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Home My WebLink About10-05-2010 packettCity of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota October 5, 2010 7:00 p.m, A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE; C, A I I ENDANCE: Johnston DeLapp Emmons, Park Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings so everyone attending the meeting or watching the meeting understands how the City Council does its public business.) F. GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G. APPROVE MINUTES: 1. Approval of the September 21, 2010 City Council minutes H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes. , CONSENT AGENDA: (Items are placed on the consent agenda by City staff and the Mayor because they are not anticipated to generate discussion. Items may be removed at City Council's request.) 2. Approve payment of disbursements and payroll 3. 2010 Street and Water Quality Improvements; Partial Payment No.2 4, 2010 Crack Seal Project — Consideration of quotes and authorization for awarding contract 5a. 2011 Street and Water Quality Improvements - Authorization for Geotechnical Services b. 2011 Municipal State Aid Improvements — Authorization for Geotechnical Services 6. 2010-2014 Capital Improvement Programming Adj, 7. Request for Street Assessment Deferred, Jim Fish; 2267 Legion Ln GULAR AGENDA: 8. Sunfish Lake Parking Area Improvements/Brief Eagle Scout project presentation 9. Lake Elmo Inn Zoning Text Amendment, Front and side setbacks, General Business in Old Village Area; Resolution No. 2010-049, Ordinance No, 08-030 10. Interim Use for Ag sales; Resolution No. 2010-050, Ordinance No. 08-030 11. Old Village Water Quality Plantings at 3570 Laverne Avenue N. 12. Revisions to 1-94 Corridor Joint Powers Agreement K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) • Mayor and City Council • Administrator • City Engineer • Planning Director L. Adjourn **A social gathering may or may not be held at the Lake Elmo Inn following the meeting.** City of Lake Elmo City Council Minutes September 21, 2010 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, Park and Smith Also Present: Administrator Messelt, City Engineers Griffin and Stempski, Attorney Snyder, Planners Klatt and Matzek, Finance Director Bouthilet and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Smith moved to table Item 5 Cran4 Ape CUP and add Item 4 and 6 to the Consent Agenda. Council Member Park secondedhe motion. The motion passed 5-0. Council Member Smith moved to approve the September 21, ,2010 City Council agenda as amended. Council Member Park seconded the motion. The motion passed 5-0. APPROVED MINUTES: The September 7, 2010 City Council minutes are,approyed?hy consensus. PUBLIC COMMENTS/INQUIRIES: None CONSENT AGENDA: MOTION: Council Member Park:moved to approve the Consent Agenda. Council Member Smith seconded-the:Inotion.. The motion passed 5-0, • Approve payment of diAirsements and payroll in the amount of $178,203.61 • Approve 2010Street & --Water Quality Improvements Change Order No. 2, ,r extending the completion date of bituminous wear course construction on 57th Street to June 1, 201-1, and increasing the construction contract in the estimated amount of $2,900 Variance: Allow construction of a sentic variance LID to 10 ft. into the right-of-way; 9051 Jane Road N., Resolution No. 2010-046 The City Council was asked to consider a variance request from Marilynn Kennedy to construct a new septic system partially within the City's road right-of-way, therefore meeting the required 10 ft. property setback. Because the non -conforming lot at 9051 Jane Road is just 95 feet deep, the proposed septic tank will not meet the required 75 ft. Ordinary High Waterline setback as identified in the shoreland core and a minor variance will be needed as well. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 21, 2010 F, MOTION: Council Member Park moved to approve Resolution No. 2010-046 approving the requested variances to allow the septic system to be built as proposed at 9051 Jane Road. Council Member Smith seconded the motion. The motion passed 5-0. 2009 and 2010 Street Improvement Rain Garden Project — Accenting the quotes and awarding the contract The City Council was asked to accept quotes and award a contract for the 2009 and 2010 Street Improvement Rain Garden Project. Bids were received on September 9, 2010. Rusty Schmidt, Washington Conservation District, solicited quotes from five qualified contractors and prepared a recommendation in Memorandum dated September 14, 2010, MOTION: Council Member Park moved to accept the Quotes and Award a Contract to All Weather Services in the amount of 327,688.75 for 2009 and 20-10 Street Improvement Rain Garden Project per the Washington County Conservation District Recommendation Memorandum dated September 14, 2010. Council MemberSWOT-seconded the motion. The motion passed 5-0. Consideration of Conditional Use Permit application to allow and oi,ens1es lot for Cranky Ape at 9200 Hudson Blvd., Resolution gb:.-='2010-0e— TABLED INDEFINITELY 2011 Street and Water Quality Imnrovementg LiAuthorizatiOn of Preparation of Feasibility Report • - • • In accordance with the approved-2009.'72013 Street Capital Improvement Program, the City Council was asked to proceed witfi'thefirSt:step to implement the 2011 Street Improvements, which is to authori4eS-the preparation of a feasibility report. The preparation of a feasibility,.repOrtiOequired as a part of the statutory process for public improvements that.are-speeially assessed, and must be completed before the City Council can take action toi:irder an imProvenient. The 2011 Street Iniprovements4nclude the following street segments: • 10th Street Court North from 10th Street North to north end • 11 ill Street North froin 10th Street North to 12th Street North • 12th Street North from Leeward Avenue North to west end • Laverne Avenue North from 101h Street North to 12th Street North • Layton Avenue North from 10th Street North to 12th Street North • Leeward Avenue North from 10th Street North to 12th Street North Staff recommended removal of the proposed improvement for Kirkwood Lane from the 2011 CIP until staff and Council can further investigate and determine the appropriate improvement process and assessment methodology for residential local gravel roadways. This recommendation was consistent with the removal of 28th Street from the 2010 CIP. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 21, 2010 2 MOTION: Mayor Johnston moved to authorize TKDA to prepare the feasibility report for the 2011 Street and Water Quality Improvements in the amount of $11,900, Council Member Smith seconded the motion, Council discussion ensued regarding the importance of drafting an assessment policy. MOTION. Council Member Emmons moved to amend the motion to not move beyond the feasibility study until we have an assessment policy reviewed and direction provided by the City Council, Council Member DeLapp seconded the motion. The motion passed 4-1 (Mayor Johnston voting against the motion,) MOTION: Mayor Johnston moved to approve the amended motion. Council Member Smith seconded the motion. The motion passed 5-0. 2011 Municipal State Aid Street Improvements — authorizatiOnavreparation of Feasibility Report The City Council was asked to proceed with the first step to jrnplementtlie 2011 Municipal State Aid Street Improvements, which is to authorize the preparation of a feasibility report. This project may also be fully or partially funded using Municipal State Aid funds. The project would involve-improving-50th. Street North and Kimbro Avenue North, from 47' Street North to Lake Ryan Stempski, Assistant City Engineer, repotted Keats Avenue Street Improvements, from 47th Street N. to Lake Elmo Avenue, has been programmed as part of the 2012 Street Capital Improvement Plan. In ptepataticjn:of the 2011 Capital Improvement Planning process, a geotectiniCal inyestigationwas completed to review the necessary improvements and available construction parties to complete the Keats Avenue Street improvements in coordination.withithe Keats Avenue Trunk Watermain project. Improvements, Inc MOTION: Council Member Smith moved to authorize TKDA to prepare the ,feasibility report for the 2011Mtinicipal State Aid Street Improvements, including 50th Street N and Kimbro Avenue N., from 47th Street N. to Lake Elmo Avenue N in the amount of $14,900, as recommended by the City Engineer, Council Member Park seconded the motion, The motion passed 5-0. 1-94 — 30th Street Trunk Sewer Improvement — Authorization to Negotiate Easement Acquisition for Lift Station Site #3 The City Council was asked to authorize the City Administrator, City Attorney and City Engineer to negotiate and acquire approximately 8,000 sq.ft. of permanent utility easement and 8,000 sq.ft. of temporary construction easement to facilitate the construction of the Lift Station for the 1-94 to 30th St, Trunk Sewer project to be located at site no. 3. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 21, 2010 Staff received direction from the Council at the August 17, 2010 meeting to finalize the plans and specifications and receive contractor bids for the 1-94 to 30th Street Trunk Sewer Improvements. As part of this effort, a meeting was held with Elmo View Townhouse Association members to discuss the proposed Lift Station project. The association expressed that while they are amenable to an easement for the utility pipes they were not agreeable to provide an easement for the access roadway. An alternate access road design was presented and found to be an acceptable alternative. MOTION.' Mayor Johnston moved to authorize the City Administrator, City Attorney and City Engineer to negotiate and acquire a utility easement from the Elmo View Townhouse Association for the purposes ofplacing the Lill Station on Site No 3. Council Member Park seconded the motion. The motion passed 4-1 (Council Member DeLapp voting against). Subsurface Sewage Treatment (SSTS) Resolution No. 2010-041, Ordinance No. 08-029 The City Council was asked to consider adoption of an,prdinancethat would amend the City's Individual and Community Waste Water Treatment Systems regulations. The proposed ordinance would eliminate most of the04Sting language and adopt the new Washington County Ordinance pertaining to subsurface sewage treatment systems by reference. In accordance with Minnesota Rules, the'City must adopt an ordinance within one year from the date of County approvaI:,Additionalithe City Council was asked to affirmatively consider entering into an agriernenf;with Washington County to provide subsurface sewage treatment systems inspection,§6ivi4g Planning Director Klatt pointed out, and recornfnended, amendments to the revised County regulations, The agteement will i*pla:q-ed in effect starting October 1, 2010. MOTION.. Council Member Siiiiiji:moved to adopt Ordinance No, 08-029 amending the Lake Elmo Individual'and,'Cbmmtinqy„Waste Water Treatment Systems Ordinance and adopting Chapt04 qfthe WaShingtqh'Couny Development Code (Subsurface Sewage Treatment SysteMS),by reference, including the recommended changes by the Planning Director, Mayor Johnston seconded the motion, The motion passed 5-0. MOTION. Council Merrib& Smith moved to adopt Resolution No. 2010-048 authorizing summary publication of Ordinance 08-029. Mayor Johnston seconded the motion, The motion passed 5-0, MOTION; Council Member Smith moved to authorize execution of an Agreement for Subsurface Sewage Treatment System Inspection Services to contract with Washington County to perform subsurface sewage treatment systems inspection services with the City of Lake Elmo. Mayor Johnston seconded the motion. The motion passed 5-0. The Council adjourned the meeting at 8:30 p.m. Respectfully submitted by Sharon Lumby, City Clerk LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 21, 2010 4 CITY OF LAKE AYOR & COUNCIL COMMUNICATION DATE: 10/05/2010 CONSENT ITEM #: 2 MOTION as part of Consent Agenda AGENDA ITEM: Approve Disbursements and Payroll in the Amount of $ 281,307.62 SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrato REVIEWED BY: City Staff SUMMARY AND ACTION. REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements and payroll in the amount of $ 281,307.62. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct minal business operation. Below is a summary of current claims to be disbursed and payroll to be paid in accordance with State law and City policies and procedures. ACH ACH ACH DD 3000 —DD 3014 36135 —36139 36140 - 36179 $ $ 244,742.45 Amount 7,058.23 1,189.77 3,838.10 21,497.57 2,981.50 T $:281,30762 Description Payroll Taxes to IRS 09/23/2010 Payroll Taxes to MN Dept. of Revenue 09/23/2010 Payroll Retirement to PERA 09/23/2010 Payroll Dated 09/23/2010 (Direct Deposit) Payroll Dated 09/23/2010 (Payroll) Accounts Payable Dated 10/05/2010 -- page 1 -- City Council Meeting Approval of Disbursements and Payroll October 5th, 2010 Consent Agenda Item #2 STAFF REPORT: City staff has complied and reviewed the attached set of claims.. All appears to be in order and consistent with City budgetary and fiscal policies and Council direction RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda proposed disbursements in the amount of $ 281,307.62. 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 October 5th, 2010 Disbursement and Payroll, as Presented [and modifiedj herein." ATTACHMENTS: 1. Accounts Payable Dated 09/30/2010 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Acrenda): 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. Administrator Printed: 09/30/2010 - 1:51 PM Batch: 004-09-2010 Invoice # Inv Amount Quantity Pmt Date Description ACS Animal Control Services 298 09/25/2010 101-420-2700-43150 Contract Services 298 Total: 727 09/22/2010 101-420-2700-43150 Contract Services 727 Total: ACS Total: ALL1EDGE Allied Generators 1054 09/12/2010 601-494-9400-44030 Repairs\Maint Imp Not Bldgs 1054 Total: ALL1EDGE Total: ARAM Aramark, Inc. 629-7077519 09/16/2010 101-430-3100 11170 Uniforms 629-7077519 Total: 629-7079317 09/20/2010 101-410-1940 11010 Repairs/Maint Contractual Bldg 629-7079317 Total: 629-7082157 09/23/2010 101-430-3100-44010 Repairs/Maint Bldg 629-7082157 Total: 629-7082158 09/23/2010 101-430-3100-44170 Uniforms 629-7082158 Total: ARAM Total: 473.53 0.00 I 0/05/201,0 Animal Control 9/17/10 473.53 592.00 0.00 10/05/2010 Animal Control 9/17/10 592.00 1,065.53 Reference Task Services 8/23/10- Services -8/23/10- 640.00 0.00 10/05/2010 24 V Charger Installed on Generator 640.00 640.00 22.97 0.00 10/05/2010 Uniforms 98.92 0.00 10/05/2010 Linen City Hall 101.79 0.00 10/05/2010 Mats, soap 22.97 0.00 10/05/2010 Uniforms 22.97 98.92 101.79 22.97 246.65 Type PO # Close POLine # No No No No No No No 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (09/30/10 - 1:51 PM) Page 1 invoice # Inv Date BIFFS Biffs Inc. W417563-W417572 09/22/2010 101-450-5200-44120 Rentals - Buildings W417563-W417572 Total: WW416107 09/21/2010 204-450-5200-44300 Miscellaneous WW416107 Total: BIFFS Total: BOUTHTOM Bouthilet Thomas Chk Req 09/27/2010 101-410-1910-44300 Miscellaneous Chk Req 09/27/2010 204-450-5200-44300 Miscellaneous Chk Req Total: BOUTHTOM Total: BOYER Boyer Trucks 444323 09/21/2010 101-430-3125-44040 Repairs/Maint Eqpt 444323 Total: BOYER Total: BURBBLAC Burberi Black Dirt, Inc. 13055 09/07/2010 411-480-8000-45200 Buildings and Structures 13055 Total: BURBBLAC Total: CAGERBIT C.A.Gerbitz co., Inc. 11685 09/13/2010 204-450-5200-44300 Miscellaneous 11685 Total: CAGERBIT Total: Amount Quantity Pint Date Description Reference Task Type PO # Close POLitne # 674_25 0.00 10/05/2010 Portable Restrooms 674.25 662.04 0.00 10/05/2010 Portable Restrooms Fall Festival 662.04 1,336.29 86.00 0.00 10/05/2010 Farmer's Market - Fall Festival 324.00 0.00 10/05/2010 Silly String - Fall Festival 410.00 410.00 180.88 0.00 10/05/2010 Alternator 98-2 180.88 180.88 160.31 0.00 10/05/2010 City Hall 160.31 160.31 75.00 0_00 10/05/2010 Water Ball Panels - Fall Festival 75.00 75.00 COLJNWOOD Countryside Wood Products 5058 09/22/2010 1,785.00 411-480-8000-45700 Office Equipment & Furnishings 5058 Total: 1,785.00 0.00 10/05/2010 Council Chambers Wings and Repairs No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (09/30/10 - 1:51 PM) Page 2 Invoice # liov Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # COUNWOOD Total: 1,785.00 CTYOAKDA City of Oakdale 201009242467 09/24/2010 285.82 0.00 10/05/2010 #2467, U2-Repair Exhaust No 0000 101-420-2220-44040 Repairs/Maint Eqpt 201009242467 Total: 285.82 201009242468 09/24/2010 112.00 0.00 10/05/2010 #2468, Ll, Repair airline No 0000 101-420-2220-44040 Repairs/Maint Eqpt 201009242468 Total: 112.00 CTYOAKDA Total: 397.82 EMERGAPP Emergency Apparatus Maint. INC 50984 09/09/2010 3,194.08 0.00 10/05/2010 Repairs to E2/3183 No 0000 101-420-2220-44040 Repairs/Maint Eqpt 50984 Total: 3,194.08 EMERGAPP Total: 3,194.08 FASTENAL Fastenal MNT1123024 09/15/2010 20.47 0.00 10/05/2010 Hardware No 0000 101-430-3100 11040 Repairs(Maint Eqpt MNT1123024 Total: 20.47 FASTENAL Total: 20.47 FERGUSON Ferguson Waterworks S01275226.001 09/17/2010 4,125.00 0.00 10/05/2010 Water Meter Installation Labor No 0000 601-494-9400-42300 Water Meters & Supplies S01275226.001 Total: 4,125.00 S01275560.001 09/21/2010 69.38 0.00 10/05/2010 New Water Meter Adapters No 0000 601-494-9400-42300 Water Meters & Supplies S01275560.001 Total: 69.38 FERGUSON Total: 4,194.38 Fresh FI Fresh Fields bakery & Cafe 7027 09/17/2010 520.00 0.00 10/05/2010 Dinner Rolls and Cakes for Fall No 0000 204-450-5200-44300 Miscellaneous Festival 7027 Total: 520.00 Fresh FI Total: 520.00 AP - To Be Paid Proof List (09/30/10 - 1:51 PM) Page 3 Invoice # Inv Date Amount Quantity Pnit Date Description Reference Task Type PO # Close POLine # FXL FXL, Inc. October 2010 10/01/2010 101-410-1320-43100 Assessing Services October 2010 Total: FXL Total: HARTMAN Hartman Homes Chk Req 09/24/2010 803-000-0000-22900 Deposits Payable Chk Req Total: HARTMAN Total: HAWKINS Hawkins, Inc. 3157659 RI 09/15/2010 601-494-9400-42160 Chemicals 3157659 RI Total: HAWKINS Total: 2,000.00 0.00 10/05/2010 Assessing Services - October 2010 2,000.00 2,000.00 2,000.00 0.00 10/05/2010 Escrow Return 10231 Tapestry #7269 2,000.00 2,000.00 1,039.13 0.00 10/05/2010 Hydroflousillcic Acid (floride) 1,039.13 1,039.13 No 0000 No 0000 No 0000 HRCON H & R Const. Co. 13137 09/14/2010 2,224.43 0.00 10/05/2010 Guard Rail Materials and Repairs No 0000 101-430-3120-43150 Contract Services 13137 Total: 2,224.43 HRCON Total: 2,224.43 LEAGMN League of MN Cities 144458 09/27/2010 6,912.00 0.00 10/05/2010 Annual Membership Dues 101-410-1320-44330 Dues & Subscriptions 144458 Total: 6,912.00 LEAGMN Total: 6,912.00 Lillie Newspapers Inc. Lillie Suburban 08/31/2010 08/31/2010 101-410-1450-43510 Public Notices 08/31/2010 Total: Lillie Total: 36.11 0.00 10/05/2010 Ord 08-028/CUP/Public Hearing 36.11 36.11 MALMQ Malmquist Greg 09/27/2010 09/27/2010 192.15 0.00 10/05/2010 Mileage-Zumbro Falls and Breezy 101-420-2220-44370 Conferences & Training Point 09/27/2010 Total: 192.15 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (09/30/10 - 1:51 PM) Page 4 Invoice # inv Date MALMQ Total: MCDONALD McDonald Construction Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req Total: MCDONALD Total: Amount Quantity Peat Date Description 192.15 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,500.00 2,000.00 19,500.00 19,500.00 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 Reference Escrow Return 4577 Lilly Ave #2565 Escrow Return 5403 Marquess Tr #2597 Escrow Return 9589 55th Street #2726 Escrow Return 120697 Marquess Ln #3007 Escrow Return 5291 Marquess Tr #3342 Escrow Return 12023 Marquess Ln #3125 Escrow Return 5203 Marquess Tr #3342 Escrow Return 5173 Marquess Tr #3361 Escrow Return 5307 Marquess Tr #3407 Escrow Return 5408 Marquess Tr #34I9 Escrow Return 12108 Marquess Tr #3437 Escrow Return 78I Jewel Ave #4645 Escrow Return 2998 Jonquil Tr #4917 Escrow Return 2915 Jonquil Tr #4949 Escrow Return 2936 Jonquil Tr #5959 Escrow Return 2943 Jonquil Tr #5965 Escrow Return 2995 Jonquil Tr #6542 Escrow Return 2911 Jonquil Tr #7168 Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (09/30/10 - 1:51 PM) Page 5 Invoice # Inv Date MESSELT Messelt Bruce Chk Req 09/28/2010 101-420-2400-44300 Miscellaneous Chk Req 09/27/2010 101-410-1910 44300 Miscellaneous Chk Req 09/27/2010 411-480-8000-45200 Buildings and Structures Chk Req Total: MESSELT Total: MICHAEL Michael Lee Inc. Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req 09/28/2010 803-000-0000-22900 Deposits Payable Chk Req Total: MICHAEL Total: MITCHELL Mitchell Paul 09/18/2010 09/18/2010 204-450-5200-44300 Miscellaneous 09/18/2010 Total: MITCHELL Total: MN NATIV Minnesota Native Landscapes 6187 10/22/2010 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 6187 Total: MN NATIV Total: NEXTEL Nextel Communications 761950227-090 09/18/2010 101-410-1940-43210 Telephone 761950227-090 09/18/2010 101-420-2220-43210 Telephone 761950227-090 09/18/2010 101-420-2400-43210 Telephone 761950227-090 09/18/2010 101-430-3100-43210 Telephone 761950227-090 09/18/2010 101-450-5200-43210 Telephone Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 26.52 553.44 57.17 637.13 637.13 0,00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 Code Enforcement Action - Hardy House Farmer's market - Fall Festival Council Floor Repairs 3,000.00 0.00 10/05/2010 Escrow Return 2978 Jonquil Tr #7444 2,000.00 0.00 10/05/2010 Escrow Return 2942 Jonquil Tr #7239 5,000.00 5,000_00 678.18 0.00 10/05/2010 Pig Roast - Fall Festival 678.18 678.18 275.00 0.00 10/05/2010 Sunfish Park Inspection 275.00 275.00 85.32 170,67 17.97 60.96 54.90 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 Cell Phone Service - Administration Cell Phone Service - Fire Department Cell Phone Service - Department Cell Phone Service - Dept Cell Phone Service Building Public Works - Parks Department No No No No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (09/30/10 - 1:51 PM) Page 6 , Invoice # Inv Date Amount Quantity Pmt Date Description Reference 761950227-090 09/18/20 I 0 101-410-1940-43210 Telephone 761950227-090 Total: NEXTEL Total: PITNEY Pitney Bowes 307692 11/22/0010 101-410-1940-44010 Repairs/Maint Contractual Bldg 307692 Total: PITNEY Total: RUD Prince-Rud Diane 10/29/2010 10/29/2010 101-410-1940-44010 Repairs/Maint Contractual Bldg 10/29/2010 10/29/2010 101-420-2220 11010 Repairs/Maint Bldg 10/29/2010 10/29/2010 101-410-1940-42110 Cleaning Supplies 10/29/2010 Total: RUD Total: SACHSBER Sachs Bernard 09/27/2010 09/27/2010 101-420-2220 11370 Conferences & Training 09/27/2010 Total: SACHSBER Total: SCHILLS Schill's Dumpster Svc Inc 7664 09/19/2010 204-450-5200-43150 Contract Services 7664 Total: SCHILLS Total: SMITHANN Anne Smith Chk Req 09/28/2010 204-450-5200-44300 Miscellaneous Chk Req Total: SMITHANN Total: -111.92 0.00 10/05/2010 Credit Adjustment 277.90 277.90 202.33 0.00 10/05/2010 Postage machine Rental 202.33 202.33 320.00 240.00 41.35 601.35 601.35 0.00 10/05/2010 0.00 10/05/2010 0.00 10/05/2010 Cleaning city Hall & Annex Cleaning Fire Hall Supplies 48.00 0.00 10/05/2010 Mileage -Forest Lake Fireground Command 48.00 48.00 338.68 0.00 10/05/2010 Dumpster for Fall Festival 338.68 338.68 1,528.17 0.00 10/05/2010 Fall Festival Silent Auction & Supplies 1,528.17 1,528.17 Task Type PO # Close POLine # No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (09/30/10 - 1:51 PM) Page 7 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # STCRTREE St. Croix Tree Service 60661 09/13/2010 358.03 0.00 10/05/2010 Cut and Remove EIm on Stillwater No 0000 I 01-430-3250-43150 Contract Services Lane 60661 Total: 358.03 STCRTREE Total: 358.03 TASCH T_A_ Schifsky & Sons Inc 50028 09/08/2010 399.00 0.00 10/05/2010 Asphalt No 0000 101430-3120-42240 Street Maintenance Materials 50028 Total: 399.00 Pay Cert #2 10/01/2010 178,076.80 0.00 10/05/2010 2010 Street Project - No 0000 409480-8000-45300 Improvements Other Than Bldgs Pay Cert #2 Total: 178,076.80 TASCH Total: 178,475.80 UNIRENNW United Rentals NW, Inc. 89913804-001 09/22/2010 354.25 0.00 10/05/2010 Concrete Saw Blade No 0000 I 01-410-1940-44010 Repairs/Maint Contractual Bldg 89913804-001 Total: 354_25 UNIRENNW Total: 354.25 WAS-TRAN Washington County 67292 09/23/2010 660.44 0.00 10/05/2010 Street Striping 101-430-3120-43150 Contract Services 67292 Total: 660.44 WAS-TRAN Total: 660.44 No 0000 WASRADIO WASHINGTON COUNTY 66456 09/24/2010 3,800.76 0.00 10/05/2010 1/4r1y user fee for 800 MHz radios No 0000 101-420-2220-43230 Radio 66456 Total: 3,800.76 WASRADIO Total: 3,800_76 YOCUM Yocum Oil Company, Inc. 193034 09/22/2010 1,321.20 0.00 10/05/2010 Oil Fill 101-430-3100-42120 Fuel, Oil and Fluids 193034 Total: 1,321.20 YOCUM Total: 1,321.20 No 0000 AP - To Be Paid Proof List (09/30/10 - 1:51 PM) Page 8 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # ZIERTMAN loan Zeman 09/24/2010 09/24/2010 55.00 0.00 10/05/2010 Farmers market Fall Festival No 0000 101-410-1320-44300 Miscellaneous 09/24/2010 Total: 55.00 ZIERTMAN Total: 55.00 ZIMMICK Zimmick Christopher Chk Req 09/24/2010 2,000.00 0.00 10/05/2010 Escrow Return 10042 Tapestry #7139 - No 0000 803-000-0000-22900 Deposits Payable Chk Req Total: 2,000,00 ZIMMICK Total: 2,000.00 Report Total: 244,742,45 AP - To Be Paid Proof List (09/30/10 - 1:51 PM) Page 9 =OF .4 LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: 10/05/2010 CONSENT ITEM #: 3 MOTION as part of the Consent Agenda AGENDA ITEM: 2010 Street and Water Quality Improvements — Partial Payment No. 2 SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Bruce A Messelt, City Administrator REVIEWED BY: Tom Bouthilet, Finance Director Jack Griffin, City Engineer SUMMARY AND ACTION REOUESTED: The City Council is asked to approve partial payment to T.A. Schifsky and Sons, Inc., the Contractor for the 2010 Street and Water Quality Improvements project. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda, BACKGROUND INFORMATION: The Contractor submitted Partial Payment Certificate No. 2 in the amount of $178,076.80. This request has been reviewed and payment is recommended in the amount requested. Of note: 5% of the work completed for Partial Payment Certificate No, 2 has been retained in the amount of $19,825,47 in accordance with the Contract documents. RECOMMENDATION: Based upon the above information, it is recommended that the City Council approve as part of tonight's Consent Agenda Partial Payment No. 2 in the amount of $178,076.80. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda, table this item for future consideration, or further discuss and deliberation prior to taking action. If the latter is done so, the appropriate action of the Council following such discussion would be: "Move to authorize Partial Payment No. 2 in the amount of $178,076.80 to be paid from the Project Fund for the 2010 Street and Water Quality Improvements project [as amended and/or modified at tonight's meeting]." -- page 1 — City Council Meeting 2010 Street Improvements — Partial Payment No, 1 October 5th, 2010 Consent Agenda Item # 3 s' 4 ATTACHMENTS: Payment Certificate No. 2 SUGGESTED ORDER OF BUSINESS (ifremoved from the Consent Azettda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion ...... .......... ..... ................. ..... ............... ........ Mayor Facilitates page 2 -- TKDA 114101'4; iililltlatlEitilipt1.11146111111iMIlt The right time. The right peeple. The right ocimpav 444 Cedar Street, Suite 1800 Saint Paul, MN 55101-2140 (651) 292-4490 (651) 292-0083 Fax www.tkda,com Proj. No. 14504.001 Cert. No. 2 St. Paul, MN, September 30 .2010 To City of Lake Elmo. Minnesota Owner This Certifies that T.A, Schifsky and Sons. Inc. Contractor For 2010 Street and Water Quality Improvements Is entitled to One Hundred Seventy Eight Thousand Seventy Six Dollars 80/100 ($178.076.80) being 2nd estimate for partial payment on contract with you dated June 4 Received payment in full of above Certificate. T.A. Schifsky and Sons, Inc. , 2010 Ryan'. , P.E: RECAPITULATION OF ACCOUNT Contract price plus extras All previous payments All previous credits Extra No. Change Order No. 1 Credit No. AMOUNT OF THIS CERTIFICATE CONTRACT PLUS EXTRAS PAYMENTS 425,565.41 8,805.00 Totals 434,370.41 $ Credit Balance There will remain unpaid on contract after payment of this Certificate Is 434,370.41 I $ 198,607.11 178,076,80 376,683.91 $ 57,686.50 434,370.41 II $ , 2010 CREDITS An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TKDA Engineering -Architecture -Planning PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No, 2 Period Ending September 30 , 20 10 Page 1 of 1 Proj. No, 14504,001 Contractor T.A. Schifskv and Sons, Inc. Original Contract Amount $ 425,565.41 Project 2010 Street and Water Oualitv Improvements Location City of Lake Elmo, Minnesota Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed Approved Extra Orders Amount Completed Total Amount Earned This Estimate Less Approved Credits Less 5 % Retained Less Previous Payments Total Deductions Amount Due This Estimate Contractor T.A. Scliifskyaad Sons, Inc. 0.00 396,509.38$ 0.00 0.00 396,509.38 0.00 19,825.47 198,607.11 218,432.58 Date 178,076.80 Engineer Date September 30, 2010 pslci, P.E. ESTIMATE NO.2 2010 STREET & WATER QUALITY IMPROVEMENTS CITY OF LAKE ELMO. MINNESOTA TKDA PROJECT NO. 14504.001 ITEM NO. 11 123 4 15 16 DESCRIPTION JANE NORTH ROAD MOBILIZATION TRAFFIC CONTROL SILT FENCE INLET PROTECTION SALVAGE & REINSTALL MAILBOX CLEAR & GRUB TREE 7 SALVAGE & REINSTALL SIGN 8 SAWCUT PAVEMENT (ALL TYPES) 9 REMOVE & DISPOSE OF EXIST, BITUMINOUS PAVEMENT (DRIVEWAY) 1D REMOVE & DISPOSE OF EXIST. PAVEMENT (STREETS) 11 REMOVE & DISPOSE OF EXIST. STORM SEWER MANHOLE 12 REMOVE & DISPOSE OF EXIST. STORM SEWER (ALL TYPES & SIZES) 13 COMMON EXCAVATION (P) 14 SUB GRADEPREPARATION 15 PLACE & COMPACT RECLAIMED MATERIAL {FROM OTHER SITES) (LVI 16 2380 TYPE LV 3 BITUMINOUS NON -WEARING COURSE 17 2360 TYPE LV 4 BITUMINOUS WEARING COURSE 10 BITUMINOUS MATERIAL FOR TACK COAT ' 19 2"- 2350 TYPE LV 4 BITUMINOUS WEARING COURSE, DRIVE 20 SAW & SEAL STREET (40' INTERVALS) 21 0412 CONCRETE CURB & GUTTER 22 12" RCP CL. 5 STORM SEWER PIPE 23 48" DIAMETER MANHOLE, TYPE 406S (0'-10' DEPTH) 24 CATCH BASIN, TYPE 4045 25 4" PERFORATED PVC EDGE DRAIN WIBACKFILL & WRAP 26 EROSION STABILIZATION MAT, CL. 2 27 DITCH CHECK 28 INFILTRATION DITCH 29 )RAIN GARDEN 30 RAIN GARDEN WISUMP 31 MnDOTSEED MIX 328 W/ FERTILIZER & WOOD FIBER BLANKET SHORT GRASS WOODS EDGE SAVANNA WIENHANCEMENTAND WOOD 32 FIBER BLANKET 33 SODDING SUBTOTAL JANE NORTH ROAD 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 123 124 125 125 ISLE AVENUE NORTH MOBILIZATION 'TRAFFIC CONTROL SILT FENCE INLET PROTECTION SALVAGE & REINSTALL MAILBOX SAWCUT PAVEMENT (ALL TYPES) REMOVE & DISPOSE OF EXIST, BITUMINOUS PAVEMENT (DRIVEWAY) REMOVE & DISPOSE OF EXIST. CONCRETE PAVEMENT(DRIVEWAY) SUBGRADE CORRECTION LOAD & HAUL RECLAIMED MATERIAL (LV) RECLAIM EX. BIT. AND BASE MATERIALS SUBGRADE PREPARATION OF RECLAIMED SURFACE 2360 TYPE LV 3 BITUMINOUS NON -WEARING COURSE 2360 TYPE LV 4 BITUMINOUS WEARING COURSE BITUMINOUS MATERIAL FOR TACK COAT 2". 2380 TYPE LV 4 BITUMINOUS WEARING COURSE, DRIVE 6" CONCRETE DRIVE SAW & SEAL STREET(40' INTERVALS) D412 CONCRETE CURB & GUTTER SAWCUT INLET CL. 3 RIPRAP W/ GEOTEXTILE FILTER FABRIC EROSION STABILIZATION MAT, CL, 2 DITCH GRADING RAIN GARDEN MnDOT SEEDMIX 250WI FERTILIZER & WOOD FIBER BLANKET SODDING SUBTOTAL ISLE AVENUE NORTH UNIT LS LS LF EA EA EA EA LF SY SY EA LF CY RS CY TN TN GAL SY LF LF LF EA EA LF SY EA LF EA EA SY SY SY LS LS LF EA EA LF SY SY SY CY SY RS TN TN GAL SY SY LE LF EA CY SY LF EA SY SY PERIOD ENDING: Seplember 30. 2010 f 1 i 1 CONTRACT QUANTITY UNIT AMOUNT I QUANTITY TO DATE PRICE TO DATE 1 1 1.0 $ 3,590.90 $ 3,600,001 1 1.0 $ 309.00 $ 309.00 455 934.0 $ 2.06 $ 1,924.04 2 5.0 $ 82.40 $ 412.00 11 11.0 $ 65,95 $ 736,45 2 7.0 $ 206.00 $ 1,442.00 3 - I $ 123.60 $ - 318 297.0 I $ 1,03 $ 305,91 195 348.0 I $ 1.55 $ 539.401 2487 2,48.7,0 I $ 1.13 $ 2,810.31 2 2.0 I $ 518.00 $ 1,236,00 22 22.0 I $ 15.54 $ 407.88 1370 1,370.0 i $ 7.73 $ 10,580.10 10 10.0 i $ 169.95 $ 1.699.50 I 1046 611.0 I $ 4,12 $ 2,517.32 210 203,0 1 $ 57,57 $ 11,655.71 210 210,0 I $ 57,57 $ 12,089.70 117 115.0 $ 2.06 $ 238,90 195 348,0 $ 10.61 I $ 3,692,20 497 - $ 1.67 $ - 2140 2,130,0 $ 7.93 $ 22 22,0 $ 30,90 $ 1 1.0 $ 2,266.00 $ 2,268.0D 1 1.0 $ 1,957.00 $ 1,957.00 24 24.0 $ 9.27 $ 222.40 49 49,0 $ 5,15 I $ 252.35 3 , 3.0 $ 412.00 I $ 1,236.00 125 125,0 $ 20.60 1 $ 2,575,00 1 1,01 $ 927.00 $ 927,00 2 2.0 I $ 1,442,50 $ 2,684,00 175 80,0 I $ 3.61 $ 280,60 90 432 - $ 4.64 $ - 662 660,0 $ 2,55 $ 1,702.80 $ 88,017,63 14 341 134 60 I 1440 I 414 6520 I 16 517 517 289 156 60 1121 I 3304 I 35 1 78 1080 I 1.0 $ 4.444.00 0 4.444.00 4 1.0 $ 306.00 $ 306.00 202.0 .-$ 1,02 $ 206.04 3.0 $ 81.60 $ 244.50 14.0 $ 86.70 i $ 1,213.80 252.0 $ 1,15 I $ 289.50 155.0 $ 1.53 $ 237.15 7,0 $ 3.06 $ 21.42 1,525.0 $ 3,06 I $ 4,675.68 $ 5.97 $ - 6,747.0 $ 0.87 $ 5,06989 16.0 $ 102,00 $ 1,632.00 544,0 $ 56.50 $ 39,736,00 525.7 $ 66,50 $ 28,704.31 145.0 $ 2.04 $ 295.50 103.0 $ 10.51 $ 1,082.83 3.0 $ 31.62 $ 94,66 • I$ 1.65 $ - 3,265.0 $ 7.65 $ 25,132.25 - $ 25,50 $ - 4A $ 112,20 $ 446,80 6,0 $ 10.20 $ 61,20 35.0 $ 9.18 $ 321.30 1.0 $ 918,00 $ 918.00 650.0 $ 3.57 $ 2,320.50 1,053.0 $ 3.06 $ 3,222.18 $ 113,476,31 Page 1 19 110 111 12 13 14 15 15 17 18 19 ESTIMATE NO. 2 2010 STREET & WATER QUALITY IMPROVEMENTS ICITY OF LAKE ELMO, MINNESOTA 1TKDA PROJECT NO, 14504,001 ITEM INO. DESCRIPTION 53RD STREET NORTH 1 MOBILIZATION 2 TRAFFIC CONTROL 3 SILT FENCE 4 INLET PROTECTION 5 SAWCUT PAVEMENT (ALL TYPES) 6 REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT (DRIVEWAY\ 7 REMOVE & DISPOSE OF EXIST. CONCRETE PAVEMENT (DRIVEWAY) B REMOVE & DISPOSE OF EXIST. STORM SEWER MANHOLE 9 REMOVE & DISPOSE OF EXIST. STORM SEWER (ALL TYPES & SIZES) 10 SUBGRADE CORRECTION _ 11 LOAD & HAUL RECLAIMED MATERIAL (LV) 12 RECLAIM EX. BIT. AND BASE MATERIALS 13 SUBGRADE PREPARATION OF RECLAIMED SURFACE 14 2360 TYPE LV 3 BITUMINOUS NON -WEARING COURSE 15 2360 TYPE LV 4 BTUMINOUS WEARING COURSE 16 BITUMINOUS MATERIAL FOR TACK COAT 17 2". 2360 TYPE LV 4 BITUMINOUS WEARING COURSE, DRIVE 1B 6"CONCREII_DRIVE 19 REMOVE & REPLACE BITUMINOUS FLUME 20 SAW & SEAL STREET (40 INTERVALS), 21 CONNECT DRAINTILE TO EXISTING STORM SEWER 22 ADJUST CATCH BASIN CASTING & INSTALL CONCRETE WINGS 23 12' RCP CL. 6 STORM SEWER PIPE 24 46" DIAMETER MANHOLE, TYPE 4065 (0-10' DEPTH) 25 CATCH BASIN, TYPE 404S 26 4" PERFORATED PVC EDGE DRAIN W/BACKFILL & WRAP 27 EROSION STABILIZATION MAT, CL, 2 28 RAIN GARDEN 29 SODDING SUBTOTAL 53RD STREET NORTH 6TTH STREET NORTH 1 MOBILIZATION 2 TRAFFIC CONTROL 3 SILT FENCE 4 INLET PROTECTION 5 SAWCLTr PAVEMENT (ALL TYPES) 6 REMOVE & DISPOSE OF EXIST, BITUMINOUS PAVEMENT (DRIVEWAY) 7 SUBGRADE CORRECTION e LOAD & HAUL RECLAIMED MATERIAL (LV) RECLAIM EX. BIT. AND BASE MATERIALS SUBGRADE PREPARATION OF RECLAIMED SURFACE 2960 TYPE LV 3 BITUMINOUS NON -WEARING COURSE 2360 TYPE LV 4 BITUMINOUS WEARING COURSE BITUMINOUS MATERIAL FOR TACK COAT 2"- 2360 TYPE LV 4 BITUMINOUS WEARING COURSE, DRIVE SAW & SEAL STREET (40' INTERVALS) CONNECT DRAINTILE TO EXISTING STORM SEWER ADJUST CATCH BASIN CASTING & INSTALL CONCRETE WINGS 4" PERFORATED PVC EDGE DRAIN W/BACKFILL & WRAP SODDING SUBTOTAL S7TH STREET NORTH PERIOD ENDING: SeMember 30, 2010 CONTRACT QUANTITY UNIT AMOUNT UNIT QUAN MY IY TO DATE PRICE TO DATE LS 1 1.0 $ 4,00000 $ 4,000.00 LS 1 1.0 $ 306.00 $ 305.00 LF 105 138.0 $ 2.04 $ 277.44 EA _ _ 6 7,0 $ 91.60 $ 571.20_ LF 445 351,0 $ 1.02 $ 358.02 SY 197 196.0 $ 1.53 $ 299,88 SY 35 $ 3.06 $ EA 2 2,0 $ 714,00 $ 1,428.00 LF 30 30.D $ 7.14 $ 214.20I SY 2520 - $ 3.06 $ - CY 411 368.0 , $ 6.12 $' 2,252.16 SY 10500 10,700,0 I $ 0.77 $ 8,239.00 RS 32 32.0 ! $ 85.00 $ 2,720.00 TN 1,064 1,042.7 $ 56.00 $ 58,390.64 TN 876 890.0 $ 56.00 $ 49,840.00 GAL 49D 380,0 $ 2.04 $ 775.20 SY 1 217 189.0 $ 10.51 $ 1,986,3E SY 35 - $ 33.66 $ - EA 2 2.0 $ 102.00 $ 204.00 LF 2205 - $ 1.65 $ - EA 1 1.D $ 306,00 $ 306.001 EA 6 6.0 $ 153.00 $ 918.001 LF 30 30.0 $ 27.54 $ 826.201 EA 1 1,0 $ 2,244.00 $ 2,244.0D EA 1 1.0 $ 1,734.00 $ 1,734.00 LF 15 20.0 $ 15,30 $ 306.00 SY 12 6,0 $ - 6.12 $ 36.72 EA 2 1.0 $ 918.00 $ 918.00 SY 2,270 2,651.0 1 $ 2.55 $ 6,750.05 $ 145,911.10 LS 1 1.0 $ 2,000.0D $ 2,000.00 LS 1 1.0 $ 306.00 $ 306.00 LF 80 37,0 $ 2.04 $ 75,49 EA 2 2,0 $ 81.60 $ 163.20 LF 196 187.0 $ 1.02 $ 100.74 SY 89 59.D $ 2,04 , $ 101.55 SY 693 663.0 $ 3.06 $ 2,080.98_ CY 233 128,0 $ 5,97 9 764.18 SY 3,767 3,767.0 $ 0,77 $ 2,900.59 I RS 11 11.0 $ 61,60 $ 997.60II TN 362 371.0 $ 57,57 $ 21,359.47 TN 314 - $ 57.57 $ - GAL 176 $ 2.04 $ - SY 89 76.0 . $ 10.51 $ 799,76 LF 791 $ 1.85 $ EA 4 2.0 $ 255.00 $ EA 2 2.0 $ 153.00 $ LF-- 380 422.0 $---10,20, $ SY 753 648.0 $ 2.55 I $ CHANGE ORDER NO. 1 1 CL. 5 AGGREGATE BASE TN 597 707.0 SUBTOTAL CHANGE ORDER NO. 1 TOTAL ESTIMATE NO. 2 61000 306,00 4,304,40 1,652.40 $ 38,499.34 15.00 $ 10605.03 $ 10,605.00 $ 398,50 Page 2 A AGENDA ITEM: SUBMITTED BY: THROUGH: 'OR & COUNCIL COMMUNICATION DATE: CONSENT ITEM #: MOTION 10/05/2010 2A- Supplemental as part of Consent Agenda Approve Disbursements and Payroll in the Amount of $ 61,538.07 Tom Bouthilet, Finance Director Bruce Messelt, City Administrato REVIEWED BY: City Staff SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements and payroll in the amount of $ 61,538.07. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda, BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a summary of current claims to be disbursed and payroll to be paid in accordance with State law and City policies and procedures. Claim # ACH ACH ACH DD 3000 —DD 3014 36180 — 36182 36183 - 36192 36193 - 36203 36204 - 36208 Amount 6,880.01 1,151.79 3,708.51 21,114.23 14,158.58 12,369.06 0.00 2,155.80 TOTAL $ 61,538.07 Description Payroll Taxes to IRS 10/07/2010 Payroll Taxes to MN Dept. of Revenue 10/07/2010 Payroll Retirement to PERA 10/07/2010 I Payroll Dated 10/07/2010 (Direct Deposit) Payroll Dated 10/07/2010 (Payroll) Accounts Payable Dated 10/05/2010 Void Checks Accounts Payable Dated 10/05/2010 ---' -- page 1 -- City Council Meeting Approval of Disbursements and Payroll October 5th, 2010 Consent Agenda Item #2A 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 $ 61,538.07. 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 October 5th, 2010 Disbursement and Payroll, as Presented [and modified] herein." ATTACHMENTS: 1. Accounts Payable Dated 10/05/2010 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Auenda): 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: 10/104/20I 0 - I :16 PM Batch: 002-10-2010 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # ACTION Action Rental, Inc. 199 09/30/2010 998.21 0.00 10/05/2010 Tent, Table-% & Chair Rental - Fall Fest 204-450-5200-44300 Miscellaneous 199 Total: 998.21 ACTION Total: 998.21 ALLIED Allied Electrical Cont.. Inc. 1067 09/21/2010 101-420-2220-44010 Repairs/Main t Bldg 1067 Total: ALLIED Total: 895.00 0.00 10/05/2010 Repair Building and flag lights St #2 895.00 895.00 ASPENMI Aspen Mills, Inc. 100272 09/09/2010 112.40 0.00 10/05/2010 Uniforms Robin Goodspeed 101-420-2220-44170 Uniforms 100272 Total: 112,40 100529 09/09/2010 109.95 0.00 10/05/2010 Bunker Boots Dick Sachs 101-420-2220-42400 Small Tools & Equipment 100529 Total: 109.95 CM2196 09/09/2010 -109.95 0.00 10/05/2010 Bunker Boots 101-420-2220-42400 Small Tools & Equipment CM2196 Total: -109.95 ASPENMI Total: 112.40 No 0000 No 0000 No 0000 No 0000 No 0000 C&J CONS C & J Consulting Services, LLP 09-2010 10/04/2010 3,537.50 0.00 10/05/2010 Monthly Accounting Services - Sept No 0000 101-410-1520-43150 Contract Services 2010 09-2010 Total: 3,537.50 C&J CONS Total: AP - To Be Paid Proof List (10/04/10 - 1:16 PM) 3.537.50 Page 1 Invoice # Inv Date CENCOLLE Century Cam 3 86376 10/0712010 101-420-2220-44370 Conferences & Training 386376 Total: CENCOLLE Total: COLEMER Colemer Jamie Chk Req 09/1212010 101-430-3100-44170 Uniforms Chk Req Total: COLEMER Total: COMPENSA Compensation Consultants. Ltd 09/27/2010 09/27/2010 101-410-13 0-44300 Miscellaneous 09/27/2010 Total: COMPENSA Total: EMERGAPP Emergency Apparatus Maint. INC 49537, 49540 07/08/2010 101-420-2220-44040 Repairs/Maint Eqpt 49537. 49540 07/08/2010 101-420-2220-44040 Repairs(Maint Eqpt 49537, 49540 Total: EMERGAPP Total: EMMONS A Emmons Alex 09/07/2010 09/0712010 101-410-1450-43620 Cable Operations 09/07/2010 Total: 09/21 /20 I 0 09/21/2010 I 01-410-1450-43620 Cable Operations 09/21/2010 Total: EMMONS A Total: MAINSTRE Main Street Homes & Remodeling Chk Req 10/01/2010 803-000-0000-22900 Deposits Payable Chk Req Total: AP - To Be Paid Proof List (10/04110 - 1:16 PM) Amount Quantity Pmt Date Description Reference Task Type PO # Coe POLine # 2,700.00 0.00 10/05/2010 6 Fire Ground control, 3 Public Safety - 2,700.00 2,700.00 42.96 0.00 10/05/2010 Uniforms 42.96 42.96 40.00 0.00 10/05/2010 Monthly Admin Fee - October 2010 40.00 40.00 582.78 350.21 932.99 932.99 0.00 10/05/2010 Repairs to U2/3187 0.00 10/05/2010 Repairs to E2/31 83 55.00 0.00 10/05/2010 Cabled City Council Meeting 9/7/10 55.00 55.00 0.00 10/05/2010 Council Meeting 912112010 55.00 110-00 3,000.00 0.00 10/05/2010 Escrow Return 9997 Tapestry Grove N 3,000.00 No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 Page 2 invoice # Inv Date Amount Quantity Prot Date Description Reference Task Type PO # Close POLine # MAINSTRE Total: 3,000.00 PRESS Press Steven 09/27/2010 09/27/2010 101-410-1450-43620 Cable Operations 09/27/2010 Total: PRESS Total: 58.88 0.00 10/05/2010 PZ Meeting - Cabled 58.88 58.88 ROGERS Rogers Printing Services, Corp 17366 09/23/2010 424.00 0.00 10105/2010 Envelopes 101-410-1320-42030 Printed Forms 17366 09/23/2010 1,373.64 0.00 10/05/2010 -Newsletter 101-410.1450-43090 Newsletter 17366 Total: 1,797.64 17380 09/27/2010 39.54 0.00 10/05/2010 Business Cards - Admin Messelt 101-410-1320-42030 Printed Forms 17380 Total: 39.54 ROGERS Total: 1,837.18 S&T S&T Office Products, Inc. 010E9335 09/17/2010 105.65 0.00 10/05/2010 Supplies/Fall Fest/Elections/office 101-410-1320-42000 Office Supplies 010E9335 Total: 105.65 S&T Total: 105.65 No 0000 No 0000 No 0000 No 0000 No 0000 SCHWAAB Schwaab, Inc. A40617 09/07/2010 57.29 0.00 10/05/2010 Office Supplies - Stompers No 0000 10I-410-1320-42000 Office Supplies A40617 Total: 57.29 SCHWAAB Total: 57.29 WITTER Witter Nick 10/01/2010 10/01/2010 96.89 0.00 10/05/21/10 Payroll Reimbursement Check No 0000 101-420-2220-41030 Part-time Salaries returned 10/01 /2010 Total: 96.89 WI yi ER Total: 96.89 Report Total: 14,524.95 AP - To Be Paid Proof List (10/04/10 - 1:16 PM) Page 3 CITY OF LAKE ELMO A YOR & COUNCIL COMMUNICATION DATE: 10/05/2010 CONSENT ITEM #: 4 MOTION as part of the Consent Agenda AGENDA ITEM: 2010 Crack Seal Project — Consideration of Quotes and Awarding a Contract Ryan Stempski, Assistant City Engineer Bruce A Messelt, City Administrato SUBMITTED BY: THROUGH: REVIEWED BY: Tom Bouthilet, Finance Director Mike Bouthilet, Public Works Superintendent Jack Griffin, City Engineer 1,1 SUMMARY AND ACTION REOUESTED: The Council is respectfully requested to accept the quotes and award a contract for the 2010 Crack Seal Project. Please see the attached 2010 Crack Sealing Project map for the streets that will be crack sealed with this project and subsequently seal coated next year; for a combined recommended maintenance construction budget of S100,000. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The Public Works and City Engineering staff jointly develops and maintain an annual street maintenance program (see the attached Street Maintenance Program map). A five year program was developed a few years back recommending an average annual budget in the amount of $125,000 to cover routine crack sealing and seal coat treatments. Each year, Public Works and Engineering staff review the maintenance plan to verify the plan recommendations and priorities for the upcoming year. Last year, the crack seal and seal coat treatments for each street segment were applied in separate construction seasons to improve the overall results. Best pavement management practices have been established that require the crack sealing to be placed one construction season in advance of the seal coat treatment. This allows the crack sealing to fully adhere to the pavement surfaces prior to the sealcoat cover. This practice also allows the Public Works staff to perform minor patching and leveling to streets prior to seal coating. STAFF/FINANCE REPORT: The draft 2011 budget, approved by the City Council on September 7, 2010, has recommended a $100,000 street maintenance budget for due to the -- page 1 -- City Council Meeting 2010 Crack Seal Project — Accepting Quotes and Awarding a Contract October 5th, 2010 Consent Agenda Item # 4 economic conditions and the need to reduce costs. Therefore a few street segments, originally planned for maintenance in 2011, have been removed from the recommended project based upon staff review, The streets that have been deferred include 15th Street from Inwood Avenue to West City Limits, 9th Street North, Jasmine Avenue Place North, and Julep Court North. Quotes were received on September 29, 2010. Four competitive quotes were received. The lowest responsible quote was submitted by Gopher State Sealcoat, Inc. for the total amount of $12,420.00. This equates to $1.38 per pound of crack sealant material which is a competitive price based on similar projects. Funds for the 2010 Crack Seal Project, and subsequently for the 2011 Seal Coat project would be paid from the Infrastructure Fund. RECOMMENDATION: Based upon the above information, it is recommended that the City Council accept the quotes and award the contract for the 2010 Crack Seal Project in the amount of $12,420.00 as part of tonight's Consent Agenda Alternatively, the City Council does have the authority to remove this item from the Consent Agenda, table this item for future consideration, or further discuss and deliberation prior to taking action. If the latter is done so, the appropriate action of the Council following such discussion would be: "Move to Award a Contract for the 2010 Crack Seal Project to Gopher State Sealcoat, Inc. in the amount of $12,420 /as amended and/or modified at tonight's meeting]." ATTACHMENTS: (3) 1, Engineer's Letter of Recommendation for Award of Contract 2. 2010 Crack Sealing Project Map 3. Street Maintenance Program Map SUGGESTED ORDER OF BUSINESS (if removed from the Consent Aeenda): Questions from Council to Staff Mayor Facilitates Call for Motion . ..... .................. ................... ................. Mayor & City Council Discussion Mayor & City Council Action on Motion......... .................. .......... ....... ............... ...... Mayor Facilitates -- page 2 — 14:111. Iv I I .1 I., II 1.1,1.1 III ENGINEERS ARCHTE.e PLANNERS September 30, 2010 Honorable Mayor and City Council City of Lake Elmo, Minnesota 55042 Re: 2010 Crack Seal Project City of Lake Elmo, Minnesota TKDA Project No. 14575.001 Dear Mayor and City Council: 444 Cedar Street, Suite 1500 Saint Paul, MN 55101-2140 (651) 292-4403 (631) 292-0083 Fax www,tkda.carn Quotes for the above referenced project were received on September 29, 2010 at 4:00pin via fax with the following results. A complete Tabulation of Quotes is enclosed for your inform.ation. Contractor Quote Amount Gopher State Sealcoat, Inc. $12420 . Asphalt Associates Inc. $12,510 Fahrner Asphalt Sealers, in . $15,660 Allied Blacktop Company $16,110 Engineers Estimate $13,500 Recommendation We recommend a Contract be awarded to the lowest responsible quoter Gopher State Sealcoat, Inc., in tbeamountof $12,420, Please do not hesitate to call me with any questions or comments you may have. Sincere] Ryan W. Ste pski, P.E:" Assistant City Engineer DMK: Enclosure Cc: Bruce Messelt, City Administrator Jack Griffin, City Engineer An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TABULATION OF BIDS 2010 CRACK SEAL PROJECT CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 14575.001 QUOTES RECEIVED: SEPTEMBER 29, 2010 by 4:00 P.M. 'DENOTES ERROR IN BIDDERS CALCULATION TEM NO. DESCRIPTION 1 ROUTE AND SEAL CRACKS ITOTAL BID AMOUNT ENGINEERS ESTIMATE UNIT TOTAL QUANTITY UNIT PRICE AMOUNT 0,000 I-13S $ 1.50 13,500.00 $ 13,500.00 TKDA EV:GREEK " ARONTE6TS. • PLANNERS GOPHER STATE SEALCOAT UNIT TOTAL PRICE AMOUNT 1. 12,420.00 12,420.00 I ASPHALT ASSOCIATES UNIT TOTAL PRICE AMOUNT 1.35 $ 12,510.00 I $. 12,510.00 Page 1 TABULATION OF BIDS 2010 CRACK SEAL PROJECT CITY OF LAKE ELMO. MINNESOTA TKDA PROJECT NO. 14575,001 QUOTES RECEIVED: SEPTEMBER 29, 2010 by 4:00 P.M. 'DENOTES ERROR IN BIDDERS CALCULATION TEM NO.1 DESCRIPTION ROUTE AND SEAL CRACKS TOTAL BID AMOUNT FAHANER ASPHALT SEALERS ALLIED BLACKTOP UNIT TOTAL UNIT TOTAL QUANTITY 1 UNIT PRICE AMOUNT PRICE AMOUNT 9,000 TKDA ENGWEERS ARCHITECTS - MANNERS 1.74 $ 15,650,00 1.79 $ 15,110.00 $ 15,660.00 I $ 16,110.00 Page 2 rtrr osr-RE1' P,,nr,r,F1ErAAA f Stillwater City o-w 173 hip , • -,--- " — I . 4. 4 . ; ; , ,,• I ' '., ' ,.; ,,,,,,,.., ,, :,'..';'' .',I -7Fri.1 1.4,..'r.1,„4. ,-' ' . 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' 1 i 1,11.X fi'010 REVWX..11, rr' • WHIptING , . . , : ••• ; EGON; LN CT IV, ROSN ; • ; IAKE.:. • dak;1ai-rd' . • aupicit High ; E ); of P7o. otibtfri7 •,+ rr „. •-rr STREET MAINTENANCE PROGRAM MAP CRACK SEAL YEAR SEALCOAT YEAR 2009 ImInzioP 2010 2010 '"771";77 2011 2011 2012 31r71.7r1 2012 07gnm31 2013 City Hall 3500 Laverne Avenue N A511777-5510 nww.lekeerrno-org Public Works Building 9445 Ideal Ave N 651E233-5414 Fire Stations Station No.1 1510 Laverne Ave N 551770-3006 Station No.2 4259 Jamace Ave N 651/779-5882 Schools Parcels Subdivisions City Parks Goff Course f , Trt 7 ship kOTN ST N Afrport Wet C-14-4-,-11•426 -01r 17511 7 r ft of 0 0.15 0.3 0.6 .1 . .11161.„.,11. Miles Lake Elmo Regional Park Reserve Park Mice Created By $51 /430-8368 Lakes Map Date: September 2011 A ENGINEERS • ARCHITECTS PLANNERS AYQ13 & COUNCIL COMMUNICATION DATE: 10/05/2010 CONSENT ITEM #: 5a MOTION as part of the Consent Agenda AGENDA ITEM: 2011 Street and Water Quality Improvements— Authorization for Geotechnical Services SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Bruce A. Messelt, City Administrato REVIEWED BY: Jack Griffin, City Engineer Tom Bouthilet, Finance Director SUMMARY AND ACTION REOUESTED: In order to provide a complete Engineering Recommendation for the 2011 Street and Water Quality Improvements Feasibility Report, including the most feasible course of action, a geotechnical evaluation (soil borings) must be obtained to determine the subsurface condition of the roadway. To undertake this, the recommended motion to act on this is as follows: "Move to Authorize American Engineering Testing, inc. to Perform Geotechnical Services fo the 2011 Street and Water Quality Improvements in the Amount of $5,600." BACKGROUND INFORMATION: Conduct of the 2011 Street arid Water Quality Improvements Feasibility Report was authorized at the September 21, 2010 City Council meeting. Tonight's action is part of the undertaking of this Report. Of note: Pursuant to the City Council direction from September 21st, proceeding beyond completion of this report is dependent upon City Council consideration and direction regarding an upcoming report from the Assessment Subcommittee. The next meeting of the Subcommittee is scheduled for October 5th; with a verbal update scheduled to be provided at tonight's City Council meeting. STAFF REPORT: Geotechnical services are necessary at this time to obtain the existing in place subsurface conditions within the project limits so that a preliminary project scoping study can be completed. The scoping study is necessary to evaluate if a lower cost reclaim improvement is feasible or if a more expensive full reconstruction of the street base is required. -- page 1 — City Council Meeting 2011 Street & Water Quality Improvements - Authorization for Geotechnical Services October 5th, 2010 Consent Agenda Item # 5a To obtain the necessary subsurface investigation, 9 flight auger test borings to a depth of 4 'A feet and 6 standard penetration test borings to a depth of 11 feet are proposed. The standard penetration tests are needed to assist in the evaluation of the soil infiltration rates for potential stormwater quality improvements. The scope of services is further detailed in the attached Proposal provided by AET, Inc., in an amount not to exceed $5,600. The geoteclinical services will be funded out of the Infrastructure Reserve Fund. RECOIVIMENDATION: Based upon the above information, it is recommended that the City Council approve, as part of tonight's Consent Agenda, Authorization for Geotechrtical Services for the 2011 Street and Water Quality Improvements, Alternatively, the City Council does have the authority to remove this item from the Consent Agenda, table this item for future consideration, or further discuss, deliberate and amend the recommended action, if appropriate prior to taking action. If the latter is done so, the appropriate action of the Council following such discussion would be: "Move to Authorize American Engineering Testing, Inc. to Perform Geotechnical Services for the 2011 Street and Water Quality Improvements in the Amount of $5,600, as discussed and amended at tonight's meeting]." ATTACHMENTS: . American Engineering Testing, Inc. Proposal for Geotechnical Services WPcrESTED012DER OF BUSINESS (if removed from the consent Agenda): Questions from Council to Staff._ ...... ....,..,.,........... ............ Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion .......... .......... ..... , ....... ...... ............. Mayor Facilitates -- page 2 -- A AMERICAN ENGINEERING TESTING, 1NC. September 24, 2010 City of Lake Elmo Department of Public Works 3800 Laverne Avenue North Lake Elmo, MN 55042 Attn: Ryan W. Stempski, PE RE: Proposal for Geoteclmical Services 2011 Street and Water Quality Improvements, Lake Elmo, Minnesota Dear Mr, Stempski: CONSULTANTS • ENVIRONMENTAL • GEOTECHNICAL • MATERIALS • FORENSICS Per your September 24 e-mail request and our follow-up discussion, we are submitting this proposal to conduct the following scope: Scope; Fieldwork • Drill and sample 9 flight auger test borings to depths of 4V2 feet on the existing streets. • Drill and sample 6 standard penetration test borings to depths of 11 feet on the existing streets. These deeper borings are intended to assist evaluation of infiltration potential in addition to street evaluation. • Clear underground public utilities through the Gopher State One Call system. • Measure in -place bituminous and apparent aggregate base thicknesses, • Measure and document the boring locations. No measuring of the surface elevations is planned. Laboratory • Classify the soils per the Unified Soil Classification System (USCS). • Conduct water content tests on cohesive samples retrieved. • Conduct unit price soil index testing ($352 unit price budget, allowing for 4 sieve analysis tests). Report • Logs of the test borings, including pavement thicknesses and lab test results. • Descriptions of the drilling, sampling, testing, and classification methods. • Review of soil and groundwater conditions encountered. • Estimates of soil infiltration values based on USCS soil types. • Geotechnical opinions/recommendations pertaining to the planned street improvements including estimate of subgrade R-value, 550 Cleveland Avenue North St. Paul, MN 55114 Phone 651-659-9001 [Toll Free 800-972-6364 l Fax 651-659-13791www.amengtest.com IAA/EEO This document shall net be reproduced, except in full, without written approval from American Engineering Testing, Inc, City of Lake Elmo September 24, 2010 Page 2 of 2 The scope of work defined in this proposal is intended for geotechnical purposes only, and not to explore for the presence or extent of environmental contamination at the site. However, we will note obvious contamination encountered. Fee: Our services will be performed on a time -and -materials basis per the attached fee schedule. For the scope described, we will establish $5600 as a not -to -exceed fee. In the event the scope of our work needs to be revised, we will review such scope adjustments and the associated fees with you, and receive your approval before proceeding. Schedule: Based on our current backlog, we anticipate drilling can be performed within about 1 to 11/2 weeks after receiving authorization to proceed. The borings should take two days to complete in the field, Verbal results can be provided shortly after drilling. The report should follow the fieldwork by about two weeks. Terms/Conditions: Our services will be performed per the Contract Agreement Between the City of Lake Elmo and American Engineering Testing, Inc, fbr Professional Services, dated July 20, 2010. Acceptance: Please indicate your acceptance of this proposal by endorsing the enclosed copy and returning it to us. The original proposal is intended for your records. Sincerely, ery K. Voyen, PE Vice President/Principal Engineer Phone #651-659-1305 Cell #612-961-9186 jvoyen@amengtest.com Attachments: 2010 Geotechnical Fee Schedule PROPOSAL ACCEPTANCE BY: Signature: Printed Name: Date: Personnel Hourly Rates A. Word Processing Specialist B. C, D. E. F. G. 1-I, Drill Technician/Lab Technician Senior Engineering Technician Engineering Assistant Engineer 1/Geologist 1 Engineer II/Geologist II/Sr. Engr, Assistant Senior Engineer/Geologist Principal Engineer/Geologist 11. Vehicle Mileage A, Personal Automobile/Truck B. C. D. E. F. G. H. Auxiliary Truck Vehicle Truck with Coring Equipment Truck with Warning Sign/Crash Trailer 1-ton Truck with Drill Rig 1-1/2 to 2-1/2-ton Truck with Drill Rig CPT Truck Rig (20-ton push capacity) Tractor/Lowboy Trailer 56,00/hr 82.00/hr 87.00/hr 98,00/hr 105.00/hr I20.00/hr 133,00/hr 160.00/hr 0.70/mile 0.90/mile 1.00/mile 1.10/mile 1.10/mile I.25/mile I .50/mile 1.70/mile 111, Erwinment Rental A. Drill Rig Rental Rotary Drill on I -ton Truck 62,00/hr 2. Rotary Drill on 11/2 to 21/2-ton Truck 72.00/hr 3, Rotary Drill on All -Terrain Vehicle 102.00/hr 4. Portable, Non -rotary Rig 72.00/hr B. Auxiliary/Specialty Vehicle Rental 1, Auxiliary Truck Vehicle 15.50/hr 2. Truck with Warning Sign/Crash Trailer 25.00/hr 3. Truck with Coring Equipment 40.00/hr C. Cone (CPT) Rig/Equipment Rental 1. CPT Rig (Truck or ATV) I 28.00/hr 2. Electronic Cone w/Computer 37.00/hr 3. Soil Sampler 3.00/hr 4. Water Sampler 20.00/hr D. Miscellaneous Equipment Rental I. Field Vane Shear 300.00/day 2, Field Electrical Resistivity 210,00/day 3, Field Seismic Refraction (ReMi) 370,00/day 4. Inclinometer Reading Equipment 300.00/day 5. Pneumatic Transducer Reading 150.00/day 6. Bore Hole Permeability a. Open End Casing Method I 20.00/day b. HQ Wireline Packer 300,00/day 7, Borehole Pressuremeter 55,00/hr 8, Iowa Borehole Shear Tester 310.00/day 9. Double Ring Infiltrometer 235.00/day 10, Photoioniza(ion Detector (PEI)) I 10,00/day I 1. GPS Mapping System 13.00/hr 12, Pile Driving Analyzer (PDA) 680.00/day 13, Calibrated SPT Rod I 75.00/day 14. Portable Concrete Coring Equipment 35.00/hr 15. Pavement Testing (FWD includes Truck) a. Falling Weight Deflectometer 150.00/hr b, Light Weight Deflectometer 50.00/hr E. Geotechnical Software Rental 1. Geo Studio Finite Element 55,00/hr 2. CAPWAP 30.00/hr 3. AutoCAD 25,00/hr 4, Wave Equation (WEAP) 15.00/hr 5, LP1EE or GROUP I 5.00/hr 6. Slope Stability (ReSSA) 15.00/hr , 2010 GEOTECHNICAL FEE SCHEDULE 7. Stabilized Earth Slopes & Walls 5,00/hr 8. Settlement (FoSSA) 15.00/hr 9. SHAFT 15.00/hr F. Bit Wear- Rock Coring 1. Diamond Bit - Sedimentary Rock a) B, NQ I 0.00/foot b) HQ 12,00/foot 2. Diamond Bit - Metamorphic & Igneous u) B, NQ I7.00/foot h) HQ 20.00/foot IV. Laboratory Tests of Soil A. Water Content hourly B, Dry Density (includes water content) 50.00/test C. Atterberg Limits (ASTIVI:D4318) 1. Plasticity Index • 100.00/test 2. Liquid Limit or Plastic Limit 75.00/test Separately D. Shrinkage Limit (ASTM:D427) 95.00/test E. Sieve Analysis (includes 41200) 88.00/test F. Hydrometer Analysis (sieve included) 235,00/test G, Thermal Resistivity w/Proctor (ASTM:D5334) 1. As Received and Oven Dried (2 pts) 910.00/test 2, Dry Out Curve (4 pts) 1130.00/test H. Electrical Resistivity (ASTM:G57-Soil Box) .85.00/test 1. 'Unconfined Compression (ASTM:D2I66) 76,00/test J. Hand Penetrometer I0.00/test K. Organic Content of Soil 55.00/test L, Topsoil Borrow Test (Mn/DOT 3877) 340,00/test M. R-value (Hvecm Stabilometer) 360,00/test N. California Bearing Ratio 1. Granular 560.00/test 2. Cohesive 630.00/test 0, Proctor Tests (Methods A or B) 1, Standard 2, Modified 115.00/test 130.00/test V. Expenses A. Direct Project Expenses: includes out -of- Cost + 15% town per diem; plowing & towing; special materials & supplies; special travel, transportation & freight; subcontracted services, and miscellaneous costs B. Equipment Replacement (when abandonment Cost is more feasible than recovery) C. Equipment Recovery (when required by Cost + 15% regulatory agencies or project specifications) VI, Expert Witness Service Rates A. Litigation Preparation B. Deposition or Court Time (4-hour minimum) 2I0,00/hr 265,00/hr The rates presented are portal-to-portal with vehicle mileage, expenses and equipment rentals being additional, Overtime for personnel charged at above cost plus 25% for over 8 hours per day or Saturday; and at above cost plus 50% for Sundays or Holidays. Hazardous work charged at an additional 25%. Night time shift work will include a premium charge of $30.00 per person per shift. OIDPMO2IO1O1/10 AMERICAN ENGINEERING TESTING, A 10 COUNCIL C2A4MUNICA ON DATE: 10/05/2010 CONSENT ITEM #: 5b MOTION as part of the Consent Agenda. AGENDA ITEM: 2011 Municipal State Aid Improvements— Authorization for Geotechnical Services SUBMITTED BY: THROUGH: Bruce A. Messelt, City Administrato REVIEWED BY: Jack Griffin, City Engineer Tom Bouthilet, Finance Director Ryan Stempski, Assistant City Engineer SUMMARY AND ACTIONREQUESTED: In order to provide a complete Engineering Recommendation for the 2011 Street and Water Quality Improvements Feasibility Report, including the most feasible course of action, a geotechnical evaluation (soil borings) must be obtained to determine the subsurface condition of the roadway. To undertake this, the reconrunended motion to act on this is as follows: "Move to Authorize American Engineering Testing, Inc. to Perform Geotechnical Services for the 2011 Municipal State Aid Improvements in the Amount of $4,500." BACKGROUND INFORMATION: Conduct of the 2011 Municipal State Aid Improvements Feasibility Report was authorized at the September 21, 2010 City Council Meeting. Tonight's action is part of the undertaking of this Report. Of note: Pursuant to the City Council direction from September 21st, proceeding beyond completion of this report is dependent upon City Council consideration and direction regarding an upcoming report from the Assessment Subcommittee. The next meeting of the Subcommittee is scheduled for October 5th; with a verbal update scheduled to be provided at tonight's City Council meeting. STAFF REPORT: Geotechnical services are necessary at this time to obtain the existing in place subsurface conditions within the project limits so that a preliminary project scoping study can be completed. The scoping study is necessary to evaluate if a lower cost technology is feasible or if a more expensive full reconstruction of the street base is required. page 1 -- City Council Meeting 2011 Municipal State Aid Improvements Authorization for Geotechnical Services October 5th, 2010 Consent Agenda Item # 5b To obtain the necessary subsurface investigation, 6 flight auger test borings to a depth of 4 1/2 feet and 4 standard penetration test, 3 of the borings will be to a depth of 11 feet and 1 boring will be to a depth of 16 feet, are proposed. The standard penetration tests are needed to assist in the evaluation of the soil infiltration rates for potential stormwater quality improvements. The scope of services is further detailed in the attached Proposal provided by AET, Inc. in an amount not to exceed $4,500. The geotechnical services. will be funded out of the State Aid Fund. RECOMMENDATION: Based upon the above information, it is recommended that the City Council approve as part of tonight's Consent Agenda Authorization for Geotechnical Services for the 2011 Street and Water Quality Improvements. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda, table this item for future consideration, or further discuss, deliberate and amend the recommended action, if appropriate prior to taking action. If the latter is done so, the appropriate action of the Council following such discussion would be: "Move to Authorize American Engineering Testing, Inc. to Perform Geotechnical Services for the 2011 Municipal State Aid Improvements in the Amount of $4,500, [as discussed and amended at tonight's meetingl." ATTACHMENTS: American Engineering Testing, Inc. Proposal for Geotechnical Services SUGGESTED ORDER OF BUSINESS (if removed from the Consent Atrenda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion .......... ............... ...... ...... Mayor & City Council Action on Motion ............. ................ . ........... Mayor Facilitates AMERICAN ENGINEERING TESTING, INC. September 24, 2010 City of Lake Elmo Department of Public Works 3800 Laverne Avenue North Lake Elmo, MN 55042 Attn: Ryan W. Stempski, PE RE: Proposal for Geotechnical Services 2011 Municipal State Aid Improvements, Lake Elmo, Minnesota CONSULTANTS • ENVIRONMENTAL • GEOTECHNICAL • MATERIALS * FORENSICS Dear Mr, Stempski: Per your September 24 e-mail request and our follow-up discussion, we are submitting this proposal to conduct the following scope: Scope; Fieldwork • Drill and sample 6 flight auger test borings to depths of 4Y2 feet on the existing streets. • Drill and sample 4 standard.penetration test borings on the existing streets. Boring 9 (on raised roadway through low area) will extend 16 feet deep. The 3 remaining borings will extend 11 feet deep, • Clear underground public utilities through the Gopher State One Call system. • Measure apparent aggregate base thicknesses, • Measure and document the boring locations, No measuring of the surface elevations is planned. Laboratory • Classify the soils per the Unified Soil Classification System (USCS). • Conduct water content tests on cohesive samples retrieved. • Conduct unit price soil index testing ($264 unit price budget, allowing for 3 sieve analysis tests). Report • Logs of the test borings, including aggregate base thicknesses and lab test results. • Descriptions of the drilling, sampling, testing, and classification methods. • Review of soil and groundwater conditions encountered. • Geotechnical opinions/recommendations pertaining to the planned street improvements including estimate of subgrade R-value. 550 Cleveland Avenue North I St. Paul, MN 55114 Phone 651-659-9001 I Toll Free 600-972-6364 I Fax 651-659-1379 I www.amengtest,com IAA/EEO This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc, City of Lake Elmo September 24, 2010 Page 2 of 2 The scope of work defined in this proposal is intended for geotechnical purposes only, and not to explore for the presence or extent of environmental contamination at the site. However, we will note obvious contamination encountered. Fee: Our services will be performed on a time -and -materials basis per the attached fee schedule. For the scope described, we will establish $4500 as a not -to -exceed fee. In the event the scope of our work needs to be revised, we will review such scope adjustments and the associated fees with you, and receive your approval before proceeding. Schedule: Based on our current backlog, we anticipate drilling can be performed within about 1 to 1Y2 weeks after receiving authorization to proceed. The borings should take two days to complete in the field. Verbal results can be provided shortly after drilling. The report should follow the fieldwork by about two weeks. Terms/Conditions; Our services will be performed per the Contract Agreement Between the City of Lake Elmo and American Engineering Testing, Inc. for Professional Services, dated July 20, 2010. Acceptance; Please indicate your acceptance of this proposal by endorsing the enclosed copy and returning it to us. The original proposal is intended for your records, Sincerely, K. Voyen, PE Vice President/Principal Engineer Phone #651-659-1305 Cell #612-961-9186 jvoyen@amengtest.com Attachments: 2010 Geotechnical Fee Schedule PROPOSAL ACCEPTANCE BY: Signature: Printed Name: Date: Personnel Hourly Rates A, Word Processing Specialist B. C. D. E. F. G. H. Drill Technician/Lab Technician Senior Engineering Technician Engineering Assistant Engineer 1/Geologist Engineer II/Geologist 11/Sr. Engr. Assistant Senior Engineer/Geologist Principal Engineer/Geologist 11. Vehicle Miluau A. Personal Automobile/Truck B, Auxiliary Truck Vehicle C. Truck with Coring Equipment D. Truck with Warning Sign/Crash Trailer E. I -ton Truck with Drill Rig F. I-1/2 to 2-1/2-ton Truck with Drill Rig G. CPT Truck Rig (20-ton push capacity) H. Tractor/Lowboy Trailer 111, Eouinment Rental A, Drill Rig Rental 1. Rotary Drill on 1-ton Truck 2. Rotary Drill on I 1/2 to 2'/a-ton Truck 3. Rotary Drill on All -Terrain Vehicle 4, Portable, Non -rotary Rig B. Auxiliary/Specialty Vehicle Rental 1. Auxiliary Truck Vehicle 2, 'I'ruck with Warning Sign/Crash Trailer 3. Truck with Coring Equipment C. Cone (CPT) Rig,/Equipment Rental I, CPT Rig (Truck or ATV) 2. Electronic Cone w/Computer 3, Soil Sampler 4, Water Sampler D, Miscellaneous Equipment Rental I, Field Vane Shear 2. Field Electrical Resistivity 3. Field Seismic Refraction (ReMi) 4, Inclinometer Reading Equipment 5. Pneumatic Transducer Reading 6. Bore Hole Permeability a. Open End Casing Method b. HQ Wireline Packer 7, Borehole Pressuremeter 8, Iowa Borehole Shear Tester 9, Double Ring Infiltrometer 10. Photoionization Detector (P1D) I I, GPS Mapping System 12, Pile Driving Analyzer (PDA) 13. Calibrated S PT Rod 14. Portable Concrete Coring Equipment 15, Pavement Testing (FWD includes Truck) a. Falling Weight Deflectometer b. Light Weight Deflectometer E. Geotechnieal Software Rental 1, Geo Studio Finite Element 2. CAPWAP 3, AutoCAD 4. Wave Equation (WEAP) 5, LPILE or GROUP 6, Slope Stability (ReSSA) 56.00/hr 82.00/hr 87.00/hr 98.00/hr 105,00/hr 120.00/hr 133,00/hr 160.00/hr 0.70/mile 0.90/mile 1,00/mile 1.10/mile I.10/mile I .25/mile I .50/mile 1,70/mile 62,00/hr 72.00/hr 102,00/hr 72.00/hr 15.50/hr 25.00/hr 40.00/hr 128.00/hr 37,00/hr 3,00/hr - 20.00/hr 300,00/day 210.00/day 370.00/day 300,00/day 150.00/day 120,00/day 300.00/day 55.00/hr 310.00/day 235.00/day 1 I0,00/day 13.00/hr 680.00/day I 75.00/day 35.00/hr 2010 GEOTECHNICAL FEE SCHEDULE 7. Stabilized Earth Slopes & Walls 15,00/hr 8. Settlement (FoSSA) 15.00/hr 9. SHAFT I5.00/hr F. Bit Wear- Rock Coring 1, Diamond Bit - Sedimentary Rock a) B, NQ 10.00/foot b) HQ 12.00/foot 2, Diamond Bit - Metamorphic & Igneous a) B, NQ 17.00/foot b) HQ 20.00/foot Laboratory Tests of Soil A. Water Content hourly B. Dry Density (includes water content) 50.00/test C. Atterberg Limits (ASTM:D4318) 1. Plasticity Index 100.00/test 2, Liquid Limit or Plastic Limit 75.00/test Separately D. Shrinkage Limit (ASTM;D427) 95.00/test E. Sieve Analysis (includes -#200) 88.00/test F. Hydrometer Analysis (sieve included) 235.00/test G. Therrnal Resistivity w/Proctor (ASTM:D5334) 1. As Received and Oven Dried (2 pts) 910,00/test 2. Dry Out Curve (4 pts) 1 I30.00/test H. Electrical Resistivity (ASTM:G57-Soil Box) 85.00/test 1. Unconfined Compression (ASTM:D2166) 76.00/test J, Hand Penetrometer 10.00/test K. Organic Content of Soil 55.00/test L. Topsoil Borrow Test (Mn/DOT 3877) 340,00/test M. R-valuc (Hveem Stabilometer) 360.00/test N. California Bearing Ratio 1. Granular 560.00/test 2, Cohesive 630,00/test O. Proctor Tests (Methods A or B) 1, Standard I 15.00/test 2. Modified 130.00/test V. Expenses A. Direct Project Expenses: includes out -of- Cost + 15% town per diem; plowing & towing; special materials & supplies; special travel, transportation & freight; subcontracted services, and miscellaneous costs B. Equipment Replacement (when abandonment Cost is more feasible than recovery) C. Equipment Recovery (when required by Cost + I5% regulatory agencies or project specifications) VI: Expert Witness Service Rates A. Litigation Preparation B. Deposition or Court Time (4-hour minimum) 210.00/hr 265.00/hr The rates presented are portal-to-portal with vehicle mileage, expenses I 50,00/hr and equipment rentals being additional, 50,00/hr 55.00/hr 30.00/hr 25,00(hr 15.00/hr 15.00/hr I5,00/hr Overtime for personnel charged at above cost pius 25% for over 8 hours per day or Saturday; and at above cost plus 50% for Sundays or Holidays. Hazardous work charged at an additional 25%. Nighttime shift work will include a premium charge of $30,00 per person per shift. 01 41'4621'.0 c LAKE ELMO MAYOR &COUNCIL Q A 4 / CA T IV DATE: 10/05/2010 CONSENT ITEM #: 6 MOTION As part of Consent Agenda AGENDA ITEM: 2010-2014 Capital hnprovement Program (CIP) Programming Adjustment SUBMITTED BY: Maintenance Advisory Commission Mike Bouthilet, Public works Director Greg Malmquist, Fire Chief THROUGH: Bruce A. Messelt, City Administrato REVIEWED BY: Tom Bouthilet, Finance Director SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested a act upon Budget Adjustment 2010-006; a proposed 2010-2014 Capital Improvement Program (CIP) programming adjustment, as recommended by the Maintenance Advisory Commission (MAC), for reprogramming scheduled vehicle replacement, based upon the recent catastrophic failure of Fire Department's Duty Car. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: In December, 2009, the City Council unanimously adopted the 2010 Annual Budget and 2010-2014 Capital Improvement Program (CIP). The approved 5-year CIP (attached), includes a funded and scheduled 2010 vehicle replacement for the Public Works Department for an older Pick-up Truck and scheduled 2011 vehicle replacement for the Fire Department for its aged Duty Car. Recently, the Duty Car suffered a catastrophic structural failure, with repair costs far exceeding its replacement value. With the Fire Department transitioning to Duty Crews and, therefore, regular, scheduled staffing of both Fire Stations, a second Duty Car is deemed a critical asset. The current primary Duty Car is generally assigned to the Fire Chief but is also made available as a Station Duty Car when the Chief is not on call or on shift. STAFF REPORT: The Preliminary 2011 Annual and CIP Budgets do include funding for the scheduled replacement of the Fire Duty Car. In addition, the Public Works Department's Pick- up Truck, while antiquated, is functioning adequately for the minimal usage it receives (primarily as a back-up vehicle and additional plow vehicle, when needed) and is not deemed a critical asset. The Public Works Director believes replacement of this vehicle can await 2011 -- page 1 — 1 ] City Council Meeting 2010-2014 CIP Programming Adjustment October 5th, 2010 Consent Agenda Item # 6 il and, should additional unexpected 2011 budgetary issues arise, be re-evaluated against other more critical asset maintenance, repair and/or procurement. MAC RECOMMENDATION: The Maintenance Advisory Commission (MAC) unanimously supported the recommendation of City staff to reprogram the replacement of the Fire Duty Car to 2010 and simultaneously reprogram the replacement of the Public Works Pick-up Truck to 2011. The budgetary impact of this recommendation is $0, as both vehicle replacements were budgeted at $35,000. Of note, the MAC also unanimously supported the City Council's current budgetary cap of $35,000 for replacement of the Fire Duty Car, including all necessary modifications, fit -up and equipment installation. This action is consistent with the City Council's and Administrator's discussion during the 2009 budget preparation that $35,000 would allow for replacement of the current Duty Car with similar used vehicle (of higher quality) and enhancement of public safety services through the fit -up and equipping of this Duty Car with necessary communication, response and recovery equipment. Preliminary research into available quality used vehicles indicates such a replacement scenario is both doable and prudent, given overall budgetary constraints. Finally, the MAC also unanimously supported a recommendation by City staff to update the City's vehicle inventory and utilization data, evaluate current vehicle replacement, utilization and assignment policies and procedures, and prepare a report regarding such for MAC consideration and Council review and affiiination. RECOMMENDATION: Based upon the above background information, staff report and recommendation of the MAC, it is recommended that the City Council approve as part of tonight's Consent Agenda the proposed CIP Program Adjustment for Vehicle Replacement. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss, deliberate and, if appropriate, amend the recommended motion prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve the proposed CIP Program Adjustment for Vehicle Replacement, as Recommended by the MAC and presented land modified/amended] at tonight's meeting." ATTACHMENTS: 1. 2010-2014 CIP Budget 2. Budget Adjustment 2010-006 — page 2 -- City Council Meeting 2010-2014 CIP Programming Adjustment October 5th, 2010 Consent Agenda Item # 6 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Aaenda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion ......... ....,............. .......... ...... .......... ..„Mayor & City Council Action on Motion Mayor Facilitates -- page 3 -- City of Lake Elmo Capital Improvement Plan 2010 to 2014 FundlCategory Park Dedication (404) Perks Parks Parks Parks Parks Parka Parks Parke Parks Parks Parks Parks PaFka Parks Parks Pants Patks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parks Parke Prolect Sunfish Lake Park Carriage Station Lions Park Sunfish Lake Park Sunfish Lake Park Sunfish Lake Park Signage Febbla Park Pebble Park DeMentroville Park Sunfish Lake Park Tana Ridge DeMordreville Park Sanctuary Stonegate Park Sunfish Lake Park Heights Park Lake Jane Hilts Park • Sunfish Lake Park Sunfish Lake Park Lions Park Tablyn Park Sunfish take Parlc VFW Fart( Ridge Park Sunfish Lake Park sanctuary Trail Improvements Total Park De(fiCafign (404) Detail or Street From/To Information Kloak Pathway Replace Sheller Roof Rain Gardens Management Plan Bouidero,Gate,Landsoarting All Parke Tennis Court Resurface Convert Ballfiald Picnic Shelter Prairie establishment Future Amenities Resurface Basketball Court Master Plan Parking Lot Park Planning Park Development Off Leash Dog Park Entrance / Interpretive sienna Manfing / Trails Tennis Court Tennis Court Overlay West -side Devetopment Ballfieid Improvemarea Play Area Chips Prairie establishment Future Amenities Infrastructure Reserve (409), (2010 projects, not including sealcoating, budgeted in 2010 Street Improvements Fund $417) rffrastracb.ire nfrastructure ntrastructure nfrastructure Infrastructure nfrastructure nfrastructure rifrastruature nfrastructure afrastructure nfrastructure nfrastructure nfrastructure rfrastructure nfrastructure nfrastruclure Infrastructure nfrastructure nfrastructure nfrastructure nfraslructure nfrestructure nfrastructure nfrastructure nfrastructure nfrastructure nfrastruclure nfrastructure rtfrastructure Infrastructure nfrastructure rtfrastructure Mrastructure Per 2009 1aftsOoffalton plan Sea:coaling (see 2010 detail below) 28Til STREET N (Graven 5TTH ST N 53RO ST N ISLE AVE N JANE RD N JAMACA AVE ROUNDABOUT (MSAS) KIRKWOOD LANE (Graven LAVERNE AVE N LAYTON AVE N LEEWARD AVE N 11TH ST N 12TH ST N 10-11-1 STREET GT N KEATS AVENUE (MSAS) MANNING AVENUE 53RD ST N HYTRAIL AVE N 59111 ST N 5EJTH ST N HIGHLANDS TRL N HIGHLANDS TRL N HIGHLANDS TRL N HIGHLANDS TRL N DEMONTREVILLE TRAIL CfR N DEMONTREVILLE TRAIL CIR N DEMONTREVILLE TRAIL PL N 50TH/KIMBRO AVENUE (MSAS) KELVIN AVE N WEST END TO JAMLEY TO EAST END 55TH ST TO JULEP WAY EAST SIDE OF FOXFIRE ADDITION TO KEATS AVE N JAMACA AVE N TO SOUTH END JAMACA AVE N TO WEST END JAMACA CT TO TH 5 50TH STREET TO NORTH END 11ThSTNTOI2THSTN CSAH io (10TH ST Ni TO 11TH ST N CSAH 10 (10TH ST NI TO 12TFI ST N CSAH 10 (10TI-1 ST 111)1-0 12TH ST N LAVERNE AVE WEST TO CUL-DE-SAC LAYTON AVE TO LEEWARD AVE LAVERNE AVE TO LAYTON AVE N WEST CUL-DE-SAC TO LAVERNE AVE CSAH 10 (10T(4 ST) TO CUL-DE-SAC 47TH ST TO TH 36 TH 38 TO LINDEN AVENUE DEMONTREV1LLE TRAL N TO CUL-DE-SAC HIGHLANDS TRAIL N TO 50TH ST N HIGHLANDS TRAIL N TO HYTRAIL AVE HIGHLANDS TRAIL N TO EAST END CUL-DE-SAC DEMONTREVILLE TRAIL N TO HYTRAIL N HIGHLANDS COURT N TO HYTRAIL N 59TH ST N TO HIGHLANDS COURT N MN TH 36 TO 59TH ST N DEMONTREVILLE TRAIL PLACE TO CUL-DE-SAC " DEMONTREVILLE TO DEMONTREVILLE TRAll. PLACE DEMONTREVILLE TRAIL CT TQ CUL-DE-SAC 47TH ST TO CSAll 17 NEW SUBDPASION ROAD TO STILLWATER LANE MN TH 5 (STILLWATER aLvo) TO STILLWATER LANE N 7-7 Estimated Cost 2010 2011 2012 2013 2014 Future $2.000 $2,060 $4,000 68,500 $1 0,0IX) $12,000 $13,000 :20,000 $20,000 $45,000 $48,500 $5,000 $5,000 $5,000 $10,000 $20,000 $25,000 $5,000 $10,000 $10,000 $12,000 $25,000 S10,600 55200 52,000 52.000 $2,000 51,800 $4,000 51.000 $1,000 $50.030 $50.000 $50,000 850,000 $50.000 $233.000 5126,233 5128,000 553,630 553,000 5125,000 5125,630 $125,000 $125,000 5125,000 $105,030 $3-12,000 $183,000 5115,000 $244,007 $262,254 538,245 $22,947 356,855 $72,126 $26,225 $20,752 $61,193 529,564 $09,338 5409,773 $84,413 $29.263 $101,298 $140,888 $00,777 538,267 $03,417 T60,782 T32,640 $25,887 $21,365 S12,381 $1,029,841 $44,052 $19,708 SO $148,526 City or Lake E9rna 0.spItat Iniprovensant Plan MO to 2914 Fund/Catenary Irdrastruclure Infrastructure Infrastructure Infresinictura Infrastructure Infrastructure Infrastructure Infrastructure Infrastructure infrealructure Infrastructure Infrastructure Protect 37TH ST N 36111 ST N 36TH $T N 39TH ST N INNSDALE AVE N OEERFONDTRLN DEER FOND TRL N 1.3R POND CT N 20TH ST/MANNING TR L (MSAS) STH ST &JASMINE AVE N. &JASMINE PL OLD VILLAGE STRLL t & STORM OLD VILLAGE STREET & STORM Total Irrfrastructure Reserve (409) Capital Acoursitions (4101 Information Technology Information Technology Sift/matron TechnolorBi Information Technology Building Frre Fire Fire Fire Fire Etre Fire Pubic Works Public Works ROIL Works Public Works Public Works ON Hall network Replacement eqrinsoit License updates Finance software upgrade Bldg Permit Upgrade Upgrade to Station 1 Upgrade to Station 2 2 sets turnout gear Replace duty car Ladder truck Heavy rescue vehicle 2 Laptops for Trucks Pick-up Truck Single/tandem dump truck excavator Upgrade Skid Steer to Deeficated Tradr Mower Total Capital Acquisitions (410) City Facilities (411) City Hall City Hag City Hail Fire Fire Total City Faades (411) Vflage (4131 Wage Vigage Vlllage Wage Valage village Total Village (413) Water (6011 Water Water Water Water Water Water Undesignated City sedum.. Improvements New City Hall Site acquisition, If needed New City Hall building p.Sarsispeolfications New City Hall construction New tke station site acqu(sfton, if needed New fire station construction Detail or Street FromfTo JAMACA AVE TO IRVVIN AVE JAMACA AVE TO IRW!N AVE CSAH 13 (IDEAL AVE) TO INNSDALE AVE N CSAH 13 (DEAL AVE) TO INNSDALE AVE N 39TH ST TO 38T11 ST N HIDDEN BAY TRAJL TO DEER POND COURT DEER POND COURT TO JACK PINE TRAIL DEER POND TRAIL TO SOUTH END CSAH 17 TO MANNING AVENUE STONEGATE 1ST ADD. SOUTH OF RR TRACKS NORTH OF RR TRACKS Village development analysis %Gage comprehensive planning Old Vilage New Village 1-94 to 308r St. Village Trunk °versa:Mg-Sanitary Sewer Phase I Village Trunk Oversising-Snitary Sewer Phase II Trunk Gravity from Lift Stariuir to Lake Elmo Ave Trrmk Gravity from 30th to Railroad Well and Pumphouse #4 230 replacement water meters Water supply (conservation) plan Steely of SW area water system extension Keats trunk watermain extension \Rage Trunk Oversbing Phase 1 Estimated Cost 2010 2011 2012 2013 2014 Future $64,919 $64,919 5108,653 $105,653 $28,663 $16,230 541,734 $33,619 $602,873 3445,000 53,800,000 S3,930,000 61,090.007 81,174.017 51.865,033 51.252.973 3570.000 37,543,526 82,500 $8,800 52,000 $14,900 $6,500 528,000 $35,000 83,600 $35,000 $134.300 $12,000 $12,000 $2,0(3 52,000 55,000 55,000 63,600 53,600 535,000 525,000 52,500 55,000 $12,000 52,000 $5,000, 53,600 $3,600 51350,000 5425,000 55.500 St90,000 010,000 545.000 557.600 5212.600 585,500 532.500 51.326.500 $10,000 150,600 TEM TBD 54,000,000 $49,900 $76,000 350.000 54.000.000 S76.000 373.000 $635,000 570,000 65,000 513,000 51,200,000 $112,000 476,000 5250,000 5250,000 54,000,000 $500,000 64,000.000 SO 59.0090E10 5200,000 S162.000 SO S352.000 7-7 City of I area Elmo Capital Improvement Ptan 2010 to 2014 Estimated Cost FuncVCategory Project Detaa or Street FromiTo 2010 2011 2012 2013 2014 Future Water SW Area Water Main Extension Public Improvements inclucrmg Booster $5,300,000 Weber 'tillage Trunk 0YerSiz1og Phase II $112.003 Water Elevated Storage Tank #1A 61,600,000 Water Well # 5 (South of 10117 Street) $1.000,000 Total Water (MI) 6960,000 $1.213,003 $112,003 $112.030 $1.600 OW $6,300.000 Sewer (602) Sewer Sewer study south of 10th St $25,000 Sewer Sewer/pumver letter truck $200,000 Sewer Trunk Overseing South of 1 OM St Cost TBD by 2011 Study Total Sewar (602) SO $25.000 $200,000 Su ce Water (803) Surface Water Rain Garden Improvements 671.000 $35,000 $35,000 $35,000 $35,000 Surface Water Old Village Storm Controls $2,500,000 Surface Water \Rage Regional Infilteraticn TBD Total Surface Water (603) 571,000 635.000 335.303 635.000 535.000 32.600.000 Total City 32.548.307 $6.630,517 42.620,535 81,514,473 $2233,600 827,437,02.15 Sealonattna 2010 Detat 2571-1 ST N 27TH ST N 27TH ST N 27TH ST N 27TH ST N 27TH ST N 27TH STREET CT N BIRCHBARK TRL N BIRCHBARKTRL N CHERRYWOOD TEL N DEER POND TRL N DEER POND TRL N IMPERIAL AVE N IMPERIAL AVE N IMPERIAL AVE N INNSDALEAvE N INNSDALE AVE N INWOOD AVE N JACK PINE TRL WINDBREAK TRL N WINDBREAK TRL N 42ND ST N 42ND ST 11 42ND ST N 42ND ST N JAMACA AVE N JAMACA AVE N JAMACA AVE N JAMACA AVE N JAMACA AVE N LAKE JANE TRL N LAKE JANE TRL N LAKE JANE TRL N CSAH 13 (INWOOD AVE) TO IMPERIAL AVE N CSAH 13 (INWOOD AVE) TO INNSDALE AVE, N. IRONWOOD TRAIL N TO 27TH STREET CT N 27TH STREET CT N TO CUL-DE-SAC INNSDALE TO LAKE ELMO HEIGHTS 3RD IMPERIAL TO LAKE ELMO HEIGHTS 3RD 27TH ST N TO CuL-DE-SAC CHERRY WOOD TRAIL TO HIDDEN BAY TRAIL CHERRY WCOD TRAIL TO SOUTH END BIRCH BARK TRAIL TO HIDDEN BAY TRPJL WINDBREAK TRAIL N TO HIDDENBAY TRAIL JACK PINE TRAIL TO WINDBREAK TRAIL 27TH ST TO NORTH CUL-DE-SAC SOUTH STUB TO 26TH ST 26TH ST TO 27TH ST CSAH 5 (ST)LLWATER BLVD) TO SOUTH CUL-DE-SAC 27TH ST TO SOUTH CUL-DE-SAC CSAH 6 (STILLWATER BLVD) TO NORTH CUL-DE-SAC DEER POND TRAIL TO WINDBREAKTRAIL JACK PINE TRAIL TO DEER POND TRAIL HIDDEN BAY TRAIL -R) JACK PINE TRAIL JAMACA AVE TO NY AVE N LAKE JANE TRAIL TO IRVIN CIRCLE N NY COURT N TO ISLE AVE N IRVIN CIRCLE N TO ISLE AVE N LAKE JANE TRAIL TO 42ND ST N 42140 ST N TO 37TH ST N 37TH $T N TO 30TH ST N 35TH ST NI TO 35TH ST N 35TH ST N TO JAMACA CT N IPJSH CT N TO JAMACA AVE N IRISH CT N TO IRVIN CT N CSAH 13 (IDEAL AVE) TO IRISH CT N BUDGET ADJUSTMENT - 2010 DATE: October 5th, 2010 ACTIVITY # 2010-•006 DESCRIPTION: CIP Programming Adjustment for Vehicle Replacement TYPE OF ACTIVITY: TRANSFER OF FUNDS FROM ACCOUNT # NAME AMOUNT: TO ACCOUNT # NAME AMOUNT: PURPOSE: BUDGET ADJUSTMENT/DESIGNATION FROM ACCOUNT # NAME: AMOUNT: PURPOSE: DESIGNATION/NEW ACCOUNT # OTHER FROM ACCOUNT # 4010-480-sooa45500 NAME: CEP — Vehicle Replacement AMOUNT: so.00 PURPOSE: Change 2010 Programming from Public Works (Pick-up Truck) to Fire (Duty Car) and 2011 Programming from Fire (Duty Car) to Public Works (Pick-up Truck) City Approval: Honorable Dean Johnston, Mayor Bruce Messelt, Administ rat o r (on Behalf of City Council) (Attest) CITY OF LAKE ELM 0 AYOR & COUNCIL COMMUNICATION DATE; 10/05/2010 CONSENT ITEM #: 7 MOTION As part qf Consent Agenda AGENDA ITEM: Request for Special Assessment Deferral — James L. Fish SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrator REVIEWED BY: Sharon Lumby, City Clerk SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider a Request by Mr. James L. Fish for a deferral of a 2009 Special Assessment for street improvements. According to State Statute and City Policy, such a deferral may be considered under specific circumstances. Based upon Mr. Fish's Application, a determination of "hardship based upon exceptional or unusual circumstances," and pending final legal review, it is recommended that the City Council grant a restructuring of Mr. Fish's Special Assessment from 10 years to 20 years. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: Under M.S. 439.193 (attached), the City Council may consider a deferment in payment on a special assessment when the owner is 65 years of age or older; by virtue of a permanent and total disability for whom it would be a hardship to make payments; or by a person who is a member of the Minnesota National Guard or other Military reserves ordered in to active military service for whom it would be a hardship to make payments. In addition, any statutory City may establish guidelines for determining the existence of a hardship and determine the existence of a disability. Lake Elmo has established just such guidelines. The City Council recently adopted Resolution No. 2010-39 for the 2009 Street Improvement Final Assessment. Included on the Final Assessment was Eden Park 2nd addition, Legion Lane N. at $1750.00 per parcel. A public hearing was conducted, without any comments received from property owners. On August 23, 2010 the City received a Special Assessment Deferral Application for the property located at 2267 Legion Lane N. The basis for the appeal was limited income, social security and veterans' status. -- page 1 -- City Council Meeting Request for Special Assessment Deferral — James L. Fish 10/05/2010 Consent Agenda Item #7 STAFF REPORT: In evaluating Mr. Fish's application, it has been determined that, while retired, Mr. Fish does not qualify under either the age or disability criteria, In addition, Mr. Fish does not qualify for a deferral under the active military service hardship criteria. As such, the only applicable statutory and City policy guidelines would be the determination of a "hardship based upon exceptional or unusual circumstances," Mr. Fish has demonstrated a limited monthly income based predominantly (if not solely) on Social Security and, as such, has requested a longer repayment period and lower interest rate; In evaluating the financial and programmatic impacts from granting such a request, City staff believes granting of a longer repayment period — from 10 years to 20 years, based upon this demonstration of "hardship based upon exceptional or unusual circumstances" (limited income), may be appropriate, However, City staff does not recommend lowering the applicable interest rate (6%) or limiting its duration to only 10 years, so as to avoid creating likely negative accounting and equity considerations. In addition, City management of a 20-year repayment period will result in a lost opportunity cost equal to the application of the same interest rate over the entire 20-year period. Also noted is that final legal review of such deferral/restructuring is pending; so any Council action should be contingent upon this consideration. RECOMMENDATION: Based upon Mr. Fish's Application, and a staff determination of "hardship based upon exceptional or unusual circumstances," it is recommended that the City Council grant a restructuring of Mr. Fish's Special Assessment from 10 years to 20 years, pending final legal review. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss, deliberate and, if appropriate, amend the recommended motion prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve the proposed Special Assessment Deferral Application, as recommended land modified/amended] at tonight's meeting." ATTACHMENTS: 1. Minnesota State Statute § 435.193 (2009) 2. Special Assessment Deferral Application — Mr. James L. Fish -- page 2 -- E City Council Meeting Request for Special Assessment Deferral — James L. Fish 10/05/2010 ' Consent Agenda Item #7 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Avenda); Questions from Council to Staff Mayor Facilitates Call for Motion ........ ................ ................................. Mayor & City Council Discussion Mayor & City Council Action on Motion. ..... ........ ........ ..... . ....... ...... ........ ........ Mayor Facilitates -- page 3 -- 435.193, 2009 Minnesota Statutes 2009 Minnesota Statutes Page 1 01 435.193 HARDSHIP ASSESSMENT DEFERRAL FOR SENIORS, DISABLED, OR MILITARY PERSONS. (a) Notwithstanding the provisions of any law to the contrary, any county, statutory or home rule charter city, or town, making a special assessment may, at its discretion, defer the payment of that assessment for any homestead property: (1) owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments; or (2) owned by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined in section 190.05, subdivision 5b or 5c, as stated in the person's military orders, for whom it would be a hardship to make the payments. (b) Any county, statutory or home rule charter city, or town electing to defer special assessments shall adopt an ordinance or resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability, but nothing herein shall be construed to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines where the determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. History: 1974 c 206 s 7; 1976 c 195 s 3; 1981 c 80 s 1; 2008 c 15.4 art 2 s 28 https://www.revisor.mn.gov/statutes/?id---435.193 10/1/2010 CRY OF LAKP ELMO City Of Lake Elmo Special Assessment Deferral Application 3800 Laverne Avenue North 1 Lake Elmo, Minnesota 55042 (651) 777-5510 4********** *di ************$ Applicant Name Home Address Telephone Fax: (651)777-9815 Date • RECEAVED AUG Z 3 MO crly or LA<.V LMC.) The City Council willoonsider a deferment for payment of special assessments on any homestead property, owned by a person 65 years of age or older or retired by virtue of permanent and total disability for whom it would be a hardship to make payments. The City Council may also determine, on a case by case basis, the existence of a hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines set by the City Code. (Please refer to City Code attached) Type of Hardship: (Please check all that apply) 17:3 65 years of age or older ED Total Disability 1 1 Other (Please Explain) .4/ .1,7-7 tt- FF4-7yz..5 t/i44, Please attached all supporting documentation assist the review and approval p ss. 1.e. federal income- tax return, income statements, etc.) Si ned Signed .1_ City Administrator Date gigerame Social Security Administration Retirement, Survivors and Disability Insurance Important Information Mid -America Program Service Center 601 East Twelfth Street Kansas City, Missouri 64106-2859 Date: May 3, 2010 Claim Number: 4111111111111M11111 IiiiIiI1IIi1IlhHuuIJ1lIIu111i1iIiII1ii1iIIIi1iLuIIlI1Ii1IIIIi JAMES L FISH 2267 LEGION LANE N LAKE ELMO MN 55042-9447 You asked that we withhold money from your benefits for voluntary Federal tax withholding. You want 15 percent withheld beginning April 2010. What We Will Pay And When • You will receive for May 2010 around June 16, 2010. _ e After that you will receive each month. Your Benefits on or about the third Wednesday of We will continue to withhold money for voluntary Federal tax withholding as you requested. We will withhold NMI from your benefit for May 2010. Thereafter, we will withhold L 1 each month. If You Have Any Questions We invite you to visit our website at www.socialsecurity.gov on the Internet to find general information about Social Security. If you have any specific questions, you may call us toll -free at 1-800-772-1213, or call your local Social Security office at 1-866-667-7481. We can answer most questions over the phone. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778. You can also write or visit any Social Security office. The office that serves your area is located at: SOCIAL SECURITY 190 5TH ST E STE 800 ST PAUL, MN 55101 C See Next Page DEPARTMENT OF VETERANS AFFAIRS HEALTH ELIGIBILITY CENTER 2957 CLAIRMONT RD NE STE 200 ATLANTA GA 30329-1647 FEBUARY 10, 2010 ulllllululllulltllllltllllullpllullltlluhll I I MR. JAMES FISH 2267 LEGION LN N LAKE ELMO MN 55042-9447 In Reply Refer To:411111111111 FISH, JAMES E10129714 Dear MR. FISH: The Department of Veterans Affairs (VA) is pleased to confirm your enrollment in the VA health care system. This letter is to notify you of your priority group assignrrient, enrollment, and potential eligibility for VA Pension Benefits. How This Affects You • You are currently enrolled in Priority Group 5. • Information about enrollment priority groups is enclosed. • Enrollment, which occurs on a year-to-year basis, gives you access to a broad range of health care services at VA facilities anywhere in the country. Services include preventive, primary and specialty care, both inpatient and outpatient. You can use these services even if you have Medicare, Medicaid, TRICARE, or private health insurance coverage. VA recommends you continue any health insurance coverage you currently maintain. • Your enrollment will be reviewed and renewed each year depending upon your priority and available funds. You will be notified of any changes in your enrollment status. • Contact the Enrollment Coordinator at youriocal VA health care facility if you wish to obtain an appointment for care. • If you are eligible for Medicare Part D prescription drug coverage, you need to know that enrollment in the VA health care system is creditable coverage for Medicare Part D purposes. For more information on Medicare Part D, visit http://www.medicare.gov/pdphomeasp or call 1-800-Medicare (1-800-633-4227). • Should you choose to cancel your enrollment for any reason, please notify VA's Health Eligibility Center, 2957 Clairmont Road, Suite 200, Atlanta, GA 30329-1647, in writing. What You. Can -Bit If-Youalsegree-WIth-Our Enrollment Decisions • If you wish to appeal our enrollment decision, follow the instructions on the enclosed VA Form 4107VHA, "Your Rights To Appeal Our Decision." Return your Notice of Disagreement to the. Enrollment Coordinator at your local VA health care facility. Are You Eligible for VA Pension? Wartime Veterans with limited Income, and who are permanently and totally disabled or age 65 or older may be eligible for VA pension benefits to supplement their income. Widows or other dependents might be eligible for pension benefits if they meet certain requirements. (Continued on back) Questions? Call 1-877-222-VETS 000000594 14AIWIrl CITY OF LAKE ELMO A AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: YOR & COUNCIL COMMUNICATION DATE: 10/05/2010 REGULAR ITEM #: 8 MOTION Sunfish Lake Park Parking Area Improvements and Eagle Scout Park Improvement Project Presentations Carol Kriegler, Project Assistant Bruce Messelt, City Administrator Parks Commission Ryan Sternpski, Asst. City Engineer Rusty Schmidt, Washington Conservation District Mike Bouthilet, Public Works Supt. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to authorize expenditures related to Sunfish Lake Park parking area improvements and two Eagle Scout Park Improvement Projects. The Parks Commission has unanimously supported the proposed improvements and associated expenditures. The recommended motion to act on these projects is as follows: "Move to authorize expenditures related to Sunfish Lake Park Parking area improvements and construction of two information kiosks at Demontreville Wildlife Area at a cost not to exceed $22.440.00 BACKGROUND INFORMATION/STAFF REPORT: The parking area at Sunfish Lake Park has a history of drainage problems and standing water in the northeast corner of the lot following snow melt and heavy rains. The proposed solution to the problem includes 1) grading of the parking lot in an effort to redirect parking area run-off to rain gardens and a filter area 2) installation of a storm water pre-treatment area on the north side of the parking area for the purpose of "filtering" the run-off prior to drainage into the adjacent woodland, 3) installation of four rain gardens along the perimeter of the parking area with three of the gardens placed on the south side of parking area for the purpose of reducing run-off from the entrance drive and the sloped turf area onto the parking area, and a fourth garden located in the northeast corner of the parking lot - accepting and treating run-off specifically from the area that has been problematic. Interpretive signage is proposed for the purpose of educating park visitors about rain gardens, the adjacent prairie restoration project and possibly some history about park. The purpose of the prairie and ram garden interpretive signage will be to communicate the benefits both of these -- page 1 -- City Council Meeting S.F.L.P Parking Area Improvements and Eagle Scout Projects October 5th, 2010 Regular Agenda Item # 8 projects have in improving water quality and wildlife habitat. It is hoped that the signage will be effective in encouraging visitors to support the installation of rain gardens in their neighborhoods as well as encourage other good storm water management practices. Unauthorized vehicles gaining entry to trails and park areas has also been a problem at Sunfish Lake Park. The proposed solution to this problem is the purchase and placement of boulders around the perimeter of the parking area. The boulders and strategic placement of knock -down bollards are intended to define the parking area and restrict unauthorized vehicular traffic to the parking area, A small number of boulders might be placed in locations along trails where they might serve as a place for park visitors to sit and rest. The Parks Commission has spent considerable time in discussion about the boulders, including the type and source. The Commission has expressed a strong interest in bordering the parking area with natural materials preferably from a local source so that they closely resemble what might be native to the site and reflective of the geological history of the site. Boulders are available locally from Agregate Industries in Lakeland. Lastly, two area Eagle Scout Candidates have stepped forward with proposed park improvement projects. Chris Amundson is proposing to construct an information kiosk to be located on the north side of the Sunfish Lake Parking lot. The kiosk is intended to provide a centralized location for regulatory, directional and map signage. A Minnesota DNR Cross Country Ski Grant-in-aid Capital Improvement grant will cover the cost of the materials for this project. Kyle Yarusso is proposing the construction of two small information kiosks at Demontreville Wildlife Area. These kiosks will provide a location for the placement of interpretive, directional and regulatory signage related to the site, While the styles of the proposed kiosks are a little different, each is well suited for their respective location and function. All kiosk materials (cedar) and finishes will be consistent so as to effectively create a "branding" of park amenities. Both Eagle Scout candidates have committed considerable time to planning their projects, meeting with City staff, and making presentations to the Parks Commission, PARKS COMMISSION REPORT: The Parks Commission has unanimously recommended proposed improvements to the Sunfish Lake Park parking area; to include 1) grading of the parking lot, 2) installation of rain gardens and a stormwater run-off filter area, 3) placement of boulders and "knock -down" bollards for the purpose of defining the parking area and restricting unauthorized vehicular access, 4) development of interpretive signage related to the prairie restoration project and rain gardens, 5) construction of an information kiosk by Eagle Scout candidate Chris Amundson, Additionally, the Council is asked to approve and authorize expenditures recommended unanimously by the Parks Commission related to the construction of two information kiosks at Demontreville Wildlife Area by Eagle Scout candidate Kyle Yarusso, as well as the development of site -related interpretive and directional signage to be placed on the kiosks. -- page 2 -- City Council Meeting S.F.L.P Parking Area Improvements and Eagle Scout Projects October 5th, 2010 Regular Agenda Item # 8 Project Costs for these improvements are as follows: Sunfish Lake Parking Area Improvements Parking area grading RaM garden installation (3 south gardens $3,640.00, north east garden and buffer $7,700) Pre-treatment area installation (By City crews) Boulders and knockdown bollards Interpretive signage (2 NPS exhibit bases, and interpretive panels) Information kiosk materials Estimated Sunfish Lake Park Project Costs Demontreville Wildlife Area Information Kiosks and related sign panels Information kiosk materials (scout project) Misc. regulatory, directional and interpretive sign panels (Developed by city staff) Estimated Demontreville Wildlife Area Project Costs 2,500.00 $11,340.00 $3,500.00 $1,200.00 $2,000.00 $20,540.00 $1,400.00 $500.00 $1,900.00 FUNDING: The 2010 Park Capital Improvement Plan includes the following line items for improvements at Sunfish Lake Park: ram gardens - $8,500.00, information kiosk - S2,000, boulders / gates/ landscaping - $12,000. $13,000 is designated for signage improvements system -wide. Materials for the Sunfish Lake Park information kiosk are covered fully by a DNR Cross County Ski Grant-in-aid Capital Improvement Grant and it is anticipated that the rain gardens will be eligible for a 50-50 cost share grant through VBWD. RECOMMENDATION: Based upon the above background information and Parks Commission recommendation, it is recommended that the City Council move to approve the motion by undertaking the following action: "Move to authorize expenditures related to Sunfish Lake Park Parking area improvements and construction of two information kiosks at Demontreville Wildlife Area at a cost not to exceed $22,440.00 Alternatively, the City Council does have the authority to further discuss, deliberate and, if appropriate, amend the recommended motion prior to taking action. If done so, the appropriate action of the Council following such discussion would he: "Move to authorize expenditures related to Sunfish Lake Park parking area improvements and construction of two information kiosks at Demontreville Wildlife Area Jas amended at tonight's meetingJ." --page3-- � � City Council Meeting 8.F2.9Parking Area Improvements and Eagle Scout Projects October 5th, 2010 Regular Agenda Item # 8 ATTACHMENTS: . Sunfish Lake Park Parking Area Improvement Concept Plan SUGGESTED ORDER OF BUSINESS: Introduction ofItem ............ ....... _-,_--'_-_'____.~~.~—... Questions from Council tOStaff Public Input, if Appropriate.—.. Call for Motion .......................... Discussion .................................. ..~-,,.,,,,,.^.^^^_,,,,...Citn Administrator ................................................ PrQi.ect Director .............................................. Mayor Facilitates .............................................. Mayor Facilitates ..................................... Mayor & City Council ... .^... ......................... Mayor & City Council, .............................................. Mayor Facilitates - page. 4- ~ ~ Parking Lot Information Kiosk zrx2V BuffoArea Pre-treatment area 4ar4.... oh_ &If A YOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: Planning Commission Kyle Klatt, Planning Director THROUGH: Bruce Messelt, City Administrato Zoning Text Amendments: Building in the Old Village District REVIEWED BY: Kelli Matzek, City Planner DATE: 10/05/2010 REGULAR ITEM #: 9 MOTION Ordinance No. 08-030 Resolution No. 2010-049 Setbacks and Parking Requirements SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider to zoning text amendments to the General Business District regulations in the Zoning Ordinance. This request originated as a variance application from the Lake Elmo Inn to allow the construction of a new enclosed patio seating structure in place of the existing fabric tent that currently exists in front of the restaurant, but has been revised instead to amend the zoning regulations for all properties in the Old Village area zoned GB. At issue is the fact that the proposed structure would not meet existing setback requirements in the GB — General Business District, nor would additional parking be provided for the additional seating area. The proposed zoning text amendments would specifically amend the GB District as follows: Creating a second front and side yard setback requirement of 0 feet (no setback required) for properties located south of Minnesota State Highway 5 in the Old Village. Allowing the Zoning Administrator to waive the parking requirements for properties located in the Old Village area south of CSAH 5. • Referencing the description of the "Old Village District" used in the Sign Ordinance. These changes are noted in the attached draft Ordinance to amend the General Business District regulations. The recommended motions to act on these items are as follows: "Move to adopt Ordinance No. 08-030 amending the GB — General Business District regulations for parking and setbacks in the Old Village District" "Move to adopt Resolution 2010-049 authorizing summary publication of Ordinance 08-030" -- page 1 -- City Council Meeting GB Ordinance Amendments October 5tb, 2010 Regular Agenda Item # 9 BACKGROUND INFORMATION: The proposed zoning arnendments are the result of discussions with the Lake Elmo Inn regarding a proposed patio structure that has been proposed in the front of their building. When the Lake Elmo Inn last underwent a major expansion project in 1995, the City granted variances for setbacks and parking in that allowed the expansion project to move forward. When this application was submitted there was a patio area noted on the plans, but no permanent structure was ever depicted or approved by the City at this time over the patio area. This patio has been covered with a fabric tent -type structure at various times over the past several years, and is used extensively in the summer to provide outdoor seating for patrons of the restaurant. Any permanent structure, such as the one proposed, will need to comply with the district setback and parking requirements. Since the proposed structure would cover the existing outdoor seating area that is located with a minimal setback to the street and no new parking would be provided for thus seating area, the applicant originally requested a variance form these provisions in a manner similar to pervious requests for expansion. Based on the recent Minnesota Supreme Court decision regarding variances (which significantly reduces any local discretion in granting variances), Staff strongly encouraged the applicant to proceed with a Zoning Amendment request as an alternative to the variances that were requested. As suggested by Staff, the proposed zoning amendments would apply to only those portions of the General Business District that are located in the Old Village, and more narrowly, only on properties south of State Highway 5. The amendments that have been drafted would apply to several other business properties in the Old Village, and would not he exclusive to the Lake Elmo Inn property. The City has much greater discretion in considering Zoning Amendments than Variances, and the proposed amendments would allow the Lake Elmo Inn project to proceed without any additional action by the Planning Commission or City Council. STAFF REPORT: Although Staff is providing the City Council with a site survey and drawings of the Lake Elmo Inn site that were prepared for the variance request, the Council's decision should not be based on the impact to this one site since many other properties would be affected by the proposed changes. The Lake Elmo Inn information; however, should give the Council a good example of the type of construction and setbacks that would be allowed under the proposed ordinance amendments. In both the City's Comprehensive Plan and Village Master Plan documents, one of the primary goals for the Village is the creation of a traditional, pedestrian friendly, mixed -use development area that respects the existing character of the area, The proposed ordinance amendments would help move the City towards these goals by eliminating some of the existing language that actually works counter to these goals. Nearly all of the existing buildings in the Village have been built with very limited setbacks in relation to the street and side property lines, and few sites are able to meet the City's parking requirements due to the limited amount of space around most buildings. Requiring large front and side yard setbacks and requiring large portions of the -- page 2 — City Council Meeting GB Ordinance Amendments October 5th, 2010 Regular Agenda Item # 9 Village to be devoted to off-street parking is at odds with the goals of a compact, walkable downtown, and is not consistent with historic development patterns. Staff is recommending approval of the ordinance amendments as drafted because they represent a first step towards a Zoning Ordinance that is more consistent with the City's goals and objectives for the Old Village area. In this case, the action requested by the Lake Elmo Inn appropriate since all similar properties would be receiving equal treatment. With the inflexibility that presently exists with regards to variances, the proposed ordinance amendments should also help provide additional flexibility to other property owners in the Village that would otherwise not be available, Please note that the revisions as drafted by Staff are very much focused on only a few of the provisions that help influence the design and character of the Village Area. A more thorough review of the most appropriate zoning regulations for the Village area will be forthcoming as part of future Village planning efforts. PLANNING COMMISSION REPORT,: The Planning Commission reviewed the proposed revisions to the GB — General Business District regulations and conducted a public hearing on the ordinance at its September 27, 2010 meeting. No one spoke during the public hearing portion of the meeting. The Commission did not express any reservations about changing the front and side yard setback requirements in the Old Village area, but did raise several questions regarding the proposed parking waivers. Of some concern was the current demand for parking in the Village and whether or not the proposed amendments would make the current parking situation worse. Staff noted that it was very unlikely that there would be any major building expansions in areas with a deficient amount or parking, and that the general usage of buildings is unlikely to change in the near future. It was also noted that a new Old Village mixed -use district would likely be created in the future in order to implement the future plans for this area. Staff will be conducting an analysis of the current parking situation in the Village area sometime in the near future. Any new information gathered as a result of this analysis will be shared with the Council and Planning Commission, The Planning Commission adopted a motion to recommend approval of the proposed GB District amendments, as presented. RECOMMENDATION: Based upon the above background information staff report, and Planning Commission recommendation, it is recommended that the City Council approve the proposed amendments to the GB — General Business District regulations by undertaking the following two actions: -- page 3 -- City Council Meeting GB Ordinance Amendments October 5th, 2010 Regular Agenda Item # 9 "Move to adopt Ordinance No. 08-030 amending the GB — General Business District regulations for parking and setbacks in the Old Village District" "Move to adopt Resolution 2010-049 authorizing summary. publication of Ordinance 08-030" Alternatively, the City Council does have the authority to table, deny, or further discuss, deliberate and, if appropriate, amend the recommended motions prior to taking action. If done so, the appropriate actions of the Council following such discussion would be: 'Move to adopt Ordinance No. 08-030 amending the GB — General Business District regulations for parking and setbacks in the Old Village District [as amended!" "Move to adopt Resolution 2010-049 authorizing summary publication of Ordinance 08-030 [as amended]" ATTACHMENTS: 1 Ordinance No. 08-030 Amending Section 154.051 (General Business Regulations) of the City Code 2. Resolution No. 2010-049 Authorizing Summary Publication 3. Zoning Application Fowl 4. Application Narrative 5. Septic System Comments 6. Site Survey with New Structure 7, Location Map 8. Architectural Renderings (Patio Structure) SUGGESTED ORDER OF BUSINESS: Introduction of Item ......... ......... Report/Presentation. ........ . ...... . ... Questions from Council to Staff Public Input, if Appropriate ....... Call for Motion ...... ...... ....... Discussion ....... „............... • ..... Action on Motion....................... . ........... ........... ............„...... City Administrator .................. .................. ...... ...Planning Director Mayor Facilitates ...... ...... ............ Mayor Facilitates . . ........ ....... ..............., Mayor & City Council ..... ........... .......... Mayor & City Council . . ......... ...... ........... ...... . ...... Mayor Facilitates page 4 — CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-030 AN ORDINANCE TO AMEND THE GENERAL BUSINESS DISTRICT REGULATIONS FOR SETBACKS AND PARKING IN THE OLD VILLAGE DISTRICT Section 1. The City Council of the City of Lake Elmo hereby ordains that Section 154.051 (General Business Regulations) subsection (C) and is hereby amended as follows: (C) Minimum district requirements. (1) The Old Village District shall be defined as the Old Village Sign District described in § 151.117 (S. 1, a). General Business Lot Size 1-1/2 acres (except as required by Interstate Corridor Overlay District, § 150.230 - 150.238) Lot Width 150 Feet Minimum Building Setback from property lines: (Also see § 154.082) Front: Side (Interior): Side (Co Rear: 10 Feet Minimum 20 Feet Minimum 50 Feet Minimum 50 Feet Minimum No setback reauired for properties located in the Old Village District and south of Minnesota State Highway 5 No setback reauired for properties located in the Old Village District and south of Minnesota State Highway 5 Building Height (Also see § 154.083) 35 Feet Maximum Maximum area to be covered by buildings, parking lots, driveways and other hard surfaces: Lot Size Up to 4 acres Covered Area 145% of lot size I II II I . II I Page 1 of 3 Larger than 4 acres to 8 acres Larger than 8 acres Lot Configuration 35% of lot size 25% of lot size Maximum lot depth to width dimension ratio shall be no more than 3:1 Off -Street Parking: (Also See §§ 154.095 and 154.096) The Off -Street Parking requirements for properties located in the Old Village District and south of Minnesota State Highway 5 may be waived by the Zoning Administrator upon demonstration that there are no suitable locations to provide off- street parking in a manner that complies with requirements found below and in §§ 154.095 and 154.096. Eating and Drinking Places Automobile Service Stations Retail Stores or Centers Motels and Hotels Medical and Dental Clinics Other Commercial Uses (excluding wholesale) Maximum Width of Driveways Signage Septic Drainage Regulation (Also see §§ 51.002 through 51.008) One space for every 2 seats and 1 space for every 2 employees on the average maximum shift Three spaces for each enclosed bay plus 1 space for each day shift employee plus a minimum of 2 spaces for service vehicles and 1 additional space for each service vehicle over 2 in number Eleven spaces for the first 1,000 square feet of gross floor area or fraction of floor area: 8 spaces for each 1,000 square feet of gross floor area in excess of 1,000 square feet, but not exceeding 15,000 square feet; 6 spaces for each 1,000 square feet of gross floor area in excess of 15,000 square feet of gross floor area exceeding 30,000 square feet. One space for each unit plus 1 space for each employee on any 1 shift. Four spaces for each doctor or dentist, plus 1 space for every employee or 1 for each 150 square feet of gross floor area, whichever requirement is greater. One space for each 200 square feet of gross floor area. See § 93.26 See §§ 151.115 through151.124 All newly subdivided lots shall have a minimum of 20,000 square feet of land dedicated for septic system use and suitable for that use. This land may comprise up to 2 separate areas, each of which is contiguous to the 1.25-acre building site or contained within it, and each of which contains at least 10,000 contiguous square feet. Placement of the second required drainfield between the Page 2 of 3 Itrenches of the first drainfield is prohibited. Section 2. Adoption Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. 08-030 was adopted on this 5th day of October 2010, by a vote of Ayes and Nays. Mayor Dean Johnston ATTEST: Bruce Messelt City Administrator This Ordinance No. 08-030 was published on the day of , 2010. Page 3 of 3 CITY OF LAKE ELMO RESOLUTION NO. 2010-049 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08-030 BY TITLE AND SUMMARY WHEREAS, the City Council of the city of Lake Elmo has adopted Ordinance No. 08-030, an ordinance to amend the GB — General Business District regulations for parking and setbacks in the Old Village District; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes. section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Administrator shall cause the following summary of Ordinance No. 08-030 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the city of Lake Elmo has adopted Ordinance No. 08-030. The ordinance amends the GB — General Business District in the following manner: 1) by defining the location of the "Old Village" area, 2) by reducing the required front and side yard setbacks to zero feet in the Old Village area south of Minnesota State Highway 5, and 3) by allowing the waiving of parking requirements in the Old Village area south of Minnesota State Highway 5. The full text of Ordinance No. 08-030 is available for inspection at Lake Elmo city hall during regular business hours. Mayor Dean Johnston BE IT FURTHER RESOLVED by the city council of the city of Lake Elmo that the city administrator keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Dated: , 20 ATTEST: Bruce Messelt City Administrator (SEAL) Mayor Dean Johnston The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. 8 1 7 Cabreeze Project Plans Cabreeco Compan es, LLC 283 Troy 5t River Falls, WI 54022 D Project: C002 Lake Elmo Inn 3442 Lake Elmo Ave N Lake Elmo, MN 55042 Engineering: — Rice Engineering 105 School Creek Trail Luxemburg, WI 54217 Index: c COVER SHEET 1/8 DATED 9/23/2010 ARCHITECTURAL PRINTS ELEVATIONS 2/8 DATED 9/23/2010 STRUCTURE DETAILS 3/8 DATED 9/23/2010 FLOORPLAN4/8 DATED 9/23/2010 FOUNDATION PRINTS FOUNDATION LAYOUT 518 DATED 9/23/2010 SONOTUBE FOOTING DETAIL 6/8 DATED 9/23/2010 BUILDING SYSTEMS PRINTS HEATING SCHEMATIC 7/8 DATED 9/23/2010 ELECTRICAL SCHEMATIC 8/8 DATED 9/23/2010 PROJECT NOTES: 1. 20'X28' FRAME SIZE 2. FRAME MOUNTS TO 30" SONOTUBE FOOTINGS LOCATED 6" BELOW LOWEST POINT IN GRADE 3. 4 ROOF SEGMENTS: 2 OUTER SEGMENTS ARE STATIONARY; 2 INNER SEGMENTS RETRACT - 4. STEEL FRAME ABUTTS GUTTER TO THE WEST AND SOUTH EDGES OF PATIO, 5. SLIDING WALL PANELS ON 3 SIDES 6. WEST WALL AND A PORTION OF THE SOUTH WALL ARE OPEN TO THE EXTERIOR WALL OF RESTAURANT 7. SWINGING EXIT DOOR IN NORTHEAST CORNER 8. STEEL FRAME FINISHED WITH SHERWIN-WILLIAMS POWDERCOAT, MEDIUM BRONZE PNS4-00002 9. ALL ALUMINUM COMPONENTS FINISHED WITH ANO-302 ARCHITECTURAL ANODIZING A GENERAL NOTES: • SLIDING ROOF AND WALL SEGMENTS OPEN TO EXPOSE PATIO • ROOF AND WALL SEGMENTS CONSTRUCTED OF ANODIZED EXTRUDED ALUMINUM • ROOF GLAZED WITH TWINWALL TRANSLUCENT POLYCARBONATE PANELING • DOORS GLASED WITH TEMPERED GLASS • ENGINEERED STEEL FRAME CONSTRUCTED OF STRUCTURAL GRADE STEEL TUBING REV I A I I I 2 DESCRIPTION OF CHANGE ORIGINAL VERSION 7/23/2010 CONFIDENTIAL OS0DNIA s IT.=m610.1ES ua 9°`r,P4 n raxv comtw 2 PROJECT DBi0NATON cabreeco r i° 0 Nor, DRFT LDS DATE 9/23/2010 2p1 Trey $1, RNer F. N/154022 n5 <'25 4200 C002 LAKE ELMO INN CONSTRUCTION PRINTS O2-CONSTRUCTION j A 'ram C002 17Neeriore C.ABREU.E FRAME ABLIFTS EAVE GU -HERS 7 ' 4 4 187" FROM N.E. CORNER (LOW POINT OF GRADE) 129" FROM N.E. CORNER 111" 'ROM N.E. CORNER EAST ELEVATION j"-L r GLASS IN SLIDING DOORS .7-.....^..:: . SOUTH ELEVATION 18' WIIAIG WALL FILLS ENCLOSES THE WALL BENEATH THE EAVE THERMAG LAS POLYCARSO NATE TWINWALL "7"...../-- PANELS IN GABLE END WALL AND ROOF 11 JL 2 NORTH ELEVATION WEST ELEVATION NECW TOLERANCES EXCEPT Al NOTECI I .Att”..LE11011.1..4 .X .10 XXX% .0005 .XX ± .01 ± I ...W. ..)IXX I LDS fATINIAL CONFIDENVAL nirs DOCIAINNT .0111 MAY NOT ME 012Eq, 0.0,1400.03.PUSLIVECI 0£1 =CLOSE IMINCIUTAUTHOMMION MOM ..1314SECOGONPANE.S 3 2 -U. CARR EEZE FRAME AELMS EAVE GLITTERS 2O WING WALL FILLS ENCLOSES THE WALL BENEATH THE EAVE JECIMGRVICH cabreeco .2 Tray S71.411.4gFt .11,5.022 LAKE ELMO INN ELEVATIO NS "t0u2-CONSTRUCTION I r FILE c7ro2 t SHEIT OFS SOUTH ELEVATION 18' WIIAIG WALL FILLS ENCLOSES THE WALL BENEATH THE EAVE THERMAG LAS POLYCARSO NATE TWINWALL "7"...../-- PANELS IN GABLE END WALL AND ROOF 11 JL 2 NORTH ELEVATION WEST ELEVATION NECW TOLERANCES EXCEPT Al NOTECI I .Att”..LE11011.1..4 .X .10 XXX% .0005 .XX ± .01 ± I ...W. ..)IXX I LDS fATINIAL CONFIDENVAL nirs DOCIAINNT .0111 MAY NOT ME 012Eq, 0.0,1400.03.PUSLIVECI 0£1 =CLOSE IMINCIUTAUTHOMMION MOM ..1314SECOGONPANE.S 3 2 -U. CARR EEZE FRAME AELMS EAVE GLITTERS 2O WING WALL FILLS ENCLOSES THE WALL BENEATH THE EAVE JECIMGRVICH cabreeco .2 Tray S71.411.4gFt .11,5.022 LAKE ELMO INN ELEVATIO NS "t0u2-CONSTRUCTION I r FILE c7ro2 t SHEIT OFS $ 7.7) (jC) Fee City of Lake Elmo DEVELOPMENT APPLICATION FORM 7 Comprehensive Plan Amendment IIII Zoning District Amendment Eli Text Amendment E] Flood Plain C.U.P. Conditional Use Permit Ej Conditional Use Permit (C.U.P.) APPLICANT: TELEPHONk FEE OWNER: TELEPHONES; Variance (See below) Minor Subdivision El Lot Line Adjustment Ei Residential Subdivision Sketch/Concept Plan El Site & Building Plan Review /41-r: Name) ling Address) 4712(.‘ %frip trtrr) (Home) (Work) El Residential Subdivision Preliminary/Final Plat O 01 - 10 Lots O 11 - 20 Lots O 21 Lots or More Excavating & Grading Permit El Appeal PUD +Foie ce.11-4-1. 0 te 0-r-A cg--7--• 0.e L.) 1 (ZiP) /2-'1:70*3(00 -71.5- 41-7 — 77 (Mobile) (Fax) $'+- EL,NAD $Je) , (Name) (Mailing Address) z441__K_e_ c. frvl PA N, 6ci 777 4S qra- - (Home) (Work) (Mobile) (Fan) (ZIP) t712— PROPERTY LOCATION (Address and Complete (Long) Legal Description): 354,12— 6-4ec- AA L414 An 0 pm, DETAILED REASON FOR REQUEST: *VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Elmo Mun demonstrate a hardship before a variance can be granted. The hardship related to this 4pp st In signing this application, I hereby acknowledge that I have read and fully understand tlre-swlic-ahlfavisions of the Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as ni7 outlined in the application procedures and hereby agree to nay all statements received from the.Citv pertaining to Vicv-irceiG1.15 additional application expense. / §i6nature ofApplicant 5ez-, /5/, 05-1, 0 q5- Eitem ykc_5(- ,Z3 Date of Applicant 0/1/2003 City of Lake Eitso • 3800 Laverne Avenue North • Lake, Elmo • 55042 • 651-777-5510 • Fa% 651-777-9615 Dati 1September ZU1O Dear the City of Lake Elmo, Currently Lake Elmo Inn, ofLake Elmo, Minnesota, has awhite and clear plastic tent serving au anoutdoor eating area for their guests. The tent, which has been set upinthe same area since 199(lis an eyesore a few feet from the sidewalk tucked behind a nice raised flowerbed, Next to the tent is the permanent addition that Lake Elmo Inn added to their building in 1995, which is a few feet closer to the road, putting it directly atthe sidewalk edge. Lehc Elmo Inn would like toobtain avariance toconstruct an attractive 20 X 28 Cabreeze Structure which will seat 35 people in about 80% of the footprint the tent has been occupying for the last twenty years, The Lake Elmo Inn isaunique building because itwas originally built inthe early 189Osand was astagecoach stop. The historic building had property lines long before a permanent, paved road was built next tothe building. When the road was built, itlimited expansion opportunity for the owners. Because the building was there before the road, m/efeel Lake Elmo Inn should beable toreceive a variance. The current tent is not the ideal situation for Lake Elmo Inn because it is unusable throughout the majority of the long Minnesota winter and, as mentioned above, it lacks "curb appeal," The Cabreeze Structure will be aesthetically pleasing and will extend the patio seating capabilities throughout the winter season for the restaurant. |fthere |umore seating space, more time out pfthe year, more people will come and there will be more money spent in the community. IfLake Elmo Inn isable tnbuild aCabreeoe, the whole community ofLake Elmo will benefit because a larger amount of people for a greater portion of the year will be able to sit at Lake Elmo Inn, keeping locals local and bringing tourists into town. New money will pour into the community asa result of people eating at Lake Elmo inn and exploring the community instead of frequenting other, more spacious restaurants and exploring their cities. In conclusion, Lake Elmo inn and the community ofLake Elmo will benefit from allowing a variance for the Inn toerect aCa6reezeStructure, ACabreezeisaesthetically pleasing, will allow for a greater seating capacity during the colder portion of the year and allow for the possibility of more money toenterthmcommunity. Thank you for your consideration, PCD Box .354 • Afton, MN 55001 651-436-578 To whom It may concern, • 651-439.4847 • Etx: 651-769-05M 9-2-2010 The addison of 35 seats being used all year long should not affect the septic system if kept on its monthly pumping schedule at the Lake Elmo Inn. Pinky's Sewer Service "Trusted &Recommended far Over 40 Years lOUROOP Xd 0100/60 0 81 )2) 40 ( 002 7) 5-11 7 PUBLIC WORKS DEPARTMENT SURVEY AND LAND MANAGEMENT DIVISION 14949 690 Street Norfh, 9,0. Box 6 Minnosola 55082-0006 (651)430-6875 survoyol@co.whIngton.mo.us www.co.washinglon.mn.os 6 108 2 (0090 0801 6 7 ) 13-02 2 0071 ( 00 7 0) (0071) - END FAH PROTECTED WATERS DNR PROTECTED W ETLAND DNR PROTECTED WATERCOURSE MUNICIPAL BOUNDARY PARK BOUNDARY 113 (0043) (100.4 2 (0066) ( 0 0 6 9 ) 21 81 ' (005U) zo4700 36TH _I ,Cfp 147 cz;) 29 0053) 1 D17.00 ,1411-1.4:411:11...,'4..7,114.116-16,..,w10140 2 (0055) NORTH 81 81 LLJ05 'Ng z CC P. L11 27 09100 I (ORO) STREET NORTH I7DED 5 6 a 7 81 81 8 81 9 81 LOT 44 (OnIC) LOT 45 ,so. /4vA' A (0036) 412.5D LOT 46 8 (0037) 412.M 81TO1%NSHIP-RANGE INI1D I 1107-921 1202921 0702920 11402921 1302921 29281 SCALE: 1 Inch 180 lest 2 29 242921 1±I0 412.30 COUNTY VICINITY MAP 150.00 ( 001 5 ) 180,00 (002 3 • LOCATION OF MISHAP 6 1 PART OF LOT 40 UNE A — LOT 98 81 -353.76 347.90 (0022) .107S0 ( 0 021 ) 0451 IA OF DISCKDANCY 15730 +/- 378.3ff — L.OT 47 (0009) 455.46 PAOPETY leENnFicATta N0561611 FORMAT (GEOCCOE) MOTION IGIVMPNIP WOE MIMI BREAM WIER Roam MODER WOW ?WEI 04 000 80 RA 0998 (0w') "E.T,T.Z.,`,saTitfg°'''"' 50 0 08 50 41 RODS - — - 726.00) MON UNE OE INE SOWN 1800 01 DI WE SW I/4 THIS DIRAWWG IS THE RESULT OF A CDOPILATION AND REPRODUCTION Or LAND RECORDS AS THEY APPEAR IN VARIOUS WASHINGTON COUNTY OFFICES, WASHINGTON COUNTY IS NOT RESPONSIBLE FOR ANY INACCURACIES. PROPERTY LINES AS SHOWN ARE FOP REFERENCE PURPOSES AND MAY NOT REPRESENT ACTUAL LOCATIONS, MAP LAST UPDATED,: Ociaber 31, 2009 NO ADDITIONAL CHANGES HAVERED' REPORTED TO DATE DATE OF CONTOURS: Awl 2000 DATE O. 9 PHOTOGRAPHY: None $ 3.00 0 C) 00 ea) 6- 00. 0 0 01 80 11 81 81 81 8 7 Cabreeze Project Plans Cabreeco Companies, LLC 283 Troy St River Falls, WI 54022 Project: C002 Lake Elmo Inn 3442 Lake Elmo Ave N Lake Elmo, MN 55042 Engineering: Rice Engineering 105 School Creek Trail Luxemburg, WI 54217 Index: c COVER SHEET 1/8 DATED 9/23/2010 a ARCHITECTURAL PRINTS ELEVATIONS 2/8 DATED 9/23/2010 STRUCTURE DETAILS 3/8 DATED 9/23/2010 FLOORPLAN 4/8 DATED 9/23/2010 FOUNDATION PRINTS FOUNDATION LAYOUT 5/8 DATED 9/23/2010 SONOTUBE FOOTING DETAIL 6/8 DATED 9/23/2010 BUILDING SYSTEMS PRINTS HEATING SCHEMATIC 7/8 DATED 9/23/2010 ELECTRICAL SCHEMATIC 8/8 DATED 9/23/2010 4 PROJECT NOTES: 1. 20'X28' FRAME SIZE 2. FRAME MOUNTS TO 30" SONOTUBE FOOTINGS LOCATED 6" BELOW LOWEST POINT IN GRADE 3. 4 ROOF SEGMENTS: 2 OUTER SEGMENTS ARE STATIONARY; 2 INNER SEGMENTS RETRACT 4. STEEL FRAME ABUTTS GUTTER TO THE WEST AND SOUTH EDGES OF PATIO. 5. SLIDING WALL PANELS ON 3 SIDES 6. WEST WALL AND A PORTION OF THE SOUTH WALL ARE OPEN TO THE EXTERIOR WALL OF RESTAURANT 7. SWINGING EXIT DOOR IN NORTHEAST CORNER 8. STEEL FRAME FINISHED WITH SHERWIN-WILLIAMS POWDERCOAT, MEDIUM BRONZE PNS4-00002 9. ALL ALUMINUM COMPONENTS FINISHED WITH ANO-302 ARCHITECTURAL ANODIZING A GENERAL NOTES: • SLIDING ROOF AND WALL SEGMENTS OPEN TO EXPOSE PATIO • ROOF AND WALL SEGMENTS CONSTRUCTED OF ANODIZED EXTRUDED ALUMINUM • ROOF GLAZED WITH TWINWALL TRANSLUCENT POLYCARBONATE PANELING • DOORS GLASED WITH TEMPERED GLASS • ENGINEERED STEEL FRAME CONSTRUCTED OF STRUCTURAL GRADE STEEL TUBING tl 7 1 4 4 REV A UM trAtt RW SARCASM TOLERANCES EXC;'TAS .X 3.16 .XXX%X xX <MI Andes3 xx%a RE N.ttSUL 2 DESCRIPTION OF CHAN ORIGINAL VERSION 2 23120 1 CONSTRUCTION PRINTS B JD"` °t002-CONSTRUCTION DR Los cabreeco DATE CRS TM/ SI. PMer "Rs. ac Wf 54E22 nE as na C002 LAKE ELMO fNN D NOIl3AL? CAD FEE cOO2 I she- 2 A CABREUE FRAME ABLITTS EAVE GUTTERS 0 A 7 EAST ELEVATION SOUTH ELEVATION 8" WING WALL FILLS ENCLOSES ALL BENEATH THE EAVE 4 18' 7" FROM N.E. CORNER (LOW POINT OF GRADE) 129" FROM N.E. CORNER 1 l'1'' 'ROM N.E. CORNER N r GLASS IN SL1DING DOO P-5 THERMAGLAS POLYCARBONATE PAIINWALL PANELS IN GABLE END WALL AND EOOF Li NORTH ELEVATION WEST ELEVATION LESS OThEWR MGM .10 .XXXX 1.0005 -.XX .1AI Angie; ± 1* .X.AX .1105 MAIENAt *4.1401CLFriramcil. .riloVAL4 0 WM LDS IRf23I2CK J—L 1 CABREEZE FRAME ABUTTS EAVE GUTTERS J—L 20WING WALL FILLS E.NCLOSES THE WALL BENEATH THE EAVE MOJECTOESIVOMON cabreeco 209 Tray s71.,. W 6.:¢2 LAKE ELMO INN ELEVATIONS CONFIDENI1AL 8 "`b002-CONSTRLJCTION WIG CILICUNIEW IS 7n ARREFtrelar VtlIFIESZO GOMM= MO AtteargnafaCeldLED4161.17146/18=157450 - PO KA cA Lie. ha cm., 2 , ITO OF LAKE ELMO MAYOR & COUNCIL COMMUNICA T/ON AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 10/05/201 0 REGULAR ITEM #: 10 MOTION Agricultural Sales Businesses — Consideration of Ordinance Amendment Alternatives Planning Commission Kyle Klatt, Planning Director Bruce Messelt, City Administrato` Dave Synder, City Attorney Kelli Matzek, City Planner SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider a unanimous recommendation from the Planning Commission to amend certain sections of the City Code pertaining to Agricultural Sales and Agricultural Entertainment Businesses. The Commission is recommending that these types of activities be regulated as an interim use permit in the zoning districts in which they are allowed, and that the Council consider several other revisions to the agricultural use standards in the code as outlined in the attached Ordinance No. 08-031A. The recommended motions to act on these items are as follows: "Move to adopt Ordinance No. 08-031A, including the specified Findings of Fact, amending the City's agricultural use definitions and regulations." 'Move to adopt Resolution 2010-050 authorizing summary publication of Ordinance 08- 031A" BACKGROUND INFORMATION: At its last meeting, the Planning Commission reviewed three alternative ordinances for regulating agricultural sales businesses within the City of Lake Elmo. This review was in direct response to the City Council's direction to develop alternative language to the City's current regulations concerning agricultural sales, which are limited to only those products grown on the premises. Using as a guide input and feedback from previous Planning Commission discussions and related Public Hearings, as well as discussions and public comment received by the City Council, Staff prepared three ordinance alternatives (from an initial list of seven) that would also address the City Council's request to review this matter (and any questions about the legality of the ordinance). The Planning Commission considered each of these alternative ordinances as a -- page 1 -- 4 City Council Meeting Agricultural Use Ordinance Amendments 10/05/2010 Regular Agenda Item # 10 . potential response to the issues associated with the City's current agricultural sales and agricultural entertainment regulations. The options reviewed by the Planning Commission included the following: Option 1 — Planning Commission Recommendation (Ordinance 08-031A). This ordinance would regulate agricultural sales businesses and agricultural entertainment businesses as an interim use permit in the districts where they are presently allowed either as a permitted use or conditional use, At the conceptual level, the Planning Commission stated its preference for this type of approach among the several different alternatives that were suggested by Staff. The Planning Commission subsequently unanimously endorsed this option for affirmative Council consideration (with certain included revisions and possible additional evaluation). Option 2 — Revisions that would allow Any Agricultural Sales (Ordinance 08-031B). This ordinance would eliminate only the language concerning "grown on the premises" in the agricultural sales and wayside stand definitions, and would be most consistent with the remedies sought by the Country Sun Farms and others in their lawsuit against the City. Option 3 — Removal of All Sales Provisions (Ordinance 08-031C). This ordinance would eliminate all references to agricultural sales or agricultural entertainment uses within the City of Lake Elmo, If adopted, this ordinance would limit any sales of goods on agricultural lands to only what is provided for under the Minnesota Constitution, ORDINANCE HISTORY: In 2008 the City approved several amendments to the City Code that amended some of the definitions associated with agricultural activity and clarified where these types of activities are permitted, either by right or conditionally, within the City. These amendments defined an agricultural sales business as the "retail sale of fresh fruits, vegetables, flowers, herbs, trees, or other agricultural, floricultural, or horticultural products produced on the premises," if other specified terms were also satisfied. Similar language remained in the wayside stand definition, although this particular definition was further revised by the City Council within the past few months to be more consistent with the agricultural sales definition. The 2008 Ordinance also amended the City's sign regulations to allow certain types of businesses, including agricultural sales, to install off -site advertising related to the business. In late 2009, one agricultural sales operation applied for a conditional use permit for an Agricultural Entertainment Business (which required that it also meet the definition of an Agricultural Sales Business), but its operators indicated that they did not plan to meet the "produced on the premises" language. In addition, Staff has identified at least two other agricultural sales businesses that also sold produce that was not produced on the premises. Rather than taking immediate action to enforce the City Code at that time, the City Council decided to first study the issues associated with these uses and requested that Staff develop some alternatives to regulate this type of activity. --page2— City Council Meeting Agricultural Use Ordinance Amendments 10/05/2010 Regular Agenda Item if 10 As part of the initial process to prepare a list of alternatives, Staff offered to meet with the owners all of the larger agricultural sales operations within the community. Two of these businesses met with Staff while two additional owners did not attempt to meet after the initial contact with Staff. In order to provide the City Council with a better baseline to consider how the various agricultural uses are regulated by the City, Staff has prepared the attached chart depicting: 1) any agricultural uses that are defined by the code and where these uses are allowed, 2) any uses that are not defined but are still listed in the various zoning districts, and 3) whether these activities are allowed as a permitted, conditional, or interim use. REVIEW OF OPTIONS: As noted above, the Planning Commission considered several different options to respond to the Council's direction at its last meeting, and expressed a preference for pursuing an interim use strategy as a way to allow a certain amount of agricultural sales in the community regardless of where the produce is grown. This objective of this course of action would be to allow sales businesses to supplement their crop when necessary while still giving the City the ability to review these types of businesses for compatibility with the existing (and future land uses) surrounding the sales site. The other goal of this ordinance option is to establish a clear set of regulations and standards that will need to be met by a business operating under the interim use permit. These regulations are important to help ensure that agricultural areas retain their rural character and do not become a nuisance, imposition or hazard to other properties or the environment. An interim use strategy also makes sense in the City's agricultural zones since most of these areas may ultimately be used for residential development. Agricultural businesses that today may operate with substantial setbacks to any residential development could eventually be surrounded by residential homes at some point in the future. An interim use allows the City to take any uncertainty regarding when properties may develop into account as part of the permit review. A brief summary of the changes proposed under the draft ordinance labeled as "Option 1" includes the following: A definition has been drafted for "Greenhouses" which has not previously been defined under the City Code. Where they were previously permitted, agricultural sales businesses have been reclassified as an interim use. The definition for "Agricultural Sales Businesses" would be revised to eliminate the grown on the premises language. Any sales of products produced on the premises would be allowed in accordance with State law, as well as pick -your -own or cut -your -own type businesses. -- page 3 -- City Council Meeting Agricultural Use Ordinance Amendments 10/05/2010 Regular Agenda Item # 10 Existing definitions that are not used anywhere in the City Code would be deleted, including the "roadside stand" definition. Where they were previously permitted as a conditional use, agricultural entertainment businesses have been reclassified as an interim use. The standards for "Agricultural Entertainment Businesses" have been moved to the performance standards section of the code. Several of these standards have also been incorporated into the Agricultural Sales Business standards, and a new provision has been added that incorporates all of the Sales Business regulations. The standards for "Agricultural Sales Businesses" have been augmented in part to reflect their reclassification as an interim use. Ordinance options two and three are much simpler because these ordinances only eliminate provisions rather than add anything new to the code (other than the Greenhouse definition which Staff would recommend adopting regardless of the Council's final direction). Of note: As per Planning Commission direction, City staff did evaluate the possibility of crafting an Administrative Permitting process, along the general line of thinking behind the Interim Use ordinance. However, identifying existing model language and modifying such for Lake Elmo regarding authority and procedures for an administrative permitting process did not prove as feasible as utilizing the Interim Use ordinance language already in place and allowed by statute. As such, this possibility has not been prepared and is no longer recommended for further evaluation at this time. From a Planning and Zoning perspective, please consider the following benefits and drawbacks associated with each of the forwarded options: PROS OPTION 1 Provides opportunities for the sale of produce grown off -site. Gives the City the ability to review operations that are more commercial in nature than typical agricultural and rural residential uses. Does not allow the permit to continue indefinitely with the land. Allows a broader range of economically -beneficial nonresidential uses of property until land redevelops. CONS Possibly more costly and time consuming for businesses than a permitted activity. Increased workload associated with administering interim uses. Does not set a threshold for when a permit is required (any Agricultural Sales Business would require an interim use permit) -- page 4 -- City Council Meeting Agricultural Use Ordinance Amendments 10/05/2010 Regular Agenda Item # 10 OPTION 2 OPTION 3 PROS Ensures that the City will have an opportunity to reevaluate the permit, and to then take into consideration changing conditions. Provides a direct response to the current questions posed by certain farmers and litigants. Would be the easiest to administer since any Agricultural Sales Business (that is not also another kind of conditional use) would be permitted, without the need to obtain a permit. Would help the City avoid any conflicts regarding what is agricultural verse what is commercial. Only those sales activities expressly provided for in the Minnesota Constitution would be allowed. Provides the most distinct classifications between agricultural, residential, and commercial uses. CONS Allows commercial sales activity on any property zoned A or RR. Provides little protection for surrounding land uses from any commercial activity. Allows commercial activity to continue even after substantial land use changes in the area. Commercial activity is not consistent with the majority of the future land use in the City for areas presently zone A or RR. Eliminates all retail sales activity in agricultural zones. Does not allow any augmenting or substituting of products for farmers that experience "unforeseen events". PLANNING COMMISSION REPORT: The Planning Commission considered the ordinance alternatives at its meeting on September 27th, 2010 and conducted a Public Hearing on the proposed revisions to the agricultural use provisions in the Zoning Ordinance. Representatives from the Krueger Tree Farm, Ziertman Farm, and Country Sun Farms spoke at the hearing and: 1) raised questions about the enforcement of the proposed provisions, and 2) suggested several revisions to the first option to improve the consistency of the ordinance with other regulations in the City Code, The Planning Commission also suggested several revisions to the draft ordinance Option 1, including the following more significant changes: Revising the definition of Agricultural Sales Businesses to continue to allow "pick your own" and/or "cut your own" operations as part of a sales business. -- page 5 -- City Council Meeting Agricultural Use Ordinance Amendments 10/05/2010 Regular Agenda Item # 10 Eliminating any duplicative standards (and combining standards where possible) between the Agricultural Sales and Agricultural Entertainment performance standards. Adding Agricultural to the list of permitted activities in the A and RR zoning districts. Reducing the minimum lot size required for an Agricultural Sales Business from 40 acres down to 20 acres. Specifying that the buffer setback from residential properties only applies to the sales areas, not the growing of crops. Staff has taken the Planning Commission's comments and other suggestions received during the Public Hearing to further revise the preferred ordinance (Option 1) in advance of tonight's City Council meeting. After a lengthy review and discussion, the Planning Commission unanimously recommended approval of Ordinance Option 1 (drafted as Ordinance No, 08-031A for the City Council). The motion was passed with a vote of eight ayes, zero nays, and one abstention. RECOMMENDATION: The Planning Commission is recommending that the City Council adopt the following motions to amend the City's agricultural use provisions: 'Move to adopt Ordinance No. 08-031A, including the specified Findings of Fact, amending the City's agricultural use definitions and regulations." "Move to adopt Resolution 20.10-050 authorizing summary publication of Ordinance 08- 031A" ATTACHMENTS: 1. Agricultural Use Comparison Chart 2. Ordinance No. 08-031A (Ordinance Option 1) 3, Resolution No. 2010-050 — Summary Publication 4, Ordinance No. 08-031B (Ordinance Option 2) 5. Ordinance No. 08-031C (Ordinance Option 3) -- page 6 — City Council Meeting Agricultural Use Ordinance Amendments 10/05/2010 Regular Agenda Item # 10 SUGGESTED ORDER OF BUSINESS: Introduction 0fItem City Administrator RenOrt/9rnnootatioo.................................................................. Planning Director (]uuStioou from Council to Staff Mayor Facilitates - Public Input, ifAppropriate Mayor Facilitates Call for Motion Mayor &sCity Council Discussion Mayor &cCity Council Action on Motion Mayor Facilitates — page 7— 1),RAFT ()1.1.DIN.A.NC1., —OP! CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-031-A AN ORDINANCE TO AMEND,AGR1CULTURAL BUSINESS DEFINITIONS Formatted: Font:Bold AND REGULATIONS 1,1ND 1NGS: Under the iviunicipal PIanihAo and hc Ma1»lita and l'Iannin)2 ita (0 a eii-Y 1)1UP. 1'\ CCORIiH21l (f it C01111)1d1(211,SIV-e Mita. tN R,A,D land (Pa," iieS11."11(11100 presents dowit senn-rural t.k!\.elopincnt, rartns.. A ItQrnativc' (-1SC,,si Ldnn1 (kid ici1 111d miItcc T1e CV(:1' 1101.K(1111," MOSi to the (r.:11.\-'S (,(11(.0 art.'aSu 100e(.1 1.111S la417011. 11)1:-; 1110111.1k.':', artz'aS (hal a(V zoned ALIfie(11(1.1f0., lir ktHdeiiiial, and (.)DenS1-2ilce. 3. By contra. around the (fit cetti,..1'" is ,In ara\\'ith 4, (f0111111e("Ja4L72,0110(1 \VI(111111[1(." Ih;o: arc zoned (.iener...11 (.."fooral Pusiness Pad: C,..)nuncl'cia I I liu.sincss Scv,..croci kkndai 101t.int;, Conv.ttionce Busincs. and 1 ;mired rins'itics, [;. Th,' Land 117,sc lLni (.....'ornoiehensik.: Han plaecs:Thu.ci-,0 esmohccy.,js an thi-eL:' ',nriortv licr Iha ('d' jr o »'<serve rurLd charactc.,r, l/Pc°11 SINIC(.'.. and rneii L.vilidoisf and —the (.1(.,sire n ratan iis jdcro \. ;toil st_Th,e OrC001(11(J(1r,..41\L(lic,-aC('1111c..,1 tik 11.S(.01(l' T(1)er SI(11.(:::'; 111(11 ihc Plan ''',uonow:c iiyintnonilv Cued clot, raliwi. than a nk•-aci) continu;nion 1101)1 cominiolji,, ird 1i 1inke Han aie more to tw.rochi:\,,N.1 Lo'dircInet.- r.i.latek1 kind in Asqi,.'uln..11-,.;. 16.-:-.:Hdontiai.. and ()nn kCriel.'1 1,..11 iu11,A)110...;(' 01)jeCOV: rt12:,11.0IU iP)Dil,.:1 n,Ilik`r clp:i10/11r1C111- Page 1 of Formatted: Indent: First line: 0" Formatted: Bullets and Numbering ' Deleted: 13 t11,2 tI4 UH 4I not rontl c.11111'1111.1 *P',Ik:e hw1. t*IR.:.1 14!:1J;11 NlibiLTied 10 dla[ such (1,...) 11111 oRsseut thQ l kis ,41iTicietltiV killj.4 for 1fr,4d Ori,;.11 ot-hci.\\As: DivscrscirtL,. the 4'h1rt.c.1.0" oft,:ulture, kuisk tticl ()pea Six..1k..e. districts,. 7. 'the CitriCilf dcl' inun r $..!1"101111.11;11 awl indicectiv. olL 11).D'iCtlittird I l'Jtterwiruneni Businesso rostriei pro(luce sales hv those \vl-to 11)141eo31cli1i1tt;t1 use pet -wits rot' soch uses; to sales 01)-iroi-Joc:e ihat produccd on the premises. \VIlett the \vw-; first 11ll11 lik pet.form6nce stamktriis in 2110 vciter, thosc catolocis oick.)(ditiottal uses \VOA'. eiVat(1. Stidi k:(.111111)Ciei;Ilacliy&,/ I.)1'1110si". 1's C011)1)1i0;,1 With 111111 111110 (fits,: \\:S)1111 hilt k 1 c hlFellid111111LL ocrformance 1dn totellaw.,A.-xl,h1(Sit objccisi yes dcscrib(1 1' ,, if laild \Vitt! 4 tifa; 11i111( Ifl o f1iS4.!1101-1, likChhood Ihc,t thi; 1)100C.:`.r1V 1,) '\yi); (:'11`.. l'470114" 111.0 Pli?11011' 161. 1 CZOIliip! 10 V, V11,10-r4IT'al c1C,:,0,11atiOrt,_ 1111:, thi" CII V find", thi$t 1h4 LIlIdI 411 Dreservitiv the r1'1.31 cliar;tetct• oi)tccas tli(1(.'d L11)(1 /.(i1tei..1 161 111111.' u R U14ll ROCZtj RSid000;;;L, add (..)nc?'1'1 diS(fiCIS 4 not overly restrictive. 1). 1 111.1 C11V 4 41111111L1111121,, 111k1 cistriclue to ,s1-4:Arics urie:soc'e;c(i Lyportuttiiws .ftpulicl.d,ay, the c,ill 4,,x04.4ts (hat certain .rtirsid sidiacent III thi.:;11.1.4il1 eveniiJally con.yet'ted uses,. Bc,..:ause. 1:/1 (11(11'..‘? 1,4144 43 t. 11.1111; drc irl hl llttil'1'. aUthi.',1i1Y1)1'04 111NI f\flii)fle;i( fuf I(' I'U1 4)431 11131 13 )('414(4) iILiji:,3 C,I,111,11013)i,3i;-.11,.!1.1,1 111k414 ILIlIlil co(i is c.icuLlilly more Deleted: 13 Page 2 of 191�A F'( 4DkDIN,1NcE _.. (YVTIO' ;'n an ...A ;eC Ir1.4i Net a maxim uin iunter+'ii:' tI1)I'i'ati,l!1111!1\' ;tddint.: to the runoff atvrotlrlaiie Nvsic roe.. and rarluice <; 1%11 Pcr ar_c";i It >id att\' t.le I it oi) ertlt?atibk, \+i Ce uiitinc'lih. ine s dos nut eNcQed V\ ILO i,, uch floor 13. I itc' t)l1}!,.t'tIve 1',il CI1`',11f11111 that Qusti)Iltcrs a ra ctCLt to sut.h husineLss. thi:ir children. are twt unreason;lhly sulijecrecl to rill: i eonn`liaace with Darkinc2 reel awd desit_med Olt ift wils1e1w tlfet' litIndltll.' system r 11 desi naieci poilsll!lc a t€illt 1'f$v, <`tlid limit ticreened rattil>titc't'il atlC1 titatt�'1'1tt Thal liC1i a C:; C) t not IJrd;,ent an added far any l hrisonas 1 re'es that. a! sold PlIr1 ni ',Pt /+c L'I'1C111$Lif'Ii1 wale"ti Blaine: I:'. 11t i 1 tral It l i 't Iil.�l11 OPA Page 3ofr() PV Deleted: 13 OPA NAi'tiCE, L'IciPot tht: 0.1.'11.11 thi n dwtu 1'111.:\121:3 IlIllSt iHl ;ji,plient)1,2 to As13.; inRi ror (ik%':, Skittle: it i‘; im(),ccuini t),,Trot-n-r;in,:e ,..tattaarcl 1:of S11;. arki 1 lie :1110 \A'C'.1 i tlyol ddl tatk:hailc.th.,..csl?ek.dtiu h tu d 1.11m Jidkni 1 by intp,Hip..! additiotml oil i\L.k fold dirk:L.:I to a colictor or .Lin .1),rc:dirpa„ ItIH 4(0011 IIIC 111,10Vt` iff Fact, tviticii h. City Council of ill(' (At of 1..aLc Hum hil-a,vtidoi21, The City Council ofthe City of Lake Elmo does ordain: Section 1. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 (Definitions) is hereby amended to add the following definition: <ifZELNIIOCSLti. useti fur tin vrolIiPI! 'Art? ' Section 2. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 (Definitions) is hereby changed to amend or eliminate the following definitions as shown: AGRICULTURAL BUILDING. A structure on agricultural land, as defined below in the definition for FARM, RURAL of this section, designed, constructed. and used to house farm implements. livestock, or agricultural produce or products grown by the owner, lessee, or sublessee of the building and members of their immediate thmilies. their employees. and persons engaged in the pickup or delivery of agricultural produce or products. AGRICULTURAL ENTERTAINMENT BUSINESS, An agricultural sales business that combines the elements and characteristics of agriculture and tourism. which is not necessarily located in an existing building. Examples of agricultural entertainment include: corn mazes, hay rides. sleigh rides, petting farms, on -farm tours. agricultural related museums, demonstrations of fan-ning practices. techniques and methods, fee - based fishing and hunting. horseback riding, nature trails. haunted barns and similar activities which are related to agriculture. AGRICULTURAL MUSEUMS. The keeping. restoration, maintenance and display of the structures, tools and equipment utilized in the production of agricultural products. Restoration and maintenance activity shall be limited to those structures. tools. and equipment permanently kept on display on the premises. Retail or wholesale sales of any product are specifically excluded. Deleted: i3 'Page 4 of l) \01<.1)L`4,1, AGRICULTURAL SALES BUSINESS. The retail sale of fresh fruits, vegetables, flowers, herbs, trees, or other agricultural, floricultural. or horticultural products, The operation may be indoors or outdoors, anclmay involve k Iitcals co(hldff0 ih.oroducts ov accessory sales of unprocessed foodstuffs; home processed food products such as jams, jellies, pickles. sauces: or baked goods and homemade handicrafts. The floor area devoted to the sale of accessory items shall not exceed 25(lii, of the total floor area. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold as accessory items. No activities other than the sale olgoods as outlined above shall be allowed as part of the AGRICULTURAL SALES BUSINESS. AGRICULTURE. The production of livestock, dairy animals, dairy products. fur -bearing animals. horticultural and floricultural nursery stock. fruits of all kinds. vegetables. forage, grains, bees, and apiary products. ANIMALS, DOMESTIC FARM. Cattle, hogs, horses, bees, turkeys. geese, sheep. goats, chickens. and other animals commonly kept for commercial food producing purposes. COMMERCIAL LUMBERING OR HARVESTING OF FOREST PRODUCTS* Any removal of trees that may result in the commercial sale of any wood or product of the tree* COMMERCIAL USE. The principal use of land or buildings for the sale, lease. rental. or trade of products. goods, and services. FARM. RURAL The portion of a 10 or more acre parcel of land which is devoted to agriculture by the property owner or by a lessee of the property owner, FARM. SUBURBAN* A suburban farm is a non-commercial. food -producing use primarily intended for the use of the residents. and usually on less than 10 contiguous acres. Suburban agricultural uses may include production of crops such as fruit trees, shrubs, plants, flowers, vegetables. and domestic pets* FARMER. Person permanently residing on a tract of land of not less than acres in the city and who farms the land for a livelihood. FLORICULTURE. The cultivation and management of ornamental and flowering plants. HORTICULTURE* The cultivation and management of trees, plants. grasses, vegetables, and fruits. Page 5 of Deleted: produced on the premises . Formatted: Highlight Formatted:Hightight Deleted: include rink -your -own opportunities Deleted: COMMERCIAL FOrlD PRODUCING FARM OPLRA'FIONS. See RISAI - Deleted: 75 Deleted: 13 prrAi,"I oiair.,AN(„1, opl"107-•1 kENNEL: ANIMALS. Any place where 4 or more of any type of domestic pets over 4 months of age. are owned, boarded. bred. or offered for sale. NON-ACiR1CULTURAL LOW IMPACT. The outdoor storage of off -road mobile construction equipment of any weight: the indoor storage of the aforementioned items and other goods and materials which, in the determination of the City Council, do not jeopardize the health, safety, or welfare of the city: nature farms; agricultural museums; farmer's markets: small engine repair shops: contractor maintenance shops: or office space as an accessory use to the aforementioned uses. OPEN SALES LOTS. Lands devoted to the display of goods for sale. rent, lease, or trade, where the goods are not enclosed within a building. STABLE. PRIVATE. The keeping, breeding, raising, and uses of horses or ponies on open space owned and maintained by an association of adjacent property owners for the exclusive personal use and enjoyment of association members and for which commercial gain is not the primary objective. WAYSIDE STAND. A temporary structure or vehicle used for the seasonal retail sale of agricultural goods, floriculture. and horticulture produced by the operator of the WAYSIDE STAND. ,A Itich is cleork. o sek.:(,..,ndiry use of the ()remises omi does no+ clioht4c the cMN,cicr thereof, Section 3. The City Council of the City of Lake Elmo hereby ordains that Section 154.033 (Agricultural Use Regulations) subsections (A) and (B) are hereby amended as follows: (A) Permitted uses and structures. Farm. suburban or rural: Poultry facilities meeting state and federal regulations: Farm buildings: Farm drainage and irrigation systems; Forestry meeting state and federal regulations: One farm dwelling per farm also see * 154.091 and 154,1051, Page 6 of Deleted: NATr FARMS, The keeping of annuals and or the growing and 'seeping of agricultural products) for the purpose of display to the publk). not including the breeding and keepine. anneals for boarding or sale. Examples of this use would IIK Iii&k"petting farms.- ) or the display of unique horticulture, Retail or wholesale sales °laity prodtici are speeifically excluded.11 Deleted: NURSERY. LANDSCAPE. ) A business growing and selling trees, flowering find decorative plarits. and shrubs and which mis be tannin:led 1 within a building or wilhout.! ) Deleted: ROADSIDE SALES ) STAND. A farm:titre used only for the ) display and sale of products. with no space for customers within the structure. on a seasonal basisdli Deteteth 2 Deleted: 3 Deleted: 4 Deleted: 5 Deleted: 11 Deleted: ::‘;AN 1 ( One non -farm dwelling per each 40 acres, or part of a dwelling on ; _Deleted: 7 a prorated basis. not already containing a farm or non -farm dwelling. provided: (a) The dwelling unit is located on a separate parcel of record in the office of the County Recorder and/or County Auditor. which shall be at least 1-1/2 acres in size: (b) The parcel on which the dwelling unit is located must have at least 125 feet of frontage along a public street, be rectangular in shape and no dimension to be greater than 3 times the other; and nearest farm building. (c) The dwelling is separated by at least 300 feet from the Wayside stands: Deleted: 8 (10) Joint ownership of property or ownership by association or rental for the purpose of providing private ardensforest plots to its members or lessees, ranges; Deleted: 0) Agricultural sales businesses subject lo performance standards outlined in 154,1 It); and't Formatted: Highlight Deleted: or ,(B) Uses permitted by conditional use permit, Deleted: ( Greenhouses: (2) Kennels; (3) Stables: (4) Commercial recreation of a rural nature, including outdoor target (5) Agricultural service establishments primarily engaged in performing agricultural animal husbandry or horticultural services On a fee or contract basis. including sorting, grading. and packing fruits and vegetables for the owner, lessee, or sublessee: agricultural produce milling and processing for the owner, lessee. or sublessee: horticultural services; fruit picking: grain cleaning: veterinary services; hoarding and training of horses, Open space development projects. as regulated by § 150.175 et seq.; (7) Non-agricultural loNv impact uses pursuant to the standards described in division (F) of this section; and Deleted: (81 Agricultural entenainmeut businesses subject to the following performance titallthli'd$:., Deleted: 13 Page 7 of (Am. Ord. 97-57. passed 7-18-2000; Am. Ord. 97-191. passed 4-3-2007) l c: standards __(f)J Accessory uses and structures (see ti* 154.092 and 154.093). (1) Uses and structures which are customarily accessory idental and subordinate to permitted uses and structures as defined in ti t d clearly (2) Private garages, carports. screen houses, conservatories. playhouses, swimming pools and storage buildings, as defined in ti 1 1,01, for use by occupants of the principal structures; and (Am, Ord. 97-38, passed 1 1-17-1998 ) (3) Home occupations. Section 4. The City Council of the Cite' of Lake Elmo hereby ordains that Section 154.036 (Rural Residential Use Regulations) subsections (A), (B), (C), and (D) are hereby amended as follows: ,(A) Pennitted uses and structures. One -family residentia 154,105 ); c ling (also see §§ 154.091 and _,( 3J Farm. suburban or rural within the lir standards for livestock; _,(_4) Wayside stands; and 1 dv ed in the at 1" Deleted: Deleted Deleted: Deleted: Deleted: 2 Deleted: Deleted: 3 ,(B) Accessory uses and strucnres (also see §§ 154.092 and 154,093). Uses ictures which are customarily accessory and clearly incidental and subordinate to allowed uses and structures: accessory, structures cannot exceed the size of the principal building. Deleted: ononaP Deleted: ,(C) Conditionally erniitted uses. i .... Deleted: I} Page 8ofl Deleted: (4) Agricultural sales husinesscs subject to performance standards outlined in § 154.110.1, Deleted: pp Thr property prnpnsed to he used or agricultural entertainment ❑nISI be located with direct access to a collector or -arterial street. as identified in I the congaelunisi . plau,li, {bt A11 par( ntg must occur on -site. bean.tprint,r sur).tccsoh t.claa.fiye gravel rrr {7aycattc,+u.:artd #n+€st he set back at least 3U lest t'rt m all prctpert) lines,°, ie1 No more than 25°'°ofIIc.te may he covered with impervious surface and the remainder shall he suitably landscaped:' Roo ' de building he screened e and ,paqu pantile with el Trash container; atttts located inside or screened in an acceptable manner:4 I f) Discharge including blanks, shal3 not he all the property .: g1 1'hr pro he hi 1 he property owner t+tom take rentsc*nahlc steps to prevent trespassing on adjacent lartiperties by employees. contractor:, or patri wes, d alternate cell and mcr.eimunt anticipated usage oldie/ 1 Deleted: Deleted: c" Formatted: Tabs: 0.88", Left + Not 1 1)1.4.-tFT (Pt) 1 1) Kennels; .,(2) Open space development as regulated by §§ 150,175 et seq.; 3) Home occupations: and (I); 1 1;sci Deleted: Deleted: Deleted: - Deleted; 14; Agricultural entertainment businesses subjegt to Me 1 requirements outlined in si 151L033(11303i1U 1121griculi ral SOes Utri:141JP.1:101Y1111,1r1C.c.t iJnd'Deleted: outliilcd u 1 10: I ihc pot-L90p;',Dce.:!. Deleted: ouilifiv‘d m ,-; 1 Section 5. The City Council of the City of Lake Elmo hereby ordains that Section 150.178 (OP Use Regulations) subsections (A), (B) and (C) are hereby amended as follows: use, (A) Permitted uses: (1) Single-family, detached; (2) Preserved open space; (3) Conservation easements; (4) Agriculture; (5) Suburban farms; (6) Private stables: (7) Single-family, attached; (8) Townhouses (no more than 25% in any development); and (9) Wayside stand. (B) Accessory uses. Uses that are typically found accessory to a permitted (C) Prohibited uses. All other uses are hereby prohibited. Page 9 of .:.Deleted: 13 — tWITON I Section 6. The City Council of the City of Lake Elmo hereby ordains that the City's Design and Performance Standards are hereby amended to incorporate the following additions and changes: Cun-ent Sections 154.090 through 154.109 and their subdivisions are restated and incorporated herein without change. Current Section 154,1 I I and its subdivisions are restated and incorporated herein as section 154.112 154.110 Agricultural Sales Businesses Agricultural Sales Businesses shall be ,ulipwed upon issuanc,,, ai) intoriin.uso iltuf;i1 arid rort-ji thid uikd foi foloye 11 LI \-,c1c2pient in ac,....)iilance SaksIt1I be subject to the following performance standards: (A) Activities shall be limited to those listed within the definition for Agricultural Sales Business. (B) The agricultural sales business shall be located on land owned or leased by the producer or the operator of the business, and not within or on any public right-of- ways or easements, (C) The operator must be able to demonstrate at all times to the city that there is sufficient access, parking and maneuvering space, that the location and adequacy of approaches are sufficient, that there is suitable and safe access for pedestrians, and that customer parking is away from the travel way and in close proximity to the agricultural sales business. (D) All waste materials shall be enclosed in containers provided on the site, and shall not generate any nuisance impacts on adjacent properties. (E) All sidewalks, roadways, and parking areas shall be treated as necessary to eliminate dust nuisance impacts on adjacent properties. '1 he tiLwjaturil 111;H eqph ck,4:.0 to salc's linniedto20.P00 sotmcc Parkins pcovidec..1 flaceord:ini:e with the nofkiti,.2., vcduireinctit., for (:ii).(20de 1:54.0.511(.1"1. An tii)12, Whi 1 oceol'on-s)e.. 1.1c. on SliC11 Cla‘;SIi L 11i 1. Old 11111;,1 LT SC3 0;1, i; leit1,10 11.01)1dil -„apc".11yt4je,'7c: (11) I0W1111111i1RITI1 10.1. 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(..)1 Trash co.litairwt-,,, musk iosick or }4.-/:-1,,ns03,1,.zih:o.!,:c,..-piztillc° (1Zt h:T.ettoi hfl aciho.1-c., 1 litte v...chk'n111VV,11: ' it,),VAL,il)k l))514 Peniqtil ihs,no52tiot)trt4teot. ita11hos?loviAric,c1 (:haisonas rc..csth 2'i,)) -11(") pacl of !,1)c iltin',. i"t SP.,c....011i.'21‘1.. bcforo ikro, 1,\ 1c:7.ity to dfnicrtnuk: eolniflhqb:e ordir lance. 154.11 1 1 5 -n1 1 nicrt5i1}n1Q15t Formatted: Tabs: 1, Left + Not at 0.88" Formatted: Tabs: Not at 0 75" A;g1.1(nOrut-al tntiLTLtitthien113(isinosses nllovned tmoi) the ISS1111110.1 01 flhl1llll Deleted: peratitteti its itS): nt.ttrittit it) tut() rift:0 ttott.:ilt, (hitt l)t).)11:tiitt) tttii C Dele edt- ul ore :sev, co:134IC k"i(%)",11)k"Iii )il 'i)j.)","014,1)11))::)1) V41)) ic.nliturnt :5111H b,1°hi 10 tile 1,ille1").Y1».11)er.liir.,:nI5,' stpoOnrcl:s,: Deleted:13 Page 1 1 of 1.2,, 1he flat", 1w f t Itar�t;�' u ile u 1 'f :1E tt'1. al slice f ;t" h k' Section 7: Adoption Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. 08-03 1, was adopted on this Stl' day of October 2010, by a vote of Ayes and Nays. Mayor Dean Johnston AT -TEST: Bruce Messeltb C'ity,Admiuistrator This Ordinance No. 08-03 f Gras published on the day of . 2010 Page 12 of Formatted: Tabs: t", Left + Not a 0, 88" Deleted: 11I A on•silc hr ml.1 pains I:Iti, 111'C gravel of pal't"11 >eI hack at lead U fe e 1It11lrnl liucs T 111 he ce erect tt 111c rctltzi11d1.r sha lunds,1111r11!1 f: # 1t« 11ri 11.n1i�: el alternate net the maul -ilium attu'i}a€eeltts;s c,,ttli proptm shall be idenliliec propcny AIt4'rnale site, shall ha protected in the: itc plan design. and 1ci11 Imis need 1u be wed upnn failure of a primary si1c: mul! . Font color: Auto ' Formatted: Font color: Auto Formatted: Font color: Auto Formatted: Font color: Auto Formatted: .... Font color:: Auto Formatted: Font color: Auto Formatted: Font color: Auto Formatted: Font color: Auto Deleted: 13 CITY OF LAKE ELMO RESOLUTION NO. 2010-050 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08-031A BY TITLE AND SUMMARY WHEREAS, the city council of the city of Lake Elmo has adopted Ordinance No. 08-031A, an ordinance to regulate agricultural business definitions and regulations within the City of Lake Elmo; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd, 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Lake Elmo, that the city administrator shall cause the following summary of Ordinance No. 08-031A to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the city of Lake Elmo has adopted Ordinance No. 08-031A, The ordinance amends the City's agricultural use regulations in the following manner: • Adding a definition for Greenhouses. • Eliminating definitions for Commercial Food Producing Farm Operations, Nature Farms, Landscape Nursery, and Roadside Sales Stand. • Revising the definitions for Agricultural Sales Businesses, Farmer, and Wayside Stand, • Adding Agriculture to the list of permitted uses in A and RR zoning districts. • Moving Agriculture Sales Businesses and Agricultural Entertainment Businesses from a permitted or conditional use to an interim use in A and RR zoning districts. • Amending the performance standards for Agriculture Sales Businesses and Agricultural Entertainment Businesses. The full text of Ordinance No,08-031A is available for inspection at Lake Elmo city hall during regular business hours, Mayor Dean Johnston BE IT FURTHER RESOLVED by the city council of the city of Lake Elmo that the city administrator keep a copy of the ordinance in his office at city hall for public inspection and that he post a full copy of the ordinance in a public place within the city. Dated: 20 . Al FEST: Bruce Messelt City Administrator (SEAL) Mayor Dean Johnston The motion for the adoption of the foregoing resolution was dub/ seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted, DRAFT ORDINANCE — OPTION 2 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE TO AMEND AGRICULTURAL BUSINESS DEFINITIONS AND REGULATIONS Section 1, The City Council of the City of Lake Elmo hereby ordains that Section 11.01 (Defmitions) is hereby amended to add the following definition: GREENHOUSES. A building used, for the growing of Wants, all or Dart of which are sold at retail or wholesale. Section 2. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 (Definitions) is hereby changed to amend or eliminate the following definitions as shown: AGRICULTURAL BUILDING. A structure on agricultural land, as defined below in the definition for FARM, RURAL of this section, designed, constructed, and used to house farm implements, livestock, or agricultural produce or products grown by the owner, lessee, or sublessee of the building and members of their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural produce or products. AGRICULTURAL ENTERTAINMENT BUSINESS, An agricultural sales business that combines the elements and characteristics of agriculture and tourism, which is not necessarily located in an existing building. Examples of agricultural entertainment include: corn mazes, hay rides, sleigh rides, petting farms, on -farm tours, agricultural related museums, demonstrations of farming practices, techniques and methods, fee - based fishing and hunting, horseback riding, nature trails, haunted barns and similar activities which are related to agriculture. AGRICULTURAL MUSEUMS. The keeping, restoration, maintenance and display of the structures, tools and equipment utilized in the production of agricultural products. Restoration and maintenance activity shall be limited to those structures, tools, and equipment permanently kept on display on the premises. Retail or wholesale sales of any product are specifically excluded. AGRICULTURAL SALES BUSINESS. The retail sale of fresh fruits, vegetables, flowers, herbs, trees, or other agricultural, floricultural, or horticultural products, The operation may be indoors or outdoors, includeyick-your-own opportunities, and may involve accessory sales of unprocessed foodstuffs; home processed food products such as jams, jellies, pickles, sauces; or baked goods and Page 1 of 8 a ed: Font: Bold Formatteth Space After: 0 pt - i Deileted: produced on the premises DRAFT ORDINANCE — OPTION 2 homemade handicrafts. The floor area devoted to the sale of accessory items shall not exceed 25% of the total floor area. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold as accessory items. No activities other than the sale of goods as outlined above shall be allowed as part of the AGRICULTURAL SALES BUSINESS. AGRICULTURE. The production of livestock, dairy animals, dairy products, fur -bearing animals, horticultural and floricultural nursery stock, fruits of all kinds, vegetables, forage, grains, bees, and apiary products. ANIMALS, DOMESTIC FARM. Cattle, hogs, horses, bees, turkeys, geese, sheep, goats, chickens, and other animals commonly kept for commercial food producing purposes. COMMERCIAL FOOD PRODUCING FARM OPERATIONS, See FARM/RURAL. COMMERCIAL LUMBERING OR HARVESTING OF FOREST PRODUCTS. Any removal of trees that may result in the commercial sale of any wood or product of the tree. COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services. FARM, RURAL, The portion of a 10 or more acre parcel of land which is devoted to agriculture by the property owner or by a lessee of the property owner. FARM, SUBURBAN. A suburban farm is a non-commercial, food -producing use primarily intended for the use of the residents, and usually on less than 10 contiguous acres. Suburban agricultural uses may include production of crops such as fruit trees, shrubs, plants, flowers, vegetables, and domestic pets, FARMER. Personpeiinanently residing on a tract of land of not less than 75 acres in the city and who farms the land for a livelihood. FLORICULTURE. The cultivation and management of ornamental and flowering plants. HORTICULTURE. The cultivation and management of trees, plants, grasses, vegetables, and fruits. KENNEL; ANIMALS, Any place where 4 or more of any type of domestic pets, over 4 months of age, are owned, boarded, bred, or offered for sale. Page 2 of 8 Deleted: . NATURE FARMS, The kcoping of animals and/or the growing and keeping of agicultural products for ,' the purpose of display to the public, not ( including the breeding and keeping of animals for boarding or sale. Examples of this use would include "petiing farms," or the display of unique horticulture, Retail or wholesale snles of any product are specifically excludcd.11 DRAFT ORDINANCE — OPTION 2 NON-AGRICULTURAL LOW IMPACT, The outdoor storage of off -road mobile construction equipment of any weight; the indoor storage of the aforementioned items and other goods and materials which, in the determination of the City Council, do not jeopardize the health, safety, or welfare of the city; nature farms; agricultural museums; farmer's markets; small engine repair shops; contractor maintenance shops; or office space as an accessory use to the aforementioned uses. Y _ OPEN SALES LOTS. Lands devoted to the display of goods for sale, rent, lease, or trade, where the goods are not enclosed within a building, STABLE, PRIVATE. The keeping, breeding, raising, and uses of horses or ponies on open space owned and maintained by an association of adjacent property owners for the exclusive personal use and enjoyment of association members and for which commercial gain is not the primary objective, WAYSIDE STAND. A temporary structure or vehicle used for the seasonal retail sale of agricultural goods, floriculture, and horticulture produced by the operator of the WAYSIDE STAND, Section 3. The City Council of the City of Lake Elmo hereby ordains that Section 154.033 (Agricultural Use Regulations) subsections (A) and (B) are hereby amended as follows: (A) Permitted uses and structures. (1) Farm, suburban or rural; (2) Poultry facilities meeting state and federal regulations; (3) Farm buildings; (4) Farm drainage and irrigation systems; Forestry meeting state and federal regulations; (6) One farm dwelling per farm (also see §§ 154.091 and 154.105); (7) One non -farm dwelling per each 40 acres, or part of a dwelling on a prorated basis, not already containing a farm or non -farm dwelling, provided: (a) The dwelling unit is located on a separate parcel of record in the office of the County Recorder and/or County Auditor, which shall be at least 1-1/2 acres in size; (5) Page 3 of 8 - Deleted: . NURSERY, LANDSCAPE. A business growing and selling trees, flowering and decorative plants, and shrubs and Which may be conducted within a building or without.11 - Deleted: . ROADSIDE SALES STAND. A stincture used only for the display and sale of produots, with no space for customers within the structure, on a seasonal basisll -I Deleted: on site DRAFT ORDINANCE — OPTION 2 (b) The parcel on which the dwelling unit is located must have at least 125 feet of frontage along a public street, be rectangular in shape and no dimension to be greater than 3 times the other; and (c) The dwelling is separated by at least 300 feet from the nearest farm building, (8) Wayside stands; (9) Agricultural sales businesses subject to performance standards outlined in § 154.110; and (10) Joint ownership of property or ownership by association or rental for the purpose of providing private gardens or forest plots to its members or lessees. (B) Uses permitted by conditional use permit. (1) Greenhouses; (2) Kennels; (3) Stables; (4) Commercial recreation of a rural nature, including outdoor target ranges; (5) Agricultural service establishments primarily engaged in performing agricultural animal husbandry or horticultural services on a fee or contract basis, including sorting, grading, and packing fruits and vegetables for the owner, lessee, or sublessee; agricultural produce milling and processing for the owner, lessee, or sublessee; horticultural services; fruit picking; grain cleaning; veterinary services; boarding and training of horses; (6) Open space development projects, as regulated by §§ 150,175 et seq.; (7) Non-agricultural low impact uses pursuant to the standards described in division (F) of this section; and (8) Agricultural entertainment businesses subject to the following performance standards: (a) The property proposed to be used for agricultural entertainment must be located with direct access to a collector or arterial street as identified in the comprehensive plan; Page 4 of 8 DRAFT ORDINANCE OPTION 2 (b) All parking must occur on -site, be on a primary surface such as class five gravel or pavement; and must be set back at least 30 feet from all property lines; (c) No more than 25% of the site may be covered with impervious surface and the remainder shall be suitably landscaped; (d) Roof top or outside building mechanical equipment must be screened from view from adjacent properties and rights -of -way with an opaque material architecturally compatible with the building(s); (e) acceptable manner; (f) allowed on the property; Trash containers must be located inside or screened in an Discharge of firearnis, including blanks, shall not be (g) The property owner shall give the city permission to conduct inspections of the property in order to investigate complaints; (h) The property owner must take reasonable steps to prevent trespassing on adjacent properties by employees, contractors or patrons; (i) Usable primary and alternate well and septic sites sized for the maximum anticipated usage of the property shall be identified on the property. Alternate sites shall be protected in the site plan design, and will only need to be used upon failure of a primary site; and Adherence to the general review criteria applicable to all CUP applications. (Am. Ord, 97-57, passed 7-18-2000; Arn, Ord. 97-191, passed 4-3-2007) (C) Accessory uses and structures (see §§ 154.092 and 154.093), (1) Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted uses and structures as defined in § 11.01; (2) Private garages, carports, screen houses, conservatories, playhouses, swimming pools and storage buildings, as defined in § 11.01, for use by occupants of the principal structures; and (Am. Ord. 97-38, passed 11-17-1998) (3) Home occupations. Page 5 of 8 1 Formatted: Tabs OMB", Left + Not at 1" DRAFT ORDINANCE — OPTION 2 Section 4. The City Council of the City of Lake Elmo hereby ordains that Section 154.036 (Rural Residential Use Regulations) subsections (A), (B), (C), and (D) are hereby amended as follows: (A) Permitted uses and structures. (1) One -family residential dwellings (also see § 154.091 and 154.105); (2) Farm, suburban or rural within the limits defined in the performance standards for livestock; (3) Wayside stands; and (4) Agricultural sales businesses subject to performance standards outlined in § 154.110. (B) Accessory uses and structures (also see §§ 154.092 arid 154.093). Uses and structures which are customarily accessory and clearly incidental and subordinate to allowed uses and structures; accessory structures cannot exceed the size of the principal building. (C) Conditionally permitted uses. (1) Kennels; (2) Open space development as regulated by §§ 150.175 et seq.; (3) Home occupations; and (4) Agricultural entertainment businesses subject to the requirements outlined in § 154.033(B)(8). Section 5. The City Council of the City of Lake Elmo hereby ordains that Section 150.178 (OP Use Regulations) subsections (A), (B) and (C) are hereby amended as follows: (A) Permitted uses. (1) Single-family, detached; (2) Preserved open space; (3) Conservation easements; (4) Agriculture; Page 6 of 8 DRAFT ORDINANCE— OPTION 2 use. (5) Suburban farms; (6) Private stables; (7) Single-family, attached; (8) Townhouses (no more than 25% in any development); and (9) Wayside stand. (B) Accessory uses. Uses that are typically found accessory to a permitted (C) Prohibited uses. All other uses are hereby prohibited. Section 6. The City Council of the City of Lake Elmo hereby ordains that the City's Design and Performance Standards are hereby amended to incorporate the following additions and changes: Current Sections 154.090 through 154.109 and their subdivisions are restated and incorporated herein without change. Current Section 154.111 and its subdivisions are restated and incorporated herein as section 154.112 154.110 Agricultural Sales Businesses Agricultural Sales Businesses shall be subject to the following performance standards; (A) Activities shall be limited to those listed within the definition for Agricultural Sales Business. (B) The agricultural sales business shall be located on land owned or leased by the producer or the operator of the business, and not within or on any public right-of- ways or easements. (C) The operator must be able to demonstrate at all times to the city that there is sufficient access, parking and maneuvering space, that the location and adequacy of approaches are sufficient, that there is suitable and safe access for pedestrians, and that customer parking is away from the travel way and in close proximity to the agricultural sales business. (D) All waste materials shall be enclosed in containers provided on the site, and shall not generate any nuisance impacts on adjacent properties. (E) All sidewalks, roadways, and parking areas shall be treated as necessary to eliminate dust nuisance impacts on adjacent properties. Page 7 of 8 DRAFT ORDINANCE — OPTION 2 Formatted: Font color: Auto Section 7, Adoption Date - 1 Formatted: Font color: Auto This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. was adopted on this day of vote of Ayes and Nays. Mayor Dean Johnston ATTEST: Bruce Messek City,tdministrator , 2010,12y a Formatted: Fora color: Auto : Font color: Auto : Font color: Auto This Ordinance No, was published on the day of , 2010„ - Formatted: Font color: Auto Page 8 of 8 DRAFT ORDINANCE — OPTION 3 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE TO AMEND AGRICULTURAL BUSINESS DEFINITIONS AND REGULATIONS Section 1. The City Council of the City of Lake Elmo -hereby ordains that Section 11.01 (Definitions) is hereby amended to add the following definition: GREENHOUSES. A building used for the growing of plants, all or part of which are sold at retail or wholesale. Section 2. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 (Definitions) is hereby changed to amend or eliminate the following definitions as shown: AGRICULTURAL BUILDING. A structure on agricultural land, as defined below in the definition for FARM, RURAL of this section, designed, constructed, and used to house farm implements, livestock, or agricultural produce or products grown by the owner, lessee, or sublessee of the building and members of their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural produce or products, AGRICULTURAL MUSEUMS. The keeping, restoration, maintenance and display of the structures, tools and equipment utilized in the production of agricultural products. Restoration and maintenance activity shall be limited to those structures, tools, and equipment permanently kept on display on the premises. Retail or wholesale sales of any product are specifically excluded, AGRICULTURE. The production of livestock, dairy animals, dairy products, fur -bearing animals, horticultural and floricultural nursery stock, fruits of all kinds, vegetables, forage, grains, bees, and apiary products. ANIMALS, DOMESTIC FARM. Cattle, hogs, horses, bees, turkeys, geese, sheep, goats, chickens, and other animals commonly kept for commercial food producing purposes. COMMERCIAL FOOD PRODUCING FARM OPERATIONS. See FARM/RURAL, Page 1 of 6 Formatted: Font: Bold Fomlatted: Space After; 0 pt Deleted: AGRICULTURAL ENTERTAINMENT BUSINESS. An agricultural sales business that combines the elements and characteristics of agriculture and tourism, which is not necessarily located in an existing building. Examples of apiculture) entertainment include; corn mazes, hay rides, sleigh rides, petting farms, on-fami tours, agricultural related MUSCUMN, demonstrations of fanning practices, techniques and inctliods, fee -based fishing and hunting, horseback riding, nature trails, haunted hams and similar activities which are related to agriculturel Deleted: AGRICULTURAL SALES BUSINESS, The retail sale of fresh fruits, vegetables, flowers, herbs, trees, or other agricultural, floricultural, or horticultural products produced on the premises. The operation may be indoors or ouhloors, include pick -your -own opportunities, and nuty involve accessory sales of unprocessed foodstuffs; home processed food products such as jams, jellies, pickles, sauces; or baked pods and homemade handicrafts. The floor area devoted to the sale of accessory items shall not exceed 25% of the total floor area. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold as accessory items. No activities ether than the sale of goods as outlined above shall be allowed as part of the AGRICULTURAL SALES BUSINESS:1 DRAFT ORDINANCE — OPTION 3 COMMERCIAL LUMBERING OR HARVESTING OF FOREST PRODUCTS. Any removal of trees that may result in the commercial sale of any wood or product of the tree. COMMERCIAL USE, The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services. FARM, RURAL. The portion of a 10 or more acre parcel of land which is devoted to agriculture by the property owner or by a lessee of the property owner, FARM, SUBURBAN. A suburban farm is a non-commercial, food -producing use primarily intended for the use of the residents, and usually on less than 10 contiguous acres. Suburban agricultural uses may include production of crops such as fruit trees, shrubs, plants, flowers, vegetables, and domestic pets. FARMER, Person permanently residing on a tract of land of not less than 75 acres in the city and who farms the land for a livelihood. FLORICULTURE. The cultivation and management of ornamental and flowering plants. HORTICULTURE. The cultivation and management of trees, plants, grasses, vegetables, and fruits, KENNEL; ANIMALS. Any place where 4 or more of any type of domestic pets, over 4 months of age, are owned, boarded, bred, or offered for sale. NON-AGRICULTURAL LOW IMPACT. The outdoor storage of off -road mobile construction equipment of any weight; the indoor storage of the aforementioned items and other goods and materials which, in the determination of the City Council, do not jeopardize the health, safety, or welfare of the city; nature farms; agricultural museums; farmer's markets; small engine repair shops; contractor maintenance shops; or office space as an accessory use to the aforementioned uses. OPEN SALES LOTS. Lands devoted to the display of goods for sale, rent, lease, or trade, where the goods are not enclosed within a building. STABLE, PRIVATE. The keeping, breeding, raising, and uses of horses or ponies on open space owned and maintained by an association of adjacent property owners for the exclusive personal use and enjoyment of association members and for which commercial gain is not the primary objective. Page 2 of 6 Deleted: . NATURE FARMS. The keeping of animals and/or the growinr and keeping of agricultural products f the purpose of display to the public, not including the breeding and keeping of . animals for boarding or sale. Examples of this use would include "petting farms," or the display of unique horticulture. Retail or wholesale sales of any product are specifically excluded.¶ Deleted: _ NURSERY, LANDSCAP A business growing and selling trees, flowering and decorative plants, and shrubs and which may be conducted within a building or without¶ - Deleted: . ROADSIDE SALES STAND. A structure used only for the display and sale of products, with no space for customers within the structure, on a seasonal basis.¶ Deleted: _ WAYSIDE STAND. A temporary structure or vehicle used for the seasonal retail sale of agricultural goods, floriculture, and horticulture produced by the operator of the WAYSIDE STAND on sito.l DRAFT ORDINANCE — OPTION 3 Section 3. The City Council of the City of Lake Elmo hereby ordains that Section 154.033 (Agricultural Use Regulations) subsections (A) and (B) are hereby amended as follows: (A) Permitted uses and structures. (1) Farm, suburban or rural; (2) Poultry facilities meeting state and federal regulations; (3) Farm buildings; (4) Farm drainage and irrigation systems; (5) Forestry meeting state and federal regulations; (6) One farm dwelling per farm (also see §§ 154.09 I and 154.105); (7) One non-fami dwelling per each 40 acres, or part of a dwelling an a prorated basis, not already containing a farm or non -farm dwelling, provided: (a) The dwelling unit is located on a separate parcel of record in the office of the County Recorder and/or County Auditor, which shall be at least 1-1/2 acres in size; (b) The parcel on which the dwelling unit is located must have at least 125 feet of frontage along a public street, be rectangular in shape and no dimension to be greater than 3 times the other; and (c) The dwelling is separated by at least 300 feet from the nearest farm building. (10) Joint ownership of property or ownership by association or rental for the purpose of providing private gardens or forest plots to its members or lessees. _ . (11) Any person mav sell or peddle the nroducts of the farm or varden occupied and cultivated bv him or her without obtainnw a license therefore. (B) Uses permitted by conditional use permit. (2) Kennels; Page 3 of 6 le . (8) . Wayside stands1 Deleted: (9) Agricultural sales businesses subject to performance standands outlined iii § 154.110; and') ed: Font color; Sea Green - Deleted: . (11) Any person may sell or peddle ihe products of the fann or garden occupied and cultivated by him Or her without obtaining a license thereforl Deleted: . (I) Greenhouses;1[ DRAFT ORDINANCE — OPTION 3 (3) Stables; (4) Commercial recreation of a rural nature, including outdoor target ranges; (5) Agricultural service establishments primarily engaged in performing agricultural animal husbandry or horticultural services on a fee or contract basis, including sorting, grading, and packing fruits and vegetables for the owner, lessee, or sublessee; agricultural produce milling and processing for the owner, lessee, or sublessee; horticultural services; fruit picking; grain'cleaning; veterinary services; boarding and training of horses; (6) Open space development projects, as regulated by §§ 150.175 et seq.; (7) Non-agricultural low impact uses pursuant to the standards described in division (F) of this section; and Am. Ord. 97-57, passed 7-18-2000; Am. Ord. 97-191, passed 4-3-2007) (C) Accessory uses and structures (see §§ 154.092 and 154.093). (1) Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted uses and structures as defined in § 11.01; (2) Private garages, carports, screen houses, conservatories, playhouses, swimming pools and storage buildings, as defined in § 11.01, for use by occupants of the principal structures; and (Am. Ord. 97-38, passed 11-17-1998) (3) Home occupations. Section 4, The City Council of the City of Lake Elmo hereby ordains that Section 154.036 (Rural Residential Use Regulations) subsections (A), (B), (C), and (D) are hereby amended as follows: (A) Permitted uses and structures. (1) One -family residential dwellings (also see §§ 154.091 and 154.105); (2) Fann, suburban or rural within the limits defined in the performance standards for livestock; Page 4 of 6 Deleted: . (8) Agricultural entertainment bu.sinesses subject to the following performance standards1 . (a) . The property proposed to be used for agricultural entertainment must 1 be located with direct access to a collector or arterial street as identified in the comprehensive 11 . (b) All parking must occur on -site, be on a printery surface such as class five gravel or pavement; and must be set back at least 30 feet from all property tines;) 11 (c) - No more than 25% of the site may be covered with impervious surface and the remainder shall be suitably landscaped;¶ 11 . (d). Roof top or outside building mechanical equipment must be screened faun view from adjacent properties and rights -of -way with an opaque material architecturally compatible with the building(s);11 1 _ (e) Trash containers must be located inside or screened in an acceptable manner;11 (f) . Discharge of fireanns, including bionics, shall not be allowed on the property;l „ (g) Tito property owner shall give tbe city permission to conduct inspect of the property in order to investigate complaints;¶ . (1) . The property owner must lake reasonable steps to prevent trespassing on adjacent properties by employees, contractors or patrons;11 11 . . (i) . Usable primary and alternate well and septic sites sized for the maximum anticipated usage of the properly shall be identified on the property. Alternate sites shall be protected in the site plan design, and will only need to be used upon failure of a primary site; andll (j) . Adherence to the general review criteria applicable to all CUP applicationsli Formatted: Tabs: 0.8B", Left + Not at i" Deleted: . (3) . Wayside stands; andl „ , • Deleted: . (4) . Agricultural sales • businesses subject to performance standards outlined in § 154.110.11 DRAFT ORDINANCE — OPTION 3 (3) Any nerson may sell or peddle the products of the farm or arden occupied and cultivated bv him or her without obtainirm a license therefore. (B) Accessory uses and structures (also see §§ 154.092 and 154.093). Uses and structures which, are customarily accessory arid clearly incidental and subordinate to allowed uses and structures; accessory structures cannot exceed the size of the principal building. (C) Conditionally permitted uses. (1) Kennels; (2) Open space development as regulated by §§ 150.175 et seq.; (3) Home occupations; and Section5. The City Council of the City of Lake Elmo hereby ordains that Section 150.178 (OP Use Regulations) subsections (A), (B) and (C) are hereby amended as follows: (A) Permitted uses. Single-family, detached; Preserved open space; Conservation easements; Agriculture; Suburban farms; Private stables; Single-family, attached; Townhouses (no more than 25% in any development); and use. (B) Accessory uses. Uses that are typically found accessory to a permitted (C) Prohibited uses. All other uses are hereby prohibited. Page 5 of 6 Deleted: . (4) Ap,ricultural entertainment businesses subject to the requirements outlined in§ 154.033(B)(8),II Deleted: (9) Wayside stand, DRAFT ORDINANCE — OPTION 3 Section 6. The City Council of the City of Lake Elmo hereby ordains that the City's Design and Performance Standards are hereby amended to incorporate the following additions and changes: Current Sections 154.090 through 154.109 and their subdivisions are restated and incorporated herein without change. Current Section 154.111 and its subdivisions are restated and incorporated herein as section 154.110 f Section Adoption Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. was adopted on this vote of _ Ayes and Nays. Al 1.EST: Bruce Messelt,_ day of ,2010bya Mayor Dean Johnston City,Administrator This Ordinance No, was published on the day of , 2010. Page 6 of 6 — • Deleted: 154.110 Agricultural Sales Businessel 11 Agricultural Sales Businesses shall be subject to the following performance standards:11 . (A) . Activities shall be limited to those listed within the definition for Agricultural Sales Businessl . (B) . The agricultural sales business shall be located on laud owned or leased by the producer or the operator of the business, and not within or on any public right-of-ways or easements.11 (C) The operator must be able -to demonstrate at all times to the city that there is sufficient access, parking and maneuvering space, that the location and adequacy of approaches are sufficient, I, 1 that there is suitable and safe access for L0, pedestrians, and that customer parking is away from the travel way and in close in proximity to the agricultural sales businessl (D) . All waste materials shall be enclosed in containers provided on the 10 site, and shall not generate any nuisance 1Lil ;1 . impacts on adjacent properties.11 11, (E) All sidewalks, roadways, and — 11parking areas shall be treated as ,‘ lot necessary to eliminate dust nuisance 0, ,0 impacts on adjacent properties. , Formatted: Font color: Auto t Formatted: Font color: Auto 11\1 Formatted: Font color: Auto Formatted: Font color: Auto Formatted: Font color: Auto Formatted: Font color: Auto AYOR AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: COUI C COMMUNICATION DATE: 10/05/2010 REGULAR ITEM #: 11 MOTION Old Village Water Quality Plantings at 3570 Laverne Avenue Ryan Stempski, Assistant City Engineer Bruce Messelt, City Administrator Jack Griffin, City Engineer Rusty Schmidt, Washington Conservation District SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to authorize payment in the amount of S515 to provide water quality plantings at 3760 Laverne Avenue. The water quality plantings are being recommended by the VBWD and Washington Conservation District (WCD) in an effort to partially mitigate a re -occurring drainage issue in this Old Village Area property. The recommended motion to act on is as follows: Wove to authorize initial payment by the City of Lake Elmo in the amount of $1,030 in Water Quality Plantings for the property at 3760 Laverne Avenue, with a 50% reimbursement by the VBWD at project completion." BACKGROUND INFORMATION: The drainage ditch through the Old Village Area currently backs up onto private property at 3760 Laverne Avenue, due to the lack of a natural outlet. The Washington Conservation District has worked with the property owners to improve the area of flooding adjacent to the drainage ditch through the Old Village. Unfortunately, the long term solution for the area is to create an outlet to the Old Village Drainage Ditch, which will be coordinated with the future redevelopment of the Village. Until a permanent outlet can be established it is recommended that the flooded area be planted with deeply rooted and high transpiration plants to address this on -going problem. STAFF REPORT: Initial recommendations included the construction of a rain garden at the site to improve the appearance and infiltration of the captured runoff. However, soil borings were acquired that revealed a localized heavy clay soil. With this information the WCD is recommending the placement of deep rooted, high transpiration plantings to help soak up some of the water so it would drain back to the ditch faster. Additionally these plantings would filter the water that is entering the area. -- page 1 -- City Council Meeting Old Village Area Water Quality Plantings October 5, 2010 Agenda Item # /Xi FUNDING: The cost for the project plantings would be shared equally by the City and the VBWD while the WCD provides the project coordination and labor. A 50% cost share has already been approved by VBWD. The City is being asked to pay the total cost of the plantings in the amount of $1,030, with the VBWD reimbursing the City $515 at the project completion. The VBWD has approved $515 for this project (a 50% cost share). The City of Lake Elmo is being asked to contribute an additional $515. The City would fund this amount through the Storm Water Utility Fund. All planting labor for this project will be provided at no cost. The Washington Conservation District has coordinated with Minnesota Conservation Corp (MCC) to install the plantings. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council move to approve the motion by undertaking the following action: "Move to authorize initial payment by the City of Lake Elmo in the amount of $1,030 in Water Quality Plantings for the property at 3760 Laverne Avenue, with a 50% reimbursement by the VBWD at project completion." Alternatively, the City Council does have the authority to table, deny, or further discuss, deliberate and, if appropriate, amend the recommended motions prior to taking action. If the latter is undertaken, the appropriate actions of the Council following such discussion would be: "Move to authorize initial payment by the City of Lake Elmo in the amount of $1,030 in Water Quality Planting/or the property at 3 760 Laverne Avenue, with a 50% reimbursement by the VBWD at project completion [as amended]." ATTACHMENT(S): Location Map of the Water Quality Plantings SUGGESTED ORDER OF BUSINESS: Introduction of Item ....... ........ ........... ..... ............... ..... City Administrator Report/Presentation ............. ..................... ........... ........... City Engineer Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates page 2 -- KEY TO FEATURES PARCELS 2' CONTOURS SQUADR:I1TO RESIDENCE 3570 LAVERNE AVE N PID: 1302921230072 =20fI. CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: 10/5/2010 REGULAR ITEM #: 12 MOTION AGENDA ITEM: Revisions to 1-94 Joint Powers Agreement SUBMITTED BY: Sharon Lumby, City Clerk THROUGH: Bruce Messelt, City Administrator SUMMARY AND ACTION REOUESTED; The City Council is asked to approve two proposed changes in the Joint Powers Agreement: 1. All references to the 1-94 Corridor Commission will be changed to the Gateway Corridor Commission. 2. Under Article 7, Powers of Commission, revise the language to read: "The Commission shall exercise such authority as is necessary and proper to carry out the mandates set forth in this Agreement without individual Party approval unless otherwise specified herein, This authority includes but is not limited to amending the Agreement in a manner that is not substantive in nature." "Move to adopt Resolution no. 2010-051 authorizing revisions to the 1-94 Corridor Joint Powers Agreement" ATTACHMENTS: 1. Revised and amended joint powers agreement 2. Resolution No. 2010-051 -- page 1 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO, 2010-051 RESOLUTION FOR APPROVAL OF THE REVISED AND AMENDED INTERSTATE 94 CORRIDOR JOINT POWERS AGREEMENT DATED SEPTEMBER 9, 2010 WHEREAS, the 1-94 Corridor currently carries 90,000 to 150,000 vehicles per day from the St Croix River Bridge to downtown St Paul; and WHEREAS, the 2030 Transportation Policy Plan has been approved by the Metropolitan Council and shows that traffic and congestion are forecast to increase substantially by 2030 resulting in the entire length of 1-94 from downtown St Paul to the St Croix River as being congested; and WHEREAS, the 2030 Transportation Policy Plan identifies the 1-94 Corridor as a Transitway Corridor in need of additional analysis; WHEREAS, the transitway analysis is needed to identify how mobility can be maintained and improved in the corridor; and WHEREAS, the 1-94 Corridor Commission was created on March 3, 2010 with the Regional Railroad Authorities of Ramsey and Washington County approving the Joint Powers Agreement (JPA); and WHEREAS, in addition to the County Regional Railroad Authorities, the communities of St Paul, Maplewood, Oakdale, Woodbury, Lake Elmo, West Lakeland Township, Afton and Lakeland also approved the JPA; and WHEREAS, the 1-94 Corridor Commission approved changing its name to the Gateway Corridor Commission on July 12, 2010; and WHEREAS, the existing JPA may be amended by unanimous agreement of the Parties as evidenced by resolutions adopted by the respective governing bodies. NOW THEREFORE BE IT RESOLVED, that the Lake Elmo City Council approves the revised and amended Joint Powers Agreement of the Gateway Corridor Commission dated September 9, 2010. ADOPTED: October 5, 2010 ATTEST: Bruce A. Messelt, City Administrator Dean A. Johnston, Mayor Draft Revised and Amended JPA: September 9, 2010 JOINT POWERS AGREEMENT ESTABLISHING THE 4GATEWAY CORRIDOR COMMISSION THIS AGREEMENT, is entered into by and between the undersigned Regional Railroad Authorities, Cities, and Townships all being governmental units of the State of Minnesota, pursuant to the authority contained the Minn. Statutes §§471.59 and 398A. WITNESSETH WHEREAS, the Interstate 94 Corridor is defined as the transitway corridor originating at the Union Depot in downtown St. Paul and traveling east through Washington County with connections to other multi modal transportation options; and WHEREAS, the Interstate 94 Corridor has significant transportation safety, and land use issues; and WHEREAS, there are opportunities for a variety of multi -modal transportation improvements to the Interstate 94 Corridor, including light rail transit, bus rapid transit or commuter rail along with multi -use trails, Intelligent Transportation Systems (ITS) and roadway improvements as related to the implementation of light rail transit, bus rapid transit or commuter rail; and WHEREAS, the parties wish to collaboratively plan for multi -modal transportation improvements to the Interstate 94 Corridor and for the related land use and development impacts; and I WHEREAS, the 1a Gateway Corridor Commission intends to work collaboratively with the Minnesota Department of Transportation and the Metropolitan Council for the planning and development of light rail transit, bus rapid transit or commuter rail along with multi -use trails, Intelligent Transportation Systems (ITS) and roadway improvements as related to the implementation of light rail transit, bus rapid transit or commuter rail in the Interstate 94 Corridor, NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the parties hereto agree to as follows: ARTICLE I. DEFINITIONS Unless context otherwise requires, the terms defined in this section shall have the meanings stated herein: Agreement means this Joint Powers Agreement as it now exists and as it may hereafter be amended. Commission (I-94Gateway Corridor Commission) shall mean the Joint Powers body established hereby --- 4.0.400•060......F...........latr,pneeil.1.0......012.11.13.40.11.2.1.010.1.1043%.0.00•61M.0 C, 001111 ts Setting ron,lumby1Local SettingsVremporary Internet Files \Content,OutlooNRYG8CZT11-94JPA Reviser] and T Ainended_9-9-10_Draftdoex Draft Revised and Amended JPA: September 9, 2010 Party or Parties shall mean any Regional Railroad Authorities, Cities or Townships identified in Article 6 of this Agreement as signatories to this Agreement. Financial Parties shall mean the financial party or parties so identified in Article 6 of this Agreement. Interstate 94 (I-94) Corridor shall be defined as the Interstate 94 transportation corridor originating at the Union Depot in downtown St. Paul and traveling east through Washington County. Member shall mean an individual appointed to the Commission as provided in Article 4 of this Agreement. Ouorum shall mean a majority of members, provided such majority includes at least two (2) Financial Members as defined in the Agreement. A quorum shall not be found if fewer than two (2) Financial Members are present. ARTICLE 2. PURPOSE The purpose of this Agreement is to form a joint powers board under the provision of Minnesota Statutes Section 471,59 and 398,A to enable the parties to cooperatively analyze the feasibility, environmental impacts, engineering, and construction of multi -modal transportation improvements in the 1-94 Corridor including light rail transit, bus rapid transistor commuter rail along with multi -use trails, Intelligent Transportation Systems (ITS), roadway improvements as related to the implementation of light rail transit, bus rapid transit or commuter rail and the associated land use and development impacts. These activities may include but not be limited to the acquisition and management of federal, state, and local funding in conjunction with the Minnesota Department of Transportation and the Metropolitan Council, and may perform any responsibilities delegated by the Commissioner of Transportation or Metropolitan Council Chair subject to the conditions that sufficient funds are received, The Parties will communicate and coordinate the Commission's activities as necessary with private corporations, state agencies, counties, municipalities, the Federal Transit Administration, other regulatory, planning, and funding agencies, and other stakeholders for advancement of the Commission's purposes. The method of accomplishing the purpose of this Agreement is the establishment of a Joint Powers Board to provide a mechanism whereby the Parties jointly address the stated purposes. ARTICLE 3. TERM This Agreement shall be effective (the Effective Date) and the joint powers board established herein may commence exercising the powers and authorized in this Agreement on the day that the Agreement has been approved by resolution and duly executed by the Ramsey County Regional Railroad Authority and the Washington County Regional Railroad Authority by action .1111730911.21 CADocuments and Senngs\sharemlumbyd...ocal Senings\Tenipora Fil s\Content.0 ook QRY CZT11-94_1PA_Revised and Amended_9-9-10_Draft.docx Draft Revised and Amended JPA: September 9, 2010 of their governing boards. This Agreement shall remain in full force and effect until terminated by the Parties pursuant to Article 10 of the Agreement. ARTICLE 4. JOINT POWERS BOARD, A. There is hereby created a Joint Powers Board as a public entity, to be known as the I- 94Gatewav Corridor Commission, The Commission shall be an entity separate from its member Parties and shall not be deemed an agent or partner of the member Parties and the member Parties shall not be liable for the actions of the Commission. The Commission shall have full authority to exercise all powers stated herein. B. The Commission shall consist of one Member and one alternate appointed through resolution by a Party for an initial term commencing with the execution of this Agreement until January 15, 2010. Each Member or alternate must be a member of the governing body, commission, or council which appoints him or her, and must remain so during his or her term, C. After January 15, 2010, the governing body, commission, or council shall appoint by resolution its member and alternate for one year terms. In the event that any Member or alternate shall not have been appointed by January 15 in any year, the incumbent Member shall serve until a successor has been appointed, Removal of any Member or alternate during the term for which the Member has been appointed may be done at any time but shall be done only by resolution of the appointing governing body, commission, or council, or automatically if the Member ceases to be a member of the Party which appointed him or her, ARTICLE 5. VOTING Board voting shall be as follows: Each Financial Party Member receives three (3) votes and each non -Financial Party Member receives one (1) vote. A. In the event that the appointed Member is not present at the meeting, their alternate may cast all of their Party's allocated votes, B, All actions of the Board require both a simple majority vote of the Members present and a simple majority vote of the Financial Members present. However, for all actions involving the expenditure of funds and adoption of the budget, a simple majority of the whole Board plus a unanimous vote of all Financial Members is required. ARTICLE 6. MEMBERSHIP The government units that are eligible for participation in this Commission upon adoption of this agreement by resolution and duly executed by their respective governmental units on or before December 31, 2009 include: I (.12.7.4.1.1............V.01.44.1.a..81,1.....12M.41.11.4 OW. and Stingsksharonlinby\Locl Seitings1Temporary Internet Ftles1Conten (took QRYG8CZT11-94,IPARevised and Amended_9-9-10_Draft.docx Draft Revised and Amended JPA: September 9, 2010 A. Financial Parties a. Ramsey County Regional Railroad Authority b. Washington County Regional Railroad Authority B. Non -financial Parties a. City of St. Paul b. City of Maplewood c, City of Landfall d. City of Oakdale e. City of Woodbury f City of Lake Elmo g. City of Afton h. City of Lakeland i. Town of West Lakeland C. If an entity identified in this Article 6 does not elect to become a Party by December 31, 2009, it may do so thereafter by amendment to this Agreement pursuant to Article 11 hereof. D. Following the initial term, Commission Members' terms shall commence on January 15 of a calendar year and end on January 14 of the next succeeding year, or until a successor is appointed. ARTICLE 7. POWERS OF COMMISSION The Commission has such authority as is necessary and proper to make all decisions to carry out its purpose as described in Article 2. Such powers shall be subject to the provisions of Minn. Stat. § 471,59 and 398A and will include, but not be limited to, any or all of the following: A. Adopt an annual budget, together with a statement of the sources of funding and an estimated amount required of each Financial Party. B. Enter into transactions, including contracts or leases, required in furtherance of this Agreement and statutory mandate and enforce such transactions to the extent available in equity or at law. The contracting and purchasing requirements of one of the Financial Parties designated by the Commission shall apply hereto. The Commission may approve any contract relating to this Agreement up to the amount approved in the annual budget and may authorize the Chair of the Commission to execute those contracts. C. Have the power to adopt such by-laws that it may deem necessary or desirable for the conduct of its business. Such by-laws shall be consistent with this Agreement and any applicable laws or regulations. The by-laws may provide for the appointment of ex officio, non -voting members to the Board by the Commission. Approval of the by-laws shall be in accordance with Article 5 of this Agreement. CADocuments and Senn 41'011.1111 y\ Local Senings\Temporary Internet Files\Content.Outlook\QRYG8CZT\I-94_,IPA_Revised and Amanded_9-9-10_Draft.doex Draft Revised and Amended JPA: September 9, 2010 D. Apply for and accept gifts, grants arid loans of money, other property, or assistance from the United States government, the State of Minnesota, or any person, corporation, partnership, association, or agency public or private for any of its purposes; enter into any agreement in connection therewith to hold, use and dispose of such money, other property; and assistance in accordance with the terms of the gifts, grants, or loans relating thereto, E. Acquire and hold such real and personal property as may be required to accomplish the purposes of this Agreement and, upon termination of this Agreement, make distribution of such property as is provided for in this Agreement. F. Employ agents and employees, and to fix the compensation and all other terms and conditions of employment thereof, G. Incur debts, liabilities, or obligations which do not constitute a debt of any of the Parties. The Joint Powers Board does not have authority to incur debts, liabilities, or obligations which constitute a debt of any of the Parties. The obligations or other forms of indebtedness must be issued in the same manner as would apply to one of the Financial Parties, H. Enter into agreements and non -binding memoranda of understanding between the Commission and the United States government, the State of Minnesota, or any person, corporation, partnership, association, or agency public or private in accordance with applicable law, Sue and be sued in its own name, . Exercise such authority as is necessary and. proper to carry out the mandates set forth in this Agreement without individual Party approval unless otherwise specified herein, inchking but not limited to amending the Agreement in a manner that is not substantive in nature, All powers granted herein shall be exercised by the Commission in accordance with the legal requirements applicable to the regional railroad authorities, ARTICLE 8, A. Chair and Vice -Chair The Commission shall elect a Chair and Vice -Chair at its first regular meeting each year. The Chair and Vice -Chair shall consist of at least one Financial Party member, The Chair and Vice -Chair shall be elected by the Commission for a term of one (1) year. The Chair shall preside at all meetings of the Commission, may establish such committees as may be needed from time to time and shall perform other duties and functions as may be determined by the Commission. The Vice -Chair shall assume the duties of the Chair during the absence of the Chair and perform such other duties as may be determined by 5 CADoetiment$ and Settings‘slwron.I wilt/local Senings1Temporary Internet Files1Content.Ontlook RY CZT11-94_JPA_Revi 4J and Aniended9-9-10Dra Am( OFFICERS, EMPLOYEES, AND SERVICES. Draft Revised and Amended JPA: September 9, 2010 the Commission, If both the Chair and Vice -Chair are absent, the Commission may elect a temporary Chair to conduct its business, provided a quorum is present. Election of a temporary chair shall be by a simple majority vote of the quorum. B. Executive Committee The Commission may establish an Executive Committee of the Commission consisting of the representative of each Financial Member, The Executive Committee shall develop and make recommendations to the Commission regarding the ongoing responsibilities of the Commission and shall have such other duties as set forth in the Commission's by- laws. C. Staff Any Party may provide staff support to the Commission subject to the approval of the Commission. D. Vacancies If an appointment of any Member or alternate is vacated before the end of his or her term, the vacancy shall be filled by appointment by the appropriate Party pursuant to Articles 4 and 6 of this Agreement. Vacancies shall be filled within thirty (30) days of their occurrence. A vacancy shall be deemed to have occurred when any of the conditions specified in Minn. Stat, § 351.02 exist, E. Meetinus The Commission shall meet at regular intervals at such times and places as the Commission shall establish in its by-laws. Special meetings may be held on reasonable notice by the Chair or any two members upon terms and conditions as the Commission may determine and that conform to the Minnesota Open Meeting Law, Minn. Stat. § 13D. F. Committees The Commission may establish standing committees of the Commission by providing for such committees by resolution. The Chair may establish ad hoc committees of the Commission. ARTICLE 9. FUNDING It is understood by the Parties that the activities and duties of the Commission are to be funded primarily by grant monies from the United States Governrnent, the State of Minnesota or any other association or agency. Nevertheless, the Financial Parties identified in this Agreement agree to provide funding, if necessary, for the feasibility, environmental impacts, engineering, and construction of a multi -modal transportation improvement in the I-94 Corridor including light rail transit, bus rapid transit, commuter rail, multi -use trails, and Intelligent Transportation Systems (ITS) along with the associated land use and development impacts, and administrative expenses of the Commission (to the extent not covered by grant funds), and other items deemed necessary to facilitate development of the corridor The Financial Parties will establish an initial budget. The Financial Members contribution to the initial budget and all subsequent budgets shall be allocated as follows: P.M.WINASMIIMNIA r ...01.14BIN44111411WWW.YORS.WW.111.0.4,2144.1riMW11......11.11011.4.140.11,1,..J.1.14•MI.V.W.90.91.901.614.1.."11.4.1102001114 NU.'1E4i.VP,e3C" 6 CADocuments and Scnings\sharon.lumby \ Local Seningaemporary Inteniet Filcs\Conlent.OullooklQRYGSCZT1I-94 JPA Revised and Amended -9-1-0_Drafi.docx Draft Revised and Amended JPA: September 9, 2010 50% Ramsey County Regional Railroad Authority 50% Washington County Regional Railroad Authority Each Financial Party shall pay its appropriate initial contribution to the regional railroad authority acting as fiscal agent of the Commission within sixty (60) clays of the Commission approving a budget. A. Annual Budget For the calendar year next following the calendar year in which the Effective Date occurs and all subsequent years, the Commission shall establish and approve a budget. Each Financial Member shall be assessed for its proportionate share of the budget according to the schedule established above. The Commission shall establish its first budget within sixty (60) days of the commencement of the Commission. B. Financial Members' Budget Approval Adoption of the budget and any other matter requiring expenditure of funds shall be in accordance with Article 5 of this Agreement. C. Contribution Date Except for any initial contribution required by this Agreement, assessments made under the provisions of this article shall be paid by each Financial Party by January 15 of each year. The initial contribution shall be made within sixty (60) days of the adoption of the budget pursuant to Article 7(A) hereof D. Budgeting, Accounting, Fiscal Agent, and Other Services The Commission may contract with any Party to provide contract management, legal review, and budgeting and accounting services necessary or convenient for the Commission and otherwise act as the Commission's fiscal agent. Such services shall include, but not be limited to, management of all funds, including contributions and grant monies, payment for contracted services, and relevant bookkeeping and record keeping. The contracting and purchasing requirements of the Party so selected shall apply to transactions of the Commissions. Such Party shall identify the staff person to work as liaison with the Commission. E. Accountability for Funds All funds shall be accounted for according to generally acceptable accounting principles. A report on all receipts and disbursements shall be forwarded to the Commission on an annual basis, The Parties have the authority to request reports pertaining to any and all budgeting and accounting services, All interest earned from established Commission funds shall be credited back to that same fund. ARTICLE 10. A. Withdrawal WITHDRAWAL AND TERMINATION 7 . • • CADoeurnents rndSenungs\slonothlinnryTocal Settings\ femptrra7; Interet File1Contelit.Outlook9R7G8CZT11-91_JPARevlsed and Amended 21-.9-10 JprafLtlocx Draft Revised and Amended JPA: September 9, 2010 Any Party may withdraw from this Agreement upon 90-days prior written notice evidenced by resolution of the Party's governing body to the Commission, In the event of withdrawal by any Party, this Agreement shall remain in full force and effect as to all remaining Parties. B. Effect of Withdrawal, Disposition of Property, Funds, and Obligations A Financial Party withdrawing from this Agreement shall, prior to such withdrawal, pay the full amount of any unpaid assessments to the Commission as defined in Article 9. A Party withdrawing from this Agreement shall not receive a distribution of property or funds until such time as this Agreement is terminated by all Parties pursuant to this Article 10. Such disposition of property shall be in accordance with the provisions of Section D of this Article 10. Any Financial Party withdrawing shall be liable for any assessment in the year in which the withdrawal becomes final only for the period in such year that the Financial Party remains a party. The Financial Party's assessment shall not exceed the sum of one - twelfth (1/12th) the full assessment multiplied by the number of months or fractions thereof in the year during which the party remains a party. C. Termination This Agreement shall terminate upon the occurrence of any one of the following events: a. When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or b. When all of the Financial Parties agree, by resolution adopted by the respective governing bodies, to terminate this Agreement and all obligations of the Commission shall have been paid or otherwise defeased in full. D. Disposition of Property and Funds At such time as this Agreement is terminated, any property interest remaining in the Commission, following discharge of all obligations owed by the Commission shall be disposed of and the proceeds of the property shall be returned to the Parties in proportion to their contribution. E. Effect of Withdrawal of Financial Party on Budget In the event a Financial Party withdraws, the unpaid assessment allocable to such member in the year of withdrawal and subsequent years shall be reallocated to the remaining Financial Party. ARTICLE 11. MISCELLANEOUS A. Amendments This Agreement may be amended by unanimous agreement of the Parties as evidenced by resolutions adopted by the respective governing bodies. 8 CADocuments and Settingsksharon.lumby1Local Settings\Temporary Internet Files1Content.Oullook9RYG8CZT11-94JPARevised and Am en ded_9-9- I ODra ft.dncx Draft Revised and Amended JPA; September 9, 2010 B. Records, Accounts, and Reports The Commission shall establish and maintain such funds and accounts as may be required by good accounting practices. The books and records of the Commission shall be subject to the provisions of Minn. Stat, Ch. 13, the Minnesota Government Data Practices Act, and Minn. Stat, § 16C.05, subd, 5. The Commission, within one hundred twenty (120) days after the close of each fiscal year which shall be January 1 to December 31, shall give a complete written report of all financial activities for such fiscal year to the Parties. C. Counterparts This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. D. Severabilitv The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of the Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. E. Entire Agreement This Agreement constitutes the entire agreement between the Parties and supersedes all prior written or oral agreements relating to the Commission. F. Alternative Dispute Resolution In the event of a dispute arising under this Agreement, the Parties and the Commission agree to attempt to resolve their dispute by following the process described below: a, A Party shall provide written notice to the Commission describing perceived conflict, positions, and underlying reasons. b. The Commission shall provide written response to notice within seven (7) days of receipt of notice. c. The Parties shall meet within 14 days of receipt of response with a neutral facilitator, The neutral facilitator will be a representative from the Minnesota Office of Dispute Resolution. Costs of such facilitator shall be shared equally by all parties to the dispute. d. At the first meeting, the neutral facilitator will assist the Parties in identifying the appropriate Parties and participants in the dispute resolution process, their concerns, a meeting agenda and design for any subsequent meetings. The Parties shall agree on a process for resolving the problem that would involve additional negotiations, mediation, or arbitration. e. In developing the process, the parties will be guided by the following principles: CADocurnents and SettingslsinvoaltunbylLocal Seningsaemporary Interne! FileskConient.OutIonNRYG8CZT111-941PARevised and Ainended_9-9-10_Draft,docx Draft Revised and Amended JPA: September 9. 2010 i. the Parties will attempt in good faith to reach a negotiated settlement; ii. the Parties agree that there must be fair representation of the parties directly involved in the dispute; iii. the Parties will use legal proceedings as a last resort; and iv. in the event the Parties are unable to resolve the dispute, each Party retains all rights, remedies, or defenses it had prior to entering the process. The parties will report to the Commission within 60-days of their first meeting on the resolution of the dispute or a recommendation to commence legal proceedings. G. Minnesota Laws Govern The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and their performance. The appropriate venue and jurisdiction for any litigation shall be in State district court located within the County of Ramsey, State of Minnesota. Litigation, however, in the federal courts involving the Parties will be in the appropriate federal court within the State of Minnesota. If any provision of this agreement is invalid, illegal, or unenforceable the remaining provisions will not be affected, IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the date written below. C: \Documents and Senings4sharon.lamby1Local Settings \Temporary Intcmct Files\Content.OullookNQRYG8CZT11-941PA_Reviscd and Amended_9-9-10_Draft.docx Draft Revised arid Amended JPA; September 9, 2010 WASHINGTON COUNTY REGIONAL RAIL AUTHORITY Myra Peterson, Chair Date Washington County Board of Commissioners James R. Sehug Date County Administrator Approved as to form: Asst, County Attorney Date CA15c;;;e7is;nd Settings\slioroldlimby\Zocal ScItings\Teinporary Internet Files\Conlont.Oullook\QRYG8CZT11-94_,IPA Revised and Amended_9-9-1-o_Draft.doex Draft Revised and Amended JPA: September 9, 2010 CITY OF Mayor Date City Administrator Date Approved as to form; City Attorney Date : meals and Staings1sharon.lumby Luua I SettingsVremporary Internet Files \Content Didlook\QRYG8CZTlI-94113ARovicd and A mendecl_9-9-10_Drafi.docx