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HomeMy WebLinkAbout01-26-2010 packetL. City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota January 26. 2010 7:00 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston DeLapp Emmons, Park Smith D. APPROVAL OF AGENDA: (Thc approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings so everyone attending the meeting or watching, the meeting understands how the City Council does its public business.) F. GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G. APPROVE MINUTES: 1. Approval of the December 15. 2009, City Council minutes H. PUBLIC COMMENTS!INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes. Charitable Gambling Donation — Lake Elmo Jaycees 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 he removed at City Council's request.) 2. Approve payment of disbursements and payroll 3. Adopt Ordinance No. 08-022 approving 201() Fee Schedule 4. Letter of Support for Re -Appointment for Mr. Brian Johnson to South Washington Watershed District Board REGULAR AGENDA: 5. Public Hearing: 2010 Street and Water Quality Improvements (Jane Road N.. Isle Avenue N.. 53 Street N.. and 571 Street N.) Ordering improvement and the Preparation of Plans and Specifications: Resolution 2010-003 6. Update to Lake Elmo Floodplain Management Ordinance: Final Adoption with DNR Revisions: Ordinance No. 2008-023: Resolution No. 201 0-004 7. Consideration of City Support for -Complete Streets" Legislation K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) • Mayor and City Council • Administrator • City Attorney • City Engineer • Planning Director L. Adjourn **A social gathering may or may not be held at the Lake Elmo Inn following the meeting. * * AFT City of Lake Elmo City Council Minutes January 12, 2010 Acting Mayor Smith called the meeting to order at 7:00 p.m. PRESENT: Council Members DeLapp, Emmons, Park and Smith. Absent: Mayor Johnston • Also Present: City Administrator Messelt, Planning Director Klatt, City Engineer Griffin, Attorney , Finance Director Bouthilet and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Park moved to approve the January 12, 2010 City Council Agenda as presented. Council Member DeLapp seconded the motion. The motion passed 4-0. GROUND RULES: APPROVED MINUTES: The December 15 2009, City Council minutes were approved by consensus. PUBLIC COMMENTS/INQUIRIES: None Chris Mechelke, introduced himself as the 2010 Lake Elmo Jaycees president and gave update of upcoming events and the change in the Jaycee logo. CONSENT AGENDA: MOTION: Council Member Emmons moved to approve the Consent Agenda as presented. Council Member Park seconded the motion. The motion passed 4-0. • Approve payment of disbursements an payroll in the amount of $483,695,46 • Accept Brenda Anderson's resignation from the Planning Commission, to appoint Steve Britz, First Alternate to complete the remaining portion of this term, to appoint Todd Williams from Second Alternate to First Alternate, and to advertize the vacancy • Approve Resolution No. 2010-002 requesting $2 million in 2010 State Bonding Funds for construction of water and wastewater infrastructure of regional benefit support REGULAR AGENDA: LAKE ELMO CITY COUNCIL MINUTES January 12, 2010 Election ofActin Mayor The City staff prepared this action in accordance with Minnesota State Statute 412,121, At its December 15th, 2009 Council meeting, the City Council voted unanimously to appoint Council Member Smith to serve as Acting -Mayor during the January 2010 timeframe with Mayor Johnston would be absent. Council Member Smith served as Acting Mayor during 2009 and, according to the City Attorney, would continue to serve in this capacity until official Council action is taken pursuant to State Statute, MOTION: Council Member DeLapp moved to approve Council Member Smith as Acting Mayor for 2010. Council Member Park seconded the motion. The motion passed 4-0. Moody Drainage and Utility Easement Vacation and Rededication The public hearing notice was published in the Oakdale -Lake Elmo Review and was mailed to all property owners with Cardinal View The City Council was asked to consider a request from Terry and Karen Moody, 1535 15th Street Court N. and D & T Development to vacate a drainage and utility easement between Lots 2 and 3, Block of Cardinal View Addition and to further accept the rededication of a new easement five feet further to the west of the current one. This request was made in conjunction with an application for a Minor Subdivision to moyethe property line between these two lots five feet further to the west. The Minor Subdivision meets all applicable City Code requirements and has been approved by the City Administrator, pursuant to City regulations, subject to City Council acceptance of the drainage and utility easement vacation and rededication required to move these easements over the new lot line location. Acting Mayor Smith opened up the public hearing at 7:16 p.m. Terry Moody, applicant, stated he submitted his request to have access to the rear yard for anything that may need to be done and didn't want to damage the tree line, Acting Mayor Smith closed the public hearing at 7:20 p.rn. MOTION: Council Member DeLapp moved to adopt Resolution No, 2010-001 vacating a drainage and utility easement and dedicating a new easement between Lots 2 and 3, Block 1 of Cardinal View Addition per request of Terry and Karen Moody, 1535 15th Street N. and D & T Development, Council Member Park seconded the motion. The motion passed 4-0. LAKE ELMO CITY COUNCIL MINUTES January 12, 2010 2 Preparation of 2010 City Worknlan City Administrator Messelt requested the Council identify key work plan objectives for 2010 which would be codified into a formal work plan, with project leaders and proposed timelines identified, and presented to the Council for formal adoption at a later date, Reports: City Administrator Messelt will advertize for a planning intern position to assist the Planning Director while the Planner is on maternity leave, The City Council was asked to check their planner if available for a Council retreat the weekend of February 26th and 271h. The meeting adjourned at 8:45 p.m, Respectfully submitted by Sharon Lumby, City Clerk LAKE ELMO CITY COUNCIL MINUTES January 12, 2010 CITY o. LAKE ELJ / rTh r 77'. DATE: 1/12/2010 CONSENT ITEM #: 2 MOTION as pail of COMC111 AGENDA ITEM: Approve Disbursements and Pavroll in the Amount of S 202,773.21 SUBMITTED BY: Tom Bouthilet, Finance Director /- THROUGH: Bruce Messelt, City Administrator REVIEWED BY: City Staff SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements and payroll in the amount of S 202,773.21. No specific motion is needed. as this item is recommended to he part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Eirno has fiduciary authority and responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and payroll to he paid in accordance with State law and City policies and procedures. Claim # Amount Description ACH S 9.421.41 Payroll Taxes to IRS 01/1412010 Payroll Taxes to MN Dept. of Revenue ACH S 1.289.01 01:24/2010 Bldg Surcharge MN Dept. of Revenue ACH S 2.381.05 01/19/2010 DD2560 DD2599 S 34.627.21 Payroll Dated 01/14/2010 (Direct Deposit) 35175 35183 $ 19.151.05 Payroll Dated 0114/2010 ( Payroll) 35184 S 20.454.50 Special Check Run 1120:2010 35185 35230 S 115.44S.98 Accounts Payable Dated 01126/2010 Total: S 201773.21 STAFF REPORT: City staff has compiled and reviewed the attached set of claims. All appears to he in order and consistent with City budgetary and fiscal policies and Council direction. -- page I -- City Council Meeting, Consent - Approval of Disbursements January 26th. 2010 Agenda Item RECOMMENDATION.: It is recommended that the City Council approve as part of its Consent Agenda proposed disbursements in the amount of S 202,773.21. 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. lf done so. the appropriate action of the Council following such discussion would be: "Move to approve the January 22nd, 2010 Disbursement and Payroll, as presented [and modified] herein." ATTACHMENTS: • Accounts Payable - Dated 1/22/2010 SUGGESTED ORDER OF BUSINESS (i(removed from Consent Azenda): Questions from Council to Staff ............. ..... .............. ......... Mayor Facilitates Call for Motion ..... ................... Mayor & City Council Discussion.. ...... ....... ........... ...... Mayor & City Council Action on Motion................. ....... .............. .............. ......... ..... Mayor Facilitates — page 2 — Accounts Payable To Be Paid Proof List User Joan Z Printed: 01/22/2010 - 10:03 AM Batch: 004-01-2010 Invoice # Inv Date AMDAHL Amdahl Chris 7068 01/16/2010 101-420-2220-44010 Repairs/Maint Bldg 7068 Total: AMDAHL Total: ARAM Araniark, Inc. 629-6903148 01/07/2010 101-430-3100-44170 Uniforms 629-6903148 Total: 629-6908009 01/14/2010 101-430-3100 '11170 Uniforms 629-6908009 Total: 629-6908088 01/14/2010 101-430-3100-44010 Repairs/Maint Bldg 629-6908088 Total: ARAM Total: ASPENMI Aspen Mills, Inc. 94746 01/08/2010 101-420-2220-45800 Equipment 94746 Total: 94747 01/08/2010 101-420-2220-44170 Uniforms 94747 Total: ASPENMI Total: BELTRAME Beltrame Ben 01/12/2010 01/12/2010 101-410-1450-43620 Cable Operations 01/12/2010 Total: Amount Quantity Pmt Date Description Reference 235.00 0.00 01/26/2010 Change Combination on doors both station 235.00 235.00 28.72 0.00 01/26/2010 Uniforms 28.72 0.00 01/26/2010 Uniforms 53.67 0.00 01/26/2010 Mats 28.72 28.72 53.67 343.40 0.00 01/26/2010 Safety Traffic Vests 343.40 91.45 0.00 01/26/2010 Uniforms - Nick Witter 91.45 434.85 , 55.00 0.00 01/26/2010 Cable meeting CC 01/12/10 55.00 Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (01/22/10 - 10:03 AM) Page 1 Invoice # Inv Date BELTRAME Total: BERKLEY Berkley Risk Administrators Co 200012329 01/16/2010 101-410-1320-41510 Workers Compensation 200012329 01/16/2010 101-410-1450-41510 Workers Compensation 200012329 01/16/2010 101-410-1520-41210 PERA Contributions 200012329 01/16/2010 101-410-1910-41510 Workers Compensation 200012329 01/16/2010 101-420-2220-41510 Workers Compensation 200012329 01/16/2010 101-420-2400-41510 Workers Compensation 200012329 01/16/2010 101-410-1320-41510 Workers Compensation 200012329 01/16/2010 101-430-3100-41510 Workers Compensation 200012329 01/16/2010 101-450-5200-41510 Workers Compensation 200012329 01/16/2010 601-494-9400-41510 Workers Compensation 200012329 01/16/2010 601-494-9400-41510 Workers Compensation 200012329 01/16/2010 603-496-9500-41510 Workers' Compensation 200012329 Total: BERKLEY Total: CARQUEST Car Quest Auto Parts 2055-177645 01/13/2010 101-430-3125-44040 Repairs/Maint Eqpt 2055-177645 Total: 2055-177727 01/13/2010 101-430-3125-44040 Repairs/Maint Eqpt 2055-177727 Total: CARQUEST Total: COMOLUBE Como Lube & Supplies 203553 01/08/2010 101-430-3100-42120 Fuel, Oil and Fluids 203553 Total: AP - To Be Paid Proof List (01/22/10 - 10:03 AM) Amount Quantity Pmt Date Description 55.00 1,869.00 430.00 176.00 526.00 12,472.00 2,319.00 52.00 13,541.00 7,253.00 4,699.00 1,215.00 1,505.00 46,057_00 46,057.00 32.07 32.07 7.39 7.39 39.46 160.00 160.00 0.00 01/26/2010 0.00 01/26/2010 0.00 01/26/2010 0.00 01/26/2010 0.00 01/26/2010 0_00 01/26/2010 0.00 01/26/2010 0.00 01/26/2010 0.00 01/26/2010 0.00 01/26/2010 0.00 01/26/2010 0.00 01/26/2010 WorkersComp - Workers' Comp - Workers' Comp - Workers' Comp - Workers' Comp - Workers' Comp - Workers' Comp Workers' Comp Workers' Comp Workers' Comp Workers' Comp Workers' Comp 0.00 01/26/2010 Mud Flaps 98-2 Reference Administration Communication Finance Planning Fire Bldg - City Council - Public Works - Parks - Water - Sewer - Surface Water 0.00 01/26/2010 Miniature Lamps Trucks 0.00 01/26/2010 Anti freeze and oil filter disposal Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No No No 0000 0000 0000 Page 2 Invoice # Inv Date COMOLUBE Total: DADSPLUM Dad's Plumbing LLC 01/06/2010 01/06/2010 101-420-2220 44010 Repairs/Maint Bldg 01/06/2010 Total: DADSPLUM Total: EMERGAPP Emergency Apparatus Maint. INC WO 46795 01/11/2010 101-420-2220-44040 Repairs/Maint Eqpt WO 46795 Total: EMERGAPP Total: EMMONS A Emmons Alex 01/10/2010 01/10/2010 101-410-1450-43620 Cable Operations 01/10/2010 Total: 01/19/2010 01/19/2010 101-410-1450-43620 Cable Operations 01/19/2010 Total: EMMONS A Total: ENVENTIS ENVENTIS 738507 01/13/2010 101-410-1940-43210 Telephone 738507 Total: ENVENTIS Total: MAMA Manager Asociation Metropolitan Ar 33 01/11/2010 101-410-1320-44330 Dues & Subscriptions 33 Total: 34 01/11/2010 101-410-1110 11330 Dues & Subscriptions 34 Total: MAMA Total: Amount Quantity Pmt Date Description Reference 160.00 148.00 0.00 01/26/2010 Repair Water Leak at Station #2 148.00 148.00 1,133.71 0.00 01/26/2010 Emergency Repair to E2/3183 1,133.71 1,133.71 55.00 0.00 01/26/2010 Cable meeting 01/11/10 Planning Comm 55.00 55.00 0.00 01/26/2010 Cable Operator 1/19/10 Coucil Workshop 55.00 110.00 Task Type PO # Close POLine # 525.74 0.00 01/26/2010 Telephone/Data Service -CH January 10 - 525.74 525.74 45.00 0.00 01/26/2010 Annual Membership Dues 45.00 3,227.00 0.00 01/26/2010 City Annual Membership 3,227.00 3,272.00 No No No No No No No 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (01/22/10 - 10:03 AM) Page 3 Invoice # Inv Date MENARDSO Menards - Oakdale 27941 01/12/2010 101-450-5200 11030 Repairs/Maint Imp Not Bldgs 27941 Total: MENARDSO Total: MES Municipal Emergency Services 00141814SNV 01/11/2010 101-420-2220-42400 Small Tools & Equipment 00141814SNV Total: MES Total: NEWMAN Newman Signs TI-0217266 01/07/2010 101-430-3120-42260 Sign Repair Materials T1-0217266 Total: NEWMAN Total: NORTHSEC Northland Securities, Inc. 2152 01/14/2010 410-480-8000-46200 Fiscal Agent Fees -New Faciliti 2152 Total: NORTHSEC Total: PITNEYRE Reserve Account Pitney Bowes 01/05/2010 01/05/2010 101-410-1320-43220 Postage 01/05/2010 Total: PITNEYRE Total: RUD Prince-Rud Diane 01/13/2010 01/13/2010 101-410-1940 14010 Repairs/Maint Contractual Bldg 01/13/2010 01/13/2010 101-420-2220 11010 Repairs/Maint Bldg 01/13/2010 01/13/2010 101-000-0000-20201 Use Tax Payable 01/13/2010 Total: RUD Total: AP - To Be Paid Proof List (01/22/10 - 10:03 AM) Amount Quantity Pmt Date Description Reference 5.27 0.00 01/26/2010 Hockey Goal Repair Hardware 5.27 5.27 1,619.64 0.00 01/26/2010 Fire & Rescue Gloves 1,619.64 1,619.64 1,104.68 0.00 01/26/2010 Street Sign Brackets, stop sign film 1,104.68 1,104.68 935.00 0.00 01/26/2010 Fiscal Agent Fees - 2010 935.00 935.00 500.00 0.00 01/26/2010 Postage 500.00 500.00 342.00 0.00 01/26/2010 Cleaning City Hall & Annex 256.50 0.00 01/26/2010 Cleaning Fire Hall -38,50 0.00 01/26/2010 Use Tax 560.00 560.00 Task Type PO # Close POLine # No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 Page 4 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # SURPLUS Surplus Services 20027964 01/13/2010 28.00 0.00 01/26/2010 Shop Supplies No 0000 101-430-310042150 Shop Materials 20027964 01/13/2010 15.00 0.00 01/26/2010 Chairs Admin. Office No 0000 101-410-1320-44300 Miscellaneous 20027964 Total: 43.00 8558 01/13/2010 21.00 0.00 01/26/2010 Tools No 0000 101-430-3100-42400 Small Tools & Minor Equipment 8558 Total: 21.00 SURPLUS Total: 64.00 TDS TDS METROCOM - LLC 651-779-8882 01/13/2010 163.88 0.00 01/26/2010 Analog Lines - Fire No 0000 101-420-2220-43210 Telephone 651-779-8882 01/13/2010 155.13 0.00 01/26/2010 Analog Lines - Public Worlcs - No 0000 101-430-3100-43210 Telephone 651-779-8882 01/13/2010 104.52 0.00 01/26/2010 Analog Lines - Lift Station Alarms No 0000 602-495-9450-43210 Telephone 651-779-8882 01/13/2010 42.16 0.00 01/26/2010 Alarm - Well House #2 - No 0000 601-494-9400-43210 Telephone 651-779-8882 Total: 465.69 TDS Total: 465.69 TWINGAR Twin City Garage Door Co_ 326622 01/14/2010 3,307.40 0.00 01/26/2010 Upgrade/repair safety items Station #2 No 0000 101-420-2220 11010 Repairs/Maint Bldg 326622 Total: 3,307.40 TWINGAR Total: 3,307.40 VIKING I VIKING INDUSTRIAL CENTER 243803 01/13/2010 231.09 0.00 01/26/2010 Eye Wash Station No 0000 101-430-3100 11010 Repairs/Maint Bldg 243803 Total: 231.09 VIKING I Total: 231.09 Report Total: 61,074.64 AP - To Be Paid Proof List (01/22/10 - 10:03 AM) Page 5 Accounts Payable To Be Paid Proof List User: Joan Z Printed: 01/22/2010 - 9:40 AM Batch: 007-12-2009 Invoice # Inv Date Amount Quantity Pmt Date Description Reference ANCOM ANCOM COMMUNICATIONS, INC. 12508 01/11/2010 459.56 0.00 01/26/2010 Install two chargers in two trucks 101-420-2220-43230 Radio 12508 Total: 459.56 ANCOM 459.56 CARQUEST Car Quest Auto Parts 2055-174647, 1, 12/31/2009 22.48 0.00 01/26/2010 3 invoices - Parts 101-430-3125 11040 Repairs/Maint Eqpt 2055-174647, 1, Total: 22.48 CARQUEST Total: 22.48 CTYOAKDA City of Oakdale 10000460-01 01/31/2010 601-494-9400-43820 Water Utility 10000460-01 Total: CTYOAKDA Total: ECKBERG Eckberg Lamers Briggs Wolff 101682 12/31/2009 101-410-1320-43040 Legal Services 101682 Total: ECKBERG Total: 5,240.10 0.00 01/26/2010 Water Service - 194 5,240.10 5,240.10 2,124.49 0.00 01/26/2010 Legal Services - Civil 2,124.49 2,124.49 FIRE Fire Instruction & Rescue Educ 8006 11/02/2009 540.00 0.00 01/26/2010 HazMat Ops refresher 101-420-2220-44370 Conferences & Training 8006 Total: 540.00 8044 12/31/2009 270.00 0_00 01/26/2010 Chimney Fire Simulator 101-420-2220-44370 Conferences & Training 8044 Total: 270.00 AP - To Be Paid Proof List (01/22/10 - 9:40 AM) Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 1 Invoice # Inv Date FIRE Total: FXL FXL, Inc. 01.11.10 01/11/2010 101-410-1320-43100 Assessing Services 01.11.10 Total: FXL Total: GRAINGER Grainger 9149923600 12/29/2009 101-420-2220-44010 Repairs/Maint Bldg 9149923600 12/29/2009 101-420-2220-44010 Repairs/Maint Bldg 9149923600 Total: 9150851237 12/31/2009 101-410-1940 14010 Repairs/Maint Contractual Bldg 9150851237 12/31/2009 101-410-1940-44010 Repairs/Maint Contractual Bldg 9150851237 Total: GRAINGER Total: HAGBERGS Hagbergs Country Market 12/31/2009 12/31/2009 101-410-1320-44300 Miscellaneous 12/31/2009 Total: HAGBERGS Total: KAMCO Kamco 39-10 01/14/2010 101-430-3100-43150 Contract Services 39-10 Total: KAMCO Total: LEOIL Lake Elmo Oil, Inc_ 12/31/2009 12/31/2009 101-420-2220-42120 Fuel, Oil and Fluids 12/31/2009 Total: LEOIL Total: Amount Quantity Pmt Date Description Reference 810.00 15,383.75 0.00 01/26/2010 Assessing Services - Final 2010 15,383.75 15,383.75 13.42 4 L45 54.87 13.43 0.00 01/26/2010 Safety Signs city Buildings, water/gas 0.00 01/26/2010 Safety Signs city Buildings, not exit 0.00 01/26/2010 Safety Signs city Buildings, water/gas 41.46 0.00 01/26/2010 Safety Signs city Buildings, not exit 54.89 109.76 12.89 0.00 01/26/2010 Meeting 12.89 12.89 500.00 0.00 01/26/2010 Put up & Take down Holiday lites 500.00 500.00 382.03 382.03 382.03 0.00 01/26/2010 Fuel Task Type PO # Close POLine # No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (01/22/10 - 9:40 AM) Page 2 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # Lillie Newspapers Inc. Lillie Suburban 12/31/2009 12/31/2009 43.25 0.00 01/26/2010 Publication Ord #08-021- PZ No 0000 101-410-1320-43510 Legal Publishing 12/31/2009 Total: 43.25 Lillie Total: 43.25 MARONEYS Maroney's Sanitation, Inc 316456 01/06/2010 103.66 0.00 01/26/2010 Waste Removal - City Hall No 0000 101-410-1940-43840 Refuse 316456 01/06/2010 45.62 0.00 01/26/2010 Waste Removal - Fire No 0000 101-420-2220-43840 Refuse 316456 01/06/2010 198.87 0.00 01/26/2010 Waste Removal - Public Works No 0000 101-430-3100-43840 Refuse 316456 01/06/2010 198.87 0.00 01/26/2010 Waste Removal - Parks No 0000 101-450-5200-43840 Refuse 316456 Total: 547.02 MARONEYS Total: 547.02 MENARDST Menards - Stillwater 59781 12/08/2009 23.44 0.00 01/26/2010 Ballasts for council Room Lights 101-410-1940 1'1010 Repairs/Maint Contractual Bldg 59781 Total: 23.44 MENARDST Total: 23.44 MFRA McCombs Frank Roos Assoc Inc. 66323 01/01/2010 180.00 0.00 01/26/2010 Planning Services & Code 101-410-1910-43150 Contract Services Enforcement 66323 Total: 180.00 MFRA Total: 180.00 MN CORP Minnesota Corporate Mechanical 13208 11/19/2009 433.54 0.00 01/26/2010 Repair Heating Unit in Annex 101-410-1940-44010 Repairs/Maint Contractual Bldg 13208 Total: 433.54 MN CORP Total: 433.54 PETERSO Peterson Fram & Bergman Corp 11140-030001 12/31/2009 101-420-2150-43045 Attorney Criminal 11140-030001 Total: AP - To Be Paid Proof List (01/22/10 - 9:40 AM) 3,393.19 0.00 01/26/2010 Legal Services - Criminal 3,393.19 No 0000 No 0000 No 0000 No 0000 Page 3 Invoice # Inv Date Amount Quantity Pmt Date Description Reference PETERSO Total: 3,393.19 PITNEY Pitney Bowes 822824 01/10/2010 166.60 0.00 01/26/2010 Postage Machine Supplies 101-410-1320-42000 Office Supplies 822824 Total: 166.60 PITNEY Total: 166.60 Task Type PO # Close POLine # No 0000 PLANTH PLANT HEALTH ASSOCIATES, INC 986-09 01/13/2010 504.00 0.00 01/26/2010 Forester Services December 09 - No 0000 101430-3250-43150 Contract Services 986-09 Total: 504.00 989-09 01/14/2010 500.00 0.00 01/26/2010 Oak Wilt Reinspect fee No 0000 101-430-3250-43150 Contract Services 989-09 Total: 500.00 PLANTH Total: 1,004.00 RIVRCOOP River Country Cooperative 12/31/2009 12/31/2009 177.50 0.00 01/26/2010 Fuel No 0000 101-420-2220-42120 Fuel, Oil and Fluids 12/31/2009 Total: 177.50 RIVRCOOP Total: 177.50 S&T S&T Office Products, Inc. 0INT4534 12/22/2009 266.11 0.00 01/26/2010 Office supplies No 0000 101-410-1320-42000 Office Supplies 0INT4534 Total: 266.11 S&T Total: 266.11 SPRINT Sprint 761950227-082 01/18/2010 89.57 0.00 01/26/2010 Cell Phone Service - fire No 0000 101-420-2220-43210 Telephone 761950227-082 01/18/2010 101.80 0.00 01/26/2010 Cell Phone Service - Admin - No 0000 101-410-1940-43210 Telephone 761950227-082 01/18/2010 34.86 0_00 01/26/2010 Cell Phone Service - Bldg No 0000 101-420-2400-43210 Telephone 761950227-082 01/18/2010 59.40 0.00 01/26/2010 Cell Phone Service - Public Works - No 0000 101-430-3100-43210 Telephone 761950227-082 01/18/2010 17.43 0.00 01/26/2010 Cell Phone Service - Parks No 0000 101-450-5200-43210 Telephone 761950227-082 Total: 303.06 AP - To Be Paid Proof List (01/22/10 - 9:40 AM) Page 4 Invoice # Inv Date SPRINT Total: TKDA TKDA, Inc. 000200904058 01/11/2010 203-490-9070-43030 Engineering Services 000200904058 Total: 000200904059 01/11/2010 203-490-9070-43030 Engineering Services 000200904059 Total: 000200904060 01/11/2010 203-490-9070-43030 Engineering Services 000200904060 Total: 000200904061 01/11/2010 601-494-9400-43030 Engineering Services 000200904061 Total: 000200904062 01/11/2010 603-496-9500-43030 Engineering Services 000200904062 Total: 000200904063 01/11/2010 101-420-2400-43030 Engineering 000200904063 01/11/2010 101-430-3100-43030 Engineering Services 000200904063 01/11/2010 101-410-1930-43030 Engineering Services 000200904063 Total: 000200904064 01/11/2010 409-480-8000-43030 Engineering Services 000200904064 01/11/2010 404480-8000-43030 Engineering Services 000200904064 01/11/2010 603-496-9500-43030 Engineering Services 000200904064 01/11/2010 601-494-9400-43030 Engineering Services 000200904064 01/11/2010 602-495-9450-43030 Engineering Services 000200904064 Total: 000200904065 01/11/2010 413-480-8000-43030 Engineering Services 000200904065 Total: 000200904066 01/11/2010 415-480-8000-43030 Engineering Services 000200904066 Total: 000200904067 01/11/2010 417-480-8000-43030 Engineering Services AP - To Be Paid Proof List (01/22/10 - 9:40 AM) Amount Quantity Pmt Date Description Reference 303.06 550.61 0.00 01/26/2010 Development -Whistling Valley III 550.61 879.40 0.00 01/26/2010 Lake Elmo Farms 879.40 138.85 0.00 01/26/2010 Sanctuary 138.85 1,954.64 0.00 01/26/2010 SW Area Water System Extension 1,954.64 166.61 0.00 01/26/2010 Surface Water Management Plan 166.61 323.99 0.00 01/26/2010 General Engineering 822.00 0.00 01/26/2010 General Engineering 3,525.11 0.00 01/26/2010 General Engineering 4,671.10 1,534.41 138.85 1,293.05 1,032.16 323.99 0.00 01/26/2010 0.00 01/26/2010 0.00 01/26/2010 0.00 01/26/2010 0.00 01/26/2010 General Engineering-VRA General Engineering-VRA General Engineering-VRA General Engineering-VRA General Engineering-VRA 4,322.46 275.28 0.00 01/26/2010 Lake Elmo Village Area Eng. Support Task Type PO # Close POLine # 275.28 1,983.11 0.00 01/26/2010 2009 Street Improvement -Final Design - 1,983.11 3,780.00 0.00 01/26/2010 Lake Elmo 2010 Street & Water Quality No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 5 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 000200904067 Total: 3.780.00 TKDA Total: 18,722.06 WATERCON Water Conservation Services In 1623 01/07/2010 223.20 0.00 01/26/2010 Water Main Break locating service 601-494-9400-44030 Repairs\Maint Imp Not Bldgs 1623 Total: 223.20 WATERCON Total: 223.20 XCEL Xcel Energy 51-4504807-7 01/29/2010 225.50 0.00 01/26/2010 Lights at Legion Park 101-450-5200-43810 Electric Utility 51-4504807-7 01/29/2010 82.63 0.00 01/26/2010 Lift Station 602-495-9450-43810 Electric Utility 51-4504807-7 01/29/2010 34.92 0.00 01/26/2010 Traffic Lights 101-430-3160-43810 Street Lighting 51-4504807-7 Total: 343.05 51-5356323-8 01/29/2010 1,541.25 0.00 01/26/2010 Wells 1 & 2 601-494-9400-43810 Electric Utility 51-5356323-8 Total: 1,541.25 51-6736544-2 01/29/2010 1,962.01 0.00 01/26/2010 Street Lights 101-430-3160-43810 Street Lighting 51-6736544-2 Total: 1,962.01 XCEL Total: 3,846.31 Report Total: 54,374.34 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (01/22/10 - 9:40 AM) Page 6 f t AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: C) Approval of 2010 City Fee Schedule Tom Bouthilet, Finance Director ,t_\';1 T6 , DATE: CONSENT ITEM #: MOTION Bruce A Messelt, City Administrator3j 1- Joe Rigdon. KDV City Department Directors 1,26/201 0 As part ©f Consent Ordinance # 08-022 SUMMARY AND ACTION REOUESTED: Attached please find the proposed 2010 draft of City Fees. The City has already acted on some significant utility fees (e.g. water rates) and has directed City staff to spend 2010 reviewing and updating other fees .e. surface water). However, other City fees still need to be approved for 2010 Council is being asked to approve the proposed 2010 Fee Schedule as part of tonight's Consent Agenda after reviewing these proposed fees at the January 19th Workshop. No separate motion is required. as this item is part of the approval of the Consent Agenda (unless it is removed for purposes of further discussion). BACKGROUND INFORMATION: Based upon a review of the current Fee Schedule and past Council actions, City staff has prepared the proposed 2010 Fee Schedule for Council approval. Cognizant of the current state of the economy and recent budget actions. staff has attempted to limit any fee increases to as little as possible. However, there exists certain City fees that do require significant attention and adjustment, based either upon their current incongruity to services provided or mandated federal, state or local SUN' ices or remunerations which the City must administer. STAFF REPORT: Finance Director Bouthilet and Financial Advisor Rigdon will he available at tonight's meeting to discuss. in detail. the proposed 2010 Fee Schedule. The City Council did review this proposed 2010 Fee Schedule at its Workshop on January l9th, 2010 and made one modification — to direct City staff to work on revision to the Surface Water fee formula durinu 2010 for incorporation into the 2011 Fee Schedule. This direction has been denoted on the proposed 2010 Fee Schedule. -- page 1 -- City Council Meeting Approval of 2010 City Fee Schedule January 26th. 20] 0 Consent Agenda Item t' 3 RECOMMENDATION: Based upon the above background information and staff report. it is recommended that the City Council approve the 2010 Fee Schedule as part of tonight's Consent Agenda. Alternatively, the City Council may elect to remove this item from the Consent Agenda and discuss and modify, as appropriate. If done so, the suggested action would be as follows: "Move to Adopt Ordinance # 08-022 approving the 2010 Fee Schedule, as attached land modified by the City Council]." ATTACHMENTS: 1. Proposed 2010 Fee Schedule 2. Ordinance # 08-022 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Azenda): Introduction of Item ........ ...... ....... City Administrator Report/Presentation..... ...... ............... ....... ....... ...Tom Bouthilet & Joe Rigdon Questions from Council to Staff ......... ...... ...................... ....... Mayor Facilitates Public Input. if Appropriate Mayor Facilitates Call for Motion ............ ..... .......... ............. ..... ........ Mayor & City Council Discussion .............................. ........ ........................ ...... Mayor & City Council Action on Motion...... ..... ............... .......... Mayor Facilitates Appendix A 2010 Fee Schedule Development, Service, Building, Etc. 2009 2010 Accessory Bldg Forward of Primary Structure $75.00 $80.00 Amateur Radio Antenna $850,00 $875.00 Appeal (to Board of Adjustment and Appeals) $80.00 $100.00 Assessment Search $21.00 $25.00 Building Demolition First 1000 Square Feet $103.00 $105.00 Each Additional 1000 sq feet or portion thereof $10.50 $11.00 Burning Permits . Residential $40.00 $45.00 Commercial $75.00 $80.00 IlLegal Burn New $65.00 Comprehensive Plan Amendment $1,300.00 $1,300.00 Conditional Use Permit (CUP) . 'new or amended> CONTRACTOR LICENSE FEES BlaclrtoppinF $65.00 $70.00 Excavator License $65.00 $70.00 Pleating and A/C $65.00 $70.00 . . Sign Installer . $55.00 $60.00 Solid Waste Hauler $115,00 $120.00 Tree Contract $65.00 $70,00 COPY SERVICES Conies (B&W) $0.30 $0.35 Copies (B&W) 11 X 17 1 $3.00 $1.00 • Copies (Color) $3.00 $0.50 Copies' (Color) 11 X 17 1 $0.40 . $2.00 City Map - colored $3.10 $3.15 City Street Maps 36 X 40 $15.00 $20.00 'GIS / Engineering Maps Exiting Maps $6.00 $5.00 Custom (Pa Hour rate) $65.00 $70.00 Plan.Size Maps Larger than 11 X 17 $20.00 Development Standards Specification & Details $50.00 $55.00 Code Book $160.00 $160.00 Sections 1, 2, 4, 6-12, 14 $12.00 ' $12.00 Section 3 $52.00 $52.00 Section 5 and 13 $27.00 $27.00 Comprehensive Plan $105.00 $105.00 OP Ordinance $12.00 $12,00 Parks Plan $80.00 $80.00 Culverts in Developments with Rural Section $155.00 $160.00 Dog License $16.00 $16,00 Service Dogs License (dogs with special training to $5.00 $5.00 assist individual with diasabilities) . Unlicensed dog (first impound) $60.00 Licensed dog (first impound) $42,00 Cat Impound (first impound) $42.00 . Subsequent dog/cat impound $80.00 Duplicate License 01 Tag $1.00 Driveway $0.00 Residential $55.00 Commercial $155,00 Excavating and Grading False Alarm 1 to 3 False alarms In excess of 3 up to and including 6 false alarms within a twelve (12) month period Residential Commercial In excess of six false alarms within a twelve (12) month neriod ltesidential Commercial $1,000.00 $105.00 $0.00 $105.00 $310.00 $180.00 85/5.00 $1,000.00 $60.00 $42.00 $42.00 $85.00 $1.00 Escrow Or Additional Charge Plus .50 Surcharge Plus .50 Surcharge Wireless Communication Facilities Escrow 86,000.00 Flood Plain Ordinance Escrw $500.00 Provided electronically or paper Provided electronically or paler Renew on expiration of rabies vaccination Plus Boarding Fee-20.00/Day Plus Boarding Fee-20.00/Day Plus Boarding Pee-20.00/Day Plus Boarding Pee-20.00/Day $60,00 Phis .50 Surcharge $160.00 Plus .50 Surcharge Erosion Control Bond, Escrow, or Letter of Credit: 1500.00 per acre, $115,00 $0.00 $110.00 $315.00 $185.00 $620.00 PgrIP 1 r,f Appendix A Development, Service, Building, Etc. Fire Daycare inspection Fee Fie Alarm Systems Fire Sprinkler System (Inspection Fee) Fire Sprinkler System (lteinspection Fee) Flood Plain District Delineation Fuel Tank Removal (Underground) Fuel Tank Install Heating N ew Residential Addition to Residential Commercial (New or Addition) Interim Use Permit (IUP) Interim Use Permit (IUP)-Renewal Lawn Sprinklers Liquor Club On Sale Int Off Sale Intoxicating Off -Sale Non -Intoxicating On -Sale Intoxicating On -Sale intoxicating - 2nd Bldg On -Sale Investigation On -Sale N on -Intoxicating On -Sale Sunday Intoxicating Temporary Non -Intoxicating Wine Lot Line Adjustment Manufactured Horne Parks New Move home out of City Move into City Minor Subdivision Moving House or Primary Structure into City Moving Accessory Structure into City • New Construction Plan Review Park Dedication (up to 3 lots) Parking Lots New Commercial Existing Commercial Platting Concept (PUD or OP) Preliminary Plat (and Development Stage) Final Plat (and Final Plan) Plumbing New Residential Addition to Residential Commercial(New or Addition), Private Roads (permitted only in AG 'Zone) Restrictive Soils and. Wetland Restoration Protection and Preservation Permit Right -of -Way Permits Annual Registration (1415.05 Suhd.1) 'Excavation (1415.11 Subd. 1) Each Additional Excavation '.1" reach Fee (boring or open cut) Overhead Installation Fee New Subdivisions (Alternate to per foot fee) Street Obstruction Fee (1415.11 (Sub 2,) Permit Extension Delay Penalty 2009 $53.00 $55.00 $105.00 New $775,00 $55.00 $130.00 $55.00 Minimum $155.00 or 1% of total job $1,000.00 $1,000.00 . $113:00 $100.00 per year $200.00 per year $150.00 per year $1500.00 per year New $350.00 $100.00 per year $200.00 per year $25.00 per event $300.00 per year $310.00 $1,050.00 $55.00 $105.00 $980.00 $515.00 $300.00 2010 $60.00 $60.00 2% of value of work $50.00 $500.00 $80.00 2% of value of work $135.00 $60,00 Minimum $160.00 or 1% of total job $1,050.00 $300,00 $120.00 $100.00 per year $200.00 per year $150.00 per year $1500.00 per year $750.00 per year $350,00 $100.00 per year $200,00 per year $25.00 per event $300.00 per year $310.00 $1,075.00 $60.00 $110.00 $520.00 $305.00 Per 1997 UBC (65°/0 Per 1997 UBC (65% $3600.00 for each $3600,00 for each $155.00 $80.00 $1,220.00 $1,810.00 $1,220.00 $130.00 $55.00 Minimum $155.00 or 1% of total job $105.00 $775.00 $80.00 $230.00 $37.00 .55 per foot .55 per foot 65.00 per lot per utility $80.00 $80.00 15.00 per day $160.00 $85.00 $1,220.00 $10,810.00 $1,220,00 $135.00 $60.00 Minimum $160.00 or 1% of total job $110,00 $800,00 $80.00 . $230.00 $37.00 .55 per foot .55 per foot 65.00 per lot per utility $80.00 $80.00 15.00 per day Escrow or Additional Charge Plus .50 Surcharge Plus 1% of Value Miniumwn $100.00 Plus .50 Surcharge Miniumum $100.00 Plus ,50 Surcharge Plus .50 Surcharge Plus minimum .50 Surcharge Plus .50 Surcharge Plus 2500.00 Escrow Plus .50 Surcharge Plus .50 Surcharge Plus bond with amount to be determined by City wirecornmendidirdt from Building Official Plus Esercrw to be determined by the City w/recommendation from Building Official Four or more lots per Section 400 Formula Plus .50 Surcharge Plus .50 Surcharge Plus 2.5% Administrative Pee Development Agreement Plus .50 Surcharge Plus .50 Surcharge Plus minimum .50 Surcharge Plus .50 Surcharge 1500.00 escrow Ch. Development, Service, Building, Etc. Sewage Disposal On -Site Septic Systems New Alterations or Repairs Sewer Availability Charge (SAC) Sewer Wetland Treatment Hookup to Existing System Alteration/Repair 201 Off -Site Maintenance Fee Signs Permanent Signs Temporary Signs Temporary Renewal Site Plan Review (Chapter 520) Street Cleaning Erosion Control Escrow Re -inspection Processing Fee Surface Water 40' Residential Non -Residential (commercial, ag., etc.) Tennis Courts Vacations (Streets or Easements) Easements Streets Variance . Video Reproduction Water Residential - Quarterly Rate Plus Rate Per 1000 Gallons 0-15,000 Gallons 15,001 - 30,000 Gallons 30,001 - 50,000 Gallons 50,001 - 80,000 Gallons 80,001+Gallons Commercial - Quarterly Rate 0-15,000 Gallons 15,001 -30,000 Gallons 30,001 - 50,000 Gallons 50,001 - 80,000 Gallons 80,001+Gallons All Connection Permits Meters, MIU & Meter Installation Sets Delinquent Accounts Disconnect Service Reconnect Service, Service Call Water Storage Violation Bulk Water from Hydrant 2099 Appendix A 2010 Escrow or Additional Charge $105.00 $110.00 Plus .50 Surcharge $105.00 $110,00 Plus .50 Surcharge $5,250.00 $5,400.00 per SAC .,nil -2100.00 to Met. Connell; 3300.00 to City $4.08 per 1,000 gallons $4.35 per 1,000 gallons $80,00 $55,00 70.00 per unit per quarter $175.00 $70.00 $20.00 $980.00 $2,000.00 $40.00 per hour $35.00 $35.00 Per 1997 UBC $515.00 $515.00 $750.00 $30.00 $85.00 Plus .50 Surcharge $60.00 Plus .50 Surcharge 75.00 per unit per quarter $180.00 Plus .50 Surcharge $75.00 Plus .50 Surcharge $25.00 Phis .50 Surcharge $980.00 $3,000.00 $40,00 per hour $40.00 $40.00 Per 1997 UDC $515.00 $515.00 $750.00 $35.00 $25.00 Base $25.00 Base 2,13 $23.00 Base $3.10 $130.00 $285.00 6% per quarter $80.00 $80.00 $2.10 $2.80 $3.70 $4.90 $6.50 $25.00 Base $3.05 $3.20 $3.70 $4.90 $6.50 $140.00 $300.00 63/4 per quarter $80.00 $80.00 $1.0.00 per day $15.00 per day $55.00 for firm 5,000 $50.00 Inc first 5,000 gallons gallons $95 for first 5,000 gallons $100.00 for first 5,000 Swimming Pool Fill gallons Water Availability Charge (WAC) Existing Structures within Old Village New Development Wind Generator Wireless Communication Permit Zoning Amendment ( Text or Map) " Note - To be 'reviewed iv 2010 1 $800.00 $3,075,00 $825.00 $850.00 $1,245.00 $800.00 $3,900.00 $850.00 $500.00 $1,245.00 Portal to Portal from City Hall. Minimum: Motu 10% of Contractor's Invoice to City Utility Rate Factor per code Plus surcharge $500.00 Escrow $500.00 Escrow Pins 25.00 or 8%, whichever is greater, if certified to County for collection with taxes Plus 3.20 per additional 1000 Gals Plus 3.20 per 1000 Gals & $15.00 per ktbor hour $2000,00 EBCCOW $2000,00 Escrow Pace 3 of 3 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 08-022 AN ORDINANCE SETTING MUNICIPAL FEES FOR CALENDAR YEAR 2010 The Lake Elmo City Council hereby adopts the following fee schedule for calendar year 2009 and directs that it be added to the Lake Elmo Municipal Code as Appendix A. Appendix A — 2010 Fee Schedule ADOPTION DATE: Passed by the Lake Elmo City Council on the 26th day of January, 2010, CITY OF LAKE ELMO By: Dean A Johnston Mayor ATTEST: Bruce A. Messelt City Administrator EFFECTIVE DATE: This Ordinance shall be effective the ' day of , 2010. PUBLICATION DATE: Published on the day of , 2010. i"Th tTh /: rf;. ("*"\ 4 Tr V DATE: 1/1210 CONSENT ITEM #: 4 DIRECTION as part of Consent AGENDA ITEM: Letter of Support for Re -Appointment of Mr. Brian Johnson to the South Washington Watershed District Board SUBMITTED BY: Brett Emmons, Council Member THROUGH: Bruce Messelt, City Administrator REVIEWED BY: Dave Snyder, City Attorney SUMMARY AND ACTION REQUESTED: Council Member Emmons has requested that the City of Lake Elmo consider drafting a letter of support for the rc-appointment of Mr. Brian Johnson to the South Washington Watershed District Board. if this item remains as part of the Consent Agenda, no individual Council action is required to: "Direct the City Administrator to prepare a letter 'OM the City of Lake Elmo acknowledging Mr. Brian Johnson's efforts on behalf of the entire Watershed and supporting his Re -Appointment to the South Washington Ffatershed District Board" CKGROUND INFORMATION.: Mr, Johnson's current appointment to the South 'ashington Watershed Board ends May I, 2010. He has requested consideration for re- appointment to another term. Mr. Johnson resides in Woodbury hut has shown a strong proclivity of looking at the entire Watershed. building unity across the district. and representing the interests of all communities during his tenure on the Board. Of particular interest to Mr. Johnson has been evaluation of alternative watershed collection and transmission systems and water quality throughout the District and its impact on the Mississippi River. STAFF REPORT: This proposed action is within the purview of the City Council's authority and staff finds such action appropriate. should the City Council deem it desirable, pauc 1 — City Council Meeting Letter of Support for Re -Appointment of Mr. Johnson to the SWWD Board January 26th, 2009 Consent Aaenda Item 4 RECOMMENDATION: It is recommended that the City Council approve the suggested action as part of tonight's Consent Agenda. This action would be to: "Direct the City Administrator to prepare a letter from the City of Lake Elmo acknowledging Mr. Brian Johnson's efforts on behalf of the entire Watershed and supporting his Re -Appointment to the South Washington Watershed District Board" Alternatively, the City Council could remove this item for additional discussion and direction, as appropriate. ATTACHMENTS: None SUGGESTED 0 t ER OF BUSINESS (if removed from the Consent Auenda): - Introduction of Item ..... .................... ..... ...... ....... Council Member Emmons - Questions from Council ..... ..........,.......... ......... ......... ..... Mayor Facilitates - Call for Motion ............. ............ ........ ........ .......... . ..... Mayor & City Council - Discussion ..... ...... ....... ........... ...... Mayor & City Council - Action on Motion. ...... ............... ....... ............. ....... .......... ....... Mayor Facilitates paae 2 -- AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: I DATE: 1/26110 REGULAR ITEM: PUBLIC HEARING MOTION: Resolution 2010-003 2010 Street and Water Quality Improvements — Public Improvement Hearing and Resolution No. 2010-003 Ordering Improvement and the Preparation of Plans and Specifications Ryan Stempski, Assistant City Engineer Bruce A Messelt, City Administrator' ,o1 Torn Bouthilet, Finance Director Jack Griffin, City Engineer Mike Bouthilet, Public Works SUMMARY AND ACTION REOUESTED: Pursuant to Minnesota Statutes, Sections 429.011 to 429.111. a Public Improvement Hearing has been noticed for January 26th. 2010 at 7:00 P.M. to consider making improvements to the following street segmients: Jane Road North (from Jamaca Avenue North to the west end for a length of 1.020 feet) • Isle Avenue North (from Jamaca Avenue North to the cul de sac for a length of 1,485 feet) • 53rd Street North (from Keats Avenue North to the western edge of Arabian Hills for a length of 3.135 feet) • 57th Street North (from Julep Way to the western edge of Rolling Hills Estates for a length of 1.115 feet) The City Council is respectfully requested to convene the Public Hearing and, upon completion of the Public Hearing. affirmatively consider taking the following action: "Move to adopt Resolution No. 2(110-003, ordering the identified improvements and the preparation of' Plans and Specifications. /or such, us directed." BACKGROUND INFORMATION: A Feasibility Report for these streets was completed and presented to the City Council at its December 15th, 2010 council meeting. The Report recommends a street reclamation improvement to be completed for isle Avenue North. 53rd page -- City Council Meeting 2010 Street and Water Quality Improvements Public Hearing January 26th. 2010 Regular Agenda Item 5 Street North. and 57th Street North. A full street reconstruction is recommended for Jane Road North since there is insufficient bituminous and aggregate base material in place to perform a reclaim. The Report further recorrunends the replacement of the existing bituminous curb and provides two alternatives for consideration-, replace the existing curb with bituminous curbing. or replace the existing curb with concrete curbing. The estimated total project cost of the improvements, using new bituminous curb is $608.000. The estimated total project cost of the improvements, using new concrete curb is $721.000. The detailed findings of the report will be presented at the meeting and an opportunity for public comment and input will be provided. Should the improvements be ordered, the project will be partially financed through special assessments. More specifically, each benefitting property will be assessed 30% of the total project costs for their respective street. STAFF Rp'ORT: For replacement with new bituminous curb. the Report outlines a proposed assessment of 52,450 for each benefiting property on Jane Road, 52.700 for each benefiting property on Isle Avenue. $3,950 for each benefiting property on 53rd Street, and $5.300 for each benefiting property on 57th Street. For replacement with new concrete curb, the Report outlines a proposed assessment of $2,900 for each benefiting property on Jane Road. S3,150 for each benefiting property on Isle Avenue, S4.700 for each benefiting property on 5.3rd Street, and $6.300 for each benefiting property on 57th Street. The attached notice was published in the official newspaper and individual notifications were sent to each address that potentially will be impacted by these improvements. A Feasibility Report has been completed and adopted by the City Council defining the scope of the proposed improvements together with the estimated project costs. This report is available for review at City Hall. ADDITIONAL INFORMATION.: A resident meeting was held at City Hall 011 December 2nd to promote the installation of rain gardens as part of the street improvements. Educational assistance was provided to the residents and questions were answered. Approximately 12 properties were represented from the 2010 street improvement area. Resident interest will also be taken through the Public Hearing. A maintenance agreement would need to be signed by a resident prior to installation of a rain garden. Following the Public Hearing, a final count of interested properties will he determined and a funding application will be prepared and submitted through the VBWD Community Grant Protuam. Up to 50% of the water quality improvement costs are grant eligible. The remaining costs would he funded through the City's storm water utility fund. pag City Council Meeting 2010 Street and Water Quality Improvements Public Hearing January 26th, 2010 Regular Agenda Item # 5 RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council adopt Resolution No. 2010-003, Ordering the Improvements and the preparation of Plans and Specifications for the 2010 Street and Water Quality Improvements. Please note that because this project was initiated by the City Council, and not by a resident petition, the improvements must be ordered by a 4/5th majority of the City Council by undertaking the following action: "Move to adopt Resolution No. 2010-003, ordering the identified Improvements and the preparation of Plans and Specifications for such, as directed." Alternatively, the City Council may choose not to order all or a portion or all of the proposed improvements. ATTACHMENTS: 1. Resolution No. 10-003 2. Notice of Public Hearing SUGGESTED ORDER OF BUSINESS: Introduction of Item .............. ....... .......... ....... ...... ........ City Administrator Report/Presentation Ryan Stempski, Assistant City Engineer Questions from Council to Staff ...,....... .................... ........ Mayor Facilitates Opening of Public Heating Mayor Facilitates Conduct of Public Hearing Mayor Facilitates Closing of Public Hearing ........... ..... ,.............. ............. , ..... „Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates -- page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2010-003 A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2010 STREET AND WATER QUALITY IMPROVEMENTS WHEREAS, pursuant a resolution of the City Council adopted the 15th day of December, 2009, the Council ordered a hearing on Improvement for the 2010 Street and Water Quality Improvements, and WHEREAS, ten days' mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 26th day of January, 2010, at which all persons desiring to be heard will he given the opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED, Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Feasibility Report. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted the 26th day of January, 2010. 3. TKDA is hereby designated as the engineer for- this improvement. The engineer shall prepare Plans and Specifications ,for the making of such improvement, replacing the existing bituminous curb with new [bituminous] or [concrete] curb. 4. The City Council declares its official intent to reimburse itself for the costs qf the improvement rOm the proceeds of a tax exempt bond. Date; , 2010CITY OF LAKE ELMO By: ATTEST: Bruce A. Messelt City Administrator Dean A. Johnston Mayor Resolution No. 2010-003 CITY OF LAKE ELMO NOTICE OF HEARING 2010 STREET AND WATER QUALITY IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the council chambers of the city hall at or approximately after 7:00 P.M. on Tuesday, January 26, 2010, to consider the making of the following improvements, pursuant to Minnesota Statutes, Sections 429.011 to 429.111; The improvement of the city streets including Jane Road North (0.57 miles), Isle Avenue North (0.28 miles), 53" Street North (0.59 miles), and 57th Street North (0.21 miles) will consist of reclaiming and reconstructing the existing road and providing a new bituminous surface in the current location and grade. The area proposed to be assessed for these improvements include properties abutting the above referenced streets or properties that gain access to their property from the above referenced streets. The estimated total cost of the street improvements is $608,000 if the streets are replaced with new bituminous curb. The estimated total cost of the street improvements is $721,000 if the streets are replaced with new concrete curb and gutter. A reasonable estimate of the impact of the assessment to each property will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvements will be heard at this meeting. DATED: December 15, 2009 BY ORDER OF THE LAKE ELMO CITY COUNCIL Dean Johnston, Mayor (Published in the Oakdale -Lake Elmo Review on Januaiy 13, 2010 and January 20, 2010) LAKE EL AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: • 1 C 1-; "11 1\ t' DATE: 1/26/10 REGULAR ITEM # 6 MOTION Ordinance 2008-13 Resolution 2010-004 Update to the Lake Elmo Floodplain Management Ordinance: Final Adoption with DNR Revisions Kyle Klatt, Planning Director Bruce Messelt. City Administrator' Planning Commission Minnesota Department of Natural Resources SUMMARY AND ACTION QUESTED: The City Council is being asked to adopt Ordinance No, 2008-23 which rescinds the existing Floodplain Management Ordinance (Chapter 152 of the City Code) and replaces this ordinance with a new one. based upon the model prepared by the Minnesota Department of Natural Resources. In addition to the attached Ordinance adopting the new Floodplain Management Ordinance. the Council is also being asked to consider a resolution authorizing summary publication of this ordinance. given the large size of the document. The recommended two (2) motions to act on this are as follows: "Move to adopt Ordinance 2008-023 rescinding Chapter 152 of the City Code, Floodplain Management and replacing this chapter with a new ordinance that incorporates the revised Flood Insurance Rate Maps for the community all revisions required under the National Flood insurance Program." "Move to adopt Resolution No. 201(1-004 authorizing summau publication of Ordinance 2008-023." BACKGROUND INFORMATION: The primary driving factors behind the proposed Ordinance revisions is the preparation of a new Flood Insurance Study for Washincion County and the adoption of a revised Flood insurance Rate Map for the county„ The Citv must adopt -- pave 1 -- City Council Meeting Update to the Lake Elmo Floodplain Management Ordinance January 26th, 2010 Regular Agenda Item ,t 6 these new maps as part of its floodplain management regulations, in addition to incorporating other amendments required by the Federal Emergency Management Agency (FEMA). in order to maintain its current status under the National Flood Insurance Program. PLANNING COMMISSION REPORT: The Planning Commission previously conducted a public hearing concerning the proposed update to the Floodplain Management Ordinance (Chapter 152 of the City Code) and recommended approval of a new ordinance that more closely aligns with the model ordinance drafted by the Minnesota Department of Natural Resources (DNR). This ordinance was sent to the DNR for review and comment in accordance with State Statues, and the City has received a response back from the DNR concerning the draft regulations. A summary of these comments is provided below. Given the relatively minor nature of the requested changes. Staff recominended that the Planning Commission accept the revisions as drafted by the DNR and recommend formal adoption of the new Floodplain Management Ordinance by the City Council. Based on an opinion rendered by the City Attorney, the City will not need to conduct another public hearing prior to adoption of the ordinance. The DNR comments have previously been summarized for the City Council and this summary is copied again for Council consideration: Page Section Comment 1 152.02 (2.2) Minor revisions to provide a more specific reference to the maps that are adopted by reference. City official responsible for maps is changed to the City Administrator, 152,02 (2.87) Added correct title for FIS maps 7 152,04 (4.45) DNR COMMENT: The ratio of 1-inch per 1-sq_ft. is for the total openings, not each opening. Page Section This change would amend the Planning Commission's recommendation to apply the maximum area calculation to each opening. The DNR's comment clarifies the intent of this section. Comment 16 152.10 (10.35) DNR COMMENT: Verify that the City code specifies a timeline. The section referenced in the draft ordinance required action within 60 days unless otherwise extended pursuant to state rules, 16 152.10 (10.37) DNR COMMENT: FEMA requires that the dollar amounts be specified. Please do not delete. The Planning Commission did not recommend inclusion of specific dollar amounts. The City should reconsider its original position based on the FEMA requirements. -- pale 2 -- City Council Meeting Update to the Lake Elmo Floodplain Management Ordinance January 26th, 2010 Regular Agenda Item # 6 17 152.10 (10.42) DNR COMMENT: Verify that the city code includes a time fine. The section referenced in the draft ordinance includes a specific maximumtime frame for Planning Commission review and Council action on Conditional Use Permits (i.e. the Council must take action within 60 days of receiving the Planning Commission's report). 18 152.10 (10.45) DNR COMMENT: In this included somewhere else in the City Code? Please verify. Since this falls under the requirements for Conditional Uses, it would be subject to the time limits established in the Zoning Ordinance and already referenced earlier in this section (please note that the DNR will be provided with the appropriate reference and time limits as part of the City's final submission) The Planning Commission asked for clarification on one of the changes that were requested, but otherwise expressed no concerns regarding any of the DNR's revisions. The Planning Commission unanimously recommended approval of the draft ordinance as presented. STAFF REPORT: Staff has not provided the Council with another marked version of the proposed Ordinance; however, other than the minor DNR comments listed above, there have been no other changes made to the draft previously submitted to the Council for review. Other comments from Staff include the following: The public hearing for the proposed ordinance was conducted by the Planning Commission on October 26, 2009 and continued until the November 9, 2009 meeting. Since the revised flood maps cover the entire City, it is not possible to provide the City Council with a map large enough to depict the City on a discernable scale. Staff will bring the revised Floodplain maps to the meeting. RECOMMENDATION: Based upon the above background information and Planning Commission recommendation, it is recommended that the City Council adopt the revised Floodplain Management Ordinance by undertaking the following two (2) actions: "Move to adopt Ordinance 2008-023 rescinding Chapter 152 of the City Code, Floodplain Management and replacing this chapter with a new ordinance that incorporates the revised Flood Insurance Rate Maps for the community and that incorporates all revisions required under the National Flood Insurance Program." "Move to adopt Resolution No. 2010-004 authorizing summary publication of Ordinance 2008-023." -- page 3 -- City Council Meeting Update to the Lake Elmo Floodplain Management Ordinance January 26th, 2010 Regular Agenda Item # 6 ATTACHMENTS: I. Ordinance 2008-023: Revised Floodplain Management Ordinance 2. Resolution No. 2010-004: Authorizing Summary Publication of Ord. 2008-023 SUGGESTED ORDER OF BUSINESS: Introduction of Item ......... . ............. ...................... ..... ............ City Administrator Report/Presentation Planning Director Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate ...... ......................... Mayor Facilitates Call for Motions Mayor & City Council Discussion Mayor & City Council Action on Motions ....................... .............,................... .......... Mayor Facilitates page 4 — CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-023 AN ORDINANCE REPEALING THE EXISTING FLOODPLAIN MANAGEMENT ORDINANCE AND ADOPTING NEW FLOODPLAIN MAPS AND REGULATIONS IN THE CITY OF LAKE ELMO SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Defmitions to read as follows: EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of I fieweFy-floodwav boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportional share of flood flows. FLOOD. A temporary increase in the flow or stage of a stream or in the state -stage of a wetland or lake that results in the inundation of normally dry areas. FLOOD FRINGE. The portion of the flood plain outside the floodway. FLOOD FRINGE is synonymous with the term "floodway fringe" used in the flood insurance study for the eityWashinaton County. Minnesota and Incorporated Areas. FLOOD PLAIN. The beds proper and the areas adjoining a wetland, lake, or water course which have been or hereafter may be covered by the regional 100 year flood. STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, signs, recreation vehicles not meetin2 the exemption criteria specified in Section 152.09 (C. 1) of the Floodplain IVIanauement Ordinance, and other similar items. Ordinance- 08-023 City Council,' 1/26/70. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to eliminate existing definitions as follows: RECREATION VEHICLE. Any vehicle or structure designed and used for temporary, seasonal human living quarters which meet all of the following qualifications: (1) Is not used as the permanent residence of the owner or occupant; (2) Is used for temporary living quarters by the owner or occupant while engaged in recreational or vacation activities; (3) Is towed or self-propelled on public streets or highways incidental to the recreational or vacation activities; and (4) Examples of vehicles include van campers, tent camping trailers, self-contained travel trailers, pickup campers, camping buses, and self-contained self-propelled truck chassis mounted vehicles providing living accommodations, SECTION 3. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to add the following definitions in alphabetical order with the already existing definitions: LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement), An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor. RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent' dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this Ordinance, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT. Within any consecutive 365-day period, any reconstruction, rehabilitation (including noinial maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. 2 Ordinance: 08-023 Ciry Coorwilt 1/26/10, (2) Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this Ordinance, "historic structure" shall be as defined in 44 Code of Federal Regulations, Part 59.1. SECTION 4. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 152: Floodplain Management, by repealing Chapter 152 of the City Code (Sections 152.01 through 152.14) in its entirety. SECTION 5. The City Council of the City of Lake Elmo hereby amends Chapter 152 to add the following language: FLOODPLAIN MANAGEMENT ORDINANCE A Flood insurance Rate Map has been published for the community and the Regulatory Floodway boundary is shown on this map. A separate Flood Boundary and Floodway Map has not been published. § 152.01 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapters 103F and 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City of Lake Elmo of Washington County, Minnesota does ordain as follows: (A) Findings ofFact: (1) The flood hazard areas of Lake Elmo, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adve-rsely affect the public health, safety, and general welfare. (2) Methods Used to Analyze Flood Hazards. This Ordinance is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. (3) National Flood Insurance Program Compliance. This Ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. (B) Statement of Purpose: It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 1.21 by provisions contained herein. Ordinance 0E1-023 City Council: 1/20l10 § 152.02 GENERAL PROVISIONS (A) Lands to Which Ordinance Applies: This Ordinance shall apply to all lands within the jurisdiction of Lake Elmo shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts. (B) Establishment of Official Zoning Map: The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this Ordinance. The attached material shall include the Flood Insurance Study for Washington County, Minnesota And Incorporated Areas and FloodInsurance Rate Map panels therein numbered 27163CO261E, 27163CO262E, 27163CO265E, 27163CO266E, 27163CO267E, 27163CO268E and 27163CO269E, all dated February 3, 2010 and prepared by the Federal Emergency Management Agency. The Official Zoning Map shall be on file in the Offices of the City Administrator. (C) Regulatory Flood Protection Elevation: The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. (D) Interpretation: (1) In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the Governing Body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (2) The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the Community adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program map showing the area within the 100-year floodplain if earlier, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence. (E) Abrogation and Greater Restrictions: It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. 4 Ordinance ()&02,c; City Council; 1;26710, (F) Warning and Disclaimer of Liability: This Ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City of Lake Elmo or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. (G) Severability: If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. (H) Definitions: Unless specifically defined in Section 11.01 of the City Code, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application. (I) Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 152.02 (B) above may include floodplain areas that lie outside of the corporate boundaries of the City at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City after the date of adoption of this ordinance, the newly annexed floodplain lands shall be subject to the provisions of this ordinance immediately upon the date of annexation into the City. § 152.03 ESTABLISHMENT OF ZONING DISTRICTS (A) Districts: (1) Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in Section 152.02 (B). (2) Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe. The Flood Fringe District shall include those areas shown on the Flood Insurance Rate Map as adopted in Section 152.02 (B) as being within Zone AE but being located outside of the floodway. (3) General Flood Plain District, The General Flood Plain District shall include those areas designated as Zone A or Zone AE without a floodway on the Flood Insurance Rate Map adopted in Section 152.02 (B). (B) Compliance: No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this Ordinance. Within the Floodway, Flood Fringe and General Flood Plain Districts, all uses not listed as permitted uses or conditional uses in Sections 152.04, 152.05 and 152.06 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: (1) New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this Ordinance and specifically Section 152.09. 5 Ordinance 08-023 City (.."'0 fillell: 1,176/10 (2) Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Ordinance and specifically Section 152.11. (3) As -built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Ordinance and specifically as stated in Section 152.10 of this Ordinance, § 152.04 FLOODWAY DISTRICT (FW) (A) Permitted Uses: (1) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck fanning, forestry, sod farming, and wild crop harvesting. (2) Industrial -commercial loading areas, parking areas, and airport landing strips. (3) Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. (4) Residential lawns, gardens, parking areas, and play areas. (B) Standards for Floodway Permitted Uses: (1) The use shall have a low flood damage potential. (2) The use shall be permissible in the underlying zoning district. (3) The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. (C) Conditional Uses: (1) Structures accessory to the uses listed in 152.04 (A) above and the uses listed in 152.04 (C; 1-8) below, (2) Extraction and storage of sand, gravel, and other materials. (3) Marinas, boat rentals, docks, piers, wharves, and water control structures associated with said uses. (4) Railroads, streets, bridges, utility transmission lines, and pipelines. C)rciinance 0a-023 CI' , Council: 1PC/10. (5) Storage yards for equipment, machinery, or materials. (6) Placement of fill or construction of fences. (7) Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Section 152.9 (C) of this Ordinance. (8) Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. (D) Standards for Floodway Conditional Uses: (1) All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. (2) All floodway conditional uses shall be subject to the procedures and standards contained in Section 152.10 (D) of this Ordinance. (3) The conditional use shall be permissible in the underlying zoning district. (4) Fill: (a) Fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. (b) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. (c) As an alternative, and consistent with Subsection (b) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on -site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood but only after the Governing Body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the Office of the County Recorder. (5) Accessory Structures: (a) Accessory structures shall not be designed for human habitation. 7 Ordinewcf, 08-023 Cllv CO1111017: 1/26/10 (b) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters: 1. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and 2. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (c) Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code, As an alternative, an accessory structure may be flood proofed to the FP-3 or FP-4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards: 1. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; 2. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed; and 3. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (6) Storage ofMaterials and Equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Governing Body. (7) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 103G. Community -wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. 8 • Ordinance 00-023 City Council: 1/26/W, (8) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. § 152.05 FLOOD FRINGE DISTRICT (FF) (A) Permitted Uses: Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). If no pre-existing, underlying zoning use districts exist, then any residential or non residential structure or use of a structure or land shall be a permitted use in the Flood Fringe District provided such use does not constitute a public nuisance. All permitted uses shall comply with the standards for Flood Fringe District "Permitted -Uses" listed in Section 152.05 (B) and the "Standards for all Flood Fringe Uses" listed in Section 152.05 (E). (B) Standards for Flood Fringe Permitted Uses: (1) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. (2) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be internally flood proofed in accordance with Section 152.04 (D,5,c). (3) The cumulative placement of fill where at any one time in excess of one -thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill is specifically intended to elevate a structure in accordance with Section 152.05 (B,1) of this ordinance. (4) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. (5) The provisions of Section 152.05 (E) of this Ordinance shall apply. (C) Conditional Uses: Any structure that is not elevated on fill or flood proofed in accordance with Section 152.05 (B, 1-2) and or any use of land that does not comply with the standards in Section 152.05 (B, 3-4) shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in Sections 152.05 (D-E) and 152.10 (D) of this Ordinance, (D) Standards for Flood Fringe Conditional Uses: (1) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above -grade, enclosed areas such as 9 Ordinance 00-023 City Council: 7/26/10 crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if: 1) the enclosed area is above -grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above -noted alternative elevation methods are subject to the following additional standards: (a) Design and Cert cation - The structure's design and as -built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (b) Specific Standards for Above -grade, Enclosed Areas - Above -grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: A minimum area of "automatic" openings in the walls where internal flooding is to be used as a flood proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one -foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention"; and "That the enclosed area will be designed of flood resistant materials in accordance with the FP- 3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage". (2) Basements, as defined by Section 11.01 of this Ordinance, shall be subject to the following: (a) Residential basement construction shall not be allowed below the regulatory flood protection elevation. (b) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with Section 152,05 (D, 3) of this Ordinance. (3) All areas of non-residential structures including basements to be placed below the regulatory flood protection elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy, Structures flood proofed to the FP-3 or FP-4 classification shall not be permitted. 10 OrdinanGC 08-023 City Council: 1/26110 (4) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on -site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the Governing Body. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. (5) Storage of Materials and Equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City priofto the placement of any materials or equipment within the flood fringe district. (6) The provisions of Section 152.05 (E) of this Ordinance shall also apply. (E) Standards for All Flood Fringe Uses: (1) All new principal structures must have vehicular access at or above an elevation not more than one (1) foot below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. (2) Commercial Uses - accessory land uses, such as yards, railroad tracks, arid parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four (4) upon occurrence of the regional flood, (3) Manufacturing and Industrial Uses - measures shall be taken to minimize interference with noinial plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 152.05 (E, 2) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. (4) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management 1 1 Ordinance U8-023 Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi - structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (5) Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map, (6) Standards for recreational vehicles are contained in Section 152.09 (C). (7) All manufactured homes must be securely anchored to an adequately anchored 'foundation system that resists flotation., collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over -the -top or frame ties to ground anchors, This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces, § 152.06 GENERAL FLOOD PLAIN DISTRICT (A) Permissible Uses: (1) The uses listed in Section 152.04 (A) of this Ordinance shall be permitted uses. (2) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Section 152.06 (B) below. Section 152.04 shall apply if the proposed use is in the Floodway District and Section 152.05 shall apply if the proposed use is in the Flood Fringe District. (B) Procedures for Floodway and Flood Fringe Determinations Within the General Flood Plain District. (1) Upon receipt of an application for a permit or other approval within the General Flood Plain District, the applicant shall be required to furnish such of the following information, as is deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the Floodway or Flood Fringe District. (a) A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross -sectional areas to be occupied by the proposed development, and high water infoiiiiation. (b) Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets. and soil types. ) Photographs showing existing land uses, vegetation upstream and downstream, 12 Ordinar;ce 08-02:3 Council: 1/26/10. (d) Documentation of soil types and soil limitations on the subject site. (e) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. (2) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist and watershed district prior to commencing the analysis. The designated engineer or expert shall: (a) Estimate the peak discharge of the regional flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than .5' shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. For the mapped lake and wetland basins within the City of Lake Elmo as shown on the Flood Insurance Rate Map Panels adopted in Section 152.02 (B) of this Ordinance, the floodway shall be that area of the floodplain below the Ordinary High Water Level, as defined in Minnesota Statute, Section 103G.0005, subd. 14, provided that: 1) compensating flood water storage is provided below the 100-year flood elevation; or 2) a determination is made that any resultant increase in stage to the 100-year flood level due to loss of flood water storage below the 100-year flood level meets the criteria for acceptable stage increase spelled out in this paragraph. (3) The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the City Council. The City Council must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the peiiuit application. The City Council, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the Floodway and Flood Fringe District Boundaries have been determined, the City Council shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of Section 152.04 and 152.05 of this Ordinance. § 152.07 SUBDIVISIONS 1 3 Ordinance 98-023 City Council; 1/26/10, ,(A) Review Criteria: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities, All lots within the flood plain districts shall be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation, All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than one (1) foot below the regulatory flood protection elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. (B) Floodway/Flood Fringe Determinations in the General Flood Plain District: In the General Flood Plain District, applicants shall provide the information required in Section 152,06 (B) of this Ordinance to determine the 100-year flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. (C) Removal ofSpecial Flood Hazard Area Designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMAts requirements incorporate specific fill compaction and side slope protection standards for multi -structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. § 152.08 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES (A) Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. (B) Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Sections 152.04 and 152.05 of this Ordinance. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Limited access roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. (C) On -site Sewage Treatment and Water Supply Systems: Where public utilities are not provided: 1) On -site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement on -site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on -site sewage treatment systems shall be determined to be in compliance with this Section. 14 Ordinance 08-023 (,)tv Council: 1/2(5/10 § 152.09 MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF RECREATIONAL VEHICLES. (A) New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Section 152.07 of this Ordinance. (B) The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Section 152.05 of this Ordinance. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Section 152.05 (E, 1), then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the Governing Body. (1) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. (C) Recreational vehicles that do not meet the exemption criteria specified in Section 152.09 (C, 1) below shall be subject to the provisions of this Ordinance and as specifically spelled out in Sections 152.09 (C, 3-4) below. (1) Exemption - Recreational vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Section 152.09 (C, 2) below and further they meet the following criteria: (a) Have current licenses required for highway use. (b) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it. (c) The recreational vehicle and associated use must be permissible in any pre- existing, underlying zoning use district. (2) Areas Exempted For Placement of Recreational Vehicles: (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium type associations. 15 Ordinance 08-023 City Council,' 1/200 (3) Recreational vehicles exempted in Section 152.09 (C, 1) lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding $500 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then betreated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in Sections 152.04 and 152.05 of this Ordinance. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. (4) New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium, associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: (a) Any new or replacement recreational vehicle will be allowed in the Floodway or Flood Fringe Districts provided said recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with Section 152.05 (E, 1) of this Ordinance. No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100-year or regional flood. (b) All new or replacement recreational vehicles not meeting the criteria of (a) above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of Section 152.10 (D) of the Ordinance. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 year flood, Said plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of Section 152.09 (C, 1, a-b) of this Ordinance will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 152.08 (C) of this Ordinance. § 152.10 ADMINISTRATION (A) Zoning Administrator: A Zoning Administrator or other official designated by the Governing Body shall administer and enforce this Ordinance. If the Zoning Administrator finds a violation of the provisions of this Ordinance the Zoning Administrator shall notify the person responsible for such violation in accordance with the procedures stated in Section 152.12 of the Ordinance. (B) Permit Requirements: (1) Permit Required. A Perrnit issued by the Zoning Administrator in confonnity with the provisions of this Ordinance shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on -site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, 16 Ordinance 0E3-023 City Counci!: 1/26/70 or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. (2) Application for Permit. Application for a permit shall be made to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. (3) State and Federal Permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits. (4) Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this Ordinance. (5) Construction and Use to be as Provided on Applications, Plans, Permits, Variances and Certificates of Zoning Compliance. Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided by Section 152.12 of this Ordinance. (6) Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Ordinance. Flood proofing measures shall be certified by a registered professional engineer or registered architect. (7) Record of First Floor Elevation, The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain, The Zoning Administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed. (8) Notifications for Watercourse Alterations. The Zoning Administrator shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). 17 Ordinance 08-023 City CounciL: 1/26/10 (9) Notification to FEMA When Physical Changes Increase or Decrease the 100-year Flood Elevation. As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. (C) Board ofAdjustment: (1) Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law. (2) Administrative Review. The Board of Adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this Ordinance in accordance with Section 31.10 of the City Code. (3) Variances. The Board of Adjustment may authorize upon appeal in specific cases such relief or variance from the terms of this Ordinance as will not be contrary to the public interest and only when the applicable criteria of Section 154.017 of the City Code is met. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this Ordinance; any other zoning regulations in the City, and in the respective enabling legislation that justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (a) Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (b) Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a detelinination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (4) Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the ZOning Administrator, or an application for a variance, the Board of Adjustment shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by Section 31.01 of the City Code. The Zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. 18 Ordinance Or:-02:.5 Ck C;oorwit: 1/26/10 (5) Decisions. The Board of Adjustment shall arrive at a decision on such appeal or variance in accordance with the procedures prescribed in Section 154.017 of the City Code. In passing upon an appeal, the Board of Adjustment may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the Board of Adjustment may prescribe appropriate conditions and safeguards such as those specified in Section 152.10 (D, 6), which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance punishable under Section 152.12. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (6) Appeals. Appeals from any decision of the Board of Adjustment may be made, and as specified in Section 31.01 of the City Code and also by Minnesota Statutes. (7) Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 on insurance coverage and 2) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. (D) Conditional Uses. Applications for a Conditional Use Permit shall be submitted to the Zoning Administrator in accordance with the procedural requirements of Section 154.018 of the City Code. (1) Hearings. Upon filing with the City an application for a conditional use perrnit, the Zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. (2) Decisions. The In granting a conditional use permit the City shall prescribe appropriate conditions and safeguards, in addition to those specified in Section 152.10 (D, 6), which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this Ordinance punishable under Section 152.12. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (3) Procedures to be followed by the City in passing on Conditional Use Permit Applications Within all Flood Plain Districts. 19 Ordinance 08-923 City Council: 1/26/10 (a) The applicant is required to submit the following information and additional information as deemed necessary by the City Council for determining the suitability of the particular site for the proposed use: 1. Plans drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel; and 2. Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. (b) The Zoning Administrator shall transmit one copy of the information described in subsection (a) to the City Engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (c) Based upon the technical evaluation of the designated engineer or expert, the City shall determine the specific flood hazard at the site and evaluate the suitability of the proposed -use in relation to the flood hazard. (4) Factors Upon Which the Decision of the City Shall Be Based. In passing upon conditional use applications, the City shall consider all relevant factors specified in other sections of this Ordinance, and: (a) The danger to life and property due to increased flood heights or velocities caused by encroachments. (b) The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. (c) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (d) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. community. proposed use. ) The importance of the services provided by the proposed facility to the (f) The requirid lents of the facility for a waterfront location. (g) The availability of alternative locations not subject to flooding for the 20 Ordinance OB-023 City Council: 1/26/10, (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (i) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (j) The safety of access to the property in times of flood for ordinary and emergency vehicles, (k) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site, (1) Such other factors which are relevant to the purposes of this Ordinance. (5) Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this Ordinance, the City shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Flood proofing measures, in accordance with the State Building Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. § 152.11 NONCONFORMING USES (A) A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 11.01 of this Ordinance under "Substantial Improvement", shall be subject to the provisions of Sections 152.11 (A, 1-5) of this Ordinance. (1) No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. (2) Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be 21 Ordinance 06-023 City (.7,o Un c it: 1/26/10, protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in (3) and (6) below. (3) The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of the structure, then the structure must meet the standards of Section 152.04 or 152.05 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. (4) If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this Ordinance. The Assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses that have been discontinued for a period of12 months. (5) If any nonconforming use or structure is substantially damaged., as defined in Section 2.830 of this Ordinance, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The applicable provisions for establishing new uses or new structures in Sections 4.0, 5.0 or 6.0 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. (6) If a substantial improvement occurs, as defined in Section 11.01 of the City Code, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of Section 152.04 or 152.05 of this Ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. § 152.12 PENALTIES FOR VIOLATION (A) Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. (B) Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: (1) In responding to a suspected Ordinance violation, the Zoning Administrator and City may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after -the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty 22 Ordinance 06-023 CftvCounci!:-1/26/10 party. The Community must act in good faith to enforce these official controls and to correct Ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (2) When an Ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible. (3) The Zoning Administrator shall notify the suspected party of the requirements of this Ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the Community. If the construction or development is already completed, then the Zoning Administrator may either: (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an after -the -fact permit/development approval within a specified period of time not to exceed 30-days. (4) If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. § 152.13 AMENDMENTS (A) The flood plain designation on the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. (B) All amendments to this Ordinance, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10-days written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of the Ordinance amendment or technical study under consideration. 23 OrdinartGeCity Coutic;il: 11)6/10. SECTION 6. Effective Date. This ordinance shall become effective immediately upon • adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 7. Adoption Date This Ordinance No. 08-023 was adopted on this 26th day of January 2010, by a vote of Ayes and Nays. Mayor Dean Johnston ATTEST: Bruce Messelt City Administrator This Ordinance No 08-023 was published on the day of , 2010. 24 CITY OF LAKE ELMO RESOLUTION NO. 2010-004 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08-023 BY TITLE AND SUMMARY WHEREAS, the city council of the city of Lake Elmo has adopted Ordinance No. 08-023, an ordinance to regulate signage within the City of Lake Elmo; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes. section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW; THEREFORE, BE IT RESOLVED by the city council of the city of Lake Elmo, that the city administrator shall cause the following summary of Ordinance No. 08-023 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the city of Lake Elmo has adopted Ordinance No. 08-023. The ordinance repeals the existing Floodplain Management Ordinance and adopts a new Ordinance that incorporates the recently updated Flood Insurance Rate Maps for Washington County into the City Code by reference. The revised Floodplain Management Ordinance is based on model regulations prepared by the Minnesota Department of Natural Resources, and includes provisions that establish Floodplain zoning districts and that regulate building, development, and the use of property within these districts. The full text of Ordinance No. 08-023 is available for inspection at Lake Elmo City Hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the city of Lake Elmo that the city administrator keep a copy of the ordinance in his office at City Hall for public inspection and that he post a full copy of the ordinance in a public place within the City. Dated: , 2010. Mayor Dean Johnston ATTEST: Bruce Messelt City Administrator fl.0.2112C717,,,TFIESEWIRE.t. !t TY E L. E , r DATE: 1/26/10 REGULAR ITEM , 7 MOTION Resolution 2010-005 AGENDA ITEM: Consideration of City Support for "Complete Streets" Legislation SUBMITTED BY: Ryan Stempski. Assistant City Engineer THROUGH: Bruce Messelt. City Administrator REVIEWED BY: Jack Griffin, City Engineer SUMMARN' AND ACTION REOUESTED: The City Council is being asked to consider adoption of Resolution 201 0-005 supporting efforts to pass legislation relating to creation of a flexible and desirable statewide "Complete Streets" policy and proram. The recommended two (2) motions to act on this are as follows: "Move to adopt Resolution No. 2010-005 supporting efforts to pass legislation relating to creation of a flexible and desirable statewide Complete Streets Program." BACKGROUND INFORMATION: This item has been scheduled at the request of thc City Engineer and the Regional Council of Mayors. Legislative action in support of a healthy. robust and locally -desirable "Complete Streets" program was first launched during the MN/DOT Commissioner's presentation at the Regional Council of Mayors in December. Efforts are underway to generate local government support in time for submission of legislation to the State Legislature by February 1 5. STAFF REPORT: City Engineering staff will be present at tonight's meeting to review the Complete Streets concept with the City Council and community and enter into discussion with and/or answer questions the Council may have regarding thc proposed action. -- page 1 -- Ciry Council Meeting Consideration of City Support for "C'oniplete Streets- Legislation January 20th, 2010 Regular Agenda lien] ;-;' 7 RECOMMENDATION: Based upon the above and attached background information and Engineering staff recommendation, it is recommended that the City Council support the proposed state Legislative efforts by undertaking the following action: "Move to adopt Resolution No. 2010-005 supporting efforts to pass legislation relatin creation of a flexible and desirabk statewide Complete Streets Program." Alternatively, the City Council may elect to not take action tonight, but merely review the attached information and receive the prepared presentation. Sufficient time exists for the City Council to consider future alternative on this proposed topic, or no action at all, at the full discretion of the City Council. ATTACHMENTS: 1. "Background Information- on Complete Streets (provided by the advocating organizations) 2. "Benefits of Complete Streets" (provided by the advocating organizations) 3. Resolution No. 2010-005: Supporting "Complete Streets" Legislation SUGGESTED ORDER OF BUSINESS: Introduction of Item ..... ................... ....... .......................... City Administrator - Report/Presentation ........... .......................... ...... ............ . City Engineer Questions from Council to Staff ........ ..... ........ ...... .......... Mayor Facilitates Public Input. if Appropriate .......... ...... ....... ..... .......... Mayor Facilitates Call for Motions ............... ......... . ...... .............. ......... IVIayor & City Council Discussion ...................... ..... .............. ..... . .......... .............. Mayor & City Council - Action on Motions ...... . ..... ....... ......... ......... ............ Mayor Facilitates page 2 — ATTACHMENT 1 Backaround Related to Comalete Streets, Complete Streets is a flexible transportation planning and design process that considers the safety and accessibility needs of all users. Complete Streets is not a prescriptive roadway design. Individual "complete" street designs vary based on context, including topography, road function, the speed of traffic, pedestrian and bicycle demand, local land use, and other factors, State Senator Tony Lourey (Kerrick) and State Representative Mike Obermueller (Eagan) will introduce Complete Streets legislation during the 2010 legislative session. The Minnesota Department of Transportation (Mn/DOT) is working to create a partnership of state agencies, local governments, and other stakeholders to develop and implement a Mn/DOT policy on Complete Streets, In December 2009, Mn/DOT released a legislatively mandated Complete Streets Report, which includes a recommendation for Mn/DOT to work in partnership with representatives of relevant stakeholders to develop a Complete Streets policy. The report also articulates the important connection between Complete Streets and Context -Sensitive Solutions, which together support building roads that better fit local needs and contexts and help sae rnoney, Mn/DOT Commissioner Thomas Sorel has spoken publicly about the benefits of Complete Streets and his commitment to taking a leadership role on implementation of a Complete Streets policy. Between 1999 and 2008, 417 pedestrians and 84 bicyclists were killed and more than 10,000 pedestrians and more than 9,000 bicyclists were injured on Minnesota's roads, Complete Streets is a national movement with policies adopted by 12 states and more than 100 cities and counties, including Rochester, Hennepin County, St. Paul, and Albert Lea. The Centers for Disease Control and Prevention, Minnesota Department of Health, Blue Cross and Blue Shield of Minnesota, American Heart Association, HealthPartners, and other public health officials in Minnesota and across the country have called for Complete Streets as an important public health tool in fighting the obesity epidemic by supporting exercise as a part of daily life. The Complete Streets concept is also supported by AARP, Urban Land Institute of Minnesota, Minnesota Consortium for Citizens with Disabilities, Minnesota Environmental Partnership, and many other transportation, planning, and public health professionals. The Minnesota Complete Streets Coalition has more than 45 member organizations that support the concept of Complete Streets and a state Complete Streets policy. ATTACHMENT 2 Benefits of Complete Streets Complete Streets improves safety by reducing crashes and injuries and their costs. Complete Streets removes barriers to transportation facilities and services for seniors, children, and people with disabilities, allowing them to lead more active and independent lives. A state Complete Streets policy will give local governments more flexibility to build roads that meet the needs in their community. Complete Streets promotes public health by supporting exercise as a part of daily life. Complete Streets helps avoid costly future retrofits by making sure that we build roads right the first time. Complete Streets supports affordable transportation options for families. Complete Streets reduces congestion by providing safe travel choices that encourage non -motorized transportation options, increasing the overall capacity of the transportation network. Complete Streets supports more pedestrian, bicycle, and transit travel, which helps protect clean air and clean water and reduces our dependence on costly energy sources. Complete Streets promotes economic growth and community stability by providing accessible and efficient connections between home, school, work, recreation, and retail destinations by improving the pedestrian and vehicular environments throughout communities. Complete Streets supports vibrant and walkable neighborhoods that improve quality of life and help build community. For more information: www.mncompletestreets.ora Ethan Fawley, Fresh Energy and the Minnesota Complete Streets Coalition ethan.fawlev(afresh-eneray.ora 651-294-7141 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF 1VIINNESOTA RESOLUTION NO. 2010-005 A RESOLUTION EXPRESSING SUPPORT FOR A STATEWIDE "COMPLETE STREETS" POLICY AND A MINNESOTA DEPARTMENT OF TRANSPORTATION -LED "COMPLETE STREETS" PARTNERSHIP WHEREAS, the "Complete Streets" concept promotes roads that are safe and accessible for all users, including motorists, pedestrians, bicyclists, transit riders and vehicles, commercial and emergency vehicles, and people of all ages and abilities; and WHEREAS, the City Council of the City of Lake Elmo recognizes the importance of safe roads for all users, as shown in its current and previous Comprehensive Plans; no therefore BE IT RESOLVED by the City Council of the City of Lake Elmo That the City Council supports passage of Complete Streets legislation that; • Declares Complete Streets as a policy -of the state to be implemented by MN/DOT through a partnership that includes local governments and other stakeholders, while encouraging but not requiring local governments to implement their own Complete Streets policies; • " Clearly defines Complete Streets as a context -sensitive approach or travel along and across roads that reasonably addresses the safety and accessibility needs of all transportation users regardless of age or ability, including motorists, pedestrians, bicyclists, and commercial and emergency vehicles, and recognizes that needs vary in urban, suburban, and rural settings,. • Offers an evaluation program. where local governments have the option of increased road design flexibility by offering the nationally recognized and engineer -created American Association of State Highway and Transportation Officials A Policy on Geometric Design of Highways and Streets as an acceptable alternative to the State -Aid Standards; and • - Requires MAT/DOT to report back to the legislature on implementation of Complete Streets to ensure transparency and accountability. BE IT FURTHER RESOLVED that the City Council of the City of Lake Elmo supports the efforts of the Minnesota Department of Transportation to work in partnership with local governments and other stakeholders to implement a state Complete Streets policy and affirms its intention to be an active partner with MN/DOT in support of Complete Street opportunities on state roads within its jurisdiction. Date: , 2010CITY OF LAKE ELMO By: ATTEST: Bruce A. Messelt City Administrator Dean A. Johnston Mayor Resolution No, 2010-005