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Home My WebLink About12-15-15 CCMPIli CITY ui LAKE ELMO Oiirillissioll is to l'rovide 0/1,t/i 21/b/ic Serpi,v.,- ii iFicall/),' 1-(e,ipolls17; Alannerirtide .1)reserviT !be ()pen ,Space (77,1/10 NOTICE OF MEETING City Council Meeting Tuesday, December 15, 2015 7:00 P.M. City of Lake Elmo I 3800 Laverne Avenue North Agenda A. Call to Order/Pledge of Allegiance g. Approval of Agenda 4. Council Reports ,)).. Presentations/Public Comments/Inquiries I. Consent Agenda Approve Payment of:Disbursements Authorize Certification to the Washington County Auditor — Unpaid Water Utility Bills —Resolution 2015-86 .3/.• Accept November 2015 Financial Statements Approve 2016 Liquor License Renewals: Prom Management & Elmo Liquor 5. Accept November 2015 Assessor Report Accept November 2015 Building Department Report .7..--A-ppFo-ve_Driveway..E.a.ca1ment and...Maintenance-Agreement Approve Eagle Point Boulevard Street Improvements — Pay Request No. 4 -9( Approve CUP Amendment for Oakdale Gun Club w. Approve 3M Tolling Agreement iK Approve Office Administrative Assistant Hiring Approve Public Works Hirings Approve Reider Preliminary Plat Extension Approve Joint Powers Agreement for Use of East Metro Public Safety Training Facility .''''Regtifar Agenda ngle Fire Station . Northland Securities — Approve Proforma Services /Cost of Service Study for Water and Sanitary Sewer Utilities — Approve Authorization for TKDA )(I, Proposal to Reduce Water Rates '4v1, "ransfer Electrical Permit Inspecting to the State of MN /Approve 2016 Fee Schedule ,:-Deorease-in-L-etter-of-eredirPoiity- Boulder Ponds — Approve Reduction of Security Hunters Crossing — Approve Reduction of Security Wildflower of Lake Elmo — Approve Reduction of Security Hunters Crossing 2nd Addition — Approve Security Reduction #1 Ordinance Amendments to Article IX of the Zoning Ordinance — Rural Districts as it pertains to Permitted, onditional, and Interim Uses Village Mixed Use Zoning Discussion --Councit'Ethics';-Rtites--&-Responsibiliti (na-memo) Order of Agenda Items: Council Reports 2,8°. Discussion of Meeting Minutes Content '27/Draft Agreement for Library Services 2/Purchase of Public Works Truck G. Staff Reports and Announcements H. Adjourn TI CITY ON ▪ ELMO AYOR&COUCILCO CATIO DATE: December 15, 2015 CONSENT ITEM #1 MOTION AGENDA ITEM: Approve Disbursements in the amount of S261,159.85 SUBMITTED BY: Patty Baker, Accountant THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Cathy Bendel, Finance Director SUGGESTEI) ORDER OF BUSINESS: Introduction of Item ...... ........ ...... ........ ....... City Administrator Report/Presentation.......................................... ...... City Administrator Questions from Council to Staff ............„................ ..... .......„. Mayor Facilitates - Call for Motion ........ ....... ...... ..... ...... ..... .......... ..... Mayor & City Council - Discussion ......... . ........ ........ ....... Mayor & City Council - Action on Motion ........................ ...... ................... ...... ...... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: S261,159.85 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of S261,159.85. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA -- page 1 -- City Council Meeting [Consent Agenda Item 7,, December 15, 2015 BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct nonnal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # Amount Description ACH $ 15,248.40 Payroll Taxes to IRS & MN Dept of Revenue 12/10/15 ACH S 5,831.77 Payroll Retirement to PERA 12/10/15 DD6826-DD6873 $ 38,396.70 Payroll Dated (Direct Deposits) 12/10/15 43679-43683 S 9,958.32 Payroll Dated (Checks) 12/10/15 43684-43736 $ 191,724.66 Accounts Payable 12/15/15 TOTAL 261,159.85 RECONTIVIENDATION: Based on the aforementioned, the staff recommends the City Council approve as part of the Consent Agenda the aforementioned disbursements in the amount of $261,159.85. ATTACHMENTS: Accounts Payable — check registers -- page 2 -- Accounts Payable o Be Paid Proof List User: PattyB Printed: 12/07/2015 - 3:40 PM Batch: 002-12-2015 invoke # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # BAKERPAT Baker Patricia 2015-11 12/01/2015 101-410-1520-43150 Contract Services 2015-11 12101/2015 101-410-1320-43150 Contract Services 2015-11 12/01/2015 601-494-9400-43150 Contract Services 2015-11 12/01/2015 602-495-9450-43150 Contract Services 2015-11 12/01/2015 603-496-9500-43150 Contract Services 2015-11 Total: BAKERPAT Total: 625.00 0.00 12/15/2015 Contract hours - November No 0000 300.00 0.00 12/15/2015 Contract hours - November No 0000 1,250,00 0,00 12/15/2015 Contract hours - November No 0000 250.00 0.00 12/15/2015 Contract hours - November No 0000 375.00 0.00 12/15/2015 Contract hours - November No 0000 2,800,00 2,800.00 BAKERTAY Baker & Taylor 203139 11/22/2015 1,241,15 0.00 12/15/2015 Adult, teen and childrens hooks No 0000 206-450-5300-42500 Library Collection Maintenance 203139 Total: 1,241.15 203142 12/02/20 15 20.48 0.00 12/15/2015 Teen books No 0000 206-450-5300-42500 Library Collection Maintenance 203142 Total: 2048 BAKERTAY Total: 1,261.63 BOLTONME Bolton & Monk, Inc 0184236 11/13/2015 22,140.00 0.00 12/15/2015 Wildflower - No 0000 803-000-0000-22910 Developer Payments 0184236 Total: 22,140.00 0184237 11/13/2015 59.00 0.00 12/15/2(115 Arbor Glen - No 0000 803-000-0000-22910 Developer Payments 0184237 Total: 59.00 BOLTONME, Total: 22,199.00 AP - To Be Paid Proof List (12107/15 - 3:40 PM) Page 1 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # 13R.O Brodart Company 419052 12/09/2015 306.15 0.00 12/15/2015 Book Covers No 0000 206-450-5300-42500 Library Collection Maintenance 419052 Total: 306.15 BRO Total: 306.15 CARDNIENIB Cardmember Service 11202015 11/20/2015 70,39 0.00 12/15/2015 MB - gas No 0000 101-000-0000-11500 Accounts Receivable 11202015 11/20/2015 64,26 0.00 12/15/2015 Holiday No 0000 101-420-2220-44300 Miscellaneous 11202015 11/20/2015 1,085.64 0.00 12/15/2015 State Chief, delta bag fees No 0000 101-420-2220-44370 Conferences & Training 11202015 11/20/2015 85.39 0.00 12/15/2015 NSWFA No 0000 101-420-2220-44370 Conferences & Training 11202015 1 I/20/2015 204.22 0,00 12/15/2015 Computer mount - new ladder No 0000 410-480-8000-45500 Vehicles 11202015 11/20/2015 45.00 0.00 12/15/2015 Constant Contact Nu 0000 101-410-1450-43180 information Technology/Web 11202015 11/20/2015 1,002,40 0.00 12/15/2015 Hilton - VCOS No 0000 101-420-2220-44370 Conferences & Training 11202015 11/20/2015 50.00 0.00 12/15/2015 Software No 0000 101-430-3100-43180 Information Technology/Web 11202015 11/20/2015 14.06 0.00 12/15/2015 Tape measure No 0000 I 01-420-2400-44300 Miscellaneous 11202015 11/20/2015 133.25 0.00 12715/2015 Fuel No 0000 101-420-2400-42120 Fuel, Oil and Fluids 11202015 11/20/2015 46.98 0.00 12/15/2015 Ilard hat & vest No 0000 101-420-2400-44170 Uniforms 11202015 11/20/2015 52.83 0.00 12/15/2015 Library Chair No 0000 206-450-5300-44300 Miscellaneous 11202015 11/20/2015 17.12 0.00 12/15/2015 Cub Foods No 0000 206-450-5300-44300 Miscellaneous 11202015 11/20/2015 99.00 0.00 12/15/2015 Amazon Prime membership No 0000 206-450-5300-44330 Dues & Subscriptions 11202015 Total: 2,970.54 CARDMEMB Total: 2,970.54 CARQUEST Car Quest Auto Parts 2055-365484 11/30/2015 46.16 0.00 12/15/2015 Parts - repair 101-430-3125-44040 Repairs/Maint Eqpt 2055-365484 Total: 46.16 2055-365755 12/03/2015 122,67 0,00 12/15/2015 Parts 101-430-3120-42210 Equiprnent Parts AP - To Be Paid Proof List (12/07/15 - 3:40 PM) No No 0000 0000 Page 2 Invoice Inv Date Amount Quantity Prtit Date Description 2055-365755 Total: 2055-365857 12/04/7015 101-430-3100-42150 Shop Materials 2055-365857 Total: CARQUEST Total: 122.67 58.54 0.00 12/15/2015 Shop supplies 58.54 227.37 CENTPOW Century Power Equipment 675225 12/02/2015 845.74 0,00 12/15/2015 Tools 101-450-5200-42400 Small Tools & Mijior Equipment 675225 Total: 845.74 CENTPOW Total: 845.74 CENTURYL CenturyLink 11192015 11/19/2015 110,48 0.00 12/15/2015 Phone service 206-450-5300-43210 Telephone 11192015 11/19/2015 I 15.00 0.00 12/15/2015 Internet Service 206-450-5300-43250 Internet 11192015 Total: 225.4S CENTURYL Total: 225.48 COORDIN Coordinated Business Systems ARIN108546 11/20/2015 64.24 0.00 12/15/2015 Staples for copier 101-410-1910-42000 Office Supplies AR1N108546 Cotal: 64.24 ARIN108612 I 1/23/2015 62.00 0.00 12/15/2015 Staples for copier 101-410-1910-42000 Office Supplies ARIN108612 Total: 62.00 COORDIN Total: 126.24 Reference CTYBLOOM City of Bloomington Nov-15 11/30/2015 171.50 0.00 12/15/2015 Lab tcsts November 601-494-9400-42270 Utility System Maintenance Nov-15 Total: 171.50 CTYB LOOM Total: 171.50 CTYROSEV City of Roseville 220893 11/24/2015 2.951.42 0.00 12/15/2015 IT Services - December 101-410-1450-431SO Information Technology/Web 220893 Total: 2,951.42 220917 11/24/2015 107.64 0.00 12/15/2015 Phone - Admin 101-410-1320-43210 Telephone AP - To Be Paid Proof List (12/07/15 - 3:41) PM) Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 3 Invoice # Div Date ,Unount Quantity Pint Date Description Reference Task Type PO # Close POLine # 220917 11/24/2015 101-420-2400-43210 Telephone 220917 11/24/2015 101-410-1450-43210 Telephone 220917 11/24/2015 101-410-1930-43210 Telephone 220917 11/24/2015 101-410-1520-43210 'Telephone 220917 I 1/2412015 101-410-1910-43210 Telephone 220917 11/24/2015 101-430-3100-43210 Telephone 220917 Total: CTYROSEV Total: 17.00 0.00 12/15/2015 Building - No 0000 17.00 0.00 12/15/2015 Communications No 0000 17.00 0.00 12/15/2015 Engineeting No 0000 34.00 0.00 12/15/2015 Finance No 0000 47.15 0.00 12/15/2015 Planning No 0000 224.65 0,00 12/15/2015 PW No 0000 464.44 3,415.86 ELECTPLIM Electric Pump, Inc 0056737-in 11/20/2015 750,00 0.00 12/15/2015 Maintenance 602-495-9450-42270 Utility System Maint Supplies 0056737-in Total: 750.00 ELECTP UM Total; 750.01) EMERGRES Emergency Response Solutions 5206 11/25/2015 968.06 0.00 12/15/2015 Portable tights 101-420-2220-42400 Small Tools & Equipment 5206 Total: 968,06 EMERGRES Total: 968,06 No 0000 No 0000 Enright Enright Robert Bonus 11/23/2015 25.00 0.00 12/15/2015 PC 11/23/15 - Bonus No 0000 101-410-1450-43620 Cable Operations Bonus Total: 25.00 Cahlc 11/23/2015 55.00 0,00 12/15/2015 PC 11/23/15 No 0000 101-410-1450-43620 Cable Operations Cable Total: 55.00 El -might Total: 80.00 FASTENAL Fustenal Company MNOA.K 12054 I 1/17:2015 110,72 0,00 12/15/2015 Parts No 0000 101-430-3100-44040 Repairs/Maint Eqpt MNOAK12054 Total: 110,72 AP - To Bc Paid Proof List (12/07/15 - 3:40 PM) Page 4 Invoice # tiny Date FASTENAL Total: FOCUS Focus Engincc 2370-2374 1 101-420-2400-43030 2370-2374 101-430-3100-43030 2370-2374 1 101-410-1930-43030 2370-2374 1 101-410-1910-43030 2370-2374 101-430-3100-43030 2375 1 601-494-9400-43030 2375 603-496-9500-43030 2376 1 409-480-8000-43030 2377 1 001-494-9400-43030 2378 1 601-494-9400-43030 2379 1 409-480-8000-43030 2380 1 601-494-9400-43030 2381 601-494-9400-43030 2382 1 409-480-8000-43030 2383 1 409-480-8000-43030 ring. 1/26/2015 Engineering 1/26/2015 Engineering Services 1/26/2015 Engineering Services 1/26/2015 Engineering Services 1/26/2015 Engineering Services 2370-2374 Total: 1/26/2015 Engineering Services 1/26/2015 Engineering Services 2375 Total: 1/26/2015 Engineering Services 2376 Total: 1/26/2015 Engineering, Services 2377 Total: 1/26/2015 Engineering Services 2378 Total: 1/26/2015 Engineering Services 2379 Total: 1/26/2015 Engineering Services 2380 Total: 1/26/2015 Engineering. Services 2381 Total: 1/26/2015 Engineering Services 2382 Total: 1/26/2015 Engineering Services 2383 Total: AP - To Be Paid Proof List (12/07/15 - 3:40 PM) A mount 110.72 204.95 201.00 1,714.55 177.00 292.50 2,590.00 896.5(1 385.90 1,282.40 1 I 8.00 118.00 195.00 195.00 300.00 300.00 7,239,35 7,239.35 747.50 747.50 220.00 220.00 420.00 420.00 2,074.00 2,074.00 Pmt Date Description Reference Task Type PO # Close POLine # 0.00 12/15/21)15 Building 0.00 12/15/2015 PW 0.00 12/15/2015 General 0,00 12/15/2(115 Planning 0,00 12/15/2015 ROW 0.00 12/15/2015 Water 0.00 12/15/2(115 SW 0.00 12/15/2015 Transportation & Traffic 0.00 12/15/2015 Prod Well 4 0,00 12/15/2015 LE AVe Trunk Water 0.00 12/15/2015 LE Ave Corridor 0.00 12/15/2015 Inwood Booster 0.00 12/15/2015 Inwood Trunk Water -min 0.00 12/15/2015 39th Street 0.00 12/15/2015 Eagle Point Blvd No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 5 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO Close POLine it • 2384 11/26/2015 647.30 0.00 12(15/2015 CSAH 13 No 0000 409-480-8000-43030 Engineering Services 2384 Total: 647.30 2385 11/26/2015 424.90 0.00 12/15/2015 CSAH 15 Corridor No 0000 602-495-9450-43030 Engineering Services 2385 Total: 424.90 2386 11/26/2015 2,887,75 0.00 12/15/2015 2016 Street Improvement No 0000 409-480-8000-43030 Engineering Services 2386 Total: 2,887.75 2387 11/26/2015 1,554.55 (1,00 12/15/2015 Inwood Tower No 0000 601-494-9400-43030 Engineering Services 2387 Total: 1,554.55 2388 11/26/2015 1,506.30 0.00 12/15/2015 Village Eat Sewer No 0000 602-495-9450-43030 Engineering Services 2388 Total: 1,506,30 2389 11/26/2015 1,497.26 0.00 12/15/2015 Lennar 194 - No OM 0 803-000-0000-22910 Developer Payments 2389 Total: 1,497.26 2390 11/26/2015 2,021,13 0.00 12/15/2015 Boulder Ponds No 0000 803-000-0000-22910 Developer Payments 2390 Total: 2,021.13 2391 11/26/2015 678.50 0.00 12/15/2015 Hammes No 0000 803-000-0000-22910 Developer Payments 2391 Total: 678.50 2392 11/26/2015 163.75 0.00 12/15/2015 Hunter Crossing No 0000 803-000-0000-22910 Developer Payments 2392 Total: 163.75 2393 11/26/2015 4,108.40 0.00 12/15/2015 Wildflower No 0000 803-000-0000-22910 Developer Payments 2393 Total: 4,108,40 2394 11/26/2015 6,051.61 0.00 12/15/2015 Village Preserve No 0000 803-000-0000-22910 Developer Payments 2394 Total: 6,051.61 2395 11/26/2015 9,664.06 0.00 12/15/2015 Easton Village No 0000 803-000-0000-22910 Developer Payments 2395 Total: 9,664,06 2396 11/26/2015 435.80 0.00 12/15/2015 Kwik Trip No 0000 803-000-0000-22910 Developer Payments 2396 Total: 435.80 2397 11/26/2015 3,141,09 0.00 12/15/2015 Inwood No 0000 803-000-0000-22910 Developer Payments 2397 Total: 3.141„09 2398 11/26/2015 1,086.69 0.00 12/15/2015 Hunter - 2nd No 0000 803-000-0000-22910 Developer Payments 2398 Total: 1,086.69 AP - To Be Paid Proof List (12/07/15 - 3:40 PM) Page 6 ]nvolee Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine 2399 11/26/2015 6.709,45 0.00 12/1.512015 Savona 3 No 0000 803-000-0000-22910 Developer Payments 2399 Total: 6,709.45 2400 11/26/2015 829.00 0.00 12/15/2015 Auto Owners No 0000 803-000-0000-22910 Developer Payments 2400 Total: 829.00 2401 11/26/2015 59.00 (1,00 12/15/2015 1SD 916 No 0000 803-000-0000-22910 Developer Payments 2401 Total: 59,00 2402 11/26/2015 2,125.80 0.00 12/15/2015 Arbor Glen No 0000 8(13-000-0000-22910 Developer Payments 2402 Total: 2,125.80 2403 11/26/2015 147,50 0.00 12/15/2015 Hilton No 0000 803-000-0000-22910 Developer Payments 2403 Total: 147,50 FOCUS Total: 60,921.09 GKSERVIC G&K Services 1182393696 11/1 U2015 36.06 0,00 12/15/2015 Uniforms No 0000 101-430-3100-44170 Uniforms 1182393696 Total: 36.06 1182405180 11/18/2015 36.06 0.00 12/15/2015 Uniforms No 0000 101-430-3100-44170 Uniforms 1182405180 Total: 36.06 1182416604 11/25/2015 36.06 0,00 12/15/2015 Uniforms No 0000 101-430-3100-44170 Uniforms 1182416604 Total: 36.06 1182428131 12/02/2015 34.20 0.00 12/15/2015 Unifonus No 0000 101-430-3100-44170 Uniforms 1182428131 Total: 34.20 GKSERVIC Total: 142.38 1-1.ARAIR Harmon Air 4823 11/24/2015 235.00 0.00 12/15/2015 Maintenance 601-494-9400-42270 Utility System Maintenance 4823 Total: 235.00 IIARAIR Total: 235.00 ICMAA ICMA 112568 12/07/2015 101-410-1320-44300 Miscellaneous 112568 Total: 450.00 0.00 12/15/2015 Ad - City Administrator 450,00 AP - To Be Paid Proof List (12/07/15 - 3:40 PM) No 0000 No 0000 Page 7 invoice it Inv Date Amount Quantity Pint Date Description Reference Task Type PO 4 Close POLine' ICMAA Total: 450.00 *MO INNOVAT Innovative Office Solutions 1N0993665 11/25/2015 67.49 0.00 12/15/2015 Name badges No 0000 101-410-1320-42000 Office Supplies IN0993665 Total: 67.49 IN 1 000647 12/03/2015 195,29 0,00 12/15/2015 Supplies No 0000 101-410-1320-42000 Office Supplies IN1000647 12/03/2015 124.51 0.00 12/15/2015 Supplies No 0000 101-420-2400-42000 Office Supplies IN1000647 12/03/2015 177.51 0,00 12/15/2015 Supplies No 0000 101-410-1910-42000 Office Supplies 1N1000647 Toial: 497.31 INNOVAT Total: 564.80 JANIKING Jani-King of Minnesota, Inc M1N12150410 12/01/2015 326.65 0.00 12/15/2015 Cleaning services - December No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg MIN12150410 Total: 326.65 JANIKING Total: 326.65 LENNAR Lennar Family of Builders Escrow 12/01/2015 45,000.00 0.00 12/15/2015 Refund escrow - JuniperCourt No 0000 803-000-0000-22900 Deposits Payable Escrow Total: 45,000.00 LENNAR Total: 45,000.00 LEOIL Lake Elmo Oil, Inc. 11/30/2015 361.58 0.00 12/15/2015 Fuel No 0000 101-420-2220-42120 Fuel. Oil and Fluids Total: 361.58 LEOIL Total: 361.58 LOFF Loffler Companies, Inc. 2121252 12/01/2015 261,02 0.00 12/15/2015 Copy machine overage & base No 0000 101-410-1940-44040 Repairs/Maint Contractual Eqpt 2121252 Total: 261,02 LOFT Total: 261,02 AP - To Be Paid Proof List (12/07/15 - 3:40 PM) Page 8 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type l'O # Close POLine # MENAIWSO Menards - Oakdale 91747 11/19/2015 153.24 0.00 12/15/2015 Supplies No 0000 601-494-9400-42270 Utility System Maintenance 91747 Total: 153.24 91921 .11/21/2015 82,77 0.00 12/15/2015 Supplies No 0000 101-450-5200-42250 Landscaping Materials 91921 Total: 82,77 92074 11/23/2015 114,48 0.00 12/15/2015 Supplies No 0000 I 01-450-5200-42150 Shop Materials 92074 Totah 114,48 92177 11/25/2015 190.24 0.00 12/15/2015 Hockey rink boards No 0000 101-450-5200-44030 RepairstMaint Imp Not Bldgs 92177 Total: 190.24 92178 11/25/2015 41.97 0.00 12/15/2015 Supplies No 0000 101-430-3100-42150 Shop Materials 92178 Total: 41.97 92843 12/04/2015 13.94 0.00 12/15/2015 Station 1 repairs No 0000 101-420-2220-44010 Repairs/Maint Bldg 92843 12/04/2015 13.19 0.00 12/1512015 Vehicle tnain, No 0000 I 01-420-2220-44040 Repairs/Maint Eqpt 92843 Total: 27.13 M EN ARDSO Total: 609,83 M I LLEREX Miller Excavating, Inc, 20133 11/30/2015 440.00 0.00 12/15/2015 Grader No 0000 101-430-3120-43150 Contract Services 20133 Total: 440.00 M1LLEREX Total: 440.00 MINITEX Minitex 88821 10/14/2015 475,00 0,00 12/15/2015 Library Cards No 0000 206-450-5300-425(10 Library- Collection Maintenance 88821 Total: 475.00 M1N1TEX Total: 475.00 MORNING Morningstar 1 I/18/2015 1,908,00 0.00 12/15/2015 Database No 0000 206-000-0000-15500 Prepaid Items Total: 1,908,00 MORNING Total: 1.908,00 AP - To Be Paid Proof List (12/07/15 - 3:40 PM) Page 9 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # MSAPROF M SA Professional Services, Inc 6 11/11/2015 2,248.28 0.00 12/15/2015 Inwood Booster Station No 0000 601-494-9400-43030 Engineering Services 6 Total: 2,248.28 MSAPROF Total: 2,248.28 NCPERS 566200-NCPERS Minnesota 5662915 11/20/20 I 5 96.00 0.00 12/15/2015 December premiums No 0000 101-000-0000-21708 Other Benefits 56629 I 5 Total: 96,00 NCPERS Total: 96.00 NIEBUR Niebur Tractor & Equipment 01-50610 12/03/2015 294.97 0.00 12/15/2015 Tools No 0000 I 01-430-3100-42400 Small Tools & Minor Equipment 01-50610 12/03/2015 294.98 0.00 12/15/2015 Tools No 0000 101-450-5200-42400 Small Tools & Minor Equipment 01-50610 Total: 589.95 N1EBUR Total: 589.95 NORTHL Northland Trust Set -vices, Inc. LKELI2A 10/12/2015 495.00 0,00 12/15/20 I 5 Debt Service No 0000 601-494-9400-46200 Fiscal Agent Fees LKELI2A Total: 495,00 NORTHL Total: 495.00 ONECA EL Gopher State One Call 150867 11/30/2015 385,70 0.00 12/15/2015 Tickets No 0000 101-430-3100-43150 Contract Services 150867 Total: 385.70 ONECALL Total: 385.70 OVERDRIV Ove.rDrive, Inc 12/03/2015 5,000.00 0.00 12/15/2015 Ebooks Subscription No 0000 206-450-5300-42500 Library Collection Maintenance Total: 5,000.00 OVERDRIV Total: 5,000.00 AP - To Bc Paid Proof List (12/07/15 - 3:40 PM) Page 10 Invoice 4 Inv Date PENWORTH The Penworthy Company 0510003-1N 12/02/2015 206-450-5300-42500 Library Collection Maintenance 0510003-IN Total: PENWORTH Total: PINKY Pinky's Sewer Service, Inc. 74636 12/02/2015 206-450-5300-44010 Repoirs/Maint B1dg 74636 Total: PINKY Total: SACHSJIM James Sachs 12/03/2015 101-430-3100-44170 Uniforms Total: SACHSJ1M Total: SAMBATEK Sambatek, Inc 6633 11/25/2015 803-000-0000-229 I 0 Developer Payments 6633 Total: 6634 11/25/2015 S03-000-0000-22910 Developer Payments 6634 Total: SAMBATEK Total: Amount Quantity Pint Date Description Reference Task Type PO Close POLine ft 680.77 0.00 I 2/15/2015 Chi Wrens Easy readers No 0000 680.77 680.77 I 00,00 0.00 12/15/2015 Pumped two tanks No 0000 100.00 100.00 209.99 0.00 12/15/2015 Boots No 0000 209.99 209.99 39.10 0.00 12/15/2015 Legends No 0000 39.10 90.00 0.00 12/15/2015 Arbor Glen No 0000 90.00 129.10 SAMSCLUB Sam's Club 12/03/2015 20.58 0.00 12/15/2015 Station supplies No 0000 101-420-2220-44010 Repairs/klaint Bldg 12/03/2015 21.96 0.00 12/15/2015 Rehab supplies No 0000 101-420-2220-44300 Miscellaneous Total: 42.54 SAMSCLUB Total: 42,54 SCHLOMKA Schlomka Set -vice LLC 17958 11/24/2015 101-430-3100-44010 Repairs/Maint Bldg 17958 Total: AP - To Be Paid Proof List (12/07115 - 3:40 PM) 230.00 0.00 12/15/2015 Pump holding tanks 230.00 No 0000 Page 1 I IUVOI Inv Date Amount Quantity Pint Date Description Reference Type PO # Close POLine 11 SCI lLONIKA Total: 230.00 SPRINT Sprint 761950227-150 !I/18/2015 60.25 0.00 12/15/2015 Cell phone - Admin - No 0000 101-410-1940-43210 Telephone 761950227-150 11/18/2015 223.18 0.00 12/15/2015 Cell phone - Fire No 0000 I 01-420-2220-43210 Telephone 761950227-150 11/18/2015 43.99 0.00 12/15/2015 Cell phone - Bldg No 0000 101-420-2400-43210 Telephone 761950227-150 11/18/2015 85.50 0.00 12/15/2015 Cell phone - PW No 0000 101-430-3100-43210 Telephone 761950227-150 11/18/2015 119.70 0,00 12/15/2015 Cell phone - Parks No 0000 101-450-5200-43210 Telephone 761950227-150 11/18/2015 55,77 0.00 12/15/2015 Cell phone - Taxpayer No 0000 101-410-1450-43210 Telephone 761950227-150 11/18/2015 14.87 0.00 12/15/2015 Cell phone - Planning No 0000 10 1 -41(1-1910-43210 Telephone 761950227-150 Total: 603.26 SPRINT Total: 603.26 STLIBRAR Stillwater Public Library 12/01/2015 300.00 0.00 12/15/2015 Library card reimbursement - No 0000 206-450-5300-44300 Miscellaneous Total: 300.00 STUB RAR Total: 300.00 TEILANDM TEI Landmark Audio 11/20/2015 2,000.00 0.00 12/15/2015 New audio books purchase plan No 0000 206-000-0000-15500 Prepaid Items Total: 2,000.00 11836728 09/03/2015 164.52 0,00 12/15/2015 Used audio books No 0000 206-450-5300-42500 Library Collection Maintenance 11836728 Total: 164,52 TEILANDM Total: 2,164,52 TOWNCTRY Town & Country Cleaning Co 1215175 12/01/2015 370.00 0.00 12/15/2(115 December 2015 cleaning No 0000 206-450-5300-44010 Repairs/Maint Bldg 1215175 Total: 370.00 WI 115251 11/30/2015 275.00 0.00 12/15/2015 Window cleaning library No 0000 206-450-5300-44010 Repairs/Maint Bldg W1115251 Total: 275.00 AP - To Be Paid Proof List (12/07115 - 3:40 PM) Page 12 Invoke 111V Date !Amount Quantity Pint Dale Description Reference Task Type 1'0 # Close POLine # TOWNCTRY Total: 645,00 TRISTATE Tri State Bobcat, Inc. EI8190 11/20/2015 1,210,00 0.00 12/15/2015 Loader rental No 0000 404-480-8000-44030 Repairs/Nlaint Imp Not Bldgs E18190 Total: 1,210,00 TR[STATF Total: 1,210.00 TRKUTI Truck Utilities Inc, 291495 11/19/2015 101-430-3125-42210 Equipment Parts 291495 Total: TRKUTI Total: 41,08 0.00 12/15/2015 Parts 41,08 41,08 WASHL113 Washington County Libra!), 12/01/2015 1,023.00 206-450-5300-44300 Miscellaneous Total: 1,023.00 WASHLIB Total: 1,023.00 0.00 12/15/2015 Library card reimbursement No 0000 No 0000 WHEATON Wheaton Joseph 20151130 12/01/2015 2,206,65 0,00 12/15/2015 Electrical inspections - November No 0000 101-000-0000-20302 Electrical Permit Fees Payable 20151130 Total: 2,206.65 WHEATON Total: 2,206.65 Whiteani White Anita Bonus 12/01/2015 25.00 0.00 12/15/2015 CC 12/01/15 - Bonus No 0000 101-410-1450-43620 Cable Operations Bonus Total: 25.00 Cable 12/01/2015 55.00 0.00 12/15/2015 CC 12/01/15 No 0000 101-410-1450-43620 Cable Operations Cable Total: 55.00 Whiteani Total: 80.00 WIER Wier Darla I 2/07/2015 73.48 0.00 12/15/2015 Refund payment No 0000 603-000-0000-37100 Surface Water Utility Sales Total: 73.48 AP - To Be Paid Proof List (12/07/15 - 3:40 PM) Page 13 Invoice # Inv Date Antount Quantity Pint Date Description WIER Total: XCEL Xccl Energy 12/15/2015 101-430-3160-43810 Street Lighting 12/15/2015 101-420-2220-43810 Electric Ut 12/15/2015 101-410-1940-43810 Electric Utility 12/15/2015 101-430-3160-43810 Street Lighting 12/15/2015 101-450-5200-43810 Electric Utility 12/15/2015 101-450-5200-43810 Electric Utility 12/15/2015 101-450-5200-43810 Electric Utility 12/15/2015 101-430-3160-43810 Street Lighting 12/15/2015 101-450-5200-43810 Electric Utility 12/15/2015 602-495-9450-43810 Electric Utility 12/15/2015 602-495-9450-43810 Electric Utility 12/15/2015 101-420-2220-43810 Electric Utility 12/15/2015 101-450-5200-43810 Electric Utility 12/15/2015 101-430-3160-43810 Street Lighting 12/15/2015 101-450-5200-43810 Electric Utility 12/15/2015 101-450-5200-43810 Electric Utility 12/15/2015 101-430-3100-43810 Electric Utility 12/15/2015 601-494-9400-43810 Electric Utility 12/15/2015 101-430-3 160-438 10 Street Lighting 12/15/2015 206-450-5300-43810 Electric Utility AP - To Be Paid Proof List (12/07/15 - 3:40 PM) 73,48 27.84 0.00 423.71 0,00 266.32 0.00 29.18 0.00 13.5 l 0.00 37.02 0.00 26,60 0.00 38.91 0.00 103.58 0.00 19.22 0,00 17.78 0.00 294.39 0.00 255.54 0.00 26.98 0.00 14.24 0.00 30.65 0.00 781,05 0.00 108.76 0.00 12.23 0.00 474.51 0.00 12/15/2015 12/15/2015 12/15/2015 12/15/2015 12/15/2015 12/15/2015 12/15/2015 12/15/2015 12/15/2015 12/15/2015 12/15/2015 12/15/2015 12/15/2015 12/15/2015 12/15/2015 12/15/2015 12/15/2015 12/15/2015 12/15/2015 12/15/2015 Reference Task Type PO # Close POLine Utility services Utility services Utility services Utility services Utility services Utility services Utility services Utility services Utility services Utility services Utility services Utility services Utility services Utility services Utility services Utility set -vices Utility services Utility services Utility services Utility services No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 14 Invoice # lnv Date Amount Quantity Pint Date Description 12/15/2015 602-495-9450-43810 Electric Utility 12/15/2015 601-494-9400-43810 Electric Utility 12/15/2015 101-450-5200-43810 Electric Utility 12/15/2015 101-430-3160-43810 Street Lighting 12/15/2015 101-430-3160-43810 Street Lightinti. 12215/2015 601-494-9400-43810 Electric Utility Total: XCEL Total: Report Total: 201.81 0.00 12/15/2015 Utility services 123.641 0.00 12/15/2015 Utility services 1.3.22 0,00 12/15/2(115 Utility services 51.28 0.00 12/15/2015 Utility services 46,44 0,00 12/15/2015 Utility services 1,016.71 0.00 12/15/2015 Utility services 4,455.12 4,455,12 171,163.08 Reference Task Type P() # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (12/07/15 - 3:40 PM) Page 15 Accounts Payable To Be Paid Proof List User: PattyB Muted: 12/07/2015 - 3:52 PM Batch: 003-12-2015 Invoice # iZIV Date Amount Quantity Puit Date Description Reference Task Type PO tl Close POLine METCOU Metropolitan Council 1050155 12/02/2015 602-000-0000-15500 Prepaid Items 1050155 Total: METCOU Total. SW/WC SW/WC Service Cooperatives 11/24/2015 101-000-0000-15500 Prepaid hems Total: SW/WC Total: Report Total: AP - To Be Paid Proof List (12/07/15 - 3:52 PM) 1,289.58 0.00 12/15/2015 Waste water - January 2016 1,289.58 1,289.58 19,272.00 0.00 12/15/2015 January 2016 Premium 19,272,00 19,272.00 20,561.58 No 0000 No 0000 Page 1 TI IF CITY OF LAKE ELMO AYOR C.O.CJ CIL CO UNICATION DATE: December 15, 2015 CONSENT ITEM #2 MOTION AGENDA ITEM: Authorize Certification to Washington County Auditor for the Unpaid Water Utility Bills SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Patty Baker, Accountant SUGGESTED ORI)ER OF BUSINESS: Introduction of Item City Administrator Report/Presentation............„.._..........._ Administrator Questions from Council to Staff ..... ...... Mayor Facilitates Call for Motion Mayor & City Council Discussion ........ ....... ........ ....... ..... ..... Mayor & City Council Action on Motion ....... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: Up to $15,668.87 to be assessed to Washington County for collection via 2015 tax rolls. Amount to be reduced for any payments received on or before December 18, 2015. SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve the certification of the delinquent water bills to the Washington County Auditor. No specific motion is needed as this is recommended to be part of the Conson Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has authority by Minnesota State statute 444.075, subd.3 to assess property owners for unpaid water utilities and services. Affected homeowners with past due balances were sent notification of the proposed assessment. Property owners have until December 18, 2015 to pay the balance due without additional fees. The City operates the water, sewer and surface water under its Enterprise Funds. Enterprise funds account for specific City operations that are financed and operated similar to a private -- page 1 -- City Council Meeting [Consent Agenda Item December 15, 2015 business. Generally, the services are provided to identifiable beneficiaries, as well as the general public, and all or most of the costs come from user fees. The user fees collected are utilized to operate the Cities respective water, sewer and surface water systems. Assessing the property owners listed on Exhibit A (attached) for unpaid services will assure collection of charged fees. The deadline to certify unpaid water utility bills to Washington County is December 28, 2015. Any payments received before the cutoff of December 18, 2015 will be removed from this list and not reported to Washington County for assessment. RECOMMENDATION: It is recommended that the City Council authorize the certification of the unpaid delinquent water accounts to the Washington County Auditor. ATTACHMENTS: 1. Resolution 2015-86 2. Exhibit A -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2015-086 RESOLUTION AUTHORIZING CERTIFICATION TO THE WASHINGTON COUNTY AUDITOR FOR UNPAID WATER UTILITY BILLS WHEREAS, Minn. Stat. 444.075, subd. 3, pennits certification of unpaid charges to the county auditor for collection with taxes payable; WHEREAS, the Municipal Code for the City of Lake Elmo contains a provision to certify delinquent accounts to the County Auditor for the collection with taxes payable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, THAT: The list of delinquent accounts, a copy of which is attached hereto as Exhibit A, and made part hereof, is hereby accepted and shall be certified to the Washington County Auditor for collection with taxes payable. 2. The certified amount shall be payable over a period of one year, with interest as provided in Exhibit A. The owner of the property may, at any time prior to certification to the County Auditor, pay the delinquent amount to the City Finance Director. 4. The City Finance Director shall forthwith transmit a certified duplicate of Exhibit A to the County Auditor to be extended on the property tax lists of Washington County no later than December 28, 2015. Such delinquent accounts shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE 15th DAY OF DECEMBER, 2015. By: (Seal) Julie Johnson, City Clerk Resolution 2015-086 Mike Pearson Mayor City of Lake Elmo Potential Water Assessments 12/15/2015 Outstanding as of 12/11/15 EXHIBIT A Account Balance Fee 01-00000121-00-5 159.73 25.00 01-00000122-00-6 515.84 41.27 01-00000153-00-6 280.89 25.00 01-00000158-00-1 342.79 27.42 01-00000189-00-1 559.05 44.72 01-00000193-00-8 211.57 25.00 01-00000197-00-2 728.82 58.31 01-00000213-00-1 112.64 25.00 01-00000228-00-9 665.56 53.24 01-00000229-00-0 105.99 25.00 01-00000244-00-1 201.34 25.00 01-00000247-00-4 1,334.04 106.72 01-00000271-00-7 374.22 29.94 0 1-00000276-00-2 348.38 27.87 01-00000316-00-1 162.22 25.00 01-00000320-00-8 245.01 25.00 (01-00000322-00-0 203.71 25.00 01-00000340-00-4 163.80 25.00 01-00000430-00-8 123.82 25.00 01-00000521-00-3 423.78 33.90 01-00000524-00-6 53.00 25.00 (01-00000576-00-3 251.75 25.00 01-00000603-00-6 281.94 25.00 01-00000843-00-2 418.33 33.47 01-00000845-00-4 164.29 25.00 01-00000849-00-8 330.49 26.44 01-00000861-00-6 737.81 59.02 01-00000878-00-6 451.40 36.11 01-00000932-00-5 484.27 38.74 01-00000970-00-5 368.24 29.46 01-00001325-00-2 1,112.96 89.04 01-00001451-00-4 439.32 35.15 01-00003181-00-0 510.71 40.86 104-00000013-00-0 179.33 25.00 04-00000019-00-6 247.50 25.00 04-00000027-00-7 96.78 25.00 04-00000071-00-6 101.72 25.00 04-00000123-00-0 138.18 25.00 04-00000127-00-4 96.99 25.00 04-00000171-00-3 162.16 25.00 04-000001'75-00-7 249.18 25.00 04-00000213-00-4 386.05 30.88 04-00000215-00-6 152.50 25.00 14,678.10 1,442.56 Potential to be Assessed 184.73 557.11 305.89 370.21 603.77 236.57 787.13 137.64 718.80 130.99 226.34 1,440.76 404.16 376.25 187.22 270.01 228.71 188.80 148.82 457.68 78.00 276.75 306.94 451.80 189.29 356.93 796.83 487.51 523.01 397.70 1,202.00 474.47 551.57 204.33 272.50 121.78 126.72 163.18 121.99 187.16 274.18 416.93 177.50 P1D 13.029.21.32.0039 13.029.21.32.0040 14.029.21.41.0012 14.029.21.41.0016 13.029.21.43.0007 13.029.21.43.0010 13.029.21.32.0081 13.029.21.23.0027 14.029.21,44.0010 13.029.21.33.0022 14.029.21.41.0027 14.029.21.44.0020 05.029.21.44.0016 10.029.21.24.0008 24.029.21.12.0030 24.029.21.14.0009 24.029.21.14.0008 24.029.21.11.00 17 16.029.21.41.0031 15.029.21.32.0022 15.029.21.32.0013 15.029.21.31.0011 16.029.21.41.0012 12.029.21.42.001"/ 12.029.21.41.0019 12.029.21.42.0019 12.029.21.42.0031 12.029.21.43.0018 06,029.20.32.0044 06.029.20.32.0067 01.029.21.11.0017 02.029.21.14.0011 01,029,21.14.0004 15.029.21.34.0002 15.02921.33.0040 15.029.21.33.0012 22.029.21.22.0012 21.029.21.12.0009 21.029.21.12.0011 21.029.21.12.0001 21.029.21.12.0022 21.029.21.23.0006 21.029.21.23.0007 THE (;m' ( LAKE ELN/ 0 AYOR & COUNCIL CO UNICATION DATE: December 15, 2015 CONSENT ITEM #3 MOTION AGENDA ITEM: November 2015 Financial Reporting SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Finance Committee SUGGESTEI) ORDER OF BUSINESS: introduction ........... City Administrator IZeport/i)resentation ...... ..... ...... „ ....City Administrator Questions from Council. to ........ ...... ..... Mayor 'Facilitates Call for Motion .......... Mayor & City Council ................ ....... Mayor & City Council Action on ..... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: NA SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the November 2015 Financial Reporting Packet, 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 operations and report the financial (unaudited) statement to the City Council. City guidelines suggest the Council be updated on a regular basis. STAFF REPORT: Attached please find the comparative financial statements for the month of November 2015 reflecting the monthly and year to date detail, comparing the actual results to the 2015 Budget. -- page City Council Meeting [Consent Agenda Item #3J December 15, 2015 GENERAL FUND: Revenues: Total revenue for the month was 25.7°70 above budget for the month bringing the year to date total revenue to 4.1% above budget. The most significant budget to actual revenue variances are as follows: Building Permit revenue was 17.5% below budget for the month bringing the year to date to 21.9% below budget. in November there were 12 new home starts compared to the budgeted 11 new home starts per month. The year to date new home starts is at 125, of which 11 were open space new homes. The 2015 budget did not include any open space new homes. Expenses: Total expenses for the month were 3.0% above budget bringing the year to date expenses to 3.2% less than budget. All departments continue to manage to the bottom line. The following sununarizes variances of note: General: • General Government expenses were 11.0% greater than budget for the month bringing the year to date expenses to 6.1% greater than budget. This was primarily due to PTO payouts which were not planned for in the budget. • Total Public Safety expenses were 28.4% greater than budget for the month bringing the year to date expenses to 7.8% better than budget. This was primarily due to the building inspector truck purchase in November which was budgeted to happen earlier in the year. The truck was financed through a vehicle loan through Lake Elmo bank at a rate of 1.99% which is below the current bonding rate. • Public Works — The total Public Works expenses were 36.2% below budget for the month and 15.6% below budget year to date. This is primarily due to the mild winter we have had so far resulting in lower road maintenance costs than anticipated in the budget. In summary, year to date actual expenses continue to be less than budgeted and the net income through November is 38.8% better than budget. LIBRARY FUND: -- page 2 -- City Council Meeting [Consent Agenda Item #13] December 15, 2015 Revenues: Revenues on a year to date basis far exceeded budget as a result of recovering the delinquent rent from a prior tenant of $20.6k. The library will no longer be renting out space due to the continued collection expansion and the need for the space by the Library. Expenses: Expenses for the month of November were 5.3% below budget for the month. This was primarily due to expenditures running very close to budget during the month. On a year to date basis the actual expenses are 26.4% below budget. On a net income basis, the year to date results are 77% better than budget primarily due to the previously mentioned collection of delinquent rent mentioned in prior months. The ending November cash balance in the library fund is $178.7k. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the attached November Financial Report. ATTACHMENT: 1. November Financial Reports -- page 3 -- City of Lake Elmu 2015 Bv Moiilh Budet in Actual Comparative For the innitth ending November 30 2015 101-Gener4 Fund Summary 13v Derainment DEPT 410 - GEN'L GOV'T REVENUE Total Revenue 12)15/2015 Full Year MONTH YTD BUDGET BUDGET ACTUAL Variance (5) Variance(%) BUDGET ACTUAL Variance (51 VarifillCe (51) 2015 %TO date MQnIO Month Month Marini YTD YTD YTD YTD 3,798,334.00 63,40% 69,267.25 87,067.63 17,800.38 25.70% 2.112,594.25 2,408.023.72 95,429.47 4.13% EXPENSE Total Mayor & COLIIICil 40,955,00 76.02% 1.0110.00 682.58 317.42 31.74% 26,002.66 31,133.39 (5,130.73) -19.73"/,, Total Administration 407,316,110 114.60% 28,962,37 34,107.65 (5,145.28) -17.77% 375,998.63 466,786.07 (90,787.44) -24.1551 Total Elections 1,050.110 206.76% 0.00 ((.00 0.00 11.005.1. 1,025.01) 2,171.03 (1,146.03) -111.81% Total C01111111JOiCa dons 711,842,011 40.37% 4.787,77 240.1111 4,547.77 94.99% 64,078.23 28.600.52 35,477.71 55.3751 Total Finance 134,647.011 80.74% 7,858.23 6,953.93 904.30 11,51% 126,363.77 108,709.54 17,654.23 13.9751 Total Planning & Zoning 224,218,00 98.7154 16,575.62 25,612.40 (9.036.7)1) -54.52"/0 205,852.38 221,331.09 (15,478.71) -7.57.54 Total Engineering Services 54,800,110 68.7554 4,600.00 3,971,55 6211.45 13.66°A 50,200.00 17,675.95 12,524.05 24.9554 Total City Hall 50,235,00 110.99% 4.161.00 3,869.31 291.69 7.11154 46,124.00 55,755.63 (9,631.63) -211.8854 Tula' General Government 984.063.11)1 96.7654 67.944,99 75.437.42 (7.492.43) -11.03°/ 895.644.67 952,163,22_ (56.5)8.551 -6.31% DEPT 420 - PUBLIC SAFETY Total Police 517,799,00 50,9254 0.00 0,00 010 0.005' 1.58,899,50 263,645.09 (4,745.59) -1.83% Total Prosecution 50,1100.00 102.411% 4,100.00 4,512.50 (412.50) -10.06% 46,000.00 51,197.50 (5,197.50) -11.311% Total Fire 385,312.00 83.11154 27,497,47 28,742.99 (1,245.52) -4.53°/0 352.493.03 319,861.62 32,631,41 9,2654 Total Fire Relief 37.323.00 155,8454 0.00 0,00 0.00 0.00"/0 0.00 58,165.92 (58.165.92) -100.011% Iola' Building Inspections 323,558.110 57.9654 24.144.08 38,390.73 (14,246,65) -59.0154 299,073.92 187,534.30 111.539,62 37.305., Total Emergency Communications 7,000.011 53.50% 0.00 0.110 0,011 0.00% 5.250,00 3,745,00 1.505.00 28.6754 Total Animal Control 6.800.011 121.74% 570.00 650.1.10 (80,00) -14.04% 6.230.011 8.277.99 (2,047.99) -32,8751 1- mai Public Safeiy 1-327,792.00 67,2154 1 56,311.55 72,7.96,22 (15.9144.67) -28.39% 967,946.45 892.427,42 75,519.113 7,80% Summary 1 DI:PT 430 PUBLIC WORKS Total Public Works Total Streets Total Ice & Snow Removal Total Street Lighting, Total Recycling Total Trcc Program Total Public Works MONTH BUDGET ACTUAL Vananec 151 Variance (,) M011111 M011111 Month Month YTD BUDGET ACTUAL Variance (S) Variance (1.1 YTD YTD YTD Y-TD 380.195.00 77.159/0 30.612.69 19,690.111 1(1,922.68 35.68% 348,832.3) 293,313.69 55,518.62 15.92% 222,578,00 90.30% 1.550,00 6.968.08 (5.418.08) -349,5590 221,526.00 200,98(1.87 20,547.13 9.28% 95.500,00 62,7990 16.300.00 4,199.47 12„100.53 74.2490 74,200.110 59,962,00 14,238,00 19.19% 28,1100.011 77.45% 2.31111.00 2,147,29 152,71 6.64% 25,70000 21.685.48 4.04.52 15.62% 9,500.00 5.9690 500,00 0.00 500.00 I 00.00% 9,000.011 568.03 8,431.97 93.69% 6,000.011 25.1.10/o 500,00 0.00 500.00 100.110% 5,500,00 1,500.011 4.000,00 72.73% 741.773.00 77,92% I 51.762.69 33,0114.85 18,757.84 36.24%, 684.7611.31 578,010.07 106.750,24 15.59% DEPT 4511- CULTURE, RECREATION Total Parks & Recreation 153,028.00 140,1700 11,55(1.74 15.30023 (3,749.49) -32.46% 141,477.18 214.491,22 (73,019.1(4) -51.61°,4 IT & Telephone 109,560.011 55.7090 6,388.00 3,793,57 2,594.43 40.61% 96,668.00 61,027.78 35,64022 36.8790 GRAND TOTAL ALL EXPENSES 3.316.216.00 8L36% 193.957.97 199.832,29 (5.874.321 -3.03% 2.7)46.496.61 2.1198,124.71 88.371.9(1 3.17% SUB TOTAL NET INC OVER EXP 482,118.110 -6(1.17% 1 (124,690,72) (1)2.764.66) 11,926.60 9.56°4 (473907-36) (290,11111.99) 183.801.37 38.7800 DEPT 460 - comp ADJ 35,000.00 0.00% 0.00 0.00 0.00 0,00% 0,0U 0.00 0.00 0.00% DEPT 490 - CONTINGENCY FUND (1.00 0.110% 0.00 0,00 0.00 0.00% 0.00 MO 0.00 0.0090 Debt Service increase 247,118.00 0.110% OM 0,00 0.00 0.0011, 0.00 0.00 0.00 0.0090 DEPT 493 - OTII F1NANCLNG 200,000.00 URI% 0.00 01(0 0.00 0.0094 0.00 (1.00 0.00 0.0031 GRAND 'TOTAL ALL DEPTS 3.798.334,00 71.0390 193,957,97 199,832.29 (5.874,321 -3.0390 2,786.496.01 2.698,124,71 $8,371.90 3.17"16_ Net Income over Expenses 0.00 % I (124.6911.72) (112.764.66) 11.926.60 936% (473,902.36) (2911.100.9(4) 183,8(1(.37 38.78"/o Summary_2 City of Like Elmo 2015 By Month Booleo to Antal f'ompasutive For the month emlitra November 30. 2015 101-General Fund Doan By Department DEPT 410 cov"r 1.2ns/2015 Full Year 61(19111 YID BUDGET BUDGET ACTUAL Variance (5) Variance (%) BUDGET ACTUAL Variance (5) Variance 03) 2015 % to ilaio Month blunili MImIll Month YTD VTD YTO YTD YTD variance rioted RBI' E,NUE Current Ad Valorem Taxes 2,531.00160i1 45.80% 0.0U 0,00 0.On 0.00% 1,265,540,00 1,159.173.20 (1052361.30) -8.1053 Delinquent Ad Valorem Taxes 15,000,00 168.99% 000 0.00 0.00 0.0005 7,500.00 25,347.56 17,817.86 237.97% Mobile I lome Tax 11,400,00 56.33% OLIO 0.110 0.00 1300% 5,700.00 6,421.42 721,43 I 2.05511 Fiscal Disparities 160,00000 09.25% 0.00 0.110 0.00 0.00511 50,000.00 110,796,92 30,790.92 38,50°3 Penally 16 Interest on Taws 7000(1 160.65% 0.00 00)1 0,60 00053 350.00 1,124.55 774.58 2213153 Liquor License 8,350.00 97.6005 0,00 0,011 0,00 0.0053 5,35000 8,150.00 2,8110.00 57..3456 Wastelia tiler License 1,680.00 28.57% 0.00 0.00 0.011 0.131363 840.00 400,110 1260.00) -42.865a General Contractor License 0.01/ 000% 0.00 0.011 000 0.0006 0.00 0.60 OLIO 0.00111 licating Conriador License. 2,500.00 140.0084 200,011 200.00 0.00 0,00% :2,300.00 3.500.00 1,200.00 52.17% Blacklopping Contractor License 0,00 0.001/s 0.00 0.00 0.00 0.0091 0.00 0.00 0.00 0,0093 Building Permils 517,0110.011 71,52% 43,130.00 35,502.95 (7,526.05) •17,4553 474.41000 370,156.61 (204,243,39) -71,9753 12 new home penniis in Nov; YTD ill 125 new homes 1(1 open space) Building Re -inspect Fees 1,000.00 0.011% 100.00 000 (100.001 -103.00% 1,01/0.00 100.00 (900461) -911.1111)11 I lea ling Permits 79,040.00 107.66'93 2.420.00 5,579.00 3,159,00 131454% 26,620.00 31,265.70 4,615.70 17,4593 Plumbing Perm iis 29,040.00 132.6505 2.42000 4,6%0.00 2.260,00 93.394 26,62000 33.522,00 11.90200 44.717', Sewer Prmrils 10,560.00 000% 380.00 CLOU (5)0.001 -100.0033 9,680.00 0.00 (9,650.00) -1000063 Animal License 2,500.00 82,24% 40.00 20.00 (20.00) -50,00% 2,46010 2,4/56,00 1,404.00) -16,125'9 Utility Permits (ROW) 5,000.00 1106.91.4 0,00 13,409,40 13,409.41.1 100.03°3 5.000.60 55,346,20 50,346.20 11/06.9253 Driven hyrateclopmeni activity Burning Pcrinit 2,250.00 63.0005 511,00 125.00 752.10 150.0053 2,250.00 1,520.00 (72000) -32.0095 Massage Tberapy Licenses 150.00 16.67% 0201 0,00 0.00 0,0033 150,00 25 66 (125,0111 -53.3353 Electrical Permit 6,05 I Alll 142.98% 50000 804.52 30.1,82 60.9033 5,500,00 3,651.94 3,151,94 57.318S Year te date includes a coriection Ibr an August ending error Ilnincstead Credit Aid 0,00 (Lou% 0.05 o 00 0.00 0.00% 0,00 0,00 0,00 0.00% NISA-Maintennricc 1(11,096.00 117.47% 0.011 OW 0,110 0.0033 101,696.00 119,464.00 17,768.00 17.47°3 YID-NISA tingling increase for 2013 SIDIC Fire Aid 41,50000 140.1005 0,00 0.011 0.00 0.0653 0.00 58.165.92 53.165.92 100,035.3 PERA Aid 2,749,011 511.0169x 0,00 0.06 0,00 0.60% 1,374.50 1.374.5(1 000 0,011011 Gravel Tax 0,00 0.00% 0.00 0.00 0.00 0.11% 0.110 0.00 0.00 0.011211 0e0)1(1i00Grain 15,500.00 101,21% 0.00 0.01.1 0,011 100009', 15,500.00 15,688.011 183.00 1,2183 Mist: Stale GranliSurcharge Rev 5101,00 5039.23% (LW 0.00 0,00 100.00% 375.00 21,196.14 24,321,14 6513,97% Gram bind for ONIL trail grooming ..°: Cist 5 tree project Cable Franchise Revenue 45,000.00 151.40% 0.00 0,00 0,00 0.00% 45,000.00 08,129,10 23,129.10 31.40% Reed paiticipain distribuiiiin of excess Funding 7oning. CI Subdivision Fees 7,500.00 357.73% 0.1111 1.200,011 1,2011.00 100.00% 7,5011,00 26.830.00 19,330.60 257,73% Very few 8010014 permits budgeted in 2015 Plan Cheek Pecs 1141,933-00 117.4105 15,1611.25 21,132.58 5,972_21 39.39% 160,763.75 113,004.38 46.84103 38.09511 Sale of Copies. Books, klaps 17.5,00 33.00% 15,00 0 00 ((5.00) -100,00% 160.00 66.50 (93.50) -58.44% Assessment Seatehcs 750.00 148.00°A. 30.00 54000 510.00 1700.009"3 73500 2,610.00 1,875,00 255.100.3 Clean Up Days 2,000.011 180.75% 0.00 0,00 0.00 OLIO% 7,000,00 3,615_00 1,615.00 00,75% Cable Operation Rcialbuisenicin 2,510/.011 32.03% 0.00 0,00 000 0.0053 1,87500 000,63 (1,074.371 -57.30% Fines 411,011000 77.318's 4.000.00 3,768.88 1231.12) -5.7863 41,000.00 37,107.111 (6,592,99) 45.67% Miscellaneous Pemlits 0.00 0.1111% 0.00 0.00 U.110 0,0093 0.00 0.00 0.00 0.0063 Fire Billable Revenue 511000 100.00% 000 (/.00 0,00 0.0003 500,00 50000 0.00 000% MiSCCIlalleriniS 1(000. 3,500,00 336.35./3 300.00 0,00 (300.00) -100.0653 3.200.101 11,772.11 8,573.11 267.8553 Internal Charges 640,00 65,312, 22.00 4.00 (19.00) -31,8295 62600 4(8.00 1208.00) -33 2353 Interest Earitins 10,000.00 0,1107, 0,00 0,00 000 0,00% 0,00 0.00 41.00 0.009', Donations 0,00 it.90`. r::,y, 5 :-, 0.009i, t,, c,i Total Revenue 3,798,314.00 601.40.0,, .767.Z9 8%06710 1,7,0104.311 25.711% 2.3.111344.25 140,0:3.72 95,121,47 4,1305 Full Year MONTH YID EXPENSE WOG 1ST BUDGET A(' [VAL Variance ($) Variance (5;1 WIDGET ACILIAL Variance (5) Variance (5)1 1110 - Aluyar & Council 2015 9e le Mite 1091011 10unill Month Moog' Y-1-17 Va D 9/ID V TIT 11-1. Salan00 25.690.00 5101111% 0.00 0.00 000 0,012% 12,545.00 12.545.00 0.00 0.007; FICA eviaribirtions 1,593.00 .19.99% 0 00 0.00 0.00 0.0055 796.39 796.39 000 0.0000 Medicare Coniributions 372.00 50.07% 0.011 0.00 0.00 0.005-0 156.27 196.27 0.00 0,0000 WI'm ker5 Compensation 3500101.:(1,10) 29,40% 0.00 (1.00 0410 0.110% 300,00 98,97 211.03 70.347; 61110agc 33.93% 000 0.00 0.00 0 0054 375.00 169,16 205 34 54.595; MIscvllaneuus 0.00 1017,11400 0.00 000 001 0.60% 0.00 311,54 (2)1.54) -109.0055 Duce & Subsenplious 11,51.111.00 137+711% 1.090.00 1,52.55 317.42 31.7-1% 11,1100.00 15,835.06 (.1.3.16061 -43.96% 2013 share of1,51Canclual Pou made io Scpt 3014 plias- Canferences & Training 1.0011,00 100.0053 0.011 0,00 0.00 0.0053 501 00 1,13(111,00 (500.01) -100.0115S annual 9/S13 poment Tate' [Mayor & Cuiinell 40,955.00 7641200 1,11011,00 682.59 317.42 31.749/0 36,1101.66 31,133.39 (5,130.731 -19.73% 11120 - Administration FT Salaries 198,123.00 105.41% 15.240.3.3 17,867,53 12.627,45) -17.34% 192,SS4 6-2 7.03.936.03 (25.9)1.41) -14.19° e Variance is a resul) of PIO pciyouis io prior ensolnyee's 110 RA Cuntnbutions 14,364.011 81.92% 1,104 92 902.25 302.07 27.39% 13.259.09 I 1.766.3S 1,492.70 11.2651 ICMA Contributions 0110 0,00% 0.191 0.00 0.011 0.1105; 000 0,00 0.00 0011% FICA Conn -Motions 12,284,011 100,46% 944,92 857.69 37.23 9.235; 11,339,08 12,34075 (1.001.67) -8.937g Medicare Contributions 2,873,00 102.06% 221310 2.1601 (25.5)) -11,591) 2.652.00 2,933.23 (29(1.23) -10.577; Ilea' Ili/Dental 11.111,0,7 44,865.00 97.37% 3,45415 4.555.44 11,134,291 -32.87% 41,413.85 43,653.44 (2,209.59) .5.455e Unemployment Ilene fits (LOU 0.00% 0,00 0.110 0.011 0.00% 0.00 0.00 0.00 0,005; Workers Compensation 1,000,011 106,23% 000 0 110 UM 0.00% 1,000.00 1,062.27 (6127) -6.23% Mice Supplies 5,500.011 99.6070 475.00 25.81 449,19 94.57% 5025,00 5.255,1)3 (233.031 -4.645; Plinked Forms 0.0U 100.005/e 0,00 39.00 (311.00) -100,0119/', 0,00 1,ES5.00 (1.888.00) -1110.013% Legal Services 45,000.011 218.45% 3,75000 5,704,00 (2.95400) .78.778; 4E250.00 98,302.59 (57,052.59) ,139.31% November Johrion and TUITICT iliVOICC WI yt:i received NewsleticePiVelasite 000 0.00% 0,00 0,00 9,00 0.00% 0.00 11.00 000 0.00% Asse9sing Services 32,000.00 I 04.66% 2,500,00 2,500.00 0.00 0.110% 27,500.00 33,490.99 15,99098) .21.795.6 May espcnse includes 5VA assessor i'CCb budgeted later in (he year Contraci Services 0.011 0.0115/4 0.00 300.00 (300.00) -100.011% 11.110 1,10000 (1,1000)1) -1000096 Posiage. 2,000,00 172.10% 0.00 107_64 (107.641 .100.009', 1,50000 3,442.90 (1,942.00) -129.4755 Timing issue Mileage 500.00 1-1,1000 50,00 0.00 50,00 100,0053 500.00 70.49 429.5 I 95.905.; Legal Publishing 5,000.00 99,82% 400.00 72,39 327,62 81.915; 4,600.00 4,991.11 (291,11) -9,5000 Insurance 35,110000 93.10./e 0.00 0.00 0.60 0.005; 35,000.00 32.5116.00 2,414.00 6.9075 Cable Operas ion Cspcose 0,00 000% 000 0.00 0.00 0,000 0,00 0,110 0.00 0.009 i Miscellaneous 60000 124.92% 50011 0.00 5000 1000056 550,00 749.52 1(99.52) -36.295; Duos & Subscriptions 2,105.0(1 81.405/; 175.01.1 0.00 175.00 100.00% 1,925,00 1,713.46 211.54 10991; Books 000 100,11000 0.00 0,00 0.00 0.0119) 0.00 111.89 (131.89) -100.00% Conferences & Training 6,100.00 40.02% 600.00 0,00 600,60 100.00% 5,6011,00 2.441,00 3,159.00 56419', Sia ff Developowni 0,00 0.00% 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0005; Total Ad ulInIscratIon 407,316,00 214.611% 29,96237 34,107.65, (5,145.29) -17.77% 375,996.63 456,79607 (90,787.44) .24.1.570 1.110 - blectluns PT Salaries 0.00 100.00% 0,00 0,00 0,1/0 0.0053 000 1,26000 11,290.001 -1000000 Office Supplies 0.011 0.00% 0,00 0.00 0.03 000% 0.59 0.00 0.00 0.007; Legal PublicalionseNolilication 11.00 0.00% 0,00 0.00 OLIO 060°1, 0.00 0.00 0.00 0.0076 Equipment Ilepa(c 0410 110).00% 0.011 0.1)G 0.00 0,00% 0.00 600.00 1600,001 .100.00% Couruy Election Fees 950.00 000% 0,00 0.010 (Lao o,ccl--; 950.00 0.00 95000 100.009', Priuleil Forms up 0,00% 0.00 0110 0,00 0.00% 0,110 0.00 (UM 0,11096 Miscellaneous 10000 291.03% 000 0.00 0.00 0,0090 750) 291,03 (216,03) -295.043) Local Elemlons 1,050.00 206.76%, 11410 0.111) 0.00 0,00% 1,625011 2,171,03 (1,145.03) -111.81% Foil 100-,ir MONTI) YID 13UDGET 11LIDGET ACTUAL Veriauce (5) Variance 0.41 BUDGET ACTUAL Variance (SI Varia110e 1°5/ 1450 . Communications 2015 % M daie Istorith Month Month Month Y ED YTD YID sir I) FT Salaries 35,876.00 32,73% 2,759.69 0.00 2,759.69 100.003, 33.116.31 11,739.09 21,377,22 04.55% l'ElLA Conlributions 2,60).00 27.11% 200,08 0.00 200335 100.0000 2,403.92 705.10 1.695.52 70,6300 FICA Cotilributions 2,22,4,00 32.07% 171,08 0.00 171.05 100410% 2,052.92 713,13 1,339,79 65:2600 Isleclicare Contributions 520.00 32.08% 40.00 ILO 40.00 100.0056 480.00 166.50 313.20 63.25% I loll thfUents1 Insuranec 9,770.110 36,213% 766.92 0,00 766.92 100.005s 9,203,08 3,672.00 5,531,os 60,10% Winters Corriperisation 0.00 100210% 0.00 0.00 0,01t OLIO% O.UU 177.91 (177.911 ,1110.0033 Nenislimer 8,000,00 73,39% 0.00 0,00 0.00 0.0000 6,000.00 5,871.11 125.59 3.1506 Office Supplies 561.00 8.6500 5(1.00 0.00 50.00 100.00176 550,00 48.50 501,50 91.15176 Mileage 100.011 0.00% 0.00 0.00 0.90 0.005% 75.00 57.27 17,73 246400 Public Notices 5,040.00 32,0500 4011E0 0.00 400.00 100.00% 4,650.00 1,615.46 3,034.54 65.26% Cable Opoktimis 4,800.00 72351/4 400.00 240.00 '00.00 40.0000 4,400,00 3,474.15 925.55 21.0400 Conferences 700.00 51.43% 0.00 0.00 0.00 0.0023 700.00 360.00 340.00 45.5717", Repair/Main( Equipment 450.00 0.0000 0.00 0.00 0.00 0.0065 450.00 0.00 450.00 100.00% Tula Cunt niunicasittns 70,843,00 4137% 4,787,77 240.00 4,547.77 94.9900 64,078.23 28,600-52 35,477,71 35,377/s 1520 - Finance FF Salaries 66,863.011 83.7500 5,143,31 2,632,33 510,95 9.9300 61,719,69 55,998.33 5.72136 9,2700 PT Salaries 3,600,110 0.005/0 276.92 0.00 276.92 100.0016 3,323.08 0.00 3,323.08 100.0006 VERA Contributiuns 4,848.05 86,6300 377.91. 347.13 25.79 6.7200 4,475.05 4,199,64 275.44 6.1500 FICA Conlribulions 4,369.00 75.1000 3.36,08 772.10 63.98 19.0496 4,032-92 3,281.12 751.80 18,6426 Medicare Cootributinits 1,023.00 75.07% 78.62 63.64 14,95 19.05% 943.35 76735 176.13 15.67% Heal llellental Insuran00 14,955.00 66.7300 1,150-38 870.40 279.95 24.3456 13,504,02 10,009,60 3,795.02 27.19% lheemployment licticfils 3,1100.00 OM% 0.03 0.00 0.00 0.009. 3,006L00 0,00 3,000,00 I 00,001's Workers Compensation swum 81.52% 0.03 11,00 0.00 0.0032 373.00 407.61 (32.611 .5.70% Office Supplies 500,00 )76,90% 0.00 0,00 0.00 0A00 375.00 554.52 (509.52) -135.8731 Printed Forms 500,00 0M00 0,00 137.00 (137.00) -100.0000 375.00 153.05 221.92 59,15% Audit Scrviecs 27,000.00 94.2465, 121111 0.00 0110 0.0000 27,000.00 25,445325 (,555.00 5.761", Cotitcact Services 6,11011.00 118.9,500 5010 631.33 1131.33) -26.27% 5,5011.00 7,136.83 (1,636.53) -29.761", Mileage 50,00 0.01000 0.00 0.00 0.00 0.04/55 SUMO 0.00 50.00 100.0000 MisccIlancuus 200.00 128.211% 0.00 0.00 0,79 o.ou% 150_00 256.56 (106.56) -71,02% Dues & Subscriptions 740.00 22.9700 0.00 0,00 0.01 0.0000 740410 170.00 570.051 77.0300 Conti:mimes & Trainiog 500,011 0.0000 0,00 0.00 0.192 t00% 500.00 12,00 sato° !coma% 'fulfil Finance 13,1,647,00 811.7400 7,858.23 6,953.93 90430 11,51% 12.6,363.77 108,7119.54 17,654.23 13.975's Annual check stock re-ordcr Fieldtimik compleicil mid billed curlier than antissipated it, budget decrease ,,OW 41.11 audit xubslantiolly completed Outat4,3 Full Year 1 6101911 I ‘1TD BLII)GET BUDGET ACTUAL bra lance (5) Yttristrizi51) BUDGET ACTUAL Variance (53 Variance 1111 19111- P1611111.0, S Zoning 2015 91, lo date Month Month Moults Month YID YID YrD YID YID valiance notes IT Salaries 152,554.00 11118% 11,325.31 19,951.91 (3,126,60) -63.7201 140,529419 152,786.67 112,257.931 -3.7291 Pi Salaries 3.600,09 0.011% 276.92 0.0 276.92 I 00.003, 3.323.03 0.00 3,323.03 100.0015 PERA Contributions 9,349.00 98.0120 757.62 639.14 6343 9.04% 93191.33 9.669,50 (573.12) -6.36% FICA Coral ributions 8,646,00 92.94% 665,03 1,170,57 (5)75.49) -70.091 7,930.92 3035,30 (5).8.51 .0.699; Medicare Contribukions 23122.061 919520 155.54 271,76 (113122) -76,0101 1,366.46 1,359.24 7.22 0_3901 1ealth/B=61 (r00140e e 32,047,011 35,1520 1,465.15 1,3)2,00 653.15 26.509s 29,531,35 27,37.1.00 2,2E10.85 7.6400 Walkers Compensation 800.00 100.76% 5.011 0.00 0.00 0,0001 800.00 306.07 (6.07) -0,7630 Devolupek escrow offset cuss recovely (16,51)0310) 92,03% (1.375_051 (637.93) (737,02) 53.6011 (15,)25.001 (15.185,06) 60.06 3340% Of Occ Supplies 1,800,00 70,75% 150.00 51_30 93,70 653005 1,650.00 1,273.53 376.41 22316'. Printed Forms 750,00 12.93.5113 0.00 3810 (33.00) -100.00% 750,110 973.97 (22337) -29.3505 Engineering Service-5 20,000.00 84.80% 1,500.00 763.55 731,45 43,7691, 13,5110.00 16,959.35 1,5,10.65 3,3301 Contract Services 5,000.00 318.549/a 0.00 1,423.00 ((,423 00) -)00.0001 3.750.00 15,927.05 (12.177.05) .324.723s VILL=Iondsedge Arelince 35111 Street Postage 200.00 57,9401 11.00 .17.15 (4).15) .1.00.0001 150330 115.37 34.13 22,75% Mileage 250.00 32,86% 30.00 20,00 10,00 33.33% 230,00 32.15 147.85 64.2801 Miscellaneous 500,00 6,20% 55.00 0.00 50.00 100.0091 450.00 31,00 419.00 93.1101 13407 & Subscriptions 600,00 10.1102', 50.011 0.00 50 00 100 000, 550.00 120.00 430.00 78.18% Books 300.00 0.00'!, 25.00 0.00 25.00 100.0001. 775.00 0.011 275,00 1003101, Confeiencel & Tulining 1,000310 27.75%. 0.00 0.00 0.00 0.009s 1,500.00 555.00 9.15.00 63.00% Tultd Illunning & Zoning 224,218.00 98.7120 16,575,62 25,611.40 (9,0)6.78) -54-525/s 2.05,85233 221331.09 (15,473.7)) -7.5120 1930 Engineering Ser,ice5 Engineering Services 54,800,00 68,75% -1,600.011 3.971.55 62345 13.66% 50,2000 37,675.95 12,524.05 24,95% T0l4! Engineering Services 54,800310 611,.7534, 4,600110 3,971.55 623,45 13,66% 50,21/0.00 37,675,915 12,514315 24.95% 1940 -City Hall Cleaning Supplies 50.00 0,00% 0.00 0.00 0.00 0.0001 50.00 0,05 5U.OU 100.00% Building Repair Supplies 300.00 126.111% 25.00 0470 25.00 100.0001 275 en 378.06 (103.06) -37.43% Unliiies 6,0011.00 1119,08% 500310 251,30 247,70 49.54% 5,500.un 6,544.36 (1,04436) -19.00% Budget assumed annex sale in 2014 Refuse 353.00 353,1 We 0.00 112,94 (1)2.94) -100.0098 353,00 1,264„18 (9)1.18) .258.12% 11,ep0irsIMaiiii Contractual Bldg 6,000,00 146,56% 500,00 316.65 173.35 34.6701 5,500.05 3.811,36 (3,3(1.86) .60,22% YE12: E)ecirical wiring needed in new icnial office space ($2.7k) Repair:403in' Contractual Equip 7,700,00 129,12% 650,00 699,95 (49.95) -7,68% 7,100.00 9,950.01 12,350.01) -10.14% New copier lease and usage over,kge fee, Facility Lease 29,532310 91.6720 2,461.00 2.461.09 0.00 0.0031 17,071.00 27,071.00 0.0n 0.0001 Miscellaneous 300.00 578,5520 25.09 16.47 3.53 34.1200 275.00 1,735.66 (1,460.66) -531.15% 1'0l11l C)ty Hull 50,235.00 1111199% 4,161,00 3,869.31 291.69 7,0101 46,124,00 55,755.63 (9,63143) -20.8320 Total General Government 984,063310 96.7666) 67,944.99 7,42 (7,491.43) -11.11320 895,644.67 952,163.12 (56,518.55) -6.3120 01)1114 DEP-1'420 - PUBLIC SAFETY Full Year Al1/NTI1 v-ro uuDG(9 BUDGET ACTUAL Vol io nee (5) Variance 0741 P(7DGEI ACTUAL v.-6.. (S) Vuliance (14) 2100- Police 2015 95 to dote Month 34010 Month Month l'ID YTI) YTD N'TD I au, Fci6,reenten1 Contract 517,799.00 30.92% 1/.90 0.00 0.00 0.0074 753.399.50 263.645,09 (4,745.59) ..1 0374 Tolul Police 517,799.00 50.92% 000 0.1119 0.110 0.6074 255099.511 263,6,15.09 (4,745.59) -1.33% 2150 - Prosecution Attorney Criminal 50,900.00 1112.40% 4,1110,110 4.512.50 (-112.50) -10.060; 46.000.00 51,197,50 15.197.50) -11.5054 Tulal Prosecution 50.809,00 102.4054 4,10000 4,512.5(1 14(2.50) ,-10.0674 46,01111.011 .51,197.511 (5,197.50) -II-3074 2220 - Fire FT Sala0c$ 68,614,110 94.53./. 5,273_00 5,409.03 (131.63) -3,4974 63.336.00 6,1.363,94 (1,527.94) -2.41% irr 5alarie8 123,121.00 70.43% 0470.85 9,713,03 (242.18) -2.5604 113,650.15 86,717.35 20,932,77 73,70% YTO correction for accrual back lo 7014 for POC IT PERA Coninbuiions 12,116,0U 1117.7974 932.00 1,152,67 (220.67) -236,816 , 11,134.00 13,06000 (1.376.011) -16.777; FICA Coniributions 7,633,00 65.1774 537.15 496.43 90.72 15.45% 7.045.85 4,974.10 2,1171.75 29.40% Medicare Contribinion3 2,730.00 31.3674 213.55 212.62 1.23 0.58% 2.566.15 7,261.91 304.24 11.3674 LlealthlDelitol Insurance 14,243.0U 92.21% 1,095.62 1,142.110 (46.35) -4.23% 13,147,33 13,133.00 14.38 0.11% l/nernplo./Tnent Benefits 0.00 0,00% 0.01/ 11.00 0,00 00076 0.00 0.00 0.00 0.011% Workers Compensation 9,000,00 195.43% 0.00 0.00 0.00 0.00% 9,000,00 17,592.35 (3.5112,83) -95.48% Doe to 1 Ss% rale increase 0Rice Supplies 3.50.00 I 54.37% 70,UU 41.49 28.51 40.73% 770.0U 1,312.1.1 (542.13) -70,41% EMS Supplies 3,400,00 76.15.14, 230.00 U.00 280.00 loa,orrh 3,030.00 2,539.03 490.92 15.94% 171,, Prevention 3,000,00 4.7574 250.00 0.00 250.07 100,0074 : 2,750.00 142.39 2,607.61 94.82% Fuel, Oil & Fluids 13,000.00 67.3574 1,10000 1.032.38 67.62 6,1504 11,9120.00 3,755.4.1 3,144.56 26.4206 Small Tools .& Equip 20,892.00 70.06% 1,750.00 5,945.65 (4,195.65) -239.75% 19,250.00 14,036.25 4,613,65 23,9704 I91ysica Is 3,181,00 163.45% 265.14 OLIO 265.00 100.0094 2,915.00 5,199.47 (2,234.47) -78,3774 Radio 21.562,00 76.675/3 0.00 000 0.00 0.00//3 16,171.511 16,5.31.30 1.159.30) -2.22°0 Mile06e 250.00 231.38% 7000 0.00 20.00 100.00% 730.00 573.45 (343,45) .151.5016 Insurance 8,307.00 87,02% 0,00 000 0.00 0.00% 3,307.00 7,229.00 1,078.00 12,93% Annual premiums billed April Elecnic Utility 17,000.00 71.91% 1,500.03 511.55 9.33,45 65.9074 15,500.0(7 12,22.1.33 1,275.67 21,1374 Refuse 1,1100,00 292.1774 00.00 266,38 ((86,33) -732.98% 920.00 2,922,73 (2,002.73,1 -217.6974 Replir/ryla int 131dg 2,000,00 304,5374 170.00 154.45 15.55 9.1574 1,830,00 6,090.63 (4.200.68) -232.3253 ReptiirrMaim Eqiiip .13,260.00 74.04% 7,73000 172,19 2:607.51 93.3074 20,480.01.1 24,624.56 5,555,44 19,21% Ang is Annual cseg el/al( lire vehielec Uniforms 2,51101.18 61.3974 210.00 543,10 033.10t -161.0074 2,290.011 1,534.70 755.30 37.93% Miscellancoui 1,500.00 171.2774 125.00 75.50 49.511 39,6074 1,375.00 3,569.09 11,194.091 -36.474 IDucs S., Sullsoipams 3,508.00 93,25% 300.00 650,00 ('.350.(10) -116,67% 3,210.00 3,271614 (61,0J) -1.90% Boas 220.00 90974 20.00 0.00 20,00 100011% 210.00 20.00 190.60 90.4894 Conferences & Troinilig 12,375.0(1 74,82./3 1,000.00 1,215.62. (2(862) -21,361; 11,375.00 9338.67 2,116.33 13.61% Centel ences S.. Training (Rennbl 0.011 0.00% 0.00 _. 0179 0,00 0.00% 0.00 12231,001 2:131.110 11.10.0074 Fulttl Fire 335,312.00 83.0174 27,497,47 28,742.99 (1,245.521 -4.531/3 352,493.03 3)9,861.62 31,031.41 9,26% 2159 - Fire Relief Fire SIIIIV A14 37,31.1.00 155.84 s/3 0.00 0.687 0 Ur) 00000 0.00 sa,i 6,5,92 153.165.92/ ,100.110% Base State Aid 546.7k, Suppl 511.4k Total Arc Belle( 37,373,00 155.84% 0,00 0,1/0 0.00 0,00% 0.00 58,163.91 (58,165.92) -100.00% Detall_5 Eull Year 910N1'1-1 Yr D 241/0 - Building Inspection 1.1110CET 111.100ET AC1UAL Variance (S) Variance(%) BUDGET ACTUAL Variance (51 Variance (5s) 2015 9) to dale Month Monih Monili NInnili YTD Y112 YID Yu-) FF Salaries 149,606.00 58.19.4 11,505.13 12,613.40 (1105.25) -9.6000 I 38,097,85 37,057-25 511/40.60 36.969) PEILA Conidlimions 10,846.00 58.5360 834.31 777.84 56,47 6,7760 10,011.69 6,343,18 3,663.51 36.59% 11CA C011iribulions 9,276,00 55.09% 713,54 7 59.79 (45.75) -6.4 151. 8,562.46 5,110,00 3,452.4h 40322) Medicare Conirilamions 2,169.00 55.03% 166,35 177.57 (111721 .6 4200 2,002.15 1,194.76 307,39 403300 Health/Dental Insurance 28,436.00 57,01100 2,191,23 1,414.00 777.23 35.4725 26,294,77 16.201.00 10,033.77 33.165 Uncniployment Benefits 0.00 0.110% 0.00 0,00 0.110 0.0095 0.00 0,00 0.00 0.008,, Win kers Compensation 18100.00 231.411% 0.00 0.00 0,00 0.0070 1 000.00 2.325,96 (1.313.961 1321005 Office Supplies 2,1110.01/ 21.6560 175,00 41,93 135.07 76.049) 1,925110 454.63 1,4711.37 76,3300 Framed Forms 700,00 3211160 0 Oil 38.00 (38,00) 0,0016 525.00 154.09 370.91 70,658 Fu7l, Oil & Ill aids 5,5001/0 12.82% 45000 10.15 439.35 97.74% 5,050,00 70500 4,345,00 56.045s Engineering 9,000.00 82.9000 750.00 735.45 (33.15) -5.1300 3350.06 7,460.90 789 10 9.56% Inspector Contract ticnaces 67,200.110 43,5900 6.1011 60 172.00 5,928110 97.13l 61,100.00 29,291,99 31,307.01 3100; 6.1i60ge 3,500.011 108.53% 300.00 37.29 262,71 87,5700 3,200,00 3,793.57 (593.57) -18.7100 -Insurance 901100 20,00% 75.0(1 0.00 75.00 100.6056 825,00 i00,00 645.00 78.13°L Annnal premiums billed April Repairsfklaint Equip 2,3101.00 55.6303, 200.00 0.00 200.00 100,0000 2,100.00 1.279.56 87.0,44 39.07% Uniforms 850.00 22.88% 30.00 0.00 30.00 100,001) 780.00 194.45 555.55 75.07% Miscellaneous 650.111/ 236,27% 50.00 0.00 50,00 100.00% 600.00 1,535.76 (935.76) -133,961 Aug is EC Red sves for lot line ailk hadgcli cseention approved by CC Dues & Subscriptions 700,09 55.01160 50.00 0.00 50.00 100,00% 650.00 355.00 265.00 40.7790 Books 3,000,110 56.41% 500,00 0110 500.00 100.0088 3,001100 1,692.39 1,3117.61 13.599) Nov Tnick 23,000,00 93,74% 0,00 21,5611.6 1 (21,560.31) -101100% 23,000.00 21,560.31 1,139.19 6,26% Conferences & Dinning 2.775.00 19,6400 0,00 0110 0.00 0,0083 2,103.110 545,00 1,555,00 74.05.30 Tolol Building Inspections 323,551.00 57,9660 14,144,08 3/1,390.73 (14,246.65) -59.01% 299,073.92 187,534.30 111,539.62 37.3060 2500 - Emergency Communications Sersices Toth! Emergency Communications 2700 - Animal (moral Printed Forms Contract Services Miscellaneous (Impound)ng) Tolal Animal Control Tom! Public Safety 7,00000 53.51.100 0.00 7,1100.1111 5-3,5060 0,00 0.00 OM% 0.00 0,0110.011 136.6784 500.00 800,00 9.758l 70.00 5,800.00 121.7400 5711.00 1,327,792.00 6 0.00 0.00 0.0096 5,250.00 3,715.00 1,505.00 26,67% 0.00 OLIO 0,01.160 5,250,00 3,745.00 1,505.00 28,67% 0.00 0.110 650.00 t I 50.00) 0.00 70.00 650.00 (50.110) 0 00% 0.00 0,00 0,00 .30.00% 5,500.00 8,200.00 (2,700,00) 100.0086 730,00 77.99 652.01 -14.04% 6,230.00 5,277.99 (2,047,99) 56,311,55 72,296.22 (15,954.67)_ -28.395S 957,946.45 092,427.42 75,519,03 0.00% -49.09% 89,32% -32.57% 7.50% 0038,10 UEI'T 430 - PUILIC WORKS 3100 - Works Ft Salaries irr Salaries FORA Contributions FICA Cowl ilunitnis Medicare Contributions lealth/Decial Insurance Unemployinein Workeis Compensation Supplies Shop Materials lluildnig Repair Supplie, Small Teals end Minor Equip Engineering Services Contract Services Radio Mileage I usura nee Elechie lltilily Wage Fuel, Oil, Fluids (AOl der0) Repair/Minot Bldg Repair/Main( NOT 1.31dg RepairsMaint Equip (ota) Equipment Paris Uni hums )llisuIInnous Landscaping Material Dues & Subscriptions Curifcriences & Training Clc-an up 120}1 Total Public I'Vnrlis 3120 4 Siren's Equipmen1 Pasts Sneer Mainieriance Materials Seal ContingrCraek 1511(101 Sign Repair Itilateduls Contract Seriiices Rc)lal,st6lnl Equipnieru Total Street, Full fear 810141-11 HUDGET III 117GET ACTUAL Variance (5) 2015 51 to dale Month Month Month 153,314.00 77.1200 11,791,3$ 9,325.73 2,467.66 23,441100 10.6700 1801-62 130.00 1,674.62 11,115.00 81.8900 855-00 o99.43 155.57 10,960,00 64,66% 813.09 560.18 282.90 3,563.1E1 64.6600 197.15 131.01 60_11 34,183.00 97.5300 2,629.16 2,890,00 (269.54) 0,110 0.01.1%, 000 4.1A/U 0,5il 4,00000 364.5900 560.00 0.00 500 00 2,11011.00 17.275/0 170.00 0.00 170.00 1,500.00 104.8700 125.00 000 123.00 500.00 17.35% 50.00 0,00 50110 1,2110.110 410.9200 100.00 119.65 (19.65) 9,000,00 118.84% 750.60 805.50 (55.50) 4,000.00 80,84% 1,1010.00 512.05 497.95 1,30000 71-3200 0.00 0.110 0.00 000 0,00% 0.00 0,00 0.00 20,000-00 78.74% 0.00 OM 11.00 28,000.00 65.741/a 3,000.00 1,091,36 1,918.64 1,4011.110 99.00% 2)10.00 216.97 ((6.67) 42,009,00 55,0795 5,000.00 2,778.16 2,221.54 3,5011.00 93-5195 300,00 0.00 300.00 500.00 117.93% 50.00 0.00 30.00 5,009.09 79.29% 4011.00 0.00 400.00 7,500,00 .34,7100 625.00 0.09 625.00 2,090,03 12,9.4600 170,09 431.29 (76(.28) 1,000.00 76.8300 50,)10 0.00 50.00 500,00 0.0095 9370 0.110 0.00 200.00 137,50% 0,041 0.00 000 1,590.00 212.479/, U.00 0.00 0.00 5000.00 111.282/a ((.09 0110 0 00 380,195.110 77.152/O 30,611,99 19,690.01 10,911,68 3.990.00 20,000,00 156,573.09 1,590,30 5,1109.03 1,500.011 222,578.011 75,99% 95.25% 911.66% 15-121/a 54.211% 231.46% 90.3600 250.00 1,000,00 0,00 100.0 0.1111 200.CU 1,550E0 0.00 2,195.73 0.110 000 0.00 1,779.30 6,968.118 250.00 (1,(88 78) 0.181 100.00 0.00 (1.579.30) (5,418.08) varinlice (%) 14)-9h 20.97% 92.80% 18.20% 33.50% 33.33% .10,25°4 0.00% 100,00% 100.09% 160,91)% 100.00% -19.65% -7.40°,4 43.80°,-; 0.09% 0,0% 0.00% 93.952; -8.13°; 44.44% 100,00% 160,00% 190.00% 100.00% -153.6951 100,0096 0.009) 0,00% 0.00% 0.00% 33.6854 103.0051 -I I b.58% 0.00% 100.00% 0.0051 -2289.65% -349.53% 13U DORI' YTD 141,320.92 21,055.38 10,760.00 10,116.92 2,365.85 31,55-154 0.00 5,500.00 1,830.00 1,375.00 430.00 1,1E0,00 8250.00 1,000.00 975.00 0,00 20,000.00 24,500.00 2,200.00 37,5110.00 3,200.00 450.00 1,601.1.0U 6,975.00 1830.00 950.00 500.01.1 151100 1,125.00 5,000.00 348,832-31 2,7541,00 19,500.80 196,579.00 2,400.00 81100.00 2.300,60 121,528.00 D ACTUAL Variance (9) YID 1511) 118,22848 23,792.14 2,503.09 19,152.38 9,102,02 1,157.98 7.956,75 3,030,97 1,957.25 708,69 33,335,50 (1,754.99) 0.00 0.00 13,575.53 1(0,373.53) 345.42 1,184,55 1,313,01 (195.01) 56.73 36323 4,931.09 (3,531,09) 10,695.75 (2,445.73) 3,733.78 (233.78) 977.19 47_92 0.00 0.00 15,74800 4.2.52.110 18,405.59 6,094.11 2.377.33 ((77.33) 24,39005 13,109.95 30/7.94 (247.94) 599.64 (139.64) 3,96.1.56 635.44 2,602.92 4,272.00 2809,29 (579.29) 7681.25 191,75 0.00 500.00 275140 (125,00) 3,1E7.00 (2,062.00) 5.563.02 (563.32) 293,313.69 55,5111.62 2,279.73 19,050.02 160,150,44 378.69 4,336.04 5,786,50 200,980.87 470.22 449,98 17,427.56 2,021.91 3.663.90 (3,4$6.50) 20,5.17.13 Variance (%) VTD 16.46% $9.44% 11.29% 29.96% 7.9.9511 -5.6651 000% -189.65% 81,12% -14.105a 50.7255 .348.2355 -79.65°,0 .7.7595 4.90% 0.90% 21.26% .24.57% -8.09% 34.96% -7.75% ,31,03% 13.81% 62.14% -3 465% 19.1358 100,01151 43,33% .153.29% .11.25% 15,92% 17.10% 2.3155 9.3458 94.2551 45,908a -151.59% 9.28% Expense spread eni in the budget; 18% rate i412015 Annual safety vaining Full Year 31004111 0T11 3125 - lee & Stuns Iteniuvul ouucorr UUDGET ACTUAL Vat/alto: (S) 3'40 mace /2)0 1.31.1D(31:7 ACTUAL Varianed (S) finance 020 2015 0. to date Month Slung) 310nth hInnin YID 101.2 1112 rro Landscaping Maicnal )1,00 100.00% 0.00 0.00 0,00 0.0010 0455 794,14 (794.)4) -100.6000 SandiSall 80,000,00 57.0500 15,1100.011 0,00 15.000.00 1(10.001; (01,000,00 454539.52 14,300.48 23,930, Conn act Selviees 4,0110,00 0.00% 500,00 0,110 .500.09 100.00% 5,500.110 0,0 5,500.00 11.10.0000 Repa)rs/Nlaini Equipment 9-500.00 1-12,40% 300.00 4,199,47 (7390.47) -424.9314 3,700.00 13523.34 1-1.328.34i -55.50% IneInks 57.200 cur sr.:, plow blades Tntal ice & Snnsr Remove0 95,5110,011 62.79% 16,300,00 4,199.47 12,100,53 74,24% 74,200.00 59,942.00 14,238,00 19.19% 3160 - Street Lig hiing Sired Lighling 28.000.00 77,45% 2.300.00 7,147.29 152.71 6.641) 25,700.00 21,05.48 4.1114.52 15.0210 Tulnl Street Lighting 28,000,011 77,15%. 2,300.n0 2,147.2.9 152,71 6.04% 25,700,00 2.1,68:5.48 4,014,52 15,62°A 3200 - Recycling Recycling Stipplies 3,5011.00 0.00% 0.00 0.00 0.011 0.00% 3,500.00 0,00 3,300.00 100.0015 Isliseellaneoui 6,000,00 9.4700 5011.00 0.110 500.110 100.001r 5,500,00 563.03 4.931.97 89.671; Tutu' Recycling 9,51.10,00 5.93% 500.03 0.00 500,00 100.00°4 9,111)0.00 568.03 8,431,97 93.69% 3250 - Tree Progront Con0011Service4 6,000,00 25.00% 500.00 0-00 500.00 100,005) 5,500.00 1,500.00 4.000,00 Tnlnl Trec Prugrant 6.000.00 21,00% 5110.60 0011 51/0,110 100.005', 5,500.110 1,5110.00 4,000,011 72.7370 72,73°4 Tnuti Public WWI. 77.92% 33,004.85 18,757.84 36,2400 604.760,31 578)09,07 106,750.24 15.5.900 DEPT 450 - cuuruitE, ILECREATIU Full Year MONTI-I 1111) BUDGET BUDGET Acrt IA I. Variance (S) Variance (58) BUDGET ACTUAL Variance 35) Variance (0.) 5200 - Pnrks & Recreation 2013 % iu dale Month Month 151uutb Nlotilli Y5ED YTD YTU YID 17 Salanie3 77,847,110 (55.80% 5,938.23 9,310.12 (3,521.89) -50.3172 71,853,77 121,334.31 09,475.54) .63.35% Position switch hunt new emplo)ce at lowm hue tu long loin ee 1' r Salaries 6,820.110 308.67% 524.62 1,140.00 (015_38) -117.300. 6,295.35 21,065.13 (14,769,73) -234,610. 0E10 Contributions 5,644,00 159.9707 434.15 760.16 1332.011 076.470. 3,209.85 9,028,4-1 (3,815,59) 073.301) E10)17 Contributions 5,249.011 161.32"/8 4113 77 632,32 (228.55) -56.00% 4,845,23 8,467.43 (3,622.22) -74.7658 Mediraic Contributions 1,328.00 161.2600 94.46 147.88 (53.42) .5605538 1,133.54 1,960.27 (846.73) -74.7058 Eleald9Dental Insurance 19,940.00 113.6707 1,533,85 1,450.80 83.05 5.415, 15,406,15 (6.653.40 1.722.75 9.36% Uncinploymcot Ilene his 0,00 0,005/0 0.00 0290 0.00 0.00% ITN) 0.011 0,181 0.00% 11/or}wrs Compensation 4,0110.00 1.14.27%, 11.00 0.00 0.00 B00% 4 .000.401 .1,579 91 (570,91) -14.21% Shop Materials .5110.011 238.32% 50,00 49.91 0.09 0.185, 450,00 1,191,62 (74).62) -164.80% Chemicals 750.130 104.99% 6150 0,00 02,511 (00.0058 687.50 787,39 (99.39) .14.5300 Equipineni Pills 2,900,00 89,02% 170.0U 0,00 I 7U.00 100.0058 1,830,00 1,780.35 .19,65 2.71% Building Repair Sopphes 500,00 15.260. 511410 0,00 511.00 100,0058 450.00 76,32 373.65 03.154510 Landscaping Materials 3,1(00,00 71417% 750.00 152,12 97.5R 39.150. 7,750,00 2,136115 393.95 21.600. Small Tools and Minor Equip 1,0110.00 176,46% 0141.10 200.00 (120.001 .150,0058 920.00 1,764.60 (844,6(1) .91,505, NEI enge UAW 0.130% 01) 0,00 0.00 0.00% 0.00 0.00 11,00 0.01158 Insurance 3,209.611 95.113% 0.00 0.110 0.00 0.00% 3,200.00 3,04 1.150 159.00 4.9758 Electric lliility 8,5110,00 91A7% 850.00 424,92 425,08 50.01% 7,650.00 7,774.06 ((24.68) -1.6301, Rellise 2,500.00 0.11084 211633 0.00 2118,33 10,01158 2,291.63 0,05 2.291.63 I 00.0000 Repair/M0n4l 1.11,4 1,1100.00 129.41% 00.00 0.00 80.00 100.0038 920.00 1,294.07 (374,07) .010.6056 Repair/NUM NOT Bldg 2,500,110 116,975/0 200.00 0.00 20.00 100.003; 2,300.0U 2,924.25 (624.25) .27, 14% RepaeMaini Equip 1,500.00 0.007, 125,00 0.00 1.7.5.00 100.000. 1,375.0U 426.14 948.86 69.0154, Renlal duildinv 4,6012.00 157215'0 333.35 8261111 0142.671 .115.4858 4,216.63 7,231.78 (3,015.15( -7).5)% Miscellaneous 750.00 122.4107 6230 0.011 62.50 100.003; 687.56 9 I S.06 (230.361 -33.34% Total Parks & Recreation 153,1128.00 140.17% 11,550.74 15,300.23 (3.749.49) -32.4696 141,477,18 214,496.22 (73.1/19.1)4) -51.61% IT & Telephone 13000.00% IT -I lardware 9,10(1.00 57.47% OBI) 0,00 5,229,38 IT-Sorra-care 16,000.00 46.93% 1,33100 0,00 1,313.01.1 100.(1058 144,6556°3.'0°0° 7,31.121.00 5",615795.'t3106) 534.38 -41 84 .8' 01,'' IT-Supper15erviers 36,000.00 90.18% 3.000.110 2,931,12 43.50 0E06025%; i c01.06021,;8 33,000,00 5,850 COI 32,465.62 IT.Networking 7,8110.00 11.00(111° 0.00 0.00 0,00 5,830.00 OJAI% 0,00% 16,000.00 NET Contingency 16,000,0(1 0.00%0,00 042.15 0.00 0.00 1(5,000.00 Telephone 24,600.011 6.1.172‘ 2,033.001,212,85 4509.'6°12%8' 15,824.78 8 86,.37 8711).:20 12090.901,1;/: Total IT a'Ig. Telephone 109,560,00 55.70%1 6,3818.00 2,594.43 2,62:660685:00toi 61,927.78 36.8707 t 3,793.57 3.5,6411.22 3.17% 199,832.29 Crum) Total all Expenses 3,316,316,00 81-36%' 193,957,97 (5,874.32) 2,786,496.61 2.698,124,71 -3.03% 9,56% 11113,2101.37 Sublotal Net Income OW Expenses 482,118.00 .60L.IT'/ol (124,69,0,,.,7,02) (112,764.66) (471902.36) (290,100.99) 11,926416 36.78% DEPT 460 .. CON1P ATM 35,000.00 0,00% 0,00 OA 0.00 UAW 0.00 0.001, Comp adjustments music angel,- in the individual department capons,: Imes 0.005/0 BOO 00 „ il xl 0:: Annual adjustments made wen: appnbximmely 535k. 0.00 Debt Service increase 247,118.00 0.110 0.01/ 0.1511 ow (im%o.no% 0.000. Transfer lo City Projects (Slreels) 0,011 0,00 0 00 0,00 0.00 r1,181 0,0058 DEPT 493 - I/1111 FINANCING 200,000,00 0.00% 0,00 0.00 OAP 0.00 0.1.3 ON 0,00% 0.00 GRAND TOTAL E371' ,1_11 DEPTS 3,798,334.00 71.03"/. 193,957.97 199,1132.29 2,7E16,496.61 2,698,124.71 311:107115; (5,874.32) 88.371.90 38.73% -3413% 9,56% 073,911236) (290,100,99) Nrt Income over 1S:sperms 0.014 0.070' (12.4,690,72) (112.76-1.66) 11,926.116 183,001,37 Cite ()FLake Flipp lidera in Actual 2015 By Mon111 As of November 30 2015 206-1,ibrmy Fluid F.y_Deportnictil RENTINUE ['uncut Ad Valorem Taxes Rcolul Income Interest Earnings Miscellaneous Revenue ()ominous Total Revenue EXPENSE rr Salaries PT Salaries l'ERA Contributions FICA Contributions Medicare Connibutions 1 leallInDelual Insurance Unenipluyment Benefits Workers Ccunpeusal an Library svcs supplies Office Supplies Library Collection NI niulcinince Legai Services Contrael Services Tclepholie Iplernet Information Teclinolog.y (Equip() Software Insur(ince Ulililies Refuse RepairAlainl Bldg Repair.,Mainl NOT Bldg Repair -Mann Equip oui-u 1 inir Library Card Reinibitrselnems Aliscellancous Building PUItIlaSC RCI)1111 Building -Property Tax Oilier Equipment Subscriptions Coulerences & Training Programs litienial charges Total Library 12,15:2015 Full l'car BlIDEiET I 2015 2015 3'n to dale I 131.11)61I,F 231.261 00 11.400.00 0410 0.00 0.00 242,661.00 45.000.00 I 6.000.00 4,422,511 3„782.al 884.50 11,987,00 0,00 3541.00 1,100410 4.100,00 49,700,00 2.000.00 34100.00 1,600.00 1.0(10.00 3.220.00 0.00 2.7004/0 7.550.00 550,00 14.000,00 41.00 0.00 24,000.00 21/00.00 0.00 2,000.00 0.00 U.0() 2.50(1.00 7.5110.00 1.600.00 213,146.00 Net Income/(Expensc) 29,515,1/0 12;3 4,14 Cash Balance 177.205.10 NI IlicoinclEspense) Accrued AP C11' (self )'unded/ Crinlingencies 2014 Al' accrual reversal Cash Balance 29.515,00 (70,000.00) 0.00 50.00% 229,9534) 140(1% 0. ()t)9; I 00.00`..yr, 59.0514, 92,78340 55.663; 35.53°f, 77.81% 77,81% 104.387; 11.00%, 1E00% ().00% 35.0854 51,.99% 75.30% 3.45% 76.93% 73,13% 96.27% 0.00% 69,74% 84.233; 99.56% 160.14% 0.00% I 00,00% 95.073; 14.08% 0.01)% 89,77% 100.01.1% 0,00% 0.0040 0.00% 26.13°; 78.07"/n 1400 950.011 0.00 0.00 0,00 950.00 3,750,00 1,333,33 363,5,1 315,17 73,71 998.92 0.00 0.0U 91,67 341.07 4,141,67 0.00 250.00 133,33 83.33 0.00 0.00 0,00 616,06 45.83 1.160.67 0410 0,00 1.000.00 160,66 0.00 0,00 ()Ain u,Oo 0.00 625331 130.00 15,632,16 Mona) 2015 ACT UALS 0.00 0.00 0.00 0,00 0.00 0,01) 3.460.84 1.000,00 33-1.51 302,27 7070 1,033.00 0.011 0,00 0.00 250.81 4,328.05 0.0U 0,00 04)0 0.00 0.110 0.00 0.00 327,73 49.89 1,618.58 0.00 0.00 1.197,00 ULM 0.00 0.00 0.00 0.00 15.00 0.00 4.00 14,803,38 .682,161 ( I 4.8113.33) Over,' Diluter) OM( t (95W1)1) U.00 0.01) 0.110 (910.00) (Ovcrl' under 289.16 (332.67) ((5,97) 12.90 3.01 (89,08) 0.00 0.00 91.67 90.86 ((86.38) 0.00 2503)0 133.33 83.33 0.00 0,00 0.00 238.93 (4.06) 1,151,91) 0.00 (400 (197.00) 160.66 0,00 0.00 0.00 0.00 (55.1)0) 62 5.01) 126.00 828.78 (12(.22) 20)5 BUDGET I 15,030.50 9.501400 VAR] 0 00 0.(10 125.131).50 41,250,00 1,1,01)6.67 4,053,96 3,460,83 810.79 10,988.03 0410 350.00 1,0118.36 3,758,37 45.558.33 1.500.00 2,750.00 1.406,63 916.67 3,220.00 0.00 2,701./.00 6.933.26 504.13 12,833.33 29,515.00 0.00 22.7000(1 1,833.26 (1.00 2,600.00 0.00 0.00 2,500.00 6,875.00 1.470.00 226,228,67 .093.171 \JD 20)5 ACTUALS 115,631450 26.214.00 0.00 200.55 1,235.00 143,280.05 41,750.18 8,905.50 3,782.60 2.942.67 038.25 12,512.0(1 0.00 0,00 0.00 1,438.10 28„324.34 1,516.00 103.50 1,230,91 731,29 3.11)0.00 ULM 1,383,110 6,359.63 547.57 22,419,84 324,77 420.1111 22„317.65 293.62 0.013 2.334,00 738.110 0,00 330,00 omo 418410 166.;411.48 Over (wider) 0.00 10.714.00 0.00 2oo.55 1,235,00 18,149.55 undcr 1500- 1 ri) 5,761.17 271.30 524.16 122.54 (1.523.92) 0370 350.00 1,003.36 2,320 27 17.2.33.99 ((6.00) 2,646.50 235.72 185,33 1204) (1.110 817,00 573.63 (43.44) (9,580.5)) 28,090.23 020,00) (117.65) 1.539.64 0.01) 266.00 (738.0))) 000 2.170,00 6.875,00 1,052.00 .59,817.19 (23,131.434 77.966,74 (4835', -77.)25; 200,407.26 (23,131.43) (4,603.87) I 78,071.90 Notes Funds received Flom \VA (ly and December Includes 520.60 delinquent rept from prior Implant Revcinie 0,1111 use 111 cnpier Midget 5110Wed 111011011y COSt; Ill/t of mulliple pay period months Cos! in recover delitunicin icip from prinr le10000 Snow Plowing YID includes Roof tepail 1.i0rary call reioili are processed by Comity ell 5 1:15 $2 pe cord processing lec ('ily resources Ti criTY LA.KE ELN 0 AYOR & COUNCIL CO UNICATION DATE: December 15, 2015 CONSENT ITEM # 4 AGENDA ITEM: Approval of 2016 Liquor License Renewals — Prom Management & Elmo Liquor SUBMITTED BY: Julie Johnson, City Clerk THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Julie Johnson, City Clerk Washington County Sheriffs Office (Pending) SUGGESTED ORDER OF Introduction ol Item ........ .... Report/I' resentat ion.. ...... ............ ........ „ ..... Sta Questions loin Council to Staff ............... ...... . ......... .............. Mayor l'acilitates ('all for Motion ..... Mayor & City 1)iscussion ....... ...... ..... Mayor & Council Action cmi. Motion..„.,.......... ..... ......... ..... Mayor Facilitates POLICY RECOMMENDER: Staff FISCAL IMPACT: License application revenue of S2,100 SUMMARY AND ACTION REQUESTED: The City has received liquor license renewal applications for 2016, required fees, and insurance certificates. As all applications are in order, it is respectfully requested that the City Council approve these renewals as part of its Consent Agenda. If removed from the Consent Agenda, staff recommends the following motion: "Move to approve 2016 Liquor License Renewals, as presented." LEGISLATIVE HISTORY: According to State Statute and City Code, each year, all Liquor Licenses must be renewed. All renewals are contingent upon approve by the Washington County Sheriff's Department. BACKGROUND INFORMATION: The City is respectfully requested to consider granting the following 2016 Liquor License applications: -- page City Council Meeting [Consent Agenda Item 4] December 1, 2015 On -sale intoxicating liquor and On -Sale Sunday intoxicating license to Prom Management Group for Tartan Park Restaurant; contingent upon approval by the Washington County Sheriffs Department. Off -sale intoxicating liquor license to Elmo Liquor; contingent upon approval by the Washington County Sheriff's Department. RECOMMENDATION: As all applications are in order, it is respectfully requested that the City Council approve alHiquor license renewals. As part of its Consent Agenda, no formal motion is required. If removed from the Consent Agenda, staff recommends the following motion: "Move to approve 2016 Liquor License Renewals, as presented." TI.IF CITY OF LAKE ELIV 0 AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AY() COU Monthly Assessor Report Dan Raboin, City Assessor Cathy Bendel, Finance Director Cathy Bendel, Finance Director CIL CO U ICAT 0 DATE: December 15, 2015 CONSENT ITEM #5 SUGGESTED ORDER OF BUSINESS,: Introduction of Item ......... .......... ..... City Administrator - Report/Presentation.................. ..... Administrator Questions from Council to Facilitates - Call for Motion . ..... ............. ........ ................ ...... ........ Mayor & City Council Discussion........... ...... ...... ............. ............ ...... Mayor & City Council Action on Motion__ ........ ..... ......Mayor Facilitates SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly assessor report for through November 2015 outlining work performed on behalf of the City of Lake Elmo. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION,: Property splits/plats — 2 Sales collected and viewed — 13 Taxpayer inquiries — 11 Miscellaneous inquiries - 4 Inspections — Residential — 73; Commercial — 2 Building pennit reviews — 28 Pictures taken — 76 Other work pet -font -Led included: • Monthly meeting with County residential and commercial supervisors • Input of all inspection and permit work -- page City Council Meeting. [Consent Agenda Item #5] December 15, 2015 Perform sales verifications and land value analysis using MLS and other resources Field telephone inquiries RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the November 2015 monthly assessor report. -- page 2 - TI (TIN LAKE ELN' 0 AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYO COU CIL CO U ICATIO DATE: CONSENT ITEM MOTION New Single Family Horne Permit Report Rick Chase, Building Official Rick Chase, Building Official Clark Schroeder, City Administrator December 15, 2015 6 SUGGESTED ORDER OF BUSINESS: Introduction of Item.............................................. ........... City Administrator Report/Presentation ........ . ....... .......... ...... ...........City Administrator Questions from Council to Staff................ .......... ........ ......Mayor Facilitates Call for Motion ...... ...... ....... ....... ....... ......... ..... ...... Mayor & City Council Discussion........... ...... ....... ..... .................................... ...... Mayor & City Council Action on Motion. ...... .......... .......... ......... ...... ...... ..... ..........Mayor Facilitates SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly new single family home permit report through November, 2015. No specific motion is needed as this is recommended as part of the Consent Agenda, LEGISLATIVE HISTORY/BACKGROUND INFORMATION: New Homes Total valuation Average home value Total Valuation YTD 2015 125 $40,756,287 326,050 45,927,444 2014 30 $15,902,815 530,093 26,098,162 2013 32 $14,603,169 456,349 18,436,843 One new home rebuilt in 2015 due to fire. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the November, 2015 monthly new home buildingpermit report. -- page TI IF, CITY OF LAKE ELMO AYOR & COUNCIL CO UNICATION DATE: December 15, 2015 CONSENT ITEM # 7 AGENDA ITEM: Driveway Encroachment & Maintenance Agreement SUBMITTED BY: Joan Ziertman, Planning Program Assistant THROUGH: Clark Schroeder, City Administrator REVIEWED BY: Stephen Wensman, City Planner SUGGESTED ORDER OF BUSINESS (if removedfrom consent atm) da lut rothict ion of Item ...... ..... ...... ...... S tail Report/Presentation__ . „ „ ...... ...... Questions from Council to Stall..............................................Mayor 'Facilitates Call for MotionMayor & City Council I)iscussioii.......................................................................TV1iyor & (.7ity Act ion on Mot ion ..... ..... Mayor Facilitates POLICY RECCOMENDER: Staff recommends that the City Council approve the Driveway Encroachment arid Maintenance agreement for Jeerasak Poophakumanart at PID #24.029.21.13.0004. FISCAL IMPACT: None SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to authorize as part of tonight's consent agenda, the execution of a driveway encroachment and maintenance agreement. The City has received a request to install a driveway within an unimproved portion of the public right-of-way owned by the City. Homeowner and City intend that Homeowner shall be responsible for maintaining, repairing and replacing the Private Driveway. Staff is recommending that the City Council approve the ch-iveway encroachment and maintenance agreement as part of the Consent Agenda. If the City Council removes the item ,from the Consent Agenda, the reconunended action can be completed through the following motion: -- page 1 -- City Council Meeting [Consent Agenda Item] December 15, 2015 "Move to approve the driveway encroachment and maintenance agreement for Jeerasak Poophakumpanart to install a driveway within an unimproved portion of the public right -op way owned by the City. LEGISLATIVE HISTORY: The Driveway Encroachment and Maintenance Agreement that has been submitted for Council consideration is for a driveway and has been reviewed by planning and engineering staff. The proposed driveway meets all city code requirements and Staff would have otherwise authorized construction of the driveway if it did not encroach into the unimproved portion of the public right-of-way owned by the City. BACKGROUND INFORMATION (SWOT): Strengths: The Driveway encroacl-unent and maintenance agreement is a legal document that all property owners seeking to install driveways within unimproved portions of public right-of-way owned by the City are required to sign. The document, among other things, indemnifies the city from responsibility if damage occurs to the improvement or if it needs to be removed at some point in the future. Weaknesses: None Opportunities: None Threats: None RECOMMENDATION: Based on the forementioned, Staffis recommending that the City Council approve the driveway encroachment and maintenance agreement as part of the Consent Agenda. If the City Council removes the item from the Consent Agenda. the recommended action can be completed through the following motion; "Move to approve the driveway encroachment and maintenance agreement for Jeerasak Poophakumpanart to install a driveway within an unimproved portion of the public right-of- way owned by the City" -- page 2 -- ton Coi1n Parcel ID: 2402921130004 Parcel Address: CITY OF LAKE ELMO Created on 11/30/2015 480 960 1,920 Feet MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT This drawing is the result of the compilation and reproduction of land records as they appear in various Washington County offices. The drawing should be used for reference purposes only. Was hingmnCounty Is not responsible for any inaccuracies. CITY OF E ELN 0 AGENDA ITEM: SUBMITTED BY: THROUGH: AYOR & COUNCIL CO DATE: CONSENT ITEM # Eagle Point Blvd Street and Utility Improvements Ryan Stempski, Project Engineer Clark Schroeder, Interim City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director UNICATION December 15, 2015 — Pay Request No. 4 SUGGESTED ORDER OF BUSINESS i removed from the Consent A, - Questions Iron' Council to Staff...........__..... ,,,,, ......“.... - Public Input, if Appropriate ..... - Call for Motion ................................... ........ ...... - Discussion. ....... .................. ............. ...... - Action on Motion........ ............... . ..... . ..... Mayor Facilitates Mayor IFaci I itates Mayor & City Council Mayor & City Council ....... Mayor Facilitates 8 POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving Pay Request No. 4 for the Eagle Point Boulevard Street and Utility Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 4 to Miller Excavating, Inc. in the amount of $248,523.00 for the Eagle Point Boulevard Street and Utility Improvements". -- page 1 -- City Council Meeting [Consent Agenda Item 8] December 15, 2015 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Miller Excavating, Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 4 in the amount of $248,523.00. The request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5°/0 of the total work completed. The amount retained is $49,586.26. RECOMMENDATION: Staff is recommending that the City Council consider approving, as part qf the Consent Agenda, Pay Request No. 4 for the Eagle Point Boulevard Street and Utility Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 4 to Miller Excavating, Inc. in the amount of $248,523.00 for the Eagle Point Boulevard Street and Utility Improvements". ATTACHMENT(S): 1 Partial Pay Estimate No. 4. -- page 2 -- PROJECT PAY FORM - PARTIAL PAY ESTIMATE NO. 4 . EAGLE POINT oLVoSTREET mUTILITY IMPROVEMENTS PROJECT NO. 2015.120 PROJECT OWNER: CITY BFLAKE EUNO 38O0L4V[RmEAVENUE NORTH LAKE ELxxO,MIN 55042 ATTm: JACK GRIFFIN, CITY ENGINEER No. CONTRACT CHANGE ORDER SUMMARY Approval I Amount Date Additions l 8/4/ZO2I 2 11/4/2015 TOTALS $0l0 NET[HANGE | ($28'500�00) ' START DATE: soa}TAwTmL COMPLETION: FINAL COMPLETION: Deductions $28'5O8.00 $28,500.00 CDNTRA[TIME ORIGINAL DAYS REVISED DAYS ncxxx|N|mG ENGINEER'S CERTIFICATION: The undersigned certifies thatthework has been reviewed and to the best nftheir knowledge and belief, the quantities shown inthis estimate are correct and the work has been performed in accordance with the contract documents. CONTRACTOR'S CERTIFICATION: The undersigned Contractor certifies that mthe best uftheir knowledge, information and belief the work covered hythis payment estimate has been completed |naccordance with the contract documents, that all amounts have been paid hythe contractor for work for which previous payment estimates was issued and payments received from the owner, and that current payment shown herein |s now due. APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY , ENGINEERING, inc. PERIOD OFESTIMATE FROM 11/2/2015 TO 11/30/2015 CONTRACTOR: MILLER EXCAVATING, INC. ]63aSTAGECOACH TRAIL NORTH ST|LLVVATER,yNN550VZ PAY ESTIMATE SUMMARY 1-Original Contract Amount 2.Net Change Order Sum lRevised Contract (l+Z) 4. *Work Completed 5. *Stored Materials 6.Subtotal (4+5) 7.RetainaOe* 5.0% 8.Previous Payments 9.Amount Due (6'7-8) *Detailed Breakdown Attached 320 O 198 FOCUS Engineering, inc. BY BY $1,249,494.09 '$28'500.00 $1,220'994�09 $991,725.11 $0.00 $99l'72I1l $49,586.26 $693,615.85 $248,523.00 ON SCHEDULE YES NO FOCUS Engineering, inc. PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 4 EAGLE POINT BLVD STREET & UTILITY IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2015.120 ENGINEERING, inc. ITEM DESCRIPTION OF PAY ITEM DIVISION 1 - GENERAL 1 MOBILIZATION 2 TRAFFIC CON IRO) 3 SILT FENCE 4 INLET PROTECTION 5 TEMPORARY ROCK CONSTRUCTION ENTRANCE 6 STREET SWEEPING 7 6" TOPSOIL AND SOD 8 HYDRAULIC MULCH (TEMPORARY) SUBTOTAL DIVISION 1 CONTRACT AMOUNT TNIS PERIOD j TOTAL TO DATE UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT LS 100 5E9,900.00 $29,900.00 005 $1,495.00 0,60 523,920.00 LS 100 S6.850,00 56,150.00 0.05 $342,50 0,80 55,180.00 LF 3,10000 $2.00 56,200 DO 0.00 50.00 1,550.00 $3,100.00 EA 17.00 5200.00 53,40000 0,00 50,00 17.00 $3,400.00 EA 2.00 51,000,00 52,000.00 0,00 $0.00 2.00 $2,000.00 HET 20.00 5100.00 $2,000.00 4.50 $450,00 8,50 5850.00 SY 5,195.00 510.50 S54,022,50 1,780.80 $18,698.40 1,780.80 $18,698,40 SY 2,575.00 51.15 52,961.25 0.00 50.00 0.00 50.00 5107,333,75 620,905.90 557?48.40 DIVISION 2 - SANITARY SEWER I 9 CONNECT TO EXISTING SANITARY SEWER MANHOLE EA 2.00 52,800,00 55,600.00 0.00 $0.00 2,00 55,600,00 10 SANITARY SEWER PIPE- 6" LE 764,00 $33,60 $25,670.40 0.00 50.00 764,00 525,670.40 11 SANITARY SEWER MANHOLE- TYPE 301 EA 3,00 $3,40000 510,20000 0,00 50.00 3,00 510,200.00 12 EXCESS MANHOLE DEPTH LE 12,00 5240.00 $2,880.00 0,00 50.00 2200 S2,880,00 13 REMOVAL OF UNSTABLE FOUNDATION MATERIAL CY 42,00 552,00 52,184.00 0,00 $0.00 0.00 $0 00 14 STABILIZING AGGREGATE BORROW CY 42.00 $68.00 $2,856.00 0,00 50,00 0.00 $0.00 15 TELEVISING LF 76400 53.50 $2,674,00 0.00 S0.00 11.00 $0.00 SUBTOTAL. DIVISION 2 552,064.40 $0,00 544,350.40 DIVISION 3 - WATERMAIN 16 CONNECT TO EXISITING WATERMAIN 17 6" GATE VALVE & BOX 18 12" GATE VALVE 19 16" BUTTERFLY VALVE & BOX 20 HYDRANT 21 16" DIP CL 52 WATERMAIN 22 REMOVE AND REPLACE VALVE BOX 23 16"X45° BEND NU DUCTILE IRON COMPACT Oil INC 24 16`x16" TEE M1 DUCTILE IRON COMPACT FITTING 25 16"X12" REDUCER M1 DUCTILE IRON COMPACT FITTING 26 16"X6" REDUCER MT DUCTILE IRON COMPACT- FITTING 27 4" POLYSTYRENE INSULATION SUBTOTAL- DIVISION 3 EA 1.00 $2,650.00 52650.00 0,00 50.00 1.00 EA 1,00 51,990,00 51,990.00 0.00 $0.00 1.00 EA 2.00 54,770.00 59,540.00 0.00 $0.00 2.00 EA 1.00 $4,990.00 54,990,00 0.00 50.00 1.00 EA 1.00 54,560,00 $4,560,00 0,00 50.00 1.00 LF 209.00 5108.00 $22,572.00 0,00 50.00 2301.00 EA 2 00 5985.00 51,970.00 0.00 50 00 2,00 EA 1,00 51,560.00 51,560,00 0,00 $0.00 1,00 EA 1.00 52,190.00 52,190.00 0.00 50,00 2.00 EA 2.00 51,380,00 $2,760.00 000 5000 2.00 EA 1.00 51,270.00 $1,270.00 0,00 50.00 2,00 SF 32.00 $10.00 5320,00 0.00 $0,00 32.00 $56,372.00 50.00, DIVISION 4 - STORM SEWER 28 REMOVE EXISTING STORM SEWER STRUCTURE EA 2.00 5400.00 5800.00 0.00 so 00 29 REMOVE EXISTING STORM SEWER (ALL TYPES AND SIZES) LF 65.00 515.00 $975.00 0.00 $0.00 30 CONNECT TO EXISTING STORM SEWER STRUCTURE EA 2.00 $090.00 51,700.00 0.00 $0.00 31 STORM SEWER PIPE -12"RCP LF 117.00 $33.00 $3,861.00 000 50.00 22 STORM SEWER PIPE-15" ACP LF 971.00 $34.50 S33,499,50 000 S0.00 33 CAI CH BASIN- TYPE 404 EA 3.00 $1,695.00 55,085 00 000 50,00 34 CATCH BASIN/MANHOLE - TYPE 406 EA 7,00 $2,665,00 S18,655.00 000 50.00 35 RESET EXISTING CATCH BASIN CASTING EA 2.00 5475.00 S950.00 200 5950,00 36 REPAIR EXISTING CATCH BASIN CONCRETE 5F 27.00 $36.00 5972 00 0.00 $0.0D SUBTOTAL - DIVISION 4 566,577.50 5950.00 DIVISION 5 - STREETS 37 SALVAGE POST AND SIGN EA 11.00 560.00 5660.00 5.00 5300.00 38 REMOVE RUST AND SIGN EA 1.00 $60.00 560.00 1,00 560 00 39 SAWCUT BITUMINOUS OR CONCRETE LE 553.00 53.00 51,659.00 0.00 50,00 40 REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT (DRIVEWAY) SY 266.00 $5,00 $1,330.00 0.00 50.00 41 REMOVE AND DISPOSE OF EXISTING CONCRETE PAVEMENT I DRIVEWAY) SY 380.00 56.00 52,2130.00 0.00 $0.00 42 REMOVE AND DISPOSE OF EXISTING CONCRETE CURB LF 7,036.00 $2,00 $14,072,00 31.0(2 562.00 43 COMMON EXCAVATION 11 1,00 $214,450.00 $214,45000 000 50.00 44 SELECT GRANULAR BORROW )CV) IP) CY 12.000-00 511.95 S143,400.00 0,00 50.00 45 SUBGRADE CORRECT ION 5Y 2,700.00 $9.00 524,300,00 0.00 $0.00 46 SUBGRADE PREPARATION RS 34.00 $150.00 55,100.00 0.00 50.00 47 CLASS AGGREGATE BASE TN 9,850.00 $12.65 $124,602.50 1,862,00 $23,654-30 48 AGGREGAI E TRAIL RESTORATION TN 8.00 580.00 572000 7.20 S516.00 49 BITUMINOUS NON -WEAR COURSE TN 1,826.00 562,00 S223,150.00 1,724,08 5106,892.96 2.00 65.00 2.00 117.00 971.00 3,00 7.00 2,00 0.00 5.00 1,00 538.00 266.00 42.00 7,111.00 1.00 12,000.00 46E100 34.00 8,869.00 7,20 1,724.08 $2,650 00 51,990,00 59,540.00 54,990.00 $4,660.00 524,040.0E 51,970 01 $1,560 00 54,380.00 52,760.00 52,510.00 $320.00 562,100 001 5975,00 $1, 700.00 53,061.00 533,499.50 55,085.00 518,6$5.00 595E300 50,00 $65,605.50 $300.00 560.00 51,614.00 $1,330.00 5252.00 514,222.00 5214,450.00 $143,401200 $4,212,00 $5,100.0 5112,192.85 $576,00 $106,892.96 CONTRACT AMOUNT 1 THIS PERIOD ITEM DESCRIPTION OF PAY ITEM UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT 50 BITUMINOUS WEAR COURSE TN 1,825.00 562.00 5113.150.00 0.00 $0.00 51 BITUMINOUS MATERIAL FOR TACK COAT GA 842.00 $3.00 52.525.00 155.00 5465 00 52 CONCRETE C0R8 AND GUTTER LF 6,596.00 $12,00 579(152.00 6,677.00 $30,124.00 53 DRIVEWAY VALLEY GUTTER EA 4.00 $2,970.00 SiLaso on 3.00 58,910.00 54 57 CONCRETE DRIVEWAY PAVEMENT SY 40.00 555,00 $2,200.00 40.00 $2,200.00 55 BIEUMINOUS DRIVEWAY PAVEMENT 5Y 295.00 $27.00 $7,965.00 149.00 $4,023.00 55 PERFORATED PVC EDGE DRAiN LE 6,660.00 $9.00 559,940.00 0.00 50.00 57 DRAINTILE CLEANOUT EA 5C.00 6150.00 57,500.00 0.00 50.00 58 DRAINTILE CONNECTION INTO CATCH BASIN EA 8.00 5400.00 53,200.00 0.00 MOD 59 PRECAST CONCRETE HEADWALL FOR DRAINTILE EA 6.00 $515,00 $3,090.00 0.00 50.08 60 ADJUST MANHOLE CASTING EA 4,071 $600.00 S2,400.00 4.00 52,400 00 61 ADJUST GATE VALVE aox EA 18.00 $350.00 $6.300.00 16.00 $5.000.00 62 FURNISH SIGN PANEL SF 15.00 $45.00 $675.00 0.00 50.00 63 INSTALL SIGN PANELS EA 2.06 $200,00 $400.00 0.00 50.00 64 (E' SOLIO LINE WHITE EPDXY LE 7,116.00 $0.53 $3,771,48 0.00 50.00 65 4" SOLID LINE YELLOW EPDXY LE 1,524.00 $0.53 580472 0.00 50.00 66 4" BROKEN LINE YELLOW EPOxY LF 2,558.00 $0.53 $1,355.74 0.00 $0,00 67 STOP BAR 'POI)' PREFORMED EA 2.00 $1,200.00 54400.00 0.00 $0 00 68 TEMPORARY PAVEMENT STRIPING 15 1.00 64,500,00 54,500.00 1.00 54,500.00 69 PAVEMENT MARKINGS- POLY PREFORMED EA 10.00 $815.00 55,150,00 0.00 $0.00 SUBTOTAL. DIVISION 5 $967,146.44 $239,667.26 TOTALS - BASE CONTRACT 51,249,494.09 CHANGE ORDER NO. 1 col 1 PERFORATED PVC EDGE DRAIN LF C01-2 DRAIN FILE CLEANOuT 195 TOTALS - CHANGE ORDER NO. 1 (2,850.00) $9.00 (19.00) 5150.00 -525,650.00 .62,350.00 -S28,500.00 TOTALS • REVISED CONTRACT $1,220,994,09 0.00 0.00 TOTAL QUANT[TY 0,00 156.00 6,677.00 3.00 40.00 149.00 4,273.0E) 31.00 0,00 6.00 4.00 16.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 0.00 0 DATE AMOUNT 50.09 5165.00 580,124.00 58,910,00 52,200.00 54,023.00 638,457.00 $4,550.00 53,200.00 $3,090.00 $2.400.00 55,500.00 50.00 So on 10.00 50,00 50.0o 50.00 51.800 no 50,00 5762,.720.91 $261,603.16 $991,725,11 50,00 90,00 Somo 0 0 So on So oo So.00 5261,603.16 $991,725.11 TI 1U CITY OF LA K E ELM() AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION Oakdale Gun Club Conditional U Stephen Wensman Clark Schroeder Joan Ziertman SUGGESTED ORDER OF BUSINESS: DATE: 12/15/2015 REGULAR ITEM #: 9 MOTION e Permit Amendment - Introduction of Item Staff - Report/Presentation .......... . ............. .......... . ............ ........ ........ St aff - 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 SUMMARY AND ACTION REQUESTED: The Oakdale Gun Club is requesting a Conditional Use Permit Amendment to allow two trap shooting shelters for use on the. site. Staff and the Planning Commission are recommending the City Council approve the request with no conditions with the following motion: "Move to recommend approval of the CUP Amendment to allow the use of two additional trap shooting ranges on the Oakdale Gun Club site." BACKGROUND AND STAFF REPORT: The Oakdale Gun Club has an existing conditional use permit for the gun club operations, defined as restricted recreation by city ordinance which is a conditional use in the Agriculture Zoning District. The Oakdale Gun Club has been operating under conditional use permit approved in 1988 by resolution (Resolution No. 88-5) which has served as the basis for compliance. The Conditional Use Permit has been amended several times in the past. This amendment is to allow an additional two trap shooting shelters for use on the site. Trap shooting has become a popular high school sport. The Minnesota 'Department of Natural Resources (MnDNR) has encouraged gun clubs to facilitate this growing sport. Presently the Tartan High School team uses the Oakdale Gun Club's existing trap range, but other school teams such as Stillwater, North St. Paul and Oakdale are also interested. This expansion is proposed to accommodate the growing sport of trap shooting for high school teams. When reviewing the proposal, Staff suggested conditions binning the use of the additional trap ranges to the time periods and dates the gun club suggested were in demand and for high school use only to minimize potential noise. The Planning Commission discussed traffic and noise. The Commission was sympathetic to noise and traffic concerns, but did not feel the use changes would significantly increase noise or traffic, and felt the conditions suggested by Staff would be difficult to enforce. At the public hearing, the Planning Commission discussed restricting gun club weekend hours for all operations to 10 AM to 1/2 hour before sunset, however a subsequent motion did not move forward. The Planning Commission determined that they did not want to restrict the club operations such that they would have to come back for another Conditional Use Permit Amendment if the demand for the trap shooting ranges grew beyond the high school use. Therefore, the Planning Commission recommended approval of the Conditional Use Permit Amendment without condition. LOCAL CONTROL LIMITATIONS: On May 28, 2005, the MN State Legislature passed the Shooting Range Protection Act which effectively puts limits on local control over shooting ranges. Staff has attached MN State Statute Chapter 87A for reference. RECOMMENDATION: Staff and the Planning Commission are recommending the City Council approve the request with no conditions with the following motion: "Move to recommend approval of the CUP Amendment to allow the use of two additional trap shootin ranges on the Oakdale Gun Club site." ATTACHMENT(S1: • Resolution 20 5-87 to approve the Oakdale Gun Club Conditional Use Permit Amendment • Planning Commission packet of 11/23/15 • -Pl-aititintf,-C-entritission -nti-nuies-erf- -1-7L2-3,/-1-5-- • Gun Club Site Plan • MN State Statute Chapter 87A STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO Resolution No. 2015-87 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT AMENDMENT TO ALLOW TWO ADDITIONAL TRAP SHOOTING RANGES ON THE OAKDALE GUN CLUB SITE. WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, The Oakdale Gun Club has submitted an application to the City of Lake Elmo (the "City") for an amendment to the existing Conditional Use Permit to add 2 trap shooting ranges to their existing 40 acre site. WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.017; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on November 23, 2015; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated December 15, 2015; and WHEREAS, the City Council considered said matter at its .December 15, 2015, meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following findings: FINDINGS 1) That the procedures for obtaining said Conditional Use Permit Amendment and are found in the Lake Elmo Zoning Ordinance, Section 154.106. 2) That all the submission requirements of said Section 154.101 have been met by the Applicant. 3) That the Conditional Use Permit Amendment meets the review criteria for Conditional Use Permits (Section 154.106). CONCLUSIONS AND DECISION Based on the foregoing, the Applicants' application for a Conditional Use Permit amendment is granted. Passed and duly adopted this I 5th day of December 2015 by the City Council of the City ofLake Elmo, Minnesota. Mike Pearson. Mayor ATTEST: Julie Johnson, City Clerk CO 1 Statement for Amendment to Existing Conditional Use Permit Written statements 2(a) Oakdale Gun Club is a not for profit corporation located at 10386 10'- Street, North, Lake Elmo, MN 55042. Club officers are elected on an annual basis. Our current president is Jerome Marah. His contact information is presidentoakdalequnclub,orq. Our current General Manager is Teresa Reiter. Her contact information is qmoakdalegunclub.orq. 2(b) The Southeast Quarter of the Southwest Quarter (SE 1/4 of SW %) of Section Twenty-six (26) in the Township Twenty-nine (29) North of Range Twenty-one (21) West, SUBJECT to easements in favor of American Telephone and Telegraph Company of Minnesota, recorded in Block 118 of Deeds, page 554, and 135 of Deeds, page 374, in the office of the Register of Deeds in and for said County and State. More commonly known as 10386 10th Street North; PID Number 26-029-21-34-0001 2(c) Oakdale Gun Club has existed as a gun club/outdoor shooting range in its current location for approximately 50 years. 2(d) Oakdale Gun Club (OGC) is requesting an amendment to its existing Lake Elmo Conditional Use Permit (88-5) under which the club has operated. OGC requests permission to construct two small (approximately 8 ft. x 8 ft.) trap machine shelters and associated concrete shooters stations (sidewalks) on a section of the club's existing range facility. Background: The last 8 years have seen an unprecedented upsurge in the sport of youth clay target (trap) shooting in Minnesota. High school student participation in Minnesota is currently unparalleled anywhere else in the US. This relatively new high school sport is recognized by the general Minnesota State High School League with rules and regulations established by the Minnesota State High School Clay Target League. Current interest has reached a point where schools are unable to find sufficient facilities at which their students can participate. Facing this limitation on development of a youth sport in which all students can compete regardless of gender, the Minnesota Department of Natural Resources has requested outdoor shooting ranges throughout Minnesota to assess whether their facilities can accommodate high school trap teams. The DNR has established a fund of improvement grants to selected organizations willing to develop or accelerate high school student programs. For the last 5 years, OGC has partnered with students from one nearby high school utilizing our existing trap range. To date, it has been possible to undertake this endeavor on a limited basis while remaining in full compliance with OGC's existing Conditional Use Permit. After recently being contacted by several other nearby high schools and with a desire to maximize the club's service to youth in the area, OGC has reevaluated trap shooting capability at its facility. It has been concluded that by rearranging an existing section of the range, it would be possible to install two additional clay target throwing machines and the corresponding shooter's stations within the existing boundaries of the club property. Installation of these trap machines along with the associated protective shelters and sidewalk type shooting stations would allow OGC to comply with DNR requests and provide several nearby high schools with a facility on which they could organize student participation in the sport of trap shooting. It is the construction of the two 8 ft. X 8 ft. concrete trap machine protective shelters and the adjacent concrete shooter's stations for which OGC is requesting an amendment to their Conditional Use Permit from Lake Elmo (See attached photos of the existing trap protective shelter, shooter's stations, and participating students). Points of note are: Clay target (trap) shooting activities have historically been available at OGC to both members and the general public. They have been conducted in the same location for approximately 40 years All range modifications would take place within OGC's existing property boundaries. (See two attached aerial photos) None of the proposed modifications can be seen from outside the facility • The plan for the proposed machine protective shelters and shooter stations have been reviewed by the Valley Branch Watershed District and has been determined that the plan does not impact the watershed area. (See attached plan and Valley Branch Watershed District letter of exemption) o The area for the two new trap machines and shooter's stations would be an area currently used for air gun competition. (See attached aerial photo) o The clay target fall area would be directly adjacent to the fall area historically used for such target fall (See attached aerial photo) o All students participating in the high school trap league at OGC are required to possess evidence of having successfully completed a DNR Youth Firearm Safety course. o All high school league trap shooting activities will be supervised by adult members of OGC Members of the Oakdale Gun Club can be made available to provide further clarifications should any be requested. A short tour of the existing trap shooting area and proposed adjacent modifications can be arranged for any interested individuals. 2(d)(ii) Oakdale Gun Club is a not for profit outdoor recreational shooting range. There is currently 1 employee. Our hours of operation are 8am to 'A hour before sunset, 7 days a week as defined in our existing CUP. ITEM: Planning Commission Oebe:11/23/2015 Item: 4a PUBLIC HEARING: Conditional Use Permit Amendment 0aadd two trap shooting shelters tuthe overall site. REQUESTED BY: Planning Department SUBK3|| |EOBY: Stephen VVensmmm.City Planner REVIEWED BY: Ben Gozo|o.Consulting Planner SUMMARY AND ACTION REQUESTED: The Oakdale Gun Club is requesting an amendment to its Conditional Use Permit to add two trap shooting shelters to the overall site plan. Staff is recommending approval of the request subject to the conditions listed in this naponL GENERAL INFORMATION Applicant and Property Owner: Oakdale Gun Club 1038G1OthStreet North, Lake Emu Location: The SE 1/4 ofSVV1/4ofSection 26. Township29 north of range 31 west. Property Identification Number (P8D):20'O2S-21-34'DOO1 Lot Size: 4Uacres (active gun range property) Request: Application for eConditional Use Permit Amendment kzadd two trap shooting shelters Vothe overall site. Existing Land Use and Zoning: Restricted Recreation 'Agdou|Nre Surrounding Land Use and Zoning: Comprehensive Plan: Public/Park History,. The Lake Elmo Regional Park islocated tothe north and Rural Residential to the west, east and south. The Oakdale Gun Club has been inoperation continuously onits present site ninoe1Q84. The Gun Club iapresently operating under aoexisting Condition Use Permit (88-5). The land use is considered restricted recreation by definition which ioaconditional use inthe Agriculture Zoning District, The Gun Club has amended its permit from time totime and would like Voamend its permit toadd two trap shooting shelters totheir site. Deadline for Action: Application Complete — October 23'2015 80Day Deadline — December 14.2O15 Extension Letter Mailed —No 12ODay Deadline —N/A Applicable Regulations: Section 154.106Conditionm| Use Permits, Seodon154.4O1 Permitted and Conditional Uses. Section 154.3O6Standards for Outdoor Recreation. PROPERTY INFORMATION: The Oakdale Gun Club has been in operation continuously on its present site since 1964, which predates the Ch/ncurrent Zoning Ordinance. The Cit/sfile onthis property goes back toat least 1965; however, for the purposes of the present review, Staff will be focusing on actions taken bythe City since 1A82. |twas a1this point intime that the City ofLake Elmo conducted m more thorough review of the Gun Club operations, and it appears that this is when the current conditions ofoperation were adopted bythe City. Between 1983 and 1997 the City reviewed the Gun Club operation as part of an annual review of conditional use permits that was presented tothe City Council each year. Since 1yg7.itdoes not appear that the Council was presented information concerning existing Conditional Use Permits. Staff's assumption is that any reviews were conducted on an administrative basis, Starting inthe mid 1980's. the City Council adopted resolution that specified the conditions uf approval for the Gun Club. After 1O88.subsequent reviews and amendments tothe C.U.P.have used the resolution adopted in this year (Resolution No. 88-5) as the basis for compliance, All amendments since then have technically amended this resolution as is relates to the continued operation ofthe Gun Club. Asummary nfthe more recent C.U.P.amendments for the Gun Club is as follows� 0 1998 (Resolution 95-58) New caretaker residence, accessory garage, and accessory storage structure. 0 2OO2(Resolution not infile) Noise abatement cover for 25ft. range. ~ 2OO5(Resolution No. 2O05'111)Storage structure addition. a 2O0G(Resolution No. 2000'145)New storage building. ° 2008 (Withdrawn by Applicant) Construction of a building shell over an existing range/expansion o/operations building. m 20012 (Resolution 2012-21) Construction of sidewalls and overhead baffling. The current use of the site includes a range operations building, several outdoor ranges of varying length, the caretaker's home, storage buildings, a covered shooting range (25 yards), an archery practice area, and other miscellaneous buildings. The actual use ofthe facility beyond target practice includes training and other educational programs, The property owned bythe club iadivided into two larger tracts. The 22'acnaeastern portion is not used for any formal range facilities while the 40-acre western parcel houses all of the formal range operations. REVIEW: The club has been in operation long before the City adopted a Zoning Ordinance to regulate such uses. AConditional Use Permit was first established for the use in1Q88. Since that time, this Conditional Use Permit has been the basis for all amendments that have come after, In accordance with the City Zoning Ordinance, an amended conditional use may be administered in a manner similar to that required for a new permit. The Oakdale Gun Club is a not -for -profit outdoor recreational shooting range. The club presently has one employee. The hours ofoperation are 8AMtuQhour before sunset, 7days ofthe week audefined inthe existing Conditional Use Permit. The purpose ufthe Gun C1ub'nrequest iotuamend the Conditional Use Permit toallow the construction oftwo 8ft. x8ft. trap machine shelters and associated concrete shooter's stations (aidewn|ko)onmsection ofthe u|ub'nexisting range facility, There has been an unprecedented demand for clay target (trap) shooting from Minnesota high school students. Trap shooting isanew sport that has been recognized by the Minnesota State High School League with rules and regulations established by the Minnesota State High School Clay Target League. Because of the demand, the Minnesota Department of Natural Resources (MnDNR) has requested outdoor shooting ranges in MN to assess whether their facilities can accommodate high school trap teams. The yWnDNRhas established ogrant program 0oassist with such improvements. For the past five years, the Gun Club has partnered with students from one high school to utilize the existing trap facility, The Gun Club has been able to do this while remaining in compliance with its Conditional Use Permit, Interest has grown and additional schools would like to participate in the use of the facilities, Based on analysis of the facilities, the Gun Club has determined that it is possible to expand their trap shooting facilities to accommodate the demand. Proposal Details: • The proposal is to install two trap machines, the associated protective shelters and sidewalk type shooting stations would allow the Gun Club to comply with the MnDNR's request. • Clay target trap shooting activities have historically been available a<the Gun Club 0o members and the general public. Proposed use of the new trap machines would be as follows: u Use byschool teams for approximately ten weeks iothe spring from the end of March Vyearly June, o Potentially use inthe fall for approximately six weeks; and o Available for high school matches onweekends. • The trap ranges would shut down |6hour before sunset nndays when inuse, ° All modification would take place on the Gun Club's property and would not be visible from off ofthe property. • The Valley Branch Watershed District has reviewed the proposal and has determined there ionnimpact tothe watershed. w The new trap machines would belocated inanarea currently used for air gun competition (see aerial photo)'which was used once per month. w Clay targets fall area would be directly adjacent 10 the fall areas historically used for such target fall (see aerial photo). • Students participating in the trap league at the Gun Club are required to possess evidence of having successfully completed a MnDNR Youth Firearm Safety course, • All high school league trap shooting activities will be supervised by adult Gun Cub members, NOISE: The additional two trap shooting ranges will increase noise some when in use. As requested, the use will be active primarily in the after school hours by high school teams in the spring, possibly inthe fall, some weekends for high school matches, The ranges are displacing the air gun competition area. There ianoimmediate plans toreplace the air gun competition area. When in use, there will only beone gun being shot otany one time. Noise could b*mitigated hy conditions to ensure use of the additional ranges be limited to the proposed afterschool hours, and during the spring and fall seasons and weekends aonoted TRAFFIC: The Gun Club has adequate parking area hoaccommodate the proposed use, 1OwStreet ioa collector road. The increased traffic will bmnegligible. CONDITIONAL USE PERMIT REVIEW CRITERIA: Reviewing this request requires that all general CUP criteria beexamined. For these types mf applications, the burden is on the City to show why the use should not be permitted due to impacts that cannot becontrolled byreasonable conditions. 1. Effects an the health, safety, morals, convenience, or general welfare of surrounding lands. |nthe early 1U8D's.the City ofLake Elmo conducted onextensive review of the Oakdale Gun Club and developed alist ofconditions that have been applied tothis day to the present day, Aupart ofthe 2OO8permit request Staff visited the site and found that the club was operating inaccordance with the City'orequirements atthat time. One ofthe key factors that Staff recommends that the Planning Commission consider aspart ofits review iuwhether ornot the proposed changes will create any external impacts beyond what presently occurs on the site. In this case, the addition of the two trap shooting ranges are in an area that was used byair gun competition and ioadjacent the existing trap range. The new trap ranges will be used for high school teams for ten weeks, after school, between the end of March through early June, and possibly in the fall for six weeks and occasional weekends for matches. The new trap ranges will displace the air gun completion area. When in use, there will be only a single shot -gun fired otany one time. Staff finds that there will benosignificant increase |n noise nrany other effect and that this criterion iasatisfied. 2. Traffic & Parking conditions. Because the proposed improvements will mostly be used in the after school hours, the amount of traffic and parking associated with the proposed use will not significantly affect traffic and parking and adequate parking exists on site. The use will continue to be consistent with the existing operation. Staff finds that this criterion iamet. 3' Effects onutility and school capacities, There will benochanges tothe utilities already established for the site. Staff finds this criterion is met. 4. Effect onproperty values of surrounding lands, The Club has been in operation since before the City regulated such uses through zoning, and likewise, the club has been located on this site since before many of the surrounding land uses were established. Furthermore, since the request infor anamendment VooC,U�P. and not new use. the Planning Commission should consider the potential impacts associated with this change and not the overall impacts ofthe site. If there are any violations of the previous conditions of approval for the site, the City may take action in accordance with the process specified in Resolution No. 88-5 or through enforcement of the City's Target Range ordinance, The proposed changes will not significantly increase noise or traffic, therefore, staff finds that this criterion issatisfied axwell. 5. Effect m'the proposed use cmthe Comprehensive Flan The property at 10386 North 1 Ot' Street is currently utilized for a target range facility. The Comprehensive Plan guides the property for public facility use in the future, but also provides for the continuation of existing uses until such time as the parcel is redeveloped. The City Code allows for such euse Vuboconditionally permitted onthis site. Staff finds this criterion is met. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the Conditional Use Permit Amendment with the following conditions. 1. The applicant shall submit an accurate updated site plan that accurately (to scale) identifies all buildings, ranges, fences, driveways and other site improvements for city review. 2. The 2nd and V trap range use shall be limited as follows in any given calendar year: a. January Is' through [Nanoh 141h— no use authorized. b. March 15mthrough June 15m—Both ranges may beused, but hours ofoperation shall belimited to3PK8to1/2hour before sunoo1� c. June 10*through August 31m—nouse authorized. d. September 1mthrough November 30*—Use shall belimited 10high school teams and high school competitions. The Gun Club may designate asix week period during this dmefn/mewhen both trap ranges will beavailable for practice and competitions. AddihonaUy, both ranges can be used on weekends for matches during business hours e. December Is' through December 31m—no use authorized. ORDER OFBUSINESS: Introduction ...... --........ ------------...... Stephen VVensman.City Planner Report hystaff ... ----------......... --.... ' Stephen VVenaman.City Planner - Questions from the Cmnmbnion--'—...... --.......... Chair & Commission Members Open the Public Heohng—..... ........ --------........ .......... ___ ... ...... Chair Close the Public Hearing —..... ..... ............ —.......... ...... ... —........ —........ ... Chair Call for amohon_...... ...... ... —......... ----........ ---.............. Chair Facilitates - Oisouusionn/CummissiononUhemodon—-------------—ChcirFnci|botes Action by the Planning Commission ....... ___ ..... --Chair&Commission Members ATTACHMENTS: 1. Proposed Trap Field Modification Drawing. 2. Statement for Amendment 0oExisting Conditional Use Permit. MINNESOTA STATUTES 2015 87A.03 CHAPTER 87A SHOOTING RANGES 87A0 I DEFINII'LONS 87A 02 SHOOTING RANGE PERFORMANCE STANDARDS, BEST PRACTICES 87A 03 COMPLIANT RANGES, Al ITHORIZED ACTIVITIES 87A 04 MITIGATION AREA, 87A.05 NOISE STANDARDS 87A.001 MS 2006 [Renumbered 15.001] 87A.01 DEFINITIONS. 87A.06 87A 07 87;1.08 87A.09 87A.10 NUISANCE ACTIONS, COMPLIANCE WITH SFIOOTING RANGE PERFORMANCE STANDARDS. CLOSURE OF SHOOTING RANGES, APPLICABILITY OF OTHER LAWS, PUBLIC SHOOTING RANGES: ACCESSIBILITY. SHOOTING SPORTS FACILITY GRANTS Subdivision 1. Applicability. The definitions in this section apply to sections 87A.01 to 87A.08. Subd. 2. Person. "Person" means an individual, association, proprietorship, partnership, corporation, club, political subdivision, or other legal entity. Subd, 3. Shooting range or range. "Shooting range" or "range" means an area or facility designated or operated primarily for the use of firearms, as defined in section 97A.015, subdivision 19, or archery, and includes shooting preserves as described in section 97A.115 or any other Minnesota law. Subd. 4. Shooting range performance standards. "Shooting range performance standards" means the best practices for shooting range performance standards identified in section 87A.02. Subd. 5. Local unit of government. "Local unit of government" means a home rule charter or statutory city, county. town, or other political subdivision. History: 2005 c 105 s 2012 c 277 ari / s 16 87A.02 SHOOTING RANGE PERFORMANCE STANDARDS; BEST PRACTICES. Subdivision 1. [Repealed, 2012 c 277 art 1 s 91] Subd. 2. Best practices. For purposes of this chapter, the November 1999 revised edition of the National Rifle Association's Range Source Book: A Guide to Planning and Construction shall serve as best practices for shooting range performance standards. History: 2005 c 105 s 2; 2012 c 277 ail 1 s 17 87A.03 COMPLIANT RANGES; AUTHORIZED ACTIVITIES. Subdivision 1. Authorized activities. A shooting range that operates in compliance with the shooting range performance standards must be permitted to do all of the following within its geographic boundaries, under the same or different ownership or occupancy, if done in accordance with shooting range performance standards: (I) operate the range and conduct activities involving the discharge of firean-ns: Copyright C 2015 by the Revisor of Statutes, Stale of Miiinesota. All Rights Reserved, 87A.03 MINNESOTA STATUTES 2015 (2) expand or increase its membership or opportunities for public participation related to the primary activity as a shooting range; (3) make those repairs or improvements desirable to meet or exceed requirements of shooting range performance standards; (4) increase events and activities related to the primary activity as a shooting range; (5) conduct shooting activities and discharge firearms daily between 7:00 a.m. and 10:00 p.m. A local unit of government with zoning jurisdiction over a shooting range may extend the hours of operation by the issuance of a special or conditional use permit; and (6) acquire additional lands to be used for buffer zones or noise mitigation efforts or to otherwise comply with this chapter. Subd. 2. Nonconforming use. A shooting range that is a nonconforming use shall be allowed to conduct additional shooting activities within the range's lawful property boundaries as of the date the range became a nonconforming use, provided the shooting range remains in compliance with noise and shooting range performance standards under this chapter. Subd. 3. Compliance with other law. Nothing in this section exempts any newly constructed or remodeled building on a shooting range from compliance with fire safety, disability accessibility, elevator safety. bleacher safety, or other provisions of the State Building Code that have mandatory statewide ap- plication. History: 2005 c 56 s 1; 2005 c 105 s 3 87A.04 MITIGATION AREA. (a) Except for those uses, developments, and structures in existence or for which approval has been granted by October 1, 2005, or as provided in paragraph (b), no change in use, new development, or con- struction of a structure shall be approved for any portion of property within 750 feet of the perimeter property line of an outdoor shooting range if the change in use, development, or construction would cause an outdoor shooting range in compliance with this chapter to become out of compliance. (b) A change in use, new development, or construction of a structure subject to this section may be approved if the person seeking the approval or, at the discretion of the governing body, the approving authority agrees to provide any mitigation required to keep the range in compliance with this chapter. The person requesting an approval subject to this section is responsible for providing documentation if no mitigation is required under this section. Failure to provide the documentation or any mitigation required under this section exempts the range from being found out of compliance with the shooting range per- formance and noise standards of this chapter with regard to the property responsible for the mitigation if the failure to provide the documentation or required mitigation is the sole basis for the range being out of compliance with the shooting range performance standards. Any action brought by the owner of the property against the range is subject to section 87A.06. With the permission of the range operator, any mitigation required under this section may be provided on the range property. History: 2005 c 105 s Copyright 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 87A.(8NOISE STANDARDS. Allowable noise levels for the operation of a shooting range are (lie levels determined by replacing the steady state noise I.. 10 and L50 state standards for each period of tirne within each noise area's classification with u oiog|c Lcq(b) standard for impulsive noise that is two dB/\ |ovvrr than that of tile LlO level for s1cudv state noise. The noise |cvd shall be measured Outside oftile range property at the location of the receiver's activity according to Minnesota Rules, parts 7030.0010 to 7030.0080, as in effect on May 28. 2005. For purposes of this section, "Leq(h)" means the energy level that is equivalent to a steady state level that contains the same amount o[Sound energy axthe time varying sound |rw:| for n60'minu0ctime period. History: 2005c /05x5 87A.06 NUISANCE ACTIONS; COMPLIANCE WITH SHOOTING RANGE PERFORMANCE STANDARDS. A person who owns, operates, or uses a shooting range in this state that is in compliance with shooting range performance standards is not subject to any nuisance action for damages or equitable relief based on noise or other matters regulated by the shooting range performance standards. This section does not prohibit other actions. 07A.O7CLOSURE OFSHOOTING RANGES. Subdivision \. Ckmum: Except aaotherwise provided insections 87A.0| no 87&.08^ ashooting range that ioincompliance with shooting range performance standards and the requirements nfsections 871O| to 87A.08 shall not be forced to permanently close or permanently cease any activity related to the primary use Of tile shooting range unless the range or activity is found to be a clear and innuediouc safety hazard by acourt o[competent jurisdiction. In any action brought to compel the permanent Closure ofany range in compliance with shooting range performance standards and this chapter, oruopermanently cease any activity related to the primary use of the shooting range.. there is a rebuttable pl'CSLI111ption that the range or activity is not u clear and immediate so6:|y hazard. If the shootin g range provides evidence that the cause o[oproven safety hazard can hr mitigated xpus to eliminate the safety hazard, the court shall not order d'cpcnnuncnLc|oxureofd/erengc'orponnaucniceouingofdheacdvi<yfhundtnbeodezruodimmediatc safety hazard, unless the range operator fails to implement the necessary mitigation to remove the safety hazard hythe date that isdetermined reasonable bvthe court. Suhd.2. Preliminary injunctions. Nothing in this section prohibits a court from granting a preliminary injunction against any activity determined to be a probable clear and immediate safety hazard, or against any individual determined to be the probable cause of all alleged clear and immediate safety hazard, pending the final determination ofthe existence o[tile safety hazard. Suhd. 3. Permanent injunctions. /\ court may grant upermanent injunction only against aparticular activity or person instead of permanently closing the mogc unless the court finds that the remaining op' cm\i000 also pose u safety hazard under this section. 07A.08APPLICABILITY OF OTHER LAWS. Subdivision |. Public safety laws; uvubg. (a) Nothing in this chapter prohibits enforcement of any federal law. To the extent consistent with this chapter, other state laws regarding the beu|dh` safety, and welfare ofthe public may bcenforced. Tothecxtenkconsisnnrxidbdhisdmpror ulocal unit o[govcrnmcrk with zoning authority _jurisdiction over a shootint, range may enforce its applicable ordinances and permits. Nodhhn�inthis chapter shuUsupersede more rc�ric1ivcregu|��'mno[days and hounofoprmiionimposed by (lie terms and conditions of ordinances and permits that are in effect on May 28, 2005� (b) Ifthe operator of the shooting range shows evidence that the range can be brought into compliance with the applicable state law, local ordinance, or permit, the range may not be permanently closed unless tile range operator fails robring the range into compliance with the applicable law, ordinance, urpenxkUnder this section bytile date that the court determines reasonable. Nothing in this section prohibits u court from granting a preliminary i 'uncdnn uguioa1 any activity dc(cunincd to be a violation of |nw' ordinance, or permit under this section oragainst any individual determined to hecausing onalleged vio|u|ion, pending the dnu| determination o[tile existence ofthe violation. Suhd. 2. Permanent injunctions. & court may grant mpermanent injunction only against particular activity or person instead of permanently closing the range on\rys \hc court finds that the remaining op- erations also create a violation under this section. History: 2D05c/05r8 07A.09 PUBLIC SHOOTING RANGES; ACCESSIBILITY. (a) /\ publicly onoed or managed sbmnho'- range located in the seven -county metropolitan area that is funded in whole or part with public funds must be available at |ouot tvicr during the spring and twioc durioA the summer for use by participants in u Minnesota Depu�mcotn/74otura| Resources firearms su(etN instruction Course tinder section 9713.015. The shooting range must heavailable during hours reasonable for Youth participants. The mxgc operator may charge ateo to cover any costs directly incurred from use required Linder this section, but may not charge a fee to offset costs for general maintenance and operation of the facilit� (b) This section does not apply to cities of the first class or a shooting range located on the same premises osucorrectional mrdetention facility that holds orinoorcom/esoffenders. History: ZU/ZcZ77mY/x/8 07A.1BSHOOTING SPORTS FACILITY GRANTS. Tile commissioner of natural resources shall administer a program to provide cost -share grants to local rucrculimne3 shooting Clubs or local units ofgovernment for uh p�n 50pc/znnxof�e costs o[developing or rehabUi�dneshoohn�sports facilities for public use. /\ facility rehabilitated ordeve|opedwkhugrumunder this section moot he open to the general public at rcus*xub|odmeu and for areasonable bc oil uvu\k,io f‘f If: CITY ()I' LAKE ELMO AYOR & COU CILCO UNICATION DATE: December 15, 2015 CONSENT ITEM # 10 AGENDA ITEM: Approve 3M Tolling Agreement SUBMITTED BY: City Clerk, Julie Johnson THROUGH: Interim Administrator, Clark Schroeder & City Attorney David Snyder REVIEWED BY: Clark Schroeder SILTGGES`I'Ll) ORDER OF BUSINESS if removed from C'onscut: Introduction of Item ..... Interim Administrator ReporUPrescntation.......... ........ .....„............. ..... _Interim Administrator - Questions from Council to ......... ............. Mayor Facilitates - Call for Motion ..... Mayor & City Council - Discussion ...... ...... Mayor & City Council Action on Motion ..... ....... ........................ Mayor Facilitates POLICY RECOIVIENDE“R: Interim Administrator and City Attorney SUMMARY AND ACTION REQUESTED:, The attached agreement would toll the statute of limitations on claims related to 3M's a disposal of PFC containing wastes to April 1, 2016. RECOMMENDATION: If pulled from consent agenda, motion should be: e Motion to approve the Fourth Amended Tolling Agreement between the City of Lake Elmo and 3M Company." ed EGAL November 23, 2015 Clark Schroeder City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Re: State of Minnesota, et al. v. 3M Company City of Lake Elmo and 3M Fourth Amended Tolling Agreement Our File No.: 12-2360-001 Dear Clark: Enclosed, please find the Fourth Amended Tolling Agreement between City of Lake Elmo and 3M Company for Council's approval and execution. Once approved and signed, please return the original copy to my office. If you have any questions regarding this matter, please do not hesitate to contact me. Thank you. Sincerely, JOHNSONLTURNER LEGA David K. Snyder DKS: mh Enclosure 5G East Broadway AL'ClUIC„5uite 206 ForesI Lake, MN 55025 p G51.4G4,7292 1'651.464,73-1S johnsontunicrcom FOREST LAKE ' LAKE ELMO WOODBURY BLAINE FOURTH AMENDED TOLLING AGREEMENT BETWEEN CITY OF LAKE ELMO AND 3M COMPANY WHEREAS, City of Lake Elmo ("Lake Elmo") has asserted claims ("Claims") against 3NI Company ("3M"), arising out of 3M's alleged disposal of PFC-containing wastes in and/or around Washington County, Minnesota. WHEREAS, 3M and Lake Elmo desire to enter into a Tolling Agreement tolling any statute of limitations through and including April 1, 2016. NOW, T1EREFORE, for and in consideration of the premises, mutual covenants, and agreement herein contained, and such other good and valuable consideration, the receipt and sufficiency of which are acknowledged, 3M and Lake Elmo covenant and agree as follows: 1 I and Lake Elmo hereby agree to toll the running of any applicable statute of limitations relating to the Claims through and including April 1, 2016 (Tolling Period"), and agree not to assert any defense of limitations, laches, or estoppel by laches, or other bar which ri e bv virtue of the passage of time as a defense with respect to any action; proceeding, lawsuit, or demand, such that the passage of time that occurs during the Tolling Period will not be counted for the purpose of any statute of limitations, laches, or estoppel by laches defense or any other bar related to the passage of time. 2. Nothing in this Agreement shall be deemed to revive any claim that is or may already he barred as of the date of this tolling agreement. Nothing in this Agreement, or in the circumstances which gave rise to this Agreement shall be construed as an acknowledgement by any party that any claim has or has not been barred, or is about to be barred, by the statute of limitations, laches, or other defense based on the lapse oftirne. 3 This Agreement shall not operate as an admission of liability by any party. Neither this Agreement nor any action taken pursuant to this agreement shall be offered or received in evidence in any action or proceeding as an admission of liability of wrongdoings by any party. 4. 3M and Lake Elmo further agree that, except as expressly provided herein, all of their respective rights and remedies are expressly reserved and shall not be prejudiced hereby. 5. Any party to this Agreement may terminate it by giving en (10) days' written notice to the other sent by electronic mail and iegistered mail, return receipt requested, at the following addresses: If to 3M: Mary E. Cullen Associate General Counsel Global Litigation & Dispute Resolution 3M Office of General Counsel 3M Center, Bldg. 10E-03 Mail Station 220-9E-02, P.O. BON 33428 St. Paul, MN 55133-3428 mcyeager, ..mmm.com and William A. Brewer III Brewer, Attorneys & Counselors 1717 Main Street, Suite 5900 Dallas, Texas 75201 wabO,bickelbrewer.com, If to Lake Ehno: David K. Snyder Johnson & Turner 56 E. Broadway Avenue, Suite 206 Forest Lake, Minnesota 55025 davidiajohnsonandturnencom 6. This Agreementnot intended to benefit persons other than the parties to this Agreement. 7. This Agreement shall be governed by the substantive laws of the State of Minnesota. 8 This Agreement contains the entire agieenient of the parties; and with respect to the subject matter hereof, it may not be modified in any way except by written consent of all parties. 9. This Agreement may be executed in counterpart originals, in which case each such document will be deemed to be an original. Each Party will deliver to the other an executed copy of this Agreement. (The remainder of the page is intentionally left blank) IN WITNESS WHEREOF, this Tolling Agreement has been executed by the undersigned. Dated: November , 2015 By: By: Authorized representative of 3M Company Authorized representative of City of Lake Elmo 4 TI (..:ITY Or LAKE ELMO AYO COU CIL CO U ICATIO DATE: December 15, 2015 CONSENT ITEM # 11 AGENDA ITEM: Approve Office Administrative Assistant Hiring SUBMITTED BY: City Clerk, Julie Johnson THROUGH: Interim Administrator, Clark Schroeder REVIEWED BY: Clark Schroeder & Cathy Bendel SUGGESTED ORDER OF BUSINESS: Introduction of Item ...... ........ .......... Interim Administrator Report/Presentation......... ..... ............... .......... __Interim Administrator Questions from Council to Staff ........ ..... ............. ........ Mayor Facilitates Call for Motion ......... ................................... ........ ...... Mayor & City Council Discussion ................... ......... ......... ........ Mayor & City Council Action on Motion. ..... ....... ............. ...... .......... .......... ..... Mayor Facilitates POLICY RECOMENDER: Interim Administrator and City Clerk. FISCAL IMPACT: This is a full time non exempt position at $20.00/hr with an estimated fully loaded cost of $62,068 per year assuming family medical and dental coverage. SUMMARY AND ACTION REOUESTED: We received almost 30 applications for this position, and of those, 5 individuals were interviewed. References have been contacted and verified, and we are recommending that Nicole Smith be hired with a start date on or around January 5, 2016. Ms. Smith has been offered the position contingent on the approval by the City Council. RECOMMENDATION: If pulled from consent agenda, motion should be: "Motion to approve filling the Office Administrative Assistant position as recommended by City Staff." pag TI JE CA TY OF LAKE ELN 0 AY• CO CIL CO ICATIO DATE: December 15th, 2015 CONSENT ITEM #12 MOTION AGENDA ITEM: FTE Hires for P iblic Works SUBMITTED BY: Michael Bouthilet, Public Works Superintendant THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Finance Director Bendel and City Clerk Johnson SUGGESTED ORDER OF BUSINESS: Introduction of Item ......... Cit y Ad 111 inistrator ........ ..... ..............City Administrator Questions from Council to Staff Mayor Facilitates Call for Motion .................................. ...... Mayor & City Council Discussion... ........ .................................................. ........ Mayor & City Council Action on Motion ..... . ..... ........„............................ ..... Mayor Facilitates POLICY RECOMMENDER: Public Works Superintendant FISCAL IMPACT: Base salary rate of $20/hr; total addition cost of approximately $35k for the 1.5 FTE add. SUMMARY AND ACTION REOUESTED: Approval is being requested to fill two budgeted Public Works positions. One is a new full-time street position which was budgeted in 2015. One is to upgrade the current part-time Utility Operator position to full-time which was budgeted for 2016 effective 1/1/16. LEGISLATIVE HISTORY: One Public Works maintenance operator, with a primary role in street maintenance, was budgeted for the latter part of 2015. The current Public works Operator with a utility maintenance primary was budgeted to be upgraded to full time effective January 1, 2016. The street primary was position was advertised in November. As is typical for municipal employment opportunities the applicants covered a broad spectrum of education, training and experience. This is beneficial to smaller communities with staff cross trained across the full spectrum of street, water, sewer, ston-n water and park maintenance. With the top two candidates meeting these -- page 1 -- City Council Meeting [Regular Agenda Item 12] December 15, 2015 criteria, it is recommended to hire Joseph Effinger effective 12/16/15 as a street maintenance primary role and to upgrade Michael Cornell from part-time to full time in a utility maintenance role effective 1/1/2016. Mike Cornell will continue in his current split position through 12/31/15 will allow time to transition function coverage. BACKGROUND INFORMATION (SWOT) Strengths: Will be able to provide an expected level of service. Every attempt is made to maintain or improve service, but current staffing has increasingly been challenged to meet the demands. Weaknesses: During the development and installation of new infrastructure staff has added responsibilities to protect existing systems with numerous utility locate requests and meeting. In addition to reviewing and inspecting new streets, infrastructures and amenities the City will be required to maintain. It cannot reasonably be expected to hire staff to facilitate tasks required during build outs, but two additional staff will significantly help during this period and are needed to continue in all maintenance operations. Opportunities: Both of the recommended applicants are making municipal operations a career choice and expect to train and expand their experience and knowledge base. Both have demonstrated attributes which could lead to potential leadership roles. Threats: Inability to respond timely to resident inquiries and City maintenance issues. RECOMMENDATION: Approve the hiring of Joe Effinger full-time and the upgrade of Mike Cornell from pad -time to full-time. -- page 2 -- IF CITY Of' IME ELMO AYOR & COUNCIL COMMUNICATION DATE: December 15, 2015 CONSENT ITEM # 13 AGENDA ITEM: Rieder Property— Preliminaiy Plat Extension SUBMITTED BY: Stephen Wensman, City Planner REVIEWED BY: Clark Schroeder SUGGESTED ORDER OF BUSINESS: Introduction of Item City Planner „ ..... Planner Questions from Council to Staff.... ........ ......... ...... Mayor Facilitates Call for Motion ................................. ....... Mayor & City Council 1..)iscussion ............ ..... ..... Mayor & City Council Action on. ....... . ...... ......... Mayor Facilitates SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a request by Mr. Rieder for Preliminary Plat Extension. The City Council approved Resolution 2015-056 granting preliminary plat approval on July 21, 2015. According to Lake Elmo City Ordinance 153.07 a subdivider ofland must submit a final plat within 180 clays after approval of preliminary plat or the plat will be considered void. Staff is recommending approval of the Preliminary Plat Extension. Staff recorrunends approval of the request with the following motion: "Move to adopt Resolution No. 2015-086 approving the Rieder (Lennar Diedrich) Townhouses preliminaiy plat extension for one year." BACKGROUND AND STAFF REPORT: The City Council approved Resolution 2015-056 granting preliminary plat approval for a 46-unit singled family attached (townhouse) development to be located on slightly over 15 acres of land immediately east of Lake Elmo Avenue and north of the Hunters Crossing development. The applicant, Mr. Rieder is requesting the extension to allow for more time to arrange bank financing and prepare for final plat. -- page City Council Meeting [Regular Agemict Item 13] December 1, 2015 As with previous extension considerations, the City Council has the right to reconsider. According to the City Attorney: "The council can reconsider any action ...[but theJ motion to reconsider must be brought by somebody who voted in the affirmative.... But, there is, however, the matter of what standards are to be applied in considering a reconsideration (must not be arbitrary, must not be capricious, must be fact -based) and the matter of whether intervening rights have accrued in the meantime (ie: whether the applicant has taken steps or materially changed its position after the first vote). Bottom line, absent a showing of materially changed circumstances, reconsideration can be raised, but a vote to effectuate it is likely not recommended". According to MN State Statutes, the applicant must have tiled the approved plat or followed through with conditions, so even if the Council wishes to see something different happen on this land, it cannot compel such changes within a period of two years after the original plat approval. If the Council elects to not approve the extension, the developer can reapply for preliminary and final plat, and Council will have to approve the requests (as it would be very difficult to arrive at findings for denial when the subdivision has already been approved under existing regulations). For reference, the relevant statute reads as follows: Statute 462.358 Subd. 3c. Effect of subdivision approval. For one year following preliminary approval and for two years following final approval, unless the subdivider and the municipality agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the municipality may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new application unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. In connection with a subdivision involving planned and staged development, a municipality may by resolution or agreement grant the rights referred to herein for such periods of time longer than two years which it determines to be reasonable and appropriate. In summary, in considering the applicants request the City Council should consider whether there has been any intervening area -wide zoning or big land -use changes since the original approval of the plat. To deny, the City Council would need to cite some material fact. The Council's decision cannot be arbitrary or capricious. If denied, the Reider's and/or their developer could go through the approval process again spending time and money (which would then restart their two-year protection clock). Staff s valuable time would be taken to again review and provide reports, and the public hearings would be held for an item that essentially has a predetermined outcome. Accordingly, it is strongly recommended that City Council approve this item on the consent agenda and grant the requested one-year extension to file the approved final plat. — page 2 -- City Council Meeting [Regular Agenda Item 13] December 1, 2015 MORITORIUM: This development is not affected by the City's moratorium since it received preliminary plat approval prior to July 22, 2015. FISCAL IMPACT: • 5111 Street: The City will require that the applicant enter into a developer's agreement with the City to specify the financial responsibilities for various aspects of the subdivision and related public improvements. It is expected that the project will include the construction of the northern half of the segment of 5th Street to the east of Lake Elmo. Municipal services and property taxes: The developer is expected to pay the Water Availability Charge for the entire development at the time a final plat ($138,000 per unit) and Sewer Accessibility Charge ($138,000) similar to other developments that are connecting to the Municipal services. In addition, at the time of building permit issuance, water and sewer connection charges will be collected in the amount of $2,000/unit ($92,000).When fully developed, the property taxes will produce roughly ($350,000x46).002=$32,200) in increased revenue per year. SUMMARY AND ACTION REOUESTED: The City Council is being asked to consider a request for approval of a Preliminary Plat Extension for a 46-unit singled family attached (townhouse) development to be located on slightly over 15 acres of land immediately east of Lake Elmo Avenue and north of the Hunters Crossing development. "Move to adopt Resolution No. 2015-086 approving the Rieder (Lennar Diedrich) Townhouses prelintinaiy plat extension for one year." ATTACHMENTS: 1. Resolution No. 2015-086 approving the Rieder Preliminary extension for one year. 2. Resolution No. 2015-056 approving the preliminary plat 3. Lennar Diedrich Townhouses Preliminary Plat 4. City Council Packet 7-21-15 -- page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-86 A RESOLUTION APPROVING WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Gerhart Rieder, property owner, 7401 Wyndham Way, Woodbury, MN 55125, submitted an application to the City of Lake Elmo (City) for a preliminary plat for a 46- unit singled family attached (townhouse) development on approximately 15 acres in the RT- Rural Development Transitional Zoning District (PID: 36.029.21.32.0002) referred to as Lennar Diedrich Property Preliminary Plat, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, on July 7, 2015, the Lake Elmo Planning Commission reviewed and recommended approval of the Lennar Diedrich Preliminary Plat; and WHEREAS, on July 21, 2015, the Lake Elmo City Council adopted Resolution 2015- 056 granting preliminary plat approval for a 46-unit singled family attached (townhouse) development WHEREAS, Gerhart Reider has requested a 12-month extension to the Final Plat submittal deadline of the approved plat to allow for additional time to prepare for financing and other planning activities; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve a 12-month extension to the Final Plat deadline for the Lennar Diedrich property residential subdivision, thereby extending the final plat application deadline to December 1, 2016. Passed and duly adopted this 15th day of December, 2015 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk Resolution 2015- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2015-056 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR THE LENNAR DIEDRICH TOWNHOUSES WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Lerinar Corporation, 16305 36w Avenue North, Plymouth, MN (Applicant) has submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for the Lennar Diedrich Townhouses subdivision, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, the Lake Elmo Planning Commission held public hearing on June 22, 2015 to consider the Preliminary Plat request; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat as part of a memorandum to the City Council from Community Development Director Kyle Klatt for the July 7, 2015 Council Meeting; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the Preliminary Plat at its meeting held on July 7, 2014 and made the following findings of fact: 1) That the preliminary plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2) That the preliminary plat complies with the City's Urban Medium Density Residential zoning district regulations. That the preliminary plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances with the plan revisions as requested by City Staff and consultants. 4) That the preliminary plat complies with the City's subdivision ordinance. 5) That the preliminary plat is consistent with the City's engineering standards provided the plans are updated to address the City Engineer's comments documented in a letter dated June 17, 2014. 6) That there are no City parks located within 1/2 rnile of the proposed subdivision. 7) That the updated development plans indicate that proposed structures on Lots 29-32 are located too close to the property line and that the development plans must be updated to move these structures to the required setbacks prior to the submission of a final plat. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the preliminary plat for the Lennar Diedrich Townhouses subdivision subject to the following conditions: 1) The landscape plan and tree preservation plan shall be reviewed and approved by an independent forester or landscape architect in advance of the approval of a final plat and final construction plans. 2) The final landscape plan shall incorporate additional plantings where feasible adjacent to the shared property lines with parcel at 11490 Hudson Boulevard. 3) The applicant shall be responsible for updating the final construction plans to include the construction of all improvements within the Lake Elmo Avenue (CSAH 17) right-of-way as required by Washington County and further described in the review letter received from the County dated March 3, 2015. The required improvements shall include, but not be limited to the construction of a northbound right turn lane and southbound center turn lane. 4) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from the Valley Branch Watershed District prior to the commencement of any grading or development activity on the site. 5) The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. 6) The developer shall be required to pay a fee in lieu of park land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in the City's Subdivision Ordinance. A cash payment in lieu of land dedication shall be paid by the applicant prior to the release of the final plat for recording. 7) The applicant must enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site. 8) All required modifications to the plans as requested by the City Engineer in a review letter dated June 17, 2015 shall be incorporated into the plans prior to consideration of a final plat. 9) The applicant shall update all of the landscaping and construction plans to reflect the updated site plan that includes a public right-of-way within the project area. These updated plan shall be subject to review and approval by the City Engineer. 10) Although the updated site plan does not incorporate a private street, any request for flexibility from City regulations and standards must be considered and addressed as part of the final plat submission. 11) The final construction plans for the Diedrich Townhouses subdivision shall include, at a minimum, the northern portion of 5th Street if a joint construction project between the applicant and Ryland Homes does not proceed in advance of a final plat submission for the applicant's site. 12) The architectural covenants for the homeowner's association shall include provisions that discourage blank garage doors. All garage doors shall incorporate windows or decorative trim to minimize the visual impact of the garage -forward home design, 13) Prior to recording the Final Plat for any portion of the area shown in the Preliminary Plat, the Developer shall enter into a Developers Agreement acceptable to the City Attorney that delineates who is responsible for the design, construction, and payment of public improvements. 14) The site plan and construction plans shall be revised to include a sidewalk along at least one side of all streets within the subdivision. 15) The applicant shall pay a Water Availability Charge consistent with the Lake Elmo Fee Schedule for the entire development prior to the release of the final plat for recording, regardless of project phasing. 16) The developer shall secure a written grading agreement from Excel Energy concerning the proposed grading activity underneath an existing power line easement across the property prior to submission of a final plat. Passed and duly adopted this 21stth day ofJuly 2015 by the City Council of the City of Lake Elmo, Minnesota. ATTEST: n, City Clerk Mike Pearson, Mayor Tiw (Try 01, KE ELMO TAYOR & COUNCIL COMMUNICATION DATE: July 21, 2015 REGULAR ITEM # 14 RESOLUTION 2015-056 AGENDA ITEM: Diedrich Property Townhouses (Lennar) — Preliminary Plat SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Julie Johnson, City Clerk REVIEWED BY: Planning Commission Nick Johnson, City Planner Jack Griffin, City Engineer SUGGESTED ORDER OF BUSINESS: Introduction of Item.... ......... ..... ............Community Development Director Report/Presentation..............................Community Development Director Questions from Council to Staff ........................,.. ..... ............. Mayor Facilitates Call for Motion ..... Mayor & City Council Discussion ............ ........ ..... .................. ..... ......... ........ Mayor & City Council Action on Motion.. ...... ......... ........ ......,. ........... .......... ............ Mayor Facilitates POLICY RECCOMENDER: The Planning Commission is recommending approval of a preliminary plat for a new subdivision as requested by Lennar Corporation. The Subdivision Ordinance requires that the City Council review and approval a preliminary plat before an applicant may proceed with the preparation and recording of a final plat. The subdivision request is being made by Lennar for property presently owned by Tammy Diedrich and Gerhard Rieder within the 1-94 Corridor planning area. FISCAL IMPACT: TBD — The City will require that the applicant enter into a developer's agreement with the City to specify the financial responsibilities for various aspects of the subdivision and related public improvements. The developer is expected to pay the Water Availability Charge for the entire development at the time a final plat is approved (currently $3,000 per unit) similar to other developments that are connecting to the Lake Elmo Avenue water main. SUMMARY AND ACTION REQUESTED:, The City Council is being asked to consider a request for approval of a Preliminary Plat from Lennar Corporation for a 46-unit singled family -- page I -- City Council Meeting [Regular Agenda Item 14] July 21,2015 attached (townhouse) development to be located on slightly over 15 acres of land immediately east of Lake Elmo Avenue and north of the Hunters Crossing development. The proposed development site is located within the City's 1-94 corridor planning area, and is in an area guided for public sewer and water services. The preliminary plat has been prepared in response to the City's Comprehensive Plan for the corridor, which guides this site for medium density urban residential development. The Staff report to the Planning Commission concerning this request is attached to this memorandum, and includes a detailed summary of the request in addition to the detailed Staff review and recommendation. The City Council was scheduled to review this request at the 7/7/15 meeting, but consideration was postponed at request of the applicant. The applicant has now requested that consideration be placed back on the agenda The Planning Commission is recommending approval of the preliminary plat with several conditions of approval. The suggested motion to adopt the Planning Commission recommendation is as follows: "Move to adopt Resolution No. 2015-056 approving the Lennar Diedrich Townhouses preliminary plat with 16 conditions of approval." LEGISLATIVE HISTORY/PLANNING COMMISSION REPORT: The attached stall' report to the Planning Commission provides an overview of the request and a list of comments and recommendations from Staff. In order to address the initial set of comments from the City, the developer prepared an updated site plan prior to the Planning Commission meeting that reduced the overall number of units by two and that changed the originally planned private street to a public street meeting City specifications. Although the construction plans have not yet been updated, the Planning Commission's review focused on the updated site plan. The City will still need to review updated construction plans, and all previous review comments from the City Engineer and County Engineer will need to be addressed by the applicant. Since the Planning Commission meeting the developer has updated the landscape plan to provide a better overview of hew the site will look when completed. The Planning Commission considered the preliminary plat at its June 22, 2015 meeting and conducted a public hearing on the applicant's request at this time. No one spoke at the public hearing. The Planning Commission discussed the request and specifically issues associated with the timing of improvements to 51h Street, the updated site plan, and potential issues associated with the new configuration of lots. The Commission also noted that the developer would need to address an ownership issue in the extreme southwestern portion of the plat. Specifically, Ryland Homes owns a small remnant of land that is sandwiched between 5th Street and the Lennar property. This property is shown as part of the Lennar plat, but it may be excluded from the subdivision based on the developers' comments at the meeting. if this is the case, four of the lots need be adjusted in order to provide adequate rear yard setbacks. This is not a major plat concern, but will need to be addressed as part of a final plat submission. The Commission adopted a finding of fact to document their concerns over this issue. -- page 2 -- City Council Meeting (Regular Agenda Item 141 July 2.1, 2015 The Commission further discussed the status of parks in this area and the developer's request to pay a fee in lieu of land dedication. Commissioners adopted a motion to include a finding that there are no City parks within 1/2 mile of the subdivision site. The Commission also requested one additional condition of approval to clarify that the developer must secure a written agreement from Xcel Energy to perform the planned grading work within the existing power line easement. The conditions of approval as amended by the Planning Commission are incorporated into the draft resolution. The Planning Commission adopted a motion to recommend approval of the Preliminary Plat with the findings and conditions as noted in the attached Resolution 2015-056. The motion passed unanimously (7-0). BACKGROUND INFORMATIONISWOTt Strengths • The preliminary plat is consistent with the Comprehensive Plan and specifically the Urban Medium Density Residential land use classification. The project will connect to the Cottage Grove sewer interceptor via a connection to the gravity line constructed across the project site late last year. The project will connect to the Lake Elmo Avenue water main recently installed in this area. Weaknesses • The two developers adjacent to 5th Street have not yet agreed to build this road as a joint project. Opportunities • The development will include 46 REC units and will pay connection fees for sewer and water service. The developer has committed to paying the water availably charge for the entire development ($138,000 based on the current fee schedule) with the first phase of the final plat. • The project will include the construction of the initial segment of 5th Street to the east of Lake Elmo (which must either be constructed as a public project or privately by the developer). Threats • None identified. RECOMMENDATION: Based upon the above background information, Staff report and Planning Commission recommendation, it is recommended that the City Council approve the Lennar Diedrich Townhouses preliminary plat with the 16 conditions of approval as documented in the resolution of approval by taking the following action / with the following motion: "Move to adopt Resolution No. 2015-056 approving the Lennar Diedrich Townhouses preliminary plat with 16 conditions of approval." -- page 3 -- City Council Mee ing [Regular ilgeticla Item 14] July 21, 2015 ATTACHMENTS: 1. Resolution No. 2015-056 2. Planning Commission Report (6/22/15) 3. Application Forrns 4. Application Narrative and Information 5. Location Map 6. Tree Inventory 7. Review Comments: a. City Engineer b. Washington County 8 Preliminary Plat and Plans (20 sheets) a. Revised Site Plan (Dated 6/19/15) b. Revised Landscape Plan (Dated 6/25/15) c. Cover Sheet d. Legend Sheet e. Existing Conditions f. Preliminary Plat g. Preliminary Site Plan h. Preliminary Utility Plan i. Preliminary Grading Plan j. Erosion Control Plan k. Preliminary Seeding Plan 1. Preliminary Street Profiles in. Details n. Landscape Plan o. Tree Preservation Plan -- page 4 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2015-056 A RESOLUTIONAPPROVJNG A PRELIMINARY PLAT FOR THE LENNAR DIEDRICH TOWNHOUSES WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Lennar Corporation, 16305 36'1' Avenue North, Plymouth, 1VIN (Applicant) has submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for the Lennar Diedrich Townhouses subdivision, a copy of which is on file in the City of Lake Elmo Community .Development Department; and WHEREAS, the Lake Elmo Planning Commission held public hearing on June 22, 2015 to consider the Preliminary Plat request; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the _Preliminary Plat as part of a memorandum to the City Council from Community Development Director Kyle Klatt for the July 7, 2015 Council Meeting; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the Preliminary Plat at its meeting held on July 7, 2014 and made the following findings of fact: 1) That the preliminary plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2) That the preliminary plat complies with the City's Urban Medium Density Residential zoning district regulations. 3) That the preliminary plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances with the plan revisions as requested by City Staff and consultants. 4) That the preliminary plat complies with the City's subdivision ordinance. 5) That the preliminary plat is consistent with the City's engineering standards provided the plans are updated to address the City Engineer's comments documented in a letter dated June 17, 2014. 6) That there are no City parks located within 'A mile of the proposed subdivision. 7) That the updated development plans indicate that proposed structures on Lots 29-32 are located too close to the property line and that the development plans must be updated to move these structures to the required setbacks prior to the submission of a final plat. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the preliminary plat for the Lennar Diedrich Townhouses subdivision subject to the following conditions: 1) The landscape plan and tree preservation plan shall be reviewed and approved by an independent forester or landscape architect in advance of the approval of a final plat and final construction plans. 2) The final landscape plan shall incorporate additional plantings where feasible adjacent to the shared property lines with parcel at 11490 Hudson Boulevard. 3) The applicant shall be responsible for updating the final construction plans to include the construction of all improvements within the Lake Elmo Avenue (CSAH 17) right-of-way as required by Washington County and further described in the review letter received from the County dated March 3, 2015. The required improvements shall include, but not be limited to the construction of a northbound right turn lane and southbound center tum lane. 4) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed perrnits from the Valley Branch Watershed District prior to the commencement of any grading or development activity on the site. 5) The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. 6) The developer shall be required to pay a fee in lieu of park land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in the City's Subdivision Ordinance. A cash payment in lieu of land dedication shall be paid by the applicant prior to the release of the final plat for recording. 7) The applicant must enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site. 8) All required modifications to the plans as requested by the City Engineer in a review letter dated June 17, 2015 shall be incorporated into the plans prior to consideration of a final plat. 9) The applicant shall update all of the landscaping and construction plans to reflect the updated site plan that includes a public right-of-way within the project area. These updated plan shall be subject to review and approval by the City Engineer. 10) Although the updated site plan does not incorporate a private street, any request for flexibility from City regulations and standards must be considered and addressed as part of the final plat submission. 1 1) The final construction plans for the Diedrich Townhouses subdivision shall include, at a minimum, the northern portion of 5th Street if a joint construction project between the applicant and Ryland Homes does not proceed in advance of a final plat submission for the applicant's site. 12) The architectural covenants for the homeowner's association shall include provisions that discourage blank garage doors. All garage doors shall incorporate windows or decorative trim to minimize the visual impact of the garage -forward home design. 13) Prior to recording the Final Plat for any portion of the area shown in the Preliminary Plat, the Developer shall enter into a Developers Agreement acceptable to the City Attorney that delineates who is responsible for the design, construction, and payment of public improvements. 14) The site plan and construction plans shall be revised to include a sidewalk along at least one side of all streets within the subdivision. 15) The applicant shall pay a Water Availability Charge consistent with the Lake Elmo Fee Schedule for the entire development prior to the release of the final plat for recording, regardless of project phasing. 16) The developer shall secure a written grading agreement from Excel Energy concerning the proposed grading activity underneath an existing power line easement across the property prior to submission of a final plat. Passed and duly adopted this 21st day of July 2015 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk 1111' I) )1 LAKE ELMO PLANNING COMMISSION DATE: 6/22/15 AGENDA ITEM: 4A— PUBLIC HEARING CASE 2015-19 ITEM: Diedrich Property Townhouses (Lermar) — Preliminary Plat and Conditional Use Permit SUBMITTED BY: Kyle Klatt, Planning Director REVIEWED BY: Nick Johnson, City Planner Jack Chi ffin, City Engineer SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to consider a Preliminary Plat request from Lennar Corporation for a 46-unit single-family attached (townhouse) development to be located on slightly over 15 acres of land immediately east o f Lake Elmo Avenue and north of the Hunters Crossing development. The site is located within the 1-94 Corridor Planning Area and is therefore on property that has been guided for public sewer and water services. The application as originally submitted included a request for a Conditional Use Permit to allow the use of a private street to serve the individual townhouse units. The applicant has since updated the proposed site plan and plat to incorporate a public street within the development, which will eliminate the need for a conditional use permit. Staff is recorrunending approval of the request with conditions as listed in the below report. GENERAL INFORMATION Applicant: Property OWner: Location: Request: Lennar Corporation (Paul Tabone); 16305 3611' Avenue North, Suite 600, Plymouth MN 55446 Tammy Diedrich and Gerhard Rieder, 7401 Wyndham Way, Woodbury, MN 55125 Part of Section 36 in Lake Elmo, north of 1-94, east of Lake Elmo Avenue, and south of the Cimarron Golf Course property. Inunediately north of 404 Lake Elmo Avenue North. PID: 36.029,21.32.0002 Application for a preliminary plat related to a 46-unit townhouse subdivision. A request for a conditional use permit is no longer need based on the submission of an updated site plan with a public street. Existing Land Use and Zoning: Surrounding Land se: Vacant with fairly heavy tree cover. Current Zoning: RT — Rural Transitional; Proposed Zoning: MDR — Medium Density Residential North — Cimarron Manufactured Horne Park and golf course; East —Trans-City industrial building; West — Rural Residential property and The Forest residential subdivision; South — PUBLIC HEARING ITEM 4a — ACTION ITEM Hunters Crossing single family residential development; also one existing home site adjacent to Lake Elmo Avenue. Surrounding Zoning: MDR - Medium Density Residential, RT - Rural Development Transitional; LDR - Low Density Residential Comprehensive Plan: Urban Medium Density Residential (4 - 7.5 units per acre) Histmy: No history on file with the City. Site has been vacant or used for agricultural purposes for a long period of time. The sketch plan was reviewed by the City in February and March of 2015. Staff did not find any information in the City's land use files for the site that would impact the proposed subdivision. Deadline. for _Action: Application Complete - 6/3/15 60 Day Deadline - 8/2/15 Extension Letter Mailed - No 120 Day Deadline - 10/1/15 Applicable Regulations: Chapter 153 -- Subdivision Regulations Article 10 - Urban Residential Districts (MDR) §150.270 Stonn Water, Erosion, and Sediment Control REQUEST DETAILS The City of Lake Elmo has received a request from Lennar Corporation for a preliminary plat for a 46 unit townhouse development tentatively called the Diedrich Property Preliminary Plat. Please note that the original application and all of the construction plans as submitted were for a 48-unit project utilizing a private street. Due to several issues concerning the original configuration of lots and in order to address City, County, and watershed district comments and concerns, the applicant has submitted a revised site plan that now includes a public street and a reduced number of lots, The applicant may still be seeking some variation from City standards in order to plat a public street, and Staff is suggesting that any variations from the City's zoning and subdivision regulations be addressed at the final plat stage. The City previously reviewed a sketch plan for the property earlier in the spring of this year, and the current application has been preceded by a Comprehensive Plan amendment that changed the future land use designation of this parcel from HDR - High Density Residential to MDR - Medium Density Residential. The site under consideration is situated between the Cimarron Golf Course and the Hunters Crossing development north of the planned 5th Street corridor and west of Lake Elmo Avenue, The property is currently vacant, and there is no record of any buildings or structures being constructed on the site. When the City was initially planning the trunk sewer line project to serve the Village Area, the original alignment of the trunk sewer through this property followed the northern and eastern property boundaries. After subsequent discussions with the property owners, this alignment was changed to the southern boundary of the site, within what eventually become the planned right-of- way for 5'1' Street. The City has acquired easements for both 511' Street and the sewer and water main serving this area that cross the southern property boundary of the applicant's property. These easements may eventually be vacated since the preliminary plat will formally dedicate the required right-of-way for the road, sewer, water, and other utilities as 5'1' Street, A similar dedication of thc road and utility right-of-way was provided with Hunters Crossing to the South. PUBLIC HEARING ITEM 4a - ACTION ITEM The proposed access into the development is now proposed to occur via a new public road inunediately across from the entrance to Hunters Crossing (Lavent Avenue North). The City has previously approved the use of private roads to serve the townhouse units with Lennar's Savona subdivision, and the plan as originally drawn out called for a private road to be used to access the proposed townhouses. The road as originally planned would have been located within a 30-foot wide Outlot, however, the City Engineer expressed concern that this outlot was not wide enough to accommodate all necessary infrastructure (both private and public) to serve the development. In order to address these (and other) concerns, the applicant has propose a modified plan that accommodates a public street meeting all City standards. This updated plan has been submitted as a supplement to the original application materials that still include a 30-foot outlot with a private street. Any future plan submissions and reviews will need to address revised review continents from Staff, and specifically, the City Engineer, prior to approval of a final plat. The overall site plan is generally consistent with sketch plau submitted earlier this year. The two notable exceptions are that the (now revised) preliminary plat reduced the overall number of units from 50 to 46. The developer is proposing to construct a sidewalk along the main entrance into the development in addition to a sidewalk connecting the western cul-de-sac with the planned 5th Street trail. There are no interior sidewalks depicted on the preliminary development plans, and the applicant has stated that they believe that interior sidewalks will not be necessary given the low traffic volumes expected on the interior streets. Staff is recommending that if the project does includes a public street and right-of-way meeting City standards that a sidewalk on one side of all street be included in the final development plans. One oldie reasons that the applicant originally requested the use or a private street is that it would allow them to slightly vary the setbacks of the townhouse units in order to help minimize the visual impact of a row of townhouses all at the same setback. The developer is still looking for ways to add some variation to the setbacks, and will be seeking some minor modifications as part of the final plat submission in order to address this issue. Consistent with the City's specifications for the 5' Street roadway segment, the applicant has provided for a 100-foot wide right-of-way, which will provide sufficient room for the construction of a parkway with turning lanes, 10-foot bituminous trail, sidewalk, trees, lighting, and other design elements as planned by the City. In this case, the applicant is retaining the existing easement width of 110 feet at the intersection of 5th Street and Lake Elmo Avenue and narrowing the right-of-way down to match the 100 foot right-of-way platting within Hunters Crossing. Both Ryland Homes and liennar are still working towards a joint project to build 5th Street at one time verses splitting the construction up into northern and southern segments. The preliminary plat has been developed in response to the City's recently adopted Comprehensive Plan, which identifies all of the applicant's property for urban medium density residential development, The plat incorporates 46 single family attached lots, most of which are designed with widths around 40 feet each. Given the limited access to the site and relatively small nature of the property, the applicant has worked to incorporate some variety into the arrangement of lots as is possible given these restrictions. Public sanitary sewer service is presently available on the site, which was constructed as part of the Village trunk line project completed late last year. Water was extended to the site as part of the 2014 Lake Elmo Avenue water main project. Like other developments along this line, the developer will be expected to pay the full water availability charges for each planned lot (S3,000) at the time of the final plat, even if the project is broken up into different stages. PUBLIC HEARING ITEM 4a -- ACTION ITEM 4 PLANNING AND ZONING ISSUES The Diedrich Townhouse site is guided for urban medium density development in the City's Comprehensive Plan, and the appropriate zoning for the site will be MDR — Medium Density Residential. The actual rezoning of the property is a necessary step prior to development of this site that will need to be completed prior to approval of the final plat. The overall subdivision plan has therefore been prepared in order to comply with the district standards for the MDR districts in terms of lot size, lot widths, building setbacks, and other design criteria. Within the MDR district, townhouses are allowed that do not meet minimum frontage requirements or that are located along a private street as a conditional use permit. The planned road serving the townhouse lots extends due north from 5'1' Street and then splits east and west through the middle of the property to provide access to the townhouses. There are no planned connections to the east, west, or north of the property because these sites have previously been developed or will connect into 5`11Street once on either side of the site under consideration. Given the site characteristics and the in-unediately adjacent land uses (which are all different than single family), the applicant has had to design the site as an isolated island that is impractical to connect to adjacent properties. The streets as originally planned and later updated will meet the City's minimum standards for construction. The sidewalks within the subdivision are limited to those mentioned in the previous section of this report, and there are no sidewalks planned along the east/west private road. Please note that, the plat as originally submitted did not dedicate the amount of right-of-way that has been requested by Washington County. The County has previously requested that the developer dedicate an additional 42 feet of right-of-way along Lake Elmo Avenue, and that this right-of-way width be incorporated into the final plat. The additional right-of-way does impact the location of the planned storm water pond over Outlot A, and this pond and associated grading work will need to be adjusted in order to account for the expanded right-of-way. Updated plans must be reviewed and approved by the City, County, and Watershed District prior to the City's approval of a final plat for this subdivision. As noted in the preceding section, the developer has submitted an updated site plan that retains the same general layout, and configuration of lots, but changes the proposed private street outlot of 30 feet to a public right-of-way 60 feet in width. The additional right-of-way has been requested by the City Engineer to help ensure that there is adequate room for future maintenance and upkeep of public utilities (sewer, water, and other private utilities) within this subdivision. All final construction plans will need to be updated to reflect the public right-of-way and reconfiguration of lots. The preliminary site plan included as part of the application materials includes a description o f the lot size, dirnensions, and all required setbacks for the development. All of the lots meet the City's minimum area requirement of 4,D00 for single-family attached lots in a MDR district, with the smallest lot proposed at 5,527 square feet. The site plans further illustrate that throughout the subdivision the lots will average 8,782 square feet, which exceeds the minimum requirements by a fairly wide margin. The following is a general summary of the subdivision design elements that have proposed as part of the Diedrich Townhouses preliminary plat and plans: Zoning and Site Infomiation: • Existing Zoning: RT — Rural Transitional PUBLIC HEARING ITEM 4a — ACTION ITEM • Proposed Zoning: • Total Site Area: • Total Residential Units: • Proposed Density (Net): RFC Units from Comp Plan: Proposed Lot Dimensional Standards: • Min. Lot Width: • Lot Depth: • Lot Area: • Front Yard Setback: • Side Yard Setback: • Rear Yard Setback: Proposed Street Standards: • ROW Width — Local • ROW Width — Minor Collector • Street Widths — Local: • Street Width — Minor Collector MDR — Medium Density Residential 15.11 acres (includes Oudot D of Hunters Crossi 48 4 units per acre 57 (based on a gross calculation) 40 ft. 134 ft. (140 ft. typical) 4,000 sq. ft. (8,000 typical) 25 ft. 10 ft. 20 ft. 60 ft. (potentially could be reduced to 50 ft. for a limited access road) 110-100 feet 28 ft.(per City standard) Varies — parkway design proposed 5 The standards listed above are all in compliance with the applicable requirements from the City's zoning and subdivision regulations, including the revised public street and associated right-of-way. Based on Staff s review of the preliminary plat, the applicant has demonstrated compliance with all applicable code requirements at the level of detail that is required for a preliminary plat. The applicant will need to address the review comments from the City and County, and the final plat and final construction plans will specifically need to be updated to reflect the wider public street right-of- way and expanded Lake Elmo Avenue (CSAiI 17) right-of-way. Any variations from setbacks and other standards because of the amended road section will need to be addressed with the final plat. As with any new subdivision the City Code requires that a portion of the plat be set aside for public park use. In this case, the applicant is not proposing to dedicate any land specifically for a public park, and is instead asking to pay a fee in lieu of land dedication. This is not a site or general location that would suitable for a public park or any specific trail connections; therefore, Staff is supportive of the applicant's request to pay a fee instead of dedicating any public land with the subdivision. The required dedication for the 15.11 acre site would he 1.51 acres, or a cash payment of approximately S90,000 based on previous appraisals of land in this area. REVIEW AND ANALYSIS City Staff has reviewed the proposed preliminary plat, and has forwarded the plans to appropriate reviewing agencies in advance of the Planning Commission meeting. In general, the proposed plat will meet all applicable City requirements for approval, and any deficiencies or additional work that is needed is noted as part of the review record and can be imported in the final plat and final construction plans. The City has received a detailed list of cornments from the City Engineer concerning the proposed subdivision; these comments are attached to this report for consideration by the Planning Commission. PUBLIC HEARING ITEM 4a — ACTION ITEM 6 in addition to the general comments that have been provided in the preceding sections. of this report, Staff would like the Planning Commission to consider the issues and continents related to the following discussion areas as well: • Comprehensive Plan. The proposed subdivision is consistent with the Lake Elmo Comprehensive Plan for this area and with the densities that were approved as part of this plan (as recently amended). The net densities for the development fall within the low end of the range allowed for the urban medium density, and depending on the specific amount of land that will be dedicated for .5`b Street and Lake Ehno Avenue, this density will be somewhere in the 3,8 to 4.0 units per acre range. Given the site constraints and need to accommodate additional right-of-way within the plat, Staff has found that the proposed density is in keeping the spirit and intent of the Comprehensive Plan for this area. Other aspects of the Comprehensive Plan relate to the Hunter's Crossing subdivision as follows: • Transportation. The City's transportation plan calls for the construction of a minor collector road that will connect the eastern and western portions of the I-94 Corridor. Staff views this road as a critical piece of the transportation infrastructure that is needed to serve the densities that have been planned for this area, The City's previous acquisition of easements through this area anticipated the future alignrnent of 5'1' Street through the southern portion of the applicant's property and the proposed subdivision will officially plat this right-of-way with the final plat. Both Lennar and Ryland are still working towards a joint project to build all of 5'1' Street between their properties later this summer, and regardless of whether or not a joint project occurs, Lennar will need to build at least its half of 5'1' Street in order to provide access to the proposed townhouses. Staff will continue to work 1, v ith both parties to work towards a joint project that addresses the needs of the private developers and the City for access, • Parks. The City's park plan identifies proposed locations for neighborhood parks based on the anticipated population that should be served by each park. This subdivision is located at the periphery of a park search area for the arca east of Lake Elino Avenue, During its review of the sketch plan for this subdivision, the Park Commission did not recommend the dedication o f land within the subdivision for a new park, and instead agreed with the developer's request to submit a cash payment in lieu of'land dedication. Staff anticipates that a larger park that could be designed in conjunction with the School District near Oakland Junior High would better serve existing and future residents in this portion of the City. o Water. Public water service has been extended to this area via the public improvement project that installed a new water main along Lake Elmo Avenue last year. The final construction plans will need to abide by any recommendations of the City Engineer concerning the extension of water service through this site to service other adjacent sites (which will likely not be required given the exiting development on either side of the applicant's site). • Sanitaiy Sewer, The developer will be required to connect to the gravity sewer main that has been installed under the 511) Street right-of-way. The utility plans provided by the applicant document this connection, PUBL1C HEARING ITEM 4a - ACTION ITEM 7 o Phasing. The Lennar townhouse subdivision is located within the Stage 2 phasing area for the I-94 Corridor, The City's Comprehensive Plan allows the City to consider accelerating development stages when adequate public services are available. In this case, the sewer and water projects already completed help this project meet this threshold. The developer will also be required to pay all water availability charges for the project at the time of platting regardless of project stagi • Zoning. The proposed zoning for the site is MDR — Low Density Residential and the subdivision. has been designed to comply with all applicable requirements of this zoning district. • Subdivision Requirements, The City's Subdivision Ordinance includes a fairly lengthy list of standards that must be met by all new subdivisions, and include requirements for blocks, lots, easements, erosion and sediment control, drainage systems, monuments, sanitary sewer and water facilities, streets, and other aspects of the plans. The majority of these requirements have been addressed as part of the City Engineer's comments (which are detailed in the Engineer's comment letter) or have been reviewed as part of Staffs ongoing communications with the applicant regarding the project. The elhnination of the private street will help the project comply with several of the concerns previously expressed by the City Engineer and other Staff. • Infrastructure. The developer will be required to construct all streets, sewer, water. storm water ponds, and other infrastructure necessary to serve the development. • Landscaping. The applicant has provided a landscape plan for the development that is intended to comply with the City's requirements for number, size and spacing of trees along the public streets. This plan should be reviewed by the City's consulting landscape architect prior to the submission of a final plat. The applicant has also submitted a tree inventory that documents the type and size of all trees on the property and all those that will be impacted by construction to determine compliance with the City's tree preservation and protection plan as described below. • Tree Preservation and Protection. The City recently adopted a tree preservation and protection ordinance, and the applicant has prepared a tree inventory and tree preservation plan for the site. Overall, there are 1,387 caliper inches of trees on the subject property, and all of these trees will be removed in order to build the subdivision as planned. This means the developer will need to mitigate for 485 caliper inches (the amount that exceeds the allowed 3 0 °/0 removal) in accordance with the ordinance replacement schedule. The species and mix of replacement plantings should be also be reviewed by the City's consulting landscape architect, • Green Belt/Buffer/Screening. There are no planned green belts or buffers on or around the site under consideration. The proposed landscape plan incorporates plantings along all edges of the property and within the internal outlots. • Streets and Transportation. The proposed street system, as revised, has been designed to comply with all applicable subdivision requirements and City engineering standards. The developer must also commit to the construction of at least the northern portion of 5`I' Street in PUBLIC HEARING ITEM 4a — ACTION -ITEM order for the project to move forward as a final plat, The timing of this road will be somewhat dependent on whether or not Ryland and Lennar arc able to come to an agreement to build .5th Street as a joint project. The final construction plans should reflect how 5'1' Street will be built, and must include the northern portion if a join project does not move forward. The City has received and reviewed a complete set of construction plans for 5th Street as part of the Hunters Crossing development. o County Comments. Continents received form Washington County during the concept plan review, which focus on needed improvements to Lake Elmo Avenue (CSAH 17) to serve the development, are included in an attached letter from the County's Senior Planner dated March 3, 2015. Staff is recommending that compliance with the Courny's comments be added as a condition of approval for the plat, Trails.. The Planning Commission comments during the sketch plan review encouraged the developer to incorporate a trail connection between 5'1' Street and the eastern cul-de-sac. The developer has indicated that given the tight constraints on the site (even with the elimination of four units) that there is not sufficient room to provide for this trail connection. Staff would also like to note that the overall distance front the cul-de-sac to 5'1' Street is not a large distance even without a direct trail connection. • Street Names. Staff has forwarded its recorrunendation for street names to Lennar; and these names should be included on the final plat documents. • Adjacent Parcels. The proposed landscape plan includes additional plantings between the proposed townhouses and the industrial facility to the east. The landscape plan will need to be updated to reflect the revised site plan, and in particular, the plan should continue to provide for screening between the eastem-most townhouses and the adjacent industrial land, • City Engineer Review, The City Engineer has provided the Planning Department with a detailed continent letter as a summary of his preliminary plat review, Staff has incorporated the more significant issues identified by the Engineer as part of the recommended conditions of approval, and has also included a general condition that all issues identified by the City Engineer must be addressed by the applicant prior to approval of a final plat for any portion of the Diedrich townhouses. With the general site plan revisions that have been proposed by the applicant, the construction plans will need to be updated to reflect this revisions. Any additional comments or concerns from the City Engineer that arise from the plan updates will need to be addressed as part of a final plat submission. • Watershed District, The project area lies within the Valley Branch Watershed District and the developer will need to secure permits from the watershed district in order to proceed with the development as planned. One of the recommended conditions of approval is that the applicant receive plan approval from the watershed district prior to submission of a final plat for the subdivision. • Storm Water Management. In order to accommodate the County's requirement for additional right-of-way along Lake Elmo Avenue, the developer has had to readjust the size and configuration of the planned stone water basin over Outlot A. The County will not allow any portion of the storm water facility to be located within its right-of-way; therefore, the PUBLIC HEARING ITEM 4a — ACTION ITEM 9 plans will need to be updated to reconfigure and adjust the location and size of this pond. These updated plans will be subject to review by the City Engineer and Valley Branch Watershed District, The developer is also requesting to use the proposed pond as part of a water re -use system through lawn irr(gation. The City Engineer is seeking additional details concerning this system prior to making any recommendations concerning the viability of the system as proposed. Washington County Review. County Staff has previously provided review comments to the City concerning the sketch plan for the Diedrich townhouses subdivision to the City in a letter dated March 5, 2015. The most significant of the County's concerns is that the applicant will need to make improvements to the County road system in order to provide the necessary access to the subdivision. As a condition of approval, Staff has noted that the applicant will be responsible for including all improvements to Till 7 as required by the County as part of the construction plans for the development. In addition, the County has noted that the required right-of-way dedication for Lake Elmo Avenue should he 92 feet as opposed to the 90 feet shown, This request does impact the proposed stoma water plan as noted above. Based on the above Staff report. and analysis, Staff is recommending approval of the preliminary plat with several conditions intended to address the outstanding issues noted above and to further clarify ilie City's expectations in order for the developer to move forward with a final plat. The recommended conditions are as follows: Recommended Conditions of Approval: 1) The landscape plan and tree preservation plan shall be reviewed and approved by an independent forester or landscape architect in advance of the approval of a final plat and final construction plans. 2) The final landscape plan shall incorporate additional plantings where feasible adjacent to the shared property lines with parcel at 11490 Hudson Boulevard. 3) The applicant shall be responsible for updating the final construction plans to include the construction of all improvements within the Lake Elmo Avenue (CSAH 17) right-of-way as required by Washington County and further described in the review letter received from the County dated March 3, 2015. The required improvements shall include, but not be limited to the construction o f a northbound right turn lane and southbound center turn lane. 4) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed perraits from the Valley Branch Watershed District prior to the commencement of any grading or development activity on the site. 5) The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. 6) The developer shall be required to pay a fee in lieu of park land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in PUBLIC HEARING ITEM 4a — ACTION ITEM 10 the. City's Subdivision Ordinance. A cash payment in lieu o f land dedication shall be paid by the applicant prior to the release of the final plat for recording. 7) The applicant must enter into a separate grading agreement with the City prior to the conunencement of ally grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site. S) All required modifications to the plans as requested by the City Engineer in a review letter dated June 17, 2015 shall be incorporated into the plans prior to consideration of a final plat. 9) The applicant shall update all of the landscaping and construction plans to reflect the updated site plan that includes a public right-of-way within the project area. These updated plan shall bc subject to review and approval by the City Engineer. 10) Although the updated site plan does not incorporate a private street, any request for flexibility from City regulations and standards must be considered and addressed as part. of the final plat submission. 1 1) The final construction plans for the Diedrich Townhouses subdivision shall include, at a minimum, the northern portion of 5'1' Street if a joint construction project between the applicant and Ryland Homes does not proceed in advance of a final plat submission for the applicant's site. 12) The architectural covenants for the homeowner's association shall include provisions that discourage blank garage doors. Alt garage doors shall incorporate windows or decorative trim to minimize the visual impact of the garage -forward home design. 13) Prior to recording the Final Plat for any portion of the area shown in the Preliminary Plat, the Developer shall enter into a Developers Agreement acceptable to the City Attorney that delineates who is responsible for the design, construction, and payment of public improvements. 14) The site plan and construction plans shall be revised to include a sidewalk along at least one side of all streets within the subdivision. DRAFT FINDINGS Staff is recommending that the Planning Commission consider the following findings with regards to the proposed Lennar/Diedrich Townhouses preliminary plat: • That the preliminary plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. • That the preliminary plat complies with the City's Urban Medium Density Residential zoning district regulations. PUBLIC HEARING ITEM 4a — ACTION ITEM 1 I That the preliminary plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances with the plan revisions as requested by City Staff and consultants * That the preliminary plat complies with the City's subdivision ordinance. • That the preliminary plat is consistent with the City's engineering standards provided the plans are updated to address the City Engineer's comments documented in a letter dated June 17, 2014. RECCOMENDATION: Staff recommends that the Planning Commission recommend approval of the Lennar/Diedrich preliminary plat with the 14 conditions of approval as listed in the Staff report, Suggested motion: "Move to recommend approval of the Lennar/Diedrich preliminary plat iith the 14 conditions of approval as drafted by Staff' ATTACHMENTS: 1. Application Forms 2. Application Narrative and Information 3. Location Map 4. Tree Inventory 5. Review Comments: a. City Engineer b. Washington County 6, Preliminary Plat and Plans (20 sheets) a. Revised Site Plan (Dated 6/19/15) b. Cover Sheet c. Legend Sheet d. Existing Conditions c. Preliminary Plat f. Preliminary Site Plan g. Preliminary Utility Plan h. Preliminary Grading Plan i. Erosion Control Plan j. Preliminary Seeding Plan k. Preliminary Street Profiles I. Details m. Landscape Plan n. Tree Preservation Plan ORDER OF BUSINESS: - Introduction. Planning, Staff PUBLIC FIEAR1NG ITEM 4a — ACTION ITEM |2 Report 6yStaff '--..___—_---....... -------_—.Pkuudo8Staff - Questions ftnmthe Cou-mnisakm—....... .—_--.... Chair & Commission Members - Open the Public BuuhnIg----'_-------------_—..—...... .Cbuir - Close the Public .--''—_'—~.�Cb:� Discussion bythe Commission -----_---..Chair JLCommission Members PUBLIC HEARING ITEM 4a — ACTION ITEM Cale Received: Received By. LU File #: — THE OfTY OF LAKE ELMO 651-747-3900 3800 Laverne Avenue North Lake Elmo, MN 55042 PRELIMINARY PLAT APPLICATION Applicant_TPtOt- TA(-r-A:470eAriCkt Address: 1(-)5cS- tslf-t31-1tAwTW iJL c-c-2-/a6 Phone #: '757- - 24'5 - Email Address: Rtu--- —r3i66A/ (F) Fee Owner: Address: Phone #: Email Address: Property Location (Address and Complete (long) Legal Description: wcaerrt5). 74-cex/C4 EL34-0 -7D pf2,6t1,Lkit.i-ete-i General information of proposed subdivision: 45c0-LPee-JAaii9-41-S 1-a--. Conducted pre -application meeting with Staff? ErYes El No In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning Ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional appEcation expense, Signature of applicant Signature of Fee Own e S:\FORMS\Ponning Depl Forms - Peanlis Forrns - Current\Preliminary Plat Application only 10..713.docx Revised 3/10/2014 ZJ1 PM Date Received: Received By: Perrault. THE 651-747-3900 3800 Laverne Avenue Nab Lake Elmo, MN 55042 LAND USE APPLICATION 0 Comprehensive Plan 0 Zoning District Amend 0 Zoning Text Amend 0 Variance"(see below) 0 Zoning Appeal CO7COnditional Use Permit (aU.P.) 0Food Plain C.U.P. DJnten Use Permit (1.11.P.) 0 Excavating/Grading 0 Lot Line Adjustment 0 Minor Subdivision 0 Residential Subdivision Sketch/Concept Plan PUD Concept Plan El PUD Preliminary Plan 0 PUD Final Flan Applicant: tt-a.t6 — FetY Address: Phone # Email Address: Fee Owner. Address; Phone # Email Address: Property Location (Address and Complete (long) Legal Description: Detafled Reason for Request CrATCY---- M-4Ur-7 71&J 1304-1:7-7 c,reliaapri *Variance Requests: As outlined in Section 301.060 C. of the Lake Elmo Municipal Cade, the applicant must demonstrate practical difficulties before a variance can be granted. The practical difficulties related to this application are as follows: En signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning ordinance and current administrative procedures, I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional application expense. Signature of applic.anb (77?-%-.7.--1L IV Signature of tee owner. THE (iffy or, LAKE ELMO AFFIRMATION OF SUFFICIENT INTEREST Lake Elmo City Hall 1651-747-3900 3800 Laveme Avenue North Lake Elmo, MN 55042 I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from the owner to pursue the described action, Name of applicant G --- e Print) Street address/legal description of subject property 9 ( t Date Li/ 7,2 /i If you are not the fee owner, attach another copy of this form which has been completed by the fee owner or a copy of your authorization to pursue this action. If a corporation is fee title holder, attach a copy of the resolution of the Board of Directors authorizing this action. If a joint venture or partnership is the fee owner, attach a copy of agreement authorizing this action on behalf of the joint venture or partnership. Revised 9111/2913 3:94 PM '//It: or, .)I. - LAKE El N1/l ACKNOWLEDGEMENT OF TY Lake Elmo OlyHall 651747-3800 8800Laverne Avenue Ncrth LemElrno, MIN55o4Z This is tocertify that |ammaking application for the described action bvthe City and that |am responsible for complying withal|Oty requirements with regard k)this request. This application should beprocessed in my name and | am the party whom the City should contact regarding any matter pertaining to this | have read and understand the instructions supplied for processing this application. The documents and/or information | have submitted are true and correct to the best ofmyknowledge, |xd|| keep myself informed of the deadlines for submission of material and of the progress of this application. | understand that this application may boreviewed bvCity staff and consultants, | further understand that additional information, including, but not limited to, traffic analysis and expert testimony may be required for review of this application. | agree bpay bo the City upon demond, expanoqu, determined by the Qty, that the City incurs in reviewing this application and shall provide an escrow deposit to the City inonamount ho be determined by the City. Said expenses shall include, but are not limited to, staff time, engineering, legal expenses and other consultant expenses. I agree to allow access by City personnel to the property for purposes of review of my application, Signature of applicant �'R�o Name of applicant (Please Print) Name and address of Contact (if other than applicant) ReM�JmvmouwP�J Mr. Kyle Klatt Community Development Director City of Lake Elmo, MN Dear Kyle: Lennar Corporation is pleased to submit the preliminary plat application for a twin home community located on the Diedrich property (PIN 36.029.21.32.0002) along Lake Elmo Avenue. The proposed preliminary plat is in substantial conformance with the sketch plat for the property that was reviewed by the City during February. There are some modifications we wish to acknowledge with this submittal. In finalizing the design and layout, it was determined that homes were too close when private walks were added; private sidewalks were overlapping each other, especially when homes were located around the curves of both cul-de-sacs that were shown in the sketch plat. The wider public rights of way were overdesigned, and also resulted in tight spacing around each cul-de-sac. Additionally, units 38-23 all had fronts located along the same setback line, resulting in a stretch of homes that had no variation in placement. To remedy these issues and open up the design a bit more, 2 units were eliminated to allow more space between the twin homes, resulting in a total of 48 units. The easterly cul-de-sac has also been modified into a loop road with an outlot in a center island. This allowed us to space out the layout of the homes while providing an open space area for residents. Side setbacks have also been modified to a minimum of 7,5 feet. Because the entire interior street system is now set up as a private street, and side setbacks have been slightly modified to achieve a better fit between units, we are requesting that a CUP be processed as a master plan of development for this site primarily for the private roads, as was dune in the tovvnhome area for Savona. It should he noted that the width of the paved area is still 28' back to back; only the right of way has been reduced. The remainder of the site meets the minimum design requirements for the MDR District, with the exception of the modified setback, which can be governed by a CUP. The transition of the interior streets from public to private roads results in the opportunity for a HOA to maintain the streets, and the MDR District Density of 4 to 7 dwelling units per acre can still be achieved when right of way and pond areas are excluded. 16305 36th Avenue N, Suite 600 Plymouth, MN 55446 LE N9fCO Enclosed you will find the following project documents: O 5 sets of full-size plans, 1 digital set, 10 reductions size 1 1x17 O Signed and dated application & escrow deposit check a Current title commitment O Mailing labels — 750' radius o Vacation Exhibit for a portion of 511' Street We are confident that this layout enhances the site design from what was initially presented in the sketch plat, and are excited about a new prospective community in the City of Lake Elmo. Please contact me with ary questions, and I look forward to working with you. Sincerely, Paul J. Tabone Land Entitlement Mgr Lennar Minnesota rd St P! • ' **. imilAhyitalC; Le. GeoEye:i4cubet.',U3Dk OSGS:•AETA Getmapping. ,e,er grAiGN.g1GRAMTgrerpt767-VorrefGis1617Vilnii(47,37oi7:- Location Map: Diedrich Property (PIN: 36.029.21.32.0002) THE CITY OF LAKE ELMO Data Scource: Washington County, MN 10-22-2013 Diedrich Property 0 250 500 1,00D Feet It t1 1I 1"--500' Diedrich Z)rODertlr Tree TTlvPTl-0rlJ Lake E|Dl0, M'DDeSOfB April �A1� ��D�U u�' c�v�� Tree Inventory by: Ken Arndt Forest Ecologist/Wetland Specialist Midwest Natural Resources, Inc. 1O32West Seventh St. #1SU St. Paul, &4N55lV2 (631)'788'064I Tree Preservation Plans provided by: EE.' engineerins� l42IEnterprise Drive Mendota Heights, K4NSSI3U 651'681,1814 Tree Tag fl Size (DBH ") 1 1701 1 12/10 2 1702 15 l 3 1703 4 1704 5 1705 6 1706 7 1707 15 16/10 8 8 9 8 1708 8 9 1709 8 10 1710 8 11 1711 8 12 1712 8 13 1713 10 14 1714 8 15 1715 9 16 1716 8 17 1717 8 18 1718 8 19 1719 8 20 1720 8 21 1721 10 1722 8 1723 8 124 1724 8 1725 8 6 1726 12 27 1727 8 28 1728 9 29 1729 12 0 1730 8 31 1731 11 32 1732 10 33 1733 8 34 1734 8 37 38 39 40 41 42 43 44 45 46 47 48 49 1749 50 51 52 53 54 55 Common Name Siberian Elm Honey Locust (Siberian Elm 'S)berian EIm Jack Pine Jack Pine Red Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine 'Jack Pine 'Jack Pine Jack Pine Red Pine Red Pine _ Quaking Aspen Jack Pine 1735 9 1736 10 1737 9 1738 1739 1740 1741 1742 1743 1744 1745 1746 1747 1748 1750 9 1751 1752 1753 1754 10 1755 10 1756 Jack Pine I5cotch Pine 'Jack Pine I5cotch Pine 'Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine Red Pine 9 RedPine 10 Jack Pine 8 Jack Pine 6 Jack Pine 10 Scotch Pine 9 Jack Pine 8 Jack Pine 9 Scotch Pine 8 Jack Pine 8 Jack Pine 8 Jack Pine Scientific Name Wm us pumila Gleditsla triacanthos Ulmus pumila Litmus pumila Pinus banksiano Pinus banks-fano Pinus resinoso Pinus banksiano Pinus banksiona Pinus banksiona Pinus banksiano Pinus bonksiona IPinus banksiona Pinus banksiano Pinus bonksiana !Pinus banksiona [Firms banksiona IPinus banksiona 1Pinus banksiona Pinus bonkslana Pinus banksiona Pinus banksiona Pinus banksiona resinosa Pinus resinosa I Populus tremulofdes Pinus banksiona Pinus banksiona Notes offsite offsite I offslte offsite Pinus sylvestris heavy sapsucker damage along trunk nus banksiona Pinus sylvestrls Pinus banksiano Pinus banksiano Pinus banksiona Pinus banksiana Pinus banksiona Pinus resinosa Pinus resinosa Pinus banksiona Anus banksiano P* nksiona 1 Pinus sylvestris Pinus banksiona Pinus bookstana Pinus sylvestris Pinus bonksiona Pinus banksiona 1Pinus banksiona 8 Red Pine 112,nus resinoso 'Jack Pine 'Pinus banks/ono 'Jack Pine Pinus banksiano fRed Pine Pinus resinoso !Red Pine Pinus resinosa Red Pine Pinus resinosa Red Pine Pinus restnoso Red Pine Pinus resinosa heavy sapsucker damage along trunk heavy sapsucker damage along trunk Total Remove 12 8 9 8 10 8 8 9 10 9 9 10 8 10 8 8 8 8 8 9 9 8 8 10 10 8 Conifer Common Remove Remove 12 8 if Tree Tag 0 57 1757 8 58 1758 13 59 1759 8/6 60 1760 10 61 1761 10 62 1762 8 63 1763 10 64 1764 8 65 1765 8 66 1766 8 67 1767 9 68 1768 8 1769 9 70 1770 9 71 1771 10 77 1772 8 73 1773 9 74 1774 8 75 1775 8 76 1776 6/6/6 77 1777 8 78 1778 8 79 1779 8 80 1780 8 81 1781 9 87 1782 9 83 1783 8 84 I 1784 9 85 1785 8/7 86 2786 12 87 1787 9 68 1788 8 89 1789 8 90 1790 9 91 1791 8 92 1792 8 93 1793 8 94 1794 J 8 95 1795 9 96 1796 9/8 97 1797 98 1798 12 99 1799 8 100 1800 8 101 1801 9 102 1802 9 103 1803 8/7 104 1804 9 105 1805 9/7 106 1806 12 107 1807 13 108 1808 8 109 1809 9 110 1810 8 111 1811 9 I 112 1812 Size (DM ") Common Name Scientific Name Red Pine Scotch Pine Red Pine Red Pine Jack Pine Jack Pine Red Pine Scotch Pine Jack Pine Jack Pine Red Pine Jack Pine Jack Pine Jack Pine Scotch Pine Red Pine Red Pine Pinus resinosa Pinus sylvestris Pinus resinosa Pinus resinosa Pinus banksiona Pinus bankstana Pinus resinosa Pinus sylvestris Pinus bankstana Pinus banks -Tana Pinus resinosa Pinus banksiano Pinus banksiona Pinus banksiona Pinus sylvestris Pinus resinoso Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine 1Red Pine 'Red Pine Scotch Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine lack Pine Scotch Pine Scotch Pine Cottonwood [Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Siberian Elm Sox Elder Red Pine Red Pine Red Pine Red Pine Red Pine Pinus resinoso Pinus resinoso Pinus resinoso Pinus resinoso Pinus resinosa Pinus resMosa Pinus resinoso Pinus resinoso Pinus resinosa Pinus resinoso Pinus resinoso Pinus resinoso Pinus resinoso Pinus sylvestris Pinus resinosa Pinus resinosa Pinus resinoso Pinus resinoso Pjnus resinoso Pinus resinoso Pinus resinoso Pinus resinosa Pinus banksiona Pinus sylvestris IPMus sylvestris 1Populus deltoides Pinus resinosa Pinus resinoso Pinus resinoso Pinus resMosa Pinus resinosa Pinus resinosa Pinus resinoso litmus pumila Acer negundo Pinus resinoso Pinus resinoso Pinus resinosa Pinus resinosa Pinus resinoso Notes heavy sapsucker damage along trunk toppled but alive Total Remove Conifer Remove 8 8 14 14 10 10 10 10 8 8 10 1 10 8 8 8 8 8 8 9 9 8 8 9 9 9 9 10 10 8 8 9 9 8 8 20 20 8 8 8 8 8 8 8 8 9 9 a 9 9 15 15 9 8 8 9 8 8 9 9 17 17 8 8 12 8 8 8 81 9 9 9 9 15 15 9 9 16 16 12 13 13 8 8 9 9 8 Common Remove 12 113 114 115 116 117 118 119 120 121 I 122 123 124 I 125 126 127 128 129 130 131 132 133 134 # Tree Tag # 1813 1814 1815 1816 1817 1818 1819 1820 1821 1822 1823 1824 1825 1826 1827 1828 1829 1830 1831 1832 1833 1834 1835 1836 141 142 143 I 144 145 146 147 152 153 154 155 156 1837 1838 1839 1840 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 1851 1852 1853 1854 1855 1856 Size (DBH " (Common Name 8 Red Pine 8 Red Pine 8 Red Pine 8 Red Pine 9 Red Pine 15 Siberian Elm 20 Siberian Elm 12 Siberian Elm 14 Siberian EIm 12 Siberian EIm 13 Siberian EIm 8 Red Pine 8 lRed Pine 8 Red Pine 8/8 Red Pine 8/6 Red Pine 8 1Red Pine 9 back Pine 8 Red Pine 9 Red Pine 10 Red Pine 8 Scotch Pine 9 Red Pine 8 'Red Pine 8 Scotch Pine 8/8/8 Scotch Pine 8/8 1Red Pine 9/9 !Scotch Pine 8 Red Pine 8 Red Pine 9 Scotch Pine 8 !Red Pine 9/8 fRed Pine 9 Red Pine 8 Red Pine 8 Red Pine 14 Siberian Elm 8/6 Red Pine 8/6 Red Pine 9 Jack Pine 8 Red Pine 8 Scotch Pine 8 White Spruce 8 White Spru Trees that are toppled or have heavy sapsucker damage are not Included in totals Scientific Name Pinus resinosa Pinus resinoso Pin US resinosa Pinus resinoso Pinus resinosa U/mus purnfla_ Ufmus pumila Ulmus buffalo litmus pumila [limas pumila Ultras p um ila Pinus resinosa Pinus resinosa Pin US resinosa Pinus resinoso Pinus reslnosa Pinus resinoso Pinus bonksiona Pinus resinosa Pinus resinoso Pinus resinosa Pinus sylvestris Pinus resinoso Pinus resinosa Pinus sylvestris Pinus sylvestris Pinus resinoso Pinus sylvestris Pinus resinosa Pinus resinosa Pinus sylvestris Pinus resinosa Pinus resinosa Pinus resinosa Pinus resinosa Pinus reslnasa lUlmus pumila Pinus resinosa Pinus resinosa Pinus bonksfano Pinus resinosa Pinus sylvestris Picea alba Picea alba Notes offsite offsite Total Inches: Allowable removal: 30% Total Removal: Removal over threshold: Mitigation for conifers: 50% 486" required mitigation Total Conifer Remove Remove 8 8 8 8 8 8 9 15 20 12 14 8 8 8 16 14 8 9 8 9 10 8 9 8 8 24 16 18 8 8 9 8 17 9 8 8 14 14 14 9 8 8 8 1387 1387 416.1 1387 970.9 485.45 Common Remove 15 20 12 14 8 14 14 14 9 8 8 8 8 1263 124 MEMORANDUM Date: June l7'Z0l5 ENGINEERING, inc, Cara s,hcom.nE. Jack Griffin, p.e. Ryan Stemn��E, Chad |sokm�P,c. 651.300,4261 651.300.4264 651.300.4267 651.300.4283 To/ Kyle Nau,Planning Director Rs DiedhchPmpeny—Pe|iminaryP|anReview From: Jack Griffin, P.['Cby Engineer An engineering review has been completed for the Preliminary Plat submittal for the Diedrich Property, The submittal consisted of the following documentation prepared by Pioneer Engineering: ° Diedrich Property Preliminary Plan Set, ShcetsI-14 Lland T1,dated June l7'2015. ~ StormwaterManagement Plan dated June 3'2Ol5. STATUS/FINDINGS: Engineering has prepared the following review comments: PRELIMINARY PLAT ~ Ovt|ot Ais proposed as City owned tnaccommodate the storm water pond with an HOA owned and operated water re -use irrigation system. See comments below under StonnvvaterManagement. ° Ou0cu B is proposed as nO4 owned to accommodate a "Private Street". Se comments below under residential streets. ° The applicant must mbnoh to the City written correspondence from the [ovmY indicating that adequate [SAH 17 R/W is being dedicated as part of this Plat If additional K/VV is required by the County the Plat must berevised and resubmitted. ° The plat must be revised to include the Xcel Energy Transmission Easement along the nor-th property line. ° Permanent grading and drainage easements are required to implement the improvements as proposed. These easements must be obtained prior to grading activities and priorto the City accepting an application for final plat. All public improvements constructed *osupport the development must bedesigned and constructed inaccordance with the City Enpineering DesiRn Standards Manual available on the City website and dated February 2015. GRADING PLAN, STORK4VVATERMANAGEMENT AND STORM SEWER SYSTEM ° The site plan is subject to a s«/nn water management plan meeting State, VBVVD and City rules and regulations. Suznn water facilities proposed as part of the site plan to meet State and VOVVD permitting requirements must be constructed in accordance with the City Engineering Design Standards Manual available on the City website. A finalized storm water management plan must be approved by the City and the VBVVDpermit must beobtained prior tugrading activities. ° The StnnnwaterManagcment Nan incorporates storm water re -use through lawn irrigation, The re -use system is necessary for the applicant's plan to meet State and Watershed permit requirements for water quality treatment (volume contmU.0udmAis proposed as City owned tnaccommodate the storm water PAGE 1 of 4 pond. The water re -use irrigation system is proposed to be HOA operated and maintained on City property, Details of this plan are limited in the application. The following considerations should benoted. � Stonnwate/a'me when implemented correctly can be an effective method to educe reliance of potable water use while reducing storm water discharges. It would help to reduce peak demands on the potable water system that typically occurs during the summer irrigation and landscape watering season. These benefits make storm water re -use worth consideration. � However, the City has no design standards orguidelines for implementation and currently has on experience with storm water reuse operations. > The two most notable concerns for storm water reuse includes the Pollutants in the storm water (addressing treatment needs)and designing system that provides a properly balanced hydraulic system (sizing the storage, and balancing the drawdown to the projected use in a variable climate). � Pollutants in the storm water reuse system may be a concern for three basic reasons: 1) the health risks associated with human contact; 2)the impact onthe environment given the various uses (ie.bacteria or chlorides from salts); 3) issues for the system equipment and operational impacts. � Preliminary Plat shouWbecnndhiunedupon the foUvv following-. " The developer must sign an operation and maintenance agreement for the sUann water reuse system in a form acceptable to the City Attorney. The agreement must indemnify and hold harmless the City from any and all activities related to the developer and HOA's operation of this system. • The storm water pond must bedesigned with a hydraulic capacity acceptable to the City Engineer that ensures adequate flood protection without accounting for any water reuse from the system, = The storm water pond must hedesigned and constructed ioaccordance with the City Engineering Design Standards. = A detailed design of the irrigation system together with a detailed operations and maintenance plan must besubmitted prior toany grading orconstruction activity onthe site. � Per City requiements, all storm water facilities, including infiltration basins, must he placed in Ovdots deeded »othe City for maintenance purposes. The Dnrmwator Fnd|hyUudots must fully incorporate the lDD'yearHVVL 1Dfoot maintenance bench and all maintenance access roads. The pond grading must be revised to add a 10-foot maintenance bench around the entire pond, per the standard pond detail. i- The maintenance access road must be revised to access the pond from 51" Street North, not CSAH 17, ° Overland emergency overflows or outlets will he required as part of the site plan and must be located within drainage easements, must be in Bold Type on the plans, and must provide I foot of vertical separation to the low opening of any building structure. Lot information details must include ,he lowest opening in addition tothe lowest floor elevation, ~ The ultimate discharge rate and location is an important consideration to avoid negative 'impacts to downstream properties, The storm water management plan indicates the pond outfall pipe to discharge to the northerly property, The plan as proposed cannot heimplemented without permanent drainage and utility easements from the adjacent property. Permission should be provided to the City prior to accepting afinal plat application orallowing grading activities. • Significant grading is proposed along the northerly property to accommodate many of the proposed building pads, Without written permission to permanently alter grades on the adjacent property, the site would require a redesign. Property owner permission or easements should be provided to the City prior to accepting afinal plat application nrallowing grading activities. ^ The storm sewer system shall be designed to maintain the City standard minimum pipe cover of 3.0 feet. ° Per City requirements all storm sewer pipe easements must be a mininium 30-feet in width. ° The maximum allowable Curb run along streets without catch basins is35nfeet. Catch basins should be added along Street B, easterly cul-de-sac to maintain maximum curb run of 350 ft. ° Sump manholes are required prior to all discharge points, located at the last manhole or catch basin prior Ln|eavin.-opaved area, All sump manholes Must be4-fuutdeep. MUNICIPAL SANITARY SEWER ~ Municipal sanitary sewer service is readily available within the 5" Street R/W locatedadjacemtothep|at, ° The applicant is responsible to emend the municipal sanitary sewer m the development to serve the proposed properties. ° No trunk sewer oversizing is anticipated, The area can be served without a lift station. ° Sanitary sewer must be realigned to better maintain street centerfine alignment. ° The sanitary sewer is proposed to be placed within 0u|ot Bto be HO4owned and maintained as private street. The Outlot width must be a minimum of 40 feet with a 5 foot drainage and utility easement along each side of the street forthe corridor to be acceptable forthe placement of publicly owned and maintained utilities MUNICIPAL WATER SUPPLY ° m1onibpa|vvaterservicebno6i|yavai|aNewithinthe5*StreeR/VVbcatedadjaccntLothepbt. w The applicant is responsible to extend munidpa| water into the development to serve the proposed properties, ° Two connection points tnthe existing City system should berequired. ° Notrunk watermainoveoizingisanticipated for this development, • Additional hydrants and system valves will be required as part of the final design. ° vVatermain must be realigned to maintain 18'[oo,scpamdon from the sanitary sewer once the sanitary sewer is rca|ioncd as previously noted. ° Thewatnrnnain is proposed to be placed within Ou|ot 8tu be HOA owned and maintained as a private street. The Outlot width must be a minimum of 40 feet with a 5 foot drainage and utility easement along each side of the street for the corriclorto be acceptable forthe placement of publicly owned and maintained TRANSPORTATION IMPROVEMENTS ° Access to the development must be from 6*Stree\ as shown, directly across from the Hunters Crossing access roadway, ° The applicant will beresponsible toconstruct the north half of5mStreet from [SAnl7nzthe east plat edge of the Hunters Crossing development. This improvement must be completed at the developer's cost. ° The plat must dedicate the existing 51' Street roadway easement xs City P/VV. The plan indicates the minimum l00foot R/vVasrequired. A ton (l0)foot utility easement must heprovided along the north side ofthe S'hStreet R/VV. ° The proposed 2-lane collector parkway street (5th Street) design and 8enmetrio must meet all Municipal State Aid design standards for urban streets (882O.993G)for ADT> 1[\OQ8;4Omph design speed; and must be consistent with the detailed parkway cross section installed throughoutthe remaining corridor segments and as outlined in the 5th Street Collector Design Guidelines as prepared by City staff. " Right and left turn lanes must be incorporated along 5th Street Noith per the City design standards to maintain mobility along the Parkway since there is only one travel lane in each direction. Additional stoeetsoape amenities are required along 5th Street consistent with the remaining corridor segments. SthStreet Amenities include anorth side off -road bituminous trail, minimum l0foot width with 5fuotclear zone; asouth side concncteddawa|k,minimum 6foot width with 7foot dearznne;landscaping elements including acenter landscape median; and street lighting. * The applicant will also be partially responsible forthe improvements required by Washington County at the intersection ofS*Street and C5AH 17. RESIDENTIAL STREETS ° Street A nnurL include a 50 hoot tangent per City standards at the intersection with 5th Street before initiating the proposed horizontal curve. ° Street B, east cul-de-sac geometrics must be revised to eliminate turns greater than 90-clegrees. ~ It is preferable that Public Streets beconstructed to serve this development and designed tomeet (lie City's Engineering Design Standards including R/W width, street width and cul-de-sac radii. ~ If the streets remain HDA Privately owned, the following recommendations apply: � The steg/bou/evandsection nnustbewidened toaUmwfor adequate n=ncohipand maintenan�eby the City for the public utilities (watermain, sanitary sewer and storm sewer). � The street Outlot should be a minimum width of 40 feet (14 feet pavement + 6 foot boulevard) with 5- footminimumuNityeasomentoneachdde.Th)swiUenab|eanyfvtvrecons,,vctionacdvitytuemaln 100% within the Street 0ut|ot plus the utility easement. No additional encroachment on d`e properties/sidewalks should benecessary during future construction. � The typical section should be updated to include storm sewer and should show the small ud|itie5' demonstrating the 3-footseparation between gas andjoint trench. ° Street Avertical alignment should herevised toprovide aK=]7nninimumat STAO+7L00. Public Works Department Donald J.7wlsen.ns. meom, Wayne *, Sandberg, p,s. Deputy Director/County Engineer March 3.2O15 KWo0stt Community Development Director City ofLake Elmo 3600Laverne Avenue North Lake Elmo, MINI 55U42 RE: Washington County comments on the concept plan for the Diedrich property by Lennar Homes, City of Lake Elmo Dear Mr. 0aM: Thank you for providing the county with the concept plan for the Lennorsubdivision onthe Diedrich property, in Section 36 Jownship 29N , Range 21W along County Road (CR) 17B/Lake Elmo Avenue inthe City mfLake Elmo. The project consists of58attached single family residential dwelling units on 12 acres of land. Based on the plan provided, we have the following = There iscurrently 5Ofeet ofhghFuf-wayfrom the center line ofCounty Road (CR) 17B therefore, an additional 42 feet should be dedicated on the plat which should include the existing home site south uf5"'Street. � According to the Trip Generation Manual, 7mAddition /TE. 2003, this development will generate 478 Average Vehicle Trips (AVT) per day. ~ In the hdure, there will be atrm*ic signal aithe intersection of CR 17B and 51' Street and since 5"' Street will be a collector roadway, a center left turn lane should beprovided on5"'Street for access \nthe development, ° Access control must bededicated toWashington County along the C0H17/Lake Elmo Avenue frontage, This should bedenoted onthe final plat. ° Improvements to County Road (CR) 17Bvi|| be completed at the neo5m Street section, Washington County is working with the City of Lake Elmo on the planned improvements, The cost of these improvements will be the responsibility of the city, ° The developer or the city must submit the drainage report and calculations to our office for review ofany downstream impacts tothe county drainage system. Along with the drainage calculations, we will request written conclusions that the volume and rate of stormwater run-off into the county right -of way will not increase as part of the pnojecL 11660 Myeron Road NoAx.Stillwater, Minnesota 5oo82-9om pxmne� 651'430-4:00 ' Fox: 651'*30-4350 ` TTY� 651430-6245 v*=,00,w°soingmnmnv, Equal Employment Opportunity / Affirmative Action March 3.2O15 Diedrich Property Concept Plan w All stonnwaterponds should belocated outside the county hQ . w VVeshingtonCounb/o Policy is hoassist local governments /n promoting compatibility between land use and highways. Rauidanbo| uses located adjacent tohighways often result incomplaints about traffic noise. Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency (MPCA), the U,S. Department of Housing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030,0030 states that municipalities are responsible for taking all reasonable measures to prevent land use activities listed inthe K8PCA'nNoise Area Classification (NAC)where the establishment of the land use would result in violations of established noise standards, Minnesota Statute 11G.O7.Subpart 2aexempts County Roads and County State Aid Highways from noise thresholds, County policy regarding development adjacent h/existing highways prohibits the expenditure ofhighway funds for noise mitigation measures |nsuch areas, The developer should assess the noise situation and take any action outside nfCounty right ofway deemed necessary tominimize the impact qfany highway noise, Any grading within County right of way will require aWashington County Right of Way Permit. � All utility connections for the development require INashington County Right of Way permits, Typically, these are the responsibility n(the utility companies. Thank you for the opportunity to comment on this concept plan. |[ you have any questions, please contact meat651'430-43G2orann.punO-tenwedo(cDco.mauhinqhon.mn.uo Reganju. AmnPung-Tenwedo Senior Planner Cc: Carol Hanson, Office Specialist R/Plat Reviews/Cfty of lake Elmo/Diedrich property ni I I Frlt rriiII rnm SrE PLAN4 SITE DATA PROJECT AREA; t12 ACRES (EXCLUDING 5TH STREET AND 17 ROW) GUIDE PLAN: URBAN MEDIUM DENSITY (4,7-7 UNI IS/ACRE NET) DL`LK STANDARDS REAR SETBACK; 25' FRONT SETBACK: 25` SIDE SETBACK: 15' BETWEEN BUILDsNGS, 15 SIDE CORNER SETBACK ALONG 5TH STREET 56` PROPOSED UNITS: 46 LENN *R DIEDRICH PROPERTY 1, 1 : H-1 rrf'c-r-n '5'"'11-171 n ; 4 ; h ‘1; T Tg, 57 PIZNEEReneneering "4:44.14.4.1h.:44.7 , rANNrr hr- ; NNAkANC ,,A6A: IN 11.11 SITE DATA ,ROJEC7 AREA: t17 ACES (EXCLUDING 5TH STREET AND 17 ROW) GUIDE PLAN: URBAN MEDIUM DENSITY (4 7-7 UNITS/ACRE NET) BULK STANDARDS REAR SETBACK: 25 FRONT SETBACK: 25' SIDE SETBACK: 19 BETWEEN BUILDINGS, 15' SIDE CORNER SETBACK AI_ONC, STH STREET; 40' PROPOSED UNITS: 45 SITE PLAN 5 LENNAR PKOPliliTY PIZNEERengineering ,tttlytutt.G`t- .tt tO, t-G DIEDRICH PROPERTY PRELIMINARY PLAT LAKE ELMO, MINNESOTA 5111i1T1 LENNAR GitmGhcIATAGG Gt }Err SHEET INDEX 1, COVER SHEET 2. LEGEND SHEET 3. EXISTING CONDITIONS 4. PRELIMINARY PLAT 5, PRELIMINARY SITE PLAN 6-7, PRELIMINARY uriuty PLAN S. PRELIMINARY GRADING PLAN 9, EROSION CONEROL PLAN 10, PRELIMINARY SEEDING PLAN 11. PRELIMINARY STREET PROFILES 12-14. DETAILS L 1. LANDSCAPE PLAN T I, TREE PRESERVATION PLAN .fltr. tt,,,Pte ItGaGGI S2 AG datG.S4.3.) (19iI3 DIEDRICH PROPURTY 1 .0.1Asr, A A SECTh I ,Sft. Tt9'. 2'J, ftGG 7f LOCAYIQH NAP i A NEERCng neeri g o t> ux. nrvawn. ma pp. fax.. xlytYX, <41K a<6E Ps¢i at tMx xuYfn•aat usxsv m t . 5a.�nm xi t 5acifan 35, [a.nu,y 13 Hetb, :unp 44 oa , n+fYtnn R.uos R. Nfx7BRS CND51280 '6i k11011mt ossxG.ng so esa +sm. x pue Xxxad. xani*gke in,x. nasNa EXISTING CONDITIONS DIEDRICH PROPERTY R. 474 (COUNTY1RO. 178) LAKE ELMO AVENUE. NORTH (COUNTY-RD 17E) LAKE E'UJO AVENUE IJORTk TY RO: 17) LAKE ELMO AVENUE \OUTLOr A \• PleNEERengineering 7 ttt !tort 45Litt.itti 4 i 2 !• If ttta _.,314-tIttIttat- t DU,IXOT t Itttrti" ttt in,• 37114 last - rPvcn0.(04 'tit! 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TREES 1A6CVE HEAVY DASHED LINE !COUNTED TOWARD THE FRONTAGE ' !AND DEVELOPED AREA IREOL'IREMENT D(EDRICH PROPERTY • 4cr PIZNEER engineering 75' TYP!CAL Pr TRENCH c)N 0414.1,1+ LENNAR DETAIL EXIBBIT v”, DIEDRICH PROPERTY '1111i CITY' (11' LAKE E LN' 0 AYOR & COUNCIL CO UN/CATION DATE: December 15, 2015 CONSENT ITEM CONSENT #14 MOTION AGENDA ITEM: Approval of Joint Powers Agreement for the East Metro Public Safety Training Facility SUBMITTED BY: Greg Mahriquist, Fire Chief THROUGH: City Clerk REVIEWED BY: Finance Director SUGGESTED ORDER OF I3USINESS: Introduction ()IItem ....... City Administrator ..... ....... .......... ..... Fire Chief Questions from Council to Staff.... ..... ............ Mayor Facilitates Call for Motion ..... Mayor & City Council Discussion.... ..... ............. ...... ............ ........ Mayor & City Council Action on Motion............. ...... ...... .......... Mayor Facilitates POLICY RECCOMENDER: Fire Department FISCAL IMPACT: $4,400.00 ($200.00 per Firefighter) Annual Fee which will be covered by reimbursement from the MBFTE (Mn Board of Firefighter Training and Education) as well as budgeted training monies for rental of the facility. SUMMARY AND ACTION REQUESTED: Approval of the JPA Agreement between the City of Maplewood and the City of Lake Elmo for unlimited use of the East Metro Public Safety Training Facility. LEGISLATIVE HISTORY: Lake Elmo Fire Department has been an active participant in the process to bring the East Metro Public Safety Training Facility to reality since it began. It started in November of 2009 when the city passed a Resolution supporting State Bonding Funds for the Design and Building of the facility, (see attached). Once the project received funding and began to move ahead we were involved with the design sub -committee for the facility. From the very inception of this project we realized the benefit of having this facility being in such close proximity to Lake Elmo and the training opportunities it would provide for us into the future. City Council Meeting [Consent Agenda hem kyx) December 15, 2015 This state of the art facility will provide high level training for our department that we are unable to achieve by any other means. The "Full JPA" membership that we are recommending is not only the most cost effective participation for us, as it provides unlimited use of the facility and no additional charges for "consumable costs". It also gives us first priority for site scheduling and a seat on the Board that governs the operation of the facility. BACKGROUND INFORMATION (SWOT): Strengths Provide much needed, high quality training for our department. Opportunities to train with other agencies, Weaknesses Opportunities Participation on the board to have a voice in future decisions that impact our training needs. Threats The possibility of reimbursement funding from the MBFTE, not being funded by the State. RECOMMENDATION: Staff recommends Approval of the IPA Agreement between the City of Maplewood and the City of Lake Elmo for use of the East Metro Public Safety Training Facility. ATTACHMENTS: Joint Powers Agreement Resolution 2009-044 -- page 2 -- JOINT POWERS AGREEMENT EAST METRO PUBLIC SAFETY TRAINING FACILITY THIS AGREEMENT is made on the day of Maplewood, RECITALS 20 , between the Cities of A. Each Member to this Agreement has determined that it is in the best interests of their communities to undertake in a cooperative fashion the operation of a facility in the NORTH EASTERN portion of tlIC Twin Cities metropolitan area to be used for the training of public safety disciplines. B. It is more economical for the Members to jointly and cooperatively construct and operate a public safety training facility than for each Member to construct and maintain its own facility. C. The Members are authorized pursuant to Minnesota. Statutes, Section 471.59, to enter into agreements providing for the joint and cooperative exercise of powers corrunon to them. D. The Members desire to jointly and cooperatively exercise power common to them by jointly operating a public safety training facility in accordance with the terms set forth herein. NOW, THEREFORE, in consideration of the mutual understandings and agreements hereafter set forth, the Members agree as follows: ARTICLE I Section I. Definitions. When used in this Agreement, the following terms shall be defined as follows, unless a different meaning is clearly specified: Association- The term "Association" shall be used to refer to East Metro Public Safety Training Facility Association which is formed by this Agreement. Board- The term "Board" shall be used to refer to the governing body of this Association. Board Member- The term "Board Member" shall be used to refer to an individual member of the Board, who is appointed in accordance with Article II, Section 2 to represent a Member municipality or public corporation of the Association. Coordinator- The term "Coordinator" shall be used to refer to the person appointed by the Board to manage and coordinate the daily operation of the Facility. EAST METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT- Page 1 Cost Sharing Formula Full JPA membership_- By January 1 of each year, each member will provide a department list to the board with the names of each firefighter for the purpose of determining the number of firefighters per department to be used in the fee calculation. Members will pay based on the number of firefighters in their agency for the year. (see Appendix A for pricing ) Full JPA members will have access to the site 365 day per year, subject to scheduled availability, first priority for site scheduling, and a seat on the "Board" that governs the operation of the facility. Hour Base JPA Members — By January 1 of each year, each Hour Based member will determine the estimated number of training hours to be prepaid for their agency for the upcoming year from the blocks listed. (see Appendix A for hourly blocks and pricing) Hour Based JPA members will have second priority for site scheduling, training provided for an agency Site Manager, and reduced hourly rates based on the number of hours selected. Executive Board- The Executive Board shall be the body that oversees the day-to-day business of the Facility and shall consist of the Appointed Officials of the Board as defined in Article II Section 2 and an additional appointed member representing the City of Maplewood, the underlying landowner. Facility- The term "Facility" shall be used to refer to the East Metro Public Safety Training Facility and shall include all structures, buildings and the grounds associated with the East Metro Public Safety Training Facility. Hazardous Substance- The term "Hazardous Substance" shall be used to refer to any pollutant, contaminant, hazardous substance or waste, solid waste, petroleum product, distillate, or fraction, radioactive material, chemical known to cause cancer or reproductive toxicity, polychlorinated biphenyl or any other chemical, substance or material listed or identified in or regulated by any Environmental Law. Environmental Law refers to the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. 9601 et seq., the Federal Water Pollution Control Act, 33 U.S.C. 1201 et seq., the Clean Water Act, 33 U.S.C. 1321 et seq., the Clean Air Act, 42 U.S.C. 7401 et seq., the Toxic Substances Control Act, 33 U.S.C. 1251 ET SEQ., all as amended from time to time, and any other federal, state, local or other governmental statute, regulation, rule or ordinance dealing with the protection of human health, safety, natural resources or the environment now existing and hereafter enacted. Maier Improvement- The term "Major Improvement" shall be used to refer to any addition to or improvement to the Facility designated as a Major Improvement by the Board irrespective of value or any addition to or improvement to the Facility with a value at $50,000 or greater. Member- The term "Member" shall be used to individually refer to a municipal corporation or public corporation that is a party to this Joint Powers Agreement. EAST METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT- Page 2 Operating Budaet- The term "Operating Budget" shall be used to refer to the annual budget of operating expenses for the Facility, including but not limited to, maintenance and repair of the building and grounds, costs of utilities, maintenance and repair of all equipment associated with the building, supplies and materials associated with the operation of the Facility, personnel expenses associated with the Coordinator and other ordinary business expenses associated with the operation of the Facility, except for Major Improvements. Public Safety Consumables- The term "Public Safety Consumable" refers to propane fuel , liquid smoke used in fire firefighting operations, fire extinguishing material, pallets and straw other than water, used in any fire fighting training operation and other unique training supplies declared to be Public Safety Consumables by the Board. Section 2. Plural and Sinaular References. Unless a contrary intent is clearly demonstrated, a singular reference to a person or entity shall include the plural and a plural reference to persons or entities shall include the singular. Section 3. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. ARTICLE II Section 1. Formation of Association. The parties to this Agreement form the "East rvletro Public Safety Training Facility Association" for the purpose of operating a public safety training facility. Each party shall be a Member of the Association until it terminates or participation is otherwise truncated pursuant to Article III. Section 2. Governance of Association. The Association shall be governed by a Board consisting of one representative from each Member. The Board representative need not be an elected official or any Member of the Association. The Member shall designate an individual to serve as such Member's representative and an alternate representative who shall be entitled to act as the representative of the Member on the Board in the case of the absence or disability of the representative of such Member on the Board. Each representative and their alternate shall serve until a successor is appointed and assumes his or her responsibilities. Board Members and their alternates shall serve at the pleasure of the Member appointing them and any vacancy on the Board shall be filled by the Member whose position on the Board is vacant. EAST METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT- Page 3 Each Board Member shall have one vote. The Board shall act by 3/4 majority vote of the Board Members at a meeting duly called upon 15 days written notice to each Board Member and to the manager or executive director of each Member. Should the membership in the Association decline to three members the 3/4 majority vote required for Board action shall be reduced to a 2/3 majority vote. At least three Board Members must be present to constitute a quorum of the Board. The Board shall meet at least once annually and more often as it deems necessary to perform it's duties, The Board shall designate one of the Board Members as the Chair and a second as the Vice Chair as well as one to be a Secretary/Treasurer (the Officers of the Board). This designation will be made annually by the Board and the Chair and Vice Chair shall retain their positions until a successor has been designated. All appointed officers must be voting members of the Board. The Chair shall preside at all meetings of the Board and shall perform all duties incident to the office of Chair and such other duties as may be delegated by the Board. The Vice Chair shall act as Chair in the absence of the Chair and the Secretary/Treasurer shall act in the absence of the Vice Chair. A record of all proceedings of the Board shall be maintained by the Secretary/Treasurer and a copy of that record shall be forwarded to each Member. The Chair, Vice Chair and Secretary/Treasurer shall have the authority to sign all documents on behalf of the Association. The Board may establish committees for any purpose related to the business of the Association. The members of a committee need not be members of the Board. Committees are subject at all times to the direction and control of the Board. Section 3. Executive Board- The Executive Board shall be the body that oversees the day-to-day operation of the Facility and shall consist of the Appointed Officials of the Board as defined in Article 11 Section 2 and an additional appointed member representing the City of Maplewood, the underlying landowner. If a member of the Executive Board is also the Maplewood Representative to the Association, the additional appointment is not necessary for so long as Maplewood's interests are directly represented on the Executive Board. Section 4. Operating, Committee. There shall be appointed by the Board an Operating Committee, consisting of a fire training officer for each Member which is a fire fighter participant. The Operating Committee shall be responsible for identifying training needs, working with the Coordinator to schedule curricula and training sessions, insuring proper supplies, coordinating the maintenance of the Facility, and developing an Operating Budget for submission to the Board for approval. The Operating Committee will be responsible for the development of the operating policy for the Facility and shall forward recommendations with respect to the Facility to the Board as appropriate. Section 5. Fiscal Matters. The Board shall designate one of the Members to act as, "Fiscal Agent' for the Association. The Fiscal Agent shall have custody of the Association's funds, shall pay its bills, EAST METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT- Page 4 shall keep its financial records, and generally conduct the financial affairs of the Association. The Fiscal Agent shall be responsible for such other matters as shall be delegated to it by the Board. The City of Maplewood is hereby appointed as Fiscal Agent until such time as a successor fiscal agent is appointed by the Board. Any Member may inspect and copy the Association's books and records at any and all reasonable times. All books and records of the Association shall he kept in accordance with normal and accepted accounting procedures and principles used by Minnesota cities. The Fiscal Agent shall prepare annual financial statements of the Association. A copy of such annual financial statements shall be distributed to each of the Members. Section 5. Operating Budget. On or before May 1 of each year, the Board shall prepare and approve a budget for the operation of the Facility for the next calendar year. A copy of the operating budget and a break down of each Member's share of the operating cost, using the Cost Sharing Formula, shall be forwarded to each Member by May 15. Each Member shall be responsible for the payment of their share of the operating costs of the Facility. All member fees will be paid by January 15 of each year. If fees are not paid within thirty (30) days, a late fee of one percent (1%) will be assessed to the member department. Fee payments not made within ninety (90) days will come before the board for action. Failure of a Member to pay its proportional share of the operating costs, or additional expenses unanimously approved by the Board shall be grounds for removal of the Member from the Association. To the extent possible, expenses that are exclusively related to one public safety vocation (police or fire) shall be stated separately with the assessment allocated to Members who are participating members for that vocation, including Public Safety Consumables which shall be stated separately and assessed against the Member actually using those items. Section 6. Facility Coordinator. A person shall be appointed by the Board to act as the Coordinator for the Facility. The Coordinator shall be an employee of one of the Members and the Member employing the Coordinator shall be entitled to reimburseinent of wages, benefits and other payroll related expenses under guidelines established by the Board. The Coordinator shall be responsible for the day to day operation and maintenance of the Facility and other responsibilities as assigned by the Board. The Coordinator shall be responsible for managing rental agreements from any non - Member public safety agency which desires to utilize the Facility for training purposes. Section 7. Maior Improvements. If recommended by the Operations Committee and approved by the Board in advance and ratified by the governing body of each of the Members, the costs of all major capital additions and improvements to the Facility shall be assessed against each Member based upon the Cost Sharing Fortnula. Where a Major Improvement is only related to one public safety vocation EAST METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT- Page 5 (police or fire), the costs shall only be allocated against the participating 'Members for that vocation. Section 8. Liability and Insurance. The East Metro Public Safety Training Facility Association is a separate and distinct public entity to which the parties have transferred all responsibility and control for actions taken pursuant to this Agreement. The East Metro Public Safety Training Facility Association shall defend and indemnify the parties, and their officers, employees, and volunteers, from and against all claims, damages, losses, and expenses, including attorney fees, arising out the acts or omissions of the Joint Powers Board in carrying out the terms of this Agreement. This Agreement does not constitute a ‘vaiver on the limitations of liability set forth in Minnesota Statutes, Section 466.04. Nothing herein shall be construed to provide insurance coverage or indernnification to an officer, employee, or volunteer of any member for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. To the fullest extent permitted by law, action by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. la(a), provide further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of another party. The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties. Any excess or uninsured liability shall be borne equally by all the members, but this does not include the liability of any individual officer, employee, or volunteer which arises from his or her own malfeasance, willful neglect of duty, or bad faith. The Association shall purchase insurance in forms and amounts to adequately protect its insurable interests in the value of the Facility and all other property of the Association against perils of tire, theft, vandalism and Acts of God, and to protect the financial interests of the Association, the Members and their agents and employees, against all claims or lawsuits, including expenses and attorney fees, arising from the ownership, design, operation, and maintenance of the Facility. The policy limits, terms and conditions shall be acceptable to each Member. Costs of insurance shall be included in the Operating Budget. The Board shall continually assess the need for other policies of insurance deemed necessary and appropriate by the Board to protect the property of Association, to protect the EAST METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT- Page 6 Association from claims and to protect the Members of the Association from any claims that might be made against them by virtue of their participation in the Association and operation of the Facility. Section 9. Facility Use. Each Member shall be entitled to use of the Facility subject to advance scheduling through the Coordinator under the rules and guidelines established by the Operating Committee. Section 10. Use By Other Public Safety Agencies The Board may establish guidelines and policies for use of the Facility by other non - Member public safety agencies for a rental fee. The Coordinator shall implement the guidelines for use of the Facility and shall be in charge of scheduling and collection of rents and fees. Rental use by other non -Member public safety agencies shall not conflict with scheduled activity by any Member. Any rents or fees collected in excess of the yearly operating expenses may at the Board's discretion, be retained for repair or improvements to the Facility, future operating expenses, or returned to the Members in proportion to the Cost Sharing Formula. ARTICLE III Section 1. Addition of Members to Association Additional Members may be added to the Association upon a majority vote of the Board and the ratification of a majority of the governing bodies of each Member, Any department that wishes to become a member at anytime during the year will be charged based on the formula as listed. Full JPA Member agencies will then be prorated based on the number of months left in that year. If during that year a Full JPA member department adds or loses a firefighter, there will be no refund for a reduction of firefighters nor will there be an added charge for additional firefighters in that year. Section 2. Withdrawal from Association. Any Member may withdraw from the Association by giving written notice of intent to withdraw directed to the attention of the Board members not later than January 1 of the preceding year. A Member's notice of intent to withdraw shall be accompanied by a certified copy of a resolution of the Member's governing body stating its intent to withdraw from the Association. The withdrawing Member shall not be entitled to any refund for its share of the capital costs or fees or operating costs paid under this Agreement. The withdrawing Member waives any and all rights and interest in the Facility as of the date of withdrawal. Any withdrawing Member shall also be responsible for its proportionate share of outstanding EAST METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREENIENT- Page 7 operating costs of the Facility through the end of the calendar year in which it gives notice of intent to withdraw, A withdrawing Member shall not be relieved of responsibility for any foreseen or unforeseen liabilities that may have accrued while they were a member of the Association, including, but not limited to the cost of clean-up of any hazardous substance from the Facility site. A withdrawing Member shall have no claim to assets of the Association including excess fees or rents collected under Article III, Section 10, Section 3. Dissolution. Upon unanimous approval by the Members and ratification of the governing bodies of each Member, a dissolution of this Association may be adopted, at which time the liabilities of the Association shall be satisfied from the assets of the Association. The Members further agree that they will share in the cost of clean-up of any hazardous substance caused or created by the Member's usage of the Facility site. The Facility shall then revert to the City of Maplewood, and all remaining assets shall be divided among the Members at the time of dissolution based on the Cost Sharing Formula. In making a final distribution of assets, the value of the Facility shall be credited against any share of the remaining assets the City ofMaplewood would otherwise be entitled to receive under this provision. Section 4. Assignment A Member shall not assign or transfer its rights and obligations under this Agreement without the prior unanimous written consent of all other Members and the ratification by the elected bodies of each Member. Section 5. Amendment. This Agreement may be amended upon proposal by the Board and approval by the governing body for each Member. ARTICLE IV. Section 1. Location of Public Safety Training Facility. The Association shall provide for the equipping and operation of a public safety training facility. The Facility shall be constructed on property owned by the City of Maplewood and located at 1881 Century Ave North in the vicinity of the intersection of Washington County CSAH 14 and MN Highway 120 to the west within the corporate limits of the City of Maplewood as more specifically described in Exhibit A hereto. Before commissioning of the public safety training facility the Association shall enter a long term ground lease with the City of Maplewood covering the Facility Site for a term of thirty (30 ) years as indicated in Exhibit B. The lease shall provide for renewal for successive ten year periods at the option of the Association. EAST METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT- Page 8 Section 2. Ownership of the Public Safety Training Facility The Association shall be the owner of the Public Safety Training Facility. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their duly authorized officers by authority of their respective governing bodies. CITY OF MAPLEWOOD Mayor City Manager Date / / CITY OF Mayor City Manager Date EAST METRO PI fLiLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT- Page 9 x A Full JPA membership $200 per firefighter annually. (Includes the cost of all consumab Hour based JPA membership cos 0-8 Hours: $2500 9-20 Hours: $5000 21-40 Hours: $8000 41-80 Hours: $10,000 81-120 Hours: $12,000 120+ Hours: $100/Hour nc des Propane EAST METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT- Page 10 /�onSun�[ID^+v��= `�cosl8 Fwes- Props, Tools @&Consunnables 2-hpurMinimum Fee Hand Tools Pertoo| Rescue Mannequin $40 Plywood urParticle Board (4'x8'sheet) Per Sheet - --'-- — Pallets Per Pallet Straw Per Bale Power Tools (indudes}ue cost) Per Toot Smoke Machine (includes consumoble5) $100 Forcible L _ e Entry Prop $ZOO Additional EK1TFSafety Office r/|nstrucdona|Assistance Per Hour EMTF Training Site Manager (Required*) $150 4d6/Nr $10 $20 $20/Persheet $6/PerPaUet 510/PcrBa|e $25 � $IS $100 558 $75 EASTW6TKQPUBLIC SAFETY TRADNDNGFACILITY JOINT P0WEKQAGREEMENT- Page \l EAST METRO PUBLIC SAFETY TRAINING FACILITY JOINT POWERS AGREEMENT- Page 12 City of Lake Elmo Washington County, Minnesota Resolution No, 2009-044 A RESOLUTION AUTHORIZING SUPPORT FOR STATE BONDING FUNDS FOR THE DESIGN AND CONSTRUCTION OF AN EAST METRO REGIONAL FIREFIGHTER TRAINING FACILITY WHEREAS, a coalition of fire departments from the East Metro Counties of Ramsey and Washington are planningro build a regional command and training center in the near future that will provide a state-of-the-art East Metro Regional Fire Training Facility for fire safety training/management and meet the needs of other public safety disciplines that will benefit all cities and other municipalities and, WHEREAS, the fire departments are seeking support and funding from the state and others to see this project come to full fruition. WHEREAS, the fire departments are seeking support from all communities in Ramsey and Washington counties due to the interest in state funding for the facility. NOW, BE IT TFIEREFORE RESOLVED, that the City Council of Lake Elmo does hereby support and recommend the concept of the East Metro Regional Fire Training Facility. That the City Council of Lake Elmo expects and anticipates that it will benefit generally and possibly directly with the addition of this facility to the East Metro for training and management purposes. That the City Council of Lake Elmo therefore supports the consideration and subsequent award of any grant by the state or their designee for the purposes of planning, building or mobilizing such a facility. Passed by the City Council of Lake Elmo. Dated: November I 7, 2009 Dean Johnston Mayor of Lake Elmo City Clerk Stamp: DATE: Dec. 15, 2015 CONSENT ITEM #15 MOTION AGENDA ITEM: Single Fire Station Concept SUBMITTED BY: Greg Malmquist, Fire Chief THROUGH: Public Safety Committee REVIEWED BY: Interim Administrator SUGGESTED ORDER OF BUSINESS: - Introduction of Item ..... ..... ...... ............. .......... City Administrator - Report/Presentation.......... ..... ..... Fire Chief Questions from Council to Staff.... ........ ....... .......... Mayor Facilitates Call for Motion ..... Mayor & City Council Discussion ..... ..... ....... Mayor & City Council Action on Motion... ..... ..... ....... ........ ... ........ Mayor Facilitates POLICY RECCOMENDER: Fire Department/Public Safety Committee FISCAL IMPACT: The purchase of land for either one or two future fire station locations. SUMMARY AND ACTION REOUESTED: Review additional information requested at workshop to determine future staffing/fleet/facilities direction for the fire department, identify and secure land while available. LEGISLATIVE HISTORY: At the October 13, 2015 Council Workshop, a presentation on "Public Safety, Staffing and Facilities" was given. The inforination presented was the result of extensive research and discussion conducted by the Public Safety Committee and the officers of the fire department. The information focused on identifying future staffing, equipment and facility needs for the fire department, (see attachment). The Public Safety Committee was looking for direction from Council for future planning, with the question of following the current Paid on Call (POC), multiple stations model or moving toward a one station with 24/7 staffing needing additional clarification. pag City Council Meeting [Colisem Agenda Item #18) December 1, 2015 Information presented addressed the results of the 2004 and 2011 fire studies which were both based on POC staffing. Studies concluded current stations should be relocated and "Are not adaptable to future expansion". Analysis of various options and how other communities have addressed this issue. I would also like to highlight the recruitment efforts pursued over the years to deal with our inability to fully staff. The Public Safety Committee spent considerable time brainstorming and addressing this national/regional/local issue and came up with a pretty thorough list, (see attached). In addition to following up on these recommendations, FD staff went even further by attending training at regional and national levels and networking with local FD's, yet we continue to have a very low success rate. At the conclusion of the presentation, Council requested additional information/numbers related to the comparison of 1 vs 2 stations. Chief Malmquist conducted additional research, met with Eagan Fire Chief Mike Scott and had follow up conversation with Chief Officers of Maplewood FD regarding closing of fire stations and operating costs. See attached spreadsheet. Finance Director Cathy Bendel provided the operating cost information on the comparison spreadsheet. BACKGROUND INFORMATION (SWOT): Strengths Weaknesses Ensure adequate staffing, long range cost savings (potentially over S3mil.), meet future response needs of community. Increasing land costs. Initial investment in facility. Delaying decision until FD reaches critical staffing point and delivery of service is impacted. Opportunities Identify and secure site while still available. Learn from other communities. Possibly partner with Washington County Sheriff s Department and Lakeview EMS in combined Public Safety Facility. Threats Inability to staff by comrnitting o failing Paid on Call system. RECOMMENDATION: The Public Safety Committee and the Officers of the Lake Elmo Fire Department recommend moving to the one centralized fire station model, identify and secure an appropriate site for a future fire station/public safety facility. ATTACHMENTS: • Station Comparison spreadsheet • Council Workshop PowerPoint presentation • Recruitment highlight slides • CIP Fleet replacement comparison, 1 vs 2 stations -- page 2 -- BUILDING OPERATING COSTS EXISTING STATIONS UPGRADES and REPAIRS NEW CONSTRUCTION E ectric/Gas Phone Water Sewer Insurance Garbage Bldg Maintenance Station #1 n 2 SUB -TOTAL SUB -TOTAL Land -Sub Station, (2.5 acres) Land -Main Station, (5 acres) Sub Station, (10,000 sq. ft.) Main Station, (20,000 sq. ft.) Wages Social Security PERSONNEL Medicare Work Comp ER Pera FLEET STATION COMPARISION 2 STATION MODEL (Volunteer/Paid on Call) COSTS $12,600.00 $3,700,00 N/A N/A $7,000,00 $2,900.00 $6,200.00 $32,400.00 $98,000.00 $110,000.00 $208,000,00 1 STATION NOTES COSTS Annual Costs Stat 1-$5,000, Stat 2-$7,600 Annual Costs Stat 1-$1,400, Stet 2-$2,300 Annual Costs Stet 1-$2,400, Stat 2-$500 ODEL (PT Shift Staffing) NOTES Chief Malmquist has reached out to both Maplewood FD and Eagan FD for information regarding cost savings of old stations vs new energy efficient buidings, Both depts. Have or will close old stations and construct new centralized facilities. Information has not been recieved as of this time. Both Chiefs verbalized that significant savings were experienced. Replace Roof, ADA Compliance, New Electrical Service, Back up Generator, Kitchen Updates, Fire Sprinkler System. These are basic items identified in the 2011 Fire Study. Building will not allow for most improvements. Based an 2011 Shared Services Study. Would still need to build new station to meet long term needs. Replace Roof, ADA Compliance, Back up Generator, Fire Sprinkler System, Parking Lot. These are basic items identified in the 2011 Fire Study. Building will not allow for most improvements. Based on 2011 Shared Services Study. Would still need to build new station to meet long term needs. $62,500.00 25,000.00/acre. Average tax assessed value $125,000.00 ,000,00/acre. Average tax assessed value $2,350,000,00 $235/sq. ft. based on average of Stw. And Bayport $4,700,000,00 $235/sq. ft. based on average of Stw. And Bayport SUB -TOTAL $7,237,500.00 $112,752.20 $6,990 62 $1,634,91 S14,000,00 N/A SUB -TOTAL $135,377.73 Replacement I $3,115,000.00 Maintenance, (Annual) $19,085.00 Fuel, (Annual) $14,309.53 Insurance Based on 5 yr. average, and approx. 22 FF's 6.27% 1.45% Based on current CIP, see attached Based on 5 yr, average Based on 5 yr. average $9,440.56 Based on 5 yr. average "'SUB -TOTAL $3157,335.09 TOTAL $10,771,112.82 N/A 5125,000.00 $25,000.00/acre. Average tax assessed value N/A $4,700,000.00 $4,700,000.00 $307,673.60 $19,075.76 $4,460.27 $2,246.09 $49,843,12 $383,298.84 $2,105,000.00 $14,285.14 $10,016,67 $6,608.39 $235/sq. ft, based on average of Stw. And Bayport Based on projections, see attached Based on projections, see attached Based on projections, see attached Based on projections, see attached Based on projections, see attached Based on current CIP, see attached Based on 5 yr. average and assumption of eliminating Engine, Utility and Tender. Based on 5 yr, average and assumption of eliminating Engine, Utility and Tender. Based on 5 yr. average and assumption of eliminating Engine, Utility and Tender. $2,135,910.20 $7,219,209,04 VEHICLE YEAR PRCHSD L1 LADDER/ 2015 ENGINE E2 ENGINE 1990 T1 TENDER 1987 El ENGINE 1997 T2 TENDER/ 2007 ENGINE U2 B1 B2 CV1 CV2 1994 2001 2004 2015 2006 (purch., used in 2010) Boat 2007 Ranger 2009 100' PQatform/ Ladder FL T RECOMMENDED REPLACEMENT 2035 2016 2018 2021 2027 2019+ 2021+ 2024 2020 2017 C REPLACE WITH T LA 2 STATIO EL ESTIMATED REPLACEMENT COST ENGINE W/78'LADDER $800,000 Rescue/Engine, multi- purpose vehicle Single axle Tender Engine Current similar Utility Truck Pick up Pick up w/skid unit Tahoe Tahoe Current similar Current similar RECOMMENDED REPLACEMENT STATION CYCLE 20 yrs South $550,000 20 yrs South $450,000 20 yrs South $500,000 20 yrs North $550,000 20 yrs North $60,000 10 yrs North $40,000 10 yrs South $75,000 10 yrs North $45,000 5 yrs N/A $45,000 5 yrs N/A As needed North As needed South $1 million + South TOTAL $3,115,000 NOTES Moved to "Reserve" role in 2014 to prolong life. Water tank was redone in 2004 to extend life. Refurbished/repainted in 2007. Sept. 2011, all lighting converted to LED to correct electrical issues and extend life. Pump rebuilt in 2013. As needed 5 YEAR REPLACEMENT 5 YEAR REPLACEMENT As needed As needed The purchase/need of this truck will be driven by future development. VEHICLE FL T YEAR RECOMMENDED PRCHSD REPLACEMENT Ll LADDER/ ENGINE 2015 E2 ENGINE 1990 El ENGINE 1997 1987 2007 U2 1994 2001 B1 B2 CV1 CV2 Boat Ranger 100' Ptafform/ Ladder Revised 10/19/2015 2004 2015 2006 (purch., used in 20101 2007 2009 TL 1TTI REPLACE WITH 2035 ENGINE W/78'LADDER 2016 Rescue/Engine, multi- purpose vehicle 2021 Engine 2018 Single axle Tender 2027 Current similar 2019+ Utility Truck 2021+ 2024 2020 2017 Pick up Pick up w/skid unit Tahoe Tahoe Current similar Current similar ESTIMATED RECOMMENDED REPLACEMENT REPLACEMENT COST CYCLE $800,000 $550,000 $550,000 $40,000 $75,000 $45,000 $45,000 lion + TOTAL, (LESS T1 & U2) $2.105,000 20 yrs 20 yrs 20 yrs 20 yrs 20 yrs 10 yrs 10 yrs 10 yrs 5 yrs 5 yrs As needed As needed NOTES Would be eliminated in 1 station model Possibly combined with Rescue/Engine and eliminated. Won't he able to determine until specs are developed. 5 YEAR REPLACEMENT 5 YEAR REPLACEMENT The purchase/need for this truck will be driven by future development. HI TI'YTI ELI E Public Safety Committee 11/13/13 — First meeting of the Public Safety Committee. Began discussion on recruitment/staffing. Many ideas proposed and pursued during this and future meetings. Newsletter Cable Channel Explorer Program Demographics HOA's Retention Rotary Meeting Solicit Businesses Increase Response Times Public Works Staff Responding to Scenes Promo Video Turnover Community Meetings -Surveys Mailings Reduce Requirements Ads w/LMC Open Houses Incentives Morale I T YTI ADDITIONAL RESOURCES "Emergency Management Magazine: Volunteer Fire Departments Face Recruitment, Retention Challenges Minnesota's recruitment and retention efforts have been falling sin he 1980s." 'Fire departments face funding, recruitment challenges" FEMA: Retention and Recruitment in the Volunteer Fire Service: Problems and Solutions (LEFD has applied all feasible solutions presented here) r - 261 Page Report COUNCIL WORKSHOP October 13 2015 PUBLIC SAFETY STAFFING and FACILITIES ISSUES • STAFFING • FACILITIES • EQUIPMENT HISTORY TIMELINE Pu417. Safety Cairrtttttett. t- ,Ytt troyty ttYytY....: 3Y, ,yttYYtYtYct... yy ytty"ytt 'y • HISTORY TIMELINE HISTORY TIMELINE SyCmmUee i:C S .f ,a0 ,4 A HISTORY TIMELINE YttytyltVttttytt HISTORY TIMELINE 4 Preilminwv Staffrg fo,9r Pr srm, 41" 2 , I 5,55P,5^5555,, cloce Epno, 5510515,5551,555i, 5.55^-1,5,555,)A7 ,:ey,stySty FA:.yty rcr Snglryqj ^itl..5 y 2011 5.5p,^5 Cast f Pr,,te.tt. 54^5 11. STILLVVATER FD BAYPORT FD OAKDALE FD .0,m.. • tt.,14 4 Fire station Evaluation Assumptions a! We 090 009414 44941 t4 0044. 1114010 4409190 40499 4)4,I,444"4414e444444 b; 44.4414444,i .VW 4119444.44 to 00 04949104401.1909 ,9001944049149101 40400 4,44 op44,44". tar foe argiir C044 09 rand sis 40E0 11194 40 41444 94,9099 444,44. 41 9401909409 09141a,tage 03 ROci Sr/eighties 414449 409194,0 40 99400 9494994009094 wdt 3444,44444,40 to cost $64(.10 04400 91 0404110 9490491 100 3149 33444443.4 e4044444434444 313144 331 94494 00994194409 30 0000 4440909 4.4411140194.409049 01.1 400.90 414 4,,,,,[4.4 41 43914444,9409 909,49049440 ,4V.h 43401.00 010 900901291499110910 4419091400 09 9444994401400 0 107490 40 .444,44444,1444, 4090 404004 W9404 044,90499 SO 00 4i9.9490 99189034914 09 940 404 43,44.1114, )4' 0444,33,033IN+ R4A44,b4,,4, Of 4444, 409400 10 09400 rsi anuit4444.44 'Or 1990 0414 414499 for garissiSlifirS tNat 4414 4,4% 09 409100 99919 CIty 4' ke04444.4 ige cost Of Vie LEF flcol. 5170 44414.1 ,14314114444144, 44 440,100r SO .”etH issigs trig Cilv Evaluation Criteria Definitions R00444114344 rink: 1000 "44,4,44 44, ,4433 r Staffing Ft44l443p 413134 branifty COS4 rirriss sr," 434,4 Pelitsttian Safety 4s< '4.144 4,4 4'44' 4414444454 44a r Railroad 4, r 4444 4',4y4 '444 4444 44444"1*444 ,434424,4 4, 444 434, 9^4444- '44444, 44 4444,, .,,4444,. .444 4.4 ,44,14-444'4.1 4-4444 44„4c 444 44,14-4,-44"444'444440*44:444444444.44, r Cost to airtitit ,s "isi rrins .scnr ir - ,s r Figure City " nrri issirssri (sr rir rnsiss 'Ts rig Safely s r :is s:",, Options Evaluated One L. Ann. 3)0n0440ni Or o;;;;' ;' ;;Or 4013) reiaapep to noose "iievnein me needs UPonamii .tioinin Two nocompses improve, p..osnog foeiiiewippe es...en OSHA warliiiireinerts ano 0*000te 2 One Fire" ...A., .;,;.,0 Fire atatipn 0 e.i.041.4474 44, ",44 54.444 r4„ 4 int:: the P-Fiwniipi immediatep maim n Feitn. 4 One Fieeholise soe ao,e1-Pon 0<3isPerino tHat ipo,,,,ani allow fo" n Sim:Ma...se Dismin Sinowntowo 22-5 amoiam. one :Hato', pitman. is- -mann nese enneneive iiivon ipviie." nano aiee How to Read Assessment of Options Assessment of Options Evai,,:atm of Lai," 144 44 44444 sponii+ Optioop • 4 0 44 .4 a a 0 0 94 m 444 444 5,4 4 "I r 33 4,4 444 4 444 , INHERE ARE WE NOW? QUESTIONS? 5 THE CITY OF LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR COU CIL CO DATE: REGULAR ITEM UNICATIO December 15, 2015 #16 Financial Planning Services Agreement -Northland Services Clark Schroeder, Interim City Administrator Clark Schroeder, Interim City Administrator Finance Director Bendel, Finance Committee, Northland Securities SU(;GES'I'El) ORDER OF B1JSINESS:_ - Introduction of Item City Administrator - ..... ............................City Administrator - Questions from Council to Mayor Facilitates - (11'1111 for Motion ....... Mayor & City Council ...... Mayor & CoLmcil - Action on Mayor Facilitates POLICY RECOMMENDER: Interim City Administrator IMPACT: Not to exceed $3,000 for base model and $160/hr for quarter (estimated at less than 4 hours per quarter) - unbudgeted expense SUMMARY AND ACTION REQUESTED: It is recommended that Northland Services he hired to take over the pro forma projection model as they have done similar work like this for the City in the past. BACKGROUND INFORMATION (SWOT): In 2012, the City of Lake Elmo entered into a contract with Northland Securities to provide Financial Planning Services/Analysis, specific to the Enterprise Funds. A detailed report was prepared and presented to the Lake Elmo City Council on February 28, 2013. Since that time, a new model has been developed that has become unmanageable and cumbersome. Hiring Northland will allow the City to return to a more simplified approach for analyzing Enterprise Funds. Northland will develop and present a report to the Finance Committee a City Council and provide subsequent quarterly updates. -- page 1 -- City Council Meeting December 15, 2015 [Regular Agenda Item 16] Strengths An independent analysis will provide the Council with a clear picture of the impact to the funds and free up staff time. It will remove the distraction and burden that his has put on staff. Weaknesses updates. The City will have less detailed info and lose flexibility for interim Opportunities Northland is very familiar with Lake Elmo and the planned growth to date and envisioned for the future, thereby being best situated to provide advice to the Finance Committee and City Council. Threats None identified. RECOMMENDATION: Staff is recommending that the City Council approve entering into a Financial Planning Agreement between the City of Lake Elmo and Northland Securities for an amount not to exceed $3,000 for generating a pro -forma model for the Enterprise Funds and $160 per hour for subsequent quarterly updates. "Move to approve hiring Northland Securities Inc. to provide Financial Analysis Services to the City of Lake Elmo for an amount not to exceed $3,000.00 for generating a pro -forma model for the Enterprise Funds and $160.00 per hour or subsequent quarterly updates". ATTACHMENT: None -- page 2 -- TI Ili (:IT1' OF LAKE FLMO AYOR & COUNCIL CO UNICATION DATE: December 15, 2015 REGULAR ITEM #17 AGENDA ITEM: Cost of Service Study for Water and Sanitary Sewer Utilities — Approve Authorization for TKDA. SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Cathy Bendel, Finance Director Mike Bouthilet, Public Works SUC;GESTIA) ()IRMA? OF BUSINESS: Introduction of Item City Staff Report/Presentation , City Staff Questions from Council to Staff Mayor Facilitates Public Input, i Appropriate.. ...... Facilitates fin- Motion ..... ........ ......„........... ...... ..... & City Council ...... ......... ....... Mayor & City Council Action on Motion ........ ...... ....................,........ ........... ....... Mayor Facilitates POLICY RECOMMENDER: Administration/Finance/Engineering. FISCAL IMPACT: $13,900 to be funded 50% through the Water Enterprise Fund and 50% through the Sanitary Sewer Enterprise Fund. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to approve the Cost of Service Study for the Water and Sanitary Sewer Utilities Task Order with TDKA. The recommended motion for the action is as follows: "Move to approve the Cost of Service Study for the Water and Sanitary Sewer Utilities Task Order with TDKA in an amount not to exceed $13,900." LEGISLATIVE HISTORY/BACKGROUND INFORMATION: City staff has contacted and met with Bernie Bullert from TKDA, an experienced utility manager, to prepare a Cost of Service Study for the water and sanitary sewer utilities. In particular, the goal of the -- page City Council Meeting [Regular Agenda [rein 17) December 15, 2015 study will be to better understand the cost of service for each utility so that a system of rates and charges can be confidently reviewed and developed to best meet the Utility's funding requirements, addressing conservation, and that are fair and equitable. The work includes a review of the City's water and sanitary sewer operational costs based on best practices, capital costs, and depreciation costs projected for 2016- 2025. The report findings may then be used by the City Finance Department for the purpose of projecting cash flows, bonding needs and evaluating user rates and charges. RECOMMENDATION: Staff is recommending that the City Council approve the Cost of Service Study for the Water and Sanitary Sewer Utilities Task Order with TDKA. The recommended motion for the action is as follows: "Move to approve the Cost of Service Study for the Water and Sanitary Sewer Utilities Task Order with TOK4 in an amount not to exceed $13,900." ATTACHMENT(S): I. None. -- page 2 -- CITY ()F FLMO AGENDA ITEM: SUBMITTED BY: THROUGH: AYOR & COUNCIL CO U CATION DATE: CONSENT ITEM MOTION Proposal to Reduce Water Rates effective 1/1/2016 Cathy Bendel, Finance Director Cathy Bendel, Finance Director REVIEWED BY: Finance Committee December 15, 2015 #18 SIJ(;G ESTI:I) ORDE R OF BUSINESS: Introduction of Item ..... City Administrator ...... Administrator Questions from Council to Staff.... .......... .......... ..... ................ Mayor Facilitates Call for Motion ..... ................................ ..... Mayor & City Council ..... ..... Mayor & City Council Action on Motion.... ..... ........ ..... Mayor Facilitates POLICY RECOMMENDER: Finance Cominittee, Interim City Administrator and Finance Director FISCAL IMPACT: Estimated impact to the Water fund of $90,000 - $100,000 SUMMARY AND ACTION REOUESTED: A recommendation is being brought forward to reduce the residential water rates effective 1/1/2016. The commercial water rates will be reviewed at the Finance Committee meeting in January and any proposed changes will be made effective 1/1/2016. BACKGROUND INFORMATION: At the October 20, 2015 City Council meeting, direction was given that the Finance Committee was to review the existing water rates for potential modifications and make a recommendation for the timing of implementation for the proposed changes. -- page 1 -- City Council Meeting [Consent Agenda Item #18J December 15, 2015 STAFF REPORT: After review of the current position of the existing operational water fund balance, and future funding requirements of the fund, the Finance Committee recon-unends a reduction in the residential water rates effective 1/1/16. The specific modifications to the tiered rates being recommended. for the residential water rates are listed below. The Finance Committee is recommending the following changes for residential water rates effective 1/1/2016: Base fee 0 — 15,000 gallons 15,001-30,000 gallons 30,001-50,000 gallons 50,001-80,000 gallons 80,001 + Current Proposed $25.00 $20.00 $2.14 per 1,000 $2.00 per 1,000 $2.86 per 1,000 $2.60 per 1,000 $3.77 per 1,000 $3,38 per 1,000 $5.00 per 1,000 $4.39 per 1,000 $6.63 per 1,000 $5.71 per 1,000 The Finance Committee plans to bring a recommendation related to the Commercial water rates in January after review by the Finance Committee at the next meeting in January. Those recommendations will then be brought to Council to be effective 1/1/16 on the first quarter 2016 water bills. RECOMMENDATION: Based on the aforementioned, the Finance Committee and staff recommend the City Council approve the tier modifications presented above related to the residential water rates for adoption with the 2016 fee sheet. ATTACHMENT: None -- page 2 -- AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: 4 A DATE: December 15, 2015 REGULAR ITEM #20 Adoption of Amended 2016 Fee Schedule Julie Johnson, City Clerk Clark Schroeder, City Administrator Cathy Bendel, Finance Director: Stephen Wensman, City Planner: Joan Ziertman, Planning Assistant SUGGESTED ORDER OF BUSINESS (Afremoved from the consent atxtula): - Introduction of Item ..... ...... City Administrator - Report/Presentation_ ..............City Administrator - Questions from Council to Staff ............................... ..... ...... Mayor Facilitates Call for Motion ..... ....... ...... ......... ....... ........................ Mayor & City Council Discussion....... .......... ........ ..... . ......... ..... Mayor & City Council Action on Motion....... ..... ............ ..... .......... ......... ..... ........... Mayor Facilitates POLICY RECOMMENDER: Staff FISCAL IMPACT: Specific annual dollar amount impact is not available at this time. Several fees are being increased to more accurately account for the time spent to provide services and costs to city. This therefore should provide an increase in revenue if the volume of service provided is the same, SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to adopt Ordinance 0S-115, An Ordnance Amending the Lake Elmo Fee Schedule. The suggested motion is as follows: "Move to approve Ordinance 08-115, An Ordinance AmendingAi,icndiny tlze Lake Elmo Fee Schedule." LEGISLATIVE HISTORY: It is incumbent upon the City to continually and regularly review the Municipal Fee Schedule to ensure that it is in compliance with state and local law as well as continually able to be justified. Changes and modifications are highlighted in yellow on the attached proposed fee schedule. -- page 1 -- City Council Meeting Agenda Item 20 December 15, 2015 RECOMMENDATION: The City Council is respectfully requested to adopt Ordinance 08-115, An Ordnance Amending the Lake Elmo Fee Schedule. As part of its consent agenda, 110 formal motion is required. If Council would like to remove this item from the Consent Agenda, the suggested motion is as follows: "Move to approve Ordinance 08-115, An Ordinance Amending the Lake Elmo Fee Schedule." ATTACHMENTS: 1. Ordinance 08-115 2. 2016 City of Lake Elmo Fee Schedule -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA ORDINANCE NO. 08-127 AN ORDINANCE SETTING MUNICIPAL FEES FOR CALENDAR YEAR 2016 The Lake Elmo City Council hereby adopts the .following fee schedule for calendar year 2016 and directs that it be added to the Lake Elmo Municipal Code as Appendix A. Appendix A — 2016 Fee Schedule ADOPTION DATE: Passed by the Lake Elmo City Council on the 15th day of December, 2015. CITY OF LAKE ELMO By: ATTEST: Julie Johnson City Clerk Mike Pearson Mayor EFFECTIVE DATE: This ordinance shall become effective on January 1, 2016 following adoption and publication. PUBLICATION DATE: Published on the day of 2013. ORDINANCE 08-097 (``tw of Lake Elmo /-ee Schedule 2016 APPLICATION/FEE/PERMIT TYPE | 2016F[E Accessory Bldg forward cfPrimary Structure (§154.092) $200.00 Administrative Citations - - General Code Violations: 15to#ense $100.00per violation Zndoffense within one year from the first citation |$2Oo.00per violation 3moffense within one year from the first citation |$5OO.00per violation 4thoffense o,subsequent offenses may hesubject to criminal prosecution or any other legal remedy available tothe City. An administrative citation may also be issued independently nrconcurrent toany other legal action taken bythe City. Building and Safety Code Violations: ' I" offense 2 ndoffense within one year from the first citation 3 rd offense within one year from the first citation / $lO0O0per violation - $500,00 per violation $1000,00 per violation 4*offensenrsvhscquentnffenscsmaybemh]attoxrimina|pnosecutionnranyothcr legal remedy available tothe City. Anadministrative citation may also heissued independently orconcurrent to any other legal action taken by the [ity� Amateur Radio Antenna Appeal (to Board mfAdjustment and Appeals) ' Bee Keeping Permit ' Building Demolition Residential Commercial Burning Permit ' Residential ' Commercial U|e0a| Burn Chicken Keeping Permit Comprehensive Plan Amendment Conditional Use Permit (CUP) New | Amended |Cvntmctn,License Fees $45= see notes -> $25.00 $1,V5000 $500.00 ESCROW VRADDITIONAL CHARGE Valid for 2 years from issuance Plus $5.00 Surcharge (State Mandated) Additional fees may beincurred based unWash, Oy.Ch|cpsfee schedule and #of,espondinRunits Initial permit expires onl2/3lofZndyear, Wireless Communication Facilities Fee Escrow $6,00000.F|ood Plain Ordinance Fee Escrow $5UO3O. | NT DEPART�� Planning Administration Administration Administration ' Administration Administration Administration Building Building |BuUdinC Building Building Planning Administration Administration Administration Building Building ' Fire Fire Fire Fire Administration Planning Planning Planning Planning |Licensing | / / / .m',`'^. APPLICATION/FEE/PERMIT TYPE Demolition Driveway Excavator HVAC Irrigation SpweVVVaterUne Installer Sign Installer Solid Waste Hauler Copy Services (Paper/Electronic) [opies(B&VV) Copies (Color) Copies (8&VV) 11x17 Copies (Co|or)lIxl7 Data DVDFee G{S Scaled Aerial Existing Maps Custom (Per Hour Rate) Plan Size Maps (Larger than 1IxI7> Development Standards Specs/Details Video reproduction Culverts i"Developments with Rural Section Daycare Inspection Fee Dog License altered Dog License- unaltered Dog License- late fee Service Dog License Duplicate License orTag First Impound- Unlicensed Dog First Impound- Licensed Dog First Impound- Cat Subsequent dog/ cat impound Driveway Residential City of �|��[) �� C��U|� �O1� ~^r ' Lake ^' ' Schedule ~^ ' ^-~~'^~ $0.25per page $0.50per page $1.VOper page $Z.oOper page $15.00 $25,00 $5.00 $70,00 $15.O0 $55.00 $lO�00 $160.00 $6O�0O $lO�DO $25.00 $I.5Oper month No Charge $1,00 $6O�VO $42.00 $42�OO $85.00 ESCROW nRADDITIONAL CHARGE i / IO0pages ormore are charged atactual cost ofproduction 1OUpages vrmore are charged mactual cost nfproduction — l0Upages ormore are charged auactual cost ofproduction 100 pages or more are charged at actual cost of production Plus $5.00 Surcharge (State Mandated) Plus 1% of Value. ininnum$lnO00 Maximum$l0 All Impound Fees plus $2O/dayBoarding Fee DEPARTMENT Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Fire Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Planning Planning City of Lake Elmo ree Schedule 2016 APPLICATION/FEE/PERMIT TvP[ ' Commercial Easement Encroachment .Electronic Fund xVbhd,awVBiUPayment Environmental Review Village Area AUAR Fee Erosion Control Re -inspection Fee (portal toportal from City Hall: lHr. min) /Excavating& Grading e5Ocubic yards, uptn4OOcubic yd, - Excavating QGrading e4OVcubic yards False Alarms (13Month Period)*(~]`3nncharge) Residential 4-§False Alarms In Excess of False Alarms ' Commercial 4-6False Alarms In Excess ofhFalse Alarms Fire Alarm Systems (new u,rework including low voltage systems) Flood Plain District Delineation |Fuel Tank Removal (VnderQ,nwnd) JFueI Tank Install HVAC 2016FEE $l6O�0O $150.00 Fee + Trans. Charge $Z]0�0U $5O.ODper hour $l25/0 $315,00 $520.00 | / | 1 ESCROW oRADDITIONAL CHARGE Staff & Recording Fee DEPARTMENT Planning Planning Administration Per RE[Unit. Tohecharged *zdevelopment applications that increase the number ofRE[units above existing conditions within the Village AUARArea. The fee will bebased onthe difference between the proposed and existing RECunits. Fee to bepaid aspart ofadeveloper's agreement for larger projects or atthe time abuilding permit isissued for smaller projects. Once paid, the same land will not becharged again. Planning Building $5,000.005ecurity Building Securhy$S0OI0 Building $SOO.O0fee escrow plus secu,hy$I'50O.00 per acre with $1'500 minimum. Engineering Fine Fire _ Fire Fire Fire Fire Fire l.2%vfvalue plus $5lNsurcharge; Minimum $1OO $500m $25O]JO 2%ofvalue ofwork Plus $5.O0Surcharge (State Mandated) Minimum $100.00 Building Planning — Administration Administration - - Building Residential $60.00/unh �� Upto3unmax fee $l8U%0plus $5.0USurcharge (State �Mandated) Building UptoJvnhso/1%nftot|va|ushonwh�h�vprb�nca��rPlus Commercial �6O.00/unit ~ ' ' Surcharge (State Mandated) Building Interim Use Permit (|UP) Manning APPLICATION/FEE/PERMIT TvP[ --' Renewal ' 11and Use Escrow Liquor License � Club On -Sale Intoxicating | on'sa|e|ntoxicating Off -Sale Intoxicating Off -Sale Non -intoxicating On -Sale Intoxicating- 7ndBuilding DnSa|eNnn|n,nxicadng Investigation On -Sale Sunday Intoxicating Temporary Intoxicating Wine Lot Line Adjustment Manufactured Home Parks Fee New Move home out ofthe city Move home into the city Massage Therapy Premises License | Application Fee Investigation Fee Massage Therapy Practitioner License Application Fee Investigation Fee Massage Therapy Premises License Renewal Massage Therapy Practitioner License Renewal xxasaageTherapy License Amendment IMinor Subdivision Moving House or Primary Structure into City Moving Accessory Structure into City City OfLake Elmo Fee Schedule 2016 2Ol6;EE $30010 $100,00 $l'5nn.V0 $200.00 $150,00 $750,00 $100.00 $350�D0 $2V0�0O $25.00 $300.00 $325.00 Other Inspections and Fees inspection outside ofbusiness hours $100.00(2Hr.K4inj ESCROW ORADDITIONAL CHARGE lEscrow Agreement | / Plus $Z'50000Fee Escrow Plus $5.005u,charge (State Mandated) 'Plus $IO0Surcharge (State Mandated) Fee includes one Therapist Fee includes one Therapist Plus security w/omovmtvbedetermined bythe City wYreoonnmpnclationhnm bui|d|nwofficia| Plus security tobedetermined bythe City w/mcommendation from buildinR official DEPARTMENT - Planning Planning Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Planning Planning |Planning Planning Building Building Licensing - Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Planning Administration Administration Building Building APPUCATION/FEE/PERMITTYPE Re -inspection Fees Assessed Inspections with nofee assigned Construction Escrow Cancelled orRefunded Permhs Work without Permit Duplicate Inspection Card Park Dedication �� Residential 'Uptnthree lots Commercial - Parking Lots New Commercial | Existing Commercial Platting Sketch Plan Review (Subdkision) Preliminary Plat (Subdivision) Final Plat (5ubdivision) Concept Plan (OP Development) Preliminary Plat Review (OP Development) Final Plat (OP Development) Planned Unit Development General Concept Plan Development Stage Plan Final Plan Plumbing --'' Residential Commercial Private Roads (Permitted only in AG zone) ��'t f Lake �| Schedule ,� | 2016 ~.|^VO/ ��m��/��C]r��C//��U/�� 2O16FEE $SO.D0per hour $5V.0Oper hour $5'0OO,O0 $25.00 see notes $25.00 $3,60010per lot $4'500.00 per acre ESCROW ORADDITIONAL CHARGE Ordetermined byBuilding Official Investigative fee tuequal permit fee Four nrmore lots per gIB.14 $175.00 $500 Fee Escrow, Security $1,500.00 per acre with $1,500.00 $500.00 $l'85OJ)O $1'Z5O.00 $l'25O.00 $1,250.00 $GO.00/unit $150,00 minimum. $3,500l0Fee Escrow $I0'VOO.00Fee Escrow $8,0OO.00Fee Escrow $5,0VO.00(<10Qunits) Fee Escrow $7'5VO.00(^1nVunits) Fee Escrow $5'DO0�OO(^1O0units) Fee Escrow $7^50U.OV(>l00units) Fee Escrow $5'O00.00(^l00units) Fee Escrow $7'5O0.00(>100units) Fee Escrow (City will retain escrows to reimburse review costs for each stage nfdevelopment review) $7,SO000Fee Escrow $7.5OO.00Fee Escrow $7.5OO.VOFee Escrow (City will retain escrows toreimburse review costs for each stage ofdevelopment review) Upto3units, max fee $l8O.0Oplus $5.00 Surcharge (State Mandated) UptoJunits or1%of total valuation, whichever isgreater. Plus Surcharge (State Mandated) DEPARTMENT Building Building Building Building Building Building Planning Planning Planning Planning Planning Planning Planning Planning Planning Planning Planning Planning Planning Planning Planning Planning Planning Planning Administration Building Building Planning 5 �[iq.xk> '' APPLICATION/FEE/PERMIT TYPE Restrictive Soils and Wetland Restoration Protection and Preservation permit Retaining Walls over 4' Returned Check (NSF) Right -of -Way Permit Annual Registration Excavation Permit Joint Trench permit (per |cv per utility) ' Obstruction Permit Permit Extension Delay Penalty (per calendar day) Roofing Residential Commercial /~'tV of Lake Elmo Fee Schedule 2016 2016FEE ESCROW ORADDITIONAL CHARGE DEPARTMENT $800.00 $15mI0OFe��m� ' Planning $150.00 Plus $5/0State Surcharge Building $25.00 Administration Engineering — | $200.00 $5,000005ccuhty /Engineering $I7S00+$.60/fomt Engineering $275.00+ $.60/foot | Engineering $275.00 | Engineering S100.00 Engineering $25�00 Engineering Building $15I00 Plus $5I0State Surcharge Building see notes Based onvaluation Building v",nrr�/"+,"x°,x~a,^,/""~,�"/=,for "°°/,�",a~*m~"+ SAC cha�e(��)pewerAvai�hi|hyCha�n> $�VmlOU '—'—~`---------``---''—'--''—'----- connection for exigjnp. Engineering SAC Charge (Met Council) (Sewer Availability Charge) $2'485.00 Per RE[Unit: $2'485.0VzoMet Council attime ofconnection, Engineering Sewer Connection Charge $1'00000 Per RE[Unit Engineering Per RECUn�connecting tnaTmnkSewer [�ainand that has �om/erLatem|8enefb�har�e g�'8O0�00 never Engineering-- | Sewer Rate $4,50/1,000 Gal Administration $15.00/Srauh assessment or utility search Administration Building $15000 I Plus $5,00 State Surcharge Building Commercial see notes |8asoJnnvaluation Building Signs 'Permanent $180,00 Planning Signsmm -Tempo$751|0 /P|anning Temporary Renewal $25�00 Planning Re'inspectionFee $2E00 Planning Special Event Permit 575�00 City must helisted asadditional insured Planning Sprinkler (Inspection Fee) l2%ofvalue plus $50Osurcharge; Minimum $1V0 Building Sprinkler System (Re'|nspe'tinnFee) $50.00 Building Surface Water Administration Residential $50,00 Administration 201 Off -Site Maintenance Fee Real Estate Segrrches Siding Residential / ) Plus Rate for 50,001-80,000 Gallons Plus Rate for 80,001 + Gallons Water Usage Commercial - Quarterly Rate Commercial - Plus Rate Per 1,000 Gallons Plus Rate for 0 - 15,000 Gallons Plus Rate for 15,001 - 30,000 Gallons Plus Rate for 30,001 - 50,000 Gallon Plus Rate for 50,001 - 80,000 Gallons Plus Rate for 80,001 + Gallons Water Usage Hotel / Motel - Quarterly Rate APPLICATION/FEE/PERMIT TYPE Non -Residential (Commercial etc.) Review Fee Vacations (Streets or Easements) Easements Streets Variance Shoreland Variance Water Availability Charge (WAC) Water Connection Charge Water Equipment/Set up Meter (3/4" or less) Driveway Curb Stop Lid Disconnect Service Reconnect Service Water Lateral Benefit Charge City of Lake Elmo ree Schedule 2016 2016 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT $50.00 Utility rate factor per code Administration $125.00 $75 Review/$50 Storm Water Fund Administration Planning $515.00 $500,00 Fee Escrow Planning $515.00 $500,00 Fee Escrow Planning $750,00 Planning $1,500.00 Planning $3,000.00 Per REC Unit; collected at time of plat for new lot or at time of connection for existing. Engineering $1,000.00 Per REC Unit Administration Administration $350.00 Administration $100.00 Administration Additional fees apply to larger sized meters $80.00 'Administration $80.00 Administration Per REC Unit connecting to a Trunk Water Main and that has $5,800.00 never been assessed Engineering Water Usage Administration Residential - Quarterly Rate $20.00 Base Administration Residential - Plus Rate per 1,000 Gallons Administration Plus Rate for 0-15,000 Gallons $2.00 Administration Pius Rate for 15,001-30,000 Gallons $2.60 Administration Plus Rate for 30,001-50,000 Gallons $3.38 Administration $4.39 'Administration $5.71 Administration Administration $25.00 Base Administration Administration $3.11 Administration $3.26 Administration $3.77 Administration $5.00 Administration $6,63 Administration For metered non -irrigation (domestic) consumption Administration $25.00 Base [ Administration 7 ^ City of ]�]�|.\k) ~~|~' / Lake u . Schedule `� / "~"'�^/ APPuCAT|oN/FEE/PERK8/TTYP[ Hotel /Motel Plus Rate Per I.00UGallons Plus Rate for 0'30,OVOGallons Plus Rate for J0,O01'50,VO0Gallons Plus Rate for 50,VO1+Gallons Water Usage Delinquent Accounts Regular Storm Water |eu|kVVate, Purchase Water from Hydrant Sod installation (New Construction) | Swimming Pool Fill wind Generator 1xWre)es,communication Permit Zoning Amendment (Text or Map) Zoning Certification Letter Zoning Permit 'Certificate of Zoning Compliance Accessory Stmurtues <200SF $75.00 Fence (less than 6') $75.00 Swimming Pool S75Im - ) Other $75I0 Definition of Terms ~Feecomwx City will maintain a fee escrow mcover all [�t'review costs. Application fees include all professional fees and expenses incurred bvthe City, ~~Security: City will retain a security escrov., to ensure completion of work as directed by the approved permitlapplicotion ond compliance w�h the State Building Code and the City ofLake Elmo Municipal Code, 201GFB 6% per quarter 10% per year ESCROW nRADDITIONAL CHARGE DEPARTMENT Administration Administration Administration Administration Administration Plus $Z5.0Oor8%'whichever bgreater, ifcertified toCounty for collection with taxes . _ Administration Plus $25.00 or 8%, whichever is greater, if certified to County for Administration Administration Plus $],26/add�tiuna|l.00Vgallons Administration Upto45days. Resident must contact city inadvance. lAdmin|st/ahon Plus $2Gper l'OO8gallons and $l5.00/hrlabor Administration $2,000.00 Fee Escrow Planning $6,000.00 Fee Escrow Planning collection with taxes Planning Planning Planning Planning Planning Planning T1 U. cm- or E ELIVIO AGENDA ITEM: AYOR & COUNCIL CO UNICATION DATE: December 15, 2015 REGULAR ITEM # 21 Development Agreement Security Reductions — Approve Policy Revisions. SUBMITTED BY: Jack Griffin, City Engineer THROUGH: REVIEWED BY: Stephen Wensman, City Planner Cathy Bendel, Finance Director Clark Schroeder, Interim City Administrator SUGGESTED ORDER OF BUSINESS: Introduction of Item City Staff Report/Presentation City Staff 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 POLICY RECOMMENDER: Administration/Finance/Engineering are presenting a policy revision for Council consideration. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving revisions to the "Summary of Security Requirements" and "Reduction of Security" provisions for the City's Master Development Agreement as presented or amended at the meeting. If revisions are approved, the City Council is respectfully requested to consider authorizing staff to apply the amended provisions to the active development projects in the City, thereby allowing for security reductions to be processed for council approval in advance of what is currently allowed in the respective signed development agreements. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: At the December 1, 2015 Council meeting, City staff was directed to review the Security Reduction process from the City's Master Development Agreement to determine if additional security reductions -- page 1 -- City Council Meeting [Regular Agenda Item X] December 15, 2015 could be accommodated as requested by several developers while maintaining the City's security interests and goals. The key issue with the current security reduction procedures, as explained by the developers, is that the City potentially inay retain 80% to 100% of the initial security until the improvements are roughly 75% to 85% complete. If the developer reaches this milestone during the construction season the timeframe for this discrepancy is relatively short if the development project is well managed. However, if this milestone is reached at the end of the construction season, due to weather conditions, the developer may end up with this discrepancy over the winter months without the opportunity to gain additional reductions for some time. The City's primary goal is to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. Additional City goals include: (1) the desire to retain sufficient security to provide the developer the incentive to complete all improvements on schedule, (2) to provide an incentive to maintain timely and responsive progress with the restoration, landscaping, con-ective actions and other minor impro-vement items that would otherwise become a nuisance to surrounding properties and the City, and (3) to keep the number of security reduction requests manageable for City staff. With these principals in mind, City staff has prepared revisions to the "Suminary of Security Requirements" and "Reduction of Security" provisions for the City's Master Development Agreement for council consideration. The revised provisions are attached for review. Staff will review these provisions in greater detail with Council as part of the staff report at the meeting. RECOMMENDATION: Staff is recommending that the City Council approve revisions to the "Summary of Security Requirements" and "Reduction of Security" provisions for the City's Master Development Agreement as presented or amended at the meeting. The recommended motion for the action is as follows: Wove to approve revisions to the "Summag of Security Requirements" and "Reduction of Security" provisions fOr the City's Master Development Agreement (as presented) or (as amended). If revisions are approved, staff is recommending that the City Council authorize staff to apply the amended provisions to the active development projects in the City, thereby allowing for security reductions to be processed for council approval in advance of what is currently allowed in the respective signed development agreements. The recommended motion for the action is as follows: "Move to authorize staff to apply the amended provisions to the active development projects in the City, thereby allowing for security reductions to be processed for council approval in advance of what is currently allowed in the respective signed development agreements." ATTACHMENT(S): 1. Proposed Revisions including Pages 18-21 of the Master Development Agreement. page 2 — from the date of final written acceptance, unless the wearing course is placed during the same construction season as the bituminous base course. In those instances, the Developer shall guarantee all work, including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a period of two (2) years from the date of final written City acceptance of the work. The required warranty period for sod, trees, and landscaping is two growing seasons following installation‘ 34. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of Credit ("security') for $ , The amount of the security was calculated as follows: CONSTRUCTION CATEGORY: 1. Grading 2. Sanitary Sewer 3, Watermain 4. Storm Sewer pc udes oond structures and outfall pipes) 4,1,iStreets (includes Sidewalks) Traits 7. Surface Water Facilities (pt-pe,peed-s,infiltration basins. 6—bio retention basins. rain gardens, etc.) Control 8, Street Lighting 9. Street Signs and Traffic Control Signs 9,10. Private Utilities (electricity, natural aas._ telephone. and cable) REV 1 0528.2.01 18 COST 1 25% Formatted: Indent Left 0.3, No bullets or numbering Formatted: Indent Left -0.01", Hanging: 0.31", Numbered + Level, 1 + Numbering Style: 1, 2, 3, • Start at 1 + Alignment: Left +, Aligned at: 0.25" + • Indent at: 0.5", Tab stops: Not at 0.92" • Formatted; Indent:Left: 0,3", No bullets or numbenng Formatted: Indent First line: 0", Tab stops: Not at1 0.92" Formatted: Indent:Left: -0.01", Hanging: 0.31", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25' + Indent at: 0.5" Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: Left. 0.3", No bullets or numbering 1. Landscaping 1-4,12, Tree Preservation and Restoration Wetland Mitigation and Buffers ir,-14. Monuments 15. Erosion and Sedimentation Control '!.15, Miscellaneous Facilities 15,—Developer's Record Drawings 17, CONSTRUCTION SUBTOTAL $ N/A TOTAL PROJECT SECURITIES (at 125% N/A $ Construction Costs) This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, without notice, for any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. 3-5,3$. REDUCTION OF SECURITY. Upon written request by the Developer to the City Engineer and upon receipt of proof satisfactory to the City Engineer that work has been completed in accordance with the approved plans and specifications, and terms of this Agreement. and that all financial obligations to the City have been satisfied, with -the City Engineer may approveal reductions in the security FPay-b-e-reduced as follows: A. Upon completion of grading operations, including temporary site restoration, Developer shall submit an as -built grading survey to the City that at a minimum establishes the as -built grades at all lot corners and downstream drainage conveyance systems and storm water oonds. Upon inspection of the site and approval of the as -built survey, 100%, or $ , of the REVI- g528,_1015 19 IFormatted: Indent. Left: 0.3°', No bullets or numbering Formatted: Indent: Left: -0,01, Hanging: 0 31", Numbered Level, 1 • Numbering Style: 1, 2, 3, Start at: 1 + Alignment: Left Aligned at: 025' Indent at; 0,5" grading security mayshalt be released. This security reduction does not include amounts related to erosion and sedimentation control. B. Up to 75% of the security provided in accordance with paragraph 34 may be released upon comoletion of the following key milestones of the oroiect as determined by the City, Engineerat the-foil-9441g stages-0 n and-prej C. Construction Categories 2 and 3: The amount of $ may be released when all sanitary sewer and watermain utilities have been installed, all testing and televising has been successfully completed, sanitary sewer as -built invertstrtiirly record drawings -have been verified, and the utilities are considered ready for use by the City Engineer, D. Construction Categories 4 and 5-6: The amount of $ -may be released when all streets, sidewalks, trails, and storm sewer. have been installed and tested, and have been found to be complete to the satisfaction of the City Engineer including all corrective work for any identified punch list items and including verification of storm sewer as -built inverts, but not including the final wear course. E. Construction Categories 67-185: The amount of $ may be released when all remaining Developer's obligations under this Agreement have been completed and -the vamaritt: have been-found-lo-be-c-am unsh list ittimsbut-nct-inc tion ncluding: (1) bituminous wear course. (2) street lighting and private utilities, (3) trails. (4) bio retention facilities, (5) iron monuments for lot comers have been installed. (3) all financial obligations to the City satisfied, (4) the reauired "record" plans in the form of the City standards have been received and approved by the City. and (5) the public improvements are accepted by the City Engineer and City Council, F. At no point may the Security be reduced below Tlwenty-five percent (25%) of the original security amounts4n para d as security until: (1) the warranty period has expiredall improvements have -been -completed, itti f-cot.4r-se, (2) all improvements have been fully completed and excepted by the City, including all corrective work and identified punch list iternsican-pnenumants-folot-eatner-s-hdve-ben installed, and (3) all financial obligations to the City have KOV 1 05.28'2015 21) Formatted: Indent: First line: 1", Numbered Level: 2 Numbering Style; A, B. C, Start at: 1 + Alignment: Left + Aligned t: + Indent at: 0" been satisfied,,(4)-tho required "re " apity G. In addition to the above oroiect milestone based security reductions. the Developer may submit written reauest to the City Enaineer and upon receiot of proof satisfactory to the City Engineer that work is progressing in accordance with the approved plans and specifications. and terms of this Aareenient, and that all financial obliaations to the City have been satisfied. the City Enaineer rnav approve a one -lime reduction in the security for Construction Categories 2-5 in an amount not to, exceed fifty percent (50%) of the initial security amounts. A-H. II is the intention of the Parties that the City at all times have available to it a Letter of Credit in an amount adequate to ensure completion of all elements of the Subdivision Improvements and other obligations of the Developer under this Aareement, including fees or costs due to the City by the Developer. To that end and notwithstanding anything herein to the contran.,, all reauests by the Developer for a reduction or release of the Letter of Credit shall be evaluated by the City in light of that principle., 36. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval: Sewer Availability Charge (SAC) Water Availability Charge (WAC) Erosion Control Park Dedication Street Light Operating Fee City Base Map Upgrading City Engineering Administration Escrow TOTAL CASH REQUIREMENTS 37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: . Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042. RLVI 21 TI CITY or KE ELM AYOR & COU CIL CO CATION DATE: December 15, 2015 REGULAR ITEM # 21.a AGENDA ITEM: Boulder Ponds — Approve Security Reduction #1. SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Stephen Wensman, City Planner Cathy Bendel, Finance Director SUGGESTED ()RDER OF BUSINESS: introduction of Item (:ity Staff ...... ...... Staff Questions from Council to Staff .......... .......... ..... ..... Mayor Facilitates Input, it Appropriate.........................................fvliyor Facilitates for Motion ...... ................. ....... ..... ........... Mayor Si. City Council 'Discussion__ ...... ........ ................ ......... Mayor & City Council Action on Motion.... ........ ..... . ..... ............ ................. ..... Mayor Facilitates POLICY RECOMMENDER: Administration/Finance/Planning/Engineering. FISCAL IMPACT: It is the City's goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. With this reduction the remaining security amount held by the City will be $1,565,229 which remains over and above the estimate to completion for the remaining subdivision improvements. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving a reduction in the security amount for the Boulder Ponds 1st Addition. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: -- page 1 -- City Council Meeting [Regular Agenda Item 21.q December 15, 2015 The Boulder Ponds lst Addition developer installed improvements have been substantially completed including the installation of sanitary sewer, watermain, storm sewer, residential streets, 5th Street, trails and sidewalks, and partial landscaping consisting of over $2.7 million in construction costs. In accordance with Section 36 of the Boulder Ponds Development Contract, the progress for the improvements have been satisfied for the sanitary sewer and watermain but have not reached the threshold necessary to be edible for a security reduction at this time for the remaining improvements. Due to the end of the construction season the developer will not have an opportunity to reach the necessary thresholds until next spring. RECOMMENDATION: If the City Council adopts a revised security reduction policy to be presented by staff at the December 15, 2015 council meeting, and further directs staff to apply the revised policy to all active developments in the City, then staff is recommending that the City Council approve a reduction in the security amount for the Boulder Ponds 1st Addition. The recommended motion for the action is as follows: "Move to approve a reduction of the Letter of Credit far the Boulder Ponds 1st Addition fro $3,610,726 down to $1,565,229." ATTACHMENT(S1) , Engineer's Letter Recommending Security Reduction #1 for the Boulder Ponds 1st Addition. -- page 2 -- 'U|F(ll'i 01' J A &^�� T ��«-� Uz��»^�^ ��^��1��v~� 11-11-r Ms. Deb Ridgeway The Excelsior Goup'LL[ 1660Highway 1O8South, Suite 40O St. Louis Park, MN5S4I6 Re: Boulder Ponds Security Reduction #1 Dear Ms. Ridgeway: We have reviewed your request for a reduction in the security for Boulder Ponds. In accordance with Section 36 of the Boulder Ponds Development Contract, the progress for the improvements have been satisfied for sanitary sewer and wate,main but have not reached the threshold necessary to be edible for asecurity reduction otthis time for the remaining improvement-s. However, should the City Council adopt a revised policy to be presented by staff atthe December 15' 3015 council meeting, and direct staff to apply the revised policy to all active developments in the City, then the security amount of$3,61O,726may bereduced tm$1'565,Z29� Should you have any questions or require additional information, please call me 651.300.4264. Sincerely, � �/ fbhn Uack)N/�Grifhn' P.E. City Engineer cc: Clark 5hroeder,Interim City Administrator Cathy Bendel, Finance Director Stephen VVensman,City Planner 3800 Lavcrne6venuc Nortli,lalc- Milo °Ntinneyota55042 T1 IF CITY OF KE ELMO AYOR & COUNCIL CO UNICATION DATE: December 15, 2015 REGULAR ITEM # 21.b. AGENDA ITEM: Hunters Crossing 1 st Addition — Approve Security Reduction #1. SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Stephen Wensinan, City Planner Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: Introduction olltein City Stan' R.eport/Presentation........ City Stall' ()uestions Ion Council to Staff................... ........ ........... Mayor l'acilitates Public Input, if Appropriate_ .... _ Mayor Foci' itates Call for Motion ...... ....... ......... ....Mayor City Council ...... Mayor lk City Council .Action on Motion ......................... ........... ..... Mayor l'acilitates POLICY 1-cOMMENDER: Administration/Finance/Planning/Engineering. FISCAL IMPACT: It is the City's goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. With this reduction the remaining security amount held by the City will be $894,649 which remains well over and above the estimate to completion for the remaining subdivision improvements. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving a reduction in the security amount for the Hunters Crossing I st Addition. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: -- page City Council Meeting [Regular Agenda Item A7 December 15, 2015 The Hunters Crossing 1st Addition developer installed improvements have been substantially completed including the installation of sanitary sewer, watermain, storm sewer, streets and sidewalks consisting of over $1.3 million in construction costs. However, in accordance with Section 37 of the Hunters Crossing 1st Addition Development Contract, the progress for the improvements have not reached the tlu•eshold necessary to be eligible for a security reduction at this time. Due to the end of the construction season the developer will not have an opportunity to reach the necessary thresholds until next spring. RECOMMENDATION: If the City Council adopts a revised security reduction policy to be presented by staff at the December 15, 2015 council meeting, and further directs staff to apply the revised policy to all active developments in the City, then staff is recommending that the City Council approve a reduction in the security amount for the Hunters Crossing 1st Addition. The recommended motion for the action is as follows: "Move to approve a reduction of the Letter of Credit for the Hunters Crossing 1st Addition from $1,619,769 down to $894,649." ATTACHMENT(S): I. Engineer's Letter Recommending Security Reduction #2 for the Hunters Crossing st Addition, 2. Developer's Letter Requesting Reduction of Security for the Hunters Crossing 1st Addition. -- page 2 -- CALATLANTIC HOMES continuing the legacies of Ryland and Standard Pacific Tviiiin Cities 1559 Anagram Drive Edeta Prairie, 1,,IN 55344 552-229-53S0 Tel everp.calaStrtticiternes.corn December 3, 2015 Ryan Stempski, P.E. Focus Engineering, Inc. 3800 Laverne Ave. N. Lake Elmo, MN 55042 RE: Request for Letter of Credit Reduction — Hunters Crossing Dear Mr. Stempski: CalAtlantic Homes currently has two LOCs with the City of Lake Elmo. This letter is intended to be a summary of CalAtlantic's requests to have both LOCs reduced according to the Development Contracts. A spreadsheet detailing the reductions is attached. Hunters Crossing 1Addition LOC #IS0252285U for $1,619,768.00 This addition was substantially completed this past summer, final street improvements, pond filtration, and landscaping remain. Per the DA, section 37 A., CalAtlantic requests this LOC be reduced down to $869,335. Hunters Crossing 2" Addition LOC #IS0305143U for $1,145,404.00 This addition was significantly completed this past summer, sidewalks, final street improvements, and landscaping remain. Per the DA, section 37 A., CalAtlantic requests this LOC be reduced down to $601,976. Please feel free to contact me with any questions at (952) 229-6034. Sincerely, CalAtlantic Group, Inc. Shawn Wenzel, P.E. Land Coordinator Enclosure: LOC Reduction Request Spreadsheet Cc: Mark Sonstegard, VP Land Development — CalAtlantic Homes Jack Griffin, City Engineer — Focus Engineering UUF. CITY (/[ I A D,E EY MO Mr. Shawn Wenzel [al#|anticGroup, Inc. 7699Anagram Drive Eden Prairie, MNSS344 Re: Hunters Crossing 1st Addition Security Reduction #1 Dear Mr. Wenzel: We have reviewed your request dated December 3, 2015 for a reduction in the security for the Hunters [nuoin# 1st Addition, In accordance with Section 37 of the Hunters Crossing 1st Addition Development Contract, the progress for the improvements have not reached the threshold necessary to be edible for asecurity reduction a\this time. However, should the City Council adopt a revised policy to be presented by staff at the December 15, 2015 council meeting, and direct staff to apply the revised policy to all active developments in the City, then the security amount of$l,6l9'769may bereduced to$894,649. Should you have any questions or require additional information, please call me 651.300.4264. J6hoUack City Engineer Griffin, P.E. cc: Clark Shroeder,interim City Administrator Cathy Bendel, Finance Director Stephen VVensman,City Planner 380U1.mznicAvenue Nnnh°Lake 2hnn,M6oncsom550|2 THE CITY OF L‘KE ELN 0 AYOR & COUNCIL CO UNICATION DATE: December 15, 2015 REGULAR ITEM # 21.c AGENDA ITEM: Wildflower at Lake Elmo — Approve Security Reduction #2. SUBMITTED BY: Jack Griffin, City Engineer THROUGH: REVIEWED BY: Stephen Wensman, City Planner Cathy Bendel, Finance Director Clark Schroeder, Interim City Administrator SUGGESTED ORL)EI OF BUSINESS: Introduction of Item City Stall Report/Vresentation_..... ....... Stall Questions from C'ouneil to Staff,........ ....... Mayor Facilitates Public Input, if Appropriate ..... _ Facilitates Call for Motion ...... ...... .... ..... Mayor & City Council Discussion........„......... ....... ........ ........ ................ ..... Mayor & City C'ouncil Action on Motion ...... .......... ............ Mayor Facilitates POLICY RECOMMENDER: Administration/Finance/Planning/Engineering. FISCAL IMPACT: It is the City's goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. With this reduction the remaining security amount held by the City will be $2,310,740 which remains over and above the estimate to completion for the remaining subdivision improvements. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving a reduction in the security amount for the Wildflower at Lake Elmo 1st Addition. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: -- page 1 -- City Council Meeting [Regular Agenda Item 21.c] December 15, 2015 The developer has completed a substantial portion of the required development improvements for the Wildflower at Lake Elmo 1st Addition including the installation of sanitary sewer, installation of watermain, a substantial portion of storm sewer and about 35% of the required public street improvements consisting of over $2.5 million in construction costs. However, in accordance with Section 35 of the Wildflower at Lake Elmo 1st Addition Development Contract, the progress for the improvements have not reached the threshold necessary to be eligible for a security reduction at this time. Due to the end of the construction season the developer will not have an opportunity to reach the necessary thresholds until next spring. RECOMMENDATION: If the City Council adopts a revised security reduction policy to be presented by staff at the December 15, 2015 council meeting, and further directs staff to apply the revised policy to all active developments in the City, then staff is recommending that the City Council approve a reduction in the security amount for the Wildflower at Lake Elmo 1st Addition. The recommended motion for the action is as follows: "Move to approve a reduction of the Letter of Credit for the Wildflower at Lake Elmo 1st Addition fro,n $3,440,831 down to $2,310„740." ATTACHMENT(S): I. Engineer's Letter Recommending Security Reduction #2 for the Wildflower at Lake 1st Addition. 2. Developer's Letter Requesting Reduction of Security for the Wildflower at Lake 1st Addition. -- page 2 -- '[U[CITY LV' I � �r�� D—�� December 1],2Ol5 Mr. Robert Engstrom Robert Engstrom Companies 4801West 81st Street, Suite lO1 Minneapolis, MNS5437 Re: Wildflower atLake Elmo IstAddition Security Reduction #Z Dear Mr. Engstrom: We have reviewed your request dated December Dl 2015 for a reduction in the security for the Wildflower at Lake Elmo 1st Addition. In accordance with Section 35 of the Wildflower at Lake Elmo 1st Addition Development Contract, the progress for the improvements have not reached the threshold necessary tobeedible for asecurity reduction atthis time. However, should the City Council adopt revised policy to be presented bystaff atthe December 15, 3015 council meeting, and direct staff to apply the revised policy to all active developments in the Gt\\ then the security amount of$3'440A31may bereduced tu$Z,31O'74U. Should you have any questions or require additional information, please call me 651.300.4264. ^/ nUacW City Engineer cc: Clark Shroeder,Interim City Administrator Cathy Bendel, Finance Director Stephen VVensnnan,City Planner 3800LxN,concz\rcnucNorrb"l.akcELbno^A/inunruoco55042 12/11/2015 FOCUS Engineering. Inc. Mail - Wildflower at Lake Elmo LOC Jack Griffin lack.griffin@focusengineeringinc.com> Wildflower at Lake Elmo LOC 1 message Robert Engstrom <bob@engstromco.com> Thu, Dec 10, 2015 at 107 PM To: "John (Jack) Griffin, PE" <jack.griffin@focusengineeringinc.com> December 10, 2015 Jack Griffin Focus Engineering Dear Jack, Robert Engstrom Companies is requesting the City of Lake Elmo to reduce the Letter of Credit for site improvements at Wildflower at Lake Elmo. The reduction is based on the proposed reduction policy discussed in our meeting on December 9, 2015. I understand that this policy will be presented to the City Council on December 15, 2015. If approved, we are requesting the City Council take action on our request at the same meeting. Improvements completed are, sanitary sewer, water main and storm sewer. Improvements partially complete are, streets and trails. As agreed, attached is the latest pay request to assist in the calculation of the reduction. If you have question, please contact me. Kind Regards, Bob Engstrom https://mail.google.comimail/u/0/?ui=28iik=885060bd59&view=pt&search=inbox&th=1518d4d7ad7b3dc7&sim1.1518d4d7ad7b3dc7 1/2 1\Kr DATE: December 15, 2015 REGULAR ITEM # AGENDA ITEM: Hunters Crossing 2nd Addition — Approve Security Reduction #1. SUBMITTED BY: Jack Griffin, City Engineer THROUGH: REVIEWED BY: Stephen Wensman, City Planner Cathy Bendel, Finance Director Clark Schroeder, Interim City Administrator SUGGESTED ORDER OF BUSINESS: Introduction of Item ........ ..... . ............ ...... ........ ..... ....... .......... ..... City Staff - Report/Presentation City Staff - 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 ........ Mayor Facilitates POLICY RECOMMENDER: Adininistratiorainance/Planning/Engineering. FISCAL IMPACT: 21.d It is the City's goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. With this reduction the remaining security amount held by the City will be $591,726 which remains well over and above the estimate to completion for the remaining subdivision improvements. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving 8 reduction in the security amount for the Hunters Crossing 2nd Addition. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The Hunters Crossing 2nd Addition developer installed improvements have been substantially completed including the installation of sanitary sewer, watennain, storm sewer, residential streets, 5th Street (south -- page I -- City Council Meeting, December 15, 2015 [Regular ,4gencla Item 21.(1J half) and sidewalks consisting of over S900,000 in construction costs. However, in accordance with Section 36 of the Hunters Crossing 2nd Addition Development Contract, the progress for the improvements have not reached the threshold necessary to be eligible for a security reduction at this time. Due to the end of the construction season the developer will not have an opportunity to reach the necessary thresholds until next spring. RECOMMENDATION: If the City Council adopts a revised security reduction policy to be presented by staff at the December 15, 2015 council meeting, and further directs staff to apply the revised policy to all active developments in the City, then staff is recommending that the City Council approve a reduction in the security amount for the Hunters Crossing 2nd Addition. The recommended motion for the action is as follows: "Move to approve a reduction of the Letter of Credit for the Hunters Crossing 2nd Addition S1,145,404 down to $591,726." ATTACHMENT(S): I. Engineer's Letter Recommending Security Reduction #1 for the Hunters Crossing 2nd Addition. 2. Developer's Letter Requesting Reduction of Security for the Hunters Crossing 2nd Addition. -- page 2 -- I LAW' C H \i continuing the legacies ofPyzdand Standard p:ific Twin Cities 75,39Ajr9m D6wa roN - 2 2 - ') December 3, 2015 Ryan Stempski, P.E. Focus Engineering, Inc. 3800 Laverne Ave. N. Lake Elmo, MN 55042 RE: Request for Letter of Credit Reduction — Hunters Crossing Dear Mr. Stempski: CalAtlantic Homes currently has two LOCs with the City of Lake Elmo. This letter is intended to be a summary of CalAtlantic's requests to have both LOCs reduced according to the Development Contracts. A spreadsheet detailing the reductions is attached. Hunters Crossing i Addition LOC #1S0252285U for $1,619,768.00 This addition was substantially completed this past summer, final street improvements, pond filtration, and landscaping remain. Per the DA, section 37 A., CalAtlantic requests this LOC he reduced down to $869,335. Hunters Crossing 2"d Addition LOC #IS0305143U for $1,145,404.00 This addition was significantly completed this past summer, sidewalks, final street improvements, and landscaping remain. Per the DA, section 37 A., CalAtlantic requests this LOC be reduced down to $601,976. Please feel free to contact me with any questions at (952) 229-6034. Sincerely, CalAtlantic Group, Inc. Shawn Wenzel, P.E. Land Coordinator Enclosure: LOC Reduction Request Spreadsheet Cc: Mark Sonstegard, VP Land Development — CalAtlantic Homes Jack Griffin, City Engineer — Focus Engineering r|U-'Ol\'V' �� El December ll,Z01S Mr. Shawn Wenzel [aktlanLicGroup, Inc. 7699Anagram Drive Eden Prairie, K4NS5344 Re: Hunters Crossing 2ndAddition Security Reduction #1 Dear Mr. Wenzel: We have reviewed your request dated December3, 2015 for reduction in the security for the Hunters Crossing Znd Addition. In accordance with Section 36 of the Hunters Crossing Znd Addition Development Contract, the progress for the improvements have not reached the threshold necessary to beeligible for asecurity reduction atthis time. However, should the City Council adopt a revised policy to be presented bystaff atthe December 15, 20I5 council meeting, and direct staff to apply the revised policy to all active developments in the City, then the security amount of$l,l45'404may bereduced to$S9l,726. Should you have any questions or require additional information, please call me 651.300.4264. o' hn (Jack City Engineer . . Griffin, P.E. cc: Clark 5h/oeder,Interim City Administrator Cathy Bendel, Finance Director Stephen VVensman.City Planner }80ULaverne Arc000North ^Lake Elmo ^&buocsom55()42 T1 IF UrnOF LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 12/15/2015 REGULAR ITEM #: 22 MOTION AGENDA ITEM: Ordinance Amendments to Article 1X of the Zoning Ordinance - Rural Districts as it pertains to Permitted, Conditional, and Interim Uses SUBMITTED BY: THROUGH: Clark Schroeder Stephen Wensinan REVIEWED BY: Joan Ziertman Clark Schroeder SUGGESTED ORDER OF BUSINESS: Introduction of Item Report/Presentation Questions from Council to Staff Public Input, if Appropriate Call for Motion Staff Staff Mayor Facilitates Mayor Facilitates Mayor & City Council Discussion . Mayor & City Council Action on Motion ..... ........ ........... . ......... .......... ...... ....... ........ Mayor Facilitates SUMMARY AND ACTION REOUESTED: The Planning Commission held a public hearing on November 23, 2015 to discuss and take testimony on possible changes to Article IX of the Zoning Ordinance - Rural Districts, as it pertains to the following permitted, conditional, and interim uses: secondary dwellings, cemetery, commercial kennel, commercial stable, golf courses, restricted recreation, and agricultural sales business uses in the rural districts. Staff has been asked to hold off on any further discussion or action related to cemeteries due to pending litigation. The Planning Commission recommends that the City Council take action to approve the ordinance text amendments to Article IX of the Zoning Ordinance - Rural Districts with the following motion: The Planning commission recommends the City Council accept the proposed amendment to Article IX of the Zoning Ordinance - Rural Districts and Article ll-Definitions by approving the following motion: "Move to approve an ordinance amendment, amending Article LY of the Zoning Ordinance making secondwy dwellings a permitted use in the Rural Residential District, removing commercial kennels as a conditional use in the RT -Rural Development Transitional District and RR -Rural Residential District, removing restricted recreation as conditional use in the Agriculture District, runt amending Article 11, striking, "or, within a detached .structure",.from the definition o 'secondary dwelling" BACKGROUND AND STAFF REPORT: On October 26, 2015 Kyle Klatt, the former Community Development Director, reviewed Zoning Ordinance Use Classifications generally with the Planning Commission and after which it was suggested that a public hearing be held to take public testimony and to specifically consider amending the following pennitted, conditional and interim uses in the rural districts: secondary dwellings, cemetery, commercial kennel, commercial stable, golf courses, restricted recreation, and agricultural sales business uses. The Planning Commission held a public hearing on November 23, 2015 to discuss and take testimony on the uses with respect to their fit with: 1. The Purpose of the individual zoning districts; 2. The intent and purpose consistent with the Comprehensive Plan; 3. The likely impact of the uses on the individual rural zoning districts considering the typical lot sizes and densities of the neighborhoods; and 4. The site design and development standards. The public hearing comments were only in response to cemeteries which is not being considered at this time. The Planning Commission discussed the uses and recommended the following changes: Article IX, Section 154.401, Table 9-1 Permitted and Conditional Uses, Rural Districts Residential District Uses Secondary dwelling Cominercial Kennel Commercial Stable Golf Course Restricted Recreation Agricultural Sales Business RT A RR RS RE P ARTICLE II, Section 154.012, Subd. Bia. DEFINITIONS: Secondary Dwelling. A residential dwelling unit, but not a manufactured home, located on the same lot as a single family dwelling unit, either within the principal structure, above a detached garage, In addition to the above mentioned changes, the Planning Commission directed staff to research strengthening the standards for commercial kennels and stables and to come back with a draft ordinance amendment in the future. RECOMMENDATION: The Planning commission recommends the City Council accept the proposed amendment to Article IX of the Zoning Ordinance — Rural Districts and Article II -Definitions by approving the following motion: "Move to approve an ordinance amendment, amending Article IX of the Zoning Ordinance making secondary dwellings a permitted use in the Rural Residential District, removing commercial kennels as a conditional use in the RT -Rural Development Transitional District and RR -Rural Residential District, removing restricted recreation as conditional use in the Agriculture District, and amending Article II, striking, "or, within a detached structure",from the definition of secondary dwelling." ATTACH MENT(S): • Planning Commission Staff Report dated 10/12/15. • Planning Commission Staff Report dated 11/23/15. • Planning Commission Minutes dated 10/12/15. • Planning Commission Minutes dated 11/23/15. • Article IX of the Lake Elmo Code of Ordinances. • Article II of the Lake Elmo Code of Ordinances. TI W. CI I ( )1: AKE ELMO PLANNING COMMISSION DATE: 10/12/15 AGENDA ITEM: 5A - BUSINESS ITEM CASE # 2015-033 ITEM: Zoning Text Amendment Review of Zoning District Use Classifications SUBMITTED BY: Kyle Klatt, Community Development Director REVIEWED BY: Planning Commission SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to review the City's overall assignment of different uses between various zoning districts within the City. At a more specific level, Staff is recommending that the Commission consider revisions to remove cemeteries as a permitted use in Agriculture and Rural Residential Zoning Districts. GENERAL INFORMATION Applicant: City of Lake Elmo Property Owners: N/A Location: N/A — Staff is requesting that the Planning Commission review uses on a City- wide basis. Request: The Planning Commission is being asked to review the City's use classifications as regulated across all zoning districts within the City. If the Commission elects to make any changes, Staff is recommending that a public hearing be scheduled for the next meeting in order to hold a public hearing on these changes. Existing Land Use: N/A Existing Zoning: N/A Surrounding Land Use: N/A Surrounding Zoning: N/A Comprehensive Plan: N/A Proposed Zoning: N/A History: The Planning Department has been working on a complete update to the City's Zoning Ordinance, and over the past three years has brought forward amendments to nearly all of the individual zoning districts used throughout the code. This included revising existing districts to being them up to date with the new code and to also adopt completely new zoning districts for the City's future sewer service areas. As part of this work, the City has approved a completely revamped use classification system that is intended to improve consistency throughout the ordinance. BUSINESS ITEM 5A Applicable Regulations: Zoning District Provisions (154,350 through 154.600) BACKGROUND The City has recently taken action to deny a preliminary and final plat associated with a cemetery proposed on property zoned RR — Rural Residential. During the City's review of this project, the Planning Commission and City Council both questioned the reasons for allowing this particular use in the RR district, and the Planning Commission was directed to further consider whether or not the City should amend the code to eliminate (or change) the zoning for cemeteries. With the recent action taken by the Council to deny the cemetery request, Staff is now bringing the zoning issue back for discussion by the Planning Commission. Because it has been a little while since the City has reviewed the list of uses allowed in any specific zoning district, Staff would like to take some time at the next Planning Commission meeting to review all uses and the distribution of these uses across all of the approved zoning districts. To help the Planning Commission with this review, Staff has created a chart that list each individual zoning district along with each separate use classification defined by the Zoning Ordinance. By working across the chart, the Commission will be able to see in which districts each type of use is allowed, either as a Permitted Use (P), Conditional Use (C), or Interim Use (I). If the use is not allowed in a particular district, the column is blank. The intent of this exercise is to ensure that the uses as allowed throughout the City are consistent with the intent and purpose of the Comprehensive Plan. The Planning Commission is therefore asked to review all of the uses and discuss any potential changes with Staff at its meeting. If there are any changes proposed, Staff is recommending that these changes be considered at a public hearing at the Commission's next meeting. There is a second chart attached to this report that includes the districts that have not yet been updated into the new zoning code. As you will see, there are several older uses that no longer fit with the revised zoning ordinance. At some point, these districts will need to be updated to be integrated with the updated ordinance. STAFF REVIEW COMMENTS: Staff will review the list of uses and districts with the Commission at its meeting and be available to answer any questions concerning the attached chart at this time. To help with this review, Staff has also attached a copy of the definitions for each of the separate use classifications. RECCOMENDATION: Staff recommends that the Planning Commission review the proposed tables and direct Staff to amend the chart as deemed necessary to improve consistency between the Comprehensive Plan and the Zoning Ordinance. BUSINESS ITEM 5A ATTACHMENTS: I. Zoning and Use Chart New Zoning Districts 2. Zoning and Use Chart — Zoning Districts Not Updated 3. Definitions — Use Classifications ORDER OF BUSINESS: Introduction ......... ....... ..... Community Development Director Report by Staff ..... ..... ..... City Planner Questions from the Commission .............. .............. Chair & Commission Members Discussion by the Commission ........ ...... Chair & Commission Members Action by the Commission .....................................Chair & Commission Members BUSINESS ITEM 5A Permitted and Conditional uses ' all zoning districts Types n[uses Residential Uses Household Living Single-family Detached Dwelling Two-family Dwelling Single-family attached Dwelling Multi -family Dwelling (rental or Condo) Secondary Dwelling Live -Work Unit Manufactured home park Group Living Group Home Group Residential Facility Halfway House Congregate Housing Semi'transientaccommoationo Public & Civic Uses Community Services Day Care Center Public Assembly Religious Institutions Schools, Public &Private Colleges and Universities Cemetery Services Business Center Business Services Commercial Kennel pp p p p p P I P P P P C C P |[ [ [ [ \C - [ |P C [ |[ - C - [ C Types ofuses Commercial Stable Communication Services Education Services Financial Institution Funeral Home Lodging Medical Facility Membership Organization Nursing & Personal Care Off ices Personal Services Repair Q Maintenance Shop Self Service Storage Facility Trade shop Transportation Services Vete,innrySemioes KT AG RR KSRE LDR MDR HDK VMX LC CC [ BP L [ | p Sales ofMerchandise/Agricultural uuos Agricultural Entertainment Business | | | Agricultural Production P P P Agricultural Sales Business | i | Agricultural Services Agricultural Support Farmers Market Forestry Operations Garden Center Greenhouses, Non Retail Neighborhood Convenience Store Retai|Tedei Shopping Center Wayside Stand General Retail Sales Building Supply Sales [ C - - - P P p C [ - [ C C C [ C C [ P P C P PP C C C C _ [ P 'P [ ' ' - p [ ' P P P P P P P IF, P C Types ofuses Warehouse Club Sales Furniture and appliance sales Grocery, Supermarket Liquor Store Garden Center Wholesaling Food Services Standard Restaurant Restaurant with DriveAhrough Drinking &Entertainment Drive-in Restaurant Fast Food Restaurant Automotive/Vehicular Uses Automobile Maintenance Service 4utomnbi|eParts/Supp|y Gasoline Station Parking Facility Sales and Storage Lots Car Wash Commercial Vehicle Repair Outdoor Recreation Golf Course Outdoor Recreation Facility Parks and Open Space Restricted Recreation Campgrounds &Tr i|erin8 Outdoor Entertainment Marina RT AG RR RSR[ LDR MDR HDRVK4X LC CC [ BP / - '' - ` .'' / ' ~ C ' C ' p p p - C ! . \ / C P ' C C P P ' C ' P C Types ofuses |odoprnecreatiom/Entertainnoent Indoor Athletic Facility Indoor Recreation Adult Establishment Transportation and Communications � Broadcasting nrCommunications Facility � Accessory Uses Home Occupation Bed &Breakfast Domestic Pets Drive -through facility Family Day Care Group Family Day Care Kennel, Private Stable, Private Temporary Sales Parking Facility Solar Equipment Outdoor Storage Outdoor Display Swimming pools, hot tub and the like Water oriented accessory Structures Commercial Wedding Venue Other structures typically incidental and clearly subordinate to permitted use Industrial and Extractive uses Motor Freight and Warehousing Heavy Industrial Landfill RT AG RR IRS RE LDR MDR HDR VMX LC CC C BP p p I p p 1C [ C - ' ' C C [ P P 1P p p p p p p p p p |p p |p } I [ C (C C |[ C C P P P {P p P p ( � p p p pp p p pp - C P [ C p p 'P p |p p [ ' .- |- [ ' � p p p . p p p Types wfuses Light Industrial Non'produchon|ndusLha| Research and Testing Resource extraction Sa|vage/recyc|ab\eCenter open Space Preservation Development OP Development OP -Alt Development are these the same Note: some of these uses have additional restrictions in ordinance Permitted and Conditional uses - Old zoning districts Types of uses OP P OP -Alt Residential Uses Household Living Single-family Detached Dwelling P Single-family attached Dwelling P Townhouses p Group Living Senior Housing Public & Civic Uses Facilities for Local, County & State Gov C Schools, Public &Private C Cemetery [ Places ofWorship C Libraries and Museums C Historic Sites and Interpretive Centers C The Keeping of Horses I Farm Schools Sales mfMerchandise/Agricultural uses Agriculture Suburban Farm Wayside Stand AccessorVUes Stable, Private Other structures typically incidental and clearly subordinate topermitted use P P P P P P Types ofuses OP P OP -Alt Open Space Preservation Development Preserved Open Space P Conservation Easements P Note: some of these uses have additional restrictions in ordinance [Type text] DEFINITIONS § 154.009 INTRODUCTION AND PURPOSE. The purpose of this article is to define general terms used in this zoning ordinance, to establish a classification system for land uses and a consistent set of terms defining uses permitted within various zoning districts, and to establish the rules for interpretation of language in this ordinance. (Ord. 2012-062, passed 9-18-2012) § 154.010 INTERPRETATION OF CERTAIN TERMS. In the construction of this zoning ordinance, the following rules shall be observed and applied, except where the context clearly indicates otherwise: (A) The present tense shall include the future, (B) The singular number shall include the plural, and the plural the singular. (C) The word "shall" is mandatory, and not discretionary. (D) Thelvord "may" is permissive. (E) The word "should" is advisory. (F) The word "building" includes the word "structure." (G) The words "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for." (H) The word "lot" shall mean "zoning lot" unless otherwise specified in this ordinance. (1) The words "lot," "parcel," or "premises" may be used interchangeably. (J) All stated and measured distances shall be taken to the nearest integral foot. If a fraction is one-half (1/2) foot or less, the integral foot next below shall be taken. (Ord. 2012-062, passed 9-18-2012) § 154.011 GENERAL DEFINITIONS. Unless specifically defined in this chapter, common definitions, words and phrases used in this chapter shall be interpreted as to give them the same meaning as they have in common usage throughout this code and are found in § 11.01, (Ord. 2012-062, passed 9-18-2012) § 154.012 ZONING USE TYPES AND CLASSIFICATIONS. 9 [Type text] (A) Rules of Interpretation for Zoning Use Types and Classifications. (1) Purpose of Use Toes. The purpose of the Use Types is to establish a classification system for land uses and a consistent set of terms defining uses permitted within various zoning disnicts. The Use Types section also facilitates the process of determining the applicable use type of any activity not clearly within any defined use type. (2) Interpretation. In the event of any question as to the appropriate use type of any existing or proposed use or activity, the Planning Director shall have the authority to determine the appropriate use type. In making such a determination, the Planning Director shall consider the operational and physical characteristics of the use in question and shall consider the classification contained in the most recent edition of the Standard Industrial Classification Manual published by the U.S. Office of Management and Budget, In addition, the Planning Director shall consider the specific requirements of the use in common with those included as examples of use types. Those examples, when included in use type descriptions, are intended to be illustrative, as opposed to exclusive lists. The Planning Director may also determine that a proposed use or activity is sufficiently different from any use type listed below and will require an amendment to the text of this chapter. (3) Determinations in writing. The Planning Director shall make such determinations of appropriate Use Types in writing, which shall include an explanation of the reasons for the determination. (4) AppeaL A determination of the Planning Director may be appealed to the Board of Adjustment pursuant to the procedures for administrative appeals outlined in § 31.10. (B) Use types and classifications. (1) Residential and related uses. (a) Family living. 1. Live -Work Unit. A dwelling unit in combination with a shop, office, studio, or other work space within the same unit, where the resident occupant both lives and works. 2. Manufactured Home Park. A development on a site under a single ownership which consists of two or more spaces for the placement of manufactured homes for dwelling or sleeping purposes, regardless of whether or nor a fee is charged for the utilization of such space. 3. Multi Family Residential. A building containing three (3) or more dwelling units. The term includes cooperative apartments and condominiums, but not condominium -hotels. (See CONDOMINIUM and CONDOMINIUM -HOTEL under § 11.01.) 4. Secondary Dwelling. A residential dwelling unit, but not a manufactured home, located on the same lot as a single family dwelling unit, either within the principal structure, above a detached garage, or within a detached structure. 5. Single Family Attached. A building containing one dwe building containing only one dwelling unit, with each building on a separate a ached to another 6. Single Family Detached. A building containing only one dwelling unit, surrounded by landscape area or yards on all sides. 7. Two -Family or Duplex. A building on a single lot or adjacent lots containing two dwelling units, either side -by -side or stacked vertically. (b) Group Living. 10 [Type text] 1. Congregate Housing. A dwelling providing shelter and services for the elderly, which may include meals, housekeeping, and personal care assistance and minor medical services, but not intermediate, long term, or extended nursing care for residents. 2. Correctional Facilities. A public or privately operated use providing housing and care for individuals legally confined, designed to isolate those individuals from a surrounding community. 3. Group Home. A residence shared by six or fewer handicapped persons in addition to resident staff, who live together as a single housekeeping unit and in a long-term, familylike environment in which staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. 4. Group Residential Facility. A licensed public or private establishment, which, for gain or otherwise, regularly provides one or more dependents with 24-hour a day substitute for the care, food, lodging, training, education, supervision, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the dependent's own home. This term includes, but is not limited, to state institutions under the control of the Commissioner of Public Welfare, foster homes, maternity shelters, group homes as defined herein with seven or more residents, schools for handicapped children, and hornes for battered children or battered spouses. 5. Halfivay House. An establishment providing accommodations, rehabilitation, counseling, and supervision to persons suffering from alcohol, drug addiction or other similar disorders, or to persons re-entering society after being released from a correctional facility or other institution. 6. Semi -Transient Accommodations. Semi -transient accommodations include boarding houses, rooming houses, fraternity and sorority houses, or lodging rooms, as defined by this chapter. Semi -transient accommodations do not include CONDOMINIUM -HOTELS, as defined in § 11.01. (2) Public and Civic Uses. (a) Cemeto:v. Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including colutnbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery. (b) Colleges and Universities. Institutions of higher learning which offer courses of general or specialized study leading to a degree or certificate. They are certified by the State Board of Higher Education or by a recognized accrediting agency. Colleges tend to be in campus -like settings or on multiple blocks. Accessory uses include offices, housing for students, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance facilities, and support cotrunercial. Examples include universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to a hospital, and seminaries. (c) Connnunity Services. Establishments of a public, nonprofit, or charitable nature generally providing a local service to people of the community. Generally they provide the service on the site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities may incoiporate membership provisions, and are open to the general public to join at any time {for instance, any senior citizen could join a senior center). The use may also provide special counseling, education, or training of a public, non-profit, or charitable nature. Accessory uses may include offices, meeting areas, food preparation areas, parking, health and therapy areas, day care uses, and athletic facilities. Examples include libraries, museums, senior centers, community centers, social service facilities, early childhood learning facilities, and other special educational services. 11 [Type text] (d) Day Care Center. Any facility operated for the purpose of providing care, protection, and guidance to 14 or more individuals during only part of a 24 hour day. This term includes nursery schools, preschools, day care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full 24 hour period. (e) Public Assembly. Facilities owned and operated by a public or quasi -public agency accommodating public assembly for non -recreation purposes. Typical uses include auditoriums, convention facilities, exhibition facilities, convention halls, or armories. (f) Religious Institutions. Establishments that are intended to primarily provide meeting areas for religious activities. Accessory uses include Sunday school facilities, parking, caretaker's housing, and group living facilities such as convents. Examples include churches, temples, synagogues, and mosques. (g) Schools, Public and Private. Establishments at the pritnary, elementary, middle, junior high, or high school level that provide state mandated basic education. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before or after school day care. Examples include public and private daytime schools, boarding schools, and military academies. Exemptions: 1) preschools are classified as day care facilities, and 2) business and trade schools are classified as educational services. (3) Services. (a) Business Center. A building or group of buildings planned, constructed, and managed as a total entity, with common on -site parking for a group of commercial service establishments, with office uses also permitted. In the central business district, the requirement for common on -site parking need not be met in order to classify a development as a business center. (b) Business Services. Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing, building maintenance, office equipment rental and leasing, photo finishing, business supply services, and computer programming/data processing services. (c) Commercial Kennel. The boarding, breeding, raising, grooming or training of two or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises, and/or for commercial gain. (d) Commercial Stable. The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and their non-paying guests. Included in this definition are riding academies. (e) C0/111111117ialii017 SelViCes. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephone mechanisms. Excluded from this use type are facilities classified as essential services or broadcasting and communications towers. Typical uses include television studios, telecommunications service centers, telegraph service offices or film and sound recording facilities. (f) Educational SeiTices. Establishments engaged in furnishing specialized academic or technical courses, normally on a fee basis, such as vocational or correspondence schools, barber college, data processing schools, or secretarial schools, along with non -degree granting schools such as post secondary colleges and universities, martial arts, music, art, ceramic, and dramatic, schools, and dance instruction. (g) Financial institution. Provision of financial and banking services to consumers or clients. Walk-in and drive-in services are generally provided on site. Typical uses include banks, savings and loan 12 (Type text] associations, savings banks, credit unions, lending establishments, and drive -up automatic teller machines (ATMs). (h) Funeral Home. Establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. Typical uses include funeral homes or mortuaries, (i) Lodging. See Transient Accommodations. (j) Medical Facilities. Establishments engaged in providing diagnostic services, extensive medical treatment (including surgical services), and other hospital services, as well as continuous nursing service, including general medical and surgical hospitals, specialty hospitals, medical laboratories, bio-medical research and development, outpatient care facilities, medical schools and associated donnitories, medical appliance sales, and similar uses, but not including animal hospitals, (k) Membership Organization. Organizations operating on a membership basis for the promotion of the interests of the members included such uses as trade associations, business associations, professional membership organizations, labor unions, civic or fraternal organizations, but not including churches, hospitals, golf and country clubs, or credit unions. (l) Nursing and Personal Care. Establishments primarily engaged in providing intermediate or long-term nursing and health related care to individuals, typically classified as nursing homes. (m) Offices. A building or portion of a building use for office purposes by a business, service, professional, or institutional establishment, including medical offices or clinics, studios for those involved in art, sculpture, music, and the like, and all other establishments similar in character. (n) Personal Services. Establishments primarily engaged in providing services involving the care of a person or his or her apparel, such as barber shops, clothing rental, salons and health clubs, photographic studios, cleaning and garment services (but not including power laundries or dry cleaning plants) or coin operated laundries. (o) Repair and Maintenance Shop. Establishments engaged in miscellaneous repair services, primarily of household oriented products such as radios, televisions, washers and dryers, furniture (including re -upholstery), small engine repair, bicycles, or locksmiths. (p) Self sei-vice Storage Facility. An establislunent designed and utilized for the purpose of renting or leasing individual storage spaces to tenants who have sole private access to such space for storing personal property. (q) Trade Shop. Any lot, land, building, or structure that serves as the headquarters for contractors involved in specialized activities such as plumbing, painting, plastering, masonry, carpentry, roofing, well drilling, landscaping and the like, where tools, equipment and materials used in the business are stored. The category also includes establishments involved in specialized trades such as sheet metal, sign painting, drapers, and exterminators, (r) Transient Accommodations, Lodging. Establishments in which lodging is provided and offered to the public for compensation, and which is open primarily to transient guests, as distinguished from serni-transient boarding or rooming facilities. Typical uses include hotels, motels, and inns. Meeting and restaurant facilities may be included accessory to this use type. Condominium -hotels shall be considered as a type of transient accommodation. (s) Transportation Services. Establishments furnishing services related to the arrangement of persons and goods movements, such as freight forwarding, parking services or the rental/leasing of 13 [Type text] automobiles or two -axle trucks. (t) Veterincity Service. Establishments engaged in the practice of veterinary medicine, dentistry or surgery, along with those providing animal related services such as kennels, grooming, or breeding services. (4) Food Service. (a) Drinking and Entertainment. Establishments primarily engaged in the selling of drinks for consumption on the premises, where entertainment may be provided and the incidental sale of prepared food for consumption on the premise is permitted. These cstablislunents may often charge a fee or admission charge for the entertainment provided. Included in this category are bars, beer gardens, discotheques, nightclubs, taverns, and dance halls. (b) Drive -In Restaurant. An establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery, or table service, served in disposable containers at a counter and a drive -up or drive through service facility or which offers curb service. (c) Fast Food Restaurant. An establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery, or table service, served in disposable containers at a counter. This use type does not employ a drive -up or drive -through service facility, and does not offer curb service. (d) Standard Restaurant. An establishment whose principal business is the sale of food and/or beverage to customers in a ready to consume state, and whose principal method of operation includes one or both of the following: 1) customers, normally provided with an individual menu, are served their food and beverage by restaurant employees at the same table or counter at which the food and/or beverage are consumed, 2) a cafeteria -type operation where food and beverage generally are consumed within the restaurant building. (5) Sales of Merchandise. (a) Garden Center (Retail Agriculture). Establishments or places of business primarily engaged in retail or wholesale (bulk) sale, from the premises, of trees, shrubs, seeds, fertilizers, pesticides, and plant materials primarily for agricultural, residential, and commercial consumers. Such establishments typically sell products purchased from others, but may sell some material which they grow themselves. Typical uses include nurseries, retail greenhouses, plant stores, and ]awn and garden centers. (b) Neighborhood Convenience Store. Establislunents primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, and limited household supplies and hardware. Convenience stores shall not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores. (c) Retail Trade. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. These establishments are characterized by the following: 1) they buy and receive as well as sell merchandise; 2) they may process some products, but such processing is incidental or subordinate to the selling activities; and 3) they predominantly sell to customers for their own personal or household use. Retail trade is divided into the following subcategories for the purposes of this chapter. 1. General retail. 2. Antiques and collectibles store. 3. Art gallery. 4. Bicycle sales and repair. 14 [Type text] 5. Book store, music store. 6. Clothing and accessories. 7. Craft or needlework shop. 8. Drugstore, phannacy. 9. Electronics and appliance sales and repair. 10. Florists. 11. Specialty food store, including bakery, butcher shop, delicatessen, and the like. 12. Jewelry store. 13. Hardware store. 14. News stands, magazine sales, 15. Pet store. 16. Photographic equipment and supplies. 17. Picture framing. 18. Secondhand store, thrift or consignment store. 19. Sporting goods store. 20. Stationery store. 21. Tobacco store. 22. Video rental or sales. 23. Building supplies sales. 24. Furniture and appliance sales, rental, showrooms. 25. Grocery, supermarket. 26. Liquor store. 27. Warehouse club sales. (d) Shopping Center. A group of commercial establishments planned, constructed, and managed as a total entity with shared access, customer and employee parking provided on -site, provision of goods delivery separated from customer access, aesthetic considerations and protection from the elements. (e) Wholesaling,. Establishments engaged primarily in selling merchandise to retailers, or to industrial, commercial, institutional, or professional business customers, or to other wholesalers, or on a mail order basis to individuals or firms, or which serve as agents or brokers buying merchandise for, or selling merchandise to, individuals and companies. (6) Automotive/Vehicular Uscs. (a) Automobile 11/faintenance Service. Repair of automobiles, non-commercial trucks, 15 [Type text] motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include tire sales and installation, wheel and brake shops, oil and lubrication services and similar repair and service activities where minor repairs and routine maintenance are conducted. (b) Automobile Parts/Supply. Retail sales of automobile parts and accessories. Typical uses include automobile parts and supply stores which offer new and factory rebuilt parts and accessories, and include establishments, which offer minor automobile repair services as an accessory use. (c) Car Wash. Washing and cleaning of vehicles. Typical uses include automatic conveyor machines and self service car washes. (d) Commercial Vehicle Repair. Repair of construction equipment, commercial trucks, agricultural implements and similar heavy equipment, including automobiles, where major engine and transmission repairs are conducted. Typical uses include automobile and truck repair garages, transmission shops, radiator shops, body and fender shops, equipment service centers, machine shops, and other similar uses where major repair activities are conducted. (e) Gasoline Station. Any place of business with fuel pumps and underground storage tanks that provides fuels and oil for motor vehicles. A neighborhood convenience store associated with automobile fuel sales shall be considered a gasoline station. (f) Parking Facility. Any structure associated with a non-residential use whose purpose is to provide the required off-street parking spaces for a principal use, or any site utilized for parking which constitutes the principal use on a parcel of land. This category also includes community Lots, which are established to meet the parking needs in a residential area, and park + ride lots. (g) Sales and Storage Lots. Establishments engaged in the display for sale or lease of automobiles, trucks, machinery, recreational vehicles and manufactured homes, including auto dealerships or the farm commercial storage of privately owned trailers, boats, campers, or similar vehicles. (7) Outdoor Recreation. (a) Campgrounds and Trailering. Establishments engaged in providing overnight or short-term sites for the placement of recreational vehicles or temporary housing, with or without facilities such as water and electricity. (b) GolfCourse. A tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. Included would be executive or par 3 golf courses. Specifically excluded are independent driving ranges or miniature golf facilities, which are classified as outdoor recreation facilities, (c) Marina. A facility for storing, servicing, fueling, berthing, and securing and launching of private pleasure craft that may include the sale of fuel and incidental supplies for the boat owners, crews, and guests. (d) Outdoor Entertainment. An outdoor facility developed for entertainment, amusement, or tourist purposes which typically involve large areas of land and concentrated traffic peaks oriented towards events at the facility, including drive-in theaters, amphitheaters, outdoor concert halls, or theme parks. (e) Outdoor Recreation Facility. A commercial recreation facility that is primarily an open-air facility, such as baseball fields, swimming pools, skating rinks, golf driving ranges, or miniature golf facilities. (0 Parks and Open Areas. Uses of land focusing on natural areas, large areas consisting mostly 16 [Type text] of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures. Accessory uses include, but are not limited to, clubhouses, maintenance facilities, concessions, caretaker's quarters, gazebos, pavilions, band shells, and parking. Examples include parks, public squares, plazas, recreational trails, botanical gardens, boat launching areas, nature preserves, and land used for grazing that is not part of a farm or ranch. (g) Restricted Recreation. Commercial recreation facilities that are of greater nuisance than conventional outdoor athletic facilities because of 1) the noise and traffic volumes they may generate, 2) the glare they produce, or 3) the potential danger they may create from flying objects or the use of weapons. This category includes such uses as amusement parks, racetracks (auto, go-cart, motorcycle) or ranges (skeet, rifle, or archery). (8) Indoor Recreation/Entertainment. (a) Adult establishment. See § 113.02. (b) Indoor Athletic Facility, A commercial recreation facility that provides completely enclosed or indoor recreation space, such as racquet clubs, indoor skating rinks, swimming pools, or gymnasiums. (c) Indoor Recreation. Establishment primarily engaged in activities intended to provide personal amusement, with the largest number of patrons typically during the evening hours or on weekends, and where food and refreshments may be provided as an incidental service, including such uses as bowling alleys, billiard, pool, or bingo parlors, amusement arcades, and indoor theaters (live or motion picture). (9) Agricultural and Related Uses. (a) Agricultural Entertainment Business. An agricultural sales business that combines the elements and characteristics of agriculture and tourism, which is not necessarily located in an existing building. Examples of agricultural entertainment include: corn mazes, hay rides, sleigh rides, petting farnas, on -farm tours, agricultural related museums, demonstrations of fanning practices, techniques and methods, fee -based fishing and hunting, horseback riding, nature trails, haunted barns and similar activities which are related to agriculture. (b) Agricultural Production. Establishments engaged in the production of crops, plants or vines, including agro forestry, or establishments which are engaged in the keeping, grazing, or feeding of livestock for sale, value increase, or livestock increase. (c) Agricultural Sales Business, The retail sale of fresh fruits, vegetables, flowers, herbs, trees, or other agricultural, floricultural, or horticultural products. The operation may be indoors or outdoors, include pick -your -own or cut -your -own opportunities, and may involve the ancillary sale of items considered accessory to the agricultural products being sold or accessory sales of unprocessed foodstuffs; home processed food products such as jams, jellies, pickles, sauces; or baked goods and homemade handicrafts. The floor area devoted to the sale of accessory items shall not exceed 25% of the total floor area, No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold as accessory items. No activities other than the sale of goods as outlined above shall be allowed as part of the agricultural sales business. (d) Agricultural Services. Establislunents that perform services which support or assist the agricultural community, such as soil preparation services, crop services, farm management services, or breeding services on a fee or contract basis, along with experimental farms for research or educational purposes. This category is intended to apply where agricultural land is located, and may include buildings and other structures that provide office, warehouse, and storage areas for these establishments. 17 [Type text] (e) Agricultural Support. Establishments engaged in farm equipment sales and repair, farm produce sales and supply (feed grain, elevators) and small-scale farm product processing, such as cider mills, dairies, poultry or meat processing. (f) Forestry Operations. The use of land for the raising and harvesting of tiinber, pulpwood or other forestry products for commercial purposes, including the temporary operation of a sawmill and/or chipper or grinder to process the timber cut from that parcel or contiguous parcels. Excluded from this definition shall be the cutting of timber associated with land development approved by the City which shall be considered accessory to the development of the property. (g) Greenhouse, Non Retail. A building or structure constructed chiefly of glass, glasslike or translucent material, cloth, or lath, which is devoted to the protection or cultivation of flowers or other tender plants. (h) Wayside Sunul. A temporary structure or vehicle used for the seasonal retail sale of agricultural goods, floriculture, and horticulture produced by the operator of the wayside stand, which is clearly a secondary use of the premises and does not change the character thereof. (10) Industrial and Extractive Uses. (a) Heavy Industrial. Establishments involved in the manufacture, fabrication, processing, compounding, or assembling of materials from raw material or previously processed material, These uses have severe potential for adversely affecting surrounding land uses due to potential environmental impacts related to noise, smoke/particulate emissions, vibration, noxious gases, odor, glare/heat, fire/explosion hazards and waste disposal. In addition, these uses may generate large amounts of truck or auto traffic, may involve the use of large unenclosed production areas, or may require large, tall structures that are unsightly. Heavy industrial uses typically involve primary production processes in the area of paper products (pulp mills), food processing (slaughterhouse, meat packing plant), chemicals (manufacture of inorganic chemicals, resins, plastics, paints, fertilizers, explosives, ink), petroleum products (refineries, bulk storage), primary metals (blasting, smelting, rolling), machinery and equipment manufacture (auto assembly, engines, construction equipment), leather (storing, curing, tanning), gravel based products (manufacture of bricks, concrete, abrasives), and lumber products (saw mills). (b) Landfill. A disposal site employing an engineered method of disposing solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume, and applying cover material over all exposed waste at the end of each operating day, (c) Laundry Plant. Establishments primarily engaged in the provision of laundering, cleaning, or dyeing services other than those classified as Personal Services. Typical uses include bulk laundry and cleaning plants, diaper services, and linen supply services. (d) Light Industrial. Establishments involved in the processing, fabrication, assembly, or compounding ofproducts where the process involved is relatively clean and nuisance free, usually completely enclosed, and with limited environmental effects. These uses can be made compatible with surrounding areas through landscape screening and through separation required by yard and height limitations. Typically, these uses result in the creation of finished products for sale on a wholesale basis to retailers or directly on a retail basis, and include uses in the following areas: lumber products (millwork, cabinet-making), electronics, textiles, printing and publishing services, bottling works, carpet and rug cleaning, furniture manufacture, paper (final processing of stationery, bags, etc., from purchased bulk stock), light metal finishing and light machining, rubber and plastics (compounding processed resins, molding plastics), gravel based products (pottery, cutting, finishing granite, firing and decorating clay products), and ice manufacturing. 18 [Type text] (e) Motor Freight and Warehousing. Establishments engaged primarily in either the storage or shipment of goods and materials, including terminal facilities for handling freight, and maintenance facilities in which the trucks (including tractor trailer units) involved with the operation of the business are stored, parked and serviced. Materials \within a warehouse or terminal facility may be combined, broken down, or aggregated for trans -shipment or storage purposes where the original material is not chemically or physically changed. (f) Non -Production Industrial, Establishments that normally are considered industrial in character even though they are not involved in the manufacturing or processing of products. These uses generate negative impacts largely through their need for outside storage of equipment and materials, the large expanse of land needed for this storage, and the creation of dirt, dust and noise, along with intennittent truck traffic. These uses generally can be made compatible through landscape screening and the imposition of limited performance standards, and thus are not objectionable in most industrial or commercial districts. The types of uses categorized here include contractors yards, lumberyards, utility yards, and public maintenance shops and yards. (g) Research and Testing. Establishments or other facilities for carrying on investigation in the natural or physical sciences, or engineering and development as an extension of investigation with the objective of creating end products, on a contract or fee basis, and including pilot plant operation. (h) Resource Extraction. A use involving on -site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operations, mining, and soil mining. Specially excluded from this use type shall be grading and removal of dirt associated with an approved site plan or subdivision. (i) Salvage/Recyclable Center. Land or buildings where waste, discarded, salvaged, or recyclable materials are bought, sold, stored, exchanged, sorted, cleaned, packed, disassembled or handled on a commercial basis, including but not limited to, scrap metal, aluminum, rags, paper, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles. Any site containing two or more unregistered, inoperable motor vehicles is classified as a salvage center. (11) Utilities, Transportation and Communications. (a) Air transportation, Establishments engaged in domestic, emergency, or foreign transportation of passengers or goods by air, including airports, flying fields, rotorcraft terminals, as well as any associated terminal facilities. (b) Broadcasting or Communication. Any unstaffed facility for the transmission and/or reception of radio, television, radar, cellular telephone, personal paging device, specialized mobile radio (SMR), and similar services. A broadcasting or communication facility usually consists of an equipment shelter or cabinet, a support tower or other structure used to achieve the necessary elevation, and the transmission or reception devices or antenna. Broadcasting or communication facilities include wireless communications facilities and wireless communications towers as defined in § 11,01. (c) Essential Services. Overhead, aboveground or underground electrical, gas, steam or water transmission or distribution systems and structures of collection, communication, supply or disposal systems and structures used by public utilities or governmental departments or commissions or as are required for the protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewer pipes, conduits, cables, fire alarrn boxes, police call boxes and accessories in connection therewith but not including buildings. (d) Local Transit. Establishments primarily engaged in furnishing local and suburban passenger transportation, including taxicabs, passenger charter services, school buses, and terminals (including service 19 [Type text] facilities) for motor vehicle passenger transportation. (e) Railroad Trausportation. Establishments engaged in domestic freight and passenger transportation by rail, and including railroad yards, freight stations and switching yards. (12) Accessory Uses. (a) Bed and Breakfas . A private, owner -occupied residence that contains no more than five (5) guestrooms where lodging, with or without meals, is provided for compensation. (b) Dume.stic Pets. The keeping of small domestic animals, such as dogs, cats, birds, rodents, fish, and the like, not primarily for produce or value increase, but rather for show, sport, or as pets. (c) Family Day Care. A residence licensed by the Minnesota Department of Human Services in which no more than 10 children at any one time receive care, maintenance and supervision by someone other than their relatives or legal guardians for less than 24 hours per day. (d) Group family day care. A residence licensed by the Minnesota Department of Human Services in which at least 11 but not more than 14 children receive care, maintenance and supervision by someone other than their relatives or legal guardians for less than 24 hours per day. (e) Home Occupations, Any gainful occupation or profession engaged in by the occupant, only, of a dwelling when carried on within a dwelling unit or in an accessory building, provided that no signs other than those normally utilized in a residential district are present, no stock in trade is stored on the premises, that no over-the-counter retail sales are involved, and entrance to the home occupation is or can be gained from within the structure. Uses include professional office, hairdressing, or teaching limited to 3 students at any time, and similar uses. A home occupation shall not be interpreted to include barber shops, beauty shops, tourist homes, restaurants, disorderly house as defined by M.S. §609.33, Subd. 1, as it may be amended from time to time, or similar uses. No home occupation shall be pennitted that creates the need for more than 3 parking spaces at any given time in addition to the parking spaces required by the occupants. Home occupations shall not be carried on except between the hours of 7:00 a.m. and 10:00 p.m. (f) Kennel, Private. The keeping, breeding, raising, showing or training of 4 or more dogs over six months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective. (g) Merchandise Parties. Private parties held for the purpose of soliciting sales. Merchandise parties shall include but not be limited to Tupperware, Mary Kay, and Avon parties. (h) Stable, Private. The keeping, breeding, or raising of horse or ponies exclusively for the personal use and enjoyment of the owner or occupant of the property or the riding of horses or ponies by the owner or occupant of the property and their guests. (i) Solar Equipment. Any solar collector, skylight, or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, cooling, water heating, or for power generation. (j) Swimming Pools. Any permanently located pool, used for swimming and/or bathing which is over 24 inches in depth, or which has a surface area exceeding 150 square feet. (k) Temporal); Sales. Any isolated or occasional display and sale of used personal property or home -crafted items conducted on residential premises by the occupant of the residential property. Temporary sales shall include rummage sales, basement sales, yard sales, porch sales, craft sales, garage sales, and 20 [Type text] seasonal boutiques. (Ord. 2012-062, passed 9-18-2012) 21 ITEM: THE /-l7Y OF Planning Commission Date:11/23/2O15 Business Item Item: 4b PUBLIC HEARING: Consideration ofAmendments hnArticle [Xofthe ZoningOrdinonca—Ruos|Diotricts REQUESTED BY: Planning Department SUBMITTED BY: Stephen VVenumon.City Planner REVIEWED BY: Ben Sozo|a.Consulting Planner SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked toconsider text amendments Lmthe Zoning Ordinance to revise the permitted, interim and conditional uses for the City's rural districts (those portions of the City that will not beserved bythe sanitary sewer oynhem). The request intonpecifivaUy review and consider whether the following permitted uses and conditional uses belong in the rural Permitted and Conditional Uses, Rural Districts RT | A BR Residential District Uses Secondary dwelling P Cemetery P P Commercial Kennel C C C Commercial Stable - C Golf Course C Restricted Recreation C Agricultural Sales ! | | Business - FS - - RE - The land uses are defined inthe Cby'sCode anfollows: Secondary Dwelling, Aresidential dwelling unit, but not amanufactured home, located onthe name lot as a o/nO|n family dwelling unh, either within the principal structure, above m detached gaosge, or within e detached structure. Cemetery. Land used or intended to be used for the burial of the dead and dedicated for cemetery purpusoa, including co|umbodum'u, cnama1ohea, mauso|eums, and mortuaries when operated inconjunction with and within the boundaries ofsuch cemetery. Commercial Kennel. The boarding, breeding, raising, grooming or training of two or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises, and/or for commercial gain. Commercial Stable, The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and their non-paying guests. Included in this definition are riding academies. Golf Course. A tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. Included would be executive or par 3 golf courses, Specifically excluded are independent driving ranges or miniature golf facilities, which are classified asoutdoor recreation facilities. Restricted Recreation. Commercial recreation facilities that are of greater nuisance than conventional outdoor athletic facilities because of 1) the noise and traffic volumes they may generate, 2) the glare they produce, or 3) the potential danger they may create from flying objects or the use of weapons, This category includes such uses as amusement parks, racetracks (auto, Qo'nort, motorcycle) or ranges (skeet, r0o. or archery). Agricultural Sales Business. The natoi| sale offresh fruits, vegetables, flowers, herbs. 1rneu, or other agricultural, floricultural, or horticultural products. The operation may be indoor$ or outdoors, include pick -your -own or cut -your -own opportunities, and may involve the ancillary sale of items considered accessory to the agricultural products being sold or accessory sales of unprocessed foodstuffs; home processed food products such as jams, jellies, pickles, sauces; or baked goods and homemade handicrafts. The floor area devoted to the sale of accessory items shall not exceed 25% ofthe total floor area. Nocommercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold as accessory items. No activities other than the sale of goods as outlined above shall be allowed as part of the agricultural sales business. DEVELOPMENT STANDARDS: Within the City Code ofOrdinances, some uses have required standards. Restricted recreation in subject to the following additional standards: l. Location. The facility shall have access to a collector or higher classification street. A minimum oftwo entry points tosuch facility shall beprovided. Z. Site Plans. Site plans for such facilities shall indicate all proposed recreation areas and entertainment areas, sanitary facilities, storage areas, parking, circulation, estimated noise levels, and other information needed to assess the impacts of the proposed orientation on surrounding properties and road network. Conditions may be imposed to mitigate the potential impacts ofthe use. REVIEW: The permitted, interim and conditional uses in the table above are those that are the most intensive and have the potential for disrupting the quality of living, character and desirability of the rural zoning districts. The public hearing for the zoning text amendment that amended the permitted, interim and conditional uses in the rural districts was held on May 11, 2013, and at that time. there was |hdo discussion about the uses. The zoning text amendment following the May 11,2O13public hearing added cemeteries aso permitted use in the A and RR district, golf courses as a conditional use in the A district. The text amendment also broke kennels and stables into commercial and private, adding commercial kennels as a conditional use in the RT, A, and RR districts, and adding commercial stables as a conditional use in the A district, Restricted recreation appears to be a newer land use, not specifically found inprevious city code. 2 Cemeteries are considered a public/semi-public use subject to Articlel 3 of the city ordinances. They are a conditional use in the PF Zoning District with performance standards. There are lands zoned as PF within the city and if a public/semi-public use were proposed elsewhere, a comprehensive land use map amendment, rezoning, and a conditional use permit would be required. On October 12, 2016. Kyle K/att. the Community Development Director, requested that (he commission review the City's land use classifications across all zoning districts. The intent of the exercise was to ensure that allowed uses were consistent with the intent and purpose of the Comprehensive Plan. /t that meeting, the several uses presented above were discussed and iL was requested that a public hearing be held to review and discuss whether these above uses should be permitted or conditional or stricken from the individual zoning districts. The October 12. 2015 minutes refer (oAgricultural Sales Business rather than Agricultural Production. Staff provided public hearing notice for Agricultural Production. Staff has sent letter notification to the three properties that hold Interim Use Permits for Agricultural Sales 8uoinaoo as directed bythe City Attorney. The commission should consider whether the uses fit with: 1� The Purpose ofthe individual zoning districts; 2, The intent and purpose consistent with the Comprehensive Plan; 3' The likely impact of the uses on the individual rural zoning districts considering the typical lot sizes and densities ofthe neighborhoods; and 4. The site design and development standards. RECOMMENDATION: Staff recommends that the Planning Commission consider the existing uses and make a recommendation as to whether the uses should be permitted, interim or conditional or be stricken from the individual zoning districts. ORDER OFBUSINESS: Introduction ...... —...... ........... —.............. ----- - Report by staff ...... ----------------- Questions from the Commbsion................ ---- Open the Public Hearing --_._—.-------- Close the Public Heahng--------------- Call for amotion ..... --..------.--_---- Discussion of Commission on the mohon—... ....... � AodonbyUhePlanninQCommhmion------ ---. ATTACHMENTS (1): 1. Artio|eXUI—PuLdkcandGemi-PuNicDisthnts 2. Article 0(—Rural Districts 1 May 13.2O13Planning Commission Minutes Stephen VVennman.City Planner Stephen VVanaman.City Planner ~Chair & Commission Members -----__—_---.... --------------Chair Chair Facilitates -------.—ChuirFooUkatea ARTICLE XIII. PUBLIC AND SEMI-PUBLIC DISTRICTS § 154.600 PF — PUBLIC AND QUASI -PUBLIC OPEN SPACE. A. Purpose and Intent. The purpose and intent of the PF Zoning District is to allow uses and structures that are incidental and subordinate to the overall land uses permitted in the city. While allowing certain uses within the city, general performance standards have been established. This is intended to assure maintenance and preservation of the established rural character of the city by preserving agricultural land, woodlands, corridors, and other significant natural features, and provide buffering between PF and residential or other uses. B. Uses Allowed by Conditional Use Permit, In addition to the specific standards and criteria which may be cited below for respective uses, each application shall be evaluated based on the standards and criteria set forth in §§ 154.015 through 154.021 of this code, Uses allowed herein that are in existence within the city at the effective date of this chapter may continue the use as a permitted use. The following uses are conditionally permitted in the PF Zoning District: 1. Cemeteries, provided that: a. Direct access is provided to a public street classified by the Comprehensive Plan as major collector or arterial; and b. No mausoleum, crematorium, or other structure is permitted, except a 1-story tool or storage shed of 160 square feet floor maximum floor area. 2. Places ofl,vorship, provided that: a. Direct access is provided to a public street classified by the Comprehensive Plan as major collector or arterial; b. No use may exceed 235 gallons wastewater generation per day per net acre of land; c. No on -site sewer system shall be designed to handle more than 5,000 gallons per day; d. Exterior athletic fields shall not include spectator seating, public address facilities or lighting; and e. No freestanding broadcast or telecast antennas arc permitted. No broadcast dish or antenna shall extend more than 6 feet above or beyond the principal structure. 3. Facilities for local, county and state government, provided that; a. Direct access is provided to a public street classified by the Comprehensive Plan as major collector or arterial; b. The use and location is consistent with the community facilities element of the Comprehensive Plan; and X111-1 o. Nnuse may exceed uratio nf1OSAC units per 3.5acres orZJ5gallons per day per net acre of land based on design capacity of all facilities, whichever is more vosihxdvc 4. Libraries and museums (public and private), provided that: a. Nnuse may exceed aratio of3.0SAC units per 3.5acres or23jgu||onoper day per net acre of land based on design capacity of all facilities, whichever is more restrictive; b. For privatefbd|ides, mp|un is provided, toucUerwith o declaration and covenants to run with the title tn the |und, that prescribes perpetual maintenance, insurance and ownership responsibilities for all facilities and land area; and o. Direct access is provided to a public street classified by the Compruhcnsive Plan msomajor :nUecbrormrterioi 5. Public and private schools (except licensed day care).provided that: o. Nouse may exceed uratio o[l0SAC units per 3.5acres or235 gallons per day per net acre ofland based on design capacity ofall faoi|ihea, whichever is more restrictive; and h. Direct access iuprovided toapublic street classified hvthe Comprehensive Plan usam jorcoUcctorormrteriai 6. Historic sites and interpretive centers, provided that: a. Direct access is provided to upobOc street classified by the Comprehensive Plan as a major collector or arterial; and b. Nouse may exceed xratio ofl0SAC units per 3.5acres orZ]5gallons per day per net acre of land based on design capacity of all facilities, whichever is more. restrictive. C. [/scx,48owcd6vinterin UsxPm`nil. The keeping ofhorses in Conjunction with churches provided that: \. The keeping of horses does not constitute a feedlot per Minn. Ru|m. 2. The property isdirectly adjacent 1nonly A.gricu|turu|(&)and Rural Residential (RR)zoned properties that are not developed uyopen space preservation subdivisions. Roadways shall beconsidered aoadequate buffer. 3� Evidence is provided to show adherence to all livestock and horse regulations in city code. D. Accosxo/y U}exu/,d3tr//c/,res. Uses and otnUcturcn, which are clearly incidental and Subordinate tnthe principal pormit-tcduses and structures. Ni exterior materials o[ accessory structures must be the same as those ofthe principal structure. E. Minimum district requirements. 1. District requirements in Pl',' Zoning District. XlU'2 District Requirements in PF Zoning District With Structure Maximum Parcel Area 20 N.A. Lot Width — Minimum: 100 Feet N.A. Lot Depth — Minimum: 150 Fcct Primary Structure Setback from Property Line Front — Minimum: 50 Feet A. Side (Interior) — Minimum: 50 Feet Side (Corner) — Minimum: 50 Feet N.A. Rear Minimum: 50 Feet N.A. Accessory Structure Setback from Property Line Front — Minimum: 50 Feet 1N.A. Side (Interior) — Minimum: 50 Feet !N.A. Side (Corner) — Minimum: 50 Feet Rear — Minimum: 50 Feet N.A. Principal Structure Height - 50 Feel — Structure Side Walls Not N.A. Maximum to Exceed 3.5 feet Accessory Structure Height - 35 Feet— Structure Side Walls Not N.A. Maximum to Exceed 18 Feet Unoccupied Structure Above the Highest Point of the Roof 25 Feet Without Structure Septic Drainfield Regulations See §§51.002 through §§51.008 Sec §§51.002 through §§5I .008 Signage See §§154,212 See §§154.2I2 X111-3 Z. Maximum lot area. buffer width and impervious coverage shall be in compliance with the following table: Ma-vinnuxParcel Area 8uRerWidth (Frcd O to 5 murex 5] to 10ucoux |8.|{o2Uacres 50 |0O }50 MaximumImpervious Site F. Performance standards. |. Generally o. &rchiteCtura|8tandards i It is tile purpose and intent o[the city, hvthe adoption of the performance standards o[this division (F), to ensure commercial hoi|dinQyconstructed within the city are ufahigh quality vfexterior appearance, consistent with the terms oyNon-Residential Development Policy #Jo[the 2UOO'28|ULake Elmo Comprehensive Plan. [tiothe finding oftile city that mlimited selection u[primary exterior Surfacing materials meets this standard o[quality, ii. It is the further finding o[Lhccity that several specific exterior Surfacing materials are appropriate, and o[sufficient qoa|\ty.lobe utilized only auaccent materials in varying percentages. The variations nfpercentage o[specific accent materials relates Uow finding bvthe city uxUothe relative quality and rural character o[those respective accent materials. h. Architectural and Site Plan Submittals. New building proposals shall include architectural and site plans prepared by registered architect and shall show the following useminimum: i Elevations oFall sides oFthe buildings; ii Type and color o[exterior building materials; iii Typical general floor plans; iv. Dimensions o[all structures; and V. Location oftrash containers, heating, 000)in�and vcn/Ua\ion equipment and uyxtcmo. o. Applicability —Structure additions and renovation. i Additions \oexisting Siumk/reoresu|bn� in on increase floor area oytkextruciurcoflemothan |00%;and/or installation of replacement exterior surfacing any portion ofonexisting structure shall boexempt 0omthe standards of this subdivision where i1ia found that the new urreplacement exterior surfacing proposed is identical tothat ofthe existing structure. ii Where additions 1oun existing Structure rcso|1 in an increase in the gross floor area ofthe existing structure of\00Y6orgreater, the entire structure (existing structure and structure addition) shall bcsubject 10 the standard ofthis subdivision. d. Performance staxdurdo— primary exterior surfacing. i The primary exterior surfacin�ofs|ruCtuosshall be limited To natural brick, stone, or glass. Artificial or thin veneer brick or stone |cxs than nominal 4inches thick shall not qvn|i6/aocomplying with this performance standard ii. Primary exterior surface shall budefined uonot less than 70%o[the xumo[the area ofall exterior walls ofustructure nominally perpendicular tothe ground. All parapet o,mansard surfaces extending above the ceiling height o[the structure shall be considered exterior surface for the purposes of this division. Windows and glass doors shall be considered a primary surface, but the sum area ofthis glass shall be deducted from the wall area for purposes urthe 70% prinnun/3OY6accent formulas o[lhissection, Doors ofany type o[ material, except glass, shall not bcconsidered uprimary exterior surface. iii. Each wall ofthe structure yhuU be calculated separately and, individually comply with tht7O8O formula. o. PrifonoonceStoxubrd—£i/ei-inrJ)/r6,cingAccenor. Not more than 3O96of' the exterior wall surfacing. ordefined hydivision (P)(\)(d) above may heo[ the following listed accent materials, but no single accent material, except natural wood, may comprise more than ZOY& ofthe total u[u|| accent materials; and nocombustible materials shall beused: i Cedar, redwood, wood siding h. Comout fiber board; \ii 5tundingyeunn mc{u|; iv. Architectural metal; V. , 3�oco� vi Poured inplace concrete (excluding ^tik-uo" Pano(o); vii /\robikzioru| metal panels; and (Ann.Ord. 97-|7Z, puosmd6'2O-2U06) viii, Porcelain or ceramic tile. ){U|-5 [ Pmfbro/unce3orn(koz/ —Accesso(ySouxtuons. AU accessory structures xhu|| comply with the exterior Surfacing requirements specified by this division. 8ei�b/7llanCe Suindard—HV,4 C Uniism(I Exterior AppolrItenances.A|| exterior equipment, BV/\Cand trash/recycling and dock areas shall he screened from view ofthe public with the primary exterior materials used on the principal structure h.Performance 0an(Icir(I—Visible Roofing Materials, Any roofing materials that are visible from ground \cvc| ohuU be standing searn metal, fire -treated cedar shakes, ceramic tile, clay tile, concrete, orslate, i ilitn—New [ooxtrucioxn, The standards o[this division (F)()>shall be applicable to all struuoresund buildings constructed in the city, unand after the oft'enhvcdate ofthis division. The performance standards mfihiu division shall not be in any manner minimized bvsubsequent planned unit development plans cvagreement. 9. c. ], Parking. Each site shall beprovided with off-street automobile parking as follows: a. Places of Worship. One space for each permanent and temporary 4 seats based mnthe design capacity nfthe main assembly hall. Facilities osmay hc provided in conjunction with such buildings and uses shall be subject to additional requirements that are imposed by the city code, square feet ofoffice area. Facilities usmay bcprovided inConjunction vv)th such buildings and uses shall bcsubject toadditional requirements that are imposed by the city code. School, E/ xon/ug/unIJ)o//or/fimh/nm)hcur privu/e1 Three spaces for each class room. d. School, High School (public or 'vaG). One space for each 2 atudon& o. Historic Sites ooc/ivvCvvmrs,8buoies.o/,dmnsowx (public or /xiv«t«J. One space for each 300uquurc feet o{floor area. ]. Lo//dxc4nil�. All yard orcu shall either bnlandscaped green areas or open and left ixanatural state. Yards tobelandscaped shall hclandscaped attractively with lawn, trees, and shrubs in accordance with a plan prepared by a landscape architect. &rcny left ino natural state shall bukept free v[litter, debris, and noxious weeds. Yards adjoining ooyresidential zuooshall contain abuffer area consisting ofbermio�,landscaping, and/or fencing for the purpose of screening noise, si�hl, sound, and Q|uro. 4. Du&/ing. Where areas abut residential districts, u buffer area and setback ill compliance with this division (F) is required. The buOerrequirement shall be applicable toany interior parcel property line, and not applied toproperty [Hies abutting improved public streets. Nopub|ic/nrivutestreets cxdriveways, oroff- street purking facilities may be located in the buffer area. The buffer area shall be completely defined and designed, and approved hythe city prior tnall fiou|city approvals for construction on site. Prior to the issuance of building permit or cornmencement of an), improvements on site, the owner shall provide the city with m financial security for m minimum o[24 months unless ushorter term of security is specifically approved by the City Council, approved by the City Attorney, tuassure construction ofihc buffer area. All landscaping shall comply with 8 151.070. 5, Signage. All signs shall comply with § 151.121 ofthis Code, 6. l/rhuio/. All lighting shall comply +/iih0§ 150.035 through 150.038. 7. Traffic. All applications for obuilding permit responsive iothe requirements of this section shall include detailed rcpmt certified by uregiotnrod engineer, demonstrating the extent o[and quantitative impact onpublic roads from forecasted traffic mf the use, based oil lTEaverage daily and peak hour/event traffic. Forecasted tra[ficgeneration within the design capacity n[unimpacted public street, oadetermined hythe City Engineer, shall be the primary determinant for approval nfthe site pbu� (/\m.[)rd. 97'62, passed 9'5'2000;Aoo. On(. 97'192. passed 6'19'2007;&m. Qni.97'204` passed | 2'( l'2O07) XU|'7 ARTICLE IX. RURAL DISTRICTS § 154.400 PURPOSE The rural districts are established to provide guidance for existing rural development that is served primarily by on -site wastewater treatment facilities in Lake Elmo. The objectives of these districts are to preserve and enhance the quality of living in the existing rural areas, as well as regulate structures and uses which may affect the character or desirability of these areas. The rural districts and their purposes are as follows: A RT Rural Development Transitional District.The RT District is an interim holding zone that will regulate land uses within those portions of the City planned and staged for development that will connect to regional sewer service in accordance with the Comprehensive Plan. The future zoning classification for areas zoned RT and the timing for any zoning map amendments to rezone property in this district will be determined by the City Council upon the extension of public sanitary sewer and water services into these areas. In the meantime, agricultural and existing residential uses will he allowed to continue in addition to other uses that are consistent with the A and RR zoning districts. B. A Agricultural District. The A District will apply to agricultural or undeveloped areas in Lake Elmo, including any newly annexed areas. The purpose of the district is to allow for agricultural and other activities typically associated with agriculture, including non -farm dwellings at a density of 1 unit per 40 acres, Future residential development may occur at the aforementioned density or through the Open -Space Preservation Development process. These parcels are expected to be served by on -site wastewater treatment facilities. In addition, some limited agriculture -related businesses, such as wayside stands and outdoor recreation, are appropriate short-term or interim uses for this district. C. RR Rural Residential District. The RR District is established for lands that have existing small-scale agricultural activity, as well as single-family residential dwellings. Future residential development may occur at a density of 1 dwelling unit per 10 acres, or through the Open -Space Preservation Development process. These sites are expected to be served by on -site wastewater treatment facilities. Some limited agriculture -related businesses, such as wayside stands, are appropriate as interim uses for this district. D. RS Rural Single Family District, The RS District is established for lands that have already been platted as conventional residential subdivisions prior to the 2005 adoption of the Comprehensive Land Use Plan, This district provides an environment of predominantly single-family detached dwellings on moderately sized lots in areas that have typically not been provided with public sanitary sewer services. E. RE Residential Estate District. The purpose of the RE District is to allow for single- family detached dwellings on large lots. The large lots and setbacks provide for an open - space environment that is consistent with the rural character of Lake Elmo. Planned residential subdivisions are allowed on a minimum of 20 acres (nominal) with an average subdivision density of 3.33 acres per residential unit. Lot sizes should be adequate to provide for on -site wastewater treatment. (Ord. 2012-073, passed 3-19-2013) IX-1 8l54.4OlPERMITTED A_NDCONDlT}ONAL USES. Table 9-1 lists all permitted and conditional uses allowed in the rural districts. ^'P"' indicates permitted use, ~C" aconditional use ., and ~[' an iuthm use, Uses not so indicated ahuU he considered prohibited. Cross-references listed in the table under "Standards" indicate the location within this Ordinance nfspecific development standards that apply to the listed use. A. Combinations q Uyes. Principal and accessory uses may be combined on a single parcel. Table 9-1: Permitted and Conditional Uses, Rural Districts Residential Uses Household Living Single -Family Detached Dwelling Secondary dwelling Public and Civic Uses Cemetery RT A RR KS RE Standard p p p P p P 154.454A - 154.404.1) i ' l54�4O4� G Self Service Facility Commercial Kennel ' [ C i [ ! e) | i 154.404.1 Commercial Stable ! ' � [ b) ! | 1E4.404] d � | Z) Outdoor Recreation 4) Golf Course COutdoor Recreation Facility C ' 355 l07E Parks and Open Areas P P P P P ' Restricted Recreation [on ' ^ - —� / | ' Agricultural and Related Uses Agricultural Entertainment Business Agricultural Production | p | p p ' } Agricultural Sales Business | ' . Agricultural Services ' C [ . � Forestry Operations p Greenhouses, Non Retail | [ C C p p p Wayside Stand � Industrial and Extractive Uses Motor Freight and Warehousing ! / � |%-2 . / l54 ]lI 'Yi / |S l54�404A 154A54�D I51,4O4�G Table 9-1: Permitted and Conditional Uses, Rural Districts Accessory Uses Bed and Breakfast i Domestic Pets Family Day Care Home Occupation Kennel, Private Solar Equipment Stable, Private Swimming Pools, Hot Tubs, Etc. Temporary Sales Water -Oriented Accessory Structures Other Structures Typically Incidental and Oear|vSubordinate to Permitted Uses Commercial Wedding Ceremony Venue Open Space Preservation Development 'I� | | OP Development ' [ [ OP`4/tDeve|opment [ [ Notes to Rural Districts Table 9-1 �C!C.0 I55.1I1.[ �p P P p .P. /p PP. P |P155.11I.6 | i � /P P�P P 'P! l25�II1,A,b i C [ [ l�4.404| . _ ' P P ! P ! p P I55.111.1 , '— [ [ C ' ' l�404 . � . � . . . | / . � P p / p . p � P 155111J | P p � P ` P P � I55.I07,6 | �p'p P. p P. P P P P P | u Y4nn+\ghcu|tuno|Low Impact Use (see 154404.{}) Note: Standai-cls lislecl in Table 9-/um/isledb)� Ai-ficle'SeoiooandJubscctiom (Ord. 2012-073, passed 3-19-2013) 154.650 154700 8 154.402 LOT DIMENSIONS AND BUILDING BULK REQUIREMENTS, Lot area and setback requirements xbaU hnaxspecified io'Fable 9-2' Lot Dimension and 3cChuck Requirements. Table 9-2: Lot Dimension and Setback Requirements, Rural Districts RT Minimum ��Area _ Sing Family Detached Dwelling 20 A �= 40 kN RS RE lO' 1.5u 2.5* Minimum Lo�V0d��ed ` � Single Family Detached Dwelling 300 300 300 125 NAI Maximum Principal Structure Height (feet) 35 35 35 35 35 |X`3 Table 9-2: Lot Dimension and Setback Requirements, Rural Districts Maximum Impervious Coverage Minimum Principal Building Setbacks (feet) Front Yard Interior Side Yard Corner Side Yard g Rear Yard Minimum Accessory Building Setbacks (feet) Front Yard Interior Side Yard Corner Side Yard Rear Yard Minimum Agricultural Related Setbacks (Animal buildings, feedlots or manure storage sites) RT A RR RS RE 25% 15% 30 200 30 30 100 10 200 10 10 50 25 200 25 25 80 40 200 40 40 100 30 10 25 40 200 30 30 100 200 10 10 15 200 25 25 30 200.. 40 . . 10 15 Any Property Line 200 200 200 Any Existing Well or Residential Structure 50 50 50 _.. Any Body of Sea_...._ _ __, ___ ..___............_._.. . _.. _ .. sonal or Year-round Surface 200 200 200 Water Notes to Rural Districts Table 9-2 a. 1 dwelling unit per 40 acres applies to all non -farm dwellings. In additional to non -farm dwellings (1 per 40 acres), each farm is allowed one farm dwelling per farm. b. Nominal 40 acres: a 40-acre parcel not reduced by more than 1 0% due to road rights -of - way and survey variations, c. Nominal 10 acres: a 10-acre parcel not reduced by more than 10% and/or a 10-acre parcel located on a corner or abutting a street on 2 sides not reduced by more than 15% due to road rights -of -way and survey variations. d. The minimum lot size for lots served by public sanitary sewer shall be 24,000 square feet per residential unit. e. A minimum of 1.25 acres of land above the flood plain or free of any drainage easements is required. f. Lots must be configured to contain a circle with a diameter of250 feet minimum; the ratio (Alm length to width shall be a maximum of 3:1 — Flag lots are prohibited. IX-4 91 Corner properties: The side facade of a corner building adjoining a public streetshall maintain the front setback of the adjacent property fronting upon the same public street, or the required hnniyord scthuck, whichever is less. l[nn Structure exists on the adjacent property, the xothackshall heoxshown in the table. (0rd.2Ol2'073.passed ]-|9-2O|3) &l54.4L8DIMENSIONAL REQUIREMENTS AND PRESERVATION K)FOPEN SPACE. A. Lot Configuration, KKDistrict. All lots must hc rectangular in shape and any 2adjacent sites must have anaspect ratio not exceeding 4:|. (Ord. 2O|2'O73,passed 3'|9'2OlJ) § 154.404 SITE DESIGN AND DEVELOPMENT STANDARDS. Development o[land within the rural districts shall follow established standards for traffic circulation, |undscupedcyi�n' pvrking, signs and other considerations us specified in Articles 0 and 7.The following standards apply tospecific uses, and are organized bydistrict. A� JiS/a'/-n//ilxDetached Dwelling, All R/on/l>bxr/cm. All sin�|c'1ami|ydwcUh/gs shall be at |cuut twenty-four (24) feet in width, at least nine hundred sixty (960) sqomo feet in area, and be placed on apormaocnt foundation. 8. Septic Di-ainfisk/Reg ,&at/mqA'RR, undRSDbo-ic$.All lots must have o1least 2U.00O square h:e1 of land suitable for septic dru|nfie|dx and area sufficient for 2 acpuru10 and distinct drainfield sites. Placement of the second required drainfield between the trenches of the firstdrninfidd is prohibited. C. Septic DrainfieldRegulation, RE Disti-ict. All new subdivided lots shall have a minimum of'20,000 square feet of land to be dedicated for septic SyStC111 use and suitable far that use. This land may compromise Lip to2separate areas, each ofwhich ixcontiguous iotbc 125'aore building site orcontained within it, and each of which contains at least 10.000 contiguous square feet. Placement ofthe second required drainfio|d between the trenches of the OoidruinDo|d is prohibited, D. Seconoan/lh,xU/ncA1)is0icf.One nnn-/lanndwelling per each 40acres, n,part o[a dwelling oil u prorated boyis, not already containing farm ornon'[orm dvc\|ing, is permitted provided: l. The dwelling unit islocated oil oseparate parcel nfrecord in(he office ofthe County Recorder and/or County Auditor, which shall bcnileast |-|/2acres in size; 2� The parcel on which the dwelling unit is located must have at |eo* 125 |cet of frontage along upublic street, brrectangular in shape and nodimension to be greater than 3 times the other; and 3. The dwelling is separated by at least 300 feet from the nearest farm building. |X`5 E. Purki\gStanubnxs,4 RRund RSl}i*/icls. 3 space o[off-street parking required per dwelling unit. F. Parking Standards, RE District l. 2enclosed spaces minimum(2O0square feet minimum per xpuoc). 2. J exterior spaces within minimum setback ofjU feet from any property line. O. Non -Agricultural Low Impact Use, A.}7TDis0-icis.The City recognizes that allowing non-agriUlltural low impact uses, strictly controlled and regulated by Interim Use Permit, might allow a farmer or large property owner an economical use of his or her property that is zoned Agricultural, The following standards mayupp|y to these types o[uses. | All of the property o\vner's real estate that is contiguous to the non-agricultural |"w impact use muul be zoned Agricultural and remain so zoned while the conditional use permit iyior0eoL 2, The area where the non-agricultural low impact use is located xhuU he |cgoUy defined and approved by the city and is hereafter known as the ^'Mnu+\& }\rca." The Non'AgArea shall not exceed 4%nythe property owner's contiguous agricultural zone gross lot area. The building footprints and asphalt and concrete Surfaces within the Non-/\g Area shall not exceed |.5%nfthe property owner's contiguous agricultural zone gross lot area. Landscuping, berms, pnnds, gravel driveways, and other imynovomcots that Would othcrn\mcbcpermitted in the Agricultural zone may bclocated Outside o[the Non'AgArea. ]. Non-agricultural low impact uses shall only be allowed on aparcr| of nominal 4Oacres or larger. 4. Non-agricultural low impact uses shall not generate more than ] trips per day per acre of contiguous agriculturally zoned area, with the exception ofland with sole access to Hudson Boulevard that shall not generate more than O trips per day per acre. 5. Any uses under this section involving the Outside storage of vehicles, equipment, orgoods shall be located aminiMumo[2OO [ici from any public roadway or adjacent |oodonmcr's boundary, except that the setback Dnmthe 1'04 frontage road shall be not less than 50fccL /n addition. any Such Outside storage shall bc screened from view [iom adjacent property and the public roadway by berms and landscaping. A plan /brSoch screening shall be submitted with the application for the |n\crinu Use Permit which shall clearly demonstrate byview cross -sections that said screening will be effective immediately, and in all seasons, Degradation Of Such screening by loss of landscape materials, outdoor storage ofiterns that exceed the screened height orfor any other reason dm|\ be grounds for rescinding the outdoor storage portion ofthe Interim Use Permit. 6. Non-agricultural low impact uses may not generate more than 3.O SAC units per 3.5 acres or 235 gallons per day per net acre of land based upon design capacity of facilities, whichever is more restrictive. |X'6 7. The property owner shall maintain the remaining land or farm outside of the |UP Area in accordance with the permitted uses of the Agricultural zoning district and the required practices o[thc Soil and Water Conservation 0griuL. O. Rate and volunoo o[atncmwutcrrunoff must meet the requirements of the City's StovmwmU:rOrdiounou. 9. In the event that the property owner. or future property owner, initiates a Comprehensive Plan amendment and rezoning of any or all of the contiguous real estate 8umAgriculture toumore intensive use, the |o1cdm Use Permit shall icnninutc and all non'con(bnningobnctono shall he removed from the site within | year from the date ufthe City Counci[oadoption o[tile Comprehensive Plan amendment and rezoning, unless the City agrees otherwise, This section shal I not apply i[thuCity initiates rezoning uri[property owner is forced iotransfer h||c to any part ofthe contiguous real estate due toeminent domain. 10, All conditional use permits granted to a non-agriCUltural low impact shall be reviewed onunannual basis, and may bcrescinded, after u2'wcoknotice and a public hearing, if the Council finds that the public health, sufet� or welfare is jeopardized, 11. The standards for buildings or xkuu<urox. as listed in the minimum district requirements of the Agricultural Zone, shall not apply k>structures built prior io the effective date ofthis chapter. H. Uxmrvicodlo(s, BT, A' RRDis/ricu. All lots that are subdividcd without city smvor and public water service shall mcoJ the fhUowin��mdunds: ]. Lots, houses and Other Structures, driveways and any new streets shall be located in compliance with the comprehensive plan and any more detailed area plans for future roads, public water services, and drainage. 2. The Planning Commission may require esketch plan Showing how the entire tract uou|d be divided when city services become available. Lots and buildings shall be sited and streets shall be laid Out to facilitate futurnSubdivision. L C'n///morc/o/Kennol,Commercial Jiub/e.n/'Accessory Kennel orJiub/o.RIA.6.R Districts. The facility shall Occupy oSite at least ten (10) acres in size. Outdoor exercise areas shall be located at least 100 feet from adjacent properties-, landscaping or other screening may bcrequired. / Agricultural Services and Support, BT, A Districts i. /\ facility established after the effective date ofthis ordinance shall have direct access toucollector orhigher classification street. 2. &nappropriate transition area between the use and adjacent property may be required, to include landscaping, screening and other site improvements consistent with the character o[the neighborhood. 3. All processing of animal or dairy products shall take place within an enclosed /X-7 (Ord, 2012-073, passed 3-19-2013) § 154.405 ACCESSORY USES AND STRUCTURES. Accessory uses are listed in the Rural District Use Table as permitted or conditional accessory uses. Accessory uses and structures in the rural districts shall comply with the following standards and all other applicable regulations of this ordinance: A. Phasing. No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory. B. Incidental to Principal Use. The accessory use or structure shall be incidental to arid customarily associated with the principal use or structure served. C. Subordinate to Principal Use. The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served. D. Function. The accessory use or structure shall contribute to the comfort, convenience, or necessity of the occupants of the principal use or structure served. E. Location. The accessory use or structure shall be located on the same zoning lot as the principal use or structure. (Ord. 2012-073, passed 3-19-2013) § 154.406 ACCESSORY STRUCTURES, RURAL DISTRICTS A. Size and Number, The maximum number and size of accessory buildings permitted in rural zoning districts are outlined in Table 9-3: Table 9-3: Accessory Buildings, Rural Zonin Districts Maximum Structure No. of Size a (square feet) Permitted Bldgs Lot Size under 1 acre 1- 2 acres 2 — 5 acres 1,200b 1,200 1,300 5 — 10 acres 2,000 10 —15 acres 2,500 15 20 acres 3,000 20 — 40 acres 4,000 1 1 1 2 2 2 2 40+ acres Unregulated' Unregulated' Notes to Table 9-3 a. Maximum structure size accounts for the total maximum area allowed for all permitted accessory structures combined. 1X-8 b, The 1"200 square foot allowance is for the combined area ofthe attached and detached accessory structure orresidential garage, c To be allowed additional accessory buildings hc�ond1wn�ota| buildings, �h* buildings must bcagricultural hui|dingsuodefined in §|54.2\]orclearly serve onagricultural purpose inthe'ud�mcnCnfdheCiry, B. '4obt/ono/AxnossoqDoil/li<g, Allowances for additional accessory buildings in/\and RR zones may bnconsidered via ucondihuno| use prnniC C. Struclure Height, Rural Districts. No accessory building shall exceed twenty-two (22) feet in height nrthe height o[the principal siruoture, with the exception ofbuildings that are intended for farming or other agricultural use in thejudgment of the City. Building projections or features, suoh as chimneys, cupo|us, and similar decorations that do not exceed twenty-five (25) Fcd in height are permitted in mm| dis1hcts. D. 3)nc/orc Local/on. }7xro/I}iwrico. No detached garages orother accessory buildings shall be located nearer the hnni lot line than the principal building on that |o/, un|uoo. by Resolution ofihcCity Council, on exception is mudc{opermit x detached garage or accessory Structure nearer the front |o< line than the principal building, C� Exterior Design un(I Color. The exterior building materials, design and color ofaU accessory building orstructures shall besimilar lnorcompatible with the principal building, with the exception o[thcfollowing accessory building orstructures: |. Detached clomesticoteU farm animal buildings 2. Agricultural 5unn buildings 3. Pole buildings, nsdefined and regulated in§|542|4. 4. Gazebos i Swimming pools 6. Other Structures in which the required design is integral to the intended use, such auugreenhouse. F. Openings ov(II}ours. Garage doors and other openings shall not exceed fourteen (l4)feet in height for all accessory structures, with the exception of buildings that are intended for o farming orother agricultural usc in d,c judg/noo| u[the City. G, z4Vuched Gcirugges, Size, Attached garages must not exceed the kmiprio( size o[the principal building. (]rd.08'(04. oaysod]'|D-2Ol4) .« 54.999 8154.4U7 ACCESSORY USES, A, ExteriorSforage i17 ResidentialDistricls. All materials and equipment shall be stored within a building orbv fully screened so as not to be visible from adjoining properties, except for the following: JX'9 ]. Laundry drying 2. Construction and landscaping materials and equipment currently being used on the premises, Muto,io|u kept oil the premises for uperiod exceeding six (6) months shall be screened or stored Out Of VieNV of the primary street on which the house fronts. 3 Agricultural equipment and materials, if they are used or intended for use onthe premises. 4. Off-street parking and storage o[vehicles and accessory equipment, as regulated inArticle 5.Section 155.67. 5. Storage offirewood shall bekept u1least ten (10)feet hnmao),habitable Structure and screened from view from adjacent properties. 6. Outdoor parking B. 7e//8ro/n�ySo/es. Temporary su|vs, also known as yard or garage sales, are permitted in all residential districts, limited to two (2) per calendar year per residence, not to exceed four (4) days in length. (Ord.2Ol2'073,passed 3-)9-2O|3) 8l54.408ACCESSORY USES AND STRUCTURES NOT LISTED. Standards for accessory uses and structures that are permitted in all districts, or in all residential buildings in an), district, are listed in Article 7, Specific Development Standards. These include uses Such as family and group family day care, bed and breakfast facilities, and horne occupations, and structures such osswimming pools and solar equipment. (]rd.2012'07].passed ]-l9'20l3) IX-|O Business Item: Zoning Text Amendmen/—SignDrdinonce Johnson reviewed proposed changes to the City's sign code in anticipation of increased demand ofsignaQeassociated with »cweredgrowth inLake Elmo. Aanew use classifications conleto Lake Eli -no, the current Sign Ordinance does not adequately address all of the needs for future signage. Staff used amodel ordinance from the City ofMiddleton, VVi This made[ ordinance is comprehensive and addresses umultitude ofd|Meent sign types interms ofCurrent best practices. The ordinance is easier to navigate allowing for better administration, Johnson pointed out that overall the proposed ordinance isless restrictive than the existing ordinance. Some nfthe major differences include the following: • The existing ordinance does not address signa8eneeds for properties that have azero lot -line ornosetback. m The current ordinance exempts signs less than 6square feet. The new ordinance recognizes that some smaller signs doneed \obpregulated, ~ The existing ordinance created specific sign districts for 1-94 and the Village district, Staff feels that itismore appropriate toregulate signs through zoning oruse classification. ° The proposed ordinance also allows for electronic variable signs which are currently not allowed inthe existing ordinance. The proposed ordinance does not allow for any flashing orblinking lights however, • The ordinance will also he located in the Zoning Code (Chapter 154) instead of in the Building Code (Chapter I6l). The Planning Commission had a good discussion arid asked Johnson a multitude of questions, Johnson will conduct additional research to address these signage related questions, The Commission discussed sign location and sign projection, and asked ifaddress signs could 6e attached tofences. There was also adiscussion about sign illumination. Finally, the Planning Commission asked for additional images nrpictures of some ofthese signs toserve asexamples. Williams was interested in the light source for illuminated signs in the context of the City's dark skies ordinance, requiring the light source \oonly shine downward. Reeves was not as concerned about the direction of the light as about the glare to passing motorists and pedestrians and adjacent properties. Williams thought that for temporary window signs restricting to 30% of the window area was too restrictive aswell asthe awning size of3Ginches was too small. Johnson reminded the Commission that window signs did not require a permit, so it was important to come up with a number ofsome sort. The Commission felt that 4Oinches may bemore appropriate for awnings. Planner Johnson noted that he will complete additional research in the context of the existing awnings downtown. The Commission acknowledged that it is difficult tocome upwith asignoKeprovision that would address every scenario that could occur. |[ the Commission isinterested iobeing more restrictive in the Village, they may want to explore a comprehensive downtown signage district, Lake Elmo Planning Commission Minutes; 5-13-13 Johnson noted that this sionage district should not apply toHwy6given tile ddferen steetscapn,travel speeds and wide right-of-way. Tile Commission asked fo,svmeminor changes for menu signs, real estate signs and garage sale .signs, Reeves asked where monument signs for residential subdivisions fell in tile code. Planner Johnson said hewill look into how they should beaddressed. Tile Planning Commission directed the staff to hold the public hearing May 29'�, 2013, Business Item: Zoning Text Amendment — Administration and Enforcement Johnson reviewed the proposed revisions to the Zoning Ordinance that establish how the ordinance will boadministered, The proposed changes would replace sections 1S4.O1Ithrough 154.021. The following components were reviewed: ° Identifying the City Staff responsible for issuing permits, enforcing code, keeping records, processing applications and performing other administrative duties related to the Ordinance. • This ordinance describes the application and review process that now includes aunified list ofapplication requirements for each type ofpermit. ° There would beaunified public hearing review process. = The proposed ordinance describes all permits that are required under the Zoning 0rdinanceandisnecommend|n&anewcategorycaUcd"certi0cateofcompUance". w Staff also recommended that the Ordinance describe the design review process associated with the Lake Elmo Design Standards Manual. • The proposed Ordinance also describes the process for addressing enforcement. The Planning Commission had some clarifying questions regarding mailed notifications, grading permits, zoning amendments, and who fulfilled the role of zoning administrator, Johnson clarified these items. Williams suggested that for zoning amendments initiated internally, there should bea statement that if initiated internally, all of the submission requirements would be submitted or waived hythe Director ofPlanning. Haggard asked about revoking oCUP. She wanted tnknow how hard itbUzdoand ifbhas ever happened inLake Elmo. Johnson explained that 'it would have tobesomething pretty blatant and hwould require apublic hearing. |tbmore difficult tosuspend aCUP than alicense, such asamassage therapy license. Williams asked that the provisions regarding public hearing within the Planning Commission section bemade consistent with original public hearing section. The Planning Commission directed the staff to hold a public hearing May 2 91h 2013. Business Item: Zoning Text Amendment — Fence Ordinance Lake Elmo Planning Commission Minutes; 5-13-13 m/:':r,.IF ��[�l�� ^^^^~ �~^~^,^`/ City ofLake Elmo Planning Commission Meeting Minutes mfOctober 12,2015 Chairman Dodson called to order the meeting of the Lake Elmo Planning Commission at COMMISSIONERS PRESENT: Dodson, Dorschner, Fields, Haggard, Larson, Williams, Griffin and Krdnner COMMISSIONERS ABSENT: None STAFF PRESENT: Community Development Director K|attand Interim Administrator Schroeder Approve Agenda: The agenda was accepted as presented. Approve Minutes: September Z8,2O15 M/S/P: Will lams/Dorschner, move to approve minutes as presented, Vote: 7'0,nnodon carried unanimously. Zoning Ordinance Use Classification Review K|attstarted the discussion by stating that the City Council wanted to review the Cemetery use, and itwas agood time totake acomprehensive look atall uses. Staff isrecommending that the Planning Commission look atthe Cemetery use and that itnot beanallowed orconditional use inAGorRR, Staff isrecommending that the Cemetery use only be allowed as a conditional use in the Public Facility zone. Klatt stated that he hoped the Commission had time to review the chart and will bring forward items for discussion. K|at1explained the differences between allowed, conditional and interim uses. Kreirnerasked about the discretion ofapproving CUP's. Nattstated that itissomewhat difficult todeny those uses. There was ageneral discussion of[UP's. Williams asked why Public Facility and mixed use along 194 were not in the chart. K|at1 responded that mixed use along 194 is handled via a PUD overlay and the Public Facility has not been revised yet and isinadifferent table. LAe Elmo Planning Commission Minutes; 10-12-15 Z Haggard would like to see the changes from 2013 taken back out until such time as the public has achance tuweigh back in. K|attstated that itwould bedifficult tonotice people asitpotentially affects every property inthe City. Williams asked if itmight 6eagood idea todeal with the cemetery issue and then possibly schedule ovvorkshop. M/S/P: Dorschner/Griffin: move to recommend that a public hearing be scheduled to eliminate the cemetery use in AG and RR zones. Vote: 7-0, motion carried unanimously. Williams isagainst the motion aspresented. Hethinks that the definition can be changed and cemeteries could beallowed inalimited way. Fields agreed and asked ifit could bechanged Lobeconditional. K|ett stated that if 'it ismade conditional, itis subject toCouncil approval. M/S/P: Williams/Dodson: move to make a friendly amendment to change the definition of cemetery to read " Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, and mausoleums not over 8 feet in height". He would also like the use category tm be revised toconditional inAG and RR. Vote: 7-0, motion carried unanimously, after amendment. Yvette Oldendorff, 5418 Lake Elmo Ave, There is no public demand for a local cemetery. They circulated apetition and 147people signed who feel that acemetery isapoor use of property. Also, pnanother note, should there hCany o[these commercial uses such as commercial Kennels and commercial stables ina residential district? Saxe Roberts, there isnodemand for cemeteries. Cremations are onthe rise, There is 60Y6more land for cemeteries than isneeded. They are already allowed inthe public facility zone, Dodson withdrew his second toWilliams friendly amendment. Haggard decided to second the friendly amendment. Williams stated that there is already a provision in the code to allow it in public facility, sohedoesn't feel itneeds tnbeinAG&RR. M/S/P; Williams/Dodson: motion to amend his amendment to just change the definition of cemetery and leave the original motion to remove the use from AG and RR would stand. Vote: 7-0, motion carried unanimously. M/S/P: Dorschner/Dodson: motion to amend the amendment to strike "not to exceed 8 feet in height". Vote: 7-0, motion carried unanimously. Lake Elmo Planning Commission Minutes; 10-12'15 The complete action taken, including amendments, was tnrecommend that apublic hearing be scheduled to remove cemetery as an allowed use from AG & RR and to change the definition to: "Land used or intended to be used for the burial of the dead anddedicatedhzrcenorterypurposcs,indudinAco|unnbariunns,andnnausn|eunns" The Commission continued discussion regarding the use chart. Dodson asked about the manufactured home park use inMDR. The Commission had some discussion regarding this. There was some discussion regarding secondary dwellings and ifthose are located inthe most reasonable zones. M/S/P: Dorschner/Williams: move to make secondary dwelling an allowed use in RT, AG, RR, R5,RE, LDR,MDR, HDR@VM>, Vohs G'1,motion carried with Haggard voting no. Reason given was that she is not clear on the definition and the discussion of attached vs detached was not fully finalized. Schroeder stated that with this being the last meeting with Klatt and that the Commission might want to consider a deeper discussion once the new staff is on board. K4/S/P: Dorsch ner/FieWs: motion t0table this discussion until such time as new staff is available. Vote: 4-3, motion failed. Fields asked ifthere were any other areas that might heofurgency. Larson feels that the public assembly and religious institutions should bedealt with. M/S/P: Dodson/Haggard: motion to remove public assembly as a use from the Business Park Zoning. Vote: Jc0.motion carried unanimously Williams and Haggard would like to go through and highlight areas that others are concerned with sothat they can all bpthinking about them. Williams would like to look at agricultural sales, garden center and Building supply sales. Hethinks commercial vehicle repair should beallowed somewhere. Wondering why adult establishment }sallowed inBusiness Park. Williams thinks the drive through item should belooked atfurther, Motor Freight and Warehousing seems similar to commercial vehicle napair. Research and testing is only allowed in Business Park and he feels itshould beallowed inother business, 0P-a|twas removed from the comp plan and should also beremoved from the zoning code. Klatt stated that we currently don't have an industrial zone for more intense uses, and that might be something we might want to look atas we re -do the comp plan. Williams thought wemight want toconsider anindustrial park. Lake Elmo Planning Commission Minutes; 10-12-15 4 Haggard would like tolook atgroup home asause. NaMLstated that this issomething regulated by state law and it has to be allowed anywhere we a||ovv single family homes. Klatt stated that we may also need to add that use to the other residential zones as well. Haggard isconcerned about any commercial type uses inthe AG&RRzones. She isnot sure why agolf course would beallowed inLDR. Kreinne/vvou|d like to look at funeral homes in K4DR. He is not sure they belong there. Would like to discuss the greenhouses non -retail in RR and what it is we are allowing with solar equipment which ispermitted across the board. Williams brought upchanges for the definitions section. The Commission discussed those possible changes. Comprehensive Plan Update Discussion 0att started his discussion with a map south of 101" street showing the current land use map ofwhat went into the comprehensive plan. This map has changed a little bit as the alignment nfSmstreet has changed. Su'street was going tobethe dividing line between low density and more intense densities. It has been discussed to possibly eliminate the high density housing and possibly add a business park inthat spot. |twas also discussed to possibly change some of the medium density to either |ovv density orexpanding the commercial. Klatt presented an analysis of what these changes would be in regards to numbers. This would make the City very close bzwhat the Met Council islooking for. K|a\tislooking for feedback from the Met Council and also from the general public as this will impact property owners. K|att stated that he is focusing on 194 because of the moratorium. The Bus Rapid Transit line will also have animpact. There are certain standards for what needs todevelop around the transit stations. Klatt discussed what the opportunities are for development in the rural areas. It is limited bythe amount o[land that isavailable. The Commission should start thinking about what they want that area tolook like, what types ofdevelopments vvewant to allow and what size oflots should beallowed tosubdivide. Kreimer pointed out that this does not take into consideration what might happen with Tartan Park. |fitwas developed into residential units, that would beasignificant amount. Council Updates — September 1S,2D15Meeting 1. K|eisMinor Subdivision — Passed with anadditional condition that the assessments will need to be paid in full. Lake Elnio Planning Commission Minutes; 10-12-15 2. Halcyon Cemetery— Denied. Staff Updates Schroeder gave enupdate regarding staffing. There has been anew building inspector hired and anew truck will bepurchased orleased. The City Planner and Community Development jobs will be filled and there will be one admin position upgraded and another adnninposition will behired. Tartan Park has been sold, but the purchaser has not been made public knowledge yet. They will bring that back once b|sknown. 1. Upcoming Meetings a. October 26,2Ql5 b. November 9,2O15 Commission Concerns Williams stated that the Planning Connnn)G|nn members received a letter from the Bradley family asking to be removed from the moratorium restrictions. This property i» actually inphase Ill. Schroeder stated that they would actually have tocome forward and petition the City to be removed from the moratorium restrictions, so no action has been taken. Donchnerthanke6 Kyle for his service and isconcerned that wewill not have a City Planner VrCommunity Development Director. Nattstated that aspart ofthe transition Ben Gozo|awill beworking onprojects andthm[ityhasaskedhinntobeottheCityas much ashecan. Dodson also thanked Kyle for his service and professionalism with the Planning Commission. Nattstated that hehas enjoyed xvorkingvviththepresCntandpast Planning Commissions and appreciates all the hard work that people put into the volunteer position. Meeting adjourned otlO:3Opnn Respectfully submitted, Joan Ziprtrnan Planning Program Assistant Lake Elmo Planning Commission Minutes; 10-12-15 AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION Village Mixed Use Zoning discussion Justin Bloyer Clark Schroeder Clark Schroeder SUGGESTED ORDER OF BUSINESS: Introduction of Item Report/Presentation Questions from Council to Staff Public Input, if Appropriate__ Call for Motion Discussion Action on Motion DATE: 12/15/15 REGULAR ITEM #: 2.3 MOTION Staff Staff Mayor Facilitates ...... ................ ..... ..........„... ....... Mayor Facilitates Mayor & City Council Mayor & City Council Mayor Facilitates PUBLIC POLICY STATEMENT:NONE BACKGROUND AND STAFF REPORT: Council Member Bloyer has requested that the VMX ordinance be reviewed and discussed. RECOMMENDATION: Stall hare no recommendation ATTACHMENT(S): VMX ordinance no. 08-091 Proposed VMX District Boundary 10,44 Ditdmmer fee,i ,M41Myyt May ,4** ' -rgend nieral Village Area Lakes 0 2 Lake Elmo Watershed Districts Browns Creek South Washington Lake Elmo Boundary Valley Branch Shore and District Boundary ":4 Z X i`f*Ti 0 Oil 41I;1054 '41 VMX Zoning Area mem 444 44'41*** ,ettOStivi64.,.44, f 11.1 CITY ( )1' LAKE ELMO MAYOR AND COUNCIL COMMUN DATE: 12/15/15 REGULAR ITEM #: 25 MOTION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: Agenda Order- Council Reports Clark Schroeder Clark Schroeder Clark Schroeder SUGGESTED ORDER OF BUSINESS: CATION - Introduction of Item Staff Report/Presentation Staff 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 PUBLIC POLICY STATEMENT NO POLICY STATEMENT SUMMARY AND ACTION REOUESTED: ... Stair vconnnencls the City Council _ take the following action / with the following motion: Move to place Council Reports at the end of the agenda BACKGROUND AND STAFF REPORT: In conversation between the Bureau of Mediation Services (BMS) and the Interim City Administrator we are recommending to move Council Reports to the end of the agenda. In addition, council reports should be brief listing of meetings attended while representing the city as a Council Member without editorializing or comments. RECOMMENDATION: Interim City Administrator recommends: "Move to place Council Reports at the end of the agenda" T/|c CITY OF � /� �� D�� `� ��-� 8.��u`^u_� ��u_~�vay.� MAY0BAND COUNCIL CO DATE: RE GULAR ITEM #: 7/v MOTION Council Minutes detail Clark Schroeder Clark Schroeder Julie Johnson SUGGESTED ORDER OF BUSINESS: |2/|5/l5 CATION - Untrndociiouof[knn---------------------------------Sta[T - Repo rt/9,coontation............................................ ..................... ........... ........... ........ Staff - Questions fiomCouncil toStaff- ..... —......... —...................... ....... .... Mayor Facilitates - Public Input, U,Appropriate ........... ....................................................... Mayor Facilitates - Call for Motion ........... ..................................... —....................... Mayor & City Council - Dixoussknn...................... .............................................. —........... Mayor & City Council - Action oil Motion ....................................... .......................................... Mayor Facilitates PUBLIC POLICY STATEMENT fVHATLEVEL OF DEIAIL SHOULD THE CITY CLERIC PUT INTO THE MINUTES SUMMARY AND ACTION REQUESTED: The Interim City Administrator has noted a pattern of council members wishing toadd detailed verbiage to the minutes to reflect their thoughts and position concerning tile Subject at hand, It is not considered standard practice to detail out d(suuxxion in minutes for City Council mnc«tio�u. The xumb mar� of motion and the recording of tile vote thereof is at the discretion of the City Clerk. BACKGROUND AND STAFF REPORT: &coor8ix�{oThe K4inu0cTakers }{andbookfor Local Govennnuent Minutes provide an ongoing record of Council decisionsi. In particular, the minutes constitute a brief, but formal record of: - the Councils resolutions in relation to the business discussed at the meeting (i.e. the decisions made);'. - the action that is required to be undertaken by the Council's administration following the meeting (indeed.they form the legal basis for and authorise such eotion)�and ^ those present atameeting and the formalities that have occurred, For this reason disvital that the minutes are accurate and complete. Minutes also promote transparency inLocal Government decision making and for this reason, are frequently referred to by members of the public, |mportandy, minutes are not a transcript of the meeting. They must record certain procedural matters, what decisions were made and why, but need not and should not provide oword for word account of what has been said. According bothe LK8C Generally, the clerk has wide discretion axto how iokeep the minutes. /\ verbatim record o[everything that ' not normally required. However, in any case where the law or chat -ter requires a verbatim record, usinu a ta)( instead ofacourt reporter tVaccomplish that objective ioprobably valid. MinUteS should be written in hIll-Liage average people call Understand. Reference to numbers of ordinances, / and other matters Should include a brief description of their Subject matter. According tuanarticle in Minnesota Cities (Jan-Fob2U1%,p1S) State (avv requires meeting minutes, ata minimum, to include the following: the subject matter of a motion; the making and seconding a motion; the roll call vote on a motion; whether amotion was defeated oradopted; the character ofresolutions and ordinances, including a brief description of their subject matter; and the votes of each councilmember on each appropriation of money, except for the payments of judgments, claims, and amounts fixed by statute. The Office ofthe The State Auditor for Minnesota states the following. Beyond these statutory requirements, the decision regarding how elaborate or extensive the minutes should be is within a governing body's discretion. The amount of detail which is appropriate for inclusion in the minutes is likely to vary, depending on the nature of the proceedings and the subject matter involved. The minutes need not record the discussions of the members and others, or information relating to the process by which a decision is made. Moreover, the minutes should not be cluttered with unnecessary detail that could hamper efforts to review orotherwise use the minutes oLa later date. in addition, the minutes should never reflect the clerk's orsecretary's opinion on anything said or done. http://wwvvauditor.state.mn.us/o\hen/Statmments/meednRMinutes 0710 statemcnt.udf RECOMMENDATION The Interim City Administrator rounmuumeu8u that 00000J odaotcx provide a summary of proceedings and only errors be brougbt to the attention of the City Clerk. THE CITY OF I AKE E MO MAYOR AND COUNCIL COMMUNICATION DATE: REGULAR ITEM #: MOTION AGENDA ITEM: Draft Agreement for Library Services SUBMITTED BY: Mayor Pearson TIIROUGH: Julie Johnson, City Clerk REVIEWED BY: Mayor Pearson SUGGESTED ORDER OF BUSINESS: 12/15/2015 27 - Introductionof Item................,............. ............ . ....... . ..... . ...... ....... ........ Mayor - Report/Presentation............._ ....... ........... ..... .......... ................ Mayor Questions from Council to Staff................. ..... . ...... ..................... ...... Facilitates Public Input, if Appropriate ............. ....... ..... ....Mayor Facilitates - Call for Motion ...... .......... ....... ..... Mayor & City Council ......... . ..... .................. ....... .....Mayor & City Council Action on Motion .................. ....... .... ....... ..... ...Mayor Facilitates PUBLIC POLICY STATEMENT (IF APPLICABLE: Lake Elmo seeks to reestablish library services via the Washington county library system, commencing no later than 1/1/17. To that end, Lake E1mo would defer 2017 library levy decisions and collections to Washington County. BACKGROUND: Lake Elmo understands that any agreement will involve several discussions, with several parties, over several months. Some critical discussion points: It is Lake Elmo's expectation that library services would be provided uninterrupted, at Lake Elmo's existing library facility, located at 3537 Lake Elmo Ave. Lake Elmo understands that the county uses a data driven process to establish services and hours of operation at each of its facilities. We'd expect the same process to be used for the Lake Elmo Avenue facility, however the county will supplement it's own data with Lake Elmo data. As in any successful agreement between distinct parties, commitments are to be made. Lake Elmo commits to a 10 year release of its library levy, while the county commits to a 5 year commitment of a Lake Elmo library facility. The Lake Elmo facility maintenance costs and all reasonable facility improvement costs, shall be reimbursed to Lake Elmo by Washington County or covered directly by Washington County. Lake Elmo has a long history of volunteerism and while we recognize data privacy concerns must be provided for, maintaining those volunteer opportunities are paramount to any collaborative agreement. RECOMMENDATION: "Move that the Lake Elmo city council directs this draft agreement be sent to the Lake Elmo Library Board in order that the board will offer the Council input that aligns with the LELB's mission statement:"the mission of the LELB is to enhance access to library services, inforination and resources for Lake Elmo residents" The council expects this motion to come before it again at its 1/19/2016 meeting.