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HomeMy WebLinkAbout03-06-18 Meeting Packet NOTICE OF MEETING City Council Meeting Tuesday, March 6, 2018 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. Accept Minutes 1. February 20, 2018 D. Public Comments/Inquires E. Presentations 2. Employee Service Recognition Awards F. Consent Agenda 3. Approve Payment of Disbursements and Payroll 4. Approve Hiring of Fire Department Chaplain 5. Approve Private Development Security Reduction –Inwood 5th Addition G. Regular Agenda 6. Outdoor Lighting Ordinance Zoning Text Amendments – Ordinance 08-202; Resolution 2018-022 H. Council Reports I. Staff Reports and Announcements J. Adjourn Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character CITY OF LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 20, 2018 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, Jill Lundgren and Christine Nelson Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning Director Becker, Assistant Administrator Foster, Finance Director Swanson and City Clerk Johnson. APPROVAL OF AGENDA Item 11, “Approve Request for Proposals for Lawn Maintenance” was moved to the Regular Agenda. Councilmember Nelson, seconded by Councilmember Bloyer, moved TO APPROVE THE AGENDA AS AMENDED. Motion passed 5 – 0. ACCEPT MINUTES Minutes of the February 7, 2018 Regular Meeting were accepted as presented. PUBLIC COMMENTS/INQUIRIES None CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll 3. Accept January 2018 Assessor’s Report 4. Accept January 2018 Public Works Department Report 5. Accept January 2018 Building Department Report 6. Accept January 2018 Fire Department Report 7. Approve Step Increase, Planning Director 8. Approve Pay Request No. 2: I-94 Lift Station and Sanitary Sewer Improvements 9. Authorize Advertising and Hiring of Finance and GIS Interns 10. Authorize Advertising and Hiring of Seasonal Public Works Employee(s) 11. Approve Request for Proposals for Lawn Maintenance 12. Approve Solar Ordinance – Ordinance 08-198; Resolution 2018-010 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 20, 2018 Page 2 of 6 Councilmember Lundgren, seconded by Mayor Pearson, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 5 - 0. ITEM 11: Approve Request for Proposals for Lawn Maintenance Mayor Pearson announced that the City would be accepting bids for lawn maintenance and encouraged interested parties to submit a bid. Mayor Pearson, seconded by Councilmember Lundgren, moved TO APPROVE ISSUING AN RFP FOR 2018 LAWN MOWING SERVICES OF CITY PROPERTIES. Motion passed 5 – 0. ITEM 13: Wyndham Village Subdivision Sketch Plan Review & Comprehensive Plan Amendment City Planner Becker reviewed the site plan and comprehensive plan amendment proposed for a single family development of ten lots. Councilmember Lundgren, seconded by Councilmember Nelson, moved TO APPROVE THE PROPOSED COMPREHENSIVE PLAN AMENDMENT TO RE-GUIDE PID #13.029.21.43.0001 FROM RURAL SINGLE FAMILY TO VILLAGE URBAN LOW DENSITY, BASED ON THE RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL. Motion passed 5 – 0. ITEM 14: Legacy at North Star Preliminary Plat and PUD Plans City Planner Becker presented amendments to the proposed site plan and changes to the recommended conditions of approval. Engineering comments, buffers, trails and amenity points were discussed. Craig Allen, GSWA, commented on the open space calculation, right of way for the trail along Lake Elmo Avenue, stormwater reuse and the proposed club house design. Councilmember Nelson, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION 2018-013 APPROVING LEGACY AT NORTHSTAR PRELIMINARY PLAT AND PUD PLANS WITH RECOMMENDED CONDITIONS OF APPROVAL. Councilmember Fliflet stated she would not support the motion as she is opposed to the open space transfer to Reid Park and the proposed buffers for the Hamlet neighborhood. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO SUSPEND THE RULES TO ALLOW FOR PUBLIC COMMENT. Motion passed 4 – 1. (Fliflet – nay) Joe Barwick, 3778 Kindred Ct., stated that the plan has improved since last summer and feels that the neighbors can work with the current plan and the developer. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 20, 2018 Page 3 of 6 Councilmember Bloyer, Mayor Pearson, moved TO AMEND THE PRIMARY MOTION TO REVISE THE RESOLUTION TO REMOVE PARAGRAPH 8 AND UPDATE IT WITH THE STAFF RECOMMENDATIONS FOR AMENITY POINTS. Motion passed 3 – 2. (Fliflet, Lundgren – nay) Primary motion passed 3 – 2. (Fliflet, Lundgren – nay) ITEM 15: Drug Testing and Drug Free Workplace Policies Assistant Administrator Foster presented the proposed drug testing and drug free work place policies. Discussion held regarding drug testing procedures. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT THE DRUG TESTING POLICIES FOR DOT AND NON-DOT EMPLOYEES AS RECOMMENDED BY STAFF AND THE HUMAN RESOURCES COMMITTEE. Motion passed 3 – 2. (Bloyer, Nelson – nay) Councilmember Nelson stated she did not support the motion as it discriminates against people legally prescribed certain medications for common conditions. ITEM 16: Service Agreements with Industrial Health Services Network Councilmember Fliflet, seconded by Mayor Pearson, moved TO APPROVE THE SERVICE AGREEMENTS WITH INDUSTRIAL HEALTH SERVICES NETWORK. Motion passed 5 – 0. ITEM 17: Chicken Ordinance Planning Director Becker presented the proposed updates to the ordinance relating to the keeping of chickens. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO TABLE THE CHICKEN ORDINANCE INDEFINITELY. Motion passed 3 – 2. (Fliflet, Lundgren – nay) ITEM 18: Lake Elmo Inn Parking Lot Conditional Use Permit City Planner Becker reviewed the request from Lake Elmo Inn for use of the property at 3504 Lake Elmo Avenue North as a parking lot. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2018-018 APPROVING A CONDITIONAL USE PERMIT FOR A PARKING FACILITY ON THE PROPERTY LOCATED AT 3504 LAKE ELMO AVENUE NORTH, SUBJECT TO RECOMMENDED CONDITIONS OF APPROVAL. Mayor Pearson, seconded by Councilmember Nelson, moved TO AMEND THE PRIMARY MOTION TO CHANGE THE SETBACK FROM 20 FEET TO 10 FEET. Councilmember LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 20, 2018 Page 4 of 6 Bloyer, seconded by Councilmember Lundgren, MOVED TO TABLE THE CURRENT ITEM TO FOLLOW ITEM 23 ON THE AGENDA. Motion passed 5 – 0. ITEM 19: 4564 Kimbro Avenue Minor Subdivision and Zoning Map Amendment Planning Director Becker reviewed the request for a minor subdivision to create two separate parcels. Councilmember Lundgren, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2018-019 APPROVING THE MINOR SUBDIVISION REQUEST FOR THE PROPERTY LOCATED AT 4564 KIMBRO AVENUE NORTH, SUBJECT TO THE 5 OUTLINED CONDITIONS OF APPROVAL. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO AMEND THE PRIMARY MOTION BY ADDING CONDITION 6 REQUIRING RIGHT OF WAY DEDICATION. Motion passed 5 -0. Councilmember Lundgren, seconded by Mayor Pearson, moved TO ADOPT ORDINANCE 08-201 APPROVING THE ZONING MAP AMENDMENT TO REZONE THE PROPERTY LOCATED AT 4564 KIMBRO AVENUE NORTH FROM AGRICULTURAL TO RURAL RESIDENTIAL, SUBJECT TO ONE CONDITION OF APPROVAL. Motion passed 5 – 0. ITEM 20: Hammes 3rd Final Plat Planning Director Becker presented the plans for the final phase of the Hammes Addition. Councilmember Nelson, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION 2018-016 APPROVING THE HAMMES ESTATES 3RD ADDITION FINAL PLAT WITH THE TEN CONDITIONS OF APPROVAL BASED ON THE FINDINGS OF FACT LISTED IN THE STAFF REPORT. Councilmember Bloyer, seconded by Mayor Pearson, moved TO AMEND THE PRIMARY MOTION BY STRIKING CONDITION 9 IN RESOLUTION 2018-016. Motion passed 4 – 0 – 1. (Fliflet – present/not voting) Primary motion passed 4 – 0 – 1. (Fliflet – present/not voting) Mayor Pearson, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2018-017 APPROVING THE REQUEST TO VACATE THE EASEMENT OVER OUTLOT B, HAMMES ESTATES 3RD ADDITION, SUBJECT TO ONE CONDITION OF APPROVAL. Motion passed 4 – 0 – 1. (Fliflet – present/not voting) ITEM 21: Northport Development Agreement Amendment Planning Director Becker reviewed the proposed amendment to the Development Agreement for Northport that would allow phasing within the development. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 20, 2018 Page 5 of 6 Mayor Pearson, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION2018-020 APPROVING THE REQUEST TO AMEND NORTHPORT DEVELOPMENT AGREEMENT TO ALLOW BUILDING PERMITS TO BE RELEASED UPON COMPLETION OF REQUIRED ITEMS WITHIN PHASES AS PER THE APPROVED PHASING PLAN. Motion passed 5 – 0. ITEM 22: Old Village Phase 4 Street & Utility Improvements – Authorize Preparation of Plans and Specifications City Engineer Griffin reviewed the project schedule and project area, scope of improvements and requested Council action. Councilmember Bloyer left the meeting at approximately 10:30 p.m. Councilmember Nelson, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2018-021 ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE OLD VILLAGE PHASE 4 STREET AND UTILITY IMPROVEMENTS IN THE NOT TO EXCEED AMOUNT OF $126,800. Motion passed 4 – 0. ITEM 23: Hudson Boulevard Design Standards/Typical Section – Authorize Engineering Services City Planner Griffin presented a request for authorization of engineering services to develop design standards, typical sections and concept layout for Hudson Boulevard. Councilmember Lundgren, seconded by Councilmember Nelson, moved TO AUTHORIZE KLJ TO COMPLETE ENGINEERING SERVICES TO DEVELOP DESIGN STANDARDS, TYPICAL SECTIONS AND CONCEPT LAYOUT FOR HUDSON BOULEVARD IN THE AMOUNT NOT TO EXCEED $17,208. Motion passed 4 – 0. ITEM 18: Lake Elmo Inn Parking Lot Conditional Use Permit (continued) Mayor Pearson, seconded by Councilmember Lundgren, moved TO TAKE FROM THE TABLE THE LAKE ELMO INN PARKING LOT CUP. Motion passed 4 – 0. The amendment to the primary motion was withdrawn. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO STRIKE THE LANGUAGE IN PARAGRAPH 2 OF THE CONCLUSIONS AND DECISION IN RESOLUTION 2018-018 TO REMOVE “EXCEPT FOR THE REQUIREMENT THAT LANDSCAPE SCREENING BE REQUIRED ALONG LAKE ELMO AVENUE AND 34TH STREET NORTH.” Motion passed 4 – 0. Primary motion as amended passed 4 – 0. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 20, 2018 Page 6 of 6 STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Attended meeting with local communities regarding the White Bear Lake lawsuit. Reported that the State of Minnesota has reached a settlement agreement with 3M, reported on the Minnesota Supreme Court decision in the Rossow case and thanked the community for attending the open house held on February 15th regarding the City’s space needs study. City Engineer Griffin: Reported that the grant application submitted for the realignment of CSAH 14/15 was not successful and reported that the County is moving forward with the traffic signal. Meeting adjourned at 10:52 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk STAFF REPORT DATE: March 6, 2018 PRESENTATION ITEM #: 2 TO: Mayor and City Council FROM: Jake Foster, Assistant City Administrator AGENDA ITEM: Employee Service Recognitions BACKGROUND: In 2016, Council approved an employee recognition policy. As part of that policy, employees will be recognized for each 5 years of service and presented with a gift card of up to a $50 value. ISSUE BEFORE COUNCIL: Should the Council recognize the service anniversaries of the identified employees? PROPOSAL DETAILS/ANALYSIS: Staff recommends that the Mayor formally recognize the following employees for their service anniversaries. These employees will also be presented with a certificate of service recognition and gift card. Planning: Joan Ziertman – 5 years Fire: Firefighter Dominic Jara – 5 years Firefighter Alex Hilpisch – 5 years Firefighter Chris Supan – 5 years Assistant Fire Chief Mike Cornell – 10 years Firefighter Paul Jorgensen – 10 years Captian Noah Malmquist – 10 years Support Services Richard Sachs Jr. – 20 years Firefighter/Engineer Rich Springborn – 20 years Firefighter/Engineer Brian Johnson – 25 years FISCAL IMPACT: $500 for employee gift cards RECOMMENDATION: Staff recommends that the Mayor read the name and years of service of each employee to be recognized during the presentation portion of the agenda. (No motion necessary) ATTACHMENTS: None STAFF REPORT TO: FROM: AGENDA ITEM: REVIEWED BY: Mayor and City Council Amy La Belle, Accountant Approve Disbursements Kristina Handt, City Administrator BACKGROUND INFORMATION/STAFF REPORT: DATE: March 6, 2018 CONSENT #3 The City of Lake Elmo has the fiduciary responsibility to conduct nonnal business operations. Below is a summary of cun-ent claims to be disbursed and paid in accordance with State law and City policies and procedures. FISCAL IMPACT: Claim# Amount Description ACH $ 65,176.74 Payroll 03/01/18 47077-47130 $ 161,725.33 Accounts Payable 03/06/18 $ 0.00 Accounts Payable (Library Checks) TOTAL $ 226,902.07 RECOMMENDATION: If removed from the consent agenda, the recommended motion is as follows: "Motion to approve the aforementioned disbursements in the amount of$ 226,902.07." ATTACHMENTS: 1.Accounts Payable -check register --page 1 -- STAFF REPORT DATE: March 6, 2018 CONSENT ITEM #: 4 TO: City Council FROM: Greg Malmquist, Fire Chief AGENDA ITEM: Hiring of Richard “Woody” Glanzer as Support Services Department Chaplain for the Lake Elmo Fire Department with Compensation at Minumum Wage. REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: On 8/20/2013, at the city Council Meeting, Richard “Woody” Glanzer was introduced to the City Council and Public as the first ever Department Chaplain, under Support Services with the Lake Elmo Fire Department. There was no action requested of, or taken by the City Council at that time, as he would be a “Volunteer” under Support Services. He is not a Firefighter. He has served since that time and continues to serve at present, by attending drills, department functions and responding to emergencies. He also makes himself available to personnel as needed. Richard came to us from Willmar FD where he served as Chaplain. He purchased a home in Lake Elmo and approached us offering his assistance. His background and training in Chaplaincy and Critical Incident Stress Debriefing, (CISD) has proven its value many times over. Since 2013, Richard has responded to many major events with us and utilizes his training and background with the victims impacted by the event, while crews work. He has the ability to explain what is going, console and offer resources to the victims at a very difficult time. He is there with that family as they stand and watch the Firefighters work to save their home. There have also been times when Firefighters have had struggles in dealing with difficult emergencies that they have responded to. Richard has been a very valuable resource in helping them cope with the stress. He has far exceeded all expectations the department had and over time has become someone we “count” on. I believe officially hiring and moving him from a volunteer position to a compensated Support Services position with the City and Department is long over due and will continue to be a valuable asset to the department and those we serve. ISSUE BEFORE COUNCIL: Should the Council approve the “Hiring of Richard “Woody” Glanzer as Support Services Department Chaplain for the Lake Elmo Fire Department with Compensation at Minumum Wage, retroactive to January 1, 2018”? PROPOSAL DETAILS/ANALYSIS: If approved, this would be retroactive to January 1, 2018 as it was budgeted for 2018. The basis for making this recommendation is as follows. When Richard Glanzer first came on board, we had no idea what benefit he would bring to the department. His involvement began as very casual. Over time, he has demonstrated his value in ways we never imagined. Prior to Chaplain Glanzer, when we responded to an event that displaced people, they were more often than not left on their own, until we had stabilized the event and the Incident Commander found time to speak to them. Now, our Chaplain arrives early on in the event and goes to these people and stays with them, during this very traumatic time. He is able to explain what operations are going on, ensures they are cared for and their needs are being meet. Is the liason between the family and the IC. During this time we have received great feedback from victims in this regard. An additional benefit we have experienced, and again did not foresee, is to our personnel on the FD. During his tenure, we have experienced some “difficult” call responses that have impacted different personnel in different ways. Chaplan Glanzer has recognized changes in personnel and seeks them out, with positive outcomes. Our personnel, though initially skeptical, now seek him out to talk about various things. Chaplain Glanzer is a very giving person that volunteers outside the department as well. At his church and his involvement with the Washington County Chaplain Corp. Approving this will help ease the burden and time committement that Chaplain Richard Woody Glanzer has demonstrated over the years by responding to emergencies and attending department fuctions to make himself available to the public and department. The reason for the change, is that I saw him providing more and committing more time that originally anticipated. While I’m fairly certain he would continue to volunteer, as that is his nature, I would venture to guess we would see him less and less. So to help ensure and maintain his level of participation and availability, as well as to pay him for his time, which has value, I proposed we pay him. I feel we’ve certainly gotten great value from his volunteered time to the City, but we should also consider that we may be taking advantage as well? I also, felt that the minimum wage, while not a lot, was at least something. This would be consistent with our other Support Services position, held by Richard Sachs Jr., that has received minimum wage for years. FISCAL IMPACT: 2018 Budget shows $1,710.00 for his projected annual compensation. This projection was based on 15 hours per month at $9.50/hr. Since then, the minimum wage has increased to $9.65/hr, which would adjust the projection to $1,737.00 OPTIONS: 1) Approve Motion to hire Richard Glanzer as paid Support Services Chaplain 2) Deny approval and continue his status as volunteer Support Services. RECOMMENDATION: Approve Motion for the Hiring of Richard “Woody” Glanzer as Support Services Department Chaplain for the Lake Elmo Fire Department with Compensation at Minumum Wage, retroactive to January 1, 2018”? ATTACHMENTS: Copy of Council Memo from 8/20/2013 showing “Introduction of Richard “Woody” Glanzer to Council” MAYOR AND COUNCIL COMMUNICATION DATE: 8/20/2013 PRESENTATION ITEM #: 2A AGENDA ITEM: Introduction of Richard “Woody” Glanzer to Council SUBMITTED BY: Greg Malmquist, Fire Chief THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Adam Bell, City Clerk SUGGESTED ORDER OF BUSINESS: - Introduction of Item ................................................................................. Fire Chief - Report/Presentation ................................................................................. Fire Chief - Questions from Council to Staff .................................................. Mayor Facilitates SUMMARY AND ACTION REQUESTED: No action required. This is to introduce Richard Glanzer to Council and Public. He will serve the department in a Support Services role as our first ever Department Chaplain. STAFF REPORT: Richard comes to us from Willmar FD where he served as Chaplain. He has recently purchased a home in Lake Elmo and approached us offering his assistance. His background and training are in Chaplaincy and Critical Incident Stress Debriefing, (CISD). We believe he will fill a critical void in dealing with and supporting family members when disaster strikes as well as helping department members in dealing with “difficult” call responses. RECOMMENDATION: Staff respectfully requests that council recognize Richard Glanzer in the Voluntary Support Services role of Department Chaplain. No formal action is required. STAFF REPORT DATE: March 6, 2018 CONSENT ITEM #: 5 AGENDA ITEM: Private Development Projects – Approve Security Reductions for Inwood PUD 5th 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 security reductions for Inwood PUD 5th Addition? PROPOSAL DETAILS/ANALYSIS: Staff has received and processed requests to reduce the development security in accordance with the various development projects. These requests have been reviewed and the following reductions are being recommended for approval: Current Security Amount Proposed Security Amount 1. Inwood PUD 5th Addition: $2,964,127 $1,895,983 Work within each of these developments have progressed in accordance with the respective development agreement and to the extent necessary to support a reduction in the security as detailed in the attached Security Reduction Worksheets. 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 reductions for the Inwood PUD 5th 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 reductions for the Inwood PUD 5th Addition as detailed in the attached Security Reduction Worksheets.” ATTACHMENTS: 1. Security Reduction Worksheet – Inwood PUD 5th Addition. INWOOD 5TH ADDITION October 31, 2018 DEVELOPMENT AGREEMENT AMOUNTS CATEGORY CONSTRUCTION 125% REMARKS #1 #2 #3 #4 #5 #6 Grading NA NA Included in Overall Grading Agreement Sanitary Sewer $356,976 $446,220 $223,110 Watermain $488,479 $610,599 $305,299 Storm Sewer $189,979 $237,474 $118,737 Streets and Sidewalks $673,595 $841,994 $420,997 Trails $10,000 $12,500 Surface Water Facilities $96,890 $121,113 included in Grading Agreement Street Lighting $66,000 $82,500 By Xcel Energy Street Signs and Traffic Control Signs $8,850 $11,063 Private Utilities (electricity, natural gas, telephone, and cable) Landscaping $180,000 $225,000 Tree Preservation and Restoration NA NA Wetland Mitigation and Buffers $2,250 $2,813 Monuments $10,100 $12,625 Erosion Control NA NA included in Grading Agreement Turn Lanes $283,182 $353,978 Record Drawings $5,000 $6,250 TOTALS $2,371,301 $2,964,127 RELEASED AMOUNTS:$1,068,143 $0 $0 $0 $0 $0 CUMMULATIVE AMOUNTS:$1,068,143 SECURITY AMOUNT REMAINING:$1,895,983 DATE:3/6/2018 Time of Performance:  REDUCTIONS STAFF REPORT DATE: 3/6/18 REGULAR ITEM #: 6 MOTION TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Outdoor Lighting Ordinance REVIEWED BY: Ben Prchal, City Planner BACKGROUND: The creation of an outdoor lighting ordinance is an item on the 2018 Planning Commission Work Plan. The Council has expressed concern that the current lighting ordinance is too strict and that there are a number of non-compliant properties. ISSUE BEFORE COUNCIL: The Council is being asked to review other cities’ outdoor lighting ordinance and a proposed draft ordinance and provide feedback. PROPOSAL DETAILS/ANALYSIS: What’s currently in the City Code regarding outdoor lighting? Definitions. Section 11.01: Definitions of the City Code, defines the following: • DIRECT LIGHT. Light emitted directly from a lamp, off a reflector, or through a refractor of a luminaire. • FULL CUTOFF LUMINAIRE. Luminaire that allows no direct light emissions higher than 15 degrees below a horizontal plane through the luminaire’s lowest light-emitting part. • GLARE. Direct light emitted from a luminaire that causes reduced vision or momentary blindness. • ILLUMINANCE. The level of light measured at a surface. • LAMP. The component of a luminaire that produces the light. • LIGHT TRESPASS. Light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located. • LUMEN. A unit of measurement of the light emitted from a source. • LUMINAIRE. The complete lighting system, including the lamp and the fixture. City Council 3/6/2018 Item # Page 2 • PERMANENT OUTDOOR LUMINAIRE. Any luminaire or system of luminaries that is outdoors and that is intended to be used for 7 days or longer. Sections 150.035-150.038 of Chapter 150: General Provisions of Title XV: Land Usage of the Lake Elmo City Code of Ordinances, attached, is analyzed below: • Exterior Lighting Plan. An exterior lighting plan, prepared by a certified architect, landscape architect, or lighting designer, is required at the time any exterior light is installed or modified for projects, an exterior lighting plan shall be submitted to the city. The plan must include: o Where the light is located o Photometric plan for non-residential development o Fixture data sheet for residential lighting Staff Comment: It is common for cities to require a lighting plan for non-residential (including multi-family dwelling) development. It is not common to require this for single and two-family dwellings. • Prohibited Lighting. o Only full cut-off luminaires allowed o No direct or sky-reflected glare (from floodlights or high temperature processes) directed towards other properties o No bare light bulbs. o Light cast cannot exceed one foot candle on to a public street or 4/10 foot candles on to residential properties. Staff Comment: This is generally consistent with surrounding cities except for the provision that bare light bulbs are prohibited. Staff has proposed striking the requirement that bare light bulbs are prohibited and rather that they should not be visible from a public right-of-way • Different Minimum Standards for Lights with Cutoff Angle Greater than and Less Than 90 Degrees. There are different standards for lighting with lighting with two different cutoff angles. Restrictions are greater for lights with cutoff angles greater than 90 degrees, and this is to ensure that no light is emitted above a horizontal plane parallel to the ground. Lights with cutoff angles less than 90 degrees are less strict because the design ensures that its light source will not be directly visible off-site. There are two maximum standards for both types of lights. o Cutoff Angle Greater than 90 Degrees – can be exceeded for radius of 20 feet measured from the center point of a light fixture. Use and District Maximum Permitted Illumination at a Point 6 Feet Above the Ground (In Foot Candles) Maximum Permitted Height All Residential Districts 0.30 15 feet City Council 3/6/2018 Item # Page 3 All Non- Residential Districts 1.50 20 feet o Cutoff Angle Less Than 90 Degrees - can be exceeded for radius of 20 feet measured from the center point of a light fixture. Use and District Maximum Permitted Illumination at a Point 6 Feet Above the Ground (In Foot Candles) Maximum Permitted Height All Residential Districts 1.00 15 feet All Non- Residential Districts 3.00 30 feet Staff Comment: While it is reasonable to require a different height for light poles, it is confusing and cumbersome to require different standards for two different types of lights. Additionally, the focus should be on light pollution caused to adjacent properties, not concern about maximum illumination on a specific property. Staff has proposed striking this from the Code. • Minimum Standards for Lighting on Agricultural Land. When a permanent outdoor luminaire is placed on agricultural land, only Mercury lamps are to be permitted. Staff Comment: This is very limiting and should be stricken from the Code. Mercury lamps are declining in popularity. Staff has proposed striking this from the Code. • No Standards for Temporary Lighting. The City’s current Lighting, Glare Control, and Exterior Lighting Standards ordinance does not make exceptions for any kind of lighting. Some exceptions could include the following: • Ornamental lighting (low voltage light fixtures of 12 volts or less) • Right-of-way lighting • Required lighting (required by the Federal Aviation Administration or other State or Federal Agency) • Temporary lighting (public sporting events, theatrical or performance areas) • Public safety lighting • Holiday lights Other Cities’ Examples. Staff has provided examples and a comparison table to compare Lake Elmo’s Lighting, Glare Control, and Exterior Lighting Standards. A number of cities do not have outdoor lighting standards within their City Code. Staff has presented these examples from cities that do have these standards. City Council 3/6/2018 Item # Page 4 Staff Recommendation, Generally. Staff would recommend that the City adopt a lighting ordinance similar to those of other cities. In general, the City’s lighting ordinance is a bit too cumbersome. Staff would recommend that the City amend its lighting ordinance to be similar to those of comparable cities. The proposed ordinance makes the following amendments to the current ordinance: • Removes requirement that single and two-family dwellings submit a fixture data sheet for residential lighting purposes. • Requires that light cast on any adjacent property (not just residential) not exceed 4/10 foot candles as measured from said property line. • Sets forth height requirements from current ordinance, removing different requirements for lights with a cutoff angle greater than or less 90 degrees (maximum 15 feet in height for light poles on residential properties and 30 feet for non-residential properties). • Sets forth exceptions from requirements for ornamental, right-of-way, temporary, required, and public safety lighting. Planning Commission Review. The Planning Commission reviewed proposed amendments to the City’s Lighting, Glare Control, and Exterior Lighting Standards at its February 26, 2018 meeting. The Planning Commission had suggested one small changes in regards to temporary lighting to remove reference to wattage and volts, as with new technology, this may not affect lumens. The Planning Commission recommended approval of the proposed ordinance amendments 7-0 but expressed their desire that for new lighting to be reviewed with building permits for new construction. FISCAL IMPACT: None. OPTIONS: The Council may: • Adopt Ord. 08-202 as presented. • Specify amendments, deletions or additions to the City’s Lighting, Glare Control, and Exterior Lighting Standards and adopt Ord. 08-202 as amended. • Specify and direct Staff to prepare amendments, deletions or additions to the City’s Lighting, Glare Control, and Exterior Lighting Standards and bring back to a future meeting. • Do not adopt Ord. 08-202, making no amendments to the City’s Lighting, Glare Control, and Exterior Lighting Standards. RECOMMENDATION: Staff and the Planning Commission recommend that Council approve the recommended amendments to the City’s Lighting, Glare Control, and Exterior Lighting Standards. “Move to adopt Ord. 08-202 approving amendments to the City’s Lighting, Glare Control, and Exterior Lighting Standards.” City Council 3/6/2018 Item # Page 5 Additionally, Staff recommends that Council adopt Resolution 2018- authorizing summary publication of Ord. 08-202. “Move to adopt Resolution 2018-022 authorizing summary publication of Ord. 08-202.” ATTACHMENTS: • Other cities’ lighting ordinances comparison and summary table • Draft Ord. 08-202 • Summary Publication Resolution 2018-022 City Requires Lighting Plan Require Full Cutoff Addresses Bare Light Bulbs Lighting on Streets Maximum Illumination on Residential Properties Maximum Illumination on Non-Residential Properties Maximum Light Pole Height Misc Lake Elmo For any project - including residential Yes No bare light bulbs are permitted Not to exceed 1 footcandle Not to exceed 4/10 foot candles at property line (0.3 footcandles for cutoff angles greater than 90 degrees and 1.00 for cutoff angles less than 90 degrees) Not to exceed 1.5 footcandles for cutoff angles greater than 90 degrees and 3.00 footcandles for cutoff angles less than 90 degrees) Residential districts: 15 ft and non-residential districts: 20 ft for cutoff angles greater than 90 degrees and 30 ft for cutoff angles less than 90 degrees Maplewoo d Only for recreational, multiple- dwellling or nonresidential development Does not address full cutoff Does not prohibit bare light bulbs Must be concealed from public street Not to exceed 4/10 foot candles at property line Not to exceed 4/10 foot candles at property line 25 ft Bloom- ington Not required for single and two-family dwellings Yes - 90 degree cutoff needed Requires lenses, deflectors, shields, louvers, or prismatic control devices to be used to eliminate nuisance and hazardous lighting to facilitate compliance with this requirement No limit along public street Not to exceed 5/10 footcandle at property line Not to exceed 1 footcandle Residential districts and non-residential uses within 300 ft of residential districts: 28 ft and office/industrial uses and retail and service oriented uses: 33 ft Have separate standards for signs, flagpoles, building facades, canopy lighting, and parking facilities. Have minimum standards for parking, building entrance and exits, pedstrian access Clearwater No No - but lights must be hooded or controlled in some manner to not direct light into any adjacent property No Not to exceed 0.5 footcandle Not to exceed 5/10 footcandle at property line Not to exceed 5/10 footcandle at property line Not mentioned Royalton For any project - including residential Yes, with exceptions Light source must be fully shielded Lighting must not exceed the Illuminating Engineering Societ of North America (IES) requirements Lighting must not exceed the Illuminating Engineering Societ of North America (IES) requirements Lighting must not exceed the Illuminating Engineering Societ of North America (IES) requirements Luminaires to be no higher than 25 feet uplighting prohibited (except for flags) Ham Lake For certain development - not including residential development Does not have a specific lighting ordinance but restricts lighting emitted from industrial uses to exceed 4 footcandles on residential properties Little Canada For certain development - not including residential development Must be hooded or controlled in some manner to deflect light away Not to be viewable from adjacent property or public right- of-way Not to exceed 1 footcandle Not to exceed 4 footcandles as measured from said property Not to exceed 4 footcandles as measured from residential property Not mentioned Mounds View For certain development - not including residential development Must be hooded or controlled in some manner to deflect light away Not to be viewable from adjacent property or public right- of-way Not to exceed 1 footcandle Not to exceed 4/10 footcandles as measured from said property Not mentioned Not mentioned Rogers City may require submission of a light distribution plan if deemed necessary to ensure compliance No Only approved in conjunction with a site building plan Mitigative measures must be employed to limit glare and spill light Not to exceed 5/10 footcandle at property line Not to exceed 1 footcandle City may limit hours of operationof outdoor lighting if deemed necessary Orono Does not specify Yes - 90 degree cutoff needed No Not to exceed 1 footcandle Not to exceed 4/10 footcandles as measured from said property Not mentioned 30 feet Light source to be setback a minimum of 10 ft from ROW and 5 ft from side or rear lot line, parking lot lights to be turned off one hour after closing 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-202 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING REGULATIONS PERTAINING TO LIGHTING, GLARE CONTROL, AND EXTERIOR LIGHTING STANDARDS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Use; Chapter 150: General Provisions, by amending the following: LIGHTING, GLARE CONTROL, AND EXTERIOR LIGHTING STANDARDS § 150.035 PURPOSE. The purpose of §§ 150.035 et seq. is to promote the public health, safety, and general welfare of the community while protecting motor vehicle operators, pedestrians, and adjacent land uses from glare. regulate the spillover of light and glare on rural areas of the community, pedestrians, and land uses in the proximity of the light source to evaluate the impact of light source on the safety of adjacent traffic. (1997 Code, § 1350.01) (Am. Ord. 97-17, passed 9-16-1997) § 150.036 EXTERIOR LIGHTING PLAN. (A) (1) Except for single and two-family dwellings, At the time any exterior light is installed or modified for projects, an exterior lighting plan shall be submitted to the city in order to determine whether the purpose and requirements of §§ 150.035 et seq. have been met prior to installation or modification of exterior lighting. (2) This plan will be prepared by a certified architect, landscape architect, or lighting designer. (B) (1) The applicant must provide a plan that identifies the location, size, and type of luminaire, and show how the applicant intends to comply with §§ 150.035 et seq. (2) A photometric plan of the site and fixture data sheet must be submitted with a site plan for office, commercial, or any type of industrial project in order to determine the effect of the luminaire on surrounding properties. (3) The applicant shall provide the fixture data sheet for residential lighting proposals. (1997 Code, § 1350.03) (Am. Ord. 97-17, passed 9-16-1997) Penalty, see § 10.99 § 150.037 PROHIBITED LIGHTING. (A) Public roadway or street. No lights shall be placed in view of any public roadway or street so that its beams or rays are directed at any portion of the roadway when light is of the brilliance and so positioned as to impair the vision of the driver of any motor vehicle. (B) Luminaires. 2 (1) Except for "full cutoff luminaries" as defined in §§ 150.035 et seq., no luminaires are allowed which do not meet the standards outlined in §§ 150.035 et seq. (2) See illustration below. (CB) Lighting in all zoning districts. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, shall be directed into any adjoining property. (DC) Bare light bulbs. Bare light bulbs shall not be permitted in view of adjacent property or public right-of-way. (ED) Light cast. No light or combination of lights, which cast light on a public street, shall exceed 1 foot-candle. Meter reading as measured from the centerline of the street, nor shall any light or combination of lights, which cast light on an adjacent residential property, exceed 4/10 foot-candles as measured from said property line. (E) Maximum Height. The maximum permitted height for any light pole, as measured from at grade from the base of the pole to the top of the luminaire, shall be 15 feet in all residential districts and 30 feet in all non-residential districts. (F) Exceptions. The requirements of § 150.035 et seq. do not apply to the following types of exterior lighting: (1) Ornamental lighting. Ornamental landscape lighting fixtures, and solar operated light fixtures having self-contained rechargeable batterieis, or any other ornamental lighting where any single light fixture does not exceed 200 initial light output lumens; (2) Right-of-way lighting. Public lighting located within and intended for the right-of- way; (3) Temporary lighting. Temporary lighting for public events (including but not limited to public sporting events, theatrical, television or performance areas) with an approved special event permit or held by the City; (4) Required lighting. Lighting required by the Federal Aviation Administration or other State and Federal Agency; and (5) Public safety lighting. Temporary lighting for police, fire or public safety construction and repair personnel. (1997 Code, § 1350.04) (Am. Ord. 97-17, passed 9-16-1997) Penalty, see § 10.99 § 150.038 MINIMUM STANDARDS. (A) Minimum standards for lighting with a total cutoff angle of greater than 90 degrees. (1) When a luminaire has a total cutoff of an angle greater than 90 degrees (see illustration below), the maximum illumination and the maximum permitted luminaire height is designated below. This standard is designed to ensure that no light is emitted above a horizontal plane parallel to the ground. In order to achieve a total cutoff at 90 degrees, the luminaire will emit maximum (peak) candle power at an angle not exceeding 75 degrees. This angel is formed by the line at which maximum candlepower is emitted for the light source and a line perpendicular to the ground from the light source. 3 (2) Illumination may exceed the stated maximums for a radius of 20 feet measured from the center point of the light fixture, but shall not exceed those maximums beyond the exterior property line of the site upon which the fixture is located. (Am. Ord. 97-104, passed 3-19-2002) Use and District Maximum Permitted Illumination at a Point 6 Feet Above the Ground (In Foot Candles) Maximum Permitted Height All Residential Districts 0.30 15 feet All Non-Residential Districts 1.50 20 feet (B) Minimum standards for lighting with a total cutoff angle of less than 90 degrees. (1) When a luminaire has a total cutoff of light at an angle less than 90 degrees and is located so that the bare light bulb, lamp, or light source is completely shielded from the direct view of an observer 5 feet above the ground at the point where the cutoff angle intersects the ground, the maximum permitted illumination and the maximum permitted height is illustrated below. This type of light fixture may be taller and provide greater illumination at the property line than the 1 specified above, because the design of this fixture ensures that its light source will not be directly visible off-site. (2) Illumination may exceed the stated maximums for a radius of 20 feet measured from the center point of the light fixture, but shall not exceed those maximums beyond the exterior property line of the site upon which the fixture is located. (Am. Ord. 97-104, passed 3-19-2002) Use and District Maximum Permitted Illumination at a Point 6 Feet Above the Ground (In Foot Candles) Maximum Permitted Height All Residential Districts 1.00 15 feet All Non-Residential Districts 3.00 30 feet (C) Minimum standards for lighting on agricultural lands. When a permanent outdoor luminaire is placed on agricultural land, only Mercury lamps shall be permitted. (D) Attachments. Attachment entitled "Good Neighbor Outdoor Lighting" is on file in the Building Official's office, and can be found in Appendix A of this code. This is the guide to be used for residential lighting. (1997 Code, § 1350.05) (Am. Ord. 97-17, passed 9-16-1997) Penalty, see § 10.99 4 SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 08-202 was adopted on this ______ day of ___ 2018, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL _________________________________ Mike Pearson, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance 08-202 was published on the ____ day of ___________________, 2018. Resolution 2018-022 Page 1 of 2 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2018-022 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-202 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-202, an ordinance replacing the administrative provisions of the City’s Zoning Code; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-202 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-202, which replaces the administrative provisions of the City’s Zoning Code. The revised ordinance includes the following components: • Exempts single and two family dwellings from having to provide a lighting plan to the City prior to installation or modification of exterior lighting. • Removes varying minimum standards for lighting with a total cutoff angle greater than 90 degrees and lighting with a total cutoff angle less than 90 degrees. • Removes the requirement that only mercury lamps are permitted as exterior lighting on agricultural land. • Makes the following exceptions to exterior lighting standards: ornamental lighting, right- of-way lighting, temporary lighting, required lighting, and public safety lighting. The full text of Ordinance No. 08-202 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: March 6, 2018 Resolution 2018-022 Page 2 of 2 ___________________________________ Mayor Mike Pearson ATTEST: ____________________________________ Julie Johnson, City Clerk (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member _____________________ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted.