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City Council Agenda Packet 12-4-2012
y: TI....IE CTFY C:)F LA, K E ELM Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City's Open Space Character N 0 10Ez 0 7 City Of Lake Elmo 800 Laverne Avenue North City Council Meeting Tuesday, December 4, 2012 7:0 *Planning Commission Interviews will be held at 6.00 PM * Public Hearing for 2013 Proposed Tax Levy and General Fumed Budget Taxes will take place at 6:30 PM .NDA AII CALL TO ORDER B. PLEDGE OF ALLEGIANCE Ce ROLL CALL. D, APPROVAL OF AGENDA E. ORDER OFBUSINESS/GROUND RULES F. ACCEPT MINUTES 1. Accept November 20, 2012 City Council Minutes G. PUBLIC COMMENTS/INQUIRIES H. PRESENTATIONS 1F 2013 PROPOSE® TAX LEVY AND GENERAL FUN® BUDGET TAXES 2. Adopt 2013 Budget and Tax Levy; Resolution 2012-62 J. 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. 3. Approve Payment of Disbursements and Payroll 4. Zoning Text Amendment - GB Zoning District (change therapeutic massage to a permitted use with appropriate licensing); Massage Therapy licensing Ordinance 2012-64 S. Approve 2013 Liquor Licenses Renewals 6. Amend December 2012 Meeting Calendar 7. Approve 2013 Meeting Calendar 8, Approve 2013 Fee Schedule; Resolution 2012-63 9. 2012 Streets & Water Quality Improvements - Pay Request No. 4 10. Approve City Membership in Minnesota Cities Stormwater Coalition (MCSC) 11. Approve Hiring of Park Maintenance Operator 12. Approve 2013 Animal Humane Society Impound Contract 13. Adoption of the Washington County All-Hazard Mitigation Plan; Resolution 2012-6X 14. Approval of Washington County Septic Inspection Agreement K. REGULAR AGENDA 15. Funding of Chamber Community Symposium 16. Appointment of 2013 Planning Commission Members: Two Regular Members, Two Alternate Members L. NEW BUSINESS 17. Library Board Appointments to Accommodate Expansion of the Board to Seven Members M. DISCUSSION ITEMS) 18. 27t" Street No Parking Signs N. SUMMARY REPORTS AND ANNOUNCEMENTS • Mayor and Council • Administrator • City Attorney • City Engineer • Planning Director • Finance Director O. ADJOURN LADE ELMO CITY COUNCIL MINUTES NOVEMBER 20, 2012 CITY OF LADE ELMO CITY COUNCIL MINUTES NOVEMBER 20, 2012 Mayor Pro Tern Emmons called the meeting to order at 7:00 P.M. PRESENT: Mayor Pro Tern Emmons,Council Member Pearson,and Council Member Park. Also Present: City Administrator Zuleger, Associate City Attorney Brekken, 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 20, 2012 City Council Agenda as Amended. Council Member Park seconded the motion. Motion passed 3-0. Consent Agenda Item#9 was pulled for future consideration. ACCEPT MINUTES ITEM 1.: THE NOVEMBER 7, 2012 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. Council Member Pearson requested confirmation on the language on page 5 regarding waivers being granted for connection to sewer.City Engineer Griffin confirmed the language was acceptable. THE NOVEMBER 9, 2012 ELECTION CANVASSING BOARD MINUTES. MOTION Council Member Pearson moved to APPROVE THE MINUTES WITH THE AMENDED CANVASSING BOARD RESOLUTION. Council Member Park seconded the motion. Motion Passed 2-0-1,Park Abstaining PUBLIC COMMFNTS/IIRIFS: None PRESENTATIONS: A. LAKE ELMO ROTARY DONATION Fire Chief Malmquist recognized the Lake Elmo Rotary Club for their donation to the Lake Elmo Fire Department. Rotary President Tammy Malmquist explained what rotary does and that the donated funds were from a grant. Tony Haider, the club grant writer, explained the grant process. Chief Malmquist explained past equipment donated, which consisted of self-teach CPR. The new donation allowed the purchase of pulse oximeters, ruggedized computer equipment, and an ice machine. B. DAVE BOUCHECK,VALLEY BRANCH WATERSHED DIST. Page 1 of 5 LAKE ELO CITY COUNCIL MINUTES NOVEMBER 20, 2Q12 Dave Boucheck provided an overview of the district and its mission. This mission includes the promoting the communication with constituents; improving and protecting the quality of water; managing the quantity of water; studying the effects on ground water; enforcing the federal Wetland Conservation Act, and education. The District also conducts permitting and performs stabilization. Council Member Pearson asked about measuring success. Mr. Boucheck explained how it was difficult,but some successes are evident. C. MNDOT ROAD SAFETY AUDIT. --ADAM JOSEPHSON Adam Josephson stated the purpose of the safety audit.was to address safety concerns. Changes have included speed limit changes and the addition of signage. MnDOT is now looking to see if there are additional measures that can be taken. Howard Preston, 9163 55th Street (Lake Elmo resident), provided an overview of the process: Step 1- assemble information. Data is of utmost importance. They look at what is out there and how it compares with other locations in order to determine what changes are needed/appropriate. Traffic volume is also important. Further traffic increases are expected with growth.There is a need to forecast.Step 2-get out into field with safety team. Team includes law enforcement. This adds a different perspective. MnDOT, county, federal Hwy, city rep. team spends a day investigating and observing. Step 3- create report with observations and suggestions for action based on analysis. MnDOT is anticipating a December study date. MnDOT would review the data and the report findings. Following the review there would be a formal presentation to council/public at end of January/early February. Mayor Pro Tern Emmons requested clarification on the report details. Mr. Preston explained the cost and time balance that the report will. detail. Council Member Park asked Mr. Josephson about the AUAR document and its relation. Mr.Josephson did not recall. Mr. Emmons inquired about the future and needing to balance the growth issues and what the community wants. The council thanked MnDOT for its assistance on the issue. CONSENT AGENDA 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 10. Variance-8961 37th Street North(Lot Dimension Variance:See Planning Packet) 11. Variance-974 jasmine Avenue North(Accessory Building Variance: See Planning Packet) MOTION. Council Member Pearson rnoved to approve the Consent Agenda as amended. Council Member Park seconded the motion. MOTION PASSLED 3-0. REGULAR AGENDA Page 2 of 5 LAKE ELM£ CITE' COUNCIL MINUTES NOVEMBER 20, 2012 ITEM 12:APPROVE TO PUT OUT RFP FOR NEW YEAR-END AUDIT FIRM City Administrator Zuleger explained the history of the audit firm approval and process. He suggested a three year agreement. It was explained that the city is looking to be compliant and possibly save money by issuing an RFP. Finance Director Bendel explained that staff would like to have a three year contract with a timeline. MOTION: Council Member Pearson moved to ISSUE RFP FOR NEW YEAR-END AUDIT FIRM 2012. Council Member Park seconded the motion. MOTION PASSED 3-0. ITEM 13.ANIMAL CONTROL CONTRACT WITH COMPANION ANIMAL CONTROL LLC City Administrator Zuleger explained the history of animal control in Lake Elmo. Washington County Sheriffs Office will not pick up cats. The shelter that Lake Elmo uses will no longer receive the dogs if we also do not pick up cats.Staff also wants to keep law enforcement on the road instead of picking up animals. Mr. Zuleger provided an overview of the contract with Brittany Foley. Payment will be on a per animal basis. Mayor Pro Tem Emmons asked that the City attempt to deliver animals to owner first. Mr. Zuleger confirmed that the contract has this policy. Mr. Zuleger also pointed out that the City's animal licensing and fine schedule is being expanded and enforced. Hopefully, this will result in a revenue neutral outcome. Council Member Pearson asked about the number of animals picked up. Mr. Zuleger said 3-4 per month. Mr. Zuleger added that the City is asking Cimarron to control their cats and will be responsible for associated costs. MOTION: Council Member Pearson moved to approve the ANIMAL CONTROL CONTRACT WITH COMPANION ANIMAL CONTROL LLC, Council Member Park seconded the motion. MOTION PASSED 3-0 Dean asked for contract to be signed immediately following the meeting. ITEM 14.APPLICATION FOR COUNCIL VACANCY City Administrator Zuleger explained the process and provided an overview of the application. Council Member Pearson identified a few small items that he would prefer changed,including some wording, etc. A discussion was had regarding the interview process. MOTION: Council Member Pearson moved to approve THE APPLICATION FOR COUNCIL VACANCY WITH SUGGESTED ADDITIONS.Council Member Park seconded the motion. MOTION PASSED 3-0. ITEM 1S: THE 2013 CITY OF LAKE ELMO PLAN OF WORK. Page 3 of 5 LAKE ELM® CITY COUNCIL MINUTES NOVEMBER 20, 2012 City Administrator Zuleger provided an overview of the plan of work. There are five overarching principles: 1. Work must be proactive and taxpayer-centered; 2. Program must add value to the community; 3. Operations must be efficient, stable, and fair; 4. Program must be cross-functional and team-based; and 5.Staff must be allowed to demonstrate expertise in individual fields. Mr. Zuleger highlighted major points of the Plan and noted that mission statements will impact the performance based budgeting for 2014. It was also mentioned that the Library Board recently went through similar items. MOTION: Council Member Pearson moved to ADOPT THE MODIFED 2013 CITY OF LAKE ELMO PLAN OF WORK. Council Member Park seconded the motion. MOTION PASSED 3-0. Mayor Pro Tem Emmons commented about his approval. He also asked about the S day permit turnaround time. It was noted that it should be edited to be strictly residential. He also inquired about the"complete streets" concept. City Engineer Griffin clarified the purpose of complete streets. It is a very high level transportation goal. However, the idea and intent at the local level is appropriate. SUMMARY REPORTS AND ANNOUNCEMENTS Council Member Park- no report. Council Member Pearson reported attending MnDOT open house for HWY 36 proposed changes. Public sentiment is not universally supported. Chamber is asking for funding for representative for greater MSP. Attended the Library Board meeting with City Administrator Zuleger. He commends Mr.Zuleger's efforts.Commended the library board and thanked the Wildwood lodge for hospitality Mayor Pro Tern Emmons reported having heard the feedback from the public during door- knocking.upcoming village meeting and theming progress. City Administrator Zuleger reported the upcoming Truth-in-Taxation hearing on 12/4 prior to city council meeting. Law Enforcement Officer funding will be considered Keats Avenue water funding meeting will take place on 12/11. There will be no second meeting in December. Christmas party will take place 1.2/14. Clerical staff hiring. Park maintainer interviews are scheduled. Attended Library Board meeting. Gave overview of the book Boards That Make A Difference. He is scheduling meetings with state and federal officials. Letters are going out to six chronic code violators.They will have 10 days to comply. Associate City Attorney Brekken reported working with the city engineer, sewer hook-ups, the detachment appeal, reviewed animal control contract, and assisted with general administrative matters. City Engineer Griffin added report on consultant budget. Line by line. There are ten standard operating procedures. Municipal state aid funding report. Page 4 of 5 LADE ELMO CITY COUNCIL MINUTES UTES NOVEM ER 20p 2012 Planning Director Klatt reported 1-I-94 comprehensive plan is in the Met Council's hands. Staff is waiting to hear back and then can begin implementing it. Adjacent municipality comments were minimal. 2- Village work Group is behind. It will be detrimental to not have land use plan as we move forward. There are open space issues. He is looking forward to working with commission. December bth is the next Thetning meeting at 7AM. Finance Director Bendel reported assessments are due 11/29. The initial deadline was extended 2 weeks due to residents not clear with process. Adjourned open meeting at 8:42 P.M. LAKE ELMO CITY COUNCIL Brett Emmons,Mayor Pro Tern Adam R.Bell,City Clerk Page 5 of 5 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2012-62 RESOLUTION ADOPTING THE 2013 GENERAL FUND BUDGET WHEREAS, the City of Lake Elmo is required to adopt a formal budget for the general fund revenues; WHEREAS,the City of Lake Elmo held its Truth in Taxation Hearing on December 4, 2012; WHEREAS, the Lake City Council closed the public hearing on the 2013 general fund budget at the close of the meeting on December 4,2012 without need for continuation; BE IT RESOLVED the Lake Elmo City Council adopts the 2013 general fund budget in the amount of$3,163,359. ADOPTED, by the Lake Elmo City Council on the 4th day of December, 2012. Dean Johnston Mayor ATTEST: Dean Zuleger City Administrator ,K E. ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 12/04/2012 CONSENT ITEM#: 3 MOTION Consent Agenda AGENDA ITEM: Approve Disbursements in the Amount of$144,592.05 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$144,592.05. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: 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. mounM. _ _ �_ . ... . . . . .. . :::. ... . . ..... ... ................. ..............: .:....: . ACH $ 8,167.71 Payroll Taxes to IRS & MN Revenue 11/29/2012 ACH $ 4,909.74 Payroll Retirement to PERA 11/29/12 DD4298 T--DD4313 $ 25,090.67 Payroll Dated 11/29/1.2 (Direct Deposit) 39279 $ 5,000.00 Accounts Payable 1.1/26/12 (Manual) 39280-39317 $ 101,123.93 Accounts Payable 11/29/12 1.611-1615 $ 300.00 Library Card Reimbursement 11/29/12 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$144,592.05, 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 December 4, 2012, Disbursements as Presented land modiftedj herein." ATTACHMENTS: 1. Accounts Payable Dated 12/04/2012 SUGGESTED ORDER OF BUSINESS Li:Lremor➢ed frorrz the ConsentAgenda): - Questions from Council to Staff.............................................Mayor Facilitates - Call for Motion...............................................................Mayor&City Council - Discussion.......................................................................Mayor& City Council - Action on Motion....................................................................Mayor Facilitates •^ c o 0 0 o G o :. it n y :r z z z z z z z z z z A 1J I; F y U cyi U L' > i VI 43 rig r Mr ca y '25 v a. c •� y N N N N N N N N N N N N N N N N N N a O OO p O O d O C O d Gj o O o O O O O O d C d 0 0 \0 \q t- t O G CC l "I ry N CEO r N J ^F C 004 � K., M N g 00 p t C O CYl Cn L^ Cr.+ O O Y O N CID C on • �"' •cG O M cv 01 ed CT cd a Y ¢ Gr Or ....y +"'r �•+ .9 � � N w' � N � N � \ No N 3NN_ Cj cn G. O G y � q Q � N r`nO � � y.,.� CC '�S N �ry N N 'C, N _ '��. N .� N N .�N. 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Nr � N , C ogOO C r � N Q N v N N N "'"" N _ U N Ci OOdkel.dO � O � v OC© N G N C C IT a ` c b d `n °C � W r 73o a aF, o c ¢ ate oo nn aA a a a a a � a a a a a C � � a tJ O Gx an Y N N N � N N N -A O � � a Q p, O• e• ° a G �y °cn° 00 (4?vn asa i r� ttwl cn ta w cq 00 CA N H w �E•''. dy�t U N � �� � j y a °✓ Ntdj a a F H a C a oA sp a' Y 7< Ni* e ✓ N41) 'r w�^ / _ 46 ) � / \ 2 \ t t/ � co 2 &E ® \k \ dk � o � £ \ ? C 7 / k0 k « « ® © \ 2 / f 2 2 ® $ t ° w p U. f t\ e & P \ Q \ ] 5 Q7 t 0 \ p-2....11� C:rTY OF;� KE LNI I MAYOR AND COUNCIL COMMUNICATION DATE: 12/04/2012 CONSENT ITEM#: 4 MOTION AGENDA ITEM: City Code Amendments SUBMITTED BY: Adam.Bell,City Clerk Nick M. Johnson, City Planner THROUGH: Dean A. Zul.eger,City Administrator REVIEWED BY: Planning Commission Kyle Klatt,Planning Director SUMMARY AND ACTION REQUESTED: In response to increased interest related to the practice of therapeutic massage in Lake Elmo, Staff is recommending that the City Council adopt a licensing program to regulate the practice of therapeutic massage. Currently, the City regulates the practice of therapeutic massage through the Conditional Use Permit process. However, Staff has found that a licensing program is a much more effective means of regulating massage businesses and practitioners in Lake Elmo. In addition to adopting a therapeutic massage licensing program, the City must change therapeutic massage from a conditional to a permitted use in the General Business (GB) Zoning District to be consistent with the licensing program. The Planning Commission reviewed the proposed zoning text amendment to make therapeutic massage a permitted use in the GB district at a meeting on I I/1.4/12,recommending approval of the text amendment. BACKGROUND INFORMATION: The City of Lake Elmo received an application for a Conditional Use Permit for therapeutic massage at 11200 Stillwater Blvd. N. in September. Through the review process of this application, Staff evaluated how effective the Conditional Use Permit was as a mechanism of regulation. Based upon this review and additional research, Staff found that a licensing program remains a more effective means of regulating this activity. in addition, licensing programs are the most common approach regulating therapeutic massage in the Metro Area. STAFF REPORT: Licensing of therapeutic massage remains the most effective means of regulation for the following reasons: 1. Licensing includes a criminal background check of the ownership and all practitioners of the massage business; 2. The annual renewal of massage licenses allows Staff the authority to regulate and review massage practitioners on an annual basis. If some unethical or unlawful conduct has occurred,the City has the authority to not renew or rescind the business and practitioner's license; 3. Licensing ensures that practitioners must have a minimum amount of training, ensuring that all massage practitioners operating in Lake Elmo are qualified and professional; and 4. All practitioners must be licensed individually, whereas a Conditional Use Permit may only be applied to a property where massage is being practiced. These reasons demonstrate that licensing is a more effective means of regulation. Regarding the specific proposals contained within the massage ordinance, Staff based decision points related to fees and the amount of training by researching surrounding communities that employ a licensing program. In terms of fees for the licenses, Staff is recommending the following fees: • Massage Therapy Premises License—Application fee: $100; Investigation fee: $100 • Massage Therapy Practitioner License—Application fee: $50; Investigation fee: $50 • Annual License Renewal Fee—Premises: $50;Practitioner: $25 • Any Amendment or changes—$50 The initial fees for the business and practitioner are based upon estimates of administrative fees and research regarding costs related to background checks. When therapeutic massage was reviewed by the Planning Commission, it should be noted that they were concerns related to City costs. Staff feels that the administrative costs should be reasonable, and the City will update the fee schedule if the costs for administering the license program are not recuperated by the initial fee or are found to be too high. The proposed fees are in line with the surrounding communities. In addition, Staff conducted research related to the amount of required training of surrounding communities. After balancing the findings of other communities, Staff is recommending requiring 500 training hours as the required minimum. This amount of training is consistent with most national certification and training programs for therapeutic massage and bodywork. Finally, in order to remove the Conditional Use Permit as the means for regulating therapeutic massage in Lake Elmo, a zoning text amendment must be approved to change therapeutic massage from a conditional to a permitted use in the General Business Zoning District, the current zoning district that allows massage in Lake Elmo. Along with the therapeutic massage ordinance, this proposed zoning text amendment is included in Ordinance 2012-64. It should also be noted the licensing program will apply to the new sewered commercial zoning district as well. Regardless of zoning district, anyone who wishes to practice therapeutic massage in Lake Elmo will be required to obtain a license. STAFF AND PLANNING COMMISSION RECOMMENDATION: The Staff recommends approval of the therapeutic massage licensing program and zoning text amendment by taking the following action: "Move to approve Ordinance 2012-64, approving the therapeutic massage licensing program and zoning text amendment to the General Business Zoning District, as recommend by the Planning Commission." ATTACHMENTS: 1. Ordinance 2012-64 SUGGESTED ORDER OF BUSINESS: - Introduction of Item.............................................................. City Administrator - Report/Presentation........................................................City Clerk - 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 COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 2012-064 AN ORDINANCE AMENDING THE LAKE EL MO CITY CODE OF ORDINANCES BY CHANGING THERAPEUTIC MASSAGE FROM A CONDITIONAL TO A PERMITTED USE IN THE GENERAL BUSINESS ZONING DISTRICT AND ADDING NEW REGULATIONS RELATED TO THE PRACTICE OF THERAPEUTIC MASSAGE IN THE CITY OF LAKE ELMO. SECTION 1 . The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code, by removing the following language: 5154.051 GB - GENERAL BUSINESS A) Permitted uses and structures. (5) Uses permitted by conditional use permit. General Business - Conditional Use SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code, by adding the following language: §154.0151 GB - GENERAL BUSINESS (A) Permitted uses and structures. (1) The following service/office uses: General Business - ServicelOffice ��ee heraDeutic M-ss aQe I:icensing ids SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XI: Business Regulations; Chapter 114: Therapeutic Massage, by adding the following language: 114. THERAPEUTIC MASSAGE 5114.01 PURPOSE. The City Council finds that therapeutic massage and bodywork establishments potentially provide an opportunity for the commission of crimes, including but not limited to, prostitution. The purpose of this Chapter is therefore to prevent businesses from being used as facilities for commission of crimes and to assure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the citizens of the city, §114.02 LICENSE REQUIRED. A. No person shall exercise, carry-on, or be engaged in the trade or business of providing massage therapy or bodywork or operating a massage therapy or bodywork establishment unless such person is currently licensed under this Chapter. The application and licensing process are described in §114.12-15. This section is intended to require the licensing of the business as an entity, as well as each person employed by the business for the purpose of providing therapeutic massage or bodywork therapy. B. Notwithstanding the licensing requirements detailed under paragraph (A) of this section, therapeutic massage premises license holders allowing persons to provide therapeutic massage or bodywork services at a therapeutic massage establishment without a current license may be held responsible and charged with a violation of this chapter. C. Persons or businesses currently engaged in the practice of therapeutic massage or bodywork at the time of enactment of this section shalt be in full compliance with the terms and conditions of the section no later than ten (10) days following publication of the section. The exception to the compliance requirement shalt be the required educational standards. Specifically, those persons employed in the practice of therapeutic massage or bodywork within the City of Lake Elmo prior to the enactment of this section shalt be allowed to continue in such practice without meeting the required minimum standard of 500 format training hours until January 1, 2014. Persons or businesses engaging in the practices described in this section after the enactment of this ordinance shalt be in full compliance prior to engaging in such practices. §114.03 LICENSING EXCEPTIONS. The following persons or places, as described, shalt be exempt from the licensing requirements of this Chapter: A. Persons duty licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, provided the massage is administered in the regular course of the medical business and not provided as part of a separate and distinct massage or bodywork business. B. Persons duly licensed by this state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments and provided that massages provided by beauty culturists are limited to the head, hand, neck and feet, and that massages provided by barbers are limited to the head and neck. C. Students participating in an educational massage therapy program at an accredited college providing therapeutic massage therapy under the direct supervision of a licensed massage therapist/bodyworks therapist, or licensed health professional under which massage is within the scope of their practice. D. Off-site locations at which a client receives therapeutic massage or bodywork services from a licensed massage or bodywork therapist, licensed pursuant to the terms of this chapter. E. As described in Minnesota Statute 471.709: a massage therapist who is working for or an employee of a medical professional licensed under Chapter 147 or 148. (Ord. 745, 10/26/10). §114.04 PERSONS AND LOCATIONS INELIGIBLE FOR A LICENSE. A. No license under this Chapter shall be issued to an applicant who is a natural person if such applicant: 1. Is a minor at the time the application is filed; 2. Has been convicted of or entered a plea of guilty within the previous three (3) years to a violation of this Chapter or of any other law regulating the practice of therapeutic massage, or of any law prohibiting criminal sexual conduct, prostitution, pandering, indecent conduct, or keeping of a disorderly house; 3. Is not of good moral character or repute; 4. Holds an intoxicating liquor license under Chapter 111 of this Code; or 5. Provides any false, fraudulent, or deceptive information in the required application. B. The provisions of this section as described in paragraph (A), numbers (1 ) through (5), shall also apply to any partnership if such applicant has any general partner or managing partner meeting any of the described criteria; and shall also apply to any corporation or other organization if such applicant has any manager, proprietor, or agent in charge of the business meeting any of the described criteria. C. The following locations shall be ineligible for a license under this Chapter: 1. No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota statutes, Sections 27$.01-278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. 2. No license shall be granted or renewed if the property on which the business is to be conducted is owned by a person who is ineligible for a license under the requirements of any Chapter of this Code. 1�114.005 FEES. A. application Fee. 1. The license application fee shall be as determined by the City Council, and should, as closely as possible, reflect the actual cost of processing, verifying, and approving the application. An applicant for any License under this Chapter shall be responsible for the payment of all actual expenses related to the background investigation conducted by the city, up to a maximum cost of $250.00 per person employed or contracted with as a massage or body works therapist. The intent of this section is to require a background investigation for all persons employed by or contracting with any massage therapy or bodywork business operating within the city. These costs shall be paid to the city prior to the issuance of an individual or business license 2. In the event that the licensed premises defines a structure not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be ninety (90) days after approval of the license by the City Council or upon the date the building is ready for occupancy, whichever is sooner. 3. When a new license application is submitted as a result of incorporation by an existing licensee and the ownership, control, and interest in the license are unchanged, no additional fee shall be required. B. Annual License Renewal Fee 1. The annual license renewal fee shall be determined by the City Council and should, as closely as possible, reflect the actual cost of processing, verifying and approving the renewal application. For the purpose of establishing an initial licensing fee, the annual renewal fee shall be calculated at the rate of $50.00 for the lousiness entity and $25.00 per massage therapy or body works practitioner employed by or contracting with the business entity. §114.06 GENERAL LICENSE RESTRICTIONS. A. Educational Requirements. Persons applying for a license under this Chapter shalt provide, in addition to the general application described later in this Chapter, a copy of a diploma or certificate of graduation from a school approved by the state or local government agency having jurisdiction over the school. The minimum acceptable level of training shall be established five hundred (500) practitioner hours. Additionally, each practitioner must be currently certified in the administration of Cardiopulmonary Resuscitation (CPR). B. Inspection of Premise. During business hours, all therapeutic massage and bodywork establishments shalt be open to inspection by city Building and License Inspectors, Health Officers, and Licensed Peace Officers. At the request of the described inspecting parties, any person licensed under this Chapter shalt produce correct and authentic identification that includes a true legal name and current home address. C. License Display. A license issued under this Chapter must be posted in a conspicuous place in the premises for which it is used. The license issued is only effective for the compact and contiguous space specified in the approved license application. In addition to the license issued to the business establishment, the licenses issued to individual persons employed by the business shalt be displayed in a similar manner. D. Maintenance of Order. A licensee under this Chapter shall be responsible for the conduct of the business being operated and shall maintain conditions of order. E. Gambling. No licensee under this Chapter may keep, possess, or operate, or permit the keeping, possession, or operation on the licensed premises of dice, slot machines, roulette wheels, punchboards, blackjack tables or pinball machines which return coins or slugs, chips, or tokens of any kind, which are redeemable in merchandise or cash. No gambling equipment authorized under Minnesota Statutes, Sections 349.11-349.60, may be kept or operated and no raffles may be conducted on the licensed premises and/or adjoining rooms. The purchase of lottery tickets may take place on the licensed premises as authorized by the director of the lottery pursuant to Minnesota Statutes, Section 349A.01-349A.15. F. Alcohol or Drugs Prohibited. No beer, liquor, narcotic drug, or controlled substance, as such terms are defined by state statutes or city code, shall be permitted on the premises. G. Building, Safety and Health Regulations. Any establishment licensed under this Chapter shall be in full compliance with all applicable local, state and federal building, safety and health laws and regulations. H. Locks on Doors. There shall be no locks placed upon or used on the doors of massage rooms. I. Professional Liability Insurance. Each business as an entity and each practitioner individually shalt obtain and keep current a professional liability insurance policy governing the activities of the business and practitioner. J. Minnesota Statute Chapter 146A. Each business as an entity and each practitioner individually shall additionally comply with all of the requirements and regulations established by Minnesota Statute Chapter 146A. This chapter establishes the State Office of Unlicensed Complementary and Alternative Health Care Practice and establishes additional regulations and requirements for these businesses types. K. Appointment Record Requirement. All licensees shall be responsible for keeping appointment records of all off-site therapeutic massage/bodywork services provided. The records shalt be sequential and shall include the name of the therapist conducting the service, the name and signature of the client, the address where the service was provided, and the date and time of the service. Licensed therapists shall have appointment records in possession at all off-site locations. Appointment records shall be kept for a period of twenty- four (24) months from the date of the service. 5114.07 Restrictions Regarding License Transfer. Each license under this Chapter shalt be issued to the applicant only and shall not be transferable to any other person. No licensee shall loan, sell, give, or assign a license to another person. 9114.08 Suspension or Revocation of License. A. The City Council may suspend or revoke a license issued under this Chapter upon a finding of a violation of: (1) any of the provisions of this Chapter; (2) any state statute regulating therapeutic massage or bodywork; or (3) any state or local law relating to moral character and repute. Any conviction by the license holder for any other law regulating the practice of massage or bodywork, or of any taw prohibiting criminal sexual conduct, prostitution, pandering, indecent conduct, or keeping of a disorderly house shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. E. Except in the case of a suspension pending a hearing on revocation, a revocation or suspension by the City Council shall be preceded by written notice to the licensee and a public hearing. The written notice shalt give at least eight (S) days notice of time and place of the hearing and shalt state the nature of the charges against the license holder. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not to exceed thirty (30) days. The notice may be served upon the license holder by United States mail addressed to the most recent address of the business in the license application. §114.09 Prohibited Acts. Any touching, manipulation, stimulation, or excitation of the primary genital area of a client by a massage therapist or bodywork practitioner, or of a massage therapist or bodywork practitioner by a client, pursuant to the provision of a massage or bodywork technique, is expressly prohibited. The offer or suggestion to provide any of the described acts to a client by the massage therapist or bodywork practitioner is prohibited. 5114.10 Severability. If any section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid, such decision shalt not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have adopted this Chapter and each section, subsection, sentences, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. S114.11 Penalty. A violation of this Chapter shalt be a misdemeanor under Minnesota law. §114.12 Application Content. Every application for a license under this Chapter shall be made on a form supplied by the issuing authority and shall contain the information described below. The intent of the application process is to acquire sufficient information on the owner of the business and each employee or contractor with the business as to allow a thorough background investigation and an informed decision by the city with regard to licensing. If the applicant is employed by or contracting with a business, and is not the owner of the business, it will not be necessary to provide information regarding the applicant's spouse. A. If the applicant is a natural person: 1. The name, place and date of birth, street resident address, and phone number of the applicant. 2. Whether the applicant is a citizen of the United States or a resident alien. 3. Whether the applicant has ever used or been known by another name other than the applicant's name, and if so, the name or names used and information concerning the dates and places when used. 4. The name of the business if it is to be conducted under a designation, name, or style other than the name of the applicant and a certified copy of the certificate as required by Minnesota Statutes, Section 333.01. 5. Whether the applicant will engage in off-site massage/bodywork services. 6. The street addresses at which the applicant has lived during the preceding five (5) years. 7. The type, name, and location of every business or occupation in which the applicant has been engaged during the preceding five (5) years and the names(s) and address(es) of the applicant's employer(s) and partner(s), if any, for the preceding five (5) years. 8. Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance other than a traffic ordinance. If so, the applicant shall furnish information as to the time, place, and offense for which convictions were had. 9. The physical description of the applicant. B. If the applicant is married. 1. The name, place and date of birth, and street address of the applicant's current spouse. 2. The type, name, and location of every business or occupation in which the applicant's current spouse has been engaged during the preceding five (5) years. 3. The names and addresses of the employers or partners of the applicant's current spouse for the preceding five (5) years. 4. Whether the applicant's current spouse has ever been convicted of any felony, crime, or violation of any ordinance other than a traffic ordinance. If so, the applicant shall furnish information as to the time, place, and offense for such convictions. C. If the applicant is a partnership: 1. The names(s) and address(es) of all general and limited partners and all information concerning each general partner required in subpart (1) of this section. 2. The name(s) of the managing partner(s) and the interest of each partner in the massage therapy business. 3. A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes, Section 333.01, a certified copy of such certificate shall be attached to the application. D. If the applicant is a corporation or other organization: 1. The name of the corporation or business form, and if incorporated, the state of the incorporation. 2. A true copy of the Certificate of Incorporation, Articles of incorporation or Association Agreement, and By-laws shall be attached to the application. If the application is a foreign corporation, a Certificate of Authority as required by Minnesota Statutes, Section 303.06, shall be attached. 3. The name of the manager(s), proprietor(s), or other agent(s) in charge of the business and all information concerning each manager, proprietor, or agent required in subpart (1) of this section. 4. A list of all persons who control or own an interest in excess of five (5) percent in such organization or business form or who are officers of the corporation or business form and all information concerning said persons required in subpart (1) of this section. E. For all applicants: 1. Whether the applicant holds a current massage therapy license from any other governmental unit. 2. Whether the applicant has previously been denied a massage therapy license from any other governmental unit. 3. The names, street resident addresses, and business addresses of three residents of the seven-county metropolitan area, who are of good moral character and who are not related to the applicant or not holding any ownership in the premises or business, who may be referred to as to the applicant's and/or manager's character. 4. The location of the business premises. 5. The legal description of the premises to be licensed. 6. Whether all real estate and personal property taxes that are due and payable to the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid. 7. Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the Lake Elmo Building Department, no plans need to be submitted with the issuing authority. 8. Such other information as the City Council or issuing authority may require. §114.13 Application Execution. All applications for a license under this Chapter shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation, by an officer thereof; and if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. Any falsification on a license application shall result in the denial of a license. §114.14 Application Verification. All applications shall be referred to the issuing authority for verification and investigation of the facts set forth in the application. The issuing authority shall make a written report and recommendation to the City Council as to the issuance or non-issuance of the license. The City Council may order and conduct such additional investigation, as it deems necessary. §114.15 Application Consideration. A. The City Council shalt conduct a hearing on the license application within a reasonable period following receipt of the issuing authority's report and recommendation regarding the application. At least ten (10) days in advance of the City Council hearing on an application, the issuing authority shalt cause notice of the hearing to be published in the official newspaper of the city, setting forth the day, time, and place of the hearing; the name of the applicant; the premises where the business is to be conducted; and the type of license which is sought. At the hearing, opportunity shall be given to any person to be heard for or against the granting of the license. Additional hearings on the application may be held if the City Council deems additional hearings necessary. After the hearing or hearings on the application, the City Council may, in its discretion, grant or deny the application. B. If an application is granted for a location where a building is under construction or not ready for occupancy, the license shalt not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises. §114.16 Expiration of License; prorating. All licenses issued pursuant to this Chapter shalt expire on the last day of October of each year. Each license shalt be issued for a period of one year except that if a portion of the license year (November to October following) has elapsed at such time as the application is filed, a license may be issued for the remainder of the license year for a pro rata fee. For the purpose of computing such "pro rata fee", any fraction of a month falling within the license period shall be counted as a full month. 91 14.17 renewal Application A. Applications for the renewal of an existing license shall be made at least thirty (30) days prior to the date of the expiration of the license and shall be made in such form as the issuing authority requires. If, in the judgment of the issuing authority, good and sufficient cause is shown by an applicant for the applicant's failure to submit a renewal application before the expiration of the existing license, the issuing authority may, if the other provisions of this Chapter are complied with, grant the renewal application. B. A license under this Chapter will not be renewed: 1. If the issuing authority determines that the licensee has failed to comply with the provisions of this Chapter in preceding license years. 2. If the licensee, or if the licensee does not manage the establishment, the manager of the licensed premises is not a resident of the seven-county metropolitan area on the date that the renewal takes effect. 3. If in the case of a partnership, the managing partner or other person who manages the establishment is not a resident of the seven-county metropolitan area on the date the renewal takes effect. 4. If in the case of a corporation, or other organization, the manager, a proprietor, or agent in charge of the establishment is not a resident of the seven-county metropolitan area on the date the renewal takes effect. 5. The time for establishing residence in the seven-county metropolitan area may, for good cause, be extended by the City Council. SECTION 2. Effective [date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 2012-64 was adopted on this fourth day of December 2012, by a vote of �Ayes and � Nays. LAKE ELMO CIS° COUNCIL Dean A. Johnston, Mayor ATTEST: Adam Bell, City Clerk This Ordinance 2012-64 was published on the day of 2012. .......... ............ THE' G -')F K ` FL E MO MAYOR AND COUNCIL COMMUNICATION DATE: 12/04/2012 CONSENT ITEM#: 5 ConsentAgenda AGENDA ITEM: Consider Approval of 201') Liquor License Renewals SUBMITTED BY: Adam R. Bell, City Clerk THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Washington County Sheriff's Office(Pending) SUMMARY AND ACTION REQUESTED: The City has received liquor applications for 2013, required fees, and insurance certificates. As all applications are in order, it is respectfully recommended that the City Council approve these renewals as part of tonight's Consent Agenda. BACKGROUND & STAFF REPORT: The City is respectfully requested to consider granting the followinc,Z�l 2013) liquor applications: ® On-sale intoxicating liquor and On-sale Sunday intoxicating license to Prom Management Group (Operators of Tartan Park Restaurant) and to The Machine Shed Restaurant by Heart of America Restaurants; contingent upon approval by the Washin,glon County Sheriffs Dept. • On-sale intoxicating liquor, Off-sale intoxicating liquor and On-sale Sunday intoxicating liquor license to the Twin Point Tavern and Lake Elmo Inn including the outside patio; contingent-upon approval by the Washington County Sheriff's Dept. • Off-sale intoxicating liquor license to Lake Elmo Wine Co. and Village Wine & Spirits; contingent upon approval by the Washington County Sheriffs Dept. ® On-Sale intoxicating liquor license (second location) for the Lake Elmo Inn Event Center; contingent upon approval by the Washington County Sheriffs Dept. RECOMMENDATION: Based upon the above information, City staff recommends approval of the 2013 liquor license renewals as part of tonight's Consent Agenda. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and deliberate prior to taking action. While tabling this item is not recommended, at least not beyond the planned December 11 th special meeting, the Council may elect to amend the recommended motion. if done so, the appropriate action of the Council following such discussion would be: "Move to approve 2013 Liquor License Renewah�, as presented farad amended cat tonight's meeting]" ATTACHMENTS: None SUGGESTED ORDER OF BUSINESS (if removed from the ConsentAgenda� - Questions from Council to Staff.............................................Mayor Facilitates - Call for Motion ...............................................................Mayor&City Council - Discussion.......................................................................Mayor&City Council - Action on Motion.................................................................... Mayor Facilitates Tf-1i_` CITY OF' - LAKE L MAYOR AND COUNCIL COMMUNICATION DATE: 12/04/2012 CONSENT ITEM #: 7 MOTION Consent Agenda AGENDA ITEM: 201.3 Meeting Calendar SUBMITTED BY: Adam Bell, City Clerk THROUGH.: Dean A. Zuleger, City Administrator REVIEWED BY: Cathy Bendel, Finance Director SUMMARY AND ACTION REQUESTED: As part of the Consent Agenda City Council is respectfully requested to officially adopt the proposed 2013 City Meeting Calendar or amend as necessary. RECOMMENDATION Staff recommends the city council make a motion "Move to approve the proposed 2013 Meeting Calendar ATTACHMENTS: Proposed 2013 Calendar of City Council regular meetings and workshops 2013 CALENDAR OF LAKE ELMO CITY COUNCIL MEETINGS AND WORKSHOPS (The Mayor and Council have the right to add or cancel meetings) Council Meetings and Council Workshops: January 2 (Wed)—Regular Meeting November 5—Regular Meeting January 8 —Workshop November 12—Workshop January 15—Regular Meeting November 19---Regular Meeting February 5 —Regular Meeting December 3 —Regular Meeting February 12--Workshop December 10—Workshop February 19—Regular Meeting December 17—Regular Meeting March 5—Regular Meeting March 12—Workshop March 19----Regular Meeting April 2—Regular Meeting April 9—Workshop April 16—Regular Meeting May 7----Regular Meeting May 1.4--Workshop May 21. —Regular Meeting June 4—Regular Meeting June 11 —Workshop June 18—Regular Meeting July 2—Regular Meeting July 9—Workshop July 16—Regular Meeting August 6--Regular Meeting August 13 —Workshop August 20—Regular Meeting September 3 --Regular Meeting September 10--Workshop September 17—Regular Meeting October 1 --Regular Meeting October 8—Workshop October 15—Regular Meeting 0 0 0 o 0. 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C4 L .7, w C a0 i0 a E o E 1 U u o a c- a a � o o Qc, w a oo is N m m m m m n° u m m Q, Q, as "> m p u j m 3 s s s c w m m a Q, d .� a on �- ►- h- 1 h s a on, .c aF- o a ° c u rn L a no tto � aQ °0.o eC u v �c Q E `i r"a m m vm m _p t`�a Lan u e m u. c°� cap. w ° Z � 'a a Uli c U. V) V)i ��: THE CITY OF I. K AE F MAYOR AND COL TNCIL COMMUNICATION DATE- December 4, 2012 CONSENT ITEM#: 9 MOTION AGENDA ITEM: 2012 Street &Water Quality Improvements—Pay Request No. 4 S U WNUTTED BY: Ryan Stempski,Assistant City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIENVED 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. 4 for the 2012 Street&Water Quality Improvements. STAFF REPORT: Hardrives, Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 4 in the amount of $23,949.38. 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 $39,802.05. The total value of the work completed to date is $796,040.95 of the revised contract amount of $861,634.79, or 93%. The project is nearing final pay quantities indicating that the project will finish under budget once a compensating change order is processed. RECOMMENDATION: Staff is recommending that the City Council consider approving Pay Request No. 4 for the 2012 Street & Water Quality Improvements, as part of the Consent Agenda,in the amount of$23,949.38. ATTACHMENTS: 1. Partial Pay Estimate No. 4 PROJECT PAY FORM PARTIAL PAY ESTIJIVIATE ti0. 4 FOCUS ENGINEERING, inc. 2012 STREET AND WATER QUALITY IMPROVEMENTS PERIOD OF ESTIMATE PROJECT NO. 2012.123 FROM 11/1/2012 TO 11/26/2012 PROJECT OWNER: CONTRACTOR: CITY OF LAKE ELMO HARDRIVES, INC. 3800 LAVERNE AVENUE NORTH 14475 QUIRAM DRIVE LAKE ELMO, MN 55042 I ROGERS, MN 55374 ATTN:JACK GRIFFIN, P.E.,CITY ENGINEER ATTN. MIKE LEU£R,DIVISION MANAGER CC3.NTRACTCHAfiilisERD.ERSUMMARY ''.` ..-::.. _.::....' `Ri4Y_ES:TfIVIATf;;'SIdMIiAFiY 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 j $11,898.00 3.Revised Contract(1+2) $861,634.79 4.*Work Completed $796,040.95 5.*Stored Materials $0.00 i 6.Subtotal(4+5) $796,040.95 7.Retainage* 5.01%- $39,802.05 8.Previous Payments $732,289.52 TOTALS $11,898.00 $0.00 9.Amount Due(6-7-8) $23,949.38 NET CHANGE $11,898 00 *Detailed Breakdown Attached :. CONTRACT IME*-::. ..:. :;.:... ..:. ..: . START DATE: 7/17/2012 ORIGINAL DAYS 94 l ON SCHEDULE SUBSTANTIAL COMPLETION: 10/19/2012 REVISED DAYS 0 YES FINAL COMPLETION: 11/30/2012 REMAINING -38 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. s -lul t ff 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 3Y 3Y DATE DRAT;_ FOCUS Engir:eering,inc. PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 4 2012 STREET AND WATER QUALITY IMPROVEMENTS FOCUS LNG{N E E R{N G, inc. CITY OF LAKE ELMO,MINNESOTA PROXCT NO.2012.123 COhiRAC(RevTS811'; THiSFER= TOTAL TODAin ITEM OESCRIP%ION OF PAY 17EM UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUAI,tTi7Y AMOUNT MOBILIZATION LS 1.G S45,830,00 $»5°SC.CC I 1.00 545,B50.G0 2 iRAFFLC CONTROL €S S3,693.19 53,555.E5 I� _' 1.G0 53,695,19 3 SILT FENCE U i SCO $3,21 5963.00 i 300A S953.CA c INL-cT PROTECTION EA 23 S96,40 52,237.20 tt S TREE REMOVAL EA S267,77 52,945.c7 =A 53,213-2» 1 i 6 SALVAGE ANO REINSTALL FriALLWX EA 85 S65114O SS,525.00 1 !! 7 SALVAGE AND REINSTALL SIGN EA a5 S-33.89 $4,685_90 R SAWCUT BITUMINOUS AND CONCRETE PAVEMENT CALL TYPES) LF t i,790 52,4? S4.457.10 I � 541.0 $2.343.04 REMOVE AND DISPOSE CONCRETE CU48 AND GUTTER LF ' SS S5.6c 5330.7. I i 7a.O S412.45 10 REMOVE AND OiSPOSE OF EXISTING BITUMINOUS PAVEMEN- SY i ..29i 54.60 55,938bC 505A 52,753.00 11 REMOVE AND DISPOSE OF EXISTING CONCRETE PAVEMENT SY 52G 55,5E 53.41i.20 1C0.0 5656.00 i 12 REMOVE AND DISPOSE OF EXISTING STORM SEVlER C8XaMR EA 11 S535.53 55,&50.83 12."„ $6A25.36 i3 SALVAGE ANO REINSTALL?AVERS SY 22 55150 S"i-80 14 SUSGRADE CORRECTION SY 1,40= 36.91 59.701.64 I 1.325.0 $7,8SZ-75 15 COMMON EXCAVATION{CVI(Pi LY I 1,351 SSO.Oi 513,S23.51 I _.a5i.0 513,s23-5? SS CLASS 5 AGGREGATE BASE(2001%CRUSHED) CY I 474 ;1c,� S6.636.DO ULRBORROW CY 12 58316 342.0i7 SELECT BRAN 4 53,225.00 18 HAUL OUT EXCESS MILLINGS CY 1 3A24 SI96 $9.175.34 I 628."u 57,418.88 19 PLACE RECLAIMED MAT-RLIL FROM OTHER SITES CY 451 58.48 S3.82»AS S S61.0 54,757,28 20 RECLAIM EXrSTIVG BITUMINOUS AND BASE MATERL4L5 aY 38,40E 50,91 534.949.46 ! 38.i28A 534,656.45 11 SUBGPAOE PREPARATION OF RECLAIMED SURFACE RS 'i 10D 525435 525 435.CC 1D0.0 S25AMLOC 22 SUBGRADE PREPARATION FOR PARKING COTS LS + 51.695.51 51.&95.91 lA 51.593.9: { 29 12"CLASSS RCP STORMSEWER LF 114 S<,333.95 130A 54,734.60 535 42 i 24 15'CLASS 5 RCP STORh1 SEWER IF 247 537,49 55_60.03 I 255-0 59559.55 25 12`CONCRETE FLARED END SECTION EA I. i $963.96 5963.9E 26 CATCH BASIN,TYPE 402 WITH R.B250•A CASTING EA 3 51,960,0E 55,880.15 3.0 55,880.1E i 27 CATCH BASIN.TYPE 404%Nril •35C1^•T6 CASTINC• EA 4 S2,077.87 58.311.45 4.0 58,311.»B 28 4'DLA CBMH WITH!'SUMP.TYPE 401 WITH SALVAGED A-3250•A CASTIN EA 1 Si,6B5,53 51:666.93 I 25 4'DiA CBMH,TYPE STO.9 WITH R•3501•TB CASTLkG EA 2 S2238.54 $4,477AB 3,0 $6,725.62 j 3C _0�A C6N1H Vt/TH 1'StiMP,TYPE STOA WlTY1 R•33G3•TS CASTING FA - 52,L64.96 52:84.98 3.0 56554.55 31 4'DIA CBMH,T YPE 4%WITH R-3250-A CASTING EA 3 S2,227.62 $6.683.46 3.0 S6433A6 32 DIA CBNIH WITH i'SUMP,TYPE 405 V.9TF1 R•3501-TB CASTING EA 53191:68 $3.451.58 33 4"PVC PW EDGE DRA!i WITH BACKFILL AND WRAP LF 400 55.39 S2,076,OC $2,076.DD 34 8618 CONCRETE CURB AND GUT TER LF 30 53 i.49 si'121.70 [ i j 4 35 B624 CONCRETE CURB AND GiI'LTER LF 20 537,A5 S'-1.172.02 f{ j 272.k Si0,;R7.2B 35 0412 CONCRETE CURB AND GUTTER ,: 1 SOt 527.59 522,262.70 ( 4 850C 52?.53bS0 37 CONCRETE CURB CUT FOR RAIN GARDEN EA 17 532;,32 $5.e62.44 ! ioA 55,141: 38 6"CONCRETE FLUME EA _ S642.S4 5642.6» i.0 S642.64 39 B"CONCRETE DRIVEWAY SY S20 ;42,gs 522.276.80 10DA Ss,284.1Z f c0 81TUF4LNOOS DRIVEWAY SY 1,225 516.77 S20.543.25 327.0 5a.483,79 43 BITUMNOUS WEARING COURSE TN j 3.900 $54.35 52•,i,9b5.00 3,435.9 SSSe,739.53 I I 42 B;TUMItiOUS%0%+-WEARIY.000URSE TN 3.275 558.60 519i,415-00 1 4,287.28 5245,374,61 i 43 BITUMINOUS MATERIAL FOR TACK COAT GAL j 2°SO i2,13 iZ,1S3 i0 i.95'uA S<,li3.50 4 E A:5TREETS LF7,60 I 0 I 52E1 518,796.00 6.300.00 >22,208.00 8,800A 521,208A0 AA SAW AND S j 45 REMOVE CATCH.BASIN CASTING EA 5 S.0 3913.35 f 46 INSTALL 9•350i•TB CAST INC EA 8 S803.3C $6,42B.40 9.0 S6.426.40 17 SALVAGE AND REINSTALL CAS7iNG LALLTYPESj EA 7 $555.33 Sa.8S7.31 [ 7A $3:867.32 46 CULVERT END CLEANWG EA 10 $'Vi-73 Si.76T30 II 10-0 S1,767.30 .I 49 DITCR GRADING LF I 490 S4.71. S2,30790 49G.0 $230790 50 CLASS 3 RI.RAP WITH GEOTEXTILE FABRIC CY 60 386141 53.98+i0 I 60.0 $3.984.60 i'_ ER:^510N!7ABlI2A7nON N'IAT 5Y 1CD 565E 51.392.00 i 52 BIOROU CATCH CHECK FA 30 564 E Si.527.80 53 SEEDING WTI H WOOD FIBER BLANKET 5Y -:-33 51:SS 51,755./5 fi.9:fCA 52,945A0 j i 54 SODDING 51 ? 14,iO3 S40,135.00 ) ' 63b6.G 518,715.&`l 52.85 : I 55 IMPORT AND PLACE TOPSOIL CY 1.500 513,g,I S24.70G.00 1.354: 517,732.OD 56 STRiP!NC•- "YEJLLOW STRIPING L-r S,i30 5G?L Si.287.30 61254.k0 S3,31335 i 6,254.0 5:.313.3; 51 STRIPING-4"VSHFITE STRiPSNG LF { v 940 ;0.27 $1,87320 5.7S440 51.631 c8 $78tC S1,831.68 58 HANDICAP PAVEMENT MARRING EA 2 5»28.L3 5856.8E 2.0 5855.86 2.0 5656.86 I TOTALS-BASE CONTRACT $849,736.79 525,209.88 $794,142.95 CHANGE ORDER NO.1 1124 86?2 CONCRETE CURB AND GUTTER LF 3 661 5.88.3C a11.898.00 i o51.0 $:1,6S8AG ) TOTALS-CHANGE ORDER NO.1 $11,895.00 $11,898 TOTALS-REVISED CONTRACT $861,634,79 525,209,88 $796,040.95 .................................._... MAYOR AND COUNCIL COMMUNICATION DATE: December 4, 2012 CONSENT ITEM #: 10 MOTION AGENDA ITEM: Minnesota Cities Stormwater Coalition—Approve City Membership SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Cathy Bendel, Finance Director Kyle Klatt,Planning Director Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REQUESTED: The city council is respectfully requested to consider approving City membership to the Minnesota Cities Stormwater Coalition(MCSC). STAFF REPORT: MCSC was formed in 2006 as a subset of the League of Minnesota Cities (LMC) to support cities in meeting the Municipal Separate Storm Sewer System (MS4) permit requirements. The mission of MCSC is to work closely with the Minnesota Pollution Control Agency and other regulators and policymakers to help ensure that adopted regulations are reasonable and effective. In the past year, MCSC has advocated for MS4 cities on significant issues. The MPCA issued two drafts of the new MS4 General Permit, each draft being amended significantly in the favor of cities after MCSC retained specialized legal counsel. The MPCA also issued two large-scale TMDLs for turbidity and total suspended solids which will result in $Ibillion in estimated costs from more than 150 MS4 cities to meet the load reduction requirements. MCSC submitted substantial comments on the TMDL studies indicating that the burden for MS4 cities is too large. MCSC has also organized an effort to get stakeholder input from MS4 cities across the United States into the new USEPA Federal Stormwater rulemaking process. As a stakeholder MS4 city, Lake Elmo would support these continued efforts and have an opportunity for a more active participation. Membership dues are based on population. The annual dues for Lake Elmo will be$620 (see attached Annual Fee Rate Schedule). RECOMMENDATION: Staff is recommending that the city council approve, as part of the Consent Agenda, membership for the City of Lake Elmo to the Minnesota Cities Stormwater Coalition(MCSC). ATTACHMENTS: 1. League of Minnesota Cities solicitation Letter 2. MCSC Member Cities as of September 2012 3. Annual Fee Rate Schedule 1111 LEAGUE o CONNECTING & INNOVATING IA INNESOTA Cities SINCE 1913 CITIES vtL r ill"fjate f f oclhtion, To: MS4 permitted cities that are not currently members of MCSC From: Jim Hafner, MCSC Steering Committee Chair and Kevin Frazell, Director of Member Services,LMC. Date: November 7, 2012 Re: Membership in the Minnesota Cities Stormwater Coalition(MCSC) As a city required to comply with the Municipal Separate Storm Sewer System (MS4)permit, you know that stormwater regulations can be complex and daunting. The Minnesota Cities Stormwater Coalition(_MCSC), formed in 2006 as a subset of the League of Minnesota Cities (LMC), exists to support cities in meeting the permit requirements. We also work closely with the MPCA and other regulators and policymakers to help ensure that adopted regulations are reasonable and effective. Our almost 100 existing members tell us that the MCSC dues pay for themselves mane times over in the form of improved regulations,more reasonable state-level policies, and connections with other stormwater managers across the state. We are writing today to strongly encourage your membership and active participation in the MCSC. As a stakeholder MS4 city. your membership. contribution. and input are critical to creating successful outcomes for all regulated cities. This past year has included significant challenges for MCSC and all regulated MS4 cities. The MPCA issued two drafts of the new MS4 General Permit. The MPCA also issued two large-scale TMDLs (South Metro Mississippi River&Minnesota River)for turbidity and total suspended solids. The estimated cost included in these TMDLs for more than 150 MS4 cities to meet the TMDL required load reductions is more than$1 billion. Finally, USEPA is moving toward issuing a new federal stormwater rule that will include site-level performance goals based on stormwater volume control and retrofit requirements for many MS4 cities. MCSC has stepped up to work for all MS4 cities on these challenges. We hired specialized legal counsel.Nancy Burke of Gray, Plant, and Mooty, to help us review and comment on the draft permit. In 2011, we submitted 72 pages of formal comments and a contested case hearing petition on the first draft of the new MS4 General Permit. In response,the MPCA decided to make sufficient changes to the draft permit that a new public notice was needed. The second draft of the new MS4 General Permit was issued this summer.. MCSC submitted another significant set of comments and a second contested case hearing petition. We are waiting for the MPCA's response. MCSC also submitted a substantial set of formal comments on the large TMDLs that may be such a burden for MS4 cities throughout Minnesota. More than four months later, we are still waiting for the MPCA's response. MCSC has also organized an effort to get stakeholder input from MS4 cities across the U.S. into the new federal stormwater rulemaking process. We currently have 51 people from 20 states involved in this initiative. Some of MCSC°s other recent accomplishments and services are: O Periodic E-mail distributions on subjects of immediate concern and interest to MS4 cities, such as the MS4 auditing program and stormwater pond dredging 145 UNIVERSITY AVE. NEST PHONE:(651)281-1200 FAx (651) 281-1299 ST. PAUL. MN 55103-2044 TOLL FREE:(800)925-1122 wFs:'WWW.LMC.oRc Membership in the Minnesota Cities Stormwater Coalition(MCSC) November 7, 2012 Page 2 • Advocacy and information to members on grants under the Legacy Amendment, 319, BWSR, DNTR,MPCA, PEA, Great Lakes Restoration Initiative, and other funding programs • Representation and advocacy of MS4 cities' concerns and interests at the State level including: o Antidegradation rulemaking o Development of Minimum Impact Design Standards (MIDS) o Protocols for stakeholder participation in TMDLs o Supporting funding for urban stormwater research with the MIST Clean Water Council o Meetings and access to high-level MPCA regulatory staff o Lake Pepin TMDL MS4 Stakeholder Advisory Group o Participation in MNT Stormwater Steering Committee With the MPCA currently in the final stages of updating the MS4 permit, the year ahead poses especially significant challenges.The draft permit, as originally released, would add new requirements and have substantial financial implications for regulated cities such as yours. In our formal comments,we pointed out numerous places in which the permit exceeds statutory authority and filed two requests for a contested case hearing. Should our participation in this administrative review process fail to achieve necessary changes, we are prepared to seriously consider litigation. However,to torovide this proactive service and protect vour city we need the membership and active artici ation of all affected cities, including yours. For the upcoming year, we will continue to communicate with MPCA and work closely with the MCSC members as the new MS4 Permit is finalized& implemented, municipal stormwater programs are audited, and new TMDLs across the state are completed. As a MCSC member you will receive: o Guidance in how to comply with the new MS4 permit requirements and write a Stormtivater Pollution Prevention Program(SWPPP) o Advice on how to prepare for an MS4 audit o Information on grant and other funding opportunities o Guidance on participation in TMDL development and compliance o Representation in the shaping of pending regulations at the state and federal level o ...and much more. The dues schedule,Along with a list of the current members,is enclosed. flour participation is vitally important to keep this work moving forward and we're looking forward to working with you. Please contact us directly for more information. If you would life to be invoiced for a membership,please send an e-mail to kfiazell.c llnc.org. Thank you, Jim Hafner, MSCS Chair Kevin Frazell Stormwater Manager, City of Blaine LMC Director of Member Services 763-785-6188 651-281-1215 jhafner a.ci.blaine.mn.us kfrazellra;lmc.org MCSC Member Cites September 2012 Albert Lee Falcon Heights New Hope Alexandria Faribault New Ulm Andover Farmington North Mankato Anoka Fergus Falls Oakdale App€e Valley Forest Lake Owatonna Arden Hills Fridley Plymouth Blaine Golden Valley Prior Lake Bloomington Ham Lake Red Wing Brainerd Hastings Redwood Falls Brooklyn Center Hermantown Richfield Brooklyn Park Hibbing Rochester Buffalo Hutchinson Roseville Burnsville independence Sartell Cambridge Inver Grove Heights Savage Centerville La Crescent Shoreview Champlin Lakeville South St. Paul Chanhassen Lauderdale St. Cloud Chaska Lilydale St. Louis Park Columbia Heights Lino Lakes St. Paul Coon Rapids Loretto St. Peter Cottage Grove Mahtomedi Stillwater Crystal Mankato Tonka Bay Deephaven Maple Grove Victoria Detroit Lakes Maplewood Waite Park Duluth Medina Waseca Eagan Mendota Heights Wayzata East Grand Forks Minneapolis West St. Paul Eden Prairie Minnetonka White Bear Lake Elk River Monticello White Bear Township Empire Township Moorhead Willmar Excelsior Mounds View Winona Fairmont New Brighton Woodbury Annual Fee Rate Schedule Population Range I Old Annual Fee New Annual Fee 0-3,000 $375 $410 3,001-6,000 $470 $515 6,001- 10,000 $565 $620 E 10,001 -20,000 $690 $760 1 i 20,001-30,000 $875 $965 30,001-50,000 $1,125 $1,240 50,001 - 100,000 E $1,625 $1,790 E St. Paul $4,500 $4,950 Minneapolis $5,500 $6,050 I T H ' CITY 01 MAYOR.AND COUNCIL COMMI}NICATION DATE: December 4, 202 CONSENT ITEM#: #1 MOTION AGENDA ITEM: FTE Parks Maintenance Operator SUBMITTED BY: Michael Bouthilet THROUGH: Dean Zuleger REVIEWED BY: Cathy Bendel SUMMARY AND ACTION REQUESTED: In an effort to place more emphasis on park maintenance and improvements, the Public Works Department is requesting adding a full time employee with an emphasis on park duties. BACKGROUND INFORMATION: It has been recognized the Public Works Department has a broad and expansive work load. It is believed that an additional employee in the department, with a primary mission to upgrade the parks, would be a valuable asset. STAFF REPORT: The staff reviewed 85 applicants. After an initial review, 13 applicants were brought into the Public Works facility for a preliminary interview. This consisted of a more detailed questionnaire and quiz to clarify their experience in parks, equipment operation, and overall public works txaining and experience. 5 applicants from the pre-interviews were then interviewed in a more formal environment by the staff at City Hall. Unanimously the staff believed Mike Bodlovick was the best applicant for the position. He currently works for the City of Lakeland and has experience in park maintenance and all other aspects of public works operations. In addition.lie currently has his water supply operator license,commercial drivers' license, and is an experienced snow plow operator. RECOMMENDATION: To hire Mike Bodlovick as a F'TE Parks Maintenance Operator at a rate of $18 per hour (base). FFI� CITY OF ]EKE EL MO WYCR & COUNCLL COMAIIVNICATON DATE: December 4,, 2012 CONSENT ITEM#: 12- S MOTION AGENDA ITEM: 2013 Animal Humane Society Impound Contract SUBMITTED BY: Dean Zuleger, City Administrator THROUGH: Mayor Dean Johnston REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: Approve a contract for impounding and care of stray dogs and domesticated cats at the Woodbury Animal Humane Society. BACKGROUND INFORMATION: The City of Lake Elmo has agreements in place with the Animal Humane Society (Woodbury) to house stray animals per the State of MN Statutes. This arrangement also includes certain criteria for holding, euthanasia, animal recovery and rabies protocol. STAFF REPORT: With respect to animal control, the City of Lake Elmo staff has worked closely with the Animal Humane Society to create and integrated and human treatment of stray animals —including the feed and car of strays. The Animal Humane Society has drafted an agreement that has incorporated some cost recovery in the system (upon request) and clearly delineated the responsibility of each party in a manner that reduces costs and results in a better treatment of the animal. The agreement is for one year only as the City of Lake Elmo is expected to modify its Animal Ordinances to make the collection and impound of animals a revenue neutral program, RECOMMENDATION: Based on the aforementioned information,the City Staff recommends the following action: Approval of the One —Year Letter of Understanding Between the Animal Humane Society and the City of Lake Elmo for Impound Housing Services. ATTACHMENTS: LOU for Impound Housing Services with the Animal Hurnaric Society SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator --page 1 -- City Council Meeting [Consent Agenda Item 11] December 4,2012 r - 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 i r E b' ffi N i i S: r I: E 4 z a N } a 9 rL 4 p�p f 1. g a' a i t Y S I 7 t i _ 1 _ --page 2 -- anirnaL humane society November 20, 2012 City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Dear City Administrator, The Animal Humane Society (AHS) would like to start renewing our signed impound contracts annually, By making it a more streamlined and predictable process, we feel that we can better serve you, our customer. Here is your municipal impound contract with Animal Humane Society (AHS)for 2013. Nothing has changed from the last contract except for the date. Please have the municipality's authority sign both copies and return them to me. I will have the AHS president/CEO sign them and then return one to you. If you have questions, please feel free to call or email me at (651) 788-4675 or smcdonald@animalhumanesocie!y.org. Thank you and I hope you are having a safe and happy holiday season! Sincerely, Stacy McDonald Site Manager-Woodbury location Anima! Humane Society DuiUo * Coors Rapids C o'tden Vplley St. Paul Woodbury Tele hone. 1/62 1522 43�5 vvwv�.anirr�athu;r��cs�cieYy.o+c� 4*- 1.- anirna,L humane society Animal Humane Society and City of Lake Elmo, N Letter of Understanding for Impound Housing Services 2013 1. The Animal Humane Society(AHS) agrees to provide the following services: a. Housing for stray or abandoned animals that are retrieved or legally seized by your municipality's community service officer(CSO)or animal control officer(ACO),or for stray animals that are brought into the shelter by a citizen and verbal permission is given by your agency via phone for intake. Housing includes kennel space, daily cleaning, food and water. b. Medical care in the form of vaccination following our standard vaccination protocols,as well as treatments for sick or injured animals impounded during regular business hours. c. Euthanasia services as deemed necessary by an AHS veterinarian. These services may be provided at the end of the legally required holding period or in the case of a medical situation that requires immediate euthanasia. d. Adoption services as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. e. Euthanasia services and body disposal as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. f. Provide animal rabies quarantine or diagnostic service for stray felines or canines that have bitten a person. g. Hold animal for the legally required stray holding period: 5 days in MN, 7 Days in WI or until reclaimed by owner within this holding period. h. Charge a reclaim fee of$25 on behalf of the City of Lake Elmo, which will then be credited to the quarterly invoice. Invoices ending in a balance credit will be paid out at the end of each billing cycle rather than rolling over into the next quarter. 2. AHS expectations: a. The AHS is not responsible for sick or injured animals that are left after hours. Outside treatment must be sought for these animals by the animal control officer or community service officer prior to leaving the animals at the AHS facility when veterinary staff' members are not on duty. b. AHS has the sole authority to disposition all animals that have not been reclaimed upon. the expiration of the legally designated holding period. c. AHS will not accept feral cats seized under municipal authority by your municipality's CSO or ACO. 3. The City,of Lake Elmo agrees to: Buffalo Coon Rapids ;.. Golden Valley St.Paut Woodbury Telephone 763 522 4325 � wvvw.an i malliumariesociety.org a. Adhere to the drop off procedure set forth by the AHS including animal housing at the shelter.and paperwork. Drop off procedures and paperwork training for community service or animal control officers will be provided. b. Adhere to state laws and local ordinances that apply to the handling of stray or abandoned animals and the seizure and return of animals to their owners. c. Direct citizens where to take stray animals when not receiving permission for . impoundment at the AHS. d. Seek care for injured or sick animals prior to drop off in the event that it is after hours and/or AHS veterinary staff is not on duty. e. Pay the designated fees for each animal cared for from your municipality. AHS will charge a standard stray holding fee of$130 per canine or feline and a$40 fee per "other"domestic animals(rabbits, guinea pigs,birds etc.)not reclaimed by its owner. AHS will charge a $10 administrative/processing fee to the municipality for each animal reclaimed by its owner in place of the stray holding fee. In these instances AHS will charge the owner reclaim fees. Fees for animals seized by the municipality(such as rabies quarantine)may vary due to the differing nature of their holding periods and services required. f. Adhere to building access rules and ensure that the service access door is closed and locked after use in an after hours drop off. g. Ensure that the municipality's CSO/ACO uses his/her discretion in the field as to whether or not to impound an animal. AHS is not responsible for those decisions. h. Be available to members of your community to resolve their concerns related to the actions of your ACO/CSO officers and your municipality's procedures,policies and requirements. i. Release AHS from all liability of claims resulting from or related to providing impound housing services. The Qr 9LLake Elmo accepts responsibility for the CSO/ACO while in the course of impounding animals at AHS. 4. Administration a. AHS will bill the municipality at the end of each quarter on a fiscal calendar year. Billing will be mailed in the first month following the end of the quarter. Payment is expected within 30 days of receipt of billing. b. AHS will assign a contact person who should be contacted in the event of any problems, concerns or to receive feedback regarding the program. c. Any billing disputes must be raised within 1.0 clays of receipt of billing. This agreement is based on a one year commitment, which is renewed annually from the date your administrator signs the agreement below. This agreement can be ended at anytime by either party with a 30 day notice. This agreement is entered into on the day of 2012 by Janelle Dixon,President& CEO Signed on behalf of Municipal Authority Animal Humane Society Printed Name and Title 2 AE x MAYOR AND COUNCIL COMMUNICATION DATE: 12/4/2012 CONSENT 11TM #: 13 MOTION AGENDA ITEM: RESOLUTION 2012-63 ADOPTING WASHINGTON COUNTY ALL- HAZARD MITIGATION PLAN SUBMITTED BY: Chief Greg Malmquist THROUGH: City Clerk Adam Bell SUMMARY AND ACTION REQUESTED: City Council is being asked to adopt, by resolution, the Washington County all-Hazard Mitigation Plan. STAFF REPORT: This plan is updated periodically by the County with cooperation from local jurisdictions. It is then reviewed and approved by State HSEM (Homeland Security and Emergency Management) and FEMA (Federal. Emergency Management Agency). Upon completion, local jurisdictions, will adopt and operate under the County plan. The plan addresses items such as Community Profile, Risk/Vulnerability Assessment, Hazard Analysis, Goals/Objectives/Strategies, Current/Complete Mitigation Projects, etc. It looks at how these hazards would impact the community during events such as flooding, tornadoes, windstorms, thunderstorms, blizzards, hazardous spills, water contamination as well as others. It also identifies risks and hazards that could be mitigated and what the communities are doing to address these. RECOMMENDATION: Staff recommends the City Council adopt Resolution 2012-63 RESOLUTION OF THE CITY OF LAKE ELMO ADOPTION OF THE WASHINGTON COUNTY ALL-HAZARD MITIGATION PLAT WHEREAS,the City of Lake Elmo has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000, and WHEREAS,the Act establishes a framework for the development of a multi- jurisdictional County Hazard Mitigation Plan; and WHEREAS,the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the Washington County Plan includes a risk assessment including past hazards,hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the Washington County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects; and WHEREAS,the Washington County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Washington County will maintain public participation and coordination; and WHEREAS,the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and WHEREAS,the Washington County All-Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and WHEREAS,this is a multi jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan. NOW THEREFORE BE IT RESOLVED that the City of Lake Elmo supports the hazard mitigation planning effort and wishes to adopt the Washington County All-Hazard Mitigation Plan. This Resolution was declared duly passed and adopted on the fourth day of December, 2012. Dean Johnston, Mayor Attest: Adam R. Bell,City Clerk ......................... THE CITY OF I LIE LKE ELMO `CLJNCIl f"NOMMUNICATiON MA YOR & Cl�' DATE: December 4, 2012 CONSENT ITEM#- 14 MOTION AGENDA ITEM: 2013-2104 Washington County Septic Agreement SUBMITTED BY: Dean Zuleger,City Administrator THROUGH: Mayor Dean Johnston REVIEWED BY: Dean ZulcueT, City Administrator SUMMARY AND ACTION REQUESTED: Approve a contract with Washington Comity for the Inspection of Private Septic Systems for FY 2013-2014. BACKGROUND INFORMATION: To better serve its taxpayer and reduce costs, the City of Lake Elmo has contracted with Washington County for septic system inspections. This agreement allows for one-stop permit approval process for the taxpayer installing/ modifying a private septic service. STAFF REPORT: The City Administrator has evaluated this contract based on service delivery, cost to the City and cost to the taxpayer. The agreement reduces time and material to the City by an average of$25,000-$27,000 per year and places the certification. process in the hands of the technical experts of Washington County. Experientially, the lines of communication and troubleshooting efforts between the City of Lake Elmo and Washington County are very good and result in efficient turnaround service for our taxpayers. RECOMMENDATION: Based on the aforementioned information, the City Staff recommends the following action: Approval of the Two-Year Letter of Understanding Between the City of Lake Elmo and Washington County for Private Septic System Inspections. ATTACHMENTS: Washington County Septic Inspection Agreement SUGGESTED ORDER OF BUSINESS., - Introduction of Item..............................................................City Administrator - Report/Presentation................................................City Administrator - Questions from Council to Staff............................................. Mayor Facilitates --page 1 -- City Council Meeting [Consent Agenda Item 131 . December 4,2012 r t 'e { - Public Input, if Appropriate....................................................Mayor Facilitates I Call for Motion - ................................................................Mayor& City Council E - Discussion.......................................... Mayor& City Council J - Action on Motion.................................................................... Mayor Facilitates x i s k E L { ll ! V E 4. i u t C C E' d. yy g 6 5 P f t f. rF f r� F' --page 2-- Agreement for Subsurface Sewage Treatment System Inspection Services This agreement is made and entered into, by and between the County of Washington (hereinafter referred to as the County) and the City of Lake Elmo (hereinafter referred to as the City). 1. WITNESSETH WHEREAS,the City wishes to contract with the County to perform subsurface sewage treatment system (SSTS) inspection services within the City's boundaries; and WHEREAS,the City adopted an Subsurface Sewage Treatment System Regulations Ordinance, hereinafter SSTSRO, regulating subsurface sewage treatment systems which is consistent with or more restrictive than the County's Subsurface Sewage Treatment System Regulations Ordinance #179(Washington County Development Code Chapter 4),which.applies to all areas of the City;and WHEREAS,the County agrees to provide subsurface sewage treatment system inspection services under the terms and conditions hereinafter set forth; and WHEREAS, this contract is authorized under Section 471.59 of the Minnesota Statutes. NOW THEREFORE, it is mutually agreed between the County and City as follows: 11. SCOPE OF SERVICES County's Responsibilities 1. The County agrees to provide, through its Department of Public Health and Environment, subsurface sewage treatment system inspection services for the City. The County shall provide a Qualified Employee(s),as described in Minn.Rule 7083.10 10 and 7083.0020 subp 17. 2. The standards of performance, method of providing subsurface sewage treatment system inspection services, and other matters incident to the performance of services under this .Agreement, including personnel to be employed, shall be determined by the County. The City shall be notified in advance of any proposed changes in standards of performance or methods of providing services. 3. The County shall provide the necessary SSTS application review and sewage system plan approval as required by laws,regulations and ordinances,provide all job site inspections of projects under permit, and conduct special inspections as deemed necessary to ensure compliance with the SSTSRO. Services shall include clerical support incidental to the performance of this agreement. 4. The County shall provide and issue all sewage permits as required by the SSTSRO,existing laws or regulations and shall maintain records of all such permits. If the City requests a copy of a granted permit,the County shall.provide a copy to the City within 5 (five)working days. 5. The County shall send a copy of the County's issuance of a certificate of compliance of the sewage system's completion to the City within 10(ten)working days of the County granting the certificate. 6. In the event of a violation or threatened violation of the SSTSRO or sewage permit the County may pursue the administrative issuance of stop work orders on the installation of the septic system, and/or issue corrective orders, and/or issue notices of non-compliance. 7. The County shall advise the City if a misdemeanor citation is warranted for any violation of a sewage permit or SSTSRO. 8. The County may request appropriate actions or proceedings be brought by the City, to prevent, restrain, correct or abate violations or threatened violations of a sewage permit or SSTSRO. 9. The County will cooperate with the City's officials and/or employees in fulfilling its obligations under this Agreement. City's Responsibilities: I. In areas not served by municipal sewer,the City shall not issue a building permit for new dwelling construction and/or for the addition of bedrooms until the County has issued a sewage permit for the new construction and/or addition of bedrooms. 2. The City shall act on all applications for special permits and SSTSRO variance requests. 3. Upon request from the County the City shall issue a stop work order on prof ects commencing construction prior to the issuance of a sewage permit. 4. T'ne City is responsible for commencing appropriate actions or proceedings to prevent, restrain,correct or abate violations or threatened violations of a sewage permit or SSTSRO and shall represent the County during appeals of the administrative remedies issued by the County. 5. The City may issue misdemeanor citations for violations of the SSTSRO or sewage permit. 6. The City shall.not issue a certificate of occupancy for new construction or the addition of bedrooms prior to receipt of the County's certificate of compliance. 7. The City, and its agents and employees, will cooperate and assist the County in the performance of this Agreement. 8. In the event of County SSTS Ordinance revision, the City may adopt a revised SETS Ordinance which is consistent with or more restrictive than. the County's revised SSTS Ordinance no more than 12 (twelve) months after the County revised SSTS Ordinance has been adopted. III. SCHEDULE OF FEES AND CHARGES l.. The County shall establish the schedule of fees for its subsurface sewage treatment system inspection services. The septic permit application and installation fees shall be in accordance with the fee schedule adopted annually by the Washington County Board of Commissioners. The County shall collect,receipt for,disburse,and maintain records for all fees and charges collected incident to the administration of subsurface sewage treatment system inspection and permit services contained herein. 2. Fees and charges shall be due and payable by the applicant upon issuance of the permit and will be collected by the County from the applicant for said permit. 3. The City agrees that in payment for the subsurface sewage treatment system inspection and permit services provided by the County that the County shall retain, out of the fees and charges collected incident to this service, an amount equal to one hundred percent (100%) of all SSTS permit fees. 4. The City shall not assume any liability for the direct payment of any salary,wage, or other compensation to any County employee performing subsurface sewage treatment system inspection services pursuant to this agreement. IV. GENERAL TERMS AND CONDITIONS Data Privacy 1. All data collected, created, received, maintained or disseminated for any purposes by the activities of the County because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal Regulations on data privacy,including but not limited to,the I-lealth Insurance Portability and Accountability Act (I IPPAA) where it applies. The City and County agree to abide by these statutes,rules and regulations and as they may be amended. Indemnity Clause 2. The City agrees that it will indemnify and hold harmless the County, its officers and employees,against any and all liability,loss,costs,damages and expenses which the County, its officers or employees may hereafter sustain,incur,or be required to pay arising out of the City's negligent performance or failure to adequately perform its obligations pursuant to this Agreement. The County agrees that it will indemnify and hold harmless the City, its officers and employees,against any and all liability,loss,costs,damages and expenses which the City,its officers or employees may hereafter sustain, incur, or be required to pay arising out of the County's negligent performance or failure to adequately perform its obligations pursuant to this Agreement. Insurance 3. The City further agrees that in order to protect itself, as well as the County,under the indemnifications provisions set forth above that it shal.I at all times during the terms of this Agreement,provide maximum tort liability limits as set forth in Minnesota Statute, Sections 3.736 and 466.04. This provision shall be set as a condition subsequent; failure to abide by this provision shall be deemed a substantial breach of contract. The County further agrees that in order to protect itself, as well as the City, under the indemnifications provisions set forth above that it shall at all times during the terms of this Agreement,provide maximum tort liability limits as set forth in Minnesota Statute, Section 466.04. This provision shall be set as a condition subsequent; failure to abide by this provision shall be deemed.a substantial breach.of contract. Records—Availability and Retention 4. Pursuant to Minnesota Statute 16C.05,Subd 5.,the County/City agrees that the County/City, the State Auditor,or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary,shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents,papers, records, etc. which are pertinent to the accounting practices and procedures of the County/City and involve transactions relating to this agreement. The County/City agrees to maintain these records for a period of six years from the date of termination.of this Agreement and make available as requested. Nondiscrimination 5. The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein,and shall be part of any Agreement entered.into by the parties with.any contractor,subcontractor, or material suppliers. Merger and Modification 6. It is understood and agreed that the entire Agreement between the parties is contained here and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. 4 Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment and signed by the parties. Severability 7. Every section; provision or part of this Agreement is declared severable from every other section, provision or part thereof to the extent that if any sections,provision or part.of this Agreement shall be held invalid by a court of competent_jurisdiction, it shall not invalidate any other section, provision or part thereof. V. TERM AND EFFECTIVE DATE 1. The effective date of this agreement shall be January 1,2013,notwithstanding the date of the signatures below. 2. This agreement shall run until December 31, 2014, at which time it will automatically terminate unless it is renewed by official action of both the City and the County prior to the termination date. Notice of either the City's intent or the County's intent not to renew the agreement should be given to the other party ninety(90)days in advance of the December 31, 2014,termination date. IN WITNESS WHEREOF, the City has caused this agreement to be signed by its Mayor and attested to by its Clerk, and the County of Washington, by order of its Board of County Commissioners, has caused this Agreement to be signed by its Board Chair and attested to by its County Administrator. City of Lake Elmo,Minnesota Washington County, Minnesota By: By: Mayor Chair, Board of Commissioners Date: Date: By: By: City Clerk County Administrator Approved as to Foam: Assistant Washington County Attorney 6 THE"CITYOF I A U-11KE ELIM0 MA "1-'r)R.& COUNCI� -"'OUMUMCAT�0N DATE: December 4, 2012 REGULAR ITEM#- 17 MOTION AGENDA ITEM: Library Board Expansion SUBMITTED BY: Dean Zuleger, City Administrator THROUGH: Mayor Dean A. Johnston REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: The City Council is asked to entertain a discussion and possible action of appointing two more regular members and one alternate to the City of Lake Elmo Library Board. BACKGROUND INFORMATION: The Lake Elmo Library Board has recently completed a Planning Retreat, and has put forth a set of goals and objectives that will make up its Plan of Work. Within this plan of work is an expansion of the Library Board from (5) to (7) members and (2) alternates to share the workload and to create a formal committee structure. (5) Committees will be established: facilities, Collection, Personnel, Finance and Outreach —with a Board Member chairing each committee. STAFF REPORT: As part of the Library Board Nominating Committee process, Ms. Marjorie Williams and Ms. Renee Murray were recommended for appointment to the regular Library Board and Ms. Anne Bucheck was recommended as an Alternate, if the Board chose to amend its By-Laws and expand to a (7) member Board. This Board make-up is consistent with the currently practice of the Planning Commission and the Parks Commission. On November 28'h, the Lake Elmo City Library Board modified their By-Laws to expand to (7) regular Board Members and (2) alternates. RECOMMENDATION: Based upon the background information presented, the Nominating Committee recommends and the Mayor affirms through his appointment powers that the City of Lake Elmo City Council: Appoint Marjorie Williams to a regular 2 Year-Appointment to the Lake Elmo Library Board and Xppoint Renee Murray to a regular 1-Year Appointment to the Lake Elmo Library Board. Further, to appoint Anne Bucheck to a Three-Year Term as an Alternate to the Library Board. --page F City Council Meeting [Regular Agenda Item#1 S] E November 306,2012 SUGGESTED ORDER OF BUSINESS: 5 - Introduction of Item..............................................................City Administrator Report/Presentation................................................City Administrator - Questions from Council to Staff.............................................Mayor Facilitates - Public Input, if Appropriate.................................................... Mayor Facilitates r k: ry - Call for Motion...............................................................Mayor& City Council 1 - Discussion.......................................................................Mayor&City Council Action on Motion....................... ....Mayor Facilitates i i s R � S p up E 7! fi [kr j t q R: ys �: L i s a' 's k � C k, � N i 4 { I. 4 FEt�: I --page 2-- r G UNION PACIFIC RAILROAD 101 N.Wacker Dr.Suite 1910 Wesiey J.Lujan Assistant Vice President-Public Affairs Chicago, ilinois 60606 P 312 777 2002 F 312 777 2020 November 27, 2012 " �eHonorable Susan St. Ores Mayor°qy of%ayrt294 N.Third-SBayport, MN RE: Train Horn Noise Gear Mayor St. Ores: Thank you for your follow up communication on November 7th.We are in receipt of your comments regarding recent horn blowing activity in the communities of Baytown Township,Oak Park Heights,Lake Elmo,and Oakdale. As you acknowledge in your communication,there are circumstances that require our train crews to still sound the horns under various situations that may impact public safety or the safety of our train operation.Recent events in our 23-state network have underscored the need for necessary horn blowing when the train crews feet that it is warranted. I want to reiterate that we continue to make our employees and their respective managers aware of your complaints,and we will endeavor to make sure our crews understand there is a quiet zone in effect throughout your communities. Please feel free to refer to the www.up.com website which can provide you and your colleagues specific information on quiet zones and horn rule requirements. As I stated in my prior communication on this topic,it is important to note that quiet zones are not absolute,and that their goal is to eliminate unnecessary versus necessary horn blowing activities.I appreciate you making me aware of this important matter,and we will continue to monitor this situation. Regards, Ah cc: Mayor Beaudet,City of Oak Park Heights Mayor Sarrack,City of Oakdale -`Y Mayor Johnston,City of Lake Elmo ^" Board Chairman Grandiienard,Baytown Township Mr. Paul Hinton,Superintendent,Twin Cities Service Unit, UPRR (W1Lj8ayport2) www.up.com 15U�LD{NG AMERICfa