HomeMy WebLinkAbout10-17-17 Full Packet updated
NOTICE OF MEETING
City Council Meeting
Tuesday, October 17, 2017 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. September 19, 2017; October 3, 2017
D. Public Comments/Inquiries
E. Presentations
F. Consent Agenda
2. Approve Payment of Disbursements
3. Accept September 2017 Assessor’s Report
4. Accept September 2017 Building Department Report
5. Accept September 2017 Fire Department Report
6. Accept September 2017 Public Works Department Report
7. Approve Fall Newsletter
8. Authorize Issuance of Request for Proposals for Engineering Services
9. Authorize Issuance of Request for Proposals for Landscape Architecture Services
10. Accept Resignation of Public Works Operator Paulson and Authorize Advertising for the position
11. Approve Increase to Lake Elmo Fire Relief Benefit
12. Adopt Firefighter Declaration Resolution – Resolution 2017-108
13. Approve Conditional Use Permit for Increased Accessory Structures, 11459 60th St N – Resolution 2017-116
14. Approve Lake Elmo Lake Improvement Matching Grant
15. Approve Private Development Security Reductions – Village Preserve 2nd Addition and Easton Village 2nd Addition
16. I-94 Lift Station and Sanitary Sewer Improvements – Approve Change Order No. 1
17. Old Village Ph3 Street & Utility Improvements – Approve Change Order 3
18. Old Village Ph3 Street & Utility Improvements – Approve Pay Request No. 4
19. 2017 Mill and Overlay – Approve Compensating Change Order No. 2
20. 2017 Mill and Overlay – Approve Pay Request No. 1 (FINAL)
21. Approve Lions Park Change Order No. 2
G. Regular Agenda
22. Zoning Text Amendment, a Zoning Map Amendment, and a request for CUP to allow a Commercial Boarding
Facility as an accessory use at 10880 Stillwater Blvd N – Ordinance 08-187, Resolution 2017-105
23. 2017 Street Improvements – Assessment Hearing, Adoption of Final Assessment Roll – Resolution 2017-109
24. Inwood Trunk Watermain Improvements – Assessment Hearing, Adoption of Final Assessment Roll – Resolution 2017-110
25. Old Village Ph2 (CSAH 17) Improvements – Assessment Hearing, Adoption of Final Assessment Roll –
Resolution 2017-111
26. Comprehensive Plan Amendment and Concept Plan for Continental Properties – Resolution 2017-112;
Resolution 2017-113
27. Variance for 8130 Hill Trail – Resolution 2017-114; Resolution 2017-115
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
SEPTEMBER 19, 2017
CALL TO ORDER/PLEDGE OF ALLEGIANCE
Mayor Pearson called the meeting to order at 7:02 pm. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, Jill Lundgren
and Christine Nelson Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning Director Becker, Fire Chief Malmquist, and City Clerk Johnson. APPROVAL OF AGENDA
Item 17, “Approve Hire of Four Part Time Firefighters” and Item 18, “Approve Burn Agreement” were moved to the end of the Regular Agenda.
Councilmember Bloyer, seconded by Councilmember Nelson moved TO APPROVE THE
AGENDA AS AMENDED. Motion passed 5 – 0.
ACCEPT MINUTES Minutes of the September 5, 2017 Regular Meeting were accepted as presented.
PUBLIC COMMENTS/INQUIRIES Isaac Nightingale, Tapestry resident and Mounds Park Academy Jr. High Student Council
President, spoke in favor of mountain biking in Sunfish Lake Park.
PRESENTATIONS None CONSENT AGENDA
2. Approve Payment of Disbursements 3. Accept August 2017 Assessor’s Report 4. Accept August 2017 Building Department Report
5. Accept August 2017 Fire Department Report
6. Accept August 2017 Public Works Department Report 7. Approve Safe Assure Contract Renewal 8. Approve Private Development Security Reductions – Inwood PUD 1st & 2nd Additions;
LAKE ELMO CITY COUNCIL MINUTES
SEPTEMBER 19, 2017
Page 2 of 5
9. Approve Easton Village Park LOC Reduction
10. 2017 Seal Coat Project – Pay Request No. 2 (FINAL).
11. Old Village Ph3 Street & Utility Improvements – Approve Pay Request No. 3. 12. 2017 Street Improvements – Change Order No. 2. 13. 2017 Street Improvements – Approve Pay Request No. 3. 14. Inwood Water Tower (No. 4) – Approve Pay Request No. 12.
15. Street Maintenance and Capital Improvement Program – Authorize Geotechnical
Services. 16. Approve Danielson Settlement Agreement 17. Approve Hire of Four Part Time Firefighters 18. Approve Burn Agreement
19. Approve Hire of City Planner
20. Approve Change Order No. 1-Lions Park Improvement Project 21. Approve Appointment of Michelle Whitman to the Human Resources Committee Councilmember Bloyer, seconded by Mayor Pearson moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 5 - 0.
ITEM 22: Royal Golf Development Agreement Planning Director Becker reviewed the proposed Development Agreement, noting conditions to be met by the developer. Jim Johnston spoke on behalf of the developer and asked for removal of
the condition of additional approval from Valley Branch Watershed District in order to speed up
the process. Administrator Handt and City Engineer Griffin commented on the need for Valley Branch approval. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2017-096 APPROVING THE DEVELOPMENT AGREEMENT FOR ROYAL
GOLF CLUB AT LAKE ELMO FINAL PLAT. Motion passed 5 - 0. ITEM 23: Northport Development Agreement
Planning Director Becker reviewed the proposed Development Agreement, noting requirements
added to the standard agreement that are specific to the Northport development. Mayor Pearson, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2017-094 APPROVING THE DEVELOPERS AGREEMENT FOR NORTHPORT. Motion passed 4 – 0 – 1. (Fliflet – abstain)
ITEM 24: Hidden Meadows Denial of Final Plat Extension Planning Director Becker reviewed previous action taken by the City.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO ADOPT
RESOLUTION 2017-094 DENYING A FINAL PLAT EXTENSION REQUEST FOR HIDDEN MEADOWS 2ND ADDITION TO APRIL 30, 2018. Motion passed 4 – 1. (Fliflet – nay)
LAKE ELMO CITY COUNCIL MINUTES
SEPTEMBER 19, 2017
Page 3 of 5
Councilmember Fliflet stated that denying the extension is not in the best interest of the City at
his stage in the process with this developer. ITEM 25: 2017 Street Improvements – Call for Hearing on Proposed Assessment
City Planner Griffin provided a brief update on the project, noting that the City is able to reduce
the initial assessment figures due to favorable construction costs. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPROVE RESOLUTION 2017-100, A RESOLUTION DECLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND CALLING FOR THE
HEARING ON THE PROPOSED ASSESSMENT FOR THE 2017 STREET
IMPROVEMENTS. Motion passed 5 – 0. ITEM 26: Inwood Trunk Watermain Improvements – Call for Hearing on Proposed Assessment
City Planner Griffin reviewed the project scope and the two properties meeting the threshold for assessment.
Councilmember Lundgren, seconded by Councilmember Bloyer, moved TO APPROVE
RESOLUTION NO. 2017-099; A RESOLUTION DECLARING COSTS TO BE ASSESSED,
ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND CALLING FOR THE HEARING ON THE PROPOSED ASSESSMENT FOR THE INWOOD TRUNK WATERMAIN IMPROVEMENTS. Motion passed 5 – 0.
ITEM 27: Old Village Phase 2 (CSAH 17) Improvements – Call for Hearing on Proposed Assessment City Engineer Griffin reviewed final project costs and assessment methodology.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE
RESOLUTION NO. 2017-098; A RESOLUTION DECLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND CALLING FOR THE HEARING ON THE PROPOSED ASSESSMENT FOR THE OLD VILLAGE PHASE 2 STREET, DRAINAGE, AND UTILITY IMPROVEMENTS. Motion passed 5 – 0.
ITEM 28: Preliminary 2018 General Fund and Annual Budget, Tax Levy and Public Hearing Date City Administrator Swanson provided background information on the budget process and noted
adjustments made to the initial draft budget at the direction of the City Council and also due to additional information received.
LAKE ELMO CITY COUNCIL MINUTES
SEPTEMBER 19, 2017
Page 4 of 5
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2017-095 APPROVING 2018 PRELIMINARY GENERAL FUND BUDGET,
2018 PRELMINARY PROPERTY TAX LEVY, AND SETTING PUBLIC HEARING DATE
FOR THE 2018 BUDGET AND 2018 FINAL PROPERTY TAX LEVY FOR TUESDAY, DECEMBER 5, 2017 AT 7:00 P.M. Councilmember Lundgren, seconded by Councilmember Bloyer, moved TO ADD THE
FOLLOWING ITEMS BACK INTO THE 2018 BUDGET: $17,000 FOR CLEAN UP DAY,
INCREASE THE ENVIRONMENTAL COMMITTEE BUDGET TO $2,500 AND INCREASE THE BUDGET FOR THE NEWSLETTER TO $5,000. Motion failed 2 – 2 – 1. (Pearson, Nelson – nay, Fliflet – abstain)
Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO MAINTAIN THE
SAME TAX LEVY IN 2018 AS THE CURRENT YEAR WITH NO INCREASE. Motion failed 2 – 3. (Pearson, Bloyer, Nelson – nay) Primary motion passed 3 – 2. (Fliflet, Lundgren – nay)
ITEM 17: Approve Hire of Four Part Time Firefighters Brief discussion held concerning availability of the applicants.
Councilmember Lundgren, seconded by Councilmember Nelson, moved TO APPROVE A
JOB OFFER TO PAUL JORGENSEN, JEREMY PENMAN, DOMINIC JARA AND LARRY CORNELL AS PART TIME FIREFIGHTERS. Motion passed 5 – 0. ITEM 18: Approve Burn Agreement
Fire Chief Malmquist provided a summary of the agreement and training to be held at the property
Mayor Pearson, seconded by Councilmember Bloyer, moved TO APPROVE THE TRAINING
BURN BUILDING USE AGREEMENT BETWEEN GREGORY MILLER, THE CITY OF
LAKE ELMO AND THE LAKE ELMO FIRE DEPARTMTNER FOR 8139 38TH ST. N., LAKE ELMO. Motion passed 5 – 0.
COUNCIL REPORTS
Mayor Pearson: No report.
Councilmember Nelson: Attended groundbreaking and board meeting for the Sally Manzara Nature Center.
Councilmember Lundgren: Received calls regarding development questions.
Councilmember Bloyer: No report.
Councilmember Fliflet: Thanked those who sent condolence messages for the loss in her family.
LAKE ELMO CITY COUNCIL MINUTES
SEPTEMBER 19, 2017
Page 5 of 5
STAFF REPORTS AND ANNOUNCEMENTS
Administrator Handt: Attended workshop on the St. Croix River regarding water quality and
will share resources from the workshop on the City’s website.
City Clerk Johnson: Working on transitioning tasks to the new Assistant City Administrator.
City Attorney Sonsalla: Working on Royal Golf documents and related negotiations, Northport development. Reported on the hearing in the Rosso case, expecting a decision in 90 days.
Planning Director Becker: New City Planner will start tomorrow.
City Engineer Griffin: No report.
Finance Director Swanson: Available for questions regarding the 2018 budget.
Meeting adjourned at 8:43 pm.
LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________
Julie Johnson, City Clerk
CITY OF LAKE ELMO CITY COUNCIL MINUTES
OCTOBER 3, 2017
CALL TO ORDER/PLEDGE OF ALLEGIANCE
Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet and Christine
Nelson. ABSENT: Councilmember Jill Lundgren. Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning Director Becker, Finance Director Swanson, Public Works Director Weldon, and City Clerk Johnson.
APPROVAL OF AGENDA Item 1, “September 19, 2017 Minutes” was postponed to the next meeting. Item 5, “Approve Revision to Wastewater Incentive Program to Apply to 201 Systems” was moved to follow Item
7 on the Regular Agenda.
Councilmember Fliflet, seconded by Councilmember Bloyer, moved TO APPROVE THE AGENDA AS AMENDED. Motion passed 4 – 0. PUBLIC COMMENTS/INQUIRIES
None
PRESENTATIONS Mike Mazzara of the Lake Elmo Lions presented a check for $20,000 to the City for improvements to Lions Park. Councilmember Fliflet, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION 2017-102 ACCEPTING A DONATION FROM THE LAKE ELMO LIONS. Motion passed 4 – 0.
CONSENT AGENDA 3. Approve Payment of Disbursements
4. Approve Landscaping at Inwood Booster Station
6. Approve Tree City USA Submittal
Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 4 - 0.
LAKE ELMO CITY COUNCIL MINUTES
OCTOBER 3, 2017
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ITEM 7: Financial Plan for Utility Funds City Administrator Handt provided an introduction on the plan, noting that no action is requested
at this time.
Tammy Omdal, Northland Securities, presented the Financial Plan for Utility Funds, reviewing the study approach, conclusions & recommendations, and utility customer numbers. Ms. Omdal stated that the water and sewer funds are in sound financial condition.
ITEM 5: Approve Revision to Wastewater Incentive Program to Apply to 201 Systems City Administrator Handt provided background on the proposed revision to the Wastewater Incentive Program. Brief discussion was held concerning the number of affected properties.
Councilmember Fliflet moved TO SEND THE REVISION TO THE FINANCE
COMMITTEE FOR RECOMMENDATION. Motion died – no second. Mayor Pearson, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2017-107. Motion passed 3 – 1. (Fliflet – nay)
ITEM 8: Enterprise Resource Planning System Finance Director Swanson presented an overview of the RFP process and an analysis of the bids.
Councilmember Nelson, seconded by Councilmember Bloyer, moved TO ADOPT
RESOLUTION NO. 2017-101 APPROVING FORMAL REJECTION OF BS&A SOFTWARE, CIVIC SYSTEMS, LLC, PROFESSIONAL COMPUTER SYSTEMS, CO. AND TYLER TECHNOLOGIES, INC., AND ENTER INTO CONTRACT NEGOTIATIONS WITH ACCELA, WHICH UPON ACCEPTABLE TERMS, TO BEGIN IMPLEMENTATION OF
AN ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM SOLUTION FOR THE CITY
OF LAKE ELMO. Motion passed 4 – 0. ITEM 9: Lakewood Crossing 2nd Addition Developer Agreement
Planning Director Becker reviewed the proposed Developer Agreement, noting a proposed change to the amount of the engineering escrow from $50, 0000 to $10,000. Councilmember Bloyer, seconded by Councilmember Nelson, MOVED TO ADOPT RESOLUTION 2017-104 APPROVING THE DEVELOPER’S AGREEMENT FOR
LAKEWOOD CROSSING 2ND ADDITION PLAT AND PLANNED UNIT DEVELOPMENT
WITH THE ENGINEERING ESCROW REDUCED TO $10,000. Motion passed 3 – 0 – 1. (Fliflet – abstain) ITEM 10: Zoning Text Amendment, Zoning Map Amendment and a Request for CUP to
Allow a Commercial Boarding Facility as an Accessory Use at 10880 Stillwater Blvd. N.
LAKE ELMO CITY COUNCIL MINUTES
OCTOBER 3, 2017
Page 3 of 4
Planning Director Becker presented an overview of the application from Mare Affair for construction of a commercial horse boarding facility, noting the area to be rezoned and the expansion of the feedlot. Discussion held concerning events at the facility and storm water
ponding.
Councilmember Bloyer, seconded by Mayor Pearson, moved TO POSTPONE ITEM 10 TO THE NEXT MEETING. Motion passed 3 – 1. (Fliflet – nay) ITEM 11: Front Yard Setback Variance from Rural Single Family Zoning District
Standards – 8323 Deer Pond Tr. Planning Director Becker presented the variance request to allow for expansion of an attached garage at 8323 Deer Pond Trail.
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT
RESOLUTION 2017-103 APPROVING THE REQUEST FROM BEN OSTARELLO FOR A VARIANCE FROM THE CITY’S RURAL SINGLE FAMILY MINIMUM FRONT YARD SETBACK REQUIREMENTS FOR THE PROPERTY LOCATED AT 8323 DEER POND TRAIL N. Motion passed 4 – 0.
ITEM 12: Snow Removal Policy and Winter Parking Ordinance Public Works Director Weldon reviewed the need for a policy for safe and efficient snow
removal. Discussion was held concerning public/private streets and enforcement of the winter
parking ordinance. Councilmember Nelson, seconded by Mayor Pearson, MOVED TO ADOPT SNOWPLOWING AND ICE CONTROL POLICY AND ORDINANCE #08-189 PROHIBITING PARKING ON ANY PUBLIC STREET FROM NOVEMBER 1ST TO MARCH 31ST BETWEEN THE
HOURS OF 2AM AND 7AM.
Councilmember Fliflet moved TO AMEND THE PRIMARY MOTION TO CHANGE “PRIVATE STREETS” TO “PRIVATE STREETS MARKED WITH BLUE SIGNS AND STREETS IN CIMARRON” AND REMOVE PARAGRAPH 72.03(A) OF THE PROPOSED
ORDINANCE. Motion died – no second. Councilmember Fliflet moved TO STRIKE PARAGRAPH (A) OF THE PROPOSED ORDINANCE AND CHANGE PARAGRAPH (B) TO STATE PARKING “IS RESTRICTED AT ANY TIME SNOW ACCUMULATION REACHES 2 INCHES OR MORE UNTIL
STREET IS CLEARED OF SNOW FROM THE HOURS OF 2AM TO 7AM. Motion died – no second. Primary motion passed 3 – 1. (Fliflet - nay)
LAKE ELMO CITY COUNCIL MINUTES
OCTOBER 3, 2017
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COUNCIL REPORTS
Mayor Pearson: No report
Councilmember Nelson: Attended a tour of the state capitol.
Councilmember Lundgren: Absent
Councilmember Bloyer: No report
Councilmember Fliflet: Suggested staff post notices and agendas at the library for all city
meetings.
STAFF REPORTS AND ANNOUNCEMENTS
Administrator Handt: Reported on a pending judge’s order in the White Bear Lake water level case that could impact Lake Elmo.
City Clerk Johnson: No report
City Attorney Sonsalla: Will attend the LMCIT board meeting, working on Royal Golf agreements and Lakewood Crossing.
Planning Director Becker: No report
Public Works Director Weldon: No report
Meeting adjourned at 8:53 pm.
LAKE ELMO CITY COUNCIL ATTEST: ______________________________
Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk
STAFF REPORT
-- page 1 --
DATE: October 17, 2017
CONSENT
TO: Mayor and City Council
FROM: Amy La Belle, Accountant
AGENDA ITEM: Approve Disbursements in the amount of $982,569.24
REVIEWED BY: Kristina Handt, City Administrator
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.
FISCAL IMPACT: $255,380.05
Claim # Amount Description
ACH $ 73,188.16 Payroll 10/12/17
46526-46585 $ 909,381.08 Accounts Payable 10/17/17
$ 0.00 Accounts Payable (Library Checks) NONE
TOTAL $ 982,569.24
RECOMMENDATION:
If removed from the consent agenda, the recommended motion is as follows:
“Motion to approve the aforementioned disbursements in the amount of $982,569.24.”
ATTACHMENTS:
1. Accounts Payable – check register
STAFF REPORT
DATE: October 17, 2017 CONSENT ITEM #: 3 TO: Lake Elmo City Council FROM: Dan Raboin AGENDA ITEM: Monthly Assessor Report
REVIEWED BY: Kristina Handt, City Administrator
SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly assessor report for September 2017 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.
MONTHLY ACTIVITY:
Property splits/plats – 0 Splits, 0 Plats
Sales collected and viewed – 21
Taxpayer inquiries – 6
Miscellaneous inquiries - 8
Inspections – Residential – 139
Inspections – Commercial - 6
Building permit reviews – 103
Pictures taken – 151
Other work performed included:
• Completion of Residential and Commercial quintile/data entry.
• Monthly meeting with County residential and commercial supervisors.
• When not working in the field/inspections: Computer work includes but not limited to;
data entry for all properties inspected, permit information, sales verification using MLS and other resources, and telephone inquiries.
RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council
accept the September 2017 monthly assessor report.
STAFF REPORT
DATE: October 17, 2017
CONSENT
ITEM #: 5
TO: City Council
FROM: Greg Malmquist, Fire Chief
AGENDA ITEM: Month End Fire Department Update for September 2017 REVIEWED BY: Kristina Handt, City Administrator
ISSUE BEFORE COUNCIL: Review month end activity update from fire department. Advise on any additional information requested.
PROPOSAL DETAILS/ANALYSIS:
We had 44 calls in September.
3 Fire Alarms
1 Building Fire
5 Dispatched and cancelled en route
23 Medicals
1 False Alarm
1 Good Intent
1 Malicious Fire Alarm activation
5 Car accident s with injuries
1 Motor vehicle vs. Pedestrian accident
1 Explosion
1 Car Fire
1 Rescue
44 Total
A command vehicle did not respond on 12 calls for a response rate of 78%. Average response time was
7.7 minutes. 15 calls had 3 or less responders minus the Duty Officer with 6 calls having only 1
personnel on the apparatus.
Department drills for the Month:
#1 – ICS (Incident Command System) Fire ground communications
#2 – Annual physical agility test
Points of Interest:
• Both newly hired part time fire fighters have completed their physical agility tests and are
continuing through the placement process. The paid on call personnel have begun covering
shifts as of the last week of September as they are currently employees and do not need to go
through the hiring process. We are already seeing the benefits of the part time fire fighters in
the short time the shifts have been running.
• One of the benefits of having part time firefighters is that it has freed up Captain Witter to give
more attention to an initiative that will be rolling out sooner than expected now. The program
is called SAFE HAVEN and will impact the entire city. Stay tuned for more information.
• The department hosted a large regional school group of about 40 kids and adults which was well
received and appreciated by all involved.
MAYOR AND COUNCIL COMMUNICATION
DATE: 10/17/2017
CONSENT
ITEM #: 6
AGENDA ITEM: Public Works Director Report
SUBMITTED BY: Rob Weldon, Public Works Director
REVIEWED BY: Kristina Handt, City Administrator
ISSUE BEFORE COUNCIL:
City Council is asked to review and accept, as part of Consent Agenda, a brief description of activities
that have taken place in the Public Works Department in the month of September 2017.
PROPOSAL DETAILS/ANALYSIS:
• Wellhead Protection Plan Mtg w/FOCUS Eng. and Mn Rural Water Assc.
• Northport Development Precon.
• Meet w/ Bolton Menk on Royal Golf Lift Station Generators
• Coordinate repairs to Sunfish Park Entrance gate w/Twin Cities Garage Door
• Salt spreader calibration w/Force America Hydraulics
• Substantial and Pre-wear walk through at Hammes Development
• 1 year warranty walk through on Inwood Ave Watermain and 2016 Street Project
• Inwood Ave Water Tower progress meeting
• Royal Golf Pre-con mtg.
• Sentence to Serve clean-up at Fire Station #2
• Repairs to walking trail in Farms of Lake Elmo
• Street Striping by AAA Striping
• Paving and shouldering of 43rd St, Kimbro Ave, and 31st St.
• Rain Garden cleaning
• Street Patching – 17tons (15th St. N)
• Road shouldering
• Update 2017-2018 snow plow routes and maps
•
RECOMMENDATION:
Base on the activities listed above, City Council is respectfully asked to accept the September 2017
Public Works Report.
STAFF REPORT
DATE: October 17, 2017
DISCUSSION
ITEM #: 7
AGENDA ITEM: Winter 2017-18 newsletter
SUBMITTED BY: Jake Foster, Assistant City Administrator
BACKGROUND: Starting in the spring of 2012, the City printed and distributed a newsletter to residents and business-owners in Lake Elmo called The Source. Due to staff constraints, the newsletter has not been printed since the winter of 2014-2015. Part of the duties of the Assistant City Administrator is to manage City communications, and this newsletter falls under that responsibility.
ISSUE BEFORE COUNCIL: Should the City approve and distribute a new edition of The Source for winter of 2017-18? PROPOSAL DETAILS/ANALYSIS: Staff recommends that the attached draft is approved, and it is authorized to be printed and distributed. Staff also recommends that the newsletter is printed and distributed on a semi-annual basis moving forward. FISCAL IMPACT: The estimated cost of the position the printing, preparation, and mailing of each edition of The Source is $2,000. RECOMMENDATION: Motion to approve the attached draft and to authorize the printing and distribution of The Source newsletter for the winter of 2017-18.
ATTACHMENTS: Draft of The Source for winter 2017-18
Winter 2017-18
City Hall - 3800 Laverne Avenue North - Lake Elmo, Minnesota 55042 (651) 747-3900
2018 Preliminary General Fund Budget
On September 19, 2017, the City Council adopted a 2018
Preliminary General Fund Budget of $4,700,538, which
is an increase of $749,152 or approximately 18.96%
compared the 2017 Adopted General Fund Budget of
$3,951,386.
2018 Preliminary Property Tax Levy
Also on September 19, the City Council approved the 2018
Preliminary Property Tax Levy of $3,626,406, which is an
increase of $675,980, or approximately 22.91% when
compared to the 2017 Final Property Tax Levy. This net in-
crease is attributed to the General Fund proposed request
of $593,771, Debt Service increases of $339,166 and a
decrease in Library Levy of $256,957, which will now be
part of the Washington County system in 2018. The 2018
Preliminary Property Tax Levy adopted by the City Coun-
cil, will be used by Washington County to calculate parcel
specific notices mailed to taxpayers in mid-November. The
2018 Preliminary Property Tax Levy may not be increased,
but could be decreased, as budget work continues before
the December adoption.
2018 Preliminary City Property Tax Rate:
The City’s 2018 Preliminary Property Tax Rate is approxi-
mately 22.60%, compared to 20.02% for the 2017 Final
Property Tax Rate, which is an increase of approximately
12.91%. This lesser increase compared to the property
levy is a result of increased tax capacity within the City
spreading the property tax levy over a larger number of
properties. From 2013 Final to 2018 Proposed, tax ca-
pacity has increased from approximately $11.38 million
to $16.05 million or approximately 40.94%. During that
same time, the tax rate has declined from 27.82% to the
proposed rate of 22.60%, or a decrease of approximately
18.75%. The 2018 tax capacity and tax rate will experi-
ence minor fluctuations as Washington County refines its
Pay 2018 taxing information throughout the year, and will
not become final until early 2018 when the property tax
statements to go out.
2018 Property Tax Levy Impact on a Median Value
Homesteaded Property - City Share of Taxes
For a median valued home of $378,300 that experiences a
change in valuation of approximately 1.19%, to $382,800,
based on information from Washington County, the esti-
mated City share of property taxes for the Preliminary
2018 Property Tax Levy would be $858.88 compared to
$750.88 for the 2017 Final Property Tax Levy. This is an
increase of $108.00, or approximately 14.4% for the es-
timated City share of property taxes. This information is
contingent upon changes in overall valuation, tax capacity,
and the City’s 2018 Final Property Tax Levy.
Public Hearing on 2018 Budget and 2018 Final Tax
Levy - Tuesday, December 5, 2017 at 7:00 p.m.
Scheduled to occur on December 5, 2017 at the Regu-
lar City Council meeting will be the Public Hearing on the
2018 Final Property Tax Levy and 2018 Budget. After the
Public Hearing, the City Council will consider and adopt
the 2018 Final Property Tax Levy, 2018 Budget, and 2018
– 2022 Capital Improvement Plan. If necessary, the City
Council can hold open the Public Hearing for continuation
at the December 19, 2017 Regular City Council meeting,
and upon closure of Public Hearing will consider adoption
of the aforementioned items.
2018 Budget Update
City Hall - 3800 Laverne Avenue North - Lake Elmo, Minnesota 55042 (651) 747-3900
2
Winter 2017-18
WINTER PARKING ORDINANCE
During the October 3, 2017 meeting, the Lake
Elmo City Council approved a new Winter Park-
ing Ordinance. The new ordinance ushers in a
needed procedure that has never been in place
to regulate parking on city streets during the win-
ter months.
With the new ordinance in place, parking is
prohibited on all city streets from November 1st
through March 31st between the hours of
2am and 7am. This gives snowplow operators
the ability to safely plow streets that are free of
cars when the need arises. Many other neigh-
boring communities have similar ordinances that
function well in terms of snow plowing, public
safety and ease of enforcement.
Along with the Winter Parking Ordinance, the
City Council adopted a Snowplowing and Ice
Control Policy. A policy such as this outlines sev-
eral topics that relate to snowplowing operations
and questions that residents may have.
Each of these documents can be viewed on the
city website at www.lakeelmo.org
Inwood Ave Water Tower
Construction of the new Inwood Ave Wa-
ter Tower is in the final stages. The tower
is expected to be online and operational
Fall of 2017. Once complete, the 1 million
gallon tower will provide water to the Inter-
state 94 corridor of the city.
Snow Plowing in Lake Elmo
Winter weather is never a popular subject, especially for
plow operators who are trying to keep roads clear and safe
for traffic. The following are a few tips and information that
will hopefully make winter a little easier for everyone.
• Do not deposit or push snow across any street
(MN State Statute 160.2715)
• Please keep garbage and recycling containers off
the roadway.
• Make sure your mailbox is at its legal height and
properly secured. The city will only replace mail
boxes that are physically hit by city plows.
• Priority will be given to roads with higher amounts
of traffic. Roads serving residential areas and cul-
de-sacs will be plowed secondary.
• Depending on snowfall timing, crews will begin
operations between 2am and 4am.
• Please leave plenty of room when following
plows. These units do frequent turning and
backing. Remember, “If you cannot see their
mirrors, they cannot see you.”
3
Winter 2017-18
Planning & Development Update
Comprehensive Plan 2040
The City is currently undergoing its 2040 Comprehensive Plan Update. The Metropolitan Land Planning
Act requires all cities and counties in the Twin Cities Metropolitan Area (7-counties) to adopt a Compre-
hensive Plan (“Plan”), and to update and amend those plans on a decennial basis. The Plan is required
to comply with the Metropolitan Council’s regional system plans that include transportation (highways and
transit), wastewater services, airports, parks and open space. The Plan update must be submitted to the
Metropolitan Council for review and approval, and the City must adopt it by the end of 2018.
What is a Comprehensive Plan?
A Comprehensive Plan establishes a community’s long-term vision, goals, strategies and policies for guid-
ing future changes and investments. The Plan is intended to serve as a roadmap for the City for the next
20-year planning period. The Lake Elmo Plan Update will address future land uses, housing, economic
development, transportation, parks, trails, open space, natural resources and city services/facilities.
What is the Process?
The process generally involves:
• Review of existing Comprehensive Plan to determine areas to be updated
• Background Report preparation, issue identification, visioning & goal setting
• Identification of specific issues/plan components that need updating
• Facilitation of Advisory Panel (working group), community review and input opportunities
• A comprehensive update of the plan
• Plan review and adoption by the City’s Planning Commission and City Council
City Staff and consulting firm, Swanson Haskamp Consulting, have held a number of meetings and at-
tended a number of events to gain input on the Comprehensive Plan and are currently working on a draft
to present at an open house in late fall. The Comprehensive Plan Advisory Panel, which is comprised of
a group of representatives from City commissions and committees as well as citizen members, have held
monthly meetings since May; two stakeholder meetings regarding land use in the Old Village and South of
10th Street were held over the summer; one open house focusing on rural areas, land use South of 10th
Street and the Old Village was held in August; and many public engagement events including Arbor Day,
Fourth of July Celebration, Farmers Market, Tri-Lakes Ski Show were attended. More information and an
opportunity to fill out a survey can be found at lakeelmoplan2040.com or by stopping at City Hall. Fliers
advertising the next open house will be sent out city-wide.
Development
There are currently 13 developments within the City that have
received at least concept plan approval. Since the beginning
of 2017, three of these developments have received final plat
approval (Hidden Meadows with 26 units; and Southwind of
Lake Elmo with 46 units; Royal Golf of Lake Elmo with 73 of
291 units; and Northport with 36 of 104 units). Gonyea West,
with 279 proposed units, has received Concept Plan approval,
and the City has received an application for a Concept Plan
and Comprehensive Plan Amendment for a 300 unit multi-
family development.
4
Winter 2017-18
After five years of being an independent city library, the
Lake Elmo Library will become part of the Washington
County Library system again at the beginning of the year.
This change allows Lake Elmo residents to now access
resources not only at other Washington County libraries
but also those available in the seven county metro area
through the Metropolitan Library Service Agency (MEL-
SA).
Hours the library is open will also change at the start of the
year. While the overall hours will be reduced from 48 to
40 hours per week, the library will still be open a variety of
hours Monday through Saturday including day time, eve-
ning and weekend hours.
The large meeting room in the rear of the library will still
be available for use by community groups provided their
requested time does not overlap with library programming
in the space. After hours reservations of the space will be
available by contacting city hall.
Lake Elmo library cards will continue to be used until the
end of December. After that patrons will be asked to ob-
tain a Washington County library card. There’s no need to
wait until the beginning of the year, as Washington County
library cards are available to all Lake Elmo residents now
at no charge.
Washington County’s Environmental Center
Lake Elmo Library to Re-join
Washington County Library January 1, 2018
Washington County’s Environmental Center provides
residents with a free and convenient disposal of house-
hold hazardous waste, electronics and recyclables. Proof
of residency, such as a driver’s license, is required. The
Environmental Center is located at 4039 Cottage Grove
Drive in Woodbury.
Household Electronics accepted include cell phones,
computers, monitors, DVD and VCR players, fax ma-
chines, TVs, printers, keyboards, mice, and computer
speakers.
Household hazardous waste accepted include:
• Aerosol cleaners / degreasers / lubricants / starting fluid
• Antifreeze, brake fluid, power steering
• Used cooking oil, bug spray, mothballs, nail polish / re
mover
• Driveway sealer, concrete cleaner, wood preservatives
• Fire Extinguishers, fluorescent lights, household sharps
(see website for details)
• Glue with solvents, roofing tar, kerosene
• Household cleaner, drain cleaner, oven cleaner, spot re
mover
• Insect / roach / ant killer / rodent bait
• Latex and oil-based paint, stain, varnish
• Polish with solvents, paint remover / stripper / thinner
• Pool chemicals, weed killer, fertilizer with weed killer
• Propane tanks, rechargeable batteries, mercury ther
mometers and thermostats
• Transmission oil, gasoline, used motor oil and filters
Washington County’s Environmental Center is also host-
ing a Confidential Paper Shredding Collection on Novem-
ber 8, 2017 from 8 a.m. until 4:30 p.m.
5
Winter 2017-18
Lions Park Ballfield Improvements
Work is progressing on ballfield improvements at Lions
Park. This past summer City Council approved plans to
regrade the existing baseball field in a way that the first
base line runs along the 45th Parellel. Other improve-
ments include new field lighting, dugouts, irrigation and
additional parking.
In addition to the ballfield improvements, a new parking
lot is planned on the northern edge of the park accessible
off 36th St. N. This parking lot will house the hockey rink
during the winter months. The relocating of the hockey
rink is being done to protect the turf and irrigation system
that will be installed in the area the rink was previously
housed.
Are you thinking about starting your own business or
are you currently operating a small business and in-
terested in technical assistance? Washington Coun-
ty has partnered with Lake Elmo and The Metropoli-
tan Consortium of Community Developers (MCCD)
to offer the Open to Business program. This program
provides free one-on-one assistance from MCCD’s
expert staff, customized to meet the specific needs
of each entrepreneur.
Free Technical Assistance
Open to Business will provide prospective and exist-
ing entrepreneurs in Lake Elmo with free one-on-one
counseling with a business advisor. The program
provides assistance in the following areas:
• Business plan development
• Financial management
• Cashflow financial
• Bookkeeping set-up and training
• Loan packaging
• Commercial real estate analysis
• Marketing assistance
• Strategic planning
• Networking & professional referrals
Small Business Loan Program
Open to Business advisors can also assist entrepre-
neurs to identify borrowing needs and accessing fi-
nancing options. Advisors work with clients to help
them find the financing that best meets their own
unique needs. MCCD also provides direct financing
and loans in partnership with banks and nonprofit
lenders. Funds can be used for inventory, working
capital, asset and equipment purchases, real estate
acquisition, and start-up costs.
How it Works
For more information on the services offered or to
schedule an appointment, contact Tyler Hilsabeck at
612-789-8838 or thilsabeck@mccdmn.org
For general information, visit the Open to Business
website at: www.opentobusinessmn.org
Lake Elmo Lions donated $20,000 towards
improvements at Lions Park
6
Winter 2017-18
Fire Department Update
First off, and probably most importantly, staffing the department is proving to be more and more dif-
ficult as it is with other paid-on-call/volunteer fire departments around the country. Thankfully, with
the vision and direction of our City Council, your fire department has been able to hire much needed
part-time fire fighters. This is going to be a work-in-progress as we acclimate to a different way of
working and maximize the benefits of our new staffing dynamic. You will be seeing a lot more of
your fire fighters around town as we increase our Fire Prevention/Fire Education activity and assist
Lake Elmo Public Works with the maintenance of our fire hydrants.
We are also excited to be working on a project that has the potential to benefit every resident of
Lake Elmo. This project, SAFE HAVEN, has been used with great success by neighboring fire
departments. One mission that connects all fire departments is the desire to help and protect our
communities, thus the willingness to not only share, but to assist in the development of our program
by the North Saint Paul Fire Department. We are expecting to roll this program out before the end
of the year.
SAFE HAVEN is a collaborative effort between law enforcement and fire departments to guide citi-
zens through a simple self-assessment in their own homes. SAFE HAVEN also offers follow up op-
tions if requested in the form of basic smoke and carbon monoxide detector checks, battery replace-
ments, and even the possibility of free detectors, batteries, or a basic inspection/walkthrough of your
home, so we can give you basic ideas to help keep you and your family safe. Part of the program
also includes the possibility of free Fire Stop stove top automatic fire extinguishers. As SAFE HAV-
EN is being finalized you will find a “Citizen Request Form” on the Fire Department’s page on City’s
website under the Fire Department Related Information header at: http://www.lakeelmo.org/public-
safety/lake-elmo-fire-department . Please feel free to complete it and send it in now if you think you
could benefit from our help on a more immediate timeline.
In addition to the SAFE HAVEN project, Lake Elmo FD already offers many other services such as
free basic First Aid classes, and a basic CPR instruction program where you can borrow a small kit
that includes an inflatable mannequin and instruction video for self-teaching at home. The kits were
provided by Lake Elmo Rotary.
While we may not want to think about it yet, winter is approaching. Here are some safety tips.
• Stay off the thin ice! MN DNR Ice Safety Tips can be found at:
www.dnr.state.mn.us/safety/ice/index.html
• The State Fire Marshal website provides safety tips regarding Home Heating, Holiday Safety,
Carbon Monoxide and other year around tips. Visit their site at:
https://dps.mn.gov/divisions/sfm/for-families/Pages/fire-facts-tips-what-you-need-to-know.aspx
• Fire Hydrants - Help us help you by keeping fire hydrants clear of snow and other obstructions.
If you are unable to clear the hydrant, please contact the Lake Elmo FD at 651-770-5006
or gmalmquist@lakeelmo.org
As always, remember that safety knows no season and we are here to answer any questions you
may have. Contact us at 651-770-5006 or gmalmquist@lakeelmo.org
7
Winter 2017-18
New City Staff
Emily Becker, Planning Director
Jake Foster started with Lake Elmo as the Assistant City
Administrator in September. Prior to working at the City
he was working at the City of Fridley as a Management
Analyst. Jake will oversee the Human Resources and
Communications functions while providing general ad-
ministration support to the City Administrator.
Ben Prchal started in Lake Elmo as a City Planner in
September. He graduated from the University of Wis-
consin River Falls with a degree in Community Plan-
ning/Land use with a minor in GIS. While in college, he
served on the Stillwater Township Planning Commission,
and worked on a research grant for the Kinnickinnic River
and Watershed. Ben worked for a small Engineering
and Planning firm before coming to Lake Elmo. It has
always been a goal of his to work for a local community,
especially within Washington County, which he has called
home for the past 16 years.
Ben Prchal, City Planner
Jake Foster, Assistant City Administrator
Emily Becker has been with the City of Lake Elmo
in the Planning Department for a little over a year
and half. She previously served as City Planner,
and became Planning Director in August after the
previous Planning Director moved out-of-state.
Emily enjoys working with the City and appreciates
how active Lake Elmo’s residents are.
8
Winter 2017-18
MayorMike Pearson
Council
Justin Bloyer
Julie Fliflet
Jill Lundgren
Christine Nelson
City AdministratorKristina Handt
Internet: www.lakeelmo.org
Email: comments@lakeelmo.org
POLICE-FIRE Emergency: 9-1-1
Non-emergency: (651) 439-9381
A publication of the City of Lake Elmo3800 Laverne Ave. N., Lake Elmo MN 55042 • 651-747-3900
PRSTD STD
US POSTAGE
PAID
PERMIT NO. 19
LAKE ELMO, MN3800 Laverne Ave. N.
Lake Elmo, MN 55042
POSTAL PATRON
LAKE ELMO MN 55042
www.facebook.com/LakeElmoMN
Public Works Contact Info:Winter activities in Lake Elmo Parks
Public Works: 651-747-3940
Emergency:
Monday – Friday: 8:00 a.m. – 4:30 p.m.
City Hall: 651-747-3900
All other hours and weekends,
Washington County Dispatch: 651-439-9381
Are you looking for something to do outdoors
this winter? Below are a few activities you can
enjoy in Lake Elmo City Parks.
• Ice Skating – Lion’s Park has a Hockey and
Pleasure Rink along with a Warming House.
The rinks will open once the weather becomes
cold enough to sustain hard ice. Warming
House hours are 3-9 p.m. Monday-Friday and
12-9 p.m. Saturday-Sunday and days when
school is out.
• Cross Country Skiing/Hiking/Sledding –
Sunfish Lake Park has groomed trails for those
that enjoy skiing, snow shoeing and hiking. You
can also enjoy the park’s sledding hill.
• Sledding – Tablyn Park’s sledding hill is a
popular spot for many to come and test their
skills.
STAFF REPORT
DATE: October 17, 2017
CONSENT
ITEM #: 8
AGENDA ITEM: Request for Proposals for Engineering Services
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: At the September 12th work session, Council reviewed and discussed the city’s current contracts for professional services. Council direct staff to prepare a Request for Proposal (RFP) for engineering services since it has been a number of years since the City has done so. It is generally recommended to do so every 3-5 years. Professional service contracts are not required to follow the competitive bidding procedures. However, many cities do routinely seek bids or proposals as a best management practice. The city can perform its due diligence in reviewing options as services, technology and market conditions change over time.
ISSUE BEFORE COUNCIL: Does the Council approve of the RFP for Engineering Services?
PROPOSAL: A copy of the RFP is included in your packet. It provides the scope of services, proposal requirements, selection criteria and timeline for selection. Proposals would be due November 15th and Council interview of firms could either be held on November 28th (4th Tuesday) or before the regular Council meeting on December 5th. Selection of the firm for a 5 year contract would be made in December with contract approval at the first meeting in January 2018. FISCAL IMPACT: TBD OPTIONS: 1) Approve the RFP for Engineering Services 2) Amend and then Approve the RFP for Engineering Services 3) Do not authorize issuance of an RFP for Engineering Services
RECOMMENDATION: If removed from the consent agenda:
“Move to authorize issuance of RFP for engineering services.” ATTACHMENTS:
• RFP for Engineering Services
Request for Proposals
CONTRACTED GENERAL ENGINEERING
SERVICES
Issued October 18, 2017
DEADLINE—Noon
Wednesday, November 15, 2017
CONTACT: KRISTINA HANDT CITY ADMINISTRATOR 3800 Laverne Ave N Lake Elmo, MN, 55042 (651) 747-3905 khandt@lakeelmo.org www.lakeelmo.org
Introduction The City of Lake Elmo is soliciting proposals from firms interested in providing a wide variety of general engineering services and related technical services. The firm selected will be designated as the City Engineer. The successful applicant will provide these services to the City from January 2018 to December 31, 2022. Services may include, but not be limited, to those
listed in the “scope of services” part of this document.
The City of Lake Elmo shall not be liable for any costs incurred by the firm and/or assigns in responding to this Request for Proposal (RFP), or for any costs associated with discussions required for clarification of items related to this proposal, including any future interviews.
To be considered, one (1) paper copy and one (1) digital copy of a proposal must be received at the City Hall, 3800 Laverne Ave N, Lake Elmo, MN 55042 by Noon on Wednesday, November 15, 2017. The City reserves the right to reject any or all proposals submitted.
Questions regarding this request should be directed to Kristina Handt, City of Lake Elmo, 3800
Laverne Ave N, Lake Elmo, MN 55042 and 651-747-3905 or khandt@lakeelmo.org In order to ensure a fair review and selection process, firms submitting proposals are specifically requested not to make other contacts with the City staff or Councilmembers regarding their proposals.
During the evaluation process, the City reserves the right to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. All materials, including but not limited to paper and digital materials, that are prepared, acquired, created, or utilized to fulfill this Request for Proposal and its objectives shall become
the property of the City of Lake Elmo where allowed by law. Submission of a proposal indicates
acceptance by the firm of the conditions contained in this request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the firm selected.
The City of Lake Elmo reserves the right severally or together to reject any and all submittals, waive any irregularities, reissue all or part of this Request for Proposal, and not award any contract, all at their discretion and without penalty. For the purposes of this agreement, the consultant shall be deemed to be an independent
contractor, and not an employee of the organization. Any and all agents or employees of the firm
or other persons, while engaged in the performance of any work or services required to be performed by the City of Lake Elmo under this agreement, shall not be considered employees of the City of Lake Elmo and any and all actions which arise as a consequence of any act or omission on the part of the firm, its agents, employees or other persons shall in no way be the
obligation or responsibility of the City of Lake Elmo. The consultant, its agents, or employees shall not be entitled to any rights, privileges or benefits of City employees. If, for any reason, in the City’s sole opinion, the firm shall fail to fulfill in a timely and proper manner the obligations under the contract, the City of Lake Elmo shall reserve the right to
terminate the contract by specifying the date of termination in a written notice to the firm at least
thirty (30) calendar days before the termination date. In this event, the firm shall be entitled to just and equitable compensation for any satisfactory work completed. It is anticipated the selection of a firm will be completed by January 2018. The City reserves the right to retain more than one consultant for specific duties.
Scope of Services The City of Lake Elmo is searching for a firm that will provide professional services for engineering. The general work elements shall include, but are not limited to:
A. General and Project Management • Serves as the City’s Engineer. • Takes direction from the City Council and its designated representative. • Assists in planning, coordinating, supervising and evaluating programs, plans, services, equipment and infrastructure.
• Develops and recommends policies and procedures for effective operation of the City
consistent with City policies and relevant laws, rules and regulations and ensures council actions are implemented. • Assists in evaluating public works needs and formulates short and long range plans to meet needs in all areas of Public Works improvements, including streets, water, sewer,
storm drainage, street lights, parks, and buildings. • Assists in the implementation of all water resource functions, including implementation of the Wetland Conservation Act and Storm Water Management Plan as well as tree preservation, screening, and erosion and sediment control as it relates to the MS4 NPDES requirements and Met Council requirements.
• Provides engineering services on projects and oversees project management for the
construction of municipal public works projects. • Reviews land use applications and construction plans for private developments for consistency with City adopted engineering specifications, City policies and relevant, laws, rules and regulations and ensures council actions are implemented.
• Ensures that costs and fees are charged back to development projects; works with the City Finance Director to monitor charges and revenues associated with development projects. • Assists in the planning, layout and design of City parks and trails.
B. Construction Services
• Plan and review construction projects and specifications. • Monitor the construction process for compliance with codes, regulations, standards and with approved plans; assures financial accountability of private projects as they relate to escrows and letters of credit. Provide advice to the City during performance of
construction projects, and shall give consideration and advice to the City during the performance of services, and monitors project budget. • Prepare and/or review construction plans. • Review bids and/or prepare bid tabulations. • Perform construction staking and surveying.
C. Preparation of Engineering Reports and Technical Correspondence • Determine the need for preliminary studies, reviews all preliminary studies for compliance with ordinances, comprehensive plans, engineering standards and financial guidelines including: • Feasibility reports
• Construction inspection
• Creates assessment rolls • Plat review • Utility studies • Traffic studies/signalization/signage/forecasting
• State aid reports • Surface water system analysis and design • Wetland delineation and mitigation • Capital Improvement Program studies • Prepare comments regarding reports, plans and studies of other agencies
• Presents feasibility studies at public meetings
D. City Meetings (including but not limited to the following) • Participates in internal and external meetings involving engineering questions and issues. Attend staff developer review meetings-typically the first and third Tuesdays at
1:00 p.m. • Meets with developers and members of the public on proposed development projects in order to relate the processes and procedures involved with engineering and infrastructure development. Reviews development proposals for conformance with City standards. • Acts as City liaison and representative with other communities and county, state and
federal agencies in areas of responsibility.
• Attends City Council meetings, Council Work Sessions, and other City meetings, as needed. The Council meets on the first and third Tuesdays of each month at 7:00 p.m. E. Response to Constituent Requests and Issues as Directed by Staff • Performs field inspections • Addresses constituent concerns personally and in writing • Be available to the public via phone, email or walk-ins during the general business hours of the City of Lake Elmo (Mon-Fri, 8am-4:30pm) • Makes public presentations
• Provides recommendations to staff and City Council
F. Other Items • Identify opportunities for non-traditional engineering techniques, such as the use of green projects, and other green design, including facilities.
• Work with other engineering firms as desired by the City on specific projects. • Update maps and utility records in coordination with Public Works and Planning staff. • Assist in inventory tracking of public infrastructure through the use of GIS and other means. • Assist with funding solutions for infrastructure projects such as grant and loan
programs.
• Obtain proper approval and documentation from local, state and federal authorities prior to implementing projects. • Identify grant opportunities and write grant proposals as directed by City staff and City Council. •Preparation of water, sewer and stormwater components of Comprehensive Plan update.
Proposal Requirements The City of Lake Elmo expects that, at a minimum, firms must meet the following requirements: (1) Be licensed to provide engineering services in the State of Minnesota (2) Demonstrate experience with public sector engineering of similar size and scope
of the services being requested. (3) Assign the City a licensed engineer who has a minimum of five years of experience with municipal engineering projects. Interested firms are to submit a written proposal to include information directly related to
each of the selection criteria outlined in the Selection Process/Criteria section. At a
minimum, proposal should include the following information and be limited to no more than 25 pages (not including Disclosures and Assurances): (1) Firm name, address, telephone number and contact person. A one-page statement
of your interest and qualifications. (2) A brief description of the scope of similar client relationships, the name of the person responsible for the management and administration of the contract and the name of the employee designated as City Engineer, if different, including address and telephone number.
(3) Familiarity with the City of Lake Elmo.
(4) A description of the firm, including brief history, the number of employees and their discipline, philosophy regarding client service, location, years in business, etc. (5) Resumes of the key personnel who may be assigned to conduct various general
engineering service tasks. (6) An organizational chart identifying team members and their areas of responsibility. (7) Resumes of sub-consultants proposed as project team members. (8) A description of the firm’s philosophy regarding ethics, specifically addressing
conflicts of interests.
(9) The firm’s current and projected workload and its ability to meet schedules. (10) Discussion of the firm’s specific abilities to provide the required professional services outlined in the Scope of Services. (11) Three examples of specific knowledge and expertise including project
management skills and methodology used to monitor project budgets. (12) Three references of other owners for which the firm has provided similar professional services. Reference information must include: (a) Name of Owner (b) Project Name
(c) Contact Person
(d) Address (e) Telephone Number (f) Firm’s key personnel assigned to the referenced project (13) Fee schedule, per staff position, which should list the current hourly rate and annual projections thereafter for 2018 through 2022. Ancillary expenses, such as
overhead (often expressed as a multiple of direct labor costs), mileage, telephone,
Xeroxing, markup for subcontracted services, etc. shall also be included in the second envelope. (14) Other factors that would be helpful in evaluating the consultant (15) Disclosures and Assurances:
a) Applicant Authority: Assurance that the signatory making representations in the proposal on behalf of the proposer has the authority to do so and to bind the firm to a contract. b) Carrier and coverage limits for Errors and Omissions Coverage. c) Conflicts of Interest: Potential conflicts of interest must be disclosed including all
private client work.
a) Firm should provide a proposed contract form Selection Process/Criteria Proposals will be reviewed as indicated in the attached timetable. City staff will determine
which firms are interviewed by the City Council following a review of the proposals submitted. The selection is subject to the following criteria: (1) Demonstrated experience and qualifications of assigned personnel with municipal engineering generally, and specifically the City of Lake Elmo or similarly sized and staffed municipality.
(2) Staff capability to timely execute projects
(3) Performance on similar projects as noted in the proposal requirements section (4) The firm’s policies and practices regarding ethics (5) Providing adequate liability coverage and other mechanisms to control risk.
The oral interview process will consist of each firm responding to five questions which have been provided to each firm in advance of the interview. The period to respond to these five questions will be limited to 20 minutes. Following the 20-minute response to the five questions, follow-up questions, as necessary, will be asked by the City.
Submission
Submit one (1) paper copy and one (1) digital copy of the proposal indicated in the cover letter, to be entitled “RFP for General Engineering Services” on or before Noon on November 15, 2017 to:
Kristina Handt, City Administrator 3800 Laverne Ave N Lake Elmo, MN 55042
The City will not accept proposals by telephone or facsimile. Neither will the City accept submissions after November 15, 2017, even if such contains a postmark dated prior to November 15, 2017.
Schedule of Dates
The following schedule has been established by the City of Lake Elmo for the selection of an engineering firm to provide City engineering services.
Date Description October 18, 2017 Advertise and Mail requests for proposals November 1, 2017 Conduct Q & A session at 10am for representatives from interested firms (City Offices)
November 15, 2017 Proposals are due to City Nov 28/Dec 5 (tentative) Council special meeting(s) to interview firms
December 12, 2017 Council direct staff to negotiate contract with selected firm January 2, 2018 (tentative) City Council to approve a contract with selected firm January 3, 2018 (tentative) Notify all firms of final selection results.
STAFF REPORT
DATE: October 17, 2017
CONSENT
ITEM #: 9
AGENDA ITEM: Request for Proposals for Landscape Architect Services
SUBMITTED BY: Emily Becker, Planning Director
BACKGROUND: At the September 12th work session, Council reviewed and discussed the city’s current contracts for professional services. Council direct staff to prepare a Request for Proposal (RFP) for landscape architect services since it has been a number of years since the City has done so. It is generally recommended to
do so every 3-5 years. Professional service contracts are not required to follow the competitive bidding procedures. However,
many cities do routinely seek bids or proposals as a best management practice. The city can perform its due diligence in reviewing options as services, technology and market conditions change over time.
ISSUE BEFORE COUNCIL: Does the Council approve of the RFP for Landscape Architect Services?
PROPOSAL: A copy of the RFP is included in your packet. It provides the scope of services, proposal requirements, selection criteria and timeline for selection. Proposals would be due November 15th and Council interview of firms could either be held on November 28th (4th Tuesday) or before the regular Council meeting on December 5th. Selection of the firm for a 5 year contract would be made in December with contract approval at the first meeting in January 2018. FISCAL IMPACT: TBD OPTIONS: 1) Approve the RFP for Landscape Architect Services 2) Amend and then Approve the RFP for Landscape Architect Services 3) Do not authorize issuance of an RFP for Landscape Architect Services
RECOMMENDATION: If removed from the consent agenda:
“Move to authorize issuance of RFP for Landscape Architect services.” ATTACHMENTS:
• RFP for Landscape Architect Services
Request for Proposals
CONTRACTED LANDSCAPE ARCHITECTURE
SERVICES
Issued October 18, 2017
DEADLINE—Noon
Wednesday, November 15, 2017
CONTACT: KRISTINA HANDT
CITY ADMINISTRATOR
3800 Laverne Ave N
Lake Elmo, MN, 55042
(651) 747-3905
khandt@lakeelmo.org
www.lakeelmo.org
Introduction
The City of Lake Elmo is soliciting bids from a professional landscape architecture/urban design firm to provide a wide variety of landscape architecture and related technical services. The firm will be designated as the City Landscape Architect. The successful applicant will provide these services to the City from January 2018 to December 31, 2022.
The City of Lake Elmo shall not be liable for any costs incurred by the firm and/or assigns in
responding to this Request for Proposal (RFP), or for any costs associated with discussions
required for clarification of items related to this proposal, including any future interviews.
To be considered, one (1) paper copy and one (1) digital copy of a proposal must be received at
the City Hall, 3800 Laverne Ave N, Lake Elmo, MN 55042 by Noon on Wednesday, November
15, 2017. The City reserves the right to reject any or all proposals submitted.
Questions regarding this request should be directed to Kristina Handt, City of Lake Elmo, 3800
Laverne Ave N, Lake Elmo, MN 55042 and 651-747-3905 or khandt@lakeelmo.org In order to
ensure a fair review and selection process, firms submitting proposals are specifically requested
not to make other contacts with the City staff or Councilmembers regarding their proposals.
During the evaluation process, the City reserves the right to request additional information or
clarifications from proposers, or to allow corrections of errors or omissions.
All materials, including but not limited to paper and digital materials, that are prepared,
acquired, created, or utilized to fulfill this Request for Proposal and its objectives shall become
the property of the City of Lake Elmo where allowed by law. Submission of a proposal indicates
acceptance by the firm of the conditions contained in this request for proposals, unless clearly
and specifically noted in the proposal submitted and confirmed in the contract between the City
and the firm selected.
The City of Lake Elmo reserves the right severally or together to reject any and all submittals,
waive any irregularities, reissue all or part of this Request for Proposal, and not award any
contract, all at their discretion and without penalty.
For the purposes of this agreement, the consultant shall be deemed to be an independent
contractor, and not an employee of the organization. Any and all agents or employees of the firm
or other persons, while engaged in the performance of any work or services required to be
performed by the City of Lake Elmo under this agreement, shall not be considered employees of
the City of Lake Elmo and any and all actions which arise as a consequence of any act or
omission on the part of the firm, its agents, employees or other persons shall in no way be the
obligation or responsibility of the City of Lake Elmo. The consultant, its agents, or employees
shall not be entitled to any rights, privileges or benefits of City employees.
If, for any reason, in the City’s sole opinion, the firm shall fail to fulfill in a timely and proper
manner the obligations under the contract, the City of Lake Elmo shall reserve the right to
terminate the contract by specifying the date of termination in a written notice to the firm at least
thirty (30) calendar days before the termination date. In this event, the firm shall be entitled to
just and equitable compensation for any satisfactory work completed.
It is anticipated the selection of a firm will be completed by January 2018. The City reserves the
right to retain more than one consultant for specific duties.
Scope of Services The City of Lake Elmo is searching for a firm that will provide professional landscape
architecture services. The consultant should demonstrate knowledge pertaining to City processes
and standards. During the period of the contract, the Consultant may be asked to work on one or
a variety of projects as directed by City staff. For each requested task or product, the Consultant
will provide a separate cost quote before proceeding with the work. Each such task or product
will thus be individually authorized before proceeding. The general work elements shall include,
but are not limited to:
A. General and Project Management
• Serves as the City’s Landscape Architect.
• Takes direction from the City Administrator or assigned staff.
• Develops and recommends policies and procedures for effective operation of the City
consistent with City policies and relevant laws, rules and regulations and ensures council
actions are implemented as directed by Staff.
• Reviews land use applications, landscape plans, irrigation plans, and vegetative
maintenance plans for private developments for consistency with City ordinances, the
City’s Landscaping Design Standard Details and Specifications, City policies, and relevant, laws, rules and regulations and ensures council actions are implemented as needed.
• Reviews and calculates costs associated with private developments to ensure proper
securities are acquired per Development Agreements.
• Ensures that costs and fees are charged back to development projects; works with the City Finance Director to monitor charges and revenues associated with development projects.
• Assists in the planning, layout and design of City parks and trails. B. Inspections
• Conducts on-site inspections to ensure compliance with approved landscape and other
applicable plans and prepares punch lists for the developer to complete prior to acceptance of landscaping and other applicable improvements as directed by Staff. C. City Meetings
• Participates in internal and external meetings involving landscape questions and issues.
• Meets with developers and members of the public on proposed development projects in order to relate the processes and procedures involved with landscape requirements of the
City. Reviews development proposals for conformance with City standards.
• Attends other City meetings, as needed.
D. Response to Issues as Directed by Staff
• Performs field inspections
• Makes public presentations as needed
• Provides recommendations to Staff.
• Assists with Ordinance revisions as needed.
E. Other Items
• Identify opportunities for non-traditional landscaping techniques and any applicable ordinance revisions needed.
• Work with other firms as desired by the City on specific projects.
• Identify grant opportunities and write grant proposals as directed by City staff and City Council.
Proposal Requirements The City of Lake Elmo expects that, at a minimum, firms must meet the following requirements:
(1) Hold a valid Landscape Architect License in the State of Minnesota (2) Demonstrate experience with public sector landscape architecture services of similar size and scope of the services being requested. (3) Assign the City a licensed landscape architect who has a minimum of five years
of experience with the public sector.
Interested firms are to submit a written proposal to include information directly related to each of
the selection criteria outlined in the Selection Process/Criteria section. At a minimum, proposal
should include the following information and be limited to no more than 25 pages (not including
Disclosures and Assurances):
(1) Cover letter including contact name, address, phone number and email. A one-page statement of your interest and qualifications. (2) A brief description of the scope of similar client relationships, the name of the person responsible for the management and administration of the contract and the name of the employee designated as City Landscape Architect, if different,
including address and telephone number. (3) Familiarity with the City of Lake Elmo. (4) A description of the firm, including brief history, the number of employees and their discipline, philosophy regarding client service, location, years in business, etc.
(5) Resumes of the key personnel who may be assigned to conduct various general landscape architecture service tasks. (6) An organizational chart identifying team members and their areas of responsibility. (7) Resumes of sub-consultants proposed as project team members.
(8) A description of the firm’s philosophy regarding ethics, specifically addressing
conflicts of interests.
(9) The firm’s current and projected workload and its ability to meet schedules. (10) Discussion of the firm’s specific abilities to provide the required professional services outlined in the Scope of Services. (11) Three examples of specific knowledge and expertise including project
management skills and methodology used to monitor project budgets.
(12) Three references of other owners for which the firm has provided similar professional services. Reference information must include: (a) Name of Owner (b) Project Name
(c) Contact Person
(d) Address (e) Telephone Number (f) Firm’s key personnel assigned to the referenced project (13) Fee schedule, per staff position, which should list the current hourly rate and
annual projections thereafter for 2018 through 2022. Ancillary expenses, such as
overhead (often expressed as a multiple of direct labor costs), mileage, telephone, Xeroxing, markup for subcontracted services, etc. shall also be included in the second envelope. (14) Other factors that would be helpful in evaluating the consultant including an
explanation of what separates your firm from others so much so that the City
should choose you before other applicants (15) Disclosures and Assurances: a) Applicant Authority: Assurance that the signatory making representations in the proposal on behalf of the proposer has the authority to do so and to bind the firm
to a contract.
b) Carrier and coverage limits for Errors and Omissions Coverage. c) Conflicts of Interest: Potential conflicts of interest must be disclosed including all private client work. a) Firm should provide a proposed contract form
Selection Process/Criteria
Proposals will be reviewed as indicated in the attached timetable. City staff will determine
which firms are interviewed by the City Council following a review of the proposals submitted.
The selection is subject to the following criteria:
(1) Demonstrated experience and qualifications of assigned personnel with municipal
landscape requirements generally, and specifically the City of Lake Elmo or
similarly sized and staffed municipality.
(2) Staff capability to timely execute projects (3) Performance on similar projects as noted in the proposal requirements section (4) The firm’s policies and practices regarding ethics (5) Providing adequate liability coverage and other mechanisms to control risk.
The oral interview process will consist of each firm responding to five questions which have
been provided to each firm in advance of the interview. The period to respond to these five
questions will be limited to 20 minutes. Following the 20-minute response to the five questions,
follow-up questions, as necessary, will be asked by the City.
Submission
Submit one (1) paper copy and one (1) digital copy of the proposal indicated in the cover letter,
to be entitled “RFP for General Landscape Architecture Services” on or before Noon on
November 15, 2017 to:
Kristina Handt, City Administrator
3800 Laverne Ave N
Lake Elmo, MN 55042
The City will not accept proposals by telephone or facsimile. Neither will the City accept
submissions after November 15, 2017, even if such contains a postmark dated prior to November
15, 2017.
Schedule of Dates
The following schedule has been established by the City of Lake Elmo for the selection of a
landscape architecture firm to provide City landscape architecture services.
Date Description
October 18, 2017 Advertise and Mail requests for proposals November 1, 2017 Conduct Q & A session at 10am for representatives from
interested firms (City Offices)
November 15, 2017 Proposals are due to City Nov 28/Dec 5 (tentative) Council special meeting(s) to interview firms
December 12, 2017 Council direct staff to negotiate contract with selected firm January 2, 2018 (tentative) City Council to approve a contract with selected firm
January 3, 2018 (tentative) Notify all firms of final selection results.
STAFF REPORT
DATE: October 17, 2017
CONSENT
ITEM #: 10
AGENDA ITEM: Accept resignation of Mathew Paulson, and authorize Public Works Operator posting
SUBMITTED BY: Jake Foster, Assistant City Administrator
BACKGROUND: Public Works Operator, Mathew Paulson, submitted his resignation on October 9th. His last day with the City will be October 19th. His position will need to be refilled. ISSUE BEFORE COUNCIL: Should the Council accept Mathew Paulson’s resignation and authorize staff to advertise for a Public
Works Operator replacement? PROPOSAL: Staff recommends accepting Mathew Paulson’s resignation, and authorizing staff to advertise for a Public Works Operator to replace Paulson to maintain the current FTE count for the Public Works Department.
FISCAL IMPACT: The pay rate offered for a probationary Public Works Operator III is $22.70 per the union contract.
RECOMMENDATION: If removed from the consent agenda:
“Move to accept Mathew Paulson’s resignation and authorize staff to advertise for a Public Works Operator replacement.” ATTACHMENTS: Job posting
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 Operator
SALARY: $22.70-27.18/hr.
ANTICIPATED HIRING RANGE: $22.70-25.62/hr.
OPENING DATE: 10/18/17
CLOSING DATE: 11/2/17
POSITION TITLE: Public Works Operator
DEPARTMENT: Public Works
ACCOUNTABLE TO: Public Works Director/Lead Worker
Primary Objective of Position This position is generally not responsible for any regular direct supervision of other employees. This position will be responsible for providing general work direction to other employees as asked by the Public Works Director or Lead Worker.
Essential Functions of the Position Public Works Operator provides skilled operations and maintenance of City infrastructure (water, sewer, parks and streets) and equipment.
Knowledge, Skills and Abilities:
• General knowledge of materials, methods and techniques used to successfully repair and maintain public streets, storm sewer system, sanitary sewer collection system, and a water supply and distribution system. • General knowledge of general equipment maintenance and repair techniques.
• General knowledge of the practices, procedures, equipment, and materials used in Public Works maintenance and construction work.
• General knowledge of safe operation, maintenance, servicing, and repair of various vehicles, and the ability to operate equipment in a skillful manner. • General knowledge in welding and cutting equipment in a safe manner.
•
3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900
General knowledge of electricity, pumps, motors and generators.
• General experience operating heavy equipment in maintenance or construction work, including underground sewer, water, and/or storm sewer utilities, streets and parks or applicable related experience.
• Manage projects and tasks as directed.
• Ability to read infrastructure maps and engineering record drawings for the purpose of locating and marking underground utility mains and laterals.
• Ability to understand and follow oral and written instructions.
• Ability to communicate effectively and tactfully with the public and City staff. Ability to establish and maintain effective relationships with others.
• Ability to learn new job skills and work tasks as assigned.
• Ability to work independently or as a group.
Minimum Qualifications
• High School Diploma or GED
• Must have Commercial Driver’s License, Class B driving privileges with air brakes and a good driving record.
• Must demonstrate proficient verbal and written communication skills.
• Must demonstrate equipment operator skills and knowledge of safety procedures
• Process basic computers skills
• Possess or ability to obtain CDL-A, Class D Water Operator, Class D/SD Wastewater Operator
Physical Requirements Occasionally exertion of force in excess of 50 and/or up to 100 pounds to move objects or equipment accessories is required. Must be able to exert 20-50 pounds of force frequently to move objects. Must be able to climb ladders in excess of 120 feet and descend into and work inside confined spaces. Occasional exposure to caustic material, annoying odor, grease/grime and repetitive movement.
Working Conditions
This position must be able to respond to afterhours emergency; physically onsite within 30
minutes. Most work is performed in a field environment involving working inside and outside of vehicles and in confined spaces. Seasonal conditions can include excessive heat or cold. Conditions can include working in wet, muddy, slippery or dusty and windy conditions. PLEASE APPLY BY CLOSING DATE: 11/2/17
SEND COVER LETTER, RESUME, LAKE ELMO APPLICATION AND REFERENCES TO: CITY OF LAKE ELMO ATTN: Jake Foster, ASSISTANT CITY ADMINISTRATOR 3800 LAVERNE AVENUE NORTH, LAKE ELMO, MN 55042 PLEASE VISIT OUR WEBSITE AT WWW.LAKEELMO.ORG FOR ADDITIONAL INFORMATION/APPLICATION OR CONTACT US AT 651.747.3900
3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900
CITY OF LAKE ELMO IS AN EQUAL OPPORTUNITY EMPLOYER
STAFF REPORT
DATE: October 17, 2017
CONSENT
Item #: 11
TO: City Council
FROM: Steve Rutkowski, Relief Association President
AGENDA ITEM: Disscussion on raising the Relief Association Annual Benefit
REVIEWED BY: Relief Association Board
BACKGROUND: The Lake Elmo Relief Association has not had a Pension increase for over 10yrs. Tautges has provided the projections for the Relief Association and Hilde has provided the 2017 Auxuarial Report for both the Relif Association and City of Lake Elmo.
ISSUE BEFORE COUNCIL: Review the recommendation of the Relief Association Board to increase the annual retirement benefit and determine if the proposed increase can be supported by the fund based on the provided documentation. PROPOSAL DETAILS/ANALYSIS: We are currently invested at 151.11% with a Pension rate of $3,400. The Relief Association would like to increase to $5,000 which the Pension Fund would be vested at 115%. Which is 10% higher than the State Standards of 105%. FISCAL IMPACT: Based on the projections of Tautges there will not be a Fiscal impact to the City of Lake Elmo unless the Funds are below 105%, (as reqired by Sate Statue) which has not happened in over 10 years.
OPTIONS: 1) Support the recommendations of the Releif Association Board for the benefit increase.
2) Do not support the recommendations of the Releif Association Board for the benefit increase.
RECOMMENDATION: If removed from the consent agenda: “Motion to approve an increase in the annual retirement benefit for Lake Elmo Fire Relief to $5,000.” ATTACHMENTS: • The SC-17 Form which is a report that the audit provides for that the Relief Association Funds can be maximized to which shows $8,000.
• The Active member form shows active members and in red what different dollar amounts and the effects of funding percentages.
• The calculation form shows todays funding percentage which is at 151.11%.
• 2016 Fire Relief Audit
4810 White Bear Parkway, St. Paul, MN, 55110 651.426.7000 www.redpathcpas.com
June 27, 2017 Steve Rutkowski Lake Elmo Firefighters Relief Association
3510 Laverne Ave Lake Elmo, MN 55042 Dear Steve:
Transmitted herewith are two (2) copies of the following reports for the Lake Elmo Firefighters Relief Association for the year ended December 31, 2016:
Annual Financial Report
Legal Compliance Audit Report
Internal Control Report
Communication With Those Charged With Governance
We have submitted the reports listed above to the Office of the State Auditor. We will complete the 2016 FIRE form and we will send you confirmation of receipt and a copy of the form once it is submitted to the OSA. The Association must electronically sign
the form no later than June 30, 2017. Thank you for the opportunity to be of service. If you have questions or need additional information, please advise.
Sincerely, REDPATH AND COMPANY, LTD.
Peggy Moeller, CPA
PM/aer
LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION ANNUAL FINANCIAL REPORT December 31, 2016
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LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION
TABLE OF CONTENTS
Page
Number
Board of Trustees 3
Independent Auditor's Report 7
Basic Financial Statements:
Government-Wide and Fund Financial Statements:
Statement of Net Position and Governmental Fund Balance Sheet - General Fund Statement 1 12
Statement of Activities and Governmental Fund Revenues, Expenditures and
Changes in Fund Balance - General Fund Statement 2 13
Fiduciary Fund Financial Statements:
Special Fund - Pension Trust Fund:
Statement of Plan Net Position Statement 3 14
Statement of Changes in Plan Net Position Statement 4 15
Notes to Financial Statements 17
Special Fund - Pension Trust Fund:
Schedule of Changes in the Net Pension Liability and Related Ratios Statement 5 32
Schedule of Investment Returns Statement 6 33
Report on Internal Control 37
Minnesota Legal Compliance Report 39
Schedule of Findings and Responses 41
INTRODUCTORY SECTION
FINANCIAL SECTION
OTHER REQUIRED REPORTS
REQUIRED SUPPLEMENTARY INFORMATION
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INTRODUCTORY SECTION
1
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2
LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION
BOARD OF TRUSTEES
December 31, 2016
Term Expires
President:
Steve Rutkowski March, 2017
Vice President:
Nick Witter March, 2017
Secretary:
Mike Cornell March, 2017
Treasurer:
Brian Hauser March, 2017
Trustee:
Larry Cornell March, 2017
Alex Hilpisch March, 2017
Ex-Officio Trustees:
Jill Lundgren
Cathy Bendall
Greg Malmquist
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4
FINANCIAL SECTION
5
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4810 White Bear Parkway, St. Paul, MN, 55110 651.426.7000 www.redpathcpas.com
INDEPENDENT AUDITOR'S REPORT To the Board of Trustees Lake Elmo Firefighters Relief Association Lake Elmo, Minnesota We have audited the accompanying financial statements of the governmental activities, each major fund, and the fiduciary fund information of the Lake Elmo Firefighters Relief Association as of and for the year ended December 31, 2016, and the related notes to the financial statements, which collectively comprise the Lake Elmo Firefighters Relief Association’s basic financial statements as listed in the table of contents.
Management’s Responsibility for the Financial Statements
Management is responsible for the preparation and fair presentation of these financial statements
in accordance with accounting principles generally accepted in the United States of America;
this includes the design, implementation, and maintenance of internal control relevant to the
preparation and fair presentation of financial statements that are free from material misstatement,
whether due to fraud or error.
Auditor’s Responsibility
Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
7
Opinions
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund and the fiduciary fund information of the Lake Elmo Firefighters Relief Association, as of December 31, 2016, and the respective changes in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America.
Report on Summarized Comparative Information
We have previously audited the Lake Elmo Firefighters Relief Association’s 2015 financial statements, and we expressed an unmodified audit opinion on the respective financial statements of the governmental activities, each major fund, and the fiduciary fund information in our report dated April 12, 2016. In our opinion, the summarized comparative information presented herein as of and for the year ended December 31, 2015 is consistent, in all material respects, with the audited financial statements from which it has been derived.
Other Matters
Required Supplementary Information
Management has omitted the management’s discussion and analysis that accounting principles
generally accepted in the United States of America require to be presented to supplement the
basic financial statements. Such missing information, although not a part of the basic financial
statements, is required by the Governmental Accounting Standards Board, who considers it to be
an essential part of financial reporting for placing the basic financial statements in an appropriate
operational, economic, or historical context. Our opinion on the basic financial statements is not
affected by this missing information.
Accounting principles generally accepted in the United States of America require that the
Schedule of Changes in the Net Pension Liability and Related Ratios and Schedule of Investment
Returns on pages 32 and 33, be presented to supplement the basic financial statements. Such
information, although not a part of the basic financial statements, is required by the
Governmental Accounting Standards Board, who considers it to be an essential part of financial
reporting for placing the basic financial statements in an appropriate operational, economic, or
historical context. We have applied certain limited procedures to the required supplementary
information in accordance with auditing standards generally accepted in the United States of
America, which consisted of inquiries of management about the methods of preparing the
information and comparing the information for consistency with management’s responses to our
inquiries, the basic financial statements, and other knowledge we obtained during our audit of
the basic financial statements. We do not express an opinion or provide any assurance on the
information because the limited procedures do not provide us with sufficient evidence to express
an opinion or provide any assurance.
8
Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the Lake Elmo Firefighters Relief Association’s basic financial statements. The introductory section is presented for purposes of additional analysis and is not a required part of the basic financial statements. The introductory section has not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on it.
REDPATH AND COMPANY, LTD. St. Paul, Minnesota June 26, 2017
9
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10
BASIC FINANCIAL STATEMENTS
11
LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION
STATEMENT OF NET POSITION AND Statement 1
GOVERNMENTAL FUND BALANCE SHEET
GENERAL FUND
December 31, 2016
Balance Adjustments Statement
Sheet (Note 1E) of Net Position
Assets:
Cash and investments $50,087 $ - $50,087
Total assets $50,087 $0 $50,087
Liabilities $ - $ - $ -
Fund balance/net position:
Fund balance:
Unassigned 50,087 (50,087) -
Total liabilities and fund balance $50,087
Net position:
Unrestricted 50,087 50,087
Total net position $50,087 $50,087
The accompanying notes are an integral part of these financial statements.
12
LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION
STATEMENT OF ACTIVITIES AND Statement 2
GOVERNMENTAL FUND REVENUES, EXPENDITURES AND
CHANGES IN FUND BALANCE
GENERAL FUND
For The Year Ended December 31, 2016
Statement of
Revenues,
Expenditures
and Changes in Adjustments Statement
Fund Balance (Note 1E) of Activities
Expenditures/expenses:
Fundraising $2,566 $ - $2,566
Member appreciation dinner 4,706 - 4,706
Miscellaneous 528 - 528
Donations 3,000 - 3,000
Total expenditures/expenses 10,800 0 10,800
Program revenues:
Fundraising 1,858 - 1,858
Donations 832 - 832
Total program revenues 2,690 0 2,690
Net program revenue/(expense)(8,110)0 (8,110)
General revenues:
Investment earnings 3 - 3
Miscellaneous 120 - 120
Total general revenues 123 0 123
Revenues over (under) expenditures (7,987) 7,987 -
Change in net position - (7,987) (7,987)
Fund balance/net position:
Beginning of year 58,074 - 58,074
End of year $50,087 $0 $50,087
The accompanying notes are an integral part of these financial statements.
13
LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION
STATEMENT OF PLAN NET POSITION Statement 3
SPECIAL FUND - PENSION TRUST FUND
December 31, 2016
With Comparative Amounts for December 31, 2015
2016 2015
Assets:
Cash and investments $1,078,579 $989,120
Supplemental receivable - 3,000
Total assets 1,078,579 992,120
Liabilities:
Accounts payable 3,133 28,492
Total liabilities 3,133 28,492
Net position restricted for pensions $1,075,446 $963,628
The accompanying notes are an integral part of these financial statements.
14
LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION
STATEMENT OF CHANGES IN PLAN NET POSITION Statement 4
SPECIAL FUND - PENSION TRUST FUND
For The Year Ended December 31, 2016
With Comparative Amounts for The Year Ended December 31, 2015
2016 2015
Additions:
Contributions:
State of Minnesota $59,136 $58,166
State of Minnesota - supplemental benefit - 3,000
Total contributions 59,136 61,166
Investment income:
Net appreciation (depreciation) in fair value of investments 54,625 (64,663)
Dividends and interest 27,804 30,677
Management fees (12,328) (14,254)
Total investment income 70,101 (48,240)
Total additions 129,237 12,926
Deductions:
Pension benefits:
Regular - 188,582
Supplemental - 3,000
Audit, accounting and actuary 13,483 9,375
Salaries and wages 3,900 3,900
Office supplies/miscellaneous 36 39
Total deductions 17,419 204,896
Net change in net position 111,818 (191,970)
Net position restricted for pensions - January 1 963,628 1,155,598
Net position restricted for pensions - December 31 $1,075,446 $963,628
The accompanying notes are an integral part of these financial statements.
15
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16
LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION NOTES TO FINANCIAL STATEMENTS December 31, 2016
Note 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The accounting policies of the Lake Elmo Firefighters Relief Association (the Association) conform to accounting principles generally accepted in the United States of America applicable to governmental units. The following is a summary of the significant accounting policies. A. FORM OF GOVERNMENT
The Association was incorporated in 1964. It operates under the provisions of Minnesota Laws 1951 Chapter 550, Minnesota Statutes Section 317, as amended. It is governed by a board of nine members. Six of the board members are elected by the members of the Association and three are appointed by the
City as members of the Board. The mayor, clerk and fire chief of the City of Lake Elmo are ex-officio members of the Board of Trustees.
B. FINANCIAL REPORTING ENTITY In accordance with the GASB pronouncements and generally accepted accounting principles, the
financial statements of the reporting entity include those of the Association (the primary government) and its component units. The Association does not have any component units.
C. GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS The government-wide financial statements (i.e., the statement of net position and the statement of
activities report information on all of the nonfiduciary activities of the primary government and its component units. Governmental activities, which are supported by dues and contributions, are reported separately from fiduciary-type activities.
The statement of activities demonstrates the degree to which the direct expenses of a given function are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function. Program revenues include 1) dues from members and 2) contributions that are restricted to
meeting the operational or capital requirements of the Association. Investment income is not included among program revenues and is reported instead as general revenues.
Separate financial statements are provided for the governmental fund. D. MEASUREMENT FOCUS, BASIS OF ACCOUNTING AND FINANCIAL STATEMENT
PRESENTATION The government-wide financial statements are reported using the economic resources measurement
focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are
recorded when a liability is incurred, regardless of the timing of related cash flows. Dues are recognized as revenues in the year for which they are assessed. Contributions and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met.
17
LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION NOTES TO FINANCIAL STATEMENTS December 31, 2016
Governmental fund financial statements are reported using the current financial resources measurement
focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the
Association considers all revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting.
Intergovernmental revenues and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. All other revenue items are considered to be measurable and available only when cash is received by the
Association. The Association reports the following major governmental fund:
General Fund - accounts for all financial resources except those required to be accounted for in the Special Fund.
Additionally, the Association reports the following fund type: Fiduciary Fund – the Pension Trust Fund accounts for financial resources to be used exclusively for
the payment and administration of the Association’s pension relief.
E. RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS
In the fund financial statements, the governmental funds are reported using the modified accrual basis of accounting. Under this method, governmental funds report only current assets and current liabilities. In
the government-wide financial statements, all funds are reported using the accrual basis of accounting. The governmental funds of the Association do not have any long-term assets or liabilities. Therefore, no reconciling terms are noted.
F. INVESTMENTS
Investments are stated at fair value. G. USE OF ESTIMATES The preparation of financial statements in accordance with accounting principles generally accepted in the United States of America (GAAP) requires management to make estimates that affect amounts reported in financial statements during the reporting period. Actual results could differ from such
estimates.
18
LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION NOTES TO FINANCIAL STATEMENTS December 31, 2016
H. FUND BALANCE CLASSIFICATIONS In the fund financial statements, governmental funds report fund balance in classifications that disclose constraints for which amounts in those funds can be spent. These classifications are as follows:
Nonspendable - consists of amounts that are not in spendable form, such as prepaid items.
Restricted - consists of amounts related to externally imposed constraints established by creditors,
grantors or contributors; or constraints imposed by state statutory provisions.
Committed - consists of internally imposed constraints. These constraints are established by
Resolution of the Board.
Assigned - consists of internally imposed constraints. These constraints reflect the specific purpose for which it is the Association’s intended use. These constraints are established by the Association’s
Board.
Unassigned - is the residual classification for the general fund.
I. COMPARATIVE TOTALS
The basic financial statements include certain prior-year summarized comparative information in total but not at the level of detail required for a presentation in conformity with generally accepted accounting principles. Accordingly, such information should be read in conjunction with the Association’s financial
statements for the year ended December 31, 2015, from which the summarized information was derived.
Note 2 CASH AND INVESTMENTS A. DEPOSITS
Minnesota Statutes require that all deposits of the Association be protected by insurance, surety bond, or collateral. The market value of the collateral pledged must equal 110% of the deposits not covered by insurance or bonds. Minnesota Statutes require that securities pledged as collateral be held in
safekeeping by the treasurer or in a financial institution other than that furnishing the collateral. Custodial Credit Risk – Deposits. Custodial credit risk is the risk that in the event of a bank failure, the Association’s deposits may not be returned to it. State statutes require that insurance, surety bonds or collateral protect all Association deposits. The market value of collateral pledged must equal 110% of deposit not covered by insurance or bonds.
At December 31, 2016, the carrying value and bank balance of the Association’s deposits was $135,946, all of which was covered by FDIC.
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LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION NOTES TO FINANCIAL STATEMENTS December 31, 2016
B. INVESTMENTS 1. Minnesota Statutes 424A.095 and 356A.06, subdivision 6 and 7 authorize the Association to invest in the following: A) Securities generally. The covered pension plan has the authority to purchase, sell, lend, or exchange the securities specified in paragraphs (B) to (J), including puts and call options and future contracts traded on a contract market regulated by a governmental agency or by a financial institution regulated by a governmental agency. These securities may be owned as units in commingled trusts that own the securities described in paragraphs (C) to (I), including real estate investment trusts and insurance company commingled accounts, including separate
accounts. B) Government obligations. The covered pension plan may invest funds in governmental bonds, notes, bills, mortgages, and other evidences of indebtedness if the issue is backed by the full
faith and credit of the issuer or the issue is rated among the top four quality rating categories by a nationally recognized rating agency. The obligations in which funds may be invested under this paragraph include guaranteed or insured issues of (1) the United States, its agencies, its
instrumentalities, or organizations created and regulated by an act of Congress; (2) Canada and its provinces, provided the principal and interest is payable in United States dollars; (3) the states and their municipalities, political subdivisions, agencies, or instrumentalities; (4) the International Bank for Reconstruction and Development, the Inter-American Development
Bank, the Asian Development Bank, the African Development Bank, or any other United States government sponsored organization of which the United States is a member, provided the principal and interest is payable in United States dollars.
C) Corporate obligations. The covered pension plan may invest funds in bonds, notes, debentures, transportation equipment obligations, or any other longer term evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United
States or any state thereof, or the Dominion of Canada or any province thereof if they conform to the following provisions:
1) The principal and interest of obligations of corporations incorporated or organized under the laws of the Dominion of Canada or any province thereof must be payable in United States dollars; and 2) Obligations must be rated among the top four quality categories by a nationally recognized
rating agency. D) Other obligations. 1) The covered pension plan may invest funds in bankers acceptances, certificates of deposit,
deposit notes, commercial paper, mortgage participation certificates and pools, asset backed securities, repurchase agreements and reverse repurchase agreements, guaranteed investment contracts, savings accounts, and guaranty fund certificates, surplus notes, or
debentures of domestic mutual insurance companies if they conform to the following provisions: i) Bankers acceptances and deposit notes of United States banks are limited to those
issued by banks rated in the highest four quality categories by a nationally recognized rating agency; ii) Certificates of deposit are limited to those issued by (A) United States banks and savings institutions that are rated in the highest four quality categories by a nationally
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LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION NOTES TO FINANCIAL STATEMENTS December 31, 2016
recognized rating agency or whose certificates of deposit are fully insured by federal
agencies; or (B) credit unions in amounts up to the limit of insurance coverage provided by the National Credit Union Administration; iii) Commercial paper is limited to those issued by United States corporations or their
Canadian subsidiaries and rated in the highest two quality categories by a nationally recognized rating agency; iv) Mortgage participation or pass through certificates evidencing interests in pools of first mortgages or trust deeds on improved real estate located in the United States
where the loan to value ratio for each loan as calculated in accordance with section 61A.28, subdivision 3, does not exceed 80 percent for fully amortizable residential properties and in all other respects meets the requirements of section 61A.28,
subdivision 3; v) Collateral for repurchase agreements and reverse repurchase agreements is limited to letters of credit and securities authorized in this section;
vi) Guaranteed investment contracts are limited to those issued by insurance companies or banks rated in the top four quality categories by a nationally recognized rating agency or to alternative guaranteed investment contracts where the underlying assets comply with the requirements of this subdivision;
vii) Savings accounts are limited to those fully insured by federal agencies; and viii) Asset-backed securities must be rated in the top four quality categories by a nationally recognized rating agency.
2) Sections 16A.58, 16C.03, subdivision 4, and 16C.05 do not apply to certificates of deposit and collateralization agreements executed by the covered pension plan under clause (1), item (ii).
3) In addition to investments authorized by clause (1), item (iv), the covered pension plan may purchase from the Minnesota Housing Finance Agency all or any part of a pool of residential mortgages, not in default, that has previously been financed by the issuance of bonds or notes of the Agency. The covered pension plan may also enter into a
commitment with the agency, at the time of any issue of bonds or notes, to purchase at a specified future date, not exceeding 12 years from the date of the issue, the amount of mortgage loans then outstanding and not in default that have been made or purchased from
the proceeds of the bonds or notes. The covered pension plan may charge reasonable fees for any such commitment and may agree to purchase the mortgage loans at a price sufficient to produce a yield to the covered pension plan comparable, in its judgment, to
the yield available on similar mortgage loans at the date of the bonds or notes. The covered pension plan may also enter into agreements with the Agency for the investment of any portion of the funds of the Agency. The agreement must cover the period of the investment, withdrawal privileges, and any guaranteed rate of return.
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LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION NOTES TO FINANCIAL STATEMENTS December 31, 2016
E) Corporate stocks. The covered pension plan may invest funds in stocks or convertible issues of any corporation organized under the laws of the United States or the states thereof, any
corporation organized under the laws of the Dominion of Canada or its provinces, or any corporation listed on an exchange regulated by an agency of the United States or of the Canadian national government, if they conform to the following provisions:
1) The aggregate value of investments under this paragraph, plus paragraphs (F) and (J), plus equity investments under paragraphs (G), (H), and (I), as adjusted for realized gains and
losses, must not exceed 85 percent of the market or book value, whichever is less, of a fund; and 2) Investments must not exceed five percent of the total outstanding shares of any one corporation.
F) Developed market foreign stocks investments. In addition to investments authorized under paragraph (E), the covered pension fund may invest in foreign stock sold on an exchange in any developed market country that is included in the Europe, Australia and Far East Index.
G) Commingled or mutual investments. The covered pension plan may invest in index funds or
mutual funds, including index mutual funds, through bank-sponsored collective funds and shares of open-end investment companies registered under the Federal Investment Company Act of 1940, to the extent that these funds comply with paragraphs (B) to (I). H) Real estate investment trust; related investments. The covered pension plan may invest in real estate investment trusts secured by mortgages or deeds of trust and sold on an exchange, and insurance company commingled accounts, including separate accounts, of a debt or equity
name. I) Exchange traded funds. The covered pension plan may invest funds in exchange traded
funds, subject to the maximums, the requirements, and the limitations set forth in paragraph (B) to (H), as applicable.
J) Other investments. 1) In addition to the investments authorized in paragraphs (A) to (I), and subject to the provisions in clause (2), the covered pension plan may invest funds in:
i) Venture capital investment businesses through participation in limited partnerships and corporations; ii) Real estate ownership interests or loans secured by mortgages or deeds of trust through investment in limited partnerships, bank sponsored collective funds;
iii) Regional and mutual funds through bank sponsored collective funds and open-end investment companies registered under the Federal Investment Company Act of 1940, to the extent that a fund or a portion if a fund does not qualify under paragraph (G);
iv) Resource investments through limited partnerships, private placements, and corporations; and v) International debt securities and emerging market equity securities.
2) The investments authorized in clause (1) must conform to the following provisions: i) The aggregate value of all investments made according to clause (1) including allocated amounts of index and mutual funds, may not exceed 20 percent of the
market value of the fund for which the covered pension plan is investing;
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LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION NOTES TO FINANCIAL STATEMENTS December 31, 2016
ii) There must be at least four unrelated owners of the investment other than the covered
pension plan for investments made under clause (1), item (i), (ii), (iii), or (iv); iii) Covered pension plan participation in an investment vehicle is limited to 20 percent thereof for investments made under clause (1), item (i), (ii), (iii), or (iv); and
iv) Covered pension plan participation in a limited partnership does not include a general partnership interest or other interest involving general liability. The covered pension plan may not engage in any activity as a limited partner which creates general liability.
2. Up to 75 percent of the market value of the assets of the special fund, not including any money market mutual funds, may be invested in open-end investment companies registered under the
Federal Investment Company Act of 1940, if the portfolio investments of the investment companies comply with the type of securities authorized for investment under 1 (A) through 1 (J).
3. Securities held by the Association before June 2, 1989, that do not meet the requirements of this section may be retained after that date if they were proper investments for the Association on that date.
As of December 31, 2016, the Association had the following investments and maturities:
Investment Type Maturity Fair Value
Equity securities N/A $373,471
Exchange traded funds N/A 231,178
Mutual funds N/A 326,521
Money market funds N/A 61,550
Total investments $992,720
A reconciliation of total assets held by the Association at December 31, 2016 is as follows:
Investments $992,720
Deposits 135,946
$1,128,666
The Association categorizes its fair value measurements within the fair value hierarchy established by
generally accepted accounting principles. The hierarchy is based on the valuation inputs used to measure the fair value of the asset. The hierarchy has three levels. Level 1 investments are valued using inputs that are based on quoted prices in active markets for identical assets; Level 2 investments are valued
using inputs that are based on quoted prices for similar assets or inputs that are observable, either directly or indirectly; Level 3 investments are valued using inputs that are unobservable. Mutual funds, money market funds and exchange traded funds are not required to be categorized.
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LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION NOTES TO FINANCIAL STATEMENTS December 31, 2016
The Association has the following recurring fair value measurements as of December 31, 2016:
Fair Value Measurement Using
Investment Type 12/31/2016 Level 1 Level 2 Level 3
Investments at fair value:
Equity securities $373,471 $ - $373,471 $ -
Total/Subtotal 373,471 $ - $373,471 $ -
Investments not categorized:
Exchange traded funds 231,178
Mutual funds 326,521
Money market funds 61,550
Total $992,720
Credit Risk. Credit risk is the risk that an issuer or other counterparty to an investment will be unable to fulfill its obligation to the holder on the investment. State law limits investments in commercial paper to the top two quality ratings issued by a nationally recognized rating organization. State law also limits investments in asset-backed securities (such as FNMA, FHLMC, FHLB) bonds, notes, bills, mortgages,
debentures and any other longer term evidences of indebtedness to the top four quality ratings issued by a national recognized rating organization. The Association’s investment policy does not further limit its investment choices.
Concentration of Credit Risk. Concentration of credit risk is the risk of loss that may be attributed to the magnitude of the Association’s investment in a single issuer. State law limits the Association’s investments in open-end mutual funds to 75 percent of the Association’s total investment portfolio. Also, state law limits
investments in equity investments to 85 percent of the Association’s total investment portfolio and 5 percent of the outstanding shares of any one corporation. The Association’s investment policy limits investments by type as follows:
Equity securities 60%
Fixed income 40%
The Association held no investments (other than U.S. government, U.S. government guaranteed obligations, mutual funds, external investment pools and other pooled investments) in any one organization that exceed five percent of the net position available for benefits. The Association’s policy in regard to the allocation of investment assets is established and may be amended by the Board by a majority vote of its members. Interest Rate Risk. Interest rate risk is the risk that changes in interest rates of debt investments could
adversely affect the fair value of an investment. The Association’s investment policy does not limit investment maturities as a means of managing its exposure to fair value losses arising from increasing interest rates.
Custodial Credit Risk. For investments in securities, custodial credit risk is the risk that in the event of a failure of the counterparty, the Association will not be able to recover the value of its investment securities that is in the possession of an outside party. As of December 31, 2016, $619,249 of the Association’s
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LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION NOTES TO FINANCIAL STATEMENTS December 31, 2016
investments were in mutual funds, money markets, or exchange traded funds. Investments in mutual funds,
money markets, or exchange traded funds are not evidenced by securities that exist in physical or book entry form, and therefore are not subject to custodial credit risk disclosures. The Association’s investments in stocks are held by the broker dealer and are insured through SIPC.
Rate of Return. For the year ended December 31, 2016, the annual money-weighted rate of return on pension investments, net of pension plan investment expense, was 5.80%. The money-weighted rate of return expresses investment performance, net of investment expense, adjusted for the changing amounts
actually invested. Note 3 PENSION PLAN
A. PLAN DESCRIPTION The Association is the administrator of a single employer Public Employee Retirement System (PERS) established to provide benefits for members of the Lake Elmo Fire Department. The plan was established and is administered in accordance with Minnesota Statutes, Chapters 69 and 424A.
Retired members entitled to benefits,
but have not received them 5
Current members:
Fully vested (20 years or more)2
Partially vested (10 years to 19 years)6
Nonvested (less than 10 years)11
Total 24
Plan provisions are established and may be amended by the Association’s Board of Trustees within the guidelines of the State of Minnesota statutes. B. NET PENSION LIABILITY The components of the net pension liability at December 31, 2016 were as follows:
Total pension liability $618,531
Plan fiduciary net position (1,075,446)
Net pension liability (asset)($456,915)
Plan fiduciary net position as a
percentage of the total pension liability 173.87% The Association is comprised of volunteers; therefore, there are no payroll expenditures (i.e., there are
no covered payroll amounts or percentage calculations).
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LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION NOTES TO FINANCIAL STATEMENTS December 31, 2016
C. BENEFIT PROVISIONS Twenty Year Service Pension
Each member who is at least 50 years of age; has retired from the Lake Elmo Fire Department, has served at least twenty (20) years of active service with such department before retirement; and, has been a member of the Association in good standing at least 10 years prior to such retirement; shall be entitled to a pro-rated lump sum service pension in the amount of $3,400 for each completed full year of service
and pro-rated monthly for fractional years of service but not exceeding the maximum amount per year of service allowed by law for the minimum average amount of available financing per firefighter as prescribed by law. Members with 10 years of service receive partial vesting at 60% of the 20 year rate
and 4% added for every one year of service beyond ten years up to 20 years. Death Benefits Upon the death of an active or deferred member, the beneficiaries of deceased members shall be paid a death benefit out of the Special Fund depending on the number of years of service:
Up to 10 years $5,000 10 years to 30 years That amount the deceased had earned as retirement
benefit had she/he retired on the date of death and been fifty (50) years of age. State Supplemental Benefits Minnesota Statute 424A.10 provides for the payment of a supplemental benefit equal to ten percent of a regular lump sum distribution up to a maximum of $1,000. The supplemental benefit is in lieu of a State
income tax exclusion for lump sum distributions and will no longer be available if State tax law is modified to exclude lump sum distributions from State income tax. The Association qualifies for these benefits.
D. FUNDING REQUIREMENTS
Minnesota Statutes 424A.092 specifies minimum contributions required on an annual basis. The minimum contribution from the City of Lake Elmo is determined as follows:
Normal Cost
+/- Amortization Payment on Unfunded Liability/Surplus
+ Administrative expenses
- Anticipated State Aid
- Projected Investment Earnings
= Total Contribution Required (City of Lake Elmo)
Plan members are volunteers with no contribution requirements.
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LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION NOTES TO FINANCIAL STATEMENTS December 31, 2016
E. ACTUARIAL METHOD AND SIGNIFICANT ASSUMPTIONS The total pension liability was determined by an actuarial valuation as of December 31, 2016 using the following actuarial assumptions, applied to all periods in the measurement:
Valuation date 01/01/17
Measurement date (assets and funded status)12/31/16
Actuarial cost method Entry age normal
Amortization method Level dollar amount
Closed 5 year period
Asset valuation method Market value
Actuarial assumptions:
Investment rate of return 5.50%
20-year municipal bond yield 3.50%
Projected salary increases 2.50%
Includes inflation at N/A
Cost-of-living adjustments 4.00%
Age of service retirement 50
Post retirement benefit increase N/A
Mortality Due to a small sample size,
assumed no pre-retirement
mortality. Post-retirement mortality
does not apply as the benefit
structure and form of payment do
not reflect lifetime benefits.
The expected investment return and discount rate decreased from 6.00% to 5.50% in 2016.
The long-term expected rate of return on pension plan investments was determined using a building-block method in which best-estimates of expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. These asset
class estimates are combined to produce the portfolio long-term expected rate of return by weighting the expected future real rates of return by the current asset allocation percentage (or target allocation, if available) and by adding expected inflation. All results are then rounded to the nearest quarter percentage point.
The best-estimate of expected future real rates of return were developed by aggregating data from several published capital market assumption surveys and deriving a single best-estimate based on the
average survey values. These capital market assumptions reflect both historical market experience as well as diverse views regarding anticipated future returns. The expected inflation assumption was developed based on an analysis of historical experience blended with forward-looking expectations
available in market data.
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LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION NOTES TO FINANCIAL STATEMENTS December 31, 2016
Best estimates of geometric real and nominal rates of return for each major asset class included in the
pension plan’s asset allocation as of the measurement date are summarized in the following table:
Portfolio Expected
Asset Class Weight Class Return
Cash 17.00%2.25%
Fixed income 28.00%3.30%
Equities 54.00%7.50%
Other 1.00%6.00%
Total (weighted ave, rounded to 1/4%) 100.00% 5.50%
F. DISCOUNT RATES
The discount rate used to measure the total pension liability was 5.50%, a decrease from the 6.00% used in 2015. The liability discount rate was developed using the alternative method described in paragraph
43 of GASB 67, which states that “if the evaluations required by paragraph 41 can be made with sufficient reliability without a separate projection of cash flows into and out of the pension plan, alternative methods may be applied in making the evaluations.” The determination of the discount rate
assumed that the plan’s current overfunded status, combined with Minnesota statutory funding requirements, provide sufficient reliability that projected plan assets will be adequate to pay future retiree benefits. Therefore, the plan’s long-term expected return on plan investments was applied to all periods
of projected benefit payments to determine the total pension liability G. CONTRIBUTIONS REQUIRED AND CONTRIBUTIONS MADE
Minnesota Statute Chapter 424A.092 specifies minimum support rates required on an annual basis. The minimum support rates from the municipality and from State Aid are determined as the amount required
to meet the normal cost plus amortizing any existing prior service costs over a ten-year period. The Association is comprised of volunteers; therefore, there are no payroll expenditures (i.e., there are no covered payroll percentage calculations).
Contributions totaling $59,136 were made by the State of Minnesota in accordance with State Statute requirements for the year ended December 31, 2016.
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LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION NOTES TO FINANCIAL STATEMENTS December 31, 2016
H. SENSITIVITY OF THE NET PENSION LIABILITY TO CHANGES IN THE DISCOUNT RATE The following presents the net pension liability (asset) of the plan, calculated using the discount rate of 5.5 percent, as well as what the net pension liability would be if it were calculated using a discount rate that is 1-percentage-point lower (4.5 percent) or 1-percentage-point higher (6.5 percent) than the current
rate:
Current
1% Decrease Discount Rate 1% Increase
(4.5%)(5.5%)(6.5%)
Net pension liability (asset) ($432,549) ($456,915) ($479,967)
Note 4 RISK MANAGEMENT
The Association is exposed to various risks of loss related to theft of assets for which the Association carries an employee dishonesty bond.
There were no significant reductions in insurance from the previous year or settlements in excess of insurance coverage for any of the past three fiscal years. Note 5 REQUIRED SUPPLEMENTARY INFORMATION Governmental Accounting Standards Board Statement No. 34, Basic Financial Statements – and Management’s
Discussion and Analysis – for State and Local Governments, requires a budgetary comparison schedule to be
presented as RSI for the General Fund. Since fire relief organizations do not have legally adopted budgets, the comparison schedule is not being presented.
Note 6 INCOME TAXES The Association is exempt from income taxes under section 501(c)4 of the Internal Revenue Code. Such
organizations are subject to tax on unrelated business taxable income. The Association has not had any material unrelated business income.
The Association previously was classified as an affiliate of a governmental unit in accordance with Revenue Procedures 95-48 and therefore exempt from filing IRS Form 990. During March of 2012, the Association was informed by the Internal Revenue Service, that the governmental unit determination was in error. The Association remains tax exempt, but must start filing IRS Form 990 for the 2011 tax year going forward.
FASB ASC 740-10 provides that a tax expense or benefit from an uncertain income tax position (including tax-exempt status) may be recognized only when it is more likely than not that the position will be sustained upon
examination by taxing authorities. Management believes the Association has no uncertain income tax positions that would result in an accrual, expense or benefit under a more likely than not standard.
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LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION NOTES TO FINANCIAL STATEMENTS December 31, 2016
Note 7 DUE FROM STATE OF MINNESOTA Minnesota Statutes, Section 424A.10 provides for the payment of supplemental benefits to retired members of the Association. These benefits are paid by the Association, which is reimbursed by the State of Minnesota by March 15th of the next calendar year. State supplemental benefit revenue is recognized in the period the funds are expended by the Association.
Note 8 CONTINGENCIES The Association is not aware of any existing or pending lawsuits, claims or other actions in which the Association
is a defendant.
30
REQUIRED SUPPLEMENTARY INFORMATION
31
LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION
REQUIRED SUPPLEMENTARY INFORMATION Statement 5
SPECIAL FUND - PENSION TRUST FUND
SCHEDULE OF CHANGES IN THE NET PENSION LIABILITY AND RELATED RATIOS
2016 2015
Total pension liability:
Service cost $27,579 $28,520
Interest 36,976 37,130
Assumption changes 11,690 -
Gain or loss (46,403) -
Benefit payments - (191,582)
Net change in total pension liability 29,842 (125,932)
Total pension liability - beginning 588,689 714,621
Total pension liability - ending (a)$618,531 $588,689
Plan fiduciary net position:
Contributions - State of Minnesota $59,136 $61,166
Net investment income 70,101 (48,240)
Benefit payments - (191,582)
Administrative expense (17,419) (13,314)
Net change in plan fiduciary net position 111,818 (191,970)
Plan fiduciary net position - beginning 963,628 1,155,598
Plan fiduciary net position - ending (b)$1,075,446 $963,628
Net pension liability (asset) - ending (a)-(b)($456,915) ($374,939)
Plan fiduciary net position as a percentage of the total pension liability 173.87% 163.69%
Covered payroll *N/A N/A
Net pension liability as a percentage of covered employee payroll *N/A N/A
Pension benefit per year of service $3,400 $3,400
Discount rate 5.50% 6.00%
Notes:
Information is not available for years prior to 2015.
* The Association is comprised of volunteers, therefore, there are no payroll expenditures
(i.e., there are no covered payroll amounts or percentage calculations).
32
LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION
REQUIRED SUPPLEMENTARY INFORMATION Statement 6
SPECIAL FUND - PENSION TRUST FUND
SCHEDULE OF INVESTMENT RETURNS
Annual money-weighted rate of return, net of investment expense
2014 1.38%
2015 (5.90%)
2016 5.80%
Note:
The weighted rate of return is not available for years prior to 2014.
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OTHER REQUIRED REPORTS
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4810 White Bear Parkway, St. Paul, MN, 55110 651.426.7000 www.redpathcpas.com
REPORT ON INTERNAL CONTROL To the Board of Trustees and Management Lake Elmo Firefighters Relief Association Lake Elmo, Minnesota In planning and performing our audit of the financial statements of the governmental activities, each major fund, and the fiduciary fund information of the Lake Elmo Firefighters Relief Association as of and for the year ended December 31, 2016, in accordance with auditing standards generally accepted in the United States of America, we considered the Lake Elmo Firefighters Relief Association’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Lake Elmo Firefighters Relief Association’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Lake Elmo Firefighters
Relief Association’s internal control.
Our consideration of internal control was for the limited purpose described in the preceding
paragraph and was not designed to identify all deficiencies in internal control that might be
material weaknesses or significant deficiencies and, therefore, material weaknesses or significant
deficiencies may exist that were not identified. However, as discussed below, we identified
certain deficiencies in internal control that we consider to be significant deficiencies.
A deficiency in internal control exists when the design or operation of a control does not allow
management or employees, in the normal course of performing their assigned functions, to
prevent or detect and correct misstatements on a timely basis. A material weakness is a
deficiency, or combination of deficiencies in internal control, such that there is a reasonable
possibility that a material misstatement of the entity’s financial statements will not be prevented,
or detected and corrected on a timely basis. We did not identify any deficiencies in internal
control that we consider to be material weaknesses.
A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that
is less severe than a material weakness, yet important enough to merit attention by those charged
with governance. We consider the deficiency of the Lake Elmo Firefighters Relief Association’s
internal control as described in the accompanying Schedule of Findings and Responses as item
2016-001 to be a significant deficiency.
37
Lake Elmo Firefighters Relief Association Report on Internal Control
Lake Elmo Firefighters Relief Association’s written response to the significant deficiency identified in our audit is described in the accompanying Schedule of Findings and Responses. We did not audit the Lake Elmo Firefighters Relief Association’s response and accordingly, we express no opinion on it. This communication is intended solely for the information and use of management, the Lake Elmo Firefighters Relief Association’s Board of Trustees, and others within the organization, and is not intended to be, and should not be, used by anyone other than these specified parties.
REDPATH AND COMPANY, LTD.
St. Paul, Minnesota
June 26, 2017
38
4810 White Bear Parkway, St. Paul, MN, 55110 651.426.7000 www.redpathcpas.com
MINNESOTA LEGAL COMPLIANCE REPORT To the Board of Trustees Lake Elmo Firefighters Relief Association Lake Elmo, Minnesota We have audited, in accordance with auditing standards generally accepted in the United States of America, the financial statements of the governmental activities, each major fund, and the fiduciary fund information of Lake Elmo Firefighters Relief Association as of and for the year ended December 31, 2016, and the related notes to the financial statements which collectively comprise the Lake Elmo Firefighters Relief Association’s basic financial statements, and have issued our report thereon dated June 26, 2017. The Minnesota Legal Compliance Audit Guide for Relief Associations, promulgated by the
State Auditor pursuant to Minn. Stat. § 6.65, contains two categories of compliance to be
tested in audits of relief associations: deposits and investments, and relief associations.
In connection with our audit, nothing came to our attention that caused us to believe that
Lake Elmo Firefighters Relief Association failed to comply with the provisions of the
Minnesota Legal Compliance Audit Guide for Relief Associations, except as described in the
Schedule of Findings and Responses as item 2016-002. However, our audit was not directed
primarily toward obtaining knowledge of such noncompliance. Accordingly, had we
performed additional procedures, other matters may have come to our attention regarding the
Lake Elmo Firefighters Relief Association’s noncompliance with the above referenced
provisions.
This report is intended solely for the information and use those charged with governance and
management of Lake Elmo Firefighters Relief Association and the State Auditor and is not
intended to be and should not be used by anyone other than these specified parties.
REDPATH AND COMPANY, LTD. St. Paul, Minnesota June 26, 2017
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40
Lake Elmo Firefighters Relief Association Schedule of Findings and Responses
2016-001 Lack of Segregation of Duties
Criteria: Generally, a system of internal control contemplates segregation of duties such that no individual has responsibility to execute a transaction, has physical access to the related assets, and has responsibility or authority to record the transaction.
Condition: Substantially all accounting procedures are performed by one person.
Cause: This condition is common to organizations of this size due to a limited number of staff.
Effect: The lack of ideal segregation of duties subjects the Association to a higher risk that
errors or fraud could occur and not be detected in a timely manner.
Recommendation: Any modification of internal controls in this area must be viewed from a cost/benefit perspective.
Management Response: The Association has implemented a policy to have both the Treasurer and Secretary track the activity of the General and Special Fund separately.
41
Lake Elmo Firefighters Relief Association Schedule of Findings and Responses
2016-002 Lack of Certification of Financial Requirements and Minimum Municipal Obligation
Criteria: Minnesota Statute 424A.092 Subdivision 4 provides certain specific requirements for certifying financial requirements and minimum municipal obligation: M.S. 424A.092 Subd. 4 Certification of financial requirements and minimum municipal obligation; levy. The officers of the relief association shall certify the financial requirements of the special fund of the relief association and the minimum obligation of the municipality with respect to the special fund of the relief association as determined under subdivision 3 on or before August 1 of each year. The certification must be made to the entity that is responsible for satisfying the minimum obligation with respect to the special
fund of the relief association.
Condition: The Relief did not submit and sign the SC-16 form prior to August 1st, which is the means by which the Relief should certify to the City of Lake Elmo the financial requirements and minimum municipal obligation.
Context: The SC-16 form was originally submitted to the Office of the State Auditor prior to August 1st, however it was not signed by the required Relief officers and was not submitted to the City of Lake Elmo as certification of the financial requirements and municipal obligation.
Cause: Unknown.
Effect: The effect of noncompliance is not determinable.
Recommendation: We recommend the Association make efforts to submit and sign all required
reporting forms prior to statutorily required deadlines.
Management Response: The Association will work on ensuring all reporting forms are submitted and signed prior to their deadlines.
42
4810 White Bear Parkway, St. Paul, MN, 55110 651.426.7000 www.redpathcpas.com
Communication with Those Charged with Governance
To the Board of Trustees Lake Elmo Firefighters Relief Association Lake Elmo, Minnesota
We have audited the financial statements of the governmental activities, each major fund,
and the fiduciary fund information of the Lake Elmo Firefighters Relief Association for the year ended December 31, 2016. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such
information in our letter to you dated January 9, 2017. Professional standards also require that
we communicate to you the following information related to our audit. Significant Audit Results
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The
significant accounting policies used by the Lake Elmo Firefighters Relief Association are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during 2016. However, GASB Statement No. 72, Fair Value Measurements and Application was implemented during 2016 which
enhanced disclosures regarding investments. We noted no transactions entered into by the Lake
Elmo Firefighters Relief Association during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by
management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most
sensitive estimate affecting the Lake Elmo Firefighters Relief Association’s financial statements
was the disclosed net pension liability (asset). Management’s estimate of the disclosed net pension liability (asset) is based on the January 1, 2017 GASB 67 Actuarial Valuation Report. We evaluated the key factors and assumptions used to develop the disclosed net pension liability (asset) in determining that it is reasonable in relation to the financial statements taken as a whole.
The financial statement disclosures are neutral, consistent, and clear.
Lake Elmo Firefighters Relief Association Communication with Those Charged with Governance
Page 2
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and
completing our audit.
Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the
appropriate level of management. There were no corrected nor uncorrected misstatements identified during the audit. We have proposed closing journal entries to you that have been reflected in the Lake Elmo Firefighters Relief Association’s financial statements. Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit.
Management Representations We have requested certain representations from management that are included in the management representation letter dated June 26, 2017. Management Consultations with Other Independent Accountants
In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the governmental unit’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to
determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Results or Issues We generally discuss a variety of matters, including the application of accounting principles
and auditing standards, with management each year prior to retention as the Lake Elmo Firefighters Relief Association’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.
Lake Elmo Firefighters Relief Association Communication with Those Charged with Governance
Page 3
Other Matters We applied certain limited procedures to the Schedule of Changes in Net Pension Liability
and Related Ratios, and the Schedule of Investment Returns, which are required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements.
We did not audit the RSI and do not express an opinion or provide any assurance on the RSI. We were not engaged to report on the introductory section, which accompanies the financial statements but is not RSI. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an
opinion or provide any assurance on it. Other Reports Various reports on compliance and internal controls are contained in the other required reports section of the audited financial statement document.
Restriction on Use This information is intended solely for the information and use of members of the Board of Trustees and management of the Lake Elmo Firefighters Relief Association and is not intended to be, and should not be, used by anyone other than these specified parties.
REDPATH AND COMPANY, LTD. St. Paul, Minnesota
June 26, 2017
MAYOR AND COUNCIL COMMUNICATION
DATE: October 17, 2017
CONSENT
TO: Mayor and City Council
FROM: Julie Johnson, City Clerk
REVIEWED BY: Kristina Handt, City Administrator
AGENDA ITEM: Adopt Firefighter Declaration Resolution
____________________________________________________________________________________
BACKGROUND:
State statute 353.64 permits governments to allow non full-time employees to participate in the
Police and Fire PERA defined benefit Plan, provided the fire service position regularly engages the employee in the hazards of fire-fighting as an employee of a designated fire department. PERA has determined that the part time Firefighter position should be eligible to participate in
the Police and Fire PERA defined benefit Plan. This was based on the fact that this position is
filled by a fire-fighter who can be called to respond to a fire anytime, in addition to performing many other firefighter specific functions as listed in the job description. ISSUE BEFORE COUNCIL: Should the City make a declaration and approve a resolution which allows for the employees in this part-time Fire Department Firefighter position to be eligible to participate in the Police and Fire PERA Benefit
plan (EE = 10.8%, ER = 16.2%) rather than the Basic PERA benefit Plan (EE = 6.5%, ER =
7.5%).
PROPOSAL DETAILS/ANALYSIS:
Staff recommends that this part-time fire department position be eligible to participate in the Police and Fire PERA Benefit plan. FISCAL IMPACT: None – position was budgeted to be participating in the Police and Fire PERA benefit Plan. RECOMMENDATION: If removed from the Consent Agenda, staff recommends the following motion:
“Move to approve Resolution 2017-108 declaring that the part-time Fire Department Firefighter positions be eligible to participate in the Police and Fire PERA Benefit Plan effective immediately.”
477630v1 AMB LA515-1
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2017-108 FIREFIGHTER DECLARATION
WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes
353.63 is to give special consideration to employees who perform hazardous work and devote
their time and skills to protecting the property and personal safety of others; and
WHEREAS Minnesota Statutes Section 353.64 permits governmental subdivisions to
request coverage in the Public Employees Police and Fire plan for a non-full-time fire fighter
provided the fire service position regularly engages the employee in the hazards of fire fighting
as an employee of a designated fire department.
BE IT RESOLVED that the City Council of City of Lake Elmo hereby declares that the
position of Part Time Firefighter, for primary services provided, that of a firefighter engaged in
the hazards of fire fighting; and,
BE IT FURTHER RESOLVED, that this governing body hereby requests that the
individuals holding the position of Part Time Firefighter be accepted as members of the Public
Employees Police and Fire Plan effective the date of this Resolution.
Mike Pearson, Mayor ATTEST:
Julie Johnson, City Clerk
PUBLIC HEARING ITEM 4B – ACTION ITEM
STAFF REPORT
DATE: 10/17/17
CONSENT ITEM#:
MOTION
TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Conditional Use Permit Request from the Maximum Number and Size of Accessory Structures Allowed within Rural Districts REVIEWED BY: Joan Ziertman, Planning Program Assistant
BACKGROUND:
The City has received a request from Richard, Eileen and Chad Bergmann for a conditional use permit to allow additional accessory buildings beyond those allowed in the Rural Residential zoning district for the property located at 11459 60th Street North (PID# 01.029.21.21.0005).
ISSUE BEFORE COMMISSION:
The Council is being asked to review the above mentioned request.
REVIEW/ANALYSIS:
Existing Land Use/Zoning: Single-family detached residential home/Rural Residential
Surrounding Land Use/
Zoning:
Surrounded by single family homes and guided for Rural Residential
History: The property has long been used as a single-family detached dwelling.
Deadline for Action: Application Complete – 8/30/2017 60 Day Deadline – 10/29/2017
Extension Letter Mailed – N/A 120 Day Deadline – N/A Applicable Regulations: Article V - Zoning Administration and Enforcement
Section 154.406 – Accessory Structures, Rural Districts
PROPOSAL DETAILS/ANALYSIS:
History. In 2006, the applicant was granted a variance which allowed an additional accessory structure than would be allowed by the Zoning Code at that time. The variance was subject to the condition that a minor subdivision be approved by Council. The minor subdivision was ultimately
not approved by Council, however, as the City Attorney at that time explained that the resultant parcel would be considered non-conforming, as it did not meet the minimum size standard of ten acres. It has been verified with the current City Attorney, however, that a lot line adjustment would
2
be appropriate in this case, as Section 153.09: Exceptions to Platting of the Municipal Code states the following:
(1) Each resultant parcel, when combined with an abutting parcel through a Tax Parcel Consolidation Procedure approved by Washington County, equals or exceeds the minimum lot dimension requirements and public road frontage requirements for the
zoning district in which the property is located;
Lot Line Adjustment Request. Prior to application for a conditional use permit, the applicant had requested a lot line adjustment, which would increase the size of the subject property. The reason for the lot line adjustment request was to include an existing barn on the same parcel as the homestead. The barn and homestead are both served by the same well and electricity source. The original property was 60 acres, and was subdivided around 1970 to create 11459 60th St N or PID#
01.029.21.21.0005.For some reason, the subdivision caused the barn to be separate from the homestead. Later, additional acreage was subdivided from the original property (PID# 01.029.21.21.0007) and sold to the Sanctuary Development.
While a lot line adjustment can be processed administratively by Staff, a lot line adjustment must
result in two resultant parcels that are more conforming than would be prior to the lot line adjustment, and as explained below, the number and size of accessory structures that would exist on the resultant parcel exceeds the maximum amount allowed, adding a nonconformity. Therefore, the applicant is requesting a conditional use permit to allow more accessory structures than permitted by
Code, thereby eliminating this nonconformity.
Size and Number Standards. Section 154.406 of the Zoning Code limits the number of accessory structures on properties within rural districts based on the size of a parcel. The proposed lot line adjustment will increase the parcel size to 6.66 acres. A parcel of such size is limited to two accessory structures with a maximum square footage of 2,000. The existing accessory structures on
the site total 2700 square feet.
Need for Conditional Use Permit. While, as previously mentioned, the applicant was previously granted a variance, the variance was conditioned on the minor subdivision being approved. Because the minor subdivision was not approved, and because the Zoning Code states that variances shall
expire if work does not commence (the work in this case being recording of the minor subdivision) within twelve (12) months of the date of granting such variance, the variance is no longer valid.
The Zoning Code has, since the time of the granted variance, been amended to allow additional accessory buildings beyond two total buildings in the Agricultural and Rural Residential zoning
districts with a conditional use permit, as long as the buildings are agricultural buildings by definition
or clearly serve an agricultural purpose in the judgment of the City. A barn would be considered an agricultural building, and so it is appropriate for a conditional use permit to be granted in this case.
Review by Minnesota Department of Transportation (MNDOT). The proposed lot line adjustment was sent to MNDOT, which did not have any comment regarding the proposed
adjustment. It has been verified by our City Attorney that the City cannot require right-of-way with this application, as the proposed lot line adjustment is simply moving lot lines. Right-of-way can only be required with a proposed subdivision or platting process.
Recommended Findings. An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.017 before an exception or
modification to city code requirements can be granted. These criteria are listed below, along with comments from Staff regarding applicability of these criteria to the applicant’s request.
3
1) The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience, or general welfare of the neighborhood or the city.
FINDINGS. The accessory structures already exist, and a lot line adjustment to include more than
the permitted number of accessory structures on one parcel will not affect any of the aforementioned.
2) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The plight of the landowner is due to circumstances unique to the property not created by the landowner.
FINDINGS: The proposal is consistent with the Comprehensive Plan in that the property is guided
for Rural Area Development. The Comprehensive Plan proclaims that “existing operating
agricultural uses and qualifying alternative uses that preserve the open space within the community shall be supported. These uses shall be encouraged to continue operations and to retain large land holdings that contribute to the operating efficiency…the City shall affirmatively establish and pursue
specific strategies and seek resources to assist existing agricultural uses in remaining a viable
alternative to urbanization for landowners, consistent with the concept of a ‘right to farm.’”
3) The proposed use or development is compatible with the existing neighborhood.
FINDINGS: The barn, homestead and additional accessory structures already exist, and so the
proposed use will in no way alter the property’s compatibility with the existing neighborhood.
4) The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter.
FINDING: There are no specific development standards for additional accessory structures listed in Article 7. The existing structures meet setback requirements.
5) If the proposed use is within a floodplain management or shoreland area, the proposed use
meets all the specific standards for such use listed in Section 154.800: Shoreland Management Overlay District of the Zoning Code and Chapter 152: Flood Plain Management of the Municipal Code.
FINDINGS: The property is not located within a floodplain management or shoreland area.
6) The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area.
FINDINGS: The barn and other additional accessory structures already exist and are compatible in
appearance with the existing character of the general vicinity.
7) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures.
FINDINGS: The proposed use will not be hazardous or create a nuisance.
8) The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use.
FINDINGS: The proposed use will be served adequately by the aforementioned.
9) The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
FINDINGS: The proposed use will not create excessive additional requirements.
4
10) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
FINDINGS: The proposed use will not in any way be detrimental.
11) Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares.
FINDINGS: The proposed use will not increase traffic.
12) The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
FINDINGS: The proposed use will allow an existing barn to be located on the same property as an existing homestead, thereby helping to preserve an existing feature.
Planning Commission Review. The Planning Commission held a public hearing and reviewed the
proposed CUP at its meeting on October 11, 2017. No one from the public spoke at the public hearing, and only one call was received regarding an easement that is located on the property. It was explained to the caller that no new buildings were being proposed. The Planning Commission recommended approval of the request with a vote of 5-0.
FISCAL IMPACT:
The requested conditional use permit is not predicted to have any fiscal impact on the community.
OPTIONS:
The Council may:
• Grant the proposed conditional use permit subject to Staff conditions.
• Amend Staff-recommended conditions of approval and approve based on amended conditions of approval.
• Deny the conditional use permit, citing findings of fact for denial.
RECOMMENDATION:
Staff and the Planning Commission recommend that the Council approve the requested Conditional Use Permit to allow an excess of the permitted two accessory structures and accessory structure size requirements in the Rural Residential zoning district for the property located at 11459 60th Street North, based on the following condition:
Conditions:
1) A lot line adjustment, based on the survey dated August 5, 2017 must be approved by Staff and recorded with the County, with proof of recording being provided to the City within 60 days of approval.
“Move to adopt Resolution 2017-__ approving the request from Richard, Eileen and Chad Bergmann for a conditional use permit to allow an excess of the permitted two accessory structures and accessory structure size requirements in the Rural Residential zoning district for the property located at 11459 60th Street North subject to recommended condition of approval.”
ATTACHMENTS:
1) Conditional use permit application
5
2) Site Plan showing existing accessory structures 3) Resolution 2017-
Resolution 2017- 1
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA RESOLUTION 2017-116 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN ADDITIONAL
ACCESSORY STRUCTURE FOR THE PROPERTY LOCATED AT 11459 60th STREET NORTH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and
WHEREAS, Chad and Colleen Bergmann, 11459 60th Street North, Lake Elmo, MN 55042, (the “Applicant”) has submitted an application to the City of Lake Elmo (the “City”) for a Conditional Use Permit to allow additional accessory structures at the property located at 11459 60th Street North (the “Property”); and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.102; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on October 11, 2017; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated October 17, 2017, 2016; and
WHEREAS, the City Council considered said matter at its October 17, 2017 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following:
FINDINGS 1) That the procedures for obtaining said Conditional Use Permit are found in the Lake Elmo Zoning Ordinance, Section 154.106.
2) That all the submission requirements of said Section 154.106 have been met by the Applicant. 3) That Subd. B of Section 154.406: Accessory Structures, Rural Districts, provides that
additional accessory buildings may be considered in Agricultural and Rural Residential
zones via a conditional use permit. 4) That the proposed Conditional Use Permit is to allow additional accessory structures in a Rural Residential zoning district, at the property located at 11459 60th Street North.
Resolution 2017- 2
5) That the Conditional Use Permit amendment is granted for the property legally described
as follows and commonly known as 11459 60th Street North: All that part of the Northeast Quarter of the Northwest Quarter and all that part of the West Half of the Northwest Quarter of the Northeast Quarter of Section 1, Township 29 North,
Range 21 West, Washington County, Minnesota, described together as follows: Beginning at the Northeast Quarter of the Northeast Quarter of the Northwest Quarter said Section 1; thence South 89 degrees 47 minutes 33 seconds West, along the north line of said Northeast Quarter of the Northwest Quarter, a distance of 1320.17 feet to the northwest
corner of said Northeast Quarter of the Northwest Quarter, thence South 0 degrees 30 minutes 22 seconds East, along the west line of said Northeast Quarter of the Northwest Quarter, a distance of 1418.19 feet to the southwest corner of said Northeast Quarter of the Northwest Quarter; thence North 88 degrees 59 minutes 11 seconds East, along the south line
o said Northwest Quarter of the Northwest Quarter, a distance of 840.22 feet to the southwest corner of Outlot E, a distance of 675.77 feet; thence North 89 degrees 45 minutes 35 seconds East, along north boundary line of said outlot E, a distance of 36.73 feet; thence North 0 degrees 00 minutes 32 seconds West a distance of 435.55 feet ot the intersection of the
southerly right of way line of Minnesota State Highway No. 36; thence North 89 degrees 45 minutes 35 seconds East along said southerly right of way line, a distance of 739.27 feet to a northwesterly corner of said Outlot E; thence North 0 degrees 19 minutes 54 seconds West along a west line of the Sanctuary of Lake Elmo to the north line of said West Half of the Northwest Quarter of the Northeast Quarter; thence South 89 degrees 47 minutes 30 seconds
West along said north line, a distance of 306.57 feet, to the point of beginning. Subject to easements of record. Orientation of this bearing system is based on the recorded plat of Sanctuary of Lake Elmo.
6) That the Applicant is not proposing to add any new accessory structures on the property beyond what already exists today.
7) The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city.
The accessory structures already exist, and a lot line adjustment to include more than the permitted number of accessory structures on one parcel will not affect any of the aforementioned. 8) The use or development conforms to the City of Lake Elmo Comprehensive Plan.
The proposal is consistent with the Comprehensive Plan in that the property is guided for Rural Area Development. The Comprehensive Plan proclaims that “existing operating agricultural uses and qualifying alternative uses that preserve the open space within the community shall be supported. These uses shall be encouraged to continue operations and
to retain large land holdings that contribute to the operating efficiency…the City shall
affirmatively establish and pursue specific strategies and seek resources to assist existing agricultural uses in remaining a viable alternative to urbanization for landowners, consistent with the concept of a ‘right to farm.’” 9) The use or development is compatible with the existing neighborhood.
Resolution 2017- 3
The barn, homestead and additional accessory structures already exist, and so the proposed use will in no way alter the property’s compatibility with the existing
neighborhood. 10) The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. There are no specific development standards for additional accessory structures listed in
Article 7. The existing structures meet setback requirements.
11) If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management).
The property is not located within a floodplain management or shoreland area. 12) The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area.
The barn and other additional accessory structures already exist and are compatible in appearance with the existing character of the general vicinity. 13) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures.
The proposed use will not be hazardous or create a nuisance. 14) The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The proposed use will be served adequately by the aforementioned.
15) The proposed use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the community. The proposed use will not create excessive additional requirements. 16) The proposed use will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, Property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The proposed use will not in any way be detrimental.
17) Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The proposed use will not increase traffic. 18) The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance. The proposed use will allow an existing barn to be located on the same property as an existing homestead, thereby helping to preserve an existing feature. CONCLUSIONS AND DECISION
Resolution 2017- 4
Based on the foregoing, the Applicant’s application for a Conditional Use Permit to allow
additional accessory structures beyond those allowed in the Rural Residential zoning district on the property located at 11459 60th Street North is granted, subject to the following conditions: 1) A lot line adjustment, based on the survey dated August 5, 2017 must be approved by Staff and recorded with the County, with proof of recording being provided to the City within 60 days of approval.
Passed and duly adopted this 17th day of October, 2017 by the City Council of the City of Lake
Elmo, Minnesota. __________________________________ Michael Pearson, Mayor
ATTEST: ________________________________ Julie Johnson, City Clerk
STAFF REPORT
DATE: October 17, 2017
CONSENT
ITEM #: 14
AGENDA ITEM: LELA Grant Request
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: In 2016, the Environmental Committee requested $40,000 in the 2017 budget for matching
grants to the four recreational lakes for water quality improvements like treating invasive species. This funding represents a 50% match, up to the maximum amount of $10,000 per lake. A match is required by the Lake Associations and any grant amounts received would not be included as part of the Lake Association match amounts. That request was included in the final
2017 budget.
ISSUE BEFORE COUNCIL: Does Council approve the grant request of $2,921 from the LELA? PROPOSAL: The Lake Elmo Lake Association (LELA) has requested $2,921 in matching funding to treat Eurasian Milfoil this summer on Lake Elmo. A copy of their letter requesting funds is included in your packet.
FISCAL IMPACT: $2,921from the budgeted $40,000. To date $4,577.50 has been spent from the fund. OPTIONS: 1) Approve $2,921 for LELA Eurasian Milfoil Treatment
2) Approve a different amount for LELA Eurasian Milfoil Treatment 3) Do not approve any funding for LELA Eurasian Milfoil Treatment RECOMMENDATION: If removed from the consent agenda:
“Motion to approve the LELA lake improvement grant request of $2,921.”
ATTACHMENTS:
• LELA Request Letter
Lake Elmo Lake Association
P.O Box 78
Lake Elmo, MN 55042
Lake Elmo Lake Association
Funding Request
___
Request
Lake Elmo Lake Association Funding Request September, 2017 Lake Elmo Lake Association (LELA) has been actively monitoring and mitigating Lake Elmo for Aquatic Invasive Species (AIS). To date LELA has received two county grants and has successfully removed approximately 12 acres of Eurasian Water Milfoil from many areas of the lake. Removing the weeds by harvesting has had an added benefit to the lake by removing more than 70,000 pounds of Biomass that if chemically treated would be left in the bottom of the
lake. Removing the plant material from the lake reduces unnecessary nutrients that promote AIS plant growth. LELA also monitors the lake for clarity and water quality as well as weed growth and location on a regular basis. (Approx. every two weeks). Lake monitoring is a required part of
the project and also advises our weed mitigation plans and DNR permitting requirements. LELA is responsible lake monitoring, hiring third party consultants to conduct pre and post weed
delineation reports as well as purchasing liability insurance and obtaining all necessary permits and lake owner agreements just to name a few of LELA’s administrative costs for the harvesting project. LELA has significant expenses to initiate the execution of weed harvesting grant that it
gets from Washington county. Below outlines the expenses to date and our request for available city matching funds:
LELA Monitoring and Mitigation Activities and Expenses
LELA Activities LELA Contribution Washington County Contribution Total Lake Elmo
Project
Request For City Match of LELA’s Expenses
LELA Weed Mitigation and Lake Monitoring $2,921 $8,000 (Milfoil Weed Harvesting Contract) $13,842 $2,921
STAFF REPORT
DATE: October 17, 2017
CONSENT
Item #: 13
AGENDA ITEM: Private Development Projects – Approve Security Reduction for Village
Preserve 2nd Addition and Easton Village 2nd Addition
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator Emily Becker, Planning Director Chad Isakson, Assistance City Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve the security reduction for the Village Preserve 2nd Addition and Easton Village 2nd Addition? PROPOSAL DETAILS/ANALYSIS: Staff has received and processed a request to reduce the development security for the Village Preserve 2nd Addition and Easton Village 2nd Addition. These requests have been reviewed and the following reductions are being recommended for approval: Current Security Amount Proposed Security Amount 1. Village Preserve 2nd Addition: $ 406,698 $ 324,935
2. Easton Village 2nd Addition: $1,001,487 $ 702,776 These developments are nearing completion and the security reduction amounts have been reviewed
according to the extent of completion for each infrastructure component as detailed in the attached Security Reduction Worksheet. FISCAL IMPACT: It is the City’s goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. With this reduction, the remaining security amount held by the City remains sufficient to complete the remaining improvements. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent
Agenda, the security reduction for the Village Preserve 2nd Addition and Easton Village 2nd Addition as detailed in this report and supporting documentation. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve security reduction for the Village Preserve 2nd Addition and Easton Village 2nd Addition as detailed in the attached Security Reduction Worksheet.”
ATTACHMENTS: 1. Security Reduction Worksheet – Village Preserve 2nd Addition. 2. Security Reduction Worksheet – Easton Village 2nd Addition.
VILLAGE PRESERVE 2ND ADDITION Time of Performance: October 31, 2016DEVELOPMENT AGREEMENT AMOUNTSCATEGORY CONSTRUCTION 125% REMARKS #1 #2 #3 #4 #5 #6Grading $60,786 $75,983 $75,983Sanitary Sewer $60,734 $75,918 $56,938Watermain $120,071 $150,089 $112,567Storm Sewer (w/pond structures) $41,671 $52,089 $26,044 $13,022Streets $219,972 $274,965 $137,483 $68,741Sidewalks/Trails $58,525 $73,156Surface Water Facilities NA NAStreet Lighting $36,000 $45,000Street Signs and Traffic Control Signs $2,540 $3,175Private Utilities (electricity, natural gas, telephone, and cable)Landscaping $26,745 $33,431Tree Preservation and Restoration NA NAWetland Mitigation and Buffers NA NAMonuments $4,500 $5,625Erosion Control $18,525 $23,156Miscellaneous Facilities NA NARecord Drawings $2,500 $3,125TOTALS $652,569 $815,712RELEASED AMOUNTS:$333,032 $75,983 $81,763$184,932CUMMULATIVE AMOUNTS:$333,032 $409,014 $490,778SECURITY AMOUNT REMAINING:$482,681 $406,698 $324,935DATE: 2/21/2017 5/16/2017 10/17/2017REDUCTIONS
EASTON VILLAGE 2ND ADDITION October 31, 2017DEVELOPMENT AGREEMENT AMOUNTSCATEGORY CONSTRUCTION 125% REMARKS #1 #2 #3 #4 #5 #6Grading $238,969 $298,711.25 $298,711Grading $38,286 $47,858Sanitary Sewer $54,276 $67,845Watermain $60,848 $76,059Storm Sewer $54,920 $68,650Streets and Sidewalks $226,308 $282,885Trails $12,570 $15,713Surface Water Facilities $0 $0included in Grading AgreementStreet Lighting $48,000 $60,000By Xcel EnergyStreet Signs and Traffic Control Signs $700 $875Private Utilities (electricity, natural gas, telephone, and cable)Landscaping $46,008 $57,510Tree Preservation and Restoration NA NAincluded in Grading AgreementWetland Mitigation and Buffers NA NALOC Through VBWDMonuments $1,900 $2,375Erosion Control $15,406 $19,257included in Grading AgreementMisc. $0 $0NoneRecord Drawings $3,000 $3,750TOTALS $562,221 $702,776RELEASED AMOUNTS:$0 $0 $0 $0 $0 $0CUMMULATIVE AMOUNTS:$0SECURITY AMOUNT REMAINING:$702,776DATE:10/17/2017Time of Performance: REDUCTIONS
STAFF REPORT
DATE: October 17, 2017
CONSENT
Item #: 16
AGENDA ITEM: I-94 Lift Station (No. 1) and Sanitary Sewer Improvements - Change
Order No. 2
SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director
Chad Isakson, Project Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve Change Order No. 2 for the I-94 Lift Station (No. 1) and Sanitary Sewer Improvements? BACKGROUND: RL Larson Excavating, Inc. was awarded a construction contract to complete the I-94 Lift Station (No. 1) and Sanitary Sewer Improvements on May 2, 2017. Construction is in progress.
PROPOSAL DETAILS/ANALYSIS: RL Larson Excavating, Inc. has submitted a change order to revise the substantial completion date from October 6, 2017 to November 17, 2017 and revise the final completion
date from November 3, 2017 to December 15, 2017. The extended contract completion period is needed to allow for the delay in ordering and delivery of the revised lift station pumps previously approved by the City as Change Order No. 1.
Change Order No. 1 was approved by the City at the June 20, 2017 meeting, 7-weeks after the contract was awarded, to revise the lift station pump design to meet new Met Council discharge requirements. The change in pump design resulted in delays in ordering the pumps. FISCAL IMPACT: None. This change order does not change the contract amount. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Change Order No. 2 for the I-94 Lift Station (No. 1) and Sanitary Sewer Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Change Order No. 2 for the I-94 Lift Station (No. 1) and Sanitary Sewer
Improvements, thereby revising the substantial completion date from October 6, 2017 to November 17, 2017 and revising the final completion date from November 3, 2017 to December 15, 2017”. ATTACHMENTS:
1. Change Order No. 2.
CONTRACT CHANGE ORDER FORM
CHANGE ORDER NO. DATE:
TO:
UNIT
Amount of Original Contract $
Sum of Additions/Deductions approved to date (CO No. 1) $
Contract Amount to date $
Amount of this Change Order (ADD) (DEDUCT) (NO CHANGE)$
Revised Contract Amount $
The Contract Period for Completion will be (UNCHANGED) (INCREASED) (DECREASED)days
APPROVED BY ENGINEER: FOCUS ENGINEERING APPROVED BY CONTRACTOR
DATE DATE
APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA
DATE DATE
$0.00
CITY OF LAKE ELMO, MINNESOTA
BYBY
CHANGE ORDER DESCRIPTION / JUSTIFICATION:
This Change Order revises the substantial completion date from October 6, 2017 to November 17, 2017 and revises the final
completion date from November 3, 2017 to December 15, 2017.
Change Order No. 1 for revising the 3 lift station pumps was approved at the June 20, 2017 City Council Meeting (7‐weeks
after award of the contract). The Contractor ordered the pumps after receiving approved shop drawings from the Engineer.
Based on the availability of the pumps, the Contractor was unable to start and complete the project within the specified
completion date.
Attachments (list documents supporting change):None
DESCRIPTION OF PAY ITEM QTY UNITE PRICE
NET CONTRACT CHANGE
ITEM
RL Larson Excavating, Inc., 2255 12th Street SE, St. Cloud, MN 56304
I‐94 LIFT STATION (NO. 1) AND SANITARY SEWER IMPROVEMENTS
PROJECT NO. 2016.134
2 October 10, 2017
42
This Document will become a supplement to the Contract and all provisions will apply hereto. The Contract Documents are
modified as follows upon execution of this Change Order.
BYENGINEER
809,129.70
17,853.72
826,983.42
0.00
826,983.42
INCREASE/(DECREASE)
10/10/2017
FOCUS Engineering, inc.CHANGE ORDER FORM
STAFF REPORT
DATE: October 17, 2017
CONSENT
Item #: 17
AGENDA ITEM: Old Village Phase 3 Street, Drainage, and Utility Improvements - Change
Order No. 3
SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator
Rob Weldon, Public Works Director
Chad Isakson, Project Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve Change Order No. 3 for the Old Village Phase 3 Street, Drainage, and Utility Improvements?
BACKGROUND: Douglas-Kerr Underground, LLC was awarded a construction contract to complete the Old Village Phase 3 Street, Drainage, and Utility Improvements on May 16, 2017.
PROPOSAL DETAILS/ANALYSIS: Douglas-Kerr Underground, LLC has submitted a change order to address additional work completed due to unforeseen conditions and paid on a time and material basis for:
1.Locating a water service valve to 3800 Laverne Avenue not accurately shown on record plans oridentified in the field. 2.Uncovering a buried storm sewer flared end section on Lake Elmo Elementary School property and
determining if the pipe was active or not. 3.Reconfiguring an existing sanitary sewer connection at 3880 Laverne Avenue.
FISCAL IMPACT: This change order will increase the contract in the amount of $9,016.07 bringing the revised construction contract to $1,578,554.02. With this change order the project remains within the authorized project budget and contingencies.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Change Order No. 3 for the Old Village Phase 3 Street, Drainage, and Utility Improvements. If removed from the consent agenda, the recommended motion for the action is as follows:
“Move to approve Change Order No. 3 for the Old Village Phase 3 Street, Drainage, and Utility Improvements, thereby increasing the contract amount by $9,016.07”.
ATTACHMENTS:
1.Change Order No. 3.
STAFF REPORT
DATE: October 17, 2017
CONSENT
Item #: 18
AGENDA ITEM: Old Village Phase 3: Street, Drainage and Utility Improvements – Pay
Request No. 4
SUBMITTED BY: Chad Isakson, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Jack Griffin, City Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve Pay Request No. 4 for the Old Village Phase 3: Street, Drainage and Utility Improvements?
BACKGROUND: Douglas-Kerr Underground, LLC was awarded a construction contract on May 16, 2017 to complete the Old Village Phase 4: Street, Drainage and Utility Improvements. The substantial completion date for the project is October 20, 2017.
PROPOSAL DETAILS/ANALYSIS: Douglas-Kerr Underground, LLC, has submitted Partial Pay Request No. 4 in the amount of $354,622.10. The request has been reviewed and payment is recommended
in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed. The amount retained is $51,304.86.
FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Pay Request No. 4 for the Old Village Phase 3: Street, Drainage and Utility Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows:
“Move to approve Pay Request No. 4 to Douglas-Kerr Underground, LLC in the amount of $354,622.10 for the Old Village Phase 3: Street, Drainage and Utility Improvements project”.
ATTACHMENTS:
1.Partial Pay Estimate No. 4.
PARTIAL PAY ESTIMATE NO. 4
OLD VILLAGE PHASE 3 IMPROVEMENTS
CITY OF LAKE ELMO, MINNESOTA
PROJECT NO. 2016.133
QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT
1 LS 1 $58,045.95 $58,045.95 0.00 $0.00 0.75 $43,534.46
2 ACRE 1.15 $6,000.00 $6,900.00 0.25 $1,500.00 1.20 $7,200.00
3 TREE 42 $200.00 $8,400.00 0.00 $0.00 43.00 $8,600.00
4 LF 2884 $1.20 $3,460.80 1,683.00 $2,019.60 2,552.00 $3,062.40
5 LF 144 $11.45 $1,648.80 0.00 $0.00 101.00 $1,156.45
6 LF 440 $3.00 $1,320.00 207.00 $621.00 307.00 $921.00
7 EACH 1 $450.00 $450.00 0.00 $0.00 1.00 $450.00
8 SY 10246 $1.10 $11,270.60 0.00 $0.00 10,246.00 $11,270.60
9 SY 765 $3.75 $2,868.75 580.50 $2,176.88 957.80 $3,591.75
10 SY 300 $6.25 $1,875.00 0.00 $0.00 357.50 $2,234.38
11 EACH 3 $260.00 $780.00 0.00 $0.00 3.00 $780.00
12 EACH 14 $90.00 $1,260.00 1.00 $90.00 4.00 $360.00
13 EACH 6 $450.00 $2,700.00 4.00 $1,800.00 6.00 $2,700.00
14 LF 240 $3.50 $840.00 0.00 $0.00 248.50 $869.75
15 LF 610 $2.75 $1,677.50 0.00 $0.00 0.00 $0.00
16 LF 200 $27.00 $5,400.00 0.00 $0.00 165.00 $4,455.00
17 LF 100 $24.00 $2,400.00 0.00 $0.00 90.00 $2,160.00
18 EACH 8 $35.00 $280.00 0.00 $0.00 0.00 $0.00
19 EACH 5 $160.00 $800.00 0.00 $0.00 0.00 $0.00
20 EACH 26 $90.00 $2,340.00 0.00 $0.00 13.50 $1,215.00
21 SF 200 $23.00 $4,600.00 0.00 $0.00 35.00 $805.00
22 CY 12605 $10.85 $136,764.25 0.00 $0.00 5,168.00 $56,072.80
23 CY 467 $32.50 $15,177.50 0.00 $0.00 0.00 $0.00
24 CY 400 $29.85 $11,940.00 3.70 $110.45 21.60 $644.76
25 CY 7764 $19.00 $147,516.00 0.00 $0.00 2,620.00 $49,780.00
26 SY 1000 $1.50 $1,500.00 0.00 $0.00 4,791.30 $7,186.95
27 CY 2288 $31.95 $73,101.60 0.00 $0.00 933.00 $29,809.35
28 HOUR 40 $150.00 $6,000.00 8.50 $1,275.00 21.25 $3,187.50
29 GAL 501 $1.40 $701.40 30.00 $42.00 30.00 $42.00
30 TON 230 $101.00 $23,230.00 149.72 $15,121.72 149.72 $15,121.72
31 TON 590 $54.50 $32,155.00 0.00 $0.00 0.00 $0.00
32 TON 315 $63.00 $19,845.00 0.00 $0.00 0.00 $0.00
33 TON 790 $48.75 $38,512.50 0.00 $0.00 0.00 $0.00
34 TON 420 $56.25 $23,625.00 0.00 $0.00 420.85 $23,672.81
35 TON 170 $0.01 $1.70 82.37 $0.82 82.37 $0.82
36 LF 1400 $3.25 $4,550.00 0.00 $0.00 0.00 $0.00
37 LF 1600 $0.01 $16.00 0.00 $0.00 0.00 $0.00
38 EACH 1 $1,024.05 $1,024.05 0.00 $0.00 0.00 $0.00
39 EACH 1 $1,095.10 $1,095.10 0.00 $0.00 0.00 $0.00
40 EACH 2 $1,470.00 $2,940.00 0.00 $0.00 0.00 $0.00
41 EACH 2 $2,466.45 $4,932.90 0.00 $0.00 2.00 $4,932.90
42 LF 410 $0.01 $4.10 0.00 $0.00 0.00 $0.00
43 LF 1300 $10.50 $13,650.00 0.00 $0.00 400.00 $4,200.00
44 EACH 20 $175.00 $3,500.00 0.00 $0.00 0.00 $0.00
45 LF 3236 $35.10 $113,583.60 1,346.00 $47,244.60 3,230.00 $113,373.00
46 LF 125 $36.55 $4,568.75 60.00 $2,193.00 125.00 $4,568.75
47 LF 741 $32.60 $24,156.60 626.00 $20,407.60 626.00 $20,407.60
48 LF 350 $30.35 $10,622.50 48.00 $1,456.80 279.00 $8,467.65
49 LF 178 $37.85 $6,737.30 116.00 $4,390.60 116.00 $4,390.60
50 LF 101 $100.90 $10,190.90 0.00 $0.00 109.00 $10,998.10
51 EACH 2 $2,939.55 $5,879.10 1.00 $2,939.55 2.00 $5,879.10
52 EACH 7 $1,580.75 $11,065.25 3.00 $4,742.25 5.00 $7,903.75
53 EACH 8 $2,432.30 $19,458.40 6.00 $14,593.80 9.00 $21,890.70
54 EACH 2 $3,484.05 $6,968.10 0.00 $0.00 1.00 $3,484.05
55 EACH 1 $3,940.80 $3,940.80 0.00 $0.00 0.00 $0.00
56 EACH 1 $4,945.05 $4,945.05 0.00 $0.00 1.00 $4,945.05
57 EACH 21 $500.75 $10,515.75 21.00 $10,515.75 21.00 $10,515.75
58 EACH 9 $1,004.55 $9,040.95 0.00 $0.00 6.00 $6,027.30
59 EACH 4 $324.60 $1,298.40 0.00 $0.00 0.00 $0.00
60 EACH 1 $986.40 $986.40 1.00 $986.40 1.00 $986.40
61 EACH 4 $254.20 $1,016.80 1.00 $254.20 1.00 $254.20
62 EACH 5 $429.50 $2,147.50 2.00 $859.00 2.00 $859.00
63 LF 815 $11.05 $9,005.75 796.00 $8,795.80 796.00 $8,795.80
64 LF 760 $20.45 $15,542.00 0.00 $0.00 340.00 $6,953.00
65 LF 250 $9.70 $2,425.00 123.00 $1,193.10 123.00 $1,193.10
66 LF 290 $14.15 $4,103.50 275.00 $3,891.25 463.00 $6,551.45
67 EACH 36 $167.60 $6,033.60 0.00 $0.00 0.00 $0.00
68 EACH 14 $3,175.50 $44,457.00 5.00 $15,877.50 15.00 $47,632.50
69 LF 48 $137.15 $6,583.20 5.70 $781.76 49.18 $6,745.04
70 LF 3236 $1.25 $4,045.00 0.00 $0.00 0.00 $0.00
71 SY 120 $14.30 $1,716.00 118.65 $1,696.70 118.65 $1,696.70
72 LS 1 $25,028.00 $25,028.00 0.00 $0.00 1.00 $25,028.00
73 EACH 27 $279.20 $7,538.40 21.00 $5,863.20 22.00 $6,142.40
74 EACH 3 $726.45 $2,179.35 0.00 $0.00 2.00 $1,452.90
75 EACH 27 $362.85 $9,796.95 21.00 $7,619.85 22.00 $7,982.70
76 EACH 3 $839.00 $2,517.00 0.00 $0.00 3.00 $2,517.00
77 EACH 1 $390.95 $390.95 1.00 $390.95 1.00 $390.95
78 EACH 3 $1,025.40 $3,076.20 1.00 $1,025.40 3.00 $3,076.20
6" PVC Sanitary Service Pipe ‐ Sch40
4" PVC Sanitary Service Pipe ‐ Sch40
2" HDPE Pressure Pipe
Tracer Wire Box ‐ (at property line)
Sanitary Sewer Manhole (10' Deep)
Sanitary Sewer Manhole Extra Depth
2"x1‐1/4" Fused Tee
2" Rigid Insulation
Temporary Water Service
1" Corporation Stop
2" Corporation Stop
1" Curb Stop & Box
2" Curb Stop & Box
8" x 1 ‐1/4" Saddle Tap
Connect to Existing Water Main
15" RC Pipe Apron w/Trash Guard
18" RC Pipe Apron w/Trash Guard
21" RC Pipe Apron w/Trash Guard
36" Span RC Pipe‐Arch Apron w/Trash Guard
Infiltration Basin Underdrain System
18" RC Pipe Sewer, Des 3006 CL V
21" RC Pipe Sewer, Des 3006 CL III
36" Span RC Pipe‐Arch Sewer CL IIA
Connect to Existing Sanitary Sewer
Construct Drainage Structure 2'x3' (w/ CasƟng)
4" PVC Perf. Edge Drain w/ Backfill & Wrap
Draintile Cleanout
8" PVC Pipe Sewer (SDR 26)
12" RC Pipe Sewer, Des 3006 CL V
15" RC Pipe Sewer, Des 3006 CL V
8"X6" PVC Wye, SDR 26
6" Clean‐Out Assembly (SCH 40)
2" Pressure Cleanout & CurbstopAssembly
Construct Drainage Structure Des. CC ‐ 48" (w/ CasƟng)
Construct Drainage Structure Des. CC ‐ 60" (w/ CasƟng)
Construct Drainage Structure Des. CC ‐ 72" (w/ CasƟng)
Construct Drainage Structure Des. CC ‐ 84" (w/ CasƟng)
8"X4" PVC Wye, SDR 26
1‐1/4" HDPE Service Pipe
Sewer Televising
Type SP 9.5 Wearing Course Mix (3,B)
1‐1/4" Curb Stop & Box
Pulverize Bituminous Pavement (P)
Remove Bituminous Driveway & Parking Lot Pavement
Remove Concrete Driveway Pavement
Remove Catch Basin or Manhole (Storm)
Salvage and Install Fence
Salvage Sign (Type C or Street Name Sign)
Remove Gate Valve & Box
Sawing Concrete Pavement (Full Depth)
Sawing Bit Pavement (Full Depth)
Salvage Retaining Wall
Agg. Base, Cl. 6 (CV) (P)
Street Sweeping
Bit. Material for Tack Coat
Type SP 9.5 Wearing Course Mix (2,C) (Parking Lots, Driveways & Bike Trails
Remove Hydrant
Type SP 9.5 Wearing Course Mix (3,C)
Salvage & Install Sign Type C
Type SP 12.5 Wearing Course Mix (3,B)
Type SP 12.5 Wearing Course Mix (3,.C)
Bituminous Wedge Paving
Saw & Seal Joint (40' Intervals)
Pipe Foundation Rock
ITEM DESCRIPTION OF PAY ITEM UNIT
CONTRACT THIS PERIOD TOTAL TO DATE
DIVISION 1
Mobilization
Clearing & Grubbing
Clearing & Grubbing
Salvage & Install Mailbox Assembly
Salvage & Install Pavers (Incl. Flagstone Steps & Wall)
Common Excavation (P)
Infiltration Basin Excavation (EV)
Subgrade Correction (EV)(Includes Select Granular Borrow ‐ Mod 5%)
Select Granular Borrow ‐ Mod. 5% (CV)(P)
Geotextile Fabric, Type V
Remove Water Main Pipe
Remove Sewer Pipe (Storm)
Remove Backstop Fence
Remove Concrete Curb & Gutter
QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT
ITEM DESCRIPTION OF PAY ITEM UNIT
CONTRACT THIS PERIOD TOTAL TO DATE
79 EACH 34 $382.35 $12,999.90 21.00 $8,029.35 27.00 $10,323.45
80 EACH 8 $4,199.10 $33,592.80 5.00 $20,995.50 11.00 $46,190.10
81 EACH 14 $1,586.10 $22,205.40 5.00 $7,930.50 15.00 $23,791.50
82 EACH 8 $2,036.45 $16,291.60 6.00 $12,218.70 8.00 $16,291.60
83 EACH 4 $3,023.65 $12,094.60 0.00 $0.00 4.00 $12,094.60
84 LF 1095 $9.20 $10,074.00 839.00 $7,718.80 890.00 $8,188.00
85 LF 90 $22.95 $2,065.50 0.00 $0.00 60.00 $1,377.00
86 LF 394 $24.45 $9,633.30 62.00 $1,515.90 267.00 $6,528.15
87 LF 2424 $32.30 $78,295.20 1,631.00 $52,681.30 2,441.00 $78,844.30
88 LF 892 $60.95 $54,367.40 0.00 $0.00 892.00 $54,367.40
89 LB 3606 $3.25 $11,719.50 656.00 $2,132.00 3,726.00 $12,109.50
90 CY 40 $115.00 $4,600.00 8.00 $920.00 28.00 $3,220.00
91 SF 5100 $4.90 $24,990.00 5,083.00 $24,906.70 5,083.00 $24,906.70
92 SF 480 $6.10 $2,928.00 709.90 $4,330.39 709.90 $4,330.39
93 LF 365 $19.00 $6,935.00 159.50 $3,030.50 159.50 $3,030.50
94 LF 5525 $12.25 $67,681.25 1,868.00 $22,883.00 1,868.00 $22,883.00
95 SY 300 $47.75 $14,325.00 0.00 $0.00 0.00 $0.00
96 SY 125 $55.75 $6,968.75 108.80 $6,065.60 108.80 $6,065.60
97 SF 72 $30.00 $2,160.00 92.50 $2,775.00 92.50 $2,775.00
98 LS 1 $2,300.00 $2,300.00 0.00 $0.00 0.00 $0.00
99 SF 21 $43.50 $913.50 0.00 $0.00 0.00 $0.00
100 EACH 3 $495.00 $1,485.00 0.00 $0.00 0.00 $0.00
101 LF 2400 $1.25 $3,000.00 0.00 $0.00 715.00 $893.75
102 EACH 23 $125.00 $2,875.00 3.00 $375.00 19.00 $2,375.00
103 CY 125 $39.50 $4,937.50 0.00 $0.00 0.00 $0.00
104 CY 1500 $24.75 $37,125.00 178.33 $4,413.67 178.33 $4,413.67
105 SY 6300 $5.25 $33,075.00 0.00 $0.00 0.00 $0.00
106 ACRE 2 $1,108.00 $2,216.00 0.00 $0.00 0.00 $0.00
107 ACRE 0.2 $777.00 $155.40 0.00 $0.00 0.00 $0.00
108 SY 2400 $1.35 $3,240.00 500.00 $675.00 2,100.00 $2,835.00
109 LF 800 $2.10 $1,680.00 160.00 $336.00 160.00 $336.00
110 LF 700 $15.50 $10,850.00 0.00 $0.00 630.00 $9,765.00
111 EACH 4 $1,400.00 $5,600.00 0.00 $0.00 0.00 $0.00
$1,576,039.15 $366,409.42 $999,061.34
TOTALS ‐ BASE CONTRACT $1,576,039.15 $366,409.42 $999,061.34
CHANGE ORDER NO. 1
CO1‐1 CY ‐467.0 $32.50 ‐$15,177.50 0.00 $0.00 0.0 $0.00
CO1‐2 EACH ‐1.0 $1,024.05 ‐$1,024.05 0.00 $0.00 0.0 $0.00
CO1‐3 EACH ‐1.0 $1,470.00 ‐$1,470.00 0.00 $0.00 0.0 $0.00
CO1‐4 LF ‐410.0 $0.01 ‐$4.10 0.00 $0.00 0.0 $0.00
CO1‐5 CY ‐125.0 $39.50 ‐$4,937.50 0.00 $0.00 0.0 $0.00
CO1‐6 LF 230.0 $68.90 $15,847.00 0.00 $0.00 236.0 $16,260.40
CO1‐7 EACH 3.0 $1,299.50 $3,898.50 0.00 $0.00 3.0 $3,898.50
CO1‐8 EACH ‐3.0 $1,004.55 ‐$3,013.65 0.00 $0.00 0.0 $0.00
CO1‐9 EACH ‐4.0 $324.60 ‐$1,298.40 0.00 $0.00 0.0 $0.00
CO1‐10 LF ‐460.0 $20.45 ‐$9,407.00 0.00 $0.00 0.0 $0.00
TOTALS ‐ CHANGE ORDER NO. 1 ‐$16,586.70 $0.00 $20,158.90
CHANGE ORDER NO. 2
CO2‐1 AC 2.0 $3,450.00 $6,900.00 1.07 $3,691.50 1.07 $3,691.50
CO2‐2 LS 1.0 $650.00 $650.00 1.00 $650.00 1.0 $650.00
CO2‐3 CY 20.0 $88.00 $1,760.00 20.00 $1,760.00 20.0 $1,760.00
CO2‐4 LF 15.0 $51.70 $775.50 15.00 $775.50 15.0 $775.50
TOTALS ‐ CHANGE ORDER NO. 2 $10,085.50 $6,877.00 $6,877.00
TOTALS ‐ REVISED CONTRACT $1,569,537.95 $373,286.42 $1,026,097.24
REMOVE INFILTRATION BASIN EXCAVATION (EV)
Connect to Existing Water Service
Hydrant
6" Gate Valve & Box
8" Gate Valve & Box
16" Butterfly Valve & Box
1" Type K Copper Pipe
2" Type K Copper Pipe
6" Water Main DIP ‐ CL 52 (Poly Encased)
REMOVE 15" RC PIPE APRON W/TRASH GUARD
SUBTOTAL ‐ DIVISION 1
REMOVE 6" CLEAN‐OUT ASSEMBLY (SCH 40)
REMOVE 21" RC PIPE APRON W/TRASH GUARD
REMOVE INFILTRATION BASIN UNDERDRAIN SYSTEM
REMOVE FILTER TOPSOIL BORROW (PULVERIZED) (LV)
REMOVE 6" PVC SANITARY SERVICE PIPE ‐ SCH 40
8"X6" C900 WYE
8" Water Main DIP ‐ CL 52 (Poly Encased)
16" Water Main DIP ‐ CL 52 (Poly Encased)
Water Main Fittings
Random Rip‐Rap, Class III (includes Geotextile Fabric)
5" Concrete Walk
6" Concrete Walk ‐ Pedestrian Ramp
B612 Concrete Curb & Gutter
BONDED FIBER MATRIX MULCH
REMOVE SHED
MULCH
BLACK VINYL COATED FENCE
B618 Concrete Curb & Gutter
6" Concrete Driveway Pavement
8" Concrete Driveway Pavement
Seeding (Seed Mixture Type 25‐131)
Seeding (Seed Mixture Type Basin)
Erosion Control Blanket Category 3N
Sediment Control Log
6' Wide Agg. Lime Walking Trail
Temporary Rock Construction Entrance
Truncated Domes
Traffic Control
Sign Panels, Type C
Sign, Type Special (Street Name)
Silt Fence, Preassembled
Storm Drain Inlet Protection
Filter Topsoil Borrow (Pulverized) (LV)
Common Topsoil Borrow (Pulverized) (LV)
Sodding, Type Mineral
8" C900 PIPE SEWER
REMOVE 8"X6" PVC WYE, SDR 26
STAFF REPORT
DATE: October 17, 2017
CONSENT
Item #: 19
AGENDA ITEM: 2017 Mill & Overlay Project – Compensating Change Order No. 2
SUBMITTED BY: Ryan Stempski, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Jack Griffin, City Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve Compensating Change Order No. 2 for the 2017 Mill & Overlay Project? BACKGROUND: Hardrives, Inc. was awarded a construction contract to complete the 2017 Mill & Overlay Project on July 18, 2017. The substantial completion date for the project was October 6, 2017. PROPOSAL DETAILS/ANALYSIS: This change order includes the addition of 2-foot aggregate shoulders along 43rd Street and Kimbro Avenue in the amount of $5,000 and reconciles the estimated and actual quantities installed on the project resulting in a net decreases to the final contract amount by $6,719.01. The final construction contract amount is $245,717.58 or 2.7% under the construction contract amount of $252,436.59. FISCAL IMPACT: This change order revises the final construction contract to $245,717.58, which is a net decrease in the contract in the amount of $6,719.01. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Compensating Change Order No. 2 for the 2017 Mill & Overlay Project. If removed from the
consent agenda, the recommended motion for the action is as follows: “Move to approve Compensating Change Order No. 2 for the 2017 Mill & Overlay Project, thereby decreasing the final contract amount by $6,719.01”. ATTACHMENTS: 1. Compensating Change Order No. 2.
STAFF REPORT
DATE: October 17, 2017
CONSENT
ITEM #: 20
AGENDA ITEM: 2017 Mill & Overlay Project – Accept Improvements and Approve Pay
Request No. 1 (Final)
SUBMITTED BY: Ryan Stempski, Project Engineer
REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Jack Griffin, City Engineer
ISSUE BEFORE COUNCIL: Should the City Council accept the improvements and approve Pay Request No. 1 (Final) for the 2017 Mill & Overlay Project? BACKGROUND: Hardrives, Inc. was awarded a construction contract on July 18, 2017 to complete the Mill & Overlay Project. The substantial completion date for the project was October 6, 2017. PROPOSAL DETAILS/ANALYSIS: Hardrives, Inc., the Contractor for the project, has completed the 2017 Mill & Overlay Project in accordance with the construction contract. The Project Engineer has
prepared a Certificate of Completion indicating that all work is completed, including all punch list items, and is recommending the acceptance of the improvements and release of final retainage. Project acceptance will initiate the one-year warranty period for the improvements. The one-year warranty will begin on
October 17, 2017 and will extend through October 17, 2018. The final total construction cost for the project is $245,717.58 which is 2.7% under the contract amount of
$252,436.59. FISCAL IMPACT: None. Final payment is proposed in accordance with the contract for the project. The Project has been completed within the authorized scope and budget. RECOMMENDATION: Staff is recommending that the City Council, as part of the Consent Agenda, accept the improvements and approve Pay Request No. 1 (Final) for the 2017 Mill & Overlay Project. If removed from the consent agenda, the recommended motion for the action is as follows:
“Move to accept the 2017 Mill & Overlay Improvements and approve Pay Request No. 1 (Final) to Hardrives, Inc. in the amount of $245,717.58”. ATTACHMENTS:
1. Certificate of Completion.
2. Pay Estimate No. 1 (Final).
CITY OF LAKE ELMO, MN 2017 MILL & OVERLAY PROJECT PROJECT NO. 2017.151
CERTIFICATE OF COMPLETION
DATE OF ISSUANCE: October 17, 2017
OWNER: CITY OF LAKE ELMO, MN
CONTRACTOR: HARDRIVES, INC.
PROJECT NAME: 2017 MILL & OVERLAY PROJECT
PROJECT NO.: 2017.151
This Certification of Completion applies to all work under the Contract Documents
This Certification of Completion applies to the following specified parts of the Contract Documents
I do hereby certify that the work to which this Certificate applies has been constructed in accordance with the Contract dated July 18, 2017. The above-mentioned improvement is hereby declared to be
complete and acceptance of this work is recommended. DATE OF COMPLETION: October 17, 2017 Ryan Stempski, PE Reg. No. 45395
FOCUS Engineering, inc.
THE WARRANTY PERIOD BEGINS October 17, 2017 AND ENDS October 17, 2018
STAFF REPORT
DATE: 10/17/2017
REGULAR
ITEM #: 21
MOTION
TO: City Council
FROM: Rob Weldon, Public Works Director
AGENDA ITEM: Lions Park Change Order #2 – Increase Infield Size
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: During the August 1, 2017 City Council meeting it was approved to award a contract for Lions Park Improvements. These improvements include field grading and alignment with the 45th Parallel, perimeter fence, and lighting. Miller Architecture as approved by City Council in September 2016 conducted site design for the area to include a ballfield. The infield was designed all along with 60 foot bases. This spacing is typically what is required for softball and youth under 12, who are the main users of the field. ISSUE BEFORE COUNCIL: Should the City Council approve Change Order #2 to increase the infield dimensions to accommodate 75ft baselines?
PROPOSAL DETAILS/ANALYSIS: Despite having included Lake Elmo Baseball in the discussion of the field from the beginning, this past
week they communicated to staff that they need base paths that are 75ft in length and a pitcher’s mound at 52ft. It is the understanding of staff that Miller Architecture gathered input from Lake Elmo Baseball in the design phase of improvements and no comment was made regarding 75ft base paths. Plans were
subsequently designed and approved for a field with 60ft bases and the contract for said work was approved on August 1, 2017. FISCAL IMPACT: Cost to lengthen the ball field to accommodate 75ft base paths and a 52ft pitcher’s mound would be $5,400. Lake Elmo Baseball has agreed to donate $5,400 to this project. Therefore, there will be no impact to City funds or park funds. OPTIONS: 1) Approve Lions Park Change Order #2 2) Do not approve Lions Park Change Order #2
RECOMMENDATION: If removed from the consent agenda:
“Motion to approve Lions Park Change Order #2” ATTACHMENTS: None
STAFF REPORT
DATE: October 17, 2017
REGULAR
Item #: 23
AGENDA ITEM: 2017 Street Improvements – Assessment Hearing on Improvements and
Adopting the Final Assessment Roll
SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Brian Swanson, Finance Director
Sarah Sonsalla, City Attorney Chad Isakson, Assistant City Engineer
ISSUE BEFORE COUNCIL: Should the City Council hold the final assessment hearing for the 2017 Street Improvements and, after closing the hearing, adopt the final assessment roll?
BACKGROUND: On September 19, 2017, the City Council approved a Resolution declaring the costs to be assessed, ordering the preparation of the proposed assessment, and calling for the hearing on proposed assessment for the 2017 Street Improvements. Mailed notice has been provided to each assessed property
and notice of the public hearing has been published in the local paper.
PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429 the Council must
declare the final amount to be assessed against the benefitting properties and the hearing on the proposed assessment for these improvements must be conducted. Staff has attached a Final Assessment Roll which must be certified to the County Auditor by November 30, 2017.
The Final Assessment Rolls have been calculated based on the final project costs and in accordance with the City’s Special Assessment Policy. The final total project cost, at completion, is $1,318,000; down from
the feasibility report cost of $1,400,000. The table below summarizes the preliminary unit assessment from the feasibility report and the proposed final unit assessment. In accordance with the assessment policy there are two properties along the project that are being assessed 50% of the unit assessment because they have a driveway access to two different streets and will be assessed for improvements to each street project. Two other properties are proposed to be assessed 2 unit assessments because the properties could be subdivided under their current zoning and land use designations. The attached final assessment roll details the proposed assessment for each parcel.
Table 1: Assessment Comparison
Feasibility Report Proposed Final Assessment
2017 Streets Improvements –
Residential Property
$6,400 $5,900
Assessments for street improvements are being levied over 15 years.
FISCAL IMPACT: The total project cost is $1,318,000 with $395,300 paid through special assessments
and the remaining $922,700 paid through the general tax levy. Holding the final assessment hearing follows state statute for assessing benefitting properties and adopting the final assessment roll finalizes the special assessments to be levied for the improvements.
RECOMMENDATION: Staff is recommending that the City Council approve Resolution No. 2017-115, Adopting the Final Assessment Roll for the 2017 Street Improvements. The recommended motion for this
action is as follows: “Move to approve Resolution No. 2017-109, Adopting the Final Assessment Roll for the 2017 Street Improvements.” ATTACHMENTS: 1. Resolution Adopting the Final Assessment Roll on Street Improvements. 2. Notice of Hearing on Proposed Assessment. 3. Final Assessment Roll.
CITY OF LAKE ELMO
WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-109 A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE 2017 STREET IMPROVEMENTS
WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the 2017 Street Improvements including
street, drainage and utility improvements of 55th Street North from Demontreville Trail North to Jamaca Avenue North, 55th Street North from Jamaca Avenue North to 57th Street North, 57th Street North from Julep Way North to Keats Avenue North, Jamaca Avenue North from 55th Street North to Jamaca
Boulevard North, and Jamaca Boulevard North from 55th Street North to Jamaca Avenue North. NOW, THEREFORE, BE IT RESOLVED,
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount
of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over 15 years, the first of the installments to be payable on or before the first Monday in January, 2018, and shall bear interest at the rate of 4.00% percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2017. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the county auditor, pay the whole of the assessment on such property, with the interest accrued
to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SEVENTEENTH DAY OF OCTOBER, 2017. CITY OF LAKE ELMO
By: __________________________ Mike Pearson (Seal) Mayor
ATTEST: ________________________________ Julie Johnson City Clerk
CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT
2017 STREET IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the council chambers of the city hall at or approximately after 7:00 P.M. on Tuesday, October 17,
2017, to consider, and possibly adopt, the proposed assessment against benefitting
property for the 2017 Street Improvements. Adoption by the Council of the proposed assessment may occur at the hearing. The following describes the area proposed to be assessed:
• Street and drainage improvements along 55th Street North from Demontreville Trail North to Jamaca Avenue North, 55th Street North from Jamaca Avenue North to 57th Street North, 57th Street North from Julep Way North to Keats Avenue North, Jamaca Avenue North from 55th Street North to Jamaca
Boulevard North, Jamaca Boulevard North from 55th Street North to Jamaca
Avenue North. You may at any time prior to certification of the assessment to the county auditor pay the entire assessment on such property to the City Clerk with interest accrued to the date of
payment. No interest shall be charged if the entire assessment is paid to the City Clerk
within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the
succeeding year. If you decide not to prepay the assessment before the date given above
the rate of interest that will apply is 4.00 percent per year. Once assessments are certified to the County, the assessments are payable in equal annual installments extending over a period of 15 years for street improvements, the first of the
installments to be payable on or before the first Monday in January 2018, and will bear
interest at the rate of 4.00 percent per annum from the date of adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments.
The proposed assessment roll is on file for public inspection at the City Clerk’s office. The total amount of the proposed street improvement assessments is $395,300. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner
is filed with the municipal clerk prior to the assessment hearing or presented to the
presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable.
An owner may appeal an assessment to district court pursuant to Minnesota Statutes,
Section 429.081 by serving notice of the appeal upon the Mayor or Clerk within 30 days
after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. The City Council may, in its discretion, defer the payment of this assessment for any
homestead property owned by a person for whom it would be a hardship to make
payment if the owner is 65 years of age or older and/or the owner is a person retired by virtue of a permanent and total disability or by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person’s
military orders. The owner must request a deferment of the assessment at or before the
public hearing at which the assessment is adopted and make application on forms prescribed by the City Clerk within 30 days after the adoption. Notwithstanding the standards and guidelines established by the City for determining a
hardship, a deferment of an assessment may be obtained pursuant to Minnesota Statutes
Section 435.193. DATED: September 19, 2017 BY ORDER OF THE LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
(Published in the Oakdale-Lake Elmo Review on September 27, 2017)
CITY OF LAKE ELMO, MN.SEPTEMBER 20172017 STREET IMPROVEMENTSFINAL ASSESSMENT ROLLPAGE 1NO. NAMEPID AMOUNT55TH STREET NORTH: DEMONTREVILLE TRAIL TO JAMACA AVENUE1 KLAENHAMMER LEIGH J 8800 55TH ST N 8800 55TH ST N LAKE ELMO MN 55042 0402921110005 5,900.00$ 2 HUNT LEE G & MARY C8810 55TH ST N 8810 55TH ST N LAKE ELMO MN 55042 0402921140001 5,900.00$ 3 OPHEIM JOHN E & BRENDA J 1485 GERVAIS AVE MAPLEWOOD MN 55109 0402921140003 5,900.00$ 4 SPRINGBORN RICHIE W & BETH A8970 55TH ST N 8970 55TH ST N LAKE ELMO MN 55042 0402921140002 5,900.00$ 5 LAWRENCE MATTHEW T & JESSICA A1946 COUNTY RD E E WHITE BEAR LAKE MN 55110 0302921230010 5,900.00$ 6 SPRINGBORN GAYLEN W8989 55TH ST N LAKE ELMO MN 55042 0402921140004 5,900.00$ 7 SPRINGBORN GAYLEN W & WANDA E8989 55TH ST N 8989 55TH ST N LAKE ELMO MN 55042 0402921140005 5,900.00$ 55TH STREET NORTH: JAMACA AVENUE TO 57TH STREET8 CIHON JAMES & LISA 5121 ISLE AVE LAKE ELMO MN 55042 0302921230011 5,900.00$ 9 SCHABERG MARK S & SUSAN H 9055 55TH ST N 9055 55TH ST N LAKE ELMO MN 55042 0302921320019 5,900.00$ 10 SMITH MICHAEL H & AIMEE C 9123 55TH ST N 9123 55TH ST N LAKE ELMO MN 55042 0302921320011 5,900.00$ 11 KASTLER PETER H & MADELINE E & LINDA DORNFELD9130 55TH ST N 9130 55TH ST N LAKE ELMO MN 55042 0302921230012 11,800.00$ 12 PRESTON HOWARD D & LAURIE G MCGINNIS9163 55TH ST N 9163 55TH ST N LAKE ELMO MN 55042 0302921320010 5,900.00$ 13 SHARON N MATTREN LIVING TRS9203 55TH ST N 9203 55TH ST N LAKE ELMO MN 55042 0302921320009 5,900.00$ 14 MILLER WILLIAM T & BARBARA K9240 55TH ST N 9240 55TH ST N LAKE ELMO MN 55042 0302921310012 5,900.00$ 15 BURRESS MICHAEL J & MARY JO 9243 55TH ST N 9243 55TH ST N LAKE ELMO MN 55042 0302921320008 5,900.00$ 16 FROST ARLO P & STEPHANIE L9280 55TH ST N 9280 55TH ST N LAKE ELMO MN 55042 0302921310013 5,900.00$ 17 METZLER DAVID 9303 55TH ST N 9303 55TH ST N LAKE ELMO MN 55042 0302921310009 5,900.00$ 18 SUNDGAARD HANS 9333 55TH ST N 9333 55TH ST N LAKE ELMO MN 55042 0302921310010 5,900.00$ 19 GONZALEZ LAWRENCE & JOY9363 55TH ST N 9363 55TH ST N LAKE ELMO MN 55042 0302921310011 5,900.00$ 20 YAGER PATRICIA & RAYMOND 9393 55TH ST N 9393 55TH ST N LAKE ELMO MN 55042 0302921310002 5,900.00$ 21 STANLEY W & SANDRA K EAYRS TRS9400 55TH ST N 9400 55TH ST N LAKE ELMO MN 55042 0302921310015 5,900.00$ 22 HUGHES JOHN R & CHARLENE 9455 55TH ST N 9455 55TH ST N LAKE ELMO MN 55042 0302921240003 5,900.00$ 23 AUGER THOMAS & MARY 9486 55TH ST N 9486 55TH ST N LAKE ELMO MN 55042 0302921240007 5,900.00$ 24 DIAZ JIMMY 9515 55TH ST N 9515 55TH ST N LAKE ELMO MN 55042 0302921240004 5,900.00$ 25 STEELE DAVID & DEBORAH 9576 55TH ST N 9576 55TH ST N LAKE ELMO MN 55042 0302921240008 5,900.00$ 26 RADERS DEAN A & PRATHER H P JR9589 55TH ST N 9589 55TH ST N LAKE ELMO MN 55042 0302921240005 5,900.00$ 27 GRABOWSKI DENNIS J & SANDRA L GRABOWSKI 9652 55TH ST N 9652 55TH ST N LAKE ELMO MN 55042 0302921240009 5,900.00$ 57TH STREET NORTH: JULEP WAY TO KEATS AVENUE28 CHLEBECK STEPHEN JR & PATRICIA A BARRETT9692 57TH ST N 9692 57TH ST N LAKE ELMO MN 55042 0302921130003 5,900.00$ 29 JURAN LEONARD D & BONNIE M 9784 57TH ST N 9784 57TH ST N LAKE ELMO MN55042 0302921140005 5,900.00$ 30 WEATHERUP ROBERT J & COREY M 9844 57TH ST N 9844 57TH ST N LAKE ELMOMN 55042 0302921140004 5,900.00$ 31 MARKOE BETH A 9875 57TH ST N 9875 57TH ST N LAKE ELMO MN 55042 0302921140007 5,900.00$ 32 PEDERSEN JEFFREY C & SHERRY9896 57TH ST N 9896 57TH ST N LAKE ELMO MN 55042 0302921140003 5,900.00$ 33 RICHARD J EGERSDORF LIV TRS 2/9/16 9960 57TH ST N 9960 57TH ST N LAKE ELMO MN 55042 0302921140002 2,950.00$ 34 LY MONGSHER M & SIA LO 9965 57TH ST N 9965 57TH ST N LAKE ELMO MN 55042 0302921140006 5,900.00$ SUBTOTAL 203,550.00$ ADDRESS MAILING ADDRESS
CITY OF LAKE ELMO, MN.SEPTEMBER 20172017 STREET IMPROVEMENTSFINAL ASSESSMENT ROLLPAGE 2]NO. NAMEPID AMOUNTJAMACA AVENUE NORTH: 55TH STREET TO JAMACA BOULEVARD35 HALL GREGORY K E & DIANA J 5110 JAMACA AVE N 5110 JAMACA AVE N LAKE ELMO MN 55042 0402921440002 5,900.00$ 36 CHOW CHRISTOPHER N Y & GLORIA T CHOW TRS 5120 JAMACA AVE N 5120 JAMACA AVE N LAKE ELMO MN 55042 0402921440007 5,900.00$ 37 ALM ROGER R TRS 5187 JAMACA AVE N 5187 JAMACA AVE N LAKE ELMO MN 550420402921440009 5,900.00$ 38 ANDERSON NEIL D & BONNIE R 5217 JAMACA AVE N 5217 JAMACA AVE N LAKE ELMO MN 55042 0402921440010 5,900.00$ 39 STECKHAHN NICHOLAS F & SARA J 5247 JAMACA AVE N 5247 JAMACA AVE N LAKE ELMO MN 55042 0302921320013 5,900.00$ 40 KREJCI CHARLES K & CHRISTINE D 5277 JAMACA AVE N 5277 JAMACA AVE N LAKE ELMO MN 55042 0302921320014 5,900.00$ 41 LATUFF LOLA J TRS & PETER J LATUFF TRS 5307 JAMACA AVE N 5307 JAMACA AVE N LAKE ELMO MN 55042 0302921320015 5,900.00$ 42 TESKE MARK F & MICHELLE A 5337 JAMACA AVE N 5337 JAMACA AVE N LAKE ELMO MN 55042 0302921320016 5,900.00$ 43 DESSEL RICHARD H & GARNER MARY 5367 JAMACA AVE N 5367 JAMACA AVE N LAKE ELMO MN 55042 0302921320017 5,900.00$ 44 HOFFMAN HELEN N & THOMAS R 5427 JAMACA AVE N 5427 JAMACA AVE N LAKE ELMO MN 55042 0302921320018 5,900.00$ 45 LANDSEM CONAN B & STEPHANIE J 5487 JAMACA AVE N 5487 JAMACA AVE N LAKE ELMO MN 55042 0302921320020 5,900.00$ 46 MUELLER MICHAEL J & SALLY E 5200 ISLE AVE N LAKE ELMO MN 55042 0402921440001 5,900.00$ 47 SPRINGBORN GAYLEN W 8989 55TH ST N LAKE ELMO MN 55042 0402921410003 5,900.00$ JAMACA BOULEVARD NORTH: 55TH STREET TO JAMACA AVENUE48 GROSS CHRISTOPHER L & KATHLEEN M B GROSS 5111 JAMACA BLVD N 5111 JAMACA BLVD N LAKE ELMO MN 55042 0302921330009 2,950.00$ 49 TRAUSCHT D D & E A 5130 JAMACA BLVD N 5130 JAMACA BLVD N LAKE ELMO MN 55042 0302921330002 5,900.00$ 50 REINECK MICHAEL J & STEPHANIE 5131 JAMACA BLVD N 5131 JAMACA BLVD NLAKE ELMO MN 55042 0302921330010 5,900.00$ 51 REARDON JAMES M & JEANINE L 5150 JAMACA BLVD N 5150 JAMACA BLVD N LAKE ELMO MN 55042 0302921330003 5,900.00$ 52 TOMPKINS SCOTT B & MARIA M 5151 JAMACA BLVD N 5151 JAMACA BLVD N LAKE ELMO MN 55042 0302921330011 5,900.00$ 53 REESE JAMES F & DEBRA 5170 JAMACA BLVD N 5170 JAMACA BLVD N LAKE ELMO MN 55042 0302921330004 5,900.00$ 54 OERTEL EDWARD J & ROBIN L 5171 JAMACA BLVD N 5171 JAMACA BLVD N LAKE ELMO MN 55042 0302921330012 5,900.00$ 55 DUPAUL LANCE D & KRISTIN L 5190 JAMACA BLVD N 5190 JAMACA BLVD N LAKE ELMO MN 55042 0302921330005 5,900.00$ 56 ABBOTT DENNIS R & JUDITH A 5193 JAMACA BLVD N 5193 JAMACA BLVD N LAKE ELMO MN 55042 0302921330013 5,900.00$ 57 SATERSMOEN JAMES H & KATHLEE 5210 JAMACA BLVD N 5210 JAMACA BLVD N LAKE ELMO MN 55042 0302921330006 5,900.00$ 58 ANDERSON JACQUELYN L 5211 JAMACA BLVD N 5211 JAMACA BLVD N LAKE ELMOMN 55042 0302921330014 5,900.00$ 59 KERR DAVID F & MARY LOU 5230 JAMACA BLVD N 5230 JAMACA BLVD N LAKE ELMO MN 55042 0302921320003 5,900.00$ 60 SCHOENROCK ROBERT C & CYNTHI 5250 JAMACA BLVD N 5250 JAMACA BLVD N LAKE ELMO MN 55042 0302921320004 5,900.00$ 61 SIMPSON JOHN T & SHARON M 5270 JAMACA BLVD N 5270 JAMACA BLVD N LAKE ELMO MN 55042 0302921320005 5,900.00$ 62 LE LANCHI T & MATTHEW L PHILION 5290 JAMACA BLVD N 5290 JAMACA BLVD N LAKE ELMO MN 55042 0302921320006 5,900.00$ 63 CITY OF LAKE ELMO 3800 LAVERNE AVE N LAKE ELMO MN 55042 0302921330001 11,800.00$ 64 BROWN KEVIN J & TAMAREEM V 5385 JAMACA BLVD N 5385 JAMACA BLVD N LAKE ELMO MN 55042 0302921310007 5,900.00$ 65 DRAXTON MICHAEL & AMANDA 5400 JAMACA BLVD N 5400 JAMACA BLVD N LAKE ELMO MN 55042 0302921320007 5,900.00$ 66 FARMER KENNETH R II & MICHELLE R W 5445 JAMACA BLVD N 5445 JAMACA BLVD N LAKE ELMO MN 55042 0302921310008 5,900.00$ SUBTOTAL‐PAGE 2 191,750.00$ SUBTOTAL‐PAGE 1 203,550.00$ TOTAL 395,300.00$ MAILING ADDRESSADDRESS
STAFF REPORT
DATE: 10/17/17
REGULAR
ITEM #: 22
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Zoning Text Amendment to allow Commercial Boarding Facilities as a Conditional Accessory Use in the Agricultural Zoning District; Zoning Map Amendment to rezone a property to Agricultural; Conditional Use
Permit request to allow a Commercial Boarding Facility as an accessory
Use in the Agricultural Zoning District; and a Conditional Use Permit to Allow Expansion of an Existing Feedlot within the Shoreland District REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND:
At its October 3, 2017, the Council considered the following requests from Mare Affair Farm, LLC: •A Zoning Text Amendment to allow Commercial Boarding Facility as a conditionalaccessory use within the Agricultural Zoning District. •A Zoning Map Amendment to rezone 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001)
from Rural Development Transitional to Agricultural. •A Conditional Use Permit to allow a Commercial Boarding Facility as an accessory use atthe property located at 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001). •A Conditional Use Permit for expansion to an existing feedlot within a shoreland area.The Council tabled this item to give Staff more time to discuss with the Applicant the potential of exploring an opportunity to locate a regional stormwater pond on the subject property.
ISSUE BEFORE COUNCIL:
The Council is being asked to review and make recommendation on the following requests:
•A Zoning Text Amendment to allow Commercial Boarding Facility as a conditional accessory
use within the Agricultural Zoning District. •A Zoning Map Amendment to rezone 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001)from Rural Development Transitional to Agricultural.
•A Conditional Use Permit to allow a Commercial Boarding Facility as an accessory use at theproperty located at 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001). •A Conditional Use Permit to allow expansion of an existing feedlot within the shoreland.
PROPOSAL DETAILS/ANALYSIS:
Stormwater Pond. Staff and the Applicant met on October 5, 2017 to discuss the possibility of a regional stormwater pond on the property. The Applicant wanted more information as to the design of the proposed stormwater pond, but Staff had indicated that a design is not usually done until it is known that the property will be acquired in order to design specifications according to the land provided. The Applicant expressed
concerns that the stormwater pond would attract mosquitoes, cause a safety hazard for children and the
horses, and that it would encroach too closely to the existing home and future proposed barn and arena. Chavez Land Locked Parcel. To the southwest of the residential development and on the west side of the
Schiltgen Farm, is the Chavez property. For some time, Mr. Chavez has been seeking access to his
landlocked parcel. It is unclear to Staff if the Chavez property is buildable. The property is subject to
shoreland and Rural Residential setback requirements, septic area and setback requirements. Mr. Chavez
is requesting access through the subdivision of the Schiltgen Farm Property. Staff has suggested two stubs
from the proposed residential property to the Schiltgen parcel, one which might provide future access to
the Chavez parcel.
Trail. The County’s trail plan indicates a trail along Lake Elmo Avenue (CSAH 17). The Applicant
has indicated that providing a trail would not be in the property’s best interest, as the increase in foot
traffic could negatively affect the horses.
Comprehensive Plan 2040 Update. While the above-mentioned are needs of the City, this land use
application does not create a nexus that could require the Applicant to provide stormwater ponding or access
to the land-locked parcel. However, it may prompt the City to reconsider if the Rural Area Development
land use is the most appropriate use of this parcel and update the Comprehensive Plan during the 2040
update process. If this is the case, it would not be in the City’s best interest to rezone the property or allow
a use that would inhibit development within the fairly near future.
OPTIONS:
The Council may:
Residential
Development
Schiltgen
Farm
• Approve the requested Zoning Text Amendment, deny the Zoning Map Amendment, deny the CUP for a commercial boarding facility, and approve the CUP for expansion of an existing feedlot within the shoreland.
• Deny all requests, citing findings for denial of the Zoning Text Amendment and CUP for expansion of an existing feedlot within the shoreland.
• Approve all requests.
• Amend findings of fact as proposed by Staff for any Resolution and adopt Resolutions as amended. RECOMMENDATION: Staff recommends that the Council consider whether or not the subject parcel should be re-guided during the 2040 Comprehensive Plan Update. If it is felt that the subject parcel would be better suited for a different land use other than Rural Area Development, Staff recommends that the Council deny the
Zoning Text Amendment, thereby also denying the requested Conditional Use Permit for a commercial boarding facility, as the requested Zoning Text Amendment was to allow commercial boarding facilities as a conditional accessory use within the Agricultural zoning district, and the property would remain
Rural Development Transitional. “Move to adopt Ordinance 08-188, approving a Zoning Text Amendment to allow Commercial Boarding Facility as a conditional accessory use within the Agricultural Zoning District.” “Move to adopt Resolution 2017-109 denying a Zoning Map Amendment to rezone 10880
Stillwater Blvd N (PID# 14.02.292.21.11.0001) from Rural Development Transitional to
Agricultural.” “Move to adopt Resolution 2017-1, denying a Conditional Use Permit to allow a Commercial Boarding Facility as an accessory use for the property located at 10880 Stillwater Blvd N
(PID# 14.02.292.21.11.0001), subject to the recommended conditions of approval.”
“Move to adopt Resolution 2017-105, approving a Conditional Use Permit to allow expansion of an existing feedlot within the shoreland for the property located at 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001), subject to the recommended conditions of approval.”
If the Council wishes to approve all requests, Staff recommends the following motions:
“Move to adopt Ordinance 08-188, approving a Zoning Text Amendment to allow Commercial Boarding Facility as a conditional accessory use within the Agricultural Zoning District.” “Move to adopt Ordinance 08-187 approving a Zoning Map Amendment to rezone 10880
Stillwater Blvd N (PID# 14.02.292.21.11.0001) from Rural Development Transitional to Agricultural.” “Move to adopt Resolution 2017-106, approving a Conditional Use Permit to allow a
Commercial Boarding Facility as an accessory use for the property located at 10880 Stillwater
Blvd N (PID# 14.02.292.21.11.0001), subject to the recommended conditions of approval.” “Move to adopt Resolution 2017-105, approving a Conditional Use Permit to allow expansion of an existing feedlot within the shoreland for the property located at 10880 Stillwater Blvd N
(PID# 14.02.292.21.11.0001), subject to the recommended conditions of approval.”
ATTACHMENTS:
• 10/3/17 Mare Affair Requests Council Item
STAFF REPORT
DATE: 10/3/2017 REGULAR ITEM
ITEM#: TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Zoning Text Amendment to allow Commercial Boarding Facilities as a Conditional Accessory Use in the Agricultural Zoning District; Zoning Map Amendment to rezone a property to Agricultural; Conditional Use Permit
request to allow a Commercial Boarding Facility as an accessory Use in the Agricultural Zoning District; and a Conditional Use Permit to Allow Expansion of an Existing Feedlot within the Shoreland District REVIEWED BY: Joan Ziertman, Planning Program Assistant
BACKGROUND:
The City Council is being asked to consider a request by Mare Affair Farm, LLC (Peter Schiltgen and Molly Schiltgen) for the following:
• A Zoning Text Amendment to allow Commercial Boarding Facility as a conditional
accessory use within the Agricultural Zoning District.
• A Zoning Map Amendment to rezone 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001) from Rural Development Transitional to Agricultural.
• A Conditional Use Permit to allow a Commercial Boarding Facility as an accessory use at the property located at 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001).
• A Conditional Use Permit for expansion to an existing feedlot within a shoreland area.
GENERAL INFORMATION:
Applicant: Mare Affair Farm, LLC
Property Owners: Schiltgen Farms Inc.
Location: 10880 Stillwater Blvd N
Existing Land Use: Single Family Residential and Agricultural
Surrounding Land Use: Vacant land zoned Rural Development Transitional to the North; Open Space Development and Sunfish Lake to West; Vacant land
zoned Rural Development Transitional to the South; and school and daycare zoned Public Facilities and Village Mixed Use, respectively, to the East.
Existing Zoning: Rural Development Transitional
Comprehensive Plan: Rural Area Development
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History: Property is 137.18 acres of a historic Dairy farm that has been such since area was settled. Property is currently used as a horse farm with animals housed in non-utilized dairy barn.
Deadline for Action: Application Complete – 8/18/2017 60 Day Deadline – 10/17/2017 Extension Letter Mailed – N/A 120 Day Deadline – N/A
Applicable Regulations: Article III – Administration and Enforcement Article XII – Specific Development Standards Article V – General Regulations Article VI – Environmental Performance Standards
Article XI – Rural Districts
ISSUE BEFORE THE COUNCIL:
The Council is being asked to review and make recommendation on the following requests:
•A Zoning Text Amendment to allow Commercial Boarding Facility as a conditionalaccessory use within the Agricultural Zoning District.
•A Zoning Map Amendment to rezone 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001)from Rural Development Transitional to Agricultural.
•A Conditional Use Permit to allow a Commercial Boarding Facility as an accessory use at the
property located at 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001).
•A Conditional Use Permit to allow expansion of an existing feedlot within the shoreland.
PROPOSAL DETAILS/ANALYSIS:
ZONING TEXT AMENDMENT
History-Removal of Commercial Stables from Zoning Code. On June 14, 2016, the Council voted
to remove cemeteries, commercial kennels, commercial stables, and golf courses from the Zoning Code as allowed uses. Prior to this, commercial stables were allowed as a principal conditional use in the Agricultural Zoning District. This Zoning Text Amendment was originally initiated by a request by the City to remove cemeteries as an allowed use within the Rural zoning districts, which lead to a larger look at the uses within the Rural zoning districts. During consideration of the aforementioned
request, the City also removed previously mentioned uses within the rural districts.
Justification by the Comprehensive Plan. The Comprehensive Plan specifically states that existing agricultural uses and qualifying alternative uses that preserve the open space within the community shall be support, and that these uses shall be encouraged to continue operations and to retain large
land holdings that contribute to operating efficiency. Commercial stables as accessory conditional uses would allow properties zoned Agricultural to do just this.
Use of the term Commercial Boarding Facility Instead of Commercial Stable. In order to be
considered an agricultural property by State Statute definition, the property is limited to uses as outlined in 273.13: Subd. 23.Class 2, which allows commercial boarding of horses, which may
include related horse training and riding instruction, if the boarding is done on the property that
is also used for raising pasture to graze horses or raising or cultivating other agricultural products
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as defined in clause (1). As such, the Applicant wishes to use the term Commercial Boarding
Facility rather than Commercial Stable, as was previously used within the Zoning Code.
Proposed Definition. The definition of Commercial Stable that previously existing within the Zoning Code is as follows: the boarding, breeding or raising of horses or ponies not owned by the
owner or occupant of the property or riding of horses by other than the owner or occupant of the
property and their non-paying guests. Included in this definition are riding academies. The proposed definition of Commercial Boarding Facility amends the previous definition as follows:
“The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property, or in addition to horses owned by the owner or occupant, which may include related
horse training and riding instruction of horses by for those other than the owner or occupant of
the property and their non-paying guests. Included in this definition are riding academies.” Note:
Riding academies was eliminated from this definition, as the code does not provide a definition of riding academies, and the thought is to provide riding instruction exclusively for horses that are boarded on site, in order to prevent constant transportation of new horses in to the site.
Standards. While the definitions and allowed use categories of commercial stables were removed from the Zoning Code in 2016, the standards for commercial stables still remain. The following are the standards for commercial stables:
Commercial Kennel, Commercial Stable, or Accessory Kennel or Stable, RT, A, RR Districts. The
facility shall occupy a site at least ten (10) acres in size. Outdoor exercise areas shall be located at least 100 feet from adjacent properties; landscaping or other screening may be required.
Because of State Statute definitions, Staff also recommends that a standard be included:
Boarding must be done on property that is also used for raising pasture to graze horses or raising or
cultivating other agricultural products.
Zoning Text Amendment Proposed Language. Please see attached draft proposed Ord. 08-___ for specific proposed language.
Properties to Which This Text Amendment Would Apply. If commercial boarding facilities were
to be allowed as a conditional accessory use within the Agricultural zoning district for properties over ten acres, the attached map shows properties this zoning text amendment would affect.
ZONING MAP AMENDMENT
Rezoning. The property is currently zoned Rural Development Transitional, and the Applicant is proposing to rezone the property to Agricultural.
Allowed uses include (P=Permitted, C=Conditional, and I=Interim):
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Consistency with the Comprehensive Plan. The Comprehensive Plan guides this parcel as Rural Area Development. This category represents the large areas of rural residential development and
agricultural uses within the City. Common uses found in these areas include working farms, alternative agricultural uses as defined by City Code, and rural single family detached residences. Development in these areas requires 10+ acres, or a conditional use permit to authorize a cluster development meeting the City’s Preserved Open Space regulations. Corresponding zoning districts include Agricultural and Rural Residential.
Additionally, the property is within the Village Open Space Overlay District. Specifically, the area surrounding Sunfish Lake is designated as a Natural Resource Preservation Area, which is an area considered to be of high environmental and aesthetic value, which allows uses such as passive recreation, trails, natural areas, and other activities or uses that are consistent with passive recreation.
The remaining area of the property is designated as a Rural Preservation Area, which is an area within the Village historically utilized for agricultural purposes, and allows uses including active farming, passive recreation, trails, public gathering spaces, natural areas, natural water courses and other amenities that are consistent with agricultural use or character.
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The Comprehensive Plan specifically states that “For all parcels that are designated with rural land use categories (RAD and RS), the open space overlay does not impact the use of the property. In other words, lands that are guided and zoned for rural use may function normally under the same
rural zoning districts as before the inclusion of the open space overlay. For example, parcels that are within Rural Preservation or Natural Preservation Areas will maintain their Agricultural, Rural Residential or Rural Single Family zoning designation. The regulations of these zoning districts will remain the same regardless of the Village Open Space Overlay.”
Metropolitan Urban Service Area (MUSA). This parcel is within the City’s MUSA. It does not
make good sense for properties within the MUSA to be guided as Rural Area Development, as properties within the MUSA need to be developed at a minimum density of three units per acre. This is something that has come up in discussions regarding the City’s 2040 Comprehensive Plan update. If the property were to develop, it would require connecting to sewer, and a Comprehensive Plan
Amendment to re-guide the parcel in the Land Use Plan to a higher density use classification and then be rezoned to a higher density to accommodate the city’s overall average units per acres within the MUSA.
Stormwater Ponds. The property owner has previously been approached about stormwater ponding
to serve the Village Area in the past. A previously proposed stormwater pond on the southeast portion of the site was quite large and almost approached the existing home. The applicant was recently re-approached about this ponding and communicated that it may be amenable to work with
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the City on providing area for a stormwater pond, provided the design works for both the City and property owner.
Trail. The County’s trail plan indicates a trail along Lake Elmo Avenue (CSAH 17). The Applicant
has indicated that providing a trail would not be in the property’s best interest, as the increase in foot traffic could negatively affect the horses.
CONDITIONAL USE PERMIT – COMMERCIAL BOARDING FACILITY
Definition Comparison Private vs. Commercial.
• Stable, Private. The keeping, breeding, or raising of horse or ponies exclusively for the personal use and enjoyment of the owner or occupant of the property or the riding of horses or ponies by the owner or occupant of the property and their guests.
• Commercial Boarding Facility. The Zoning Code used to define a commercial stable as the boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and
their non-paying guests. Included in this definition are riding academies.
Because the applicant has specifically requested that there be horses on the property other than the owner’s horses, including the trainer’s horses, farm hands’ horses or boarders to offset the operating costs, the proposed use is a commercial boarding facility, which, if the previously discussed Zoning Text Amendment and Zoning Map Amendment are approved, would be
allowed as a conditional use within the Agricultural Zoning District.
Property Size. The property consists of 158.18 acres. The City has received a Concept Planned Unit Development Plan for the properties to the north, which will include a subdivision of the subject property, decreasing the total number of acres of the subject property. The Comprehensive Plan Land Use Map, below, shows generally how the parcel will be split, though the exact remaining number of acres is unknown. The recommended Zoning Text Amendment creates a standard that a property housing a commercial stable be at least ten acres in size, and this parcel would meet that standard.
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Proposed Buildings. The applicant is proposing to remove two existing sheds and construct 72’ x 200’
indoor riding arena with an attached 72’ x 96’ horse barn, a 3000 square foot commodities storage building and a 3000 square foot equipment storage building. The barn would have 12 box stalls, wash stalls, groom stalls, tack room, rest rooms, office/lounge and short term feed and hay storage, and would
primarily house owner’s horses. There may be some non-owner’s horses housed i.e.: trainer’s horses, farm hands horses or boarders to offset operating costs.
Setbacks. The Applicant has indicated that the proposed setbacks of the agricultural buildings are at least
200 feet as required by the Zoning Code. Outdoor exercise areas are shown to located at least 100 feet from adjacent properties as required.
Septic Permit. Because the applicant is proposing bathrooms in the barn area, a septic permit will likely be required by the county. As such, it is a recommended condition of approval that the applicant obtain all applicable, required permits from Washington County.
Number of Accessory Structures. The size and number of accessory structures on rural properties of over 40 acres is generally unregulated. To be allowed additional accessory buildings beyond two
total buildings, the buildings must be agricultural buildings as long as the buildings meet the
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definition of agricultural buildings, which are defined as accessory buildings or clearly serve an agricultural purpose by the judgement of the city. The Building Official comments below outline that the proposed indoor riding arena, horse barn, commodities storage building and equipment storage
building would be considered agricultural buildings, provided they include no living space or have spectators.
Impervious Surface. 8,541 square feet of current impervious surface will be removed through the removal of two sheds from the site. The proposed riding arena, attached barn, and two storage
buildings will total 29,379 square feet, resulting in a 20,835 square feet net increase of impervious surface. Addition of impervious surface of over 6,000 square feet requires a Valley Branch Watershed District permit.
Parking Requirements. 1 space per employee on the largest shift plus 1 space per 6 animals. The site
currently has sufficient parking spaces for a residential use, as two spaces are required for residential uses, and there exists a driveway and garage on the property. There will be one trainer and 15 horses, so four additional parking spaces are needed. The Applicant has indicated there will be ten parking spaces in
front of the barn, and so this standard has been met.
Animal Ordinance. Section 95.060 of Chapter 95: Animals of the City Code prohibits horses from traveling on any hard-surfaced street or public road or within any public right-of-way and running at
large. The number of horses one property may have is limited to one horse per two grazable acres. It is a recommended condition of approval that the applicant provide the number of grazable acres, verified by a reliable source, and that the number of horses allowed be based on this number.
Manure Management. Manure will have substantial amounts of absorptive bedding materials mixed in with manure. Manure will be stored/composted in a concrete bunker until conditions are favorable for manure to be spread for fertilizer on adjacent fields. The University of Minnesota Extension Services recommends this methodology, provided proper composting practice is followed. The applicant has not provided the location of where manure will be stockpiled and composted. It is a recommended condition of approval that the applicant provide clarification regarding the composting activities and locations on the site so that the conditional use permit accurately reflects activities occurring on the site.
Landscaping. The narrative indicates that none of the current landscaping items will be removed, there will be no additional landscape items added. It is a standard that landscaping may be required to screen outdoor riding areas.
Caretakers. The narrative indicates that caretakers will live on the site. There will be no additional human living space in the new building. Caretakers will either live in one of the two Applicant’s existing homes (one on the north side of Stillwater Blvd and one on the south side of Stillwater Blvd (on a different parcel)), or they will live offsite.
Shoreland District – Minnesota Department of Natural Resources (MNDNR) Review. The application was sent the MNDNR, as the proposed commercial boarding facility is within the Sunfish Lake shoreland district. The MNDNR replied that they had no comment regarding the application. The proposed buildings setbacks are well over the required 100 feet from the Ordinary High Water Level of Sunfish Lake (924).
Minnesota Pollution Control Agency (MPCA) Review. The MPCA reviewed the application and
confirmed that feedlot permit is not required under Minnesota Rules Chapter 7020 (feedlot rules) of a feedlot unless there will be 300 or more horses on the site. The MPCA did, comment, however that the rules prohibit a feedlot, including a stable or paddock, within a shoreland or floodplain. The Chapter 7020
definition is below. The City’s Zoning Code’s Shoreland Overlay Management District does allow
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expansion of an existing feedlot, however. This is explained further in the next section entitled
Conditional Use Permit – Expansion of an Existing Feedlot within a Shoreland.
Subp. 3. Animal feedlot.
"Animal feedlot" means a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a
confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of these parts, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under these parts.
Traffic - Washington County Review. The application was sent to Washington County for review. The
narrative indicates that the existing driveway will be utilized without the need for any modifications. Additional truck traffic loads will be limited to horse transport vehicles and purchased feed/ bedding delivery trucks. Additional truck traffic will be less than 2 per week. Care takers will live on the property, so passenger vehicle traffic will be no more than a typical residential driveway. The farm is dissected by Stillwater Blvd. Currently equipment and commodities are located on both sides of Stillwater Blvd. which requires movement of farm equipment across Stillwater. Proposed plan would locate commodities and equipment on north side of Stillwater Blvd. to reduce the need for farm equipment to cross Stillwater Blvd. Washington County was sent the application but at the time of writing this memo, Staff has not received review comments but had received clarifying questions, which were answered immediately. It is a recommended condition of approval that conditions outlined in a Washington County Review Memo be adhered to.
Building Official Review. The Building Official reviewed the initial application, which showed that there would be a break room with a kitchen, which could be interpreted to be a living space, which would not allow the building to be considered an agricultural building by state statute. It was also unclear at the time if there would be spectators in the arena. Connection to water and sufficient sanitary sewer, as well as proper fire protection requirements per the use and occupancy per the
Minnesota State Building Code (including fire sprinkler and fire hydrants) and apparatus access to and around the site would be required. The plans have since been updated, and the area has been converted to a meeting room as shown on the plans being reviewed tonight. Additionally, the applicant has indicated that there will be no spectators or public events in the arena. The Building
Official has indicated that the updated plans and clarification about spectators and stated that the building may be considered an agricultural building according to the definition below from state statute. A recommended condition of approval is that there be no spectators or public events in the arena.
Engineering Comments. The City Engineer has reviewed the proposed conditional use permit and summarily has the following comments. Comments can be viewed on the attached 10880 Stillwater Blvd – Mare Affair Farm Site Improvements Plan Review memorandum dated August 18, 2017.
• Engineering Review. Will be required for engineering site improvements.
• Stormwater Management.
o The applicant must submit a copy of the Valley Branch Watershed District (VBWD)
permit application, hydroCAD model and permit approval to the City. o A stormwater management plan (SWMP) is not required by the City, as the new impervious surface is less than one acre. o Site improvements will require a grading plan and erosion control plan meeting all City and VBWD requirements.
• Water Supply. Any site plan must include the location of all wells on the site.
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• Wastewater Management. Any site plan must include the location of capacity of any on‐site
septic systems.
• Streets and Transportation. The application should be provided to Washington County Public Works for review and comment.
Recommended Findings. In order to approve a conditional use permit, the city is required to find the proposal compliant with the following (staff comments in bold): 1. The proposed use will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city. The proposed use will not increase truck traffic my more than two trucks per week. There currently exist horses on the property, and the building will house them indoors, decreasing the likelihood that horses will escape. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The
proposal is consistent with the Comprehensive Plan in that the property is guided for Rural Area Development and is within the a Rural Preservation Area, which allow for uses such as passive recreation, alternative agricultural uses, public gathering spaces and other amenities that are consistent with agricultural use or character. 3. The use or development is compatible with the existing neighborhood. The use is compatible with the existing neighborhood, as the property is currently used as a farm and houses horses. The proposed use will be an expansion of the existing use. 4. The proposed use meets all specific development standards for such use listed in Article 7 of
this Chapter. The proposed use meets specific development standards currently set forth within the Zoning Code for a commercial stable in that it is at least ten acres in size, and the City does not find it necessary that the outdoor exercise area be screened through landscaping or other means. 5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets
all the specific standards for such use listed in Chapter 150, §150.250 through 154.800 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The proposed use is within the City’s shoreland, which prohibits new feedlots. Expansions to an existing feedlot are allowed by conditional use permit.
6. The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed project will be similar in character and design to the existing home and barn on the property 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to
existing or future neighboring structures. The proposed use will not be hazardous or create a nuisance on the property provided all the rules and regulations set forth by the City and other applicable agencies are met and all applicable permits are obtained. 8. The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The applicant has not provided a hydroCAD model; information on potable water
supply to the facilities; information on wastewater management for the facilities; and slightly increases driveway use to an existing private driveway. It is a recommended condition of approval that the applicant include this information on updated plans to be reviewed and approved by the City Engineer so that this may be determined. Provided
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this information is supplied, reviewed and approved by the City Engineer and other applicable agencies, the use will be adequately served by the aforementioned. 9. The proposed use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the community. The proposed use will not create additional requirements for public facilities and services, provided the use does not include spectators. 10. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. Traffic to the site is expected to be minimal, and visits are expected to be short. Minimal noise is expected to come from the site, short of the sounds of unloading and loading items. Hazardous materials are prohibited from being stored on site, and lighting has been evaluated and determined to not cause a nuisance as proposed. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The Applicant has indicated that additional truck traffic will increase by only two trips per week. 12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. The proposed use will be a modernization and expansion of an existing scenic feature within Lake Elmo. Recommended Conditions. Based on the aforementioned, Staff and the Planning Commission
recommend approval of the requested Conditional Use Permit for a Commercial Boarding Facility for the property located at 10880 Stillwater Blvd, subject to the following conditions of approval:
1) The City shall approve the Zoning Text Amendment to allow commercial boarding facilities as conditional accessory uses within the Agricultural zoning district; the Zoning Map
Amendment to rezone the property from Rural Development Transitional to Agricultural; and a Conditional Use Permit to allow for an expansion to an existing feedlot within the shoreland district. 2) Applicant shall obtain all necessary permits including but not limited to all applicable city
permits (building, grading, sign, etc.), MPCA approvals and/or permits, NPDES/SWPPP
permits, Valley Branch Watershed District (VBWD) approval. 3) Applicant must address all engineering review comments outlined in the Engineering Memo dated August 18, 2017. 4) Applicant shall update the plans to address potable water supply to the facilities, indicating
the location of all wells on site; include the location and capacity of any on-site septic systems; and include grading and erosion control plan meeting all City and VBWD requirements. All plans must be approved by the City. 5) The Applicant shall provide written confirmation from the Minnesota Pollution Control
Agency (MPCA) that no MPCA permits are required for the proposed use. The Applicant shall obtain all applicable, required MPCA permits and/or approvals and submit a copy to the City. 6) The Applicant shall obtain a septic permit from Washington County if necessary or provide verification from Washington County that a septic permit is not required.
7) The Applicant shall provide the number of grazable acres, verified by a reliable source, and the number of horses allowed shall be based on this information, as allowed by the City’s Animal Ordinance. Any expansion to the feedlot will require an amendment to this Conditional Use Permit.
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8) The Applicant shall adhere to requirements outlined in the Washington County Review memo dated September 7, 2017. 9) Any significant change to the site plan dated September 6, 2017 shall require an amendment
to this conditional use permit. 10) A manure management plan clarifying composting activities and locations on the site shall be provided to the city, and such activities on the site shall be carried out according to this plan. 11) The arena must not be available to spectators and must not include bleachers or seating of any kind. Public events or shows will require an amendment to this Conditional Use Permit.
CONDITIONAL USE PERMIT – EXPANSION OF AN EXISTING FEEDLOT WITHIN A SHORELAND
Reason for Request. As previously mentioned, expansion of an existing feedlot within a shoreland requires a conditional use permit per Section 154.800: Shoreland Management Overlay District of
the Zoning Code. The specific language regarding expansion of existing feedlots is as follows:
c. New animal feedlots are not allowed in shoreland. Modifications or expansions to existing feedlots or resumption of old feedlots are conditional uses and must meet the following standards. Responses
to these standards in regards to the proposed application are italicized below:
i. Feedlots must be designed consistent with Minnesota Rules Chapter 7020;
Staff Comment: It is a recommended condition of approval that the applicant submit
and have reviewed by the MPCA to determine there are no conflicts with their
regulations a Notice of Construction or Expansion of an Animal Feedlot with less than 300 Animal Units. The applicant has provided the MPCA such notice, but at the time of writing this memo, the notice was incomplete, as the MPCA required more information.
ii. Feedlots must not further encroach into the existing ordinary high water level setback or the bluff impact zone and must not expand to a capacity of 1,000 animal units or more; and,
Staff Comment: The proposed expansion to a feedlot does not further encroach into
the existing ordinary high water level setback or bluff impact zone and is not
expanding to a capacity of 1,000 animal units.
iii. Old feedlots not currently in operation may resume operation consistent with Minnesota
Statute Section 116.0711.” Staff Comment: The feedlot is currently in operation, so this standard does not apply. Recommended Findings. In order to approve a conditional use permit, the city is required to find
the proposal compliant with the following (staff comments in bold): 1. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Provided the MPCA sees no issues with the proposed expansion, the proposed expansion of an existing feedlot will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The proposal is consistent with the Comprehensive Plan in that the property is guided
for Rural Area Development and is within the a Rural Preservation Area, which allow for uses such as passive recreation, alternative agricultural uses, public gathering spaces and other amenities that are consistent with agricultural use or character. Provided the MPCA sees no issues and a Valley Branch Watershed District permit is obtained, it will not negatively impact natural resources.
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3. The use or development is compatible with the existing neighborhood. The use is compatible with the existing neighborhood, as the property is currently used as a farm and houses horses. The proposed use will be an expansion of the existing use. 4. The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposed expansion meets standards set forth for expansions to existing feedlots as set forth in Section 154.800 (C) (6) (c) of the Zoning Code. 5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through
154.800 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is located within the City’s Shoreland District but meets standards required for an expansion to an existing feedlot within the City’s shoreland district. 6. The proposed use will be designed, constructed, operated and maintained so as to be
compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed project will be similar in character and design to the existing home and barn on the property 7. The proposed use will not be hazardous or create a nuisance as defined under this
Chapter to existing or future neighboring structures. The proposed use will not be hazardous or create a nuisance on the property provided all the rules and regulations set forth by the City and other applicable agencies are met and all applicable permits are obtained. 8. The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The applicant has not provided a hydroCAD model; information on
potable water supply to the facilities; information on wastewater management for the facilities; and slightly increases driveway use to an existing private driveway. It is a recommended condition of approval that the applicant include this information on updated plans to be reviewed and approved by the City Engineer so that this may be determined. Provided this information is supplied, reviewed and approved by the City Engineer and other applicable agencies, the use will be adequately served by the aforementioned. 9. The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the
community. The proposed use will not create additional requirements for public facilities and services, provided the use does not include spectators. 10. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. Traffic to the site is expected to be minimal, and visits are expected to be short. Minimal noise is expected to come from the site, short of the sounds of unloading and loading items. Hazardous materials are prohibited from being stored on site, and lighting has been evaluated and determined to not cause a nuisance as proposed. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The Applicant has indicated that additional truck traffic will increase by only two trips per week.
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12. The proposed use will not result in the destruction, loss or damage of a natural or scenicfeature of major importance. The proposed use will be a modernization and expansionof an existing scenic feature within Lake Elmo.
Recommended Conditions. Based on the aforementioned, Staff and the Planning Commission recommend approval of the requested Conditional Use Permit for expansion to an existing feedlot for the property located at 10880 Boulevard North, subject to the following conditions:
1. The Applicant shall provide the Minnesota Pollution Control (MPCA) a complete Notice of
Construction or Expansion of an Animal Feedlot with less than 300 Animal Units andprovide the City proof from the MPCA that there are no issues with this expansion.2. Applicant must address all engineering review comments outlined in the Engineering Memodated August 18, 2017.
Planning Commission Review. The Planning Commission reviewed the proposed Zoning Text Amendment, Zoning Map Amendment and two Conditional Use Permits at its meeting on September 11, 2017. The Planning Commission had the following comments:
•There was concern about the manure storage and that it should be located outside of the
shoreland district. However, it was ultimately decided as a majority that requiring manurestorage outside of the shoreland would cause difficulty for the applicant in dealing withtransporting the manure to a fairly far distance from the barn.
•That a finding should be added to the Conditional Use Permit for the Commercial BoardingFacility that the parcel should be removed from the MUSA. This was added to the proposed
Resolution approving the Conditional Use Permit for the Commercial Boarding Facility,attached.
•That the outdoor exercise area does not need to be screened with landscaping or other means.
•Three people spoke at the public hearing: one questioned impact to his landlocked parcel andtwo expressed support of the project.
•The Commission recommended approval of the proposed Zoning Text Amendment, ZoningMap Amendment and two Conditional Use Permits subject to recommended conditions of
approval, all with votes of 7-0.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of the requested Zoning Text Amendment, Zoning Map Amendment, and Conditional Use Permits, subject to applicable recommended conditions of approval as recommended by Staff. The Staff-recommended recommendation may be
made through the following motions:
“Move to adopt Ordinance 08-188, approving a Zoning Text Amendment to allow Commercial
Boarding Facility as a conditional accessory use within the Agricultural Zoning District.”
“Move to adopt Ordinance 08-187 approving a Zoning Map Amendment to rezone 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001) from Rural Development Transitional to Agricultural.”
“Move to adopt Resolution 2017-106, approving a Conditional Use Permit to allow a Commercial
Boarding Facility as an accessory use for the property located at 10880 Stillwater Blvd N (PID# 14.02.292.21.11.0001), subject to the recommended conditions of approval.”
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“Move to adopt Resolution 2017-105, approving a Conditional Use Permit to allow expansion of an existing feedlot within the shoreland for the property located at 10880 Stillwater Blvd N (PID#
14.02.292.21.11.0001), subject to the recommended conditions of approval.”
ATTACHMENTS:
• CUP Application and Materials
• Engineering Comments dated 8/18/17
• Map Showing Agricultural Properties Over Ten Acres in Size
• Ord. 08-188 Adding Commercial Boarding Facility as Conditional Accessory Use
• Ord. 08-187 Zoning Map Amendment to Rezone the Property from Rural Development Transitional to Agricultural
• Resolution 2017-106 Approving a Conditional Use Permit to Allow a Commercial Boarding Facility as An Accessory Use
• Resolution 2017105 Approving a Conditional Use Permit to Allow Expansion of an Existing
Feedlot within the Shoreland
PAGE 1 of 1
MEMORANDUM
Date: August 18, 2017
To: Emily Becker, Planning Director Re: 10880 Stillwater Blvd –Mare Affair Farm
Cc: Site Improvements Plan Review
From: Jack Griffin, P.E., City Engineer
The following plans for 10880 Stillwater Boulevard were received on August 18, 2017 consisting of the following
documentation:
Narrative for Site upgrades, not dated.
Site Plan; not dated, no identification of site improvements, or preparer.
Certificate of Survey dated December 12, 2014 prepared by Folz, Freeman and Erickson, Inc.
Engineering has reviewed the information submitted have the following review comments:
1. The application does not include engineering documents for review. As the application moves forward and
engineering site improvements are submitted additional engineering reviews will be required.
2. Stormwater Management. The proposed improvements will create 29,379 sq. ft. of new impervious surface,
eliminate 8,541 sq. ft. of impervious surface for a net increase of 20,835 sq. ft or 0.63 acres.
A VBWD permit will be required for the proposed improvements. A copy of the VBWD permit
application, hydroCAD model and permit approvals, once received, must be submitted to the City.
A storm water management plan (SWMP) is not required by Lake Elmo ordinance since the new
impervious surface is less than 1 acre.
The site improvements will require a grading plan and erosion control plan meeting all City and VBWD
requirements.
3. Water supply. The application does not address potable water supply to the facilities, whether public or
private. Any site plan must include the location of all wells on the site.
4. Wastewater management. The application does not address sanitary sewer and on‐site wastewater septic
systems for the facilities. Any site plan must include the location of capacity of any on‐site septic systems.
5. Streets and Transportation. The application does not include public streets or access changes to public
streets. The application does increase driveway use to an existing private driveway to CSAH 14 (Lake Elmo
Avenue). The application should be provided to Washington County Public Works for review and comment.
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4285
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1
CITY OF LAKE ELMO COUNTY OF WASHINGTON
STATE OF MINNESOTA ORDINANCE NO. 08-188 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADDING COMMERCIAL BOARDING FACILITY AS A CONDITIONAL ACCESSORY USE WITHIN THE AGRICULTURAL ZONING DISTRICT.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article II; Section 154.012; Subd. (B) (12) by adding
definition of Commercial Boarding Facility:
The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property in addition to horses owned by the owner or occupant, which may include related horse training and riding instruction for those other than the owner or occupant of the property and their non-paying guests.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article XI: Rural Districts; Section 154.401: Permitted, Conditional, and Interim Uses; Table 9-1: Permitted, Conditional, and Interim Uses, Rural
Districts to read as follows.
Accessory Uses RT A RR RS RE
Bed and Breakfast C C C - - 154.012 (B) (12)
Domestic Pets P P P P P 154.012 (B) (12)
Family Day Care P P P P P 154.012 (B) (12)
Home Occupation P P P P P 154.012 (B) (12)
Kennel, Private C C C - - 154.012 (B) (12)
Solar Equipment P P P P P 154.310 (C)
Stable, Private C C C - - 154.012 (B) (12)
Commercial Boarding Facility - C - - - 154.404 (I)
Swimming Pools, Hot Tubs, Etc. P P P P P 154.012 (B) (12)
Temporary Sales P P P P P 154.012 (B) (12)
SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article XI: Rural Districts; Section 154.404: Site Design and Development Standards, to read as follows.
I. Commercial Kennel, Commercial Stable Boarding Facility , or Accessory Kennel or Stable, RT, A,
RR Districts. The facility shall occupy a site at least ten (10) acres in size. Outdoor exercise areas
shall be located at least 100 feet from adjacent properties; landscaping or other screening may be
required. Boarding within commercial boarding facilities must be done on property that is also used
for raising pasture to graze horses or raising or cultivating other agricultural products.
SECTION 4. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo.
2
SECTION 5. Adoption Date. This Ordinance 08-188 was adopted on this ______ day of ___
2017, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
_________________________________ Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance 08-188 was published on the ____ day of ___________________, 2017.
CITY OF LAKE ELMO COUNTY OF WASHINGTON
STATE OF MINNESOTA ORDINANCE NO. 08-187 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-__, as follows:
Section 1: Zoning Map Amendment. The following property with the PID# 14.029.21.11.0001 (Property) is hereby rezoned from RT – Rural Development Transitional to A – Agricultural, subject to the condition outlined in Section 2 of this
Ordinance:
NE1/4 OF SEC 14 SUBJECT TO A HIGHWAY EASEMENT FOR COUNTY STATE AID HIGHWAY 17 OVER EAST 50.00 FEET THEREOF AS DESCRIBED IN SAID BOOK 258
OF DEEDS PAGES 39 AND 40-ALSO SUBJECT TO A HIGHWAY EASEMENT FOR TRUNK HIGHWAY 5 AS DESCRIBED IN BOOK 246 OF DEEDS PAGE 592 Section 14 Township 029 Range 021
Section 2: The City Council of the City of Lake Elmo approves the aforementioned Zoning Map Amendment, subject to the following condition: 1) If the Property develops, the City must approve a Comprehensive Plan
Amendment to either remove the property from the Metropolitan Urban Service
Area (MUSA), and the Property must be developed as an Open Space Preservation Planned Unit Development, or, alternatively, the City may approve a Comprehensive Plan Amendment to re-guide the Property to an Urban Residential Land Use designation as well as a Zoning Map Amendment to re-
zone the Property to a related Urban Residential zoning district if the Property is
developed within the MUSA. 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. 08-187 was adopted on this 3rd day of October 2017, by a vote of
__ Ayes and __ Nays. _____________________________ Mike Pearson, Mayor
ATTEST:
___________________________ Julie Johnson, City Clerk
Resolution 2017-106 1
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA RESOLUTION 2017-106 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A COMMERCIAL
BOARDING FACILITY FOR THE PROPERTY LOCATED AT 10880 STILLWATER
BOULEVARD NORTH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Mare Affair Farm, LLC, 10880 Stillwater Blvd N, Lake Elmo, MN 55042 (the “Applicant”) has submitted an application to the City of Lake Elmo (the “City”) for a Conditional Use Permit for a commercial boarding facility for the property located at 10880
Stillwater Blvd N (PID# 14.029.21.11.0001) (the “Property”); and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.102; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on September 11, 2017; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated October 3, 2017, and
WHEREAS, the City Council considered said matter at its October 3, 2017 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following:
FINDINGS 1) That the procedures for obtaining said Conditional Use Permit are found in the Lake Elmo Zoning Ordinance, Section 154.106.
2) That all the submission requirements of said Section 154.106 have been met by the Applicant. 3) That the proposed Conditional Use Permit includes the following components:
a) A Conditional Use Permit for a commercial boarding facility for the property located at 10880 Stillwater Blvd N.
Resolution 2017-106 2
4) That the Conditional Use Permit for a commercial boarding facility will be for the
Property legally described as follows: NE1/4 OF SEC 14 SUBJECT TO A HIGHWAY
EASEMENT FOR COUNTY STATE AID HIGHWAY 17 OVER EAST 50.00 FEET THEREOF AS DESCRIBED IN SAID BOOK 258 OF DEEDS PAGES 39 AND 40-ALSO SUBJECT TO A HIGHWAY EASEMENT FOR TRUNK HIGHWAY 5 AS DESCRIBED IN BOOK 246 OF DEEDS PAGE 592 SECTION 14 TOWNSHIP 029 RANGE 021.
5) The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The proposed use will not increase truck traffic my more than two trucks per week. There currently exist horses on the property, and the building will house them indoors, decreasing the likelihood that horses will escape. 6) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The proposal is consistent with the Comprehensive Plan in that the property is guided for
Rural Area Development and is within the a Rural Preservation Area, which allows for uses such as passive recreation, alternative agricultural uses, public gathering spaces and other amenities that are consistent with agricultural use or character. 7) The use or development is compatible with the existing neighborhood. The use is
compatible with the existing neighborhood, as the property is currently used as a farm and houses horses. The proposed use will be an expansion of the existing use. 8) The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposed use meets specific development standards currently set forth
within the Zoning Code for a commercial stable in that it is at least ten acres in size, and the City does not find it necessary that the outdoor exercise area be screened through landscaping or other means.
9) If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 154.800 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The proposed use is within the City’s shoreland, which prohibits new feedlots. Expansions to an existing feedlot are allowed by conditional use permit. 10) The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed project will be similar in
character and design to the existing home and barn on the property. 11) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The proposed use will not be hazardous or create
a nuisance on the property provided all the rules and regulations set forth by the City and other applicable agencies are met and all applicable permits are obtained. 12) The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed use.
Resolution 2017-106 3
ProvThe applicant has not provided a hydroCAD model; information on potable water supply to the facilities; information on wastewater management for the facilities; and slightly increases driveway use to an existing private driveway. It is a recommended condition of approval that the applicant include this information on updated plans to be reviewed and approved by the City Engineer so that this may be determined. Provided this information is supplied, reviewed and approved by the City Engineer and other applicable agencies, the use will be adequately served by the aforementioned.
13)The proposed use will not create excessive additional requirements at public cost for publicfacilities and services and will not be detrimental to the economic welfare of the community.The proposed use will not create additional requirements for public facilities andservices, provided the use does not include spectators.
14) The proposed use will not involve uses, activities, processes, materials, equipment andconditions of operation that will be detrimental to any persons, property or the generalwelfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
Traffic to the site is expected to be minimal, and visits are expected to be short. Minimalnoise is expected to come from the site, short of the sounds of unloading and loadingitems. Hazardous materials are prohibited from being stored on site, and lighting hasbeen evaluated and determined to not cause a nuisance as proposed.
15) Vehicular approaches to the property, where present, will not create traffic congestion orinterfere with traffic on surrounding public thoroughfares. The Applicant has indicated thatadditional truck traffic will increase by only two trips per week.
16) The proposed use will not result in the destruction, loss or damage of a natural or scenicfeature of major importance. The proposed use will be a modernization and expansion ofan existing scenic feature within Lake Elmo.
17) That the City should consider removing this property from the Metropolitan Urban Service
Area in order to preserve the property as an agricultural use.
18)That the Applicant has expressed interest in allowing the City to utilize a portion of theproperty as stormwater ponding and will further explore these options with Staff.
CONCLUSIONS AND DECISION
Based on the foregoing, the Applicant’s application for a Conditional Use Permit for a
commercial boarding facility is granted, subject to the following conditions:
1) The City shall approve the Zoning Text Amendment to allow commercial boarding facilitiesas conditional accessory uses within the Agricultural zoning district; the Zoning MapAmendment to rezone the property from Rural Development Transitional to Agricultural; anda Conditional Use Permit to allow for an expansion to an existing feedlot within the
shoreland district.
Resolution 2017-106 4
2) Applicant shall obtain all necessary permits including but not limited to all applicable city permits (building, grading, sign, etc.), MPCA approvals and/or permits, NPDES/SWPPP permits, Valley Branch Watershed District (VBWD) approval.
3) Applicant must address all engineering review comments outlined in the Engineering Memo dated August 18, 2017. 4) Applicant shall update the plans to address potable water supply to the facilities, indicating the location of all wells on site; include the location and capacity of any on-site septic
systems; and include grading and erosion control plan meeting all City and VBWD requirements. All plans must be approved by the City. 5) The Applicant shall provide written confirmation from the Minnesota Pollution Control
Agency (MPCA) that no MPCA permits are required for the proposed use. The Applicant shall obtain all applicable, required MPCA permits and/or approvals and submit a copy to the City.
6) The Applicant shall obtain a septic permit from Washington County if necessary or provide verification from Washington County that a septic permit is not required. 7) The Applicant shall provide the number of grazable acres, verified by a reliable source, and the number of horses allowed shall be based on this information, as allowed by the City’s
Animal Ordinance. Any expansion to the feedlot will require an amendment to this Conditional Use Permit. 8) The Applicant shall adhere to requirements outlined in the Washington County Review
memo dated September 7, 2017. 9) Any significant change to the site plan dated September 6, 2017 shall require an amendment to this conditional use permit.
10) A manure management plan clarifying composting activities and locations on the site shall be provided to the city, and such activities on the site shall be carried out according to this plan. 11) The arena must not be available to spectators and must not include bleachers or seating of
any kind. Public events or shows will require an amendment to this Conditional Use Permit.
Passed and duly adopted this 3rd day of October, 2017 by the City Council of the City of Lake Elmo, Minnesota.
__________________________________
Michael Pearson, Mayor ATTEST: ________________________________
Julie Johnson, City Clerk
Resolution 2017-105 1
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA
RESOLUTION 2017-105 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR EXPANSION OF AN EXISTING FEEDLOT WITHIN THE SHORELAND MANAGEMENT OVERLAY DISTRICT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Mare Affair Farm, LLC, 10880 Stillwater Blvd N, Lake Elmo, MN 55042
(the “Applicant”) has submitted an application to the City of Lake Elmo (the “City”) for a
Conditional Use Permit for the expansion of an existing feedlot within the City’s Shoreland Management Overlay District for the property located at 10880 Stillwater Blvd N (PID# 14.029.21.11.0001) (the “Property”); and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.102; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on September 11, 2017; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated October 3, 2017; and WHEREAS, the City Council considered said matter at its October 3, 2017 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS
1) That the procedures for obtaining said Conditional Use Permit are found in the Lake Elmo Zoning Ordinance, Section 154.106. 2) That all the submission requirements of said Section 154.106 have been met by the
Applicant.
3) That the proposed Conditional Use Permit includes the following components: a) A Conditional Use Permit for a commercial boarding facility for the property
located at 10880 Stillwater Blvd N.
4) That the Conditional Use Permit for a commercial boarding facility will be for the Property legally described as follows: NE1/4 OF SEC 14 SUBJECT TO A HIGHWAY EASEMENT FOR COUNTY STATE AID HIGHWAY 17 OVER EAST 50.00 FEET THEREOF AS DESCRIBED IN SAID BOOK 258 OF DEEDS PAGES 39 AND 40-ALSO
Resolution 2017-105 2
SUBJECT TO A HIGHWAY EASEMENT FOR TRUNK HIGHWAY 5 AS DESCRIBED
IN BOOK 246 OF DEEDS PAGE 592 SECTION 14 TOWNSHIP 029 RANGE 021.
5) The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Provided the MPCA sees no issues with the proposed expansion, the proposed expansion of an existing feedlot will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 6) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The proposal is consistent with the Comprehensive Plan in that the property is guided for
Rural Area Development and is within the a Rural Preservation Area, which allow for uses such as passive recreation, alternative agricultural uses, public gathering spaces and other amenities that are consistent with agricultural use or character. Provided the MPCA sees no issues and a Valley Branch Watershed District permit is obtained, it will not negatively impact natural resources. 7) The use or development is compatible with the existing neighborhood. The use is compatible with the existing neighborhood, as the property is currently used as a farm and houses horses. The proposed use will be an expansion of the existing use.
8) The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposed expansion meets standards set forth for expansions to existing feedlots as set forth in Section 154.800 (C) (6) (c) of the Zoning Code.
9) If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 154.800 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is located within the City’s Shoreland District but meets standards required for an expansion to an existing feedlot within the City’s shoreland district. 10) The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed project will be similar in
character and design to the existing home and barn on the property. 11) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The proposed use will not be hazardous or create
a nuisance on the property provided all the rules and regulations set forth by the City and other applicable agencies are met and all applicable permits are obtained. 12) The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed use. The applicant has not provided a hydroCAD model; information on potable water supply to the facilities; information on wastewater management for the facilities; and slightly increases driveway use to an existing private driveway. It is a recommended condition of approval that the applicant include this information on updated plans to be reviewed and approved by the City Engineer so that this may be determined. Provided this information is supplied, reviewed and approved by the City Engineer and other applicable agencies, the use will be adequately served by the aforementioned.
Resolution 2017-105 3
13) The proposed use will not create excessive additional requirements at public cost for publicfacilities and services and will not be detrimental to the economic welfare of the community.The proposed use will not create additional requirements for public facilities andservices, provided the use does not include spectators.
14) The proposed use will not involve uses, activities, processes, materials, equipment andconditions of operation that will be detrimental to any persons, property or the generalwelfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
Traffic to the site is expected to be minimal, and visits are expected to be short. Minimalnoise is expected to come from the site, short of the sounds of unloading and loadingitems. Hazardous materials are prohibited from being stored on site, and lighting hasbeen evaluated and determined to not cause a nuisance as proposed.
15) Vehicular approaches to the property, where present, will not create traffic congestion orinterfere with traffic on surrounding public thoroughfares. The Applicant has indicated thatadditional truck traffic will increase by only two trips per week.
16) The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance. The proposed use will be a modernization and expansion ofan existing scenic feature within Lake Elmo.
CONCLUSIONS AND DECISION
Based on the foregoing, the Applicant’s application for a Conditional Use Permit for
expansion of an existing feedlot within the shoreland is granted, subject to the following
conditions:
1. The Applicant shall provide the Minnesota Pollution Control (MPCA) a complete Notice ofConstruction or Expansion of an Animal Feedlot with less than 300 Animal Units and
provide the City proof from the MPCA that there are no issues with this expansion.
2. Applicant must address all engineering review comments outlined in the Engineering Memodated August 18, 2017.
Passed and duly adopted this 3rd day of October, 2017 by the City Council of the City of Lake Elmo, Minnesota.
__________________________________ Michael Pearson, Mayor ATTEST:
________________________________ Julie Johnson, City Clerk
STAFF REPORT
DATE: October 17, 2017
REGULAR
Item #: 23
AGENDA ITEM: 2017 Street Improvements – Assessment Hearing on Improvements and
Adopting the Final Assessment Roll
SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Brian Swanson, Finance Director
Sarah Sonsalla, City Attorney Chad Isakson, Assistant City Engineer
ISSUE BEFORE COUNCIL: Should the City Council hold the final assessment hearing for the 2017 Street Improvements and, after closing the hearing, adopt the final assessment roll?
BACKGROUND: On September 19, 2017, the City Council approved a Resolution declaring the costs to be assessed, ordering the preparation of the proposed assessment, and calling for the hearing on proposed assessment for the 2017 Street Improvements. Mailed notice has been provided to each assessed property
and notice of the public hearing has been published in the local paper.
PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429 the Council must
declare the final amount to be assessed against the benefitting properties and the hearing on the proposed assessment for these improvements must be conducted. Staff has attached a Final Assessment Roll which must be certified to the County Auditor by November 30, 2017.
The Final Assessment Rolls have been calculated based on the final project costs and in accordance with the City’s Special Assessment Policy. The final total project cost, at completion, is $1,318,000; down from
the feasibility report cost of $1,400,000. The table below summarizes the preliminary unit assessment from the feasibility report and the proposed final unit assessment. In accordance with the assessment policy there are two properties along the project that are being assessed 50% of the unit assessment because they have a driveway access to two different streets and will be assessed for improvements to each street project. Two other properties are proposed to be assessed 2 unit assessments because the properties could be subdivided under their current zoning and land use designations. The attached final assessment roll details the proposed assessment for each parcel.
Table 1: Assessment Comparison
Feasibility Report Proposed Final Assessment
2017 Streets Improvements –
Residential Property
$6,400 $5,900
Assessments for street improvements are being levied over 15 years.
FISCAL IMPACT: The total project cost is $1,318,000 with $395,300 paid through special assessments
and the remaining $922,700 paid through the general tax levy. Holding the final assessment hearing follows state statute for assessing benefitting properties and adopting the final assessment roll finalizes the special assessments to be levied for the improvements.
RECOMMENDATION: Staff is recommending that the City Council approve Resolution No. 2017-115, Adopting the Final Assessment Roll for the 2017 Street Improvements. The recommended motion for this
action is as follows: “Move to approve Resolution No. 2017-109, Adopting the Final Assessment Roll for the 2017 Street Improvements.” ATTACHMENTS: 1. Resolution Adopting the Final Assessment Roll on Street Improvements. 2. Notice of Hearing on Proposed Assessment. 3. Final Assessment Roll.
CITY OF LAKE ELMO
WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-109 A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE 2017 STREET IMPROVEMENTS
WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the 2017 Street Improvements including
street, drainage and utility improvements of 55th Street North from Demontreville Trail North to Jamaca Avenue North, 55th Street North from Jamaca Avenue North to 57th Street North, 57th Street North from Julep Way North to Keats Avenue North, Jamaca Avenue North from 55th Street North to Jamaca
Boulevard North, and Jamaca Boulevard North from 55th Street North to Jamaca Avenue North. NOW, THEREFORE, BE IT RESOLVED,
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount
of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over 15 years, the first of the installments to be payable on or before the first Monday in January, 2018, and shall bear interest at the rate of 4.00% percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2017. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the county auditor, pay the whole of the assessment on such property, with the interest accrued
to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SEVENTEENTH DAY OF OCTOBER, 2017. CITY OF LAKE ELMO
By: __________________________ Mike Pearson (Seal) Mayor
ATTEST: ________________________________ Julie Johnson City Clerk
CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT
2017 STREET IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the council chambers of the city hall at or approximately after 7:00 P.M. on Tuesday, October 17,
2017, to consider, and possibly adopt, the proposed assessment against benefitting
property for the 2017 Street Improvements. Adoption by the Council of the proposed assessment may occur at the hearing. The following describes the area proposed to be assessed:
• Street and drainage improvements along 55th Street North from Demontreville Trail North to Jamaca Avenue North, 55th Street North from Jamaca Avenue North to 57th Street North, 57th Street North from Julep Way North to Keats Avenue North, Jamaca Avenue North from 55th Street North to Jamaca
Boulevard North, Jamaca Boulevard North from 55th Street North to Jamaca
Avenue North. You may at any time prior to certification of the assessment to the county auditor pay the entire assessment on such property to the City Clerk with interest accrued to the date of
payment. No interest shall be charged if the entire assessment is paid to the City Clerk
within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the
succeeding year. If you decide not to prepay the assessment before the date given above
the rate of interest that will apply is 4.00 percent per year. Once assessments are certified to the County, the assessments are payable in equal annual installments extending over a period of 15 years for street improvements, the first of the
installments to be payable on or before the first Monday in January 2018, and will bear
interest at the rate of 4.00 percent per annum from the date of adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments.
The proposed assessment roll is on file for public inspection at the City Clerk’s office. The total amount of the proposed street improvement assessments is $395,300. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner
is filed with the municipal clerk prior to the assessment hearing or presented to the
presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable.
An owner may appeal an assessment to district court pursuant to Minnesota Statutes,
Section 429.081 by serving notice of the appeal upon the Mayor or Clerk within 30 days
after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. The City Council may, in its discretion, defer the payment of this assessment for any
homestead property owned by a person for whom it would be a hardship to make
payment if the owner is 65 years of age or older and/or the owner is a person retired by virtue of a permanent and total disability or by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person’s
military orders. The owner must request a deferment of the assessment at or before the
public hearing at which the assessment is adopted and make application on forms prescribed by the City Clerk within 30 days after the adoption. Notwithstanding the standards and guidelines established by the City for determining a
hardship, a deferment of an assessment may be obtained pursuant to Minnesota Statutes
Section 435.193. DATED: September 19, 2017 BY ORDER OF THE LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
(Published in the Oakdale-Lake Elmo Review on September 27, 2017)
CITY OF LAKE ELMO, MN.SEPTEMBER 20172017 STREET IMPROVEMENTSFINAL ASSESSMENT ROLLPAGE 1NO. NAMEPID AMOUNT55TH STREET NORTH: DEMONTREVILLE TRAIL TO JAMACA AVENUE1 KLAENHAMMER LEIGH J 8800 55TH ST N 8800 55TH ST N LAKE ELMO MN 55042 0402921110005 5,900.00$ 2 HUNT LEE G & MARY C8810 55TH ST N 8810 55TH ST N LAKE ELMO MN 55042 0402921140001 5,900.00$ 3 OPHEIM JOHN E & BRENDA J 1485 GERVAIS AVE MAPLEWOOD MN 55109 0402921140003 5,900.00$ 4 SPRINGBORN RICHIE W & BETH A8970 55TH ST N 8970 55TH ST N LAKE ELMO MN 55042 0402921140002 5,900.00$ 5 LAWRENCE MATTHEW T & JESSICA A1946 COUNTY RD E E WHITE BEAR LAKE MN 55110 0302921230010 5,900.00$ 6 SPRINGBORN GAYLEN W8989 55TH ST N LAKE ELMO MN 55042 0402921140004 5,900.00$ 7 SPRINGBORN GAYLEN W & WANDA E8989 55TH ST N 8989 55TH ST N LAKE ELMO MN 55042 0402921140005 5,900.00$ 55TH STREET NORTH: JAMACA AVENUE TO 57TH STREET8 CIHON JAMES & LISA 5121 ISLE AVE LAKE ELMO MN 55042 0302921230011 5,900.00$ 9 SCHABERG MARK S & SUSAN H 9055 55TH ST N 9055 55TH ST N LAKE ELMO MN 55042 0302921320019 5,900.00$ 10 SMITH MICHAEL H & AIMEE C 9123 55TH ST N 9123 55TH ST N LAKE ELMO MN 55042 0302921320011 5,900.00$ 11 KASTLER PETER H & MADELINE E & LINDA DORNFELD9130 55TH ST N 9130 55TH ST N LAKE ELMO MN 55042 0302921230012 11,800.00$ 12 PRESTON HOWARD D & LAURIE G MCGINNIS9163 55TH ST N 9163 55TH ST N LAKE ELMO MN 55042 0302921320010 5,900.00$ 13 SHARON N MATTREN LIVING TRS9203 55TH ST N 9203 55TH ST N LAKE ELMO MN 55042 0302921320009 5,900.00$ 14 MILLER WILLIAM T & BARBARA K9240 55TH ST N 9240 55TH ST N LAKE ELMO MN 55042 0302921310012 5,900.00$ 15 BURRESS MICHAEL J & MARY JO 9243 55TH ST N 9243 55TH ST N LAKE ELMO MN 55042 0302921320008 5,900.00$ 16 FROST ARLO P & STEPHANIE L9280 55TH ST N 9280 55TH ST N LAKE ELMO MN 55042 0302921310013 5,900.00$ 17 METZLER DAVID 9303 55TH ST N 9303 55TH ST N LAKE ELMO MN 55042 0302921310009 5,900.00$ 18 SUNDGAARD HANS 9333 55TH ST N 9333 55TH ST N LAKE ELMO MN 55042 0302921310010 5,900.00$ 19 GONZALEZ LAWRENCE & JOY9363 55TH ST N 9363 55TH ST N LAKE ELMO MN 55042 0302921310011 5,900.00$ 20 YAGER PATRICIA & RAYMOND 9393 55TH ST N 9393 55TH ST N LAKE ELMO MN 55042 0302921310002 5,900.00$ 21 STANLEY W & SANDRA K EAYRS TRS9400 55TH ST N 9400 55TH ST N LAKE ELMO MN 55042 0302921310015 5,900.00$ 22 HUGHES JOHN R & CHARLENE 9455 55TH ST N 9455 55TH ST N LAKE ELMO MN 55042 0302921240003 5,900.00$ 23 AUGER THOMAS & MARY 9486 55TH ST N 9486 55TH ST N LAKE ELMO MN 55042 0302921240007 5,900.00$ 24 DIAZ JIMMY 9515 55TH ST N 9515 55TH ST N LAKE ELMO MN 55042 0302921240004 5,900.00$ 25 STEELE DAVID & DEBORAH 9576 55TH ST N 9576 55TH ST N LAKE ELMO MN 55042 0302921240008 5,900.00$ 26 RADERS DEAN A & PRATHER H P JR9589 55TH ST N 9589 55TH ST N LAKE ELMO MN 55042 0302921240005 5,900.00$ 27 GRABOWSKI DENNIS J & SANDRA L GRABOWSKI 9652 55TH ST N 9652 55TH ST N LAKE ELMO MN 55042 0302921240009 5,900.00$ 57TH STREET NORTH: JULEP WAY TO KEATS AVENUE28 CHLEBECK STEPHEN JR & PATRICIA A BARRETT9692 57TH ST N 9692 57TH ST N LAKE ELMO MN 55042 0302921130003 5,900.00$ 29 JURAN LEONARD D & BONNIE M 9784 57TH ST N 9784 57TH ST N LAKE ELMO MN55042 0302921140005 5,900.00$ 30 WEATHERUP ROBERT J & COREY M 9844 57TH ST N 9844 57TH ST N LAKE ELMOMN 55042 0302921140004 5,900.00$ 31 MARKOE BETH A 9875 57TH ST N 9875 57TH ST N LAKE ELMO MN 55042 0302921140007 5,900.00$ 32 PEDERSEN JEFFREY C & SHERRY9896 57TH ST N 9896 57TH ST N LAKE ELMO MN 55042 0302921140003 5,900.00$ 33 RICHARD J EGERSDORF LIV TRS 2/9/16 9960 57TH ST N 9960 57TH ST N LAKE ELMO MN 55042 0302921140002 2,950.00$ 34 LY MONGSHER M & SIA LO 9965 57TH ST N 9965 57TH ST N LAKE ELMO MN 55042 0302921140006 5,900.00$ SUBTOTAL 203,550.00$ ADDRESS MAILING ADDRESS
CITY OF LAKE ELMO, MN.SEPTEMBER 20172017 STREET IMPROVEMENTSFINAL ASSESSMENT ROLLPAGE 2]NO. NAMEPID AMOUNTJAMACA AVENUE NORTH: 55TH STREET TO JAMACA BOULEVARD35 HALL GREGORY K E & DIANA J 5110 JAMACA AVE N 5110 JAMACA AVE N LAKE ELMO MN 55042 0402921440002 5,900.00$ 36 CHOW CHRISTOPHER N Y & GLORIA T CHOW TRS 5120 JAMACA AVE N 5120 JAMACA AVE N LAKE ELMO MN 55042 0402921440007 5,900.00$ 37 ALM ROGER R TRS 5187 JAMACA AVE N 5187 JAMACA AVE N LAKE ELMO MN 550420402921440009 5,900.00$ 38 ANDERSON NEIL D & BONNIE R 5217 JAMACA AVE N 5217 JAMACA AVE N LAKE ELMO MN 55042 0402921440010 5,900.00$ 39 STECKHAHN NICHOLAS F & SARA J 5247 JAMACA AVE N 5247 JAMACA AVE N LAKE ELMO MN 55042 0302921320013 5,900.00$ 40 KREJCI CHARLES K & CHRISTINE D 5277 JAMACA AVE N 5277 JAMACA AVE N LAKE ELMO MN 55042 0302921320014 5,900.00$ 41 LATUFF LOLA J TRS & PETER J LATUFF TRS 5307 JAMACA AVE N 5307 JAMACA AVE N LAKE ELMO MN 55042 0302921320015 5,900.00$ 42 TESKE MARK F & MICHELLE A 5337 JAMACA AVE N 5337 JAMACA AVE N LAKE ELMO MN 55042 0302921320016 5,900.00$ 43 DESSEL RICHARD H & GARNER MARY 5367 JAMACA AVE N 5367 JAMACA AVE N LAKE ELMO MN 55042 0302921320017 5,900.00$ 44 HOFFMAN HELEN N & THOMAS R 5427 JAMACA AVE N 5427 JAMACA AVE N LAKE ELMO MN 55042 0302921320018 5,900.00$ 45 LANDSEM CONAN B & STEPHANIE J 5487 JAMACA AVE N 5487 JAMACA AVE N LAKE ELMO MN 55042 0302921320020 5,900.00$ 46 MUELLER MICHAEL J & SALLY E 5200 ISLE AVE N LAKE ELMO MN 55042 0402921440001 5,900.00$ 47 SPRINGBORN GAYLEN W 8989 55TH ST N LAKE ELMO MN 55042 0402921410003 5,900.00$ JAMACA BOULEVARD NORTH: 55TH STREET TO JAMACA AVENUE48 GROSS CHRISTOPHER L & KATHLEEN M B GROSS 5111 JAMACA BLVD N 5111 JAMACA BLVD N LAKE ELMO MN 55042 0302921330009 2,950.00$ 49 TRAUSCHT D D & E A 5130 JAMACA BLVD N 5130 JAMACA BLVD N LAKE ELMO MN 55042 0302921330002 5,900.00$ 50 REINECK MICHAEL J & STEPHANIE 5131 JAMACA BLVD N 5131 JAMACA BLVD NLAKE ELMO MN 55042 0302921330010 5,900.00$ 51 REARDON JAMES M & JEANINE L 5150 JAMACA BLVD N 5150 JAMACA BLVD N LAKE ELMO MN 55042 0302921330003 5,900.00$ 52 TOMPKINS SCOTT B & MARIA M 5151 JAMACA BLVD N 5151 JAMACA BLVD N LAKE ELMO MN 55042 0302921330011 5,900.00$ 53 REESE JAMES F & DEBRA 5170 JAMACA BLVD N 5170 JAMACA BLVD N LAKE ELMO MN 55042 0302921330004 5,900.00$ 54 OERTEL EDWARD J & ROBIN L 5171 JAMACA BLVD N 5171 JAMACA BLVD N LAKE ELMO MN 55042 0302921330012 5,900.00$ 55 DUPAUL LANCE D & KRISTIN L 5190 JAMACA BLVD N 5190 JAMACA BLVD N LAKE ELMO MN 55042 0302921330005 5,900.00$ 56 ABBOTT DENNIS R & JUDITH A 5193 JAMACA BLVD N 5193 JAMACA BLVD N LAKE ELMO MN 55042 0302921330013 5,900.00$ 57 SATERSMOEN JAMES H & KATHLEE 5210 JAMACA BLVD N 5210 JAMACA BLVD N LAKE ELMO MN 55042 0302921330006 5,900.00$ 58 ANDERSON JACQUELYN L 5211 JAMACA BLVD N 5211 JAMACA BLVD N LAKE ELMOMN 55042 0302921330014 5,900.00$ 59 KERR DAVID F & MARY LOU 5230 JAMACA BLVD N 5230 JAMACA BLVD N LAKE ELMO MN 55042 0302921320003 5,900.00$ 60 SCHOENROCK ROBERT C & CYNTHI 5250 JAMACA BLVD N 5250 JAMACA BLVD N LAKE ELMO MN 55042 0302921320004 5,900.00$ 61 SIMPSON JOHN T & SHARON M 5270 JAMACA BLVD N 5270 JAMACA BLVD N LAKE ELMO MN 55042 0302921320005 5,900.00$ 62 LE LANCHI T & MATTHEW L PHILION 5290 JAMACA BLVD N 5290 JAMACA BLVD N LAKE ELMO MN 55042 0302921320006 5,900.00$ 63 CITY OF LAKE ELMO 3800 LAVERNE AVE N LAKE ELMO MN 55042 0302921330001 11,800.00$ 64 BROWN KEVIN J & TAMAREEM V 5385 JAMACA BLVD N 5385 JAMACA BLVD N LAKE ELMO MN 55042 0302921310007 5,900.00$ 65 DRAXTON MICHAEL & AMANDA 5400 JAMACA BLVD N 5400 JAMACA BLVD N LAKE ELMO MN 55042 0302921320007 5,900.00$ 66 FARMER KENNETH R II & MICHELLE R W 5445 JAMACA BLVD N 5445 JAMACA BLVD N LAKE ELMO MN 55042 0302921310008 5,900.00$ SUBTOTAL‐PAGE 2 191,750.00$ SUBTOTAL‐PAGE 1 203,550.00$ TOTAL 395,300.00$ MAILING ADDRESSADDRESS
STAFF REPORT
DATE: October 17, 2017
REGULAR Item #: 24
AGENDA ITEM: Inwood Trunk Watermain Improvements – Assessment Hearing on Improvements and Adopting the Final Assessment Roll
SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Brian Swanson, Finance Director Sarah Sonsalla, City Attorney Chad Isakson, Assistant City Engineer
ISSUE BEFORE COUNCIL: Should the City Council hold the final assessment hearing for the Inwood
Trunk Watermain Improvements and, after closing the hearing, adopt the final assessment roll?
BACKGROUND: On September 19, 2017, the City Council approved a Resolution declaring the costs to be assessed, ordering the preparation of the proposed assessment, and calling for the hearing on proposed assessment for the Inwood Trunk Watermain Improvements. Mailed notice has been provided to each assessed property and notice of the public hearing has been published in the local paper.
PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429 the Council must declare the amount to be assessed against the benefitting properties and the hearing on the proposed assessment for these improvements must be conducted. Staff has attached a Final Assessment Roll which must be certified to the County Auditor by November 30, 2017.
The final assessment amount for the two benefitting properties is $5,800 in accordance with the City’s Special Assessment Policy and current fee schedule for water lateral benefit assessments. This amount is
consistent with the preliminary assessment from the project feasibility report. In accordance with the agreement to obtain the Inwood Booster Station site, the assessment proposed for 2298 Inwood Avenue North will be waived.
FISCAL IMPACT: The total project cost was $1,674,000 with $708,816.05 paid from the water enterprise fund; $935,583.95 paid from the Water System DEED grant; and $11,600 paid through special assessments. Holding the final assessment hearing follows state statute for assessing benefitting properties and adopting the final assessment roll finalizes the special assessments to be levied for the improvements.
RECOMMENDATION: Staff is recommending that the City Council approve Resolution No. 2017-110, Adopting the Final Assessment Roll for the Inwood Trunk Watermain Improvements. The recommended motion for this action is as follows:
“Move to approve Resolution No. 2017-110, Adopting the Final Assessment Roll for the Inwood Trunk Watermain Improvements.”
ATTACHMENTS:
1. Resolution Adopting the Final Assessment Roll on Watermain Improvements.2.Notice of Hearing on Proposed Assessment.
3. Final Assessment Roll.
CITY OF LAKE ELMO
WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-110 A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE INWOOD TRUNK WATERMAIN IMPROVEMENTS
WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the Inwood Trunk Watermain Improvements.
NOW, THEREFORE, BE IT RESOLVED,
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount
of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over 20 years, the first of the installments to be payable on or before the first Monday in January, 2018, and shall bear interest at the rate of 4.00% percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2017. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the county auditor, pay the whole of the assessment on such property, with the interest accrued
to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SEVENTEENTH DAY OF OCTOBER, 2017. CITY OF LAKE ELMO By: __________________________
Mike Pearson (Seal) Mayor ATTEST:
________________________________ Julie Johnson
City Clerk
CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT
INWOOD AVENUE TRUNK WATERMAIN IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the council chambers of the city hall at or approximately after 7:00 P.M. on Tuesday, October 17,
2017, to consider, and possibly adopt, the proposed assessment against benefitting
property for the Inwood Trunk Watermain Improvements. Adoption by the Council of the proposed assessment may occur at the hearing. The following describes the area proposed to be assessed:
• A $5,800 lateral benefit assessment for water system improvements to properties receiving access to city water along Inwood Avenue from 26th Street North to Eagle Point Boulevard. Properties include 2298 Inwood Avenue North and 2038 Inwood Avenue North.
You may at any time prior to certification of the assessment to the county auditor pay the entire assessment on such property to the City Clerk with interest accrued to the date of payment. No interest shall be charged if the entire assessment is paid to the City Clerk within 30 days from the adoption of this assessment. You may at any time thereafter, pay
to the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 4.00 percent per year.
Once assessments are certified to the County, the assessments are payable in equal annual installments extending over a period of 20 years for water improvements, the first of the installments to be payable on or before the first Monday in January 2018, and will bear interest at the rate of 4.00 percent per annum from the date of adoption of the assessment
resolution. To the first installment shall be added interest on the entire assessment from
the date of the assessment resolution until December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The proposed assessment roll is on file for public inspection at the City Clerk’s office.
The total amount of the proposed water assessment is $11,600. Written or oral objections
will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a
proposed individual assessment at an adjourned meeting upon such further notice to the
affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk within 30 days
after the adoption of the assessment and filing such notice with the district court within
ten days after service upon the Mayor or Clerk.
The City Council may, in its discretion, defer the payment of this assessment for any homestead property owned by a person for whom it would be a hardship to make payment if the owner is 65 years of age or older and/or the owner is a person retired by
virtue of a permanent and total disability or by a person who is a member of the
Minnesota National Guard or other military reserves who is ordered into active military service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person’s military orders. The owner must request a deferment of the assessment at or before the public hearing at which the assessment is adopted and make application on forms
prescribed by the City Clerk within 30 days after the adoption.
Notwithstanding the standards and guidelines established by the City for determining a hardship, a deferment of an assessment may be obtained pursuant to Minnesota Statutes Section 435.193.
DATED: September 19, 2017
BY ORDER OF THE LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor (Published in the Oakdale-Lake Elmo Review on September 27, 2017)
CITY OF LAKE ELMO, MN.
SEPTEMBER 2017
INWOOD AVENUE TRUNK WATERMAIN IMPROVEMENTS
FINAL ASSESSMENT ROLL PAGE 1 of 1
NO. NAME PID
ASSESSMENT
AMOUNT
1 CAROLINE M EBERHARD TRS 2298 INWOOD AVE N 1320 RYAN AVE W ROSEVILLE, MN 55113 2102921320001 $5,800.00
2 MEEHAN FAMILY LLC 2038 INWOOD AVE N 740 MARSHALL AVE ST. PAUL, MN 55104 2102921340013 $5,800.00
TOTAL $11,600.00
ASSESSABLE PROPERTY ADDRESS MAILING ADDRESS