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Home My WebLink About09-04-12 CCMPTHE CIT OF LA E LMO Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City's Open Space Character OTICE iF EETL City of Lake Elmo 3800 Laverne Avenue North Ci Council Meeting Tuesday, September 4, 2012 7:00 p.m. E DA A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. ORDER OF BUSINESS/GROUND RULES F. ACCEPT MINUTES 1. Accept August 21, 2012 City Council minutes G. PUBLIC COMMENTS/INQUIRIES H. PRESENTATIONS a) Youth Services Bureau - Mary Planten-Krell b) Proclaim Week of September 17 to 23, 2012 Constitution Week CONSENT AGENDA Note: Items listed under the Consent Agenda will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the Consent Agenda for separate consideration. 2. Approve Payment of Disbursements and Payroll 3. Approve Updated 2012 Fee Schedule 4. Affirm Hiring of Building Official Rick Chase 5. 2012 Rain Garden Project - Award Contract 6. Authorization for John Shiltz to Dispense Beer and Wine Coolers at the Lake Elmo Days Community Event on September 7 and 8, 2012 . REGULAR AGENDA 7. Ordinance 2012-61 Approving Zoning Text Amendment - Shoreland Standards 8. Malmquist RAD-2 Concept Plan Extension: 9424 Stillwater Boulevard 9. City of Lake Elmo Staff Retreat K. SUMMARY REPORTS AND ANNOUNCEMENTS Mayor and Council Administrator City Attorney City Engineer Planning Director Finance Director Adjourn LAKE ELMO CITY COUNCIL MINUTES AUGUST 21 2012 CITY OF LAKE ELMO CITY COUNCIL MINUTES AUGUST 21,2012 Mayor Johnston called the meeting toorder at7:OOp.mo. PRESENT: Mayor Johnston, Council Members Emmons, Pearson and Park Also Present: City Administrator Cu\cger, City Attorney Sicbeoeder, City Engineer Griffin, Finance Director Bendel, City Planner Johnson and City Clerk Thoo*. Absent: Council Member Smith APPROVAL OF AGENDA Item 5 (Approval of Probationary Firefighters) was pulled from the Consent Agenda for discussion. Mayor Johnston requested that Item 1Z(Keats Avenue) bemoved to"Item 7.5^between Items 7 (Keats Avenue Public Hearing) and 8 because they are related. The Mayor asked fora oomboo to approve the agenda. Council Member Park requested that ltcuz 11 (Extension for Preliminary Dovc\npnoeot Plan related to a 5eoinrLjviog/Form School project) be tabled until the Septromber4' 2012 meeting. The Mayor instructed the Council that before the agenda could be amended, there had to be a motion to approve it. Council Member Pearson moved to approve the agenda. Council Member Park seconded the motion. Council Member Park then moved to amend the Agenda by removing Item 11 and postponing ituntil the 5eptennber4, 2012 meeting. Council Member Eonrnnus indicated be had some questions for discussion. Bothen seconded the Motion toAmend. Council Member Emmons asked if postponing action on Item 11 would cause any timing problems for the project. Administrator %ulegnr told the council that because the Council in the past has already granted two extensions, it should not be a problem to postpone the Item. He also indicated that the applicant ioout nftown. Beexplained that the last extension was granted inorder tohold a neighborhood meeting, Mayor Johnston spoke against the amendment and expressed his preference to keep the item on the current agenda doe to the difficulty of successfully having five council members present. Council Member Park explained that her reason for the amendment was because she knows absent Council Member Smith wanted to speak on the matter, Council Member Pearson expressed his general support for the amendment. MOTION ON AMENDMENT. Council Member Park moved to amend the Agenda by removing Item 11 and postponing // until the September 4, 2022 meeting. GxunoY Member E/nnnonz seconded the motion. Motion passed 3-1, Johnston Nay MOTION: Council Member Pearson onnvod to approve the August 21 2012 City Council Agenda as amended. Council Member Park seconded the motion. Motion passed 4-0. Page lof15 LAKE ELMOCKTY COUNCIL MINUTES AUGUST 21,2012 ACCEPTED MINUTES 1.Tbc August 8, 2012 City Council minutes were approved as presented bnconsensus n[the City PUBLIC COMMENTS/INQUIRIES: S. Approve Conditional job Offers to Probationary Firefighters: Doodoiclara, Christopher 3uyan'Adexauder 8Upisdh, Michael Neuman, Thomas Ri)pincb, Richard CinopeL and Dan LeVaoocur. District [b)cf Brad V0okeb represented the Fire Department in presenting the probationary firefighters tothe council. MOTION: Council Member Pearson moved to approve the conditional job offers to the probationary firefighters. Council member Emmons seconded the motion. Motion passed 4-0. District Chief Wiokels also announced two retirements: Captain Bernard Sachs retired in July after 12 years and 9 months of service. Firefighter Mark \7aodcnu,neltraudt retired in March after 18 years and 10 months service. Additionally, itwas reported that Captain Mike Cornell and Firefighter Tom Steinman attended and passed the Century College Fire Apparatus Operator course. As onoo as they complete the Emergency Apparatus Defensive Driving course, they will be brought to the council for approval as Engineers outhe Lake Elmo Fire Department. Lastly, District Chief Winkel pubUodh/acknowledged that Recruit Thomas HUpischwas recently honorably discharged from the United States Marine Corps and thanked him for his service. Judy Gibson ofl0684 1Om 3t Ct. N.spoke in her capacity asVolunteer Coordinator for the library and the Friends of the Library no the Library Volunteer Appreciation Porty. She reported that the party was asuccess. The Council thanked the volunteers for all their hard work, Mayor Johnston specifically acknowledged that all the work performed at the new library was accomplished by volunteers. PRESENTATIONS: EMPLOYEE QUALITY STAR RECOGNITION: City Administrator 2u|eger presented two recognition awards for building conunounbv from the bottom up: Washington County Sheriffs Deputy Andy Loehr and Family Means. Deputy Loehr for his commitment to the quality of life for the youth of the Cimarron neighborhood; Family Means for its commitment to the quality of life for the youth of the Cimarron neighborhood by organizing after school and summer programs for children and at -risk teens. Representatives Jamie and Katie accepted the award onbehalf ofFamily Means. Page 2 of 15 LAKE ELMO CITY COUNCIL MINUTES AUGUST 21,2012 CONSENT AGENDA Z. Accept Financial Report dated July 3l,ZUl2 3. Accept Building Permit Report dated July 3l'2OI2 4. Approve Payment of Disbursements and Payroll in the amount of $ 392,818.96 6. Resolution ZO1Z-40Approving State o[Minnesota joint Powers Agreements with the City ofLake Elmo onBehalf n[Its City Attorney and Sheriffs Office MOTION: Council Member Pearson nnuvcd to approve the Consent Agenda /teonsI 3, 4 and 6oz presented. Council Member Park seconded the motion. Motion passed 4-0. ITEM7: KEATSAVEN0E NORTH MSA STREET AND WATER MAIN PUBLIC IMPROVEMENT HEARING (CONTINUED FROM MARCH 6,Z0l2) Engineer Jack Griffin presented the feasibility report. He gave a brief history of the process and actions taken thus far as well as an overview of the project and subject property. Hrexplained that the water main portion was included in the street project to save costs instead of doing both projects separately. Mr. Griffin also reported the past study findings and reiterated that this connection was needed inthe long term anyway. Mr. Griffin explained how the properties with direct driveway access toKeats Ave. N.were included in proposed assessment. He again mentioned the proposed option of obtaining easements from several property owners near the existing water main and running the Uuo across the properties instead o[along 470Street ioorder toincrease cost savings. The financial reasons tochange from a Rural Reconstruction to an Urban Reconstruction plan, vvbicb includes curbs and gutters' after the variance was denied, were reported. Mr. Griffin reported the total street improvement project cost of $ 1,297'000 with the Urban Reconstruction plan. The proposed assessment would be$3,40Oper unit. The total City cost would beabout $1,Z2Z,3OO. Mr. Griffin reported the total vvaterrnaiuimprovement project cos[nfSl,0%8,OOU. Healso explained the proposed costs for property owner including the assessment as well an the costs to connect to the water system, Those costs were: Assessment of $5'800; individual contractor fees for connection costs; Water Availability Charge (Z0l2WAC): $3,9O0;and Connection Permit Meter Fee (2012): $440. Council Member Emmons asked k4c ChfOo what the cost of the project would be i[K43A was not used and the original rundplauvvaxuocd. Mr. Griffin reported $l,14I00U 8eexplained that ifthe water main project was not included, there would be an additional $220,000 due to not being able to split the restoration costs between the two projects. There was hack and forth discussion between Messrs. Emmons and Griffin that there was not much cost savings between the pavement versus gravel shoulders, road width, and road make up. Mayor Johnston asked ifthe City could use the y0S&funds ouanother road. Mr. Griffin said that the funds can hcused elsewhere; however, the City would still have to make up any difference for the Keats Avenue project. Page 3 of 15 LAKE ELMO CITY COUNCIL MINUTES -~~.~-.~~~1^~~~12 Council K8codbcr Emmons asked what the next K43A road projects on the horizon were. Mc Griffin said that the next project would be 201h Street from Lake Elmo Ave. east towards West Lakeland Township. Council Member Pearson asked for confirmation that reclamation was not an option due to the soil boring test results, k4c Griffin confirmed that reclamation was not an option, He indicated that this proposal was rechecked with the geotecbnica|engineer. Council Member Pork asked for a reminder an to the importance and justification for the project. Mr. Griffin explained that this connection must be made before the water system can grow and take oumore users. Mayor Johnston reported an eooni\ he received regarding the installation of curbs and gutters. The email was inopposition tothe additional cost o[the curbs and gutters. Again Mr. Griffin explained that due to the rejection of the variance request, the curb and gutter option is the least expensive. Mc Griffin made it clear that the City did not jump straight to the curb and gutter option, but this was reluctant decision. Mayor Johnston stated the normal assessment policy vvbore contiguous property owners are assessed 30% of the cont and the City is responsible for 70Y6. He and Mc Gh[§o discussed how the City Assessment Policy takes the additional step of factoring in traffic data along Collector roads in order to further reduce the burden on the adjacent owners. For this project the property owners are only responsible for696 and the City will he responsible for 94%. This was done by factoring in the traffic volume for that road. Council K4crnber Park asked if the Lateral Benefit Charge was included in the Tabyn Park Project. Mr. Griffin confirmed that similar cbac�eovvcreiududod,but bed�boguisbedthat project broontbc Keats Ave project due tothe 3K4grant money included ioTabk/nPark, Council Member Emmons asked for clarification on why running the line down Lake Elmo Avenue instead of Keats was not feasible option. K4c Griffin again explained that in order to meet the 2030 growth targets, the Keats Avenue line would still need to be completed eventually. Mr. Griffin reiterated the fluid dynamics issues with the two line location options and the benefits of the Keats Avenue option. Mayorlohnston reopened the continuation ofthe public hearing at 8.00PM. Peter Gnoen ofSZ5O Keats Ave. N. spoke in opposition of the high costs being assessed to binz He stated that mtthe last meeting all the residents in attendance were opposed tothe project and did not desire water access. Be also stated he felt that be did not have any input on the project otall. He said he understood that as a resident of Lake B)000, be is subject to what Lake Elmo decides. However, be told the council that if the City had to do this project, all the residents of Lake Elmo should beresponsible for the costs. Page 4 of 15 LAKE EDMO CITY COUNCIL MINUTES AUGUST 21 2012 K1c Gh[Do responded to the assessment issue and stated that assessments were always difficult, but this is the only practicable time to collect payment for the benefits provided to ,he property Mc Eggen also stated that there were three cul-de-sacs that should be included in this project but arrnVLhoioGioc|uded- Mr George Crocker n[G093 Keats Ave. N. spoke in opposition to the project. Be disputed the reported traffic volume. Dcstated that behas been doing his own traffic survey o[the road since February. He threatened litigation if the City continues to use its statistics in calculating the assessment. Mr. Crocker also took issue with the water system improvements, Hesaid that the water system problems are due to 3K4 pollutants. He said tbat3M should pay for any improvements. Mayor Johnston announced that the City is a party to litigation with 3M for $25 Million. Mr. Crocker said that no assessments nbnu\d be levied pending that litigation. In closing, Mr. Crocker warned that "there may be trouble" if the citizens of Lake Elmo are burdened with the costs. Ms. Lea FouabeeofS093Keats Ave. N.expressed her concerns regardingthe proposed widening of the road. She stated that she has a large investment in trees, landscaping, and gardens that would bedestroyed bythe proposed widening. She also stated her displeasure with the impact from past road improvements. Council K4conhcr Ennn000s clarified for Ms. Fooshep that Mc GdU]o does not recommend the widening plan that Ms. Fousbnereferred to. Jmhostooclosed the Public Hearing mCGh1 OPM ITEM 12(A): APPROVAL OF RESOLUTION 301I'41 ACCEPTING THE AMENDED FEASIBILITY REPORT Council Member Park requested Mc Griffin provide clarification on the Lateral Benefit charge. Mc Griffin explained bovx hyassessing the property owners at the time, the city is able to recover the cost ofthe later benefits. Council Member Pearson asked for dmh5cati>u on the typical property owner/City liability percentages. Mr. 6riOlo again stated that typically the property owner is liable for 3096 and the City is liable for 7096. For this project, the City is liable for approximately 94% and the property owners are liable fnr09h. Mc Pearson then asked for information on the three cul-de-sacs that Mr. 2sueo referred to. Mr. 10 Griffin explained that those properties would be responsible for 10096 of each future project to provide access to the water system. That 100% equates to the $5,800. Mayor Johnston asked if the cost breakdown has been calculated to include any pntcmba| 3M Page 5 of 15 LAKE ELMO CITY COUNCIL MINUTES '�� xK0�� ^~..`~~�~-~�,�~�� anticipated b000Ot received from the suit vvnu\d not be enough to offset the cost of the trunk watermain system improvements. Council Member Go/nuons asked K4c Cd{Du i[bchas any experience iu delaying the incurred cost assessments. Mr. Griffin explained that the two assessment plans are either the split way proposed or to charge all costs at the time of connection. The risk of collecting at the time of connection in that those costs may never herecouped. Mayor Johnson also reiterated the benefit to the value of the affected properties regardless of connection to the system. Council Member Pearson noted that the City Assessor Frank Langer attested to the improved values realized by the properties with this improvement. Cnuod| Member Bron000s asked why increasing utility rates were not being discussed to help pay for these projects. Administrator %u)eger stated that the current rates were actually bieb in comparison to the area rates. By factoring future grnvvtb. potential litigation sett|nnnouto' and system connectivity charges, the water and sewer access charges should go down as more users help share the burden o[supporting the system and possibly affect the monthly usage rates aswell, Council Member Park asked i[the Lateral Benefit charge was comparable. Mr. Griffin said that itis actually based on a 2006 figure that the City of Lake Elmo determined and has not been increased since then. Covud) Member Pearson asked if the assessment charge was inflated because some savings, such an using smaller pipes, could be realized. Mr. Griffin explained that the assessment charge can go down i[savings are found later during the project, but itcannot goup, sothe figure isthe maximum. Council Member Eonnunos stated that be sympathizes with the affected residents and 6cc|o that the City ispossibly taking ontoo much with the water project. Council Member Pearson responded hv stating he believes this is a solution for the problem that the City has found itself in. Council Member Park wanted to make sure everyone knows that the assessment charge payments can be made over time. Mc Gdffio stated that the Road Improvement bond can be over 10 years and the Water can be over IG years. Council Member Pearson also pointed out that there are hardship provisions available. MOTION: Council Member Pearson moved to approve Resolution 2013-42 accepting the Amended Feasibility Report. MayorJohnston seconded the motion. Notion passed 3-1, Emmons nay. ITEM 12(13): APPROVAL OF RESOLUTION 2012'43 AUTHORIZING PLANS AND SPECIFICATIONS FOR KEATS AVENUE NORTH STREET AND WATER MAIN IMPROVEMENTS Council Member Emmons again asked the council if it was willing to entertain the discussion of adjusting water rates. Administrator Zu|eger confirmed that as soon as the Pro Forma is completed, it will be brought to the Council and rates and charges will be discussed. Page 6 of 15 LAKE ELMO CITY COUNCIL MINUTES ~..~.~~~~.~1,2~12 Mr. Oh[ho asked the Council if because the project was not brought by petition, whether a 4/5 snpernn 'obtyvnte is needed. City Attorney 3icbooeder and Administrator %u|cger both stated it did not. MOTION: Council Member Pearson moved to approve Resolution J0Z-42ordering plans and specificationsfor Avenue North Street and Water Main Improvements. Movorknhnstonseconded the motion. Motion did not pass 3'1,Emmons nay. This decis/mm/ummnmva/does require afour- fifths ITEM 8: CONSIDERATION OF STAFF RESEARCH &ANALYSIS OF THE FEASIBILITY ORGANIZED COLLECTION City Administrator Zuleger recommended that due to the volume and scope o[current projects io vvbicb the City is already involved, the Council should wait to move forward with the Organized Collection issue until Fiscal Year 3Ol4. 04oynr Johnston stated his position that be considers bapublic policy matter. He believes that action on the issue should not be delayed asthe potential benefits would impact the tox'paycc Administrator Zulcger confirmed that there would be potential cost savings to the tax -payer. Mr. Zuleger did note that the Maplewood conversion took a toll on the community. Council Member Pearson suggested that with all the current projectsitwould bcbetter i[individual homeowners and associations could handle the matter ootheir own. He is in favor ofholding off moving forward until 2014. Council Member Park said she agreed with Mr. Pearson and felt like Z0l4was not that far away. Council Member Ecnr000n stated that while he agrees with the Mayor that the matter should be addressed now, he would be more comfortable with addressing iti[the entire Council was more enthusiastic about discussing it. Bchas concerns about the lack n[^appct|te''nothe council totake on this additional project. Council Member Pearson noted that Lake Elmo is different from Maplewood and the results may bodifferent. Mayor Johnston pointed out that the chair of the Environmental Projects Commission is eager to take nuthis project. He also noted that behas spoken to many people supportive of the potential savings tothe City and residents this project could provide, Council Member Parks is concerned that despite the Environmental Projects Commission's willingness to head upthis project, the City staff will still broverburdened. Council Member Pearson brought up the fact that the Environmental Projects Commission recommended moving forward with the issue back in 2011 but action was not taken. He also reiterated that with the number of current projects and the new staff this addition would be too coocb. Page 7 of 15 LAKE ELMO CITY COUNCIL MINUTES ~~^~^~^~~~2~x~^~12 Council Member Er000nos asked for clarification on the Environmental Projects Commission's involvement. Administrator Zu)cgcr indicated that they undertook a cursory review of the issue. Mr. Emmons suggested that perhaps the Commission be instructed to work on the project with the expectation that the Council will take the issue up in 3014. City Staff would have minimal involvement. Administrator Zu\eguradded that there are many resources available, such as the Maplewood data that do not need staff involvement to evaluate. k0c Zu\ager also noted that Maplewood is the first metro city in the past 20 years to successfully move to organized collection. Mayor Johnston asked what information Maplewood would have in a year'auda'ba\ftbat it does not have now. Administrator Zu\cgcrsaid that because the y4ap\cvnond just started the collection, it would be premature to look at the data. A year and a half or two years should provide sufficient Council Member Pearson again reiterated that he would like home owners and associations to voluntarily investigate the issue on n srna||cr scale. Cnnocj) K0enobor Park agreed with Mr. Pear000's suggestion. She recommended that Administrator Zu|oger suggest this approach to the various associations when next meeting with them. Mayor Johnston stated that he was troubled by waiting until 2014 to start the investigative process with the timing restrictions already required by law. Council Member Pearson repeated his position that hcbelieved City staff could bebetter used elsewhere. Hecontinued toquestion why action on this issue was being pursued now after being tabled for solong. Mayor Johnston explained that be is now moving on it because he did not have the cost savings figures until recently. Council Member Park said she wants to put off discussing the issue because she does not believe they will be able to decide even by2Ol4. Justin B|oyer o[H8l lane Road North spoke in support of tabling the issue until 2014 in order to thoroughly discuss the issue. Citing an admittedly unnamed study, Mr. Bloyer asked bovv the cost per capita for road construction is the same for organized and non -organized cities. Be also asked vvby if organized collection resulted in such great cost savings, the policy is not being extended to other areas, such assewer pumping and grocery purchasing. Administrator %u\egerresponded hy citing data from Oakdale and Roseville of realized savings in road maintenance. Healso said that io every study that bnhas seen there are general savings shown. [ouod| &4eo'bor Pearson acknowledged that there are potential savings, but wants more time to verify the claimed benefits. Council Member Park does not support the motion having the Commission perform any work oo the issue during 2Ol3 because o[the staff time and resources required. Council Member Emmons clarified that the motion would limit any staff time orresources. Page 8 of 15 LAKE ELMO CITY COUNCIL '�� K�� ^..~~.~~~~~�"~~~.~ Christopher Dc|ahorest, representative for the National 3nUd Waste K4auagcnncut Association, voiced concern over the reported data and already completed work. He also requested that the process beopen and involve public hearings MOTION: Council Member Pearson moved to hold off on any further consideration, study, or use of staff resources on the issue of organized collection until 2024 ovh8c allowing the Environmental Projects Commission toinvestigate the issue. Council Member Emmons seconded the motion. Notion passed 3'1,Park nay. ITEM 9: AUTHORIZATION TO SUBMIT COMPREHENSIVE PLAN AMENDMENT FOR ADJACENT COMMUNITY REVIEW ABrief Five -Minute Recess was observed Reconvened Meeting City Planner Johnson presented the current Comprehensive Plan as approved by the Planning Commission at the August 13, 2013 meeting. He summarized the next steps in the Zoning Amendment process. Mr. Johnson provided anoverview o[the Planned Land Use revisions. Mayor Johnston sought clarification no the acreage ofthe proposed greenbelt, Planner Johnson indicated that itwas roughly 40 acres. They both discussed how this pnrbao would he counted toward the total park land dedication. Council Member Emmons asked what impact this fact would have on the potential reduction to pre-existing park plans. Mr. Johnson confirmed that the Commission acknowledged this during discussion and did not have readily available numbers for this impact. Mc Johnson stated the existing land use map has remained virtually the same with a knm minor changes, Throughout the process to draft this Comprehensive Plan Amendment, significant consensus has been built around the 1'94 Corridor Land Use Plan. 8ovvevpc some revisions have been necessary to achieve the best possible outcome for all parties involved, as well as to ensure consistency within the plan. These revisions ofthe plan include the following: Refinement of the base densities of the proposed residential zones (LDk: 3.5 to 2.5, MDR: 4.0 to 4.5. and UDR: 7.0 to 7.5 units per acre) in keeping with the requirements of the revised k40Uwith the Metropolitan Council. Addition of mixed -use designation to some parcels to provide added flexibility to areas that may develop with different land uses. Reduction of housing density near the Forest neighborhood to lower development intensity near aoexisting residential area. Revisions to the guided land use of an existing property involved in light manufacturing (Trans -City Investments), designating this property with a planned land use of Business Park. Page 9 of 15 LAKE EKMO CITY COUNCIL MINUTES AUGUST 21,2012 Significant efforts to better install buffer provisions, providing transition areas between rural and oevvec residential development near the Stooegate neighborhood, resulting in a proposed lUO' green belt including a public multi -use trail financed through park|aud dedication from development. The proposed plan allows for a much greater range o[housing densities than the Cjt/s existing plan, and the K4ct Council has indicated that the lower -density residential district that has been proposed will be acceptable as long nsthe overall densities throughout the future sewer area with the 1-94 Corridor planning area achieve a minimum density of 3,S units per acre. The section pertaining to the Memorandum of Understanding (K4OU) has also been updated to reflect the update to this document that was recently approved. Under the revised K4OU the City was granted an extension of five years to meet the nnioiruonn Residential Equivalent Connection (KEC) unit counts that were included an part of this agreement. Staff has created a new development staging chart to reflect the extension and to further reflect the revised land use plan. The uunubecn included in Table 3'C in the plan meet the requirements of the K10O for total REC units and also are consistent with the density ranges specified in the future land use map. An development moves forward within the City'sscvvcr development areas, it is Staffs intent to track all future scvvcr connections and to document all of these connections as contributing towards the City'srequired KECunits. In addition to the proposed Land Use Plan, the Comprehensive Plan Amendment includes a new Housing Plan as well. Bvmaking significant changes tn the Land Use Plan, the City is required to provide an updated Housing Plan that reflects the proposed changes in land use. The P|nooiog Commission thoroughly reviewed the Housing Plan, and revisions to this section were completed to reflect the recommendations o[the Planning Commission. He shared the Staging plan which identifies growth areas; utilities, sewer and water and highlights what areas the city will able to serve and in what order. It defines and protects the city from developers wishing to extend infrastructure. He explained the details of the housing plan stating with regard to future plans — on revisions were made by the planning corumninnino. Statistics show 2779 borne owner occupied properties in [abn Elmo at a 95% ownership rate. The average residential property cost: $396Kfhr Labe Elmo and $265K for Washington County; Persons per household down in Labe Elmo to 2.9; Population over 65 years of age: 11% in 2010' sbwvxiog we have an aging population; Gap of 20'39 year old demographic in city; study of adjacent communities is significantly lower compared to adjacent communities/jurisdictions. The following goals were identified: ll Support Family Neighborhoods 2) Walk -Ability 3) Expand Senior Housing Options 4) Greater Variety of Housing/Price Points/Rental Options He stated the process would include the submission of the comp plan for adjacent community review, submission tnthe Met Council within 6OtolZOdays and the final approval back tothe City Council anticipated ioDecember 2O12oc)anuary3QI3. Page 10 of 15 LAKE ELMO CITY COUNCIL MINUTES ^...~~~.-~1, 2012 Council Member Pearson explained and attested to the level of work that was put into the comprehensive plan document in front ofcouncil. Council Member Emmons inquired who would be purchasing these larger lots and inquired whether we are we missing the 30'39 age group demographic. Planner Johnson responded there are areas included iothe plan where the housing has targeted this demographic, Council Member Emmons inquired about the Forest neighborhood and asked whether we had received feedback on the bjgbcr density housing from bonneuvvoero. Planner Johnson explained the feedback has been positive for the compromised medium density housing and stated the biggest concerns were about tall multi -family housing which is not planned for the area. Council Member Park explained the southern Forest area has aview nfcommercial development and encouraged in the future to ensure o good buffer between residential and commercial structures. Council Member Pearson explained he would support concrete way of handling these types o[decisions inthe future. Council Member Eronmnox inquired about the Forest neighborhood and the buffers and Planner /ob000u stated the design standards cover much of the landscaping buffer areas and the expectations of the developers. Council Member Emmons asked for clarification on densities. Planner Johnson explained the density ranges and explained base densities and density ranges and how they are applied toareas within the zoning districts. Hestated they are flexible therefore are a more effective way to work out future development. He added Staff plans to work closely with developers in the future and all of these types of decisions will come before the public in the way of a public bearing. Council y4cozber Eru000us supported the coiscd use and especially supported the interdependence and walk -ability components and expressed his concern not to limit mixed -use areas anthey support ncommunity feel. Discussion was had bvCouncil Members discussing these and additional details and general consensus was iusupport of the plan proposed. Wayne Prowse of 697 Julep Avenue, located in the Stonegate neighborhood approached the council and explained people in 3toogate basically just have one issue: the biob density housing and the previously developed language with regard to screening and buffering which has been replaced by the green belt around 5tougutc vvbicb is a compromise to put it mildly. He expressed concerns regarding the number of people the project will support residing south of 10th Street and how all of the people proposed would fit into one area. He expressed concerns with thousands of residents utilizing just one park path inthe neighborhood. 8eexpressed concerns for giving upthe original language the neighborhood residents proposed in exchange for the lOO foot buffer - although be stated they are happy with the 100 foot buffer but are concerned over the lack of park land in the area included in the plan. He expressed they are happy about the requirements o[Z.5 versus the previous 3.5 but wanted to verify that it is in {act lS and that units will not bp allowed in some areas. Planner Johnson stated there will bc parklanddedicated tothis area and the neighborhoods tothe east will contribute also. Council Member Park inquired whether design standards for south n[l0m Street would support each community having its own park and whether this would be included in all neighborhoods. Planner Johnson explained this open space will beincluded inthe plans. Planner Johnson explained iuanswer to Mc Pcowse'sgucnton 2.5 isaoaverage and will be the lowest itmay come in atbut may include various requirements such as 23 in one area and 27 in another averaging out to 2.5 overall. He stated Staff mdU continue to track rec units to not over in extend the commitment toMet Council. Mayor Johnston inquired i[7.596was the current standard for dedicated park land could we discuss raising this amount to 10Y6' stating there needs to be Page 1lof15 LAKE ELMO CITY COUNCIL MINUTES ^....~US~21,2~12 additional park space. Planner Johnson stated that yes - it is currently 7.5% but that other communities have raised this dedication amount to 1096 and that would be an option for the city as well to discuss iothe future. Bruce Miller with MPC Properties, one of the property owners along the 1'94 Corridor and a member of the 1-94 Workgroup approached council and expressed his appreciation for staff, council and the 1-94 vvorkuroup and all the work they have done. Be stated the plan has been vetted well and is an example of a positive compromise meeting the requirements of the MOU. Work with the neighborhood groups and developers has been positive and the plan will come before the public again in the future. He expressed his support for acknowledging iothe plan that the 27'39 age group is little light inthe co/oouuuityaodconuroeoted the commercial mixed -use would be great addition - it allows much flexibility and is positive but he does not however support single family residential along the freeway (1'94). Be inquired whether super majority vote was needed to pass this phase of the comp plan towhich Ms. 3icbro*dcr-Acting Counsel, replied that itwould not require super majority vote but a simple majority note and added this action was simply an approval to submit the plan for adjacent community review. Discussion ensued regarding the preliminary nature of this plan to submit for review and the chance to make changes to the plan in the future. Planner Johnson encouraged moving this phase of the process along and explained minor changes to the plan would be considered during the additional phases of the process. Council expressed their trust for staff and the planning commission and supported the plan to approve the submission toreview. Council Member Emmons specifically noted for the record that approving this submission for crviu*v still allowed for council and staff to make changes to the comprehensive plan i[necessary iothe future. MOTION: Council Member Pearson moved to approve Authorization for Staff to Submit Comprehensive Plan AmmendmentforAdjacent Community Review. Moyorohnstonxecnndmd the motion. Motion passed 4-0. ITEM 10: ZONING CODE UPDATE: APPROVED BY PLANNING COMMISSION Planner Johnson presented the amendments proposed tothe Zoning Code which include new sewer residential and commercial zoning districts in the 1'94 Corridor that eventually will he implemented with the proposed Comprehensive Plan Amendment. He added Staff is proposing to revise the current structure of the Zoning Ordinance to allow for the incorporation of the new zoning districts with the existing districts and ordinance. }oorder to achieve this structure, Staff is proposing toadd new introductory and dcfioidmuosections Lothe ordinance inaddition tothe new zoning districts. In order to implement the proposed Land Use Plan contained within the City's Comprehensive Plan Amendment, it is necessary to amend the Zoning Ordinance to incorporate the new zoning districts that will outline the performance standards in each district. The Planning Commission held apuhUc hearing over the course o[two roectin�sinJuly and August o[2Ol2toreceive pubUccornnocntand review. The proposed amendments tnthe Zoning Ordinance were recommended for approval by the Planning Commission ouAugust l3,2O12. Considering the lengthy process and significant work involved in the Comprehensive Ptuo Amendment, Staff is proposing to update the Zoning Code in a phased approach as to not be Page 12 of 15 LAKE ELMOK`KTY COUNCIL MINUTES ^~~,~~~~21'2_1-~ overwhelmed with ordinance updates atthe time ofimplementation. |naddition topresenting the proposed zoning districts necessary to ronva the 1'94 Corridor Land Use Plan forward, the reorganization of the Zoning Ordinance will provide a framework to make the adoption of future zoning districts and performance standards more seamless. With this phased approach, the City may adopt the necessary future updates related to the Village Area and design standards at the appropriate bnncs. It is important to understand that until the Comprehensive Plan Amendment process is complete and the City has adopted anew official zoning map, the properties in the 1'94 Corridor will not be rezoned to allow for new development. In other words, these new zoning districts, if adopted, will serve as p}acebo)ders to ensure that the City is adequately prepared for growth at the appropriate time. Throughout the period of review of these proposed amendments to the Zoning Code, Staff has worked to revise these updates to reflect discussion and roozcueut received from the P\aouioD Commission during the review period and during the public hearings. The bulk o[these revisions were related to performance standards and allowable uses within the proposed new residential and commercial zoning districts. In addition, efforts were made to better dnfiuc buffering requirements between rural and sewer development through treatments konvv as opacity requirements. However, these revisions have since been removed in favor of a greenbelt provision within the Comprehensive Plan Amendment. In the future, buffering through the nocchaoisno of opacity may be revisited through either performance standards or future design guidelines for these districts. Districts related to future scvvec overlay will be included in future revisions. Numbering will provide greater flexibility to vet out new standards iuthe zoning code. He noted the existing code will remain in effect until the new code can be incorporated and implemented. The Planning Commission is recommending that the City Council approve five amendments to the Zoning Ordinance Loadd new sections osfollows: Article 1 - Introduction: curreotzonio� code is weak in sevcrabiUty and validity this �s addition would ensure that if one portion was invalidated it would ensure the code valid for other properties within the community. Article 2 - Definitions: expounds on the definitions and allows for definitions within various chapters o[the code. Article 6 - Not included: will be amended at a later date. Article 8 - Coning Districts: Outlining the new zoning districts and those replacing the general commercial district which include c00000crdaJ (standard'kroesca)e) and convenience commercial (smaller scale). Article 10 - Urban Residential Districts: Containing use charts of what in allowed for these rcoidnoba( districts. Includes allowances for commercial uno« in our high density residential districts which support nmLxcd-usc. Hcnoted lot standards have been lowered with the allowance to provide open space for the developments, allowing for residential lots provided the developer provides for open space within the development. Page 13of15 LAKE ELMO CITY COUNCIL MINUTES Article 12 - Cocoonenda| Districts: Commercial district design standards come from existing code for the new commercial zoning districts. New components include the GBdistrict will bereplaced as stated above by the convenience commercial and commercial districts and the 8P district will allow for light manufacturing. Planner Johnson recommended council approval ofthe preliminary zoning amendments presented this evening and recommended by the planning commission and for staff to bring back the actual ordinance amending the zoning code atalater date. Council Member Emmons inquired whether this was awork in progress and asked specifically about design standards. Planner Johnson stated the process that will include design standards will occur at the August 27, 2012 Planning Commission meeting and will be brought back to council in September. Mayor Johnston explained until this is actually approved as an ordinance, there is still opportunity to alter the language, a|dbuugb significant changes vvno|d require it to go back to the planning commission. Planner Johnson explained in answer to Council Member Emmons inquiries the process of how staff and the planning rnnnnniosiou create zoning code ordinance amendments and utilization of neighboring community standards, taking into consideration the city's goals. Council expressed their appreciation for Planner Johnson's work. MOTION: Council Member Pearson moved to Approve Section ][ 2, 8, 10 and 12 Zoning Amendments and for Staff to Bring Back an Ordinance Amending the Zoning Code as Recommended by the Planning Commission. Mayor Johnston seconded the motion. Motion passed 4-0. SUMMARY REPORTS AND ANNOUNCEMENTS Council Member Emmons reported the Village Work-roup is moving forward. Council Member Park -ooreport. Council Member Pearson reported be attended a Fire Relief meeting, two Planning Cno`ozhsioo meetings, expressing his appreciation of their work, a County shared services meeting looking at ideas tncollaborate with them iuthe future, and afire truck meeting. Mayor Johnston reported be attended a meeting with Council Member Pearson in appreciation for library volunteers and inrecognition oftheir contributions. Hcattended not asmayor but part nf the demolition crew. He attended ameeting with various County and City appointed and elected officials to discuss and set the stage for collaboration with them in the work that Lake Elmo will encounter inthe next few years time. City Administrator Zuleger reported staff is working on the final touches for the budget,developer inquiries are on the rise, nineteen code enforcement issues have been resolved, staff made a formal Page 14 of 15 LAKE ELMO CITY COUNCIL MINUTES AUGUST 21,2012 resolve the extended timeline of the website, along with Mike Bouthilet been the staff liaison for the Parks Commission, which is going smoothly and lastly, will be moving this coming weekend to MN. City Attorney Representative Sicheneder reported their office appreciated the approvalofthe ]K& and CDJN agreements approved at tonight's meeting to provide counsel resources that will improve service levels for the city. City Engineer Griffin reported council has his report and he vvoo)d be happy to answer any questions they may have and will be focusing on Trunk Hiobvvay36 Corridor to pursue funding with regard tothe project. Planner Johnson reported D»or new items for planning including the resignation of Planning Cononuisdnocr Joan Ziertman leaving two vacancies on the commission, a zoning amendment to planning no shore land standards consistent with DN8staodardo' Summit Board Shop pursuing CUP for a demo ski hill, working on design standards and an update on the Village. Finance Director Bendel reported working on profnrmas with Northland, rba]\eoGes in providing concrete usage data hoping to present at next meeting, working on budget reviewing investment schedule and stepping bonds/interest income. ADJOURN: The meeting adjourned at 10:49 p.m. Sandie 7boue.City Clerk Page 15 of 15 LAKE ELMO CITY COUNCIL Dean A. Johnston, Mayor Constitution Week September 17 — 23, 2012 WHEREAS, our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States; and, WHEREAS, it is important that all citizens fully understand the provisions and principles contained in the Constitution in order to effectively support, preserve and defend against all enemies; and, WHEREAS, September 17, 2012, marks the two hundred twenty-fifth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and, WHEREAS, it is fitting and proper to accord official recognition of this magnificent document and its memorable anniversary; and, WHEREAS, the independence guaranteed to American citizens, whether by birth or naturalization, should be celebrated during Constitution Week, September 17 through 23, 2012, as designated by proclamation of the President of the United States of America in accordance with Public Law 915; NOW THEREFORE, REIT RESOLVED Mayor of the City of L of September 17 through 23, 2012 as a , do hereby proc CONSTITITTTON WEEK aim the week . "w«�'.. ;. �... August 28, 2012 ea, 711i 4ker,e,r, Administrator , 02' City of Lake Eimo 3800 La-,7e, fie Ave,. No. Lake Elmo, MN. 55042 ne2r Mr. 7-+-ger, I am sending you a copy of a proclamation 1 would like you to consid, uo s C-0:i 17 to 23, 2012. I would like to have a picture taken with you at that time that IIWY tAt if) t)iie 010Liiii i ii ii s. ThiS is 06.6 uiivaCLiV il:V the Saint Croix River Valle-y- Chapter of the National Society Daughters of the Americ,,n I understand that your meeting date is 8/04/2012 at 7:00pm. I have talked to iCad-ina and she adViSc'td flie yOU SCJ 11.Je olaced on the agenda. I would like to come early so we can do this and not delay your t me kot:meeting Please lenwfhi possible. Thank you for considering this item for you agenda. Sincerely yours, 51-439-3497 eandd29Etcomcast.net HE CITY OF I AKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 09/4/2012 CONSENT ITEM #: MOTION Consent Agenda AGENDA ITEM: Approve Disbursements in the Amount of S71,068.54 SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Dean Zu1eer, City Administrator REVIEWED BY: Joan Ziertman, Finance Consultant SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of S71,068.54. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # ACH ACH DD4139 — DD4157 38807-38809 1569-1577 38743-38806 38891-38900 .Arnount Description $ 8.322.48 Payroll Taxes to IRS S.: MN Revenue 8/2 /2012 8 4.379.60 Payroll Retirement to PERA 8,123/12 23,798.01 Payroll Dated 8/23/12 (Direct Deposit) 1,006.42 Payroll Dated 8/23/2012 (Payroll Paper Checks) $ 540.00 Accounts Payable Dated 9/4112 (Library Checks) 31_331.84 Accounts Payable Dated 9/4/12 .Accounts Payable Manual 8/30112 S 1.690.19 TOTAL 8 71.068.54 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 Agendaproposed disbursements in the amount of S71,068.54. 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 September 4, 2012. Disbursements as Presented [and modified] herein." ATTACHMENTS: . Accounts Payable Dated 9/4/2012 SUGGESTED 0 JER OF BUSINESS (if removed from the Consent Aeenda): Questions from Council to Staff ............... ............... ..... ...... Mayor Facilitates Call for Motion ..... . ........ ....... .......... Mayor S.: City Council Discussion .......................... ...... ..... ......................... ....... Mayor & City Council Action on Motion ...... ......... ............ Mayor Facilitates Accounts Payable To Be Paid Proof List joan z f'rinted: 08130/2012 - 1:18Prvl Batch: 007-08-2012 illA ()ice I/ lin Date Amount Quantity Pint Date Description Reference Task Type PO # Close POI ,ine # ALERTALL Alert -All Corp 712080214 08/20/2012 949.50 (1.00 09/04/2012 Fire Prevention Supplies No 0000 101-420-2220-42090 Fire Prevention 212080214 Total: 949,50 Al IRTALL Total: 949,50 A NI HOIST American Test Center, corp 2 122669 08/21/2012 200,00 0.00 09/04/2012 Hoist and Lift inspections No 0000 101-430-3100-4,1010 Repairs/Mainl Bldg 2122669 Total: 200.00 AM ERTEST Total: 200.00 ARAM Aramark, Inc. 629-7561309 08/30/2012 23.78 0,00 09/04/2012 Uniforms No 0000 101-430-3100-44170 Uniforms 629-7561309 Total: 23.78 629-75631)72 (18/20/2012 38.22 0,00 09/04/20 12 Linen City Hall No 000(1 101-41(1-1940-44010 Repairs/Maint Contractual Bldg 629-7563072 Total: 38.22 ARAM Total: 62.00 BENDEL Bendel Cathy Req 08/27/2012 84.06 0,00 09/04/2012 Office Supplies - Finance No 0000 I 01-4 I 0-1520-42000 Of'Iice Supplies Clik Reg Total: 84.06 BENDEL Total: 84.06 CARQUEST Car Quest Auto Parts 6971-267272 08/20/2012 1111 -430-3 I OD-4,1040 Repairs/Mahn Eqpt 7.94 0,00 09/04/2012 Fuel Cap No 0000 AP To Be Paid Proof ist (118/30/12 - 1:18 PM) Page 1 Invoice # Inv Dale Amount Quantity Pint Dale Description Reference Task Type PO tl Close ['Mine # 6971-267272 08/70/20 I 2 101_430_3100_42150 Shop Materials 6971-267272 Total: 6971-267337 08/20/2012 I 01-430-3100-44040 Rcpairs/Maint Eqpt 6971-267337 Total: CARQUEST Total: 26.02 0.00 09/04/2012 Misc Shop 33,96 9.37 0.00 09104/2012 Diesel Fuel C'ap 09-1 9.37 43.33 CEN1 URYL CenturyLink 003653 I 8 08/29/2012 120.19 0,00 09/04/2012 Phone Service - Library 206-450-5300-432 I 0 Telephone 00365318 08/29/2012 35.95 0.00 09/04/2012 Internet Service - Library 206-45(1-5300-43250 Internet 003653 I 8 Total: 156.14 CENTURY L. Total: 156.14 No 0000 No 0000 No 0000 No 0000 DELTA Delia Dental Of Minnesota 4922940 (18/15/2012 1,080.1(1 0.00 09/04/2012 September 2012 Dental Coverage No 0000 I I -000-000(1-2 I 706 Medical Insurance 4922940 Total: 1,080.10 priaJA 1,080,10 DFIVICO Deltic° 47(16163 08121/7017 206-450-5300-4250(1 Library Collection Nlainienatice 4706163 Total: I)EMC.'0 Total: F./PC.11\11)1)S DPC Indus)ries, Inc, 87701343-12 (18/06/2012 60 I -494-9400-42160 Chemicals 82701343-17 Total: DPCINDUS Total: F.1-BATI.A Batlah Abdallah Primary 08108/2012 101-410-1410-43150 Contract Services Primary Total: E.1-13ATTA Total: 80.27 0.00 09/04/2012 While Paper Labels - Libraly 80.27 80.27 3(15.25 (LOO 09/04/2012 Flouride 305.25 305.25 90.00 0.0(1 09/04/20 )2 Election Judge - Primary 90.00 90.00 No 0000 No 0000 N o 0000 AP - 'Fo 13c Paid "---)of List (08/30/12 - 1:18 Pi\4) Page 2 Invoice Inv Dale Amount Quantity Plitt Date Description Reference Task Type PO ti Close Mine # EJ-BEHOR f3jorkmati Barb Primary 08(08/2012 Q 0,00 0.00 09/04/2012 Election Judge - Primary No 0000 1(11 -410-1410-43150 Contract Services Primary Total: 90.00 EJ-BFiJOR Total: 90.00 E.1-B1 10L.M Holni Barb Primary 08/08/2017 100.00 (400 09/04/2012 Election Judge - Primary No 0000 101-110-1410-4315(1 Contract Services Primary Total: 100.00 EJ-B HOLIVI Total: 100,00 El -BRIE, Riesling Barb Primal), 0810S/2012 170.00 0.00 09/04/2012 Election Judge - Primary No 0000 101-d 10-1410-43150 Contract Services Primary Total: 170,00 E.1-BKIEL -rorai: 170.00 EJ-Bt IR ES Burress Michael Primary O8i08/2012 100.00 (IMO 09/04/2012 Election Judge -Primary No 0000 101-410-1410-43150 Contract Services Primary "Fond: 100,00 El -RUBES Total: 100.00 EJ-BWACK Wacker Bill Primary (18/08/2012 95,00 0.00 09/04/2012 Election Judge - Primary No 0000 101-410-1410-43150 Contract Services Primary Total: 95.00 EJ-13 WACK Total: 95.00 FJ-13WEEK Weeks Bruce Primary OR/08/2012 90.00 0410 09/04/2012 Election Judge - Primary No 0000 101-410-1410-43150 Contract Services Primary Total: 90,00 EJ-BWEEIK Total: 90,00 EJ-CARJA Carlson Janet Primary 08/08/701 2 90410 0.00 09/04/2012 Election Judge - Primary No 0000 101-410-1410-43150 Contract Services Primary Total: 00,00 AP - To Be Paid Proof List (08/30/)2 - 1:18 rivo Page 3 !nvoice # Inv Date Amount Quantity Putt Dale Description Reference Task Type PO tt (lose l'01,ine EJ-CARJA Total: 90.00 F.1-CARLI Carlson James Primary (18/(18/2(112 100.00 0.00 (19/04/2012 Election Judge - Primary No (1000 1(11-410-1410-4315)) Contract Services Primary Total: 100.00 LI-CAR l.„1 Total; 100.00 EI-DALLE Allen Diane Primary 08/08/2012 225,50 0,00 09/04/2012 Election Judge - Primary No 0000 I ()I -410-1410-43150 Contract Services Primary Total: 225,50 E.1-DA LEE Total: 225,50 174-1)M EYE Meyer Don Primary 08/08/2012 100,0(1 0.0(1 09/04/2012 Election Judge - Primary No 0000 101-410-1410-43150 Contract Services Primary Total: 100.00 EJ-DM EYE Total: 100.00 LEO DEGE Dege George Primary 08/08/2012 100.00 0.00 09/04/2012 Election Judge - Primary No 0000 101-410-1410-43150 Contract Services Primaty Total: 100.00 EJ-C;DEGE Total: 100.00 E.1-11ANSE Hansen Susan Primary 08/08/2012 100.00 0,00 09/04/2012 Election Judge - Primary No 0000 101-410-1410-43150 Contract Services Primary Total: I 00.00 E.1-11ANSE Total: 100.00 E.1-1-1E1..SS Hels Shannon Primary 08.418/201 2 90.00 0,00 09/04/20 I 2 Election Judge - Primary No 000(1 101-410-1410-43150 Contract Services Primary Total: 90.0(1 EJ-IIELSS Total: 90.0(1 AP - To 13c Paid " NA' List (0g/30/I 2 - 1:18 PM) Page 4 Invoice II 1 II V Rale 2kmonnt Qui an ti y nuil Dale Rescripfiun Reference F.,1-111'.°RNI A Ilernialison Tom Primary 08/08/2012 101-410-141(1-43150 Contract Services Primary Total: E.1-11ERN4A Total: FHA LIE Allen Jim Primary 08108,20 I 2 101-410-1410-43150 Contiact Services Primmy Fotal El-MLLE Total: ET,IHROC Brockway Judy Primary 08/08/2012 101-410-1410-43150 Contract Services Primary E.1-.1F3RO(' 1 otal: E.1-1K 1E6 Kietner Jan Primary 08/08/2012 -4111-1410-4315(1 Contract Services Primary Total: 17,1-.1KIEG Total: EJ-JK R IJE Krueger Jan Primary 08/08/2012 101-410-1410-43150 Contract Services Primary Total: E.1-.1K RUE *Fond: E.1-.1MFTIS lvIelisikomer Joyce Prima iy 08/08/2012 101-410-1410-43150 Contract Services Primary -rota': EV:11\4E11S Total: Ei-JriER Pierre Jackie Primary 08/08/2012 101-410-1410-43150 Contract Services Primary 'Total: Task Type PO # Close POLine 100.00 0.00 09/04/2012 Election Judge - Primary 100.00 1 0(1.(1(i 203.50 0.00 09/04/2012 Election Judge - Primary ?03.50 203.50 90.00 0.00 09/04/2012 Election Judge - Primary 90.00 90.00 80.00 0.00 09/04/2012 Election Judge - Primary 80.00 80.00 95.00 0,00 09/04/2012 Election Judge - Primary 95.00 95.00 187.00 0.00 09/04/2012 Election Judge - Primary g7.00 187.00 95.00 0.00 09/04/2012 Election Judge - Primary 95.1)0 No 0000 No 0000 No ONO No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (08/30/12 - (:18 OM) Page 5 Invoice ft Inv Vale ikinount Quantify Pun Date 1)escriplion Reference E.1-.11)1FR Total: 95,00 E.1-KMEIS Meister Karen Primary 08/08/2012 101-410-1410-43150 C'ontract Services Primary Total: EJ-K EIS Total: LI-LLINIE3 Lumby Sharon Primary 08/(18/2012 101-410-1410-43150 Contract Services Primary Total: E.14,31 M BY Total: El-MA(31V Wagner Linda Primary OV08/2012 101-410-1410-43150 Contract Seillces Primary Total: EJ-LWAGN Total: EJ-TVIE Y.10 Meyer JoAnne Pr Unary 08/08/2012 101 -4 10-14 I 0-41.3150 Contract Services Primary Total: EJ-M EY:10 Total: EJ-MOR Grundeen Mary Primary 08/08/2012 101-410-1110-43150 Contract Services Primary Total: EI-1\1GRUN Total: F.1-NJIANS Ilansen Nancy Primary 08/08/2012 101-410-1410-43150 Contract Scrvices Primary Total: EJ-NFIANS Total: Task Type PO it Close ['Mine tt 100.110 0.00 09/04/2012 Election Judge - Primary 11-.10.00 100.00 100.00 0.00 09/04/2012 Election Judge - Primary 100,00 100.00 90.00 (MO 09/04/2012 Election Judge - Primary 90.00 90.00 100.00 0,00 09/04/2012 Election Judgc - Primary 100.00 100,00 100.00 0.00 09104/2012 Election Judge - Primary 100,00 100.00 269_50 0,011 09414/2012 Election Judgc - Primary 269:50 269.50 No 0000 No MOO No 0000 No 0000 No 0000 No 0000 AP - To Re Paid Proof List (08.1301(2 - I:I S I'M) Page 6 Invoice # Inv Date FJ-0JilZEN Ogren James Primary ()8/08/20 12 I ()IA I 0-1,1 10-43150 Contract Services Primary Total: FJ-OGREN Total: EJ-Oling ()linger Jean Primary (18/08/2012 I it 1-410-1410-43150 Contract Services Primary Total: El-01;11g Total: LI-PAUL(Paul Carol Primary 08/08/2012 101-410-1410-43150 Contract Services Primary Total; EJ-PAIJEC Total: EJ-PODON O'Donnell Pat Primary 08/08/2(112 101-410-1410-43150 Contract Services Primary Total: EJ-PODON Total: LEP PAUL Paulson Phyllis Primary 08/08/2012 101-410-14110-43150 Contract Services Primary Total: EJ-PPAUL Total: FJ-QUINN Quinn Lisa Primary (18/08/2012 101-110-1,110-,13150 Contract Services Primary Total: Et-QUINN Total: EJ-RAN ED Raney Edwin Primary 08108/2012 101-410-1410-43150 Contract- Services Primly Total: Amount. Qui a inky Pint Dale Description Reference 100,00 0.01) 09/04/20 I 2 Fled ion Judge - Primary 100.00 100.00 100.00 0,00 09/(14/2012 Election Judge - Primary 1(10,00 100,00 100.00 0.00 09/04/20 I 2 Election Judge - Primary 100,00 100,00 100,00 0,00 09/04/20 I 2 Election Judge - Primary 100.00 100.0(.1 110.00 0.00 09/04/201 2 Election Judge - Primary I 10,00 110.00 10001 0,00 09/04/20 12 Election Judge - Prinialy 100,00 100.00 I 00,00 0,00 09/04/20 12 Election Judge - Primary 100,00 Task 'Fyne PO # Close POLine # No 00(10 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Re Paid Proof List 018/30/12 - I : I 8 111 Page 7 invoice Inv Dale F.J-RANE1) oral: EJ-RANJA Raney Jacqueline Primary 08;08/2012 101-410-1410-43150 Contract Services Primary Total: EJ-RANJA Total: F.1-RO1ID Roth Janice Primary 08/08i2012 101-410-1410-43150 Contract Services Primary Total; EJ-ROTH.1 Total: EJ-SARIK1 Sarkissian Sheryl Primary 08/08/2012 101-410.-1410-43150 C'ontraet Services Primary Total: EJ-SARKI Total: EJ-SDURA Durand Shirley Primary 08/08/2012 101-410-1410-43150 Contract Services Primary Total: EJ-SDURA Total: EJ-SHALIG Haugen Suzanne Primary 08/08/2012 101-410-1410-43150 Contract Services Primary Total: E.1-S 11 AUG Total: F.I-SLING Slinger Donald Primary 08!08/2012 101-410-1410-43150 Contract Services Primary Total: EJ-SI,ING Total: Anion tit Quantify Pm( te Description Reference Task Type PO # Close POLine I 00.00 90.00 0.00 09/04/2012 Election Judge - Primary No 0000 90.00 90.00 100,00 0.00 09704/2012 Election Judge - Primary No 0000 100,00 100.00 90.00 0.00 09/04/2012 Election Judge - Primary No 0000 90.00 90.00 90.00 0.00 09/04/2012 Election Judge - Primal), No 0000 90.00 90.00 88,00 OM 097(14/2(112 Election Judge - Primary No 0000 88.00 88.00 100.00 0,00 09/04/2012 Election Judge - Primaiy No 0000 100.00 I 00.(10 A P - 1 o 13e Paid Proof List (08:30.112 - I S P1\1) Page 8 Invoice # F.1-VAND VanDemmeltraadt Primary 08/08/2012 1(11-41(1-1410-431511 Contract Services Primary "Total: E.1-VAND Total: E..1-VWAGO Wagoner Violet Prima' y 118/08A0 1 1-410-14 10-43150 Comract Services Primary Fotal: F..1-V \VAG() Total: EJ-WACKE Wacker Sallyann Primary 0/080012 101-410-1410-43150 Contract Services Primary Total: EJ-WACKE EJ-WIIMS Hirsch Wil Primary 08108/2012 10 I-LI-10-1410-43150 Contract Services Primary Total: EJ-WIllItS Total: E.1-WLOOS Loos Wendy Primal), 08/08/2012 101-4 10-14 10-43150 Contract Services Primary Total: E.EW LOOS Total: EMMONS A EmmonsAlex 08/23/2012 08030012 101-410-1450-43620 Cahlc Operations 0g/23/4112 Total: EMMONS A Total: FASTENAL Fastenal N1NOA1K 1092 02/10/2012 101-430-3125-44040 Repairsitvlaint Eqpt MNOAK 1092 Total: AI' - jo Be Paid Proof List W873012 - 1:18 l'N11 Amount Quantity Pint Date Description Reference 100.00 0,00 09/04/ 201 2 Election Judge - Primary 100.00 1(10,00 187.00 0.00 09/04/20 I 2 Election Judge - Primary 187.00 187.00 90.00 0.00 1)0/04/2012 Election Judge - Primary 90.00 9(),00 100,00 0.00 09/04t201 2 Election Judge - Primary 100.00 100,00 90.00 0,00 09/04/2012 Election Judge - Primary 90.0(1 90.00 55.00 0,00 09/04/2012 Cable Operations - 8/16/12 55.00 55.00 36.63 0.00 09/04120 12 I lyd Valve Plows 36.63 Task Type PO tt ('lose l'OLine No 0000 No 0000 No 0000 No 0000 NJo 000(1 No 0000 No 0000 Page 9 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # FAS FENAL Total: 36.63 FXI, FN L. Inc. July 2012 09/01/2012 2,000,00 0.00 09/04/2012 Assessing Services - August 2012 I 01-410-1320-43100 Assessing Services July 2012 °I-otal: 2.0011.00 FXL Total: 2,000.00 HOL1DAYC lloliday Credit Office_ 08/ I 5/2012 08/15/2012 345.43 0.00 09/04/2012 Fuel 101-420-2220-42120 Fuel, Oil and Fluids 08/15/2012 Total: 345,43 HOLIDAY(' Total: 345.43 1NTERSTA Interstate All finitely Ctr 48489 08/22/21)12 111.29 0.00 09/04/2012 Replacement Batteries for Helmet 101-420-2220-42400 Small Tools & Equipment lights 48489 Total: 111.29 INTERSTA Total: 1 [1.29 L-ROTHJA Roth James Primary 08/08/21)12 90.00 0,00 09/04/2012 Election Judge - Primary 101-410-1410-43150 Contract Services Primary Total: 90.00 1.-ROTI HA 'iota!: 90.00 LEA] IL ERNI Leatherman Steve 2nd f lalf 08/27/2012 500,00 0.00 09/04/2012 Band - Lake Elmo Days 2nd Half 204-450-5200-43150 Contract Services 211(1 Half Total: 500.00 LEATH ER 111 Fotal; 500.00 LI N NER Limier Electric Company, Inc. 72490 08/20/201 2 153,50 0.00 09/04/2012 Contactor Replacement - Lions Park 101 -450-5200-44030 Repairs/Maint Imp Not 131dgs 22490 Total: 153.50 LINNER Total: 153.50 No 0000 No 0000 No 0000 No MOO 0000 No 0000 Al' - To Be Paid f''',of List 018/30112 - 1:18 PIVI Page 10 Invoice # Inv Dale Amount Quaillily Pint Dale Description Reference Task Type PO ft Close POLine # NI ENARDSO Menards - Oakdale 27736 08/150012 211,88 0.00 09/04/2012 Park Maintenance Materials Ni 0000 I 0 1-450-5200-44030 Repairs/IMaint Imp Not Bldgs 27736 Total: 211,88 ENARDSO Total: 211.88 NI ICI MEI, Nlichael Lee Inc. Chk Req 08/02/2012 5,000.00 0,00 O9/04/2012 Refund Escrow 11570 581h St ?Y8050 No 0000 803-000-0000-22900 Deposits Payable Clik Reg Total: 5..000.00 NIICHAEL 5,000.00 1\ IN NATIV Minnesota Native Land, Inc. 8280 08/13/2017 1,275.00 0.00 09/04/2012 Sunfish Prairie Wced Control No 0000 4114-480-8000-45300 Improvements Other Than Bldgs 8280 Total: 1,275.00 NATIV Total: 1,275.00 NINDOlI MN Department or Health 08/15/011 08/15/2012 1,508.00 0.00 09/04/2012 3rd Quarter Water Supply Connection No 0000 601-494-9400-43820 Water Lltilily Fee 08/15/2012 Total: 1,508,00 NIND01-1 Total: 1,508.00 10TOROLA Motorola 13913138 08/22/2012 2,291.71 0.00 09/04/2012 Replacement Radio No 0000 101-420-2220-43230 Radio 13913138 Total; 2.291,71 MOTOROLA 'Votal: 2.291.71 Ni 11 NI 11 Distributing Inc. 867390-00 08/14/2012 34.63 0.00 09/04/2012 Mower Belt and Seal Kit No 0000 101-450-5200-42210 Equipment Parts 867390-00 Total: 34.63 ITI Total: 34.63 NATREPRO National Reprographics, LLC 78349 02/10/2012 47.94 0,00 09/04/2012 Misinn Statement Signs No 0000 703-430-3120-45300 Iniproveinenis Other ban Bldgs 78349 Total; 47.94 - To Be Paid Proof List (08/30/12 - PM Page 11 Invoice ft Inv Date Amount_ Quaii l'int Date Description Reference Task Tyve 11)() # Close l'01,itie # NA ['REPRO fotal: 47.94 NCI' ERS 566200-NCPERS MINNESOTA 5662812 08/2312(112 81),(11) 0.00 09/04/2012 September 2012 Deductions No 0000 1(11 4100-00110-21708 Other Benefits 5662812 1 owl: 80.00 NCPERS Total: 80,00 NEXTEL Neil Communications 761950227-11)8 08/1872012 91,38 0,00 09/04/2012 Cell Phone Service - Administration No 0000 101-410-1940-43210 Telephone 76195(1227-108 08/18/2(112 90,04 (1,00 09/04/2012 Cell Phone Service - Fire Dept - No 0000 I 01-42.0-2220-43210 Telephone 761950127-108 08/18/2(112 I 7.55 0.00 09104/2012 C'ell Phone Service - Building Dept No (11100 101-420-2400-43210 Telephone 761950227-108 08/18/20 I 2 94,16 0.00 09/04/20 12 ('ell Phone Service - Public Works No 0000 101-430-3100-43210 Telephone Dept 761950227-108 08/18/2012 88.36 0,00 09/04/2012 C'ell Phone Service - Parks Dept No 0000 101-450-5200-432 (() Telephone 76195(1227-1(13 Total: 381.49 NENTEL Iola': 381.49 OA K D1C Oakdale Rental Center 10083633 0771612(112 261,84 0.00 09/04/20 12 Excavator Rental Stortmvater Ditch No 0000 603-496-9500-44030 Repairs/N.1;6ot Not Bldg I 0(.183683 Total: 261.84 OA KDItC Total: 261.84 PEARSON Pearson Bros, Inc. Final ['nit 08/30/2012 3,453,80 0,00 09/04/2012 2011 Seal coat Project - Final Payment No 0000 409-480-8000-43030 Engineering Services Final Tint Total: 3,453,80 PEARSON Total: 3,453.80 SMITHANN Anne Smith Check Req (18/27/2(112 2,236.42 0.00 09/04/20 I 2 Reihurse Expenses for Lake Elmo Days No 0000 204-450-5200-44300 Miscellaneous Check Req 'Total: 2,236.42 Ski ITIIANN Total: 2,236,42 AP - tic Paid Proof Lis( 018/30/12 - 1:13 PM 1 Page 12 Invoice tt Inv Dale SPARTAN Sparian Promotional Group, Inc 440847 0807/2011 204-450-5200-44300 Miscellaneous 440847 1"otal: SPARTAN 'Foals TASCI1 T.A. Schirsky & Sons Inc 53714 08/14/2012 101-430-3120-42240 Street Maintenance Materials 53714 Total: TASCH Tolal: Antonin Quantity Putt Date Description Reference Task Type PO # Close POI ,ine 901.95 0.1)0 09/0412012 Lake Elmo Days Volunteer T-Shirts 901.95 001,95 72.4 I 0.011 09/04/2012 Asphalt 7241 72A I TRE(311,3A Tregilgas Michael 08/2812012 08/28/2012 55.00 0.00 09/04/2012 Planning Commission 8127112 101-410-1450-43620 Cable Operations 0812812012 08/28/2012 55,00 0.00 09/04/2012 Planning Con ission 8/28/12 I 01-411)-1450-43620 C'ahle Operations 08/28/2012 Total: 110.00 TREGILGA Total: I 10,00 TIZISTATF Tri Slate Bobcat, Inc. A9117Q1 08/20/2017 101-450-5200-42210 Equipment Parts A9079 I Total: NO5784 05/30/2012 101-430-3250-43150 Coniracl Services N05284 Total: TR1STATF. WANOVICII Wanovich Ken 1051 08/27/2012 204-450-5200-43150 Contract Services 1051 Tolal: WANOVICH Total: XCEL Xcel Energy 51-0117414-0 08/30/2012 101-430-3160-43810 Street Lighting 51-0117414-0 Total: 51-4572945-7 08130/20 12 10 1-430-3160-43810 Street Lighting AP - To 13e Paid PRIM -List (.18/30/12 - 1:18 PM) 216.60 0,00 09/0412012 Filters and Lift Pin 216.60 173.25 0.00 09/04/2012 tiller Rental MN Landscape Partnership - I 73,25 389.85 550.00 0.00 09/04/20 I 2 Hand - Lake Ehno Days 550.00 550,00 35.81 0.00 09/04/2012 Speed Sign 35.81 28.07 0.00 09/04/2012 Street Lights No 0000 No 0000 No 0000 No MOO No 0000 No 0000 No 0000 No 0000 No 0000 Page 13 Invoice it Inv Date 5 I -4572945-7 'Total; 51-4733556-8 08/30/2012 101-450-5200-43810 Electric Ulilily 51-4733556-8 Total: 51-5044219-0 08/30/2012 101-450-5200-438I 0 Electric Utility 51-5044219-0 Total: 51-5522332-2 08/30/2012 101-430-3 16(1-438 10 Street Lighting 51-5522332-2 Total: 51-5747685-4 08/30/2012 101-450-52(10-43810 Electric Utility 51-5747685-4 Tolal: 51-5916043-7 08/311/2012 602-495-9450-43810 Electric Utility 51-5916043-7 " 't a : 5 1-6429583-8 08/3012012 (1(12-495-945(1-4381(1 Electric Utility 51-6429583-8 Total: 51-6433976-2 08/30/2012 101-470-2220-43810 Electric Utility 5 1-6433976-2 Total: 51-6625457-1 08/30/2012 101-450-5200-43810 Electric Utility 51-6625457-1 Total: 51-6928283-3 08/30/2012 101-430-3160-43810 Street Lighting 51-6928283-3 Total: 51-8711719-3 08/30/2012 101-430-3160-43810 Street Lighting 51-8711719-3 Total: XCEL Total: Amount Quantity Pint Date Description Reference Task Type 1)0 # Close II)1,ine t/ 28.07 10,26 1400 09/114/2012 Tennis Court 10.26 45.26 0.00 09/04/2012 Pnrks Bldg 45.26 84.44 0.00 09/04/2C/12 Traffic Lights 84.44 157.75 0.00 09/04/2012 Arts Center 157.75 17,34 (1.00 09/04/2012 Lift Station 17,34 15.19 0.00 09/04/20 T2 Lill SIalion 15.19 359.27 0.00 09104/2012 Fire Station tit 359,27 97.1(1 (1,00 09/04/2012 Legion Park 97.10 29.11 0.00 09/04/20 12 'Traffic Lights 29.11 11.23 0.110 09/04/2012 Speed Sign 11 .23 890.83 ZACK Zack's, Inc. 27967 08/16/2012 62.49 0.00 09/04/2012 Toilet paper City !tall (case) 101-410-1940-42110 Cleaning Supplies 27967 08/16/2012 62.49 0.00 09/04/2012 Bathroom Towels - Park I 01-450-5200-42150 Shop Materials 27967 08/16/2012 2(1.94 0.00 09/04120(2 Blue Marking pain( 601494-9400-42270 Utilily System Mainlenance 27967 08/16/2012 20.94 0.00 09/04/2012 Green marking paint 602-495-9450-42270 Utility System Maint Supplies 27967 08/16/2012 229.23 0.00 09l04/2012 Mise Shop Supplies 101-430-3100-42150 Shop Materials No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No (MOO No 0000 No 0000 No (1000 No 0000 No 0000 No 0000 No (1000 No 0000 AP - To Be Pahl Poo(' List (08/30/)2 - 1:(8 PM) Page 14 Jivoie It Inv Pale Amount (,nantily Pon Date l'escriplion Reference Task Tyne PO t Close POLine ti 27967 Total: 396.09 ZACK 'Fowl: 396.09 Repot- 01: 31,331,8.4 AP - 1 n He Paid Proof' Lis( (08/30/12 - 1:18 PM 1 Page 15 Accounts Payable to Be Paid Proof List 1 ker.. an z Printed: 08/30/2012 - 2:52 PM 13aIch: 009-08-21112 Invoice Inv Date TEA First Team Exteriors Check Req 08/30/2012 101-000-0000-32210 Building Pencils Check Req Too: FIRSTTEA Total: FOSTERCA Foster Catherine R eq 08/3012012 409-000-0000-36100 Special Assessments chk Rcq Total: FOSTERCA Total: KILLIAN Killian Doug & Kristi f'lik Reg 08/30/2012 317-000-0000-10700 Taxes Receivable - Delinquent Chk Rcq 1 otal: 1(1 LLIAN MCALL1ST McAllister Pat cltk Reg 08/30/2017 204-450-5200-43150 Contract Services clik Req Total: N1CALLIST otal: Swedehil Swedchill Properties Chk Rey 08/30/2012 319-000-0000-36100 Special Assessments Clik Reg "rob& Swerlehil Total: Amount Quantity Pont Dale Description Reference 1 ask. Type P() # (lose POI Atm # 251.50 0.00 08/30/2012 Refund Permit Fee #8404 - Coll in error 251.50 251.50 No 0000 269.50 0.00 08/30/2012 Refund Special Assessments No 0000 269.50 269.50 347.27 0.00 08/30/2012 Refund Special Assessments 347,27 347.27 500,00 0.00 08/30/2012 Band - Lake Elmo Days - Is) Half 500,00 500.00 No 000() No 00011 321.9) 0.00 08/30/2012 Refund Special Assessment No 0000 321.92 321.92 AP - To Bc Paid ProofList (((8/30/12 - 2:52 PM) Page 1 Invoice #Inv Dale Amount Quantity hail Date Description Reference Task Type I'll /1 Close Report Total: t,l)9t) Al' - To Be Paid Proo T5t 8130/12 - Page 2 THE CITY OF LAKE ELMO MAYOR AND COUNCIL CO CATION DATE: CONSENT ITEM #: 4 MOTION TO AFFIRM 09/04/2012 AGENDA ITEM: Approve Hiring of Rick Chase as Building Official SUBMITTED BY: Sandie Thone, City Clerk THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Dean A. Zuleger, City Administrator SUMMARY AND ACTION REOUESTED: As part of the Consent Agenda the City Council is respectfully requested to approve the hiring of Rick Chase as the Building Official for the City of Lake Elmo. STAFF REPORT: The City of Lake Elmo received 26 applicants for the Building Official position. The original applicants were rated on relevant education and related experience/knowledge in the following areas; administration and enforcement of State building codes, City zoning ordinance enforcement, experience in property maintenance codes, planning, developing, and implementation methods in maintaining optimum service levels in all phases of building and fire inspections, city code enforcement, experience in resolving complaints andior concerns regarding code issues. Staff was very impressed with the level of qualifications and experience of the pool of applicants. Nine well -qualified candidates were chosen for first -round interviews. These first -round interviews produced two finalists who were brought in for a final interview. Rick Chase was chosen by all interview panelists as the top choice for Lake Elmo's Building Official. Rick comes to the position from the City of Centerville where he has worked as the Building Inspector since 2008. Rick is a certified Building Official and Certified Fire Inspector and is certified in both erosion control and the concrete field, in addition to being a certified pipe layer. Rick has served on the Cottage Grove Environmental Commission. Especially noted during the interview process were Rick's experience, education, his positive attitude and proven commitment to taxpayer service. In addition, Mr. Chase's character was evident in the time spent during the interview process and would prove a good fit for the City of Lake Elmo's current and future organizational goals RECOMMENDATION: Staff reconinzends the City Council affirin the hiring of Rick Chase as Building Official for the City of Lake Elnio at a starting salary of $60.000 with a start date of September 10, 2012. THE CITY OF KE ELMO YOR AND COUNCIL COMMUNICATION DATE: September 4, 2012 CONSENT ITEM #: 5 MOTION AGENDA ITEM: 2012 Rain Garden Project: Accept Quotes and Award Contract SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Sandie Thone, City Clerk Cathy Bendel, Finance Director SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to accept quotes and award a construction contract to St. Croix Valley Landscaping in the total amount of 546,501.00 for the 2012 Rain Garden Project. Quotes were received from 3 qualified contractors on August 28, 2012, by the Washington Conservation District (WCD). Rusty Schmidt (WCD) has prepared the attached recommendation memorandum dated August 29, 2012. STAFF REPORT: The Washington Conservation District prepared rain garden plans to improve water quality along the 2012 Street and Water Quality Improvement Project, Rain garden construction details and planting plans were prepared by WCD and approved by Lake Elmo Staff. These rain garden plans titled "Lake Elmo Roadways 2012", and dated August 6, 2012. are available for review at City Hall. A total of 17 ram gardens will be constructed in the 2012 RaM Garden Project. The contractor will be required to provide all tasks for a complete functional rain garden (excluding the curb cut in the street to be done by others). This work includes grading, mulch, rock, edging. retaining walls, planting and restoration. One year of maintenance will be required by the contractor for this year's rain garden installation. Maintenance includes watering as needed, removing weed invasive species twice annually, re -mulching as necessary but at least once annually, removing debris as necessary to maintain function, and plant replacement as needed to maintain the general plant population and character of the original planting. The second year of maintenance is to be coordinated by the Washington Conservation District through the use of volunteer programs. After two years of maintenance, the rain garden should be well established and require minimal maintenance. The property owners have all signed Maintenance Agreements ensuring the rain gardens in the boulevard in front of their homes will be maintained in perpetuity. Once the Council awards the contract and a Pre -Construction Meeting is held, a Notice to Proceed can be issued. All plantings are required to be completed by October 15, 2012. with a Final Completion Date for the project of October 31, 2012. FUNDING: The contract for the 2012 Rain Garden Project is for an estimated amount of $46,501.16. This includes an estimated $41,000.16 in construction costs to install the rain gardens and an estimated $ 5,501.00 for one year of maintenance for all 17 rain gardens. The actual quantity installed will be paid per the unit prices provided for each item. The City of Lake Elmo received a Valley Branch Watershed District (VBWD) Community Grant in 2012 for up to $27,822.00 in matching funds for water quality improvements. The estimated post -bid total qualifying costs for water quality improvements is $46,501.16, resulting in a $23.250.58 VBWD grant amount. This would leave a remainder of $23,250.58 for the City of Lake Elmo to paid from the Storm Water Utility Fund. This estimated amount is under the 2012 budgeted amount of $35,000. RECOMMENDATION: Staff is recommending that the City Council consider accepting the quotes and awarding a construction contract to St. Croix Valley Landscaping in the amount of $46,501.16 for the 2012 RaM Garden Project, as part of the Consent Agenda. The recommended motion for this action is as follows: "Move to Accept the Quotes and Award a Contract to St. Croix Valley Landscaping in the Amount of $46,501.16 for the 2012 Rain Garden Project per the Washington Conservation District Award Recommendation Memorandum. dated August 29, 2012." ATTACHMENTS: 1. Washington Conservation District Recommendation Memo dated August 9, 2012 2, 2012 RaM Garden Project Construction Contract 1380 W FRONTAGE 'RE) H 1 G HWAY 3 .6 STI 1., WATE I. M N5 '5 0 8 .2 6 5 1-2 7 5 - :1 1 3 1 I' H 0 N 'E 651-.275-1254 I FAX I. \A! .W 'W .MNW.CD. .0 R G ORANDUM TO: City of Lake Elmo FROM: Rusty Schmidt, Washington Conservation District DATE: August 29, 2012 RE: Recommended Lower Responsible Bidder for the Raingardens along the 2012 Roadway Improvement Projects On August 17th, 2012 the WCD in cooperation with the City of Lake Elrno and Valley Branch Watershed District sent out a proposal for quotes and bids for the 2012 Raingarden Roadway Projects. This project is to place 17 gardens along the new roadways within the city limits. The raingardens are to be installed and planted by mid October. Construction will include but not limited to grading. edging, mulch, plants. draintile and compost. The bids were returned on August 28, 2012 by 4 pm. Three bids were received with one bid significantly lower than the rest. All three bids were below the design estimate. The low bidder is responsible and has done many projects of similar size and scope, including last year roadway raingardens within the city of Stillwater. The previous projects have been done competently and successfully. The following are the bid totals: St. Croix Valley Landscaping All Weather Services Outdoor Labs $41.000.16 $50.499.50 $48.776.00 I. Rusty Schmidt. recommend giving the project to the lowest bidder who is St. Croix Valley Landscaping of Osceola. Thank you, Rusty Schmidt Natural Resource Specialist Supervisors: Louise Smallidge Gary Baumann - Toni Meyer Rosemary Wallace Sarah Hietpas |a nr4S[a p^T1g 389280th Street Osceo|a.VV|. 54020 'NaMlB/,,AddFess Lake Elmo Roadway RG Washington Conservation District Rusty Schmidt 1380VV. Frontage Ruad, Hwy36 Stillwater, MN55VD2 Description MAINTENANCE Lake Elmo Rain Gardens MAINTENANCE AGREEMENT -Provide maintenance twice yearly -weeding and inlets Includes haul away ofdebris and preen. Watering- Water rain gardens -assuming use of city water supply through fire hydrants not tnexceed 5X MULCH INSTALLED- Top dress mulch 1"v/delivery. Plant material will stay under our 1 year warranty agreement, Sales Tax and Use tax MN Phone# (71 1 stcFQixva|leylandscapiOg.corn Estimate UK�� "" " ,�� ate 8129/2n12 2.16lOnT 2.250�[0 942�5O 146.50 $5,501,00 Quote includes all materials, hauling and deliveryTax is not included. If accepted, payment terms are as follows: 50% down upon start ofwmUk,25%nn3/4completion & balance ofthe contract price due atoumpiehon.Thiaproposal isgood for the next 30 days after date on quote, This quote is an estimate of the total cost of the project barring any unforeseen problems. We do our very best to stay within the project's budget, If we anticipate any changes over 10% of the proposed quote because of unexpected changes orproblems in the site, we will discuss those changes with you before proceeding, We will prepare our discussion inwriting for you. Thank you for the mppurtunhytoprovide oquote for you, Plant install Plant install Mulching CU YD compost Bullet Edging Excavation CU YD Sod Install -SF Plant install Plant install Mulching CU YD compost Retaining Wall Bullet Edging Excavation CU YD Sod Install -SF rinpirp Net C/c r ix alle Landscaping 389 280th Street Osceola, WI. 54020 Name / Address Lake Elmo Roadway RG Washington Conservation District Rusty Schmidt 1380 W. Frontage Road, Hwy 36 Stillwater, MN 55082 Item Description 5715 Highlands Trail N. Plant- # 1 Gal Plants #2 Gal MULCH INSTALLED COMPOST- MnDOT Grade 2 Install Bullet Edging EXCAVATION SOD Install sod 5730 Hytrail Ave N Plant- Plugs Plant- # 1 Gal MULCH INSTALLED COMPOST- MnDOT Grade 2 RETAINING WALL- Glacial Field Stone 18" - 30" Install Bullet Edging EXCAVATION SOD Install sod 5750 Highland Ct. Plant install Plant- # 1 Gal Page 1 C E COPY Date Estimate* 8/27/2012 449 Project Qty Rate U/M Total 22 10.00 ea 19 28.00 ea 2 65.00 CU YD 2 65.00 yds 60 4.25 If 12 27.001CU YD 160 0.90 sqft 36 1.60 ea 46 10.00 ea 2 65.00 CU YD 2 65.00 yds 3 110.00 sqft 30 4.25 If 15 27.00 CU YD 120 0.90 sqft 22 10.00 ea Subtotal Sales Tax (6.875%) Total 220.00 532.00 130.00 130.00 255.00 324.00 144.00 57.60 460.00 130.00 130.00 330.00 127.50 405.00 108.00 220.00 ring/7;c; 11/atzire Close r ix 1 e Landscaping 389 280th Street Osceola, WI. 54020 Name / Address Lake Elmo Roadway RG Washington Conservation District Rusty Schmidt 1380 W. Frontage Road, Hwy 36 Stillwater, MN 55082 Item Description Plant install Plant- # 2 Gal Mulching CU YD MULCH INSTALLED compost COMPOST- MnDOT Grade 2 Bullet Edging Install Bullet Edging Excavation CU YD EXCAVATION Sod Install -SF SOD Install sod CAE Date 8/27/2012 COPY Estimate # 449 Project Qty Rate U/M Total 19 28.00 ea 532.00 2 65.00 CU YD 130.00 2 65.00 yds 130.00 60 4.25 If 255.00 12 27.00 CU YD 324.00 160 0.90 sqft 144.00 5751 Hytrail Ave N Plant install Plant- Plugs 42 1.60 ea 67.20 Plant install Plant- # 1 Gal 89 10.00 ea 890.00 Mulching CU YD MULCH INSTALLED 3 65.00 CU YD 195.00 compost COMPOST- MnDOT Grade 2 3 65.00 yds 195.00 Bullet Edging Install Bullet Edging 80 4.25 If 340.00 Retaining Wall RETAINING WALL- Glacial Field Stone 18" - 3 0.00 sqft 0.00 30 Excavation CU YD COMMON EXCAVATION 23 27.00 CU YD 621.00 Sod Install -SF SOD Install sod 130 0.90 sqft 117.00 Plant install Plant install Mulching CU YD 5770 Hytrail Ave N. Plant - Plugs Plant- # 1 Gal MULCH INSTALLED Page 2 36 1.60 ea 57.60 46 10.00 ea 460.00 2 65.00 CU YD 130.00 Subtotal Sales Tax (6. 7 Total irCi p u C 0 S t Cr ix alle Landscaping 389 280th Street Osceola, WI. 54020 Name / Address Lake Elmo Roadway RG Washington Conservation District Rusty Schmidt 1380 W. Frontage Road, Hwy 36 Stillwater, MN 55082 Item Description compost COMPOST- MnDOT Grade 2 Bullet Edging Install Bullet Edging Excavation CU YD EXCAVATION Sod Install -SF SOD Install sod C E C PY Date Estimate # 8/27/2012 449 Project Qty Rate U/M Total 2 65.00 yds 130.00 60 4.25 If 255.00 12 27.00 CU YD 324.00 160 0.90 sqft 144.00 5855 Highland Trail N Plant install Plant Plugs 36 1.60 ea 57.60 Plant install Plant #1 gal 46 10.00 ea 460.00 Mulching CU YD MULCH INSTALLED 2 65.00 CU YD 130.00 compost COMPOST- MnDOT Grade 2 2 65.00 yds 130.00 Bullet Edging Install Bullet Edging 30 4.25 If 127.50 Retaining Wall GLACIAL FIELD STONE RETAINING WALL- 3 110.00 sqft 330.00 18"- 30" Stone - 3 ton Excavation CU YD COMMON EXCAVATION Sod Install -SF SOD Install sod 15 27.00 CU YD 405.00 120 0.90 sqft 108.00 5870 highlands Trail N Plant install Plants Plugs 36 1.60 ea 57.60 Plant install Plants # 1 Gal 46 10.00 ea 460.00 Mulching CU YD MULCH INSTALLED 2 65.00 CU YD 130.00 compost COMPOST- MnDOT Grade 2 2 65.00 yds 130.00 Bullet Edging Install Bullet Edging 60 4.25 If 255.00 Subtotal Sales Tax (6.875%) Total Page 3 Clc_ccr ix alle andscaping 389 280th Street Osceola, WI. 54020 Name / Address Lake Elmo Roadway RG Washington Conservation District Rusty Schmidt 1380 W. Frontage Road, Hwy 36 Stillwater, MN 55082 Item Description Excavation CU YD EXCAVATION Sod Install -SF SOD Install sod 5875 Highlands Trail N. Plant install Plants Plugs Plant install Plans # 1 Gal Mulching CU YD MULCH INSTALLED compost COMPOST- MnDOT Grade 2 Bullet Edging Install Bullet Edging Excavation CU YD EXCAVATION Sod Install -SF SOD Install sod E C PY Date Estimate # 8/27/2012 449 Project Rate U/M Total 12 27.00 CU YD 324.00 160 0.90 sqft 144.00 36 1.60 ea 57.60 46 10.00 ea 460.00 2 65.00 CU YD 130.00 2 65.00 yds 130.00 60 4.25 If 255.00 12 27.00 CU YD 324.00 160 0.90 sqft 144.00 5890 Highlands Trail N Plant install Plants #1 Gal 28 10.00 ea 280.00 Plant install Plants #2 Gal 20 28.00 ea 560.00 Mulching CU YD MULCH INSTALLED 2 65.00 CU YD 130.00 compost COMPOST- MnDOT Grade 2 2 65.00 yds 130.00 Bullet Edging Install Bullet Edging 80 4.25 If 340.00 Excavation CU YD EXCAVATION 12 27.00 CU YD 324.00 Sod Install -SF SOD Install sod 200 0.90 sqft 180.00 7760 53rd Street N Page 4 Subtotal Sales Tax (6.875%) Total ing Nor z; re Clos r ix alle Lancscaping 389 280th Street Osceola, WI. 54020 Name / Address Lake Elmo Roadway RG Washington Conservation District Rusty Schmidt 1380 W. Frontage Road, Hwy 36 Stillwater, MN 55082 Item Description Plant install Plant install Mulching CU YD compost Bullet Edging Excavation CU YD Sod Install -SF Plant install Plant install Mulching CU YD compost Bullet Edging Excavation CU YD Sod Install -SF Plant install Plant install Mulching CU YD compost Plant plugs Plants #1 Gal MULCH INSTALLED COMPOST- MnDOT Grade 2 Install Bullet Edging EXCAVATION SOD Install sod 7761 53rd Street N Plant plugs Plants #1 Gal MULCH INSTALLED COMPOST- MnDOT Grade 2 Install Bullet Edging EXCAVATION SOD Install sod 8010 Demontreville Trail Place N Plants #1 Gal Plants #2 Gal MULCH INSTALLED COMPOST- MnDOT Grade 2 Page 5 CRE COPY Date Estimate # 8/27/2012 449 Project Qty Rate U/M Total 36 1.60 ea 46 10.00 ea 2 65.00 CU YD 2 65.00 yds 60 4.25 If 12 27.00 CU YD 160 0.90 sqft 36 1.60 ea 46 10.00 ea 2 65.00 CU YD 2 65.00 yds 60 4.25 If 12 27.00 CU YD 160 0.90 sqft 57.60 460.00 130.00 130.00 255.00 324.00 144.00 57.60 460.00 130.00 130.00 255.00 324.00 144.00 42 10.00 ea 420.00 11 24.00 ea 264.00 2 65.00 CU YD 130.00 2 65.00 yds 130.00 Subtotal Sales Tax (6. Total ncscaping 389 280th Street Osceola, WI. 54020 Name / Address Lake Elmo Roadway RG Washington Conservation District Rusty Schmidt 1380 W. Frontage Road, Hwy 36 Stillwater, MN 55082 Item Description Bullet Edging Excavation CU YD Sod Install -SF Plant install Plant install Mulching CU YD compost Bullet Edging Excavation CU YD Sod Install -SF Plant install Plant install Mulching CU YD compost Bullet Edging Excavation CU YD Sod Install -SF Install Bullet Edging COMMON EXCAVATION SOD Install sod 8065 59th street N Plants #1 Gal Plants #2 Gal MULCH INSTALLED COMPOST- MnDOT Grade 2 Install Bullet Edging EXCAVATION SOD Install sod 8215 59th street N Plants #1 Gal Plants #2 Gal MULCH INSTALLED COMPOST- MnDOT Grade 2 Install Bullet Edging EXCAVATION SOD Install sod Page 6 E COPY Date Estimate # 8/27/2012 449 Project Qty Rate U/M Total 60 4.25 If 255.00 12 27.00 CU YD 324.00 160 0.90 sqft 144.00 22 10.00 ea 19 28.00 ea 2 65.00 CU YD 2 65.00 yds 60 4.25 If 12 27.00 CU YD 160 0.90 sqft 22 10.00 ea 19 25.00 ea 2 65.00 CU YD 2 65.00 yds 60 4.25 If 12 27.00 CU YD 160 0.90 sqft Subtotal Sales Tax (6.875%) Total 220.00 532.00 130.00 130.00 255.00 324.00 144.00 220.00 475.00 130.00 130.00 255.00 324.00 144.00 Plant install Plant install Plant install Mulching CU YD compost Bullet Edging Dry Creek Bed River Rock Enviro-lok Mesh bag Excavation CU YD Sod Install -SF Plant install Plant install Plant install Transplanting Trees Mulching CU YD compost Bullet Edging , Cieser i alle ancscaping 389 280th Street Osceola, WI. 54020 Name / Address Lake Elmo Roadway RG Washington Conservation District Rusty Schmidt 1380 W. Frontage Road, Hwy 36 Stillwater, MN 55082 Item Description Highland Trail Park Plant plugs Plants #1 Gal Plants #2 Gal MULCH INSTALLED COMPOST- MnDOT Grade 2 Install Bullet Edging RETAINING WALL -Glacial Field Stone 18" - 30" RIVER ROCK Envirolok Bags EXCAVATION SOD Install sod 3704 Kindred Court Plant plugs Plants #1 Gal Plants #2 Gal Move 2.5" Caliper Tree Mulch COMPOST- MnDOT Grade 2 Install Bullet Edging Qty CRE COPY Date Estimate # 8/27/2012 449 Project Rate U/M Total 83 1.60 ea 132.80 98 10.00 ea 980.00 51 22.00 ea 1,122.00 7.5 65.00 CU YD 487.50 7.5 65.00 yds 487.50 80 4.25 If 340.00 6 110.00 sqft 660.00 3 40.00 ton 120.00 12 10.00 ea 120.00 50 27.00 CU YD 1,350.00 300 0.90 sqft 270.00 33 1.60 ea 60 10.00 ea 5 38.00 ea 1 200.00 ea 3 65.00 CU YD 3 65.00 yds 80 4.25 If Subtotal Sales Tax (6.875%) Total 52.80 600.00 190.00 200.00 195.00 195.00 340.00 Page 7 ture C/oser r e Landscaping 389 280th Street Osceola, WI. 54020 Name / Address Lake Elmo Roadway RG Washington Conservation District Rusty Schmidt 1380 W. Frontage Road, Hwy 36 Stillwater, MN 55082 Item Excavation CU YD Sod Install -SF Curb Cut Plant install Plant install compost Mulching CU YD Fieldstone Bullet Edging Excavation CU YD Sod Install -SF Curb and Gutter Sod Install -SF Curb Cut Mobilization Description EXCAVATION SOD Install sod Curb Cut Entrance 3736 Kindred Court Plant plugs Plants #1 Gal COMPOST- MnDOT Grade 2 MULCH INSTALLED Glacial Field Stone 6"-12" Install Bullet Edging COMMON EXCAVATION SOD Install sod Ribbon Curb 10684 10th St. N. Ct. SOD Install sod Concrete Curb Cut Installation Mobilization and Deliveries. Page 8 CRE COPY Date Estimate # 8/27/2012 449 Project Qty Rate U/M Total 22 27.00 CU YD 594.00 210 0.90 sqft 189.00 1 500.00 ea 500.00 26 1.60 ea 41.60 41 10.00 ea 410.00 3 65.00 yds 195.00 3 65.00 CU YD 195.00 1 65.00 ton 65.00 20 4.25 If 85.00 22 27.00 CU YD 594.00 40 0.90 sqft 36.00 30 20.00 If 600.00 60 1.50 sqft 1 500.00 ea 1 ****** ea Subtotal Sales Tax (6. 7 Total 90.00 500.00 1,900.00 Plant install Plant install Maintenance Agree... Bullet Edging Grading Contouring Black Dirt Pulverized 'Sod Install -SF Pretreatment cell finping IVo ;re Clovr Crai ark Landscaping 389 280th Street Osceola, WI. 54020 Name / Address Lake Elmo Roadway RG Washington Conservation District Rusty Schmidt 1380 W. Frontage Road, Hwy 36 Stillwater, MN 55082 Item Description Lake Jane Raingarden Maintenance and beautification Plants #1 Gal Plants #2 Gal Weeding Install Bullet Edging Grade area discussed Fill SOD Install sod Sediment Strainer sub for Rain Guardian pretreatment chamber Page 9 Q CRE C PY Date Estimate # 8/27/2012 449 Project Rate U/M Total 60 10.00 ea 600.00 8 25.00 ea 200.00 1,080 0.25 ea 270.00T 36 4.25 If 153.00 15 20.00 hr 300.00 20 23.00 yds 460.00 270 0.90 sqft 243.00 1 ****** sqft 1,000.00 Subtotal Sales Tax (6.875%) Total $40,981.60 18.56 $41,000.16 This Contract, made this State nfMinnesota Washington County CITY OFLAKE ELMO-2012 RAIN GARDEN PROJECT CONSTRUCTION CONTRACT day of 2012, by the City of Lake Elmo, Minnesota (hereinafter called the ^0wnpr")and (hereinafter called the "Contra ctor") VVITN[55ETHthat the parties hereto agree axfollows: (A) The Contractor shall provide all labor, services, mateha|s, equipment and machinery' transportation, tools, fuel, power, light, heat, telephone, water' sanitary facilities, temporary facilities, and all other facilities and 'incidentals, including profit and overhead, necessary for the performance, testing, start-up, and completion of the work as described herein: DESCRIPTION OF WORK: The scope of work under this Construction Contract includes the complete construction of 17 rain gardens in accordance with the Lake Elmo Roadways 2012 Project Plan Set issued by the Washington Conservation District and dated August 6, 2012. The complete Plan Set consists of 21 sheets. The complete construction of 17 rain gardens shall include the grading, mulch, rock, edging, retaining walls, envirolok bags, concrete ribbon curb, planting and restoration in the locations shown on the plans and as staked inthe field. In addition, one year of maintenance is to be provided for each of the newly constructed rain gardens. Maintenance is to include watering as needed to maintain a healthy planting, removing weed invasive species twice annually, re - mulch as necessary but at least once annually, remove debris as necessary to maintain function, and plant replacement as needed to maintain the general plant population and character of the original planting. Written documentation of maintenance for each rain garden must be provided to the City of Lake Elmo prior to payment, This Construction Contract is intended to provide for a fully completed project and shall be performed by the Contractor for the total estimated price of $46.501.16 . based upon the attached Estimate Forms for Construction and Maintenance. The quantities stated therein are approximate only. Payment will be made for the quantities of work ordered and actually installed complete. Any work items necessary to provide for a fully completed project and not listed as an itemized quantity on the Estimate Forms shall beconsidered incidental tothe project work. However, nnwork shall beallowed toproceed that will result /nadditional quantities for payment without the prior written authorization ofthe City oƒLake Elmo. All work shall be completed within the specified time frame and under the terms and conditions provided within this Construction Contract, and in accordance with the "General Conditions" shown in this contract as follows: Work will be performed concurrently with the Lake Elmo 2012 Street & Water Quality improvements. The Contractor shall make every reasonable effort to complete the work prior to the paving of the bituminous wear course. The Final Completion Date is October 31, 2012, for the construction of the rain gardens, with all maintenance to be completed byOctober 3l'ZOI3. Any damage done by the Contractor to the new bituminous street and/or curb shall be corrected atthe Contractor's expense, The Owner will make one payment for construction andonepaymen¢formaintenanceuponaxceptancebythe Owner of all work required hereunder and in compliance with all the terms and conditions of this Construction Contract. IN WITNESS WHEREOF, the par -ties hereto have executed this contract as of the date first above written, (Contractor) (City of Lake Elmo) City of Lake Elmo, Minnesota General Conditions for City nfLake Elmo —znzzRain Garden Project Page Iofs GENERAL CONDITIONS CHANGES IN WORK. 'The Owner may at any time, make changes in the drawings and specifications, within the general scope thereof. if such changes cause an increase or decrease in the amount due under this contract or in the time required for 'its performance' an equitable adjustment will he made' and this contract will be modified accordingly by a "Contract Change Order". No charge for any extra work or material will be allowed unless the same has been ordered on such contract change order by the Owner and the price therefore stated in the order. U, INSPECTION OF WORK. 'AJ| materials and workmanship will be subject to inspection, examination, and test, by the Owner' who will have the right to reject defective material and workmanship or require its correction. Ui COMPLETION OF WORK. - If the Contractor refuses or fails to complete the work within the time specified in paragraph B of this contract, or any extension thereof, the Owner may terminate the Contractor's rights to proceed. In such event the Owner may take over the work and prosecute the same to completion by contract urotherwise, and the Contractor will be liable for any excess cost occasioned the Owner thereby; and the Owner may take possession of and utilize in completing the work such materials and equipment as may be on the site of the work and necessary therefore. If the Owner does not terminate the right of the Contract to proceed, the Contractor will continue the work' in which event, actual damages for delay will be impossible to determine, and in lieu thereof, the Contractor may be required to pay to the Owner the sum of $100 as liquidated damages for each calendar day of delay, and the Contractor will be liable for the amount thereof: Provided, however, that the right of the Contractor to proceed will not be terminated because of delays in the completion ufthe completion ofthe work due tounforeseeable causes beyond the Contractor's control and without Contractor's fault or negligence. Ki RELEASES. ' Prior to final payment, the Contractor will submit evidence that all payrolls, material bills, and other indebtedness connected with the work have been paid as required by the Owner. V. OBLIGATION TO DISCHARGE LIENS, Acceptance by the Owner of the completed work performed by the Contractor and payment therefore by the Owner will not relieve the Contractor of obligation to the Owner (which obligation is hereby acknowledged) to discharge any and all liens for the benefit ofsubcontractors, laborers, material -person, or any other persons performing labor upon the work or furnishing material or machinery for the .murk covered by this contract, which have attached to or may subsequently attach to the property, or interest of the Owner. VlL NOTICES AND APPROVAL IN WRITING. -4ny notice, consent, or other act to be given or done hereunder will be valid only if in writing. V1i CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work shall remove from the premises all rubbish, implements and surplus materials. V1UL WARRANTY, Contractor wmnams and guarantees that title to all work, matenab, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and dear of all Liens. If within one year after completion of the work, any work is found to be defective, Contractor shall promptly, without cost to the Owner, correct such defective work as approved by the Owner. 0L |DEkxN/F|[ATON.'Contractor shall defend andindemnifydnedt against claims brought oractions filed against the city ur any of its officers, employees nragents for property damage, bodily injury ordeath to third persons, arising out ofor relating tocontractors work under the contract. X� WORKERS' COMPENSATION INSURANCE. Contractor shall provide acertificate of insurance showing evidence of workers' compensation coverage or provide evidence of qualification as a self -insurer of workers' compensation. Xi LIABILITY INSURANCE REQUIREMENTS. —Acertificate of insurance acceptable mthe City shall befiled with the City prior to the commencement of the work, The certificate and the required insurance policies shall contain a provision that the coverage afforded under the contract will not be canceled or allowed to expire until at least 30 days prior writ -ten notice has been given to the dn/. Contractor shall maintain commercial general liability (CGL) insurance with a limit of not less than $I'000'000 each occurrence and an aggregate limit ofnot less than S2'000,000.The OSLinsurance shall cover liability arising from premises' operations' independent contractors, subcontractors, prod ucts'comp|eted operations, personal Ciry of Lake Elmo, Minnesota General Conditions for City orLake Elmo —zoozRain Garden Project Page zpfs injury and advertising injury, and contractually -assumed liability. The city shall be named as an additional insured under the [GL Contractor shall maintain automobile liability insurance, and ifnecessary, umbrella liability insurance with a limit of not less than $1,000,000 each accident and an aggregate limit of not less than $2,000,000. The insurance shall cover liability arising out ofany auto, including owned, hired, and non -owned autos. City of Lake Elmo, Minnesota General Conditions for City ofLake Elmo —Z0uzRain Garden Project Page 3of3 THE CITY OF JAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 09/04/2012 CONSENT ITEM #: 6 MOTION Consent Agenda AGENDA ITEM: Authorization for John Shiltz to Dispense Beer and Wine Coolers at Lake Elmo Days Community Event on September 7 and 8, 2012 SUBMITTED BY: Sandie Thone, City Clerk T OUGH: Dean A. Zuleger, City Administrator SUMMARY AND ACTION REOUESTED: As part of the Consent Agenda City Council is requested to consider authorization for John Shiltz, owner and operator of Lake Elmo Inn, a municipal retail on -sale liquor license holder to dispense beer and wine coolers off premises and allow for consumption within the parameters set for the City's Lake Elmo Days event being held September 7 and September 8, 2012. STAFF REPORT: Pursuant to MN State Statute 340A.404 Subdivision 4b under Special provisions; sports, conventions, or cultural facilities; community festivals: (b) The governing body of a municipality may authorize a holder of a retail on -sale intoxicating liquor license issued by the municipality to dispense intoxicating liquor off premises at a community festival held within the municipality. The authorization shall specify the area in which the intoxicating liquor must be dispensed and consumed, and shall not be issued unless the licensee demonstrates that it has liability insurance as prescribed by section 340A.409 to cover the event. The City of Lake Elmo in conjunction with local businesses and the community will hold Lake Elmo Day's event on September 7 and 8, 2012. Authorization is necessary for the safe sale of alcohol at the event and to confirm the requirement of liability insurance for the municipal on -sale license holder. RECOMMENDATION: Staff recommends city council authorize as part of the Consent Agenda .fbr John Shiltz, owner and operator of Lake Elmo Inn, a municipal retail on -sale liquor license holder to dispense beer and wine coolers offpremises and allow for consumption within the parameters set .for the City's Lake Elmo Days event being held September 7 and September 8, 2012. THE CITY OF LAKE ELMO AGENDA ITEM: YOR AND COUNCIL COMMUNICATION DATE: 9/4/2012 REGULAR ITEM #: 7 MOTION Ordinance 2012-61 Zoning Text Amendment — Shoreland Standards SUBMITTED BY: Nick M. Johnson, City Planner THROUGH: REVIEWED BY: Dean A. Zuleger, City Administrator Planning Commission Kyle Klatt, Planning Director SUMMARY AND ACTION REOUESTED: The City has received an application for a zoning text amendment from Mr. Jim Leonard, 3012 Lake Elmo Ave., to amend the current shoreland standards to allow for water -oriented accessory structures used solely for boat storage up to 400 square feet in size. The current standards (§150.255) allow for water -oriented structures up to 250 square feet. Amending to ordinance to allow for water -oriented accessory structures used solely for boat storage to occupy up to 400 square feet would be consistent with the State Statute regarding shoreland management, as well as the DNR Model Shoreland Ordinance. BACKGROUND INFORMATION: The State of Minnesota passed its shoreland management protocol in 1989, requiring cities to adopt and enforce their own shoreland ordinance. In response, the City of Lake Elmo adopted the existing shoreland ordinance in 1993. Since that time, only minor amendments have been made to the ordinance to reflect new data, such as Ordinary High Water (OHW) marks for the various waterbodies in Lake Elmo. Within the State Statute (6120.3300), water -oriented accessory structures used solely for the storage of watercraft and watercraft -related equipment are allowed to occupy 400 square feet. This provision was not included in the Lake Elmo Shoreland Ordinance. In order to more clearly define shoreland standards, the MN DNR produced the Model Shoreland Ordinance (attached) in 1999 to be used as a guide for cities in relation to shoreland management. STAFF REPORT: According to the Lake Elmo City Code, water oriented accessory structures include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. It is important to note that if the City adopts the DNR standard as proposed in this amendment, the allowable size of 400 square feet will only apply to boathouses. In addition, all the existing performance standards governing water -oriented accessory structures, such as structure height, will remain in place. Given the changing trends of slightly larger boats on recreation waterbodies, the Planning Commission does not find it unreasonable to allow for slightly larger structures used solely for boat storage. Finally, Staff has reached out to the DNR to provide formal review comments regarding this proposed amendment. In response, the area hydrologist, Molly Shodeen, noted that the DNR would not have any objections to the Zoning Text Amendment, as the standard would be consistent with State Statute. Finally, the State shoreland management program also recommends a setback of 10' from the Ordinary High Water (OHW) Mark for water -oriented accessory structures, while the Lake Elmo Shoreland Ordinance requires a 20' setback. The applicant would also like to amend this portion of the Lake Elmo City Code to allow for the 10' setback from the OHW. However, a public hearing was not published for this proposed amendment, and thus it will have to come back to the Planning Commission on September 24th PLANNING CO SION RECOMMENDATION: The Planning Commission recommends approval of the Zoning Text Amendment by taking the following action: "Move to approve Ordinance 2012-61, amending §150.255, Shoreland Standards, of the Lake Elmo City Code as recommend by the Planning Commission." ATTACHMENTS: 1. Ordinance 2012-61 2. Land Use Application 3. MN State Statute — Shoreland Management 4. Letter of Support from the MN DNR SUGGESTED ORDER OF BUSINES: Introduction of Item ....... ........ ..... Report/Presentation.. ......... Questions from Council to Staff Public Input, if Appropriate Call for Motion ...... . ...... . ..... ................. . Discussion ...... ........... Action on Motion ....... ............ ........ ..... ........... ........ . ...... City Administrator .....City Planner ..... . ....... . ..... ........... Mayor Facilitates Mayor Facilitates .... .......... ........... Mayor & City Council .... ........... ....... Mayor & City Council .. ....... ......... ................ Mayor Facilitates CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA 0 INANCE 2012-61 AN ORDINANCE AMENDING THE SHORELAND STANDARDS SECTION OF THE GENERAL PROVISIONS TO REVISE THE ALLOWED SQUARE FOOTAGE FOR WATER -ORIENTED ACCESSORY BUILDINGS USED SOLELY FOR WATERCRAFT STORAGE BASED ON MINNESOTA STATE STATUTES SECTION 1: The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 150: General Provisions, by adding the following language: § 150.255 SHORELAND STANDARDS D) Placement, Design, and Height of Structures (2) Design Criteria for Structures b. Water -Oriented Accessory Structures 1. The structure or facility must not exceed 13 feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed 8 feet above grade at any point. The setback of the structure or facility landward from the ordinary water level must be at least 20 feet on a recreational development lake and 50 feet on a natural environment lake. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography. increased setbacks, or color, assuming summer, leaf -on conditions. 4. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area. 5. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. 6. As an alternative for general development and recreational development waterbodies. water -oriented accessory structures used solely for watercraft storage, and including storage of related boating and water -oriented sporting equipment. may occunv an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. 1/ORDINANCE 2012-61 SECTION 2: Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3: Adoption Date This Ordinance 2012-61 was adopted on this 4th day of September 2012, by a vote of Ayes and Nays. LAKE ELMO CITY COUNCIL Dean A. Johnston, Mayor ATTEST: Sandie Thone, City Clerk This Ordinance 2012-61 was published on the day of 2012 2/ORDINANCE 2012-61 MN State Statute — Shoreland Management 6120.3300 ZONING PROVISIONS. H. Accessory structures and facilities. All accessory strictures and facilities. except those that are water-orie.nted. must meet or exceed structure setback standards. If allowed by local government controls. each residential lot may have one water -oriented accessory structure or facihry located closer to public waters than the structure setback if all of the following standards are met: (.1) The strucmre or facility must not exceed ten feet in height. exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point. (.2) The setback of the structure or facilitv from the ordinary high water level must be at least ten feet. (3) The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation. topography. increased setbacks, color. or other means acceptable to the local unit of govennuent, assuming summer. leaf -on conditions. (4) The roof may be used as a deck with safety rails. but must not be enclosed or used as a storage area. (5) The structure or facility must not be designed or used for human habitati d must not contain water supply or sewage treatment facilities. 011 (6) As an alternative for general development and recreational development waterbodies, water -oriented accessory structures used solely for watercraft storage, and including storage of related boating and water -oriented sporting equipment. may occupy an area up to 400 square feet provided the maximum width of the .structure is 20 feet as measured parallel to the configuration of the shoreline. (7) Any accessory structures or facilities not meeting the above criteria_ or any additional accessory strucnires or facilities 1111,1S1 meet or exceed structure setback standards. City of Lake Elmo DEVELOPMENT APPLICATION FORM ornprehensive Plan Arnendment j Loping District Amenarneni Text Amendment D flood Plain C.U.P. Conditional Use Permit L! Conditional Llse Permit (C,LI.P.) APPLICANT: (Name) (Horne') (Name) (Horne) TELEPHONES: WNER: TELEPHONES: Varian:R.*. (See below) LJ Minor Subdivision E Lot Line Adjustment I Residential Subdivision Sketch/Concept Plan ' Site & Buiklinz Plan Review °Z LCkfV'e-- LT1 rne (Mailing Address) (Mailing Address) (Work) (Mobile) LJ Residential Subdivision Preliminary/Final Plat 0 01 — 10 Lots 0 11 — 20 Lots 0 21 Lots or More 0 Excavating & Grading Permit Appeal PROPERTY LOCATION (Address and Complete (Long Legal Description): DETAILED REASON FOR REQUEST: A-e.. (ZIP {Zip) 4c-Ltnacce' Ot'S *VARANCE REQUESTS: As outlined in Seian 301.060 Cof the Lake Elmo Municipal Code, the Applicant must demonstrat a hardship before a variance can be granted. The hardship related to this application is as follows: this application. I hereby acknowledge that I have read and fully understand the applicable provisions of the d Subdivision Ordinances and current administrative procedures. J further acknowlethre the fee explanation as outlined in the application procedures and hereby arrree tn nav all statements received from the'Ciry pertainin$2 to application..experise. -(‘ Sicmaitl/6 of /poitcarit Date Signature of Applioan: DatE,, l'611;:1003 City of Lake Eime • 3SO-01.11-yam Avenue North •L Elmo 55042 - 651-777-551(J • fax 651-773-9615 From: Shodeen, Molly (DNR) To: Nick Johnson; Subject: RE: DNR Model Shoreland Ordinance Date: Monday, August 27, 2012 1:41:11 PM Nick, the DNR would not object to the text modification to allow the 400 sq. foot structures where applicable since it was in the statewide standards from 1989. I'm sure you have been in this section of our web, not sure if the 1999 model is the only one, can't believe it took 10 yrs to get a model after the 89 rules. On the left is the link to the statutes and rules, also a section that has shoreland reference materials httlp://www.dnr.state.mn.us/watersiwatermamt sectionisharelandfindex.html ----Original Message ----- From: Nick Johnson imailta:NJohnsonalakeelmc.,.orol Sent: Thursday, August 23, 2012 3:19 PM To: Shodeen, Molly (DNR) Subject: DNR Model Shoreland Ordinance Hello Molly, We previously spoke about an application to amend the shoreland standards in the Lake Elmo City Code to allow 400 sq. ft. boathouses, which would be consistent with the model DNR ordinance. After some investigation, it was discovered that the Lake Elmo shoreland ordinance was adopted in 1997, whereas the current version of the DNR model ordinance was produced in 1999. You may or may not be aware of the standards before the current model ordinance, but did the DNR have different standards before 1999? If you have any insight into this investigation, I would sincerely appreciate it. I have looked through the minutes of our previous Council meetings that addressed this ordinance and they were not very enlightening as to why Lake Elmo did not include the 400 sq. ft. standard for boathouses. I apologize for the late notice from last week, but if you could submit formal comments regarding this proposed zoning text amendment, it would be very helpful. Thanks Molly. Please call me if you have any questions. Take care, Nick M. Johnson City Planner I City of Lake Elmo Email: nick.johnson@lakeelmo.org Office: 651-747-3912 I Fax: 651-777-9615 MAYOR AND COUNCIL COMMUNICATION DATE: REGULAR ITEM #: MOTION 09/04;2012 *Regular Agenda Item Tabled at the August 21, 2012 City Council Me AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: Request to extend the deadline for submission of a Preliminary Development Plan related to a Senior Living/Farm School development at 9434 Stillwater Boulevard. Nick M. Johnson, City Planner Dean A. Zuleger, City _Administrator Kyle Klan, Planning Director SUMMARY AND ACTION REQUESTED: The City Council is respectfully asked to consider a request by Tammy Malmquist, 8549 Ironwood Trail North, for an additional extension to the deadline required to submit an application for a Preliminary Development Plan related to a Senior Living/Farm School project at 9434 Stillwater Boulevard. The Concept Plan for a Senior Living/Farm School project was approved on July 20, 2010. The City Code requires the submission of a Preliminary Development plan within one year of this date in order for the approved plan to remain valid. Since the initial approval of the Concept Plan, the City Council approved a one year extension for the project, which was subsequently extended out an additional 30 days in order to conduct a neighborhood meeting. Mrs. Malmquist is now requesting an additional one year extension in order continue the progress of her proposed development. The reasons for her request are detailed in the attached letter. This pending extension would allow the project to remain valid until August 21. 2013. BACKGROUND INFORMATION: To provide background information regarding the approval of the Concept Plan, the resolution approving the Senor Livinc.,/Farm School project is attached. In addition, it is important to note that in order to allow the project to proceed at its current location, the City Council approved a Comprehensive Plan amendment and zoning text amendment on June 1, 2010. Should the City Council either deny the preliminary or final plans (or conversely allow the deadline for filing the preliminary plans expire) the Comprehensive Plan amendment would no longer be valid as well due to the conditions imposed on the applicant when the amendment was approved. STAFF REPORT: The Concept Plan approval for this project included a long and detailed list of conditions associated with the approval, all of which required significant effort by the applicant to prepare. Given the unique nature and complexity of the project. Staff does not believe that it would be unreasonable to uant the request d extension. In addition, the recent market conditions related to development have not been favorable to the applicant. As she noted in her letter, Mrs, Malmquist has now selected a new partner to assist in preparing this project. Mrs. Malmquist has noted that additional time will allow her and her partner make improvements to their plan, as well as incorporate recommendations she has received from residents and Staff RECOMMENDATION: Based upon th.e above background information and staffreport, Staff is recommending, that the City Councii rant the request to extend the deadline for filing an application for a Preliminary Development plan. ATTACHMENTS: I. Tammy Malmquist's letter requesting extension of the submission deadline, 2. Resolution 2010-036A SUGGESTED ORDER OF BUSINESS: Introduction of item ..... ..... ......... Report/Presentation.......... ......... ........ ..... ......... ..... Questions from Council to Staff .... Public Input, if Appropriate ......... ... Callfor Motion ....... ..... ......................... ..... .......... ...... Discussion ..... ....... ............ Action on Motion ....... City Administrator ............... City Planner ... Mayor Facilitates ... Mayor Facilitates Mayor & City Council Mayor & City Council ..... Mayor Facilitates August 8, 2012 Honorable Mayor and Council Members, This letter is in regard to the extension currently in place for Main Street Senior Living and Farm School. During the past 12 months I have spent a significant amount of time seeking out the candidate best suited to partner with on this project. I am happy to report that I have found this partner and we have been working on an improved concept, based on the feedback I've received from both residents and city staff, I have met with city staff on several occasions during this time and have recently participated in a neighborhood meeting to identify the current concerns of adjacent property owners. Having heard these concerns, we are currently working with MnDot to address the traffic issues identified at this meeting and refine the concept plan. At this time, I respectfully request an extension to continue working with MnDot on the traffic concerns and with city staff regarding the RAD 2 zoning requirements as we as the concerns of the adjacent property owners, Thank you for your consideration of my request. Sinc.erely, Tammy Malmquist CITY OF LAI' ELMO RESOLUTION NO. 2010-036A A RES-02_1710N APPR 01.7NG AX OP - OPEN SPACE DEVELOPMENT CONCEPT ,PLAN AND PLANNED UNIT DEVELOPMENT GENERAL CONCEPT PLAN RELATED TO A SENIOR LIV7NG/FARM SCHOOL DEVELOPMENT WHEREAS, T. arnrny Malmquist, 8549 Ironwood Trail North ("Applicant") has submitted an application to the City of Lake Elmo ("City") for a OP - Open Space Development Concept Plan and General Concept Plan for a Planned Unit Development (PUD), a copy of which is on ill- in the Lake Elmo Planning Department., and WHEREAS, the proposed OP - Open Space Development Concept Plan and General Concept Plan for a PUD is to construct a senior living complex consisting of a mu tifami iy residential structure, and separate townhouse units along with a farm-themed preschool that also preserves an existing single farnil residene. and farm outbuildings on a 24.4 acre parcel at 9434 Stillwater Boulevard North: and WHEREAS, the Lake Eimo Planning Commission held a public hearing, on May I I, 2010 and continued this hearing until its May 25, 2010 and June 14, 2010 meetings to consider the OP Development Concept Plan and General Concept Plan for a PUD; and WHEREAS, on June 14, 2010 the Lake Elmo Planning Commission adopted a motion to recommend that the Ciry Council approve the OP Development Concept Plan and Gen al Concept Plan for a PUD with conditions; and WHEREAS, the Lake Eimo Planning Commission subrnitied its report and recommendation to the City Council as par of a m,d-norandurn from the Planning Department dated July 13. 2010: and WHEREAS. the City Council reviewed the recommendation of the Plannind Commission arid the OP Development Concept Plan and General Concept Plan for a HID at a workshop meetini, held cin july 13, 2010 and at its regular meeting on July 20, 2010. NOW. THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: FINDINGS 1 That the procedure for obtaining. approval of said OP Development Concept Plan is found in the Lake Elmo City Code, Section 150,1 1. That the procedure for obtaining approval of said General Concept Plan for a PUD is found in the Lake Elmo City Code, Section 1 54.074 That all th OP Develo the Applicant. ements of said City Code Sections150. and 154.074 related to the Concept Plan and General Concept Plan for a PUD have beeri rne h 4/ That the proposed Concept Plan would allow the construction of a senior living complex consi.sting, of a multifamily residential structure and separate townhouse units along with a fann-themed preschool that also preserves an existing single family residence and faun outbuildings on property legally described on the attached Exhibit "A'and commonly known as 9434 Stillwater Boulevard North. 5/ That the proposed OP — Open Space Development Concept Plan: a) Is in conformance with the Comprehensive Plan for the City and that the uses proposed are consistent with the RAD2 — Rural Agricultural Development (2 units per acre) land use designation shown for the area on the official Comprehensive Land Use Plan, bl Satisfies the intent and purpose of City's land use, zoning., and subdivision regulations, with certain exceptions to these regulations as permitted in accordan with the City's PUD requirements. c) Would not negatively affect the public- health, safety, and occupants of surrounding lands, 6) That the proposed General Concept Plan for a PUD: Is consistent with the goals, objecrives. and ID the Comprehe V fI b) Is consistent with the purpose ofSection 150.175 et seq. ofthe City Code, Complies with the deveiopment standards of Section 150.175 et s Code. That the proposed PIJD will allow a more flexible, c-reative., and use of the land than if the applicant was required to conform to t existintz zoning districts on this property. Cite pproach to the dards of the That the -uses proposed in the PUD will not have an adverse impact on the reasonable enioyment ofneiahboring property and will not be detrimental to potential surrounding uses. c)) That the PUD is of sufficient size, composition. and arTangernent that construction. rilarketinc.t. and operation are feasible at a complete unit, and that provision and consuuction of dwelling units and open srace are balanced and eoordinated. I 0) That the PUD will not create an excessive burden on parks_ schools, streets. and other public facilities and utiliries, which serve or are proposed to serve the development. 11) That the PUD is designed in such a manner as to form a desirahle and unified environment within its own boundaries. CONCLUSIONS AND DECISION . Based on the foregoing, the Applicant's OP — Open Space Development Concept Plan and General Concept Plan for a senior living complex consisting of a multifamily residential structure and separate townhouse units along with a farm-themed preschool that also preserves an existing single family residence and farm outbuildings is hereby approved, subject to the following: a. The Applicant shall provide. the City with a statement of acknowledgement and consent from the holder of the power line easement that runs along the northern portion of the development site gaming permission for the placement of a community septic system and trails within this easement. As an alternative, the Applicant may provide an. agreement that permits certain encroachments into the easement. The horneow.ner's association must be made aware of any issues as part of its articles of in.corporation that could require future maintenance or repairs (or other actions that could have flnancial implications) to the drainfie,id area because of its location within said easernent. b. The applicant shall submit a storm water and erosion and sediment control plan as part of the preliminary plan submissions that complies with the City's recently adopted Storm Water and Erosion and Sediment Control Ordinance, e. All sto,.rn wtater facilities and access required as part of the Storm Water Management Plan for the site that the City Engineer recommends be maintained by the City shall he platted as outlots and deeded to the City. The size arid location of the outlots shall be sufficient to provide an adequate level of buffering from adjacentproperties to the satisfaction of the City Eng:ineer. The pond areas shall be counted as part of the required open space. for the project. d. in order to meet requirements for fire protection and adequate water service levels for the proposed buildings, the utility plans shall provide for an adequately sized connection back to an existing- City water main. The plans for this connection will be subject to review and approval by the Cite Engineer. The developer shall he responsible for all costs associated with providing a minimum water service size of eight inches to an existinii main of a larger size. The final plans and financing, including any Potenda] oversizing above eight inches renuested by the City, shall be included as part of developer's agreement for the project. The applicant shall provide a secondary vehicular access to the proposed deveiopmem the form of a private road connection to .iamaca Court North, to be devised and developed in conjunction with the City Planner and City Engineer. The applicant shall also provide ar. easement for a future road connection to the property immediately to the north of the project site. f. The applicant shall he responsible for the installation of all improvernerns to Stillwater Boulevard North (State, Highway 5) required by iViriDOT and specified ir, a letter to the City of Lake Elmo dated April 19. 2010. These improvements shall he included as part of the construction plans submitted as part of a d veloper's agreement for the. project. The interior City Streets shall meet all concerns provided -ON' the City of Oakdale Fire Chief; actin!! on behalf of the City's emergency services personnel, in a letter to the City dated April 14. 2010. h. The preliminary plans shall incorporate appropriate Buffers, Setbacks and Building Heights. as determined by the Planning Commission and City staff, taking into consideration the necessity of a secondary vehicular access, the proposed massing of development structures, and the impact of sueh on adjoining properties. including, but not limited to, the following specific issues: Front yard setbacks ro the proposed roads within the d p ent area. Buffering between the proposed developmentand onen space preservation areas and neighboring, properties. 3 Sethaks from the proposed animal buildings and neighboring pare,els, Any buildings required as part of the .cornrriunity septic system .shall be ser- view from adjacent properties, The k Tiff. of animals associated with the agricultural activities on the site shall comply with aTI applicable City and Minnesota Pollution Control Agency requirements for the keeping of domestic farm animals. 1:. The open space preservation areas shall be reviewed for Potential inclusion as part of a conservation easement. protected by the Minnesota Land Trust, 1. The preliminary plans shall incorporate the calculation of proposed development calculations NOT utilizing right-of-way area d diem-6 for State Highway fs. in The tuned Unit. Development (PT_ID', andlor Development Agreement shall inc)ude) speci4ic definitions fo:- Senior Housing and Farm School and incorporate provisions for am f1.1.1113::: changes regardirqi such uses to be reviewed and acted upon by the City Council as arn.ellciments, to the PUD. The Planned Unit Development (PUD andi'or Development Au:ft-mem shall inciude specific development phases ancifor exnec_rations for timely onset of development and construction activity. beginning no later than 1 (one) year following, final Ciry approval of said develonment. and provision for any future changes regarding such to be reviewed and anted upon by the City Council and to include any future requirement(s) for participation in program designed by the City to transfer density or development rights in accordance with the Comprehensive Plan. Zoning and related ordinances, and development programs in effect at that time. o. A part of the preliminary (development stage plans. the applicant will: 1) Maxirnize the setback of the 0MID. '1 septic s,,stem from, neighboring property lines and provide necessary fencing and an additional landscape buffer around the perimeter of fne drainfield site. 2) Maximize the road and structure setbacks from the property lines adjacent to the development as much as possible, focusing on the area west and southwest of the proposed townhouses and along the eastern property lines. The City will consider flexibility and variation for interior setbacks to facilitate- the above exterior buffer setback minimizations. Augment Duffer provided along external property lines. 4) Demonstrate the 'ability to provide adequate grazing areas for the animals that will be housed on the site in addition to providing suitable access to these areas. p. The maximum size permitted for the feet consistent with the maximum accessory building size permitted in a Rural Residential zoning district. q- barn structure shall be limited to 3,000 square The areas surrounding, the school, school accessory buildings, and new barn structure shall not be included in the residential density calculations for the site, currently estimated al 48 units plus one additional unit. Bonuses, if any. for density otherwise permitted in the City Code, including. but not limited to, flexibility allowed through P1.1D submission, historic barn preservation, or other means, shall be taken into account before establishing the overall density for the project. r. The preliminary id inlopment stage) plans shall include a Pl..TD agreement that will incorperate the following provisions: 1The new barn. existing. farm sirucrures. and storm water facilities shall be permitted within open space/copse-TY-anon land. The anplicant will provide an accurate description of the. p activities that will take piace cin the sire. 3l The applicant will provide information conceming the farm school structure. the operation of the school, the state licensing requirements for preschools, the size of the proposed facility, and the ouaiifications for the instructors within the school. 4 The overall residenrial densitvi'expressed iu number of dwelling units-) permitted on the site shall be specified. s. Detailed submissions for the preliminary s plan review phase will include, hut not he limited to, plans addressing architectural desi.2,-..n and materials, lighting. landscaping. tgading, and storm water and erosion control, all of which are subject to review and approval by the City of Lake Elmo. hregoino conditions shall he p ed according to the, satisfaction of the City of MO . Passed and duly adopted this 20th day of July 2010 by the City Counof the c,...itc—of Like Elmo_ , / --,„- / , : i /1 i ' i' 7' / \ ( \ 1 Dean johnston, Mayor / Minnesota, Mr. Mayor and Council Members, As a longtime resident of Lake Elmo, 1 appreciate the uniqueness of our town. We moved here in 1983 to raise our family in a community that offers working farms, open spaces and backyard visits from friends and neighbors as well as a variety of wildlife. The best decision I ever made was to become a licensed child care provider. In 1985, I began providing quality home child care to the families of our community. My house was filled with many children over the next few years and I quickly realized that the demand for quality care far outweighed the supply. In 1992, my husband and I bought a duplex in Lake Elmo and opened the doors of Wunder Years Child Care. My licensed staff, which has included my husband and now my daughter, provide a loving, nurturing and educational environment to every child that enters our doors. Having spent the last 27 years with children 1 can say that I absolutely love my job and am so blessed by my "Wunder Years family." Wunder Years opened an unexpected and very special door, a relationship with Florence and Irvin Friedrich who lived next door. The Friedrich's were one of the first farming families in Lake Elmo. My duplex is the original farmhouse that Irvin and his siblings were born in. Many of his siblings owned farms on neighboring properties but Iry and Lehart's are the only farms left. The farming heritage of our city is the heart of my project before you today. On the farms of yesterday, generations of families lived and worked together to produce everything necessary to SUINIVC. Side by side, children, parents and grandparents shared experiences raising farm animals, growing and harvesting vegetables, making things from wood, growing flowers and canning everything from jelly to vegetables. Each day offered opportunities to talk, laugh, learn from one another and watch the sun set. It was a simpler time, a time before video games, cell phones and television. A time when children really knew their grandparents and appreciated the wisdom of life they offered. This is what my project is about. A step back in time, to slow down and appreciate the simpler things in life. An opportunity to learn. how to make a bird house, then watch the birds make it a home. To learn where food comes from and enjoy fresh fruits and vegetables grown by your own hands. To grow apples and learn how to make a homemade apple pie. To grow more than you will need so you can donate to the local food shelf. Iry and Flo Friedrich taught me to appreciate a slower pace, to visit on the front step, to take the time to notice the geese heading south, to appreciate the beauty of peonies blooming- every spring. / want to offer all of these experiences to the children and seniors of our community. Iry believed in this farm school and helped me envision what this farming community could someday be. His early involvement and influence were instrumental in helping me create this one of a kind, intergenerational living and learnin g community. I believe this project will enhance our town, as it is the very essence of our early beginnings. Today, 1 am asking for the council's continued support by granting a 1 year extension...not because such extensions are routinelygiven, but because this unique project deserves the, opportunity to become a reality for our community. Nothing like this exists here in Lake Elmo, the greater metro or in Minnesota, for that matter. In the timeline attached, you can view the progress we have made to date. Your support today will help ensure the project builds upon this momentum for the benefit of our seniors, families and community as a whole," Lake Elmo Senior Housint,F and Farm School Progress to Date July 2010 —Lake Elmo City Council granted concept plan approval July 2010 to July 2011, I met with the City Planner and City Administrator on several occasions to update them of the following progress: Completed interview process and assembled a project team (engineers, builder, architect, marketing) Completed a market study analysis Conducted multiple community/neighborhood meetings (2 at Christ Lutheran Church, 1 at Lake Elmo Bank, 1 at Gorman's, 2 at City Hall) to address concerns and answer questions Compiled a Broker Book using information from market study, community/neighborhood meetings and project team expertise to enlist potential investors July 2011 — I submitted a request and was granted a 1 year extension to work on project financials, neighborhood concerns and to continue tracking market trends July 2011 —July 2012, I continued to meet with the City Planner and City Administrator to update them on the following progress: Hired development consultants and investment experts ave three developers uiterested in financing the project As a response to staff and neighbor concerns: We have increased the amount open space further by eliminating the previously proposed townhornes and replaced them with the farm school buildings thereby leaving the former school buildings locations open. This will decrease "massing" in the project. We have increased the distance from the buildings to the south and east property border to provide further buffering from. neighbors. We will plan for a future road to the north for connectivity, eliminating the need for a connection to the west, which was objectionable to those neighbors. We are proving abundant walking, trails. The community is set back from the road and will blend in better with its surroundings. We will have limited impervious surfaces and thus will limit impacts on storm water manag-ernent. We also feel that this will be looked upon favorably by the Metropolitan Council. We will be conserving trees, especially the oak savannah, which will provide natural buffers. We have strategically placed the buildings so that the savannah provides a natural screen for the neighbors. We also participated in another neighborhood meetingaddress ongoing concerns with traffic and road access to Jamaca Court -Following neighborhood meeting, we contacted MnDot to work on traffic concerns and will work with the City on this process. 2012 Lake Elmo Staff Retreat Wednesday, September 12, 2012 Wildwood Lodge 9:30 AM — 4:30 PM AGENDA (Draft AM — Team Building Focus 9:30 AM - "Servant Leadership" — Building Team Through Service 10:15 AM - "The Big A" — Improving Our Reputation Through Accountability" 11:00 AM - "Maintaining Trust During Times of Growth" — Dave Osberg, Administrator, City of Hastings 12:00 NOON - Lunch / Guest Speaker from Business Community PM — Execution Focus 1:00 PM "Great Policy" How to Guide Your Policy Makers to Good Decisions" — Speaker TBD 2:00 PM Deliverables: Using Solid, Consistent Process to Get Things Done (Hands -On Role Playing Exercise) 3:15 PM 2013 Focus: Framing Lake Elmo's Place in the Twin Cities - Planning, Public Relations, & Policy 4:15 PM Recap 2012 Lake Elmo Staff Retreat Wednesday, September 12, 2012 Wildwood Lodge 9:30 AM — 4:30 PM AGENDA (Draft AM — Team Building Focus 9:30 AM - "Servant Leadership" — Building Team Through Service 10:15 AM - "The Big A" — Improving Our Reputation Through Accountability" 11:00 AM - "Maintaining Trust During Times of Growth" — Dave Osberg, Administrator, City of Hastings 12:00 NOON - Lunch / Guest Speaker from Business Community PM — Execution Focus 1:00 PM "Great Policy" — How to Guide Your Poli akers to Good Decisions" — Speaker TBD 2:00 PM Deliverables: Using Solid, Consistent Process to Get Things Done (Hands -On Role Playing Exercise) 3:15 PM 2013 Focus: Framing Lake Elmo's Place in the Twin Cities - Planning, Public Relations, & Policy 4:15 PM Recap 9:30 AM - 2012 Lake Elmo Staff Retreat Wednesday, September 12, 2012 Wildwood Lodge 9:30 AM — 4:30 PM AGENDA (Dra AM — Tea Buildin Focus "Servant Leadership" — Building Team Through Service 10:15 AM - "The Big A" — Improving Our Reputation Through Accountability" 11:00 AM - Maintaining Trust During Times of Growth" — Dave Osberg, Administrator, City of Hastings 12:00 NOON - Lunch / Guest Speaker from Business Community PM — Execution Focus 1:00 PM "Great Policy" — How to Guide Your Policy Makers to Good Decisions" — Speaker TBD 2:00 PM Deliverables: Using Solid, Consistent Process to Get Things Done (Hands -On Role Playing Exercise) 3:15 PM 2013 Focus: Framing Lake Elmo's Place in the Twin Cities - Planning, Public Relations, & Policy 4:15 PM Recap 2012 Lake Elmo Staff Retreat Wednesday, September 12, 2012 Wildwood Lodge 9:30 AM — 4:30 PM AGENDA (Draft AM — Team Building Focus 9:30 AM - "Servant Leadership" — Building Team Through Service 10:15 AM - "The Big A" — Improving Our Reputation Through Accountability" 11:00 AM - "Maintaining Trust During Times of Growth" — Dave Osberg, Administrator, City of Hastings 12:00 NOON - Lunch / Guest Speaker from Business Community PM — Execution Focus 1:00 PM "Great Policy" — How to Guide Your Policy Makers to Good Decisions" — Speaker TBD 2:00 PM Deliverables: Using Solid, Consistent Process to Get Things Done (Hands -On Role Playing Exercise) 3:15 PM 2013 Focus: Framing Lake Elmo's Place in the Twin Cities - Planning, Public Relations, & Policy 4:15 PM Recap 9:30 AM - 2012 Lake Elmo Staff Retreat Wednesday, September 12, 2012 Wildwood Lodge 9:30 AM — 4:30 PM AGENDA (Draft AM g Focus — Tea uildn "Servant Leadership" — Building Team Through Service 10:15 AM - "The Big A" — Improving Our Reputation Through Accountability" 11:00 AM - "Maintaining Trust During Times of Growth" — Dave Osberg, Administrator, City of Hastings 12:00 NOON - Lunch / Guest Speaker from Business Community 1:00 PM PM - Execution Focus "Great Policy" — How to Guide Your Poiakers to Good Decisions" — Speaker TBD 2:00 PM Deliverables: Using Solid, Consistent Process to Get Things Done (Hands -On Role Playing Exercise) 3:15 PM 2013 Focus: Framing Lake Elmo's Place in the Twin Cities - Planning, Public Relations, & Policy 4:15 PM Recap 2012 Lake Elmo Staff Retreat Wednesday, September 12, 2012 Wildwood Lodge 9:30 AM — 4:30 PM AGENDA (Draft AM — Team Building Focus 9:30 AM - "Servant Leadership" — Building Team Through Service 10:15 AM - "The Big A" — Improving Our Reputation Through Accountability" 11:00 AM - "Maintaining Trust During Times of Growth" — Dave Osberg, Administrator, City of Hastings 12:00 NOON - Lunch / Guest Speaker from Business Community P — Execution Focus 1:00 PM "Great Poli "— How to Guide Your Policy Makers to Good Decisions" — Speaker TBD 2:00 PM Deliverables: Using Solid, Consistent Process to Get Things Done (Hands -On Role Playing Exercise) 3:15 PM 2013 Focus: Framing Lake Elmo's Place in the Twin Cities - Planning, Public Relations, & Policy 4:15 PM Recap