The URL can be used to link to this page

Home My WebLink About02-05-13 CCMPT1 f in't1/4. 4 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 of Lake Elmo 3800 Laverne Avenue North City Council Meeting Tuesday, February 5, 2013 7:00 P.M. AGENDA A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. ORDER OF BUSINESS/GROUND RULES E. SWEARING IN OF COUNCIL MEMBER NELSON F. APPROVAL OF AGENDA G. ACCEPT MINUTES 1. Accept January 15, 2013 City Meeting Minutes H. PUBLIC COMMENTS/INQUIRIES I. PUBLIC HEARING 2. Proposal to establish an Economic Development Authority for the City of Lake Elmo; Resolution 2013-05 J. PRESENTATIONS K. CONSENT AGENDA Note: Items listed under the Consent Agenda will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the Consent Agenda for separate consideration. 3. Approve Payment of Disbursements and Payroll $403,579.68 4. Approve EMWREP Agreement 5. Water Supply Well No. 4 - Authorize Plans and Specifications for Production Well No. 4. 6. Water Supply Well No. 4 - Award Production Well Engineering Contract. 7. Approve Finance and Human Resources Committee Guidelines 8. Amend Massage Therapy Licensing Ordinance; Ordinance 08-067 9. Approve Scope of Services for Northland Securities, Inc. 10. Appoint City Engineer and City Attorney 11. Conditional Use Permit request from Valley Branch Watershed District to remove a culvert at 28th Street within Raleigh Creek; Resolution 2013-06 12. Variance request from Christ Lutheran Church to split the lot at 3549 Lake Elmo Avenue North; Resolution 2013-07 L. REGULAR AGENDA 4-3---Contractor Liccnsing Codc Am 14. Approval of City Credit Card Policy 15. Re -designation of Park Commission Members 16. Adopt Administrative Citation Fees; Resolution 2013-0908 17. Approve 2013 Fee Schedule; Ordinance 08-069068 M. SUMMARY REPORTS AND ANNOUNCEMENTS • Mayor and Council o Committee Appointments • EDA • Finance • Human Resources • Administrator • City Attorney • City Engineer • Planning Director • Finance Director N. ADJOURN bE FLIO 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 of Lake Elmo 3800 Laverne Avenue North City Council Meeting Tuesday, February 5, 2013 7:00 P.M. AGENDA A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. ORDER OF BUSINESS/GROUND RULES E. SWEARING IN OF COUNCIL MEMBER NELSON F. APPROVAL OF AGENDA G. ACCEPT MINUTES 1. Accept January 15, 2012 City Meeting Minutes H. PUBLIC COMMENTS/INQUIRIES I. PUBLIC HEARING 2. Proposal to establish an Economic Development Authority for the City of Lake Elmo; Resolution 2013-05 J. PRESENTATIONS K. CONSENT AGENDA Note: Items listed under the Consent Agenda will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the Consent Agenda for separate consideration. 3. Approve Payment of Disbursements and Payroll 4. Approve EMWREP Agreement 5. Water Supply Well No. 4 - Authorize Plans and Specifications for Production Well No. 4. 6. Water Supply Well No. 4 - Award Production Well Engineering Contract. 7. Approve Finance and Human Resources Committee Guidelines 8. Amend Massage Therapy Licensing Ordinance; Ordinance 08-067 9. Approve Scope of Services for Northland Securities, Inc. 10. Appoint City Engineer and City Attorney 11. Conditional Use Permit request from Valley Branch Watershed District to remove a culvert at 28th Street within Raleigh Creek; Resolution 2013-06 12. Variance request from Christ Lutheran Church to split the lot at 3549 Lake Elmo Avenue North; Resolution 2013-07 L. REGULAR AGENDA 13. Contractor Licensing Code Amendment; Ordinance 08-068, Resolution 2013-08 14. Approval of City Credit Card Policy 15. Re -designation of Park Commission Members 16. Adopt Administrative Citation Fees; Resolution 2013-09 17. Approve 2013 Fee Schedule; Ordinance 08-069 M. SUMMARY REPORTS AND ANNOUNCEMENTS • Mayor and Council o Committee Appointments • EDA • Finance • Human Resources • Administrator • City Attorney • City Engineer • Planning Director • Finance Director N. ADJOURN LAKE ELMO CITY COUNCIL MINUTES JANUARY 15, 2015 CITY OF LAKE ELMO CITY COUNCIL MINUTES January 15, 2012 Council Member Smith called the meeting to order at 7:02 P.M. PRESENT: Mayor Pearson, Council Members Smith, Bloyer, and Park. Also Present: City Administrator Zuleger, Associate City Attorney Brekken, Planning Director Klatt, City Engineer Griffin, Finance Director Bendel, and City Clerk Bell. PLEDGE OF ALLIGENCE SWEARING IN OF NEW CITY COUNCIL OFFICIALS Pursuant to state statute, City Clerk Bell swore in new City Council members Mayor Mike Pearson, Council Member Anne Smith, and Council Member Justin Bloyer. Meeting was recessed at 7:03 P.M. to allow for photos to be taken. Meeting was reopened at 7:08 P.M. Council Member Smith read Resolution 2013-01. RESOLUTION 2013-01 ACCEPTING COUNCIL MEMBER MIKE PEARSON'S RESIGNATION AND DECLARING A COUNCIL VACANCY APPROVED BY CONSENSUS OF THE CITY COUNCIL APPROVAL OF AGENDA MOTION: Council Member Smith moved to approve the January 15, 2012 City Council Agenda as amended. Council Member Park seconded the motion. Motion passed 4-0. Consent Agenda Item 12 was pulled for discussion. ACCEPT MINUTES ITEM 1: THE DECEMBER 4, 2012 CITY COUNCIL WORKSHOP MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. ITEM 2: THE DECEMBER 11, 2012 CITY COUNCIL WORKSHOP MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. ITEM 3: Page 1 of 10 LAKE ELMO CITY COUNCIL MINUTES JANUARY 15, 2015 THEJANVARY2,2012 CITY COUNCIL MINUTES WEREAPPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. Council Member Bloyer abstained. PUBLIC COMMENTS/UNODXRIE8: None PRESENTATIONS: ~ LENN&R CORPORATION SKETCH PLAN PRESENTATION City Administrator %u\eger introduced Joe lob\ooski Also with Mr. lob|nnoki were Alan Dale and Bruce Miller, who are the property owners o[the proposed area. K4:/obinnxN further introduced himself and explained his reason for speaking. Invited the Council to discuss the proposal and provide feedback. He gave a brief history of Lennar. Since 1954, Lennar has been building custom homes. Provided an overview o[the proposed area. Majority of area has been farm land with a h*vv commercial uses. Gave overview of the proposed development. Demonstrated how the development would connect tosurrounding area. Council Member 8)oyerasked about unit price. Joe said that iLwas still early iuthe nuarkedu�stage but expected a range o[$l8O'$Z00Ktownhouses, $35O'$4SOKsmaller single family homes, and $450-$550 for larger single family homes. City Administrator asked about the number of floor plans. Mc )ob|ooski said the 75' lot width list has 8or9 plans each and each ofthose includes belevations. There are OorlO plans in the 65' lot width list again with 6 elevations each. A discussion was had regarding the proposed townhome plans including stab on grade designs and the current popularity of smaller detached tovvobocueo versus the proposed back to back or row style. Mr. job}nnsN stated thatieonar iscontinually examining concept but proposal is currently based on meeting the density target. The smaller detached tovvohonoes would affect the target range. K4c |oNonskj said staff has been great to work with and hch the staff recommendations are c000Uv acceptable. Any details should be able to he worked out asgroup moves forward. K4r.jnb)uuski asked for guidance [ronncouncil astPwhether Lennarisnnright path. Council Meonber Park likes the townnhoo`e price point, There in a definite need. Ms. Park asked for more info on trails. K4c /nb|ooski gave greater description of connecting trails. /\ discussion was had regarding�recnbc\ts/huffero, power lines, and easements. There currently is not dedicated park land space, but if that if Lennar does put some in, there would be an expectation of some type of credit. Mc)oNonski stated that no active parks were suggested at this time. Council Member Smith said this was because the City has never done o nevvcred project. Ms. Smith recommended that the developer consider adding anactive park. She su�gestcdthat itvvou|dbeahenc�tfor builder and bc(p sell the homes. There was a consensus agreement that and active park would be a groat thing Page 2of10 LAKE EXMO CITY COUNCIL MINUTES �� ^'~,~-~-.~ �~'^~�v~~^~K�� to offer. Council Member 5nohb noted that tbe comprehensive plan focused on the trails and connecting the city. Mayor Pearson asked about sprinkler fire protection and if it was considered or included. y4c joblonski said not on the single family detached, but on some townhomes as required. A discussion was had aboutpubUc/privatc collaboration for energy improvements. Lenoarhomes are all EnergyStar Certified but has not formally done any type of collaboration with a city. CONSENT AGENDA 4. Approve Payment o[Disbursements and Payroll 5, Approve 20IZYear-End Building Report 6. Designate Official Publication Newspaper ofRecord 7. Designate Official Depository o[Funds for 2Ol3 8. Rcno\obou 2013'03: Designating Data Practice Officials and Approving City'o Data Practices Policy 9. Resolution 2013'03: Keats K43&Street and Trunk VVatermain Improvements - Resolution for NnParking Restrictions 10. Approve Ski Trail Grooming Agreement ll. Designation o[the City ofLake Bnoo as tile Responsible Government Unit [8GU) for the LenuarResidential Subdivision E/\VV 12. MOTION: Council Member Dndh MOVED TO APPROVE THE CONSENT AGENDA AS AMENDED. Council Member Park seconded the motion. MOTION PASSED 4'0\ Consent Agenda Item 12 was poDedfordiscussion. Moved to immediately following Item 21. REGULAR AGENDA ITEM 13:APPOINTMENT 0F 2013ACTING MAYOR City Clerk Bell explained that the Council is required tnappoint an Acting Mayor pursuant to State Statutes. Council Member Smith nominated Council Member Bloyer as Acting Mayor. MOTION: Council Member Smith moved TO APPOINT COUNCIL MEMBER BLOYER AS ACTING MAYOR FOR2013, TO COMPLY WITH AND FULFILL ALL DUTIES ENUMERATED IN MINN. STATUTE § 412.132 RELATING TO SELECTION OF AN ACTING MAYOR. Council Member Po/t seconded the motion. MOTION PASSED 4'0. ITEM 14: APPOINTMENT TO FILL COUNCIL MEMBER VACANCY. City Administrator Zu)eXcr provided overview of application and interview process. Stated intention is to appoint new member at tonight's meeting and seat council member at the 2/5 mtg. Page 3of10 LAKE ELMO CITY COUNCIL MINUTES K�� K�� »^~..~^~~~~ �~,~~~�.. Mayor Pearson said all four candidates were excellent. It was noted that the Council did discuss the candidates prior to the current meeting in open forum immediately after the interviews. |twas also broadcast live nothe City Cable channel. Council Member Smith said two candidates have experience. It may not matter, but experience does and would help. Council Member Park acknowledged that bisa tough decision and atough role. Ms. Park recommended Wally Nelson. She also invited those who are not selected tn run for council in tile future. [nuod| Member B|oynrsad that ideology does play into his decision. He also recommends Wally Nelson. Mayor Pearson was pleased with all the candidates. However, he also recommends Wally Nelson Council Member Smith said that she might give more weight tothose with experience, but believes that unanimity is also important and therefore accepts the couuci\'o proposal and rccoouoocods Wally Nelson. Council k8crnbcr Park noted that she has received many phone cab expressing public preference for Wally Nelson. MOTION: Council Mem/erBloyerMOVED TO APPOINT WALLYNELSON TO THE COUNCIL FOR THE REMAINDER OF THE TERM PREVIOUSLY HELD BY COUNCIL MEMBER MIKE PEARSON, AND HIS APPOINTMENT SHALL EXPIRE ONJA8/UARY/5,Z015. Council Member Park seconded the motion, MOTION PASSED 4'0. XTEMlS: APPROVE NEW YEAR-END AUDIT FIRM Finance Director Bendel provided asummary o[the audit firm rh/ process. Stated both ficma are excellent. City has used Abdo for ten years. Ms. Bendel noted Jason Miller from Smith Schaefer and Associates inio attendance. There iso potential for $2l'UOOdollar savings in the three years o[the life o[the contract. City Administrator Zuleger noted that the state auditors like new sets of eyes on the books every so often. He stated that be has stressed the internal control aspect inhis communications. MOTION: Council Member Jmdh MOVED TO APPROVE THE THREE YEAR ANNUAL AUDIT CONTRACT TO SMITH SCHAFER AND ASSOCIATES BEGINNING WITH YEAR-END 2012. Council Page 4 of 10 LAKE EKMOK`KTY COUNCIL MINUTES ITEM 16: APPOINTMENT OF R0O0IREDOFFICIALS TOFIRE RELIEF ASSOCIATION BOARD OF TRUSTEES City Administrator %u|eger explained the requirement o[annually appointing the hoard members. Council k4ernbrr Smith expressed her preference for appointing Council MennbepE\ect VVa||v Nelson however questioned the ability todosobefore bniusworn in. City Clerk Bell noted that the Council has the option nfhaving Council Member -Elect Nelson swear - in immediately. It was decided to appoint Mr. Nelson contingent upon his swearing in at tile scheduled Z/S/l2date. MOTION: Council Member Smith MOVED TO APPOINT FIRE CHIEF GREG MALMQUIST, FINANCE DIRECTOR CATHYBENDEL, AND COUNCIL MEMBER -ELECT WALLYNELSON, CONTINGENT UPON HISSWEARINGIN. Council Member Park seconded the motion. MOTION PASSED 4-0. .11TEM 17: CONSTRUCTION SECURITIES CODE AMENDMENT: ORDINANCE 08-065 Planning Director Ktstt gave overview nfbackground ofthecurn:otcodcandhnw/itbaxpracdodk/ been used. Amendment isneeded to bring the code language in line with the way the securities have been used. It is being expanded to include all construction instead of just the curb and gutter work that the current language allows for. Discussion was had regarding what construction this would actually pertain to. |twas suggested that the word "significant" be added to clarify what types of construction projects. MOTION: Council Member Park MOVED TO ADOPT ORDINANCE 08-065 ASAM2NDfD, APPROVING THE CITY CODE AMENDMENT REQUIRING A SECURITY ESCROW FOR THE CONSTRUCTION OF NEW STRUCTURES AND OTHER SIGNIFICANT CONSTRUCTION -RELATED PROJECTS AT THE DISCRETION 8/FTHE CITY. Council Member Smith seconded the motion. MOTION PASSED 4'0\ ITEM 18: LANDSCAPING REOUIREMENTS CODE AMENDMENT: ORDINANCE 08-066 Planning Director K]att gave overview nflandscaping. This primarily clarifies the establishment o[ turf ooproperties. Concerns were expressed about the \au�uago "existing" properties and what i\applies to. CityAdministrator Zuleger provided further explanation. /\ discussion was had regarding how d is important to make sure properties that are not able to install turf due to seasonal limitations are still held responsible but given a reasonable accommodation. It was determined that the word "new" should replace "existing". Resident Greg McGrath oflG09I5'hSt. N.spoke about how his landscape plan never was Put in, His landscape plan was entered into the record. Lake Elmo is kouw/o osthe Wild West. Developers leave, but the residents are the ones who live here. Page 5 of 10 LAKE EXMO CITY COUNCIL MINUTES �� K�� v-_'_-__-__,_~__ Resident Dave Moore o[O680 Stillwater Blvd said the grading in the real issue. Landscaping is minor compared to the grading. These details should be monitored throughout the building process bythe City. A discussion was had re�nrdio�dhc cf�� the Cbvbasroadc to improve the oversight process in regards to building. The related code updates are a result of this increased effort. The improvements should become more evident as the city progresses. MOTION: Council Member Smith MOVED TO ADOPT ORDINANCE 08'066 AS AMENDED, By SUBSTITUTING "NEW" FOR "EXISTING", AND THEREBY IMPROVING THE CITY CODE AND THE CITY'S ABILITY TO MAINTAIN A MINIMUM STANDARD OF PROPERTY MAINTENANCE IN LAKE ELM0. Council Member Park seconded the motion. MOTION PASSED 4'Q\ ITEM 19: CONTRACTOR LICENSING CODE AMENDMENT- ORDINANCE 08-XXX Staff requested that the ordinance change request be postponed to further work on definitions per Council request. Council K4vnuber EUoyer expressed his desire to have the related plumbing language to be reexamined aswell. MOTION: Council Member Pearson MOVED TO POSTPONE CONTRACTOR LICENSING ORDINANCE 08'X7�� Council Member Park seconded the motion. MOTION PASSED 4'0. RECESS 8:38 PM ,RECONVENED &78:42PM XTEM28: ROCK POINT CHURCH PLAT EXTENSION Planning Director K�\� gave background of Hidden K4eadnm/ 2"u Addition plat and extension tD process. There have been multiple extensions to date. It is alleged that housing market conditions have impacted the development u[the property. Staff recornmends a six month extension to church for dedication of utility easement and then come back and apply for a longer extension if a developer has not been found by then. Council K4cnlber Park asked for clarification on Churches plans. Pastor Bob Bridges, Executive Pastor for Church, introduced hirnnc|[ He explained that the church is looking fora developer to come in. He stated the Church would be quite willing to grant easement to city. y4c Park asked about the sales liohn�.Pastor Bridges said itisUstcd,and the church isinterested inselUngbut has not received any reasonable offers. Council K4conber B}oycr asked about the property tax status. It was confirmed that property taxes are being paid onthe development portion anundeveloped property. 5roidh noted that she supported this project, but now looks ntother developments and questions the progress nrlack thereof. She believes that there are developers who would be willing to build but is concerned about the conumniLnncot of the church. City services were brought thnrc, and nothing has progressed. Ms. Smith wants tosee more progress and effort bychurch. Page 6of1O LAKE ELMO CITY COUNCIL MINUTES JANUARY 15, 2015 Discussion was had about how the burden of providing the infrastructure has been shared by the entire City and the church has only benefitted. The church did not bear the cost of the infrastructure but residents near the area have and are going to. The specifics of the request were clarified. The extension would allow six months to identify the easement dedication, and if still no developer at that time, church will have to ask for another extension. The situation with the previous right of way granted along Highway 36 was clarified and various issues that have arisen were identified. Council Member Smith inquired about the status of the pre-existing house on the property. It was unclear if it was included Associate City Attorney Brekken advised that the language "only after" the dedication of the easement. The use of the word "only" could limit the Council's ability to grant an extension if the easement was not established in that timeframe. He advised Council to remove the word "only". MOTION: Council Member Pork moved TO APPROVE THE REQUEST FROM ROCKPOINT CHURCH TO EXTEND THE DEADLINE TO SUBMIT A FINAL PLAT RELATED TO HIDDEN MEADOWS 2ND ADDITION FORA PERIOD OF SIX MONTHS UNTIL AUGUST 2, 2013, WITH THE UNDERSTANDING FURTHER EXTENSIONS TO BE CONSIDERED AFTER THE DEDICATION OF A UTILITY EASEMENT ACROSS THE CHURCH'S PROPERTY CONSISTENT WITH THE LOCATION OF A PLANNED 16" WATER LINE. Council Member Smith seconded the motion. MOTION PASSED 4-0. ITEM 21: APPROVE PURCHASE OF PERMIT WORKS SOFTWARE APPLICATION Planning Director Klatt gave overview of why the software is needed. Current software is from 2000 and is out of date. New software would cover permits, licensing and code enforcement. It will be more efficient and streamlined. Staff looked at three different systems. Web -based are expensive. Permit works has made great strides in improving and listening to communities/users. One of the benefits is the other users, including the City of Hugo, and the increased access staff will have. A discussion was had about the funding. It was explained that the purchase would initially come out of the undesignated fund balance, but cost recovery is built into fees. Next year the maintenance will be included in the budget. MOTION: Council Member Pearson MOVED TO APPROVE THE PURCHASE OF PERMIT WORKS SOFTWARE AT A TOTAL IMPLEMENTATION COST NOT TO EXCEED $21,000 AND ANNUAL ON- GOING SUPPORT BEGINNING IN 2013 NOT TO EXCEED $4,200. Council Member Bloyer seconded the motion, MOTION PASSED 4-0. ITEM 12: SUBDIVISION ORDINANCE AMENDMENTS RELATED TO PUBLIC LAND DEDICATION; ORDINANCE 08-XXX Page 7of10 LAKE EXMO CITY COUNCIL MINUTES �� K�� »^~.~^.-.. �~'.~_�~ Dean explained that it is a discussion of philosophy. It is important to update the ordinance to be ready and in line for the forthcoming growth. Developers are looking for afixed cost. They prefer aflat fee per acre for business and commercial land. Staff recommends 7% for residential and $4000/acre for conncnenja| and business. This Percentage costs actually increase costs to developers. Smith expressed her discomfort with deciding issue toniZD ght. Needs more time to study. She asked asked that item be postponed. Funds go to parks and trails, and City must be cautious not to undercharge developers. Need to think about hest interest of city. She believes that City should get the maximum amount itcan. Ms. Smith formally requested that Council wait toact. Council asked that the item be brought back next meeting. It was noted that Parks Connnn(odon should weigh in. City wants to be competitive, but not forgo revenue. Parks Commission should look atwhat todowith the money. Council Member Smith noted that the plan dictates what the fee should he based on what needs to be accomplished. Other cities should also be looked at to see what isdone. Council K4ernbec 3ouhb reiterated that the connprcbonsk/c plan needs to be [nUovved and the rate should enable meeting the goals stated in the plan. Council Member 8|oyernoted that those goals may need to be re-examined to make sure they are in -line with the new Council's direction. MOTION: Council Member Smith MOVED TO TABLE ITEM 12. Council Member Park seconded the motion. MOTION PASSED 4-0. Council Member Pork noted that astudent was imattendance atthe meeting. Mayor Pearson signed his paperwork for class credit. The Council thanked him for coming. ITEM 22: ESTABLISHMENT OF FINANCE & HUMAN RESOURCES COMMITTEE City Administrator %uleger explained the committee structure and the benefits thereof. Staff is proposing a Finance Committee and Human Resources Committee. These committees would operate to assist staff and council. Mc Zu|cgerstatcd the three recommended nood000. There are individuals in the community who have expressed interest. A public Safety onnucnitLee is also something staff would like, but in not the top priority atthis time. Council Member Smith asked about the Economic Development Committee. It was explained that the proposed Economic Development Authority would be in lieu of the committee. MOTION 2: Council Member Smith MOVED TO APPROVE, PER IHE2A13 PLAN OF WORK, THE CREATION OF THE CITY OF LAKE ELMO FINANCE COMMITTEE AND THE CITY OF LAKE ELMO HUMAN RESOURCES COMMITTEE AS AD HOC ADMINISTRATIVE BODIES OFTHE CITY COUNCIL THROUGH 2013. Council Member B/oyorseconded the motion. MOTION PASSED 4'0. Page 8 of 10 LAKE ELMO CITY COUNCIL MINUTES JANUARY 15, 2015 MOTION 2: Council Member Park MOVED TO INSTRUCT STAFF TO DRAFT COMMITTEE OPERATING GUIDELINES / STANDARD OPERATING PROCEDURES FOR BOTH THE FINANCE COMMITTEE AND THE HUMAN RESOURCES COMMITTEE FOR COUNCIL APPROVAL AT THE FEBRUARY 5, 2013 REGULAR MEETING. Council Member Smith seconded the motion. MOTION PASSED 4-0. MOTION 3: Council Member Bloyer MOVED TO APPROVE THE MAYOR'S SELECTION OF (2) CITY COUNCIL MEMBERS EACH TO SERVE ON THE FINANCE COMMITTEE AND THE HUMAN RESOURCES COMMITTEE FOR FY 2013 AND TO BEGIN THE SOLICITATION PROCESS OF (3) COMMUNITY MEMBERS EACH TO SERVE ON THE RESPECTIVE COMMITTEES, WITH THE FIRST MEETING OCCURRING NO LATER THAN THE THIRD WEEK IN FEBRUARY. Council Member Smith seconded the motion. MOTION PASSED 4-0. ITEM 23: NOTICE OF PUBLIC HEARING FOR THE PROPOSAL TO ESTABLISH AN ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF LAKE ELMO Council Member Smith asked if the body could go ahead and approve the EDA due to the duration that the City has been discussing the creation of an EDA. City Administrator Zuleger acknowledged the Enabling Resolution with the Item documentation. He noted the granted powers section and the requirement of real property owners for membership. The council reviewed the resolution and discussed the points that Mr. Zuleger noted. MOTION: Council Member Smith MOVED THAT THE CITY COUNCIL OF LAKE ELMO WILL HOLD A PUBLIC HEARING AT 7 PM ON FEBRUARY 5, 2013 DURING THE REGULARLY SCHEDULED COUNCIL MEETING RELATING TO THE QUESTION OF THE ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT AUTHORITY (EDA) PURSUANT TO MINNESOTA STATUTES, SECTION 469.090 THROUGH 469.1082. PER STATUTES THE PUBLIC HEARING MUST BE NOTICED FOR TWO CONSECUTIVE WEEKS PRIOR TO THE HEARING DATE. Council Member Bloyer seconded the motion. MOTION PASSED 4-0. Council Member Smith noted that hours and hours have been put into discussing the creation of an EDA and that it is very important. ITEM 24: DISCUSSION ONLY: COUNCIL OLD VILLAGE WORK GROUP WORKSHOP Bloyer requested that the next workshop regard the old village work group. This would allow the group and staff to inform the council of where group is. Council can provide guidance and then have the progress brought to the planning commission. The hope is to help the group move faster and not waste time that will not be supported by the Council. Dean proposed Wednesday the 30th for workshop where Harry Melander from MetCouncil would meet the Council at 6:00 P.M. and then hold Old Village Workgroup presentation/discussion from 7- 8:30 P.M. Page 9 of 10 LAKE ELMO CITY COUNCIL MINUTES ^'_..~'.--~ 15,2015 Council Member Park believes that the workshop format is a good opportunity to provide guidance and help the work group move for -ward. Smith explained that part of the reason that the Old VlUa�c group is delayed is that there has not been focus on the Old Village but the 1-94 group. There was a forced 6-month hiatus. The Old Village isnot comparable tnthe |'94. The timing and nature are completely different. It was decided that the Planning Commission should also attend the January 3011, workshop. SUMMARY REPORTS AND ANNOUNCEMENTS Council Member Smith reported thanks Boy Scout Troop l6Zher soo'ntroop. Council Member Blwyer reported asked for removal of order of business and the three minute time limit oopublic input. Thanked staff and families. Council Member Park expressed congratulations to everyone and Council Member Nelson excited for good year. Mayor Pearson reported rc 'onxU council and mayors nuocdog; worked with library board to hire full time librarian. City Administrator Zuleger reported evaluations almost done. Working with Brian Zeller and Gary Khoscl to bring company over from VV) to bring 50'70 good -paying jobs to Lake E|nnn. Thursday at Ipm there will be a meeting with staff and legal counsel developer fees, WAC, and SAC. Associate City Attorney 0rekkenreported noupdate. City Engineer Griffin update on Obno Lake Trail extend sanitary sewer with Oakdale Thursday night uuecbug Expect to bring feasibility report to council in Fcbroary. Design and construction standards are expected to be completed in February as well. Monthly transportation meeting conoin�up. Planning Director Klattreported P\aooin�Cnnnonim�onwork pbu�isbeing developed. y�ctcouud\wants more info regarding discrepancies between comp plan and amendments to MOU. Finance Director Bendel reported year end dose, Scheduling audit field work. Mailing out December only water bill. Year-end payroll stuff. Adjourned open meeting at 10:06-- P.M. Adam R. Bell, City Clerk Page 10 of 10 LAKE ELMO CITY COUNCIL Mike Pearson, Mayor CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2013-05 ENABLING RESOLUTION ESTABLISHING THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF LAKE ELMO, MINNESOTA UNDER MINNESOTA STATUTES, SECTION 469.090 THROUGH 469.1082 BE IT RESOLVED BY, The City Council of the City of Lake Elmo, Minnesota, as follows: 1. Recitals. The City of Lake of Lake Elmo is authorized pursuant to Minnesota Statutes, 469.090 through 469.1082 (the Economic Development Act), to establish an economic development authority for the City and the Council desires to do so in order to promote certain, economic, commercial, housing, and / or industrial development and redevelopment goals and objectives. The City has caused notice of a public hearing on the establishment by the City of an economic development authority to be published in a newspaper of general circulation in the City once each week for two consecutive weeks, and pursuant to such notice, a public healing on the proposal has been held by the Council on the date hereof, at which hearing all persons desiring to present their oral or written comments on the proposal were given an opportunity to do so. 2. Establishment of Economic Development Authority. Pursuant to the Economic Development Authority Act, the Council hereby establishes an economic development authority for the City to be known as the Economic Development Authority of the City of Lake Elmo, Minnesota (the "EDA"). The EDA shall be governed by a board of commissioners thereof consisting of seven members, two who shall be members of the City Council. Each Commissioner who is a member of the City Council shall cease to be a Commissioner effective at such a time as he or she is no longer a member of the Council. Five members shall be real property owners, in good standing, from within the jurisdictional boundary of the City of Lake Elmo that be appointed by the Mayor with Council approval. Terms shall be staggered as follows: (1) member serves a one-year term; (2) members serve a two-year term, (2) members serve a two-year term. 3. Staffing. The City Administrator shall act as the Executive Director of the City of Lake Elmo Economic Development Authority. 4. Powers. The EDA shall have all limited powers granted to an economic development authority pursuant to the Economic Development Authority Act, as the same may be amended or supplemented. The City of Lake Elmo City Council pursuant to Minnesota Statutes 469.092 places the following operational control on the EDA: The sale of all bonds or obligation issued by the EDA must be approved by the City Council before issuance; The EDA follows the budget process for City departments as provided by the City as implemented by the City Council and Mayor; 3. All official actions of the EDA must be consistent with the adopted comprehensive plan of the City, and any official controls or oversight by the City implementing the comprehensive plan; 4. The City Council may by resolution require the EDA to transfer any portion of reserves generated by activities of the EDA that the City Council determines is not necessary for the successful operation of the authority to the debt service fund of the City, to be used solely to reduce tax levies for bonded indebtedness of the City. SECTION 2. Effective Date This resolution shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE 5TH DAY OF FEBRUARY, 2013. (Seal) ATTEST: Adam Bell City Clerk By; Mike Pearson Mayor MAYOR AND COUNCIL COMMUNICATION DATE: 02/05/2013 CONSENT ITEM #: 3 MOTION Consent Agenda AGENDA ITEM: Approve Disbursements in the Amount of $403,579.68 SUBMITTED BY: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $403,579.68. 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 $ 9,862.27 PayrollTaxes to IRS & MN Revenue 1/24/2013 ACH $ 5,433.37 PayrollRetirement to PERA 1/24/13 DD4381 DD4400 $ 26,031.34 Payroll Dated 1/24/13 (Direct Deposit) 1709-1812 $ 6,240.00 Library Card Reimbursement 2/5/13 39479-39546 $ 346,560.82 Accounts Payable 2/5/13 39474-39478 $ 9,451.88 Manual Checks 1/31/13 TOTAL $ 403,57 .68 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 $403,579.68. 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 February 5th, 2013, Disbursements as Presented [and modified] herein." ATTACHMENTS: Accounts Payable Dated 2/5/2013 SUGGESTED ORDER OF BUSINESS Of removed from the ConsentAgenda): Questions from Council to Staff._ ....... ..... ................ ...... Mayor Facilitates Call for Motion ............... ....... ........... .............. ...... Mayor & City Council Discussion ...... ........................................................... Mayor & City Council Action on Motion .......... ........... Mayor Facilitates Accounts Payable To Be Paid Proof List User: joan z Printed: 01/31/2013 - 3:29 PM Batch: 012-01-2013 Invoice # lnv Date Amount Quantity Pmt Date Description Reference Task Type l'O # Close POLine # ANCOM ANCOM Communications, Inc. 34438 01/11/2013 239.40 0.00 02/05/2013 Radio Holders No 0000 101-420-2220-43230 Radio 34438 Total: ANCOM Total: 239.40 239.40 ARAM Aramark, Inc. 629-7656684 01/03/2013 24,78 0.00 02/05/2013 Unifonns No 0000 101-430-3100-44170 Uniforms 629-7656684 Total: 24.78 629-7658474 01/07/2013 43.75 0.00 02/05/2013 City hall Floor mat & linen No 0000 101-410-1940-44010 Repairsqvlaint Contractual 131dg 629-7658474 Total: 43.75 629-7661424 01/10/2013 24.78 0,00 02/05/2013 Uniforms No 0000 1 01-430-3100-44170 Uniforms 629-7661424 Total: 24.78 629-7666192 01/17/2013 24,78 0.00 02/05/2013 unitbrins No 0000 101-430-3100-44170 Uniforms 629-7666192 Total: 24.78 629-7668026 01/21/2013 178.83 0.00 02/05/2013 Monthly Rug Service Station #2 No 0000 101-420-2220-44010 Repairs/Maint Bldg 629-7668026 Total: 178.83 629-7668027 01/21/2013 43.79 0.00 02/05/2013 Linen City Hall ,.. No 0000 101-410-1940-44010 Repairs/Mainl Contractual 131dg 629-7668027 Total: 43,79 629-7668028 01/21/2013 176.81 0.00 02/05/2013 Monthly Rug Service Station #1 No 0000 101-420-2220-44010 Repairs/Maint I3ldg 629-7668028 Total: 176.81 ARAM Total: 517.52 ASPENMI Aspen Mills, Inc. 130159 01/09/2013 85.93 0,00 02/05/2013 Probie Uniforms No 0000 101-42(1-222(1-441 70 1 iniforms AP - To Be Paid Proof List (01/31/13 - 3:29 PM) Page 1 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # 130159 Total: 130160 01/09/2013 101-420-2220-44170 Uniforms 130160 01/09/2013 101-420-2220-42080 EMS Supplies 130160 Total: 130161 01/09/2013 101-420-2220-44170 Uniforms 130161 Total: ASPENMI Total: 85.93 42.50 0.00 02/05/2013 Probie Pants 84,50 0.00 02/05/2013 Probie Medic Boots 127.00 52.71 0.00 02/05/2013 Probie Uniforms 52.71 265.64 BATTY PL Batteries Plus Woodbury, Corp 032-767420 01/10/2013 92.94 0.00 02/05/2013 V-Box battery 101-430-3125-44040 Repairs/Maint Eqpt (132-767420 01/10/2013 84.95 0.00 02/05/2013 Laptop Battery 101-43(1-3100-4200(1 Office Supplies 032-767420 Total: 177.89 13ATTY Pl. Total: 177.89 No 0000 No 0000 No 0000 No 0000 No 0000 BECKER Becker Fire and Safety. LLC 758 01/09/2013 26.80 0.00 02/05/2013 Annual Fire Extingisher inspection-cll. No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 758 Total: 26.80 759 01/09/2013 154.38 0.00 02/(15/2013 Annual Fire Ext. inspection No 0000 101-420-2220-44040 Repairs/Maint Eqpt 759 Total: 154.38 760 01/09/2013 356.51 0.00 (12/05/2(113 Fire Extinguisher annual inspect No 0000 101-430-3100-44010 Repairs/Maint Bldg 760 Total: 356.51 BECKER Total: 537.69 BERTELSO Bertelson's NVO-82 2314-1 01/02/2013 101-410-1320-42000 Oftice Supplies wo-822314-1 01/02/2013 101-420-2400-42000 Office Supplies wo-822314-1 01/02/2013 101-410-1520-42000 Office Supplies wo-822314-1 01/02/2013 101-420-2400-42000 Office Supplies wo-822314-1 Total: wo-822510-1 01/03/2013 10I-410-1320-42000 Office Supplies 127.99 0.00 02/05/2013 Admin Supplies 38.46 0.00 02/05/2013 Bolding & tax 12,61 0.00 02/05/2013 Finance -38.46 0.00 02/05/2013 Building - Return plus tax 140.60 92.50 0.00 02/05/2013 Admin-2cases of paper No 0000 No 0000 No 0000 No 0000 No 0(100 AP - To Be Paid Proof List (01/31/13 - 3:29 PM) Page 2 Invoice ft Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # wo-822510-1 Total: 92,50 wo-828522- I 01/28/2013 89.01 0.00 02/05/2013 Admin No 0000 101-410-1320-42000 Office Supplies Wo-818522-1 (11/28/2(113 117,58 0.00 (12/(15/2013 building No 0000 101-420-2400-42000 Office Supplies wo-828522-1 Total: 206.59 BER1EI,S0 Total: 439.69 CAPCITY Capitol City 1252010 01/09/2013 50.00 0.00 02/05/2013 2013 dues No 0000 101-420-2220-44330 Dues & Subscriptions 1252010 Total: 50.00 CAPCITY Total: 50.00 CARQUEST Car Quest Auto Parts 2055-278951 01/08/2013 134.08 0.00 02/05/2013 Brake pads 07-1 No 0000 101-430-3100-44040 Repairs/Maint Eqpt 2055-278951 Total: 134.08 2055-2796888 01/17/2013 29.22 0.00 02/05/2013 Grease Coupler elec. connectors No 0000 101-430-31(1(1-42150 Shop Materials 2055-2796888 01/17/2(113 57.33 0.00 02/05/2013 oils No 0000 101-430-3120-42120 Fuel, Oil and Fluids 2055-2796888 Total: 86.55 CARQI iF,s-r Total: 220.63 CENTURY', Centuryl,ink 01/28/2013 02/07/2013 120,33 0.00 (12/05/2013 Phone Service - Library No 0000 206-450-5300-43210 'Telephone 01/28/2013 02/07/2013 35.95 0.00 02/05/2013 Internet Service - Library No 0000 706-450-5300-43250 Internet 01/28/2013 Total: 156.28 CENTURY'. Total: 156.28 CONLEYMO Conley Morgan 1/15 01/15/2013 68.75 0.00 02/05/2013 Cable Operations - 1/15/13 5 hours No 0000 101-410-1450-43620 Cable Operations 1/15 Total: 68.75 CONLEYMO Total: 68.75 AP - To Be Paid Proof List (01/31/13 - 3:29 PM) Page 3 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine CTY111 IGO City of Hugo 01-13 01/22/2013 86.00 0.00 02/05/2013 building inspector services No 0000 101-420-2400-43150 Inspector Contract Services 01-13 01/22/2013 26.64 0,00 02/05/2013 building inspector- mileage No 0000 101-420-2400-43050 Plan Review Charges 01-13 Total: 112.64 CTY1-111G0 Total: 112,64 CTYOAKDA City of Oakdale 201301183530 01/18/2013 130.12 0.00 02/05/2013 #3530 Oil Change, Wipers, Batteries No 0000 101-420-2220-44040 Repairs/Maint Eqpt CV 1 201301183530 Total: 130,12 201301183531 (11/18/2(113 75.00 0.00 02/05/2013 Trailer Wiring No 0000 101-420-2220-44040 Repairs/Maim Eqpt 201301183531 Total: 75.00 201301183532 01/18/2013 235.81 0.00 02/05/2013 #3532 Strobe on B1 No MOO 101-420-2220-44040 Repairs/Maint Eqpt 201301183532 Total: 235.81 201301183533 01/18/2013 56,85 0,00 02/05/2013 #3533 Engine I leater on CV2 No 0000 101-420-2220-44040 Repairs/Maint Eqpt 201301183533 Total: 56.85 CTYOAKDA Total: 497,78 DADSPLIJM Dad's Plumbing LLC jut-13 01/02/2013 262.00 0.00 02/05/2013 emergency servicing of plugged sewer No 0000 206-450-5300-44010 Repairs/Maint Bldg jan-13 Total: 262.00 DADSPLUM Total: 262,00 DELTA Delta Dental Of Minnesota 5037216 01/15/2013 675.95 0.00 (12/05/2013 Februrary 2013 Dental Coverage No 0000 101-000-0000-21706 Medical Insurance 5037216 Total: 675.95 DELTA Total: 675.95 DVS DVS Renewal 1/30/13 01/30/2013 101-430-3100-44300 Miscellaneous 1/30/13 Total: DVS Total: 21.00 0.00 02/05/2013 Public Works Vehicle Registration No 0000 21.00 21.00 AP - To Be Paid Proof List (01/31/13 - 3:29 PM) Page 4 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine FASTENAL Fastenal MNOAK287O 01/02/7031 430.81 0.00 02105/2013 Hardware No 0000 101-430-3100-42210 Equipment Parts NINOAK2870 Total: 430.81 FASTENAL Total: 430.81 FERGUSON Ferguson Waterworks, Inc #2516 8839 01/10/2013 927.93 0.00 02/05/2013 Water Main Repair Clamps No 0000 601-494-9400-44030 Repairs\klaint Imp Not Bldgs 8839 Total: 927.93 kan-13 01/10/2013 3,04445 0.00 02/05/2013 Wilier Meters No 0000 601-494-9400-42300 Water Meters & Supplies jan-13 Total: 3,044.45 FERGUSON Total: 3,972.38 FOCUS Focus Engineering, Inc. 486 01/30/2013 1,134.82 0.00 02/05/2013 Transportation & Traffic Systems No 0000 409-480-8000-43030 Engineering Services 486 01/30/2013 112.50 0.00 021(15/2013 Street Maintenance No 0000 409-480-8000-43030 Engineering Services 486 01/30/2013 1.084.00 0.00 02/05/2013 Municipal Aid System No 0000 409-480-8000-43030 Engineering Services 486 01/30/2013 395.07 0.00 02/05/2013 Cap Improvement Planning No 0000 409-480-8000-43030 Engineering Services 486 01/30/2013 67.50 0,00 02/05/2013 2013 Seal Coat Project No WOO 409-480-8000-43030 Engineering Services 486 01/30/2013 383,50 0.00 02/05/2013 Trunk Highway 36 Corridor Planning ,.. No 0000 409-480-8000-43030 Engineering Services 486 . 01/30/2013 29.50 0.00 02/05/2013 State Hwy 5 Traffic Mgmnl & Safety No 0000 409-480-8000-43030 Engineering Services 486 Total: 3,206.89 486/487 01/30/2013 3,536.24 0.00 02/05/2013 General Engineering - General No WOO I 01-41(1-1930-43(130 Engineering Services 486/487 01/30/2013 1,643,50 0.00 02/05/2013 General Engineering- Planning No 0000 101-410-1910-43030 Engineering Services 486/487 Total: 5,179.74 488 01/30/2013 630.00 0.00 02/05/2013 General Engineering - VRA \Building No 0000 101-420-2400-43030 Engineering 488 01/30/2013 677.50 0.00 (12/05/2013 General Engineering - VRA\ Planning No 0000 101-410-1910-43030 Engineering Services 488 01/30/2013 180.00 0,00 02/05/2013 General Engineering - V RAICap Pro). No 0000 404-480-8000-43030 Engineering Services Parks 488 01/30/2013 337.50 0.00 02/05/2013 General Engineering - VRA\PW No 0000 101-430-3100-43030 Engineering Services AP - To Be Paid Proof List (01/31/13 - 3:29 PM) Page 5 Inv Date 488 01/30/2013 601-494-9400-43030 Engineering Services 488 01/30/2013 602-495-9450-43030 Engineering Services 488 01/30/2013 603-496-9500-43030 Engineering Services 488 Total: 490 01/30/2013 409-480-8000-43030 Engineering Services 490 Total: 491 01/30/2013 413-480-8000-43030 Engineering Services 491 Total: 492 01/30/2013 420-480-8000-43030 Engineering Services 492 Total: 493 01/30/2013 419-480-8000-43030 Engineering Services 493 Total: 494 01/30/2013 409-480-8000-43030 Engineering Services 494 01/30/2013 409-480-8000-43030 Engineering Services 494 Total: 496 01/30/2013 409-480-8000-43030 Engineering Services 496 01/30/2013 601-494-9400-43030 Engineering Services 496 Total: 497 01/30/2013 203-490-9070-43030 Engineering Scnices 497 Total: 498 01/30/2013 409-480-8000-43030 Engineering Services 498 Total: 499 01/30/2013 409-480-8000-43030 Engineering Services 499 Total: 500 01/30/2013 601-494-9400-43030 Engineering Services 500 Total: FOCUS Total: Amount Quantity Pm( Date Description Reference 1.285.44 140,50 1,587.00 4,837,94 45.00 45.00 1,013,14 1,013,14 400,50 400,50 270.00 270.00 1,220.00 45.00 1,265,00 2,777,32 2,095,18 4,872,50 236.00 236.00 2.623.00 2,623,00 742.50 742.50 400.50 400.50 25,092.71 Task Type PO # Close POLine # 0.00 02/05/2013 General Engineering - V RAIWater 0.00 02/05/2013 General Engineering - VRA \Sewer 0.00 02/05/2013 General Engineering - VRA\Surface Water 0.00 02/05/2013 Sanctuary 0.00 02/05/2013 Lake Elmo Area Village Eng. Support 0.00 02/05/2013 10th Street Infrastucture Planning 0.00 02/05/2013 Demontreville Highlands Area Street Impr 0,00 02/(15/2013 Olson Lake Trl Sewer Exten Feasiblity 0.00 02/05/2013 Old Village Municipal Sanitary Sewer 0.00 02/05/2013 Keats Ave Street 57% 0,00 02/05/2013 Keats Ave Watermain 0.00 02/05/2013 Lennar 194 West Corridor 0,00 02/05/2013 LE Ave Infrastructure on 194 to 30th 0.00 02/05/2013 Water system funding activies (Deeds) 0.00 02/05/2013 Supply Well & Pumphouse 4 No 0000 No 0000 Nu 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No ONO No 0000 No 0000 No ONO No 0000 No 0000 No 0000 AP - To Re Paid Proof List (01/31/13 - 3:29 PM) Page 6 Invoice # Inv Date Amount Quantity, Pint Date Inscription Reference Task Type P0# Close POLine FRANZ Franz Reporgraphics 114778 01/08/2013 441,50 0.00 02/05/2013 Plotter Ink No 0000 101-410-1910-42000 Office Supplies 114778 Total: 441.50 114893 (11/10/2013 123.01 0.00 02/05/2(113 Plotter Paper and Supplies No 0000 101-410-1910-42000 Office Supplies 114893 Total; 123.01 FRANZ Total: 564.51 FXL FXL. Inc. Feb-13 01/30/2013 2,000.00 0.00 02/05/2013 Assessment Services No 0000 I ()1-41(1-1320-43100 Assessing Services Feb-13 Total: 2,000.00 FAL Total: 2,000.00 GIBSONJU Gibson Judy 1/12 01/12/2013 72.35 0,00 02/05/2013 4 hooks - approvved 1-9-13 No 0000 206-450-5300-42500 Library Collection Maintenance 1/12 Total: 72.35 GII3SONJU Total; 72.35 1-101.1DAYC Holiday Credit Office jan - 15 01/15/2013 360.53 0.00 02/05/2013 Fuel No 0000 101-42(1-2220-42120 Fuel, Oil and Fluids jan - 15 Total: 360.53 110LIDAYC Total: 360,53 IAFC IAFC Membership 1/14 01/14/2013 101-420-2220-44330 Dues & Subscriptions 1/14 Total; IAFC Total: KLMENG KLM Engineering, Inc, 4744 01/17/2013 803-000-0000-22900 Deposits Payable 4744 Total: KLMENG Total: 229.00 0.00 02/05/2013 2013 dues 229.00 229.00 No 0000 1,200.00 0.00 02/05/2013 Plan Review for Sprint Antenna Mods No 0000 1,200.00 1,200.00 AP - To Be Paid Proof List (01/31/13 - 3:29 PM) Page 7 Invoice # Inv Date Amount Quantity Pmt Date inscription Reference Task Type PO # Close POLine # LEAGMN League of MN Cities 168648 01/31/2013 6,958.00 0.00 02/05/2013 Membership dues 2012-2013 No 0000 101-410-1110-44330 Dues & Subscriptions 168648 Total: 6,958.00 LEAGMN Total: 6,958.00 MARONEYS Maroney's Sanitation, Inc 458653 01/04/2013 108.32 0.00 02/05/2013 Waste Removal - City Hall No 0000 101-410-1940-43840 Refuse 458653 01/04/2013 47.68 0,00 02/05/2013 Waste Removal - Fire No 0000 101-420-2220-43840 Refuse 458653 01/04/2013 207.82 0.00 02/05/2013 Waste Removal - Public Works No 0000 101-430-3100-43840 Refuse 458653 01/04/2013 107.8/ 0.00 02/05/2013 Waste Removal - Parks No 0000 101-450-5200-43840 Reftisc 458653 01/04/2013 48.12 0.00 02/05/2013 Waste Removal - Library No 0000 206-450-5300-43840 Refuse 458653 Total: 619.76 MARONEYS Total: 619.76 MARVS Marv's Professsional Tools 256610 0I/10/2013 101-430-3100-42400 Small Fools & Minor Equipment 256610 Total: MARVS Total: 4.88 0.00 02/05/2013 3/8 socket 4.88 4 88 No 0000 MC&FOA Finance Officers Assoc. of MN Muni Jan-13 01/25/2013 35.00 0.00 02/05/2013 Adam - Membership Fee No 0000 101-410-1320-44370 Conferences & Training Jan -I 3 01/25/2013 35.00 0.00 02/05/2013 Cathy - Membership Fee No 0000 101-410-1520-44370 Conferences & Training Jan -I 3 Total: 70.00 MC&FOA Total: 70.00 MENARDSO Menards - Oakdale 11340 01/16/2013 19.96 0.00 02/05/2013 chlorine Supply repair parts No 0000 601-494-9400-42270 Utility System Maintenance 11340 Total: 19.96 MENARDSO Total: 19.96 AP - To Be Paid Proof List (01/31/13 - 3:29 PM) Page 8 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # NIES Municipal Emergency Svs, Inc. 00373801-SN V 01/07/2013 401.69 0.00 02/05/2013 Rescue Gloves, glove straps No 0000 101-420-2220-42400 Small Tools & Equipment 00373801-SNV Total: 401.69 MES Total: 401.69 METRO MU Metropolitan Municipalities Associ 36 01/11/2013 101-410-1110-44330 Dues & Subscriptions 36 Total: mErRo MU Total: 3,381.00 0.00 02/05/2013 Membership Dues - Jan 2013 to Dec 2013 3,381.00 3,381.00 No 0000 MURRAYCA Murray Cameron jan-13 01/25/2013 152.12 0.0(1 02/05/2013 books for the collection, approved 1-19 - No 0000 206-450-5300-42500 Library Collection Maintenance ,jan-l3 Total: 152.12 MURRAYCA Total: 157.17 NAMER1CA North American Salt Company 70917022 01/04/2013 101-430-3125-42290 Sand/Salt 70917022 Total: 70917719 01/07/2013 101-430-3125-42290 Sand/Salt 7(1917719 Total: 70926489 01/22/2013 101-430-3125-42290 Sand/Salt 70926489 Total: 7(1927963 01/24/2013 101-430-3125-42290 Sand/Salt 70927963 TOW: NAM[RICA Total: 5,351.20 0.00 02/05/2013 Road Salt No 0000 5,351.20 4,447.72 0.00 02/05/2013 Road Salt No 0000 4,447.72 1,919.23 0.00 02/05/2013 Bulk Coarse Salt-HWY No 0000 1,919.23 5,498.47 0.00 02/05/2013 Bulk Coarse Salt - HWY No 0000 5,498.47 17.216.62 NCPERS 566200-NCPERS Minnesota 5662213 01/30/2(113 112.00 0.00 02/05/2013 feb 2013 deductions No 0000 101-000-0000-21708 Other Benefits 5662213 Total: 112.00 NCPERS Total: 112.00 AP - To Be Paid Proollist (01/31/13 - 3:29 PM) Page 9 Invoice # lnv Date NEXTEL Nextel Communications 761950227-118 01/18/2013 101-410-1940-43210 Telephone 76195(1227-118 01/18/2013 101-420-2220-43210 Telephone 761950227-118 01/18/2013 101-420-2400-43210 Telephone 761950227-118 01/18/2013 101-430-3100-43210 Telephone 761950227-118 01/18/2013 101-450-5200-43210 Telephone 761950227-118 01/18/2013 101-410-1450-43210 Telephone 761950227-118 01/18/2013 101-410-1910-43210 Telephone 761950227-118 Total: NEXTEL Total: NORTHSEC Northland Securities, Inc. 3113 01/08/2013 101-410-1520-44300 Miscellaneous 3113 Total: NORTI-ISEC Total: NORTIITOO Blue Tarp Financial 563(153647 01/08/2013 101-43(1-3100-44010 Repairs/Maint 131dg 563053647 Total: 56305915 01/11/2013 101-430-3120-42210 Equipment Parts 56305915 Total: NORTHT00 Total: OAKDRC Oakdale Rental Center 10086478 01/28/2013 101-450-5200-42120 Fuel. Oil and Fluids 10086478 Total: 10086564 01/23/2013 101-450-5200-42120 Fuel, Oil and Fluids 10086564 Total: OAKDRC Total: Amount Quantity Pmt Date vescription Reference 127.79 130.05 50,07 35.35 75,37 64,60 18,20 501.43 501.43 0,0(1 02/05/2013 0.00 02/05/2013 0,00 02/05/2013 0.00 02/05/2013 0.00 02/05/2013 0.00 02/05/2013 0.00 02/05/2013 cell phone service - administration cell phone service - fire dept cell phone service - building dept cell phone service - pub works dept cell phone service - parks dept cell phone service - taxpayer service cell phone service - planning dept 1,125,00 0.00 02/05/2013 Continuing Disclosure Report 1,125,00 1,125,00 123.12 123.12 0.00 02/05/2013 Tools 42.83 0,00 02/05/2013 Ratchet Straps V-Box Spreader 42.83 165.95 11.75 0,00 02/05/2013 Propane-Zamboni 11,75 11,75 0.00 02/05/2013 Propane - Zamhoni 11,75 23.50 Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 00 00 No 0000 Nu 0000 No 0000 No 0000 AP - To Be Paid Proof List (01/31/13 - 3:29 PM) Page 10 Invoice # Inv Date Amount Quantity Pmt Date —escription Reference PITNEY Pitney t3owes 486892 01/03/2013 101-410-1940-44010 Repairs/Maint Contractual Bldg. 486892 Total: PITNEY Total: REEDKAIR Reed Katrina Jan31-13 02/01/2013 101-000-0000-21710 Health FISA Jan31-I3 Total: R EEDKAIR Total: ROGERS Rogers Printing Services, Corp 19127 01/15/2013 101-410-1450-43090 Newsletter 19127 Total: ROGERS Total: SAM SCLUB Sam's Club 1/11 01/11/2013 101-421)-222(1-44300 Miscellaneous 1/11 01/11/2013 I0I-420-2220-42000 Office Supplies 1/11 01/11/2013 101-410-1320-44300 Miscellaneous 1/11 Total: SAMSCLUB Total: STILLMED Stillwater Medical Group 31614 01/03/2013 101-420-2220-43050 Physicals 31614 Total: STILLMED Total: STRIPE Stripe Right Inc, Midwest 1109 01/03/2013 101-420-2220-4401(1 Repairs/Maint Bldg 1109 01/03/2013 101-430-3100-44030 Repairs/Maint Imp Not Bldgs 1109 Total: 131.10 0.00 02/05/2013 Postage Machine Ink 131.10 131.10 96.00 0.00 02/05/2013 Daycare expense reimbursement 96.00 96.00 2,228.34 7,278.34 2,228.34 92.20 155.92 39.97 288.09 288.09 0.00 02/05/2013 3600 newsletters 0.00 02/05/2013 Rehab Supplies, water coffee, papertowel 0.00 02/05/2013 Printer Cartridges 0.00 02/05/2013 Water for city hall, hand salt 100.00 0.00 02/05/2013 2nd Ilep B. Gimple, Supan 100.00 100.00 450.00 115.00 565.00 0.00 02/05/2013 Lot Striping - Fire 0.00 02/05/2013 Lot Striping - City 1111 Task Type PO # POLine No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 MOO AP - To Be Paid Proof List (01/31/13 - 3:29 PM) Page 11 Invoice # Inv Date Amount Quantity Pint Date tyescription Reference Task Type PO # Close POLine # STRIPE Total: 565.00 TM Twin City Janitor Supply 145707 01/28/2013 146.03 0.00 02/05/2013 Floor Squeegees 101-420-2220-42400 Small Tools & Equipment 145707 Total: 146.03 '1C.IS Total: 146,03 No 0000 TDS TDS Metrocom - LLC 651-779-8882 01/13/2013 139.66 0.00 02/05/2013 Analog Lines- Fire No 0000 101-420-2220-43210 Telephone 651-779-8882 01/13/2013 221.31 0,00 02/05/2013 Analog 1,ines- public works No 0000 101-430-3100-43210 Telephone 651-779-8882 01/13/2013 129.51 0.00 02/05/2013 Analog Lines- lift station alarms No 00(1(1 602-495-9450-432I0 Telephone 651-779-8882 01/13/2013 45.38 0.00 02/05/2013 alarm -well house 42 Nu 0000 601-494-9400-43210 Telephone 651-779-8882 Total: 535,86 TDS Total: 535.86 TRKUTI Truck Utilities Inc. 248677 01/11/2013 39.54 0.00 02/05/2013 V-Box Spreader Control Cables No 0000 101-430-3120-42210 Equipment Parts 248677 Total: 39,54 248829 (11/17/2013 39.54 0,00 02/05/2013 Spreader contol wires 01-1 No 0000 101-430-3120-42210 Equipment Parts 248829 Total: 39.54 249225 01/25/2013 28.83 0,00 02/05/2013 Hyd. 1-lose and fitting 04-1 No 0000 101-430-3120-42210 Equipment Parts 249225 Total: 28.83 TN:11T' Total: 107.91 VANGADOR Vang Adora 1/15 01/15/2013 55.00 0.00 02/05/2013 Cable Operation 1/15 Ohourst No 0000 101-41(1-145(1-43620 Cable Operations 1/15 Total: 55,00 VANGADOR Total: 55.00 WAS-SIIER Washington County 74365 01/11/2013 634,22 0.00 02/05/2013 2013 Code Red Fee No 0000 101-420-2100-43150 Law Enforcement Contract AP - To Re Paid Proof List (01/31/13 - 3:29 PM) Page 1 2 Invoice # Inv Date Amount Quantity ['nit Date —scription Reference Task Type Cr... POLine 74365 Total: 634,22 WAS-SHER Total: 634,22 WATERCON Water Conservation Sys Inc. 3659 01/21/2013 601-494-9400-44300 Miscellaneous 3659 Total: WATERCON Total: 661,60 0.00 02/05/2013 Water Main Break3650 laverne&10906 - 33rd 661.60 661.60 WEEKSEND Weeks -End Signs & 0raphics 1757 01/28/2013 53.43 0,00 02/05/2013 Chlorine Room Danger Sign 601-494-9400-45200 Building and Structures 1757 Total: 53.43 WEEKSENI) Total: 53.43 XCEL Xcel Energy 51-4572945-7 02/01/2013 32.33 0.00 02/05/2013 Street Lights - Jamely 101-430-3160-43810 Street Lighting 51-4572945-7 Total: 32.33 51-6429583-8 02/01/2013 17.84 0.00 02/05/2013 Lift Station 602-495-9450-43810 Electric Utility 51-6429583-8 Total: 17.84 XC:F.1. Total: 50.17 YOCUM Yocum Oil Company, Inc. 215129 01/08/2013 1,386,67 0,00 02/05/2013 Bulk Tanks Oil Fill 101-430-3120-42120 Fuel, Oil and Fluids 215129 Total: 1,386.67 215217 01/16/2013 160.69 0.00 02/05/2013 Bulk Oil Tanks 101-430- 00-44010 Repairs/Maint Bldg 215217 Total: 160.69 YOCI)M Total: 1,547.36 Report Total: 76,117,17 AP - To 13e Paid Proof List (01/31/13 - 3:29 PM) No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 13 Accounts Payable To Be Paid Proof List User: joan z Printed: 01/31/2013 - 3:16 PM Batch: 012-12-2012 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # ARAM Aramark, Inc. 629-7620116 11/12/2012 38„22 0.00 02/(15/2013 Linen City Hall No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-7620116 Total: 38.22 629-7639337 12/10/2012 36.25 0.00 02/05/2013 Monthly Rug - Annex No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-7639337 Total: 36,25 629-7648945 12/24/2012 178.83 0.00 02/05/2013 Monthly Rug Service, Station 2 No 0000 101-420-2220-44010 Rcpairs/Maint Bldg 629-7648945 Total: 178.83 629-7648947 12/24/2012 176.81 0.00 02/05/2013 Monthly rug service, Station I No 0000 101-420-2220-44010 Repairs/Maint Bldg 629-7648947 Total: 176.81 ARAM Total: 430.11 ASPENMI Aspen Mills. Inc. 129739 01/25/2013 1,039.15 0.00 02/05/2013 Shirts for Dept. No 0000 101-420-2220-44170 Uniforms 129739 Total: 1,039.15 130760 12/31/2012 102.45 0.00 02/05/2013 Probie Uniforms No 0000 101-420-2220-44170 Uniforms 130760 12/31/2012 84.50 0.00 02/05/2013 Probie Medic Boots No 0000 101-420-2220-42080 EMS Supplies 130760 Total: 186.95 ASPENMI Total: 1,226.10 BERTELSO Bertelson's wo-805431-1 10/15/2012 101-410-1320-42000 Office Supplies ‘vo-805431- I Total: BERTELSO Total: 339.64 0.00 02/05/2013 admin-8cases of paper No 0000 339.64 339,64 Al' - To Be Paid Proof List (01/31/13 - 3:16 PM) Page 1 Invoice # lnv Date BRO Brodart 280951 01/07/2013 206-450-5300-42000 Office Supplies 280951 Total: BRO Total: Amount Quantity Pint Date Description Reference Task Type PO # Close t'OLine # 85.53 0.00 02/05/2013 Plastic Wrap for hooks supplies No 0000 85.53 85,53 CTYOAKDA City of Oakdale 2012122835056 12/28/2012 96,41 0,00 02/05/2013 Repair Temp Sensor on CV2 No 0000 101-420-2220-44040 Repairs/Maint Eqpt 2012122835056 Total: 96,41 CTYOAKDA Total: 96.41 EMERGAPP Emergency Apparatus Maint, INC 65477 12/31/2012 551.91 0.00 02/05/2013 Repair Pump controls on B2 No 0000 101-420-2220-44040 Repairs/Maint Eqpt 65477 Total: 551,91 EMERGAPP Total: 551,91 GII3SONJI.J Gibson Judy bookend 10/11/2012 81.17 0.00 02/05/2013 Bookends No 0000 206-450-5300-42500 Library Collection Maintenance bookend 'rota]: 81,17 G1BSONJU Total: 81.17 LHB LHB 120205,00-1 12/10/2012 2,500.00 0.00 02/05/2013 Energy Review Fee No 0000 101-410-1110-44370 Conferences & Training 120205.00-1 Total: 2,500.00 LHB Total: 2,500,00 MEYERSEW Meyer Sewer Service. Inc 55423 12/31/2012 150.00 0.00 02/05/2013 pumping septic No 0000 206-450-5300-44010 Repairs/Maint Bldg 55423 Total: 150.00 MEYERSEW Total: 150.00 NEWMAN Newman Signs, Inc. TI-0257571 01/04/2013 2,300,83 0.00 02/05/2013 Sign Material No 0000 101-430-3100-42260 Sign Repair Materials TI-025757 I Total: 2,300.83 AP - To Be Paid Proof List (01/31/13 - 3:16 PM) Page 2 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type l'O tt Close POLine NEWMAN Total: 2,300,83 TKDA 'num. Inc. 2012003742 01/04/2013 9,858.71 0.00 02/05/2013 Kest MSA Street (57%) - No 0000 409-480-8000-43030 Engineering Services 2012003742 01/04/2013 7,437.28 0.00 02/05/2013 Keats Trunk Watermain (43%) No 0000 601-494-9400-43030 Engineering Services 2012003742 Total: 17,295.99 TKDA Total: 17,295.99 WAS-SHER Washington County 73947 12/30/2012 84.00 0.00 02/05/2013 Code Red 11/30/12 336 mins No 0000 101-420-2100-43150 Law Enforcement Contract 73947 Total: 84.00 74400 01/15/2013 242,157.65 0.00 02/05/2013 Jul - Dec 2012 Police Services No 0000 101-420-2100-43150 Law Enforcement Contract 74400 Total: 242,157.65 WAS-SI-IER Total: 242,241.65 WASIICONS Washington Conservation Dist. 2553 12/31/2012 554.25 0.00 02/05/2013 4th quater billing for shared educator No 0000 603-496-9500-44370 Conferences & Training 2553 Total: 554.25 WASIICONS Total: 554,25 WEIR D Weir Dick 670443 01/04/2013 400.00 0.00 02/05/2013 Snowplow contract, approved 11-14-12 - No 0000 206-450-5300-43150 Contract Services 670443 Total: 400.00 WEIR D Total: 400.00 XCEL Xcel Energy 51-5356323-8 01/28/2013 2,190.06 0,00 02/05/2013 Well 1 & 2 No 0000 601-494-9400-43810 Electric Utility 51-5356323-8 Total: 2.190.06 XCEL, Iota]: 2,190.06 Report Total: 270.443,65 AP - To Be Paid Proof List (01/31/13 - 3:16 PM) Page 3 Accounts Payable To Be Paid Proof List User: JOAN Z Printed: 01/17/2013 - 1:05 PM Batch: 011-12-2012 Invoice # Inv Date Aniount Quantity Pmt Date Description Reference Task Type PO # Close POLine # ANIMAL11U Animal Elul/lane Society 1094 12/31/2012 175.63 0.00 01/17/2013 Animal Impound Fees No 0000 101-420-2700-43150 Contract Services 1094 Total: 175.63 AN1MAL1111 Total: 175.63 LEAGMN League of MN Cities 12/12/2012 12/31/2012 128.16 0.00 01/17/2013 MN City/Cty Mgmt Association Dues No 0000 101-410-1320-44330 Dues & Subscriptions 12/12/2012 Total: 128.16 LEAGMN Total: 128.16 Report Total: 303,79 AP - To Be Paid Proof List (01/17/13 - 1:05 PM) , — Page 1 Accounts Payable To Be Paid Proof List User: JO: N Z Printed: 01/17/2013 - 1:00 PM 13a1cli: 010-01-2013 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # 1-11114ANRRI League of MN Human Rights Coln 41241 01/10/2013 100.00 000 01/1712013 2013 Dues No 0000 101-410-1320-14330 Dues & Subscriptions 41244 Fotal: 100.00 HUMANR1G Total: 100.00 Report Total: 100.00 Al' - lo Ue Paid Proof List (01117113 - 1:00 PR-1) Page 1 Accounts Payable Computer Check Proof List User: Man z Primed: 01/31.,2013 - Ilk)? AN1 Invoice No 1)escripti1)u Vendor:1' ROVANTA Provantage 65951( Tablet & Accessories for Engine 2 Check Total: Total for Check Run: Total Number of Checks: Amount Payment 1)ate /keel Number Iteference Check Sequence: I ACI-1 Enabled: No 2,970,67 01(31f2013 101-420-2220-42400 2.970,67 2,970. /7 AP - Computer Cheek Proof I .isl (01/31i20 I 3 - 1(:22 AM) Page 1 Accounts Payable 'Fo Be Paid Proof' List I Iser:joan ['lilac& 01?-31201.1 - I 0: I AM 13a1cli: 015-01-2013 lovoice # InN- Dale Amount Quantity hat Date 1)escription Reference PROVANTA Provam age 6595063 01131/2013 101-420-2220-42410 Small Tools & Equipment 6595063 "Fotal: PROVANTA ToIal: Report Total: 2,970.67 2,970,67 2,970.67 2,970.67 0,00 01 /31/2013 Tablet & Accessories Engine Task Type PO it Close POLine # No 0000 Al - To He Paid Proof Eist l I - 10:16 AM) Rag c 1 Accounts Payable To Be Paid Proof List User: join Printed: (11/312013 - 10:09 AM Batch: 014-01-201.3 In% +rice /4 Inv Date Amount Quantity Pitit Date Description Reference Task Type PO It Close POLine # PIWVANTA Provantage 5765274 01i3112012 3,106.75 0,00 01/3172013 Tablet and accessories for CV2 No 0000 101-4 )11--yr)(1-42400 Small Tools & Equipment 5765274 Total: 3,106.75 PRO VA NTA Total: 3.1(.16,75 Report Total: 3,106.75 AI - '1.o 13c Paid Proof List (0 - 10:09 AM 1 Page 1 MAYOR AND COUNCIL COMMUNICATION DATE: 2/05/2013 CONSENT ITEM #: 4 MOTION Consent Agenda AGENDA ITEM: Approve EMWREP Agreement SUBMITTED BY: Alyssa MacLeod, Taxpayer Relations and Communications Coordinator REVIEWED BY: Dean Zuleger. City Administrator Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REQUESTED: As part of the Consent Agenda, the City Council is requested to consider approval of agreement between Washington Conservation District and Members of the 2013-2015 East Metro Water Resource Education Program. STAFF REPORT: The City of Lake Elmo joined the East Metro Water Resource Education Program in 2007 and continued participation in 2009. Members of the program include Washington County, several watershed organizations and a number of cities partially or wholly within Washington County, These entities have partnered in an effort to collaborate in efficiently and effectively educating the citizens of the Twin Cities east metro area about water resource. storm water, and groundwater management in order to improve water quality. These educational services are a requirement of the National Pollutant Discharge Elimination System / State Disposal System (NPDES/SDS) General Permit administered by the Minnesota Pollution Control Agency (MPCA). Continued membership in the program will provide for the continued delivery of the following types of educational services: Coordinate and implement East Metro Water Resource Education Program including presentations, workshops, in -field training, demonstration projects, and published materials; maintain web -based educational material, prepare annual education report (which meets MS4 requirements). These efforts are coordinated with "watershed partners" in an effort to minimize overlap and maximize effectiveness in educating the public. BUDGET IMPACT: The annual contribution amount for the City of Lake Elmo is $2,225 (Partner contributions will be reviewed and adjusted on an annual basis. as needed). The annual contribution for 2012 was $2,217. RECOMMENDATION: It is recommended that the City Council approve the agreement between Washington Conservation District and Members of the 2013-2015 East Metro Water Resource Education Program. No specific motion is needed as this is recommended to be part of the overall approval of the Consent Agenda. ATTACHMENTS: . 2013-2015 agreement between Washington Conservation District and Members of the East Metro Water Resource Education Program. Contract Number 13-EMWREP AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE 2013-2015 EAST METRO WATER RESOURCE EDUCATION PROGRAM A. PARTIES This Agreement is made and entered into by Washington Conservation District, hereinafter referred to as HOST, and members of the East Metro Water Resource Education Program, hereinafter referred to individually as a PARTNER. A PARTNER is defined as an entity that executes this agreement, and this Agreement provides for the withdrawal or addition of PARTNERS to the East Metro Water Resource Education Program. Eligible PARTNERS include watershed organizations and municipalities partially or wholly within Washington County, B. PURPOSE WHEREAS, the PARTNER and the HOST have a common objective of educating the citizens of the Twin Cities east metro area about water resource, storniwater, and groundwater management in order to improve water quality; and WHEREAS. the PARTNER has identified a need for education assistance; and WHEREAS, 9 watershed organizations in Washington County have education components in their respective watershed management plans; and WHEREAS, 23 communities, including multiple watersheds and the County, in Washington County are required to obtain a Municipal Separate Stonn Sewer System (MS4) Permit from the Minnesota Pollution Control Agency (MPCA), which requires nonpoint source pollution education; and WHEREAS, the PARTNER agrees it is in its best interest to define its respective responsibilities and obligations: and WHEREAS, the PARTNER agrees thai collaborative efforts are needed to more effectively and efficiently deliver water resource education and meet MS4 permit education requirements; and WHEREAS, the PARTNER requests assistance from the HOST to implement the policies specified in MINN. STAT. § 103A.206: and WHEREAS, the HOST is authorized to enter agreements to provide such assistance pursuant to MINN. STAT. §t 103C.331, SUBD. 3 and 7. NOW, THEREFORE, the PARTNER agrees as follows: C. TERM OF CONTRACT The term of this agreement shall be from January 1, 2013 to December 31. 2015 unless extended or terminated earlier as provided herein. MEMBERSHIP STRUCTURE In accordance to the program goals of collaboration and partnership, entities may become a PARTNER by signing the Signature Page at. the end of this Agreement. A new PARTNER shall apply to the HOST and sign a separate contract and its signature page shall be attached to the original document. The HOST will coordinate with each PARTNER, update the project budget, and distribute it to each PARTNER. 2013-201.5 Shared Water Resource Education Program Agreement Each PARTNER will assign a member to the Steering Committee of the East Metro Water Resource Education Program. This Committee will assist the Shared Water Resource Educator and HOST to prepare the Annual Workplan, Annual Budget, and Annual Report. A Membership Sununary will be included in the Annual Report prepared by the HOST. E. SCOPE OF SERVICES The HOST will perform for the PARTNER the services and furnish and deliver work products generally: described in Exhibit A, attached and made part of this agreement. Services for a specific PARTNER will he defined in the Annual Workplan developed as described in Exhibit A. PARTNER -specific services will constitute approximately 15% of the total Annual Workplan. Eighty-five (85) percent of the total Annual Workplan will be committed to shared, multi -jurisdictional benefit educational activities. F. COST In full consideration for services under this agreement, the PARTNER shall provide its portion of the annual costs to the HOST in accordance with the executed Signature Page at the end of this Agreement. The total annual budget for the program is as shown in Exhibit B with contributions outlined in Paragraph G. If all PARTNER contributions total less than the Total Budget, educational material expenses not otherwise paid for will not be incurred. PARTNER's annual contribution may be increased from the amount stated in the Signature Page at tbe end of the Agreement only with approval of PARTNER's governing body. In the case that overall contributions of funding from all of the PARTNERS exceeds the budget in Exhibit B by less than 20%, the excess contributions will be used to fund additional educational materials or support staff Once the revised overall funding contribution from all of the PARTNERS exceeds the budget in Exhibit B by 20%, the PARTNERS have the option of having their proportional amount of the excess budget refunded or can direct the funds to he used for EMWREP activities. G. FUNDING STRUCTURE Each PARTNER is suggested to contribute annually in accordance with the following unding structure: County: $11,000/year Small Watershed Districts (Taxable Market Value < $1 Billion): $11,000/year Medium Watershed Districts (TMV $1-5 Billion): $16,750/year Large Watershed Districts (TMV >$5 Billion): $22.000/year Watershed Management Organizations: $5,500/year Large MS4 Cities: $2,225/year (Population > 5,000) Small MS4 Cities: $560/year (Population < 5,000) In -kind matches from existing educational staff from within partner organizations are also encouraged. The WCD shall provide $11,000 of in -kind match to the program per year. As shown in Exhibit B. PARTNER contributions will be reviewed and adjusted on an annual basis, as needed. H. PAYMENTS 1. The services in Exhibit A provided by the HOST will be billed in accordance to Exhibit B. Invoices will be sent on a quarterly basis and will sun-unarize the work performed. Invoices are payable within 60 days. Office supplies, in-house reproduction expenses, and transportation are included in the overhead noted above. Out source reproduction, special bulk mailings and other direct costs beyond the actual current budget as established in accordance with the Annual Workplan (the combined 201 3-201 5 Shared Water Resource Education Prograrn Agreement contributions of each PARTNER) noted in Paragraph F are to be reimbursed at actual cost with prior approval from the PARTNERs. I. EQUAL EMPLOYMENT OPPORTUNITY- CIVIL RIGHTS During the performance of this Agreement, the HOST agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in. be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity under the provisions of and all applicable federal and state laws against discrimination including the Civil Rights Act of 1964. J. STANDARDS The HOST shall comply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for cancellation of this contract effective the date of receipt of the Notice of Cancellation. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the HOST's performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The HOST agrees to abide by these statutes, rules and regulations and as they may be amended. L. AUDITS, REPORTS, AND MONITORING PROCEDURES The HOST will: 1. Maintain records that reflect all revenues, cost incurred and services provided in the performance of the Agreement. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the HOST which are relevant to the contract. The annual audit conducted for the Washington Conservation District that includes EMWREP activities. INDEMNITY No party to this Agreement agrees to he responsible for the acts or omissions of another, its agents, officials. contractors or employees within the meaning of Minnesota Statutes section 471.59, subdivision la. Each PARTNER and HOST will hold harmless, defend and indemnify all other parties to this Agreement, their officers, board members, employees and agents for any and all damage, liability, cost or claim (including reasonable attorneys' fees) to the extent it is the result of its negligent act or of another action or inaction that is the basis for its liability in law or equity. The PARTNER agrees to provide proof of contractual liability insurance upon request. This paragraph does not constitute a waiver or otherwise diminish„ any statutory or common law defense, immunity or limit on liability any PARTNER or HOST may enjoy as against any third party. 2013-2015 Shared Water Resource Education Program Agreement N. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-parmers between the parties hereto or as constituting the HOST as the agent, representative, or employee of PARTNER organization for any purpose or in any manner whatsoever. The HOST is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The HOST represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the HOST or other person, while engaged in the performance of any work or services required by the HOST under this Agreement. shall have no contractual relationship with the PARTNER and shall not be considered employees of the PARTNER, O. MODIFICATIONS Any material alteration or variation shall be reduced to writing as an amendment and signed by the parties. Any alteration, modification, or variation deemed not to be material by written agreement of the HOST and the PARTNER shall not require written approval. Contract extensions will he handled as a material alteration. P. MERGER It is understood and agreed that the entire agreement of the parties is contained here, except as modified during the term of the Agreement by a writing under Paragraph 0 above concerning a non -material change, and that this contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All items referred to in this contract are incorporated or attached and deemed to be part of the contract. Q. TERMINATION This Agreement will commence when executed by HOST and all PARTNERS and will continue until terminated. The Agreement will commence with respect to each additional PARTNER on that PARTNER'S execution of a signature page acceding to the terms of the Agreement. This Agreement will terminate immediately upon completion of the activities enumerated herein and the program duration expires. Any party to this Agreement may withdraw participation on an agreement -year basis with 60 days written notice to HOST prior to the annual anniversary date of the Agreement, with the actual termination date falling on the anniversary date. Pro -rated contributions will be returned to the terminated or terminating PARTNER. The HOST will promptly notify all PARTNERS of any PARTNER's termination. Termination by any one PARTNER will not constitute the termination of this Agreement. If HOST determines that PARTNER termination has resulted in inadequate funds to deliver the work products generally described in Exhibit A, the HOST will terminate the Agreement effective the anniversary date unless adequate funds can be procured. Termination by the HOST will constitute termination of this Agreement in whole and pro -rated contributions will be returned to each PARTNER. R. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY' All property of the HOST or a PARTNER used, acquired or created in the performance of work under this Agreement, including documents and records of any kind, shall remain the property of the HOST and the PARTNER providing the property, The HOST and PARTNERS shall jointly own and each party has the individual right to use, sell, license, publish, or otherwise disseminate any product developed in whole or in part during the performance of work under this Agreement. Durable goods purchased by the 'HOST, such as office equipment and computers, shall remain the property of the HOST, 2013-2015 Shared Water Resource Education Program Agreement CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE EAST METRO WATER RESOURCE EDUCATION PROGRAM HOST: Washington Conservation District PARTNER: City of Lake Elmo Annual Contribution Amount: $2,225 Contract start date: January 1, 2013 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. APPROVED: PARTNER BY: HOST BY: Title BY: BY: Title Approval as to form and execution: Date Board Chair Date WCD Manager Date 201 3-201 5 Shared Water Resource Education Program Agreement EXHIBIT A SCOPE OF SERVICES EAST METRO WATER RESOURCE EDUCATION PROGRAM HOST responsibilities: 1. Hire, employ and supervise the Water Resource Educator/s that will successfully serve the education needs as prescribed herein. 2. Obtain financial reimbursement from each PARTNER as prescribed in this agreement. 3. Work in good faith to achieve the goals identified in this agreement. 4. Maintain a strict accounting of all financial transactions. 5. Develop and disseminate annual summaries of accomplishments and budgetary analysis to partners of the East Metro Water Resource Education Program. 6. Provide office space, office furniture, computer, transportation, and phone. Equipment purchased by the HOST will remain the property of the HOST following the term of this agreement. PARTNER responsibilities: 1. Provide a single representative to the Steering Committee of the East Metro Water Resource Education Program. This person shall actively participate in the Steering Committee and assist in employee selection, Annual Workplan Development, and other tasks as needed. 2. Provide funds for the East Metro Water Resource Education Program described herein. 3. Provide appropriate and timely feedback to the HOST manager regarding the performance of the Water Resource Educator/s. 4. Share equipment, staff, and educational resources to facilitate Education Program planning and implementation. 5. As initiated by the HOST, discuss the progress of the Water Resource Educator/s and agree to take any action that is appropriate to ensure the successful fulfillment of project objectives. 6. Work with the Water Resource Educator/s to ensure that services are being used to address high priorities at the local level. Water Resource Educator/s responsibilities: 1. Prepare, coordinate, and revise East Metro Water Resource Education Program Plan annually with the Steering Committee of the East Metro Water Resource Education Program. 2. Review and advise watershed district PARTNERS annually on educational aspects of their watershed district plans. 3. Develop annual plan of work with the Steering Committee of the East Metro Water Resource Education Program. Workplan will reference Washington County MS4 education programs and watershed district PARTNERS education plans. 4. Implement annual work plan, including planning, implementing, evaluating, and reporting on such anticipated activities as presentations, workshops, in -field training, demonstration projects, and published materials. 5. Pursue grants and other funding sources to enhance the East Metro Water Resource Education Program. 6. Coordinate with "Watershed Partners" and other entities conducting water resource education efforts to minimize overlap and maximize effectiveness. 7. Maintain educational information for web -based East Metro Water Resource Education Program. 8. Presents papers as appropriate at professional meetings within Minnesota. 9. Prepare annual education report (which meets MS4 requirements) and conduct shared MS4 annual meetings for participating East Metro Water Resource Education Program members 2013-2015 Shared Water Resource Education Program Agreement EXHIBIT B BUDGET Shared Water Resource Education Program - Washington Conservation District Annual Budget Staff Support Materials Total (2650 hours/year) S119,780 $6,000 $125,780 MEMBERSHIP STRUCTURE AND FUNDING CONTRIBUTIONS* * PARTNER contributions will be reviewed and adjusted on an annual basis, as needed and in accordance with the terms of the Agreement. PARTNER SWWD VBWD BCWD CLFLWD CMSCWD RWMWD RCWD Washington County MSCWMO Cottage Grove Forest Lake Lake Elmo Stillwater Dellwood Willernie West Lakeland Twp Woodbury Annual Contribution $22.000 5116,750 $16,750 $16,750 $11,000 $11,000 .$2,225 $11.000 $5,500 $2.225 512,225 $2.225 52.225 5560 $560 5560 $2225 $125,780.00 2013-2015 Shared Water Resource Education Proaam Agreement THE CITY OF i -AKE ELM() MAYOR AND COUNCIL COMMUNICATION DATE: 2/05/2013 CONSENT ITEM #: 5 MOTION AGENDA ITEM: Water Supply Well No. 4 — Authorize Preparation of Plans and Specifications SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Mike Bouthilet, Public Works Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider authorizing the preparation of plans and specifications for the construction of the Production Well No. 4. STAFF REPORT: Construction of Water Supply Well No. 4 is needed to supplement the supply capacity of the city's municipal water system in order to satisfy peak summer demands and support further expansion of the water system customer base from new growth and development. The need for Well No. 4 is documented in the City's 2030 Comprehensive Water System Plan and has been programmed in the DRAFT 2013-2017 Water Infrastructure Capital improvement Program. Its construction will be required before additional subdivisions or major water users are added to the system. Construction of Water Supply Well No. 4 will allow the City to be responsive to development opportunities. It also provides existing water customers with adequate backup supply should issues arise with existing municipal wells. Test Well No. 4 was completed in February of 2012 to confirm adequate production capacity and water quality for the proposed well site near 50th Street N and Lake Elmo Avenue. Upon the successfiil completion of Test well No. 4, a 1.38 Acre Site was purchased at 11250 50th Street North to locate the new Well and Pumphouse. The site includes a shared driveway with the property located directly north and contains adequate space to provide setback distances in accordance with the well criteria established by the Minnesota Department of Health. To continue with the implementation of Water Supply Well No. 4, the preparation of plans and specifications for the Production Well will need to be authorized by the City Council. Production Well No. 4 will be designed and constructed as a Jordan Formation well with the following als: A Production Well that produces a water supply meeting all primary safe drinking water standards, including safe standards for perflourochemicals (PFCs). A Production Well that produces a high quality drinking water that will not require secondary treatment facilities such as clarification and filtration. 3. A High Capacity Production Well in excess of 1,000 gallons per minute (gpm). Following completion of Production Well No. 4, or near its completion, it is anticipated that a staff will recommend that the City Council authorize the preparation of plans and specifications for the construction of Pump House No. 4 to he constructed under a separate contract. A third contract will be commissioned for a new 12-inch diameter trunk connecting watermain from the well location to connect with the existing watennain near the intersection of Lake Elmo Avenue and 43rd Street N. FUNDING: Project costs for the Design and Construction of Production Well No. 4, Pump House No. 4 and the Lake Elmo Avenue Connecting Trunk Watermain are all incorporated into the City's S1.0 Million DEED Water System Grant Agreement. It is a requirement of the DEED Grant that the City provide a match of $1.0 Million, anticipated to be funded through bond proceeds. Combined with the Keats Trunk Watennain Extension, the City will be constructing almost $2.6 million in water infrastructure projects. The state's obligation to fund the DEED Grant shall terminate if the entire Grant has not been disbursed by December 31, 2014. RECOMMENDATION: Staff is recommending the City Council authorize preparation of plans and specifications for Production Well No. 4 in accordance with the DRAFT 2013-2017 Water Infrastructure Capital Improvement Program. ATTACHMENTS: 1. DRAFT 2013-2017 Water infrastructure Capital Improvement Program 2. Project Schedule 3. Preliminary Site Plan CITY OF LAKE ELMO 2013 - 2017 CAPITAL IMPROVEMENT PLAN DRINKING WATER SYSTEM IMPROVEMENTS IMPROVEMENT PROJECT 2013 21114 2015 2016 2017 FUTURE TOTAL Water Supply Well N. 4 and SO00„000 Pumphouse Nn, 4 Well No. 4 Connecting Trunk $6110..000 Waterman] heats ,Aventic 'Fronk Watermain 1.050.000 InWood Ave Trunk Watermain S2.210,000 and Booster Station 1Booster Station to I ilth Si NI Inwood Avenue Trunk Watermain $780,000 110th Si N - Eagle Pt] Western I g4 Corridor Ilmkood to Keats f Segment 5 12" Trunk Watermain Parks v Trunk. Phase 1 [Development driven] Village Parkway Trunk, Phase 2 39th Street Trunk [Development drivenI Old Village Trunk Waterman] Replacement along Lake Elmo Avenue from 30th St to TI-15 Trunk Waterman] along Lake Limo A venu: from 30th Si to Hudson Blvd Elevated Tank No I A rr 9,500 Total Water Population/ Well No, 5 9..700 Total Water Population) WATER SYSTEM Totals S400,000 S900.000 I ,600,000 $400,00o 52775000 $600 ono S5,540,000 5400,000 52,500,000 S3.175.000 S600,1100 Potential Outside. Funding 8ours S 1,000,0011 S260.000 DEED Grant Developer SO 5260.000 5390.000 Cur Oversize (i(r Oversize S900,000 S900,000 S6011,000 51.950,001) S2,210,000 S780,1100 S400.1100 S4110,000 S600.1100 5900.000 S2,775,000 $'1,6110.000 NA N,A S12,215.1100 W, Ti]1]. SVSTI,11\ 1 CH, AIR] I. 1ST 2012 LAKE EL) c, niINnzsor.\ ��|��T�x��D� � PROJECT / SCHEDULE WELL �0�� PRODUCTION / /��/a w� �—�-�- n��. ^r PROJECT NO. 2013.125 ENGINEERING, inc. Cara Gehepsn,p.s. Jack Griffin, P.E. Ryan Stempski, P.E. Chad Isahson'P.[. February S,ZOl3 Council authorizes the Preparation ofplans and specifications. February 11, 2013 Project kickoff meeting. 651.300.4I61 651.300.4264 651.300.4267 651.300.4283 April Z,IUl3 Approve Plans and Specifications and Authorize Advertisement for Contractor Bids. (estimated 8 weeks) K4ay2, 2013 Accept Contractor Bids May 7,2Ol] Contract Award. May 1O,2O13 Process and send out Contract Documents. K4ay34, 20I3 Receipt ofContractor's Bonds / Legal Review. May Z8,2Ol3 Conduct Pre -construction Meeting and Issue Notice toProceed. October lI,2O13 Production Well Contractor Work is substantially complete (estimated 19 weeks). October ]S,2D13 Final Completion Date. Record As-builts; Testing Results; and Close-out Documents. 11 CITY 01,7 K E ELM() MAYOR AND COUNCIL COMMUNICATION DATE: 2/05/2013 CONSENT ITEM #: 6 MOTION AGENDA ITEM: Production Well No. 4 — Award Production Well Engineering Contract SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Mike Bouthilet, Public Works Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving Task Order No. 2 for Advanced Engineering and Environmental Services, Inc. (A.E2S) to perform design and construction engineering services for Production Well No. 4 in an estimated not to exceed amount of S28,500. STAFF REPORT: The City Engineer is recommending that the City retain the Professional Services of AE2S for the design and construction engineering services for the new Production Well No. 4. AE2S is one of several firms in the City's Consultant Pool for Engineering Support Services, specifically in the area of Water System expertise. The City Engineer has reviewed the scope of services and associated fees to ensure that the costs are reasonable while maintaining a level of service necessary for a quality project. RECOMMENDATION: Staff is recommending approval of Task Order No. 2 for AE2S to provide design and construction engineering services for Production Well No. 4 for an estimated not to exceed amount of S28,500. ATTACHMENTS: I. Advanced Engineering and Environmental Services — Task Order No. 2 ��&��U�� ""��"r~ �*.°~="-.~ CITY OpLAKE [UNO,Kx|NmESOTA—ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, INC. PROFESSIONAL ENGINEERING SERVICES AGREEMENT In accordance with ARTICLE 1 of the Master AGREEMENT between the City of Lake Elmo ("CITY") and Advanced Engineering and Environmental Services, Inc. ("ENGINEER"), dated August 14, 2012 ("AGREEMENT"), the ENGINEER agrees to provide Professional Engineering Support Services as PRODUCTION WELL NO. 4 PROJECT OVERVIEW: The Project includes Design and Construction Phase Engineering Services for the Production Well No. 4 improvements. The City of Lake Elmo is constructing a new water supply well to meet the growing water supply demands from the community and to provide redundancy. Test Well No. 4 was completed in February Vf2O1Z to confirm adequate production capacity and water quality for the proposed well site near SOth Street N and Lake Elmo Avenue. Upon the successful completion of Test well No. 4, a 1.38 Acre Site was purchased at 11250 50th Street North to locate the new Well and Pumphouse. The site includes shared driveway with the property located directly north and contains adequate space to provide setback distances in accordance with the well criteria established by the Minnesota Department ofHealth. Following completion of Production Well No. 4` or near its completion, it is anticipated that a Well House will be designed and constructed under separate contract. A third contract will be commissioned fora new lIinch diameter trunk connecting vxatern1ain from the well location to connect with the existing watermain near the intersection of Lake Elmo Avenue and 43rd Street N. Production Well No. 4 will be designed and constructed as a Jordan Formation well with the following l. Production Well that produces a high quality drinking water meeting all State safe water quality drinking standards, including safe standards for perflourochernicals (PFCs). Z. Production Well that produces a high quality drinking water that will not require secondary treatment such as filtration (acceptable concentration levels of iron and manganese) 3. High Capacity Production Well in excess of 1,000 gpm. To determine the water quality and capacity concerns, Test Well No. 4was completed in February of 2012 and a report of the results was prepared by SEH, Inc. The specific information collected from the test well isasfollows: l. Depth from surface to bottom of sand and gravel (top of Prairie du Chein Group) is 79 feet. 2. Depth from surface to bottom of Prairie du Chein Group (top of Jordan Formation) is 190 feet. 3. Depth from surface tobottom ofJordan Formation (top of St.LavvrcnceFormation) isIQ2feet. TASK ORDER No. 2 — PRODUCTION WELL NO. 4 Page 1 of 5 4� Initial static water level in test well was 41feet. S, 6'inchsteel casing was installed tV21Ofeet. 6. Available draxvdovvnestimated tobel65feet. 7� Pumping water level at 300gprn was estimated to reach equilibrium at 60feet resulting in 19 feet ofdravv6Vm/n. 8. Specific capacity estimated to be approximately 15 Xpnn per foot of d,avvdovvn. 9. Iron: O363nno/|(Secondary M[LO3OrnQ/U. lO. Turbidity: 4.9 NTU (M[LO3 NTU). 11.PF[s: Results are all below recommended HRLs and do not appear to be present in the proposed location. SERVICES TO BE PROVIDED BY ENGINEER: Advanced Engineering and Environmental Services, Inc. /AEZS\ shall provide the following Professional Engineering Services: Design Phase Services l. Attend a project kick-off meeting with City staff. Z. Provide assistance in obtaining a Conditional Use Permit from the City of Lake Elmo, Minnesota, if required. 3. Meet at the well site with Minnesota Department of Health (MDH) personnel for preliminary approval ofwell set -back distances. 4. Prepare a preliminary set of drawings that include General, and Civi|. Drawings will be sufficiently detailed to understand project, but will lack details required of construction. S. Prepare a preliminary list of specifications that cover the project. Specification format will meet the approval of the City of Lake Elmo and will include Lake Elmo standard general conditions and contract forms. 6. Prepare preliminary opinion ofprobable construction cost. 7. Review preliminary documents with City personnel at a preliminary design progress meeting and make changes asrequired. 8. Prepare final construction drawings and specifications based upon final/modified preliminary design documents. Final set ofdrawings and specifications shall include General and Civil drawings. 9. Prepare preliminary wellhead protection area delineation for the new well. 10. Prepare Part 1 and Part Z of the wellhead protection plan for the new vve|i 11. Update the preliminary opinion of probable cost to reflect any modifications made during final design. 12� Review final construction documents with City personnel at a final design progress meeting and make changes asrequired. 13, Submit two (2) copies of the final bidding documents, and wellhead protection information to the Minnesota Department ofHealth /K3DH\for review. Respond toquestions and comments from the K4DHand receive approval for the drawings and specifications. 14. Submit four (5) copies of the final bidding documents to the City Engineer and one copy in electronic format /PDF\. I5.Assist City inconsultations with governmental agencies. 16. Print construction drawings and specifications (Bidding Docunnents). TASK ORDER No. 2 — PRODUCTION WELL NO. 4 Page 2 of 5 17. Distribute Bidding Documents to prospective bidders. 18. Maintain p|anho|deo list. 19. Respond to bidder questions. Z0.Issue addenda tobidding documents, ifrequired. 21. Attend bid opening, and prepare bid tabulation sheets. 22. Evaluate bids and prepare contract award recommendation letter. Construction Phase Services 1. Organize, coordinate, and jointly lead pre -construction conference and regular monthly progress meetings during construction. Provide and distribute meeting minutes. I. Assist the City in procuring testing services as defined in the Contract Documents. 3. Provide one time construction staking for the well. 4. Review Contractor submittals (shop drawings) for products and equipment. S. Issue contract document clarifications asrequired. 6. Process contract change order requests, ifrequired. 7. Review contractor -submitted construction progress schedules. 8. Process contractor pay requests. 9. Provide periodic construction observation by design team members during construction of the well and during test pumping operations. 10, Provide Substantial Completion inspection and punch list for Contractor and issue Certificate ofSubstantial Completion when appropriate. 11. Provide Final Completion inspection for Contractor and issue Certificate of Final Completion when appropriate. 12. Review final submittal from Contractor with respect to conformance with the contract documents. 13. Process final pay requests and project close-outs. 14. Provide record drawings based upon Contractor's mark-up and field observation. CITIES RESPONSIBILITIES: The City (or its Consultant) will provide the following: I. Coordination with the public and presentat\on(s)tothe City Council. 2. Provide as -built drawings for existing utilities and topography at proposed well site. 3. Provide necessary easements and easement information, ifrequired. 4. Provide interface and authorization from state agencies, such as the Department ofNatural Resources (DNR), Department of Health (&4DH), Valley Branch Watershed District (V8VVD), and Minnesota Pollution Control Agency (MP[A) with respect tothe ability to construct and operate the proposed wells inthe proposed locations. S. Provide answers to specific project questions, provide requested information and make decisions regarding project directionduringthecourseoftheproject. 6. Provide review, comments, and approval of preliminary and final design document submittals. 7. Pay all permit and plan review fees for agencies as required for review and approval of Project components. O. Pay all costs associated with Advertisement for Construction Bids. 9. Attend bid opening. TASK ORDER No. 2 — PRODUCTION WELL NO. 4 Page 3 of 5 10. Attend pre -construction conference and construction progress meetings. ll. Procure necessary testing services as defined by Contract Documents and bare cost associated with required testing. TIMES FOR RENDERING SERVICES: ENGINEER shall perform its services and provide deliverables in accordance with the following schedule: Preliminary Design: February 2Q,2O13 Final Design: March 26,IOl3 Authorize Advertisements for Bids: April Z,ZUl5 Contract Award: May 7'IOl3 Substantial Completion: October ll,2Ol3 Final Completion: October Z5,ZOl3 Note thotthe project schedule isdependent ontimely receipt ofinformation nequired/rom the City. [|TY'S REPRESENTATIVE AND CONTRACT ADMINISTRATION: The [Dl's representative with respect to services rendered by ENGINEER under this TASK ORDER shall be the City Engineer. Project correspondence must be addressed to: Jack Griffin, P.E, City Engineer City ofLake Elmo 3QOQLaverne Avenue North Lake Elmo, MNSSU42 651.300.4I64 COMPENSATION: Compensation to ENGINEER shall be on an hourly rate basis using the hourly billing rates provided in the ENG|NEER's Proposal for the work, in a not to exceed amount of $28,500. An outline ofthe primary scope items isprovided inthe following table: 1. Design Phase Services 2. Construction Phase Services Payment for Services shall be in accordance with ARTICLE 3.2 of the Master AGREEMENT. Invoices should besent tothe attention ufthe City Engineer. TASK ORDER ASSUMPTIONS: The tasks and estimated fees presented in this proposal are based upon the following assumptions: l. Work will becompleted within the [itvsproperty, right-of+may,ornneasernentsprnvdedbv the City. 2. This proposal does not include amending the City's Water Appropriation Permit. TASK ORDER No. 2 — PRODUCTION WELL NO. 4 Page 4 of 5 3. Periodic field construction observation by project design team members for construction of the Production Well No. 4 assumes periodic site visits of not more than 30 hours total. APPROVAL AND ACCEPTANCE: Approval and Acceptance of this Task Order, including the attachment(s) listed above, shall incorporate this document as part of the AGREEMENT. ENGINEER is authorized to begin performance of services upon receipt of a copy of this Task Order signed by CITY. The Effective Date of this Task Order is FEBRUARY 5, 2013, ADVANCED ENGINEERING AND CITY [)FLAKE EUN[lyW|NNESOTA ENVIRONMENTAL SERVICES, INC. By By (Authorized Principal of the Firm) City Administrator TASK ORDER No. 2 — PRODUCTION WELL NO. 4 Page 5 of 5 LkKE MAYOR & COUNCIL COMMUNICATION DATE: 2/05/2013 CONSENT ITEM #: 7 MOTION AGENDA ITEM: Creation of Administrative Committees / Finance, Human Resources SUBMITTED BY: Dean Zuleger, City Administrator THROUGH: Mayor Mike Pearson REVIEWED BY: Dean Zuleger, CityAdministrator SUMMARY AND ACTION REOUESTED: To further improve the operations of the City of Lake Elmo government, the City Council will create two administrative committees under the general provisions of the Lake Elmo Code of Ordinances. The Finance Committee will serve as a regular audit committee of the City Council. The Human Resources Committee will serve as the personnel policy and staffing committee of the City of Council. The creation of both Committees are also part of the previously adopted 2013 Plan of Work. BACKGROUND INFORMATION: Most statutory cities in Minnesota are organized with a committee structure that encompasses six main areas: Finance, Public Works, Public Safety, Human Resources, Parks and Land Use (aka Planning Commission). For the most part, the Lake Elmo City Council has taken in upon itself to act as a Committee of the Whole in the area of Finance. Public Works, Public Safety and Parks — often using regular Council Meetings to accomplish the work of traditional municipal committees. This type of oversight has led to longer meetings, and perhaps, cursory reviews of critical issues in each of these four disciplines. As a result, key areas such as the adoption of Government Accounting Standard Board principles, including the construction of a Comprehensive Audit and Financial Report (CAFR), which are industry standards, have not been completed. In addition, until recently a thorough examination of human resource policies have not taken place. This has led Council to rely on a limited staff resource and expertise to make decisions in this area. STAFF' REPORT: With the City of Lake Elmo poised to embark on a period of mandated growth, it is paramount that its financial procedures and staffing be aligned properly. It is the stabs opinion that two administrative committees he established to oversee these two important functions. The Finance Committee, with membership of (2) Council Members, and (3) members ofthe community with financial experience (preferably accountants), will function as a monthly audit committee and help develop financial policies as the City entertains the cost of growth. The Finance Committee will he staffed by the Finance Director. The Human Resources Committee, with membership of (2) Council Members, and (3) members of the community with personnel experience. will function as the staffing resources and personnel policy overseers of the City. -- page 1 -- City Council Meeting [Consent Agenda ltein 7 February 51t 701"1 The Human Resources Committee will be staffed by the Administrator. Community members of each committee will be appointed by the Mayor with Council approval. Both committees will function in an ad hoc role FY 2013 and if successful will be added as a standing committee in the City Code of Ordinances in FY 2014. At the January 151h, 2013 City Council Meeting, the establishment of both administrative committees were approved by a unanimous vote. Included in the approval was the provision that the Administrator would draft Committee Guidelines to be presented to the City Council at the February 511', 2013. The City Administrator reviewed the operations of five surrounding communities (Woodbury, Oakdale, Eagan, Roseville and Hastings) and constructed guidelines that met standard operating procedures of MN municipalities and had practical utility for the current stage of the City of Lake Elmo government. The guidelines are presented as attachments to this memo. RECOMMENDATION: Based on the aforementioned information, the City Staff recommends the following action: M/S/P: To adopt staff proposed guidelines for the Lake Elmo Finance Committee and the Lake Elmo Personnel Committee. SUGGESTED ORDER OF BUSINESS: Introduction of Item ...... ..... ........... City Administrator Report/Presentation......... ............ ...........................City Administrator 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 ATTACHMENTS: 1. city of Lake Elmo Finance Committee Guidelines 2. City of Lake Elmo Personnel Committee Guidelines -- page 2 -- Finance Committee Operating Policies & Procedures Scope &Purpose: Toaid the City Council inthe administration uffinancial operations mfthe City of Lake Elmo through the regular audit of financial statements, creation & maintenance of relevant/com pliant financial policy; and the development of the annual operating budget. Committee Duties: A. Insure the compliance with all Government Accounting Standard Board policies; B. |nconjunction xvithAdnnin}strator,DepartnnentHeods&theFinanceDirector,deve|opand present the annual budget first in temporary form for public hearing, and in final form for Council approval; C. Monitor expenditures, supervise collection of accounts, and audit tax dollars use for budget; D. Investigate and supervise the execution of all City borrowing including the review of offering statements, debt service payments and bond sales — including the selection of a financial advisor; E. Oversee the annual audit and development of the Comprehensive Annual Financial Report ([AFR); G. Review and recommend the establishment / renewal ofuser and Ucensefees—induding uti|ityfees; H. Coordinate supplemental revenue and grant funding with Department Heads, Finance Director and Administrator; i Review requests for non -budgeted oremergency expenditures and make recommendations tothe full City Council; J Review any proposed changes in the City's insurance coverage and risk management program; K. Oversee and advise onall investment and major fundtransfersofthe[ity; L. Make recommendations on the issuance and conditions of licenses and franchises; M. Supervise the cable television franchise and oversee negotiations relating to such franchise; N. Construct and design financial updates and reports to keep the public informed on the use oftax dollars, Meeting Schedule: The Finance Committee will meet the third Thursday ofevery month from 6:00- 7:30 PM, or as needed. Committee Composition: (Z)City Council Members (3) Lake Elmo Residents w/ a background in business of finance Submitted: February S,2D23 O{E(TF�(XF �r ��ELMO � �� Personnel Committee Operating Policies & Procedures Scope &&Purpose: To aid the City Council in the administration of personnel policies and staffing through productivity audits, human resource policies, Q' procedures, wage 8i rate administration, benefit review and disciplinary procedures. Committee Duties: A. |nconjunction vviththe[itvAdrninist,a1or,reconnrnendhunnonresourcepoUdes& procedures that are compliant with state & federal standards to the City Council for adoption; B. Maintain the City of Lake Elmo's Employee Handbook and make revisions when necessary; C. Monitor the general leave policy such as PTO, holidays, leave of absences, etc.; D. Consider and recommend departmental organization, reorganization and staffing levels needed tpprovide the basic service level prescribed bythe City Council; E. Periodically review job description and staffing load; F. Review any proposed changes to the health/dental, disability, and life insurance policies ofthe City ofLake Elmo; G. Review the City's contribution to PERA and other non -insurance related benefits offered toCity employees; H. Review, with the Administrator, the performance reviews of Department Heads. In addition, review performance criteria being used for relevancy and productivity; i. In conjunction with the Administrator, review and make recommendations regarding promotion, demotion, reassignment and termination of City employees. Review disciplinary matter toinsure compliance ofpolicies; Meeting Schedule: The Personnel Committee will meet every quarter (K4arch,June, September /& December mnthe second Thursday from 6-7:3OPK4oras needed. Committee Composition: /2\City Council Members (3) Lake Elmo Residents w/ a background in human resources Submitted: February 5, 2013 •1.1 ( )I-' K E ELM() MAYOR AND COUNCIL COMMUNICATION DATE: 2/05/2013 CONSENT ITEM #: 8 MOTION as part of the Consent Agenda AGENDA ITEM: Therapeutic Massage Licensing Code Amendments; Ordinance 08-067 SUBMITTED BY: Adam Bell, City Clerk THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Nick Johnson, City Planner SUMMARY AND ACTION REOUESTED: The current language regulating massage therapy in the City Code requires 500 hours of educational training. Staff is recon-u-nending that the City Council, as part of the Consent Agenda. amend the therapeutic massage portion of the City Code to allow those with specified equivalent qualifications to be eligible for licensure. BACKGROUND INFORMATION & STAFF REPORT: The City of Lake Elmo instituted a city license structure in December of 2012. The City notified those Lake Elmo businesses known at the time to be performing therapeutic massage of the new City licensing requirements. Despite the near universal support for city licensing. several business owners informed staff that the current requirements were difficult to comply with due to the changes in massage therapy education curriculum over the past few decades. There are several massage therapists currently practicing in Lake Elmo, who have done so for several years, but who did not receive the number of classroom hours that current massage program students receive. City Staff also discovered that there were several more businesses and individuals performing massage in Lake Elmo than Staff was previously aware of. Current City Code only allows a practitioner license to be issued after an applicant provides proof of 500 hours of therapeutic massage training. It was learned that many of those 500 hours are clinical hands-on training. Staff has contacted several of the local educational institutions who provide therapeutic massage training in the area to determine what the current certification/graduation requirements are. Minnesota currently has no State certification for massage. Most of the other states in the region do. City code currently does afford applicants until January 1, 2014 to obtain the 500 hours of training. However, it was also learned that the majority of the hours earned closer to 500 are hands-on practice. Current practitioners who have been performing massage for the past five years or longer would not benefit from additional hands-on practice or training. Staff then looked at several of the surrounding communities to identify how those communities handle this issue. It was discovered that those communities with a high number of classroom hour requirements, as does Lake Elmo. also allow for equivalency standards. Based upon this City Council Meeting Therapeutic Massage Licensing Code Amendments February 5'1', 2011 Consent Agenda Item # 8 new information and additional research, Staff believes that additional equivalency standards should he added to Lake Elmo's licensing structure. The following is a summary of the new language proposed by Ordinance 08-066 iegarding educational requirements: a) Proof of 500 hours of therapeutic massage training; or b) A diploma or certificate of graduation from a comprehensive massage therapy program from an accredited institution or program (an accredited institution or program are also defined in the new language); or c) Proof of passing a national certification exam; or d) Proof of 100 hours of therapeutic massage training and proof of having practiced massage therapy in the City of Lake Elmo for at least five years immediately preceding the application. This criterion is only allowed until January 1, 2014. Staff believes that these accommodations for current Lake Elmo businesses and therapists can be made while still effectively maintaining the high level of quality in the standards the City has set forth for licensing therapeutic massage. RECOMMENDATION: The Staff recommends approval of the proposed amendments to the therapeutic massage licensing chapter in the City Code to allow those with specified equivalent qualifications to he eligible for licensure by taking the following action: "Move to approve Ordinance 08-067, amending the educational criteria required - a city license or the practice of' therapeutic massage in the City of Lake Elmo." ATTACHMENTS: 1. Ordinance 08-067 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-067 AN ORDINANCE AMENDING THE THERAPEUTIC MASSAGE CHAPTER OF THE BUSINESS REGULATIONS TO REVISE THE EDUCATIONAL CRITERIA REQUIRED FOR A CITY LICENSE FOR THE PRACTICE OF THERAPEUTIC MASSAGE IN THE CITY OF LAKE ELMO SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XI: Business Regulations; Chapter 114: Therapeutic Massage, as follows: S114.015 DEFINITIONS As used in this chapter, the following words and terms shall have the meaning stated: ACCREDITED INSTITUTION. An educational institution currently holding accredited status from the North Central Association of Colleges and Schools (NCA) or another regional accrediting agency approved by the United States Department of Education or is ticensed or registered by the state agency having jurisdiction over the school. The accredited institution must also be in compliance with the National Certification Board for Therapeutic Massage and Bodywork or other nationally recognized certification licensing organizations. ACCREDITED PROGRAM. A professional massage program currently holding accredited status by the Commission on Massage Therapy Accreditation (COMTA), or a comparable national or regional organization which is approved by the United States Department of Education for its accrediting program for compliance with quality and competency standards through a process of periodic peer review and self -study. The accredited program must also be in compliance with the National Certification board for Therapeutic Massage and Bodywork or other nationally recognized certification licensing organization. S114.06 GENERAL LICENSE RESTRICTIONS. A. Educational Requirements. Persons applying for a license under this Chapter shall provide, in addition to the general application described later in this Chapter, 1. one of the following: a copy of a diploma cr certificate of graduation from a school approved by the state or local government agency having ef training tition r hours. Additionally, each vac i loner must be currentlycertified in the administration of a) Proof of successful completion of a minimum of 500 hours of therapeutic massage training/coursework that includes subjects of anatomy. Physiology, hygiene, ethics, massage theory and research, and massage practice from an accredited institution or program; or b) A diploma or certificate of graduation from a comprehensive massage therapy program consisting of the course work stated above in subclause a. issued to the applicant from an accredited institution or an accredited program; or Proof of passing the National Certification Exam offered by the National Certification Board for Therapeutic Massage and Bodywork or proof of passing the Federation of State Massage Therapy Boards (FSMTB) Massage and Bodywork Licensing Examination (MBLEx); or; d) Proof of having completed at least 100 hours of therapeutic massage training/course work that includes subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice from an accredited institution or Program , as defined in section 114.015, Definitions, of this chapter, and has practiced massage therapy in the City of Lake Elmo, for compensation for at least five years immediately preceding the date of the application. This form of eligibility will be accepted until January 1, 2014; and J Such other information as the city shall require; and 2. proof of current certification in the administration of Cardiopulmonary Resuscitation (CPR). This certification must remain valid at all times. SECTION 8. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 9. Adoption Date. This Ordinance 08-067 was adopted on this 5th day of February 2013, by a vote of Ayes and Nays. LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Al i EST: Adam Bell, City Clerk This Ordinance 08-066 was published on the day of , 2013. - AGENDA ITEM: Al4 FOR & COUNCIL COMMUNICATION DATE: CONSENT ITEM #: MOTION "? /51? 0 1 3 9 — Fiscal Impact SS Financial Planning Services Agreement II with Northland Securities for the purpose of analyzing water, sanitary sewer, and storm water systems in preparation of water main and sewer main extension projects. SUBMITTED BY: Dean Zuleger. City Administrator THROUGH: Mayor Pearson REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: Expend S3.000 paid to Northland Securities. Inc. to provide additional financial analysis (including debt service and cost recovery using water and sewer rates) affiliated with the extension of water main to and through the 1-94 corridor, and the construction of sewer mains through and the 1-94 corridor and north to and through the Old Village. BACKGROUND INFORMATION: In May, the City Council participated in a workshop on "Utilities and Growth". During the workshop, several options for utilities expansion were discussed that resulted in three basic priorities; I. Providing water service from municipal wells northeast of Highway 5 to the southern and Nv estemm ost parts of the City of Lake Ehno: 2. Provide sanitary sewer service for development throughout the I-94 corridor and north to the Old village to attempt to meet the needs of the Metropolitan Council City of Lake Elmo Memorandum of Understanding; 3. Develop a funding plan that allows for the ability to cash flow both expansions by 2014 to eliminate the loss of S2 million in state funding. In June. initial analysis was done to determine the fee structure necessary to cover all expansion costs. At that time all numbers were hypothetical, STAFF REPORT: The engineering staff of Lake E]mo has developed options for "main" utility extension that has an estimated cost of S12.5 million. With S2 million dedicated to Lake Elmo by the State of Minnesota. Lake Elmo would have to bond for $10.5 million (2012 dollars) to build the trunk / main infrastructure system to positively affect growth and provide vital clean potable water ./ sanitary services to existing residents. The Administrator of Lake Elmo has spoken with several public financial advisors and reviewed a 2009 Study from Ehlers to City Council Meeting, /Consent Agenda item 9] February 5th, 2013 determine the best financial mix to fund the S10.5 million. In the course of the investigation, it was determined that Northland Securities, led by former City of Burnsville CFO Tammy Omdahl, was best suited to conduct a financial study that examines debt service requirements. water and sewer access charges, water and sewer rates, developer fees, grant opportunities and factor in a possible settlement / court ruling with 3M to finance utility construction using a 15 year payback schedule w/o negatively impacting the City's credit worthiness. Now that some firm numbers are in place for actual developing of the I-94 corridor, additional analysis needs to be performed using real numbers. RECOMMENDATION: Based upon the background information presented, the staff recommends that the City of Lake Elmo City Council: Motion: To approve the Financial Planning Agreement between the City of Lake Elmo and Northland Securities for an amount not to exceed $3,000 for the purpose of updating the pro-formas used to analyze the water and sewer expansions as well as the relevant fees charged for connectivity to each. The funds are to be disbursed equally from the City's undesignated fund balance and the City's Water and Sewer Utility Funds — with funds to be recovered through fees charged as the development occurs. ATTACHMENTS: 1) Northland Securities Agreement II SUGGESTED ORDER OF BUSINESS: Introduction of Item City Administrator Report/Presentation.... ................ Administrator - 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 FINANCIAL PLANNING AGREEMENT BY AND BETWEEN THE CITY OF LAKE ELMO, MINNESOTA AND NORTHLAND SECURITIES, INC. FINANCIAL PLANNING SERVICES II This Agreement made and entered into by and between the City of Lake Elmo, Minnesota (hereinafter "City") and Northland Securities, Inc., of Minneapolis, Minnesota (hereinafter "NSI"). WITNESSETH WHEREAS, the City desires to use the services of NSI for financial planning for the City's water, sanitary sewer, and storm water utility systems, including, planning for user charges and rates (hereinafter "Project"). WHEREAS, NSI desires to furnish services to the City as hereinafter described, NOW, THEREFORE, it is agreed by and between the parties as follows: SERVICES TO BE PROVIDED BY NSI The scope of work to be performed by NSI is based on the following factors: 1. Using updated estimated for growth in service demand, update estimated user charges for water, sanitary sewer, and storm sewer service to ensure adequate operating revenues and reserves are maintained. 2. The analysis of user charges must consider updated future capital improvement plans to be provided by the City's engineering firm. 3. The impacts of revision to prior estimates and changes to user charges on local residents and businesses must be clearly understood and managed. NSI will undertake the following tasks: Conduct meeting with City Staff and the City's engineering firm to review project objectives, assumptions included in prior analysis, and to collect updated background data, including revised estimates for capital improvement plans. Service Agreement — Financial Planning Services 11 Page 1 2. Review background information about water, sanitary sewer, and storm sewer utilities. The City has the responsibility for collecting and providing NSI with information needed to conduct the study. Information sought by NSI includes: a. Current user rate schedules, as adopted for 2013. b. Plans for capital improvements in years 2012 through 2016 (and future years if available) including type of improvement, estimated cost, funding source, and timing. 3. Update the financial model created by NSI for the City for sanitary sewer, water, and storm sewer systems. The updated model will be used to analyze and explain the implications of alternative user charge structures. At a minhnum, the model will analyze changes in: operating expenses; system usage; customers; capital improvements; and funding options. 4. Review results. NSI will meet with the City to review results of the analysis. 5. Report initial findings and recommendations. NSI will prepare a memorandum that explains the results of the analysis in Tasks 4-5 and presents a recommended course of action. This scope of work includes up to two (2) meetings with the City to review results. COMPENSATION For the services specified, NSI will be paid an amount not to exceed $3,000. The amount is based on the estimated number of hours required to complete these tasks at an hourly billing rate of $160/hour plus reimbursable expenses for travel, printing and mailing. NSI will bill on a monthly basis for actual services performed and reimbursable expenses. ASSIGINED NORTHLAND EMPLOYEE The NSI employee responsible for providing services pursuant to this agreement and for the services performed is Tammy Omdal. SUCCESSORS OR ASSIGNS The terms and provisions of this Agreement are binding upon and inure to the benefit of the City and NSI and their successors or assigns. DISCLAIMER In performing service under this agreement, NSI is relying on the accuracy of information provided by the City and the services provided by Northland are based on current State Law. The parties agree that the Minnesota property tax system and other laws may change and may affect the accuracy and validity of services provided by NSI. NSI will perform its work using the best available information. The City recognizes and accepts that future property values, tax levies and tax rates may vary from the assumptions used by NSI and such changes may affect the work product produced and provided by NSI. Service Agreement — Financial Planning Services 11 Page 2 TERM OF THIS AGREEMENT This Agreement may be terminated by thirty (30) days written notice by either the City or NSI. In the event of early termination by the City, NSI shall provide the City with an itemized hourly statement of services already provided. All billable hours by NSI shall be billed at the stated hourly rates should early termination occur. Dated this day of January, 2013. Northland Securities, Inc. By: City By: City Administrator Service Agreement — Financial Planning Services 11 Page 3 KE ELMO MAYOR & COUNCIL COMMUNICATION DATE: 2/05/2013 CONSENT ITEM #: 10 MOTION as part of the Consent Agenda AGENDA ITEM: Appointment of Official City Engineer and City Attorney for 2013 SUBMITTED BY: Adam Bell, City Clerk THROUGH: Dean Zuleger, City Administrator SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to appoint an official City Engineer and City Attorney. These officials are contracted for professional engineering and legal advice. These appointments are not specifically required by statute or ordinance, but are consistent with past practice. No specific motion is needed as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: Mr. Jack Griffin of Focus Engineering currently serves as the Official City Engineer and primary provider of professional engineering services. He is supported by Mr. Ryan Stempski. Focus Engineering and the City have an ongoing agreement for professional services effective 7/19/2011. This appointment would be a continuation of that agreement. Mr. Dave Snyder of Johnson & Turner currently serves as the Official City Attorney for both civil and criminal legal services. Mr. Snyder was last appointed on December 6, 2011. At the last appointment, Mr. Snyder indicated that he would continue his services under the same terms and conditions as the previous agreement from 4/13/2009. This appointment would be a continuation of that the previous agreement. STAFF REPORT: The City did not solicit additional bids or conduct and RFP for Engineering Services. City Staff is satisfied with the Engineering Services provided by Focus Engineering, and the City Council has not directed formal action to consider an alternative engineering service provider. However, should the City Council elect to direct for additional solicitation for engineering services. City staff would suggest appointing Mr. Jack Griffin of Focus Engineering as the Official City Engineer for 120 days to allow for preparation and execution of a formal Request for Proposal solicitation and rating process. In 2010, the City Council consolidated all City legal services under a single contract. As such, no additional solicitation for legal services for 2013 is planned. City Staff is satisfied with the -- page City Council Meeting Appointment of City Enizineer and Attorney February 5th. 2011 Consent Agenda Item # 10 legal services currently provided, and the City Council has not directed formal action to consider an alternative legal services provider. However, should the City Council elect to direct for additional solicitation for municipal, civil or criminal legal services, City staff would suggest appointing Mr. Dave Snyder of Johnson & Turner as the City Attorney for all municipal, civil and criminal matters, for 120 days to allow for preparation and execution of a formal Request for Proposal solicitation and rating process. RECOMMENDATION: Based upon the above background information and Staff Report, it is respectfully recommended that the City Council approve as part of tonight's COnSelli Agenda the appointment of Mr. Jack Griffin, of Focus Engineering, Inc., as the official City Engineer and principal provider of professional engineering services for 2013. In addition, Staff further recommends the appointment of Mr. Dave Snyder, of Johnson & Turner as the Official City Attorney for municipal, civil and criminal matters for 2013. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and deliberate prior to taking action. While tabling this item is not recommended, the Council may elect to discuss and modify these recommendations, as desired and provide staff specific direction with how to proceed accordingly. If removed from the Consent Agenda, the suggested motions are to: "Move to appoint Mr. Jack Griffin, of Focus Engineering, Inc., as the official City Engineer and principal provider of professional engineering services for 2013." "Move to appoint Mr. Dave Snyder of Johnson & Turner, P.A. as the official City Attorney and principal provider of both civil and criminal legal services fir 2013." ATTACHMENTS: None SUGGESTED ORDER OF BUSINESS (if removed from the Consent Azenda): Questions from Council to Staff ..... ........ ....... ........ ................ Mayor Facilitates Call for Motion ................. . ...... ..... ..... ..... ............ Mayor & City Council Discussion ........ ......... ........ ....... . ..... ................. ........ ........ Mayor & City Council Action on Motion. .............. ......... ..... ........... ........... ........ Mayor Facilitates -- page 2 -- TI (ATV ()1' L-\.KEL FLMO MAYOR AND COUNCIL COMMUNICATION DATE: 2/5/2013 CONSENT ITEM #: 11 MOTION AGENDA ITEM: Conditional Use Pen -nit — Raleigh Creek Culvert Removal SUBMITTED BY: Nick M. Johnson, City Planner THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Planning Commission Kyle Klatt, Planning Director Jack Griffin, City Engineer SUMMARY AND ACTION REQUESTED: The City of Lake Elmo has received an application for a Conditional Use Permit (CUP) from Valley Branch Watershed District (VBWD) to conduct grading in a floodway in order to remove a culvert located at Raleigh Creek and the former 28111Street. The Planning Commission held a Public Hearing on January 14, 2013 and recommended approval of the CUP. The project is being completed at the request of the City in response to requests by nearby residents to mitigate instances of flooding in the area due to blockages in the culvert during sub -freezing temperatures. BACKGROUND INFORMATION: The area surrounding the culvert located at Raleigh Creek and the former 28th Street has experienced flooding due to blockages caused by ice. The VBWD has previously attempted to remedy this situation by deicing the culvert through various methods. These efforts have proved ineffective and costly. In order to remedy this situation, the VBWD has determined to remove the culvert to respond to the complaints of nearby property -owners. The Planning Commission held a Public Hearing at its meeting on January 14, 2013. Mr. Nathan Campeau, the VBWD engineer, explained that the work would be completed at a time when the creek bed is dry to minimize problems related to erosion control. With this consideration in mind, the work could be undertaken during the winter before the snow melts, or in late summer. During the Public Hearing, Mr. Jim Palecek, Mr. Glen Wichelmann and Mr. Thomas Regan, three residents of the arca, spoke in favor of the project. After the Public Hearing, the Planning Commission voted unanimously to recommend approval of the CUP. STAFF REPORT: The grading that is to occur is intended to return the creek to its original pre -culvert cross-section or natural vegetative state. As part of the VBWD's application, they have submitted a grading plan to detail the parameters of the grading work. Additional details can be found in the VBWD application materials, as well as the City Engineer Report (1/7/13). Per the Engineer's comments, Staff will work with VBWD if any difficulties arise as part of the grading project. In addition, the applicant should be cognizant of the other comments found in the Engineer's report. including notification of adjacent property owners, required erosion control efforts, and notification of any significant tree removal. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the Conditional Use Permit by taking the following action: "Move to approve Resolution 2013-06, approving the Conditional Use Permit allowing the Valley Branch Watershed District to conduct grading in a floodplain to facilitate the removal of a culvert located at Raleigh Creek and the former 28th Street, as recommend by the Planning Commission." ATTACHMENTS: 1. Resolution 2013-06 2. Planning Commission Report, 1-14-13 3. VBWD CUP Application 4. City Engineer's Report. 1-7-13 SUGGESTED ORDER OF BUSINESS: Introduction of Item ..................... ................... . ........ . .......... City Administrator Report/Presentation........ ...... ........ Planning Director Questions from Council to Staff... ......... . ........ ....... ............ Mayor Facilitates Public Input. if Appropriate ...... ........ ........... .................... Mayor Facilitates Call for Motion ..... . ..... ................. ..... .......... ..... ............. Mayor & City Council Discussion ...... .......... ......... ..... ......... ...... ..................... Mayor & City Council - Action on Motion Mayor Facilitates CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2013-06 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO VALLEY BRANCH WATERSHED DISTRICT TO ALLOW GRADING IN A FLOODPLAIN TO FACILITATE THE REMOVAL OF A CULVERT LOCATED AT RALEIGH CREEK AND FORMER 28TH STREET NORTH. WHEREAS, the Valley Branch Watershed District have requested a Conditional Use Permit to allow for grading activity within a floodway. WHEREAS, the grading activity is intended to facilitate the removal of a culvert located at Raleigh Creek and the former 28th Street North. WHEREAS, the City Engineer issued a report dated January 1/7/2013, highlighting the City's expectations related to the Raleigh Creek culvert removal project. WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on January 14, 2013, and reviewed and recommended approval of the Conditional Use Permit to allow for grading within a floodway. NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council hereby approves the Conditional Use Permit requested by the Valley Branch Watershed District to remove the culvert located at Raleigh Creek and the former 281h Street North. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THE FIFTH DAY OF FEBRUARY, 2013. By: ATTEST: Adam Bell City Clerk Mike Pearson Mayor Resolution 201 3-06 To: From: Meeting Date: Applicant: Owner: Location: City of Lake Elmo Planning Department Conditional Use Permit Request Planning Commission Nick Johnson, City Planner January 14, 2013 Valley Branch Watershed District City of Lake Elmo and Valley Branch Watershed District Raleigh Creek and Former 28' Street Introductory Information Application The City of Lake Elmo has received an application for a Conditional Use Permit from Summary: the Valley Branch Watershed District to conduct grading work within a floodplain. The proposed grading is part of a project to remove a culvert and road section located at Raleigh Creek and the former 28t1i Street. The project is being completed at the request of the City to mitigate problems with flooding in the area caused by inadequate flowage by the culvert. The end goal of the project is to return the creek to its original vegetative state or cross-section. Property The project site is located to the northwest of Eagle Point Lake on 4 properties, Information: including property owned by the Valley Branch Watershed District, City of Lake Elmo, and Jon and Carol Duerscherl, on which the VBWD has a surface water drainage easement. The project will be completed to the west of the intersection of Jamley Ave. N. and 28th St. N. The area to the northwest of the culvert has experienced significant flooding due to the flowage being clocked by ice during periods of below freezing temperatures. Applicable Section 152.04 Floodvvay District. Codes': States that "Extraction and storage of sand, gravel, and other materials" in a floodway is a Conditional Use. Findings & General Site Overview Site Data: Existing Use: Public Right -of -Way (ROW) Property Identification Numbers (PID): 2] .029.2 1 .1.4.0005 4pplication Review: CUP/Grading As part of the project to remove the culvert at Raleigh Creek, the VBWD will conduct Review: grading work intended to return Raleigh Creek back to its original cross section or vegetative state. This will allow for the flooding that was cause by blockages in the culvert to be mitigated. As part of the application, the VBWD has noted that there will be no increase in the 100-year flood elevation on either side of the culvert. As the project has been requested by the City, Staff will work with the VBWD to ensure that no negative impacts will result to adjacent property owners. The comments outlined in the City Engineer's Report OR 1/13) should be followed to ensure that no negative impacts occur. Please refer to the Engineer's report for additional information surrounding the Raleigh Creek culvert removal. Conditional Based on the above analysis and Staff review. Staff is recommending that the PlanninL, Use Permit Commission recommend approval of the CUP based on the following: Conclusions: 1. The proposed project is being completed at the request of the City, 2. The applicant has submitted a grading plan that meets with the requirements of the City Code. Resident A public hearing notice was sent to all property owners within 350 feet of the Concerns: applicant's property. Staff has not received any feedback from any surrounding property owners. Additional htfOrmation: Conclusion: None The applicant is seeking approval to conduct grading within a floodplain in order to remove a culvert and road section located at Raleigh Creek and the former 28'1' Street. Staff Ree: Staff is recommending that the Planning Commission recommend approval of the request for a Conditional Use Permit in order to complete the City requested project of culvert removal at Raleigh Creek. cc: John Hanson. Ban- Engineering Nathan Campeau. Barr Engineering David Bucheck, Valley Branch Watershed District December 6, 2012 Mr. Nick Johnson, City Planner City Hall 3800 Laverne Avenue N Lake Elmo, MN 55402 Re: Land Use Application for 28th Street Culvert Removal Dear Mr. Johnson: Valley Branch Watershed District is submitting the enclosed Land Use Application for the removal of the culvert and road located at 28th Street and Raleigh Creek in Lake Elmo. The enclosed figures show the location of the culvert and describe the proposed work. The work includes: 1. Removal and disposal of asphalt pavement over the former 28th Street 2. Excavation and disposal of road subgrade 3. Removal and disposal of existing culvert and aprons 4. Grading to restore stream channel to match Raleigh Creek cross section upstream and downstream of road 5. Placement of 6 inches of topsoil 6. Seeding and site restoration 7. Erosion control The following information is submitted pertaining to Section G of the Lake Elmo Code of Ordinances, Excavation and Grading Permits. 1 Legal description of the property: Project. is located in the public right of way of Ivy Ave N and/or 28' Street N, west of Jamley Ave N, east of 27" St. Court N. Parcel Number 21.029.21.14.0005, Section 21, Township 029, Range 021. 2. Required fee by Chapter 70 of Uniform Building Code: Waived for public project 3. Evidence of ownership: City -Owned (see enclosed property map) 4. Existing and Proposed final grades: Existing Valley Branch Watershed District Stream Crossing Details sheet from 1987 (enclosed). Proposed grades will match existing on each side of the creek, 3 horizontal to 1 vertical (3:1) maximum slopes. 5. Survey showing location and elevation of all roads, utilities and structures: Enclosed map and culvert detail sheet show location of roads and the stormscwer 6. Tree Survey showing all trees 6" caliper or larger: No large irees will be removed 7. Landscape and site restoration plan: See enclosed map for description of the proposed work 8. A development concept plan: N/A 9. A drainage plan which includes engineering work for stormwater retention: N/A 10. Erosion Control Plan indicating type and location of erosion measures: See enclosed map for description of the proposed work DAVID BLICIIECK • LINCOLN FETCHER • DALE BORASH • JILL LUCAS • EDWARD MARCHAN VALLEY BRANCH WATERSHED DISTRICT • RC BOX 838 • LAKE ELMO, MINNESOTA 55042-0538 www vbwd.org Mr. Nick Johnson. City of Lake Elmo December 6, 2012 Page 2 11 Traffic Analysis showing how materials will be removed from site: Construction traffic will travel along 28th Street North. 12. Soil borings and maps: Soils borings are not available; however soil samples from the area were taken and tested to determine disposal methods. The soil samples were found to be generally clean and have been accepted for disposal at two landfills. 13. Other info required by city: NIA 14. Schedule of building construction: N/A 15. Hours of operation: 7 a.m. to 6 p.m. Mon to Friday 16. Duration of activity: 3 weeks If you have any further concerns please do not hesitate contacting me at (952) 832- 54 (ncamocuuicbarr.com) or John Hanson at (952) 832-2622 (ilianso:.,(03a:T.com). Sincerely, Nathan Campeau, P.E. Barr Engineering Company Engineer for the Valley Branch Watershed District Enclosures 1. Land Use Application 2. Washington County Parcel Map 3. Figure 1: Site Map and Project Description 4. Project 1007 Plansheet and Details c: VBWD Managers 7:135 ;3 0 tv of Lake Elmo DEVELOPMENT APPLICATION FORM Amem:inient Variance (Sec: bt...lovvi District Auri-ciciiiieni E_1j Subdivision i Athendiment Lol Lino .1-\cljustinclit Plain C..L.P. i.onditional Use Ptrinit etoii(r.2f.-.incept Plan „i-,ndition4.3.11.ise Permit iC.1..i.0.1 Li S tic 6:: Pituldinu Plan T:,.!view .p, /..:-.,,,,,,!,-:,_ Valley Branch Watershed District P.O. Box 838. Lake Ehno. MN oIlme) ipaiiitm Address) "TELEPHONES: 651-748-4230 •-iorriei (Work) (Mobile', Valley Branch Watershed District P.O. Box 838, Lake Elmo, MN 7E.E OWNER: Subdivion 0 20 Lots 2 1,cits kiorc f-1,xcavazinp.S.: Grading App,a1 137.171 TELEPl-i0NES: )isiame) Horrie) 5504"? (zip) 55042 Address) (Zip) 651-748-4230 (Work) (Mobiiel (Far,) ROPERTY LOCATION (Address and Complete (Long) Legal Description): Parcel Number 2i.029.21.14.0005. Section 21 Township 029, Range 021 =TAIL— .EASON FOR REQUEST: al' Lake Elmo has requested this culvert and road he removed. 'VARIANCE REQUESTS: As oud ned in Section 301,060 C. of the, Lake Eimu Municipul Code, the Applicaiii must a hardship !-ietore varianoe. can be f.pirr.ecl. The hardship related, n this appiicati071 is as follows: this appliatior, 1 hereby aCknowlthl...r., thai. I have read al) ci fully understand the applicable provisions Cth and Subdivision Ordinances and current administrative nroc.:edures. 1 further ac.knowiedee the fee e;arilanation ouTlineci lo tlig anblica,tion oroced LireS and herebv agree to Day all statements received from the'Citv ne7taining ac1ciitrmal aoji ca•,11 Ltxt se. 1 r el ) e / Dale Sierature of Apolicent 11'10:1 (313 f i EI:Tv..1 • 3,3110 1,3v ........ :35,critt: North • L,336::17iint • 556,411 65 -777 .551D • Fir,: 631-'177.,1,13115 From: To: cc: Subject: Date: Nick - RE: Raleigh Creek Culvert Friday, January 04, 2013 5:00:56 PM Our intention is to work around all large trees, although it is probable that a few of the smaller volunteers will need to be removed to facilitate the grading. In addition, there is a chance that a tree or two around 4-8" in diameter (older volunteer trees) may need to be removed. If that is the case, what would be the procedure for removing those older volunteer trees from the City's property? Here's a brief narrative of the proposed work: Along Raleigh Creek, the Valley Branch Watershed District (VBWD) is proposing to remove the former 28th Street crossing and the associated culvert and restore the channel cross section to match the up- and downstream geometry. This will remove a restriction to flow in the channel. The work involves removal of the asphalt surface of the former 28th Street, excavation and disposal of approximately 225 tons of material, removal and disposal of a 73-inch arch pipe and flared end sections, final grading to match the existing channel cross section, seeding and installation of erosion control blanket over the disturbed areas, and installation of a biolog along the toe of the channel for erosion control. The work will be performed when Raleigh Creek is dry in order to minimize the risk of erosion. Underbrush and some smaller volunteer trees will be removed, although care will be taken to minimize impacts to trees. Please let me know if you need any more information. Thank you, Nathan Campeau, PE, CFM Water Resources Engineer Minneapolis office: 952.832.2854 cell: 612.710.8140 www.barr.com resourceful. naturally. Parcel Number: 21.029.21.14.0005 Property Address: LAKE ELMO, MN Class: EXEMPT Legal Description: PT SE 114 OF NE 1/4 COM AT NE COR OF SE 1/4 OF NE 1/4 THENCE S ALONG SEC LINE A DIST OF 15.1 FT THENCE S 62 DEG 40'W A DIST OF 38.6 FT TO PT OF BEG OF THIS DESCRIPTION THEN S 62 DEG 40'W A DIST OF 159.9 FT THENCE S 17 DEG 20' EAST A DIST OF 56.2 FT THENCE NORTH 62 DEG 21' EAST A DIST OF 150.8 FT THENCE NORTH & PAR TO SD SEC LINE BY 16.5 FT A DIST OF 33.4 FT THENCE NORTH 40 DEG 32'W A DIST OF 27.4 FT TO PT OF BEG ALSO A STRIP OF LAND 33 FT WIDE ALONG NORTH LINE OF LAND HEREBY CONVEYED & EXTENDED EAST TO A PT 16.5 FT WEST OF NORTH & SOUTH SEC LINE BETWEEN SEC 21 & 22 WHICH IS HEREBY CONVEYED & RESERVED FOR RD PURPOSES SECTION 21 TOWNSHIP 029 RANGE 021 Year Land Value Dwelling Value Improvement Value Total Value 2012 $2,700 $0 $0 $2,700 2011 $2,700 $0 $0 $2,700 More Years... Lot Type Square Feet Acres Lump Sum 15,178 0.348 washingt©n.minnesotaassessors.com/parcel.php?parcel=21©292114QBQ5 111 San' }8018r AroGIS 10 241 File P. Moved Ms P Work Includes: -Remove 32 feet of 73" RCPA and 2 aprons -Remove gravel road 41 -Grade to match existing channel dimesions with a 3'1 max slope -Place 6" of topsoil -Install seed mix 270 at 120 lbs. per acre -Install Category 2 erosion control blanket on all disturbed surfaces misname temU Ave CubovaINAerlMG i eUser GMH2 0 50 100 Feet 1inch = 100 feet Figure 1 200 28TH ST CULVERT REMOVAL Valley Branch Watershed District Lake Elmo, MN Barr Feeler ArcGIS 1OOj912i227 1251 File: P.1Muls123 MI1152123820451 MovedFromMels P11007 Maintenance 201212012 Maintenance Ilerns1.28Th St Culvert RemovallAerials120th SI Culvert Grad1ng Plan.rnxe User: ncic Proposed 2-ft Contours Existing 2-ft Contours Construction Limits Drainage Easement Parcels 'E3ARR Raleigh Creek 0 15 30 1 inch = 30 feet i Feet Grading Plan 28TH ST CULVERT REMOVAL Valley Branch Watershed District Lake Elmo, MN Biolog will be installed along the toe of the channel in all disturbed areas. The work will be performed when the creek is dry. Parcel information from Wash County GIS Viewer. D;ue,rscherl,PmpArly Estimated Surface Water Drainage Easement C.Ity,;-Propeyty; 0 City ROW so\ • Proulx Property •'er .e# ••• • • • • • • • •• Proposed 28th Street Culvert Removal 'Valley Branch Properties Construction Access 28th Street ..City.iStre.e,t1ROWI County Property; - rhiRrpRer* Comparison of Floodings Elevations on Raleigh Creek With and Without 28th Street Culvert 1.2123120 12 Node RiEl5J 28TH-STU Z8THIFD 12DTH'TF0l RL2OPA7HHU RiZUPArHHD PA|H_HJ VLE-2O RLZOPAT||D PATM11 [PLJD EPL'lA |[PL'1 JFPL6 Description 153 Feet Upstream n(Z8Hh Upstream n[Z8& Downstream o(Z8d` _ 515 Feet Downstream o[ZDth 74ZFeet Downstream ofZDVh 77Z Feet Downstream of28th - - '-- ' 956 Feet Downstream of 29th 1140 Feet Downstream u[Z8th 117OFeet Downstream o[28d` l548Feet Downstream ofZ8th 1752 Fec\ DnwnstrcxmofNth ZZ1OFeet Downstream nf28Lh ' Eagle Point Lake: 34O1Feet Dom'otmnrnofZEth Eagle Point Lakp�4469Feet UownstreamofZ8th Controlling Event Rnin Rain Rain Ram Rain Rain Rain Rain Rain 5nowmek 5nmmnip|t 5nowme|t Jnovvmeh |Snmvme|t Negative values indicate that the culvert removal results in a water surface decrease Controlling 1Un'YenrElevation (ft) Culvert In 908,0 9n7�6 907,5 907.7 907,0 905.9 904.8 902,9 900.5 9003 900.3 9003 900.3 899.7 Culvert Out | Difference 9D7�9 907.G _ 907,5 907.0 9VT0 905�9 304�S 90219 900,5 9003 9003 900,3 900.3 899�7 '0�l 0,0 0,0 '02 01) 0,0 0.0 0�O 00 0.0 OD 0.0 0.0 0.0 Barr FOOleT ArcG1S 10.0. 2012-12.23 12:32 Fite: PAULL51..2 L04182\235M2 dFrom2 P1 ; ,r1 ' - - r... * ; •A 1 r. F. -H.-- . _:i • r4 1.-1«.J :7:717,1 RLE-15.1: 0,1 foot decrease 'L I Proposed 28th Street Culvert Removal ---- ,_ 28TH-ST-D.A: 0.2 foot decrease -ti = 1-11rt • n1 - ;;;;,,, 7'r ,c4 1,..!1tinter-urrir.r1 2012k201 2 1,, a in le nance liamc1281n S ir 0,0 foot increase I, ke A 7; Cuisnrt Rernevcl'Aenals"2fish St CuNen Parcel Map rnxd t„iser: noc -;"c.. Legend Streams Parcels 1 inch = 1,000 feet Feet i 1 :---3:':,--,',' ''!:-v • ' /1,000 i-.,- z,.,•! --., 1,000 0 - !niien!tmd."1".""e",1.1111111 __,-,,,,-..z„-.,._-:_, ;4_,- .cylt -,.f.7---,:'.t:_,:f.i, , '!.. sARR 100-Year Surface Change 28TH ST CULVERT REMOVAL Valley Branch Watershed District Lake Elm IN MEMORANDUM Date: January 7,20l3 ENGINEERING, inc. Cara Gehm��E. Jack Griffin, P.E. Ryan Stempdd'P.E [had|sakuon 651.300.4261 651.308.4264 651.300.4267 651.300/4283 To: Nick Johnson, City Planner Re: City ufLake Elmo Cc: Ryan Stennpski,P.E,Assistant City Engineer V8VVDZ8,'Street Culvert Removal From: Jack Griffin, P.E, City Engineer We have received updated materials for the Conditional Use Permit and Excavating & Grading Permit application for the V8VVD 28"' Street Culvert Removal, The following hems were received in addition to the items identified inthe December Z6,2U1JMemo prepared bvJack Griffin, City Engineer: * I»mStreet Culvert Grading Plan received via email onDecember I7,Z012. * Project Narrative received via email onJanuary 4,ZO1I VVehave reviewed the application materials and have the following comments: 1. The applicant has provided the Unnhs of construction and has indicated that all work will he contained within public rights'of-wayorV8VVD easements, Property Owner notifications regarding the construction activity isthe responsibility ofthe VBVVD. I� The applicant has provided a proposed grading plan and project narrative describing the nature of the work to be completed. Accordingly the applicant is indicating that there are no utilities, structures or trees that will be disturbed as a result of the project with the exception of the 28m Street 73'inch arch culvert, flared end sections and the overlying bituminous road. 3. No significant trees are to be damaged or removed. Should any significant trees need to be removed during construction, they must be clearly identified and reviewed by the City of Lake Bnnn prior to 4. The applicant has submitted hydraulic calculations indicating that there will be no negative floodp|ain impacts to adjacent properties, both upstream and downstream from the project, S. Implementation and enforcement of erosion and sediment control meeting city standards will be the responsibility of V8VVD throughout the project. The VBVVD is required to re-establish vegetation for disturbed areas. PAGE 1 of I KE MAYOR AND COUNCIL COMMUNICATION DATE: 2/5/13 CONSENT ITEM #: 12 RESOLUTION NO. 2013-07 AGENDA ITEM: Christ Lutheran Church Lot Size Variance — 3549 Lake Elmo Ave N SUBMITTED BY: Kyle Klatt, Planning Director THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Planning Commission Nick M. Johnson, City Planner SUMMARY AND ACTION REOUESTED: The City Council is being asked to consider a variance request from Christ Lutheran Church, 11194 36th Street North that would allow them to proceed with a Minor Subdivision to split off a portion of the parking lot associated with the former Lake Elmo Bank property at 3549 Lake Elmo Avenue North. The split is intended to allow the church to retain ownership of the majority of the parking lot on this site while selling the building to another party along, with a small portion of the existing parking area. A variance is needed because the resulting parcels of 0.42 acres (building plus small parking, area) and 0.27 acres (larger parking area on northern portion of site) are well below the minimum lot size requirement of one and a half acres in this district and would also not meet the minimum lot width requirements of the district. The recommended motion to act on this request is as follows: "Move to approve Resolution 2013-07 approving a variance to allow Christ Lutheran Church to split its parcel at 3549 Lake Elmo Avenue into two separate lots that do not meet the Minimum requirements o 'the GB — General Business zoning district for lot area and lot width. BACKGROUND INFORMATION: The attached Planning Commission report includes a detailed review of the application along with the original Staff recommendation to the Commission. Should the Council support the Planning Commission recommendation for approval of the request, the attached resolution reflects the findings that were adopted by the Commission with one additional condition that has been recommended by Staff PLANNING COMMISSION REPORT: The Planning Commission reviewed the variance request at its January 14, 2013 meeting and conducted a public hearing at this time. The Commission received a letter from Kathy Weeks, 3647 Lake Elmo Avenue North, opposed to the granting of the variance. Jim Kelly, as a representative of the church, discussed the rationale behind the request for the lot split. He noted that a potential buyer of the old Lake -Elmo Bank building has indicted that they do not need all of the parking that is presently associated with this The Commission discussed the parking situation on the property, and generally supported the variance with a condition that the church allow any future building owners to share the parking area it will retain. The Commission further recommended that this agreement be reciprocal to also allow the church to use the parking that would he retained by the owner of the old bank bui 1 dinEl. After further review of the request by Staff, the Council is being asked to consider one additional condition related to the existing storm water retention area that lies adjacent to the proposed boundary between the lots. Because this existing rain garden infiltration area would remain entirely under the ownership of the church and yet collects storm water runoff from the adjacent parking area, a drainage easement should be placed over the infiltration area in order to ensure its continued use and availability for the future owner of the bank building. This additional condition has been drafted as part of the attached resolution of approval. PLANNING COMMISSION RECOMMENDATION: Based upon the above background information, Staff report and Planning Commission recommendation, it is recommended that the City Council approve the variance request from Christ Lutheran Church, 11194 36th Street North that would allow them to proceed with a Minor Subdivision to split off a portion of the parking lot associated with the former Lake Elmo Bank property at 3549 Lake Elmo Avenue North by undertaking the following action: "Move to approve Resolution 2013-07 approving a variance to allow Christ Lutheran Church to split its parcel at 3549 Lake Ehno Avenue into two separate lots that do not meet the minimum requirements of the GB — General Business zoning district for lot area and lot width." ATTACHMENTS: 1. Resolution 2013-07 7. Planning Commission Report (1/14/13) 3. Application Form 4. Application Narrative 5. Letter from Potential Buyer 6. Location Map 7. Certificate of Survey for Lot Split 8. Letter from Kathy Weeks (3647 Lake Elmo Ave N) SUGGESTED 0 1 ER OF BUSINESS: Introduction of Item ..... .......... Report/Presentation..... ..... ................. ..... ............ Questions from Council to Staff ....... ...................... Public Input, if Appropriate .................. .......... ............ Call for Motion ...... ................ ......... ..... ....... ..... Discussion..... ........... ............... ........ ........ Action on Motion ............. . ...................... ..... City Administrator ....Planning Director . ...... Mayor Facilitates . Mayor Facilitates Mayor & City Council Mayor & City Council ....... Mayor Facilitates CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2013-07 A RESOLUTION APPROVING A VARIANCE TO ALLOW CHRIST LUTHERAN CHURCH TO SPLIT AN EXISTING LOT INTO TWO SEPARATE PARCELS THAT DO NOT MEET MINIMUM LOT SIZE AND WIDTH REQUIREMENTS WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Christ Lutheran Church, 11194 36`h Street North (the "Applicant") has submitted an application to the City of Lake Elmo (the "City") for a variance to split the lot at 3549 Lake Elmo Avenue North into two separate parcels that do not meet the minimum area and lot width requirements of the GB — General Business zoning district; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.017; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on January 14. 2013; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated February 5, 2013; and WHEREAS, the City Council considered said matter at its February 5, 2013 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.017. That all the submission requirements of said Section 154.017 have been met by the Applicant. That the proposed variance is to split the existing lot at 3549 Lake Elmo Avenue North into two separate parcels that do not meet the minimum area and lot width requirements of the GB — General Business zoning district. The proposed parcels would be 0.42 acres RESOLUTION 201 3-07 and 0.27 acres in size, which is under the minimum lot size requirement of 1.5 acres. The proposed parcels would also be 80 and 123.5 feet in length, which is shorter than the minimum requirement of 150 feet. 4) That the Variance will be located on property legally described as follows: Lots 39 and 40, County Auditor's Plat No. 8, as surveyed and platted and now on file in the Office of the Registrar of Titles of Washington County, Minnesota, being in the Village of Lake Elmo, Minnesota. More commonly known as 3549 Lake Elmo Avenue North. 5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and that the property owner proposes to use the property in a reasonable manner not permitted by an official. control. Specific findings: That the proposed use is reasonable because the potential buyer of the former Lake Elmo Bank building has stated that they do not have a need fir all of the parking provided on the site. Between the former bank building and the Christ Lutheran Church facility there is an expected amount of parking that will be using this property that will not change due to a change in ownership over a portion of the site. 6) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Specific findings: That the applicant's property is unique due to the large amount of parking that exceeds most other offstreet parking lots in the downtown village area of Lake Elmo. The Zoning Ordinance does allow for waivers of parking requirements in the GB — General Business District and any future users would need to request such a waiver under if their parking needs exceeded the amount available. 7) That the proposed variance will not alter the essential character of the locality in which the property in question is located. Specific findings: That the proposed lot ,split will not change the current use of the site for offices and parking. Any potential impacts associated with a lack of parking for the office uses could be mitigated with a shared parking arrangement that allowed any potential building tenants to use the parking area outside ofpeak Church usage periods. 8) That the proposed variance will not impair an adequate supply oflight and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Specificfindings: No impacts above and beyond those considered normal for any other business use in the surrounding area would be expected should the variance be granted. CONCLUSIONS AND DECISION Based on the foregoing, the Applicant's application for a Variance is granted, provided the following conditions are met: RESOLUTION 2013-07 . The Applicant shall execute a shared -parking arrangement with the future owners of the former Lake Elmo Bank Building that will allow any future tenants of this building to use the parking lot to be retained by the Applicant during time periods when the parking lot is not used by the Applicant. The agreement shall be drafted to be reciprocal regarding the use of the parking stalls that will be retained by the future owners of the former Lake Elmo Bank Building. 2. The applicant shall provide for a drainage easement across the storm water infiltration area that collects storm water runoff from both of the parcels to be created by the lot split. Passed and duly adopted this 5111 day of February 2013 by the City Council of the City of Lake Elmo, Minnesota. Michael Pearson, Mayor ATTEST: Adam Bell, City Clerk RESOLUTION 2013-07 From: Meeting Dale: Applicant: Location: Zoning: City of Lake Elmo Planning Department Variance equest Planning Commission Kyle Klatt, Planning Director 1/14/13 Christ Lutheran Church 3549 Lake Elmo Avenue North GB — General Business District Introductory Information Application The City of Lake Elmo has received an application for a variance from Christ Summaiy: Lutheran Church, 11194 36`11 Street North that would allow them to proceed with a Minor Subdivision to split off a portion of the parking lot associated with the former Lake Elmo Bank property at 3549 Lake Elmo Avenue North. The split is intended to allow the church to retain ownership of the majority of the parking lot on this site while selling the building to another party along with a small portion of the existing parking area. A variance is needed because the resulting parcels of 0.42 acres (building plus small parking area) and 0.27 acres (larger parking area on northern portion of site) are well below the minimum lot size requirement of one and a half acres in this district. Property Christ Lutheran Church acquired the former Lake Elmo Bank property sometime after Information: the bank relocated along State Highway 5, and has previously leased out office space within the building while using the parking lot for people attending church events. This arrangement has worked out fairly well over the past several years because the peak parking demand associated with the office use falls outside of the church's peak parking periods on nights and weekends. The St. Croix Sensory business was in the building for several years, but has since relocated recently leaving the building vacant. The applicant has found a potential buyer for the property, but this buyer has indicated that they will not need all of the parking on the site for their business. As a result, the Church would like to retain ownership of a majority of the parking lot, which would allow them to continue using it as accessory parking for the Church. The Church recently undertook a renovation of the parking lot at 3549 Lake Elmo Avenue North by resurfacing the entire lot and adding a new storm water infiltration feature in the middle of the property. The proposed lot split would keep the rain garden areas under the control of the Church. Applicable Section 150.017 Variances. Codes: (A -I) Variances. Identifies procedures and requirements for the processing and review of a variance application. Please note that this section was recently updated by the City to comply with revisions to Minnesota State Statutes. Section 154.051 General Business District Regulations (C) Minimum District Requirements: Lot Size: 1-1/2 acres (except as required by Interstate Corridor Overlay District, §§ 150.230 - 150.238) Off -Street Parking: (Also See §§ 154.095 and 154.096) The off-street parking requirements for properties located in the Old Village District and south of Minnesota Highway 5 may be waived by the Zoning Administrator upon demonstration that there are no suitable locations to provide off-street parking in a manner that complies with requirements found below and in §§ 154.095 and 154.096. Findings & General Site Overview Site Data: Lot Size: 37,502 square feet (0.86 acres) Existing Use: Vacant (Former Office Building and Parking Lot) Existing Zoning: GB — Genera] Business District Property Identification Number (PID): 13-029-21-23-0053 Application Review: PRACTICAL DIFFICULTIES "Practical difficulties," as used in connection Applicable Definitions: with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. UNIQUE CIRCUMSTANCES. The plight of the landowner is due to circumstances unique to the property not created by the landowner VARIANCE. 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 is demonstrated that such actions will he in keening with the spirit and intent of this chapter Variance Review: The applicant is proposing to split a parcel of land into two separate lots, each of which does not meet the underlying requirements of the Zoning Ordinance for lot size. In addition, the reduction of the number of stalls available for the building on the premises could create a situation in which there is not enough parking available on the remaining building site to meet the minimum parking requirements of the code. Ue 2 Variance Criteria: Please note; however, that the BG — General Business District does allow a waiver to the granted for parking in instances where suitable parking is deemed not available. Because of this waiver language, Staff is not reviewing this request as if a separate variance is required to reduce the number of parking stalls associated with the business. Staff also is recommending that the applicant develop a shared parking arrangement with the future owners of the former hank building that will allow the use of these stalls when they are not being used by the Church. Given the differences in peak usage times between the Church and office uses, this should present a reasonable compromise to allow the applicant to retain ownership of some land on the site. Approval of the variance would otherwise have no immediate impact on the surrounding properties, and the parcel to be retained by the Church would not be considered a buildable parcel due to its significantly substandard size. An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.017 before an exception or modification to city code requirements can be granted. These criteria are listed below, along with comments from Staff regarding applicability of these criteria to the applicant's request. Practical Difficulties. A variance to the provision of this chapter may he granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this 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 he in keeping with the spirit and intent of this chapter. Definition of practical difficulties - "Practical difficulties- us used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Under this standard, the City would need to find that the lot split would result in a reasonable use of the property not otherwise permitted under the zoning ordinance. The appropriate findings for this standard would therefore need to note that reducing the parking available to the existing building is reasonable action. Using this standard as a basis, Staff is suggesting that the Planning Commission consider the following: FINDINGS: That the proposed use is reasonable because the potential buyer of the former Lake Elmo Bank building has stated that they do not have a need for all of the parking provided on the site. Between the former bank building and the Christ Lutheran Church facility there is an expected amount of parking that will be using this property that will not change due to a change in ownership over a portion of the site. 2. Unique Circuntstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. In order to demonstrate compliance with this standard, the Planning Commission would need to note those aspects of the applicant's property that would not pertain to other properties within the same zoning classification. Again, Staff is suggesting some findings that could be considered by the Planning Commission as follows: FINDINGS: That the applicant's property is unique due to the large amount of parking that exceeds most other off-street parking lots in the downtown village area of Lake Elmo. The Zoning Ordinance does allow for waivers of parking requirements in the GB — General Business District and any future users would need to request such a waiver under if their parking needs exceeded the amount available. 3. Character of locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. A formal set of findings related to this standard is suggested as follows: FINDINGS: The proposed lot split will not change the current use of the site for offices and parking. Any potential impacts associated with a lack of parking for the office uses could be mitigated with a shared parking arrangement that allowed any potential building tenants to use the parking area outside of peak Church usage periods. 4. Adjacent properties and traffic. The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. No impacts above and beyond those considered normal for any other business use in the surrounding area would be expected should the variance be granted. Considering the potential findings of fact as suggested in the preceding section. Staff is recommending approval of the variance request based on the findings noted in items 1-4 above. Staff is also recommending that this approval include a condition that the Church provide for a shared parking arrangement that will allow for usage of the lot retained by the church during times when the church does not need to use this lot for parking. Variance Based on the analysis of the review criteria in City Code and referenced in the Conclusions: preceding section, Staff is recommending approval of the applicant's request to split the lot at 3549 Lake Elmo Avenue North in a manner that creates two new lots that do not comply with the City's minimum lot size requirements for the GB — General Business Zoning District. Resident Staff has received a letter from Kathy Weeks, 3647 Lake Elmo Avenue North, in Concerns: opposition to the variance. This letter is attached for consideration by the Planning Commission Additional No additional reviews are required as part of this request. Should the variance be information: approved, the applicant would he able to proceed with a Minor Subdivision to split off a portion of the parking lot from the remaining building. Conclusion: Christ Lutheran Church is seeking approval of a variance that would allow the Church proceed with a Minor Subdivision to split off a portion of the parking lot associated with the former Lake Elmo Bank property at 3549 Lake Elmo Avenue North. Commission The Planning Commission has the following options: Options: A) Recommend approval of the variance request; B) Recommend denial of the variance request; C) Table the request and direct staff or the applicant to provide additional information concerning this application. The deadline for a Council decision on this item is January 26, 2012, which can be extended an additional 60-days if needed. Rec.- Staff is recommending approval of applicant's variance request to split the lot at 3549 Lake Elmo Avenue North in a manner that creates two new lots that do not comply with the City's minimum lot size requirements for the GB — General Business Zoning District based on the findings documented in the above Staff report and provided the following condition is met: 1) The applicant shall execute a shared -parking arrangement with the future owners of the former Lake Elmo Bank Building that will allow any future tenants of this building to use the parking lot to be retained by the Church during time periods when the parking lot is not used by the Church. Denial To deny the request, you may use the following motion as a guide: Motion Tentplate: 1 move to recommend denial of the request for a variance to split the lot at 3549 Lake Elmo Avenue North in a manner that creates two new lots that do not comply with the City's minimum lot size requirements for the GB — General Business Zoning 5 District ...(p/2 se site reasons for the recommendation) ,4pproval To approve the request, you may use the following motion as a guide: Motion Template: I move to recommend approval of the request for a variance to split the lot at 3549 Lake Elrno Avenue North in a manner that creates two new lots that do not comply with the City's minimum lot size requirements for the GB — General Business Zoning District ...(or cite your own) ...with the conditions outlined in the staff report. cc: James E. Kelly, Board of Administration Chair, Christ Lutheran Church City of Lake Elmo DEVELOPMENT APPLICATION FORM Comprehensive Plan Amendment -- Zoning District Amendment I-1 Text Amendment Li Flood Plain C.U.P, Conditional Use Pennit Conditional Use Permit (CUT.) APPLICANT: C.," r‘054- (Name) TELEPHONES: C — -11 1 (Home) FEE OWNER: TELEPHONES: c, (Name) (Home) Variance * (See below) Minor Subdivision Lot Line Adjustment FI Residential Subdivision Sketch/Concept Plan Site & Building Plan Review (Mailing Address) (Work) Mailing Address) (Work) Pe 3i0 (Mobile) (Mobile) Fee I Residential Subdivision Preliminary/Final Plat O 01 - 10 Lots O 11 - 20 Lots O 21 Lots or More Excavating & Grading Permit Appeal (6 /LC / (Zip) PROPERTY LOCATION (Address and Complete (Long) Legal Description): 1:z7 I ,„ c tic‘i ;-- /,‘ 4Vt tir; DETAILED REASON FOR REQUEST: ( N - (Fax) (Fax) (Fax) (Zip) PUD *VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the Applicant must demonstrate a hardship before a variance can be granted. The hardship related to this application is as follows: In signing this application, I hereby acknowledge that 1 have read and fully understand the applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. 1 further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pav all statements received from the City pertaining to additional application expense. Signatiire of Applican date Signature of Applicant Date 1/22/2004 City of Lake Elmo • 3500 Laverne Avenue North • Lake Elmo • 55042 • 651-777-5510 • Fax 651-777-9615 11194 36th Street North * Lake Elmo, MN 55042 Phone: 651/777-2881 * Fax:651/748-0145 Mailing: P.O. Box 310, Lake Elmo, MN 55042 November 27, 2012 Mr. Kylc Klatt City of Lake Elmo Planner 3800 Laverne Avenue North Lake Elmo, MN 55042 RE: Variance and Minor Subdivision, 3549 Lake Elmo Avenue North Dear Mr. Klatt: As was discussed in your meeting on October 31, 2012 with Tim Beres and Jim Kelly of Christ Lutheran Church (CLC) of Lake Elmo, CLC currently owns the property at 3549 Lake Elmo Avenue. The property currently consists of two parcels, Parcel 1: a 4,684 square foot single story building and associated 12 stall parking lot and access lanes; and Parcel 2: a 26 stall parking lot and rain garden area. CLC currently utilizes Parcel 1 for church office, meeting, and storage space, and Parcel 2 for weekend and event parking. The current legal description of the property is: Parcel 1: The South 40 feet of Lot 29 and all of Lot 30, County Auditor's Plat No. 8, as surveyed and platted and now on file in the Office of the Registrar of Titles of Washington County, Minnesota, being in the Village of Lake Elmo, Minnesota. Registered Property Certificate of Title No. 58428. Parcel 2: Lot 29 except the south 40 feet thereof, County Auditor's Plat No. 8, Washington County, Minnesota. The Parcel ID No. is 130-29-21-23-0053. The entire property is currently zoned General Business and has been for sale or lease since being vacated by our previous tenant in August 2011. CLC was granted tax exempt status for the property by Washington County in August 2012. CLC is currently negotiating a possible sale of the property to Mr. Robert McDowell of The McDowell Agency, Inc., a company that conducts pre -employment screening and other investigative services. The company is currently located in St. Paul, Minnesota but is interested in moving to Lake Elmo. An issue that has come up during our negotiations is that the property in its current configuration is too large for Mr. McDowell's business needs and in fact is an impediment to negotiations; a letter to that effect from Mr. McDowell is attached. To facilitate a possible sale of the property, which would benefit the city by bringing in a new business and adding to the tax base, and to meet the long-term needs of both CLC and The McDowell Agency. CI,C is requesting a variance to City Ordinance 154.051 regarding lot width and minimum acreage of commercially zoned properties in the Old Village area of Lake Elmo. CLC is also requesting a minor subdivision of the property as shown on the attached new survey. Enforcement of the current City Ordinance regarding minimum lot size and width would limit the ability of CLC to retain long-term control and use of the large parking lot. Because of parking limitations at the main church property located one block to the east, CLC needs the parking lot for use during Sunday services, Wednesday evening education hour, and occasional weddings, funerals, or other events. If the property is not legally divided before a sale, CLC could lose long-term access to the parking lot in the event a future owner does not grant access or redevelops the property. In addition, enforcement of the City Ordinance is impractical because the total property, like many commercial properties in the Old Village, does not meet the 1.5 acre minimum specified in the ordinance. In the future, sanitary sewer service will also make the minimum lot size irrelevant. Enforcement of the 150 foot minimum lot width is also impractical, as the current and future use as a parking lot does not require any particular lot size for access or other reasons. CLC is proposing a minor subdivision of the property along the proposed new lot lines shown on the attached, updated survey by Ulteig Engineers. The proposed new legal description is: Tract A: The South 46.00 feet of Lot 29 and all of Lot 30, COUNTY AUDITOR'S PLAT NO. 8, Washington County, Minnesota. Contains 18,155 Sq. Ft., or 0.42 Acres, more or less. Tract B: That part of Lot 29 Iying north of the South 46.00 feet thereof, COUNTY AUDITOR"S PLAT NO. 8, Washington County, Minnesota. Contains 11,760 Sq. Ft, or 0.27 acres, more or less. By dividing the property along the proposed line, CLC is retaining full ownership and maintenance responsibility of the rain garden installed at the property in 2011. If the requested variance and minor subdivision is granted by the city, CLC is willing to allow the potential buyer of Tract A (and future owners) use of the parking lot during normal business hours as needed. This is consistent with the current use of the property, which is often used as a convenience parking lot by area residents and visitors, and the proposed variance and minor subdivision will not alter the essential character of the neighborhood in any way. CLC is looking forward to working with the City of Lake Elmo on this issue to facilitate the potential sale of the commercial building property (Tract A) and return it to the tax rolls. Please find attached the completed Development Application Form, verification of ownership, updated survey, application fee, and associated materials. If you have any questions please contact Jim Kelly at 651-201-4910 or Tim Beres at 612-940-8891. Richard Sluss Congregation President Christ Lutheran Church . THE KUCDOVVEi1AGENCY, INC. |wv,o/s^,mmmPRE-EMPLOYMENT SCREENING Mr. Kyle Klatt City of Lake Elmo Planner 3OOOLaverne Avenue North Lake Elmo, MN 55042 Re: The McDowell Agency, Inc. Purchase of3549Lake Elmo Avenue Property Dear Mr. Klat: We have been in discussions to purchase the property noted above, A key factor in our discussions has been the parking lot. Our business does not need the additional parking and removingthis from the purchase is a strong motivator for moving this matter forward. if you have any questions for me or if I can be of additional assistance please feel free to contact nneatany time. Thank you for your time and consideration. Sincerely, Robert McDowell I7I4UNIVERSITY AVENUE WEST ~5cPxuL,K4N551O4 6S1'644'380O°FAX: 651'644-3877 wm/w.modoweUagency.com 7 7 t5 A =4" LEGEND 0000TECIED WARM MIR PROTECROWE0,10 f401MOWATEMIAM 1+40001-1.100000 0.14/4(0046We 78 7 ,818 32 Li I NORTH I F. Ere,. #50fsat - 3 „I 18888 9 t 15 8 ..322 Z s ;-- - 8 )•.!. _ 1.4 8 -82 23 = g z 0 20 0.= 8 = 3 '-tkOk:1" C--) 0 8 NORTH 87 27 4 10 PART OV LOT AC 09 VVN - NO 133 h. 3.0 1410 Nk % AZIOVNTYMIMAINIMANORAWA040.11.1 = = = 0 10 OR 81., 2000 .788 22 2' N, 0000 6 Mt' Mar a A =MOON ANO AEMAXAVICA, OA &NO MOM AS MAY APPEAA 14 VAA06 WAS:400i C0410 afrES WASIOOTCW COLNTY 6 POT RETPORME 6:0 ANY AVAZURACJES AdANAS00S000 04 74 01 WIXOM!. CHMA NAVE INFAA *POMO WAWA CATEOACOMPS 00100 tbilEar PROTCCAOWV, *v. • f 36TH STREET NORTH :::=•-• TRACT A -- , E . — LL**, ******* LP' *111LE**ILL ,L***,S 1**..1*.L.L.FILP ..._ *1111.,,L111-1111.11 N 11********1**** 1***********.111-1.1 *v**.tarnarr4 IL, *es: *-2*•12 Christ Lutheran Church PO Box 310 lake Firm), M*15r,0-12-031 ,1*** txr. *OW* .111.*****L • *******L.** iL***130S, Certificate of Survey 3549 Lake Elmo Ave, N. Lake Elmo, MN 55042 V 1 *** L*** Date: 1-10-13 Attn: Kyle Klatt, Planning Director RE: Public Hearing for Variance request by Christ Lutheran Church From: Kathy Weeks, 3647 Lake Elmo Ave. N. Dear Mr. Klatt, I respectfully request the City of Lake Elmo deny the variance request of Christ Lutheran Church to subdivide the parking facilities of the commercial property of 3549 Lake Elmo Ave. N. I have no malice towards the Church, but I believe the City would not be acting in the best interests of the tax payers of Lake Elmo to make a commercial building non -conforming and therefore devalue it. I'm not sure, but wouldn't the city have to rezone the parking area to Public Facilities? If so, that would take the parking lot area out of the commercial zone and for sure commercial use, taking the commercial tax rate out of the City's tax roll, making less tax dollars for the City to use. I don't agree with that type of planning. I believe that this commercial property would be less valuable to a potential buyer/owner if they did not have enough parking for their employees and customers, and/or have to 'rent' their parking from the church. I live next to the Church, and it appears for most days that the Church patrons only need extra parking on Sundays and during funerals. Therefore, most days of the week the parking lot would remain unused. A potential solution: The city owned property kitty-corner to the church, at 3585 Laverne Ave. N. Lake Elmo Regional Art Center, could perhaps be sold to the church, the property is already zoned Public Facilities(?), the house sold and moved, and a parking area created for the church. 1 don't know if the city is allowed legally to make such a transaction, but it may be an option to investigate -just my 2 cents. In conclusion, my points are: 1. Making a conforming commercial building into a non -conforming property is in conflict with the best interests of the City. 2. Making a commercial property non -conforming devalues the property, which is not in the best interests of the tax payers. 3. The demand for use of the parking area by the church seems less than the demand for use by the potential building owner and future commercial business. Please consider my comments when making your recommendation to the Planning Commission on Monday evening. Thank you! Kathy Weeks 3647 Lake Elmo Ave. N. AKE ELM() MAYOR AND COUNCIL COMMUNICATION DATE: 02/05/2013 REGULAR ITEM #: 13 MOTION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: Contractor Licensing Program Rick Chase, Building Official Dean Zuleger, City Administrator Kyle Klatt, Planning Director Nick Johnson, City Planner SUMMARY AND ACTION REQUESTED: In order to more effectively regulate that building activities in Lake Elmo are undertaken by professional and competent contractors. Staff recommends improving the existing contractor licensing program. These improvements include licensing additional trades or types of contractors to cover a wider array of project types. STAFF REPORT: The licensing of contractors working in Lake Elmo is in the public's interest and provides the residents with an additional level of protection and competence not currently available. The program is intended to protect the residents of Lake Elmo by promoting quality and ethical practices in construction. The City Council reviewed the proposed at the meeting on January 15, 2013, and decided to postpone the item to allow for further clarification and discussion. Resulting from the discussion between members of the Council and Staff, some changes were made to the original draft ordinance. These changes include the following: Asphalt/concrete and landscaping work no longer requires a contractor license. Work within the City's right-of-way (ROW) requires a license, which is consistent with the City's ROW Permit application. Property owners who are conducting plumbing work on their property, language removed. RECOMMENDATION: Staff recommends that the Council approve the proposed additions to the City's contractor licensing program with the following motion: "Move to approve Ordinance 08-68, thereby establishing an improved contractor licensing program to set minimum standards related to competency and prqfessionalism in construction activities in Lake Elmo, MN." Staff further recommends that the City Council adopt Resolution No. 2013-08 authorizing summary publication of Ordinance 08-68. This requires a 4/5 vote for passage. ATTACHMENTS: 1. Ordinance 08-68 2. Resolution 2013-08 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-68 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY ESTABLISHING LICENSING REQUIREMENTS FOR CONTRACTORS TO ENSURE COMPETENCY AND PROFESSIONALISM IN CONSTRUCTION ACTIVITIES IN LAKE ELMO, MINNESOTA. SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XI: Business Regulations; Chapter 115: Building Contractors, by adding the following language: 5115.01 POLICY. It is deemed in the interest of the public and the residents of the city that the work involved in building, alteration, construction, and the installation of various appliances and service facilities in and for such buildings be done only by individuals that have demonstrated or submitted evidence of their competency to perform such work in accordance with applicable codes and ordinances of the city regulating the same. 5115.02 LICENSE AND PERMIT REQUIRED A. License Required 1. No person, firm or corporation shall operate, maintain, conduct or engage in the following businesses or work, except in accordance with state statutes, this code and other applicable ordinances of the city. a. Demolition- Residential. Dwelling, Commercial Structure b. Driveway c. Excavation d. HVAC e. Irrigation f. Sewer line installer g. Water line installer h. Sign Installer i. Right of way 2. This subsection shall not be construed as preventing any such qualified licensee from performing the work by an employee under his/her supervision and control, or by contract with another person qualified to perform the same; provided that the contractor is subject to the control of the licensee, and the licensee is at all times responsible for the work performed. A contractor not subject to the control of a licensee shall be required to obtain a license. B. Permit Required. For each of the businesses or occupations listed in subsection Al of this section for which the State of Minnesota provides for the registration thereof, permits shall be granted only to holders of a state or city license; except that the owner of any property may perform work when work is performed in accordance with the codes and ordinances of the city, and for such purpose, a permit may be granted to such owner without a licensed obtained. §115.03 APPLICATION FOR LICENSE; INSURANCE REQUIREMENTS; ISSUANCE OR DENIAL A. Contents of Application; Insurance: 1. Applications for a license shall be made on forms provided by the city clerk. On such form, the applicant shall state the following information: a. His/her name, and business and home address; and if the application is made on behalf of a partnership, association or corporation, the name and address of such partnership, association or corporation, and the phone number of the contact person. b. If the proposed licensee is a partnership, the name and home addresses of all partners; or if the proposed licensee is an association or corporation, the names and home addresses of its principal officers and managers and of the owners (not to exceed 10) or the largest shareholders of the business or enterprise. c. Such information as is required to be furnished by ordinance or is reasonably required by the city clerk or other applicable city departments. 2. The application shall include documentation indicating insurance coverage, which shall remain in effect during the license term, and non -cancellation provisions, which provide a minimum of thirty (30) days' notice to the City prior to cancellation, as follows: a. Comprehensive general liability insurance not less than one hundred thousand dollars ($100,000.00) for injuries including accidental death to any one person, and subject to the same limit for each person in an amount of not less than three hundred thousand dollars ($300,000.00) on account of any one accident; b. Property damage insurance not less than fifty thousand dollars ($50,000.00) for each accident and not less than one hundred thousand dollars ($100,000.00) aggregated; and c. Workers compensation insurance coverage of employees as required by State law. B. Signatures Required. The proposed licensee shall sign the application; or if the proposed licensee is a partnership, an association or corporation, at least one person having power under its bylaws to execute contracts of the association or corporation shall sign. C. Renewal Applications. Applications for renewals of licensee may, in the interest of brevity, substitute for any required information a reference to statements contained in previous applications, which are on file with the city. D. Issuance of License. The license shall be granted by the city clerk, after investigation and positive recommendations from applicable city staff, upon proof of the applicant's qualifications, and compliance with section 115.04 of this chapter. E. Denial of License; Appeal. In the event the city clerk determines that the application does not comply with the ordinance criteria, the report and recommendation of the city clerk and applicable staff shall be referred to the city council, together with the reason or reasons for the proposed denial. A copy of the recommendation shall be supplied to the applicant. The applicant may appear before the city council to respond to the recommendation of denial. The city council shall make the appropriate findings and either issue or deny the license application. 5115.04 STANDARDS FOR LICENSE ISSUANCE; TERM A. Standards for Issuance Generally; Term. Licenses and renewals thereof shall be issued after an investigation and verification of the applicant's qualification and record in the performance and operation of the types of work for which the applicant seeks a license. Licenses shall be issued for one calendar year from January 1 through December 31. New licenses will run from date of issuance through December 31. B. Investigation. All applications for license may be referred to the director of public safety for verification and investigation of the facts set forth in the application. Investigations may include, but not limited to, a driver's license and want/warrants check and/or a criminal history records check on the applicant. The director of public safety may cause to be made such investigation of the information requested in section 115.03 of this chapter. C. Standards for Denial. Licenses and renewals therefore may be denied by the city council for any of the following reasons: 1. Failure to complete the application or file the required license fee or insurance policy. 2. Misstatement in the application. 3. Failure to comply with special conditions required by statue or ordinance for issuance of a license. 4. Violations of licensing ordinances by applicant, or suspension or revocation licenses held by the applicant in the city or elsewhere. 5. Violation of any state statute or city code provision which creates a threat to the public peace, health, safety and welfare. 6. Disregard and violation of the building, housing, sanitary, health, and fire laws of the state, county, or city. 7. Any conduct which is contrary to the public interest, including, but not limited to, fraud, misrepresentation, or other dishonest or deceitful conduct. §115.05 LICENSE FEE; EXEMPTION. The annual fee for license shall be established by ordinance of the city council from time to time. No license fee shall be required of any person, firm or corporation, pursuant to this section, who, by state law, is required to attain standards of competency or experience as a prerequisite to engaging in such craft or profession; provided that the person shall provide evidence to the city that the individual, firm or corporation has a license in good standing from the state, and further provides proof of insurance in effect through the term of license issued by the state. 5115.06 SUSPENSION OR REVOCATION OF LICENSE A. Grounds for suspension or revocation. If any licensee violates or is in default of complying with any condition, requirement, duty or rule of conduct imposed on him/her by any statue or ordinance, or if any one or more of the following conditions exist, the city clerk may initiate proceedings before the city council to suspend or revoke the licensee's license: 1. If the applicant for a license or renewal thereof knowingly made any false statements in the application for a license. 2. When the applicant has violated any state statute or city code provision which creates a threat to the public peace, health, safety and welfare. 3. When there is disregard and violation of the building, housing, sanitary, health and fire laws of the state, county or city. 4. For failure to notify the city of any change in control of ownership, management or business name or location within thirty (30) days of such change. 5. Conducting a building contracting business in any name other than the one for which the contractor is licensed. 6. Any conduct which is contrary to the public interest, including, but not limited to, fraud, misrepresentation or other dishonest or deceitful act. B. Procedures for Suspension or Revocation. Procedures for suspension or revocation shall be as follows: 1. The licensee shall be provided with notice of the reasons for any proposed suspension or revocation. The notice shall provide the licensee with an opportunity to explain the rationale for the proposed suspension or revocation. 2. The licensee shall be notified in advance of the date, time, place and purpose of the council meeting where the action on the license will be considered. The licensee shall have an opportunity to be heard at the meeting. After making appropriate findings, the council may continue the license in effect, impose conditions on the license or revoke the license. 5115.07 EXEMPTIONS FROM PROVISIONS. No license will be required under this chapter in the following circumstances: A. For public service corporations performing work upon or in connection with their own property, except as may be provided by other provisions of this code. B. For manufacturers for work incorporated with equipment as a part of the manufacturing, except as provided in other provisions of this code. 5115.08 EFFECT ON LIABILITY. This chapter shalt not be construed to affect the responsibility or liability for any party owning, operating, or installing the work described in this chapter for damages to persons or property caused by any defect therein, nor shall the city be held as assuming any such liability by reason of the licensing of persons engaged in such work. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 08-68 was adopted on this fifth day of February 2013, by a vote of Ayes and Nays. LAKE ELMO CITY COUNCIL Mike Pearson, Mayor ATTEST: Adam Bell, City Clerk This Ordinance 08-68 was published on the day of , 2013. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2013-08 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-68 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-68, an ordinance to add Chapter 115 — Building Contractors; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-068 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. 08-68, which represents a revision to the City Code, specifically establishing additional licensing requirements for contractors to ensure competency and professionalism in construction activities in Lake Elmo. The adopted additions include: • Specification of what types of work require contractor licensure • Specification of what types of work require city licensing • Process and requirements for obtaining a contractor license • Suspension and revocation of license procedures • Fees and exemptions from the provisions. The full text of Ordinance No, 08-68 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. Page 1 of 2 Resolution 2013-08 Dated: .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 fbllowing voted against same: Whereupon said resolution was declared duly passed and adopted. Page 2 of 2 Resolution 2013-08 K E NI 0 MAYOR AND COUNCIL COMMUNICATION DATE: 2/05/2013 REGULAR ITEM #: 1 4 MOTION AGENDA ITEM: Approval of City Credit Card Policy SUBMITTED BY: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger. City Administrator SUMMARY AND ACTION REQUESTED: Approve the Credit Card Use Policy for the City of Lake Elmo to document the rules and expectations for City card users. BACKGROUND INFORMATION: Historically there was one City credit card that was used for all City purchases. This made it very difficult to pay for many incidental charges which are approved in the budget and necessary in the day to day operations of the City (i.e. ordering or picking up supplies and parts, on-line conference enrollment, business related travel, etc.). The policy outlines that all members of the City Management team would have their own independent cards which would roll up into a global City account so that each user would be clearly responsible for their own expenditure activity. These cards will be obtained through Lake Elmo bank and as such there will be no annual fee or cost to the City. RECOMMENDATION: It is recommended that the City Council approve the Credit Card Policy so that all credit card users clearly understand the responsibilities that go along with their use of those cards and sitm an acknowledgement form to document their acceptance of those terms: "Move to approve the Lake Elmo Credit Card Policy dated 2/5/2013" CREDIT CA USE POLICY (Effective 2/5/13) As per MN Statue 471.382. the Lake Elmo City Council may authorize the use of a credit card by any City officer or employee otherwise authorized to make a purchase on behalf of the City. If a City officer or employee makes or directs a purchase by credit card that is not approved by the City Council, the officer or employee is personally liable for the amount of the purchase. All purchases by credit card must otherwise comply with all statues, rules, and policies applicable to City purchases. The City Council shall approve the establishment of all credit card accounts. MN Stat 412.271 subd 2 MN Slat 471.38 subd 1 Bills from credit card companies do not contain the detail necessary to satisfy the requirement that claims presented to the City for payment must be in writing and itemized. Therefore, invoices and receipts for all items charged must be retained. A list of all credit card charges will be included with monthly expenditures for council review and approval. MN Stat Cb 475 Credit card use must also comply with laws concerning borrowing. Credit cards will not be used for carrying debt. The entire card balance shall be paid in full each month. City employees authorized to use the City of Lake Elmo's credit card(s) include the following positions: City Administrator, City Clerk, Finance Director, Public Works Superintendent, Planning Director, and Fire Chief Purchases must be within the authorized/approved budget or prior Council approval is required. Only City employees are authori2ed to use the City of Lake Elmo's fuel credit card(s). Purchases shall be for vehicle fuel, oil and other items related to the operation of the vehicle or that department. Each employee will sign the sales slip and indicate the vehicle and/or department that the purchase applies to. No employee will intentionally use a City credit card for personal purchases. Supporting documents and/or invoices will be submitted to the Finance Department to be reconciled with the credit card statement and attached to the claim for payment processing within 5 business days of the purchase. Department Heads shall review all credit card purchases (not including gas card purchases) made on behalf of their department and recommend or deny approval for a payment. The Finance Department shall keep a record of all persons issued a credit card or having authorization to use a City credit card. Authorized persons will receive. sign and file an acknowledgement fonn regarding credit card use. See attached. Dated: Mike Pearson, Mavor Attest: Dean Zuleger, City Administrator CREDIT CARD POLICY' ACKNOWLEDGMENT The City of Lake Elmo is authorizing you to use one of its credit cards on its behalf It is important that you understand the rules regarding its use. If the rules are not followed the City may cancel the card and you may be personally liable for any misuse and/or unauthorized charges. Date: Credit cards may only be used for appropriate City business. Intentional personal use will be grounds for discipline. The credit card shall not be used to obtain a cash advance The credit card must be protected from theft or unauthorized use. The City Finance Department must be notified immediately if the card is lost. stolen or if you suspect unauthorized use. Department Heads must be sure there are budgeted funds available to pay for credit card purchases. Receipts or invoices for each credit card use must be signed and submitted within 5 days to the City Finance Department for processing. The City will not be responsible for interest charges accrued due to delayed submission of receipts and payment requests. Any interest charges due to delayed submissions will be the personal responsibility of the Department Head. I have read the above statements and the attached Credit Card Use Policy and agree to abide by its contents. Signature 1., CREDIT CA POLICY ACKNOWLEDGMENT The City of Lake Elmo is authorizing you to use one of its credit cards on its behalf. It is important that you understand the rules regarding its use. If the rules are not followed the City may cancel the card and you may be personally liable for any misuse and/or unauthorized charges. Date: Credit cards may only be used for appropriate City business. Intentional personal use will be grounds for discipline. The credit card shall not be used to obtain a cash advance The credit card must be protected from theft or unauthorized use, The City Finance Department must he notified immediately if the card is lost. stolen or if you suspect unauthorized use. Department Heads must be sure there are budgeted hinds available to pay for credit card purchases. Receipts or invoices for each credit card use must be signed and submitted within 5 days to the City Finance Department for processing_ The City will not be responsible for interest charges accrued due to delayed submission of receipts and payment requests. Any interest charges due to delayed submissions will be the personal responsibility of the Department Head. I have read the above statements and the attached Credit Card Use Policy and agree to abide by its contents. Sig.nature i (17'1' k E ELMO MAYOR & COUNCIL COMMUNICATION DATE: 2/05/2013 REGULAR ITEM #: 15 MOTION AGENDA ITEM: Re -designation of Park Commission Members SUBMITTED BY: Dean Zuleger, City Administrator THROUGH: Mayor Pearson REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REOUESTED: To elevate Park Commission Alternate Member Shane Weis to a Regular Standing Member for the purpose of serving as Chairman and assigning Park Commission Regular Member Judith Blackford to Alternate Member. BACKGROUND INFORMATION: At the January 22, 2013 Lake Elmo Park Commission meeting, no regular member of the body wished to assume the Chairmanship for outgoing Pamela Hartley. However, alternate member Shane Weis agreed to Chair the Commission if eligible. To facilitate this change in office. regular member Judith Blackford gracefully agreed to assume Shane Weis's alternate status. The Park Commission then unanimously voted for Shane Weis as Chairman of the Park Coinmission. STAFF REPORT: As it is the Mayor's purview, with Council affirmation to appoint Park Commission members, it appropriate for the City Council to affirm the administrative action of the Park Commission to elect Shane Weis as Chairman as a regular member and to affirm the re -designation of Judith Blackford as an Alternate Member. RECOMMENDATION: Based upon the background information presented, the staff recommends that the City of Lake Elmo City Council: -- page 1 -- City Council Meeting February 5, 2013 [Regular ,,Igeila hem I:7 Motion: To affirm the Park Commission re -designation of Shane Weis as a regular member of the Park Commission hereby allowing him to assume the role of Chairman; To re -designate Judith Blackford as an alternate member of the Park Commission. SUGGESTED 0 ER OF BUSINESS: - Introduction of Item .......... . ....... ................. .......... .......... .. - Report/Presentation ........ ...... .. - Questions from Council to Staff ................................... ... Public Input, if Appropriate .................. ..... ....... ....... ........ Call for Motion ........ ........... ....... ........... . ......... ...... Discussion.................... ....... ........ ........ ............ ...... ...... . Actionon Motion ......... ........... ................................ ...... .. ... City Administrator ..... City Administrator .. Mayor Facilitates ....... Mayor Facilitates Mayor & City Council Mayor & City Council ..... Mavor Facilitates -El ( Try ( KE El ,M0 AGENDA ITEM: SUBMITTED BY: MAYOR AND COUNCIL COMMUNICATION DATE: REGULAR ITEM # MOTION Adoption of the Administrative citation fee schedule Rick Chase, Building Official THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Kyle Klatt, Planning Director Nick Johnson, City Planner 02/05/2013 16 SUMMARY AND ACTION REOUESTED: Section 10.99(E)(2) of the Lake Elmo City Code requires the adoption by resolution of a schedule of fines for the administrative citation program. The administrative citation language was adopted in July of 2010. The action requested is intended to implement the administrative citations program by adopting the associated fee schedule. STAFF REPORT: The proposed fee schedule of administrative fines considers the type of violation, the severity, and the number of times the property is non -compliant within a year period. As certain properties continue to remain in a state of non-compliance, fines may increase depending on the context of the violation and period of non-compliance. The increase of fee is to help reduce the number of repeat offenses by the same owner. The administrative citation ordinance was adopted by the City Council in July of 2010 as a means to address property maintenance and safety issues. RECOMMENDATION: Staff recommends that the council move to approve the proposed addition to the city code with the JOIlowing motion: "Move to approve Resolution 2013-09, thereby approving the administrative citation fee schedule." ATTACHMENTS: 1. Resolution 2013-09 2, Administrative Citation Fee Schedule SUGGESTED ORDER OF BUSINESS: - Introduction of ltem........... ...... .......................... ...... ................... City Administrator Report/Presentation................ .......... ....... ....Planning, Director - 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 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2013-09 A RESOLUTION ADOPTING THE ADMINISTRATIVE CITATION FEE SCHEDULE FOR THE CITY OF LAKE ELMO. WHEREAS, the City of Lake Elmo adopted an administrative citation program in 2010 to address property maintenance and safety concerns. VVHEREAS, the City of Lake Elmo is required to adopt a fee schedule for administrative citations per 00.99 of the Lake Elmo City Code. NOW, THEREFORE, BE IT RESOLVED the Lake Elmo City Council adopts the fee schedule for administrative citations. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS 5TH DAY OF FEBRUARY, 2013. By: ATTEST: Adam Bell City Clerk Mike Pearson Mayor RESOLUTION 2013-09 1st offense 2nd offense 3rd offense 1st offense 2nd offense 3rd offense THE CITY OF LAKE ELMO ADMINISTRATIVE CITATION FEE SCHEDULE Fines for General Code Violations are as follows; $100.00 for each violation $200.00 for each violation within one year from the first citation $500.00 for each violation within one year from the first citation Fines for Building and Safety Code Violations are as follows; $100.00 for each violation $500.00 for each violation within one year from the first citation $1000,00 for each violation within one year from the first citation 41h offense or subsequent offenses may be subject to criminal prosecution or any other legal remedy available to the City. An administrative citation may also be issued independently or concurrent to any other legal action taken by the City. Ti IF CITYOF l-cE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 02/05/2013 REGULAR ITEM #: 17 MOTION Ord. 08-069 AGENDA ITEM: Adoption of Amended 2013 Fee Schedule; Ordinance 08-069, An Ordinance Amending Schedule of Municipal Fees for Services SUBMITTED BY: Adam Bell, City Clerk THROUGH: Dean A. Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: Due to changes approved by Council to the Lake Elmo City Code, it is necessary to amend the City's fee schedule regarding services the city provides. The City Council is requested to consider approval of Ordinance 08-069, An Ordinance Amending Schedule of Municipal Fees for Services. STAFF REPORT: It is incumbent upon the City to continually and regularly review the Municipal Fee Schedule to ensure that it is in compliance with the state and local law. Please find the proposed 2013 .Arnended Fee Schedule prepared with input from staff reflecting the most current city licensing, permit fees, and service costs. The fee schedule revisions and amendments being proposed reflect the following changes from the previous version of the City of Lake Elmo Fee Schedule: Contractor Licensing Changes • Update the Fire Inspection fees • incorporation of Administrative Citations RECOMMENDATION It is recommended that the City Council affirmatively consider adopting Ordinance No. 08-069 approving the 2013 fee schedule. The suggested motion to do so is as follows: "Move to adopt the attached Ordinance 08-069, An Ordinance Amending Schedule of Municipal Fees Or Services, as presented herein." Alternatively, the City Council does have the authority to further discuss, deliberate and amend this proposed schedule. prior to taking action. While tabling this action is not recommended, if changes are made by the Council, the appropriate action following such changes would be: "Move to adopt Ordinance No. 08-069 approving the 2013 Fee Schedule, as presented land modifiedf herein." ATTACHMENT: 1) Ordinance 08-069, An Ordinance Amending Schedule of Municipal Fees for Services 2) 2013 City of Lake Elmo Fee Schedule 3) Fee Modifications Summary SUGGESTED ORDER OF BUSINESS: Introduction of Item ....... ....... Report/Presentation... ............ Questions from Council to Staff Public Input, if Appropriate ....... Call for Motion ................ ....... Discussion ...... .............. . ..... Action on Motion....... ..... . ....... .... . ....... ...... ......... ...... ........ City Administrator . .......Finance Director ......... ..... ........ ......... .............. Mayor Facilitates ..... . ..... ................. Mayor Facilitates ....... ........... Mayor & City Council ......... ....... ................... Mayor & City Council ........... ......... .......... ........... Mayor Facilitates CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA ORDINANCE NO. 08-069 AN ORDINANCE SETTING MUNICIPAL FEES FOR CALENDAR YEAR 2013 The Lake Elmo City Council hereby adopts the following fee schedule for calendar year 2013 and directs that it be added to the Lake Elmo Municipal Code as Appendix A. Appendix A — 2013 Fee Schedule ADOPTION DATE: Passed hy the Lake Elmo City Council on the 5th day of February, 2013. CITY OF LAKE ELMO By: ATTEST: Adam Bell City Clerk Mike Pearson Mayor EFFECTIVE DATE: This ordinance shall become effective immediately upon adoption and publication. PUBLICATION DATE: Published on the day of 2013. ORDINANCE 08-069 APPUCAT|ON/FEE/PERMIT TYPE Accessory Bldg forward ofPrimary Structure (§154.092) AVnnini^�ra�k'eO�nUnns --- General Code Violations: 1^offense 2^^offense within one year from the first citation -3 r d offense within one year from the first citation City of Lake E| Schedule 2013 IVO0Uper violation , �$20lODper violation !$580.OVper violation ! . 4*ofhenvyorsvhsequentnffensesmayhembjecttooimina|pnaeovhonoranyc¢her legal remedy available to the City. An administrative citation may also be issued independently o,concurrent toany other legal action taken hythe City. Building and Safety Code Violations: l*offense $lUOlNper violation � Z offense within one year from the first citation i$5OOl0per violation 3'doffense within one year from the first citation �$lOV0.0Oper violation 4 t h offense or subsequent offenses may be subject to criminal prosecution or any other legal remedy available to the City. An administrative citation may also be issued independently orconcurrent toany other legal action taken hythe City, Amateur Radio Antenna $875.00 Appeal (to Board mfAdjustment and Appeals) $150.00 Assessment Search $15.00/search Building Demolition � Residential $200I0 Commercial $30 J0 Burning Permit Residential / $45�00 Commercial $80.0 Illegal Burn see notes 'f ESCROW OR ADDITIONAL CHARGE Plus $5INSurcharge (State Mandated) DEPARTMENT Planning Administration Administration Administration Administration Administration Administration Building Building Building Building Building Planning Administration Administration Administration Building Building Fire Fire Re Additional fees may be incurred based onWash. [ty, [hief's he |ohedu|eand # of resoondinF-units Fire Certificate ofZoning Compliance Planning Accessory Structures <IZO5F $75l0 Planning Fence (less than 6') $75�00 Planning Swimming Pool $75�00 Planning Comprehensive Plan Amendment $1/300.00 _ �� Planning C'tw of Lake E| Schedule 2013 APPLICATION/ FEE/PERMIT TYPE I813FB New ' $1'050,00 Amended | $500.00 Contractor License Fees Demolition $50i00 Driveway $50�00 Excavator $50.00 HVA[ $50.00 Irrigation $50.00 Sewer/Water Line Installer 550.00 Sign Installer $5010 Solid Waste Hauler $12l00 Tree Contract $70L00 | Copy Services (Pape,/Electrnn|d / Cop|es(B&VV) $U.2Sper page Copies (Color) $0.5Oper page _Copies (D&VV)1Ix17 $1.0Uper page Copies (Colo r)llxI7 $Z.0Oper page � � G|SScaled Aerial $1510 City Street Maps (36x4O) $20-00 Existing Mops 55.00 Custom (Per Hour Rate) $7010 Plan Size Maps (Larger than 11xl7) $20I0 Development Standards Specs/Details $55-00 Code Book $160.00 Code Book Sections l,2'4`6'l2,l4 S12�00 Code Book Section 3 $52.00 Code Book Sections 5&13 $27�00 Comprehensive Plan $125.00 OP Ordinance $12�00 Parks Plan $8000 Culverts inDevelopments with R�ra|5p��ion $l6O/0 — —Daycare Inspection Fee $60,00 Dog License $2000 ESCROW ORADDITIONAL CHARGE = it: it: =,v=v"."".+"`.w.,°"""=:>,"c L="°+`,"""°"."u"" I Plain Ordinance Fee Escrow $500.00. Plus $5l0Su/charge (State Mandated) Plus l%ofValue. Minimum $100.00 DEPARTMENT 'Planning | Planning Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Administration Administration Administration Administration Administr don \ /�dministedon� Administration Administration _ Administration Administration Administration Administration .Administration Administration Administration Administration Administration Administration Administration Fire Licensing 2 - i\|\[|".—`k> — -'tw APPUCATK}N/FEE/PERMIT TYPE Service Dogs License (Dogs with special training tnassist individuals with disabilities) Duplicate License orTag First Impound- Unlicensed Dog First |mpound'Licensed Dog _ First Impound- Cat Subsequent dog/ cat impound Driveway Residential Commercial Easement Encroachment Electronic Fund VVithdravvKDiUPayment Erosion Control Re -inspection Fee (portal toportal from City Hall: l Hr.nin) Exzavating& Grading a5Ocubic yards, upto4O0cubic yds � Excavating & GnyWnQ4nUcubic yards False Alarms (12 Month Period)* (°I'3nochorgo/ Residential 4'6 False Alarms In Excess of False Alarms Commercial 4-6 False Alarms In Excess of False Alarms Fire Alarm Systems (new nrrework including low voltage syqem$ Flood Plain District Delineation Fuel Tank Remove!(Un�er�,ound) (Underground) Fuel Tank Install HVAC Residential | %O13FEE $IO0 $l.00 $60,00 $42.00 $42.00 $85�O0 $70.00 $160.00 $100,00 Fee +Trans. Cha/Ke - $5O.0Operhour $125.00 $18SJ0 $3lSI0 $52[\00 ESCROW OR ADDITIONAL CHARGE All impound Fees plus $ZO/dayBoarding Fee Staff & Recording Fee �$5'00000lecudt - DEPARTMENT Licensing Licensing Licensing Licensing Licensing Licensing Licensing Planning Planning Planning Planning Administration Engineering Engineering �Security $50I00 Engineering $500.00 fee escrow plus security $1,500.00 per acre with $1,500 'minimum. l2%ofvalue Plus $5.00Suuharge| Minimum $lOO $500.00 $100,00 2Y6o/value ofwork $60.00/unit Commercial $60,00/unit Plus $5.0OSurcha�e (State Mandated) � � Minimum$0O.VO Upto3 units, max fee $180.00p|us $I00Surcharge (State Mandated) Up to 3 units or 1% of total vx|uphnn' whichever is greater. Plus _ Surcharee(State YMandated) Engineering Fie Fire Fire Fire Fire Fine Fire Fie Planning Administration Administration Administration Building Bui|dinO Building 3 !it �v | .\}|!� [� K`'fw of Lake El Schedule 2013 APPLICATION/FEE/PERMIT TYPE 2013F[[ ESCROW ORADDITIONAL CHARGE DEPARTMENT Interim Use Permit (IUP) Fee Renewal A5Sa|es/Entertainment Liquor License Club On -Sale Intoxicating 0n'Sa|e|nkm)cahng ' Off -Sale Intoxicating Off -Sale Non -Intoxicating On -Sale Intoxicating- 2nd Building�_ On-Sa|e Non -Intoxicating On -Sale Investigation On -Sale Sunday Intoxicating Temporary Non -Intoxicating Wine Lot Line Adjustment Manufactured Home Parks � Fee New Move home out ofthe city Move home into the city — —'— KnassaDeTherapyPrem|sesiicense Application Fee Investigation Fee Massage Therapy Practitioner License Application Fee _ ' Investigation Fee — Massage Therapy Premises License Renewal Massage Therapy Practitioner License Renewal 'Massage Therapy License Amendment Minor Subdivision | $1,050,00 $3O0-00 $10O0O $l'5OO.00 $ZOO-O0 $l5O.O0 $750.00 $100,00 $}5O.00 $200.00 $25,00 $300,00 $325.00 $50.00 $2500 $50.00 $2SI0 $50.00 $525,00 Moving House or Primary Structure into City $520-00 Plus $2,5OO.0OFee Escrow Plus $5.0VSurcharge (State Mandated) Plus $S.O0Surcharge (State Mandated) r—- Mus security w/amountV/ be determined bythe City �wkecommendadonfrom buiWinnofficial Planning Planning Planning Planning Licensing Licensing Licensing Licensing - Licensing �-' Licensing Licensing Licensing c n#� Licensing Licensing Licensing Planning Planning Planning Planning ,Building 8 i|di | u nA Licensing Licensing Licensing _ Licensing Licensing Licensing Licensing Lice nn in O' Licensing Planning ,Administration 4 APPUCAr|0N/F[E/PERMITTYPE Moving Accessory Structure into City Other |ns cdnn�andFees � � Inspection outside ufbusiness hours ReinspechnnFeesAsussed � Inspections with nofee assigned Construction Escrow Cancelled Permits Work without Permit Park Dedication (up to3 lots) Parking Lots New Commercial Existing Commercial Platting � � Sketch Plan Review (Subdivision) Concept Plan (OP Development) Pe|iminaryP|a�(andUPPeUninaryPbn) Final Plat (and OP Final Plan) Planned Unit Development - General Concept Plan - Development Stage Plan Final Plan Plumbing Residential Commercial Pdxa�eAoads(Pennbtedon�inAGrone) '-_- _ Restrictive Soils and Wetland Restoration Protection and Preservation Permit Retaining Walls over 4' Right -of -Way Permit City of|ak E| Schedule 2013 | _ 2Q13FEE $7DJ0(2Hr. Minimum) $5O.00per hour $5U.0Vper hour $5,000.00 $25.00 see notes $3,600.00 per lot ESCROW ORADDITIONAL CHARGE iP|us security tobedetermined bythe City w/recommendaUon | .from bui)dinnofficia| Ordetermined byBuilding Official Investigative fee tpequal pennit/ee � Four ormore lots per §I53.14 $175.00 '$5UOFee Escrow. Security $lGO000per acre with $1,5OV.OD $200.00 minimum. $QlOO/unit $60.00/uni\ $l5O�OO $800�OO - 1 $2,Q08.0OFee Eon�� --- ----- .$5'V000OFee Escrow $8,D00OOFee Escrow (City will retain escrows to reimburse review costs of development review) $2,OUO.0OFee Escrow $5'0OV.00Fee Escrow $8'O00.0OFee Escrow ' DEPARTMENT ,Administration Building Building Building Building Building Building 'Building 'Planning � |Engineering Engineering Engineering Planning Planning Planning Manning nreach stage Planning Planning Planning Planning Planning (City will retain escrows toreimburse review costs for each stage o[development review) Planning Administration Upto3 units, max fee $lO0.80Plus $5.00Surcharge (State Mandated) Upto3units orl%n(total valuation, whichever isgreater, Plus Su/zharpe(State Mandated) | | $1,S0lUOFee Escrow Plus $I00State Surcharge Building Building _ �Engineering Planning Building / |Enginee/inK 5 APPLICATION/FEE/PERMIT TYP[ � Annual Registration � GoovadonPermit ' Joint Trench Permit (per |c�pnr utility) ----' - Obstruction Permit ' Permit Extension Delay Penalty (per calendar day) Roofing SAC Charge (per R[Cunit) (Sewer Availability Charge) Scaled Aerial Drawing ' �Sewer Connection Charge _ Sewer Lateral 8eneUtCharge Sewer Rate -- 2O1Off-Site Maintenance Fee -- Siding Signs Permanent ----' ' Temporary Temporary Renewal Re -inspection Fee Site Plan Review . - Special Event Permit �-'t �| � ��| Schedule ^� | '�� v~�°��/ ��m��u��. ��~,K�//��^�[]/��"�v�'�~, ' . Sprinkler System ---- Sprinkler System (Re -inspection Fee) — - ) 2013FEE ESCROW ORADDITIONAL CHARGE $200.00 i�5.00OI03ecu�\y $275.00+$,60/foot $lOODV _ $275.00 $100.00 $25.00 $150.00 Plus $5.UOState Surcharge $5,935.00 Pe/RE[Unit�$l43I00u/PWet[ound|; $�50O.OUtoCity $15.00 $3NlO0 � $5'800.00 $4.50/1,000Gv| $75.00/unh/quarter $150.00 Plus $S.UOState Surcharge $180.00 $75.00 $25.00 - $2500 $98OJ0 $75.00 l2Y6n[value $S(lOO - Surface Water ' - Residential $50\00 Non -Residential (Commeoia|e,c) $5I0O Vacations (Streets or Easements) Easements $5l5l0 $500�Esc row - -- -- Streets $515.00 $50lOOFee Esomw Variance S750.00 Video Reproduction $35.00 Water Availability Charge (VAQ $3.90000 | Water Equipment/Set up Meter + Connection Charge (3/4"orless) _ $440.00 6 plus $S.00surcharge; Minimum $lOO Utility rate factor per code DEPARTMENT Engineering !Engineering �Engineering Engineering Engineering Engineering Building Engineering Planning Engineering Engineering Administration Administration Building Planning _ Planning Planning _ !Planning iP|anning P|annin� �Planning Fie Fire Administration --' Administration Administration Planning Planning Planning Planning Administration Engineering � Administrahon Administration APPLICATION/FEE/PERMIT TYPE Driveway Curb Stop Lid Disconnect Service Reconnect Service Water Lateral Benefit Charge Water Usage Residential - Quarterly Rate Residential - Plus Rate per 1,000 Gallons Plus Rate for 0-15,000 Gallons Plus Rate for 15,001-30,000 Gallons Plus Rate for 30,001-50,000 Gallons Plus Rate for 50,001-80,000 Gallons Plus Rate for 80,001 + Gallons Water Usage Commercial - Quarterly Rate Commercial - Plus Rate Per 1,000 Gallons Plus Rate for 0 - 15,000 Gallons Plus Rate for 15,001 - 30,000 Gallons Plus Rate for 30,001 - 50,000 Gallon Plus Rate for 50,001 - 80,000 Gallons Plus Rate for 80,001 + Gallons Water Usage Hotel / Motel - Quarterly Rate Hotel / Motel - Plus Rate Per 1,000 Gallons Plus Rate for 0-30,000 Gallons Plus Rate for 30,001 - 50,000 Gallons Plus Rate for 50,001 + Gallons Water Usage Delinquent Accounts City of Lake Elmo , e Schedule 2013 2013 FEE $100.00 $80.00 $80.00 $5,800.00 $25.00 Base $2,14 $2.86 $3.77 $5.00 $6.63 $25.00 Base $3.11 $3.26 $3.77 $5.00 $6,63 $25.00 Base $3.11 $3.26 $4.00 ESCROW OR ADDITIONAL CHARGE Additional fees apply to larger sized meters For metered non -irrigation (domestic) consumption DEPARTMENT Administration Administration Administration Engineering Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration 6% per quarter Plus $25.00 or 8%, whichever is greater, if certified to County for collection with taxes Administration Bulk Water Purchase Administration --------- ---- Water from Hydrant $61.20 1st 5,000 Gal Plus $3.26/additional 1,000 gallons Administration Swimming Pool Fill $61.20 1st 5,000 Gal Plus $3.26 per 1,000 gallons and $15.00/hr labor Administration Wind Generator $850,00 $2,000.00 Fee Escrow Planning Wrreiess Communication Permit $500.00 $6,000.00 Fee Escrow Planning 7 I \ I I 2, I( ) City of Lake Elmo , e Schedule 2013 APPIJCATION/FEE/PERMITTVPE 2013 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT Zoning Amendment (Text or Map) $1,245M Planning Definition of Terms Fee Escrow: City will maintain o fee escrow to cover oll City review costs. Application fees include all professional fees and expenses incurred by the City. Security: City will retain a security escrow to ensure completion of work as directed by the approved permit/application and compliance with the State Building Code and the City of Lake Elmo 8 2013 FEE SCHEDULE MODIFICATIONS SUMMARY Asphalt/Concrete License Item and fee deleted Fire Suppression License Item and fee deleted Landscaping License Item and fee deleted Fire Alarm Systems Fee changed from "$60; plus $5.00 surcharge; plus 1% of value" to "1.2% of value; plus $5,00 surcharge; Minimum $100" Sprinkler System (Inspection Fee) Fee changed from "2.7,,,, of valueto "1.2% of value; plus 55.00 surcharge; Minimum S100" Fines for General Code Violations are as follows: 1" offense $100.00 for each violation 2" offense $200.00 for each violation within one year from the first citation I3'd offense $500,00 for each violation within one year from the first citation Fines for Buildine and Safety Code Violations are as follows: 1" offense _ $100.00 for each violation 2'''' offense $500.00 for each violation within one year from the first citation 3'd offense $1000.00 for each violation within one year from the first citation Lith offense or subsequent offenses may be subject to criminal prosecution or any other legal remedy available to the City. An administrative citation may also be issued independently or concurrent to any other !PPR! artinn taken hv thp ritv