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.