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02-16-16 CCMP
"111.12. AKE EI MO Oar illaciog is to Provide ,Ona/ity Public Services in et Fi,vally ReiponsiGle Irhile Preservitt_ the City's Open Spa,v Chawctcr NOTICE OF MEETING City Council Meeting Tuesday, February 16, 2016 7:00 P.M. City of Lake Elmo I 3800 Laverne Avenue North Agenda Call to Order/Pledge of Allegiance Approval of Agenda Approval of Minutes January 5, 2016 Public Comments/Inquiries Presentations komprehensive Annual Financial Report (CAFR) Award Presentation yerizon Wireless Cell Phone Tower — Downtown Location Consent Agenda Approve Payment of Disbursements I. Accept January 2016 Assessors Report 4'. Accept January 2016 Building Department Report Village Trunk Utility Improvements — Approve Reduction of Security #2 Wildflower at Lake Elmo lst Addition -- Approve Reduction of Security #3 7/. Approve Hiring of Office Administrative Assistant g. Approve Hiring of City Planner Approve Forestry Plan for Sunfish Lake Park G. .Regular Agenda Appoint Parks & Planning Commissioners Commercial Wedding Ceremony Venue v 1/3/.-Arbor Glen Senior Living Zoning Text Amendment Rezoning and Conditional Use Permit Ordinance Amendment Interim Use Permit . Approve City Administrator Contract ,y.c. 2016 Street Improvements — Approve Plans and Specifications; Authorize Ad for Bids I. Council Reports ij Staff Reports and Announcements Executive Session Executive Session to discuss litigation strategy with respect to the State of Minnesota v. 3M Company lawsuit. This portion of the meeting will be closed pursuant to Minnesota Statutes Section 13D.05, subdivision 3 (b) K. Adjourn CITY OF LAKE ELMO CITY COUNCIL MINUTES JANUARY 5, 2016 CALL TO ORDER Mayor Pearson called the meeting to order at 7:00 pin. PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren. Staff present: Interim Administrator Schroeder, City Engineer Griffin, Finance Director Bendel, Planning Director Wensman, Fire Chief Malmquist and City Clerk Johnson. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Mayor Pearson moved Item 9 to the end of the Agenda. Councilmember Bloyer moved Item 11 to the end of the Agenda. Councilmember Lundgren moved Item 5 to the Regular Agenda. Councilmember Smith removed Item 16 for consideration at a future Council Workshop. Councilmember Fliflet, seconded by Councilmember Smith, moved TO REMOVE ITEMS 10 AND 11 FROM THE AGENDA AND REFER THEM TO THE HUMAN RESOURCES COMMITTEE. Motion passed 3 — 2 (Pearson, Bloyer — nay). Agenda adopted as amended. ACCEPT MINUTES. Minutes of the November 17, 2015 Regular Meeting were discussed. The City Clerk was directed to work with the City Attorney to add further clarification to the discussion regarding the first motion on page 6. PUBLIC COMMENTS/INQUIRIES Susan Dunn, 11018 Upper 33"d Street, expressed safety concerns related to the hauling or dirt for the new storm water pond. Councilmember Bloyer provided an update on the cost of the Parliamentarian. PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements 3. Designate Official Depositories of Funds; Resolution 2016-01 4. Designate Official Publication Newspaper of Record 6. Reappoint Parks Commissioners 7. Appoint City Engineer 8. Approve Conversion of Part Time Contractor to Part Time Employee Consent agenda adopted as presented. ITEM 13: Gold Line BRT Resolution 2016-02 Will Schroer of East Metro Strong presented an overview of preliminary route and station locations for the proposed Gold Line Bus Rapid Transit. Potential commercial and residential LAKE ELMO CITY COUNCIL MINUTES JANUARY 5, 2016 opportunities associated with rapid transit were presented with data from the study conducted at the City's request. Benefits to specific populations were also presented. Jan Lucke, Washington County Transit Planning Manager, reviewed the process and timeline for bringing the project through the planning phase. Lucke also reviewed the Regional Transportation Plan and progression of the eastern end of the plan. Discussion was held concerning Met Council population forecast figures and city control of development around the bus stops. Susan Dunn, 11018 3 3 rct Street North, expressed concern over the land use around the transit hubs and population forecast numbers. Mayor Pearson, seconded by Councilmember Bloyer, moved TO APPROVE RESOLUTION 2016-02 WITH THE ADDITION OF "PROPOSED" TO THE FIRST BULLET POINT UNDER THE 8711 WHEREAS CLAUSE PRIOR TO "MANNING AVENUE PARK AND RIDE." Motion failed 2 — 3 (Fliflet, Lundgren, Smith — nay). Councilmember Fliflet stated this is not the right fit for this community and stressed maintaining rural character. Councilmember Smith stated this is a 50-100 year decision. Councilmember Lundgren expressed disappointment in not receiving the full study from East Metro Strong and added that BRT will not attract high quality development. ITEM 14: Appoint Acting Mayor Mayor Pearson, seconded by Councilmember Bloyer, moved TO NOMINATE COUNCILMEMBER LUNDGREN AS ACTING MAYOR. Councilmember Lundgren withdrew her name as a candidate for Acting Mayor. Councilmember Smith, seconded by Councilmember Fliflet, moved TO NOMINATE COUNCILMEMBER FLIFLET AS ACTING MAYOR. Motion passed 4 — 0 — 1 (Fliflet — abstain). ITEM 15: Appoint City Attorney— General Counsel Interim Administrator Schroeder reported that two responses were received for the RFP for Legal Services. Councilmember Bloyer, seconded by Mayor Pearson, moved TO RETAIN JOHNSON & TURNER AS THE CITY ATTORNEY. Motion TO STRIKE "JOHNSONAND TURNER" AND INSERT A BLANK. Motion passed 4 — 1 (Pearson — nay). Motion TO REPLACE THE BLANK WITH "JOHNSONAND TURNER". Motion failed 2 — 3 (Fliflet, Lundgren, Smith — nay). Motion TO REPLACE THE BLANK WITH "KENNEDY AND GRAVEN." Motion passed 3 — 2 (Pearson, Bloyer — nay). Page 2 of 4 LAKE ELMO CITY COUNCIL MINUTES JANUARY 5, 2016 Primacy motion TO RETAIN KENNEDY AND GRAVEN AS THE CITY ATTORNEY passed 3 — 1 — 1. (Pearson — nay, Bloyer — abstain). Mayor Pearson stated that City Attorney Snyder has kept the City out of trouble with the League of Minnesota Cities and has provided continuity during staff turnover. ITEM 11: ARpoint City Attorney — Prosecution Councilmen:Ger Smith, seconded by Mayor Pearson, moved TO APPOINT ECKBERG LAMMERS AS CITY ATTORNEY — PROSECUTION. Motion passed 5 — O. ITEM 5: Reappoint Planning Commissioners. Mayor Pearson, seconded by Councilmen:6er Bloyer, moved TO APPOINT DALE DORSCHNER TO THE PLANNING COMMISSION FOR AN ADDITIONAL THREE YEAR TERM. Motion failed 2 — 3 (Fliflet, Lundgren, Smith — nay). Councilmembers Fliflet and Lundgren expressed concern over Mr. Dorschner's behavior on the Commission. Mr. Dorschner stated that he has enjoyed working on the Planning Commission and considers it to be a very productive group. Council:ire:0er Fliflet, seconded by Councihnember Lundgren, moved TO REAPPOINT DEAN DODSON TO THE PLANNING COMMISSION. Motion passed 5 — O. Councihnember Fliflet, seconded by Council:I:ember Lundgren, moved TO REAPPOINT TOM KREIMER TO THE PLANNING COMMISSION Motion passed 5 — O. ITEM 9: Approve Planning Department Staffing. Proposal Interim Administrator Schroeder presented a recommendation to hire City Planner Stephen Wensman as the Planning Director. Councihnember Smith, seconded by Council:I:ember Fliflet, moved TO PROMOTE STEPHEN WENSMAN TO PLANNING DIRECTOR AT A SALARY OF $72,000 PER YEAR AND DIRECT CITY STAFF TO ADVERTISE, INTERVIEW AND RECOMMEND FOR EMPLOYMENT A NEW CITY PLANNER. Councilmember Bloyer, seconded by Mayor Pearson, moved TO TABLE THIS ITEM TO AN EXECUTIVE SESSION ONE HALF HOUR PRIOR TO THE NEXT MEETING. Motion failed 2 — 3 (Fliflet, Lundgren, Smith — nay). Primary motion passed 5 — O. COUNCIL REPORTS Mayor Pearson: Met with the _Hamlet neighborhood, attended Community Development Director interviews, worked on Library issues, attended Parks Commission meeting. Mayor Pearson congratulated the owners of the Lake Elmo lrin on receiving the Stillwater Chamber of Commerce Business of the Year award. Page 3 of 4 LAKE ELMO CITY COUNCIL MINUTES JANUARY 5, 2016 Councilmember Fliflet: Attended Community Development Director Interviews, worked on library issues and attended meetings concerning library issues, fielded questions on the library. Worked on internal control policies and received comments on the Parliamentarian. Councilmember Smith: Attended City Attorney interviews and was impressed with the applicants. Met with the Met Council and Washington County regarding the BRT. Thanked the Parliamentarian for his work with the City. Councilmember Lundgren: Attended the City Attorney interviews, Community Development Director interviews and spoke with citizens. Councilmember Bloyer: Attended BRT meetings, received notice regarding an WAD decision and asked the Administrator to look into the legality of Councilmember Flitlet's motion regarding him. Commented on status of FOIA requests. STAFF REPORTS AND ANNOUNCEMENTS Interim City Administrator Schroeder: Held development meetings with developers and worked on a development tracking system, attended meetings on the BRT, met with Couneilmembers, thanked staff for help on Budget Book. City Clerk Johnson: Noted workspace upgrades underway in anticipation of new staff and current needs. Finance Director Bendel: Received CAFR award designation, working on audit preparation and sending out 3,100 storm water bills and quarterly water bills. Planning Director Wensman: Working on AUAR update, preparing for a meeting with the DNR regarding the shore land ordinance, and receiving a number of development applications. City Engineer Griffin: Holding CSAH 13 open house #2 on Thursday at Castle Elementary in Oakdale, .Meeting adjourned at 10:40 pm. ATTEST: Julie ohnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Page 4 of 4 THE CITY. OF LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: A YOR& COUNCIL COMMUNICATION DATE: February 16, 2016 CONSENT ITEM #2 MOTION Approve Disbursements in the amount of $208, Patty Baker, Accountant Cathy Bendel, Finance Director Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: Introduction of Item ......... ..... ................... ..... ........................ City Administrator Report/Presentation................ ...... ...... ...............City Administrator Questions from Council to Staff ............... ..... ......................... Mayor Facilitates Call for Motion .......... ...... .................. .................... ..... Mayor & City Council Discussion ...... ................... ...... ....... ....... Mayor & City Council Action on Motion ...................... ..... ........ .......... ...... ............. Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: $208,381.83 summARy AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $208,381.83. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA -- page City Council Meeting [Consent Agenda Item 27 February 16, 2016 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 # Antolini Description ACH $ 11,936.68 Payroll Taxes to IRS & MN Dept of Revenue 02/04/16 ACH S 6,325.59 Payroll Retirement to PERA 02/04/16 DD6960-DD6986 $ 29,350.24 Payroll Dated (Direct Deposits) 02/04/16 43946-43997 S 160,589.32 Accounts Payable 02/16/16 2751-2753 180.00 Library Card Reimbursement 02/16/16 TOTAL $ 208,381.83 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 S208,381.83. ATTACHMENTS: Accounts Payable — check registers -- page 2 -- Accounts Payable To Be Paid Proof List User: Patty113 Printed: 02/11/2016 - 9:59 AM Batch: 002-02-2016 Invoice ti Inv ANCOM ANCOM Communications, Inc. 58064 01/2272016 101-420-2220-43230 Radio 58064 Total: ANCOM Total: ASP Aspen Mills, Inc. 175(176 12/27/2015 101 -000-0000-20200 Accounts Payable 175076 Total: ASPENM I Total: BANYON canyon Data Systems, Inc. 153437 11/01/2015 601-494-9400-43130 Software Support 153487 11/01/2015 603-496-9500-43180 Software Support 153487 Total: I3ANYON Total: C A C Companion Animal Control. LLC Jan -16 (12/07/2016 101 -420-2700-43 160 Impounding Jan -16 02/07/2016 101-420-2700-43160 Impounding Jan -16 02/07/2010 101-420-2700-43160 Impounding Jan -10 02/07/2(116 101-000-0000-1 1500 Accounts Receivable Jan -16 Total: Amount Qua Ilti 11111( 1)ate Description Reference 3,115.00 0.00 02/16/2016 Replacement pagers 217.60 0.00 02/16/2016 Replacement Uniforms - G Malmquist 054.00 0.00 02/16/2016 Software support 436.00 0.00 02116/2016 Soltware support 3,115.00 3.115.00 217,60 217.60 1,090.00 1,090.00 500.00 30,00 45.00 822.50 1,397.50 AI' - To Be Pr' -.14 List (OM 1116 - 9:59 AM) 0.00 02/16/2016 Animal control services - Jan 16 0.00 02/16/2016 Impound 7am-7pm 0.0)) 02/16/2016 Impound 7pni-7am 0.00 02/16/2016 NeglectiCruelty Case Task Type l'O /I Close l'OLitte No No No No No No No No 010(1 0(1(10 0000 (WOO 0000 00(10 0000 Page 1 Invoice ti Inv 1)alc Amount Quaillily Plia Date .iscriplion Reference Task Type l'O t C A C To(al; 1.397.50 CARDN1ENIB Cardmember Service 01222016 01/2-1/2016 578.9/ 0,00 02/16/20 6 Tools 101-430-31(10-421(10 Small Tools & Minor Equipment 1)12221)16 01/22/2016 235.66 0.00 02;1612016 Safety Camera 101-450-5200-42210 Equipment Parts 01222016 01/22/2010 164.99 (00 02/16/2016 Ram mounts 101-430-3100-440.30 Repairs/Mant Imp Not 131dgs (1122/(116 ()1/22/2016 64.26 0.(1(1 02/16/2016 Holiday 101-420-2220-44300 Miscellaneous 01277(116 01/22/2(116 325.00 0,00 02/16/2016 AM Ef\ 1 conference I 0 I -420-2220-44370 Conferences & Training 01222010 01/22/20 I 6 130.00 0.00 (12/16/2016 AMEN! dues 101-420-2220-44330 Dues & Subscriptions 01222016 01/22/2016 45.0(1 0,00 (12/16/2016 Constant contact 101-410- 1450-43180 Information Technology/Web 01222016 01/22/2016 279.96 0.00 02/16/20 I 6 Envelopes - SW 603-496-9500-4227(1 Utility System Mann Supplies 01222016 01/2212016 50.0(1 0.00 02/16/2016 Software - monthly 101-430-31(10-43180 Information Technology/Web (11222016 01/22/2016 29.98 0.00 02/16/2016 Budget hook supplies 101-410-1520-420(10 Office Supplies 01222016 01/22/2016 94.00 0.00 02/16/2(116 Envelopes - Regular Water 601-494-9400-42270 Utility System Maintenance 01222016 01/22/2016 53.55 0.00 02/16/2016 Phone cover 101-420-2400-43210 Telephone 01222016 01/22/2016 93.46 0.00 02/16/2016 Fuel Ill I -42(1-2400-42120 Fuel, Oil and Fluids ((1222016 01/22/2(116 252.18 0.00 02/16/2016 Books 101-420-2400-44350 Books ((1222016 0 I/2//2016 26.00 0,00 (12/16/2(116 Supplies 206-450-5300-42000 Office Supplies 01222016 01/22/2016 217.44 0.00 02/16/2016 NY Times 206-450-5300-44300 Miscellaneous 01222016 Total: 2,640,40 CARLA4F.M13 Total: 2,640,40 CAROL) EST Car Quest. Auto Parts 6971-556295 02/02/2016 101 -430-3100-42 120 Fuel, Oil and Fluids 6971-556295 Total: Al' - To Be Paid Proof List 012/11/16 - 9:59 ANI1 13.78 0.00 02/16/2016 Fluids 13,78 No 1)(1(111 No (1000 No 0000 No (MOO No 0000 No 0000 No 0000 No 0000 No OMNI No 0000 No 0000 No (1000 No (1000 No 0000 No 0000 No 0000 No 0000 2 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close # CA R()LIESIn CENCOLLE tiry College 6(16183 01/22/2016 101-420-2220-44370 Conferences & Training 606183 CENCOLLL Total: COMC'AST Comcast 01/27/2016 I 01-420-2220-44300 Miscellaneous Tula I: CONIC:AST Total: COMPASS Compass Minerals 71444891 01/27/7016 101430-312542290 Sand/Sali 7144481)1 Total: CONI PASS Total: CORN ELL Cornell Mike 02102/2016 101-420-2220-43310 Mileage Total: CORNELL Total: CIVB LOON! City of R loomingt(m Jan- 16 (11178/2016 6))1 -494-940042270 U i 1 ity System Nlaintenance Jan- 16 "Fotal: CTYL3LOOM Total: CIVOAKDA City of Oakdale Jan 2016 (12711/2016 6(11-000-0000-20803 \VAC due Oakdale Jan 2016 'Fotal: CTVOAKDA Al - To 13c Poirl l'rool Lis/ (02/) 116 - Q..59 AM) 13.78 395.00 0.110 02/16/21)16 Instructor, L. Cornell 395.00 395.00 7.90 (1.00 02/16/201(i Monthly service 7.90 7,9(/ 4,550.73 0.00 02/16/2016 Road salt 4.550 73 4.550.73 135.0(1 0.0)1 02/16/2016 Mileage reimbursentenl - training 135.1)(1 135.00 31.50 (LOCI 02/16/70 16 Lab bacteria testing - January 31.50 31.50 5,500,00 (1.00 02/16/2016 New connections - Water - 01/2016 5,500.01) 5,500.00 No 0000 No 01100 Nu 18100 No 00011 No 0000 No 0000 Page 3 Invoice6 1 nvDa(e DELUXE Deluxe Business Checks 2036034158 I i19/20 I 101-410-1320-42030 Printed Forms 2030034158 Total: DELUXE Total*. ELAMNI FRS Eckherg Lammers, P.C. 01 2016 ' 01/31/2016 101-410-1320-44330 Ducs & Subscriptions 01 2016 'Fond: ELAN-1 ERS scripliou Itelerence 81.32 0.00 02/16/2016 Deposit slips 81.32 81.32 3,5 11.21 0.00 02/16/2016 Prosec 3,511.21 3,511.21 ENIERGAU1Enter2ency Automotive Tech, Inc 24498 01/29/2016 510.00 0.00 02/16t2016 Electrical repairs - El 101-420-2220-44040 Repoirs/Nlaint Eqpt 24498 'Fotal: 510,00 EN1 ERGAUT Total: 51000 EIVIERGENC Emergency Services Markg Inc. P2016-906 01/20/2016 11)1 -000-01100-20200 Accounts Payable P2016-906 Total: EMERGENIC Total: aiv 2010 31.81 0.00 (12/16/2016 IAIVIRESPOND1NG - 2(115 annual usage 31.81 31.81 ERGR ES Emergency Response Solutions 5646 0 I i28/2016 165.14 0.00 02/16/2016 Replacement 5" inidsliin Storz caps, E I 101-00-22211-42400 Small Tools & Equipment 5646 Total: 165.14 EN1 ERG R FS Total; 165.14 Enright Enright Robert Bonus 1P/0817016 0.00 02710/2010 Bonus PC 2/8/16 10 I -410-1450-43620 Cable Operations Bonus 'Total: 25.00 Cable 0208/20I (r 55,110 0,00 02/16/2016 Coble opt:rations - PC 2/8/16 I (II-4 1(1- 1450-43620 Cable Operations Cable Total: 55.00 Fit•ight 80.00 AP - To Be Paid Proof' .ist (12/ I 1/16 - 9:59 AN1) Task Type I'l) e POI ine 0000 No (0(0(1 No WOO No 0000 0000 No 0(101) Page -4 Invoice ft lit\ Dale Autumn( Quanlily Juiit /ale 1)escriplion Reference Task Type PO ft Close POI.ine FOCUS Focus Engineci ing, Inc, 248(1-2484 01/30/2016 463.75 0.00 02/16/2016 8uiIdin 101-420-2400-43030 Engineeriin,r. 2480-2484 01/30/2016 60.00 0.00 02;16/2016 PW 101-430-3100-43030 Engineering Services 2480-2484 01/3012016 7.578.75 0.0(1 02/16/2016 General 101-410-1930-43030 Engineering Services 2480-2484 01/30/2(116 790.11(1 0.00 021[6/2016 Planning 101-410-1910-43030 Engineering Services 2480-2484 01130/2016 78.75 0.00 02/16/20 I 6 ROW 101..430_3100-43030 Engineering Services 2480-2484 Total; 3,971.25 24185 01/30/2016 1,092.50 0.00 02116/2016 \Voter 601-494-9400-43030 Engineering Scrviccs 2485 01/3(1/2010 555.00 0.00 02/16/2016 Sewer 002-495-9450-43030 Engineering Services 2485 01/30/2016 270,00 0.00 02/16/2016 Surlace Water 603-496-9500-43030 Engineering Services 2485 Total: 1,917.50 7486 0 I /30/2016 480.00 0.00 02116/2016 1) ansportat ion & Traffic 409-480-8000-43030 Engineering Services 2486 (II/311/2016 3 I 7.50 0.00 02/16/2016 Municipal Aid 409-480-8000-43030 Engineering Services 2486 Total: 797.5(1 2187 01/30/2016 13,00 0.011 02/1672016 Section 34 Water 001-494-9400-43030 Engineering Services 2487 01/30/2016 19,50 0,00 02/16/2016 Section 34 Sewer 602-495-9450-43031) Engineering Services 2487 Total: 37.50 2488 01/30/2(11 6 280.00 0.00 02/16/2010 CSA41 15 602-495-9450-43030 Engineering Services 2488 1 otal: 280.00 2489 (41130/20 16 1.576.75 0,00 02/16/20 I 6 LE Ave Trunk Waterman, 6111-494-9400-43030 Engineering Services 2489 Total: 1,576./5 2490 01/30/2016 5,670.00 0,00 02716/2016 LE Ave Corridor 409-480-8000-43030 Engineering Services 2490 "lotal: 5,670.00 2491 01/30i2016 60.00 0,00 (17/16,12016 Stale I 1 igliway 36 409-480-8000-43030 Engineering Services 2491 Total: 60,00 2497 601-494- 01/30/2016 -43(130 Engineering Ser \ ices 2492 Tout!: Al' - To Ile ' "roof Lisi (02.'11i16 - 9:59 AN1) 1,271.25 ()MO 02/10/2016 I N wood Hoosier Station 1.271.25 Nu MOO INJ 0000 00(11) Nu 000(1 No 0000 No IMO() ((00(1 N0 (woo NO (11100 NO 0000 No (080) No 0(111(1 No No 0000 No MOO NO 000(11 roge 5 Iiivic ti Ip‘ Date Amount Qaanlity Pint Dale scriplion Deference 2493 01130/2016 3,673.07 0.00 02/16/2010 Inwood 'hunk Watermain 601-494-9400-43030 Engineering Services 2493 Total: 3,673.07 2494 01130/2016 1,758.75 0,00 02/16/2016 39th Street 409-480-80(10-43(130 Engineering Services 2494 Total: 1,758.75 2495 (11/30/2016 647.50 0.00 02/16/2016 Eagle Point Blvd ,109-480-8000-431130 Engineering Services 2495 Total: 647.50 2496 01/30/2016 460.110 0.011 02/16/2016 CSA11 13 409-480-8000-43030 Engineering Services 2496 Total: 460.00 2497 0113012016 2,038,75 0.00 (12/16/2010 2016 Street Improvements 409-480-8000-43030 Engineering Services 2497 Tond: 7,038.75 2498 01/30/2016 7,181.25 OJAI 02/1(1/2(116 I N wood Water tower 601-494-9400-43030 Engineering Services 2498 Total: 2,181.25 2499 111/30/2016 934.18 0,00 (12/16/2016 Village East Trunk Sewer 803-000-0000-22910 Developer Payments 2499 Tow': 904.18 )500 01/30/2016 72.50 0.00 (12/16/2016 Leimar - 194 Corridor 803-0110-0000-22910 Developer Payments 2500 Total: 77.50 2501 01130/2016 192.50 0.1)(1 02/1612016 Boulder Ponds 803-000-0000-2291(1 1)eveloper Payments 25(11 Total: 197.50 2502 01730/2016 216.25 0,00 02/16/2016 limiters Crossing 803-000-0000-2291(1 Developer Payments 2502 Total: 716,/5 2503 01/3(1/2016 7,171.82 0,00 02/16/2016 Wildllower 803-0011-0000-22910 Developer Payments 2503 Total: 2,171.82 2504 01/30/20 6 2,397.79 0,00 02/16/2016 Village Preserve 803-000-0000-22910 Developer Payments 2504 Total: 7,197,79 7505 /3012016 3,86 1,86 1.1.00 02/16/2016 Easton Village 803-000-0000-229 Developer Payments 2505 Total: 3.861.86 1500 01/30/2016 165,00 0.00 1/2/16/2016 Savona 11 803-000-01100-22910 Developer Payincins 2506 Tolal: 105,00 2507 0(13(0016 1,062,86 0.110 02116120 I 6 Inwood 803-000-0000-22910 Developer Payments 25(17 Total: 1,002.80 AP - 10 Be Paid Pivot' List 012/1 - 9:59 AM) Task Type 11 it No ((09)) No (IMO No (1(10(1 No 11(11)11 No 00110 No ()MI No (1000 No 00(9) No 00 0(1 No fl(1(10 No 0000 No MOO No 0000 No 0000 No 11000 Page 6 In voice 0 Iui v Dale ,I.iitottilt ()it:milts Dale I/est:111111mi Itelerenee Type IT/ 0 (Anse 1'01,111v -it 75(18 01 /30/2016 803-000-0000-229 I Developer Payments 25(18 Total: 2509 01130/2016 803-000-0000-229 I 0 Developer Payments 2509 'I tal: 2510 01/3012010 803-11110-0000-229 1 0 Developer Payments 2510 T'otal; 2511 01 /30/2016 803-000-0000-229 1 0 Developer Payments 2511 Total: 2512 01 /30121116 803-000-0000-229 10 Developer Payments 2512 Total: 2513 01 /30/2016 8034100-0000-229 11 Developer Payments 2513 Total: 2514 01 /30/20 16 803-000-0000-229 1 0 Developer Payments 2514 Total: 2515 1./30/20 16 803-000-0000-2291 0 Developer Payments 2515 Total: 2516 0 1 /30/20 1 6 803-000-0000-229 1 0 Developer Payments 7516 Total: FOCUS Total: GKSERVIC Ci& K. Services 1 182531465 02/0312010 1(1 1 -43(1-3 100-44 170 UnifOrms 1182531465 Total: 93745786 01/16/2016 101-430-3100-44170 UnifOrms 93745786 To a C1KSER VIC Total: INN() \/AT Innovative Office Solution.; IN I 060477 111/27/2016 I 01-4 10-19 I 0-42000 Office Supplies I N 106047 7 Total: AP - To 13e Poi,' "roof List (02/)116 - 9:59 i\I) 682.50 0.00 02/16/2016 1 lunter's Crossing 11 682.50 875,110 (DM 02/16/2016 Savona III 875,00 46.25 (UM 02/16/2016 Auto Owner's 46.25 60,00 0.00 02/16/2016 Legends 6(1,00 62.50 0.00 (12/16/20 I 6 1SD 916 67,50 138.75 0,00 02/16/2016 Arbor Glen 138,75 720.00 0.00 (12/16/2016 !ionic 2 Suites 72)1.00 1,251.66 0.00 02/16/2016 Savona IV 1,751.66 873,75 0.00 02/16/2016 Inwood III 873.75 41,62(1.74 37,4)) 0.00 02/16/2016 Uniforms 37.40 134.60 0.00 02/16/2016 Uniforms 13-1.60 I 67.00 109.37 (WO 02/16/2(116 Supplies 109,37 areveanamwasswww. No 11000 Ni, 0000 No 0000 No IMMO No 0000 No 0000 No 0000 No 00110 No 11000 N 0000 No (WOO No (1000 Page 7 Inn ()ice t In% Itale Task 'I) pc 1'0 IV c POLinc INNOVATIolal: JANIKING 01 Minnesota, Inc NI1N02160394 02'01/2016 101-410-1940-440 10 Repairs/NI aint Contractual IlIdg NH N02160394 Ti JANIKING Total; Lath fuel Kan], Fuel Oil Service Co 545540 02/020016 101-430-3100-42120 Fuel, Oil and Fluids 545541) Total: 545541 02/02/1016 101-430-3100-42120 Fuel, (1)11 and Fluids 545541 Total; katlilucl KI AI ENG KLM Engineering, 5899 01/29/2016 803-000-00011-229 10 Developer Payments 5899 Tolal: KLIVIENG Total: KWH< Kwik Trip Inc 316313 02/01/2016 I 01-420-2220-42120 Fuel, C/il and Fluids 316313 Total'. 1K IVIK Total: Landscap Landscape Areliiiecture, Inc 02/10(2(115 I () I -410-1910-43150 Contract Services 02/01/21)16 101-410-1910-43150 Contract Services 01101/2016 I 01-410-1910-43150 Contract Services otal: Landscop AP - Re Paid rworLiq 102/1146 - Q:59 AM) Autiolual ()crudity Putil Pale Itelerence 109,37 326.65 0.00 (.12/1612(116 Cleaning Services - City - Feb 316.65 316.65 804.09 0.00 01/1612016 Fuel 804.09 214.69 0.00 02/16/2016 Fluids 214,69 1,018,78 1.5004)0 0.00 02/16/2(116 Thlobilc - antenna drawing 1,500.00 1,51)0.00 44.21) 0,00 02/16/2016 Fuel 44.20 44.20 100000 0.00 02/16/2016 llufflcrs Crossing Admin I 00.00 0,00 02/10/20 I 6 Inwood 100.00 0,00 02/16/2016 Savona 30(1.00 300.00 No n(1011 No it(1011 11000 No 0000 No 111100 No 0000 Ntr 0(100 Nu 00110 Page 8 Inv Ualc Amount( l tt<tttli43 l'in( Dale 'task LEAGMN League of MN Cities 230(175 (alr(11/2016 101-4I0-132(1-4433)) Dues& Subscrilalioll 230075 Tula LEACiNIN `Folul: LEOIL (rake Elmo Oil. Inc. 01131 /2016 101-420-22211-42120 Fuel. Oil and Fluids 01/31/2016 101-430-3100-42120 Fuel, Oil sled Fluids Total: LEOIL. Total: Lillie Newspapers Inc. Lillie Suburban Acct 007148 01129/2016 I(I1-410-1320-4351(1 Legal Publishing Aect 007148 Total: Lillie Total: LOFT Looter Companies, Inc, 2163834 02/01/2016 101-410-194)1-4404(1 Repairs/Mnirll Contractual Eqpt 2163834 Total: 1_C}FF Total; IC CARTLIY McCarthy Well Company 211648 02/05/2(II6 6(11-494-9400-4227(1 Litili(y System Maintenance 211648 Total: MCCARTIII Total; IL.NARDSO Mcnards - Oakdale 96669 01 /26/21)16 101-450-5200-4225(1 Landscap 96867 1)1/29/)016 101-420-'"20-44010 Rcpait.sJ4�4E(in( L31d 9(i8(r7 01 /29/2016 1{14-420-2220-4414(1 Repairs/Mains Eqpt 96867 Total: 6 20.110 620.0(I 620,00 0.0(1 02/16/2(116 Stonuwaler 229,64 0.0(1 02/16/2016 Fuel 18,21 (010 02/16/2016 Fuel )47.84 247,84 1 5 3,9(1 0,00 (12116/2(I 16 Notices 153,90 153.90 386,98 (1.00 02116/2(116 Copy Mach 386,98 386,98 705.00 (1,00 02/ 16/2(116 7(15.0(1 705.0(1 54,17 0,00 (1211612(11 6 54,17 3.89 0.0() 02/16/2016 02116/2016 Contribution rage and base No 000(I Net (I000 No 111111(1 No No 11011(1 No (IOW No No Invoice 6 Inv I)ate Amount. (.bitiittity l'tnt Iteference Task- Type l'() ft e tie ft M EN AR DSO Total: 97.211 MLInCOU Metropolitan Council 1051822 02/02/2010 1.789.58 602-495-9450-43820 Sewer Utility - Met Council 1051822 Total: 1,789.58 Fl*COU 1,289,58 0,00 02116/2016 Waste wafer services NI F.TSAC NI etropolitan Council Early Pay 01/31/2016 -397.60 0.00 02/16/2016 SAC due Met Council - early pay 6112-000-0000-37220 SACEarly Pay discountlrevenue discount Early Pay Total: -397.60 Jan 7016 01/31/2016 39,76(1,00 0.00 02/16/2016 SAC duc Mel Council - Jan 2016 602-000-)1000-20802 SA' due Mei Council Jan 2016 Total: 39,760.00 MEESAC Total: 39,367.40 MIN DSPAC Mind:Aimee, Inc. S20150907 01/27/2016 101-420-2220-44040 Repairs/Whim Eqpt S20150907 1otal: IVIINDSPAC `fowl: NINADNI1N Stale or Nlinnesola 496422 (11/31/2016 101 -)00-0000-20200 Accounts Ptivalile 496422 'Iota): NINADNIIN Total: ON liCALL Gopher State One Call 6010488 01/31/2016 101-430-3100-43150 Contract Services 6010488 Took ON ECALL Total: No MOO No (MOO Ni 0000 88.75 0,00 02/16/2016 leplaccinent traffic cone bodies No 0000 88.75 88.75 1,1 04,00 0.00 02%16/2016 Parlimentarian Services 11/17/15 CC. meet 1,104.00 1,104.00 113.55 0,00 (12/16/2016 Monthly tickels 143.55 143.55 PINKY Pinky's Scwcr SCITICC, 74336 01/15/2016 100,00 0.00 02/16/2016 Pumped 2 tanks 206-450-5300-44010 Itcpairs/IVItiint 131dg 74336 Total: 100,00 .Al' - To Lie Paid Proof' List 0)2/11/16 - 9:5o Am ) No 0000 No 0000 No 0000 Page 10 Invoice 4 Inv Date Amount (aii1ilv Piatt Date Description Iteference Task Type PO Close PINKY l'IC1NEFIIP Pioneer Press 1360 (11/31/2016 101-410-1320-43510 Legal Publishing 1360 "I • al: PIONEER!' Total: PITNEY Pitney 13o \ves 886612 01/29/2016 601-000-0000-20200 Accounts Pu ihle 886612 01/29/2016 603-000-0000-20200 Accounts Payable 886612 -kink PITN Total: PRAXAM PraNair Distribution Inc. 54776428 01/29/2016 101-43(1-310(1-42150 Shop 1\ laterials 54776428 'fond: PRA XAW Total; PR FAMANK Premier Bank 05-783.30-1 02/1012016 603-000-0000-37100 Surface Water Utility Sales 05-28330-3 05-2834(1-6 (12/10/2016 003-000-0000-37 1(10 Surface Water Utility Sales 05-28340-6 Total: PRENIBANK Tolal: si\ Sainbatelc. Inc 6996 01/75[7(116 803-000-0000-22910 Developer Payments 6996 Total: 6997 01/75!2016 803-000-0000-20200 Accounts Payable 6997 Total: 7029 07/07/2(116 803-00()-0000-2021)0 Accounts Payable 2(18.25 357,00 357.0(1 100.00 754.80 0.00 (12/16/2016 Legal notices )54.80 154,80 1,933,38 0410 02/16/2016 Folding/Stuffing machine 1,933,37 0.00 02/16/2016 Fokling/Stulling machine 3,866,75 3.866.75 87.57 ()M) ((2/10/2016 Shop supplies 87,57 87,57 50.00 0,00 (12/1012016 Payment posted in error 50.00 5(40(1 50.00 00,00 0.00 02/16/2016 Payment posted in error 708.25 0.00 02/16/2016 Legends n.011 07/16/2016 Arbor Glen 344.75 0.00 02/16/2016 Hunters Crossing AI' - To 13e Pal,' l'toof L ist (02.'1 I 16 - 9:59 AM) No No No No (1000 IRMO MOO 0001) No 0000 (MOO No 1001) No (MOO No (10(1() Inv 1)ale 7029 02.412/2016 803-000-0000-211200 Accnunls Payable 7029 (12/02/2016 101-000-0000-20200 Accounts Payable 7029 02102/2016 101-410-1910-43150 Contract Services 7029 Total: SAIVII3ATEK 'Fond: SAN 1SCLUB Sams ChM 02/02/2(116 101 -420-)220-44010 Repairslivlaint Bldg 07,102/2016 101-420-2220-4430() Misccllaucuus 024)2/20)0 101-420-2220-44040 Repairs/1\110ot Eqpt Total: SAMSCLUB Total: SCIILONI1KA Schloinka Service LLC 18197 (11/2701116 101-430-3100-44010 Repair/Min( Bldg 18197 Total: SCHEOMIK.A Total: Amount Quantity Fiit Dale Reference 'I ask. 74.75 0.00 1)2/16/2016 Arbor Glen 1,888.90 (IWO 02(16/2016 General - Dec 730,75 (W)) 02/16/2016 General - 3,039.15 3,604,40 4.98 0.00 02;16/2016 Station supplies 118.95 0.00 07/16/21)16 Rehab supplies 11.64 0.00 02116121116 Windshield wash 135.57 135,57 245.1)11 0.00 02/16/2016 Pump holding tanks 245.00 245.00 SURPLUS Surplus Services I 1346 01/29/2016 20.00 0.00 02/16/2016 Tools 101-430-3100-42400 Small 'Fools & Miiior Equipment 11346 Total: 20036559 01129/2016 I 01-420-2400-42000 O[6ee Supplies 20036559 01/29/2016 601-494-9400-44300 Miscellaneous 201136559 01/29/2016 1111-430-3100-42400 Small Tools & MiTlur Equipment 20036559 Total: SURPLUS Total: TI,101.6LLY The Tool Guys LLC 13431 02I09/20 1 (i 101430-3 I 00-42400 Smolt Iuol, & rY1 inor 1,-!...quipment 13431 otak Ar - to e 0akl Pru) Lis) 102/1 I /16 - 9:59 AN1) 2(1.00 150.00 100 02/16/2010 Callincts 300.00 11.00 02/16/2016 Cobinels 105,00 0,00 02116/2016 Tools 645.00 665.00 1 I 2,51 (1.00 (P/16/2010 Tools 1 P.51 Type VO e 0000 No 0000 No 0000 No 0000 No 0000 No ONO 11000 No 0000 No 000)1 No OMNI No 0000 N11 0000 Page 12 Invoice 77 Inv 1)ate 9tiatilily Pug Dale Pescriplion Reference I ask 11.(1 // (lost. POLiric it Tuut.oui -to \NiNc-rio' Twn & County Cleaning Co 216788 0210 1/2016 200-450-5300-44010 Repairs/Main( 1.31dg 216788 1 otal: TOWNCTR V Total: WACO-PW WASHINGTON COUNTY 83053 02/01/2010 1(.11-43(1-3)20-43150 Contract Services 83053 83056 02/01/2016 101430-312043150 Contract Services 83056 Toial: WACO-I'W Total: Vi,'ENDI Wendt Kevin 111/ 19/2010 02/01/2016 101-410-111(1-44300 Nliseellatieous 01/19/2016 Total: \VENDT Total: NCEE Xcel Energy 0128)016 01/1912010 101-450-5200-43810 Electric Utility 01282016 01/1972016 602-495-9450-43810 Electric Utility 01282010 00 9/2016 101-430-3160-43810 Street Lighting 01282(110 OH 9/2016 101-430-3160-43810 Street Lighting 01282016 009/2016 101-420-2220-43810 Electric Utility 01282016 01119//016 101-410-1940-43810 Electric Jfflutv 0128201(1 01/19/2010 o -430-3160-43810 Street Lighting 01287010 01/19/2016 101-450-5200-43810 Electric 01282016 0119/2010 10 -450-5200-43810 Electric Utility IP - lie paid Proof List (02(11/(6 - 0;50 ANI) 112.51 370.00 0.01) 02/16/2016 Cleaning Library - Feh 370,00 37(L(10 276.86 0.00 02110/2016 Signal maintenance T1-136 & CSAI I I 5 276.86 433.20 0.,(10 0211612016 Signal iinintctionce T1136 & CSAI I 17 - 433,26 710.12 1.125.00 (1.00 02/16/2010 Parlimentarian Services 1/19/1(i CC meet 1,125.00 1,125,00 I 24.30 0.00 ((2/16/2016 Electrical Services 1Q3.18 0.00 ()LI 6/2016 Electrical Services 34.37 (1.00 02/16/2010 Electrical Services 21.37 0.00 02/16/2(116 Electrical Services 941.70 0,00 02/1012(116 Electrical Services 355.24 0,00 02/16/2(116 Electrical Services 32.78 0,00 0:1/1612016 Electrical Services 7.86 OM 02/10/2016 Electrical Services 97.55 0.00 (12/16/2016 Electrical Services No (1000 0(100 No 0011(1 No 1No 0000 No 0000 No 0000 No 000(1 No (11)1)1) No 0000 No 0000 No 0000 No 0000 Page 13 la% oiee I/ Itir Date Antotptt Qtiaptily l'iti( Date scription Reference 01282010 01/1912010 101-450-5200-4381(1 Electric Utility 01282016 01/19/2016 601-494-9400-43810 Electric Utility (.11287(110 01/1912016 101-430-316(1-4381(1 Street Lighting 01282016 01/19/2016 101-450-5200-43810 Electric 01282016 01/19/2016 002-495-9450-43810 Electric Utililv 01287016 01/19/2016 002-495-9450-13810 Electric Utility 01287016 01/1912016 101-420-2220-43810 Electric Utility 01282016 01/19/2016 101-450-5200-43810 Electric Utility 01282016 01/19/2016 101-430-3160-43810 Street Lighting 01282016 01/19/2016 101-430-3160-4381(1 Street Lighting (11282016 01/19/2016 101-45(1-5200-43810 Electric Utility 01282016 01/19/2016 101-450-5200-43810 Electric 01282016 01719/2016 101-430-3 1110-438 I 0 Electric Utility 01282010 (109/2016 60 I -494-9400-43810 Electric Utility 01282010 01/19/2010 I 01-430-3 160-4,3810 Street Lighting 01282016 01719/2016 206_450_5300-4381(1 Electric Utility 01282016 (11119/2(116 007-495-9450-43810 Electric 11tility 01282010 0171912016 001-494-9400-43810 Electric Utility 01282016 01719/2016 101-450-5200-43810 Electric 01282010 (11/19/21116 101_430-316(1-4381(1 Street Lighting 01282016 01/19/2016 I (11-430-3 I 6(1-4,3810 Street Lighting 01282010 01'1972010 601-494-940(1-43810 Electric Utility 01282010 1 otal: AP - To Be Paid Envoi List (02/11716 - 9:59 AM) 4,05 1,233,67 34.45 165.35 15,31 13.50 520,92 402,97 1„465.51 2 1,64 11485 _4,50 2,411.27 143,47 9,11 637.39 264,49 153.22 11.73 51,62 38.44 1,211.92 10,62,4.69 0,00 02/16/2016 Electrical Services 0,00 02710/2010 Electrical Services (1.00 (1271672016 Electrical Services 0.00 02/16/2010 Electrical Services (IMO 02710/201 0 Electrical Services 0.00 (12/1612016 Electrical Scrvices 0,00 (12/16/2016 Electrical Services 0,00 02/10/2016 Electrical Services 0,00 02/10/2(110 Electrical Services 0,00 02/16/2010 Electrical Services OJAI 02/16/2016 Electrical Services 0,00 07/16/2016 Electrical Services 0,00 (12116/2016 Electrical Services 0,00 02/16/20 16 Electrical Services 0,00 (12/16/2016 Electrical Services (1 MO 02/1612016 Electrical Services 0,00 02/16/2016 Electrical Services 0.00 02/16/2016 Electrical Services 0,00 02/16/2016 Electrical Services 0.00 02/1672016 Electrical Services 0.00 02/1 61' 21116 Electrical Services 0.00 02/10/2(116 Electrical Services Task Type I'() 11 L)Liur 1/ No moo No moo No 1/11(10 No (Moo (1111111 No 0111111 (10(111 Ni' (WOO No 11000 No 0000 No 001(0 No 1)000 11000 No 1111111/ No 110110 No (1(100 No I)(11/0 No 1/(1)10 No (100(1 No 04100 No 0000 No I' a gc 1,1 invoice 4 Inv Date Amount Quantity Dale Description Deference Task "I'ype 1'0 t/ Close NCR. Total: 10,624.69 Report Flak 134,756.24 Al' 'Fo fic Pali( Proof' List (1)2/1 1;16 - 9:50 AN-1) l'avx 15 Accounts Payable To Be Paid ProolList User! Ponyn Printed: 02/1172016 - 10:12 AM Balch: 11113-02-2016 Invoice It Iiiv Dale Amount Qum!.lily Pint Pate Description Reference SW/WC SW/WC Service Cooperatives 01272016 01/25/2016 75,833.08 101-000-0000-21706 Medical Insurance 01272016 owl: 25,8,33.08 SW/WC Total: 25,83308 RepOrl TOLD!: 25,833.08 AI - To [lc Paid Proof' List (02/11/16 - 10:12 AM) 0,00 02/16/2016 1\ larch Premium FasL ype 1O ft Close I'( )I No MOO Poge TI CIT' LAKE ELMO AYOR & COUNCIL CO UNICATION DATE: February 16, 2016 CONSENT ITEM #3 AGENDA ITEM: Monthly Assessor Report SUBMITTED BY: Dan Raboin, City Assessor THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Cathy Bendel, Finance Director SUGGESTED OR1)EI.Z. OF BUSINESS: Introduction o Item ..... ..... ........ ....... . ....... ...... City Administrator Report/Presentation . . , .......................... ...... . City Administrator Questions from Council to Staff ...... ................ ...... ......„..........Mayor Facilitates - Call for Motion ........ .......... .............. .. ....... ................ Mayor & City Council Discussion........ ........ ............. ......... ...... ........... Mayor & City Council - Action on Motion....... ....... . ........... .......... ......... ..... ..................Mayor Facilitates SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly assessor report for through .January 2016 outlining work performed on behalf of the City of Lake Elmo. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION,: Property splits/plats — 0 Sales collected and viewed — 14 Taxpayer inquiries — 3 Miscellaneous inquiries - 9 Inspections - Residential — 12; Commercial — 0 Building permit reviews — 16 Pictures taken — 12 Other work performed included: • Completion of all appraisal work for the 2016 property tax year which included sales analysis, review of land valuations, neighborhood values and miscellaneous edit lists. page 1 -- City Council Meeting [Consent Agenda Item #-IJ February 16, 2016 • Monthly meeting with County residential and commercial supervisors • Input of all inspection and permit work • Perforin sales verifications and land value analysis using MLS and other resources • Field telephone inquiries RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the January 2016 monthly assessor report -- page 2 -- CITY OF LAKE ELMO AYOR & COUNCIL CO UNICATION DATE: February 16, 2016 CONSENT ITEM 4 MOTION AGENDA ITEM: New Single Family Home Permit Report SUBMITTED BY: Rick Chase, Building Official THROUGH: Rick Chase. Building Official REVIEWED BY: Clark Schroeder, City Administrator SUGGESTED ORDER OF BUSINESS: - introduction of City Administrator IZ.eport/Presentation. ..... Administrator Questions from Council to Staff.............................. ........... .....Mayor Facilitates Call for Motion ...... ........................ Mayor & City Council Discussion ......... ............. ..... ........... ............. ....... ......... Mayor & City Council - Action on Motion......................... ...... ......... ......... ........... ......... Mayor Facilitates SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly new single family home permit report through January, 2016. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: 2016 2015 2014 New Homes 16 5 0 Total valuation S4,071,68I $2,306,668 NA Average home value 254,000 461,333 NA Total Valuation YTD 9,115,875 3,946,191 $167,840 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the January, 2016 monthly new home building permit report. pag TI i (IT ( )1: LAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: February 16, 2016 CONSENT ITEM # 5 AGENDA ITEM: Village East Trunk Utility improvements — Approve Security Reduction #2, SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Stephen Wensman, City Planner Cathy Bendel, Finance Director SUGGESTED ().121/14:12 OF BUSINESS itzemoved froin theCottsent Qucstions from Council to Staff ..... ...... .............. ...... ........ Mayor Facilitates Public Input, if Appropriate................................... ..... Mayor Facilitates Call for Motion ...... . ....... Mayor & City Council Discussion ........ .................... ...... Mayor & City Council Action on Motion..., .......... ..... ........................................... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: It is the City's goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax pavers against the potential of developer default. With this reduction the remaining security amount held by the City will be $190,501.75. This amount will be retained by the City through the one year warranty period. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving a reduction in the security amount for the developer installed Village East Trunk Utility Improvements. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The developer installed Village East Trunk Utility Improvements have been substantially completed consisting of the installation of trunk sanitary sewer and trunk watennain. Since the last security reduction the developer has successfully tested and received engineering approval for the sanitary sewer and watennain improvements thereby meeting the threshold for an additional 25% security reduction for the costs of those two utilities, or $190,501.75. In accordance with Section 28 of the Development -- page 1 -- City Council Meeting [Regular Agemict Item 5] February 16, 2016 Agreement, the remaining 25% of the original security, or S190,501.75 will be retained by the City through the one-year warranty period. RECOMMENDATION: Staff is recommending, that the City Council approve, as part of the Consent Agenda, a reduction in the security amount for the developer installed Village East Trunk Utility Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve a reduction of the Letter of Creditfor the developer installed Village East Trunk Utility Improvements from $381,003.50 down to $190,501.75." ATTACIIMENT(S): 1. Engineer's Letter Recommending Security Reduction #2 for the Village East Trunk Utility Improvements. -- page 2 -- T}U�(]TY(-V� D/� �'�� �—�Y ���`x Craig Allen, Chief Manager Gonyea[ompany 10850O|d County Road l5,Suite 2OQ Plymouth, MNSS44l Re: Village East Trunk Utility Improvements Lake Elmo, Minnesota Irrevocable Letter o/Credit No. 3lO Dear Mr. Allen: VVehave reviewed and processed yourrequetdatedFebrvaryZ,ZU16foraveductioninthesecuhtyfor the Village East Trunk Utility Improvements in Lake Elmo, MN. Atthis time the Irrevocable Letter of Credit No. 310 may be ,educed to $190,501.75. This represents a reduction in the amount of $190,50175; or ZS% of the Sanitary Sewer and VVatermain Improvements. Please process the security reduction through the Lake Elmo City Clerk. Should you have any questions or require additional information, please call me 651.300.4264. Sincerely, � ��rW�� �� �� John (Jack) W. Griffin, P.E. City Engineer cc: Clark Shnoeder,Interim City Administrator Julie Johnson, City Clerk Cathy Bendel, Finance Director Stephen VVensman,City Planner 3GO0LxrezucArcuucNorth °I.AcBonn°Minnesota 5jU42 "1-1 IF CITY ("1: LAKE LLN/10 A YO COU CIL COM UNICATION. DATE: February 16, 2016 CONSENT ITEM # 7 AGENDA ITEM: Approve Office Administrative Assistant Hiring SUBMITTED BY: City Clerk, Julie Johnson THROUGH: Interim Administrator, Clark Schroeder REVIEWED BY: Clark Schroeder & Cathy Bendel SUGGESTED ORDER OF BUSINESS: Introduction of Item ..... ........ ...... Interim Administrator Report/Presentation...... ...... ...................... ..... __Interim Administrator Questions from Council to Staff.... ........ ......... ..... ............. Mayor Facilitates Call for Motion ......... ............... ........ ..... ......... ....... Mayor & City Council Discussion... .......... .................... ...... ............ ........ Mayor & City Council Action on Motion ....... ........................... ......... ......................... Mayor Facilitates POLICY RECOMENDER: Interim Administrator and City Clerk. FISCAL IMPACT: This is a full time non exempt position at $19.50/hr with an estimated fully loaded cost of $60,870.64 per year assuming family medical and dental coverage. SUMMARY AND ACTION REQUESTED; We received almost 50 applications for this position, and of those. 6 highly qualified individuals were interviewed. References have been verified and background check conducted. We are recommending that Patti Stucke be hired with a start date of February 24, 2016. Ms. Stucke has accepted the position contingent on approval by the City Council. RECOMMENDATION: If pulled from consent agenda, motion should be: "Motion to approve fillingthe Office Administrative Assistant position as recommended by City Staff." page 1 -- TI-11:: CITY 01= LAKE ELN 0 AYOR & COUNCIL CO UNICATION DATE: February 16, 2016 REGULAR ITEM # 8 AGENDA ITEM: Approve Hiring of City Planner SUBMITTED BY: Interim Administrator, Planning Director, City Clerk THROUGH: City Clerk, Julie Johnson REVIEWED BY: City Clerk, Julie Johnson SUGGESTED ORDER OF BUSINESS: introduction of Item ....... ........... interim Administrator IZeport/Presentation...... ......... . ....... ....... ........... __Interim Administrator Questions from Council to Staff ......... ...... ........... ................ Mayor Facilitates Call tOr Motion .................... ....... Mayor & City Council Discussion .......... ..... ........ ................ .......... ................ Mayor & City Council Action on Motion ......... .......... ................. ....... .............. .......... . Mayor Facilitates POLICY RECOMENDER: City Council FISCAL IMPACT: To be determined SUMMARY AND ACTION REQUESTED: Interviews were held this week with candidates for City Planner. Staff is currently negotiating an offer with a candidate and will provide additional details prior to the meeting. RECOMMENDATION: "Motion to approve the City Planner hiring as presented." TK (Try or KE ELMO A yoR & COUNCIL CO (JIVICATIQN. DATE: February 16, 2016 CONSENT ITEM # 9 AGENDA ITEM: Approve Forestry Plan for Sunfish Lake Park SUBMITTED BY: Public Works Superintendent Mike Bouthilet & Parks Commission THROUGH: City Clerk, Julie Johnson REVIEWED BY: Parks Commission SUGGESTED ORDER O BEJSINESS. Introduction of Item .......... ...... ...... Interim Aunt in is (rotor Report/Presentation ..... _ ....... _Interim Administrator - Questions from Council to Staff ...... ....... ....... ..... ...... Mayor Facilitates Call for Motion Mayor & City Council Discussion........ ...... ......... .......... ........„ ..... ....... ........ Mayor & City Council - Action on Motion.................................. ..... ............................. Mayor Facilitates POLICY RECOMENDER: Parks Commission FISCAL IMPACT: TBD SUMMARY AND ACTION REOUESTED:. The attached plan was presented to the Parks Commission and approved at their September 2015 meeting. The Council is being asked to approve the plan so it can be provided to the Minnesota Land Trust as part of the ongoing management of the park. RECOMMENDATION: lfpulled from consent agenda, motion should be: "Motion to approve the Sunfish Lake Park Forest Management Plan." -- page Forest Management Plan- Sunfish Lake Park, City of Lake Elmo. This Forest Management Plan is an addendum to the Natural Resource Plan completed in 2011. The background information completed for the 2011 Natural Resource Plan for Sunfish Lake Park is quite extensive and provides the usual background information which is required in an approved Forest Stewardship Plan. Therefore the information in the Forest Management Plan will focus on the heavily wooded portions of the park, using information from the previous 2011 report and new field work conducted for the Forest Management Plan. Contained within the plan are a number of management scenarios which the City can examine and weigh to achieve a positive outcome. The basic goal in all of these approaches is to maintain and promote a long term healthy and diverse forest. The City's ability to fund the projects, supply needed labor and equipment, and judge the acceptance of the Park users to the various disruptions and aesthetic changes, will determine the path it takes in achieving its goals. Thank You, Steven J. Kunde SAF Certified Forester Tabte of Contents LandInformation ................................................................................................................. 3 General Property Description ---.-..—.-------.—.----_..'.-....—.-.-_-'-,,-,,-,..''4 Land Trust, Natural Heritage Information ........................................................................ 5 CulturalHeritage Information ............................................................................................. 0 SoilInformation ..................................................................................................................... 9 Cover Type Information: Mixed Oak ..--.---.-.-..-------...—.----...--_13 Cover Type Information: Aspen ............................................................................. 15 Cover Type Information: Pine ................................................................................ 17 Plan Recommendations Overview ...................................................................................... 80 High/Medium/Light Intensity ........ ............................................................ ~19-22 BuckthornControl ..................................................................................................... 23 Planting................................ ..... ................................................................................ %4 Climate Change Information ........................................................................ 25 FireThreat Reduction ............................................................................................... %# OakWilt Inspection ................................................................................................... 30 TimelineofActivities ............................................................................................................ 32 BDw»vd*wn Area photos ....................................................................................................... x% Questions for the Park Board toCwnnidec----.—__.-_-.....-----....----'_.----30 FinalRecommeodationn.......................................................................................................... 37 Resources and Assistance ..................................................................................................... 38 2 LANDOWNER: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 Land is located in Washington County. PREPARED BY: Steven Kunde 4316 370th St. North Branch, MN 55056 PLAN DATE: August 2015 Legal Description: PIN's Society of American Forester, Certified, Minnesota Plan Preparer # 1103 Total Acres. 284 1402921220001, 1502921110001, 1502921210002, 1502921210003, 1002921340001 This Forest Management plan is designed to assist your management activities of the natural resources on your property in harmony with the regional environment. Recommendations are based upon your goals and are for your consideration. THE GOALS YOU IDENTIFIED FOR MANAGING YOUR PROPERTY ARE TAKEN FROM THE 2011 NATURAL RESOURCE MANAGEMENT PLAN. General Management Goals The 2011 management goals for Sunfish Lake Park are "to protect and enhance the natural resources of the site, to improve the native plant communities, improve wildlife habitat, and improve the nature experience of park users who visit the site to hike, cross-country ski, go horseback riding, watch wildlife, and enjoy the open spaces". Within the General Management Goals are to "protect and enhance the natural resources of the site and to improve the native plant communities." The primary objective of the forest management plan is to provide a framework for long term structured management of the forest cover type. Additional goals are to: • Increase tree species diversity. • Increase tree age class diversity. • Mitigate wind damage caused by 2013 storm. • Reduce resulting fire danger from increased fuel load. The first three of these goals can be accomplished by establishing or planting the future forest in the wind and diseased affected areas. General Property Description: (Portions from 2011 report) Sunfish Lake Park is located in Washington County, in the City of Lake Elmo (Township 29, Range 21W, covering parts of sections 10, 14, 15 and 16) and is primarily accessed by an entrance off Hwy. 5 to the south. It is a park of 284 acres and has been noted as a regionally significant natural area by the Minn. DNR. The park is just north of the Lake Elmo Park Reserve and is part of an ecological corridor from the Tri-Lakes area of Lake Elmo, down through the LE Park Reserve. The park land is gently rolling to steep slopes with ravines and small wetland pockets. The property is bounded by farmland to the south and southwest, a landfill on the west and wooded property on the northwest. The northeastern and eastern portion of the property is developed with homes present. Access to the park is available from the north, west, and south. 4 Minnesota Land Trust A meeting was held on site with Ann Thies of the Minnesota Land Trust to discuss the possible forest management activities for the Park. Ms. Thies discussed the overall situation with the blowdown, buckthorn, and fire hazard and the management options to mitigate the problems and to enhance the forest long tenn. The work covered within the plan would fall within the covenant in section 3.3 as follows: Forest and Habitat Management. The Protected Property may be used to create, maintain, restore, or enhance habitat for wildlife and native biological communities in accordance with a restoration or habitat management plan approved in writing by the Land Trust. The Owner may remove timber and other wood products and otherwise manage the vegetation on the Protected Property in accordance with this approved plan. Following is the request from Ms. Thies regarding individual site and management activities. "We discussed your interim plan for the trails and we would like to see another proposal with just the specifics of what you want to do, where and when, with a map of locations. Referencing and showing photos will also help. How much work will be on -site and where. This request then needs to come from the City as the owner of the property, and to confirm that they understand and are in agreement with the trail plan." As the City moves forward with the overall management plan and decides at what level the activities will take place, a more detailed report outlining the specifics of each activity, it's exact location, and when each activity will take place can he given to the Land Trust for approval. A short work form would be beneficial to both the City and the Land Trust to plan the work and track the outcomes of the management activity. This work form could use aerial photography to show the location of the work, pictures attached and a description of the activities and time table. These specific details can be provided once the City decides the questions regarding funding of activities, park use disruption and general cover type management decisions. Natural Heritage Information The Minnesota Natural Heritage Database is a listing of endangered, threatened or special concern (ETS) plant or animal species. Following is infonnation provided by the DNR with regards to ETS species on or near the property. 5 N1NDiR MBS Biodiversity Significance and Native Plant Community Map for: Forest Stewardship Plan by Steven Kunde for City of Lake Elmo - Sunfish Lake Park NE1I4 and NENW Sec. 15, SESW Sec, 10, NWNW Sec. 14, all in T29N R21VV Washington County OE5 GIS shapefiles of MBS Sites of Biodiversity Significance and MBS Native Plant Communities can be downloaded from the DNR Data Deli at http://delLdnristateimniusi Legend Property Line F-1 (-4rniin3 PLS 40s MBS Sites of Itiodiversity Significance p—A Outstanding f--71 High Moderate Below Mapped Native Plant Communities near or on property None 2 Miles Copyright 2014, State of Minnesota, DNR Rare Feature, Prairie Railroad Survey, Native Plant Community, and Sites of Biodiversiry significance data are from the Natural Heritage Information System, The absence of rare features for a particular location should not be conslrued to mean that the DNR is confident rare features are absent from that location, Created June 2015 Data valid for one year Cbe:k E".):1-tuile_steven_29_2115_25,) Minnesota Natural Heritaze Information System Lick Report of records within I mile radius of: Forest Stewardship Plan by Steven Kunde for City of Lake Elio - Sunfish Like Park n1,4 and NFA7 SF.% 15, SESW Sec, 10..N\MV Sec, 14, all in I-29N R11W Washington County DN PFNI Led 7 env 16.1er Pace 1 of3 c Rare Features Database: Scientific Name, Co uoaName, Count Federal NLN Draft SG-CN State Global Starts Status Status Status Rank Rank Terrestrial Community - Other Cla'Aficatioo Oak - iTe ft1e (Oak - (Red Mf. le) NA S4 GIR WoodIaza Tyr e Woodland) Wailinfteu Coun7 Surd Beach Inland; Lake) (Saud Bench (him! I. ice)) Ni SI GNE Wash:anon C011ary ("out of Teneittial Connzuzitn,. - 0thr Ca:•ii, n(tyc: '2 Vertebrate Animal Bute:, Imeanz (REIshoullirEd Hawk) S 1: S31 S1`.,TKI 05 Vinton Count irleoston crirreg-tca Dar) ST-C E;CiC1,: S:. 05 inton Coun:y 14.31,3EFUS leuce:ertialus (Ea:Er) WaiNist S3B,S3N 05 WaitiaT,1011 Con* N,5croo is ano nem (Plapoli Sr) TIE,. SG-CN 03 Washiapau Ceua:y Count of Veaticrrate onvrht 1614. Division of Fore:trr. State of Nlinne:ota DNR 7 Created June 2015 Check ID: kunclesteven29_2115250 NIBS Sites of Biodiversity Siguificauce ou or adjacent to t : Forest Stewardship Plan by Steven Kunde for City of Lake Ehno - Sluttish Lake Park NE1/4 and NENW Sec. 15, SESW Sec. 10. NWNW Sec. 14. all in T29N R21W Washin2ton County Site Name: EAST OAKDALE 15 Site Rank: Moderate DNR PFNI Lead: Tony Nfiller Page 1 of 1 Site Description: OAK WOODS ON ROLLING TOPOGRAPHY OF PITTED MORAINE. SANDY. GRAVELLY LOAM RIDGES AND DEPRESSIONS. CANOPY TREES OF RIDGES MOSTLY QUERCUS RUBRA. Q. ALBA. Q. MACRO- CARPA DISTRIBUTED EVENLY WITH SOME LARGE OPEN -GROWN SPECIMENS SUGGESTING THAT THE AREA MAY BE AN OVERGROWN SAVANNA DRY DEPRESSIONS CONTAIN OAK cC: ULMUS RUBRA. Site Name: LAKE ELMO REGIONAL PARK RESERVE EAST Site Rank: Moderate Site Description: DEGRADED OAK WOODS ON ROLLING TOPOGRAPHY OF THE MISSISSIPPI OUTWASH. DARK SANDY LOAMSOILS. QLTERCUS MACROCARPA & Q ELLIPSOIDALIS ARE DOMINANT TREES ACCORDING TO 1971 SURVEY BY SCANLON, WOODS HAD MANY DISTURBANCE SPECIES INCLUDING LONICERA TATARICA. NORTH END REPORTEDLY MORE DISTURBED THAN THE SOUTHERN PORTIONS. Cultural Heritage Information The Cultural Heritage Database is a listing of identified historical or cultural sites which may have been identitied on your property. No Cultural Heritage sites have been found on your property. Soil Information A soil map and soil information is provided. This information is useful when making management decisions. These could include determination of species to plant, wildlife plantings, drainage issues, road placement, etc. The soil map shows soil forrnations beyond the limits of the property. A complete soil report will be provided in a separate document. 9 ap Unit Legend Map Unit Symbol 4PC 490 122 1 53a 1556 l'aEC 1 5.54) 2 er5 30 3CC.3 302.2 Washington .County, Minnesota IMN163), Map Unit Name Acres in AO Percent of AGI Anligo sit In. 2 to e pelt a, 1 slopes-. Anego sit loam, to 12 per,x.rt 0.5 slopes Bnll silt loam (3.2 Sarrtiap s,..°o.arn, 2 to 5 percert 4.7 slopes C-retek sandy loam, 0 to a 0.7 pemert slopes C?etek sandy loam, to. 12 23.8 pert slopes 0-etel,* sandy loam, "12 io 25 02_5 pe,oe7t slopes Freer. loam 1.a LindstrcirrstJrr. 2 to 4 2.1 pet:eft slopes RDs,-.4-,.it sandy learn, '1. to. a 5.5 percent slopes Fos.olt sandy learn, to 15 27.8 pert slopes Cryst-A Lake sft loam, 1 to 3 pecan slopes 0.0 452 TstxkS1ftb3In 11.5 4.548 M.7.41to1redi loamy sand, 0 to 5, 1.8 peroert Elopes 4 54D Mahtcrredi b,a-ny sand, t 2 to 25 12.4 pemert slopes 454E M-Mtornedi bary.sand, 25 to 40 3.8 pe.Dert slopes 507 Pcskit 8050 Mahtcfredi-Krigsley conisx, 39.4 12 to 25 percent sopes 1040 UcOrthents /24 1055 Aqupis arO His, pored 1.3 1E47 Barronett silt Icarn, sa7dy 15,1 subsmrn 'N Water Totals for Area of Interest 5.1 2,1 0.25; 2.1 101174 3/25 .7%. 9t,75; 0,3%, 4.0%1 13,7 287.7 100.041 11 Forest Cover Type Information The following forest cover type information and management objectives are based upon field investigation and review of the 2011 Natural Resource Report. 12 Cover Type Information: Mixed Oak Description The mixed oak stand comprises the majority of the forested area of the park. This oak cover type contains a mixture of red oak, pin oak, bur oak, white oak, red maple, black cherry, hackbeiTy, elm, ash, birch, aspen and an understory of ironwood. Within the cover type are several small ponding areas which contain small pockets of aspen and birch surrounding them on the lower ground where water levels can fluctuate. The oak forest is very important to wildlife and is ranked one of the highest valued cover types for many varieties of wildlife. Anywhere within the oak forest area there is adequate food, cover and water resources within a short distance The diameters average 12 inches for the overstory trees with individuals in the 20 inch plus range. This represents a mature oak forest. The Basal area within the oak cover type which was not affected by wind damage averages 90, which indicates a fully stocked forest. In the areas of wind damage the basal area ranges from 20 to 60 depending upon the amount of tree loss the site has suffered. There are pockets within the stand which have extensive tree loss due to the storm. The DNR Natural Heritage review indicates the cover type as an Oak/Maple type which is found within the site however the majority of the red maple are found in two predominant areas. There is a larger pocket of red maple in the northwest comer of the park and also on the eastern portion 13 of the park north of the larger pond. Red maple is a beautiful tree in the fall; however, its wildlife value is quite low compared to all oak species. Within the oak type are a number of blow down areas ranging from a few trees, to the largest area in the northeast portion of the park, just south of the houses. The winds came from the west- northwest as can be seen in aerial photography. This largest area is approximately 4.5 acres in size. This area did have a higher number of aspen growing within it and the larger bigtooth aspen were blown down along with scattered oak on the site. The northeastern blow down site contains the aspen type and adjacent portions of the oak cover type which surrounds it. In the areas with the heaviest damage, there remains about a 40 percent residual crown cover. Some areas have less damage with trees leaning but not blown over. This site sits on a higher portion of the park and was more exposed and vulnerable to damaging winds. There are numerous trees of various species which have broken off and/or tipped into healthy trees. These trees are leaning into healthy trees which can cause wounding as the trees are constantly moving in the wind and rubbing against each other. These leaning trees can also cause increases in oak wilt as they cause wounds and will eventually fall as the wood rots. There are pockets of oak wilt within the oak cover type which have been identified in the past and mapped. The oak wilt in the park is generally contained in the red and pin oaks and will generally move through a portion of the stand and kill only the red and pin oaks through root grafting. The infection center will expand by grafting to oaks of the same species. The disease will move as long as there are other oaks of the same species present. The distribution of other oak species and other tree species in general will reduce the spread potential. This grafting does not (or very seldom) take place between different species such as red oaks to bur oaks or white oaks. Because the stand is made up of a nice mixture of reds and whites, the affect of the disease is lessened. The disease centers should be monitored during the growing season and efforts made to control the disease in areas where there is a larger population of the species affected where it could continue to move through the forest killing larger numbers of trees. It is important to not create any wounds to any oak specie during April, May or June. Generally tree work on oaks is late fall through the winter. See the oak wilt map at the end of this report. 14 Cover Type Information: Aspen The cover type identified as aspen are located as shown on the map on page 12. The aspen type was probably a result of seeding into open disturbed areas. The history of the site would indicate that the land was probably grazed and contained primarily bur oak with scattered red and pin oaks in a pasture setting. Once the grazing was ended the site began filling in with tree species. The red oak seeding in where there was enough light to thrive and the aspen seeding into the larger open areas where there was little tree cover and a disturbed soil. Aspen is a specie that is a good wildlife tree and is often associated with birch. The aspen on the site are of both "Trembling Aspen" and "Bigtooth Aspen". The sites are primarily located on the eastern portion of the property, with the three main areas as indicated. There are smaller edge pockets of aspen/birch throughout the park, which occupy the edges of the wetlands. Often young aspen can be found growing in these areas as the fluctuating water levels in the ponds allow the trees to grow and populate the pond edge during drought times but are killed or knocked back during times of high water. The trees will constantly be going though a transition 15 of growing conditions which they have adapted to. Because the aspen need full li the opening of the pond fulfills that need. o establish, The aspen cover types are generally medium to mature in age with the majority of the site in the 40+ year age class, At that age, the more mature aspen will begin to fail or decline in health and structure. The trees will develop cankers and begin dying from the top losing major limbs. These trees are also more susceptible to wind throw and damage during storms. In nonnal natural situations, the loss of these trees would be a natural transition to an intermediate stage of forest, which would occupy the site of the aspen as they fail. They would be replaced by many different species that have some shade tolerance, including oak, cherry, elm, ash, boxelder, white pine (if a seed source is present), hickory, walnut, etc. Buckthorn does occupy a large portion of the understory of the entire forest within the park. There is enough small buckthorn in the aspen stands to out -compete any other species as seedlings. Once the stand begins to open because of the loss of the aspen by wind storms or natural decline, these young buckthorn will grow rapidly and occupy the site. Experience has shown that if aspen and buckthorn are cleared at the same time to create an opening, the aspen will outgrow the buckthorn and reestablish itself on the site. It is not uncommon to see thousands of stems per acre or aspen repopulate a site after cutting takes place. Two years after clearcutting, there should be a least 5,000 aspen root suckers per acre Photo © University of Minnesota Extension Natural succession of this forest cover type is to go from aspen to an intermediate shade tolerant forest, and then over time convert to a stand with larger numbers of shade tolerant maple and basswood. This process can take hundreds of years and in nature is interrupted by periodic 16 disruptive events like fire and wind storms. The forested areas in this region have always been in transition with pioneer forests, intermediate forests and climax forests being mixed and changed as events occur. This mixture of forest types is very beneficial to many species of wildlife with many different habitat requirements. The aspen sites within the park have significant blow down areas and are advancing toward maturity. The decision will need to be made as to how to handle the aspen blow down areas and also the older aspen stands adjacent to the trail system in the southern portion of the park near the parking area. Two options exist within the aspen blow down areas. 1. Create small patch cuts of approximately 1-1.5 acre in size and allow the regeneration to reestablish the aspen cover type. 2. Inter -plant the blow down sites with other species and move the stand to a mixed hardwood stand. with some residual aspen but suppleinented with hardwood plantings, The trails with high populations of large mature aspen wili continue to produce unsafe trees due to age and the general way aspen will die. The tops will slowly die off with large branches breaking and falling sporadically. Options. 1. Leave the sites alone and monitor for hazard trees. Remove them on a yearly basis. Under -plant with shade tolerant species over time. 2. During a harvesting process remove a portion of the large trees so the areas can be inter - planted with other hardwood species. Over time convert the site from aspen only to a mixed hardwood forest cover type. Cover Type Information: Pine There is a small area of planted red pine near the parking area as shown on the cover type map. These pine were planted approximately 20 years ago and range in diameter from 5 to 8 inches depending upon their placement. Outer trees that receive the most light are larger and exhibit a more open grown appearance with a larger crown and side branching. The grouping of trees is somewhat congested in a few spots but the trees are healthy at this time with no apparent disease or insect problems. No management activities are needed at this time. 17 Plan Recommendations Overview Although the Park is considered a "Natural Area," the land has been highiy influenced by past and present human activity. In Pre -Colonial times some lands were burned for hunting and security purposes and later the Settlers controlled fires and cleared land and grazed the forests. In the present, the introduction of invasive species has dramatically changed the natural progression of the forest. All these factors have constantly changed the natural progression of the forest and made some form of management needed to maintain a vibrant and healthy forest cover type within the Park. The greater purpose and ultimate goal of this plan is to maintain a robust forest ecosystem that can survive and flourish over the next 100 years and beyond. Many of the management activities to achieve this goal vary greatly as to their short term impact and aesthetic impact. While the methods may vary dramatically, there are certain requirements and growing conditions that must be met to allow the various species of trees to flourish on the site. Some species need full sunlight to thrive while others can survive in a dense forest overstory. Soil. conditions, and soil types, aspect (direction the slope oldie ground is facing), competition, germination requirements, and browse susceptibility will all impact survivability. The oak forest is naturally supported by tires moving through the understory and removing the invading shade tolerant species of thin barked trees and shrubs. It also removes the duff layer of compacted leaves and releases nutrients into the soil and opens up the soil to seed germination and allows the oaks to continue on the site. These fires historically would take place periodically, consuming the buildup of fuel that is found on the site presently. With the mineral soil exposed, thousands of acorns would sprout and grow. Of these thousands of seedlings, only the ones that had enough light, moisture, and room to grow and weren't eaten by wildlife will. make it to maturity, maybe 100 - 200 trees per acre. Oak seedlings and saplings numbers are very low within the oak areas and also within the small openings created by the oak wilt pockets in the park. Even though the area would support oak or other forest tree regeneration, these small openings are being over -grown with buckthorn. With the very low numbers of regeneration trees, the forest will slowly be lost to the thick dense stands of buckthorn. This will occur slowly as the large over -story trees are lost to old age, disease, wind storms, insect outbreaks, etc. As this happens, the buckthorn that are currently growing in the understory are given the light to "take off'. As these buckthorn plants flourish, other trees and shrubs have little space or light o germinate and grow. 18 Therefore the five primary management activities that will focus on maintaining a forest cover type are: • Cutting/processing of the blow -down areas and oak wilt infection centers to allow for planting or natural regeneration. • Buckthorn treatment either on a large scale or on an individual planting site scale. • Planting strategically to establish the future forest within the blow down areas and oak wilt sites and also to transition existing maturing aspen stands to lower maintenance mixed hardwood cover type. • Fire threat reduction and improving the aesthetic quality of the trails by rernoving the scattered storm damage and hanging trees from various areas of the park. • Oak Wilt Inspection completed on an annual basis. The planting or promotion of natural regeneration is the ultimate management need for the goal of maintaining a forest long term in the park. Over the next 100 years the most important aspect will be planting. Cutting/processing Three different levels of intensity of treatments options which would provide for the ultimate goal of maintaining a forest cover are outlined below. 1. High Intensity The use of a bio harvester or logger to remove the pockets of blow down, oak wilt and selected leaning trees would provide some income to the community for future forest management. The machines that are used are large track machines that can move a quantity of wood material in a short amount of time. While, these machines can scarify the top soil, they do not produce a significant amount of compaction due to the width of the tracks. They are capable of grabbing a large tree up to approximately 20 inches in diameter, cutting it and laying it down. The tree is then either moved as a full tree to a processing site on the edge of the park or it is de -limbed and the trunk is moved. The material removed is then separated into a log pile and chip pile. These materials are then chipped on site and hauled away or hauled in log form from the site. Often trees which have been broken or toppled by wind storms are not suited for logs because the tremendous forces which damaged them also caused the structure of the wood within the trees to be degraded. This is called "ring shake," it causes the growth rings within the wood to separate making it unsuitable for lumber. The cutting process would involve laying out a plan that would address the exact areas and boundaries for the cutting area by marking the removal trees or marking the edges of the cuttin zones. Once marked, the logger and city can review these sites and set up work areas for processing and identify access points and haul paths. Minnesota State Guidelines or current 19 BMP's (Best Management Practices) would be followed for standing dead leave trees and downed logs per acre for wildlife habitat. The process would be expected to take 2-3 weeks to accomplish with hauling taking place as needed and agreed upon. Pros 1. The bio-harvest/logging time is relatively short, taking 2-3 weeks for the harvest portion when the park would need to have restricted access. 2. Although disruptive, the compaction to the soil will be reduced because of the large tracks and wide tires used. would be expected that the City would receive some income for the material removed, but this would depend upon restrictions and conditions that are placed upon the contractor. It should be noted that most cost -share programs will help pay for buckthorn control and planting but not for removal. 4. All sites would be safe for planting crews to proceed the following spring to replant the sites. Current conditions with heavily damaged and leaning trees are unsafe in off trail areas. 5. Buckthorn control in these areas would be less difficult. 6. This process would remove a significant amount of fuel wood which would aid in reduction of the possibility of a wild fire. Cons 1. Aesthetically the logging or harvest sites will look as though they have been logged with scattered debris and some disruption of soil. This view can be disturbing to park users who are not accustomed to seeing this type of disruption. Brush will be bent down and crushed and there will be some damage to the trails, which will have to be restored. This can either be accomplished by city crews at a later date or could be incorporated within the cutting agreement. 1 have included a link to a YouTube video that shows a blow down clearing area using large equipment similar to what would be used within the park if this option is selected. littns://voutu.be/d02HbvvcAQs 2. Medium Intensity The use of city crews or firewood contractors to work on smaller areas at a time, over a longer period of time. This option could take place over one season or several depending on the time the city crews would have to complete the operation. Crews would work on a smaller scale with smaller equipment to clear blow down in the selected areas and also work on the oak wilt pockets. The crews would cut and drag or haul material to a 20 landing where an outside chipping company or rental chipper could be used to process the material into chips, which would be used within the park trails and around the city. It could be expected to take several seasons to work through all the blow down areas and oak wilt pockets within thc park. These work areas would then need to be prepped for planting by removing all or a portion of the buckthorn within the cut area to allow for plant survival. Pros L Probably more aesthetically pleasing due to the smaller scale and the flexibility of time with which to accomplish the activities. The individual sites will probably look about the same depending upon the equipment used to remove the downed and leaning and dead trees. What usually remain on the site are the broken brush and tops and branches that break off and are left. From an ecological perspective, the small woody material is important for wildlife habitat. 2. You may only need to close small portions of the park to users at a time. (With the high intensity program, the entire park would possibly need to be closed.) 3. There will be less disruption to the trails and soil if rubber tired equipment is used on the site. (However compaction of soils will be increased in some work areas that are not frozen) 4. The other management activities (buckthorn removal/treatment and planting program) can be planned over a three year period or so, instead of needing to be accomplished within the first year. Cons 1. Often the actual ability to move large quantities of material on the site is beyond the capability of smaller crews and equipment available. 2. There will be a loss of revenue that would be obtained with a larger bio harvest format. 3. The actual removal process should be scheduled so it doesn't get bumped by other projects that come up. Later activities such as buckthorn treatment, planting prep, and tree ordering will depend upon the removal process being completed. 3. Light Intensity From a pure habitat perspective, the amount of downed wood and standing dead wood is really a benefit to various species of wildlife. Therefore it would be possible to do a light intensity removal for fire suppression purposes in various areas while leaving the majority of the site with downed trees. The use of firewood contractors along various trails to remove enough downed 21 material to create fire breaks and creating a buffer zone on the edges of the forest line to reduce fuel load would reduce the opportunity for fire to become out of control. Many of the trees are in areas of little use by park users and could be left where they are and crews could be used to get leaning trees or multiple groupings of trees on the ground by using chain saws and small equipment. Once on the ground, the wood absorbs moisture and will begin to rot. Trees that are broken and leaning onto healthy oak trees would be felled or pulled off the healthy tree. These leaning trees can continually rub on a healthy tree and cause a wound, which can spread oak wilt in the park. Pros 1. This option would be the least invasive to the site, as it leaves all the material except that which is removed for fire control on the site. 2. The cost would be less as the equipment requirements would be far less. 3. There would be an increase in habitat due to the increase in downed material in the forest. 4. There would be minor closures of the trails during work periods because little material would be removed. 5. Little disruption to the trails or soil in the cut zones would occur. Cons I. This option would increase the difficulty with both buckthorn management and planting of the site. It would mean having to maneuver through large areas of downed trees to reach planting sites and would inhibit larger scale buckthorn removal. 2. If aspen regeneration is a goal, it will inhibit that regeneration because of the shading of the ground, which inhibits root sprouting. I would expect some regeneration to come through these downed trees however. 3 It will hurt the aesthetic appeal of the park to many park visitors. A good education program could help visitors understand the benefits of downed trees to wildlife. 4. Long term maintenance costs will increase due to the numbers of dead trees near trail and use areas. Public Acceptance With any management activity there will be some form of disruption to the normal use of the park. Trails may have to be closed, some soil disruption will take place, and the sight of trees and brush being removed will disturb some users of the park. Therefore it is important to provide educational materials and signage within the park to help the public understand the goals and 22 reasoning for the management activities they will see within the park. This material and signage will also aid in recruiting possible volunteers for planting and buckthorn removal projects to help the City reach its cost share matching goals. Buckthorn Control Buckthorn control is critical to the establishment of regeneration of the future forest. Buckthorn inhibits natural regeneration of forest trees and native plant communities. At high levels of density on slopes, sheet erosion can occur as only a few small plants can survive under the buckthorn to hold the soil in place. There are three basic control measures that could be implemented on the site. The options will be dependent upon the individual site and funding sources. This is a long-term battle that can be very difficult to win. I would expect buckthorn to be present within the Park for many years to come. Reducing it and managing it will help restore natural regeneration and also increase native plant communities. During the development of this plan, I met with Mr. Wiley Buck of Great River Greening, which is a non-profit working with various groups and communities on buckthorn control programs. Mr. Buck has been successful in obtaining significant cost share money for these projects. I would recommend the City work with him or identify a coordinator within the City to oversee and seek out funding sources for buckthorn and planting projects. The three primary Buckthorn management control measures within this plan are: Area -based Buckthorn control zones. Spot clearing for individual planting sites. Wide -scale treatment of seed bearing plants. Area -focused control zones These areas would coincide with planting areas to reduce competition, and also high value habitat or natural areas that would allow for using natural plant regeneration techniques. While 23 the removal methods could vary, the use of brush saws and herbicide is typically involved. The buckthorn removed can be chipped, removed, or burned on site. Spot clearing for individual planting sites To reduce the cost of large-scale removal and treatment of the buckthorn, a small area for each planted tree can be brushed and treated. By cutting the buckthorn and other taller material from an approximate 10 foot diameter circle around a transplant tree planting site, when planted, the transplanted tree will have the required light and space to grow. Depending upon the site and the residual trees present, the number of planting sites will be anywhere from 50 to 100 per acre. The individual planting spots will need to be marked with a stake and then a crew would work to treat the buckthorn in those small spots during the -fall or winter so spring planting could take place. Wide -scale treatment of seed bearing plants Once the buckthorn projects have begun, it is important to remove or treat seed bearing plants. This will limit the spread of large volumes of seeds within the park and surrounding property. This portion of the control will help in long tern efforts to reduce the impact of buckthorn on the property. Planting With the existing buckthorn problem in the Park, the only way to ensure the future forest is through the planting of trees in the oak cover type or through the use of natural regeneration within the aspen stands. If aspen is clearcut it will out -compete the buckthorn. The size of the planting stock and the actual planting method will vary depending on the site preparation and removal of downed material. Within the blow down areas, the perimeter would be marked and individual planting sites would be identified with a stake. Once that is completed, the buckthorn removal project would take place, providing a 10 foot circle of planting space. If the buckthorn is treated on an area basis, the staking would be accomplished after the buckthorn removal is completed. In either situation the staking takes into account the adjacent overstory trees, scattered existing young trees, site conditions, soils, aspect, etc. to determine the species that will be selected to be planted. Some sites will have more sun than others and some will be heavily shaded. Because the planting sites have a residual amount of existing trees that 24 remain, the planting numbers would beiothe 5OtoiO0trees per acre range. Planting Smaller trees reduces the cost and more could be planted. With larger trees such as saplings, less would be planted but it goucod1y pcmvkleu abi�bcrmun/ivu} rate. Because ofthe bi�bdeer pnpu|udou,itvvuu|dbcv/ise(ouse oon�eform nf tree sbeho/for the plantings until the trees reach an acceptable height to resist deer browsing. This shelter can be the tube type which uses the stake for support o,i1could hcuwire nJ| to pnAcot them. Ei8zcc option will require some initial cost and some maintenance going forward. ZD Plant selection and climate change. Within the development o[this plan, the USForest Service Center for Climate Change was contacted for information regarding expected ou1coomoa for this area and to bc|y with plant species selection. Mr. Handler and | onot mithe Park and completed a walk through examination. Following is the report that was developed for the Park by Mr. Handler. Some aspects may be utilized more than others, but the basis is a good one for going forward whether o/not the expected climate change scenarios occur. The tree species list developed for the Park is a good one to fb|1nw but other species of trees could he added if desired. � a ate c ange °nf�^r ~~tion for t e Su~~fis I �����- ����h0����������&u--�� N�N�N�� ~ "~� ~. ~~�==���. �~~� � ~�~~ Climate Change Summary Climate is the long-term weather pattern for a region for a period of decades. Climate is one of the main factors that can determine the composition and extent of natural ecosystems, and the boreal -temperate forest transition zone is an example of the interplay between climate drivers and disturbances like wildfire. The earth's climate has changed over the past century, and these changes are expected to continue. The following section is a quick summary of observed and projected climate change and impacts to forests in Minnesota (Handler et al. 2014 and Minnesota DNR 2011). Some of the changes that have already been observed include: - Annual temperature has increased byl3^Fsince 189S with accelerating warming since 1980 - Winter minimum temperatures have increased by more than 3,5 'F over the past century, with accelerating warming since 198O - Annual precipitation has increased by more than 3 inches statewide, particularly in the spring and fall. - Heavy rainfall events (3+inches) have become much more frequent 25 Lake ice break-up, leaf -out, and bird migration dates are shifting earlier into the spring Climate change is projected to continue, although there will always be uncertainty in long-term projections, The best available science supports the idea that temperatures will increase across all seasons in Minnesota over the next century. Projected change is on the order of 5 to 9 *F by the end of the century, with winters likely to continue warming faster than other seasons. Precipitation is projected to increase up to 1 inch during winter and about 1 to 3 inches in spring by the year 2100. The greatest uncertainty exists for summer precipitation, with slight increases or large decreases possible, There may begreater moisture stress insummer and fall, because higher temperatures and longer growing seasons will lead to greater water loss from evaporation and transpiration. By the end of the Zlstcentury the climate of Minnesota is generally projected to be hotter and more variable, with more moisture stress towards the end oythe growing season and less characteristic winter weather. Climate change will not affect all forest species, communities, and parts ofthe landscape inthe same way. Additional stress will amplify some threats that forests already face, such as insect pests and diseases. Generally, boreal tree species are expected to decline and temperate or southern species are expected tohefavored (see tables 1and 2). Species and forest types that are more tolerant of disturbances may have less risk from climate change, and forests with greater diversity (spedeu,genetic, and structural diversity) may also have less risk Site -level characteristics like soils, hydrn|ogy, forest health issues, invasive species, and surrounding land -use can also influence whether a particular forest may experience more orless risk than elsewhere onthe landscape, Table 1: Tree species expected to increase in suitable habitat in the Minnesota and NE Iowa Section (222M)bythe year 2l0O, Source: Climate Change Tree Atlas, www.no.fs.fodus/adas/tree/ecorepion ew.htmi Boxelder xackbeny black locust ea,temreucedar red mulberry eastern cottonwood American elm black walnut silver maple bvroak shagbark hickory slippery elm chinkapinnak black oak wild plum white ash Sycamore green ash mvckemvt hickory eastern white pine swamp white oak northern catalpa Ohio buckeye black hickory nsa«r'oranVr black willow | pin oak river birch xpncy|umst mtte,=t hickory pignut hickory Table 2: Tree species expected to decrease in suitable habitat in the Minnesota and NE Iowa Section (222M)bythe year Z1UU. Source: Climate Change Tree Atlas, wmw.no./o.fed.os/at|as/1ree/ecu/eRion ew.btmi quaking aspen northern red oak black ash bigtooth aspen northern white -cedar northern pin oak' | Chokecherry � Red pine 26 sugar maple paper birch American basswood black cherry* white oak* eastnmhop*onnbeam~ tamarack black spruce pin cherry white spruce jack pine red maple black maple balsam fir Butternut yellow birch *These species are projected to decline under higher climate change scenarios, but they may persist or increase under mild climate change scenarios. Adaptation Preparing for climate change presents opportunities for forest managers and landowners to plan ahead, assess risk, and ensure that the benefits forests provide are sustained into the future. Landowner goals and management opportunities (or constraints) can help determine the most appropriate actions to prepare for climate change. Different adaptation actions can be used to resist change, boost resilience, orencourage change. Choosing arange ofactions may beappropriate for many landowners, depending onthei/va|uesanddte-specKlcrisksoroppurtunihes.Th|sp|anmadeuseofan^AdaptationVVorkbook" that has been produced to help foresters and landowners incorporate climate change considerations into forest management (www.forestadar)tation.org/far). In a site visit at Sunfish Lake Park with Stephen Handler of the Northern Institute of Applied Climate Science, we discussed the following management actions and their potential benefits for climate change adaptation: Table 3: Management activity and potential climate change adaptation benefits for Sunfish Lake Park. Treat buckthorn along trails (herbicide and mechanical � Remove downed trees and debris from recent b|uwdmvnevents. Focus onhazard trees and combustible fuel, not decomposing wood, Retain snags and coarse woody debris away from trails. Consider opportunities for planting tree species projected toincrease under climate change. Consult table labove and think about site -level suitability for those species. � When planting trees, consider opportunities for � Reducing buckthorn allows more opportunities for � regeneration ofnative trees and undeotnryspecies. Reducing fuel load will reduce the potential for a catastrophic orhigh'inte^sitywildfire. � Retaining biological legacies and woody debris provides valuable habitat for animal and plant species. �7 Gradually increasing the proportion ofspecies that may i babetter able totolerate future conditions will help the �site transition over time and maintain forest cover on the property. Planting stock from warmer, drier locations may be 27 | planting stock from further south or west. Identify vernal pools and wetlands; avoid manaOemen activities on these sites. ` Oak cover type ! more tolerant offuture stress. This might also introduce | � favorable genes into the local populations. ! Protecting these sites may maintain habitat for � wedand'dependeotspccics .�������. |dentJyandteatoakwi|tpocketsthrovghmutthepark [ontainin6oak wilt will help maintain adiversity ofoak —cutinfectedtmesandneiOhbohnAnedoaks,sever species, root grafts. Avoid damage tooaks from Apri|-Ju|y Consider opportunities for prescribed fire. Aspen cover type Restoring fire tothis landscape will control vndeotnry competition, allow more light »oreach the forest floor, and promote native species regeneration. Create gaps (I/4-acroto1acre) within existing aspen Encouraging diverse age classes reduces overall stands tnencourage aspen regeneration vulnerability for this species. Identify bigtoothaspen stands that are suitable ages for regeneration and create gaps in these stands. More Information Sustaining this cover type reduces overall vulnerability for the property. Bigtooth aspen isprojected tobemore drought - tolerant and less vulnerable toclimate change than quaking aspen. Encouraging natural regeneration ofthis species can maintain overall species diversity and maintain the aspen cover type. Much more information on observed climate trends and ecological indicators for Minnesota can be found here: ° Minnesota State Oimato|oQyOffice.c|imateumn.edu/ ~ Minnesota Department ufNatural Resources "Oimate"Web page: wwvv.dnr.state.mn.us/c|imate/index.htnn| 28 ° University ofMinnesota Extension "Extreme Weather" Web page: vvwvv.extensionumn.edu/extreme-weathe//dnou8ht-8/e/c|imato|oOy/ • Minnesota Pheno|ogyNetwork: https://vvww,usannn.orK/mnpn/home References Handler, Stephen;Dvveoeck K4atthew].; Iverson, Louis; Peters, Emily; ScheUer,Robert M.;VVythen, KirkR., Brandt, Leslie; Butler, Patrida;]anmwiak, Maria; Shannon,P. Danielle; Swanstun,[hhs; Barrett, Kelly; Kolka, Randy; McQuiston, Casey; Palik, Brian; Reich, Peter B.; Turner, Clarence; White, Mark; Adams, Cheryl; D'Amato Anthony; HageU'Suzanne; Johnson, Patricia; Johnson, Rosemary; Larson, Mike; Matthews, Stephen; Montgomery, Rebecca; Olson, Steve; Peters, Matthew; Prasad, Anantha; Kaja|a']ack; Daley, ]ad,- Davenport, Mae; Emery, Marla K.; Fehringer, David; Hooing, Christopher L.; Johnson, Gary; Johnson, Lucinda; Neitzel, David; Rissman, Adena; Rittenhouse, Chadwick; Zie|,Robert. 2Ol4. Minnesota forest ecosystem vulnerability assessment and synthesis: a report from the Northvxoo6sClimate Change Response Framework project. Gen, Tech. Rep. NRS' l33.Newtovvn5qua'e'PA;U.lDepartmentofA8ricu|tu/e'Fores\Semice'Northe,nResearch Station. 278 p. Minnesota Department of Natural Resources. 2011a, Climate change and renewable energy; management foundations. St. Paul, MN. Minnesota Department ofNatural Resources, Climate and Renewable Energy Steering Team. Available at h1tp://f|es.dnr.stote,mn.us/abootdnr/reports/consematiooaDenda/cnst'ccref.pdL Swonsk/n,[VV.;]anuwiok, M.K. 2012. Forest Adaptation Resources: Climate change tools and approaches for land managers Gen. Tech, Rep. NKS-87. Newtown Square, PA: U.S. Department of Agriculture, Forest Service, Northern Research Station. Available at Fire Threat Reduction The threat offire within the Park isdue to the large amounts of downed material fi-ornthe otoim event and also, tnusozuDdegree, the oak wilt sites, The wind oVomuudid the majorityofthe damage in the two ixedmak areas. However there were nmnmuxtrees scattered throughout the park that were bmheno,bmckeddown. All this material creates uthreat for o cyround fire to take hold within the park boundaries. Dudu�the duvc|opnuouto[this plan the �J�TD��D��ctu)Fire ()t�cnr(�u1?Yidcratnnm)was contacted and completed a walk through on the property to discuss the downed material and the 29 potential for a fire within the Park. Before a fire report was written, Mr. Widerstrom had retired from the DNR. Following are his thoughts as described during several on site visits: Generally fires within hardwood forests are uncommon due to the rapid green -up in the spring. They can, however, develop and move into a hardwood forest if a property with a grass/wetland fuel load is adjacent. Mr Widerstrom felt that with the significant blowdown and structure of the fuels (not fully on the ground), there was the potential for a significant fire in the right conditions of low humidity and high winds. The fires generally would enter the property from the south and west but other wind directions could fuel a fire in the right conditions. The extensive trail system that really covers the entire Park area is ideal for fire control and can be the solution to reducing the fire danger. These trails provide access for removal or utilization of this downed material along the trails and also provide good access to the site should a fire start. Removal or chipping of the recently deposited materials within 50 feet of the trails will greatly reduce the chances of a fire spreading through the entire forested area. He suggested using a firewood contractor (one or more) to reduce the fuel load and obtain some income for use within the Park. Based upon this information, it is recommended that firewood contractors be contacted to help reduce the threat by removing the newly downed woody debris from within 50 feet of the trails. Older downed and rotting material would be retained on the site and additional logs will be allowed to remain where fuel loading is at acceptable levels. Areas of firewood removal would be marked as the contractors move to new areas. Focus would first be on the extreme southern and western portions of the park along with the northern edge adjacent to home sites. The material to be removed would be marked for removal until the contractors and City felt comfortable in their working relationship. Timing, work area boundaries, and site selection for material storage would need to be worked out with the contractors. Oak Wilt Inspection There are pockets of oak wilt within the oak cover type that have been identified and mapped. The oak wilt in the park is generally contained in the red and pin oaks and will generally move through a portion of the stand and kill only the red and pin oaks through root grafting. The infection center will expand by grafting to oaks of the same species. The disease will, progress as long as there are other oaks of the same species present. The distribution of other oak species and other tree species will reduce the spread potential. This grafting does not (or very seldom) take place between different species such as red oaks to bur oaks or white oaks. Because the stand is 30 made up of a nice mixture of reds and whites, the affect of the disease is lessened. The disease centers should be monitored during the growing season and efforts made to control the disease in areas where there is a larger population of the species affected where it could continue to move through the forest killing larger numbers of trees. It is important to not create any wounds to any oak specie during April, May or June. Generally tree work on oaks is late fall through the winter. Following is a map based upon ground and aerial inspection completed in 2015. The sites identified either exhibited active wilting trees or contained multiple dead standing oaks. The circles drawn do not represent the actual shape of the infection but indicate where an infection may be active. This is an overview and it is expected that not all infection centers may be identified. There are several sites that look as though they were past centers but have no current indicators that can be seen. Also, when the infection moves into bur and white oaks, the symptoms are more difficult to see both on the ground and through aerial observation. An ongoing yearly inspection program is needed to identify all the active infection centers and identify areas where control work would be appropriate. Oak wilt map ##. # Goosie earth 45909'175e ti 92.54'764.4V W elev 926 ft eye >lit 7400 0 31 Activity Oak Wilt Inspection Hazard Tree Inspection (once yearly) Buckthorn Treatment (anytime during period) Mark removal sites Harvesting/removals Planting site staking Tree planting Yearly Timeline of Activities June July Aug Sept Oct Nov Dec 1. Slowdown area photos. n Feb Mar Apr May Following are two double sets of photos showing pre -storm photos and post -storm photos taken from Google earth. In both sets one can see the reduction in crown density that took place due to the storm. The loss of crown density varies throughout the various cover types with scattered larger trees lost throughout the park to areas where the crown density was reduced to approximately 40 percent. The small areas of aspen pockets that were contained within the northern oak cover type were hit the hardest, as was the larger grouping of aspen north of the parking area. Following these photos are two more photos showing the size of the two major blowdown areas. These photos were taken from the County GIS property mapping site. By looking through the report file, one can access good quality photos of these areas. One can zoom in on the blowdown areas and see the actual downed trees. 32 Crown density comparison 2010 vs. 2013 post -storm (North) 0 et bate: 9/15/2013 45.00'21,53" N 92° 33 Crown density comparison 2010 vs. 2013 post -storm (South) •• • • 1•1egviWY OPt448R0 9.1°520. le earth 990'ff!4 eve eft 2783 ft 0 34 Blowdown area on north side t1Stkomx ..Hatrusg. 11 ',"Prk2i/xt.Pp.phrey , 11. *; MEAN :Vde 41;st" Blowdown area near parking lot f North, approximately 4.5 acres South parking lot area, 1.5 Acres 35 Questions for the Park Board to consider 1. Would the City like to promote the regeneration of Aspen on the site near the parking area, or promote moving toward a more diverse cover type? 2. What level of intensity of removal and logging or salvage is acceptable to the Board and to the users of the park? 3. Is the funding available to support that level of activity? • High intensity would generate some income through the harvesting company and also the firewood contractor. • Medium intensity would require funding for City staff and equipment use along with rental fees for chipper. Firewood contractors would generate some income. • Light intensity would require funding for dropping leaning trees and Iimbing trees to get trees trunk on the ground. Firewood contractors would generate sorne income. 4. State and Federal Cost Share Funding usually requires matching funds either in cash or in volunteer activities. This funding is usually available for control of invasive species and or planting activities. Does the City have the ability to supply these funds or work to contribute the needed combination of money and volunteer efforts? 5. Would the City work with outside Environmental groups like Great River Greening to facilitate the buckthorn control and planting programs? 6. Is the City willing and capable to complete two yearly oak wilt inspections within the park either by City staff or contractor? 7. Is the City willing and capable to establish yearly hazard tree identification and marking program, and associated removal along the pathways and highly used areas within the park? This identification and marking can be completed by either an outside contractor or by using City staff. A training course should be completed to properly identify the actual hazard trees. 36 Final Recommendations The following recommendations are based upon completion of numerous on site visits, meetings with experts in various natural resource fields, and discussion with City staff. 1. Utilize firewood contractors to alleviate the tire clanger that now exists. This will generate some income for the program and allow for the removal of quantities of suspended woody material which is of particular concern. 2. Choose the Medium Intensity option of removal. This option will utilize City crews to remove material on a more flexible schedule, utilize the chips produced within the park, limit park closures, and reduce the overall impact of the removal on Park trails and work sites. The work could take place over a 3 to 5 year period with removal work focusing within the blowdown sites first, then working on the oak wilt sites as needed. As these areas are cleared, treated for buckthorn and planted, the City will be developing a long-term management procedure to use in future weather events. With the firewood contractors working along the trails first and then working within the blowdown areas to utilize the harder wood species, the City crew can focus on the downed aspen trees, which will be the easiest to cut and process into chips because of the softness of the wood. During this process, the DNR recommended BMP's (Best Management Practices) would be utilized to leave scattered dead standing trees and downed logs for habitat purposes. 3. The level of the buckthorn control will be dependant on the ability of the City to obtain cost share funding or fund the projects internally. Whether an area based approach or a select planting site approach is used will depend on the funding and logistics of removing large amounts of buckthorn. I recommend working with Buck Wiley of Great River Greening to have the best chance of obtaining additional cost share funds. The organization also has extensive experience in producing and directing extensive volunteer involved events. The ability to coordinate these events will greatly reduce City staff obligations and workload. And because the organization has a working history with the Minnesota Land Trust, it should make compliance with the "Land Covenants" easily acceptable to the Trust management. 4. Utilize the recommendations of the Center for Climate Change to maximize the survival of future plantings. The planting lists provided arc a good base of species to utilize in future plantings along with other species that may become available through various organizations. The Park may be used by the US Forest Service as a demonstration site in the future, which could make funding or assistance in the future possible. 37 5. Develop a good comprehensive sign and educational program for the Park* Through education, the Park users will come to understand the purpose of the work and come back to volunteer when the Park needs helpers to remove buckthorn or plant. 6. Establish an oak wilt program with two yearly inspections to identify and map the oak wilt sites. As the sites are located, a decision can be made as to the need for control work. Many sites will not need control work, as the disease will be limited by other species. The inspections can he done in two full days of work, one around July 4th, and the other at the middle to end of August. Oak wilt in red and pin oaks can easisly be seen from the air due to the bright orange color change of the leaves. I was able to take aerial photography for less than $100 dollars because of the close proximity of the airport. The photos can then be used for field checking and mapping with a handheld GPS. This will allow future inspections of the same spots using the GPS. Only a small portion of the infected red and pin oak trees will produce the spore mats that can spread the disease to other oaks. These trees can easily he identified and rendered harmless by girdling or removing the tree. This will greatly reduce the chance of spread of the disease to new areas. For safety reasons, when to remove or girdle trees will be based upon how close to a use area the tree is located. 7. Establish a once yearly hazard tree inspection program. With the removal that has already taken place, the City has greatly reduced the threat of falling trees and limbs. I would recommend that one City staff member complete a hazard tree identification course and then complete the inspections yearly prior to any scheduled tree removal activity. This inspection is best completed in the dormant months of the year. Resources and Assistance Thanks to the following for the information and assistance provided. Stephen Handler - USES Climate Change Expert Art Widerstrom - DNR (Retired) Jeff Warhol - Three Rivers Park District Forestry Operations Manager Wiley Buck - Great River Greening Ann Thies - Minnesota Land Trust Sam Klocksien - Wildwood Forestry 38 crry LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMLTNICATION DATE: 02/16/2016 REGULAR ITEM #: 10 MOTION Petition from Local 49 Sarah Sonsalla, City Attorney Clark Schroeder, Interim City Administrator Sarah Sonsalla/Clark Schroeder SUGGESTED ORDER OF BUSINESS: Introduction of Item ............ ........ ................. ........ ..... ..... ..... . ........... .......Staff Report/Presentation ...... ....... ................ ....... ........ Staff - Questions from Council to Staff ..... ....... ................ Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion ...... .......... ........... ..................... Mayor & City Council - Discussion .................................. ..... ........ ........ ................... Mayor & City Council - Action on ..... „.. ...... ..... Mayor Facilitates PUBLIC POLICY STATEMENT (IF APPLICABLE) SUMMARY AND ACTION REOUESTED: Council Member Bloyer requested that the City Council discuss the petition that was received from Operating Engineers, Local 49 ("Local 49") and the upcoming election and provide City stall with any additional direction that the Council feels is needed. BACKGROUND AND STAFF REPORT: On January 28, 2016, the State of Minnesota, Bureau of Mediation Services ("BMS") received a petition Filed by Local 49 for determination of a bargaining unit and certification of Local 49 as the exclusive representative for certain Public Works Department employees in the City. The BMS also issued a Maintenance of Status Quo Order. The Status Quo Order tells the City that it should not make any changes in the terms and conditions of employment for the affected employees. This would include changes in pay or job classifications. Ballots for the union election will be mailed to employees on February 22, 2016. Ballots will need to be returned by March 3, 2016 and tabulation of the ballots will be conducted on March 4, 2016. 475262v1 S.1S LA515-7 In the event that Local 49 obtains a majority of votes cast in its favor, it will be deemed the exclusive representative for this group of employees. if a majority of voters choose no representation or there is a tie vote between representation and no representation, the BMS will declare that Local 49 is not the exclusive representative of the employees and will lift the Status Quo Order. The City may campaign against the election of the union at this time up until the union election. The City's campaign may consist of both written materials and meetings with the einployees. However, the City has to make sure that the information being provided to the employees is not threatening and does not make any promises. Attached is an information memo from the League of Minnesota Cities that explains what the City can and cannot do with respect to a campaign. City staff has scheduled a meeting on February 18, 2016 to meet with the affected employees in order to provide them with information concerning the election. The meeting will be hosted by Julie Johnson, Mike Bouthilet and Cathy Bendel. I will review the materials and the statements that will be made by City staff at the meeting. RECOMMENDATION: If Council concurs -with this plan, no flu -tiler action or direction from the Council is needed at this time. AfrAcxwNTN: Excerpt from the League of Minnesota Cities Human Resource Reference Manual 4752620 S.'S I,A5 I 5-7 RELEVANT LINKS: C. Campaign and election 1. Campaign do's and don'ts Between the time of the unit determination and the union election, the employer may campaign in favor of remaining union free (i.e., against the election of the union). However, there are several important restrictions on how the campaign can be conducted and what the city can say. The city's campaign can consist of both written materials and meetings with employees. Any written materials or information that the city is considering providing to employees should be reviewed by a labor attorney experience(' in public sector labor issues. Also, the city should keep in mind that is could be challenged as to whether an expenditure of city funds to provide such materials has a "public purpose." The city cannot: • Make threats against employees for voting in favor of a union (e.g., "The city will have to lay off some jobs if a union is voted in."). • Make promises (e.g., "The city will give larger -than -normal increases next year if the union is voted down."). • Discharge or discipline an employee because of union activity (this could include a layoff unless a legitimate business purpose has been identified AND the plans were in progress before the union organizing began; the city should definitely consult with an experienced labor attorney before attempting a layoff during or immediately after a union -organizing catnpaign). Recognize that employees have significant protections to discuss terms and conditions of employment, and maybe able to communicate in what may appear to be a disrespectful or offensive demeanor regarding working conditions. • Question an employee regarding his or her actions or opinions. • Spy on union activities, nor ask about union matters, such as meetings • Discriminate either in favor or against based on union activity (e.g., give a better shift to employees who have expressed a negative viewpoint about having a union). Ask employees when they are hired or after hiring whether they belong to a union, carry a union card, or have ever signed a union authorization card. The city and its management employees can, however: League of Minnesota Cites Human Resources Reference Manual 12/31/2015 Labor Relations Chapter 6 ; Page 40 RELEVANT LINKS: Minn. Star 179A.06 sidxl. • Listen to (but don't solicit) information from employees if it's voluntarily given, but discourage disclosure of names of union advocates. • The City will want to enforce rules uniformly, without bias, and in accordance with past practice, regardless of an employee's activity in the union organizing campaign but be prepared to justify any action taken against a union supporter. * State their opinions about unions provided such statements are not a promise or threat (e.g., "I believe the city has done a good job of compensating and rewarding its employees." Or, "The city's current pay and benefit structure compares very favorably to cities that have unions and you do not need to pay dues."). • State any factual information (e.g., "The union you are seeking charges dues in the amount of $ ."). You can explain to employees they will be required to pay "fair share" dues even if they do not wish to join the union. • Tell employees the city prefers to deal with them personally on a one to one bases, rather than settle grievances through a union or other outside agent (e.g., "The City of X prefers to work directly with its employees because we believe the voice of each individual employee is important."). • Tell employees about the current benefits they enjoy without making promises or threats about future benefits (e.g., "Currently, City of X benefits are among the top 5 percent compared to cities of similar size."). Tell employees that no matter how they vote, the decision will not be held against them with respect to future wages or promotions. • Tell employees that if an election takes place, the election is by secret ballot. • Explain to employee that the mere election of a union does not guarantee any specific change. Instead, the city will negotiate with the union on all terms and conditions of employment. League of Minnesota Cities Human Resources Reference Manual 12131/2015 Labor Relations Chapter 6 1 Page 41 TI IF. (Try ot, LAKE ELMO AYOR & COUNCIL CO UNICATION DATE: February 12, 2016 REGULAR ITEM # 11 AGENDA ITEM: Appoint Parks and Planning Commissioners SUBMITTED BY: Julie Johnson, City Clerk THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Julie Johnson, City Clerk SUGqESTED()RD,] OF BUSINESS: - Introduction of Item ..... City Administrator I.eport/Presentation.... ...... ...City Administrator Questions from Council to Staff .... Mayor Facilitates - Call tor Motion ..... ........................................... ....... ...Mayor & City Council Dtsetissiou ...... .............. ...... .................. Mayor & City C'ouncil Action on ....... ...... ..... Mayor Facilitates POLICY RECOMMENDER: Staff FISCAL IMPACT: None SUMMARY AND ACTION REQUESTED: Both the Parks and Planning Commissions have vacancies at the second alternate position. Three applications have been received for the Parks Commission vacancy and two for the Planning Commission. Interviews are scheduled for 6:00 p.m. prior to the regular Council Meeting. RECOMMENDATION: The City Council is respectfully requested to make appointments to the Parks and Planning Commissions to fill the Vacancies. ATTACHMENTS: Applications for Parks and Planning Commissions -- page 1 -- TIx�CITY or LAKE KE EV N40 ���Y'��t^��������r� �~�����^��^�� ���o^�����f Application '— Park Commission Appointment —'' - Please return toCity Clerk's Office -Thank You for your interest in the Lake Elmo Park Commission Date:2/8/2O1O Nam*: Virginia P|ebGn Address:' 8245 5987StNorth PhoneNumbmr: H) 651-770'0594 N0 Email: bobginny@comcast.net 763-807-2028 Resume Attached (Optional): Yes U No W 1. Why are you interested inserving onthe Lake Elmo Parks Commission? What personal interests and expertise Will You bring? | have volunteered for many years a|anursing home and several churches. |{oel there ivalot mbodone and ithink |could contribute to the different parks and what needs to be done. I am always interested in the parks and how to make them more appealing and function better for families with children. I do have a lot of hands on experience and I have a desire to makes things |nnk better nomatter where that might be. 2. How will those skills and interests be of service to the development and management of the city's parks, trails and natural areas? Because |aminterested i vpthe parks we have how and maintaining them to the best of my ability,|understand that the parks have not been high priority as far as maintaining them and bringing them up to date so they will function better for all concerned when these are updated, 3. What duyou see osthe role and function cfthe Parks Commission? How does this relate tothe role and responsibility of the City Council inPark matters? |^mnot sure what the role iofor this position and how | could help out- | have not seen ajob description, so|can't really know how | would relate mthe council, | guess you might say | have a drive malways make things better and that | could demonstrate that to the council. | see the role of the Parks Commission as a part of all the planning and developing of the present playgrounds and new ones that will be developed. Again, because I have not seen the job description, it is hard for me to say exactly what the role would be. 4. What value doparks and trails have toour citizens? What role orfunction dothey 'de? ithink this isavery important aspect u`attracting new homeowners | think there is always alearning process inhow wecan be better at what wedo. 5. How much time do you have or are you willing to devote to Parks Commission activities? | can't really say au| have not seen the job description, | can say that | have a|wmyafollowed through at other facilities when wehad big projects to get done, Example, I planted a manmade waterfall- It did take about 2 years to get it all planted and that was a very laborious job axitmeant c|imb|i^gvpsides pfthe waterfall. TlxH (llr OF LAKE ELMO ����y'���'���&������� �~������^��^��� ���K�0^�f����� Application '— Park Commission Appointment - -Please return to City Clerk's Office - Thank You for your interest in the Lake Elmo Park Commission Date: February 1O,2O10 Name Jean Olinger Address: 8O57Lake Jane Trail North Phone Number: H) N8 051-777'1O47 651-748'6474 Email: olingerdj@msn.com 651-214-2137 Resume Attached KOptiona0:YeyE3 NoW 1. Why are you interested |nserving onthe Lake Elmo Parks Commission? What personal interests and expertise will you bring? I am interested in serving on the Lake Elmo Parks Commission because I want to play a meaningful role inpreserving the quality vf the parks and trails that Lake Elmo citizens currently enjoy, I love Lake Elmo's parks and use them on a regular basis with family, friends, and neighbors, I have no professional experience in parks, but as an educator, I am very experienced in looking at the big picture while dealing with alarge variety of details on a daily basis - skills that should translate well to serving on the Commission, 2. How will those skills and interests be of service to the development and managementofthe nhv'sparks, trails and natural |am resident ofLake Elmo and care deeply about all aspects cfour City. |k"vw and value hard work ' and will bring that work ethic to the Parks Commission in all matters, 3. What dnyou see unthe role and function ofthe Parks Commission? How does this relate tothe role and responsibility of the City Council inPark matters? I believe the role and function of the Parks Commission is to create and maintain parks that strengthen our community and sense of place. To accomplish this goal, the Commission should do the legwork in collecting and analyzing information for the purpose of making reports and recommendations tothe City Council, 4. What value dnparks and trails have tnour citizens? What role orfunction dothey provide? Asstated earlier, | believe that parks are essential ¢,any community. The help children learn, promote public health, encourage community engagement, increase property values, and have a positive impact on the environment. 5. How much time doyou have orare you willing bodevote boParks Commission activities? |amwilling mmake the time and dowhatever it takes mmaintain and enhance the integrity ofLake Ekmo'sParks. 1'111 ()I LA K E ELMO Application for Park Commission Appointment Please return to City Clerk's Office - Thank You for your interest in the Lake Elmo Park Commission Date: - Name: Address: Phone Number: H) Email: n••i`, C) Resume Attached (Optional): Yes 0 No 1. Why are you interested in serving on the Lake Elmo Parks Commission? What personal interests and expertise will you bring? - ".1 2. How will those skills and interests be of service to the development and management of the city's parks, trails and natural areas? "••••:- \ r.„ 3. What do you see as the role and function of the Parks Commission? How does this relate to the role and responsibility of the City Council in Park matters? ` '',.._.:,,,i ,..,,,,,j,,, .,‘ c..‹, ,_,,,,,..N.s, j, .., \ ‘......L.:, ••\_:.„.`,..\,.., " ,,,, \ ..:„. ,....i ,,,, '•-... ":.,. „... ,„ C::.)- `. -;'';',"--;' , Y. , -- `< _. "-"...... `-:,',..„:., .;;-• 1 ;:_„"_,:i' _ 1-\--',‘...,;., ,_, - "----. , . -,,.. ,.. 4. What value do parks and trails have to our citizens? What role or function do they provide? 5. How much time do you have or are you willing to devote to Parks Commission activities? • ;• ".„ "J". TI IE CITY OF Date: Name: Phone Number: IAKEELMO pplication for Planning Commission Appointment Please return to City Clerk's Office - Thank You for your interest in the Lake Elmo Planning Commission 10-1 2-707-2 Email: Address: a.)), A/ l, Attached (optiona): Yes Li No 1. What do you consider to be the major challenges facing the Lake Elmo P nning Commission? -/4)) 7,=e1 Q) ,,i6pfrtiac, 2. What do you see as your role serving as a member of the City's Planning Commission? How does this relate to the role of the City Council in planning matters? fity ,10/.-- N 7/6/ Ale_ eomp7if701‘. 6014 7& cou.),ed d-A49 /2XfcJ 1/i 76 rt) edu_ca-Ad 61), 01) 7)Ze- 0,0a4 itoc2041 fr‘ic 4.r ee 3. Why are you interested in serving on the Lake Elmo Planning Commission? What experience and qualifications do you have that demonstrate your ability to support the Mission Statement and Goals of the City and service to the community through the Planning Commission? fr, C je 4 c,e, &) c°111 e-?r•Ciczil W(9,42q/ 4,/e- ilk(cd v%e_ y ecoas", "17 tvo_5 ihuokee) ih 109?1- co7Vite,or_Jet-1 c)ieo eh/21* •eck,):)2- )11- )Vn, 4244 Wi, Xpx Co/\I ne-Aje-2,5" Ave- ih cieve-10/24,7-g- 0°Voiy7c9ne24-eeLe. /77 yie) c?yeelloj- ,p te."-i'deAc„ 4. How much time do ou have to contribute to Planning Commission objectives including meeting preparation, meeting participation and other opportunities as they may exist? c_A e_- Ce.-C Julie Johnson From: Kris LUNDDU|3T[khnhne1|undquist@msnzmo] Sent: Friday, December 11.2O151O:O7AyN To: Julie Johnson Subject: Application for the Lake Elmo Planning Commission A���U^cat^������ ��U���^�� ��������^��^��� �����^������� Application — - �� Commission - Appointment ~^ ^ ^ ~ Please return toCity Clerk's Office - Thank You for your interest /nthe Lake Elmo Planning Commission Date: 12110/ 5 Name: KristinaMarie Lundquist Address: 541DLake Elmo Ave N Lake Elmo, [NN 55042 Phone Number: Home (G51)439-6227orCell (M51)274-5TOU Email: kristino1|undquimt@nlon.00rn (No Resume) l.Wha±doyou consider tmbethe major oheUen8esfacdnQtheLakaBnnoPlmnninQComnmnismion? Proprietously managing both residential & commercial development, with the expectation of correlated expansion Dfemergency services, park land, Q schools in mind. Balancing development with the traditional open space and rural flavor which makes Lake Elmo distinct from other communities. Protecting our natural resources, specifically water. 2. What do you see as your role serving as a member of the City's Planning Commission? How does this relate to the role of the City Council in planning matters? Steadfastly researching proposed plans for future developments and changes in existing policy. Looking for best pnaoUces, with commitment to our community & a vision nfthe future, pnuhassiona|isnn, compassion, ethics & integrity, visionary leadership, excellence & quality in delivery nfservices, Osne| responsibility, open & honest communication, respect for all individuals, and thoughtful community building. My understanding is that the City Council makes recommendations to Wor makes requests of the Planning Commission, which researches their recommendations &/or requests and acts on them. 3. Why are you interested in serving on the Lake Elmo Planning Commission? What experience and qualifications do you have that demonstrate your ability to support the Mission Statement and Goals of the City and service to the community through the Planning Commission? "to provide quality public services in afisoaUy responsible manner while preserving the citv'a open space character." K8yname isKris Lundquist and I live at 5410 Lake Elmo Ave North. I have lived in Lake Elmo for most of my life, approximately 50 years of it. Although I have been inactive politically in this area, you may remember my parents, Dr. VViUionn E. & Jeanne Lundquist(5744 Lake Elmo Ave North - now Discover Crossing), who were both very active in our community. | am aware ufthe history of our community and why many of the standing policies that govern our community were created and put into place. My experience iointhe world oflaw enforcement & criminal justice including 35 years in Juvenile Corrections working for the Department ofHennepin County Department ofCommunity Corrections & Rehabilitation, 8 years as the co-chair of the Hennepin County Juvenile Gang Task Force, 14 years as an executive board member (3onrnhsry. Vice -President, & Treasurer) of the MN Chapter ofthe Midwest Gang Investigators Association, 14 years on a Community Faculty Member at Metropolitan State University in the School of Law Enforcement & Criminal Justice, and 14yeoro as volunteer onthe Washington County Sheriffs Department Mounted Patrol Search & Rescue Team. Aparticular incident that impacted nne tremendously osmyouth was when Stillwater rezoned afamily farm @s "Commercial Property" right out from under them. It was the dairy farm belonging to the Harry HOo|eyhs0i|y (the NEcorner OfHighway 3O&Counh/Road 5vvhere(�UB&Target novvstand).Harry had been one ofthe `leaders of the 4H club | belonged to. | ' was friends with his sons & looked up to both he & his wife Anne, had even helped milk cows On occasion... Harry literally died attempting to fight this in court, and Moo|ey Hall on the Washington County Fairgrounds was named iOhis honor, >hove a BA in Education, am a Licensed Social Worker in the State of Minnesota, and have expertise in dealing with gangs and gang crime. I love living in Lake Elmo, and it is because of my love of living in Lake Elmo and my involvement in the WASHCO Mounted Patrol that I am particularly invested in how our community & county are developed, 4. How much time do you have to contribute to Planning Commission objectives including meeting preparotinn, meeting participation and other opportunities asthey may exist? At this time, I am only working part time for Hennepin County (a somewhat phased retirement) and volunteering with theVVASHCCJ K4oUnhsd Patrol. | no longer teach or serve on any other board, so | have the time | believe will berequired. | do not need to be on the Planning Commission, | just want bzmake sure that you have qualified people on iL Sincerely, Kris Lundquist 2 AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: 2/16/2016 CONSENT/REGULAR ITEM #: MOTION Ordinance Amendment — Commercial Wedding Ceremony Venue Stephen Werisman, Planning Director Clark Schroeder, Interim City Administrator Joan Ziertman SUGGESTED 0 1 ER OF BUSINESS: Introduction of Item ..... ........ ............ ....... .............,..... ..... ........ ........ Staff Report/Presentation............. ..... ....................... ...... ..... .......... ....... Staff Questions from Council to Staff ..... ....... ...... ..... Mayor Facilitates - Public Input, if Appropriate ....... ..... .............. Mayor Facilitates Call for Motion .......... ...... ....... ...... ..... Mayor & City Council ..... .............Mayor & City Council - Action on Motion. ..... . ........ ....... ............... ............. ...... Mayor Facilitates SUMMARY AND ACTION REOUESTED: Danielle Hecker and Carol Palmquist are requesting an amendment to the Commercial Wedding Ceremony Venue ordinance to allow venues on RR — Rural Residential properties 10 acres in size or greater, to increase the number of allowed venues to 4 per week, to require the owner/operator or responsible designee to be on the premises for the duration of each event, and exempting venue facilities from the surfacing and curbing requirements of City Code Section 154.210 Staff and the Planning Commission recommend the City Council approved the ordinance amendment with the following motion: ""Move to approval of Ordinance 08-_ amending the Lake Elmo Code of Ordinances, Section 154.310, Subd. D, changing the minimum criteria to sites ten acres or greater, limiting ceremonies to no more than 4 per week and no more than 3 per day, requiring the operator or responsible designee (a family member, employee or responsible designee of at least 21 years of age) to be on the premises for the duration of each event, exempting commercial wedding ceremony venues from the commercial surfacing and curbing requirements of City Code Section 154.210." BACKGROUND AND STAFF REPORT: The applicant is proposing an amendment to the Commercial Wedding Ceremony Venue ordinance in order to correct a perceived text error in the code, to increase the revenue potential to facilitate the restoration of a historic barn, to minimize an operational constraint, and to clarify parking and curbing requirements. The current ordinance restricts commercial wedding ceremony venues to parcels greater than ten acres, where it was generally understood that parcels of 10 acres and greater would qualify. The applicant believes the requirement that the owner/operator be on the premises for the duration of each event is impractical. Venues are often scheduled years in advance, and family emergencies or other conflicts with scheduled venues cannot be predicted. Therefore, operationally, it makes sense to allow a responsible designee to be on the premises when the owner/operator cannot be present. The applicant is investing significant monies to restore the historic barn to give it an economic purpose which would otherwise would likely fall into disrepair and be removed from the landscape. The restoration and repurposing of the barn is consistent with the City's Comprehensive Plan and the purpose the Commercial Wedding Ceremony Venue ordinance. To facilitate the restoration of the barn and to make it economically tenable, the request to increase the number of allowed ceremonies from 2 to 4 per week is reasonable. Lastly, the intent of the ordinance is to preserve the rural character. The principal use of the property is residential with a commercial accessory use. The City code for commercial properties requires paving and curbing, which conflict with the intent of the ordinance and the applicant's desire to preserve the rural character. For this reason, it may be reasonable to exempt commercial wedding ceremony venues from the commercial parking and curbing requirements. Public Hearing. A public hearing was held at the Planning Commission on February 8, 2016. At the public hearing one resident spoke against the amendment and one for it. Planning Commission Review. The Planning Commission was in support of the ordinance amendment, with the following changes. The Planning Commission wanted to clarify the meaning of responsible designee The Commission was also concerned about the increase in the number of venues and the impact on neighboring residences. They agreed to the increase to a maximum of four venues per week, but no more than 3 per day. Staff has not had adequate time to prepare minutes for the February 8, 2016 Planning Commission, therefore, the ordinance amendment is based on Staff- s notes, but not the exact Planning Commission recommended zoning text amendment language. RECOMMENDATION: Staff and the Planning Commission recommend the City Council approved the ordinance amendment with the following motion: "Move to approval of Ordinance 08-_ amending the Lake Elmo Code of Ordinances, Section 154.310, Subd. D, changing the minimum criteria to sites ten acres or greater, limiting ceremonies to no more than 4 per week and no more than 3 per day, requiring the operator or responsible designee (a family member, employee or responsible designee of at least 21 years of age) to be on the premises for the duration of each event, exempting commercial wedding ceremony venues from the commercial surfacing and curbing requirements of City Code Section 154.210." ATTACHMENT(): Ordinance Amendment 08- pertaining to Commercial Wedding Ceremony Venues CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES PERTAINING TO CO ERCIAL WEDDING CEREMONY VENUES SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title XV: Land Usage; § 154.310, Subd. D is hereby amended by adding the following: D. C'onunereial Wedding Ceremony Venue. A commercial wedding venue is allowed as an accessory use with an interim use permit in the A — Agriculture, RT — Rural Transitional, and RR -Rural Residential zoning districts on parcels „„ or greater The establishment of a Commercial Wedding Venue on RR parcels is limited to those sites meeting the following criteria: 1) the site has historically been used as a farmstead for the surrounding agricultural land; and 2) the use will incorporate a barn or other historical agricultural building over 75 years of age for the wedding ceremonies. The suitability of a parcel for a wedding venue shall be determined by the characteristics of the site and by the unique capacity of the parcel to accommodate the use while preserving the essential rural character of the neighborhood and the site on which the use is located, by the ability of the parcel to accommodate the use without negative impact on the genera] health, safety, and welfare of the community, and by other factors the City may deem appropriate for consideration. The use must adhere to the following standards: 1. Ownership. The property will be the primary residence of the venue operator(s). The operator . must be on the premises for the duration of each event. 2. Maximum Number of Guests. The maximum number of guests is limited to 200 for each event. Food and Beverages. of the ceremony. 4. Seasonal Operation. week and October. The serving of food and beverages is permitted only as part Ceremonies are limited to no more than and are permitted only during the months of May through Hours of Operation. Events shall only be allowed between the hours of 10:00 a.m. and 10:00 p.m. All guests and staff must vacate the premises by 10:00 p.m. All lights associated with the event must be turned offby 10:00 p.m. Any one ceremony is limited to a maximum duration of three (3) hours. 6. Overnight Accommodations. No overnight accommodations are allowed. Off -Street Parking. Off-street parking shall be required in the ratio of one (1) parking space for each three attendees based on the maximum number of attendees planned for the site. The off-street parking area and the number of parking spaces shall be documented on the required site plan. 8. Setbacks. The minimum setbacks from neighboring houses and property lines for the various activities associated with the wedding venue shall be as follows: i. Parking: 100 feet from residential property lines; 200 feet from neighboring houses. ii. Outdoor Activity Spaces: 300 feet from residential property lines; 400 feet from neighboring houses. iii. Indoor Activity Spaces: 300 feet from residential property lines; 400 feet from neighboring houses. 9. Landscaping/Screening. Landscaping may be required to buffer the use from adjacent land uses and to provide screening when such screening does not presently exist on the site. A landscape plan shall be submitted at the time of application for an Interim Use Permit. 10. Grading. Any proposed grading shall observe all requirements of Section 151.017 of the City Code. If a grading plan is required, it shall be submitted in conjunction with an application for an Interim Use Permit. 11. Traffic. A transportation management plan shall be submitted as part of an application for an Interim Use Permit. The plan shall address traffic control, including traffic movement to the public street system and impact on the surrounding roadways. 12. Structures, All existing or proposed structures to be used for the wedding ceremony venue shall be inspected by the City's Building Official and must meet applicable Building Code requirements. i. Temporary Structures. Temporary Structures, including tents and canopies, may be allowed. Tents and canopies may be erected no more than (1) day prior to an event and must be removed no more than 72 hours following the event. 13. Application. An application for a commercial wedding venue shall follow the application and review procedures for an Interim Use Permit as specified in Section 154.107. In addition to the submission requirements of Section 154.107, an application for a commercial wedding venue shall include the following information: i. The expected number of attendees per ceremony; ii. The number of ceremonies per year; 2 iii. The number of employees; iv. The hours of operation; v. Sanitary facilities; vi. Lighting; vii. Sound amplification to be used and a plan to minimize any amplified sounds; viii. Temporary structures or tents to be used in association with the planned events; ix. Signage; x. Security to be provided; xi. Location of all trash receptacles; xii. Traffic management plan; xiii. Other documentation as specified herein; 14. Sanitaty Facilities. Sanitary facilities adequate for the number of attendees shall be provided. Portable toilets may be approved for temporary use, and must be screened from view from roads and neighboring properties by landscaping or a wooden enclosure. No portable toilets shall be located closer than 400 feet from a neighboring residential structure. 15. Lighting. Lighting associated with the wedding venue shall be limited to downcast and shielded fixtures so that the source of the light is not visible from adjacent roads or neighboring properties. Lighting shall comply with Section 150.035 of the City Code. 16. Noise. All wedding venues shall comply with City's noise standards found in Section 130.45 through 130.48 of the City Code. 17. Sound Amplification. Amplification of music and participants and is allowed only in conjunction with a wedding ceremony. There shall be no other amplification of music or sound outside of the ceremony. 18. Waste. All solid waste must be stored in a manner that prevents the propagation, harborage, or attraction of flies, rodents, or other nuisance conditions and must be removed at least once every seven days by a licensed solid waste hauler. 19. Liability. The applicant shall secure adequate liability coverage, which shall be in place at least one week prior to any event. 20. Other Activities. Other than the commercial wedding ceremonies authorized under this section, no other commercial ceremonial activities may be conducted on the site. (Ord. 08-080, passed 5-21-2013) (Ord. 08-107, passed 5-6-2014) 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 3. Adoption Date. This Ordinance 08- was adopted on this _ day of 2016, by a vote of Ayes and Nays. ATTEST: Julie Johnson, City Clerk This Ordinance 0 LAKE ELMO CITY COUNCIL Mike Pearson, Mayor as published on the day of , 2016. 4 PLANNING COMMISSION DATE: 02/08/20] 6 AGENDA ITEM: _— PUBLIC HEARING CASE #2015-39 City of Lake Elmo Planning Department Ordinance Amendment — Commercial Wedding Ceremony Venues To: From: Meeting Date: Applicant: Planning Commission Stephen Wensman, City Planner February 8, 2016 Danielle Hecker and Carol Palmquist Summary and Action Requested Request: The applicants are requesting an amendment to the Commercial Wedding Venue Ordinance. Staff recommends that the Planning Commission recommend approval of Ordinance 08- with the following motion: "Move to recommend approval of Ordinance 97-_ amending the Lake Elmo Code of Ordinances, Section 154.310, Subd. D, limiting ceremonies to no more than 4 per week, requiring the operator or responsible designee to be on the premises for the duration of each event, exempting commercial wedding ceremony venues from the commercial surfacing and curbing requirements, and changing the minimum criteria to sites ten acres or greater". Application The City of Lake Elmo adopted the Commercial Wedding Ceremony Venue ordinance Summary: on May 6, 2014. Since the adoption of the ordinance, both applicants have been planning for their venue facilities. Ms. Hecker's plans include the restoration and reuse of a historic barn located on her property. The costs of renovation have proven to be exceedingly expensive, and in particular, the building code will likely require sprinkling of the barn among other unanticipated improvements. Because of the increasing costs, it has become necessary for the applicant to request additional number of allowed venues per week from 2 to 4. This change will allow the applicant to obtain the needed financing to proceed with the barn restoration. Both applicants are also requesting that the ordinance also be amended such that the operator (property owner), or their resvonsible desicaiee. be on the premises for the duration of each event. The applicants both feel that the current requirement requiring the operator be on site during all venues is too restrictive and does not take into consideration cases of emergency or other incidental occurrences when the operator cannot be on the premises. Both contend the properties are their primary residences and they have a strong interest in the operations being peaceful and compliant with city regulations. PUBLIC HEARING ITEM — ACTION ITEM 2 The third requested change is to exempt commercial wedding ceremony venues Fro the commercial parking code requirements for durable paving and curbing. The inteh, of the ordinance is to preserve rural character, and the commercial parking and curbing requirements are contradictory. The last request is to amend the ordinance to allow the use on ten acres or greater. Staff believes the ordinance as written was a typo and it was not intended to exclude ten acre parcels. Analysis: The intent of the ordinance is to preserve rural character and to reuse of historic barns fits this intent. This is a lofty goal considering the expense to restore and maintain barns. If a barn cannot be put to financial use, then it is likely older barns will be left to fall into disrepair and will ultimately be removed. The applicant's request is justified if the City wants to support the proposed use and to require reuse of historic barns. The Commercial Wedding Ceremony Venue provides the opportunity for business minded residents to restore and reuse their barns and to utilize and celebrate the unique rural character in Lake Elmo. The request that owner/operators be able to designate a responsible designee in the event they cannot be on the premise also appears to be a reasonable request. The venue facilities are accessory to their residences and it is in their own best interest to have the guests respect the property, neighbors and city ordinances. The request to exempt the use from the commercial parking requirements are also justifiable if the city wants to preserve the rural character, however the city will need to weigh this request against concerns for public safety. The request to allow the use on sites ten acres or greater is justifiable, because Staff believes the current language is a typographical error in that the ordinance was meant to exclude ten acre parcels. Attachments: Draft - Ordinance Amendment No. 08- Reconimendation: Staff recommends that the Planning Commission recommend approval of Ordinance no. 08- with the following motion: "Move to recommend approval of Ordinance 97-_ amending the Lake Elmo Code of Ordinances, Section 154.310, Subd. D, limiting ceremonies to no more than 4 per week, requiring the operator or responsible designee to be on the premises for the duration of each event, exempting commercial wedding ceremony venues from the commercial surfacing and curbing requirements, and changing the minimum criteria to sites ten acres or greater". PUBLIC HEARING ITEM — ACTION ITEM CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES PERTAINING TO CO ERCIAL WEDDING CEREMONY VENUES SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title XV: Land Usage; S 154.310, Subd. D is hereby amended by adding the following: D. Commercial Wedding Ceremony Venue. A commercial wedding venue is allowed as an accessory use with an interim use permit in the A — Agriculture, RT — Rural Transitional, and RR -Rural Residential zoning districts on parcels or greater The establishment ofa Commercial Wedding Venue on RR parcels is limited to those sites meeting the following criteria: 1) the site has historically been used as a farmstead for the surrounding agricultural land; and 2) the use will incorporate a barn or other historical agricultural building over 75 years of age for the wedding ceremonies. The suitability ofa parcel for a wedding venue shall be determined by the characteristics of the site and by the unique capacity of the parcel to accommodate the use while preserving the essential rural character of the neighborhood and the site on which the use is located, by the ability of the parcel to accommodate the use without negative impact on the genera] health, safety, and welfare of the community, and by other factors the City may deem appropriate for consideration. The use must adhere to the following standards: 1. Ownership. The property will be the primary residence of the venue operator(s). The operator , must be on the premises for the duration of each event. 2. Maximum Number of Guests. The maximum number of guests is limited to 200 for each event. 3 Food and Beverages. The serving of food and beverages is permitted only as part of the ceremony. 4. Seasonal Operation. Ceremonies are limited to no more than week and are permitted only during the months of May through October. 5. Hours of Operation. Events shall only be allowed between the hours of 10:00 a.m. and 10:00 p.m. All guests and staff must vacate the premises by 10:00 p.m. All lights associated with the event must be turned off by 10:00 p.m. Any one ceremony is limited to a maximum duration of three (3) hours. 6. Overnight Accommodations. No overnight accommodations are allowed. OffiStreet Parking. Off-street parking shall be required in the ratio of one (1) parking space for each three attendees based on the maximum number of attendees planned for the site. The off-street parking area and the number of parking spaces shall be documented on the required site plan. . Setbacks. The minimum setbacks from neighboring houses and property lines for the various activities associated with the wedding venue shall be as follows: i. Parking: 100 feet from residential property lines; 200 feet from neighboring houses. ii. Outdoor Activity Spaces: 300 feet from residential property lines; 400 feet from neighboring houses. iii. Indoor Activity Spaces: 300 feet from residential property lines; 400 feet from neighboring houses. 9. Landscaping/Screening. Landscaping may be required to buffer the use from adjacent land uses and to provide screening when such screening does not presently exist on the site. A landscape plan shall be submitted at the time of application for an Interim Use Permit. 10. Grading. Any proposed grading shall observe all requirements of Section 151.017 of the City Code. If a grading plan is required, it shall be submitted in conjunction with an application for an Interim Use Permit. 11. Traffic. A transportation management plan shall be submitted as part of an application for an Interim Use Permit. The plan shall address traffic control, including traffic movement to the public street system and impact on the surrounding roadways. 12. Structures. All existing or proposed structures to be used for the wedding ceremony venue shall be inspected by the City's Building Official and must meet applicable Building Code requirements. i. Temporary Structures. Temporary Structures, including tents and canopies, may be allowed. Tents and canopies may be erected no more than (1) day prior to an event and must be removed no more than 72 hours following the event. 13. Application. An application for a commercial wedding venue shall follow the application and review procedures for an Interim Use Permit as specified in Section 154.107. In addition to the submission requirements of Section 154.107, an application for a commercial wedding venue shall include the following inforrnation: i. The expected number of attendees per ceremony; ii. The number of ceremonies per year; iii. The number of employees; 2 iv. The hours of operation; v. Sanitary facilities; vi. Lighting; vii. Sound amplification to be used and a plan to minimize any amplified sounds; viii. Temporary structures or tents to be used in association with the planned events; ix. Signage; x. Security to be provided; xi. Location of all trash receptacles; xii. Traffic management plan; xiii. Other documentation as specified herein; 14. Sanitary Facilities. Sanitary facilities adequate for the number of attendees shall be provided. Portable toilets may be approved for temporary use, and must be screened from view from roads and neighboring properties by landscaping or a wooden enclosure. No portable toilets shall be located closer than 400 feet from a neighboring residential structure. 15. Lighting. Lighting associated with the wedding venue shall be limited to downcast and shielded fixtures so that the source of the light is not visible from adjacent roads or neighboring properties. Lighting shall comply with Section 150.035 of the City Code. 16. Noise. All wedding venues shall comply with City's noise standards found in Section 130.45 through 130.48 of the City Code. 17. Sound Amplification. Amplification of music and participants and is allowed only in conjunction with a wedding ceremony. There shall be no other amplification of music or sound outside of the ceremony. 18. Waste. All solid waste must be stored in a manner that prevents the propagation, harborage, or attraction of flies, rodents, or other nuisance conditions and must be removed at least once every seven days by a licensed solid waste hauler. 19. Liability. The applicant shall secure adequate liability coverage, which shall be in place at least one week prior to any event. 20. Other Activities. Other than the commercial wedding ceremonies authorized under this section, no other commercial ceremonial activities may be conducted on the site. (Ord. 08-080, passed 5-21-2013) (Ord. 08-107, passed 5-6-2014) 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 3. Adoption Date. This Ordinance 08-__ was adopted on this _ day of 2016, by a vote of Ayes and Nays. LAKE ELMO CITY COUNCIL Mike Pearson, Mayor ATTEST: Julie Johnson, City C erk This Ordinance 08- was published on the day of , 2016. 4 TI 1F (ITV AK E LO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: 2/16/2016 CONSENT/REGULAR ITEM #: MOTION Hecker Commercial Wedding Ceremony Venue Interim Use Permit Stephen Wensman, Planning Director Clark Schroeder, Interim City Administrator Joan Ziertman SUGGESTED ORDER OF BUSINESS: Introduction of Item ....................... ..... ...... ..................... ...... ........ Staff Report/Presentation..... ..... ......................... ............... ................................. .......... Staff Questions from Council to Staff.......... .......... ...... . ...... ..... Mayor Facilitates Public Input, if Appropriate ........ ............ Mayor Facilitates Call for Motion ..... ...... & City Council Discussion.. ...... .......... .„ ....... Mayor & City Council Action on Motion......... ..... ..... ....... Mayor Facilitates SUMMARY AND ACTION REOUESTED: Danielle Hecker is requesting a ten year Interim Use Permit to establish a commercial wedding ceremony venue as an accessory use on her residential property located at 11658 50th Street North. Staff and the Planning Commission recommend the City Council approve the request for a ten year interim use permit for a Commercial Wedding Ceremony Venue with the following motion: ""Move to recommend approval of Resolution 2016 'approving the ten year Interim Use Permit for a Commercial Wedding Ceremony Venue located at 11658 50th Street North with 13 conditions." BACKGROUND AND STAFF REPORT: The Planning Commission held a public hearing on January 11, 2016, then was continued it to February 8, 2016 in order for the applicant to process a concurrent amendment to the Commercial Wedding Ceremony Venue ordinance. At the public hearing, Councilmember Smith spoke in support of the proposal. After the public hearing, Staff received several emails in support of the proposal. The Planning Commission reviewed the proposal and their primary concerns and comments addressed the following issues: Potential noise Parking setback/screening Access management Public safety driveway requirements Right-of-way dedication. Noise. After much discussion, the Planning Commission decided that stafrs condition requiring conformance with city code addressed this concern. Parking setback/screening. The Planning Commission discussed the impact of the commercial wedding ceremony venue parking setback to the future residential development proposed for the agricultural property (The Legends of Lake Elmo) to the north and east of the proposed. The adjacent parcel is presently Agricultural and the proposed ten foot parking setback complies with the ordinance. If the adjacent parcel were developed, the parking setback would be 100 feet. The Planning Commission wanted to adequately address the screening issue knowing the area will likely be developed as residential. In the end, the Planning Commission was satisfied that the screening would be adequately addressed by the future development with berming and landscaping and added a condition of approval to address this issue. Access management. The Planning Commission supported the City Engineers access management recommendation to connect the commercial venue access to the internal roads of the future Legends of Lake Elmo development. The Planning Commission recommends that at the time the Legends of Lake Elmo is developed, an 18 foot, 7 ton driveway be installed to the north — northeast corner of the applicant's property. The 18 foot, 7 ton standard is to aceonimodate large emergency, vehicles, such as a Fire Truck and wide enough to pass if a vehicle is parked or stalled there. Public safety driveway requirements. The Planning Commission also supported the City Engineer and Fire Chief s request for a 7 ton —turnaround for emergency vehicles. The Commission recommended a 12 foot, 7 ton loop be installed on the site connected to the 18' wide, 7 ton driveway to the Legends road system. Right-of-way dedication. The Planning Commission supported the City Engineer's recommendation for right of way dedication for a future trail along 50th Street N. The Planning Commission did not support the applicant having to construct the trail. In Summary, the applicant's proposal meets the requirements of the amended Commercial Wedding Ceremony Venue ordinance. The Planning Commission amended staff' s recommended conditions to address the above mentioned issues. The central issue remaining is the balancing of public safety concerns for access management and emergency vehicle driveway against the intent of the ordinance to preserve the rural character. The 5oth Street access is the historic access to the property and the best location for the applicant's clients to find the venue. 5oth Street is a collector and more suited to higher traffic volumes, whereas the future Legends of Lake Elmo road will be a residential road. The requirement for the 18 foot & 12 foot, 7 ton driveway is contrary to the applicant's intent and the intent of the ordinance to preserve the rural character. FINDINGS OF FACT In order for the City Council to approve the interim use permit, the following findings must be met: 1. The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. 2. The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community. The site is located on a collector road, the site is surrounded by farmed rural residential land to the north (future proposed Legends Development). 3. The use will not adversely impact implementation of the Comprehensive Plan. The improvements respect the rural/agricultural nature of the area and zoning district. The use is accessory to the principle residential use. 4. The date or event that will terminate the use is identified with certainty. The applicant has specified in the application materials that the use will terminate once the property is sold or developed under future zoning. Staff is recommending a termination date of ten years from the date of approval, 5. The applicant has signed a consent agreement agreeing that the applicant, owner, operator, tenant and/or user has no entitlement to future reapproval of the interim use permit as well as agreeing that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future. A consent agreement will need to be approved by the City Council as a condition of approval. 6. The user agrees to all conditions that the City Council deeins appropriate for permission of the use including the requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. This item can also be addressed as part of a consent agreement with the City. 7. There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel. RECOMMENDATION: Staff and the Planning Commission recommend the City Council approve the request for a ten year interim use permit for a Commercial Wedding Ceremony Venue with the following motion: "Move to recommend approval of Resolution 2016- approving the ten year Interim Use Permit for a Commercial Wedding Ceremony Venue located at 11658 50th Street North with 13 conditions." ATTACHMENT(S): Resolution approving a ten year Interim Use Permit for a Commercial Wedding Ceremony Venue located at 11658 50th Street North Planning Commission packet 2/8/16 Letters in Support CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING AN INTERIM USE PERMIT FOR DANIELLE HECKER TO ESTABLISH A COMMERCIAL WEDDING CEREMONY VENUE AT 11658 50TH STREET N. WHEREAS, the City of Lake Elmo has approved a Commercial Wedding Ceremony Venue ordinance on 2/21/13; and WHEREAS, the Commercial Wedding Ceremony Venue ordinance was amended on 5/6/14, and on 3/19/16; and WHEREAS, the applicant, Danielle Hecker, residing at 11658 50th Street N, applied for an Interim Use Permit to establish a Commercial Wedding Ceremony Venue as an accessory use on her property; and WHEREAS, the Planning Commission held a public hearing on January 11, 2016, which was continued to February 8, 2016; and WHEREAS, the Planning Commission found the proposed Interim Use adequately conforms to the following findings of fact: 1) The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. 2) The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community. 3) The use will not adversely impact implementation of the Comprehensive Plan. 4) The date or event that will terminate the use is identified with certainty. The applicant has specified in the application materials that the use will terminate once the property is sold or developed under future zoning. 5) The applicant has signed a consent agreement agreeing that the applicant, owner, operator, tenant and/or user has no entitlement to future reapproval of the interim use permit as well as agreeing that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future. 6) The user agrees to all conditions that the City Council deems appropriate for permission of the use including the requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. 7) There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel; and Resolution 2016- WHEREAS, on February 8, 2016, the Planning Commission recommended the City Council approve the Interim Use Permit with 13 conditions; and NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the ten year Interim Use Permit to establish a Commercial Wedding Ceremony Venue at 11658 50th Street N with the following conditions: 1) That a parking attendant be on site to assist with cars arriving and exiting the site for each wedding ceremony event. 2) That the wedding ceremony venue maintain a contract to supply and maintain temporary sanitary facilities while in operation and that at least one temporary sanitary facility be handicapped accessible. 3) That the landscaped buffer on the north property line be comprised of a row of coniferous trees spaced a maximum of 16' on center. 4) That an erosion control plan be submitted and approved by the city engineer prior to approval issuance of the interim use permit. 5) That the approval be contingent on complying with the Valley Branch Watershed District permit. 6) The accessible parking stalls be comprised of a durable material, approved by the city engineer, and signed as handicapped parking with an accessible path connecting to the buildings and restrooms. 7) That the applicant maintain compliance with all applicable City Code standards for the duration of the interim use. 8) That the applicant enters into a consent agreement with the City in accordance with Section 154.107 of the City Code. 9) That the interim use is valid for a period of ten years and must be renewed by the City Council prior to the end of this time period in order to continue operating from the site. 10) That the existing driveway be used until a road is constructed to the east with a future residential development, at which time, a new access for the commercial wedding ceremony venue shall be constructed, to meet the City Engineer's recommendation in the Engineer's Memorandum dated 12/7/15, connecting to the new road. 11) That a circular 12 foot wide, 7 ton drive be constructed to provide emergency access to connect to the future 18 foot wide, 7 ton driveway, and that the drive be shown on the site plan. 12) The proposed parking location is allowed provided a written agreement is signed between the applicant and the developer of the future residential development to the north, north-east resulting in screening along the north property that is minimally a double staggered row of four season plantings such as Spruce. 13) That a 40' street right-of-way be granted to the city for 50th Street N to accommodate a future trail. Resolution 2016- This resolution was adopted by the City Council of the City of Lake Elmo on this 16 day of February, 2016. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk Resolution 20 I PLANNING COMMISSION DATE: 2/8/2016 AGENDA ITEM: 5a — PUBLIC HEARING CASE #2015-39 City of Lake Elmo Planning Department Interim Use Permit Request: Commercial Wedding Ceremony Venue To: From: Meeting Date: Applicant: Owner: Zoning: Planning Commission Stephen Wensman, City Planner February 8, 2016 Danielle Hecker Daniel & Danielle Hecker It IP (Rural Residential) Suggested Order of Business Introduction. ..... ...... .......... ........... Planning Staff - Report by Staff............... ...... ........... .................................. ..... ....... Planning Staff - Questions from the Commission.. ..... ................. ..... Chair & Commission Members Open the Public Hearing ......................... ............ ..... ...... ............. .......... Chair Continue the Public Hearing to the February 8, 2016 meeting date ...... ........... .... ...... .......... Chair - Discussion by the Commission ..... ............................... Chair & Commission Members Introductory Formation Requested The applicant is requesting a 10 year Interim Use Permit to establish a commercial Permit: wedding ceremony venue. The public hearing was opened on January 11, 2016, then was continued to February 8, 2016 to allow the applicant to apply for an amendment to the Commercial Wedding Ceremony Venue ordinance. Application The requested interim use would allow a commercial wedding ceremony venue to be Summary: established on a ten acre rural residential property located at 11658 501 Street North. The application details include the following: PUBLIC HEARING ITEM 4a — ACTION ITEM 2 Type of business: Commercial wedding ceremony venue. On -Site Activity: wedding ceremonies within a renovated barn & temporary structures with turf parking. Employees: 3-4 part time (estimated). Proposed number of guests: Up to 200. Use Frequency: 4 times per week, maximum, from May through October with a maximum 3 hour duration for any single ceremony. Hours of operation: 10 am — 10 pm. Attachments: Section 154.310 Standards for Accessory Use. Applications submittal: Written Statement, Proposal letter, Site Plan and Exterior Illustrations. City Engineer Memo dated December 7, 2015. Findings & General Site Overview Site Data: Lot Size: 10 acres Existing Use: Residential Existing Zoning: RR - Rural Residential Property Identification Number (PID): 01.029.21.43.0002 The proposal site is the farmstead of the 200 acre Goetschl Farm which was constructed in 1912. In 2010, the applicant and her husband purchased ten acres containing the farmstead and the remainder was sold to a developer in 2013. Since purchasing the homestead, the applicant has renovated the home, removed 5 dilapidated sheds and 3 grain silos. The barn and granary will be completely renovated as part of this proposal to accommodate the wedding ceremony venue. This property is adjacent to the potential future Legends of Lake Elmo OP development. Proposal The applicant is requesting a 10 year Interim Use Permit because of the significant Review: financial investment required to bring the site and buildings up to Code for public gatherings. The proposal will have a negative return on investment for the first five years and to get financing, a period of ten years is needed. Minimum Criteria: Under the ordinance, commercial wedding ceremony venues are an interim accessory use in the RR — Rural Residential zoning district on parcels greater than ten acres if meeting the following criteria: PUBLIC HEARING ITEM 5a — ACTION ITEM I) The site was historically used as a farmstead for the surrounding agricultural land 2) The use will incorporate a barn or other historical agriculture building over 75 years of age for the wedding ceremonies. The application meets the criteria for a commercial wedding ceremony venue because it has ten acres, it was the historic farmstead form the surrounding agricultural land, and the proposal incorporates the uses the farmstead's historic barn (Historic is not meant to mean it has a MN State historic designation status). Noise: The applicant will be purchasing a sound system for the venue and will cap the volume at 115dB. The applicant will enforce noise restrictions with the contractual agreement with customers and through use of posted signs. A planted tree barrier will also mitigate noise along the north boundary. Traffic: The applicant proposes to employ an attendant for each venue to direct traffic and to organize entering and exiting traffic. There is adequate distance between the parking area and 50th Street N for queuing of exiting traffic. The applicant will provide signs to direct and slow traffic on site and is proposing to post temporary directional signs in the right-of-way on either side of their driveway to direct guests to the driveway. Sanitary Facilities: The applicant is proposing to use rented sanitation facilities (port -a -potties) to with permanent wooden screens to be located adjacent an existing shed indicated on the site plan. Access: The proposal is to utilize the existing +/- 12' wide gravel driveway off of 50th Street N and to construct a new gravel driveway branching off of it that follows the east and north perimeter of the property with the destination being a turf parking area large enough to hold roughly 66 cars to the north of the barn. For 50th Street access management purposes, the City Engineer is recommending the commercial venue be required to connect its driveway to the future roadway internal to the Legends development to eliminate the commercial driveway access to 50th Street N. The Fire Department, because of public safety concerns, is recommending an 18' wide gravel drive with a 45' turnaround with a 7 ton design standard to accommodate emergency vehicle access. An alternative to the 45' turnaround could be a rd access to the future residential development to the north and east Parking: The performance standards for commercial wedding venues requires parking to be 100' from residential property lines. The surrounding properties are presently agricultural. The proposed grass parking is 11'-4" from the north residential property line. PUBLIC HEARING ITEM 5a — ACTION ITEM 4 This land use is both commercial and residential in nature. The commercial parking code, Section 154.210, requires: "...a parking surface that is "durable including, but not limited to, hot asphalt, bituminous, or concrete" and "head in parking along property lines shall provide a bumper curb ...." Accessible parking stalls are also required. The proposed parking does not meet the commercial code curbing, surfacing, and accessibility requirements. The turf parking fits with the intent of the ordinance, to promote rural character and it may be unreasonable to require a paved parking area for the facility. Alternative paving solutions may provide reinforcement to the turf if wear and erosion occur. Also, accessible parking stalls will be required to be a durable surface, signed as handicapped parking, and an accessible path connecting the parking to the buildings and restroom facilities. Lighting: No site lighting has been proposed, but the applicant has stated that they will comply with city lighting regulations. Buffering: The applicant has proposed a row of coniferous trees along the north property line to screen views and to mitigate noise, and to create a separation between the turf parking and the property to the north. Right-of-way: The City Engineer is requesting a right of way easement for a future trail. Required Findings: In order for the City Council to approve the interim use permit, the following six findings must be met: 1) The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. 2) The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community. The site is located on a collector road, the site is surrounded by farmed rural residential land to the north (future proposed Legends Development). 3) The use will not adversely impact implementation of the Comprehensive Plan. The improvements respect the rural/agricultural nature of the area and zoning district The use is accessory to the principle residential use. 4) The date or event that will terminate the use is identified with certainty. The applicant has specified in the application materials that the use will terminate once the property is sold or developed under future zoning. Staff is recommending a termination date of ten years from the date of approval. PUBLIC HEARING ITEM 5a — ACTION ITEM 5 5) The applicant has signed a consent agreement agreeing that the applicant, owner, operator, tenant and/or user has no entitlement to future reapproval of the interim use permit as well as agreeing that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future. A consent agreement will need to be approved by the City Council as a condition of approval. 6) The user agrees to all conditions that the City Council deems appropriate for permission of the use including the requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. This item can also be addressed as part of a consent agreement with the City. 7) There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel. Recommendation: Conditions: Based on a review of the applicable code sections, Staff is recommending that the Planning Commission recommend approval of the interim use permit based on the following: 1) That a parking attendant be on site to assist with cars arriving and exiting the site for each wedding ceremony event. 2) That the wedding ceremony venue maintain a contract to supply and maintain temporary sanitary facilities while in operation and that at least one temporary sanitary facility be handicapped accessible. 3) That the landscaped buffer on the north property line be comprised of a row of coniferous trees with spaced a maximum of 16' on center. 4) That an erosion control plan be submitted and approved by the city engineer prior to approval issuance of the interim use permit. 5) That the approval be contingent on complying with the Valley Branch Watershed District permit. 6) The accessible parking stalls be comprised of a durable material, approved by the city engineer, and signed as handicapped parking with an accessible path connecting to the buildings and restrooms. 7) That the applicant maintain compliance with all applicable City Code standards for the duration of the interim use. 8) That the applicant enters into a consent agreement with the City in accordance with Section 154.107 of the City Code. 9) That the interim use is valid for a period of ten years and must be renewed by the City Council prior to the end of this time period in order to continue operating from the site. PUBLIC HEARING ITEM 5a — ACTION ITEM 6 10) That the access driveway be 18' wide and designed to a 7 ton standard to accommodate emergency service vehicles. 11) That a 45' wide turnaround be constructed to a 7 ton standard and shown on the site plan, or provide a secondary access when the property develops to the north and east to accommodate emergency service vehicles. 12) That a 40' street right-of-way be granted to the city for 50th Street N to accommodate a future trail. Staff recommends the Planning Commission recommend approval with the following motion: Motion "Motion to recommend approval of the interim use permit for a commercial wedding ceremony venue to be located at 11658 50th Street North with the x conditions". PUBLIC HEARING ITEM 5a — ACTION ITEM iU.P 1. Complete: Land Use Form. 2. Written Statements: a. Owner of Record Daniel & Danielle Hecker 1165850thS1N. Lake Bnlo MN a. Surveyor P@u|JohnSQn 1251UMCk[USiCkRd. N Stillwater, K8N55Q82 8. Designer RogerToniten To[nten Environmental Design 333 N. Main St., S18. 201 Stillwater, MN 55082 (651)308'3275 b'Address 116585OthN.Lake Elmo K8N Rural Residential 10aCreG P|D:0102921430002 Legal Description: That part of the west half of the Southeast quarter of section 1, Township 29, Range 21, except the South 1725 feet of the east 505 feet thnneof. Washington county, K8N described asfollows: Beginning at the southwest corner cdsaid South 1725feet ofthe East. 5O5 feet ofthe west half o/the Southeast quarter; thence north OOdegrees, 21 minutes.51 seconds west, vvaahington county coordinate system NAD B. m' History The Goetsch|Farm, as recognized by many among the community, was built in1S12and encompassed 200 acres. The land and outbuildings (barn, grainery, 3 silos, 2 pole sheds, corn bin, and 8 storage sheds) supported a large agricultural operation of dairy and crop farming until 2007. In 2010. the Heoker's became the 2nd owners of the property, purchasing the homestead and 1Oacres with the remaining 19Oacres being sold 1oadeveloper in 2013. In the past five years, we have completely renovated the home, removed 5 sheds that were in disrepair, and 3 silos. This proposed use is being sought to aide in the preservation and renovation of the farmstead outbuildings (Dairy barn and grainery). Without a newly defined use, the structures would fall further into disrepair and potentially disappear from the landscape. No intensive regrading of the site in proposed in order to retain the farmstead character. d.Proposed Use i. Proposal Letter: See attachmerd(2.dj) U.Consent Agreement: See attachment (2.dji) e.Justification of Use i. [)ntinanma NO. OR - 107. Commercial Wedding Ceremony Venues allowable in RT A. and RR. ii. Precautionary measures to mitigate disturbance to neighboring property owners. 1. Noise* a.Owner will purchase sound system for venue use. This enables the owner to'cap"the volume and limit the sound decibel to115d0. b.Owner will enforce noise regulation inthe contractual agreement with the customer. c.Owner will plant a tree barrier onNorth boundary tohelp mitigate noise for future development. 2. Traffic* a. Owner will employ and staff a minimum of 1 attendant per each event to direct traffic. This will control and organize the flow of vehicles as they enter, park, and exit the venue. b.Traffic queuing will form inour driveway for *ntn/exh.The distance between the parking lot and entry/exit iaapproximately 120Ofeet, which will encourage asafe, steady flow cfvehicles regulated by a SLOW posted speed limit. This "waiting line" will Ugmonitored bythe attendant upon departure tomitigate congestion on5Oth. c.Traffic metering bymeans ofthe attendant isacontingency plan if queuing isn't sufficient enough for manageable distribution. d.Owner will post temporary signs indicating distance todriveway to mitigate turn -around traffic (1'hrprior, both directions ofdriwe'vxay). *Owner will post signs to mitigate speed, encourage caution for crossway, and enforce noise regulation, QUIET ZONE , Please Be Respectful �i���������� NO HONKING " UNLESS FOR � � DANGER . PEDESTRIAN CROSSING ].Unsightliness a.Portable, rented sanitation facilities will have atemporary structure built b,Parking areas will remain grass and driveways will remain gravel (class 5) in lieu of blacktop or other impervious surfaces. i|/.The use ioin-line with the comprehensive plan and supports: 1' Preservation of rural lands 2. Enhancement of community's rural sense of place iv. Not applicable - Primary residence, structures are existing. v. There are no delinquent property taxes, special aasessmerts, interest, or City ud|hv fees due (See Washington County necords). vi. Applicant is requesting interim use permit expiration date of 2025. 3.Tax record for verification ofownership (See attachment 3). 4.Address Labels (See attachment 4). 5.Survey (See attachment 5). 6'Landscape Plan (See attachment 0). 7.Architectural plans (See attachment 7). O. Uh|UiooQ Service Plans. a.Sanitary Sewers: N/A.Operator tocontract for rented temporary sanitation facilities. Waste would bemanaged weekly bythe professionally hired company. b.81ornnSewers: Operator ianot planning todn any intensive grading Vo parking area. The proposed grassy parking lot promotes the conveyance of storm water at a slower, controlled rate and acts oaafilter medium removing pollutants and allowing stornovva1er infiltration. Currently, natural ditch formations efficiently transport the water. Catch -dams will be evaluated upon relocation of granery to mitigate any potential soil erosion with acivil engineer. o.Water, gas lines, telephone lines, fire hydrants are not applicable. d. Trash receptacles will be placed by the sanitation facilities and inside of the barn venue. Proposal Letter; #2.d.i. The interim use would allow for wedding ceremonies (no receptions) to take place at the property located at 11658 50th St. N, Lake Elmo MN. This use provides a suitable and economically viable option to support the preservation and renovation of a historic barn structure and grainery. In order to begin operations, the buildings (barn and grainery) will require major renovations to bring them up to current code for public gatherings. The financial investment required is estimated to have a negative ROI for the first five seasons under the assumption of a 75% fill rate. Considering this analysis, I am requesting the interim use permit expiration date of 2025 (10 years; 2016 partial year) and fully understand that violation of any ordinance restrictions is subject to review and/or permit suspension. Event specifications: a. The number of guests would be set at a maximum capacity of 200 persons. b. Ceremonies would be a maximum of twice per calendar week. c. Employees are estimated to be 3-4 part-time positions. These positions would include responsibilities specific to traffic and security, cleaning & maintenance and event coordination. d. Operating hours would be allowable from 10AM until 10PM with all guests and staff vacating by 10PM. e. 2 portable, flushable on -site sanitation facilities will be provided. A wooden enclosure would be constructed to screen the facilities from neighboring properties and minimize unsightliness. f. Lighting to comply with Section 150.035 of the City Code g. Sound system will be purchased by Operator and capped at 115dB. h. Temporary structures or tents to be used in association with the planned events will be erected no more than one day prior to an event and must be removed no more than 72 hours following an event. Signage will include: Residential quite zone; no honking; speed limit; and trash receptacles. j. Security/Traffic attendants will be staffed for duration of each event. k Trash receptacles will be adequately provided in each structure and at sanitation facilities (adjacent to parking lot). Traffic Management Plan m. Sufficient liability coverage would be obtained/maintained before the start of operation. [(1.P 1.Complete: Land Use Form. 2. Written Statements: G. Owner of Record Daniel & Danielle Hecker 11S585O1hStKJ,Lake Elmo MN a. Surveyor Pau|JOhnSOO 125lOMcP{uGiCkRd. N Stillwater, MN55O82 O. Designer RVgerTnnt8n Tonit8n Environmental [l83/gn 333 N. Main St., Ste. 201 Stillwater, MN 55082 (f351) 303'3275 b'Address 118585O1hN.Lake Elmo &4N Rural Residential 1OGCreG P|U:0102921430002 Legal Description: That part of the west half of the Southeast quarter of section 1, Township 29, Range 21'except the South 1725feet ofthe east 505feet thereof, Washington county, yWN described as follows: Beginning at the southwest corner of said South 1725 feet of the East. 505 feet ofthe west half of the Southeast quarter; thence north OOdegrees, 21 minuiea.51 seconds west, washington county coordinate system NAD B. c. History The Goetschl Farm, as recognized by many among the community, was built in 1912 and encompassed 200 acres. The land and outbuildings (barn, grainery, 3 silos, 2 pole sheds, corn bin, and 8 storage sheds) supported a large agricultural operation of dairy and crop farming until 2007. In 2010. the Hecker'o became the 2nd owners ufthe property, purchasing the homestead and 10 acres with the remaining 190 acres being sold 1oadeveloper in 2013, In the past five yeans, we have completely renovated the home. removed 5 sheds that were in disrepair, and 3 silos. This proposed use inbeing sought tnaide inthe preservation and renovation ofthe farmstead outbuildings (Dairy barn and grainery). Without a newly defined use, the structures would fall further into disrepair and potentially disappear from the |onUsmape. No intensive d. Proposed Use i. Proposal Letter: See attachn`ert/2dj> |i.Consent Agreement: See attachment (2.dji) e.Justification ofUse i. Ordinance NO. 08' 107. Commercial Wedding Ceremony Venues allowable in RT A' and RR. ii. Precautionary measures to mitigate disturbance to neighboring property owners. 1. Noise* m.Owner will purchase sound system for venue use. This enables the owner tO"cap"the volume and limit the sound decibel to115dB. b. Owner will enforce noise regulation in the contractual agreement with the customer. c. Owner will plant atree barrier on North boundary to help mitigate noise for future development. 2. Traffic* a.Owner will employ and staff aminimum cd1 attendant per each event todirect traffic. This will control and organize the flow ofvehicles as they enter, park, and exit the venue. b.Tiaffin queuing will form in our driveway for entry/exiL The distance between the parking lot and entry/exit iaapproximately 12UOfeet, which will encourage asafe, steady flow ofvehicles regulated bya SLOW posted speed limit. This "waiting line" will bemonitored bythe attendant upon departure tomitigate congestion onGO1h. o.Traffic metering bymeans ofthe attendant isacontingency plan \t queuing isn't sufficient enough for manageable distribution. d.Owner will post temporary signs indicating distance todriveway to nnibgede turn -around traffic (1'hrprior, both directions o|driuo'vvmy). *Owner will post signs 10mitigate speed, encourage caution for cvosavvay and enforce noise regulation. QUIET ZONE Please Be Respectful 3.Una|ghdinems a. Portable, rented sanitation facilities will have a temporary structure built tominimize the visual appearance. b. Parking areas will remain grass and driveways will remain gravel (class 5) in lieu of blacktop or other impervious surfaces. iii.The use is in -line with the comprehensive plan and supports: 1. Preservation of rural lands 2. Enhancement of community's rural sense of place iv. Not applicable - Primary residence, structures are existing. v. There are no delinquent property taxes, special assessments, interest, or City utility fees due (See Washington County records). vi. Applicant is requesting interim use permit expiration date of 2025. 3. Tax record for verification of ownership (See attachment 3). 4. Address Labels (See attachment 4). 5. Survey (See attachment 5). 6. Landscape Plan (See attachment 6). 7. Architectural plans (See attachment 7). 8. Utilities & Service Plans. a. Sanitary Sewers: N/A. Operator to contract for rented temporary sanitation facilities. Waste would be managed weekly by the professionally hired company. b.Storm Sewers: Operator is not planning to do any intensive grading to parking area. The proposed grassy parking lot promotes the conveyance of storm water at a slower, controlled rate and acts as a filter medium removing pollutants and allowing stormwater infiltration. Currently, natural ditch formations efficiently transport the water. Catch -dams will be evaluated upon relocation of granery to mitigate any potential soil erosion with a civil engineer. c. Water, gas lines, telephone lines, fire hydrants are not applicable. d. Trash receptacles will be placed by the sanitation facilities and inside of the barn venue. 9. Electronic Files (See attachment 9). SCOPE OF WORK; THE WORK WILL BE DONE IN PHASES AND PRI TO PRESERVE THE LONGEVITY OF THE STRUC LIST BELOW IS IN NO PARTICULAR ORDER AN1 REFINED AS EACH PHASE IS DEFINED. - REPLACE ROOF - PATCH AND REPAIR - NORTH ELEVATION; PROVIDE HANDICAPPED ACCESSIBLE EN1 COMPLIANT EXITING AND GREETING ARE - WEST ELEVATION; PROVIDE CODE COMPLIANT EXITING A - SOUTH ELEVATION; INSTALL DAYLIGHTING / WINDOWS INSTALL SLIDING BARN DOOR STYLE SH - EAST ELEVATION; PROVIDE CODE COMPLIANT EXITING AS - REPLACE DETERIORATED AND BROKEN TRIM AND SIDING AS REQUIRED - PATCH TO MATCH AS CLOSELY AS POSSIBL AREAS WHERE ADJACENT CONSTRUCTION W - INSTALL GUTTER AND DOWNSPOUT SYSTE DRAINAGE AWAY FROM FOUNDATION OF BUIL - TUCK POINT EXISTING STONE FOUNDATION REQUIRED TOMTTN D ALTERATIONS TO THE PROPERTY OF, DANIELLE HECKER 11658 50TH STREET NORTH LAKE ELMO, MN 55042 612-327-8561 Revisions Item Date Sheet Information BARN RENOVATION Project No: Drawn By: RLT Checked By: Date: 11-04-15 Drawing No: Al OTH STREET NORTH 0 0 I PLANT SCHEDULE OVERSTORY DECIDUOUS TREES CM', COMMON NAME BOTANIC NAME River Birch Betula nigra Red Maple Acer rubcurn CONIFEROUS TREES White Pee White Spruce White Cedar, arborvitae Red Pine I 17 I 22 TOTAL TREES EXISTING TREES Pinus strobus Picea glauca Thuja occidental), Emus resinosa PARKING TYP. STALL SIZE: 9'x18' DRIVE AISLES: 24' 2 HANDICAPPED STALLS PROVIDED SURVEY INFORMATION PROVIDED BY; P3 LAND SURVEYING, LLC 12510 MCKUSICK ROAD NORTH STILLWATER, MN 55082 651,303.0025 SITE PLAN / LANDSCAPING PLAN L1 Scale 1" , 30' -0' SIZE 2 1/2" Cal. 1 1/2" Cal, COMMENTS OM r N - f 1331F.ONI.IT. ' I C, N 651 303 3233 ALTERATIONS TO THE PROPERTY OF; DANIELLE HECKER 11658 50TH STREET NORTH LAKE ELMO, MN 55042 612-327-8561 Revisions Item Date Sheet Information SITE LANDSCAPING PLAN Project No: Drawn By: RLT Checked By: Date: 11-04-15 Drawing No: Li ���K�������UP� '"'�'°'��'`'``"��^/'"' Date� December 7, 2015 To: Stephen VVenuman'City [o Planner Ben Gozo|a'Senior Planner, Iambatek From: Jack Griffin, P,E,, City Engineer ENGINEERING, inc. Cara Geheen' P.E. Jack Griffin, p.s. Ryan Strmpsk\p.c. Chad |,ak,v"'p.E. Re: Commercial Wedding Ceremony Venue 0P Plan Review Engineering has reviewed the Commercial Wedding Venue Site Plan. The submittal consisted nfthe following documentation prepared byTomtenEnvironmental Design: * Site Plan, dated November 4,ZOl5� * |UP Application. STATUS/FINDINGS: Engineering has prepared the following comments for consideration. l. 50nh Street access management. As a commercial driveway to the Wedding Venue access spacing requirements are not met with respect to the proposed Legends development. Safety along 50thStnee1 must be appropriately managed along the entire corridor as opportunities arise. With the potential Legends development adjacent to this site, adequate access management spacing must be managed between the two proposals. |tisrecommended that the existing farm parcel (Hecker)berequired toconnect its driveway to the now roadway internal to the Legends development to eliminate the commercial driveway access to 50th Street N, This is required to meet current access spacing guidelines should the Hecker parcel become a commercial use. it also appears that this can be accomplished without requiring the commercial use driveway traffic to route through the residential neighborhood by requiring the driveway connection close to5DthStreet, 2, 50th Street Pedestrian facilities: A bituminous trail should be incorporated along the north boulevard of 50th Street N. to improve pedestrian safety and work toward future trail connectivity, Segments ofa bituminous trail currently exist along 50th Street N. alternating from the north to south side of the road, As traffic continues tuincrease on 50th Street N. |t|scritical for the City tocreate a continuous bituminous trail along the north side ofS0th Street from Old THfto Lake Elmo Avenue. The applicant should be required todedicate the necessary R/VV (if necessary) and construct a trail segment across the applicant's property. 3. Commercial drivewavrequiremen,s. The proposed commercial driveway should be minimum of 18fee< in width and be designed as a 7-ton roadway. The driveway should be able to accommodate a turnaround with a minimum 45'foot radius orhave secondary access. The intersection at50* Street N. if allowed to remain 'should bereconstructed at9Q'degrees<oimprove sight lines. 4. Stormwater Management & Erosion Control. If approved, the applicant must submit an erosion control plan to be reviewed and approved by the City. The application should also provide the total area of disturbance, and total area of new impervious surface to determine if a stormwater management plan is required. 5� Fine Sofetv. Should watermain be required for fire suppression, engineering will need to review and comment on wmtermain facilities and easement requirements interior tothe site. PAGE lufl from: Anthonv Yoma To: 5tmohenwensmon Cc: manuvaua/,mnmbuoue,s.cvm Subject: Wedding Hall Support Date: Thursday, February 11, 2016 12:58:47 PM |amwriting toinform you about myopinion onthe Martin Goetsch|Family Dairy Barn. } think that Danielle Heckcr's request to restore and preserve the history ofthe family barn isvery honorable and respectful 10the family aswell the Lake Elmo Community. She will be preserving the barn into something memorable and beautiful for the community and future members of the Lake Elmo Neighborhood. | grew upinLake Elmo noyentire life and | plan onbuying ahome inthe Lake Elmo area in the near future. And now that ! heard about this idea of awedding hall, 1would want nothing more than tobemarried inacity that | have the best memories inand build afamily around that community and history. | think this is exactly what Lake Elmo needs' more restored history vs. random housing developments. | would hate tosee this part of history go to waste with further disrepair or fall into development. |nsupport, Tony Yorga 1969 Mendel aven Lake Elmo, MN'55O42 To Whom This May Concern, I would like to share that my family and I fully endorse the barn restoration project at 11658 50th Street North in Lake Elmo. I have met with Danielle Hecker, owner of the property, several times. I fully understand the scope of the project and believe it would be a beautiful addition to our community. The project encompasses the desires of the Lake Elmo community in preservation, restoration and a welcoming site for visitors. I believe the history of this property deserves to be restored. Not only am I a neighbor that lives in Tana Ridge, but I am a Realtor that is working on the Wildflower project in Lake Elmo. I fully understand the scope of changes that Lake Elmo is about to experience and the importance of restoration projects, similar to what Danielle Hecker is trying to accomplish. Lake Elmo needs more restoration and preservation along our beautiful landscape. We need to honor the family before Danielle that made Lake Elmo what it is today. We are in full support of the barn restoration and wedding venue at 11658 50th Street North in Lake Elmo. We look forward to this project coming to fruition. Sincerely, Jodi Klepac Current Resident at 4847 Lily Avenue N in Lake Elmo Employee of Edina Realty 520 Commons Drive in Woodbury 651-226-2672 YocumRealEstateGroup@EdinaRealtv.com From: Adam 00und To: aeoherl Wensman Subject: 50th St farm restoration support Date: Wednesday, February 10, 2016 10:18:40 AM TO \\10M it may concern, I am writing to you today to share my opinion on the restoration and the use of the harn on 11658 50th street north. As a life long member of Lake Elmo Minnesota, I would like to see as much of the original history of the eit) preserved. The 50th street barn is a historical icon from the original Lake Elmo and its presence should he continued. 1 support the idea of restoring the barn to serve as a venue for wedding ceremonies because it would be a beautiful way to represent the history of Lake Elmo. while providing joy to people in the future. Thank you for your time, - Adam.C. Ostlund 12101 18th Street North Lake Elmo, MN, 55042 TI CITY OF LAKE ELMO AYOR & COUNCIL CO UNICATION DATE: 2/16/2016 CONSENT/REGULAR ITEM 13 a AGENDA ITEM: Comprehensive Plan Text Amendment for Congregate Housing SUBMITTED BY: Stephen Wensman THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Joan Ziertman SUGGESTED ORDER OF BUSINESS: Introduction of Item ..... ..........Staff Report/Presentation ..... Questions from Council to Staff. ........ ....... ....... . ..... Mayor Facilitates Call for Motion ....... ......... .„. Mayor & City Council Discussion ............ ...... Mayor & City Council Action on Motion .......... Mayor Facilitates RECOMENDATION: Arbor Glen Senior Living is requesting a Comprehensive Plan Text Amendment to increase the maximum allowed density for Senior Congregate Housing Facilities with Services from 10 units per acre to 16 units per acre. Staff and the Planning Commission recommend approval with the following motion: Move to approve Resolution 2016-10 approval of a Comprehensive Plan Text Atnendment to increase the maximum allowed density for Senior Congregate HousingFacilities with Services from 10 units per acre to 16 units per acre". ih`,-1,‘,; FISCAL IMPACT: None -- page City Council Meeting SUMMARY: The Planning Commission held a public hearing on January 25Lh to consider the Comprehensive Plan text amendment. At the Public hearing, there were no public comments. The Planning Commission was being asked to increase the maximum allowed density from 10 units per acre to 20 units per acre, however, after discussion, the Planning Commission decided to limit the increase to 16 units per acre. FINDINGS: The City Council in its approval should identify findings of fact in its approval of the Comprehensive Plan text amendment. Staff has identified the following findings of fact: 1. Senior congregate housing is recognized as being different from standard multi- family residential development given that residents in such facilities no longer have to be at work, pick up children, or do their shopping at specific tirnes of the day; many residents no longer drive. 2. Such facilities provide on -site services to meet resident's needs which further reduced the overall impacts typically associated with high -density residential development. 3 The City of Lake Elmo's comprehensive plan has expressed support for the establishment of senior housing facilities within the community, and has identified such units as an essential element of our life -cycle housing stock. 4. The City has reexamined its comprehensive plan and found that existing language does not adequately acknowledge the unique nature of senior housing when comparison to other multi -family dwelling types. RECOMMENDATION: Staff and the Planning Commission are recommending approval of the Comprehensive Plan Text Amendment to increase the maximum allowed density for Senior Congregate Housing Facilities with Services from 10 units per acre to 16 units per acre with the motion: Move to approve Resolution 2016-10 approval of a Comprehensive Plan Text .Amendment to increase the maximum allowed density for Senior Congregate Housing Facilities with Services rom 10 units per acre to 16 units per acre". ATTACHMENTS: • Planning Commission packet 1/25/2016 Items 5a & 5b -0 Planning Commission minutes 1/25/2016 -- page 2 -- THU CITY OF' LAKE ELMO PLANNING COMMISSION DATE: 01/25/2016 AGENDA ITEM: 5A— PUBLIC HEARING CASE # 2015-19 ITEM: Public Hearing for Comprehensive Plan Text Amendment SUBMITTED BY: Stephen Wensman, City Planner REVIEWED BY: Ben Gozola Jack Griffin SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to consider a Comprehensive Plan Text Amendment request from Arbor Glen Senior Living LLC to allow additional density, up to 20 units/acre for senior congregate housing facilities with services. Staff is recommending that Planning Commission recommend approval of the requests with the following motions: 1. Move to recommend approval of a comprehensive plan text amendment to increase the maximum allowed density for senior congregate housing with services to 20 units per acre. GENERAL INFORMATION Applicant: Location: Arbor Glen Senior Living, LLC, 215 N. 2nd Street, Suite 204 MDR/HDRNMX Zoning Districts Deadline )(Or Action: Applicable Code/Plans: REVIEW: Application Complete — November 17, 2015 60 Day Deadline— January 16, 2016 Extension Letter Mailed — No 120 Day Deadline— March 17, 2016 Article XI — Village Mixed Use District 154.45] Pennitted and Conditional Uses in Residential Districts Comprehensive Land Use Plan Arbor Glen Senior Living LLC is requesting a comprehensive plan text amendment to increase the allowed maximum density from 10 to 20 units per acre for senior congregate housing with services. The proposed comprehensive plan text amendment as proposed affects those parts of the city where congregate housing are conditionally permitted: MDR, — Urban Medium Density Residential and HDR-Urban High Density Residential Zoning Districts and would be applicable for senior congregate housing with services. Presently MDR allows a maximum density of 7 units/acre and HDR allows a maximum density of 15 units per acres. The proposed text amendment is to allow 20 BUSINESS ITEM 5a units per acre to allow some density flexibility in order to address potentially variable economic conditions and amenities found in offering senior congregate housing with services. The rationale for the change is: Senior congregate housing is recognized as being diffrentfroin standard multi -family residential development given that residents in suchlacilities no longer have to be at work, pick up children, or do their shopping at specific times of the day,- many residents no longer drive. Such facilities provide cm -site services to meet resident's needs which fUrther reduced the overall impacts typically associated with high -density residential development, hi addition, the community, through the Comprehensive Land Use Plan has expressed support for the establishment of senior housingfacilities within. the community, and has identified such units as an essential element of our life -cycle housing stock, The proposed comprehensive plan text amendment to increase the allowed maximum density to 20 units per acre for senior congregate housing with services is contingent on the Metropolitan Council's approval. City Council approval of a comprehensive plan text amendment requires a vote. RECOMEN DATION: Staff recommends that the Planning COMMiSSi011 recommend approval of the requests with the 11101i011S: 1. Move to recommend that the City Council approve the comprehensive plan text amendment to increase the maximum allowed density for senior congregate hous with services to 20 units per acre. ORDER OF BUSINESS: Introduction .......... ........... Planning Staff Report by Staff ......... ...... ......... ......... ..... ...... ..... Planning Staff Questions from the Commission .......„ ........ ..... Chair & Commission Members - Open the Public Hearing..................................................................................Chair Continue the Public Hearing to the January 25, 2015 meeting ...... ..... .........Chair - Discussion by the Commission ATTACHMENTS: Chair & Commission .Members 1. Draft Comprehensive Land Use Plan and Metropolitan Council Application BUSINESS ITEM 5a Engineering 1 ::;g 1 Planning I Ei Memorandum DATE: 12-23-15 TO: Adjacent Jurisdictions & Partnering Agencies FROM: Ben Gozola, Consulting City Planner SUBJECT: Lake Elmo Minor Comprehensive Plan Update Request Expedited review of a proposed comprehensive plan amendment for the City of Lake Elmo. The amendment will allow "senior congregate care facilities with services" (i.e. senior housing) to be built at greater overall densities than other multi -family housing given that impacts from such units are not equivalent to other multi -family housing types. Overview Since 2008, the City of Lake Elmo's comprehensive plan has expressed support for the establishment of senior housing facilities within the community, and has identified such units as an essential element of our life -cycle housing stock. With the recent upswing in the economy and the opening of more developable areas within our City, we have re-examined our comprehensive plan and found that existing language does not adequately acknowledge the unique nature of senior housing when comparison to other multi -family dwelling types. With this comprehensive plan amendment, the City will recognize that senior housing is unique given that residents in such facilities no longer have to be at work, pick up their children, or do their shopping at specific times of the day; some residents don't even drive anymore. Furthermore, many senior communities provide on -site services to meet their residents' needs which further reduces the overall impacts typically associated with high -density residential buildings. Because of these differences and the recognized need for these facilities within the City, senior/congregate housing will be allowed at densities of up to 20.0 units per acre within the land use classifications currently guided for such facilities (Urban Medium Density, Urban High Density, Village Urban Medium Density and Village Mixed Use). Please see the map on the next page which identifies all areas affected by this amendment. 0 Whttewatn, eCf‘t e venge ;1'4 • •. NO— Area Affected by this amendment 1:7 Municipal Boundary OE Village Open Space Overlay White hatching denotes possible mixed use areas Planned Land Uses MN Business Park =Commercial [.:Limited Business WI Village Mixed Use Village Urban Low Density 122 Village Urban Medium Density EJ Urban Low Density ED Urban Medium Density IN Urban High Density Rural Single Family L.' Residential Estate Li Rural Area Development F.1:1 Public/Park - The only other minor change proposed is to correct an inconsistency in the current plan. While the Village Land Use Plan text currently identifies that development will occur at 6 to 10 u.p.a., the corresponding table incorrectly shows a density range of 5 to 10 u.p.a. The table is now being updated to reflect the 6 u.p.a. minimum. Provided we receive no negative feedback from reviewing jurisdictions, the attached comprehensive plan amendment will be sent to the Metropolitan Council for approval in the beginning of 2016. Action Because the proposed minor text amendment impacts a geographical area of more than 40 acres, the amendment does not qualify for a waiver of adjacent jurisdiction review. That said, we do not believe any jurisdiction will take issue with the proposed changes as they will not create any impacts, and will only facilitate establishment of a land use type that has been anticipated since the approval of our original plan in 2008. Assuming you agree with our assessment, we have included a template response letter for your signature indicating your respective jurisdiction does not object to the proposed change. We thank you in advance for quickly responding to our request. If you have ANY questions whatsoever, please do not hesitate to call either Stephen Wensman (651- 747-3911) or Ben Gozola (763-746-1650); we'd be happy to address any and all concerns. Thank you and happy holidays! Attachments 1) Template Response Letter far signature 2) Proposed Text Changes to the Comp Plan LAND USE Chapter 3) Proposed Text Changes to the Comp Plan HOUSING Chapter 4) Comp Plan Amendment Application for the Metropolitan Council Date: Stephen Wensman City of Lake Elmo 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042 Re: Proposed Lake Elmo Comp Plan Amendment — Senior Housing Densities Dear Mr. Wensman: On behalf of , we have reviewed the City of Lake Elmo's proposed comprehensive plan amendment that addresses allowed densities for senior congregate care facilities with services and a correction to fix an existing language inconsistency, and have no objection to the proposed changes. Sincerely, Signatzire. Printed name: Please email completed letter to either: SWensman©lakeelmo.org OR bgozola©sambatek.com Summary ofLAND USE Plan Changes: PgU/'1U: Changing the term "senior living centers" tm"senior congregate care facilities with services" PgN|'1t: Updating Table 3-13 to amend the minimum density in the Village Mixed Use district to 6.0u.p.a. to be consistent with the adopted Village land use plan, and adding clarifying language that senior congregate care facilities with services may exceed listed density maximums in specific categories with arange not toexceed 2O.Ou.p.a. PgU|'22: Added clarifying language that senior congregate care facilities with services may exceed listed density maximums inthe V'MDR and VIVIX land use categories with a range not to exceed 20.0u4a. This section of the Land Use chapter establishes the City's official land use categories and theofficial Future Land Use Map. The map assigns planned land use types to all parcels within the communityto guide current and future planning and development through the year 2030, and is the official land use designation map forthe City. The assigned land use designations are intended to shape thecharacter, type and density uffuture development according tosound planning principles. Any newdeve|opment, redevelopment, change in land use or change in zoning is required to be consistent with the official land use guidance for each parcel. The official land use plan categories are asfollows: RURAL AREA DEVELOPMENT - This category represents the large areas of rural residential development within the City, Common uses hound in these areas include working farms, alternative agricultural uses as defined by City Code, and rural single family detached residences. Development in these areas requires 10+ acres, or a conditional use permit to authorize a cluster development meeting the City's Open Space Preservation regulations. Densities are allowed up to 0.45 dwelling units per buildable acre when planned as part of an Open Space Preservation development, No new areas of rural area development are being established bythe official land use plan. [Corresponding Zoning District(d,A` RR, OP] RESIDENTIAL ESTATE - This category defines areas developed specifically for large lot single family detached housing typically on 2+ acres of land. No new areas of residential estate are being established by the official land use plan. (Corresponding Zoning Disthc1(o):KE] RURAL SINGLE FAMILY - This category defines alarge portion ofthe City that was historically platted for conventional subdivision prior to 2005, but has been and will continue to be serviced by private on -site well and septic systems. Limited locations within this classification are allowed to have two-family dwellings based enzoning, (Corresponding Zoning District(d:K-1,K-2] URBAN LOW DENSITY - The Urban Low Density land use category is intended primarily for single-family detached housing serviced hypublic sewer and water. This category allows net residential densities fnom two and one-half(2J) tofour (4) units per acre. Significant new areas of urban low density are guided both within the Old Village and along 1-94. [Corresponding Zoning District: LDR] URBAN MEDIUM DENSITY - The Urban Medium Density land use category allows net residential densities from four and one-half (4.5) to seven (7) units per acre; with greater densities only allowed if deemed appropriate and approved through the PUD process and that meet incentives for clensitybonus as allowed under the PUD ordinance . This category allows for a variety of housing types including single-family detached, duplexes, townhomes, and small two- and three-story apartment buildings and/or senior living centers, senior congreRate care facilities with services. Significant new areas of urban medium density are guided both within the Old Village and along |-94. [Corresponding Zoning U|-1O Residential Density' Existing Land (units/acre) Use(1rts) Land Use - Mill RES ID ENT I AL Rut -al Area Development Residential Estates Rural Single Family Urban Low Density Urban Medium Density Urban High Density Village Urban Low Density Village Urban Nlediun Density 'OMMER Business Park Commercial Limited Business Village Mixed .6 0-5,0 Use P I/ MI Public/Park Greenbelt Corridor:2 Road ROWs - nJa 0,1 0.66 2,5 4.5 7.5 1.5 Max 0.1 0.4 "),0 4 7 15 - 2.49 City wide (1 i l(i,gc.)2 7094.24 771.26 1665.92 0.00 176.08 0.00 0.00 Planned Land Use a -re 1 Planned mid Use Changes (anticipated acreages in 5 year iucrenwnts) 2012 to 2015 to 2020 to 2015 2020 2025 5279.92 6640,66 6187,08 793.71 776 87 782.49 1666.41 1666.04 1666,16 496.39 124 10 248,20 283.29 78.84 244.11 61.03 122.06 390.49 229 68 157.67 39 42 4.99 0.00 119.11 - 29 78 A L,! 7.5 15 4.5 7 10.0 120.65 99.86 111.41 0.00 2025 to Change 2030 I (acres) 5733.50 5279.92 788.10 793.71 1666.28 1666.41 372,29 496.39 336.89 390.49 -1814.32 22.45 0.49 496.39 214.41 118.25 157.67 157.67 183,09 59.56 89.33 329.69 172.91 225.17 208.33 126.98 154.10 66.16 100.09 88.78 164.40 41.10 PUBLIC/OPEN SPACE UNDEVELOPED Open Water TOTALS: 3298.94 0.00 890.93 3352.24 82.67 890.93 1355.29 I 1355.29 15,584.58 I 15,584.58 82.20 244.11 244.11 119.11 119.11 277.43 329.69 209.04 18122 208.33 108.47 77.47 66.16 -45.25 123.30 164.40 3312.27 3325.59 3338.92 20.66 41.34 62.01 890.93 1355.29 355.29 15,584.55 1 15,584.55 352.24 82.67 890.93 890.93 1355.29 15,584.55 1355.29 15,584.55 164.40 53.3 82.67 0.0 0.0 0.0 Senior congregate care facilities w"th services in the LT, ban Medium Density, Urban High Density. Village Urban tedium Density, and 1,-71h ge Mixed Use land use catozories Mal, exceed the listed density maximums with a range )7ot to exceed a total 0120.0 11110S our Oenc l»Vvided the facility can satisIX all :011/17,1 and annlicable conditional use nermit review criteria. 2 Residential uses tt it/in the -Business Park" and "Commercial- land use designations C017 onlyoecur treas specifical 1 v designated or mixed use on the planned land use map. 3 It is recognked that both park and road RO Wareas will expand as new development occurs, but such acreage is accounted for in the respective development land use apes as such land areas must' contribute towaals required development densities. 4 The staging plan for development is and will allow development to occur as market conditions dictate. Because of this. specific timing for development of any specific land use categoiy is not possible. For the purposes of this table, the anticipated acreage changes are incrementally broken down into four periods of time showing a consistent rate of change between now and 20,30. 5 The acreage of the greenbelt corridor areas, which are portions of the Village Open Space Overlay, that are adjacent to urban zoning districts were calculated to account for the remaining acreage in the Village. The other portions of the Village Open Space Overlay arc, accounted "Or through the base land rise guidance (i.e. Rural Area Development or Rural Single Family). Lake Elmo Comprehensive Plan ohapterm-Lvnxmeplan Elmo, including a compact assemblage of streets and blocks, a distinct edge, a historic main streetand good access to parks and open space. The plan intends to extend these qualities to the newly developing areas surrounding the existing downtown, In addition, it proposes connecting theexisting residential neighborhoods to the south with the village core and new neighborhoods. The Village Land Use Plan includes a series of specific goals and objectives for each of the land use elements, and establishes the following as the overall goals and objectives for the plan: 1) Adhere tothe Guiding Principles from the Village Master Plan, which are incorporated into this land use plan inTable 3U. Z) Preserve the existing character of the Village while accommodating new housing and businesses tocomply with the growth projections ofthe Comprehensive Plan. 3) Create a walkable, viable community with a distinct center. 4) Explore options to provide space for public and commercial activities around a village greenthat can serve asafocal point for new development. 5) Create an open space buffer around the new development areas to foster a true villagefeel, 6) P|anfordeve|opmeotona"viUage"sca|eratherthana"suburban"sca|e,recognizingthe existing character ofthe Old Village. 7) Promote traffic calming measures along State Highway 5 to improve auto and pedestrian safety, particularly in the vicinity of Lake Elmo Avenue and Lake Elmo Elementary School. 8) Plan for at least one grade -separated crossing ofHighway Sfor bicycles and pedestrians 9) Provide for the recreation needs of the new neighborhoods while building on existing facilities and accommodating the need for community -wide recreation facilities. lU)Create anatural system for storm water management that takes advantage ofexisting drainage patterns. 11) Plan for a new Village Parkway as a major north/south collector with a new railroad crossing approximately midpoint between Lake Elmo Avenue and Manning Ave. 1Z)Promote mixed -use development inthe areas close \othe Village Center. Village Land Use Plan The Village Land Use Plan, Map 3'G identifies three primary land use categories within this planning area that will accommodate growth, and incorporates an open space overlay category to specifywhich portions of the area will be designated for open space. The land use categories as applied in the Village Planning Area include: a V-LDR-Village Urban Low Density Residential atI.StoZ.5units per acre E V-K4DR-Village Urban Medium Density Residential at3.Otu4.0units per acre* � VK4X-Village Mixed Use with residential densities of6.OtolO.Ounits perac/o^ * Senior congregate care facilities with services in theV'K4DK orVIVIX land use categories may exceed the listed densitv maximums with a range not tuexceed a total ofZO.Ounits Der acre Provided the facility can satisfy all zoning and applicable conditional use oermit review criteria. U|-2I Summary of HOUSING Plan Changes: Pg|V-,: Added two paragraphs. The first defines what ismeant by"Senior congregate care facilities with services," and the second explains how they are different from other types of multi -family residential structures. The impact differences, the recognized need for such facilities, and the need to accommodate higher densities to make these structures successful is cited asthe reasons for the new 2O.Ou�a.cap for this specific land use. Lake Elmo Comprehensive Plan Chapter IV- Housing Future Housing Needs I n order for Lake Elmo to achieve balanced growth and maintain its strong sense of community, it is essential to plan and develop the futu re housing stock in a manner that is mi ndful of the city's population trends and future needs. For this reason, it is important for Lake Elmo to clearly define its goals as they pertain tohousing. In planning for the land use and future growth of Lake Elmo, the City aims to achieve the following goals related tohousing: 1. Continue to support and develop family -friendly neighborhoods, emphasizing safety and access to open or recreation space. Throughout its history, Lake Elmo has been lauded as a great placeto raise afamily. For this reason, many of Lake E|mo'sfuture residents will be families with children. |nplanning future housing for these residents, itisthe responsibility ofthe City tubecognizant of how site, building, and street design relate to safety and access to public recreation space. Promoting these principles will ensure that the future population of Lake Elmo is safe and healthy. I When planning for the future residential neighborhoods inLake Elmo, it iscritical toincorporate walkability into the design of housing and streets to ensure a positive pedestrian environment in both the 1-94 Corridor and Old Village. In order to maintain a healthy and vibrant environment in Lake Elmo, safe and aesthetically pleasing pedestrian spaces within residential neighborhoods are essential. Additionally, for the Old Village land use plan to effectively support and promote walking in Lake Elmo's downtown, steps must be taken to ensure that walkability is considered when planning future housing. Creating more walkable downtown area with more street amenities encourages nearby residents to travel by means other than the automobile, which in turn promotes pedestrian traffic and physical exercise. In addition, increased pedestrian accessibility to downtown should drive greater support and patronage of local businesses in the Old Village, Finally, greater pedestrian traffic could allow for reduction in needed parking facilities, decreasing the amount of impervious surfaces and easing the burden onstorm water management systems. 3. Expand housing opportunities for seniors in Lake Elmo, placing an emphasis on affordability and life -cycle housing. Aathe data from the 2Ol0Census indicates, the Lake Elmo population isaging. 11.0% of the population in Lake Elmo is over the age of 65. In order to provide opportunities for these residents to remain in Lake Elmo, the City must strive to attract and develop a greater variety of housing that suits the needs of seniors, including those who require medical assistance orare disabled, requiring barrier -free housing. In addition, affordability is 'increasingly becoming important factor for many seniors in making housing choices. To give these residents the option to remain in Lake Elmo, developing housing options that are both senior friendly and affordable will be critical over the next 2Syears and beyond. Lake Elmo Comprehensive Plan [hopter/V-Housing Senior congregate care facilities with services are considered to be a facility consisting of 3 or more dwelling units, typically consisting of m u Itiple- household attached dwellings but may include other forms of attached or detached dwelling units, the occur)ancv of which is limited to Dersons 55 years ofage orolder. The facilitv may include meals, housekeeping, and nersonal care assistance and minor medical services; but not intermediate, long term, orextended nursing care for residents. Senior congregate care facilities with services are recognized as beinp different from standard multi-familv residential clevelooment given that residents in such facilities no longer have to be at work, pick untheir children, ordotheir shopping at soedfictimes of the day; some residents don't even drive anymore. Furthermore, many senior communities o,uvideon-site services tomeet their - residents' needs which further reduces the overall impacts typically associated with high-densitv_ residential buildings. Because of these differences, the recognized need for these facilities within the City, and the fact that higher develor)ment densities are reauired to make these facilities successful; senior/congregate housing may be allowed at densities of uo to 20.0 units per acr e. 4. Provide greater variety of housing in terms of cost and tenure type (ownership vs. rental) in order to give more people the opportunity to live in Lake Elmo, particularly younger residents and families. Considering the gap in the Lake Elmo population of 20-39 year olds, it is important to be cognizant of how housing affordability relates to the current demographics ofthe city. |fthe city wishes to retain younger residents and families in Lake Elmo, then opportunities for more affordable and rental housing must be present. Adding more young residents to Lake Elmo will strengthen the social fabric ofthe community and encourage more unique activities and programming. Additionally, providing more options in terms of affordability will allow more employees of businesses located in Lake Elmo the option of both living and working in the community. Future Housing According to Met Council forecasts, the growth of Lake Elmo will result in an increase ofS,948 households by 2030, representing an increase of 214%. In order to achieve this growth in a balanced and sustainable manner, aswell as fulfill Lake E|mo'shousing goals, the |-94Corridor and Old Village land use plans provide opportunity for a wide mix of housing types and densities. These housing densities will vary with a floor range of 2,0 units per acre to 10 units per acre, allowing for a greater variety of housing in Lake Elmo. These new housing units are guided for the 1-94 Corridor and Old Village at the following minimum densities: 1'94[orhdor Old Village • Urban Low Density: J.5units/acre ^ Village Low Density: Z.0units/acre ° Urban Medium Denshy:4.O units/acre ^ Village Medium Denxity:4.0 units/acre ° Urban High Density: 7.Ounits/acre w Village High Density: 10.Ounits/acre |V-7 1. Name nYthe Comprehensive Plan Amendment (CPA): Lake E|0OO Senior L'V'Og Max'OOUOl A8nS'heS 2. Please provide the following information: FC Q ntact Name and Title Address City, State, Zip Telephone Number Email Address Stephen VVenSO1@O,City Planner 3800 Laverne Avenue North Lake Elmo, M055042 SWen8OOan@l@ke2|[UO.O[g 3. Identifythe type of amendment (land use change, MUSA expansion, text change, forecast adjustment, etc.) and describe the amendment including location, description, affected area in acres, number of residential units inCPA area (if any)'etc. Provide any additional information relevant tothe amendment. Ty pesIT il,roon dxneot Text Change Language is being added to the plan to acknowledge the unique nature of senior living facilities (referred toau"senior congregate care facilities with nemicoo")relative toother multi -family housing types. To support this needed type of development within Lake Elmo, senior housing will be allowed to develop at densities of up to 20.0 units per acre within the Urban Medium Density, Urban High Density, Village Medium Density, and Village Mixed Use land use categories. Also corrected an inconsistency between minimum densities in the Village Mixed Use district (table 3-13 now properly reflects 8.0 u.p.o. minimum as indicated in the Village Land Use plan rather than 5.0) 4. The local govenninUbody Must take action onthe proposed amendment before submittal bxthe Kqabnpo||L-In Council, Provide the dates mdofficial action. ° Date acted Upon byrheplanning commission: ° Date approved bygoverning body, 5. Affected Jurisdiction Review: list the adjacent local governments, school districts and other jurisdictions that were contacted and the date the copies were sent. /\ftOn. Baytown Township, Gn]Dt. Oakdale, {]Gk Park Heights, Pine Springs, West Lakeland TOVVOhip.Woodbury, Stillwater Township, IS[}916'and the Metropolitan Airports Commission (MAC). � Crz�a111� G. Forecasts: Does the plan amendment change the adopted Metropolitan Council population, household, or employment forecasts? No, nnchange incommunity-level forecasts. 0 Yes, Identify the net changes tocommunity-level forecasts: While the individual construction of senior housing facilities within the identified land use classifications will certainly exceed the units per acre anticipated on those specific parcels, complete build out of each district is expected to still be consistent with the anticipated number of units anticipated in the current comprehensive 7. Land Use: Describe land use changes (in acres) applicable iuthis amendment site. (# Not applicable. Noland use changes proposed. _ � Designation ^ AULand Uses im��P4Area and uPre-CPA Acres { Post CPA Acres i --������''�� If you have more land use changes than space permits in this table, please attach a separate page to your amendment document. 8. Wastewater: What type of wastewater treatment will be used to serve the proposed amendment? Individual Sewage Treatment System (/STS) Privately Owned / Community Treatment System L/ Local / Municipal Owned Wastewater Treatment Plant * Regional Wastewater Treatment 8. Water Supply: Will the amendment increase or decrease projected water use from the community's current water supply plan? Nuincrease ordecrease inprojected water use from the water supply plan, 0 Yes. Provide the water supply plan amendm ent as an attachment to describe necessary facilities improvements urchanges. 10. Implementation: Will the amendment require changes in zoning or subdivision ordinances, tshe capital improvement program (CIP), or other official controls? No. 0 Yes. If Yes, describe proposed changes and limeline for making those changes below: None will be necessary. The current zoning ordinance already allows for ^C0ngn3gGt8 housing" iDthe corresponding zoning districts, but maximum densities for such facilities are currently capped by the comprehensive plan. The City anticipates the first congregate housing development to take advantage of this DoaxjDlU[O density change would be constructed in 2016 within the Old Your comprehensive plan amendment must include the following information to be considered complete: 1 . Color maps (8.5 x 11 or 11 x 17) showing the following: ° General location p(proposed changes * Current planned land use and proposed planned land use ° Current and proposed sewer staging changes 2. Staff report toplanning commission orlocal governing body. 3. Other relevant information related to the amendment including: ° Whether or not the proposed acnendment has impacts on regional systems including transportation, wastewater, and regional parks. ° Whether the proposed amendment includes any land within the Mississippi Critical Area boundary. ° How ainrnnvvaiergenerated from the site will bomanaged. ° VVhe\hertheneare changes tnthe projected water use due tothe amendment. 4. Comments from adjacent jurisdictions review. 5. Copy of adopted local resolution, authorizing the amendment to be submitted for rev�.ew. Metropolitan Council smRobert Street North Saint Paul, MIN sn1m "etr"ca"ncx.rg mowm1'60»Wm nY�,a/2``mx", /uaI*mvoll"u./*021500 nav; M!,o/ METKOPOLITAN TM CIT)' of: LAKE ELMO OR & COUNCIL CO U ICATION DATE: 2/16/2016 REGULAR ITEM #13b AGENDA ITEM: Request by Arbor Glen Senior Living LLC for Rezoning and Conditional Use Permit SUBMITTED BY: Stephen Wensrnan THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Joan Ziertman SILIGGESTIEI) ORDER OF BUSINESS: introduction of Item... ...... .„ ....... ...... Staff Report/Presentation ......... ...... ...Staff Questions from Council to .......... ......... Mayor Facilitates for Motion ............. Mayor & City Council I)iscussion.......... ......... ..... Mayor & City Council Action on Motion ........ ....... ..... Mayor Facilitates RECOMMENDATION: Staff and the Planning Commission are recommending approval of Arbor Glen Senior Living, LLCs requesting for rezoning and conditional use permit in order to construct an 84-unit Congregate Housing (Senior Living) to be located on 3.72 acres of land at the northeast corner of Lake Elmo Ave N (CR 17) and 39th St North with the following motions. 1. "Move to adopt Ordinance 08- rezoning Lod, Block 1, Brooknuin 3rd Addition from the GB -General Business to VMX — Village Mixed Use Zoning District". 2. Move to approve Resolution 2016- approving ofa conditional use permit fir Congregate Housing (Arbor Glen Senior Living Facility) with services ;vith 11 conditions. FISCAL IMPACT: -- page 1 -- City Council Meeting February 16, 2016 [Regular agenda Item #13] The construction will result in a $4,000 collection of SAC and WAC charges per unit. Exact determination is dependent on the Metropolitan Council's detemnnation. The project will also result in the collection of a $47,494.80 street assessment and $22,463.47 sewer assessments with the sale of the property to Arbor Glen Senior Living, LLC. The Planning Commission held a public hearing on December 14, 2015 which was continued to January 25th to consider Arbor Glen Senior Living, LLCs request for rezoning from GB - General Business to VMX - Village Mixed Use and a conditional use permit for congregate housing in order to construct an 84 unit (plus one guest suite) senior living facility at the corner of County Road 17 and 39th Street N. The proposed facility will have a total of 84 units: 24 memory care, 29 assisted living, and 31 independent living units, plus 1 guest suite. The memory care facility is located on the First floor and is a secure facility. The assisted living is located on the second floor, and the independent living is on both the first and second floors. The State of MN licenses memory care and assisted living facilities. The facility will be run by the Ebineezer Society. The memory care rooms do not have kitchens, and are not considered residential for building code purposes, nor does the Metropolitan Council consider them as residential units. The assisted living and independent living units have kitchens and bathrooms and are considered residential units by MN State building code and the Metropolitan Council. The assisted living residents will utilize a range of living assistance in the facility depending on the needs of the resident. Assisted living residents will not own cars or drive. A facility owned van will provide transportation for residents to access service and shopping needs. The site is located in the GB -General Business zoning district, but is guided in the Comprehensive Plan as Village Mixed Use. The senior living facility fits the definition of Congregate Housing in the City's Code of Ordinances which is a conditional use in the VMX — Village Mixed Use zoning district. At the Public hearing, there were was only email comments from one resident, Steve Delap which was concerned about the lot size, density and the distance of the facility from the core Village. The Planning Commission's primary concern was related to the setback from CSAH 17 (Lake Elmo Ave). The Commission requested that a 25' right-of-way easement be dedicated as part of this development and that the building maintain a 10 foot setback from the right-of-way. The applicant is willing to comply with the right-of-way easement dedication and has submitted revised plans reflecting the change, dated February 5, 2016. Since the Planning Commission meeting on January 24, 2016, the Fire Chief raised the issue of the "unique" response requirement of senior living facilities. Senior living facilities can result in an increase in emergency calls. In some instances, facility managers are unwilling to perform CPR and rely on emergency service providers. The result can be additional city costs and staff burnout. This is a city policy issue that does pertain to this proposed land use and other similar developments in the future, Staff has not addressed this issue with any condition, but it is an issue the City Council should consider with this application or in the near future. -- page 2 -- City Council Meeting February 16, 2016 [Regular agenda Item 413] FINDINGS FOR APPROVAL: In order to approve a conditional use permit, the City Council must ensure all of the following provisions are met. 1 The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. 3. The use or development is compatible with the existing neighborhood. 4. The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. 5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). 6. The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. 8. The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 9. The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 10. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. 12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Conditions of Approval: The Planning Cominission recommended approval with the following ten conditions: -- page 3 -- City Council Meeting February 16, 2016 [Regular agenda Item #131 1. That the applicant comply with the conditions/comments in the City Engineer's memo dated December 7, 2015. 7. That applicant comply with the conditions of the Valley Branch Watershed District permit 2015-27, dated December 28, 2015. 3. The developer must submit the drainage report and calculations to Washington County for review of any downstream impacts to the county drainage system. Along with the drainage calculations, provide written conclusions that the volume and rate of stortnwater run-off into the county right-of-way will not increase as part of the project. 4. That the applicant revised the landscape plan removing the landscape fabric from under the mulch and substitute the Canadian Hemlocks with hardier conifer species. 5. That the monument sign near the driveway entrance be relocated to be 15' away from the driveway intersection. 6. That all signs comply with the City's sign regulations and that no signs shall be installed or constructed without prior approval of a sign permit. 7. That proper State of MN licensing be maintained for the memory care and assisted living facilities. 8 That the 25 foot right-of-way easement be granted for CSAH 17/Lake Elmo Avenue in order for the proposed trail to be in the public right-of-way. 9. That the proposed building maintain a minimum 10 foot setback from the future CSAH 17/Lake Elmo Avenue right-of-way. 10. That additional sound mitigation measures be installed in the building along CSAH 17/Lake Elmo Ave. Staff recommends the City Council consider following additional conditions: 11. That the developer comply with the Lake Elmo Fire Department's memo dated November 20, 2015. 12. The landscaping once accepted by the City shall have a 2-year warranty and that the applicant submit irrigation plans for city approval prior to installation. RECOMMENDATION: Staff and the Planning Commission are recommending approval of Arbor Glen Senior Living, LLCs requesting for rezoning and conditional use permit in order to construct an 84-unit Congregate Housing (Senior Living) to be located on 3.72 acres of land at the nonheast corner of Lake Elmo Ave N (C.R 17) and 39th St North. The motion of approval for the rezoning is: "Move to adopt Ordinance 08- rezoning Loll, Block I, Brookman 3rd Addition from the GB -General Business to VMX — Village Mixed Use Zoning District". The motion to approve the conditional use permit is: "Move to approve Resolution 2016- approving of a conditional use permit for Congregate Housing (Arbor Glen Senior Living Facility,) with services with 11 conditions". -- page 4 -- City Council Meet rig February 16, 2016 [Regular agenda Item #1.3] ATTACHMENTS: • Planning Commission packet 1/25/2016 Item 5b • Planning Commission minutes 1/25/2016 • Lake Elmo Fire Department memo dated 11/20/2015 • Arbor Glenn Senior Living LLC resubmittal 2/5/16 • City Engineer's memo (to be handed out at the meeting) CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE TO AMEND THE LAKE ELMO CITY CODE BY AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELMO. The City Council of the City of Lake Elmo ordains that Lake Elmo City Code, Section 154.032 Zoning District Map, of the Municipal Code, shall be amended by adding Ordinance 08- , as follows: Section 1: Zoning Map Amendment. The following property is hereby rezoned from GB — General Business to VMX — Village Mixed Use: Lotl, Block 1, Broolcman 3rd Addition. This resolution was adopted by the City Council of the City of Lake Elmo on this 16 day of February, 2016. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk 474111v1 SJS LA515-5 Resolution 2016-_ CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-10 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ARBOR GLEN SENIOR LIVING FACILITY LOCATED ON LOT 1, BLOCK 1, BROOKMAN 3RD ADDITION. WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Arbor Glen LLC, has submitted an application for a conditional use permit to operate a congregate housing facility with services on Lotl, Block 1, Brookrnan 3rd Addition; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on the matter on December 14, 2015 which was continued to January 25, 2016; and WHEREAS, the Lake Elmo Planning Commission has submitted its recommendation of approval to the City Council; and WHEREAS, the City Council considered the said matter at its February 16, 2016 meeting; and NOW, THEREFORE, based on the testimony elicited and the information received, the City Council makes the following: FINDINGS 1 The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. 3. The use or development is compatible with the existing neighborhood. 4. The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. 5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). Resolution 2016- 6. The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. 8. The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 9. The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 10. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. 12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. BE IT RESOLVED THAT the City Council does hereby approve the conditional use permit with the following conditions: 13. That the applicant comply with the conditions/comments in the City Engineer's memo dated December 7, 2015. 14. That applicant comply with the conditions of the Valley Branch Watershed District permit 2015-27, dated December 28, 2015. 15. The developer must submit the drainage report and calculations to Washington County for review of any downstream impacts to the county drainage system. Along with the drainage calculations, provide written conclusions that the volume and rate of stormwater run-off into the county right-of-way will not increase as part of the project. 16. That the applicant revised the landscape plan removing the landscape fabric from under the mulch and substitute the Canadian Hemlocks with hardier conifer species. 17. That the monument sign near the driveway entrance be relocated to be 15' away from the driveway intersection. 18. That all signs comply with the City's sign regulations and that no signs shall be installed or constructed without prior approval of a sign pennit. Resolution 2016- 19. That proper State of MN licensing be maintained for the memory care and assisted living facilities. 20. That the 25 foot right-of-way easement be granted for CSAH 17/Lake Elmo Avenue in order for the proposed trail to be in the public right-of-way easement. 21. That the proposed building maintain a minimum 10 foot setback from the future CSAH 17/Lake Elmo Avenue right-of-way. 22. That additional sound mitigation measures be installed in the building along CSAH 17/Lake Elmo Ave. 23. That the developer comply with the Lake Elmo Fire Department's memo dated November 20, 20 I 5. 24. The landscaping once accepted by the City shall have a 2-year warranty and that the applicant submit irrigation plans for city approval prior to installation. This resolution was adopted by the City Council of the City of Lake Elmo on this 16 day of February, 2016. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk Resolution 2016- ENGINEERING, inc. K�����������U�� '.'�'~'��'`'�'°^�~^'"' CamGehemn' P.E. Jack Griffin, P.E. Ryan Stempski,P[. Chad bakaxn'p.s. Date: December 7,ZOl5 To: Stephen Wensman,City Re: Arbor Glen Senior Living [c: Planner Ben Gozo|a,Senior Planner, 5ambatek Final Plat Review From: Jack Griffin, P.E, City Engineer 651.300.4261 651.300.4264 651.300.4267 651300.4285 Engineering has reviewed the revised Site Plans for the Arbor Glen Senior Living Building. The submittal consisted of the following documentation prepared by Ayres Associates: • Civil Plans, including Certificate of Survey; Site Plan; Grading, Drainage and Erosion Control Plans; Utility Plan; and Construction Details, dated November DlJOl5. ^ Stormwa¢erManagement Plan dated November 17,IO15. * Architectural Plans, Site Photometric and Landscape Plans were received but are not a part of this review. STATUS/FINDINGS: The engineering review comments have been separated for Final Plat approval and Final Construction Nan approval. Please see the following review comments relating to the Final Plat application and approval. I. The Sto/mwater Management Plan must he approved by the VBVVD to receive V8VVD permitting requirements, The V8VVDpreliminary review indicates that the plan iscompliant with V8VVDrules. Any plan changes required by other permitting agencies must be resubmitted for City review and approval. J. The Stormwater Management Plan was received, dated November 17, 2015 and includes the following: � The plan proposes an on -site filtration basin togetherwith a StormTech underground infiltration chambers. Due to on -site soils being marginally suitable for infiltration, drain tile underdrains have been included inthe plans. � The project proposes to divert the runoff from the north filtration basin to the Village Preserve stormwater pond and ultimately to the Goetschel Pond subwatershed. Engineering views this as afavorable stormwa1erdiversion proposal. �~ The V8VVDixconsidering toapprove avariance request asthe underground parking garage first floor elevation will be Z'feetabove the lOO'yea,on-site flood level. The VBVVD has required additional engineering submittals todemonstrate alternative protection against flooding, 1 Easements and Agreements: Drainage and utility easements and easement agreements in the [itys standard form must beprovided asoutlined below and as shown onthe November 17,20lSCivil Site Plans. The following easement agreements must be recorded at Washington County prior to the start of construction. Easement for connection tothe existing 39th Street storm sewer. Easement for the storm sevveroutfaU pipe to the City storm water pond at Village Preserve. � Easement for 6'inch VVatorma\n extension interior to the site. This vvate,main and hydrant will bepub|icaUyowned and maintained. PAGE 1 of 2 � The plans must be updated to provide 3 additional fire hydrants, and associated watermain, as requested by the Lake Bnno Fire Chief. The Site, Grading and Utility Plans must be updated to include additional watermain easements accordingly and the necessary easement agreements must be provided for recording atWashington County. � A storm water easement and maintenance agreement must be provided to the City in the City's standard form and recorded with Washington County indicating that the applicant will own and operate the private on -site storm water system including the infiltration basin and parking lot underground storm chamber system. PAGE 2 of 2 December 28, 2015 Mr. Matthew Frisbie Ayres Associates 215 North Second Street Suite 204 River Falls, WI 54022 Re: Arbor Glen Senior Living Facility —Lake Elmo, Minnesota VBWD Permit #2015-27 Dear Frisbie: Enclosed is the Valley Branch Watershed District (VBWD) permit for your project. Please note the following conditions imposed by the Managers, which are also listed on the back of the pennit. 1. This permit is not valid until a maintenance agreement in the general format of Appendix B of the VBWD Rules is submitted to and approved by the VBWD Attomey. The maintenance agreement will need to include details to address the monitoring and maintenance of the underground stormvvater treatment chamber. 2. The required surety shall be submitted prior to construction, 3. This permit is not transferable. 4. This permit is subject to obtaining all other permits required by governmental agencies having jurisdiction (including an NPDES permit). 5. The VBWD Engineer and Inspector shall be notified at least 3 days prior to commencement of work. 6. Erosion controls shall be installed prior to the commencement of grading operations and must be maintained throughout the construction period until turf is established. Additional erosion controls may be required, as directed by the VBWD Inspector or VBWD Engineer. 7, The following additional erosion controls shall be implemented on the site: a. All proposed slopes 3 feet horizontal to 1 foot vertical (3H: IV) should be covered with erosion -control blanket. b. Silt fence should follow existing contours as closely as feasible to limit the potential for gully erosion along the edges. c. Any sediment that collects in stonn sewers, ponds, or other water -management features shall be removed. d. Street sweeping shall be performed if sediment collects on streets. e. If erosion occurs at the outlets of the storm sewer pipes, the applicant will be responsible for correcting the problem to the satisfaction of the VBWD. 8. To prevent soil compaction, the proposed infiltration areas shall be staked off and marked during construction to prevent heavy equipment and traffic from traveling over it. If the infiltration facilities are in place during construction activities, sediment and runoff shall be kept away from DAVID BUCHECK • LINCOLN FETCHER • DALE BORASH • JILL LUCAS • EDWARD MARCHAN VALLEY BRANCH WATERSHED DISTRICT • P.O. BOX 838 • LAKE ELMO, MINNESOTA 55042-0538 www.vbwd.org Matthew Frisbie, Avres Associates VBWD Permit #2015-27: Arbor Glen Senior Living Facility —Lake Elmo, MN December 28, 2015 Page 2 the facilities, using practices such as diversion berms and vegetation around the facility's perimeter. The infiltration facilities shall not be excavated to final grade until the contributing drainage area has been constructed and fully stabilized. The final phase of excavation shall remove all accumulated sediment and be done by light, tracked equipment to avoid compaction of the basin floor. To provide a well -aerated, highly porous surface, the soils of the basin floors shall be loosened to a depth of at least 24 inches to a maximum compaction of 85% standard proctor density prior to planting. 9. All disturbed areas shall be vegetated within 14 days of final grading. 10. The applicant is responsible for removal of all temporary erosion -control measures, including silt fence, upon establishment of permanent vegetation at the project site as determined by the VBWD Engineer and/or Inspector, 11, Valley Branch Watershed District shall be granted drainage easements which cover (a) land adjacent to stormwater management facilities (including underground systems) and lowlands up to their 100-year flood elevations and (b) all ditches, storm sewers, and maintenance access to the stormwater management facilities. 12. The required drainage easement shall be recorded with the Washington County Recorder's Office. 13. Return or allowed expiration of any remaining surety and permit closeout is dependent on the permit holder providing proof that all required documents have been recorded (including but not limited to easements) and providing as -built drawings that show that the project was constructed as approved by the Managers and in conformance with the VBWD rules and regulations. Thank you for your cooperation with the District's permit program. Sincerely, Da check, President Vfley Branch Watershed District DJB/ymh Enclosure c: Susannah Torseth, VBWD Attorney Ray Roemmich, VBWD Inspector Jenifer Sorensen, MDNR Kyle Klatt, City Planning Director —City of Lake Elmo Jack Griffin, City Engineer, FOCUS Engineering —City of Lake Elmo Rick Chase, Building Inspector —City of Lake Elmo Mike Lynskey Lake Elmo Business Park Company Karen Wold, Barr Engineering Co. Yvonne Huffman, Barr Engineering Co. P:\Mpls23 MN \ 82 \2382020 \_MovedFrornMpls_Pk2015 \2015-27_ArborGlenSeniorLiving \2015_12_0 1 TermitLtr_2015- 27_ArborGlenSrLiving.doeN VALLEY BRANCH WATERSHED DISTRICT TO BE COMPLETED eYvewo� PERMIT APPLICATION Permit Number 2815_27 Permit Fee Received $l mE;3 Date Received Nov. 18'. 2015 Return application to John Hanson Barr Engineering Company Engineers for the Valley Branch Watershed District 4700West 77"Street Edina, MN55435-48O3 Apermit fee shall accompany this permit, unless waived bythe Board of Managers. (Governmental bodies are not required to pay a fee.) Project Information Project Name Location (street address, ifknown; otherwise major intersection) City orTownship Parcel Identification Number (if known) Section, Township, Range (if known) - Project Timeline Estimate Project Contacts Arbor Glen Senior Living Facility ' Lake Elmo, Minnesota Intersection OfLake Elmo Ave N & 39th St.N City nfLake Elmo, MN 1102921�2ZV012 Section: 12 | Tnwnoh|p:29 Renge.21 Start: Spring 2016 Complete: Spring 2017 Applicant Nome waona,Fpism* Company (if applicable) , Associates ��qCi���� Address 215N.Second St, Suue2V4 Qty, 8tabe, Zip River Falls, WI 54022 - Phone 715426-5886 Email m Authorized Aqent Owner (if different than applicant) mme4n*key Lake Elmo Business Park Company 1183. Main St Stillwater, MN 55082 � mike@ Once o Valley BranchVYaterahed District permit has been opproved. the permit conditions will be attached to the back ofthis form. By signing this permit application, the permit applicant, his/her agent, and owner (hereinafter "Permittee") shall abide by all the conditions set by the Valley Branch Watershed District (VBWD). All work which violates the terms of the permit by reason of presenting a serious threat of soil erosion, sedimentation, or an adverse effectupon water quality or quantity, or violating any rule of the VBWD may result in the VBWD issuing a Stop Work Order, which shall immediately cause the work mnthe project related tothe permit tocease and desist. All work onthe project shall cease until the permit conditions are met and approved hythe VBYYD representatives. In the event Permittee contests the Stop Work Order issued by the VBWD, Permittee shall attend a VBWD Board of Managers meeting and discuss the project. Any attorney fees, costs, or other expenses incurred an behalf of the VBWD in enforcing the terms of the permit shall be the sole expense of the permit applicant. Costs shall be payable from the permit applicant's permit fee. If said fees exceed the permit amount, the Permittee shall have ten (10) days from the date of receipt of the invoice from the VBWD to pay for the cost incurred in enforcing the permit, by which ¢qpay the VBVVDfor said costs. If costs are not paid within the ten (10) doyu, the VgVVDwill draw an the permit applicant's surety. The Permittee agrees to be bound by the terms of the final permit and conditions required by the VBWD for approval of the permit. The permit applicant further acknowledges that he/she has the authority to bind the owner of the property and/or any entity performing the work on the property pursuant to the terms of the VBVYDpermit, and shall beresponsible for complying with the terms ofthe VBVYDpermit. Signatures (Required): Giqnature Date Authorized Agent omooam:xsux " uwCouNpsru*oR ^ omLEooeAuH ^J/uLoo*s ^ sowAnom^ncxAw ^ ^ - VALLEY BRANCH WATERSHED DISTRICT `en BOX eoa`LAKE eLmu.m/wwsSoTA 550420538 " ai cr -he E uJ rei -J PARY,NO LEVEL FLOOR KAN -.„ 39th St. N NEW FACILITY FOR LAKE ELMO, DRAWN O INDMX KO ME MT raatimmic aim 19.914 Ctit. MI ME PLY; • inn tukERA.WOflPJfl • Citictiiiii.C99,9 DUALS • ii0119£9019.9 ii19991.9 CONSIILCIIN Watt C.11 DOeiliritritki DEMI ntillIVATV Of EU itti9 99.49,99999 94.1 Maxi Mil KEW 94M 9.21 9991911,9iii.199939 RAN 99.1 iiiiii"19191999.9 LS% PUN 19.9990046 AZ�EX9a991,1 9.3.9 [9091931 ELES*11996 • ii93.911,0 WHIM El£49110.93 19919.0F oaouto imakroe Ftna 119994999,411ilkii 92 PAR. E904039 999999,1k9E 9 Ei9191990 1,9 TitiE MOM. lifilliACEME9919iNt id OWLS OTA PROJGCT LOCATION MAP z uJ z w 0 LAStF ELMO. MN ARSOR GLEN SENIOR LIVING LAKE ELMO. MN C.S,A.H. 17 0 ,1010212211 40-3500 MS', 0 20-27 0i012002: 10,009 {2 02. SAA SS 4 0.500-2 INLS1 - 121 S, 0 0.552— - 3SA SS c 2CDS 1122210010 WASS LAKE 10 0100 SENT!R 010100 FAvt,ly 42.026 Sr 21,102P2021 l'„:&FLED,XL 'LErArOZ: 932.03 BOSOM 4.12012 9E02120 004,000 wATER SERvE 200,1,022 IS 22 001(0 . „„, 27 CZNSECT 10 £2 1029212214 $22222 A 1201010,T 10 22 SASSM SEWS, 727,10), 39TH STREET . = , izt,63) PS 2022S 0.502 ]E1E011110 211.1129202/222 S .145, 12A RCM 11 0,204 LEGEND a BIKE FRAIL PAvEmENT SEE DETAL e CCNCRETE s 'Deo AL K T INTEGRA CONCRETE SIDEWALK G" C ONC RE I E SIDE w AL K (T1) S ANDARD DuT A SPHAL 1 P4 vEmEN T e HEAVY DUTY ASPH 4L I PA vEMENT EOEOVT OJ TY CONCRE 1 E PA vEmENT e CURB AND GUT TER MNUOT T YPE Lib 19 OH *OE DOE. MODDRO ORMOMR PAI Dn.*. M., DMIDIS • IEDARDM. ADDED • II. RIM DD.. SeIRMOT ROMIR • IRED.D. MIA DAR. • NIMROD. • OIDIRDIff M SD I: • MIR. ASEI M r • IDMR0(1... • • CORO.. M OMR. ADIA I_ DI.O1$ a DM ORRID. • PM ORM DI Dors ,ORMR IN DI ORD/RE DDEr. • RED. • 0 ARMES • f ERROR, • IMDRODIRCA C . 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I CITY OF LAKE ELNIO 41411414,145 7qt CITY OF LAKE ELMO 44.44,0040.40 11,141444.144V 403'.4 WRAP AT RCP OUTLETS CITY OF LAKE ELMO .;;; t 14411414,4, ; I-- CITY OF LAKE FIO() - _ :04241; 7 - DRAIN700 CLEANOUT 755 (Try OF LAKE ELMO 444444`.414..44t4,4, -.` ARBOR GLEN SENT 0 1'1'171' 1,O-7 r 1- t PIPE FOUNDATION DETAILS :-.111-172:'11 I CITY OF LAKE Et .MO GATE VALVE ADAPTER CITY OF LAKE ELMO 141 104 t. GRANULAR MATERIAL BEDDMIG MFTHOD 11-1-411, 01,:ffe, CITY OF I .AK E ELN.I0 CONCROTE REACTEON BACKING CITY 01LAKE FLMO STANDARD NAN NOTES IfIffli 011",,f1, CITY OF LAKE EL MO STANDARD PLAN NOTES OW f'fflY CITY OF LAKE ELNIO TYPICAL HYDRANT LAYOUT' FfitIft1 %UV ff., CITY OF LAKE ELNIO SANITARY SEWER MANHOLE. TYPE 301 NOtto CITY OF LAKE ELMO ARBOR GLEN SENIOR LIVING LAKE ELMO, MN f,444.4',.71-.442,f4t E A , COMMERCIAL CONCRETE DRIVEWAY crry OF LAKE' ELMO CITY ()F LAKE ELMO HI FT•li414.01' 210 11-1310..NRY 244. 114444AIVi 440 CITY OF LAKE El MO HIM CITY OF LAKE ELMO _e 5 CITY OF LAKE ELMO eteeVel, ,Ae5 5555.51, 11-101. AN, ',ill, 1,1,110,10,W. CITY OF LAKE ELMO 111.BRINI, ,N55 CITY OF LAKE, ELMO BICYCLE -PEDESTRIAN PATH an' OF LAKE ELMO '01 444 rA MANHOLE CASTING ADJUSTMENT LILia 110 ::.1` CITY OF LAKE ELMO „„. STANDARD PLAN NOTES CITY OE LA K E ELMO fA,0 STANDARD PLAN NOTES mott,EN. ,00 CITY OF LAKE ELMO -„` • SILT FENCE 11 ARAArYAAT CITY OE LAKE ELMO STANDARD PLATd NOTCS efTY OF LAKE ELmo ;dr t1;;;I: cT"TscsT'.44c-T-TYAT'sc SEDIMENT CONTROL AROUND STORM SEWER INLET if WU AM 700 CITY OF LAKE ELMO STANDARD PLAN NOTES FFRItt,.1 CITY OF LAKE ELMO ROCK CONSTRUCTION ENTRANCE CITY OF LAKE ELMO ID 01 01 01 01 04 01 0 01 00 likKe ELMO MN ,74.T1,1 NETRT-Trs=.1. ;‘i Tat-TS 10 60 -'.2." s. :- $ •r, "---z,/, i 1+ Tres.,,-_,T, ,TR_T,T „Ts ; _ _ ---il — , - 7 i .„--;,R:i -'5 5'''a ` / s' S TTSTS s Oyu y „St .ps I I -To - „Ts 33 • 13 Tis .e" ,TT TT' / GI / i: „es / TY ": eR t -ist= i :„sta ',PR's.: - t- ;4: s': s smst,.;:--1.1:;:ti:/-_,. i fAstss:/s;si, I ' Tr" kift T'sr.S.ST -sts tast t -,-st a 33. - 331 Tt" .31 Ts, LEGAL DESCRIPTION- tttt 4477* t BW,C1,,IAN AMMON 45st etotatqr, MIttrtg5c. EASEMENT NOTES .4,1,, antf "Wm. ,Itttivt,ttri Ott rec.,. pt,s, Nat Witt aloft, ri.1 tdkd ,fte th, .nett 41tito ets.rtitt,t ntrt, ext. As it °lawn AREA 'Carat 43E3 or Rshtti. V.F Er se, aCittS SURVEY NOTES: TT,'Sc'TyPVS';ITT'ZI:PVITISSII:SSIT;II;;Prr.,uypy VI,IttINC.T9`1 SVR,TORS U310€4,tti01,40MUMS ‘Of It Eltit AIM, UAW, 0, Ci-Si.414.,(,,t Uri ,EIR '441, . UNDERGROUND orkmEs No-res MCS Y-I6A4,1“.411 t£E, LOCA. .0ki iltIVAY W.W.I,: A'. n54,INC.3. StINVEItt kiAttES CtWANTEC siss Tin litt(10,1.4,0 ti3113M, Cilk,r1t6,445t tstt, 4030131331114403411133419 501,37004 AtANUONEO, 11E Mi,E,OR iltiksi ‘61 WAU13411110.1",}1{ UNDEFoIROIJK, 037,13,3 AKE Pt THE Et. tscirtos,,DiStAlln A111.10i t4f 1,11. not-, d0.€1.0,rED AltCtAtAtus PUSUPIA 1110S1 . sissit, OW, is. AM Ft rots ,ttIrt NOT ROA MCAILD 00 II,D0{0.1,L) VISO. COPH. rat W. CAE t artift resist ssmsEftsf sists-st, 5031£0I4373WESt ,,CFI7113431F40OT1.4 NO, Ff€,F,D TO THE tOCAILII£4.$1, scsmoss WHICfil XI AM V,,,tiVtflf Gopher State One Cali CONTACT Tyris R,Mt .thte Sash Stood Stextetststs.ssi fir. 3033 033 R402/ 1 715 4,6,14. COUNTOCITY "SR3031 rst C/r CY IsE CD: ,Cs us, hs..4 —1—"se` <IR> 1" 31 CS- Es 'Gesso CT> T WROTE MAP Pot" ‘LIEVISIONS ORM RtS5,3, 011.1. CERTIFICATION. PROTEGE LOCATION: ><. 3 91—F1 ST. N. PID#1302921220012 10* N, 55032 075 t}att s CORNERSTONE LAIC) SURVEYING, INC. .4.04 AV 4044 CERTIFICATE OF SURVEY ld MC01113 r a ARBOR GLEN SENIOR LIVING LAKE ELMO, MN ,.„ 4141i " t-- den= I ARBOR GLEN senieR LIVING LAKE ELMS.), VN 0 ASSOCATES AREIOR GLEN SENIOR LIVING eEXTERIOR ELEVATION • 571 7 5b55 EXTERIOR ELEVATION c:43 r;r:b 1,7 eEXTERIOR ELF/ATIrj,7N - --- 75 7557 :75 11111111.P.S‘ uptijm }„, I EXTERIOR ELEVATION .4 ARBOR GLEN SENIOR LIVING tAME ELMO, Mt. ASSOCIATES ARBOR GLEN SENIOR LIVING .44E. ELMO, MN CD 4 ...lb-. ASSOCi,i,kTES ARBOR GLEN SENIOR LIVING LAKE ELMO, MN 0 EXTERIOR ELEvATION (7) EXTERIOR ELEVATION EXTERIOR ELEVATION ARBOR GLEN SENIOR LIVING A3.4 z ARBOR GLEN SENIOR LIVING LAXII ELMO. JON LANDSCAPE PLM LEGEND - itwalvoott GENERAL NOTES 3X3 3,33,33.33.33,NE3.4,3,0 33 AN, USFSND Taal, sc4E0)1.5_, PR:LIMINARY DRAWINGS NOT 7OP PLANT ETHESULE 0 0 - -I 0 0 0 0 0 0 0 0 0 -,. • o • --v.- Y. 0 . - • a CONSTRUCTION -", d • , N SENIOR LIVING 0 LEGEND ND APE PLAN ENLARGEM T awvnwtt Mtn, N wINc IAMPI GENERAL NOTES, PRE_IMINARY DRAWINGS NOT FOR CONSTRUCTION LEGEND +ircwabn. tw+s g w-.5 GENERAL. NOTES: OEXISTING TREE STRATEGIC PLAN PRLLWINARY DRAWINGS NOT FOR CONSTRUCTION L1.4 660 $00,16,6 0,0)+660. LANDSCAPE SURFACE TREATMENT PAN LEGEND 6606666, 0046 0+6.616. we; 06 0066 GENERAL NOTES, 660160s0., 66-6. o.06,600 6 666,60:066.66 r 6,66660,6. 06 5,06,0 66,6,0", ,00 6,6,66 .166 PRELIMINARY D-AWINCS NOT FOR CONSTRUCTION - 6,6, we 606:06600,, wz LAKE ELMO, KEE , - ' " 0 PANTING DET PLANTNC- DETAIL 1416 0,11A NV1 N1/,11 WDINF.S N310 8082AV S'31. VIOOSSV Lake Elmo Ave. N LEVEL FLOOR PLAN 3'__th St. N FA,EME,, NEW FACILITY FOR LAKE ELMO, DRAWING MORI( gtorinWfut 111E1 Wel • Pi#1411,11.4. STEAM attECIAL A29 N.G.& fl4XlOutt AZ, 04.004.04AN W41 ADM PLAN ME G1.401141XXXO Lea ROW FiN4 ecivat aeqmrrA V.2 MINN aPiMr.n11 MT BOMA litrvAltaa M+ MOM WelKIR REvAlOse thtiNeft tit MEMO WM,. RAN tineCAFE PARIK 94,WCED EMIWNE ftAti £W#44. EiNtAXED 40.0410,0 Ptur IA MEMO/. • SIVIXIFEAnreit li.rfiLS OTA PROJeCT LOCATION MAP ARBOR GLEN SENIOR LIVING AK F MO MW MENAGE END tj1Ufl E.ESEMENI L. „ „.„..... „ A SSOCI A TES !rR PREEOSEE TEAL DENNENEM4f1 UNLIL 1' EASEMENT ARBOR GLEN SENIOR LIVING LANE ELMQ, MN C.S.A.1-L 17 g - Lt1 05P00500 51001201011 N.C5.35.0R s4011 SIO10GE1 10,005 0- 12 SS 05S0X5-5" 0.SO' To Ex ',KR SERVICE CavRESS 10 f_x 0E2331144 SCRvicl. - 39TH STREET LAKE ELMO SEtiOR tA5444 44,026 Sr F1301p514t 0RS1 Rout EU 943.50 LODI LEVEL ELEVAIICri, 1414503 WILMS SAvriaRv SERVICE 13,14c45 RATER SERviCE CET- 5.52,32, IIPARAKI V' CV 1455 • 12- RCPSS o.soa :E.t.tclmt TRA145,C.A. ,-tat - 07 RCPSs t 0.154t COW'S, 0/5 Ex SSC. SERER LEGEND BIKE MAN_ FAvEMENT SU cum. &) 4CONCRETE SCP4ALK 4 INTEGRAL CONCRETE SIDEwALK e ES":Z 17ETE (2) STANDARD DUIY ASPHALT PAVEMENT HEAvY DUTY ASPHALT Pi,VEMENT HEAvY DuTv CONCRETE PAVEMENT CURB AnD GUTTER mNDOT lYPE 144415 35.5 ,21.179,25.1709,2.3.1.1551,..1351EE 5,575537,27 1,59 Ear ...1,37 :NE 2,933.7,1,5 .1733.962 Eat.3.1 C3,7£3 05.1.25 757,3,33,2575.9.21511 E53,33.53,,,,25 -35., E73,373,22.- 7E1., E:35.35,,91593,77 535 3, 5,939 5.7.7.959.22 na, C5.7.9 • CE.,3,45... 42 157.7, • 974,....33359 .....957237,454. 33,7ft, CD,E,C E3 Evivvo,cictsrRivoii,,enisSCS/CiiiiICR, 9954,74,15 0.15 • 2 sa • ,4,73 • 3.317 153,, • 73,70,93.7 :5 79 ,E3 • 1525. 291C. • 1,919 2 EEC. .53,350:33,25, 7.5.4....95 E. .5.2.35,53.55,19 0,55E,E5-55,5,, 15,1,55 4 47 2, CEE113.5,7 +WEE • ,:533 2 11 35, • 1.1.2 95 C37 sav,s C59.5,13.9.51734 3 .20 C.929 • 129, 290 C. EEC, . 272.3 1.55. I C1C, • 1:505. 1,7 9773.3„22,933.7.4,,, 9,93, Dr 3 E2•24A jEkEEE ErtERPE1 ,5,15,551FEEE 0,51,EE 9.25N35, 9.53.94-6377.2 5-5329.5.3,331,3 3E, 0.3,49.31 .2 3439 CD 41 • 12 O :73 044 ca C1,2 - , - ASSOCATES • ARBOR GLEN SENIOR LIVING LAKE LIMO, MN ..„ V 2 g SlANDARD PLO; NOTES LLA Fl FP,ii,`•,• CITY OF LAKE ELNIO , - - STORM SEWER MANHOLE, TYPE 407 14 IOW 701, (TIN OF LAKE ELNIO .1,1110,11 cm' OF LAKE ELMO STORM SEWER MANHOLE, TYPE 409 TErm ARV ern' OE LAKE ELMO t 1,-1110 .4tt CITY OF LAKE ELMO vt,,,,tedyAgititgi HMI ',NI ;AZ RIPRAP AT RCP OUTLETS CITY OF LAKE ELM() 411 A t 1 WORIJARY 2M5 CITY OF LAKE ELM() -I--- ) DRAINTILE CLEANOUT FErlitt 2:315 rt' ` CITY OF LAKE ELMO 99.E9L1,,,,x ENIOR LIVING CAKE, , PIPE FOUNDAIKTE DETAILS FrONI,R, f'f fi'f' I CITY OF LAKE ELMO CATE VALVE ADAPTER CITY OE LAKEELMO GRANULAR MATERIAL BEDDING METHOD crry OF LAKE ELMO .,1 ,a,„• -DED. CONCRETE REACTION BACKING KIM tit, :01, crry OF LAKE ELMO 101 STANDARD PLAN NOTES FERRI_ ,V-0' 241 CITY OF LAKE ELMO x zaa. aaa :Ca:, aZa,A35 al. a ,t7 fl IMPARy STANDARD PLAN NOTES CITY OF LAKE ELMO HMI TYPICAL HYDRANT LAYOUT (my OF LAKE ELMO SANITARY SEWER AJAHOLC, TYPE 301 Fr.t CITY OF LAKE ELMO SENIOR LIVING cc 0 cf 15 15 firf-ff,efff COMMERCUR, CONDRErE DRIVEWAY IT itItttlitY :ttI3 CITY OF LAKE ELMO CITY OF LAKE ELMO tIttittt,i1V cm' OF LAKE ELMO tuttt DAR CrTY OF LAKE ELMO rffIlttftikr;tIt't CITY OF LAKE ELMO CITY OE LAKE ELMO I Ellt4rAtt, ,,1• CITY OF LAKE ELMO BICYCLE - PEDDSTR,AN PATH Frfiti11.1.115 CITY OF LAKE EI„NIO N 5,NIOR LIVING LAKE ELMO, 5.8N f-7.5.:;f727,-K5t- MANHOLE CASTING ADJUSTMENT Itt1.2, Uri .700 722':;7:1;'tt crry OF LAKE ELMO STANDARD PLAN NOTES CITY OF LAKE ELMO .00 STANDARD PLAN NOTES 012122401- 2012 j cm' OF LAKE ELMO SILT FENCE Itt_010200I CITY OF LAKE- HATO STANDARD PLAN NOTES 00012020- .1012 Httti.422±' CITY OF LAKE ELMO 04,02 200, ,022 Ct.-23 C0t—r0:0 SEDIMENT CONTROL AROUND STORM SEWER INLET 1-2400 'ARV 2,4, Y OF LAKE ELMO Fftftlet,,,' 1,001,40 7,- STANDARD PLAN NOTES CITY OF LAKE ELMO RacK CONSTRUCTION ENTPAnCE CITY OF LAKE, FIA10 .1.'0 .2.00100 - 00 00 00 00 00 NT 00 00 00 00 9 5 40 se* .735.00 re' ,, / 44 / "ii ,, es .i.rfitrir7;4•Nri::- `-;'''' /*.t- — — — .4', - —7.,-0147,,r'f'77;- , ,,--,7,-,-,i 7 40 -3977i STREETN: - 0.; re' 44 room, avno.u.12 ...uf.0:4 dr.}Iniq 03(.1, f.aseme,t 41.0. ¢27 rrLaga 04. th.0 sPe not a.tc.N AREA 101At. AREA.. P.Mirt4 C.,,,Jo Pan, . ,., SURVEY NOM' ` FrAAINCS A11,1951{2. ii30.41,,,,,./£4 WILfIGe, CEN.NTY so..045 DnIDD aD Z. 4.1.01,0 I.011131,'S 40t 1 El €,A-110,15 WED ON 0, {.106-VEU.L.S. !C.-A LEGEND • ears's-sir' UNDERGROUND UTILITIES NOTES- - UNZ.C.P.MP Ullt S.W. HAVt f A,P.4 f ti#6 5.10 hrtAkf, T,11070111.10410 i..4.A.,ntrir TN 6T T. ,N13kfq.k01.1,1t313.1r4E5 StiCe. CO577OMF.3001 SULls bill TUT 4,, Ern. is:SERVICE Olf kBANDOULD 50.0013 1071110. 1.0,31,104,1,41.10£1.100[41,04NEI0TIM US ARE IN DU Ka3r41£0 ISE I:0ES CEATI, 11-14,KY DIE DA D AS PossiDE nolD WFORM3114,4 AVA£L..{. TM} 49.11 1,CAttl, 1.1.14C0,1,1-1.0.) GiVt1111 WI,. t arATE 7..1,4E1.143804., S0'4 WrAE 4MEN£0. A.; itIliER 01011El ',OF An-P0.1 tt.g,a,k 011111E5 Of .11.014., ARE 1.1,44APE r Gopher State One Cali - CONTACT. Kan IDDIn NOth `...aCtSMS Strt., Stritt 20..t tiNtt Inn, DI 14*0' Y. 115,4 zcLPOP ELL No COUNTY/CITY. LDS VT....ED 'No' CT= If -T, +C> VICINITY MAP REVISIONS, Dan 14,5 ”1111,..11. , CERTIFICATION. PROJECT LOCATION „>< 39TH ST. N. PID#13029212N012 It4thca. SS,a1 *.i."rtur, 0.25.Riu9 \ \ CORNERSTONE LAND SURVEYING, INC, VR011,-,11. CERTIFICATE OF SURVEY 1 1* I minimum OVERALL PARKING LEVEL FLOOR PLAN LOWER LEVEL FLOOR PLAN 46 PARKING STALLS 22,692 S.F. -F; 2 0 2 LAKE ELMO, MN A2.0 ISUILDI)G SUMMARY ItedAmAJAY CA1, EA AMSTED LIVOte • 2.1 runs-$ A It hPePE404.1.1, UNrtAiO • it '!47 6.14.51. Roo nzAr frAonseo TOTAL • &A t WS' NAM ('\ OVERALL tAAIN LEVEL FLOOR PLAN GLEN SENIOR LIVING A2.1 Lc.t-c) — ISUILDANS SUMMARY IAAAFAA FAAA . 14 ,itttt etttoott ttt riSIStitt, tlYttia MOCt . It IldttPCSIDe-Kr mdt "toot t ntI65. %MST OtlIntit ottot4 toct t 19,XOPOSett ROTA tt dtt t 09tert1 SURE OVERALL SECOND LEVEL FLOOR PLAN FL. . ARBOR GLEN SENIOR LIVING EXTERIOR ELEVATION 0 EXTERIOR ELEVATION TET•rt`lE TTTTET '4TETTITVET' TTZTEETT's'14::::71, E„, T ER 1 0 EXTERIOR ELEVATION Pth tat /kit LLEANAANA XEXT 4044. 1. 44 it it - 11111111ffi 4 4 EXTERIOR' ELEVATION IIEEvA-4 A'NE ARBOR GLEN SENIOR LIVING 0 EXTERIOR ELEVATION EXTERIOR ELEVATION 11,1 i!!Iil L EXTERIOR ELEVATION r - RION ELEVATION 0 EXTERIOR ELEVATION L. L ARE3OR GLEN -LAKE Ft ME). RAN A3.2 0 EXTERIOR ELEVATION EXTERIOR ELEVATION EXTERIOR ELEVATION ARBOR GLEN SENIOR LIVING LAKF Rt FAO, 101.4 A3.3 11414 $1, 141 6Pkt HIRalk ARaOR GLEN SENIOR LIVING LAKE al.10. ThTA , ARBOR GLEN SENIOR LIVING LAKE ELMO, MN LEGEND 66,096.6 t616 664,666.1.66f 60616 leAk 56111 5C66. ,66.61646 066 66.66 466_04 I 56o 66, 6.641, WV. GENERAL NOTES XIST1N- F 0 LANDSCAFE PLAN L • PREL MINARY DRAWI \ICS NOT FOR CONSTRUCTION L1.1 LANDSCAPE PLAN ENLARGEMENT LEGEND .114^1±0T LP{ GENERAL NOTES: -"` PREL MINARY DRAWINGS NO FOR CONS-HUCTION 0 0 SCAPE PLAN ENLARGEMENT ILGEND I s,wcwm au Wrgnexc� GENERAL NOTES- PRE_ININARY DRAWINGS NOT FOR CONSTRUCTION '"'"ItL•4- LEGEND CEXISTING TREE STRATEGIC FLAN Iscoe SIPA Ma. PRELIM NARY DRAWINGS NOT FOR CONSTRUCTION nem R GLEN SENIOR LIVING rf (-- 7 NDSCAPE SURFACE TREATMEMT PLAN LEGEND PteCo,r, U. SUU. UM. GENERAL NOTES - PRELIMINARY DRAWINGS NOT FOR CONS RUCT ON - ----i_ ---- ARBOR GLEN SENIOR LIVING L1.5 SHRUB PLANTING DETAIL E PLANTING DETAIL PROTECTION DETAIL ENNIAL PLANTIN DETAIL BED EDGING DETAIL Date Received: Received By.c-,_ L.4ei4 LAND USE APP LI Comprehensive Plan RECENED THI.F. CITY OF 651-7 jAKE ELMO 3a0Q Laverne Av AUG 2 bi itmo, CITY OF LA1.' 7-3900 e North 5042 CATION Zoning District Amend 0 Zoning Text Amend El Variance*(see below) 0 Zoning Appeal Conditional Use Permit (C,U.P.) 0 Flood Plain C.U.P. Li Interim Use Permit (I.U.P.) 0 Excavating/Grading 0 Lot Line Adjustment 0 Minor Subdivision 0 Residential Subdivision Sketch/Concept Plan El PUD Concept Plan 0 PUD Preliminary Plan 0 PUD Final Plan Applicant: Address: Phone # Email Addres Fee Owner: Address:221 Phone # ept Email Address: Property Location • Address and Complete long) Legal Description: /WO Ce/Li ry RP, r7. Detailed Reason for Request: 'Variance Requests: As outlined in Section 301,060 C. of the Lake Elmo Municipal Code, the applicant must demonstrate practical difficulties before a variance can be granted. The practical difficulties related to this application are as follows: In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to p alt e ts eceived from the City pertaining to additional application expense. Signature of applica t: Signature of fee owner: Date: Date: LL AUG 2 8 7.015 Arbor Glen Senior Living' Project Summary To: City of Lake Elmo, MN 27 August 2015 From: Mathew Frisbie - Ayres Associates Inc The followingfoliowing describes the overall project summary. Arbor Glen of Lake Elmo, Senior Living Project with Ebenezer Management Like Elmo, MN The Location and Demand This proposed senior living project is a parcel RE Lake Elmo Road and 39th Street North in Lake Elmo. Lake Elmo is a suburban community of 8,773 people (2013 estimate) in Washington County. While lower -density, Lake Elmo is surrounded by larger neighbors. To the northeast is Stillwater (population 18,970) and Oak Park Heights (4,866), On the southwest is Woodbury (65,746) and on the west- is Oakdale (28,142), Lake Elmo is an appealing residential location as it combines a picturesque rural character with excellent access to shopping and services in the surrounding, area. A new senior housing development in Lake Elmo attract existing local senior residents along with drawing many residents currently, living outside the community. Based on the characteristics of Lake Elmo, community orientation, proximity to other senior housing properties in the surrounding area, geographic barriers, and our knowledge of senior housing draw areas, we estimate that a senior housing development on the Site in Lake Elmo would attract approximately 65% of its residents from a draw arca (Primary Market Area, or "PMA") that includes Lake Elmo, Wesr Lakeland Township, and Baytown Township. The remaining portion of the senior housing demand (.35%) would come from outside the PMA, particularly parents of adult children living, in the PMA. The preliminary senior housing study was completed by Viewpoint C...onsultii , Inc. Based on pent-up demand and the ..,!rowch in senior households, the Market Study identified an unmet demand for independent senior living units, assisted living units and memory care units. These numbers conservatively reflect a capture rate of 30% of the market area excess demand. The senior population is projected to continue to see an increase for the next five years. This provides for a very healthy and growing senior population. The Project The sire development for this project- managed by Ebenezer is a total 84 units. This would consist of 24 inen tory care units on the first level and a blend of 60 independent and assisted living units on the first and second level. The rent structure is comparable to neighboring facilities and other new campuses that are currently being constructed across the region. The building will incorporate typical senior building amenities such as dining rooms, family dining room, multi -purpose rooms, beauty shop, activity rooms, theater room, medical clinic space, therapy, library, fitness room, spa room, pantry, management office and commercial kitchen, It will also have underground parking, The exterior of the two-story building will incorporate brick, stone and Hardi-type siding (cemcnritious siding) with a sloping asphalt shingle roof. The building will be scr back off of rhc two adjacent streets with extensive patios, landscaping, gardens, walks and courtyards, The Management Team - Ebenezer Senior Services: Founded in 1917 by Minneapolis Lutherans to provide community -centered care for homeless older adults and others in need, Ebenezer Senior Services programs and services today include: • Independent Living (including condominiums, cooperatives and senior apartments) • Assisted Living • Memory Care • Transitional and Long-term Care • Adult and Intergenerational Day Programs • Community -based Services • Management and Consulting Services • The Ebenezer Foundation Part of Fairview Health Services since 1995, their combined resources and expertise offer access to a full range of choices for vibrant senior living. In partnership with the University of Minnesota, they are also part of an academic health system improving the patient's clinical experience, conducting nation -leading research and achieving academic prominence. Ebenezer will assist in analyzing the marker, establishing a strategic marketing plan, producing sales collateral, coordinating a public relations plan, anti training sales staff. Enough Ebenezer's system for managing leads, maximizing sales, and monitoring programs to reach occupancy projections, Arbor Glen hopes to exceed projected occupancy. Ebenezer will provide effective on -site management as well as consulting services in all areas of management. Ebenezer has proven that quality patient care and a positive bottom line can go hand - in -hand, Ebenezer will also continue to assist Arbor Glen in evaluating the facilitiesstrengths and weaknesses. In doing so, they will assess current programs, any service gaps, as well as opportunities and threats in the external market environment. From this, recommendations for ncw service options tailored to the needs of seniors will be developed and include an individualized implementation plan. The anticipated number of employees for the Arbor Olen Senior Living project will be approximately 50 employees_ This will include an executive director, a clinical services director, mix of RN's and/or LPN's, nursing assistants, and staff for activities, marketing, dietary, housekeeping, maintenance and other administration. Please contact me if you have any questions or comments. Sincerely, Mathew I. Frisbie, AIA Vice President - Ayres Associates Inc RFCF-IVILD AUG 2 B 2015 CITY OF LAKE ELMO Arbor Glen Senior Living Project Summary and Community Benefits To: City of Lake Elmo, MN From: Mathew Frisbie - Ayres Associates Inc 6 January 2016 The following describes the overall project summary for the proposed senior living facility along with the economic and social benefits to the community. Kev benefits to consider for the community of Lake Elmo: • The new facility will employ between 30 and 40 staff, • The annual payToll will be in excess of $1 million. • Baby boomers and seniors have the most expendable income of all age bracket and by staying within the community, their spending stays within the community. • The market study shows that 30')/0 of the tenants will come from outside the area, so attracting, new residents to Lake Elmo. • Benefits for the local businesses and the downtown: The seniors, along with their families, visitors and, the staff who work in the building, will shop and stop locally. This will benefit restaurants, grocery, retail, banking, etc. The energy of a senior building, is a good anchor for any community. • Most seniors within this facility won't drive and take fewer driving trips - this results in less impacts on public facilities than a typical residential facility. There will bc a senior van/bits dedicated to this facility to help seniors with transportation to events, local amenities, and other functions. • This project will pay property taxes, substantial impact fees, utility access fees, and utility assessments. • This project becomes an asset and an anchor to the Village lvlLxed Use district and it will provide momentum to spur more projects within the Village Mixed Use area. This is a great transitional zone that will bridge between the downtown commercial and the single family homes. This project helps pay for the Village Area AUAR fee/costs (Alternate Urban Areawide Review). • This project helps offset the density requirements that rhe Mer Council is asking for by 2030. (The updated Met Council number is 7100 households). Kev ouestions and points to consider for the proposed Arbor Glen Senior Living proiect: • Why 84 units? This type of building, requires an efficiency in staffing to keep the costs for the residents reasonable. The same staff serves several residents. The common area amenities are many and they need to be designed to accommodate nuiltiple residents with various needs (kitchen, dining, library, room, community rooms, activity areas, offices, fitness rooms, medical/therapy space) Protected underground parking is a great benefit to the seniors in this Minnesota climate. This allows for easy access for moving in, picking up family members, and heated and secure parking. Why does the project have the unit mix that it is proposing! • It's a best representation of what the market needs and allows for resident choice. It also is best to have a mix of individuals who need services to support the levels of staff that are required. This also gives the residents the ability ro age -in -place rather than moving many times depending on their needs. • What are the benefits ro seniors in moving a facility like this one? Activities, games, entertainment, meals, and social times that keep the seniors active and alleviates boredom that may lead to them become idle or inactive. There are opportunities to be with your fellow senior friends or make new friends - this overcomes the feeling of isolation that may come from living alone. Privacy and dignity with all single occupancy rooms with private bathrooms. Full time caregivers and health care professionals to provide care that match the needs of each individual resident. Assistance with medications, rehabilitation, therapy, daily activities, etc. The food and nutrition programs enhance the quality of life. It's common for new residents, who had been eating poorly before they moved -in, to experience improvements in their health and well-being just from three square meals per day and a guided nutrition program. Great connection to the outdoors with covered patios, extensive landscaping and paths, and the connection ro the community bike and walking, paths. No home maintenance. - Safety and security. What are the benefits to having senior living within a community? • Keeping seniors in Lake Elmo. Attraction of younger people living within the COMMUllity (with the newer single family developments are under constructicm) will give them the opportunity to move MOM or dad closer to them, The majority of seniors prefer to stay within their home community. lithat's nor possible, the next most common choice for senior living location will be close ro adult children. Both make that community more "liveable". As local seniors have the need or desire to move into a senior facility they sell their homes to younger families who tend to revitalize a community with available homes and that brings school age children in to the schools. The other communities Ebenezer manages become an amenity to the community, attracting employees to the area, cultural events and others who explore the community around the senior facility. What is attractive to Ebenezer in the Lake Elmo market? Ebenezer prefers areas that have a distinctive connutinity. Lake Elmo certainly has wonderful reputation. Ebenezer does have other sister communities within the area and that proximity provides for the sharing of ideas and energies. What have we seen in other communities after the project is up and running? • Whenever there has been a question with the community response in the planning process, the fears have nor been realized (traffic, ambulances, etc.) and the community involvement throughrhrough illrergenerariona! programming and volunteerism has become part of the overall community story. We encourage you to talk to other communities that have new Ebenezer projects within them - for example, Deephaven, Forest Lake, Woodbury, etc. Ambulance and fire response impact with a senior facility? • The frequency of emergency response is typically fewer in number than serving seniors living in their own home. Since the community has 24 hour staff, some situations are managed without the need of emergency personnel. Proiect Summary: Arbor Glen of Lake Eltno. Senior Living Proiect with Ebenezer Management Lake Elmo, MN The Location and Demand This proposed senior living project is a parcel at Lake Elmo Road and 39th Street North in Lake Elmo. Lake Elmo is a suburban community of 8,773 people (2013 estimate) in Washington County. While lower -density, Lake Elmo is surrounded by larger neighbors. To the northeast is Stillwater (population 18,970) and Oak Park Heights (4,866). On the southwest is Woodbury (65,746) and on the west is Oakdale (28,142). Lake Elmo is anappealing residential location as it combines a picturesque rural character with excellent access to shopping and services in the surrounding area. A new senior housing development - in Lake Elmo attract existing local senior residents along with drawing many residents currently living outside the community. Based on the characteristics of Lake Elmo, community orientation, proximity to other senior housing properties in the surrounding area, geographic barriers, and our kno,vledge of senior housing draw areas, we estimate that a senior housing development on the Site in Lake Elmo would attract approximately 65% of its residents from a draw area (Primary Market Arca, or "PMA") that includes Lake Elmo, West Lakeland Township, and Baytown Township. The remaining portion of the senior housing demand (35%) would come from outside the PMA, particularly parents of adult children kin,"in the PlvtA. The preliminary senior housing study was completed by Viewpoint Consulting Group, inc. Based on pent-up demand and the growth in senior households, the Market Study identified an unmet demand for independent senior living units, assisted living units and meinory care units. These numbers conservatively reflect a capture rate of 30% of the marker area excess demand. The senior population is projected to continue to see an increase For the next five years. This provides for a very healthy and growing senior population. The Project The site development for this project managed by Ebenezer is a total 84 units. This would consist of 24 memory care units 011 the first level and a blend of 60 independent and assisted living units on the first and second level. The rent structure is comparable to neighboring facilities and other new campuses that are currently being constructed across the region. The building, will incorporate typical senior building amenities such as dining rooms, family dining room, multi -purpose rooms, beauty shop, activity rooms, theater room, medical clinic space, therapy, library, fitness room, spa room, pantry, management office and commercial kitchen. It will also have underground parking. The exterior of the two-story building will incorporate brick, stone and Hardi-rype siding (cementitious siding) with a sloping asphalt shingle. root. The building will be 6et back off of the two adjacent streets wirh extensive patios, landscaping, gardens, walks and courtyards. The Management Team - Ebenezer Senior Services: Founded in 1917 by Minneapolis Lutherans to provide communiry-centered care for homeless older adults and others in need, Ebenezer Senior Services programs and services today include: • Independent Living (including condominiums, cooperatives and senior apartments) • Assisted Living • Memory Carr • -Transitional and Long-term Care • Adult and Intergenerational Day Programs • C...ommtinity-based Services • Management and Consulting, Services • The Ebenezer Foundation Part of FainieW Health Services since 1995, their combined resources and expertise offer access to a full range of choices for vibrant senior living. In partnership with the University of Minnesota, they are also part of an academic health system improving the patient's clinical experience, conducting nation -leading research and achieving academic prominence. Ebenezer will assist in analyzing the marker, establishing a strategic marketing. plan, producing sales collateral, coordinating a public relations plan, and training sales staff. Through Ebenezer's system for managing leads, maximizing, sales, and monitoring programs to reach occupancy projections, Arbor Glen hopes to exceed projected occupancy. Ebenezer will provide effective on -site management as well as consulting services in all areas of management. Ebenezer has proven that quality patient care and a positive bottom line can go hand -in - hand. Ebenezer will also continue ro assist Arbor Glen in evaluating rhe strengths and weaknesses. In doing so, they will assess current programs, any service gaps, as well as opportunities and threats in the external market environment. From this, recommendations for new service options tailored to the needs of seniors will be developed and include an individualized implementation plan. The anticipated number of employees for the Arbor Glen Senior Living project will be approximately 40 employees, This will include an executive director, a clinical services director, mix of RN's and/or LPN's, nursing assistants, and staff for activities, marketing, dietary, housekeeping, mainrenance and other administration. Please contact me if you have any questions or comments. Sincerely, Mathew J. Frisbie, ALA Vice President - Ayres Associates Inc ASSOCIATES Pz ii AREOR GLEN SENIOR LIVING UkKEZtP: 0 MN ITEM: TI IF. CITY AKE ELMO PLANNING COMMISSION DATE: 01/25/2016 AGENDA ITEM: 5B— PUBLIC HEARING CASE g 2015-19 Public Hearing for Arbor Glen Senior Living Facility —Rezoning and Conditional Use Permit. SUBMITTED BY: Stephen Wensman, City Planner REVIEWED BY: Joan Ziertman SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to consider a Rezoning and Conditional Use Permit request from Arbor Glen Senior Living LLC for an 84-unit Congregate Housing (Senior Living) to be located on 3.72 acres of land at the northeast corner of Lake Elmo Ave N (CR 17) and 39111 St North, The Comprehensive Plan guides the site as Village Center - Mixed Use VMX Zoning District. The proposal fits the City's definition of Congregate Living which is a conditional use in the VMX District. The proposed facility exceeds the density allowed by the comprehensive plan, therefore, the applicant is proposing a concurrent comprehensive plan text amendment to allow additional density for senior congregate housing facilities with services. The site has urban services available. On December 14, 2015, the Planning Commission opened the public hearing and continued it to the January 25, 2016 meeting date to provide staff adequate time to process a comprehensive plan text amendment concurrent with this land use request. Staff is recommending that Planning Commission recommend approval of the requests with the following motions: 1. Move to recommend rezoning Lotl, Block 1, Brookman 3rd Additim the GB -General Business to VMX — Village Mixed Use Zoning District. 2. Move to recommend approval of a conditional use permit fin- Congregate Housing with _ conditions. GENERAL INFORMATION Applicant: Arbor Glen Senior Living, LLC, 215 N. 2nd Street, Suite 204 Proper°, Owner: Frisbie Properties, 215 LLC, 215 N. 2" Street, Suite 204 Location: Northeast corner of Lake Elmo Ave N (CR 17) and 39'1' St North, Lotl, Block 1, Brookman 3rd Addition, Washington County, MN PID: 13-029-21-22-0012 Lot Size: 3.72 Acres Existing Land Use Commercial — Vacant. Current Zoning: GB — General Business. Proposed Zoning: VMX — Village Center Mixed Use. BUSINESS ITEM 5b 2 Surrounding Land Use: Surrounding ZOIling: Deadline for Action: Applicable Code: North — Village Preserve Subdivision; East — Vacant Commercial; West — CR 17/undeveloped Village Urban Low Density; and South — 39th St North and vacant Commercial. North - LDR — Low Density Residential; East — GB- General Business; West - RT — Rural Development Transitional; and South — GB -General Business Application Complete— November 17, 2015 60 Day Deadline — January 16, 2016 Extension Letter Mailed — No 120 Day Deadline — March 17, 2016 Article VII — Specific Development Standards Article XI — Village Mixed Use District Article VI — Environmental Performance Standards City of Lake Elmo Design Guidelines and Standards Manual REVIEW: Arbor Glen Senior Living LLC is requesting a rezoning of Lot 1, Block 1, Brookman 3rd Addition from GB -General Business to VMX — Village Center Mixed Use, and a conditional use permit to allow Congregate Housing. The applicant is proposing an 84 unit (plus one guest suite) senior living facility at the corner of County Road 17 and 39th Street N. The proposed facility will have a total of 84 units: 24 memory care, 29 assisted living, and 31 independent living units, plus 1 guest suite. The memory care facility is located on the first floor and is a secure facility. The assisted living is located on the second floor, and the independent living is on both the first and second floors. The State of MN licenses memory care and assisted living facilities. The facility will be run by the Ebineezer Society. The memory care rooms do not have kitchens, and are not considered residential for building code purposes, nor does the Metropolitan Council consider them as residential units. The assisted living and independent living units have kitchens and bathrooms and are considered residential units by MN State building code and the Metropolitan Council. The assisted living residents will utilize a range allying assistance in the facility depending on the needs of the resident. Assisted living residents will not own cars or drive. A facility owned van will provide transportation for residents to access service and shopping needs. The site is located in the GB -General Business zoning district, but is guided in the Comprehensive Plan as Village Mixed Use. The senior living facility fits the definition of Congregate Housing in the City's Code of Ordinances which is a conditional use in the VMX — Village Mixed Use zoning district. After the initial application, it was determined that the proposal exceeds the density allowed in the City's Comprehensive Plan, therefore, the applicant has submitted application for a comprehensive plan text amendment to allow an increase in density for senior congregate housing with services. Rezoning/Comprehensive Plan Designation: The proposed senior living facility is located in the GB -General Business zoning district and is guided in the Comprehensive Plan as VMX — Village Center Mixed Use. The applicant has made application to rezone the property to VMX — Village Center Mixed Use. The GB -General Business BUSINESS ITEM 5b zoning classification no longer exists in the City Code of Ordinances, and the Village Mixed Use standards are the basis for this review. Density: The proposal is for the senior living facility to be rezoned to VMX — Village Mixed Use zoning district. The underlying density in the VMX district refers directly to the comprehensive plan. The VMX district code specifically states: "no development may exceed the residential density range as specified in the Comprehensive Plan for the Village Mixed Use land category." That density is 5-10 units per acre. Of the 84 units, 24 are memory care units which do not qualify as "housing units" according to the Metropolitan Council's definition. The proposed assisted living facility will have a density of: 60 units/3.72 acres - 1.6 units per acre The proposed senior living facility exceeds the underlying density allowed by the comprehensive plan and cannot be approved under the proposed zoning and comprehensive plan guidance without a comprehensive plan text amendment. Site Character: The site is vacant and relatively flat. A hedgerow of Amur Maples and Spruce line the northern property line. Architecture: The proposed building is an architecturally pleasing mix of lap siding, shingles, brick and stone. The facade is varied with a balconies, windows, dormers and other architectural elements breaking up the massing and creating visual interest. The entrance is articulated with an architectural canopy. The canopy will have a 13'-6' clearance to allow for van/bus resident pick-up and drop-off. The architecture is compliant with the City's Design Guidelines and Standards Manual. Dimensional Standards: The allowed impervious surface in the VMX District is 75%. The proposed development will have 54% impervious area, 41% green space, and 5% pond area. Setbacks in the VMX- Village Mixed Use district are: 10' for the front 10' for the side 10' for the corner side yard 10' for the rear The proposed building will be 17' from the current property line, complying with the setback requirement, however Washington County has future plans to widen County Road 17, needing an additional 25 ft. of right-of-way. When County Road 17 is widened, the effective setback from the future right-of-way will be 7 ft. The proposed building will be 62.5 ft. from the drive lane. After the right-of-way widening, similarly, the existing school and office/child care buildings along County Road 17 will be approximately 12 ft. and 10 ft„ respectively, from the right-of-way. The closer BUSINESS ITEM 5b 4 proximity of the Senior Living building to the future right-of-way may be irnpactful visually and for noise if the traffic lanes are NA( dened in the future. The Village Mixed Use district allows for 35' and 3 stories. The proposed building is a two-story structure with a height of 39' to the roof peak. Building height is measured as the average between the peak and eave elevation which is 31.5'. The building complies with the height requirements. CR 17 Right -of -Way/ Washington County Review: Washington County has plans to widen County Road 17. The site plans show the 25 foot future highway right-of-way easement, but none has been dedicated for this purpose with this proposal. Washington County's reviewed proposal and is requesting a 25right-of-way easement be granted in order for the proposed trail to be in the public right-of-way. The County is also requesting a 30' setback from the 25' right-of-way easement to allow for noise/visual mitigation in the form of berms and landscaping. Congregate Housing Standards: The congregate housing standards require the facility be compatible with the scale and character of the neighborhood, that there be adequate greenspace provided on site (50 sq. ft./resident), and there is adequate transition between the use and adjacent properties. The facility's architectural articulation helps break up massing and scales the project into neighborhood. The project serves as a good transition between the residential uses to the north and future residential uses to the west and the existing commercial/office uses nearby. The project provides for 74, 042 square feet of green space (required: 84 residents x 50 sq. ft. — 4200 sq. ft.), much of it designed with gardens and seating/use areas. The existing hedgerow of Spruce and Amur Maples to the north provides a transition between the residential development to the north and the proposed senior living facility. The property to the east and south are guided as mixed use. County Road 17 separates the proposed property from the future residential property to the west. The proposal complies with the congregate housing standards. Deliveries /Dumpster: A loading area is located on the east side of the building which will be used primarily for truck deliveries and trash pickup. Resident loading and unloading will use the underground parking, or the front entryway. The proposed loading area is recessed within the building facade and not directly visible from 39'1' Street N. Trails and Pedestrian Access: An 8' trail is proposed within the future 25' highway right-of-way easement connecting 39'1' Street N to the Village Preserve development to the north. There is an existing trail along 39'1' Street N. Alongside the parking entrance, the site plan shows a walkway connecting the public sidewalk to the parking lot. Walkways also connect the entrance and axillary doors to handicap parking stalls on the west side of the surface parking lot and to landscaped gathering/resident use areas in the rear of the building. An easement is needed over the proposed 8' public trail for public access and tnaintenance. Access and Parking: The proposed vehicular access is off of 39`11 Street N. There are 49 surface and 46 underground parking stalls proposed. The underground parking is primarily for independent living residents, BUSINESS ITEM 5b 5 although guests, staff and residents can access the underground parking area for loading, picking up residents, and parking as needed. There are 4 handicapped accessible on the surface lot and 2 underground. According to the applicant, the memory care and assisted living residents will not have cars. There will be van or bus service to take assisted living residents out for groceries and activities. The parking will be for the approximately 50 staff members, independent living residents and guests. According to the applicant, there will be roughly 15 employees on site at any one time consisting of an RN, Nurses Aids, housekeeping and kitchen staff. The City's parking requirements for congregate housing requires: 1 parking space per employee, plus 1 visitor space for every 4 residents based on capacity. The city's parking requirements for senior housing is: 1 parking space per resident. Therefore, the parking requirement is: Staff parking: 15 spaces Visitor parking: (84 residents/4) 21 spaces Senior housing parking: (31 independent living residents with cars) 31 spaces Total required parking: 67 parking spaces The 95 proposed parking spaces exceeds the parking requirements of the city code. Lighting: The lighting plan indicate several parking lot 1 comply with the requirements of the code. Tree Preservation: s and buildinglights. The lighting plan A tree preservation plan was submitted on 12/22/15. There are 10 Spruce that qualify as "significant trees" and 22 clump Amur Maple on the site survey. Tree preservation ordinance allows for 30% removal of significant trees, or 3 trees. The demolition plan indicates that 6 - 14" Spruce and 6 clump Amur Maples will be removed. According to the tree preservation code, a tree mitigation plan is required. The required tree mitigation is calculated as follows: 3 trees x14" = 42 caliper inches 42" x 1/2 (for conifer replacement) = 21 caliper inches Because conifers are sold by height, the determination for replacement credit is as follow: Or (Height of Replacement Conifer)/2 = diameter inches of credit # Replacement Trees = 21/(6/2) = 7 - 6' B&B Conifers The tree preservation plan identifies (7) 6-8 foot conifers as replacement trees. The applicant has proposed adequate landscaping to satisfy the tree preservation requirements and the landscape requirements. The applicant has proposed tree protection fencing to protect the existing trees on site from construction disturbance. Landscaping/Screening: The landscape ordinance requirements are as 'follows: BUSINESS ITEM 5b 6 I tree per 50 lineal feet of street frontage, plus 5 trees for every 1 acre of development. The required trees must be 25% deciduous, and 25% coniferous. Landscape requirements for the site are as follows: 840 lin. Ft. offi-ontage/50 = 16.8, or 17 trees + 3.72 acres s 5 = 19 trees = 36 trees The landscape plan proposes 71 trees: 16 deciduous trees, 21 coniferous trees, and 34 ornamental trees. Of the 21 coniferous trees, 7 are needed to satisfy tree preservation requirements. The proposed trees and shrubs meet the requirements for size and variety including- requirements for interior parking lot landscaping. The landscape ordinance requires screening between differing land uses. The existing trees on site are located along the north perimeter which will provide a natural screen between the proposed facility and the residential land to the north. The landscape plan shows additional landscaping within that zone. The landscape ordinance also requires screening of parking from the public right-of-way with 50% opacity with a 3.5'-4' height. The landscape plan shows screening between the parking lot and rights -of -way with a mix of deciduous and coniferous shrubs, grasses and perennials. Ten of the proposed landscape trees are within the future 25 foot CSAH 17/Lake Elmo Road right- of-way that may be displaced if Washington County were to perform grading or widen the driving lanes in the future. In addition, there is minimal landscaping between the proposed building and CSAH 17. In general, the proposed landscape will be aesthetically pleasing with rich in diversity of plant materials which exceeds the minimum landscape requirements. Staff has identified a few plant selections that it will recommend changing and will recommend eliminating the weed control fabric under the mulch in planting beds. Signs: The site plans indicate 2 wall signs and 2 monument signs, one on each street frontage. The 2 proposed monument signs are 5' tall, 9' wide, with a 10.31 sq. ft. sign area. In the VMX district with two street frontages, 2 monument signs are allowed with a maximum sign area of 72 sq. ft on Lake Elmo Ave and 32 sq. ft. on 39'1' Street and a maximum height of 10 feet. The signs comply with the sign area and height requirements. One of the proposed monuments signs is within 15' of the driveway intersection, in conflict with the sign code. The plan elevations identify two proposed wall signs. The sign code allows a wall sign for each street frontage with each having a 100 ft. maximum sq. ft. The proposed wall signs are 41 sq, ft. and 24 sq. ft. respectively. The proposed walls signs appear to comply with the sign code. All proposed signs will need to comply with the sign ordinance and will require an approved sign pen -nit prior to installation. BUSINESS ITEM 5b 7 Valley Branch Watershed District Review: The Valley Branch Watershed District review is complete and the permit is attached to this report. PUBLIC COMMENTS: Staff has received email comments from Steve Delapp which can be summarized as being concerned with: The amount of impervious coverage, the proposed density and the distance to the village center for walkability, CONDITIONAL USE PERMIT: In order to approve a conditional use permit, the city is required to find the proposal compliant with the following (staff comments in bold): 1. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The use is not detrimental and will not endanger public in any way. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The proposal is consistent with the comprehensive plan in that the senior housing has been identified as a community need. The use is mixed use (memory care, assisted living and independent living) as was anticipated for the VMX District. The applicant has applied for a Comprehensive Plan Text Amendment to allow increased density for this use and this Conditional Use Permit is contingent on that approval. 3. The use or development is compatible with the existing neighborhood. The use fits with the mixed use village plans. The architecture uses a variety of exterior residential materials to break up the massing of the facade. The proposal is a good transitional use between single family residential and office, daycare, and school uses in the area. 4. The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposal complies with development standards. 5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150,250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). N/A 6. The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The use fits with the mixed use village plans. The architecture uses a variety of exterior residential materials to break up the massing of the facade. The proposal is a good transitional use between single family residential and office, daycare, and school uses in the area. 7. The proposed use will not he hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The use is less impactful than multi -family residential with less traffic, noise or other nuisances. The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Each of these essential facilities and services have been addressed in the review. BUSINESS ITEM 5b 9. The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The proposal will pay sewer and water service charges, benefiting the community. 10. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. N/A 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The City and County have reviewed the proposal and have no concerns regarding vehicular access or traffic. 12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. N/A CONDITIONS OF APPROVAL: Staff recommends the Planning Commission recommend approval of the Conditional Use Permit for Congregate Housing with the following conditions: 1. That the applicant comply with the conditions/comments in the City Engineer's memo dated December 7, 2015. 2. That applicant comply with the conditions of the Valley Branch Watershed District permit 2015-27, dated December 28, 2015. 3. The developer must submit the drainage report and calculations to Washington County for review of any downstream impacts to the county drainage system. Along with the drainage calculations, provide written conclusions that the volume and rate of stormwater run-off into the county right-of-way will not increase as part of the project. 4. That the applicant revised the landscape plan removing the landscape fabric from under the mulch and substitute the Canadian 'Hemlocks with hardier conifer species. 5. That the monument sign near the driveway entrance be relocated to be 15' away from the driveway intersection. 6. That all signs comply with the City's sign regulations and that no signs shall be installed or constructed without prior approval of a sign permit. 7. That a public trail easement be granted over the proposed trail along CSAH 17/Lake Elmo Avenue. 8. That proper State ofMN licensing be maintained for the memory care and assisted living facilities. Staff recommends the Planning Commission consider the following additional conditions to address the concerns raised by Washington County: 9. That the 25 foot right-of-way easement be granted for CSAH 17/Lake Elmo Avenue in order for the proposed trail to be in the public right-of-way. 10. That the proposed building maintain a minimum 30 foot setback from the future CSAH 17/Lake Elmo Avenue right-of-way. 11. That the landscape plan be revised with benuing and additional landscaping between CSAH 17/Lake Elmo Ave and the proposed senior living building to mitigate for potential highway noise and visual impacts. BUSINESS ITEM 5b 9 RECOMENDATION: Staff is recommending that the Planning Commission recommend approval of the requests with the 611°114,7g 17106011S: I. Move to recommend the City Council rezone Lotl, Block 1, Brookman 3rd Addition from the GB -General Business to VMX— Village Mixed Use Zoning District. 2. Move to recommend the City Council approve a conditional use per it. for Congregate Housing with x conditions. ORDER OF BUSINESS: Introduction ........ ...... ............ .......... . ..... .......... ......... Planning Staff Report by Staff.... .......... ...... ..... ........ Staff Questions from the Commission__ ........ ....... Chair & Commission Members Continue the Public Hearing ................... .......... ...... .......Chair Close the Public Heaming.... ..... ........ ....... ,....., ...... ....... ...... . ....... .......Chair Discussion by the Commission..............................Chair & Commission Members ATTACHMENTS: 1. Application Fonus 2. Site and Building Plans, November 17, 2015 submittal date 3. City Engineer Review Memo dated December 7, 2015 4. Washington County Review Memo dated December 30, 2015. 5. Ben Gozola review email, December 4, 2015 6. Tree Preservation Plan 7. Valley Branch Watershed District Permit 2015-27, dated December 28, 2015 BUSINESS ITEM 5b Public Works Department Donald J, Theisen, P.E. Director Wayne n.Sandberg, pE. Deputy Director/County Engineer ShaphenVVensman City Planner City CfLake Elmo 3000 Laverne Avenue North Lake Elmo, W1N55O42 RE: Washington County comments on the site plan for the Arbor Glen Senior Living Dear Mr. VVenoman. Thank you for providing Washington County with the site plan for Arbor Glen Senior Living |ncohsd on the northeast corner ofCOAH 17/Lako Elmo Avenue and39'h Street inthe City of Lake Elmo. Based onreview ofthe plans, wBoffer the following comments and recommendations toconsider 3ayou process this application through the city: The Washington County Comprehensive Plan 2030 identifies 15Ofeet for future right- of-way width requirements along this section of CSAH 17/Lake Elmo Avenue or 75 feet from the centerline of the roadway, Since this is a two story connp|ex, adjacent to 8 county highway, there should be a 25 foot road easement provided in order for the proposed trail tobeinthe public [ight-of-vVay,There should also bea 30foot building setback from the future right-of-way so adequate landscaping/berms can be provided to screen/mitigate the visual and noise impacts generated bythe roadway. The City should consider this a8e"Condition VfApproval" for the project. Washington COunty'spolicy is to assist local governments |Dpromoting compatibility between land use and highways, Residential uses located adjacent tOhighways Often result in complaints about traffic noise. Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency (MPCA), the U.G. Department ofHousing and Urban Development, and the U.O. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities are responsible for taking all reasonable measures t0prevent land use activities listed inthe MPCA'm Noise Area Classification (NAC)where the establishment of the land use would result iDviolations nfestablished noise standards. Minnesota Statute 11O.O7.Subpart 2a exempts County Roads and County State Aid Highways from noise thresholds, County policy regarding development adjacent toexisting highways prohibits the expenditure of highway funds for noise mitigation measures in such areas, The developer should assess the noise situation and take any action outside ofCounty right of way deemed necessary to minimize the impact of any highway noise. This development along with other projects iDthe0dViUageArea will generate additional traffic which will ultimately impact the intersection of CSAH 17/Lake Elmo 11660MyomnRoad North, Stillwater, Minnesota 550V2-9573 Phona� 651'130-4300 ` Fax: 851'*304350 ` TTY: 651-430-6245 wvw.00.waoNngVonmn.um Equal Employment Opportunity / Affirmative Action Arbor Glen Senior Living Uoccnobnr3O,Z0|5 Page 2 Avenue and 391h Street. As traffic increases there will be need for center left turn lanes at this intersection, The city should consider requesting reasonable funds from the development in the area to provide for center left lanes at this location in the future. The developer orthe city must submit the drainage napodand calculations toour office for review ofany downstream impacts 1othe county drainage system- Along with the drainage calculations, we will request written conclusions that the volume and rate of stormwa(errun-off into the county right Vfway will not increase mspart ofthe project. A copy of the Valley Branch Watershed Permit shall be submitted to our office. All roadway improvements and any grading within County right-of-way will require a Washington County Right ofWay Permit, All utility connections for the development require Washington County Right ofWay permits. Typically, these are the responsibility of the utility companies. Thank you for the opportunity to comment on this plan If you have any questions, please contact me at 651-430'4362 oranO.puOq-tenwedo(o-)co.vVashiDgtoO.mD.uS. For permit app|ic@h0no, please contact Carol Hanson atCarol. hgOSOn(d)oQ.vvaGhington.nln.us. 01&'O AnnPung'Tenwe!d0 Senior Planner C: Carol Hmnoon, Office Specialist R/plat Reviews/City ofLake Elmo/Arbor Senior Living m/'/nYm' LAKE E|MO City mfLake Elmo Planning Commission Meeting Minutes ofJanuary 25,201G Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at 7:OOp.nn. COMMISSIONERS PRESENT: Dodson, Kreinoer,Dunn, and Griffin. COMMISSIONERS ABSENT: Haggard, Fields, Larson and Williams STAFF PRESENT: City Planner Stephen VVensnnan&Interim Administrator Schroeder Election of Officers: M/S/P. Kreinner/Dodson move to delay the election of the chair to the next meeting, Vote: 4-0,motion carried unanimously. Approve Agenda: The agenda was accepted aspresented. Approve Minutes: None CprnprehensivePlanAmnendnnent—/krhmrGlen. VVensnnanstarted his presentation regarding Arbor Glen. This proposal |sfor asenior living, congregate housing on 3.72 acres at the corner of39"' street and Lake Elmo Ave. This lot ixLot lBlock 1orthe Brooknoan3 madditiun. The Comprehensive plan guides this site asVk8X and congregate housing is [UP in the VMX zoning. Proposed facility is 84 units with 1 guest suite (24 memory care, 29 assisted living and 31 independent living). Proposed density isl6units per acre, excluding the memory care which is institutional. Current Comprehensive Plan allows G'1Uunits per acre, The proposed density here is 16 units per acre, but staff is proposing 20 units per acre for flexibility. This is different from multi -family housing because of the lower impact on the community asthey provide on -site services, This isapplicable toareas zoned LDR,MDR andVMX. This will require Met council approval and review and this requires a4/5 vote ofthe City Council. The code allows 7SY6impervious, this proposal is54Y6. Required setbacks are IOfeet, 32feet isproposed. This will drop down to7feet after [SAHl7iswidened. Maximum height is 35 feet. This is Jstory structure with 31.5 feet proposed. This proposal exceeds the requirement for green space and for parking required. The trail proposed is Lake EIrno Planning Commission Minutes; 1-25-16 2 on private property. Staff is recommending getting the 25 foot ROW dedicated as u condition ofapproval. That will address the countysrequest aswell asthe trail, For tree preservation, they will need to replace 7 six foot conifers. There are Jmonument signs proposed and some wall signage. One ofthe monument signs does not meet the sign code. There will need tobea separate sign plan submitted. The public hearing was held on 12/14/15 and was continued to tonights meeting. Staff has 3 recommendations with suggested motions 1) to approve the Comprehensive plan amendment to allow density for senior congregate housing to 20 units per acre 2) � rezone Lot 1 Block 1, Brooknoan ] addition from G8tVVK4X3\ approve condition use for congregate living with conditions inreport. Dodson asked about the setbacks and if itmet the request Vfthe County, Tomeet the County's recommendation, the building would need to move to the east approximately Z3feet ifthe ROW isdedicated. Tnmeet the City code after ROW dedication, itwould need tomove 3feet. VVensnoanstated that wve could doaneasement for the trail and they would meet the requirement, Dunn likes the plan, but isconcerned about the ROW. She issupportive ofthe County suggestion. She iswondering i(increasing this will set aprecedent and how that would affect the Village. VVCnsnnanstated bwould not set apnecendentbecause itisonly for senior congregate living with services. Memory care isnot considered residential because they donot leave the site unless family members take them out. Matt Frisbee, Ayers, stated that they looked at other sites, but thought this was the best site for them. Dodson thought with the high traffic onlake Elmo Ave, this would have been abetter spot for commercial. Frisbee stated that the visibility isimportant to them and the retail was more desirable closer toHwy S. Frisbee stated that they have made changes toaccommodate the IOfoot setback. Griffin asked about the pondin8and if itwould impact the parking. VVensrnanstated the City Engineer looked at it aswell asVBVVD. Public Hearing re -opened at73lpm. Written comment was received from Steve De|app. He is concerned about the amount of impervious coverage, density and the distance to the village center for walkability. Nnone spoke Public Hearing closed at73Ipm. Lake Elmo Planning Corni-nission Minutes; 1-25-16 Knainnerisuncomfortable with the 20units per acre. Hewould like tVsee l5vsZO. Dunn also was uncomfortable with 2Ounits a»well. Dodson stated that ifvvewent tol5 v3. l6that would change their proposal. He would like to g0 with the 16 units to meet the needs of this proposal. VVensnnan stated that there are 3'4other places in the City where senior congregate housing could go in and wants to be flexible so that we don't have to address this again. M/S/P: Dodson/Griffin move to recommend approval of a comprehensive plan text amendment to increase the maximum allowed density for senior congregate housing with services to 16 units per acre and to change the text to read "The facility must have at least 50% of the units to include meals, housekeeping, and personal care assistance and minor medical services", Vote: 4-0, motion carried, unanimously. Griffin asked about noise from Lake Elmo Ave. Frisbee stated that there islandscaping and that there issound buffers within the building. The residents like watching the traffic and activity nnroads. Conditional Use Permit and Zoning Map Amendment — Arbor Glen. Kreirne,and Dunn are concerned abouithe setbacks. They are concerned that when the County widens the road, itwill beclose. Public Hearing opened at7:5Opm. Noone spoke and there was nnwritten orelectronic correspondence. Public Hearing Closed at7:53 pm. M/S/P: Kreimer/Griffin, move to recommend the City Council rezone Lot 1, Block 1, 8rookrnan 3^' addition from the GB -General Business to VK4X—Village Mixed Use Zoning DisLrict, Vote: 4-0, motion carried Unanimously. M/S/P: Dodson/Griffin, move to recommend the City Council approve a conditional use permit for Congregate Housing with the conditions listed in the staff report, striking conditions 7, 10 and 11 and adding an additional condition that the building maintain a 10foot setback from the future dedicated right-of-way and a condition that the building will be constructed with additional noise mitigation on the West side, Vote: 4-0, motion carried Unanimously. Cound|Uodntes—Januany l9,2D16Meeting I. Hidden Meadows Plat Extension ' I yea/s—Passed. Z. ZTA&Zonin8Map Amend —Essential Services— Passed. 3. SignVariancehnr|KETProperties—Passed. Lake Elmo Planning Commission Minutes; 1-25-16 4 Staff Updates l. Upcoming Meetings a. February 8,20l6 b. February 22,I016 Commission Concerns Dunn asked about the densities inthe Village area. She would also like tosee something in the Developer agreements or somewhere that the City is not responsible for the airport noise. Kreinnerasked about atnnnvvate/pond inInwood. They are digging itupnow. Schroeder stated that they may be adding capacity with the future addition. Meeting adjourned at830pnn Respectfully submitted, ]oanZiertnnan Lal<e Elmo Planning Commission Minutes; 1-25-16 AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: 11 fVL L,'OLiNC Approve City Administrator Contract City Clerk, Julie Johnson City Clerk, Julie Johnson City Clerk, Julie Johnson DATE: February 16, 2016 REGULAR ITEM # 14 SUGGESTED ORDER OF BUSINESS: Introduction of Item ............................................ ....... Interim Administrator Report/Presentation......... ....... .................... ....... __Interim Administrator - Questions from Council to Staff ......... ...... ....... Mayor Facilitates - Call for Motion ....... ...... ........ ...... Mayor & City Council - Discussion ....... ..... ....... ..... .................. Mayor & City Council - Action on Motion. ...... ..... ...... .............. ............ Mayor Facilitates POLICY RECOMENDER: City Council FISCAL IMPACT: To be determined SUMMARY AND ACTION REOUESTED: Second interviews were held this week with three finalists for the City Administrator position. It is anticipated that a contract will be finalized for consideration by the time of the meeting. RECOMMENDATION: "Motion to approve the City Administrator Contract as presented." -- page 1 -- crry OF LAKE ELM() AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: A YOR & COUNCIL CO MUNICATION DATE: REGULAR ITEM # February 16, 2016 2016 Street, Drainage and Utility Improvements — Approve Plans and Specifications and Order Advertisement for Bids Chad Isakson, Project Engineer Clark Schroeder, Interim City Administrator Cathy Bendel, Finance Director Jack Griffin, City Engineer Mike Bouthilet, Public Works SU(;GESTEI) ORDER ()E BUSINESS: Introduction of Item ...... . City Ungineer Report/Presentation.... (It y Engineer Questions from Council to Staff. Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion .......... ..... ..... „.... Mayor & City Council 'Discussion Mayor & City Council Action on Motion.................. .......... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. 15 The total estimated project cost for the 2016 Street, Drainage and Utility improvements is $1,354,500, These improvements were identified in the City's 5-Year Capital Improvement Program and are scheduled for construction in 2016. The improvements will be partially assessed through special assessments and through the issuance of general obligation bonds with bond payments being made from the general tax levy. Approval of this resolution does not commit the council to the project costs. Once contractor bids are received, the actual construction costs will be known and the council will be asked to consider entering into a contract to complete the work. -- page 1 -- City Council Meeting [Regular Agenda Item 15] February 16, 2016 SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving the plans and specifications and ordering the advertisement for bids for the 2016 Street, Drainage and Utility Improvements. The recommended motion for this action is as follows: "Move to approve Resolution No. 2016-07approving the plans and specifications and ordering the advertisement for bids for the 2016 Street, Drainage and Utility Improvements." LEGISLATIVE IIISTORY/BACKGROUND INFORMATION: The street improvements proposed in 2016 were identified in the City's 5-Year Capital Improvement Program. Trunk watennain is being extended along Kelvin Avenue North per the City's 2030 Comprehensive Water System Plan. The City is also responding to petitions for municipal water in the Kelvin Avenue area. On November 4, 2015 the council authorized the preparation of plans and specifications for the 2016 Street, Drainage and Utility Improvements. In accordance with the project schedule, the plans and specifications have been completed and are ready to be advertised for contractor bids. The total estimated project cost is $1,354,500. The improvements include: Reconstruction of Kirkwood Avenue North from 50th Street to the north cul-de-sac. The improvement includes a new bituminous surface along an existing gravel roadway. In 2011 the property owners petitioned the City to be scheduled within the Street CIP for a new paved roadway. Reconstruction of Kelvin Avenue North from Old TH 5 (CSAH 14) to the north cul-de-sac. The improvements include conversion of a portion of a private drive serving 8 residential properties to a public street. The converted street would become an extension of Kelvin Avenue North. Easement acquisition is required to accommodate improvements as recommended. Resurfacing the streets through a street reclaim within the Stonegate 1st Addition, including 9th Street North, Jasmine Avenue Place North, and Jasmine Avenue North from 10th Street to Julep Avenue North. Extension of 6-inch, 8-inch and 12-inch diameter lateral and trunk watennain along Kelvin Avenue North with service stubs to existing properties. The improvements would be partially assessed against the benefitting properties consistent with the City's Special Assessment Policy. Residential street improvements will be assessed 30% of the total project costs while watennain improvements will be assessed 100% to the benefitting properties. Kirkwood Avenue North property owners will be assessed 100% of the bituminous paving costs and 30% of the remaining base and shouldering improvements, since the bituminous surface is a new improvement. The City's general tax levy will be used to cover the bond payments for the remaining street improvements. The Water Enterprise Fund is used to cover the watennain oversize or trunk costs. A lateral benefit assessment will be levied against properties along the proposed trunk watennain on Kelvin Avenue. Assessments for streets are levied over 10 years, while assessments for watennain improvements are levied over 15 years. -- page 2 -- City Council Meeting [Regular Agemia Item Li] February 16, 2016 RECOMMENDATION: Staff is recommending that the City Council approve the plans and specifications and order the advertisement for bids for the 2016 Street, Drainage and Utility Improvements. The recommended motion for this action is as follows: "Move to approve Resolution No. 2016-09, approving the plans and spec warms and ordering the advertisement for bids for the 2016 Street, Drainage and Utility nproventents." ATTACHMENT(S): 1. Resolution 2016-09 Approving Plans and Specifications and Ordering Advertisement for Bids 2. Location Map. 3. Project Schedule. 4. 2016 Street, Drainage and Watennain Improvements Plans and Specification (aaiiable for review at City Hall), -- page 3 -- z LEGEND 2016 STREET IMPROVEMENTS THE CIiTh' OF ENGINEERING 2016 STREET IMPROVEMENTS PROJECT NO, 2015.129 SEPTEMBER, 2015 CITY OF 5 LAKE ELMO FIGURE NO. 1 LOCATION MAP KIRKWOOD AVENUE NORTH & KELVIN AVENUE NORTH LEGEND 2016 STREET IMPROVEMENTS THE CITY OF I AKE ELMO 10TH ST N FIGURE NO. 2 2016 STREET IMPROVEMENTS PROJECT NO. 2015.129 SEPTEMBER, 2015 CITY OF LAKE ELMO LOCATION MAP STONEGATE 1ST ADDITION CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-09 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND 0 ERING ADVERTISEMENT FOR BIDS FOR THE 2016 STREET, D INAGE AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a resolution passed by the City Council on the 4th day of November 2015, the City Engineer, together with SEH has prepared plans and specifications for the 2016 Street, Drainage and Utility Improvements and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, IT IS HEREBY RESOLVED, Such plans and specifications, a copy of which is on file at Lake Elmo City Hall, and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and posted online with Quest Construction Data Network (QuestCDN.com) an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for at least 21 days, shall specify the work to be done, and shall state that sealed bids provided to the City Clerk prior to the specified bid date and time and accompanied by a bid bond or cashier's check made payable to the City of Lake Elmo in an amount not less than 5% of the amount of such bid will be considered. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF FEBRUARY 2016. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Julie Johnson City Clerk Resolution No. 2016-09 PROJECT SCHEDULE CITY OF LAKE ELMO 2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS PROJECT NO. ZO1S.1Z9 FEB8&4RY2026 August 4,2O1S October 6,ZOlS Council authorizes Feasibility Report. ENGINEERING, inc. Cara Gphemn'PE. Jack Griffin, F\[. Ryan ]tnmpski,P.E. Chad |sakson,P.E. 651.300,4261 651.300.4264 651.300.4267 651.300.4283 Presentation of Feasibility Report, Council accepts Report and calls Hearing. November 4, 2015 Public Improvement Hearing. Council orders preparation of Plans and Specifications. February 16,2Ol6 Council approves Plans and Specifications and orders Advertisement for Bids, March 17,20l6 April 5,3Ol6 May 2,IUl6 August lZ,ZU16 Receive Contractor Bids, Council accepts Bids and awards Contract. Conduct Pre -Construction Meeting and issue Notice toProceed, Substantial Completion. September 30, 2016 Final Completion. TI IF, CITY 4.../17 1 2,N.K E ELMC) AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: 2/16/16 REGULAR ITEM #: 16 MOTION Planning Commission to Review Land Use Mike Pearson Clark Schroeder Clark Schroeder SUGGESTED ORDER OF BUSINESS: Introduction of Item Staff Report/Presentation Staff Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate Mayor Facilitates - Call for Motion Mayor & City Council - Discussion ........ ......... ..... .......... .............. ....... .......... .......... ..... Mayor & City Council Action on Motion Mayor Facilitates PUBLIC POLICY STATEMENT Council can set policy of land use after the moratorium is lifted SUMMARY AND ACTION REOUESTED: Staff requests the City Council to provide guidance to the Planning Commission as to the land use issues needing to be studied for the moratorium to be lifted. BACKGROUND AND STAFF REPORT: On July 7th 2015, an interim ordinance declaring a moratorium for a period of 12 months on residential development within the stage one development area and all development activity within the stage two or three development areas as described by the Lake Elmo Comprehensive plan was adopted. The city council needs to produce a statement of finding by July 7th stating what was addressed and/or changed during the moratorium period, or state findings and institute another 6 month period with stated goals for the additional extension. For clarification purposes, this moratorium does NOT apply to Stage one development as follows a) projects that have been granted concept, preliminary, or final plan and/or plat approval; or b) projects that have paid advance water service committee fees. c) any project that would benefit the community by the installation of essential services like sewer, water, storm sewer, or other public safety mechanisms. Nor does the moratorium apply to state 2 and 3 development as follows. a) projects that have been granted concept, preliminary, or final plan and/or plat approval; or b) projects that have paid advance water service committee fees. c) commercial development in cases where the City Council determines that the project provides sufficient incremental tax value to the community and the developer would bear the whole cost of infrastructure development. The Moratorium also does not apply to Planned Unit Development applications that meet the requirements of reduced density per the Met Council's Thrive 2040 numbers, open space preservation, public infrastructure efficiency, and other considerations deemed to be in the community's best interests. In short, the moratorium applies to sewered residential development along the 194 corridor, Given that the moratorium was instituted to study and make possible changes to the Comp Plan for residential development, the City Council should direct the Planning Commission to address the issue with Council direction. RECOMMENDATION: Staff requests the City Council to provide guidance to the Planning Commission as to the land use issues needing to be studied for the moratorium to be lifted. "Move to have the Planning Commission study possible comp plan amendments for the Stage 1,2 and 3 sewered areas following council direction before the moratorium is lifted." ATTACHMENT: Ordinance 08-123 Interim Moratorium Staging Map CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-123 AN INTERIM ORDINANCE DECLARING A MORATORIUM FOR A PERIOD OF 12 MONTHS ON RESIDENTIAL DEVELOPMENT WITHIN THE STAGE ONE DEVELOPMENT AREA AND ALL DEVELOPMENT ACTIVITY WITHIN THE STAGE TWO OR THREE DEVELOPMENT AREAS AS DECRIBED BY THE LAKE ELMO COMPREHENSIVE PLAN WHEREAS, the City of Lake Elmo has received a draft 2040 regional forecast from the Metropolitan Council that would reduce the number of households and total community population by a substantial margin from the 2030 forecast as part of the City's 2015 System Statement to be released in the fall of 2015; and WHEREAS, the draft forecast for 2040 would reduce the City's total population by 5,800 and households by 1,627 compared to the 2030 forecast numbers that were adopted as part of the Lake Elmo Comprehensive Plan; and WHEREAS, the City intends to create an interim growth management strategy that will be used to guide future growth and development within the City in advance of the 2018 decennial Comprehensive Plan Update while also recognizing and planning against the revised 2040 forecast numbers; and WHEREAS, as part of its interim growth management strategy, the City will be considering amendments to the Comprehensive Plan in order to rebalance the future land use plan in a manner that guides development in a manner consistent with the 2040 forecast; and WHEREAS, the City of Lake Elmo has adopted a Staging Plan as part of the Comprehensive Plan, but this Staging Plan does not establish specific targets or dates for development within later stages; and WHEREAS, the 2040 forecast and Systems Statement will not be finalized until late in 2015, and the City cannot adopt any Comprehensive Plan amendments that guide future growth in accordance with the updated Systems Statement until its adoption; and WHEREAS, the City has granted approval for nearly 2,000 housing units to date at a concept, preliminary, or final plat level, and that it is in the public's interest to ensure that future residential development occurs in a manner consistent with the updated 2040 forecast; and WHEREAS, the City of Lake Elmo has been participating as a member of the Gateway Corridor Commission, and the Commission has been planning for a Bus Rapid Transit (BRT) Line along the 1-94 corridor through Lake Elmo. The City intends to study the potential for transit -oriented development along the corridor, with a specific focus on the land uses that are appropriate around planned station areas; and WHEREAS, while the City is reviewing the land use plan for future sewer service areas in advance of the 2040 forecast and 2015 Systems Statement being finalized by the Metropolitan Council and developing an interim growth management strategy that will be used to guide future growth and development within the City in advance of the 2018 decennial. Comprehensive Nan Update, the City Council believes it is reasonable and appropriate and in the best interests of the City of Lake Elmo, for purposes of protecting the planning process and the health, safety and welfare of the citizens of Lake Elmo, to limit the establishment of certain development within the City's future sewer service area as identified in the Comprehensive Nan in accordance with the below provisions; and WHEREAS, Minnesota Statutes Sec. 462.355, Subd. 4 provides for the adoption of an Interim Zoning Ordinance during a planning process as heretofore and herein described. NOW, THEREFORE, based on the foregoing, the City Council of the City of Elmo City does ordain: SECTION 1. STAGE 1, 2 and 3 RESIDENTIAL DEVELOPMENT. That for a period of twelve (12) months from the date hereof, there is hereby declared a moratorium on the consideration and/or approval of any residential and related use or mixed -use subdivision or residential and related use or mixed -use development project within the Stage 1, 2 or 3 Staging Areas as identified in the Lake Elmo Comprehensive Plan except for: a) projects that have been granted concept, preliminary, or final plan and/or plat approval; or b) any project that would address environmental threats through the installation of essential services like sewer, water, storm sewer, or other public safety mechanisms and that would extend these services into areas that are planned for public infrastructure; or c) senior housing projects or other uses classified as Congregate Housing under the Lake Elmo Zoning Ordinance. SECTION 2, STAGE 2 and 3 ALL DEVELOPMENT. That for a period of twelve (12) months from the date hereof, there is hereby declared a moratorium on the consideration and/or approval of any subdivision or development project within the Stage 2 or 3 Staging Areas as identified in the Lake Elmo Comprehensive Plan except for: a) projects that have been granted concept, preliminary, or final plan and/or plat approval; or b) commercial development in cases where the City Council determines that the project provides sufficient incremental tax value to the community and the developer would bear the whole cost of extending public infrastructure to the development. SECTION 3. This Ordinance shall be effective upon its legal passage and publication. SECTION 4. Adoption Date. This Ordinance 08-123 was adopted on this 7th day of July 2015, by a vote of 3 Ayes and •V Nays. LAKE ELMO CITY COUNCIL Mike Pearson, Mayor This Ordinance 08-123 was published on the day of , 2015. 1-94 Corridor Development Staging Plan - Lake Elmo, MN City of Lake Elmo 7-19-2012 Data Scource: Washington County, MN Stage 1 Stage 2 Stage 3 0 0.25 0,5 es T1 IN CITY ()I, LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: /16/16 REGULAR ITEM #: 17 MOTION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: Building Official reporting supervisor Clark Schroeder Clark Schroeder Clark Schroeder SUGGESTED ORDER OF BUSINESS: Introduction of Item Staff Report/Presentation Staff Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate.......... ......... ............ ..... ......... ...... .......... Mayor Facilitates Call for Motion Mayor & City Council Discussion........ ....... ........ ............. ........ .............. ...... ..... ........ Mayor & City Council Action on Motion Mayor Facilitates PUBLIC POLICY STATEMENT: Council will set policy of who the building official reports to. SUMMARY AND ACTION REQUESTED: The Administrator is requesting direction as to organizational structure and chain of command for the building official. BACKGROUND AND STAFF REPORT: During the development of the 2016 budget book a discrepancy was noticed in reporting structure. Past Organizational Charts, have had the Building Official report to the Community Development Director. Our city ordinance clearly states that the Building Official reports to the City Administrator. There can be arguments made for both reporting structures. The Administrator is looking for council direction regarding this matter. RECOMMENDATION: Two motions are set before the Council. Motion one: "Move to change the Organizational Chart to align with the city code and have the building official report to the City Administrator." Motion Two: "Move to change the ordinance to have the Building Ojjicial report to the Planning Director." CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING THE CITY'S PROVISIONS RELATED TO THE BUILDING DEPARTMENT SECTION 1. The City Council of the City of Lake Elmo hereby amends Title III: Administration; Chapter 32: City Organizations; Section 32.001 by adding the double -underlined material and deleting the stricken material as follows: § 32.001 BUILDING DEPARTMENT There is continued in the city a Building Department which shall be under the jurisdiction of the Building Official designated by the Council; the Building Official shall report to the City AtfaeF Planning Director. 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 3. Adoption Date. This Ordinance No. was adopted on this 16th day of February, 2016, by a vote of Ayes and Nays. ATTEST: Julie Johnson, City Clerk This Ordinance LAKE ELMO CITY COUNCIL Mike Pearson, Mayor was published on the day of , 2016. 474635vI SJS LA515-1 MAYOR AND COUNCIL COMMUNICATION DATE: 2/16/16 REGULAR ITEM #: 18 MOTION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: Mayor's Handbook Clark Schroeder Clark Schroeder Clark Schroeder SUGGESTED ORDER OF BUSINESS: Introduction of Item Staff Report/Presentation Staff Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate Mayor Facilitates - Call for Motion Mayor & City Council - Discussion Mayor & City Council - Action on Motion Mayor Facilitates PUBLIC POLICY STATEMENT Council can make policy changes to the city ordinance regarding council meetings. SUMMARY AND ACTION REQUESTED: Staff is requesting any final suggestions to the city ordinance sections 31.01 -31.07 BACKGROUND AND STAFF REPORT: The Administrator has taken the "mayor's handbook" from the League of Minnesota Cities, along with suggestions from council at 2 city council workshops and edited the city ordinances sections 31.01 — 3 1.07 to update and reflect changes needed, Attached you will find the edited code which needs to be vetted and approved by council. Council should either direct staff to accept all edits, or suggest further edits to the code. The city attorney would need to approve any edits to ensure compliance with State Law, before final acceptance. RECOMMENDATION: Move to accept changes to city ordinance sections 31.01-31.07 as edited by the Administrator and direct the City Attorney to review and make final edits". ATTACHMENT(S): Mayor's Handbook pages 50-60; Lakeelmo03- city ordinance for council Section CHAPTER (Tity CATAHDFFICIALS 31,01 Meetings 31.02 Presiding officer 31.03 Minutes 31,04 Order of business at regular meetings 3 LO5 Voting 31.06 Ordinances, resolutions, motions, petitions. and communications 31,07 Suspension or amendment of rules 3 I .(18 Salaries of Mayor and Council Members 31.09 Payment of salaries 31.10 Council to act as Board of Adjustment and Appeals 31,11 Terms of office City Administrator 31.25 Appointment 31.26 Contract 31,27 Primary objective of position 31,28 Major areas of accountability and responsibility 31,29 Personnel 31.30 Budget 31..31 Meetings 31,32 Purchasing 31.33 Usual and unusual working conditions 3 1.34 Examples of performance criteria CITY COUNCIL ' 31.01 MEETINGS. (A) AUTHORITY. City councils are authorized to adopt rules of procedure and provide for at their their meetings pursuant to Minn, Stet, ,.,,zi12.191. 11) Parliamentary procedure. Except es specifically provided under statute or these parts, the , most current revision of Roberts Rules of Order Revised governs env puestion of parliamentary procedure that arises at a city meetings, f81 PURPOSE. The purpose of this policy on city council meetings is to set the groundwork for orderly and respectful communications between and among councilmembers, city staff, and citizens to promote the efficient working of the public's business at city council meetings, tFormatted: Font: Calibri, 12 pt Formatted: Indent: Left: 0", First line: 0:3", Right: 0", Space Before: 0 pt, Line spacing: Exactly 14,4 pt, Numbered + Level: 1 + Numbering Style: A, B, C, + Start at: 1 + Alignment: Left + Aligned at: 0:99" + Indent at: 1,24" Formatted: Font: Calibn, 12 pt, Font color: Black, Not Expanded by/Condensed by. Formatted: Font: Calibri, 12 pt •-1. Formatted: Indent: First line: 0,3" ,Regular meetings. Except as provided herein, regular meetings shall be held at City Hall Formatted: Font: Bold, Not ltatc beginning at 7:00 p.m. on the first and third Tuesdays of each month. The City Council 'nay cancel 7 2008 S-2 Formatted: Indent: First. line: 0.3" 8 Lake Elmo - Administration regular Council meetings by adopting the appropriate motion at any duly called Council meeting. The City Council may change the date, time, and/or place of a regular meeting by adopting the appropriate motion at any duly called Council meeting and by posting a written notice of the date, time, and place of the rescheduled meeting, on thc city bulletin hoard and at the main entrance to the City Hall at least 3 days before the date of the rescheduled regular meeting._ 11) Quorum.. ,A simple majority (3)_of the council shall onstitute a quorum foithe valid transaction of any scheduled business to come before the council. f2) Locationet\ II meetings, includin, special, recessed, closed and continued ineetim7s. shall be held in the city council chambers, unless otherwise designated. pursuant to Minn. Stat. 13D.04, subd. 2. (3) A schedule of regular meetings shall be kept on file with the city clerk.__. /4) Recessed or continued meetings„When arneetin.: is recessed or continued, the Presiding officer shall state the time and .place for the next meeting to occur pursuant to Minn, Stat. § 13D.04, subd 4. The time and place shall be noted in the minutes. if the time and place is stated and noted in the minutes, no additional notice of the meeting is required. However, if the.. time and place is not stated, the notice procedures for special meeting shall be required. fD), The open meeting law,,The Minnesota Open Meeting Law, Minn. Stat. ch. 13D, generally reouires that all meetings of public bodies be open to the public, Formatted: Tab stops: 3.46", Centered + Not 1 at 0" 4 0.3" + 0.6" + 0.9" + 1.2" + 1.5" + 1.8" + 2,1" + 2.4" + 2.7" + 3" + 3.3" Formatted: Font: Calibri, 12 pt Formatted; Indent: Left: 0.25", First line: 0.3", Line spacing: Exactly 11.4 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, + Start at; 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" t1„,",„ Formatted: Font; Calibri, 12 pt, Not Italic i /01:1 Formatted; Font: Calibri Formatted; Font: Calibri, 12 pt, Not Bold, Not Italic 0.,I. Formatted: Font: Calibri, 12 pt, Not Italic Formatted: Font: Calibri, 12 pt .,,,, , ,\, A Formatted: Font: Calibri, 12 pt ..0,... Formatted: Font: Calibri Formatted; Font: Calibri, 12 pt iForimatted: Font: Calibri, 12 pt, Not Bold, Not twI Formatted: Font: Calibri, 12 pt, Not Italic Formatted: Font: Calibri, 12 pt 1. This presumption of openness serves three basic ouruoses: . • \e , -... 0 ', '', Formatted: Indent: Left: OS' (a) To prohibit actions from being taken at a secret meeting, where it is impossible for the 0 '.,',00( ) interested Public to become fully informed concerning decisions of Public bodies. or to detect improper influences.. tb). To ensure the public's right to be informed. (4. To afford the public an opportunity to present its views to the public body. 2. The.citcouncitewsrovidinandeiicourancitizenacces. most important duties. As a result, all council and council committee meetings, inc uding special and adiourned meetings, with the exception of closed meetings, as provided by Minn. Stat. ch, 13D, shall be open to the public. atted: Font: Calibri Formatted: Justified, Indent: First line; 0.3", Line spacing: Exactly 11.4 pt Formatted: Font: Calibri, 12 pt Formatted: Font: Not Bold, Not Italic Formatted: Font: Calibri, 12 pt, Not Bold, Not i o city 000 0 Italic I 11\ /,/:„..Formatted:ront..0 alibd, 12 pt / _ 1 1:11,11, t/1,11 Formatted: Justified, Indent; Left: 0.3', First 1 line: 0.3", Line spacing: Exactly 11.4 pt --, 3,. In calculating the number of days for providing notice under the IvlinnesotappeniVleeting Law, the first day that the notice is given is not counted, but the last day is counted. If the last day is a Saturday, Sunday, or legal holiday, that day is omitted from the calculation and the following day is considered the last day (unless, it happens to be a Saturday, Sunday, or legal holiday). 4. In keeping with the intent of the Minnesota Open Meeting Law, city councilinembers shall not use any form of electronic communications technology such as text messaging or e-mail, to communicate with one another or third parties during a public meeting in a manner that is hidden or shielded from the public view. 5. Pursuant to Minn. Stat. § 130.01, subd. 5, at least one copy of the written materials made available to council at or before the meeting shial atso be made available for inspectic.m by the Formatted: Font: Calibri, 12 pt Formatted: Font: Calibri, 12 pt , 111,14 Formatted: Font: Calibri, 12 pt '{Formatted: Font: Calibri, 12 pt Formatted: Font: Calibri, 12 pt Formatted: Font: Calibri, 12 pt - - Formatted: Font: Calibri, 12 pt Formatted: Font: Calibri, 12 pt Emergency meetings. An emergency meeting is a special meeting calledby the Mayor or any 2 Council Members because of circumstances that in the judgment of the Mayor or any 2 Council Members require immediate consideration by the City Council. The person or persons who call the emergency meeting shall make a good faith effort to contact all Council Members and, as soon as reasonably practicable after notice has been given to Council Members, all members of the news media who have tiled a written request tbr notice of emergency meetings if the request includes the news media's telephone number, The notiee shall include the date, time, place, and purpose of the emergency meeting. Elmatters not directly related to the emergency meeting are discussed at an emergency meeting, the minutes of the emergency meeting shall include a specific description of the matters, (_GP) Business concluded at special or emergency meetings. No business shall be transacted at special or emergency meetings unless the business shall have been specified, in the notice, without the consent of all of the members of the Council present. Any member present at any special or emergency meeting who tails to object and have their objections entered in the minutes of the special or emergency meeting will be conclusively presumed to have consented to the transaction of all business transacted at the special or emergency meeting and no objection may thereafter be raised by a Council Member that the notice of the special or emergency meeting, was defective. alli) meetitzg. Atthe first regular Council meeting in January of each year, the Council shall: Public. excluding any non-oublic data, attornevajierit ortvtleged data, or materials related to agenda items of closed meetings, (E4) Specialineetings. Special meetings niay be called by the Mayor or by any 2 Council Members , Formatted: rent; Bold filing a written notice with the City Administrator. At least 3 days prior to the date of the special meeting, the City Administrator shall mail notice to all members of the City Council, shall mail notice to each person who has tiled a written request for notice of special meetings, and shall post the notice on the city bulletin board and at the main entrance to City Hall. The notice shall indicate the date, time. place, and purpose of the special meeting, 11 matters not directly related to the purpose of the special meeting are discussed or acted upon at the special meeting, die minutes of the special meeting shall include a specific description of the matters. I 'ttivs shall be oiunicd as nrovikIcLI in 111-C. Nonce to an: weeial iieetinas nut he,2.iven Puy:44A01 tit t\il uiSui 3 I 3 DAN: subLl. 2., „ --I Formatted: Font: 12 pt ineettint,s„ I rIIQ Muieew kTh NI 0,111110 \ :itt some Me "S JO Ilk.: 0,0.1 Lk, OW. 'L Formatted; Font: Not Bold, Not Italic ilubl e 1 ir defined numos::s. When a 1ile4.11110 is 1111(' rnesidinn ttilicer itt (he council ineetind \vitt stale the '7Prmatted: Justified, Indent: Left: 0.3, FirstFrie l t.stst in closun2 meeting on the reet and cite die state statute that norildb-i 'surd, 0,3", Line spacing: Exactly 14,4 pt — " Formatted: Font: 12 pt Formatted: Indent: Left: 0,3" Formatted: Font: Boll Formatted: Font: Bold - Formatted: Font: Bold Appoint in actine mai, or pursuant to N1 itin. Stat. (i 412.121, .„ --I Formatted: Font: 12 pt 2. Seleci itt official newspaper pursuant to Minn. Stat. 412.831.. Formatted: Justified, Indent: Left: 0,3, First 3. Scleet tun ()friend depositor\ i'Ofeiti tUnLl, Thk niu,it be (link' within 30 davi, of thi.:.;:tart ittl line: 0.3, Line spacing: Exactly 14,4 pt 1-1,tied1 vear pursuant to yt01, Stat. 427.01-,02: 1 I SA.02, subd I -127,1)0. 4. Review council's 1)\ laws and make tinv needed cliaw.aes. .5„Assitnt committee duties to members. All assignments 0 eotincilmembers 1 er-e (in city hoards. commissions, Ind eommittees shall be hi i maiorit‘ ate of eptincilinembers present at the meeting, unless otlwrwisc provided by law. -{ormatted: Not Expanded by / Condensed by ifFormatted: Font: 12 pt (t. A liproveofftemi hods thai have heLth IIeJ %Nall the Jai:: ,-f thittilvt. t 1,7,1 tit i'"ftlft-g thr tilt2 ti-ce 411; Iro,:q1474E-'17r-.0 , tria)' 'OF 4. Llf) Public meetings. All Council inectings, including special and adjourned meetings and meetings of Formatted: Font: Bold Council committees, shall he conducted in accordance with the Minnesota Open Meeting Law. (1997 Code. ' 200.01) (.16) .Growid rules, Each Council Member shall abide by the following ground rules for --- interaction with each other and with members of the public at Council meetings._ ,,\_11_eounci 'members shallassist Mc presidin2 ofticer in presery il)r.!, order and decorum and inprovidin4 .... . tor the efficient one:ration i lithe meetinii, City council nieeinws shall be conducied in a omrteous manner that recouni/es the validit \, of differing minas of ViC1\ and promotes Mc ideal of(leinocratio discussion at debate free of insu IL slaikler, and personal attacks and threats. (I) Respect others, Council Members should: (a) Respect each other and thc process; (b) Assume each Council Member is being honest and L..,enuine in the expression of his or. her views; (c) Not shame or blame others: (d) Not talk about people who are not present; and (e) Respect residents oldie city and city staff. (2) Listoi. Council Members should: (a) Not interrupt while others are speaking; (b) Ask clarifying not interrogating questions; (c) Use "I" statements not "You" statements; (d) Discuss and debate ideas in a civil manner, (c) Be respectful of the ideas of others even if they don't agree with your ideas; and (t) Keep side conversations io a minimum. (3) ,-Icenwitabiiiiy. Council Members should: Formatted: Justified, Indent: First line: 0.3, Line spacing: Exactly 14.4 pt Formatted: Font: (DuIt)1irnesNewRomnJ — TF;;;atted: Font: 12 pt Formatted: Indent: Left: 0,99, Hanging: 0,3" (a) Participate to the best of their ability; 21)iiS S I 0 Lake Elmo - Administration (b) Be responsible for making sure all voices are heard; (e) Be accountable for what they do and say; (d) Hold each other accountable in a civil way; (e) Be responsible for their part of a problem or issue; (0 Be accountable for the use of information by not misiLsing information or by providing - incorrect information; a+trl (ht.•) Be responsible for reviewing agenda items and support information, 44) Jo effectuate these aspiratiiinalgkitils, city council nietribers_,slitill conduct themselvesthell5elvei,uleoUncjh,„ meet mgs in a manner consistent with the l'idlowiniLL lQNo eouncilmember shall engage in private conversation or nass private messages t‘ bile in the chamber in 1 manner so as to interrupt the nrocceLlings of the council. al!:No cotineilmenther shallteave his or he seat or ntake an iiitise,.tf(listurbanccwl-aile a ote is- being taken and until the result of the vote is announced,. (e. t\fitc unci tniemhershalluse profane or obscene words Of imparhinentar lut1i.14112,e or use - _ Iaiieuaoe II110 threatens harm or violence toward another person clitriint a conned meeting. t1.Ni, ectunellinenther shall speak on anv subject knilier than the subleet (e),Nocottnetlineinfter_sltall sneak withoul beingrecognizeLl hv the chair; "tor councilinember interrupt the speech of iiiit)ther councihnenther. Ntiyouricilmenaherliallklisobey_thc Citv Council Rules ofOrder and Procettriat as Licit1%4J or a decision of the nresiding °Cheer on questions °Corder or practice or uncut the interoreiation of the rules of council. NoColitleililleit lyt":::111 DOilduet lir any meeting., ,015No couracilinember shall engage in conduct +,v11 ich delays or iillijiTtipts the pitioDecAlings or honest. respectful discussion and debate, (54)Take rsks, Council Members should: (a) Take risks, be authentic and speak truthfully; and (b) Not be hostile or harassing toward others for taking risks. (k-.5)Be open. Council Members should: (a) Be open to other's stories and realities: Formatted: Indent: Left: 0.9, Hanging: 0.3' —t Formatted: Font; Bold "ormatted: Font: 12 pt 1 Formatted: Font: 12 pt Formatted: Justified, Indent: Left: 0.1", First \ line: 0.3, Line spacing: Exactly 14.4 pt Formatted: Font: 12 pt ) Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font; 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt disorderlY conduct thardisturbs ordisrupis die orderly „....l-Formatted: Font: 12 pt Formatted: Font: (Default) Times New Roman Formatted: Font: 12 pt Formatted: Indent; Left: 0.5" Formatted: Font: 12 pt -1 • Formatted: Indent: Left: 1.9", First line: 0" 1 (b) Be open to partially -formed ideas; (e) Learn from mistakes; (d) Be open to a change of heart and mind; and (e) Not operate from fear. (74)Perconol reaction. Council Members should not take things personally, and focus on the ideas being expressed, not the person expressing the ideas. (Ord. 97-201, passed I I -20-2007) ' 31.02 PRESIDING OFFICER. PresidingPr d inc Ofleer,.The inay r shall preside at All meetings of the env council - - A. Rfily tf the prest,.ing officer, The pres_tki effier hill pewee e,:trlerettf.orce theCitY- Council_„. Roles of Order and Pr,incodurc as adorned, uid determ i Ile, 119010111 debate. all Questions of procedure and order. subject Itt the final decision of the council on anneal tis provided in 31.0210.. The preiding oflicer_ shall determine 11.111:.ill itiembk.T has the rittht to speak and may move matters to a vote once the officer Iras• determined that all members have strioken, The presidim2. officer may determine 11 [tether a motion or nrono:tekl amendment i in order and mac eal I members to order. Except as otherwise nrov ikle.k1 by statute or by the provisions of this .stibchantcr, the proceedings of the Council shall be conducted in accordance with the 1;itest edition of I?ohert, Ruics of (,)riter., „.. considere0 necessary, becaatt:;e of grave disoaler.flte prestd i officer may ad iourri or eontinue the ineetiiitt to another time or steering for a specified time. :t...._ergeant-tii-tirin The presiding officeinttty requesttliaf lo 0 lawentOrcentent klesiunate a member to serve as a sert.teant-at-arms at env council ineetinLts. The serizettin-a-arnis shall earrY - out all orders or instructions !liven hv the orcsidin4 oftieer for the purpose Of maintaining order and decorum at meetings. D. ,Nlotions toad vo.' csttiritt officer ma make inotion„,, speak citiLtstions, and 010 L111 :1111matter properly before the council. 12. Absenees itfthepre.stkiiiitz, f0cci In the absence of the imwor. ilk:acting mayor shall treside. In the absence of both the mayor and the ticting mayor, the city clerk:administrator shall call the meetinQ to oRl0r. The first order 111" busincss shall he to select a presiding officer for the meeting from the members present. The city clerk:administrator shall preside until the councilinembers present choose a member to act nresichint officer. F.,A.ppealsof rulings of the presiding officer.„Aityitwittber of the council may tipvetil in the full ,Louncil a rulinc on order or procedure made by die presiding officer._ I .yroeed.tre for appcaIe\iLt12LiiilI is nitat.fejw Jnotion. No second is need lili. !notion. member making the motion inav speak once solely, on the utiestion iiwolved, and the presiklim, officer may sneak once solel \ to explain his or her ruling, bu rio other councilmenther may pzirlicioate in the discussion. 2. ()nee both the maker of the motton and the rcidin ffiQr.ir have spoken,. the matter must hk: \ cited upon 1)1 the council as a whole. 3. The appeal shall be sustained if it is annrovekl bc i llaHrit V Of eetuaivc Or the presiding, offiecr, he members present. Formatted: Justified, Indent: First line: 0.3, Line spacing: Exactly 19.9 pt ormatted: Font: 12 pt Formatted: Font: 12 pt , ". Formatted: Font: 12 pt, Not Bold, Nor Italic Formatted: Font: 12pt Formatted: Font: 12 pt itiformatted: Font: 12 pt Formattedifo9t:, 121:21, NotBold, Not llaic " Formatted: Font: 12 pt — ormatted: Font: 12 pt, Not Bold±,Not Italic - Formatted: Font: 12 pt - (Formatted: Font: 12 pt, Not Bold, Not Italic (Formatted: Font: 12 pt - ( Formatted: Font: 12 pt, Not Bold '4,i-formatted: Font: 12 pt , Not Italic 1 Formatted: Font: 12 pt, Not Bold, Not Italic Formatted: Font: 12 pt Formatted: Jtistified, Indent: Left: 0.8', Line i 1 spacing: Exactly 19.4 pt ted: Font: 12 pt, Not Bold, Not Italic ormatted: Font: 12 pt Line spacing: Exactly 11.9 pt nnur,rvnresidinil officer before Darticipittuhi. in debate oil a i \ en matter. In the alternative. the conned. L, 111:1% by mitiority vote ciesiiinate ienint wary nrcsi(linii officer to nrcsiLle over the debate on a i,iven matter. Formatted: Font: 12 ptNot Bold, Not Italic The oresiiiiii2 officer shall resume iiresiditna as .soon asiletion on the matter ts concluded. I Formatted: Font 12 pt iiy, tr. th t+Fe-s-i4c, 1+1 t C I • C!)'::',CA2 ttniitt-fiifyfesH4eF, 2OO S-2 • - I Formatted: Indent: First line: 0.3' N)fall\ CleSILNIal a 11-p,:ad p, officer, I he presiclin.4 tfricer min choose to desate Formatted: Justified, Indent: First line: 0.3", 1 City Officials Aillchtii-ter, the procex.xlines of the Council ttha fR ,e-e-t41-e-H-1-ete€4f pr. cet Itire ilU )-1-. 011, f iVnY C inber may alTe-d44,4-3h-e-ct+u,1,:f1 it-÷e-14-1 officer nia,s—expl:).:n. rttlin-H-1334-4h oiker Ctnincil Nte-mber s;11-a-1-144' A. ()'d. '27 2il.pas• ,:ers-1 1 279 241 31.03 INJINUTES. Minutes c 1ItLuI Vila] recordi,flhe city and are tli,e1.-)est means ofpreservilw env council intent. finxIiinis of fact, and action. Putsuart Li, Minn, Stat. ; 412.151. the ei clerb 1111.1Si keep a minute hook, (Al 'I he minutes shall col 1. .1. 113cenv ciluriy1limmbefs who are present. 2.. 'Tx-pe of ineetine trezular. sneeid1„ Cnlltllluecl, enieri,tenco. Date and nlace the meetin2 teas held, -1. 'lime the meet litu WZIS eal Ied u order. 5. Anorox al of minutes of the previous nine, 1,\ 1 ill \i 6. The members who make or second motions. 7. Roll call V01..,: 011111111.10r),,,, IMMO- Or pr000.5,A1 resolutions or Lii'LilndL1S. 9, Whether the resolutions or ordinances are klefeated L)r aLlopied, 10. I he otes of each inember, eludine the mayor, Formatted: Indent: First line: 0.3" 4 Jormatted: Font: 12 pt Formatted: Justified, Indent: Left: 0, First line: 0.3, Line spacing: Exactly 14.4 pt • --- Formatted: Numbered + Level: 1 + Numbering Style: A, 0, C, + Start at: 1 + Alignment: Left + Aligned et: 0.44" + Indent at: 0.69" tFormatted: Font: 12 pt, Bold ormatted: Font: Times New Roman ormatted: Justified, Indent: Left: 0.4", First ine: 0.3", Line spacing: Exactly 14.4 IA 1. A statement of fintlimis of facts and an explanation of ciuiieil action, iniAtiditn2. speci -- Formatted: Justified, Indent: Left: 0.7", Line spacing: Exactly 14.4 pt for and LI isappn wal, on all land use and lieensin2 matters. 12. I.istinu of all bills all(A\ et1 2apnr,vetl 11.tr navinent. not1114 the ieeiiient, flUFlLC. and, amount. rmatted: Justified, Indent: Left: 0.4', First ine: 0,3", Line spacing: Exactly 14.4 pt 1.1. Annul\ al hourly oljde 111101.111Li, and ncr (twin ttinktunts. 1-). List of all transfers funds. •ileaLte rates, weal- reimbursement. 15. Alithorixittions and Llirections u n1/4.est excess funds, and in6- ation oil in \ estutent• r,:1/41crun.tiont and maturities. 10. Apnroval o I m the rireVIOLIS l.,;„ with anv corrections. 17. Idel , of nanics to whom et/nu-acts Ivere 4.1 I.'. Abstentions from votinu due to a conflict. and the member's name an¼1 reason tOr alt)stention, Annointirients of 1-ilk:sent:A Lives to committees or outside 21/, Ntune and hirich summary Of sullied manor of citi7.1/4„sits ht.srOce COMIC public C1M111011t period, (1.3) Th'in nes of each nicetilw. shall Ili: tvne1/41 SI,2.11OCI in1l cleTh.,achi 'strawy. Cortes of the nitriutt:.s shall he included in Ow ai.ten(la for the next council ittoctil1.2.. Al the next rcg,tiltir me: ut—trincoval of the or1/4n. ions tnecoillt'S 1110111k.'S shall he considered 1.),, council. .1. iticetingnutiutes do not nevi.' to be read tiloud. 2. the nresidinil officer shall call for anv con-cc:lions. 3 Atha,: is no objection to a correct ion;_it will he snide \VI111OLE111 vote of the coun1/42i1. 3, lfthe're is 1.11 objection, the i,:otineil shall vote upon the addition or correction b \ rul call voti.;. 4. Council shall take formal actin distributed or as aincncletl, inut.cs shali rwhlished tis rQouir1/4:1/41 hv \IIflJ1. Stat, 5 412.191,3:i I AA/N. uhd.3,331A.111,-; sulA.1 10, AI kro,:wiliff,L iltrtnean r by 1/4 iote to attnr1/4tv,, the minutes as ofi_xich Council me1/4.4ing shall bi_ lu..yt by the (.:101-I1 cir, at the d 11th Itt 0112 :fin -of uppl41-u+ a temp, ,-tiry hc ri_c,irded in full the in in10t1/4„.:, if th,ty the Cle,rk, and shA-14-14.t, Al the fiol hc r,a1/41 Aid, hat th: Tint. shall be signed if,. fat' Fer 111,:int.\„ti . ill call for any. talii Formatted: Justified, Indent: Left: 0,7", Line spacing: Exactly 14,4 pt Formatted: Justified, Indent: Left; 0,4", First line: 0.3", Line spacing: Exactly 14.4 pt Formatted: Justified, Indent: Left: 0.7", Line spacing: Exactly 14,1 pt Formatted: Justified, Indent: Left: 0.4", First line: 0.3", Line spacing: Exactly 14,4 pt f Formatted: Font: 12 pt 0 rrna tted Font: 12 pt ormatted: Justified, Indent: Left: 0,7", Line spacing: Exactly 14,4 pt, No bullets or numbering Formatted: Justified, Line spacing; Exactly 14.1 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, + Start at: 2 + Alignment: Left + Aligned at: 2,3" + Indent at: 2.55" Formatted: Justified, Indent: Left: 2.3", Line spacing: Exactly 19.4 pt, No bullets or numbering ormatted: Font: 12 pt Formatted: Justified, Line spacing: Exactly 14.9 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 2.3" + Indent at: 2,55" Formatted: Justified, Indent: Left: 0", First line: 0,3", Right: 0", Space Before: 0 pt, Line spacing: Exactly 14,4 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, + Start at: 2 + Alignment: Left + Aligned at: 2.3" + Indent at: 2.55" 1i; C :nail. Ktlitre is an 31.04 ORDER OF BUSINESS AT REGULAR iiNIEETINGS. (A) Order established. Each meeting of the City Council shall convene at the time and place -- appointed for the meeting. Council business shall he conducted in the order determined by the City Council at its first annual meeting or as thereafter amended by the majority vote of the City Council. li,)rder of hitstness. Stttrtri,trcl c rder trf husi A. Call to OrderPlerl_e of A1leF initce B. Anpro\al of Ailenda C. Anproi. al of y1 lnutea D. E. F. (,. Presentations Consent Arend, Reeular Aizenda Public Comments Council Reports Staff Report (B1 AGENDA \n agenda \\ill he prep -di- cier': 'admini lit s by Ole the public o ishimt to place items on the aLiuuda shaII he directed to the pubic comment tofu at the conned nleettiii , When a special meeting is called, the uaenda inlet be included in the lnectitl r and in the nuhlieatiou of the notice or the nleetinii pursuant to :11 iuu, Stat. ,5 13D.04. suhd, 2. I eVI reducstS to place an item on the aiienda must be received by the city • clerk administrator by 11) a.m. 3fitly t fie r t l talc Ilext enunell ntcetitlu. 2.-\I1 'enuesis to place an item on thu at<enda #11L2 t he on the form prescrihecl h tale eity,,,,l;hc t5 ritl should he completed n iih the goal of clearly describime the subiect matter to he considered bs enutici€ trtlt1 211iv aeti \t3 reuuested ar rcelttir cI. Supnortinw int" innation nlav he attached to the form as neecssa r\'. 3 All respells to place an Item Lel the a1Cllda by C11\ 4 The agenda. a4n0 With inform;nion material,. councils iiihers and the eits Itttol t \v at least 3 days prior to 2008 S-2 Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 r Alignment: Left + Aligned et: 0.3" + Indent at: 0.9" - Formatted: Font: Not Italic Formatted: Indent: Left: 0.4", First line: 0.3", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at. 1 + Alignment: Left + Aligned et: 1.06" + Indent et: 1.31" tted: Indent: Left: IA", First line: 0" i Formatted: Font: (Default) Times New Roman, I 12 pt, Bold Formatted: Justified, Indent: First line: 0.3", Line spacing: Exactly 14.4 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: 12 pt, Not Boid, Not Italic Formatted: Font: 12 pt armatted: Justified, Indent: Left: 0.4", Frs te: 0,3", Space Before: 0 pt, Line spacing: xactly 14.4 pt, No bullets or numbering 12 Lake Elmo - Administration s. wst-t et-i-t+g-t-i-li_Aot—iii-o-F144-1.-iiiritt; oictuh:E.rti dr, _) ilasoll A L.i)4 Al consciii t kiiflilY he uss'd it Formatted: Font: Bold --- incelinPLL 1 he consont aLtenda alloNss 6>tincil to consider several twins di one time. ilik)11011 i Formatted: Font: 12 pt, Not Bold, Not Italic -1 OLtCe:LS:11On the consent t0010Il, Formatted; Justified, Indent: Left: 0", First line: 0.3", Line spacing: Exactly 11,4 pt 1 (/) Reins that reuttire rind inu, tit (act or an eNnlanation oleouneil at:11011N. ta:,c 'muter:, and the considerdtion of license requests. should aenerully not be nkteed on the 12) An item on the etinsent allot& na ho rounc od rt111") Oln,idermion hs du; isAdtrest of an on,: ctitinCilincinber. Itom renti-e. dd Cann the consent ct nda will he rilaced tin ihc IL's/Lilac ZWL'Ildli discussion and eonsi,l,-attou, (D) Presentalion, discussion and agenda item decisions. The following is the order of business for presenting and discussing items on City Council agendas: 1) Introduction of item; (2) Report by staff or other presenter; (3) Questions from City Council Members to the presenter in a round robin manner. The Mayor will facilitate the round robin process by asking each individual Council Member for 1 question and allowing tier a response to the individual question. Then the Mayor will ask the next Council Member, in sequenee, until all Council Members have asked and received responses to a question. No Council Member shall take more than 3 minutes to ask a question or comment on an item which is being presented before another Council Member has a turn to question and comment on the same item; (4) Receive questions/comments from the applicant/requestinn party to the City Council, and each Council Member to respond in the round robin process; (5) Allow questions from City Council Members to the applicant/requesting party, if applicable, using the round robin process; (6) Public et ittinentsAllow questionslcomments from the public to City Council Members. Each member of the public shad] state his or her comments in 3 i»inutes-,_ (7) At the conclusion of the round robin process. the Mayor calls for a motion. This is to get a motion on the table for diseussion. This action is not an indication that the motion on the table is the InOtinll that will be approved in its current form. It is purely for discussion purposes; (8) Discussion among Council Members using the round robin process; (9) Action by the City Council on the motion. Formatted: Indent: Left: 0.4", First line: 0.3" - Formatted: Indent: Left: 0.81", First line: 0" 1 (1997 Code, ' 200.01) (Am. Ord. 97-201, passed II-20-2007) E.; i ..tit.'Ell.VG„S"CtiED tr LE. ormatted: Font: 12 pt 1 - ,,-- 1. Each 111.:01110.11111the Lti iti11011 L.Ifitl 1 0i itiveilt: ;it the 11111c ,1L1 01:Ice itniVitilL'LL All pli1.111C heti!' LtLc• -- t Formatted: Justified, Indent: Left; 0,1', First 1 I slline; 0.3", Line spacing; Exactly 14,1 pt 1 i;i11 ,:ointileus`c at OIL' ad ‘ oii...et.i titly.t._ annrt,w d h ;. f11,2. last item on the auenda toil 4. hall business (F) arc not a forum for nult ct uncii discussion al hers of the Public Shall :d. the nteelin lid 1UIIImen1 fll cr. (G) :tle,rhers' ollu'.' the di rrsultin UK; nlCnihdr of direction o throuuh an last ful means. Cn the public or the council. a \warni j ranl1, the direcliun txiiBtc°prestdi °,tdutu officer will he warned that further disr t! et continues, the nrCsiclfnu of e member of the public refuses to folhott the direct the servcant-al-anns to remove the person uct is an eureuious threat to the Sider\ t4 at -ants is.lirc cted to remove the 12 tied to un,,therdate and tune (II) Public en;n,nenl period. A linlilcci ttarutts five tll a!lhurs trt'the t u provided on the aucnd,t. Public eonurlent,S +.tuna the publie comment p kel" el" before i'aklll u alld ak „n thy' ,itmL ut Baker, to appoint a .spslkesprrstm. business. lflhere is not stitticie tried nrn he deferred t' the Weer Tic izu 1. Speakers must si,n matter then tvis akinu and prof i. Speakers must. direct their resttarks toward the pre;ldin t; St threatenut public. should not he hear all public I brief summary of kel,,hull nvt ttri,C scene. prottule;,r thrr,ttenitt lanutia3u5, nor eonduct thcnuChrs in ,l nlilrltls't tni lisrttt>ts the eondu5l of the mectina ormatted: Font: 1? pt Formatted: Justified, Indent: Left: 0", First line: 0.3", Right: 0", Line spacing: Exactly 14.4 pt, Numbered + Level: 1 + Numbering Style: A, B, C„.. + Start et: 6 + Alignment: Left + Aligned at: 1" + Indent at: 1.25" Formatted: Font: Plot Bold, Not Italic, Condensed by 0.05 pt Formatted: Font: 12 pt Formatted: Font: 12 pt atted: Font: Times New Roman Formatted: Font: Times New Roman, Not Expanded by / Condensed by Formatted: Font: (Default) Times New Raman Formatted: Indent: Left: 1.21", First line: 0.3" Formatted: Indent: Left: 0", First line: 0.3", Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 7 + Alignment: Left + Aligned at: 0.65" + Indent at: 0.9" Formatted: Indent: First line: 0.3" Formatted: Indent: Left: 0.1", First line: 0.3 the llil`c°C1Ull prL',IL r11ut f, If the aneaker re nresidinL ul')'ieLF mar dire aker. RINGS, i'uhlie Ilearimws are sonnet I he lyarncd that I'llrtller inus thre,u to the v council deerskins. When public Ilea€'ltl ut'e required uircd h\ state statute. Puhlie hearimis shall he etnnnlenccd ai the (ll conducted by council al tall he: (2).0nc1i flcx of �dll371c:lits h� f" purpose ot`the publie hearing. (h 1,Pre i,I (eh „~turf tit erk ad id i..Ueveluper, r'filler presentaiiuri (if city i. le) Public trknlitl lll.ti i ' lntnutcs t I`) Readiralor suuunaril:, of written comments,. f) J'resic€itl_r tkt`ti1' r ttsrt1ially' cll,c, the public he;trm; Sneaker, Inaalso hlo\ Ide \\ Fatten er?i read aloud In snit 1.11411)111(e) . A00111;iii( /uS, 101010,11ed L:01)711)1111ie:kE is hr the nresidn1e 'ead. t? Ilu\vul the Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Justified, Indent: Left: 0,4", First line: 0.3", Space Before: 0 pt, Line spacing: Exactly 14,4 pt, Outline numbered + Level: 3 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.98" + Indent at: 2.23" Fl ormatted:Font: 12 pt ted: Font: (Default) Times New Roman j ormatted: Font (Default) Times New Roman, 2 pt acted: Font: 12 pt, Not Italic Formatted: Font: 12 pt Font: 12 pt ed: Font: 12 pt Formatted: Font: 12 pt H Formatted: Justified, Line spacing: Exactly 14.4 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ._ + Start at: 5 + Alignment: Left + Aligned at: 2.29" + Indent at: 2.49" Formatted: Justified, Indent: Left: 0.4", First line: 0.3", Space Before: 0 pt, Line spacing: Exactly 14.4 pt Formatted: Justified, Line spacing: Exactly 14.4 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 5 + Alignment: Left + Aligned al: 2,24" + Indent at: 2.49" rmatted: Justified, Indent: Left: 0.9", First line: 0,3", Space Before: 0 pt, Line spacing: Exactly 14.4 pt Formatted: Justified, Line spacing: Exactly 14.4 p1, Numbered + Level: 1 + Numbering e: a, b, c, ... + Start at: 5 + Alignment: Left Alied at 2.24" + Indent at: 2.19" Formatted: Justified, Indent: First line: 0.3", Space Before: 0 pt, Line spacing: Exactly 14,1 pt t Formatted: Font: Times New Roman ..»w,.._..�.. Formatted: Font: (Default) Times New Romar "-1 Formatted: Indent: First line: 0.3" ,',31.05 VOTING. J111101111CC tl re, C. res�dutitm. D. TV: ;lurk ITlsniktr ltur nlav ciciiu' ul the v, ieu \ E, A i11Ji iris ti{ t d fdl�citt,t'ttl otherwise Provided by stale ki v, I . 1ti henei LT a matter is put 1'6r in the utfieial nunutes. be€'s nnay ask lr a roll "ill of the vote (Iv the clerk adn .k for a yeri u fur a vote, every Chun ciintlict of interest, as defined h stale law, exist . 200S S-2 ormatted: Font: (Default) Times New Roman ormatted: Font: (Default) Times New Roman Formatted: Justified, Indent: First line: 0,3", Line spacing: Exactly 14.4 pt Font: 12 pt Formatted: Justified, Indent: Left: 0.1", Ff , line: 0.3", Line spacing: Exactly 14.4 pt Formatted: Indent: Left: 0.1", First €ine: 0.3" City Officials 13 (GB) If any member is present but does nut vote, the minutes, as to his or her name, shall he marked sent -Not Votim" (1997 Code, ' 200)1) ' 31.06 ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS, PROCLAMATIONS, AND COMMUNICATIONS. (A ), Signing. and iniblicalion proof Every ordinance and resolution passed by. the Council shall be in writing and signed by the Mayor, attested by the Clerk, and filed by the Clerk in the ordinance or resolution hook, Unless lidllSWISO t)rovided lw law, all ordinances shall be adonted h resolutionk a majority vote of couticilmembers present at the council mectincl. Litles,s otherwise provided k law,ordinances do not require multiple road iiws, and may he adopted as presented al the first available inectinu, Proof of publication of ever), ordinance shall be attached and filed ‘vith the ordinance, (B) Repeals and amendments. Every ordinance or resolution repealit,,, a previous ordinance or resolution or a section or subdivision shall give the number, if any, and the title of the ordinance or code number of the ordinance or resolution to be repealed in whole or in part. Each ordinance or resolution amending an existing ordinance or resolution or part shall sot forth in full each amended section or subdivision as it will read with the amendment, (1997 Code, ' 200.01 ) Ll }'ORAL ANI) CITY Pl?0(1.-1:11-111ONS. lAcert( an otherwise nro‘ hied lw law. all ma..., nrodantations evont, neit5.0n, and rfticial ihNovaticos hall he ak1otet.1 by a rothority of c'.ouneihnenthers nre,ent to the weewhere such proclamation 1 otented ror ak.kwhon. if)) SE1f1NG ASS/G.:VA/kr:WS. C,‘uncilinembers shall oc::tinv the chairs as.siencd to them bv the_ ore.siding ollicer, but two eouncilinembers inav exchange seats b\ ioining in a foonal co:west the oresidute oficer. (F.) 31.07 SUSPENSION OR AMENDMENT OF RULES. Formatted: Font: (Default) Times New Roman j Formatted: Indent Left: 0, First line: 0.3", Right: 0", Line spacing: Exactly 14.9 pt • ' Formatted: Numbered + Level: 1 + Numbering Style: A, S, C, „. + Start at: 3 + Alignment: Left + Aligned at: 0,5" + Indent et: 1.1" IA T1e rules of procedure applicable to City Council meetings may he suspended or amended by 2/3 - :— vote of thc Council Members preSeill and voting, provided that such action is not in violation of state statutes., 1 hese rules shall not he repealed nr ;Intended 050001 by a 111;11ol'ILV Wk.'tilewhoic counci( after nIix hah bcot ven al fi meettip,. (1997 Code, ' 200.01) (Ant. Ord. 97-201, passed 11-20-2007) ' 31.08 SALARIES OF M.AVOR AND COUNCIL IEMBERS. The Mayor tind Council Members shall be paid salaries as detcn»ined from time to time by the City Council by City Council ordinance. Al ordinance establishing Council salaries shall he adopted before a regular city election and shall not he effective until January 1 following such election, (1997 Code, ' 200,01) Formatted: Indent: Left: 0", First line: 0.3", Right: 0", Line spacing: Exactly 14.9 pt, Numbered + Level: 1 + Numbering Style: A, E3 C, + start at: 1 + Alignment: Left + Aligned at: 0.99" + Indent at: 1.24" ' 31.09 PAYMENT OF SALARIES. The salaries provided by " 31.01 el seq. shall he paid semi-annually, or more frequently, as directed by the Council., (1997 Code. ' 200.01) 2008 S-2 14 Lake Elmo - Administration ' 31.10 COUNCIL TO ACT AS BOARD OF ADJUSTMENT AND APPEALS. (A) Esiablislanent of qf Adjustment and Appeals. The Council is established as the Board of Adjustment and Appeals. The Board of Adjustment and Appeals shall have the following, powers with respect to this section: ( I ) The exclusive power to hear and decide appeals where it is alleged that there is an error in any decision, order, requirement, or determination inade by an administrative officer in the enforcement °idle zoning code; and (2) The appeal shall he tiled within 5 business days from the date that the decision, order, requirement, or determination is made and shall state: taken: (a) The particular decision, order, requirement, or determination from which the appeal is (b) The name and address of thc appellant; (c) The grounds for the appeal; and (d) The relief requested by the appellant. (B) Effi.'cl of appeal. An appeal stays all proceedings in furtherance of the action appealed from unless the Board of Adjustment and Appeals, to whom the appeal is taken, certifies that by reason of the facts stated in the certificate a stay would cause imminent peril to life or property, (C) Authority of the Board of Adjustment and Appeals. The Board of Adjustment and Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and to that extent shall have all the powers attic officer from whom the appeal was taken, and may direct the issuance of a permit, (D) Hearing proceth fres. () The Zoning Administrator shall, upon the filing of a notice of appeal, refer the matter to die Board of Adjustment and Appeals and establish a time for the hearing of the matter by the Board, (2) The Zoning Administrator shall notify thc appellant or applicant, the Chairperson of the Planning Commission, the Building Official, the abutting property owners, and in the case of an appeal the officer from whom the appeal is taken, of the time and place of the hearing. The notice shall be in writing and shall be served on the person by mail, provided the notice shall he mailed al least 10 days preceding the date of the hearing. 2003 S-2 City Officials 15 (E) Record offindings. (I ) The Board of Adjustment and Appeals shall make written findings in any case of an appeal and shall state in the findings the reasons for its decision. The order issued by the Board of Adjustment and Appeals shall include the legal description of the land involved. Any order shall he filed with the Zoning Administrator who shall immediately mail a copy of the order, bearing the notation of the tiling date, to the appellant or applicant. (2) A certified copy of any order issued by the. Board of Adjustment and Appeals acting upon any appeal from a decision, order, requirement, or determination of an administrative officer, may be tiled with the County Recorder or Registrar of Titles for recording. The tiling may be made by the Zoning Administrator as soon as is reasonably possible after the filing of the order with the Zoning Administrator. (F) Decision; appeals. All decisions ofthe Board of Adjustment and Appeals acting upon an appeal from an order, requirement, decision, or determination by an administrative officer or upon an application for a variance shall be final. except that any aggrieved person may have any decision or order of the Board reviewed for an appropriate remedy in district court as provided by law, (Ord. 97-94, passed 11 -7-2001) 31.11 TERMS OF OFFICE. (A) Council Members, Two Council Members shall be elected for 4-year terms at each biannual electiom (B) Mayor. The Mayor shall be elected for a 4-year term commencing with the regular municipal elections to he held in 200S. The first 4-year mayoral tem shall commence on January I, 2009. (Ord. 97-194, passed 6-19-2007) M INN ijsol'A MAYORS HANDBOOK Appendix A Minnesota Mayors Association 1 1. AUTHORITY. City councils are authorized to adopt rules of procedure and provide 'for order at their meetings pursuant to Minn, Stat. § 412.191. 11. PURPOSE. The purpose of this policy on city council meetings is to set the groundwork for orderly and respectful communications between and among councilmembers, city staff, and citizens to promote the efficient working of the public's business at city council meetings. III. THE OPEN MEETING LAW. The Minnesota Open Meeting Law, Minn. Stat. ch. 13D, generally requires that all meetings of public bodies be open to the public. M A A. This presumption of openness serves three basic purposes: L To prohibit actions from being taken at a secret meeting, where it is impossible for the interested public to becotne fully informed concerning decisions of public bodies, or to detect improper influences. ?. To ensure the public's right to be informed. 3. To afford the public an opportunity to present its views to the public body. B. The city council views providing and encouraging citizen access to city meetings as one ()fits most important duties. As a result, all council and council committee meetings, including special and adjourned meetings, with the exception of closed meetings, as provided by Minn. Stat. ch. 13D, shall be open to the public. C. In calculating the number of days for providing notice under the Minnesota Open Meeting Law, the first day that the notice is given is not counted, hut the last day is counted. lithe last day is a. Saturday. Sunday, or legal holiday, that day is omitted from the calculation and the following day is considered the last day (unless, it happens to be a Saturday. Sunday, or legal holiday). D. In keeping with the intent of the Minnesota Open Meeting Law, city councilmembers shall not use any form of electronic communications technology, such as text messaging or e-mail, to communicate with one another or third parties during a public meeting in a manner that is hidden or shielded from the public view. E. Pursuant to Minu. Stat. § 13D.01, subd. 6, at least one copy of the written materials made available to council at or before the meeting shall also be made available for inspection by the public, excluding any non-public data, attomey-client privileged data, or materials related to agenda items of closed meetings. PvlinneNura ivtayors MINNESOl'A MAYORS HANDBOOK QUORUM. A simple majority ( ) of the council shall constitute a quorum for the valid transaction of any scheduled business to come before the council. V. COUNCIL MEETINGS. A. Location. All meetings, including special, recessed, and continued meetings, shall be held in the city council chambers, unless otherwise designated, pursuant to Minn. Stat. § 13D.04, subd. 2. B. Regular meetings. A schedule of regular meetings shall be kept on file with the city clerk. C. Special meetings. A special meeting is a meeting that is held at a time or location different from that of a regular meeting. A special meeting may be called by the mayor or any two city councilmembers by filing a request for the meeting at least three days before the meeting,. Days shall he counted as provided in 111-C. Notice to the public of special meetings must be given pursuant to Minn. Stat. § 13D.04, subd. D. Emergency meetings. An emergency meeting may be called by the mayor or any two city councilmembers. An emergency meeting is a special meeting called because of circumstances that, in the judgment of the public body, require immediate consideration by the public body. Posted or published notice of an emergency meeting is not required. However, the city will make a good faith effort to notify each news outlet that has filed a written request for notice. Notice must be given by telephone or any other method to notify members of the public body. The notice must include the subject of the meeting. E. Closed meetings. The Minnesota Open Meeting 1..a1V allows some meetings to be closed to the public for defined purposes. When a meeting is closed, the presiding officer at the council meeting will state the reason for closing the meeting on the record and cite the state statute that permits closure. F. Recessed or continued meetings. When a meeting is recessed or continued, the presiding officer shall state the time and place for the next meeting to occur pursuant to Minn. Stat. § 13D.04, subd 4. The time and place shall be noted in the minutes. if the time and place is stated and noted in the minutes, no additional notice of the meeting is required. However, if the time and place is not stated, the notice procedures for special meeting shall be required. Ci. Organizational meetings. The council will conduct its organizational meeting concurrent with the first regular council meeting in January of each year to: 1. Appoint an acting mayor pursuant to Minn. Stat. § 412.121. 2. Select an official newspaper pursuant to Minn. Stat. § 412.831. 3. Select an official depository for city funds. This must be done within 30 days of the start of the city's fiscal year pursuant to Minn. Stat. § 427.01-.02; 118A.02, subd 1; 427.09. 4. Review council's bylaws and make any needed changes. 5. Assign committee duties to members. 6. Approve official bonds that have been filed with the clerk. MMA N1:1),Jr4 Aso.. ut4.or 5 I 17. PRESIDING OFFICER. The mayor shall preside at all meetings of the city council. A. Role of the presiding officer. The presiding officer shall preserve order, enforce the City Council Rules of Order and Procedure as adopted in VI!, and determine, without debate, all questions of procedure and order, subjectto the final decision of the council on appeal as provided in VI-D. The presiding officer shall determine which member has the right to speak and may move matters to a vote once the officer has determined that all members have spoken. The presiding officer may determine whether a motion or proposed amendment is in order and may call members to order. B. Adjourning meetings. If considered necessary, because of grave disorder, the presiding officer may adjourn or continue the meeting to another time or suspend the meeting for a specified time. C. Designation ofa sergeant -at -arms. The presiding officer may request that local law enforcement designate a member to serve as a sergeant -at -arms at city council meetings. The sergeant -at -arms shall carry out all orders or instructions given by the presiding officer for the purpose of maintaining order and decorum at meetings. D. Motions and wring. The presiding officer may make tnotions, second motions, speak on any questions, and vote on any matter properly before the council. E. Absences of the presiding officer. In the absence of the mayor, the acting mayor shall preside. In the absence of both the mayor and the acting mayor, the city clerk/administrator shall call the meeting to order. The first order of business shall be to select a presiding officer for the meeting from the members present. The city clerk/administrator shall preside until the councilmembers present choose a member to act as presiding officer, F. Appeals ()Palings of the presiding officer. Any member of the council may appeal to the full council a ruling on order or procedure made by the presiding officer. 1. Procedure fin- appeals. An appeal is made by motion. No second is need for the motion. The member making the motion may speak once solely on the question involved, and the presiding officer may speak once solely to explain his or her rulint-t, but no other councihnember may participate in the discussion. 2. Once both the maker of the motion and the presiding officer have spoken, the matter must be voted upon by the council as a whole. 3. The appeal shall be sustained if it is approved by a majority of the members present, exclusive of the presiding officer. G. Temporary designation (yea presiding officer. The presiding officer may choose to designate a temporary presiding officer before participating in debate on a given matter. In the alternative, the council may by majority vote designate a temporary presiding officer to preside over the debate on a given matter. The presiding officer shall resume presiding as soon as action on the matter is concluded. VIL RULES OF ORDER AND PROCEDURE. The proceedings of the city council shall be conducted in accordance with the Minnesota Mayors Association Rules of Order for City Councils. MMA Niiwtk:sata Mayori r 52 MINNESOTA MAYORS HANDBooK VIII. DECORUM OF COUNCILMEMBERS. A. .,Ispirational statement: All councihnembers shall assist the presiding officer in preserving order and decorum and in providing for the efficient operation of the meeting, B. Aspirational statement: No councilinember shall engage in conduct which delays or interrupts the proceedings or which hinders honest, respectful discussion and debate. C. Aspirational statement: City council meetings shall be conducted in a courteous manner that recognizes the validity of differing points of view and promotes the ideal of democratic discussion and debate free of insult, slander, and personal attacks and threats. D. To effectuate these aspirational goals, city councihnembers shall conduct themselves at council meetings in a manner consistent with the following: 1. No councilmember shall engage in private conversation or pass private messages while in the chamber in a manner so as to interrupt the proceedings of the council. No councilmember shall leave his or her seat or make any noise of disturbance while a vote is being taken and until the result of the vote is announced. 3. No councihnember shall use profane or obscene words or unparlimentary language or use language that threatens hann or violence toward another person during a council tneeting. 4. No councilmember shall speak on any subject other than the subject in debate. 5. No councilmember shall speak without being recognized by the chair; nor shall any councilmember interrupt the speech of another councilmetnber. 6. No councilmember shall disobey the City Council Rules of Order and Procedure adopted in Vil or a decision of the presiding officer on questions of order or practice or upon the interpretation of the rules of council. 7. No councilmember shall engage in disorderly conduct that disturbs or disrupts the orderly conduct of any meeting. 0 TING. A. The votes of the city council will be taken by voice vote. The presiding officer shall announce the results of all votes of the council. B. A clear statement of the matter being voted upon and the names of those voting for and against the matter shall be recorded in the official minutes. C. Councihnembers may ask for a roll call oldie vote by the clerk/administrator on any motion or resolution. D. The clerk/administrator may ask for a verification roll call if the vote of a councilmember is not clear on the voice vote. E. A majority vote of the quorum present shall be sufficient for all matters before the council, unless otherwise provided by state law. F. Whenever a matter is put forward for a vote, every councilmember shall Vole. unless a bona fide conflict of interest, as defined by state law, exists. Nlinnoota Ntayor:;, ASSO, 53 MINNEsoTA MAY()RS HANDF300K X. MEETING SCHEDULE. A. Each meeting of the council shall convene at the time and place appointed. All public hearings shall commence at the advertised time. B. Council business shall be conducted in the order of the prepared agenda, unless an alteration is approved by a majority of the council. The prepared agenda may also be altered by the presiding officer to accommodate the advertised time of a public hearing. C. The last item on the agenda will be commenced no later than p.111. D. If all business has not been completed, the meeting may be continued to another date and time following the notice provisions in V-F. XI. ORDER OF BUSINESS. The order of business for all council meetings shall be: A. Call to order. B. Call of roll. C'. Approval of minutes. D. Public forum and correspondence. E. Consent agenda. F. Public hearings (when scheduled). G. Acknowledgement of receipt of board/commission minutes (if any). 11. Board/commission/committee reports (if any). 1. Staff reports (if any). J. New business. K. Unfinished business. L. Consideration of bills. M. Adjournment. XII. AGENDA. An agenda will be prepared for all regular council meetings by the city clerk/administrator. Agenda items may he placed by city councilmembers and city staff. Members of the public wishing, to place items on the agenda shall be directed to the public comment forum provided at the council meeting. When a special meeting is called, the agenda must be included in the request for the meeting and in the publication of the notice of the meeting pursuant to Minn. Stat. § 13D.04, subd. 2. A. All requests to place an item on the agenda must be received by the city clerk/administrator by a.m. days prior to the next council meeting. B. All requests to place an item on the agenda must be on the form prescribed by the city. The form should be completed with the goal of clearly describing the subject matter to be considered by council and any action requested or required. Supporting information may be attached to the form as necessary. C. All requests to place an item on the agenda by city staff must be reviewed by the city administrator/clerk. D. The agenda, along with information materials. will he mailed or delivered to all city councilmembers and the city attorney at least days prior to the next council meeting. Minrxsora 1544y,m, A5wci:mor 54 INN ES(YFA MAYORS HANDBOOK XIII. CONSENT AGENDA. A consent agenda may be used to improve the efficiency of meetings. The consent agenda allows council to consider several items at one time. Only one motion is necessary to approve all items on the consent agenda. A. Items that require findings of fact or an explanation of council actions, such as land use 'natters and the consideration of license requests, should generally not be placed on the consent agenda. B. An item on the consent agenda may be removed from consideration by the request of any one councilmember. Items removed from the consent agenda will he placed on the re44-ular agenda for discussion and consideration. XIV: MINUTES. Minutes constitute a vital record of the city and are the best means of preserving city council intent, findings of fact, and action. Pursuant to Minn. Stat. § 412.151, the city clerk must keep a minute book. A. The minutes shall contain at minimum: MMA Minnta. Mar. AsAh I. The city councilmembers who are present. 2. Type ofmeeting (regular, special, continued, emergency). 3. Date and place the meeting was held. 4. Time the meeting was called to order. 5. Approval of minutes of the previous meeting, with any couections. 6. The members who make or second motions. 7. Roll call vote on motions. 8. Subject 'natter of proposed resolutions or ordinances. 9. Whether the resolutions or ordinances are defeated or adopted. 10. The votes of each member, including the mayor. 11. A statement of findings of facts and an explanation of council action, including specific reasons for approval and disapproval, on all land use and licensing matters. 12. Listing of all bills allowed or approved for payment, noting the recipient, purpose, and amount, 13. Approval of hourly rates paid for services provided, mileage rates, meal - reimbursement amounts, and per diem amounts. 14. List of all transfers of funds. 55 MINNT'S()"TA MNYC)RS HANDBOOK ..sk 15. Authorizations and directions to invest excess funds, and information on investment redemptions and maturities. 16. Approval of minutes of the previous meeting, xvith any corrections. 17. Identity of parties to whom contracts were awarded. 18. Abstentions from voting due to a conflict, and the member's name and reason for abstention. 19. Appointments of representatives to committees or outside organizations. 20. Name and brief summary of subject matter of citizens appearing before council during public comment period. B. The minutes of each meeting shall be typed and signed by the clerkladannistrator. Copies of the minutes shall he included in the agenda for the next council meeting. C. At the next regular meeting, approval of the previous meeting's minutes shall be considered by council. 1. The meeting minutes do not need to be read aloud. 2. The presiding officer shall call for any additions or corrections. 3. If there is no objection to an addition or correction, it will be made without a vote of the council. 4. If there is an objection, the council shall vote upon the addition or correction by roll call vote. 5. Council shall take formal action by VOte to approve the minutes as distributed or as amended. D. Minutes shall be published as required by Minn. Stat. §§ 412.191, 331A.08, subd. 3. 331A.01, subd 10. XV. PUBLIC COMMENTAT COUNCIL MEETINGS/1AD AT PUBLIC HEARINGS A. Public participation and comment at council meetings. City council meetings are the brum for the city council to conduct the city's business. While city council 'peelings are open to the public pursuant to the Minnesota Open Meeting Law. they are not a forum for public expression. As such, members of the public are not allowed to participate in council discussion and debate without a specific invitation and/or formal recognition by the presiding officer. Members of the public shall not applaud, engage in conversation, or engage in other behavior through words or action that may disrupt the proceedings of council. B. Members of the public shall follow the direction of the presiding officer. Members of the public who do not follow the direction of the presiding officer will be warned that further disruptive conduct will result in removal from the meeting. After warning. if the conduct continues, the presiding officer may ask the member of the public to leave the meeting room. MMA Niistnc,;)ta Niayors Aqsociatior MINNES(TrA MAYORS HANE»300K If the member of the public refuses to follow the direction of the presiding officer, the presiding officer may direct the sergeant-at-artns to remove the person through any lawful means. In emergency situations, or where conduct is an egregious threat to the safety of the public or the council, a warning is not necessary before the sergeant -at -arms is directed to remove the person. C. Public comment period. A limited forum for members of the public to speak with the council is provided on the agenda. Public comments during the public comment period are subject to these limitations: MMA I. Speakers must be recognized by the presiding officer before speaking and are limited to three minutes for comment. When multiple speakers appear to speak on the same topic, comments should not be repetitive. The presiding officer may request speakers to appoint a spokesperson. 3. The presiding officer may place a time limit on the public comment period if necessary to allow for the conduct of city business. If there is not sufficient time at the meeting to hear all public comments, the comment period may be deferred to the next regular council meeting or at a continued meeting. 4. Speakers must sign up prior to speaking and provide a name, address, and brief summary of the subject matter they wish to address. The sign- up sheet will be available at the start of the city council meeting. 5. Speakers must direct their remarks toward the presiding officer. 6. Speakers shall not use obscene, profane or threatening lang,uage, nor conduct themselves in a threatening, loud, or boisterous manner that disrupts the conduct of the meeting or the security oldie public. 7. Speakers are required to follow the direction of the presiding officer. 8. Speakers who do not follow the direction of the presiding officer will be warned that further disruptive conduct will result in removal from the meeting. After warning, if the conduct continues the presiding officer may ask the speaker to leave. If the speaker refuses to follow the direction of the presiding officer, the presiding officer may direct the sergeant -at -arms to remove the speaker through any lawful means. In emergency situations, or when conduct is an egregious threat to the safety of the .public or the council, a warning is not necessary before the sergeant -at -arms is directed to remove the speaker. 9. Council will generally not respond at the same meeting where an issue is initially raised by a member of the public. Generally the matter Wi l be 5 referred to staff tbr further research and possible report or action at a future council meeting. D. A summary of these rules for public comment may be provided in the council meeting room. NUL PUBLIC HEARINGS. Public hearings are sometimes required by law to allow the public to offer input on city council decisions. When public hearings are required by law, notice shall be provided as required by state statute. Public hearings shall. be commenced at the time advertised in any notice required by law. A. General procedure for public hearings. The order of business for all public hearings conducted by council shall be: I. Opening comments by presiding officer announcing the purpose of the public hearing. 2. Presiding officer opens the public hearing portion of the meeting. 3. Staff presentation (including clerk/administrator, attorney, engineering reports ilany). -1. Developer/other presentation (if any). 5. Public comments. 6. Reading of written comments. 7. Presiding officer formally closes the public hearing portion of the meeting. B. Speakers who NVISI1 to address the city council at a public hearing must 'follow the same rules in XV. However, the presiding officer may allow additional time for speakers, as required, to comply with applicable state law, C. Speakers may also provide written comments to the city council before or at the meeting. Written comments shall be read aloud by the presiding officer or his or her designee as provided in XVI-A-6. Anonymous, unsigned communications will not be read. D. The presiding officer may continue the hearing, if necessary, following the procedures in V-F. XIII PROCEDURE FOR RESOLUTION AND ORDINANCE ADOPTION. All resolutions and ordinances shall he in writing, Unless otherwise provided by law, all ordinances shall be adopted by resolution by a majority vote of councihnembers present at the council meeting. Unless otherwise provided by law, ordinances do not require multiple readings, and may he adopted as presented at the first available meeting. Vosnrsora Mayors iot 55 MENNESCY1"A MAYORS FIANI)B001( XVIIL BOARD, COMMISSION, AND COMMITTEE ASSIGNMENTS. Al] assignments of councilmembers to serve on city boards. commissions, and committees shall be by a majority vote of councilmembers present at the ineeting, unless otherwise provided by law. XIX. YILIYORAL AND CITY PROCLAAIATIONS. Except as otherwise provided by law, all mayoral and city proclamations recognizing events, persons, and official observances shall be adopted by a majority of councilmembers present at the meeting where such proclamation is presented for adoption. LY. SEATING ASSIGNMENTS. Councilmembers shall occupy the chairs assigned to them by the presiding officer, but two councilmembers may exchange seats by joining in a formal request to the presiding officer, XXI. SUSPENSION OR AMENDMENT OF THESE RULES. Any or all of these rules may be temporarily suspended by a majority vote of the councilmembers present at the meeting, except as otherwise required by Minnesota law. These rules shall not be repealed or amended except by a majority vote of the whole council after notice has been given at a preceding council meeting. inc,cmata 1,4t,gor:, MINNESC)TA MAYORS FIANDB()()K Sample for use with Minnesota Mayors Association City Council Bylaws Agenda Request Form DATE SUBMITTED: SUBMITTED BY: DEPARTMENT: ISSUE: ATTACHMENTS: JUSTIFICATION: FINANCIAL IMPACT: ACTION REQUESTED: REVIEWED BY: City Clerk/Admin. City Attorney Bldg. Insp. Finance Director Public Works County City Engineer Architect DNR CITY CLERK/ADMINISTRATOR'S RECOMMENDATION: LANGUAGE FOR PROPOSED FORMAL MOTION TO BE CONSIDERED BY COUNCIL: MMA Niituzu,oul Nlayors Assok-iari,w 61) DATE: 2/16/16 ITEM 19 MOTION AGENDA ITEM: Single Fire Station Concept SUBMITTED BY: Greg Malmquist, Fire Chief THROUGH: Public Safety Committee REVIEWED BY: Interim Administrator SUGGESTED ORDER OF BUSINESS: Introduction of Item .......... ..... ........... ................ City Administrator Report/Presentation....... ...... ,....................... ...... ......... Fire Chief Questions from Council to Staff ........ ..... Mayor Facilitates Call for Motion ..... ............ ...... .......... ............. ..... .......... Mayor & City Council Discussion ...... ........... ...................... ....... Mayor & City Council Action on Motion... .......... ......... ....... ........................... ..... Mayor Facilitates powyytccpmvsjp,FR: Fire Department/Public Safety Committee FISCAL IMPACT:, The possible purchase of land for one future fire station SUMMARY AND ACTION RE ov TER; Staff is requesting direction from council regarding the concept of a single fire station for Lake Elmo. LEGISLATIVE HISTORY: At the October 13, 2015 Council Workshop, a presentation on "Public Safety, Staffing and Facilities" was given. The information presented was the result of extensive research and discussion conducted by the Public Safety Committee and the officers of the fire department. The information focused on identifying future staffing, equipment and facility needs for the fire department, (see attachment). The Public Safety Committee was looking for direction from Council for future planning, with the question of following the current Paid on Call (POC), multiple stations model or moving toward a one station with 2417 staffing, needing additional clarification. -- page City Council Meeting [Regular Agenda Item 19) February 16, 2016 Infoimation presented addressed the results of the 2004 and 2011 fire studies which were both based on POC staffing. Studies concluded current stations should be relocated and "Are not adaptable to future expansion". Analysis of various options and how other communities have addressed this issue. I would also like to highlight the recruitment efforts pursued over the years to deal with our inability to fully staff. The Public Safety Committee spent considerable time brainstorming and addressing this national/regional/local issue and came up with a pretty thorough list, (see attached). In addition to following up on these recommendations, FD staff went even further by attending training at regional and national levels and networking with local FD's, yet we continue to have a very low success rate. At the conclusion of the presentation, Council requested additional information/numbers related to the comparison of 1 vs 2 stations. Chief Malmquist conducted additional research, met with Eagan Fire Chief Mike Scott and had follow up conversation with Chief Officers of Maplewood FD regarding closing of fire stations and operating costs. See attached spreadsheet. Finance Director Cathy Bendel provided the operating cost information on the comparison spreadsheet. BACKGROUND INFORMATION (SWOT)j Strengths Ensure adequate staffing, long range cost savings (potentially over $3mil.), meet future response needs of community. Weaknesses Opportunities Increasing land costs. Initial investment in facility. Delaying decision until FD reaches critical staffing point and delivery of service is impacted. Identify and secure site while still available. Leam from other conununities. Possibly partner with Washington County Sheriff's Department and Lakeview EMS in combined Public Safety Facility. Threats Inability to staff by committing to failing Paid on Call system. RECOMMENDATION: The Public Safety Committee and the Officers of the Lake Elmo Fire Department make the following recommendation." "Move to make preparations to move to a single fire station and identify an appropriate site. ATTACHMENTS: TI IF CITY OF LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNC COMMUNICATION DATE: 02/16/2016 REGULAR ITEM #: 20 MOTION IPAD Opinion Request Sarah Sonsalla, City Attorney Clark Schroeder, Interim City Administrator Sarah Sonsalla/Clark Schroeder SUGGESTED ORDER OF BUSINESS: - Introduction of Item ...... ............. .................. Staff - Report/Presentation........... ........ .......... ........... ....... ............. . ..... Staff - Questions from Council to Staff ..... ....... Mayor Facilitates - Public Input, if Appropriate ............ ........... ........ .......... Mayor Facilitates Call for Motion ..... ....„ ........ ........ ........ ..... ............... Mayor & City Council - Discussion........................................ ........ ..... ..... Mayor & City Council Action on Motion Mayor Facilitates PUBLIC POLICY STATEMENT aF APPLICABLE) SUMMARY AND ACTION REQUESTED: The Council will need to decide if it would like to request an opinion from the Department of Administration - information Policy Analysis Division with respect whether a letter that was written by former City Attorney David Snyder concerning a City employee complaint about a City Council member is public data under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. BACKGROUND AND STAFF REPORT: It was requested that I provide an opinion as to whether or not a letter written by former City Attorney David Snyder that is dated October 1, 2015 concerning a complaint made by a City employee about a City Council member could be released to the public. 1 had opined that because the document is about an unsubstantiated complaint that involves a City employee, that it contains private personnel data pursuant to Minnesota Statutes Section 13.43 and should not be released to the public, even in a redacted form, I will admit that my recommendation that the City not release this document to the public is conservative, but given that it may contain private personnel data which can oftentimes consist of sensitive information, I would rather that the City not release it unless it receives an opinion from the Department of Administration — Information Policy Analysis Division (IPAD") that the letter may be released. This way, the City may then rely on this opinion and is protected in the event that someone brings a claim against the City relating, to the release of the letter. 475265v1 SJS LA515-I Seeking, this opinion will result in the City incurring costs associated with me corresponding with IPAD and drafting - opinion request. Alternatively, the City may choose to not release the letter and allow someone who wants it to be released to make his or her own request to IPAD for an opinion. RECOMMENDATION: If the Council chooses to request 017 opinion, it should make the followin, motion: "Move to direct the City Attorney to request an opinion front IPAD as to whether or not the le rom David Snyder dated October 1, 2015 is public." ATTAC IIMENT(S): None. 475268v1 SJS LA515-I AlU crry 01, LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 2-16-16 REGULAR ITEM #: 21 MOTION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: Library Associate Status Clark Schroeder Clark Schroeder Clark Schroeder SUGGESTED ORDER OF BUSINESS: - Introduction of Item Staff Report/Presentation Staff Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates PUBLIC POLICY STATEMENT Council can set policy regarding the cities library SUMMARY AND ACTION REOUESTED: Action can be taken to direct staff to seek Associate status, Branch Status, or continue independent status with regards to the Washington County Library system. BACKGROUND AND STAFF REPORT: Washington County will be adopting their Washington County Library Strategic Plan, the morning of the 16th. This plan lays out direction for the whole county regarding Washington County Libraries, Branch Libraries, Associate Libraries, and Independent Libraries such the Lake Elmo library. The Strategic plan does state that: 6. Relationships with and provision of services at associate and community libraries in the County must be accounted for in the Library's strategic directions. To maintain the strength and effectiveness of the County Library system, additional associate libraries shall not be approved. In summary, the Washington County Board as of the writing of the document, most likely will be voting to not allow any additional associate libraries in Washington County. With that said, the Library Board and the City Council can consider moving to a Branch Library, run by Washington County with support from Lake Elmo Volunteers, or continue as an independent library outside of the Washington County system. RECOMMENDATION: Two Motions are before the council today. "Move to continue as an independent library outside of the Washington County Library System" "Move to direct the Library Board to negotiate with Washington County and move towards a branch status library in downtown Lake Elmo." ATTACHMENT(S): Julie Johnson From: Bastyr, Teresa [Teresa.Bastyr@brns.corn] Sent: Tuesday, February 16, 2016 4:07 PM To: Julie Johnson Subject: Sanctuary Good evening. I am Dr. Bastyr, and I am a resident of the Sanctuary neighborhood in Lake Elmo. 1 100% strongly oppose efforts to increase the commercial activity in the surrounding area which would result in increased traffic on Linden Ave when/if it becomes a through street. Specifically this includes Ms. Hecker's petition to increase the frequency of weddings from 2 to 4 per week in a district that is zoned Rural Residential and is located south of the Sanctuary neighborhood. It is our responsibility as residents and parents to preserve our neighborhood's SAFETY, identity, and value. If Linden Ave is extended into the Landucci development, the expected increase in traffic through our neighborhood due to Ms. Hecker's business is unsafe, and it's unacceptable. There are more than 100 children who live in the Sanctuary community with more than 65% of these children under the age of 12 yrs old. The trail system through Sanctuary has 5 access points aloneLinden Ave., and these trails are very heavily used by its residents and by the residents in surrounding neighborhoods (i.e. Carriage Station and Liberty). It would be irresponsible to vote in favor of any activity that would compromise their safety. We ask you to vote in favor of the Sanctuary community. Please do NOT vote in favor of Ms. Hecker's petitions. I beg you to please keep our children safe in our neighborhood. Thank you Dr. Teresa Bastyr Sent from my iPhone .„.„ This message any attachments) ifiay contaliti confidential, proprietary, privileged ancllor private iriformation. The inifipirciation is intended to be for the use of the individual or entity designated above, 11 yOU ale not the illiFtIlded recipient oil this criesisacie, pease notify the sender immecilately, and delete the messnd any attachment's Any discloitv,iire. rieprocluction, di,it,:tsibdtion or other use of till:3 ITIeSS,71',:;e or any aittachiments by an indiviclual or entity ot,her thart the intenderi rccipient protlibited. Julie Johnson From: K]oewer, Jeff 0k|oewor@aWLnom] Sent Tuesday, February 1S.201G3:55PyW To-. Julie Johnson Subject: PLEASE READ ATTON|GHT'SCITY COUNCIL MEETING Importance: High Hello, Julie, I am not able to make the meeting tonight (Feb. 16), but am a resident of The Sanctuary, a neighboring development in the vicinity of the Barn Wedding venue. Z wanted to express my opinion in regards this development. It seems as if Ms. Hecker is looking to have her cake and eat it/ too. Here's why: 1. She has been able to get the ordinance changed, so the council set up some guidelines based on the needs. With this said, why would it be considered to DOUBLE the amount of wedding venues from ] to 4 per week? I would think you would allow Ms' Hecker to get up and running prior to considering this increase and what evidence is there to support such a proposal? What does this mean to Sanctuary residents? Heightened awareness to neighborhood families for the safety of their children and the integrity of our development. 2' With all businesses having to abide by the surfacing and curbing ordinance, I am not sure why this would be considered except for a way to milk some additional parking around the venue site. I can only assume this as there isn't a clarifying reason as to why. What does this mean to Sanctuary residents? Additional traffic on Linden, which fosters additional hazards for those particular residents' It seems as if these two additional requests from Ms. Hecker are related because I know there was discussion at earlier Council Meetings about the parking for this proposed venue. If the City of Lake Elmo is to adopt a Barn Wedding venue, my suggestion is to allow Ms. Hecker to start off slow to ensure compliance prior to opening up the floodgates to allow such additional traffic through the neighborhoods of the Sanctuary, Two additional comments: Has Ms. Hecker presented a comprehensive business plan to the council/ Has Ms. Hecker applied for o building permit yet so that the reconfigured Barn is up to code? Thanks very much. 651.497.7645 This email' including attachments' may contain information that is private or confidential. If you received this communication in error, please delete it from your system without copying it and notify sender by reply communication' ADT Security Services and its affiliates reserve the right to monitor communications handled by its data communications systems to help ensure compliance with ADT's policies, confidentiality obligations, and applicable laws. Julie Johnson From: chefschiltz@aol.com Sent: Tuesday, February 16, 2016 11:33 AM To: Julie Johnson Subject: tonights counsel meeting Hi Julie: I heard that there is the Hecker Barn approval coming up tonight. I would like to give my support to this and say Thank you to the Heckers for even considering bring one of our land mark of this town back to life. I would also like to ask if this is not one of the best kinds of business a city could ask for then what is???? Thank you for taking this e-mail and giving it to the counsel. John Schiltz Owner/Chef at the Lake Elmo Inn 651.777.8495 chefschiltzPaol.com Julie Johnson From: Gregg Sainsbury [greggmsainsbury©yahoo.com] Sent: Tuesday, February 16, 2016 1:39 PM To: Julie Johnson Cc: Amy Sainsbury Subject: Tonight's meeting Hello Julie. Please read this email at tonight's meeting. We are opposed to anything that would make Linden Avenue in the Sanctuary development a through street. That street is teeming with children and the safety of our neighborhood's children is obviously paramount. As a secondary consideration, we believe making Linden a through street would have a negative impact on the values of our properties in Sanctuary. Of course, that is a debatable claim. Conversely, the idea that converting a safe, circle drive into a through street connecting to Hwy 36 would make our neighborhood more dangerous for our children is not debatable. How much more dangerous? That can undoubtedly be quantified, but if it means only one or two more injured children in the next 10 years, isn't that too many? We regret that we cannot attend tonight's meeting to express just how passionately we believe that our children will be in needless danger if Linden is a through street. Therefore, Ms. Hecker's proposal for 4 wedding ceremonies per week with 200 guests per ceremony is something we oppose if it also means Linden becomes a through street. We understand that the city ordinance only allows for 2 ceremonies per week with 150 guests per ceremony. Why those numbers were originally used or why these new numbers have been approved we do not know. Our stance is that she can have ceremonies and guests without Linden being converted to a through street, whether 2 or 4, and whether 150 or 200. Thank you, Gregg and Amy Sainsbury 11923 58th St. N. Julie Johnson A,o64 Urn AA A A ....6.414.rnao•Lain From: Jason Ligday [ligdog_3000@yahoo.corn] Sent: Tuesday, February 16, 2016 4:13 PM To: Julie Johnson Subject: Ms, Heckers change in the ordinance vote tonight Hi Julie, This email is in regards to Ms. Heckers change in the ordinance vote at this evenings meeting. We live at 5747 Linden Ave N, Lake Elmo in the Sanctuary Neighborhood. We strongly oppose the commercial activity in the surrounding area which would potentially result in increased traffic on Linden Ave. and in our Neighborhood. This includes Ms. Hecker's petition to increase the frequency of weddings from 2 to 4 per week in a district that is zoned Rural Residential and is located south of the Sanctuary neighborhood. Furthermore, If Linden Ave is extended into the Landucci development, the expected increase in traffic through our neighborhood due to Ms. Hecker's business is unsafe, and it's unacceptable. It would be irresponsible to vote in favor of any activity that would compromise our Children's safety. We ask you to vote in favor of the Sanctuary community and do not vote in favor of Ms. Hecker's petitions. Thank You, Jason and Jennifer Ligday Julie Johnson Mon From: Kirsten Hellyer [kirstenhellyer@icloud.com] Sent: Tuesday, February 16, 2016 4:14 PM To: Julie Johnson Subject: Tonight's city council meeting. Hello, Ny name is Kirsten Hellyer, and my husband BJ and I and our 3 young children (ages 3, 5. 7) live at 11839 58th St N, in the Sanctuary neighborhood. We moved to Lake Elmo in 2012 from a busy neighborhood in Eagan. We were drawn to this area because of the open spaces and small town feel, and the slower pace that life seems to be on this side of town. In the past 3+ years, we have lived through a lot of construction traffic in our neighborhood, but understood that eventually it would all wrap up and we would return to our quiet neighborhood. We understand the need for growth in Lake Elmo, but we strongly oppose efforts to increase the commercial activity in the surrounding area which would result in increased traffic on Linden Ave when/if it becomes a through street. Specifically this includes Ms. Hecker's petition to increase the frequency of weddings from 2 to 4 per week in a district that is zoned Rural Residential and is located south of the Sanctuary neighborhood. It is our responsibility as residents and parents to preserve our neighborhood's SAFETY, identity, and value. If Linden Ave is extended into the Landucci development, the expected increase in traffic through our neighborhood due to Ms. Hecker's business is unsafe, and it's unacceptable. There are more than 100 children who live in the Sanctuary community with more than 65% of these children under the age of 12 yrs old. The trail system through Sanctuary has 5 access points along Linden Ave., and these trails are very heavily used by its residents and by the residents in surrounding neighborhoods (i.e. Carriage Station and Liberty). It would be irresponsible to vote in favor of any activity that would compromise their safety. We ask you to vote in favor of the Sanctuary community. Please do NOT vote in favor of Ms. Hecker's petitions. Sincerely, Kirsten & BJ Hellyer Sent from my iPhone Julie Johnson From: Sue Hicks [suehicks77@gnnail.com] Sent: Tuesday, February 16, 2016 5:22 PM To: Julie Johnson Subject: Feedback on wedding venue Please read at the meeting tonight. 1 was not informed that there would be a vote on this topic until I opened my email 1 minute ago (5:11). This vote affects my property and potentially my land value. I am opposed to a through street between The Sanctuary and the proposed Landucci Land development including access to the wedding venue. This is not safe for the children, it is too noisy, and theThe Sanctuary will not be a "sanctuary" with all the traffic. There are many blind curves along Linden masking children, walkers, dogs and bikes. Linden is also narrow leaving little room for error. 1 do not support at all a wedding venue proposed on the near fringe of a neighborhood due to increased traffic of non-residents, noise, parking and potentially drivers who have been drinking on the neighborhood streets. Thank you, Sue Hicks 11833 56th St N Lake Elmo, MN 55042 June Johnson From: Wimmer, Jason Owimnner@wipfli.corni Sent: Tuesday, February 16, 2016 4:09 PM To: Julie Johnson Cc: Wimmer, Samantha Subject: Sanctuary Neighborhood - Wedding Venue Dear Julie: My wife and I (Jason & Samantha Wimmer) reside at 5729 Linden Avenue North and we are residents of the Sanctuary neighborhood in Lake Elmo. We understand there will be some discussion and a vote regarding a wedding venue that impacts our neighborhood. We would appreciate it if you could share at the council meeting that we strongly oppose this... specifically, efforts to increase the commercial activity in the surrounding area, which would result in increased traffic on Linden Ave when / if it becomes a through street. This includes Ms. Hecker's petition to increase the frequency of weddings from 2 to 4 per week in a district that is zoned Rural Residential and is located south of the Sanctuary neighborhood. It is our responsibility as residents and parents to preserve our neighborhood's SAFETY, identity, and value. If Linden Ave is extended into the Landucci development, the expected increase in traffic through our neighborhood due to Ms. Hecker's business is unsafe, and it's unacceptable. There are more than 100 children who live in the Sanctuary community with more than 65% of these children under the age of 12 yrs old. The trail system through Sanctuary has 5 access points along Linden Ave., and these trails are very heavily used by its residents and by the residents in surrounding neighborhoods (i.e. Carriage Station and Liberty). It would be irresponsible to vote in favor of any activity that would compromise their safety. We ask you to vote in favor of the Sanctuary community. Please do NOT vote in favor of Ms. Hecker's petitions. Thank you, Jason & Samantha Wimmer 651-351-2813 (home) 507-993-7624 (cell) Julie Johnson From: Andrea Anderson [ascheider27@gmaiLcorn] Sent: Tuesday, February 16, 2016 4:18 PM To: Julie Johnson Subject: Fwd: Urgent: City Council Meeting Tonight/Wedding Venue Ryan and Andrea Anderson at 5820 Lily Ave N. agree with the sentiments that the Mowdy's described. Sent from my iPhone Begin forwarded message: From: Jen <jcmowdv(iimsn.com> Date: February 16, 2016 at 3:55:09 P.M CST Cc: andersa120(c4unail.com, suzanne2mvers@vahoo.com, ioseohlweberki),gmail.com, sarahianerobsonaiNahoo.com, carolistauffera,gmail.com, stn85aaol.com, amv.m.sainsb-urv(42medtronic.com, braunshausen(i4ahoo.com, hendrickson.anne(&,vmail.com, backsetagmail.com, ribprossermail.com, bvnesa,mac.com, carvcm(mac.com, cathylongtinaginail.com, cbiesAchcorn, chrisnaylon(ci)msn.com, dansletahoo.com, silvernalea.usfamily.net, facesinwoodaaol.com, o-urouarose@,amail.com, eaWstillwaterinvest.com, erickaruth822a,vahoo.com, reggmsainsburva,vahoo.com, imkgreenavahoo.com, liadog_30004.vahoo.com. iwimmevalArinfl i.com, itbastvravahoo.com, eff(thebeni amins. us, ikloewerl 60),grnail.com, jenny,w.cottonanedtronic.coni, jililgdavavahoo.com, wellnessgal@vahoo.com,,iill.schmittamonedtronic.com, iodvzellers@vahoo.com, john isackson(q.com, idlongtin64(ginail.corn, joeschnea,gmail.com, kingschneider(d),ginail.com, kelliforsvtheme.com, pimmo.kerrvaiIvahoo.com, kiinweber96i)vahoo.com, kirstenhellverOthotmail.com, kristen.holmen(i4ahoo.corn, lan-vsueenkiowestoffice.net, lauraathebeniamins.us, 1orenmaq.com, michael.chickett(me.com, hoheiselk(msn.com, mikeschmitt454agmail.com, michele(d)michelealm.com, michelle.chickett(WJne.com, mlhendrk(i4;hotmail.com, cnfratalone@gmail.com, rkroeck(Tkoincast.net, bob.bies(isincltd.com, randersonaiThayscomoanies.com, swimmer0)Nviofli.com, sadorfavahoo.com, suehicks77(a),gmail.com, tbastvr01(caotrnail.com, tiremedic97164vahoo.com, tforsvtlie(cime.com, tinowdv19msn.coin, todd.nimmarailtransfer.com, tholmen30(24vahoo.com, wkroeckacomcast.net, orenhomeau.com, wmdernaragmail.com, wgpresAdurandandassociates.corn, stauf005(umn.edu, iiligdavavahoo.com, iennifer.l.mollapwc.com, jandseifert(itgmail.com, kevinandabbieahotmail.com, Jmericksonlithotmail.com, lerickson45(iiThotmail.com, foxacialotmail.com, ascheider27ag-mailcom, Mainstrecterrfagmail.com, Aischinka@gmail.com, andy.schinka(ikomcast.net, Nick(a),carlsonbuilding.com Subject: Re: Urgent: City Council Meeting Tonight/Wedding Venue If anyone wants to forward or tag onto my email in a show of support, Pam Chickett thought it would be a good idea to send to Julie Johnson for those who can't attend the meeting. I sent the following: Good evening. We are Tim & Jennifer Mowdy. Our address is 11753 56th St N, and we are residents of the Sanctuary neighborhood in Lake Elmo. We strongly oppose efforts to increase the commercial activity in the surrounding area which would result in increased traffic on Linden Ave when/if it becomes a through street. Specifically this includes Ms. Hecker's petition to increase the frequency of weddings from 2 to 4 per week in a district that is zoned Rural Residential and is located south of the Sanctuary neighborhood. It is our responsibility as residents and parents to preserve our neighborhood's SAFETY, identity, and value. If Linden Ave is extended into the Landucci development, the expected increase in traffic through our neighborhood due to Ms. Hecker's business is unsafe, and it's unacceptable. There are more than 100 children who live in the Sanctuary community with more than 65% of these children under the age of 12 yrs old. The trail system through Sanctuary has 5 access points along Linden Ave., and these trails are very heavily used by its residents and by the residents in surrounding neighborhoods (i.e. Carriage Station and Liberty). It would be irresponsible to vote in favor of any activity that would compromise their safety. We ask you to vote in favor of the Sanctuary community. Please do NOT vote in favor of Ms. Hecker's petitions. Thank you On Feb 16, 2016, at 1:12 PM, Pamela Chickett <pamela.chickett(i1),me.com> wrote: Neighbors: It has come to our attention that discussion and a vote will take place tonight regarding the wedding venue request by Danielle Hecker whose property abuts the new Legends development just south of the Sanctuary. While the city ordinance regarding commercial wedding venues limits the number of guests to 150 and the number of ceremonies to 2 per week, it is our understanding that Ms. Hecker is asking for 200 guests and 4 2 ceremonies per week. We understand that the Planning Commission has approved her request. To complicate matters, we are aware that the City Planning Commission is supporting that Linden Ave become a through street. That meeting takes place next Monday, February 22, at 7:00 p.m. If this is approved by the Council, our neighborhood will also be getting traffic using Sanctuary roads to access the wedding venue from Hwy 36. If you are unable to attend tonight's meeting, please send an email to City Clerk, Julie Johnson, by 4:00 p.m. at jiohnsonlakeelmo.org and request that she read your email at tonight's meeting. This is extremely important to our quality of life in the Sanctuary and will have a direct impact on the safety of our residents and our property values. Thank you. Pam, Michelle and Mike Chickett On Feb 06, 2016, at 10:45 AM, Pamela Chickett <oamela.chickettai!me.corn> wrote: Neighbors, Please put this very important date, i,ehritar) 22. on your calendars to attend the Planning Board Commission Hearing on the proposed Landucci development. We need as many neighbors as possible to attend this meeting. If unable to attend, written comments may be submitted to the City no later than 5:00 p.m. on Monday, February 15, 2016. Comments may also be emailed to Stephen Wensman, City Planner, at Swensman(c-dakeelino.or2 no later than noon the day of the meeting. Materials are available for review at City Hall Monday - Friday between the hours of 8:00 a.m. and 4:30 p.m. At the last meeting, Mr. Landucci was not only open to the suggestion but had a plan to construct a cul de sac at the end of Linden Ave that would be accessible to pedestrians and emergency vehicles only. There would be no through traffic from Hwy 36 to 50th Street. This is a plan that preserves the integrity and identity of both the Sanctuary neighborhood and that of the new Legends development. On May 1, 2001, an ordinance was approved on Open Space Preservation, 150.l 75. Under Purpose, Item B states that "protected open space will enhance and preserve the natural character of the community and create distinct neighborhoods." A through street would blur the identities of the two neighborhoods. We are aware that of lot of Sanctuary kids using the center path frequently end up on Linden Ave although they may not live on Linden. This is safety issue for all Sanctuary children. Please feel free to contact the City and or Planning Commission with your thoughts or concer-ns. This may be our last opportunity to do so. Pam and Michelle Chickett Julie Johnson From: Sarah Dorff [sadorff@yahoo,com] Sent: Tuesday, February 16, 2016 4:10 PM To: Julie Johnson Subject: Opposing Increased Commercial Activity in Residential Area Good evening as well. We are A.J. and Sarah Dorff. Our address is 11570 58th Ct N, and we too are residents of the Sanctuary neighborhood in Lake Elmo. We second everything presented in the email sent by the Mowdy family. Please see below for a reminder. Thank you. "Good evening. We are Tim & Jennifer Mowdy. Our address is 11753 56th St N, and we are residents of the Sanctuary neighborhood in Lake Elmo. We strongly oppose efforts to increase the commercial activity in the surrounding area which would result in increased traffic on Linden Ave when/if it becomes a through street. Specifically this includes Ms. Hecker's petition to increase the frequency of weddings from 2 to 4 per week in a district that is zoned Rural Residential and is located south of the Sanctuary neighborhood. It is our responsibility as residents and parents to preserve our neighborhood's SAFETY, identity, and value. If Linden Ave is extended into the Landucci development, the expected increase in traffic through our neighborhood due to Ms. Hecker's business is unsafe, and it's unacceptable. There are more than 100 children who live in the Sanctuary community with more than 65% of these children under the age of 12 yrs old. The trail system through Sanctuary has 5 access points along Linden Ave., and these trails are very heavily used by its residents and by the residents in surrounding neighborhoods (i.e. Carriage Station and Liberty). It would be irresponsible to vote in favor of any activity that would compromise their safety. We ask you to vote in favor of the Sanctuary community. Please do NOT vote in favor of Ms. Hecker's petitions. Thank you" Julie Johnson . From: Jennifer Mowdy Ucmowdy@msn.com] Sent: Tuesday, February 1G.2O1O2:5OPM To: Julie Johnson Cc: Anderson Austin; Cotton Mark; Chiokett Pamela Subject: Please read at tonight's meeting re: Good evening. We are Tim & ]ennifer Mowdv. Our address is 11753 56th St N, and we are residents of the Sanctuary neighborhood in Lake Elmo. We strongly oppose efforts to increase the commercial activity in the surrounding area which would result in increased traffic on Linden Ave if it were to become a through street. Specifically this includes Ms. Hecker's petition to increase the frequency of weddings from 2 to 4 per week in the district zoned Rural Residential located south of the Sanctuary neighborhood. It is our responsibility as residents and parents to preserve our neighborhood's safety' identity, and value. If Linden Ave is extended into the Landucci development, the expected increase in traffic through Sanctuary due to Ms. Hecker's business is unsafe, and it's unacceptable. There are more than 100 children who live in the Sanctuary community with more than 65% of these children under the age of lZ yrs old. The trail system through Sanctuary has S access points along Linden Ave., and these trails are very heavily used by its residents and by the residents in surrounding neighborhoods (i.e. Carriage Station and Liberty). It would be irresponsible to vote in favor of any activity that would compromise their safety. Please do NOT vote in favor of Ms. Hecker's petitions. Thank you/ no.np/,F �|<�\�|\1A '^^``^ �~^—^,^~^ Lake Elmo City Council Meeting if you vvbh to address the City [nundL please 0\ out the form and give it to the City Clerk or City Administrator. The Mayor / Chair will call upon you when it is time for you to speak during the time designated for public comments oneach agenda item. |fyour topic is not a numbered item on the agenda, it will be heard during the Public Comments and Inquiries portion cf the meeting. *** Decorum Policies *** (1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience wU(not beallowed. Being quiet during the meeting isappreciated sothat the business of the governing body can be conducted with full attention to the matter at hand; (Z) The governing body will provide (I) opportunities for public comment during the meeting. First, an opportunity will be given at the onset of the meeting for general comment; Seoond, opportunity will be given to speak on an agenda item at the time the governing body addresses the item; (3) Citizens wishing to speak noug sign in and provide their request to the [nund|' [onnnicJor, or Committee Clerk for distribution to the Mayor / Chair, Upon being recognized, you shoutcl proceed to the lectern and state your name, address and topic to be discussed. You will be given <6> minutes tospeak, The xxayu,/Cha}, may interrupt o,terminate a citizen's statement when it is ton |enDthy, penmnu(' insulting, abusive, obscene, n,slanderous. Any person acting in an unruly manner may beasked to leave the meeting. (4) No person shall display signs or placards, applaud participants in debate orengage in conversation or other behavior which may disrupt the proceedings of the Council. (S) When a group of persons wishes to address the [uundi on the same subject matter, they may choose a spokesperson to address the governing body. No action will be taken in response to a petition delivered at v Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration and recommendation nfappropriate action. Name (p|easephrt): Address: / / kem#/Topic ( —�_ / / � /{ /