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Sept 1st 2009 council packet
City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota September 1,2009 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: 1. Approval of the August 18, 2009 City Council minutes 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. I. 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 Resolution No. 2009-036 approving variance request by Vernon and Vicky Reichow for construction of a porch at 8618 Ironwood Trail 4. Approve Resolution No. 2009-037 allowing construction of detached garage to be located closer to the road right-of-way than the existing house at 4633 Birchbark Trail N. J. REGULAR AGENDA: 5. Adopt Resolution No. 2009-038 setting proposed tax levy collectible in 2010 6. DeMontreville Trail shoulder widening/trail options as part of the Washington County Reconstruction and Tumback Project 7. City Administrator Contract—if ready K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) Mayor and City Council • Administrator • Planning Director K. Adjourn DRAFT City of Lake Elmo City Council Minutes August 18, 2009 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, Park(arrived 7:03 p.m.), and Smith (arrived 7:03 p.m.). Also Present: Interim City Administrator Dawson, Planning Director Klatt, City Engineer Griffin, City Attorney Snyder, Finance Director Bouthilet and City Clerk Lumby. APPROVAL OF AGENDA: MOTION.- Council Member Emmons moved to approve the August 18, 2009 City Council agenda as presented. Council Member DeLapp seconded the motion. The motion passed 3-0. ORDER OF BUSINESS: GROUND RULES: APPROVED MINUTES: The August 4, 2009 City Council minutes were approved by consensus. PUBLIC COMMENTS/INQUIRIES: Cameron Barry,4920 Olson Lake Trail,voiced his support for construction of a walking path for safety along CSAH 13. CONSENT AGENDA: MOTION: Council Member DeLapp moved to approve the Consent Agenda as presented. Council Member Emmons seconded the motion. The motion.passed 3-0. • Approve payment of disbursements and payroll in the amount of$141,031.13 • Declare M&K Development, LLC, in default of in the development agreement for the Farms of Lake Elmo subdivision and to authorize all available remedies to cure the default • Approve the purchase of a 2009 Dodge 550 cab/chassis and components not to exceed $84,375.00 (plus tax and license) LAKE ELMO CITY COUNCIL MINUTES August 18. 2009 1 i • Award contract for the 2009 Crack Sealing Project per the Engineer's letter of recommendation for the award of contract to Gopher State Sealcoat, Inc. in the amount of$25,200. Resolution No. 2009-035 setting date for sale of bonds for 2009 street improvements Interim City Administrator Dawson reported the construction will begin the last week of August for the City's 2009 Street Improvement Program and the reconstruction of the entry and parking lot at Tablyn Park. In order to finance these improvements, the City needs to take formal action by Resolution to set the sale of the bonds, which would be scheduled for action at the October 6, 2009, Council meeting. Paul Donna,Northland Securities, presented the City with an award for Standard and Poor's AA rating. MOTION: Council Member DeLapp moved to approve Resolution No. 2009-035, A resolution setting the date ofsale for General Obligation Improvement Bonds, Series 2009B and authorize consultant provide alternate lower cost financing structure. Council Member Smith seconded the motion. The motion passed 5-0. Consider an application to allow construction of a covered porch five feet into the required 30 foot front yard setback at 8618 Ironwood Trail N. Kelli Matzek, City Planner,reported on the variance request from Vernon and Vicky Reichow to allow the construction of a covered porch five feet into the required 30 foot front yard setback at 8618 Ironwood Trail N. The existing house currently is located eight feet from the setback line, but the attached garage extends to the setback line. The applicants are proposing to add a foyer, which meets the setback. The covered porch would encroach five feet into the front yard setback. Staff and Planning Commission recommended denial of the variance application as the applicants have eight feet in which to construct a permitted addition to their house. MOTION: Council Member DeLapp moved to approve the variance requested by Vernon and Vicky Reichow for construction of a porch at 8618 Ironwood Trail subject to four conditions. Mayor Johnston seconded the motion. The motion passed 5-0. 1. The roof and roof eave will not extend more than 4 feet further into the front yard setback than permitted by Code. 2. Dimensions and materials of the new work will not vary from the submitted drawings,which show the height of the roof and the design as being compatible with the existing house as being remodeled. 3. The work will not endanger the health of the mature surface maple in the front yard. 4. The porch will not have walls. LAKE ELMO CITY COUNCIL MINUTES August 18, 2009 2 Council Member DeLapp provided six Findings of Fact reflected in the resolution being prepared for approval by the City Council. MOTION. Council Member DeLapp moved to amend the motion to direct staff to proceed with amending the City ordinance defining permitted encroachment to the front yard setback in recognition of inconsistent policy over right-of=wuy widths local roods serving houses built before and after about 1996 Council Member Park seconded the motion. The motion passed 5-0. A variance is needed as long as the code is in effect and the variance fee application has been paid by the applicants; therefore, a resolution approving the variance will be on the September I st City Council agenda for Council approval. Lanes DeMontreville Country Club Addition—Request to Order the Preparation of Feasibility Report for Sanitary Sewer and Water Improvements Craig Dawson,Interim City Administrator, reported the City has received a request from Roger Johnson, 8048 Hill Trail North,that the City Council order a feasibility report for sewer and water improvements to the Lanes DeMontreville Country Club Addition The properties in question are located outside the planned municipal service boundary for sanitary services per the Comprehensive Plan. In addition,there is not a current plan by the City to extend municipal water to this area. The petition area is about 1,500 feet from the Oakdale City limits, and about 3/4-of a mile from the nearest Oakdale sewer connection point. Roger Johnson stated he wanted to move forward because of the reconstruction work being:done on 50t' Street and, if delayed,this project would end up costing more. As far as the number of potential failing systems,Johnson said he was advised that septic systems over 25 years old were failing systems. When Council Member Emmons asked if he had information verifying lake quality,he' said he could not find any information that lake quality was being affected. City Engineer Jack Griffin noted that he has talked at staff level with the City of Oakdale, and they would be willing to hookup Lake Elmo residents. Kathy Lohmer, 8199 Hill Trail N,voiced her concern on cost of the project to the residents and was told when the City reconstructed Hill Trail N. sewer installation was 20-30 years in the future. Council Members Emmons wanted to ensure the character of neighborhood for long term and questioned what the Council's response would be in the future for areas asking for sewer when this area has been sewered. Council Member Smith voiced her concern on where the City would draw the line on requests for sewer from other neighborhoods. LAKE ELMO CITY COUNCIL MINUTES August 18, 2009 3 MOTION: Council Member Park moved to adopt the Resolution ordering the preparation of preliminary cost study far sanitary sewer to the properties of the Lanes DeMontreville Country Club Addition. The initial study would be completed in an amount not to exceed$2,000 which would be paid by the residents in the neighborhood wanting the study. -The motion failed 2-3; (Council members DeLapp, Emmons, Smith voting against). Consider authorizing the Interim City Administrator to enter into a project agreement with the VBWD to;repair an eroding,ravine and to prevent sediment from washing into Lake'DeMontreville Kelli Matzek, City Planner, reported on the proposed project agreement with the Valley Branch Watershed District to repair an eroding ravine and to prevent sediment from washing into Lake DeMontreville. The project will take place entirely within the City- owned DeMontreville Wildlife Park to address erosion issues that occur largely due to the intermittent stream at the site. A grading permit has been received and reviewed administratively as it's considered a public improvement project. The Assistant City Engineer has reviewed the proposed grading and found the project and resulting grades to be acceptable. MOTION. Council Member Smith moved to authorize Interim City Administrator to enter:into the Project Agreement with the Valley Branch Watershed District to perform ravine restoration workat DeMontreville Wildlife Park based on the staffs recommendation of approval with the four conditions. Council Member Emmons seconded the motion. The Motion passed 5-0. MAC recommendation on further investigation to purchase 100-foot ladder truck At its August 12,2009 meeting, the Maintenance Advisory Committee recommended the Fire Chief and representatives not travel to Kansas City to review the used 100-foot ladder track because it is half the cost of a new unit and had no warranty. MAC recommended the Fire Department get specifications and preliminary pricing for a new 100-foot ladder truck with bucket. The Council asked:staff to schedule a workshop where they could come up with a new orderly replacement plan for Lake Elmo fire vehicles and equipment. The meeting was adjourned at 9:30 p.m. Submitted by Sharon Lumby, City Clerk Resolution No. 2009-035 Set date of sale for GO Improvement Bonds, Series 2009B LAKE ELMO CITY COUNCIL MINUTES August 18, 2009 4 City Council 9/1/2009 CONSENT Item: 2 ITEM: Approve disbursements in the amount of $ 117,460.16 SUBMITTED BY: Tom Bouthilet, Finance Director Claim# Amount Description ACH $ 7,305.67 Payroll Taxes to IRS 08/27/09 ACH $ 1,203.46 Payroll Taxes to Mn Dept.of Revenue 08/27/09 DD2360 - DD2374 $ 18,684.59 Payroll Dated 08/27/2009 (Direct Deposit) 34597 - 34605 $ 2,822.49 Payroll Dated 08/27/2009 (Payroll) 34606 - 34651 $ 87,443.95 Accounts Payable Dated 09/01/2009 Total: $ 117,460.16 SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve disbursements in the total amount of $117,460.16 0, 00000 MOB - to 00O C00 N IDS N% N h Otn ID O 'V GO �p tnhO O NhhNO� Oh ON MO OO100M r-% %CG 00S00 - N \0 (V 00NON OM O ooc f1h Nl- dtn -e V dr N Nt+1 vl M 00C C hl Vl \O C+ �^ \0 to e� OO� NN0000 C. 00 �OetOO� to I, •- CAM �OM � �n v� OeN c� C V O O O g g C~ m e F a U a Q c C O rn .C. al vi G Von� 0 0 �a a m ;o ya cn L N tV F Q 'C C C ^ O ODUUU G fc rs fa 'a T ci f) t i O O O O L h 0 0 E• E I L 0 = U^ to Y O 1.• v N0.; r-, rn>,A>,>,•— {J .0 1 1 s�( tz] is i? •c' O O c a=i r=i 0 h � V � � � fri u," vi� o 0 0 o OL Q V � C � vSi c ci E" o ii > i = Cs S3 _ u o v cLa m c`d 3 u Q cs b d cn LO v) zn v�iZZcn. cncncnQP. bFna't� � � Q ¢ 43C] DLlO-� oA EL -v r lu V V V Cr Ob y c C C O L] F c C u a. _ L A a c Q Z o L n .L J) rr F t0 CL y Z i •'J• CO N CJ y c ^ y N f-Q W V a U 0 .0 O O LP z G G.COX Ln U" LVL+ GM1C' C U y c O r �` O U V•; 'm r7 N 0 (Ag v Q o Q V y i"' U N = '4) L C: •y .� _ '..' 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OO N N N N N N 00 000 00 M m m q 0 0 � z 7 � 00 Q � �� O COMA iy �. ti p C!-�_ � � O [i � '� d 5c�di E•-� O O o�O cq 17, Gl 00 O H rn 07 00 Old fu O CJS O O O P I mM yNj o vl PC1 .u.. CCie cn00 4� a O GC -t fq O � In City Council Date: 9/01/09 CONSENT Res. No. 2009-036 Item: ITEM: Consider approval of Resolution 2009—036 approving a five foot variance for construction of a covered porch into the required 30 foot front yard setback at 8618 Ironwood Trail North — R-1 zoning—PID 21-029-21-12- 0028. SUBMITTED BY: Kelli Matzek, City Planner REVIEWED BY: Craig Dawson, Interim City Administrator Kyle Klatt, Planning Director SUMMARY AND ACTION REQUESTED The City Council is being asked to approve Resolution 2009—036 for the five foot front yard variance application at 8618 Ironwood Trail North. The City Council discussed and approved the variance at the August 18th City Council meeting. The findings and conditions of approval were identified by the Council at that time and approved as such. However, as a draft resolution of approval was not presented at that time, staff is bringing forward the official resolution to be approved by Council at this subsequent meeting. ATTACHMENTS (1): 1. Resolution of approval 2009-036 c CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2009-036 A RESOLUTIONAPPROVING A VARIANCE FROM THE 30 FOOT FRONT YARD SETBACK REQUIRED IN THE R-1 ZONING DISTRICT TO ALLOW THE CONSTRUCTION OF A COVERED PORCHAT 8618 IRONWOOD TRAIL NORTH. WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS,Vernon and Vicky Reichow, 8618 Ironwood Trail North (the "Applicants"), have submitted an application to the City of Lake Elmo (the"City") for a five foot variance from the 30 foot front yard setback at 8618 Ironwood Trail North to allow the construction of a covered porch, 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 August 10, 2009; and WHEREAS, the Lake Elmo Planning Commission has submitted its recommendation to the City Council as part of a Staff Memorandum dated August 18, 2009; and WHEREAS, the City Council discussed the application at its August 18, 2009 meeting. NOW, THEREFORE,based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said 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 setback variance of five feet is to allow the construction of a covered porch at 8618 Ironwood Trail North. 4) That the Variance will be located on property legally described as Lot 8, Block 3, Tablyn Park,Washington Co., Minnesota. 5) The variance will allow the original rambler to meet the intent of current City policies encouraging covered front porches at the principle entrance to houses and having the front porches closer to the paved street than the garage doors. 6) The variance would not be required if the house were located in the majority of subdivisions created in the past 10 years,which have 50 foot street rights-of-way as compared with the 60 foot rights-of-way in older developments. 7) The applicants have provided written demonstration that Lake Elmo residents in older, smaller lot developments in the City are supportive of having equal land use rights as those in Open Space developments and Carriage Station,which allow construction closer to the near edge of City roads, due to the smaller street right-of-way distances. 8) The applicants.could build the proposed porch with a four foot(or greater) aluminum awning extension which would be incompatible with the house design, the character of the neighborhood, the intent of City policy,but not require a variance or be inconsistent with the Code. 9) Construction of the work requiring a variance will not increase the site impervious surface coverage, as the floor is allowed; will not increase the impact of the free flow of air, as an aluminum awning extending the final four feet into the setback would have the same minimal impact; and the existing maple tree will remain the primary visual feature of the property. 10)The proposed covered-porch would be in keeping with the neighborhood as the single family residences in the established neighborhood are designed to create entrances to the homes facing the roadway. In addition, the architectural design presented would enhance the neighborhood. 11)The City will revisit the section of code regarding permitted encroachments to the front yard setback. WITH THE FOLLOWING CONDITIONS: 1. The roof and roof eave will not extend more than four feet further into the front yard setback than permitted by code. 2. Dimensions and materials of the new work will not vary from the submitted. drawings, which show the height of the roof and the design as being compatible with the existing house as being remodeled. 3. The work will not endanger the health of the mature sugar maple in the front yard. 4. The porch will not have walls. 1 I I i CONCLUSIONS AND DECISION Based on the foregoing,the Applicants' application for a Variance is approved. Passed and duly adopted this I"day of September 2009 by the City Council of the City of Lake Elmo, Minnesota. Dean A. Johnston, Mayor ATTEST: Craig Dawson, Interim City Administrator I City Council Date: 9/01/09 CONSENT Resolution No. 2009—037 Item: ITEM: Consider a request to allow construction of a detached garage to be located closer to the road right-of-way than the existing house and attached garage by 26 feet on the 0.79 acre parcel at 4633 Birchbark Trail north. REQUESTED BY: Ronald Warner, Property Owner SUBMITTED BY: Kelli Matzek, City Planner REVIEWED BY: Craig Dawson, Interim City Administrator Kyle Klatt, Planning Director SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider approving a resolution to allow the construction of an accessory structure to be located 185 feet from the road right-of-way at 4633 Birchbark Trail North. This location, while it meets the setback requirements of the R-1 zoning district, would place the new detached garage at a location closer to the road right-of-way than the existing house. The proposed 624 square-foot garage is proposed to replace two existing temporary fabric buildings (each 288 square feet) in the same location. The zoning ordinance only allows a detached accessory building to be located closer to a front lot line than a principal building upon approval by the City Council. In this case, the property owner will be replacing two temporary structures with a permanent structure to enclose equipment such as a boat and pontoon. This action does not require Planning Commission consideration nor does it require notifying adjacent property owners. The existing house and attached garage are over 200 feet from the road right-of-way. The existing temporary buildings, which the applicant is proposing to remove and replace with the proposed detached garage, are currently located closer to the road right-of-way than the existing house and attached garage. No additional impervious surface is added to the site as the proposed detached garage would be replacing the existing temporary structures in their current location. The applicant's submittal to allow the new detached garage to be built closer to the road right-of- way than the existing house would not be out of character for the neighboring properties nor would it impact traffic. Staff finds that this request is permissible under the code and that the location of the new garage would not negatively impact neighboring properties as it is heavily screened by trees and the adjacent neighbors also have detached buildings closer to the right-of- way than the home. This is not a request for a variance, so the applicant does not need to demonstrate a hardship. RECOMMENDATION Based on our analysis of the request, staff is recommending approval of Resolution 2009-037 to allow the construction of a detached garage 185 feet from the right-of-way at 4633 Birchbark Trail North. 1 APPLICABLE SECTIONS OF CODE • Section 154.092, Subd.l "No detached garages or other accessory buildings in residential districts shall be located nearer the front lot line than the principal building on that lot, except in AG, RR, and R1 districts where detached garages may be permitted nearer the front lot line than the principal building by resolution of the City Council, except in planned unit developments or cluster developments." ATTACHMENTS: 1. Resolution 2009—037 2. Location Map 3. Applicant's Narrative 4. Site Plan 5. Aerial image of site. 2 'o CITY OF LAKE ELMO WASHINGTON COUNTY,MINNESOTA RESOLUTION NO. 2009-037 A RESOLUTION APPROVING THE PLACEMENT OF A NEW DETACHED GARAGE CLOSER TO THE ROAD RIGHT-OF-WAY THAN THE EXISTING HOUSE AT 4633 BIRCHBARK TRAIL NORTH WHEREAS,pursuant to Section 154,092 Subd- I of the Lake Elmo Municipal Code,Ronald and Mary Ann Warner,the property owners,have requested approval to place a new detached garage closer to the road right-of-way than the existing house and attached garage by 26 feet at 4633 Birchbark Trail North,in accordance with plans received by staff August 26, 2009. WHEREAS,the location of the proposed detached garage is appropriate as it is consistent with other detached garage setbacks in the neighborhood,is screened from the road right-of-way,would avoid the removal of shoreland vegetation, and is in keeping with the character of the neighborhood. NOW,THEREFORE,BE IT RESOLVED,that the City Council fox the City of Lake Elmo hereby grants permission for construction of anew detached garage 185 feet from the road right-of-way on the property at 4633 Birchbark Trail North. ADOPTED,by the Lake Elmo City Council on the I" day of September, 2009. Dean Jolulstoii, Mayor ATTEST: Craig Dawson, Interim City Administrator • f"N ge wi ii P,2 Kq; to ok -'�a�'�.,'�,�� AAA ;���, +LE7{�■e■e Location of detached garage This request is to locate a detached garage behind an existing attached garage. This location is approximately thirty feet closer to the street on the lot. in this location the proposed garage will be set back 130 feet from the road. The entire front of my property is wooded. Thus the proposed garage will not be seen from the road due to the tree cover. The location of the garage will preserve the existing trees located on the lot. My immediate neighbors to the north and south both have detached garages. Both are located behind their homes. Their garages are located about the same distance to the street as the detached garage I am proposing. There isn't sufficient space on the north or south side of my home to consider the placement of the proposed garage. The north side of the house has an attached deck and a number of trees that buffers the house from the neighbor. On the south side of my home a septic line runs around the side of the home. 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'17_ ' h�5 t �rb+k S'h! - d R + y �{ � A `k' 'as _ � y �• a `��yr v i� £ ,. 01"AqN ;i' �tja",? l rf c!di_M r a '4r ,� .�-i +F .y I�,���,r � p i a +�,.L_ _ }�r�, I _�@ p. ti,7r �Fac ,. Y} 1 � ',.�R ,js� ��, �irS. i .�*.�'c#.'`'J G C .* i�► N fh !' 6 1',N, i�,sk k e _E im MI.t4 5 ^� W ii r 1 '_��e 7� �dy (h - J J� �r J N r a 6 IR 5m.-a iy st r a j �L r 1 �rtte'� .7, td 6 drt4 AW f J° 5f xr L sd e r 4C a k rV., f -C +"I >,'ai t - ! _-�� 4. 'l�r r sr�� _ e ` 4h y{ AW �' _S �' r r a r�.wF G+F JaRM,MEti _ aJt.G 3r - t� d W. I ale U: �C� fag catl }S'�a s� I'atle ec.y"[date. #1pr, 01 L. 5" '11`58.5€3" Eye Bit. 4Q&� e ew $4•.i.Mr fir. City Council Date: September 1, 2009 REGULAR Item: Motion ITEM: Resolution Setting Proposed Tax Levy Collectible in 2010 SUBMITTED BY: Craig W. Dawson, Interim City Administrator Tom Bouthilet, Finance Director REVIEWED BY: Joe Rigdon, Finance Specialist SUMMARY AND ACTION REQUESTED: As part of the statutory process for setting a budget and tax levy, the City Council must adopt a resolution setting the proposed tax levy by September 15. As part of this resolution, the Council must also approve a proposed budget and set a "public meeting date" for public comment on the proposed budget and tax levy after Thanksgiving. Based upon Council discussion at the August 25, 2009, workshop, a resolution has been prepared for the Council to set the proposed (i.e., not-to- exceed) tax levy payable in 2010. BACKGROUND: During its 2009 session, the Legislature made modifications to the"truth-in-taxation" process, but key features remain. They include: • Adoption of a proposed tax levy by September 15. The Council's final levy may not be greater than the proposed amount, but it may be less. • Adoption of a proposed budget by September 15. The proposed budget is a technicality in the process, as the Council may change it at any time between September 15 and eventual adoption by late December. • An announced date for a public meeting where there will be public comment during the Council's discussion of the budget. This year, this meeting must occur between November 25 and December 26. It is no longer required that there be a special meeting date with the proposed budget and tax levy being the only item of business, nor on a date that does not conflict with other local taxing authorities. The first regularly-scheduled Council meeting during this timeframe is December 1. At its August 25 work session, the direction from the Council was to set the proposed tax levy at the maximum allowed by the levy limit statute. This action would give the Council maximum flexibility in determining the final tax levy to support the final budget for 2010. The increases to the levy for 2010 would be: General Levy $ 28,660 2008 MVHC Unallotment $ 19,365 2009 MVHC Unallotment $ 35,475 $ 83,500 Levy Limit Maximum Existing Bonds 407 2009 Street Improvement Bonds 51,000 (Special levies, not subject to levy limits) $134,907 Total levy increase (4.98% over 2009) Note that the General Levy figure is greater than the simple 0.83% levy limit increase of$19,357 that has been presented to Council to date. On August 26, the State's certified levy limit for cities became available, and the amount shown was $2,360,790 an increase of$28,660. This additional amount is due a lag in the formula which also includes additional growth in commercial development. Given the Council's direction to set the proposed levy to the maximum allowable, this revised number is shown as the General Levy increase. Note also that the amount for the street improvement bonds is an estimate slightly higher than what is expected to be due. This amount may also be lowered based on the results of the bond sale in October. Resolution Setting Proposed Tax Levy Collectible in 2010 September 1, 2009, City Council Meeting Page 2 The 2010 proposed budget is presented in summary form, and reflects the recommended budget presented by staff at the August 11 work session. It has been revised to show the levy limit and unallotment increases as transfers to other funds(e.g., to capital funds). As mentioned above, the Council plans to discuss the budget further over the next few months, and will likely have several revisions for the proposed budget to be discussed during the "public meeting" on December 1. RECOMMENDATION: Staff recommends that the Council adopt the proposed resolution. SUGGESTED MOTION FOR CONSIDERATION Move to adopt the Resolution Approving the Proposed Tax Levy Collectible in 2010 and the Proposed General Fund Budget for 2010, and Setting the Public Meeting on the Budget for December 1, 2009. ATTACHMENTS: • Proposed Resolution • Summary of Proposed 2010 General Fund Budget ORDER OF BUSINESS: • Introduction Craig Dawson • Report by staff Craig Dawson Tom Bouthilet • Questions from City Council members to the presenter Mayor facilitates • Questions/comments from the public to the City Council Mayor facilitates • Action on motion City Council CITY OF LAKE ELMO WASIUNGTON COUNTY,MINNESOTA RESOLUTION NO. 2009-038 RESOLUTION APPROVING PROPOSED 2009 TAX LEVY, COLLECTIBLE IN 2010& PROPOSED 2010 BUDGET WHEREAS,the City Council has conducted budget council and committee meetings; WHEREAS,the City is required to adopt a proposed budget for payable 2010 and certified its proposed property tax levy for payable in 2010. BE IT RESOLVED that the City adopts a proposed 2010 Budget, BE IT FURTHER RESOLVED by the Council of the City of Lake Elmo, County of Washington,Minnesota that the following proposed sums of money be levied for the current year, collectible in 2010, upon taxable property in the City of Lake Elmo, for the following purposes: Total General Fund Levy $ 2,360,790 Total G.O. Debt Levy $ 427,480 2008 MVHC Unallotment Levy $ 19,365 2009 MVHC Unallotment Levy $ 35,475 Total Levy $ 2,843,110 BE IT FURTHER RESOLVED that a public meeting for public comment during Council discussion on the proposed budget will take place on December 1,2009 at 7:00pm in the City Council chamber at City Hall, 3800 Laverne Avenue N. Lake Elmo, MN BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Washington County, Minnesota. ADOPTED, by the Lake Elmo City Council on the 1 st day of September, 2009. Dean A. Johnston Mayor ATTEST: Craig W. Dawson Interim City Administrator City o1 Lake Elmo Budget2010 2009 2010 2009 2008 2000 2009 Year-to-Data 2009 Preliminary to 2010 Account Number Description Budget Actual Bud e! 07131109 Projected Bud el Change GENERALFUND Revenues Property Taxes/Franchise Fees 101-000-0000-31010 Current Ad Valorem Taxes $2.221,466 $1,9B3,206 $2,332,130 $1.012,177 $2,119,749 $2,380,790 1.2% 101-000-0000-31010 20D8 MVHC Unallolment Recovery $0 $0 $0 $0 $0 $19,365 NIA 101-000.ODOC-31010 2000 MVHC Unallolment Recovery $0 $0 $0 $0 $0 $36,476 N/A 101-000-ODOC-31010 MVHC Slate Urallotmenl $0 $0 $0 $0 ($35,475) ($33,759) N/A 101-000-0000-31020 Delinquent Ad Valorem Taxes $0 $11169D $0 $26,176 $40,000 $0 NIA 101-OOMOOO-31030 Mobile Home Tax $6,000 $7,864 $6;000 $3,640 $7,500 $8,000 OA% 10i-000.0000-31040 Fiscal Disparities $0 $107,768 $0 $BB,327 $172,361 $0 NIA 101.000-0000-31910 Penalty&Interest on Taxes $0 ($77) $0 $08 $100 $0 WA 101.000.0000-33620 Gravel Tax $3,250 $2,861 - $2,600 $1.567 $3,100 $3,100 24.0% 101-000-0000-33822 Cable Franchise Revenue $27,000 $31,680 $30.000 $34 916 $34 916 $35000 18 7% Total Property Taxes/Franchise Fees $2,259 736 $2 145.140 $2 372 630 $1,166 900 $2 342 271 $2 427,971 2 3% Licenses and Permits 1 01-0 00-0000-32 1 1 0 Liquor License $7,20c $7,200 $7,200 $0 $7,200 $7.20D 0.0% 101-000-OD00-32180 WasletrauterLicense $50C $440 $500 $1,366 $1,365 $1,000 1000% 101-000�0000-32181 General Contractor License $2,000 $1,610 $1,500 $2,225 $2,225 $1,000 20.0% 101-000-0000-32183 Heating Contractor License $000 $640 $795 $60 $600 $200 -74.8% 101-OOD-0000-32184 Blacktopping Contractor License $60 $0 $60 $0 $0 $60 0.0% 101.000-0000-32210 Building Permits $200,000 $164.809 $140,000 $66.461 $90,000 $1001000 -28.6% 101-ODO-0000-32220 Healing Permits $11,000 $8,676 $4,500 $6,922 $7,000 $3,000 -33.3% 101-000-0000.32230 - Plumbing Permits $11,000 $6,810 $4,600 $2,406 $3,000 $3,000 -33,3% 101-000-0000 32231 Sewer Permits $2,000 $3,37ti $1,600 $371 $500 $600 -66.7% 101-000-0000-32240 Animal License $2,000 $2.302 $2,000 $1,754 $2,000 $2,000 0.0% 101-0OWO000-S2250 Utility Permits $6,000 $6,840 $4,000 - $14,310 $16,000 S6,coo 50,0% 101-000-0000-32260 BUming Permit $1,20C $1,260 $1,000 $676 $1,000 $1,000 010% 101.000-0000-34104 Plan Check Fees $88 160 $40 853 $46 000 $15 538 $26 000 $32,000 -28.9% Total Licenses and Permits $329 020 $242,074 $212 655 $112,11)4 $154 790 $157 660 -25.8% Intergovernmental 101-000-0000-33401 Local Government Aid $6 $0 $0 $0 $0 $0 NIA 101-000-0000-33402 Homestead Credit Aid $0 $26,552 $0 30 $0 $0 N/A 101-000.000C 33418 MSA-Maintenance $67,276 $67,276 $67,276 $88,707 $80,767 $68,5c0 1.8% ICl-000-0000-33420 State Fire Ad $57.344 $39,747 $601000 $1,690 $40,000 $40,000 -33.3% 10 1-000-0000-33422 PERA Aid $2,750 $2,749 $2,750 $1,375 $2,750 $2,760 0.0% 101-OOD-0000-33426 Misce{lancous Slate Grants $0 $28,089 $0 $13,954 $14,000 $0 NIA 1 0 1-00 0-0000-33621 Recycling Grant $16,270 $16476 $16000 $16476 $15,476 $115001) 0,0% Total Intergovernmental $142,639 $179 BBB $146 025 $121 291 $161 023 $126 250 -12.9% Charges for Services 101-000-0000-341D3 Zoning&Subdivision Fees $25,000 $11,410 $4,000 $1,060 $1,600 $1,000 -76.0% 101-000-0000-34106 Safe of Copies,Books,Maps $300 $205 $300 silo $200 - $300 0.0% 101-000-0000.34107 Assessment Searches $150 $176 $150 $210 $300 $200 33.3% 1C1-000.0000-34109 Clean Up Days $6,000 $3,833 36,000 $4,367 $4,367 $4,000 -20,0% 101-0OW0000-34111 Cable Operation Reimbursement $2,000 $1,678 $2,400 $011 $1800 $2400 00% Total Charges for Services $53,45C $17,300 $11 860 $BL648 $8 167 $7 900 .33.3% Fines 101-000.00OO.35100 Fines $65.000 $60,919 $52,000 524,830 „$49 500 $62 000 m 0 0% Total Fines $65 000 $6D,019 $52,000 $24 830 $49 b00 $52,000 0.0% Other 101-000-0000.36200 Miscellaneous Revenue $21,973 $19,866 $18,000 $24,191 $25,000 $17,128 46% 101-000-0000-36210 InterestEamings $B0,000 $78,026 $60.000 $0 $60,000 $60,030 -25.0% 101-000-0000-36230 Donations $0 $8,600 $0 $8,500 $8 500 $0 NIA Total Other _- $101,673_ _ $106,300 $98,000 $32,691 $93600�� ---$77128 -213% Total Revenues $2,932,718 $2751712 $2,892,060 $1,464474 $2,809261 $2849,009 -16% Olh r Einonflng Sourl ICI-000-0000-39200 Transfer in $0 $0 $0 $C $0 $0 NIA Total Other Financing Sources $0 $o $0 $0 $0 $0 NIA Total Revenues and Other Financing Sources 2,032,718 $2,751,712 $2,892,060 $1,484 474 .$2 800 251 $2 849 009 -1 6% City of Lake Elmo Budget2010 2009 2D10 2009 Department 2008 2008 2009 Year-to-Vale 2009 Preliminary to 2010 Number Description Budget Actual Budget (07131100) Protected Budget Change GENERAL FUND Exoendlture5 by Program&Department General Govemment 1110 Mayor&Council $43,298 $34,322 $33,992 $19.041 $33,892 $33,092 0,0% 1320 Administration $547,007 $490.040 $486,192 $228,615 $442,670 $460,146 •3.4% 1410 Elections $17,014 $10,505 $1,000 $080 $980 $11,950 1095.0% 1450 Communications $0 $0 $56,364 $29,505 $57,624 $50,745 •10.0% 1520 Finance $157.691 $177,266 $107,121 $64,365 Si26,710 $104,582 •2.4% 1910 Planning&Zoning $214,503 $198,198 $202,657 $126,288 $244.391 $178,472 -11.9% 1930 Engineering Services $94.000 $108,110 $72,000 $32.741 $72,000 $70,000 -2.01A 1040 City Hall $40 525 $39 989 $40 943 �20 946 $41.893 $40.750 -0.5% Total General Government $1 113 936 $"058 42a 1900,269 $522 545 $1 020 106 $940,638 -4.0% Public Safety 2100 Police $431,000 $430,773 S466,050 $0 $466.950 $474,935 1.7% 215D Prosecution $58,000 $61,246 $66,ODo $21,638 $55,000 $51,00D -7.3% 2220 Fire $415,858 $313,214 $3g0,930 $175.616 $383.186 $375.082 -4.11. 2250 Fire Relief $57,344 $30.747 $60.000 $1,690 $40,000 $57,854 -3.6% 2400 Building Inspection $131,456 $87,577 $1881680 $60,337 $99,463 $92,900 -50.7% 2700 Animal Coatrol $12,250 112,662 $12 060 $4 451 $12,600 $12,850 0.0% Total Pubilt Safety $1 105908 $941 218 1,174 310 $263 630 $1,057,199 $1,064,631 -9,3% Puh9c Warne 3100 Public Works $406.926 $409,182 $324,978 $172,121 $306,432 5300,836 -7.41/ 3120 Streets $0 $0 $78,800 $16,013 $71,500 $80.500 2.1% 3125 ice&Snow Remova4 $0 $0 $0.500 $37.424 $66,600 $03,50o 0.0% 3160 Street Lighting $25,000 $27,410 $24.000 $10.192 $24,000 $24,000 0.0% 3200 Recycling $15,000 $9,564 $16,000 $1,186 $16,000 $15.000 0.01A 3250 Tree Program $0 $0 $14 000 $12 OD6 $20.000 $0 •10D,0 Total Public Works $520 928 $446 156 $520 338 $249 942 $503,432 $483,838_ 7.0% Culture&Recreation 5200 Parks&Recreation $183 944 $141 520 S217A43 $101 368 $19ti 216 $179,574 -W.3% Total Culture&Rec(eatian $183 944 S141 520 $217 143 $101 356 $108,216 $179,574 •17.3% Total Expenditures $2 032 718 $2 587 322 $2 892 060 $1 12T.375 $2.7T9.013 $2,668,679 •7.7% Other Firkanalria Uses Transfers Out $0 $6 500 $0 $0 $8 600 $160,330 N!A Total Other Financing Uses $0 $6 500 $0 $0 $B 500 $180,330 $0 Total Expenditures and Other Financing Uses $2 932 718 $2,595,822 $2 892.060 $1.127.376 $2,787,513 $2,849,009 -1,5% Expenditures by Classtfigallon Personnel Services $1,339.012 $1,051,249 $1,306.697 $592,328 $1.149,973 $1.120,294 -14.3% Supplies $167,100 $165,009 $183,830 $67,607 $166,733 $181,400 -1.31l1 Other Services and Charges $1,31)91666 $1,351,328 $1,401,333 $467,440 $1,402,307 $1,366.985 -2.5% Capital Outlay $28 940 $19 665 $o $6 $0 $0 NIA Total Expenditures $2,032,746 $2,687322 $2,B92,060 $1,127,375 $2.779,013 $2.668,679 -7.7% Transfers Out $0 $6500 $0 $0 $8600 $180,330 NIA Total Expenditures and Other Financing Uses $293271a $2 595,822 $2 692 060 $1, 777,375 $2,787,513 $2,849.009_ -1.5% City Council Date: September 1, 2009 REGULAR Item: Informational ITEM: Demontreville Trail Shoulder Widening/Trail Options as part of the Washington County Reconstruction and Turnback Project— Park Commission Comments SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Ryan Stempski, Assistant City Engineer Craig Dawson, Interim City Administrator Carol Kriegler, Project Assistant SUMMARY AND ACTION REQUESTED: On July 21, 2009, the City Council directed Staff to present the Demontreville Trail Shoulder Widening /Trail Options to the Park Commission and obtain its input. Staff made this presentation at the August 17, 2009, Park Commission Meeting. The presentation included a high level summary of options, costs and impacts associated with widening the shoulder or adding a trail along Demontreville Trail. The comments from the Park Commission are attached. Staff is looking for direction on how to proceed on the Washington County Reconstruction and Turnback Project. BACKGROUND INFORMATION: Washington County currently owns and maintains Demontreville Trail, from 50th Street North to Trunk Highway 36. The County does not identify the road as"serving a County function" and has informed the City of its intention to turn back this roadway to the City of Lake Elmo. The County has indicated a tentative schedule to improve the roadway in 2010 using a full-depth reclaim with localized drainage improvements. At that time the road would be transferred to Lake Elmo authority. Staff has received several requests to add a trail along Demontreville Trail to improve safety along this roadway segment. To facilitate a trail, several issues and challenges must be addressed including a clear definition of the trail purpose and need, identification and acquisition of additional right-of-way, identification of physical property impacts and wetland impacts, and identification of available funding. At this time, the County has indicated that it will not provide additional funds for the trail addition. ATTACHMENTS: 1. Park Commission Comments 2. Segment Map 3. High Level Summary of Costs ORDER OF BUSINESS • Introduction Craig Dawson, Interim City Administrator • Report by staff r Jack Griffin, City Engineer • Questions from City Council members to the presenter Mayor Facilitates • Questions/comments from the public to the City Council Mayor Facilitates LAKE ELMO PARK COMMISSION Monday,August 17,2009 Overview of motion and comments on proposed trail/shoulder widening improvements as a part of the DeMontreville Trail road reconstruction project. Commission comments: The commission was very interested and supportive of trail improvements/shoulder widening improvements of some kind in an effort to improve pedestrian and bicyclist safety along this stretch of roadway. Several members reported personal experiences and use of the roadway in its current condition, and expressed great concern related to the current safety risk. They recognized the timeliness of addressing this issue with the impending reconstruction project. The commission also recognized the substantial costs associated with each of the possible improvements, but commented that is not possible to place a financial value on potential loss of life or serious injury. In considering the prioritization of the identified 4 segments, (50a' St. N. to Highlands Trail N.,Highlands Trail N. to )the Commission prioritized them from highest to lowest as the segments exist from 50t' St. N. to Highway 36. This was in large part due to the presence of the DNR boat launch and Demontreville Wildlife Area and the associated potential vehicular, bicycle and pedestrian traffic associated with each of these destinations. While the commission expressed their strong desire for an increase in public safety along this stretch of roadway,they also commented on the potential recreational value in an off- road trail constructed to meet"bicycle trail" specifications. The commented on the aesthetic value of the area in general, DeMontreville Lake, and DeMontreville Wildlife Area. They also commented in the potential role these segments might offer in linking to the Gateway Trail and beyond. Recognizing that potential very high cost and challenges associated with meeting "bicycle trail" specifications in this area, the commission acknowledged that shoulder widening might well be the only feasible option. They expressed that they are most concerned with improving public safety along the stretch and are very much in support of any public safety improvement, regardless of whether it would result in an official bicycle trail designation or opportunity to promote public use. Support for improvements of some kind passed on a 6-0 vote. The motion was as follows: "The Parks Commission has significant concern about the safety of pedestrians and bicyclists who use Demontreville Trail. As Washington County prepares to turn over responsibility for the road to the City of Lake Elmo and as it develops plans to improve the road prior to doing so, the Parks Commission strongly urges the county and the city to include improvements in the road that will enhance the safety of pedestrians and bicyclists while not compromising the safety and usefulness of the road Ito motorists. The Parks Commission stands ready to participate fully in any planning process concerning this road in order to explore the feasibility of integrating design elements into the improvement plan as a way of addressing the Commission's concerns." r a �^ t r ! r (t.l f7 F�r1 It z 76 air rk y r � a ;I/—`� � N f 1 nyY� tY s lhi p r r1 k sir� v i a i f r �4 r s -r f}y„ k r �'• L a. z t}x'. 1st'4;f Sir �v. k it 4 4 _S.,s� - f d .,+ e tF i3 ✓h - .lr �� c c"a w�Y uY fir'-,:� ,k,Yvl. -i�''tr.� �ayk a`4,� v a.a(a T F" h ta. an, �c fir`�-c.�r 00 .tint-fi`5`c i77F�t4'3� �; °•Y}r yr F�'v.� 4 r3"`r.l � ES1'�sr T�' a *afiF�2tk �` } x •�'T" fi r Y .i� � - ( X... S`3C�.�t v3'[ �a T't.Y'ti�s c'��"'�a��'bfG t'a '" .5�'h �i�•a��3S` ����t E�,�+�^�''eta Y fT- .� �, st �"�`�,�'��`�'``I'e"rs�s3.. i s'�3;�"'v������ (�'°C��i�:1�i' �r'`��� y�� ��'st,•y�'���L� d���r v_� fp � �_'. 's` Ha`_n �'.+r �s c3Y V"yvs �, �K�� a� .r�-�#3�°'a-�'#r::i+��_'�`�ra1,��.rs�•� *s� .� S ,�! G f r "xn M1 sK, � � E � K•+r,.2 _' v r r� ����,,,��'f'}_at�4a�§^,c�1�s �,:. '`i�� � e�„fir ?�y �� �`ia � 1 � I •,c'ma's ''��k !]T X V 1. 1it h. lsd q4. W ......s" n 3 N i ° � 85 t{ 1 0` 37 �Ll.CNQW94 t f o ° y o O c� S 0 x Ll L LU v' alepro!o 1Q!D w Q J z 0 w� U w �1 � DEMONTREVILLE TRAIL- SHOULDER/TRAIL IMPROVEMENTS CITY OF LA:KE ELMO, MINNESOTA 5-foot Concrete Two-One Way Widen 4-feet to Sidewalk on one Bike Lanes(widen create 3-Foot ROADWAY SEGMENT side 4-feet each side) Paved Shoulders on Both Sides(11- foot drive lanes) Segment 1 (]LED):from Olson Lake Trail to Highlands Trail North(second $ 369,002 $ 247,749 $ 123,875 inteisection) Segment 2(BLUE): from Highlands Trail North to the NE part of Lake $ 208,793 $ 135,680 $ 67,840 Shore(8260 Demontreville Trail). Segment 3(GrWEN):from NE part of the Lake to 8510 Demontreville $ 116,365 $ 58,183 Segment 4(YELLOW): from 8510 Demontreville Trail to TH 36 $ 194,955 $ 92,477 TOTAL FOR ALL TRAIL,SEOMENTS $ 577,795 $ 684,749 $ 342,374 Estimated Costs Do not include: Right-of-Way Acquisition Sunrawater Management Facilities Wetland Impact Mitigation I