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Home My WebLink About12-04-12 CCMPHip (Tr,- or AKE 0 NO-TE r" E Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City's Open Space Character = City of Lake Elmo 3800 Laverne Avenue North City Council eeting Tuesday, ece ber 4, 2 12 7:00 P *Planning Commission Interviews will be held at 6:00 PM ** Public Hearing for 2013 Proposed Tax Levy and General Fund Budget Taxes will take place at 6:30 PM 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 November 20, 2012 City Council Minutes G. PUBLIC COMMENTS/INQUIRIES H. PRESENTATIONS I. 2013 PROPOSED TAX LEVY AND GENERAL FUND BUDGET TAXES 2. Adopt 2013 Budget and Tax Levy; Resolution 2012-62 . 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. 4 , -.41'..*r • •.'• • •• • Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City's Open Space Character City of Lake Elmo 3800 Laverne Avenue North City Council Meeting Tuesday, December 4, 2012 7:00 P. *Planning Commission Interviews will be held at 6:00 PM ** Public Hearing for 2013 Proposed Tax Levy and General Fund Budget Taxes will take place at 6:30 PM 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 November 20, 2012 City Council Minutes G. PUBLIC COMMENTS/INQUIRIES H. PRESENTATIONS I. 2013 PROPOSED TAX LEVY AND GENE L FUND BUDGET TAXES 2. Adopt 2013 Budget and Tax Levy; Resolution 2012-62 CONSENT AGENDA Note: Items listed under the Consent Agenda will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the Consent Agenda for separate consideration. 3. Approve Payment of Disbursements and Payroll 4. Zoning Text Amendment - GB Zoning District (change therapeutic massage to a permitted use with appropriate licensing); Massage Therapy licensing Ordinance 2012-64 5. Approve 2013 Liquor Licenses Renewals 6. Amend December 2012 Meeting Calendar 7. Approve 2013 Meeting Calendar 8. Approve 2013 Fee Schedule 9. 2012 Streets & Water Quality Improvements - Pay Request No. 4 10. Approve City Membership in Minnesota Cities Stormwater Coalition (MCSC) 11. Approve Hiring of Park Maintenance Operator 12. Approve 2013 Animal Humane Society Impound Contract 13. Adoption of the Washington County All -Hazard Mitigation Plan; Resolution 2012-63 14. Approval of Washington County Septic Inspection Agreement K. REGULAR AGENDA 15. Funding of Chamber Community Symposium 16. Appointment of 2013 Planning Commission Members: Two Regular Members, Two Alternate Members L. NEW BUSINESS 17. Library Board Appointments to Accommodate Expansion of the Board to Seven Members M. DISCUSSION ITEM(S) 18. 27th Street No Parking Signs N. SUMMARY REPORTS AND ANNOUNCEMENTS • Mayor and Council • Administrator • City Attorney • City Engineer • Planning Director • Finance Director O. ADJOURN LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 20, 2012 CITY OF LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 20, 2012 Mayor Pro Tem Emmons called the meeting to order at 7:00 P.M. PRESENT: Mayor Pro Tem Emmons, Council Member Pearson, and Council Member Park. Also Present: City Administrator Zuleger, Associate City Attorney Brekken, City Engineer Griffin, Finance Director Bendel, Planning Director Klatt, and City Clerk Bell. APPROVAL OF AGENDA MOTION: Council Member Pearson moved to approve the November 20, 2012 City Council Agenda as Amended. Council Member Park seconded the motion. Motion passed 3-0. Consent Agenda Item #9 was pulled for future consideration. ACCEPT MINUTES ITEM 1: THE NOVEMBER 7, 2012 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. Council Member Pearson requested confirmation on the language on page 5 regarding waivers being granted for connection to sewer. City Engineer Griffin confirmed the language was acceptable. THE NOVEMBER 9, 2012 ELECTION CANVASSING BOARD MINUTES: MOTION Council Member Pearson moved to APPROVE THE MINUTES WITH THE AMENDED CANVASSING BOARD RESOLUTION. Council Member Park seconded the motion. Motion Passed 2-0-1, Park Abstaining PUBLIC COMMENTS/INOUIRIES: None PRESENTATIONS: A. LAKE ELMO ROTARY DONATION Fire Chief Malmquist recognized the Lake Elmo Rotary Club for their donation to the Lake Elmo Fire Department. Rotary President Tammy Malmquist explained what rotary does and that the donated funds were from a grant. Tony Haider, the club grant writer, explained the grant process. Chief Malmquist explained past equipment donated, which consisted of self -teach CPR. The new donation allowed the purchase of pulse oximeters, ruggedized computer equipment, and an ice machine. B, DAVE BOUCHECK, VALLEY BRANCH WATERSHED DIST, Page 1 of 5 LAKE EKMO CITY COUNCIL MINUTES NK0VEMBER 20, 2K01 2 Dave 8ouchech provided an overview of the district and its mission. This mission includes the promoting the communication with constituents; improving and protecting the quality ofwater; managing the quantity of water; studying the effects on ground water; enforcing the federal Wetland Conservation Act; and education. The District also conducts permitting and performs stabilization. Council Member Pearson asked about measuring success. Mr. Boucheck explained how itwas difficult, but some successes are evident. Adam Josephson stated the purpose of the safety avditwnatnaddress safety concerns. Changes have included speed limit changes and the addition n[nignage. K8oDOTisnow looking to see if there are additional measures that can be taken, Howard Preston, 9163 6501 Street [Lake Elmo resident), provided an overview of the process: Step l' assemble information. Data is of utmost importance. They look atwhat is out there and how it compares with other locations in order to determine what changes are necded/approp riate. Traffic volume in also important. Further traffic increases are expected with growth. There is need to forecast. Step Z'get out into field with safety team. Team includes law enforcement. This adds a different perspective. MnDOT, county, federal Uw0', city rep. team spends a day investigating and observing. Step 3' create report with observations and suggestions for action based on analysis. KAuDOT isanticipating a December study date. K4nDOT would review the data and the report findings. Following the review there would be a formal presentation to council/public at end of January/early February. Mayor Pro Tern Ennnnono requested clarification on the report details. K4c Preston explained thc cost and time balance that the report will detail. Council Member Park asked Mr. Josephson about the AOAKdocument and its relation. Mr. Josephson did not recall. Mr. Emmons inquired about the future and needing to balance the growth issues and what the community wants. The council thanked K8nDOTfor its assistance onthe issue. CONSENT AGENDA 2. Accept Financial Report dated October 3l,2O12 l Accept Building Permit Report dated October 3l,20lZ 4. Approve Payment nfDisbursements and Payroll 5. 2O1ZRain Garden Project ' Change Order No. 1 6. 2Ol2Rain Garden Project ' Pay Request No. l 7. 2O1ZStreet and Water Quality Improvements ' Pay Request No. 3 8. Whistling Valley 1-111 Additions - Resolution Accepting Public Improvements 9. Accept Now Insurance Agent afRecord 10. Variance 896137tbStreet North (Lot Dimension Variance: See Planning Packet) lI. Variance 'q74Jasmine Avenue North (Accessory Building Variance: See Planning 84O?70K[ Council Member Pearson moved to approve the Consent Agenda as o/n«ndud Council Member Park seconded the motion. MOTION PASSED 3-0. REGULAR AGENDA, Page 2 of 5 LAKE ELMO CITY COUNCIL MINUTES MQOVEMBER 20, 2012 ITEM 12: APPROVE TO PUT OUT RFP FOR NEW YEAR-END AUDIT FIRM City Administrator Zulcgor explained the history of the audit Oroz approval and process. He suggested a three year agreement. It was explained that the city is looking to be compliant and possibly save money by issuing an KFP. Finance Director Bendel explained that staff would ||bc to have athree year contract with atimeline. MOTION: Council 8Yecnbcr Pearson nnnvud to fSSUERYP FOR NEW YEAR-END AUDIT FIRM 2012, Council Member Park seconded the motion. MOTION PASSED 3-0. .ITEM 13: ANIMAL CONTROL CONTRACT WITH COMPANION ANIMAL CONTROL LLC [kv Administrator Zu|eger explained the history of animal control in Labe Elmo. Washington County Sheriffs Office will not pick up cats. The shelter that Lake S|nno uses vvi|| no longer receive the dogs if we also do not pick up cats. Staff also wants to keep law enforcement on the road instead of picking up animals. Mr. %u}eger provided an overview of the contract with Brittany Foley. Payment will beonaper animal basis. Mayor Pro Tern Emmons asked that the City attempt to deliver animals to owner first.K4cZu]e�er. confirmed that the contract has this policy. Mc Zu|cgcca(so pointed out that the City's animal licensing and fine schedule is being expanded and enforced. Hopefully, this will result in a revenue neutral outcome. Council K4enobcr Pearson asked about the number of animals picked up. K4c Zuheoer said 3-4 pet' nuoudz Mr. %ulegzr added that the City is asking Cimarron to control their cats and will be responsible for associated costs. MOTION: Council Member Pearson moved to approve the ANIMAL CONTROL CONTRACT WITH COMPANION ANIMAL CONTROL LLCCouncil Member Park seconded the motion, MOTION PASSED 3'0 Dean asked for contract tobcsigned immediately following the meeting. ITEM 14:APPLICATION FOR COUNCIL VACANCY City Administrator %u|e�crexplained the process and provided aoovervievvo[the app|icabnu. Council Member Pearson identified a few small items that he would prefer changed, including some wxordio�, etc. & discussion wcuo had regarding the iotervievvprocess, MOTION: Council Member Pearson moved toapprove THE APPLICATION FOR COUNCIL VACANCY ITEM 15: THE 2013 CITY OF LAKE ELMO PLAN OF WORK. Page 3 of 5 LAKE EDMO CITY COUNCIL MINUTES NOVEMBER 20, 2012 City Administrator Zu|egrr provided an overview of the plan of work. There are five overarching principles: 1. Work must be proactive aodtasyayc,'ceutered; Z. Program must add value to the community; 3. Operations must be efficient, stable, and fair; 4. Program must be cross -functional and teann'bnsed;and 5.Staff must beallowed todemonstrate expertise inindividual fields. y0c Zu\cQer hiobUebtcd major points of the Plan and noted that mission statements will impact the performance based budgeting for 2O14. ltwas also mentioned that the Library Board recently went through similar items. MOTION: Council Member Pearson moved tmADOPT THE 0NODIF0D2013 CITY OF LAKE0LMO PLAN OF WORK. Council Member Park seconded the motion. MOTION PASSED 3-0. Mayor Pro Tenu Erocnwnc commented about his approval. He also asked about the 5 day permit turnaround time. It was noted that it should be edited to be strictly residential. He also inquired about the "complete streets" concept. City Engineer Griffin clarified the purpose of complete streets. It is a very biCh level transportation goal. However, the idea and intent at the local level in appropriate. SUMMARY REPORTS AND ANNOUNCEMENTS CommcilMemuberPark-noreymrL Council Member Pearson reported attending MnDOT open house for HWY 36 proposed changes, Public sentiment is not universally supported, Chamber is asking for funding for representative for greater K4SP. Attended the Library Board meeting with City Administrator %ulcger. He commends Mr. Zuleger's efforts. Commended the library board and thanked the Wildwood lodge for hospitality Mayor Pro Tem Emmons reported having board the feedback from the public during door' knocking. Upcoming village meeting and therning progress. City Administrator Zuleger reported the upcoming 7ruth-in-Taxation hearing no 12/4 prior to city council meeting. Law 2uforcecocoL Officer funding will be considered. Keats Avenue water fundinc, meeting will take place on 12/11. There will be no second meeting in December. Christmas party will take place 12/14. Clerical staff hiring. Park maintainer interviews are scheduled. Attended Library Board meeting. Gave overview of the book Boards That Make Difference. He in scheduling meetings with state and federal officials. Letters are going out to six chronic code violators. They will have 10 days to comply. Associate City Attorney Brmkken reported working with the city engineer, sevve, hook-ups, the detachment appeal, reviewed animal control contract, and assisted with acncral administrative City Engineer Griffin added report on consultant budget. Line by line. There are ten standard operating procedures. Municipal state aid funding report. Page 4 of 5 LAKE ELMO CITY COUNCIL MINUTES ]� ��D�� -'_ ' _—____ __' �~�~~ Planning Director Klatt reported 1- 1-94 comprehensive plan is in the Met Council's hands. Staff in waiting to hear back and then can begin irnp1coneudng it, Adjacent municipality comments were minimal. Z- Village work Group is behind, It will be detrimental to not have land use plan as we move forward. There are open space issues. Be is looking forward to working with commission. December 611, is the next Therning meeting at 7AM. Finance Director Bendel reported assessments are due 11/29. The initial deadline was extended Adjourned open meeting at 8:42 P.M. Adam R. Bell, City Clerk Page 5 of 5 LAKE ELMO CM COUNCIL Brett Emmons, Mayor Pro Tern CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2012-62 RESOLUTION ADOPTING THE 2013 GENERAL FUND BUDGET WHEREAS, the City of Lake Elmo is required to adopt a formal budget for the general fund revenues; WHEREAS, the City of Lake Elmo held its Truth in Taxation Hearing on December 4, 2012; WHEREAS, the Lake City Council closed the public hearing on the 2013 general fund budget at the close of the meeting on December 4, 2012 without need for continuation; BE IT RESOLVED the Lake Elmo City Council adopts the 2013 general fund budget in the amount of $3,163,359. ADOPTED, by the Lake Elmo City Council on the 4th day of December, 2012. Dean Johnston Mayor ATTEST: Dean Zule$zer City Administrator TI IE CITY OF LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 12/04/2012 CONSENT ITEM #: 3 MOTION Consent Agenda AGENDA ITEM: Approve Disbursements in the Amount of $144,592.05 SUBMITTED BY: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $144,592.05. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # Amount Description ACH $ 8,167.71 Payroll Taxes to IRS & MN Revenue 11/29/2012 ACH $ 4,909.74 Payroll Retirement to PERA 11/29/12 DD4298 — DD4313 $ 25,090.67 Payroll Dated 11/29/12 (Direct Deposit) 39279 $ 5,000.00 Accounts Payable 11/26/12 (Manual) 39280-39317 $ 101,123.93 Accounts Payable 11/29/12 1611-1615 $ 300.00 Library Card Reimbursement 11/29/12 TOTAL $ 144,592.05 STAFF REPORT: City staff has complied and reviewed the attached set of claims. All appears to be in order and consistent with City budgetary and fiscal policies and Council direction. RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda proposed disbursements in the amount of $144,592.05. 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 December 4, 2012, Disbursements as Presented /and modified' herein." ATTACHMENTS: Accounts Payable Dated 12/04/2012 SUGGESTED ORDER OF BUSINESS (if removed from the Consent A2enda): Questions from Council to Staff ...... .............. ...... .............. Mayor Facilitates Call for Motion ..................... ..... . ....... . ..... ....... . .............. Mayor & City Council Discussion ..... ........... ........... ....................... .............. Mayor & City Council Action on Motion... ....... ...... ..... ............... Mayor Facilitates Accounts Payable To Be Paid Proof List scr: hrianne Printed: 11/29/20 12 - 3;26 PM Batch: 013-11-2012 Invoice # Inv Dale Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # AMLEGAL American Legal Publishing Corp 89608 10131/2012 1.868,00 ROO 12/04/2012 2012 S-6 Supplement Pgs. MN Code of - No 0000 101-410-1320-43510 Legal Publishing Ord, 89608 Total: 1.868.00 AM LEGAL Total: 1.868.00 ARAM Aramark, Inc. 629-762(1167 1i12/2012 101-410-1940-44010 Repairs/Maint Contractual llldg 629-7620167 Total: 629-7623116 11115/2012 101-430-3100-14170 Uniforms 629-7623116 Total: 629-7629753 11/26/2012 101-410-1940-440 10 Repairs/Maint Contractual Bldg 629-7629753 Total: 629-7629754 11/76/7017 101-410-1940-414010 Repairs/Maint Contractual Bldg 629-7629754 Total: 629-7629755 11/2612012 101-410-1940-444010 Repairs/klaint Contractual Bldg 629-7629755 Total: ARAM Total: 31,62 0.00 12/04/2012 City Ilan- Floor Mats & Linen Services 23.78 0.00 12/04/2012 Uniforms 156.02 0.00 12/04/2(112 City hall Floor Mats & Linen Services 38.22 0,00 12/04/2012 City 1 [al I- Floor Mats & Linen Services 154.25 0.00 12/04/2(112 City I fall- Floor Mats & Linen Services 31.62 73.78 156.02 38.22 154,75 403.89 131/RIELS() Bertelson's WO-814690-1 11/21/2012 90.67 0.00 12/04/2(112 Achnin 101-410-1320-42000 ()like Supplies W(4-81469(1-1 11/21/2012 29.91 (M)0 12/1)1/2012 Building 101-420-2400-42000 Office Supplies N1'0-814690-1 11/21/2012 19.42 0.00 12/04/2(112 Planning 101-410-1910-42000 Office Supplies WO-814690-1 II/21/2012 64.91 0.00 12/04;2012 Communications 101-410-1450-42000 (Alice Supplies No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Al' - To 13e Paid Proof -List (11/29/12 - 3:26 I'M) Page 1 Invoice tt Inv Dale Amount Quantity NM Date Oeseriptiou Reference Task Type l'O # Close POILine # WO-814690-1 11/21/2012 22.81 0.00 12/04/2012 Finance No 01100 101-410-1520-42000 Office Supplies 11'0-814690- I Total:. 227,72 BFRIFISO Total: 227,7/ CAMPION Campion Barrows & Assoc.. Corp 1 I/12/2012 1.560.00 0.00 12/04/2012 Psychological evaluations, Gimpel. No 0000 101-420-2220-43050 Physicals Jara Total: 1.560.00 CAMPION ['Mal: 1,560,00 CARQUEST Car Quest Auto Parts 2055-275788 11176/2012 11.06 0.00 12104/2012 weather strip adhesive No 0000 I 01-430-3100-44040 Repairs/Maint Eqpt 2055-275788 Total: 11.06 CAROL EST Total: 11,116 (TNT( JRYI, CenturyLink 11/1912012 119.86 0.00 12/04/2012 Phone Service- Lihrary No 0000 206-450-5300-43210 Telephone 11/19/2012 35.95 0.00 12/04/2012 Internet Service No 0000 206-450-5300-43250 Internet Total: 155.81 CEN IliltYL Total: 155.81 CONLEYMO Conley Morgan Cable Operl I 1/700012 1(11-410-1450-43620 Cable Operations Cable Ord Total: CONLE Y1140 Total: CTY134.00M City of 13loomington oetoher 2(112 10/3112012 601-494-9400-42270 Utility System Maintenance °ember 2012 Total: CTYRLOOM Total: CIY111100 City of Hugo 1,/9/24/2012 0904/2017 101-420-2400-43150 Inspector Contract Services /11' - 'To 13e Paid Proof ( 11129112 - 3:26 l'111, 55.00 0.00 12/0412012 Cable Operations Meeting 11/20/2012 No 0000 55.00 5 5.00 30.00 0.00 12/04/2012 Lab liacteria Test No 0000 30.00 30.00 4.944.50 0.00 12/04/2012 Building Inspector Services No 0000 Page 2 Invoice # Inc Date Amount Quantity Pint Date Description Reference Task PO # Close POLine # 09124/7017 09124/2012 101-420-2400-13310 Mileage 09/24/2012 (19/2412012 101-420-2400-43050 Plan Review Charges 09/7417012 Total: C FYI-111GO Total: CIYOAKDA City of Oakdale 201211193441 11/1912012 101-420-2220-41040 Repairs/Maiitt Eqpt 201211193441 Total: CIYOAKDA Total: DAMON Damon Farbar Associates 10/31/2012 101-410-1910-43150 Contract Services Total: ()ANION Total: DELTA Delta Dental o r fvlinnesola 499(1647 11/15/2012 I 01-000-0000-21706 kledical Insurance 499(1647 Total: 11)F,TA 'Fotal: DEUTSCII Scott Deutsch CK Rey 11/26/2012 803-000-0000-22900 Deposits Payable CK Req •Fotal: l)FAITSCII Total: FIORILLO Fiorillo Megan Cable Oper. 11/7012012 101-410-1450-43620 Cable Operations Cahle ()per. Total: FR)R11,1,0 Total: FOCUS Focus Engineering, Inc. 475/476 11/25/2012 101 —110-1930-43030 Engineering Services AP - To Be Paid Proo' List I 1129/12 - 3:26 PM) 774,78 0.00 12/04120 12 Building Inspector Mileage 11.096.74 0,00 12/0412012 Building Inspector Plan Review 16.816.02 16,816.02 137.40 0.00 12/04/2012 Oil Change and block heater on C\12. 137,10 137.40 1.836.64 0.00 12/04120 I 2 Lake Elmo Theming Project 1.836,64 1,836.64 1.593.85 0.00 12/04/2012 Dec 2012 Dental Coverage 1.593.85 1.593.85 1.000,00 0,00 12/04/2012 Rerund Escrow 2699 Imperial Ave 1„000.00 1.000.00 55.00 0,00 12/04/2012 Cable Operations- 11120/2012 CU Meeting 55,00 55:00 4,446.06 0,00 12/04/2012 General TYPe No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 Page 3 I I1VOiCe # lin Date Amount Quantify Pint Date Description Reference Task Type PO # Close POLine 425/426 11/25/2012 348,50 0.00 12/04/2012 Planning No 0000 1(11-411)-19 1-43030 Engineering Services 425/426 'Uotal: 4,794.56 -127 11/25/2012 855.011 0.00 12104%2012 13tiilding No 0000 101-420-2400-43030 Engineering 427 11/25/2012 872.5(1 0.00 12/04/2017 Planning No 0000 Ell 1-410-1910-43030 Engineering Services 427 11/2512012 1,776,00 0.00 12/04/2012 General No 0000 101-410-1930-43030 Engineering Services 427 11/25/2012 237.50 0.00 12/04/2012 Cap 0roj- parks No 0000 404-480-8000-43030 Engineering Services 427 1E2512012 45.00 0.00 12/04/2012 PW No 0000 101-430-3100-43030 Engineering Services 427 11/75/7012 411.00 0.00 12/0412012 Water No 0000 601-404-9400-43030 Engineering Services -127 11/75/7012 1,740.64 0.00 12/0412012 Sewer No 00011 602-495-9450-43030 Engineering Services -127 11/25i2012 90.00 0.00 12/04/2012 Surface Water No 0000 603-496-9500-43030 Engineering Services 427 Total: 5,477,64 428 11/25/2012 239.00 0.00 12/04/2012 Street Maintenance No 0000 409-480-8000-43030 Engineering Services 428 1E25/2012 407.50 0.00 12/114/2012 Municipal aid system No 0000 409-480-8000-43030 Engineering Services 428 11/25"2012 52.00 0.00 12/04/2012 Wash (Ay Demo 'Frail fteelaioiation No 0000 4(19-480-8000-43030 Engineering Services Proj 428 11/25/2012 498.64 0.00 12/04/2012 MN Doi 1 lilton Trail Interchange No 0000 409-480-8000-43030 Engineering Services 428 Total: 1,197.14 428' 11/2512012 743.50 0.00 12/0412012 Transportation & Traffic Systems No 0000 409-480-8000-43030 Engineering Services 428' Total: 743.50 429 11/25/2012 1.219.50 0.00 12/04/2012 Development- W'histling Valley III No 0000 40Q-48(1-8000-43030 Engineering Services 429 Total: 1,219.50 430 11/75/7012 260.00 0.00 12/04/2012 Sanctuary No 0000 409-480-8000-13030 Engineering Services 430 Total: 760.00 431 11/25/2012 177.00 0.00 12/04/2012 Lake Ehno Area Village Eng. Support No 0000 113-480-8000-43030 Engineering Services 431 Total: 177.00 432 11/25/2012 616.64 0.00 12104/2012 kVater System Design Phasing Study No 0000 601-494-9400-43030 Engineering Services 432 Total: 616.64 Al' - To Be Paid Proof List (11/29/12 - 3:26 PM) Page 4 Invoice # Ins Date 433 11/25/2012 4 I 9-48(4.8000-43030 Engineering Services 433 Total: 434 11/25/2012 409-480-8000-43030 Engineering Services 434 Fotal: 435 11125/2012 409-480-8000-43030 Engineering Services 435 Total: 436 4/25/701/ 601-494-9400-43030 Engineering Services 436 Total: 437 1 I /2512012 601-494-9400-43030 Engineering Services 437 Total: I1K,'US Torah ['NI, FAL Inc. November 2012 1210112012 101-410-1320-43100 Assessing Services November 2012 Total: FAL Total: (312AINGER Grainger 9003155427 11/21/2012 101-420-2220-42400 Small Tools & Equipment 9003 I 55,P2 Total: CiRAINGER Total: I lARDDR I V Hardrives. Inc. I I/29120 12 419-480-8000-45300 Improvements Total: HARDDR IV Total: her 11 HOLIDAYC I loliday Credit Office 11115/2012 101-420-2220-42120 Fuel, Oil and Fluids Total: 1IOLIDA VC Total: AP To Be Paid Proof List (11/29/12 - 3:26 PM ) Amount- Quantity Pmt Date Description Reference Task Type PO # Close POLine # 8,832.72 8,837.7") 3.246.87 3.246.87 2,002.50 2,007.50 90.00 90310 4.563.21 4,563.21 33,221.28 2.000.00 2,000.00 7,000,00 454.43 454.43 454.43 23,949.38 s 23.949.38 23.949.38 349.79 349.79 349.79 0,00 12/04/2012 Demontrevil le Highlands Alen Slrcet Imp. 0.00 12/0412(117 Olson 1.ake Trail Sewer Extension 0.00 12104/2012 Old Village Municipal Sanitary Sewer 0.00 12/04/2012 Inwood Ave Trunk Walermain 0,00 12/04/2012 Keats ANA; Waterinain 0.00 12/04/2012 Assessing Services- Nov 2012 0.00 12/0412012 Safety Glasses 0.00 12/04/2012 2012 Street & Water Quality Imp. Pay Est 0.00 12/04/2012 Fuel No 0000 No 0000 No 0000 No 0(100 No 0000 No No No No 0000 0(100 00(10 0000 Page 5 Invoice # Inv Date Amount (Motility Nut Dote Description Reference Task Type I'O # Close POLitte r`i JOHNS() Kevin Johnson Cable Oper 111141201 2 55.00 0,00 12/04/2012 Cable Oper. Meeting 11/14/2012 No 0000 101-410.1450-43620 Cob10 operations Cable Oper Total: 55,00 INSO Total: 55,00 LE/VAIN League or MN Cities 170975 11/1512012 40,0(1 0.00 12/04/2012 2012 Regional Meeting Dean Zuleger No 0000 101-410-1110-4-1370 Conferences 8.: Training 170975 fowl: 40.00 1.,13,/161\1N Iota]: 40.00 NIC'DONALD McOonald Construction CK Req 1 1i76/2012 3,000,00 0,00 12/04/2012 RCIUIRI Escrow 100(137 Tapestry kd No 0000 803-000-0000-22900 Deposits Payable 7358 CK 1Zeq fotal: 3,000.00 NICDON Al fotal: 3,000.00 MENA R DSO Menards - Oakdale 7024 1111317012 33.08 0,00 12/04/2017 Park Maint. !lard \vare No 0000 101-450-5200-42250 Landscaping fV1Hlerials 7024 Total: 33.08 7107 11/14/2012 41.07 0.00 12/04/2012 Park Supplies No 0000 101-450-5200-42250 Landscaping 1\4(11c:dais 7107 Total: 41.07 7443 1 1.00/2012 51.35 0.00 12/04/2012 Supplies Ibr training house hurn Nu 0000 101-420-2220-44370 Conferences le. Training 7443 11/2012012 66.12 0.00 12/04/2012 Response supplies No 0000 I 01-420-2220-42400 Small fools & Fquipment 7443 11/20/7012 12.45 0.00 12/04/2012 Vehicle N'laint. No 0000 101-420-2220-44040 Repairs/Main( Eqpt 7443 11/70/2012 17.95 0.00 12/04/2012 Thermostat Station #2 No 0000 101-420-2220-42230 Building Repair Supplies 7443 Total: 147.87 IVIENARDSO Total: 222.02 ML/TROFIR Metro Fire 45715 11/15/2012 225A10 0.00 1//04/2012 Class A Foam No 0000 101-420-2220-42400 Small Tools & Fquipment 45715 Total: 225,00 AP - To Be Paid Proof List (11/29/12 - 3:26 PM) Page 6 Invoice ti In Dale Amount Quantity Pint Date Description Reference Task Type PO # Close # R011 It Total: 225.00 MAW MI 1.1.EREX Idler Excavating. Inc. 16730 11;21/2012 170,00 0.00 12/0417012 Grading gravel mac1 No 0000 101 -430-3120-43150 Contract Services 16730 Total: 270.00 Mil.I.FRFX Total: 170,00 MN NA11V Minnesota Native Eand, 8715 13,00000 1/26/2012 0.00 12/04/2012 Prairie Restoration No 0000. 404-480-8000-43050 Other Park Ded Pror Services 8715 rotor 3,000,00 1V1N NA I IV Total: 3,000.00 fv1N DOTI MN Department of Health I 1 /19/2012 1,508.00 0.00 12/04/2012 40i Qtr. Water C'onnection Service No 0000 601 -494-9400-4-4300 Miscellaneous Supply Total: 1,508,00 MN D011 Total: 1.508.00 MONTAGE Montage Enterprise Inc. 17689 10/16/1012 94.70 0.00 12/04/2012 Bearing. Shall, Dust Caps 6410 No 0000 101-430-3125-14040 Rcpis!Man Eqpt 17689 Total: 94.70 MONTAGE Total: 94,70 NCPERS 566200-NCPERS MINNESOTA 5662812 I 1/20/20 12 101-000-0000-2 I 708 Other Benefits 5662812 Total: N CIT RS Total: 240.00 0.00 12/04/2012 Dec 2012 Deductions No 0000 240.00 240.00 NEXTEL Nextel ications 761950227-108 , /2012 116.40 0.00 12/04/2012 cell phone administration No 0000 101-410-1940-43210 Telephone 761950227-108 10Th 1/20 12 130.09 0.00 12/04/-7011 cell phone lire dept No 0000 101-420-2220-43210 Telephone 761950227-108 10/01/2012 51.67 0.00 12104/2011 cell phone building dept No 0000 101-120-2400-43210 'relephone AP - To Be Pak! Proof' List I 1/29/12 - 3:26 PM) Page 7 Invoice # Inv Date 761950227-108 10/01/2012 111 -430-3100-13210 Teleplionc.' 7619507 ?7-108 10/01/7012 101 -450-520(1-43210 Telephone 761950777-108 10;01/2012 101-110- I-150-43210 T(Acplione 761950277-108 10/01/2012 101-41(1-1910-13210 telephone 761950227-108 Total: NIX 1 EL Total: NOR 1'ON110 Norton Homes Ck Rcq 1 I/26/2012 803-000-0000-229(10 1)eposits Payable Ck Rey Total: NOItTONHO Total: Amount Quantity Pint Date Description Reference OAKDRC Oakdale Rental Center 10085912 11d18/2012 404-480-8000-45300 Improvements ( er Tha 1(1(185912 Total: 10086052 (/)117012 603-496-9500-4315(1 Contract Services 10086052 Total: OAKDRC Total: ROGERS Rogers Printing Services, Corp 19020 11/09/20 12 101-110-1450-43090 Newsletter 1902(1 Total: ROGERS Total: SI II 5111 International 1300831614 11/09/2012 101-170-7220-42000 Mac Supplies B00831614 Total: SHI Total: STILEMED Stillwater Niedical Group 11/13/2012 101-420-2220-13(150 Physicals AP - To He Paid Proof List (11/29112 - 3:26 PM) 35.77 75.5(1 -95.99 18.25 341.14 341.14 0.00 12/04/2012 cal phone public ‘vorks dept OM 12/0,112012 cell phone parks dept 0.00 12/04/2012 cell phone taxpayer services 0.00 17/04/7017 et:111)11one planning dept 3.000.00 0.00 12/04/2012 Refund Escrow 10114 Tapestry Bend 8378 3.000.00 3.000,00 207,34 (400 12/01/2012 Concrete ror DemonIrevil le rences/benchs 207,34 573.69 523.69 731.03 2,234.76 7.734.76 2,734,76 168,44 168.44 168.14 35.00 0,00 12/04/2012 Excavator rental Stormwater Ditch I,K 0,00 12/04/2012 3600 Newsletters 0,00 17/04/2012 Computer Monitor 0.00 17/04/2012 vaccination 'Cask Type # Close POLine # No No No No No No No No No No 0000 0000 0000 (1000 0000 0000 0000 0000 0000 0000 Page 8 Invoice # Inv Date Amount Quantity hut Date Description Reference Task Type l'O # Close l'OLine # 'Total: 35.00 S Total: 35.00 TIO/S.111,6A Tregilgas Michael Cable Oper. 11/2611012 /7.50 0.00 12/04/2012 Cable Operations Meetmg 1 1/2612012 No 0000 0 I-410-1450-43620 Cable Operations Cable ()per. Total: 27.50 TREGILOA Total: 77.50 XCI-T. Neel Energy !2120/7017 11/2317012 /9.66 0.00 12704/2012 51-4572945-7 No 0000 101-430-3160-43810 Street Lighting 171/0/201/ 11/23/2012 15.72 WOO 12/04/2012 51-6-129583-8 No 0000 60/-495-9450-43810 Electric 1 flinty 1//20/201/ Total: 45,38 NCEL Total: 45.38 Yl1C1.1%1 Yocum Oil Company. Inc. 21.1785 11109/2012 160.69 0.00 12104/2012 Hulk oil tanks No 0000 101430-3100-44010 R epairs/Maint 131de 213785 Total: 160.69 YOCErvl Total: 160.69 Report -Total: 10E123,93 Al' - Paid I/moll...is( 11129112 - 3:26 PN1) Page 9 Accounts Payable Computer Check Proof List User: Joan Z. Printed: 11126/7012 - 2:12 Invoice No Description Amount Payment Date Acct Number Reference Vendor:LANDMARK Landmark Builders. Inc. CK Req. Refund Escrow 11727 58th Street il8320 Check Total: Total lor Check Run: Total Number of Checks: Cheek Sequence: 1 AC1-I Enabled: No 5.000.00 11/2612012 803-000-0000-77900 5.000.00 5.000,00 AP - Computer Check Proof List (II/26/2012 - 2:12 I'M ) Page 1 1 1 1 11111-1 c )1 1' LA K 1:=:, F LA() MAYOR AND COUNCIL COMMUNICATION DATE: 12/04/2012 CONSENT ITEM #: 4 MOTION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: City Code Amendments Adam Bell, City Clerk Nick M. Johnson, City Planner Dean A. Zuleger, City Administrator Planning Commission Kyle Klatt, Planning Director SUMMARY AND ACTION REOUESTED: In response to increased interest related to the practice of therapeutic massage in Lake Elmo. Staff is recommending that the City Council adopt a licensing program to regulate the practice of therapeutic massage. Currently, the City regulates the practice of therapeutic massage through the Conditional Use Permit process. However. Staff has found that a licensing program is a much more effective means of regulating massage businesses and practitioners in Lake Elmo. In addition to adopting a therapeutic massage licensing program, the City must change therapeutic massage from a conditional to a permitted use in the General Business (GB) Zoning District to be consistent with the licensing program. The Planning Commission reviewed the proposed zoning text amendment to make therapeutic massage a permitted use in the GB district at a meeting on 11/14/12, recommending approval of the text amendment. BACKGROUND INFORMATION: The City of Lake Elmo received an application for a Conditional Use Permit for therapeutic massage at 11200 Stillwater Blvd. N. in September. Through the review process of this application, Staff evaluated how effective the Conditional Use Permit was as a mechanism of regulation. Based upon this review and additional research, Staff found that a licensing program remains a more effective means of regulating this activity. In addition, licensing programs are the most common approach regulating therapeutic massage in the Metro Area. STAFF REPORT: Licensing of therapeutic massage remains the most effective means of regulation for the following reasons: Licensing includes a criminal background check of the ownership and all practitioners of the massage business: The annual renewal of massage licenses allows Staff the authority to regulate and review massage practitioners on an annual basis. If some unethical or unlawful conduct has occurred. the City has the authority to not renew or rescind the business and practitioner's license; 3. Licensing ensures that practitioners must have a minimum amount of training, ensurini that all massage practitioners operating in Lake Elmo are qualified and professional; and 4. All practitioners must be licensed individually, whereas a Conditional Use Permit may only be applied to a property where massage is being practiced. These reasons demonstrate that licensing is a more effective means of regulation. Regarding the specific proposals contained within the massage ordinance, Staff based decision points related to fees and the amount of training by researching surrounding communities that employ a licensing program. In terms of fees for the licenses. Staff is recommending the following fees: Massage Therapy Premises License — Application fee: $100; Investigation fee: $100 Massage Therapy Practitioner License — Application fee: $50; Investigation fee: $50 Annual License Renewal Fee — Premises: $50; Practitioner: $25 Any Amendment or changes — $50 The initial fees for the business and practitioner are based upon estimates of administrative fees and research regarding costs related to background checks. When therapeutic massage was reviewed by the Planning Commission, it should be noted that they were concerns related to City costs. Staff feels that the administrative costs should be reasonable, and the City will update the fee schedule if the costs for administering the license program are not recuperated by the initial fee or are found to be too high. The proposed fees are in line with the surrounding communities. In addition, Staff conducted research related to the amount of required training of surrounding communities. After balancing the findings of other communities, Staff is recommending requiring 500 training hours as the required minimum. This amount of training is consistent with most national certification and training programs for therapeutic massage and bodywork. Finally, in order to remove the Conditional Use Pen -nit as the means for regulating therapeutic massage in Lake Elmo, a zoning text amendment must be approved to change therapeutic massage from a conditional to a permitted use in the General Business Zoning District, the current zoning district that allows massage in Lake Elmo. Along with the therapeutic massage ordinance, this proposed zoning text amendment is included in Ordinance 2012-64. It should also be noted the licensing program will apply to the new sewered commercial zoning district as well. Regardless of zoning district, anyone who wishes to practice therapeutic massage in Lake Elmo will be required to obtain a license. STAFF AND PLANNING COMMISSION RECOMMENDATION: The Staff recommends approval of the therapeutic massage licensing program and zoning text amendment by taking the following action: "Move to approve Ordinance 2012-64, approving the therapeutic massage licensing program and zoning text amendment to the General Business Zoning District, as recommend by the Planning Commission." ATTACHMENTS: . Ordinance 2012-64 SUGGESTED ORDER OF BUSINESS: Introduction of Item ........... ........ ............ ...... City Administrator Report/Presentation...... ......... ....................... ..... Clerk Questions from Council to Staff.... ......... ................................ Mayor Facilitates Public Input, if Appropriate ............ ............................. ...... Mayor Facilitates Call for Motion ..... ....... . ........ ............... ........ ............ Mayor & City Council Discussion .......... ..... ....... . ...... ..... . ..... Mayor & City Council Action on Motion.... ...... ......... ........ ....... ............... ........... Mayor Facilitates CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 2012-064 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY CHANGING THERAPEUTIC MASSAGE FROM A CONDITIONAL TO A PERMITTED USE IN THE GENERAL BUSINESS ZONING DISTRICT AND ADDING NEW REGULATIONS RELATED TO THE PRACTICE OF THERAPEUTIC MASSAGE IN THE CITY OF LAKE ELMO. SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code, by removing the following language: §154.051 GB - GENERAL BUSINESS (A) Permitted uses and structures. (5) Uses permitted by conditional use permit. General Business - Conditional Use SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code, by adding the following language: §154.051 GB - GENERAL BUSINESS (A) Permitted uses and structures. (1) The following service/office uses: General Business - Service/Office SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XI: Business Regulations; Chapter 114: Therapeutic Massage, by adding the following language: 114. THERAPEUTIC MASSAGE S114.01 PURPOSE. The City Council finds that therapeutic massage and bodywork establishments potentially provide an opportunity for the commission of crimes, including but not limited to, prostitution. The purpose of this Chapter is therefore to prevent businesses from being used as facilities for commission of crimes and to assure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the citizens of the city. S114.02 LICENSE REQUIRED. A. No person shall exercise, carry -on, or be engaged in the trade or business of providing massage therapy or bodywork or operating a massage therapy or bodywork establishment unless such person is currently licensed under this Chapter. The application and licensing process are described in 5114.12-15. This section is intended to require the licensing of the business as an entity, as well as each person employed by the business for the purpose of providing therapeutic massage or bodywork therapy. B. Notwithstanding the licensing requirements detailed under paragraph (A) of this section, therapeutic massage premises license holders allowing persons to provide therapeutic massage or bodywork services at a therapeutic massage establishment without a current License may be held responsible and charged with a violation of this chapter. C. Persons or businesses currently engaged in the practice of therapeutic massage or bodywork at the time of enactment of this section shall be in full compliance with the terms and conditions of the section no later than ten (10) days following publication of the section. The exception to the compliance requirement shall be the required educational standards. Specifically, those persons employed in the practice of therapeutic massage or bodywork within the City of Lake Elmo prior to the enactment of this section shall be allowed to continue in such practice without meeting the required minimum standard of 500 format training hours until January 1, 2014. Persons or businesses engaging in the practices described in this section after the enactment of this ordinance shall be in full compliance prior to engaging in such practices. S114.03 LICENSING EXCEPTIONS. The following persons or places, as described, shall be exempt from the licensing requirements of this Chapter: A. Persons duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, provided the massage is administered in the regular course of the medical business and not provided as part of a separate and distinct massage or bodywork business. B. Persons duly licensed by this state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments and provided that massages provided by beauty culturists are limited to the head, hand, neck and feet, and that massages provided by barbers are limited to the head and neck. C. Students participating in an educational massage therapy program at an accredited college providing therapeutic massage therapy under the direct supervision of a licensed massage therapist/bodyworks therapist, or licensed health professional under which massage is within the scope of their practice. D. Off -site locations at which a client receives therapeutic massage or bodywork services from a licensed massage or bodywork therapist, licensed pursuant to the terms of this chapter. E. As described in Minnesota Statute 471.709: a massage therapist who is working for or an employee of a medical professional licensed under Chapter 147 or 148. (Ord. 745, 10/26/10). S114.04 PERSONS AND LOCATIONS INELIGIBLE FOR A LICENSE. A. No License under this Chapter shall be issued to an applicant who is a natural person if such applicant: 1. Is a minor at the time the application is filed; 2. Has been convicted of or entered a plea of guilty within the previous three (3) years to a violation of this Chapter or of any other law regulating the practice of therapeutic massage, or of any law prohibiting criminal sexual conduct, prostitution, pandering, indecent conduct, or keeping of a disorderly house; 3. Is not of good moral character or repute; 4. Holds an intoxicating liquor license under Chapter 111 of this Code; or 5. Provides any false, fraudulent, or deceptive information in the required application. B. The provisions of this section as described in paragraph (A), numbers (1) through (5), shall also apply to any partnership if such applicant has any general partner or managing partner meeting any of the described criteria; and shall also apply to any corporation or other organization if such applicant has any manager, proprietor, or agent in charge of the business meeting any of the described criteria. C. The following locations shall be ineligible for a license under this Chapter: 1. No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota statutes, Sections 278.01-278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. 2. No license shall be granted or renewed if the property on which the business is to be conducted is owned by a person who is ineligible for a license under the requirements of any Chapter of this Code. 5114.005 FEES. A. Application Fee. 1. The license application fee shall be as determined by the City Council, and should, as closely as possible, reflect the actual cost of processing, verifying, and approving the application. An applicant for any license under this Chapter shall be responsible for the payment of all actual expenses related to the background investigation conducted by the city, up to a maximum cost of $250.00 per person employed or contracted with as a massage or body works therapist. The intent of this section is to require a background investigation for all persons employed by or contracting with any massage therapy or bodywork business operating within the city. These costs shalt be paid to the city prior to the issuance of an individual or business license 2. In the event that the licensed premises defines a structure not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be ninety (90) days after approval of the license by the City Council or upon the date the building is ready for occupancy, whichever is sooner. When a new license application is submitted as a result of incorporation by an existing licensee and the ownership, control, and interest in the license are unchanged, no additional fee shall be required. B. Annual License Renewal Fee 1. The annual license renewal fee shall be determined by the City Council and should, as closely as possible, reflect the actual cost of processing, verifying and approving the renewal application. For the purpose of establishing an initial licensing fee, the annual renewal fee shall be calculated at the rate of $50.00 for the business entity and $25.00 per massage therapy or body works practitioner employed by or contracting with the business entity. 5114.06 GENERAL LICENSE RESTRICTIONS. A. Educational Requirements. Persons applying for a license under this Chapter shall provide, in addition to the general application described later in this Chapter, a copy of a diploma or certificate of graduation from a school approved by the state or local government agency having jurisdiction over the school. The minimum acceptable level of training shall be established five hundred (500) practitioner hours. Additionally, each practitioner must be currently certified in the administration of Cardiopulmonary Resuscitation (CPR). B. Inspection of Premise. During business hours, all therapeutic massage and bodywork establishments shall be open to inspection by city Building and License Inspectors, Health Officers, and Licensed Peace Officers. At the request of the described inspecting parties, any person licensed under this Chapter shall produce correct and authentic identification that includes a true legal name and current home address. C. License Display. A license issued under this Chapter must be posted in a conspicuous place in the premises for which it is used. The license issued is only effective for the compact and contiguous space specified in the approved license application. In addition to the license issued to the business establishment, the licenses issued to individual persons employed by the business shall be displayed in a similar manner. D. Maintenance of Order. A licensee under this Chapter shall be responsible for the conduct of the business being operated and shall maintain conditions of order. E. Gambling. No licensee under this Chapter may keep, possess, or operate, or permit the keeping, possession, or operation on the licensed premises of dice, slot machines, roulette wheels, punchboards, blackjack tables or pinball machines which return coins or slugs, chips, or tokens of any kind, which are redeemable in merchandise or cash. No gambling equipment authorized under Minnesota Statutes, Sections 349.11-349.60, may be kept or operated and no raffles may be conducted on the licensed premises and/or adjoining rooms. The purchase of lottery tickets may take place on the licensed premises as authorized by the director of the lottery pursuant to Minnesota Statutes, Section 349A.01-349A.15. F. Alcohol or Drugs Prohibited. No beer, liquor, narcotic drug, or controlled substance, as such terms are defined by state statutes or city code, shall be permitted on the premises. G. Building, Safety and Health Regulations. Any establishment licensed under this Chapter shall be in full compliance with all applicable local, state and federal building, safety and health laws and regulations. H. Locks on Doors. There shall be no locks placed upon or used on the doors of massage rooms. Professional Liability Insurance. Each business as an entity and each practitioner individually shall obtain and keep current a professional liability insurance policy governing the activities of the business and practitioner. Minnesota Statute Chapter 146A. Each business as an entity and each practitioner individually shall additionally comply with all of the requirements and regulations established by Minnesota Statute Chapter 146A. This chapter establishes the State Office of Unlicensed Complementary and Alternative Health Care Practice and establishes additional regulations and requirements for these businesses types. K. Appointment Record Requirement. All licensees shall be responsible for keeping appointment records of all off -site therapeutic massage/bodywork services provided. The records shall be sequential and shall include the name of the therapist conducting the service, the name and signature of the client, the address where the service was provided, and the date and time of the service. Licensed therapists shall have appointment records in possession at all off -site locations. Appointment records shall be kept for a period of twenty- four (24) months from the date of the service. §114.07 Restrictions Regarding License Transfer. Each license under this Chapter shall be issued to the applicant only and shall not be transferable to any other person. No licensee shall loan, sell, give, or assign a license to another person. 5114.08 Suspension or Revocation of License. A. The City Council may suspend or revoke a license issued under this Chapter upon a finding of a violation of: (1) any of the provisions of this Chapter; (2) any state statute regulating therapeutic massage or bodywork; or (3) any state or local taw relating to moral character and repute. Any conviction by the license holder for any other law regulating the practice of massage or bodywork, or of any law prohibiting criminal sexual conduct, prostitution, pandering, indecent conduct, or keeping of a disorderly house shall result in the immediate suspension pending a hearing on revocation of any License issued hereunder. B. Except in the case of a suspension pending a hearing on revocation, a revocation or suspension by the City Council shall be preceded by written notice to the licensee and a public hearing. The written notice shall give at least eight (8) days notice of time and place of the hearing and shall state the nature of the charges against the license holder. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not to exceed thirty (30) days. The notice may be served upon the license holder by United States mail addressed to the most recent address of the business in the license application. S114.09 Prohibited Acts. Any touching, manipulation, stimulation, or excitation of the primary genital area of a client by a massage therapist or bodywork practitioner, or of a massage therapist or bodywork practitioner by a client, pursuant to the provision of a massage or bodywork technique, is expressly prohibited. The offer or suggestion to provide any of the described acts to a client by the massage therapist or bodywork practitioner is prohibited. S114.10 Severability. If any section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have adopted this Chapter and each section, subsection, sentences, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. S114.11 Penalty. A violation of this Chapter shall be a misdemeanor under Minnesota law. S114.12 Application Content. Every application for a License under this Chapter shall be made on a form supplied by the issuing authority and shall contain the information described below. The intent of the application process is to acquire sufficient information on the owner of the business and each employee or contractor with the business as to allow a thorough background investigation and an informed decision by the city with regard to licensing. If the applicant is employed by or contracting with a business, and is not the owner of the business, it will not be necessary to provide information regarding the applicant's spouse. A. If the applicant is a natural person: 1. The name, place and date of birth, street resident address, and phone number of the applicant. 2. Whether the applicant is a citizen of the United States or a resident alien. 3. Whether the applicant has ever used or been known by another name other than the applicant's name, and if so, the name or names used and information concerning the dates and places when used. 4. The name of the business if it is to be conducted under a designation, name, or style other than the name of the applicant and a certified copy of the certificate as required by Minnesota Statutes, Section 333.01. 5. Whether the applicant will engage in off -site massage/bodywork services. 6. The street addresses at which the applicant has lived during the preceding five (5) years. 7. The type, name, and location of every business or occupation in which the applicant has been engaged during the preceding five (5) years and the names(s) and address(es) of the applicant's employer(s) and partner(s), if any, for the preceding five (5) years. 8. Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance other than a traffic ordinance. If so, the applicant shall furnish information as to the time, place, and offense for which convictions were had. 9. The physical description of the applicant. B. If the applicant is married: 1. The name, place and date of birth, and street address of the applicant's current spouse. 2. The type, name, and location of every business or occupation in which the applicant's current spouse has been engaged during the preceding five (5) years. 3. The names and addresses of the employers or partners of the applicant's current spouse for the preceding five (5) years. 4. Whether the applicant's current spouse has ever been convicted of any felony, crime, or violation of any ordinance other than a traffic ordinance. If so, the applicant shall furnish information as to the time, place, and offense for such convictions. C. If the applicant is a partnership: 1. The names(s) and address(es) of all general and limited partners and all information concerning each general partner required in subpart (1) of this section. 2. The name(s) of the managing partner(s) and the interest of each partner in the massage therapy business. 3. A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes, Section 333.01, a certified copy of such certificate shall be attached to the application. D. If the applicant is a corporation or other organization: 1. The name of the corporation or business form, and if incorporated, the state of the incorporation. 2. A true copy of the Certificate of Incorporation, Articles of Incorporation or Association Agreement, and By -taws shall be attached to the application. If the application is a foreign corporation, a Certificate of Authority as required by Minnesota Statutes, Section 303.06, shall be attached. 3. The name of the manager(s), proprietor(s), or other agent(s) in charge of the business and all information concerning each manager, proprietor, or agent required in subpart (1) of this section. 4. A list of all persons who control or own an interest in excess of five (5) percent in such organization or business form or who are officers of the corporation or business form and all information concerning said persons required in subpart (1) of this section. E. For all applicants: 1. Whether the applicant holds a current massage therapy license from any other governmental unit. 2. Whether the applicant has previously been denied a massage therapy license from any other governmental unit. 3. The names, street resident addresses, and business addresses of three residents of the seven -county metropolitan area, who are of good moral character and who are not related to the applicant or not holding any ownership in the premises or business, who may be referred to as to the applicant's and/or manager's character. 4. The location of the business premises. 5. The legal description of the premises to be licensed. 6. Whether alt real estate and personal property taxes that are due and payable to the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid. 7. Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the Lake Elmo Building Department, no plans need to be submitted with the issuing authority. 8. Such other information as the City Council or issuing authority may require. §114.13 Application Execution. All applications for a license under this Chapter shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation, by an officer thereof; and if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. Any falsification on a license application shall result in the denial of a license. S114.14 Application Verification. All applications shall be referred to the issuing authority for verification and investigation of the facts set forth in the application. The issuing authority shall make a written report and recommendation to the City Council as to the issuance or non -issuance of the license. The City Council may order and conduct such additional investigation, as it deems necessary. S114.15 Application Consideration. A. The City Council shall conduct a hearing on the license application within a reasonable period following receipt of the issuing authority's report and recommendation regarding the application. At least ten (10) days in advance of the City Council hearing on an application, the issuing authority shall cause notice of the hearing to be published in the official newspaper of the city, setting forth the day, time, and place of the hearing; the name of the applicant; the premises where the business is to be conducted; and the type of license which is sought. At the hearing, opportunity shall be given to any person to be heard for or against the granting of the license. Additional hearings on the application may be held if the City Council deems additional hearings necessary. After the hearing or hearings on the application, the City Council may, in its discretion, grant or deny the application. B. If an application is granted for a location where a building is under construction or not ready for occupancy, the License shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises. S114.16 Expiration of License; Prorating. All licenses issued pursuant to this Chapter shall expire on the last day of October of each year. Each license shall be issued for a period of one year except that if a portion of the license year (November to October following) has elapsed at such time as the application is filed, a license may be issued for the remainder of the license year for a pro rata fee. For the purpose of computing such "pro rata fee", any fraction of a month falling within the license period shall be counted as a full month. S114.17 Renewal Application A. Applications for the renewal of an existing license shall be made at least thirty (30) days prior to the date of the expiration of the license and shall be made in such form as the issuing authority requires. If, in the judgment of the issuing authority, good and sufficient cause is shown by an applicant for the applicant's failure to submit a renewal application before the expiration of the existing license, the issuing authority may, if the other provisions of this Chapter are complied with, grant the renewal application. B. A license under this Chapter will not be renewed: 1. If the issuing authority determines that the licensee has failed to comply with the provisions of this Chapter in preceding license years. 2. If the licensee, or if the licensee does not manage the establishment, the manager of the licensed premises is not a resident of the seven -county metropolitan area on the date that the renewal takes effect. 3. If in the case of a partnership, the managing partner or other person who manages the establishment is not a resident of the seven -county metropolitan area on the date the renewal takes effect. 4. If in the case of a corporation, or other organization, the manager, a proprietor, or agent in charge of the establishment is not a resident of the seven -county metropolitan area on the date the renewal takes effect. 5. The time for establishing residence in the seven -county metropolitan area may, for good cause, be extended by the City Council. 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 2012-64 was adopted on this fourth day of December 2012, by a vote of Ayes and Nays. LAKE ELMO CITY COUNCIL Dean A. Johnston, Mayor ATTEST: Adam Bell, City Clerk This Ordinance 2012-64 was published on the day of 2012. y I 1' CITY KE FJ.MO MAYOR AND COUNCIL COMMUNICATION DATE: 12/04/2012 CONSENT ITEM #: 7 MOTION Consent Agenda AGENDA ITEM: 2013 Meeting Calendar SUBMITTED BY: Adam Bell, City Clerk THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Cathy Bendel, Finance Director SUMMARY AND ACTION REOUESTED: As part of the Consent Agenda City Council is respectfully requested to officially adopt the proposed 2013 City Meeting Calendar or amend as necessary. RECOMMENDATION Staff recommends the city council make a motion "Move to approve the proposed 2013 Meeting Calendar" ATTACHMENTS: Proposed 2013 Calendar of City Council regular meetings and workshops 2013 CALENDAR OF LAKE ELMO CITY COUNCIL MEETINGS AND WORKSHOPS (The Mayor and Council have the right to add or cancel meetings) Council Meetings and Council Workshops: January 2 (Wed) Regular Meeting anuary 8 — Workshop January 15 Regular Meeting February 5 Regular Meeting February 12 Workshop February 19 Regular Meeting March 5 Regular Meeting March 12 Workshop March 19 Regular Meeting April 2 Regular Meeting April 9 Workshop April 16 Regular Meeting May 7 Regular Meeting May 14 Workshop May 21 Regular Meeting June 4 June 11 June 18 Regular Meeting Workshop Regular Meeting July 2 Regular Meeting J uly 9 Workshop July 16 — Regular Meeting August 6 Regular Meeting August 13 Workshop August 20 Regular Meetin September 3 Regular Meeting September 10 Workshop September 1 7 Regular Meeting October 1 — Regular Meeting October 8 Workshop October 15 Regular Meeting November 5 Regular Meeting November 12 Workshop November 19 Regular Meeting December 3 Regular Meeting December 10 Workshop December 17 Regular Meeting |/\|||,| .-\/() /-'tm of Lake E| Schedule 2013 APPLICATION/ FEE/PERMIT TYPE 2013FEE Accessory Bldg forward ofPrimary Structure (g154.V9%) g200,00 Amateur Radio Antenna $875.00 Appeal (to Board mfAd)uxtmentand Appeals) $150.00 Assessment Search $25.00/sea,ch Building Demolition � Residential $200.00 Commercial $30l0 Burning Permit Residential $45.00 ------- [ommerda| $0I00 Illegal Burn seenotes-> Certificate nfZoning Compliance Accessory Structures ^ 120SF Fence (less than 6') Swimming Pool Comprehensive Plan Amendmemu Conditional Use Permit (CUP) New Amended Contractor License Fees Asphalt/Concrete Demolition Driveway Excavator HVA[ Fire Suppression Landscaping Irrigation Sewer/Water Line Installer Sign Installer Solid Waste Hauler Tree Contract Copy Services (Paper/Electronic) $75O0 $75,00 $75�UV $l,3OC\OO $1,OSU-0O � $50.00 $50.00 $S0-O0 $50.00 $5O�OO $50.00 $50,00 $50.00 $50.00 $lZ0�DO $7UUO ESCROW ORADDITIONAL CHARGE Plus $5.O0Surcharge (State Mandated) Additional fees may beincurred based onWash. (2y,[hieysfee schedule and #n[responding units Wireless Communication Facilities Fee Escrow $i0OO.0D Flood Plain Ordinance Fee Escrow $SOO.00. DEPARTMENT Planning 'Planning !Administration Administration Administration Building Building Re Re �Fire Re Planning Planning Planning Planning Planning Planning Planning Planning Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Administration y-'tm � Lake �| Schedule ^J | �� v~�~� ��/ ��m� u�� //�m�/� ��»�� r=� APPLICATION/ FEE/PER MIT TYPE [upiex(8&VV Copies (Color) [opies(8&VV) 11x17 Copies (Co|od1Ixl7 G|SSca|ed Aerial City Street Maps(36x4O Existing Maps 2U13FEE $O25per page $O.5Oper page $1O0per page $Z.0Oper page $15,00 $2O�OO $5J]O Custom (Per Hour Rate) ! $7U0 Plan Size Maps (Larger than 11x17) $20/0 Development Standards Specs/Details $55.00 Code Book $160�00 Code Book Sections I'Z'4,6'12,l4 $12,00 Code Book Section 3 $52.00 Code Book Sections 5&1] $27I0 Comprehensive Plan $125.00 OP Ordinance $12.00 Parks Plan S80.00 Culverts inDevelopments with Rural Section $160I0 Daycare Inspection Fee $60.00 Dog Q License $2000 - _-__----� Service Dogs License $5.00 (Dogs with special training toassist individuals with disabilities) Duplicate License nrTag First Impound- Unlicensed Dog First Impound- Licensed Dog First Impound- Cat _Subsequent dog/ cat impound Driveway $1.00 $60.00 $42.00 $42.00 $85.00 Residential $70/0 Commercial $160,00 Easement Encroachment $I0�OO � Electronic Fund Withdrawl/Bill Payment Fee + Trans. Charge ESCROW OR ADDITIONAL CHARGE | � |Plus $S,0USurcharge (State Mandated) Plus l%ofValue. |K8inimum$lOO.0O | All Impound Fees plus $20/day Boarding Fee |Staff & Recording Fee | ' DEPARTMENT Administration Administration Administration Administration Administration Administration Administration _ Administration Administration Administration Administration Administration ':Administration | |Adnninistradon !Administration _ 'Administration .-_ Administration Administration Fire Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Planning Planning iP|aonin& ,Planning ,Administration 2 |/\�� | ^~ '.~ ' C'fm of Lake E| Schedule 2013 4PPLKJAT|Om/FEE/PERM|TTYPE Erosion Control / / 2013FEE ESCROW ORADDITIONAL CHARGE DEPARTMENT / /Engineering Re -inspection Fee (portal toportal from City Hall: lHcmin) $BlOOper hour $5.000.005ec«hty |Engineehng Excavating & Grading ?S0cubic yards, vpuo4UOcubic ydo g125.00 3ecudtYg5D0 Engineering Excavating & Grading �40Dcubic yards $1'000�00 Security $1.5O0.0Oper acrewwith $1'50Ominimum. Engineering False Alarms (12Month Period)* /+I'3nocho/ge/ | Fire _ Residential Fire 4-6 False Alarms $llOm Fire |nExcess of5False Alarms $185�00 ' Fie Commercial Fire 4-6False Alarms $31510 Fire In Excess of 6 False Alarms $52000 Fire Fire Alarm Systems (new ovrework including low voltage systemg Flood Plain District Delineation Fuel Tank Remnve (Underground) Fuel Tank Install HVAC Residential [omrnorda| Interim Use Permit (IUP) Fee Renewal AGSa|os/Entertainment Liquor License Club On -Sale Intoxicating On --Sale Intoxicating Off -Sale Intoxicating Off -Sale Non -Intoxicating On -Sale Intoxicating- Znd Building On -Sale Non -Intoxicating $500,00 $100.00 l%ofvalue ofwork $60.00/un|t $100.00 $1'500�OO $200,00 $150.00 $750,00 $100,00 � | | Plus $E10Surcharge (State Mandated) Plus 1%ofValue. K4inimum$lOU.0U Plus $5.VOSurcharge (State Mandated) Minimum S100-00 Uptn]units, max fee $l8Ol0plus $5l0Surcharge (State Mandated) Up to 3 units or 196of total valuation, whichever is greater. Plus Surcharge (State Mandated) Fire Planning Administration Administration Administration Building Building Planning Planning Planning Planning Licensing Licensing Licensing Licensing Licensing Licensing Licensing y—'fw � Lake �| Schedule ,� � 2013 v~�^� ��/ �=m�u�� //�w�x� APPUCATON/FEE/PERN41T TYPE � On'Sa|e|nvesdgadon � � OnSa|eSunday Intoxicating ! Temporary Non -Intoxicating � Wine 'Lot Line Adjustment — .Manufactured Home Parks Fee � New ' Move home out ofthe city . Move home into the city �Massage Therapy Premises License | Application Fee ! Investigation Fee !Massage Therapy Practitioner Ucenso � Application Fee Investigation Fee Massage Therapy Premises License Renewal Massage Therapy Practitioner License Renewal Massage Therapy License Amendment Minor Subdivision / ! 2V13FEE $]5O.0O $200.00 $25.00 $300.00 B2S�OU $50,00 $25.00 g5[i0Q $25.00 $50.00 $52500 ESCROW ORADDITIONAL CHARGE Plus $lS0lO0Fee Escrow Plus $5/0Surcharge (St ateMandated) Plus $5.00 Surcharge (State Mandated) - DEPARTMENT |Licendng Licensing Licensing Licensing Planning Planning Planning Planning Bui|d)nQ ,Building | /Licensing Licensing Licensing Licensing Licensing |L)cendng Licens ing Licensing Licensing Planning / MovinHouse �5�O�OO |p|«s seouhmw/amnunttobedetermined bythe [�y - w/ecommendahonfrom building official Administration Moving Accessory Structure into City $305.00 'Plus security tobedetermined bythe City w/recnmmenclahnn |hombuilding official Administration Other Inspections and Fees ' Building Inspection outside ofbusiness hours _ $7O.0O(ZHr. Minimum) 'Building Re -inspection Fees Assessed $50.00per hour iDui|ding Inspections with no fee assigned $SO.00per hour Building Construction Escrow $5,000.00 ordetermined byBuilding Official |BuUding Cancelled Permits $25.00 |Building Work without -Pemoit see notes Investigative fee toequal permit fee �Building Park Dedication (up ,o]lots) $3'6000Uper lot Four o/more lots per §153.14 .Planning Parking Lots Engineering 4 |A|&' |-.'\k) APPU[AT|ON/FEE/PERWv|TTYPE New Commercial Existing Commercial Platting Sketch Concept (PUDnrOP) Phase Preliminary Plat (Development Stage) Final Plat (and Final Plan) ' Plumbing Residential Commercial Private Roads (Permitted only in4Grone) Restrictive Soils and Wetland Restoration Protection and Preservation Permit Retaining Walls over 4' Right -of -Way Permit Annual Registration Excavation Permit Joint Trench Permit (per lot per utility) Obstruction Permit Permit Extension Delay Penalty (per calendar day) Roofing SAC Charge (per RECunit) (Sewer Availability Charge) Scaled Aerial Drawing Sewer Connection Charge Sewer Lateral Benefit Charge Sewer Rate ZD1Off-Site Maintenance Fee Siding Signs �-^tm �| � �| Schedule ,� | �01�� ~~�°y ��/ ��m� u��K� �� //�m�/� �w�� | � | [ 2Vl3FEE $175.00 $200,00 $500.00 $1,250.00 $l'85O.00 $1,250.00 $60.00/unit $I5O�00 $800.00 $150.00 $200.00 $275.00+$.60/hoot $100,00 $276�0O $100.00 $25,00 $150,00 $5'935DO $15�O0 $300,00 $5'8OO,O0 $4.50/1'000Ga| $75.00/un|(/qua/ter $150.00 ESCROW ORADDITIONAL CHARGE 55O0Fee Escrow. Security Sl.5O0.00per acre with $l'50O.O0 $2'0UO�0OFee Escrow $5'000.00 Fee Escrow $8'0OOOOFee Escrow DEPARTMENT Engineering Engineering ,Planning | Planning Planning Planning (City will retain escrows toreimburse review costs for each stage ofdevelopment review) Planning | |Administration Upto3units, max fee $l8O00plus $5.O0Surcharge (State Mandated) Building Upto3units or23,'ooftotal valuation, whichever isgreater, Plus Surcharge (State Mandated) Building Engineering $1,5UO.0OFee Escrow Plus $5.00 State Surcharge $5'000.00Secuhty Plus $5I0State Surcharge Per REC Unit: $2,435.00 to Met Council; $3,500,00 to City Plus $5.0OState Surcharge Planning Building | /Engineering Engineering Engineering Engineering Engineering Engineering Engineering Building Engineering Planning _ Engineering Engineering Administration Administration Building 'Planning 5 APPLICATION/FEE/PERMIT TYPE Permanent Temporary Temporary Renewal Re -inspection Fee Site Plan Review Special Event Permit Sprinkler System (inspection Fee) Sprinkler System (Re'|nspecdonFee) Surface Water Residential Non -Residential (Commercial etcj Vacations (Streets o,Easements) Easements Streets Variance Video Reproduction Water Availability Charge (VVAC Water Equipment/Set up Meter + Connection Charge (3/4"orless) Driveway Curb Stop Lid Disconnect Service Reconnect Service Water Lateral Benefit Charge Water Usage Residential Quarterly Rate Residential Plus Rate per 1,0UOGallons Plus Rate for U'l5'OUOGallons Plus Rate for 15,VOl'3O,0DOGallons Plus Rate for 38'U0l-5O'O00Gallons Plus-Rate��/or�O'OOl'8O,O0OGaUons � Plus Rate for 8C\O0l+Gallons Water Usage /~'tw of Lake E| Schedule 2013 2U13FEE $180.00 $75.00 $25.00 $25.00 $980.00 $75.00 2%ofvalue $50.00 $50.00 $515.00 $515,00 $750.00 $35,00 $25.0OBase $2.l4 $2.86 $].77 $5�OO $6.63 ESCROW ORADDITIONAL CHARGE Utility rate factor per code $5OO.D0Fee Escrow $5OD.00Fee Escrow Additional fees apply to larger sized meters DEPARTMENT Planning Planning Planning Planning Planning Planning Fire Fire Administration Administration Administration Planning Planning Planning Planning P|anning Administration Engineering Administration Administration Administration Administration Administration Engineering Administration Administration Administration Administration Administration Administration Administration Administration Administration G APPLICATION/FEE/PERMIT TYPE Commercial Quarterly Rate Commercial ' Plus Rate Per 1,0O0Gallons Plus Rate for 0 15.000GaUons Plus Rate for 15,OUl 30\000GaUons Plus Rate for ]O'O0l 50,000GaUon Plus Rate for 5O,OOl 80,000GaUons Plus Rate for RqO01+Gallons Water Usage Hotel Motel Quarterly Rate Hotel Motel Plus Rate � Plus Rate for O'3[\OOOGallons Plus Rate for 30'OOl 50,000GoUons Plus Rate for 5lOO1+Gallons Water Usage Delinquent Accounts Bulk Water Purchase Water from Hydran� -- — -- Swimming Pool Fill Wind Generator Wireless Communication Permit Zoning Amendment (Text o,Map) ��'�� Lake �| Schedule ,� i 2013 ~~|~y K�/ ��m��/�� //��w�v�� 2013FE[ $l5I0Baso $311 | | $126 i $3.77 $5�OO $Z5.U0Base ESCROW ORADDITIONAL CHARGE For metered non -irrigation (domestic) consumption DEPARTMENT .Administration /Administmtion |Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration 6%per quarter Plus $25,00or8%,whi� chevergnoter, if�� needtoCounty for collection with taxes Administration Administration $6l.Z0lstIOOOGal Plus $3.26/additiona| 1,000QaUons Administration � $5I.20lst 5,000Ga| Plus $3.Z6per 1,OUOgallons and $15.00/hrlabor Administration $850,00 $2,O0U.00Fee Escrow Planning $500.00 $6,0OO.00Fee Escrow Planning $1'245.00 Planning Definition mfTerms ^aeEscro^x City w0maintain ofee escrow tocovcroil City review costs. Application fees include all vrofcoionp//eesand expenses incurred oythe [dp —Security: City wi// retain a security escrow to ensure completion of work as directed by the approved permitlopplication and compliance with the State Building Code and the City ofLake Elmo Accessory Bldg forward ofPrimary Structure Building Demolition Burning Permit Certificate o/Zoning Compliance Copy Services Contractor License Fees Excavating and Grading HVAC Lawn Sprinklers Lot Line Adjustment Manufactured Home Parks 2013 FEE SCHEDULE MODIFICATIONS SUMMARY (Y154�O92) Massage Therapy Premises License Massage Therapy Pmri|onerLicense Massage Therapy Premises License Renewal Massage Therapy Practitioner License Renewal Massage Therapy License Amendment Minor Subdivision Parking Lots Platting Plumbing Right of Way Permit fee changed vn52OOOOfrom $8O,0D fees changed from $lO5.001st 1,000sq. ft�+$ll.00/add1,0O0sq.8.\o$2UV.UOfor residential and 53OV.O0for commercial fee changed from $l00.00min, \ofee based nn#trucks mobilized section added w/three line items +fees City map 'colored item removed fees changed from $75.00tn$S0.00;fees added line item and fee added for more than 400 cubic yards; item in additional charge column added residential fee changed from $l5O.0Oio$§O.O0/unit,]units max residential addition fee item removed commercial fee changes from 1%/$175.00 min. to $60.00/unit, up to 3 or 1% (whichever greater) removed fee changed tn$3Z5.00from $310DU moving home out ofthe city fee changed to$2DO00 from$10O.00 moving home into the city fee changed tn5200.0Ufrom $15O.00 item and fee added item and fee added item and fee added item and fee added item and fee added fee changed to$S2S.00from g5OO.00 existing commercial lot fee changed Lo$2OO.O0from $lOO.00 escrow and additional charges items added sketch added asseparate item, fee added escrow fees added residential fee changed from $l5O.00to$6O.0O/unk,3units max residential addition fee item removed commercial fee changes from l%/$175.0Omin. to$60.0O/unit'uptn3n/1%(whichever greater) annual registration fee changed to $200.00 from $100.00 w/ a $5,000.00 security excavation permit fee changed to5Z75.O8+$.60/ftfrom flat $230.00 joint trench permit item and fee added obstruction permit item and fee added additional excavation, trench fee, overhead installation fee and new subdivision items removed Retaining Walls hem and fee added Roofing item and fee added SAC Charge fee changed to$5'935.O0from $5'730.00 Siding item and fee added Signs re -inspect fee added Scaled Aerial Drawing item and fee added Sewer Connection Charge item and fee added Sewer Lateral Benefit Charge item and fee added Water Lateral Benefit Charge item and fee added Wetland Treatment removed (two items: hookup toexisting system, a|\erabnn/repair) K E FLM() MAYOR AND COUNCIL COMMUNICATION DATE: December 4, 2012 CONSENT ITEM #: 9 MOTION AGENDA ITEM: 2012 Street & Water Quality Improvements — Pay Request No. 4 SUBMITTED BY: Ryan Stempski. Assistant City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Pay Request No. 4 for the 2012 Street & Water Quality Improvements. STAFF REPORT: Hardrives, Inc., the Contractor for the project. has submitted Partial Pay Estimate No. 4 in the amount of $23,949.38. This request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed. The amount retained is $39,802.05. The total value of the work completed to date is $796,040.95 of the revised contract amount of 5861,634.79, or 93°A. The project is nearing, final pay quantities indicating that the project will finish under budget once a compensating change order is processed. RECOMMENDATION: Staff is recommending that the City Council consider approving Pay Request No. 4 for the 2012 Street & Water Quality Improvements, as part of the Consent Agenda, in the amount of $23,949.38. ATTACHMENTS: . Partial Pay Estimate No. 4 PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 4 2012STREET AND WATER QUALITY IMPROVEMENTS PERIOD OFESTIMATE ENGINEERING, inc, PROJECT NO. 2012.123 FROM 11/1/2012 TO 11/26/2012 PROJECT OWNER: CONTRACTOR: CITY OFLAKE ELKUO MARDR|VES, INC. 38O0LAVERNEAVENUE NORTH l4475QU|RAN1DRIVE � LAKE ELMO.xANSSD4Z ROGERS'MN5S37u ATTN: JACK GRIFFIN, P.E., CITY ENGINEER ATTN: MIKE LEUER, DIVISION MANAGER CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY No. Approval Amount l.Original Contract Amount 5848'736�79 Daze Additions Deductions 2�Net Change Order Sum $11'898.00 I 10/I5/2012 $II'898.00 3.Revised Contract (l+2) $861.634�79 4.*Work Completed 5796.040.95 5. ~Stored Materials 50.80 6. Subtotal (4+5) g796'040�95 7.Retainage- $39'802.05 8. Previous Payments S732'289.52 TOTALS 5II'898.00 $0,00 8.Amount Due (5'7'8) $23,949.38 NET[HANGE 51I'89&00 | 'Detailed Breo*downAttached CONTRACT TIME � START DATE: 7/17/2017 ORIGINAL DAYS 94 ON SCHEDULE � SUBSTANTIAL COMPLETION: 10/19/201I REVISED DAYS V YES FINAL COMPLETION: 11/30/2012 REMAINING '38 NO - ENGINEER'S CERTIFICATION: The undersigned certifies that the work has been reviewed and to the best oftheir knowledge and belief, the quantitiesshown inthis estimate are correct and the work has been performed inaccordance with the contract documents. CONTRACTOR'S CERTIFICATION: The undersigned Contractor certifies that uzthe best ofthejjr knmw|edge, information and belief the work covered by this payment estimate � ma��as been completed in the cvn�p� documents, that all amounts have been paid bythe contractor for work for which previous payment estimates was issued and payments received from the owner, and that current Payment shown herein is now due. APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA FOCUS Engineering, inc, rmo/mssn CONTRACTOR BY BY BY � o»Ts DATE FOCUS Engineering, inc- PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO, 4 2012 STREET AND WATER QUALITY IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2012,123 c3:37C,A:c71013 03 PAT T32.2 I 7 V:3353E333% ; -51,523..C303,333.27 $51 F.53.33 .37773:02:01- TFE5 F.5..203.5 352-535 .v.2 3.3.3,3353, 2.2533303 S573.585533-351331.1.353.3.73 SiCCE Sa.730.13 3.1.83233033 AND CCo.CRETE 2535.5.23.5':537 0351.73 Pa MOVE 31.3333.0553 0.32.3753E73 CO1115 EV32 7.21,1313553 :3 355:20335. 5E3 3:333355.3.3 X:37..38. 3333.51 E 085 37.23O31. 3 5 5.2080835.2.1.3 DISPOSE OF EX53113 :3E5:3113.15 :2 SE01.2255-33 33.51,O.3.3 703 733:33.E0 5,73.331 5E35E3. Ca.:51E5P 35.3.35333 AEA RE:E5355: P.53.533 73 SA37335337 CCRRECTO0'. :5 3.1331.0.27.3. 3333533.500E 03533 3AOTTREGACE 5433 SELECT 7135.35153333.3.32375. :6 HEFT.. :CUT 1.7FF-355 3'.3311.23.3 3,5333 0353:E230 23553E1153 ROV 53E5 E3...5.1.72 5873.3.55 33333,25:53 7.5 5E3 35325 3557e 8573 2: 533835235 33585.15.113,. OE REFL-51532ED 53313EFE 503333285 .3.E5AR:53.0'. FOP 3.3.333`,31 33,5 :3 3.75.35 5 Pa. 51.02-23.2 23,23' 25 :13 5.1533 30,3,303:353:33v3i. Ta :7 103393"5 33.553.3 5E:3 5533.00E 3T:71 5,55535., r,FE 502 5 52-32.53-4 455,338- 14TCH 3,15.3, 5365 -205 3-35.77.T3 15.6TiE 33 31. 3.3. 351E53 333.3: l' 555355 72563 23;132 S55.5333E1R-32.552-5 153.73, 5535, 33E25 oepa 5T0-3 5,35 2-3570..3.3 C533073 E 355 523.53 32.135 0 515E25 'T2PE 530.5 3...111. 5355,37-T53.2313.57 111 3' 0.3 3.53.25, 15..i -503 ..1375 D. 115T, 5' 17.138.5'.25 .5:23: 0 532. 33.3 505 .33:23i 3.3227.73 575.30",33 323 .3343E3.. 137.5.3 75:Ex. 5:33 353.12.7 „ 5E8 3..F5. cry.c.s.E-E 5335 .1.321 .31.57237531 . 35, 5325 C0E333711 003.5ADGOTTER 245 75:a TCEZPETE 53.: 55 53,.: C-35TTEF 37 103,331573 0535 C53. 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EEO GL.CO34 .33 57: SF. 5.1253 TOTALS - CHANGE ORDER NO. 1 TOTALS - REVISED CONTRACT Sl0,8913.00 S861,634,79 511,838.330 525209.88 5796,04035 ATY A NE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: December 4, 2012 CONSENT ITEM #: 10 MOTION Minnesota Cities Stormwater Coalition — Approve City Mernbership Jack Griffin, City Engineer Dean A. Zuleger, City Administrator Cathy Bendel, Finance Director Kvle Klatt, Planning Director Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REOUESTED: The city council is respectfully requested to consider approving City membership to the Minnesota Cities Stonnwater Coalition (MCSC). STAFF REPORT: MCSC was formed in 2006 as a subset of the League of Minnesota Cities (LMC) to support cities in meeting. the Municipal Separate Ston-n Sewer System (MS4) permit requirements. The mission of MCSC is to work closely with the Minnesota Pollution Control Agency and other regulators and policymakers to help ensure that adopted regulations are reasonable and effective. In the past year, MCSC has advocated for MS4 cities on significant issues. The MPCA issued two drafts of the new MS4 General Permit, each draft being amended significantly in the favor of cities after 'MCSC retained specialized legal counsel. The MPCA also issued two large-scale TMDLs for turbidity and total suspended solids which will result in $lbillion in estimated costs from more than 150 MS4 cities to meet the load reduction requirements. MCSC submitted substantial comments on the TMDL. studies indicating that the burden for MS4 cities is too large. MCSC has also organized an effort to get stakeholder input from MS4 cities across the United States into the new USEPA Federal Stonnwater rulemaking process. As a stakeholder MS4 city. Lake Elmo would support these continued efforts and have an. opportunity for a more active participation. Membership dues are based on population. The annual dues for Lake Elmo will be 5620 (see attached Annual Fee Rate Schedule). RECOMMENDATION: Staff is reconunending, that the city council approve, as part of the Consent Agenda, membership for the City of Lake Elmo to the Minnesota Cities Stormwater Coalition (MCSC). ATTACHMENTS: 1. League of Minnesota Cities solicitation Letter 2. MCSC Member Cities as of September 2012 1 Annual Fee Rate Schedule 7AGUE OF MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 To: 1VIS4 permitted cities that are not currently members of MCSC From: Jim Hafner, MCSC Steering. Committee Chair and Kevin Frazell. Director of Member Services, LMC Date: November 7, 2012 Re: Membership in the Minnesota Cities Stormwater Coalition (MCSC) As a city required to comply with the Municipal Separate Storm Sewer System (MS4) pemnt, you know that stormwater regulations can be complex and daunting. The Minnesota Cities Stormwater Coalition (MCSC). formed in 2006 as a subset of the League of Minnesota Cities (LMC), exists to support cities in meeting the permit requirements. We also work closely with the MPCA and other regulators and policymakers to help ensure that adopted regulations are reasonable and effective. Our almost 100 existing members tell us that the MCSC dues pay for themselves many times over in the form of improved regulations, more reasonable state -level policies, and connections with other stormwater managers across the state. We are v,Titing. today to strongly encourage Your membership and active participation in the MCSC. As a stakeholder MS4 city. Your membership. contribution. and input are critical to creatinc.., successful outcomes for all regulated cities. This past year has included significant challenges for MCSC and all regulated MS4 cities. The MPCA issued two drafts of the new MS4 General Permit. The MPCA also issued two large-scale TMDLs (South Metro Mississippi River 8.: Minnesota River) for turbidity and total suspended solids. The estimated cost included in these TMDLs for more than 150 MS4 cities to meet the TMDL required load reductions is more than $1 billion. Finally. USEPA is moving toward issuing a new federal stormwater rule that vill include site -level performance goals based on stormwater volume control and retrofit requirements for many MS4 cities. MCSC has stepped up to work for all MS4 cities on these challenges. We hired specialized legal counsel, Nancy Burke of Gray. Plant. and Mooty, to help us review and comment on the draft permit. In 2011, we submitted 72 pages of formal comments and a contested case hearing petition on the first draft of the new MS4 General Permit.. In response. the MPCA decided to make sufficient changes to the draft permit that a new public notice was needed. The second draft of the new MS4 General Permit was issued this summer. MCSC submitted another significant set of comments and a second contested case hearing petition. We are waiting for the MPCA's response. MCSC also submitted a substantial set of formal comments on the large TMDLs that may be such a burden for MS4 cities throughout Minnesota. More than four months later. we are still waiting for the MPCA's response. MCSC has also organized an effort to get stakeholder input from MS4 cities across the C.S. into the new federal stormwater rulemaking process. We currently have 51 people from 20 states involved in this initiative. Some of MCSC's other recent accomplishments and services are: • Periodic E-mail distributions on subjects of immediate concern and interest to MS4 cities. such as the MS4 auditing program and stormwater pond dredging 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAX: (651) 281-1299 ST. PAUL, iv1N 55103-2044 TOL1. FREE: 800) 925-1122 WEB: wwva.s.)c.or.G Membership in the Minnesota Cities Stormwater Coalition (MCSC) November 7, 2012 Page 2 • Advocacy and information to members on s...,rants under the Legacy Amendment, 319. BWSR, DNR, MPCA, PFA, Great Lakes Restoration Initiative. and other funding programs • Representation and advocacy of MS4 cities' concerns and interests at the State level including: o Antidegradation rulemaking o Development of Minimum Impact Design Standards (MIDS) o Protocols for stakeholder participation in TMDLs o Supporting funding for urban stormwater research with th,. MN Clean Water Council o Meetings and access to high-level MPCA regulatory staff o Lake Pepin TMDL MS4 Stakeholder Advisory Group o Participation in MN Stormwater Steering Committee With the MPCA currently in the final stages of updating the MS4 permit, the year ahead poses especially significant challenges. The draft permit, as originally released, would add new requirements and have substantial financial implications for regulated cities such as yours. In our formal comments, we pointed out numerous places in which the permit exceeds statutory authority and filed two requests for a contested case hearing. Should our participation in this administrative review process fail to achieve necessary changes, 1.ve are prepared to seriously consider litigation. However. to provide this proactive service and protect your city. we need the membership and active participation of all affected cities. including. -yours. For the upcoming year, we vill continue to communicate with MPCA and work closely with the MCSC members as the new MS4 Permit is finalized & implemented. municipal storrnwater programs are audited, and new TMDLs across the state are completed. As a MCSC member you will receive: o Guidance in how to comply with the new MS4 permit requirements and write a Stormwater Pollution Prevention Program (SWPPP) o Advice on how to prepare for an MS4 audit o Information on grant and other funding opportunities o Guidance on participation in TMDL development and compliance • Representation in the shaping of pending regulations at the state and federal level • ...and much more. The dues schedule, along with a list of the current members, is enclosed. Your participation is vitally important to keep this work moving forward and we're looking forward to working with you. Please contact us directly for more information. If you would like to be invoiced for a membership, please send an e-mail to kfrazell.Ftlinc.org. Thank you, Jim Hafner, MSCS Chair Storrnwater Manager, City of Blaine 763-785-6188 Kevin Frazell LMC Director of Member Services 651-281-1215 kfrazelralinc.org. Albert Lee Alexandria Andover Anoka Apple Valley Arden Hills Blaine Bloomington Brainerd Brooklyn Center Brooklyn Park Buffalo Burnsville Cambridge Centerville Champlin Chanhassen Chaska Columbia Heights Coon Rapids Cottage Grove Crystal Deephaven Detroit Lakes Duluth Eagan East Grand Forks Eden Prairie Elk River Empire Township Excelsior Fairmont CSC ember Cities September 2012 Falcon Heights Faribault Farmington Fergus Falls Forest Lake Fridley Golden Valley Ham Lake Hastings Hermantown Hibbing Hutchinson Independence Inver Grove Heights La Crescent Lakeville Lauderdale Lilydale Lino Lakes Loretto Mahtomedi Mankato Maple Grove Maplewood Medina Mendota Heights Minneapolis Minnetonka Monticello Moorhead Mounds View New Brighton New Hope New Ulm North Mankato Oakdale Owatonna Plymouth Prior Lake Red Wing Redwood Falls Richfield Rochester Roseville Sartell Savage Shoreview South St. Paul St. Cloud St. Louis Park St. Paul St. Peter Stillwater Tonka Bay Victoria Waite Park Waseca Wayzata West St. Paul White Bear Lake White Bear Township Willmar Winona Woodbury Annual Fee Rate Schedule Population Range ©Id Annual Fee New Annual Fee 0 - 3,000 $375 $410 3,001 - 6,000 $470 $515 6,001 - 10,000 $565 $620 10,001 - 20,000 $690 $760 20,001 - 30,000 $875 $955 30,001 - 50,000 $1,125 $1,240 50,001 - 100,000 $1,625 $1,790 St. Paul $4,500 $4,950 Minneapolis $5,500 $6,050 TI IF_ CITY C)1.T: LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: December 4, 202 CONSENT ITEM #: MOTION AGENDA ITEM: FTE Parks Maintenance Operator SUBMITTED BY: Michael Bouthilet THROUGH: Dean Zulei4er REVIEWED BY: Cathy Bendel SUMMARY AND ACTION REQUESTED: In an effort to place more emphasis on park maintenance and improvements, the Public Works Department is requesting adding a full time employee with an emphasis on park duties. BACKGROUND INFORMATION: It has been recognized the Public Works Department has a broad and expansive work load. It is believed that an additional employee in the department. with a primary mission to upgrade the parks. would be a valuable asset. STAFF REPORT: The staff reviewed 85 applicants. After an initial review. 13 applicants were brought into the Public Works facility for a preliminary interview. This consisted of a more detailed questionnaire and quiz to clarify their experience in parks, equipment operation, and overall public works training and experience. 5 applicants from the pre -interviews were then interviewed in a more formal environment by the staff at City 1-lall. Unanimously the staff believed Mike Bodlovick was the best applicant for the position. He currently works for the City of Lakeland and has experience in park maintenance and all other aspects of public works operations. In addition he currently has his water supply operator license. commercial drivers' license, and is an experienced snow plow operator. RECOMMENDATION: To hire Mike Bodlovick as a FTE (base). rks Maintenance Operator at a rate of S18 per hour LikKE ELM() DATE: December 4, 2012 CONSENT ITEM #: 1 $ MOTION AGENDA ITEM: 2013 Animal Humane Society Impound Contract SUBMITTED BY: Dean Zuleger, City Administrator THROUGH: Mayor Dean Johnston REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: Approve a contract for impounding and care of stray dogs and domesticated cats at the Woodbury Animal Humane Society. BACKGROUND INFORMATION: The City of Lake Elmo has agreements in place with the Animal Humane Society (Woodbury) to house stray animals per the State of MN Statutes. This an-angement also includes certain criteria for holding, euthanasia, animal recovery and rabies protocol. STAFF REPORT: With respect to animal control, the City of Lake Elmo staff has worked closely with the Animal Humane Society to create and integrated and human treatment of stray animals —including the feed and car of strays. The Animal Humane Society has drafted an agreement that has incorporated some cost recovery in the system (upon request) and clearly delineated the responsibility- of each party in a manner that reduces costs and results in a better treatment of the animal. The agreement is for one year only as the City of Lake Elmo is expected to modify its Animal Ordinances to make the collection and impound of animals a revenue neutral program. RECOMMENDATION: Based on the aforementioned information, the City Staff recommends the following action: Approval of the One —Year Letter of Understanding Between the Animal Humane Society and the city of Lake Elmo for Impound Housing Services. ATTACHMENTS: LOU for Impound Housing Services with the Animal Humane Society SUGGESTED 0 ER OF BUSINESS: - Introduction of Item ....... ..... ........ ..... ...... ......... City Administrator City Council Meeting [Consent Agenda Item JIJ December 4. 2012 Report/Presentation........ ........ ..................... ...... . Questions from Council to Staff.. ....... ........... ..... ............. Public input. if Appropriate ............ Call for Motion .................. ........ ..... .......... ..... ...... Discussion..... ..... .......................... ......... . ...... ....... Action on Motion ........................... .............. ........ ..... ....... Administrator ....... Mayor Facilitates ....... Mayor Facilitates Mayor & City Council Mayor & City Council ....... Mayor Facilitates page anima:. humane society November 20, 2012 City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Dear City Administrator, The Animal Humane Society (AHS) would like to start renewing our signed impound contracts annually. By making it a more streamlined and predictable process, we feel that we can better serve you, our customer. Here is your municipal impound contract with Animal Humane Society (AHS) for 2013. Nothing has changed from the last contract except for the date. Please have the municipality's authority sign both copies and return them to me. I will have the AHS president/CEO sign them and then return one to you. If you have questions, please feel free to call or email me at (651) 788-4675 or smcdonaldanimalhumanesocietv.orq. Thank you and I hope you are having a safe and happy holiday season! Sincerely, Stacy McDonald Site Manager- Woodbury location Animal Humane Society EJLiffaic 1.1.-t",apith., C-1-xck,n ro:si WoociL•ur, 7& 52.4:1125 vivoiv.ariftrrathiFnane,r).:icly.org animal_ humane society Animal Humane Society and City of Lake Elmo, MN Letter of Understanding for Impound Housing Services 2013 The Animal Humane Society (AHS) agrees to provide the following services: a. Housing for stray or abandoned animals that are retrieved or legally seized by your municipality's community service officer (CSO) or animal control officer (ACO), or for stray animals that are brought into the shelter by a citizen and verbal permission is given by your agency via phone for intake. Housing includes kennel space, daily cleaning, food and water. b. Medical care in the form of vaccination following our standard vaccination protocols, as well as treatments for sick or injured animals impounded during regular business hours. c. Euthanasia services as deemed necessary by an Al -IS veterinarian. These services may be provided at the end of the legally required holding period or in the case of a medical situation that requires immediate euthanasia. d. Adoption services as deemed appropriate by AHS veterinary staff The animals will be evaluated for these services at the end of the legally required holding period. e. Euthanasia services and body disposal as deemed appropriate by AHS veterinary staff The animals will be evaluated for these services at the end of the legally required holding period. f Provide animal rabies quarantine or diagnostic service for stray felines or canines that have bitten a person. g Hold animal for the legally required stray holding period: 5 days in MN, 7 Days in WI or until reclaimed by owner within this holding period. h. Charge a reclaim fee of 525 on behalf of the City of Lake Elmo, which will then be credited to the quarterly invoice. Invoices ending in a balance credit will be paid out at the end of each billing cycle rather than rolling over into the next quarter. AHS expectations: a. The AHS is not responsible for sick or injured animals that are left after hours. Outside treatment m-ust be sought for these animals by the animal control officer or conu-nunity service officer prior to leaving the animals at the AHS facility when veterinary staff members are not on duty. b. Al -IS has the sole authority to disposition all animals that have not been reclaimed upon the expiration of the legally designated holding period. c. AHS will not accept feral cats seized under municipal authority by your municipality's CSO or ACO. 3. The Citv of Lake Elmo agrees to: E'ufiaL, Cour: WocidoLlry phone 7(54:, a. Adhere to the drop off procedure set forth by the AHS including animal housing at the shelter and paperwork. Drop off procedures and paperwork training for community service or animal control officers will be provided. b. Adhere to state laws and local ordinances that apply to the handling of stray or abandoned animals and the seizure and return of animals to their owners. c. Direct citizens where to take stray animals when not receiving permission for impoundment at the AHS. d. Seek care for injured or sick animals prior to drop off in the event that it is after hours and/or AHS veterinary staff is not on duty. e. Pay the designated fees for each animal cared for from your municipality. AHS will charge a standard stray holding fee of $130 per canine or feline and a $40 fee per "other" domestic animals (rabbits. guinea pigs. birds etc.) not reclaimed by its owner. AHS will charge a $10 administrative/processing fee to the municipality for each animal reclaimed by its owner in place of the stray holding fee. In these instances AHS will charge the owner reclaim fees. Fees for animals seized by the municipality (such as rabies quarantine) may vary due to the differing nature of their holding periods and services required. f Adhere to building access rules and ensure that the service access door is closed and locked after use in an after hours drop off. g Ensure that the municipality's CSO/ACO uses his/her discretion in the field as to whether or not to impound an animal. AHS is not responsible for those decisions. h. Be available to members ofyour community to resolve their concerns related to the actions of your ACO/CSO officers and your municipality's procedures. policies and requirements. i. Release AHS from all liability of claims resulting from or related to providing impound housing services. The City of Lake Elmo accepts responsibility for the CSO/ACO while in the course of impounding animals at AHS. 4. Administration a. AHS will bill the municipality at the end of each quarter on a fiscal calendar year. Billing will be mailed in the first month following the end of the quarter. Payment is expected within 30 days of receipt of billing. b. AHS will assign a contact person who should be contacted in the event of any problems. concerns or to receive feedback regarding the program. c. Any billing disputes must be raised within 10 days of receipt ofbi!ling. This agreement is based on a one year C0117171ifinellt, which is renewed annually the (late your administrator signs the agreement below, This agreement can be ended at anytime by either party with a 30 day notice. This agreement is entered into on the day of , 2012 by Janelle Dixon. President 8.: CEO Signed on behalf of Municipal Authority Animal Humane Society Printed Name and Title Ti 1E ( :ITV OF LAKE E MAYOR AND COUNCIL COMMUNICATION DATE: 12/40012 CONSENT ITEM #: 13 MOTION AGENDA ITEM: RESOLUTION 2012-63 ADOPTING WASHINGTON COUNTY ALL - HAZARD MITIGATION PLAN SUBMITTED BY: Chief Greg Malmquist THROUGH: City Clerk Adam Bell SUMMARY AND ACTION REQUESTED: City Council is being asked to adopt, by resolution, the Washington County all -Hazard Mitigation Plan. STAFF REPORT: This plan is updated periodically by the County with cooperation from local jurisdictions. It is then reviewed and approved by State HSEM (Homeland Security and Emergency Management) and FEMA (Federal Emergency Management Agency). Upon completion, local jurisdictions, will adopt and operate under the County plan. The plan addresses items such as Community Profile, Risk/Vulnerability Assessment, Hazard Analysis. Goals/Objectives/Strategies, Current/Complete Mitigation Projects, etc. It looks at how these hazards would impact the community during events such as flooding, tornadoes, windstorms, thunderstorms, blizzards, hazardous spills, water contamination as well as others. It also identifies risks and hazards that could be mitigated and what the communities are doing to address these. RECOMMENDATION: Staff recommends the City Council adopt Resolution 2012-63 L\KE ELVIO y 4. DATE: December 4, 2012 CONSENT ITEM #: 14 MOTION AGENDA ITEM: 2013-2104 Washington County Septic Agreement SUBMITTED BY: Dean Zuleger, City Administrator THROUGH: Mayor Dean Johnston REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REOUESTED: Approve a contract with Washington County for the Inspection of Private Septic Systems for FY 2013-20l 4. BACKGROUND INFORMATION: To better serve its taxpayer and reduce costs. the City of Lake Elmo has contracted with Washington County for septic system inspections. This agreement allows for one -stop permit approval process for the taxpayer installing / modifying a private septic service. STAFF REPORT: The City Administrator has evaluated this contract based on service delivery, cost to the City and cost to the taxpayer. The agreement reduces time and material to the City by an average of 525,000-527,000 per year and places the certification process in the hands of the technical experts of Washington County. Experientially, the lines of communication and troubleshooting efforts between the City of Lake Elmo and Washington County are very good and result in efficient turnaround service for our taxpayers. RECOMMENDATION: Based on the aforementioned information, the City Staff recommends the following action: Approval of the Two -Year Letter of Understanding Between the City of Lake Elmo and Washington County for Private Septic System Inspections. ATTACHMENTS: Washington County Septic Inspection Agreement SUGGESTED ORDER OF BUSINESS: Introduction of Item ............ ...... ....... .............. .......... City Administrator Report/Presentation....... .......... . ...... ............ ..... .......City Administrator Questions from Council to Staff.... .................. ............ ...... Mayor Facilitates -- page City Council Meeting /Consent Agenda item 3] .December 4. 2012 Public Input. if Appropriate ...... ......... ......... ................... Call for Motion Discussion ....... ..... ...... ....... ...... . ...... Action on Motion ....... ............................... ....... ........ ........ ....... Mayor Facilitates Mayor & City Council Mayor & City Council ....... Mayor Facilitates -- page Agreement for Subsurface Sewage Treatment System Inspection Services This agreement is made and entered into, by and between the County of Washington (hereinafter referred to as the County) and the City of Lake Elmo (hereinafter referred to as the City). I. WITNESSETH WHEREAS, the City wishes to contract with the County to perform subsurface sewage treatment system (SSTS) inspection services within the City's boundaries; and WHEREAS, the City adopted an Subsurface Sewage Treatment System Regulations Ordinance. hereinafter SSTSRO, regulating subsurface sewage treatment systems which is consistent with or more restrictive than the County's Subsurface Sewage Treatment System Regulations Ordinance 4179 (Washington County Development Code Chapter 4), which applies to all areas ofthe City; and WHEREAS. the County agrees to provide subsurface sewage treatment system inspection services under the terns and conditions hereinafter set forth; and WHEREAS, this contract is authorized under Section 471.59 of the Minnesota Statutes. NOW THEREFORE, it is mutually agreed between the County and City as follows: II. SCOPE OF SERVICES County's Responsibilities The County agrees to provide, through its Department of Public Health and Environment, subsurface sewage treatment system inspection services for the City. The County shall provide a Qualified Employee( ), as described in Minn. Rule 7083.1010 and 7083.0020 subp 17. The standards of performance, method of providing subsurface sewage treatment system inspection services. and other matters incident to the performance of services under this Agreement, including personnel to he employed. shall be determined by the County. The City shall be notified in advance of any proposed changes in standards of performance or methods of providing services. The County shall provide the necessary SSTS application review and sewage system plan approval as required by laws. regulations and ordinances, provide all job site inspections of projects under permit, and conduct special inspections as deemed necessary to ensure compliance with the SSTSRO. Services shall include clerical support incidental to the performance of this agreement, 4. The County shall provide and issue all sewage permits as required by the SSTSRO. existing, laws or regulations and shall maintain records of all such permits. If the City requests a copy of a granted permit, the County shall provide a copy to the City within 5 (five) working days. 5. The County shall send a copy of the County's issuance of a certificate of compliance of the sewage system's completion to the City within 10 (ten) working days of the County granting the certificate. 6. In the event of a violation or threatened violation of the SSTSRO or sewage permit the County may pursue the administrative issuance of stop work orders on the installation of the septic system, and/or issue corrective orders, and/or issue notices of non-compliance. 7. The County shall advise the City if a misdemeanor citation is warranted for any violation of a sewage permit or SSTSRO. The County may request appropriate actions or proceedings be brought by the City, to prevent, restrain, correct or abate violations or threatened violations of a sewage permit or SSTSRO. 9. The County will cooperate with the City's officials and/or employees in fulfiuing its obligations under this Agreement. City's Responsibilities: In areas not served by municipal sewer, the City shall not issue a building p nnit for new dwelling construction and/or for the addition of bedrooms until the County has issued a sewage permit for the new construction and/or addition of bedrooms. The City shall act on all applications for special permits and SSTSRO variance requests. Upon request from the County the City shall issue a stop work order on projects commencing construction prior to the issuance of a sewage permit. 4. The City is responsible for commencing appropriate actions or proceedings to prevent, restrain, correct or abate violations or threatened violations of a sewage permit or SSTSRO and shall represent the County during appeals of the administrative remedies issued by the County. The City may issue misdemeanor citations for violations of the SSTSRO or sewage permit, 6. The City shall not issue a certificate of occupancy for new construction or the addition of bedrooms prior to receipt of the County's certificate of compliance. 7. The City, and its agents and employees, will cooperate and assist the County in the performance of this Agreement. In the event of County SSTS Ordinance revision, the City may adopt a revised SSTS Ordinance which is consistent with or more restrictive than the County's revised SSTS Ordinance no more than 12 (twelve) months after the County revised SSTS Ordinance has been adopted. III. SCHEDULE OF FEES AND CHARGES The County shall establish the schedule of fees for its subsurface sewage treatment system inspection services. The septic permit application and installation fees shall be in accordance with the fee schedule adopted annually by the Washington County Board of Commissioners. The County shall collect, receipt for, disburse, and maintain records for all fees and charges collected incident to the administration of subsurface sewage treatment system inspection and permit services contained herein. Fees and charges shall be due and payable by the applicant upon issuance of the permit and will be collected by the County from the applicant for said permit. The City agrees that in payment for the subsurface sewage treatment system inspection and permit services provided by the County that the County shall retain, out of the fees and charges collected incident to this service, an amount equal to one hundred percent (100%) of all SSTS permit fees. 4. The City shall not assume any liability for the direct payment of any salary. wage, or other compensation to any County employee performing, subsurface sewage treatment system inspection services pursuant to this agreement. IV. GENERAL TERMS AND CONDITIONS Data Privacy All data collected, created, received, maintained or disseminated for any purposes by the activities of the County because of this Agreement is governed by the Minnesota Government Data Practices Act. Minnesota Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal Regulations on data privacy. including but not limited to. the Health Insurance Portability and Accountability Act (HIPAA) where it applies. The City and County agree to abide by these statutes. rules and regulations and as they may be amended, Indemnity Clause The City agrees that it will indemnify and hold harmless the County. its officers and employees. against any and all liability, loss, costs. damages and expenses which the County, its officers or employees may hereafter sustain, incur, or he required to pay arising out of the City's negliEzent performance or failure to adequately perform its obligations pursuant to this Agreement. The County atrrees that it will indemnify and hold harmless the City, its officers and employees, against any and all liability, loss, costs, damages and expenses which the City. its officers or employees may hereafter sustain, incur, or he required to pay arising out of the County's negligent performance or failure to adequately perform its obligations pursuant to this Agreement. Insurance The City further agrees that in order to protect itself, as well as the County, under the indemnifications provisions set forth above that it shall at all times during the terms of this Agreement. provide maximum tort liability limits as set forth in Minnesota Statute, Sections 3.736 and 466.04. This provision shall be set as a condition subsequent: failure to abide by this provision shall be deemed a substantial breach of contract. The County further agrees that in order to protect itself, as well as the City, under the indemnifications provisions set forth above that it shall at all times during the terms of this Agreement, provide maximum tort liability limits as set forth in Minnesota Statute, Section 466.04. This provision shall be set as a condition subsequent: failure to abide by this provision shall he deemed a substantial breach of contract. Records — Availability and Retention 4. Pursuant to Minnesota Statute 16C.05, Subd 5., the County/City agrees that the County/City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary. shall have access to and the right to examine. audit, excerpt, and transcribe any books, documents, papers, records, etc. which are pertinent to the accounting practices and procedures of the County/City and involve transactions relating to this agreement. The County/City agrees to maintain these records for a period of six years from the date of termination of this Agreement and make available as requested. Nondiscrimination 5. The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part ofthis Agreement as iffully set forth herein, and shall be part of any Agreement entered into by the parties with any contractor, subcontractor, or material suppliers. Merer and Modification 6. It is understood and agreed that the entire Agreement between the parties is contained here and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. 4 Any material alterations, variations, modifications. or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment and signed by the parties. Severability 7. Every section. provision or part of this Agreement is declared severable from every other section. provision or part thereof to the extent that if any sections, provision or part of this Agreement shall be held invalid by a court of competent jurisdiction. it shall not invalidate any other section. provision or part thereof. V. TERM AND EFFECTIVE DATE The effective date of this agreement shall be January 1. 2013. notwithstanding the date of the simatures below. This agreement shall run until December 31. 2014, at which time it will automatically terminate unless it is renewed by official action of both the City' and the County prior to the termination date. Notice of either the City's intent or the County's intent not to renew the agreement should be given to the other party ninety (90) days in advance of the December 31. 20 l 4, termination date. kNE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: Library Board Expansion Dean Zuleger, City Administrator Mayor Dean A. Johnston Dean Zuleger, City Administrator DATE: December 4, 2012 REGULAR ITEM #: 17 MOTION SUMMARY AND ACTION REQUESTED: The City Council is asked to entertain a discussion and possible action of appointing two more regular members and one alternate to the City of Lake Elmo Library Board. BACKGROUND INFORMATION: The Lake Elmo Library Board has recently completed a Planning Retreat, and has put forth a set of goals and objectives that will make up its Plan of Work. Within this plan of work is an expansion of the Library Board from (5) to (7) members and (2) alternates to share the workload and to create a formal committee structure. (5) Committees will be established: facilities, Collection, Personnel, Finance and Outreach — with a Board Member chairing each committee. STAFF REPORT: As part of the Library Board Nominating Committee process, Ms. Marjorie Williams and Ms. Renee Murray were recommended for appointment to the regular Library Board and Ms. Anne Bucheck was recommended as an Alternate, if the Board chose to amend its By -Laws and expand to a (7) member Board. This Board make-up is consistent with the currently practice of the Planning Commission and the Parks Commission. On November 281h, the Lake Elmo City Library Board modified their By -Laws to expand to (7) regular Board Members and (2) alternates. RECOMMENDATION: Based upon the background information presented, the Nominating Committee recommends and the Mayor affirms through his appointment powers that the City of Lake Elmo City Council: Appoint Marjorie Williams to a regular 2 Year -Appointment to the Lake Elmo Library Board and Appoint Renee Murray to a regular 1--Year Appointment to the Lake Elmo Library Board. Further, to appoint Anne Bucheck to a Three -Year Term as an Alternate to the Library Board. Citv Council Meeting [Regular- Agenda Item 1-1.5] November 30111, 2012 SUGGESTED 0 ER 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 Administrator ....... Mayor Facilitates ..... Mayor Facilitates Mayor & City Council Mayor & City Council . ...... Mayor Facilitates -- page 2 -- UNION PACIFIC RAILROAD 1o1mWacker Dr. Suite mm cacuoo,m^oi, 60606 p 312/7 72002 r 3/27772020 ` The,Hon6rable Ores 294 N. Third Street Bayport, MN 5 51)03-" RI: Train Horn Noise Dear Mayor St. Ores: Wesley J.Lviun xu`isla"tVice President ' Public Affairs Thank you for your follow up communication on November 7th. We are in receipt of your comments regarding recent horn blowing activity in the communities of Baytown Township, Oak Park Heights, Lake Elmo, and Oakdale. As you acknowledge in your communication, there are circumstances that require our train crews to still sound the horns under various situations that may impact public safety or the safety of our train operation. Recent events in our 23-state network have underscored the need for necessary horn blowing when the train crews feel that bis warranted. | want to reiterate that ee continue to make our employees and their respective managers aware of your complaints, and we will endeavor to make sure our crews understand there is a quiet zone in effect throughout your communities. Please feel free to refer tnthe wwvv.up.comwebsitewhich can provide you and your colleagues specific information on quiet zones and horn rule requirements. As I stated in my prior communication on this topic, it is important to note that quiet zones are not absolute, and that their goal is to eliminate unnecessary versus necessary horn blowing activities. I appreciate you making me aware of this important matter, and we will continue to monitor this situation. cc Ma\mrBeaudet, City ofOak Park Heights Mayor Sanaok,City ofOakdale Mayor Johnston, City ofLake Elmo Board Chairman Grand|ienard'Baytown Township Mr. Paul Hinton, Superintendent, Twin Cities Service Unit, UPRR °=�upxom Bu|LmwGwmER|cK