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Home My WebLink About03-07-17 CCMPlissio is to e ,Oira/ity 1)fib/ic Serkes' dl'ikcile.ip .41)/e A taimer Irhele PresciTinp the City's () Sp,hv Chd NOTICE OF MEETING City Council Meeting Tuesday, March 7, 2017 7:00 P.M. City of Lake Elmo I 3800 Laverne Avenue North AGENDA A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Accept Minutes 1. February 21, 2017 D. Public Comments/Inquires E. Presentations Introduction of Finance Director Brian Swanson F. Consent Agenda 2. Approve Payment of Disbursements and Payroll 3. Approve Public Safety Committee Appointment 4. Approve Hiring of Accountant 5. 8200 Hill Trail North Covenant Removal — Resolution 2017-019 6. Authorize Advertising and Hiring of Summer Seasonal Public Works Employees 7. Hammes Estates 2nd Addition Final Plat Extension — Resolution 2017-020 8. Approve SHC Comp Plan Update Agreement , 9. Appoint City Attorney for Prosecution Services Approve Joint Powers Agreement for the East Metro Public Safety Training Facility „„,11. Environmental Committee Appointments 12. Brookfield Lease Amendment G. Regular Agenda a Shoreland Management Overlay District Ordinance Amendment — Ordinctnce 08-166; Resolution 2017-012 14. Human Resources Committee Appointments 15. Planning Commission Membership . 2017-2018 Work Plan II. Council Reports I. Staff Reports and Announcements J. Adjourn CITY OF LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 21, 2017 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meetuzg to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Jill Lundgren and Christine Nelson. ABSENT: Councilmember Justin Bloyer Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning Director Wensman, and City Clerk Johnson. APPROVAL OF AGENDA Item 2, "Approve Payment of Disbursements" and Item 12, "Approve Appointments to Human Resources Committee" were moved to the Regular Agenda. Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO APPROVE THE AGENDA AS AMENDED. MOTION PASSED 4 — 0. ACCEPT MINUTES Minutes of the January 31, 2017 Special Meeting and February 7, 2017 Regular Meeting were accepted as presented. PUBLIC COMMENTS/INOUIRIES Anne Smith, 12135 Marquess Lane North, commented on the Special City Council Meeting held on January 31, 2017. Virginia Pleban, 8245 591h Street North, spoke about respect and civility. PRESENTATIONS None CONSENT AGENDA 3. Accept January 2017 Assessor's Report 4. Accept January 2017 Building Department Report 5. Accept January 2017 Fire Department Report 6. Accept January 2017 Public Works Department Report 7. Approve Inwood Water Tower (No. 4) — Pay Request No. 8 8. Approve Security Reductions: Boulder Ponds 5th Street; Village Preserve 2nd Addition 9. Approve OP-ALT Zoning District Repeal 10. Approve Appointments to Maintenance Advisory Committee 11. Approve Appointments to Public Safety Committee LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 21, 2017 Councilmember Fliflet, seconded by Councilmember Nelson, moved TO APPROVE THE CONSENT AGENDA. MOTION PASSED 4 - O. ITEM 13: Shoreland Management Overlay District Ordinance Amendment Planning Director Wensman presented background information and a brief overview of the proposed changes to the Shoreland Management Overlay District Ordinance. Wensman also reviewed concerns expressed at the Planning Commission Public Hearing. Councilmember Lundgren, seconded by .Mayor Pearson, moved TO APPROVE ORDINANCE 08-166 AMEMDING SECTION 1540.800: SHORELAND MANAGEMENT OVERLAY DISTRICT OF THE ZONING CODE. Motion failed 2 — 2. (Pearson, Nelson — nay) ITEM 14: Zoning Map Amendment and CUP for 3549 Lake Elmo Avenue N. Planning Director Wensman reviewed the history of the property and the request for a zoning map amendment and conditional use permit to allow parking as a principal use on a lot. Councilmember Lundgren, seconded by Councilmember Nelson, moved TO ADOPT ORDINANCE 08-170 APPROVING A ZONING MAP AMENDMENT TO REZONE THE PROPERTY LOCATED AT 3549 LAKE ELMO AVENUE FROM GB —GENERAL BUSINESS TO VMX — VILLAGE MIXED USE. Motion passed 4 — O. Councilmember Nelson, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2017-017 APPROVING A CONDITIONAL USE PERMIT FOR A PARKING FACILITY ON THE PROPERTY LEGALLY DESCRIBED AS "LOT 29 EXCEPT THE SOUTH 40 FEET THEREOF, COUNTY AUDITOR'S PLAT NO. 8, WASHINGTON COUNTY, MN." Motion passed 4 — O. Mayor Pearson, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2017-018 RE -AFFIRMING APPROVAL OF A MINOR SUBDIVISION GRANTED BY RESOLUTION 2013-46. Motion passed 4 — 0. ITEM 2: Aprove Payment of Disbursements Brief discussion was held concerning the preparation of the disbursements. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPROVE PAYMENT OF THE DISBURSEMENTS IN THE AMOUNT OF 5639,243.36. Motion passed 4 — O. ITEM 12: Approve Appointments to the Human Resources Committee Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPROVE THE APPOINTMENT OF JOHN ANDREWS TO THE HUMAN RESOURCES COMMITTEE. Motion passed 4 — O. Page 2 of 3 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 21, 2017 Councilmember Fliflet, seconded by Mayor Pearson, moved TO APPOINT TERESA BERRY TO THE HUMAN RESOURCES COMMITTEE. Motion passed 4 — O. Councilmember Nelson, seconded by Mayor Pearson, moved TO APPOINT MIKE REEVES TO THE HUMAN RESOURCES COMMITTEE. Motion failed 2 — 2. (Fliflet, Lundgren — nay) COUNCIL REPORTS. Mayor Pearson: Attended the Library Board meeting, addressed resident concerns, held a Meet the Mayor event, met with county representatives, and participated in a conference call with a financial services firm. Councilmember Nelson: Attended the Council workshop, thanked county representatives for meeting to discuss mutual issues. Councilmember Lundgren: Met with citizens on various issues. Councilmember Fliflet: Commented on the status of the Finance Department. STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Reported on the plan for continuity in the Finance Department and reported that proposals have been received for prosecution services in response to the RFP issued. City Clerk Johnson: Reminded residents to subscribe to the City's electronic newsletter and Facebook page for timely information. City Attorney Sonsalla: Prepared response to M&I Homes and reviewing contract for financial services. Planning Director Wensman: Working on development review, ordinance updates, comprehensive plan master agreement, and attended a diversity workshop. City Engineer Griffin: Working on the Royal Golf proposal, Hidden Meadows, Wildflower, capital improvement projects, grant request for MN DEED and updating engineering design standards. Meeting adjourned at 8:25 pm. ATTEST: Julie Johnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Page of 3 'FIE (Try or tAKE ELM() AYOR & COUNCIL COM UNICATION DATE: March 7, 2017 CONSENT ITEM #2 MOTION AGENDA ITEM: Approve Disbursements in the amount of $177,157.63 SUBMITTED BY: Brian Swanson, Finance Director THROUGH: Kristina Handt, City Administrator REVIEWED BY: Kristina Handt, City Administrator GESVED ORDER OF USINESS; Introduction of Item... ...... .„.,.,„ . Report/Presentation ...... ... Questions from Council to Staff Call for Motion ...... ................. Discussion ..... . ...... ........ Action on Motion.. ...... ............... POLICY RECOMMENDER: Finance FISCAL IIVIPACT: S177,157.63 ..... ......... ....... .................. City Adin inistrator ... „...„ .......City Administrator ...... ........ ...... ..... . ..... ........ Mayor Facilitates ........... ....... Mayor & City Council ........................ ............. Mayor & City Council ...... ...... ...... Mayor Facilitates SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of S177,157.63. No specific motion is needed as this is recomrnended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA -- page 1 -- City Council Meeting [Consent Agenda Item 2 March 7, 2017 BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # Amount Description ACH S 14,123.37 Payroll Taxes to IRS & MN Dept of Revenue 3/2/17 ACH $ 7,772.79 Payroll Retirement to PERA 3/2/17 ACH 5 1,000.00 Payroll Retirement to MDCP 3/2/17 DD 7782-DD7829 $ 34,907.68 Payroll (Direct Deposits) 3/2/17 45591-45671 $ 119,353.79 Accounts Payable 3/7/17 TOTAL $ 177,157.63 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council approve as part of the Consent Agenda the aforementioned disbursements in the amount of $177,157.63. ATTACHMENTS: Accounts Payable — check registers -- page 2 -- Accounts Pay -able To Be Paid FrooCList User: titian Printed: 02/28/2017 - 3:14 I'N4 Batch: 011-02-2017 Inv Date Lake. Elmo Associates, LL1' LEASSOC March 201 7 03;010017 101-110-1910-44120 Rentals -13oilding March 2017 ToIal: LEASSOC Total: Lake Elmo Associates. LLP Total: ;McCarthy Well Company MCCAR1T1Y 26971 02/15/2017 601-494-9400-43150 Contract Services 26971 Total: NICCARTI1V McCarthy Well Company 'Fetal: 1 TMOBILL 947226(195 02/1112017 601-494-9400-43210 4 elephone 947226095 Total: TMOBI Total: 1 Nlohilc 'Iota!: mount Qoantity Pint Date Description Referetice 2,666.00 0.00 03107/2017 March 2017 Rent 2.666.00 2.666,00 2.666,00 490,00 0.00 113/07/2017 Pump perforn la oce inspec til&4 490.00 490,00 490.00 on - W 21.35 0.00 03/07/2017 February llth Invoice - SCADA Line 21.35 21.35 21.35 Report Total: 3.177.35 - l'o 13e liid ProolLisl 02:28,1 7 - 3:14 F1\41 Task TYPe # Close FOLinv it No WOO No 0000 No (1000 l'atie 1 Accounts Payable Computer Check Proof List 11ser: brian Printed: 02/28/2017 - 6:06 PM Invoice No Description Vendor: R 4DGCONC Building Concepts & Desig 201501289 Rind Esc.-2015-1289 - 9741) Whistling Vly Check Total: Vendor:0 1..C.IPROP 2/6/17 Vendor: ADVG12 196331 196390 Vendot:ANIERiAl. 0114559 VendocAPOLE0 2017-00107 2017-00107 Vendor: L3.111AINLS 8108 Hill Cil,C.1 Properties. I.LC Itclund Escrow - Halcyon Check Total: Advanced Graphix, Inc. Truck equipinent/parts Graphics Package - Unit CV2 Check Total; American Legal Publishing Corp Internet renewal - 3-3-17 to 3-3-18 Check Total: Apollo Ileating & Air Refund surcharge cancelled permit - 2017 Refund cancelled permit - 2017-107 Check Total: 13.1 I kilns Tree removal - 8108 Hill 'frail North Check Total: Vendor: NOITI ITOO Blue Tarp Financial 4042069837 Tools 14142069837 Tools and Equipment Amount Payment Date Acct. Number 5.000.00 03/07/2017 5,000.00 7.715.60 03/07/2017 7.715.60 442.50 220.00 662.50 03/07/2017 03/07/2017 495.00 03/07/2017 495.00 1.00 03/07/2017 60.00 03/07/2017 61.00 200,00 03/07/2017 200.00 74.90 03/07/2017 38.96 03/07/2017 Reference Check Sequence: I 803-000-0000-22900 Check Sequence: 2 803-000-0000-2291(1 Cheek Sequence: 3 101-430-3100-42210 410-480-8000-45500 Check Sequence: 4 101-410-1320-43510 Check Sequence: 5 101-000-0000-2080 I 10 I -000-0000-32210 Check Sequence: 6 101-430-3120-43150 Check Sequence: 7 101-450-5200-42400 601-494-9400-42400 ACII Enabled: No ACII Enabled: No ACH Fnabled: No ACI1 Enal)led: No At..°11. Enabled: No ACI1 Enabled: No ACI1 Fnabled: No Al' - Computer Cheek hoof. List 02/28/2017 - 6:06 PM) Page 1 Invoice No 1Joel-44ton Amount Payment Dale Acct Num her (.'lleek 1 mak 113.36 Vendor: 13(1LIONNI E Bolton & Menk. Inc 019994) 1-94 Lill Station (/1 and Sanitary Sewer Check Total: 7.801,02 03/07/2017 7,801.02 Check Sequence: 8 602-495-9450-43030 Vendor:CINTAS Cinlas Corporation Ii754 Check Sequence; 9 7541694612 Uniforms 159,59 03/07/2017 101-430-3100-44170 7546973414 Uniforms 143.22 03/07/2017 101-43(1-31(10-44170 754699556 Cleaning and mainlenance supplies 104,90 03/07/2017 101-410-1940-44010 Check Total: 407.71 Vendor:CP(0A RDA 201702175567 Vendor:COMPASS 71607232 Vendor: DELIA 681(1235 Citv of Oakdale Tanker I - replace tires Check lotal: Compass Mioerals Road Salt Check Total: Delta Dental Of Minnesota March 2017 Premium Check Total: Vendor: EMERGAPP Emergency Apparatus %lain'. Inc 91175 Tanker 1 repairs. Cheek Total: Vendor: EM FROA UT Emergency Automotive Tcch, Inc 25464 Bracket, switches for new truck Check Total: Vendor: FASTENAL NINOAK17318 NINOAK 17395 Fastemil Company Supplies Supplies (.'heck Total: 178.2)) 03/07/2017 178./0 9.800,56 03/07/2017 9.800.56 1.734,15 03/07/2017 1.734. I 5 3.784,33 03/07/2017 3,784.83 355.00 03/07/2017 355.00 2.46 03/07/20 17 6.35 03/07/2017 8,81 Check Sequence: 10 101-420-2220-44040 Check Sequence: 11 101-430-3125-42290 Check Sequence: 12 101-000-0000-21707 Check Sequence: 13 I (11-420-2220-411040 Check &pence: 14 101-430-3100-44040 Cheek Sequence: 15 1(11-43(1-3100-42150 MI-430-3100-42150 Reference ACI 1 Enabled: No AC11 Fimbled: No ACII Enabled: No ACI I Enahled: No ACI I Enabled: No AC11 Enabled: No AC1117,nahleth No ACII Enabled: No Al' - (-uniputer Cheek Proof List (02/28/2017 - 6:06 PI\11 Ptit,e IliVOiCe NO Vendor:FILLDSST 1933 Vendor:FRANZ 0000161827 Vendor:GREATAM 20181725 Vendor: 1 IDS1 PITY G7651101 G780499 Vendor: I NNOVAT 1N1509041 1N1516336 1N1516336 INI516336 Vendor: INTEISTA 1902701005061 Vendor: KENORAV 135827 135827 135827 135827 1358/7 135827 1358/7 135827 135827 135827 Description Fields ()[St. Croix Mailbox Replacement - 4463 Lily Avc, N. Check Franz Reprographics Inc Print head repairs - Plotter Check "Fotal: Lircat America Financial Copier Ivlaintenance Check Total: LID Supply Waterworks, Ltd. Water meters Water meters Check Total: Innovative Office Solutions ()Mee Supplies 011ice Supplies 0 frice Supplies Office Supplies Check Total: Interstate All Watery Cur leplacenicnt batteries Check Total: Kennedy /( ()raven, Chartered Library Verizon I ,case 31\4 Litigadon Personnel klatlers Zulegar v. City of Lake Elmo Danielson Property Condemnation The Royal Golf Inwood - V Legends Civil matters Amount Payment Do le Aect Number 200.01) 03/07/2017 200.00 774.00 03/07/2017 774.00 436.95 03/07/2017 436,95 393, I 1 03/07/2017 138.80 (13/07/2017 531.91 11.38 03/07/2017 131.43 03/07/2017 92,61 03/07/2017 3.49 03/07/2017 238.91 66.65 03/07/2017 66.65 237.50 03/07/2(117 77.50 U3/07/2017 1.886.37 03/07/2017 5,295.68 03/07/2017 185.00 03/07/2017 703,00 03/07/2017 2.816.50 03/07/2017 347.50 03/07/2017 53.75 03/07/2017 5.562.78 03/07/20 17 Check Sequence: 16 101-430-3125-42/50 Check Sequence: I 7 101-420-2400-44040 Cheek Sequence: IS 101-410-1940-44010 Check Sequence: 19 601-494-9400-12300 601-494-9400-42300 Check Sequence:. 20 101-410-1910-42000 101-410-1320-42000 101-410-1910-42000 101-420-2400-42000 Check Sequence: 2 I 10 1-420-2220-41040 Cheek Sequence: 22 206-450-5300-43040 101-410-1320-43040 101-410-1320-43040 101-410-1320-13040 101-410-1320-43040 101-410-1320-43040 803-000-0000-22910 803-000-0000-22910 803-000-0000-22910 101-410-1320-43010 Reference ACI I Fumbled: No /\ C11 Enabled: No ACI I Enabled: No ACI1 Enabled: No ACI1 Enabled: No ACI I Enabled: No ACII Enabled: No Al' - Computer Check Proof List ( 02/28/2(11 7 - (,:06 PM ) Page 3 Itil nice No Vendor; KERN19111. 2/76/17 VendorKINGI: (12132(117 Description Cheek Total: Phillip Kern City Council Goal Setting W/S - 1-31-17 Cheek Total: I;assidy King Cal.-11er operations - 02-13-17 - 4 hours Check 14-ital: Amount Payment Date Acct Num her Reference 17,160,58 1.200.00 03/07/2017 1.200.011 55.00 03/07/201 7 55,00 Voidor.1(11.EIVIER Kremer Services, LLC 00000418182 Equipment and parts 239.18 03/07/2017 0000018182 Repairs 407,50 (13/07/2017 Check Total: 641,68 Vendor: Landscap LEMOTO 828 Task Order 432 Landscape Architecture, Inc Savona 'fask Order ((28 - Payment 83 Royal Golf Task Order-832 Check Total: 200.00 03/07/2017 475,00 03/07/2017 675.00 Cheek Sequence: 23 101-410-1110-44300 Cheek Sequence: 24 101-410-1450-43620 Check Sequence: 25 101-430-3100-42210 101-430-3100-440410 Check Sequence: 26 803-000-0000-22910 803-000-0000-22910 Vendor: uvicri League ofMN Cities Ins. Trust Check Sequence: 27 10002726 Workcr's Comp. Ittml- 1-16-17 to 1-16-18 1,15(1.31 03/07/2017 603-496-9500-41510 10007726 Worker's Comp. Rnwl - 1-16-17 to 1-16-18 793.65 03/07/2017 101-4120-7400-41510 10002726 Worker's Comp, Rnwl - 1-16-17 to 1-16-18 14,989.65 03/07/2017 101-430-3100-41510 10002726 Workers C0100. Rnwl - 1-16-17 to I - 16-18 3.955.59 03/07/2017 101-450-5200-41510 10002726 Worker's Comp. Rnwl - 1-16-17 to 1-16-18 3.979.62 03/07/7017 601-494-9400-41510 I (1007p6 Worker's Com11. Rnol - 1-16-17 to 1-16-18 2.004.34 03/117/2017 602-495-9450-41510 10007776 Worker's Comp, Rim' - 1-16-17 to 1-16-18 67.37 03/07/2017 101-410-1110-41510 101102776 Worker's Comp. 1th wl - 1-16-17 to 1-16-18 692.50 03/(17/2017 101-110-1320-41510 10007776 Worker's Comp. 111m1 - 1-16-17 to 4-16-18 16.686.53 (13/070017 101-420-2220-41510 10002726 Workers Comp. Rnwl - 1-16-17 to 1-16-18 657,77 03/07/2017 101-410-1910-41510 10007776 Workers Comp. Rnwl - 1-16-17 to 1-16-18 314.67 (13/07/2017 101-410-1520-41510 Check Total: 45.292.00 Vendor: LTLFA LI,S 00059947 IiUle Falls klachine, Streets - Equip. and Parts Cheek Total: 838.52 03/07/2017 838.52 Check Sequence: 28 101-430-3120-42210 ACI1 Litabled: No AC11 Enabled: No AC11 ['wl-fled: No A(.11 [(milled: Ni ACI1 ['ambled: No ACI I Enabled: No - Computer Cheek l'rnol List 02/28/2017 - 6:06 I'M ) Page 4 Invoice No 1)eseription A in nun t linyin en( Iii le A cc t Num be r Reference Vendor: MENA ((DSO 24182. 24217 24217 24359 Rienards - Oakdale 131(1g 1\4nietrauce/Repair Tools and equipment Protective equipment Shop Materials Check Total: 33.61 03/07/7017 119,57 03/07/2017 15,97 03/07/7017 24.02 03/07/2017 193.12 Sequence: 29 101-430-3100-14010 601-494-9400-42400 101-430-3100-44375 101-430-3100-47150 Vendor: M ENARDST Menards - Stillwater Chock Sequenee.: 30 02766 Station 42 restocking 56,41 03/07/2017 101-420-2220-44010 02766 T2 Bulbs 7.98 03/(17/2017 101-420-2220-44040 Check Total: 64,39 Vendor: IVILA1 2/28/17 2/28/17 vo-KkwmovIE 2301378 Vendor: OAK DRC 116500 Minnesota Department of Ilealth Operator S. chool - Rob Weldon Operator School - Rob \Veklnn Cheek- Total: MOVIE LICENSING USA Copyright compliance license Check Total: Oakdale Rental Center Propane Check Total: Vendor: PLUNKEIT Plunkett's Pest Control Inc 5618483 Pest Control - Quarterly Check Total: Vendor 121TC1 111-J (12142(117 Vendor:SAFFFAST INV180176 Toni Ritchie Cable Operations -1)2-1,1-17 - 4 Ito«rs Check Total: Su fe-FasL Inc. First Aid Stations Check Total: Vendor:SO ILUNIKA Sehloinka Services Elk 19538 l'ump !lidding 'tanks- 34-15 Ideal Ave. 275.0(1 03/07/2017 225.00 03/07/2017 500.00 289.00 03/07/2017 289.00 7)1,99 03/07/2017 70.99 128 55 (13/(17/2(117 128,55 55.00 03/07/2017 55.00 155.36 03/07/2017 155.36 245.00 (13/07/2017 Check Sequence: 31 601-494-9400-44370 601-494-9400-44370 Check Sequence: 32 2(16-450-530041330 Check Sequence: 33 101-430-3100-42120 Check Sequence: 34 101-430-3100-44010 Check Sequence: 35 101-410-1450-43620 Check Sequence: 36 101-430-31011-44375 Cheek Sequence: 37 101-430-3100-44010 ACI1 Enabled: No ACII Nnahled: No ACII Enabled: No AC') I Enabled: No ACI I Enabled; No ACI1 Enabled: No Ci I Enabled: No ACI I No AC'I I Enabled: No Al' - Computer Check Proof List (02/28/2017 - 6:06 PIM) Plq.!,e 5 Invoice Nif Venclor:SFLECT/\ C 009811 Description Check Total: S(.1ectAccount Participant Iec - 1-1-17 to 2-28-17 Check IMF& A1111/1111( Pflyillelit Date i‘CO N111111)er Vendor:SITINT Sprint 761950227-167 Cell phone service - Administration 761950227-167 Cell phone service - Fire Dept. 761950227-167 Cell phone service - Building Dept. 76195(1227-167 Cell phone service - Piiblic Works Dept. 761950227-167 Cell phone service - Planning Dept. 76195(1227-167 Cell phone service - Parks Dept. Check Total: VendorS FATE (/1: 8207500132(116M8 Vendor;TENNISR() 17811839 Venclor:TIIKtIrl 0320721 Vendor 4780(16 Vendor:WAS-III NINS000147074 State of i\'IN Depl of Public Ilazardous Chemical Inventory Fee Check Total: Tennis Roll Off. 11.C. 1Alaste Removal - Public Works Check Total: linek Utilities Inc. Parts Check Total: Twin City (.inrage Door Corp, Repairs/Maintenance Check Total: Washington County I lazardous waste disposal Check Total: Vendor: \\IASI ITAX 'Washington County 245.00 25.32 03/07/2(117 75.3? 68.62 03/07/2017 250.91 03/07/2017 231.57 03/07/2017 72,21 03/07/2017 16.73 03107/2017 80.79 (13/(17/2(117 72(483 75,011 03/07/2017 75,00 419.78 03/07/2017 419,78 21.40 U3/07/2017 21.40 600,00 03/07/2017 600.00 149.00 03/07/2017 149.00 113254 2017 FIcetion Lquip. NIaii0, Fees 1,660,00 03/07/2017 Check Sequence: 38 101-41(1-152(1-43150 Check Sequence: 39 101-410-1320-43210 101-420-2220-13210 101-420-2400-43210 101-43(1-3100-43210 )01-410-1910-43210 101-45(1-5200-43210 Check Sequence: 40 101-430-3100-42120 Check Sequence: 4 101-430-3100-43840 Check Sequence: 42 101-430-3120-42210 Check Sequence: 43 101-430-3100-44010 Cheek Sequence: 44 601-494-940(1-44300 Cheek Sequence: 45 101-410-1410-45800 Reference A(211 [Ambled: No ACH Enabled: No ACI1 Enabled: No ACI1 Enabled: No ACI I ['Ambled: No AC11 Enabled: No A CI I Enabled; No ACI I knabled; No - Computer Cheek Proof kis( (02/28/2017 - 6.06 1'1\1) 1' tige 6 Invoice No Description enthu-: \Vhiteani 112712017 Vcador..XCIT Amount Payment Date Ara Number Reference Check Total: 1,660.00 Anita White Cable operations - 2-21-17 - 4 hours Check Total: Neel Lncrgy 3537 Lake Elmo Ave. - Library 30801.ishon Ave. - New Lilt Stalin') 802 Keats Ave, - Pumphouse 10000 Stillwater Lii N. - Sunfish Pk Gale 11009 Stillwater 131vd raflic Lights 11157 Stillwater Blvd - Tra Ike Lights 11210 501h St. - Pumpliouse 998 Inwood - Ira flic Lighls 3585 Laverne - Arts Center 11(162 341h Street - Lift Station 2759 Legion Ave. - Lill Station 3510 Laverne - Fire Station 1 3511 Laverne - Legion Park 11915 Stillwater 131vd. - Traffic Lights 3445 Ideal Ave. - Water Tower 2 10901 Stillwater Rlvcl. -Speed Sign 11 wy 5 3014 Jain ley - Slrcel 4259 Jamaica - Fire Sta(iott 2 3510 Laverne - Tennis Courts 11194 tipper 33rd - Parks B kg. 8170 Lake Jane Tr. - Pebble Park Check Total; Vendor: YAI.EM tall Yale Mechanical 175047 Maintenance 177883 Building repairs Cheek Tolal: Vendor:ZACK 7.ack's. Inc. 31771 Water meter supplies 3177.1 Sewer maintenance Supplies 31771 Tools 31774 Delivery surcharge Check SC[11.WOCC: 46 55,00 03/07/2017 101-410-1450-43620 55.00 Check Sequence: 47 597.77 03/07/2017 206-450-5300-43810 251.75 03/07/2017 6(12-495-9450-4381(1 169.73 03/07/2017 601-494-9400-43810 14,27 03/07/2017 101-150-5200-43810 50.37 03/07/2017 101-130-3160-13810 38.71 03107/2017 101-430-3160-43810 1.431,81 03/07/2017 601-494-9400-43810 41.83 03/07/2017 101-430-3160-43810 155.79 03107/2017 10 1-450-5200-43810 21A I 03/07/2017 607-495-9450-43810 18.43 03/07/2017 602-495-9450-4381(1 564.78 03/07/2017 101-420-220-43810 378.52 03/07/2017 101-45(1-5200-438)0 29.43 03/07/2017 101-430-3160-43810 193,05 03/07/2017 601-494-9400-4381(1 12.97 03/07/2017 101-430-3160-43810 28.39 03/07/2017 101-430-3160-43810 979,30 03/07/2017 101-420-2220-43810 11.74 03/07/2017 101-450-5200-4381(1 133.97 03/07/2017 101-450-5200-43810 23.45 03707/2017 101-450-5200-13810 5.147,47 Check Sequence: -18 460.75 03/07/2017 101-420-2220-4-11)1(1 1.820.25 0.3/07/2017 101-420-2220-44010 1781.00 Check Sequence: 49 28.44 03107/2(117 601-494-9400-12300 39.48 03/07/2017 602-495-9450-42270 48,47 03/07/2017 101-430-3100-12100 1.75 03/07/2017 1(11-430-3100-4240(1 ACI 1 Litabled: No /101 linithled: No AC H F:nableth, No ACI I Litabled: No AI' - Computer Cheek Proof ( 02/28/2017 - 6:06 PI\11 Page 7 In% oice No Description Amount l'aymeni Date Aect Number Itercrence ClIcelc 118,1,1 Total ror Check Run: Total Nunther of checks: 119.353.79 419 Al' - C'onipulcr C1H:c1; ['roof List (01'28/2017 - 6:116 Page S T1 Ir. CUTV (:)1= I AKE E LMO STAFF REPORT DATE: March 7, 2017 CONSENT ITEM #: AGENDA ITEM: Public Safety Committee Appointments SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: Last meeting Councii appointed three members to the Public Safety Committee. Ater packets were distributed, the City received an application from Al Bever that was forwarded to Council. ISSUE BEFORE COUNCIL: Who should the Council appoint to the Public Safety Committee? PROPOSAL: Council members were emailed a copy of the application materials from Al Bever. There would still be one remaining vacancy on the committee after this appointment. FISCAL IMPACT: NA OPTIONS: 1) Appoint Al Bever to the Public Safety Committee 2) Appoint other members to the Public Safety Committee 3) Do not make any appointments to the Public Safety Committee RECOMMENDATION: "Motion to appoint AI Bever to the Public Safety, Committee" ATTACHMENTS: • None Ti IF CITY OF LAKE ELMO STAFF REPORT DATE: March 7, 2017 CONSENT ITEM #: 4 AGENDA ITEM: Hiring Accountant SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: The City advertised for applications for the Accountant position from February 9-23. The week of February 27, staff interviewed applicants, ISSUE BEFORE COUNCIL: Should Amy LaBelle be hired as the Accountant at the terms described below? PROPOSAL DETAILS/ANALYSIS; Staff is recommending the Council hire Amy LaBelle as the Accountant. Staff is further recommending a starting wage of $27.75/hour. Lastly, Ms. LaBelle would begin accruing PTO at the 5-year service level (6.5 hours bi-weekly) on her start date. Ms. LaBelle has over 10 years of experience in the accounting department with St. Paul Park, FISCAL IMPACT: Cost of the position including taxes and benefits for the rest of 2017 is $62,31S.94. The Accountant's wage is split amongst four funds -storm. water (10%), sewer (15%), general fund (25%) and water (50%). OPTIONS: 1) Hire Amy LaBelle as the Accountant at the tenns described above. 2) Offer the job to Ms. LaBelle under different terms 3) Offer position to another candidate 4) Re -advertise the position RECOMMENDATION: If removed from the consent agenda: Motion to hire Amy LaBelle as the Accountant with a starting wage of $27.75/hour and PTO accrual at the 5-year service rate. ATTACHMENTS: None I F. (Iry )t= LAKE ELMO STAFF REPORT DATE: 3/7/20 7 CONSENT ITEM #: 5 TO: City Council FROM: Stephen Wensman, Planning Director AGENDA ITEM: 8200 Hill Trail Restrictive Covenant Repeal REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: On 10/05/L982, the owner of 8200 Hill Trail requested a variance related to lot size, house setbacks, and septic system setbacks to a garage. The variance was approved and a restrictive easement was recorded against the property. The owner, Mr. Sewell, is now considering an addition to his home that would add two additional bedrooms, for a total of 4-bedrooms. The required upgrades to his septic system have been made in advance of the construction per Washington County's requirements. In order for Mr. Sewell to pursue an addition to his home with two additional bedrooms, Mr. Sewell needs the City to remove the restrictive covenant. ISSUE BEFORE THECOMMISSION: The issue before the City Council is a request to remove a restrictive covenant on 8200 Hill Trail. PROPOSAL DETAILS/ANALYSIS: The construction of the original home required several variances pertaining to shoreland setbacks, minimum lot size and septic system setbacks. The original home was proposed as a one bedroom, but the septic system was sized to accommodate a two bedroom home. At the time, the City of Lake Elmo was the permitting authority for septic systems. The variances were approved and a restrictive easement was recorded against the property with the following condition: 3. The residential dwelling to be constructed, reconstructed or maintained on the lot, shall have no more bedrooms than 2. No additional bedrooms shall be allowed on the lot without prior written agreement of the City. The City is no longer the permitting authority for septic systems. The restrictive covenant was drafted to protect the septic system under the City's jurisdiction. The County has approved a septic system for a home with four bedrooms and the septic system improvements have been installed. Staff has not reviewed any building pennit and the extent of the proposed addition is not yet known. Assuming that the proposed additions meet all city requirements, Staff has no objections to the removal of the restrictive covenant. City Council Meeting Consent Item #5 March 7, 2017 Removal of a restrictive covenant requires a majority vote of the City Council. FISCAL IMPACT: None. OPTIONS: The options before the City Council is whether to remove the restrictive covenant or to leave it in place. RECOMMENDATION: Staff recommends, as part of tonight's consent agenda, the adoption of Resolution 2017-019 to remove the restrictive covenant on 8200 Hill Trail. If the Council wishes to remove the agenda item from consent, then Staff recommends the City Council Adopt Resolution 2017-019 with the following motion: "Move to adopt Resolution 2017-019 to remove the restrictive covenant on 8200 hill Trail" ATTACHMENTS: • Resolution 2017-019 Variance Application form from 1982 • Restrictive Covenant for 8200 Hill Trail • Certificate of Compliance for subsurface Sewage System • Original variance application form from 1982 Page 2 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO RESOLUTION NO. 2017-019 A RESOLUTION REMOVING A RESTRICTIVE COVENANT ON 8200 HILL TRAIL, J L COHN SUBDIVISION LOT 5 BLOCK I THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Lake Elmo has received a request to remove a restrictive covenant from a property located at 8200 Hill Trail N., PID# 090.292.123.0005 from David Sewell, 8200 Hill Trail N in order to allow the construct an addition with additional bedrooms; and WHEREAS, on October 5, 1982, several variances were approved permitting the construction of the existing home on 8200 Hill Trail N; and WHEREAS, in 1982, the City of Lake Elmo was the permitting authority for on -site septic systems; and WHEREAS, in order to protect the on -site septic system and the City, a restrictive easement was recorded against the property to protect the septic system; and WHEREAS, the restrictive covenant included a condition such that the residential dwelling to be constructed, reconstructed or maintained on the lot, shall have no more bedrooms than 2. No additional bedrooms shall be allowed on the lot without prior written agreement of the City; and WHEREAS, in 2017, Washington County is the permitting authority for on -site septic systems and the County has approved a new septic design for the property at 8200 Hill Trail N with capacity for a 4-bedroom home. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request for removal of a restrictive covenant is hereby granted in accordance with the property descriptions provided above. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign all documents necessary to effectuate the intent of this resolution. Adopted by the Council this 3rd day of March, 2017. Effective Date: Approved: Mike Pearson, Mayor Attested by: Julie Johnson, City Clerk RESTRICTIVE COVENANT THIS AGREEMENT, made and entered into this 7th day of Octo,,er, 1982, between Dean A. Johnston and Karen S. Johnston, husband and wife, their heirs, successors and assigns, (hereinafter "John ton's") and the City of Lake Elmo (hereinafter "City"); WHEREAS, Johnston's are the owners of the following described real estate, to wit: Lot Five (5), J.L. Cohn Subdivision, according to the plat thereof on file and of record in the office of the County Recorder, for Washington County, Minnesota, (hereinafter "lot"); WHEREAS, Johnston's have applied to the City for certain variances from the Lake Elmo Municipal Code relating to lot size house setback, and setback from ptic system to garage for the lot; WHEREAS, said variances are necessitated by the fact that the lot does not comply with the Lake Elmo Municipal Code if it is to be used for residential purposes as proposed by Johnston's. NOW, THEREFORE, in consideration of the City's granting the necessary variances for purposes of allowing the construction, maintenance and use of a residential dwelling, including garage, on the lot and Johnston's agreeing to the following conditions, it is agreed by the parties hereto as follows: 1. The City grants all variances from the Lake Elmo Municipal Code for the construction, maintenance and use of a residential dwelling, including garage, on the lot/ including, but not necessarily limited to the following: lot size, house setback from the lake, and setback from septic system to garage. These variances shall be perpetual and run with the title to the lot, subJect only to the conditions stated herein. 2, The Johnston's agree to have the septic system on the lot inspected with City supervision at least annually and to demonstrate to the reasonable satisfaction of the City this septic system is functioning according to its design as set fnctb on the September 29, 1982, Site Plan on file witb the City. The inspector chosen by the Johnston's must be approved by the City, Said septic system shall be pumped on required by these annual inspections. Any other corrective work the septic oystem requires shall be done immediately following this annual inspection, All expenses incurred by the Johnston's as a result of these inspections shall be paid by the Johnston's. 3, � The residential dwelling to be constructed, reconstructed or maintained on the loL, shall have no more bedrooms than 2. No additional bedrooms shall be allowed on tbE lot without prior written agreement by the City. 4. The Johnston's shall forever release the City from any and all damages resulting from septic system failure, high water damage, house location or storm water runoff on the lot. 5, The Johnston's and their heirs and assigns agree not to drive over or park at any time on the dcaiofieId area on the lot. _ 2- 6. Notwithstanding any language to the contrary herein, "Johnston's" shall mean and refer only to the then record owner, whether one or more persons or entities, of a fee simple title to the lot, but shall not mean or refer to the mortgagee of such lot Unless or until the mortgagee has acquired title pursuant to foreclosure of said mortgage and the period within which the fee owner may redeem from such foreclosure has terminated. When and if the lot is being sold by the fee owner to a contract vendee who is entitled to possession of the lot, the contract vendee shall be considered the "Johnston's" for purposes qf this agreement. 7. This restrictive covenant may be placed in record with the Washington County Recorder's Cffice as an encumberance against the lot. Dean A. Johnstbn Karen S. Johnston ' STATE OF MINNESOTA COUNTY OF WASHINGTON ) Subscribed and sworn to before re this day of 1982, a notary public in and for said county by Dean A. Johnston and Karen Johnston, husband and wife. 7. . Notary public n cReicez Nc cARy rusuc—mo•NtsorA HENNEPIN COUN1 r c.:.•11mr:31cn exp,res Mot. 30, 1907 CITY OF LAKE ELMO By Maynard.E. Eder, Mayor By itt.WAV a)k-UtT Latirence E. Whittaker City Administrator STATE OF MINNESOTA ) COUNTY OF WASHINGTON ibed and sworn to before me thisday 1982, a notary ublic or said county Mayor a City Administrator y of Lake Elmo. rotary Public / • ' E.01 Real Estate tax due hereon: None X +1..,:t....t5. ^ + 5 , • + , + +. + + • . , , . • .., • + +.,+,...4„+,. .....- EZE:-IS vi,-,,:•-..,:+:riTr)r-: , COUNTY - Exempt...,i 5 -...'' My Cculrnson Expire+.s Feb. 2. 1584 ixV r ' r • 't r ' I • r r-vYyY.-r-rt--, YYYYVYYrIrrv•re This instrument was drafted by Popham, Haik, Schnobrich, Kaufman & Doty, Ltd., 4344 IDS Center, Minneapolis, Minnesota 55402. 1470j 2/6/2017 Washington Cor ertificate of Compliance-html SITFJOWNER INFORMATION Site Address: 8200 Hill Trl N, City Of Lake Elmo Property Owner: Sewell David R & Kristen M SUBSURFACE SEWAGE TREATMENT SYSTEM Property ID#: 0902921230005 Mailing Address: R200 Hill Trl N Mail City/State/ZIP: Lake Elmo Mn 55042 SSTS CONTRACTOR INFORMATION Installation Business: Bill Wolfe Excavating MPCA License #: Certified Individual on Joh: Date of Installation: 01/05/2017 INSPECTION !NFORMATION County Inspector: Christopher W. LeClair REHS Dates of Inspections; 01/05/2017 System Components: Sec as -built for detailed SySIC1Pi component iqfimnativii Well Setbacks: 50 Feet Well Status: Well installed al time of inspection MPCA Registration No. C6836 County Permit No, 2016-01S2 COUNTY VERIFICATION OF SOIL CONDITIONS County Inspector Who Verified Soil Conditions: Sec soil observation logs Tank Replacement Only: Yes Depth of Restriction Inches Depth System Installed Below Grade lnches ...„ . Vertical Separation Provided at the Time of Installation Inches SWF: No Class V Injection Well: No CERTIFIED STATEMENT This certifies that the subsurface sewage treatment system installed at the aforementioned address was inspected during installation and found to be in compliance with requirements of the Washington County Development Code, Chapter Four, Subsurface Sewage Treatment System Regulations (Washington County Ordinance 4179), and Minnesota Rules, Chapter 7080-7083. This Certificate of Compliance is valid for five 15) years from the date of issuance unless Washington County finds evidence of an imminent threat to public health and safety. Supporting documentation with detailed information on the system can be found on the attached as-hnilt. Christopher 1V, LeClair REHS I d233497c9f5h65e7f2641733edf939 I 46e55110540,15arae01,11thd03f6d432a C6836 01/05/2017 County Inspector MPCA Reg. # Da le nie:///ClUsersistephen.wensman/AppDala/Local/MicrosoftNVindows/Temporary%20Internet%20Files/Content.Outlook/TRXX4OVSNVashinglon%2000Unty%20Certificate%20d%20Compliance,html 111 1`)A' f/A )t I r,..+1 CITY Or LAKD 10,Hm IEVELOPMENT APPLICATION 1O4M Ireho c117,J Non Amondirc0L Zoning District Amendment Text Amendment Conditional Use Permit ,‹ Variance Appeals Trailer Park Site & bldg. Plan Review Mining Permits ApplicantOrliAt A j)fIN1 (Name) Owner ()MI,/ A ...701-1 (Name) :;imple lot DiviPion Large Lot Subdiviion Subdivision Sketch Preliminary Final Subdivision Variance Flood Plain Conditional Use Permit, Shoreland Permit 13-71 i/rIN (3.-AgF,d T r/P-4 c (Address) /371 vAik, /7/‘4“ /l4 / (Address) Property location (Street ,",eldress and Legal Descriptio : t),11 Tr, L JL: I or c) s f31. .77 L. C--;3 3, S<, t Planned Unit Development Description and/or Reason for Request (Cite Ordinance Section): (17 A)ei ( Jr: 57 el .5-11:41-14 10 64 "1 33-c-)7 01) qq- (phone) (Y0)153 •(-,74-.,'•7 09 4,1v - (phone) rl- eF/ • U-) (CO I.. 1 d t, A ,• fH" in signing this application, I hereby acknowledge that J- have read and fully ulder— stand the applicable provisions of the Zoning and Suldivision Ordinances and current, administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to addition application expense. iTJ1 z! signature of Applican e Ti IF,: CITY OF LAKE ELMO STAFF REPORT DATE 3/7/2017 CONSENT ITEM #: 6 TO: City Council FROM: Rob Weldon, Public Works Director AGENDA ITEM: Authorize posting and hiring of Public Works Seasonal Employees REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: Each year the City of Lake Ehno hires seasonal employees to supplement the existing Public Works Staff with various semi -skilled tasks throughout the city. ISSUE BEFORE COUNCIL; Should the City Council authorize staff to post and hire up to 4 Seasonal Public Works Employees? PROPOSAL DETAILS/ANALYSIS: The addition of seasonal staff in the Public Works Dept. is paramount to the success and completion of daily tasks and seasonal projects within the city. Seasonal employees typically assist with park mowing, trimming and general maint; assist with asphalt patching and road maint; carry out hydrant painting and numerous other small tasks and projects handled by the Public Works Department. Duration of seasonal staff employment is dependent on weather, work load and budgeted funds/hours. Typically, these employees may begin working in the months of April/May and end employment in September/October. FISCAL IMPACT: As in previous years, wages for these positions are factored into the adopted 2017 budget. Hourly wage will range from $10 - $12/hour depending on qualifications. OPTIONS: - Approve posting and hiring of up to 4 Public Works Seasonal Employees. - Deny posting and hiring of up to 4 Public Works Seasonal Employees. - Table posting and hiring of up to 4 Public Works Seasonal Employees. RECOMMENDATION: Motion to authorize posting and hiring of up to 4 Public Works Seasonal Employees. ATTACHMENTS: Job posting SALARY: OPENING DATE: CLOSING DATE: CITY („)1: LAKE El NO Accepting Applications for the Position of: Public Works Seasonal Employee $10.00/hour starting pay (DOQ) 3/8/2017 until filled Summary Assists full-time staff with performing maintenance duties related to streets, parks, utilities and buildings Position Title: Department: Reports To: FLSA Status: Normal Shift: Public Works Seasonal, Part -Time Public Works Public Works Director (or designee) Non-exempt 7:OOam - 4:30pm M-Th; 7:OOam - 11:OOam F Minimum Requirements The responsibilities listed here are illustrative of the expectations of the position, and not intended to be all inclusive or exclusive. Additional or different responsibilities may develop as the City and Department's needs evolve. The omission of specific statements of duties does not exclude them from. the position if the work is similar, related or a logical assignment to the position. The Job description does not constitute an employment agreement between the employer and employee and is subiect to change by the employer as the needs of the employer. technology,and reauirements ofthelob chanae. Essential Duties & • Assist with general maintenance of the following: o streets, sidewalks and trails, including patching, seal -coating, curb and catch basing repairs. o Parks and city owned properties, including mowing, trimming, landscaping, planting and watering of trees and plants, and emptying waste and recycling containers. o Athletic fields, courts and playground structures o Buildings, including City Hall, Fire Stations, Public Works and park shelters o Performs other duties as may be assigned. Criteria to Qualify for this nositionz • Must be a minimum of 16 years of age. • Must have a valid driver's license. Competencies Common to All City Positions; • Develop, maintain a thorough working knowledge of, and comply with all departmental and applicable City policies and procedures Demonstration by personal example the spirit of service, excellence, and integrity expected from all staff. Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible. Confer regularly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities. • Represent the City of Lake Elmo in a professional manner to the general public, outside contacts and constituencies. Physical and Mental Requirements: Occasionally exertion of force in excess of 50 and/or up to 100 pounds to move objects or equipment accessories is required. Must be able to exert 20-50 pounds of force frequently to move objects. Occasional exposure to caustic material, annoying odor, grease/grime and repetitive movement. **The physical demands described here are representative to those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations con be made to enable individuals with disabilities to perform the essential functions. Working Conditions: Most work is performed in a field environment involving working inside and outside of vehicles and in confined spaces. Seasonal conditions can include excessive heat or cold. Conditions can include working in wet, muddy, slippery or dusty and windy conditions. P11.Pr: This position is generally not responsible for any regular direct supervision of other employees. PLEASE APPLY BY SENDING APPLICATION AND REFERENCES TO: City of Lake Elmo Attn: Julie Johnson, City Clerk 3800 Laverne Avenue North Lake Elmo, MN 55042 or "johnsonPlakeelmo.org PLEASE VISIT OUR WEBSITE AT WVVW.LAKEELMO.OK FOR ADDITIONAL INFORMATION OR CONTACT US AT 651.747.3900 OFFER OF EMPLOYMENT WILL BE CONTINGENT UPON SUCCESSFUL COMPLETION OF A BACKGROUND INVESTIGATION. CITY OF LAKE ELMO IS AN EQUAL OPPORTUNITY EMPLOYER LAKE ELMO Staff Report DATE: 3/7/17 CONSENT ITEM #:7 TO: City Council ITEM: Hammes Estates 2" Addition Final Plat Extension SUBMITTED BY: Stephen Wensman, Planning Director REVIEWED BY: Emily Becker, City Planner BACKGROUND: Hammes Estates 2' Addition received final plat approval by the City Council with the adoption of Resolution 2017-003 on January 3, 2016. Chapter 153.08, Subd. (B)(4) requires the final plat to be recorded within 120 days after approval or it shall be considered void unless a request for extension is submitted by the applicant and approved by the City Council. ISSUE BEFORE COUNCIL: The Council is respectfully requested to consider a request by Rachel Development for a Final Plat Extension for the Hammes 2nd Addition Final Plat. PROPOSAL DETAILS/ANALYSIS: The Hammes 2" Addition final construction plans are approved by the City Engineer, and developer agreement was approved by the City Council and is awaiting execution by the developer. The developer wants to record the plat once the construction of the 1st Addition is about complete, which will likely be late spring, or early summer, weather depending. This would likely put the recording of the plat beyond the 120 days of final plat approval. The developer is requesting an extension to record the final plat to August 15. See attached letter from applicant) and is requesting the final plat be extended through August 15, 2017. FISCAL IMPACT: None. OPTIONS:, The Council may: • Approve the request for Final Plat Extension. • Deny the request for Final Plat Extension. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-020 A RESOLUTION APPROVING AN EXTENSION FOR HAMMES ESTATES 21vD ADDITION FINAL PLAT WHEREAS, the City of Lake Elmo is a municipal coiporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Rachel Development Inc, 4125 Napier Ct NE, St. Michael, MN 55376 (Applicant) has submitted an application to the City of Lake Elmo (City) for a Final Plat for Hammes Estates 2" Addition, a copy of which is on file in the City of Lake Elmo Planning Department; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on May 12, 2014 to consider the Hammes Estates Preliminary Plat and continued discussion on the Preliminary Plat until its June 23, 2014 meeting; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat as part of a memorandum to the City Council for the July 1, 2014 City Council Meeting; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the Preliminary Plat request at its July 1, 2014 meeting and adopted Resolution No. 2014-55 approving the Preliminary Plat; and WHEREAS, the Lake Elmo Planning Commission met on December 12, 2016 to review the Final Plat for Hammes Estates consisting of 37 single-family residential lots; and WHEREAS, on December 12, 2016 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the Final Plat for Hammes Estates 2" Addition with conditions; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the Final Plat for Hammes Estates 2"(lAddition at a meeting held on January 3, 2017; and WHEREAS, on February 13, 2017, the Developer requested an extension to record the final plat until August 15, 2017; and Resolution 2017- NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve an extension for the recording of Hammes Estates 2" Addition, thereby extending the final plat until August 15, 2017. Passed and duly adopted this 7th day of March, 2017 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk Resolution 2017- City Council Meeting 03/07/2017 Consent Agenda Item #7 RECOMMENDATION:. Staff respectfully recommends that the Council approve the requested Final Plat Extension until August 15,2017 as part of tonight's consent agenda, If the Council wishes to remove the agenda item from the consent agenda, then Staff recommends the following motion: "Move to adopt Resolution No. 2017-020 approving the Hammes Estates 2"d Addition Final Plat extension to August 15, 2017" ATTACHMENTS: • Resolution 2017-020 approving the Hammes Estates 2"d Addition final plat extension. • Applicant Letter Page 2 �r*3 4*^'5a'./6 1 4 74150` City ofLake Elmo Attn: Mr. Stephen VVenxman Planning Director 580OLaverne Avenue North Lake Elmo, Minnesota 55042 Re: Hammes Estates 2" — request for extension to file final plat Dear Stephen, Aayou know, the Lake Elmo City Council approved the Hammes Estates 2 maddition final plat on January 3.2O17. Our intention and desire is to file and record the final plat and Developers Agreement for the 2 nd addition at or near the completion of the improvements required under the Hammes Estates 1'5t addition final plat and Developers Agreement, The Hammes 1uimprmvomentowN not be completed until several weeks into the 2017spring/summer construction season. Since the exact timing for phase 1 construction completion is vary much weather dependent and as such cannot be exactly determined, Rachel Development requests some timing flexibility from the City relating to the deadline to record the Hammes 2rd final plat and Developer's Agreement, Although woestimate that we will be ready to proc-eed with the Hammes 2nd improvements around July 15, 2017 we respectfully request an extension of the formal deadline to record the Hammes 2 nd final plat until August 15, 2017. Rachel Development DavidStrad8nan Vice President nfDevelopment T/oF .lTy /wp LA K E ELMO STAFF REPORT D8TE:03/U7/2O]7 CONSENT ITEM #: O MOTION TO: City Council FROM: Stephen Wensman, Planning Director AGENDAITEM: 2040 ComprehensivePlan Update- QBCMaster Sei-vices Agreement and Addendum. REVIEWEDBY: Ki-iodnn }{audt, City Administrator Sarah Sonsalla, City Attomey BACKGROUND: All cities, within the seven -county metropolitan region must prepare acomprehensive plan and update that plan as needed every 10 years. The City's Comprehensive Plan update is due to be submitted to the Metropolitan Council on December 31, 2018. City Staff prepared a Comprehensive Planning Request for Proposal which was approved bythe Council onNovember l5,2A16byconsent. OnJanuary 17,IU17' the City Council approved the hiring ofSH[toassists the City with the 2O4OComprehensive Plan update and toauthorize Staff tonegotiate the contact. Staff met with SHC'negotiated the contract, and is recommending the attached contract for approval, ISSUE BEFORE L: The issue before Council izwhether toapprove the SH[Planning Services Agreement. PROPOSAL D01[AIL86ANALY8X8' The City has established a total project budget of$lO0/]UO for the Comprehensive Plan update as was reflected in the 2017 budget book. The City applied for and received news on 1/11/17 that Living Healthy in Washington County (LHVV[) has chosen Lake Elmo as a partner to receive Health in Comprehensive Planning Partner Project funding in the amount of $15,000 (made available through the Statewide Health Improvement Program (SHIP)). These funds must be used in the Comprehensive Planning process, specifically aoitrelates tocommunity engagement, healthy food access, active living assessment, and plan development that supports active living and/or healthy hood access. The funds are restricted to certain allowable uses (mapping/spatial analysis, consultant time, promotional materials, etc.), must be spent by October 31' 2017' and must be matched by 10% of the total funding requested. Staff met with SHC to refine the public engagement process and to including the Living Healthy grant into the project, included in Addendum 3. The cost for the changes including the costs to complete the Living Healthy aspects of the project add an additional $10,000 to the project, resulting in a Not -to -Exceed amount for comprehensive planning services of $90,000. FISCAL IMPACT: City Council meeting 3/7/2017 Page 2 Consent Item #8 The City has budgeted $100,000 for the comprehensive plan update. The City has received a Washington County Living Healthy grant in the amount of $15,000 to apply to the project. The SHC Master Services Agreement and Addendum for comprehensive planning services including the Living Healthy component for a not to exceed amount of $90,000. OPTIONS: The Council has the following options: 1) To approve the Agreement and Addendum on consent. ) To remove the Agreement and Addendum froin the consent agenda and to recommend changes to the Agreement. 3) To reject the Agreement. RECOMMENDATION: Staff recommends the Council approve the SHC Master Services Agreement and Addendum with the updated project schedule for comprehensive planning services as part of the consent agenda. If the Council removes the item from the consent agenda, then Staff recommends the Council approve the SHC Master Services Agreement and Addendum with the updated project schedule for comprehensive planning services with the following motion: "Move to approve the SHC Muster Services Agreement and Addendum t-.ith the updated project schedule for comprehensive planning services" ATTACHMENTS: • SHC Master Services Agreement • Addendum 3 • Revised schedule MASTER SERVICES AGREEMENT BETWEEN SVVANSONHASKAMPCONSULTING, LLC AND THE CITY OFLAKE ELK4OFOR PLANNING SERVICES RELATED TO THE 2O4OCOMPREHEN|SVEPLAN UPDATE The Agreement [AOreomeot]iomade axo/ 2817and between, the City nfLake Elmo ("CUonf).38OOLaverne Avenue N,Lake Elmo, MN55U42.and Swanson HamkompConsulting, LLC(^SHC").24GAlbert Street S..Suite 2A.St, Paul, MIN551O5.toprovide Professional Planning Services ('Services") by SHC for the 2040 Comprehensive Plan Update project ("Project") as directed by the Client. Description ofServices (Scope of Services) Jennifer Hankamp.President ofSHCshall bothe primary contact and project manager assigned toperform planning and project management services for the Project, SHCresponded to the Client's Request for Proposal nnDecember 22.201Gwhich included adefined scope ofservices, schedule, and budget (hereinafter referred to as "Proposal"), The Proposal is hereby incorporated as Addendum 1, and SHC agrees to perform and complete the work aoidentified within the Proposal. The following summary n(the Project Proposal ixprovided: ° Phase |: Project Initiation, Issue |denhfiuohnn. Background Report, Visioning and Goal Setting w Phase II: Plan Development o Land Use &Housing o Parks 8Trails, Natural Resources o Transportation, Water &Wastewater o Implementation • Phase III: City Review & Adjacent Jurisdictions ° Phase Metropolitan Council Review w PoaoeV� Update DNda| Cnnbn|e (Not included within budget) SHC shall perform the services identified in the Project Proposal and no others unless otherwise agreed to by verbal or written direction, and unless SHCixpaid additional compensation, Standard ofCare. SHC's services shall be performed based on the standard of reasonable professional care for services similar in scope, schedule, and complexity to the services being provided by8HC.All warranties, express mimplied, under the Proposal motherwise, inconnection with SH[oservices are expressly disclaimed. Period of Service This contract shall beeffective through commencement of Phase IV: Metropolitan Council Review, or approximately December 2018, as identified in the Project Proposal, Compensation SHCshall bepaid for the Project per Addendum 1: Proposal, and such services shall not exceed $80.000, Billing rates of the SHCTeam shall be as identified on the attached Addendum 2, Rate Schedule. Client agrees that the not -to -exceed value of this contract correlates directly to the activities idendfiediothe Proposal. Any change orders, additional services and/or modifications to the Proposal may result inadjustments to the budget and such additional charges would be billed per the Rate Schedule included within the Proposal through the duration of this contract Any such changes shall beinwriting and boattached asanAddendum to this Master Services Agreement. Payments are due upon presentation of SHC's invoices, and the Client agrees topay bills within 30days ofreceipt. SHCand the Client shall work together &oestablish the method for reporting and submitting invoices toassist with the ease ofmonthly billing and budget management, Client hereby acknowledges that sufficient funds are currently available, or methods to obtain funds, are assigned to pay for the cost of the Project contemplated by the Agreement. SHChas the right, atits sole discretion, to stop work and withhold work product or Services, if payments have not been received within 30 days of invoicing date, UPayments are not made within 3Qdays, aservice charge n|one (1)percent per month (12% annum), or as permitted by law, will be charged on any unpaid balance.Service charges may hecompounded. If Client fails tomake payments huSHCconsistent with the Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at SHC's option, cause for suspension of performance of the Services under the Agreement, |fSHCelects |osuspend Services, prior to suspension of Services, SHC shall give seven days written notice to Client. In the event of a suspension of Services, SHC shall have no liability to Client for delay or damage caused to Client because of such suspension of Services. Before resuming Services, SHC shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of SHC's services. SHC's fees for the remaining Services and the time schedules shall boequitably adjusted, In the event of termination not the fault of SHC, SHC shall be compensated for Services performed prior to termination, together with reimbursable expenses due. Client's Responsibilities Client shall provide full information in a timely manner regarding requirements for and limitations for successful executionufthaScopeofSamimm. including objectives, schedule, constraints and criteria, requirements and relationships and any other pertinent information that will assist SHCio achieving the expectations of the Client, The Client further agrees to work collaboratively with SHC on the tasks and responsibilities as identified within the Proposal, particularly aoi<relates to the Technical Panel, Advisory Panel ("AP") and Public Participation activities. The Client shall designate a representative authorized to act on the Client's behalf with respectto the Proposal and will serve asthe Project point cd contact throughout the duration ufthis contract, The Client, or such designated representative, shall render decisions in a timely manner pertaining to documents submitted by SHC to avoid unreasonable delay in the orderly and sequential progress of the Proposal. Termination The Agreement may boterminated by either party at any time should the other party fail to perform in accordance with its terms through no fault of the party initiating the termination, Such termination shall boeffective after giving ten days written notice. Client agrees topay SHCfor all Services provided upto the effective date of termination, Miscellaneous Work Product The documents prepared bySHCfor the Project are instruments vfSHC'oservice for use solely with respect 0othe Client and, unless otherwise provided and agreed, SHCshall bmdeemed the author of these documents. All documents shall be the property nfthe Client, and both the Client and SHC shall retain all common law, statutory and other reserved rights, including the copyright. The Client and SHC shall be permitted to retain copies, including reproducible copies, of SHC's documents for the Client's information, reference and use in connection with the Services. Claims and Consequential Damages SHC and Client waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's terminating in accordance with the termination clause. Any claim, dispute mother matter inquestion arising out of or relating tothe Proposal or breach thereof ("Claim")shall beresolved bylitigation in the State or (assuming subject matter jurisdiction) Federal Court located in Washington County, Minnesota. Interpretation and Soverab0ty Each provision ofthis Agreement iuseverable from the others. Should any provision of the Agreement befound invalid munenforceable, such provision shall boineffective only to the extent required by law, without invalidating the remainder of such provision or the remainder of the Agreement Further, to the extent permitted by law, any provision found invalid or unenforceable shall be deemed automatically redrawn to the extent necessary horender itvalid and enforceable, Assignment The Client and SHC, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement, Neither the Client nor SHC shall assign this Agreement without the written consent of the other. Team Relationship The Client and SHCagree towork together on the basis of trust, good faith and fair dealing, and shall take actions reasonably necessary to enable each other to perform this Agreement in a timely, efficient and economical manner, Entire Agreement The terms and conditions set forth herein constitute the entire understanding of the parties relating to the services to be provided by SHC. Only a written instrument signed hyboth parties may amend the Agreement, Governing Law The Agreement shall be construed, interpreted, and enforced in accordance with the laws of the State of Minnesota, excluding its conflict of laws. SHCand Client expressly consent to the exclusive personal jurisdiction and venue of the Minnesota courts for all purposes relating to the Proposal. The parties waive trial by jury, Execution In witness whereof, the parties hereto have made and executed the Agreement as of the day and first above written. CLIENT SVVANSDNHASKAMPCONSULTING, LLC Jennifer Haskamp, President I Principal Printed Narne Date Addendum 3 to Master Services Agreement ("MSA") dated , 2017 Cost and Fee Summary: The Project Proposal Not -to -Exceed value of S8o,000 will accommodate the proposed changes and additional Stakeholder meetings with the allocation of the Health Living Grant as detailed in Sections II and II which follow. The Living Healthy Grant requires additional Services to the Project Proposal to complete. The additional Services are detailed within Section III b and c which follows. The estimate for the additional Services is approximately $8,870 with a not -to -exceed value of $io,000. Total Not -to -Exceed + Addendum 3 = $9o,000 11. Changes to the Proposal The following changes and additions to the Project Proposal, where Project Proposal is defined within the MSA, are summarized below as discussed with City Staff on February 8, 2017: a. All Advisory Panel Meetings will be held in -person, and the scoped Virtual Advisory Panel meetings in the Proposal will be changed to in -person meetings. This result in three (3) additional in -person Advisory Panel meetings, and a cost difference of $600 based on the flat meeting rates defined within the Proposal. b. The City would like to hold in -person stakeholder meetings as part of the public participation process. These meetings were not identified in the Proposal. The following stakeholder groups arc identified: i. Cimarron/FamilyMeans ii. South of loth Street Homeowners Association (HOAs) iii. Church/Faith Groups/Civic Organizations/Schools iv. Rural Residential v. Tri-Lakes Area/Lake Association vi. Village Area/Business Association c. The additional stakeholder meetings result in additional Services totaling approximately $6,340 (includes meeting attendance and meeting preparation) d. Schedule has been amended to reflect additional meetings and is attached to this Addendum. III. Living Healthy Grant Money Allocation a. SHC has reviewed the Living Healthy grant which was received by the City after the Proposal was submitted. Some of the objectives associated with the Living Healthy grant can be accommodated within the existing scope as follows: i. Advisory Panel Meetings (9): $ioo of each meeting billed against the grant ($900) 02/17/2°17 Draft :Addendum #3 to MSA dated , 2017 ii. Staff Meetings (8): $ioo of each meeting billed against the grant ($800) iii. Stakeholder Meetings (6): Sioo of each meeting billed against the grant ($600) iv. Park Commission Meetings (2): $250 of each meeting billed against the grant ($500) b. The Living Healthy Grant details the expectation of going out to the public to solicit information. Staff identified 4-5 events throughout the duration of the Project where SHC and staff would attend to solicit feedback. Attendance and preparation for these events results in additional Services totaling approximately $4,600. c. To incorporate the elements of Living Healthy Grant throughout the document in plan components and mapping results in an additional Services totaling approximately $4,270. 02/17/2017 Draft Addendum #3 to N1SA dated , 2o17 if! , 1 1,1 `-„ 11 S H TI IF. CITY OF I AKE FLMO STAFF REPORT DATE: March 7, 2017 CONSENT ITEM #: 9 AGENDA ITEM: Appoint City Attorney for Prosecution Services SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: At the January 31 Council meeting, Council directed staff to issue a Request for Proposals (RFP) for prosecution services. The RFP was issued January 17th and due February 14. Also at the meeting, Eckberg Lammers was appointed the Interim City Attorney for Prosecution. ISSUE BEFORE COUNCIL: Who should the Council appoint as City Attorney for prosecution services? PROPOSAL: The City received proposals from Ilolstad and Knaak, Lawson Law Firm, Kevin Shoeberg, H.A. Kantrud, Johnson and Turner and (iDO Law. Staff had also reached out to Eckberg Lamrners, the city's current prosecuting attorney. Since Eckberg has been on board for a little over a year, they were able to re-evaluate their proposal from the end of 2015 and offer revised rates based upon their experience working with the city. Because of their rate reduction, similar clients and familiarity with the city, staff is recommending that Eckberg Lammers remain the City's prosecuting attorney. FISCAL IMPACT: The rate reduction from. Eckberg Lammers will reduce the City's cost for prosecution services over the next four years by S11,500. OPTIONS: 1) Appoint Eckberg Lammers as City Attorney for Prosecution 2) Appoint another firm as City Attorney for Prosecution 3) Table decision until applicants are interviewed by Council RECOMMENDATION: If removed from the consent agenda: "Move to appoint Eckberg Lammers as City Attorney for prosecution services" ATTACHMENTS: None TI IF C:ITY OE LAKE ELMO STAFF REPORT DATE: March 7, 2017 CONSENT ITEM #: TO: City Council FROM: Greg Malmquist, Fire Chief AGENDA ITEM: Approval of Joint Powers Agreement for the East Metro Public Safety Training Facility REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: This is our second year as a member of the JPA, which oversees the East Metro Public Safety Training Facility. As a member along with Maplewood. Oakdale and North Saint Paul, we oversee all operations at the faicility and have unlimited use for training. ISSUE BEFORE COUNCIL: Renewal of existing contract due to the cover and signature pages having been reformatted. No other changes. PROPOSAL DETAILS/ANALYSIS: FISCAL IMPACT: $4,200.00 ($200.00 per Firefighter) Annual Fee which will be covered by reimbursement from the MBFTE (Mn Board of Firefighter Training and Education) as well as budgeted training monies for rental of the facility. OPTIONS: RECOMMENDATION: Approve contract. ATTACH.MENTS: Copy of contract JOINT POWERS AGREEMENT EAST METRO PUBLIC SAFETY TRAINING FACILITY THIS JOINT POWERS AGREEMENT (the "Agreement") is made on the clay of 201_, by and among the Cities of Maplewood, North St. Paul, Lake Elmo and the Oakdale Volunteer Fire Department Inc. RECITALS A. Each Member to this Agreement has determined that it is in the best interests of their communities to undertake in a cooperative fashion the operation of a facility in the NORTH EASTERN portion of the Twin Cities metropolitan area to be used for the training of public safety disciplines. B. It is more economical for the Members to jointly and cooperatively construct and operate a public safety training facility than for each Member to constnict and maintain its own facility. C. The Members are authorized pursuant to Minnesota Statutes, Section 471.59, to enter into agreements providing for the joint and cooperative exercise of powers common to them. D. The Members desire to jointly and cooperatively exercise power conunon to them by jointly operating a public safety training facility in accordance with the terms set forth herein. NOW, THEREFORE, in consideration of the mutual understandings and agreements hereafter set forth, the Members agree as follows: ARTICLE I Section 1. Definitions. When used in this Agreement, the following terms shall be defined as follows, unless a different meaning is clearly specified: Association - The term "Association" shall be used to refer to East Metro Public Safety Training. Facility Association which is formed by this Agreement. Board - The term "Board" shall be used to refer to the governing body of this Association. Board Member - The term "Board Member" shall be used to refer to an individual member of the Board, who is appointed in accordance with Article II, Section 2 to represent a Member municipality or public corporation of the Association. Coordinator - The term "Coordinator" shall be used to refer to the person appointed by the Board to manage and coordinate the daily operation of the Facility. 488772v2 MA745-3 Cost Sharing Formula Full JPA membership - By January 1 of each year, each member will provide a department list to the board with the -names of each firefighter for the purpose of determining the number of firefighters per department to he used in the fee calculation. Members will pay based on the number of firefighters in their agency for the year. (see Appendix A for pricing ) Full JPA members will have access to the site 365 day per year, subject to scheduled availability, first priority for site scheduling, and a seat on the "Board" that governs the operation of the facility. Hour Base JPA Members - By January 1 of each year, each Hour Based member will determine the estimated number of training hours to be prepaid for their agency for the upcoming year from the blocks listed. (see Appendix A for hourly blocks and pricing) Hour Based JPA members will have second priority for site scheduling, training provided for an agency Site Manager, and reduced hourly rates based on the number of hours selected. Executive Board - The Executive Board shall be the body that oversees the day-to-day business of the Facility and shall consist of the Appointed Officials of the Board as defined in Article II Section 2 and an additional appointed member representing the City of Maplewood, the underlying landowner. Facility - The term "Facility" shall be used to refer to the East Metro Public Safety Training Facility and shall include all structures, buildings and the grounds associated with the East Metro Public Safety Training Facility. Hazardous Substance - The term "Hazardous Substance" shall be used to refer to any pollutant, contaminant, hazardous substance or waste, solid waste, petroleum product, distillate, or fraction, radioactive material, chemical known to cause cancer or reproductive toxicity, polychlorinated biphenyl or any other chemical, substance or material listed or identified in or regulated by any Environmental Law. Environmental Law refers to the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. 9601 et seq., the Federal Water Pollution Control Act, 33 U.S.C. 1201 et seq., the Clean Water Act, 33 U.S.C. 1321 et seq., the Clean Air Act, 42 U.S.C. 7401 et seq., the Toxic Substances Control Act, 33 U.S.C. 1251 ET SEQ., all as amended from time to time, and any other federal, state, local or other governmental statute, regulation, rule or ordinance dealing with the protection of human health, safety, natural resources or the environment now existing and hereafter enacted. Major Improvement - The term "Major Improvement" shall be used to refer to any addition to or improvement to the Facility designated as a Major Improvement by the Board irrespective of value or any addition to or improvement to the Facility with a value at $50,000 or greater. Member - The term "Member" shall be used to individually refer to a municipal corporation or public corporation that is a party to this Joint Powers Agreement. 2 488772v2 MA745-3 Operating Budget - The term "Operating Budget" shall be used to refer to the annual budget of operating expenses for the Facility, including but not limited to, maintenance and repair of the building and grounds, costs of utilities, maintenance and repair of all equipment associated with the building, supplies and materials associated with the operation of the Facility, personnel expenses associated with the Coordinator and other ordinary business expenses associated with the operation of the Facility, except for Major Improvements. Public Safety Consumables - The term "Public Safety Consumable" refers to propane fuel , liquid smoke used in fire firefighting operations, fire extinguishing material, pallets and straw other than water, used in any firefighting training operation and other unique training supplies declared to be Public Safety Consumables by the Board. Section 2. Plural and Singular References. Unless a contrary intent is clearly demonstrated, a singular reference to a person or entity shall include the plural and a plural reference to persons or entities shall include the singular. Section 3, Counterparts, This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. ARTICLE II Section 1. Formation of Association, The parties to this Agreement form the "East Metro Public Safety Training Facility Association" for the purpose of operating a public safety training facility. Each party shall be a Member of the Association until it terminates or participation is otherwise truncated pursuant to Article III. Section 2. Governance of Association. The Association shall be governed by a Board consisting of one representative from each Member. The Board representative need not be an elected official of any Member of the Association. The Member shall designate an individual to serve as such Member's representative and an alternate representative who shall be entitled to act as the representative of the Member on the Board in the case of the absence or disability of the representative of such Member on the Board. Each representative and their altemate shall serve until a successor is appointed and assumes his or her responsibilities. Board Members and their alternates shall serve at the pleasure of the Member appointing them and any vacancy on the Board shall be filled by the Member whose position on the Board is vacant. 483772v2 MA745-3 Each Board Member shall have one vote. The Board shall act by 3/4 majority vote of the Board Members at a meeting duly called upon 15 days written notice to each Board Member and to the manager or executive director of each Member. Should the membership in the Association decline to three members the 3/4 majority vote required for Board action shall be reduced to a 2/3 majority vote. At least three Board Members must be present to constitute a quorum of the Board. The Board shall meet at least once annually and more often as it deems necessary to perforrn its duties. The Board shall designate one of the Board Members as the Chair and a second as the Vice Chair as well as one to be a Secretary/Treasurer (the Officers of the Board). This designation will be made annually by the Board and the Chair and Vice Chair shall retain their positions until a successor has been designated. All appointed officers must be voting members of the Board. The Chair shall preside at all meetings of the Board and shall perform all duties incident to the office of Chair and such other duties as may be delegated by the Board. The Vice Chair shall act as Chair in the absence of the Chair and the Secretary/Treasurer shall act in the absence of the Vice Chair. A record of all proceedings of the Board shall be maintained by the Secretary/Treasurer and a copy of that record shall be forwarded to each Member. The Chair, Vice Chair and Secretary/Treasurer shall have the authority to sign all documents on behalf of the Association. The Board may establish committees for any purpose related to the business of the Association. The members of a committee need not be members of the Board. Committees are subject at all times to the direction and control of the Board. Section 3. Executive Board - The Executive Board shall be the body that oversees the day-to-day operation of the Facility and shall consist of the Appointed Officials of the Board as defined in Article II Section 2 and an additional appointed member representing the City of Maplewood, the underlying landowner. If a member of the Executive Board is also the Maplewood Representative to the Association, the additional appointment is not necessary for so long as Maplewood's interests are directly represented on the Executive Board. Section 4. Operating Committee. There shall be appointed by the Board an Operating Committee, consisting of a fire training officer for each Member which is a fire fighter participant. The Operating Committee shall be responsible for identifying training needs, working with the Coordinator to schedule curricula and training sessions, insuring proper supplies, coordinating the maintenance of the Facility, and developing an Operating Budget for submission to the Board for approval. The Operating Committee will be responsible for the development of the operating policy for the Facility and shall forward recommendations with respect to the Facility to the Board as appropriate. Section 5. Fiscal Matters. The Board shall designate one of the Members to act as, "Fiscal Agent" for the Associatioh The Fiscal Agent shall have custody of the Association's funds, shall pay its bills, 4 48S772v2 MA745-3 shall keep its financial records, and generally conduct the financial affairs of the Association. The Fiscal Agent shall be responsible for such other matters as shall be delegated to it by the Board. The City of Maplewood is hereby appointed as Fiscal Agent until such time as a successor fiscal agent is appointed by the Board. Any Member may inspect and copy the Association's books and records at any and all reasonable times. All books and records of the Association shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota cities. The Fiscal Agent shall prepare annual financial statements of the Association. A copy of such annual financial statements shall be distributed to each of the Members. Section 5, Operating Budget. On or before May 1 of each year, the Board shall prepare and approve a budget for the operation of the Facility for the next calendar year. A copy of the operating budget and a breakdown of each Member's share of the operating cost, using the Cost Sharing Formula, shall be forwarded to each Member by May 15. Each Member shall be responsible for the payment of their share of the operating costs of the Facility. All member fees will be paid by January 15 of each year. If fees are not paid within thirty (30) days, a late fee of onc percent (I%) will be assessed to the member department. Fee payments not made within ninety (90) days will come before the board for action. Failure of a Member to pay its proportional share of the operating costs, or additional expenses unanimously approved by the Board shall be grounds for removal of the Member from the Association. To the extent possible, expenses that are exclusively related to one public safety vocation (police or fire) shall be stated separately with the assessment allocated to Members who are participating members for that vocation, including Public Safety Consumables which shall be stated separately and assessed against the Member actually using those items. Section 6. Facility Coordinator. A person shall be appointed by the Board to act as the Coordinator for the Facility. The Coordinator shall be an employee of one of the Members and the Member employing the Coordinator shall be entitled to reimbursement of wages, benefits and other payroll related expenses under guidelines established by the Board. The Coordinator shall be responsible for the day to day operation and maintenance of the Facility and other responsibilities as assigned by the Board. The Coordinator shall be responsible for managing rental agreements from any non - Member public safety agency which desires to utilize the Facility for training purposes. Section 7. Major Improvements. If recommended by the Operations Committee and approved by the Board in advance and ratified by the governing body of each of the Members, the costs of all major capital additions arid improvements to the Facility shall be assessed against each Member based upon the Cost Sharing Formula. Where a Major Improvement is only related to one public safety vocation 5 488772v2 NLA745-3 (police or fire), the costs shall only be allocated against the participating Members for that vocation. Section 8. Liability and Insurance. The East Metro Public Safety Training Facility Association is a separate and distinct public entity to which the parties have transferred all responsibility and control for actions taken pursuant to this Agreement. The East Metro Public Safety Training Facility Association shall defend and indemnify the parties, and their officers, employees, and volunteers, from and against all claims, darnages, losses, and expenses, including attorney fees, arising out the acts or omissions of the Joint Powers Board in carrying out the terms of this Agreement. This Agreement does not constitute a waiver on the limitations of liability set forth in Mirmesota Statutes, Section 466.04. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any member for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. To the fullest extent permitted by law, action by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. la(a), provide further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of another party. The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties. Any excess or uninsured liability shall be borne equally by all the members, but this does not include the liability of any individual officer, employee, or volunteer which arises from his or her own malfeasance, willful neglect of duty, or bad faith. The Association shall purchase insurance in forms and amounts to adequately protect its insurable interests in the value of the Facility and all other property of the Association against perils of fire, theft, vandalism and Acts of God, and to protect the financial interests of the Association, the Members and their agents and employees, against all claims or lawsuits, including expenses and attorney fees, arising from the ownership, design, operation, and maintenance of the Facility. The policy limits, terms and conditions shall be acceptable to each Member. Costs of insurance shall be included in the Operating Budget. The Board shall continually assess the need for other policies of insurance deemed necessary and appropriate by the Board to protect the property of Association, to protect the Association from claims and to protect the Members of the Association from any claims that 6 488772v2 MA745-3 might be made against them by virtue of their participation in the Association and operation of the Facility. Section 9. Facility Use. Each Member shall be entitled to use of the Facility subject to advance scheduling through the Coordinator under the rules and guidelines established by the Operating Committee. Section 10. Use By Other Public Safety Anencies. The Board may establish guidelines and policies for use of the Facility by other non - Member public safety agencies for a rental fee. The Coordinator shall implement the guidelines for use of the Facility and shall be in charge of scheduling and collection of rents and fees. Rental use by other non -Member public safety agencies shall not conflict with scheduled activity by any Member. Any rents or fees collected in excess of the yearly operating expenses may at the Board's discretion, be retained for repair or improvements to the Facility, future operating expenses, or returned to the Members in proportion to the Cost Sharing Formula. ARTICLE III Section 1. Addition of Members to Association. Additional Members may be added to the Association upon a majority vote of the Board and the ratification of a majority of the governing bodies of each Member. Any department that wishes to become a member at any time during the year will be charged based on the formula as listed. Full JPA Member agencies will then be prorated based on the number of months left in that year. If during that year a Full JPA member department adds or loses a firefighter, there will be no refund for a reduction of firefighters nor will there be an added charge for additional firefighters in that year. Section 2. Withdrawal from Association. Any Member may withdraw from the Association by giving written notice of intent to withdraw directed to the attention of the Board members not later than January 1 of the preceding year. A Member's notice of intent to withdraw shall be accompanied by a certified copy of a resolution of the Member's governing body stating its intent to withdraw from the Association. The withdrawing Member shall not be entitled to any refund for its share of the capital costs or fees or operating costs paid under this Agreement. The withdrawing Member waives any and all rights and interest in the Facility as of the date of withdrawal. Any withdrawing Member shall also be responsible for its proportionate share of outstanding operating costs of the Facility through the end of the calendar year in which it gives notice of intent to withdraw. 7 433772v2 MA745.3 A withdrawing Member shall not be relieved of responsibility for any foreseen or unforeseen liabilities that may have scented while they were a member of the Association, including, but not limited to the cost of clean-up of any hazardous substance from the Facility site. A withdrawing Member shall have no claim to assets of the Association including excess fees or rents collected under Article II, Section 10. Section 3. Dissolution. Upon unanimous approval by the Members and ratification of the governing bodies of each Member, a dissolution of this Association may be adopted, at which time the liabilities of the Association shall be satisfied from the assets of the Association. The Members fitrthcr agree that they will share in the cost of clean-up of any hazardous substance caused or created by the Member's usage of the Facility site. Full use and operation of the Facility shall then revert to the City of Maplewood, and all remaining assets shall be divided among the Members at the time of dissolution based on the Cost Sharing Formula. Section 4. Assignment. A Member shall not assign or transfer its rights and obligations under. this Agreement without the prior unanimous written consent of all other Members and the ratification by the elected bodies of each Member. Section 5. Amendment. This Agreement may be amended upon proposal by the Board and approval by the governing body for each Member. ARTICLE IV. Section 1. Location of Public Safety Training Facility. The Association shall provide for the equipping and operation of a public safety training facility. The Facility shall be constructed on property owned by the City of Maplewood and located at 1881 Century Ave North in the vicinity of the intersection of Washington County CSAH 14 and MN Highway 120 to the west within the corporate limits of the City of Maplewood as more specifically described in Exhibit A hereto. Before commissioning of the public safety training facility the Association shall enter a long term ground lease with the City of Maplewood covering the Facility Site for a term of thirty (30 ) years as indicated in Exhibit B. The lease shall provide for renewal for successive ten year periods at the option of the Association. Section 2. Ownership of the Public Safety Training Facility. The City of Maplewood is the owner of the Public Safety Training Facility. 8 458772v2 NLA745-3 Section 3. Supersedes Previous Agreements. The Cities of North St. Paul and Lake Elmo and the Oakdale Volunteer Fire Department, Inc, have each previously entered into separate joint powers agreements dated March 25, 2016, January 26, 2016 and December 9, 2015, respectively, with the City of Maplewood regarding the same subject matter as this Agreement. This Agreement supersedes and replaces those previous agreements and constitutes the single joint powers agreement among the parties pertaining to the Facility. 1N WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their duly authorized officers by authority of their respective governing bodies. CITY OF MAPLEWOOD Mayor City Manager Date: 9 488772v2 Nt4745-3 CITY OF LAKE ELMO Mayor City Clerk Date: 11 488772v2 DIA745-3 CITY OF NORTH ST. PAUL Mayor City Manager Date: 10 488772v2 MA745-3 OAKDALE VOLUNTEER FIRE DEPARTMENT INC. Fire Chief Secretary Date: 12 488772y2 MA745-3 Appendix A $200 per Firefighter annually (Includes the cost of all consumables) Hour based JPA membership cost (Includes Propane 0-8 Hours: 9'2OHmurs: $5000 21-40Bours: $OOUO 41-80IIoucx: 81-120Houcs: $12,000 120+f{onro: $1O0/F[oor T1 IF CITY OF A K E FLMO STAFF REPORT DATE: March 7, 2017 CONSENT ITEM #: 11 AGENDA ITEM: Environmental Committee Appointments SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: As was discussed at previous meetings, staff is presenting the applications for the Environmental Committee. ISSUE BEFORE COUNCIL: Who should the Council appoint to the Environmental Committee? PROPOSAL: Council members were emailed copies of the application materials from the following: Brenda Jo Carlson Dominic Travis Scott Dromrnerhausen Beverly Schwalbach Tedi Carlson FISCAL IMPACT: NA OPTIONS: 1) Appoint to Brenda Jo Carlson, Dominic Travis, Scott Drommerhausen, Beverly Schwalbach, and Tedi Carlson the Environmental Committee 2) Appoint other members to the Environmental Committee 3) Do not make any appointments to the Environmental Committee RECOMMENDATION: If removed from the agenda: "Motion to appoint Brenda Jo Carlson, Dominic Travis, Scott Drommerhausen, Beverly Schwalbach, and Tedi Carlson to the Environmental Committee" ATTACHMENTS: • None 1-1-11--7. CITY C. )1: LAKE ELMO STAFF REPORT DATE: March 7, 201.7 REGULAR ITEM: 12 AGENDA ITEM: Human Resources Committee Appointment. SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: At the February 21meeting, Council vote was split 2-2 with one member absent, on appointing Mike Reeves tot ch Human Resources Committee. Since there will be a full Council at the March 7' meeting, the item will be brought back before the Council. ISSUE BEFORE COUNCIL: Who should the Council appoint to the Human Resources Committee? PROPOSAL: Council members were emailed a copy of Mike Reeves' application previously. There are currently three vacant positions on the Human Resources Committee. FISCAL IMPACT: NA OPTIONS: 1) Appoint Mike Reeves to the Human Resources Committee 2) Appoint other members to the Human Resources Committee 3) Do not make any appointments to the Human Resources Committee RECOMMENDATION: "Motion to appoint Mike Reeves to the Human Resources Committee" ATTACHMENTS: • None TIIF: CITY LAKE ELMO STAFF REPORT DATE: CONSENT ITEM #: AGENDA ITEM: Brookfield Lease Amendment SUBMITTED BY: Kristina Handt, City Administrator March 7, 2017 BACKGROUND: In September 2014, the City entered into a lease agreement for the office space in the Brookfield building where the administration and finance departments are located. A copy of that lease is attached for reference. ISSUE BEFORE COUNCIL: Should the Brookfield lease be amended? PROPOSAL:, A copy of the proposed lease amendment is included in your packet. It deletes the Right of First Refusal and in exchange extends the lease by one year with no increase in the rate and allows for the option of an additional year extension at a 2% increase. A lease extension is beneficial for the city in that the city hall facility needs xill likely not be addressed by September 30, 2019. The one to two year extension will provide the city with adequate nine to research and evaluate the options presented in the space needs study and construct the needed space. An RFP for a space needs study is out at this time and it is anticipated the final report will not be completed until late summer 2017. FISCAL IMPACT: The annual lease amount in the fifth year of the current contract is $33,223. That same amount would be extended for year six. If the City exercises the option for the seventh year, the annual rent amount would be $33,887.46. OPTIONS: 1) Approve the lease amendment 2) Do not approve the lease amendment RECOMMENDATION: If removed from the consent agenda: "Motion to adopt the amendment of the Brookfield Lease." ATTACHMENTS: • Current Brookfield Lease • Proposed Amendment to Lease LEASE AGREEMENT THIS LEASE AGREEMENT, made this 2-day of September, 201 4, by and between Lake Elmo Associates, L.L.P. (hereafter called "Landlord") and the City of Lake Elmo (hereinafter called "Tenant"), WITNESSES. that the Landlord, in consideration of the rents and covenants hereinafter mentioned, does hereby lease to the said Tenant, and the said Tenant does hereby hire and take from the Landlord the following -described real estate (hereinafter called "Premises") situated in the City of Lake Elmo, County of Washington and State of Minnesota, to -wit: That certain rental space in a building owned by Landlord and located on the southwest corner of the first floor of Lot One (1), Block Two (2), BROOKMAN ADDITION. which rental space totals 2461 square feet; the post office address of said building is 3880 Laverne Avenue North, Lake Elmo, Minnesota 55042. TO HAVE AND TO HOLD the Premises for a tern of five (5) years, beginning October 1. 2014 and continuing to and including the 30th day of September, 2019, on the following terms and conditions: Rent. Tenant shall pay to Landlord, during the term of this Lease, rent for the first and second year in the sum of $29,532.00 per year: said rent shall be paid in equal monthly installments of $2,461.00 each, to be paid on the first day of each month. Tenant shall pay to Landlord, rent for the third and fourth year in the sum of $31,993.00 per year; said rent shall be paid in equal monthly installments of $2,666.00 each, to be paid on the first day of each month. Tenant shall pay to Landlord, rent for the fifth year in the sum of S33,223.00 per year; said rent shall be paid in equal monthly installments of $2,769.00 each, to he paid on the first day of each month. Tenant shall, also, pay as additional rent, in the year 2016 and thereafter, during the term or any extension thereof. Tenant's pro rata share of any increase in: a) real estate taxes on said building over and above taxes payable in the year 2016; b) utility costs over and above the total utility costs for the entire building payable in the year 2016. "Utility costs" as used herein shall mean the costs of heating, air-conditioning, water service, sewer service, electric power service and trash -removal. The additional rent to be paid by Tenant shall be based on the ratio of the total floor area of the Tenant's Premises to the total rentable floor area of the building. The tenant shall pay any such additional rent to Landlord, monthly in advance by paying an amount equal to one -twelfth (1/12) of Tenant's share of any such increase in real estate taxes and utility costs, as estimated by Landlord. Adjustments shall be made, if necessary, at the end of each calendar year based on actual costs. 2. Use ofPremises. Unless otherwise agreed by the dlord, in writing (which consent the Landlord shall not unreasonably withhold) the Tenant shall use the Premises only for purposes incidental to Tenant's business which is a City Office but, in any case, not for any purpose which may be hazardous on account of fire or other risk. The premises shall be used in accordance with all ordinances, rules, regulations or orders of any public authority having jurisdiction over the Premises. indemnification. The Tenant will indemnify and hold Landlord harmless as against any and all liability or claims by or in behalf of any person, firm, association. corporation or vovernmental authority arising from or incidental to the Tenant's use of said premises. The Tenant at its expense shall maintain in full force and effect. with Landlord named as additional insured. public liability insurance coverage with respect to the Premises in a minimum at.igreuiate amount satisfactory to Landlord and shall deposit with Landlord evidence of such insurance. 4. Utilities. Landlord without additional charge, shall provide and maintain adequate mechanical apparatus to furnish satisfactory heating. air-conditioning, water service, sewer service, and electrical power service to the Premises and Landlord shall pay for all heating. air-conditioning, water service or sewer service, electric power service and trash -removal costs attributable to Tenant's occupancy of the Premises (except as provided in this paragraph 4 at no cost to Tenant except the rent and additional rent provided above in paragraph 1. Provided, however, that if any Tenant shall conduct any activity or use any equipment in Tenant's Premises which would require utilities such as gas, water, or electric power in an amount significantly greater than might reasonably be expected for general office use, then such Tenant shall be required to pay an amount equal to any increase in utility costs to Landlord over and above normal costs. If Landlord determines that the volume of Tenant's refuse is substantially greater than the average volume of other tenants. Tenant shall pay as additional rent a reasonable charge for the additional cost of refuse removal attributable to Tenant's greater volume. 5. Operation and Maintenance of Common Area. For the purpose ofthis Lease, the tern "Common Area" shall be defined as all that portion of the real estate in which the Premises are located including hallways, stairs, atria, landscaped areas, parking facilities and other improvements excepting t area which is presently leased to tenants or is proposed to be leased to tenants. Landlord agrees to manage, operate and maintain during the term of this lease and any renewal thereof all sidewalks, parking lots and driveways. landscaping, and lighting facilities with the Common Area, to a normal and reasonable standard for a professional office building. The manner in which such Common Area and facilities shall be maintained and the expenditures therefore shall be at the sole discretion of Landlord, who shall have the right to adopt and promulgate reasonable rules and regulations. from time -to -time. including the ight to restrict tenant and tenant's employees from parking areas reserved for customers of the various tenants, Landlord has made no representation as to identity, type, size or number of other tenancies in the building, and Landlord reserves the unrestricted right to change the building perimeters, driveways, office sizes, identity and type of other tenancies provided, however, there shall always be reasonable access to tenant's Premises. Landlord hereby grants to Tenant, its employees, agents, customers arid invitees, the non-exclusive right for and during the term of this Lease and any renewal thereof to use Conunon Area from time -to -time constituted, such use to be in common with Landlord and all tenants of Landlord from time -to -time, its and their employees, agents, customers and invitees, except when the sane are being repaired. Tenant shall not at any time interfere with the rights of Landlord and other tenants, its and their employees, agents, customers and invitees, to use any part of the Common Area. 6. Assignment or Sublease. The Tenant shall not assign or sublease the whole or any part of the Premises without prior written permission of the Landlord, which permission will not unreasonably be withheld. 7. Repairs and Improvements. The Tenant shall be responsible for all repair and improvements to the interior of the Premises. During the time of this Lease and any renewal thereof, Tenant agrees to keep the interior of the premise in as good a state of repair as the same now is. except for reasonable use and wearing thereof. Tenant shall replace any glass broken by Tenant. Tenant shall make such leasehold improvements and install such fixtures and equipment as may be necessary for the operation of Tenant's business. all of which shall be made to Premises at Tenant's own cost and expense. 4 At any time after the installation of Tenant's original leasehold improvements. Tenant may. after written approval of Landlord, make such alterations, additional improvements and repairs to the Premises, and install such additional fixtures and equipment as may be necessary for the operation of Tenant's business, all of which shall also be made at Tenant's own cost and expense. On the expiration of this Lease, or sooner termination thereof, improvements or alterations made shall become a part of the premises and shall belong to the Landlord without compensation to the Tenant, except that Tenant shall before the termination date remove any improvements or alterations which had not been consented to by the Landlord, if so requested by the Landlord. The Tenant may remove all or any part of the furniture and business equipment placed in, on or about the Premises by Tenant and upon removal, the Tenant shall at Tenant's expense repair and restore the Premises in as good, clean, sanitary and safe condition as they are now, ordinary use and reasonable wear and tear excepted. 8. Signs and Displays. Tenant shall not place any signs or displays in windows, on the exterior or interior Common Area of the building or any other place which would he visible from outside the building or the Common Area without specific written consent of the Landlord. It is understood, however, that Landlord shall permit at least one identification sign to be placed outside of the building and at least one identification sign inside the building but such signs shall be designed according to reasonable standards established by the Landlord for the purpose of maintaining a harmonious and aesthetically pleasing eterior for the building, 9. inspection. The Landlord reserves the right to enter the Premises at all reasonable times to view them, or to show them to a mortgagee or to a purchaser. or to make repairs. alterations or improvements, all with prior Tenant approval which shall not be unreasonably withheld. 10. Hold harmless. Tenant shall not be liable to Landlord, nor shall Landlord be liable to Tenant for any expense or damage resulting from a peril which can be insured against under the Minnesota standard form office insurance policy, with extended coverage endorsement added, anything contained in this lease to the contrary notwithstanding. 11. Condemnation. If the whole or any part of the Premises shall be condemned by any public authority or any corporation in condemnation proceedings then, at the option of the Tenant, to be exercised in writing within sixty (60) days of the date of condemnation, this Lease shall cease upon the date that title passes to the condemnor and, if the option is exercised, the Tenant shall not be liable for payment of rent beyond that date. 12. Destruction of Premises. In the event the Premises shall be destroyed or so injured by fire. the elements, or any other cause, so as to be partially or wholly untenantable, then at the option of the Tenant. the term of this Lease shall cease and the liability of the Tenant for further rent shall cease as of the date of the damage. If the Tenant shall, however, elect to continue the Lease, the Landlord shall restore the Premises to a tenantable condition substantially as before the destruction if such restoration is reasonably practical, and rent shall abate on that portion of the Premises which is untenantable until it is restored to a tenantable condition. 13. ,Default bv- Tenant. In case of default by the Tenant in the payment of any rent or in performance of any of the agreements and covenants herein contained. the Landlord may. at its option, and after ten (10) days written notice to Tenant during which time Tenant shall have the right to remove such default, terminate this Lease Agreement. re-enter and taLe possession of the Premises (without working a forfeiture of the rent to be paid by the Lessee for the remainder of the term o f the Lease) and exercise any and all other rights and remedies provided Landlord by law. No waiver of a breach of any of the covenants or conditions of this Lease shall be construed as a waiver of any subsequent breach of the same covenants or conditions. 6 14. Peaceable Possession. The Landlord covenants that the Tenant on payirig the rents required by Tenant and upon performing the agreements and covenants required of Tenants, shall and may peacefully and quietly have, hold and enjoy the Premises for the term aforesaid. 15. Parking. Landlord agrees to provide reserved parking spaces as may reasonably be required for Tenant's business use but not to exceed five (5) spaces. The location of such reserved spaces shall be determined by the Landlord. 16. Notices. Any notices, payment or demand, permitted or required to be n or made pursuant to this Lease shall be delivered personally or mailed by Registered or Certified United States mail to the addresses hereinafter set forth. Such notices, demand, or payment shall be deemed timely given or made when delivered personally or when deposited in the United States mail in accordance with the above. The addresses of the parties are as follows: If to Landlords: If to Tenant: Lake Elmo Associates, L.L.P. 3880 Laverne Avenue North Lake Elmo, MN 55042 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 17. Binding Effect. The terms and conditions of this Lease shall extend, apply to and firmly bind the heirs, executors, administrators, successors and assignsof the respective parties. 18. Renewal. Tenant shall give Landlord, prior to the expiration of the term of this lease, one hundred eighty (180) days notice, in writing of its desire to renew the Lease terms. 7 1 9. Miscellaneous. a) The rented Premises are delivered "as is" with existing furniture and fixtures in the Premises as of September 1, 2014, and Tenant may use this furniture and fixtures at no additional rent. b) Tenant may use and occupy the Premises as of September 1, 2014 for no additional rent. c) Parties agree that for no additional consideration Tenant shall have during the period of this Lease a Right of First Refusal to purchase the building in the event owner places the building on the market for sale. IN WITNESS WHEREOF, the parties have hereunto caused these presents to be executed the day and year first above written. TENANT: CITY OF LAKE ELMO LANDLORD: LAKE ELMO ASSOCIATES, L.L.P. By: FIRST AMENDMENT TO LEASE AGREEMENT This First Amendment to Lease Agreement ("Amendment") is made this day of ' 2017, by and between Lake Elmo Associates, LlP, a Minnesota limited liability partnership ("Landlord") and the City of Lake Elmo, eMinnesota municipal corporation (^Tenent"). WHEREAS, Landlord and Tenant entered into that certain Lease Agreement dated asofSeptember 2,ZQl4 (the ^Lease")providing for the rental byTenant ofZ461square feet ofoffice spaoaontheOnst0onrof the southwest corner ofa building owned by Landlord located at: 3880 Laverne Avenue North, Lake Elmo, Minnesota, legally described asfollows: Lot 1,Block 2,8mokmanAddition, County ufWashington, State ofMinnesota. (the "Premises^);and WHEREAS, Landlord and Tenant wish toamend the Lease asfollows; and NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto,the Landlord and the Tenant hereby agree aofollows: l� Amendment to the Third Recital of the Lease. The Third xedm( of the Lease is amended as TO HAVE AND TO HDU] the P*,nies for a term ofsix years, beginning October 1, 2014 and continuing to and including the 30" day of September, 2020, on the following terms and conditions: Z. Amendment tothe Third Paragraph of Paragraph 1 of the Lease. The third paragraph of Paragraph lnfthe Lease isamended asfollows: Tenant shall pay to Landlord, rent for the fifth and sixth years in the sum of$33,223.U0 per year; said rent shall he paid in equal monthly installments of$l'769.0Oeach, to be paid onthe first day nfeach month. 3. Amendment to Paragraph 18 of the Lease, Paragraph 18 of the Leese is amended as 18. Renewal, Tenant shall have the option torenew this Lease for anadditional one year term (commencing onOctober 1,2OZOand ending nnSeptember 30,2021). Tenant shall give Landlord 18Odays' notice prior tothe expiration ofthe term of this Lease that it intends to renew the Lease for the additional one year term. If Tenant exercises its option to renew the Lease, all terms of this Lease shall remain the same unless otherwise agreed to in writing by Tenant and Landlord, with the exception that the parties agree that the rent for the renewal term shall increase two percent to $33'887,46 per year; and rent shall be paid in equal monthly installments of$l'873.96,tnbepaid onthe first day ofeach month. 4. Amendment to Paragraph 19 of the Lease. |uenn (d of Paragraph 19 of the Lease is removed inits entirety. 495638,/ msLAmn l Miscellaneous. Except as specifically provided herein, the terms and conditions of the Lease are confirmed and continue infull force and effect. |NWITNESS WHEREOF, Landlord and Tenant have executedtNs First Amendment tuLease Agreement asufthe date written above. Landlord Tenant LAKE ELK4OASSOCIATES, LLP� By: Its: 2 *vmm./ wyLa5/5-/ CITY OF LAKE ELMO By: Mike Pearson Its: Mayor By: ]uUe]nhnson TI IF (Try On F LAKE E MO STAFF REPORT, DATE: 3/7/2017 REGULAR ITEM #: 13 TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: City's Shoreland Management Overlay District Ordinance Amendment REVIEWED BY: Stephen Wensman, Planning Director BACKGROUND: At its 2/21/2017 meeting, the Council discussed proposed Shoreland Management Overlay District Ordinance amendments. These amendments were proposed in order to bring the City's Shoreland Management Overlay District Ordinance in to compliance with standards set forth by Minnesota Administrative Rules, Chapter 6120: Shoreland and Floodplain Management. Minnesota Rules Part 6120.2800 requires Minnesota cities designated by the commissioner in consultation with the appropriate county adopt land use controls that are in compliance with this Chapter. The Council had some reservations regarding some of the proposed amendments and tabled the discussion to tonight's meeting. ISSUE BEFORE COUNCIL: The Council is respectfully requested to consider the Minnesota Department of Natural Resources (MNDNR)-approved amendments to Section 154.800: Shoreland Management Overlay District of the Zoning Code. PROPOSAL DETAILS/ANALYSIS: Staff consulted the MNDNR regarding the concerns the Council voiced during the 2/21/2017 meeting. MNDNR responses are attached. The following summarizes these responses: • Concern: Other cities do not have shoreland ordinances, so why does Lake Elmo need to comply when other cities do not. o Response: Lake Elmo has many more public water resources that have shoreland classifications than Oakdale and is a high priority for having a shoreland ordinance. Concern: Berschen's Pond was added to the shoreland ordinance. If the pond is 10 acres or more, it becomes a NE lake. Has the pond been surveyed to meet this requirement? How does the MNDNR add waters to its shoreland list? o Response: Berschen's Pond has had a Natural Environment (NE) classification since the 1970's when the DNR first established the shoreland classification list but was taken out during the shoreland ordinance 2014 amendment that was not City Council Meeting 3/7/2017 Regular Agenda Item approved by the MNDNR. It is a landlocked depression with no natural outlet and is a shallow lake/wetland that is prone to water level fluctuations, as is indicated by the fact that the pond and surrounding area is within the 100-year floodplain. The City can make a formal request to have this removed, provided there is documentation to justify this change. Concern: Reservations about the need for variances when existing non -conforming lots want to build decks or other structures that do not encroach further toward the lake. The concern is that there will be too many variances, the variance process is often too subjective. o Response: The MNDNR Model Ordinance allows for deck additions meeting certain provisions as well as setback averaging. Language from the model ordinance has been added to the proposed ordinance amendment. A separate, redlined attachment shows this added language. Concern: Why is the setback the same, 150', in the rural and urban districts for Natural Environmental Lakes, when for other lakes the setbacks differ. o Response: Natural Environment lakes are especially sensitive water bodies that are typically shallower and more wetland in character, and therefore are far more sensitive to phosphorus pollution due to surface water runoff and water quality degradation. A greater setback allows more space for riparian buffers that can reduce phosphorus pollution reaching the lake. The MNDNR will not provide flexibility for this standard. Concern: Also, how does the DNR determine the difference between Recreational Development Lakes and Natural Environmental Lakes. Can the lake classifications change? o Response: See attached email for how classifications are determined. The City may request reclassification, provided a resolution and supporting, relevant data request are sent to the MNDNR. Reductions in setback may also be requested provided there is a valid necessity and mitigation is provided. FISCAL IMPACT: None. OPTIONS: The Council may: • Approve the ordinance amendment as proposed. • Make changes to and approve the ordinance amendment (this may result in the MNDNR retracting their approval and possibly taking further action). • Deny the ordinance amendment. RECOMMENDATION: Staff, the MNDNR, and the Planning Commission recommend that the Council approve the proposed ordinance amendment to the City's Shoreland Management Overlay District Ordinance. 2 City Council Meeting 3/7/2017 Regular Agenda Item "Move to approve Ord. 08-166 amending Section 154.800: Shoreland Management Overlay District of the Zoning Code." In addition, Staff recommends that the City Council authorize summary publication of the approved ordinance through the following resolution: "Move to adopt Resolution 2017-012 authorizing summary publication of Ordinance 08-166" ATTACHMENTS: • Email from Jen Sorenson from MNDNR providing responses to Council concerns communicated at 2/21 /20 17 meeting. • Redlined version showing changes to Nonconfonnities section. • Proposed Ordinance 08-166 (no redlines). • MNDNR contingent approval letter and redlined version of ordinance. • Resolution 2017-012. From; Kristina Handl To: Stephen Wensman; Emily Becker Subject: FW: DNR Response to Questions on Lake Elmo"s Revised Shoreland Ordinance Date: Friday, February 24, 2017 4:22:52 PM Attachments: 0000-00-00LakeElmoSLCIassList.odf Shoreland Model Qrdinance 010917 with commentary.ndf I eis s ase. the: DNR h,nguage lic.)rri the mode! aa-.hrwrice boI de,:ks.Ncbc.,e(i to hir, reStii(ljve S,sandia. tiH City AcinlinistRitaa (.IIty at Lake Eno abe.incit(d)lbkeelmo.aN .747„; 9 0 From: Sorensen, Jenifer (DNR) [mailto:jenifer.sorensen@state.mn.us] Sent: Friday, February 24, 2017 3:17 PM To: Stephen Wensman <SWensman@lakeelmmrp Cc: Emily Becker <EBecker@lakeelmo.org>; Kristina Handt <KHandt@lakeelmo.org>; Shillcox, Jennifer (DNR) <jennifer,shillcox@state.mn.us>; Metzker, Kathleen (DNR) <Kathleen.Metzker@state,mmus>; Petrik, Daniel (DNR) <Daniel.Petrik@state.mrbus>; John Hanson (jhanson@barr.com) <jhanson@barr.com> Subject: DNR Response to Questions on Lake Elmo's Revised Shoreland Ordinance SLEVE.- Yosi have seht seyeii en Balls the, week with que!;tions that came op durme the C4 Council s review •dt Lake Elmo's shoreland o dinance on 2/21/17. rve summarized those questions below; with resppuses horn DNR. Please me know ityon have additional questOns prior to the next review by CNN tiouncil, Oakdaie does not have a shoreland oc-chriance, Is Oakdale going to -approve the Dr\IP'', regulations? not, why not? DI\IR FLnsoons:A2 cdtied, are equio,?d by sratu 103F.221) to have a shoi eleind ordinance, Ececaidsper LIe aree number at MinnesoLL) ci7Les with shoreland and limited DNP staff resoiices DNR rHtons cities 1 \Naas \.,vMd based on the amount of their shoreland resources. Lake EliTIC) has irony 'srei resoncci,s that hdavr..- shokeand clossc_:,atioris Wan Oakdale. T1-iel i.gore„ Lake Flidio is a high priority fo! havin,q, :.,1shoreland ordinance. Prior to 201,4, Lake t:Irno hed u shorilanc..1, ordinance_ in pleRod:,_ that vie -is apwoveci by MP_ [he shotelanc.1 ordinance adopted by the City. in 20.14 wa,:, not dopi ovisisi be DNR and is not subsiini.aly compliant with [he state 5.,horeland ruk2:s. This wnv the cdtv entiv updatdri.P., shoreland oi (finance language. ittittiti tio-thitiid to the sherteiatiti cif-dinar-1(th, hi tilt! pond is 1.0 vor thoitii ti f.)0r1(1V en-ient?H ti riititt tide! tit, it-, Prowl 0--"AiItt, 82010500) has hail a iiaturai Environrnent 0\10 shorPiand classini ant); i9a°0's laNP, tit ,at established the. shoreland classitiiTation iist tor LAI0e. j-Hd nie City Lake Linio did not. contest this iist ait the tirip 11 vas itlOu,jeci Finis shoreland din,3inoe since 0 east 1a)93, except that no111icluiled in trie2 nirr,:tlinancaa adopted b•y. die (ally in 2,01=1. The shcii eland cinDi 4s-100(2d (:!iy 21_)1 tv45 not apritoved U1 DNP., and is not substantially complia ia the staiaa is why the (=lb/ is an entiv Lipdaling it5shore.land orditonce 1,)tigUrig,e ; he Cit-y. of Lake Elm('ski knrrnal request to DNP to pernove the NE shoreiand classification 'from Berschen's Pi.,)iad. With this rizi?di ;est, the City would need to provide documentation to it.istily tkie c.harige, The- if] aca we usedy DIVR to assign sh(1reland classilication was only a guideline, and ',.;i7.c.? alone -oias ricit sole 51 1 1 g factor for DNP v,rtien detern-lining what public VI a ter,:-: were laersc hen's Pond is a landlocked depression with no natural outlet levels). I i. is a shalicroi lake/\,,vetlanci Wat is prone to water level Iliic.tuations, i:IdiLatecl by oo act. that the poi id aricl 0111 urIjlf 4 s within the 100-year floodplain on the. Ill.:alp below), building in the tloocIplain rigors both City and valley 5lIdk'i v^laitershed Distr1i7,t \NL,)1111)00P1,3111 egUi'l-)1:10n5 11 15511f det,ieloptiicmtcosts in tliese eas. Is\s, ikted tf-ie5 1 051plan, thP ri 1 r `1.-eisclar.5ri's is 93.5 teet and the IOU -year' elitiviiiticiti feet.1 Pi.Ai'Ll rules, 41111111fluin tl(aoi' elevation rat sti-tictiires in the 5olocip01i-1 must be 2 lee!, highei 1110 he :100-yea1iloodplain elevation. VBWD also has vve:tiand ni_itterC 110111 511,atiO for IT),-?PlictiPn's Pond, the buf [(a; recitiiiement is 75 feet (frc-jrn vB 'von W‘ii aF,Str.'SS111411 ), l By [oundl had reservations about Ore need for variances when existing 000-cmnfo/minG As */aoi to bui|d dpckso/othe'�QoUures Wait do not encroach [o/ihe/ toward the lake. The concernisthat lthe/ewill Ueruomanyva/iancesaodthat the variance process isoften tuosub\eNve. 0NKResponsyMesaw sho/e|aodrules and F)NR4modp|sho/e|andon1inaore(see attached dorumeoi' p. 23) Wea ponvisio« thattows decks [oco(ruuchtovvard (he water vvAhnvra va/iapcef, \otsp'WeU b+|u/e cheWe)aod /u|eswe/e put in place (nunco"furmiog |n1s). AJdk/oxa||t(huseibackaveraging pooidonaUowssumCw/esetbacks \ubeJctwWv*dbasal oo the avoagpof setbacks ooadjacent As'v/iNhno,avahance,The b,-2|ow(from Scandia's J`u/e!andmJ(nao�eie"cept that hiBhU8ht*iing/eeo./sdi/erdykom(hesia1esho/e!andWes and Me DNP'smoKsho/e|moduodioa^ce.!As |anQnoge/sac/epah|+hx iocn'pomdonintuthe[iijs g/ecohioJ1hNdiany'agecan heinUoded/(dasi/ed'as this wouNbe cons/dered A Alhr|yhi&he/s|aodaxj. (2)Deck additions may beallowed without avahancctnastructure not meeting the required setback from the ordinary high water ON K all of the following criteria and standards are met: (A) The structoreexisted on thedate the structure setbacks were established. (B) A thorough evaluation of the property and stiructure revels no reasonable locaton for a deck meetingorexceedin8theexishogondinaryhighwater|eve|se\backoftheqruciu/e. (C)The deck encroachmenttovvard the ordinary high water level does not exceed 15 percent ofthe e0tin8sohack ofthe sQocturefrom the ordinary high water level or does not encroach closer Van 30haet, whichever is more restrictive. (E) The deck is constructed primarily of wood, and is not roofed or screened, h C,,74 n !fe 1-ime Urtggir figg" ggrg,;,ig tgd i.g"gr ',-'1"r).-T-IfAc of- 1}:-1) r,:q both (f\Hre'i -- ijrfe'Y 1 1- 1 ttit."ttettitn- ahcl hhhte vverlstHci ek:if feecJ (KIM,- :mei Llevielopme- 1are n-thtt chrp;itivs! thhch;trThoths, t..-q,Altitioti slue to shillac-‘ wdher :hi -loft and vtet3t.et floality degraciiiitton. t.) gleatei shethat.1«th sl NE lalse creates Ihrghr sho!s, impcict (Sill) (since: time is the str-ucturt sethacis) sAtthcitl riv.Dre sthElct, tor tip,:tr 1-ih31 car= rectutP thgf ot t.)hosi.)ht); its al"hhg the ialttsp (ipitoc.kr+Pt.,t tt-ike oc.finance, DNR will be [cAtiewithq,ti3 orclinance s3,,;;;:1it1l tttrett-ttntt. t,tori--d,ttnd sitandards...fl 1ti exoectatiihn [A\IR is that the se rn,t:It:k lot notil sewdied and it,eohthhshil lots Nts ft,*-,t. 1.7..1NR lsf t.gt,oprove flexibility ft) trus1 lrLr1ro, ts,1t1,1..3ithci under [Mph's shcfrPlInd o!cllnance herai ;se sr; uctuth settbacl<11 igd the most irri.p,soh)nt stsmciards: it, the rules. esiipsisriiiv to! ereentielci hevelopmenh chs„,::;; det:F„,,,-hlhie1 dif rechrphe 1)etsvtherl I.tsfl<t?s r,.vitti kecro;:ition,:ill Developnleca (iflsh sr,drel,11-hj E„p,h,:siti(ahun11111•31<pes With R Njhtnral Envirotirrienl shoreland f:lassitptat01-1? (Pah sishhier:old t:la:ssiticciticln tot take changett? Drt,titt: ket;Dt:thsith Titte on:ft:new t,hot clathttificatic.)rts et lect ences \n)not.is physical tr:3ht:t IgnalOgigal (;,51-pt,;1;d: \,,,•atttrs. vvhiclsi ttUri ()It the ,Athount of v,p and dtthihtlt.lphh.tht mileof.71,mr.d vverlitvishtn ttnienAtre. General Development (GO) lakes )),,c) Tri))) his);es) and ))))))))e)t )1;0 c)in tlehAhts rphst ti,shieloprhhnt sind surshihit:t ;1111-,g1 Vtft,Lit. being; clesptasissh. C31) lakeent: ushentiy tthenie thJi[ shlhP chsot ,..A.hritt-h pet Mdle 1d\i'veHil-ig,-, 1)01 the time- ed: e deep Ai the time of shorektnifj gjassif iggittgol tinny' \Ant te stl hen 31ht.'stcly extenslych, ancl, heavily develdpet:j Recreational Development (RD) lakes u)H,Iilv rne)fiurn)))))))) hh;tyint-2 cp2pLis and ctn. ;:ltritiho thc:cn. The\i hd.ticalki hays:, bhthAle:,II 2 2L.) , !Ink.' shc.-tr,,e.H.le .3nci 2s dveelljN.:,,,e, pet p""s'ee Phrus iht lassirictIppn. 11n tor-, th.-,4?-; .1 tt.d..„tt, (jet:1:E thht tittnt, „Dr ttnitt.ntiftre,ittidd, tt-hthv ttynnt-t, eh,:te trit: tetth itttIttt:t tny lstistiht7 thhiclect,ite lehhhhhht thst ush and clehhlohiphrit ofihE „httirss,h, jheh for tronsnsh3,3tis chsvph U:g..2' Natural Environment (NE) lakes Ph-, h!lly I [Pvh th,n tothl Ehs lEss thtl,to Pt: eh, phi. rnilh ,s,h,sHsh,s. ciihnt„ I r t 1 11icsy' C'"' ttrtfdtentty turtv td,tve ne otthFI, ty 1111!,? Si2:)110W, ;VValory„.shureiine, and are lest, trtntt '15 feet deecy lakes am the smallest and ruost sensitive to deg( adation tr on°, use and desteltddritectt, tsd they tayttt the latgest requirements tor lot size, setbacks, etc. NE lakes rnay also Itade unique h?aut.tres thatt are susceptthle to harm IH<tt tMallow depth and grottddyvetet ittychat Re rum -tit -ow tvottit-rt ttttisd, titet tdcreased protection t5t.t.trytlatcts. Sttalltsttw lakes are "ft ittK mote set Frittive tto cid tosputti tets ttitortctutton dile to sut face watet ronold tand vt,tytter quality dtegraciatirDit. They may° have landr, with constraints tot clittyett2tprnent such t-,Its, High water ttEtitt)test exposed Itytttdt act; and tinstutttabte TtItTtse. lakes, tJtarriculctrly US(JciiIV 1-10t have !much existing deytetoptment Of ',7.!Cleati011,31 LiSe at thy? time thittt classificatitsdts were aytsigt-tect. 1 government can request teclessitiration ot public wdt 3I It the lort:til government ithirts to,--Isin should be reclast,itied, it should submit a resolution and syipporttittg, data requestirT, tri-tartge to the 1.)ki R. (see M NI Rules Ci121:1)::',00(t) Subpart ttl tr Any° teclassificatiort (Pql.ieSt would 1.-tie esolftiateci on Physical and biological evide,t-tce, not on ptesernt oi fiure cieyeloptnent plans. As an trtiltet 1t,3-tryte, if a Ict cal government. is interested in rer_luciri the setnotttick of a pacticulai lake, they could tequest flewil)titty under tlte slQi ' eland rules., rhereon wuld titted to be a good reasof tr omcilcing the change (for exarrwie, the 131<e is already fully developed and thus the greater SetbaCk can't be met) and I:11e_, local government would need to offer some way to mitigate the consequences of reduced protection. Jenifer Sorensen East Metro Area Hydrologist (Ramsey and Washington Counties) Division of Ecological and Water Resources Minnesota Department of Natural Resources 1200 Warner Road Sr Paul, MN 55106 Phone: 651-259-5754 Email: iertiletworetnsen(d)st ate.trin.u$t Z. Vegetation and topographic alterations other than routine maintenance; J. Construction of additional buildings or storage of vehicles and other materials; and 4. Uncontrolled beaching of watercraft. iv. Development organization and functioning. AR planned unit developments must use an owners association with the following features: 1. Membership must &emandatory for each dwelling unit owner and any successive owner; ' 2. Each member must pay pro /aLa share of the association's expenses, and unpaid assessments can become liens onunits mrdwelling sites; ]. Assessments must beadjustable tuaccommodate changing conditions; and 4. The association must be responsible for insurance, taxes, and maintenance nf aK commonly owned property and facilities. 12. Nnnoon/nnn/des. a. All legally established nonconformidesas ofthe date ofthis ordinance may continue, but wilt be managed according toMinnesota Statutes, Section 462.J57Subd. 1eand other regulations ofthis community for alterations and additions; repair after damage; discontinuance of use; and intensification of use. b. All additions orexpansions tothe outside dimensions ofanexisting nonconforming structure must meet the setback, height' and other requirements ufthis ordinance. Any deviation from these requirements must be authorized byavariance. Yv<�e/e ��u��!��xb�mn (h�a��oinn�� (ur�on bo�hs�deso'a opusedbukdin� �i�e. sui/c��«o se\badks maybeabercU vvbhouta:a/ianco to (-onform theOHYVL,provided\ho�roococdsLm��u/ci� noft,k»calj?0 /n a shnne)mnart zmnecx in hAuO im�aci zone� U. o/so�Kcureor� ��eebn� ihp requkeu houl th*ordinan/ vlater 'ev("i if of rhe +ckowm� �cko/ou��cxniuubol f)/ut)e/iva`c �i�ructw/e'**co(\noreasuxahieiocaiio^ exiz}o�o.dinamhioh -ex ie/u�seibak �u[ �oes�/ucivr� 1ii The\Aco/dioary hiyo waior Uoss oo, excasc i5 ppr �y/�U`eo( ��structu��how the, o'dinary hlut 13. Surface Water -Oriented Uses, Uses with needs tohave access toand use ofpublic waters maybe located on parcels or tots with frontage on public waters must meet the following standards: 13 CITY C]FLAKE ELM0 COUNTY 8FWASH|NGTON STATE OF MINNESOTA ORDINANCE NO. 08'166 AN ORDINANCE AMENDING SHORELAND MANAGEMENT DISTRICT RESTRICTIONS TO OBTAIN COMPLIANCE WITH DEPARTMENT [JFNATURAL RESOURCES SMORELANDORD|N/\NCE SECTION 1. The City Council o[the City ofLake Elmo hereby amends Title XV:Land Usage; Chapter 154: Zoning Code; Article XIX; Section 154.800 to read the following: ARTICLE 19. SHORELAND MANAGEMENT OVERLAY DISTRICT 5154.800 ShorelandManagement Overlay District §154.800 ShorebndManagement Overlay District A. Purpose. The ordinance badopted pursuant tVthe authorization and policies contained in Minnesota Statutes, [hapter103F, Minnesota Regulations, Parts61ZQ.I5UO'61Z0.]9OD, and the planning and zoning enabling legislation in Minnesota Statutes, [hapter46Z.'The purpose of the Shoretand Management Overlay District is to preserve and enhance the quality of surface waters and conserve the economic and natural environmental values ofshore|ands through the following activities: 1. Regulate placement of sanitary and waste treatment facilities on shorelands of public waters toprevent pollution ofpublic waters and public health hazards resulting from the facilities. 2. Regulate alteration of shoreiands of public waters to prevent excessive sediment pollution, increased water runoff and excessive nutrient runoff pollution. ]. Preserve and enhance the unique aesthetic appearance and ecological value of the shoreiand. 4. Regulate the construction ofbuildings and changes ofland use in shore(ands to minimize property damage during periods ofhigh water. B. Definitions. Words, terms and phrases, when used inthis section, shall have the meanings ascribed to them in Subd. 01: Definitions; nfChapter 11:Genera[ Code Provisions, except where the context clearly indicates n different meaning, C. ShoreiandManagement Overlay District 1. 5hnre/undC/us ifioot/ono.ThepubUcvvatersinTabie17'1 have been classified bythe commissioner nfnatural resources, consistent with the classifications assigned by the commissioner under Minnesota Rules, part 6120.]]00' as: natural environment (NE). recreational development (RD) and tributary (T)xhoreiands. Table 17'1: ShqrelandCimssjficatipns Armstrong (north of CSAH1O) Armstrong (south of [SAH1O) Location Sec lO,T2P' R21 Sec 28.TZ9, R21 1 Ordinary High Water Level 1020.3 1019.] Class NE NE 82009900 Clear 82010100 DeMontreville 82010500 Berschen's Pond 82011000 Downs 82010900 Eagle Point 82010600 Elmo 82010800 Friedrich Pond 82011300 82011100 82007400 82010400 82011700 82010300 N/A N/A 82011200 82010700 82010000 82031300 N/A N/A Goose H.J. Brown Pond Horseshoe Jane Kramer Olson Raleigh Creek North (to Eagle Point Lake) Raleigh Creek South (Eagle Point Lake to Lake Elmo) Rose Sunfish Unnamed Unnamed Unnamed to Wilmes Lake Unnamed Tributary Sec 2 Et 11, T29, R21 Sec 4, 5 Et 9,T29, R21 929.3 Sec 24, T29, R21 889.1 Sec 22 Et 27, T29, R21 896.5 Sec 13, 14, 23, 24 Et 26, T29, R21 885.6 Sec 15 8 22, T29, R21 - Sec 27, 34 Et 35, T29, R21 924.4 Sec 26, T29, R21 - Sec 25, T29, R21 876.8 Sec 9 Et 10, T29, R21 924.0 Sec 35, T29, R21 - Sec 8 Et 9, T29, RZ1 929.3 Sec 16, 21 Et 22, T29, R21 T Sec 22, 23 €t 227, T29, R21 Sec 25 Et 36, T29, R21 Sec 14, T29, R21 Sec 4, T29, R21 Sec 12, T29, R21 Sec 33, T29, R21 Sec 25, T29, R21 Classifications RD = Recreational Development Lake Classification NE = Natural Environment Lake Classification T = Tributary River Classification Notes to Table 17-1: 896.4 NE RD NE NE NE RD NE NE NE NE RD NE RD T NE NE NE NE T T a. As measured from and perpendicular to the ordinary high water level (OHWL) 2. Land Uses in Shoreland Districts. All uses of land shall be regulated by the applicable zoning district subject to applicable conditions. Notwithstanding the underlying zoning district, the following uses shall be regulated in shoreland districts as specified in Table 17-2: Table 17-2: Permitted (P) and Conditional (C) Uses, Shoreland Classifications Shoreland Classification Recreational Land Uses Development Residential P 2 Natural Tributary Environment River P P Commercial P [ [ Public and Civic Uses P [ C OutdoorKecreodon, [ C C Agricultural and Related Uses 'c P P P Industrial and Extractive Uses Utilities, Transportation and Communications [ [ [ Accessory Uses P P P Planned Developments (PUD$ C C C Forest Land Conversion [ [ C Notes toTable 17'2: o. City owned parks and open space and any uses orstructures accessory tosuch uses are permitted within shore\andareas. b. Vegetative clearing within shore and bluff impact zones and on steep slopes is not permitted. c New feedlots are not allowed inany 5hnreinndManagement Overlay District. l. Shore/undStondords. The standards inTable 17'3 shalt apply within shore\and areas to principal, conditional and accessory uses and structures: Table 17-3; Shoreimnd5tandards nrelandClassNficetion Minimum structure setback from County, State urFederal road riQht'of-way Minimum setback from right'of-vvayline oftown road, public street, or other roads orstreets not classified Recreational Development 20 feet Minimum structure setback from anunp|atted cemetery or historical sitea 50 feet Natural Environment Tributary River 50 feet 50 feet 20 feet 20 feet 50 feet 50 feet Minimum structure setback from the Ordinary High Water Level (OHWL)I, c, e Sewe/edu Unseweredu Minimum structure setback from top ofbluff Minimum septic system setback from OMYVL Minimum low floor elevation above the 100'year flood elevation Maximum impervious lot coverage Sevveredp Unsewered Minimum lot dze/' riparian lots 5evvered Single family detached Two-family orduplex 75feet 180feet ]Oheet 75 feet 2feet 2U.00sf ]5,OOUmy 15Ofpet 15Ofeot ]0feet 15O/eet 50feet 1UOfeet 30feet 75fect 2 feet 2 feet 15% 40,00sf 0'00sf Same aszoning district Triplex Quad Unsewered Single family detached Two-family orduplex Minimum lot size/, non -riparian lots Sewened Single family detached Two-family orduplex Triplex Quad Unsevvered Single family detached Two'famiiyorduplex Minimum lot v,idth,/'» riparian lots Sewered Single family detached Two-family or dUpleXe Tr|piex° Duad° Unsevvered Single family detached Two-family ordupiex° � Minimum lot width, nonhparian Lots Sevvered 12O,00Osf 4O,00sf BO'00sf 15,00sf 26,000 sf 3O'O0Usf 49'00Osf 40'00sf 80'00sf 75feet 135feet 195feet 255feet 15Ofeet 2I5feet Single family detached 75feet Two'famih/ orduptex° 135 feet Thp(ee 190feet Unsewered 16O,00sf 8O,00sf 7U'000 sf 2O,0DOsf ]5,O0Usf 52,O0Osf | 65'UU0sf | 8O.00sf 160,00sf 125feet 225/eet 3Z5feet 425 feet 20feet 300 feet 1Z5feet ZZOfeet ]15feeL 41Ufeet Same as zoning district Same as zoning cUsLhc1 Same aszoning district Same aszoning district 75feet 115feet 15Ofeet 190feet 1O0feet 15O[eet 75feet 115/eet 15Ufept 190 feet Single family detached 150feeL 208feet 100feet Two-family orduplex° 265foet 400feet 150feet Maximum Structure Height ]5hee{ 35feeL 35feet Notes toTable 17'3: a. Reduction of the required setback from a historic site is permitted with the approval ofthe office of the Minnesota State Archeologist. b. Where structures exist on both sides of proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the Ordinary High Water 4 Level (}HVYL), provided the proposed building is not located in a shore impact zone orbluff impact zone. c. Roads' driveways and parking areas shall meet the minimum structure setback. Where no alternative exists, such improvements may bcplaced within the required structure setbacks provided they are designed to adapt tothe natural landscape, soil erosion is minimized and no construction shall occur in shore orbluff impact zones. Exceptions to setback requirements must comply with the rules and regulations oflocal watershed districts. d. Commercioi, public and civic uses located on lots with public waters frontage shalt be setback double the required setback or besubstantially screened from the water by vegetation or topography, assuming summer, |eaf'oncondidons. e. Subdivisions of duplexes, tdpiexes, and quads within Natural Environment Shnreiand districts must also meet standards set forth inSection ([)(5)(c). f. Minimum tot size and width requirements apply to residential uses only. g. Lots Intended As Controlled Accesses to Public Waters or as Recreation Areas for Use by Owners o/Nonr/porionLots within Subdivisions. Must meet or exceed the following standards: They must meet the width and size requirements for residential tots, and be suitable for the intended uses of controlled access tots. i. If docking' mooring, or nver'vvmterstnrage o/ more than six (6) watercraft is to be allowed at m controlled access int, {hen the width of the tot (keeping the same tot depth) must be increased bythe percent nfthe requirements for riparian residential tots for each watercraft beyond six, consistent with the following table: Controlled Access Lot Frontage Requirements Ratio ofLake Size toShore Length Required increase infrontage (acres/mite) (percent) Less than 100 25% 100'200 20% 201'300 15% 301'400 10% Greater than 4OO | 5% ii. They must be jointly ownedbyall purchasers of tots in the subdivision orbyall purchasers ofnonhpariantots inthe subdivision who are provided riparian access rights onthe access tot; and covenants orother equally effective legal instruments must be developed that specify which tot owners have authority to use the access tot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching' mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use ofthe public water mrthe enjoyment ofnormal property rights by adjacent property owners. Examples ofthe non -significant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number ofvehicles allowed to be parked and the total number ofwatercraft o0mved to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities inthe most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings, and other facilities tn be screened by vegetation nrtopography asmuch aspractical from view from the public water, assuming summer, ioaf'oncondiUonc 4. Design Criteria for Structures 5 u Water Oriented Accessory Structures. Each tot may have one (1) water oriented accessory structure not meeting the normal structure setbacks if the structure complies with the following provisions: i. Structure Height. The structure orfacility must not exceed ten (10) feet in height' exclusive ofsafety rails, from the average grade ofthe structure to the peak ofthe roof. Detached decks must not exceed eight (8) feet above grade atany point. ii. Structure Size. Water oriented accessory structures cannot occupy an area greater than two -hundred and fifLy(25O) square feet. iii. Structure Setback. The setback ofthe structure orfacility landward from the Ordinary High Water Level (OHYYL) must beat (east ten (10) feet on a recreational development take and fifty (58) feet ona natural environment take. iv. The structure or facility must be treated to reduce visibility mviewed from public waters and adjacent mhorekandshyvegetation, topography, increased setbacks or color, assuming summer, leaf -on conditions. V. The roof ufthe structure may beused usodeck with safety rails, but must not bpenclosed orused usostorage area. vi. The structure orfacility must not be used for human habitation and must not contain water supply orsewage treatment facilities. vi1. Watercraft Storage Facilities. As an alternative for recreational development water bodies, water oriented accessory structures used solely for watercraft storage, and including the storage ofrelated boating and water oriented sporting equipment' may occupy up to four hundred (400) square feet provided the maximum width of the structure ix twenty (ZO) feet asmeasured parallel tothe configuration ofthe shoreline, b. Stairways, Lifts and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep 5iopes toshore areas. Stairways and lifts must meet the following design requirements: i. Stairways and lifts must not exceed four (4) feet in width. Wider stairways maybe used for public open space or recreation properties. ii. Landings for stairways and lifts must not exceed thirty-two (]I) square feet in area. Landings larger than thirty-two (]Z) square feet may be used for public open space orrecreation properties. iii. Canopies orroofs are not allowed onstairways, lifts orlandings. iv. Stairways' lifts and landings may be either constructed above ground on posts orpilings orplaced into the ground, provided that they are designed and built in a manner that ensures control of soil erosion. V. Stairways, lifts and landing must be located in the most visually inconspicuous portions of tots, as viewed from the surface of the public water assuming summer, \eaf'ooconditions' whenever practical. vi. Facilities such as public and private watercraft access ramps' lifts, access - related parking areas' ormobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards ofsubsections (i) through (v) above aresati5fied-and provided the vegetative screening and erosion control requirements are met. c. Rouob. Driveways, and Parking Areas. Public and private roads' drive*ays, and parking areas must be designed totake advantage ofnatural vegetation and topography to achieve maximum screening from view from public waters, Documentation must be provided byaqualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field 6 office technical guides ofthe local soil and water conservation district, or other applicable technical materials. d. Steep slopes. Local government officials must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems' roads' driveways, structures, orother improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening nfstructures, vehicles, and other facilities as viewed from the surface ofpublic waters, assuming summer' leaf -on vegetation. 5. Subdivision Standards. The following standards shall apply tosubdivisions in shorebnd a. Each tot created through subdivision must besuitable in its natural state for the proposed use with minimal alteration. In determining suitability the City wilt consider susceptibility to flooding, existence cdwetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply nrsewage treatment capabilities, near -shore aquatic conditions unsuitable hxrvvater'based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety' orwelfare cffuture residents of the proposed subdivision, orofthe community atlarge. b. Subdivisions must conform tnaKother official controls adopted bythe City nfLake Elmo. Subdivisions will not be approved that are designed sovariances from one or more standards in official controls would be needed to use the lots for their intended purpose. Lots that would require use ofholding tanks must not be approved. c. On natural environment takes, subdivisions ofduplexes, thp(exes' and quads must also meet the following standards: i. Each building must beset back at least ZOOfeet from the ordinary high water ii. Each building must have common sewage treatment and water systems that serve all dwelling units in the building. iii. Watercraft docking facilities for each lot must be centralized in one location and semeaU dwelling units in the building. iv. Nomore than I5 percent ufa iake'sshoreline can be in adupiex, triplex, or quad environment, 6. Agricultural Activities. The following standards shall apply toagricultural activities in shore|and areas: m. The shore impact for parcels with permitted agricultural uses isequal toaline parallel to and 50feet from the OH\YL b. General cultivation farming, grazing, nurseries, horticulture' truck farming, sod farming, and wild crop harvesting are permitted uses ifsteep slopes and shore impact zones are maintained inpermanent vegetation uroperated under anapproved conservation plan (resource management systems) consistent with the field office technical guides ofthe local soil and water conservation district urthe USDA Natural Resources Conservation Service. c. New animal feedlots are not allowed inshnretand. Modifications orexpansions Lo existing feedlots or resumption of old feedlots are conditional uses and must meet the following standards: i. Feedlots must bedesigned consistent with Minnesota Rules Choptrr70ZO; i\. Feedlots must not further encroach into the existing ordinary high water level setback or the bluff impact zone and must not expand to capacity of 1'000 animal units o,more; and, 7 hh. 0[d feedlots not currently in operation may resume operation consistent with Minnesota Statute Section 116.0711. d. The use of pesticides, fertilizers or animal wastes within xhoreiand areas shall be done in such a way as to minimize impacts on shore impact zones by proper application or use ufearth or vegetation. 7. Shore/ondA/teort/ons. The purpose of this section is to prevent erosion into public waters, fix nutrients, p/eserveshore(and aesthetics' preserve historic values, prevent back stumping and protect fish and wildlife habitat. 5horeiandalterations shall b:allowed in accordance with the following standards: a. No principal oraccessory structure ur use shalt be placed within bluff orshore impact zones other than agricultural activities as permitted by subsection (C)(6)(b). b. Shore impact zones shalt be maintained in permanent vegetation or operated under an approved conservation plan consistent with the field office technical guides of the local soil and water conservation district. c. Intensive Vegetative Clearing. Intensive vegetation clearing within shore and bluff impact zones and/or steep slopes isnot permitted. Intensive clearing within shnneimnd areas outside of bluff or shore impact zones and steep slope areas is subject to standards set forth inSubp. (C) (8)ofthis Section. d. Limited Tree Clearing. Limited clearing oftrees and shrubs and the cutting, pruning and trimming oftrees within bluff and shore impact zones orsteep slopes tn accommodate picnic areas, traits and water access and Loprovide aview tothe water from a principal dwelling site shall be permitted provided the screening of structures, as viewed from the water, is not substantially reduced and that the shading of water surface isalong rivers is preserved. These provisions do not apply tothe removal of tree limbs or branches that are dead orpose asafety hazard. e. Grading /nIhone/undAreas. Alt grading and filling activities must bein conformance with theVYedand Conservation Act. Any grading or fitting on steep slopes or within shone or bluff impact zones involving the movement often (10) or more cubic yards of material or involving more than fifty (50) cubic yards nfmaterial elsewhere in o shnreiand area shalt require the submission ofaGrading Permit. Approval shall be granted only ifthe following conditions are met: i. The smallest amount ofbare ground is exposed for the shortest time possible; ii. Ground cover such asmu(chisused for temporary bare soil coverage and permanent ground cover, such as sod, is established; iii Methods Loprevent erosion and trap sediment during construction are employed; 1v. Altered areas are stabilized toaccepted erosion control standards; V. Fill is not placed so as to create unstable slopes; vi. Plans to piacehii or excavated material on steep slopes are certified by qualified professionals as to slope stability and must not create finished slopes of]0 percent o,greater; vii. Alterations below the OHYYLnfpublic waters must first beauthorized by the Commissioner ofthe Minnesota Department ufNatural Resources per Minn. 5tats. §1U]C.Z45and 103G.405; viii. Placement of natural rock riprap, including associated grading of the shoreline and placement ofafilter blanket, is permitted if the finished slope does not exceed three feet horizontal toone foot vertical, the landward extent ofthe hprapiswithin ten feet ofthe OHVYLand the height of the riprapabove the OHV/Ldoes not exceed three feet; and ix. Alterations of topography shall only be permitted if accessory toa permitted orconditional use. 8 X. Fill orexcavated material must not beplaced inbluff impact zone. B. Forest management standards. The harvesting oftimber and associated reforestation or conversion of forested use toa nonforested use must beconducted consistent with the following standards: a. Timber harvesting and associated reforestation must beconducted consistent with the Sustaining Minnesota Forest Resources: Voluntary Site'LeveiForest Management Guidelines for Landowners, Loggers and Resource Managers b. Forest land conversion to another use requires issuance ofa conditional use permit and adherence tothe following standards: 1. Shore and bluff impact zones must not be intensively cleared of vegetation. ii. Anerosion and sediment control plan isdeveloped and approved by the City and local soil and water conservation district and isconsistent with the City`s Storm Water and Erosion and Sediment Control Ordinance (150.270) before issuance ofaconditional use permit for the conversion. V. ftonmwote,/Nunogempnt. Stormwater management shalt be in accordance with the [ity'sStorm Water and Erosion and Sediment Control Ordinance (§15O.Z7O). In addition, the Minnesota Pollution Control Agency's Minnesota StormvvatprManuai shalt be used as guidance. Within shone\and areas, the following standards also apply: a. Existing natural drainage ways, wetlands and vegetated soil surfaces must be used to convey, store' filter and retain storm water in a manner consistent with local watershed district rules and regulations before discharge topublic waters, b. Development must beplanned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, and erosion potential and reduce and delay runoff volumes, Disturbed areas must be stabilized and protected as soon esgrading is complete and facilities ormethods used to retain sediment on the site are removed. c. Use mffertilizers, pesticides oranimal wastes within xhnreiand areas must bedone in a way tominimize impact onthe shore impact zone orpublic water byproper application. d. New constructed storm water outfaUsto public waters must provide for filtering ur settling of suspended solids and skimming nfsurface debris before discharge, 10. Private Utilities. The following provisions shall apply inshoreiandareas: a. Private subsurface sewage treatment systems shall meet applicable City and County requirements and Minnesota Pollution Control Agency's Chapter 7O80standards. Publicly owned sewer systems shall beused where available. b. Any private water supply tnbe used for domestic purposes shall meet quality standards established bythe Minnesota Department ofHealth and the Minnesota Pollution Control Agency. ., Private wells must be located, constructed, maintained, and seated in accordance with or in a more thorough manner than the Water Welt Construction Code o/the Minnesota Department of Health. 11. Planned Unit Developments (PUD) a. Purpose. Toprotect and enhance the natural and scenic qualities ofshoneLand areas during and after development and redevelopment of high density residential uses. b. Density. Deviation from the minimum lot size standards ofTable 17'3 of this ordinance isallowed ifthe standards inthis Section are met. c. Processing ofPUDs. Planned unit developments are processed according to the procedures and standards of Article XVI and Article XVII, whichever is more restrictive. Approval cannot occur until all applicable environmental reviews are complete. 9 d. Application for o PUD. The applicant for a PUD must submit the following documents prior Lofinal action onthe application request: i. Aproperty owners association agreement with mandatory membership, and consistent with 11 (h) (iv) of this ordinance. ii. Deed ,estrictions, covenants, permanent easements or other instruments that: 1. Address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and 2. Ensure preservation and maintenance ofopen space inperpetuity accordance with the criteria and analysis specified in 11 (h) of this ordinance. e. Density Determination. Proposed new or expansions to existing planned unit developments must be evaluated using the following procedures. i Step 1. Identify Density Analysis Tiers. Divide the project parcel into hen by drawing one wrmore lines parallel tothe ordinary high water level at the following intervals, proceeding landward: Classification Recreational Development Lakes Natural, Environment Lakes Tributary Rivers Tier Depth NoSewer (ft) 267 400 Sewer (ft) 267 320 ii. Step Z.Calculate Suitable Area for Development. Calculate the suitable area within each tier byexcluding all wetlands, bluffs, or land below the ordinary high water level ofpublic waters. /ii. Stcp3. Determine Base Density 1. Divide the suitable area within each der by the minimum single residential lot area in Table 17'3 (use required minimum riparian lot areas for the 1"'tier unless no lots within the 1",tier are riparian) for takes todetermine the allowable number ofdwelling units, orbase density, for each tier. Allowable densities may betransferred from any tier toany other tier further from the*aterbndy, but must not be transferred toany tier closer tothe vvaterbody. 2. All PUDs must meet the design standards in Section 11 (f) of this ordinance. iv. Step 4. Determine if the Site can Accommodate Increased Density. The PUD may provide for an increase in density nfup to 20% allowed in the base zoning district orin Table 17'3' whichever is more restrictive, if: Structure setbacks from the ordinary high water level. 1. Are increased to at least 50 percent greater than the minimum setback; or 10 2. The impact onthe pmtedbodyisreduced anequivalent amount through vegetative monagmnent, topography, oradditional acceptable means and the setback isat[east Z5percent greater than the minimum setback. tDesign Criteria. All PUDsmust meet the following design criteria: i. General Design Standards. 1. Dwelling units must be clustered into one or more groups and located onsuitable areas nf the development. 2. Dwelling units must bedesigned and located tomeet the dimensional standards, other than those for lot area and width, in Table 17'3: l Shore recreation facilities, a. Must becentralized and located in areas suitable for them based on asuitability analysis (as explained in\ubd. (C) (5) (a) ofthis 5ecdon). b. The number o/spaces provided for continuous boacNng, mooring, ordocking ofwatercraft must not exceed one for each allowable dwelling unit inthe first tier. c. Launching ramp facilities, including small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units located in other tiers. 4. At least 50 percent ofthe total project area shalt bepreserved as open space and must meet standards outlined in 11 (g) of this ordinance. 5. PUDs shall beconnected topublic water supply and sewer systems. When sewer is not available, individual septic systems are not allowed; community sewage treatment systems are required. 6. Approval from the DNRis required to ensure compliance with additional regulations. ii. Structures, parking areas' and other facilities must be treated to reduce visibility asviewed from public waters and adjacentshureiands by vegetation, topography, increased setbacks, color, orother means acceptable to the local unit of government, assuming summer, leaf -on conditions. Vegetative and topographic screening must bcpreserved, if existing, or may be required to be provided. iii. Accessory structures and facilities, except water oriented accessory structures, must meet the required structure setback and must be centralized. Open Space Requirements. i Open space must constitute atleast 5Opercent of the total project area within the shoretand and must include: 1. Areas with physical characteristics unsuitable for development in their natural state and areas containing significant historic sites nrunpiatted cemeteries; Z. Portions ofthe shore impact zone preserved in its natural orexisting state as follows: i For existing residential PUD's' at least 50 percent of the shore impact zone 11 ii For new residential PUDs, at [east70 percent of the shore impact zone. ii Open space may include: 1. Outdoor recreational facilities for use by owners oflots iothe subdivision and bythe general public; and Z. Stonnwaterdetenhmn facilities, subsurface sewage treatment systems (if the use of the space is restricted toavoid adverse impacts on the systems), and other required site improvements not prohibited herein may beapplied to this requirement. l Non'pubhcwater wetlands iii Open space shall not include: 1. Road h8hts'of-way, or land covered by roads, structures orparking surfaces; Z. Lots, unless owned incommon byanowners association; 3. Commercial facilities oruses; 4. Land below the OHVYLufpublic waters. h. Open Space Maintenance and Administration Requirements. i. Open space preservation. The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved. ii. Before final approval ofa PUD is granted, the developer/owner shall provide for the preservation and maintenance' in perpetuity, o/open space and the continuation ofthe development asacommunity. iii. The instruments must prohibit: 1. Commercial uses ; Z. Vegetation and topographic alterations other than routine maintenance; ]. Construction ofadditional buildings urstorage ofvehicles and other materials; and 4. Uncontrolled beaching ofwatercraft. iv. Development organization and functioning. Aiiplanned unit developments must use an owners association with the following features: 1. Membership must be mandatory for each dwelling unit owner and any successive owner; . Z. Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units ordwelling sites; ]. Assessments must be adjustable to accommodate changing conditions; and 4. The association must beresponsible for insurance, taxes' and maintenance of aUcommonly owned property and facilities. 12.Nonoon/ormides. a All legally established nonconformidesas ofthe date nfthis ordinance may continue, but will be managed according to Minnesota Statutes, Section 462.357 Subd. 1 e and other regulations ofthis community for alterations and additions; repair after damage; discontinuance ofuse; and intensification of use. 12 b. All additions orexpansions tothe outside dimensions ofan existing nonconforming structure must meet the setback, height, and other requirements of this ordinance. Any deviation from these requirements must be authorized byavariance. c. Setback averaging, Where structures exist onthe adjoining lots on both sides of a proposed building site, structure setbacks may bealtered without avariance to conform tnthe adjoining setbacks from theOHYYL, provided the proposed structure is not located inashore impact zone orinabluff impact zone; d. Setbacks of decks. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if aU of the following criteria and standards are met; i. The structure existed nnthe date the structure setbacks were established. h. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure. hi. The deck encroachment toward the ordinary high water level does not exceed 15 percent ofthe existing setback ofthe structure from the ordinary high water level or does not encroach closer than 30feet, whichever is more restrictive. iv. The deck is constructed primarily ofwood, and is not roofed or screened. 13. Surface Wuter'DrientedLbes. Uses with needs tnhave access toand use of public waters may belocated on parcels orlots with frontage on public waters must meet the following standards: a. In addition tomeeting impervious coverage limits, setbacks' and other zoning standards, uses must be designed toincorporate topographic and vegetative screening ofparking areas and structures. b. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary tn meet the need. c. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under permit issued by the county sheriff. d. Signs maybe placed, when necessary, within the shore impact zone ifthey are designed and sized to be the minimum necessary to convey needed information. e. Other outside lighting may be located within the shore impact zone or over public waters ifitis used primarily toilluminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use ofnavigational lights. D, Administration. 1. Variances. Variances may only be granted in accordance with Minnesota Statutes, Section 4bZ.357and are subject tothe following: a. Avahance may not circumvent the general purposes and intent of this ordinance; and b. For properties with existing sewage treatment systems, a certificate ofcompliance, consistent with Minnesota Rules Chapter 7082.0700 Subp. 3, is required for variance 13 approval. 4sewage treatment system shalt beconsidered compliant ifthe only deficiency is the system's improper setback from the ordinary high water level. Z. Conditional Uses. All conditional uses inthe shorelandarea are subject toathorough evaluation ofthe woterbodyand the topographic, vegetation, and soil conditions to a.The prevention ofsoil erosion orother possible pollution cfpublic waters, both during and after construction; b. The visibility ofstructures and other facilities asvkewed form public waters is c. There is adequate water supply and on -site sewage treatment; and d. The types, uses and numbers of watercraft that the project wilt generate are compatible in relation tothe suitability ofpublic waters tosafety accommodate these watercraft. 3. Mitigation. a. In evaluating all variances, conditional uses, zoning and building permit applications, the zoning authority shalt require the property owner toaddress, when related to and proportional tothe impact, the following conditions te meet the purpose of this ordinance, to protect adjacent properties, and the public interest: i Advanced storm water runoff management treatment; ii. Reducing impervious surfaces; hi. Increasing setbacks from the ordinary high water level; 1v. Restoration of wetlands; V. Limiting vegetation removal and/or riparian vegetation restoration; vi. Provisions for the location, design, and use ofstructures, sewage treatment s}stems, water supply systems, watercraft launching and docking areas, and parking areas; and vii. Other conservation -designed conditions the zoning authority deems necessary. b. In evaluating pions toconstruct sewage treatment systems, roads' driveways, structures, or other improvements on steep slopes, conditions to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters assuming summer' ieaf'onvegetadon shalt be attached to permits. 4. Notifications tothe Department o/Natural Resources a. All notices of public hearings 0oconsider vahancns, ordinance amendments, or conditional uses under ohone|andmanagement controls must besent to the commissioner or the commissioner's designated representative at (east ten days before the hearings. Notices ofhearings toconsider proposed subdivisions/ plats must include copies ofthe subdivision/ pkat. b. All approved ordinance amendments and subdivisions /plat ' and final decisions approving variances or conditional uses under local shoreland management controls must be sent tothe commissioner orthe commissioner's designated representative and postmarked within ten days of final achon. When avariance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance shall also include the summary of the 14 public record /teahmonyand the findings offacts and conclusions which supported the issuance of the variance. c. Any request to change the ohoreland management classification nfpublic waters must be sent to the commissioner orthe commissioner's designated representative for approval, and must include a resolution and supporting data as required by Minnesota Rules, part612V.]O0O, subp.4. d. Any request to reduce the boundaries ofshorelandso/public waters must be sent to the commissioner or the commissioner's designated representative for approval. The boundaries ofshoreiandsmay bereduced when the shnreiandof water bodies with different classifications overlap. In these cases, the topographic divide between the water bodies shall be used for adjusting the boundaries. 5. Subsurface Sewage Treatment System Certificate of[omphance. 4 certificate of compliance, consistent with Minnesota Rules Chapter 7082.U7UO Subp. ]' is required whenever a permit or variance of any typo is required for any improvement on or use of the property. Asewa8e treatment system shall be considered compliant ifthe only deficienct is the system's improper setback from the ordinary high water level. SECTION 2' Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 43 Adoption Date. This Ordinance O8' was adopted on this day of 2017, by a vote of Ayes and Nays. LAKE ELMO CITY COUNCIL Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk This Ordinance 08- was published on the day of 2017. 15 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2017-012 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-166 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-166, an ordinance to amend Section 154.800: Shoreland Management Overlay District, of the City Code; 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 surnmary 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 Clerk shall cause the following summary of Ordinance No. 08-166 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Eli -no has adopted Ordinance No. 08-166, which amends the Section 154.800: Shoreland Management Overlay Disti-ict, of the Zoning Code, bringing it in to compliance with Minnesota Rules Part 6120.2800, by amending the following: The Shoreland Classifications Table is modified. o The following waterbodies are removed: Minnesota Department of Natural Resources (MNDNR) ID#s 82041900, 82041700, 82048400. o MNDNR [D# 82010500 (Berschen's Pond) is added. • Forest land conversion is added as a conditional use, and standards for this use are set forth. • Changes were made to the Shoreland Standards Table 17-3, including increasing certain minimum lot width, lot size, and structure setback standards; adding standards for lots containing triplexes and quads; adding minimum lot width standards for unsewered riparian lots and nonriparian sewered and unsewered lots; and maximum structure height. • Standards for lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions were added. • Restrictions on roads, driveways and parking area, as well as steep slopes, were added. • Additional standards for Planned Unit Developments (PUDs) within the shoreland were added. The non -conformities section was revised to reference State Statutes, Section 462.357, Subd, 1 e. and reflect the MNDNR Shoreland Model Ordinance. Standards for surface water -oriented uses were added. Administration subdivision was updated to align with Minnesota Rules. The full text of Ordinance No. 08-166 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 at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: March 7, 2017. A 1 1 EST: Julie Johnson, City Clerk (SEAL) Mayor Mike Pearson The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. TI ( :IT( )1-7 STAFF REPORT DATE: March 7, 2017 REGULAR ITEM #: 14 AGENDA ITEM: Human Resources Committee Appointment SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: At the February 21' meeting, Council vote was split 2-2 with one member absent, on appointing Mike Reeves to the Human Resources Committee. Since there will be a full Council at the March meeting, the item will be brought back before the Council. ISSUE BEFORE COUNCIL: Who should the Council appoint to the Human Resources Committee? PROPOSAL:, Council members were emailed a copy of Mike Reeves' application previously. There are currently three vacant positions on the Human Resources Committee. FISCAL IMPACT: NA OPTIONS: 1) Appoint Mike Reeves to the Human Resources Committee 2) Appoint other members to the Human Resources Committee 3) Do not make any appointments to the Human Resources Cominittee RECOMMENDATION: "ilotion to appoint Mike Reeves to the Human Resources Committee" ATTACHMENTS: • None LAKE E m0 STAFF REPORT DATE: March 7, 2017 REGULAR ITEM #: 15 AGENDA ITEM: Planning Commission Membership SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: The Planning Commission is established to meet the requirements of state statute; to develop and enforce the Comprehensive Plan and amendments to the plan, subject to Council approval and the requirements of the Municipal Planning Act; and to review and make recommendations on subdivisions, zoning applications, planned unit developments, and site and building plans as provided by ordinance. No expenditures by the Commission shall be made unless and until authorized for the purpose by the Council. The Planning Commission shall consist of 7 voting members and 2 non -voting alternate members. The voting members shall be appointed for a 3-year tenn so that only 1/3 of the appointments will expire on December 31 of each year. Any member or alternate member may be removed by a 4/5 vote of the Council, for cause. Cause shall include but not be limited to having more than 3 consecutive absences or being absent from more than 1/3 of the meetings in any 1 calendar year. The Council may consider exceptional circumstances when applying this rule. Commissioner Haggard submitted her resignation on Wednesday, March 1". ISSUE BEFORE COUNCIL: Should Commissioner Fields be removed from the Commission? If so, who should be appointed? PROPOSAL: Commissioner Fields has missed 4 consecutive tneetings this year. In 20 16, the Planning Commission met 20 times. Commissioner Fields was present at 12 meetings. Commissioner Fields met both of the criteria mentioned in ordinance of missing at least 1/3 of the meetings in any calendar year and more than 3 consecutive meetings. The Council may consider this cause for retnoval. Due to the resignation from Commissioner Haggard, Commissioner Hartley will move up to Is' alternate leaving a vacancy in the 2"d alternate position. If Commissioner Fields is removed, Commissioner Hartley would be moved to a voting member from 1 alternate and two new alternates could be appointed. As discussed at previous meetings, Terry Emerson has submitted an application for appointment to the Planning Commission. Tucker Pearce has also submitted an application. Applications were emailed to Council for their review prior to the meeting. OPTIONS: First question is on removal: 1) Remove Commissioner Fields 2) Do not remove Commissioner Fields Second question is on appointment of replacement(s): 1 ) Appoint Terry Emerson as Is' alternate and Tucker Pearce as 2"d alternate (if Fields is rem oved) 2) Appoint one of the two applicants as 2"d alternate 3) Advertise for a period of time for more applicants 4) Set a date to interview applicants RECOMMENDATION: On the first question: "Motion to remove Commissioner Fields due to the lack of required attendance at Planning Commission rneetings." On the second question: "Motion to appoint Terry Emerson as 1st alternate and Tucker Pearce as 2"d alternate." Or "Motion to appoint Terry Emerson as 2nd alternate." (If Fields is not removed) ATTACHMENTS: None IN CITY LAKE ELMO STAFF REPORT DATE: March 7, 2017 REGULAR ITEM #: 16 AGENDA ITEM: 2017-2018 Work Plan SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: Council and Department Heads held a work session on January 31" to develop the 2017 work plan. The discussion was facilitated by Phil Kern and included a review of the city's mission statement, governing principles, values, strengths, opportunities and challenges. This led to the development of a list of goals for 2017-2018. ISSUE BEFORE COUNCIL; What goals should council adopt in the 2017-2018 work plan? PROPOSAL: A copy of the 2017-2018 work plan prepared by Phil Kem is attached. On the last page is the list of goals the group came up with on January 31". They include the following: • Utilize technology advances for service efficiencies o Develop an online utility bill pay system and automated meter reading program o Implement GIS system • Construct trail improvements to area schools • Adopt level of service parameters • Develop a public facilities space needs plan (Fire Station, City Hall) • Create an economic development plan/strategy • Develop a Highway 36 management plan (City priorities) • Approve Comprehensive Plan with unanimous Council support • Develop a plan for completing 5'h Street • Conduct a review of the lighting ordinance • Stabilize and energize staff o Less turnover, increase applicant pool for open positions o Modify organizational plan to address modernizing of positions • Provide a greater variety of recreational opportunities (i.e., mountain biking, dog park, winter activities) • Implement VMX zoning downtown to encourage economic development • Maintain Council focus on priorities not personalities FISCAL IMPACT: TBD OPTIONS: 1) Adopt the goals identified in the draft work plan 2) Amend the list and then adopt the goals in the draft work plan 3) Do not adopt goals for 2017-2018 RECOMMENDATION: "Motion to adopt the goals identified in the draft 2017-2018 work plan." ATTACHMENTS: • Cover Letter from Phil Kern • Draft 2017-2018 Work Plan Honorable Mayor and Cnunni|membors City ofLake Elmo 38OOLaverne Avenue North Lake Elmo, KAN55O42 Dear Mayor and members nfthe City Council: It\smypleasure tVpresent you with the final report summarizing the work completed \nthe 2Q17Goal Setting VV0rkaesa\nnheld VnJanuary 31.2O1T, The document enclosed reviews the important work completed byyour team regarding the City'scurrent position and the direction you wish tohead inthe future. Through the discussion andbrainzdomn\ng.yourteerndiscussedtbnchtica|issuesfacingyVurn0rDn1unitvandthe strengths present onwhich b»lean toachieve your goals. \1will beimportant osyour community proceeds in the coming months and years to continue to focus an the values of your organization and set sights on achieving the common gne|S. It was my pleasure to serve as your facilitator for this important enerc)se. | enjoyed the opportunity tomeet each ofyou and work with your staff. Sincerely, Phil Kern Facilitator Submitted electronically ��°�� Lake @�� °~� �=n °�w~"�~� °~n-' ~= On January 31, 2017, the Lake Elmo City Council and Department Heads convened in a special session to discuss the status of the organization and brainstorm key priorities for the coming 1-3 year period. The session included Mayor Mike Pearson, Councilmembers Justin Bloyer, Julie Fliflet, Jill Lundgren, and Christine Nelson, City Administrator Khstina Handt, Fine Chief Greg Malmquist, Planning Director Stephen Wensman, Public Works Director Rob Weldon, City Clerk Julie Johnson, and Building Official Mike Bent. The work session included a review of the City's previously adopted mission and values, along with drafts of governing principles and core ideas previously discussed inZOl4. The mission of any organization is a statement of the overall purpose and the value proposition it aims to deliver. An effective mission is brief yet thoroughly establishes for decision -makers, staff, and its stakeholders what the organization promises to de|iver. Participants in the session reviewed the [ity/x previously adopted mission: Lake E|mo'sCommitment tothe CommunVtv To provide quality public services in a fiscally responsible manner while preserving the City's open space character. Without objections, participants generally commented that this mission statement still holds true tothe Ot/soverall purpose. Discussion also considered previously discussed "Governing Principles" that were part of Council discussions 'in 2Ul4and 2Ol5, There was some disagreement astowhether ornot these principles were formerly adopted in the past, and several participants felt that parts of these principles may not apply to the direction of the City. Therefore, it is recommended that the City focus on its mission statement as the guiding statement ofits purpose and discard the "Governing Phndp|es." The mission statement can sufficiently provide clarity as tnthe Ot/sprimary objectives ' high quality public services, fiscal responsibility, and open space preservation. Organizational values are an important statement of the norms expected at all levels. in local government, effective governance requires that members of the City Council conduct actions in a manner consistent with agreed upon values. Additionally, every day City staff members are expected to perform atahigh level onbehalf ofthe community stakeholders. Asuccessful integration of organizational values requires that employees know and understand what behaviors are expected, Some organizations go as far as to make organizational values part of Council and staff training and development. The City of Lake Elmo prominently displays its values in its Council Chambers and the lobby for all to see when entering the building. The participants agreed, without objection, that the following values should be the focus ofthe organization: Ethics and Integrity — We believe that ethics and integrity are the foundation of public trust and confidence and that all meaningful relationships are built onthese values, VisianarVLeadershipandP|anning—VVebpUevethot the very essence ofleadership )stobe visionary and innovative while planning for the future. EwceUenceandCivaUtyintheDeUverywfSerx\ces—VVebe|ievethat service toour residents is our reason for being and commit todelivering services 'in aprofessional, cnst'effect\ve,and efficient manner. Fisca|ResponsibNby—VVebeUevethatfbca|responsibiUtyand prudent stewardship ofpublic funds, both short-term and long-term, are essential for citizen confidence in government. Open and Honest Communication — We believe that open and honest communication is paramount for an involved citizenry and fosters a positive working environment for employees. Respect for the Individual — We believe that citizens we serve are to be treated with the utmost respect and deserve the best treatment the City can provide. Thoughtful Community Building — We believe in the development of our community through thoughtful, careful planning that is communicated in a positive manner that enhances the process. Professionalism — We believe that continuous improvement and innovation is the mark of a professional organization and weare committed toapplying this principle tothe services we offer and development ofemployees. ISSUES IDENTIFICATION After discussing the mission and values of the organization, the session moved on to the assessment of the organization asitexists today. This process provided participants with the opportunity tofocus on the strengths of the organization, the opportunities it has in the near future, and the challenges it has to overcome. This process provided the background necessary for participants to think about what the most critical goals are inthe coming years. The first activity focused onthe strengths ofthe organization. Specifically, participants were asked what elements ufthe City would they bemost proud topublicly share with others less familiar with Lake Elmo. The members ofthe Council and staff identified the following as strengths: ~ Growth • Diversity ofdevelopment types • Community pride w Vibrant residents ~ Present opportunity toshape the future � Engagement nfthe community w Recreational opportunities � Rural character and open space � Resurgence wfthe Library, volunteers abig part w Adjustments/Learning opportunities from the past ~ Improving governance � Low tuxes � Dedicated staff Downtown Area The strengths 'identified by this exercise paint a very positive picture of Lake Elmo's many assets. Participants talked glowingly about the active and engaged citizenry inLake Elmo, |natime when many communities struggle with volunteerism and civic participation, the fact that the session focused on these elements was animpressive statement ufthe community. The strengths also point toeconomic viability, anengaged staff, and ulow local tax structure. The brainstorming of opportunities followed the themes of many of these strengths as discussion turned towhat's next \nLake Elmo. Actively discussing and sharing perspectives of the opportunities provide a strong basis toset goals totake advantage ofwhat's possible. Participants identified the following as opportunities: * Advances intechnology that could lead to municipal efficiencies � Growth interest leading toeconomic development and downtown vitality � Growth providing a tool for improving public amenities � Governance improvement - chance to re -write the narrative and improve reputation � Comprehensive Plan update o Establish growth objectives o Opportunity for community involvement 0 Chance to"get itright" [|eady, the work session participants see the Comprehensive Plan update, and planning ingeneral, asan opportunity toshape the long-term future ofthe community, Council and staff believe that involving the community will be important to developing key objectives and establishing an effective Comprehensive Plan toguide the community. The subsequent growth n(the community can also provide many positive improvements, such as economic development, downtown vitality, and improving public amenities. The final of the three organizational assessment activities focused on the challenges the community faces, This activity requires an honest assessment of the organization, and while all brainstormed ideas are not necessarily agreed upon by all, it provides a snapshot of the varying perspectives about the challenges the City faces, The challenges brainstormed include the following: • Governance reputation w Staffing retention and hiring due togovernance reputation * Facilities fmcturod, aging, etc w Managing growth and density • Managing clear and honest service expectations with stakeholders • Split Council While many of the strengths and opportunities focused on the community, the discussion of challenges clearly focused onthe internal dynamics ofthe City team. Participants discussed the split council and impacts hhas onretaining staff and recruitment tofill vacant positions assignificant challenges. Additionally, growth pressures and effectively managing itare also challenges facing the City. Development ofaVVmrkp|an Following the issues identification phase of the work session, the Council and staff developed ideas for a goals platform toguide the Oty'sactions over the next 1'3years. This hmehameisused toestablish a workplan that can reasonably be accomplished over the next two years, but also challenges tothink of goals that may stretch the organization. Participants were asked tufocus ongoals that were measurable, manageable, and achievable. To that end, effective goals need to be within the organization's capability to control. For example, agoal such as"[neate$S0K4iUionineconomicdove|opmentactivby"maybeadesirab|e|on8'termgoo|,butin termsofthel'3yearworkp|an'thisgua|maynctbemanogeab|edueiothefact that economic factors outside of the control of Lake Elmo may prohibit its success. Likewise, the wmrkp|an should contain goals that can bemeasured and can beaccomplished inthe timeline. As the final step in the workplan development, the Council should formally adopt all, or a portion, of the goals listed below. � Utilize technology advances for service efficiencies o Develop an online utility bill pay system and automated meter reading program o Implement GXSsystem ~ Construct trail improvements tuarea schools � Adopt level ofservice parameters ~ Develop apublic facilities space needs plan (Fire Station, City Hall) � Create aoeconomic development plan/strategy ~ Develop Highway 3Gmanagement plan (City priorities) � Approve Comprehensive Plan with unanimous Council support ~ Develop a plan for completing 5m8treet ~ Conduct areview ofthe lighting ordinance � Stabilize and energize staff o Less turnover, increase applicant pool for open positions o Modify organizational plan toaddress modernizing of positions � Provide a greater variety ofrecreational opportunities (i.e, mountain biking, dog park, winter activities) * Implement VK8Xzoning downtown toencourage economic development * Maintain Council focus on priorities not personalities Next Steps The workplan is ready for review and adoption by the City Council, which will key implementation by City staff. The City has invested quality time and effort into the review of mission and values, along with the development of a goals program. Ongoing review and measurement against the adopted goals will beanimportant action step for staff and the City Council.