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Home My WebLink About03-01-2011 CCMPCity of Lake Elmo 3800 Laverne avenue North March 1, 2011 7:00 p.m, A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ATTENDANCE: Johnston Pearson Emmons Park Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do 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 the February 15, 2011 City Council Minutes, 2. Accept the February 17, 2011 Special City Council Minutes, H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes. I. CONSENT AGENDA: (Items are placed on the consent agenda by City staff and the Mayor because they are not anticipated to generate discussion. Items may be removed at City Council's request. 3. Approve payment of disbursements and payroll J. REGULAR AGENDA: 4, Firefighters Relief Association Drawing 5, 4-H Funding Request 6. Rezoning Map Amendment: Rezoning of Two Properties offof27th Street 7. Clarification of Sub -Committee Duties 8. Consider Resolution of Support for the Washington County's Continued Participation in the Counties Transportation Improvement Board (CTIB) 9. Consider Proposed 2011 Accounting Services Contract, as amended 10. Authorize Solicitation and Contracting for Professional Services for Organizational and Personnel -Related Matters 11. Storm Water Utility Ordinance: Direction K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) • Mayor and City Council • Administrator • Planning Director L. Adjourn ** A social gathering may or may not be held at the Lake Elmo Inn following the meeting.** C TY OF LAKE EN,„"LMCI AYOR COUNCIL COMMUN LAMA/ AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 3/01/2011 REGULAR ITEM #: 8 MOTION Resolution No. 2011-006 Consider Resolution of Support for the Washington County's Continued Participation in the Counties Transportation Improvement Board (CTIB) Gateway Corridor Commission Bruce Messelt, City Administrato Honorable Dean Johnston, Mayor SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider Resolution No. 2011-006, supporting Washington County's continued participation in the Counties Transportation Improvement Board (CTIB), as requested by the Gateway Coiiidor Commission, Should Council wish to approve such a Resolution, the specific motion suggested is as follows: "Move to Approve Resolution 2011-006 expressing support for Washington County's continued participation in the Counties Transportation Improvement Board (CTIB)." BACKGROUND INFORMATION: The Gateway Corridor Commission, of which Lake Elmo is a full member and participant, has requested consideration of resolutions from local communities supporting continued participation by Washington County in the Counties Transportation Improvement Board (CTIB). STAFF REPORT: City staff has prepared the attached Resolution No. 2011-006 for Council consideration. Also attached is a similar resolution recently passed by the City of Newport. RECOMMENDATION: It is recommended that the City Council consider Resolution No. 2011-006, supporting Washington County's continued participation in the Counties Transportation Improvement Board (CTIB), as requested by the Gateway Corridor Commission. Should Council wish to approve such, the specific motion suggested is as follows: "Move to Approve Resolution 2011-006 expressing support for Washington County's continued participation in the Counties Transportation Improvement Board (CTIB)." -- page 1 -- City Council Meeting March 1st, 2011 Consider Resolution No, 2011-006 Re: Washington County Participation in CTIB Regular Agenda Item #8 Alternatively, the City Council does have the authority to further discuss, deliberate and modify the draft Resolution prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to Approve Resolution 2011-006 expressing support for Washington County's continued participation in the Counties Transportation Improvement Board (CTIB), as presented [and modified] herein." ATTACHMENTS: 1. Draft Resolution No, 2011-006 2. City of Newport, MN Resolution 2011-2 SUGGESTED ORDER OF BUSINESS: Introduction of Item ....... ..... ............. Mayor Dean Johnston Questions from Council Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion Mayor & City Council Discussion . ....... ...,....., ......... ..... ...................... ..... ........._ ........ Mayor Facilitates Action on Motion „...,.„.., ..... , .................... _____ Mayor & City Council --page2-- CITY OF LAKE ELMO RESOLUTION NO. 2011-006 A RESOLUTION SUPPORTING WASHINGTON COUNTY'S CONTINUED PARTICIPATION IN THE COUNTIES TRANSPORTATION IMPROVEMENT BOARD (CTIB) QUARTER -PERCENT SALES TAX WHEREAS, Washington County is currently a participating member of the Counties Transit Improvement Board (CTIB); and WHEREAS, CTIB is generating approximately $89,000,000 per year for transitway development within the Metropolitan Transportation Area; and WHEREAS, Washington County is guaranteed 3% of the total revenues generated for each of the years 2010, 2011, 2012, and 2013; WHEREAS, Washington County has previously allocated $553,950 of CTIB grant funds towards the Gateway Corridor Alternatives Analysis; and WHEREAS, the City of Lake Elmo is a member of the Gateway Corridor Commission and is participating in the Alternatives Analysis study; and WHEREAS, the City of Lake Elmo supports a strong transportation system which is a fundamental requirement for quality job growth, business development and residential quality of life. NOW, THEREFORE, BE IT RESOLVED, that the City of Lake Elmo HEREBY supports continued CTIB participation of collecting a quarter -percent sales tax for transit projects in Washington County. ADOPTED by the City Council of the City of Lake Elmo this 1s1 day of March, 2011, Dean A. Johnston, Mayor ATTEST: Bruce A. Messelt, City Administrator RESOLUTION NO. 2011-2 A RESOLUTION SUPPORTING WASHINGTON COUNTY'S CONTINUED PARTICIPATION IN THE COUNTIES TRANSPORTATION IMPROVEMENT BOARD (CTIB) QUARTER -PERCENT SALES TAX WHEREAS, the City of Newport has worked diligently with Washington County and the Red Rock Corridor Commission to procure property for a Light Rail Transit Station in Newport and neighboring cities along the Red Rock Corridor; and WHEREAS, Washington County has utilized CT1B funding to acquire the $2,55m Light Rail Transit Station site in Newport in 2010; and WHEREAS, the City of Newport rezoned a portion of the City in its Comprehensive Land Use Plan based around the Light Rail Transit Station project; and WHEREAS, the City of Newport is depending heavily on redevelopment that would be stimulated by a Light Rail Transit Station in the City; and WHEREAS, the CITB funding would contribute $1,057,500 towards the design and construction of the Newport Transit Station Funding; and WHEREAS, CTIB funding was established in 2008 by the State Legislature as a solution for providing transit funding, along with controls of those funds, to Counties for transitways and park-n-rides, operations, and engineering for the metro area; and WHEREAS, CTIB has funded and will continue to fund $13m work of transit projects throughout Washington County; and WHEREAS, the City of Newport encourages its local County Commissioner to support the CTIB quarter -percent sales tax and to continue to work the cities within Washington County; and NOW, THEREFORE, BE IT RESOLVED That the Newport City Council HEREBY supports continued CTIB participation of collecting a quarter -percent sales tax for transit projects in Washington County. Adopted this 3Td day of February 2011, by the Newport City Council, Vote: Brian d ', dministra Geraghty Aye Ingemann Aye Sumner Aye Gallagher Aye Rahn Ave Signed: (.4.e.. Tirfi Geraghty, AY013 (SCQUNCIL COMMUNICATIOA DATE: REGULAR ITEM #: MOTION 3/01/2011 9 AGENDA ITEM: Consider Proposed 2011Accounting Services Contract, as Amended SUBMITTED BY: Bruce A. Messelt, City Administrator THROUGH: 2010 Budget/Finance Subcommittee REVIEWED BY: Tom Bouthilet, Finance Director SUMMARY AND ACTION REOUESTED: It is respectfully requested that the City Council review and consider the 2011 Accounting Services Contract with C&J Consulting Services, including a proposed Amendment for certain additional services. The recommended motion to amend this contract is: "Move to approve the 2011 Accounting Services Contract with C&J Consulting Services, as amended to include a second hourly rate of $50 per hour for certain higher -level, project -specific activities, as identified herein." BACKGROUND INFORMATION: The original contract for Accounting Services was unanimously approved by the City Council in July 2009, and subsequently approved for continuation in 2010. At its February 1st, 2011 City Council meeting, during its discussion of City Policy regarding external contracts, the City Council reaffirmed continuation of all financial services contracts for 2011 (assuming normal termination/change options), but directed that a review be completed in the lst quarter of 2011 regarding roles, duties and responsibilities of those involved in the City's Finance Department and related functions. In addition, City staff, contracted service providers and the Budget and Finance Subcommittee have identified certain issues and considerations regarding financing and billing activities warranting additional analysis and attention. In discussion with C & J Consulting Services, it is apparent that such effort falls beyond the scope of the current contract and, as such, should be considered within the context of an amendment to the 2011 contract. STAFF REPORT: City staff has reviewed the current contract and recommends approval of an amended 2011 contract for Accounting Services, to authorize and allow the Contractor (C & J -- page 1 -- City Council Meeting Consider Proposed 2011Accounting Servict— Contract, as Amended March 1st, 2011 Regular Agenda Item # 9 Consulting Service) to undertake project -specific, higher -level activities on behalf of the City and in order to make identified improvements. These include the following: Address surface water billing considerations for vacant and agricultural classifications; Address surface water appeals considerations; • Address sewer billing considerations for 201 systems; and • Address water billing considerations regarding zero -meter readings and bulk water billing. These represent specific projects your staff and Contractor have identified as high priority and likely to achieve significant financial return for the initial costs of the Contractor's efforts. However, to undertake these, the Contractor should be adequately compensated and has suggested a $50 per hour rate, versus the $25 per hour they are compensated for data and entry and standard support services. Additional projects may be identified and presented to the Budget & Finance Subcommittee for their review, consideration and presentation to the full Council RECOMMENDATION: It is recommended that the City Council review and consider the 2011 Accounting Services Contract with C&J Consulting Services, including a proposed Amendment for certain additional services. The recommended motion to amend this contract is: "Move to approve the 2011 Accounting Services Contract with C&J Consulting Services, as amended to include a second hourly rate of $.50 per hour for certain higher -level, project -specific activities, as identified herein." Alternatively, the City Council does have the authority to not take action, table this item at its discretion for future consideration, or amend the recommended action. The suggestion motion for the latter action is as follows: "Move to approve the 2011 Accounting Services Contract with C&J Consulting Services [as amended at tonight's meeting]. ATTACHMENTS: Proposed 2011 Accounting Services Contract SUGGESTED ORDER OF BUSINESS: Introduction/Presentation of Item City Administrator Discussion Mayor & City Council Public Input, if Appropriate ....... Mayor Facilitates Call for Motion, if Appropriate............. ...... .......... . ...... Mayor & City Council Discussion ....„ ...... . ....... Mayor Facilitates Action on Motion Mayor & City Council -- page 2 -- A YOR: & (-;qulygIL commyN., DATE: 3/01/2011 REGULAR ITEM #: 10 MOTION AGENDA ITEM: Authorize Solicitation and Contracting for Professional Services for Organizational- and Personnel -Related Matters SUBMITTED BY: Bruce A. Messelt, City AdministratorS THROUGH: 2010 Personnel Subcommittee REVIEWED BY: Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: It is respectfully requested that the City Council affirmatively consider the recommendation of the Personnel Subcommittee to authorize the City Administrator to solicit bids and contract for Professional Services at address certain organizational- and personnel -related matters. The suggested motion to undertake this consideration is: "Move to authorize the City Administrator to solicit bids and contract for Professional Services at address certain organizational- and personnel -related matters, as identified by the Personnel and Budget/Finance Subcommittees." BACKGROUND INFORMATION: The 2010 Personnel and Budget/Finance Subcommittees have identified certain organizational- and personnel -related matters that require addressing but which fall beyond the scope and expertise of current City staff. As such, the Personnel Subcommittee has specifically recommended the City Administrator seek outside Professional Services to address these considerations. Such outside Professional Services will also aid the City in addressing certain organizational - and personnel -related matters also raised by the 2010 Budget/Finance Subcommittee and the City Council, as a whole regarding a mandated assessment and review of the City's Finance Department and its related functions. STAFF REPORT: City staff has received the recommendations from the Personnel Subcommittee and Budget/Finance Subcommittee and its forwarding these for Council consideration at tonight's meeting, including Agenda Item #9 and Agenda Item #10. It is -- page 1 -- City Council Meeting March 1st, 2011 Aut1ioriz. ofessioiiaI Services for Organizational- and PL_Jpimel-Related Matters Regular Agenda Item # 10 recommended that certain efficiencies and economies can be achieved through utilization of outside Professional Services to address with the Subcommittees and City staff the identified matters. City staff will follow applicable City policies in soliciting a minimum of three bids for such services prior to executing any limited -duration (scope and maximum expenditure) contract. RECOMMENDATION: It is recommended that the City Council affirmatively consider the recommendation of the Personnel Subcommittee to authorize the City Administrator to solicit bids and contract for Professional Services at address certain organizational- and personnel - related matters. The suggested motion to undertake this consideration is: "Move to authorize the City Administrator to solicit bids and contract for Professional Services at address certain organizational- and personnel -related matters, as identified by the Personnel and Budget/Finance Subcommittees." Alternatively, the City Council does have the authority to not take action, table this item at its discretion for future consideration, or amend the recommended action. The suggestion motion for the latter action is as follows: "Move to authorize the City Administrator to solicit bids and contract for Professional Services at address certain organizational- and personnel -related matters, as identified by the Personnel and Budget/Finance Subcommittees [and as directed at tonight's meeting]." A I I ACHMENTS: None SUGGESTED ORDER OF BUSINESS: Introduction/Presentation of Item ................ ..... „.........Mayor Johnston Discussion Mayor & City Council Public Input, if Appropriate Mayor Facilitates Call for Motion, if Appropriate Mayor & City Council Discussion ........ , ................... ...,...... , ...... ..... ........ Mayor Facilitates Action on Motion Mayor & City Council -- page 2 -- A YOR & COUNCILCOMMUN1CATION AGENDA ITEM: SUBMITTED BY: THROUGH; REVIEWED BY: DATE: REGULAR ITEM #: MOTION 3/01/2011 11 Authorization to Prepare for Consideration an Amendment to the City's Storm Water Management Utility Ordinance to Address Calculation of Utility Factor for Agriculturally -Classified Parcels Bruce A. Messelt, City Administrato 2010 Budget/Finance Subcommittee City Staff and Accounting Services Contractors SUMMARY AND ACTION REOUESTED: It is respectfully requested that the City Council affirmatively consider the recommendation of the 2010 Budget/Finance Subcommittee to authorize the City Administrator to prepare for consideration an amendment to the City's Storm Water Management Utility Ordinance to address the calculation of the utility factor for parcels classified as agriculture. The suggested motion to undertake this consideration is: "Move to authorize the City Administrator to prepare for consideration an amendment to the City's Storm Water Management Utility Ordinance to address the calculation of the utility factor for parcels classified as agriculture, as identified by the Budget/Finance Subcommittee." BACKGROUND INFORMATION: The 2010 Budget/Finance Subcommittee has identified certain considerations relating to the current calculation of the utility factor for parcels classified as agriculture under the City's Storm Water Management Utility Ordinance. Existing Ordinance language defines a utility factor of 6 applied to each identified parcel, while current and past billing practice has been to utilize a utility factor of 3 applied to each parcel, based upon a per -acre calculation. Historical research identifies the latter practice of per acre charges to be more equitable (proportionate) to smaller agricultural parcels. However, no historical information is available as to the lower utility factor. It is surmised that a lower utility factor was administratively employed in the past as a means to lesson the impact on large agricultural parcels when the switch to a per -acre charge was made. -- page 1 -- City Council Meeting March 1st, 2011 Authorize Preparation of City Storm Water Management Utility Ordinance Regular Agenda Item # 11 STAFF REPORT: To address these matters, the City should either revert to existing Ordinance provisions or proceed with an Amendment to the City's Storm Water Management Utility Ordinance. City staff has received the recommendations from the 2010 Budget/Finance Subcommittee to address this matter. As such, and given the legitimate equity issues raised in the past, it is recommended that an Amendment to the Ordinance be prepared to codify the current utilization of the per -acre calculation. In doing so, the City Council will also be afforded with options to leave the current utility factor at 3 (via amendment), revert to the existing Ordinance provision of 6, or structure a graduated increase from 3 to 6. It should be noted that mailing of annual storm water bills for 2010, for the vast majority of this classification only, are being held, pending Council direction at tonight's meeting. 2009 storm water bills were sent out in December 2009, RECOMMENDATION: It is recommended that the City Council affirmatively consider the recommendation of the 2010 Budget/Finance Subcommittee to authorize the City Administrator to prepare for consideration an amendment to the City's Storm Water Management Utility Ordinance to address the calculation of the utility factor for parcels classified as agriculture. The suggested motion to undertake this consideration is: "Move to authorize the City Administrator to prepare fir consideration an amendment to the City's Storm Water Management Utility Ordinance to address the calculation of the utility factor for parcels classified as agriculture, as identified by the Budget/Finance Subcommittee." Alternatively, the City Council does have the authority to not take action, table this item at its discretion for future consideration, or amend the recommended action. The suggestion motion for the latter action is as follows: "Move to authorize the City Administrator to prepare for consideration an amendment to the City's Storm Water Management Utility Ordinance to address the calculation of the utility factor for parcels classified as agriculture, as identified by the Budget/Finance Subcommittee [and as directed at tonight's meeting]." ATTACHMENTS: Lake Elmo City Code Chapter 53: Storm Water Management Ordinance -- page 2 -- City Council Meeting March 1st, 2011 uthorize Preparation of City Storin Water Management Utility Ordinance Regular Agenda Item # 11 SUGGESTED ORDER OF BUSINESS: Introduction/Presentation of Item .................... ....... . ..... City Administrator Discussion Mayor & City Council Public Input, if Appropriate ...... ...... ..... Mayor Facilitates Call for Motion, if Appropriate Mayor & City Council Discussion Mayor Facilitates Action on Motion__ ......... ..... Mayor & City Council -- page 3 -- Lake Elmo, MN Code of Ordinances CHAPTER 53: STORM WATER MANAGEMENT UTILITY Section 53.01 General operation 53.02 Surface water management utility equations 53.03 Surface water management fee 53,04 Credits 53.05 Exemptions 53.06 Statement of surface water management charges 53.07 Appeal of fee 53.08 Delinquent payments 53.09 Annual certification of delinquent accounts § 53.01 GENERAL OPERATION. (A) The municipal surface water system shall be operated as a public utility (hereinafter called the surface water management utility), pursuant to M.S. § 444.075, as it may be amended from time to time, from which revenues will be derived subject to the provisions of this Chapter and Minnesota Statutes. (B) In general, revenue from the surface water utility shall be used for preparation of a Surface Water Management Plan, maintenance of existing ditches, culverts, pond, and storm sewers, capital improvement in developed areas, equipment, planning, inventories, and water quality improvements, including weed control. (Ord. 97-122, passed 7-15-2003) § 53.02 SURFACE WATER MANAGEMENT UTILITY EQUATIONS. The utility equation for various land uses to determine the surface water management fees are assigned as follows. Property Class Code 151-208,402 Current Land Use Utility Factor Residential 1.0/Lot American Legal Publishing Corp, Lake Elmo, MN Code of Ordinances Property Class Code Current Land Use Utility Factor 101-111, 461 Agricultural 6.0/Parcel 210 Manufactured Home Park 0.52/Acre 230, 231, 233-241 Commercial/Industrial 3.08/Acre 250-252 Vacant Land 0.15/Acre 232 Golf/Park 0.35/Acre 900-999 School/Church 1.12/Acre Conditional Use Permit Site Specific (Ord. 97-122, passed 7-15-2003) § 53.03 SURFACE WATER MANAGEMENT FEE. Surface water management fees shall be established for a period of time as set by City Council resolution. (Ord. 97-122, passed 7-15-2003) § 53.04 CREDITS. The Council may adopt policies, by resolution, for adjustment of the surface water management fees. Inforination to justify a fee adjustment must be supplied by the property owner. The adjustments of fees shall not be retroactive, unless provided within the resolution. Credits will be reviewed annually by city staff. (Ord. 97-122, passed 7-15-2003) § 53.05 EXEMPTIONS. The following land uses are exempt from the surface water management fee: American Legal Publishing Corp. 2 Lake Elmo, MN Code of Ordinances (A) Public right-of-way; (B) Parks; (C) Lakes; and (D) Railroad property. (Ord. 97-122, passed 7-15-2003) § 53.06 STATEMENT OF SURFACE WATER MANAGEMENT CHARGES. Statements for the preceding yearly surface water management service shall be mailed to each customer on or before March 5. (Ord. 97-122, passed 7-15-2003) § 53.07 APPEAL OF FEE. (A) If a property owner or person responsible for paying the surface water management fee believes that a particular assigned fee is incorrect, the person may request that the fee be recomputed. (B) Appeals will be heard by the Council once a year in accordance with the schedule established for credit applications, in established city policy. (Ord. 97-122, passed 7-15-2003) § 53.08 DELINQUENT PAYMENTS. A penalty equal to $5 or 10°A of the amount due, whichever is greater, shall be added to accounts not paid in full on or before May 1. (Ord. 97-122, passed 7-15-2003) § 53.09 ANNUAL CERTIFICATION OF DELINQUENT ACCOUNTS. (A) Each year the city staff shall prepare a list of delinquent surface water management service charge accounts, including accrued penalties thereon, in the form of an American Legal Publishing Corp. Lake Elmo, MN Code of Ordinances asses 'lent roll. (B) On or before October 1 of each year, the City Council shall review the delinquent surface water management service charge assessment roll and adopt an appropriate resolution directing that the assessment roll be certified to the County Auditor as a lien against the premises served and directing that the County Auditor collect the assessment as part of the ensuing year's tax levy. (Ord. 97-122, passed 7-15-2003) American Legal Publishing Corp. 4 City of Lake Elmo 3800 Laverne avenue North March 1, 2011 7:00 p.rn. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ATTENDANCE: Johnston Pearson Emmons Park Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do 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 the February 15, 2011 City Council Minutes, 2. Accept the February 17, 2011 Special City Council Minutes, H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes. I. CONSENT AGENDA: (Items are placed on the consent agenda by City staff and the Mayor because they are not anticipated to generate discussion. Items may be removed at City Council's request. 3. Approve payment of disbursements and payroll J. REGULAR AGENDA; 4. Firefighters Relief Association Drawing 5. 4-H Funding Request 6. Rezoning Map Amendment: Rezoning of Two Properties off of 27th Street 7. Reconsideration of Sub -Committee Assignments K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) Mayor and City Council Administrator Planning Director L. Adjourn ** A social gathering may or may not be held at the Lake Elmo Inn following the meeting. ** DRAFT City of Lake Elmo City Council Minutes February 15, 2011 Mayor Johnston called the meeting to order at 724 p.m. PRESENT: Mayor Johnston and Council Members Ernmons, Park, Pearson, Smith. Also Present: Administrator Messelt, City Engineer Griffin, Attorney Snyder, Planners Klatt and Matzek, Finance Director Bouthilet and Recording Secretary Luczak APPROVAL OF AGENDA: MOTION: Council Member Smith moved to approve the Agenda as amended. Council Member Pearson seconded the motion. The motion passed 5-0. ACCEPTED MINUTES: The January 25, 2011, City Council minutes were accepted as amended by the City Council by consensus. PUBLIC COMMENTS/INQUIRIES: NONE. CONSENT AGENDA: MOTION: Council Member Park moved to approve the Consent Agenda. Council Member Pearson seconded the motion. The motion passed 5-0. Approve payment of disbursements and payroll in the amount of $167,657,90. Authorize TKDA to prepare Plans and Specifications and provide Construction Phase Services for the 2011 Seal Coat Project in the amount of $12,500. REGULAR AGENDA; PUBLIC HEARING: Rezoning Map Amendment: Rezoning of two properties off of 27th Street from Rural Residential to R-1. City Planner Matzek reviewed the details of the application for the Zoning Map Amendment to the Council along with the Planning Commission's recommendation to approve the application with modified conditions from the staff report. She stated that rezoning would be in conformance with the Comprehensive Plan and would be in character for the adjacent neighborhoods. LAKE ELMO CITY COUNCIL MINUTES February 15, 2011 DRAFT The City Council discussed rezoning the lots otherwise considered unbuildable due to minimum lot size requirements. They further discussed accessing the potential new homes from either the existing driveway off of 28th Street or creating a new joint driveway to access from 286 Street, the potential building site on the northern property, the Valley Branch Watershed District maintenance of the culvert and flooding concerns Public Hearing opened at 8:16 p.m. Amanda Klecker, 8920 27th St. N., Lake Elmo, does not support the rezoning as her property value will decrease by the construction of a new home directly to the east. She said they will lose their scenic views and backyard privacy. When she purchased her home, she was told the abutting property was not buildable, Terry Arends, 8815 27th St. N., Lake Elmo, attended the February 8, 2011, Planning Commission meeting and questioned why the City was pushing to build, and said the culvert always floods. Bob Clark, representing potential landowners, stated they have met with the Planning Commission and provided the necessary information to support the request for rezoning of the two properties. Jon Duerscherl, 1017 Charlton St., West St. Paul, potential owner of the properties, stated he does not want to spend additional money to put in a new driveway as the existing slopes off of 27th Street would make it more difficult and expensive. Public Hearing closed at 8:32 p.m. The City Council discussed the separation between the existing home and potential future home on the northern lot and flooding concerns associated with Raleigh Creek at the culvert located under the existing driveway. MOTION: Council Member Smith moved to table the application until the March 1, 2011, City Council meeting. Council Member Park seconded the Motion. Motion passed 5-0. Update on Discussions Regardine Location of the ECFC in Lake Elmo City Administrator Messelt was given direction in August 2010 to engage the City in discussions with the Early Childhood Education Family Center (ECFC), which originally began in 2006. Potential sites were offered in November 2010, December 2010 and January 2011 for the District to build upon. Options were a possible dual use Joint Power Agreement with extending sewer to the area, the City to purchase the land to be leased to the District, or assist the LAKE ELMO CITY COUNCIL MINUTES February 15, 2011 2 DRAFT District with purchasing of the land. A possible purchase option of the identified properties, and bonding considerations for the addition of sewer was also discussed. MOTION.' Council Member Smith moved to direct the City Administrator to proceed with the Joint Powers Agreements and Purchase Option in preparation for the Special City Council Meeting scheduled fbr February 17, 2011. Mayor Johnston seconded the motion, Motion passed 5-0, Approve Budget Adiustment/Desianation and Donation for Maintenance of Historic District 12 School House City Administrator Messelt informed City Council the 2010 contribution was $500, and recommended the Council be consistent. The District 12 School 1-louse is located in Oakdale, of which the City of Lake Elmo was once part. City Council stated it is a worthy enterprise, but should not be perceived as an ongoing charity with taxpayers money. While the project does preserve the history City Council cannot guarantee future funding. Attorney Snyder recommended project fundraising as an option. MOTION: Council Member Park moved to approve Budget Adjustment 2011-001 in the amount of $500.00 from Mayor and Council Discretionary to Oakdale Lake Elmo Historical Society, Council Member Emmons seconded the motion. Motion passed 4-1: (Council Member Pearson recommended more conservative use with Discretionary Funds) City Council Reports Council Member Emmons attended the Gateway Corridor meeting which discussed the alternate transportation options of bus, light rail down the middle of 1-94, or commuter rail utilizing the Union Pacific right -of way. Council Member Smith informed the community that District 834 had selected the "red option" for the changed school boundaries. For more information, please check the District's website. Mayor Johnston attended the Regional Mayor's meeting. A careful approach is being taken as to the strengths of regional recovery; economy is optimistic. Legislature is currently reviewing variances in cities. City Engineer Griffin reported that residents of Kirkwood Avenue have been noticed about an upcoming neighborhood meeting- discussing options of street maintenance on Wednesday, February 23, 2011, 5:30 pm, at City Hall, LAKE ELMO CITY COUNCIL MINUTES February 15, 2011 DRAFT • Planning Director Klatt stated the exterior storage and exterior buildings ordinance would be addressed this spring. Also available for new Planning Commission members are classes through Government Training Services (GTS), Administrator Messelt thanked the City's ECFC Subcommittee of Council Member Pearson, Council Member Smith, Attorney Snyder and Engineer Griffin for participating in the technical discussions, An Executive Session had been held immediately after the City Council Workshop Tuesday, February 15, 2011, to discuss finance options and negotiations for possible purchase of land by the City. No legislative agenda to pursue, An Open House was scheduled for Wednesday, February 16, 2011, 4:30 pm-6:30 pm for the proposed ECFC in Lake Elmo, Local Board of Review April 27, 2011, 5:00 pm — 7:00 pm. Meeting adjourned 9:09 p,m. Respectfully submitted by Carole Luczak, Recording Secretary LAKE ELMO CITY COUNCIL MINUTES February 15, 2011 4 DRAFT City of Lake Elmo City Council Minutes February 17, 2011 Mayor Johnston called the meeting to order at 4:40 p.m. PRESENT: Mayor Johnston and Council Members Emmons, Park, Pearson, and Smith (arrived 4:44 pm). Council Members Park and Smith departed at 6:05 p.m, Also Present: Administrator Messelt, Engineer Griffin, Attorney Snyder, Planner Klatt, Finance Director Bouthilet and Recording Secretary Luczak, AGENDA Mayor Johnston read and the City Council unanimously accepted the proposed Agenda, City Administrator Messelt presented the two options for consideration regarding the Early Childhood Education Family Center (ECFC) and provided an update from the previous City Council meeting about the ECFC. He then proceeded with a global update. The two items discussed were the proposed Joint Powers Agreement(s) (JPA), with the District and the purchase option of the identified properties, The original option was for the City to buy the land and lease it to the District. The second option was for the District to purchase the land via transfer of the City's option, and the City waive the WAC and SAC fees. Resolution No. 2011-007A is the Joint Powers Agreement (JPA) with the District for the Location of an ECFC in the City of Lake Elmo, with ultimate ownership of the land by the District. Resolution No. 2011-007B would have the City exercise the Purchase Option and lease the property to the District for $1.00/year, and the District pay the WAC and SAC fees. Mayor Johnston stated the option of the District purchasing the land had been presented to the District within the last 24 hours and Assistant Superintendent Queener could obviously not speak for the School Board that evening. City Council discussed issues if the District were to reject District ownership of the property. Attorney Snyder stated that District ownership would eliminate potentially complicated legal issues. Resolution No. 2011-008 is a proposed Purchase Option for the property owned by Lake Elmo Business Park Company for locating an ECFC in Lake Elmo. DRAFT David Moore, 8681 Stillwater Blvd., questioned the initial investment, fast track project, cost overrun, taxes and how will the City pay for this project. Deb Krueger, 4452 Lake Elmo Ave. N., stated her support for the proposed project, Additional information regarding the financing is available. MOTION: Mayor Johnston moved to adopt Resolution No. 2011-007B approving a Joint Powers Agreement with ISD 834 for the Location of an Early Childhood and Family Center in the City of Lake Elmo. Council Member Park seconded the motion, Council Member Park suggested adding to the motion that the City is really interested in No. 2011-007A which provides school district purchase of the property, and the city waiving the sewer and water connection charges. MOTION: Council Member Emmons moved to amend the Motion that the City communicate to the district that the City prefers the purchase alternative and request the school board provide that alternative strongest consideration. Council Member Park seconded the motion. Council discussed the financial obligations, extra responsibilities if leased, terms negotiated, alternatives, and the necessary affirmation from the City. The Mayor also stated that the purchase alternative had only been presented to the District within the past 24 hours and Assistant Superintendent Queener probably could not speak for the School Board regarding the alternate option. Council Members Park and Emmons respectively withdrew their motion and second to amend. MOTION: Council Member Pearson moved to make a substitute Motion to approve Resolution No. 2011-007A approving a Joint Powers Agreement with ISD 834 for the Location of an Early Childhood and Family Center in the City of Lake Elmo, with ownership by the District. Council Member Smith seconded the motion. MOTION: Council Member Park moved to amend the previous motion to allow the City to proceed with the approval of Resolution No. 2011-007B, should the District not concur with the purchase alternative, provided there are no outstanding legal issues with the lease alternative. Council Member Pearson seconded the motion to amend. The Motion to amend passed 5-0. The original Motion, as amended, then passed 5-0, City Administrator Messelt requested Council and legal clarification regarding whether it would be necessary to return for Council action should the board not concur with the purchase alternative. The Council and Attorney agreed it would not be necessary. 2 DRAFT Consideration of Resolution No. 2011-008 Revardina a Proposed Purchase Option (PO) for Property Owned by Lake Elmo Business Park Company for locatin2. an Early Childhood Education Family Center in Lake Elmo City Administrator Messelt stated the resolution provides for the authorization for the execution of the Purchase Option if necessary. MOTION: Mayor Johnston moved to adopt Resolution No. 2011-008 regarding a proposed Purchase Option (PO) for property owned by Lake Elmo Business Park Company for locating an Early Childhood Education Family Center in Lake Elmo. Council Member Park seconded the motion. Motion passed 5-0. REPORTS AND ANNOUNCEMENTS: Council Member Emmons attended the Gateway Corridor Commission and stated the options selected to review were bus, light rail on the 1-94 Corridor, and commuter rail shared by Union Pacific in their right of way easement, City Administrator Messelt discussed the City's out-of-state travel policy, Direction was to discuss each case individually. Reminded City Council about City Council Retreat at Wildwood Lodge, Lake Elmo, on February l9th (pm) and 20th (am), 2011. Public welcome to attend. The meeting was adjourned at 6:12 p.m. Respectfully submitted by Carole Luczak, Recording Secretary Resolution No. 2011-007A: Joint Powers Agreement with ISD 834 for the Location of an Early Childhood and Family Center in the City of Lake Elmo. (City Purchase Option and assignment of Option to District) Resolution No. 2011-007B: Joint Powers Agreement with ISD 834 for the Location of an Early Childhood and Family Center in the City of Lake Elmo, (City Purchase Option and lease to District) Resolution No. 2011-008: Purchase Option with Lake Elmo Business Park for the Location of an Early Childhood and Family Center in the City of Lake Elmo. CITY OF LAKE ELMO MAYOR & COUNCILCOMMUNICATION DATE: 03/01/2011 CONSENT ITEM #: 3 MOTION as part of Consent Agenda AGENDA ITEM: Approve Disbursements in the Amount of $ 354,065.89 SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrator REVIEWED BY: City Staff SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is respectfully requested to approve disbursements in the amount of $354,065.89 No specific motion is needed, as this is recommended to be part of the 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 summary of current claims to be disbursed to be paid in accordance with State law and City policies and procedures. I Claim # I ACH I ACH I ACH DD3263 — DD3277 36791 — 36795 36796 — 36799 36800 — 36835 Amouitif 6,904.18 1,233.46 4,042.46 21,762.44 2,905.59 $ 248,300.82 $ 68,916.94 TOTAL $ 354,065:89 Dentiption Payroll Taxes to IRS 02/24/2011 Payroll Taxes to MN Dept. of Revenue 02/24/2011 Payroll Retirement to PERA 02/24/2011 Payroll Dated 02/24/2011 (Direct Deposit) Payroll Dated 02/24/2011 Accounts Payable Dated 03/01/2011 (FY 2010) Accounts Payable Dated 03/01/2011 (FY 2011) -- page 1 City Council Meeting Approval of Disbursements March 1st, 2011 Consent Agenda Item #3 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 $354,065.89 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 March 1st, 2011, payable 2010 & 2011, Disbursement, as Presented [and modified] herein." ATTACHMENTS: 1. Accounts Payable Dated 03/01/2011 SUGGESTED ORDER OF BUSINESS (if removed from the Consent ileenda): 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: 02/24/201} - 12:22 PM Batch: 012-12-2010 Invoice # Inv Date ANCOM ANCOM COMMUNICATIONS, INC. 19856 01/11/2011 410-480-8000-45800 Other Equipment 19856 Total: 20547 02/0712011 410-480-8000-45800 Other Equipment 20547 Total: 20735 02/17/2011 410-480-8000-45800 Other Equipment 20735 Total: ANCOM Total: ASPENMI Aspen Mills. Inc. 105733 02/16/2011 101-420-2220-44170 Uniforms 105733 105734 02/16/2011 101-420-2220-44170 Uniforms 1 05734 105735 02/16/2011 101-420-2220-44170 Uniforms 105735 105736 02/16/2011 101-420-2220-44170 Uniforms 105736 105737 02/16/2011 101-420-2220-44170 Uniforms 105737 105738 02/16/2011 101-420-2220-44170 Uniforms 105738 ASPENMI Total: Total: Total: Total: Total: Total: Total: Z. 0 / 0 Amount Quantity Prat Date Description Reference 2,955.09 2,955.09 682.00 682.00 1,612.22 1,612.22 5,249.31 0.00 03/01/2011 Radio headsets for E2 0.00 03/01/2011 Radio for CV2 0.00 03/01n011 Headset install E2 34.50 0.00 03/01/2011 Uniform Pants 34.50 29_60 0.00 03/01/2011Nametags collar hardware 29.93 0.00 03/01/2011 Nametags 88.89 0.00 03/01/2011 Class A Items 68.50 0.00 03/01/2011 Class A Shoes 448.99 0.00 03/01/2011 Class A Uniforms 29.60 29.93 38.89 68.50 448.99 700.41 Task Type PO # C/ose POL1ne No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (02/24/11 - 12:22 PM) Page 1 Invoice # IBS Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # LMCIT Cities Insurance Trust League of M 11074450 02/13/2011 500.00 0.00 03/01/2011 Insurance deductible on claim - No 0000 601-494-9400-43610 Insurance 11074450 Total: 500.00 LMC!T Total: 500.00 WAS-SHER Washington County 68633 0.3[16/2011 241,851.10 0.00 03/01/2011 Law Enforcement Svc Jan 2010-Ciec No 0000 101-420-2100-43150 Law En Forcement Contract 2010 68633 Total: 241,351.10 WAS-SHER Total: 241,851.10 Report Total: 248,300.82 AP - To Be Paid Proof List (1)2/24/11 - 1).:22 PM) Pag Accounts Payable To Be Paid Proof List User: Joan z Printed: 02/2442011 - 12:28 PM Batch: 005-02-2011 Invoice ft Inv Date Amount Quantity Ptnt Date Description Reference Task Type PO # Close POL1ne # ACEHARD Ace Hardware. Inc 103585 02/18/2011 22.82 0.00 03/01/2011 Electrical Supplies No 0000 101-430-3120-42210 Equipment Parts 103585 Total: 22.82 ACEHARD Total: 22.82 AMERICAN American Eng and Testing. Inc. 50423 03/18/2011 9,350.80 0.00 03/01/2011 Geotech report for S of 10th St Gravity 413-480-8000-43030 Engineering Services 50423 Total: 9,350.80 AMERICAN Total: 9,350.80 No 0000 ARAM Aramark, Inc. 629-7179436 02110/2011 21.29 0.00 03/01/2011 Uniforms No 0000 101-430-3100-44170 Uniforms 629-7179436 Total: 21,29 629-7184156 02/17/2011 21,29 0.00 03/01/2011 Uniforms - No 0000 101-430-3100-44170 Uniforms 629-7184156 Total: 21,29 ARAM Total: 42.58 CARQUEST Car Quest Auto Parts 2055-214158 02/14/2011 34.37 0.00 03/01/2011 Electrical Par No 0000 101-430-3120-42210 Equipment Parts 2055-214158 Total: 34.37 2055-214535 02/18/2011 9.81 0.00 03/01/2011 Push Button No 0000 101-430-3120-42210 Equipment Parts 2055-214535 Total: 9.81 CARQUEST Total: 44.1 8 AP - To Be Paid Proof List (02/24111 - 12:28 PM) Page 1 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # COMPENSA Compensation Consultants, Ltd 02116/2011 02/16/2011 40.00 0.00 03/01/2011 Monthly Admin Fee - February 2011 No 0000 101-410-1320-44300 Miscellaneous 02/16/2011 Total: 40.00 COMPENSA Total: 40.00 CTYBLOOM City of Bloomington January 2011 01/31/2011 601-494-9400-42270 Utility System Maintenance January 2011 Total: CTYBLOOM Total. 100.00 0.00 03/01/2011 Lab Bacteria Tests 100.00 100.00 No 0000 EMERGAPP Emergency Apparatus Iviaint. INC 53524 02/09/2011 1,077.77 0.00 03/01/2011 Repairs to E2 No 0000 101-420-2220-44040 Repairs/Maint Eqpt 53524 Total: 1,077.77 EMERGAPP Total: 1,077.77 ENVENTIS ENVENTIS 737500 02/1 /2011 452.41 0.00 03/01/2011 Telephone/Data Service - PW Feb - No 0000 101-430-3100-43210 Telephone 2011 737500 Total: 45/.41 ENVENTIS Total: 452.41 ERA MUSK ERA MUSKE Chk Req 02/24/2011 603-000-0000-37100 Surface Water Utility Sales Chk Req Total: ERA MUSK Total: FXL FXL, Inc. March 2011 02/24/2011 101-410-1320-43100 Assessing Services March 2011 Total: FXL Total: 40.00 0.00 03/01/2011 Refund SW payment made in error 4d.00 40.00 2,000.00 0.00 03/01/2011 Assessing Services - March 2011 2,000.00 2,000.00 GARELICK Garelick Steel Co, Inc 196159 02/14/2011 14,70 0.00 03/01/2011 Steel 101-430-3100-42210 Equipment Parts 196159 Total: /4.70 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (02/24/11 - 12:28 PM) Page 2 Invoice 4 Inv Date Amount Quantity Pmt Date Description Reference GARELICK Total: 14.70 HEATH Heath Richard & Betty 02/16/2011 02/16/2011 803-000-0000-22900 Deposits Payable 02/16/2011 Total: HEATH Total: HOTSY HOTSY EQUIPMENT OF MINNESOTA 37163 02/15/2011 101-430-31C10-44010 Repairs/Maint Bldg 37163 Total: HOTSY Total: 188.92 0.00 03/01/2011 Escrow Account Reimb 188.92 188.92 123.79 0.00 03(01/2011 Wash Bay Hose 123.79 123.79 Task Type PO # Close POLine # No 0000 No 0000 INTERSTA Interstate All Battery Crr 38870 02/14/2011 57.77 0.00 03/01/2011 Replacement Batteries for Flashlights No 0000 101-420-2220-42400 Small Tools & Equipment 38870 Total: 57.77 38936 02/18/2011 220.77 0.00 03/01/2011 Rebuild batteries for Power Tools No 0000 T01-420-2220-44040 RepairslIVIaint Eqpt 38936 Total: 220.77 INTERSTA Total: 278.54 MENARDSO Menards - Oakdale 45256 02/10/2011 45.79 0.00 03/01/2011 Cleaning hose, nozzle, mats and No 0000 101-430-3100-42150 Shop Materials bungee 45256 Total: 45.79 MENARDSO Total: 45.79 MFRA McCombs Frank Roos Assoc Inc. 10/01/2010 10/01/2010 101-410-1910-43150 Contract Services 10/01/2010 Total: MFRA Total: 45.00 0.00 03/01/2011 General Planning Assistance 45.00 45.00 No 0000 MINDSPAC Mindspace, Inc. S20100664 02/15/2011 192.25 0.00 03/01/2011 Traffic Cones No 0000 101-420-2220-42400 Small Tools & Equipment S20100664 Total: 192.25 AP - To Be Paid Proof List 1,02/24/1 1 - 12:28 PM) Page 3 Invoice # Inv Date MINDSPAC Total: MUNICI-P Munici-Pals 02/24/2011 02/24/2011 101-410-1320-44330 Dues & Subscription 02/24/2011 Total: MUNICI-P Total: NATFC NATIONAL FIRE CODES 02(11/2011 02/11/2011 101-420-2220-44330 Dues & Subscriptions 02/1112011 Total: NATFC Total: NATREPRO National Reprographics, LLC 70005 02/24/2011 101-410-1910-42030 Printed Forms 70005 Total: NATREPRO Total: NEXTEL Nextel Communications 761950227-094 02/14/2011 101-410-1940-43210 Telephone 761950227-094 02/1412011 101-420-2220-43210 Telephone 761950227-094 02/14/2011 101-420-2400-43210 Telephone 761950227-094 02/14/2011 101-430-3100-43210 Telephone 761950227-094 02/14/2011 I 01-450-5200-4-3210 Telephone 761950227-094 -Rita]: NEXTEL Total: NORTHTOO HSI3C Business Solutions 56105676 02/15/2011 101-430-3100-42230 Building Repair Supplies 56105676 Total: 563102724 02/15/2011 101-430-3100-42230 Building Repair Supplies 563102724 Total: AP - To Be Paid Proof LiSt (02/24/11 - 12:28 PM) Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 192.25 25.00 0.00 03/01/2011 Munici - Pals Dues 25.00 25.00 925.00 0.00 03/01/2011 Annual Renewal, NFPA codes 925,00 925.00 494.01 0.00 03/01/2011 Printing of Comp Plan Copies 494.01 494.01 85.57 171.04 20.70 59.74 51.83 188,88 388.88 0.00 03/01/2011 0.00 03/01/2011 0.00 03/01/2011 0.00 03/01/2011 0.00 03/01/2011 Ce11 Phone Service -4 Adrnin Cell Phone Service - Fire Dept Cell Phone Service - Building Dept Ce11 Phone Service - Public Works Dept Cell Phone Service - Parks Dept 7.49 0.00 03/01/2011 Quick Coupler 7.49 238.86 238.86 0.00 03/01/2011 Hose Reel and hose No No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 Page 4 Invoice 0 Inv Pate NORTHTOO Total: ONECALL Gopher State One Call 4094 02/11/2011 101-430-3100-43150 Contract Services 4094 Total: ONECALL Total: PLANTH PLANT HEALTH ASSOCIATES, INC 1037-11 02/23/2011 I 01-430-3250-43150 Contract Services 1037-11 Total: PLANTH Total: PRESSA Anastasia Press 02/09/201 1 02109/2011 101-410-1450-43620 Cable Operations 02/09/2011 02/09/2011 101-410-1450-43620 Cable Operations 02/09(2011 Total: 02/17/2011 02/24/2011 101-410-1450-43620 Cable Operations 02./17/2011 02/24/2011 I 01-410-1450-43620 Cable Operations 02/17/2011 Total: PRESSA Total: RUD Prince -Rod Diane 02/21/2011 02/21/2011 101-410-1940-44010 Repairs/Maint Contractual Bldg 02/21/2011 02/21/2011 101-420-2220-44010 Repairs/Maint Bldg 02/21/2011 Total: RUD Toial: S&T S&T Office Products, Inc. 010L2257 02/08/2011 101-410-1320-42000 Office Supplies 0101.2257 Total: 010L2352 02108/2011 101 -di 0- t320-42000 Office Supplies AP - To Be Paid Proof List (02/24(11 - 12:28 PM) Amount Quantity Pon Date Description Reference 246.35 100.00 0.00 03(0112011 Annual hlembership Dues 100.00 100.00 900.00 0.00 03/01/2011 Forester Services Jari-Feb 2011 900.00 900.00 41.25 0.00 03101/2011 Council Workshop 2/8/1 I Mtg 55.00 0.00 03/01/2011 PZ Meeting 2/9/11 Mtg 96.25 41..25 000 03/01/2011 Cabled CC Workshop 2/15/2011 55.00 0:00 03/01/2011 Cabled Special CC tvleeting 2/17/2011 96.25 192.50 320.00 0.00 03/01/2011 Cleaning Ciry Hall & Annex 240.00 0.00 03/01/2011 Cleaning Fire Hall 560.00 560.00 7.50 0.00 03/01/2011 Office Supplies 7.50 13.61 0.00 03/91/2011 Office Supplies Task Type PO # Close POLine No No No No No No No NU No 0000 0000 0000 0000 0000 0000 0000 ONO 0000 0000 Page 5 Invoice # Inv Date 010L2352 Total: 010L6188 02/16/2011 101-410-1320-42000 Office Supplies 010L6I 88 Total: S&T Total: SACHSJIM James Sachs Chk Reg 02/14/2011 101-430-3100-44170 Uniforms Chk Req Total: SACHSJIM Total: SAMSCLUB Sam's Club 01/2112011 02/01/2011 101-410-1320-44300 Miscellaneous 01/21/2011 Total: SAMSCLUB Total: TDS TDS METROCOM - LLC 651-779-8882 02/13/2011 101-420-2220-43210 Telephone 651-779-8882 02/13/2011 101-430-3100-43210 Telephone 651-779-8882 02/13/2011 602-495-9450-43210 Telephone 651-779-8882 02/13/2011 601-494-9400-43210 Telephone 651-779-8882 Total: TDS Total: TKDA TKDA, Inc. 002011 000106 02124;2011 203-490-9070-43030 Engineering Services 002011000106 Total: 002011000107 02/24/2011 413-480-8000-43030 Engineering Services 002011000107 Total: 002011000108 02124/2011 413-480-8000-43030 Engineering Services 002011000103 Total: 002011000109 02/24/2011 417-480-8000-43030 Engineering Services AP - To Be Paid Proof List (02/24111 - 12:28 PM) Amount Quantity Pmt Date Description Reference 13.61 8.17 &17 29.28 159.99 159.99 159.99 3.5.00 35.00 35.00 1_62.44 156.17 105.09 42.34 466.04 466.04 531.33 531.33 16.536.04 16,536.04 48.68 48.68 1.53894 0.00 03/01/2011 Office Supplies 0.00 03/01/2 . Boots - Sachs 0.00 03/01/2011 Annual Membership 0.00 0.00 0,00 0,00 03/01/2011 03/0112011 01'01/2011 03/01/2011 Analog Lines - Fire Analog Lines - Public Works Analog Lines - Lift Station Alarins Alarm - Well house #2 0.00 03/01/2011 Development - Whistling Valley Ifl 0.00 03/01/2011 1-94 to 30th Street -Village Sanitary 0.00 03/01/2011 Lake Elmo Area Village Eng. Support 0.00 03/01/2011 Lake Elmo 2010 Street & Water Quality Task Type PO # Close POLine # No No No No No No 0000 0000 0000 0000 0000 0000 0000 No 0000 No 0000 No 0000 No 0000 Page 6 Envoi Inv Date 002011000109 Total: 002011000110 02/24/2011 601-494-9400-43030 Engineering Services 002011000110 Total: 002011000111 02/24/2011 418-480-8000-43030 Engineering Services 002011000111 Total: 002011000112 02'2412011 418-1-80-8000-43030 Engineering Services 002011000112 Total: 002011000113 02124/2011 418-480-8000-43030 Engineering Services 002011000113 Total: 002011000114 0212412011 101-430-3100-43030 Engineering Services 002011000114 02/24/2011 101-410-1930-43030 Engineering Services 002011000114 02124/2011 101-410-1910-43030 Engineering Services 002011000114 Total: 002011000115 02/24/2011 101-420-2400-43030 Engineering 002011000115 02/24/2011 101-410-1910-43030 Engineering Services 002011000115 02/24/2011 101-410-1930-43030 Engineering Services 002011000115 02/24/2011 409-480-8000-43030 Engineering Services 002011000115 02/24/2011 404-480-8000-43030 Engineering Services 002011000115 02/24/2011 601-494-9400-43030 Engineering Services 002011000115 02/24/2011 602-495-9450-43030 Engineering Services 002011000115 02/24/2011 603-496-9500-43030 Engineering Services 002011000115 Total: TKDA Total: TRKUTI Truck Utilities 222530 02/11/2011 101-430-3100-42210 Equipment Parts 222530 Total: AP - To Be Paid Proof List (02/24/11 - 12:28 PM) Amount Quantity Pint Date Description Reference 1,538.94 538_62 0.00 03/01/2011 Lake Elmo Water Systems/Fin 538.62 161.40 0.00 03/01/2011 2011 Street Improvement Feasibility 161.40 6,986.11 0.00 03/01;2011 2011 Street Improvement/Water Quality 6,986.11 1,661.55 0.00 03/01/2011 Lake Elmo/50th St/Kimbro VISAS St Impry 1;661.55 437.96 0.00 03/01/2011 General Engineering 4_375.56 0.00 03/01/2011 General Engineering 1,111,42 0.00 03101/2011 General Engineering 5,924.94 683.37 0.00 03/01/2011 927.73 0.00 03/01/2011 814.39 0.00 03/01/2011 6,841.84 0.00 03/01/2011 1,279.25 0-00 03101/2.011 965.58 0.00 03;0112011 218.99 0,00 03/01/2011 2,094.83 0.00 03/01/2011 13,825.98 47.753.59 General Engineering-VRA General Engineering-VRA General Erigineering-VRA General Engineering-VRA General Engineering-VRA General Engineering-VRA General Engineering-VRA General Engineering-VRA 623.97 0.00 03/01/2011 Truck Bed Vibrator 623.97 Task Type PO # Close POLine No 0000 No 0000 No No No No No 0000 0000 0000 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 000U No 0000 No 0000 No 0000 Page 7 Invoice # In Date Amount Quantity Prut Date Description Reference Task Type PO # Close POLine # 222702 02/16/2011 21.66 0.00 03/01/2011 Hose ends and Hardware No 0000 101-430-3100-42210 Equipment Parts 222702 Total; 21.66 TRKUTI Total: 645.63 TW1NGAR Twin City Garage Door Corp. 345551 02/04/2011 101-420-2220-44010 Repairs/Maint Bldg 345551 Total: TW1NGAR Total: VANZANDT Van Zandt Distributing 4616 02/08/2011 101-420-2220-42080 EMS Supplies 4616 Total: VANZANDT Total: 981.09 0.00 03/01/2011 Repair Garage door at Station #1 981.09 981.09 889.03 0.00 03/01/2011 Restock AED Pada 889.03 889.03 WAS -PH Washington Count' 9870 02/10/2011 60.00 101-430-3100-44330 Dues & Subscriptions 9870 Total: 60.00 WAS -PH Total: 60.00 0.00 03/01/2011 Hazardous Waste Generator License WASH-REC Washington County 1794 02/24/2010 6,00 0.00 03/01/2011 Copies for recording application LE 101-410-1910-44300 Miscellaneous Bank 1794 Total: 6.00 WASH-REC Total: 6.00 Report Total: 68,916.94 AP - To Be Paid Proof List (02/24/11 - 12:28 PM) No 0000 No 0000 No 0000 No 0000 Page 8 LAKE MAYOR & COUNCIL COMMUNICATION. DATE: 3/01/2011 REGULAR ITEM #: 4 RECOGNITION AGENDA ITEM: Firefighter Relief Association Drawing SUBMITTED BY: Lake Elmo Firefighter Relief Association c/o District Chief Brad Winkels THROUGH: Bruce A. Messelt, City Administrator REVIEWED BY: - NA - SUMMARY AND ACTION REOUESTED: It is respectfully requested that the City Council conduct a brief drawing for the Lake Elmo Firefighters Relief Association, led by District Chief Winkels, BACKGROUND INFORMATION & STAFF REPORT.: District Fire Chief Brad Winkels will be at tonight's meeting to assist the City Council in conducting the annual drawing for the Lake Elrno Firefighters Relief Association, RECOMMENDATION: It is respectfully reconunended that the City Council conduct the annual drawing for the Lake Elmo Firefighters Relief Association, with the assistance of District Fire Chief Brad Winkels. ATTACHMENTS: None (to be distributed at the City Council Meeting) SUGGESTED ORDER OF BUSINESS.. Introduction of Item ************** "IF ........ ........... ......... ...... 4.•........Mayor Presentation & Drawing District Chief Winkels Council Comments Mayor Facilitates -- page 1 -- CITY OF LAKE EL YOR c't COLINCiL COWL/MCA TON DATE: 3/01/2011 REGULAR ITEM #: 5 MOTION AGENDA ITEM: Consider Donation and Budget Adjustment/Designation for Washington County 4H Federation SUBMITTED BY: Washington County 4H Federation THROUGH: Bruce Messelt, City Administrator REVIEWED BY: Tom Bouthilet, Finance Director SUMMARY AND ACTION REQUESTED; The City Council is respectfully requested to consider a request for donation and to the Washington County 4H Federation for support for the annual programming provided by 4H. Should Council wish to approve such a donation, the specific motion suggested is as follows: "Move to Approve Budget Adjustment 2011-002 in the amount of $ from Mayor and Council Discretionary to Washington County 4H Federation." BACKGROUND INFORMATION: The City Council of Lake Elmo has allocated certain monies in its approved 2011 Annual Budget for discretionary spending. Consideration of supporting the Washington County 4H Federation has not been an annual agenda item, though the Washington County 4H Federation has made previous periodic requests. The City has received a request from the Washington County 4H Federation for consideration of a grant in the amount of $ 500 or greater. The request is attached for Council consideration. STAFF REPORT: City staff has reviewed the attached request and offers no opinion as to its propriety with respect to City budgetary priorities and fiscal policies. Affimiative Council action on the minimum requested amount of $500, as requested, would result in the following Budget Adjustment: Account # 101-410-1110-44330 Amount $ 1,500.00 ($ 500.00) $ 1,000.00 Description Council Discretionary - Less Donation to Washington County 4H Federation Remaining Council Discretionary page 1 -- City Council Meeting Approval of Donation & Budget Adjustment. Washington County 4H Federation March 1st, 2011 Regular Agenda Item #5 RECOMMENDATION: In accordance with applicable State laws and City policies and procedures, it is recommended that the City Council consider a request for Donation & resulting Budget Adjustment/Designation in an amount to be determined by the Council to the Washington County 4H Federation. The suggested motion to do so is: "Move to Approve Budget Adjustment 2011-002 in the amount f$ Mayor and Council Discretionary to Washington County 4H Federatio Alternatively, the City Council does have the authority to further discuss, deliberate and modify any decision prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve the proposed Donation and Budget Adjustment/Designation, as Presented [and modified] herein." ATTACHMENTS: 1. Request from the Washington County 4H Federation 2. Budget Adjustment 2011-002 SUGGESTED ORDER OF BUSINESS: Introduction of Item .......... ........ .................... Tom Bouthilet, Finance Director Report/Presentation .......... , ....... ........ ...... Washington County 4H Federation 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 --page2-- LAKE CITYOF ELMO BUDGE DATE: March 1st, 2011 DJUSTMENT 0 ACTIVITY # 2011-002 DESCRIPTION: 2011 Donation to Washington County 4H Federation TYPE OF ACTIVITY: TRANSFER OF FUNDS FROM ACCOUNT # TO ACCOUNT # PURPOSE: BUDGET ADJUST MENT/DESIGNATION FROM ACCOUNT # 101-410-1110-44330 AMOUNT: AMOUNT: AMOUNT: $ PURPOSE: Annual support for Washington County 4H Federation Programming DESIGNATION/NEW ACCOUNT# Designation: Washington County 4H Federation OTHER FROM ACCOUNT # PURPOSE: City Approval: AMOUNT: Honorable Dean Johnston, Mayor Bruce Messelt, Administrator (on Behalf of City Council) (Attest) UNIVERSITY OF MINNESOTA WASHINGTON COUNTY EXTENSION SERVICE 14949 — 62nd St N Phone: 651-430-6800 Stillwater, MN 55082 Fax: 651-430-6811 January 25, 2011 Mayor Dean Johnson 3800 Laverne Ave. N Lake Elmo, MN 55042-9629 Dear Mayor Johnson, This letter is to request a grant from the City of Lake Elmo to help keep the 4H program available to families of Washington County. Our need for the funds is due to the significant reduction in funding by Washington County. In the 2010 legislative session, Governor Pawlenty signed into law the following: "The Council of any City and the Board of Supervision of any town may incur expenses and spend money for county extension work" as provided in Section 38.33 to 38,38. The Washington County Commissioners requested the 4H Federation to prepare information and data regarding the economic impact 4-H has on the local communities. In response, we conducted a survey of our 4-H clubs. We learned that for every S1,00 invested in the 4-H programs, approximately $10,00 is put back into the businesses of our communities. In the past year, our clubs logged approximately 16,000 community service hours. These hours were spent: running food drives for various food shelves, doing highway clean-up, making blankets for kids in hospitals, working with Feed My Starving Children, making Valentines for Veterans, acting as bell ringers for the Salvation Army, taking State Fair projects to the residents at the Maplewood Care Center for "State Fair Days", making soldier care packages, working and performing for Early Childhood Family Education (ECFE), collecting Toys for Tots and working for the Hoofed Animal Rescue, Lake Elmo has 4-H members in St. Croix Clovers, Valley Shamrocks and Wranglers 4-H Clubs. If the Washington County 4-H program is eliminated, there will be a significant impact on the Washington County Fair, The 4-1-I program occupies eight of the twelve major buildings at the fairgrounds and provides many of the fair's volunteers. In addition, many of the daily events are tied to the 4-H activities. Mayor Dean Johnson City of Lake Elmo January 25, 2011 Page Two It is our intent to meet with all the municipalities in Washington County to enlist your support for the 4-11 program. We are requesting a grant in the range of $500 to $10,000. Funds may be directed to the "Washington County 4-H Federation" at Washington County 4-H, 14949 62nd Street North, Stillwater, MN 55082. Please contact me at (651) 459-4527 or email me at danandiandolanarkomcast.net to schedule a meeting with the city council, Thank you for your support of the Washington County 4-H Program. Sincerely, Dan Dolan President of the Washington County Agricultural Society cc: Bruce Messelt, City Administrator, City of Lake Elmo 1 MAYOR & COUNC/L AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 3/1/2011 REGULAR ITEM #: 6 MOTION Ordinance 08-039 Resolution No. 2011-005 Zoning Map Amendment; Consideration of an Application from Lake Elmo Bank to allow the Rezoning of two Properties off of 27th and 28th Street North from Rural Residential to R-1 Kelli Matzek, Planner Bruce Messelt, City Administrator Planning Commission Kyle Klatt, Planning Director SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider a zoning map amendment application, which was previously discussed and tabled during the February 151h Council meeting. The applicant, Lake Elmo Bank, is requesting to rezone two currently vacant properties from RR (Rural Residential) to R-1 (One Family Residential) which would reduce the minimum lot size requirement from ten acres to one and a half acres. This change would not allow any additional subdivision, but instead would bring the lots into compliance for minimum lot size with the potential result of two buildable lots. The Planning Commission reviewed the application, held a public hearing, and subsequently recommended approval of the request at their February 9th meeting (Option 1 below). The City Council also held a Public Hearing at its February 15th Council Meeting. Based upon Council direction from February 15th, including discussions with the Valley Branch Watershed District, the following are options are presented for consideration by the City Council. Option 1: Approve Zoning Map Amendment with conditions recommended by Planning Commission: leaving driveway access in its current location off of 28th Street. If rezoned to R-1 then two single family residential homes could be built — one "replacing" the home previously on the southern lot; one new house on the northern lot. Pros: The R-1 district is in conformance with the city's Comprehensive Plan (Future Cons: - Future resident(s) would have to maintain and repair a driveway after 5 City Council Meeting March 1st, 2011 Land Use Map). The addition of two single family residential homes would be in keeping with the existing adjacent and nearby neighborhoods comprised of single family residential homes. The City's tax base would increase with two new homes. - The existing Tablyn Park neighborhood would see no new traffic from the applicant's two lots. Zoning Map Amendment; Lake Elmo Bank Regular Agenda Item #6 to 10 year ram events when Raleigh Creek rises over the existing driveway. The existing neighbor on the north would have altered views of applicant's adjacent property, if and when a home was built on the northern property. - Existing land to the north will continue to flood when ice dams in the culvert. The southern property does not have road frontage on 28th Street (where existing driveway connects) and would need to obtain an easement to maintain access for the current driveway. Option 2: Approve Zoning Man Amendment with conditions as originally recommended by Planning Staff, along with certain subsequent considerations; moving all driveway access to 27th Street North. If rezoned to R-1 then two single family residential homes could be built — one "replacing" the home previously on the southern lot; one new house on the northern lot. Pros: Driveways would be relocated to 27th Street and the existing culvert could be removed, returning Raleigh Creek and adjacent areas to a more natural environm ent. Twenty-seventh street is built to city standards (28th Street is not) and could better accommodate additional vehicle traffic. The R-1 district is in conformance with the city's Comprehensive Plan (Future Land Use Map). Snow storage space for Public Works would increase at the end of 28th Street Cons: -- page 2 -- The slopes near 27111 Street are steep and would take some additional grading to create a driveway, though the Assistant City Engineer has found a driveway entrance could be constructed for both the northern and southern lots at less than a ten percent grade. The existing neighbor on the north side of 27th Street would have altered views of the applicant's adjacent property. The addition of a driveway off of 27th Street would result in less snow storage City Council Meeting March 1st, 2011 Zoning Map Amendment; Lake Elmo Bank Regular Agenda Item #6 area. This could be addressed by acquiring an easement for excess snow storage. The addition of two single family residential homes would be in keeping with the existing adjacent and nearby neighborhoods comprised of single family residential homes. Land north of the culvert would have reduced flooding; fewer complaints would be received; less corrective/maintenance efforts would be undertaken by the VBWD resulting in less expenditure. The City could reduce or eliminate maintenance of the extreme western portion of 2811' Street. Ovtion 3: Denv the Zoning Map Amendment with findings of fact If the two properties are not rezoned then: Only one single family residential home could be built on the southern property IF a building permit was received by March 1 stas the lot is considerably below the minimum lot size standard for the existing Rural Residential zoning district. This is a grandfathered right as a home previously existed on the site that extends for one year from the time the home was removed. The combination of the two lots would not bring it to buildable standards without a variance beyond the March deadline. If a building permit for a new home is not received by March 1st of 2011, neither of the lots would be considered buildable without at least one variance for lot size. Pros: Cons: The property on the north side of 2741 Street would continue to have views of vacant land owned by the applicant. The Lake Elmo Comprehensive Plan should be amended to reflect the city's desire for this area to retain a ten acre minimum lot size. - Existing land to the north will continue to flood when ice darns in the culvert. - The applicant would be penalized (by — page 3 -- City Council Meeting Zoning ap Amendment; Lake Elmo Bank March 1st, 2011 Regular Agenda Item #6 potentially losing all development rights) for cleaning up the site and removing a substandard structure rather than continuing to allow the property to deteriorate. A fourth option was briefly discussed at the February 15th City Council meeting which would approve the rezoning from RR to R-1, but would require the two lots to be combined, thereby allowing only one residential home to be built. According to the City Attorney, this option may not be a legally enforceable option, since the proposed zoning is consistent with the City's Future Land Use Map. In addition, Staff did not analyze this option, as the future property owners could re -split the combined lot back into two buildable lots. After reviewing the available information concerning existing road easements on the property, it does appear that the northern portion of the property does have access to a public road and could, therefore, be split to be in conformance with applicable R-1 zoning district regulations. STAFF REPORT: Based upon original and subsequent information provided by the Valley Branch Watershed District, staff continues to recommend that the culvert and existing driveway off of 28th Street North be removed and the existing driveway be relocated to 27th Street. The culvert has, at times, become impassable due to the culvert filling with water and freezing. This results in water backing up onto the properties north of the culvert, until such time as the water can flow over the existing driveway, the weather warms to the point it sufficiently melts and allows water through, or a contractor is hired to steam and melt the ice dam. In addition, the existing driveway is located approximately one -foot below the floodplain through which it crosses, which is allowed by the Flood Plain Management Ordinance. However, in the event the creek crosses up and over the driveway, concern is created for access to potentially two future residential homes in the event emergency personnel need to access the sites. Discussions with the Valley Branch Watershed District have led both staffs to conclude the reconstruction of the 28th St. driveway, to include a higher grade and additional culvert would NOT sufficiently address flooding concerns. Even if constructed at a higher level, a 28th St. driveway would more than likely require constructed overflow areas (i.e. low spots) to meet applicable state and District requirements. Instead, your City staff has suggested future access for the two sites, if considered buildable, be constructed off of 27th Street North. Due to minor constraints, such as existing city infrastructure and neighboring driveway locations, a shared driveway off of 27th Street North and an area dedicated for snow loading may be something the City would wish to explore as a condition of approval. The portion of driveway to be shared would likely be minimal, as the property line splitting the two properties occurs at the cul-de-sac. -- page 4 -- City Council Meeting March 1st, 2011 Zoning Map Amendment; Lake Elmo Bank Regular Agenda Item #6 In reviewing the unique site, your City Staff has also approached the Lake Elmo Bank with the idea of trading land area. The City owns an unimproved, unused piece of property adjacent to the applicant's property. Staff has suggested the Planning Commission review the idea of trading land area so the City may acquire a portion of Raleigh Creek, as it may serve as a potential future (partial) trail connection between the Lake Elmo Regional Park Reserve and Tablyn Park. Should the City Council decide to approve the rezoning, consistent with the Planning Commission's recommendation (leaving the driveway access in its present location), Staff would recommend that this driveway be improved to meet a minimum threshold for public safety, and specifically, that this driveway be raised to meet the current 100-year flood plain elevation. This action would not entirely eliminate the potential for flooding of the driveway, but should reduce the potential for the driveway to be under water for longer periods of time. Staff is not recommending a larger culvert be installed since two previous enlargements (undertaken first by the City in the mid 1970's and later by Valley Branch Watershed District) have not significantly reduced the flooding problems that have been occurring in this area. The only feasible option for a significant reduction to the flooding problem would be the installation of a new bridge over the creek, which could be very expensive. Additionally, the end of 28th Street also lacks a specified turn -around area for vehicles and, should the driveway remain in its present location, a minimal amount of maneuvering area should be provided for vehicles that should otherwise not be entering private property. There is a small driveway located at the end of 28th Street that provides access to a City -owned piece of land (and the County Park Reserve) that may provide some room for a turn -around area, but this potential solution would need to be further reviewed by the City Engineer/Public Works Department before it could be considered a viable option. LEGAL CONSIDERATIONS: The Planning Commission held a Public Hearing on February 9th, 2011 to take input from those present on the zoning map amendment application. The original Public Hearing was scheduled for January 24th, 2011, but was not held due to lack of a quorum. Three residents and the perspective buyer spoke at the February 9th Public Hearing. The primary concern expressed was the condition of approval identified by City Staff requiring access for the two sites to be off of 27th Street North, instead of remaining on 28th Street. The City Council reviewed this application and tabled it after holding a Public Hearing at the February 15th meeting. Four people spoke during the public hearing; two against the access being relocated to 27111 Street, one against allowing an additional home on the northern property, and one representing the applicants. The second Public Hearing was met to satisfy potential legal considerations, page 5 -- March 1st, 2011 City Council Meeting Zonin p Amendment; Lake Elmo Bank Regular Agenda Item #6 PLANNING COMMISSION RECOMMENDATION: After receiving information, holding a Public Hearing and discussing the application, the Planning Commission recommended approval of the zoning map amendment to allow the rezoning, as it is in conformance with the Comprehensive Plan (Option One), with the following conditions: 1) The applicants must provide documentation to the satisfaction of the City Attorney that all property line discrepancies are resolved. 2) Any future building permit is subject to a full review at the time of submission. Staff can not determine at this time that each of the two properties is suitable for single family residential homes. 3) The applicants shall provide a driveway access easement on the northern property and city -owned property to allow access for the southern property to 28th Street North. 4) The applicants or future property owners are encouraged to work with the City and the Valley Branch Watershed District on a potential land trade. In addition to those conditions identified by the Planning Commission, should the Council choose to recommend approval of the zoning map amendment application without requiring access off of 27th Street, staff would recommend consideration of the following additional conditions: 5) The existing driveway off of 28th Street must be raised to be at, or above, the 907 floodplain elevation unless otherwise directed by the Valley Branch Watershed District and the DNR in order to ensure access for emergency personnel. The engineering plans, materials and labor must be paid for by the property owner(s). 6) A Valley Branch Watershed District and DNR permit is required for work done in the floodplain. 7) The property owners shall work with staff to provide for a turnaround at the end of 28'1 Street, Your City Staff had originally recommended approval of the zoning map amendment to allow the rezoning, as it is in conformance with the Comprehensive Plan (Option Two), with the following conditions (those differences from the commission's recommendation are underlined): 1) The applicants must provide documentation to the satisfaction of the City Attorney that all property line discrepancies are resolved. 2) Any future building permit is subject to a full review at the time of submission. Staff can not determine definitively at this time, and without additional information and proposed, site plans, that each of the two properties is suitable for single family residential homes 3) The existing driveway must be removed from the northern pro-perty. All future access for both properties shall be from 27111 Street North. 4) The applicants shall provide a driveway access easement for a proposed shared driveway, which shall include any ancillary snow storage areas deemed necessary to by the Public Works Director. City Council Meeting Zoning Map Amendment; Lake Elmo Bank March 1st, 2011 Regular Agenda Item #6 5) The applicants shall work with the City and the Valley Branch Watershed District on a potential land trade. 6) The City will not issue a building permit for the northern lot until the land exchange mentioned in this report is fully executed and the surface water drainaae easements are vacated to the satisfaction of the Valley Branch Watershed District. STAFF RECOMMENDATION: Based upon the above Background Information and Planning Commission Recommendation, it is recommended that the City Council approve the zoning map amendment, as recommended by the Planning Commission and subsequently supplemented by City staff, by undertaking the following action: "Move to approve Ordinance No. 08-039 approving a Zoning Map Amendment for Lake Elmo Bank to rezone two vacant properties at 27th and 28" Street from Rural Residential to R-1 with additional conditions outlined by City Stalj. allow continued driveway access off of 28'11 Street." Alternatively, the City Council may wish to amend the proposed Resolution and incorporate those conditions originally promulgated and now subsequently supplemented by the Valley Branch Watershed District and your City Staff, The suggested motion to undertake this action would be as follows: "Move to approve Ordinance No. 08-035 approving a Zoning Map Amendment for Lake Elmo Bank to rezone two vacant properties at 27th and 28th Street from Rural Residential to R-1, with additional conditions outlined by City Staff to require driveway access otaff 27th Street." Finally, the City Council may deny the zoning map amendment and provide findings of fact to surroort the denial. City Staff will assist the Council in defining these at tonight's meeting and incorporate these into the suggested motion as follows: "Move to approve Resolution No. 2011-005, as amended at tonieht's meetinz and denying approval of a Zoning Map Amendment for Lake Elmo Bank to rezone two vacant properties at 27th and 28th Street from Rural Residential to R- 1, ifor the findings offact delineated at tonight's meeting/." ATTACHMENTS: 1. Ordinance 08-035 Approving Application Request 2. Resolution 2011-005 Denying Application Request 3. Full Planning Staff Report (from February 15th meeting) 4. Area Map 5. Proposed Site Plan -- page 7 City Council Meeting Zoning ap Amendment; Lake Elmo Bank March 1st, 2011 Regular Agenda Item #6 SUGGESTED ORDER OF BUSINESS: Introduction of Item ... , ......... ....... ....... ....... , .......... ........... City Administrator Report/Presentation Kelli Matzek, Planner Questions from Council to Staff .,....,.................. .................... Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion ......... ........... ,....................... ...... ....... Mayor & City Council - Discussion Action on Motion ..... ..... Mayor & City Council ,....,.,.....„.. ............ , ........... Mayor Facilitates -- page 8 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 08-039 AN ORDINANCE APPROVING A ZONING MAP AMENDMENT FOR TWO PROPERTIES OFF OF 27TH AND 28TH STREET FROM RURAL RESIDENTIAL TO R-1,. PID: 21-029-21-14- 0003 AND 21-029-21-14-0002 Section 1. Amendment: Section 154.020 of the "Zoning District Map" of the Lake Elmo Municipal Code is amended to rezone property from RR to R-1, based on confoiiiiity with the Comprehensive Plan, owned by Lake Elmo Bank, legally described as identified in Attachment A. Section 2. Findings 1) That the procedures for obtaining said Zoning Map Amendment are found in the Lake Elmo Zoning Ordinance, Section 154.020. 2) That all the submission requirements of said 154.020 have been met by the Applicant. 3) That the proposed zoning map amendment is to allow the rezoning of two currently vacant properties from Rural Residential to R-1, thereby reducing the minimum lot size from ten acres to one and a half acres with the intention to work towards making two buildable lots for single family residential structures. 4) That the Zoning Map Amendment will be located on property with the PIDs: 21-029-21- 14-0003 and 21-029-21-14-0002, formerly known as 2742 Ivy Ave. The full legal description is attached as Attachment A. 5) The proposed rezoning is in conformance with the Comprehensive Plan, The Future Land Use Plan in the approved Comprehensive Plan guides this property as "NC" — Neighborhood Conservation. The R-1 zoning district, which is what the applicant's are requesting, corresponds to the NC land use designation and is therefore in conformance. 6) The R-1 zoning district would not change the essential character of the neighborhood. Single family residential neighborhoods exist to the west and northeast of the applicant's two properties. The two properties requested for rezoning are, in general, slightly larger than the then existing built lots. The proposed rezoning mav allow a single family residential home to be built on each of the two properties which would be in conformance with the current use of the both adjacent neighborhoods. Section 3. Conclusions and Decisions: Based on the foregoing, the Applicants' application for a Zoning Map Amendment is granted subject to the following conditions: ) The applicants must provide documentation to the satisfaction of the City Attorney that all property line discrepancies are resolved. 2) Any future building permit is subject to a full review at the time of submission, Staff can not determine at this time that each of the two properties is suitable for single family residential homes. 3) The applicants shall provide a driveway access easement on the northern property and city -owned property to allow access for the southern property to 28th Street North. 4) The applicants or future property owners are encouraged to work with the City and the Valley Branch Watershed District on a potential land trade. Section 4. Effective Date: This ordinance shall become effective upon passage and publication, according to law. This Ordinance No. 08-039 was adopted on this 1s1 day of March 2011, by a vote of Ayes and Nay. Dean A. Johnston, Mayor ATTEST: Bruce Messelt, City Administrator ATTACHMENT A :XISTING LEGAL DESCRIPTION Legal description per Stewart Title Guaranty Company Commitment No. 324851, dated May 1, 2009,) 'ARCEL A \II that part of the Southeast Quarter of Northeast Quarter of Section 21, Township 29, Range 21, described as follows: Bec he East line thereof which is 199 feet South of the Northeast corner thereof, and running thence South along said East line nonument; thence West along a Ilne which is parallel to the North line of said Southeast Quarter of Northeast Quarter 161.! nonument; thence Northwest by deflection angle of 66 degrees 51 minutes to the right 491 feet, more or less, to a point w ntersects a line drawn parallel to and 199 feet South of said North line of said tract; thence East In a straight line to the poi xcepting therefrom a 16 1/2 foot strip which is reserved along the South and East lines. 'ARCEL B %II that part of the Northeast Quarter of Section 21, Township 29, Range 21, described as follows, to -wit: Beginning at the southeast Quarter of Northeast quarter of said section, and running thence South along the East line thereof 199 feet; then tarallel to the North line thereof 336 feet; thence by a deflection angle of 66 degrees 51 minutes to the right 208 feet to ar he North line of said Southeast Quarter; thence by a deflection angle of 77 degrees to the right 320 feet to an Iron monum iefiection angle of 84 degrees 9 minutes to the right 245 feet to the point of beginning. Excepting therefrom a 16 1 /2 foot strip which Is reserved along the Fast line. Except the following described property thereof: All that part of the Southeast Quarter of Northeast Quarter of Section s Range 21 West, Washington County, Minnesota, described as follows, to -wit: Commencing at the Northeast corner of tl of Northeast Quarter of Section 21, Township 29, Range 21 West; thence South along the section line a distance of 1 5.- degrees 40 minutes West a distance of 38.6 feet to the point of beginning of this description; thence South 62 degrees distance of 159,9 feet; thence South 17 degrees 20 minutes East a distance of 56.2 feet; thence North 62 degrees 21 n of 150.8 feet; thence North and parallel to said Section line by 1 6.5 feet a distance of 33,4 feet; thence North 40 degre distance of 27.4 feet to the point of beginning. Also a strip of land 33 feet In wldth along the North line of the land hereby conveyed, and extended East to a point 16. North and South Section line between Sections 21 and 22, Township 29 North, Range 21 West, which is hereby conveye road purposes. Also excepting all that part of the Southeast Quarter of Northeast Quarter of Section 21, Township 29, Range 21, descr t: Commencing at the Northeast corner of the Southeast Quarter of Northeast Quarter of Section 21, Township 29, Ran! South along the Section line a distance of 78.5 feet thence South 62 degrees 40 minutes West a distance of 1 8.6 feet t beginning of this description; thence running South 62 degrees 40 minutes West a distance of 150,8 feet; thence 5outf minutes East a distance of 50 feet; thence North 62 degrees 40 minutes East a distance of 125 feet; thence North and line by 16.5 feet a distance of 56. 3 feet to the point of beginning, according to the United States Government Survey tl County, Minnesota, 'ROPOSED LEGAL DESCRIPTIONS _1 (THE FOLLOWING PROPOSED LEGAL DESCRIPTIONS ARE BASED ON A PROPOSED LEGAL DESCRIPTION TO REGISTER TITLE F( EXISTING PARCEL A AND PARCEL B. THESE LEGAL DESCRIPTIONS ARE NOT OF RECORD.) PROPOSED PARCEL A All that part of the Northeast Quarter of Section 21, Township 29, Range 21, Washington County, Minnesota described a! COMMENCING at the northeast corner of said Northeast Quarter; thence on an assumed bearing of South 00 degrees 06 r seconds West along the east line of said Northeast Quarter a distance of 1,317.26 feet to the northeast corner of the Soul Quarter of the Northeast Quarter; thence North 42 degrees 06 minutes 45 seconds West a distance of 25.19 feet; thence degrees 34 minutes 59 seconds West a distance of 200.31 feet; thence South 27 degrees 17 minutes 05 seconds East a d 139.31 feet to the POINT OF BEGINNING; thence North 62 degrees 34 minutes 59 seconds East a distance of 128.50 feet 1 line of the east 16.50 feet of said Southeast Quarter of the Northeast Quarter; thence South 00 degrees 06 minutes 51 se along said west line of the east 16.50 feet a distance of 504.12 feet to the north line of the south 16.50 feet of the North Southeast Quarter of the Northeast Quarter; thence South 89 degrees 21 minutes 41 seconds West along said north line c 16.50 feet a distance of 1 52.13 feet to the easterly line of TABLYN PARK 2ND ADDITION; thence North 21 degrees 46 min seconds West along said easterly line of TABLYN PARK 2ND ADDITION a distance of 473,97 feet to the Intersection with a bears South 88 degrees 16 minutes 27 seconds West from the point of beginning; thence North 88 degrees 16 minutes East a distance of 214.93 feet more or less to the POINT OF BEGINNING. PROPOSED PARCELS All that part of the Northeast Quarter of Section 21, Township 29, Range 21, Washington County, Minnesota described a! COMMENCING at the northeast corner of said Northeast Quarter; thence on an assumed bearing of South CO degrees 06 r seconds West. along the east line of said Northeast Quarter a distance of 1,131 7.26 feet to the northeast corner of the Sout Quarter of the Northeast Quarter; thence North 42 degrees 06 minutes 45 seconds West a distance of 25.19 feet to the Pt BEGINNING; thence South 62 degrees 34 minutes 59 seconds West a distance of 200.31 feet; thence South 27 degrees 1; seconds East a distance of 139.31 feet; thence South 68 degrees 16 minutes 27 seconds West a distance of 214.93 feet u easterly line of TABLYN PARK 2ND ADDITION; thence North 21 degrees 46 minutes 05 seconds West along said easterly II TABLYN PARK 2ND ADDITION a distance of 214.64 feet to the intersection with the north line of the Southeast Quarter of Northeast Quarter; thence North 54 degrees 37 minutes 36 seconds East a distance of 320.71 feet to the Intersection witl bears North 42 degrees 06 minutes 45 seconds West from the paint of BEGINNING; thence South 42 degrees 06 minutes East a distance of 219.02 feet to the POINT OF BEGINNING. ;$1 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2011-005 A RESOLUTION DENYING A ZONING MAP AMENDMENT FOR TWO PROPERTIES OFF OF 2 7THAND 28TH STREET FROM RURAL RESIDENTIAL TO R-1; PID: 21-029-21-14-0003 AND 21-029-21-14-0002 WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the current property owner, Lake Elmo Bank (the "Applicant"), 11465 39th Street North, has submitted an application to the City of Lake Elmo (the "City") for a Zoning Map Amendment to rezone two properties off of 27th and 28tb Street (21-029-21-14-0003 and 21- 029-21-14-0002, formerly identified as 2742 Ivy Ave N) from Rural Residential to R-1, a copy of which is on file with the City; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance; Section 154.020; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on February 9, 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 February 15, 2011; and WHEREAS, the City Council considered said matter at its February 15, 2011 and March 2, 2011 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following; 2) F NDINGS CONCLUSIONS AND DECISION ) Based on the foregoing, the Applicants' application for a Zoning Map Amendment is denied. Passed and duly adopted this 1st day of March 2011 by the City Council of the City of Lake Elmo, Minnesota. ATTEST: Dean A. Johnston, Mayor Bruce Messelt, City Administrator City of Lake Elmo Planning Department Zoning Map Amendment Review To: City Council From: Kelli Matzek, City Planner Meeting Date: Applicant: Dan Raleigh, Lake Elmo Bank Owner: Lake Elmo Bank Location: 2 Properties — 21-029-21-14-0003; 21-029-21-14-0002 (2742 Ivy Ave) Zoning: RR — Rural Residential Introductory Information Request Mr. Raleigh, on behalf of the current owner, Lake Elmo Bank, is requesting two properties located at the end of 27th Street North and 28th Street North, be rezoned from Rural Residential which has a 10 acre minimum lot size, to R-1 which has a one and a half acre minimum lot size. The proposed rezoning would result in two potentially buildable lots where one was previously used for single family residential ptuposes and the other as a vacant property through which the driveway was built. A minor lot line adjustment is also proposed which would shift a small amount of land from one parcel to the other. The proposed property line shift would not impact the ability to build on the property; the ability to build on the lot will be contingent on the ability to construct a functioning septic system on the site and place a home, with adequate access in locations that meet city code requirements. A lot line adjustment can be processed administratively, but is being mentioned at this time due to the rezoning request. Site Data: Property Identification No. Existing Area Use 21-029-21-14-0003 Approx. 1.92 Acres Vacant/Floodplain 21-029-21-14-0002 Approx, 2.45 Acres Former Homesite/Vacant Right-of-way Vacation Review Background The southern, larger property was previously used for residential purposes. After the Information: bank became owners of the property, the dilapidated single family home was torn down and the lot now remains vacant. The driveway was left intact and utilities are still available to this site. The northern property, owned by the same homeowner prior to the bank's ownership, Zoniz";:ito'• Ehnt.: COUnniS07:, If crhir: • ; is currently vacant except for the driveway that serviced the southern property's previous home. This driveway meanders through the southern portion of the north property, through a city -owned property and over to 28th Street North. Raleigh Creek runs through the western side of this property and therefore is subject to not only a setback to the creek, but must adhere to the floodplain regulations where applicable. The northern property also has a significant Valley Branch Watershed District surface water drainage easement. The existing driveway crosses over a culvert. This culvert was replaced and enlarged in 1988 as flooding occurred on the north side of the culvert due to ice damming. Because of the location of Raleigh Creek, the flat topography and the culvert, ice continues to form in and behind the culvert and causes flooding on the northern property as well as on other properties upstream. Both properties have noteworthy, but manageable slopes on the west side, near the 27th Street North cul-de-sac. Review by the City Engineer confirms that driveways could be added off the cul-de-sac and have less than a ten percent grade. The property is just north of the Lake Elmo Regional Park Reserve, a significant park owned and managed by Washington County. Both properties are located within School District 622. Review Comments: Planning Comprehensive Plan, Existing Neighborhood Issues: The two properties are currently zoned RR — Rural Residential, but are guided for NC — Neighborhood Conservation in the Comprehensive Plan. This land use coincides with the R-1 zoning district, which is being requested by the applicant. Therefore, the rezoning of the properties from RR to R-1 would be in conformance with the Comprehensive Plan. The R-1 zoning is also consistent with the properties directly to the west and in the neighborhood to the east of the two properties. The two nearby neighborhoods are on generally smaller lots and are developed with single family residential homes. Site Access, As more thoroughly described on page four of this report, the Valley Branch Watershed District (VBWD) and city staff are interested in having the access for the two properties removed from 28th Street North and instead be located off of 27th Street North (the end of a cul-de-sac). The removal of the culvert (currently allowing the driveway/access off of 28th Street North) would reduce the flooding north of the culvert onto private properties. Because the existing driveway is located in a floodway and has flooded in past years, city staff S..q.(01(1 r.s! .2 7.12 11,), A 2 lorsq?en-CC Hani, Re:orripw: I.c-1 1 K ls" i.A.o"oo5::1..orttl : 11:!.. Zo7i kic,2 Picioning Coorrois,vior 2-11!•/-, is is recommending that this driveway be removed and placed on higher ground which would be accomplished by the relocation to 27t1' Street, If the current driveway is utilized by one or two homes in the future and in the event the existing driveway is flooded, it is a concern that public safety vehicles may not be able to access the home(s) in cases of emergency. In addition, the relocation of the driveways to 27th Street North would be beneficial to school district 622 for bussing purposes, should that service be used in the future. Existing city improvements such as a fire hydrant and the current configuration of a neighbor's driveway are existing conditions that need to be considered if and when two driveways would be added to serve the two properties. Although a shared driveway is something the city does not encourage due to potential future neighbor conflicts, it may be something the city would like to further explore with the applicant. This may mean requiring an easement and maintenance agreement or an extension of the city's road right-of-way. Although not an option preferred by city staff or the VBWD, if the existing driveway were to be left as -is, an access easement would be needed as it must cross through the northern property and a city owned property to reach 28' Street North, The southern property has no road frontage on 28 Street North. Land Exchange City staff is suggesting consideration of a land exchange between the city, the VBWD and the property owner, The northern property has a portion of land that is located within FEMA identified floodplains and is therefore unbuildable. In addition, Raleigh Creek flows through the eastern side of this property. Staff is suggesting the city request that area of the property be turned over to the city so as to leave an option for a possible future trail connection between Tablyn Park and the Lake Elmo Regional Park Reserve. The city currently owns a 0.35 acre parcel directly adjacent to the northern property. Staff has speculated that property may have been acquired at some point with the intention of someday connecting 27111 and 28th Streets, to add a cul-de-sac onto 28th Street or for a turnaround to be constructed at the end of 28th Street. In speaking with the City Engineer, he does not believe any of those scenarios would occur. Therefore, a portion of that land may be of interest to the current or future landowner. The two land areas identified are roughly sirnilar in size. Staff would suggest retaining a small portion of the city owned property for snow storage purposes. The VBWD may also be interested in exchanging, selling, or giving land currently owned by them for additional land or easements to other more sensitive areas. Again, this is discussed in more detail on page four of this report. The applicant is not interested in negotiating a land swap prior to the City taking action on the rezoning request, and giving the deadlines for City action on the application, it is highly unlikely that there would be time to complete such an action before the 120-day time limit expires. Therefore, staff is suggesting that a condition of approval be added to the City's action that merely encourages the applicant to engage in these conversations with the City. From initial conversations with the S,-1.und 1.1se,f‘,.:-,00in,p, '2742 - .? lorsliteo-Cc LE Brod; Relonino ;45-1 1 KAT EtiiiN.dorSH,Lawl loo:14 2Z4,443,on Rcooffing: 2-094.1-,doe T. Cil? i - .7. lir r,Jii “illw ;Yr.; owillisvuit: Engineer Comments: DNR/VB WD Comments: Planning Commission Review and Rec.: potential buyers of the property, they are willing to consider any proposals by the City. A summary of the City Engineer's comments are below: Engineering would be in support of moving the access to the properties to 27th Street North. Water service to the second lot would need to be addressed. Proposed and secondary septic systems must meet all setback requirements. Areas of adjoining discrepancy with the adjoining plats should be addressed. City owned properties should be reviewed for their public purpose and should be modified as necessary with this proposal, No comments were received from the DNR. The Valley Branch Watershed District (VBWD) owns two properties adjacent to this property — a thin property that wraps around the south and east side of the southern property and one that lies between the two properties. The VBWD also owns and manages the culvert allowing Raleigh Creek to flow underneath the existing driveway that connects to 28th Street North. As mentioned previously, flooding occurs north of the culvert onto private property as the physical characteristics of the land and creek in combination with the culvert, allow ice to back up the water flow in the winter and spring. The VBWD is interested in removing the culvert to reduce the flooding that occurs. Although some flooding will still occur and federally identified floodplains exist, the removal of the culvert would likely reduce the impact on both the existing neighbor's property as well as the applicant's northern property. In order to remove the culvert, the existing driveway would need to be removed and alternative access for the two properties would need to be addressed. The access relocation to 27th Street would allow the removal of the culvert and would likely reduce flooding on adjacent properties. Staff believes the removal of the culvert would provide a public benefit by reducing flooding upstream. The Planning Commission reviewed and discussed the application at their February 91" meeting. They held a public hearing and took comments provided by three residents and the potential future buyer of the properties. Public Hearing One neighborhood resident was opposed to the relocation of the driveways off of 27th Street North as it would increase the number of vehicles driving on the road, resulting in additional car lights in his window as they drove down the road. ,S 'IL. a no' ',vc,)Rcz el i 17; ?:2 7 .12 )4. - 2 i t1?(,:r, -CC LE Mori, c: inf.! I - 1 ts . oc,.:4'-4.64r4 fyitle42 " I (4-114-ke::op -1-4-1,4 clot. Z*6-iiing Map Am dill f:fyi:' iaic Elmo bo IL P la7 !fling (:(infiniS,V(in Repr1ri; Conclusion: • A few of the neighbors stated that if the Valley Branch Watershed District put in a bigger culvert and/or cleared out the culvert more often the flooding would not occur on properties to the north. • At least one neighbor said he didn't believe the grade up to 27th Street North could accommodate two additional driveways. • One resident said the existing driveway had been in that configuration for years and did not think it needed to be changed. • The potential buyer of the -)roperty from Lake Elmo Bank commented that a new driveway off of the 27" Street North cul-de-sac would cost a minimum of $5,000 and that it would be difficult to put in due to the topography of the site. He stated his preference to use the existing driveway for a new home on this property. After considering the public comments and discussing the driveway situation, the Commission voted to recommend approval of the rezoning request, but without any requirement for the applicant to move the driveway from its existing access off of 28th Street to the cul-de-sac at the end of 27th Street. The Commission indicated that the expense and disruption to the neighborhood from relocating the driveway was not worth the benefits to be gained by moving the current access. After discussing the application and considering the input received during the meeting, the Planning Commission recommended approval of the Zoning Map Amendment, but altered the conditions of approval suggested by staff to the following: 1) The applicants must provide documentation to the satisfaction of the City Attorney that all property line discrepancies are resolved. 2) Any future building permit is subject to a full review at the time of submission. Staff can not determine at this time that each of the two properties is suitable for single family residential homes. 3) The applicants shall provide a driveway access easement on the northern property and city -owned property to allow access for the southern property to 28th Street North. 4) The applicants or future property owners are encouraged to work with the City and the Valley Branch Watershed District on a potential land trade, The applicant is seeking approval of a zoning map amendment request for two properties located at the end of 27th Street North and 28th Street North from RR to R-1. Staff Rec: Staff recommends approval of the Zoning Map Amendment request based on the following: Anf - 2 loryd?co-CCL liauk Re:tininf! 2-1541 1CK EdiLr.61 -;41-1,1f1-4 Ir,mo (r.;: j1iZflCommixolon • 1) The proposed zoning is in conformance with the guidance of the Comprehensive Plan. 2) The neighborhoods adjacent to and nearby the two properties are already zoned R-1. The rezoning of the properties to R-1 to allow single family residential homes would be in conformance with the existing neighborhood. Provided the following conditions are met 1) The applicants must provide documentation to the satisfaction, of the City Attorney that all property line discrepancies are resolved. 2) Any future building permit is subject to a full review at the time of submission. Staff can not determine at this time that each of the two properties is suitable for single family residential homes. 3) The existing driveway must be removed from the northern property. All future access for both properties shall be from 27(1' Street North. 4) The applicants shall provide a driveway access easement for a proposed shared driveway, which shall include any ancillary snow storage areas deemed necessary by the Public Works Director. 5) The applicants shall work with the City and the Valley Branch Watershed District on a potential land trade. Planning The Planning Commission recommends approval of the Zoning Map Amendment Commission based on the findings noted above and provided the following conditions are met: Rec: 1) The applicants must provide documentation to the satisfaction of the City Attorney that all property line discrepancies are resolved. 2) Any future building permit is subject to a full review at the time of submission. Staff can not determine at this time that each of the two properties is suitable for single family residential homes. 3) The applicants shall provide a driveway access easement on the northern property and city -owned property to allow access for the southern property to 28t1i Street North, 4) The applicants or future property owners are encouraged to work with the City and the Valley Branch Watershed District on a potential land trade. Council The City Council may consider the following options for taking action on this request: Options: A) Approve Resolution 2011-005 approving the Zoning Map Amendment based on the findings drafted by Staff or other additional information that is presented at the public hearing with conditions; B) Approve Resolution 2011-005 approving the Zoning Map Amendment based on the findings drafted by Staff or other additional information that is presented at the public hearing with conditions as outlined by City Staff, or 11,1- - 2 lor;11?en-CC LE Ban!, Re-zoninsz Hap AmeNcimcim Lakc 1711-m, C) Deny the request based on findings (...cite findings ... Approval To approve the request, the Planning Commission is asked to use the following motion Motion as a guide: Template: I move to approve Resolution 2011-005 approving the Zoning Map Amendment request from the Lake Elmo Bank to rezone two properties off of 27th Street North from Rural Residential to R-1, [with the conditions as drafted by staff] or [with the conditions as recommended by the Planning Commission]. Dan Raleigh, Lake Elmo Bank Bob Clark, Lynsky & Clark UscSczo1 ?'.27-12 Air - 2 loislRen-CC L.E Brirrk Rczrininr.t .-15-1 1 Zon g apAmendment 55.5. 110. ART .5 2411. 15211 50.6 P. Rao .etee GOOPOV. rel OWOR011 Mee. We 55* 'f 5' 1 55* . A 1_ 05101.1 0.412.6 60 Of IV( 1 sooeta Waite -tele? PARCEL B 0101511. (POP\ /5106\ EW 51.26. ONE no. woo./ P.or rot. aatteatO 14 'kat Witilt Wooer 5.2....2621. Iga,02..111161411.=4,41 EX LEGAL DESC RFD r5N hegal porbteetaalido Caanalte Como. COPOSOPtee 124621 dmed I. MOD 1.2151 PP tbe ton:beam go.. of Porthoost1720. 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Moo Pox lay 6.17 P51.2.11166 rot 651122... WASHINGTON. SEAL /-at-zzo"...LEN-smkkm REVISIONS: Vert 1-1.14 lodlltarart tertseocon. .511 111605.... PROJECT LOCATION: 00.421029211.10003 1.102210102921140002 CORNERSTONE LAND suKvEYING. INC 511.0.,41401)111.1.3WEIWIRCRIAJASNAT CERTIFICATE:1:F Loy NOTE: WO. 123 earat. ea. SURVEY TKDA t 111116 I 11:1141111 The right time, The right people. The right company MEMORANDUM To: Kelli Matzek, City Planner Kyle Klatt, Planning Director John Hanson, VBWD From: Ryan Stempski, P.E. Date: February 17, 2011 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651) 292-4400 (651) 292-0083 Fax www,tkda.con Reference: 2742 Ivy Ave N Land Use Review Rezoning and Lot Line Adjustment Supplemental Review Proj. No.: 14816.001 Phase 10 Routing: This is a supplemental review to the TKDA memorandum dated January 17, 2011, for the rezoning request at 2742 Ivy Avenue N. After the February 15, 2011, City Council Meeting there was a request to provide further information regarding the existing site access off 28th Street N. As stated in the January 17, 2011, memorandum, access from 27th Street appears to be feasible. The maximum allowable slope would be 10% for a new driveway; therefore the driveway(s) would have to be constructed to accommodate the steep slopes. It would be recommended to only have one driveway access the cul de sac on 27th Street N, then split to accommodate a second home if necessary. A driveway easement would need to be granted to the City of Lake Elmo to ensure perpetual access for each home. This access plan would allow the culvert at Raleigh Creek to be removed and help return the area to a more natural environment. The existing access off 28th Street N could also be used if all Lake Elmo Code conditions are met. This existing driveway has an elevation lower than the 100-Year Flood Elevation of Raleigh Creek in this area. The Lake Elmo Code requires that a driveway cannot be more than 1-foot lower than the 100-Year Flood Elevation. To confirm compliance of the existing driveway, spot elevations of the existing driveway would need to be provided to confirm the separation from the 100-Year Flood Elevation in this location. If the existing driveway was raised, an engineered design would need to be submitted to maintain the existing capacity and overflow elevation of Raleigh Creek. The applicant would need to obtain a VBWD Permit and DNR Petinit. An Employee Owned Company Promoting Affimmtive Action and Equal Opportunity AYOR & COUNCiL cpmmoyicAripN DATE: 3/01/2011 REGULAR ITEM #: 7 DISCUSSION/ACTION AGENDA ITEM: Reconsideration of City Council Subcommittees Appointments SUBMITTED BY: Council Members Smith, Emmons and Pearson THROUGH: Sharon Lumby, City Clerk REVIEWED BY: Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: At the request of Council Members Smith, Emmons and Pearson, the City Council is respectfully requested to reconsider appointments to the 2011 Council Subcommittees. The recommended motion to act on this reconsideration is as follows: SUGGESTED "Move to appoint Council Members MOTIONS: to the Budget/Finance Subcommittee "Move to appoint Council Members to the Personnel/Human Resources Subcommittee "Move to appoint Council Members to the Job Growth/Business Subcommittee "Move to appoint Council Mentbers to Regional & State Affairs Subcommittee BACKGROUND INFORMATION: At the January 11th, 2011 City Council Workshop, the City Council directed preparation of appointments to two standing Subcommittees (Budget/Finance and Personnel/Human Resources), as well as consideration of creation of a Subcommittee to address Job & Business Activities. At its January 25th, 2011 City Council Meeting, the City Council approved (4-0) assignments to the following Council Subcommittees: Budget/Finance, Personnel/Hurnan Resources, Job Growth/Business, and Regional & State Affairs. -- page 1 -- City Council Meeting Reconsideration of City Uo'uncil Subcommittees Appointments March 1st, 2011 Regular Agenda Item #7 Subsequent to this action, Council Member Smith has requested reconsideration of certain appointments. Council Member Emmons and Pearson have voiced, via email, consent with such reconsideration. RECOMMENDATION: It is recommended that the City Council address the request for Reconsideration of 2011 Council Subcommittees appointments. Should any changes be made, the suggested motions are as follows: SUGGESTED "Move to appoint Council Members MOTIONS: to the Budget/Finance Subcommittee 'Move to appoint Council Members to the Personnel/Human Resources Subcommittee "Move to appoint Council Members to the Job Growth/Business Subcommittee "Move to appoint Council Members to Regional & State Affairs Subcommittee Alternatively, the City Council does have the authority to discuss, deliberate, table this item at its discretion for future consideration, or take no action tonight, thereby leaving prior appointments as previously approved. ATTACHMENTS: Minutes from January 25th, 2011 City Council Meeting (as approved on February 15, 2011). SUGGESTED ORDER OF BUSINESS: Introduction of Item City Clerk Call for Motion Mayor & City Council Discussion/Comments.. ................ ....... . ..... „................ ..... Mayor Facilitates Public Input, it Appropriate ............... ............... ......... . ...... Mayor Facilitates Action on Motion ................... ....... ........ ........ .........,Mayor & City Council -- page 2 -- MINUTES APPROVED AS AMENDED FEBRUARY 15, 2011 City Council Subcommittees & Outside Appointments Pursuant to discussion at the January 11111 workshop, the City Council is requested to address the formation of 2011 Council Subcommittees. MOTION: Council Member Park moved the following Council appointments to the City Council Subcommittees. Council Member Pearson seconded the motion, The motion passed 4-0, Budget/Finance Committee: Council Members Smith and Pearson Human Resources: Council Member Emmons and Mayor Johnston Job Growth/Business: Council Members Park and Pearson Regional and State Affairs: Council Members Smith and Emmons In addition, appointment ofCouncil Members to the Gateway Corridor Commission for 2011 is required. Council Member Park moved to approve Resolution No. 2011-003 appointing Mayor Johnston and Council Member Emmons to the Gateway Corridor Commission. Council Member Pearson seconded the !notion. The motion passed 4-0. Approve 2011 Planning Commission Work Plan Kyle Klatt, Planning Director, presented the Planning Commission's annual work plan, prepared for 2011. The work plan, as recommended by the Planning Commission, was prepared using the previous year's plan as a template and tracking any changes that were used to create the new document, Mayor Johnston requested Council consideration to add to the workplan (Al) Rezoning of two sites for a Park and Ride along 194. MOTION: Council Member Pearson moved to accept the 2011 Planning Commission Work Plan including discussion on potential rezoning on two sites fbr a Park and Ride along I-94. Mayor Johnston seconded the motion. The !notion. passed 4-0. LAKE ELMO CITY COUNCIL MINUTES JANUARY 25, 2011 CORRIDOR ilysis Study (AA) Initial Screening of Transit Technologies: The transit technologies that are recommended by the Policy Advisory Committee (PAC) for further study in the AA following an initial screening of alternatives include: Commuter Rail — is usually a diesel passenger train that runs on tracks shared with freight railroads. Commuter rail service connects a central city with outlying communities in the same region. Commuter rail runs during morning and afternoon peak periods, with stations spaced 2-5 miles or more apart. Commuter rail is not the same as High Speed or Passenger Rail (i.e. Amtrak). While these also run on existing railroad freight lines, they connect distant regions to each other (i.e. Twin Cities to Chicago). The new Northstar ser- vice is a commuter rail line. Light Rail Transit (LRT) — is a passenger train powered by an overhead electric line. Trains operate with1-3 cars in shared or exclusive right-of-way. Stations are typically 1/4-2 or more miles apart, and connect suburbs to central cities. Because LRT is smaller and has a smaller turning radius than a commuter rail train, it can operate in city streets and within tight urban corridors. The Hiawatha line opened in 2004, and Central Corridor line now un- der construction, are examples of LRT. Bus Rapid Transit (BRT) — is a bus system with enhanced service, stations, vehicles and technology that offers faster, more convenient and reliable service than traditional bus service. Highway BRT operates on roads with traffic moving at 45 mph or greater, in des- ignated bus lanes (shoulder or mainline) or in managed lanes (shared with paying vehicles). BRT provides a family of services including both peak period express service and all -day, station -to -station service. Express Bus —service is peak period commuter service, typically operating in mixed traf- fic on freeways. Express buses may operate on highway shoulders when mixed traffic is moving at less than 35 mph. In Minnesota, buses may not travel more than 15 mph faster than mixed traffic when operating on freeway shoulders that are not designated as bus lanes. Metro Transit already operates express bus service in portions of the Gateway Corridor. Additional Information & Opportunity for Comment: For adchtional information or to comment about the Gateway Corridoror the Transit Alternatives Analysis, contact Ted Schoenecker at: 651-430-4319 or tccischocnecker.ivo_washinuton.inn.us www.thegatewaycorridor.com Initial Screening of Alternatives: The initial screening of alignment alternatives (see the maps that follow) by the Policy Advisory Committee (PAC) was based on (1) ability to improve transportation mobility, (2) consistency with transportation, land use, and economic development plans, (3) cost-effectiveness, and (4) potential impacts to the natural environment. A final recommendation on transitway alignment alternatives to be studied further in the AA will be made following receipt of public comment. Alternative 1 — No Build: The No Build alternative is defined as express buses operating in mixed traffic on 1-94 and on highway shoulders between downtown Minneapolis and Woodbury during congested periods as they do today. Buses may only operate on highway shoulders where such use is signed and the speed of general traffic is 35 mph or less. Buses may operate at 35 mph, or 15 mph faster than general traffic. The No Build alternative includes planned, funded park and ride lots throughout the corridor. Alternative 2 — Transportation System Management (TSM): The TSM alternative is defined as express buses operating in mixed traffic on 1-94 between downtown Minneapolis and Eau Claire, and on high- way shoulders where such use is signed and the speed of general traffic is 35 mph or less. An alternative TSM alternative will be tested adding a managed lane ("MnPass" lane) during congested periods between down- town Minneapolis and downtown St. Paul. Managed traffic lanes are highway lanes that are restricted during peak periods to buses, carpools/vanpool and MnPass vehicles that have paid a fee to use the lane. The TSM alternative includes additional park and ride lots throughout the corridor. Alternative 3: Bus Rapid Transit (BRT) - BRT (Segments I, 2. or3d - Spot Shoulder Lanes iSc-vmeol < Segment 2 > Connection Between The Union Depot and 1-94 to be Determined • — „ Alternative 4: Bus Rapid Transit (BRT) Altemative 4A - BRTIvIrnnehaila Avenue (Seguwids ), 2, aucl - Aimmative 48 - BRT/3rd Street (Segrneat,st 2 and 3) - Spot SI7oulder Lanes Segmet4 4) < Segment 1 > Segment 3 > .134f gifilt.Mrs Segment 3 > (i FIPAPPP P, PPR ALTERNATIVES ANALYSIS Alternative 5: Light Rail Transit (LRT) t. - ;-, ;'Segments .,and .}i - LRT - 1,:entyai C oaki ,r j Sugm4'{;r 7 t - Snot ;ft„lllClr,>; (.i,nes i'Se-gmc nt k, < Segment 1 > Alternative 6: Light Rail Transit (LRT) All!,matavc 6/4 - LRT,0Mrnnehaha Ave'rtue (' Att v'rti °diva C6 - LRT73r'cf Street (Segments - Spot S/,c;uldvr L-3r:es (Seynrr.;r ! yl Segment 1 < Segment 2 > Connection Between The Union Depot and 1-94 to be Determined nd3) Segment 2 > Alternative 7: Commuter Rail - A!terriall ve 7A - /)yd (1)1 R<%3tr'C P PR { Sorgri,c'rr 11 ° at - LIP RR fSeynrenis 2. 3. -tt A;ir,rnt2Uve 7B - Pierce Buller R;,rle,-'BNSF RR ;Se9rnc:,t1 < Segment 1 > Alternative 7: commuter Rail t - UP RR 1 Segmt-ot 4) ent2> Segment 3 > < Segment 3 > < Segment 3 > Segment 4C > gate' GATEWAY Alter atives A Background: In August 2010, the Gateway Corridor Commission initiated a Transit Alternatives Analysis Study (AA), looking at the 1-94 corridor from Minneapolis, MN to Eau Claire, WI. This study will assess transit needs in the corridor, evalu- ate transit alternatives, and recommend a Locally Preferred Alternative (LPA). 1-94 is the primary travel corridor between the Twin Cities and Eau Claire, and south and east to Madison, Milwaukee and Chicago. It is home to some of the region's largest employers and the two major downtowns of Minneapolis and Saint Paul. Traffic volumes on 1-94 range from approximately 30,000 average daily traffic (ADT) near Eau Claire, to approximately 90,000 ADT at the Si. Croix River Bridge, to 150-185,000 ADT between downtown Saint Paul and downtown Minneapolis. Peak period congestion is an increasing problem in many sections of the corridor due to steady population and employment growth. Transit ridership in the Gateway Corridor increased by 21% between 2003 and 2009. Park and ride demand is forcasted to double by 2030. Other trends that will contribute to increas- ing demand for transit service include an aging population, decreasing household size, and increasing fuel costs. Six study area sewnents have been defined for analysis purposes. Segments 1, 2, and 3, include the Twin Cities Metro- politain Area, segments 4A, 4B, and 4C, include the communities between Hudson and Eau Claire. VV1'1,C,C1 M”, Goals: The Gateway Corridor Commission and the Policy Advisory Committee (PAC) have approved the following goals for the AA: • improve mobility • Provide a cost-effective, economically viable transit option • Support economic development • Protect the natural environmental features of the corridor • Preserve and protect individual community quality of life • improve safety 1;4 GATEWAY ALTERNATIVES ANALYSIS SCHEDULE Phew) Alternativer Phaes Project Development & Initiation Early Screening Alternatives valoation Stuffy rieooMmentlatione , ".... " Alternatives Analynie Development lov J2ini : '4400" !At*, 2910 N1/10 2010 200 2911 1211 190: *9019990,! .24)2! • Review of Previous Work • Problem Statement; Goals a Objectives; Evaluation Criteria • Develop & Evaluate Initial Alternatives • Refinement a Conceptual Design of Alternatives • Operating Plan • Ridership Forecast; • Cost Estimates • Detailed Alternatives Evaluation • Final Alternatives Analysis Report • Pubfic Open house Phase PE ; R DC )ft ALTERNATIVES ANALYSIS