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HomeMy WebLinkAbout01-03-12 CCMPCity of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 City Council Meeting January 3, 2012 7:00 p.m. A. CALL TO ORDER: B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston Emmons Park Pearson Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings so everyone attending the meeting or watching the meeting, understands how the City Council conducts its public business.) GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G. ACCEPT MINUTES: 1. Accept December 6, 2011. City Council minutes 2, Accept December 14, 2011, City Council minutes 3. Accept December 20. 2011. Special City Council minutes 4, Accept December 29, 2011, Special City Council minutes I-1. PUBLIC: COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way. meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes.) CONSENT AGENDA: (Items placed on the Consent Agenda by City Staff and the Mayor because they are not anticipated to generate discussion. Items may be removed at City Council's request.) 5. Approve payment of disbursements and payroll 6. Approve 2012 calendar for Council meetings and Workshops 7. Appointment of Official Depositories for 2012 8. Designation of Official Newspaper 9. Review of Contracted Services REGULAR AGENDA: 10. Comprehensive Plan Amendment and Zoning Map Amendment - 5577 Lake Elmo Avenue 11. Appointment of Acting Mayor 12. Appointment to Lake Elmo Firefighters Relief Association 13. Appointment to City Council (Sub)Committee 14. Planning Commission Appointments 15. Potential Additional Funding for Targeted Pay Adjustments K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) • Mayor • Administrator • City Attorney • City Engineer • Planning Director Adjourn CLOSED MEETING: The Lake Elmo City Council will hold a closed meeting regarding e City dministrator selection terms of employment and real estate negotiations. City of Lake Elmo City Council Minutes December 6, 2011 Mavor Johnston called the meeting to order at 7:00 p.m. PRESENT': Mayor Johnston and Council Members Emmons, Park, Pearson and Smith Also Present: interim Administrator Dawson, City Engineer Griffin, Attorney Snyder, Planning Director Kyle Klatt, Fire Chief Malmquist and City Clerk Lumby. APPROVAL OF AGENDA: IWO Council Member E117111017S moved to approve the December 6., 2011 City Council agenda as presented. Council Member Pearson seconded the motion, The motion passed 5-0, ACCEPTED MINUTES: The City Council accepted the November 15, 2011 minutes as amended. The City Clerk was directed to review tape for motion made on agenda items, Interim City Clerk and Finance Director. PUBLIC COMMENTS/INQUIRIES: Tom Degree, Lake Elmo resident announced his candidacy for State Representative, CONSENT AGENDA: MOTION: Council Member Smith moved to approve Agenda Items 3, 4, 5 on the Consent Agenda Council Member Pearson seconded the 117011011. The motion passed 5- 0. Downtown District Sidewalk Improvements — Pay Request No. 1 (Final) Approve 2012 Liquor License Renewals Resolution No, 2011-056 removing_ 2012 delinquent storm water utility assessment Approve pavment of disbursements and navroli Council Member Smith questioned the following claims: Foth Infrastructure for structural engineering inspect in the amount of $897 and S&T Office Products for Library Board name plates at a cost of $70,22. MOTION: Council Member El/11710M' moved to pay Foth Engineering out ofihe General Fund and the S& T Office Prochictstbi name plates out of the Library Fund Council A./ember Person seconded the Inolion The motion passed 3-2 (Council Members Smith and Park voting against) LAKE CITY COUNCIL MINUTES DECEMBER 6, 2011 VISA Council Member Smith asked why the City needs to pay $41 for an annual card fee. Audit Engagement Letter MOTION': Council Member Pearson moved to approve ABDO, EICK and MEYERS., LLP letter ofengagement for the City's 2011 financial statement audit and to consider placing contract out toi bids in 2013. Council Member Park seconded the motion. The motion passed 5-0. PERA Firefighter Declaration The Public Employees Retirement Association (PERA) has notified the City that under Minnesota Statutes. the City must provide written certification of the eligibility for retirement plan membership of certain positions. The eligibility of employees who contribute to the PERA Police and Fire Plan but are not employed as full-time police officers or firefighters must be declared in writing to PERA through a resolution. The City created a part-time Firefighter/Administrative Assistant position in 2011, with responsibilities including the performance of duties of a Lake Elmo firefighter and essential duties including the responding to emergency calls. MOTIOA': Council Member Pearson moved to approve Resolution No. 2011-057 Public Employees Retirement Association Firefighter Declaration. Council Member Park seconded the motion. The 171011011 passed 5-0. Final Cost of Monument Sign on Keats Avenue North of1-94 The costs for this project were assigned to the Furniture. Fixtures and Equipment (FFE) fund. Other activities have been recorded to this fund during 2011. As of November 29, 2011, the fund has a deficit of $13,517.36. This deficit is being addressed by increasing the level of transfer from the General Fund from $6,000 in 2011 to $24.000 in 2012. If no further activity is recorded in the FFE fund, the resulting balance in the FFE Fund will be $10,483 to start next year. Council Member Smith made the comment that this sign cost the City $31, 470.22 without Council expenditure approval and now the City has to pay $400/year to light tl sign. REGULAR AGENDA: Promote Robin Goodspeed from Probation to Firefighter MOT/ON: Council Member Smith moved to promote Robin Goodspeedfroin Probation to Full Firefighter. Council Member Park seconded the motion, The motion passed 5-0. LAKE ELMO CITY COUNCIL MTNUTES DECEMBER 6, 2011 The City Council recognized District Chief Brad Winkels for completion of the officer series training 3-yr. program 777e City Council recognif,ed Sharon Lumhy with a plaque Jar her 26 years q service as City Clerk Or il7e City of Lake Limo, Public Meeting on 2012 on Proposed Tax Levy and General Fund Budgeted Taxes While State statutory requirements to hold a truth -in -taxation hearing have been repealed, the City is still required to hold an advertised meeting at which the public is allowed to speak vhen the annual budget and property tax levy are discussed. This public meeting was duly advertised in the Oakdale -Lake Elmo Review, and no public comments have yet been received. MOTION: Council Member Pearson moved to close the public meeting on the proposed 2012 Property Tux Len' and Proposed 2012 General Fund Budget us presented Mayor Johnston seconded the 111011017. 7-he 111011011 passed 5-0. Adopt 2012 Budget and Tax Levy. Resolution Followinu, the close of the public meeting on the 2012 proposed tax levy and budget, City Council acted on the resolutions necessary to adopt the 2012 Tax Levy and the 2012 General Fund Budget, MOT/ON: Council Alember EII7 111011S 1110Ved to approve Resolution No. 2011-058 adopt the 2012 final property tax levy in the C117-1011111 of 53,113,017 (includes 575,036 levies to recover Hi unalloted in 2010 and cut 20 1 I ). Mayor Johnston seconded the motion. 777e motion passed 5-0. MOTION: Council Member E111111017S moved to approve Resolution No. 2011-059 adopt the 2012 General Fund Budget in the all1OLOV of $2,900,986. Mayor Johnston seconded the motion. 777e motion passed 5-0, Targeted Pav Adjustments for 7012 The Council allocated $16,525 for targeted pay adjustments in the 2012 Proposed General Fund Budget in order to enhance retention and recruitment of City staff There was concern Nvith staff in public works maintenance positions should have been moving through the five-year steps in their pay range while the top of the pay range was frozen. Wages for other positions vere also frozen in their steps at times during the past few years and had fallen notably behind peer positions in comparable cities. Craiti. Dawson reported there were indications that some funds may have been -found" that would have covered the $3 115 increase in the City's employee health insurance costs and thus make the full $16.425 available for pay adjustments. He will clarify information and present further adjustments to consider for affected City employees. LAKE ELM() CITY COUNCIL MINUTES DECEMBER 6. 2011 There was general discussion aboul updating job descriptions and the City's compensation schedule. MOTION: Mayor Johnston moved to adopt the targeted pay adjustments Ibr 2012 as recominended by sta/land to,further consider other options in the next several weeks. Council Member Park seconded the 11101i011. The 117011017 passed 4-1 (Council Member Pearson voting against. He was 117 agreement with regards to the increase for Public Iforks Staff but disagreed with the adjustment to Fire Chief) New Schedule for Firefighter Pay The 2012 proposed General Fund budget included funds necessary to accomplish changes in the method of compensation for paid on -call firefighters. The changes would be from per call basis to per hour basis for calls and drills, with differential hourly pay for additional certifications or officer status. In response to Council Member's Pearson's question. Fire Chief Malmquist responded that he can control these figures within budget. MOTION: Council Member Smith moved to approve Ordinance No. 08-057 as amended (delete "rate of $2,5 00 ''), an Ordinance Amending Section 2 1 6.03 of the City Code Relating to Firefighter Compensation. Council Member Park seconded the 171011017. The 17701i017 pissed MOTION: Mayor Johnston moved to approve Resolution No. 20 1 1-060 authorizing the Puy Schedule Jbr paid On -Call Firefighters in accordance with Section 2 1 6.03 of City Code. Council Member Park seconded ihe motion. The motion passed 5-0. Conditional Use Perin t Amendment and Variances — Christ Lutheran Church Expansion The City Council considered a request from Christ Lutheran Church, 11194 36th Street North. for a Conditional Use Permit amendment and variances related to an expansion of its present facility. The specific action required from the City is as follows: Conditional Use Permit Amendment to allow the expansion of a church within a Public Facility Zoning District. Variances from the required 50-foot side yard setback to allow an addition to the building that is setback 8 feet from the Laverne Avenue right-of-way and 38 feet from the western property line. A variance to allow the expansion of the existing facility, including new classroom and general meeting space, without an increase in the number of off- street parking stalls available to the Church. A Variance to allow an additional 2.320 sq.ft. of impervious coverage to be added to the site, kvhich presently exceed the maximum impervious coverage limit of LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6. 2011 4 MOTION: Council Member Smith 1170VeC110 approve Resolution No. 2011-61 approving et Conditioned Use Permit Amendment based 017 the nine conditions stated and Resolution No. 2011-062 approving VC111C117CeS r Chris! Lutheran Church at 11194 36th Street North to expand its and make other improvements to the property. Council Member .Park seconded the 117011017. The 177011017 passed 5-0. DeMontreville-Highlands Area Street Improvements — Authorize the Preparation of the Feasibility Report The City Council considered initiating the 2012 Street Improvement Project by authorizing FOCUS Engineering, Inc. to prepare the DeMontreville Highlands Area Street Improvements Feasibility Report in the Lump Sum amount of $9,600.The study will report on the feasibility of the improvements and the estimated project costs to reclaim or construct each street segment. depending on the existing street conditions and findings from the geotechnical investigation which is already in process. During the study potential rain garden locations will be identified and residents will be encouraged to consider the placement of a rain garden within the right-of-way boulevard adjacent to their property. MOTION: Council Member Pearson moved to authorLe FOCUS Engineering, inc. to prepare the Feasibility Reportjbr the DeMontreville Highlands Area Street Improvements in the amount of S9,600. Council Member Smith seconded the motion. The motion passed 5-0. Kirkwood Avenue Street Improvements — Accept Petition and Authorize Feasibility Report The City Council considered adopting a resolution Declaring Adequacy of Petition and Ordering the Preparation of the Feasibility Report for Street Improvements for Kirkwood Avenue North, On April 26. 2011 a petition was received to improve Kirkwood Avenue North from a gravel roadway to a paved roadway. City Engineer Griffin reported Kirkwood Avenue North is not programmed for improvement in the 2011-2015 Street CIP. Therefore this improvement has not been previously presented to the Council as a planned improvement or budget item. The estimated cost to complete the feasibility report is $5.200. Should the project be constructed and assessed to the benefitting properties, the City share for the various improvements is estimated to be $45,000 if a lower cost shape and pave improvement is leasible. If a reconstruction is required, the more likely scenario, the City share is estimated to be $120,000. MOTION: 111(1,1'01,I01717S1011 moved to direct the city engineer to C017111111e Working 017 SCE:17(11'10S 017C1 come back within a year with ct recommendation, bid also continue with residents with the assistance of Council Member Park, Council Alember Pearson seconded the motion. The motion passed 5-0. KE ELMO CITY COUNCIL MINUTES DECEMBER 6. 2011 The agreement with the property owners is they are required to pay the maintenance assessment, but the City has not been assessing property owners to maintain the gravel road. Keats Avenue North Street 8,: Watermain Improvements — Authorize Feasibility Report The City Council considered initiating the 2012 MSA Street Improvement Project and the 2012 Trunk Watermain Improvement Project by authorizing FOCUS Engineering. Inc. to prepare the Keats Avenue North. Street and Trunk Watennain Improvements Feasibility Report in the Lump Sum amount of $11,400. MOTION: Council Member Emmons moved to authorize FOCUS Engineering, Inc, to Prepare the Feasibility Report for the heats Avenue North Street and Trunk Watermain Improvements in the amount' of SI 1.400 Mayor Johnston seconded the 17706017. The 171 017 pcased 5-0. Appointment for Citv Attorney City Attorney David Snyder is leaving the Eckberg Lammers law firm and joining the law firm ofJohnson & Turner, P.A. which has its main office in Forest Lake and a local office in Lake Elmo, as a shareholder. His relationship with Eckberg Lammers will continue through December 31, 2011, The Council considered the request to continue Mr. Snyder's appointment as City Attorney with the Johnson & Turner firm. MOTION: Council Member Smith moved to appoint David K Snyder as the City Attorney and City prosecutor with the law firm of Johnson & Turner, P.A. effective January 1, 2013. Council Member Lin ions seconded the motion. The 1110(1017 pctssed 4-0-1 Abstain: Council Member Pearson. Discuss future meetings in December The City Council will hold a short meeting on December 20, 2011 at 3 p.m. to approve the disbursements and payroll. Adopting Mayor and City Council Salaries The City Council considered adopting, an increase in Mayor and City Council Salaries effective January 1. 2013. The annual salary of the Mayor shall be $6,250 and the annual salary of each Council Member shall he $4,860. MOTION: Council Member Park moved to adopt U17 Ordinance relating to Mayor and Council Salaries, Council Member Smith seconded the 11101i011. The motion )(ailed 2-3 (Ma)'or Johnston, Council Members EMI/1 0173` and Pearson voting against.) The Council adjourned the meeting at 10:36 p.m, LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6. 2011 6 City of Lake Elmo City Council Minutes December 14. 2011 Mayor iolmston called the meeting to order at 11:30 a.m. PRESENT: Mayor Johnston and Council Members Emmons, Park, Pearson, Smith. The City Council discussed the City Administrator candidates, who were interviewed on Friday, December 9, 2011. and December 12, 2011. Three candidates were chosen for second interviews. The Council adjourned 2:45 p.m. City of Lake Elmo City Council Meeting Minutes December 20, 2011 Mayor Johnston called the meeting to order at 3:25 p.m. PRESENT: Mayor Johnston and Council Members Emmons, Park, Pearson, and Smith Also Present: Interim Administrator Dawson, Interim City Clerk Luczak APPROVAL OF AGENDA: 1i-107'ION: Mayor ,I01111S1011 moved to approve the City Council Agenda. Council Member Park seconded the motion. The MO1 1011 passed 5-0. ACCEPTED MINUTES: MODON: Council Member Park moved to continue consideration of the December 6, 2011, Council minutes until the January 3, 2012, City Council meeting, Council Member Smith seconded the motion. The motion passed 5-0. PUBLIC COMMENTS: None CONSENT AGENDA: Approve Payment of Disbursements in the Amount of $10] .247.91. Interim City Administrator Dawson explained the American Legal Publishing Corporation amount. Council Member Smith requested clarification of amount on the MFRA invoice. Discussion ensued and the Council directed Staff to provide an itemized copy of the invoice. MOTION: Council Member Pearson moved to approve the Consent Agenda, Council Member Smith seconded the motion. The 1110a011 passed 5-0. Council Member Smith excused herself from the meeting at 3:30 p.m. LAKE ELMO CITY COUNCIL MEETING DECEMBER 2011 1 REGULAR AGENDA: Library Update Council Member Pearson confirmed that the City had a Lease Agreement signed by owner of the present Library location. It awaited action by the Library Board. The City Council and Library Board discussed leasing versus purchasing options. Library Board President DeLapp presented plans for review if the City determined that the -Clock" building was another option. The building is currently for sale and it would also assist in promoting the revitalization of the Old Village. The City Council indicated its support of the Library Board obtaining a physical and structural assessment report of the building, and exploring purchase options ifthe report was favorable. The City Council adjourned the meetingat 4:45 p.m. Respectfully submitted by Carole Luczak, Interim City Clerk LAKE ELMO CITY COUNCIL MEETING DECEMBER 6, 2on City of Lake Elmo Special City Council Meeting Minutes December 29, 2011 Mayor Johnston called the rneeting to order at 9:14 a.m. PRESENT: Mayor Johnston and Council Members Emmons, Park, Pearson, and Smith Also Present: Interim City Administrator Dawson (arrived at 10:00 a,m.), Interim City Clerk Luczak AGENDA: Employment of a City Administrator City Council discussed the candidates. They stated that the second interviews with the two candidates made their decision very difficult as they were both well -qualified and had much to offer. Council requested that the City Council Human Resources committee review a proposed contract with Attorney' Snyder, and extend an offer to Dean Zuleizer with terms to be defined no later than January 3, 2012, MOTION: Council Member Pearson moved to extend an offer ofemplopnem to Dean Zilleger the Administrator position. Council Member Park seconded the molion. The Motion passed 5-0. Council Members Park and Emmons requested a meeting with the new Administrator be scheduled shortly after he be.(2ins. Council recessed at 9:53 a.m. The mee Library g reconvened at 10:00 a.m. Interim City Administrator Dawson presented the various issues regarding the potential purchase of a property available in the Old Village that could be used to house the Lake Elmo Public Library. LAKE ELMO CITY COUNCIL MEETING DECEMBER 29, 2011 1 Council members discussed -due diligence", being fiscally responsible. the Library budeet. transition, current opportunities and moving forward. Council Member Park departed at 10:10 a.m., Eric Lipman, 8249 Deer Pond Ct. N., stated he was angry and disappointed with the library services he will now receive. and believed his current County library card to be valuable as it provided him access to 12 locations. 1.3 million volumes and a rite of passage for children. Library Board President DeLapp stated that the City will reimburse one card per household and the benefits and services will continue. Council Member Pearson confirmed that no one is being cut off from the library system. but the City was not getting value from Washington County. Council Member Emmons departed at 10:36 a.m. Mr. Lipman reiterated that the decision made by the City to not be a part of the Washington County Library System is a degradation of services to the residents. Mayor Johnston informed the audience that the inter -library loan program implemented through the County had been denied by the County Board to the City of Lake Elmo. The City Council adjourned the meeting at 10:49 a.m. Respectfully submitted by Carole Luczak. Interim City Clerk LAKE ELMO CITY COUNCIL MEETING DECEMBER 29, 2011 r CRY OF LAKE EL Q AY OR & C AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: U::CIL COO UV CATO DATE: CONSENT ITEM #: 5 MOTION as pan' of Consent Agenda Approve Disbursements in the Amount of $112,444.28 Joe Rigdon, Interim Finance Director —5r Craig Dawson, Interim City Administrator Joan Ziertman, Finance Consultant SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $112,444.28. 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 summay of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # ACH ACH ACH DD3720 — DD3734 37900-37905 37906-37930 Amount Description $ 6,311.06 Payroll Taxes to IRS 12/29/2011 S 1,126.81 Payroll Taxes to MN Dept. of Revenue 12/29/2011 $ 3,964.54 Payroll Retirement to PERA 12/29/2011 $ 17,673.63 Payroll Dated 12/29/2011 (Direct Deposit) $ 3,070.86 Payroll Dated 12/29/2011 (Payroll Paper Checks) $ 80,297.38 Accounts Payable Dated 01/03/2012 TOTAL $ 112,444.28 City Council Meeting Approval of Disbursements January 3, 2012 Consent Agenda Item #:5 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 S112,444.28. 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 January 3, 2012, Disbursements as Presented /and modified] herein." ATTACHMENTS: 1. Accounts Payable Dated 1/3/2012 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Ieenda).: Questions from Council to Staff.... ........ ........ .......... Mayor Facilitates Call for Motion ..... ..... ..... ........... ..... ...... ......... ..... Mayor & City Council Discussion ........ .............. ..... ............. .............. ............. Mayor & City Council Action on Motion .............. ....... ...... . ....... ..... Mayor Facilitates page 2 -- Accounts Payable To Be Paid Proof List User: ,joan z Printed: 12/29/2011 - 12:22 MI Batch: 021-12-2011 nvone # fin Dale Amount Quantity Pntt Date Description Reference Task Type PO # Close POLine # ,ACEIJARI) Ace Hardware , Inc 116558 12/20/201 1 64.10 0,00 01/03/2012 Ice traction cover for boots No 000) 101-450-5200-4240(1 Small Tools & Minor Equipment 116558 Total: 64.10 ACEF1ARD Total: 64.10 ADVANTAG Advantage Signs & Graphics Inc 17195 12/19/2011 487,72 0,00 01/03/2012 Park Signs No 0000 404-480-8000-45200 Buildings & Structures 17195 Total: 487.72 ADVANTAG Total: 487.72 ARAM Aramark, Inc, 629-7389844 12/15/2(111 21.71 0,00 01/03/2012 Uniforms No 0000 101-430-3100-44170 Uniforms 629-7389844 Total: 21.71 629-7394814 12/15/201 I 22.86 0,00 01/03/2012 Uniforms No 0000 101-430-3100-44170 Uniforms 629-7394814 Total: 22.86 ARAM Total: 44.57 C&J CONS C & J Consulting Services, LLP Dec I 1 12/29/2011 101-410-1520-43150 Contract Services Dec 11 Total: C&J CONS Total: 6,650.00 0.00 01/03/2012 Monthly Accounting Svs - Dec 2011 No 0000 6,650.00 6,650.00 CARQU EST Car Quest Auto Parts 2055-244814 12/21/21)11 8.81 0.00 01/03/2012 Tool Cat Filter No 0000 101-430-3120-42210 Equipment Parts 2055-244814 Total: 8,81 AP - To Be Paid Proof List (12/29/11 - 12:22 PM) Page I Invoice # In Dale Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # CARQUEST Total: 8.81 DAWSON Dawson Craig Ck Reg 12/28/201 I 101-410-1940-432 10 Telephone Ck Rcq Total: DAWSON Total: FIORILLO Fiorillo Megan I 2/29/2011 12/29/2011 101-410-1450-43620 Cable Operations 12/29/2011 Total: FIORILLO Total: 40.00 0.00 01/03/2012 Reimburse Cell Phone No 0000 40.00 40.00 55.00 0.00 01/03/2012 Cabled City Council Mtg 12/29/11 No 0000 55.00 55,00 FXL FXL, Inc. December 12/29/2011 2,000.00 0.00 01/03/2012 December 2011 Assessing Services 101-410-1320-431 00 Assessing Services December Total: 2,000.00 FXL Total: 2,000.00 No 0000 CiAR HACK Gorelick Steel Co, Inc 220427 12/14/2011 252.94 0.00 01/03/2012 Steel for Chipper Box No 0000 I 01-430-3100-44040 RepairsiMaint Eqpt 220427 Total: 252.94 GARELICK Total: 252.94 I IOTSY HOTSY EQUIPMENT OF MINNESOTA 39124 12/13/2011 101-430-3100-42230 Building Repair Supplies 39124 Total: HOTSY Total: LEAGMN League of MN Cities 12/20/2011 17/200011 I 01-410-1320-44300 Miscellaneous 12/20/2011 Total: LEAGMN Total: 363,16 0.00 01/03/2012 Wash Bay Hose, Trolly, gun Trigger No 000' 363.16 363.16 75,00 0.00 01/03/2012 Handbook for MN Cities 201 1 Edition No 0000 75.00 75.00 AP - To Be Pr:41 Proof List (12/29/1 1 - 12:22 PM) Page 2 Invoice # Inv Date Amount Quantity Pint Date Description Reference MARVS Marv's Professsional Tools 244009 12/29/2011 601-494-9400-424(1(1 Small Tools & Minor Equipment 244009 Total: 244441 12/29/2011 602-495-9450-44300 Miscellaneous Expenses 244441 Total: MARVS Total: M ENAR DSO Menards - Oakdale 49541 12/20/7011 101-430-3120-44040 Repairs/Maint Eqpt 49541 12/20/201 I 101-430-3100-44300 Miscellaneous 49541 Total: 5183(1 12/20/2011 101-430-3100-44010 Repairs/Maint Bldg 51830 12/20/2011 1(11-430-3100-42150 Shop Materials 51830 Total: 51862 12/20/2011 101-430-3100-44010 Repairs/Nlaint Bldg 51862 Total: M ENAR_DSO Total: NAM ERICA North American Salt Company 70770505 12/13/2011 101-430-3125-4229(1 Sand/Salt 70770505 Total: NAMERICA Total: NORTHTOO HSBC Business Solutions 64468 12/29/2011 101-430-3100-42400 Small Tools & Minor Equipment 64468 Total: NORTHT00 Total: PLANTH PLANT HEALTH ASSOCIATES, INC 1064-11 12/28/2011 101 -430-3250-43150 Contract Services 1064-11 Total: 578.22 578.22 109.71 109.71 687.93 77.59 9.96 87.55 48.53 6.97 55_50 113.48 113.48 256.53 14,880.03 14,880,03 14,880,03 192.78 192.78 192.78 1,150.00 1,150_00 0.00 01/03/2012 Tools for Utility Van 0.00 01/03/2012 Tools for Utility Van (Sewer) 0.00 01/03/2012 Paint 0.00 01/03/2012 Cell Phone Holder 0.00 01/03/2012 Ballasts 0,00 01/03/2012 Batteries 0,00 01/03/2012 Ballasts 0,00 01/03/2012 Road Salt 0.00 01/03/2012 Load 13 inders Chipper Box 0.0(1 01/03/2(112 Forester Services - Nov & Dee 2011 Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 000t, No 0000 No 0000 No 0000 No No No 0000 0000 0000 AP - To Be Paid Proof List (l 2/29/11 - 12:22 PM) Page 3 Invoice # Inv Dale Amount Quantity Pntt Date Description Reference Task Type PO # Close POLine PLAN1H Total: 1,150.00 I'OMPS Pomp's Tire Service, Inc. 21148 12/12/2011 887,62 0.00 01/03/2012 2 Wheels for 98-2 No 0000 101-430-3100-44040 Repairs/M aim Eqpt 21148 Total: 887.62 POM PS Total: 887.62 S&T S&T Office Products, Inc. 010Y0699 12/14/2011 135.52 0.00 01/03/2012 Office Supplies - Name Tags No 0000 101-410-1320-42000 Office Supplies 010Y0699 Total: 135.52 S&T Total: 135.52 SACHSJIM James Sachs Ck Req 12/20/2011 101-430-3100-44170 Unifbnns Ck Rey Total: SACHSJIM Total: 138,95 0.00 01/03/2012 Reimburse Uniforms No 0000 138.95 138,95 SHORTELL Short Elliot Ilenderickson, Inc 251501 12/14/2011 1,905.09 0,00 01/03/2012 Design Services for Test Well #4 No 0000 601-494-9400-43030 Engineering Services 251501 Total: 1,905,09 SHORTELL Total: 1,905.09 TI MAGNUS T 1 Magnuson Ck Rcq I 2/27/2011 5,000,00 0,00 01/03/2012 Return Escrow 3536 Kelvin #7786 No 000' 803-000-0000-22900 Deposits Payable Ck Req Total: 5,000.00 TIM AGNUS Total: 5,000.00 WASRADIO WASHINGTON COUNTY 71011 12/19/2011 3,800,76 0.00 01/03/2012 I/4rly uscr fee for 800 MHz radio No 0000 101-420-2220-43230 Radio 71011 12/19/2011 114.00 0.00 01/03/2012 Radio Repair/Maint fund No 0000 101-420-2220-43230 Radio 71011 Total: 3,914.76 AP - To Be Pa11 Proof Lisi (12/29/11 - 12:22 PM) Page 4 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # WASRADIO Total: 3,914.76 XCEL Xcel Energy 51-4572945-7 12/29/201 I 101-430-3160-43810 Street Lighting 51-4572945-7 Total: XCEL Total: 30.87 0.00 01/03/2012 Street Lights No 0000 30,87 30.87 Report Total: 39.221,38 AP - To Be Paid Prnof List (12/29/11 - 12:22 PM) Page 5 Accounts Payable GL Distribution Report User: loan z Printed: 12/29/11 12:24 Batch: 021-12-2011 Fiscal Period: 12 JE Date: 12/31/11 Fund 101 (Jeneral Fund 404 Park Dedication DR Amoun CR Amount Account Number 0.00 31,140.64 135.52 0.00 2,000.00 0.00 75,00 0.00 55.00 0,00 6,650,00 0.00 40.00 0.00 3,800.76 0,00 1 14.00 0.00 6.97 0.00 363.16 0.00 192.78 0.00 48.53 0,00 113.48 0.00 887.62 0,00 252.94 0.00 138,95 0.00 21.71 0.00 22.86 0.00 9.96 0.00 8.8 1 0.00 77.59 0,00 14,880.03 0.00 30.87 0.00 1,1 50,00 0,00 64.10 0.00 31,140.64 31,140.64 101-000-0000-20200 101-410-1320-42000 101-410-1320-43100 101-410-1320-44300 101-410-145043620 101-410-1520-43150 101-410-1940-43210 101-420-2220-43230 10 l 420-2220-43230 101-430-3100-42150 101 -430-3100-42230 101-430-3100-42400 101-430-3100-44010 101-430-3100-44010 101-430-3100-44040 101-430-3100-44040 101-430-3100-44170 101-430-3100-44170 101-430-3100-44170 101-430-3100-44300 1(11-430-3120-42210 101430-3 120-44040 101-430-3 125-42290 101-430-3160-43810 101430-3250-431 50 101-450-5200-42400 0.00 487.72 404-000-0000-20200 487.72 0.00 404-480-8000-45200 487.72 487.72 Description Accounts Payable Office Supplies Assessing Services Miscellaneous Cable Operations Contract Services Telephone Radio Radio Shop Materials Building Repair Supplies Small Tools & Minor Equipment Repairs/Maint Bldg Repairs/Maint Bldg Repairs/Maint Eqpt Repairs/Maint Eqpt Uniforms Unifonns Unifonns Miscellaneous Equipment Parts Repairs/Main( Eqpt Sand/Salt Street Lighting Contract Services Small Tools & Minor Equipment Accounts Payable Buildings & Structures AP - GL Distribution Report (12/29/11 12:24) Page 1 Fund 60) Water 602 Sewer 803 Escrow Fund Grand Total: DR Amount CR Amount Account Number Descrintion AP - Gi, Distribution Report (12/29/11 12:24) 0.00 578.22 I ,905.09 2,483.31 0.00 0.00 2,483.31 2,483.31 601-000-0000-20200 601-494-9400-42400 60 I -494-9400-43030 Accounts Payable Small Tools & M inor Equipment Engineering Services 0,00 109.71 602-000.0000-20200 Accounts Payable 109.71 0.00 602-495-9450-44300 Miscellaneous Expenses 109,71 109,71 0.00 5,000,00 5,000.00 5,000.00 803-000-0000-20200 Accounts Payable 0.00 803-000-0000-22900 Deposits Payable 5,000,00 39,221.38 39,221.38 Page 2 Accounts Payable To Be Paid Proof List User: joa*x Printed: 1249/20 11 |:}vpNI Bxuh:V0\-)|-20|2 Invoice 0 Im, Date Aniount Quantity Pnit Date Description 8FKK|J]'INSURANCE TRUST LEAGUE 0pNMC0E 200012331 01/16/2011 1`396,00 0.00 0103/2012 N|'4m|3Zo4|5x` w"rkumCvnpvnouh"n 200012J31 01/16/2011 5600 0M 01a03/2012 Nw|U'|45V4|5|U v/v,kcr Ovnpvo`mioo 200012331 OV\WZV|| 176VO 0M 01m3D012 |0|-o1V'|5204|])V Workers Coin pemmhv" 200012331 01/16/2011 530,00 0,00 01/03/2012 101410'|»|041510 Workers Cvupeumtkm 200012331 01/16/2011 10.130.00 0V0 01N0/2012 101-420-222041510 Workers Compensation 200012331 01/162011 2.213.00 0V0 01/0312012 101-420'I400-41510 Workers Compensation 200012331 01/16/7011 8,72600 0.00 01m3/2012 101-430-}100-4)510 Workers Compensation 200012331 01/16/2011 3.88M 0.00 01K3/2012 101-450-5200-41510 Workers Compensation 200U2331 01/16/2011 2,057.00 00O 01103/2012 601-494-940041510 v/vrkcm[mxpxmutim' 200012}}1 01/16/2011 448.00 0.00 0}m}/2012 602495/450-41510 Workers Compensation 200012331 01/|6/2011 809-00 0,00 0103/2012 9)}496-950041510 Workers' Compensation 200012331 81/16/2011 36o0 UM 01/03/2012 101410'111041510 Workers Compensation 200012331 Total: 29.715M 8Exx|EY T*mJk 29.715/m ULUECRO3Blue Cnn,/B|*vShield January 2V|2 12/29/201 | 101-000-0000-21706 Medical Insurance All ToHePaid Proof Lis( (|2/29|| |:JvYNI) ||,3m,oV |/J+|oo Reference Workers CompPremium Zo|2 Workers Comp Premium 2O|2 Workers Comp Premium 20|Z \Ywk^mComp Premium 2o|2 Workers Comp Premium 20|Z Workers Comp Premium 20\2 Workers Comp pomivm2O|Z Workers CvmpPremium 2V|2 Workers Comp premium ZVi2 Workers Comp Premium ZO\2 Workers Comp Premium Z0\Z Workers Cortip Premium 2012 Typo PO Close PQl'ine# No 0m` No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No m`00 No 0000 No 0000 No 0006 No 0000 No Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # FiLIJECROS Total: 11,361,00 Report Total: 41,076,00 AP - To Be Paid Proof List (12/29/11 - 139 PM) Page 2 AYOR COUNCIL CO AGENDA ITEM: CT DATE: 1/3/12 CONSENT ITEM #: 7 MOTION as part of Consent Appointment of Official Depositories for 2012 SUBMITTED BY: Joe R THROUGH: REVIEWED BY: don, interim Finance Director Craii2, Dawson. interim City Administrator Craig Dawson, Interim City Administrator SUMMARY AND ACTION REQUESTED: Pursuant to State Statute §412.121, the City Council is being asked to designate official depositories for 2012. The recommended motion to act on this ork>anizational function is as follows: "Move to designate Lake Elmo Bank, Wells Fargo Advisors, Morgan Stanley Smith Barney LLC, and Northland Securities for the 2012 Depositories." BACKGROUND INFORMATION: The City must appoint official Depositories in accordance with Minn, State Statute §412.121. STAFF REPORT: Based upon past practice and current and likely future needs, Staff recommends the following be designated as official depositories for 2012: Lake Elmo Bank Wells Fargo Bank Morgan Stanley Smith Barney LLC Northland Securities RECOMMENDATION: It is recommended that the City Council designate official depositories for 2012 by the following action: "Move to designate Lake Elmo Bank, Wells Fargo Bank, Morgan Stanley Smith Barney LLC, and Northland Securities for 2012 Depositories." Alternatively. the City Council may elect to consider different depositories. page 1 -- City Council Meeting Appointment ql0Ificial Depositories or 2012 January 3, 2012 Consent AL,enda Item #7 ATTACHMENTS: None SUGGESTED ORDER OF BUSINESS: - Introduction of Item ..... ..... . Interim City Administrator Report/Presentation..„ .... Interim 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 2 -- CM" C,F LAKE ELia 4 i .-'. I 1.; • DATE: January 3, 201 / REGULAR ITEM #: 9 Discussion; Motion? AGENDA ITEM: Review of Contracted Services SUBMITTED BY: Craig W. Dawson, Interim City Administrator REVIEWED BY: Carole Luczak, Interim City Clerk SUMMARY AND ACTION REQUESTED: I have been made aware that the City Council has started a practice of reviewing arrangements for contracted services on a staggered three-year cycle. Accordingly, reviews would be done in 2012 for services to be performed in 2013, or for those that would end contractually during 2012. We located the 20] 1 list and have updated it for 2012. Council has directed that a Request for Proposal (RFP) for audit services be issued in 2012 in order to perform the audit in 2013. Staff will plan to do the reviews and report to Council those providers listed for review in 2012 unless Council identifies which ones should not be reviewed in 2012. ATTACHMENTS: 2012 List of Contract Services SUGGESTED ORDER OF BUSINESS: Introduction & Report ...... . ....... ................................ Interim City Administrator Questions from Council to Staff .................... Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Discussion Mavor & Council Members Motion( s)........................... ..... ......... ............ . ....... ............. Mayor Facilitates Contract Accounting ' General Ledger Accounting Payroll, Ud|bes,AP Animal Control Assessor ' Attorney Civil/Municipal - Attorney Criminal Auditor Cleaning Engineering Foostor - Health Benefits OSHA/Safety Recycle Educahm�&Support � � K U @SU Rugs, Uniforms — -u oPoes _ Telephone Service Waste Bond Counsel 8ui|d)n8[ode/|nsped|oo Electric Emergency [ommunicaUons/CodeRed Financial Consulting Financial Planning (VU|aQe) _ Fire Maintenance Fuel HR/Peoonoe| -- :Investment Brokers IT Keys/Security Medical Supplies Planning Support Police Road Grading 5xmwp|ovv " Local Preference as a tie -breaker Contractor KDV C&] Washington County Sheriff FXL Johnson and Turner Johnson and Turner Abdo, Eick&Myers Coverall Cleaning Focus Engineering Plant Health Associates Financial Concepts Safe Assure -'— Service oaShneSt-hn g Aran`ark EvenUs K8anoopy's Repesenve ]oeRigdon Cathy & Joan Ziertman Frank Langer Dave Synder Dave Synder Steve McDonald KathyErie Jack Griffin KathyVVid|n AndyVVeitnaoer KarenRitchnnan Dorsey & Whitney (thruNorthland Securities, Inc) � City cfBayport unner Washington County Northland Securities, Inc Paul Donna Ehlers Uave[aUiger � City ofOakdale &Local Lake Elmo OiLYokum � �� Spho8sted Inc. Northland Securities, VVeUb Fargo, Morgan Stanley City o(Roseville Terre Heiser Amclahl/Curt's Lock K4FRA 8en6nzo|a ' — — -- Washington County Commander Dexter Miller Bue|ow/K|ine ** On -Call pre -register option/bid check Type Start Contract Ends � Active 2008 none Active 2009 none Active 2011 none Active 7 none | Active 2012 none Active 2012 none Active 3002 I012 Active 2011 none Active I011 none Active 2004/2011 none Active ZVlO annual renew Active 2010 none Active 2007 201I Active / none Active 2007 none Active ? none On -Call 7 On -Call 101O '0n{U �? Active 1011 On -Call ? Active 2008 ----'— On-CaU 2010 -- 0n(CaU ? _ On -Call -' Z009- — On -Call ? Active 200 On -Call 7 On -Call ? On -Call 7 Active ? On -Call ? -- 0n-CaU / Review Due 2012 2012 'NA' . 2O1l/12 NA -NA JOlZ 2O1J/l4 ' ZO13/l4 ZO13/14 2O12/13 IO12/1-4 - 281U/ __ ZOlZ 2Ull/1I 2O17/13 On -Call |GA On -Call |GA Oil -Call '-- DnfCaU |GA On -Call On'[nU On -Call |GA On -Call _ Oil -Call � 0n'[eU _ |GA On -Call On -Call LAKE ELMO AYOR & COUNCIL CO IUNICA T 0 DATE: 1/3/12 CONSENT ITEM 4: 8 MOTION as part of Consent AGENDA ITEM: Designation of Official Newspaper SUBMITTED BY: Carole Luczak, Interim City Clerk THROUGH: Craig Dawson. Interim City Administrator REVIEWED BY: Craig Dawson, Interim City Administrator SUMMARY AND ACTION REOUESTED: Pursuant to State Statute §412.121., the City Council is to select an official newspaper (the one in which its legal publications will appear), Two newspapers are potential candidates: The Oakdale -Lake Elmo 1?evieli, and the Sr. Croix Fulley Press. Based upon current and projected need. it is recommended that the City Council undertake the following action: "Move to designate The Oakdale -Lake Elmo review as the official newspaper and w designate the Pioneer Press as an additional official newspaper on an as needed basis. BACKGROUND INFORMATION: According to the State Statute, the City must appoint an official newspaper for 2012. The City solicited proposals and the two responses are attached. An updated RFP was received from The Oakdale Lake Elmo Review on December 16. 2011. reducing their rates, STAFF REPORT: City Staff has had an effective working relationship with The Oakdale -Lake Elmo Review as its official newspaper. As a back-up paper, the Si. Croix railer Press is available but publications are Thursday only. Due to that limited publishing, it is recommended that under unique circumstances. the Pioneer Press could be used when the City needs to get a quicker turn -around for publication to serve property owners and to meet the 60-day rule in particular. The S'L Paul Pioneer Press allows the City a 2-day turn around time for publications that may he unexpected and time -sensitive. A proposal was not received from the Pioneer Press. RECOMMENDATION: It is recommended that the City Council designate an official newspaper for 2012 by the followimz action: City Council Meeting gnation of Official Newspaper January 3, 201 _7 Consent Agenda Item # 8 "Move to designate The Oalidale-Lake Elmo review as the official newspaper and to designate the Pioneer Press as an additional official newspaper on an as needed basis." Alternatively, the City Council may elect to consider an alternate official newspaper. ATTACHMENTS: 1. The Oakdale -Lake Elmo Review Proposal 2. St, Croix Valley Press Proposal SUGGESTED ORDER OF BUSINESS.- - Introduction of Item ...... ........ Interim City Administrator Report/Presentation..... ...... ...............,.... ..... Interim City Clerk - 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 -- pay, • • "e Subt. Jan Newspapers, Inc. DEC Sharon Lumby, City Clerk City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 2515 E. Seventh Avenue North St, Paul, MN 55109 (65 1) 777-8800 December 15, 2011 Dear Ms. Lumby: Thank you for the opportunity to bid on public notice publication services for the City of Lake Elmo, The Oakdale -Lake Elmo Review has been serving the needs of the Lake Elmo area for 40 years, and is pleased to provide ongoing coverage of city government and school issues and community events. Each week we mail over 1600 copies to residents and businesses in the city of Lake Elmo, Lillie Suburban Newspapers is the oldest weekly newspaper company in the St. Paul area. It was founded in 1938 by the late T. R. Lillie. His grandsons, Jeffery Enright and Ted H. Lillie, are continuing the family tradition of publishing award -winning community newspapers in the St. Paul suburbs. It is our sincere desire to provide the best possible local news coverage in the Lake Elmo area. Our experienced news staff provides readers with a well-balanced, lively and inforniative product each week. We realize that Lake Elmo area residents look to us as one of their primary sources of information about city activities and meetings. and we will continue to publish the city's press releases and photos. Lillie Suburban Newspapers has the official designation of the neighboring communities of North St. Paul, Maplewood and Oakdale, to name a few, as well as the North St. Paul -Maplewood -Oakdale School District, 3 P.M. Friday is the deadline each week for submitting public notices to our office. Publicnotices should be directed to Anne Thillen, Lillie Suburban Newspapers, 2515 E. Seventh Ave.. North St. Paul, MN 55109. Our fax number is 651/777-8288. Notices may also be sent via e-mail to: leoals@lillienews.com Legal publication rates for minutes, advertisements for bids and other notices are as follows: $4,10 per column inch for a one-time publication 83.90 per column inch for each additional publication Thank you for considering the Oakdale -Lake E11710 Review as the official legal newspaper for the City of Lake Elmo for 2012. If you have any further questions, don't hesitate to call us. Sincerely, Jeffery Enright Publisher Ramsey County Review • Maplewood Revie • Oakdale -Lake Elmo Review • Review Perspectives IJE1 Nev Brighton Bulletin • Shoreview Bulletin • St,Authony Bulletin • South-West. Review EWS 1 Roseville -Little Canada Review • Wdodbury-South Maplewood Review • East Sid vev Lillie Subur in Newspapers, Inc. November2011 Carole Luczak, MCMC Interim City Clerk City of Lake Elmo 3800 Laverne. Ave Lake Elmo MN 55042 Carol, .1•1111.• 2515 E. Seventh Avenue North St, Paul, MN 55109 (651) 777-8800 NOV Z 8 Here is the information you requested regarding your RFP for Legal Newspaper for the City of Lake Elmo, 1) Name of Paper: Oakdale -Lake Elmo Review 2) Owner of Paper: Lillie Suburban Newspapers 3) Legal Location of Newspaper: Main Office is 2515 E 7th Ave, N. St. Paul MN 55109 4) Area of Distribution: The Oakdale -Lake Elmo Review is distributed throughout the cities of Lake Elmo, Oakdale, Stillwater and Landfall, 5) Distribution Method: City of Lake Elmo Distribution a. Direct Mail: 547 papers. b. Motor Route: 811 papers c. Subscriptions Direct Mail: 25 papers d. Bulk Drops: 60 papers 6) Web Access for the Public: www.oakdaielakeelmoreview.com 7) Publication Schedule: The Oakdale -Lake Elmo Review is distributed once a week on a weekly basis 52 weeks per year. The primary distribution days are Tuesday/Wednesday. 8) Deadlines for Accepting Notices for Publication: 3PN4 Friday for publication the following week. 9) Cost Per Column lnch Per Publication: 54.15 for first insertion. 53.90 for additional insertions UWE NEWS 111 I I 11;111 I 1'1 1111 1,111 .11 Ramsey County Review • Maplewood Review • Oakdale -Lake Elmo Review • Review Perspectives New Brighton Bulletin • Shoreview Bulletin • St.Anthony Bulletin • South-West Review Roseville -Little Canada Review • Woodbury -South Maplewood Review • East Side Review ,e.,444.11,44 4 Lillie Subu_ Jan Newspapers, Inc. 2515 E. Seventh Avenue North St. Pau(, MN 55109 (651) 777-8800 10) Distribution: ai Distribution Area: Throughout Lake Elmo b) Subscribers in City of Lake Elmo: 25 paid subscribers.* *The Oakdale -Lake Elmo Review is a legal newspaper. not a shopper. It is distributed throughout Lake Elmo and is not subscriber based. however subscriptions are available. Si c) Number of None Subscriptions Papers Delivered in city of Lake Elmo: Mailed: 522 Motor Route: 811 Drop Route: 60 Areas of distribution and distribution method: Currently we• deliver 1.443 newspapers to the city of Lake Elmo comprised of 572 direct mail, 81 1 motor routes and 60 retail drops. This gives us the most complete and comprehensive coverage in the City of Lake Elmo. 11) Most Recent Audited Circulation: Attached, 12) Estimated Number of News Stories on Lake Elmo in the Oakdale -Lake Elmo Review: Typically 111011' than one staff written news articles per week, plus numerous submitted community events, bulletin board items, faith articles, events and letters to the editor. Y, nright Ted H Lillie Publishers Ramsey- County Review, • Maplewood Review • Oakdaie-Lake Elmo Review • R.eview Perspectives New 13rirhton Bulletin • Shoreview Bulleur • St.Anthonv Bulletin • South-West Review Roseville -Little Canada Review • Woodbtry-South Maplewood Review • East Side Review PUBLISHER'S STATEMENT Oakdale -Lake Elmo Review CIRCULATION DATA FOR ISSUE DATE' DISTRIBUTION ANALYSIS BY COUNTY 09;22'2010 COUNTY NAME WASHINGTON COUNTY MISCELLANEOUS TOTAL GROSS DISTRIBUTION LESS TARGET (BULK) RETURNS TOTAL QUALIFIED CIRCULATION CSREl Business inlormanon System.: - ZIP CODE: COMMUNITY (NO ZONE ASSIGNED) 55122 SAINT PAUL POPULATION/HOUSEHOLDS AVERAGE HOUSEHOLD SIZE MEDIAN HOUSEHOLD INCOME RACE"' HISPANIC ORIGIN- 55042 LAKE ELMO POPULATION/HOUSEHOLDS AVERAGE HOUSEHOLD SIZE MEDIAN HOUSEHOLD INCOME RACE"' HISPANIC ORIGIN"' TOTAL GROSS DISTRIBUTION FOR 2DNE MISCEI,LANEOUS.. TOTAL GROSS DISTRIBUTION LESS TARGET (F.,ULKI RETURNS TOTAL QUALIFIED CIRCULATION COUNTY U.S. COUNT INDEX' INDEX• 25,925 111.438 2.50 92.6% 96,2% 569.472 64.2% 167.90 900,W 351iE HO 40 8,769 / 3,030 2.90 107 45', 111.5% 599,228 120,20 239.9% 95%-W 105 2%-f, 250-O HO. 20 DISTRIBLMON 8.745 428 9.171 (63) 9 116 DELIVERIES" 11,544 c 3,009 Tne zip cone eercentan,e for ihe vaneeie compares, 10 toe county or national Dercentane for the varlabie " C-Frostal Home Delivenes. nO-Post Ofhoe Boxer (may tocude nornrerned oaxes;, B-Pemal BusinessDeinranes — Race W Whits, E = Sixox, A Asian. 0 =. Other. Y.C. HISDarliC. Orton nounning error mav occur) Source for aemooraohin SaN E SR) Business Intormation Seiut;ons, 12006) (1-60079C-7493 August 2!"..r 1 LISPS Gourgjale TOTAL QUALIFIED CIRCULATION' 2,116 PERCENT OP TOTAL ESRIPJSPS FREE - PAID TOTAL DISTRIBUTION COVERAGE 7.156 123 7,279 Carrier Mail Target (Bulk) 1.436 29 Camer Mall Target (Bulk) Carrier Mai) Target (Bulk) Garner Mai Target (Bulk; 6,465 311 500 1,464 500 604 60 2.743 7,266 915 560 426 13171 7.26E 1,268 635 (53) 9)1E 79.40 16.0% 64%/63% 48%149,c t r Bloom Ave., White Bear Lake, MN 55110 • Phone: 651-407-1200 • Fax: DEC December 14. 2011 Ms. Sharon Lumby City of Lake Elmo 3800 Laverne Avenue Lake Elmo, MN 55042 Dear Ms. Lumby: The Sr. Croix Valley Press wishes to be considered as your designated newspaper for 2012. We meet all the legal publication requirements under state statutes. Our circulation is audited by Verified Audit Circulation, an independent firm. We offer submittal of legal notices by mail. fax at (651) 429-1242, or e-mail to legals!i&oresspubs.com. Please clearly identify them as "Legal Notices." The rate will remain the same at 6.90 per column inch, in 7-point type at 9-lines per inch. Our deadline for legal notices is Friday by 5:00 p.m. for the following Thursday's publication. We look forward to the opportunity to serve you. We welcome any questions or concerns you may have. Sincerely, Lisa Graber Legal Notice Coordinator LakeEitno2012.cloc.' Your Best Source For Community Information White Bear Press • Vadnais Heights Press • St. Croix Valley Press • Quad Community Press • Shoreview Press • Forest Lake Press • The Citizen news@ presspubs.com ppcomp@presspubs.com pressadvertising @ presspubs.com ppcirc@presspubs.com -rzzantsmsondwapaza“," AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: \„/,(7), • fi DATE: 1/3/12 REGULARIEI: T 10 MOTION [RESOLUTION] Comprehensive Plan _Amendment and Zoning Map Amendment — 5577 Lake Elmo Avenue Kyle Klatt, Planning Director Craig Dawson, InterimAdministrator Planning Commission Nick Johnson, Interim City Planner SUMMARY AND ACTION REOUESTED: The City Council is being asked to consider a request from Steven Weber, 12729 22nd Street North, West Lakeland. MN to change the zoning of property at 5577 Lake Elmo Avenue North from RR — Rural Residential to R-1 Single Family Residential and to also amend the City's future land use map designation of this property in the Lake Elmo Comprehensive Plan from RAD — Rural Agricultural Density to NC — Neighborhood Conservation. The Planning Commission is recommending denial of the requested amendments, and therefore Staff has attached an ordinance that would support the proposed rezoning and comprehensive plan amendment as proposed by the applicant as well as a resolution of denial consistent with the Planning Commission recommendation. The recommended motion to act on this therefore includes action on only the resolution of denial and is as follows: "Move to adopt a resolution denying the request by Steven II-eber for a Zoning Text Amendment and Comprehensive Plan Amendment for property located at 5577 Lake Elmo Avenue North" BACKGROUND INFORMATION: The attached Planning Commission report includes a detailed review of the application along with the original Staff reconunendation to the Commission. Should the Council support the Planning Commission recommendation. no action should be taken on the Ordinance that has been drafted by Staff. The Ordinance should only be adopted if the Council supports the proposed Comprehensive Plan Amendment and rezoning. STAFF REPORT: The Planning Commission reviewed the Comprehensive Plan Amendment and Zoning Map Amendment requests at its December 12. 2011 meeting and conducted a public City Council Meeting Comp Plan lnendmem/Rezoning — 5577 Lake Elmo Avenue 1/3/12 Regular Agenda Item J10 hearing at this time. In addition to the applicant and his attorney, three of the neighboring, property owners spoke at the hearing. Steven Weber and his legal representative. made the following comments: Mr. Weber expressed frustration over owning a lot that is mostly unusable. He noted that all of the surrounding parcels are smaller than his. The applicant's legal counsel explained that the proposed request would not be considered spot zoning since it would be consistent with the use and densities of surrounding parcels He also stated that the applicant would be willing to share the existing driveway to provide access to Lake Elmo Avenue. Three neighboring property owners also spoke, and made comments as follows: The original owner of the applicant's land explained the history of the land and how it was subdivided. Allowing the rezoning would allow other properties in the area to request a similar zoning, which would lead to increased densities in the area. There was a concern expressed regarding the potential to set precedence by approving he proposed amendments. The neighboring property owner that owns the land surrounded by the applicants parcel did not object to the proposed amendments and subdivision of land. The Commission generally discussed the history of the City's Comprehensive Plan and Zoning Ordinance, and found that conditions have not changed in any manner since the lot was initially subdivided to warrant a rezoning of the current parcel. It was noted that the applicant's ability to use this land is no different now than when the lot was created. The Planning Commission adopted a motion to recommend denial of the Comprehensive Plan Amendment and Zoning Text Amendment. This motion was passed with a vote of 6 to 1. RECOMMENDATION: Based upon the above background information, staff report and Planning Commission recommendation. it is recommended that the City Council deny request from Steven Weber, 12729 22nd Street North, West Lakeland, MN to change the zoning of property at 5577 Lake Elmo Avenue North from RR — Rural Residential to R-1 Single Family Residential and to also amend the City's future land use map designation of this property in the Lake Elmo Comprehensive Plan from RAD — Rural Agricultural Density to NC — Neighborhood Conservation by undertaking the following action "Move to adopt a resolution denying the request by Steven Weber for a Zoning Text Amendment and Comprehensive Plan Amendment .for property located at 5577 Lake Elmo Avenue North" -- page 2 -- City Council Meeting Comp Plan Amendment/ _oning — 5577 Lake Elmo Avow .1/3/7 2 Regular Agenda Item i4 .110 Alternatively. the City Council may consider the other actions that were suggested as part of the Planning Commission report, which includes the following: A. Approve the Comprehensive Plan and Zoning Map Amendments by adopting attached ordinance, and developing appropriate findings of fact to support this action which could then be incorporated as part of the attached resolution. B. Table taking action on the Comprehensive Plan Amendment and Zoning Map Amendment in order to request additional information from either staff or the applicants. C. Direct the applicant to consider an alternate action to support the proposed request, which could include applying for a variance to create a lot that does not conform to the underlying zoning requirements for lot size and road frontage. D. Direct Staff to consider the request as part of a broader Comprehensive Plan or Zoning Map amendment that would look at a change to the entire area, and in particular, the other non -conforming ]ots that were created in this area before the City' sl 979 Comprehensive Plan and Zoning Ordinance. ATTACHMENTS: I. Ordinance — Comp Plan and Zoning Map Amendments 2. Resolution of Denial 3. Staff Report (Planning Commission Report) 4. Application Materials 5. Application Form 6. Legal Description 7. Application Narrative 8. Location Map 9. Septic Site Evaluation Report 10. Washington County Comments I 1 . Aerial Photograph 12. Zoning Map for Area 13. Future Land Use Map for Area 14. Review Letter from City Engineer 15. Letter from Richard and Eileen Bergmann -- page 3 -- City Council Meeting Comp Plan Amendment/Re::oning - 5577 Lake Elmo Avenue 1/3/12 Regular Agenda Item # 110 SUGGESTED ORDER OF BUSINESS: - Introduction of Item ......... ............ ...... ...................... ..... City Administrator - Report/Presentation......... ..... ................. . ..... 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 COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE TO AMEND THE LAKE ELMO CITY CODE BY AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELMO The City Council of the City of Lake Elmo ordains that Lake Elmo City Code, Section 154.032 Zoning District Map, of the Municipal Code, shall be amended by adding Ordinance No. 08- , as follows: Section 1: Zoning Map Amendment. The following property is hereby rezoned from RR - Rural Residential to R-1 Single Family Residential as depicted on the attached "Exhibit "A" : All that part of the Southwest 1/4 of the Northwest 1/4 of Section I, Township 29 North Range 21 West, Washington County, Minnesota described as follows: Commencing at the Southwest corner of said Southwest 1/4 of the Northwest 1/4; thence North 01 degrees 31 minutes 43 seconds West (recorded as N 00 degrees DO46" W) along the West line of said Southwest 1/4 of the Northwest 1/4, a distance of 334070 feet to the North line of the South 334.70 feet of said Southwest 1/4 of the Northwest 1/4, and the point of beginning of this description; thence continuing North 01 degrees 31 minutes 43 seconds West (recorded as NO0 degrees 00' 46" W), a distance of 494.71 feet; thence North 87 degrees 32 minutes 27 seconds East (recorded as N 89 degrees 03' 24" E) a distance of 618.20 feet to the West line of the East 695.22 feet of said Southwest 1/4 of the Northwest 1/4; thence South 01 degrees 19 minutes 29 seconds East, along said West line of the East 695,22 feet, a distance of 502.85 feet to the North line of the South 334.70 feet of said Southwest 1/4 of the Northwest 1/4; thence South 88 degrees 17 minutes 37 seconds West, along said North line of the South 334.70 feet, a distance of 616.33 feet to the point of beginning, together with an easement for roadway purposes over and across the North 60.00 feet of the South 334.70 feet which lies West of the East 695.22 feet of said Southwest 1/4 of the Northwest 1/4, excepting there from the North 209.00 feet of the South 639,40 feet of the West 417.42 feet of said Southwest 1/4 of the Northwest 1/4 P10: 01-029-21-23-0001 The City Council of the City of Lake Elmo also hereby ordains that the Zoning Administrator shall make the applicable changes to the official zoning map of the City of Lake Elmo. Section 2: Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. 08- was adopted on this 3rd day of January, 2012, by a vote of Ayes and Nays. Mayor Dean Johnston ATTEST: Craig Dawson Interim City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA SOLUTION NO. 2012- A RESOLUTION DENTING A COMPREHENSIVE PLAN AMENDMENT AND ZONING MAP AMENDMENT TO CHANGE THE ZONING OF 55 77 LAKE ELMO AVENUE NORTH FROM RR — RURAL RESIDENTIAL TO R1 — SINGLE FAMILY RESIDENTIAL PID: 01-029-21-23-0001 WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota: and WHEREAS, the City of Lake Elmo has established a Comprehensive Plan that provides a compilation of background data, policy statements, standards, and maps. which help to guide the future physical, social, and economic development of the City: and WHEREAS, Steven John Weber, 12729 22'd Street North, West Lakeland, MN (the "Applicant") has submitted an application to the City of Lake Elmo (the "City") for amendments to change the zoning of property at 5577 Lake Elmo Avenue North from RR — Rural Residential to R-1 Single Family Residential and to also amend the City's future land use map designation of this property in the Lake Elmo Comprehensive Plan from RAD — Rural Agricultural Density to NC — Neighborhood Conservation. a copy of which is on file with the City; and WHEREAS, the request to amend the Comprehensive Plan and Zoning Map was submitted along with plans to subdivide the lot for the purposes of creating a new building site on the property ; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.020; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on December 12, 2011: and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated January 3, 2012: and WHEREAS. the City Council considered said matter at its Jantiary 3, 2012. meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the followinE,r: FINDINGS 1) That the Applicant has submitted a request to amend the Comprehensive Plan in accordance with the procedures as established by the Lake Elmo Planning Department and Lake Elmo Planning Commission. 2) That the procedures for obtaining a Zoning Map Amendment are found in the Lake Elmo Zoning Ordinance, Section 154.020. That all the submission requirements of said Section 154.020 have been met by the .Applicant. 4) That the request includes the following components: a) To amend the Future Land Use Map (Map 1 in Chapter III — Land Use Plan) in the Lake Elmo Comprehensive Plan. and to specifically change the future land use designation of the parcel located at 5577 Lake Elmo Avenue North from RAD (Rural Agricultural Density — 0.45 dwelling units per acre) to NC (Neighborhood Conservation). b) To amend the Lake Elmo Zoning Map (Section 154.032) by changing the zoning of the property at 5577 Lake Ehno Avenue North from RR — Rural Residential to R-1 Single Family Residential 5) That the Zoning Map Amendment and Comprehensive Plan Amendment will apply to property with the PID: 01-029-21-23-0001, commonly known as 5577 Lake Elmo Avenue North, and legally described as follows: All that part of the Southwest 1/4 of the Northwest 1/4 of Section .1, Township 29 North Range 21 West. Washington County. Minnesota described as follows: Commencing at the Southwest corner of said Southwest 1/4 of the Northwest 1/4: thence North 01 degrees 31 minutes 43 seconds West (recorded as N 00 degrees DO' 46" V(') along the West hue of said Southwest 1/4 of the Northwest 1/4. a distance of 334070 feet to the North line of the South 334.70 feet of said Southwest 1/4 of the Northwest 1/4, and the point of beginning. of this description: thence continuing North 01 degrees 31 minutes 43 seconds West (recorded as NO0 degrees 0046" W). a distance of 494.71 feet: thence North 87 degrees 32 minutes 27 seconds East (recorded as N 89 degrees 03' 24" E) a distance of 618.20 feet to the West line of the East 695„22 feet of said Southwest 1/4 of the Northwest 1/4; thence South 01 degrees 19 minutes 29 seconds East. along said West 1 ine of the East 695.22 feet. a distance of 502.85 feet to the North line of the South 334.70 feet of said Southwest 1/4 of the Northwest 1/4: thence South 88 deg -Tees 17 minutes 37 seconds West, along said North line of the South 334.70 feet. a distance of 616.33 feet to the point of beginning. together with an easement for roadway purposes over and across the North 60.00 feet of the South 334.70 feet which lies West of the East 695.22 feet of said Southwest 1/4 of the Northwest 1/4, excepting there from the North 209.00 feet of the South 639.40 feet of the West 417.42 feet of said Southwest 1/4 of the Northwest 1/4 6) That the Zoning Map Amendment and proposed development does not conform substantially to the policies, goals, and standards of the Comprehensive Plan for the following reasons: a) The NC — Neighborhood Conservation (corresponding zoning of R-1 Single Family Residential) and RED — Residential Estates Density land use categories are not planned for any new development in the City. A change to this portion of the Comprehensive Plan would potentially open up other areas for similar chaniZeS, b) The City's overreaching goal of "preserving and enhancing the rural character and features of Lake Elmo that make the City a unique and desirable community" would not be met by allowing the subdivision of 1- 2 'A acre lots within existing rural areas. The Comprehensive Plan and related zoning regulations clearly encourage any new development to be located within subdivisions that preserve open space as part of the development. c) The subdivision of lots less than 10 acres in size that are not otherwise part of an OP development is not consistent with the City's goal of preserving it rural character. The 10-acre minimum lot size in rural areas has been in place for over 30 years, with the RED zoning representing the only development allowed before the Open Space zoning regulations were adopted by the City in the mid 1990's. d) Lots less than five acres in size are not as efficient to serve with public services as compared to lots that are planned and developed as part of a broader subdivision. Some of the surrounding properties have been developed as an OP subdivision, which included plans for providing water and sanitary sewer services, roads, and other utilities throughout the subdivision. e) Adding another access to Lake Elmo Avenue is not recommended by the City Engineer, and could present problems for managing traffic in the future. Although the County would issue a new driveway permit for a lot along Lake Elmo Avenue, it is up to the City to plan for its future access needs and to ensure that the overall transportation network is planned in an efficient and safe manner. Considering current traffic levels. and with the increases projected in the Comprehensive Plan for Lake Elmo Avenue, individual driveways will not be a safe option for new homes. f) The applicant is not losing any rights to use his property in the way it was initially approved by the City, and the lot is already much smaller than would be allowed for a single family home on a separate parcel in this portion of the City (except when platted as part of an Open Space Preservation development). a) The zoning of a single parcel of land creates a spot zoning situation. which would convey development rights to an individual property owner rather than addressing the overall plan for orderly growth and development within the area. h) There have been no changes within the City since the applicant's lot was originally subdivided that would warrant a reconsideration of the land use classifications and other plans that have been adopted by the City. For example, the City has not implemented any transportation improvements near the applicant's property that would provide for more efficient and safe access to this portion of the City. CONCLUSIONS...AND DECISION Based on the foregoing. the Applicant's application for a Comprehensive Plan Amendment and Zoning Map Amendment is hereby denied. Passed and duly adopted this 3rd day ofJanuary 2012 by the City Council of the City of Lake Elmo, Minnesota. Dean A. Johnston, Mayor ATTEST: Craig Dawson, Interim City Administrator To: Fr0771: Meeting Date: Applicant: Owner: Location: Zoning: City of Lake Elmo Planning Department Comprehensive Plan and Zoning Map Amendment Review Planning Commission Kyle Klatt, Planning Director 12/12/11 Steven Weber Steven Weber 5577 Lake Elmo Avenue RR — Rural Residential Introductoryinformation Application Sutnntaiy: Property information and Site Background: The Planning Commission is being asked to consider a request by Steven Weber, 12729 22'd Street North, West Lakeland, for a Zoning Map Amendment to change the current zoning designation of his property at 5577 Lake Elmo Avenue from RR — Rural Residential to R-1 Single Family Residential. The proposed amendment has been requested in order to facilitate the subdivision of this existing 5.11 acre parcel into two parcels of 2.27 and 2.84 acres in size. A rezoning is required before the applicant can process with a subdivision of the property because the minimum lot size requirement in the RR Zoning District is 10 acres, while the R-1 District allows a minimum lot size of 1.5 acres. The applicant did indicate that the request includes a Comprehensive Plan Amendment, but as part of his written narrative. notes that the proposed zoning would be in conformance with the policies, goals. and standards of the Comprehensive Plan. Although the property is guided for RAD — Rural Agricultural Density (0.45 units per acre), this designation is tied to the City's Rural Residential and Agricultural Zoning Districts. The only zoning classification that would support the lots as proposed would be the City's R-1 zoning district which corresponds to the future land use guidance of NC — Neighborhood Conservation. For the purposes of the public hearing and this review. Staff is including a request for a Comprehensive Plan amendment to change the future land use designation of the applicant's property from RAD to NC. Should a Comprehensive Plan Amendment and Zoning Map Amendment be approved for the subject property, the applicant would then be able to apply for a Minor Subdivision to officially split the property into two parcels. The applicant's property is located along Lake Elmo Avenue approximately one-third of a mile south of Higiiway 36. The property was split from an adjoining parcel to the west owned by the Bergmann family in 1978, and at the time the City Zoning regulations allowed for a minimum lot size of 5 acres. In looking back through the City records for this parcel, it appears that the request was intended to allow the subdivision of the portion of the property that was not suitable for agricultural purposes to be split off from a larger farm site to create a new residential lot. The current boundaries of the applicant's parcel were therefore the result of the original owner's intent to keep any tillable acreage as part of the larger farm operation. as well as to meet the minimum lot area requirement of 5 acres. The result was the "U" or "C" shaped parcel that is presently owned by Mr. Weber, who inherited the property from his father (who originally purchased the land when it was subdivided). As part of the City's approval of the subdivision. the Bergmann's were required to aunt easements to the City over a 60-foot wide segment that is located immediately to the south of the applicant's property. and to further allow the newly subdivided parcel to use this strip of land as its access to Lake Elmo Avenue. The easement agreement that is of record in the City files provides for an emergency vehicle access, installation and maintenance of public utilities, and the provision of public service, but does not otherwise appear to grant any rights of the public to use the property for access purposes. The agreement does provide for an option by the City to acquire this land if it is needed for a public street in the future. but otherwise only describes the potential for a private roadway to be built on this strip of land (not a public road). Shortly after the subdivision was approved, the applicant's father applied for a building permit and constructed the house that is on the site today. This house is located on the southern leg of the "C" shape, about 45 feet back from the Lake Elmo Avenue right-of-way, and centered in the middle of the 96-foot wide segment. The driveway providing access to the house does cross into the 60-foot wide segment still owned by the Ber=ann's. Staff is not aware of any private easements that exist for such access. and would consider this a private matter between the two affected property owners. There are three other single family homes in close proximity to the applicant's property. and all of these are very close to one acre in size. In addition to the residential lots, there are two other parcels of one acre in size that do not have any buildings on them. one of which is owned bv the neighboring property owner and the other of which was retained by the Bermnann family. All of these lots were split at a time then the City's (or township) zoning regulations allowed for the creation of these smaller lots. In 1977, the City of Lake Elmo adopted a zoning ordinance that closely followed the township zoning requirements. allowing for 5-acre lots in rural areas. hut revised this code in 1979 in conjunction with the adoption of a Comprehensive Plan that changed the standards for rural development areas. The code after 1979 required a minimum lot size of 10 acres in rural areas. which is the standard that is still in place today, Applicable Section 154.020 Amendments Codes: Describes the process and requirements for requesting an amendment to the Zoning Ordinance. Of particular interest. please note Subsection (I) which reads: "Conformance with Comprehensive Plan. In aluming or recommending any rezoning or other permit provided for in this chapter, the Zoning Administrator, the Planning Commission, or Council shall find that the proposed development conforms substantially to the policies, goals, and standards of the Comprehensive Plan" and also Subsection (H) which notes: "Any amendment to this chapter shall amend the Comprehensive Plan in accordance with the amendment. The Planning Commission shall inform the Council of any zoning proposal which does not conform to the Comprehensive Plan and inform the Council as to why the plan should or should not be amended." Section 154.036 RR — Rural Residential Outlines the general requirements for the RR Rural Residential Zoning District in Lake Elmo. Section 154.041 R1 — Single Family Residential Outlines the general requirements for the R1 — Single Family Zoning District in Lake Elmo. Findings & General Site Overview Site Data: Lot Size: 5.06 Acres Existing Uses: Single Family Residence Existing Zoning: RR — Rural Residential Future Land Use: RAD — Rural AgTicultural Density Property Identification Number (ND): 01-029-21-23-0001 Comprehensive Plan and Zoning Text Amendment Review: Comp Plan Of all the land use requests that are considered by a Planning Commission, a City has and Zoning the most discretion to approve or deny proposals to amend the Comprehensive Plan, Analysis: To a lesser extent, the City also has a considerable amount of discretion to approve or reject zoning amendments; however, any zoning change must "conforni substantially to the policies, goals, and standards of the Comprehensive Plan". In temis of the request under consideration by the Planning Commission, the applicant's property is presented guided RAD — Rural Agricultural Density. which is described as follows in the Comprehensive Plan: RAD (Rural Agricultural Density) This classification represents low density semi -rural residential development. Working farms. Alternative Ag uses. single family detached residences. and limited life cycle housing. New development responsive to this classification shall be primarily by Conditional Use Permit in accordance with the Preserved Open Space regulations of the Zoning Ordinance, with a maximum dwelling unit density of 0.40 units per Buildable Acre. The zoning classifications related to this Land Use Plan classification shall be AG. and RR. This future land use classification applies to almost all of the City's land located north of the Village planning area and east of Keats Avenue, and all of the land outside of the City's future sewer service areas that were not previously subdivided prior to the adoption of the plan. Of particular note, is the connection between the RAD land use designation and the RR and AG zoning classification. All property that is guided for RAD has been zoned one these two districts. One of the reasons for the current classifications that exist in the Comprehensive Plan stems from the City's preparation of its 2006 Comprehensive Plan and its settlement with the Metropolitan Council. As a result of this process, the City elected to direct all higher density development into two portions of the City (the Village and South of Oth Street), while preserving the rural character open space development patterns that existed elsewhere in the community. Any existing subdivisions or smaller lots outside of the planned sewer service areas were allowed to continue and zoned as such. However. smaller lots outside of sewered areas were not planned for anywhere else in the City except as part of an Open Space Preservation development. For higher density residential areas within the City, specifically those that were platted and developed prior to adoption of the 2006 Comprehensive Plan. there are two land use classifications that correspond to these areas as follows: RED (Residential Estates Density) The RED classification is assigned only to lots and vacant land classified RED prior to the adoption of the 2005-2030 Comprehensive Plan. This classification is not assigned to any other lands within the City in the future. Development of RED classified lands is in accordance with the regulations of the RED zoning district. and be limited to large lot single family detached housing. NC (Neighborhood ConservatiOn) This land use classification applies only to lands that have been platted as conventional subdivisions prior to the 2005 adoption of this Land Use Plan. This classification is not assigned to any other lands within the City in the future. The zoning districts corresponding to the NC classification are R-I and R-2 (Carriage Station Subdivision only). Of particular note with each of these classifications is that they apply only to existing subdivisions or lands that were previously designated in that manner. and were not to he assigned to any other lands in the future. If the City were to change the applicant's parcel to reflect one of these land use categories. it would not be consistent with the language used to describe each classification and therefore would require a more extensive change to the Comprehensive Plan in order to avoid conflicting language within the document. Specifically. the City would need to change the Comprehensive Plan to allow the NC or RED designation to be expanded beyond the land currently designated in this manner, Such an expansion would not be consistent with the goals and policies of the City as stated in the plan, and would raise many additional questions concerning the City's ability to provide services to denser development in rural areas. In summary. Staff has identified the following issues that should be considered with the applicants request as submitted: • A comprehensive plan amendment is necessary because the RAD designation would not allow the creation of lots less than 10 acres in size that are not otherwise part of an OP — Open Space Preservation Development. The RAD designation would not support a rezoning to R-1 Single Family Residential. The rural designation has applied to this lot since the City first adopted its 1979 Comprehensive Plan. This is not an area that has been planned for anything other than low density rural development. • The NC — Neighborhood Conservation (corresponding zoning of R-1 Single Family Residential) and RED — Residential Estates Density are not planned for any new development in the City. A change to this portion of the Comprehensive Plan would potentially open up other areas for similar changes. The City's overreaching goal of "preserving and enhancing the rural character and features of Lake Elmo that make the City a unique and desirable community" would not be met by allowing the subdivision of 1- 2 Y1, acre lots within existing rural areas. The Comprehensive Plan and related zoning regulations clearly encourage any new development to be located within subdivisions that preserve open space as part of the development. Staff Review Based on the above review. Staff is recommending that the Planning Commission Comments recommend denial of the Comprehensive Plan Amendment and Rezoning requests. and would add the following additional comments to support this recommendation: • The subdivision of lots less than 10 acres in size that are not otherwise part of an OP development is not consistent with the City's goal of preserving it rural character. The 10-acre minimum lot size in rural areas has been in place for over 30 years. with the RED zoning representing the only development allowed before the Open Space zoning regulations were adopted by the City in the mid 1990's. Lots less than five acres in size are not as efficient to serve with public services as lots that are planned and developed as part of a broader subdivision. Some of the surrounding properties have been developed as an OP subdivision. which included plans for providing water and sanitary sewer services. roads, and other utilities. Adding another access to Lake Elmo Avenue is not recommended by the City Engineer, and could present problems for managing traffic in the future, Although the County would issue a new driveway permit for a lot along Lake Elmo Avenue. it is up to the City to plan for its future access needs and to ensure that the overall transportation network is planned in an efficient and safe manner. Considering current traffic levels, and with the increases projected in the Comprehensive Plan for Lake Elmo Avenue, individual driveways will not he a safe option for new homes. The applicant is not losing any rights to use his property in the way it was initially approved by the City, and the lot is already much smaller than would be allowed for a single family home on a separate parcel in this portion of the City (except for OP development lots). The zoning of a single parcel of land creates a "spot zoning" situation. which Cities typically try to avoid, since they convey rights to an individual property owner rather than addressing the overall plan for orderly growth and development within a community. There have been no changes to the City since the applicant's lot was originally subdivided that would warrant a reconsideration of the land use classifications and other plans that have been adopted by the City. For example. the City,- has not implemented any transportation improvements near the applicant's property that would provide for more efficient and safe access to this portion of the City. The City Engineer has provided the Planning Conunission with a recommendation to deny the applicant's request along with information to support this recommendation. Conclusion: Based on the report and analysis provided above. Staff is recommending that the Planning Commission recon-u-nend denial of the request by Steven Weber to change the zoning of property at 5577 Lake Elmo Avenue North from RR — Rural Residential to R-1 Single Family Residential and furthermore to deny the corresponding request to amend the Citv's future land use map designation of this property in the Lake Elmo Comprehensive Plan from RAD — Rural Aicultural Density to NC — Neighborhood Conservation. .4dditional Valley Branch Watershed District did not submit any comments specific to the Information: app leant' s request, but did note that a Minor Subdivision would require a permit from the watershed district. The City Engineer's comments are included as part of the attached memorandum. Recommendation: Staff is recommending that the Planning Commission recommend denial of the request by Steven Weber to change the zoning of property at 5577 Lake Elmo Avenue North from RR — Rural Residential to R-1 Single Family Residential and furthermore to deny the corresponding request to amend the City's future land use map designation of this property in the Lake Elmo Comprehensive Plan from RAD — Rural Agricultural Density to NC — Neighborhood Conservation based on the findings for denial as documented in the above Staff report. Commission . The PlanningPlarining Commission should consider the following options with this request: Oprions: A) Recommend approval of the Comprehensive Plan and Zoning Map Amendments, and developing appropriate findings of fact to support this action. B) Table taking, action on the Comprehensive Plan Amendment and Zoning Map Amendment in order to request additional information from either staff or the applicants. C) Direct the applicant to consider an alternate action to support the proposed request, which could include applying for a variance to create a lot that does not conform to the underlying zoning requirements for lot size and road frontage. D) Direct Staff to consider the request as part of a broader Comprehensive Plan or Zoning Map amendment that would look at a change to the entire area, and in particular, the other non -conforming lots that were created in this area before the City' s1979 Comprehensive Plan and Zoning Ordinance. cc: Steven Weber. 12729 22nd Street North, West Lakeland, MN Tab 1. Comprehensive Plan and Zoning District Amendment Application 5577 Lake Elmo Avenue, PIN 01.029.21.23.0001 Property Owner: Steven Weber November 13, 2011 Application (§1.54.020(C)(1)) Schedule A. Legal Description Schedule B. Detailed Reason for Request Tab 7. Colored Plat Drawing of the Area (§154.020(C)(2)(0) Tab 3, Rough Mark -Up of Proposed New Property Line with Proposed Driveway and Homestead Drawn (§154.020(C)(2)(b)) Tab 4. Rough Mark -Up from Percolation Test (§154.020(C)(2)(a)) Tab 5. Correspondence Received from Washington County Regarding Proposed New Driveway Tab 6. Address Labels of Nearby Property Owners (§1.54.020(C)(4)) (Obtained from Washington County — Receipt Included) Tab 7. Tax Search Printout Showing, Ownership Information (§1.54.020(C)(3)) Nov 1 4 `LU ' 4 LU City of Lake Elmo DEVELOPMENT APPLICATION FORM Comprehensive Plan Amendment LJ Variance * (See below) y Zoning District Amendment Text Amendment Ei Minor Subdivision Lot Line Adjustrne Flood Plain C.U.P. _ J Residential Subdivision Conditional Use Permit Sketch/Concept Plan Conditional Use Permit (C.U.P.) 17 Site & Building Plan Review Fee S Residential Subdivision Preliminary/Final Plat O 01 - 10 Lots O 1 I -20 Lots O 21 Lots or More Ej Excavating & Grading Permit Appeal PUD APPLICANT: 5e°42r:S°" 042(zsari a721 aarv.) Sr N.1 ")'25+ 01A) 5-5-cl(zip) (Name) (Mailing Address) TELEPHONES: (67) 337-o571/ 01-4 - (12) a-95 (5,s-2) 76.7- 3s73' (Home) (Work) FEEOWNER: Sa-rne cut) c4-60 (Name) (Mailing Address) TELEPHONES: Sa. Me O. 4- bC) (Home) (Work) (Mobile) (Fax) (Mobile) (Fax) PROPERTY LOCATION (Address and Complete (Long) Legal Description): 55-77 Loce £1m6 1Zsa-k-e- _ MA) 5-5-6 412... P,I.ro• ot,Oaci.;k1, ow( Let.4), OeScr; T; 0 kJ et. 44 4_ 0.4 sc...10(e_ A DETAILED REASON FOR REQUEST: 5:ade_ (Zip) *VARIANCE REQUESTS; As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the ,A.pplicant 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 Subciivision Ordinances and current administrative procedures. 1 further acknowledge the fee explanation 3s outlined in the application procedures and hereby agree to oav all statements received from the City pertaining to acidilional aPO Ot�n e.x,bens c. Signature ic-arit / Datq' Signature ol Appi,.....an; Cr,5 Laie.: Dinic. • 3C00 Laverne AVe1111:( Niorth Lake Eimo . 55042 t5; -77'7-5510 FaX (J5 -777-06! .5 Dare Schedule "A" Legal Description All that part of the Southwest 1/4 of the Northwest 1/4 of Section 1, Township 29 North Range 21 West, Washington County, Minnesota described as follows: Commencing at the Southwest corner of said Southwest 1/4 of the Northwest 1/4; thence North 01 degrees 31 minutes 43 seconds West (recorded as N 00 degrees 0046" W) along the West line of said Southwest 1/4 of the Northwest 1/4, a distance of 334.70 feet to the North line of the South 334.70 feet of said Southwest 1/4 of the Northwest 1/4, and the point of beginning of this description; thence continuing North 01 degrees 31 minutes 43 seconds Vest (recorded as N 00 degrees 00' 46" W), a distance of 494.71 feet; thence North 87 degrees 32 minutes 27 seconds East (recorded es N 89 degrees 03' 24" E) a distance of 618.20 feet to the West line of the Eat 695.22 feet Of -,said Southwest 1/4 of the North west 1/4; thence South 01 degrees 19 minutes 29 secondslEast, along said West line of the East 695.22 feet, a distance of 502.85 feet to the North line of the South 334.70 feet of said Southwest 1/4 of the Northwest 1/4; thence South 88 degrees 17 minutes 37 seconds West, along said North line of the South 334.70 feet, a distance of 616.33 feet to the point of beginning, touether with an easement for roadway purposes over and across the North 60.00 feet of the South 334.70 feet which lies West of the East 695.22 feEt of said Southwest 1/4 of the Northwest 1/4, excepting therefrom the North 209.00 feet of the South 639.40 feet of the West 417.42 feet of said Southwest 1/4 of the Northwest 1/4 SCHEDULE B Amendment Application 5577 Lake Elmo Avenue PIN 01.029.21.23.0001 Owner: Steven Weber Detailed Reason for Request: NOV Applicant property owner requests rezoning of his parcel from RR — Rural Residential (§154.036 to R-1 Otte -Family Residential ( 154.041). to allow a partition of the existing parcel into two new parcels. 2.27 and 2.84 acres in size, with one single family residential unit allowed on each parcel. All existing, and intended future use would conform to the zoning requirements of R-1. The existing parcel is very odd in its shape. It is unknown to applicant why the parcel was configured as it is. The parcel is a little over 5 acres and, if a map is oriented to the North, is in the shape of a backwards C or a horseshoe. The two ends of the horseshoe front onto Lake Elmo Avenue. On the South prong of the horseshoe there is an existing single family home. with a driveway crossing over a City easement allowing access to Lake Elmo Avenue. There is no other access. The north prong of the horseshoe is not developed. In the interior of the horseshoe shape there are two 1 acre parcels owned by other property owners. If one were traveling north on Lake Elmo Avenue. one would see the north portion of the parcel at issue. with a driveway and a single family home. then a neighbors parcel, with a driveway accessing two parcels, then the south portion of applicants parcel. without a driveway or access. The existing configuration of the parcel is inconsistent with the surrounding lot sizes, shapes, density, and usage. The majority of surroundinc.,, lots are 1 to 2 acres in size. each with one single family borne. Applicant proposes a new boundary line between the north and south portions of the existing parcel, allowing the north parcel to he developed with a single family residential unit. rendering- both the existing and new parcel consistent with the surrounding parcels and use. The proposed densities of the site would be consistent with surrounding and use. The existing density of the parcels surrounding applicants parcel is in the range of 1 residential unit per acre. Additionally. directly on the other side of Lake Elmo Avenue. in Discover Crossing. the residential lot sizes appear to be .75 acres, The proposed partition would result in two new parcels. 2.27 and 2.84 acres each. with each anticipated to contain one residential dwelling unit. The existing parcel makes contact with 8 other parcels (ignoring the City Easement to the South). 7 of these 8 parcels are smaller than the two new proposed parcels. The two parcels surrounded on three sides by applicant's lot. the ones on the interior of the -horseshoe,- are each one acre in size. (lots 01-029-21-23-0006 and 0007). The two parcels to immediate north are 2 acres (01-029-21-23-0011) and 1 acre (01-029- 21-23-0004 The three parcels to the south are 1 acre (01-029-21-23-0010). 1 acre (01-029-21- 23-0009) and 1.2 acres (01-029-21-23-0005) . The proposed land use and zoning would be in substan goals and standards of the Comprehensive Plan on o ith the policies Future land use map for the City of Lake Elmo Comprehensive Plan, 2005-2030, shows the area designated as RAD - 0.45 DU/Acre. Petitioner understands this to mean a maximum dwelling unit density of .45 per acre. The proposed use and development is consistent as the new south parcel would contain one residence on 2.27 acres (0.44) and the north parcel would contain one residence on 2.84 acres (0.35). The soil has been perk tested and the size of the proposed parcels and soil type allow for a suitable septic system. The County will issue a permit for a new driveway for the proposed new north lot to access Lake Elmo Avenue. The County has not indicated any danger or hazard created by the new drive. The County suggested that if feasible a driveway across the City Easement currently running on the south side of the south parcel would be preferable. The logistics of this appear difficult, but applicant is open to that suggestion if the City requires. There are no safety or environmental concerns created by the proposed rezoning. 07 -019 -71-12- 0002 'Art AVE rEA,AAA ?01)11C;VOWWWS CEPAE( <I JAI E'Ymo tAt() ttU^tt u3izc^y(u>gitl.'^ r..--.fez Ea• Li, tt, xfl;5 LEGOID - - OflrACFEClECYwA1Eit5 UIlN PRESIEGIED t•Y.10,5_1 NORTH SCAtE lire 1,rnlr.1 (cow) (0001) (0001) 01-079-21 31 007 DiS 1Vt i'.^rG fi :tt° PEKei! of A CC).TAA(Y(W AL'iF AAAAGI:( (0r LA4AA:a:MA^S A5 7HE4 APPEAR 0, 0/0744'S W`A,AA51C 004r;i)' CS40E0 WABI:';G10, tAAA.I4 IS 74 id 0E04,74400,0 Eon PA' *lrl7407 'ES 7440/4 444 (' AE de 740/446 AAA f444 Y.f4Ef AAAA ruun,,,AAA +.it 4 4 r,.•! (4nnf'F P AA HAE. A±it"tncr 4rF1&rE0 r4,404 St 40 4 EA, Af0Rih?.,n( n+&,EE$464EP,Ef)l GEr0PSr0704A,E (,F;F(+F (';^YFtYti3 Ay,+r f440 ¢'a(Ert Fe.0Ff714040r fj^+ Ed Eklin Septic System Design & Inspection LLC 2303 County Road F East White Bear Lake, MN 55110 651.485.2300 November 7, 2011 Steven Weber 2626 E. 82nd St., Suite 105 Bloomington, MN 55425 Dear Steven: At your request, a site evaluation was performed at the property located at 5577 Lake Elmo Ave, N,, Lake Elmo, MN. Since you propose to divide the lot into two parcels, I have established a sewage treatment area of at least 10,000 square feet on the north east part of the property. It appears that a trench drainfiId could be installed in the area and there is plenty of area for a possible house site. This is a preliminary evaluation of the lot, a sewage treatment design and specific house plans will be needed before a building permit can be issued. The proposed septic area must not be excavated, compacted or filled and must remain as it is. This site evaluation must be reviewed and approved by Washington County Public Health. If you have any questions or concerns, please feel free to call me. I would be glad to help, Sincerely, Ed Eklin MPCA License #3321/Certification #C3268 SEPTI: SYSTEM DESIC,NS • PERCOLATION TESTS Soli_ BORINGS • SUE -DIVISION PLANNING 1 11.) + Q8Je k, c -., ,''''I (D)3 -a...4 ;0) 3"tr? ',"<" "` (:"/(1 (CD a)" n v (A? 'ere VC , ‘f, ti ';? J s•11, ' flAtoy v -,1)41 Ykr) locx) — 12 - ljt() c,„) TT/ 1-v) I's)! rIpNic ',V H WON y !rcior.) t, Public Works Department Donald J.Theisen, P.E. Director Wayne Deputy DirectorlCounty Engineer November 10.2O11 James VKDelaplam The Lowry, Rose Building 2124 Dupont Avenue South PWinneepo|io, NYN554O5 STEVENWEBER RESIDENTIAL ACCESS REQUEST TOCOUNTY STATE AID HIGHWAY 17(LAKE ELKAO&VENUE) CITY OfLAKE ELh8OMINOR SUBDIVISION CONCEPT PUDW1-029-21-23'0Q04 Dear Mr, Delapkain: Washington County has reviewed the residential driveway location along Lake Elmo Avenue for e proposed new parcel of record based nnoconcept plan for eminor subdivision ofoSacre parcel of property owned by Mr, Steven Weber, in the City of Lake Elmo. Typically, the county process incities within Washington County hs turespond toformal applications submitted 10the local government since wmd:not have land use authority, Also, when asubdivision in propooed, it is common practice to seek alternative access |noahono to |ooe| streets within o municipality. If those alternatives are not feasible, access to a county highway would be permitted. Alternatives in this case would betoconsider mshared driveway and the feasibility of access tothe OOFtwide City Utility Easement shown onthe plan that could beimproved toprovide local access. Finedly, as you are aware, Washington County requires driveway permits for access to o county road, In this ooae. once the property owner has gone through the appropriate nav�wand approval process at the local |owe|, the minor subdivision has been recorded and a permit application is filed with our office, an access permit can beissued. Please jeel free tugive meacall any questions at851-43O4313cvemail meat carol, hansonCcDco-washinaton.mn,us, Sinppf�rely, Carol Hanson Office Specialist c: Joe Gustafson, Washington County Transportation Engineer Ann PunQ'Tonwndu.VVaohinghon County Senior Planner Kyle K|att'City nfLake Elmo Community Development Director 11600MyemnRoad North, 80kvaier.Minnesota 55082'9573 Phone: 651-430-4300 ^ Faz 651-4304350 ^ lTY: 651430-6246 www.co.washington,mmus Equal Employment Opportunity /AffinnmtivuAction Location Map - 5577 Lake Elmo Ave 81STSTN 10435 10450 5415 5760 530G 5230 5170 5110 Zoning Districts A A -Baytown OP/OS BP P/PF Lake Elmo Zoning Map 0 5416 5414 R1 R2-PUD R3 RE RR e1r 6045 10900 11020 1 "" 1138C 5324 5471 5429 5295 5255 4779 T ST N 11544 5620 577 Lake Elmo Ave 1126C 11330 Lake El o Future z an. se r —C1110' 5577 Lake Elmo Ave t INA le IL P. p. P • 40 Emp!oyeeslAcre PF RAD • 0.45 DU/Acre RAD - 21DU/Acre URD - Cimarron SRO - 3.5 DU/Acre .35 P:Fr 1 S T R ED NC ROW WAT VR LB Future sewer - 0 Ernp!oyeestAcre LB Non -sewer 1-" G • ���K�F��8�J[�UK� .°.�,v.��.",`."��`^.°. Date: December 8.2UIl ENGINEERING, inc. Cara Gehe,en P.E. Jack Griffin, P.E. Ryan Stempski, P.E. 651.300.4261 651.300.4264 651.300.4267 To-, Kyle 0att,Lake Elmo Planning Director Re: City ofLake Elmo 5577Lake Elmo Avenue [c: Ryan SternpskiP.E. Comprehensive Plan and Zoning Map Amendment Request From: Jack Griffin, P.E,City Engineer We have received the Comprehensive Plan and Zoning Map Amendment submittal fnr5577 Lake Bnno Avenue. The following items were received� * Development Application Form (8Pages) a. Legal Description b. Detailed Reason for Request c. Proposed Sketch ofLot Split d. Letter with attached septic location sketch from Ed ENin dated Novennbzr7, 20I2 e. Letter from Washington County dated November IO, 20II • Location Map with Aerial Photo m Lake Elmo Zoning Map The engineering department does not find this application consistent with the Ot/s Comprehensive Plan and therefore is recommending denial of this request. The Comprehensive Plan has guided the zoning in this area to allow development at l unit per 10 acres unless completed as part of a cluster type development with supporting infrastructure. When development isallowed tooccur athigher densities, it is important to require that development to occur through a coordinated approach to allow for adequate and efficient supporting infrastructure, For this application, the proposed infrastructure is not consistent with the requested higher density development (1 unit per 2.5 acres). Surrounding development that oUoxvs higher density (i.e. Discover Crossing) was required to plan infrastructure differently to serve individual properties, infrastructure needs to be planned in a safe, efficient way tn serve the access and utility needs of property. Of primary concern in this area of the city is the location for future residential streets to be connecting to Lake Bnno Avenue for access to all properties. These connecting roadways need to be planned and coordinated to occur in accordance with County and City access spacing policies. Additional private driveways occurring along Lake Elmo Avenue need to be prohibited and discouraged. It is possible that at some point in the future, some of these private driveways may even need to be eliminated. This is typically very expensive correction. Development at higher densities needs to require new driveway access to a local residential road that then connects to Lake Elmo Avenue. MnDOTond Washington County typically cannot deny access to their roadways. They rely on the City or local authority to manage proper access spacing along state and county roadways through its land use controls, In a similar manner, the extension of municipal water service needs to be planned in an efficient and cost effective vvay. TypicaUyvvatemnain is expanded along public roadway corridors to avoid easement acquisition costs. When higher density development is allowed without a planned supporting road network, the future expansion of other city services to the area results in significantly elevated costs. Future water system hookups become more costly and prohibitive for property owners due to easement acquisition costs and/or longer water services. Higher density development also places greater pressure on the private infrastructure in a rural area, such as private wells and septic systems. With greater densities, the probability of failure for private wells and/or septic systems is increased. When septic systems fail, the available land needed for replacement systems becomes limited, ;500 Lake Elmo Ave. N, Lake Elmo, Win, ssnvz Phone (6oz)4my'syey December 7,2011 City of Lake Elmo To whom it may concern, |n19T8*msold the parcel of land at 5577Lake Elmo Ave. toMr. Ron Weber. 4tthis time, wmkept anarrow strip nfland just south ofthis parcel so that *acould maintain access tuthe remainder nfour property behind this parcel. /tthe time that Mr. Weber was going tobuild his house and put inadriveway, both the County andtheCityhe|tthatdue\uthemonydhvmwopa|un8thisshortstretohofmudU/ationnar1heomstufahUi that two driveways would beunacceptable. Sotoallow Mr. Weber \obuild his house, odriveway easement onto our already established driveway was granted toMr. Weber. This shared driveway is also used to access an additional lot just South and East of Mr. Wobm'xpmpnrty which has not yet been built upon, and also gives access toour remaining property, 41the time the driveway access was granted to Mr. Weber, it was understood that itwas for one house only, not sothat this property could again be subdivided and another driveway attached to this access point. At this time, we would have no interest in granting an additional easement for an additional home. Also, this lot at 5.78 acres is already a nonconforming lot inRP, and should not beadditionally subdivided tomake }teven more nonconforming, Additionally, nowhere within the vicinity of this property is any land zoned RI which would allow for housing densities of1.5acres per lot instead ofthe current density nf10acres per lot. Kthe planning commission and City Council allow forthis zoning change, then I fear that virtually alf of the currentlots along Lake Elmo avenue could besubdivided toallow for omuch greater housing density. This land was previously platted and the lot approved, there is no reason to go back and rezone this lot to allow for further development. If!his occurs then many of the other 10 acre lots will be asking to be rezoned to allow for up to 6 houses where only 1currently sits. Finally. we enjoy the rural character and low housing density which has been established in Lake Elmo. If this rezoning takes place, then what we have previously planned for in the past years will be thrown away all for the sake of monetary gain, and will result in a precedent which would allow for an entire rezoning of much of the — —'� Richard Bergmann 6 Eileen Bergmann CILCO C T DATE: 1/3/12 REGULAR ITEM #: 11 MOTION AGENDA ITEM: Appointment of Acting Mayor SUBMITTED BY: Carole Luczak, Interim City Clerk THROUGH: Craig Dawson, Interim City Administrator REVIEWED BY: Craig Dawson, Interim City Administrator SUMMARY AND ACTION REQUESTED: Pursuant to State Statute §412.121, The City Council is asked to select an Acting (Deputy) Mayor on the City's behalf, should Mayor Johnston be unavailable or unable to attend a meeting. sign an agreement, or attend functions on behalf of the City, Any member of the Council is eligible for this position. The recommended motion to act on this organizational function is as follows: SUGGESTED "Move to approve Council Member as MOTION: Acting Mayor,for 2012, to comply with and fulfill all duties enunierated in Minn. Statute §412.121 relating to selection of an Acting Mayor." BACKGROUND INFORMATION: Minnesota State Statute §412.121 reads: "As its first meeting each year the Council shall choose an Acting Mayor from the Council Members, The Acting Mayor shall perform the duties of Mayor during the disability or absence of the Mayor from the City, or, in case of vacancy in the Office of Mayor, until a successor has been appointed and qualifies.- This requirement is repeated in City Code Section 31.01 (E) (3). STAFF REPORT: City Staff has prepared this action in accordance with Minn, State Statute §412.121. RECOMMENDATION: It is recommended that the City Council appoint an Acting Mayor for 2012, pursuant to State Statute. by undertaking the following action: "Move to approve Council Member as Acting Mayor for 2012, to comply with and fulfill duties enumerated in. Minn. State Statute §412.121 relating to selection of an Actina Mayor." City Council Meeting .ppointment of ctingv Mayor January 3. 2012 Reizular Agenda Item I I ATTACHMENTS: None SUGGESTED ORDER OF BUSINESS: - Introduction of Item Report/Presentation....................,................. - Questions from Council to Public input, if Appropriate .,........ ........ ......... - Call for Motion ..... ...... ....... ........ Discussion .......... ...... ..... ...... ...... Action on Motion............ ..... .......... ........ Interim City Administrator Interim City Administrator ............... Mayor Facilitates Mayor Facilitates ....... Mayor & City Council . Mayor & City Council ............... Mayor Facilitates 2011 Minnesota Statutes: 41] 2.121 Acting Mayor At its first meeting each year the council shall choose an acting Mayor from the council members. The acting mayor shall perform the duties of mayor during the disability or absence of the mayor from the city or. in case of vacancy in the office of mayor, until a successor has been appointed and qualifies.- MAYOR & c 01 4 DATE: REGULAR ITEM #: Motion AGENDA ITEM: Appointment to Lake Elmo Firefighters Relief Association SUBMITTED BY: Craig W. Dawson, Interim City Administrator CATION January 3. 2012 12 SUMMARY AND ACTION REOUESTED: The by-laws of the Lake Elmo Firefighters Relief Association provide that there be two officials of the City that serve on its Board of Trustees. One must be an elected official, and the other may be an elected or appointed official. Former finance director Tom Bouthilet served as one of the City officials on the Board, and with his retirement there is a vacancy on the Board. The Council should select one of its members (as reauired) and one other official (either a councilmember by name or a staff nosition by title) to the Firefighters Relief Association Board of Trustees. BACKGROUND INFORMATION: The practice in the past regarding City membership on the Board of Trustees appears to have been the appointment of the mayor and the finance director. There is no requirement in the City Code for either position to serve on the Board of Trustees. and a reasonable review of resolutions did not result in finding such an official designation. It appears that the mayoral position has been viewed as an ex-officio appointment, and the other appointment has been fulfilled with the finance director. FINANCIAULEGAL/OTHER CONSIDERATIONS: The Board of Trustees generally meets on a quarterly basis. ATTACHMENTS: Excerpt from LEFRA By-laws re Composition and Duties of Board of Trustees SUGGESTED ORDER OF BUSINESS: Introduction & Report............................... ..... ..... Interim City Administrator Questions from Council to Staff Mayor Facilitates Public Input. if Appropriate ...... ...... ......... .................... ....... Mayor Facilitates Discussion .............. ..... ......... ....... ..... ............ Mayor & Council Members Motion(s) ....... .......... ......... ...... ..... ............ .................. Mayor Facilitates 4.6 Separation. Any member who becomes a Deferred Member with the Association prior to requesting retirement benefits shall complete and submit a Membership Separation Form. 4.7 Termination. Any member who is terminated by the Fire Department or Municipality shall cease accruing, benefits under the Association as of the date of termination. ARTICLE V BOARD OF TRUSTEES 5.1 Composition. The Board of Trustees shall consist of nine (9) members. Six (6) trustees shall he elected from the membership of the relief association. There shall be three (3) officials drawn from the Municipality. The three (3) Municipal Trustees must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal c,,overning board annually and the chief of the municipal fire department. 5.2 Duties. The Board of Trustees shall perform the functions and assume the same duties as a Board of Directors under Section 317A of the Minnesota Statutes. In addition. the Board of Trustees shall: (a) Have exclusive control and management of all funds received by the Treasurer pursuant to the statutes of the State of Minnesota and all moneys or property donated, given. granted or devised for the benefit of the Association. (b) Examine the books. papers. funds. securities and property in the custody of the Treasurer. and generally accounts, funds and securities. and property of the Association. (c) Examine and approve the validity of all claims prior to payment by the Treasurer. (d) Provide the forms on which members may submit claims to the Board of Trustees for their approval. (e) On an annual basis or more frequently, as may be required to determine benefits, confirm minimum firefighter and service standards pursuant to the Volunteer Firefighter definition in Section 2.1 of the Plan attached hereto. (f) Assume such additional duties as may be described in Article IX herein and in Association policies and procedures or required by, state law including the establishment of any committee deemed necessary, or appropriate. 21107 MNFPC bylaws V3.0 AGENDA ITEM: SUBMITTED BY: DATE: January 3, 2012 REGULAR ITEM #: Motions Appointments to City Council (Sub)Committees Craig W. Dawson, Interim City Administrator 13 SUMMARY AND ACTION REQUESTED: For the past few years, the City Council has designated subcommittees and appointed councilmembers to serve on them. The Council may wish to review how these subcommittees have performed and consider making appointments for 2012. These appointments include: Finance Human Resources 1-94 Corridor (aka Gateway Corridor) Jobs. Growth, and Business (aka South of 10th Street Planning Old Village Planning Regional and State Affairs Fire Department Liaison BACKGROUND INFORMATION: The 2011 councilmember appointments are as follows: • Finance: • Human Resources: • 1-94 Corridor: * Jobs. Growth, and Business: • Old \Tillage Planning: • Regional/State Affairs: • Fire Dept Liaison: Mike Pearson, Anne Smith Brett Emmons, Dean Johnston Brett Emmons, Dean Johnston Nicole Park, Mike Pearson Brett Emmons, Anne Smith Brett Emmons, Anne Smith Anne Smith LEGAL/OTHER CONSIDERATIONS: While the Council uses the term "subcommittee," it is simpler and more proper to refer to them as "committees." Whether a quorum or less than a quorum of the Council is appointed to such a body is irrelevant: as long as the Council has established a group. the meetings must be posted and open to the public. It would also be proper to have minutes in some form prepared from committee meetings. ATTACHMENTS: Excerpt from League of -Minnesota Cities Handbook re: Open Meeting Law SUGGESTED 0 ER OF BUSINESS: Introduction & Report...............................„............. Interim City Administrator Questions from Council to Staff ......... .............. ..... Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Discussion ..... . ...... ...... ....Mayor & Council Members Motion(s).......... ....... ................................ ..... ........... ...... Mayor Facilitates .7.ie.:ii,:i..'stnrspaper.'.. onnannin 332 N W.2d 1 (Minn I983i. St::; M mi. Sim ; 46-.7 7!".:;1.10. ". Minntima„ iviu)icinar ) 578 N.W2d 362 (Minn. 1998), rolwrn- 11;: 2S! 336 N W.26 510 (Minn 1983 niz 1qs: 33:: N.Vi',2c.1 1 (Minn. 19831 CHAPTER 7 B. Open meeting law 1. Purpose of the open meeting law The open meeting law requires that meetings of public bodies must gen.eraliy be open to the public. It serves three vital purposes: • Prohibits actions from being taken at a secret meeting where the interested public cannot be fully informed of the. decisions of public bodies or detect improper influences. Ensures the public's right to be informed. • Gives the pubiic an opportunity to present its views. 2. Groups governed by the open meeting law Under the Minnesota open meeting law. all city council meetings and executive sessions must be open to the public. with only a few exceptions. open meeting law also requires meetings of any committee, subcommittee. board. department, or commission of a public body to he open to the public. The governing bodies of local public pension plansi."' °using and redevelopment authorities. economic development authorities, and city -created corporations are subject to the open meeting law. The Minnesota Supreme Court has held, however, that the governing body of a municipal power agency, created under Minn. Stat. §§ 453.5]-453.62. is not subject to the open meeting law because the Legislature has granted these agencies authority to conduct their affairs as private corporations. 3. Gatherings governed by the open meeting law The open meeting, law does not define the term "meeting.- The Minnesota Supreme Court. however, has ruled that under the open meeting law. meetings are gatherings where a quorum or more of the council or other governing body or of a committee. board, department or commission of the city council or other governing body are present, arid at which the members intentionally discuss, decide or receive information as a group on issues relating to the official business of that body. As a result, the open meeting law does not generally apply in situations where less than a quorum of the council is involved. However. serial meetings in groups of less than a quorum that are held in order to avoid the requirements ofthe open meeting law may be found to violate the law. depending on the specific facts. FIANDBOOL FOR MINNESOTA CITIES Tnis chapiei as revised 8,2011 CrTY OF LAKE ELMO 'TA Y R. & COUNCIL COA4MUNICA TION. DATE: 1/3/2012 REGULAR ITEM #: 14 MOTION AGENDA ITEM: Planning Commission: Appointments SUBMITTED BY: Nick Johnson, Interim City Planner REVIEWED BY: Kyle Klatt. Planning Director Carole Luczak, Interim City Clerk SUMMARY AND ACTION REOUESTED: Pursuant to City Council Direction, the City Council is respectfully requested to consider appointing Members to the Planning Commission and, in doing so, balancing, expiration of terms and reappoinnnents, as per City Code § 32.027. The recommended motion to undertake this action is: SUGGESTED "Move to re -appoint Todd Williams to a 3-year term as a Voting Member on MOTION: the Lake Elmo Planning Comnzission; and To re -appoint Julie Fliflet to an additional 3-year term as a Voting Member on the Lake Elnzo Planning Conzmission" BACKGROUND INFORMATION & STAFF REPORT: The City Council is respectfully requested to approve the re -appointment of Commissioner Todd Williams to the Lake Elmo Planning Commission. Due to the fact that Commissioner Williams filled a previously vacated appointment, he remains eligible for two consecutive terns as a Voting Member. In addition. the City Council is requested to consider the re -appointment of Commissioner Julie Fliflet as a Voting Member of the Lake Elmo Planning Commission. At the end of 2011, Commissioner Fliflet finished her 2' consecutive term and would not be able to serve a 3rd consecutive term without the approval of the City Council. Since the completion of her 2nd term, she has expressed an interest to remain on the Planning Commission to fulfill an additional term. The reasons detailing this request are attached in a letter from Commissioner Fliflet to the members of the City Council. Pursuant to Council direction, clarification regarding the status of Chairman Robert Van Zandt's term on the Planning Commission is necessary due to some confusion about the completion of his term. At the January 2.561. 2011 City Council meeting, Robert Van Zandt was granted an City Council Meetrng Planning Commission: Appointments January 3rd, 2012 Regular Agenda Item # 14 adjusted 2-year term to the Planning Commission in order to preserve Commission continuity and reduce overall Commission turnover. Under City Ordinance, the City Council has authority to make such appointment, upon due consideration of the overall applicant pool. Therefore. Chairman Van Zandt's current tern runs through the end of 2012. As such, if action is undertaken tonight, as directed, the following would be the composition of the Planning Commission: Name Term Expires Notes Julie Fliflet 12/31/2014 - if reappointed 3rd consecutive term Todd Williams 12/31/2014 - if reappointed 1st full term Jennifer Pelletier 12/31/2012 1st term Robert Van Zandt 12/31/2012 adjusted 2-year tenn Joan Ziertman 12/31/2012 1st term Thomas Sidon 12/31/2013 1st term Greg Hall 12/31/2012 2nd consecutive term Nadine Obermueller 1st alternate Kathy Haggard 2nd alternate RECOMMENDATION: The City Council is respectfully requested to affirmatively consider appointing the identified individuals to the Planning Commission. In doing so. the City Council will also be acting to further balance expiration of terms and reappointments, as per City Code § 32.027. The recommended motion to undertake this action is: "Move to re -appoint Todd Williams to a 3-year term as a Voting e ber on the Lake Elmo Planning Commission; and Upon consideration of the applicant pool and pursuant to City Ordinance, to re- appoint Julie Fliflet to an additional 3-year term as a Voting Member on the Lake Elmo Planning Commission" Alternatively. the City Council does have the authority to modify or change the recommended appointments. If any changes are undertaken. the proposed motion would be as follows: "Move to Appoint Members to the Planning Commission, as discussed and agreed to at tonight's meeting." ATTACHMENTS: 1. Letter from Commissioner Todd Williams expressing his interest for re -appointment 2. Letter from Commissioner Julie Fliflet detailing her request for re -appointment City Council MeetingPlanning Commission: Appointments January 3rd. 2012 Regular Agenda Item 14 3. Lake Elmo City Code § 32-027 SUGGESTED ORDER OF BUSINESS: Introduction of Item - Report/Presentation Questions from Council to Staff Public Input, if Appropriate ....... ...... . ...... .......... City Administrator Interim City Planner ...... ...... ................... Mayor Facilitates ............. ..... ........ ....... ..... Mayor Facilitates - Call for Motion Mayor & City Council Discussion ...... ................ ..... .................................. ...... Mayor & City Council - Action on Motion.. ..... ........ ...... ......... ..... ..... ....... ......... Mayor Facilitates page 3 -- Carole Luczak From: Todd Williams <toddwilii@comcastnet> Sent: Wednesday, December 28, 2011 9:07 PM To: Carole Luczak Subject: Planning Commission Carol, I am interested in serving a full term on the Planning Commission, beginning Jan 1, 2012. Thank you. Todd Williams Carole Luczak From: Nick Johnson Sent: Tuenday, December 27.2U11 10�52AM To: Carole Luczak Subject: FVV: Planning Commission D�` / 7 )0l' "u" - — --'OhOina|Message --- F,om: UUi0et(cDsncomaU.org |nnai|toiOif|et(d)socomuiioud Sent* Tuesday, December27' 2011 I0:48 AM To: Nick Johnson [c Kyle K|att Subject: Planning Commission Hello Please forward this message to the City Clerk for me for forwarding on to the City Council: Dear Council Members I would be interested in continuing to serve on the Planning Commission, | have been asked and encouraged bymany of the current members to continue on, as the current membership on the Commission does not have a lot of members chat have served for very long and | feel | add great value inthat regard. |amcurrently Vice Chair ofthe Commission as elected bymyfellow commission members, Please consider myrequest for approval tocontinue toserve another term onthe commission. Thank you! Julie Ri0e1 Julie F|Jlet Director of Finance The Saint Pau} Chamber Orchestra iMiflet4DspcomaiiorR /mai|1ojf|iMetpspcomaiLo/R>T6Sl.29l324l Third Floor The Historic Hamm Building 408 Saint Peter St, Saint Paul, MN55lO2'1497 http://www.thesPco.org/ MADE POSSIBLE 8YAUDIENCE CONTRIBUTIONS § 32.027 COMPOSITION. (A) Genera111% The Planning Commission shall consist of 7 voting members and 2 non -voting alternate members. The voting members shall be appointed for a 3-year term so that only 1/3 of the appointments will expire on December 31 of each year. Voting members may not serve more than 2 consecutive terms. Appointment to an additional term(s) will be considered with the available applicant pool. Alternate members shall be appointed to serve until there is a vacancy on the Planning Commission. The City Council shall appoint a first alternate and a second alternate who shall become voting members in the order of their appointment upon a vacancy on the Commission. (1997 Code, § 210.03) (Am. Ord. 97-96, passed 1-15-2002: Am. Ord. 97-147, passed 2- 15-2005: Am. Ord. 97-200, passed 11-5-2007; Am. Ord. 08-046, passed 6-21-2011) (B) Special appointments. (1) At the discretion of the City Council, up to 5 additional appointments can be made to the Planning Commission, for each special project, including but not limited to Environmental Management, Maintenance Advisory. and the Old Village, to assist with special projects currently in process, or directed by the City Council to be studied. drafted. and completed. (2) The term of the special appointments shall expire 2 years from the date of appointment, or upon completion of the special project, whichever is first. Any special appointee may request reappointment if the specific project is not completed in that time. (3) (a) Special project appointees shall have full voting privileges only on issues specifically related to the special project. (b) Full voting privileges for the regular Planning Commission shall remain consistent with this section. (Ord. 97-67, passed 1-2-2001; Am. Ord. 97-70. passed 1-16-2001) M! Dr- 1:E DATE: January 3, 2012 REGULAR ITEM: 15 Motion AGENDA ITEM: Potential Additional Funding or Targeted Pay Adjustments SUBMITTED BY: Craig W. Dawson, Interim City Administrator REVIEWED BY: Joe Rigdon, Interim Finance Director SUMMARY AND ACTION REQUESTED: The Council included S16,525 in funding for targeted pay adjustments in 2012 with the intent to enhance retention and recruitment of City employees. On November 1. the Council authorized S3,114 of this amount to be used toward the City's employer's cost for health insurance premiums. On December 6, the Council approved pay adjustments using all of the remaining S13,411 to take effect January 1, 2012. The Council requested staff to develop alternatives to consider in further pay adjustments using the $3.114 that had been redirected toward the employer's health insurance cost. The Council may make a motion to authorize the use of the balance in the General Fund for further pay adjustments; to authorize funding for suggested adjustments; to take no further action on pay adjustments at this time; or request further alternatives be developed (and for which direction should be given to staff). BACKGROUND INFORMATION: There apparently was an unclear understanding of what was meant in the City Council's decision that the 2011 employer contribution for health insurance was not to be increased in 2012. To oversimplify, there was a difference of approximately S4.350 in what was budgeted for 2011 and what was actually to be paid in 2011. The figure used in developing the 2012 budget was based on what was to be paid in 2011. Hence, when it came to selecting the health insurance plan for employees in 2012, the one preferred was S3.114 more than had been paid in 2011, and the Compensation Adjustment Account was considered to be used for this additional cost. The S4,350 difference between what was budgeted and what was to be paid in 2011 has been put in the balance of the General Fund. The unrestricted amount available in the General Fund is around S1.7 million. Policy Issue: The most important issues for the Council are (1) whether it wishes to revisit the policy decision it has already made regarding the use of funds within the Compensation Adjustment account, and (2) whether it wishes to use the balance in the General Fund for what will be on -going expenses. Council may recall my comment that similar adjustments may he needed for the next few years to make the City's pay levels competitive for more effective retention and recruitment of staff. STAFF REPORT: 1 have prepared potential pay adjustments using the S3,1I4 in the Compensation Adjustment Account that was directed toward employer health insurance costs. This approach allocates the amount so that each position identified is increased to the same percentage of average pay for their respective position as reported by comparably -sized cities participating in the 2011 League of Minnesota Cities salary survey. This approach was used in making some of the targeted pay adjustments that the Council has already approved. FINANCIAL/LEGAL/OTHER CONSIDERATIONS: As noted earlier, the total of pay adjustments already authorized and those under consideration in this memorandum would be the S16,525 originally placed in the Compensation Adjustment Account. Funding for the additional S3,114 in targeted salary adjustments would come from the balance in the General Fund. ATTACHMENTS: Adjustments to pay for selected positions to increase salaries of all of these positions to the same percentage of average pay as reported in 2011 League of Minnesota Cities salary survey Comparison of Lake Elmo salaries and pay ranges to cities with populations of 5.000 to 15.000 that participated in the 2011 League of Minnesota Cities salary survey SUGGESTED ORDER OF BUSINESS: Introduction & Report... ............ . ....... Interim City Administrator Questions from Council to Staff. ....... ...... .................. ......... Mayor Facilitates Public Input. if Appropriate .................... .............. ....... ....... Mayor Facilitates Discussion ............................ .............. ..... ...... Mayor & Council Members Motion(s) Mayor Facilitates Alternatives for additional S3,114 in salary adjustments January 3, 2012 Using data from cities with 5,000 — 15,000 population participating in the 2011 League of Minnesota Cities Salary Survey Potential Alternative: Distribute $3,114 among the positions that have the lowest percentage of average pay for their comparable positions, to try to achieve the same "floor percentage" among the Lake Elmo positions affected. Actual Lake Elmo 2012 "Aged" % of Actual Pay 2012 % of Average Range Average Average_ Adi. Salary Average Office Support, S37,100-46,200 S44,500 Experienced Lake Elmo S31.200-40.600 S35.506 79. $988 $36.494 82.009?/ Fire Chief S60,500-85,200 583,400 Lake Elmo S53,400-67.600 566„269 79.4% 52,126 568.395 82.009° Finance Dir. $68,500-89,700 585.100 Lake Elmo S57,100-72,400 $69.300 (vacant) 81.4°,/0 5 0 8l.4° Cmty Dev Dir S73,700-93.200 588,600 Lake Elmo S71.400-90,500 579,500 89.7 ' 0 89.7% Total Adjustments S3,114 Alternatives for additional 4 in salary adjustments January 3, 2012 Using data from cities with 5,000 — 15,000 population participating in the 2011 League of Minnesota Cities Salary Survey Potential .kdiustments: Distribute $3,114 among the positions that have the lowest percentage of average pay for their comparable positions, to try to achieve the same "floor percentage" among the Lake Elmo positions affected. Actual Lake Elmo 2012 "Aged" % of Actual Pay 2012 % of Average Ranae Average Average Adi. Salary Average Office Support, $37.100-46.200 $44,500 Experienced Lake Elmo 531.200-40,600 535,506 79.8% $988 536,494 82.009% Fire Chief $60,500-85200 $83,400 Lake Elmo $53,400-67,600 $66,269 79.4% 52,126 568,395 82.009% Finance Dir. $68,500-89,700 $85,100 Lake Elmo $57.100-72,400 $69.300 (vacant) 81.4% 5 0 81.4% Cmty Dev Dir $73,700-93,200 $88,600 Lake Elmo S71.400-90,500 579.500 89.7% Total Adjustments $3,114