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Home My WebLink About04-19-16 City Council Meeting packet 1 of 2x NOTICE OF MEETING City Council Meeting Tuesday, April 19, 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; March 2, 2016; March 15, 2016; April 5, 2016 D. Public Comments/Inquiries E. Presentations Arbor Day Proclamation Environmental Committee Arbor Day Tree Giveaway Lake Elmo Jaycees F. Consent Agenda 2. Approve Payment of Disbursements 3. Accept March 2016 Financial Statements 4. Accept March 2016 Assessor’s Report 5. Approve Lift Station Repairs 6. Approve Hiring of Part Time Fire Department Administrative Assistant 7. Authorize Hiring of Interns 8. Authorize Advertisement for Public Works Director Position 9. 2016 Crack Sealing – Receive Quotes and Award Contract 10. Approve Inwood Water Tower Zoning Map Amendment- Ordinance 08-134 11. Approve Home Occupation Definition Change- Ordinance 08-135 12. Comprehensive Map Amendment for MUSA – Resolution 2016-31 13. Approve Lawful Gambling Premises Permit for Pull Tab Sales at the Machine Shed Restaurant – Resolution 2016-29 14. Approve Summary Publication of Ordinance 08-132 Amending 2016 Fee Schedule –Resolution 2016-30 15. Approve Waiving the Fee for Residents for Clean up Day 16. Approve Fence Easement Encroachment Agreement 11913 32nd St N G. Regular Agenda 17. 2016 Street Improvements – Adopt Resolution 2016-31 Approving 2016 Street and Utility Improvements and Rescinding Resolution 2015-82 – Resolution 2016-31 18. 2016 Capital Improvement Financing Plan; Approval of the Issuance of G.O. Bond Series 2016A – Resolution 2016-28 19. Village Preserve 2nd Addition Final Plat 20. a. InWood 3rd Addition Final Plat b. InWood 3rd Addition Developers Agreement H. Council Reports I. Staff Reports and Announcements J. Adjourn Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character CITY OF LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 2016 CALL TO ORDER Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Anne Smith, and Jill Lundgren. ABSENT: Councilmember Bloyer. Staff present: Interim Administrator Schroeder, City Attorney Sonsalla, City Engineer Griffin, Finance Director Bendel, Planning Director Wensman, Building Official Chase and City Clerk Johnson. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Councilmember Smith moved Item 7 to the Regular Agenda. Mayor Pearson moved Item 9 to the Regular Agenda. AGENDA ADOPTED AS AMENDED. ACCEPT MINUTES Minutes of the December 1, 2015, December 15, 2015 and January 19, 2016 Regular Meeting were accepted as presented. PUBLIC COMMENTS/INQUIRIES City Attorney Sonsalla made a statement concerning the City’s position on private versus public data. Mike Reeves, 11075 14th Street North, presented a petition requesting the removal of the censure on Councilmember Bloyer and read comments from the petition. Dana Nelson, 2871 Legion Avenue, thanked the Council for their work, commented on the censure and asked for steps to be outlined for the censure to be lifted. Christine Nelson, 2871 Legion Avenue, asked for consistent standards with conflicts of interest and announced she will run for a seat on the City Council. Barry Weeks, 3647 Lake Elmo Avenue, called for the removal of the censure on Councilmember Bloyer and asked the Council to stop wasting taxpayer money. Pam Harley, 10010 Tapestry Road, read additional comments posted to the online petition for the removal of the censure on Councilmember Bloyer. Wally Nelson, 4582 Lilac Lane North, read additional comments from the online petition and added that residents have spoken up several times in favor of lifting the censure. Dale Dorschner, 3150 Lake Elmo Avenue, presented a formal complaint regarding public comments made at the January 5, 2016 City Council meeting concerning his character. Mayor Pearson apologized to Mr. Dorschner and encouraged the Council to consider lifting the censure, noting that over 300 people signed the petition. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 2016 Page 2 of 5 PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements 3. Lake Elmo Avenue Trunk Watermain Improvements – Change Order No. 2 4. Lake Elmo Avenue Trunk Watermain Improvements – Compensating Change Order No. 3 5. Lake Elmo Avenue Trunk Watermain Improvements – Pay Request No. 6 (FINAL) 6. Downtown Phase I Improvements – Approve Cooperative Agreement Payment No. 1 7. Approve Driveway Encroachment and Maintenance Agreement 8. Accept Building Safety Department Statistics Report 9. Clarification of Employment Status of City Council Members Consent Agenda approved as presented. REGULAR AGENDA ITEM 7: Approve Driveway Encroachment and Maintenance Agreement Councilmember Smith requested that the property owner replace trees that were removed at the entrance of the driveway. The applicant was present and agreed to replace trees. Motion 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. Motion passed 4 – 0. ITEM 9: Clarification of Employment Status of Councilmembers Interim Administrator Schroeder reported that many cities, such as Stillwater, classify City Council Members as employees, particularly as the city becomes larger. City Attorney Sonsalla added that the City Council Members would be treated as employees also for purposes of data practices. Mayor Pearson, seconded by Councilmember Lundgren, moved that FOR THE PURPOSES OF INSURANCE LIABILITY COVERAGE, CITY COUNCIL MEMBERS SHOULD BE TREATED AS EMPLOYEES OF THE CITY. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO AMEND THE PRIMARY MOTION BY INSERTING “MN STATUTES CHAPTER 13” AFTER “FOR THE PURPOSES OF.” Motion passed 3 – 1. (Pearson – nay) Primary motion passed 3 – 1. (Pearson – nay) Mayor Pearson stated that he appreciates getting policies in line with practice but has concerns about transparency. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 2016 Page 3 of 5 ITEM 10: Easton Village Park Interim Administrator Schroeder reviewed the Easton Village plat, noting the location of the future park and trails. Schroeder explained the Parks Commission recommendation to install the park in three phases as the homes are completed and to begin the first phase this summer. Schroeder requested Council approval of the plan so staff could begin to solicit bids. Motion TO DIRECT STAFF TO SOLICIT BIDS FOR PHASE ONE TO BE INSTALLED SUMMER OF 2016. Motion adopted by consensus. ITEM 11: Inwood Booster Station Improvements City Engineer Griffin reviewed the site location, site plan and changes made to the exterior of the proposed building. Councilmember Lundgren, seconded by Councilmember Smith, moved TO APPROVE RESOLUTION 2016-07, APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS FOR THE INWOOD WATER BOOSTER STATION. Motion passed 4 – 0. ITEM 12: Old Village Phase 2: Street & Utility Improvements – Approve Plans and Specifications; Authorize Ad for Bids City Engineer Griffin presented the project overview and requested authorization to conduct a formal report. Councilmember Fliflet, seconded by Mayor Pearson, moved TO APPROVE RESOLUTION 2016-08, ORDERING PREPARATION OF A FEASIBILITY REPORT BY FOCUS ENGINEERING FOR THE OLD VILLAGE PHASE 2 STREET, DRAINAGE, AND UTILITY IMPROVEMENTS IN A NOT TO EXCEED AMOUNT OF $5,500. Motion passed 4 – 0. ITEM 13: Washington County Aquatic Invasive Species Milfoil Grant Brief discussion was held concerning treatment of the tri-lakes for milfoil. Resident Wally Nelson clarified that Lake Jane is treated for milfoil but did not apply for grant funds to offset the cost. Councilmember Lundgren, seconded by Councilmember Smith, moved THAT THE CITY OF LAKE ELMO SUPPORTS THE AQUATIC INVASIVE SPECIES GRANTS FOR LAKE DEMONTREVILLE AND OLSON LAKE ASSOCIATION, AND THE LAKE ELMO LAKE ASSOCIATION FOR THE 2016 GRANT PERIOD. Motion passed 4 – 0. ITEM 14: Employee Wage Adjustments Councilmember Smith, seconded by Councilmember Fliflet, moved TO REMOVE THIS ITEM FROM THE AGENDA FOR THE HUMAN RESOURCES COMMITTEE TO REVIEW. Motion failed 3 – 1. (Pearson – nay) LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 2016 Page 4 of 5 Mayor Pearson expressed frustration regarding the wage adjustment process and reported on past practice for yearly wage increases. ITEM 15: Seasonal Building Inspector Interim Administrator Schroeder requested that the City Administrator be granted the authority to engage a contractor to assist with building inspections and plan reviews as needed, noting that he anticipates 2016 inspection volume to exceed 2015 volume. Mayor Pearson moved to authorize the City Administrator TO UTILIZE THEIR BEST JUDGMENT TO SOURCE OUT THE MOST COST EFFECTIVE SOLUTION TO RESPOND TO THE VARIOUS DEMANDS ON THE BUILDING INSPECTION DEPARTMENT. THIS WOULD INCLUDE OTHER CITY INSPECTORS, SEASONAL INSPECTOR, CONTRACT INSPECTION COMPANIES BUT NOT HIRING A BENEFITTED STAFF MEMBER. Motion died – no second. Mayor Pearson related his experience owning a seasonal business with irregular demands. Councilmember Fliflet stated she has been working with the Building Official to get statistics to support the need. COUNCIL REPORTS Mayor Pearson: Will hold Visit with the Mayor at Christ Lutheran Church on February 2nd 6:30 – 7:30; thanked Washington County for handling the investigation very professionally for the City; expressed disappointment with his colleagues over recent news stories and emails received while he was on vacation. Councilmember Fliflet: Working with the building department to gather information; attended Library meeting; looking forward to second interviews with City Administrator candidates. Councilmember Smith: passed on report Councilmember Lundgren: Attended City Administrator interviews and will attend second interviews next week. Worked on resident calls and concerns. Councilmember Bloyer: Absent STAFF REPORTS AND ANNOUNCEMENTS Interim City Administrator Schroeder: Attended City Administrator meeting at Washington County where libraries, adding a county economic development authority and water supplier plan were discussed. Held bi-weekly development meeting with staff working on Developer Agreement template. City Clerk Johnson: Holding Office Administrative Assistant interviews next week, noted that the first meeting in March will be held on Wednesday due to precinct caucuses. Finance Director Bendel: Sent out over 3,000 stormwater utility bills and fourth quarter utility bills; working on year end close out, payroll reports and county reporting. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 2016 Page 5 of 5 City Attorney Sonsalla: Working with City Staff on template agreements and other issues. City Engineer Griffin: Working with Washington County on Ideal Avenue/CSAH 13 project, attended city engineer annual conference last week. Meeting adjourned at 9:22 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk CITY OF LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 CALL TO ORDER Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, Anne Smith, and Jill Lundgren. Staff present: Interim Administrator Schroeder, City Attorney Sonsalla, City Engineer Griffin, Finance Director Bendel, Planning Director Wensman, and City Clerk Johnson. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Items 8 and 9 were moved to the Regular Agenda. Item 17 was removed from the agenda. Minutes were postponed to the next meeting. Agenda approved as amended. PUBLIC COMMENTS/INQUIRIES Mike Reeves, 11075 14th Street North, asked the Council to lift the censure on Councilmember Bloyer, stating that he has made numerous requests and presented a petition requesting the removal of the censure. PRESENTATIONS None 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 Consent Agenda approved as presented. ITEM 8: Refer Home Occupation Ordinance Review to Planning Commission Interim Administrator Schroeder provided an overview of the item. Councilmember Smith added that she would like the Planning Commission to look at inconsistencies in the current ordinance and recommend updates. Councilmember Smith, seconded by Mayor Pearson, moved TO REFER THE HOME OCCUPATION ORDINANCE TO THE PLANNING COMMISSION TO LOOK AT ONE INCONSISTENCY IN HAIR DRESSING AND CONDUCT FURTHER REVIEW AT A LATER DATE. Motion passed 5 – 0. LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 Page 2 of 7 ITEM 9: Authorize Posting Building Official Position Interim Administrator Schroeder reviewed the options staff is currently investigating for gap and longer term coverage in the Building Department. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO DIRECT STAFF TO ADVERTISE, RECRUIT, INTERVIEW AND RECOMMEND FOR EMPLOYMENT THE BUILDING OFFICIAL POSITION. Motion passed 5 – 0. ITEM 10: Palmquist Commercial Wedding Ceremony Venue IUP Postponed to the April 5, 2016 meeting. ITEM 11: Legends Concept Plan Planning Director Wensman provided an overview of the current plan for 40 single family residential lots north of 50th Street and south of the Sanctuary neighborhood. Wensman reviewed the OP development standards, lot design and interconnected neighborhoods, noting the proposed connection to the Sanctuary neighborhood. Discussion held concerning neighborhood connectivity and future traffic light at 50th Street & Manning Avenue intersection. Wensman reviewed the open space standards and noted where deviation from the code may be needed. Parks Commission review and request for a trail connecting to Sanctuary Park was also reviewed. Councilmember Bloyer, seconded by Mayor Pearson, moved TO REMOVE ALL LIMITS OF DEBATE FOR DISCUSSION ON THIS ITEM. Motion failed 3 – 2. (4/5ths vote required. Fliflet, Lundgren – Nay) Discussion was held regarding the proposed connection from Legends to Sanctuary. Administrator Schroeder read a letter from Washington County stating that connecting the neighborhoods would increase the likelihood of a traffic signal being installed at the 50th Street and Manning Avenue intersection. Developer Nate Landucci commented on his discussions with the neighboring property owner to resolve common issues such as trees and the access road. Austin Anderson, 11686 56th Street North, spoke on behalf of the Sanctuary Homeowners Association as its President, stating that safety is their chief concern and with a connection to 50th Street through Sanctuary it will become a highway. Todd Nimmo, 11679 58th Street North, stated there are no sidewalks in Sanctuary and over 100 children that use the street to get from house to house, causing a safety concern. Ben Backberg, 5693 Linden Avenue North, presented a petition signed by Sanctuary residents opposed to a road connecting Sanctuary to 50th Street. Sue Hicks, 11836 56th Street, stated it is premature to make a decision on the road connection now. LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 Page 3 of 7 Michelle Chickett, 5711 Linden Avenue North, agreed with her neighbors and does not want the street to go through. Pamela Chickett, 5711 Linden Avenue North, stated she fully supports her neighbors opposed to the street going through. Patricia Geise, 5805 Linden Avenue North, stated opposition to the street going through. Carolyn Cary, 5701 Linden Avenue North, agreed that that road should not be connected to 50th street and suggested alternate emergency access via 55th Street. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2016-12 WITH ADDITIONAL CONDITION ADDING A CUL DE SAC AT LINDEN AVENUE. Motion failed 2 – 3. (Pearson, Bloyer, Smith – Nay) Councilmembers discussed the proposed park dedication, septic systems and setbacks. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPROVE DEVIATION FROM THE BUFFER REQUIREMENT FOR LOTS 32, 37, 4 AND 3, AND THE ROADWAY NEAR THE HECKER’S PARCEL, REDUCING THE BUFFER TO 100 FEET WITH THE ADDITION OF AN APPROVED WRITTEN AGREEMENT BETWEEN THE DEVELOPER AND THE HECKERS AT PRELIMINARY PLAT. Motion passed 4 – 1. (Bloyer – Nay) Councilmember Bloyer stated that the Ordinance should be followed. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPROVE THE DEVIATION FROM THE OP – OPEN SPACE PRESERVATION DEVELOPMENT STANDARDS TO ALLOW LOTS WITHIN AREAS CLASSIFIED AS PRIME FARMLAND. Motion passed 4 – 1. (Bloyer – Nay) Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2016-12. Councilmember Fliflet, seconded by Councilmember Smith, moved TO AMEND THE PRIMARY MOTION TO ADD THAT THE DEVELOPER WILL WORK WITH THE PARKS COMMISSION ON PARKS PLANS FOR THIS DEVELOPMENT AND A RECOMMENDATION WILL BE BROUGHT TO COUNCIL BEFORE THE PRELIMINARY PLAT. Amendment passed 4 – 1. (Bloyer – Nay). Primary motion passed 4 – 1. (Bloyer – Nay) ITEM 12: Policy for Agenda Items Administrator Schroeder introduced the item and noted that this topic may also be discussed during the adoption of the Mayor’s Handbook at the March 8th Council Workshop. Dale Dorschner, 3150 Lake Elmo Avenue North, stated this policy is unnecessary and the City has run for decades without a policy like this. LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 Page 4 of 7 Dave Faint, 3617 Laverne Avenue North, stated that this policy could be a problem and could keep important items off the agenda. Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO SET A POLICY THAT ANY CITY COUNCIL MEMBER CAN ADD AN ITEM TO A COUNCIL AGENDA. HOWEVER, IF AN ITEM IS BROUGHT FORWARD TO THE COUNCIL ON AN AGENDA AND IT IS REMOVED BY A MAJORITY VOTE OF THE COUNCIL BECAUSE THE COUNCIL DOES NOT AGREE WITH DISCUSSING THE AGENDA ITEM, THEN THE COUNCIL MEMBER THAT PUT THE ITEM ON THE AGENDA CANNOT BRING THE ITEM BACK TO BE PLACED ON A SUBSEQUENT AGENDA. Motion passed 3 – 2. (Pearson, Bloyer – Nay) ITEM 13: Public Comments on Agenda Administrator Schroeder reviewed the memo proposing that the Public Comment section of the City Council Agenda be moved to follow Regular Agenda items. Councilmember Lundgren stated she brought this proposal to the Council as a result of complaints from residents stating that the Public Comment portion of the meeting is too long. Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO MOVE PUBLIC COMMENTS TO FOLLOW REGULAR AGENDA ITEMS ON THE CITY COUNCIL AGENDA. Motion failed 1 – 4. (Pearson, Bloyer, Fliflet, Smith – Nay) Dale Dorschner, 3150 Lake Elmo Avenue North, expressed frustration with Councilmembers not listening to residents. Barry Weeks, 3647 Lake Elmo Avenue North, recommend that the order of agenda items follow the Mayor’s Handbook with public comments at the beginning. Dick Wier, 3645 Laverne Avenue North, stated it is the people’s right to speak. Bryan Butler, 3631 Laverne Avenue North, stated that this item feels like an attempt to silence the public. Dave Faint, 3617 Laverne Avenue North, stated that this item sounds like censorship. Councilmember Fliflet stated that the proposal is to help the meetings run better and help residents be heard who have items on the Regular Agenda. Fliflet stated she would not support this item because of how the intent has been misrepresented. ITEM 14: Single Fire Station – Reconsider 12/15/15 Vote Interim Administrator Schroeder reviewed the request from Mayor Pearson to reconsider a vote to make preparations to identify a site for a single fire station. Mayor Pearson, seconded by Councilmember Bloyer, moved TO DIRECT THE LAKE ELMO FIRE DEPARTMENT TO MAKE PREPARATIONS TO MOVE TO A SINGLE FIRE STATION AND IDENTIFY APPROPRIATE SITES. LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 Page 5 of 7 Councilmember Bloyer moved to substitute the current motion with a motion TO INSTRUCT CHIEF MALMQUIST TO MEET WITH COUNCILMEMBERS SMITH AND LUNDGREN FOR FURTHER INFORMATION. Motion failed – no second. Primary motion failed 2 – 2. (Fliflet, Smith – Nay) ITEM 15: Inwood Trunk Watermain Improvements City Engineer Griffin reviewed the bid process and recommended awarding the project to the low bidder, Northdale Construction. Public hearing was held and no members of the public were present to speak. Mayor Pearson, seconded by Councilmember Smith, moved TO APPROVE RESOLUTION 2016-15, ACCEPTING BIDS AND AWARDING A CONTRACT TO NORTHDALE CONSTRUCTION COMPANY, INC. IN THE BASE BID AMOUNT OF $1,411,737.31 FOR THE INWOOD TRUNK WATERMAIN IMPROVEMENTS. Motion passed 4 – 0. ITEM 16: IPAD Request Interim Administrator Schroeder reviewed the options for requesting an opinion from the Department of Administration – Information Policy Analysis Division, concerning the status of a letter written by the former City Attorney David Snyder. Councilmember Fliflet, seconded by Councilmember Smith, moved TO DIRECT THE CITY ATTORNEY TO REQUEST AN OPINION FROM IPAD AS TO WHETHER OR NOT THE LETTER FROM DAVID SNYDER DATED OCTOBER 1, 2015 IS PUBLIC. Councilmember Bloyer, seconded by Mayor Pearson, moved TO AMEND THE MOTION TO ADD THE WORD “NOT” BEFORE “REQUEST AN OPINION FROM IPAD”. Motion failed 2 – 2. (Fliflet, Smith –Nay) Primary motion failed 2 – 2. (Pearson, Bloyer – Nay) ITEM 17: Library Associate Status Discussion and Possible Action (removed from agenda) ITEM 18: Repairs to Engine 2 Interim Administrator Schroeder invited Council input on repairs to be made to Fire Department Engine, noting that this engine is scheduled to be replaced next year. ITEM 19: Building Official Ordinance Interim Administrator Schroeder reviewed information provided to the Council regarding the Building Official Ordinance and reporting structure in the City’s Ordinance. LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 Page 6 of 7 Councilmember Fliflet moved TO CHANGE THE CITY ORDINANCE TO HAVE THE BUILDING OFFICIAL REPORT TO THE PLANNING DIRECTOR. Motion failed – no second. Mayor Pearson, seconded by Councilmember Bloyer, moved TO CHANGE THE ORGANIZATIONAL CHART TO ALIGN WITH THE CITY CODE AND HAVE THE BUILDING OFFICIAL REPORT TO THE CITY ADMINISTRATOR. Motion failed 2 – 2. (Fliflet, Smith – Nay) ITEM 20: Planning Commission to Review Land Use Interim Administrator Schroeder noted that the moratorium will be expiring soon and requested that the Council provide guidance to the Planning Commission as to the land use issues and moratorium. Discrepancies in the staff memo regarding projects that have paid advance water service committee fees were discussed. Mayor Pearson, seconded by Councilmember Bloyer, moved THAT IN RESPONSE TO MET COUNCIL SYSTEM STATEMENTS, THE LAKE ELMO CITY COUNCIL DIRECTS THE PLANNING COMMISSION TO STUDY POSSIBLE COMP PLAN AMENDMENTS FOR THE STAGE 1, 2 AND 3 SEWERED AREAS. Motion failed 2 – 2. (Fliflet, Smith – Nay) Councilmember Fliflet stated this process should start at the City Council level at a workshop. Councilmember Fliflet, seconded by Councilmember Smith, moved TO PLACE REVIEW OF LAND USE ON THE APRIL WORKSESSION AGENDA. Motion passed 3 – 1. (Bloyer – Nay). ITEM 21: City Administrator Contract Interim Administrator Schroeder provided an update on the City Administrator hiring process. Councilmember Smith, seconded by Councilmember Fliflet, moved TO DIRECT COUNCILMEMBER FLIFLET AND MAYOR PEARSON TO NEGOTIATE A CONTRACT WITH THE CITY ADMINISTRATOR CANDIDATE AND BRING DISCUSSION BACK TO THE CITY COUNCIL FOR A VOTE. Motion passed 4 – 0. COUNCIL REPORTS Mayor Pearson: No report Councilmember Fliflet: Attended many library meetings and denied that she has not been providing library information to the City Council, adding that there has been nothing concrete to report. Councilmember Smith: Wished the Stillwater High School Boys Hockey team good luck at the State Tournament. Councilmember Lundgren: Absent. Councilmember Bloyer: No report. LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 Page 7 of 7 STAFF REPORTS AND ANNOUNCEMENTS Interim City Administrator Schroeder: Thanked staff for filling in for him during his vacation. City Clerk Johnson: Welcomed new staff members Patti Stucke and Emily Becker. Finance Director Bendel: No report. City Attorney Sonsalla: No report. Planning Director Wensman: No report. City Engineer Griffin: Reported on cracks in the Discover Crossing bridge that are not urgent but will be investigated further. Meeting adjourned to closed session at 2:20 a.m. pursuant to Minnesota Statutes Section 13D.05, subdivision 3(b) to discuss litigation strategy with respect to the State of Minnesota v. 3M Company lawsuit. Meeting returned to open session at 3:01 a.m. Meeting adjourned at 3:01 a.m. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: April 19, 2016 CONSENT ITEM #2 MOTION AGENDA ITEM: Approve Disbursements in the amount of $304,400.73 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: $304,400.73 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $300,400.73. 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] April 19, 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 $ 14,111.85 Payroll Taxes to IRS & MN Dept of Revenue 04/14/16 ACH $ 6,689.87 Payroll Retirement to PERA 04/14/16 DD7086-DD7127 $ 36,418.60 Payroll Dated (Direct Deposits) 04/14/16 44186-44239 $ 247,060.41 Accounts Payable 04/19/16 2757-2758 $ 120.00 Library Card Reimbursement 04/19/16 TOTAL $ 304,400.73 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 $304,400.73. ATTACHMENTS: 1. Accounts Payable – check registers MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: April 19, 2016 CONSENT ITEM #3 MOTION AGENDA ITEM: March 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 March 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 March 2016 reflecting the monthly and year to date detail, comparing the actual results to the 2016 Budget. City Council Meeting [Consent Agenda Item #3] April 19, 2016 -- page 2 -- GENERAL FUND: Revenues: Total revenue for the month was 53.9% above budget for the month. The most significant budget to actual revenue variances are as follows: • Building Permit revenue was 53.3% above budget for the month bringing the year to date revenue at 82.4% better budget. This is primarily due to the nice weather allowing for building activity beginning months earlier than anticipated in the 2016 budget. There were 24 new homes permitted in March and 57 new homes year to date. • Utility Permits (right of way) permits far exceeded budget by $5.5k for the month and $14.4k year to date. • Plan check fee revenue was 59.9% above budget for the month for the same reasons mentioned related to building permit revenue. Expenses: Total expenses for the month were 29.06 higher than budget for March. This is primarily due to March having 3 pay periods rather than April as anticipated in the budget. 2016 was a leap year which shifted the payroll calendar. The following summarizes variances of note: General: • General Government expenses were 50.7% higher than budget for the month bringing the year to date expenses to 13.12% higher than budget. This was primarily due legal expenses running at 100% higher than budgeted. • Total Public Safety expenses were 20.8% higher than budget for the month bringing the year to date expenses to 9.05% better than budget. This was primarily due to the payout of outstanding PTO time to a departing employee. • Public Works – The total Public Works expenses were 11.9% higher than budget for the month bringing year to date expenses to 18.3% better than budget. In summary, the March revenues were 50.7% better than budget and the expenses were 29.1% higher than budget resulting in a net income of 12.5% less than budget. On a year to date basis, the revenues are 13.1% above budget and the expenses were 7.0% less than budget resulting in a net income of 44.9% better than budget year to date. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the attached March Financial Report. City Council Meeting [Consent Agenda Item #3] April 19, 2016 -- page 3 -- ATTACHMENT: 1. March Financial Reports MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: April 19, 2016 CONSENT ITEM #4 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 March 2016 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 – 0 Sales collected and viewed – 13 Taxpayer inquiries – 12 Miscellaneous inquiries - 4 Inspections – Residential – 8; Commercial – 0 Building permit reviews – 17 Pictures taken – 8 Other work performed included: • Respond to valuation related phone calls • Monthly meeting with County residential and commercial supervisors City Council Meeting [Consent Agenda Item #xx] April 19, 2016 -- page 2 -- • Input of all inspection and permit work • 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 March 2016 monthly assessor report. MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: April 19, 2016 CONSENT ITEM #5 MOTION AGENDA ITEM: Approve Lift Station Repairs SUBMITTED BY: Mike Bouthilet, Director of Public Works THROUGH: Kristina Handt, City Administrator REVIEWED BY: Finance Committee Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item .............................................................. City Administrator - Report/Presentation…………………………………..Director of Public Works - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Director of Public Works FISCAL IMPACT: $14,826 – Sewer Fund; $5,116 in repairs and $9,210 The 2016 sewer fund budget included $3,000 for pump repairs which covered the cost to purchase the necessary parts. At that time, it was anticipated that staff could do the install. SUMMARY AND ACTION REQUESTED: Recently there have been issues with the I94 lift station alarm and pump. During a recent pump failure, not only did the backup not work as it should have, the alarm also failed to notify staff of failure. Staff had the vendors do an assessment of the issues with the lift station and recommended performing maintenance in 2016 rather than waiting until 2017 (routine maintenance due to wear was assessed on an annual basis but was very infrequent due to minimal users). Due to the critical nature of the pump supporting the new lift station for the new development, it is staff’s recommendation to repair now. City Council Meeting (Consent Agenda Item #5) April 19, 2016 -- page 2 -- The control panel was found to not be repairable and has exceeded its life expectancy. (16 years old with a 10-15 year projected life). Staff recommends replacing the control panel and when the lift station is rebuilt on this site, the control panel will continue to be utilized. BACKGROUND INFORMATION (SWOT): Strengths Upgraded machinery will allow for timely maintenance of the City lift station and reduce risk for bypass Weaknesses Pump inefficiencies results in the pump/lift station is not running efficiently resulting excess power usage Opportunities Staff has been checking this lift station daily (including weekends) to ensure no issues due to prior alarm being faulty Threats Potential risk for backups in homes and bypassing to the surface RECOMMENDATION: Based on the aforementioned, staff recommends the following motion be made: “Move to approve the repairs to Lift Station #1 in the amount of $14,826 which will be funded by the Sewer Fund” ATTACHMENT: 1. EP Electric Pump – Repair quote dated 3/18/16 2. TPC equipment and services quote for upgrades to Lift Station #1 MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: April 19, 2016 Consent ITEM # 6 AGENDA ITEM: Approve Hiring of Part Time Fire Dept. Administrative Assistant SUBMITTED BY: City Clerk THROUGH: Fire Chief Malmquist REVIEWED BY: City Clerk, City Administrator POLICY RECOMENDER: City Council FISCAL IMPACT: This is a part time non exempt position (20 hours per week) with a pay rate of $19.79 per hour. SUMMARY AND ACTION REQUESTED: An offer has been extended to Nick Witter to serve as the part time Administrative Assistant for the Fire Department, subject to City Council approval. Mr. Witter is currently a Captain with the Lake Elmo Fire Department and has been a member of the Department since 2009. There were no external candidates that applied for the position. Mr. Witter is available to start on April 20, 2016. RECOMMENDATION: If removed from the Consent Agenda, staff recommends the following motion: “Motion to approve the Fire Department Administrative Assistant hiring as presented.” MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: April 19, 2016 CONSENT ITEM #7 AGENDA ITEM: Authorization to Advertise and Hire Summer Interns SUBMITTED BY: Kristina Handt, City Administrator THROUGH: Kristina Handt, City Administrator REVIEWED BY: Cathy Bendel, Finance Director Julie Johnson, City Clerk BACKGROUND INFORMATION: The 2016 budget included 3 intern positions to assist staff in the Building, Planning and Finance departments from May thru August to assist with overflow work during the Cities busy time related to development build out activity. These positions are temporary and not benefit eligible. ISSUE: Should the Council authorize advertising and hiring of three interns? SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is being asked to authorize the advertising for and hiring of the summer interns proposed and approved in the 2016 budget. No specific motion is needed as this is recommended as part of the Consent Agenda. FISCAL IMPACT: Up to $14,350 OPTIONS: 1) Authorize advertising and hiring interns 2) Authorize advertising and hiring for some but not all interns 3) Do not authorize advertising and hiring for any interns RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council approve moving forward to fill the intern positions for the Building, Planning and Finance departments as presented and approved in the 2016 Budget. MAYOR AND COUNCIL COMMUNICATION DATE: April 19, 2016 CONSENT ITEM #: 8 MOTION AGENDA ITEM: Authorize Advertisement for Public Works Director Position SUBMITTED BY: Kristina Handt, City Administrator REVIEWED BY: Cathy Bendel, Finance Director BACKGROUND: In anticipation of Mike Bouthilet’s retirement this summer, Council reviewed a draft job description and salary range for the Public Works Director position at its April 12 work shop. Staff was requested to add a commercial drivers’ license (CDL) to the desirable qualifications. An updated copy is attached. ISSUE BEFORE COUNCIL: Should staff proceed with advertising for the Public Works Director position with the attached job description and salary range? PROPOSAL DETAILS/ANALYSIS: The job description includes essential functions such as planning, organizing and directing the department activities and staff; participating in long range planning; policy recommendations; and budgeting. Minimum qualifications include a bachelor’s degree and experience in public works with supervisory and budgeting responsibilities. The job will be advertised following Council approval with interviews planned for the second week in May. Staff would anticipate a new director being on staff sometime in June. FISCAL IMPACT: The salary range is consistent with those in other metro cities of 6,000-10,000 population. The salary for the position was budgeted at $75,150 for 2016. It is anticipated that the new Director will be able to perform some engineering functions, thus reducing engineering costs by about $15-20,000 annually. Staff anticipates this would cover the increase costs of the Director position. OPTIONS: 1) Authorize staff to advertise, interview and present a candidate for the Public Works Director position. 2) Amend the job posting, then authorize staff to advertise, interview and present a candidate for the Public Works Director position. 3) Do not authorize staff to advertise, interview and present a candidate for the Public Works Director position. RECOMMENDATION: If removed from the Consent Agenda, staff recommends the following motion: Motion to authorize staff to advertise, interview and present a candidate for the Public Works Director opening. 3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900 The City of Lake Elmo offers competitive pay and benefits in addition to professional development opportunities to all employees. The city’s number one value statement is to foster an environment based on trust and ethics. These philosophies and practices help the City in recruiting and retaining exceptional employees. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Accepting Applications for the Position of: PUBLIC WORKS DIRECTOR SALARY: $74,900 to $93,700/DOQ OPENING DATE: April 21, 2016 CLOSING DATE: May 6, 2016 POSITION TITLE: Public Works Director DEPARTMENT: Public Works ACCOUNTABLE TO: City Administrator FLSA STATUS: Exempt PRIMARY OBJECTIVE: Performs complex supervisory, administrative and professional work in planning, organizing, directing, and supervising the Public Works Department, including environmental, water, sanitary and storm sewer, street, traffic control, lighting, parks maintenance, vehicle maintenance and other public works projects and programs. Draft and recommend policies and participate in long-range planning for all areas of responsibility. ESSENTIAL FUNCTIONS OF THE POSITION 1. Plans and organizes activities of the Public Works Department to ensure that adequate services are being provided to City residents and other parties of interest. 2. Evaluates public works needs and formulates short and long rang plans to meet needs in all areas of responsibility, including transportation, street, water, sewer, drainage, light, and park planning and maintenance. 3. Provides direction, supervision and coordination of training for Public Works staff, including recommending hires; assigns work; conducts performance reviews and administers discipline, as needed. 3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900 4. Supervises the inspection and maintenance of municipal infrastructure, facilities and equipment. 5. Prepares operating budget for public works department and utility funds and oversees adopted budget. 6. Provides recommendations for the capital improvement plan concerning needs for infrastructure, city facilities and equipment purchases and replacements. 7. Maintain a high level of safety practices through coordination of safety programs and policies and regular inspections of facilities and equipment. 8. Responds to emergency situations by coordinating employees and other resources. 9. Oversees and participates in the creation of complete and accurate documentation and maintains all department files and records. 10. Coordinates maintenance and construction projects with the City Engineer and ensures that that all engineering standards and best practices are met. 11. Oversees assigned municipal public works projects to ensure contractor compliance with time and budget parameters for the project. 12. Drafts and recommends policies for all maintenance functions including but not limited to snow and ice control, pavement management, street signs and utility system operations. 13. Develops specifications and makes recommendations for purchase of equipment and vehicles. Purchases all supplies and materials needed for effective operations. 14. Responds to public or other inquiries relative to department policies and procedures. Evaluates issues and options regarding municipal public works and makes recommendations. 15. Prepares reports to City Administrator and City Council. Attends City Council, Park Commission and other meetings that may be necessary to accomplish goals. 16. Maintains regular contact with consulting engineers, construction project engineers, City, County, State and Federal agencies, professional and technical groups and the general public regarding department activities and services. 17. Performs other related duties as assigned. PERFORMANCE CRITERIA  Infrastructure and facilities are maintained according to adopted policies.  Makes sound policy and budget recommendations.  Requirements of state laws, local ordinances and city policies are met.  Records are accurate, current and efficiently maintained with information readily available, and reported in a timely manner.  Preparation of required and requested materials and reports is timely, thorough, and complete.  Public contacts are courteous and businesslike and the information provided is accurate and timely.  Develops a positive relationship with residents, contractors and others.  Performs assigned tasks with minimum direct supervision.  Maintenance workers perform as a team to accomplish objectives. 3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900  Equipment and labor are utilized appropriately, effectively and safely.  Expenditures are within budgetary limits.  Keeps supervisor informed of all significant matters he/she must know to perform his/her responsibilities effectively. MINIMUM QUALIFICATIONS • Bachelor’s degree in civil engineering, business or public administration or closely related field. • Minimum of six years previous public works experience including at least two years in utilities, supervisory experience, and budgeting responsibilities. • Valid driver’s license in the State of Minnesota • Able to respond to afterhours emergency; physically on site within 30 minutes DESIRABLE QUALIFICATIONS • Registered civil engineer in the State of Minnesota • Commercial Driver’s License (CDL) • Class D Water license, or ability to obtain within two years • Class D Wastewater license, or ability to obtain within two years SUPERVISION RESPONSIBILITIES Supervises Employees in the Public Works Department. Responsible for the overall direction, coordination, and evaluation of associated functions. Carries out supervisory responsibilities in accordance with the policies, procedures and applicable laws of the City. Responsibilities include interviewing; training employees; planning, assigning and directing work; evaluating performance; rewarding and disciplining employees; suspending employees; transferring employees; adjusting grievances; addressing complaints and resolving problems; and the ability to effectively recommend hiring, promotion, demotion and discharge of employees. PHYSICAL REQUIREMENTS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Positions in this class typically require: sitting, feeling, manual dexterity, grasping, talking, and hearing, typing, and seeing. The individual may encounter unexpected and prolonged workdays and stress and pressures from dealing with emotional issues and conflicts. There is sustained exposure to computer keyboards and video screens. This position is light duty and may require the exertion of up to 20 pounds of force on occasion or a negligible amount of force frequently to lift, carry, push, pull or otherwise move objects. 3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900 PLEASE APPLY BY CLOSING DATE: SEND COVER LETTER, RESUME, AND REFERENCES TO: CITY OF LAKE ELMO ATTN: JULIE JOHNSON, CITY CLERK 3800 LAVERNE AVENUE NORTH, LAKE ELMO, MN 55042 OR VIA EMAIL: JJOHNSON@LAKEELMO.ORG PLEASE VISIT OUR WEBSITE AT WWW.LAKEELMO.ORG FOR ADDITIONAL INFORMATION OR CONTACT US AT 651.747.3900 CITY OF LAKE ELMO IS AN EQUAL OPPORTUNITY EMPLOYER MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: April 19, 2016 CONSENT ITEM # 9 AGENDA ITEM: 2016 Crack Seal Project – Receive Contractor Quotes and Award Contract SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Kristina Handt, City Administrator REVIEWED BY: Jack Griffin, City Engineer Mike Bouthilet, Public Works 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: $29,828 Construction Cost. $32,828 Total Cost with Engineering. Crack sealing is an annual budgeted expense covered in the street maintenance budget. The 2016 street maintenance budget for crack sealing and seal coating is $210,000. With the crack sealing bids received on April 8th, the City remains on target with the overall street maintenance budget. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to accept quotes and award a construction contract for the 2016 Crack Seal Project. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: In accordance with the City’s annual street maintenance program, certain streets have been scheduled to be seal coated in 2016 (see attached Location Map and Street List). Best pavement management practices recommend these streets be crack sealed in advance of the seal coat City Council Meeting [Consent Agenda Item 9] April 19, 2016 -- page 2 -- treatment. Therefore, staff has solicited contractor quotes to complete the crack sealing this spring prior to the scheduled seal coat. Quotes were solicited from 4 qualified contractors and 3 quotes were received on April 8, 2016. Gopher State Sealcoat, Inc. submitted the lowest quote of $29,828 for the project. See attached tabulation for a breakdown of the quotes received. The Engineer’s estimate of probable construction cost was $30,000. The project will be funded through the Street Maintenance Fund. The work is required to be completed by May 20, 2016. RECOMMENDATION: Staff is recommending that the City Council consider, as part of the Consent Agenda, accepting the quotes and awarding a construction contract to Gopher State Sealcoat, Inc. in the amount of $29,828 for the 2016 Crack Seal Project. If removed from the consent agenda, the recommended motion for this action is as follows: “Move to accept the quotes and award a Construction Contract to Gopher State Sealcoat, Inc. in the amount of $29,828.00 for the 2016 Crack Seal Project.” ATTACHMENT(S): 1. Project Location Map 2. Street List 3. Quote Tabulation CITY OF LAKE ELMO 2016 SEAL COAT PROJECT - STREET LISTStreet Segment From To Development Length Width CDS Area (SF) Area (SY)53RD ST N EAST SIDE OF FOXFIRE ADDITION KEATS AVE N Arabian Hills 3,070 30 0 92,100.00 10,233.33ISLE AVE N JAMACA AVE N CUL-DE-SAC Springborns Green Acres 2nd 1,500 34 50 58,853.98 6,539.33JANE RD N JAMACA AVE N WEST END Krause Addition 1,021 22 0 22,462.00 2,495.78JANE RD N TURNAROUND TURNAROUND Krause Addition 80 15 0 1,200.00 133.3326TH ST N CSAH 13 (INWOOD AVE) IMPERIAL AVE N Lake Elmo Heights 3rd 2,178 30 0 64,251.00 7,139.0027TH ST N INNSDALE LAKE ELMO HEIGHTS 3RD Lake Elmo Heights 2nd 1,160 33 0 37,932.00 4,214.6727TH ST N CSAH 13 (INWOOD AVE) INNSDALE AVE. N. Lake Elmo Heights 2nd 335 33 0 11,138.75 1,237.6427TH ST N IMPERIAL LAKE ELMO HEIGHTS 3RD Lake Elmo Heights 3rd 312 29 0 9,172.80 1,019.20IMPERIAL AVE N SOUTH STUB 26TH ST Lake Elmo Heights 3rd 409 30 49 19,608.46 2,178.72IMPERIAL AVE N 26TH ST 27TH ST Lake Elmo Heights 3rd 1,204 29 0 35,397.60 3,933.07IMPERIAL AVE N 27TH ST NORTH CUL-DE-SAC Lake Elmo Heights 3rd 794 29 44 29,425.72 3,269.52INNSDALE AVE N CSAH 6 (STILLWATER BLVD) SOUTH CUL-DE-SAC Lake Elmo Heights 353 33 51 19,855.58 2,206.18INNSDALE AVE N 27TH ST SOUTH CUL-DE-SAC Lake Elmo Heights 2nd 575 33 53 27,713.48 3,079.28INWOOD AVE N CSAH 6 (STILLWATER BLVD) NORTH CUL-DE-SAC Eagle Point Creek Estates 370 30 50 17,453.98 1,939.33BIRCHBARK TRL N CHERRY WOOD TRAIL HIDDEN BAY TRAIL Oace Acres 2nd 853 22 0 18,680.70 2,075.63BIRCHBARK TRL N CHERRY WOOD TRAIL SOUTH END Oace Acres 2nd 291 21 0 6,009.15 667.68CHERRYWOOD TRL N BIRCH BARK TRAIL HIDDEN BAY TRAIL Oace Acres 2nd 657 21 0 13,665.60 1,518.40DEER POND TRL N WINDBREAK TRAIL N HIDDENBAY TRAIL Oace Acres 3rd 700 21 0 14,560.00 1,617.78DEER POND TRL N JACK PINE TRAIL END Oace Acres 3rd 263 22 0 5,838.60 648.73DEER POND TRL N WINDBREAK TRAIL JACK PINE TRAIL Oace Acres 3rd 1,187 21 0 25,164.40 2,796.04HIDDEN BAY CT N HIDDEN TRAIL N NORTH END Oace Acres 182 21 0 3,822.00 424.67HIDDEN BAY TRL N WINDBREAK TRAIL N DEER POND TRAIL N Oace Acres 3rd 1,149 22 0 25,278.00 2,808.67HIDDEN BAY TRL N CSAH 13 (OLSON LAKE TRAIL) DEER POND TRAIL N Oace Acres 4th 1,109 21 0 23,621.70 2,624.63HIDDEN BAY TRL N CHERRYWOOD TRAIL N HIDDEN BAY CT Oace Acres 1,338 21 0 27,696.60 3,077.40HIDDEN BAY TRL N CHERRY WOOD TRAIL N BIRCH BARK TRAIL N Oace Acres 2nd 1,627 21 0 34,167.00 3,796.33HIDDEN BAY TRL N HIDDEN BAY CT WINDBREAK TRAIL Oace Acres 204 21 0 4,182.00 464.67JACK PINE TRL N DEER POND TRAIL WINDBREAK TRAIL Oace Acres 3rd 1,069 21 0 22,555.90 2,506.21WINDBREAK TRL N HIDDEN BAY TRAIL JACK PINE TRAIL Oace Acres 3rd 558 20 0 11,160.00 1,240.00WINDBREAK TRL N JACK PINE TRAIL DEER POND TRAIL Oace Acres 3rd 312 22 0 6,801.60 755.73LAKE JANE TRL N IRWIN CT N JAMACA AVE N Three Lakes Farms Addition 1,421 24 0 34,104.00 3,789.33LAKE JANE TRL N IRISH CT N IRWIN CT N Lake Jane Manor 2 1,768 25 0 43,669.60 4,852.18LAKE JANE TRL N CSAH 13 (IDEAL AVE) 42ND ST N Collector 3,348 25 0 82,026.00 9,114.0055TH ST N 57TH ST N NORTH CUL-DE-SAC Judith Mary Manor 465 28 50 19,467.29 2,163.0355TH ST N 57TH ST N SOUTH END JUDITH MARY MANORJudith Mary Manor 1,304 28 0 36,522.11 4,058.0111TH ST N LAVERNE AVE WEST CUL-DE-SAC Tartan Meadows 3rd 318 33 45 16,792.13 1,865.7912TH ST N LEEWARD AVE LAYTON AVE Tartan Meadows 2nd 302 32 0 9,664.00 1,073.7812TH ST N LAVERNE AVE LAYTON AVE Tartan Meadows 3rd 977 32 0 30,775.50 3,419.5012TH ST N WEST CUL-DE-SAC LAVERNE AVE Tartan Meadows 3rd 379 33 46 18,965.11 2,107.23LAVERNE AVE N 11TH ST N 12TH ST N Tartan Meadows 3rd 554 32 0 17,894.20 1,988.24LAVERNE AVE N CSAH 10 (10TH ST N) 11TH ST N Tartan Meadows 3rd 330 32 0 10,659.00 1,184.33LAYTON AVE N CSAH 10 (10TH ST N) 12TH ST N Tartan Meadows 2nd 971 33 0 31,586.63 3,509.63LEEWARD AVE N CSAH 10 (10TH ST N) 12 TH ST N Tartan Meadows 1,035 32 0 33,120.00 3,680.0010TH STREET CT N CSAH 10 (10TH ST) CUL-DE-SAC David Nelson Estates 501 33 53 25,307.63 2,811.96TOTALS38,032 1,100,322122,258 TABULATION OF QUOTES2016 CRACK SEAL PROJECTCITY OF LAKE ELMO, MINNESOTAPROJECT NO. 2016.119 QUOTES RECEIVED BY: APRIL 8 2016, AT 3:00PMITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTALNO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT1ROUT AND SEAL CRACKS 1 LS 30,000.00$ 30,000.00$ 29,828.00$ 29,828.00$ 30,144.42$ 30,144.42$ 34,760.00$ 34,760.00$ TOTAL 30,000.00$ 29,828.00$ 30,144.42$ 34,760.00$ ‐$ Astech Corp.Did Not SubmitFahrner Asphalt Sealers, LLCENGINEER'S ESTIMATE Gopher State Seal Coat, Inc. ACI Asphalt & Concrete, Inc.Project No. 2016.119Tabulation of Quotes for 2016 Crack Seal ProjectPage 1 MAYOR AND COUNCIL COMMUNICATION DATE: 4/19/16 CONSENT ITEM #: 10 MOTION AGENDA ITEM: Zoning Map Amendment to rezone the Inwood Watertower property SUBMITTED BY: Stephen Wensman, Planning Director THROUGH: Kristina Handt, City Administrator REVIEWED BY: Jack Griffin, City Engineer 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 PUBLIC POLICY STATEMENT The Inwood Watertower property is required to be property zoned in order to be in compliance with the grant program supporting a portion of the project’s funding. SUMMARY AND ACTION REQUESTED: City Staff and the Planning Commission are requesting the City Council consider the rezoning of the Inwood Watertower site from RR -Rural Residential Zoning District to PF - Public Facilities Zoning District. Staff and the Planning Commission recommend approval with the following motion: “Move to approve Ordinance 08-134, rezoning of the Inwood Watertower site, PID#28.029.21.42.0003, from the RR – Rural Residential Zoning District to the PF - PF – Public or Semi-Public Zoning District based on the findings presented in the staff report” BACKGROUND AND STAFF REPORT: The City purchased the 1.44 acre parcel for the construction of the Inwood Watertower which is part of the system designed to provide municipal water service to development along the I-94 corridor. The property is presently zoned RR - Rural Residential District. The Watertower is a public facility, and an essential service by definition. According to the Comprehensive Plan, public facilities are guided toward the Public Facilities zoning district. The Planning Commission held a public hearing on April 11, 2016. There was no one from the public at the hearing to speak in favor, nor against the rezoning. There were no emails or phone calls in favor, nor against the rezoning. RECOMMENDATION: City Staff and the Planning Commission recommend approval of the Comprehensive Plan Map Amendment with the following motion: “Move to approve Ordinance 08-134, rezoning of the Inwood Watertower site, PID#28.029.21.42.0003, from the RR – Rural Residential Zoning District to the PF - PF – Public or Semi- Public Zoning District based on the findings presented in the staff report” ATTACHMENT(S): • Ordinance 08-134 • Planning Commission Report and Attachments, April 11, 2016 • Planning Commission Minutes, April 11, 2016 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-134 AN ORDINANCE TO AMEND THE LAKE ELMO CITY CODE BY AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELMO The City Council of the City of Lake Elmo ordains that Lake Elmo City Code, Section 154.032 Zoning District Map, of the Municipal Code, shall be amended by adding Ordinance No. 08-134, as follows: Section 1: Zoning Map Amendment. The following property with the PID# 28.029.21.42.0003 is hereby rezoned from RR – Rural Residential to PF- Public and Semi-Public: The North 250.00 feet of the South 290.00 feet of the west 310.00 feet of the Northwest quarter of the Southeast quarter of Section 28, Township 29 North, Range 21 West, Washington County, Minnesota, which lies Easterly of the East right of way of County State Aide Highway No. 13 per Washington County Highway right of way plat No. 43, Section 28, Township 029, Range 021. Section 3: The City Council of the City of Lake Elmo also hereby ordains that the Zoning Administrator shall make the applicable changes to the official zoning map of the City of Lake Elmo. Section 4: Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. 08-134 was adopted on this 19th day of April 2016, by a vote of __ Ayes and __ Nays. _____________________________ Mike Pearson, Mayor ATTEST: ___________________________ Julie Johnson, City Clerk PUBLIC HEARING ITEM 4c – ACTION ITEM PLANNING COMMISSION DATE: 4/11/16 AGENDA ITEM: 4c – PUBLIC HEARING CASE #2016-11 City of Lake Elmo Planning Department Rezoning to PF Zoning District To: Planning Commission From: Stephen Wensman, City Planner Meeting Date: January 11, 2016 Applicant: City of Lake Elmo Legal Address: The North 250.00 feet of the South 290.00 feet of the west 310.00 feet of the Northwest quarter of the Southeast quarter of Section 28, Township 29 North, Range 21 West, Washington County, Minnesota, which lies Easterly of the East right of way of County State Aide Highway No. 13 per Washington County Highway right of way plat No. 43, Section 28, Township 029, Range 021. PID# 28.029.21.42.0003 Owner: City of Lake Elmo Comprehensive Plan: Public/Park Applicable Regulations: PF Zoning District Regulations City of Lake Elmo Comprehensive Land Use Plan Summary and Request: The City of Lake Elmo is requesting a zoning map amendment to rezone the Inwood Watertower property from Rural Residential to PF – Public or Semi-Public Zoning District. Staff recommends the Planning Commission recommend approval with the following motion: “Move to recommend approval of the rezoning of the Inwood Watertower site, PID#28.029.21.42.0003, from the RR – Rural Residential Zoning District to the PF - PF – Public or Semi-Public Zoning District based on the findings presented in the staff report” Planning Review: 2 PUBLIC HEARING ITEM 4c – ACTION ITEM The City purchased the 1.44 acre parcel for the construction of the Inwood Watertower which is part of the system designed to provide municipal water service to development along the I-94 corridor.. The property is presently zoned RR - Rural Residential District. The Watertower is a public facility, and an essential service by definition. According to the Comprehensive Plan, public facilities are guided toward the Public Facilities zoning district. The definition for essential services is as follows: Overhead, aboveground or underground electrical, gas, steam or water transmission or distribution systems and structures of collection, communication, supply or disposal systems and structures used by public utilities or governmental departments or commissions or as are required for the protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewer pipes, conduits, cables, fire alarm boxes, police call boxes and accessories in connection therewith but not including buildings. The 1.44 acre site and the proposed public infrastructure complies with the requirements of the PF Zoning District. According to the PF District zoning regulations, essential services are exempt from the minimum district requirements for lot size, structure height, setbacks and buffer requirements. Findings for Approval: 1.The rezoning request is consistent with the City of Lake Elmo Comprehensive Plan andzoning ordinances. Recommendation: Staff is recommending that the Planning Commission recommend approval with the following motion: “Move to recommend approval of the rezoning of the Inwood Watertower site, PID#28.029.21.42.0003, from the RR – Rural Residential Zoning District to the PF - PF – Public or Semi-Public Zoning District based on the findings presented in the staff report” Attachments: Ordinance Amendment 08-__ Watertower site Plan CITY COUNCIL DATE: 04/19/2016 CONSENT AGENDA ITEM: 11 ITEM: Home Occupation Definition Amendment REQUESTED BY: Planning Department SUBMITTED BY: Emily Becker, Planner SUBMITTED THROUGH: Kristina Handt, City Administrator REVIEWED BY: Stephen Wensman, Planning Director SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to approve as part of tonight’s consent agenda an amendment of the Home Occupation definitions outlined in Chapter 11: General Code Provisions, Section 11.01: Definitions and Chapter 154: Zoning Code, Section 12, Subsection B.12.e and the addition of a Stock In Trade Definition to Chapter 11: General Code Provisions, Section 11.01: Definitions. If the items are removed from the consent agenda, then Staff recommends the following motion: “Move to approve Ordinance 08-__amending the home occupation definitions of Chapters 154 & 11 of Lake Elmo’s Municipal Code by removing “hairdressing,” limiting stock in trade to 1000 cubic feet, allowing retail sales ancillary to the permitted business, eliminating the word hairdressing, and removing the prohibition of barber shops and beauty salons, and amending Chapter 11, Section 11.0: Definitions of Lake Elmo’s Municipal Code by adding a stock-in-trade definition”. LEGISLATIVE HISTORY/BACKGROUND: The Planning Commission, at request of City Council, reviewed the Home Occupation Definition at its March 14, 2016 meeting and provided comments. Staff revised the definition according to provided comments and presented an amended definition to the Planning Commission during a public hearing, at which no one from the public spoke, at its March 28, 2016 meeting. The Planning Commission approved the revised definition, which limits stock in trade to 1000 cubic feet, allows retail sales ancillary to the permitted business, eliminates the use of hairdressing and replaces it with hair salons serving no more than two customers at a time, and eliminates the specific prohibition of barber shops and beauty shops. The Planning Commission also approved the addition of a Stock In Trade Definition at this meeting. The Planning Commission, though generally supportive of the amended definition, would like to revisit the creation of a Home Occupation Ordinance, as the definition does not set forth certain standards felt necessary for such an accessory use. The Commission was also hesitant to approve the use of the word “equipment” in the Stock In Trade Definition, as it could be interpreted to be prohibitive to certain, otherwise allowed, home occupations if stock in trade is limited. 2 PUBLIC HEARING ITEM __ – ACTION ITEM RECOMMENDATION: Based on the foregoing, Staff and the Planning Commission is recommending approval of an amendment to the Home Occupation Definition and the addition of a Stock In Trade Definition. If the City Council removes the item from the Consent Agenda, Staff recommends the following motion: “Move to approve Ordinance 08-__amending the home occupation definitions of Chapters 154 & 11 of Lake Elmo’s Municipal Code by removing “hairdressing,” limiting stock in trade to 1000 cubic feet, allowing retail sales ancillary to the permitted business, eliminating the word hairdressing, and removing the prohibition of barber shops and beauty salons, and amending Chapter 11, Section 11.0: Definitions of Lake Elmo’s Municipal Code by adding a stock-in-trade definition”. ATTACHMENTS: 1. Draft Ordinance No. 08-__ ORDER OF BUSINESS (if removed from consent agenda): - Introduction ...................................................................................Planning Staff - Report by Staff ..............................................................................Planning Staff - Questions from the Council ......................... Mayor, Chair & Council Members - Discussion by the Council ........................... Mayor, Chair & Council Members - Action by the Council .................................. Mayor, Chair & Council Members 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-135 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES PERTAINING TO HOME OCCUPATIONS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to amend existing definition and amends Chapter 154: Zoning Code; Section 12, Subsection B.12.e to amend existing definition as follows: HOME OCCUPATION. 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, that no stock in trade over 1000 cubic feet is stored on the premises, that no over-the-counter retail sales are involved unless ancillary to the permitted business, and that entrance to the home occupation is or can be gained from within the structure. Uses include professional office, hairdressing hair salons serving no more than 2 customers at a time, or teaching limited to no more than 3 students at any time, and similar other uses which do not create a nuisance as outlined in Chapter 96 of this Code. 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. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to add the following definition: STOCK IN TRADE. Any equipment, merchandise, or materials necessary to or used in a trade or business. LAKE ELMO CITY COUNCIL ______________________________ Mike Pearson, Mayor 2 ATTEST: _______________________________ Julie Johnson, City Clerk This Ordinance 08-135 was published on the ____ day of ___________________, 2016. PUBLIC HEARING ITEM _ PLANNING COMMISSION DATE: 03/28/2016 AGENDA ITEM: __ – PUBLIC HEARING CASE #2015-43 ITEM: Home Occupation Ordinance Amendment REQUESTED BY: Planning Department SUBMITTED BY: Emily Becker, Planner REVIEWED BY: Stephen Wensman, Planning Director SUMMARY: The Planning Commission last reviewed a revised draft of the Home Occupation definition and provided Staff feedback at its meeting on March 14, 2016. Feedback included adding a “stock in trade” definition, limiting the number of hair salon customers to no more than 2 at a time, and allowing some stock in trade and retail sales ancillary to the business. Staff has revised the draft according to feedback with concern of allowing retail sales, as this may increase the number of deliveries and customer visits to the site, both of which are not regulated in the definition. RECOMMENDATION: Staff is recommending the Planning Commission recommend approval of the amendment to the Home Occupation ordinance with the following recommended motion: 1) Move to approve a an ordinance amendment to the home occupation ordinance adding a “stock in trade” definition, limiting the number of hair salon customers to no more than 2 at a time, and allowing some stock in trade and retail sales ancillary to the business. ATTACHMENTS: 1. Draft Ordinance No. 08-__ ORDER OF BUSINESS: - Introduction ...................................................................................Planning Staff - Report by Staff ..............................................................................Planning Staff - Questions from the Commission ....................... Chair & Commission Members - Open the Public Hearing ............................................................................. Chair - Close the Public Hearing ............................................................................ Chair - Discussion by the Commission ......................... Chair & Commission Members - Action by the Commission...................................... Chair & Commission Members 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-__ AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES PERTAINING TO HOME OCCUPATIONS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to amend existing definition and amends Chapter 154: Zoning Code; Section 12, Subsection B.12.e to amend existing definition as follows: HOME OCCUPATION. 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, that no stock in trade over 100 square feet is stored on the premises, that no over-the-counter retail sales are involved unless ancillary to the permitted business, and that entrance to the home occupation is or can be gained from within the structure. Uses include professional office, hairdressing hair salons serving no more than 2 customers at a time, or teaching limited to no more than 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. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to add the following definition: STOCK IN TRADE. Any equipment, merchandise, or materials necessary to or used in a trade or business. LAKE ELMO CITY COUNCIL ______________________________ Mike Pearson, Mayor 2 ATTEST: _______________________________ Julie Johnson, City Clerk This Ordinance 08-__ was published on the ____ day of ___________________, 2016. MAYOR AND COUNCIL COMMUNICATION DATE: 4/19/16 CONSENT ITEM #: 12 MOTION AGENDA ITEM: Comprehensive Plan Map Amendment to Expand Old Village MUSA SUBMITTED BY: Stephen Wensman, Planning Director THROUGH: Kristina Handt, City Administrator REVIEWED BY: Jack Griffin, City Engineer 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 PUBLIC POLICY STATEMENT N/A SUMMARY AND ACTION REQUESTED: City Staff and the Planning Commission are requesting the City Council consider a request by 3 resident petitioners to have their properties be added to the Village MUSA area in order to participate in the City’s Old Village Phase 2 Street and Utility Improvement Project. Staff and the Planning Commission recommend approval with the following motion: “Move to approve Resolution 2016-32 to amend the City’s Comprehensive Wastewater Facilities Plan, adding 3 residential parcels, PID #s 24.029.21.22.0019, 24.029.21.22.0020 and 24.029.21.22.0021, to the Village MUSA area”. BACKGROUND AND STAFF REPORT: The Planning Commission held a public hearing on April 11, 2016 and recommended approval to add the 3 parcels to the Village MUSA area. Stephen Johnson, one of the petitioner’s was in attendance to speak in favor. Prior to approval by the City, City Staff intends to have all three petitioners sign a waiver, waiving their rights to contest future assessments related to the project. The waiver is presently being reviewed by the City Attorney, and signed waivers are anticipated prior to the City Council meeting on April 19, 2016. Comprehensive Plan amendments require a 4/5 vote by the City Council. The Comprehensive Plan Map Amendment is also subject to the Metropolitan Council’s review and approval. The Metropolitan Council has reviewed the proposal and had waived adjacent jurisdictional review. Staff anticipates Metropolitan Council approval as this is a minor amendment. The subsequent Comprehensive Plan Amendment for properties within the MUSA was pulled from the agenda pending further clarification from the Metropolitan Council regarding proper land use designations for properties within the MUSA. RECOMMENDATION: City Staff and the Planning Commission recommend approval of the Comprehensive Plan Map Amendment with the following motion: “Move to approve Resolution 2016-32 to amend the City’s Comprehensive Wastewater Facilities Plan, adding 3 residential parcels, PID #s 24.029.21.22.0019, 24.029.21.22.0020 and 24.029.21.22.0021, to the Village MUSA area”. ATTACHMENT(S): • Planning Commission Report and Attachments, April 11, 2016 • Planning Commission Minutes, April 11, 2016 • Resolution 2016-32 Resolution 2016-32 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016- 32 A RESOLUTION APPROVING AN AMENDMENT TO THE CITY OF LAKE ELMO COMPREHENSIVE PLAN MAP, AMENDING THE OLD VILLAGE MUSA IN THE WASTEWATER FACILITES PLAN. WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, The City of Lake Elmo has established a Comprehensive Plan that provides complication of background data, policy statements, standards, and maps, which help to guide the future physical, social, and economic development of the City; and WHEREAS, three residents have petitioned the city to be added to the Old Village MUSA, PID#s 24.029.21.22.0019, 24.029.21.22.0020 and 24.029.21.22.0021, a copy of which is on file in the City Planning Department; and WHEREAS, the City is presently planning for the Old Village Phase 2 Street and Utility Improvement Project of which the three properties will be included within the project with little to no additional expense to the City; WHEREAS, the City a map of the proposed MUSA expansion was prepared indicating the affected properties to be added to the MUSA of the City; and WHEREAS, the notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.109, and MN State Statute 473.858; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on the matter on April 11, 2016; and WHEREAS, the Lake Elmo Planning Commission has submitted its recommendation of approval to the City Council; and WHEREAS, the City Council considered the said matter at its April 19, 2016 meeting; and NOW, THEREFORE, based on the testimony elicited and the information received, the City makes the following: Findings Resolution 2016-32 1. The expansion of the MUSA and the addition of the three parcels will not add significant additional cost to the City’s Old Village Phase 2 Street and Utility Improvement Project. 2. The property owners have petitioned the City to join the MUSA and the City’s Old Village Phase 2 Street and Utility Improvement Project. 3. The Metropolitan Council has administratively reviewed the amendment has appeared to have no objection and had waived adjacent jurisdictional review. 4. The expansion of the MUSA is consistent with improving the health, safety and welfare of the City of Lake Elmo residents. 5. The said petitioners have waived their rights to appeal the future assessments related to the City’s Old Village Phase 2 Street and Utility Improvement Project. NOW, THEREFORE, BE IT RESOLVED that based on the foregoing, the Lake Elmo City Council does hereby approve the Lake Elmo Comprehensive Map Amendment, expanding the Old Village MUSA, subject to and contingent upon the following: 1. The Metropolitan Council’s approval of the Comprehensive Plan Map Amendment. This resolution was adopted by the City Council of the City of Lake Elmo on this 19 day of April, 2016. _____________________________ Mike Pearson, Mayor ATTEST: ___________________________ Julie Johnson, City Clerk PUBLIC HEARING ITEM __ PLANNING COMMISSION DATE: 3/28/2016 AGENDA ITEM: __– PUBLIC HEARING CASE # 2016-09 ITEM: Public Hearing for Comprehensive Plan Map Amendment SUBMITTED BY: Stephen Wensman, City Planner REVIEWED BY: Emily Becker Jack Griffin SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to consider a Comprehensive Plan Map Amendment request by the City of Lake Elmo to include 3 residential properties in the Village MUSA area and to re-guide parcels in the Village MUSA with the Rural Single Family designation to Urban Low Density with the following motions: “Move to recommend approval of an amendment to the City’s Comprehensive Wastewater Facilities Plan, adding 3 residential parcels, PID #s 24.029.21.22.0019, 24.029.21.22.0020 and 24.029.21.22.0021, to the Village MUSA area,” and “Move to recommend approval to amend the Comprehensive Land Use Plan by reguiding parcels in the Village MUSA with the Rural Single Family designation to Urban Low Density”. GENERAL INFORMATION Applicant: City of Lake Elmo Location: PID #s 24.029.21.22.0019, 24.029.21.22.0020 and 24.029.21.22.0021 Zoning: RS – Rural Single Family District Comprehensive Land Use Designation: Rural Single Family Proposed Land Use Designation: Urban Low Density Deadline for Action: N/A Applicable Code/Plans: Comprehensive Wastewater Facilities Plan Comprehensive Land Use Plan 2 PUBLIC HEARING ITEM __ REVIEW: The City of Lake Elmo is planning for the Old Village Phase 2 Street and Utility Improvement project and three property owners have petitioned the city to be included in the project to hook up to the city’s wastewater system. The three parcels, located at 2915, 2929 and 2945 Lake Elmo Avenue N., are to the south of the current Village MUSA area boundary as depicted on Map 6-1 in the City’s Comprehensive Wastewater Facility Plan. To include the properties in the MUSA, a comprehensive plan map amendment is required. The Phase 2 project will require the reconstruction of Lake Elmo Avenue adjacent to these properties and the inclusion of these parcels easily fits into the existing project. The cost of hooking up to the city system will be paid for by the petitioners. In addition, many of the residential properties in the Old Village Phase 2 Street and Utility Improvement project receiving sewer are guided for Rural Single Family in the Comprehensive Land Use Plan. Rural Single Family is defined as being, “largely serviced by private on-site well and septic systems.” The corresponding land use guide for sewered urban lots is Urban Low Density. Reguiding the Village sewered properties to Urban Low Density will bring the land use designation in conformance with the amended Village MUSA area. Subsequent to the comprehensive plan amendment, the corresponding properties should be rezoned from RS – Rural Single Family to LDR – Urban Low Density Residential. The proposed comprehensive plan map amendments will require a 4/5th affirmative vote by the City Council and approval by the Metropolitan Council. Because this project and the affected properties are more than the ¼ mile distance from an adjacent community the City has been granted a waiver from adjacent community review by the Metropolitan Council as a part of this amendment. RECOMENDATION: Staff recommends that the Planning Commission recommend approval of the comprehensive plan map amendment with the following motions: “Move to recommend approval of an amendment to the City’s Comprehensive Wastewater Facilities Plan, adding 3 residential parcels, PID #s 24.029.21.22.0019, 24.029.21.22.0020 and 24.029.21.22.0021, to the Village MUSA area,” and “Move to recommend approval to amend the Comprehensive Land Use Plan by reguiding parcels in the Village MUSA with the Rural Single Family designation to Urban Low Density”. ORDER OF BUSINESS: - Introduction ........................................................................................ Planning Staff - Report by Staff ................................................................................... Planning Staff - Questions from the Commission ............................ Chair & Commission Members - Open the Public Hearing .................................................................................. Chair - Discussion by the Commission .............................. Chair & Commission Members 3 PUBLIC HEARING ITEM __ ATTACHMENTS: • Comprehensive Wastewater Facility Plan, Map 3-8 before • Comprehensive Wastewater Facility Plan, Map 3-8 after • Proposed MUSA Amendment Map • Comprehensive Land Use Plan, Map 3-3 before • Comprehensive Land Use Plan, Map 3-3 after • Petition from property owners • Location Map 456717 456717 456715 Lake Elmo Sunfish Lake Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GISUser Community Source: Washington County & Metro GIS3-16-165 Proposed Village MUSA Amendment Village MUSA - Proposed Village MUSA - Existing MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: April 19, 2016 CONSENT ITEM #13 AGENDA ITEM: Approve Lawful Gambling Premises Permit for Pull Tab Sales SUBMITTED BY: Julie Johnson, City Clerk THROUGH: Kristina Handt, City Administrator REVIEWED BY: City Attorney’s Office POLICY RECOMMENDER: City Clerk FISCAL IMPACT: City will receive 10% of net proceeds of the gambling operation. SUMMARY AND ACTION REQUESTED: Oakdale Athletic Association is applying for a premises permit to conduct pull tab sales from a staffed booth in the bar area of the Machine Shed Restaurant in Lake Elmo. Management of the Machine Shed has been seeking a partner to conduct pull tab sales, stating that they have experienced a significant loss of business because patrons leave when they realize there are no pull tabs at Machine Shed. In order for the application to be considered by the Gambling Control Board, the City must pass a Resolution approving the application. The Gambling Control Board will then review the application and supporting materials and approve or deny the application. The applicant will then be required, per City ordinance, to provide additional documentation to the City prior to beginning operations. The applicant and the Machine Shed are both hoping to being operations on May 1, 2016. RECOMMENDATION: If removed from the Consent Agenda, staff recommends the following motion: “Motion to adopt Resolution 2016-29 Approving the Lawful Gambling Premises Permit for Oakdale Athletic Association to conduct lawful gambling at the Machine Shed Restaurant located at 8515 Hudson Road, Lake Elmo, Minnesota.” 477630v1 AMB LA515-1 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2016-29 A RESOLUTION APPROVING THE LAWFUL GAMBLING PREMISES PERMIT APPLICATION FOR THE OAKDALE ATHLETIC ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT THE MACHINE SHED RESTAURANT LOCATED AT 8515 HUDSON ROAD, LAKE ELMO, MINNESOTA WHEREAS, the Oakdale Athletic Association is submitting an application to the Minnesota Gambling Control Board for approval of a Premises Permit application to conduct lawful charitable gambling at the Machine Shed Restaurant at 8515 Hudson Road, Lake Elmo, MN; and WHEREAS, the gambling premises is located within the City limits of Lake Elmo, Minnesota; and WHEREAS, the Oakdale Athletic Association is a lawful gambling organization within the City; and WHEREAS, the Oakdale Athletic Association will be responsible for operating and managing the lawful gambling activity at the Machine Shed Restaurant site and will comply with all applicable requirements of city code and state statutes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota that the City Council does hereby approve the issuance of a Premises Permit to the Oakdale Athletic Association to conduct lawful charitable gambling activities at the Machine Shed Restaurant, 8515 Hudson Boulevard, Lake Elmo, Minnesota. Adopted by the City Council of the City of Lake Elmo, Minnesota this 19th day of April, 2016. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk 477630v1 AMB LA515-1 MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: April 19, 2016 CONSENT ITEM #14 AGENDA ITEM: Approve Resolution 2016-30 Authorizing Summary Publication of Ordinance 08-132 amending the 2016 Fee Schedule SUBMITTED BY: Julie Johnson, City Clerk THROUGH: Kristina Handt, City Administrator REVIEWED BY: City Attorney’s Office POLICY RECOMMENDER: City Clerk FISCAL IMPACT: Substantial cost savings on publication of legal notice SUMMARY AND ACTION REQUESTED: The City Council adopted Ordinance 08-132 at the April 5, 2016 Council meeting, amending the 2016 Fee Schedule to include an escrow in sewer connection permits to ensure proper abandonment of septic tanks for properties connecting to City sewer. Publication of the entire fee schedule, which is an attachment to the Ordinance, would be very costly. State statute allows for summary publication of documents containing charts, therefore, staff is requesting approval of Resolution 2016-30 authorizing summary publication of the Ordinance without the attached 8 page chart. RECOMMENDATION: If removed from the Consent Agenda, staff recommends the following motion: “Motion to adopt Resolution 2016-30 Authorizing Publication of Ordinance 08-132 by Title and Summary.” Resolution 2016-27 Page 1 of 2 477802v1 SJS LA515-1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2016-30 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-132 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-132, an ordinance amending the City Code of Ordinances by amending the City’s provisions related to the City Council; and WHEREAS, the Ordinance includes a chart 8 pages in length; and WHEREAS, Minnesota Statutes Section 412.191, subdivision 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the Ordinance; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-132 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-132, which amends the City’s 2016 Fee Schedule to add an escrow to the sewer connection permit to ensure that the septic tank is abandoned properly when a property is connected to City sewer. The full text of Ordinance No. 08-132 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the Ordinance at City Hall for public inspection and that a copy be placed for public inspection at the Lake Elmo Public Library. Dated: April 19, 2016. ___________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk Resolution 2016-27 Page 2 of 2 477802v1 SJS LA515-1 (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member _____________________ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. MAYOR AND COUNCIL COMMUNICATION DATE: 4/19/16 CONSENT ITEM #: 15 MOTION AGENDA ITEM: Free Clean Up Day Collection Fee SUBMITTED BY: Kristina Handt, City Administrator REVIEWED BY: Cathy Bendel, Finance Director BACKGROUND: Each year the City hosts a Clean Up Day for residents. For the last few years it has been held on the second Saturday of June. The city has collected things such as household items, mowers, bicycles, furniture, appliances, mattresses, and carpet. In the last couple years, residents were charged $40 for the first load and $35 for the second load. This included one appliance. Extra appliances, air conditioners and tires had an additional charge. ISSUE BEFORE COUNCIL: Should the City continue to charge residents for dropping off items during Clean Up Day? PROPOSAL DETAILS/ANALYSIS: Clean Up Day will be June 11th this year. The Environmental Committee is proposing to offer Clean Up Day free of charge to residents. They will help staff the event and are looking into accepting electronics and brush as well. FISCAL IMPACT: Over the last few years, fees collected from residents have been in the range of $2,500 to $3,500 for this event. This was used to offset the costs to the City, which have been in the range of $4,500-6,500. Funding from the Washington County Recycling grant had covered the rest. An Environmental Committee volunteer can act as the greeter/screener for the event which will eliminate the need to utilize a paid City staff member for that function. The grant could cover the additional costs this year by reducing the cost of the new resident guide project. It was proposed to be completed by a staff position that was eliminated. Staff would look to complete the project with either an intern or current staff at a lower pay level. OPTIONS: 1) Approve waiving the fee for residents for Clean Up Day 2) Change the fee structure for Clean Up Day 3) Do not make any changes to the fee structure for Clean Up Day 2016 RECOMMENDATION: If removed from the Consent Agenda, staff recommends a Motion to approve waiving the fee for residents for Clean Up Day MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: April 5, 2016 CONSENT ITEM #16 AGENDA ITEM: Fence Encroachment & Maintenance Agreement SUBMITTED BY: Emily Becker, City Planner THROUGH: Kristina Handt, City Administrator REVIEWED BY: Stephen Wensman, Planning Director 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 Fence Encroachment and Maintenance agreement for Matt Schleicher at PID #1302921410038 (11913 32nd St N at Easton Village). 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 fence encroachment and maintenance agreement. The City has received a request to install a fence within a drainage and utility easement. Homeowner and City intend that Homeowner shall be responsible for maintaining, repairing and replacing the fence. LEGISLATIVE HISTORY: The Fence Encroachment and Maintenance Agreement that has been submitted for Council consideration is for a fence and has been reviewed by planning and engineering staff. The proposed fence meets all city code requirements and Staff would have City Council Meeting [Consent Agenda Item] -- page 2 -- otherwise authorize construction of the fence if it did not encroach into a drainage and utility easement owned by the City. BACKGROUND INFORMATION (SWOT): Strengths: The fence encroachment and maintenance agreement is a legal document that all property owners seeking to install fences within drainage and utility easements 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 fence 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 fence encroachment and maintenance agreement for Matt Schleicher to install a fence within a drainage and utility easement to the City.”