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Home My WebLink About03-02-16 City Council Meeting Packet 1 of 3 NOTICE OF MEETING City Council Meeting Wednesday, March 2, 2016 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. Approval of Minutes 1. February 2, 2016 D. Public Comments/Inquiries E. Presentations F. Consent Agenda 2. Approve Payment of Disbursements 3. Accept January 2016 Financial Statements 4. Approve Close Out of MN MIF Grant/Loan to Valley Cartage – Resolution 2016-14 5. Savona 1st Addition – Approve Reduction of Security #1 6. Savona 2nd Addition – Approve Reduction of Security #1 7. Waive Duplicate Fee for Zoning Text Amendment 8. Refer Home Occupation Ordinance Review to Planning Commission 9. Authorize Posting Building Official Position G. Regular Agenda 10. Palmquist Commercial Wedding Ceremony Venue IUP – Resolution 2016-13 11. Legends Concept Plan – Resolution 2016-12 12. Policy for Agenda Items 13. Public Comments on Agenda 14. Single Fire Station – Reconsider 12/15/15 Vote 15. Inwood Trunk Watermain Improvements – Accept Bids and Award Contract Resolution 2016-15 16. IPAD Request 17. Library Associate Status Discussion and Possible Action 18. Repairs to Engine 2 19. Building Official Ordinance 20. Planning Commission to Review Land Use 21. City Administrator Contract H. Council Reports I. Staff Reports and Announcements J. Executive Session Executive Session to discuss litigation strategy with respect to the State of Minnesota v. 3M Company lawsuit. This portion of the meeting will be closed pursuant to Minnesota Statutes Section 13D.05, subdivision 3 (b) K. 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: March 2, 2016 CONSENT ITEM #2 MOTION AGENDA ITEM: Approve Disbursements in the amount of $210,473.82 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: $210,473.82 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $210,473.82. 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 2] March 2, 2016 -- 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 $ 12,919.87 Payroll Taxes to IRS & MN Dept of Revenue 02/18/16 ACH $ 6,350.06 Payroll Retirement to PERA 02/18/16 DD6987-DD7035 $ 34,257.70 Payroll Dated (Direct Deposits) 02/18/16 43998-44053 $ 156,886.19 Accounts Payable 03/02/16 2754 $ 60.00 Library Card Reimbursement 03/02/16 TOTAL $ 210,473.82 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 $210,473.82. ATTACHMENTS: 1. Accounts Payable – check registers MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: March 2, 2016 CONSENT ITEM #3 MOTION AGENDA ITEM: January 2016 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 January 2016 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 January 2016 reflecting the monthly and year to date detail, comparing the actual results to the 2016 Budget. City Council Meeting [Consent Agenda Item #3] March 2, 2016 -- page 2 -- GENERAL FUND: Revenues: Total revenue for the month was 98.9% above budget for the month. The most significant budget to actual revenue variances are as follows: • Building Permit revenue was 116.2% above budget for the month due to the nice weather allowing for building activity. There were 16 new homes and 11 new commercial rec units permitted in January. The 2016 budget anticipated a later start to the building season. • Plan check fee revenue was 124.9% above budget for the month for the same reasons mentioned. Expenses: Total expenses for the month were 20.0% below budget for January. The following summarizes variances of note: General: • General Government expenses were 7.75% below budget for the month. This was primarily due to the annual insurance renewal/expense having been budgeted in January but it was not billed to the City until February and is a timing related variance. • Total Public Safety expenses were 21.7% below budget for the month primarily due to the Fire department paid on call expenses being below budget as well as some annual equipment repairs not having yet been incurred. • Public Works – The total Public Works expenses were 35.2% below budget for the month primarily due to not having to order additional salt in January. In summary, the January revenues were 99% above budget and the expenses were 20% less than budget resulting in a net income of 70% better than budget. LIBRARY FUND: Revenues: January revenues are 10.8k better than budget due to donations received. This includes $10k in grant proceeds received from the Bremer Foundation. Expenses: Expenses for the month of January were 81.8% below budget for the month. This was primarily due to the delayed billing from the various WA Cty branch libraries for library City Council Meeting [Consent Agenda Item #3] March 2, 2016 -- page 3 -- card reimbursements. In addition, the annual insurance premiums were budgeted in January but were not billed to the City to be paid until February. The ending January cash balance in the library fund is $227.8k. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the attached January Financial Report. ATTACHMENT: 1. January Financial Reports Item 4 may be added on Monday, February 29, 2016 MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: March 2, 2016 CONSENT ITEM # 5 AGENDA ITEM: Savona 1st Addition – 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 ORDER OF BUSINESS if removed from the Consent Agenda): - 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: 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 $2,144,399 which remains sufficient to complete the remaining improvements. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving a reduction in the security amount for the Savona 1st Addition. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The developer has completed a substantial portion of the required development improvements for the Savona 1st Addition including the installation of sanitary sewer, watermain, storm sewer, and street improvements. In accordance with the revised Security Reduction Policy Paragraph G, the developer is eligible for a reduction in security for Phase 1 in the amount of $969,448. City Council Meeting [Regular Agenda Item 5] March 2, 2016 -- page 2 -- RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, a reduction in the security amount for the Savona 1st Addition. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve a reduction of the Letter of Credit for the Savona 1st Addition from $3,113,846 down to $2,144,399.” ATTACHMENT(S): 1. Engineer’s Letter Recommending Security Reduction #1 for the Savona 1st Addition. 2. Developer’s Letter Requesting Reduction of Security for the Savona 1st Addition. 3800 Laverne Avenue North • Lake Elmo • Minnesota 55042 Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org March 2, 2016 Ms. Carole Toohey Lennar 16305 36th Avenue N, Suite 600 Plymouth, MN 55446 Re: Savona 1st Addition Lake Elmo, Minnesota Irrevocable Letter of Credit No. 69601104 Dear Ms. Toohey: We have reviewed and processed your request dated February 12, 2016 for a reduction in the security for the Savona 1st Addition in Lake Elmo, MN. At this time the Irrevocable Letter of Credit No. 69601104 may be reduced to $2,144,399. This represents a reduction in the amount of $969,448; or 50% of the Sanitary Sewer, Watermain, Street and Storm Sewer Improvements. Please process the security reduction through the office of the Lake Elmo City Clerk. Should you have any questions or require additional information, please call me 651.300.4264. Sincerely, John (Jack) W. Griffin, P.E. City Engineer cc: Clark Shroeder, Interim City Administrator Julie Johnson, City Clerk Cathy Bendel, Finance Director Stephen Wensman, City Planner J Griffin MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: March 2, 2016 CONSENT ITEM # 6 AGENDA ITEM: Savona 2nd Addition – 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 ORDER OF BUSINESS if removed from the Consent Agenda): - 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: 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 $1,444,785 which remains sufficient to complete the remaining improvements. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving a reduction in the security amount for the Savona 2nd Addition. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The developer has completed a substantial portion of the required development improvements for the Savona 2nd Addition including the installation of sanitary sewer, watermain, storm sewer, City Council Meeting [Regular Agenda Item 6] March 2, 2016 -- page 2 -- and street improvements. In accordance with the revised Security Reduction Policy Paragraph G, the developer is eligible for a reduction in security for Phase 2 in the amount of $1,178,709. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, a reduction in the security amount for the Savona 2nd Addition. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve a reduction of the Letter of Credit for the Savona 2nd Addition from $2,623,494.55 down to $1,444,785.” ATTACHMENT(S): 1. Engineer’s Letter Recommending Security Reduction #1 for the Savona 2nd Addition. 2. Developer’s Letter Requesting Reduction of Security for the Savona 2nd Addition. 3800 Laverne Avenue North • Lake Elmo • Minnesota 55042 Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org March 2, 2016 Ms. Carole Toohey Lennar 16305 36th Avenue N, Suite 600 Plymouth, MN 55446 Re: Savona 2nd Addition Lake Elmo, Minnesota Irrevocable Letter of Credit No. 69602114 Dear Ms. Toohey: We have reviewed and processed your request dated February 12, 2016 for a reduction in the security for the Savona 2nd Addition in Lake Elmo, MN. At this time the Irrevocable Letter of Credit No. 69602114 may be reduced to $1,444,785. This represents a reduction in the amount of $1,178,709; or 50% of the Sanitary Sewer, Watermain, Street and Storm Sewer Improvements. Please process the security reduction through the office of the Lake Elmo City Clerk. Should you have any questions or require additional information, please call me 651.300.4264. Sincerely, John (Jack) W. Griffin, P.E. City Engineer cc: Clark Shroeder, Interim City Administrator Julie Johnson, City Clerk Cathy Bendel, Finance Director Stephen Wensman, City Planner J Griffin MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: March 2, 2016 REGULAR ITEM #7 AGENDA ITEM: Waive Duplicate Fee for Zoning Text Amendment SUBMITTED BY: Mayor Pearson & Councilmember Smith THROUGH: City Clerk REVIEWED BY: Planning Director 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 RECOMMENDER: Mayor Pearson and Councilmember Smith FISCAL IMPACT: $1,250 SUMMARY AND ACTION REQUESTED: The Council is being asked to waive/refund the fee paid by Danielle Hecker for a Zoning Text Amendment. Ms. Hecker applied for a Zoning Text Amendment in 2015 and again in 2016. As a result of the first revision and some miscommunication that may have occurred with former Planning staff members, Ms. Hecker made a second application for a Zoning Text Amendment for her project in part to correct a text error in the Ordinance. The first fee was paid; we are requesting that the second fee be waived. RECOMMENDATION: If removed from the Consent Agenda, we recommend the following motion: “Motion to waive the second application fee for the Zoning Text Amendment for Danielle Hecker’s Wedding Venue Application.” MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: March 2, 2016 REGULAR ITEM #8 AGENDA ITEM: Refer Home Occupation Ordinance Review to Planning Commission SUBMITTED BY: Councilmember Anne Smith THROUGH: City Clerk REVIEWED BY: Councilmember Smith 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 RECOMMENDER: Councilmember Smith FISCAL IMPACT: To be determined SUMMARY AND ACTION REQUESTED: Several years ago, the Planning Commission and City Staff began work to update the City’s Home Occupation Ordinance. That work was never completed and the City’s ordinance remains out of date. I would like the City Council to refer the Home Occupation Ordinance to the Planning Commission for review and recommendations for updating the code. RECOMMENDATION: “Motion to refer the Home Occupation Ordinance to the Planning Commission for review and recommendations for updates.” ATTACHMENT(S): Home Occupation Ordinance 154.012 subd B.12. 12. Accessory Uses Bed and Breakfast. A private, owner-occupied residence that contains no more than five (5) guestrooms where lodging, with or without meals, is provided for compensation. Commercial Wedding Ceremony Venue. A use involving a location to conduct wedding ceremonies, not including receptions, and usually operated in exchange for remuneration by providing the venue to the public. Domestic 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. 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. 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. 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 permitted 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.