HomeMy WebLinkAbout06-18-13 CCMPIL (:1T' or
KET
Our Mission is to Provide Quality Public Services
in a Fiscally Responsible Manner While
Preserving the City's Open Space Character
NOTICE OF MEETING
City Council Meeting
Tuesday, June 18, 2013 7:00 P.M.
City of Lake Elmo I 3800 Laverne Avenue North
6:45 P.M - PARKS COMMISSION INTERVIEW
AGENDA
A. Call to Order
B. Pledge of Allegiance
C. Roll Call
D. Order of Business
E. Approval of Agenda
F. Accept Minutes
1. Accept June 04, 2013 City Council Meeting Minutes
G. Public Comments/Inquiries
H. Speak Your Peace - Responsibility
1. Presentations
2. Washington County Sheriff Update
3. Youth Services Bureau Update
Consent Agenda
4. Approve Payment of Disbursements and Payroll
5. Accept Financial Report dated May 31, 2013
6. Accept Building Permit Report dated May 31, 2013
7. Keats MSA Street and Trunk Watermain Improvements - Pay Request No. 1.
8. Lake Elmo Avenue Infrastructure Improvements: 194 to 30th Street - Approve
Plans and Specifications and Authorize Advertisement for Bids; Resolution
2013-47
Encroachment Agreement - 5747 Linden Ave
10. Order Abatement Actions - 9447 Stillwater Blvd; 9224 31st St N
K. Regular Agenda
11. Zoning Text Amendment - Sign Ordinance Update; Ordinance 08-082,
Resolution 2013-48
12. Zoning Text Amendment - Fence Ordinance; Ordinance 08-083
13. Zoning Text Amendment - Article III: Administration and Enforcement;
Ordinance 08-084, Resolution 2013-49
. Summary Reports and Announcements
• Mayor
• Council
• City Administrator
• City Attorney
• Planning Director
• City Engineer
• Finance Director
City Clerk
. Adjourn
LAKE ELMO CITY COUNCIL MINUTES
June 04, 2013
CITY OF LAKE ELMO
CITY COUNCIL MINUTES
June 04, 2013
Mayor Pearson called the meeting to order at 7:00 P.M.
PRESENT: Mayor Pearson, Council Members Bloyer, Nelson, and Smith.
Also Present: City Administrator Zuleger, City Attorney Snyder, Planning Director Klatt, City
Engineer Griffin, Assistant City Engineer Stempski, Finance Director Bendel, and City Clerk Bell.
PLEDGE OF ALLIGENCE
APPROVAL OF AGENDA
MOTION: Council Member Smith moved TO APPROVE THE JUNE 04, 2013 CITY COUNCIL AGENDA
AS PRESENTED. Council Member Nelson seconded the motion. Motion passed 4-0.
ITEM 1: ACCEPT MINUTES
THE MAY 21, 2013 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF
THE CITY COUNCIL.
PUBLIC COMMENTS:
a) Ann Bucheck spoke about the library. Spoke about summer reading program. Begins June loth;
runs for 10 weeks - ends August 17. Involves games, programs, prizes, and author visits. Story
time expanded every Friday starts at 10;30. There will be a medallion hunt. Council member
Park donated time at her course; Gorman's donated ice cream; Pinz donated digital bookmark
and playtime; Mayor Pearson will be participating in the July 24 power up program.
Participants will have the opportunity to challenge the mayor with their tricks; Target donated
gift cards; Lake Elmo Bank gave 3 gift certificates; thanked the Lake Elmo Jaycees for their
generosity.
b) Carole Coifed 3094 Layton Court N. spoke about the petition that she delivered to the city.
Problem property involves clog feces odor and loose and aggressive dogs. Hopes city can do
something about the situation.
c) David Olson 3124 Layton Court N- is a 48 year resident of Lake Elmo. For the last three years,
loose dogs have been a problem, aggressive dogs; loud motorcycles. Speeding and volume of
cars is an issue. Asked city to do something about the situation.
d) Bryan Kindler 3084 Layton Court N - is new family on street. Been here for 6 mos. Grew up in
Lake Elmo and has now returned. He has four children. Dog aggressive, chases his children.
Doesn't want to go outside. Wants a safe place to raise kids and have neighbors behave how
they should.
i. City Administrator Zuleger noted that the City has issued an At -Large Dog citation -
asking Sheriff s Office to possibly look at escalating it to potentially dangerous dog.
e) David Lessard 2890 Imperial Ave. Spoke about his neighbor at 2850 Imperial Ave. who is
unemployed. He alleged that his neighbor took up auto repair business at home, and there are
Page 1 of 8
LAKE ELMO CITY COUNCIL MINUTES
June 04, 2013
now up to nine vehicles at a time present. Variance was granted to prior owner for parking his
boat. Now he has to deal with upset customers and people looking for the business. Reported
calling the police in May. Alleged that he sent email to [Rick] Chase.
i. City Administrator Zuleger explained the process and assured that the property is on the
list of properties the City is addressing.
0 Jim Blackford, 9765 45th St. distributed his written comments (entered into record). He spoke
about the recent boating restriction amendments. He noted that council is setting precedent. If
council votes on personal ideas and ignores the population, future councils can as well. Actions
speak louder than words and the recent actions disrespect a large part of city.
PRESENTATIONS
Fire Chief Malmquist gave summary report of the year to date fire department actions. Gave
overview of service call breakdown. Noted that the new call.... Is working better. Explained mutual
aid call numbers; provided training update. City is collaboratively developing mutual aid tender
water supply program.
Fire Department working with property owner to possibly do a house burn training event. Five
probationary fighters have completed all their training. Will bring to council to present soon.
Revising training to focus on controllable elements. On -going evaluation of possible dry hydrant
locations. Bringing donated tablets online. Annual pump testing/certification. Working closely with
building official Rick Chase on inspections. Recruitment- fire department is hiring. 10 people down
which translates to 2/3 of full allotment. Need recruits. Chief Malmquist clarified the joint
inspections- it is whenever there is a fire aspect involved.
CONSENT AGENDA
3. Approve Payment of Disbursements and Payroll in the amount of 128,369.43.
4. Skid Steer Trade/Upgrade
5. Christ Lutheran Church Miner Sub 4ivis-i-on 3549 L
6. b ue Or
7. Fire Relief Association By-laws Amendment
8. Approve Special Event Permit - Go Commando Adventure Race/Team Ortho Foundation at
Green Acres Recreation
9. Approve Temporary Liquor License - Team Ortho Foundation
Council Member Smith pulled consent items 5 & 6 in order to discuss items.
MOTION: Council Member Smith moved TO APPROVE ITEMS 3, 4, 7, 8, AND 9 ON THE CONSENT
AGENDA. Council Member Nelson seconded the motion, MOTION PASSED 4-0.
ITEM 5, CHRIST LUTHERAN CHURCH MINOR SUBDIVISION - 3549 LAKE PIM° AVENUE,
RESOLUTION 2013-46 (nulled from Consent)
Council Member Nelson recounted how the council passed the previous variance, but the building
has not been sold. Going forward, he recommends that the Council take a closer look at those items.
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LAKE ELMO CITY COUNCIL MINUTES
June 04, 2013
The past actions by the council, planning commission and staff were discussed.
Council Member Smith expressed her continuing discomfort with the situation. She would prefer
that the item be send back to staff for further consideration.
Planning Director Klatt explained that the variance was approved and it would now be
inappropriate to deny the subdivision at this point. The application meets the City criteria. If the
Council wants to go back and look at the variance, it can, but that is a separate issue. City Attorney
Snyder stated that the City can look at additional conditions if Council desires.
The possible options for further consideration were discussed. Mr. Klatt noted that if the conditions
for the variance were not met within a year, the variance expires and the applicants would have to
start over. This would be a safeguard. The variance requires the granting of easement in the year
tirneframe. This granting would only come about with a sale to a third party. Mr. Snyder explained
that it would be the council's discretion over whether the language used would be sufficient.
lim Kelly from the church spoke about the church's efforts in selling the property in order to
comply with variance terms. Some potential buyers and consultants have stated that the parking is
adequate. He said it has been difficult to sell the property, but that splitting the lot would help sell
the property.
Mayor Pearson believes the benefits outweigh the risks. Mr. Klatt said the sewer may split the lots
regardless.
MOTION: Mayor Pearson moved TO ADOPT RESOLUTION NO, 2013-46 APPROVING A MINOR
SUBDIVISION TO ALLOW THE DIVISION OF A PARCEL AT 3549 LAKE ELMO AVENUE INTO TWO
LOTS. Council Member Bloyer seconded the motion. MOTION PASSED 3-1 (SMITH NAY)
ITEM 6: LIOUOR LICENSE CODE AMENDMENT: ORDINANCE 08-081 (pulled from Consent)
Council Member Smith recalled that she was the sole vote against Village Wine being approved
where it was. She asked why council approved another liquor establishment there when it wasn't
allowed- as it has done with all the other downtown licenses that should not be there. She
expressed her frustration that the City has not complied with its own code.
MOTION: Council Member Smith moved TO APPROVE ORDINANCE 08-081, AMENDING THE LAKE
ELMO ALCOHOLIC BEVERAGES CODE AS PRESENTED. Council Member Nelson seconded the motion.
MOTION PASSED 4-0
REGULAR AGENDA
ITEM 10: MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT - ANNUAL PUBLIC
MEETING AND ACCEPT THE 2012 MS4 ANNUAL REPORT
Assistant City Engineer Stempski presented the municipal storm water permit overview. The City is
required by law to obtain this permit. This meeting constitutes the required annual public meeting.
Next step is to submit the annual report to the Minnesota Pollution Control Agency. He provided an
overview of the implementation of City's SWP PP in 2012.
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LAKE ELMO CITY COUNCIL MINUTES
June 04, 2013
Minimum control measures: #1/#2 - public education , outreach , involvement & participation; #3-
illicit discharge detection and elimination; construction site storm water controls; #5 - post -
construction storm water management for development and redevelopment; #6 - pollution
prevention/good housekeeping for municipal operations.
City Engineer Griffin gave update of the MS4 general permit status. It has been passed by MPCA, so
City has 150 days to rewrite the 5 year SWPPP. It is due December 29, 1013. New SWPPP will have
additional conditions. Mr. Griffin explained the new mandates from the state. Council Member
Bloyer asked about which taxes pay for this program. Mr. Griffin said that it is state mandated
without any funding. The league has been fighting to lessen the burden on cities. Water capturing
was also discussed.
Dave Moore, 8680 Stillwater Blvd., asked about situation of runoff from adjoining communities and
its impact, such as Oakdale. Mr. Moore complained about Target and McDonalds contribution to the
local runoff. Mr. Griffin stated that the volume should be the same and that Oakdale and Valley
Branch Watershed would have reviewed the impact. Mr. Moore's issue is the quality of the water
not the volume.
Mayor Pearson asked what the cost would be of not doing the permit. Mr. Griffin said the cost
would be whatever fight the City would end up in and the possible inability to develop. He said he
would look into Mr, Moore's concerns.
MOTION: Mayor Pearson moved TO ACCEPT THE MUNICIPAL SEPARATE STORM SEWER SYSTEM
(MS4) ANNUAL REPORT FOR 2012, AND AUTHORIZE STAFF TO SUBMIT THIS REPORT TO THE
MPCA BY JUNE 30, 2013, Council Member Nelson seconded the motion. MOTION PASSED 4-0,
ITEM 11: ZONING TEXT AMENDMENT - SIGN ORDINANCE UPDATE: ORDINANCE 08-082.
RESOLUTION 2013-47
Planning Director Klatt explained the proposed amendment. New code language consists of mostly
restructuring the subject matter. Major clean up of current code. Planning Commission has
approved the code. Easier to administer by staff. New ordinance is actually more permissive. It is
more practical and not arbitrary. Model was based on Middleton, WI sign code.
Mr. Klatt noted Mr. Bergmann's letter regarding his concerns. Two-sided signs only apply if more
than a foot (12 inches) thick.
Council Member Bloyer asked about political signs and real estate advertising. First amendment
issues and whether this proposal has been vetted for constitutionality were discussed.
Council Member Smith asked if there should be various sign districts. Her belief is that 194 should
be different than the Village. The differing areas and flexibility was discussed. Adding a Village
district language could be added later. The planning commission suggested that being added.
Mr. Bloyer asked about requirement of written consent of the owner for sign perinits. It has been
the typical practice of the city.
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LAKE ELMO CITY COUNCIL MINUTES
June 04, 2013
Whether council should go through proposal line by line or refer it to a workshop was discussed. It
was decided that the item be discussed at the workshop.
MOTION: Council Member Nelson moved TO POSTPONE SIGN ORDINANCE UNTIL WORKSHOP
DISCUSSION AND BRING BACK TO COUNCIL Council Member Smith seconded the motion. MOTION
PASSED 4-0.
ITEM 12: ZONING TEXT AMENDMENT - FENCE ORDINANCE: ORDINANCE 08-083
Planning Director Klatt explained the proposed ordinance. It is a great simplification over current
code. He noted light/air provisions. Intention is to be readable and enforceable. Planning
commission recommended approval.
Council Member Bloyer asked about 1 ft property line restriction. Council Member Smith also had
this concern. Mr, Klatt explained the reasoning for the recommendation. The purpose is to ensure
that the fence is on the owner's property. Ms. Smith expressed her concerns with the proposed
ordinance, especially allowing a 6 ft solid wall fence in small yards.
Mr. Klatt pointed out that any vote will require a 4/5 majority to pass.
Mr. Bloyer also asked about ternporary snow fence moving to earlier in year so not to conflict with
frozen ground,
MOTION: Council Member Smith TO POSTPONE SIGN ORDINANCE UNTIL WORKSHOP DISCUSSION
AND BRING BACK TO COUNCIL, Council Member Nelson seconded the motion. MOTION PASSED 4-0,
ITEM 13: REVIEW OF 2013 LAKE ELMO PARK SURVEY,
City Administrator Zuleger explained the history of the park survey and reported its status. Mr.
Zuleger acknowledged Alyssa MacLeod's hard work. Mr. Zuleger reported that the staff work has
saved about $14,000.
Discussion about questions #23 and #24. Council likes the open question.
Council Member Smith concerned #7 as no option for water features; #9 concerned about lack of
option of waterskiing; #10 "Lake Elmo Nature Preserve". The Parks Commission changing the name
was discussed; #23-24 should they be on the survey? Wants the name of "Sunfish Lake Park"
changed back.
Mayor Pearson #12/13 wants family language added. He is good with #23-24 as it is.
Discussion took place about what to call "Sunfish Lake "Park". Ms. Smith has concerns that the uses
she had fought for, specifically the five acres, will not be allowed with name change. She wants to
make sure the park gets used as intended.
Council Member Bloyer does not have a problem with lake issues being discussed, but he does not
want the issue to continue to draw angst among neighbors.
Page 5 of 8
LAKE ELMO CITY COUNCIL MINUTES
June 04, 2013
Ms. Smith asked that question #30 be changed back to "Sunfish Lake Park."
MOTION: Council Member Bloyer moved TO ADOPT THE 2013 CITY OF LAKE ELMO PARK SURVEY
AND THE MAILING OF SAME, SAVING ROUGHLY $10,000. Council Member Nelson seconded the
motion. MOTION PASSED 4-0.
ITEM 14: CONVERSION OF ROAD RIGHT OF WAY TO UTILITY EASEMENT ON LEGION AVENUE
NORTH IKUPFERSCHMIDT/TOFT1
Planning Director Klatt gave history of the right of way and previous vacation request. A public
hearing is required. He gave overview of the new request. He said the planned future sanitary
sewer will eventually replace the 201 system currently in place. It was noted that the two property
owners in questions were in attendance. Mr. Klatt explained that the previous plat would not meet
the current plat requirements. If the vacation is granted, a survey will be required.
Council Member Bloyer asked why the City would want to deny the vacation. Mr. Klatt stated
because the City does not know what will happen, it needs to be considered.
Al Kupferschmidt showed a map of the gate that PW uses to access the drainage ditch. He
expressed his frustrations with using his property.
Mr. Bloyer asked if Mr. Kupferschmidt had any issues with the stipulations. He responded that he
does not. He did say he has already spent $1,000. Trying to do all he can. Council Member Smith
stated she was opposed to residents paying for the surveys. It should be borne by the city.
Rod Toft 11350 12st N, expressed his concern about the setbacks. Mr. Klatt explained why it was at
where it was. Mr. Toft wants all his property back that he originally purchased.
City Attorney Snyder noted that there are many unopened ROWs all over city and county. Different
circumstances can explain why decisions were made, Decisions may have made sense at time. A
change of circumstances does not mean a failure of council at the time, just because it now doesn't
make sense presently. Current council must protect those considerations in deciding to vacate.
Questions is if there will be a public use. Situation is common.
Current and future infrastructure implications on the property was discussed. City Engineer Griffin
explained the difference between the ROW and Easement, mainly setbacks.
Discussion of whether property can revert back to owners after. Mr. Snyder stated he would like to
look into the possibility of reversion further. He would want to discuss with the property owner
and engineering. Council Member Nelson stated he would like to do everything at once- vacate
ROW and grant reversion to owner. Mr. Klatt stated that staff would need to further investigate
because there may be issues or development needs involved.
MOTION: Council Member Nelson moved TO REQUEST THAT THE AFFECTED PROPERTY OWNERS
PROVIDE THE CITY WITH: 1) A SURVEY DOCUMENTING THE EXISTENCE AND LOCATION OF ALL
PUBLIC INFRASTRUCTURE WITHIN THE RIGHT-OF-WAY ADJACENT TO LOT 9, BLOCK 2 AND LOT
10, BLOCK 1 OF THE MYRON ELLMAN SUBDIVISION; AND 2) UTILITY, DRAINAGE, ACCESS, OR
Page 6 of 8
LAKE ELMO CITY COUNCIL MINUTES
June 04, 2013
OTHER EASEMENTS DEEMED NECESSARY BY THE CITY ENGINEER IN THE ABSENCE OF A
PLATTED RIGHT-OF-WAY, PRIOR TO THE CITY MOVING FORWARD WITH A PUBLIC HEARING TO
CONSIDER THE VACATION REQUEST, AND FURTHER DIRECTING STAFF TO EXPLORE OPTIONS
OF REVERSION OF PROPERTY EASEMENT TO OWNERS, SUBJECT TO STAFF REVIEW, AND STAFF
IS DIRECTED AND AUTHORIZED TO COME BACK TO COUNCIL WITH ANY QUESTIONS FOR
FURTHER DIRECTION. Council Member Smith seconded the motion. MOTION PASSED 4-0.
SUMMARY REPORTS AND ANNOUNCEMENTS
Mayor Pearson reported no report.
Council Member Bloyer no report.
Council Member Smith reported reading letter from John Schiltz. It is refreshing. Thanked him for
his comments. Ms. Smith read the letter into the record; thanked Alyssa for write-up on her
husband in the recent issue of Fresh for his coaching.
Council Member Nelson seconded Anne's comments on the Schiltz letter.
Council Member Park was not present.
City Administrator Zuleger reported working on drainage report with Mr. Griffin; Fleet
replacement plan; refining the CIP; appraisal on two buildings ordered. Keats/Rotary entry Sign;
MnDOT roundabout clean up; Speed trailer up; upcoming workshop will be on 4 issues.
City Attorney Snyder reported administrative matter with staff; acquisition of south of 10th
property easements; working 9447 Stillwater blvd. is in code enforcement litigation. Property
owner brought an unlawful detainer against tenant. Tenant has moved out. Dumpsters are being
filled. Issues are being resolved.
Planning Director Klatt reported planning staff working with MAC. Re: airport zoning. Working
with MnDOT aeronautics on adopting ordinance that allows development; Lennar EAW comment
period ended. Eight comments back from agencies. No individuals. Will be reviewed by staff. Will
bring back to council in near future. Engaged with meeting with land owners regarding
development; Commission will be looking at zoning code; receiving many variance requests; Comp
Plan will be sent to Met Council for review.
City Engineer Griffin reported Keats Ave project has been problem free and progressing;
contractor back out finishing 2012 street improvement projects; meeting with SRF for preliminary
layouts for Hwy 36 project.
Finance Director Bendel reported enhancing CIP reports in preparation for the 5/28 workshop;
dealing with some auditor transition issues.
City Clerk Bell working on data requests, performing legal and property research on public land.
Meeting adjourned at 9:56 P.M. LAKE ELMO CITY COUNCIL
ATTEST:
Page 7 of 8
Mike Pearson, Mayor
Adam R. Bell, City Clerk
LAKE ELMO CITY COUNCIL MINUTES
June 04, 2013
Page 8 of 8
Youth Service Bureau, Inc.
Services Provided - Lake Elmo
2011 2012
REFERRAL TYPE: Referrals % Referrals %
. .
Wash Cty Corrections 27 27.8`)/o 33 21.7/0
Wash Cty Social Services 1 1.0% 3 2.0%
Wisconsin Municipal Courts 0 0.0% 1 0.7°A
Police Departments
Maplewood PD 3 3.1°A 2 1.3%
Oakdale PD 1 1.0% 0
Stillwater PD 3 3,1°A) 6
Wash Cty Sherriff 6 6.2% 9 5.9%
Woodbury PD 0 0.0% 8 5.3%
Parent/Family/Guardian 3 3.1°A 5 3.3°70
Youth Self -Referred 17 17,5% 22 14.5%
School Staff 33 34.0% 58 38.2%
Medical/Human Service Organization 3 3.1% 5 3.3%
TOTAL 97. 152
SERVICES PROVIDED # Services Cost # Services Cost
Awareness Classes
Bullying Awareness New in 2012 1 $138
Chemical Awareness 10 $1,125 10 $1,375
Fire Awareness 0 $0 3 $330
Peaceful Alternatives to Conflict 4 $450 4 $550
Tobacco Awareness 0 $0 3 $158
Theft Awareness 6 $660 10 $1 ,375
General Assessment 22 $2,970 27 $4,455
Community Work Service 21 $1,418 24 $1,980
Restorative Justice 5 $1,350 3 $990
Teen Intervene 0 $0 1 $550
Counseling 11 $6,750 16 $11,880
Chemical Health Support 37 $14,800 45 $18,000
YCAPP (Suspension Alternative). 12 $3,600 35 $10,500
START (Anger Mangement) N/A NIA
Girl Talk N/A NIA
Camp (Scholarships) N/A N/A
TOTAL 128 $33.123 182 $52,143
Note: Data set is all youth under the purview of the jurisdiction, including residents, those attending
school within the jurisdiction's boundaries and those cited within the jurisdiction.
N/A refers to services not currently available in this jurisdiction
5/29/13
Youth Service Bureau, Inc.
Better Choices, Brighter Futures
Youth Service Bureau (YSB) is a community based nonprofit agency committed
to helping youth and families learn the skills they need to be more successful at
home, in school and throughout the community.
At YSB, we address a wide range of concerns and provide services that are
respectful, affordable and accessible to all clients. We believe that youth and
families should not be denied quality mental health services based on income or
lack of insurance and provide the same quality of service to all youth and
families.
Thanks to a shared commitment with area United Ways, local communities,
Washington County and other supporters a sliding fee scale available for all
services. Community partnerships have been an important part of our success
over the years and continue to be a significant and much needed source of
funding.
In 2013, we expect over 2,000 youth and families to participate in our programs.
Many of these youth and families are referred to YSB by law enforcement, their
school, the court and court services staff, and other community agencies.
Our goals are to help youth ages 5-18 take responsibility for their actions,
develop the skills they need to better handle challenging situations, make
amends to those injured by their actions and give back to their community.
To achieve these goals, we continue to use a variety of prevention and early
intervention programs including youth focused family counseling, community
justice and school -based programs.
Programs
Counseling Services
YSB's youth -focused family counseling services are intended to help youth who
are just beginning to struggle with challenges in their lives. Parents or caregivers
are involved in counseling sessions and receive support and encouragement
along the way.
Our therapy staff are all fully licensed mental health professionals with a Master's
level education with specialized training in working with children, youth and
families.
General Assessment (GA)
During a GA the client, parent(s), and YSB staff participate in a meeting to
determine appropriate services that fit a particular situation. A diversion plan is
designed that may include community work service, awareness classes,
individual/family counseling, AODA assessment/counseling, 90-day no -use
contract, apology letters, etc.
Peaceful Alternatives to Conflict (PAC)
PAC is a two -session program intended to provide a consequence and resource
for youth who have assaulted or threatened assault with their peers, family
members or others. This educational opportunity helps youth understand reasons
for their behavior, consequences for their actions and acceptable alternatives to
resolving conflicts. Parents are required to attend the first session with their
child.
Restorative Justice Conferencing
Supported in part by Washington County Court Services, restorative justice
conferencing is a new way to look at crime that emphasizes the ways in which
crime damages relationships between people. Crime harms victims, communities
and offenders. Through conferencing, this approach brings together those
responsible for, and those affected by, crime to repair harm caused by the crime.
This gives victims a larger role than in the traditional system and allows offenders
to take responsibility for their actions and make amends to their victims. For
several years we have been incorporating this philosophy in the delivery of our
traditional services and the design of new interventions.
Teen Intervene
Teen Intervene is an evidence -based harm -reduction model developed through
Hazelden. The program seeks to help adolescents reduce their use of chemicals
with the ultimate goal of cessation. This service is available to youth who are
determined to be a good fit after a screening process.
Theft Awareness Program (TAP)
TAP is a diversion alternative that addresses minor theft behavior. Generally the
arresting officer, bypassing the court process, refers youth. Parents are required
to attend this three-hour program with their child.
Tobacco Awareness Class (TAC)
TAC provides a consequence for young people who are engaging in the illegal
use of tobacco products. The program provides information regarding the health
and legal consequences of tobacco use and diverts the youth from formal legal
consequences.
Combining follow-up data for all youth who participate in the behavior specific
programs (i.e., BAP, CAP, CSP, FAP, PAC, TAC, and TAP), we consistently find
Helping youth and famines learn the skills they need to be more
successful at home, in school and throughout the community.
t 0 At YSB we help youth who are just beginning to struggle
with challenges in their lives and give parents and
caregivers support and encouragement along the way.
Our programs focus on early intervention. Youth and families may participate in counseling, chemical
health, awareness and community work service programs. We also offer a girl -to -girl mentorship
program in the Woodbury area and an alternative to suspension program in Stillwater Area Schools,
t
When youth understand the impact of their actions they
often make better choices in the future.
Youth and families who attend our programs learn more about the underlying reasons for their
behavior and how to make better decisions, solve problems, manage their anger and communicate
better with each other and others.
As a result, youth stay in school and out of court, improve school performance and health outcomes,
and know how to reach out for help when they need it. And parents get the support they need too.
We're effective and we have the data to prove it!
e're in your ne
Cottage Grove
7064 West Point Douglas Road
Cottage Grove, MN 55016
651-458-5224
0
Stillwater
101 West Pine Street
Stillwater, MN 55082
651-439-8800
hood.
Woodbury
1976 Wooddale Drive
Woodbury, MN 55125
651-735-9534
ce YSB Introduces a Bullying Awareness Program
g lives
YSB knows kids! And, we know that when youth understand the impact of their actions
they often make better choices in the future.
That's why we're excited to announce the Bullying Awareness Program — the latest
addition to our well-known awareness classes.
What is the Bullying Awareness Program?
This one -evening class is designed to be an early intervention for youth who show signs
of bullying behavior.
By raising awareness about bullying, this program will:
• Define bullying behaviors
• Explain why bullying occurs
Outline the impact bullying has on both the youth and others
Provide ways to handle pressures
• Offer practical information to support parents
Who should attend?
Youth who show signs of bullying behavior will attend with their parent or guardian. This
class is not for those who are being bullied unless they are bullying too.
How much does it cost to attend?
The class fee is $55.
Learn more!
To learn more, call your local YSB Community Justice Coordinator today!
Jennifer Rockhill
Cottage Grove
7064 W. Pt. Douglas Rd.
Cottage Grove, MN 55016
651-458-5224
Vanessa Schulte
Woodbury
1976 Wooddale Dr.
Woodbury, MN 55125
651-735-9534
Amber Marko
Better Choices... Brighter Futures
Early Intervention Programs
Stillwater
101 W. Pine St.
Stillwater. MN 55082
651-439-8800
LAKE ELMO
MAYOR AND COUNCIL COMMUNICATION
DATE:
CONSENT
ITEM #:
AGENDA ITEM: Approve Disbursements in the Amount of $191,957.94
SUBMITTED BY: Cathy Bendel, Finance Director
REVIEWED BY: Dean Zuleger, City Administrator
6/18/2013
4
SUMMARY AND ACTION REQUESTED; As part of its Consent Agenda, the City Council
is asked to approve disbursements in the amount of $191,957.94. No specific motion is needed,
as this is recommended to be part of the overall approval of the Consent Agenda.
BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and
responsibility to conduct normal business operation. Below is a summary of current claims to be
disbursed and paid in accordance with State law and City policies and procedures.
Claim # Amount Description
ACH $ 11.394.34 PayroliTaxes to IRS & MN Dept of Revenue 6/13/13
ACH $ 5,518.74 Payroll Retirement to PERA 6/13/13
DD4669— DD4714 $ 33,868.89 Payroll Dated (Direct Deposits) 6/13/13
1988-2003 $ 960.00 Library Card Reimbursements 6/18/13
39963-40016 $ 140,215.97 Accounts Payable 6/18/13
TOTAL $ 191,957.94
STAFF REPORT: City staff has complied and reviewed the attached set of claims. All appears
to be in order and consistent with City budgetary and fiscal policies and Council direction.
RECOMMENDATION: It is recommended that the City Council approve as part of the
Consent Agenda proposed disbursements in the amount of 8191,957.94
Alternatively, the City Council does have the authority to remove this item from the Consent
Agenda or a particular claim from this item and further discuss and deliberate prior to taking
action. If done so, the appropriate action of the Council following such discussion would be:
"Move to approve the June 18, 2013, Disbursements as
Presented [and nunqiedj herein."
ATTACHMENTS:
. Accounts Payable Dated 6/18/2013
SUGGESTED ORDER OF BUSINESS (if Tqapoved front the Consent A,genda);
Questions from Council to Staff Mayor Facilitates
Call for Motion Mayor & City Council
Discussion ..... ........... ...... Mayor & City Council
Action on Motion Mayor Facilitates
2
Accounts Payable
To Be Paid Proof List
User: den ise
Printed: 06/13/2013 - 12:10 PM
Batch: 015-06-2013
Invoice # Inv Date
ADVANCED Advanced Eng & Environ Svs Inc
34285 05/17/2013 12,349,50 0.00 06/18/2013 Production Well #4 No 0000
Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine #
601-494-9400-43030 Engineering Services
34285 Total: 12.349,50
ADVANCED Total: 12,349.50
ALEXA IR Alex Air Apparatus, Inc
23835-23839 05/30/2013 625.00 0.00 06/18/2013 Annual Inspect of Breath Air No 0000
101-420-2220-44040 RepairsiMaint Eqpt Compressor
23835-23839 05/30/2013 623.91 0.00 06/18/2013 Replacement straps for SCBA Masks No 0000
101-420-2220-44040 Repairs/Maint Eqpt
23835-23839 Total: 1,248.91
ALEXAIR Total: 1,248.91
AMERICAN American Eng and Testing, Inc.
58177 04/30/2013 6.500,00 0.00 06/18/2013 Infrastructure Impr 1-94 to 30th Street No 0000
409-480-8000-43030 Engineering Services
58177 Iota!: 6,500.00
AMERICAN Total: 6.500.00
ARAM Aramark, Inc.
629-7745158 06/12/2013 10.36 0.00 06/18/2013 City Hall- Floor Mats & Linen Services No 0000
1(11-410-1940-44010 Repairs/Maint Contractual Bldg
629-7745158 Total: 10.36
ARAM Total: 10.36
BENSONRO Benson Rooting 7 Restoration
06/12/2013 06/12/2013 5,000.00 0.00 06/18/2013 Refund of Escrow 12362 Marquess No 0000
803-000-0000-22900 Deposits Payable Way#8577
06/12/2013 Total: 5,000.00
Al - To Be Paid F'roof List (06/13/ 13 - 12:10 PM)
Page 1
Invoice tt Inv Date
B ENS ON RO Total:
Amount Quantity Pint Date Description Reference Task Type PO # Close POLine #
BIFFS Bas Inc.
0407901 05/29/2013
101-450-5200-44120 Rentals - Buildings
0407901 Total:
BlITS Total:
BOLTONME Bolton & Menk, Inc
0156562 05/20/2013
203-490-9070-43030 Engineering Services
0156562 05/20/2013
203-490-9070-43030 Engineering Services
0156562 Total:
BOLIONME Total:
BRAUN Braun Intertec Corporation
369172 05/29/2013
409-480-8000-43030 Engineering Services
369172 05/29/2013
601-494-9400-43030 Engineering Services
369172 Total:
BRAUN Total:
BURBBLAC Burberl Black Dirt, Inc.
14815 05/06/2013
101-430-3125-42250 Landscaping Materials
14815 Total:
BURI3BLAC Total:
C A C Companion Animal Control, EEC
5 06/01/2013
101-420-2700-43150 Contract Services
5 06/01/2013
101-420-2700-4316(1 Impounding
5 Total:
CA (' Total:
AP - To Be Paid Proof List (06/13/13 - 12:10 PM)
5,000.00
1,216.17 0.00 06/18/2013 Portable Restrooms for 10 City Parks
1,216.17
1,216,17
13,043.00 0.00 06/18/2013 Feasibility Report Section 34 Lennar
6,490.00 0.00 06/18/2013 Plans & Specifications Section 34
Lennar
19,533.00
19,533.00
943.21 0.00 06/18/2013 Keats MSA Street
711.54 0.00 06/18/2013 Keats Trunk Watermain
1,654.75
1.654.75
64.13 0.00 06/18/2013 5 Yards of Black Dirt- May 2(113
64.13
64.13
500.00 0.00 06/18/2013 Animal Control Services - May
210.00 0.00 06/18/2013 Dog -Cat Pick Up/Impoundment - May
710.00
710.00
No
No
No
No
No
No
No
No
0000
0000
0000
0000
0000
0000
0000
0000
Page 2
Invoice # Inv Date
CARDMEMB Cardrnember Service
5/22/2013 05/22/2013
101-410-1320-44300 Miscellaneous
5/22/2013 05/22/2013
101-410-1320-44300 Miscellaneous
5/22/2013 05/22/2013
204-450-5200-44300 Miscellaneous
5/27/2013 (15/22/2(113
409-480-8000-43030 Engineering Services
5/22/2013 05/22/2013
601-494-9400-43030 Engineering Services
5/22/2013 05/22/2013
101-410-1450-42000 Office Supplies
5/22/2013 05/22/2013
101-410-1910-44370 Conferences & Training
5/22/2013 05/22/2013
101-410-1910-44350 Books
5/22/2013 05/22/2013
101-410-1910-44370 Conferences & Training
5/22/2013 05/22/2013
101-410-1910-44350 Books
5/22/2013 05/22/2013
101-410-1910-44370 Conferences & Training
5/22/2013 05/22/2013
601-494-9400-44030 Repairs\Maint Imp Not Bldgs
5/22/2013 05/22/2013
101-450-5200-44030 Repairs/Maint Intp Not Bldgs
5/22/2013 05/22/2013
101-450-5200-44030 Repairs/Maint Imp Nol Bldgs
5/22/2013 05/22/2013
101-430-3120-42240 Street Maintenance Materials
5/22/2013 05/22/2013
101-450-5200-44030 Repairs/Maint Imp Not Bldgs
5/22/2013 Total:
CARDMEMB Total:
CENCOLLE Century College
504176 06/05/2013
101-420-2220-44370 Conferences & Training
504126 Total:
CENCOLLE Total:
AP - To Be Paid Proof List (06/13/13 - 12:10 PM)
Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine #
115.79 0.00 06/18/2013 Misc Meals 4/24-4/25 & 5/1 D Zuleger
145,00 0.00 06/18/2013 Annual Mbrship -Intl hist of Muni CIk
163.90 0.00 06/18/2013
228.00 0.00 06/18/2013
172.00 0.00 06/18/2013
61.48 0.00 06/18/2013
95.00 0,00 06/18/2013
71,99 0.00 06/18/2013
185.00 0.00 06/18/2013
108.33 0.00 06/18/2013
69.00 0.00 06/18/2013
135.18 0.00 06/18/2013
173.95 0.00 06/18/2013
209.70 0.00 06/18/2013
658.21 0.00 06/18/2013
DollarTree -Baskets & Supplies LE
Days
*MPCA NPDES Permits Keats MSA
Si 57%
*MPCA NPDES Permits Keats Irk Wt
43%
VISTAprint-Business Cards
IRC&Reference Standards Event Fee -
Chase
International Building Code Book -
Chase
NCS Pearson Prof Fire Inspector 11-
Chase
2006 Intl Fuel Code & Mech Cd -
Chase
BM I Online Training - R Chase
Hydraulic Kit- Order 3685716 - VISA
Drinking Fountain Repair Parts - VISA
Swing Set Seats - VISA
Dural'atch Rock - VISA
73.07 0.00 06/18/2013 Mower Deck Paint - VISA
2.665.60
2,665.60
960.00 0.00 06/18/2013 Fire Apparatus Oper x 2 L
Cornell/Ziemer
960.00
960,00
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No
0000
Page 3
Invoice # Inv Date
COMCAST Comcast
05272013 05/27/2013
101-420-2220-44300 Miscellaneous
05272013 Total:
COMCAST Total:
CTY1-34.0010 City of Bloomington
May - 13 06/03/2013
601-494-9400-42270 Utility System Maintenance
May - 13 Total:
C1'Y131.00M Total:
CIYOAKDA City of Oakdale
043013-06(13 13 05/3 1 /20 13
60 1-494-9400-43820 Water Utility
043013-060313 Total:
CTYOAKDA Total:
Amount Quantity Pm( Date Description Reference Task Type PO # Close POLine #
7.92 0.00 06/18/2013 Monthly Service - Fire Department
7.92
7.92
84.00 0.00 06/18/2013 Lab Bacteria Testing - May 2013
84.00
84.00
7,883.05
7.883.05
7.883.05
CTYROSEV City of Roseville
217484 (16/04/2013 1,652.08
101-410-1450-43 180 Information Technology/Web
217484 06/04/2013 337.06
101-410-1320-432 I() Telephone
217484 06/04/2013 45.06
101-420-2400-43210 Telephone
217484 06/04/2013 51.18
101-410-1450-43210 Telephone
2 17484 06/04/2013 45,06
101-410-1930-43210 Telephone
217484 06/04/2013 90.12
101-410-1520-43210 Telephone
217484 06/04/2013 132.08
101-410-1910-43210 Telephone
217484 06/04/2013 36 1.53
101-430-3100-43210 Telephone
217484 Total: 2.714.17
CTY ROSEN Total: 2,714.17
ENVENTIS ventis
Acct 738507 06/01/2013
101-410-1940-43210 Telephone
Acct 738507 Total:
AP - To Be Paid Proof List ((>6/13/13 - 12: I () PM)
0.00 06/18/2013 Water Service 1-94
0.00 06/18/2(113 Monthly IT Services Billing June 2013
0.00 06/18/2013 Monthly Telephone -Administration
0.00 06/18/2013 Monthly Telephone - Building
Inspection
0.00 06/18/2013 Monthly Telephone - Communication
0.00 06/18/2013 Monthly Telephone - Engineering
0.00 06/18/2013 Monthly Telephone - Finance
0.00 06/18/2013 Monthly Telephone - Planning
0.00 06/18/2013 Monthly Telephone - Public Works
53.85 0.00 06/18/2013 Telephone/Data Service -City Hall June
53.85
No
No
No
0000
0000
0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No
0000
Page 4
Invoice #
Inv Date
ENVENT1S Total:
tiusi3RoT Huts Bros Trucking, Inc
CIT 52813 05/28/2013
101-430-3120-42240 Street Maintenance Materials
CIT 52813 Total:
HULSBROT Total:
JOHNSO Johnson Kevin
Cable Operator 06/11/2013
101-410-1450-43620 Cable Operations
Cab[e Operator Total:
JOHNSO Total:
JOHNSON& Johnson & Turner Attorneys
28962-275 - 280 05/01/2013
101-410-1320-43040 Legal Services
28962-275 - 280 05/01/2013
101-420-2150-43045 Attorney Criminal
28962-275 - 280 05/01/2013
101-410-1320-43040 Legal Services
28962-275 - 280 05/01/2013
601-494-9400-43040 Legal Services
28962-275 - 280 Total:
JOHNSON& Total:
KAMCO Kamco, Corp
3369 06/07/20 13
101-450-5200-44030 Repairs/Main( Imp Not Bldgs
3369 Total:
KAMCO Total:
LARSON Larson Diesel Service, Corp
130524008 05/24/2013
I 01-430-3 120-44040 Repairs/Maint Uqpt
130524008 Total:
LARSON Total:
AP - To Be Paid Proof List (06/13/13 - 12:10 PM)
Amount Quantity Pmt Date Description
53.85
313.83
313.83
313,83
55.00
55.00
55.00
6,082.50
4,250.00
1,358.50
266.50
11,957.50
11,957.50
1,100.00
1,100.00
1,100.00
288,23
288.23
288.23
Reference
0.00 06/18/2013 Road Rock (dura patch) Trucking
Task Type PO # Close POLine #
0.00 06/18/2013 Cahle. Operations 6/10/13 PZ Meeting -
4hr
0.00 06/18/2013
0.00 06/18/2013
0.00 06/18/2013
0.00 06/18/2013
Legal Services
27
Legal Services -
Legal Services -
280
Legal Services -
- Civil lnv 29275-277-
Prosecution Inv 28962
Detachment Petition
3M Inv 29279
0.00 06/18/2013 Three large Tree & Stumps removal
0.00 06/18./2013 Brake Repairs 98-2 Dump Plow Truck
No
No
No
No
No
No
No
0000
0000
0000
0000
0000
0000
0000
0000
Page 5
Invoice # Inv Date
LEAGNIN League of MN Cities
182768 05/01/2013
101-410-1450-44370 Conferences & Training
182768 05/01/2013
101-410-1320-44370 Conferences & Training
182768 Total:
LEAGMN Total:
LIFOIL Lake Elmo Oil, Inc.
05-31-2013 05/31/2013
101-420-2220-42120 Fuel, Oil and Fluids
05-31-2013 Total:
EE011. Total:
Lillie Newspapers Inc. Lillie Suburban
007148 05/31/2013
101-410-1320-43510 Legal Publishing
007148 05/31/2013
101-410-1320-43510 Legal Publishing
007148 05/31/2013
101-410-1450-43510 Public Notices
007148 Total:
Lillie Total:
LINNER Linnet: Electric Company, Inc.
23034 05/28/2013
101-430-31 20-43 150 Contract Services
23034 Total:
LIMNER Total:
LOFT Lorna Companies, Inc,
1577135 06/03/2.013
101-410-1940-44040 Rcpairs/Maint Contractual Eqpt
1577135 Total:
LOFF Total:
MARONEYS Maroney's Sanitation, Inc
481414 06/05/2013
101-410-1940-4384(1 Refuse
481414 06/05/2013
101-420-2220-43840 Refuse
AP - To Be Paid Proof List (06/13/13 - 12:10 PM)
Amount Quantity Pint Date Description Reference Task Type PO # Close POLine #
99.00
99.00
198.00
198.00
0.00 06/18/2013 2013 Annual Conference - A MacLeod
0.00 06/18/2013 2013 Annual Conference - 13 Gutnatz
153.50 0,00 06/18/2013 Fuel - Fire Department May 2013
153.50
153.50
66.00 0.00 06/18/2013 5/29 Ordinance 408-075
15,40 0.00 06/18/2013 5/29 Ordinance #08-076
33.00 0.00 06/18/2013 5/8 Notice - Massage 'therapy
114.40
114.40
366.30 0,00 06/18/2013 Outlet Installation PW Garage dura
patch
366.30
366.30
504.39 0.00 06/18/2013 Copy Machnes Overage & Base 6/10-
7/9
504.39
504.39
108.32 0.00 06/18/2013 Waste Removal - City Hall
47.68 0.00 06/18/2013 Waste Removal - Fire
No
No
No
No
No
No
No
No
No
No
0000
0000
0000
0000
0000
0000
0000
0000
0000
0000
Page 6
Invoice # Inv Date
Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine #
481414 06/05/2013 207.82 (1.00 (16/18/2013 Waste Removal - Public Works No 0000
101-430-3100-43840 Refuse
481414 06/05/2013 207,82 0.00 06/18/2013 Waste Removal - Parks No 0000
101-450-5200-43840 Refuse
481414 06/05/2013 48,12 0.00 06/18/2013 Waste Removal - Library No 0000
206-450-5300-43840 Refuse
-181414 Total: 619.76
MARONEYS Total: 619.76
MARVS Nlarv's Professsional Tools
261214 05/30/2013
101-430-3100-42400 Small Tools & Minor Equipment
261214 Total:
MARVS Total:
MENARDSO Menards - Oakdale
19318 06/05/2013
601-194-9400-44030 Repairs\Maint Imp Not Bldgs
19318 Total:
MENARDSO Total:
METCOU Metropolitan Council
1019020 06/05/2013
602-495-9450-43820 Sewer Utility - Met Council
1019020 'Total:
METCOU Total:
21.07 (1.00 06/18/2013 Tools - Worn Handle, Impact Oil
21.07
21,07
108.99 0,00 06/18/2013 Misc Pipe Fittings
108.99
108.99
No 0000
No 0000
1,484.55 0.00 06/18/2013 Monthly. Wastewater Service- July No 0000
1,484.55
1,484.55
MILLEREX Miller Excavating, Inc.
17061 05/31/2013 315.00 0.00 06/18/2013 Grading Gravel Roads
101-430-3120-43150 Contract Services
17061 05/31/2013 90.00 0.00 06/18/2013 Grading Sunfish Drive
101-450-5200-44030 Repairs/Maim imp Not Bldgs
17061 Total: 405.00
MILLEREX Total: 405.00
NINDOTI MN Department of Health
5/21/2013 05/21/2013
601-494-9400-43820 Water Utility
5/21/2013 Total:
AP - To Be Paid Proof List (06/13/13 - 12:10 PM)
1,508.00 0.00 06/18/2013 2nd Quarter Water Supply Conneetion
Fee
1,508.00
No 0000
No 0000
No 0000
Page 7
Invoice # Inv Date
Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine #
MNDOH Total: 1,508.00
P1ONEERP Pioneer Press
513520397 06/07/2013 452.80 0.00 06/18/2013 City Notices/Public Hearings 5/1 - 5/29 No 0000
1(11-410-1450-43510 Public Notices
513520397 Total: 452.80
PIONEERP Total: 452.80
PLUNKETT Plunkett's Pest Control
3295726 05/22/2013 104.98 0.00 06/18/2013 Pest Control - City Hall & 34852 - No 0000
101-410-1940-44010 Repairs/MaintContractual Bldg Upper33
3295726 Total: 104.98
PLUNKETT Total: 104.98
POMPS Pomp's Tire Service, Inc.
980000192-348 06/07/2(113
101-420-2220-44040 Repairs/Maint Eqpt
980000192-348 U6/07/2013
101-420-2220-44040 Repairs!Maint Eqpt
980000192-348 Total:
POMPS Total:
448,56 0,00 06/18/2013 Replace 2 Tires on 132 Fire Department
376.56 0.00 06/18/2013 Replace 2 Tires on B2 Fire Department
825.12
825.12
PRIMARY Primary Products Company
50365 04/02/2013 133,59 0.00 06/18/2013 Medical Gloves - Fire Department
101-420-2220-42080 EMS Supplies
50365 Total: 133,59
PRIMARY 'Total: 133.59
No 0000
No 0000
No 0000
RENLUNDT Renlund Terry
06032013 (16/062013 411.75 0.00 06/18/2(113 Building Inspector Services - 5/31-6/3 No 0000
101-420-2400-43 [50 Inspector Contract Services
06032013 06/06/2013 50.28 0.00 06/18/2013 Building Inspector Mileage - 5/31-6/3 - No 0000
101-420-2400-43310 Mileage
06032013 Total: 462.03
RENI.UNDT Total: 462.03
RIVRCOOP River Country Cooperative
05/31/2013 05/31/2013
101-420-2220-42120 Fuel Oil and Fluids
05/31/2013 Total:
AP - To Be Paid Proof List (06/13/13 - 12:10 PM)
637.26 0.00 06/18/2013 Fuel - Fire Department - May
63 7.26
No 0000
Page 8
invoice # fifty Date
RIVRCOOP Total:
S&T S&T Office Products, Inc.
0111_7644 05/24/2013
101-410-1320-42000 Office Supplies
01PL17644 Total:
01PU9643 05/30/2013
101-410-1320-42000 Office Supplies
011119643 05/30/2013
I ()1-410-1910-42000 Office Supplies
01p1,19643 Total:
01PV0700 06/06/2013
101-410-1320-42000 Office Supplies
01PV0700 Total:
01PV2597 06/06/2013
101-410-1910-42000 Office Supplies
01PV2597 Total:
S&T Total:
SRECONSU SRF Consulting Group, Inc
08078.00-1 (15/17/2(113
409-480-8000-43030 Engineering Services
08078.00-1 Total:
SRECONSTI 'Total:
SW/WC SW/WC Service Cooperatives
5/29/2013 05/29/2013
101-000-0000-217(16 IVIcdical Insurance
5/29/2013 Total:
SW/WC Total:
TASCH T.A. Schifsky & Sons Inc
54873 05/29/2013
101-430-3120-42240 Street Maintenance Materials
54873 Total:
TASCH Total:
TKDA TKDA, Inc.
00201300 1191 05/07/2013
409-480-8000-43030 Engineering Services
002013001191 Total:
AP To Be Paid Proof List (06/13/13 - 12:10 PM)
Amount Quantity Prot Date Description
637,26
104.77 0.00 06/18/2013 Office Supplies -
104.77
48.09 0,00 06/18/2013 Office Supplies -
48.10
96.19
21.20
21,20
28.75
28.75
250.91
3,054.74
3,054.74
3,054.74
21,168.00
21.168.00
21,168,00
1,110.44
1.110.44
1,110,44
12,124.93
12,124.93
Reference
Administration
Administration
0.00 06/18/2013 Office Supplies - Planning
0.00 06/18/2013 Office Supplies - Administration
0.00 06/18/2013 Office Supplies - Flaming
0.00 06/18/2013 State I lighway 5 Safety Improvements
0.00 06/18/2013 July 2013 Insurance Premiums
0.00 06/18/2013 AC Fine Asphalt - 5/14 - 5/16
0.00 06/18/2013 LE Infra Imp 194-30th: Plan & Spec
4/27
Task
Type
PO # Close POLine #
No 0000
No 0000
No 0000
No 0000
No 0000
No
No
0000
0000
No 0000
No
0000
Page 9
Invoice #
Inv Date
002013001464
101-410-1930-43030
002013001465
409-480-80(10-43030
06/04/2013
Engineering Services
002013001464 Total:
06/04/2013
Engineering Services
002013001465 Total:
TKDA Total:
TOWNCTRY Town & Country Cleaning Co
613 124 06/01/2013
101-410-1940-44010 Repairs/Maint Contractual Bldg
613 124 Total:
613 156 06/01/2013
206-450-5300-44010 Repairs/Maint Bldg
613 156 Total:
TOWNCTRY Total:
IRK UTI Truck Utilities Inc.
254697 05/31/2013
101-430-3100-42230 Building Repair Supplies
254697 Total:
TRKUTI Total:
VA_NCEBRO Vance Brothers . Inc
24369 05/30/2(113
101-450-52(10-44030 Repairs/Maint Imp Not Bldgs
24369 Total: 184.26
2606 05/30/2013 204.07
101-450-5200-44030 Repairs/Maint lrnp Not Bldgs
2606 Total: 204.07
V AN CERRO Total: 388,33
VA NGADOR Vang Adora
Cable Oper 05 05/29/2013
101-410-1450-43620 Cable Operations
Cable Oper 05 Total:
Cable Oper 06 06/04/2013
101-410-1450-43620 Cable Operations
Cable Oper 06 Total:
Cah1c Operator 05/29/2013
101-410-1450-43620 Cable Operations
Cable Operator Total:
Amount Quantity Pm t Date Description Reference
375.15 0.00 06/18/2013 General Eng - GIS OP Mapping 5/25
375.15
7,294.88 0.00 06/18/2013 LE Infra Imp 194-30th Plan & Spec
5/25
7,294.88
19.794.96
245.81 0.00 06/18/2013 June Janitorial Services - Citv Hall
245.81
187.47 0.00 06/18/2013 June Janitorial Services - Library
187.47
433.28
42.58 0.00 06/18/2013 Wash Bay Hose
42.58
42.58
184.26 0.00 06/18/2013 Basketball Court Surfacing Supplies
Sand
0.00 06/18/2013 Basketball Court Surfacing Supplies
Asph
55,00 0.00 06/18/2013 Cable Operations - 5/29/13 PC Meet
4hr
55.00
55,00
55.00
0.00 06/18/2013 Cable Operations - 6/4/13 CC Meet 4hr
48.12 0.00 06/18/2013 Cable Operations - 5/28/13 PC Meet
3.5hr
48.12
- To Be Paid Proof List (06113/13 - 12:10 PM)
Task
Type
PO # Close l'OLine #
No
No
No
No
No
0000
0000
0000
0000
0000
No 0000
No 0000
No 0000
No 0000
No 0000
Page 10
Invoice #
Inv Date
VANGADOR Total:
WASH-REC Washington County
75664 06/05/2013
101-410-1320-43040 Legal Services
75664 Total:
1'225413 06/03/2013
101-410-1910-42030 Printed Forms
P225413 Total:
WASH-REC Total:
WASH -FAX Washington County
02013-2004 02/15/2013
101-410-1520-44300 Miscellaneous
02013-2004 Total:
2013-2004 02/15/2013
WI -410-1520-44300 Miscellaneous
2013-2004 Total:
WASFITAX Total:
XCEL Xcel Energy
51-0117417-0
I01-430-3160-43810
51-0630620-5
206-450-5300-43810
51-4504807-7
101-450-5200-43810
51-4504807-7
602-495-9450-43810
51-4504307-7
101-430-3160-43810
51-4572945-7
101-430-3160-43810
51-4576456-3
101-420-2220-43810
51-4580376-5
101-410-1940-43810
06/25/2013
Street Lighting
51-0117417-0
06/25/2013
Electric Utility
51-0630620-5
06/25/2013
Electric utility
06/25/2013
Electric Utility
06/25/2013
Street Lighting
51-4504807-7
06/25/2013
Street Lighting
51-4572945-7
06/25/2013
Electric Utility
51-4576456-3
06/25/2013
Electric Utility
Total:
Total:
Total:
Total:
AP - 'Co Be Paid Proof List (06/13/13 - 12:1(1 PM)
Amount Quantity Pmt Date Description Reference Task Type PO 4 Close POLine
158.12
500.00
0.00 06/18/2013 Recorder/Registrar
500.00
46.00 0.00 06/18/2013 Recorder/Registrar Encroa agree
Kennedy
46.00
546,00
35.00 0.00 06/18/2013 Top 25 Taxpayers 2012-City of Lake
Elmo
35.00
35,00
35.00
70,00
0.00 06/18/2013 Tax Levy Rook Report - 2012
23,74 0.00 06/18/2013 425 Keats Welcome Sign
23,74
386.43 0.00 06/18/2013 3537 Lake Elmo Ave Library
386.43
80.12 0.00 06/18/2013 3509 Laverne bights at Legion Park
36:71 0.00 06/18/2013 8860 Hudson Lift Station
78.68 0.00 06/18/2013 100 Inwood Traffic Lights
195.01
62.33 0.00 06/18/2013 3014 lanky Street Lights
62.33
318.16 0,0(1 06/18/2013 4259 Jamaca Fire Station 2
318:16
335.59 0.00 06/18/2013 3800 Laverne City Hall - 302429100
No 0000
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Page I I
Invoice #
Inv Date
Amount Quantity Pad Date Description Reference Task Type PO # Close POLine #
51-4580376-5 06/25/2013 34.51 0.00 06/18/2013 100 Keats Traffic Lights No 0000
101-430-3160-43810 Street lighting
51-4580376-5 06/25/2013 398,42 0.00 06/18/2013 3800 Laveme - City Hall 304124969 No 0000
101-4/ 0-1940-43810 Electric Utility
51-4580376-5 Total: 768.52
51-4733556-8 06/25/2013 1504 n0.00 06/18/2013 3510 Laverne Tennis Courts No 0000
.
101-450-5200-43810 Electric Utility
51-4733556-8 Total:
5 51-5044219-0 06/25/2013 127.921'0.00 06/18/2013 11194 Upper 33rd Parks Bldg No 0000
101-450-5200-43810 Electric Utility
51-5044219-0 Total: 127.92
51-5275289-3 06/25/2013 36.29 0.00 06/18/2013 8170 Lake Jane Trl Pebble Park - No 0000
101-450-5200-43810 Electric Utility
51-5275289-3 Total: 36.29
51-5356323-8 06/25/2013 1,862.07 0.00 06/18/2013 3303 Langley & 11975 55th Wells 1 & - No 0000
601-494-9400-43810 Electric Utility' 2
51-5356323-8 Total; 1,862.07
51-5522332-2 06/25/2013 0.00 06/18/2013 998 Inwood Traffic Eights - No
44.96 0000
101-430-316(143810 Street Lighting
51-5522332-2 Total: 44,96
51-5747685-4 06/25/2013 57,55 0.00 06/18/2013 3585 Laveme Arts Center No 0000
101-450-5200-43810 Electric Utility
51-5747685-4 Total: 57.55
51-5916043-7 06/25/2013 21.40 0.00 06/18/2013 11062 340h. Street Lift Station - No 0000
602-495-9450-43810 Electric. Utility
51-5916043-7 Total: 21.40
51-6429583-8 06/25/2013 I 7.30 0.00 06/18/2013 2759 Legion Ave Lift Station No 00000000
602-495-9450-43810 Electric Utility
51-6429583-8 Total: 17.30 29084 .
51-6433976-2 06/25(2013 0.00 06/18/2013 3510 Laverne Station #1 No
101-420-2220-43810 Electric Utility
51-6433976-2 Total: 290.84
51-6625457-1 06/25/2(113 70.00 0,00 06/18/2013 3511 Laverne Legion Park - No 0000
10 U450-5200-43810 Electric Utility
51-6625457-1 Total: 70,00
51-6736544-2 06/25(2013 2,065.26 0.00 06/18/2013 Street Lights - No 0000
101-430-3160-43810 Street Lighting
51-6736544-2 Total: 2,065.26
51-6928283-3 06/25/2013 31.47 0.00 06/18/2013 Tratlic Manning & Stillwater Blvd No 0000
101-430-3160-43810 Street Lighting
51-6928283-3 Total: 31.47
51-6956201-4 06/25/2013 1.2.27 0.00 06/18/2013 VFW Ballfield Lts 303400517 No 0000
101-450-5200-43810 Electric Utility
51-6956201-4 06/25/2013 276.10 0.00 06/18/2013 VFW Ballfield Lts 303895169 No 0000
101-450-5200-43810 Electric Utility
AP - To Be Paid Proof List (06/13/13 - 12:10 PM)
Page 12
Invoice # Inv Date
Amount Quantity Prat Date Description Reference Task Type PO # Close POLine #
51-6956201-4 1'otal.: 288.37
51-7538112-1 06/25/2013 1,238.38 0.00 06/18/2013 3400 Ideal Public Works
101-430-3100-43810 Electric Utility
51-7538112-1 Total: 1,238.38
51-8126093-5 06/25/2013 48.01 0.00 06/18/2013 3445 Ideal Water Tower 2
601-494-9400-43810 Electric Utility
51-8126093-5 Total: 48.01
51-8711719-3 06125/2013 12.52 0.00 06/18/2013 10901 Stillwater Blvd Speed Sign
101-430-3160-43810 Street Lighting Hwy 5
51-8711719-3 Total: 12.52
XCEL, Total: 7.981.57
ZACK Zack's. Inc.
28684 06/06/2013 93.78 0.00 06/18/2013 Marking Paint & Wire-
601-494-9400-42270 Utility System Maintenance
28684 Total: 93.78
ZACK Total: 93.78
ZULEGER Zuleger Dean
June 5 - 7 - 9 06/09/2013 76.60 0.00 06/18/2013 Reimburse Mileage 6/5,6/7 & 6/9
101-410-1320-43310 Mileage DZuleger
June 5 - 7 - 9 Total: 76.60
ZULEGER Total: 76.60
Report Total: 139,639,02
AP - To Be Paid Proof List (06/13/13 - 12:1(1PM)
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Accounts Payable
To Be Paid Proof List
User: devise
Printed: 06/13/2013 - 1:18 PM
Batch: 016-06-2013
Invoice # Inv Date
Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine #
WASHTAX Washington County
75510 05/16/2013 576.95 0.00 06/18/2013 2013 Truth in Taxation Notice No 0000
101-410-1520-44300 Miscellaneous
75510 Total: 57695
WASIITAX Total: 576.95
Report Total: 576.95
AP - To Be Paid Proof List (06/13/13 - 1:18 PM) Page 1
AGENDA ITEM:
SUBMITTED BY:
THROUGH:
REVIEWED BY:
MAYOR AND COUNCIL COMMUNICATION
May 2013 Financial Reporting
Cathy Bendel, Finance Director
Dean Zuleger, City Administrator
Dean Zuleger, City Administrator
DATE: June 18, 2013
CONSENT
ITEM #:
MOTION
SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, The City Council
is asked to accept the May 2013 Financial Reporting Packet. No specific motion is needed, as
this is recommended to be part of the overall approval of the Consent .4gencla,
BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and
responsibility to conduct normal business operations and report the financial (unaudited)
statement to the City Council. City guidelines suggest the Council be updated on a regular basis.
STAFF REPORT: Attached please find a report for May reflecting the monthly detail
supporting the year to date actual results and comparing those results to the 2013 Budget.
Although the reports show that the results are behind budget by 5.9%, this is due to the payment
of the annual insurance of $73.7k in May. The 2013 budget reflected this payment in July based
on the prior year payment cycle. Removing the impact of this payment brings the results to 4.9%
ahead of budget.
The most significant other variances are highlighted below:
Revenues:
Building Permit revenue for the month were 35% below budget. On a year to date basis
actual activity is still above plan by 15%. It is believed that the weather caused numerous
building delays for 2013. As reported on the building activity report, the new homes in
2013 are tracking very close to 2012 on a year to date basis.
Plan review fees continue to be steady bringing the year to date revenue to 56% above
budget.
Expenses:
Most departments are below budget for the month as all Departments continue to be very cost
conscious. A few key items to note:
As mentioned earlier, the annual insurance premium of $73.7k was paid to the League of
Minnesota cities in May but was budgeted in July.
The Mayor and City Council salaries were paid in May that were budgeted for June.
The dues and subscription expense reflected for the Mayor & Council represents the
annual cost for memberships in the League of Minnesota Cities ($6,958). This
membership cost was budgeted later in the year based on when it was paid in 2012.
Due to coordinating initial audit fieldwork earlier than last year, the initial interim billing
expense for audit hit earlier than budgeted for 2013 in the Finance Department budget.
The Planning Department has incurred expenses above the amounts budgeted for many
expense items due to the City expansion initiative. The majority of the expenses were
related to Engineering support and Contractor expenses.
Please note that the salary expenses are based on more accurate departmental allocations
than we had in August 2012 when the 2013 budget was initially compiled. As a result,
some departments are above budget, while others are under but overall, personnel
expenses are below budget.
RECOMMENDATION: It is recommended that the City Council receive the May monthly
Financial Reporting Packet as part of tonight's Consent Agenda.
Alternately, the City Council does have the authority to remove this item from the Consent
Agenda and further discuss and review.
ATTACHMENTS:
May Financial Reports
City of Lake Elmo
2013 By Month
Budget to Actual Comparative
As of May 31. 2013
101-General Fund Detail
BY Denartinent
DEPT 410 - GENT GOV'T
6/18/2013
MONTH YID
BUDGET ACTUAL Variance ($) Variance (%) BUDGET ACTUAL Variance ($) Variance (%)
Month Month Month Month YTD YTD YTD YTD
REVENUE
Current Ad Valorem Taxes 0.00 0.00 0,00 0.00% 0.00 0.00 0.00 0.0014
Delinquent Ad Valorem Taxes 0,00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00%
Mobile Home Tax 0.00 0.00 0.00 0.00°4 0.00 0.00 0.00 0.00%
Fiscal Disparities 0.00 0.00 0.00 0.00% 0.00 0.00 0,00 0.00%
Penalty & lnterest 011 Taxes 0.00 0.00 0.00 0.00% 0.00 0.00 0,00 0.00%
Liquor License 25.00 0.00 (25.00) 0.00% 25.00 500,00 475.00 0.0014,
Wastehauler License 0.00 0.00 0.00 0.009.'0 0.00 0.00 0.00 0.00%
General Contractor License 0.00 0.00 0.00 0.00% 0.00 165.00 165.00 0.00%
Ileating Contractor License 75.00 200.00 125.00 166.67% 2,250.00 3,150.00 900.00 40.00%
Blacktopping Contractor License 0,00 0,00 0.00 0.00% 0.00 0.00 0,00 0.00%
Building Permits 15,000.00 9,655,09 (5,344.91) -35.63% 52,000.00 59,652.97 7,652.97 14.72%
Heating Permits 1,200.00 1,920,00 720.00 60.00% 6,000.00 6,925.00 925.00 15.42%
Plumbing Permits 1.000,00 1.320.00 320.00 32.00% 3,100.00 5,905.00 2,805.00 90.48%
Sewer Permits 0.00 0.00 0,00 0,00% 0.00 485.00 485.00 0.00%
Animal License 40.00 80.00 40.00 100.00% 1,360.00 1,341.00 (19,00) -1.40%
Utility Permits 600.00 1,235,00 635.00 I. 05.83% 3,000,00 2,033.00 (967.00) -32.23°A
Burning Pennit 200.00 525.00 325.00 162.50% 800.00 1,715.00 915.00 1 14.38%
Mas,v,age Therapy Permits 0.00 658.00 658.00 0.00% 0.00 658.00 658.00 0.00%
Homestead Credit Aid 0.00 0,00 0.00 0.00% 0.00 0.00 0.00 0.00%
MSA-Maintenance 0.00 0.00 0.00 0.00% 49,011.00 49,01.1,00 0.00 0.00%
State Fire Aid 0,00 0.00 0.00 0.00% 1,500.00 3,000.00 1,500.00 100.00%
PERA Aid 0,00 0.00 0.00 0.00% 0.00 0,00 0.00 0.00%
Gravel Tax 0.00 0.00 0.00 0.00% 688.63 0.00 (688.63) -100.00%
Recycling Grant 0.00 15,588.00 15,588.00 0.00% 0.00 15,588.00 15,588.00 0.00%
Misc State Grant/Surcharge Rev 0.00 0.00 0.00 0.00% 0.00 1,1 79.72 1,179.72 0.00%
Cable Franchise Revenue 0.00 0.00 0.00 0.00°4 40,000.00 39,851.98 (148.02) 0.00%
Zoning & Subdivision Fees 0.00 0.00 0.00 OM% 1,000.00 0.00 (1,000,00) 0.00%
Plan Check Fees 5,000.00 4,333.59 (666.41) -13.33% 23,000.00 35.861.68 12,861.68 55.92%
Sale of Copies, Books, Maps 44.95 95.85 50.90 0.001/0 64.85 206.10 141.25 217.81%
Assessment Searches 45.00 195.00 150.00 333.33% 360.00 585,00 225.00 62.50%
Clean Up Days 0.00 0.00 0.110 0.00% 0.00 0.00 0.00 0.00%
Cable Operation Reimbursement 0.00 0,00 0,00 0.00% 735.00 0.00 (735.00) 0.00%
Fines 5,000.0(1 3,820.34 (1.179.66) -23.59% 25,000.00 2(1,575.16 (4,424.84) -17.70%
Miscellaneous Revenue 1,500.00 308.78 (1,191.22) -79,41% 7,500.00 2,542.99 (4,957.01) -66,09%
Internal Charges 50.00 56.00 6.00 12.00% 250.00 704.00 454.00 181.60%
Interest Earnings 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00°4
Donations 0.00 0.00 0,00 0.00% 7,500.00 0.00 (7,500.00) -100.00%
Total Revenue 29,779,95 39,990.65 10,210.70 34.29`)/0 225,144,48 251,635.60 26,491.12 11.77%
EXPENSE
1110 - Mayor & Council
PT Salaries 0.00 12,845.00 (12,845.00) 0.00"A 0.00 12,845.00 (12,845.00) 0.00%
FICA Contributions 0.00 796..39 (796.39) 0.00% 0.00 796.39 (796,39) 0.00%
Medicare Contributions 0.00 186.27 (180.27) 0.00% 0.00 186,27 ((86.27) 0,00%
Workers Compensation 0,00 0.00 0.00 0,00`.V0 36.00 215.80 (179,80) -499.44%
Milcage 0.00 0.00 0,00 0.00°,10 0.00 0.00 0.00 0.00%
Miscellaneous 565.27 55.1] 510.16 0.00% 565.27 1,634.36 (1,069.09) 0.00%
Dues & Subscriptions 0.00 0.00 0.00 0.00% 3,391.00 10,339.00 (6,948.00) -204.90%
Conferences & Training 500.00 599.00 (99.00) -19.80% 1,155.00 1,586.00 (431.00) -37.32%
Total Mayor & Council 1,065.27 14,481.77 (13,416.50) -1259.45"/0 5,147.27 27,602.82 (22,455.55) -436.26%
1320 - Administration
FT Salaries 24,869.80 19,014.07 5,855.73 23.55% 77,444.93 71,531.02 5,913.91 7.64%
P ERA Contributions 1,607.90 1,334.11 273.79 17.03% 5,289.07 5,141.54 147.53 2.79%
ICMA Contributions 0.00 0.00 0.00 0.00% 0.00 0,00 0.00 0.00%
FICA Contributions 1,460.92 1,095.88 365.04 24,99% 4,606.13 4,124.45 481.68 10.46%
Medicare (7ontributions 341.68 256.30 85.38 24,99% 1,077.30 964.63 I I 2.67 10.46%
Flealth/Dental Insurance 3,127,60 2,61 1.00 516.60 16.52% 15,638.00 13,055.00 2,583.00 16,52%
Unemployment Benefits 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00%
Workers Compensation (IMO 0.00 0.00 0.00% 1,396.00 728.39 667.61 47.82%
Office Supplies 1.176.12 412.90 763.22 64.89% 3,138.61 2,593.17 545.44 17.38%
Printed Forms 0.00 0.00 0.00 0.00% 363.91 0.00 363.91 0,00%
Legal Services 4,000.00 4,844.50 (844.50) -21. II% 20,000.00 23,615.67 (3,615.67) -18.08%
Newsletter/Website 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00%
Assessing Services 3,500,00 3,296.00 204.00 5.83% 11,500.00 9,196.00 2,204.00 19.17%
Contract Services 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00%
"Felephone 0.00 337.06 (337,06) 0.00% 0.00 337.06 (337,06) 0.00%
Postage 300.00 0.00 300.00 100.00% 1,500.00 1,941.79 (441.79) -29.4.5°-'0
Mileage 150,00 21.8.5 (62.85) -41.90% 750.00 630.48 I 1 9.52 15.94%
Legal Publishing 0.00 35,20 (35.20) 0.00'N, 157.74 1.065.68 (907.94) 0,00%
Insurance 0.00 35,286.00 (35,286.00) 0.00% 800.00 35,339.30 (34,539,30) -4317.41%
Cable Operation Expense 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00%
Miscellaneous 100,00 72.90 27.10 27.10% 500.00 594.78 (94.78) -18.96%
Dues & Subscriptions 100.00 125.00 (25.00) -25.00% 500.00 805.99 (305.99) -61.20%
Books 0.00 0.00 0.00 0.00% 0.00 0.00 0,00 0.00%
Conferences & Training 220.00 983.32 (763.32) -346.96% 775.93 2,168.32 (1,392.39) -179.45%
Staff Development 470.00 0.00 470.00 0,00% 470.00 0.00 470.00 0.00%
Total Administration 41,424.02 69,917,09 (28,493.07) -68.78% 145,907.62 173,933.27 (28,025.65) -19.2141/0
1410 - Elections
PT Salaries 0.00 0.00 0.00 0.00% 0.00 100.00 (100.00) 0.00%
Office Supplies 0.00 0.00 0,00 0.00°,4 150.00 0.00 150.00 0.00%
Legal Publications/Notification 2,000,00 0.00 2,000.00 0.00% 2,000.00 0.00 2.000.00 0.00%
Election Equipment (1.00 0,00 0.00 0.00% OM 0.00 0.00 0.00%
Equipment Repair 150.00 0.00 150.00 0.001X, 300.00 0.00 300.00 100,00%
County Election Fees 0.00 0.00 0.00 0.00% 940.00 0.00 940.00 100,00°'0
Printed Forms 150.00 0.00 150.00 0.00°1, 300.00 0,00 300,00 0.00%
Miscellaneious 0.00 0.00 0.00 0.00% 100.00 0.00 100.00 100.00%
Total Elections 2,300.00 0.00 2,300.00 0.00% 3,790.00 100.00 3,690.00 97.36%
1450 - Communications
FT Salaries 2,916.67 2,179,38 737.29 25.28% 14,583,33 7,522.64 7,060.69 48.42%
P ERA Contributions 211.46 158.01 53.45 25.28% 1,057.29 545.41 511.88 48.411Vo
FICA Contributions 180.83 130.85 49.98 27,64% 904,17 451,79 452.38 50.03',va
Medicare Contributions 42,29 30.58 11.71 27.69% 211.46 105.62 105,84 50.05%
Health/Dental 1usuranee 0.00 272.00 (272.00) 0.00% 0.00 I ,360.00 (1,360.00) 0.00%
Workers Compensation 0.00 0.00 0,00 0,00% 56,00 85.23 (29.23) -52.20%
Newsletter 0.00 1,577,00 (1,577.00) 0.00% 3,061.00 4,485.18 (1,424.18) -46.53%
Office Supplies 0.00 56,55 (56.55) 0.00% 50,00 104.41 (54.41) 0.00%
Info Technology/Web 2,000.00 1,755.42 244.58 12.23% 10.000.00 15,724.88 (5,724,88) -57.25%
Telephone 250.00 51.18 198,82 79.53% 1,250.00 309.55 940.45 75.24%
Public Notices 200.00 1,087.46 (887.46) -443,73% 1,000.00 3,226.56 (2,226.56) -222.66%
Cable Operations 275.00 333.44 (58.44) -21.25% 1,375.00 1,196.84 178.16 l 2.96"..)
Conferences 0.00 0.00 0.00 0.00% 0.00 249.00 (249.00) 0.00%
Repair/Maint Equipment 0.00 0.00 0.00 0.00% 0.00 56.50 (56.50) 0.00%
Total Communications 6,076.25 7,631.87 (1,555.62) -25.60% 33,548.25 35,423.61 (1,875.36) -5.59%
1520 - Finance
FT Salaries 4,576.40 10,358.97 (5,782.57) -126.36% 22,882,00 36,090,60 (13,208.60) -57.72%
P ERA Contributions 331,79 751,02 (419.23) -126.35% 1.658.95 2.616,57 (957.63) -57.72%
FICA Contributions 283.74 610.96 (327.22) -115.33% 1,418.68 2,127.60 (708.92) -49.97%
Medicare Contributions 66.36 142.87 (76.51) -115.30% 331,79 497.54 (165.75) -49.96%
Health/Dental Insurance 718,02 1,088.00 (369.98) -51.53% 3,590.09 5,440.00 (1,849.91) -51.53%
Unemployment Benefits (1.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00%
Workers Compensation 0.00 0.00 0.00 0.00% 0.00 405.18 (405.18) 0.00%
Office Supplies 0,00 146,92 (146.92) 0.00% 100.00 201.55 ((01.55) -101.55%
Printed Forms 150.00 0.00 150.00 0.00% 300.00 0,00 300,00 100.00%
Audit Services 0.00 6,775.00 (6,775.00) 0.000, 500,00 12,650.00 (12,150.0(1) -2430.00%
Contract Services 0.00 0.00 0.00 0.00',4; 5,000,00 8,983.64 (3,983.64) -79.67%
Software Programs 0.00 0.00 0.00 0.00% 0.00 128.54 (128.54) 0.00%
Telephone 0.(10 90.12 (90.12) 0.00% 0,00 90.12 (90.12) 0.00%
Mileage 0.00 0.00 0,00 0.00% 0.00 44.40 (44.40) 0,00%
Miscellaneous 0.00 44.40 (44.40) 0.00% 1,500.00 45.48 1,454.52 96.97%
Dues & Subscriptions 0.00 0.00 0.00 0.00% 100,00 0.00 100.00 0,00%
Conferences & Training 100.00 0.00 100.00 0,00% 500.00 225.00 275.00 55.00%
Total Finance 6,226.30 20,008.26 (13,781.96) -221.35% 37,881.51 69,546.22 (31,664.71) -83.59%
1910 - Planning & Zoning
FT Salaries 8,278.95 19,013.81 (10,734.86) -129.66% 41,394.75 60,944.06 ((9,549.31) -47.23%
PERA Contributions 600,22 1,378.52 (778.30) -129.67% 3.001.12 4,418.48 (1,417,36) -47.23%
FICA Contributions 513.29 1,112.15 (598.86) -116.67% 2.566,47 3,604.97 (1,038.50) -40.46%
Medicare Contributions 120.04 260.13 (140,09) -116.69% 600.22 843.20 (242.98) -40.48%
flealthiDental Insurance 886.48 1.656.00 (769.52) -86,81% 4,432.42 8,280.00 (3,847.58) -86.81%
Workers Compensation 0.00 0.00 0.00 0,00% 500.00 751.34 (251.34) -50.27%
Office Supplies 50.00 I 32.64 (82.64) -165,28°,10 250.00 2,114.31 (1,864.31) -745.72%
Printed Forms 0.00 46.00 (46.00) 0.00% 0.00 263.85 (263.85) 0.00%
Engineering Services 1,500.00 916.50 583.50 38.90% 7,500.00 12,812.31 (5,312,31) -70.83%
Contract Services 0.00 0.00 0.00 0.00% 0,00 10,969,24 (10,969.24) 0.00%
Telephone 0.00 132.08 ((32.08) 0,00% 0.00 132.08 (132.08) 0.00%
Postage 0.00 18.15 (18.15) 0.00?4, 0.00 18.15 (18.15) 0.00%
Mileage 30.00 0.00 30,(10 100.00% 150,00 0.00 150,00 100.00?,1)
Miscellaneous 20.00 32.09 (12.09) -60.45% 100,00 402.99 (302.99) -302,99Q/0
Dues & Subscriptions 0.00 0.00 0.00 0.00% 0.00 270.00 (270.00) 0,00%
Books 0.00 0.00 0.00 0.00% 0.00 0,00 0.00 0.00%
Conferences & Training 0.00 295.00 (295.00) 0.00% 1,600.00 295.00 1.305.00 81.56%
Total Planning & Zoning 11,999.00 24,993.07 (12,994.07) -108.29% 62,094.99 106,119.98 (44,024.99) -70.90€Y0
1930 - Engineering Services
Engineering Services
Total Engineering Services
5,000.00 2,599.67
5,000.00 2,599.67
2,400,33
2,400.33
48.01%
48.01"/o
25,000.00
25,000.00
12,596.76
12,596.76
12,403.24
12,403.24
49,61%
49.61%
1940 - City Hall
Cleaning Supplies 50.00 7.48 42.52 85.04% 25(1,00 7.48 249.52 97.01%
Building Repair Supplies 75.00 0.00 75.00 100.00% 375.00 36.53 338,47 90,26%
Telephone 700,00 53.81 646.19 92.31% 3,700,00 775.89 2,924.1 1 79.03%
Utilities 900,00 950.03 (50.03) -5.56% 4,500,00 4,477.12 22,88 0,51%
Refuse 108.32 108,32 0.00 0.0D% 541.60 541.60 0,00 0.00%
Repairs/Maint Contractual Bldg 700.00 631.51 68.49 9.78% 3,500.00 3,294,84 205.16 5.86%
Repairs/Maint Contractual Equip 400.00 356.50 43.50 10.88% 2,0(10.00 1,671.42 328.58 16.43(!.'0
Miscellaneous 75.00 25.89 49.11 65,48% 375.00 73.81 301.19 80.32%
Total City Hall 3,008.32 2,133.54 874.78 29.08% 15,241.60 10,878.69 4,362.91 28.63"/D
Total General Government
77,099.16 141,765.27 (64,666.11) -83.87%
328,611.24
436,201.35
(107,590,11) -32.74"/0
DEPT 420 - PUBLIC. SAFETY
2100 - Police
Law EnfOreentent Contract
Total Police
2150 - Prosecution
Attoniey Criminal
Total Prosecution
0.00 0.00 0.00 0.00u/0 0.00 634.22 (634.22) 0.00%
0.00 0.00 0.00 0.00% 0.00 634.22 (634.22) 0.00%
4,250.00 4,250.00 0.00 0.00% 21,250.00 17,000.00 4,250.00 20.00%
4,250.00 4,250.00 0.00 0.00% 21,250.00 17,000.00 4,250.00 20.00"/o
2220 - Fire
FT Salaries 9,050.40 8,552,22 498.18 5,5094 33,050.40 30,829.54 2,220,86 6.72%
PT Salaries 11,00(1.00 9,679. I 0 1,370.90 12A6°,' 5E000.00 51,227.90 (227.90) -0,4594
PERA Contributions 1.453.65 1,416.16 37.49 2.58/0 6,093.65 5,139.38 954.27 15.66%
FICA Contributions 1,243.12 532.46 710.66 57.1794 5,211.12 2,912.79 2,298,33 44.10%
Medicare Contributions 290.73 254.51 36.22 12.46% 1,218.73 1,156.54 62.19 5.10%
Health/Dental Insurance 1,276.70 1,142.00 134.70 10,55% 6,383.49 5,710.00 673.49 10.55%
Unemployment Benefits 0,00 0.00 0,00 0.0096 0.00 0.00 0.00 0.00%
Workers Compensation 0.00 0.00 0.00 0.00% 10,13(1,00 8,042.06 2,087.94 20.61%
Office Supplies 0.00 1,478.80 (1,478.80) 0.00% 125.00 2.559.15 (2.434.15) -1947.32%
EMS Supplies 858.00 0.00 858.00 100.00`)/I, 1,908.00 671.35 1,236.65 64.81%
Fire Prevention 0.00 50.00 (50.00) 0.00% 0.00 50.00 (50.00) 0.00%
Fuel, Oil & Fluids 1,122.00 1,145.55 (23.55) -2.10% 5,610.00 3,739.03 1,870.97 33.3596
Small Tools & Equip 15,3(/0.00 3,164.36 12,135.64 79.32% 30,600.00 4,713.46 25,886,54 84.6094
Physicals 858.00 0.00 858.00 100.00% 4,858.60 278.59 4,580.01 94.27%
Telephone 250.00 139.52 110.48 44.19% 1,250.00 1,338.18 (88.18) -7.05%
Radio 100,00 122.91 (22.91) -22.9194 4,046.08 4,447.41 (401.33) -9.92%
Mileage 0.00 0.00 0.00 0.00% 0.00 99.44 (99.44) 0.00%
Vehicle Insurance 0.00 5,237.00 (5,237.00) 0.0094 0.00 5,237.00 (5,237.00) 0,00%
Electric Utility 900.00 995.47 (95.47) -10.6 I % 4,500.00 6,314.88 (1,814.88) -40.33%
Refuse 47.68 47.68 0.00 0,0094 238.40 446.22 (207.82) -87.17%
Repair/Maint Bldg 15.376.30 1,135.66 14,240.64 92.6194 18,381.50 11,319.50 7,062.00 38.42%
RcpairiMaint Equip 0.00 2,261.03 (2,261.03) 0.00% 9,756.00 6,301.36 3,454.64 35.41%
Unitbrms 150.00 708.80 (558,80) -372.5394 5,641.50 1,197.01 4,444.49 78.78%
Miscellaneous 75.00 456.48 (381.48) -508.64% 375.00 739.69 (364.69) -97.2594
Dues & Subscriptions 0.00 0.00 0.00 0.011% 2,000.00 2,210.00 (210,00) -10.50%
Books 0.00 0.00 0.00 0.0094 0.00 0.00 0.00 0.00%
Conferences & Training 950,00 0.00 950.00 100.00% 13,150,00 2,061.35 11,088.65 84.32%
Total Fire 60,301.59 38,469.71 21,831.88 36.20"/o 215,527.48 158,741.83 56,785.65 26.35%
2250 - Fire Relief
Fire State Aid
Total Fire Relief
0.00 0.011 0.00 0.0094 0.00 0.00 0.00 0.00%
0.00 0.00
0.00 0.00%
0.00 0.00
0.00 0.00"/o
2400 - Building Inspection
FT Salaries 8,621.04 10,033,62 (1.412.58) -16.39°/0 31,610.48 36,290.98 (4,680.50) -14.81%
PERA Contributions 498.66 727.44 (228.78) -45.88% 1,734.47 2,631.14 (896.67) -51.70%
FICA Contributions 414.02 584.16 (170.14) -41.09(% 1,439.71 2,113.14 (673.43) -46.78%
Medicare Contributions 96.82 136.59 (39.77) -41.08% 336.72 494.18 (157.46) -46.76%
Health/Dental Insurance 767.49 0.00 767.49 100,00% 3,837.45 5,656.00 (1,818.55) -47.39%
Unemployment Benefits 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00%
Workers Compensation 0.00 0.00 0.00 0.00% 1,000.00 397.88 602.12 60.21%
Office Supplies 0.00 133.64 (133.64) 0.00% 0,00 747.44 (747.44) 0.00%
Printed Forms 0.00 0.00 0.00 0.00% 0.00 146.61 (146.61) 0.00%
Fuel, Oil & Fluids 0.00 51.36 (51.36) 0.00/0 0.00 I 06.04 (106.04) 0.00%
Engineering 500.00 1,215.00 (715.00) -143.00% 2,500.00 3,673.00 (1,173.00) -46.92%
Surcharge Pmts 0.00 0,00 0.00 0,00% 0.00 0.00 0.00 0.00%
Inspector Contract Services 0.00 0.00 0.00 0.00% 0.00 881.50 (881.50) 0.00%
Telephone 18.00 45.06 (27.06) -150.33% 90.1)0 245.32 (155.32) -172.58%
Mileage 0.00 0.00 0.00 0.00% 0.00 179.36 ((79.36) 0.00%
Insurance 0.00 340.00 (340.00) 0.00% 0.00 340.00 (340.00) 0.00%
Repairs/Maint Equip 0.00 0.00 0.00 0.00% 250.00 0.00 250.00 100.00%
Uniforms ((.00 0.00 0.00 0.00% 0.00 86.38 (86,38) 0.00%
Miscellaneous 250.00 300.00 (50.00) -20,00% 250.00 300.00 (50.00) -20.00%
Dues & Subscriptions ((.00 0.00 0.00 0.00% 90.00 0.00 90.00 100.00%
Books 0.00 6.96 (6.96) U.00% 0.00 108.24 (108.24) 0.00%
ContErences & Training 0.00_ 125.00 (125.00) 0.009/0 0.00 500.00 (500.00) 0.00%
Total Building Inspections 11,166.03 13,698.83 (2,532.80) -22.68% 43,138.83 54,897.21 (11,758.38) -27.26%
2500 - Emergency Communications
Contract Services
Total Emergency Communications
6,000 00 0.00 6,000.00 0.00°,0 6.000.00 0.00 6,000.00 0.00%
6,000.00 0.00 6,000.00 0.00% 6,000.00 0.00 6,000.00 0.00%
2700 - Animal Control
Printed Fomis 0.00 0,00 0.00 0.00% 0.00 0.00 0.00 0.00°70
Contract Services 600.00 842.08 (242.08) -40,35% 2,800.00 2,342.08 457.92 16.35%
Miscellaneous 0.00 0.00 0.00 0.00% 0.00 240.00 (240.00) 0.00%
Total Animal Control 600.00 842.08 (242.08) -40.35% 2,800.00 2,582.08 217.92 7.78%
Total Public Safety
82,317.62 57,260.62 25,057.00 30.44% 288,716.31 233,855.34 54,860.97 19.00%
DEPT 430 - PUBLIC WORKS
3100 - Public Works
FT Salaries 1.5,000.00 17,760.65 (2,760.65) - 18.40"/o 56,800.00 67,496.44 (10,696,44) -18.83%
PTSalaries 0.00 245,57 (245,57) 0.00% 0.00 1,106.77 (1,106.77) 0.00°./0
PFRA Contributions I ,087.50 1,305.46 (217.96) -20.04c.tf, 4,118.00 4,969.39 (851,39) -20.67",,i,
FICA Contributions 930.00 I ,040.42 (110,42) -11.87% 3,521.60 3,989,46 (467,86) -13.29%
Medicare Contributions 217.50 243.34 (25.84) -1 1.88% 823.60 933.06 (109.46) -13.29%
Health/Dental Insurance 2,893.14 2,899,00 (5.86) -0.20% 14,465,71 14,495.00 (29.29) -0.20`!.10
Unemployment Benefits 0.00 0.00 0.00 0.00% 2,500.00 0.00 2,500.00 100.00%
Workers Compensation 0.00 0.00 0,00 0.00% 6,000.00 7,399.76 (1,399.76) -23,33%
Office Supplies 50.00 83.12 (33.12) -66.24% 250.00 196.70 53.30 21.32%
Shop Materials 150.00 0.00 150.00 100.00% 750.00 436.77 313.23 41.76%
Building Repair Supplies 0.00 0.00 0.00 0.00% 0.00 186.67 (186.67) 0.00%
Small Tools and Minor Equip 250.00 201.57 48.43 19.37% 1,250,00 945.61 304.39 24.35%
Engineering Services 150.00 703.00 (553.00) -368,67% 750.00 2,773.00 (2,023.00) -269.73%
Contract Services 400.00 96.89 303.11 75.78% 2,000.00 259,03 1,740.97 87.05%
Telephone 650.00 638.43 11.57 1.78% 3,450.00 1,935.53 1,514.47 43.90%
Radio 300.00 0.00 300.00 100.00% 1,500.00 309.06 1.190.94 79,40',.;
Mileage 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00%
Insurance 0.00 19,772.00 (19,772.00) 0.00% 0.00 19,772,00 (19,772,00) 0.00%
Electric Utility 2,000.00 2,218.26 (218.26) -10,91% 10,000.00 10,673.23 (673.23) -6,73%
Refuse 207.82 207.82 0.00 0,00% 1,039.10 831,28 207.82 20.00%
Fuel, Oil, Fluids (ALL depts) 3,000.00 6,722,56 (3,722.56) -124.09% 15,000.00 19,212.09 (4,2)2.09) -28,08%
RepairAtaint Bldg 250.00 25.00 225.00 90.00% 1,250.00 3,905,97 (2,655.97) -212.48%
R_epair/Maint NOT Bldg 40.00 38.38 1.62 4.05% 220.00 153.38 66.62 30.28%
Repair/Maint Equip (out) 500.00 (1.00 500.00 100.00% 2,500.00 140.73 2,359.27 941.37.o
Equipment Parts 500.00 0.00 500.00 100.00% 2,500.00 0.00 2,500.00 100.00%
Uniforms 175.00 76.62 98.38 56.22% 875.00 547.35 327.65 37.45(!/0
Miscellaneous 75.00 96.49 (21.49) -28.65% 375.00 242.15 132.85 35.43%
Landscaping Material 85.00 0.00 85.00 100.00% 425.00 0.00 425.00 100.00%
Dues & Subscriptions 0.00 0.00 0.00 0.00$fi 60.00 56.00 4.00 6.67%
Conferences & Training 0.00 0.00 0,00 0.00% 619.60 160.00 459.60 74.18%
Clean up Days 0.00 0.00 0.00 0.00Y° 0.00 0.00 0.00 0.00%
Total Public Works 28,910.96 54,374.58 (25,463.62) -88.08% 133,042.61 163,126.43 (30,083.82) -22.61%
3120 - Streets
Equipment Parts
Street Maintenance Materials
Sign Repair Materials
Contract Services
Repairs/Maint Equipment
Total Streets
0.00 521.48 (521.48) 0.00% 0.00 886.81 (886.81) 0.00%
1,000.00 1,271.89 (271.89) -27.19% 5,000,00 1.640,29 3,359,71 67.19%
250.00 (1.00 250.00 100.00% 1,250.00 0.00 1,250.00 100.00%
850.00 270.00 580.00 68.24% 4,250.00 270.00 3,980.00 93.65%
0.00 432.04 (432.04) 0.00% 0.00 432.04 (432.04) 0.00%
2,100.00 2,495.41 (395.41) -18.83% 10,500.00 3,229.14 7,270.86 69.25%
3125 - Ice & Snow Removal
Landscaping Material 0.00 0.00 0.00 0.00%
Sand/Salt 15,000.00 0.00 15,000.00 0,00%
Contract Services 0.00 OM() 0.00 0.00%
Repairs/Mahn Equipment 250.00 207.04 42.96 17.18%
Total Ice & Snow Removal 15,250.00 207.04 15,042.96 98.64%
3160 - Street Lighting
Street Lighting
Total Street Lighting
2,100.00 2,275.04 (175.04)
2,100.00 2,275.04 (175.04)
3200 - Recycling
Recycling Supplies 2,000,00 3,584.25 (1.584.25) -79.21%
Newsletter 0.00 0.00 0,00 0.00%
Miscellaneous 400.00 0.00 400.00 100.00%
Total Recycling 2,400.00 3,584.25 (1,184.25) -49.34%
3250 - Tree Program
Contract Services
"'rota! Tree Program
Total Public Works
500.00 0.00 500.00 100.00%
500.00 0.00 500.00 100.00%
51,26(1.96 62,936.32 (11,675.36) -22.78%
0.00 0.00 0.00 0.00%
40,000.00 47.865.46 (7,865.46 ) -19.66%
6,250.00 4,307.75 1,942.25 31.08%
1,250.00 4,941.95 (3,69(.95) -295.36%
47,500.00 57,115.16 (9,615.16) -20.24%
10,500.00 9,272.50 1,227.50 1 1,69%
10,500.00 9,272.50 1,227.50 11.69%
2,300.00 3,584.25 (1,284.25) -55.84%
1,000.00 0.00 1,000.00 0.00%
2,000.00 0.00 2,000.00 100.00%
5,300.00 3,584.25 1,715.75 32.37%
2,100.00 0.00 2, I 00.00 100,00%
2,100.00 0.00 2,100.00 100.00%
208,942.61 236,327.48 (27,384.87) -13.11%
DEPT 450 - CULTURE, RECREATION
5200 - Parks & Recreation
FT Salaries 12,875.74 9,836.79 3,038.95 23.60% 47,211,58 38,491.93 8,719.65 18.47%
PT Salaries 1,050.00 1,391.58 (341.58) -32.53% 9,250.00 6,271.67 2,978.33 32.20%
PERA Contributions 933.49 814.06 119.43 12.79% 3.422.84 3,297.77 125.07 3.65°.4,
FICA Contributions 863.40 653.78 209.62 24.28% 3,500.62 2,684.64 815.98 23,31'3';
Medicare Contributions 201.92 152.87 49.05 24.29% 818.69 627,79 190.90 23.32%
Health/Dental Insurance 1,084.57 290.16 794.41 73.25% 5,422.87 2,696.00 2,726.87 50.28%
Unemployment Benefits 0.00 0.00 0,00 0.00% 0.00 0,00 0.00 0.00%
Workers Compensation 0.00 0.00 0.00 0.00°,..) 3.000.00 4,105,81 (1,105.81) -36.86%
Shop Materials 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00('/'D
Chemicals 50.00 0.00 50.00 100.00% 250.00 0.00 250.00 100.00%
Equipment Parts 150.00 0.00 150,00 100.00% 750.00 23.50 726.50 96.87%
Building Repair Supplies 0.00 0.00 0.00 0.00% 0,00 0.00 0.00 0.00%
Landscaping Materials 200.00 0,00 200,00 100.00% 1,000,00 0.00 1,000.00 100.00%
Small Tools and Minor Equip 75.00 0,00 75.00 100.00% 375.00 1,609.01 (1,234.01) -329.07'6
Telephone 100.00 0.00 I 00.00 100.00% 500.00 331.49 168.51 33,70%
Mileage 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00%
Insurance 0,00 3,683.00 (3,683.00) 0.00?..) 0.00 3,683,00 (3,683,00) 0.00%
Electric Utility 750.00 617.83 132.17 I 7.62% 3,750.00 3,704.15 45.85 1.2.2.°
Refuse 207.82 207.82 0,00 0.00°,0 1,039.10 1,039.10 0.00 0.00?4.
Repair/Maint Bldg 25.00 0.00 25.00 100.00¼ 125.00 246, ?5 (121.25) -97.00%
Repair/Maint NOT Bldg 50.00 41.82 8.18 16.36% 250.00 69.07 180.93 72,37%
Repair/Main t Equip 100.00 0.00 100.00 100.00% 500.00 0.00 500.00 100.00%
Rental Buildings 400.00 0.00 400.00 100.00% 2,000.00 0.00 2,000.00 100.00"/0
Miscellaneous 0.00 0.00 0,00 0,00(,),1, 0.00 195.00 (195.00) 0.00%
Total Parks & Recreation 19,116.94 17,689.71 1,427.23 7.47"/0 83,165.70 69,076,18 14,089.52 16.94%
DEPT 460 - COMP ADJ 0.00 0 0 0.00% 0.00 0.00 0.00 0.00%
DEPT 490 - CONTINGENCY FUND 0.00 0 0 0.00°4, 0.00 0.00 0.00 0.00%
DEPT 493 - OTH FINANCING 0.00 0 0 0.00% 0.00 0.00 0,00 0.00%
GRAND TOTAL ALL DEPTS 229,794.68 279,651.92 (49,857.24) -21.70% 909,435.86 975,46035 (66,024.49) -7.26"/a
Net Income over Expenses
(200,014.73) (239,661.27) (39,646.54) 19.82°A (684,291.38) (723,824.75), (39,533.37) 5.78"/0
OF
K E E LMO
MAYOR AND COUNCIL COMMUNICATION
DATE:
CONSENT
ITEM #:
AGENDA ITEM: May Permit Report
SUBMITTED BY: Rick Chase, Building Official
THROUGH: Rick Chase, Building Official
REVIEWED BY: Cathy Bendel, Finance Director
6/18/2013
6
SUMMARY ANDACTION REOUESTED: As part of its Consent Agenda, the City Council
is asked to accept the monthly permit report. No specific motion is needed, as this is
recommended to be part of the overall approval of the Consent Agenda.
STAFF REPORT: Below is the year to date key statistics for May 2013:
2013 2012 2011
Total Building permits: 102 100 121
Total Building valuation: $7,180,849 $7,196,791 $6,350,808
New homes 12 11 10
Total valuation $5,121,742 S4,568,112 $4,369,800
Avg home value $426,812 $415,283 $436,980
THH CITY OF
LAKE ELMO
MAYOR AND COUNCIL COMMUNICATION
DATE
CONSENT
ITEM #:
6/18/2013
7
AGENDA ITEM: Keats MSA Street and Trunk Watermain Improvements — Pay Request No. 1
SUBMITTED BY: Chad Isakson, Project Engineer
THROUGH: Dean A. Zuleger, City Administrator
REVIEWED BY: Jack Griffin, City Engineer
Cathy Bendel, Finance Director
Mike Bouthilet, Public Works
SUGGESTED ORDER OF BUSINESS (if rentovee from the Consent Al_Fenda):
- 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
SUMMARY AND ACTION REQUESTED:
The City Council is respectfully requested to consider approving Pay Request No. I for the Keats MSA
Street and Trunk Watermain Improvements,
STAFF REPORT:
T.A. Schifsky and Sons, Inc., the Contractor for the project, has submitted Partial Pay Estimate No, 1 in
the amount of $330,780.12. The request has been reviewed and payment is recommended in the amount
requested. hi accordance with the contract documents, the City has retained 5% of the total work
completed. The amount retained is $17,409.48.
RECOMMENDATION:
Staff is recommending that the City Council consider approving. as part of the Consent Agenda, Pay
Request No. 1 for the Keats MSA Street and Trunk Watermain Improvements. If removed from the
consent agenda, the recommended motion for this action is as follows:
"Move to approve Pay Request No. 1 to T.A. Schifsky & Sons in the amount o f $330,780.12,
for the Keats MSA Street and Trunk Watermain Improvements"
ATTACHMENT(S):
1. Partial Pay Estimate No. I.
No,
TOTAL
NET CHAN
'5;4 InUNK VVATERii.!U-; lei MP,
/\pprut':;! Armful',
I:atr Additions Ded
START DA"i L:
SUBSTAN ilAC i:CiV?LE'flt3P1:
NAL COMP1.ETIOR:
5/8/2013
s/3o/Z013
10/4/2013
50.00
, C)tigincli C ontr ct Amount
7, Net Chanvre. Order Sum
Revised Contract ( 2)
4 y`\iVorL Completed
_ , 'Stored Materiais
d. Subtotal (�,+4)
7. Retaina,;e'
4. Previous Payments
� . Amount Duo ;IT, 7-8)
AL DAYS
G DANS
%iF vi/ WING
149,
125
ENG[NEER`S'F.RTI (CATION: FOCUS Engineerin
1 ie un4ersigorii t:ertif.es that the work has heen revie!.vr4 and to the
t)e!st of the.is kriowleci2,e and beilot, the yuandties shown in tnis
e>sCiror;3t - ar.^ r.(:arrec4: and the trori: has been performed i:::scratdance
vi'rh the con r,rct documents.
CONTRA TII-1CA I ION:
The swrier ;1 =rated Cc ntracicr et:rtiFies tha
knowledge, informal! ors 3f) ?> ::ss;'tits! `.!ork cover:
estimate has been COTliplet ri in accordance with [lie contract
docimki.:ni`., that 31; ernokintS have berm pad by the pontractor for
payment ( stimates was issued and !payment
ROVED h1` OWNER:
uATE.
roCUS i:ngincerent
and ;tint cu: rer:t payntznl 5!r.iisvn herein is
CiTV Di= LAKE ELIVIO, MINA{;NESOTA
'1U/:%o]
DA1 t.
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DATE
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1R0IEY'r rat vrv1EPIT FORM
PARTIAL PAY ESTIMATE NO, 1
KEATS WA STREET AND TRUNK WATERMAIN IMP.
CITY OF LAKE ELMO, MINNESOTA
PROJECT NO, 2012,129
MN/DOT
ITEM DESCRIPTION OF PAY ITEM
NO.
DIVISION 1 - GENERAL
1 2021.501 moRIWATION
2 2101.502 CLEARING
3 2101.507 GRUBBING
4 2105.525 TOPSOR. BORROW (CV)
5 2453,61 EXPLORATORY DIGGING
6 2563.801 TRAEP/C CONTROL
7 2573.502 SiLT FENCE
3 2573.530 1N100 PROTECTION
9 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE
10 2573.602 CULv(RT PROTECTION
11 2575.505 SODDING (SALT RESISTANT)
12 0575,529 EROISION CONTROL BLANKET, CAT. 3
13 2575.605 SEEDING ISFEL) MIXTURE 250 AND FERTILIZER TYPE. 31
14 2575.605 SEEDING (SEED MIXTURE 328 AND FERTILIZER TYPE, 4)
SUBTOTAL ^ DIVISION 1
DIVISION 2 - WATERMAIN
1 2504.502 12" WATERMAN OFFSET
2 2504.502 CONNECT TO EXISTING WATERMAIN
2504.602 6" HYDRANT
4 2504,602 6' GATE VALVE & BOX
O 2504.602 8' GATE VOLE & BOX
6 2504.502 12" GATE vavLE & BOX
7 2504682 1" CORPORATION 5T077
6 2504.602 1.6" CORPORATION STOP
9 2504.602 2" CORPORATION sTOP
in 2564.602 1" CURB STOP AND BC)X
11 2504.602 1.5" 02R8 STOP AND BOX
12 2504.602 CURB STOP AND BOx
13 2504.603 1" 'OPE K COPPER WATER SERVCE PIPE
14 2504.603 1.5' TYPE K COPPER WATER SERVICE PIPE
15 2504.603 2" TYPE K COPPER WATER SERVICE PIPE
16 2504.603 6" 01P CL. 52 VvATERMAIN
17 2504.603 8" DIP CL. 67202705104116
16 2504.603 12" DIP CL, 52 WATERMAIN
19 2504.603 12" HOPE DR. 1.11DIPS. BY HOD
20 2504,608 M.I DIP COMPAcT FITTINGS
21 2564,551 OFF ROAD STRUCTURE MARKER
SUBTOTAL - DIVISION 2
UNIT
ENGINEERING,
CONTRACT
UANTITY UNIT PRICE
LS 1.0
TREE 1.0
TREE 1
CY 2,744
hIR 8
LS 1
LF 5,880
EA 9
EA
EA 14
SY 213
Sy 16,465
9(1 3.36
AC 0.23
Mrs PERIOD
AMOUNT QUANTITY AMOUNT
953.000.00 953,000 00
5400.00 5400.00
5100.00 5100.00
55.06 S13,720.00
$300.00 52,400.00
.524,000.03 524,000 oa
Si= 55,880.00
$60.00 5540.00
5200.00 5400.00
$75.00 51,050.00
57.00 $1,491.00
51,03 $16,358.95
5525.00 51,76400
$1.545.00 5355.35
5122,059.30
0.5
0.0
0,0
0.0
0.0
0.5
5,482.0
3.0
0.0
13.0
0.0
0.0
0.0
0.0
$26,500.00
50.06
50.00
50.00
$0 00
512.000.00
55,482.00
5380,05
50.00
5975.00
$0.00
50.00
00,00
$0.00
$45,137.00
TOTAL TO DATE
QUANTITY AMOUNT 1
0.5
0,0
0.0
0.0
0,0
0.5
5,482.0
3.0
0,0
13.0
0,0
0.0
0,0
0,0
920,000.00
50.00
50.00
50,00
50.00
512,000.00
5.5,482.00
5180.00
50.00
5975.00
SC.00
Sam
00.05
50.00
45,137.00 I
EA 2 53,811.00 $7,522,00 00.00 0 50.00
FA 2 57,399.00 $6.796.00 90,00 0 MOB
EA 13 $3,244.50 942,178.50 56,439.09 2 $6,489.00
EA 13 01,136.00 516,068.00 4 54,994.00 4 59,944.06
EA 3 51,627.40 59,882.20 0 51,627.40 1 21,627.40
EA 15 52,811.90 542,17850 4 $11,247.66 4 511,247.60
EA 3 $278.10 $334.30 2 9556.20 2 5556.20
EA 18 5607.70 510.938.60 4 52,430.80 4 $2,430.80
EA 1 5741.60 5741.60 0 50.00 0 50.00
EA 3 5566,50 91.099.50 2 51,133.00 2 S1,133,00
EA 18 5690.10 512,421.80 52,750.40 4 92,76040
EA 1 584460 5644.60 0 60.00 0 $0.00
LP 135 520.60 $2,781.00 77 51,586.20 77 5/586.10
IF 548.00 523.69 512,982.12 115 $2,748.04 316 52,748.04
1.6 45,00 530.90 51.390.50 0 50.00 0 90.00
LF 303 527,81 58.426.43 65 $1,807,65 65 51,807.65
LF 52 532.96 51,713.92 34 91.120.64 34 $1,120.64
IS 5,954 943.00 5256,022.00 1,875 080,525.00 1,875 560,625.00
tF 2,935 558.00 5141,230.00 2,235 5129,630.00 2.235 $129,630.00
L85 4,244 $4.74 520,353.56 742 $3,517.08 742 S3,517.08
EA 2 S170.00 $340.90 0 50,04 0 $0.0e
$592,447.13 9252,2.7.3.01 9252.223.01
DIVISION 3 - STORM SEWER I
2104.501 REMOVE PIPE CULVERTS IALL TYPES & sIzEs) LF 1,036 57.00 57,112.W 259 00,013.00 259 51,813.00
2 2101.521. SALVAGE CONCRETE PIPE CULVERT (ALL TYPES & SIZES) LE 85 $13.00 51,105.08 0 50.00 0 $0.00
2543,010 15" RCP FES LW TRASH GuARD EA 4 51,163.90 54,655.60 5 $0.00 0 SOW
4 2501.515 18" RCP FES Vv/ TRASH GUARD EA 4 51,215,10 59,861.60 50.00 0 SON
5 0900,510 21" RCP EES W/ TRASH GUARD EA G 51,421.40 58,526.40 $0.00 0 MOO
6 2501.521 22" SPAN RCP CL. 5 SIORM SEWER PIPE LF 47 $50.00 $2.350,00 50.00 0 50.00
7 2501.521 2E" SPAN RCP CL. S STORM SEWER PIPE LP 45 560.00 $2,940.00 0 50.00 0 50,00
2501.521 36" SPAN RCp CL. 5 STORM SEWER PIPE LF 60 582.40 54,944.00 60 $4.944,00 GO $4,944.011
9 2501.525 22" SPAN RCP FES W/ TRASH GUARD EA 2 $1,287.50 52,575 00 0 $0.00 0 50,00
10 7501.525 28" SPAN RCP Ets V.// TRASH GUARD FA 2 S1,565.60 53.131.20 50,00 0 90.00
11 2501.525 3E' SPAN RCP ris WI TRA$f I GUARD EA 2 $2,183.60 54,30.20 2 $4,367 20 2 54,362.20
12 2501.571 INSTALL SALAVAGED CONCRETE PIPE CULVERT ALL TYPES & WES) LF 8S $21.63 51.838.55 0 90.00 I) 50.00
13 2502.521 is" (MP DRIVEWAY CULVERT VJ/ APRON LF 326 526.84 $9.401.84 155 $4,585,56 159 54,585.56
14 2502.52: 18" CMP DR1VE20AY CU;.VERT W/ APRON is 120 533 99 64,078.80 28 $951.72 28 595'2.7:
15 2503 511 15" RCP CL.5 STORM SEWER PIPE LF 126 $26.78 53,374.20 0 50.00 0 60.00
16 2503.511 18" RCP CL, 5 STORM SEWER PiPE LF 61 529.37 51,622.07 50.00 $0.06
17 2503.511 21' RCP CL,5 STORM SEWER PIPE LF 226 $39.00 57;584.00 0 SOW SOW
18 2506.502 48' DIAME1ER MANHOLE. TyPE 4065 EA 0 52,256.6e 913.896,00 0 5000 $0.00
19 2506601 INFILTRATION BASIN EA 6 5600,00 53660,00 0 $000 0 50.00
20 2511,501 Ci., 3 RIPRAP W/ GEOTEXTILE FRIER f ABRIC 11 94.2 5100.00 59,4 C,.C.0 10.8 $1,080.06 11 51,080.00
21 2511.501 CL. 4 RIPRAP W/ GEOTEXTILF FILTER FABRIC CY .162 5105.00 51,701.00 0 50.00 50,00
SUBTOTAL - DIVISION 3 5103,086.54 $17,741.48 507,741.40
MN/ETOT
ITEM DESCRIPTION OF PAY ITEM
NO.
CONTRACT THIS PERIOD TOTAL TO DATE
UNIT
QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT
DIVISION 4 - STREETS AND RESTORATION
1 2104,501 REMOVE & DISPOSE OF EXIST, CONCRETE CURB & GUTTER IF 213 53.09 5658.17 0 50.00 0 $0.00
2 2104.501 REMOVE & DISPOSE OF EXI5T. FLUME (ALL TYPES) EA 5 6360.50 52,163.00 0 50.00 0 MOO
3 2104.505 REMOVE & DISPOSE OF EXIST. BITLIAIINOLIS PAVEMENT SY 19,710 51.00 519,710.00 6,514 56,534.00 6,534 >6.534.00
4 2104,509 REMOVE SIGN EA 18 530.00 5540.00 le 5540.00 18 5540.00
5 2104.523 SAIVAGE MAILbOx EA 20 525.00 5500.00 20 5500.00 20 $500.00
6 2104.523 SALVAGE POST & SIGN EA 9 530.00 $270,00 9 $279.06 9 5270,00
7 2105501 COMMON EXCAVATION IPI CY 19.252 58.00 5154,016.00 1,907 515,256.00 1,907 515.25e.00
6 2105.522 SELECT GRANULAR BORROW ICY), SPEC 3149.28 CY 8,527 58.29 370688.83 305 52,525.45 305 52,528.45
9 2105.604 GEOTEXTRE FOR ROAIT STABILIZATION: 6.16DOTTYPE V SY 300 51.00 5300,00 900 5900.00 900 59011.631
10 2106.607 SUBGRADE CORRECTION CO 100 515.00 $1,500.00 244 53.660.00 244 53.600.00
11 2112.501 SUBGEADE PREPARATION (ROADWAY) RS 65 5100.00 56,500.00 3 5300.06 3 53D0.01
12 2211.501 (.1.6 AGGREGATE 005E TN 7.534 58.50 564,039,00 99.96 5849.66 100 5849.66
13 2357.502 BITUMINOUS MATERIAL F011 TACK COAT GA 1,044 53.00 $3.432.00 0 50.00 a $0.00
14 2360.501 SPWEA2409 BITUMINOUS WEARING COURSE (STREETS) TN 1,867 506.00 5123.221.00 0 50,00 0 $0,00
15 2360.501 SPWEA2406 BITUMINOUS WEARING COURSE (DRIvES; TN 115 580.00 59,200.00 0 50.08 0 50.00
16 236C.502 SPNW82.305 BITUMINOUS NON -WEARING COURSE (STREETS) TN 3,111 $58.00 $180,4313.08 0 50.00 0 $000
17 2502.501 4" PRECAST CONCRETE HEADwALI. EA 6 5412.00 $2,472.00 0 50.00 0 $0.00
18 2.602.541 4" PERFORATEU PVC EDGE DRAIN W/BACKFILL & WRAP LE 8,083 53.50 521,290.00 SOO 51,750.00 500 51,750.00
19 2502.602 DRAINTILE CLEANOUT (INCL. PIPE, FITTINGS, &STEEL CAP) EA 26 5155.00 54,030.00 0 .50.00 E., 50.00
20 2502.602 DRAINTILE CONNLCTION INTO CATCH BASIN EA 10 5250.00 $2.500.00 0 30.00 0 50,02
21 2531.501 B4:8 CONCRETE CURB & GUTTLTI LE 12,660 58.34 5105.501.00 0 $0.00 0 50.00
22 2531.602 CONCRETE PEDESTRIAN RAMP EA 1 5400.00 $400.00 0 50.00 0 50.00
23 2.531.602 CONCRETE CURB CUT EA 38 510E00 S380.00 0 50.00 0 50.00
24 2131,602 6" CONCRETE ELTIME SY 82 "536.00 52,952.00 0 50.00 0 $0.00
25 2033.618 CAST IRON TRUNCATED DOME P4NEL5 SF 8 550.00 5400.00 0 $0,00 0 30.00
26 2540.602 INSTALL SALVAGED MAILBOx EA 20 510.00 $2uo.00 o 6.0,00 0 $0.00
27 2554.602 PEILMANENTBARRIcADE FA 1 5400.00 5900.00 0 50.00 0 $0.08
28 25E4,531 INSTALL 5tGN PANELS, TYPE C ONCOMING POSTS & A(SEMBLY) EA 18 555,00 $990.00 0 30.00 0 50.00
29 2564.531 INSTALL SALVAGED sIGN EA 9 550.00 6450.00 0 Moo 0 $0.0
30 2554.533 FURNISH SIGN PANELS, TYPE C 5F 117 524.00 52,808.00 0 50.00 0 50.06
31 2562,501 4" SOLID DOUBLE LINE YELLOW - EPDXY LE 4,720 50.62 52,925.40 IJ 50.00 0 $0,00
32 2582,502 4" SOLID LINE WHITT - EPDXY LE 12,240 50.32 53,916.80 0 50.00 a $0.00
33 2582.502 4" SOLID LINE YETLOW - EPDXY LE 755 50.31 $234.05 0 SOCIO 0 $11.00
34 2582,502 4' BROKEN LINE YELLOvV . EXPDXY LF 1,265 $0.10 5126.50 0 50.00 a 50.00
35 ) 2582..602 24" SOLID LINE YELLOW- EPDXT' Li: n 515.45 5386.25 0 50.00 U 50.00
SUBTOTAL - DIVISION 4 $70,240,50 500,000.51 533.058.11
TOTALS $1,606,833.47 $348,189.50 $348,189.60
THE CITY OE
AKE FLMO
MAYOR AND COUNCIL COMMUNICATION
DATE:
CONSENT
ITEM #:
RESOLUTION
6/18/2013
AGENDA ITEM: Lake Elmo Avenue Sewer Infrastructure Improvements: 1-94 to 30th Street
— Approve Plans and Specifications and Order Advertisement for Bids
SUBMITTED BY: Jack Griffin, City Engineer
THROUGH: Dean A. Zuleger, City Administrator
REVIEWED BY: Adam Bell, City Clerk
Cathy Bendel, Finance Director
Mike Bouthilet, Public Works
SUGGESTED ORDER OF BUSINESS (if removed from the Consent A venda):
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
SLTMMARY AND ACTION REOUESTED:
The City Council is respectfully requested to consider approving the plans and specifications and
ordering the advertisement for bids for the Lake Elmo Avenue Sewer Infrastructure
Improvements: 1-94 to 30'1' Street. If removed from the consent agenda, the recommended
motion for this action is as follows:
"Move to approve Resolution No. 2013-47, Approving the plans and specifications
and ordering the advertisement for bids fOr the Lake Elmo Avenue Sewer
infrastructure Improvements: 1-94 to 30th Street."
STAFF REPORT:
Plans and Specifications have been completed for the Lake Elmo Avenue Sewer Infrastructure
Improvements: 1-94 to 30'11 Street. The project is the first phase of a multi -phase plan to bring
municipal sewer service to the Village area by constructing a lift station, forcemain and trunk
gravity sewer line. The improvements are necessary to convey wastewater from the Village area,
along Lake Elmo Avenue to the MCES meter station located on Hudson Boulevard. Trunk
gravity sewer pipe will be installed in the area south of 10th Street to make sewer service
available to future development in the 194 east corridor area. The project need is documented in
1
the city's 2030 Comprehensive Plan and has been programmed in the 2013 Capital Improvement
Program.
The improvements include:
The Village lift station located just north of 30th Street and east of Reid Park, consisting
of a 12-foot diameter concrete wet well, two 1,200 gallon per minute submersible
pumps, electrical/SCADA control panel, chemical feed odor control system, standby
generator, and lift station site work.
Directional drilling (trenchless installation) of 16,250 feet of 16-inch forcemain along
30th Street and Lake Elmo Avenue to a location just south of Cimarron.
Open trench installation of 4,140 feet of 24 inch diameter trunk sewer pipe from the
southern edge of Cimarron to Hudson Boulevard.
The Engineer's opinion of probable construction cost is $3.3 million (to be compared to
contractor bids). The total "post -design" engineer's estimate of project cost is $4.5 million vs. a
CIP project budget amount of $4.9 million.
The preparation of plans and specifications was ordered at the March 19. 2013 council meeting.
With council's approval a bid date is scheduled for July 23, 2013. The City Engineer will receive
and review bids and present a recommendation for award of the construction contract for council
consideration on August 6, 2013 (see attached schedule).
FUND)[ING:
The project will be partially funded from the $1.0 million DEED Sewer Grant. The state's
obligation to fund the DEED Grant shall terminate if the entire Grant has not been disbursed by
December 31, 2014. The remaining project costs will be funded through the issuance of bonds
with the debt retirement to be funded through the collection of Sewer Availability and Sewer
Connection charges established by the city.
RECOMMENDATION:
Staff is recommending the City Council approve, as part of the Consent Agenda, Resolution No.
2013-47, thereby approving the plans and specifications and ordering the advertisement for bids
for the Lake Elmo Avenue Sewer Infrastructure Improvements: 1-94 to 30th Street. If removed
from the consent agenda, the recommended motion for this action is as follows:
"Move to approve Resolution No. 2013-47, Approving the plans and spec cations
and ordering the advertisement ,for bids for the Lake Elmo Avenue Sewer
Infrastructure improvements: 1-94 to 30th Street."
ATTACHMENT(S):
1.. Resolution No. 2013-47
2. Project Exhibit
3. Project Schedule
(Project Plans and Specifications available for review at City Hall)
2
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2013-47
A RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS FOR THE
LAKE ELMO AVENUE SEWER INFRASTRUCTURE IMPROVEMENTS:
1-94 TO 30TH STREET
WHEREAS, pursuant a resolution passed by the city council on the 19th day of March,
2013, the city engineer, together with TKDA has prepared Mans and specifications for the Lake
Elmo Avenue Infrastructure Improvements from 1-94 to 30 Street and has presented such plans
and specifications to the council for approval.
NOW, THEREFORE, BE IT 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.
The City Clerk shall prepare and cause to be inserted in the official paper and in Finance
& Commerce 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 EIGHTEENTH DAY OF
JUNE, 2013.
CITY OF LAKE ELMO
By:
Mike Pearson
Mayor
(Seal)
ATTEST:
Adam Bell
City Clerk
Resolution No. 2013-47
wansrl4NG
vALLEYT •
wau �_�r4iN�3TJs
A, Ili+::
Proposed Lift Station
Location
,rant ^rnt a
Tfl SE
7.1
36
Gravity Sewer Alignment
—
MCES Meter Station
Connection
LAKE ELMO AVENUE SEWER INFRASTRUCTURE IMPROVEMENTS: 194 TO 30TH STREET
LOCATION MAP
Legend
Proposed Porcemain
igc.1 Proposed Gravity Sewer
is City Bail k
PUNIC Works 6u31ding
651.1,414
Fire Stations
Schoota
Parcels
Subdivtalons
City Parks
Gall Course
Lake Elmo Regional
Park Reserve
Pali On.
Lakes
Map Date: dune 2013
FOCUS ENGINEERING, Inc.
PROJECT SCHEDULE
DATE: March 12, 2013
ENGINEERING, inc.
Cara GeherenRE.
lack Griffin, P.E.
Ryan Stempski, P.E.
Chad |sakson,P.E.
651.300.4261
651.300.4264
651.300.4267
651.300.4283
City of Lake E|OOO/ Minnesota
Project 't KJ�}, 2013.123
| ake ElM1[J Avenue Sewer Infrastructure Improvements: 1-94to 3°th S+DB2f
March 19'2013 Council Workshop — Address Scope of Improve me'ts/P rojectSchedule
March l9,ZOI3 Council orders preparation of Plans and Specifications/approves Engineering Contract
March 26,I0l3 Project kick-off meeting [8Weeks for Design]
June lQ,2O13 City Engineer presents Plans and Specifications for Council approval
June Zl,ZO13 Placement ofAdfor Bids
July 33,ZO13 Receive Contractor Bids
August 6,2013 City Council accepts bids and awards Contract
September 9'2O13 Issue Notice toProceed. Contractor begins Work
DecennberZ0, 2013 Substantial Completion [includes all pipe installation, Lift Station start-up, paving]
15Weeks [Q'l2week pump & control panel lead time]
June 1,2Ol4 Final Completion [includes restoration, and punch list items]
TI-1FL Cf`fl' OF
AKF FLM()
AGENDA ITEM:
SUBMITTED BY:
THROUGH:
REVIEWED BY:
MAYOR AND COUNCIL COMMUNICATION
Easement Encroachment Agree en
Nick Johnson, City Planner
Dean Zuleger, City Administrator
Rick Chase, Building Official
Adam Bell, City Clerk
DATE: 06/18/2013
CONSENT
ITEM #: 9
5747 Linden Avenue North
SUGGESTED ORDER OF BUSINESS (if removed ft-mu the Consent Arenda):
- Introduction of Item Staff
- Report/Presentation Staff
- Questions from Council to Staff Mayor Facilitates
Public Input, if Appropriate Mayor Facilitates
Call for Motion Mayor Is'z City Council
Discussion Mayor & City Council
Action on Motion Mayor Facilitates
SUMMARY ANT) ACTION RE9UESTED:
The City Council is respectfully requested to authorize as part of tonight's Consent Agenda the execution
of an easement encroachment agreement. The City has received a request to install a fence within a
drainage and utility easement area as part of a swimming pool penult at 5747 Linden Avenue North.
Approval of the requested agreement would allow the property owners to construct the requested
improvement within the City's drainage and utility easements located on their private property.
BACKGROUND AND STAFF REPORT:
The City holds easements of different sizes and for different purposes on tnany residential and
commercial properties throughout the city. When a resident is interested in putting a structure within an
easement, the city has requested the property owner provide a site plan showing where the improvement
is proposed to be located, a detail of what the improvement will look like and how it will function, After
that information is received, Staff reviews the proposed improvement and the use of the easement to
determine if the proposed improvement will impede the functionality of the easement. If Staff determines
that the improvement will not negatively impact the functionality of the easement, an approved building
permit showing the requested work and an Easement Encroachment Agreement is needed before the work
may commence,
The Easement Encroachment Agreement that has been submitted for Council consideration is for a fence
and has been reviewed by planning staff. The proposed fence meets all city code requirements and Staff
would have otherwise authorized construction of the fence if it did not encroach into a drainage and utility
easement.
Page 1 of 2
The Easement Encroachment Agreement is a legal document which has been signed by all property
owners seeking to install an improvement within an easement. The document, among other things,
indemnifies the city from responsibility if damage occurs to the improvement or if it needs to be removed
at some point in the future.
RECOMMENDATION:
Based upon the above background information and staff report, it is recommended that the City Council
approve the Easement Encroachment Agreement as part of tonight's Consent Agenda.
ATTACIEVIENT(51
1. Easement Encroachment Agreement -- 5747 Linden Avenue North
Page 2 of 2
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made this day of 2013, by and
between the CITY OF LAKE ELMO, a Minnesota municipality (hereinafter "City"), and Jason
Ligday (hereinafter "Owner") and their successors in title.
WHEREAS, the City has an easement for drainage and utility purposes over that part. of
the property legally described on the attached Exhibit A. located in Washington County,
inneso fa;
WHEREAS, Owner is desirous of constructing a fence ("The Improvements") within the
Easement; and,
WHEREAS, the permission granted herein is limited to The Improvement proposed
within the easement.
NOW, THEREFORE, in consideration of the premises and for good and valuable
consideration, the receipt of which is acknowledged, the City will permit the encroachment on its
easement area as set forth herein and subject to the conditions set forth below;
Owner and successors in title may install and maintain The Improvements in the
configuration directed by the City and in accordance herewith.
Owner must notify the City at least forty-eight (48) hours before construction,
repair and/or maintenance work commences within the easement. No such work shall take place
without the City staff being given the opportunity to be present at the site. Further, if the City
determines in its reasonable estimation that any proposed work may potentially cause an unsafe
condition or damage or impair the City's easement area, the City shall have the authority to
prevent such work from being done by giving notice to Owner; notwithstanding the foregoing, in
the event of an emergency situation aridlor the existence of an unsafe condition of Owner's land,
the prescribed forty-eight (48) hour notice requirement shall be waived by the City. However, in
the event of such situation, said waiver shall not relieve Owner from their obligation to notify the
City in a timely and practical manner. The City shall have no obligation to notify Owner of their
intent to do work.
3. To the fullest extent permitted by law, Owner, their successors and assigns agree
to release, defend, protect, indemnify, save and hold harmless the City, its agents, directors,
employees and contractors against any and all claims, costs and liabilities, including the costs of
defense for damages, injury or death arising from or in any way connected to the installation,
maintenance, repair, removal and/or presence of The Improvements permitted hereunder,
regardless of whether such harm is to Owner, the City, the employees or officers of either or any
other person o
xcept shall not be liable under this paragraph for loss or darnage to the
extent resulting from the negligence or intentional acts of the indemnified parties.
4, The permission granted herein is limited exclusively to the proposed improvement
within the City's easement. Owner shall not alter the grade, perform any other site disturbing
activities, or permit such alteration anywhere upon the land upon which the City has reserved its
easement without proper express written consent of the City. Owner shall construct and
maintain The Improvements in compliance with all applicable laws and in good repair.
Owner shall, at all times, use hest efforts to conduct all of activities on said easement area in
such a manner as to not interfere with or impede the operation of the City's easement and related
activities in any manner whatsoever and shall remove The Improvements at no cost to the City
when directed by the City The work shall be done and The Improvements maintained in
conformance with the direction of the City,
{SIGNATURES ON FOLLOWING PAGES]
3
STA IL OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this LS day of , 2013, before me. a Notary Public,
personally appeared Jason Ligday: property owner, who signed the foregoing instrument and
acknowledged said instrument to be his free act and deed.
AN MARIE ZIERTMP
Notary Public -Minnesota
My Commissiron E
THIS INSTRUMENT DRAFTED BY:
David K. Snyder
Eckberg, Lammers, Brags, Wolff & V luting, P.L.L.P.
1809 Northwestern Avenue
Stillwater, MN 55082
CITY OF LAKE ELMO
By By
Mike Pearson, Mayor Dean A. Zuleger, City Administrator
STATE OF M1NNE,SOTA )
) ss.
COUNTY OF WASHINGTON )
On this day of 2013, before me, a Notary Public,
personally appeared Mike Pearson, Mayor of the City of Lake Elmo, a Minnesota municipality
within the State of Minnesota, and that said instrument was signed on behalf of the City of Lake
Elmo by the authority of the City Council of the City of Lake Elmo, and acknowledged said
instrument to be the free act and deed of said City of Lake Elmo.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this day of , 2013, before me, a Notary Public,
personally appeared Dean A. Zuleger, City Administrator of the City of Lake Elmo, a Minnesota
municipality within the State of Minnesota, and that said instrument was signed on behalf of the
City of Lake Elmo by the authority of the City Council of the City of Lake Elmo, and
acknowledged said instrument to be the free act and deed of said City of Lake Elmo.
Notary Public
4
EXHIBIT A
Lot 4, Block 1, Si. Croix's Sanctuary (5747 Linden Avenue North, Lake Elmo, MN 55042)
THE CITY OF
DATE:
CONSENT
ITEM #:
6/18/2013
10
AGENDA ITEM: Order Abatement Actions — 9447 Stillwater Blvd.; 9224 31' St. N.
SUBMITTED BY: Dean Zuleger, City Administrator
THROUGH: Mike Pearson, Mayor
REVIEWED BY: Dean Zuleger, City Administrator
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
SUMMARY AND ACTION REOUESTED:
The City Council is respectfully requested to consider approving abatement actions for the two
properties stated below-.
The City of Lake Elmo has been working with two extreme nuisance properties — 9447 Stillwater
Boulevard (Johnson) and 9224 31N. (Hardy) for a better part of twelve months. The City has
used all of its legal remedies to clean up both properties, including eviction and Washington
County Health abatement orders. As of the writing of this memo all efforts to clean up both
properties have stalled and they continue to deteriorate the quality of life for neighbors living
around both properties. The staff will like to request that the City Council to enact §96.11 of
municipal code and order abatement (clean up) on these two properties.
BACKGROUND INFORMATI ON:
§96.11 of the City Code reads:
"If any nuisance occurs as defied in §96.01, the Council may, by majority vote, order the
owner, lessee, or occupant or any person having care or control of the lot or land to abate the
nuisance. The Council shall issue a written notice to the person allowing 5 days after the notice is
served for the person to comply.
City Council Meeting [Consent Agenda Item 10]
June 18, 2013
Further, §96.12 reads:
"If any nuisance is not abated within 5 days in compliance with the notice, the Council
shall cause the nuisance to be abated. The Council shall recover the actual cost of the abatement
by civil action, against the person or persons served. Alternatively, if service has been made
upon the record owner, as shown on the records, of the County Auditor, collection may be made
by ordering the Administrator to extend the sum, plus 25% of its special assessment against the
property upon which the nuisance existed. The amount shall be certified to the County Auditor
for collection in the same manner as taxes and special assessments are certified and collected."
9447 Stillwater Blvd. has been clouded in nuisance and unruly tenant behavior for at least 1 5
months. The landlord has formally evicted the tenants and they have left — but mounds of debris
and discarded material remain on the front lawn of the residence and scattered throughout the
property. Attempts to get the site cleaned up via voluntary compliance of the landlord have been
unsuccessful. The current residence has been red tagged as uninhabitable.
9224 31' St. North has been a chronic problem for the City. In the spring of 2013, the
Washington County Health Department issued clean up orders for nuisance / health violations on
the outside of the property. No progress has been made to clean up the site. It is the City's belief
that there is no running water to the site and the residence is uninhabitable.
glEc0114111TNDATION:
Staff is recommending that the City Council consider approving, as part of the Consent Agenda,
the abatement actions on these two properties If removed from the consent agenda, the
recommended motion for this action is as follows:
"Move to enact §96.11 and §96.12 of the City of Lake Elmo Code to abate 9447 Stillwater.
Blvd. based on the definition of nuisance in § 96.01 of the city code,"
and
"Move to enact §96.11 and §96.12 of the Lake Elmo City Code to abate 9224 31st Street North
based on the definition of nuisance in 06.01 of the city code."
ATTAcHIVIENT(S):,
. Abatement Code Provisions
2
§96.O1 GENERALLY.
Nuperson, firm, corporation, nrassociation shall cause, suffer,orpermit any nuisance as
defined in §§ 96.01 et seq. to exist or to be maintained upon property situated in the whole or in part
within the limits ofthe City ofLake Elmo.
Ifany nuisance occurs as defined ing§QG.0letseq.,the Council may bvmajority vote order the
owner, lessee, or occupant or any person having care or control of the lot or land to abate the nuisance.
The Council shall issue a written notice to the person allowing 5 days after the notice is served for the
person tocomply.
§96,12 ASSESSMENT OF COSTS,
If the nuisance is not abated within 5 days in compliance with the notice, the Council shall cause
the nuisance tobeabated, The Council shall recover the actual cost ofthe abatement bycivil action
against the person m,persons served, Alternatively, ifservice has been made upon the record owner, as
shown on the records, of the County Auditor, collection may be made by ordering the Administrator to
extend the sum, plus 25Y6ofit as spodaiassessment against the property upon which the nuisance
existed, This amount shall be certified to the County Auditor for collection in the same manner as taxes
and special assessments are certified and collected.
CI"): F
LA K E M 0
AGENDA ITEM:
SUBMITTED BY:
THROUGH:
REVIEWED BY:
MAYOR AND COUNCIL COMMUNICATION
DATE:
REGULAR
ITEM #:
ORDINANCE
Zoning Texi Amendment -- Sign Ordinance
Nick Johnson, City Planner
Dean Zuleger, City Administrator
Planning Commission
Kyle Klatt, Planning Director
SUGGESTED ORDER OF BUSINESS:
6/18/2013
11
Introductionof 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
SUMMARyAND ACTION REQUESTED:
The City Council is asked to consider a Zoning Text Amendment, establishing new signage regulations in
Lake Elmo. These signage provisions will be organized under Article 5 - General Regulations under the
new organizational structure of the Zoning Code. This Zoning Text Amendment is part of the ongoing
effort to reorganize and improve the Lake Elmo Zoning Code.
The Planning Commission reconnnends the City Council approve Ordinance 08-082 through the
following motion:
"Move to approve Ordinance 08-082, establishing new signage regulations in the Lake Elmo Zoning
Code."
In addition, Staff recommends that the City Council approve Resolution No, 2013-48, authorizing
SUMMaly publication of Ordinance 08-082, through the _following motion:
"Move to approve Resolution No. 2013-48, authorizing summary publication qf Ordinance 08-082."
BACNGROUNDAND STAFF REPORT:
Staff is continuing to progress on a large project aimed at incrementally reorganizing and improving the
Lake Elmo Zoning Code in preparation of upcoming growth. One of the ordinances that was identified as
needing improvement was the Sign Ordinance. More specifically, the ordinance is confusing, poorly
organized and overly restrictive in some areas. hi addition, there are some provisions of signage that are
not adequately addressed in the existing ordinance. Therefore, Staff researched several sign ordinances
from various communities to find a more comprehensive and better organized ordinance that would
address all considerations related to signage. The proposed ordinance is organized under Article 5 —
General Regulations within the Zoning Code. Staff determined that is was important to incorporate best
practices related to signage the in advance of future growth in the community.
The Planning Commission reviewed the proposed Sign Ordinance at a regular meeting on May 13, 2013.
At this meeting, the Planning Conunission made several recommendations related to additional research
and provisions contained within the draft ordinance Staff responded to these recommendations by
making refinements to the ordinance. The Planning Commission held a public hearing on the proposed
Sign Ordinance on May 29, 2013. No one spoke in favor or against the ordinance at the public hearing.
The Planning Commission recommended the proposed ordinance for approval. In addition, the motion
for approval included a recommendation by the Planning Commission to investigate the creation of a sign
district in downtown Lake Elmo (Vote: 4-1, with Commissioner Dorschner voting no due to his lack of
support for a downtown sign district).
The City Council reviewed the proposed ordinance at a meeting on June 4, 2013. At the meeting, the
ordinance was postponed for further discussion and consideration. The Council discussed the proposed
sign ordinance at a City Council Workshop on June 11, 2013. At the workshop, the following
amendments to the ordinance were suggested:
• The allowed signage area for multi -family residential buildings was increased to 32 square feet.
• The location standard (F.2.c.iii) pertaining to signage near intersections, hydrants, alleys and
other drives was changes to apply only to ground signs.
• The design consideration limiting the amount of colors used in a sign was removed.
• One additional off -premises sign was allowed for agricultural sales businesses.
• Grass is allowed to serve as landscaping at the base of ground signs.
• The area allowance for political signs was removed to be consistent with State Statute.
• The non -conforming signs section was revised to be consistent with State Statute and the Lake
Elmo Zoning Code.
It should also he noted that Staff is recommending to delete all of the existing definitions pertaining to
signage in the City Code in order to not have any conflicts between existing terminology and the
proposed ordinance. In addition, Staff is recommending that the term "vision triangle" be defined in the
code, as it is used in the proposed ordinance and is not currently defined. These changes arc also found
within Ordinance 08-082.
Overall, the proposed ordinance is more comprehensive and better organized, making it easier to
administer. Given the future growth that is likely to occur in the corning years, it is helpful to have
signage regulations that address all of the different situations related to signage, while having an
ordinance in place that is straightforward.
RECOMMENDATION:
The Planning Commission recommends the City Council approve Ordinance 08-082 through the
,following motion:
"Move to approve Ordinance 08-082, establishing new signage regulations in the Lake Elmo Zoning
Code."
In addition, Staff recommends that the City Council approve Resolution No. 2013-48, authorizing
summit?! publication of Ordinance 08-082, through the following motion:
"Move to approve Resolution No, 2013-48, authorizing summary publication of Ordinance 08-082."
ATTACIIMENT(5):
1. Ordinance 08-082
2. Resolution No. 2013-48
2
CITY OFLAKE ELMO
COUNTY OF WASHkNGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-082
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADOPTING NEW SIGNAGE REGULATIONS IN THE LAKE ELMO ZONING CODE.
SECTION1. The City Council of the City 0fLake Elmo hereby amends Title XV:
Land Usage; Chapter 151 - B0i iding Regulations, by repeating City Code Sections
151.115 through 151.119 in their entirety.
SECTION 2.The City Council of the City of Lake Elmo hereby amends Title 1:
General Provisions; Chapter 11: General Code Provisions; Section 01 Definitions by
repealing the following language:
SIGN. Any letter, word or symbol, device' poster, picture, statue, reading matter or representation
visual �mm�co�on whether
in the nature nfan advertisement' announcement, message, o,communication,
painted, posted' printed, affixed or constructed, which is displayed for informational n, communicative
purposes and isvisible tothe general public.
SIGN, ABANDONED. Any sign and/or its supporting sign structure which remains without a message
orwhose display surface remains blank for aperiod ofl year nrmore, nrany sign which pertains too
time, event orpurpose which no longer applies, shall bedeemed to have been abandoned. Signs
applicable to a business temporarily suspended because of a change in ownership or management of
such business shalt not be deemed abandoned unless the property remains vacant for a period of 1 year
or more. Any sign remaining after demolition of a principal structure shalt be deemed to be abandoned.
Signs which are present because nfbeing legally established nonconforming signs orsigns which have
required a conditional use permit or a variance shalt also be subject to the definition of ABANDONED
SIGN, AGRICULTURAL SALES. Asign placed onalot orparcel ofland advertising anoperating and
permissible aghcuburm(sates business. Off -premises AGRICULTURAL SALES SIGNS shall bc
administered as temporary signs subject to all removal requirements outlined in code.
SIGN, AWNING. Aoign or graphic printed on or in some fashion attached directly to the awing
material.
SIGN, BANNER. 4 temporary sign typically made ofcloth, plastic or vinyl materials.
SIGN, BILLBOARD. A sign structure with a surface area over 100squana feet per surface that
identifies or communicates commercial ornon'commerda\ message.
SIGN, BUSINESS VEHICLE IDENTIFICATION. A sign that ixpermanently mounted nrotherwise
permanently affixed to a vehicle, trailer, or sernitraiter which identifies the business, products, or
1
services with which the vehicle, trailer, ursemitrailer is related. For purposes ofthis definition,
magnetic and adhesive signs shall beconsidered osbeing permanently affixed. This definition shall also
include non -permanently affixed signs that do not exceed ]I square feet erected in concert with a
legally operating wayside stand. Bumper stickers and similarly sized adhesive decals shall not be
considered BUSINESS VEHICLE IDENTIFICATION SIGNS.
SIGN, CANOPY. Asign that is mounted, pointed, orotherwise applied onnrattached toa
freestanding canopy or structural protective cover over an outdoor service area. Anawning ore
marquee isnot acanopy.
SIGN, CHANGEABLE COPY. 4siQn designed toallow the changing of copy through manumL
mechanical, or electrical means including time and temperature.
SIGN, DIRECTIONAL. An on'sitesign for the purpose of making specific locations known and to
assist infinding these locations (e.g. "Parking," "Shipping Receiving Area").
SIGN, ELECTRONIC VARIABLE MESSAGE. Adynamic signs whose message are changed mt
reasonable intervals by electronic process or remote control and whose movement is the periodic
changing of information against solid background, engineered for maximum legibility and readability,
and having constant light level and glare reduced screens. This definition does not include static
time, temperature and price displays which only change when necessary for accuracy.
SIGN, FLAG, Any fabric or similar lightweight material attached at one end of the materie(, usually
to a staff or pole, so as to nUVw movement of the material by atmospheric changes and which contains
distinctive colors, patterns, symbols, emblems, insignia, orother symbolic devices.
SIGN, FREESTANDING. Anign that is attached to, erected on, or supported bysome structure (such
as pole, mast' frame, orother structure) that is not itself anintegral part nfnrattached to a building
or other structure whose principal function is something other than the support of sign. Monument,
pole, and ground signs are all FREESTANDING SIGNS.
SIGN, GOVERNMENTAL. Asign erected and maintained bynronbehalf of the United States, the
state, the county, or the city for the purpose of regulating traffic or for other civic purposes; the size,
location, and height ofwhich is dictated by the applicable agency to fulfil( the intended civic purpose.
SIGN. GROUND, Any freestanding sign with its sign face mounted on the ground or mounted on u
base at least aowide asthe sign and which has a total height not exceeding 6 feet.
SIGN, HISTORIC. An existing sign which has aspecial historical, architectural, cultural, or aesthetic
value tothe community.
SIGN, ILLUMINATED. Any sign which contains anelement designed toemanate artificial tight
directly nrindirectly.
SIGN ILLUMINATION, BACK LIT. 4 direct source of light which illuminates a sign byshining throuoh
o translucent surface of sign, including plastic signs, [it from an internal light source,
-
SIGN ILLUMINATION, DIRECT. Asign whose light source is either located in the interior of the sign
so that the rays go through the face of the sign, or which is attached to the face of the sign and is
perceived asadesign element ofthe sign.
2
SIGN ILLUMINATION, EXTERNAL. Illumination of a sign that is affected by an artificial source of
tight not contained within the sign itself,
SIGN ILLUMINATION, INDIRECT. 4sign whose light source is external bzthe sign and which casts its
light onto the sign from some distance.
SIGN ILLUMINATION, REVERSE LIT. 4diroct source oflight which illuminates asign bvshining off
an opaque surface of a sign thereby casting the light off the wall behind the sign creating a halo effect.
SIGN, MONUMENT, Any freestanding sign' with its sign face mounted on the ground ormounted un
a base at least as wide as the sign and which has a height exceeding 6 feet.
SIGN, MURAL. Any mural or pictorial scene painted on a wall orbuilding or painted onasign board
affixed to a watt, and in which mural or scene has as its purpose an artistic effect.
SIGN, A commercial speech sign which directs the attention of the public toa
business' activity conducted, orproduct sold or offered at location not on the same tot where such
sign is located. 4sign located within an easement Vrother appurtenance ton tot onwhich a business is
located shall be deemed an OFF -PREMISES SIGN.
SIGN, PERMANENT, A sign constructed of durable materials designed tnexist for the duration o/
time that the use or occupant is located on the premises.
SIGN, POLE. Any freestanding signvvhich has its xupporth/estructune(s) anchored in the ground and
which has a sign face elevated aboveground level by pole(s) or beam(s) and with the area below the
sign face open
SIGN, PORTABLE, 4sign not permanently attached to the ground mabuilding or designed to be
permanently attached to the ground or a building,
SIGN, PROJECTING. A sign attached to and projecting out from a building face orwall, generallyat
a�ghtangle.
SIGN, ROOF. Any sign erected and constructed wholly on and above the roof of a building,
supported bythe roof structure, and extending vertically above the highest portion ofthe roof,
SIGN, REAL ESTATE DEVELOPMENT. A sign offering for sate, (ease, or rent n single-family or
mu\tip(e'fami\y residential project of 10 or more dwelling units or tots. REAL ESTATE DEVELOPMENT
SIGNS shalt be administered as permanent signs subject to all removal requirements outlined in code.
S/6/V, SNIPE. Anoff-premises sign that is tacked' nailed, posted, pasted' glued, or otherwise
attached to trees, poles, stakes, fences. ortnother object,
SIGN, TEMPORARY. Any sign intended for display over ashort period oftime,
SIGN, WALL. A sign attached to or erected against the wall of a building with the exposed face of
the sign on a plane parallel to the plane of the watt, and which displays only 1 sign surface.
SIGN, WARNING. Asign located onprivate property posting such property for warning o/
prohibitions on trespassing, hunting, or other activity.
SIGN, WINDOW. Any building sign, pictures, symbol, or combination the,eof, designed to
communicate information about an activity, business' commodity, event, sale, or service, that is
placed inside a window or upon the window panes or glass and is visible from the exterior of the
window.
SECTION 3. The City Council of the City of Lake Elmo hereby amends Title 1:
General Provisions; Chapter 11: General Code Provisions; Section 0 1 Definitions by
adding the following language:
Vision Triangle. The area created by drawing an iD18giD6p/ line between points 30
feet back from where the curb Lines of the intersection quadrant meet.
SECTION 4. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by adding the following language:
Article 5 - General Regulations
9154.212 Sign Regulations
5154.212 Sign Regulations
A. Purpose mnd Intent. The purpose of this Ordinance is to provide standards to safeguard life,
health, and property and to promote the public welfare by regulating the design, area,
number, construction, location, and installation ofai( signs referred to hereunder. The City
Council and Planning Commission of the City of Lake Elmo find that the visual environment has
an effect on the welfare of the citizens of Lake Elmo and that careful control of signage can
protect and enhance the community. Tocarry out this general purpose' the regulations set
forth herein are intended to:
1. Protect the public from hazards that result from signs which are structurally unsafe,
obscure the vision of motorists and/or compete or conflict with necessary traffic signals
and warning signs.
2. Preserve the land value nfprivate property byassuring the compatibility of signs with
nearby land uses.
]. Foster high quality commercial and industrial development and to enhance economic
development of existing businesses and industries by promoting reasonable, orderly,
attractive and effective sign that meet the need for business identification, advertising and
communication,
4. Encourage creative and well -designed signs that contribute in m positive way tn the
community's visual environment' express local character and help develop a distinctive
image inthe city. When appropriate, oignageisencouraged toutilize design elements that
are consistent with the Lake Elmo Branding and Theming Study.
5. Recognize that signs are a necessary form of communication and provide flexibility within
the sign review and approval process to allow for unique circumstances.
6. Provide applicants with clear and consistent rules and regulations,
4
B. Definitions. The following words, terms and phrases' when used in this oecton, shall have the
meanings ascribed hzthem inthis subsection, except where the context clearly indicates o
different meaning:
Abandoned Sign. Any sign remaining in place which for period ofninety (90) consecutive days
or more no longer advertises or identifies an ongoing business, pnnduct, service, idea, or
commercial activity Located on the site or has not been property maintained in accordance with
the requirements ofthis Ordinance.
Ancillary Sign. Awall sign separate from and subordinate inarea to the principal sign,
identifying generic services, goods or departments in the building, such as pharmacy' optical,
auto repair' or garden center` but not including the identification ofbrand names.
Attcnt/nn'Attroct/ogOb/ect. Any streamer, pinwheel, pennant, flag, propeller, inflatable sign,
statuary, tethered balloon, hunting, beacon, or other artificial device, figure, shape, color,
sound, light orexhibit, whether live, animated, or still, that is intended toattract attention to
the use or business being conducted nnthe site. Attention-att/acdnQobjec(doeonntinciude
the fLag nfany governmental entity.
Awning. 4 roof ' like cover consisting offabric, plastic nrstructural protective cover that
projects from the wall o{a building which generally serves the purpose of shielding a donrwuy,
entrance, vvindnw, oroutdoor set -vice area from the elements orUa provide decorative
distinction.
Banner. A suspended sign made of flexible material such as canvas, sailcloth, plastic, pmper,
or fabric of any kind, and intended to be displayed on atemporary basis. 4decorative banner
is a banner containing no message or logo that is displayed for the purpose of adding color or
interest to the surroundings or to the building to which it is attached. Af(og Vrcanopy shall not
beconsidered abanner.
Beacon. Astutinnary or revolving tight that flashes or projects iKunnivation, single color or
mu(dcoiored, in any manner that is intended to attract or divert attention.
Business Opening Sign. Atempormry sign displayed prior or in addition to permitted permanent
signs to promote the opening of a new business, a change of name orchange ofownership.
Canopy. Adetachab\e, roof -like cover, supported from the ground or deck, floor or walls of u
structure, for protection from the sun or weather.
Changeable Copy Sign. Asign or portion thereof with characters, \etters, or illustrations that
can be changed or rearranged manually without attering the face or the surface of the sign and
on which the message changes ienu than eight times a day and Less than once per hour. As\gn
on which the only copy that changes is an electronic or mechanical indication of time or
temperature shall not beconsidered achangeable copy sign.
Commercial Message. kmessage that directs attention to or acts as advertising fora business,
commodity' product' service or form ofentertainment ortends to encourage the occurrence nf
acommercial transaction related thereto.
Comprehensive Sign Pion. Acomp\ete »ignage plan for a building or tot that has been approved
bythe City.
Construction Sign. A sign identifying individuals orcompanies involved in design, construction,
wrecking, financing, ordevelopment ofm building or Lot upon which the sign sits and/or
identifying the future use of the building or lot upon which the sign sits.
Copy. VYords' Letters, numbers, figures, designs, orother symbolic representations
incorporated into asign.
Directional Sign, On -Premise. A sign without commercial message erected for the purpose of
indicating the required or preferred direction of vehicular, bicycle, or pedestrian traffic on
private property including, but not limited to "no parking," "entronce'" "exit only, " "Loading
only," and other similar signage.
Direct/ono/ Sign, Off -Premise. Any sign without commercial message that isdisplayed for the
purpose of informing people ofnrguiding people to a particular place for specified event,
including, but not limited to, an open house, garage sale, estate sale orother similar event.
Directly Illuminated Sign. Any sign designed to give any artificial light directly through any
transparent nrtranslucent material from a source of light originating within or on such sign.
Directory Sign, Asign which serves asa common nrcollective identification for agroup of
persons or businesses operating on the same lot. Such a sign commonly lists the tenants,
occupants, floor plan, addresses or suite numbers of an office complex, shopping center or
residential building complex.
Election Campaign Period. Aperiod prior Loageneral election starting onAugust 1 untii10
days following the general election, or period prior to special election starting 13vveeks
prior to the special election until 10days following the special election.
Electronic Variable Message Sign. A changeable copy sign or portion thereof which can be
electronically changed orrearranged without altering the face orthe surface ofthe sign, not
including signageorportions thereof displaying time and temperature.
Fo�ode. Any separate face orsurface ofn building, including parapet walls, and roof surfaces
or any part of building which encloses or covers usable space. Where sepal -ate facades are
oriented in the same direction, orwhere the inside angle at the intersection of two surfaces is
greater than one -hundred and thirty-five (135) degrees, they are to be considered as part of a
sing(efe�mde.
Flog. 4device generally made offlexible material, such as cloth, paper, or plastic, and
displayed from a pole, cable orrope, It may or may not include copy.
Frontage. The boundary of a lot that abuts o public street,
Garage Sale Sign. A sign advertising the sale of persona( property including estate sa(ex, yard
sales orrummage sales used tndispose mfpersonal household possessions,
Government Sign. Any sign erected bythe City of Lake Elmo nrany other governmental entity
inthe exercise ofofficial government business and authority,
Ground Sign. Any free-standing sign that is supported by structures ursupports in or upon the
ground and independent nfsupport from any building. 4 single sign structure having two
identical ornearly identical faces back to back shall constitute single sign. For the purposes
of this definition, aground sign isintended to refer tou primary, permanent, ground -mounted
sign, not atemporary sign orsign that isancillary tothe primary sign, such asmdirectional sign
urportable sign.
Hanging Sign. Asign that fs suspended from the underside ofasurface and is supported by such
surface.
Indirectly Illuminated Sign. A sign that isilluminated from a source outside of the actual sign.
Inflatable Sk7n. A freestanding or moored sign expanded or inflated with air or another gas,
like balloon, and which may rise and float above the ground.
Lego/Non'Confnnn/ng Sign. Any sign which was iawduik/ erected and displayed on [City Clerk tu
insert effective date], but which does not conform to the requirements and limitations herein,
orany sign which was Lawfully erected and displayed on the effective date ofany amendment
to this Section, but which does not conform to such amendment,
6
Logo. 4symbo| ortrademark commonly used to identify business or organization.
/Nemmio/ Sign. A sign or tablet memorializing a person, event, place or structure.
Menu Sign. Apermanent changeable copy sign associated with restaurants with drive -through
windows, car washes, or other businesses with drive -up services which gives o detailed list of
food orservices available.
Monument Sign, A ground sign having monolithic base nrsupport structure o[any material
measuring no less than one-third (1/3) of the greatest width of the sign at any point,
Noncommercial Message. A message intended to direct attention to a political, sociai,
community orpublic service issue or an 1dea, aim vievvpoinL, aspiration or purpose and not
intended toproduce any commercial benefit ortend toencourage a commercial transaction.
Off -Premise Sign. Asign which displays any message directing attention to a business, product,
service, profession' commodity, act1vity, event, person, institution orany other commercial
message, which is generally conducted, sold, manufactured, produced, offered or occurs
elsewhere than onthe tot where such sign islocated.
On -Premise Sign. 4sign which displays any message directing attention to a business, product,
service, profession, commodity, activity, event` person' institution o,any other commercial
message, which is generally conducted, sold, manufactured, produced' offered or occurs on
the same lot asthe sign,
Pennant. A tapered ordove'tai(ed banner or flag.
Permanent. When used in reference toa sign, means that the sign is constructed of durable
materiaisand intended toexist for an indefinite period oftime orthe duration ofthe time that
the use nroccupant is located on the premises and is genera(iy, but not necessarily, affixed to
the ground or structure. Unless the context clearly dictates otherwise, the term "permanent"
in this Ordinance is not intended to mean literal permanence, but rather 1tis meant to
distinguish such signs from more transient nrtemporary signage.
Pole Sign. Agrnund sign mounted upon u pole orpylon, or multiple poies or pylons, not
meeting the definition nfmonument sign.
Portable Sign. 4type oftemporary sign that is not permanently attached to the ground or a
building or not designed to be permanently attached to the ground or building, including but
not limited to, trailers orother vehicles that are used pr1ncipaiiy as m sign, posters, '^xandvvich
boards" urother freestanding signboards, regardless nfwhether such signs are attached to the
ground urLoabuilding orstructure.
Projecting Sign. Asign that is attached tothe watt of building and projects more than fifteen
(15)inches beyond such watt.
Real Estate Sign. A sign advertising only the sate, rental or [ease ofthe premises upon which
the sign islocated.
S/gn. Any display nf lettering, logos, colors, tights, oriUuminnLed neon tubes visible tothe
pub|icfrom outside ofa building orfrom m traveled way, that either conveys a message tothe
public, or intends to advertise, direct, invite, announce ordraw attention to any event, goods,
prnducts, services, facilities, pemons, property interest or business.
Street Frontage. The distance for which o tot boundary adjoins n single public street.
Temporary Sign. Any sign that isnot opermanent sign,
Wall Sign. Asign that is attached to a wall of a building and is affixed parallel tnthe wall at a
distance of not more than fifteen (15) inches from the surface of the wall.
7
Window Sign, Any sign Located completely within an enclosed building and visible from a public
way orplaced upon awindovv. Merchandise within the premises and visible from the exterior
shalt not beconsidered awindow sign under this definition.
C. App//cob///ty, The Sign Ordinance shall apply to any sign placed, erected, aitered` maintained
or relocated within the city that is plainly visible, although not necessarily legible, from any
public right'of'waynrany lot in ownership separate from the tot upon which the sign is
located.
D. Sign Permits and Fees
1. Permit Required. Except as provided in this 3ecdon, it shall be unlawful for any person to
place, erect, alter or relocate within the city' any sign without first obtaining a permit
from the Planning Director and making payment of all fees as required by the City's Fee
Schedule. This subsection shall not beinterpreted to require a permit for a change of copy
on a changeable copy sign, changing occupant sign panels on n directory sign, repainting'
cieaning, orother normal maintenance and repair nfany existing sign or its structure as
long asthe sign copy does not change.
2. Application for Sign Permit. All applications for sign permits shall befiled onoform
supplied bythe City. Such application shalt be submitted with all required information
provided and shalt contain or have attached thereto the following information:
a. Date o/Application.
b. Namc, address, telephone number, and, if available, fax and email address, of the
Applicant aswell us of the person' firm, corporation, or association erecting the sign.
c. The written consent of the owner or lessee of the premises upon which the sign is to be
erected, or the sworn statement of the applicant that the applicant is authorized by
the owner, lessee orother authorized occupant of the premises toerect the proposed
sign.
d. A scale drawing showing the existing and proposed location and dimensions of all
buildings, structures, and signs on the subject property. For oground sign, the drawing
shalt also indicate the following:
i. Distance of the sign from either the face nfcurb or sidewalk axwell as its location
relative toother ground signs, driveways, fire hydrants, and any other features of a
site that could be obscured by the sign.
8. 4landscaping plan around the base ofat[ ground signs.
e. The configuration of the proposed sign listing the height, width, total square footage'
proposed cnpy, method of construction and attachment, method nfillumination and
description ofall electrical equipment, sign materials and colors, and at least one
image showing the location ofthe proposed sign and its relationship toeither the
building tnwhich itisto be mounted or the surrounding tot ifitioa ground sign.
f. The total area and number ofall signs bytype nn the subject property both before and
after the installation ofthe proposed sign.
g. For temporary signs, applications must bcaccompanied bya signed, written statement
acknowledging the ordinance requirements governing the duration oftime during which
the sign may bedisplayed.
h. Such other information as the City may require to ensure compliance with this Sign
Ordinance and any other applicable laws.
3. Application Process and Review Procedure. It shalt be the duty of the Planning Director`
upon the filing ofan application fora sign permit, toexamine the application for
8
compliance with the requirements of this Section and, if deemed necessary by the Planning
Director, toinspect the premises upon which the proposed sign iotobeerected. If the
application is complete and the proposed sign is in compliance with all the requirements of
this Ordinance, and any other applicable (amo' the following actions shall be taken:
a. If the application is for a permanent sign that conforms to an approved Comprehensive
Sign Plan that applies tothe property upon which itbtobeLocated, orfor a
permanent nrtemporary sign that adheres to the requirements cfthis Code, the
Planning Director may issue apermit.
b. If an application for approval ofa Comprehensive Sign p\en pursuant to§154.212.| is
submitted with development application subject to Planning Commission review and
City Council approval, the Planning Director shall review the application and make a
recommendation to the Planning Commission prior toissuing a permit.
c. Except for applications for approval of Comprehensive Sign Plan, applications shalt be
approved or denied within thirty (30) days nythe filing ofacomplete application orbe
deemed approved unless an extension of time for review is granted, in writing by the
appUcant. Any decision of the Planning Director may beappealed to the Board of
Adjustment and Appeals.
d. In the event that mpermit isissued but the sign authorized bythe permit isnot placed,
erected, altered or relocated within six (6) months after the issuance 0fthe permit,
the permit shall expire and benull and void.
e. Fees. A fee shall be charged for the permit in the amount set forth in the City's Fee
Schedule.
E. Design Review Criteria. Signs shalt meet the following criteria:
1. Any signmgc affixed to a building shall be dimensioned and located in such a manner that it
fits the building's architectural features and proportions,
2. All signs shall be designed to fit the zoning and character ofthe surrounding area. Special
consideration should be made where proposed signage is located on or adjacent to locally
identified historic structures orpublicly owned recreation and conservancy areas. Signage
inPlanned Unit Development, or1ndevelopments seeking Comprehensive Sign Plans, shalt
conform to the planned or existing dominant architectural theme ofthe area. Signage in or
abutting residential properties should be designed and located so as not tocreate o
nuisance.
l Signs illuminated by tights dlaK be positioned in such o manner that none of the light spills
over onto an adjoining property or glares or shines into the eyes of motorists or
pedestrians, All signs must conform tothe Sign Illumination standards in8154.21lF.7and
§150.035 (Lighting, Glare Control and Exterior Lighting 5tandards),
4. Landscape features shalt be incorporated around the base of all permanent ground signs,
Landscape plantings or other landscape materials shall not be considered as part of the
aKovvab(esignage.
F. General Sign Regulations. This section pertains to aii signs erected in the city of Lake Elmo.
Additional regulations may apply based on sign type and zoning district inwhich the sign istn
be displayed. Wherever regulations conflict anywhere within this Section or with any other
applicable rule orregulation, unless expressly stated otherwise` the more restrictive provision
shalt control.
1. Surface Area Calculation. The sign surface area shall becalculated based onthe area
within the smallest single continuous rectilinear perimeter ofnot more than eight (8)
straight lines encompassing all elements of the actual sign face including any writing,
representation, emblems or any figure or similar character together with any material
9
forming anintegral part of the display orforming the backing surface or background on
which the message orsymbols are displayed, but excluding any support structure. Fora
sign painted on orapplied to a bu1iding, the area shall be considered to include all
lettering, wording and accompanying design orsynmbob' together with any background of u
different color than the natural color, or finish material ofthe building. Area of signs
displaying copy on two parallel, back-to-back faces not separated by more than twelve (12)
inches shall be calculated with reference toasingle face only.
2. Sign Location, FYucpnnent and Setback Requirements. Except as provided elsewhere in this
Section, all signs shalt besubject tothe following requirements:
a. Limitations Based onBuilding Setbacks:
i. Except asprovided insubparagraph (b), nopart nfany permanent ortemporary
sign shall extend over oproperty line.
ii. Where buildings are lawfully permitted to exist on the property line, o permanent
sign attached to o building may project not more than six (6) feet over the abutting
public sidewalk orright ofway provided that the bottom ofthe sign components
are located no less than eight (8) feet above the ground immediately beneath such
sign. No sign may project over adjacent private property. Any ground sign shall be
located on the premises unless it is an authorized temporary sign for which nvand
permit is in effect.
b. Signs onPublic Property. Nosign shall belocated within oracross any public right-of-
wuy, or on any public property, easement, or utility pole, except for:
i. Asign erected by, or required by, agovernnnent agency ortemporarily erected to
protect the health and safety nfthe general public; or
ii. Asign erected in conformity with subparagraph (u.ii) of this subsection.
c. Safety ofMotorists and Non -motorists
(. No sign shalt be erected or maintained at any location where by reason of its
position' wording, illumination, size' shape, orcolor it may obstruct, impair,
obscure the vision of road usero, or otherwise nbsLruct, interfere with the view of,
nrbeconfused with, any authorized traffic control sign, signal nrdevice.
ii. No ground sign' with the exception of government signs, maybe placed within 10
feet of a fire hydrant, within 15feet ofa crosswalk, or within 15feet nfthe
intersection of any circulation iane, driveway or alley.
iii. No sign exceeding m height of thirty (30) inches may bcplaced within the vision
triangle asdefined in§1l.01.
iv. No sign or structural components shall obstruct passage on a sidewalk or walkway.
d. Additional Regulations Pertaining toPlacement nfAli Signs. Except for asign erected
by, or required by, a government agency ortemporarily erected to protect the health
and safety ofthe general public:
i. Nosign shalt beattached toafence, tree, shrubbery, utility pole orlike items on
either public orprivate property, and no sign shall obstruct nrobscure primary
signs onadjacent premises.
ii. No sign shall extend beyond the perimeter of a permanent structure nrobstruct
any window, door, fire escape, ventilation shaft or other area that is required to
remain unobstructed by an applicable building code.
hi. Nosign shall bemounted upon any roof ofany building orstructure.
10
e Americans with Disabilities Compliance, Sign placement shall meet ail Americans with
Disabilities Act (4DA) requirements.
3. Construction and Structural Requirements. Every sign and its fromevvork, braces, anchors
and other supports shalt be constructed of such material and with such workmanship as to
be safe. Every sign shall be designed and constructed in conformity with the applicable
provisions of the Minnesota State Building Code and shall be free ofany exposed extra
bracing, angle iron, guy -wire or cables. The base or support of at[ permanent ground signs
shall be securely anchored to an appropriately designed concrete base or footing per the
State Building Code.
4. Load Requirements. AK signs and other advertising structures shalt be designed and
constructed Uomeet all load requirements according to ail applicable regulations in the
Minnesota State Building Code.
5. Installation. All signs shalt be property secured, supported and braced. No sign nrany part
thereof, or anchor, brace, orguy-wire shall be attached, fastened or anchored toany fire
escape, fire \adderorstandpipe, and no sign or any part thereof, or anchor, brace orguy-
wire sha(| b*erected ormaintained which may cover orobstruct any door, doorway, or
window of any building or which may hinder or prevent ingress or egress through such door,
doorway or window, or which may hinder or prevent the raising or placing of ladders
against such building in the event nffire. ALL signs or attention- attracting devices shall be
free of projections that could cause injury to a pedestrian and shall be installed in such a
manner toavoid obstruction nfapublic sidewalk orstreet orportion thereof.
6. Maintenance. AIL signs, including nonconforming signs, and sign structures shalt be
maintained to preserve the appearance and structural integrity substantially identical to
the new condition nfthe sign.
7. Sign Illumination. Ali illuminated signs shall comply with Section 150.035 (Lighting, Glare
Control and Exterior Lighting Standards) and the following requirements:
a. Electr/co/Penn/t. AIL signs in which electrical wiring and connections to be used shalt
comply with all applicable provisions of the State Electrical Code' No permit for the
erection nfasign shalt be granted prior to approval and issuance ofavalid electrical
permit for that sign.
b. Voltage Displayed, The voltage ofany electrical apparatus used in conjunction with o
sign shalt be conspicuously noted onthat apparatus. In addition' all electrical signs
shalt bear the label of approval of a recognized testing laboratory and be equipped
with owatertight safety switch that is located where the electrical supply enters the
sign.
c. External Illumination. ALL external lighting fixtures shall be steady, stadnnary, fully -
shielded and directed solely onto the sign, and shall use lighting designed to minimize
light spill and glare. Lighting sources shalt not bedirectly visible or cause glare to
adjacent public rights-of'vvayVradjacent private property,
d. Internal Illumination. Internally illuminated signs shall permit light to shine fully
through only the lettering and graphic elements ofthe sign, The background for such
lettering and graphics shall be opaque or translucent and shall transmit light at a level
substantially less than that transmitted through the lettering and graphics. If the
contrast between the lettering orgraphic elements and background does not permit
adequate legibility, o translucent white border of up to one (1) inch in width may be
placed around said Lettering or graphic elements.
e. Brightness Limitation. Except for daytime displays on electronic variable message
signs, in noinstance shall the lighting intensity of any illuminated sign exceed-,
11
i. Three (3) foot candles at the front lot Line and one (1) foot candle at at[ other lot
lines, measured three (3) feet above the surface of the ground.
ii. Fifty (50) foot candies measured perpendicular to the [ace of the sign from a
distance equal to the narrowest dimension ofthe sign,
f. Glare. Ai(m/tificio( illumination shall besndesigned, Located, shielded and directed so
astuprevent the casting nfglare nrdirect light upon adjacent public right-of-way or
surrounding property.
Gooseneck and similar reflectors and tights shalt be permitted on ground and watt signs
provided, however, the reflectors and tights shalt concentrate the illumination upon
the area of the sign so as to prevent glare upon the street or adjacent property, It shall
be unlawful to maintain any sign which is wholly or partially illuminated by floodlights
or spotlights, unless such Lights are completely concealed from view from the public
right-of-way.
D. Motion as u Component ufoSign. No sign shall have any flashing, sdntiiimdnB, moving or
blinking tights or rotating beacons' whether operated by electronic or mechanical means or
wind driven' nor shalt any floodlight, spotlight, or beacon utilize such actions to illuminate
asign. In nddition, no beam oflight shalt be projected through a mechanism which
periodically changes the color nfthe light reaching the sign.
g. Attention -Attracting Objects. The use ofany attention -attracting object, as defined in this
code, shalt be allowed only uxa temporary sign in conjunction with a special event permit,
not to exceed ten (10) days per issuance, No permit shalt be granted for any premises more
than four (4) times in any calendar year; or more than once in any three month period.
10. Lots Having Multiple Street Frontages. Businesses occupying corner iots, or multiple
frontages adjacent to more than one public right'of'vvay, may display up to one additional
ground or building -mounted sign for each additional frontage provided that such additional
sign may not exceed 50%ofthe area allowed bythe primary frontage and is oriented
toward the additional frontage. For purposes of this code, the primary frontage shall be
presumed tobethe frontage upon which the main entrance to the building is located. The
applicant, however, may identify a different frontage as the primary frontage to maximize
the effectiveness ofthe signuge.
11. Resemblance to Traffic Signs. No sign shalt contain or resemble any sign resembling in size,
shape, message, or color any traffic control devices compliant with the Minnesota State
Manual onUniform Traffic Control Devices.
G. Limitations According tnthe Type ofLand Use. Unless exempt under D154.Z12.Kurasexpressly
provided elsewhere, no permanent or temporary signs shall be displayed except in conformity
with the following regulations as they correspond to the type of Land use and districts in which
the sign istobedisplayed.
1. Residential Uses in Residential Districts.
a. In connection with legal home occupations, a single sign which is limited in content to
the name, address and legal home occupation of the owner or occupant of the
premises, and which does not exceed two (2) square feet in area. Signs under this
paragraph shall bewall signs only.
b. A residential condominium or mutti-family apartment complex may display signs
identifying the name of the condominium or apartment complex if the total acreage of
the tot is one (1) acre or more and the condominium or apartment includes eight (8) o,
more units. One (1) vvaK sign and one (1) ground sign per street frontage may be
displayed, with o maximum of two (Z)vvaK signs and two (l) ground signs per lot. No
identification sign shalt exceed thirty-two (lI) square feet in area, and the maximum
9.
12
heightisone(1)sturyortwekm(1I)feetobovecurbkeveLvvhcheveriskowe/. For
pu ses of this paragraph, the term "lot," when used in reference to n condominium
means all property within a common interest community.
c. Asubd/vision identification sign not exceeding thirty-two (]2) square feet in sign area
as approved bythe City.
Z. Institutional Uses /nRes/dent/u/Districts. Nonresidential uses located in residential
districts, such as churches and schools, located in residential districts may erect signs as
a. Wait and Ground Signs
i. Area and Number: One (1) wall sign and one (1) ground sign per street frontage
may be displayed, identifying the entity, with a maximum of two (I) watt signs and
two (2) ground signs per lot. Additional wall or ground signs for wayfinding
purposes may bepermitted when the size ofthe lot, number ofvehicular or
pedestrian entrances, and layout ofthe buildings require additional signs inorder
to promote traffic and pedestrian safety. Signs under this paragraph, whether
displayed on a vvmii or on the ground' shall not exceed twelve (12) square feet in
area, except such signs may be increased in area by one (1) square foot for each
additional foot that the sign ixset back more than twelve (12) feet from a b>[ tine.
No sign under this section shall exceed thirty-two (32) square feet in area.
ii. Height. No identification sign shall project higher than one story, or twelve (1Z)
feet above curb Level, whichever is Lower.
b. Temporary Signs
3. Commercial, W\ixed'Useand Industrial Districts
a. Ground Signs
b. Directory Signs
c. Awning and Canopy Signs
d. Wall Signs
e. Projecting Signs
f. Hanging Signs
g. Window Signs
h. Directional and Informational Signs
(. Corporate Flags and Decorative Banners
'. Temporary Signs
4. Planned Development Districts. Nopermanent sign shall bcdisplayed except asign
authorized by the City and included inthe Comprehensive Sign Plan pertaining Lothe site,
Temporary signs are permitted for commercial, institutional or industrial uses unless
prohibited bythe Comprehensive Sign Plan.
5. Conservancies and Parks. Nosign shall bepermitted except those installed bydirection of
the Public Works Director.
0. Agricultural Sales Businesses, Signage related to agricultural sales business may beerected
as follows:
13
a. On'PremisesSigns Agricultural Sales Businesses. One (1)ormore on -premises signs
may beerected on n property in conjunction with an operating agricultural sales
business subject tothe following requirements and restrictions.
i. Agricultural sates businesses utilizing less than 1Oacres ofland specifically for the
growing of agricultural crops for the business are allowed 1 on'premisesx1gn not to
exceed thirty-two (32) gross square feet of advertising surface.
ii. Agricultural sates businesses utilizing more than 10 acres of land but less than4O
acres of(and specifically for the growing of agricultural crops for the business are
allowed uptmtwo (Z) on -premises signs not to exceed forty-eight (48) gross square
feet oftotal advertising surface, with no individual sign surface exceeding thirty-
two (32) square feet in size.
111. Agricultural sales businesses utilizing more than 40 acres of [and specifically for the
growing of agricultural crops for the business are allowed up to three (3) on -
premises signs not to exceed sixty-four (64) gross square feet nftotal advertising
surface, with no individual sign surface exceeding thirty-two (]2)square feet in
iv. Any illuminated sign shall be consistent with 5154.212.F.7 and illuminated only
during those hours when business is open to the public for conducting business.
U. 7enpm/oryDff+onem/xes Signs, Agricultural Sales Businesses. Independent ofthe total
allowable sign area for an individual property anywhere within the city, a temporary
nff'premis000ign maybe erected on n property in conjunction with an operating
agricultural sates business subject tnthe following requirements and restrictions:
i. Maximum Number. Every agricultural sates business shalt have nomore than three
(]) off -premises signs atany given time to direct the public tnthe location ofthe
business.
U. Time Frame of Use. Temporary off -premises signs may be erected for45'day time
periods no more than 4 times in any given calendar year. The required temporary
sign permit shall stipulate the range ofdates for each nfthe 4allowable time
periods inany given calendar year.
iii. Size and Height, An off -site agricultural sales advertising sign shalt not exceed 50
square feet in area and shall not betatter than 10 feet in height.
iv. Setbacks. Off -premises signs shalt be minimum nfZ5 feet from all side property
lines, and a minimum o/ 5Ofeet from other off -premises advertising signs.
v. Permission Required, Applicants for off -premises signs shalt acquire permission
from the property owner upon whose [and the sign is to be erected.
H. Regulations Pertaining toSpecific Sign 7yoe. Except as expressly provided ebevvhere, signs
shall meet the following regulations according tosign type:
1. Walt Signs
a. Number. No building occupant shall display more than one (1) watt sign per street
frontage except msprovided below:
i. One additional watt sign may bedisplayed onabuilding with nnfront setback
provided that such sign is flat sign that is either painted upon the building or does
not extend outward more than six (6)inches,
1<. Up to three (3) ancillary watt signs may bedisplayed on buildings measuring at (east
1U0feet inlength along the front lot tine. Any ancillary sign displayed under this
paragraph shall not exceed 5D%ofthe net area o/' 50% nfthe height ofthe largest
14
permitted watt sign displayed on that facade, nor shalt the aggregate area of the
ancillary signs exceed 50%nfthe net area of such wall sign.
b. Surface Area. The total permitted sign surface area ofall wall signs Vnufacade shall
not exceed one (1) square font of nignage for each lineal foot of building frontage that
is coterminous with the occupancy to which the sign refers, unless a different amount
allocated to the building occupant is identified in an approved Comprehensive Sign Plan
pursuant to§154'I12./. In addition, nnindividual wall sign shalt exceed one hundred
(1O0)square feet inarea.
c. Location. Wall signs shalt bemounted parallel tobuilding walls and only onaportion of
an exterior watt that is coterminous with the occupancy towhich the sign /ehan, unless
a different location is identified in anapproved Comprehensive Sign Plan pursuant to
5154.212.1. Nowall sign shall extend above orbeyond the wait towhich itisattached.
d. Installation Requirements. No watt sign shalt cover orinterrupt significant architectural
elements such as columns, column caps, friezes, door or window heads,
embellishments, adornments, fenestration, orornamental detailing on any building. All
mounting brackets and other hardware used toaffix asign to avvaK asvveKosall
electrical service hardware and equipment shalt be concealed by architectural
elements of the building or the sign itself.
2. Ground Signs
a. Number. There xhmK be no more than one (1) ground sign for each street on which the
lot has frontage, except one additional ground sign per lot frontage may beallowed for
any lot frontage over one thousand (1,000) linear feet. On lots occupied by two (Z) or
more occupants, orwhere a second ground sign is permitted, three (3) or more
occupmnts, a directory sign shall be used in heu ofmultiple ground signs. No single
business or building occupant shall be allowed signage on both an individual ground sign
undo ground directory sign on the same street frontage, On premises having no
principal building, there shalt be no more than one (1) ground sign for the premises.
b. Surface Area. Noground sign shall exceed the size listed inTable 5'l
c. Type oƒSign. Any permanent ground sign shall be erected as monument sign. Pole
signs are prohibited unless the pole portion of the sign is enclosed in ashroud that
causes the sign to appear to have monolithic base or support structure of any
material measuring no less than one-third (1/3) of the greatest width of the sign at any
point or unless the height is nogreater than three (3) feet. The base ofthe monument
sign shall not exceed the width of the widest portion of the sign face by more than
twenty-five percent (25%).
d. Location. Ground signs shall be placed with consideration for visibility, access,
maintenance, and safety, consistent with the provisions ofSection 154,I12.F.Z.
Grounds signs shall be located beyond required setbacks a distance equal toorgreater
than the height of the sign. If this is not possible, ground signs shall be located as far
from required setback lines as possible. In no case shall ground sign, aodefined in
this Ordinance, extend beyond a lot line ofa property. Aground sign larger than 6sq.
ft. ohoK be located no closer than 100feet of another ground sign orthe furtheot
distance possible from another ground sign, whichever distance is shorter.
e. Height
i. The height of ground sign shall he measured from the approved grade atthe base
of the sign or the elevation of the street upon which the sign faces, whichever is
lower, to the top of the highest attached component nfthe sign.
ii. Agnound sign shall bemounted on m base not tnexceed four (4) feet in height.
15
ifl. Allowable height of a ground sign shall be as set forth in Table 5-3.
iv. Nnground sign shalt betatter than the principal building on the premises to which
it pertains,
f. Landscaping. Perennial plantings, grass nrother landscaping features shalt be
incorporated around the base ofall ground signs.
g. Exempt orSpecial Purpose Ground Signs. The location of and maximum height and
surface area nfany other exempt or special-purpose ground sign expressly authorized
byanother section of this ordinance` shalt be as set forth in such other section,
Table 5'3Ground Signs
Table 5'3 describes the zoning districts inwhich ground signs may bedisplayed, and the
maximum height and area of the signs, as determined by the speed limit on the adjacent
roadway. For ground signs on zoning lots with more than one street frontage, use the miles per
hour on the street with the faster speed limit to determine the maximum height and area
Ground Signs
Zoning District
No. of
Total Speed
Traffic Limit
Lanes (MPH)
A'' UDR, OP,
RE, RS, RR',
MaxHe1yht/
Area (Sq. Ft.)
MDR, HDR
MaxHeight/
Area (Sq. Ft.)
1'3 0'34 6'/32
4-5
l5-44
o5+
O'34
]5-44
45+
6`/]I
6'/32
6'/3I
0'/]I
6'/32
BP, [, C[. G8,
LC, VMX
MamHeight/
Area (Sq. Ft.)
1U'/]Z
1O'/5O
1O`/7I
10'/4O
1O'/64
1Z'/@]
Notes UxTable 5'l
u. Ground signs are only permitted in the A, RR and RTchstricts in conjunction with agricultural
sales business.
3. Window Signs
a. Location. All window signs must be located inside an exterior window unless the sign is
weatherproof and does not pose a danger from failing or being blown by the wind.
Lettering or graphic elements that are directly mounted on a window shall not
encroach upon the frame, mullions, orother supporting features ofthe glass.
b. Permanent Signs. When a x10n is painted on or otherwise attached or applied to the
window area inapermanent manner, then such sign shall beincluded inthe total
allowable watt sign area for the building and shalt not exceed twenty (20) percent of
16
the total ground -floor window area of the building, excluding the door windows, Ali
permanent window signs which have their lettering or graphic elements directly on the
glazing shalt be painted, metal leafed, vinyl transferred, or in some other manner
permanently applied to the interior side of the glass of an exterior building window or
door. No application using a temporary adhesive shall be permitted unless the Planning
Director determines the application to bereasonably safe.
c. Temporary Signs. Signs advertising sates and specials shall not exceed thirty (30)
percent of the total ground -floor window area of any building, excluding the door
windows. Such signs must bedisplayed inconformance with the temporary sign
regulations listed in5154.Z12.J.
d. Under no circumstances shall any combination of permanent or temporary window
signage cover more than fifty percent (50%) of the total ground window area of any
building.
4. Changeable Copy Signs
a. Changeable copy signs are not anadditional permitted sign type, but any permitted
sign type may be achangeable copy sign, provided that the total surface area ofthe
entire sign does not exceed the maximum allowed for the type and location of sign
upon which the changeable copy isdisplayed.
b. Electronic Variable Message Signs: Any sign type may be an electronic variable message
sign subject tothe following regulations:
i. Surface Area. The areas nfelectronic variable message signs capable of displaying
copy shall not exceed forty (40) square feet and shalt be included within the
maximum aggregate sign surface area allowed for the type and location of sign
upon which the changeable copy isdisplayed.
i\. Length of Cycle. The electronic changeable copy or images shall not alternate,
change' fade in, fadeout, or otherwise change more frequently than once every
ten (10)seconds. Electronic variable message sign signs may not display scrolling,
racing, pixeiabng or moving characters or images, orsimilar actions that convey
motion,
hi Color. All copy, characters or other changeable images shalt be of one (1) color
only, with light copy onadark background.
iv. Brightness Adjustment. An electronic variable message sign shalt be equipped with
photosensitive equipment which automatically adjusts the brightness and contrast
of the sign in direct re|ation to the ambient outdoor illumination such that the light
level does not exceed three (]) foot candies atthe front lot line and one (1)foot
candle at all other lot lines, measured three (3) feet above the surface of the
ground.
v. /No/nUsnuncp. Any electronic variable message sign shall be maintained so as to be
able todisplay messages inacomplete and legible manner.
5. Canopy and Awning Signs. The use of canopy and awning signs reduces the maximum area
ofany allowed wait sign byhalf, Canopy and awning signs are subject tothe following
provisions:
a. Surface Area. The sign surface area of a canopy o, awning sign shall not exceed fifteen
(15) percent of the area of the vertical section of the canopies and awnings. The area
of the vertical section of the canopies and awnings is calculated as the difference
between the highest and lowest point on the canopy or awning multiplied by the length
ofthe canopy mrawning measured parallel to the facade upon which it is attached.
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b. Location
i. Canopies and awnings shall beconstructed and erected sothat the lowest portion
ofthe pro'ec1\ngframe thereof shaKbe not Less than nine (9)feet, and the Lowest
portion of�the descending skirt uhaii be not less than eight (8) feet above the ievei
ofthe sidewalk or public thoroughfare.
ii. No portion of the canopy or awning sign shall extend above or beyond the canopy
orawning upon which it is attached. However, n sign maybe hung beneath a
canopy parallel to the building frontage so long as it and its structural components
are no less than eight (B) feet above the ground immediately beneath the sign.
ii1. Awnings shalt not project more than seventy-two (72) inches out from the building
upon which they are attached, nor extend out from the building beyond the
extension ofthe awnings onadjoining buildings.
c. Installation Requirements. To preserve the architectural integrity ofa building, no
canopy orawning, and no canopy or awning sign' shall cover orinterrupt significant
architectural elements such no columns, column caps, friezes, door orwindow heads,
embellishments, adornments, fenestrations orornamental detailing.
d. Illumination. Awnings and canopies maybe ii(uminatedwhere the fn(iovvingconditions
are maintained:
|. Both interior type strip lighting and exterior type gooseneck Lighting is permitted,
not exceeding a maximum Light level nf 18foot candies measured three (3) feet
from the perpendicular to the light source.
ii. The bottom ofany illuminated awning orcanopy shalt beenclosed.
W. The provisions of§154.lYI.F.7are satisfied.
e. /Notedo/s. Canopy and awning signs shall be made ofeither the material with which the
canopy or awning is covered or other water proof materials affixed flush to the face of
the canopy or awning, or be painted directly on the awning orcanopy material with
weather- resistant paint.
f. Snow Load. |tiofound that snow and ice that accumulates onawnings can pose u
danger topedestrians. Toensure the safety ofpedestrians, snow and ice shalt be
removed from awnings within m reasonable time period after an event of snow and ice
accumulation.
6. Hanging Signs. One sign up to six (6) square feet in area maybe suspended above
walkway near a primary building entrance so long as it and its structural components are no
less than eight (8) feet above the ground immediately beneath the sign.
7. Projecting Signs. A projecting sign may bedisplayed in lieu ofa vvmi( sign and subject tothe
following restrictions:
a. /Nox/munn Projection. The maximum distance a projecting sign may project is not more
than twenty-four inches (24") into the righL'of'vvay. Subject to zoning setback
limitations, a projecting sign may project nomore than six feet (6') from the building
face.
b. Location. A buiiding may have one (1) projecting sign facing a street or on a corner of
the building.
c. Surface Area, The permitted area ofaprojecting sign shall not exceed the square
footage for the amount that would otherwise be allowed for a wall sign on the building.
d. Height. A projecting sign must vertically clear any pedestrian area by at least eight (8)
feet and vehicular ways by at [east fourteen (14) feet. A projecting sign may extend to
18
the juncture of the roof with the building wall or to the top ofany parapet, but no
projecting sign may extend above second story.
B. Directional Signs. On -premise directional signs may beplaced on private property near
driveway entrances, at building entrances, and in parking lots and loading areas where
reasonably necessary. Each such sign shall belocated on -premise and shall adhere tothe
regulations pertaining tovision triangles and other setbacks as defined in §154.212.F.2.
Such »ignmgeshaU be considered exempt from the toto\signage calculation for the
premises mstong asail the following standards are met:
a. Such signagedoes not serve anadditional advertising purpose.
b. There are nomore than three (3) directional signs per lot, not including a maximum of
one (1) directional sign allowed per driveway entrance/exit.
c. Surface area per sign does not exceed four (4) square feet.
d. Logos do not exceed two (I) square feet in area per sign.
e. Sign height does not exceed five (5) feet above ground elevation atbase ofsign,
9. Flags and Decorative Banners. The following regulations apply toa\i flags and decorative
banners:
a. Aminimum clearance nfeight feet (8') over pedestrian ways and fourteen (14`) feet
over vehicular areas.
b. Maximum number of flagpoles for any tat is three (]).
c. Maximum height ofany flagpole isfifty (50) feet.
d. Maximum number nfflags per tot is four (4).
e. Maximum area nfany flag shall be forty (40) square feet.
f. Flags representing aprivate entity, including corporate orbusiness flags, shall be
included within the maximum sign area total for the site, as applied to the allowance
fora ground sign, and shalt require sign permit.
\. Comprehensive Sign Plans
1. Purpose. Multi -tenant developments such as shopping malts, due to the varying occupant's
need fnrsignage and the potential for unique architecture and placement of different
occupancies asthey relate tostreet frontages, can create challenges tothe applicability of
sign regulations and the fair distribution of permitted square footage for occupants. This
section iointended to define how signagepermitted under this codewi(( be distributed
among the different occupancies available inthe development. The Comprehensive Sign
Plan shall create visual harmony between the signs, buiiding(s),and building site through
unique and exceptional use ofmaterials, design, color, and lighting, and other design
elements; and shall result insigns nfappropriate scale and character tothe uses and
building(s) on the tot as well as adjacent buildings, structures and uses.
2. Applicability. 4Comprehensive Sign Plan shalt be required of an applicant for all planned
developments and commercial or industrial multi -tenant developments where different
occupancies will compete for permitted square footage on asingie tot.
3. Submission Requirements. An application for Comprehensive Sign Plan approval shalt be
submitted to the Planning Director and shalt include:
a. A site plan, dimensioned, showing the location of the bu\\ding(s), structure(s), parking
orea(x), driveway(s), and landscaped areas on the tot upon which the proposed sign is
to be attached orerected.
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b. A table ortables containing:
i. Computation pfthe maximum total sign area.
ii. Maximum area for individual signs.
iii. Height and number ofground signs.
iv. Statement ofthe maximum total sign area and maximum number ofsigns
permitted on the site by this Ordinance.
c. An accurate indication mn the site plan nfthe Location and orientation of each sign for
which u permit ixcurrently being requested, the anticipated location of future signs
requiring permit, and the Location of all reasonably anticipated temporary signs.
d. Adcscripdon and illustration of the following may be required:
i. Colors and materials tobeused insign construction.
ii Style oflettering for oKsigns.
iii. Appearance/ location oflogos oricons.
iv. Location ofeach sign onthe bui(d1ng(s)' with building elevations ifnecessary,
Y. All sign proportions.
vi. Types nfillumination,
4, Amendment. A Comprehensive Sign Plan maybe amended by filing a new Comprehensive
Sign Plan, in conformance with the requirements ofthe Sign Ordinance in effect at that
time, and obtaining approval ofthe Planning Dinector,
5. Binding Effect
m. After approval of a Comprehensive Sign Plan, no permanent sign shall be erected,
placed, painted or maintained by the property owner nrany buyer, tenant, subtenant,
assignee, employee, agent orother party in use of the subject property except in
conformance with such plan without obtaining a sign permit and in conformance with
the Comprehensive Sign Plan.
b. |fthe City Council has approved a Comprehensive Sign Plan with flexible criteria , the
Planning Director is authorized to approve, through the standard sign permit approval
process' sign applications in conformance with the comprehensive sign pian, but only
tothe extent that the application is in conformance with the Comprehensive Sign Plan.
c. The terms and conditions of an approved Comprehensive Sign Plan shall have the same
force and effect and be enforced in the same manner asany other provision ofthis
Section.
J. Temporary Signs
1. General Requirements, Temporary signs shall conform to the following standards:
o. Permit Required, Notemporary sign may bedisplayed without avalid temporary sign
permit orportable sign permit.
b. Sign Type, Temporary signs may include any sign type permitted by this Section.
c. Numher. No more than two (I) temporary signs may bedisplayed on a lot atany time.
d. Surface Area. The maximum area of all temporary signs displayed shall be a combined
total of eight (B) square -feet if displayed for ten (10) days or longer.
e. Location. Temporary signs shall be located only upon the premises to which the
special, unique, or Limited activity, service product, sale, or event is to occur. No
20
temporary sign may be placed off -premise except as otherwise provided elsewhere in
this Section.
f. Duration. Notemporary sign permit shall be issued to erect or maintain any temporary
dgnagefor a period exceeding twenty-one (21) days, ortnbe displayed three (3) do}n
after termination ofthe activity, service, project, su(e, orevent tnwhich the sign
pertains, whichever comes first, 4permit for utemporary sign orsigns shall begranted
no more than four (4) times in any calendar year and only once every three (3) months.
installation Requirements. All temporary signs shall be constructed, anchored and
supported in a manner which reasonably prevents the possibitity of such signs becoming
hazards tnthe public health and safety as determined by the Planning Director.
2. Business Opening Signs. Business opening signs may bedisplayed onlots having commercial
or industrial occupancies subject tothe following provisions:
a. Permit Required. 4 permit shall be issued before a business opening sign may be
erected, The permit may not bcrenewed.
b. Type of Sign and Location. A business opening sign may be a watt sign, projecting sign,
or ground sign. 4business opening sign may be displayed in addition to, in lieu of, or
affixed to a permanent sign. A banner may be used as business opening sign.
c. S/re. The size ofa business opening sign shall be determined by the type of sign
chosen, and shalt be limited to the maximum size allowed fora permanent sign of that
type atthat location.
d. Illumination. Abusiness opening sign may be illuminated subject tn§154.21Z.F.7.
e. Ou/'ot/on. 4 business opening sign may bedisplayed for o period not toexceed thirty
(IO) days from the date the business opened, changed nameo, or changed ownership.
3. Portable Signs, In addition tothe general requirements pertaining to temporary signs, the
following standards pertain to portable signs:
u. Permit Required. A sign permit shalt be issued on an annual basis before a stationary
portable sign may be erected. Such permit shalt only bevalid during the calendar year
during which it is issued.
b. Construction. Asign shalt bemanufactured to aprofessional standard of construction,
finish and graphics. Aportable sign shall befree'standing' ue|f'supported and
constructed of substantial materials such as wood, metal or plastic such that the sign
will reasonably withstand the elements,
c. Size and Design Regulations:
i. 4 portable sign shalt not exceed six (6) square feet in surface area per side, with a
maximum of two (Z) dgnabie sides or faces.
ii. The sign shalt not exceed three (]) feet measured at the widest point of the sign
face.
9.
iM. Any portion of the sign's face used for a chalk or dry -erase board shalt not exceed
fifty percent (50%) ofthe total sign face surface area.
d. Number. One portable sign may bedisplayed per business oroccupant inany
commercial nrindustrial area or Planned Unit Development.
e. Location. Aportable sign is restricted to the lot of the business establishment to which
apermiL has been issued, except such osign may belocated inthe public hght-nf'vmy
in front of the premises only where no front setback is required.
f. Placement: Aportable sign shalt:
21
i. Be placed only along sidewalks where a minimum five (5) foot wide clear sidewalk
is maintained. In no event shall a portable sign beplaced on any bicycle path. The
placement ofaportable sign shalt not obstruct access toany crosswalk, mailbox,
curb cut, fire hydrant, fire escape' fire door, building entrance, public parking
space or any other public property, nor shall a sign obstruct the ability of persons
toexit/enter vehicles parked along the curb;
h. Not be attached, chained or in any manner affixed to public property including
street trees, utility poles or sign posts;
hi. Not obstruct the clear view of any traffic signal, regulatory sign or street sign;
iv. Not be located closer than 1Ofeet toany other portable sign;
v. Not be located directly adjacent to bus stop ortransit vehicle, shall not obstruct
sight lines of road users, nor be placed less than twenty-five (I5)feet from m street
intersection or fifteen (15) feet from a crosswalk;
vi. Not be placed in such a way as to interfere with snovvpiowing of the streets;
vii. Be maintained free ofsnow, be placed on solid ground atall times and shall not be
placed ontop nfsnow banks.
g, ///unninubon. A portable sign shalt not be illuminated.
h. Time Limitations and Re/novo/. A portable sign may be displayed only during business
hours. Such sign must be removed and safety stored out of view during times when the
business is not open to the public. Trailers or other vehicles that are not used
principally as a sign may be parked on the lot when the business is not open to the
public,
j. Enforcement. Portable signs located within the public right-of-way are m privilege and
not a right. The City in permitting placement of such signs in the public right ofway
reserves the right torequire their removal atany time because nfanticipated nr
unanticipated problems orconflicts. Tothe extent possible, the pennitteeshalt be
given prior notice of any time period during which, or location at which, the placement
ofportable signs is prohibited. Furthermore, the sign permit maybe revoked bythe
Planning Director following notice tothe pernittee. The permit may be revoked if one
ormore conditions outlined in this section have been violated, or if the sign is
determined to constitute a public nuisance not specifically outlined in this section.
Following the revocation of the sign permit, no application for the same site shall be
filed within one hundred eighty (180) days from the date ofrevocation. The permitLee
has a right to appeal the decision of the Planning Director within thirty (30) days of
issuance nfarevocation notice pursuant to§154.21Z.N.2.
'. Indemnification. Where temporary, portable sign is permitted in the public right-of-
way, the owner, lessee or lessor ofthe business to which a permit has been issued and
the property owner shall agree in writing to fully indemnify and hold the City harmless
for any personal injury or property damage resulting from the existence or operation of
said sign, and shall furnish evidence of general liability insurance in the amount of fifty
thousand doiieo ($50.000.00)vvith the City as additional named insured or provide
other security to the satisfaction ofthe City Administrator.
k. Permit Renewal. The permit for a portable sign must be renewed annually prior to
January ofeach year.
K. Signs Exempt from Permit. Consistent with the purpose and scope of this ordinance. the City
recognizes that certain temporary, necessary, orlimited-purpose signs should belawfully
displayed without the need to obtain a permit and should not count as part of the specific sign
area allowed to be displayed on particular property. Aiisigns exempt from permit
22
requirements must. nonetheless, adhere to all other applicable sections of this ordinance and
all other applicable State and Federal regulations. The City finds that the following signs may
bedisplayed without o permit because they serve an immediate ortemporary traffic safety or
vvoyfindinQfuncdon:
1. Address and Nameplates. Address and name plates not exceeding three (3) square feet in
area.
2. Athletic Field Signage. Signs, banners, and scoreboards designed solely for view from
spectator areas and displayed on interior watts ' fences, orother structures located inside
anenclosed athletic field ataschool, park, orother public nrprivate athletic complex.
Approval of the Park Commission shalt be required todisplay a sign, banner' or scoreboard
under this paragraph ataCity park.
]. Awning S/gnuge. Signs displayed on awnings located on commercial urindustrial buildings
provided that the signs are displayed on the lowest twelve inches (1I") of the principal
face nrside panels ofawnings and provided that they do not exceed six inches (O") in
height.
4. City Signs on City Property. City signs on City property not exceeding thirty-two (32)
square feet in area.
5. Construction Signs. Such signs may only be placed on the property where work is in
progress, shall not be erected prior to the beginning of work for which m valid building
permit has been issued, and shalt be removed within ten (10) days nfcnmp(ehon nfwork nr
the expiration nfthe building permit, whichever issooner. Construction signs on parcels in
residential or park uses shalt not exceed thirty-two (32) square feet per street frontage.
[onstruction sign area for commercial, industrial, multi -family, or planned development
uses on parcels less than 100,000 square feet shall not exceed sixty four (64) square feet
per street frontage; and on parcels greater than 100,000xquare feet shall not exceed
ninety six (96) square feet per street frontage. Square footage may bedivided.
8. Flags. Flags that comply with the provisions of5154.212.H.9.
7. Go(ogp Sale and Estate So/c Signs. Signs advertising a garage xoie shall not exceed four (4)
square feet in area, shall not be displayed for o period of time more than seventy-two (72)
consecutive hours and may bedisplayed no more than twice in any one calendar year. Up
to three (]) residential garage sale signs may be displayed per event, two (Z) of which may
bedisplayed off'premises, but not inthe public right'of'vvay.Any such sign placed on
private property must have the consent of the property owner nnwhose property such sign
is displayed.
8. Government Signs, Including Traffic orOfficial Public Hearing Notice Signs. Such signs are
placed, authorized, or required bythe City or other authorized governmental agency. The
requirements for maximum area, height, setback, orother size, materials or physical
specifications shall be as required by taw o/the authorizing agency.
g. Holiday and Temporary Decorations. Holiday or temporary decorations when located on
private property, or with the approval of the City ifon public property. In addition, any
sign in the nature ofo decoration, identification or direction, incidentally and customarily
associated with any national or religious holiday or any civicfestivai. fair orsimilar
gathering, held during o period often (10) days or less in any year, provided such sign oho(i
not differ substantially from the requirements set forth in this Section. Such decorations
may not contain any commercial message or logo or depict any commercial symbol or
character.
10. Home Occupation Signs. Signs identifying only the name and occupation of the resident.
Home occupation signs shall benon'iihuminated, Dush'mounted[oawatt ofthe residence,
and shall not exceed two (Z) square feet in area.
23
11. /Wennoriu/ Signs. Any non'cnmmerciui sign in the nature of a cornerstone, commemorative,
orhistorical tablet orlandmark designation plaque.
12. Menu Signs. Menu signs up to fifty-five (55} square feet in area and six (6) feet in height,
provided they are located within fifteen (15) feet of the commercial building with which
they are associated or advertise and in a manner such that the copy is not readily viewable
from the public right -of -way qraresidential occupancy onunadjacent lot.
13. Nmn'[onnnnerciu/41essogez. One sign per parcel per street frontage carrying any lawful non-
commercial messa8e not exceeding twelve (12) square feet inarea. Any other permitted
commercial sign may besubstituted fora noncommercial message but will count toward
the to1eisignage type and area for the parcel upon which it is located. Hand-held signs
carrying noncommercial messages are not subject to any size limitation so long as they are
held by and under the physical control of a person during all. times they are on display.
14. Parking Lot Regulation Signs, Pa/king signs not exceeding nine (9) square feet and having e
minimum setback Vften (10)feet.
15. Parking Lot Directional Signs. Signs must comply with the provisions of§154.21Z.H.8.
16. Parking Lot Traffic Signs, as required by bvv.
17. Political and Election Campaign Signs. Signs containing apohtica(message and displayed
during an election campaign period are allowed in addition to the noncommercial message
sign under subsection (13) during the election campaign period, however' after ten (10)
days has passed from the election date such sign may continue to be displayed, but wit[
count asthe allowed noncommercial message sign under subsection (13). Political and
election campaign signs may also substitute for any commercial message sign in the same
manner. Unless substituted for another permitted sign, such signs shalt not have any
electrical component, Such signs shalt not have a mechanical or audio auxiliary component,
and shalt not be attached to or placed on utility poles, Lrees, traffic devices, or within the
public right-of-way.
18. Real Estate Signs Advertising Residential Properties, Signs located on premise may not be
placed above the top ofthe lowest ieveiofthe building. All signs authorized under this
subsection shalt be removed within ten (10) days of the sate or rental of the residential
units being advertised.
a. For lots containing less than four (4) dwelling units within one residential structurz,
onennn'i\iuminwted real estate sign up to six (6) square feet per unit may be displayed
to advertise the sate orrental ofthe premises or any part thereof.
b. For tots where at [east four (4) but Less than sixteen (16) dwelling units are contained
within one residential structure, onenon'i((uminat*d real estate sign uptotwelve (12)
square feet may bedisplayed to advertise the sate nr rental of the premises or any part
thereof.
c. For tots where sixteen (16) or more dwelling units are contained within one residential
structure, one non -illuminated real estate sign up to thirty-two (]I) square feet may be
displayed toadvertise the sate or rental ofthe premises orany part thereof.
d Uptntwo (Z) signs directing traffic to "open houses", each sign no more than six (6)
square feet /n area, may beinstalled off property after obtaining the consent of the
property owner onwhose property such sign is to be displayed. These signs may not be
Located in the public right-of-way. These off property directional signs may be
displayed only during the hours that the advertised activity istotake place, and they
must be self-supporting type sign.
19. Real Estate Signs Advertising Dny/p Occupant [onnrne/'cio/ Property. For tots Less than five
(5) acres, onennn'iiium1noted real estate sign uptotwelve (12) square feet in area maybe
24
displayed. For Larger lots, one nmn'i|iumjnotedreal estate sign uptnthirty-two (32)square
feet in area may be displayed. /l( signs authorized under this subsection shall be removed
within ten (10) days of the sale or rental ofthe commercial unit being advertised.
ZO. Real Estate Signs Advertising Non -Residential Grouped Development orMulti-Tenant
Buildings. For each group development or mutti-tenant building containing nonresidential
Land uses, a maximum of two (I) signs, one per each nonresidential street frontage, may be
displayed up to a maximum of thirty-two (32) square feet in area.
21. Real Estate Subdivision Signs, For each real estate subdivision that has been approved \n
accordance with the City ofLake Elmo subdivision regulations, a maximum of two (%)
temporary development project identification signs may be Located on some portion ofthe
subject subdivision. Each such sign shall be not more than thirty-two (32) square feet in
area. One additional similar sign shall be permitted for each one hundred (100) tots in the
subdivision in excess of one hundred (100) tots. These signs may bedisplayed until atime
at which building permits have been issued for eighty percent (80%) of the tots in the
subdivision. Signs advertising sale or lease after such time shall conform to the
requirements mfsubsection (1O)ofthis section.
22. Temporary Notices. Leaflet -type notices fiat'mountedto kiosks or public information
boards.
Z]. Utility Company Signs, Signs that serve as an aid to public safety or that show the location
of facilities such as public telephones and underground cables only to the extent necessary
toaccomplish those goals,
24. Window Signs, Temporary, Signs and displays that are of u temporary nature such as for
advertising sales and specials and that do not cover more than thirty (30) percent of the
total grnund'finnrwindovv area of any building, excluding the door windows. Merchandise
and pictures or models of products or services incorporated in a window display are not
considered signs, Any sign placed an the outside ofa window requires adgn permit unless
the sign is weatherproof and does not pose a danger from falling or being blown by the
25. Window or YYo// Signs Not Readable Off -Premises. Window or watt signs not exceeding two
(Z) square feet ioarea with lettering not exceeding three (3) inches high designed to
provide information to persons on the premises such as hours of operation, or sample
restaurant menu. Where nofront yard setback exists, such signs aswould generally be
unreadable off premises where minimum setback regulations apply shalt qualify for this
exemption notwithstanding that such signs are readable from the public right of way. Such
signs shall not becounted toward total permitted signage.
L. Prohibited Signs, The following signs are expressly prohibited inthe City ofLake Elmo:
1. Abandoned Signs
Z. Of 'Premise Signs, except as expressly allowed under this Section,
]. Inflatable Signs
a. Rationale, Inflatable signs shall be prohibited because they are generally more
distracting and hazardous to pedestrian and traffic safety, tend Lohave ananchoring
device that is less reliable under wind pressure, and out of scale and less compatible
with surrounding structures and signs,
b. The following inflatable devices shall not be considered asign:
i. Registered hot air balloons in use and momentarily moored but not being used
primarily as a sign.
25
<i Novctty'type balloons less than two (Z) feet in diameter and less than three (3)
feet in any dimension tethered or moored no more than ten (10) feet above the
ground.
iii. Inflatable holiday or other decorations displayed temporarily on private pruperty,
that donot contain any commercial message orLogo ordepict any commercial
symbol orcharacter, and that does not exceed fifteen (15)feet /nheight.
4. Signs attached to any public utility pole orstructure, street tree, fence, fine hydrant,
bridge' curb, sidewalk, park bench, or other Location on public property except as
otherwise expressly permitted under this Section.
5. Beacons., unless authorized for use by the City of Lake Elmo orany other govennmentai
entity in the exercise of official government business and authority.
M. Legal Non -Conforming 3h7no. Any legal non'conformingsign may continue to be displayed or
replaced consistent with §154.150through §154.151, Non -Conforming Uses and Structures.
N. Variances and Appeals
1. Variances. |tisrecognized that circumstances may exist from time totime where strict
application nfthe size, location and type ofsign standards hereinafter specified for the
various zoning districts may be unreasonable or where Literal enforcement ofthe
regulations may work an unnecessary hardship on the applicant. Variations from the
standards are, therefore, permitted by issuance of variance by the City Council upon
recommendation of the Planning Commission that such extenuating circumstances exist.
Variances shalt beconsidered according tothe provisions of§154.O17.
2, Appeals. An applicant may appeal any decision of the Planning Director to the Board of
Adjustment and Appeals according tuthe provisions of§31.1O.
O Violations
1. It shalt be unlawful and a violation of this ordinance for any person to maintain any
prohibited sign, to perform ororder the performance of any act prohibited by this
ordinance, or to fail to perform any act which is required by the provisions ufthis Section.
/n the case of any such violation, each twenty four (24) hour period in which such violation
exists shall constitute aseparate violation,
2. Any and at[ signs, erected, altered, or maintained in violation of this Section, or any of the
clauses and provisions of the same' orinviolation ofany ofthe laws orordinances of the
City and/or the State of Minnesota, are, and each of them is declared to be a public
nuisance and subject toenforcement. Any such signs xoerected, altered or maintained
contrary to taw shalt be abated as a common nuisance by the Planning Director.
P. Penalty. Any person who shalt fail to comply with any ofthe provisions o/ this Section shalt be
subject to a penalty as prescribed by51U.99 of this [ode.
Q. Enforcement
1. If the Planning Director or Building Official finds that any sign has been erected, altered, or
is being maintained in v/n(otion of this section, or is in an unsafe condition as to be a
menace tothe safety, health, or welfare of the public, heorshe shall give written notice
to the owner thereof of the person entitled to possession ofthe sign and the owner ofthe
real estate upon which the sign isLocated, Nonotice shalt berequired for permitted
temporary signs displayed in violation oftime limitations prior to taking enforcement
action.
2. Said letter shalt notify the ovvner, or person entitled topossession of the sign, of the
specific violation or violations and direct that alterations, repairs or removal, whichever
26
maybe applicable, be made to bring said violations in conformance with the terms and
conditions ofthis Section.
3. In the event the person so notified fails or neglects to comply with or conform to the
requirements of such notice, the Planning Director or Building Official may file an
appropriate citation or complaint in an appropriate court of law nr take whatever other
iegatac1inn may benecessary tocause such sign to beaiterpd or removed, |fasign is
considered abandoned, the City, after notice, may remove such sign at the cost of the
owner of the property upon which the sign sits. An invoice for such costs shall be sent to
the property owner and, if not paid, shall be placed on the tax rot( as aspecial charge
pursuant tokx.S. 5429.061.
SeverabiUtyand Conflict
1. Spvenzb///ty.The provisions ofthis ordinance are severable. |fany section, subsection`
sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or
unconstitutional, such portion shalt be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the remaining portions thereof.
2. Conflict. If any part of this ordinance is found to be in conflict with any other ordinance or
with any other part of this ordinance, the most restrictive or highest standard shall prevail.
If any part of this ordinance is explicitly prohibited by federal or state stature that part
shalt not be enforced.
SECTION 5^ Effective Date. This ordinance shalt become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 6. Adoption Date. This Ordinance 08-082 was adopted OD this eighteenth
day of June 2013, by a vote of Ayes and Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
AT -[EST:
Adam Bell, City Clerk
This Ordinance 08'082 was published on the day of , 2013.
27
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2013-48
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-082 BY TITLE
AND SUMMARY
WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-082, an
ordinance to the City's regulations pertaining to Signage Regulations; and
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes. section 412.191, subd, 4, allows publication by title and
summary in the case oflengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
that the City Clerk shall cause the following summary of Ordinance No. 08-082 to be published in
the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-082, which replaces
the current sections of the City Code pertaining to Signage Regulations. The revised ordinance
includes the following revisions from the previous ordinance:
• The establishment of different procedural and administrative elements of addressing
signage in the community
• The inclusion of basic design considerations for signage in the community.
• The establishment of standards related to location of signage to ensure safe and
reasonable use of signage; and
• The establishment of different allowances for signage types and sizes according to
location of signage and applicable land use or zoning;
The full text of Ordinance No. 08-082 is available for inspection at Lake Elmo city hall during
regular business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City
Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of
the ordinance be placed in a public location within the City.
Resolution No. 2013-48 Page 1 of 2
Dated: June 18, 2013.
Mayor Mike Pearson
ATTEST:
Adam Bell. City Clerk
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2013-48 Page 2 of 2
-11-1E: CITY OF
AGENDA ITEM:
-SUBMITTED BY:
THROUGH:
REVIEWED BY:
MAYOR AND COUNCIL COMMUNICATION
DATE:
REGULAR
ITEM #:
ORDINANCE
Zoning Text Amendment — Fence Ordinance
Kyle Klatt, Planning Director
Dean Zuleger, City Administrator
Planning Commission
Nick Johnson, City Planner
SUGGESTED ORDEROF BUSINESS:
6/l 8/2013
12
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
SUMMARY AND ACTION REOUESTED:
The City Council is asked to consider a Zoning Text Amendment, establishing new fencing regulations in
Lake Elmo. These fencing provisions will he organized under Article 5 - General Regulations under the
new organizational structure of the Zoning Code, This Zoning Text Amendment is part of the ongoing
effort to reorganize and improve the Lake Elmo Zoning Code. The attached ordinance reflects changes
that were recommended by the Council following its June 1 1111 workshop.
Staff and the Planning Commission reconznzend that the City Council approve Ordinance 08-083 through
the,fbilowing moti011:
"Move to approve Ordinance 08-083, establishing new e ..ng regulations in the Lake Elmo Zoning
Code"
BACKGROUND ANDSTAFIREPORT:
Staff is continuing to progress on a large project aimed at incrementally reorganizing and improving the
Lake Elmo Zoning Code in preparation of upcoming growth, One of the ordinances that was identified
needing improvement was the Fence Ordinance. More specifically, the ordinance is poorly organized and
unnecessarily complex in some areas. Therefore, Staff evaluated ways to make the fence ordinance more
straightforward and less complicated. In addition, the existing ordinance does not adequately address
commercial fencing. Currently, commercial fencing is only addressed through required screening of
various uses in specific zoning districts. In order to take a more comprehensive approach to commercial
fencing, Staff determined that a base standard for commercial fencing should be included, as opposed to
fencing only for required screening. These factors were the driving forces behind brining forward a
Zoning Text Amendment related to fencing regulations.
Regarding the proposed Fence Ordinance, there are multiple changes in policy pertaining to fencing
regulations, including the following:
Fence Height: The proposed ordinance allows a height of 6 feet for residential fences and 8 feet
for commercial fencing. The exception to these heights is that fences within front and side
(corner) yard setback areas must not exceed 42 inches in height and must be 50% open to air and
light. This requirement in front and side (corner) yard setback areas is to prevent any safety
concerns related to obstructed vision of motorists or pedestrians due to fencing. In addition, the
ordinance addresses any requests for commercial fencing above 8 feet through the conditional use
permit process. Addressing this request through the CUP process ensures that no adjacent
properties are negatively impacted by such fencing.
Air and Light Provisions: The existing fence ordinance currently requires that any residential
fencing above 42 inches must be 75% open to air and light. In other words, the current ordinance
does not allow for solid, or privacy, fencing in residential districts. Based upon multiple requests
to Staff for this type of fencing in the past, as well as anticipated increased demand with future
growth, Staff determined to allow for solid fencing in residential districts, as long as it was not
located in the front or side (corner) yard setback areas. It should be noted that the 75% open to
air and light provision in the existing ordinance was established to maintain long vistas and views
in order to retain a rural character. However, it is important to note that this provision greatly
limits the type of fencing that can be used in residential circumstances. Finally, of all the fence
ordinances that Staff researched as part of formulating the proposed ordinance, none of the other
ordinances had an air and light provision with the exception of front and side (corner) setback
areas for safety reasons.
• Additional Items: The proposed Fence Ordinance also includes other subtle deviations from the
existing ordinance. Provisions were added in the proposed ordinance pertaining to temporary
fencing, including winter recreational fencing and size limitations. In addition, the existing Fence
Ordinance contains provisions related to fences in shoreland districts. After review of a variety of
other fence ordinances in the Twin Cities, it was determined that these provisions are
unnecessary. Finally, the permitted fence materials from the existing ordinance were carried
forward into the proposed ordinance. The only difference is that the allowed materials for
commercial fencing do not include wood, with the exception of picket and split -rail decorative
fencing. Related to commercial fencing, the Planning Commission expressed concern about the
ongoing maintenance of wood plank fencing in commercial districts.
Overall, Staff has attempted to draft a Fence Ordinance that is more straightforward and easy to
administer. The Planning Commission engaged in multiple discussions about the various provisions
included in the proposed ordinance and have recortunended it for approval. As part of adopting the
proposed Fence Ordinance, the existing fence ordinance would be removed from the Code. All of the
changes are outlined in Ordinance 08-083.
PLANNING COMMISSION ItEfORT:.
The Planning Commission reviewed the proposed Fence Ordinance at a regular meeting on May 13,
2013. At this meeting, the Planning Commission made some recommendations related, to minor
2
adjustment of the draft ordinance. Staff responded to this request by making minor refinements, After an
initial review, the Planning Commission held a public hearing on the proposed Fence Ordinance on May
29, 2013. No one spoke in favor or against the ordinance at the public hearing. The Planning
Commission recommended the proposed ordinance for approval (Vote: 4-1, with Commissioner Haggard
voting no).
CITY COUNCIL WORKSHOP UPDATE:
The City Council reviewed the proposed fence ordinance at a workshop meeting on June 11, 2013. The
Council discussion focused on four primary aspects of the proposed ordinance, which has resulted in the
following modifications to the version reconunended by the Planning Commission;
Fence materials. The ordinance has been revised to allow wood as a permitted material in
commercial districts. Staff has combined what were previously two separate sections for
residential and commercial fences because the permitted materials in each district are the same.
Temporary fencing. The earliest that snow fencing can be installed was moved up to October r,
Fences on property lines. The "Location" section (154.205.D.5) has been completely revised to
reflect the Council's direction to allow fences on property lines, to require that monuments be
exposed for inspection in these instances, and to specify that the City may require a survey in
cases where a boundary line is in dispute.
The final section of the ordinance that was subject to debate by the City Council concerning solid wall
fences on lots less than 1/4 acre in size has not been modified from earlier draft. The general direction
from the Council workshop was to not make any changes to the draft; therefore, if the Council does not
support the ordinance as presented Staff will seek specific changes from the Council at the meeting.
Based on the workshop discussion, it is expected that Council Member Smith will be seeking language
that requires fences on lots under 1/4 acre in size to maintain a certain percentage of openness to light and
air (75% has been used in the past) for any fence over 4 feet in height.
RECOMMENDATION:
Staff and the Planning Commission recommend that the City Council approve Ordinance 08-083 through
the,following motion:
"Move to approve Ordinance 08-083, establishing newfencing regulations in the Lake Elmo Zoning
Code"
ATTACHMENT(S):
1. Ordinance 08-083
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-083
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADOPTING NEW FENCING REGULATIONS IN THE LAKE ELMO ZONING CODE.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by repealing City Code Sections 154.120
through 154.128 in their entirety.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by adding the following language:
Article 5 - General Regulations
5154.205 Fencing Regulations
S154.205 Fencing Regulations
A. Purpose. The purpose of this Ordinance is to provide for the regulation of fences in the
city of Lake Etmo and to prevent fences from being erected that would be a hazard to
the public, an unreasonable interference with the uses and enjoyment of neighboring
property or are incompatible with existing uses and other zoning restrictions.
B. Definitions. The following words, terms and phrases, when used in this Section, shall
have the meaning ascribed to them in this subsection, except where the context
clearly indicates a different meaning:
Permanent Fence. Fences that are installed in a fixed or enduring manlier that are not
intended for a seasonal or temporary purpose.
Temporary Fence. Fences that are installed and removed on a seasonal basis, such as
snow fences, garden fences and seasonal recreational fences, such as hockey boards.
C. Permit Required
1. Permanent Fence. No permanent fence shall be erected without first obtaining a
fence permit. Application shall be made to the Planning Director. The fee shall be
established by the City's Fee Schedule. The Planning Director is authorized to issue
a fence permit if the application indicates that the fence will be in compliance
with this Ordinance, The Board of Adjustment and Appeals shall hear and decide
appeals when it is alleged that the Nanning Director was in error. The appeals
shall follow the procedure outlined in 531.01.
2. Temporary Fence. Temporary fencing that complies with subsection (F) and all
other applicable provisions of this Ordinance shall be exempt from permit
requirements.
D. General Requirements. Alt fences erected in the city of Lake Elmo are subject to the
following requirements:
1. Maintenance. All fences shall be properly maintained with respect to appearance
and safety. Fences that remain in a state of disrepair for an extended period of
time shall constitute a nuisance per 596.03.
2. Face of Fence. The finished side of any fence or wall must face abutting property
or street rights of way.
3 Fence Materials. Permitted fence materials shall be limited to brick, stone, wood,
wrought iron, vinyl, composite material, steel, aluminum, chain -link and, in cases
of temporary fencing only, materials that are consistent with temporary fencing as
regulated under subsection (F)
4. Traffic Obstruction. No fence or wall shall obstruct a motorist's or a pedestrian's
safe view from the driveway or street.
5. Location.
a. Fences may be installed on any portion of a tot subject to the height
restrictions of 5154.205.E and may be installed along property lines provided
the adjacent property agrees, in writing, that such fence may be erected on
the boundary line of the respective properties. Any portion of the fence and
all footing material shall not encroach on the neighboring property.
b. All pertinent property pins shall be visible upon inspection for fences installed
within one foot of a property boundary.
c. In the case of a dispute, the City may require a survey to establish the
boundary line of a property.
6. Easement Encroachment. An easement encroachment agreement must be
approved by the City Council, along with a fence permit, for any fence that will be
installed within a City easement.
7. Swimming Pools. All swimming pools shalt be enclosed with required fencing per
5151.085.
E. Fence Height
1. Fences within Front and Side (Corner) Yards. Any fence within a front or side
(corner) yard setback may not exceed forty-two (42) inches in height and must be
50% open to air and light.
2. Residential and Mixed -Use Districts. No fence or watt shall exceed six feet (6') in
height.
3 Commercial and Industrial Districts. No fence or wall shall exceed eight feet (8')
in height. Fences that exceed eight feet (8') in height require a conditional use
permit.
F. Temporary Fences
1. Height and Performance. Temporary fences shall comply with the fence height
standards of subsection (E). Temporary fences shall be at least 40% open to air
and light. If unable to be at least 40% open to air and light, temporary fences shall
not exceed forty-two inches (42") in height.
2. Duration and Limitation
a. No snow fence or posts shall be installed prior to October 1, and must be
removed prior to April 15.
b. Seasonal recreational fencing intended for winter sports, such as hockey or
broomball shall not be installed prior to October 1, and must be removed prior
to April 15.
3 Location. Snow fences shall be set back at least 50 feet from any south or east
property tine, or such additional distance as may be required to prevent the
accumulation of snow on public streets or adjoining property, as determined by
the Public Works Director.
G. Prohibited Fencing. Barbed wire and electric fencing are prohibited in platted areas.
H. Agricultural Exemption. Fences constructed on parcels in excess of 5 acres for the
keeping of horses; and fences constructed on parcels in excess of 10 acres are
specifically exempted from the provisions of this Section. Any such agricultural fencing
shall be at least 75% open to air and light.
SECTION 3. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Etmo.
SECTION 4. Adoption Date, This Ordinance 08-083 was adopted on this fourth day of
June 2013, by a vote of Ayes and Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
ATTEST:
Adam Bell, City Clerk
This Ordinance 08-083 was published on the day of , 2013.
3
CITY cliE
LAKE ELMO
AGENDA ITEM:
SUBMITTED BY:
THROUGH:
REVIEWED BY:
MAYOR AND COUNCIL COMMUNICATION
DATE:
REGULAR
ITEM #:
ORDINANCE
Zoning Text Amendment — Administration and Enforcement
Nick Johnson, City Planner
Dean Zuleger, City Administrator
Planning Commission
Kyle Klatt, Planning Director
SUGGESTED ORDER OF BUSINESS:
6/18/2013
13
Introductionof 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
SLTMMARYAND ACTION REQUESTED:
The City Council is asked to consider a Zoning Text Amendment, establishing new administrative
provisions in the Lake Elmo Zoning Code. These administrative provisions will be organized under
Article 3 — Administration and Enforcement under the new organizational structure of the Zoning Code.
This Zoning Text Amendment is part of the ongoing effort to reorganize and improve the Lake Elmo
Zoning Code.
The Planning Commission recommends the City Council approve Ordinance 08-084 through the
following motion:
"Move to approve Ordinance 08-084, establishing new administrative provisions in the Lake Elmo
Zoning Code."
In addition, Staff recommends that the City Council approve Resolution No. 2013-49, authorifing
summary publication of Ordinance 08-084, through the .following motion:
"Move to approve Resolution No. 2013-49, authorizing summary publication of Ordinance 08-084,"
BACKGROUND AND STAFF REPORT:
Staff is continuing to progress on a large project aimed at incrementally reorganizing and improving the
Lake Elmo Zoning Code in preparation of upcoming growth. One of the areas of the Zoning Code that
was identified as needing improvement was the administrative section. More specifically, the
administrative provisions of the Zoning Code are incomplete, repetitive and inconsistent. After
conducting a review of the existing administrative provisions, Staff found that the submittal requirements
of different types of permits are not consistent. In addition, the existing administrative section lists
procedural requirements under each individual permit type, even though the procedures are quite similar.
Therefore, this section can be streamlined to be less repetitive and more straightforward. The proposed
administrative section of the Zoning Code establishes all of the procedures of how the Code is to be
administered, including the following components:
• Identifies the City Staff that are responsible for issuing permits, enforcing the code, keeping
records, processing applications and performing other administrative duties.
Outlines the application and review process with a unified list of application submittal
requirements.
• Establishes unified standards and procedures for the public hearing process.
• Identifies and describes all of the permits that are required by the Zoning Code. Staff is
recommending a new permit category called "Certificate of Zoning Compliance" to regulate uses
that are not subject to requirements of the State Building Code, such as fences, driveways, small
accessory structures, home occupations, among others.
• Outlines all of the enforcement procedures as part of administering the Code.
• Finally, Staff has included procedures related to design review as a placeholder for when the City
formally adopts some form of design guidelines or standards.
The Planning Commission reviewed the proposed ordinance at a regular meeting on May 13, 2013, At
this meeting, the Planning Commission asked clarifying questions and provided minor feedback. The
Planning Commission held a public hearing on the proposed administrative ordinance (Ordinance 08-084)
on May 29, 2013, which was continued to the meeting on June 10, 2013. At the public hearing, the
Planning Commission entered comments submitted in writing by Council Member Wally Nelson into the
public record. After working with Staff on two minor amendments to the proposed ordinance, the
Planning Commission unanimously recommended the administration and enforcement ordinance for
approval (Vote: 6-0).
It should also be noted that Staff is recorrunending to replace the existing administrative provisions in the
Zoning Code. The administration section would be organized under Article 3 of the new organizational
structure.
RECOMMENDATION:
The Planning Commission recomniends the Council approve Ordinance 08-084 through the
ntotion:
"Move to approve Ordinance 08-084, establishing new administrative provisions in the Luke Elmo
Zoning Code."
In addition, Staff recommends that the City Council approve Resolution No, 2013-49, authorLing
sununary publication of Ordinance 08-084, through the following motion:
"Move to approve Resolution No. 2013-49, authorizing summary publication of Ordinance 08-084."
ATT ACHMENT (,5):
1, Ordinance 08-084
2. Resolution No. 2013-49
2
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-084
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADOPTING NEW ADMINISTRATIVE AND ENFORCEMENT PROVISIONS IN THE LAKE
ELMO ZONING CODE.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by repealing City Code Sections 154.015
through 154.021 in their entirety.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:
Land Usage; Chapter 154: Zoning Code, by adding the following language:
ARTICLE 3 ZONING ADMINISTRATION AND ENFORCEMENT
5154.100 Director of Planning
S154.101 Applications Review Process
§154.102 Public Hearing Requirements
§154.103 Permits, Certificates and Licenses
§154.104 Planning Commission
§154.105 Zoning Amendments
§154.106 Conditional Use Permits
§154.107 Interim Use Permits
5154.108 Appeals and the Board of Adjustment
5154.109 Variances
S154.110 Violations and Enforcement
5154.100 Director of Planning
The City Council shall appoint a Director of Planning. The Director of Planning, or his/her designated
agent, shall enforce this chapter and shall perform the following duties:
A. Permits. Issue zoning permits pertaining to the zoning ordinance and make and maintain
records thereof;
B. Inspections. Conduct inspections of buildings and use of land to determine compliance with
the terms of this chapter;
C. Records. Coordinate with the City Clerk to maintain permanent and current records of this
chapter, including but not limited to: all maps, amendments and conditional uses, variances,
appeals and applications therefore;
D. Applications. Receive, file and forward all applications for appeals, variances, conditional uses
or other matters to the designated official bodies;
E. Interpretation. Interpret the provisions ofthis chapter and related provisions ofthe City Code,
including determinations of Zoning Use Types and Classifications as specified in §154,(j11.
F. Enforcement. Institute in the name ofthe City any appropriate actions or proceedings to
enforce this chapter;
G. Work prugnznn. Recommend a program of work pursuant to Section §32.03Z of the City Code to
the Planning Commission prior to the beginning of each calendar year and at such other times
asthe Planning Commission may request.
R. Reporting. Submit o yearly report to the Planning Commission in January ofeach year
summarizing the activities ofthe Planning Department during the previous year, including
information related tohousing, public infrastructure, City facilities, industrial and commercial
development, enforcement actions, and other such information as the Director ofPlanning
deems relevant. This report should also include any recommended changes to the
Comprehensive Plan or various land use ordinances.
\. Planning [un,nn/ss/un. Serve as an ex'officio' non -voting member ofthe Planning Commission,
5154,101 Applications and Review Process.
A. Application Form and Fee. The following general provisions apply toat[ applications required
under this chapter.
l. Application Form. All applications for any site plan, condidonai use permit, zoning
vehfioubon, variance, nrfor any other City approval required by this chapter, or to amend
this chapter, shall be made inwriting on a form provided bvthe city, to the Director of
Planning.
a. Information Required. Every application shall contain the legal description ofthe
property and m statement of the specific permit or action being sought. In addition'
every application shall include the submission requirements listed in §154. 101. B. 1.
Nothing in this section shalt be deemed to prevent the city from requesting additional
information from the applicant upon which tobase adecision.
2. Fee. The application shalt be accompanied by the required fee as established by resolution
ofthe City Council. If dispute arises over a specific fee imposed by the city' the amount
ofthe fee must be deposited and held in escrow, and the person aggrieved by the fee may
appeal todistrict court, as provided byW\. S. 462.361 (judicial review), as it maybe
amended from time to time. The application shall proceed as if the fee had been paid'
pending odecision ofthe court.
B. Application Requirements.
1. Submission /Wotpria/x. Submission materials for applications required under this chapter
shall include the following specific information:
a. Site plan drawn tnscale showing parcel and bui(ding dimensions.
b. Location of at[ buildings and their size, including square footage.
c. Curb cuts' driveways, access roads, parking spaces, off-street loading areas, and
sidewalks.
d. Landscape plans meeting the requirements of��'���./ ofthis Zoning
e, If grading or storm water management is proposed' grading and storm water, crosinn,
and sediment control plans meeting the requirements of�.15O,77"� throumh S1�0.284`
2
t Type ortypes mfbusiness oractivity and proposed number mfemployees.
g. Proposed floor plan of any building with use indicated,
h. Building elevation drawings of any new construction or building renovation proposed,
i. Sanitary sewer and water plans with estimated flow rotes.
j. Soil type and soil (imitations for the intended use. If severe soil (imitations for the
intended use are noted' a plan orstatement indicating the soil conservation practice or
practices to be used to overcome the [imitation shall be made part nythe application;
and
k. For applications that require apublic hearing, acertified list Vfproperty owners
located within ]5Ofeet ofthe subject property obtained from and certified by
licensed abstractor.
L The Director of Planning may require that the applicant supply proof of ownership of
the property for which a permit is requested.
m. The Director of Planning may require traffic generation information to determine the
adequacy ofexisting transportation infrastructure,
n. Such other information as maybe required by the Director ofPlanning, Planning
Commission nrCity Council.
Z. Naiwe/ofSubmission Materials, The Director nfPlanning may waive certain Submission
requirements for projects that will have a minimal impact on surrounding properties or in
instances when said submission requirements are impractical given the nature of the
proposed development,
C. Amended Applications, 4namendment toany permit issued under this Chapter shall bg
processed inthe same manner msonew application.
D. State Established Time Limit for Final Action. The City shall comply with the time //nn/ts as
established byMinnesota Statute 15.99(time deadline for agency action)' asitmay be
amended from time totime, with regards totaking action on any applications subject to said
Statute.
D 154.102 Public Hearing Requirements
This section contains requirements for public hearings held bythe Planning Commission, Board of
Adjustment orCity Council under this Ordinance,
A. Notification of General Public. The Director of Planning shall set the date for public hearing
and shalt have notices ofsuch hearing published in the legal newspaper at least once, and not
less than ten days prior to the hearing.
B. Notification ofSurrounding Property Owners. For any application for which apublic hearing is
required, the Director ofPlanning shall notify all property owners within the affected zone and
within three hundred and fifty feet (350') of the outer boundaries of the property in question.
1. Failure of any property owner to receive such notification shall not invalidate the
proceedings.
Z. The City Council may waive the mailed notice requirements for a city-wide amendment to
the zoning ordinance initiated by the Planning Commission or City Council.
C. Hearing Procedures
1. Public Hearings conducted by the Planning Commission, City Council, and Board of
Adjustment.
a. The Director ofPlanning orhis/her representative shall summarize the application and
any associated information,
b. The applicant shall be allowed to summarize the request and call any witnesses to
support his/her request.
c. The public shalt be allowed to make statements concerning the request subject to
reasonable limits that may beset bvthe body conducting the hearing,
d. The Planning Commission, City Council and Board ofAdjustment may establish other
procedures as needed to ensure due process for those parties involved with the
hearing.
2, Appeal Hearings. The Board mfAdjustment shalt hold ahearing and make adecision onany
appeal submitted in accordance with 54.z'01Cofthis Article. The Board of Adjustment
shalt establish rules for due process during appeal hearings and any party to the appeal
may appear at the hearing in person or by agent or attorney, At minimum, the following
hearing procedure will befollowed:
a. Appellant shall present ocase and may call any witnesses necessary in support thereof;
b. Respondent may ask questions ofappeKant'switnesses;
c, Respondent may call witnesses;
d. Appellant may ask questions of respondent's witnesses;
e. Respondent may summarize his orher position;
f. Appellant may summarize his orher position;
g. Generally, the Minnesota District Court Rules of Civil Procedure shalt apply for the
conduct ofthe hearing.
8 154.103 Permits, Certificates and Licenses
A. Building Permits
1. Compliance, 4 building permit is required for the construction or structural alteration of m
building or any part thereof. Other construction activity may require e permit in
accordance with the Minnesota State Building Code. Demolition, wrecking o/ removal of
any structure shall require ademolition ormoving permit, Nobuilding permit shall be
issued for any construction, eniargement, alteration or repair, demolition or moving of any
building or structure on any lot or parcel until all requirements of the Minnesota State
Building Code nsadopted bythe City ofLake Elmo pursuant tn[hapter-1`il(e XVo!c��2,
CbyCode have been fully met.
l. Concurrent Applications, If the proposed development requires n zoning amendment,
variance orconditional use permit' orother permit required under this Article, the
applicant shall secure all required permits prior to the issuance of a building permit for
said development.
l. Administrative Review ofPermits for Existing Platted Lots, If the proposed development
does not involve a zoning amendment, variance orconditional use permit, and proposes a
use., structure or expansion ofmnexisting structure on an existing platted tot, the Director
of Planning may review the application and authorize the Building Official to approve or to
deny the permit,
4. Expiration. Any building permit issued bythe city shall expire and by limitation be null and
void if certificate of occupancy and final completion has not been issued within the
following applicable period oftime after the date ofpermit issuance:
4
a. Single-family residential dwellings, including new construction, remodeling or
additions: 1Zmonths;
b. Muhi'fanik/and nonresidential construction: 12months unless aLonger time is
specified by the City Council atthe time the original permit isissued;
c. Extension. The Building Official may grant an extension prior tothe expiration of any
building permits inaccordance with the Minnesota State Building Code. An expired
building permit may be reissued once' by the Building Officin!, for one-half the original
permit fee. Thereafter, if the permitted work is not completed within the applicable
time period, a new permit may be issued only upon such conditions as the City Council
by resolution may prescribe, including financial guarantees to guarantee completion by
aspecified date,
d. Time Limitations for Exterior Work. All exterior work shalt be completed as follows:
i. Ai( disturbed and exposed ground shalt hecovered with landscaping in accordance
with �., h-111.1u11.11, �r�5�'?� nfthe City Code.
ii, Alt exterior construction, including siding, roofing, doors, windows and finish shalt
becompleted and present afinished appearance within six (0) months ofthe start
of construction. Tarpaper, unfinished plywood, fiberboard insulation, foam
insulation, brown coat Vrscratch coat nfstucco, plastic sheeting and other similar
materials not designed to be an exterior finish shalt not beconsidered on
acceptable exterior finish. Extensions for weather sensitive work may be granted
hythe Building Official.
iii. Failure to complete exterior work as required herein ohnU result in suspension of
the existing permit until a reinstatement fee equal to 100910 of the original building
permit has been made. Reinstatement ofabuilding permit does not extend the
original term of the permit. The reinstatement fee shalt also be paid prior to re -
issuance of any subsequent permit for exterior work that was not completed under
o prior permit that expired.
B. [ert8YcoteofZoning [on�p//once. AcertiMcateofzoning compliance isazoning permit that is
intended' as ' means ofadministratively reviewing a new use, change in use, or structural
change that does not require abuilding permit.
1. When Required. A certificate of zoning compliance is required for the following activities:
p. Anevv use classification within an existing building or structure;
b. Achange of use classification within an existing building or structure;
c. Addition, removal orchange in parking orother on -site improvements;
d. Small accessory structures that donot require abuilding permit;
e. Home occupations;
f. Swimming pools;
Q. Antennas, including amateur radio antennas and wireless communications facilities that
meet the criteria for administrative review in §1VIAI1("'j;
h. Fences six feet and Less in height;
i. Driveways that are not authorized axpart ofanapproved building permit;
'. Storm water management activities and structures not otherwise permitted as part of a
development application;
S
k. Other situations requiring additional review or interpretation, as specified elsewhere in
this Ordinance,
Z. Expiration of Certificate of Zoning Compliance. Where a certificate of zoning
compliance use has been established and is discontinued for any reason for period of one
(1)year orlonger, the certificate ofzoning compliance shall become null and void.
C. Certificate of Occupancy. No vacant land shalt be occupied or used and no buildings hereafter
erected, altered ormoved shalt be occupied until certificate ufoccupancy has been issued by
the Building Official, Such certificate shall show that the building or premises urpart thereof
and the use thereof are /n conformity with the Minnesota State Building [ode and the
provisions ofthis chapter. Such certificate shall bcissued only when the building orpremises
and the use thereof conform tnnii the requirements ofthe City Code.
O. Sign Permit, Asign permit shall be authorized fora sign that conforms to the sign regulations
in�'! 212. An application, onaform provided bythe Director ofPlanning, shalt be
submitted with the required fee bythe owner nfthe proposed sign. The Director ofPlanning
shalt issue asign permit ifat( ofthe regulations in5154�l12are met.
E. Special Event Permit. A special event permit maybe issued for certain events for activities or
events not otherwise permitted under the Zoning Ordinance inaccordance with §110.97Uof�ha
F. Grading Permit. Apermit shalt be required for all non-agriculturalproject(s) or activities that
will result in the movement of more than fifty (50) cubicyards of earth or the disturbance of
more than one-half acre of land, and for construction of o building or structure on steep
slopes, as specified inArticle 6, Section 155.84. The Director of Planning may issue a grading
permit only if the grading plan meets the requirements ofthe Lake Elmo Storm Water
Management and Erosion and Sediment Control Ordinance.
1. Public Hearing. Ai|grading and excavating applications, for the purpose nfcreating
wetlands, berming' landscape amenities, and other natural features that result in the
moving ofmore than 4UDcubic yards nfmaterial per acre mfsite area shall require a public
hearing.
G. Review of Design or Demolition. For certain development activity as specified in the Lake
f7(no Design Standards Manual, design review /s required as part of the approval process for a
permit orcertificate under this Ordinance, AR projects subject todesign review shall be
reviewed for conformance with the Lake Elmo Design Standards Manual. Demolition review is
also required prior to the demolition o{structures in theYMX District as provided for in Article
11. A separate process for design review or demolition review is not established.
l. Review Authority, Design review or demolition review shall be the responsibility of the
ind1vidual or body authorizing the permit nrcertificate and shall be incorporated in the
established review ofthe applicable permit or certificate. For those applications under
this Ordinance that require review by the Planning Commission, the Planning Commission
shall consider the standards in the Lake Elmo Design Standards Manual as part of its
recommendation tothe City Council.
Z. Review byProfessional. The authorizing body may request review byadesign professional
ofthe proposed design or demolition. The cost of review bysuch design professional shall
be charged to the applicant, and shalt not exceed $1,000 unless otherwise agreed to by the
applicant.
]. Development Activity Defined. Development Activity includes remodeling, altering, or
repairing structure in any manner that will change the exterior appearance ofsaid
structure. Development activity also includes the construction of new parking lots and
installation ofsignage.
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a. Exempt Activities. The following activities shalt be exempt from review under this
i Ordinary repairs and maintenance that wilt not change the exterior appearance nf
astructurr;
h. Removal of existing signage without replacement unless said signs are an integral
part ofthe building;
iii. Emergency repairs ordered by the Director of Planning in order to protect public
health and safety;
iv. Exterior abermtinn, addition, or repair of a structure used as asingie'fami(y
residence.
v. Temporary signage, installed in accordance with ��� of this Ordinance, or
during which time an application for permanent signo8cis pending under this
Ordinance;
vi. Maintenance ofexisting signageadvertising anon-site business;
vii.Alterations only Lothe interior ofastructure,
4. Demu//tinnReview^ The Planning Commission shall review any application for the
demolition nfstructure within the VMXVillage Mixed Use District in accordance with the
standards nf{|Nndemolition permits shalt beissued inthe VMXDistrict until this
review has been completed.
5154.104 Planning Commission
The Planning Commission shall provide assistance tothe City Council in the administration nfthis
chapter. The recommendations of the Planning Commission shall beadvisory in nature. SpecificaKy,
the Planning Commission shalt review, hold public hearings and make recommendations tothe City
Council on all applications for zoning amendments, variances, and conditional use permits using the
criteria ofthis Article. The Planning Commission shall beformed and operate inconformance with
Chapter 32 of the City Code and specifically with rr' Ji2"
0154.105 Zoning Amendments
A. Criteria for Granting Zoning Amendments, The City Council may adopt amendments tn the
zoning ordinance and zoning rnmp in relation to [and uses within o particular district ortnthe
location ofadistrict Line. Such amendments shall be used as means to reflect changes 1nthe
goals and policies nfthe city asreflected inthe Comprehensive Plan.
B. Types ofAmendments.
1. Rezoning. 4 change in the boundary of a zoning district or a change from one district to
another on the Official Zoning Map, referred to as a rezoning.
2. Text Amendment. Achange inthe text for specific zoning district regulations orany other
provision of this Chapter,
C. Initiation o/Proceedings. Proceedings for ntext amendment nrurezoning may beinitiated by
one ofthe following three methods:
1. By petition of an owner or owners of property that is proposed to be rezoned or for which a
text amendment for achange inadistrict regulation io proposed;
Z. Byrecommendation ofthe Planning Commission;
]. Byaction ofthe City Council.
7
D. Application Requirements for Zoning Amendments Initiated bvPetition, Apetition for a
Zoning Amendment shall besubmitted tothe Director of Planning on such form as required by
of this Article and accompanied by the following information:
1. Conceptual site plan drawn to scale showing all affected parcels and a general concept for
any proposed development ofsaid parcels,
I. General location of all buildings and their approximate dimensions and square footage.
]. Approximate location of all curb cuts, driveways, access roads, parking areas, off-street
loading areas, and sidewalks.
4. Conceptual landscape plan indicating general planting areas for trees, shrubs, and lawns.
5. Conceptual grading, erosion control, and storm water management plan.
6. Conceptual sewer and water utility plan for the development,
7. Narrative indicating the types of uses or businesses that are contemplated for the
development, number nfemployees, parking and traffic impacts, and other pertinent
information about the proposed development.
8. The Director of Planning may require the applicant tnsupply proof of ownership of the
property for which the amendment is requested that illustrates legal or equitable interest
in the property.
E. Hearing Requirements. The Planning Commission shall hold mpublic hearing oneach complete
application for o Zoning Amendment as provided in ofthis Article. After the close of
such hearing, the Planning Commission shalt consider findings and shall submit the same
together with its recommendation to the City Council.
F. Effect ofDenial ofApplication. Nnapplication ofaproperty owner for anamendment tothe
text of this chapter or the zoning map shalt be considered by the Planning Commission within
the one year period following udenial nfsuch request, except the Planning Commission may
permit a new application, if in the opinion of the Planning Commission, new evidence ora
change ofcircumstances warrant it.
G. Relationship toComprehensive Plan. Any rezoning shall beconsistent with the current City of
Lake Elmo Comprehensive Land Use Plan, |fthe rezoning isnot consistent with the current
Comprehensive Plan, anamendment tothe Comprehensive Plan must be requested and
approved prior Loorconcurrent with the rezoning request.
H. Coordination with Adjoining Communities. Any zoning district change on land adjacent to o/
across a public right-of-way from an adjoining community shalt be referred to the Planning
Commission and the adjacent community or county for review and comment prior to action by
the City Council granting or denying the zoning district classification change. Aperiod nfat
[east ten (10) days shall be provided for receipt of comments. Such comments shalt be
considered asadvisory only.
§ 154,106 Conditional Use Permits
A. Required Findings. Conditional use means a land use or development as defined by ordinance
that would not be appropriate generally but may beallowed with appropriate restrictions ns
provided by official controls only upon a finding that all ofthe following provisions are met:
1.
I.
3.
The proposed use will not bedetrimental tVorendanger the public health, suhety,
comfort, convenience or general welfare of the neighborhood or the city,
The use or development conforms to the City of Lake Elmo Comprehensive Plan.
The use u[development iscompatible with the existing neighborhood.
8
4. The proposed use meets all specific development standards for such use listed inArticle 7
ofthis Chapter.
5. If the proposed use is in a flood plain management or shoneiand area, the proposed use
meets all the specific standards for such use listed in150.
~5Cl�7 ��mnc(�cn cv/�'�i� /�������n»�/'�
6. The proposed use will bedesigned, 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 nfthat area.
7. The proposed use wit[ not be hazardous or disturbing to existing or future neighboring uses.
8. The proposed use wilt 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 wit[ not create excessive additional requirements at public cost for public
facilities and services and will not bedetrimental tothe economic welfare of the
community.
10. The proposed use wilt not involve uses, activities, processes, materials, equipment and
conditions ofoperation that wilt bedetrimental toany persons, property orthe general
welfare because of excessive production oftraffic, noise, smoke' fumes, glare mrodors.
11. Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic onsurrounding public thoroughfares.
12, The proposed use will not result in the destruction, loss or damage of a natural, scenic or
historic feature of major importance.
D. Application Requirements. Conditional Use Permit applications shalt besubmitted tothe
Director ofPlanning nnsuch form and accompanied Uysuch information ms required by
'-i���{:`��ofLhis�rdc(eundvvithth�submissinnm���haixh��edin ������ ����� nfthis Article.
C. Public Hearing Required. The Planning Commission shalt hold a public hearing an each
complete application for nconditiona( use permit as provided in 1,];1ofthis Article. After
the close ofthe hearing ona proposed conditional use permit, the City Planning Commission
shalt consider findings and shalt submit the same together with its recommendation to the City
Council,
D. Final Decision byCity Council. The City Council shalt make the final decision nnaconditional
use permit after m public hearing by the Planning Commission. The City Council may approve,
approve with conditions nrdeny the application.
E. Conditions, In reviewing applications for conditional use permits, the Planning Commission and
Council may attach whatever reasonable conditions they deem necessary to mitigate
anticipated adverse impacts associated with these uses, to protect the value ofproperty within
the district and to achieve the goats and objectives ofthe Comprehensive Plan. in determining
such conditions, special consideration shalt be given toprotecting immediately adjacent
properties from objectionable views, noise' traffic and other negative characteristics
associated with such uses.
1. The conditions shalt include atI. specific development standards for such use listed in Article
7ofthis Chapter.
Z. \fthe proposed use is in a flood plain management nrshoreiund area, the conditions shalt
include specific standards for such use Listed in Chapter 151 (F\oodp(ainManagement) and
Chapter 152 (Shnre(ondW\anagemant).
9
l In addition, conditions may include, but are not United to, the following:
a. Controlling the number, area, buU\ height and Location ofsuch uses;
b. Regulating ingress and egress to the property and the proposed structures thereon with
particular references tovehicle and pedestrian safety and convenience' traffic finvv
and control and access in case offire or other catastrophe;
c. Regulating off-street parking and loading areas where required;
d. Controlling the location, availability and compatibility ofutilities;
e. Requiring borming, fencing, screening' landscaping or other means to protect nearby
property; and
L Requiring other conditions to create compatibility of appearance with surrounding
uses.
F. Findings for Denial. ifthe Planning Commission recommends denial ofoconditional use permit
or the Council orders such denial, it shalt include in its recommendation or determination
findings as to the specific ways inwhich the proposed use does not comply with one or more
specific findings required bvthis chapter.
G. Pernnittep. A conditional use permit shalt be issued for a particular use and not for a particular
person, except in the case of a permit granted for the uses of land reclamation, mining or soil
ormineral processing. In such cases, a permit shalt bcissued tothe particular person making
application for such permit and such permitohaii not be transferred or assigned for use by
another without the written consent nfthe city. However, such consent bythe city shalt not be
unreasonably withheld.
H. Periodic Review. 4periodic review ofthe use may beattached aoacondition ofapproval ufn
conditional use permit.
{. Term of Permit. Unless otherwise stipulated, the term shalt be the life of the use.
J. Revocation. Failure to comply with any condition set forth inaconditional use permit` or any
other violation of this chapter, shall bcm misdemeanor and shalt also constitute sufficient
cause for the termination of the conditional use permit by the City Council following a public
hearing conducted in accordance with �'� '0- ofthis Article.
K. Expiration. If substantial construction has not taken place within 12 months of the date on
which the conditional use permit was granted' the permit isvoid except that, on application,
the Council, after receiving recommendation from the Planning Commission, may extend the
permit for such additional period axitdeems appropriate. |fthe conditional use is
discontinued for six months, the conditional use permit shalt become void. This provision shall
apply to conditional use permits issued prior to the effective date of this chapter, but the
six-month period shalt not be deemed to commence until the effective date of this chapter.
8 154-107 Interim Use Permits
A. Purpose and Intent. The purpose and intent ofallowing interim uses are:
1. To allow a use for a limited period of time that reasonably utilizes the property where such
use is not consistent with the future land map in the Comprehensive Plan; and
I. Toallow a use that ispresently acceptable, but that with anticipated development or
redevelopment or other significant changr, will not be acceptable in the future or Witt be
replaced by a permitted or conditional use allowed within the respective district.
U. Required Findings. An interim use permit may be granted only if the City Council finds us
10
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 wit[ not otherwise adversely impact the health, safety' and welfare of
the community.
3. The use wM not adversely impact implementation of the Comprehensive Plan.
4. The user agrees to at[ conditions that the City Council deems appropriate to establish the
interim use. This may include the requirement of appropriate financial surety such as
letter of credit or other security acceptable to the city to cover the cost of removing the
interim use and any interim structures not currently existing on the site, upon the
expiration ofthe interim use permit.
S. There are no delinquent property taxes, special assessments, interest, or city utility fees
due upon the subject parcel.
6. The date or event terminating the interim use shalt bo set bythe City Council atthe time
of approval.
C. Application Requirements, Interim Use Permit applications shalt bcsubmitted tothe Director
ofPlanning onsuch form and accompanied bysuch information asrequired byo/
this Article and with the submission materials listed inofthis Article.
1. Additional Application Requirements: An application for an Interim Use Permit shall
include the following additional information:
a. Aletter from the applicant explaining the proposal and stating the date orevent that
wit[ terminate the use;
`
b. 4signed consent agreement, subject tnreview and approval bythe City Council
documenting:
i. That the applicant, ovvner, operator, tenant and/or user has noentitlement to
future approval or reupprovai vfthe interim use permit;
ii. That the interim use will not impose additional costs on the public ifitis necessary
for the public to fully or partially take the property in the future; and
iii. That the applicant, owner, operator, tenant and/or user will abide by conditions of
approval that the City Council attaches to the interim use permit.
O. Public Hearing Required. The Planning Commission shalt hold mpublic hearing oneach
complete application for a Interim Use Permit asprovided in5?S-` ofthis Article. After the
close of the hearing on a proposed Interim Use Permit, the City Planning Commission xhm0
consider findings and shalt submit the same together with its recommendation to the City
Council.
E. Final Decision bvCity Council. The City Council shall make the final decision onaInterim Use
Permit after apublic hearing bythe Planning Commission. The City Council may approve,
approve with conditions ordeny the application.
F. Tenn/nut/on. An interim use shall terminate on the happening of any of the following events,
whichever occurs first:
1. The date orevent stated inthe permit;
Z. Upon violation o/conditions under which the permit was issued;
3. Upon a change in the City's zoning regulations which renders the use nonconforming; or
11
4. The redevelopment of the use and property upon which itis located to permitted or
conditional use axallowed within the respective zoning district.
G. Revocation. Failure to comply with any condition set forth in a Interim Use Permit' or any
other violation of this chapter, shall be a misdemeanor and shalt also constitute sufficient
cause for the termination of the conditional use permit by the City Council following a public
hearing conducted \naccordance with "� 'P�2 nfthis Article.
H. Renewal. The following process maybe used to renew an active interim use permit that is set
to expire. Terminated o, suspended interim use permits cannot be renewed unless the Director
of Planning has received an application for and approved 1'dme 30'duyextensinn to continue
processing the renewal application,
l. Application. Application requirements for renewal of an existing Interim Use Permit shalt
bethe same as for anew application.
2. Review. Upon receiving completed application for an interim use permit renewal, the
Director of Planning shall send notice of the requested renewal to nii property owners
within ]5Ofeet ofthe parcel(s) containing the interim use. |fany objections are raised
within 10days ofthe mailed notice, the application shalt be processed in the manner ofa
new application, If no objections are raised, the Director of Planning shalt prepare a
resolution of approval outlining the conditions and stipulations of the renewal for
consideration bythe City Council, The City Council, atits discretion, may approve ordeny
the request with findings. Denial o/ a renewal request does not constitute termination of
the existing interim use permit.
§154.1OB Appeals and the Board ofAdjustment
The Board of Adjustment is hereby established pursuant to this chapter and Minnesota iavv. The Board
of Adjustment (which is the City Council in accordance with 531. 10 of the City Code) shall have those
powers and authority as provided by Minnesota law and as hereinafter provided for. The Board of
Adjustment shall be formed and operate in conformance with Chapter 31 of this [ode and specifically
A. Powers ofthe Board ofAdjustment.
1. Review nfAdministrative Decisions. The Board ofAdjustment shall act upon all questions
as they may arise in the administration of this chapter' including the interpretation of
zoning maps, and it shall hear and decide appeals from and review any order, requirement,
decision or determination made by such an administrative official charged with enforcing
this chapter. Such appeal may be made by any pennn, firm or corporation aggrieved by an
officer, department, board or bureau ofthe city.
2. Variances. The Board of Adjustment shall also have the power to grant variances to the
provisions of this chapter under certain conditions. The conditions for the issuance ofo
variance are aoindicated in§154.1O9ofthis Article, Nouse variances (uses different than
those allowed in the district) shalt be issued by the Board of Adjustment.
Q. Procedures for Appeals.
i. Filing of Appeals. All appeals to the Board of Adjustment shall be in writing and filed with
the office of the City Clerk within 14calendar days of the date of mailing of the notice of
the order, requirement, decision mrdetermination from which the appeal ismade.
2. Hearings. The Board of Adjustment shalt conduct a hearing regarding ai| appeals in
accordance with of this Article.
3. Notice. Written notice Vfthe hearing shalt beprovided tothe parties tnthe hearing and
mailed not less than 14 days prior to the hearing.
12
4. OrdersThe Board shmi\' within u reasonable time, make its order deciding the matter and
shalt serve mcopy nfsuch order upon the appellant nrpetitioner bymail. The Board of
Adjustment may reverse oraffirm, wholly orpartly, nrmay modify the order, requirement,
decision or determination as in its opinion ought to be made. The reasons for the decision
of the Board of Adjustment shalt be stated in the order. A majority vote of the Board of
Adjustment shall be necessary to reverse any decisions ofan administrative office of the
city ortodecide infavor ofthe applicant.
5154.109 Variances
A. In General. The Board of Adjustment shall have the power to grant variances to the provisions
ofthis chapter under the following procedures and standards.
1. A request for a variance from the literal provisions of this chapter may be granted in
instances where their strict enforcement would cause practical difficulties because of
circumstances unique to the individual property under consideration and then only when it
isdemonstrated that such actions will be(nkeeping with the spirit and intent ofthis
chapter. All requests for variances shall be reviewed in accordance with the required
findings listed in ���5�.!�� �.
D. Use Variances Prohibited. 4variance shall not be granted for any use that is not listed
permitted or conditional use under this chapter for property in the zone where the property is
located.
C. Application Requirements. Variance applications shalt be submitted to the Director of Planning
on such form and accompanied by such information as required by�nfthis Article
and with the submission materials listed /n �, � 54 /!,, - of this Article.
D. Hearing Requirements, The Planning Commission shall hold a public hearing on each complete
application for mvariance enprovided inofthis Article. After the close ofthe hearing
on a proposed variance, the City Planning Commission shalt consider findings and shalt submit
the same together with its recommendation to the Board of Adjustment.
E. Board VfAdjustment Actinn, The Board of Adjustment shalt receive the recommendation of
the Planning Commission and shall take final action on the variance request. All findings and
decisions ofthe Board nf Adjustments concerning variances shalt befinal.
F. Required Findings. Any action Laken by the Board ofAdjustment to approve or deny variance
request shall include the following findings:
1. Practical Difficulties. Avar<ance to the provision of this chapter may be granted by the
Board of Adjustment upon the application by the owner of the affected property where the
strict enforcement ofthis chapter would cause practical difficulties because of
circumstances unique to the individual property under consideration and then only when it
is demonstrated that such actions will be in keeping with the spirit and intent of this
chapter.
a. Definition ofPractical Difficulties, "Practical difficulties," axused inconnection with
the granting of a variance, means that the property owner proposes to use the property
in areasonable manner not permitted by an official control.
2. Unique Circumstances. The problem for the landowner/ applicant which the proposed
variance 1uintended tocorrect must bedue tncircumstances that are unique tnthe
property in question and that were not created by the (and ovvner/appiicont.
3. Character of Locality. The proposed variance will not alter the essential character of the
locality inwhich the property in question is located.
o. Definition of Locality. For purposes of this subsection' "locality" shalt be defined as
at[ that property within 350fcet of the property proposed for the variance; however, in
13
all events' itshalt include at[ parcels abutting the affected parcel, including those
immediately across a public street, alley nfother public property.
4. Adjacent Properties and Traffic. The proposed variance will not impair anadequate suppk/
of light and air to property adjacent tothe property in question orsubstantially increase
'
the congestion of the public streets or substantially diminish or impair property values
within the neighborhood.
G. Conditions. The Planning Commission may recommend and the Board nfAdjustment may
impose such restrictions and conditions upon the property that is the subject of the variance as
may be necessary tocomply with the standards established by this chapter orto reduce or
minimize the effect of such variance upon other properties in the neighborhood and to better
carry out the intent ofthe variance.
H. Effect of Denial. No application by a property owner for variance shall be submitted to the
Board o/Adjustment within a six (6) month period following deniai of such o request un\eo,
inthe opinion nfthe Board, new evidence ofchange incircumstances warrant it,
(. Expiration, A variance shall be deemed to authorize only one particular use and shall expire if
work does not commence within twelve (12) months ofthe date ofgranting such variance or if
that use ceases for more than six (6) consecutive months,
J. Revocation. The Board ofAdjustment may revoke variance ifany conditions established by
the Board as part ofgranting the variance request are violated,
5154,110 Violations and Enforcement
A. Enforcing Officer. It shall be the duty nfthe Planning Director tocause the provisions of this
chapter tobeproperty enforced.
B. Violations
1. Violations. Any person who shall violate orrefuse tocomply with any ofthe provisions of
this Chapter shall be subject to the enforcement and penalty provisions ofS1O.99 of the
City Code.
[. Investigation and Administrative Enforcement.
1. Investigation of YYn/ot/on. The Director of Planning shall investigate alleged violations of
this Chapter. Investigation of a violation may require accessing the property where the
violation is alleged tnhave occurred. The Director ofPlanning shall notify the landowner
of the need for investigation and make a reasonable attempt to gain permission from the
landowner for access to the property and structures for investigative purposes. If the
landowner is not responsive. the Director of Planning may, upon probable cause of
vio(adon, enter upon the property, but not enter any structures, for the sole purpose of
investigation. If access to the property iospecifically denied by the landowner, the
Director ofPlanning shall obtain a judicial order prior toentering upon the property.
Entering structure for investigative purposes shall occur only upon permission of the
landowner orissuance ofajudicial order.
2. Administrative Enforcement
a' Notice ofViolation. Whenever in the judgment of the Director of Planning u
determination is made upon investigation that a particular permit holder has not
comp|ied with this Chapter, the Director of Planning shalt issue written notice of
violation tothe owner o[ record and require him orher tocomplete the work.
b. [poxe and Desist Order. Upon investigation, if the Director of Planning has probable
cause to believe a violation of this Chapter has occurred and that immediate stoppage
of work is necessary to minimize harm caused by such viotmbon' the Director of
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Planning may issue a cease and desist order to halt the progress of any property
modification. When any work has been stopped byacease and desist order, it shall
not be resumed until the reason for the work stoppage has been completely satisfied
and the cease and desist order lifted.
D. Administrative Fee for Enforcement. The Director ufPlanning shall charge anadministrative
K*c, as set by resolution ufthe City Council, to compensate for time spent involving the
investigation and prosecution ofviolations, and including any expenses incurred during the
investigation.
E. Afterthe Fact Applications and Fees. Any person making oppiicat|onfor apermit after the
commencement ofwork requiring permit, shall be charged an additional administrative fee.
In the event the application for a permit is denied or the action permitted does not include all
orpart ofthe work commenced prior to approval of said pernnit, the Director of Planning shalt
require correction and/or restoration of the concerned property to its original state, including
removal of structures or improvements.
SECTION 3, Effective Date. This ordinance shall become effective immediately
upon adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 4. Adoption Date. This Ordinance 08-084 was adopted on this
eighteenth day of June 2013, by a vote of Ayes and _ Nays.
A\\EST:
Adam Be|L City Clerk
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
This Ordinance 08-084 was published on the day of 2013.
is
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2013-49
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-084 BY TITLE
AND SUMMARY
WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-084, an
ordinance replacing the administrative provisions of the City's Zoning Code; and
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly infotin
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
that the City Clerk shall cause the following summary of Ordinance No. 08-084 to be published in
the official newspaper in lieu of the entire ordinance;
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-084, which replaces
the administrative provisions of the City's Zoning Code. The revised ordinance includes the
following components:
• Identifies the City Staff that are responsible for issuing permits, enforcing the code,
keeping records, processing applications and performing other administrative duties.
Outlines the application and review process with a unified list of application submittal
requirements.
Establishes unified standards and procedures for the public hearing process.
• Identifies and describes all of the permits that are required by the Zoning Code. Staff is
recommending a new permit category called "Certificate of Zoning Compliance" to
regulate uses that are not subject to requirements of the State Building Code, such as
fences, driveways, small accessory structures, home occupations, among others.
• Outlines all of the enforcement procedures as part of administering the Code.
• Finally, Staff has included procedures related to design review as a placeholder for when
the City formally adopts some form of design guidelines or standards.
The full text of Ordinance No. 08-084 is available for inspection at Lake Elmo city hall during
regular business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City
1
Resolution No. 2013-49
Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of
the ordinance be placed in a public location within the City.
Date& June 18, 2013.
ATTEST:
Adam Bell, City Clerk
(SEAL)
Mayor Mike Pearson
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2013-49