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HomeMy WebLinkAbout12-15-15 City Council Packet 1 of 3 NOTICE OF MEETING City Council Meeting Tuesday, December 15, 2015 7:00 P.M. City of Lake Elmo | 3800 Laverne Avenue North Agenda A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Council Reports D. Presentations/Public Comments/Inquiries E. Consent Agenda 1. Approve Payment of Disbursements 2. Authorize Certification to the Washington County Auditor – Unpaid Water Utility Bills – Resolution 2015-86 3. Accept November 2015 Financial Statements 4. Approve 2016 Liquor License Renewals: Prom Management & Elmo Liquor 5. Accept November 2015 Assessor Report 6. Accept November 2015 Building Department Report 7. Approve Driveway Encroachment and Maintenance Agreement 8. Approve Eagle Point Boulevard Street Improvements – Pay Request No. 4 9. Approve CUP Amendment for Oakdale Gun Club 10. Approve 3M Tolling Agreement 11. Approve Office Administrative Assistant Hiring 12. Approve Public Works Hirings 13. Approve Reider Preliminary Plat Extension 14. Approve Joint Powers Agreement for Use of East Metro Public Safety Training Facility F. Regular Agenda 15. Single Fire Station 16. Northland Securities – Approve Proforma Services 17. Cost of Service Study for Water and Sanitary Sewer Utilities – Approve Authorization for TKDA 18. Proposal to Reduce Water Rates 19. Transfer Electrical Permit Inspecting to the State of MN 20. Approve 2016 Fee Schedule 21. Decrease in Letter of Credit Policy a. Boulder Ponds – Approve Reduction of Security b. Hunters Crossing – Approve Reduction of Security c. Wildflower of Lake Elmo – Approve Reduction of Security d. Hunters Crossing 2nd Addition – Approve Security Reduction #1 22. Ordinance Amendments to Article IX of the Zoning Ordinance – Rural Districts as it pertains to Permitted, Conditional, and Interim Uses 23. Village Mixed Use Zoning Discussion 24. Council Ethics, Rules & Responsibilities (no memo) 25. Order of Agenda Items: Council Reports 26. Discussion of Meeting Minutes Content 27. Draft Agreement for Library Services 28. Purchase of Public Works Truck G. Staff Reports and Announcements H. Adjourn Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: December 15, 2015 CONSENT ITEM #1 MOTION AGENDA ITEM: Approve Disbursements in the amount of $261,159.85 SUBMITTED BY: Patty Baker, Accountant THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Cathy Bendel, Finance Director 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 POLICY RECOMMENDER: Finance FISCAL IMPACT: $261,159.85 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $261,159.85. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA City Council Meeting [Consent Agenda Item #1] December 15, 2015 -- page 2 -- BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal 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 $ 5,831.77 Payroll Retirement to PERA 12/10/15 DD6826-DD6873 $ 38,396.70 Payroll Dated (Direct Deposits) 12/10/15 43679-43683 $ 9,958.32 Payroll Dated (Checks) 12/10/15 43684-43736 $ 191,724.66 Accounts Payable 12/15/15 TOTAL $ 261,159.85 RECOMMENDATION: 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: 1. Accounts Payable – check registers MAYOR & COUNCIL COMMUNICATION -- page 1 -- 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 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: 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 Consent 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 City Council Meeting [Consent Agenda Item 2] December 15, 2015 -- page 2 -- 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 Resolution 2015-086 1 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, permits 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: 1. 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. 3. 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: __________________________ Mike Pearson Mayor (Seal) ________________________________ Julie Johnson, City Clerk City of Lake Elmo EXHIBIT A Potential Water Assessments 12/15/2015 Outstanding as of 12/11/15 Potential to be Account Balance Fee Assessed PID 01-00000121-00-5 159.73 25.00 184.73 13.029.21.32.0039 01-00000122-00-6 515.84 41.27 557.11 13.029.21.32.004001-00000153-00-6 280.89 25.00 305.89 14.029.21.41.0012 01-00000158-00-1 342.79 27.42 370.21 14.029.21.41.0016 01-00000189-00-1 559.05 44.72 603.77 13.029.21.43.000701-00000193-00-8 211.57 25.00 236.57 13.029.21.43.0010 01-00000197-00-2 728.82 58.31 787.13 13.029.21.32.0081 01-00000213-00-1 112.64 25.00 137.64 13.029.21.23.002701-00000228-00-9 665.56 53.24 718.80 14.029.21.44.0010 01-00000229-00-0 105.99 25.00 130.99 13.029.21.33.0022 01-00000244-00-1 201.34 25.00 226.34 14.029.21.41.002701-00000247-00-4 1,334.04 106.72 1,440.76 14.029.21.44.0020 01-00000271-00-7 374.22 29.94 404.16 05.029.21.44.001601-00000276-00-2 348.38 27.87 376.25 10.029.21.24.0008 01-00000316-00-1 162.22 25.00 187.22 24.029.21.12.0030 01-00000320-00-8 245.01 25.00 270.01 24.029.21.14.000901-00000322-00-0 203.71 25.00 228.71 24.029.21.14.0008 01-00000340-00-4 163.80 25.00 188.80 24.029.21.11.0017 01-00000430-00-8 123.82 25.00 148.82 16.029.21.41.003101-00000521-00-3 423.78 33.90 457.68 15.029.21.32.0022 01-00000524-00-6 53.00 25.00 78.00 15.029.21.32.0013 01-00000576-00-3 251.75 25.00 276.75 15.029.21.31.001101-00000603-00-6 281.94 25.00 306.94 16.029.21.41.0012 01-00000843-00-2 418.33 33.47 451.80 12.029.21.42.0017 01-00000845-00-4 164.29 25.00 189.29 12.029.21.41.0019 01-00000849-00-8 330.49 26.44 356.93 12.029.21.42.0019 01-00000861-00-6 737.81 59.02 796.83 12.029.21.42.003101-00000878-00-6 451.40 36.11 487.51 12.029.21.43.0018 01-00000932-00-5 484.27 38.74 523.01 06.029.20.32.0044 01-00000970-00-5 368.24 29.46 397.70 06.029.20.32.006701-00001325-00-2 1,112.96 89.04 1,202.00 01.029.21.11.0017 01-00001451-00-4 439.32 35.15 474.47 02.029.21.14.0011 01-00003181-00-0 510.71 40.86 551.57 01.029.21.14.000404-00000013-00-0 179.33 25.00 204.33 15.029.21.34.0002 04-00000019-00-6 247.50 25.00 272.50 15.029.21.33.0040 04-00000027-00-7 96.78 25.00 121.78 15.029.21.33.0012 04-00000071-00-6 101.72 25.00 126.72 22.029.21.22.0012 04-00000123-00-0 138.18 25.00 163.18 21.029.21.12.000904-00000127-00-4 96.99 25.00 121.99 21.029.21.12.0011 04-00000171-00-3 162.16 25.00 187.16 21.029.21.12.0001 04-00000175-00-7 249.18 25.00 274.18 21.029.21.12.002204-00000213-00-4 386.05 30.88 416.93 21.029.21.23.0006 04-00000215-00-6 152.50 25.00 177.50 21.029.21.23.0007 14,678.10 1,442.56 16,120.66 MAYOR & COUNCIL COMMUNICATION -- page 1 -- 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 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 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. City Council Meeting [Consent Agenda Item #3] December 15, 2015 -- page 2 -- GENERAL FUND: Revenues: Total revenue for the month was 25.7% 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 summarizes 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: City Council Meeting [Consent Agenda Item #3] December 15, 2015 -- page 3 -- 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 MAYOR & COUNCIL COMMUNICATION -- page 1 -- 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 Sheriff’s Office (Pending) SUGGESTED ORDER OF BUSINESS: - Introduction of Item ..................................................................................... Staff - Report/Presentation…………………………………………………………Staff - 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: License application revenue of $2,100 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: City Council Meeting [Consent Agenda Item 4] December 1, 2015 -- page 2 -- • 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 Sheriff’s 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 all liquor 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.” MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: December 15, 2015 CONSENT ITEM #5 AGENDA ITEM: Monthly Assessor Report SUBMITTED BY: Dan Raboin, City Assessor THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Cathy Bendel, Finance Director 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 REQUESTED: 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 permit reviews – 28 Pictures taken – 76 Other work performed included: • Monthly meeting with County residential and commercial supervisors • Input of all inspection and permit work City Council Meeting [Consent Agenda Item #5] December 15, 2015 -- page 2 -- • 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. MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: December 15, 2015 CONSENT ITEM 6 MOTION AGENDA ITEM: New Single Family Home Permit Report SUBMITTED BY: Rick Chase, Building Official THROUGH: Rick Chase, Building Official REVIEWED BY: Clark Schroeder, City Administrator 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 REQUESTED: 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: 2015 2014 2013 New Homes 125 30 32 Total valuation $40,756,287 $15,902,815 $14,603,169 Average home value 326,050 530,093 456,349 Total Valuation YTD 45,927,444 26,098,162 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 building permit report. MAYOR & COUNCIL COMMUNICATION -- page 1 -- 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 removed from consent agenda): - Introduction of Item ..................................................................................... Staff - Report/Presentation………………………................................................Staff - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECCOMENDER: Staff recommends that the City Council approve the Driveway Encroachment and Maintenance agreement for Jeerasak Poophakumanart at PID #24.029.21.13.0004. FISCAL IMPACT: None SUMMARY AND ACTION REQUESTED: 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 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: City Council Meeting [Consent Agenda Item] December 15, 2015 -- page 2 -- “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.” 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 encroachment 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 aforementioned, Staff is 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.” MAYOR AND COUNCIL COMMUNICATION DATE: 12/15/2015 REGULAR ITEM #: 9 MOTION AGENDA ITEM: Oakdale Gun Club Conditional Use Permit Amendment SUBMITTED BY: Stephen Wensman THROUGH: Clark Schroeder REVIEWED BY: Joan Ziertman SUGGESTED ORDER OF BUSINESS: - 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 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 limiting 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 ½ 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 shooting ranges on the Oakdale Gun Club site.” ATTACHMENT(S): • Resolution 2015-__ to approve the Oakdale Gun Club Conditional Use Permit Amendment • Planning Commission packet of 11/23/15 • Planning Commission minutes of 11/23/15 • 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 15th day of December 2015 by the City Council of the City of Lake Elmo, Minnesota. __________________________________ Mike Pearson, Mayor ATTEST: ________________________________ Julie Johnson, City Clerk Planning Commission Date: 11/23/2015 Item: 4a ITEM: PUBLIC HEARING: Conditional Use Permit Amendment to add two trap shooting shelters to the overall site. REQUESTED BY: Planning Department SUBMITTED BY: Stephen Wensman, City Planner REVIEWED BY: Ben Gozola, 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 report. GENERAL INFORMATION Applicant and Property Owner: Oakdale Gun Club 10386 10th Street North, Lake Emo Location: The SE ¼ of SW1/4 of Section 26, Township 29 north of range 21 west. Property Identification Number (PID): 26-029-21-34-0001 Lot Size: 40 acres (active gun range property) Request: Application for a Conditional Use Permit Amendment to add two trap shooting shelters to the overall site. Existing Land Use and Zoning: Restricted Recreation - Agriculture Surrounding Land Use and Zoning: The Lake Elmo Regional Park is located to the north and Rural Residential to the west, east and south. Comprehensive Plan: Public/Park History: The Oakdale Gun Club has been in operation continuously on its present site since 1964. The Gun Club is presently operating under an existing Condition Use Permit (88-5). The land use is considered restricted recreation by definition which is a conditional use in the Agriculture Zoning District. The Gun Club has amended its permit from time to time and would like to amend its permit to add two trap shooting shelters to their site. Deadline for Action: Application Complete – October 23, 2015 60 Day Deadline – December 14, 2015 Extension Letter Mailed – No 120 Day Deadline – N/A 2 Applicable Regulations: Section 154.106 Conditional Use Permits. Section 154.401 Permitted and Conditional Uses. Section 154.306 Standards for Outdoor Recreation. PROPERTY INFORMATION: The Oakdale Gun Club has been in operation continuously on its present site since 1964, which predates the City’s current Zoning Ordinance. The City’s file on this property goes back to at least 1965; however, for the purposes of the present review, Staff will be focusing on actions taken by the City since 1982. It was at this point in time that the City of Lake Elmo conducted a more thorough review of the Gun Club operations, and it appears that this is when the current conditions of operation were adopted by the 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 to the City Council each year. Since 1997, it does 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 in the mid 1980’s, the City Council adopted a resolution that specified the conditions of approval for the Gun Club. After 1988, subsequent reviews and amendments to the 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 of the Gun Club. A summary of the more recent C.U.P. amendments for the Gun Club is as follows: • 1998 (Resolution 95-58) New caretaker residence, accessory garage, and accessory storage structure. • 2002 (Resolution not in file) Noise abatement cover for 25 ft. range. • 2005 (Resolution No. 2005-111) Storage structure addition. • 2006 (Resolution No. 2006-145) New storage building. • 2008 (Withdrawn by Applicant) Construction of a building shell over an existing range/expansion of operations building. • 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 of the facility beyond target practice includes training and other educational programs. The property owned by the club is divided into two larger tracts. The 22-acre eastern 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. A Conditional Use Permit was first established for the use in 1988. 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. 3 The Oakdale Gun Club is a not-for-profit outdoor recreational shooting range. The club presently has one employee. The hours of operation are 8 AM to ½ hour before sunset, 7 days of the week as defined in the existing Conditional Use Permit. The purpose of the Gun Club’s request is to amend the Conditional Use Permit to allow the construction of two 8 ft. x 8 ft. trap machine shelters and associated concrete shooter’s stations (sidewalks) on a section of the club’s existing range facility. There has been an unprecedented demand for clay target (trap) shooting from Minnesota high school students. Trap shooting is a new 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 MnDNR has established a grant program to assist 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 at the Gun Club to members and the general public. Proposed use of the new trap machines would be as follows: o Use by school teams for approximately ten weeks in the spring from the end of March to early June. o Potentially use in the fall for approximately six weeks; and o Available for high school matches on weekends. • The trap ranges would shut down ½ hour before sunset on days when in use. • All modification would take place on the Gun Club’s property and would not be visible from off of the property. • The Valley Branch Watershed District has reviewed the proposal and has determined there is no impact to the watershed. • The new trap machines would be located in an area currently used for air gun competition (see aerial photo), which was used once per month. • Clay targets fall area would be directly adjacent to 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 in the fall, some weekends for high school matches. The ranges are displacing the air gun competition area. There is no immediate plans to replace the air gun competition area. When in use, there will only be one gun being shot at any one time. Noise could be mitigated by conditions to ensure use of the additional ranges be limited to the proposed afterschool hours, and during the spring and fall seasons and weekends as noted 4 TRAFFIC: The Gun Club has adequate parking area to accommodate the proposed use. 10th Street is a collector road. The increased traffic will be negligible. CONDITIONAL USE PERMIT REVIEW CRITERIA: Reviewing this request requires that all general CUP criteria be examined. For these types of applications, the burden is on the City to show why the use should not be permitted due to impacts that cannot be controlled by reasonable conditions. 1. Effects on the health, safety, morals, convenience, or general welfare of surrounding lands. In the early 1980’s, the City of Lake Elmo conducted an extensive review of the Oakdale Gun Club and developed a list of conditions that have been applied to this day to the present day. As part of the 2008 permit request Staff visited the site and found that the club was operating in accordance with the City’s requirements at that time. One of the key factors that Staff recommends that the Planning Commission consider as part of its review is whether or not 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 by air gun competition and is adjacent 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 at any one time. Staff finds that there will be no significant increase in noise or any other effect and that this criterion is satisfied. 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 is met. 3. Effects on utility and school capacities. There will be no changes to the utilities already established for the site. Staff finds this criterion is met. 4. Effect on property 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 is for an amendment to a C.U.P. and not a new use, the Planning Commission should consider the potential impacts associated with this change and not the overall impacts of the 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 is satisfied as well. 5. Effect of the proposed use on the Comprehensive Plan. The property at 10386 North 10th 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 a use to be conditionally permitted on this site. Staff finds this criterion is met. 5 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 3rd trap range use shall be limited as follows in any given calendar year: a. January 1st through March 14th – no use authorized. b. March 15th through June 15th – Both ranges may be used, but hours of operation shall be limited to 3PM to 1/2 hour before sunset; c. June 16th through August 31st – no use authorized. d. September 1st through November 30th – Use shall be limited to high school teams and high school competitions. The Gun Club may designate a six week period during this timeframe when both trap ranges will be available for practice and competitions. Additionally, both ranges can be used on weekends for matches during business hours e. December 1st through December 31st – no use authorized. ORDER OF BUSINESS: - Introduction ................................................................ Stephen Wensman, City Planner - Report by staff ............................................................ Stephen Wensman, City Planner - Questions from the Commission ....................................Chair & Commission Members - Open the Public Hearing ........................................................................................ Chair - Close the Public Hearing ....................................................................................... Chair - Call for a motion .................................................................................... Chair Facilitates - Discussion of Commission on the motion ............................................. Chair Facilitates - Action by the Planning Commission ..............................Chair & Commission Members ATTACHMENTS: 1. Proposed Trap Field Modification Drawing. 2. Statement for Amendment to Existing Conditional Use Permit. 1 MINNESOTA STATUTES 2015 87A.03 Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. CHAPTER 87A SHOOTING RANGES 87A.01 DEFINITIONS. 87A.02 SHOOTING RANGE PERFORMANCESTANDARDS; BEST PRACTICES. 87A.03 COMPLIANT RANGES; AUTHORIZEDACTIVITIES. 87A.04 MITIGATION AREA. 87A.05 NOISE STANDARDS. 87A.06 NUISANCE ACTIONS; COMPLIANCEWITH SHOOTING RANGE PERFORMANCESTANDARDS. 87A.07 CLOSURE OF SHOOTING RANGES. 87A.08 APPLICABILITY OF OTHER LAWS. 87A.09 PUBLIC SHOOTING RANGES; ACCESSIBILITY. 87A.10 SHOOTING SPORTS FACILITY GRANTS. 87A.001 MS 2006 [Renumbered 15.001] 87A.01 DEFINITIONS. 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 1; 2012 c 277 art 1 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 practicesfor shooting range performance standards. History: 2005 c 105 s 2; 2012 c 277 art 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 performancestandards: (1) operate the range and conduct activities involving the discharge of firearms; 87A.03 MINNESOTA STATUTES 2015 2 Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. (2) expand or increase its membership or opportunities for public participation related to the primaryactivity 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 localunit 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 conductadditional 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, elevatorsafety, 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 beengranted 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 beapproved 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 4 3 MINNESOTA STATUTES 2015 87A.08 Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 87A.05 NOISE STANDARDS. Allowable noise levels for the operation of a shooting range are the levels determined by replacing the steady state noise L10 and L50 state standards for each period of time within each noise area's classification with a single Leq(h) standard for impulsive noise that is two dBA lower than that of the L10 level for steady state noise. The noise level shall be measured outside of the range property at the location of thereceiver'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 of sound energy as the time varying sound level for a 60-minute time period. History: 2005 c 105 s 5 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 prohibitother actions. History: 2005 c 105 s 6 87A.07 CLOSURE OF SHOOTING RANGES. Subdivision 1. Closure. Except as otherwise provided in sections 87A.01 to 87A.08, a shooting range that is in compliance with shooting range performance standards and the requirements of sections 87A.01to 87A.08 shall not be forced to permanently close or permanently cease any activity related to the primary use of the shooting range unless the range or activity is found to be a clear and immediate safety hazard by a court of competent jurisdiction. In any action brought to compel the permanent closure of any range in compliance with shooting range performance standards and this chapter, or to permanently cease any activity related to the primary use of the shooting range, there is a rebuttable presumption that the range oractivity is not a clear and immediate safety hazard. If the shooting range provides evidence that the cause of a proven safety hazard can be mitigated so as to eliminate the safety hazard, the court shall not order the permanent closure of the range, or permanent ceasing of the activity found to be a clear and immediate safety hazard, unless the range operator fails to implement the necessary mitigation to remove the safety hazard by the date that is determined reasonable by the court. Subd. 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 an alleged clear and immediate safety hazard, pendingthe final determination of the existence of the safety hazard. Subd. 3. Permanent injunctions. A court may grant a permanent injunction only against a particular activity or person instead of permanently closing the range unless the court finds that the remaining op- erations also pose a safety hazard under this section. History: 2005 c 105 s 7 87A.08 APPLICABILITY OF OTHER LAWS. Subdivision 1. Public safety laws; zoning. (a) Nothing in this chapter prohibits enforcement of any federal law. To the extent consistent with this chapter, other state laws regarding the health, safety, and 87A.08 MINNESOTA STATUTES 2015 4 Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. welfare of the public may be enforced. To the extent consistent with this chapter, a local unit of governmentwith zoning authority jurisdiction over a shooting range may enforce its applicable ordinances and permits. Nothing in this chapter shall supersede more restrictive regulation of days and hours of operation imposed by the terms and conditions of ordinances and permits that are in effect on May 28, 2005. (b) If the 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 therange operator fails to bring the range into compliance with the applicable law, ordinance, or permit under this section by the date that the court determines reasonable. Nothing in this section prohibits a court from granting a preliminary injunction against any activity determined to be a violation of a law, ordinance, or permit under this section or against any individual determined to be causing an alleged violation, pending the final determination of the existence of the violation. Subd. 2. Permanent injunctions. A court may grant a permanent injunction only against a particular activity or person instead of permanently closing the range unless the court finds that the remaining op- erations also create a violation under this section. History: 2005 c 105 s 8 87A.09 PUBLIC SHOOTING RANGES; ACCESSIBILITY. (a) A publicly owned or managed shooting range located in the seven-county metropolitan area that is funded in whole or part with public funds must be available at least twice during the spring and twice during the summer for use by participants in a Minnesota Department of Natural Resources firearms safety instruction course under section 97B.015. The shooting range must be available during hours reasonable for youth participants. The range operator may charge a fee to cover any costs directly incurred from userequired under this section, but may not charge a fee to offset costs for general maintenance and operation of the facility. (b) This section does not apply to cities of the first class or a shooting range located on the same premises as a correctional or detention facility that holds or incarcerates offenders. History: 2012 c 277 art 1 s 18 87A.10 SHOOTING SPORTS FACILITY GRANTS. The commissioner of natural resources shall administer a program to provide cost-share grants to local recreational shooting clubs or local units of government for up to 50 percent of the costs of developing or rehabilitating shooting sports facilities for public use. A facility rehabilitated or developed with a grant under this section must be open to the general public at reasonable times and for a reasonable fee on a walk-inbasis. The commissioner shall give preference to projects that will provide the most opportunities for youth. History: 2014 c 290 s 13; 2014 c 312 art 13 s 18; 1Sp2015 c 4 art 4 s 40 MAYOR & COUNCIL COMMUNICATION -- page 1 -- 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 SUGGESTED ORDER OF BUSINESS if removed from Consent: - 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 Attorney SUMMARY AND ACTION REQUESTED: The attached agreement would toll the statute of limitations on claims related to 3M’s alleged disposal of PFC containing wastes to April 1, 2016. RECOMMENDATION: If pulled from consent agenda, motion should be: “Motion to approve the Fourth Amended Tolling Agreement between the City of Lake Elmo and 3M Company.” MAYOR & COUNCIL COMMUNICATION -- page 1 -- 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 REQUESTED: 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.” MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: December 15th, 2015 CONSENT ITEM #12 MOTION AGENDA ITEM: FTE Hires for Public 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 .............................................................. 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: Public Works Superintendant FISCAL IMPACT: Base salary rate of $20/hr; total addition cost of approximately $85k for the 1.5 FTE add. SUMMARY AND ACTION REQUESTED: 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, storm water and park maintenance. With the top two candidates meeting these City Council Meeting [Regular Agenda Item 12] December 15, 2015 -- page 2 -- 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 part-time to full-time. MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: December 15, 2015 CONSENT ITEM # 13 AGENDA ITEM: Rieder Property– Preliminary Plat Extension SUBMITTED BY: Stephen Wensman, City Planner REVIEWED BY: Clark Schroeder SUGGESTED ORDER OF BUSINESS: - Introduction of Item ........................................................................ City Planner - Report/Presentation………………………………………………...City Planner - 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 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 of land must submit a final plat within 180 days after approval of preliminary plat or the plat will be considered void. Staff is recommending approval of the Preliminary Plat Extension. Staff recommends approval of the request with the following motion: “Move to adopt Resolution No. 2015-086 approving the Rieder (Lennar Diedrich) Townhouses preliminary 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. City Council Meeting [Regular Agenda Item 13] December 1, 2015 -- page 2 -- 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 the] 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 filed 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. City Council Meeting [Regular Agenda Item 13] December 1, 2015 -- page 3 -- MORITORIUM: This development is not affected by the City’s moratorium since it received preliminary plat approval prior to July 22, 2015. FISCAL IMPACT: • 5th 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 REQUESTED: 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 preliminary 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 1 Resolution 2015-__ 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 MAYOR & COUNCIL COMMUNICATION -- page 1 -- 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 I-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 City Council Meeting [Regular Agenda Item 14] July 21, 2015 -- page 2 -- 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 I-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 staff 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 how 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 5th 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. City Council Meeting [Regular Agenda Item 14] July 21, 2015 -- page 3 -- 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 ½ 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 INFORMATION (SWOT): 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.” City Council Meeting [Regular Agenda Item 14] July 21, 2015 -- page 4 -- ATTACHMENTS: 1. Resolution No. 2015-056 2. Planning Commission Report (6/22/15) 3. Application Forms 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 l. Preliminary Street Profiles m. Details n. Landscape Plan o. Tree Preservation Plan 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, Lennar Corporation, 16305 36th 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. 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 ½ 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 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 21st day of July 2015 by the City Council of the City of Lake Elmo, Minnesota. ___________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk MAYOR & COUNCIL COMMUNICATION -- page 1 -- 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 Malmquist, Fire Chief THROUGH: City Clerk REVIEWED BY: Finance Director 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 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 Item #xx) December 15, 2015 -- page 2 -- 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 JPA 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