The URL can be used to link to this page

Home My WebLink About12-06-2011 CCMPCity of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota December 6, 2011 7:00 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston Emmons, Park Pearson 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. ACCEPT MINUTES: 1. Accept November 15, 2011 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. . 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. Downtown District Sidewalk Improvements — Pay Request No. 1 (Final) 4. 2012 Liquor License Renewals 5. Resolution removing 2012 delinquent stoim water utility assessment 6. Audit Engagement Letter 7. PERA, Firefighter Declaration 8. Final Cost of Monument Sign on Keats Avenue North of 1-94 GULAR AGENDA: 9. Promote Robin Goodspeed from Probation to Firefighter and recognize District Chief Brad Winkels for completion of the officer series training 3- yr. program 10. Public Meeting on 2012 on Proposed Tax Levy and General Fund Budget Taxes 11. Adopt 2012 Budget and Tax Levy, Resolution 12. Targeted Pay Adjustments for 2012 13. New Schedule for Firefighter Pay 14. Conditional Use Permit Amendment and Variances - Christ Lutheran Church Expansion 15. DeMontreville-Highlands Area Street Improvements — Authorize the Preparation of the Feasibility Report 16. Kirkwood Avenue Street hnprovetnents — Accept Petition and Authorize Feasibility Report 17. Keats Avenue North Street & Watermain Improvements — Authorize Feasibility Report 18. Appointment of City Attorney (General and Prosecution) 19. Discuss future meetings in December 20. Adopting Mayor and City Council Salaries; Ordinance K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) • Mayor and City Council • Administrator • City Engineer • Planning Director • City Clerk re:City Administrator Selection Process L. Adjourn ** A social gathering may or may not be held at the Lake Elmo Inn following the meeting ** City of Lake Elmo City Council Minutes November 15, 2011 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members Emmons, Park, Pearson and Smith Also Present: Interim Administrator Dawson, City Engineer Griffin, Attorney Snyder, Joe Rigdon, KDV, Planning Director Klatt and City Clerk 1,4Mby. APPROVAL OF AGENDA: MOTION: Council Member Emmons moved to approve the November:15, 2011 City Council agenda, as presented. Council MemberPearson se0onded the Motion. The motion passed 5 -0. ACCEPTED MINUTES: The City Council accepted the November amended. PUBLIC COMMENTS/INQWTUESone CONSENT AGENDA: MOTION: Council Mernhr Sznit:kmoved to approve Agenda Items 2, 3, 4, & 6 on the Consent Agenda. Council-MOnbei'Narson seconded the motion The motion passed 5 -O. Approve -Payment of dis-pursements and payroll in the amount of $185,992,48 • Accept the work as recommended by the Assistant City Engineer and approve Final Payment to Inc, for the Kindred Court Drainage Corrections in the amount of $35,784.35; to be paid from the General Obligation Improvement Bonds, Series 2011A • Accept the work as recommended by the Assistant City Engineer and approve Final Payment to Gopher State Sealcoat, Inc. for the 201 1 Crack Seal Project in the amount of $14,000; to be paid from the Infrastructure Reserve Fund. • Adopt A Fund Balance Policy as presented • Approve Resolution No. 2011-055 Committing Specific Revenue Sources and Confirming Restrictions for Specified Purposes in Special Revenue Funds y,Ceticil Meeting Minutes, as LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 2011 Adopt Ordinance No. 08-055 revising the Special Event Permit Ordinance to specify the maximum duration permitted for a special event The City Council considered a minor revision to the recently adopted Special Event Permit Ordinance to clarify the maximum duration allowed for a special event. Staff recommended the ordinance be written to limit events to no more than three consecutive days in each calendar year (which would cover a weekend long event), MOTION: Council Member Smith moved to adopt Ordinance No, 08-055 revising the Special Event Permit Ordinance to specify the maximum duration permitted for a special event. Council Member Pearson seconded the motion, The motion passed 5-0. REGULAR AGENDA: Interim Use Permit: Lake Elmo Sod Farm Christmas Tree SaI The City Council considered an Interim Use Permit from the Lakei_tpo Sod Farm, 456 Manning Avenue, to continue operation of a seasorialles lot from Which to sell Christmas Trees that are grown off -site. The prozoSed sales lot is part Of a larger sod farm that has been in operation for many years, arkt:that,haihistorically also sold Christmas Trees for approximately one month during4)e-holiday season, None of the trees sold on the site are grown on the proOsesitherefdreand Interim Use Permit is needed to establish an Agricultural Sales oPer riatcwhicliallows the sale of produce grown off -site, MOTION: Council Member Park moped to adopt Resolution No. 2011-053 approving an Interim Use Permit for a 5 yecir period,foi'be Lake Elmo Sod Farm to establish a seasonal Christmas tree sales :456 Manning Avenue. Council Member Pearson seconded the motion,,The_motto passed 5-0. Interim Use Permit: Krueger Christnias Tree Farm to Allow the Supplemental Sales of Trees Grown 0 -Site he City Council considerecLa request for an Interim Use Permit from Krueger's Christmas Tee Farm, 44521Lake Elmo Avenue North, to allow the sale of Christmas trees that are grown off -site to supplement the sale of trees that are grown on their farm. The applicants' farm has been in operation for nearly 30 years, but due to recent changes in the zoning ordinance concerning Agricultural Sales Businesses, will need to secure an Interim Use Permit in order to sell trees to supplement the ones that are grown on their property. The Council commented that the Kruger's Christmas Tree Farm has been in operation for approximately 30 years. Since staff was not aware of any issues or nuisance conditions that have been identified in this period of time it recommended a termination date for the permit set at January 1, 2032 or upon the sale or transfer of ownership in the property, whichever occurs first. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 2011 2 MOTION: Council Member Emmons moved to adopt Resolution No. 2011-054 approving an Interim use Permit, with a termination date for the permit set at January 1, 2032 or upon the sale or transfer of ownership in the property, whichever occurs first, for Krueger's Christmas Tree Farm to allow the sale of Christmas Trees that are grown off - site to supplement the sale of trees that are grown on their farm at 4452 Lake Elmo Avenue North, Council Member Smith seconded the motion, The motion passed 5-0. Planning Services — Interim Proposal During the Vacancv of the Citv Planner Position The City Council was asked to authorize staff to proceed with actions to help accommodate the work load within the Planning Department while the City Planner position is vacant. Staff would like to hire an outside consultant to assist the I-94/South 10th Street Work Group continue its work, and to also hire a planner on a limited basis to cover some of the day-to-day basis activities. Kyle Klatt, Planning Director, recommended Ben Gozola, consultant at MFRA, who has worked in the City previously and could take over the 1-94/S:66th-10th Street Planning process. Klatt will contact a neighboring city to look into,:sharing'plarming staff time and the student who served a planning internship with the:city. :-_- The Council agreed to the Interim Planning Assistance requested by Planning Director Klatt for November 2011-Febraury 2012 -2 = Designation of Interim City Clerk City Clerk Sharon Lumby has announced her retiremen at the end of this year. Interim City Administrator Dawson recommended that Carole Luczak be designated the interim City Clerk until someone started working with te regular appointment to the City Clerk position and that her wage l*:increased $6:0Thper hour, to $23.96 (approximately $1,000 per month) during her . -service a§':,Interim City Clerk. The City Councilappointed C*ole Ldzak as Interim City Clerk at a wage of $23.96 per hour until the new city administrator is on board and can recommend an appointment for City Clerk. Interim Finance Director At its October 1 e meeting, the City Council disused the designation of the Interim Finance Director (Joe Risdon of KDV) and decided to await further discussion on this matter until the Council had an opportunity to review the assessment by Springsted, Inc. regarding the city's finance and accounting services. Per Interim City Administrator Dawson, Springsted provided several recommendations, of which is the current arrangement for interim and contractual services in the Finance Department remain in place until the new city administrator is on board and can recommended appointment for the Finance Director. The City Council affirmed this arrangement. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 2011 Mayor and City Council Salaries Council Member Smith asked that the City Council discuss the salaries for the Mayor and City Council members. Interim City Administrator, Craig Dawson, provided a survey of salaries of City Council in the metropolitan area serving 5,000 to 25,000 residents. By statute and City Code, the Council must set salaries by ordinance prior to a regular city election, and they may not take effect until January 1 of the year following the next cit election. The last adopted ordinance for salaries was in 2005, which set salaries taking effect in 2007 and 2008. The Mayor's annual salary has been $3,915 and the Council Members' have been $3,130. The tabulation of Mayor and council members' salaries available from the League of Minnesota Cities shows that, between 5,000 and 25,000, mayoral:!Salaries range between $1,800 and S13,800 and council members' salaries range between S1,200 and $8,696. MOTION: Council Member Smith moved to direct staffiO2Preparkan ordinance to set the salaries of the Mayor and Council Members at 95Kaverage wage. to effect January 1, 2013, Council Member Park seconded the motion. The moron passed 3-2 (Council Members Pearson and Emmons voting'i.zgainst.)'-' 2012 Capital Improvement Plan — Authorize Soil BoringSfor the Proposed 2012 and 2013 Street Improvements • . - The Council considered authorizing-:Arriericary:Engineering Testing (AET), Inc, to perform soil borings in the amount OW "30ftTor the proposed 2012 and 2013 Street Improvements. The City Engineer reported ;hdOeetechnical information is needed to confirm the subsurface condition*ef10.streetS:in,the City's Capital Improvement Program. It was recommended that soil bring data is only obtained for the streets scheduled for improvement in'20,12 and 2011Z MOTION: Council Mernber Smith moved to authorize AET, Inc, to perform soil borings for the proposed 2012 ard201 3 Street Improvements in the amount of $13,300. Council Member Pearson seconded the motion. The motion passed 5-0. Well No, 4 Test Well — Authorize Preparation of Plans and specifications The City Council considered authorizing Short Elliot Hendrickson (SEH) to provide engineering service for the Well No, 4 Test Well project in an amount not -to -exceed $7,500. The City Engineer met with several engineer consulting firms to discuss this project and to identify a work scope and fee for this project, SHE submitted a proposal for this work and has committed the experienced staff necessary to provide requested services. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 2011 4 At the September 6, 2011 council meeting, the Council approved an option Agreement for a 1 acre parcel of land to be investigated as the potential site of the future water supply Well no. 4. The parcel is located at 11240 50th Street N. The option agreement provides the city with a 180-day period in which to construct a test well to determine if the site is a viable location for a large municipal production well. The City Council also authorized the design, construction and testing of the test well on the site. The total project cost for the test well is estimated to be $35,000 and $40,000 including engineering, construction, sampling, testing and abandonment. MOTION.. Council Member Pearson moved to authorize Short, Elliot, Hendrickson (SEH) to provide engineering services for the Well No. 4 Test Well project in an amount not -to -exceed $7,500. Council Member Smith seconded the motion. The motion passed 5-0, Library Matters Interim City Administrator Dawson presented answersto the most as e questions regarding Lake Elmo creating a municipal hbiary There were residents who voiced their concerns with the cost of a new City Library and the lack of service due to city departure from the Washington County Library System. The Council adjourned the regular Councithieeting-'4,0:50 p.m. EXECUTIVE SESSION: The,ditYCOuncil convcned in executive session at 10:18 p.m. Present were the Mayor and Council .Menibersthe City Attorney, and the City Administrator. Litigation Witiv3Kand regarding the detachment of land from Lake Elmo were discussed. The executive session ended at 10:29 p.m. CLOSED SESSION: The City -Council convened in closed session to consider applications for<th.City Administrator position. The City Attorney was also present. Respectfully submitted by Sharon Lumby, City Clerk LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 2011 5 TV OF LAKE ELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 12/06/2011 CONSENT ITEM #: 2 MOTION as part of Consent Agenda Approve Disbursements in the Amount of $271,594.43 Joe Rigdon, Interim Finance Director Craig Dawson, Interim City Administrator Joan Ziertman, Finance Consultant SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $271,594.43. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a surnmary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # ACH ACH ACH DD3670 — DD3687 37766 - 37771 ACH ACH ACH DD3688 — DD3702 37772 - 37778 37779 - 37780 37781 - 37837 Amount $ 4,197.93 $ 427.38 $ 4,078.66 $ 22,783.87 S 2,144,79 S 6,338.19 $1,105.65 $3,956.48 $16,822.87 $9,213.53 $777.67 $199,747.41 TOTAL $ 271,594.43 Desoiption Payroll Taxes to IRS 11/17/2011 Payroll Taxes to MN Dept. of Revenue 11/17/2011 Payroll Retirement to PERA 11/17/2011 Payroll Dated 11/17/2011 (Direct Deposit) Payroll Dated 11/17/2011 (Payroll A/P) Payroll Taxes to IRS 12/01/2011 Payroll Taxes to MN Dept of Revenue 12/01/2011 Payroll Retirement to PERA 12/01/2011 Payroll Dated 12/01/2011 (Direct Deposit) Payroll Dated 12/01/2011 (Payroll Paper Checks) Payroll Dated 12/01/2011 (Payroll A/P) Accounts Payable Dated 12/06/2011 page 1 -- City Council Meeting Approval of Disbursements December 6, 2011 Consent Agenda Item #2 STAFF REPORT: City staff has complied and reviewed the attached set of claims. All appears to be in order and consistent with City budgetary and fiscal policies and Council direction RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda proposed disbursements in the amount of $271,594.43 Alternatively, the City Council does have the authority to remove this item from the Consent Agenda or a particular claim from this item and further discuss and deliberate prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve the December 6, 2011, Disbursements as Presented [and modified] herein." ATTACHMENTS: 1. Accounts Payable Dated 12/06/2011 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Aeenda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion ..... ................. ..... .................. ........... ..... Mayor & City Council Action on Motion Mayor Facilitates — page 2 -- Accounts Payable To Be Paid Proof List User: joan z Printed: 12/01/2011 - 2:51 PM Batch: 034-11-2011 Invoice # Inv Date ACEHARD Ace Hardware, Inc 115526 11/23/2011 204-450-5200-44300 Miscellaneous 115526 Total: ACEHARD Total: Amount Quantity Pmt Date Description Reference 32.03 0.00 12/06/2011 Holiday Light Fuses 32.03 32.03 ARAM Aramark, Inc. 629-7365248 11/10/2011 21.71 0.00 12/06/2011 Uniforms 101-430-3100-44170 Uniforms 629-7365248 Total: 21.71 629-7370148 11/17/2011 21.71 0.00 12/06/2011 Uniforms 101-430-3100-44170 Uniforms 629-7370148 Total: 21.71 629-7371989 12/01/2011 128.53 0.00 12/06/2011 Linen City Hall 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-7371989 Total: 128.53 629-7375047 11/24/2011 21.71 0.00 12/06/2011 Uniforms 101-430-3100-44170 Uniforms 629-7375047 Total: 21.71 Multi 11/28/2011 92.95 0.00 12/06/2011 Monthly Rug Service, Station #1 101-420-2220-44010 Repairs/Maint Bldg Multi 11/28/2011 93.78 0.00 12/06/2011 Monthly Rug Service, Station #2 101-420-2220-44010 Repairs/Maint Bldg Multi Total: 186.73 ARAM Total: 380.39 Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 BERESTIM Beres Tim Chk Reg 11/14/2011 5,000.00 0.00 12/06/2011 EscrowReturn Permit #7949 No 0000 803-000-0000-22900 Deposits Payable Chk Req Total: 5,000.00 BERESTIM Total: 5,000.00 AP - To Be Paid Proof List (12/01/11 - 2:51 PM) Page 1 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # BIFFS Biffs Inc. 11/16/11 Stmt 11/16/2011 24.25 0.00 12/06/2011 Portable Restroom No 0000 101-450-5200-44120 Rentals - Buildings 11/16/11 Stint Total: 24.25 BIFFS Total: 24.25 C&J CONS C & J Consulting Services, LLP Nov - 11 12/01/2011 101-410-1520-43150 Contract Services Nov - 11 Total: C&J CONS Total: 8,300.00 0.00 12/06/2011 Monthly Acctg Services - November 2011 8,300.00 8,300.00 No 0000 CARQUEST Car Quest Auto Parts 2055-241253 11/15/2011 100.53 0.00 12/06/2011 Misc Filters - No 0000 101-430-3120-42210 Equipment Parts 2055-241253 Total: 100.53 2055-241355 11/16/2011 33.34 0.00 12/06/2011 Tractor Lamp No 0000 101-430-3120-42210 Equipment Parts 2055-241355 Total: 33.34 CARQUEST Total: 133.87 CDW CDW Government Inc. B518274 11/22/2011 101-410-1450-43180 Information Technology/Web B518274 Total: CDW Total: COMPENSA Compensation Consultants, Ltd Dec 2011 11/25/2011 101-410-1320-44300 Miscellaneous Dec 2011 Total: COMPENSA Total: 90.99 0.00 12/06/2011 External Harddrive requested by CC 90.99 90.99 40.00 0.00 12/06/2011 Monthly FSA Admin Fee - Dec 2011 40.00 40.00 No 0000 No 0000 COVERALL Coverall of The Twin Cities 7070172789 12/01/2011 321.38 0.00 12/06/2011 Cleaning City Hall & Annex No 0000 101-410-1940 11010 Repairs/Maint Contractual Bldg 7070172789 Total: 321.38 COVERALL Total: 321.38 AP - To Be Paid Proof List (12/01/11 - 2:51 PM) Page 2 Invoice # Inv Date CTYBLOOM City of Bloomington Nov 2011 11/28/2011 601-494-9400-42270 Utility System Maintenance Nov 2011 Total: CTYBLOOM Total: CTYOAKDACity of Oakdale 10000460-01 10/31/2011 601-494-9400-43820 Water Utility 10000460-01 Total: 201111223031 11/22/2011 101-420-2220-44040 Repairs/Maint Eqpt 201111223031 Total: CTYOAKDA Total: DAWSON Dawson Craig 11/23/2011 11/23/2011 101-410-1320-43310 Mileage 11/23/2011 11/23/2011 101-410-1940-43210 Telephone 11/23/2011 Total: DAWSON Total: EMERGAPP Emergency Apparatus Maint. INC 57106 11/14/2011 101420-2220-44040 Repairs/Maint Eqpt 57106 Total: 58173 11/10/2011 101-420-2220-44040 Repairs/Maint Eqpt 58173 Total: EMERGAPP Total: FASTENAL Fastenal MNT1128826 11/03/2011 101-450-5200-42400 Small Tools & Minor Equipment MNT1128826 Total: FASTENAL Total: FERGUSON Ferguson Waterworks 11/21/11 11/21/2011 601-494-9400-42300 Water Meters & Supplies Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 40.00 0.00 12/06/2011 Lab Bacteria Tests 40.00 40.00 5,971.85 5,971.85 0.00 12/06/2011 Water Service 1-94 653.27 0.00 12/06/2011 CV2 - Tires and tire Sensor 653.27 6,625.12 41.07 0.00 12/06/2011 Reimburse Mileage 40.00 0.00 12/06/2011 Reimburse Cell Phone 81.07 81.07 7,965.92 0.00 12/06/2011 Repairs to T2 related to pump test & Mis 7,965.92 60.88 0.00 12/06/2011 Part for scene lights on B2 60.88 8,026.80 664.03 0.00 12/06/2011 Cordless Impact & Screw Drive Tool Combo 664.03 664.03 4.80 0.00 12/06/2011 Shipping for loaner base - Water Scanner No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (12/01/11 - 2:51 PM) Page 3 Invoice # Inv Date 11/21/11 Total: S01340020-001 11/08/2011 601-494-9400-42300 Water Meters & Supplies SO1340020-001 Total: SO1341108-001 11/15/2011 601-494-9400-42300 Water Meters & Supplies SO1341108-001 Total: FERGUSON Total: FOCUS Focus Engineering, Inc. 78 & 79 11/26/2011 101-430-3100-43030 Engineering Services 78 & 79 11/26/2011 101-410-1930-43030 Engineering Services 78 & 79 11/26/2011 101-410-1910-43030 Engineering Services 78 & 79 Total: 80 11/26/2011 101-420-2400-43030 Engineering 80 11/26/2011 101-410-1910-43030 Engineering Services 80 11/26/2011 409-480-8000-43030 Engineering Services 80 11/26/2011 404-480-8000-43030 Engineering Services 80 11/26/2011 101-430-3100-43030 Engineering Services 80 11/26/2011 601-494-9400-43030 Engineering Services 80 11/26/2011 602-495-9450-43030 Engineering Services 80 11/26/2011 603-496-9500-43030 Engineering Services 80 Total: 81 11/26/2011 203-490-9070-43030 Engineering Services 81 Total: 82 11/26/2011 203-490-9070-43030 Engineering Services 82 Total: 83 11/26/2011 409-480-8000-43030 Engineering Services 83 Total: Amount Quantity Pmt Date Description Reference 4.80 80.81 0.00 12/06/2011 Meter Reader Battery 80.81 100.23 0.00 12/06/2011 Meter Reader Power Cradle 100.23 185.84 90.00 0.00 12/06/2011 General Engineering 3,636.45 0.00 12/06/2011 General Engineering 770.93 0.00 12/06/2011 General Engineering 4,497.38 492.61 600.00 794.48 476.50 2,840.38 2,814.32 632.50 668.33 0.00 12/06/2011 0.00 12/06/2011 0.00 12/06/2011 0,00 12/06/2011 0.00 12/06/2011 0.00 12/06/2011 0.00 12/06/2011 0.00 12/06/2011 General Engineering - VRA General Engineering - VRA General Engineering - VRA General Engineering - VRA General Engineering - VRA General Engineering - VRA General Engineering - VRA General Engineering - VRA 9,319.12 2,469.45 0.00 12/06/2011 Development - Whistling Valley 2,469.45 22.50 0.00 12/06/2011 Development - Sanctuary 22.50 81.50 0.00 12/06/2011 2011 Seal Coat Project 81.50 Task Type PO # Close POLine # No 0000 No 0000 No No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (12/01/11 - 2:51 PM) Page 4 Invoice # 84 418-480-8000-43030 85 409-480-8000-43030 86 409-480-8000-43030 87 602-495-9450-43030 88 601-494-9400-43030 89 601-494-9400-43030 Inv Date 11/26/2011 Engineering Services 84 Total: 11/26/2011 Engineering Services 85 Total: 11/26/2011 Engineering Services 86 Total: 11/26/2011 Engineering Services 87 Total: 11/26/2011 Engineering Services 88 Total: 11/26/2011 Engineering Services 89 Total: FOCUS Total: FOTH Foth Infrastructure 11/10/11 11/10/2011 206-450-5300-43030 Engineering Services 11/10/11 Total: FOTH Total: FRONTIER Frontier Precision, Inc 98403 11/28/2011 101-430-3125-42250 Landscaping Materials 98403 Total: FRONTIER Total: FXL FXL, Inc. December 12/01/2011 101-410-1320-43100 Assessing Services December Total: FXL Total: HARTMAN Hartman Homes Chk Req 11/29/2011 803-000-0000-22900 Deposits Payable Chk Req Total: Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 502.00 0.00 12/06/2011 2011 Street and Water Quality Improve 642.93 0.00 12/06/2011 Lake Elmo Court Drainage Correction 757.82 0.00 12/06/2011 Lake Elmo District Sidewalk Maint 1,116.07 0.00 12/06/2011 l0th Street Infrastructure Plannine 1,065.00 0.00 12/06/2011 Supply Well and Pumphouse 4 3,915.30 0.00 12/06/2011 3M Litigation 502.00 642.93 757.82 1,116.07 1,065.00 3,915.30 24,389.07 897.00 0.00 12/06/2011 Structural Engineering Inpect - Library 897.00 897.00 244.21 0.00 12/06/2011 Snow Plow Route Markers 244.21 244.21 2,000.00 0.00 12/06/2011 Assessing Services - December 2011 2,000.00 2,000.00 3,000.00 0.00 12/06/2011 Escrow Return 10206 Tapestry #7710 3,000.00 No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 No 0000 No 0000 AP - To Be Paid Proof List (12/01/11 - 2:51 PM) Page 5 Invoice # Inv Date HARTMAN Total: HAWKINS Hawkins, Inc. 3280411 I1/09/2011 601-494-9400-42160 Chemicals 3280411 Total: HAWKINS Total: I -STATE I -STATE TRUCK CENTER C242188319.01 11/28/2011 101-420-2220-44040 Repairs/Maint Eqpt C242188319.01 Total: I -STATE Total: KDV Kern DeWenter Viere Ltd 137063 11/29/2011 101-410-1520-43150 Contract Services 137063 Total: KDV Total: KLATT Klatt Kyle 11/30/2011 11/30/2011 101-410-1910-44370 Conferences & Training 11/30/2011 11/30/2011 101-410-1910-43310 Mileage 11/30/2011 11/30/2011 101-410-1910-42000 Office Supplies 11/30/2011 11/30/2011 101-410-1910-42000 Office Supplies 11/30/2011 Total: KLATT Total: LEAGMN League of MN Cities 153596 09/01/2011 101-410-1110-44330 Dues & Subscriptions 153596 Total: LEAGMN Total: Amount Quantity Pmt Date Description Reference 3,000.00 378.50 0.00 12/06/2011 Chlorine 378.50 378_50 109.08 0.00 12/06/2011 E2-Replace drivers seatbelt 109.08 109.08 8,424.00 0.00 12/06/2011 Financial Services - November 2011 8,424.00 8,424.00 184.30 91.30 21.41 43.37 340.38 340.38 6,727.00 6,727.00 6,727.00 0.00 12/06/2011 Reimb Room - MNAPA Conference 0.00 12/06/2011 Reimb Mileage - MNAPA Conference 0.00 12/06/2011 Reimb Computer Equip - Wireless Mouse 0.00 12/06/2011 Reimb Ink for Plotter 0.00 12/06/2011 Membership Dues Task Type PO # Close POLine # No No No No No No No No 0000 0000 0000 0000 0000 oo6V 0000 AP - To Be Paid Proof List (12/01/11 - 2:51 PM) Page 6 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # LINNER Linner Electric Company, Inc. 22015 11/30/2011 571.25 0.00 12/06/2011 Electric Repairs to Holiday Lights No 0000 204-450-5200-44300 Miscellaneous 22015 Total: 571.25 LINNER Total: 571.25 LUMBY Lumby Sharon 11/29/2011 11/29/2011 200.00 0.00 12/06/2011 Reimburse Refigerator Purchase No 0000 101-410-1940-42230 Building Repair Supplies 11/29/2011 Total: 200.00 LUMBY Total: 200.00 MAINDESI Main Street Design 18154 11/16/2011 204-450-520044300 Miscellaneous 18154 Total: MAINDESI Total: 5,866.02 0.00 12/06/2011 Holiday Lights 5,866.02 5,866.02 No 00t MARVS Marv's Professsional Tools 238901 06/30/2011 37.52 0.00 12/06/2011 Spill Free Funnel No 0000 101-430-3100-42400 Small Tools & Minor Equipment 238901 Total: 37.52 243193 11/17/2011 14.87 0.00 12/06/2011 Socket Drives No 0000 101-430-3100-42400 Small Tools & Minor Equipment 243193 Total: 14.87 MARVS Total: 52.39 MENARDSO Menards - Oakdale 36354 11/14/2011 53.91 0.00 12/06/2011 Sign Posts No 0000 101-450-5200-42250 Landscaping Materials 36354 Total: 53.91 37394 11/17/2011 23.96 0.00 12/06/2011 Paint brushes, tie wire, mop head No 000U- 101-450-5200-42150 Shop Materials 37394 Total: 23.96 37523 11/17/2011 80.02 0.00 12/06/2011 Thermostat, drano, plunger, frig filter No 0000 101-450-5200-44010 Repairs/Maint Bldg 37523 Total: 80.02 39199 11/22/2011 37.95 0.00 12/06/2011 Holiday Lights Hardware No 0000 204-450-5200-44300 Miscellaneous 39199 Total: 37.95 42114 11/29/2011 32.05 0.00 12/06/2011 Electric Fine Saw No 0000 101-450-5200-42400 Small Tools & Minor Equipment AP - To Be Paid Proof List (12/01/11 - 2:51 PM) Page 7 Invoice # Inv Date 42114 Total: 42549 11/30/2011 101-410-1320 11300 Miscellaneous 42549 Total: MENARDSO Total: MILLSCOL Mills Cole 11/14/2011 11/14/2011 101-410-1450-43620 Cable Operations 11/14/2011 Total: MILLSCOL Total: MNDOH MN Department of Health 11/23/2011 11/23/2011 601-494-9400-43820 Water Utility 11/23/2011 Total: MNDOH Total: MNLABOR DEPT of LABOR & INDUSTRY 12/01/2011 12/01/2011 101-420-2400-44370 Conferences & Training 12/01/2011 Total: MNLABOR Total: NAMERICA North American Salt Company 70758061 11/18/2011 101-430-3125-42290 Sand/Salt 70758061 Total: NAMERICA Total: NEXTEL Nextel Communications 761950227-102 11/18/2011 101-420-2220-43210 Telephone 761950227-102 11/18/2011 101-420-2400-43210 Telephone 761950227-102 11/18/2011 101-430-3100-43210 Telephone 761950227-102 11/18/2011 101-450-5200-43210 Telephone 761950227-102 Total: Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 32.05 13.20 0.00 12/06/2011 City Hall Refigerator/Counter Repair 13.20 241.09 55.00 0.00 12/06/2011 Cabled Live Mtg - PZ Meeting 11/14/11 55.00 55.00 1,508.00 0.00 12/06/2011 4th Qtr Water Connection Service Supply 1,508.00 1,508.00 20.00 0.00 12/06/2011 Building Official Renewal Fee 20.00 20.00 13,416.12 0.00 I 2/06/201 1 Road Salt 13,416.12 13,416.12 72.34 0.00 12/06/2011 Cell Phone Service - Fire Dept 17.53 0.00 12/06/2011 Cell Phone Service - Building Dept 53.22 0.00 12/06/2011 Cell Phone Service - Public Works Dept 94.98 0.00 12/06/2011 Cell Phone Service - Parks Dept 238.07 No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (12/01/11 - 2:51 PM) Page 8 Invoice # Inv Date Amount Quantity Pmt Date Description Reference NEXTEL Total: 238.07 Task Type PO # Close POLine # OAKD-HIS Oakdale Lake Elmo Historical Socie 10/17/2011 10/17/2011 500.00 0.00 12/06/2011 2011 Donation No 0000 101-410-1110 14300 Miscellaneous 10/17/2011 Total: 500.00 OAKD-HIS Total: 500.00 PARKOSCO Parkos Construction Co, Inc. 5261 11/23/201 I 42,555.69 0.00 12/06/2011 Downtown District Sidewalk Maint 409-480-8000-45300 Improvements Other Than Bldgs 5261 Total: 42,555.69 PARKOSCO Total: 42,555.69 No 0000 PITNEYRE Reserve Account Pitney Bowes 11/28/11 11/28/2011 1,500.00 0.00 12/06/2011 Postage - Surface Water No 0000 603-496-9500-43180 Software Support 11/28/11 11/28/2011 500.00 0.00 12/06/2011 Postage - Regular Water No 0000 601-494-9400-43220 Postage 11/28/11 Total: 2,000.00 P1TNEYRE Total: 2,000.00 POMPS Pomp's Tire Service, Inc. 868832 11/22/2011 2,446.76 0.00 12/06/2011 Four Tires for 04-1 JD Tractor No 0000 101-430-3100-44040 Repairs/Maint Eqpt 868832 Total: 2,446.76 POMPS Total: 2,446.76 PRESSA Anastasia Press 11/15/2011 11/15/2011 55_00 0.00 12/06/2011 Cabled Live - CC Mtg 11/16/11 No 000 101-410-1450-43620 Cable Operations 11/15/2011 Total: 55.00 PRESSA Total: 55.00 RE1STADA Reistad Al Chk Req 11/14/2011 3,000.00 0.00 12/06/2011 Escrow Return Permit #7720 No 0000 803-000-0000-22900 Deposits Payable Chk Req Total: 3,000,00 AP - To Be Paid Proof List (12/01/11 - 2:51 PM) Page 9 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # REISTADA Total: 3,000.00 ROGERS Rogers Printing Services, Corp 18265 11/11/2011 101410-1320-42030 Printed Forms 18265 Total: ROGERS Total: 369.79 0.00 12/06/2011 City Envelopes No 0000 369.79 369.79 S&T S&T Office Products, Inc. 010W4933 11/08/2011 24.13 0.00 12/06/2011 Office Supplies No 101-410-1320-42000 Office Supplies 010W4933 Total: 24.13 010W7460 11/11/2011 70.22 0.00 12/06/2011 Name Plates - Library Board No 0000 206-450-5300-42000 Office Supplies 010W7460 Total: 70.22 S&T Total: 94.35 SAMSCLUB Sam's Club 1088 11/21/2011 213.71 0.00 12/06/2011 Ice Melt - City Hall No 0000 101-410-1320-44300 Miscellaneous 1088 Total: 213.71 11/17/2011 11/17/2011 45.84 0.00 12/06/2011 Rehab Supplies, Station Supplies - No 0000 101-420-2220-44300 Miscellaneous 11/17/2011 11/17/2011 47.88 0.00 12/06/2011 Station Supplies - Ice Melt - No 0000 101-420-2220-44010 Repairs/Maint Bldg 11/17/2011 11/17/2011 24.77 0.00 12/06/2011 City Hall Supplies - No 0000 101-410-1320-42000 Office Supplies 11/17/2011 Total: 118.49 SAMSCLUB Total: 332.20 TASCH T.A. Schifsky & Sons Inc 52435 11/09/2011 537.69 0.00 12/06/2011 Asphalt - No 0000 101-430-3120-42240 Street Maintenance Materials 52435 Total: 537.69 52526 11/23/2011 127.72 0.00 12/06/2011 Asphalt No 0000 101-430-312042240 Street Maintenance Materials 52526 Total: 127.72 TASCH Total: 665.41 AP - To Be Paid Proof List (12/01/11 - 2:51 PM) Page 10 Invoice # Inv Date TDS TDS METROCOM - LLC 651-779-8882 10/13/2011 101-420-2220-43210 Telephone 651-779-8882 10/13/2011 101-430-3100-43210 Telephone 651-779-8882 10/13/2011 602-495-9450-43210 Telephone 651-779-8882 10/13/2011 601-494-9400-43210 Telephone 651-779-8882 Total: TDS Total: Amount Quantity Pmt Date Description Reference 164.45 156.03 104.79 42 25 467.52 467.52 TOUSLEYE Tousley Ford Inc 905918 11/23/2011 679.16 101-430-3120-44040 Repairs/Maint Eqpt 905918 Total: 679.16 TOUSLEYF Total: 679.16 UM University of Minnesota 12/01/2011 12/01/2011 300.00 10 1-420-2400-44370 Conferences & Training 12/01/2011 Total: 300.00 UM Total: 300.00 USBANK US Bank Trust 33402400 01/01/2012 40,000.00 312-480-8000-46010 Bond Principal 33402400 01/01/2012 920.00 312-480-8000-46110 Bond Interest 33402400 Total: 40,920.00 USBANK Total: 40,920.00 VISA0460 VISA 0791 11/01/2011 41.00 101-410-1320-44300 Miscellaneous 0791 Total: 41.00 VISA0460 Total: 41.00 WASHWFC Assessor Division Washington Count 11/30/2011 11/30/2011 200.00 101-410-1450-43180 Information Technolo /Web 0.00 12/06/2011 0.00 12/06/2011 0.00 12/06/2011 0.00 12/06/2011 Analog Lines - Fire Analog Lines - Public Works Analog Lines - Lift Station Alarms Alarm - Well House #2 0.00 12/06/2011 Heater Core and Install 00-1 0.00 12/06/2011 Annual Building Officials Institute 0.00 12/06/2011 GO Improvement Bond 2002A - Principal 0.00 12/06/2011 GO Improvement Bond 2002A - Interest 0.00 12/06/2011 Annual Card Fee 0.00 12/06/2011 Wash County Web Subscription Svs Task Type PO # Close POLine # No No No No No No No No No No 0000 0000 0000 0000 000P 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (12/01(11 - 2:51 PM) Page 11 Invoice # Inv Date Amount Quantity Pmt Date Description Reference 11/30/2011 Total: 200.00 WASHWFC Total: 200.00 Task Type PO # Close POLine # WIMMERJA Wimmer Jason Chk Req 11/14/2011 5,000.00 0.00 12/06/2011 Escrow Return Permit #7848 - No 0000 803-000-0000-22900 Deposits Payable Chk Req Total: 5,000.00 WIMMERJA Total: 5,000.00 XCEL Xcel Energy 51-0117417-0 12/01/2011 101-430-3160-43810 Street Lighting 51-0117417-0 Total: 51-4572945-7 12/01/2011 101-430-3160-43810 Street Lighting 51-4572945-7 Total: 51-4576456-3 12/01/2011 101-420-2220-43810 Electric Utility 51-4576456-3 Total: 51-4733556-8 12/01/2011 101-450-5200-43810 Electric Utility 51-4733556-8 Total: 51-5044219-0 12/01/2011 101-450-5200-43810 Electric Utility 51-5044219-0 Total: 51-5275289-3 12/01/2011 101-450-5200-43810 Electric Utility 51-5275289-3 Total: 51-5522332-2 12/01/2011 101-430-3160-43810 Street Lighting 51-5522332-2 Total: 51-5747685-4 12/01/2011 101-450-5200-43810 Electric Utility 51-5747685-4 Total: 51-5916043-7 12/01/2011 602495-9450-43810 Electric Utility 51-5916043-7 Total: 51-6429*583-8 12/01/2011 602-495-9450-43810 Electric Utility 51-6429*583-8 Total: 51-6928283-3 12/01/2011 101-430-3160-43810 Street Lighting 51-6928283-3 Total: 32.75 0.00 12/06/2011 Welcome Sign 32.75 58.57 0.00 12/06/2011 Street Lights - Jamley 58.57 481.13 0.00 12/06/2011 Fire Station #2 481.13 12.07 0.00 12/06/2011 Tennis Court 12.07 134.22 0.00 12/06/2011 Parks Building 134.22 9.95 0.00 12/06/2011 Pebble Park 9.95 36.33 0.00 12/06/2011 Traffic Lights - Inwood 36.33 86.01 0.00 12/06/2011 Arts Center 86.01 17.72 0.00 12/06/2011 LiftStation 17.72 15.33 0.00 12106/2011 Lift Station 15.33 25.27 0.00 12/06/2011 Traffic Lights 25.27 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No No 0000 No 0000 No 0000 No 0000 00 AP - To Be Paid Proof List (12/01/11 - 2:51 PM) Page 12 Invoice # Inv Date 51-8711719-3 [2/01/2011 101-430-3160-43810 Street Lighting 51-8711719-3 Total: 516625457-1 12/01/2011 101-450-5200-43810 Electric Utility 516625457-1 Total: XCEL Total: ZACK Zack's, Inc. 27318 11/23/2011 101-410-1940-42110 Cleaning Supplies 27318 11/23/2011 601-494-940042270 Utility System Maintenance 27318 11/23/2011 101-450-5200-42150 Shop Materials 27318 11/23/2011 101-430-3100-42400 Small Tools & Minor Equipment 27318 Total: ZACK Total: Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 11.05 0.00 12/06/2011 Speed Sign Hwy 5 11.05 130.3] 0.00 12/06/2011 Legion Park 130.31 1,050.71 113.48 0.00 12/06/2011 Flat Towels, Toilet paper (City Hall) 46.99 0.00 12/06/2011 Marking paint 205.44 0.00 12/06/2011 Rubber Gloves/Towels/PO towels 80.96 0.00 12/06/2011 Channel Locks 446.87 446.87 Report Total: 199,747.41 No 0000 No 0000 No 0000 No 0000 No 00C No 0000 AP - To Be Paid Proof List (12/01/11 - 2:51 PM) Page 13 CflY Of LAKE ELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: CONSENT ITEM #: MOTION as part of Consent Agenda 12/6/2011 , Downtown District Sidewalk Maintenance — Pay Request No. 1 (Final) Ryan Stempski, Assistant City Engineer Craig Dawson, Interim City Administrator Jack Griffin, City Engineer Mike Bouthilet, Public Works Joe Rigdon, Interim Finance Director SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to accept the work as recommended by the Assistant City Engineer and approve final payment to Parkas Construction Company, Inc., the Contractor for the Downtown District Sidewalk Maintenance in the amount of $42,555.69. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. STAFF REPORT AND BACKGROUND INFORMATION: The Downtown District Sidewalk Maintenance has been fully completed and the project Certificate of Completion has been prepared by the Project Engineer. The warranty period will begin on December 6, 2011, and extend to December 6, 2012. Final Payment in the amount of $42,555.69 has been requested by the Contractor, Parkos Construction Company, Inc., based upon the work completed. The final quantities have been reviewed and approved by city staff. The project was completed at a slightly higher total project cost of $57,180. The original estimated budget was $55,000. The Construction contract was completed slightly under budget at $42,555.69 as compared to the original bid price of $43,600.45. The project overage was for total engineering costs that exceeded the original estimate. Additional fees were required for repackaging and rebidding the project as well as added construction coordination services required to answer contractor requests for information and working with local businesses. The City share of the project costs is funded from the Infrastructure Reserve Fund. The cost share for Washington County has been calculated at $24,059.92. This includes a 50% cost share of the total project costs, excluding the work south of the Union Pacific Railroad Tracks. Staff has submitted a reimbursement request from the County. -- page 1 -- City Council Meeting Downtown Distric Iewa1k Maintenance - Final Payment December 6, 2011 Consent Agenda Item # RECOMMENDATION: Based upon the above staff report and background information, it is recommended that the City Council accept the work as recommended by the Assistant City Engineer and approve as part of tonight's Consent Agenda Final Payment in the amount of $42,555.69 to Parkos Construction Company, Inc. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda, table this item for future consideration, or further discuss, deliberate and/or, if appropriate, amend the recommended motion prior to taking action, If the latter is done so, the appropriate action of the Council following such discussion would be: "Move to Accept the Work as Recommended by the Assistant City Engineer and Approve Final Payment to Parkos Construction Company, Inc. for the Downtown District Sidewalk Maintenance in the Amount of $42,555.69; to be paid from the Infrastructure Reserve Fund [and amended and/or modified at tonight's meeting]." ATTACHMENTS: (2) 1. Certificate of Completion 2, Contractor Invoice Dated 11/23/2011 SUGGESTED ORDER OF BUSINESS Of removed from the Consent Azenda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion ..,.., ............ . .......... . ......... . ...... .............. ..... Mayor & City Council Actionon Motion ............. . ......... ..................„..........,.........„, Mayor Facilitates -- page 2 — PARKOS CONSTRUCTION CO. INC. qo S. ROBERT STREET !ST ST PAUL, MN 56118 USA Voice: 651-455-0031 Fax: 651-450-7740 iteM144,01074.07"..1.,-'* City of Lake Elmo 3800 Laverne Ave North Lake Elmo, MN 55042 BMW 200.00 213,00 10.00 1,226.80 603,00 Check/Credit Memo No: Alrborne C ack Se al Trip Hazard SPAWL Panel Replacement Overlay Subtotal Sales Tax Total lnvolce Amount P ayment/Cred it Applied 0##04 111MAINAM Invoice Number: 5261 Invoice Date: Nov 23, 2011 Page: Duplicate p.A.0.1u-i-41, • City of Lake Elmo 3800 Laverne Ave North Lake Elmo, MN 55042 519114r1SERAWWWWWWW0 P46a0 Net 30 Days uktemto-trovro; goolfitiletiAtejV 1 12/23/11 WMPAIINIMIKIM -.101491,M efetiAlit' I 23.54 4,708.00 19.26 37.12 20.78 13,07 4,102.38 371.20 25,492.90 7,881,21 42,555.69 42,555.69 CITY OF LAKE ELMO, MN DOWNTOWN DISTRICT SIDEWALK MAINTENANCE CERTIFICATE OF COMPLETION DATE OF ISSUANCE: December 6, 2011 OWNER: CITY OF LAKE ELMO, MN CONTRACTOR: PARKOS CONSTRUCTION COMPANY, INC. PROJECT NAME: DOWNTOWN SIDEWALK MAINTENANCE PROJECT NO.: 2011.125 Z This Certification of Completion applies to all work under the Contract Documents L This Certification of Completion applies to the following specified parts of the Contract Documents I do hereby certify that the work to which this Certificate applies has been constructed in accordance with the Contract dated September 27, 2011, and related Contract Documents as prepared by TKDA dated September 12, 2011. The above -mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: December 6, 201 1 Ryan W. Stempski Reg. No. 45395 FOCUS Engineering, inc. THE WARRANTY PERIOD BEGINS Dec. 6, 2011 AND ENDS Dec. 6, 2012 CITY OF LAKE ELMO MAYOR & COUNCIL QOMMUNIC/ATION DATE: 12/06/2011 CONSENT ITEM #: 4. MOTION AGENDA ITEM: Consider Approval of 2012 Liquor License Renewals SUBMITTED BY: Sharon Ltunby City Clerk THROUGH: Craig W. Dawson, Interim City Administrator SUMMARY AND ACTION REOUESTED: The City has received liquor applications for 2012, required fees, and insurance certificates. As all applications are in order, it is respectfully recommended that the City Council approve these renewals as part of tonight's Consent Agenda. BACKGROUND & STAFF REPORT: The City is respectfully requested to consider granting the following 2012 liquor applications: On -sale intoxicating liquor and On -sale Sunday intoxicating license to Prom Management Group, Inc. (Operators of Tartan Park) and to the Machine Shed Restaurant; conditioned upon approval by the Washington County Sheriff's Dept. On -sale intoxicating liquor, Off -sale intoxicating liquor and On -sale Sunday intoxicating liquor license to the Twin Point Tavern and Lake Elmo Inn icluding the outside patio; conditioned upon approval by the Washington County Sheriffs Dept. On -Sale intoxicating liquor license for the Lake Elmo Inn Event Center; conditioned upon approval by the Washington County Sheriff's Dept. Off -sale intoxicating license for Lake Elmo Wine Company; conditioned upon approval by the Washington County Sheriff's Dept. Off -sale intoxicating license for Village Wine and Spirits; conditioned upon approval by the Washington County Sheriffs Dept. As of this date, the City has not received an application for an off -sale liquor license renewal from Lake Elmo Market, located at 11025 10th Street. By State Statute, the City is limited to six on -sale liquor licenses. — page 1 -- City Council Meeting v [Agenda item/Subject] [Meeting Date] Regular [or Consent] Agenda Item # /X] Statute does not limit the number of off -sale liquor licenses that a City may issue (except for cities of the first class). Lake Elmo has followed a practice of limiting the total number of off - sale licenses to six. RECOMMENDATION: Based upon the above information, City staffrecommends approval of the 2012 liquor licenses renewals as part of tonight's Consent Agenda. Move to approve 2011 Liquor Licenses Renewal, as presented" ATTACHMENTS: None page 2 -- cm( OF ' LAKE ELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: DATE: December 6, 2011 CONSENT 5, ITEM #: Motion; Resolution Removal of Parcels from Assessment Roll for Storm Water Utility Delinquencies Cathy Bendel, C & J Consulting Joe Rigdon, Interim Finance Director THROUGH/REVIEWED BY: Craig W. Dawson, Interim City Administrator SUMMARY AND ACTION REOUESTED: The City Council has held the public hearing required to place delinquent utility charges on the assessment roll to be placed on next year's property tax statement. The City has recently received payment in ten delinquent surface water quality (aka storm water) utility accounts. By resolution, the Council may inform Washington County that these delinquencies may be removed from the assessment roll that has been certified to the County. It is requested that the Council adopt such a resolution. An appropriate motion would be: "Motion to adopt Resolution No. 2011 - to remove parcels from the 2012 assessment roll for delinquent surface water management utility charges." ATTACHMENTS: Proposed resolution with attached list of affected properties/accounts SUGGESTED ORDER OF BUSINESS (if removed from Consent Agenda): Introduction & Report Interim City Administrator Questions from Council to Staff ....... . ............... ............... ....... Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Discussion Mayor & Council Members Motion(s) Mayor Facilitates -- page 1 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2011 A RESOLUTION RELATED TO 2012 UTILITY ASSESSMENT ROLL FOR DELINQUENT STORM WATER BE IT RESOLVED, by the City Council of the City of Lake Elmo, Minnesota, the attached list of 10 parcels may be removed from the 2012 assessment roll due to receipt of payments made to the City of Lake Elmo. APPROVED by the Lake Elmo City Council on this 6th day of December, 2011. By: ATTEST: Dean A, Johnston, Mayor Craig W. Dawson, Interim City Administrator City of Lake Elmo Parcels to be removed from 2012 Assessment file Updates as of 11.30.2011 Address P1D Amount 9990 Richmond Ave #400 S 03.029.21.13.0014 82.50 5850 Hytrail Ave N 05.029.21.11.0011 88.00 5431 Hilltop Ave N 05.029.21.42.0022 88.00 12521 Marquess Way N 06.029.20.31.0035 88.00 5049 Marquess Trl Cir N 06.029.20.33.0023 122.65 11912 Stillwater Blvd 12.029.21.44.0002 165.00 2841 Imperial Ave N 21.029.21.22.0009 88.00 10483 10th Street N 35.029.21.21.0001 122.65 10178 Tapestry Hill 11.029.21.33.0010 122.65 PO Box 1245 15.029.21.43.0006 165.00 1,132.45 wA ZXV-41lYII.:j JL LiK 11^.7l.LP sm/niv.a`nxic x"ilczm xuin"wNx�m Management, Honorable Mayor, and City Council City ofLake Elmo Lake Elmo, Minnesota Yvearc pleased to co nfirm our understanding of the services we are to provide the City of Lake Elmo (the City) for the year ended December 3\,2Ol\.lYewill audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund inibi-mation, which collectively comprise tile basic financial statements of tile City as of and for the year ended December ]|,2O||. Accounting standards generally accepted in the United Slates ofAmerica provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplernent the C\ty's basic financial mmxmunts. Such information, although not part oythe basic financial xtatumomo' is required by the Governmental Accounting Standards Board who considers |t tobounessential part u[financial reporting for placing the basic financial statements in om appropriate operational, mmnnmiu, or historical context. ywpart o[our engagement, we will apply xo*uin limited procedures tnthe, Ci\y`o R8| in accordance with auditing standards generally accepted in the United States of America, These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing tile information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance onthe information hoonuao the limited procedures do not provide us with sufficient evidence to express vnopinion or provide any assurance. The following R8| is required by generally accepted accounting principles and will bosubjected tvcertain limited procedures, but wil I no( be audited: |) Management's Discussion and 4nahsio, 2) Schedule offunding progress for other post employment benefits We have also been engaged mreport unsupplementary information other than D8\that accompanies the Cky`ofinancial statements, We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used toprepare the fionooiu|statements ortvthe financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United Btn/oo o[America and will provide an opinion on it in relation to the financial staternents as a whole: |) Combining and Individual Fund Financial Statements and Schedules The following other information accompanying the financial statements will not hosu�ectedmthe auditing procedures applied in our audit of tile financial statements, and for which our auditor's report will not provide an opinion or any assurance, |) Summary Financial Report — Reyenues and Expenditures for General Operations — Governmental Funds mo,/e*AoAudit Engagement L*on City nfLake Elmo November 2|,20l\ Page 2 Audit Objective The objective uyour audit |s the expression ofopinions oomwhether your basic financial statements are fairly presented, ioall material respects, iuconformity with generally accepted accounting principles and ,ureport wnthe fairness ofthe supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States o[America and will include tests of the accounting records and other procedures vwconsider necessary toenable oxuoexpress such opinions, lfour opinions unthe financial statements are other than unqualified, nmwill discuss the reasons with you inadvance. If, for any reason, poare unable to complete the audit or are unable to form or have not formed opinions, we may decline toexpress opinions ormissue areport :uxresult nfthis engagement, Management Responsibilities Management |oresponsible for the basic financial statements and all accompanying information anwell aoall representations contained therein, VVe will prepare ugeneral ledger trial balance for use during thewudit. Our preparation oythe trial balance will 6olimited mformatting information in the geoomd | edger into w working trial halunoo. Aopart o[the audit woni!|prepare udraft of your financial statements and related notes. We will also use the financial statements to complete the Office of the State Auditors' City Reporting Form. We will also enter the current year capital asset transactions into our software based nn information you provide. You are also responsible for making all management decisions and performing all management Uunohons;f6rdeuignx'ingunind\viduu|w)thookoh|cokiU.know|edgo,urcxperioocxtuopurooeow'uyxixtanxowbhthx preparation of your financial statements and related notes and any other nonattest services we provide; and for evaluating the adequacy and results o[those oem|;emand accepting responsibility for them. Management ioresponsible for establishing and maintaining effective internal controls, including monitoring ongoing activities; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position v[the governmental activities, the business -type activ|buo, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City and the respective changes in financial position and where applicable, cash Oono' inconformity with V.S. gonc,u)|y accepted accounting principles, Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. Your responsibilities include adjusting the financial statements to correctmute,|o| misstatements and confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as whole. You are responsible for the design and implementation o[progromoand controls uoprevent and detect fraud, and for informing ux about all known nrsuspected fraud orillegal acts affecting the government involving (|) management, (2)employees who have significant roles in |nxxnW control, and (3)nthnm where the fraud or illegal acts could have ^material effect on the financial statements, Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, regulators, or others, In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations, You are responsible for the preparation ofthe supplementary information inconformity with U.S. generally accepted accounting principles, You agree tn include our report on the supplementary information in any document that contains and indicates that wnhave reported onthe supplementary information. You also agree to include (he audited fiounuiu/ statements with any presentation nfthe supplementary information that includes our report thereon or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. consAAoAucfitEngagement Lvm: City ofLake Elmo November %|.2O|| Page 3 Audit Procedures —General An audit includes examining, nnotest basis, evidence supporting the amounts and disclosures |nthe finwndalstatements; therefore, our audit will involve judgment about the number of transactions to be examined and the areasmbctested. Wowill plan and per5unnthe audit * obtain reasonable rather than absolute assurance about whether the fioemu}a|statements are free n[ material misstatement, whether from (\) errors, (2) fraud ulent fin aoc\a| reporting, (3)misappropriation o[assets, o,(4)violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because ooaudit hdesigned tnprovide reasonable, but not absolute, assurance and because vmwill not perform adetailed examination oyall transactions, there iowrisk that material misstatements may exist and not hcdetected byus. [naddition, on audit ixnot designed todetect immaterial misstatements, orviolations oflaws orgovernmental regulations that donot have a direct and material effect on the Financial statements, However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors, Our procedures will inoluJutests o[documentary evidence supporting the tmm,acdonnrecorded huthe accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected |ndiv|d"a|o, funding sources, o,edizo,o' and financial institutions. Wewill request written representations from your attorneys *vpart of the engagement, and they may bill you for responding mthis inquiry, At the conclusion o[our audit, nowill require certain written representations from you about the fimmoiu|statements and related matters. Audit Procedures —Internal Control Our audit will include obtaining, om understa nding entity and its environment, including internalcontrol, sufficientassess ou��o the risks o[mmo,|�mimummmomvfthe financial statements and uodesign the nature, timing, and extent oyfurther audit procedures. An audit is not designed to provide assurance on internal control or to identify deficiencies in internal control. Uvwu"cr, during the audit, we will communicate to management and those charged with governance internal oonon| »:|mcd matters that are required to be communicated undmA[CpA professional standards. Audit Procedures —Compliance Ampart nfobtaining reasonable assurance about whether the financial statements are free nymaterial misstatement, *ewill perform tests of the City's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the Objective of our audit will not be to provide an opinion on overall compliance and we will not express such wm Engagement Administration, Fees, and Other Womay from time m6muand depending onthe circumstances, use third -party oerv|mcpmvNcr in serving your account, VYc may share confidential information about you with these service providers, but remain committed mmaintaining the confidentiality and security of your information, Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality ol"your personal information, In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality ofyour information and we will take reasonable precautions to determine that they have appropriate procedures inplace *prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with thothird'purty service provider. Furthermore, we will remain responsible for the work provided by any such third-par(y service providers, VYuunderstand that your employees will prepare all cash orother confirmations worequest and will locate any documents selected byuofor testing, un1/nAAaAudit Engagement Letter City of Lake Elmo November 21, 2011 Page 4 Steven McDonald, CPA is the engagement partner and is responsible for supervising the engagement and signing the report or authorizing another individual to sign them. We expect to begin our audit on approximately April 30, 2012 and to issue our reports no later than June 30, 2012. Our fee for these services will be as follows: Audit 26,200 2011 Office of the State Auditor's Reporting Form 575 The fee estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the engagement. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Amounts not paid within 30 days from the invoice date will be subject to a late payment charge of 1 percent per month (12 percent per year), If for any reason the account is turned over to an attorney for collections, additional fees will be added to cover collections cost. In accordance with our Firm policies, work may be suspended if your account becomes 60 days or more overdue and will not be resumed until your account is paid in full, Uwe elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed your return, You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket expenditures through the date of termination, Except in the event of your failure to make a payment when due, in the event of a dispute related in any way to our services, our Firm and you agree to discuss the dispute and, if necessary, to promptly mediate in a good faith effort to resolve. We will agree on a mediator, but if we cannot, either of us may apply to a court having personal jurisdiction over the parties for appointment of a mediator. We will share the mediator's fees and expenses equally, but otherwise will bear our own attorneys' fees and mediation cost. Participation in such mediation shall be a condition to either of us initiating litigation. In order to allow time for the mediation, any applicable statute of limitations shall be tolled for a period not to exceed 120 days from the date either of us first requests in writing to mediate the dispute. The mediation shall be confidential in all respects, as allowed or required by law, except our final settlement positions at mediation shall be admissible in litigation solely to determine the prevailing party's identity for purposes of the award of attorneys' fees. In the event you fail to make a payment for services or to reimburse for costs advanced by the Firm on your behalf, the Firm reserves the right to take all legally permissible action, including commencement of litigation in lieu of mediation, and shall have the right to collect its costs, including reasonable attorney's fees, incurred in any such collection or litigation activities. We have the right to withdraw from this engagement, in our discretion, if you do not provide us with any information we request in a timely manner, refuse to cooperate with our reasonable requests or misrepresent any facts. Our withdrawal will release us from any obligation to complete your return and will constitute completion of our engagement. You agree to compensate us for our time and out- of-pocket expenses through the date of withdrawal. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please lei us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, ABDO, EICK & MEYERS, LLP Certified Public Accountants & Consultants tivvt,zeR Steven McDonald CPA Managing Partner RESPONSE: This letter correctly sets forth the understanding of the City of Lake Elmo, Signature: Title: 2011 GAAS Audit Engagement Letter CITY 'f °LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: 12/06/2011 CONSENT ITEM #: 6 MOTION as part of Consent Agenda AGENDA ITEM: Audit Engagement Letter SUBMITTED BY: Joe Rigdon, Interim Finance Director, KDV THROUGH: Craig Dawson, Interim City Administrator REVIEWED BY: N/A SUMMARY AND ACTION REQUESTED:, The City Council is being asked to consider approving ABDO EICK & MEYERS LLP for the 2011 audit of the financial statements of the governmental activities, the business -type activities (enterprise funds), each major fund and the aggregate remaining fund information, which collectively comprise the basic financial statements of the City as of and for the year ending December 31, 2011. The objective of the audit is the expression of opinions as to whether the basic financial statements are fairly presented, in all material respects and in conformity with accounting principles. The audit will be conducted in accordance with auditing standards generally accepted in the United States of America and will include tests of the accounting records and other procedures considered necessary to enable the Auditors to express such opinions. The fee for services as outlined in the letter of engagement will be $26,200 and an additional $575 for the Office of the State Auditor's Reporting Form. Total audit and reporting form fees in recent years have been as follows: • 2008 audit: $27,920 2009 audit: $27,935 • 2010 audit: $26,735 • 2011 audit: $26,775 proposed No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. -- page 1 -- ••• City Council Meeting Audit Engagement Letter December 6, 2011 Consent Agenda Item # X RECOMMENDATION: It is recommended that the City Council approve the attached letter of engagement from ABDO, EICK & MEYERS LLP for the City's 2011 financial statement audit. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and deliberate prior to taking action. If done so, the appropriate actions of the Council following such discussion would be: "Move to approve ABDO, EICK & MEYERS LLP letter of engagement for the City's 2011 financial statement audit" ATTACHMENTS: 1. ABDO, EICK & MEYERS LLP letter of engagement for the City's 2011 financial statement audit SUGGESTED ORDER OF BUSINESS (1f removed from the ConsentAgenda); Questions from Council to Staff , ................... Mayor Facilitates Call for Motion ......... .,.,..„ ..... ....... ............ ...... Mayor & City Council Discussion ..... „...............,....„......... ....... Mayor & City Council Action on Motion ....... ..„.... ...... .......,........„„ .................. . ........ Mayor Facilitates -- page 2 -- 4 CITY OF LAKE ELMO - MAYOR & COUNCIL COMMUNICATION DATE: 12/06/2011 CONSENT ITEM #: MOTION thiuri of Consent Agenda AGENDA ITEM: PERA Firefighter Declaration SUBMITTED BY: Joe Rigdon, Interim Finance Director, KDV THROUGH: Craig Dawson, interim City Administrator REVIEWED BY: N/A SUMMARY AND ACTION REOUESTED:, As part of its Consent Agenda, the City Council is asked to approve Resolution 201 1-xx Public Employees Retirement Firefighter Declaration. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION & STAFF REPORT: The Public Employees Retirement Association (PERA) has notified the City that under Minnesota Statutes, the City must provide written certification of the eligibility for retirement plan membership of certain positions. The eligibility of employees who contribute to the PERA Police and Fire Plan but are not employed as full-time police officers or firefighters must be declared in writing to PERA through a resolution. The City created a part-time Firefighter/Administrative Assistant position in 2011, with responsibilities including the performance of duties of a Lake Elmo firefighter, and essential duties including the responding to emergency calls. RECOMMENDATION: It is recommended that the City Council approve the attached resolution declaring that the position of Firefighter/Administrative Assistant includes duties of a firefighter engaged in the hazards of fire fighting, and requesting that the City employee holding that position (Michael Cornell) be accepted as a member of the PERA Police and Fire Plan. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and deliberate prior to taking action. If done so, the appropriate actions of the Council following such discussion would be: "Move to approve Resolution 2011-XX Public Employees Retirement Association Firefighter Declaration" -- page 1 -- City Council Meeting PERA Firefighter Declaration December 6, 2011 Consent Agenda item # X ATTACHMENTS: 1, Job Description: Part Time Firefighter/Administrative Assistant 2. Resolution 2011-XX Public Employees Retirement Association Firefighter Declaration SUGGESTED ORDER OF BUSINESS (if removed from the Consent AEenda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion „..................... „.......... ............... Mayor & City Council Action on Motion Mayor Facilitates -- page 2 -- LAKE ELMO FIRE DEPARTMENT JOB DESCRIPTION PART TIME FIREFIGHTER/ADMINISTRATIVE ASSISTANT SALARY - $13.501hour The Position of Lake Elmo Firefighter/Administrative Assistant shall operate within the boundaries as set forth in the Departmental Policy and Standard Operating Guidelines and shall answer directly to the Command Officers and ultimately the Chief The work schedule for this Part Time Position shall be four continuous hours per day, Monday — Friday, between 8-4:30. There shall be flexibility for the four hour window. QUALIFICATIONS: • High school diploma or general education degree (GED). • Valid drivers license • State Certified Firefighter I and II • State Certified HazMat Operations Level • State Certified First Responder • Current Certification in Rescuer CPR • Meet any additional requirements as stated in the Lake Elmo Fire Department Job Description for Firefighter. Current certified FAO (Fire Apparatus Operator) (see Policy 3-205, FIRE ENGINEER) or obtain certification within I 8 months of hiring. RESPONSIBILITIES: Perform duties of a Lake Elmo Firefighter. Perform a variety of clerical and administrative work in keeping official records, data entry, providing administrative support to the fire command staff. Working knowledge in the operation of various office equipment, (copier, fax, scanner, phones, etc.) Working knowledge in the operation of computers, Microsoft Office and it's components, (Word, Excel, Publisher, etc.). Perform basic maintenance of department vehicles. Perform basic Station Duties needed to maintain Fire Stations. 2/11/2011 p ESSENTIAL DUTIES: Respond to emergency calls Drive and operate all vehicles in fleet. Perform data entry to ensure compliance with NFIRS reporting to the State of MN (Image Trend) in a timely manner. Enter and maintain department records in Image Trend and Firehouse as required. Develop and maintain pre -plans of commercial businesses in Lake Elmo. Develop and maintain Inspection Program of Lake Elmo Businesses, SUMMARY: This position shall report directly to the Chief or designee. During scheduled work hours employee shall not earn or receive credit for the following: • Relief Association • Call Percentage v 1/2011 2 City of Lake Elmo Washington County, Minnesota Resolution No. 2011- Public Employees Retirement Association — Fire Fighter Declaration WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire plan for a non -full-time fire fighter provided the fire service position regularly engages the employee in the hazards of fire fighting as an employee of a designated fire department. BE IT RESOLVED, that the City Council of the City of Lake Elmo hereby declares that the position of part-time Fire Fighter/Administrative Assistant, currently held by Michael Cornell is, for primary services provided, that of a fire fighter engaged in the hazards of fire fighting. BE IT FURTHER RESOLVED, that this governing body hereby requests that the named employee be accepted as a member of the Public Employees Police and Fire Plan effective the date of this employee's initial Police and Fire Plan salary deduction by the governmental subdivision. ADOPTED by the Lake Elmo City Council on the 6th day of December, 2011. Dean A. Johnston, Mayor ATTEST Craig W. Dawson, Interim City Administrator STATE OF MINNESOTA: COUNTY OF WASHINGTON: I, Sharon Lumby, clerk of the City of Lake Elmo, do hereby certify that this is a true and correct transcript of the resolution that was adopted at a meeting held on the 6th day of December, 2011; the original of which is on file in this office. I further certify that members voted in favor of this resolution and that members were present and voting. Signed: DATE: AVOR & COUNCIL COMMUNICATION DATE: December 6, 2011 CONSENT ITEM #: 8, Information only; No action AGENDA ITEM: Final Cost for Monument Sign on Keats Avenue north of1-94 SUBMITTED BY: Craig W. Dawson, Interim City Administrator REVIEWED BY: Joe Rigdon, Interim Finance Director SUMMARY AND ACTION REOUESTED: This item is a staff memorandum for information only; no action is required or requested. BACKGROUND INFORMATION: The City has constructed a monument/entry sign in the median of Keats Avenue between 1-94 and 10th Street North. The project has been completed, and staff believes that all of the invoices for the project have been received. The summary of expenses paid by general categories is as follows: Engineering: $ 7,699.84 Construction: $ 11,614.00 Furnish/install sigh: $ 5,050.00 Electric: $ 6,200.00 Landscanine: $ 917.38 Total $ 31,470.22 FINANCIAL/LEGAL/OTHER CONSIDERATIONS: The costs for this project were assigned to the Furniture, Fixtures, and Equipment (FFE) fund. Other activities have been recorded in this fund during 2011. As of November 29, 2011, the fund has a deficit of $13,517.36. This deficit is being addressed by increasing the level of transfer from the General Fund from $6,000 in 2011 to $24,000 in 2012. If no further activity is recorded in the FFE fund, the resulting balance in the FFE fund will be $10,483 to start next year. -- page 1 -- CITY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: DATE: December 6, 2011 REGULAR ITEM #: 10 Conduct and Close Public Meeting Public Meeting on 2012 on Proposed Tax Levy and General Fund Budget Craig W. Dawson, Interim City Administrator Joe Rigdon, Interim Finance Director SUMMARY AND ACTION REQUESTED: While State statutory requirements to hold a truth -in -taxation hearing have been repealed, the City is still required to hold an advertised meeting at which the public is allowed to speak and the annual budget and property tax levy are discussed. Tonight's public meeting was duly advertised in the Oakdale -Lake Elmo Review, and no public comments have yet been received. Following public comment during the public meeting tonight meeting, the Council may close this public meeting or continue it to a future Council meeting. It is not necessary to continue the public meeting if the Council continues consideration of the 2012 property tax levy and General Fund budget to a subsequent Council meeting. Appropriate motions by the Council would be: "Motion to close the public meeting on the Proposed 2012 Property Tax Levy and Proposed 2012 General Fund Budget " or "Motion to continue this public meeting to December , 2011." STAFF REPORT: As Mr. Rigdon is unable to be present at tonight's Council meeting, Mr. Dawson will make the presentation that staff has prepared for the public hearing. SUGGESTED ORDER OF BUSINESS: Introduction & Report__ ..... ............... _______ Interim City Administrator Questions from Council to Staff ............... ..... _________ Mayor Facilitates Public Comment Mayor Facilitates Discussion (if any) ............... ............................... ....Mayor & Council Members Motion Mayor Facilitates -- page 1 -- 4 CITYOF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: December 6, 2011 REGULAR ITEM #: i . Resolutions: Tax Levy; Budget AGENDA ITEM: 2012 Final Property Tax Levy and 2012 General Fund Budget SUBMITTED BY: Craig W. Dawson, Interim City Administrator Joe Rigdon, Interim Finance Director SUMMARY AND ACTION REOUESTED: Following the close of the public meeting on the 2012 proposed tax levy and budget, City Council may act on the resolutions necessary to adopt the 2012 Tax Levy and the 2012 General Fund Budget. These resolutions have been prepared for Council action. The recommended motions are as follows: 1. "Motion to approve the Resolution to adopt the 2012 final property tax levy [as amended]." 2. "Motion to approve the Resolution to adopt the 2012 General Fund budget [as amended]." BACKGROUND INFORMATION: Under Minnesota law, the City is required to adopt and certify to the County its annual tax levy, this year by December 28, 2011. In addition, the City adopts at the same time its annual Operating and Capital budgets, all of which become effective January 1, 2012. Subsequent to the public meeting but no later than December 28, the City Council must adopt a final property tax levy and final budget. The final property tax levy can not exceed the proposed levy Certified to Washington County in September. The proposed Final 2012 Budget is a consolidated budget which includes all funds of the City. Only the General Fund, however, is legally required to be adopted. STAFF REPORT: On September 13, 2011, the City Council reviewed and approved the proposed Preliminary 2011 General Fund Budget, which reflected a number of items included under "Scenario C5". Under this scenario, the City's tax levy for the General Fund would be reduced $42,000 from the 2011 levy and would also include a new Library levy of $260,076. The proposed budget under consideration at tonight's meeting reflects all of the elements the Council discussed leading up to including decisions made on September 13. One further change made has been a reduction in the "Compensation Adjustment Fund" to reflect a transfer of $3,114 for City -paid health insurance costs, thus leaving $13,411 in that fund, as authorized by the Council on November 1, 2011. Revenues: The 2012 proposed tax levy certification adopted by the City Council and submitted to the Washington County is a follows. A column for 2011 levies is included for comparisons. — page 1 -- 2012 General Fund Levy $ 2,442,903 2004 G.O. Capital Improvement Plan Bonds 160,000 2006A G.O. Equipment Certificates of Indebtedness 2009B G.O. Improvement Bonds 2010A G.O. Improvement Bonds 2011A G.O. Improvement Bonds Library Levy 56,532 54,639 62,865 76,000 260,078 Total Levy $3,113,017 2011 $2,484,903 * 140,000 56,118 50,544 57,994 $2,789,559 *Includes $75,036 in levies to recover MVHC unalloted in 2010 and cut in 2011 New to the City's schedule of levies is the Library levy. This is the same amount that Lake Elmo property owners would have paid to Washington County for its library system in 2012, so the impact on one's overall property tax for 2012 is tax -neutral. With the City Library levy, the City's tax levy will increase 11.597% over 2011. Without the Library levy, the City's tax levy will increase 2.272% over 2011. The City's General Fund (i.e. operating) levy will decline 1.691% from 2011. Excluding the Library levy, all of the increase in the City's tax levy is attributable to debt service obligations. In terms of non -tax revenues. the City is again forecasting a conservative increase or no increase in other revenues, especially including local fees. This approach is reflective of the current (and on- going) states of the local and national economies. Expenditures: The 2012 proposed budget includes the items and levels of expenditure that resulted in the preliminary General Fund budget approved by the Council on September 13. The 2012 General Fund budget expenditures (including transfers and other financing uses) total $2,900,986, or a 0.6% reduction from the 2011 General Fund budget of $2,919,223, Tax Impacts: Two major factors will affect taxes and tax rates in 2012. 1. MVHC: The first is the set of changes in the act of the Legislature to end the Market Value Homestead Credit (MVHC). As originally conceived, property owners' tax statements were reduced (on a sliding scale) by the State from what local units of government certified, and the State in turn would pay those amounts back to the local governments. In only a few years of the existence of the program did the State fully pay what it had promised to local governments, leaving them short of expected revenue and having to use cash reserves and/or cut services, and later perhaps to use extra levy authority to recover MVHC cuts and unallotments. With the repeal of the MVHC payments. local governments will receive all of the taxes they levy. Even if a city's levy were to remain the same from 2011 to 2012, local taxpayers' taxes would go up to make up the difference that the State was supposed to have paid. page 2 -- Another aspect of the new law is the introduction of a "homestead market value exclusion (HMVE)," which is also applied to the value of properties on a sliding scale that declines with increasing residential property values. The effects of this program will vary significantly, particularly from city to city, based on the mix of residential property values and on the mix of residential vs. non-residential properties in the taxing jurisdiction. Generally speaking, the tax burden is shifted from lower -valued homesteads to higher -valued homesteads and commercial properties, and from residential properties to commercial properties. Excluding some portion of the market value lowers the taxable value, and hence tax rates would need to rise in order to yield the same revenue. 2. Changes in Property Values and Tax Capacity: Property values in the local real estate market have continued to decline. The tnedian homestead value (the middle -point in the distribution of value) declined 10.2%, from about $349,000 for Pay 2011 and to about $317,500 for Pay 2012. The City's adjusted tax capacity, the result of Minnesota's classification and (new) formulas for determining taxable value, will fall an estimated 10.0%, from $12.83 million in 2011 to an estimated $11.55 million. Tax Rates: Tax rates are simply the mathematical result of dividing the tax needed to support the budget by the tax base, Taxes are levied in dollar amounts, not in tax rates. Taxes do not automatically rise or fall by changes in property values. Rather, changes in property values may affect a property's share of the tax to be collected, especially compared to the change in value of other properties. Given the new laws in effect relating to taxable value and to the changes in property values, the following tax capacity rates result from the City's proposed tax levy: 2012 2011 2012 2011 % Change Tax Lew Tax Levy Change w/Library 27.280% 21.832% w/o Library 24.882% 21.832% 24.95% $ 3,113,017 S2,789,559 11.597% 13.97% $ 2,852,939 $ 2,789,559 2.272% Resulting City Tax: The following taxes would result from the City's levy, assuming a 10.2% decline in estimated market value (EMV) on homesteads from Pay 2011 to Pay 2012: 2011 2012 2012 2012 2012 2012 Change EMV EMV HMVE TaxCoetv Tax Rate City Tax $ % $100,000 $ 89,800 ($29,000) $ 606 27.280% $ 165 $ 27 19.5% $300,000 $269,400 ($13,000) $ 2,564 27.280% $ 899 $ 74 11.7% $500,000 $449,000 $ 0 $ 4,490 27,280% $ 1,225 $133 12.2% $700,000 $628,600 $ 0 $ 6,608 27.280% $ 1,803 $165 10,1% -- page 3 -- Overall Property Taxes on Properties in Lake Elmo: Washington County has provided some information about the totals of all property taxes levied by all taxing jurisdictions on the median - value homesteads within each of its cities. This information is included in two attachments with this memorandum. The overall tax on the median -value Lake Elmo homestead (not accounting for school district) is approximately 2.0 percent less than in 2011, compared to a county -wide median increase of 1.3%. The following taxes would result from the proposed tax levies in Lake Ehno by school district: 2011- 2011- 2011 2011 2012 2012 2012 2012 Value Tax Value Tax $Chanae %Chanae NStPaul/Oakdale $349,000 $ 3,438 $317,500 $ 3,299 ($139) -4.0% Mahtomedi $349,000 $ 3,785 $317,500 $ 3,637 ($148) -3.9% Stillwater $349,000 $ 3,207 $317,500 $ 3,204 ($ 3) -0.1% RECOMMENDATION/MOTIONS: "Motion to approve the Resolution to adopt the 2012 final property tax levy [as amended]." 2. "Motion to approve the Resolution to adopt the 2012 General Fund budget [as amended]." Alternatively, the City Council may continue this item for consideration at another Council meeting, but must take action in order to complete the certification process with Washington County by December 28, 2011, ATTACHMENTS: • 2012 Budget • Resolution No. 2011 - Adopting the 2012 Final Tax Levy • Resolution No. 2011 - Adopting the 2012 General Fund Budget • Washington County information regarding Taxes Proposed in 2012 for all cities in Washington County (two pages) • Washington County information total tax on median -valued residential homesteads in municipalities with population greater than 5,000 SUGGESTED ORDER OF BUSINESS: Introduction & Report Interim City Administrator Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate ..... .......... ........... , ................. „• Mayor Facilitates Discussion Mayor & Council Members Motion(s) ...... .......................... ................ . ...... ............. ...... ,...... Mayor Facilitates --page4-- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2011- A RESOLUTION ADOPTING 2012 FINAL PROPERTY TAX LEVY BE IT RESOLVED by the City Council of the City of Lake Elmo, County of Washington, Minnesota, that the following sums of money be levied for the current year, collectible in 2012, upon the taxable property in the City of Lake Elmo for the following purposes: General Fund Levy $ 2,442,903 2004 G.0 Capital Improvement Plan Bonds $ 160,000 2006A G.O Equipment Certificates of Indebtedness $ 56,532 2009B G.O. Improvement Bonds $ 54,639 2010A G.O. Improvement Bonds $ 62,865 2011A. G.O. Improvement Bonds $ 76,000 Library Levy $ 260,078 Total levy $3 113,017 ADOPTED, by the Lake Elmo City Council on the 6th day of December, 2011. Dean A. Johnston, Mayor ATTEST: Craig W. Dawson, Interim City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2011 A RESOLUTION ADOPTING THE 2012 GENERAL FUND BUDGET WHEREAS, the City of Lake Elmo is required to adopt a formal budget for the general fund expenditures; WHEREAS, the City of Lake Elmo held a Budget & Tax meeting on December 6, 2011; WHEREAS, the Lake City Council closed the public meeting on the 2012 general fund budget on December 6, 2011 without need for continuation; BE IT RESOLVED the Lake Elmo City Council adopts the 2012 general fund budget in the amount of 2,900,986. ADOPTED, by the Lake Elmo City Council on the 6th day of December, 2011. Dean A. Johnston, Mayor ATTEST: Craig W. Dawson, Interim City Administrator Taxes Proposed in 2012 95,774 Proposed Truth in Taxation" Notices were mailed. The total amount billed of $366.7 million is an increase of 3.0`)/o over 2011. The 2011 amount of $356.1 million was a 0.9% increase over the $353.0 million billed in 2010. What are taxpayers seeing on their proposed tax notices? All Parcels - Median Value change: Median Total Tax change: 2.7% reduction 1.6% increase • Residential Homestead Parcels Median Value change: 2.9% reduction - Median Total Tax change: 1.3% increase - Median County Tax change: 3.2% increase • Commercial/Industrial/Utility Parcels Median Value change: 0.0% no change - Median Total Tax change: 6.8% increase • Apartment Parcels - Median Value change: 0.0% no change Median Total Tax change: 6.7% increase 0 0 Baytown Twp Denmark Twp May Twp Grey Cloud Twp Stillwater Twp West Lklnd Twp Afton Bayport Birchwood Scandia Dellwood Forest Lake Hugo Lake Elmo Lakeland Shores Mahtomedi Marine on St Croix Newport St Paul Park Stillwater City Willernie Oak Park Heights St Marys Point Lakeland Lake St Croix Bch Pine Springs Cottage Grove Woodbury Oakdale Grant Hastings White Bear Lake Hastings (200) N St Paul (622) White Bear (624) Forest Lake (831) Mahtomedi (832) S Wash Co (833) Stillwater (834) Chisago (2144) • i 0 cis O 0 0 0 0 Aq xel Ie441 u! a6uey° 0 CA 0 o� 0 to 72, 03 -3 K 1-11 0 a O -1. • 13) cp CD E C FnAM M 'L7 II CD 1 _1a col o � v 0 m m's co CD 0 x Municipality School (2) Woodbury -622 N SI Pauitiakdale 833 S Washington Co 834 Stillwater Cottage Grove 200 Hastings 833 $ Washington Co I Oakdale 622 N St Paul/Oakdale Stillwater City 834 Stillwater I Forest Lake 831 Forest Lake Matitomedi 832 Matdomedi Hugo 624 White Bear Lk 831 Forest Lake 832 Mahtomedi 834 Stillwater Lake Elmo 622 N St Paul/Oakdale 832 Mahtomedi 834 Stillwater St Paul Park _ 833 S Washington Co Washington County Taxable Market Value and Total Tax on Median -Valued Residential Homesteads in Municipalities with population greater than 5,000 Taxes Payable in 2011 vs. Taxes Proposed in 2012 Pay 2011 Tax on Median Median DAV TMV (3) (4) 243,3156 $2,62.81 243,300 $2,974.90 243,300 $2,491.81 '189,800 $2,108.96 189,800 $2,247.24 196,500 $2,048.82 221,900 $2,495.46 204.400 $1.900.34 264.000 63,030.73 193,800 $2,034.74 193,800 61,687.02 193,800 $2,154.61 103,900 91,933.45 349,000 $3,438.03 349,000 63,785.45 349,000 $3,207.08 151.6130 $1,79529 Proposed 2012 . Pct Cho Pct Clig Pct Chg Dollar Cho 1 Actual MV Homestead TMV alter Tax on . MV Before In In In Median Before Value Homestead Median - Exclusion TMV Tax Tax : Tat Exclusion Exclusion Exclusion TMV . 2011-2012 2011-2012 2011-2012 2011-2012 she (5a) '(51t) (5c) (6) (Ta) (lb) (8) 9 (10) 239,400 15,700 223,700 82,893.81 -1 6% -8.1% 1_5% 641.00 0.4%' 239,400 15,700 223,700 $3,034,73 -1.650 -8.1% 2.0% $59.83 1.650 239,400 15,700 223,700 82,527.21 1 -1.6% -8.150 5.450 $135.40 4.0% -1.7%1 -12.4% -5.44i. ($113.37) -5.9% 186,600 20,400 166,200 81,995.59 186.600 20,400 166200 62,31278 -1.7%1 -12.450 2.9% $65.54 2.9% 1862200 20,500 165,700 $2,03t07 -5.2501 -15.7% -0.9%I (_617,75)1 0.3% 2122400 18,100 194,300 62,527.52 -4.350 -12.4% 1.3501 832.06 I 4.350 201,000 19,200 181,800 $1,774.47 -1.7% -11.1% -6_6501 (8125.871) -7.3% 252,500 14,500 238,000 $3,037.85 -4A50 -9.850 0.2501 87.12 II -0.2% 191,900 20,000 171,900 82,193.95 -1.0% -11.350 7_850 8159.21 6.3% 191,900 20,000 /71,900 $1,537.99 -1.0% -11.3% -7.7% (6129.031 -9.2°4 191,900 -20,000 171,900 62,234.34 -1.0% -11.3% 3.7% 879.73 3.7% 191.900 20,000 171,900 $1,991.63 . -1.0% -11.3% 8.6% $158.18 7.0% 317,500 8,700 308,800 83,299.22 . -9.0% -11.5% -4.050 ($138.81) -5.7% 317,500 8,700 308,800 $3,636.66 1 -9_050 -11.5% -3.9% ($140 79) -5 5% 317,500 8,700 308,800 $3,203.65 ' -9.050 -11.5% -0.1% ($3.43) -1.3% 149,4430 23,800 125,600 61.865.76 : -1.5%1 -172%1 3_9501 670.47 4.850 Notes: - The presence of watershed districts also affects the taxes. This tebte uses the tax rate for the district with tie most residential value, - Column 10 shows the actal median change in total tax from 2011 to 2012 of all residential homestead parcels in the municipality/school district - Voters in the following school districts approved levy questions at the general election November 8, 2011: 200 Hastings, 622 N St Paut/Oakdale, 624 White Bear Lake, 831 Forest Lake, 832 Mal -dome& Information provided by the districts indicates the following impact of those referenda on 2012 taxes: 200 $142.56 per 100,000 of value. 622 No Impact on 2012. Extends currant levy, set to expire in 2012-13, for 10 more yews, 624 No impact on 2012. Extends current levy, set to expire after pay 2012, for 6 years beginning with taxes payable in 2013. 831 $138.54 per 100,000 of value. 832 523 per 100,000 of value. Levy questions in 834 Stillwater were not approved by the voters. Columns 11-14 show the estimated impact of those levy questions on final 2012 taxes, based on school district estimates. Column 11 shows the estimated additional school tax for 2012. Column 12 shows the new estimated total tax, Column 13 shows the percentage change in fax from 2011 to2012 Column 14 shows the percentage change in tax from the proposed 2012 tex amount to the estimated final 2012 fax amount. Additional fax Information Is also located on our websIte: httit/fwww c-o.washinatan mn uslinfo for residents/piston:mem tax and assessmentf7012 tnt/ htto://www.co washinoton.mn.usfinfo for residentsibrIstoroPerty tax and assessment/dccurnents for property fax administrators/ Questions: Joanne Helm Taxation Division Manager Washington County Department of Property Records and Taxpayer Services 14949 02nd Street North PO Box 6 Stillwater, MN 55082-0006 Phone 651.430.6195 Email Joanna.Halm@co.washington.mnos 1118 AII- Pit FbtCtrg d6riirloi TaW CIf odikiiid2o12 $2,;152r4..0:1 0.01$ • vi 4206202 412261.81 /2:512.7a 6.0%i :162031.07 .---.-., „ 0.0%i .:1242752 id% i 1493 15.5% 1.995 82:193.95 id% 88414 227848 . 86 6.674 63,29,9.22 ' ' . 0.0% : 73.061 :63,7041.69 :43,1.03.65 CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: December 6, 2011 REGULAR ITEM #: Q. Motion AGENDA ITEM: Targeted Pay Adjustments for 2012 SUBMITTED BY: Craig W. Dawson, Interim City Administrator REVIEWED BY: Joe Rigdon, Interim Finance Director SUMMARY AND ACTION REOUESTED: The Council allocated $16,525 for targeted pay adjustments in the 2012 Proposed General Fund Budget, in order to enhance retention and recruitment of City staff. Provided that the Council has adopted the Budget and 2012 Tax Levy earlier in the Council meeting, the proposed pay adjustments that follow would implement the Council's allocation for these pay adjustments. It is requested that the Council authorize the pay adjustments for 2012 as recommended by staff later in this memorandum. BACKGROUND INFORMATION: In the 2012 Proposed General Fund budget, the Council allocated $16,525 to be used for targeted pay adjustments for certain positions in order to enhance retention and recruitment of City staff. As I understood the intent of the action, supervisors were to identify what they believed were appropriate increases, with the city administrator to bring forward recommended adjustments in light of the whole City organization. In particular, there was concern with staff in public works maintenance positions that arguably should have been moving through the five-year "steps" in their pay range while the top of the pay range was frozen; they were also frozen in their steps at times during the past few years. Additionally, wages for other positions have become less competitive compared to comparably - sized suburbs in the metropolitan area, and these relationships should be addressed. The Council also decided not to increase the City's cost toward employee health insurance premiums in 2012. The City received quotes for alternate health insurance plans this fall. The one preferred by staff and recommended to the Council, which would have similar but lower benefit levels to the 2011 plan, would increase the City's cost by S3,114 in 2012. In order to continue with the goal of enhancing retention and recruitment, given the City's generally below - average wage levels, the Council approved the recommended health insurance plan and reduced the amount available for targeted pay adjustments to S 13,411. STAFF REPORT: The calculations for adjustments to public works maintenance positions are shown among the tables on the attached spreadsheet. To fund all of the positions where they should be in the step system, approximately $25,000 would be needed. The public works -- page 1 — superintendent has proposed adjustments at this time that would differentiate wages based on employees' tenure with the City, but would be affordable with the funds that the Council has allocated. These adjustments would add $7,393 to total hourly wages, a 3.875% increase in total hourly wages, and approximately 1.65% of the public works budget in the General Fund. With those adjustments, S6,018 remains for targeted adjustments. I focused on the staff with the lowest percentages of the average for their respective positions, with the idea that adjustments should be made such that they would have equal percentages of average salaries. As it turned out, all of the remaining $6,018 should go to the Fire Chief. With that adjustment, he would be at 79.4% of the average for fire chiefs in cities with populations between 5,000 and 15,000 residents. The next -lowest percentage position is the program support assistant at 79.8% of the average for comparable positions (in the survey as Office Support, Experienced) and, as her percentage is higher than the Fire Chiefs after the proposed adjustment, would not receive a pay increase. For public works maintenance positions, the following hourly rates of pay in 2012 are proposed: * Rick Gustafson Jim Sachs * Mark Duddeck Jamie Colemer * Bill Leary $24.30 $21.59 $21.27 $19.67 $11.72 For the Fire Chief, the following salary in 2012 is proposed: * Greg Malmquist $66,269 FINANCIAL/LEGAL/OTHER CONSIDERATIONS: During discussions between the Council's Budget and Finance Committee and the Finance staff, there was some indication that some funds may have been "found" that would cover the $3,114 increase in the City's employer health insurance costs, and thus make the full $16,525 available for targeted pay adjustments. Due to the press of time to bring the budget and this item to Council for action, staff is not comfortable in addressing this possibility at this time. With a little more time to clarify information, any further adjustments that might be possible can be presented to Council for action. At this time, staff is recommending that the proposed adjustments (above) be made to provide immediate increases for the affected City employees. The total funding the Council has allocated in 2012 for pay adjustments is not fully sufficient to address the wage adjustments needed for external competitiveness and internal consistency. It would appear that over $35,000 would have been needed to reach these goals in 2012. The Council should consider making similar amounts of additional funding over the next few years in order bring compensation comparability both internally and externally. -- page 2 -- ATTACHMENTS: 2011 salary comparisons for cities with 5,000 — 15,000 population participating in League of Minnesota Cities salary survey Spreadsheet of calculations for pay adjustments (in which the reader may need a bit of luck in picking up the logic to navigate it) SUGGESTED ORDER OF BUSINESS: Introduction & Report__ ....... ............... ,............... Interim City Administrator Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Discussion Mayor & Council Members Motion(s) ....... ........ ........... ................... ......... .............. Mayor Facilitates -- page 3 -- 2011 Salary Comparisons based on cities participating in the League of Minnesota Cities Salary Survey Metro area, populations 5,000 to 15,000 Building Inspector Lake Elmo City Clerk Lake Elmo Actual "Aged" Lake Elmo Average Range Average °A) of Actual Avg__ $49,500 - 61,000 $60,700 $54,300 - 68,900 $55,300 (currently Acting Bldg 91,1% Official) $58,500 - 72,500 $57,100 - 72,400 Office Support, Experienced $37,100 - 46,200 Lake Elmo $31,200 - 40,600 Finance Director Lake Elmo Fire Chief (full-time) Lake Elmo Community Dev, Dir Lake Elmo Planner (general) Lake Elmo PubWks Superintendent Lake Elmo PubWks Maintenance Lake Elmo $68,500 - 89,700 $57,100 - 72,400 $83,000 - 104,800 $60,500 - $85,200 $53,400 - $67,600 $70,900 $70,400 $44,500 35,500 $85,100 $69,300 99.3% 79.8% 81.4% $100,700 (for all metro cities) 59.8% $ 83,400 (7 cities, 5k 15k pop) 72.1% $ 60,200 (see above %s) $73,700 - 93,200 $88,600 $71,400 - 90,500 $79,500 $45,100 - 57,100 $51,700 49,300 - 62,400 $53,200 (@1..0 FTE) $62,200 - 76,100 $72,700 $58,700 - 74,400 $70,400 $40,600 - 51,200 $37,900 - 48,900 89.7% 102,9 96.8% $50,100 (for "single classification") $43,500 86.8%* *average when combining all four positions on Lake Elmo staff; not for each position City of Lake Elmo Targeted Pay Adjustments for 2012 December 2011 $16,525 available in Proposed 2012 Budget $3,114 used for increase in Employer contribution to 2012 Health Insurance $13,411 net available for Targeted Pay Adjustments for 2012 Public Works 5-year Step Program R. Gustafson J. Sachs M. Duddeck J. Colemer B. Leary Yr 5 Yr 4 Yr 3 Yr 2 Yr 1 Entry Current Annual 100% $ 23.94 $ 49,795 97% $ 23.22 $ 48,301 92% $ 22.02 $ 45,812 87% $ 20.83 $ 43,322 83% $ 19.87 $ 41,330 78% $ 18.67 $ 38,840 Current Annual 20+ yrs $ 23.94 $ 49,795 -7 yrs $ 20.86 $ 43,389 -5.5 yrs $ 19.70 $ 40,976 3 yrs $ 19.10 $ 39,728 25+ yrs 0.72 PT $ 11.27 $ 16,905 $ 190,793 No. St. Paul & Oakdale Current Averaee $ 25.25 $ 52,520 $ 24.49 $ 50,944 $ 23.23 $ 48,318 $ 21.97 $ 45,692 $ 20.96 $ 43,592 $ 19.70 $ 40,966 Proposed Adjustments Hourly Annual $ 24.30 $ 50,544 $ 21.59 $ 44,907 $ 21.27 $ 44,242 $ 19.67 $ 40,914 $ 11.72 $ 17,580 Lake Elmo as % of 2-City Averaee 95% 95% 95% 95% 95% 95% Proposed Change in Wage Hourly Annual $ 0.36 $ 749 $ 0.73 $ 1,518 $ 1.57 $ 3,266 $ 0.57 $ 1,186 $ 0.45 $ 675 Total $ 7,393 3.875% Positions currently less than 806/0 of "Actual ' aged' average" of wages in cites w/nou 51C-15K in Le -ague of Minnesota Cities 2011 salary survey Program Support Assistant Fire Chief Current Pay: Hourly: Annual: Hourly: Annual: Lake Elmo Salary Ranee $ 15.01 - $ 19.53 $ 31,221 - $ 40,622 $17.07 $35,506 Hourly: $ 25.67 - $ 32.53 Annual: $ 53,402 - $ 67,652 Cum-ent Pay: Hourly: Annual; Total of Prouosed Adiustments Public Works Positions Progrdm Support Assistant Fire Chief Total Cost Total Available $28.97 $60,250 $ 7,393 $ 6,018 $ 13,411 $ 13,411 Cities in LMC Survey Salary Range $ 17.85 - $ 22.23 $ 37,132 - $ 46,247 $21.40 Average (15 cities) $44,516 Average (15 cities) $ 29.09 - $ 40.97 $ 60,515 $ 85,213 $40.13 Average (7 cities) $83,462 Average (7 cities) Lake Elmo as % of Averagg, 79.8% 72.2% 80% of Average $17.12 $35,610 $32.10 $66,770 15-City Average of Cities Pon 5K-15K $ 24.63 $ 51.236 $ 19.55 $ 40,655 Adjustments Needed w/full 5-yr Step Plan Hourly Annual $ 24.30 $ 50,544 $ 24.30 $ 50,544 $ 24.30 $ 50,544 $ 22.35 $ 46,488 Adjustment Needed to = 80% of Ave. $0.05 $104 $3.13 $6,520 Total $6,624 Lake Elmo as % of 15-City Averaee 97% 96% $ for Full Change Hourly Annual 5 0.36 $ 749 $ 3.44 $ 7,155 $ 4.60 $ 9,568 $ 3.25 5 6,760 $ 675 Total $ 24,907 Proposed Adjustments Hourly Annual none none none none $2.89 $31.86 $6,018 $66,269 Total $6,018 % of Avg 79,8% 79.4% AYOR ccwimup,npATIQN. AGENDA ITEM: SUBMITTED BY: REVIEWED BY: DATE: December 6, 2011 REGULAR ITEM #: 13 . Motions; Ordinance & Resolution New Schedule for Firefighter Pay Craig W. Dawson, Interim City Administrator Greg Malmquist, Fire Chief Joe Rigdon, Interim Finance Director SUMMARY AND ACTION REOUESTED: The 2012 Proposed General Fund budget included funds necessary to accomplish changes in the method of compensation for paid on -call firefighters. Somewhat simplistically, the changes would be from per call basis to a per hour basis for calls and drills, with differential hourly pay for additional certifications or officer status. Provided that the Council has adopted the Budget and 2012 Tax Levy earlier in the Council meeting, the proposed pay schedule would implement the Council's 2012 budget for paid on -call firefighter pay. It is requested that the Council adopt the proposed ordinance and resolution authorizing the paid on -call firefighter pay schedule 2012 as recommended by staff and tentatively approved by the Council in September 2011. Appropriate motions would be as follows: otion to Approve Ordinance N. 08 — a= Amending Section 216.03 of the City Code related Firefighter Compensation." 2. "Motion to Approve Resolution No. 2011 — xxx Authorizing the Pay Schedule For Paid On -Call Firefighters in Accordance with Section 216.03 of City Code" BACKGROUND INFORMATION: The Council discussed this matter in its review of the proposed budget for Fire for 2012. The schedule is consistent with Council direction at that time, and is incorporated in the 2012 proposed budget and tax levy scheduled earlier in the City Council meeting. FINANCIAL/LEGAL/OTHER CONSIDERATIONS: City Code Section 216.03 needs to be amended. It contains specific amounts for hourly compensation that were superseded when changes were made to the current per call basis. The proposed ordinance would remove the specifics of compensation, and provide that the Council shall approve paid on -call firefighter pay that may be changed by resolution (and thus avoid the need for an ordinance and subsequent publication and codification expenses). The proposed resolution would effect the new pay plan, and reference the pay schedule as an attachment. -- page 1 -- I ATTACHMENTS: Proposed ordinance amending Section 216.03 of City Code Proposed with resolution with pay schedule as an attachment SUGGESTED ORDER OF BUSINESS: Introduction & Report ..... Interim City Administrator & Fire Chief Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Discussion Mayor & Council Members Motion(s) ....... ...... ................ ...................... . ...... . ..... ..... Mayor Facilitates -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA ORDINANCE NO. 08 - AN ORDINANCE AMENDING SECTION 216.03 OF THE CITY CODE RELATING TO THE FIRE DEPARTMENT SECTION 1. The City Council of the City of Lake Elmo hereby amends Section 216.13 of the Lake Elmo City Code to read as follows: Section 216.03 — Compensation: A City employee who is a Paid on -call voluntary firefighter position s shall be compensated at an annual stipend rate of $2,500 per year7.,Thi compenation will be provided that the employee is a Paid on -call -te-a voluntecr firefighterin good standing, with the Fire Department. Paid on -call firefighter positions shall be compensated at a rate of $10.25 per hour for calls for aervioe in accordance with rates set bv a Resolution of the City Council. The compensation for voluntary Paid on -call positions will change as proposed by the City Administrator and approved by the City Council. In additional, an annual and equal contribution to the City's fireman's firefiahters retirement/relief association will be provided for each firefighter position regardless of the position or employment classification. The rate of contribution will vary as required by Minnesota Statute. SECTION 2. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date This Ordinance No. 08 - was adopted on this 6th day of December, 2011, by a vote of Ayes and Nays. Dean A. Johnston, Mayor ATTEST: Craig W. Dawson, Interim City Administrator This Ordinance No. 08 - was published on the th day of December, 2011. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA ORDINANCE NO. 08 - AN ORDINANCE AMENDING SECTION 216.03 OF THE CITY CODE RELATING TO THE FIRE DEPARTMENT SECTION 1. The City Council of the City of Lake Elmo hereby amends Section 216.13 of the Lake Elmo City Code to read as follows: Section 216.03 — Compensation: A City employee who is a Paid on -call firefighter shall be compensated at an annual stipend rate of $2,500-per year, provided that the employee is a Paid on -call -firefighter in good standing with the Fire Department. Paid on -call firefighter positions shall be compensated in accordance with rates set by a Resolution of the City Council. The compensation for Paid on -call positions will change as proposed by the City Administrator and approved by the City Council. In addition, an annual and equal contribution to the City's firefighters retirement/relief association will be provided for each firefighter position regardless of the position or employment classification. The rate of contribution will vary as required by Minnesota Statute. SECTION 2. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date This Ordinance No. 08 - was adopted on this 6th day of December, 2011, by a vote of Ayes and Nays. Dean A. Johnston, Mayor ATTEST: Craig W. Dawson, Interim City Administrator This Ordinance No. 08 - was published on the th day of December, 2011. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2011 - RESOLUTION ADOPTING RATES OF PAY FOR PAID ON -CALL FIREFIGHTERS WHEREAS, the City Council has adopted Ordinance No. 08 - which, among other things, provides that the City Council may set rates of pay for Paid on -call Firefighters by a Resolution, and WHEREAS, the City Council has reviewed the changes in compensation as proposed by the City Administrator, which are consistent with the City's approved 2012 budget, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota, that the Rates of Pay for Paid on -call Firefighters be approved as set forth in the schedule attached to this Resolution. APPROVED by the Lake Elmo City Council this 6th day of December, 2011. Dean A. Johnston, Mayor ATTEST: Craig W. Dawson, Interim City Administrator RATES OF P CALL PAY = $11.611hr o Certified EMT's shall receive an additional $1.00 per hour. o Certified ENGINEERS shall receive an additional $1.00 per hour. e Officers shall receive an additional $1.00 per hour. TRAINING and MEETING PAY = $10.61/hr. o Probationary Incentive Pay = S500 • OFFICERS PAY = o DISTRICT CHIEFS (2) - $2070.00/year o CAPTAINS (4) - $1380.00/year o SAFETY OFFICER (1) - 5690.00 YEAR END INCENTIVE PAY BASED ON YEAREND PERCENTAGE TOTALS 26% - Less than 31% = $400.00 51% - Less than 61% = $575.00 31% - Less than 41% = $450.00 61% - Less than 71% = $650.00 41% - Less than 51% = $525.00 71% & ABOVE = S750.00 PAY RATES EFFECTIVE JANUARY 1, 2012 11/29/11 t erre LAKE ELMO AYOR& COUNCIL commovicripN DATE: 12/6/11 REGULAR ITEM it: J14 RESOLUTION (2) AGENDA ITEM: Conditional Use Permit Amendment and Variances — Christ Lutheran Church Expansion SUBMITTED BY: Kyle Klatt, Planning Director THROUGH: Craig Dawson, Interim City Administrator REVIEWED BY: Planning Commission SUMMARY AND ACTION REOUESTED: The City Council is being asked to consider a request from Christ Lutheran Church, 11194 36th Street North, for a Conditional Use Permit amendment and variances related to an expansion of its present facility. The specific action requested from the City is as follows: Conditional Use Permit Amendment to allow the expansion of a church within a PF — Public Facility Zoning District. Variances from the required 50-foot side yard setback to allow an addition to the building that is set back 8 feet from the Laverne Avenue right-of-way and 38 feet from the western property line. A Variance to allow the expansion of the existing facility, including new classroom and general meeting space, without an increase in the number of off-street parking stalls available to the Church. • A Variance to allow an additional 2,320 square feet of impervious coverage to be added to the site, which presently exceeds the maximum impervious coverage limit of 39.5%. The recommended motion to act on this request is as follows: "Move to adopt a resolution approving a Conditional Use Permit Amendment and a resolution approving Variances for Christ Lutheran Church at 11194 36'11 Street North to expand its current facility and make other improvements to the property" -- page 1 -- City Council Meeting Christ Luth, Church CUP Amendment -Variances 12/6/11 Regular Agenda Item # J14 BACKGROUND INFORMATION: The attached Planning Commission report includes a detailed review of the application along with the original Staff recommendation to the Commission. PLANNING COMMISSION REPORT: The Planning Commission reviewed the Conditional Use Permit Amendment and Variance requests at its November 14, 2011 meeting and conducted a public hearing at this time. In addition to the applicant, three of the neighboring property owners spoke at the hearing. Kevin Busch, representing Christ Lutheran Church, made the following points concerning the proposed work: The proposed plans will allow the church to improve two of their four existing entrances, and to specifically improve accessibility into the building at these points, The plans address internal circulation needs as well, and a new stairway will help address existing issues. The Church is proposing to cover the existing courtyard and make it into an atrium, which also will help with internal circulation deficiencies. The second story addition will include classrooms that will serve multiple purposes, including choir practice, Sunday school, meeting space, and other activities. The Church is working with a septic designer to look into issues associated with the current septic system, and is also working with a civil engineer to put together a drainage plan. Three neighboring property owners also spoke, and made comments as follows: • 36th Street has historically been used and the main entrance into the church and is a wider street. • There is a lot of traffic on Laverne Avenue, including trucks from the Fire Station. • A neighbor expressed concern that the proposed additional would encroach too closely to Laverne Avenue. The church's current drainfield is located very near to the proposed expansion area. • Additional space for the storage for snow would be needed if the Laverne Avenue improvements were completed. • There was support expressed for the reconstruction of the church atrium. • The chaiiinan of the Church's facilities task force addressed the Commission and noted that the church would be building around the drainfield and that the church will be able to continue using the old bank parking lot event after that building is sold. The Commission questioned why the stairway could not be accommodated somewhere else in the building. Kevin Busch explained that putting the stairway in the atrium area does not work well with the current circulation on the upper level. The Commission generally expressed concern about the septic system for the property and the timing for the improvements. It was also noted that the proposed improvements would not -- page 2 — City Council Meeting 12/6/11 Christ Lutheran Church JP Amendment -Variances Regular Agenda Item # J14 necessarily result in an increase in church membership or additional usage of the church building when compared to a typical commercial expansion. The Planning Commission generally agreed with the draft findings of support for the Comprehensive Plan Amendment and the Variances, and decided to recommend approval of the requests. This recommendation; however, did not include any of the work proposed within the Laverne Avenue right-of-way, which the Commission indicated could come back for approval at a later date (and with more of the details provided for this work). Staff has revised the conditions of approval that were initially drafted to account for the Planning Commission's recommendation to approve only the work outside of the Laverne Avenue right-of-way with the present request. All of the revised conditions of approval as recommended by the Planning Commission are noted in the Resolutions of approval that have been submitted for consideration by the City Council. PLANNING COMMISSION RECOMMENDATION: Based upon the above background information, staff report and Planning Commission recommendation, it is recommended that the City Council approve the Conditional Use Permit Amendment and Variances that have been requested by the Christ Lutheran Church for its property at 11194 36th Street North by undertaking the following action: "Move adopt Resolution Number 2011-xxx approving a Conditional Use Permit Amendment and 2011-x.vc approving Variances for Christ Lutheran Church at 11194 36i4 Street North to expand its current facility and make other improvements to the property" Alternatively, the City Council may table taking action on the application and direct either staff or the applicant to provide additional information concerning the request. This is the initial course of action that was recommended by Staff to the Planning Commission, but ultimately not taken by the Commission. The Council may also consider denying the Conditional Use Permit amendment and/or variances and should develop findings of fact to support a motion for denial based on the evidence presented during the course of the City review. ATTACHMENTS: 1. Resolution No. 2011-xxx approving a CUP amendment 2. Resolution No. 2011-xxx approving variances 3. Staff Report 4. Application Form 5. Application Narrative 6. Location Map/Aerial Photograph 7. Review Letter from Focus Engineering 8, Review Letter from Valley Branch Watershed District -- page 3 -- City Council Meeting 12/6/11 Christ Luth:11 Church CUP Amendment -Variances Regular Agenda Item # J14 9. Site Plans a. Architectural Drawings b. Civil Engineering Drawings (Not submitted to Planning Commission c. Landscape Plan (Revised) 10. Site Survey (Not included with Council Packet) 11. Applicant response to City review comments SUGGESTED ORDER OF BUSINESS: Introduction of Item ............... City Administrator Report/Presentation Planning Director Questions from Council to Staff .................. ...... ...„. ............. Mayor Facilitates Public Input, if Appropriate ..... ...,............ ..... ..... ....... ........ . Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates page 4 — City of Lake Elmo Planning Department Conditional Use Permit Amendment and Variance Request To: Planning Commission • Frorn: Kyle Klatt, Planning Director Meeting Date: 11/14/11 Applicant: Christ Lutheran Church Owner; Christ Lutheran Church Location: 11194 36th Street North Zoning: PF — Public and Quasi -Public Open Space/Public Facilities Introductory Information Application The City of Lake Elmo has received an application from Christ Lutheran Church, Summary: 11194 36th Street North, to expand its current facility and make other improvements intended to increase accessibility, improve entrances into the building, provide better interior circulation, and to provide additional space for learning and hospitality. In order to move forward with its plans, the Church has requested the following specific action from the City: • A Conditional Use Permit amendment to allow for the expansion of an existing structure that pre -dates the City's zoning regulations, Because a Church is permitted by Conditional Use Permit in the PF — Public Facility Zoning District, an expansion or major modification to the building requires a new permit (or amendment) from the City. • A variance from the side yard setback requirements within a PF —Public Facility zoning district. The site plan submitted by the applicant indicates that the proposed additions to the building will be set back 8 feet from the Laverne Avenue right-of-way and 38 feet from the western property line, both of which are side yard setbacks. The PF zoning district requires a minimum side yard and corner side yard setback of 50 feet. • A variance from the parking requirements for a PF — Public Facility Zoning District to allow the expansion of a building without an increase in available off-street parking. The expansion into the existing side yard setbacks would allow the Church to create upgraded entrances into the facility in the form of two new vestibules and covered roof canopies over both of these entrances. Please note that the application narrative provided by the applicant does not seem to accurately portray the setbacks shown on the site plan for the eastern entrance. In addition, the applicant has provided setbacks (and has shown the building setback lines on the site plans) from property lines and Amenciment/Vari Reijurw Planning Commission Repori; .1./14/ Property Information: not from the official right-of-way lines. Staffhas taken scaled measurements from the site plans and used the right-of-way lines to determine the official setback variance being sought as noted above. The proposed plans also call for a major reconfiguration of Laverne Avenue as part of the eastern entrance improvements. The applicant is proposing to reconstruct the boulevard along Lavern Avenue to create a drop-off area for visitors to the Church and to install a new sidewalk within the street right-of-way along the length of its property. These improvements would tie in with the overall plans to improve access into the Church facility. Although the request to improve the right-of-way is technically a separate action for consideration by the City, Staff is recommending that these improvements be considered as part of the overall site plan review by the Planning Commission and included in the Planning Commission's recommendation to the City Council. The attached site plans highlight the proposed changes to the building that are being sought, and also show the reconfiguration proposed for Laverne Avenue. The applicant has also provided a detailed narrative explaining the project and the need for the improvements. The Christ Lutheran Church building was initially constructed in the 1950's, and the facility has been expanded and improved at various times over the past several years. The most recent major renovation/expansion occurred in 1996, since that time there is no record of any other significant improvements in the City records. The facility includes several different components, including the sanctuary, offices, atrium, classrooms, conference room, kitchen, and other ancillary functions, Because the facility has been expanded various times in a piecemeal fashion, and given the age of many of the improvements, the Church would like to improve overall access throughout the facility and create additional space for church functions. The applicant's site is located within the heart of the Village Planning Area, and is one of a series of PF — Public Facility uses that is scattered amongst the residential and commercial uses within the Village. The Church also owns the former Lake Elmo Bank building at 3549 Lake Elmo Avenue North, and uses the parking lot accessory to this building to help provide for the parking demand around the Church on Sundays and during other peak usage times. The attached site survey includes all of the property owned by the Church in this area, which is spread between four separate parcels ofland. In addition to the parking provided on the old bank property, the church has a small amount of parking along the west side of the facility (mostly handicapped stalls) and a larger parking lot immediately north of the building. This parking lot has direct access to Laverne Avenue and indirect access to 36th Street along a driveway that runs the length of the church property. In total, there are 33 parking stalls located on the main church site, with an additional 37+ stalls on the old bank site. Just using the parking calculations for the main sanctuary, which has a maximum seating capacity of 266, the church would need to provide 67 parking stalls for the building (4 per seat in the main :LOW' Listi9n7,: .,-rno170,-Varteinc;.- ag46 CUP AmemimemNurtance Request: Chi::Si .T.tatiC11111 Church Planning Commission Report: .1 1.11411 I assembly hall). The Zoning Ordinance notes that other uses within the facility should be factored into the final evaluation of parking for the site. Since the church is already short on parking for the main assembly hall by itself, any expansion of classroom/meeting space will require a variance from the City's parking standards. Within the Village area, it is not uncommon for buildings to be located at reduced setbacks from the street and to not provide the required amount of off-street parking otherwise required by the Zoning Ordinance. The City recently revised its requirements for the GB — General Business District in the Village area to allow for reduced setbacks and the waiver of parking requirements. The applicant's proposal is therefore not out of character compared to the commercial uses that are located in close proximity. The Church is located in an area that has experienced storm water flooding issues in the past, and although the proposed project will not require a Valley Branch Watershed District, the applicant's plans should incorporate storm water mitigation measures to manage the additional runoff from proposed increases in impervious coverage for the site. Applicable Section 154.063 PF — Public and Quasi -Public Open Space Codes: (B) Uses allowed by conditional use permit (2) Places of Worship Sections A through F contain the district regulations for the PF Zoning District Section 154.018 Conditional Use Permits. (Al Grantina/Denial. Outlines the general requirements for all conditionally permitted uses in Lake Elmo. (K) Amendment, In accordance with Section 154.018 K of the Zoning Ordinance, an amended conditional use may be administered in a manner similar to that required for a new permit. Section 150.017 Variances. (A -I) Variances. Identifies procedures and requirements for the processing and review of a variance application. Please note that this section was recently updated by the City to comply with revisions to Minnesota State Statutes. Findings & General Site Overview Site Data: Lot Size: 1.14 acres (3 parcels, including street right-of-way) Existing Use: Place of Worship (includes accessory uses) Existing Zoning: PF — Public and Quasi -Public Facilities Property Identification Numbers (PID): 13.029.21.21.0020; 13.029.21.23.0060; and 13.029.21.23.0061 P re,tre? CU P Antendmenill/ariance Requesi, Church. Commissiop ,Repoir; .1.1/.I 471 Application Review: General The establishment of the Christ Lutheran Church on the applicant's property pre -dates Review the current zoning regulations, which now would require a "place of worship" to Requirements secure a Conditional Use Permit in order to be permitted on the site. In situations like this, the proper procedure is to review any expansions or alterations on the site as thought a Conditional Use Permit was previously granted. The applicant has therefore submitted their request as a Conditional Use Permit amendment to expand the facility in the manner depicted on the attached site plans. In addition the Conditional Use Permit amendment request, the applicant is also seeking approval of specific variances, due in part to the current location of the church on a small parcel of land within the City' s Village Planning area. The current configuration of the church leaves no room for an expansion that meets the City's underlying zoning requirements as most of the facility is already located within required setback areas. The City's PF zoning district applies to only a few structures within the Village, in which larger setbacks and significant parking requirements are generally out of place, The City's requirements for the two components of the applicant's request are noted below. General Staff Review A major component of the plans also includes a request to reconfigure the right-of- way along Laverne Avenue, which Staff is suggesting that the Planning Commission review as part of the overall project, Should this aspect of the planned improvements move forward, the applicant will need to enter into a separate agreement with the City concerning the proposed work. This agreement would ultimately serve as the City's authorization to proceed with the improvements that are proposed. The City Engineer has provided an initial review letter of the applicant's plans, requested additional information in order to complete the City's review, The comments focus on the following aspects of the project: 1) septic system compliance and capacity, 2) Water service connections, 3) work within the City right-of-way, and 4) additional application requirements. While some of the information that has been requested could be submitted at a later date, Staff is concerned that some of the requested information is critical to evaluate all potential impacts from the proposed project. Although many of these details could be addressed through conditions of approval, Staff is recommending at this time that the Planning Commission table this request in order to assure that all questions and issues identified by Staff have been addressed, Knowing that the applicant is on a schedule and would like to proceed sooner than later with the improvements, Staff will be drafting suggested conditions of approval as part of an alternative course of action that could be taken by the Planning Commission. While the Conditional Use Permit and Variance requests each have specific standards that must met by an applicant, the request to make improvements within the Laverne Avenue right-of-way are not subject to these same requirements. As such, the fin/ FT: ft) -1,N- Ell : /Wild I CT I A Men dn e?7[IF aria !ICC Request,' Christ Liiitteran PItnning C o ssion Repot; 1 I 17 ..P1 proposed work does represent a fairly major change to the street, and would have the following impacts on the surrounding neighborhood: There are four larger trees (two ash and two maple trees according to the applicant) along Laverne Avenue that would need to be taken down to make room for the proposed driving/drop-off lane. Although these trees could be replaced with new trees elsewhere on the site, there is very little room on the site to do so, and almost no room within the boulevard to maintain trees within the City right-of-way. • Parking is not allowed along the eastern edge of Laverne Avenue, and is instead allowed only along portion of the street. The proposed drop-off area would eliminate approximately eight parking stalls within the street if parking were not allowed within this new area. The fire chief has recommended that this lane be marked as a fire lane, which would eliminate all parking along the Church's portion of Laverne Avenue. • Should the City agree to move forward with the plans for Laverne Avenue as proposed, Staff would recommend that the parking/no parking situation along this street be revisited by the City Council. It may make sense to move the "no parking" signs to the opposite side of the entire street since there are seven homes along the east side of the street and only three along the west side of the street. The overall parking situation should be considered as part of any request to modify the boulevard in front of the Church. • The proposed boulevard work would remove nearly all of the pervious landscaping presently along Lavern Avenue in front of the Chureh, and adequate storm water plans will be needed to ensure that the additional storm water runoff will not contribute to existing drainage deficiencies in the area. • If the applicant is permitted to move forward with its project within the City's right-of-way, Staffwould like to propose that some additional green space be reclaimed within the boulevard area along Lavern Avenue that is adjacent to the northern parking lot exit. The entire boulevard adjacent to this parking area is paved, but co-uld provide some room for replacement trees and landscaping next to the street. Prior to reviewing the specific CUP and Variance criteria, Staff would like to add the following additional comments concerning the proposed site development plans: • The maximum impervious coverage requirement in the PF Zoning District for a lot under five acres is 39.5%. The applicant most likely exceeds this amount, and has been asked to document the actual percentage with the proposed improvements. Should a variance be needed, it will need to be addressed as part of the City's review. • Although screening of PF structures next to residential districts is addressed by the Zoning Ordinance, this screening is not required across a street. There is also a row of hedges along the applicant's western property line that provides screening between the Church and a residential use. Staff is not L2v1::,Y(w CUP .4thendivenx/Fatanee ReqUeV; iv Lutheran Church Planning C,:onnnission Repot: .1/14,' recommending that any additional screening be required as part of the current request. • In general, the proposed improvements should not significantly alter the impacts of the Church facility on the surrounding properties. The most significant neighborhood impact will be from the work proposed with the right-of-way and the loss of existing street trees that help maintain the residential character of the area. Any increase in impacts associated with traffic, noise, property values, and other factors will be minimal when compared to the present situation. CUPReliew The two sections of code that contain CUP requirements for this project include the PF Raithementg District regulations and Conditional Use Permit section. First, the PF District requirements contain specific criteria for "Places of Worship". These requirements, with Staff comments, are as follows: • Direct access is provided to a public street classified by the Comprehensive Plan as major collector or arterial. None of the routes immediately adjacent to the Church is a collector or arterial road; however, the old bank building is adjacent to Lake Elmo Avenue, which would meet this requirement. Since the church's location predates the Zoning Ordinance, this condition will not apply. • No use may exceed 235 gallons wastewater generation per day per net acre of land. The applicant did not provide a figure for the amount of waste water generated by the Church. The proposed improvements will not significantly increase the demand; however, since the maximum seating capacity of the church will not change with the proposed work The City Engineer has requested a system inspection report to complete the City's review. • No on -site sewer system shall be designed to handle more than 5,000 gallons per day. A review conducted by the City Engineer when the 1996 project was submitted for review indicated that the drainage system consisted of a 1,000 tank with a 600 square foot drain field area. Although this is below the threshold for a PF zoning district, the City Engineer has requested additional information and clarification concerning the location and capacity of the current system on the site, and confirmation that thefacility is able to comply with current County septic requirements. • Exterior athletic fields shall not include spectator seating, public address facilities or lighting. There are no athletic fields on this site. • No freestanding broadcast or telecast antennas are permitted. No broadcast dish or antenna shall extend more than 6 feet above or beyond the principal structure. There are no broadcast antennas on the site. The City is also required to make findings specific to the Conditional Use Permit. For these types of applications, the burden is on the City to show why the use should not S ',Lam' CUr.inrui':211{7/Wr V Rerpirensere CUP Americinictiit.Turtance Regwst; Christ L. itincrtat Chitrch Planning Cominissiwr .Report,' 1/14/i I be permitted due o impacts that cannot be controlled by reasonable conditions. These findings include the following: 1. Effects on the health, safety, morals, convenience, or general welfare of surrounding lands 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and land 3. The effect on utility and school capacities 4. The effect on property values of property in the surrounding area 5. The effect of the proposed use on the Comprehensive Plan Provided that all additional submission requirements and application details are provided to the City, Staff would offer the following proposed findings in response to the standards listed above: 1. The proposed use is to expand and make renovations to an existing facility that will increase accessibility, improve entrances into the building, provide better interior circulation, and to provide additional space for learning and hospitality. Since all of these activities are currently occurring on the premises, the proposed improvements will not significantly alter the current operation or impacts associated with the facility. The proposed improvements will reduce neighborhood impacts by creating clearly designated entrance and exit points while removing all short-term vehicle trips from the traveling lanes of Laverne Avenue. 2. The propose improvements will allow for a more efflcient use of parking areas around the site and will create a designated drop-off area away from residential uses, 3. The proposed use would have no effect on utility capacities. The City will collect a Water Availability Charge for any additional water capacity that is anticipated from the new addition. 4. The proposed amendment would have no effect on property values of surrounding lands. 5. The proposed improvements are consistent with the City's Comprehensive Plan considering that the Christ Lutheran Church property is guided for public facility uses according to the future land use map. An applicant must also establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.017 before an exception or modification to city code requirements can be granted. These criteria are listed below: . Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcernent of this chapter would cause practical difficulties because of circumstances unique to the individual property under r7 : 'r CUP Amendment/Variance Request,_ Planning Commission Rfport; 1/.14/1 rvir consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - "Practical difficulties" as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. 2. Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. . Character of locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. 4. Adjacent properties and traffic. The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Given the information that has been submitted by the applicant and pending further review by the Planning Commission, staff would offer the following suggested findings specific to the variances that have been requested by the applicant: 1, The proposed building additions and the applicant's desire to improve the entrances into an existing facility are a reasonable use of the property. There are no portions of the applicant's site that could accommodate any extension of the existing building without a variance. The structure has been modified at various times in its past, and any accessibility improvements would be difficult to accomplish within the existing footprint of the building due to the current mix of different building elevations, materials, and styles. 2. The applicant's site is unique because it is a small parcel located within the Lake Elmo Village Area and is zoned PF — Public Facility. It is the only church located within the City's central business district, and it is surrounded by commercial and residential structures with a variety of setbacks and building sizes. 3 The proposed building additions will not change the essential character of the locality because the entrance improvements represent a small portion of the overall building footprint. The City's central business district is comprised of a wide mix of commercial and residential uses, many of which are located very close or immediately adjacent to public right-of-way. 4. The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets Or substantially diminish or impair property values within the neighborhood. The proposed additions to the building will not alter or increase any of the existing traffic patterns in the surrounding Land LuuKT:3, Chi; F' ii,L.11?:te re' ."> A Merl( r- nei.*: iinfit7;1 CUP 21 mendmentThiriance Request: Christ Lumeran Church Planning Commission Report; .11/.1 I neighborhood, Conclusions: Based partially on the review comments submitted by the City Engineer, Staff is recommending that the Planning Commission table the Conditional Use Permit amendment and variance requests by the applicant in order to ensure that all of the City's review comments can be address by the Church. Should the Planning Commission decide to make a recommendation at its meeting based on the information and facts presented, Staff has prepared an alternate recommendation for consideration by the Commission. This alternate recommendation is for approval, but with a series of conditions that address the need for additional information concerning the request. The alternate recommendation and recommended conditions are listed below. Resident Staffhas not received any feedback from neighboring property owners regarding the Concerns: proposed Conditional Use Permit amendment. This action requires a public hearing to be conducted by the Planning Commission at which time members of the public may address the Commission regarding this application. Additional The Valley Branch Watershed District has reviewed the proposed site plans and found Information: that the work would not require a permit from the Watershed District. The District's comments regarding erosion control have been included as part of the conditions drafted by staff. Conclusion: The Christ Lutheran Church, 11194 361h Street North, has applied for a Conditional Use Permit amendment and variances from the side yard setback and PF — Public Facility parking standards to expand its current facility and make other improvements intended to increase accessibility, improve entrances into the building, provide better interior circulation, and to provide additional space for learning and hospitality. The request also includes proposed improvements to the Lavern Avenue right-of-way that are being submitted in conjunction with the zoning applications. These right-of- way improvements are being reviewed as part of a larger project and are included in the Staff recommendation that follows. These improvements could also be considered as a separate issue should the Planning Commission find it appropriate to review the application in such a manner. Commission The Planning Commission has the following options: Options: A) Table taking action on the request and consider the application again at its December 12, 2011 meeting. B) Recommend approval of the conditional use permit amendment request, with CUP A mouimem/Variance Request, Planning Commission Report; 1. //,I,17 is, Lutheraer Church the conditions as recommended by Staff; C) Recommend denial of the conditional use permit amendment request. The 60-day review period for this application expires on December 7, 2011, but can be extended an additional 60 days if more time is needed to complete the City's review. Staff Rec: Staff is recommending that the Planning Commission table the Conditional Use Permit amendment and variance requests by the applicant in order to give the applicant and City additional time to adequately respond to and address the review comments from the City Engineer. As an alternate recommendation, Staff has prepared findings of fact to support approval of the applicant's request, and has drafted the following conditions of approval for inclusion with a recommendation of approval by the Planning Commission: 1. The applicant shall submit a septic system inspection report prepared and signed by a licensed septic inspector verifying that the current septic system is compliant with Washington County regulations, and that: a) address the available capacity of the system and states its ability to accommodate the additional use created by the expansion project, or provide a design for its expansion, and b) includes a description o the current system type and components, dimensions, and capacity. 2. The proposed building addition rnust meet all requirements of Chapter 4 of the Washington County Development Code. The applicant shall provide a detailed narrative to describe the purpose and need for a second water service connection, including projected water uses. The proposed connections shall be subject to review and approval by the City Engineer. 4. The applicant shall pay a Water Availability Charge based on any increase in the Residential Equivalent Connection calculation for the new addition. 5. The applicant shall provide detailed plans and specifications for all work proposed with the City right-of-way in accordance with the City's Design Standards Manual. These plans shall indicate existing conditions, including roadway widths and all public and private utilities within the roadway, and incorporate information as requested by the City Engineer. 6. Any work proposed within a City right-of-way shall only be allowed upon the approval of an improvement/developer's agreement between the City of Lake Elmo and the applicant. 0.11'...Imeiminient/Variancc Request,Chris: Lutheran Church Planning C0171171iSSi011 Rep(rt; 11,11-0 7. The applicant shall provide a calculation for the existing and proposed impervious coverage on the site. 8. The applicant shall submit a storm water management and a drainage and erosion control plan for the site prior to the issuance of a building permit or before any work with may commence within a public right-of-way. 9 The applicant shall submit a lighting plan that includes the light pole details and standards (pole height and type, fixture type, and photometric plans). All new lighting shall conform to Section 150.035 through 150.038 of the City Code, 10. The applicant shall submit a landscape plan for review and approval that provides for replacement of any trees removed as part of the site work. The applicant shall work with the City to identify suitable locations for replacement street trees on the site, giving preference to any suitable locations within the Laverne Avenue boulevard. The applicant shall also consider the conversion of existing or planned paved boulevard areas to natural vegetation where possible as part of the planned street improvements. 11. The applicant shall maintain existing screening and buffering located between the Church site and adjacent residential uses. 12. The applicant shall work with the City to identify appropriate modifications to the no parking designations in the area as part of the proposed street improvements to Laverne Avenue. Denial To deny the request, you may use the following motion as a guide: Motion Template: I move to recommend denial of the request by the Christ Lutheran Church to amend a conditional use permit and further to recommend denial of the applicant's request for variances... (please site reasons for the recommendation) Approval To approve the request, you may use the following motion as a guide: Motion Template: I move to recommend approval of the request by the Christ Lutheran Church to amend a conditional use permit and further to recommend approval of the applicant's request for variances based on the findings provided in the staff report...(or cite your own) ...with the conditions outlined in the staff report. CUP Amencimenr/Foriarar R alum, Planning Commission Report.; .1.1/14/17 cc: Jim Lohmann, Christ Lutheran Church Kevin Busch, Busch Architects !...011/1 1(?f Z':7117,3! CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2011-xxx A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR THE CHRIST LUTHERAN CHURCH AT 11194 36TH STREET NORTH TO ALLOW AN EXPANSION OF THE CHURCH FACILITY WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Christ Lutheran Church, 11194 36th Street North (the "Applicant") has submitted an application to the City of Lake Elmo (the "City") for a Conditional Use Permit amendment to allow the expansion to its existing facility by enclosing an open-air atrium and adding new entrances to the east and west sides of the building; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.018; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on November 14, 2011; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated December 6, 2011; and WHEREAS, the City Council considered said matter at its December 6, 2011 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Conditional Use Permit (CUP) Amendment are found in the Lake Elmo Zoning Ordinance, Section 154.018, 2) That all the submission requirements of said 154.018 have been met by the Applicant. 3) That the proposed CUP Amendment is to allow the expansion of the existing church facility, which includes enclosing an open-air atrium, adding new entry ways to east and west sides of the building, building a new interior stairway, adding new general meeting space to the second level of the building, and making other improvements to increase accessibility, provide better interior circulation, and to provide additional space for learning and hospitality within the facility. 4) That the proposed CUP Amendment will be located on property legally described as follows and commonly known as 11194 36th Street North: (Per Deed Record No. 84, Page 607) All that part of the Northwest quarter (NW1/4) of Section Number Thirteen (13), in Township number Twenty-nine (29) North, of Range number Twenty-one West, described as follows, to -wit; Beginning at a point in the center of the Elmo Road (so-called) at a point Six hundred and seventy (670) feet Northerly of the Northwest comer of Lot Number One (1) of Block number One (1) of Elmo Park, as surveyed and platted and now of record in the Office of the Register of Deeds in and for said County; thence Easterly on a line parallel to the North line of said Section One hundred and eighty (180) feet to a point, being the point of beginning; thence Northerly on a line parallel to the center line of said road Two hundred and seventeen and eighty one -hundredths (217.80) feet; thence Easterly on a line parallel to the North line of said Section Two Hundred (200) feet; thence Southerly on a line parallel to the center line of said road Two hundred and seventeen and eighty one -hundredths (217.80) feet; thence Westerly on a line parallel to the North line of said Section two hundred (200) feet, to the point of beginning, except Twenty (20) feet on the West Side of said lot which is to be used for private alley, and Thirty three (33) feet on the East side, and Thirty (30) feet on the South side, which is to be used for Public Road. And (Per Quit Claim Deed Document No. 192551) The West Twenty (20) feet of Lot Thirty-nine (39) County Auditor's Plat No.8, Washington County, Minnesota. And (Per Warranty Deed Document No. 192552) Lots Eight (8) and Nine (9), Block Two (2), Cloverdale, According to the plat thereof, on file and of record in the Office of the Register of Deeds, Washington County, Minnesota. 5) That the proposed structure will not negatively affect the health, safety, morals, convenience, or general welfare of surrounding lands. The proposed use is to expand and make renovations to an existing facility that will increase accessibility, improve entrances into the building, provide better interior circulation, and to provide additional space for learning and hospitality. Since all of these activities are currently occurring on the premises, the proposed improvements will not significantly alter the current operation or impacts associated with the facility. The proposed improvements will reduce neighborhood impacts by creating clearly designated entrance and exit points and allow for easier access to all portions of the building. 6) The proposed improvements will not affect traffic or parking conditions. The proposed improvements will allow for a more efficient use of parking areas around the site and will create a designated drop-off area away from residential uses. 7) The proposed improvements will not have an effect on utility or school capacities. The proposed use would have no effect on utility capacities. The City will collect a Water Availability Charge for any additional water capacity that is anticipated from the new addition. 8) The proposed improvements would have no effect on property values of surrounding lands. The proposed amendment would have no effect on property values of surrounding lands. 9) The proposed improvements would be consistent with the Comprehensive Plan. The proposed improvements are consistent with the City's Comprehensive Plan considering that the Christ Lutheran Church property is guided for public facility uses according to the future land use map. CONCLUSIONS AND DECISION Based on the foregoing, the Applicants' application for a Conditional Use Permit Amendment is granted subject to the following conditions: . The applicant shall submit a septic system inspection report prepared and signed by a licensed septic inspector verifying that the current septic system is compliant with Washington County regulations, and that: a) address the available capacity of the system and states its ability to accommodate the additional use created by the expansion project, or provide a design for its expansion, and b) includes a description o the current system type and components, dimensions, and capacity. a. Should the current system be found to be a non -compliant system or in need of replacement, a revised septic system plan shall be approved by Washington County prior to the issuance of a building permit for the proposed project. 2. The proposed building addition must meet all requirements of Chapter 4 of the Washington County Development Code. The applicant shall provide a detailed narrative to describe the purpose and need for a second water service connection, including projected water uses. The proposed connections shall be subject to review and approval by the City Engineer. 4. The applicant shall pay a Water Availability Charge based on any increase in the Residential Equivalent Connection calculation for the new addition. No aspect of the proposed plans involving improvements within a City right-of-way shall be constructed without further review and explicit approval by the City Council for right- of-way and street improvements and upon further review and recommendation by the Planning Commission of these plans. This review shall include the following components: a. The applicant shall provide detailed plans and specifications for all work proposed with the City right-of-way in accordance with the City's Design Standards Manual. These plans shall indicate existing conditions, including roadway widths and all public and private utilities within the roadway, and incorporate information as requested by the City Engineer. b. Any work proposed within a City right-of-way shall only be allowed upon the approval of an improvement/developer's agreement between the City of Lake Elmo and the applicant. c. The applicant shall submit a lighting plan that includes the light pole details and standards (pole height and type, fixture type, and photometric plans). All new lighting shall conform to Section 150.035 through 150,038 of the City Code, d. The applicant shall work with the City to identify appropriate modifications to the no parking designations in the area as part of the proposed street improvements to Laverne Avenue. 6. The applicant shall provide a calculation for the existing and proposed impervious coverage on the site. 7. The applicant shall submit a storm water management and a drainage and erosion control plan for the site prior to the issuance of a building permit. 8. The applicant shall submit a landscape plan for review and approval that provides for replacement of any trees removed as part of the site work. The applicant shall work with the City to identify suitable locations for replacement street trees on the site, giving preference to any suitable locations within the Laverne Avenue boulevard. The applicant shall also consider the conversion of existing or planned paved boulevard areas to natural vegetation where possible as part of the planned improvements. 9. The applicant shall maintain existing screening and buffering located between the Church site and adjacent residential uses. Passed and duly adopted this 6th day of December 2011 by the City Council of the City of Lake Elmo, Minnesota. Dean A. Johnston, Mayor ATTEST: Craig Dawson, Interim City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2011-xxx A RESOLUTION APPROVING MULTIPLE VARIANCES TO ALLOW THE CHRIST LUTHERAN CHURCH TO EXPAND ITS FACILITY AT 11194 3671 STREET NORTH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Christ Lutheran Church, 11194 36th Street North (the "Applicant") has submitted an application to the City of Lake Elmo (the "City") for the following specific variances to allow the expansion of its current facility as follows: a) Variances from the required 50-foot side yard setback to allow an addition to the building that is set back 8 feet from the Laverne Avenue right-of-way and 38 feet from the western property line. b) A Variance to allow the expansion of the existing facility, including new classroom and general meeting space, without an increase in the number of off-street parking stalls available to the Church. c) A Variance to allow an additional 2,320 square feet of impervious coverage to be added to the site, which presently exceeds the maximum impervious coverage limit of 39.5%. A copy of said application 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 November 14, 2011; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated December 6, 2011; and WHEREAS, the City Council considered said matter at its December 6, 2011 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 variance is to allow an expansion of the Applicant's current facility at 11194 36th Street North intended to improve entrances into the building, provide better interior circulation, and to provide additional space for learning and hospitality, and will include the following specific elements: a) Variances from the required 50-foot side yard setback to allow an addition to the building that is set back 8 feet from the Laverne Avenue right-of-way and 38 feet from the western property line. b) A Variance to allow the expansion of the existing facility, including new classroom and general meeting space, without an increase in the number of off- street parking stalls available to the Church. c) A Variance to allow an additional 2,320 square feet of impervious coverage to be added to the site, which presently exceeds the maximum impervious coverage limit of 39.5%. 4) That the Variance will be located on property legally described as follows: (Per Deed Record No. 84, Page 607) All that part of the Northwest quarter (NW1/4) of Section Number Thirteen (13), in Township number Twenty-nine (29) North, of Range number Twenty-one West, described as follows, to -wit; Beginning at a point in the center of the Elmo Road (so-called) at a point Six hundred and seventy (670) feet Northerly of the Northwest corner of Lot Number One (1) of Block number One (1) of Elmo Park, as surveyed and platted and now of record in the Office of the Register of Deeds in and for said County; thence Easterly on a line parallel to the North line of said Section One hundred and eighty (180) feet to a point, being the point of beginning; thence Northerly on a line parallel to the center line of said road Two hundred and seventeen and eighty one -hundredths (217.80) feet; thence Easterly on a line parallel to the North line of said Section Two Hundred (200) feet; thence Southerly on a line parallel to the center line of said road Two hundred and seventeen and eighty one -hundredths (217.80) feet; thence Westerly on a line parallel to the North line of said Section two hundred (200) feet, to the point ofbeginning, except Twenty (20) feet on the West Side of said lot which is to be used for private alley, and Thirty three (33) feet on the East side, and Thirty (30) feet on the South side, which is to be used for Public Road. And (Per Quit Claim Deed Document No, 192551) The West Twenty (20) feet of Lot Thirty-nine (39) County Auditor's Plat No.8, Washington County, Minnesota. And (Per Warranty Deed Document No, 192552) Lots Eight (8) and Nine (9), Block Two (2), Cloverdale, According to the plat thereof, on file and of record in the Office of the Register of Deeds, Washington County, Minnesota. 5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Specific findings: That the proposed building additions and the applicant's desire to improve the entrances into an existing facility are a reasonable use of the property. There are no portions of the applicant's site that could accommodate any extension of the existing building without a variance. The structure has been modified at various times in its past, and any accessibility improvements would be difficult to accomplish within the existing footprint of the building due to the current mix of different building elevations, materials, and styles. 6) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Specific findings: That the applicant's site is unique because it is a small parcel located within the Lake Elmo Village Area and is zoned PF — Public Facility. It is the only church located within the City's central business district, and it is surrounded by commercial and residential structures with a variety of setbacks and building sizes. 7) That the proposed variance will not alter the essential character of the locality in which the property in question is located. Specific findings: That the proposed building additions will not change the essential character of the locality because the entrance improvements represent a small portion of the overall building footprint, The City's central business district is comprised of a wide mix of commercial and residential uses, many of which are located very close or immediately adjacent to the public right-of- way. 8) That the proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. CONCLUSIONS AND DECISION Based on the foregoing, the Applicants' application for multiple Variances is granted with the following conditions: The applicant shall submit a septic system inspection report prepared and signed by a licensed septic inspector verifying that the current septic system is compliant with Washington County regulations, and that: a) address the available capacity of the system and states its ability to accommodate the additional use created by the expansion project, or provide a design for its expansion, and b) includes a description o the current system type and components, dimensions, and capacity. a. Should the current system be found to be a non -compliant system or in need of replacement, a revised septic system plan shall be approved by Washington County prior to the issuance of a building permit for the proposed project. 2. The proposed building addition must meet all requirements of Chapter 4 of the Washington County Development Code. The applicant shall provide a detailed narrative to describe the purpose and need for a second water service connection, including projected water uses. The proposed connections shall be subject to review and approval by the City Engineer. 4. The applicant shall pay a Water Availability Charge based on any increase in the Residential Equivalent Connection calculation for the new addition. 5. No aspect of the proposed plans involving improvements within a City right-of-way shall be constructed without further review and explicit approval by the City Council for right- of-way and street improvements and upon further review and recommendation by the Planning Commission of these plans. This review shall include the following components: a. The applicant shall provide detailed plans and specifications for all work proposed with the City right-of-way in accordance with the City's Design Standards Manual. These plans shall indicate existing conditions, including roadway widths and all public and private utilities within the roadway, and incorporate information as requested by the City Engineer. b. Any work proposed within a City right-of-way shall only be allowed upon the approval of an improvement/developer's agreement between the City of Lake Elmo and the applicant. c. The applicant shall submit a lighting plan that includes the light pole details and standards (pole height and type, fixture type, and photometric plans). All new lighting shall conform to Section 150.035 through 150.038 of the City Code. d. The applicant shall work with the City to identify appropriate modifications to the no parking designations in the area as part of the proposed street improvements to Laverne Avenue. 6. The applicant shall provide a calculation for the existing and proposed impervious coverage on the site. 7. The applicant shall submit a storm water management and a drainage and erosion control plan for the site prior to the issuance of a building permit. 8. The applicant shall submit a landscape plan for review and approval that provides for replacement of any trees removed as part of the site work, The applicant shall work with the City to identify suitable locations for replacement street trees on the site, giving preference to any suitable locations within the Laverne Avenue boulevard. The applicant shall also consider the conversion of existing or planned paved boulevard areas to natural vegetation where possible as part of the planned improvements. 9. The applicant shall maintain existing screening and buffering located between the Church site and adjacent residential uses. Passed and duly adopted this 6th day of December 2011 by the City Council of the City of Lake Elmo, Minnesota, Dean A. Johnston, Mayor ATTEST: Craig Dawson, Interim City Administrator City of Lake Elmo DEVELOPMENT APPLICATION FORM El Comprehensive Plan Amendment El Zoning District Amendment Ej Text Amendment LIJ Flood Plain C.U.P. Conditional Use Permit Conditional Use Permit (C.U.P.) e..., e APPLICANT: Likkovi. L uvta (Name) TELEPHONES: (Home) 4- 1,- FEBWNER: LII (Name) TELEPHONES: (Horne) Variance * (See below) Minor Subdivision Lot Line Adjustment El Residential Subdivision Sketch/Concept Plan Site & Building Plan Review CLC_ It(R4 26' (Mailing Address) (Work) (Mobile) Fee Ei Residential Subdivision Preliminary/Final Plat O 01 - 10 Lots O 11 - 20 Lots O 21 Lots or More El Excavating & Grading Permit LI Appeal fl PUD C2)JL1k,t.re,17 v t't aC)13t" (Mailing Address) Cp1 -33? tor/ -)1,2 4- (Work) (Mobile) PROPERTY LOCATION (Address and Complete (Long) Legal Description DETAILED REASON FOR REQUEST: (Zip) (Fait) (Zip) &I 2-73 (Fax) OCT - 1 2011 *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:_„ +4- c- csi ) In signing this application, 1 hereby acknowledge that 1 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 pa' all statements received from the City pertaining to additional application expense. Signature of Applicant Date tc/ - SignatureAppilcant Date 1/22./200/1 City of Lake Elmo HOC Laverne Avenue North • Lake Elmo 55042 651-777-5510. Fax 651-777.4615 Christ Lutheran Church 11194 36m Street North Lake Elmo, K4N Request for Variance — Description and Hardship aList of Property Owners: Christ Lutheran Church b, Legal Description* DESCRIPTION OF PROPERTY SURVEYED (Per Deed Record. No. 84, Page 607) All that part of the Northwest quarter (NWI/4) of Section Number Thirteen (13), in Township number Twenty-nine (29) North, of Range number Twenty-one West, described as follows, to -wit; Beginning at a point in the center of the Elmo Road (so-called) at a point Six hundred and seventy (G7O)feet Northerly ofthe Northwest corner ofLot Number One (1)ofBlock number One (1)of Elmo Park, as surveyed and platted and now ofrecord in the -Office of the Register ofDeeds in and for said County; thence Easterly on o line parallel to the North line ofsaid Section One hundred and eighty (18O) feet tnapoint, being the point ofbeginning; thence Northerly onaline parallel tothe center'|ine of said road Two hundred and seventeen and eighty one -hundredths (217.80) feet; thence Easterly on a line parallel to the North line of said Section Two Hundred (200) feet; thence Southerly on a line parallel tothe center line nfsaid road Two hundred and seventeen and eighty one -hundredths /217.80\ feet; thence Westerly on o line parallel to the North line of said Section two hundred (200) feet, to the point of beginning, except Twenty (ZO) feet on the West Side of said lot which is to be used for private alley, and Thirty three /33\ feet on the East side, and Thirty(3O) feet onthe South side, which is to be used for Public Rood. And (Per Quit Claim Deed Document No, 192551) The West Twenty (2O) feet ofLot Thirty-nine (39)County Auditor's Plat No. 8,Washington County, Minnesota. And (Per Warranty Deed Document No. 192552) Lots Eight |D\ and Nine /9\, Block Two (2), Cloverdale, According to the plat thereof, on file and nfrecord in the Office ofthe Register ofDeeds, Washington County, Minnesota. And (Per Special Warranty Deed Document Nos. 11Z31O2(Torrena) and 31S554S(Abstroct)) ` Parcel 1(Tnrrend: The South Forty (4b) feet ofLot Twenty-nine (28) and all of Lot Thirty (30), County Auditor's Plat No. 8assurveyed and platted and now onfile |nthe Office ofthe Registrar VfTitles ofWashington County, Minnesota being the Village ofLake Elmo, Minnesota, Parcel 2 (Abstract): 1. Parcel Identification Numbers: Cloverdale, Block 2,Lot Dand Lot 9(l3O292123OO2O\;County Audhor'sPlat No, 8, Lots 39,29,30.(1302921230080);(1302821230053). 2. Parcel Size:67,lS8 sh 1.5400res. 3. Existing Use of Land: 'Religious organization; Business; Parking. 4. Current Zoning: P/PF; R-1; GB — see drawings for locations of each. c. State the Provisions of the Lake E|nmd Code.. 1. 154.O63PFPublic and Quasi -Public Open Space a. E. Minimum Requirements: Setback ofPrimary Structure, 5Ofeet all four sides ofstructure. d. Christ Lutheran Church (CLC) seeks a variance from the building setback requirements found in the Lake Elmo Municipal. Code. The current requirement |s5Dfeet from each property line. Christ Lutheran Church has operated out of its present building for over 55 years. |t|ahoping to make improvements to the building that include accessibility, entrances, interior circulation, and additional space for learning and hospitality, After many rounds ofspace planning and design, we determined that the best places to expand our entrances and interior circulation structure were onthe east and west sides ofthe building. Both sides involve extending the building out into the present setback area, Qnthe east side, the proposed building would extend out into the setback Sfeet, with an additional 7feet when the roof canopy is included. On the west side, the building extension also includes an entrance vestibule extending about 7 feet into the setback area with another 7feet for aroof canopy, The original building was built prior to formal planning codes and the west end of it is about 11 feet into the setback. The roof canopies donot include enclosed space. CLC has been an important entity within the Lake Elmo Village area for many years. Our plan is to continue to be a community oriented church, remaining in the Village area for years to come. As we anticipate future growth of our community and as our building needs changeover time building updating (construction) is a must so that we can operate our programs successfully and so we can invite and accommodate newer members of our village who may wish to join us. e. Jim Lohmanr\CLCchurch member and Building Committee chair, and Kevin Busch ofBusch Architects, Inc., architect for the project, met with Lake Elmo Planning Director Kyle K|ott on Septemberl5,ZO11,toneviawthep|anothattheohurohhasbeenwnrkingonond|ntendingto present tothe planning Commission and City Council for approval. There had been other, informal discussions between church leaders and city staff in the year prior to this meeting. Many plan options were presented and discussed during our two-year planning period. The present setback requirements don't allow us to improve and expand in a way that is efficient specexviseoreconomicoUy.Ourhardshipisthatvvithoutthevarianoetheohurnhvvou|dbe forced to do nothing or forced to expand the building in such a way that was neither conducive to good building planning nor provide the type of improvements that are greatly needed, g. The church property was first built upon and added unto prior to the more formal and restrictive ordinances were |n place. Initial structures did not (could not) anticipate future restrictions on property use. ° h. Christ Lutheran Church has been a member and a fixture in this neighborhood for over 60 years. VVedon't believe the variance will have any view, air, ornoise impact onour neighbors. On the west side, our proposed building extension, except for the roof canopy, does not extend further out into the setback area than the existing building, Onthe east side the Laverne Avenue Right - of -Way establishes extensive space between the church building and neighboring homes. Thank you for your consideration. Christ Lutheran Church FOCUSENGINEERING, inc. MEMORANDUM CeraGeheren P.E. Jack Griffin, P.E. Ryan Stempski, P.E. Date: October 312Ol1 651.30D.4261 651'300.4Z64 651.300.4267 To: Kyle Klott, Lake Elmo Planning Director Re: City of Lake Elmo Christ Lutheran Church Cc: Jack Griffin, P.E,City Engineer Building Expansion Review of Variance Request Fn]nD: Ryan StenlpskiP.E. We have received the variance request and Building Expansion plans for the proposed Christ Lutheran Church expansion located at1ll9436 mStreet. The following itenlsvver ereceived: • ReqUestforVariance —Description and Hardship /3Page List) • Plan Set (7 pages) dated October 5, 2011, submitted by Busch Architects, Inc. This application hsincomplete. ' Additionalitemsmust be submitted before a review ofthis application can bgcompleted byengineering staff, Please request the applicant toprovide and address the following additional items. -,'^c System Compliance and Capacity: • 4 septic system inspection Report must be provided and signed by a Licensed Septic Inspector verifying that the current system is compliant with Washington County regulations. • The Report must address the available capacity ofthe system and state 'its ability to accommodate the additional use created bythe expansion project; orprovide adesign for its expansion. • The Report must include a description of the current system type and components, dimensions, and capacity. • The proposed building addition must meet all requirements ofChapter 4ofthe Washington County Development Code. Water Service Connection: w The applicant is requesting a second water service connection for the building, The applicant must provide a detailed narrative to describe the purpose and need for the second service connection,including projected vvateruses. • Only one connection to the Watermain is recommended for the property pending the applicant's explanation. With a new service connection, the existing service should be abandoned. • Plumbing permit fees will apply to this proposed work. • Additional Water Available Charge (VVAC) units may apply for this expanded facility use. Work inthe Public : ~ This Plan \sproposing improvements within the public R/VV. Additional information \sneeded to evaluate the impact of these improvements to other existing or future facilities and uses of the Q/VVtVdetermine whether the »/VVencroachment can be allowed. m Detail plans must beprovided toindicate the existing conditions including roadway widths and all public and private utilities within the roadway, Utility locates will be required for this information, Additional Application Requirements: m Acalculation nfthe total added impervious surface must be provided on the application and reported in square feet. The Plan must include necessary Storrnxvater mitigation measures for app|\cablecity and/or VQVVDordinance requirements. w The application indicates new light poles, The plans must provide light pole details and standards including pole height and type, fixture type and photometric plans, Should the application move forward the applicant will berequired to provide detailed plans and specifications for all work located \Othe Public R/Wprior togaining final approval of the application. Details must include but not belimited tothe following (All construction details must be/naccordance with the [7ty'sDesign Standards Monua0: • Typical Sections for the proposed bituminous street and concrete sidewalk, • Plan details for all work in the R/W including water service connections, curb details, pavement marking details, and sign details. w A detailed drainage and grading plan to demonstrate positive drainage within the R/VV. • Concrete curb and gutter and valley gutter will be required along the proposed improvement. All grades must meet o[ exceed l%longitudinal grade, • Signing and striping will berequired for the Drop -Off area. • Parking and noparking requirements along Laverne Avenue must beevaluated along both sides pfthe street for this area. • Landscape Plan must beincluded tVaddress removal ofexisting trees. w A development agreement will be required with security sufficient to address all proposed improvements to be installed in city R/VV. • AnOwnership and Maintenance Agre�rneDtvvi||berequired toaddress the proposed ovvnersh\p maintenance �\nt�n�nc8 of the proposed infrastructure within city R/VV' November 4, 2011 Mr. Kyle Klatt City of Lake Elmo 3 800 Laverne Avenue North Lake Elmo, MN 55042 Re: Christ Lutheran Church Addition Dear Kyle: Thank you for submitting information regarding the proposal at the Christ Lutheran Church. On behalf of the Valley Branch Watershed District (VBWD), I have reviewed the information and this letter provides my comments. The proposed project involves constructing new sidewalks, paving along Laverne Avenue North, and expanding the church with a small building addition. The project does not require a VBWD permit because it will create less than 6,000 square feet and does involve other activities regulated by the VBWD. Temporary erosion control measures should be installed prior to any earthwork. The erosion control measures should be inspected during construction and maintained as needed. Disturbed areas should be vegetated as soon as possible after disturbance, and no later than 14 days after final grading. The site is near an area of Laverne Avenue North that floods frequently. While the proposed amount of imperviousness is less than the amount that triggers the need for a VBWD permit, stormwater volume control practices are encouraged wherever feasible. If you have any questions, please contact me at 952-832-2622. Sincerely, n P. Hanson, P.E. BARR ENGINEERING COMPANY Engineers for the District DAVID BUCI2EdK • LIKICOLN FETtol-IER • DALE BORA61-1 • JILL LUCAS • EDWARD'MARCkAN , , 1 1 VALLEY BRANCH WATERSHED DISTRICT • P.O., BOX 838 • LAKE ELMO, MINNESDTA55042-0538 1 www.vbwd.org ZON11161,R1 4LLY LA VERNE VENVE N. ,ate nau 2/48 alccE,rtoM •IPur .Orrx ',,,,OnryLIFLIKEELYM 14111 N ZONItirk L , MAIN LEVEL PLAN 36TH STREET NORTH wit.t■ ailAs AVENISMITH %Frei= PAINEWILMIONNEBOTA BEMS Tot V13331219 Paw VIZ-174.2M CIONSUIXAM CITY REVIEW SET 10.5.2011 OMOVIONOON IC33,331.1311330 3139303313303CPCK-C4C::'1 Wart st33013C933SCE 03,3303131c33.33 mons. ttge.r.tosal.shon, 43SCS3 SW 3COM 3.3141.33SIOR Isteesant ICROSS2111 RN SO 13100103.4 ICK.1333431 111.11.1=1.111.1111111 CONICSION WS WIC 313 1073. OSSEO SC CS Wow 33,23.1 30 WA CM RECCONCIVIS PMECTIME =MOO MOREMOOMINO OF MOST UTOIERAK =NCH MS313110.1313313003A OVOdER MISIISHICROMMURGH fILSSESISITOST MSC USEELSCL OSCAR AZT TM! MAW LEVEL FILAN MET 3 OF r Catm woo ONES OF BOST. BUILDING LINE OF EXIST. FOOTINGS L LIL VORTH ELEVATION fff=1-0 .I. LINE OF FOOTINGS r- - r - J PRERN. MET. CAP FLASHING LINE OF EXIST. FOOTINGS EXIST, OI FASCIA E 1INSUL. - IN ANOD FRAMES SOUTH ELEVATION BUILDING UPPER LEVEL ELEV. = 111 -4 MAIN = 100'-0 T. BRICK WEST ELEVATION EXIST, COPPER FASCIA RECONFIGURE AT NEW ADDRION TO REMAIN WATERTIGHT EXIST. ALUM.ENTRANCE TO REMAIN ES OF EXIST. FOOTINGS OW GRADE UPPER LEVEL ELEV.=110'-0' - EXISTING W COWS EXIST. BRICK LINE OF EXIST. FOOTINGS IXIST. BUILDING S TUCCO WOOD BEAMS AND FASCIA STAIN ANDO. ALUM. STORE- FRONT NIP IN SUL. GLASS rY EAST ELEVATION V3.0,) 118'=1.-0" L _ I 1 L L T. ASPHALT SHINGLE MST. BUILDING L An. • r 4 99 9 AAA AXIATItAil • AIALOIQA1 4 AAA t 0 1 # A 1i 111 • A i # :1•4 '9 ' :0 ...1,* 7 i;- - „_, - V.1 • ' sAA A % ••,..,•,,,, A A ViAA. , An... A i I. ' ig '' A il A 4 ' •,• - ' 11 ..; 411, ....-",-',1 1.1 1.4'1 1 ' R• 1 til '=' ''-...- '.'"' ii ' 1.2 _yl 4 4- i I AA, :' AAA . ‘. \ ,': .1",, •,. . , ,,,, \ . 4 \ . ..„ 4.,.....,..,,,.....„, \ . —:\ ' - ;A,• • \ . ::•11 A. 1, ,.. ,,, ' : \ \ ''‘ \ ' ' \ ' -... ---.." . A A, 7 ',0 k . 4, • \ \ •\,. ,l 1 -,,,,o ,i441 , \ • I., ' \ , i : • - • f. \ I 4 I 3 g 1,71 LAVERNE AVENUE N. • 42. z "13 \ I 1 , _ ! I , •‘, , - ••., \I I • 1 ..\_. - 1... - s\ - .. , r\•:\ !".. • • : : , I 11 , - 1 ---- 1 , .____ 1: .:',-•i', ; 3 \ I 1 \ • \ ! :1,1641 7'. OP L. TENLIA LA VERNE AVENUE N. ALTEANATC.P 5 0 090000oe HUM A I A g co to l'';tt Lr 4 t N s \ ,.. ".. ; \ a 0 ...J....A VERNE A VENUE g \ \ • 5 a W • t It mg mg 1 EROSION CONTROL NOTES macea saweem..aprnmceil mt. c.m.amamro..xo„em....r m mamremmmoemc m. mrvrva.,r.ra.tt«,rr.Mime. mn.m1<m.y.aax lMgem..a.nvmwca,mgl marodma@w.,.a.,.xarmeggpw memr.*....mwma..arwm.A..m ea. a a. away maenmeammem.ro..,m.v.waanmwrawanwararma.m.,,, zn.uwwuwa wallamm.mrmmdloommmm.Immma..mw..aw,.polo,en rpmwm....mt 1.11MmgmlimmgmgdammmermammogryMolonneremmiratemeamm eum.aa».mmmmemn.arm A ,loot,m..,m m..memmm..a,m«wti., +,,,a.a...w.umaw.w...ma 1fimethe em.ammem:.emdmw sm.mxapmm. 5. The lope 6.aETewNmamrwm6Al emWmmve. me r.nm 1001e01M ememmemma,. .mmmmwm.mee. •IOmelisax+item.MeeawCu.Mlimama mrbn.AnaMMmCartmae.xekwv 5wnwnt mpp mmmbeg rta.eem•mcNMw.mitrm Ktemmnymmmam.bNUwabMm imilmeleragtegettin neon ater... fa . tanip.mtr wa.nmmurmemel. Agra ..pone.. peen erngm.mm1.'a .m.mmm.. mou.amwm..m.ammma n,.«��m wlmvetimm paneo.m+acmvl.amm rmmnem.raa.mm.r.wo, mmmwm mmMp aH «n1..M ib<T CmmMm4 a.mmmev.bie. P=.1b01Y4 mM..emaNK iwM mnW.i•10C•galepowi GRADING NOTES Twoos Lamgomauca.ww..a.nw«.snmx..mm.awr wntaa.amm,. nm roawwmwm....wmmen.,a. illefem014cm.mmaggengkrg*MdmModreern NaN.mmnreapgmimNe;neatw mr.m er..wa.om. SPOT GRADES MITIMMOCC ..1lmJral•a, BUSCH t-L:Piiva M E:T f C T-S: nRtrG l 3154TITAVEMIESMUI1H a4/E1005 NI 515APdX, MINNESOTA 55615 TN:5122112E4 (is 5122542355 I I CO1MSULTANT Larson F pin..nwp ofnlnrtmeola CIE. A�4,"�m„ CF3HIHCAnoN PROJECT TIRE AOOITION AND RENDOEUNG pF CHRIST LUTHERANCNURCH 111967STHa NmmI NORTH LNG HMO. MN 550e2 OWNER CHRIST LUTHERAN CHURCH 11195 351H STREET NORTH UNE ELNO. MN 55N2 SHEET TIRE GRADING AND EROSION CONTROL PLAN C3 ss'k- "Th '1 PAM .4.1.11StVe7 iNFOUNSOrM NUM MP SONS SFIME. SE CONSONFOLEN WIESE INNOSIINO INS° OUTING [gnomon MNIONEFIT. LW. IMEOLIZILS MOO SO mosTRUCTINC Mom= STEAM COMM NOSES: 0 re, rem:-..—". (2) Ssw TazoTOM Mk -OM FULL MIMS MOM" taSst MS mom VIC, SO MEM ruE NEW WORK MILLED LAP JOINT DETAIL WM.OmmmmW CITY OF LAKE ELMO 512 BITUMINOUS PAVEMENT SECTION nor Ts szLE SLOPE 114. POR 1.1 1/0 DnDOT 8618 OONCOEIS ANN SIMS CONCRETE CURB & GLITTER CITY OF LAKE ELMO NismstoOsownitINO 501 ITV Ss NM —NN. AT ton, 1110711. '-011.0.1.1.711. Tu- SELECT CILLIMM MTIE SOILLIME LLSPRLLTELS WY CiM) 11 27 MITS T. SOLMILSO 9.1.1 ME COMMIS ASIT ROOMS or au, MEM UTISSECTMLLS, 2. AMIDE 20 CROSS-SLOSZ koNFAIN FOSIINS TIMINMO TOFFs AIM SOMA, smOMMIT SFOOSE OS WALE. SSOLFSSZIMI CONCRETE SIDEWALK sisom. MNAMEMM. C1TY OF LAKE 0 7701701 MIN. SECTION A —A VT or EONS WIRACCOTI I0 TOT MP.) CONCRETE VALLEY GUTTER 510 010 MMEUFwymmmMONO CITY OF LAKE ELMO AM OM OF COMM, RAMP = PIELV OWN OF PEOPENDICLISMS AN, I omme4m ma, , 001051 SIENSISIN OF WS GDIDES—n=u7DIOWL— —""""''''"—•"`` ."^""""""`"" Annuosen PEDESTRIAN CURB RAMP ...,..., (ilY OF LAKE ELMO ..imaNc.FoWINO 593 vasma SUISsucTSM. CONCRETE DRAINAGE CHANNEL. DETAIL MT SO SOO( BUSCH EmA It.r.41..K, a a Q-T,S,' 1.1141701 2/001HA700E0010M surlIgra MINEASICUS.mmoSSOTA 5505 512.3212270 Fax MUD= CONSULTAT Larson EmIneortng of Minimal* Eino.rOMO NFMONONNNNNamm Sma,naossFoNMiem COSIMMION NOFFEBSSERNOISMNIINOMON.SPESOCATION MostOmINFFSMOMMIFOMNFONN Frt tOoLommoolp.o.OVNNTrowNmom ONTE IssMol ROO. MSS PROJECT TITLE AMMON AND REMODELING OF EDIRIST LUTHERAN CHURCH 11114545207(50505 LADE amo, S50.12 OWNER IcHRrsi LUTHERAN cmURCX 11194 36711 STREET NORTH LAKE MAIO, MN St942 1 1 SHEET TITLE DETAILS DI MEMO, sHEsT 5 OF 5 4 422 3 6 T H LANDSCAPE PLAN v3, To- STREET N. ° r r....111r1111 .ENERALNOTES WESVagnamel,.11..ATPRAW., Fr-IregamplrtOPMFOIMIVOISOVS0 11.1:91,111.1101.111.CNIMMO INIC5rAPEPINIXErtiME5 IMC. Dine101(14£0,reAcr.s.307,434. Fltrj=1.1061. S1.6“..0001.41...116.14. .onFortmormcsoa. k.,74,17,11,14r BUSCH priotsauamm-oweivii 315 411; AVEIVIEStAM4 afilt1000 ININNEAPOUS, MINESOTA S5475 TY: 11=4*41 FCC 1112.12912:4 artrumiff PRELIMINARY DRAWING NOT FOR CONSTRUC11ON cTwMmM .1.14.415nrrtt5,Insin5,5.5woankce4 ICP2K.OPIMMERwalt[Cr SUPSMOCARMAT.I.111,011.14M mon., we. mmirsWESinets MEW. 0821/0.1.11(11 rxecrearri ittametom COME. Mt WM ORMISt ge0.11 CRUM000 DAM 01.41458.,mm Hrig$11135Te 0321955150. REVISIOXIXT4Sk mscrrois =BM Atraltr.r.gigoF LIIRISSUMIMARMIJRCN VAIMMINESOTA CIFISTLUTHEROMMI 11%005111.511=1.10. IMEEL40,1411M2 5NECTMLE lANGSCAPEPUN ..L1.0 seleUF Mat Caef trxen R;.="*an4.2 F.-Ioruq Mr. Ky|eK3att Planning Director City mfLake Elmo 38UDLaverne Avenue North Lake Elmo, MN 55042 Re: Christ Lutheran Church Building Addition and Remodeling Project (Revised) 11294]6=Street North Lake Elmo, MNSS042 Mr. Matt, The purpose of this letter is to respond to the Memorandum from Focus Engineering, Inc. dated October 31, 2011 and a re -response to Planning Commission concerns and updating of the response in general. l. Septic System Compliance and Capacity: Barry Brown, Washington County Licensed Septic System Inspector has reviewed the existing septic system on the property and determined that the current system isoon'conformin0. Areport was submitted tnthe City ofLake Elmo. Mr. Brown has also indicated in the report the only option available to the church is to apply for a permit toinstall atemporary holding tank, Mr. Brown had attached apreliminary design for the tanks inthe report. The Applicant recognizes that a separate variance will be required to install the tanks and that the City allow the church to move forward with the project with the understanding that the variance approval will be obtained prior to securing the building permit. 2. Water Service Connection: The new water service will provide for fire protection for the entire building, We anticipate installing G-inchdiameter pipe, We had anticipated abandoning the present domestic water use line and backfeeding it with the new service if that is acceptable with the City. Detail Plans for this would beincluded inthe Building Permit Review set. 3. Work inthe Public Right -of VVa\x Christ Lutheran Church has submitted drawings showing all intended Right -of Way work including all construction details. Since the Planning Commission had concerns regarding this work, the applicant understands that this portion ofthe project xvas not included in the Planning Commission approval and will take up the concern at a future meeting. |fthe Planning Commission ultimately does not approve this part ufthe project, the church would elect tnnot doit. |fapproval |sgranted then the church, through its A/Eteam would work with the City Engineer to finalize the design of the improvements. Page 1mru yzoFourth Avenue South, Suite 1000Minneapolis, Minvemtasaus mone/mo.3mo.2z7y Fmo1zunyzsso www.b"sch-anhkects.cvm 4. Additional Application Requirements: Additions topenvious/non'pemiuuosite-covering calculations are shown onSheet CZ. S. Light poles along Laverne Avenue are considered to be part of the Laverne Avenue Right-of-way work and will beaddressed concurrently. 4photometric plan will beprepared and submitted should approval begained for the Laverne Avenue work. 6, Water connection details will be placed on the Civil Drawings for permitting purposes. 7. All work with -in the City Right -of Way will be done per City standards and the details will be provided onthe Building Permit Review set. Civil Plans CD—C4indicate positive drainage, curbing and valley gutter esrequired. . Aspart ofthe construction, the church will mark the pavement >nthe drop-off zone along LaverneAvenuevviththewords"Dnmo-offohly^andxxiUcross-hotchthearaaofthezmnevvith white, 4"wide markings. Two signs will beposted that say: "Drop'offlane only —nolong-term parking". 9, The church agrees that the parking along Laverne Avenue should be evaluated. 10. Removal and replacement oftrees isindicated nnSheet LLLandscape plan, Arevised copy of the plan has been forwarded to the City. 11. The church (applicant) will work with the City to develop a satisfactory Develop Agreement related to the work in Laverne Avenue and will satisfy the agreed upon.securlty for the work. 12. The church (applicant) will work with the City to draw up an Ownership and Maintenance Agreement covering ownership and maintenance nfthe construction in the Laverne Avenue Right-of-way. 13. Thank you[ g|momrel� Kevin C. Busch, AIA, CID, NCARB Busch Architects, Inc. Page amz szoFourth Avenue South, Suite zmm, Minneapolis, Minnesota ss*zs rhnne:nz».3ss.2o9 p"x:oz2,aas.zaoa w~w.buoh-anhuec*,qm CITY OF LAKE . ELMO AY' AGENDA ITEM: SUBMIIIED BY: THROUGH: REVIEWED BY: R & COUNCIL COMMUNICATION DATE: REGULAR ITEM #: MOTION 12/6/2011 Demontreville Highlands Area Street Improvements — Authorize the Preparation of the Feasibility Report Jack Griffin, City Engineer Craig Dawson, Interim City Administrator Ryan Stempski, Assistant City Engineer Mike Bouthilet, Public Works Joe Rigdon, Interim Finance Director SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider initiating the 2012 Street Improvement Project by authorizing FOCUS Engineering, Inc. to prepare the Demontreville Highlands Area Street Improvements Feasibility Report in the Lump Sum amount of $9,600. STAFF REPORT AND BACKGROUND INFORMATION: In accordance with the 2011- 2015 Street CIP, the Demontreville Highlands Area streets are tentatively scheduled to be improved during the 2012 construction season (see attached CIP map). In order to initiate this improvement the Council must direct the preparation of a feasibility report as required by the statutory process for public improvements that are specially assessed. The study will report on the feasibility of the improvements and the estimated project costs to reclaim or reconstruct each street segment, depending on the existing street conditions and findings from the geotechnical investigation which is already in process. The Report will also provide a proposed preliminary assessment roll for each of the benefitting properties. For the Demontreville Highlands Area, the feasibility report will review the potential alternative of narrowing the paved roadway to further pursue greener streets within the City. During the feasibility study potential rain garden locations will be identified and residents will be encouraged to consider the placement of a rain garden within the right-of-way boulevard adjacent to their property. A proposed schedule of the Demontreville Highlands Area Street Improvements is attached. In order to be in a position to complete the improvements during the 2012 construction season, it is necessary to begin the feasibility report at this time, -- page 1 -- 1 City Council Meeting December 6, 2011 Demontrex Highlands Area Street Improvements Authorize the Preparation of the Feasibility Report Regular Agenda Item # [X] The Demontreville Highlands Area includes the following street segments (see attached 2012 Street CIP Location Map): Anticipated Street Reconstruction required: • Demontreville Trail Circle N from Demontreville Trail N to Cu1-de-Sac • Demontreville Trail Place N from Demontreville Trail Circle N to Cul-de-Sac Anticipated Street Reclamation possible: • 53rd Street N from Demontreville Trail N to Cul-de-Sac • Hytrail Avenue N from Highlands Trail N to 59th Street N • 59th Street N from Hytrail Avenue N to East End Cu1-de-Sac • Highlands Trail N from Demontreville Trail N to TH 36 • Highlands Court N from Highlands Trail N to Cul-de-Sac RECOMMENDATION: Based upon the above staff report and background information, the City Council is respectfully requested to consider initiating the 2012 Street Improvement Project by authorizing FOCUS Engineering, Inc. to prepare the Demontreville Highlands Area Street Improvements Feasibility Report in accordance with the Street Capital Improvement Plan, The suggested motion to approve this action is as follows: "Move to Authorize FOCUS Engineering, Inc. to Prepare the Feasibility Report for the Demontreville Highlands Area Street Improvements in the Amount of $9,600." Alternatively, the City Council does have the authority to further discuss, deliberate and/or, if appropriate, amend the recommended motion prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to Authorize FOCUS Engineering, Inc. to Prepare the Feasibility Report for the Demontreville Highlands Area Street Improvements in the Amount of $9,600 [as amended and/or modified at tonight's meetingi." ATTACHMENTS: 1. Proposed Project Schedule 2. 2012 Street Capital Improvement Plan Location Map SUGGESTED ORDER OF BUSINESS: Introduction of Item Report................. .......... ............. ....................... Questions from Council to staff..... ..... .................. Public Input (if appropriate)............ ......... ....... Call for Motion City Administrator ....... ........ .....,... City Engineer ,...„ .......... Mayor Facilitates ........... . ...... Mayor Facilitates Mayor & City Council Discussion Mayor Facilitates Action on Motion Mayor & City Council -- page 2 -- CITY OF LAKE ELMO DEMONTREVILLE HIGHLANDS AREA STREET IMPROVEMENTS PROPOSED PROJECT SCHEDULE December 6, 2011 Council orders preparation of Feasibility Report February 7, 2012 Presentation of Feasibility Report. Council passes resolution receiving Report and calling for Hearing on Improvements to be held March 6, 2012 March 6, 2012 Public Improvement Hearing. Council passes resolution ordering Improvement and preparation of Plans PROJECT BECOMES PART OF 2012 STREET AND WATER QUALTIY IMPROVEMENTS May 15, 2012 Presentation of Plans and Specifications. Council Approves Plans and Specifications and Orders Advertisement for Bids May 16, 2012 Placement of Advertisement for Bids — Quest CDN. Publication on May 16 — Finance and Commerce. Publication on May 21 & May 28 — Oakdale -Lake Elmo Review. Publication on May 23 & May 30 June 12, 2012 Receive Contractor bids/review and prepare preliminary assessment roll June 19, 2012 City Council accepts bids and awards Contract. June 22, 2012 Process and send out Contract Documents. July 9, 2012 Receipt of Contractor's Bonds/Legal Review and Issue Notice to Proceed. July 11, 2012 Conduct Pre -Construction Meeting. July 12, 2012 Contractor begins work. September 21, 2012 Substantial Completion of Work (Includes Paving and Restoration) October 5, 2012 Final Completion of Work (Punch List Items) f Dal1tiIo k Ek jEagio F-Qt: 01: f ittf 1E4 et 442' 111.6arlva ea '1 ,17 ;,k . , ty,11;f** 2012 STREET CAPITAL I PROVEMENT PLAN LOCATION AP IMPROVEMENT YEAR 2009 avue, 2011 2012 2013 2014 2015 2016 City Hall tarrr,m. rope', uql Public Works Building ....wk.. Pt Fire Stations Shoolrr Parcels Subdivisions City Parks Coll Course Lake Elmo Regional Park Reserve Pa, 011,A Lakes 9 I ofKit 444PL, 4)1-1=1,,, 'Ott Tow 01 vhip Hop Dale: NOVEMBER 2011 Creator) By 44 CHYOF LAKE ; ELMO 1 MAYOR & COUNCIL COMMUNICATION DATE: 12/6/2011 REGULAR ITEM #: RESOLUTION 2011-XXX AGENDA ITEM: Kirkwood Avenue North Street Improvements — Resolution Declaring Adequacy of Petition and Ordering the Preparation of the Feasibility Report SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Craig Dawson, Interim City Administrator REVIEWED BY: Ryan Stempski, Assistant City Engineer Dave Snyder, City Attorney Mike Bouthilet, Public Works Joe Rigdon, Interim Finance Director SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider adopting Resolution No. 2011-XXX Declaring Adequacy of Petition and Ordering the Preparation of the Feasibility Report for Street Improvements for Kirkwood Avenue North. STAFF REPORT AND BACKGROUND INFORMATION: On April 26, 2011 a petition was received requesting the city to complete a feasibility report pursuant to Minnesota Statutes, Chapter 429 to improve Kirkwood Avenue North from a gravel roadway to a paved roadway. The petition is an attachment to this agenda report and was signed by at least 35% of the affected properties. The property owners have been informed that if the Council orders the improvements, they may be assessed for these improvements in accordance with the City's Special Assessment Policy for Public Improvements. As a gravel roadway, Kirkwood Avenue North is not programmed for improvement in the 2011- 2015 Street CIP. Therefore, this improvement has not been previously presented to the Council as a planned improvement or budget item. The preparation of a feasibility report is required as part of the statutory process for public improvements that are specially assessed, and must be completed before the Council can take action to order an improvement. Should the Council choose to move forward with the feasibility report, the estimated cost to complete the report is $5,200. Should the project be constructed and assessed to the benefitting properties the city share for the various improvements is estimated to be $45,000 if a lower cost shape and pave improvement is feasible. If a reconstruction is required, the more likely scenario, -- page 1 -- City Council Meeting December 6, 2011 Kirkw Avenue North Street Improvements Resolution Declaring Adequacy of Petition and Ordering the Preparation of the Feasibility Report Regular Agenda Item # [X] the city share is estimated to be $120,000. The improvement type, depending on the existing street conditions and findings from the geotechnical investigation, and the preliminary assessment breakdown would be determined in the Feasibility Report. In 2011, a project was completed to improve 50th Street and Kimbro Avenue from a gravel roadway to a paved roadway. Through the public improvement process for this project, property owners from Kirkwood Avenue North inquired about adding their connecting roadway to this project. The City Engineer held a resident meeting on February 23, 2011 after preparing a very preliminary report for improving Kirkwood Avenue North. This work included the evaluation of two potential improvement alternatives with preliminary estimates of cost and a preliminary range of potential assessment amounts for the benefitting properties. The meeting was attended by 4 of the 7 affected properties and the potential assessment amounts presented were $15,000 per property and $18,000 per property depending upon which improvement would be required. This information was also mailed out to each of the property owners (refer to the attached letter dated April 15, 2011). Informed with this information, a petition was then received requesting the city to complete a feasibility report for improving Kirkwood Avenue North. The petition was signed by 6 of the 7 affected properties. If authorized, the Report will evaluate the feasibility of the improvements and the estimated project costs to complete a shape and pave improvement, or to reconstruct the gravel base prior to paving the roadway. The Report will also provide a proposed preliminary assessment roll for each of the benefitting properties. A proposed schedule of the Kirkwood Avenue Street Improvements is attached. In order to be in a position to complete the improvements during the 2012 construction season, it is necessary to begin the feasibility report at this time. RECOMMENDATION: Based upon the above staff report and background information, the City Council is respectfully requested to consider adopting Resolution No. 2011-XXX Declaring Adequacy of Petition and Ordering the Preparation of the Feasibility Report for Street Improvements for Kirkwood Avenue North, The suggested motion to approve this action is as follows: "Move to Approve Resolution No. 2011-xxx Declaring Adequacy of Petition and Ordering the Preparation of the Feasibility Report for Street Improvements for Kirkwood Avenue North." Alternatively, the City Council does have the authority to further discuss, deliberate and/or, if appropriate, amend the recommended motion prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to Approve Resolution No. 2011-xxx Declaring Adequacy of Petition and Ordering the Preparation of the Feasibility Report for Street Improvements for Kirkwood Avenue North." [as amended and/or modified at tonight's meeting]." -- page 2 -- City Council Meeting December 6, 2011 ATTACHMENTS: Kirkwood Aver, North Street Improvements Resolution Declaring Adequacy of Petition and Ordering the Preparation of the Feasibility Report Regular Agenda Item # [X] 1. Resolution No, 2011-XXX 2. Petition for Local Improvement Signed by Kirkwood Avenue Residents 3. Letter Sent to Kirkwood Avenue Property Owners Dated April 15, 2011 4. Proposed Project Schedule SUGGESTED ORDER OF BUSINESS.. Introduction of Item City Administrator Report City Engineer Questions from Council to staff Mayor Facilitates Public Input (if appropriate) Mayor Facilitates Call for Motion Mayor & City Council Discussion ........... ....... ........... ........ . ......... . ..... ........ ..... ........... Mayor Facilitates Action on Motion Mayor & City Council — page 3 -- CITY OF Lake Eimo PETITION FORLOCAL :IMPROVEMENT DATE: TO THE CITY COUNCIL -OF LAKE ELMO, MINNESOTA: We, the 'undersig-ned,-owners representing at least 35%" of the :affected property parcels abutting on Kirkwood Avenue North, hereby petition: the city to complete a feasibility study for street imp ov einents -pursuant to Minn e s o ta.. S ta tut e s Chapter 429. We understand that by :signing this ,petition, :the City may recommend liriprovements to be completed that are consistent 'with :the iCiq's design:, ,standards for public 'streets and may recommend additional improvements, as d.eerned:necessary m thel;City's opinion, to be completed in conjunction with. said improvements --(such as storm iteWer System and drainage :provisions as deemed necessary by 'the :City,: 01 extending watermain or :sanitary sewer 'service :to lunserviced propeirtieS:pii:orto reconstructing City streets). We also understand that if the:City:Council orders the nprovements,we rnaybe assessed for 'these improvements in-,attordance :with the .City's Special Assessment Policy forIPublic 'improvements, : Consistent :with _State _Statutes and City :policies,we understand that the City :Council has full authority:to authOrize'improvenientS to he made, and assessments to be 'levied against my:property, and that any deCision to order the improvements is NOT„stibject to :vote by the abiatting properties, (To allow for proper Cil.'Yporiffeations, each Signature must be accornpar2ied by a :legibly printed nan2e and ad dress) SIGNATURE OF PROPERTY OWNER(S) NAME(p(printed) DRESS (priated) lim'i1/4172-74/2-At RAH t AA)1Vrae.ry • •S-17 k:,* r- kw en 9 6) 5-2 4/.4 fr7 /7L cJo frL /-k7ss6-f 65 e-55e— ‘,. RCCA.2-knx.:3 er-cdoc)b 67)1- ' PETITION FOR LOC Page 2 11. 12. 13. 14. 15, 16,, 17, 18. 19. 20. - 21. 97, 23. 24. 5, 0 ENT Examined, -checked, and found to be in proper form and to be ,signed by the required number of owners ofproperty affected by the making -of the improvement petitioned for. Sharon Lumbly, City Clerk .L; Washington County Property Records and Taxpayer Services Department Page 2 of 3 Washington County Property Records*and TaYzpayer Services D Welcome to the Washington County -Property'Information Page. To.obtaIn property tax. -Information or pay online, please search by one -of -tile following options: NIP .arcel- ID:Number (Example: 11.022.33.44.00 01) AIR -roperty Address-, House.Number(Example: 1234) or Street Name-.(4th; not 4th Street or 4th 'Avenue) Past due tax amount s Include -penalty and Interest calculated as of the Last Update listed. Contact us If you:have any question's orneed other payoff amounts calculated. Amounts shownln the Tax Bill Totals area is the amo.unt.owed after payments. Select Tax Detail to dIsplaythe original Total Tax Amount by'year. Spectal,AssessmentInformation.ls:destgnated-hy • • Our main office. is located on:the first -floor ofthe Government Center.Bullding.at 14949 82nd StA, StIllwater,'MN 55082. Enter the Government CenterMain entrancelocated to theeast of -Parking Lc -A. If you- have .any.questIons.orif.your search-does..not display results, -please contact us by callIng,-(651 4.313-6175, Monday through AN to .5f00'.PM or :by email at Taxea@co.washingtonann.us, ~ '1, Search By ?roperty..Accirese.-:;,,I,:: !Kirkwood Total records: 29 11.029.21.43.0011 I1029,21,43.001.0 11.029.21:43.0009 11.029,21.410012 11.029.21.43,0006 11,029.21.410013 11.02921.43;0014 11:029.21.43.000.7 11.029.21.43.0015 11,029.21.43.0016 11.029.21.42.0007 11.:07.9,21,43.0017 11.029i.21;42,0006 11.029.21,42.0008 11.029.21,-42,0009 11;029.21:42.OM A2,029,21_43.0002 2029.2.1.-.43.0003 .A2.02921,43.0004 02.029.21.43,0005 1,402:029.2142.0001 02.029.21.42.0002 021.122,21.42.0003 02.027,21,42,0002 02,027,21.42.0004. .rpledri Sort.by 'Property Address..i.iTii "Owttor Afflict CHENOWEtHi MARK SIRS & BETH.A 'CHEF/OWE-1;H TR'S 4092 -K/RKWOOD LN N IORILLOMARC' C-8i. )1.1LIE A r.. 4118 'KIRKWOOD LN N ' OSS° RAND.E.R. e. "ANITA R GOSSO 4132 KIRKWOOD LN N OBERG JOHN.SCTONYA '4143-KIRKWOOD th N HAMMES NICHOLAS &REGINA - 4146 KIRKWOOD LN N • E05TROM.ZACHARY-6. CHRISTINA . 415.514IRKWODD.LN-N .:.NOTTLEY OLIVER.) &ANGELA 41:67-KIRKWOOD LN KORAL-LAWRENCE.P &KATHLEEN M 41.68-KIR...KwoOD LW N VVYLAND'DAVID Elk APRIL , . 4177 KIRKWOOD LNN FEDOROWSKIALCHARD..F. JAM 4.167 KIRKWOOD...A N PHAN' MUY'Fliat LINN TNGUYEN -4'190:KIRKWOOD I:RN MCGRAW,MAREENA.14.,BEAU -.4199 KIRKWOOD LN.N. BLITLERMAORICE b.JENNIFElk 4220-KIRKWOOD LP I4 APAME 0RAD.LALISON 4227 KIRKWOOD LN N 'LUNDGREN DANIEL ).'&1•111TH-M .4251 KIRKWOOD LNiN MATHAUS-RICHARDAi& ERIN N 4265-KIRKW.0OD.LN N MANZARA-ANTHONY :5050 KIRKWOOD AVE N. HUOTJOHN-R & CHER•L' M '5.110 KIRKWOOD AVE 'M1! 'ThOMPSQNCARMENM&R0081 5.170.KIRKW000AVEiN .KRISTENSON ALLAN J'aCJACQUEL '5230.KIRKW00D AVE N HESSE .RICHARDiD .&-ROSALIE-M 5235.KIRKW00DAVE N KNIPE D'ONALD X& KAREN M 5300 KIRKWOOD AVE N LAATSCHIOHN 'Ei'MARY.CANE te' NARY -CAVE LP.ATSCH 5760 KIRKWOOD AVE N LAHTI .:MATT:E KIMEERLY LAN/MAN...LAHTI 6320 KIRKWOOD AVE S SWIFT CARTER-2:&, BROOKE L 6450.KIRKW00D AVE S Back ...Frst) I 2 I Last Next ent Print this Page CONTACT INFORMATION Washington County Taxpayer Services 14949 62nd Street North P.O. Box 200 Stillwater, MN 55002- 0200 (651) 430-6175 Washington:County - Home Tax -payment Options nAll -payments made -after the due date -are considered late and penaltywliibe applied., CART: ONLINE PAYME.NT:OF . PROPERTY TAXES Orillne,payrnent: is available from this site for both.Current and- Dellnquent.property taxes, :NOTE: The following conVenlence fees are charged ,and collected by ourpayment vendor Link2Gov, •eCh eck'fee:is $1,00 :per transaction •oCredl t Card fee is 2.599/0 of-the:amount paid. We accept 'American Express, Discover, MasterCard and Visa. http://mn-washinzon.manatron.eomi 4/26/2011 o April 15, 20:11 651/777-5510 3000 Laverne .Avenue -North / Lake Elrno, MN55042 Property Owners of Kirkwood Avenue North Re: Follow-up inforniation-from the February Neighborhood1\ Dear Prop ertyOwner, This letter is,'Iming.sent to you as a follow up to-theKirkwood Avenhe Property Owner Ivieeting that *as held on February 23,1201.1, at Lake Elmo City Fi-all, At -this -meeting, -CiO :staff reViewecl with you the potential. improvement options . and associated preliminaty-coSts toProvidea p aved.bituni no us.roadway for. Kirkwo d Avenue:North. 'The-enst. inforin ati on that was presented, and dis cus s e d meeting:is sunamalized.below: . • If a ".Shape- aricl:Pave" bitunitions surfacing proiect.is,feasible, the very preliminary 'estimated cost that -Was presented was .roughly -$10,5:00 to '$45J)00 perproperty.-Ifthe underlying -gravel base is inadequate, -a total gravel reconstruction is requiretl.prior to paving. 'Ilae;Yery.prelirninary estimated nest that was presented .for.this'option wasroughly S12,600 to sls,po Terprepe4y. To determine which iinproveinentis necessary and proVide.a better cost dstimate, a Feasibility Study would:heed-to:be completed,. This Study would include -an 'analysis of -the road base and underlying,soils along Kirkwood Avenue.; As requested, we-have-attaehed a Petition iForm-for.Local improvements. Ifyour neighborhood would like to request-the-City---Coun Gil-to:Consider autorizing.a.feasib ilitY study for Kirkwood Avenue -North, you will need to -submit the attached petition form indicating . -this interest by having signatures representing.bileast 35% . of the affected parcels. -Once a. valid Petition is,receivedby the City.-oftake Ehno, the.proj sot would be presented:to the City Council for consideration. Please keep inmind tliat receipt of a petition does not guarantee that a FeaSibility -StUdy will be comniiSsioned and that the -City does not havennprevements to Kirkwood Avenue North programmed withinthe 5-yearStreet CIP. Feel free to contact me at 651/292.7407 if yonhave any questions. sincerely, / 7-7 5t7/. Ryan W. -Stempski,-P-E— _Assistant City Engineer Enclosure Co: Brace iviesselt, City Administrator Sack Griffin., City Engineer printed ori CITY OF LAKE ELMO KIRKWOOD AVENUE STREET IMPROVEMENTS PROPOSED PROJECT SCHEDULE December 6, 2011 February 7, 2012 March 6, 2012 Council orders preparation of Feasibility Report Presentation of Feasibility Report. Council passes resolution receiving Report and calling for Hearing on Improvements to be held March 6, 2012 Public Improvement Hearing. Council passes resolution ordering Improvement and preparation of Plans PROJECT BECOMES PART OF 2012 STREET AND WATER QUALTIY IMPROVEMENTS May 15, 2012 May 16, 2012 June 12, 2012 June 19, 2012 June 22, 2012 July 9, 2012 July 11, 2012 July 12, 2012 September 21, 2012 October 5, 2012 Presentation of Plans and Specifications. Council Approves Plans and Specifications and Orders Advertisement for Bids Placement of Advertisement for Bids — Quest CDN. Publication on May 16 — Finance and Commerce. Publication on May 21 & May 28 — Oakdale -Lake Elmo Review. Publication on May 23 & May 30 Receive Contractor bids/review and prepare preliminary assessment roll City Council accepts bids and awards Contract. Process and send out Contract Documents. Receipt of Contractor's Bonds/Legal Review and Issue Notice to Proceed. Conduct Pre -Construction Meeting. Contractor begins work. Substantial Completion of Work (Includes Paving and Restoration) Final Completion of Work (Punch List Items EITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2011-XXX A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE KIRKWOOD AVENUE NORTH STREET IMPROVEMENTS WHEREAS, a petition was received requesting the city to complete a feasibility study for street improvements for Kirkwood Avenue North pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the petition was certified by the city clerk to be properly signed by more than 35% of the affected properties, and WHEREAS, a property owner meeting was scheduled and conducted by the City Engineer to discuss in a preliminary way the anticipated scope of improvements that would be required and provided very preliminary estimates for probable project costs and the associated assessments to the benefitting properties. NOW, THEREFORE, BE IT RESOLVED, 1. A petition requesting the improvement of Kirkwood Avenue North, filed with the Council on December 6, 2011, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minn, Statute 429.035. 2, The petition for the proposed improvement is hereby referred to the City Engineer and that person is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost- effective, and feasible, whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. Date: ATTEST: Craig Dawson Interim City Administrator Resolution No. 20 1 1 -XXX 2011 CITY OF LAKE ELMO By: Dean A. Johnston, Mayor CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Lake Elmo at a duly authorized meeting thereof held on 6th day of December 2011, as shown by the minutes of said meeting in my possession. Sharon Lumby City Clerk (Seal) Resolution No. 2011-XXX CRY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: REGULAR ITEM #: MOTION 12/6/2011 1'7 Keats Avenue North Street and Trunk Watermain Improvements — Authorize the Preparation of the Feasibility Report Jack Griffin, City Engineer Craig Dawson, Interim City Administrator Ryan Stempski, Assistant City Engineer Mike Bouthilet, Public Works Joe Rigdon, Interim Finance Director SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider initiating the 2012 MSA Street Improvement Project and the 2012 Trunk Watermain Improvement Project by authorizing FOCUS Engineering, Inc. to prepare the Keats Avenue North, Street and Trunk Watermain Improvements Feasibility Report in the Lump Sum amount of $11,400. STAFF REPORT AND BACKGROUND INFORMATION: In accordance with the 2011- 2015 Street CIP, Keats Avenue North is tentatively scheduled to be improved during the 2012 construction season (see attached Street CIP map). In addition, the Keats Avenue Trunk Watermain Improvements was scheduled to be completed in 2011 (see attached Water System CIP map). In order to initiate these improvements the Council must direct the preparation of a feasibility report as required by the statutory process for public improvements that are specially assessed, The feasibility report will evaluate the necessary scope of improvements to be constructed together with an estimate of project costs to reconstruct each improvement, and will also provide a proposed preliminary assessment roll for each of the benefitting properties. The report will consider Municipal State Aid funding contributions for the MSA street improvement work, and DEED Water System Grant funding contributions for the Trunk Watermain work. Geotechnical services were completed in 2010 to determine the possibility of completing a pavement reclamation improvement along Keats Avenue. This investigation determined that a street reclamation was not feasible and recommended that the street base be excavated and reconstructed before placing a new bituminous surface. From this report it was determined that the lowest project cost alternative would be achieved by combing the Keats Avenue Street -- page 1 -- r City Council Meeting December 6, 2011 Keats Avenue N. Str nd Trunk Watermain Improvements Authorize the Preparation of the Feasibility Report Regular Agenda Item # [X] Reconstruction and the Keats Avenue Trunk Watermain together as one project. The watermain would be installed by open cut trenching followed by the reconstruction of the roadway. A proposed schedule of the Keats Avenue North Street and Trunk Watermain Improvements is attached. In order to be in a position to complete the improvements during the 2012 construction season it is necessary to begin the feasibility report at this time. RECOMMENDATION: Based upon the above staff report and background information, the City Council is respectfully requested to consider initiating the 2012 MSA Street Improvement Project and the 2012 Trunk Watermain Improvement Project by authorizing FOCUS Engineering, Inc. to prepare the Keats Avenue North Street and Trunk Watermain Improvements Feasibility Report in accordance with the Street and Water System Capital Improvement Plans. The suggested motion to approve this action is as follows: "Move to Authorize FOCUS Engineering, Inc. to Prepare the Feasibility Report for the Keats Avenue North Street and Trunk Watermain Improvements in the Amount of $11,400." Alternatively, the City Council does have the authority to further discuss, deliberate and/or, if appropriate, amend the recommended motion prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to Authorize FOCUS Engineering, Inc. to Prepare the Feasibility Report for the Keats Avenue North Street and Trunk Watermain Improvements in the Amount of s11,400 [as amended and/or modified at tonight's meeting]." ATTACHMENTS: 1. Proposed Project Schedule 2. 2012 Street Capital Improvement Plan Location Map 3. Comprehensive Water Plan Map SUGGESTED ORDER OF BUSINESS: Introduction of Item ......... ..... ........... ....... ..... .............. City Administrator Report City Engineer Questions from Council to staff.................„ ......................... Mayor Facilitates Public Input (if appropriate) Mayor Facilitates Call for Motion Mayor & City Council Discussion ................ . .............. ........... ............... . ....... ............,. Mayor Facilitates Action on Motion Mayor & City Council page 2 — CITY OF LAKE ELMO KEATS AVENUE STREET & TRUNK WATERMAIN IMPROVEMENTS PROPOSED PROJECT SCHEDULE December 6, 2011 Council orders preparation of Feasibility Report February 7, 2012 Presentation of Feasibility Report. Council passes resolution receiving Report and calling for Hearing on Improvements to be held March 6, 2012 March 6, 2012 Public Improvement Hearing. Council passes resolution ordering Improvement and preparation of Plans May 15, 2012 Presentation of Plans and Specifications. Council Approves Plans and Specifications and Orders Advertisement for Bids May 16, 2012 Placement of Advertisement for Bids — Quest CDN. Publication on May 16 — Finance and Commerce. Publication on May 21 & May 28 — Oakdale -Lake Elmo Review. Publication on May 23 & May 30 June 12, 2012 Receive Contractor bids/review and prepare preliminary assessment roll June 19, 2012 City Council accepts bids and awards Contract. June 22, 2012 Process and send out Contract Documents. July 9, 2012 Receipt of Contractor's Bonds/Legal Review and Issue Notice to Proceed. July 11, 2012 Conduct Pre -Construction Meeting. July 12, 2012 Contractor begins work. October 19, 2012 Substantial Completion of Work (includes Paving and Restoration) November 16, 2012 Final Completion of Work (Punch List Items) Cily Oakdale ck ;1 7 it 'Pt 4Igt 4474'4' 4 14 R4-4 -2;1-41-" 444 Kt; tt,t_tttttt,,tt, LIA IA" ,,ek reeve,/ Cowrie, eee Se eke. eeee ilfi,}010 tee„ le, „ttt,t. t44 4,4 rote ti tier r le 141 4 444 4 krettlike " 434 — tit t I 14 . . 14' i 4.40-4- et tIIII ?,, ti .<t 1 ,I)4l4 : elt. ft' '472; 1, , 44"Vi'kk'ko :. -Aka . kk "Ztienk.': kkkkkkk k.'. 41 TI . eet SaL044,4k4k.k 4 4 41,442„V 44; \tt 441 fet,„„ee 44404, 4 ittetettette.... ettlette. 0,44 tr' .44,44 44 iry et0 eIIttet101-11I11111.4 44,41i V` 44 2012 STREET CAPITA I P OVE E T PLAN LOCATION AP IMPROVEMENT YEAR 2009 20 2012 ieiettetet 2013 2014 2015 2016 City Hall 65, 74,41tO kkrk kkkkkk k,q Public Works Building 3404.411, kik 41 A,1111.Sakk Fire Stations Parcels Subdivisions City Paths Golf Gouts° Lake Elmo Regional Park Reserve re,•to mai Lakes 144 li1ettelam6 tiiw/L;hip 4444 44, te 40 Map Date, NOVEMBER 2011 Created By ,0Tt,''F. EXISTING LAKE JANE, OAKDALE INTERCONIJECTIONM- t. mot' vAr EDUCING STATION ✓ '4 M • TOWER #4 FUTURE INTERCONNECTION EL,.. WITH OAKDALE F,",`"I ti EXISTING EAGLE POINT OAKDALE INTERCONNECTION ;..,''.,, Ext:,TlYti', EC:OSTEP-,:TAT,C4 ke EI,nU APRIL 20, 2009 ALTERNATE '. REDUCING WELL #5 STATION EXISTING WATERRMAlU PROPOSED WATE9MAH c' OP, NOEL SERVICE AREA 40,0F 2 REDUCINGA STATION REDUCTNf,'w, STATIO TOWER #1 J REPLACEMENT.: TOWER #1A i ELL #5 AND RESSURE TANK MttbSC!J FIGURE 1 EXISTING AND FUTURE WATER SYSTEM 2030 COMPREHENSIVE WATER SYSTEM PLAN 4 CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: December 6, 2011 REGULAR ITEM #: 18 Motion AGENDA ITEM: Appointment of City Attorney (General and Prosecution) SUBMITTED BY: Craig W. Dawson, Interim City Administrator SUMMARY AND ACTION REQUESTED: City Attorney David Snyder is leaving the Eckberg Lammers law firm and joining the law firm of Johnson & Turner, P.A. His relationship with Eckberg Lammers will continue through December 31, 2011. The Council is requested to continue Mr. Snyder's appointment as City Attorney with the Johnson & Turner firm. An appropriate motion would be: "Motion To Appoint David K. Snyder as the City Attorney and City Prosecutor with the law firm of Johnson & Turner, P.A., effective January 1, 2012." BACKGROUND INFORMATION: The City Council appointed Mr. Snyder and the Eckberg Lammers firm as city attorney for general legal services in April 2009, and in 2010 extended legal services to include prosecution. Mr. Snyder is now joining the Johnson & Turner firm, which has its main office in Forest Lake and a local office in Lake Elmo, as a shareholder, FINANCIAL/LEGAL/OTHER CONSIDERATIONS: Mr. Snyder has indicated that he would continue his services under the same terms and conditions as exist currently. Should the Council continue with Mr. Snyder's services, I will authorize that the files related to the City at Eckberg Lammers be transferred to Johnson & Turner, SUGGESTED ORDER OF BUSINESS: Introduction & Report .......... ,........ ..... .............. ......... Interim City Administrator Questions from Council to Staff.. .............. ,.......... ..... .............,Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Discussion......,.......... ...... ....... ....... Mayor & Council Members Motion(s) ....... . ........... .,...........,............................. .............. Mayor Facilitates -- page 1 -- f CITYOF LAKE EL MO AYOR & COUNCIL COMMUNICATION DATE: 12/06/2011 REGULAR ITEM #: 20 MOTION AGENDA ITEM: Adopting Mayor and City Council Salaries SUBMI I l'ED BY: Sharon Lumby, City Clerk REVIEWED BY: Craig W. Dawson, Interim City Administrator SUMMARY AND ACTION REOUESTED: The City Council is asked to consider adopting an increase in Mayor and City Council Salaries effective January 1, 2013: "Move to adopt Ordinance approving as of January 1, 2013, the annual salary of the Mayor shall be $6,250 and the annual salary of each Council Member shall be $4,860." BACKGROUND INFORMATION: At the November 15, 2011 meeting, the City Council discussed the salaries for the Mayor and City Council Members. Interim City Administrator, Craig Dawson, provided a survey of salaries of City Council in the metropolitan area serving 5,000 to 25,000 residents.. By statute and City Code, the Council must set salaries by ordinance prior to a regular city election, and they may not take effect until January 1 of the year following the next city election. The last time the Mayor and City Council received an increase was in 2007 and 2008. At the November 25th meeting, the City Council directed staff to prepare an ordinance to set the salaries of the Mayor and Council Members at 95% average wage to take effect January 1, 2013. The motion was passed 3-2 with Council Members Pearson and Emmons voting against. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council adopt the ordinance to increase the Mayor and City Council salaries effective January 1, 2013, page 1 -- CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE RELATING TO MAYOR AND COUNCIL SALARIES The Lake Elmo City Council hereby ordains that Section 31.08 is amended to read as follows: 31,08 Salaries of Mayor and City Council Members a. As of January 1, 2013, the annual salary of the Mayor shall be $6,250 and the annual salary of each council member shall be $4,860, Adoption Date: Passed by the City Council of the City of Lake Elmo on the 6th day of December, 2011. Effective Date: This ordinance shall become effective January 1, 2013, SEAL Dean A Johnston, Mayor ATTEST: Craig W. Dawson, Interim City Administrator Publication Date: Published on the day of December, 2011 CITY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION December 2, 2011 TO: Mayor and City Council FROM: Sharon Lumby, City Clerk SUBJECT: Candidate Interview Schedule for City Administrator Position On November 15th, in a Closed Session the City Council reviewed all applications for the City Administrator position. On November 22"d, in a Closed Session, the City Council decided on finalists for this position and the interview procedure. On Friday, December 9th, the City Council will have lunch with three candidates at the Lake Elmo Inn from 11:30 a.m. to 12:30 p.m. The Council will interview these candidates on a one-on-one basis from 1:00 p.m. to 6:00 p.m. at the Lake Elmo City Hall. On Monday, December 12th, the City Council will have lunch with four candidates at the Lake Elmo Inn from 11:30 a.m. to 12:30 p.m. The Council will interview these candidates on a one-on-one basis from 1:00 p.m. for 7:00 p.m. at the Lake Elmo City Hall. For the interviews with the Council, each Council member is to send the City Clerk a (one) question they would like each candidate to answer. The Council may want to schedule another meeting(s) to discuss and proceed with the selection and engagement of the new City Administrator. -- page 1 --