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Home My WebLink About08-17-2010 packetCity of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota Tuesday, August 17, 2010 7:00 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston DeLapp Emmons, Park Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This, is the way that the City Council runs its meetings so everyone attending the meeting or watching the meeting understands how the City Council does its public business.) F. GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G, APPROVE MINUTES: 1. August 4, 2010 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. Easement Encroachment Agreement for 5802 Lily Cove N. 4, Firefighters Relief Association By-law revision 5. 42" Street Mill and Overlay — Accepting quotes and award Contract REGULAR AGENDA: 6, 2009 Street Improvements: Public Hearing on Final Assessments; Resolution No. 2010-039 7, Adoption of Required Updates to 2030 Comprehensive Plan 8. Discussion regarding Washington County SSTS Ordinance 9, Proposed Stay in establishment of a Memorial Public Library System: Resolution No.2010-041 10. Discussion regarding "Next Steps" in Village Area/I-94 Corridor Master Planning K, REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) • Mayor • 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 August 4, 2010 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, and Smith Absent: Council Members Emmons and Park Also Present: Administrator Messelt, City Engineer Griffin, Attorney Snyder, Planning Director Kyle Klatt, Finance Director Bouthilet and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Smith moved to approve the 414 SO, 2010 City Council agenda, as amended, (Remove Agenda Item 7 — Comprehensive 151an). Mayor Johnston seconded the motion, The motion passed 3-0, .., GROUND RULES: APPROVED MINUTES: PUBLIC COMMENTS/INQUIRIES: CONSENT AGENDA: ....... MOTION: Council 1klemberSinith-movedtd!cipprove the Consent agenda, Council Member DeLapp seconded the.motion, The motion passed 3-0. • Approve payment of disburserrients and payroll in the amount of $230,696.41 • Approve kesolution No 2010-038 accepting the work for the 2010 Seal Coat Project and authorize payment in the amount of $166,642.87 to be paid from the Street MaintenanceFimd for the 2010 Seal Coat Project • Approve Encroachment Easement Agreement for existing improvements for 9590 Whistling Valley Trail REGULAR AGENDA: Promotion of Nick Witter from probation member to Firefizhter MOTION: Council Member Smith moved to promote probationary member Nick Witter from probation to Firefighter No, 91. Council Member DeLapp seconded the motion. The motion passed 3-0, LAKE ELMO CITY COUNCIL MINUTES August 4, 2010 Authorization to purchase GPS Equipment and Software Bruce Messelt, City Administrator, asked the Council to authorize the purchase of Global Positioning System (GPS) equipment and associated software for $7,820.00 and rental of an additional antenna for S256 per month. The antenna rental is being requested to determine if the additional accuracy it would provide is needed and if the equipment would be user-friendly enough to be purchased in the future. The funds to pay for the proposed purchase would come from the benefiting departments' existing 2010 budget, primarily the Public Works Department. GPS is a space -based global navigation satellite system that provides reliable location and time information in all weather and at all times anywhere on or near the earth when and where there is an unobstructed line of sight to four or more GPS satellites. MOTION. Council Member DeLapp moved to authorize the piiiidhase of Global Positioning System (GPS) equipment and associated softwaretat,$7,820,00 with the rental of an additional antenna for $256 perrnonth for x06- months Council Member Smith seconded the motion. The motion passed 3-0, /;-- Final Adoption of Lake Elmo Comprehensive Plan:;Update!,.kesolution No. 2010-039 - DELETED • , „Attorney Snyder reported that based on the record, .11 was'hts!opinion that there was a proper comprehensive plan submitted and approved; therefore, the City has a valid comprehensive plan, REPORTS AND ANNOU4�MENTS Mayor — Regional Economic DeVelopment Mayor Johnston reported the Itasca:Group will make a presentation to the 1-94 Corridor group on August-121h, 3:30 fci;-5,.00 p m at Woodbury City Hall, The City Council adjourn the meeting at 7;55 p.m. •:, LAKE ELMO CITY COUNCIL MINUTES August 4, 2010 2 CITY OF : LAKE I ELM 0 AYOR & COUNCIL COMMUNICATION DATE: 8/17/2010 CONSENT ITEM it: 2 MOTION as part of Consent Agenda AGENDA ITEM: Approve Disbursements and Payroll in the Amount of $ 364,989.84 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 $ 364,989,84. 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. ACH ACH ACH 7,610.56 1,139.08 $ 3,659.94 DD 2908 —DD 2943 $ 25,179.78 35927 —35936 $ 24,864.10 35937 35987 $ 302,536.38 TOT Payroll Taxes to IRS 08/12/2010 Payroll Taxes to MN Dept. of Revenue 08/12/2010 Payroll Retirement to PERA 08/12/2010 Payroll Dated 08/12/2010 (Direct Deposit) Payroll Dated 08/12/2010 (Payroll) Accounts Payable Dated 08/17/2010 page 1 -- City Council Meeting Approval of Disbursements and Payroll August 17, 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 $ 364,989.84. 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 August 17, 2010 Disbursement and Payroll, as Presented [and modified] herein." ATTACHMENTS: 1, Accounts Payable Dated 08/17/2010 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Azenda): Questions from Council to Staff Mayor Facilitates Call for Motion ............ ..... ............. ......... ................... ..... Mayor & City Council Discussion ..... ...................... ......... Mayor & City Council Action on Motion ..... ...... ....... .......„..............., ....... Mayor Facilitates --page2-- Accounts Payable To Be Paid Proof List User joan z Printed: 08/11/2010 - 1:24 PM Batch: 001-08-2010 Invoice # Inv Date ABDO Abdo Eick & Meyers, LLP 266644 07/27/2010 101-410-1520-43010 Audit Services 266644 Total: ABDO Total: ACS Animal Control Services 693 07/24/2010 101-420-2700-43150 Contract Services 693 Total: ACS Total: AMERICAN American Eng and Testing, Inc. 48405 07/31/2010 603-496-950043030 Engineering Services 48405 Total: AMERICAN Total: ARAM Aramark, Inc 629-7034844 101-430-3100-44170 629-7039465 101-430-3100-44170 629-7044130 101-430-3100 14010 629-7044131 101-430-3100-44170 07/15/2010 Uniforms 629-7034844 Total: 07/22/2010 Uniforms 629-7039465 Total: 07/29/2010 Repairs/Maint Bldg 629-7044130 Total: 07/29/2010 Uniforms 629-7044131 Total: AP - To Be Paid Proof List (08/11/10 - 1:24 PM) Amount Quantity Pmt Date Description Reference 7,935.00 0.00 08/17/2010 Final Payment for Audit Service 2009 7,935.00 7,935.00 1,070.00 0.00 08/17/2010 Animal Control Services 6/21/10- 7/23/10 1,070.00 1,070.00 Task 1,982.48 0.00 08/17/2010 Stormwater improvements - Lions Park - 1,982.48 1,982.48 22.97 0.00 08/17/2010 Uniforms 22.97 22.97 0.00 08/17/2010 Uniforms 22.97 63.53 0.00 08/17/2010 Mats, Soap 63.53 22.97 0.00 08/17/2010 Uniforms 22.97 Type PO # Close POLine # No No No No No No No 0000 0000 0000 0000 0000 0000 0000 Page 1 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 629-7048747 08/05/2010 22.97 0.00 08/17/2010 Uniforms No 0000 101-430-3100-44170 Uniforms 629-7048747 Total: 22.97 629-7050532 08/09/2010 92.26 0.00 08/17/2010 Linen City Hall - No 0000 101-410-1940 44010 Repairs/Maint Contractual Bldg 629-7050532 Total: 92.26 ARAM Total: 247.67 BIFFS Biffs Inc. W41202-W412031 07/28/2010 674,18 0.00 08/17/2010 Portable Restrooms No 0000 101-450-5200-44120 Rentals - Buildings W41202-W412031 Total: 674.18 BIFFS Total: 674.18 C&J CONS C & J Consulting Services, LLP 07-2010 08/04/2010 1,025.00 0.00 08/17/2010 Monthly Accounting Services -July - No 0000 101-410-1520-43150 Contract Services 2010 07-2010 Total: 1,025.00 C&J CONS Total: 1,025.00 CARQUEST Car Quest Auto Parts 2055-195319 07/15/2010 1.29 0.00 08/17/2010 Wire No 0000 101-450-5200-42210 Equipment Parts 2055-195319 Total: 1.29 2055-196565 07/28/2010 75.00 0.00 08/17/2010 Shop Supplies - No 0000 101-430-3120-42210 Equipment Parts 2055-196565 07/28/2010 202.07 0.00 08/17/2010 00-2 Tune up Parts No 0000 101-430-3120-42120 Fuel, Oil and Fluids 2055-196565 Total: 277.07 2055-197089 08/03/2010 50.88 0.00 08/17/2010 Antifreeze - No 0000 101-430-3120-42210 Equipment Parts 2055-197089 08/03/2010 11.09 0.00 08/17/2010 Air Filter 00-2 No 0000 101-430-3120-42120 Fuel, Oil and Fluids 2055-197089 Total: 61.97 2055-197301 08/05/2010 27.16 0.00 08/17/2010 Belt for 05-4 No 0000 101-450-5200-42210 Equipment Parts 2055-197301 Total: 27.16 CARQUEST Total: 367.49 CENTPOW Century Power Equipment 493428 07/28/2010 76.31 0.00 08/17/2010 Chain Saw Parts No 0000 101-430-3120-42210 Equipment Parts AP - To Be Paid Proof List (08/11/10 - 1:24 PM) Page 2 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 493428 Total: 76.31 CENTPOW Total: 76.31 CENWOOD CENTRAL WOOD PRODUCTS 12332 06/30/2010 2,137.50 0.00 08/17/2010 Rec Step Cert. Mulch Lions Field II No 0000 101-450-5200-42250 Landscaping Materials 12332 Total: 2,137.50 CENWOOD Total: 2,137.50 COMMUNIC Communication Systems Speciali 100103 07/28/2010 532.48 0.00 08/17/2010 Materials and Labor for Annex No 0000 411-480-8000-45700 Office Equipment & Furnishings Relocation 100103 Total: 532.48 COMMUNIC Total: 532.48 COMPENSA Compensation Consultants, Ltd 08/02/2010 08/02/2010 40.00 0.00 08/17/2010 Monthly Admire Fee - August 2010 No 0000 101-410-1320 11300 Miscellaneous 08/02/2010 Total: 40_00 COMPENSA Total: 40.00 CTYBAY City of Bayport WM2010-8 08/04/2010 456.50 0.00 08/17/2010 Building Inspector Services No 0000 101-420-2400-43150 Inspector Contract Services WM2010-8 Total: 456.50 CTYBAY Total: 456.50 CTYBLOOM City of Bloomington July 2010 07/31/2010 40.00 0.00 08/17/2010 Lab Bacteria Tests No 0000 601494-9400-42270 Utility System Maintenance July 2010 Total: 40.00 June 2010 06/30/2010 40.00 0.00 08/17/2010 Lab Bacteria Tests No 0000 601-494-9400-42270 Utility System Maintenance June 2010 Total: 40.00 CTYBLOOM Total: 80.00 CTYROSEV City of Roseville 0010946 08/03/2010 1,551.58 0.00 08/17/2010 Monthly IT Services - August 2010 101-410-1450-43180 Information Technology/Web 0010946 Total: 1,551.58 AP - To Be Paid Proof List (08/11/10 - 1:24 PM) No 0000 Page 3 Invoice # Inv Date CTYROSEV Total: ECKBERG Eckberg Lamers Briggs Wolff 07/2010 07/31 /2010 101-410-1320-43040 Legal Services 07/2010 Total: 106009 07/31/2010 203-490-9070-43040 Legal Services 106009 07/31/2010 101-420-2150-43045 Attorney Criminal 106009 Total: ECKBERG Total: EMMONS A Emmons Alex 07/26/2010 07/26/2010 101-410-1450-43620 Cable Operations 07/26/2010 Total: EMMONS A Total: ENVENTIS ENVENTIS 737500 08/13/2010 101-430-3100-43210 Telephone 737500 Total: 738507 08/13/2010 101-410-1940-43210 Telephone 738507 Total: ENVENTIS Total: FERGUSON Ferguson Waterworks S01261903.001 07/16/2010 601-494-9400-42300 Water Meters & Supplies S01261903.001 Total: SO1263830.001 07/26/2010 601-494-940042300 Water Meters & Supplies S01263830.001 Total: FERGUSON Total: FIRS1 1 IR First State Tire Recycling 72830 08/05/2010 101-430-3100-44380 Clean-up Days 72830 Total: Amount Quantity Pmt Date Description Reference 1,551.58 3,796.09 0.00 08/17/2010 Legal Services - Civil 3,796.09 520.00 0.00 08/17/2010 Legal Services - Development 6,590.87 0.00 08/17/2010 Legal Services - Criminal 7,110.87 10,906.96 Task Type PO # Close POLine # 55.00 0.00 08/17/2010 Planning Commission Meeting 7/29/10 - 55.00 55.00 452.41 0.00 08/17/2010 Telephone/Data Service-PW 08/10 452.41 557.74 0.00 08/17/2010 Telephone/Data Service -City Hall 8/10 - 557.74 1,010.15 621.92 0.00 08/17/2010 Meters and Meter Repair 621.92 659.78 0.00 08/17/2010 Meter (landfill) 659.78 1,281.70 11.33 0.00 08/17/2010 Tire recycling clean up days 11.33 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (08/11/10 - 1:24 PM) Page 4 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # FIRSTTIR Total: 11.33 FXL FXL, Inc. August 2010 08/01/2010 101-410-1320-43100 Assessing Services August 2010 Total: FXL Total: 2,000.00 0.00 08/17/2010 Assessing Services - August 2010 2,000.00 2,000.00 No 0000 G&M TREE G & M Tree Moving, Inc. 521 07/2212010 450.00 0.00 08/17/2010 Trees Transplanted to City Hall - No 0000 101410-1940-44300 Miscellaneous 521 Total: 450.00 G&M TREE Total: 450.00 GRUBER Gruber's Power Equipment 85132 07/23/2010 141.28 0.00 08/17/2010 Blades for 05-4 Toro No 0000 101-450-5200-42210 Equipment Parts 85132 Total: 141.28 GRUBER Total: 141.28 HAGBERGS Haghergs Country Market 07/19/2010 07/19/2010 6.00 0.00 08/17/2010 Elections -Training No 0000 101-410-1410-44300 Miscellaneous 07/19/2010 Total: 6.00 HAGBERGS Total: 6.00 HAWKINS Hawkins, Inc. 3138728 RI 07/15/2010 601-494-9400-42160 Chemicals 3138728 RI Total: HAWKINS Total: 625.95 0.00 08/17/2010 Hydroflousillcic Acid (flouride) No 0000 625.95 625.95 Hewlett Hewlett Packard 47973885 07/20/2010 860.36 0.00 08/17/2010 Computer - Finance Department No 0000 410-480-8000-45700 Office Equipment & Furnishings 47973885 Total: 860.36 Hewlett Total: 860.36 AP - To Be Paid Proof List (08/11/10 - 1:24 PM) Page 5 Invoice # Inv Date Amount Quantity PM Date Description Reference Task Type PO # Close POLine # KAMCO Kamco, Corp 3260 07/27/2010 80.00 0.00 08/17/2010 Tablyn bucket truck on split tree No 0000 101-430-3250-43150 Contract Services 3260 Total: 80.00 KAMCO Total: 80.00 KDV Kern DeWenter Viere Ltd 114145 07/30/2010 3,186.00 0.00 08/17/2010 Financial Services - July 2010 No 0000 101-410-1520-43150 Contract Services 114145 Total: 3,186.00 KDV Total: 3,186_00 LEOIL Lake Elmo Oil, Inc. 11536 07/31/2010 924.38 0.00 08/17/2010 Fuel No 0000 101-430-312042120 Fuel, Oil and Fluids 11536 Total: 924.38 LEOIL Total: 924.38 Lillie Newspapers Inc. Lillie Suburban 07/30/2010 07/30/2010 72.88 0.00 08/17/2010 Publications - No 0000 101-410-1320-43510 Legal Publishing 07/30/2010 Total: 72.88 Lillie Total: 72_88 LOFF Loffier Companies, Inc. 1149284 08/02/2010 187.33 0.00 08/17/2010 Copy Machine Overages and Base - No 0000 101-410-1940 11040 Repairs/Maint Contractual Eqpt 1149284 Total: 187.33 LOFF Total: 187.33 MARVS Marv's Professsional Tools 227690 07/15/2010 36.79 0.00 08/17/2010 Torch No 0000 601-494-9400-42400 Small Tools & Minor Equipment 227690 Total: 36.79 MARVS Total: 36.79 MENARDSO Menards - Oakdale 83127 07/15/2010 32.51 0.00 08/17/2010 W/Basket, batteries, Wire Splice No 0000 101-430-3100-42150 Shop Materials 83127 Total: 32.51 AP - To Be Paid Proof List (08/11/10 - 1:24 PM) Page 6 Invoice # Inv Date 83433 07/16/2010 101-420-2220-42400 Small Tools & Equipment 83433 Total: MENARDSO Total: METCOU Metropolitan Council 0000937878 08/03/2010 602-495-9450-43820 Sewer Utility - Met Council 0000937878 Total: METCOU Total: MFRA McCombs Frank Roos Assoc Inc_ 67232 08/01/2010 101-410-1910-43150 Contract Services 67232 Total: MFRA Total: MILLEREX Miller Excavating, Inc. 14924 07/27/2010 101-430-3120-43150 Contract Services 14924 Total: MILLEREX Total: MN NATIV Minnesota Native Landscapes 5945 08/27/2010 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 5945 Total: 75.00 5992 07/29/2010 2,734.50 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 5992 Total: 2,734.50 MN NATIV Total: 2,809.50 MODSPACE Modular Space Corporation 105490595 08/07/2010 411-480-8000-45200 Buildings and Structures 105490595 Total: MODSPACE Total: AP - To Be Paid Proof List (08/11/10 - 1:24 PM) Amount Quantity Pmt Date Description Reference 36.60 0.00 08/17/2010 Voltage Testers 36.60 69.11 1,374.96 0.00 08/17/2010 Monthly Wastewater Service - Sept 2010 1,374.96 1,374.96 180.00 0.00 08/17/2010 Planning Services - July 2010 180.00 180.00 695.25 0.00 08/17/2010 Grading Gravel Roads 695.25 695.25 75.00 0.00 08/17/2010 Consulting - Sunfish Park 0.00 08/17/2010 Herbicide Treatment - Sunfish Lake Park 6,556.00 0.00 08/17/2010 City Hall Annex Improvements 6,556.00 6,556.00 Task Type PO # Close POLine # No No No No No No No 0000 0000 0000 0000 0000 0000 0000 Page 7 Invoke # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # ONECALL Gopher State One Call 70630 07/31/2010 198.65 0.00 08/17/2010 Line Locates - July 2010 No 0000 101-430-3100-43150 Contract Services 70630 Total: 198.65 ONECALL Total: 198.65 POMPS Pomp's Tire Service, Inc. 691851 07/23/2010 111.00 0.00 08/17/2010 Tire for 1985 Dodge No 0000 101-450-5200 44040 Repairs/Maint Eqpt 691851 Total: 111.00 697065 07/26/2010 260.00 0.00 08/17/2010 Tire Repair Case Loader 99-2 No 0000 101-430-3100-44040 Repairs/Maint Eqpt 697065 Total: 260.00 POMPS Total: 371.00 PRESSA Anastasia Press 08/04/2010 08/04/2010 55.00 0.00 08/17/2010 City Council Meeting 8/4/2010 No 0000 101-410-1450-43620 Cable Operations 08/04/2010 Total: 55.00 PRESSA Total: 55.00 RUD Prince-Rud Diane 08/11/2010 08/11/2010 320.00 0.00 08/17/2010 Cleaning city Hall and Annex No 0000 101-410-194044010 Repairs/Maint Contractual Bldg 08/11/2010 08/11/2010 240.00 0.00 08/17/2010 Cleaning Fire Hall No 0000 101-420-2220-44010 Repairs/Maint Bldg 08/11/2010 08/11/2010 6.41 0.00 08/17/2010 Supplies No 0000 101-410-1940-42110 Cleaning Supplies 08/11/2010 Total: 566.41 RLTD Total: 566.41 STAHLMAN Chris Stahlman 07/29/2010 07/29/2010 101-410-1940-44300 Miscellaneous 07/29/2010 Total: STAHLMAN Total: 175.00 0.00 08/17/2010 City Hall Landscape Plan 175.00 175.00 No 0000 TASCH T.A. Schifsky & Sons Inc 49645 07/16/2010 233.76 0.00 08/17/2010 Asphalt No 0000 101-430-3120-42240 Street Maintenance Materials 49645 Total: 233.76 AP - To Be Paid Proof List (08/11/10 - 1:24 PM) Page 8 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 49717 08/02/2010 266.66 0.00 08/17/2010 Asphalt No 0000 101-430-3120-42240 Street Maintenance Materials 49717 Total: 266.66 TASCH Total: 500.42 1ESSMAN Tessman Company Corp S1630895-IN 07/14/2010 224.44 0.00 08/17/2010 Pesticide ( Weed) No 0000 101-450-5200-42160 Chemicals S1630895-IN Total: 224.44 TESSMAN Total: 224.44 TRKUTI Truck Utilities 213792 07/15/2010 4.76 0.00 08/17/2010 Wash Bay Hose No 0000 101-430-3100-42230 Building Repair Supplies 213792 Total: 4.76 TRKUTI Total: 4.76 VISALE40 VISA 07/30/2010 07/30/2010 76.00 0.00 08/17/2010 Conference Registration - Planners No 0000 101-410-1910 11370 Conferences & Training 07/30/2010 Total: 76.00 VISALE40 Total: 76.00 WAS-SHER Washington County 66992 08/05/2010 239,391.53 0.00 08/17/2010 Law Enforcement Svs 01/10-06/1 0 101-420-2100-43150 Law Enforcement Contract 66992 Total: 239,391.53 WAS-SHER Total: 239,391.53 WAS-TRAN Washington County 66969 07/28/2010 1,801.98 0.00 08/17/2010 Seal Coat Striping 101-430-3120-43150 Contract Services 66969 Total: 1,801.98 WA S-TRAN Total: 1,801.98 No 0000 No 0000 WASH-REC Washington County 07/18/2010 07/18/2010 148.00 0.00 08/17/2010 Food Stand License - Fall Festival No 0000 204-450-5200-44300 Miscellaneous 07/18/2010 Total: 148.00 AP - To Be Paid Proof List (08/11/10 - 1:24 PM) Page 9 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # WASH-REC Total: 148.00 XCEL Xcel Energy 51-4504807-7 08/11/2010 95.95 0.00 08/17/2010 Lights at Leg,ion Park No 0000 101-450-5200-43810 Electric Utility 51-4504807-7 08/11/2010 89.04 0.00 08/17/2010 Lift Station - No 0000 602-495-9450-43810 Electric Utility 51-4504807-7 08/11/2010 33.21 0.00 08/17/2010 Traffic Lights - No 0000 101430-3160-43810 Street Lighting 51-4504807-7 Total: 218.20 51-4572945-7 08/01/2010 48.88 0.00 08/17/2010 Street Lights - No 0000 101-430-3160-43810 Street Lighting 51-4572945-7 Total: 48.88 51-4576456-3 08/01/2010 267.84 0.00 08/17/2010 Fire Station 2 No 0000 101-420-2220-43810 Electric Utility 51-4576456-3 Total: 267.84 51-4580376-5 08/01/2010 368.61 0.00 08/17/2010 City Hall - No 0000 101-410-1940-43810 Electric Utility 51-4580376-5 08/01/2010 443.78 0.00 08/17/2010 Traffic Lights No 0000 101-430-3160-43810 Street Lighting 51-4580376-5 Total: 812.39 51-4733556-8 08/01/2010 17.81 0.00 08/17/2010 Tennis Courts - No 0000 101-450-5200-43810 Electric Utility 51-4733556-8 Total: 17.81 51-5044219-0 08/01/2010 42.70 0.00 08/17/2010 Parks Bldg No 0000 101450-520043810 Electric Utility 51-5044219-0 Total: 42.70 51-5356323.8 08/11/2010 2,320 51 0.00 08/17/2010 Wells 1 &2 - No 0000 601-494-9400-43810 Electric Utility 51-5356323.8 Total: 2,320.51 51-5522332-2 08/01/2010 40.51 0.00 08/17/2010 Traffic Lights No 0000 101-430-3160-43810 Street Lighting 51-5522332-2 Total: 40.51 51-5747685-4 08/01/2010 114.18 0.00 08/17/2010 Arts Center - No 0000 101-450-5200-43810 Electric Utility 51-5747685-4 Total: 114.18 51-5916043-7 08/01/2010 15.43 ' 0.00 08/17/2010 Lift Station - No 0000 602-495-9450-43810 Electric Utility 51-5916043-7 Total: 15.43 51-6429583-8 08/01/2010 15.18 0.00 08/17/2010 Lift Station No 0000 602-495-945043810 Electric Utility 51-6429583-8 Total: 15.18 51-6433976-2 08/01/2010 299.43 0.00 08/17/2010 Fire Station 1 No 0000 101-420-2220-43810 Electric Utility AP - To Be Paid Proof List (08/11/10 - 1:24 PM) Page 10 Invoice # 51-6625457-1 101-450-5200-43810 51-6736544-2 101-430-3160-43810 51-6928283-3 101-430-3160-43810 51-6956201-4 101-450-5200-43810 51-7538112-1 101-430-3100-43810 51-8126093-5 601-494-9400-43810 51-8711719-3 101-430-3160-43810 52-5275289-3 101-450-5200-43810 Inv Date 51-6433976-2 08/01/2010 Electric Utility 51-6625457-1 08/11/2010 Street Lighting 51-6736544-2 08/01/2010 Street Lighting 51-6928283-3 08/01/2010 Electric Utility 51-6956201-4 08/01/2010 Electric Utility 51-7538112-1 08/01/2010 Electric Utility 51-8126093-5 08/01/2010 Street Lighting 51-8711719-3 08/01/2010 Electric Utility 52-5275289-3 XCEL Total: ZACK Zack's, Inc. 26053 07/14/2010 101-410-1940-42110 Cleaning Supplies 26053 07/14/2010 101-430-3100-44300 Miscellaneous 26053 07/14/2010 601-494-9400-42000 Office Supplies 26053 07/14/2010 101-430-3100-42150 Shop Materials 26053 Total: ZACK Total: Report Total: AP - To Be Paid Proof List (08/11/10 - 1:24 PM) Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # Total: 299.43 40.40 Total: 40.40 1,761.01 Total: 1,761.01 30.39 Total: 30.39 369.42 Total: 369.42 463.35 Total: 463.35 20.63 Total: 20.63 10.37 Total: 10.37 13.68 Total: 13.68 6,922.31 197.76 101.94 41.88 62.18 403.76 403.76 302,536.38 0.00 08/17/2010 Legion Park 0.00 08/17/2010 Street Lights 0.00 08/17/2010 Traffic Lights 0.00 08/17/2010 VFW Ballfields 0.00 08/17/2010 Public Works 0.00 08/17/2010 Water Tower 2 0.00 08/17/2010 Speed Sign Hwy 5 0_00 08/17/2010 Pebble Park 0.00 08/17/2010 0.00 08/17/2010 0.00 08/17/2010 0.00 08/17/2010 Flat towels, toilet paper, multifold tow Safety Vests Marking Paint Shop Supplies No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No No No No 0000 0000 0000 0000 Page 11 CITY OF LAKE ELMO MAYOR & COUNC/L COMMUNICATION DATE: 8/17/2010 CONSENT ITEM: 3 MOTION as part of Consent Agenda AGENDA ITEM: Easement Encroachment Agreement — 5802 Lily Cove N. SUBMITTED BY: Kelli Matzek, Planner THROUGH: Bruce Messelt, City Administrator REVIEWED BY: Kyle Klatt, Planning Director Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: As part of tonight's Consent Agenda, the City Council is asked to authorize the execution of an easement encroachment agreement allowing residents to construct improvements (in this case a fence) within drainage and utility easements on private property. The city has received a fence permit application in which the property owners are seeking to put a fence in the backyard at 5802 Lily Cove North. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City holds easements of different sizes and for different purposes on many residential and commercial properties throughout the city. When a resident is interested in putting a structure within an easement, the City has requested the property owner provide a site plan showing where the improvement is proposed to be located, a detail of what the improvement will look like and how it will function, After that information is received, the City Engineer reviews the proposed improvement and the use of the easement to determine if the proposed improvement will impede the functionality of the easement. If the Engineer determines that the improvement will not negatively impact the functionality of the Easement, an approved building or fence permit (if applicable) and an Easement Encroachment Agreement is needed before the work may commence. LEGAL INFORMATION: An Easement Encroachment Agreement is a legal document which has been signed by all property owners seeking to install an improvement within an easement. The document, among other things, indemnifies the city from responsibility if damage occurs to the improvement or if it needs to be removed at some point in the future. -- page 1 -- City Council Meeting Easement Encroachment Agreement August 17th, 2010 Consent Agenda Item #3 The City Attorney has drafted this legal document and suggested the City Council should authorize the Mayor to sign the agreements prior to issuing a building or fence permit for the proposed improvements. STAFF REPORT: The Easement Encroachment Agreement that has been submitted for Council consideration is for a fence and has been reviewed by planning and engineering staff. The proposed fence meets all city code requirements and Staff would have otherwise issued the fence permit if they did not encroach into a drainage and utility easement. The City Council has reviewed and approved easement encroachment agreements at the April 20, 2010 regular meeting. At that time, the City Council agreed to place future applications on the Consent Agenda, unless unique circumstances occur in which case the agreement will be placed on the regular agenda. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council approve the proposed Easement Encroachment Agreement 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, and/or, further discuss and deliberate prior to taking action. If the latter, the appropriate action of the Council following such discussion would be: "Move to approve the proposed Easement Encroachment Agreement at 5802 Lily Cove N., as presented herein [and modified and/or amended at tonight's meeting]." ATTACHMENTS: Easement Encroachment Agreement — 5802 Lily Cove N. SUGGESTED ORDER OF BUSINESS (if removed front 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 Return to: Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1809 Northwestern Ave. Stillwater, MN 55082 ENCROACHMENT AGREEMENT THIS AGREEMENT is made this day of , 2010, by and between the CITY OF LAKE ELMO, a Minnesota municipality (hereinafter "City"), and Michael R. Hoheisel and Kristen E, Hoheisel (hereinafter "Owner"), husband and wife, and their successors in title. WHEREAS, the City has an easement for drainage and utility purposes over that part of the property legally described on the attached Exhibit A, located in Washington County, Minnesota; WHEREAS, Owner is desirous of constructing a fence ("The Improvements") within the Easement; and, WHEREAS, the permission granted herein is limited to The Improvement proposed within the easement. NOW, THEREFORE, in consideration of the premises and for good and valuable consideration, the receipt of which is acknowledged, the City will permit the encroachment on its easement area as set forth herein and subject to the conditions set forth below: 1. Owner and successors in title may install and maintain The Improvements in the configuration directed by the City and in accordance herewith. 2. Owner must notify the City at least forty-eight (48) hours before construction, repair and/or maintenance work commences within the easement, No such work shall take place without the City staff being given the opportunity to be present at the site. Further, if the City determines in its reasonable estimation that any proposed work may potentially cause an unsafe condition or damage or impair the City's easement area, the City shall have the authority to prevent such work from being done by giving notice to Owner; notwithstanding the foregoing, in the event of an emergency situation and/or the existence of an unsafe condition of Owner's land, the prescribed forty-eight (48) hour notice requirement shall be waived by the City. However, in the event of such situation, said waiver shall not relieve Owner from their obligation to notify the City in a timely and practical manner. The City shall have no obligation to notify Owner of their intent to do work. 3. To the fullest extent permitted by law, Owner, their successors and assigns agree to release, defend, protect, indemnify, save and hold harmless the City, its agents, directors, employees and contractors against any and all claims, costs and liabilities, including the costs of defense for damages, injury or death arising from or in any way connected to the installation, maintenance, repair, removal and/or presence of The Improvements permitted hereunder, regardless of whether such harm is to Owner, the City, the employees or officers of either or any other person or entity, except shall not be liable under this paragraph for loss or damage to the extent resulting from the negligence or intentional acts of the indemnified parties. 4. The permission granted herein is limited exclusively to the proposed improvement within the City's easement. Owner shall not alter the grade, perform any other site disturbing 2 activities, or permit such alteration anywhere upon the land upon which the City has reserved its easement without proper express written consent of the City. Owner shall construct and maintain The Improvements in compliance with all applicable laws and in good repair. Owner shall, at all times, use best efforts to conduct all of activities on said easement area in such a manner as to not interfere with or impede the operation of the City's easement and related activities in any manner whatsoever and shall remove The Improvements at no cost to the City when directed by the City. The work shall be clone and The Improvements maintained in conformance with the direction of the City. [SIGNATURES ON FOLLOWING PAGES] CITY OF LAKE ELMO By By Dean Johnston, Mayor Bruce Messelt, City Administrator STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON On this day of , 2010, before me, a Notary Public, personally appeared Dean Johnston, Mayor of the City of Lake Elmo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Lake Elmo by the authority of the City Council of the City of Lake Elmo, and acknowledged said instrument to be the free act and deed of said City of Lake Elmo. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON ) On this day of , 2010, before me, a Notary Public, personally appeared Bruce Messelt, City Administrator of the City of Lake Elmo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Lake Elmo by the authority of the City Council of the City of Lake Elmo, and acknowledged said instrument to be the free act and deed of said City of Lake Elmo. B [Michael R. H heise STATE OF MINNESOTA )ss. COUNTY OF WASHINGTON ) Notary Public Kriten E. Hoheisell 4 ANDREW T BREvER NOTARY PUBLIC MINNESOTA wa*„/ My Commission Expires,Ian. 31 201S 4 On this /2 day of );•c(-- . 2010, before me, a Notary Public, personally appeared Michael R. Hoheisellloheisel hd Kristen E. Hoheisel, husband and wife, who signed the foregoing instrument and acknowledged said instrument to be their free act and deed. Notary Public THIS INSTRUMENT DRAFTED BY: David K, Snyder Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1809 Northwestern Avenue Stillwater, MN 55082 5 MAYOR & COUNCIL CCMMUNiCATJON DATE: 8/17/2010 CONSENT ITEM: 4 MOTION as part of Consent Agenda AGENDA ITEM: Lake Elmo Fire Fighters Relief Association By -Laws Revision SUBMITTED BY: Brad Winkels, Assistant Fire Chief THROUGH: Bruce Messelt, City Finance Director Greg Malmquist, Fire Chief REVIEWED BY: Tom Bouthilet, Finance Director SUMMARY AND ACTION REOUESTED: As part of tonight's Consent Agenda, the Lake Elmo City Council is respectfully requested to approve a revision to the Lake Elmo Firefighter's Relief Association By -Laws, allowing Pro -Rating Years of Service at the time of a mernber's retirement, No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The By -Laws revision will allow for Pro -Rating Years of Service for Retiring members. Currently, the By -Laws allow only paying out based on a full year of service, based the Anniversary date (Start Date) of the member. The intent of the Association has all ways been to Pro -Rate Years of Service, and pay out has been made and approved by the OSA based on that intent. FINANCIAL/STAFF REPORT: The proposed revision has been reviewed by the Minnesota Firefighters Pension Consultants and is in compliance with Minnesota statutory requirements. The amendment has been reviewed by the Relief Association Board of Directors and was recommended to the full body for approval. This proposed revision was approved by the body of the Association at the Special Meeting held on August 3rd, 2010, City staff has reviewed this item and opines that the financial impact will be minimal, as most members do retire on their Anniversary Date. -- page 1 -- City Council Meeting Firefighters Relief Association By -Laws Revision August 17th, 2010 Consent Agenda Item # 4 RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council approve the proposed By -Law revision as part of tonight's Consent Agenda. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda, elect not to approve the proposed revision and/or table this item and request additional infolination from the Relief Association Board. The Council may also elect to further discuss and deliberate this item prior to taking action. If the latter, the appropriate action of the Council following such discussion would be: "Move to Approve a Revision to the By -Laws of the Lake Elmo Firefighter's Relief Association to allow Pro -Rating for Years of Service [as modified and/or amended at tonight's meetingr ATTACHMENTS: 1. Amended By -Laws of the Lake Elmo Firefighters Relief Association SUGGESTED ORDER OF BUSINESS af 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 -- AMENDED BYLAWS OF LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION The Bylaws of the Relief Association are hereby amended effective as of , 20 APPENDIX B LAKE ELMO FIREFIGHTERS RELIEF ASSOCIATION DEFINED BENEFIT LUMP SUM RETIREMENT PLAN 2,1 General Definitions (aa) "Year of Active Service" shall mean each 12-month period of Active Service commencing with a Participant's Entry Date or anniversary thereof. This definition shall be used for the purposes of calculating the minimum funding requirements and computing benefits or service pensions payable, Service pensions will be prorated monthly for fractional Years of Active Service pursuant to Minn. Stat, 424A.02, Subd. I . I certify that the preceding language is an accurate copy of the amendment to the Bylaws, Appendix B (Plan) of the Association and is duly adopted on the latter of the Board (if authorized under Section 12.3) or Member meeting held on date RA Name: Officer Signature: Officer Name: Officer Position: These model documents are drafted to conform to Minnesota state laws relating to relief association pension plans for volunteer firefighters. The model documents are not drafted to meet the requirements of tax -qualified retirement plans under the Internal Revenue Code. Minnesota Firefighter Pension Consultants, LLC (MNFPC, LLC) makes no representation regarding the status of the plans under federal or state tax laws. MNFPC, LLC is not a law firm, We recommend review by your legal counsel of model documents before adoption, Amendment (RA initiated) cin; LAKE ELMO MAYOR & COUNCIL COMMUN,CATION DATE: 8/17/2010 CONSENT ITEM #: 5 MOTION as part tithe Consent Agenda AGENDA ITEM: 42" Street Mill and Overlay — Accepting Quotes and Awarding a Contract SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Bruce Messelt, City Administrato REVIEWED BY: Jack Griffin, City Engineer Mike Bouthilet, Public Works Tom Bouthilet, Finance Director SUMMARY AND ACTION REQUESTED: The council is asked as part of tonight's Consent Agenda to accept the quotes and award a contract for the mill and overlay of 42" Street. Staff has solicited quotes from contractors to complete a 1.5-inch mill and overlay of 42' Street from Jamaca Avenue to Irish Court North. Please see the attached tabulation of the quotes. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda BACKGROUND INFORMATION: At the May 5, 2010 City Council Meeting, the contract for the 2010 Seal Coat Project was awarded. In addition to the award, Change Order No. 1 was approved, which removed 42" Street North from Jamaca Avenue to Irish Court North from the seal coat project. Spring inspection of this segment revealed further distresses experienced over the winter months; therefore, a seal coat was not the recommended improvement for the street. STAFF REPORT Your staff has determined that the most cost effective improvement for the street would be a 1.5-inch mill and overlay of the bituminous surface. This work is considered minor maintenance necessary to extend the useful life of the road. Staff contacted local contractors to perform the work and obtained quotes (see attachment no. 1). On Thursday, august 12th, the Assessment Subcommittee met and discussed the efficacy of assessing adjoining property owners for the additional costs associated with a mill and overlay (versus a seal coat). The Assessment Subcommittee recommends to the City Council that no assessment be placed upon adjoining property owners, as this would is considered minor maintenance and not a major street rehabilitation or reconstruction project. -- page 1 -- City Council Meeting 42' Street Mill and Overlay — Award Contract August 17th, 2010 Consent Agenda Item # 4 RECOMMENDATION: Based upon the above infotination and Staff report, it is recommended that the City Council approve as part of tonight's Consent Agenda the quotes received and award the contract for the 42nd Street Mill and Overlay Project to Hardrives, Inc. for their base quote of $49,529.55. 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 deliberate prior to taking action. If the latter is done so, the appropriate action of the Council following such discussion would be: "Move to accept the quotes and award the contract for the 42" Street Mill and Overlay Project to Hardrives, Inc. for their base quote of $49,529.55 [and amended and/or modified at tonight's meeting]." ATTACHMENTS: 1, Quote Tabulation 2. 42nd Street Mill and Overlay Contract page 2 — TABULATION OF QUOTES 42ND STREET MILL & OVERLAY CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 14575.001 QUOTES RECIEVED: JULY 16, 2010 *DENOTES ERROR IN QUOTERS CALCULATION ITEM NO. 2 DESCRIPTION MILL BITUMINUS SURFACE (1.5" DEPTH) BITUMINOUS TACK COAT 3 2360 TYPE LV 4 BITUMINOUS WEARING COURSE I TOTAL ENGINEER'S ESTIMATE UNIT TOTAL UNIT QUANTITY UNIT PRICE AMOUNT PRICE 8,107 SY $ 1.00 $ 8,107.00 1$ 0.65 $ 405 GAL $ 2.50 $ 1,012.50 $ 2.00 $ 790 TN $ 58.00 $ 45,820.00 $ 55.00 $ HARDRIVES INC. TOTAL AMOUNT 5,269.55 810.00 43,4.50.00 $ 54,939.50 $ 49.529.55 TKDA F:,1.11,M=D11$41.11,1110 riiiPS1,07•LEO.Liglifla The rleil Clmc yeaple.r rht T.A. SCHIFSKY & SONS UNIT TOTAL PRICE AMOUNT 1.90 $ 15,403.30 2.04 $ 56.50 $ 826.20 44,635.00 60,864.50 Page 1 State of Minnesota CONSTRUCTION CONTRACT Washington County This Contract, made this day of 2010, by the City of Lake Elmo, Minnesota (herinafter called the "Owner") and Hardrives Inc. (hereinafter called the "Contractor"). WITNESSETH that the parties hereto agree as follows: (A) The Contractor shall provide all labor, services, materials, equipment and machinery, transportation, tools, fuel, power, light , heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals, including profit and overhead, necessary for the performance, testing, start-up, and completion of the work as described herein: DESCRIPTION OF WORK: Contractor shall provide all labor, materials and equipment necessary to perform a 1,5-inch thick mill and overlay of 42"d Street North from Irish Court North to Jamaca Avenue North. Contractor shall mill the existing bituminous surface to a depth of 1.5-inches, all millings shall be removed from the site and disposed of by the contractor (incidental to Mill Bit Surface item). All work performed in the preparation of the milled surface shall be considered incidental to the project. Contactor shall place bituminous tack coat at an application rate of 0.05gal/sy prior to placement of the wear course. A 1.5-inch lift of 2360 LV4 bituminous wear course shall be paved providing a smooth transition to the existing streets, Approximate quantities for the work to be completed are summarized below. These are only estimated quantities, payment will be based on the actual work completed and measured in the field, ITEM L (ft) W (ft) D (in.) Est. Qty UNIT UNIT PRICE TOTAL MILL BIT. SURFACE (1.5" DEPTH) 2,432 30 1.5 8,107 SY $ 0.65 $ 5,269.55 BITUMINOUS TACK COAT 2,432 30 405 GAL $ 2,00 $ 810.00 2360 TYPE 1ZV4 BIT. WEAR 9, - 439 30 1.5 790 TN $ 55,00 $ 43,450,00 _ ToTAL $ 49,529.55 Contract shall be paid at the unit prices specified in the above table. In accordance with the "General Conditions" shown in this contract as follows: (B) The Contractor will complete the work by September 15, 2010. (See paragraph III of General Conditions). (C) The Owner will make payment for the whole contract, upon acceptance by the Owner of all work required hereunder and compliance by Contractor with all the terms and conditions of this contract. Page 1 of 4 City of Lake Elmo, Minnesota General Conditions for Small Contracts IN WITNESS WHEREOF, the parties hereto have executed this contract as of the date first above written. (Contrac(or) (City ofLc/cc Elmo) Page 2 of 4 City of Lake Elmo, Minnesota General Conditions for Small Contracts GENERAL CONDITIONS CHANGES IN WORK, - The Owner may at any time, make changes in the drawings and specifications, within the general scope thereof, If such changes cause an increase or decrease in the amount due under this contract or in the time required for its performance, an equitable adjustment will be made, and this contract will be modified accordingly by a "Contract Change Order". No charge for any extra work or material will be allowed unless the same has been ordered on such contract change order by the Owner arid the price therefore stated in the order, 11. INSPECTION OF WORK. - All materials and workmanship will be subject to inspection, examination, and test, by the Owner, who will have the right to reject defective material and workmanship or require its correction. 111. COMPLETION OF WORK, - If the Contractor refuses or fails to complete the work within the time specified in paragraph B of this contract, or any extension thereof, the Owner may terminate the Contractor's rights to proceed. In such event the Owner may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor will be liable for any excess cost occasioned the Owner thereby; and the Owner may take possession of and utilize in completing the work such materials and equipment as may be on the site of the work and necessary therefore, If the Owner does not terminate the right of the Contract to proceed, the Contractor will continue the work, in which event, actual damages for delay will be impossible to determine, and in lieu thereof, the Contractor may be required to pay to the Owner the sum of $100 as liquidated damages for each calendar day of delay, and the Contractor will be liable for the amount thereof: Provided, however, that the right of the Contractor to proceed will not be terminated because of delays in the completion of the completion of the work due to unforeseeable causes beyond the Contractor's control and without Contractor's fault or negligence. IV. RELEASES. - Prior to final payment, the Contractor will submit evidence that all payrolls, material bills, and other indebtedness connected with the work have been paid as required by the Owner. V. OBLIGATION TO DISCHARGE LIENS. - Acceptance by the Owner of the completed work performed by the Contractor and payment therefore by the Owner will not relieve the Contractor of obligation to the Owner (which obligation is hereby acknowledged) to discharge any and all liens for the benefit of subcontractors, laborers, material -person, or any other persons performing labor upon the work or furnishing material or machinery for the work covered by this contract, which have attached to or may subsequently attach to the property, or interest of the Owner. VI, NOTICES AND APPROVAL IN WRITING, - Any notice, consent, or other act to be given or done hereunder will be valid only if in writing. VII, CLEANING UP. - The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion oldie work shall remove from the premises all rubbish, implements and surplus materials, VIII. WARRANTY. - Contractor warrants and guarantees that title to all work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. If within one year after completion of the work, any work is found to be defective, Contractor shall promptly, without cost to the Owner, correct such defective work as approved by the Owner. IX. IDEMNIFICATION. - Contractor shall defend and indemnify the city against claims brought or actions filed against the city or any of its officers, employees or agents for property damage, bodily injury or death to third persons, arising out of or relating to contractors work under the contract. X. WORKERS' COMPENSATION INSURANCE. - Contractor shall provide a certificate of insurance showing evidence of workers' compensation coverage or provide evidence of qualification as a self -insurer of workers' compensation. XI. LIABILITY INSURANCE REQUIREMENTS, - A certificate of insurance acceptable to the City shall be filed with the City prior to the commencement of the work, The certificate and the required insurance policies shall contain a provision that the coverage afforded under the contract will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the city. Page 3 of 4 City of Lake Elmo, Minnesota General Conditions for Small Contracts Cononukn uhuU maintain commercial general UxhUity(CGL)' and Jnecessary oommombalumbr |lahaummoo'whh olimit ofnot less than $i3OOO'000each occurrence, If such CGLinsurance contains ogeneral aggregate limit, the general aggregate limit. shall be not |oxu than $2,000'000 and the aggregate limit shall apply on u per -project buxi:. The CGL |nxumnou xbu|l cover |iuhi|dv arising from proniocu, operations, independent contractors, products - completed oporohoox' personal injury and advertising i/jury, and contractually -assumed liability. The city obu|| be uamedooxn additional insured under the CGL Contractor shall maintain automobile liability insurance, and if necessary, umbrella liability insurance with nlimit uf not less than $|.00U.O0O each accident. If such insurance contains o 8000m| aggregate Umh' the guuum| aggregate limit shall he not |000 than $2.000,000, The insurance shall cover liability arising out of any auto, including owned' hired, and nnn'ownodauioo, Page 4o[4 City of Lake Elmo, Minnesota cny ELMO PAYOR & COUNCIL COMMUNICATION LAKE J DATE: 8/17/2010 REGULAR ITEM: 6 PUBLIC HEARING MOTION Resolution # 2010-039 AGENDA ITEM: 2009 Street Improvement Project — Public Hearing on Final Assessments SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Bruce Messelt, City Administrato 10A._ REVIEWED BY: Jack Griffin, City Engineer Tom Bouthilet, Finance Director SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to conduct the required Public Hearing regarding Final Assessments for the 2009 Street Improvements. Upon completion of the Public Hearing, the City Council is respectively requested to affirmatively consider the following motion: SUGGESTED: "Move to Approve Resolution No. 2010-039; A Resolution adopting the MOTION: Final Assessment Roll for the 2009 Street Improvement Project." BACKGROUND INFORMATION: On June 2, 2009, the City Council approved Resolution No. 2010-035, declaring cost to be assessed, ordering preparation of proposed assessment, and calling for the hearing on proposed assessment for the 2009 Street Improvement Project. The Project has been completed and the total project costs are known. Pursuant to Minnesota Statutes § 429, the City Council must conduct a final assessment hearing to declare the amounts to be assessed to the benefitting properties. The Council will also be presented with and hear any objections to the proposed assessment, whether presented verbally or in writing. STAFF REPORT: Pursuant to Minnesota Statutes, the City Council must declare the amount to be assessed against the benefiting properties and a hearing on the proposed assessment for these improvements must be conducted. Your staff has enclosed a Final Assessment Roll, as adopted by the City Council. The final assessments for each benefiting property are as follows: page 1 -- City Council Meeting 2009 Street Improvement Project - Final Assessment Public Hearing August 17th, 2010 Regular Agenda Item # 6 Myron Ellman Subdivision (Legion Avenue) = $700 Eden Park Development (Legion Ln, Legion Ct, Legion Cr, Lisbon Ave) = $1,750 Eden Park 2" Development (21 Street North) = $2,200 The Forest Development (r1 Street Place North) = $1,750 A USPS mailed notice has been provided to each assessed property. Official notice of the public hearing has also been duly noticed. RECOMMENDATION: Based upon previous Council actions and authorizations, as well as the above staff report, it is recommended that the City Council hold the required Public Hearing and then affirmatively consider approving the costs to be assessed for the 2009 Street Improvements by undertaking the following action: "Move to Approve Resolution No. 2010-039; A Resolution adopting the Final Assessment Roll for the 2009 Street Improvement Project." Alternatively, the City Council does have the authority to table this item, following conduct of the Public Hearing, and/or further discuss and deliberate prior to taking action. If the latter, the appropriate motion of the Council following such discussion would be: 'Move to Approve Resolution No. 2010-039; A Resolution adopting the Final Assessment Roll for the 2009 Street Improvement Project has amended at tonight's meeting]." ATTACHMENTS: As noted I. Resolution No. 2010-039 2. Final Assessment Roll SUGGESTED ORDER OF BUSINESS: Introduction of Item Report/Presentation Questions from Council to Staff Open Public Hearing Close Public Hearing ................. Call for Motion ................... ....... Discussion Action on Motion__ ....... ..... ............... ............... ......... City Administrator City Engineer .................. .................... ....... Mayor Facilitates Mayor Facilitates ................. ..... ..... .......,.... Mayor Facilitates ....................... ............. Mayor & City Council Mayor & City Council ........... _______ ........ ........ Mayor Facilitates page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2010-039 A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE 2009 STREET IMPROVEMENT PROJECT WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment fbr the 2009 Street Improvement Project; NOW, THEREFORE, BE IT RESOLVED, 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof is herby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby fbund to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in. equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2011, and. shall bear interest at the rate of 6,00% percent per annum from the date of the adoption of the assessment resolution, To the first installment shall be added interest on the entire assessment from the date of this resolution. until December 31, 2010, To each subsequent installment when due shall be added interestfor one year on all unpaid installments. 3 The owner of any property so assessed may, at any time prior to the certification, of the assessment to the county auditor, pay the whole of the assessment on such property, with the interest accrued w the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 30 or interest will be charged through December 31 ofthe next succeeding year, 4. The City Clerk shall fOrthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Resolution No. 2010-039 Date: , 2010 CITY OF LAKE ELMO By: Dean A, Johnston Mayor ATTEST: Bruce A. Messelt City Administrator Resolution No, 2010-039 2 FINAL ASSESSMENT ROLL MYRON ELLMAN SUBDIVISION LEGION AVENUE NORTH NO. NAME 1 CONSTANCE A SPAISE 2 DONALD J & JERILYN M GARNER 3 MICHAEL L & MARIE D JARA 4 WILLIAM T & GAIL C SULLIVAN 5 FLORAIN J & CYNTHIA STEVENS 6 WILLIAM T & GAIL C SULLIVAN 7 JASON R & GINA M GORMAN 8 GERALD C & CANDYCE J OLSEN 9 JOESEPH W & MARSHA K COLIANNI 10 LARRYJ & DIANA R NUEMANN 11 DANIELJ &STEPHANIE M LAMO I IE 12 RONDALD JR & KAREN L ROBINE 1 I E 13 WILLIAM R & DORORTHY MURRAY 14 ERLIN.G B & LOU AN all ERLUND 15 DANA M & CHRISTINE A NELSON 16 ERLING B & LOU AN ZETTERLUND 17 CITY OF LAKE ELMO 18 CITY OF LAKE ELMO 19 DAVID V & BEVERLY A GEBHARD 20 ELIZABETH E & THEODORE C OLSEN 21 DAVID A STASKA 22 BRADLEY J & MOLLY A WINKELS 23 STEVEN D & ROSALIE SHANLEY 24 THONAS C & BARABARA C DECK 25 MARK E & MICHELLE R DEZIEL 26 ALLEN P SEHLOFF 27 ALAN W & RALEA KUPFERSCHMIDT 28 RODNEYA&JUDYATOFT 29 AUTHER M & MARY C FRIENDT ADDRESS 2995 LEGION AVE N LAKE ELMO 2988 LEGION AVE N LAKE ELMO 2971 LEGION AVE N LAKE ELMO 2968 LEGION AVE N LAKE ELMO 2955 LEGION AVE N LAKE ELMO 2939 2932 2921 2916 2903 2898 2891 LEGION AVE N LEGION AVE N LEGION AVE N LEGION AVE N LEGION AVE N LEGION AVE N LEGION AVE N LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 2871 LEGION AVE N LAKE ELMO 55042 2866 LEGION AVE N LAKE ELMO 55042 2837 LEGION AVE N LAKE ELMO 2832 LEGION AVE N LAKE ELMO 2817 LEGION AVE N LAKE ELMO 2814 LEGION AVE N LAKE ELMO 2797 LEGION AVE N LAKE ELMO 2790 LEGION AVE N LAKE ELMO 2783 LEGION AVE N LAKE ELMO 2778 LEGION AVE N LAKE ELMO 2769 LEGION AVE N LAKE ELMO 2764 LEGION AVE N LAKE ELMO 2749 LEGION AVE N LAKE ELMO Page 1of5 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 55042 PT) 2402921120002 2402921210016 2402921120001 2402921210014 2402921120005 2402921210015 2402921120004 2402921210013 2402921120003 2402921210018 2402921120009 2402921210019 2402921120010 2402921210020 2402921120011 2402921210021 2402921210022 2402921120012 2402921120013 2402921210023 2402921120014 2402921210024 2402921120015 2402921210025 2402921120016 2402921210026 2402921120017 2402921210027 2402921130001 TOTAL UNITS 1 1 1 1 1 0 1 1 1 1 1 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 27 AMOUNT $700 $700 $700 $700 $700 $0 $700 $700 $700 $700 $700 $700 $700 $0 $700 $700 $700 $700 $700 $700 $700 $700 $700 $700 $700 $700 $700 $700 $700 $18,900 FINAL ASSESSMENT ROLL EDEN PARK LEGION LANE NORTH NO. NAME 1 CATHERINE A FOSTER 2 THOMAS M & CYNTHIA J KINDLER 3 STEPHEN D &JEAN S MANLOVE 4 SHEILA S & DANA W SMITH 5 CRIAG & SHANNON SCHAEFER 6 KENT N & LOIS E MAFFITT 7 EDWARD G & MARY E LENTH 8 GWEN A WELCH 9 RANDALL H HELLAND CYNTHIA A GACKL 10 GREGORY A &JANE HUSNIK 11 DALE W SHIMEK &JANE E HARE 12 JOHN B & BONNIE K RECHTIENE 13 JAMES L & VANCE MARY L FISH 14 J MICHAEL MCQUADE 15 CITY OF LAKE ELMO 16 MATTHEW C & J U DY A B RO CKWAY 17 WILLIAMS DEER 18 AARON MARSHALL & JENNIFER GOULD 19 WESLEY P SLY JR. & DJ WILLER-SLY 20 ROBERT A & CYNTHIA A KISH 22 GAROLD M & MARY K FELLAND 21 PETER J & ELIZABETH A REKSTAD 23 PAULT&TAMELAADEVEIIER 24 DANIEL E & ROSEMARY J MEYER 25 WILLIAM C III & STACY A STROGGREGEN 26 SHARON R HIGGINS ADDRESS 2110 LEGION LN N LAKE ELMO 55042 2111 LEGION LN N LAKE ELMO 55042 2120 LEGION LN N LAKE ELMO 55042 2121 LEGION LN N LAKE ELMO 55042 2131 LEGION LN N LAKE ELMO 55042 2134 LEGION LN N LAKE ELMO 55042 2141 LEGION LN N LAKE ELMO 55042 2201 LEGION LN N LAKE ELMO 55042 2224 LEGION LN N LAKE ELMO 55042 2225 LEGION LN N LAKE ELMO 55042 2245 LEGION LN N LAKE ELMO 55042 2267 LEGION LN N LAKE ELMO 55042 2289 LEGION LN LAKE ELMO 55042 2311 2333 2340 2345 2360 2377 2380 2383 2389 2390 2395 LEGION LN N LAKE ELMO 55042 LEGION LN N LAKE ELMO 55042 LEGION LN N LAKE ELMO 55042 LEGION LN N LAKE ELMO 55042 LEGION LN N LAKE ELMO 55042 LEGION LN N LAKE ELMO 55042 LEGION LN N LAKE ELMO 55042 LEGION LN N LAKE ELMO 55042 LEGION LN N LAKE ELMO 55042 LEGION LN N LAKE ELMO 55042 LEGION LN N LAKE ELMO 55042 Page 2 of 5 PID 2402921430016 2402921430011 2402921430017 2402921430010 2402921430009 2402921430018 2402921430008 2402921430007 2402921430003 2402921430022 2402921430002 2402921420017 2402921420016 2402921420015 2402921420026 2402921420014 2402921420013 2402921420025 2402921420012 2402921420024 2402921420004 2402921420004 2402921420003 2402921420002 2402921420022 2402921420001 TOTAL UNITS AMOUNT 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 26 $45,500 FINAL ASSESSMENT ROLL EDEN PARK (CONTINUED) LEGION LANE CIRCLE NORTH NO, NAME 1 GARY SMITH &JANINE PETERSON 2 DUANE & KATHLEEN A ROETTGER 3 TERRY S EMERSON LEGION LANE COURT NORTH NO. NAME 1 DEANNA J JANILLA 2 MARY! HALLER 3 JOHN F & MARY K FEIKEMA LISBON AVENUE NORTH NO, NAME 1 JAMES P & KATHLEEN M EGAN 2 MARVIN H & MARY ANN KLOL I LKE 3 CHARLES F JR. & MARILYN GALLO 4 JOHN P & CONSTANCE M LENGYEL 5 JAMES W & GAY H VAN PELT 6 REBEKAJ RONCHETTI 7 TIMOTHY L & NANCY L MANDEL ADDRESS 2174 LEGION LN CIR N LAKE ELMO 2194 LEGION LN CIR N LAKE ELMO 2204 LEGION LN CIR N LAKE ELMO ADDRESS 2175 LEGION CT N LAKE ELMO 2189 LEGION CT N LAKE ELMO ADD RESS 2410 LISBON AVE N LAKE ELMO 2415 LISBON AVE N LAKE ELMO 2440 LISBON AVE N LAKE ELMO 2445 LISBON AVE N LAKE ELMO 2461 LISBON AVE N LAKE ELMO 2470 LISBON AVE N LAKE ELMO 2479 LISBON AVE N LAKE ELMO Page 3 PID 55042 2402921430019 55042 2402921430020 55042 2402921430021 TOTAL P ID 2402921430006 55042 2402921430005 55042 2402921430004 TOTAL 55042 55042 55042 55042 55042 55042 55042 PID 2402921420005 2402921420011 2402921420006 2402921420010 2402921420009 2402921420007 2402921420008 TOTAL UNITS AMOUNT 1 $1,750 1 $1,750 1 $1,750 3 $5,250 UNITS AMOUNT 1 $1,750 1 $1,750 1 $1,750 3 $5,250 UNITS AMOUNT 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 7 $12,250 TOTAL EDEN PARK NEIGHBORHOOD 39 $68,250 FINAL ASSESSMENT ROLL EDEN PARK 2ND ADDITION 21ST STREET NORTH NO. NAME 1 ROGER M & VIRGINIA COLOMBO 2 RICHARD & ELIZABETH HEATH 3 RICHARD & ELIZABETH HEATH 4 JOHN FRANCIS & MAUREEN TUMULTY 5 DANIELJ FLESHER 6 DOUGLAS C & KRISTIL KILLIAN 7 HAMMON T & KATHERINE BECKEN 8 HAMMON T & KATHERINE BECKEN ADDRESS 11977 21ST ST N LAKE ELMO 11950 21ST 5T N LAKE ELMO 11933 11920 11909 11860 21st ST N 21st 5T N 21st ST N 21st ST N LAKE ELMO LAKE ELMO LAKE ELMO LAKE ELMO Page 4 of 5 PID 55042 2402921440016 55042 2402921440008 2402921440007 55042 2402921440015 55042 2402921440009 55042 2402921440012 55042 2402921440010 2402921440011 TOTAL UNITS AMOUNT 1 $2,200 1 $2,200 0 $0 1 $2,200 1 $2,200 1 $2,200 1 $2,200 1 $2,200 7 $15,400 FINAL ASSESSMENT ROLL THE FOREST 3RD STREET PLACE NORTH NO. NAME 1 BRUCEJ & AUDREY R GILMAN 2 MARCUS J & REBECCA L GERNES 3 GARY T & NANCY H OLSON 4 MICHAEL P & TAMERA A WELCH 5 THOMAS M & MICHELEATAYLOR 6 MICHELE M REVOIR 7 ROBERT DALE KOSS 8 PHYLLIS M AAMODT 9 SUSAN L GILLMAN 10 JAMES L & MARY D NAGEL 11 BENJAMIN D & PAMELLAJ ROTH 12 VICTOR A JR & JEANNE M MASANZ 13 PATRICIA A & GERALD E ANDERSON 14 LAWRENCEA & MELANIE H WALSH 15 LINDAJ BEALL 16 GLEN A & KAREN J LOWNSBERY 17 VERNON K & VICKIE E NIEMAN 18 PATRICK J & JOYCE L MURRAY ADDRESS 10963 3RD ST PL N LAKE ELMO 55042 10950 3RD ST PL N LAKE ELMO 55042 10931 3RD ST PL N LAKE ELMO 55042 10922 3RD ST PL N LAKE ELMO 55042 10903 3RD ST PL N LAKE ELMO 55042 10886 3RD ST PL N LAKE ELMO 55042 10875 3RD ST PL N LAKE ELMO 55042 10858 3RD ST PL N LAKE ELMO 55042 10847 3RD ST PL N LAKE ELMO 55042 10830 3RD ST PL N LAKE ELMO 55042 10819 3RD ST PL N LAKE ELMO 55042 10802 3RD ST PL N LAKE ELMO 55042 10791 3RD ST PL N LAKE ELMO 55042 10774 3RD ST PL N LAKE ELMO 55042 10763 3RD ST PL N LAKE ELMO 55042 10746 3RD ST PL N . LAKE ELMO 55042 10735 3RD ST PL N LAKE ELMO 55042 10728 3RD ST PL N LAKE ELMO 55042 Page 5 of 5 PID 3502921410007 3502921410002 3502921410008 3502921410003 3502921410009 3502921410004 3502921410010 3502921410005 3502921410011 3502921410006 3502921410012 3502921420012 3502921420008 3502921420005 350292142.0009 3502921420006 3502921420010 3502921420007 TOTAL UNITS AMOUNT 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 1 $1,750 18 $31,500 1 ciTy or LAKE E MAYOR & COUNCIL COMMUNICATION DATE: 8/17/2010 REGULAR ITEM: 7 MOTION Resolution 2010-040 AGENDA ITEM: Adoption of Required Updates to the Lake Elmo Comprehensive Plan SUBMITTED BY: Kyle Klatt, Planning Director THROUGH: Bruce Messelt, City Administrato REVIEWED BY: Kelli Matzek, City Planner SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to review and affirmatively consider adoption of required updates to the City's 2030 Comprehensive Plan, based upon the Metropolitan Council's acceptance of this document at its March 24, 2010 meeting. The action by the Met Council grants Lake Elmo authorization to put the 2030 Update into effect. The suggested motion "Move to approve Resolution 2010-040 adopting required updates to the Lake Elmo 2030 Comprehensive Plan" Because there has been a fairly significant amount of time since the Council last reviewed the 2030 Comprehensive Plan, Staff is recommending that the Council review the attached materials. Please note that, in the interest of reducing unnecessary copying and staff time, the Council is being given a PDF version of the Updated 2030 Comprehensive Plan on a CD-ROM. Please contact staff if you require a printed copy of these materials before the meeting. LEGAL CONSIDERATIONS: The Metropolitan Land Planning Act requires every municipality and county within the seven -county metropolitan area to prepare and to submit a comprehensive plan to the Metropolitan Council. These plan updates must be submitted to the Met Council every ten years, with the exact timing based on the completion of a "systems statement" for each community. Updated comprehensive plans for the current review cycle were due in December of 2008. However, the City of Lake Elmo was among a group of communities that received a six-month extension to complete its update. The revised deadline for Lake Elmo to submit an updated Comprehensive Plan was May 29, 2009. Minnesota law requires each local governmental unit to formally adopt its Comprehensive Plan (Mei' the Metropolitan Council's final action. In cases where the Metropolitan Council has -- page 1 -- City Council Meeting 2030 Comprehensive Plan — Required Updates August 17th, 2010 Regular Agenda Item #7 recommended changes, the local government is to incorporate them into the plan or respond to the Council (regarding any information requests) before the governing body adopts the comprehensive plan updates. In Lake Elmo's situation, the Met Council did make several recommendations concerning changes to the 2030 Comprehensive Plan. In addition, suggestions previously received by the City from adjoining communities (primarily Washington County). It is important to note, however, that the required changes are not significant and all have been easily incorporated in one form or another into the final document. BACKGROUND INFORMATION: A brief history of the City's process to update the Comprehensive Plan is as follows: In December 2008, the Metropolitan Council granted the City of Lake Elmo's request for an extension until May 29, 2009, to update its Comprehensive Plan and submit the document for review. The City submitted the updated chapters to the Metropolitan Council (Parks and Open Space Plan, Transportation Plan, Water Supply Plan, Surface Water Management Plan, Protection of Special Areas Plan) for review on May 29, 2009, The City of Lake Elmo provided copies of the Comprehensive Plan update to adjoining communities in May of 2009. The City received a response letter from the Metropolitan Council on June 19, 2009 that noted four elements of the plan deemed incomplete: Government Unit Review, Community and Individual Sewage Treatment Systems (ISTS), Housing, and Implementation. The City Council authorized staff to submit information to the Met Council in response to the notice of incompletion regarding the 2030 Comprehensive Plan Update on November 17, 2009. The City received notification from the Met Council on January 13, 2010 that the Comprehensive Plan Update was deemed complete for review. The Met Council completed its review of the Comprehensive Plan Update at its March 24, 2010 meeting and authorized the City of Lake Elmo to put the Plan into effect. STAFF REPORT: There are four primary elements that must be addressed in a community's comprehensive plan, which include: background information, land use plan, public facilities plans, and implementation. As part of the 2008 update requirement, the City of Lake Elmo was not required to update the first two of these sections, background and land use, Therefore, the -- page 2 -- City Council Meeting August 17th, 2010 2030 Comprehensive Plan— Required Updates Regular Agenda Item #7 . attached document incorporates the entirety of these sections as they were drafted by the City as part of the previous update. In particular, the land use section has not been updated or altered in any way, and doing so would alter many portions of the current update that are based on this section. Lake Elmo last updated its Comprehensive Plan in 2006, after a lengthy negotiation process with the Metropolitan Council, Because this update was submitted outside of the normal time frame applied to all other communities in the metropolitan area, Lake Elmo is in a unique situation with regards to its 2030 Comprehensive Plan. The Met Council has determined that Lake Elmo must only update certain sections of its plan in order to comply with the systems statement that was issued on September 12, 2005. Three of the specific sections that needed to be addressed with the update fall under the heading of "Public Facilities Plans", including sections pertaining to transportation, water resources (including water supply and surface water management) and parks and open space. The other components that must be updated include "Protection of Special Areas" (solar access and aggregate deposits protection) under Land Use and Implementation, The Parks and Open Space Plan was submitted to the Met Council last year, and is, therefore, being included with the current update at this time with revisions to address the comments that were received. As noted above, the Background Information and Land Use Plan are not required to be updated, and have, therefore, not been revised as a part of the 2030 update submission to the Met Council. All land use forecasts for the updated sections, includina population projections, are based on the current land use section. OTHER INFORMATION: The City Council spent time during several workshops over the last year reviewing each of the separate plan elements. Information associated with these previous reviews, including a summary of changes to the Transportation, Surface Water Management, and Water Supply sections is available upon request. The Planning Commission has conducted the required public hearing for each of the revised sections, and the City Engineer or Planning Department has incorporated comments from the Commission into the final documents. The goal of proposed updates is to complete the minimal requirements of the Metropolitan Council's System Statements (and watershed districts for the water resources plans) to comply with the given deadlines. All plans have been prepared on the basis of the current land use plan adopted in 2006. The City is required to submit its Comprehensive Plan amendment to adjacent communities for review. Each community was given six months to review the document, and this review period was completed in November 2009. -- page 3 -- City Council Meeting 2030 Comprehensive Plan — Required Updates August 17th, 2010 Regular Agenda Item #7 Since the Met Council's approval, the City has also been working with the Watershed Districts to obtain their approval of the local surface water management plan, as required by State Statute. Both Brown's Creek and South Washington Watershed Districts approved Lake Elmo's plan some time ago. However, the City only recently received approval from the Valley Branch Watershed District (VBWD). The City Engineer has made minor modifications to the plan, based upon the comments received from VBWD. This approval was the last remaining item that needed to be addressed before the City could formally adopt the 2030 updates. With final adoption of the 2030 Comprehensive Plan Update, the City will be able to take action to revise the Memorandum of Understanding with the Met Council to account for the downturn in the economy. The essential structure for revisions to the housing unit projections and deadlines is in place; but will not be considered until after Lake Elmo puts its 2030 Comprehensive Plan Update into effect. Staff will bring this discussion forward in the near future as a Council action item. RECO1VIMENDATION: Based upon the above background information, required legal action and Staff report, it is recommended that the City Council formally adopt the 2030 Comprehensive Plan Update by undertaking the following action "Move to approve Resolution 2010-040 adopting the Lake Elmo 2030 Comprehensive Plan Update." Alternatively, the City Council may table action on this item if additional information is needed and requested concerning the 2030 Comprehensive Plan update or the history of the process undertaken. It should be noted, however, that the City is legally obligated to adopt the required updates to its Comprehensive Plan. Failure to do so would be in violation of State Statutes. If significant revisions are made to the proposed updates at tonight's meeting, the City may have to resubmit its Comprehensive Plan for additional Met Council, adjacent community and Watershed District review. If such action is undertaken, the following motion is suggested: "Move to approve Resolution 2010-040 adopting the Lake Elmo 2030 Comprehensive Plan Update [as amended at tonight's meeting and pending final approval by statutorily -mandated bodies]." ATTACHMENTS: 1. 2030 Comprehensive Plan Update (on CD-ROM) — distributed with 8/4/10 mtg. agenda 2. Valley Branch LSWMP Approval Letter (7/23/10) 3. City Engineer Response to Valley Branch Watershed District 4. Floodplain Map page 4 — City Council Meeting August 17th, 2010 2030 Comprehensive Plan — Required Updates Regular Agenda Item #7 SUGGESTED ORDER OF BUSINESS: Introduction of Item Report/Presentation.... ..................... ...... . ............... Questions from Council to Staff City Administrator Planning Director Mayor Facilitates Public Input, if Appropriate ........ .......... ....... .......... ........ Call for Motion Discussion Action on Motion ... Mayor Facilitates Mayor & City Council Mayor & City Council Mayor Facilitates — page 5 -- CITY OF LAKE ELMO RESOLUTION NO. 2010-040 A RESOLUTION AUTHORIZING ADOPTION OF THE CITY OF LAKE ELMO 2030 COMPREHENSIVE PLAN UPDATE WHEREAS, Minnesota Statutes section 473.864 requires local governmental units to review and, if necessary, amend their entire comprehensive plans and their fiscal devices and official controls at least once every ten years to ensure comprehensive plans conform with metropolitan system plans and ensure fiscal devices and official controls do not conflict with comprehensive plans or permit activities that conflict with metropolitan system plans; and WHEREAS, the City Council, City Staff, and the Planning Commission have prepared a draft Comprehensive Plan intended to meet the requirements of Minnesota Statutes and the Metropolitan Council guidelines; WHEREAS, the City conducted public hearings on April 13, 2009 and April 22, 2009 relative to the adoption of the Comprehensive Plan; and WHEREAS, the City Council has reviewed the Comprehensive Plan and those recommendations, public comments, and comments from neighboring jurisdictions and affected governing bodies; WHEREAS, the City Council granted the draft plan preliminary approval on May 19, 2009 and authorized staff to submit the plan to the Metropolitan Council for review; WHEREAS, the Metropolitan Council has reviewed and taken final action on the plan on March 24, 2010 and found that the plan, with minor changes, meets all Metropolitan Land Planning Act requirements, confoims to regional systems plans for transportation, water resources management, and parks, and is compatible with the plans of adjacent and affected jurisdictions; and WHEREAS, the City has made all requested changes to the plan in response to Metropolitan Council guidance; NOW THERE, BE IT RESOLVED by the City Council in and for the City of Lake Elmo that the "City of Lake Elmo 2030 Comprehensive Plan Update" is hereby adopted. The foregoing resolution, offered by Councilmember and supported by Councilmember , was declared and carried on the following vote: Ayes: Nays: Passed: August 17, 2010 Dean Johnston, Mayor Attest: Bruce Messelt, Administrator July 23, 2010 Mr. Jack Griffin, PE Lake Elmo City Engineer(,, TKDA 444 Cedar Street, Suite 1500 St. Paul, MN 55101-2140 Re: City of Lake Elmo's Local Surface Water Management Plan Dear Jack: Thank you for submitting your July 12, 2010 responses to my December 17, 2009 comment letter on the draft City of Lake Elmo Local Surface Water Management Plan (LSWMP). On behalf of the Valley Branch Watershed District. (VBWD) Board of Managers, I found the amended LSWMP to be consistent with the VBWD 2005-2015 Watershed Management Plan and the VBWD's Rules and Regulations. The VBWD Managers approved the Lake Elmo LSWMP at their July 22, 2010 meeting. Thank you for the opportunity to review and comment on the LSWMP. The VBWD Managers look forward to working with the City in managing and protecting our water resources. Sincerely, 1: hn P. Hanson, PE Barr Engineering Company Engineers for the Valley Branch Watershed District c: VBWD Managers (via email) Bruce Messelt, City of Lake Elmo Administrator Kyle Klatt, City of Lake Elmo Planning Director Ryan Stempski, Assistant City Engineer — TKDA Melissa Lewis, Board of Water and Soil Resources (via e-email) Matt Moore, South Washington Watershed District Administrator (via e-mail) Karen Kill, Browns Creek Watershed District Administrator (via e-mail) JesSica Collin-Pilarski, Washington County Public Health and Environment Associate Planner (via e-mail) Jack Frost, Metropolitan Council Watershed Coordinator (via email) LINCOLN FETCHER • DAVID HUCHECK • DONALD SCHEEL • PALE BORASH • RAY LUCKSINGER VALLEY BRANCH WATERSHED DISTRICT • P.Q. BOX 838 • LAKE ELMO, MINNESOTA 55042-0538 www.vbwd.org TKDA ENGINEERING• ARCHITECTURE • PLANNING The right time. The right people. The right ootripum July 12, 2010 Mr. John Hanson, P.E. Valley Branch Watershed District 4700 West 77th Street Mirmeapolis, Minnesota 55435 dik 1 4 C)F ELM Re: Lake Elmo Local Surface Water Management Plan (LSWMP) City responses to VBWD Comment Letter dated 12.17,09 TKDA Project No. 14287.000 Dear Mr. Hanson: 444 Cedar Street, Sulte 1500 Saint Paul, MN 55101 (651) 292-4400 (651) 292-0063 Fax www,tictia,com This letter responds to the comments included in your letter of December 17, 2009. We hope that with our additional discussion and submittal of this information we can resolve the issues identified in the District's letter and receive Board approval of the LSW1v1P. Floodplain Man, Figure 12 The City has updated Figure 12 to show floodplain areas consistent with the FEMA Flood Insurance Rate Map, as indicated in your letter. (See attached.) Assessment of Problems and Corrective Actions, Valley Branch Watershed District, Proposed Corrective Actions, nape 58. /1/3 NT comment: The comment letter states that "The VBWD will require additional information from the City before issuing a permit for the proposed project." City response,. All development projects proposed in the Village area will need to apply to the City, VBWD, County, and other agencies for all required approvals of plans and permits. Proposed projects will need to provide the data required by the VBWD and other agencies for evaluation of the permit requests. The AUAR includes a detailed water quantity and quality analysis of the Village Area, It includes specific mitigation requirements to construct ponds and runoff volume facilities in the Village Area to alleviate downstream flooding issues and address the VBWD rate control requirements. The AUAR analysis is referenced and adopted in the City's LSWMP. As projects An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Mr. John Hanson Valley Branch Watershed District Response to VBWD letter of 12.17.09 July 12, 2010 Page 2 are proposed to the City, developers will be required to implement the Mitigation Plan and apply to the VBWD for permits. Assessment of Problems and Corrective Actions, Valley Branch Watershed District Pronosed Corrective Actions, nage 59. VBWD comment: The comment letter states that "The LSWMP does not accurately state the commitments the City made in adopting the Village Area AUAR. The AUAR states the City will require runoff volume control facilities to prevent increases in runoff volumes from existing conditions for the 100-year event, as calculated bv the VBWD simple calculation for landlocked basins. City response: The first paragraph onpage 59 of the LSWMPhas been amended to read "Require developers to provide runoffvolume facilities to meet City storm water ordinances, VBWD permit requirements, State permit requirements, and the Mitigation measures identified in the AUAR". (See attached.) Imnlementation, Actions to Implement this Plan and Address identified Issues. first and fourth bullet, nage 69. VBWD comment: The comment letter states that "The City indicates that it adopts the VBWD watershed management plan, standards, and rules and that it will update its ordinances to be consistent with the VBWD plan, standards, and rules. However, the City's stormwater ordinance is not always consistent with the VBWD rules, and in some case, the City's ordinance is less restrictive than the VBWD rules." City response: The City disagrees with this statement and provides clarifications as follows: The City is required by state rules to adopt stormwater standards that are consistent with Watershed District standards. The City's LSWMP has indicated that it will adopt ordinances and other controls that are consistent with the District standards. Page 54 states that "The City concurs with and adopts the Valley Branch, South Washington and Brown's Creek Watershed District's Watershed Management Plans, rules and standards by reference through this LSWMP. The Watershed Districts will continue to enforce surface water regulations and permitting within the City within the boundaries of their districts. The City will coordinate its review of development proposals with the Watershed Organizations, by providing review comments to the districts." The City has adopted a stormwater ordinance, Ordinance No. 08-016. Section 150.287 Performance and Design Standards states "All Storm Water Management Plans shall meet or exceed the most stringent of the performance and design standards of this ordinance and shall be Mr. John Hanson Valley Branch Watershed District Response to VBWD letter of 12.17.09 July 12, 2010 Page 3 consistent with National Pollution Discharge Elimination Permit (NPDES) requirements, the City Engineering Design Standards, and the filing and approval requirements of relevant Watershed Districts (Brown's Creek, South Washington, and/or Valley Branch), Washington County, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, U.S, Army Corps of Engineers, and other regulatory agencies." The City's revised LSWMP sheets are attached for the District's review. We look forward to working with the District to obtain approval for the LSWMP. If you have questions regarding this letter, please contact me at (651) 292-4552 or Ryan Stempski at (651) 233-5410. Sincerely, kGriffm, P.E. ake Elmo City En meer JWG:bas Enclosures cc: Bruce Messelt, City Administrator Kyle Klatt, City Planner -Sherri A. Buss, R.L.A., TKDA Ryan Stempski, P.E., TKDA Lake Elmo,Comprehensive Plan Local Surface Water Management Plan Require developers to provide runoff volume facilities to City storm water ordinances, VBWD permit requirements, State permit requirements, and the Mitigation measures identified in the AUAR. Encourage the utilization of Low -Impact Design and volume management techniques to minimize the storm water impacts by emphasizing water infiltration and promoting the use of natural drainage systems. Complete the MPCA requirements for ORVW by the end of 2009. Complete the ongoing maintenance of proposed and existing storm water facilities Flooding near Friedrich's Pond Assessment of the Problem: The VBWD noted from the late 1970s to the mid 1980s Friedrich's Pond experienced high water levels resulting from above average precipitation and decreased ground water seepage frorn Friedrich's Pond, which resulted in basement flooding to the adjacent homes., Since that time, the VBWD and the City are not aware of instances of high water levels occurring. Recently, area residents have expressed concerns regarding low water levels in the pond. Land uses are proposed to remain the same in the area in the City's 2030 Comprehensive Plan. Proposed Corrective Actions: The VBWD has proposed the following mitigation options to address the high water level in Friedrich's Pond: Installation of a controlled gravity outlet and drainage routes, utilizing a pumped outlet structure, flood proofing the affected homes, flood insurance, and a do nothing approach. The City recognizes all the proposals as feasible solutions to the higb water level. However, due to the current trend of low water levels and the Project 1007 flood -relief improvements, the City does not find any immediate need to address flooding issues in this area. The City will work directly with the VBWD to continue to monitor the situation. If potential flooding risks are identified., the City will take the lead with the VBWD assisting in analyzing the problem and determine the appropriate solution. Any permit applications for this area will be reviewed per the City of Lake Elmo Flood Plain Ordinance. Page 59 14287.000 EL z Ci) EL 0 0 $ 4.1 t 44 40" ail: ia 31 • I , II a iial 1 t....„. it. .....„ t.' i 1 ' ....... 4 *, rr, rrf • 1. 44 :;,49 • k,t6'43 ; 5 4 ; - 9 Et t r s • ; 4*, tc4 5 ^3 I* 8884.4 & (C. 4667,7.** ;48 WI. 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", f 3 ,* 4488 „a - at,'" 555 5 ;7735557'71'. 6 ;5995 46: 4r, .4., WAS APS 43 3° 3 c* 0'43 03 AYOR & COUNCIL COMMUNICATION DATE: 8/17/2010 REGULAR ITEM: 8 DISCUSSION AGENDA ITEM: General Discussion Concerning County SSTS Ordinance (Subsurface Sewage Treatment System Regulations) SUBMITTED BY: Kyle Klatt, Planning Director THROUGH: Planning Commission Bruce Messelt, City Administra o REVIEWED BY: Kelli Matzek, City Planner SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to receive a presentation by a representative of the Washington County Public Health Department regarding the Subsurface Sewage Treatment System (SSTS) regulations recently adopted by Washington County. No formal action is required at this time, though requested direction and action regarding City conformance with these new regulations may will forthcoming. Washington County and City staff will be available to answer questions. LEGAL CONSIDERATIONS: In accordance with Minnesota statutes, the City must adopt an ordinance that, at a minimum, is as strict as the new County ordinance within one year from the date of County approval. In this case, the City must revise its regulations to either match or exceed the County's regulations by September 23, 2010, or will otherwise be required to abide by the County's ordinance. BACKGROUND INFORMATION: The City of Lake Elmo is unique in Washington County as it is one of only two con-nnunities that administers its own Individual Sewage Treatment Ordinance and does not rely on the County for these services. Of note, the City's current wastewater regulations would still include several standards that are more restrictive than the County. -- page 1 -- City Council Meeting Discussion Regarding Washington County S STS Ordinance August 17th, 2010 Regular Agenda Item Staff has reviewed both the County's recently adopted Ordinance and the City's regulations. Some of the provisions that are more restrictive than the County's regulations include the following: Mound systems are not allowed as the first disposal site on any lot. The County's regulations permit this type of system as .a primary system on a lot. The City requires sewage tanks shall be pumped or inspected by a city -licensed septic pumper, or inspected by a state -certified septic inspector every 2 years. The County ordinance specifies that these inspections can occur on a three-year cycle. In addition, the City's regulations include provisions related to Community Sewage Treatment (201) Systems and Alternative Sewage Treatment (Wetland) Systems; a good portion of which deal with the administration of these systems, which is also somewhat unique among other communities in Washington County. STAFF REPORT: The City Code provisions that are applicable to this discussion include Chapter 51, Sections 51.001 — 51,007 and 51.045 — 51.066. Staff is seeking any initial feedback from City Councilin_advance_of_preparing_a_fonnal_ordinance_revision_for review at a future meeting. Staff suggests the City Council consider the possibility of adopting the County ordinance, by reference, and either keep or eliminate those provisions that are more restrictive. Alternatively, a larger discussion regarding the efficacy and financial implications of the City's continued control over this function may also be in order. RECOMMENDATION: It is respectfully recommended that the City Council receive and review the information provided by Washington County staff and its City staff. No other formal action is required or requested at this time. ATTACHMENTS: Letter from Washington County Regarding SSTS Ordinance SUGGESTED ORDER OF BUSINESS Introduction of Item Report/Presentation........ ...... . .......... ...... ....,,.. Questions from Council to City or County Staff Public Input, if Appropriate page 2 -- City Administrator . .......Washington County Staff ........ ,........... Mayor Facilitates Mayor Facilitates 1 c. ("C)4vi c Pr May 10, 2010 City ofLake Elmo C/O Susan Hoyt 3800 Laverne Avenue North Lake Elmo MN 55042 COUNTY SSTS ORDINANCE NAY 1 1 1010 ;Jr Department of Public Health and Erniironment Lowell. Johnson Director Sue Hedlund Deputy Director On September 8, 2009, the Washington County Board of Commissioners passed a resolution repealing the Washington County Development Code, Chapter Four, Individual Sewage Treatment System Regulations (Ordinance #128) and adopting the Washington County Development Code, Chapter Four, Subsurface Sewage Treatment System Regulations (Washington County Ordinance #179). The effective date of the ordinance is September 23, 2009. Minnesota Rules, Chapter 7082.0050, Subpart 1, Paragraph B states: City and township ordinances must be adopted no more than 12 months after adoption of the county ordinance in which the city or township is located and must comply with the standards of chapter 7080 to 7083 and must be as strict as the applicable county ordinance. If CITY/TOWNSHIP NAME has a current septic system ordinance, it must be revised by no later than September 23, 2010 and be as strict as Washington County Ordinance #179. If CITY/TOWNSHIP does not currently have a septic system ordinance, you may either adopt an ordinance that is as strict as Washington County Ordinance #179, or adopt the Washington County Ordinance #179 by reference. After September 23, 2010, if a septic system ordinance adopted in CITY/TOWNSHIP NAME, has not been revised and/or adopted, the County's ordinance shall prevail. As of this date, the Department has not been contacted regarding the status of the City's SSTS ordinance. The Department is committed to assisting communities with this ordinance revision. If your community would like assistance from the Department in any way, please contact Chris LeClair at 651-430-6673 or Pete Ganzel at 651-430-6676. Once the City's ordinance has been revised or adopted, please advise the Department as to the effective date of that revision. Government Center • 14949 62nd Street North — P.O. Box 6, Stillwater, Minnesota 55082-0006 Phone: 651-430-6655 • Fax: 651-430-6730 • TTY: 651-430-6246 Service Centers also located in Cottage Grove and Forest Lake www,co,washinutorumn.us Equal Employment Opportunity / Affirmative Action The County Ordinance is posted on the Department's website at httn://www.co.washinizton.mmus/infofor residents/environment/sentic/ordinance revision/ If the community is interested in recqivima,;;bound,version of Washington County Ordinance #179, please contact. Stephanie Holt at 651-43026678 and one will be mailed once they are published. If you would have any questions or comments about the SSTS Ordinance, please contact Chris LeClair at 651-430-6673, Pete Ganzel at 651-430-6676, or me at 651-430-6744. Sincerely, Amanda Strommer, Program Manager Washington County Department of Public Health & Environment CC: Chris LeClair, Sr. Environmental Specialist Pete Ganzel, Sr. Environmental Specialist CITY OF LAKE ! ELMO MAYOR & COUNCIL -COMMUNICATION DATE: REGULAR ITEM 11: ACTION 8/17/2010 9 Resolution 2010-041 AGENDA ITEM: A Resolution Staying Establishment of a Municipal Public Library System SUBMITTED BY: Bruce A. Messelt, City Administrator THROUGH: - NA - REVIEWED BY: Dave Snyder, City Attorney SUMMARY AND ACTION REQUESTED: This item has been scheduled at the request of the City Administrator and City Attorney in order to update the City Council on efforts to retain and enhance library services for the Lake Elmo community. Two formal meetings and several informal discussions among City and County officials have led to a mutual understanding on a proposed timeline and process for either retaining a viable Washington County Library presence in Lake Elmo or transitioning local library services to the City. As such, it is respectfully recommended that the City Council affirmatively consider the following motion: SUGGESTED "Move to approve Resolution 2010-041, staying establishment of MOTION: a Public Library System, authorizing a Library Levy, and establishing a Public Library Board far the City of Lake Elmo BACKGROUND INFORMATION: On June 29th, 2010, the City Council adopted Resolution No. 2010-031 establishing a Public Library System, authorizing a Library Levy, and establishing a Public Library Board for the City of Lake Elmo. Said Resolution could be dissolved by action of the City Council, however, if sufficient progress was made in discussions directed at "maintaining and improving existing library services or transferring library services from the County to the City . . ," STAFF REPORT: Subsequent to this action, the City Administrator and City Attorney have formally met and/or spoken with County officials on two different occasions, and have continued to research and discuss applicable legal, operational and financial implications with various representatives from the County, as well as state and regional library authorities, -- page 1 -- City Council Meeting Resolution Regarding Staying Establishment of a Municipal Public Library August 17th, 2010 Regular Agenda Item # 9 Based upon the County's preliminary draft 2011 Library budget, efforts have been taken to structure the retention of library services at minimum maintenance levels (generally current operations) at the four smaller branch libraries for 2011. In addition, the County has proposed discussions with each of the four communities hosting these branch libraries regarding long-term service options, alternative future service models and — in the case of Lake Elmo — the possibility of transition to a municipal library for local library services, While the preliminary 2011 County Budget has yet to be formally acted upon, and additional cuts are still possible, significant progress has been made in creating a mutual framework for ongoing discussions over the next several months regarding both immediate and long-term library services for the Lake Elmo community; all while the current Branch Library remains open. However, both parties also recognize that events beyond our control — specifically additional state cuts in local government aid — may necessitate immediate reconsideration of this arrangement. RECOMMENDATION: It is recommended the City Council consider the progress made to date and affirmatively consider the proposed Resolution staying establishment of a municipal public library system. Such action, as well as potential reinstatement of actions called for in Resolution No. 2010-031, would be reviewed periodically with the City Council as budgets are approved and discussions continue. The recommended motion on tonight's agenda is as follows: "Move to approve Resolution 2010-041 staying establishment of a Public Library System, authorizing a Library Levy, and establishing a Public Library Board for the City of Lake Elmo" Alternatively, the City Council does have the authority to table this item at its discretion for future consideration, thus taking no action tonight, or amending the recommended action. If the later is done so, the appropriate action of the Council following such discussion would be: "Move to approve Resolution 2010-041 staying establishment of a Public Library System, authorizing a Library Levy, and establishing a Public Library Board for the City of Lake Elmo, las amended at tonight's meeting]." ATTACHMENTS: I. August 12th, 2010 Letter to Washington County 2. Proposed Resolution 2010-041 3, Resolution 2010-03 1 -- page 2 -- CitvCouoo| meeting Resolution Regarding Staying Establishment nfuMunicipal Public Library August l7th, 2010 Regular Agenda Item # 9 SUGGESTED ORDER OF B Introductiono[Item .................................................................................. Mayor Brief Staff Report ........—~.........—...Citv Attorney and Administrator Questions from Council tVStaff .............................................. Mayor Facilitates Public Input, if Appropriate ..................................................... Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council [)iscUsGioxn—...........~—.....—...~........... Mayor & City Council — page 3— 4 CITY OF LAKE ELM 0 City of Lake Elmo 3800 Laverne Avenue North • Lake Elmo, MN 55042 • www.lokeelmo.org Phone: (651) 777-5510 • Fax: (651) 777-9615 August 12th, 2010 Mr. James Schug Administrator Washington County 14949 62nd Street North P.O. Box 6 Stillwater, Minnesota 55082-0006 Re: Mutually -Agreed Upon Topics for Discussion Relating to Branch Library Service in Lake Elmo Dear Mr. Schug; During our July 23rd, 2010 meeting among City and County officials and staff, it was agreed upon that we would seek to frame particular issues for further discussion. Among these are: 1. Location/Building to house the Branch Library or alternative service model; 2. Hours of operation at the Branch Library or alternative service model and possibilties of supplementing such; 3 Staffing configuration for the Branch Library or alternative service model (County, Volunteers, Other); 4, Current and projected future patterns of use for the Branch Library or alternative service model 5. Collection/Materials to be available at the Branch Library or alternative service model (and circulation of such materials); 6. Programming made available at the Branch Library or alternative service model and possibilties of partnership opportunities to supplement such; 7. Computer/ILL Services and Public Computer Access at the Branch Library or alternative service model; 8. Provision of/Inclusion in Regional and State library funding, services and programs; and 9. Timeline for confirmation of continuation of Branch Library services or transition timeline to an alternative service model; 10. Solicitation/Inclusion of other partners — public, private, NPO — in 'the provision of library services in Lake Elmo; and page 1 -- Letter to Mr. Schug Branch Library Topics for Discussion City of Lake Elmo August 12th, 2010 11. Necessity of flexibility in planning and implementation due to ongoing fiscal uncertainty at the state and federal levels. The City looks forward to working with you and Washington County as we, collectively, strive to provide the best possible service to our local families and library patrons, hopefully within the context of the larger Washington County Library System or as a yet -to -be -fully -determined local partner with the Washington County Library System. I will contact you regarding the setting a meeting date and time for our proposed Washington County -Lake Elmo Branch Library Working Group. In the interim, I will report back to the Lake Elmo City Council our progress made and the recommendation of the Administrator and Attorney to stay any decertification effort at this time, pending final approval of the proposed 2011 Washington County Library budget and levy. Please let me know if you have any additional questions or considerations regading this important collective effort. Sincerely; Bruce A. Messelt City Admininstrator Attachment(s): None CC: Honorable Mayor and City Council Mc fibers Mr. Dave Snyder, City Attorney page 2 -- CllY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2010-41 A RESOLUTION STAYING ESTABLISHMENT OF A PUBLIC LIBRARY SYSTEM, AUTHORIZING A LIBRARYLEVY AND ESTABLISHING A PUBLIC LIBRARY BOARD FOR THE CITY OF LAKE ELMO. WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the residents of the City currently receive library services through Washington County; and WHEREAS, it is the intention of the City of Lake Elmo to provide well managed and quality library services for the residents of Lake Elmo; and WHEREAS, the City Council passed Resolution No. 2010-031 regarding the establishment and operation of a Public Library Service at its June 29, 2010 meeting; and WHEREAS, subsequent discussions with Washington County have led to an acceptable proposed timeline and process for advancing the objectives of the City of Lake Elmo. NOW, THEREFORE, IT IS HEREBY RESOLVED, the City Council of the City of Lake Elmo hereby undertakes the following: 1) The City Council of the City of Lake Elmo hereby stays establishment of a Municipal Public Library System pursuant to Minnesota Statutes § 134.09, including establishment of a Public Library Board. 2) The City Council of the City of Lake Elmo hereby stays authorization and imposition of a library levy upon all taxable property within the City, as well as the setting aside of certain public property for the benefit of the Public Library Service, 3) The City Council of the City of Lake Elmo extends the sixty (60) day period for formal dissolution of Resolution No. 2010-031 for an additional one hundred and twenty (120) days. 4) The City Council of the City of Lake Elmo will continue good faith discussions with Washington County for the purposes of maintaining and improving existing library services or transferring library services from the County to the City and adjusting the special levy limits therefore in accordance with Minnesota Statutes § 275.72. Dissolution of Resolution No. 2010-031 regarding establishment of the Public Library System and the Library Board shall be contingent upon the City's determination that there is sufficient County funding for the host community's Branch Library for 2011 or a viable alternative service arrangement of transition plan is in place. If the City Council determines that there is not sufficient funding for local library services for 2011 within either the County or City annual budgets, the City Council may by resolution dissolve the Public Library System and Library Board. Passed and duly adopted this 17th day of August 2010 by the City Council of the City of Lake Elmo, Minnesota, ATTEST: Bruce Messelt, City Administrator Dean A, Johnston, Mayor CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2010-31 A RESOLUTION ESTABLISHING A PUBLIC LIBRARY SYSTEM, AUTHORIZING A LIBRARY LEVY, AND ESTABLISHING A PUBLIC LIBRARY BOARD FOR THE CITY OF LAKE ELMO. WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the residents of the City currently receive library services through Washington County; and WHEREAS, the City of Lake Elrno desires to establish and operate a City ubli Library Service pursuant to Minnesota Statutes § 134.07 et seq.; and WHEREAS, it is the intention of the City of Lake Elmo to provide well managed and quality library services for the residents of Lake Elmo; and WHEREAS, the City of Lake Elmo intends to set aside public property of the City for the benefit of the Public Library Service; and WHEREAS, the City Council discussed the establishment and operation of a Public Library Service at its June 29, 2010 meeting. NOW, THEREFORE, IT IS HEREBY RESOLVED, the City Council of the City of Lake Elmo hereby establishes a City Public Library Service under Minnesota Statutes § 134.07 et seq., as follows: 1) Pursuant to Minnesota Statutes § 134.09, the City Council hereby establishes a five - person Library Board, with members to be appointed by the Mayor with the approval of the City Council from among the residents of the City. 2) The initial Library Board will have two residents of the City each appointed for a one- year term, two residents of the City each appointed for a two-year tern, and one resident of the City appointed for a three-year term. Not more than one council member shall at any time be a member of the Library Board. 3) Said appointments will be effective on January 1, 2011, or a date to be determined by the City Council. 4) Following the initial appointment of the Library Board, all terms will be for three years, commencing on January 1 of the year the term begins, with Library Board members allowed to serve no more than three consecutive three-year terms. 5) The City Council will appoint an interim library director with the authority to organize and manage the Public Library System until a library director is appointed by the Library Board. The Library Board shall appoint a qualified library director and other staff as necessary, establish the compensation of ernployees, and remove any of them for cause. 6) The City Council will levy an annual, tax upon all taxable property within the City for the support of the library and will place such money in a designated Library Fund. 7) Pursuant to Minnesota Statutes § 134.11, the Library Board shall adopt bylaws and regulations for the library, and shall have exclusive control of the expenditure of all money collected for or placed to the credit of the Library Fund, of interest earned on all money collected for or placed to the credit of the Library Fund, of the construction of library buildings, and of the grounds, rooms, and buildings provided for library purposes. 8) The City shall set aside certain public property to be further specified by subsequent resolution for the benefit of the Public Library Service. With the approval of the council, the Library Board may erect a library building thereon. 9) The City Council may create a citizens' committee, to be comprised of residents from the City of Lake Elmo, to advise the City Council and the Library Board on issues of public concern related to the City of Lake Elmo Public Library Service. Notwithstanding the foregoing, subsequent to date of this Resolution, the City will continue good faith negotiations with Washington County for the purposes of maintaining and improving existing library services or transferring library services from the County to the City and adjusting the special levy limits therefore in accordance with Minnesota Statutes § 275.72. If within sixty (60) days of the date of this Resolution, the City and Washington County resolve to provide library services to the residents of Lake Elmo and the City Council determines that the Public Library established herein is no longer desirable for the City, the City Council may by resolution dissolve the Public Library System and Library Board. Furthermore, the establishment of the Public Library System and the Library Board herein shall be contingent upon the City's determination that there is sufficient funding for the Public Library System. If within sixty (60) days of the date of this Resolution, the City Council determines that there is not sufficient funding for the Public Library System, the City Council may by resolution dissolve the Public Library System and Library Board. Passed and duly adopted this 29th day of June 2010 by Elmo, Minnesota. ATTEST: Bruce Messelt, City City Co ci of ie City of ean A. Johnston,ayor MAYOR & COUNCIL COMMUNICATION DATE: REGULAR ITEM #: DISCUSSION 08/17/2010 10 AGENDA ITEM: Discussion Regarding "Nest Steps" in Village Area and 1-94 Corridor Master Planning SUBMITTED BY: Mayor and City Council THROUGH: Bruce A. Messelt, City Administrato REVIEWED BY: - NA - SUMMARY AND ACTION REOUESTED: It is respectfully requested that the. City Council discuss and provide direction regarding desired "next steps" in planning and related implementation efforts for the Village Area and 1-94 Corridor, BACKGROUND INFORMATION & STAFF REPORT: The City Council has held several discussions and City staff have made three presentations regarding baseline data relating to sewered and unsewered development scenarios, as well as Village Area infrastructure costs. Additional direction is requested regarding suggested "next steps" in this process, specifically including but not limited to the following: • Timeframe and authorization to finalize plans for the Sewer Force Main for the Village Area; • Inclusion of additional gravity flow as part of this Sewer Force Main to allow for more timely development of certain areas along the 1-94 Corridor (and additional assessment area); and • How to respond to active landowner and/or development interests in pursuing possible projects within these areas. RECOMMENDATION: It is respectfully recommended that the City Council discuss these issues and provide City staff with additional direction with respect to additional planning and implementation efforts. ATTACHMENTS: None -- page 1 -- City Council Meeting Discussion Regarding "Next Steps" for Village Area & 1-94 Corridor August 17th, 2010 Regular Agenda Item # 10 SUGGESTED ORDER OF BUSINESS: Introduction of Item ................. ..... ..... .............. ........ ...... City Administrator Discussion Mayor & City Council Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate Mayor Facilitates - Action/Direction Mayor Facilitates page 2 --