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HomeMy WebLinkAbout01-20-2009 Council packetE 1._67-7 City of Lake Elmo 3800 Laverne Avenue North January 20, 2009 7:00 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston DeLapp Emmons Park Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings so everyone attending the meeting or watching the meeting understands how the City Council does its public business.) F; GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G. APPROVE MINUTES: I. January 6, 2009 H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes, Annual Firefighters Relief Association Raffle Drawing — Capt. Brad Winkels . CONSENT AGENDA: (Items are placed on the consent agenda by city staff and the Mayor because they are not anticipated to generate discussion. Items may be removed at City Council's request.) 2. Approve payment of disbursements and payroll 3. Adopt 2009 fee schedule 4. Consider authorization to apply for the MnDOT Community Roadside Landscaping Partnership Program, Resolution no. 2009-002 5. Approve contract with Washington County for 800 MHz 6. Request support of the 34th Red Bull Infantry Division & Stillwater based 34th Military Police Company on its deployment to Iraq; Resolution no, 2009-004 GULAR AGENDA: 7. Variance and lot line adjustment for 8186 and 8190 Hill Trail N.; Resolution no. 2009-003 8. Review work plan for wireless telecommunications tower ordinance update 9:—Review financing options for StreetCapital Improvement-Program-(CIP)-and- authorization to proceed on the 2009 street improvements feasibility report 10. Proposal by Urban Land Institute for City's Participation in Community Research Project K. REPORTS AND ANNOUNCEMENTS: Mayor and City Council Administrator Li UPCOMING DATES OF NOTE: • January 27th workshop; 5:30 p.m. — Interview candidates for Planning Commission; 7:00 p.m. Telecommunications tower discussion, if needed M.. Adjourn City of Lake Elmo City Council Minutes January 6, 2009 Mayor Johnston called the meeting to order at 7:00 p,m. Present: Mayor Johnston and Council Members DeLapp, Johnson, Park and Smith Also present: Planning Director Klatt, City Attorney Filla, City Engineer Griffin, Finance Director Bouthilet, City Administrator Dawson and City Clerk Lumby APPROVED MINUTES: The December 9, 2009 City Council minutes were approved by,consensus, OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL: The City Clerk administered the Oath of Office tothe newly elected members of Council, Mayor Johnston, Council Members Brett EmmoilS-\ and Anne Smith Adjourned at 710 p.m, • City of Lake Elmo City Council Minutes January 6, 2009 Mayor Johnston called the meeting to order at 7:15 p.m. Present: Mayor Johnston and Council Members DeLapp, Emmons, Park and Smith Also present: Planning Director Klatt, City Attorney Filla, City Engineer Griffin, Finance Director Bouthilet, City Administrator Dawson and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member DeLapp moved to approve the ,Ianiiary 6, 2009 City Council agenda. Council Member Smith second the motion, The motion passed unanimously. ORDER OF BUSINESS: GROUND RULES: APPROVED MINUTES: None PUBLIC COMMENTS \INQUIRIES: Recognition of outgoing Council Member The City Council presented 'a to outgoing Council Member Liz Johnson thanking her for dedicatedserVice'lto the city.' CONSENT AGENDA: Approve payment ofdisbursements in the amount of $273,902,14 Announce Apri1:29,2009, between hours of 5 and 7 p.m., for 2009 Board of Appeal and Equalization Meeting Authorize hiring Kevin Kuperschmidt as a temporary seasonal public works employee for the skating rink at pay rate of $9.25/Hour Approve the Liability coverage -waiver form stating the City does not waive the monetary limits on municipal tort liability Authorize signature for payments of funds from the Lake Elmo Bank; Resolution no. 2009-001 Adopt 2009 calendar of City Council meetings and workshops Approve issuance of RFQ for Income Determination Consultant to utilize CDBG for gas line replacement project in Cimarron LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2009 REGULAR AGENDA: Organizational Meeting: Election of Acting Mayor The City Council was asked to select an Acting Mayor on the City's behalf if Mayor Johnston is unable to attend a meeting, sign an agreement or attend functions on behalf of the City. Council Member Park nominated Council Member Smith for the Acting Mayor position and Mayor Johnston second that motion. Council Member DeLapp nominated himself for the position and received a second from Council member Emmons but later withdrew his nomination. Mayor Johnston closed the nominations. MOTION: Council Member Park moved to approve Council Member Smith as Acting Mayor for 2009, Mayor Johnston second the MOi1011: The motion passed unanimously. Designate an official newspaper The City Council was asked to designate *'Offittal ,newsp4per, Five newspapers were ..„.,•, potential candidates for this: the Lake ElmO.-Leader,-AheStillwater Gazette, the Oakdale Lake Elmo Review, the St. Croix Valley Press arid the St. Paul Pioneer Press. The Lake Elmo Leader has been the official designated Paper for the last six years. Council member Smith recdinixieridetilhe Lake:Elmo Leader which has specific focus on City events, more community news and has more paying subscribers. Council MembqiDeLapp reconirnended the Oakdale Lake Elmo Review because it charges less forlegal notices and reaches more Lake Elmo residents according to the unpaid circulation figUres. MOTION: Council MemberDeLapp moved to designate the Oakdale Lake Elnw Review as the official newspaper and designate the St. Paul Pioneer Press as a back up on an as needed basis. Council Member Emmons second the motion. The motion passed 3- 2:Smith, Park voting against. Appointment of Depositories for 2009 The City Council was asked to designate official depositories for 2009, Staff recommended the Lake Elmo Bank, Wachovia Securities, Smith Barney Citigroup and Northland Securities. LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2009 2 MOTION: Council Member DeLapp moved to designate Lake Elmo Bank, Wachovia Securities, Smith Barney Citigroup and Northland Securities for the 2009 Depositories. Council Member Park second the motion, The motion passed unanimously. Appointment of City Engineer The City Council was asked to appoint city engineer, Jack Griffin of TKDA, to provide professional engineering advice, MOTION: Council Member DeLapp moved to appoint Jack Griffin of TKDA as the City engineer. Council Member Park second the motion. The motion passed unanimously, Appointment of City Attorney The City Council considered appointment of city attorney (civil and criminal) Jerry Filla of Peterson, Fram and Bergman to serve the City with professional legal advice, City Attorney Jerry Filla had written a letter to the Council, dated December 31, 2008, indicating that he believed that he no longer had thel-till support of theCouncil, and would be willing to continue to represent the CitHricivillriatters until a replacement is appointed. Filla would like to continue as the CitY'S,.prosecuting attorney. Mayor Johnston recommended Peterson, iTam:andBerginan.as the City's attorney for criminal prosecution, but that the City seek-a-.differentihni to represent the City's civil work: He related several areas of concern regarding the way matters had not been addressed to his expectations.,Fle -said he woUld,prefer to work with an attorney who would take a more proa.ctivOarid comprehensive approach when it came to a hostile working environment in C. hall- MOTION: Council,11/lembe-DeLaPp.moved to appoint Jerry Filla of Peterson, Frain and Bergman as the,criMinal cityattorneyand as the civil attorney for 90 days and direct staff to submit artAFP for a civil city attorney. Council Member Park second the motion, The Motion passed 4-0: Emmons abstained from voting on the motion. Consider adoption of a moratorium on the construction or alteration of new or existing wireless telecommunication towers. Planning Director Kyle Klatt reported the City Council was being asked to consider adoption of a moratorium that would prohibit the construction or alteration of new or existing wireless telecommunication towers for a period of 12 months, The moratorium would not apply to the present 1-Mobile application for 9057 Lake Jane Road since the City can not legally apply the moratorium retroactively for the existing land use request. The intent of the proposed moratorium is to provide the City with time to address changes in the telecommunications industry that may have an effect on the viable locations for new towers within the community, LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2009 Council member DeLapp asked for specific tasks completed by specific times. Jim Blackford, 9765 45th Street, asked why the City couldn't turn down the T-Mobile request and then spend the moratorium time reviewing the ordinance making the requirements more acceptable to residents. Mayor Johnston and Council Member Smith stated the company has met the City's entire ordinance requirements as they stand so the Council's decision needs to be formed based on requirements. MOTION: Council Member Park moved to adopt Ordinance No. 08-012 establishing a moratorium on the construction or alteration of new or existing wireless telecommunication towers. Council Member Emmons second the motion. The motion passed unanimously. Engineering Status Report — A Report on the status of active engineering activities and the 2009 engineering program goals and objectives, City Engineer Jack Griffin presented an update on,lho'2009..general engineering activities and active development projects, and discussed the,status-Of active engineering infrastructure projects and planning activities. Griffin_outlined the proposed engineering projects, such as the City's water system especially digging a new well, work on the sanitary sewer system, a storm water manageffient, system and review its street management system, that have been included in the 2009 adopted budget and the draft Capital Improvement Program. The City Engineer was askedjo look.afthe-level of the ponds in Farms of Lake Ehno and possible landscaping to screen the septic building that can be seen by residents on Janero Avenue The City EnginFr Will come back to the Council on January 20th with financing options for the street caPital improvement program. REPORTS AND ANNOUNCEMENTS: Mayor and Council Members Discussion on proposed workshop on telecommunications tower. Planning Director Kyle Klatt provided an update on the viability of the City landfill site as an alternative for a cell tower. He recommended a workshop to review and discuss additional information related to the application for a wireless telecommunications tower that had been proposed for 9057 Lake Jane Trail. T-mobile representatives and interested residents will be invited to attend the January 13th workshop at 6:30 p.m. LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2009 4 MOTION: Council Member Smith moved to schedule a workshop for January 13th to discuss tower design alternatives, the viability of the City landfill site for tower location, review other sites that T-mobile have found available in the quadrant as well as the tower permit application that has been submitted to the City and the moratorium, A January 27th workshop will be scheduled i f needed, Council Member DeLapp second the motion, The motion passed unanimously. The meeting was adjourned at 9:26 p.m. Respectfully submitted by Sharon Lumby, City Clerk LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2009 5 City Council Date: 01/20/2009 CONSENT Item: 2 ITEM: Approve disbursements in the amount of $458,369.53 SUBMITTED BY: Tom Bouthilet, Finance Director Claim # ACH ACH DD1998-DD2028 33714-33729 33730-33794 Amount $ 10,207.29 $ 1,263.82 $ 39,463.34 $ 23 ,416.79 $ 384,018.29 Total: 458,369.53 Description Payroll Taxes to IRS 01/15/09 Payroll Taxes to Mn Dept. of Revenue 01/15/09 Payroll Dated 01/15/2009 (Direct Deposit) Payroll Dated 01/15/2009 (Payroll & Benefits) Accounts Payable Dated 01/20/2009 SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve disbursements in the amount of $ 458,369.53 Accounts Payable Checks for Approval User: julie Printed: 01/15/2009 - 1 I :53 AM Check Number Check Date Fund Name 33768 01/20/2009 General Fund 33789 01/20/2009 Sewer 33781 01/2072009 General Fund 33790 01/20/2009 General Fund 33788 01/20/2009 General Fund 33793 01/20/2009 General Fund 33793 01/20/2009 General Fund 33742 01/20/2009 General Fund 33782 01/20/2009 General Fund 33759 (11/20/2009 General Fund 33759 01/20/2009 General Fund 33759 01/20/2009 General Fund 33762 01/20/2009 General Fund 33762 01/20/2009 General Fund 33780 01/20/2009 General Fund 33752 01/20/2009 General Fund 33732 01/20/2009 Capital Aquisitions 33767 01/20/2009 General Fund 33767 01/20/2009 General Fund 33753 01/20/2009 General Fund 33753 01/20/2009 General Fund 33747 01/20/2009 General Fund 33747 01/20/2009 General Fund 33784 01/20/7.009 General Fund 33738 0 I /20/2009 General Fund 33765 01/20/2009 Capital Aquisitions 33765 01/20/2009 General Fund 33765 01/20/2009 General Fund 33786 01/20/2009 General Fund 33786 01/20/2009 General Fund 33785 01/20/2009 General Fund 33785 01/20/2009 General Fund 33760 01/20/2009 General Fund Account Name Electric Utility Sewer Utility - Met Council Software Support Dues & Subscriptions Dues & Subscriptions Cable Operation Expense Use Tax Payable Dues & Subscriptions Miscellaneous Repairs/Maint Contractual 131dg Rcpairs/Maitat Contractual Bldg Use Tax PayalA Dues & Subscriptions Dues & Subscriptions Small Tools & Minor Equipment Dues & Subscriptions Heavy Machinery 13ooks Books Cable Operation Expense Use Tax Payable Fuel, Oil and Fluids Fuel, Oil and Fluids Dues & Subscriptions Dues & Subscriptions Office Equipment & Furnishings Conferences & Training Conferences & Training Repairs/Maint Contractual B1dg Small Tools & Minor Equipment Repairs/Maint Contractual Eqpt Use Tax Payable Office Supplies Vendor Name Xcel Energy Metropolitan Council City of Roseville MSFDA Metro Fire Officers Assn Steven Press Steven Press DEPT of LABOR & INDUSTRY Compensation Consultants, Ltd Diane Rud Diane Rud Diane Rud Sensible Land Use Coalition Sensible Land Use Coalition Michael Bouthilet MN Dept Economic Security Aspen Equipment Co. Washington County Surveyor Washington County Surveyor Nicholas Anderson Nicholas Anderson Lake Elmo Oil, Lake Elmo Oil, Inc. ILIAC Capitol City VISA VISA VISA Menards - Oakdale Menards - Oakdale LOFFLER LOFFLER Sam's Club AP - Checks for Approval (01/15/2009 - 11:53 AM) Page 1 Amount 356.70 1,068.66 1,380.83 216.00 100.00 62.71 -3.83 20.00 40.00 340.80 255.60 -36.40 75.00 75.00 497.62 1,222.39 1,475.49 16.51 16.51 58.58 -3.58 1,014.13 1,616.25 125.00 50.00 652.81 45.00 35.00 26.24 93.55 43.24 -2.64 171.31 Check Number Cheek Date Fund Name Account Name 33760 01/20/2009 33757 01/20/2009 33757 01/20/2009 33758 01/20/2009 33731 01/20/2009 33731 01/20/2009 33747 01/20/2009 33746 01/20/2009 33744 01/20/2009 33757 01/20/2009 33739 01/20/2009 33740 01/20/2009 33748 01/20/2009 33748 01/20/2009 33748 01/20/2009 33748 01/20/2009 33737 01/20/2009 33734 01/20/2009 33794 01/20/2009 33794 01/20/2009 33751 01/20/2009 33751 01/20/2009 33751 01/20/2009 33751 01/20/2009 33791 01/20/2009 33791 01/20/2009 33743 01/20/2009 33747 01/20/2009 33747 01/20/2009 33747 01/20/2009 33768 01/20/2009 33768 01/20/2009 33768 01/20/2009 33768 01/20/2009 33768 01/20/2009 33768 01/20/2009 33768 01/20/2009 33768 01/20/2009 33768 01/20/2009 33768 01a0/2009 33768 01/20/2009 33768 01/20/2009 33768 01/20/2009 33768 01/20/2009 33768 01/20/2009 General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund 2001 GO improvement Bond 2001 GO Improvement Bond Capital Aquisitions Capita] Aquisitions Capital Aquisitions General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Sewer General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Sewer General Fund General Fund General Fund AP - Checks for Approval ( 01115/2009 - 11:53 AM ) Miscellaneous Legal Publishing Legal Publishing Printed Forms Dues & Subscriptions Dues & Subscriptions Fuel, Oil and Fluids Assessing Services Dues & Subscriptions Miscellaneous Equipmerrt Parts Sand/Salt Refuse Refuse Refuse Refuse Legal Services Shop Materials Band Principal Band Interest Other Equipment Other Equipment Other Equipment Equipment Parts Shop Materials Small Tools & Minor Equipment Repairs/Maint Contractual Eqpt Fuel, Oil and Fluids Fuel, Oil and Fluids Fuel, Oil and Fluids Electric Utility Electric Utility Street Lighting Electric Utility Electric Utility Electric Utility Electric Utility Electric Utility Street Lighting Street Lighting Electric Utility Electric Utility Electric Utility Street Lighting Street Lighting Vendor Name Sam's Club RiverTown Newspaper Group RiverTown Newspaper Group Rogers Printing Services Arnerican Planning Association American Planning Association Lake Elmo Oil, Inc. FXL, WASHINGTON COUNTY FIRE CHIEF RiverTown Newspaper Group Car Quest Auto Parts Cargill incorporated Maroney's Sanitation, Inc Maroney's Sanitation, Inc Maroney's Sanitation, Inc Maroney's Sanitation, Inc Campbell Knutson PA Batteries Plus Woodbury US Bank Trust N.A. US Bank Trust NA. Metro Fire Metro Fire Metro Fire Metro Fire Northern Tool & Equipment Co. Northern Tool & Equipment Co. Emergency Apparatus Maint. Lake Elmo Oil, Inc. Lake Elmo Oil, Inc, Lake Elmo Oil, Inc. Xcel Energy Xcel Energy Xce1 Energy Xcel Energy Xcel Energy Xcel Energy Xce1 Energy Xcel E'nergy Xcel Energy Xcel Energy Xcel Energy Xcel Energy Keel Energy Xcel Energy Xcel Energy Amount [8.28 161.00 127.50 95.85 70.00 50.00 27.00 15,481_75 50.00 14.75 104.83 6.958,30 103.09 45.37 197.77 142.21 933.75 12.14 55,000.00 13,427.50 3,142.16 341.12 72.61 270.30 15.60 84.29 1,083.17 26.00 23.75 26.50 230.92 66.24 31.83 1,557,50 2,695.79 8.52 520.02 8.52 2,894.48 43.09 277.45 18.61 948.04 3,609.43 28.42 Page 2 Check Number Check Date Fund Name Account Name 33768 01/20/2009 33768 01/20/2009 33768 01/20/2009 33768 01/20/2009 33764 01/20/2009 33756 01/20/2009 33756 01/20/2009 33745 01/20/2009 33766 01/20/2009 33736 01/20/2009 33779 01/20/2009 33779 01/20/2009 33779 01/20/2009 33783 01/20/2009 33783 01/20/2009 33730 01120/2009 33730 01/20/2009 33754 01/20/2009 33754 01/20/2009 33750 01/20/2009 33750 01/20/2009 33750 01/20/2009 33750 01/20/2009 33750 01/20/2009 33750 01/20/2009 33750 01/20/2009 33749 01/20/2009 33787 01/20/2009 33755 01/20/2009 33749 01/20/2009 33749 01(20/2009 33749 01/20/2009 33733 01/20/2009 33749 01/20/2009 33747 01/20/2009 33747 01/20/2009 33747 01/20/2009 33747 01/20/2009 33747 01/20/2009 33747 01/20/2009 33747 01/20/2009 33747 01/20/2009 33763 01/20/2009 33792 01/20/2009 33792 01/20/2009 General F.1111 d General Fund Water General Fund Water General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Capital Aquisitions Capital Aquisitions General Fund General Fund General Fund Capital Aquisitions Capital Aquisitions General Fund Capital Aquisitions General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund 2004 GO Cli' Bond 2004 GO CIP Bond Electric Utility Electric Utility Electric Utility Street Lighting Utility System Maintenance Conferences & Training Conferences & Training Repairs/Maint Contractual Eqpt Contract Services Contract Services Repairs/Maint Contractual Bldg Repairs/Maint Contractual Bldg Uniforms Telephone Telephone Buildines and Structures Buildings and Structures Sand/Salt Use Tax Payable Miscellaneous Buildings and Structures Buildings and Structures Repairs/Maint Contractual Eqpt Buildings and Structures Miscellaneous Miscellaneous Repairs/Maint Contractual Bldg Repairs/Maint Contractual Bldg Contract Services Repairs/Maint Contractual Bldg Repairs/Maint Contractual Bldg Repairs/Maint Contractual 131dg Repairs/Maint Contractual Eqpt Repairs/Maint Contractual Eqpt Fuel, Oil and Fluids Fuel, Oil and Fluids Fuel, Oil and Fluids Fuel, Oil and Fluids Fuel, Oil and Fluids Fuel, Oil and Fluids Fuel, Oil and Fluids Fuel, Oil and Fluids Shop Materials Bond Principal Bond Interest Vendor Name Xcel Energy Xcel Energy Xcel Energy Xcel Energy Twin City Water Clinic, Inc. Fire instruction & Rescue Education Inc Fire instruction & Rescue Education Inc Fire Equipment Specialties Washington County Buelow Excavating Aramark Aramark Aramark CP Telecom CP Telecom Allied Electrical Contractors Allied Electrical Contractors North American Salt Company North American Salt Company Menards - Stillwater Menards - Stillwater Menards - Stillwater Menards - Stillwater Menards - Stillwater Menards Stillwater Menards - Stillwater Menards - Oakdale Menards Stillwater Gopher State One -Call One Call Concept Menards - Oakdale Menards - Oakdale Menards Oakdale Aspen Mills, Inc. Menards - Oakdale Lake Elmo Oil, Inc. Lake Elmo Oil, Inc. Lake Elmo Oil, Inc. Lake Elmo Oil, Inc. Lake Elmo Oil, Inc. Lake Elmo Oil, Inc. Lake Elmo Oil, Inc. Lake Elmo Oil, Inc. Tri-State Bobcat Northland Trust Services, Inc. Northland Trust Services. Inc. Amount 45.98 3,371.19 226.33 9.78 65.00 270.00 190.00 159.09 4;234.06 3,776.25 26.44 21,85 34.36 532.11 44932 2,380.00 1,294.00 11,205.13 -683_88 15.93 1,138.82 -351.56 10.42 218.79 55.92 11.08 53.65 11.18 40.60 7.81 -4.57 3:14 10.68 6.23 24.00 29,00 22.92 60.92 39,51 25.01 22.00 77.62 31.52 160,000.00 72,306.25 AP - Checks for Approval (01/15/2009 - 11:53 AM) Page 3 Check Number Cheek Date Fund Name Account Name Vendor Name Amount 33741 01/20/2009 General Fund Travel Expense Dean Johnston 209.43 33735 01/20/2009 Water Water Sales Tim Beres 122.28 33761 01/20/2009 General Fund Office Supplies Schwaab, Inc. 62.77 Total for this Date: 384,018.29 Report Total: 384,018,29 AP - Checks for Approval ( 01/15/2009 - 11:53 AM) Page 4 City Council Date: 81/20/00 CONSENT Item: 3 ITEM: 2009 Fee Schedule SUBMITTED BY: Tom Bouthilet, Finance Director REVIEWED BY: Craig Dawson, Interim City Administrator ���� �'��� �� ���' �"� ' '� . SUK8�ARYANDA�TONRBJUESTEO�TheCUwCou�����ngaehedhomano�e ad�pbng ordinance no, 08-013. approving the 2O0Sfee schedule, The Fee schedule represents charge for services and are based on the City's time & expenditures for providing designated services, A majority of the fees increased in a range from 3% - 8%. The fee schedule also reflects a 5% increase in the water rates; however, it should be noted that the City has authorized a water rate study be conducted which may result in an amendment to the water rates, This amendment may also include a change to our billing method to account for the 2010 State required conservation rate structure. The Sewer Availability Charge (SAC) was adjusted to compensate for the increase incharges from the Metropolitan Council. Please note the 2OOQFee Schedule also reflects several new charge categories related bzsign permits, accessory structures, Interim Use Permit and Wind Generator, The fees proposed were anticipated (nrevenues for the 2OOgBudget, MOTION FOR CONSIDERATION, Move to adopt Ordinance No. 08-04 approving the2009 fee ATTACHMENT: Ordinance No. O8-013 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 08-013 AN ORDINANCE SETTING MUNICIPAL FEES FOR CALENDAR YEAR 2009 The Lake Elmo City Council hereby adopts the following fee schedule for calendar year 2009 and directs that it be added to the. Lake Elmo Municipal Code as Appendix A. Appendix A — 2009 Fee Schedule ADOPTION DATE: Passed by the Lake Elmo City Council on the 20th day of January, 2009. CITY OF LAKE ELMO By: Dean Johnston Its: Mayor ATTEST: Craig W. Dawson Its: City Administrator EFFECTIVE DATE: This Ordinance shall be effective the day of , 2009. PUBLICATION DATE: Published on the day of , 2009. Appen aux w 2009 Fee Schedule Development, Service, Building, Etc. Accessory Bldg Forward of Primary Structure Amateur Radio Antenna Appeal (to Board of Adjustrnent and Appeals) Assessment Search Building Demolition First 1000 Square Feet Each Additional 1000 sq feet or portion thereof Burning Permits Residential Commercial Cornprehensive Plan Amendment Conditional Use Permit (CUP) <new or amended> CONTRACTOR LICENSE FEES Blacktopping Excavator License Heating and A/C Sign Installer Solid Waste Hauler Tree Contract COPY SERVICES Copies Copies - Color City Map - colored City Street Maps 36 X 40 Comprehensive Plan Maps 24 X36 Development Standards Specification & Details Uri/Plan Map Parks & Trails 8 1/2 X 11 Topography, .Aerials Digital & Custotn Water/Sewer Utility 36 X 40 Code Book Sections 1, 2, 4, 6-12, 14 Section 3 Section 5 and 13 Comprehensive Plan OP Ordinance Parks Plan Plan Sheets Record Drawings 11 X 17 Record Drawings 22 X 34 & 24 x 36 Record Drawings Digital Culverts in Developments with Rural Section Dog License Service Dogs License (dogs with special training to -assist individual with diasabilities) Unlicensed dog (first impound) Licensed dog (first impound) Cat Impound (first impound) Subsequent dog/cat impound Duplicate License or Tag • Driveway Residential Commercial Excavating and Grading Fee 2008 Proposed 2009 New $825.00 $75.00 $20.00 $100.00 $10.00 $35.00 $70.00 $1,250.00 $975.00 $60.00 $60.00 $60.00 $50.00 $110.00 $60.00 $0.25 New $3.00 New New New New New New New $150,00 $10.00 $50.00 $25.00 $100.00 $10.00 $75.00 New New New $150.00 $15.00 $5.00 $50,00 $25.00 $25.00 $75.00 $1.00 $50.00 $15000 $100.00 $75.00 $850.00 $80.00 $21.00 $103,00 $10,50 $40,00 $75.00 $1,300.00 $1,000.00 $65.00 $65.00 $65.00 $55.00 $115.00 $65.00 $0.30 $0.40 $3.10 $15.00 $15,00 $50.00 $2.00 $5.00 $65.00 $15.00 $160.00 $12.00 $52.00 $27.00 $105.00 $12.00 $80.00 $3.00 $5.00 $65.00 $155,00 $16.00 $5.00 $60.00 $42.00 $42.00 $80.00 $1.00 $0.80 $55.00 $155.00 $105.00 Escrow or Additional Charge Plus .50 Surcharge Plus .50 Surcharge Per Hour Rate (provided on disk) Per Hour Rate (provided on tlisk) Renew on expiration of rabies vaccination Plus Boarding Fee-18.00/Day Plus Boarding Fee-L8.00/Day Plus Boarding Fce-18.00/Day Plus Boarding Fee-18.00/Day Plus .50 Surcharge Plus .50 Surcharge Erosion Control Bond, Escrow, or Letter of Credit: 1500.00 per *.IT. lApperiaix Developunent, Service, Building, Etc. False Alatm 1 to 3 False alarms In excess of 3 up to and including 6 false alarms within a twelve (12) month period Residential Commercial In excess of six false alarms within a twelve (12) month period Residential Commercial Fire Annual Daycare inspection Fee Fie Alarm Systems Fire Sprinlder System (Inspection Pee) Flood Plain Management Permit Fuel Tank Removal (Undergrotuid) Heating New Residential Addition to Residential Commercial (New or Addition) Interim Use Permit (IUP) _Lawn Sprinklers Liquor Club On Sale Intoxicating Off Sale Intoxicating Off -Sale Non -Intoxicating Ott -Sale Intoxicating On -Sale Investigation On -Sale Non -Intoxicating On -Sale Sunday intoxicating Temporary Non -Intoxicating Witte Lot Line Adjustment Manufactured Home Parks New Move ltotne out of City Move into City Minor Subdivision Moving House or Primary Structure into City Moving Accessory Structure into City New Construction Phut Review Park Dedication (up to 3 lots) Pairking Lots New Commercial Existing Commercial Platting Concept (PUD or OP) Preliminary Plat (and Development Stage) Final Plat (and Final Platt) Plumbing New Residential Addition to Residential Commercialor Addition) Private Roads (perintted only in AG zone Restrictive Soils and Wetland Restoration Protection and Preservation Permit Fee 2008 No Charge $100,00 $300.00 $175.00 $500,00 $50.00 $50.00 $100.00 $750.00 $50,00 $125.00 $50.00 Minimum 150.00 or one percent of total New $110.00 $100.00 per year $200,00 per year $150.00 per year $2000,00 per year $350.00 $100.00 per year $200.00 per year $25.00 per event $300.00 per year $300.00 $1,000.-00 $30.00 $100,00 $950.00 $500.00 New Proposed 2009 $105.00 $310.00 $180.00 $515.00 $55,00 $55.00 $105.00 $775.00 $55.00 $130.00 $55.00 1000 $115.00 $100.00 per year $200.00 per year $150.00 per year $2000.00 per year $350,00 $100.00 per year $200.00 per year $25.00 per event $300.00 per year $310.00 $1,050.00 $55.00 $105.00 $980.00 $515.00 $300.00 Per 1997 UBC 03% Per 1997 UBC (65% $3500.00 for each $3600.00 for each $150.00 $75.00 $1,185.00 $1,750.00 $1,185.00 $125.00 $50.00 Minimum $150.00 or 1% of total job $100.00 $750.00 $155.00 $80.00 $1,220.00 $1,810.00 $1,220.00 $130.00 $55.00 Minimum $155.00 or 1% of total job $105.00 $775.00 Escrow or Additional Charge Plus .50 Surcharge Plus 1% of Value Plus 1500.00 escrow Plus .50 Surcharge Plus .50 Surcharge Plus .50 Surcharge Plus .50 Surcharge Phu .50 Surcharge Plus 2500,00 Escrow Plus .50 Surcharge Plus .50 Surcharge Plus bond with amount to be determined by City w/recommendation from Building Official Plus Escrow to be determined by the City w/recommendation front Building Official Four or more lots per Section 400 Formula Plus .50 Surcharge Plus .50 Surcharge Plus 2.5^4 Administrative Fee Development Agreement Plus .50 Surcharge Plus .50 Surcharge Plus .50 Surcharge Plus .50 Surcharge 1500.00 escrow Appendix A Development, Service, Building, Etc. Right -of -Way Permits Annual Registration (1415.05 Sub t1,1) Excavation (1415.11 Subd. 1) Each Additional Excavation 'French Fee (boring or open cut) Overhead Installation Fee New Subdivisions (Alternate to per foot fee) Street Obstruction Fee (1415.11 (Sub 2.) Permit Extension Delay Penalty Sewage Disposal On -Site Septic Systems New Alterations or Repairs Sewer Availability Charge (SAC) Sewer Wetland Treannent Hookup to Existing System Alteration/Repair 201 Off -Site Maintenance Fee - Signs Permanent - Sigtts Temporary - Signs Temporary Renewal Site Plan Review (Chapter 520) _Street Cleaning Erosion Control Escrow Re -inspection Processing Fee Surface Water Residential Non -Residential (commercial, ag., etc.) Telecommunications Tower • Tennis Courts Vacations (Streets or Easements) Easements Streets Variance Video Reproduction Water Residential - Quarterly Rate Commercial All Connection Pcnnits Meters, MIU & Meter Installation Sets Delinquent Accounts Disconnect Service Reconnect Service Service Call Water Storage Violation Bulk Water from Hydrant Swimming Pool Fill Water Availability Charge (WAC) Existing Structures within Old Village New Development Wind Generator Zoning Amendment ( Text or Map) Pee 2008 $75.00 $225,00 $35.00 .50 per foot Proposed 2009 $80.00 $230,00 $37.00 .55 per foot .50 per foot .55 per foot 60.00 per lot per utility 65.00 per lot per utility $75.00 $80.00 $75.00 $80.00 15,00 per day 15,00 per day $100.00 $105.00 $100.00 $105.00 $4,975.00 $5,250.00 $3,71 per 1,000 gallon $4,08 per 1,000 gallons $75.00 $50.00 65.00 per unit per quarter New New New $950.00 1500.00 $30.00 per hour $30.00 Pet Code $825.00 Per 1997 UBC $500.00 $500.00 $725.00 $30.00 $23.75 Base $23.75 Base $125,00 $275,00 6% per quarter $75,00 $75.00 $80.00 $55.00 70.00 per unit per quarter $175.00 $70.00 520.00 $980.00 $2,000.00 $40.00 per hour $35.00 $35,00 $850.00 Per 1997 UBC $515.00 $515.00 $750.00 $30.00 $25.00 Base $25.00 Base $130.00 $285.00 6% per quarter $80.00 $80.00 $10.00 per day $10.00 per day $50.00 for first 5,000 $55.00 for first 5,000 gallons gallons $90 for first 5,000 gallons $95 for first 5,001/gallons $800.0 0 $800.00 $3,500.00 $3,675.00 NEW $825,00 $1,185,00 $1,245.00 Escrow or Additional Charge Plus .30 Surcharge Pius .50 Surcharge per SAC unit -2000.00 to Met. Council; 3250.00 to City Plus .50 Surcharge Plus .50 Surcharge Plus .50 Surcharge Plus .50 Surcharge Plus .50 Surcharge Portal to Portal from City Hall. Minimum: 1 hour 10')/0 of Contractor's Invoice to City Utility Rate Factor per code 2,000.00 Escrow Phis surcharge $500.00 Escrow $500.00 Escrow Plus 2.15 per 1000 Gals Plus 3.10 per 1000 Gals Plus 25,00 or 8%, whichever is greater, if certified to County for collection with taxes Plus 3.10 per additional 1000 Gals Plus 3.10 per 1000 Gals & $15.00 per labor hour $2000.00 Escrow City Council Date: 1/2009 Consent Item: q' Reoo|udon2OU8 002 ITEM: Consider authorization tnapply for the YNnDOTCommunity Roadside Landscaping Partnership Program and authorizing the primary contact person. SUBMITTED BY. Kelli Matzek, Planner REVIEWED BY: Craig Dawson, City Administrator Kyle K|a\L Planning Director SUMMARY AND ACTION REQUESTED: The City Council iubeing asked k)consider Resolution 2009 002 authorizing an application to participate in the MnDOT Community Roadside Landscaping Partnership Program and to authorize resident Susan Kane as the primary contact person for the application. This resolution isrequired byk4nDOTaapart nfanofficial application, The proposed project is a continuation of the landscaping projects completed through this grant the past two years along Highway 5near Carriage Station Park, The proposed project would be near the Old Village area of the city at the entrance to The Fields of St. Croix Second Addition, Little B\uestem Trail North. The K8nDOT Community Landscaping Partnership Program provides a venue through which cities, residents, and the State work together unlandscaping projects tobeautify Highway rights - of -way. The State'nfunds reimburse for landscaping materials while the City staff and community residents provide the manual labor, Both staff and the Community Improvement Commission are recommending the City apply for this grant tocontinue beautifying Highway 5in2009. Members ofThe Fields neighborhood landscape committee and the city forester have attended preliminary meetings, reviewed the proposed landscape plan and are supportive nfthe proposed project. The proposed planting date is Saburday. K4oy3O. 2008, ADDITIONAL INFORMATION • The City utilized this same program to beautify an area along State Highway 5 approximately eight years ago and for the past two years. w The project completed in 2007 near Carriage Station Perk resulted in the planting ofGO trees with assistance byapproximately 35volunteers, The project completed in2O08was also successful and roou(Vad in the planting of many shrubs and trees south of Carriage Station Park. The City opted to combine the tree planting with the city's Arbor Day celebration. ATTACHWENTS(1): 1. Resolution 200Q'OO2 2. Location Map CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2009-002 A RESOLUTION AUTHORIZING THE APPLICATION FOR THE MNDOT COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM AND AUTHORIZATION OF A PRIMARY CONTACT PERSON WHEREAS, the City of Lake Elmo will act as the sponsoring unit for the project identified as State Highway 5/Fields 2nd Addition on the state trunk Highway 5 to be conducted during the period May through June of 2009. BE IT FURTHER RESOLVED, Susan Kane is hereby authorized to apply to the Minnesota Department of Transportation for funding of this project on behalf of the City of Lake Elmo. ADOPTED BY the Lake Elmo City Council on the 20th day of January, 2009. Dean A. Johnston, Mayor ATTEST: Craig Dawson, City Administrator I certify that the above resolution was adopted or approved by the City Council of the City of Lake Elmo on January 20th, 2009, Signed: Witnessed: (signature) - (signature) (title) (date) (title) (date) State Highway 5 / Fields 2nd Addition Planting Location City Council Date: January 2O.2ODQ Consent |ham� 5- Motion ITEM: Approve "Communications System Subscriber Agreement" SUBMITTED BY: Administrator Dawson, Chief Malmquist, Public Works Supehntendant Bouthi/et REVIEWED BY: Chief Malmquist SUMMARY AND ACTION REQUESTED� TheChyCounci|isheingaakedtnappnowa\he^Communicedons3yshemSubaohberAgneement" between the City of Lake Elmo and Washington County. This agreement pertains to the new 800 MHz, county wide radio system which will be going on-line February2000, It spells out the responsibilities of each party with regards to policies, operadon, equipment and costs, The City of Lake Elmo is responsible for the annual "user fee" of$4O0,OO per radio, The fire department has 31 radios (20 portables, 8 mobiles and 2 base) totaling $12.400. This isbudgeted in2OOQ, This fee is designed hacover system costs, maintenance ofthe system, loaner radios, programming, training' etc, Public Works is also planning on putting two radios on the oynVam on e bia| basis for2OO8, Funds for these user fees were included in the 2009 Budget. This agreement initially will be for the year 2009 and will be automatically extended to 2010, RECOMMENDATION: Approval of"Communications System Subscriber Agn*ement". SUGGESTED MOTION FOR CONSIDERATION: Motion to approve the "Communications System Subscriber Agreement" between Washington County and the City ofLake Elmo, ashington Office of the Sheriff County Commitment to Excel -knee December 26, 2008 Susan Hoyt, City Administrator 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 Ms. Hoyt, William M. Hutton Sheriff Mike Johnson 411f Chief Deputy On September 5 of 2006, the Washington County Board of Commissioners adopted administrative policy #1036 establishing the cost participation between Washington County and other agencies for the 800 MHz radio system. The 800 MHz radio system construction is nearing completion and will be put into service starting in the middle of February 2009. We are in the process of completing work on programming of the radios and training for users of the radio system. Enclosed with this letter, you will find a user agreement for your review and approval by your city council. This agreement between the city and county will cover the use of the radio system by members of your fire department. The radio system is also available for use by other departments in your city such as public works and park departments. There are three copies of the agreement. Please have all three signed and returned to me. When the County Board signs the agreement, 1 will return one to your city. If you have any questions, feel free to contact me at 651.430.7863 or dean.tilley@co.washington.mmus Dean Tilley, Radio System a Washington County 15015 62nd Street North P.O. Box 3801 Stillwater, Minnesota 55082 Law Enforcement Center • 15015 62nd Street North — P.O. Box 3801, Stillwater, Minnesota 55082-3801 Phone: 651-430-7600 • Fax: 651-430-7603 • 1TY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action • Washington ""--County PURPOSE Administrative Policy #1036 COST PARTICIPATION BETWEEN WASHINGTON COUNTY AND OTHER AGENCIES FOR THE 800 MHz RADIO SYSTEM To establish policies for determining the appropriate allocation of costs between governmental units that will utilize the planned 800 MHz radio system in Washington County. DEFINITIONS Reaion-wide Public Safety Radio Communications System, — a communication system designed to provide outdoor portable radio coverage in the Twin Cities metropolitan area. It includes a network of antennas, receivers, and transmitters located in a geographic area connected by technology (currently microwave links or fiber optic cable) that allows transmissions from any location within the geographic region to be repeated throughout the geographic region. 800 MHz — The frequency band identified for construction and operation of the Region - wide Public Safety Radio Communications System. Other frequency bands commonly used for public safety communications include, but are not limited to: low band, VHF or high band, and UHF. Washinaton County Sub -network — Additional towers, base station equipment, and microwave equipment necessary to provide the level of radio coverage and capacity within Washington County for public safety entities. Public Safetv Answerina Points (PSAP) — Describes the location and facility where 9-1-1 calls are answered and dispatched. Mobile Radio — Equipment used to transmit and receive two-way voice communications, which is installed in a public safety vehicle. Portable Radio — Equipment used to transmit and receive two-way voice communications, which may be carried (often in the hand or on the belt) and which is powered by batteries. Control Station Radio — Equipment used to transmit and receive two-way voice communications, typically used as a "base" station by fire departments and police departments that do not operate a PSAP. Implemented: September 5, 2006 Page 1 of 4 Revised: Policy #1036 Radio Infrastructure - A network of antennas, receivers, transmitters, and microwave/fiber optic equipment utilized for the 800 MHz radio system. The infrastructure is sometimes referred to as the "backbone" of the system. This does not include mobile, portable, or control station radios. 800 MHz System Administrator — A Washington County employee assigned the responsibility of managing the 800 MHz radio system within Washington County. COST SHARING POLICIES A. Washington County will assume responsibility for the initial purchase of the Washington County sub -network infrastructure within the geographic boundary of Washington County and the communication center equipment utilized in the Washington County Sheriff's Office Communication Center, a Public Safety Answering Point (PSAP). B. Municipalities that elect to operate a Public Safety Answering Point (PSAP) or a local communication center will assume responsibility for related 800 MHz radio system infrastructure costs and local communication center equipment. C. Each local unit of government will assume responsibility for the cost of the purchase or lease of mobile, portable, and control station radios utilized by its organization and staff. D. If federal, state, or regional grant funds are received, these funds will first be allocated according to the requirements of the grant agreements. Grant funds that are made available to the 800 MHz system project without restrictions or specific designation will be allocated to cities and the county on a proportionate share basis computed on the total cost of the elements to be funded, if matched by the receiving city and/or county. If this policy differs from any applicable grant agreement, participation will be negotiated by the County Administrator. (See example in Attachment A.) E. Equipment purchased by local units of government must be compatible with the 800 MHz radio system infrastructure as approved by the 800 MHz system administrator. F. Each local government will assume responsibility for annual maintenance or licensing costs for its mobile, portable, and control station radios, as well as any system access fees assessed by the Metropolitan Radio Board, or its successor. G. Each local government will assume responsibility for annual maintenance and licensing costs for infrastructure based on its proportionate share of mobile, portable, and control station radios. This fee will be determined when the final system design is completed and actual costs can be determined. This fee may also Implemented: September 5, 2006 Page 2 of 4 Revised: Policy #1036 include costs for programming radios, user training, and system administration costs. H. Washington County will negotiate and administer a maintenance service agreement with a qualified service provider for the infrastructure equipment. Washington County will also negotiate a maintenance service agreement for the maintenance and repair of its mobile, portable, and control station radio equipment. This agreement will be extended to include local units of government using equipment made by the same manufacturer. If a significant number of local units of government lease or purchase equipment from a different manufacturer than the county selects, the county may also choose to negotiate a contract on behalf of those entities. The costs for any additional compatible enhancements to the radio system infrastructure or equipment that are not included in the original network design will be the financial responsibility of the requesting local unit of government. (The most likely example will be enhancing coverage inside commercial or industrial buildings such as: schools, hospitals, government buildings, or large factories.) VARIANCES Any variance from this policy must be approved by the Washington County Board of Commissioners. SOURCE County Board action on September 5, 2006 Implemented: September 5, 2006 Page 3 of 4 Revised: ton ounty Communications System Subscriber Agreement Between Washington County and City of Lake Elmo Regarding: Use of the Region wide Public Safety Radio Communications System Washington County Sheriff's Office 15015 62nd Street North, P.O. Box 3801 Stillwater Minnesota 55082 Region wide Public Safety Radio Communications System THIS AGREEMENT made and entered into by and between the COUNTY OF WASHINGTON, a body politic and corporate, under the laws of the STATE OF MINNESOTA, hereinafter referred to as the "COUNTY" and the: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 acting by and through its duly authorized officers, hereinafter referred to as the "USER". WITNESSETH: WHEREAS, the COUNTY established Administrative Policy #1036 to operate and maintain a county sub -network of the Region wide Public Safety Radio Communication System, hereinafter referred to as "System"; and WHEREAS, the COUNTY has provided for the capability of Cities, Agencies, Districts and Other Authorized Users within the County to have access to the System; and WHEREAS, the COUNTY bears primary responsibility for the health, security and integrity of the System and other communications systems; and WHEREAS, the USER has elected to participate as a subscriber with end user radios operating on the System. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY and the USER agree as follows: 1. PURPOSE AND INTRODUCTION The purpose of this Agreement is to define the rights and obligations of the COUNTY and the USER with respect to the cooperative and coordinated purchase, lease, maintenance, technical and administrative support and use of portable, mobile, desktop and other end user radios by the USER on the COUNTY's System. The System is a multi -site general purpose wireless communications system designed to provide, among other things, 95% area coverage reliability for portable radio operation above ground level in light to medium buildings throughout most of the County. Other USER benefits and services include, access to a wide area nine county region wide public safety radio communications system, multiple system redundancies with backup power, a wide range of talk groups, electronic identification of all radios on all transmissions, encryption availability, system security, radio interoperability, 24 hour a day system monitoring and repair response, access to a pool of special event radios and USER radio training. 2. DUTIES AND RESPONSIBILITIES OF USER 2.1 Conformance to Statewide Radio Board (SRB), Metropolitan Emergency Services Board (MESB) and COUNTY Standards USER agrees to be aware of and conform to all applicable standards, policies, procedures and protocols established or amended by the SRB, MESB and COUNTY related to use of the System including but not limited to radio user training requirements, radio operating guidelines, audit, monitoring and compliance. 2 2.2 Conformance to Federal Laws and Regulations USER agrees to be aware of and conform to all applicable Federal Rules, Regulation and Laws pertaining to use of the System including but not limited to the Communications Act of 1934 as Amended and Part 90 of the Federal Communications Commission Rules and Regulations. 2.3 Response to Improper Use In the event COUNTY informs USER that statistical analysis of System usage or other information indicates that USER personnel may have inappropriately used the System, or may have violated standards, policies, procedures, rules, regulations or laws regarding proper operation of the System, or may have violated the provisions of this Agreement, USER agrees to take immediate and appropriate investigative and corrective action to stop the violation and eliminate any reoccurrence. 2.4 Subscriber Sunnort Fees USER agrees to pay COUNTY all Subscriber Support Fees assessed to USER by COUNTY. Subscriber Support Fees for 2009 and 2010 will be S400,00 per radio. The Subscriber Support Fees are subject to annual adjustment. The COUNTY shall provide USER notice of any proposed annual change to the Subscriber Support Fee by May 1st of each year. The COUNTY will notify the USER of the actual Subscriber Support Fee by September 1st of each year. 2.5 Pass Through Metropolitan Emergency Services Board User Fees In addition to the cost assessed under Section 2.4 of this agreement, the USER agrees to pay to COUNTY all user fees attributable to USER assessed to the COUNTY by the MESB, or its successor entity if applicable, and passed through by COUNTY to USER 2.6 Invoicing and Payment Terms COUNTY will invoice USER monthly, or at other intervals as determined by COUNTY, for all fees specified herein. All fees specified in this Agreement will commence as follows: For radios activated on or before the 15th of the inonth, USER will be charged for the entire month, For radios activated after the 15th of the month, the fees will commence on the first day of the following month. Payment of all fees herein shall be made directly to the COUNTY within thirty (30) days from receipt of the invoice. 2.7 Provisional Use of USER Purchased and Owned Radios and Radio Software USER may utilize radios purchased and owned by USER on the System provided that such radios and radio operating software versions are specifically certified for use on the System by the MESB and the COUNTY. The USER shall not access or use the system with non -certified radios or radios operating with non -certified software versions. 2.8 De -certification and Disposition of Obsolete Radios The SRB, MESB and/or COUNTY may de -certify radios and/or radio operating software versions which become obsolete for reasons including but not limited to: become unsafe to use, impair System performance, are no longer supported by the radio Manufacturer, are no longer supported by the COUNTY, exhibit substantial defects, exhibit performance deficiencies, impair implementation of System upgrades, become unreliable, become economically unfeasible to maintain, etc. Except in those cases affecting safety or performance impacts to the System, COUNTY will make reasonable efforts to avoid de -certification of radios used by the USER and to provide USER with at least one (1) year of advance notice prior to the effective date of radio or software version de -certification. De -certified radios or radios operating with de -certified software versions will not be allowed to access or use the System. 2.9 Limitation of Radio Programming, Radio Code Plug Programming Files and System Key File Regardless of ownership, all radios on the System shall be programmed by the COUNTY or with permission from the COUNTY and the COUNTY shall retain an archived electronic copy of all radio code plug programming files and encryption keys files installed in all USER radios covered under this Agreement. The configuration of all radio code plug programming files and radio templates shall be subject to approval by the COUNTY before the radios will be activated on the System. All radio code plug programming files, system key files and encryption key files are the sole property of the COUNTY, and contain information that is classified as security information and non-public government data. Unless specifically authorized by the COUNTY in writing, USER may not directly or indirectly, permit any third party to: view, read, print, extract, copy, archive, edit, create, clone, transfer, tamper with or otherwise compromise the security of any radio code plug programming file, system key file or encryption key file for any radio on the System. If USER learns that any party has improperly or fraudulently obtained radio code plug programming file information, system key file or encryption key file, USER will immediately notify COUNTY of such an event. Maintenance and programming of radios other than Motorola radios will be the responsibility of the USER except for fleet map and code plug development, which will be the responsibility of the County. 2.10 Risk of Loss for Lost. Stolen or Destroyed Radios USER assumes full risk of loss for COUNTY provided radios assigned to USER including but not limited to special event and repair loaner radios temporarily assigned to USER, which are lost, stolen, physically un-repairable or destroyed for any reason except damage which occurs while the radios are in the possession of COUNTY. USER will be invoiced, and agrees to pay for the replacement of any lost, stolen or destroyed radios. 2.11 Notification to COUNTY of Lost or Stolen Radios USER agrees to immediately notify COUNTY of any missing, lost or stolen radios so the radio can be immediately deactivated on the system. 3. DUTIES AND RESPONSIBILITIES OF COUNTY 3.1 Furnishing of End User Radios COUNTY will assist USER in selecting and ordering radios that are purchased directly by USER for use on the System. Each USER will assume responsibility for the cost of the purchase or lease of mobile, portable, and control station radios utilized by its organization and staff. Each USER will assume responsibility for annual maintenance of mobile, portable, and control station radios. Equipment purchased by USER must be compatible with the 800 MHz radio system infrastructure as approved by the COUNTY 800 MHz radio system manager. 3.2 Radio Maintenance and Repair Services COUNTY will negotiate and administer a maintenance service agreement with a qualified service provider for the infrastructure equipment. COUNTY will also negotiate a maintenance service agreement for the maintenance and repair of its mobile, portable, and control station radio equipment. This agreement will be extended to include local units of government using equipment made by the same manufacturer, However, pursuant to section 2.09 of this Agreement, the maintenance and programming of radios other than Motorola will be the responsibility of the USER. If a significant number USERs, lease or purchase equipment from a different manufacturer than the COUNTY selects, the COUNTY may also choose to negotiate a contract on behalf of those entities. 4 3,3 Repair Loaner and Special Event Radios COUNTY will maintain a fleet of Motorola radios which will be made available to USER, generally on a first come first serve basis, for temporary assignment for special events, response to emergencies, or other similar events. USER may receive a temporary loaner radio to replace a radio taken out of service for maintenance or repair. If there are more requests for loaner radios than can be accommodated, the COUNTY will prioritize allocations and the COUNTY may require early return of repair loaner and special event radios early. 3.4 Allocation of System Resources COUNTY will allocate to USER, on a fair and non-discriminatory basis, sufficient System resources including Talk Groups, Announcement Groups, Radio Unit 1113s, Alias lDs, etc. in order to provide USER with an equivalent grade of service afforded to other comparable System users. 3.5 Monitorina of USER Talk Groups COUNTY will periodically monitor talk groups allocated to USER for USER's internal use for system management purposes including but not limited to maintenance, troubleshooting, system performance assessments, unusual traffic patterns (sudden jump in usage), policy and procedure compliance checks, etc. COUNTY monitoring of USER's talk groups may occur at any time, for any duration, may be without notice and is subject to recording. 3.6 Radio Operator Trainina COUNTY will provide USER with access to trainer instruction to be used in training USER's radio operators. Once the near term deployment is completed, USER will have sole responsibility for training new employees and for providing refresher training. 3.7 Database Administration COUNTY will manage and administer the System database records containing the information related to inventory, configuration, programming history, software version control, radio lDs, service levels, statistical usage analysis, etc. for USER's subscriber radios used on the System, 3.8 Radio Station Licenses COUNTY shall hold and administer all FCC licenses on behalf of all users of the System. USER shall operate as authorized mobile, portable and control station units under the COUNTY's FCC radio station licenses. 4. TERM AND CANCELLATION 4,1 Term of Agreement This Agreement shall be for an initial term beginning on the date executed by the COUNTY and continuing through December 31, 2009. After the initial tei in and any subsequent extensions thereto, this Agreement will automatically extend for additional one (1) year terms, unless either party gives written notice of intent not to extend to the other party, said notice to be given at least one hundred twenty (120) days prior to the expiration of the then current term. 4,2 Cancellation of Agreement This Agreement may be canceled with or without cause by either party upon one hundred eighty (180) days' written notice, provided that any such cancellation by COUNTY shall require action by the Board of Washington County Commissioners, 5. DEFAULT 5.1 If either party fails to perform any material term of this Agreement, this shall constitute a default. Unless the USER's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Unless the COUNTY's default is excused by the USER, the USER may upon thirty (30) days' written notice cancel this Agreement in its entirety. 5.2 Notwithstanding any provision of this Agreement to the contrary, the defaulting party shall not be relieved of liability to the other party for damages sustained by the non defaulting party by virtue of any breach of this Agreement by the defaulting party. 5.3 The above remedies shall be in addition to any other right or remedy available under this contract, law, statute, rule, and/or equity. 5.4 The failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. 6. MISCELLANEOUS PROVISIONS 6.1 Independent Parties It is mutually understood that this Agreement does not create an employment relationship between the parties, nor does it create a partnership or joint venture, nor does it constitute a cooperative agreement or joint powers agreement. 6.2 Liability Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. The COUNTY's and the USER's liability is governed by the provisions of Minnesota Statutes Chapter 466, 6.3 Data Privacy USER, its officers, agents, owners, partners, employees, volunteers or subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. 6.4 Records — Availability/ Access Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended), the USER agrees that the COUNTY, the State Auditor, the Legislative Auditor or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the USER and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 6.5 Notices Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the Office of the County Sheriff at the address given below. Notice to the USER shall be sent to the address stated below. To COUNTY: Washington County Administrator 14949 62nd Street North P.O. Box 6 Stillwater, Minnesota 55082-0006 Copy to: USER: Radio System Manager Washington County Sheriff's Office 15015 62nd Street North, P.O. Box 3801 Stillwater, Minnesota 55082 City Administrator 3800 Laverne Avenue North Lake Elmo, Minnesota USERS, having signed this contract, and the County having duly approved this contract on the day of , and pursuant to such approval, the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. WASHINGTON COUNTY CITY OF LAKE ELMO Chair Date Board of Commissioners James R. Schug Date County Administrator 7 Communications System Subscriber Agreement Between Washington County and City of Lake Elmo Regarding: Use of the Region wide Public Safety Radio Communications System, Washington County Sheriff's Office 15015 62nd Street North, P.O. Box 3801 Stillwater Minnesota 55082 Region wide Public Safety Radio Communications System THIS AGREEMENT made and entered into by and between the COUNTY OF WASHINGTON, a body politic and corporate, under the laws of the STATE OF MINNESOTA, hereinafter referred to as the "COUNTY" and the: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 acting by and through its duly authorized officers, hereinafter referred to as the "USER". WI'l'NESSETH: WHEREAS, the COUNTY established Administrative Policy #1036 to operate and maintain a county sub -network of the Region wide Public Safety Radio Communication System, hereinafter referred to as "System"; and WHEREAS, the COUNTY has provided for the capability of Cities, Agencies, Districts and Other Authorized Users within the County to have access to the System; and WHEREAS, the COUNTY bears primary responsibility for the health, security and integrity of the System and other communications systems; and WHEREAS, the USER has elected to participate as a subscriber with end user radios operating on the System. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY and the USER agree as follows: 1. PURPOSE AND INTRODUCTION The purpose of this Agreement is to define the rights and obligations of the COUNTY and the USER with respect to the cooperative and coordinated purchase, lease, maintenance, technical and administrative support and use of portable, mobile, desktop and other end user radios by the USER on the COUNTY's System. The System is a multi -site general purpose wireless communications system designed to provide, among other things, 95% area coverage reliability for portable radio operation above ground level in light to medium buildings throughout most of the County. Other USER benefits and services include, access to a wide area nine county region wide public safety radio communications system, multiple system redundancies with backup power, a wide range of talk groups, electronic identification of all radios on all transmissions, encryption availability, system security, radio interoperability, 24 hour a day system monitoring and repair response, access to a pool of special event radios and USER radio training. 2. DUTIES AND RESPONSIBILITIES OF USER 2,1 Conformance to Statewide Radio Board (SRB), Metropolitan Emergency Services Board (MESB) and COUNTY Standards USER agrees to be aware of and conform to all applicable standards, policies, procedures and protocols established or amended by the SRB, MESB and COUNTY related to use of the System including but not limited to radio user training requirements, radio operating guidelines, audit, monitoring and compliance. 2.2 Conformance to Federal Laws and Regulations USER agrees to be aware of and conform to all applicable Federal Rules, Regulation and Laws pertaining to use of the System including but not limited to the Communications Act of 1934 as Amended and Part 90 of the Federal Communications Commission Rules and Regulations. 2.3 Response to Improper Use In the event COUNTY informs USER that statistical analysis of System usage or other information indicates that USER personnel may have inappropriately used the System, or may have violated standards, policies, procedures, rules, regulations or laws regarding proper operation of the System, or may have violated the provisions of this Agreement, USER agrees to take immediate and appropriate investigative and corrective action to stop the violation and eliminate any reoccurrence. 2.4 Subscriber Support Fees USER agrees to pay COUNTY all Subscriber Support Fees assessed to USER by COUNTY. Subscriber Support Fees for 2009 and 2010 will be $400.00 per radio, The Subscriber Support Fees are subject to annual adjustment. The COUNTY shall provide USER notice of any proposed annual change to the Subscriber Support Fee by May lst of each year. The COUNTY will notify the USER of the actual Subscriber Support Fee by September 1st of each year. 2.5 Pass Through Metropolitan Emergency Services Board User Fees In addition to the cost assessed under Section 2.4 of this agreement, the USER agrees to pay to COUNTY all user fees attributable to USER assessed to the COUNTY by the MESB, or its successor entity if applicable, and passed through by COUNTY to USER 2.6 Invoicing and Payment Terms COUNTY will invoice USER monthly, or at other intervals as determined by COUNTY, for all fees specified herein. All fees specified in this Agreement will commence as follows: For radios activated on or before the 15'h of the month, USER will be charged for the entire month. For radios activated after the 15th of the month, the fees will commence on the first day of the following month. Payment of all fees herein shall be made directly to the COUNTY within thirty (30) days from receipt of the invoice. 2.7 Provisional Use of USER Purchased and Owned Radios and Radio Software USER may utilize radios purchased and owned by USER on the System provided that such radios and radio operating software versions are specifically certified for use on the System by the MESB and the COUNTY. The USER shall not access or use the system with non -certified radios or radios operating with non -certified software versions. 2.8 De -certification and Disposition of Obsolete Radios The SRB, MESB and/or COUNTY may de -certify radios and/or radio operating software versions which become obsolete for reasons including but not limited to: become unsafe to use, impair System performance, are no longer supported by the radio Manufacturer, are no longer supported by the COUNTY, exhibit substantial defects, exhibit performance deficiencies, impair implementation of System upgrades, become unreliable, become economically unfeasible to maintain, etc. Except in those cases affecting safety or performance impacts to the System, COUNTY will make reasonable efforts to avoid de -certification of radios used by the USER and to provide USER with at least one (1) year of advance notice prior to the effective date of radio or software version de -certification. De -certified radios or radios operating with de -certified software versions will not be allowed to access or use the System. 2.9 Limitation of Radio Programming, Radio Code Plug Programming Files and System Key File Regardless of ownership, all radios on the System shall be programmed by the COUNTY or with permission from the COUNTY and the COUNTY shall retain an archived electronic copy of all radio code plug programming files and encryption keys files installed in all USER radios covered under this Agreement. The configuration of all radio code plug programming files and radio templates shall be subject to approval by the COUNTY before the radios will be activated on the System. All radio code plug programming files, system key files and encryption key files are the sole property of the COUNTY, and contain information that is classified as security information and non-public eovernment data, Unless specifically authorized by the COUNTY in writing, USER may not directly or indirectly, permit any third party to: view, read, print, extract, copy, archive, edit, create, clone, transfer, tamper with or otherwise compromise the security of any radio code plug programming file, system key file or encryption key file for any radio on the System. If USER learns that any party has improperly or fraudulently obtained radio code plug programming file information, system key file or encryption key file, USER will immediately notify COUNTY of such an event. Maintenance and Programming of radios other than Motorola radios will be the responsibility of the USER except for fleet man and code plug development, which will be the responsibility of the County, 2.10 Risk of Loss for Lost. Stolen or Destroyed Radios USER assumes full risk of loss for COUNTY provided radios assigned to USER including but not limited to special event and repair loaner radios temporarily assigned to USER, which are lost, stolen, physically un-repairable or destroyed for any reason except damage which occurs while the radios are in the possession of COUNTY. USER will be invoiced, and agrees to pay for the replacement of any lost, stolen or destroyed radios. 2.11 Notification to COUNTY of Lost or Stolen Radios USER agrees to immediately notify COUNTY of any missing, lost or stolen radios so the radio can be immediately deactivated on the system. 3. DUTIES AND RESPONSIBILITIES OF COUNTY 3.1 Furnishing of End User Radios COUNTY will assist USER in selecting and ordering radios that are purchased directly by USER for use on the System. Each USER will assume responsibility for the cost of the purchase or lease of mobile, portable, and control station radios utilized by its organization and staff. Each USER will assume responsibility for annual maintenance of mobile, portable, and control station radios. Equipment purchased by USER must be compatible with the 800 MHz radio system infrastructure as approved by the COUNTY 800 MHz radio system manager. 3.2 Radio Maintenance and Renair Services COUNTY will negotiate and administer a maintenance service agreement with a qualified service provider for the infrastructure equipment. COUNTY will also negotiate a maintenance service agreement for the maintenance and repair of its mobile, portable, and control station radio equipment. This agreement will be extended to include local units of government using equipment made by the same manufacturer. However, pursuant to section 2.09 of this Agreement, the maintenance and programming of radios other than Motorola will be the responsibility of the USER. If a significant number USERs, lease or purchase equipment from a different manufacturer than the COUNTY selects, the COUNTY may also choose to negotiate a contract on behalf of those entities. 4 3.3 Repair Loaner and Special Event Radios COUNTY will maintain a fleet of Motorola radios which will be made available to USER, generally on a first come first serve basis, for temporary assignment for special events, response to emergencies, or other similar events. USER may receive a temporary loaner radio to replace a radio taken out of service for maintenance or repair. If there are more requests for loaner radios than can be accommodated, the COUNTY will prioritize allocations and the COUNTY may require early return of repair loaner and special event radios early. 3.4 Allocation of System Resources COUNTY will allocate to USER, on a fair and non-discriminatory basis, sufficient System resources including Talk Groups, Announcement Groups, Radio Unit 1Ds, Alias IDs, etc. in order to provide USER with an equivalent grade of service afforded to other comparable System users. 3.5 Monitoring of USER Talk Groups COUNTY will periodically monitor talk groups allocated to USER for USER's internal use for system management purposes including but not limited to maintenance, troubleshooting, system performance assessments, unusual traffic patterns (sudden jump in usage), policy and procedure compliance checks, etc. COUNTY monitoring of USER's talk groups may occur at any time, for any duration, may be without notice and is subject to recording. 3.6 Radio Operator Training COUNTY will provide USER with access to trainer instruction to be used in training USER's radio operators. Once the near term deployment is completed, USER will have sole responsibility for training new employees and for providing refresher training. 3.7 Database Administration COUNTY will manage and administer the System database records containing the information related to inventory, configuration, programming history, software version control, radio IDs, service levels, statistical usage analysis, etc, for USER's subscriber radios used on the System. 3.8 Radio Station Licenses COUNTY shall hold and administer all FCC licenses on behalf of all users of the System. USER shall operate as authorized mobile, portable and control station units under the COUNTY's FCC radio station licenses. 4. TERM AND CANCELLATION 4.1 Term of Agreement This Agreement shall be for an initial term beginning on the date executed by the COUNTY and continuing through December 31, 2009. After the initial term and any subsequent extensions thereto, this Agreement will automatically extend for additional one (1) year terms, unless either party gives written notice of intent not to extend to the other party, said notice to be given at least one hundred twenty (120) days prior to the expiration of the then current term. 4.2 Cancellation of Agreement This Agreement may be canceled with or without cause by either party upon one hundred eighty (180) days' written notice, provided that any such cancellation by COUNTY shall require action by the Board of Washington County Commissioners. 5. DEFAULT 5.1 If either party fails to perform any material term of this Agreement, this shall constitute a default. Unless the USER's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Unless the COUNTY's default is excused by the USER, the USER may upon thirty (30) days' written notice cancel this Agreement in its entirety. 5.2 Notwithstanding any provision of this Agreement to the contrary, the defaulting party shall not be relieved of liability to the other party for damages sustained by the non defaulting party by virtue of any breach of this Agreement by the defaulting party. 5.3 The above remedies shall be in addition to any other right or remedy available under this contract, law, statute, rule, and/or equity. 5,4 The failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. 6. MISCELLANEOUS PROVISIONS 6.1 Independent Parties It is mutually understood that this Agreement does not create an employment relationship between the parties, nor does it create a partnership or joint venture, nor does it constitute a cooperative agreement or joint powers agreement, 6.2 Liability Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. The COUNTY's and the USER's liability is governed by the provisions of Minnesota Statutes Chapter 466, 6.3 Data Privacy USER, its officers, agents, owners, partners, employees, volunteers or subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. 6.4 Records — Availability/ Access Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended), the USER agrees that the COUNTY, the State Auditor, the Legislative Auditor or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the USER and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 6.5 Notices Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the 6 COUNTY shall be sent to the County Administrator with a copy to the Office of the County Sheriff at the address given below. Notice to the USER shall be sent to the address stated below. To COUNTY: Washington County Administrator 14949 62nd Street North P.O. Box 6 Stillwater, Minnesota 55082-0006 Copy to: Radio System Manager Washington County Sheriff's Office 15015 62nd Street North, P.O. Box 3801 Stillwater, Minnesota 55082 USER: City Administrator 3800 Laverne Avenue North Lake Elmo, Minnesota USERS, having signed this contract, and the County having duly approved this contract on the day of , and pursuant to such approval, the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. WASHINGTON COUNTY CllY OF LAKE ELMO Chair Date Board of Commissioners James R. Schug Date County Administrator Communications System Subscriber Agreement Between Washington County and City of Lake Elmo Regarding: Use of the Region wide Public Safety Radio Communications System Washington County Sheriff's Office 15015 62nd Street North, P.O. Box 3801 Stillwater Minnesota 55082 Region wide Public Safety Radio Communications System THIS AGREEMENT made and entered into by and between the COUNTY OF WASHINGTON, a body politic and corporate, under the laws of the STATE OF MINNESOTA, hereinafter referred to as the "COUNTY" and the: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 acting by and through its duly authorized officers, hereinafter referred to as the "USER". WITNESSETH: WHEREAS, the COUNTY established Administrative Policy #1036 to operate and maintain a county sub -network of the Region wide Public Safety Radio Communication System, hereinafter referred to as "System"; and WHEREAS, the COUNTY has provided for the capability of Cities, Agencies, Districts and Other Authorized Users within the County to have access to the System; and WHEREAS, the COUNTY bears primary responsibility for the health, security and integrity of the System and other communications systems; and WHEREAS, the USER has elected to participate as a subscriber with end user radios operating on the System. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY and the USER agree as follows: 1. PURPOSE AND INTRODUCTION The purpose of this Agreement is to define the rights and obligations of the COUNTY and the USER with respect to the cooperative and coordinated purchase, lease, maintenance, technical and administrative support and use of portable, mobile, desktop and other end user radios by the USER on the COUNTY's System. The System is a multi -site general purpose wireless communications system designed to provide, among other things, 95% area coverage reliability for portable radio operation above ground level in light to medium buildings throughout most of the County. Other USER benefits and services include, access to a wide area nine county region wide public safety radio communications system, multiple system redundancies with backup power, a wide range of talk groups, electronic identification of all radios on all transmissions, encryption availability, system security, radio interoperability, 24 hour a day system monitoring and repair response, access to a pool of special event radios and USER radio training. 2. DUTIES AND RESPONSIBILITIES OF USER 2.1 Conformance to Statewide Radio Board (SRB). Metropolitan Emervencv Services Board (MESB) and COUNTY Standards USER agrees to be aware of and conform to all applicable standards, policies, procedures and protocols established or amended by the SRB, MESB and COUNTY related to use of the System including but not limited to radio user training requirements, radio operating guidelines, audit, monitoring and compliance. 2.2 Conformance to Federal Laws and Regulations USER agrees to be aware of and conform to all applicable Federal Rules, Regulation and Laws pertaining to use of the System including but not limited to the Communications Act of 1934 as Amended and Part 90 of the Federal Communications Commission Rules and Regulations. 2.3 Response to Improper Use In the event COUNTY informs USER that statistical analysis of System usage, or other information indicates that USER personnel may have inappropriately used the System, or may have violated standards, policies, procedures, rules, regulations or laws regarding proper operation of the System, or may have violated the provisions of this Agreement, USER agrees to take immediate and appropriate investigative and corrective action to stop the violation and eliminate any reoccurrence. 2.4 Subscriber S UD port Fees USER agrees to pay COUNTY all Subscriber Support Fees assessed to USER by COUNTY. Subscriber Support Fees for 2009 and 2010 will be $400.00 per radio, The Subscriber Support Fees are subject to annual adjustment. The COUNTY shall provide USER notice of any proposed annual change to the Subscriber Support Fee by May lst of each year. The COUNTY will notify the USER of the actual Subscriber Support Fee by September 1st of each year. 2.5 Pass Through Metropolitan Emergency Services Board User Fees In addition to the cost assessed under Section 2.4 of this agreement, the USER agrees to pay to COUNTY all user fees attributable to USER assessed to the COUNTY by the MESB, or its successor entity if applicable, and passed through by COUNTY to USER 2.6 Invoicing and Payment Terms COUNTY will invoice USER monthly, or at other intervals as determined by COUNTY, for all fees specified herein. All fees specified in this Agreement will commence as follows: For radios activated on or before the 15th of the month, USER will be charged for the entire month. For radios activated after the 15th of the month, the fees will commence on the first day of the following month. Payment of all fees herein shall be made directly to the COUNTY within thirty (30) days from receipt of the invoice. 2,7 Provisional Use of USER Purchased and Owned Radios and Radio Software USER may utilize radios purchased and owned by USER on the System provided that such radios and radio operating software versions are specifically certified for use on the System by the MESB and the COUNTY. The USER shall not access or use the system with non -certified radios or radios operating with non -certified software versions. 2.8 De -certification and Disposition of Obsolete Radios The SRB, MESB and/or COUNTY may de -certify radios and/or radio operating software versions which become obsolete for reasons including but not limited to: become unsafe to use, impair System performance, are no longer supported by the radio Manufacturer, are no longer supported by the COUNTY, exhibit substantial defects, exhibit performance deficiencies, impair implementation of System upgrades, become unreliable, become economically unfeasible to maintain, etc. Except in those cases affecting safety or performance impacts to the System, COUNTY will make reasonable efforts to avoid de -certification of radios used by the USER and to provide USER with at least one (1) year of advance notice prior to the effective date of radio or software version de -certification. De -certified radios or radios operating with de -certified software versions will not be allowed to access or use the System. 2.9 Limitation of Radio Programming, Radio Code Plug Programming Files and System Key File Regardless of ownership, all radios on the System shall be programmed by the COUNTY or with permission from the COUNTY and the COUNTY shall retain an archived electronic copy of all radio code plug programming files and encryption keys files installed in all USER radios covered under this Agreement. The configuration of all radio code plug programming files and radio templates shall be subject to approval by the COUNTY before the radios will be activated on the System. All radio code plug programming files, system key files and encryption key files are the sole property of the COUNTY, and contain information that is classified as security information and non-public government data. Unless specifically authorized by the COUNTY in writing, USER may not directly or indirectly, permit any third party to; view, read, print, extract, copy, archive, edit, create, clone, transfer, tamper with or otherwise compromise the security of any radio code plug programming file, system key file or encryption key file for any radio on the System. If USER learns that any party has improperly or fraudulently obtained radio code plug programming file information, system key file or encryption key file, USER will immediately notify COUNTY of such an event. Maintenance and Programming of radios other than Motorola radios will be the responsibility of the USER except for fleet map and code plug development, which will be the responsibility of the County. 2.10 Risk of Loss for Lost, Stolen or Destroyed Radios USER assumes full risk of loss for COUNTY provided radios assigned to USER including but not limited to special event and repair loaner radios temporarily assigned to USER, which are lost, stolen, physically un-repairable or destroyed for any reason except damage which occurs while the radios are in the possession of COUNTY. USER will be invoiced, and agrees to pay for the replacement of any lost, stolen or destroyed radios. 2.11 Notification to COUNTY of Lost or Stolen Radios USER agrees to immediately notify COUNTY of any missing, lost or stolen radios so the radio can be immediately deactivated on the system. 3. DUTIES AND RESPONSIBILITIES OF COUNTY 3.1 Furnishing of End User Radios, COUNTY will assist USER in selecting and ordering radios that are purchased directly by USER for use on the System. Each USER will assume responsibility for the cost of the purchase or lease of mobile, portable, and control station radios utilized by its organization and staff. Each USER will assume responsibility for annual maintenance of mobile, portable, and control station radios. Equipment purchased by USER must be compatible with the 800 MHz radio system infrastructure as approved by the COUNTY 800 MHz radio system manager. 3.2 Radio Maintenance and Repair Services COUNTY will negotiate and administer a maintenance service agreement with a qualified service provider for the infrastructure equipment. COUNTY will also negotiate a maintenance service agreement for the maintenance and repair of its mobile, portable, and control station radio equipment. This agreement will be extended to include local units of government using equipment made by the same manufacturer. However, pursuant to section 2.09 of this Agreement, the maintenance and programming of radios other than Motorola will be the responsibility of the USER. If a significant number USERs, lease or purchase equipment from a different manufacturer than the COUNTY selects, the COUNTY may also choose to negotiate a contract on behalf of those entities. 3.3 Repair Loaner and Snecial Event Radios COUNTY will maintain a fleet of Motorola radios which will be made available to USER, generally on a first come first serve basis, for temporary assignment for special events, response to emergencies, or other similar events. USER may receive a temporary loaner radio to replace a radio taken out of service for maintenance or repair. If there are more requests for loaner radios than can be accommodated, the COUNTY will prioritize allocations and the COUNTY may require early return of repair loaner and special event radios early. 3.4 Allocation of System Resources COUNTY will allocate to USER, on a fair and non-discriminatory basis, sufficient System resources including Talk Groups, Announcement Groups, Radio 'Unit IDs, Alias IDs, etc. in order to provide USER with an equivalent grade of service afforded to other comparable System users. 3.5 Monitoring of USER Talk Groups COUNTY will periodically monitor talk groups allocated to USER for USER's internal use for system management purposes including but not limited to maintenance, troubleshooting, system performance assessments, unusual traffic patterns (sudden jump in usage), policy and procedure compliance checks, etc. COUNTY monitoring of USER's talk groups may occur at any time, for any duration, may be without notice and is subject to recording. 3,6 Radio Operator Training COUNTY will provide USER with access to trainer instruction to be used in training USER's radio operators. Once the near term deployment is completed, USER will have sole responsibility for training new employees and for providing refresher training. 3.7 Database Administration COUNTY will manage and administer the System database records containing the infoiniation related to inventory, configuration, programming history, software version control, radio IDs, service levels, statistical usage analysis, etc. for USER's subscriber radios used on the System. 3.8 Radio Station Licenses COUNTY shall hold and administer all FCC licenses on behalf of all users of the System. USER shall operate as authorized mobile, portable and control station units under the COUNTY's FCC radio station licenses. 4. TERM AND CANCELLATION 4.1 Term of Agreement This Agreement shall be for an initial term beginning on the date executed by the COUNTY and continuing through December 31, 2009. After the initial term and any subsequent extensions thereto, this Agreement will automatically extend for additional one (1) year terms, unless either party gives written notice of intent not to extend to the other party, said notice to be given at least one hundred twenty (120) days prior to the expiration of the then current term. 4.2 Cancellation of Agreement This Agreement may be canceled with or without cause by either party upon one hundred eighty (180) days' written notice, provided that any such cancellation by COUNTY shall require action by the Board of Washington County Commissioners. 5. DEFAULT 5.1 If either party fails to perform any material term of this Agreement, this shall constitute a default. Unless the USER's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Unless the COUNTY's default is excused by the USER, the USER may upon thirty (30) days' written notice cancel this Agreement in its entirety. 5.2 Notwithstanding any provision of this Agreement to the contrary, the defaulting party shall not be relieved of liability to the other party for damages sustained by the non defaulting party by virtue of any breach of this Agreement by the defaulting party. 5.3 The above remedies shall be in addition to any other right or remedy available under this contract, law, statute, rule, and/or equity. 5.4 The failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. 6. MISCELLANEOUS PROVISIONS 6.1 Independent Parties It is mutually understood that this Agreement does not create an employment relationship between the parties, nor does it create a partnership or joint venture, nor does it constitute a cooperative agreement or joint powers agreement. 6.2 Liability Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. The COUNTY's and the USER's liability is governed by the provisions of Minnesota Statutes Chapter 466, 6.3 Data Privacy USER, its officers, agents, owners, partners, employees, volunteers or subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. 6.4 Records — Availability/ Access Subject to the requirements of Minnesota Statutes Section 16C,05, Subd. 5 (as may be amended), the USER agrees that the COUNTY, the State Auditor, the Legislative Auditor or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the USER and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force arid effect during the period of the contract and for six (6) years after its termination or cancellation. 6.5 Notices Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the 6 COUNTY shall be sent to the County Administrator with a copy to the Office of the County Sheriff at the address given below. Notice to the USER shall be sent to the address stated below. To COUNTY: Washington County Administrator 14949 62nd Street North P.O. Box 6 Stillwater, Minnesota 55082-0006 Copy to: Radio System Manager Washington County Sheriff's Office 15015 62nd Street North, P.O. Box 3801 Stillwater, Minnesota 55082 USER: City Administrator 3800 Laverne Avenue North Lake Elmo, Minnesota USERS, having signed this contract, and the County having duly approved this contract on the day of , and pursuant to such approval, the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. WASHINGTON COUNTY CITY OF LAKE ELMO Chair Date Board of Commissioners James R. Schug Date County Administrator 7 City of Lake Elmo Washington County, Minnesota RESOLUTION NO. 2009-000.1 A Resolution in Support of the 341h Red Bull Infantry Division and Stillwater -based 34Ih Military Police Company of the Minnesota National Guard on its Deployment to Iraq WHEREAS: The 341hRed Bull Infantry Division will being a one-year deployment to Iraq beginning on February 13, 2009 with training exercises in the United States and then arrival in Iraq in April 2009; and WHEREAS: Four Minnesota units includin,i. nearly 1.000 service members from throughout Minnesota, of which approximately one-third have had prior service in Iraq, will he included in the deployment to the southern portion of Iraq to command military operations in the area; and WHEREAS: The Stillwater -based 34'h Military Police Company with 166 members will be one of the four units to be deployed in addition to the Rosemount -based 34'1' Red Bull Infantry Division Headquarter; the Inver Grove Heights -based 34`h Infantry Division Special Troops Battalion; and the Rosemount -based 34'h Red Bull Infantry Division Band: and WHEREAS: This is an unprecedented military mission with the 340Infantry Division leading a force of more than 16,000 service personnel kvho will be enabling- the Iraqi people to take responsibility for their future affairs; and NOW, THEREFORE BE IT RESOLVED THAT, the Lake Elmo City Council acknowledges ‘vith grateful appreciation the sacrifices of the military personnel who are leaving home and loved ones to serve our nation in Iraq: and BE IT FURTHER RESOLVED, that the Lake Elmo City Council commends the men and women of the Stillwater- based 34'h Military Police Company and the three other units of the 3e1 Red Bull Infantry Division for their dedication to the success of its mission and the City Council expresses its concern for the safety and ‘vell-being of all the service personnel and the sacrifices of their families during this deployment. ADOPTED BY THE: LAKE ELMO CITY COUNCIL on the 20'1' day ofJanuary, 2009. Dean A. Johnston. Mayor ATTEST: Sharon Lumby, City Clerk January 12, 2009 RECEIVED JAN i5 2009 Mr. Craig Dawson CITY OF LAKE ELMO Administrator City of Lake Elmo 3800 Lavverne Ave N Lake Elmo, MN 55042 Dear Mr. Dawson: Board of Commissioners Dennis C. Hogberg, District 1 Bill Pulkrabek, District 2 Gary Kriesel, District 3 Myra Peterson, Chair, District 4 Lisa Weik, District 5 The Washington County Board of Commissioners is privileged to be able to recognize the personnel of the 34th Red Bull Infantry Division of the Minnesota National Guard which will soon be deployed to Iraq. In order to acknowledge the call to duty in Iraq, the County Board will adopt a similar resolution to the attached one to tell the soldiers that their service to our country is appreciated and that we are aware of their sacrifices in leaving family, friends, and Minnesota for their deployment. It is suggested that city councils and town boards adopt similar resolutions in support for the men and women of the 34th Red Bull Infantry Division. The Washington County resolution has been personalized to recognize the 166 members of the Stillwater -based 34th Military Police Company of this Division, If your city council or town board is able to adopt a resolution in support of the 34th Red Bull Infantry Division's deployment to Iraq, please send your resolution to either of the following persons by the end ofJanuary 2009. Both Councilmember Mary McComber of the City of Oak Park Heights and Richard Glasgow of "Dear American Hero" will be collecting the resolutions for a presentation to the Division before their departure for training on February 13, 2009. Mary McComber Councilmember City of Oak Park Heights 14168 Oak Park Boulevard No. P.O. Box 2007 Mr Craig Dawson Administrator City of Lake Elmo 3800 Lavverne Ave N Lake Elmo, MN 550420ak Park Heights, Richard Glasgow Dear American Hero Box 162 Lakeland, MN 55043 MN 55082-2007 Washington County also uses Commissioners' Service Awards when recognition is suitable for signatures by the full County Board. Please find our Commissioners' Service Award attached for your potential use with appropriate modifications to suit your local unit of government in recognizing the Government Center • 14949 62nd Street North • P. 0, Box 6 • Stillwater, MN 55082-0006 Telephone: 651-430-6001 • Fax: 651-430-6017 • TTY: 651-430-6246 www.co.washIngton.mn.us Washington County is an equal opportunity organization and employer men and women of the 34th Red Bull Infantry Division. Commissioners' Service Award as well as a resolution. Please feel free to contact me at 651-430-6213 if you ha Sincerely, Gary Kriesel Commissioner, District 3 ashington County will prepare a Enclosures: Draft - Washington County Board of Commissioners Resolution Washington County Commissioners' Award questions. City Council Oote:1/12K]Q Item: —7 ^ [TEW Consider anapplication from James Dillon and Larry Paul for avariance related hoa[at line adjustment at8180and 8188Hill Trail North —R1 zoning —P|DOQ'O2Q'21'23'UOD4and 00-D20'21-2J'O003. SUBMITTED BY: Kyle Klatt, Planning Director SUMMARY AND ACTION REQUESTED The City Council is being asked to consider a variance request from James Dillon to move a property line between 8190 and 8186 Hill Trail North such that the total parcel area of 8186 Hill Trail North isreduced by470square feet. Both ofthese lots are non -conforming with regards to theR-1 and Shona|andDistrict lot area requirement of1.5acres per lot, and avariance in required to reduce the size ofalot below its current size. The lot line adjustment requires on administrative approval and will be acted upon once the variance application has been decided bythe City Council. The variance has been requested in order to move the boundary between the two affected parcels to a location that was previously assumed to be the property line before a survey was recently completed for one ofthe parcels. The applicant has stated evariance iojustified because the current owner will not be able to adequately maintain this land due to the difference in elevation between the properties and e retaining wall that was installed in this area. For variance applications, the burden is on the applicant to demonstrate why this situation is unique and necessitates flexibility tocode requirements, Tomake this case, avariance can only be granted by the city when strict enforcement of the code would cause undue hardship on a property owner. ^Hordship^inbroken down into the following three components: a. The proposed use of the property and associated structures in question cannot be established under the conditions allowed by the city's zoning regulations and noother reasonable alternative use exists; b. The plight of the landowner is due to the physical conditions unique to the /end, atruoture, or building involved and are not applicable to other lands, structures, or buildings /nthe same zoning district; and o. The unique conditions of the site were not caused or accepted by the landowner afterthaeffectivedateofihecitytzon/ngosgu/at/ono. In reviewing the request against the three criteria listed above, staff determined all criteria were met, relying on the applicant's statement that not having good access tnthe strip ofproperty to be transferred (in order to conduct normal maintenance and avoid erosion problems) should be considered a hardship. ADD|T0NAL(NFORMATION: " The Planning Commission reviewed the application and held apublic hearing mLtheir January 12/^meeting, Noone from the public spoke, AJsuch time the commission unanimously recommended (8j3)approval ofthe application, • The DNRdid not submit any comments concerning the application. � Valley Branch Watershed District noted that the applicant will need toobtain o watershed permit inorder toproceed with the lot line adjustment, The applicant has submitted the appropriate application. RECOMMENDATION: Staff recommends that the City Council approve the proposed lot area variance for Larry Paul to allow a lot line adjustment that will reduce the total area of the existing non -conforming property at 8186 Hill Trail North by 470 square feet, ORDER OFBUSINESS: Introduction Craig Dawson, City Administrator Questions from the Council Questions/Comments from the applicant Questions/Comments from the public Mayor facilitates Mayor & Council Members Mayor facilitates Call for oMotion (required for further discussion; does not imply approval ofthe motion Mayor facilitates Discussion Mayor facilitates Action onmotion Council ATTACHMENTS (8): 1. Staff Report 2. ResnuUon20OA'008 3, Area Map 4. Proposed Survey 5. Application Form 0. Applicant's Narrative 7. Aerial Photograph City of Lake Elmo Planning Department Lot Line Adjustment and Variance Report To: City Council FrOM: Kyle Klatt, Planning Director Meeting Date: 1-20-09 Applicant: James and Robbi Dillon; Frederick and Carol Paul Owner: Same Location: 8190 Hill Trail North and 8186 Hill Trail North Zoning: R-1 Introductory Information Proposed The applicants are seeking to adjust an internal lot line between 8190 Hill Trail North Project: and 8186 Hill Trail North. This property line movement would result in decreasing the lot size for 8186 Hill Trail North which would require a variance as the result would be a more non -conforming lot with regards to lot size. Specifically, the variance being requested is to allow the property at 8186 Hill Trail North to be reduced in size from 19,530 square feet to 19,060 square feet (470 square feet) when a 1.5 acre (65,340 square feet) minimum lot size is required. Lot Line The applicants are requesting a lot line adjustment due to the topography of the lot and Adjustment: confusion over the location of the internally shared lot line. Topography The applicants are seeking to move the internal lot line, in part, due to the existing topography and the location of existing retaining walls which pre -date their ownership of the properties. By allowing the movement of the lot line, the property owners of the southerly property would be able to better access and maintain the walls than that of the northerly property. The proposed placement of the internal lot line would provide the Dillon's the land rights and access to that area so that they may legally continue to maintain the retaining walls as they have for over eighteen years. Misconception of Existing Lot Line Location Both property owners were under the understanding that the internal lot line was already in the location they are proposing. This was found to be incorrect when Mr. Paul surveyed his property as part of rebuilding his home after a fire destroyed the original structure. Lot L Adirtsuneni and Variance Request: 8186 Hill Trail North CO): Council Report; 1-20-09 Variance A simple lot line adjustment could have been administratively processed, however, as Request(s): the movement of the lot line results in one of the lots being reduced in size to create a more non -conforming situation, a variance is also required. Both properties are currently legally nonconforming to the minimum lot size in the R- 1 zoning district and Shoreland District regulations. Because one of the lots is being proposed to be more non-confooning by being reduced in size, the proposed lot line adjustment will require the following variance: 1. A 470-square-foot variance to reduce the size of the existing non-confo ming Lot 3 from 19,560 square feet to 19,060 square feet. The proposed area remaining for both affected lots will be well short of the minimum lot size of 65,340 square feet in the R-1 Single Family Residential zoning district and Shoreland District. A single family residential structure is considered a permitted use for both lots regardless of the lot size since a residential structure has been in existence on the site prior to the City's zoning and subdivision regulations. Applicable Section 153.09 Exceptions to Platting. Codes: Subd. B. Lot line adiustment. A lot line adjustment is a division of land which results in no more than 4 parcels wherein each resultant parcel does not comply with the city's minimum lot dimension and/or public road frontage requirements for the zoning district in which the land is located. [Note: a lot line adjustment is exempt from compliance with all ofthe platting and subdivision requirements and can be approved administratively by the City]. Section 150.255 Shoreland Standards. Subd. (B) Lot area: no sewer. The chart outlines that non-sewered riparian lots on recreational development lalces in the R-1 zoning district are required to have a 1.5 acre minimum lot size. Findings & General Site Overview Site Data: 8186 Hill Trail North Existing Lot Size: 0,45 acre (19,530 square feet) Existing Use: Single Family Dwelling Existing Zoning: R-1, Shoreland District Property Identification Number (PID): 09-029-21-23-0003 Legal Description: Lot 3, Block 1, J.L. Cohn Subdivision, Washington County, Minnesota S'1,017d t,--"suraratrays,,y9fPhill Trail: 1)/lion-I?'%--Da'n. Petite (C. Lot Lint- .4(1j tt.vtinctit tau.' l''arianco Reyttest: 8 4 N'orxh Cio Council fet:port; 1-20-0.9 8190 Hill Trail North Existing Lot Size: 0.39 acre (16,913 square feet) Existing Use: Single Family Dwelling Existing Zoning: R-1, Shoreland District Property Identification Number (PID): 09-029-21-23-0004 Legal Description: Lot 4, Block 1, J.L. Cohn Subdivision, Washington County, Minnesota Application Review: Applicable DWELLING, SINGLE-FAMILY. A residential structure designed for or used Definitions: exclusively as 1 dwelling unit of permanent occupancy. HARDSHIP. The proposed use of the property and associated structures in question cannot be established under the conditions allowed by the city's zoning regulations and no other reasonable alternative use exists; that the plight of the landowner is due to the physical conditions unique to the land, structure, or building involved and are not applicable to other lands, structures, or buildings in the same zoning district; and that these unique conditions of the site were not caused or accepted by the landowner after the effective date of the city's zoning regulations. ' LOT, RIPARIAN. A separate parcel of land within a designated shoreland area having frontage along a lake or tributary stream. ORDINARY HIGH WATER MARK OR ELEVATION (0.H.W.). The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For water courses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback. SHORELAND. Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or foliage; and 300 feet from a river or stream, or the landward extend of a flood plain designated by ordinance on a river or stream; whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which j,and 7;,;1if. r-a.". nof ge $ tot LimAdjustment and rariance Request; l 190 and ,S186 Hill Tmil ,Vortlt City Council Report,. 1-20-09 extend landward from the waters for lesser distances and when approved by the Commissioner. Variance An applicant must establish and demonstrate compliance with the variance criteria set Criteria: forth in Lake Elmo City Code Section 154.017 before an exception or modification to city code requirements can be granted. For ease of review, staff provides a three-part breakdown of the definition of "hardship" in Lake Elmo City code to ensure the requests are meeting the spirit and intent of the ordinance, 1. The proposed use of the property and associated structures in question cannot be established under the conditions allowed by the city's zoning regulations and no other reasonable alternative use exists. The applicant has provided a written narrative that contains the reasons for the request, and which provides a response to the variance criteria found in the City Code. In this case, the two affected property owners have assumed the line between their properties was located in a specific location only to find out after the preparation of a new survey that the line is in a different location. Staff has found that the key factors that make this situation unique verses other potential lot splits in the area are 1) difference in elevation between the homes and, 2) the fact that retaining walls have been built and other improvements made based on the assumed lot line location. Proper maintenance of this area to be transferred is also a critical aspect to the request since it is located over a natural drainage way between the two properties. It would be very difficult for the "Parcel A" owner to maintain this narrow strip of land because it would be nearly impossible to access from the adjacent higher ground. Without proper maintenance, which the applicant has been performing for many years, the current drainage patterns could create an erosion problem. There does not appear to be any other options for re -aligning the shared property line in a way that would eliminate the need for a variance. 2. The plight of the landowner is due to the physical conditions unique to the land, structure, or building involved and are not applicable to other lands, structures, or buildings in the same zoning district. As noted above, the applicant has requested a variance because of the topography, retaining walls, and exiting vegetation that are unique to this site. If the two properties were located at the same grade with no significant improvements between them, the physical location of the property line would not be as important. The existing alignment of the property line to be moved is also very unusual because it does not intersect the street right-of-way at a perpendicular angle. The proposed lot line alignment is much more logical since it places the line closer to the midway point between each of the residential structures on the lots. 3. The unique conditions of the site were not caused or accepted by the landowner after the effective date of the city's zoning regulations. Lpi f irtm Page LOI LiYIC Adjust/noir and Variance Request: 8190 and 61 So- flill Trail North City Couuci( Rcport: I-20-09 (cont.) The subdivision creating the two affected lots was approved long before the City's current zoning regulations were adopted. The retaining wall and other improvements pre -date the present property owners, and helped to further create some confusion over the exact location of the line between the two properties. At some point in the past, the lot sizes would have been conforming to the applicable codes; however, the present lot sizes are significantly smaller than the minimum of 1.5 acres required in an R-1 zone and Shoreland District. Based on the information provided by the applicant and the staff comments noted above, it appears that the request meets the criterion for the approval of a variance. Variance Based on our analysis of the review criteria in City Code, staff would recommend Conclusions: approval of the variance request to allow the movement of the internal lot line between 8190 Hill Trail North and 8186 Hill Trail North. Resident Staff is not aware of any resident concerns surrounding the requested variances. One Concerns: resident who received notification called city hall to offer support for the application as he would be out of town and could not attend the meeting. Additional Neither the watershed district nor the DNR provided comment in support or in Inforntation: opposition to the proposed application. The Valley Branch District Engineer noted that the applicant will need to secure a permit from the watershed district for the lot line change. The applicant's have submitted their application. Conclusion: The applicants are seeking approval of the 470 square -foot variance from the lot area requirements of the City's R-1 Zoning District and Shoreland District. Council The City Council has the following options: Options: A) Approve the variance request which would then permit the administrative approval of the lot line adjustment; B) Deny the variance request which would then lead to the denial of the lot line adjustment; The 60-day review period for this application expires on 2-15-09, but can be extended an additional 60 days if more time is needed. Planning The Planning Commission reviewed the application and held a public hearing at its Commission January 12th meeting. No one spoke on the application. The commission Rec: unanimously recommended (6:0) approval of the application. Lond f-ci?-tdilet Trz;i:‘ .;itiLnLh -4til (re, LW. Litie .44111SMICTii and l'oriance Rcqucsr: 8190 anti 3,186 HUI 2iI Cfty Council Report,- 1-20-09 Stcyf Rec: Staff is recommending approval of the variance request to allow a lot line adjustment between the properties located at 8186 and 8190 Hill Trail North that will result in one of the non -conforming parcels to be reduced in area by 470 square feet based on the following: 1. The proposed lot line adjustment cannot be established under the conditions allowed by the city's zoning regulations and no other reasonable alternative use exists. 2. The plight of the landowner is due to the physical conditions unique to the land, and are not applicable to other lands, structures, or buildings in the same zoning district. 3 The unique conditions of the site were not caused or accepted by the landowner after the effective date of the city's zoning regulations. Denial To deny the request, you may use the following motion as a guide: Motion Template: Move to deny the requested variance based on the following findings of fact...(please site reasons for the recommendation) Approval To approve the request, you may use the following motion as a guide: Motion Template: Move to approve the requested variance based on the following findings of fact... (use staff's findings provided above or cite your own) cc: James and Robbi Dillon, Co -Applicant Frederick (Larry) and Carol Paul, Co -Applicant S':1,`or TraU:171iiionRq7--Dition. Pon! Adi 6 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA , RESOLUTION NO. 2009-003 A RESOLUTION APPROVING A VARIANCE FROM THE R-1 ZONING DISTRICT AND SHORELAND DISTRICT MINIMUM LOT SIZE REQUIREMENTS FOR 8186 HILL TRAIL N. WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, James and Robbi Dillon, 8190 Hill Trail North (the "Co -Applicant") and Fredrick and Carol Paul, 8186 Hill Trail North (the "Co -Applicant"), has submitted an application to the City of Lake Elmo (the "City") for a 470 square -foot Variance from the existing lot size at 8186 Hill Trail North to allow the movement of an internal lot line between 8190 Hill Trail North and 8186 Hill Trail North, a copy of which is on file with the City; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.017; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on January 12, 2009; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated January 20, 2009; and WHEREAS, the City Council considered said matter at its January 20, 2009 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the Board of Adjustment makes the following: FINDINGS 1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.017. 2) That all the submission requirements of said 154.017 have been met by the Applicant. 3) That the proposed 470 square foot variance is to allow the movement of an internal lot line between 8186 Hill Trail North and 8190 Hill Trail North to address the maintenance of retaining walls and drainage way. 4) That the Variance will be located on property legally described as Lot 3, Block 1, J.L. Cohn Subdivision, Washington Co., Minnesota, 5) The proposed lot line adjustment cannot be established under the conditions allowed by the city's zoning regulations and no other reasonable alternative use exists. The two affected property owners have assumed the line between their two properties was located in an incorrect location. Previous property owners had made property improvements based on the incorrect lot line location. There does not appear to be any other options for re -aligning the shared property line in a way that would eliminate the need for a variance. 6) The plight of the landowner is due to the physical conditions unique to the land and are not applicable to other lands, structures, or buildings in the same zoning district. The site is unique. The difference in elevation between the homes, the necessary maintenance of the built retaining walls, and the maintenance of the drainage way to prevent erosion problems make this a unique situation. The lot line adjustment would provide legal access for the southerly property to continue the maintenance of this area. 7) The unique conditions of the site were not caused or accepted by the landowner after the effective date of the city's zoning regulations. The subdivision creating the two affected lots was approved before the City's current zoning regulations were adopted. Although the lot sizes would have been conforming to the minimum lot size at some point in the past, the two lots are now significantly smaller than the minimum 1.5 acres required in an R-1 zone and Shoreland District, CONCLUSIONS AND DECISION Based on the foregoing, the Applicants' application for a Variance is granted. Passed and duly adopted this 2Ow day of January 2009 by the City Council of the City of Lake Elmo, Minnesota. Dean A. Johnston, Mayor ATTEST: Craig Dawson, City Administrator 8190 Hill Trail North . JINNI .011, 111011, LsLi L. IIil9i 1 I I ...... ST WLY CORNER OF LOT 3 (1.10ro6 PLAI) 41=103°16.17" R=3.3. 00 -------- L =59. 4.9 DECORATIVE BRICK EXISTING ROUSE 8190 HILL TRAIL N. 41' -.1 PARCEL A ehrt I IA v EXISTINO HOUSE 8185 HILL TRAIL N, ,>14.UPL. 57,4,4/ 7°54 '52"Wr 'LY LINE / OF LOT 4 4i"./ 4 t. I Lot 3: Frederick and Carol Pull 8185 Hill Troll N. Lake Elmo, MN 55042 Phone: (651) 779-D607 Lot 4: James and Rabin Dillon 8190 Hill Troll N, Lake Elmo, MN 55042 Phone; (651) 773-9152 I FUND CMP Denotes corrugated metal pipe EB Denotes electric box 04.1 Denotes electric meter GM Denotes gas meter ST S Denotes storm sewer CRAB Denotes Crabapple tree MPL Denotes Maple tree EXISTING PROPERTY DESCRIPTION Lot 3, Block I, J.L. COHN SUBDIVISION, according to the recorded plot thereof, Washington County, Minnesota. pRoppst-ci DFSCRIPTION OF PARCEL A That port of the Lot 3, Block I, J.L. COHN SUBDIVISION, according to the recorded plat thereof, Washington County, Minnesota, lying north of a line described as commencing ot the most westerly corner of sold Lot 3; thence South 10 degrees 27 minutes 52 seconds East, assumed bearing, along the westerly line of said Lot 3, a distance of 71.30 feet to on angle point in said westerly line of Lot 3; thence South 19 degrees 30 minutes 52 secondEast, along sold westerly line ot Lot 3 o distance of 29.30 feet to the point of beginning of the line to he described; thence South 84 degrees 45 minutes 54 seconds East o distance of 92 feel more or lees la the westerly shoreline of Lake Dementreville and said line there terminating. EXISTING PROPERTY DESCRIPTION Lot 4, Block 1, J.L. COHN SUBDIVISION, according to ',he recorded plat thereof, WoshIngton County, Minnesota. PROPOSED DESCRIPTION OF FARCE' B Lot 4 and that part of Lot 3, Block t, J.L. COHN SUBDIVISION, according to the recorded plat thereof, Washington County, Minnesota, lying south of a fire described se commencing at the most westerly corner at sold Lot 3. thence South IO degrees 27 minutes 52 seconds East, assumed bearing, along the westerly line of sold Lot 3, a distance of 71,30 feel to dn angle point In sold westerly line of Lot 3; thence South 19 degrees 38 minutes 52 seconds East, along Sold westerly line of Lot 3 e distance of 29.30 feet to the point of beginning of the line to be described; thence South .84 degrees 46 minutes 54 seconds East o distance of 92 feet more or less to the westerly shoreline of Lake Dernentreville and sold line there terminating ROTES 1.) Visibleabove ground evidence of utilities Is shown hereon per field location. 2.) Contoot GOPHER STATE ONE CALL ot 651-454-0002 (800-252-1166) for precise onslte location of utrIties prior to any excavation. 3.) This survey was prepared without the benefit of current title work. Easements, appurtenances, and encumbrances may exist In addition to those shown hereon, Thls survey is subject to revision upon receipt of o current title Insuronce commitment or attorney's title opinion. 4.) Areor, Lot 3 19,530V- Sq. Ft. Parcel A 19,06071- Sq, Ft. Lot 4 w 14,91371. Sq. Ft. Parcel 9 I7,3831'- $q. FL Part of Lot 3 to be acquired = 47071 Sq, Ft, 5.) Survey coordinate bosis; Washington County Coordinate System, 20 SCAL I hereby certify that this survey, pion, or report was prepared by me or under my direct supervision and ihot 1 orn 0 duly Licensed Lond Surveyor under the lows of the Stole of Minnesota. Dated this 2nd day of December, 2008, SUNDE LA0SURYY1NC, LLC, Ssott J. SooI0p, P.L.S. nn. LI% No, 17256 I Meter. 10808 Mowing Tateb • LOT LINE ADJUSTMENT FOR: JIM DILLON Orookhrt Pew', 1101, 763-794-9346 20 40 Pod90412008- 274 Okftr 0 f 2/.11 tOrria: 02,/2/1008 rr,..sA0:29 Rooge: _SocIrorn0.9 Fern 2soo27saorotes of Vain 0111co: I SUNDE Pool rent Dawning Ion Freirea, WV) • Soli. 118 I LAND SURVSYING 42-581:s.5,:rrh°F.w;Ig55:-:-°2"T'l w..........,..1.,,,cmn, City of Lake Elmo DEVELOPMENT APPLICATION Comprehensive Plan Amendment 1 Variance * (See below) E Zoning District Amendment El Text Amendment CI Flood Plain C.U.P, Conditional Use Permit LJ Minor Subdivision El Lot Line Adjustment n Residential Subdivision Sketch/Concept Plan Conditional Use Permit (C.U.P.) D Site & Building Plan Review APPLICANT: TELEPHONES: FEE OWNER: TELEPHONES: Fee $ FORM Residential Subdivision Preliminary/Final Plat O 01 - 10 Lots O 11 - 20 Lots O 21 Lots or More [I] Excavating & Grading Permit Ej Appeal 0 PUD Frederick Paul 8186 Hill Tr. No. Lake Elmo, (Nana) (Mailing Address) 651-779-0807 (Horne) (Work) (Mobile) No a) (Mailing Address) (Horne) (Work) (Mobile) Mn. 55042 (Zip) (Fax) (Fax) (Zip) PROPERTY LOCATION (Address and Complete (Long) Legal Description): Lot 3, Block 1, J.L. Cohn subdivision, Washington Co., Minnesota DETAILED REASON FOR REQUEST: See Attachments *VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the Applicant must demonstrate a hardship before a variance can be granted. The hardship related to this application is as follows: See Attachments 41, In signing this application, I hereby acknowledge that 1 have read and fully understand the applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the Citv pertaining to additional apoJjation expense, ILI i 0 v , ...-ki), C. e.......„9._ 1,2,_,, Signature of Applicant ' Date Slpnature of Applicant Date I /22/2004 City of Lake Elmo • 3800 Laverne Avenue North • Lake Elmo • 55042 • 651-777-5510 • Fax 651-777-9615 City of Lake Elmo DEVELOPMENT APPLICATION FORM 0 Comprehensive Plan Amendment 111 Zoning District Amendment 0 Text Amendment LI Flood Plain C.U.P. Conditional Use Permit Conditional Use Permit (C,U.P.) APPLICANT: TELEPHONES: FEE OWNER: TELEPHONES: Variance (See below) 0 Minor Subdivision IK Lot Line Adjustment Residential Subdivision Sketch/Concept Plan 0 Site & Building Plan Review James P. Dillon 8190 Hill Tr. (Name) (Mailing Address) 651-773-9162 651-770-7896 (Home) (Name) (Horne) Fee $ 725.00 ')&'. 5151 C Mt& i1k5- LI Residential Subdivision Preliminary/Final Plat 0 01-10 Lots 0 11— 20 Lots 0 21 Lots or More Lil Excavating & Grading Permit LI Appea lili PUD No. Lake Elmo, (Work) (Mobile) (Mailing Address) (Work) (Mobile) (Fax) (Fax) Mn. 55042 (Zip) PROPERTY LOCATION (Address and Complete (Long) Legal Descript(on): Lot 4, Block 1, J.L. Cohn subdivision, Washington Co. , Minnesota DETAILED REASON FOR REQUEST: See Attachments 'VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the Applicant must demonstrate a hardship before a variance can be granted. The hardship related to this application is as follows: See Attachments_ In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. 1 further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional application of..1 Signature of Appli ant Dale Sign re et Applicant 1/22/2004 City of Lake Elmo • 3800 Laverne Avenue North • Lake Elmo • 55042 • 651-777-5510 • Fax 651-777-9615 This request for a lot line adjustment between Lots 3 and 4, Block 1, J.L.Cohn subdivision, Washington Co., Minnesota, and any required variance is based on the following reasons. 1. A survey was completed on Lot 3 as part of the issuance of a building permit to rebuild the owners home after a fire destroyed the original structure. This survey placed the lot line between Lots 3 and 4 substantially closer to the home on Lot 4 than either .property owner expected. The confusion over this lot line was based on information given to the current property owners by the original property owners, as well as the construction of walls, etc. by the original owners. Due to the confusion arising from the original survey and the information given to the current property owners by the original property owners, a new survey was recently completed (see attached survey to see where the lot line is, and where the property owners are requesting the lot line be adjusted). 2. Due to the topography of the lots, and the placement of walls by the original owners, it is difficult for the owner of Lot 3 to access or maintain that portion of Lot 3 under consideration. Additionally, and due to the information provided by the original owners, the current owners of Lot 4 have maintained,and substantially improved the portion of Lot 3 under consideration for over 18 years. These improvements have included reconstruction of deteriorating walls both on the property and along the shoreline, as well as extensive planting of vegetation and trees. Both of these steps were taken not only to beautify the property, but more importantly, to minimize erosion of the property both overland and along the shoreline. The cost of these improvements to the current owners of Lot 4 have been substantial, to say the least. 3. Adjusting the lot line as requested will more evenly divide the area between the homes on these lots. 4.. This lot line adjustment will result in Lot 4 being less nonconforming. 5. Adjustment of this lot line will not change the use or character of the land involved, or the surrounding neighborhood, in fact it will guarantee its preservation. In closing, .1 would state that the only reason for this variance request is that it will result in Lot 3 being slighlty more nonconforming (approximately 2.4%). Further, the owners of both properties are in agreement that allowing this lot line adjustment is a simple, straightforward solution to resolve any confusion or potential future issues regarding that portion of the property under consideration. Sincerely, Jim and Robbi Dillo ; Applicants and Owners of Lot 4 4<_ and Carol Paul, Co -Applicants and Owners and of Lot 3 Kyle Klatt From: John Hanson UH @barr. Sent: Monday, January O5.2D0Q1U:42AM To; KyleK]att Subject: Dillon/Paul Lot Line Change Thank you for forwarding to me the Variance and Lot Line Adjustment information for the Dillon and Paul lots. All lot line changes require aValley Branch Watershed District (VBVVO)permit. Please inform the permit applicants hoapply for e VBWD permit. A VBWD permit application form can be downloaded from the VBWD's website: www.vbwd.Dra. If you or the applicants have any questions, please let me know. John P.Hanson, P.E. Barr Engineering Company Engineers for the Valley Branch Watershed District 470OWest 77thStreet PN)nneapo|is, K8N55435-48O3 852.832.2622phono 952.832.2801 fax City Council Date: 148/00 Regular mam�J'W ITEM: Review work plan for Wireless Telecommunications Tower Ordinance Update SUBMITTED BY� Kyle Klatt, Planning Director REVIEWED BY: Craig Dawson, Interim City Administrator SUMMARY AND ACTION REQUESTED: The City Council isbeing asked hzreview aproposed work plan related toaproject houpdateUnaCity's Wireless Telecommunications Tower Ordinance, The work plan contains the list ofobjectives reviewed by the Council at its most recent workshop and includes a schedule for performing the tasks required to draft anew ordinance, A six to seven month process is being proposed that would allow for two pubic open houses (one to gather information and another to review a draft document) and would provide for at least two meetings for the Planning Commission tureview the final document before making a recommendation tothe City Councii The proposed schedule allows for some flexibility sothat the City could take additional time on the ordinance ifitisdeemed nemaseary, but otherwise could be completed well }nadvance ofthe moratorium expiration. RECOMMENDATION: Staff recommends that the City Council review the proposed work plan and make any revisions as deemed necessary. SUGGESTED MOTION FOR CONSIDERATION: Nomotion necessary, ATTACHMENTS: 1. Proposed Work Plan for Wireless Communications Tower Ordinance Update ORDER OFBUS|NESO� |ntrnduobon/Report--------------------Kv|eKJatt.PlanningOinacbor Questions from the Council -----....... ....... ........ --'K8aynr&Council Members ' Questions/Comments from the public K8ayorfac§ates Wireless Telecommunications Tower Ordinance Update — Work Plan Prepared by the Lake Elmo Planning Department January 15, 2009 The City of Lake Elmo has adopted a moratorium on the construction of any new wireless telecommunications towers within the City for a period of 12 months. The purpose of the moratorium is to provide the City with additional time to conduct studies and/or to receive engineering input in regard to the effectiveness of the City's current regulations and to ensure that any revisions to the City's current regulations are in compliance with the mandates of the Telecommunications Act of 1996. The Planning Commission has been asked to update the current ordinance, and will be considering the following objectives as a part of this process: • Evaluate current trends in wireless communications industry. • Establish preferred locations for new towers: - Using GIS analysis and other available tools. • Asses community preferences for larger, but fewer towers, or smaller towers that are more densely dispersed on the landscape. • Provide for a streamlined process when new antennas are co -located on existing facilities. • Require location on public sites as first option before other sites can be considered. • Specify design requirements: - Determine whether stealth/camouflaged/or other architectural treatments are appropriate in various circumstances. - Consider setting a maximum height above surrounding trees/structures. • Require a conditional use permit for new towers and include them as a specific use on the district charts. • Identify color preferences for new towers. • Ensure the revised ordinance does not effectively establish a ban on towers within the City. The preliminary schedule for accomplishing these objectives is proposed as follows: Task Estimated Completion Background research - Review model ordinances Review current trends in wireless communications industry Perform analysis of current ordinance Identify and prioritize land and views to be protected Consider outside review of RF issues 3/1/09 Planning Commission review - Input from planning commission Public participation - Open house no. 1 - Review current rules, present research, discuss options - Establish community preferences Complete first draft - Based on model ordinances, public input, and Planning Commission feedback - Planning Commission review of first draft Public review - Open House No. 2 - Presentation of draft ordinance Public response to draft Planning Commission public hearing - Consider recommendation to Council 2nd Planning Commission meeting (optional) - Continue public hearing Further review/refinement of draft City Council action - Adopt revised ordinance - Rescind moratorium 3/9/09 3/25/09 5/11/09 5/11/09 6/8/09 July/August 2009 July/August 2009 City Council Date: January 2U.2OOS REGULAR Item: q. Motion ITEM: Review Financing Optionsfor the Street Capital Improvement Program (C|P)and . Authorization to Proceed on the 2DO9 Street Improvements Feasib[lity Report SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Craig Dawson, Interim City Administrator Ryan Stempoki,Aaa|obant City Engineer Tom Bouthilet, Finance Director SUMMARY AND ACTION REQUESTED: The city council isbeing asked bzreceive options for financing the Street Capital Improvement Program. The council may then baasked hoauthorize TKDAbzproceed with the 2DO9Street Improvements Feasibility Report, The City Engineer will introduce the 5-yearstreet C|Pand detail the street improvement process. A breakdown of the |Voo| street program and the Municipal State Aid System (yNGAG) will be provided. Ehlers and Associates, Inc. will provide financing options to fund the street program, This will include revenue sources and projected city tax impacts, Due to the schedule for the 2009 Street Improvements, staff will be recommending proceeding with the feasibility report if the program is to begin in the 20D9 construction season. BACKGROUND: The Street Capital Improvement Plan historically performed timely improvements tothe city'e etnaet,network. This program included street reconstruction, rec|aiming, overkays, aea|cnaUng. and crack sealing, The last p ' ciwasconnplehed|n2DO8. Streets that have been identified for improvements have been delayed for 2years. VVerecommend that the program beresumed in Z0OQand continued iOthe future tncost-effectively maintain the street network. RECOMMENDATION: Initially, staff is looking for direction from council to.re-establish the Street Capital Improvement Program. |fdirected toproceed, our financial consultant recommends a financing option with aspecial assessment interest rate that ks2Y6 higher than the na|abad debt interest rate, project costs to be 25%funded byspecial assessments, and adebt service with 15year terms. Furthen-noFe, if the program is to begin in 2009, we recommend that the City Council authorize TKDA to complete the 2009 Street Improvements Feasibility Report. SUGGESTED MOTION FOR CONSIDERATION Moveto adopt m Street Capital Improvement Plan financing option an recommended by Ehlers and Associates, Inc. Move to authorize TKDAbr complete the 2009 Street Improvements Feasibility Report in the ATTACHMENTS: 1, 5-Year Street Capital Improvement Plan Map ORDER OF BUSINESS: • Introduction • Report by staff or other presenter Questions from city council members to the presenter Questions/comments from the public to the city council (a maximum of three minutes per question/statement) • Action on motion Craig Dawson, Interim City Administrator Jack Griffin, City Engineer Jon North, Ehlers & Associates Mayor and council members Mayor facilitates City Council c rsr .01,SrtitX3 YALLEYT' iltf0!,t6,61D Laps Elmo Elementary 5-YEAR STREET CAPITAL IMPROVEMENT PLAN IMPROVEMENT YEAR 2009 2010 2012 2013 SEALCOAT YEAR 2009 w a 5 2010 :.. 2011 2012 DMCZZ2 2013 City Hall 3600 Laverne Ave., II 651 777 5510 www.lakeeluw.0i ry Public Works Building 3.15 filed Aver' 651 217-511-1 Fire Stations 35uva51N Lirol uM Are II i 51 770.5eo4 71$001I110.2 425$ laoo aAve II G51 T10,444Z Schools (NIA -Land Junior High Parcels v Subdivisions City Parks Golf Course Lake Elmo Regional Park Reserve Pak (Mice G51 130-036B Lakes 016 0- Map Date: Janualy 2009 Created By TKD4 ENGINEERS • ARCHI I ECiS • PLANNERS City Council Date: January 2O.2OOQ REGULAR Item: IC - Motion ITEM,- Proposal by Urban Lend Institute for Cit/a Participation in Community Research Project SUBMITTED BY: CreigVV. Dawson. Interim City Administrator SUMMARY AND ACTION REQUE3TED� The Urban Land Institute, inconjunction with the Family Housing Fund and the Citizens League, has 'invited the City of Lake Elmo to participate in a project for "creating a protocol for citizens to reach acommon understanding ofthe costs and benefits ofdeva/opment^ Three cities will be selected hzparticipate, and each will have discussion groups of1O10 12 residents. TheCity's obligations are fairly limited, aaidentified inthe invitation Vzparticipate (attached) The City Council should decide whether to Lake Elmo should participate in the project, BACKGROUND: The proposal (attoched)iafairly short and se|l'-evphanatory. The UL|and its partners have received funding from the Lincoln Land Institute, The Quo\ of the project is to develop ^opractice that, over time, will create aculture around problem -solving for the common good and enlightened se/Anharest: 1)enabling cities tomove forward inmeeting changing needs�and 2)with less acrimony and cost." Three selected cities will participate, and the UL| report will identify common themes and findings, Arecent development project ineach city will be the basis for discussion for each group. Results from individual cities will be shared privately with those cities. The model imsimilar toone used bythe Citizens League )nits recent study about property taxes. RECOMMENDATION: )tis recommended that the City Council state that it is interested in participating 'in the UL|study. SUGGESTED MOTION FOP, CONSIDERA77ON Move hrapprove the Citv'sparticipation /nthe Urban Land /notinx&*'ostudy regarding the development ofcommon understandings of development ATTACHMENTS: Urban Land |nstitute'aLetter/Proposal tothe City (December 17`2OO8) ORDER OFBUSINESS: * Introduction • Report by staff • Questions from City Council members tostaff • Questions/comments from the public tothe City Council • Action onmotion \ ` Minnesota Executive Committee John Shardlow, Chair Colleen Carey, Assistant Chair& Treasurer Sarah Harris, Immediate Past Chair Karen Dubrosky, YLG Assistant Chair Ellison Yahner, Communications Chair Carolyn Olson, Inner City Advisor Nick Koch, Membership Co-chair Mary Taylor, Membership Co-chair John Breitinger. Programs Co-chair Robert Close, Programs Co-chair Jay Lindgren, Transportation & Infrastructure Initiative Chair Robert Engstrom, LILI Life Trustee Chris Kennelly, UrbanPlan Chair David Anderson Bake Baker 000ilea*mor Torn Fisher Warren Hanson Mayor Jim Hovland Curtis Johnson M°yv,sxzauom.Kautz m/xomoen nvnncl/mrm»v,Ralph Remington nnw"n/nu.a|u c*r/»vanumvo|yo|anm,»avx Caren Dewar, Executive Director Pat Amst, District Council Coordinator Regional Council of Mayors James Hovland, Edina, Co-rhair Elizabeth Kautz, BurnsvIlle, Co-chair Susan Banovetz, Vadnas Heights John Bergeson, Lino Lakes Chris Coleman, Saint Paul Holly Dahl, Lakeville William Droste, Rosemount Tom Furlong, Chanhassen Randy Gilbert, Long Lake Debbie Goettel, Richfield Mary Hamann -Roland, Apple Valley Bill Harg1s, Woodbury Stan Harpstead, Arden Hills Jack Haugen, Prior Lake Mary Hershberge, Thun, Victoria Jeff Jacobs, Saint Louis Park Dean Johnston, Lake Elmo Craig Klausing, Roseville Steve Lampi, Brooklyn Park Steve Larson, New Brighton Peter Lindstrom, Falcon Heights Mike Maguire, Eagan Sandy Martin, Shoreview Rob Marty, Mounds View Nick Ruehl, Excelsior Tom Ryan, Blaine RT. Rybak, Minneapolis Mark Steffenson, Maple Grove John Sweeney, Maple Plain Gene Winstead, Bloomington Phil Young, Eden Prairie 81 S o*Street, w310 mnnnpaprno.MIwxsuO2 952,47*z177 N1c Craig Oovxoon City Administrator City VfLake Elmo 3800 Laverne Avenue N Lake Elmo, MN 55042 Dear Mr. Dawson: The Urban Land Institute, the Family Housing Fund and the Citizens League invite the City ofLake Elmo to participate in a project of national importance: Creating a protocol for citizens to reach a common understanding of the costs and benefits of development. Amthe econ"rnyand dmrnognephicachange, cities rnuot change too, but the need for change can be difficult for many to accept. Development projects or plans that are proposed with the intent of serving a greater municipal and/or regional good can be controversial and often are opposed by residents. Asa result, cities struggle through bitter and divisive decision -making processes. Our three organizations have teamed up with the goal of developing a practice that, over time, will create a culture around problem -solving for the common good and enlightened self-interest: 1) enabling cities to move forward in meeting changing needs; and Z)w(th less acrimony and cost. The importance of this project has been recognized by the Lincoln Land Institute, which has selected it for funding. The results of this project will therefore be published and shared nationally. The project proposal is attached (please note that it is written using the funders' language and terms), As noted In the proposal, discussion groups often to twelve residents will be convened in three cities of varying size, degree of development, and political va|ues. Residents will be selected for their knowledge of recently completed controversial development. An actual, neoaOt development project will be used as the basis of discussion for three reasons: 1\ so that residents have an experiential base from which to share their v/evvn (which yields far more useful information than o theoretical d|aouss|on)} 2) because evidence will exist for exploring the actual versus perceived costs and benefits; 3\ to eliminate any motives that may derive from influencing the outcome of currant development decision. The lessons from each group will be compared to identify common themes and findings. Lessons from individual cities will be shared privately with those cities. We hope that your city will participate. Participating cities will be expected to: 1. Recru|tpart|c|pantsbvte|ephone(theCibzans|eaguevvU|ass|standprepanaoU materials) and arrange fora suitable location for meetings. 2. Participate in pre -meeting survey (anonymously). 3. Provide information as requested about the development and/or citizen involvement process. 4. City staff may choose to attend the citizen meetings, but will participate only if specific questions arise. 5. Participate in a debriefing with all three cities to discuss lessons and next steps. Just one note: The Citizens League conducted a similar project on property taxes. In the process, a notable, sometimes quite remarkable, improvement in citizens' attitudes toward county government occurred. The Citizens League believes that respectful meaningful processes are fundamental toimproving trust ingovernment, We believe your time will be very well spent. If you would like to participate, please contact Caren Dewar at 612.759.1015 or caren'devvar@u||.ong. If you have questions, please contact Stacy Becker at 651,646.5288, Thanks for your consideration, We hope to get going right after the holidays, Caren Dewar Cc: Sean Kershaw, Executive Director, Citizens League Elizabeth Ryan, Family Housing Fund TOWARD ACITIZENS' LEXICON AND PROTOCOL FOR UNDERSTANDING DEVELOPMENT COSTS AND BENEFITS Economic and community development decisions are among the most contentious of those made by local public officials. Costs and benefits fall unevenly, Equally important for decision -ma king, the perceived distribution of costs and benefits varies considerably— from City Mm||, to immediate neighbors, to regional interests, developers, end users and advocates, The /aoh of a commonly understood net of costs and benefits often results in divisive and protracted battles as perceived interests clash. Moving to e"race tothe top" strategy from a "race to the bottom" strategy may be intended to change the quality and nature of investments, but if improved decision -making processes do not accompany it, the strategy may not succeed. Development and redevelopment decisions are wrapped in the esoteric rules of diverse fields such as finance, transportation, housing, education, and land use planning. As such, the cVrnp|ax rationale behind any given set ofdevelopment decisions is nearly impossible for the average citizen to understand. What citizens do understand |sthat their investment in their homes (which in many ways is the full expression of their values and aspirations — their self-identity, status, property rights, omrnnnun|ty/ their -biggest financial asset) could be impacted. Local o[�cia|ooftancite °rea1denta"aoakey barrier todeve|Vpnnentdecisions; their solution Is to "educate" rey|denta. The typical development process includes neither a shared understanding of costs and benefits nor a protocol through which they can be explored. The processes themselves may give rise to NIMBY|srn. This research project will produce findings that can be used to develop a citizens' lexicon of costs and benefits as well as protocol for exploring them. The methodology for developing the lexicon and protocol will build on one tested by the Citizens League in its highly successful Property Tax Facts project. (See vvvvw.Prooertvtaxfacto.nnn.) . Local officials in Minnesota have struggled for years to explain the complicated property tax system to c|Uzens. In a survey (with a 9596 response rate), the Citizens League discovered that citizens overwhelmingly want to better understand the benefits oftheir taxes —the costs were clear but the benefits were not. Instead of assuming what taxpayers should know, the project asked participants what they wanted to know. Turning the question "inside out" yielded important information about how to communicate a very complicated subject matter. Evaluations showed that participants learned n great deal. Moreover, attitudes changed, in some cases from hostility toward their county government to support. Based on the participants' input, a web -based information tool for school referenda was created. It was well received and well used (5,000 hits in one week; 85% of respondents said they learned some or a lot, and 5496 said it influenced their vote). A more extensive web tool, for use by cities, counties and school districts, is now being developed. This proposed research project will employ a similar methodology to answer the h)Uovv|ng * To what degree are residents' actions and views driven by self-interest? Lack of information? Different sources of information? Distrust of the process or "official" information? Broader neighborhood concerns? * Which interests do residents identify in development projects, and what are those interests? Whose interests do they believe are the strongest and/or most impacted? Whose interests do they be/leVeahou|d have the greatest importance in decision - making? Whose interests are best served? Where do these interests overlap? Conflict? What factors do residents most identify with on a broader community scale —where do the self and cmnnnnon interests most intersect? � What information or process would better lead to outcomes identified with the common good? To obtain this information, discussion groups often to twelve residents will be convened in three cities of varying size/ degree of development, and political values. Residents will be selected for their knowledge of recently completed controversial development. An actual, recent development project will be used as the basis ofdiscussion for three reasons: 1) so that residents have an experiential base from which to share their views (which yields Far more useful information than m theoretical discussion); Zl because evidence will exist for exploring the actual versus perceived costs and benefits; 3) tmeliminate any motives that may derive from influencing the outcome of current development decision. The lessons from each group will be compared to identify common themes and findings that can form the basis for a lexicon of costs and benefits and o protocol for building a shared understanding of them with residents. The Citizens League will conduct the project, in partnership with the individual cities, the Regional Council of Mayors formed under the Twin Cities' District Council of the Urban Land lnst)tute, and the Family Housing Fund, The Citizens League provides mnasset critical to the success of this project: credibility. It is a nonpartisan organization with no vested interest in the outcome other than improving citizen involvement processes. The Twin Cities makes anexcellent testing ground for this project. 8sone ofthe few regions with tax -base sharing and strong metropolitan governance, lthas long been viewed as a region that has been able to act on a common basis. Yet it is a highly fragmented region mfmore than ZOO cities (in the seven -county pno±rupm|\tan area alone, with scores more in the broader thirteen -county MSA). At a recent Citizen Lemgue's regional policy conference, leaders from across the region expressed their top priority as building a new more proactive citizenship grounded in a regional identity. Race to the top strategies will inevitably require some degree of regional cooperation. It is hard to imagine that the greatest net benefit would be produced by executing these strategies solely within the confines ofhundreds qfindividual cities. Inthe absence of regionally understood benefits of acting in common, important investments such as those envisioned in a race tothe top are less likely to be made.