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HomeMy WebLinkAbout05-18-04 LE CCMPMayor: Lee Hunt Cou ncilmembers: Steve DeLapp Susan Dunn Dean Johnston Please read: Lake Elmo City Council Tuesday May 18, 2004 3800 Laverne Avenue No. Lake Elmo, MN 55042 777-5510 777-9615 (fax) Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. 6:30 n.m. Board of Review (Continuation) Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes 3. PUBLIC INOUIRIES/INFORMATIONAL: A. PUBLIC INFORMATIONAL: 4. CONSENT AGENDA A. Resolution No. 2004-042:Approve claims B. Resignation of Nanning Commission Member C. Resolution No. 2004-044:Authorizing Signature for Payments of Funds from the Lake Elmo Bank 5. FINANCE A. Monthly Operations Report: Informational 6. NEW BUSINESS A. Single Sort Residential Recycling May 4, 2004 Public Inquiries/Informational is an opportunity for citizens to bring the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting or as bench copies, to allow a more timely presentation. Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items unless a Council member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. Tom Bouthilet Tom Bouthilet 7. MAINTENANCE/PARK/FIREBUILDING: A. Carriage Station Play Set B. Update on Building Dept. Activities: Building Official 8. CITY ENGINEER'S REPORT: 9. PLANNING. LAND USE & ZONING: A. Resolution No. 2004-043:Drainfield Setback Variance: Gary Webster, 3604 Layton Avenue B. Zoning Ordinance Amendment:Accessory Structures C. Consultant Selection Trail System Plan D. Fence Moratorium E. Variance Performance Process 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. City Council Appointment -Mayor Hunt B. Strategic Planning Session -Mayor Hunt 12. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Johnston CLEAN-UP Day, May 22, 8-Noon, Washington County Fairgrounds Tom Prew C. Dillerud Lake Elmo City Council Agenda May 18, 2004 Page 2 LAKE ELMO CITY COUNCIL MINUTES MAY 4, 2004 1. AGENDA 2. MINUTES: APRIL 20, 2004 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries 4. CONSENT AGENDA: A. Water Ski Show: Joe Kiesling B. Resolution No. 2004-037: Approve claims 5. FINANCE: 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. VFW Ball Field Lights B. Update on Fir Dept. Activities: Chief Malmquist 8. CITY ENGINEER'S REPORT: A. Resolution No. 2004-:Landscape Cul-de-Sacs:Invitation to residents NOT APPROVED 9. PLANNING, LAND USE & ZONING: A. Resolution No. 2004-038:Section 520 Site Plan, 11343 39th Street N. B. Resolution No. 2004-039: Conditional Use Permit Amendment/Site Plan Amendment — Country Sun Farm C. Resolution No: 2004-040:OP Ordinance Setback Variance: Whistling Valley 10. CITY ATTORNEY'S REPORT: 11. CI:TY ADMINSITRATOR'S REPORT: A. Countywide Assessment Services B. Resignation of Council Member:Resolution No. 2004-041 12. CITY COUNCIL REPORTS Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, Acting Finance Director Tom Bouthilet. 1. AGENDA M/S/P Johnston/DeLapp - to approve the May 4, 2004 City Council agenda, as amended. (Motion passed 4-0). 2. MINUTES: APRIL 20, 2004 M/S/P Johnston/DeLapp - to approve the April 20, 2004 City Council minutes, as amended. (Motion passed 3-0-IAbstain:Dunn). LAKE ELMO CITY COUNCIL MINUTES MAY 4, 2004 1 3. PUBLIC INOUIRIES/INFORMATIONAL: A. Public Inuuiries Mark Kimball, Lake Elmo resident, introduced himself and noted he is running for state legislature in District 56A, which covers Lake Elmo. He thanked the Council for standing up for this community with the Met Council. 4. CONSENT AGENDA: A. Water Ski Show: Joe Kiesline Joe Kiesling, Tri-Lakes Assoc., requested Council approval of a Water Surface Use Permit for the Annual Water Ski Show on Lake Jane, August 14, from 1-4:30 p.rn. The Tri-Lakes Association has secured the appropriate insurance coverage, and the Sheriff's Department will sign off on the permit pending Council approval. The Fire Department will provide an emergency. vehicle. M/S/P DeLapp/Jolmston — to approve the permit request of Joe Kiesling, on behalf of the Tri-Lakes Association, to hold a Water Ski show on Lake Jane, August 14, 2004, from 1- 4:30 p.m., based on the submittal of the appropriate information and on past favorable request. (Motion passed 4-0). B. Resolution No. 2004-037: Approve Claims M/S/P DeLapp/Johnston — to adopt Resolution No. 2004-037 approving claim numbers 200, 201, DD148 through DD153 15506 through 25518 that were used for staff payroll dated April 29, 2004 and claim numbers 25519 through 25557 dated May 4, 2004 in the total amount of $118,663.94.- (Motion passed 4-0). 5. FINANCE: 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. VFW Ball Field Lights The staff mailed out invitations to the neighborhood around the VFW ball field to visit the Bielenberg Sports Center in Woodbury, which has the same model of lights on its ball field that Lake Elmo is contemplating installation at the VFW field. The letter noticed the neighbors that this matter will be placed on the City Council agenda for May 41h. Bob Schumacher, Parks Commission Chair, reported the Commission looked at cost efficiency of the lights, weighed the facts, and recommended approval. Council member DeLapp visited Bielenberg Sports Center in Woodbury and used a light meter to measure the amount of light generated and was concerned that there would be lighter than the manufacturer estimated. LAICE ELMO CITY COUNCIL MINUTES MAY 4, 2004 2 Council member Johnston said he also visited the Woodbury Sports Center and made the observation that it was too dark to drive through the parking lot and was amazed how quickly the lighting fell off a short distance from the field. Council member Dunn said she was concerned with the containment of the lights and wanted to make sure they were controlled to one area. Council member DeLapp stated he will vote for approval because no one from the neighborhood came forth with objections, and it will take sometime for the old village plan to be completed. Mayor Hunt stated the residents had a chance to advise the Council of their concerns and no one came. He supported the ball field light proposal. Council member DeLapp asked that a condition be added that MUSCO lighting test and meet the foot candles shown on the drawings and have the lights turned off as soon as they are no longer necessary on the field and replaced with lower level lights for people to leave the field and get to their vehicles. Mr. Schumacher said that placing some exit lighting in the area would be an extra cost. He said he would check if exit lighting is necessary. M/S/P DeLapp/Dunn — to authorize City Staff to enter into a purchase agreement with MUSCO Lighting for installation of the poles for VFW Ball Field Lights Project as detailed by the City Engineer's letter of April 14, 2004, to accept the quote from Arcade Electric for the electrical wiring and cabinet work, and including the alternative for additional light spill control provided that the lights meet the performance specifications provided by MUSCO lighting before fmal payment is made, and to add alternate lighting for safe exit when lights are turned off and to acquire an easement from the Hagbergs for a utility easement. (Motion passed 4-0.) B. Uodate on Fire Dent, Activities: Chief Malmquist Chief Malmquist and the Lake Elmo Fire Department were in attendance to demonstrate the airpacks and masks bought with grants for each fire fighter and the new helmets purchased with raffle proceeds. The Chief announced that each firefighter has taken and passed the Firefighter II exam. Firefighters Durrow, Somner, Tremain have passed the hazardous waste materials class funded through Washington County. Fire Fighter Bruce Cohen reported the Fire Department is forming a Fire Explorer Scout Post. Post membership is open to youths who live, work, or attend school in Lake Elmo. Those interested in learning more about the Fire Explorer Scout Program are invited to an open house from 7 p.m. to 9 p.m. on Sunday, May 16 at Lalce Elmo Station One. Chief Malmquist asked for Council approval to remove as probationary members and place as Fire Fighters, Brian Hauser, Lee Olson, Dan Lavasseur, Steve Rutowski. LAKE ELMO CITY COUNCIL MINUTES MAY 4, 2004 3 M/S/P Dunn/Johnston — to take off probation and promote to Fire Fighter status: Brian Hauser as Fire Fighter #77, Lee Olson as Fire Fighter #78, Dan Lavasseur as Firefighter #79, and Steve Rutowski as Fire Fighter #80. (Motion passed 4-0). 8. CITY ENGINEER'S REPORT: A. Resolution No. 2004-038:Landscaoe Cul-de-Sacs:Invitation to residents At the April 20th meeting, the Council awarded the contract for the 2004 Overlay Project to the lowest bidder, Tower Asphalt for their base bid of $62,800. The Engineer advised the Council will have to make a decision if its wishes to include the landscape cul-de-sacs islands bid alternative. The Council directed staff to contact the property owners involved; invite them to view the cul-de-sac landscaping plans; and solicit their options as to whether that cul-de-sac project alternate should be undertaken by the City. Tom Prew gave a brief presentation of examples of landscaped islands. He noted that it would be the homeowner's responsibility for maintaining the islands: Jim Trevis, 4850 Jerome Avenue N., said he loves the look of the landscape cul-de-sacs, but was opposed to the idea because of potential problems with snow removal. People play ball in this area. They don't have a homeowner's association so it would be him and his wife maintaining the plantings. Joan Porcher, 4990 Jasper Avenue N., voiced her concern on the width of the street for not being wide enough for vehicles, such as a recycling truck, to get through. Also, children ride their bikes and play _basketball in this area. Monique Kolb, 9387 Jane Circle N., had a concern on the safety issue for children playing and it would make it difficult for them to backup their boat. The landscaping would be difficult to maintain and there must be other things to spend the money on. Paula Wood, 9389 Jane Circle N., said there are only two houses on the cul-de-sac and the landscape island would obstruct the view. She said it would be up to her and her neighbor to maintain the plantings, which did not interest them. She also had a concern on ease for snowplowing. M/S/P Dunn/Johnston — that the Council will not adopt the draft resolution awarding the cul-de-sac asphalt removal bid alternate for the 2004 Overlay Project based on the objections of the property owners involved. (Motion passed 4-0). 9. PLANNING, LAND USE & ZONING: A. Resolution No. 2004-038:Section 520 Site Plan. 11343 39`h Street N. George Middleton, Excel Partners (Retail Construction) has made application for a Section 520 Site Plan for a 4,000 square foot addition to the existing structure at 11343 39th Street N. The addition will be to the east side of the existing building and be of the same architecture and exterior materials as the existing structure. The Planning LAKE ELMO CITY COUNCIL MINUTES MAY 4, 2004 4 Commission recommended that the proposal to construct on the north side of the site only 4 of the 20 off street parking spaces that the Zoning Ordinance requires for 4,000 square feet of office use. The remaining 16 parking spaces are shown as "proof of parking" on the west side of eh site. The applicant was asked to move the secondary drain field location a few feet east to assure a full 20 foot setback to the structure addition, asstuning suitable soils. M/S/P DeLapp/Johnston — to adopt Resolution No. 2004-038, approving the Section 520 Site Plan for an addition to the structure at 11343 39th Street North per plans staff dated April 22, 2004, and subject to a condition that the secondary drain field be modified as to location to be not less than 20 feet from the structure. (Motion passed 4-0.) B. Resolution No. 2004-039: Conditional Use Permit Amendment/Site Plan Amendment — Country Sun Farms Richard Berman, Country Sun Farm Greenhouses, at 11211 60th Street North, has made application to amend its Conditional Use Permit to add green house structures of 1,920 square feet (each) to either end (east and west) of the existing retail structure. At its April 26 meeting, the Planning Commission recommended approval -of this application. There was some objection to the east setback and with the nature of the use that may result fro the structural expansion as proposed. Council member DeLapp indicated the lighting is not shielded and the signage is 6' feet and does not meet the code and asked that conditions be added for signage, lighting, berms for screening, parking be added to the Resolution. Mayor Hunt said there were no objections from the neighbors, the business is of a seasonal nature, and the new signal light at the intersection of CSAH17 and Hwy 16 will help. Council member DeLapp responded that the neighbors have no effect in this. The Bergmans are great people who have lived in the City and had their agricultural business for a long time, but the Conditional Use Permit should stand on its own merits. M/S/P Dunn/Johnston — to adopt Resolution No. 2004-039, Approving an Amended Conditional Use Permit and Site Plan for two additions to the retail sales building of approximately 2,000 square feet each, per plans staff dated April 22, 2004, and based on the Findings recommended by the Planning Commission. (Motion 4-0.) C. OP Ordinance Setback Variance: Whistling Valley When the City Council approved Whistling Valley (First Addition) in 2003, a 100 foot buffer setback to the east was permitted since OP development of the land to the east was possible due to parcel size. Bald Eagle Development provided a landscape plan for his east property line as is require where a 100 foot buffer is substituted for a 200 foot buffer. The land to the east is being developed as a OP -Whistling Valley 2"d Addition which LAKE ELMO CITY COUNCIL MINUTES MAY 4, 2004 5 features a sizeable outlot of Preserved Open Space abutting the eastern -most lots of Whistling Valley (side yard of Lot 4, Block 5, and rear yards of Lot 1-3 Block 6, Whistling Valley). Bald Eagle Development has required a four -fifths OP variance to eliminate the 100 foot east buffer of Whistling Valley since the approved design of Whistling Valley 2"a Addition will result in no homes in proximity to those side/rear yards which will enable additional flexibility as to house location on the 4 lots in Whistling Valley. M/S/P DeLapp/Johnston — to adopt Resolution No. 2004-040, Approving an OP 4/5th variance for Whistling Valley to eliminate the 100 foot buffer requirement on Lot 4, Block 5; and Lots 1-3, Block 6. (Motion passed 4-0.) 10. CITY ATTORNEY'S REPORT: Hill Trail Prooertv Council member Johnston explained a resident on Hill Trail, who received Council approval for a variance to build a garage, has removed trees and vegetation. He noted the Building Official inspected the property on Sunday (5/2) and the silt fence was not installed and still not installed as of this meeting. Johnston added that this resident told council members that he would preserve the trees and vegetation. A submittal of a landscape plan was not a condition of the variance approval because they tools the resident's word. In order to prevent this situation from happening again, the Council said it would have to be very careful to add all conditions for approval. A landscape plan and performance bond should be required. Discussion on the process of variance perfoance will be added as an agenda item under Planning, Land Use and Zoning for the May I8th Council agenda. Fence on Marquess - Attorney Filla reported he talked to Chad Simich who agreed to get a quote to bring the segment on the street side into City compliance. Midwest Fence provided an estimate which includes cost of replacing*e existing 72" high fence section along the street (including the existing double drive gate) and full cost recovery for the 72" fence running perpendicular from the street to the rear of the house which will be torn down. Mr. Simich wanted to be assured that craftmanship and materials will be of consistent quality and design standard with the rest of the fence. Council member Johnston said this is a shared responsibility on both sides and would be amenable to pay up to half the cost of the fence replacement. Chad Simich responded a simple telephone call from the City would have prevented this situation. He said the design change he made to the fence was made because of the input of the City and that this input affected not only him, but was repeated to his neighbor and the Homeowner's Association. He said the Building Official visited his property and had walked the fence line. LAKE ELMO CITY COUNCIL MINUTES MAY 4, 2004 6 Mayor Hunt said he would be willing to cover the cost because the City should share in the cost because of the confusion of the interpretation of the ordinance. M/S/P Johnston/Dunn — to approve the replacement of the fence segment for Chad Simich, 12167Marquess Lane Cove N., per the quote from Midwest Fence, per quote received by Attorney Filla, not to exceed $2,280 with submittal of the paperwork to the City. (Motion passed 4-0). Council member DeLapp asked if Mr. Simich's homeowner's insurance would cover issues like this. Mr. Simich said at this point it is a voluntary action on his part, and he would not file a claim against his insurance. Mr. Simich added we have a current interpretation of the solid fence so he was making the assumption he was done with the fence issue and will not be before this council again. Attorney Filla said this is no doubt the least expensive solution in this matter. 11. CITY ADMINISTRATOR'S REPORT: A. Countywide Assessment Services The City has received letters to Washington County from 5 of the 9 local government units that now contract locally for assessment services. All 5 local units have expressed opposition to the countywide assessment services concept proposed by the County. The County is expecting the Council to take a position on this County concept. Council member Dunn said she did not like the Countywide assessment services because it reduced the level of services to our residents, not beneficial to the City, and it would end up costing the taxpayers more. The remainder of the Council agreed with Council member Dunn's reasons and was opposed to the countywide assessment services. M/S/P Dunn/DeLapp - to direct the Acting City Administrator to write a letter, consistent with examples of letters received and expressing Council member's Dunn reasons that the position of Lake Elmo was not in favor of the concept of countywide assessment services. (Motion passed 4-0.) B. Resignation of Council Member:Resolution No. 2004-041 The Council received a letter of resignation from the Lalce Elmo City Council from Chuck Siedow because he has purchased a home in Wisconsin and will be moving there soon. A resolution of the City Council accepting Mr. Siedow's resignation and declaring the vacancy of the Council seat was provided for Council approval. The Council discussed the options of either appointing a person to serve out the rest of Siedow's term, which expires at the end of the year, leave the seat open, or hold a special election. Council member Johnston suggested that they chose someone who wouldn't be running for City Council this November since it might give them an unfair advantage. Former Council member Wyn John was a possibility. Other Council members disagreed with that suggestion. They agreed that they wanted to appoint an experienced person or someone who was up to speed on city issues. LAKE ELMO CITY COUNCIL MINUTES MAY 4, 2004 7 Council member DeLapp said they should choose someone who was in support of the City's Comprehensive Plan. Mayor Hunt said anyone interested in the position can e-mail him. Council members will also submit names of possible candidates. These names will be brought to the May 18th Council meeting when they will decide if they will hold interviews with each of the candidates before appointing someone. M/S/P Johnston/Dunn — to adopt Resolution No. 2004-041, Accepting the resignation of Charles Siedow and Lake Elmo City Council Member and declaring a vacancy for the Council seat formerly held by Charles Siedow. (Motion passed 4-0). Fence Moratorium Attorney Filla provided a draft moratorium ordinance on fences which the Council will add to the May 18th Council agenda. 12. CITY COUNCIL REPORTS Mayor Hunt reported he, Council members Johnston and Dunn attended the Fire Department workshop and decided to wait until the City Administrator came on board. On Tuesday, May 11, he will attend the East Metro mayor's Forum. He received, and will not be able to attend, a regional policy conference on Wednesday, May 16, convened by the Met Council, the University of MN and the McKnight Foundation Deadline is May 12. Peter Bell, Chair of the Met Council will be the moderator for many of the conference items. The Council indicated that it definitely needed someone to attend and then would ask the Acting City Administrator to coordinate attendance. Council member Dunn announced that City Pages; the On -Line News & Arts Weekly of the Twin Cities, announced Lake Elmo Mayor Lee Hunt as the best mayor. Council member Johnston reported that AMM has chosen a council member from Hugo to serve on the Board of Directors. The City of Afton will have a forum on June 3`d on development. Mayor Hunt will give 20 minutes of remarks on Open Space developments in harmony with the environment. Council Adjourn meeting at 9:10 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2004-037 Approve Claims Resolution No. 2004-038 Section 520 Site Plan, Retail Construction Resolution No. 2004-039 CUP/Site Plan Amendment -Country Sun Farms Resolution No. 2004-040 Approve an OP 4/5ths variances for Whistling Valley Resolution No. 2004-041 Accept resignation of Charles Siedow as City Council Member LAKE ELMO CITY COUNCIL MINUTES MAY 4, 2004 8 MINUTES APPROVED: May 4, 2004 LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 1. AGENDA 2. MINUTES: April 6, 2004 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Audit Report: Steve McDonald, Abdo, Eick and Meyers 4. CONSENT AGENDA: A. Resolution No. 2004-031: Approving Claims B. Resolution No. 2004-035: Approve Claim 5. FINANCE: A. Monthly Operations Report 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIREBUILDING: A. Parks Dept. — MN Orienteering Club: Informational B. Building Dept. Update: Jim McNamara C. Fire Dept.: Grass Rig Tires D. Building Permit at 5699 Keats Avenue 8. CITY ENGINEER'S REPORT: A. Update on VFW Ball Field Lights B. Resolution No. 2004-032: Accept Bids for 2004 Overlay Project 9. PLANNING, LAND USE & ZONING: A. Resolution No. 2004-027: Zoning Variance, 11094 35th Street, Eisele B. Resolution No. 2004-033, OP Development Stage Plan/CUP/Preliminary Plat: Whistling Valley 2" Addition C. Resolution No. 2004-034: PUD Final Plan Amendment: United Properties Directional Sign D. Interpretation and Process — Accessory Building Exterior Color 10. CITY ATTORNEY'S REPORT: A. West Lakeland Township Joint Resolution for Orderly Annexation: Resolution No. 2004-036 11. CTIY ADMINISTRATOR'S REPORT: A. Lake Jane Landfill — Groundwater B. Comprehensive Plan — Metropolitan Council C. City Council E-mail Boxes D. Human Resource Committee Workshop 12. CITY COUNCIL REPORTS: Mayor Hunt called the Council meeting to order at 7 p.m. in the Council chambers. PRESENT: Siedow, Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, Building Official Jim McNamara, Acting Finance Director Tom Bouthilet and Acting Administrator/City Planner Dillerud. ABSENT: Council member Dunn LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 1 1. AGENDA M/S/P Johnston/Siedow - to approve the April 20, 2004 City Council agenda, as amended. (Motion passed 4-0). 2. MINUTES: April 6, 2004 M/S/P Johnston/DeLapp - to approve the April 6, 2004 City Council minutes, as amended. (Motion passed 5-0). 3. PUBLIC INOUIRIES/INFORMATIONAL: A. Audit Report: Steve McDonald. Abdo, Rick and Meyers Steve McDonald, Abdo, Eick and Meyers presented the 2003 Annual Financial Report and responded to Council inquiries. Council thanked Mr. McDonald for his assistance and congratulated Tom Bouthilet and Chuck Dillerud on a successful audit. M/S/P Johnston/DeLapp - to accept the 2003 Annual Financial Report submitted by Steve McDonald, Abdo, Eick and Meyers. (Motion passed 4-0). 4. CONSENT AGENDA: A. Resolution No. 2004-031 and 2004-035: Approving Claims, M/S/P Johnston/Siedow - to adopt Resolution No. 2004-031, approving claim numbers 198, 199, DD139 through DD147, 25434 through 25468 that were used for staff payroll dated April 15, 2004 and Claim Numbers 25469 through 25504 dated April 20, 2004 in the total amount of $99.759.60. (Motion passed 4-0). M/S/P Johnston/Siedow — to adopt Resolution No. 2004-035, approving claim number 25505 that was used for testing services for firefighter class II training in the total amount of $1150.00. (Motion passed 4-0). 5. FINANCE: A. Monthly Operations Report The Council received the Monthly Operating Review as of April 15, 2004. 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIREBUILDING: A. Parks Dent. — MN Orienteering Club: Informational, B. Building Dept. Update: Jim McNamara The Building Official reported there was one new residential building permit issued and no new commercial building permits in March, 2004. LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 2 C. Fire Dent: Grass Rie Tires Fire Chief Malmquist has reported that the new grass rig chassis was delivered under the State Contact with tires that are not suitable for the off -road use this vehicle will encounter. He recommended that more off —road suited tires be installed, which will increase the cost to the City for the vehicle over that which has been approved by the Council. Two options were available: 1.) Trade the tires with a local tire dealer at a net cost of $703.92 or 2.) Purchase another set of tires under the State Contract at an estimated cost of $550 (and keep the tires now on the chassis as spare inventory). It was unclear as to what load range tire will be required and if that load range will be available under the State Contact. Staff recommended authorizing an increase in the total cost of the grass rig by not to exceed $702.92, with the understanding that if the State Contract tires can be purchased at the proper load range at a lower cost, that is the option the Fire Chief will use instead. Council member Siedow didn't think we should have spare tires to store if we go with Option 2. M/S/P Siedow/Johnston - to authorize an increase in the total cost of the grass rig by not to exceed $750, with the understanding that if the State Contract tires can be purchased as the proper load range at a lower cost, that is the option of the Fire Chief will use instead. (Motion passed 4-0). D. Buildine Permit at 5699 Keats Avenue: Council member Johnston reported he had gone out and looked at the fence being built at the above address. He noted there are no current materials stated in the code for a fence and if the fence is over 6' in height it requires a building permit. Council member Siedow said it looks like a building is going up and not a fence. He said the property owner, who is a planning commission member, was working on the fence Monday night and has not gotten a permit. The Building Official said the property owner bermed around the area to be fenced. He said the maximum height from grade is 8', not roofed, not solid, and could be fabric material. Mayor Hunt said the direction of the Council has been to enforce our codes as best as can be defined. He asked the Building Official to make a list on what the code doesn't address. Council member Siedow asked the Building Official to get photographic proof that the fence is being worked on and then red tag it. 8. CITY ENGINEER'S REPORT: A. Update on VFW Ball Field Lights The City Engineer reported that he had contacted the vendors, received revised costs which were listed in his memo dated April 14, 2004. The Engineer requested authorization to enter into a purchase agreement with MUSCO lighting for installation of the poles; and, authorize City staff to acquire an easement from the Hagbergs for a utility easement. LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 3 Council member Siedow said he thought the city was going to make a mistake by installing these lights since the neighborhood thinks that the lights would be similar to the lights located in Lions Park. The Council asked if the City Engineer could get a list of another ball field with similar lights so the council gets an idea of how bright the lights will be. Siedow said that there might not be many houses located near the VFW field now, but there will be in the old village plan. Johnston said the last discussion included the observation that lighted fields would be bringing more people to the downtown a positive consideration. He noted, however, that if there are neighborhood concerns, we should take a look at that. Mayor Hunt said he was a supporter of the lights. M/S/P DeLapp/Siedow — to direct the staff to locate an existing ball field with the same lights as proposed for the VFW ball field that would be available for Council and neighborhood residents visit and determine the impact. The City would pay any fees that may be required to light the field for only Lake Elmo purposes. (Motion passed 4-0.) This will be added to the May 4th council agenda to consider the lighting impact on sulTounding properties. B. Resolution No. 2004-032 — Award Bid for the 2004 Overlay Protect In his memo dated April 14, 2004, Tom Prew recommended awarding the contract to the lowest bidder, Tower Asphalt, Inc., for their base bid of $62,800. He asked the Council to make a decision if it wished to include the landscape cul-de-sac islands at a cost pf $11,475. The council decided to award the base bid and see if the neighbors want the landscape berm. M/S/P DeLapp/Siedow — to adopt resolution 2004-032 award the bid for the 2004 overlay project at a base bid of $62,800 to Tower Asphalt. (Motion passed 4-0. M/S/P Siedow/Johnston — to invite the neighbors around the cul-de-sac to the May 4 Council meeting to advise the City Council of their input regarding the landscaped cul- de-sac project alternative. (Motion passed 4-0). 9. PLANNING, LAND USE & ZONING: A. Zonina Variance — 11094 35`h Street The Planner reported that at its April 6th meeting, the Council tabled this application for side and front yard variance to enable the construction of a garage. The Council asked to have the applicant secures a new survey of the site depicting the proposed garage re- oriented to line up with the south wall of the house rather than setting the garage at an angle to reduce the amount of set back variance. The purpose of the request is to determine exactly what the resulting set back would be; and, to be able to specify the actual amount of the set back variance being considered. Jon Eisele submitted a revised survey depicting the proposed garage reduced in width from 32 feet to 28 feet; reduced in length from 24/26 feet to 22/24 feet; and, with the rear of the garage in line with the south wall of the house. The side set back (south) becomes LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 4 a minimum of 3 feet. The front set back (east) becomes a minimum of 18 feet. A modified resolution reflecting this survey was provided for Council consideration. The fence did not appear on the survey, but the driveway configuration was changed. M/S/P DeLapp/Johnson - to adopt Resolution No. 2004-027 approving side and front set back variances for construction of a garage at 1109 35th street per plans staff dated April 6, 2004. (Motion passed 4-0). B. OP Development Stage Plan/CUP and Preliminary Plat — Whistling Valley 2nd Addition The City Planner reported the Planning Commission recommended approval of the Development Stage/CUP and Preliminary Plat of this OP project to crate 18 building lots on a site of 45 acres. The approval recommendation is subject to the condition of compliance with Engineer and Attorney requirements and those recommendations of outside agencies found by the City to be necessary and reasonable; and, second condition requires a slight enlargement of one of the lots to meet the 3.4 minimum lot area requirement. The Commission recommended the preliminary plat move forward, but that the rail access location is worked out with Washington County prior to Final Plat submission. The County staff had indicated to City staff that a resolution of the issue should be attainable once their Parks and Transportation people come to an internal agreement. Jerry Marah, Oakdale Gun Club, asked to place covenants on their abstracts that there is an active firing range in the neighborhood, such as was added to the Stonegate development. M/S/P DeLapp/Johnston - to adopt Resolution No. 2004-033 approving the OP Development Stage Plan, Conditional Use Permit, and Preliminary Plat of Whistling Valley 2nd Addition per plans Staff dated April 6, 2004, based on the Findings and the added condition that the applicant shall include a clause in the Covenants notifying prospective purchasers that pre-existing Conditional Use Pennits (CUP) exist in the vicinity of Whistling Valley 2"d Addition, including, but not limited to Hammes Mining, Linder's Greenhouse, Oakdale Gun Club, and an airstrip for small aircraft. (Motion passed 4-0). C. PUD Final Plan Amendment — United Pronerties The City Planner reported Nordquist Sign Company has applied for a permit to install a permanent "directional sign" along Hudson Blvd. to replace the High Pointe Health temporary sign that has been located there for several years. The replacement sign would be sided to accommodate four directional messages. The sign design would be in keeping with the other Eagle Pointe Business Park signage. Since this sign was not a component of the Eagle Pointe PUD Master Sign Plan, and would otherwise not be a permitted sign, United Properties has requested an amendment to the Eagle Pointe PUD Final Plan (the Master Sign Plan portion) to include this sign. LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 5 Staff recommended approval of the requested PUD Final Plan amendment because it would both constitute an improvement in appearance (over the old temporary High Pointe directional), and, provide a measure of traffic safety be advising the motorists of who is where along a busy stretch of roadway. M/S/P DeLapp/Siedow - to approve Resolution No. 2004-034, approving a Final PUD Plan amendment of the Eagle Pointe Business Park to permit a directional sign per plans staff dated April 20, 2004; subject to the conditions that the sign be set back not Less than 15 feet from any property line and pubic street right-of-way. (Motion passed 4-0). D. Interpretation and Process — Accessory Building Exterior Color The City Planner reported a resident approached staff regarding the exterior color of an accessory building that has been completed, but is not as yet painted. The accessory structure has some of the architectural features of a barn and the resident desires to paint the accessory s structure red to complete the barn theme. The Zoning Ordinance requires non -farm accessory structures to be of a similar color or match that of the principal structure on the site, or the exterior color is of an earthen tone. A light gray principal structure with a red accessory structure does not meet that standard. Staff advised that relief from this code provision could only be provided by either an amendment to the zoning ordinance, or a zoning ordinance variance. Both processes would require a Hearing by the Planning Commission, and approved by the City Council. The City would need to address the hardship in the case of a variance and the variance process requires a $620 application fee. If the Council originates the request for such an amendment to be considered on the basis of potential applicability to more than this case, no application fee would be chargeable. M/S/P DeLapp/Siedow — that the Council determines that an amendment to the zoning ordinance may be appropriate to deal with the color of "Rural Character" styled accessory structures and to direct the staff to bring a Zoning Ordinance the amendment proposal regarding the color of accessory building of an agricultural appearance to the Planning Commission for a Public Hearing and recommendation for the May 18`h City Council meeting. (Motion passed 4-0.) 10. CITY ATTORNEY'S REPORT: A. West Lakeland Township Joint Resolution for Orderly Annexation, M/S/P DeLapp/Johnston - to adopt Resolution No. 2004-036, A Joint Resolution for Orderly Annexation in the matter of the Joint Resolution of the City of Lake Elmo and the Township of West Lakeland Designating an Unincorporated Area as in Need of Orderly Annexation and Conferring Jurisdiction Over Said Area to the Department of Administration Pursuant to M.S. 414.0325. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 6 11. CIY ADMNISTRATOR'S REPORT: A. Lake Jane Landfill — Ground Water The Acting City Administrator reported that he had conversed with the "Closed Landfill" staff person at MPCA regarding the comments of Gloria Knoblauch as to potential Lake Jane Landfill groundwater contamination. He reported that although MCPA had no knowledge of any recent Lake Jane Landfill "evaluation", the MPCA staff will draw ground water samples from their monitoring wells south of the landfill within a week and conduct a full spectrum test on those samples. If suspicious findings result from the tests, MPCA will conduct the same tests on private wells immediately south of the landfill site at MPCA expense. Gloria Knoblauch presented a memo received from other MPCA staff. The memo advised her of testing firms that the residents south of landfill could contract with, and the probably costs for such testing. B. Comprehensive Plan — Metropolitan Council Council member Johnston observed that the Met Council has an incentive to negotiate with the City now that the Supreme Court has agreed to hear the City's appeal regarding the Met Council's rejection of the Lake Elmo Comprehensive Plan. He suggested that the City shouldn't close off that avenue and that the City continue talking with the Met Council to obtain a better definition of what they may be prepared to entertain as a compromise solution. He added that by that strategy the City at least hasn't walked away from that opportunity. Johnston also said that in order to prevail the City needs to assemble as many allies as possible supporting our cause. He suggested that it seems that it is bad practice that the City is not at last talking to the Met Council. The Acting Administrator reported that during the council's discussion in the executive meeting, there were some hints that the Met Council may want to settle out of court, but he had nothing in writing. Council Member DeLapp said he was concerned that the Met Council might think that the City wants to meet them half way, which, in his opinion, would destroy the City as we know it today because of the population shift that would result in urban development throughout the City in any undeveloped land that could potentially have access to sewer. Mayor Hunt stated that, officially, there is nothing new on the table from the Met Council. Council member Siedow said that the City just can't go with how one person thinks on this issue. He stated that he believes the City could meet the Met Council at some point. The City Planner volunteered to work with the city's attorneys to contact the Met Council and find out for certain if there was a settlement offer. LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 7 M/S/P Siedow/DeLapp to direct the City Planner go through the City's attorneys inquire as to if there is a new settlement offer by the Met Council as has been communicated to the City by a third party and have them place it in writing and communicated to the Council. (Motion passed 4-0). C. City Council E-mail Boxes The Acting Administrator reported a resident recently criticized the City for no longer publishing on the City web site the personal Email addresses of City Council Members. A solution is to set up individual City Hall E-Mail Boxes for each City Council member. Those are the only addresses made available to the Public. The cost of doing this is $65 per member for the software license and $50 of labor to install. M/S/P Johnston/Siedow approve — to direct the staff to check with Council member Dunn of her desires on this matter because she was not in attendance at the meeting and to set up City Hall E-Mail Boxes for those Council Members that desire them. (Motion passed 4-0.) D. Human Resource Committee Workshop Council member Johnston stated that he detects a problem with code and interpretation, but he doesn't know exactly if the problem is with code enforcement or interpretation. Johnston suggested that he City Human Resources Conmiittee be requested to address the problems with Code enforcement that he perceives. It was the consensus of the Council that this matter be placed on the agenda of the May 18th Council meeting to gain the perspective of the new City Administrator on the issue. 12. CITY COUNCIL REPORTS: Mayor Hunt reported that City Planner Dillerud had not received an evaluation or Pay Plan Step consideration at his employment anniversary date as City Planner/Assistant Administrator on June 15, 2003, since he was also serving as "Acting" in the position that would have otherwise performed that evaluation, and would have also directed the appropriate salary action. Hunt also observed that another employment anniversary date for Dillerud would occur on June 15, 2004. He suggested that it was proper the City Council's task to perform Performance Review and direct any base salary adjustments for Dillerud covering his job as City Planner/Assistant Administrator during two full employment years. Hunt reported that he had sent each Council Member a Performance Evaluation form and the Position Description for Planner/Administrator and City Administrator since Dillerud will have served in both positions for 16 months of the 24 months to be evaluated. Hunt said he would coordinate the individual evaluations of the Council for Council action for the May 18th Council meeting. Mayor Hunt reported that he will attend a May 11 th forum for east side mayors where they will discuss tax policy, budget, housing, and population. On Saturday, May 29, there is a memorial service to the Veterans of World War II will be dedicated in Washington D.C. honoring the 16 million American servicepersons who served and died to preserve democracy. In tribute to their sacrifice and service, Bayport American Legion, Stillwater American Legion, Stillwater Veterans of Foreign Wars and Lake Elmo Veterans of LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 8 Foreign Wars are joining together to conduct a community celebration to honor the World War II Veterans in our area in a manner similar to the recognition at the Stillwater VFW. Mayor Hunt and Council member Dunn attended the Tri-Chamber luncheon where there was discussion on development issues on 194 and Highway 36. The next Tri-Chamber meeting will be at noon on June 8°i. Council member DeLapp reported that he and Gloria Knoblauch had attended the Washington County recognition banquet for all the volunteers and County officials. Council member Siedow inquired as to the progress toward purchase of a speed trailer purchase. Acting Administrator Dillerud reported that there had been no progress to date, but staff will proceed with this acquisition as time permits. Council member DeLapp and Mayor Hunt suggested the City investigate an alternative vehicle speed advisory measure currently employed by 3M in its parking lots. M/S/P DeLapp/Siedow — to direct the Community Improvement Committee to look into using the vehicular speed advisory signs that Hunt and DeLapp noted. (Motion passed 4- 0). Council Adjourn the meeting at 9:10 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2004-027 Zoning Variance, 11094 35th Street, Eisele Resolution No. 2004-031 Approve Claims Resolution No. 2004-032 Accept Bids for 2004 Overlay Project Resolution No. 2004-033 OP Development Stage Plan/CUP Preliminary Plat: Whistling Valley 2nd Addition Resolution No. 2004-034 PUD Final Plan Amendment:United Properties Directional Sign Resolution No. 2004-035 Approve Claim Resolution No. 2004-036 West Lakeland Township Joint Resolution for Orderly Annexation LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 9 WA CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004-042 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 202, 203, DD154 through DD163 25558 through 25590, were used for Fire/ Staff, payroll dated May 13, 2004, Claim Numbers 25591 through 25640 dated May 18, 2004 in the total amount of $116,333.88 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 18th day of May, 2004. Lee Hunt Mayor ATTEST: Charles E. Dillerud Acting City Administrator Accounts Payable Computer Check Proof List User. administrator Printed: 05/13/2004 - 3:53 PM Invoice No Vendor:ABDO 214510 Vendor:ARAM 629-5463881 Vendor:BRYAN 15038 Description Abdo Eick & Meyers Year -End Audit Services Check Total: Aramark Linen City Hall Check Total: Bryan Rock Products, Inc. Baseball Field Agg. Check Total: Vendor:BURBBLAC Burberl Black Dirt, Inc. 4993 Black Dirt Check Total: Vendor:CAPCITMU Vendor:CARQUEST D337244 D339351 Capital City Mutual Aid Assn Annual Membership Dues Check Total: Car Quest Equipment Part -Parks Equipments Parts -Parks Check Total: Vendor:COPYIMAG Copy Images, Inc. 47268 Supplies for Copy Machine AP - Computer Check Proof List (05/13/2004 - 3:53 PM) P 11111111111111 111111 1 111111111 Amount Payment Date Acct Number Check Sequence: 1 5,895.41 05/18/2004 101-410-1530-43010 5,895.41 Check Sequence: 2 42.78 05/18/2004 101-410-1940-44010 42.78 Check Sequence: 3 391.98 05/18/2004 101-450-5200-42250 391.98 Check Sequence: 4 143.78 05/18/2004 101-430-3100-42250 143.78 Check Sequence: 5 50.00 05/18/2004 101-420-2220-44330 50.00 4.04 05/18/2004 18.70 05/18/2004 22.74 Check Sequence: 6 101-450-5200-42210 101-450-5200-42210 Check Sequence: 7 99.63 05/18/2004 101-410-1940-44040 G Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 1 Invoice No Vendor:DILLERUD Claim Vendor:ELMOLUM 0125276 0125277 0125733 0125823 Vendor:FARMERS 141352 141372 Vendor:FIREEQUI 3625 Vendor:GENUINE 404283 Vendor: GRAFD: 35296 Vendor:HAGBERGS Vendor:KUPFERS Description Check Total: CharlesDillerud Travel -Planning Seminar Check Total: Ehno's Lumber & Plywood Floor Dry & Light Bulbs -Fire Drill Bits, Drill & Sockets -Parks Supplies -Fire Wire Crimper Parks Check Total: Farmers Union Co -Op Oil Fuel -Fire Dept. Fuel -Bldg Dept. Check Total: Fire Equipment Specialties 12 Sets of Turnout Gear -Fire Dept. Check Total: Genuine Parts Co. Vehicle Battery -Fire Dept. Check Total: Grafix Shoppe Vehicle Marking Unit 3178-Fire Dept. Check Total: Hagbergs Country Market Refreshments -Training Meeting -Fire Dept. Rolls -Administrator Interview Meetings Check Total: Raleane RKupferschmidt Repairs due Legion Station Lift Failed AP - Computer Check Proof List (05/13/2004 - 3:53 PM) Amount Payment Date Acct Number 99.63 Check Sequence: 8 399.75 05/18/2004 101-410-1910-43310 399.75 22.44 05/18/2004 18.79 05/18/2004 14.02 05/18/2004 20.54 05/18/2004 75.79 46.50 05/18/2004 49.00 05/18/2004 95.50 15,857.92 05/18/2004 15,857.92 Check Sequence: 9 101-420-2220-42230 101-450-5200-42400 101-420-2220-42230 101-450-5200-42400 Check Sequence: 10 101-420-2220-42120 101-420-2400-42120 Check Sequence: 11 410-480-8000-45800 Check Sequence: 12 65.98 05/18/2004 101-420-2220-42210 65.98 Check Sequence: 13 400.00 05/18/2004 410-480-8000-45500 400.00 39.95 05/18/2004 8.97 05/18/2004 48.92 Check Sequence: 14 101-420-2220-44300 101-410-1110-44300 Check Sequence: 15 75.00 05/18/2004 602-495-9450-44030 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 2 Invoice No Vendor:LEOIL B01203 S01203 S01208 Vendor.LUM13Y Claim Vendor:MARONEYS 044999 044999 044999 Vendor:MCLEOD 4643237 4643237 4643237 4643237 4643237 4643237 4643237 4643237 4643237 Description Check Total: Lake Elmo Oil, Inc. Bulk Fuel Public Works Fuel -Fire Dept. Fuel -Parks Deot. Check Total: SharonLumby Dinners -Board of Review Meeting Check Total: Maroney s Sanitation, Inc Refuse Removal -City Hall Refuse Removal -Public Works Refuse Removal -Parks Check Total: McLeod USA Line Service -Public Works Line Service -Well #1 Line Service -Lift Station Line Service -Well House #2 Line Service -Lift Station Line Service -Parks Line Service -City Hall Line Service -Fire Line Service -Fire Check Total: Vendor:MENARDST Menards - Stillwater 85550 Sprinkler Repairs Check Total: Vendor:MES 213934 Municipal Emergency Services Equipment Tool - Fire Dept. Check Total: AP - Computer Check Proof List (05/13/2004 - 3:53 PM) Amount Payment Date Acct Number 75.00 841.84 05/18/2004 234.77 05/18/2004 28.41 05/18/2004 1,105.02 Check Sequence: 16 101-430-3100-42120 101-420-2220-42120 101-450-5200-42120 Check Sequence: 17 48.00 05/18/2004 101-410-1520-44300 48.00 95.89 05/18/2004 95.89 05/18/2004 183.96 05/18/2004 375.74 129.14 60.40 60.40 47.39 58.79 67.32 284.27 50.22 113.33 871.26 05/18/2004 05/18/2004 05/18/2004 05/18/2004 05/18/2004 05/18/2004 05/18/2004 05/18/2004 05/18/2004 41.01 05/18/2004 41.01 Check Sequence: 18 101-410-1940-43840 101-430-3100-43840 101-450-5200-43840 Check Sequence: 19 101-430-3100-43210 601-494-9400-43210 602-495-9450-43210 601-494-9400-43210 602-495-9450-43210 101-450-5200-43210 101-410-1940-43210 101-420-2220-43210 101-420-2220-43210 Check Sequence: 20 101-430-3100-42230 Check Sequence: 21 54.00 05/18/2004 101-420-2220-42400 54.00 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled No ACH Enabled: No ACH Enabled: No Page 3 Invoice No Vendor:MILLEREX 9371 Description Miller Excavating, Inc. Grade Gravel Roads Check Total: Vendor:MINNCHEM MINNESOTA CHEMICAL CO. 284496 Gear Washer -Fire Deot. Check Total: Vendor:Natl Wat 1233396 Vendor:NFPA 1047690 Vendor:NORTHTOO 09953696 09995922 Vendor:OAKDALE 1000039700 1000046000 Vendor:OFFICEMA Vendor:ONECALL 4040486 Vendor:PELNAR April 04 National Waterworks Wire Connectors -Water Reading Equip. Check Total: NFPA National Fire Code Subscription Renewal Check Total: Northern Tool & Equipment Transfer Pump Tow Strap & Booster Cables Check Total: City of Oakdale Water -North Water -South Check Total: OfficeMax Office Chair -Receptionist Check Total: Gopher State One-CallOne Call Concepts, Inc Line Locates -April Check Total: KathiPelnar Animal Control Services -April 04 Check Total: AP - Computer Check Proof List (05/13/2004 - 3:53 PM) Amount Payment Date Acct Number Check Sequence: 22 863.50 05/18/2004 101-430-3100-44030 863.50 Check Sequence: 23 3,572.54 05/18/2004 410-480-8000-45800 3,572.54 Check Sequence: 24 32.56 05/18/2004 601-494-9400-42300 32.56 Check Sequence: 25 695.00 05/18/2004 101-420-2220-44330 695.00 21.29 05/18/2004 47.90 05/18/2004 69.19 1,771.73 05/18/2004 3,595.62 05/18/2004 5,367.35 Check Sequence: 26 101-430-3100-42400 101-430-3100-42400 Check Sequence: 27 601-494-940043820 601-494-9400-43820 Check Sequence: 28 159.74 05/18/2004 101-410-1320-42000 159.74 143.75 05/18/2004 143.75 1,152.39 05/18/2004 1,152.39 Check Sequence: 29 101-430-3100-44300 Check Sequence: 30 101-420-2700-43150 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 4 Invoice No Description Amount Payment Date Acct Number Reference Vendor.PETERSO Peterson Fram & Bergman Check Sequence: 31 ACH Enabled: No 11135M Legal Services -Administration 2,346.98 05/18/2004 101-410-1610-43040 11140M Legal Services -Criminal Prosecutions 3,964.04 05/18/2004 101-410-1610-43045 11145M Legal Services -Public lmprovement 88.00 05/18/2004 410-480-8000-43040 11155M Legal Services -Civil Litigation 654.43 05/18/2004 101-410-1610-43040 11161M Legal Services -Auto Forfeiture 109.00 05/18/2004 101-410-1610-43045 Check Total: 7,162.45 Vendor.PINKY Pinlcy's Sewer Service, Inc. Check Sequence: 32 35111 Pumping -Lift Station Failure -Resident 150.00 05/18/2004 602-495-9450-44300 35112 Pumping -Legion Lift Station 150.00 05/18/2004 602-495-9450-44300 Check Total: 300.00 ACH Enabled: No Vendor:PRESS StevenPress Check Sequence: 33 ACH Enabled: No Cable Operator 80.00 05/18/2004 101-410-1320-44300 Check Total: 80.00 Vendor:REDWING RED WING FIRE CONVENTION FUND Check Sequence: 34 ACH Enabled: No MSFDA Fire Conference-Collyard 185.00 05/18/2004 101-420-2220-44370 Check Total: 185.00 Vendor:Reserve Pitney BowesReserve Account Check Sequence: 35 ACH Enabled: No Postage - Mailing of Surface Water Utlit 500.00 05/18/2004 101-410-1320-43220 Check Total: 500.00 Vendor:ROGERS Rogers Printing Services Check Sequence: 36 ACH Enabled: No 11482 Printing -Water Invoices 69.23 05/18/2004 601-494-9400-42030 11482 Printing-B1dg Forms 298.20 05/18/2004 101-420-2400-42030 Check Total: 367.43 Vendor:RUD DianePrince-Rud Cleaning -City Hall Cleaning -Fire Hall Check Total: Check Sequence: 37 240.00 05/18/2004 101-410-1940-44010 240.00 05/18/2004 101-420-2220-44010 480.00 Vendor:SATELLIT Satellite Shelters, Inc. Check Sequence: 38 24180608 Bldg Office Rental 319.50 05/18/2004 101-420-2400-44120 Check Total: 319.50 AP - Computer Check Proof List (05/13/2004 - 3:53 PM) ACH Enabled: No ACH Enabled: No Page 5 Invoice No Vendor:STILLFOR 260618 Vendor. S 1 ILLGAZ 00003287 00003288 00003326 00003344 Vendor:SYmbol 0035086 Vendor:TKDA 067144 067145 067146 067146 067146 067147 067154 067156 067173 067182 067186 067187 067190 067191 067226 067227 067228 067229 Vendor:TRI-P 23297 Description Stillwater Ford Repairs -Fire Cheif Vehicle Check Total: Stillwater Gazette Legal Notice Legal Notice Legal Notice Legal Notice Check Total: Symbol Arts Badges Check Total: TKDA, Inc. Check Total: TRI STATE PUMP & CONTROL INC. Lift Station repairs Check Total: AP - Computer Check Proof List (05/13/2004 - 3:53 PM) Amount Payment Date Acct Number Check Sequence: 39 159.08 05/18/2004 101-420-2220-44040 159.08 33.60 05/18/2004 33.60 05/18/2004 25.20 05/18/2004 29.40 05/18/2004 121.80 Check Sequence: 40 101-410-1320-43510 101-410-1320-43510 101-410-1320-43510 101-410-1320-43510 Check Sequence: 41 72.50 05/18/2004 101-420-2220-44170 72.50 36.14 05/18/2004 304.44 05/18/2004 212.33 05/18/2004 400.47 05/18/2004 208.58 05/18/2004 200.00 05/18/2004 181.70 05/18/2004 206.84 05/18/2004 1,903.44 05/18/2004 1,144.88 05/18/2004 1,325.33 05/18/2004 121.75 05/18/2004 293.12 05/18/2004 2,283.00 05/18/2004 761.19 05/18/2004 101.48 05/18/2004 3,641.49 05/18/2004 1,686.03 05/18/2004 15,012.21 Check Sequence: 42 409-480-8000-43030 101-410-1930-43030 101-410-1930-43030 101-410-1930-43030 803-490-9070-43030 101-410-1930-43030 803-490-9070-43030 409-480-8000-43030 101-410-1930-43030 803-490-9070-43030 311-470-7000-43030 311-470-7000-43030 101-410-1910-43012 101-410-1910-43012 602-000-0000-16300 409-480-8000-43030 409-480-8000-43030 409-480-8000-43030 Check Sequence: 43 749.26 05/18/2004 602-495-9450-44030 749.26 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 6 Invoice No Description Amount Payment Date AcetNumber Reference Vendor:TRISTATE Tri State Bobcat, Inc. Check Sequence: 44 ACH Enabled: No S07260 Bobcat Trade-in 1,917.00 05/18/2004 410-480-8000-45400 Check Total: 1,917.00 Vendor:TWINCIT Twin City Water Clinic, Inc. Check Sequence: 45 ACH Enabled: No 196 Water Analysis-April2004 20.00 05/18/2004 601-494-9400-43030 Check Total: 20.00 Vendor:USBANK US Bank Trust N.A. Check Sequence: 46 ACH Enabled: No 33404800 Water Revenue Bond Payment 14,783.75 05/18/2004 601-494-9400-46110 Check Total: 14,783.75 VendonUSPOST United States Postal Service Check Sequence: 47 ACH Enabled: No Postage for Newsletters & Septic Mailing 500.00 05/18/2004 101-410-1320-43220 Check Total: 500.00 Vendor. VISA Visa Check Sequence: 48 ACH Enabled: No Planning Seminar 40.36 05/18/2004 101410-1910-44370 Sewer Seminar 61.32 05/18/2004 602-495-9450-44370 Check Total: 101.68 Vendor:VISIONAR Visionary Systems, Ltd. Check Sequence: 49 ACH Enabled: No 36671 Software Support Annual Renewal -Fire Dep 700.00 05/18/2004 101-420-2220-44330 Check Total: 700.00 Vendor.XCEL Xcel Energy Check Sequence: 50 ACH Enabled: No 0011145749119 23.76 05/18/2004 101-450-5200-43810 0084044646118 226.78 05/18/2004 101-430-3100-43810 0176825022118 17.40 05/18/2004 101-430-3160-43810 0417949252118 304.48 05/18/2004 101-410-1940-43810 0446544592118 19.80 05/18/2004 101-430-3160-43810 0573240678118 74.57 05/18/2004 101-450-5200-43810 0592147254119 7.41 05/18/2004 101-450-5200-43810 0614943270118 26.00 05/18/2004 101-430-3160-43810 0777146175118 7.41 05/18/2004 101-450-5200-43810 1278842757119 398.12 05/18/2004 601-494-9400-43810 1427822590119 40.63 05/18/2004 602-495-9450-3810 1577643354118 211.87 05/18/2004 101-450-5200-43810 1684846045117 11.81 05/18/2004 602-495-9450-43810 1957348187118 12.97 05/18/2004 602-495-9450-43810 • AP - Computer Check Proof List (05/13/2004 - 3:53 PM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference 2045967139120 453.83 05/18/2004 601-494-9400-43810 2175049940118 93.26 05/18/2004 101-450-5200-43810 2332806007122 1,520.20 05/18/2004 101-430-3100-43810 Check Total: 3,450.30 Total for Check Run: 85,198.19 Total Number of Checks: 50 AP - Computer Check Proof List (05/13/2004 - 3:53 PM) Page 8 Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 PETERSON, FRAM&BERGMAN /,w c� Ur rr orw.w r u.r.r rmw.w.w�ral r: W ■ rwe � ACCOUNT NO: (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 04/30/2004 11135M FEES EXPENSES ADVANCES BALANCE 11135-030008 SIMICH FENCE 275.00 0.32 0.00 $275.32 11135-040003 MANNING TRAIL ANNEXATION 44.00 0.00 0.00 $44.00 11135-040004 NORTHERN NATURAL GAS - PIPELINE 33.00 0.00 0.00 $33.00 11135-920001 Administration 1,972.50 1.61 20.55 $1,994.66 2,324.50 1.93 20.55 $2,346.98 /6/-4/d-/6/0— 9,30 YO THIS STATEMENT IS DBE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL SE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 PF- 'FRSON, F['1MC'BERGMAN ,arn,IIS*R.YF-fl j, Pati salleI.&tsnisla (651) 291-8955 (65I) 228-1753 facsimile Federal Tax ID #41.0991098 Page: 1 CITY OF LAKE ELMO 04/30/2004 3800 LAVERNE AVENUE NORTH ACCOUNT NO: 11135-030008M LAKE ELMO MN 55042 STATEMENT NO: 4 SIMICH FENCE 04/09/04 JPF Telephone conference with Ms Simich; Johnston re: meeting dates. 04/12/04 JPF Telephone conference with adm; Simich re: meetings. 04/13/04 JPF Conference with Adm; bldg inspec; Johnson; Simich re: fence compliance. 04/14/04 JPF Letter to Simich re: status. 04/30/04 JPF Telephone, conference with Simich re: status of quotes for fence revisions. Jerome P. Fills FOR CURRENT SERVICES RENDERED HOURS 0.30 33.00 0.30 33.00 1.30 143.00 0.30 33.00 0.30 33.00 2.50 275.00 2.50 275.00 Photocopies 0.30 TOTAL EXPENSES THRU 04/30/04 SALES TAX ON EXPENSES TOTAL CURRENT WORK 0.30 0.02 275.32 BALANCE DUE $275.32 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 PETERSON. FPAM&'BERGMAN Iitaniaritfligairtnitias :rrrrj (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 CITY OF LAKE ELMO 04/30/2004 3800 LAVERNE AVENUE NORTH ACCOUNT NO: 11135-040003M LAKE ELMO MN 55042 STATEMENT NO: 2 MANNING TRAIL ANNEXATION 04/09/04 JPF Revise JT resol; tele and corr Prew. Jerome P. Filla FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE HOURS 0.40 44.00 0.40 44.00 0.40 44.00 44.00 $44.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTHS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 PE 'ERSON, FRAMCIBERGMAN p9YIM'Y7Y%t.'IY-' atintit aitif. .'st suns t Ses.Io (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 CITY OF LAKE ELMO 04/30/2004 3800 LAVERNE AVENUE NORTH ACCOUNT NO: 11135-040004M LAKE ELMO MN 55042 STATEMENT NO: 2 NORTHERN NATURAL GAS - PIPELINE 04/20/04 JPF Telephone conference with Land Trust re: consv esmt; landscaping request to NN Gas. Jerome P. Filla FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE HOURS 0.30 33.00 0.30 33.00 0.30 33.00 33.00 $33.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-I I97 PFTERSON, FRAMC'BERGMAN I21ItUy!vM.'R-Yftuorimi sK7.wur ral iltu1a (65[1 291-8955 (651) 228-1753 facsimile Federal Tax ID -841.0991098 Page: 1 CITY OF LAKE ELMO 04/30/2004 3800 Laverne Avenue North ACCOUNT NO: 11135-920001M Lake Elmo MN 55042 STATEMENT NO: 148 Administration 04/06/04 JPF Review council agenda; tele adm. JPF Prepare for and attend council meeting. 04/07/04 JPF Review proposed personnel reg revisions; tele clerk. 04/09/04 JPF Review PC agenda. JPF Telephone conference with Prew re: Hagberg esmt. 04/13/04 JPF Prepare for code enforcement workshop. JPF Telephone conference with adm re: Simich; re: Zafte investigation; re: animal cruelty investigation. JPF Telephone conference with Hunt re: Johnson memo. 04/14/04 JPF Review Moris, Blackford, Dev K, esmt and esmt vacation; tele planner and clerk. 04/16/04 JPF Review city maps re: Morris ppty esmts; conf clerk and planner. 04/19/04 JPF Review agenda; tele planner. 04/20/04 JPF Review Martins subp; release form; rev personnel file; conf Tom B; tele and corr Atty Bowsfield re: records and depo; research workers comp regs. JPF Prepare for and attend council meeting. 04/21/04 JPF Review Cimarron Gas Service inspec agreement; tele planner re: revisions. 04/22/04 JPF Telephone conference with Atty Anastasi re: city esmts, Morris ppty. 04/23/04 JPF Review PC agenda, history of use, old city files. HOURS 0.60 66.00 3.10 341.00 1.10 121.00 0.30 33.00 0.20 22.00 0.90 99.00 0.30 33.00 0.30 33.00 1.10 121.00 0.80 88.00 0.50 55.00 2.10 231.00 2.20 242.00 0.50 47.50 0.40 44.00 0.80 88.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL RE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO Administration PF'ERSON. FRAMC'BERGMAN I�itMlr{WaF.Yn'lIR1Wel%�'71M:R.%ilefpwW:� W'i11� (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 2 04/30/2004 ACCOUNT NO: 11135-920001M STATEMENT NO: 148 04/26/04 JPF Telephone conference with L. Hardy re: code enforcement. JPF Telephone conference with Adm re: code enforcement. 04/27/04 JPF Telephone conference with Siedow re: resign corr. 04/28/04 JPF Telephone conference with clerk re: liquor regs; review. 04/30/04 JPF Telephone conference with clerk re: resol accept Seidow resignation and appt process. JPF Telephone conference with planner; rev fence regs; draft moratorium; corr to planner. Jerome P. Filia FOR CURRENT SERVICES RENDERED HOURS 0.30 33.00 0.30 33.00 0.20 22.00 0.50 55.00 0.30 33.00 1.20 132.00 18.00 1,972.50 18.00 1,972.50 Fax Charge - Local 1.50 TOTAL EXPENSES THRU 04/30/04 1.50 SALES TAX ON EXPENSES 0.11 04/20/04 Messenger Service - CITYSPRINT TOTAL ADVANCES TOTAL CURRENT WORK 20.55 20.55 1,994.66 BALANCE DUE $1,994,66 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECENED AFTER THE LAST DAV OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 RSTERSON, FRAMCYBERGMAN 1YR[i •S*Vt lRrlt wMM:w.%arywtWwH.J ACCOUNT NO: FEES EXPENSES ADVANCES 11140-030001 Misc Prosecutions 2,735.00 26.54 0.00 11140-030012 Magee, Robert H. Reckess driving, leave scene of accident 22.50 0.00 0.00 11140-030110 Jerry, Michael Dennis 5th degree domestic assault Violate OFP 5.00 0.00 10.00 11140-030170 Kuehn, James 430.00 0.00 0.00 11140-030205 Horning, Erick Paul DAS 5.00 0.00 11140-030219 Zafft, Marsha Ann criminal damage to property 22.50 11140-030243 Burch, Kenneth Milton test refusal, 3rd degree DUI 22.50 11140-040032 Langseth, Cindy Lee domestic assault 0.00 0.00 5.00 0.00 (651) 291-8955 (651) 228.1753 facsimile Federal Tax ID #41.0991098 Page: 1 04/30/2004 11140M BALANCE $2,761.54 $22.50 $15.00 $430.00 0.00 $5.00 0.00 $22.50 0.00 $22.50 10.00 $15.00 /0/- {ia..46/o- I/304Sr _5%5N,oY THIS STATEMENT 1S DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO PB'ERSON. FRAMCIBERGIVIAN 11140-040036 Pilquist, John Walfred 3rd degree DUI 11140-040051 Post, Daniel Christopher DAS ACCOUNT NO: FEES EXPENSES ADVANCES 45.00 0.00 0.00 5.00 11140-040052 Simonton, William James Christian 3rd degree DUI 30.00 11140-040058 Vang, Cheng Johnny school bus arm violation 27.50 11140-040060 Luger, Tyson DAR, no insurance 5.00 11140-040072 Conterras, Luis Enrique Tapia no insurance, open bottle 5.00 11140-040074 Friedrich, Andrea Mary 4th degree DUI, unsafe change of course 11140-040076 Hulbert, Martin J. DAR 0.00 0.00 0.00 0.00 0.00 5.00 0.00 5.00 0.00 11140-040080 Graham, Daniel Joseph revoked plates, open bottle, no insurance 10.00 0.00 0.00 0.00 0.00 0.00 (6511 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 2 04/30/2004 11140M BALANCE $45.00 $5.00 $30.00 $27.50 $5.00 0.00 $5.00 0.00 $5.00 0.00 $5.00 0.00 $10.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OE THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO 11140-040081 Berg, Roberta Joseph GM -school bus arm violation 67.50 0.00 11140-040082 Fredrickson, Adam Gregory 4th degree DUI, allow open bottle 37.50 0.00 11140-040083 Belluzzo, Jennifer Lynn 2nd degree DUI 172.50 0.00 11140-040084 Berrisford, James GM -interfere with 911 call, domestic assault 5.00 11140-040085 Hendrickson, Josh Eugene no proof of insurance, no insurance 5.00 11140-040086 Johnson, Dustin James no proof of insurance, no insurance 5.00 11140-040087 Paine, Douglas Spaulding DAS 11140-040088 Lee, Matthew James Violate Court Order 11140-040089 Erickson, Lisa Lorraine trespassing 0.D0 0.00 0.00 5.00 0.00 5.00 0.00 5.00 0.00 PFTERSON. FRAM&BERGMAN rycM/lH1y�l.�3i.Ytl1{1k *e1tM1.42141010BI.taiii MJ ACCOUNT NO: (651) 291-8955 (651) 228.1753 facsimile Federal Tax ID #41-0991098 FEES EXPENSES ADVANCES 0.00 Page: 3 04/30/2004 11140M BALANCE $67.50 0.00 $37.50 0.00 $172.50 0.00 $5.00 0.00 $5.00 0.00 $5.00 0.00 $5.00 0.00 $5.00 0.00 $5.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO PETERSON. FRAMC'BFRGMAN 1i111Of aICxY. is YUIetursta.'IY. otaiirI:1Yeasbd 11140-040090 Stromberg, Alex Gregory DAR 11140-040091 Gray, Angela inattentive driving FEES EXPENSES 5.00 0.00 5.00 0.00 11140-040092 Jones, Robert Charles 4th degree DUI, possess drug paraphenilia, small amt of mj in my 10.00 11140-040093 Johnson, Jeffrey Michael DAS, illegal turn 0.00 5.00 0.00 11140-040094 Vorhies, Christopher W. small amout of marijuana in m.v, possess drug paraphenilia 5.00 11140-040095 Washburn, Dale Eugene DAS 11140-040096 Schuckert, Mark DAR 11140-040097 Olson, Delores Hattie forged check 0.00 5.00 0.00 5.00 0.00 35.00 0.00 11140-040098 Mechtel, Kirk James GM-DAC-IPS, small amount of marijuana in motor vehicle 67.50 0.00 ACCOUNT NO: (6511291-8955 (6511 228-1753 facsimile Federal Tax ID #41-0991098 Page: 4 04/30/2004 11140M ADVANCES BALANCE 0.00 $5.00 0.00 $5.00 0.00 $10.00 0.00 $5.00 0.00 $5.00 0.00 $5.00 0.00 $5.00 0.00 $35.00 0.00 $67.50 THIS STATEMENT 1S DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO PWERSON, FRAMCYBERGMAN IJtattra ihainsnt■rYr:r1.71.*s*.YjsSflj 11140-040099 Bubb, Jason Earl DAS 11140-040100 Dickman, Amber M. no insurance ACCOUNT NO: FEES EXPENSES ADVANCES 5.00 0.00 0.00 5.00 11140-040101 Kamas, Gabriel Anthony DAS, fail to obey stop sign 5.00 11140-040102 Gifford, Robert E. DAR, no insurance 0.00 0.00 5.00 0.00 11140-040103 Schrachta, Teresa M. no proof of insurance, marijuana in a motor vehicle 5.00 0.00 11140-040104 Rodriguez, Ramon James Violation of Protection Order 27.50 11140-040105 Rychlik, Waclaw Andrew 2nd degree DUI 11140-040106 Yang, Jay DAR 0.00 5.00 0.00 5.00 0.00 11140-040107 Watson, Michael Robert DAR, expired registration 5.00 0.00 0.00 0.00 (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41.0991098 Page: 5 04/30/2004 11140M BALANCE $5.00 $5.00 $5.00 0.00 $5.00 0.00 $5.00 0.00 $27.50 0.00 $5.00 0.00 $5.00 0.00 $5.00 THIS STATEMENT 1S DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTWS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO PE TERSON, FRAM&BERGMAN prolinithamsswilithvor • 4taPiIhKIW:itIYM/YI'W 11140-040108 Driehorst, Ryan Allan DAR ACCOUNT NO: (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41.0991098 Page: 6 04/30/2004 11140M FEES EXPENSES ADVANCES BALANCE 5.00 0.00 11140-040109 Ajuchan, Carlos no insurance, no MN DL, fail to yield to emergency vehicle 5.00 11140-040110 Bierbrauer, George A. III DAR, cracked windshield 0.00 5.00 0.00 3,917.50 26.54 0.00 $5.00 0.00 $5.00 0.00 $5.00 20.00 $3,964.04 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVER AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101.1197 PETERSON._ FRAMC.'BERGMAN neritswavinsentilidinsiolittatzitqaillilumitsill CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 ACCOUNT NO; (651) 291-8955 (651) 228.1753 facsimile Federal Tax ID #41-0991098 Page: 1 04/30/2004 11145M FEES EXPENSES ADVANCES BALANCE 11145-040002 HAGBERG - VFW BALL FIELD EASEMENT 88.00 0.00 0.00 $88.00 88.00 0.00 0.00 $88.00 910- zigta - 60n0 113©YO THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEWED AFTER THE LAST DAY OF THE MONTH WILL DE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St, Paul, MN 55101-1197 PWFERSON. FRAM YBERGMAN fyteisanStianloWLe YMikeae F`ingorla:WIWIrSt (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID 041.0991098 Page: 1 CITY OF LAKE ELMO 04/30/2004 3800 LAVERNE AVENUE NORTH ACCOUNT NO: 11145-040002M LAKE ELMO MN 55042 STATEMENT NO: 1 HAGBERG - VFW BALL FIELD EASEMENT 04/14/04 JPF Review eng memo; draft esmt for utilities on VFW field; corr to Prew. Jerome P. Filla FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE HOURS 0.80 88.00 0.80 88.00 0.80 88.00 88.00 $88.00 THIS STATEMENT IS DDE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS DECEIVED AFTER THE LAST DAY OF THE MONTH WILL DE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-I 197 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 PERSON, FRAMCYBERGMAN ttat4OUA%'SteteVibateellhe-7i-te*.etb:®Qtrtime 11155-030003 LAKE ELMO VS. HODZIAK 16511 291-8955 (6511 228-1753 facsimile Federal Tax ID 841-0991098 ACCOUNT NO: FEES EXPENSES ADVANCES 654.00 0.43 0.00 654.00 0.43 0.00 icy- Via-/4/D- `¢Jogb Page: 1 04/30/2004 11155M BALANCE $654.43 $654.43 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Firth Street St. Paul, MN 55101-1197 PETERSON, FRAM&BERGMAN il'dtatiodM.'ar.7 WotriakatNYtaliciF'RW alitubYattarrt (651) 291-8955 (650 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 CITY OF LAKE ELMO 04/30/2004 3800 LAVERNE AVENUE NORTH ACCOUNT NO: 11155-030003M LAKE ELMO MN 55042 STATEMENT N0: 10 LAKE ELMO VS. BODZIAK 04/06/04 JPF Telephone conference with bldg insp; clerk of ct re: status. 04/12/04 JPF Telephone conference with Atty Olson re: stip, judgment, PT; tele adm same. 04/13/04 JPF Review proposed conf of judgment; tele Atty Allan; revise. 04/14/04 JPF Telephone conference with Atty Olson; revise conf of judgment. 04/15/04 JPF Telephone conference with clerk of ct; Atty Olson re: conf of judgment. 04/16/04 JPF Attend PT; conf Judge and deft atty re: settlement. HOURS 0.40 54.00 0.40 54.00 0.90 121.50 0.30 40.50 0.30 33.00 1.10 04/21/04 JPF Telephone conference with Atty Olson; prep stip of disco; corr to Olson and clerk of ct. 1.10 04/30/04 JPF Letter to Judge Maas re: stip, disco w/o prejudice; conf of judgment. 0.40 Jerome P. Fills 148.50 148.50 54.00 4.90 654.00 FOR CURRENT SERVICES RENDERED 4.90 654.00 Photocopies 0.40 TOTAL EXPENSES THRU 04/30/04 0.40 SALES TAX ON EXPENSES 0.03 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL RE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St, Paul, MN 55101-1197 PETERSON. FRAM�BERGMAN �oX:Xax�t.�Xea.�arAarR.`iteY�m�Yte CITY OF LAKE ELMO LAKE ELMO VS. BODZIAK TOTAL CURRENT WORK BALANCE DUE (6511 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 2 04/30/2004 ACCOUNT NO: 11155-030003M STATEMENT NO: 10 654.43 $654.43 THIS STATEMENT 1S DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAV OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 —�i� 7� PETERSON. FRAMC'. BERGMAN R:tlIAA6iL�'A�ffie�cR;�UtU.Y¢-3[ayCeI91F• a � 11161-040001 Belluzzo, Jennifer Lynn vehicle forfeiture 11161-040002 Rychlik, Waclaw Andrew vehicle forfeiture ACCOUNT NO: (6511 291-8955 (6511 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 04/30/2004 11161M FEES EXPENSES ADVANCES BALANCE 104.00 0.00 0.00 $104.00 5.00 0.00 0.00 $5.00 109.00 0.00 0.00 $109.00 /bi-4"V-(6/0-//70L5 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101.1197 PETERSON. FRAMC'BERGMAN I:YtBB.' tql*--ignigl1:R?:kzit getIAWAusiLaeQy (6511 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 CITY OF LAKE ELMO 04/30/2004 3800 LAVERNE AVENUE NORTH ACCOUNT NO: 11161-040001M LAKE ELMO MN 55042 STATEMENT NO: 1 Belluzzo, Jennifer Lynn vehicle forfeiture 04/02/04 JPF Letter to WCS re: forfeiture of car. 04/07/04 JPF Telephone conference with suspect; WCS re: release of car; tele deft atty; corr to WCS. Jerome P. Filia 04/06/04 CLE Open file and prepare status sheet. Connie L. Egge FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE HOURS 0.30 33.00 0.60 66.00 0.90 99.00 0.10 5.00 0.10 5.00 1.00 104.00 104.00 $104.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 PFTFRSON, FRAM&BERGMAN (6511291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 CITY OF LAKE ELMO 04/30/2004 3800 LAVERNE AVENUE NORTH ACCOUNT NO: 11161-040002M LAKE ELMO MN 55042 STATEMENT NO: 1 Rychlik, Waclaw Andrew vehicle forfeiture 04/30/04 CLE Open file and prepare status sheet. Connie L. Egge FOR CURRENT SERVICES RENDERED HOURS 0.10 5.00 0.10 5.00 0.10 5.00 TOTAL CURRENT WORK 5.00 BALANCE DUE $5.00 THIS STATEMENT 1S DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Mayor Lee Hunt Councilmembers Steve DeLapp Agenda Item: Planning Commission Resignation Susan Dunn Dean Johnston Date: May 18, 2004 No. 4B Agenda Section: Consent Agenda Background Information for Mav 18. 2004. Planning Commissioner Julie Bunn resigned her commission on May 13, 2004. The Planning Commission now has one opening and three applications on file. The City Council interviewed the three applicants on January 27, 2003. Those applicants were Gloria Knoblauch, LeRoy Rossow, and Charles Schneider. Ms. Bunn became a Full Voting Member of the Planning Commission on June 3, 2002. The City Council accepts her resignation, and thanks her for her service to the residents of Lake Elmo. Motion , Second , to accept the resignation of Planning Commissioner Julie Bunn, and to send a letter of appreciation for her contributions to the residents of the City of Lake Elmo. The Planning Commission now has eight Full Voting Members, and two alternates. First Alternate Planning Commissioner Jim Van Pelt should be appointed as a Full Voting Member to finish the term of Julie Bunn that expires on December 31, 2006. Motion , Second . to appoint Jim Van Pelt as Full Voting Member of the Planning Commission to finish a term that expires on December 31, 2006. Second Alternate Planning Commissioner Elizabeth Johnson should be appointed as First Alternate. Motion , Second . to appoint Elizabeth Johnson as Full Voting Member of the Planning Commission. Jo& A. gtivrvh. iuliebunn us@.vahoo.com May 13, 2004 City Council Lake Elmo, MN (690 749.1448 2R86 Wu E.C,+.o Ave. N. 1.44. E10.0, MN SSO42 Dear Mayor Hunt and Council Members Delapp, Dunn and Johnston, I am writing to you to respectfully submit my resignation from the Lake Elmo Planning Commission. I have recently made a decision to take on a significant professional commitment over the next two years that requires that I redirect my time and mental energies almost entirely in its direction. Hence, while I greatly enjoy involvement in civic life and have long been devoted to public service, for a couple of years at least, while I explore this new direction, I am limiting my outside commitments. I appreciate having had the opportunity to serve the City and our community as a Planning Commissioner these past three and one-half years. I hope that my skills as an economist and policy analyst were helpful to the Commission's deliberations. I tried to play a thoughtful, constructive and positive role as we tackled some challenging planning topics. I am particularly proud of our work on providing feedback to the drafting of the facilities and staffing report, and our extensive work related to the Old Village Housing Study. The Commission experience has also led me to have great respect for the Council's and the Planning Commission's devotion to serving our community. Even the day-to-day leadership and oversight tasks require a tremendous commitment of volunteer time. On top of this, as we all know, the City has faced, and will continue to face great challenges, as the City grows and changes (even if in accordance with our own Comprehensive Plan). Despite this, and the heated debate that sometimes occurs because of it, I am continually impressed by the good intentions that those on all sides of the debate harbor for our City. As a new resident in 2000, I learned a great deal about our community through the Planning Commission experience, and greatly enjoyed meeting all of you, my fellow Commissioners, and the City staff. I look forward to maintaining many of those relationships. I thank you for allowing me to serve, and for your many years of service to the City. Sincerely, C ' Cc: Chuck Dillerud, City Planner, and Bob Helwig, Chair Planning Commission Bob Helwig -Chair Jeff Berg - Vice Chair Todd Ptacek Rodney Sessing Kathy Sedro Mark Deziel Julie Ann Bunn - Secretary Jennifer Pelletier Thomas Meldahl Jim Van Pelt, 1st Alt Liz Johnson, 2nd Aft Todd Williams Wyn John David Herreid 2004 ATTENDANCE CALCULATED City of Lake Elmo PLANNING COMMISSION Attendance - 2004 JAN. 94 JAN. 96 SEP. 98 AUG. 97 SEP. 98 APR. 02 (Mandel) 02 (Herber) 2005 2004 2004 2004 2005 2006 2006 JAN. 03 (Taylor:Brass) 2006 JAN. 03 (Armstrong) 2005 2/4/2003 2/4/2003 Jan. 2001 2006 JAN FEB MAR APR 12 26 9 23 15 29 12 26 1 1 1 1 1 1 1 1 1 1 o 1 1 1 7 7 1 1e i—' 1 1 1 1 1 ., t, 1 1 1 1 1 1 1 1 1 1 1 1 6 9 7 7 8 9 9 0 100.0% 66.7% 66.7% 55.6% 77.8% 88.9% 77.8% 77.8% 22.2% 55.6% 77.8% 0.0% 0.0% 0.0% 1 = Attended, 0 = Absent c-- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004-44 RESOLUTION AUTHORIZING SIGNATURE FOR PAYMENTS OF FUNDS FROM THE LAKE ELMO BANK WHEREAS, the City has designated the Lake Elmo Bank as the official depository for the funds of the City of Lake Elmo; and WHEREAS, Martin Rafferty was appointed City Administrator by the City Council. NOW, THEREFORE, BE IT RESOLVED THET THE CITY COIJNCIL OF THE CITY OF LAKE ELMO, MINNESOTA APPROVES: Martin Rafferty to sign checks and orders for payments of money and withdraw funds on deposits with the Lake Elmo Bank, ADOPTED, by the Lake Elmo City Council on the 18th day of May, 2004. Lee Hunt, Mayor ATTEST: Martin S. Rafferty, City Administrator II Monthly Operating Report As of 5/14/2004 (Periods 1-5) 2004 2004 2004 Description Budget Per Range Amt Variance Mayor & Council Part-time Salaries $12,100.00 $0.00 FICA Contributions $750.00 $232.50 Medicare Contributions $176.00 $54.35 Travel Expense $450.00 $3,750.00 Miscellaneous $4,000.00 $13,021.40 Dues & Subscriptions $5,500.00 $2,477.00 Conferences & Training $5,000.00 $0.001 Sub Total $27,976.00 $19,535.25 1 Comments $12,100.00 $517.50 $121.65 -$3,300.00 Administrator Search-Brimeyer Group - $ 12,684 -$9,021.40 Assoc. of Metro. Muncipalities Dues - $ 2422.00, Human Rights -$ 55.00 $3,023.00 $5,000.00 $8,440.75 Administration Full-time Salaries $124,020.00 $34,273.82 $89,746.18 PERA Contributions $6,858.00 $1,430.11 $5,427.89 FICA Contributions 1 $7,689.00 $2,133.29 $5,555.71 Medicare Contributions $1,798.00 $499.01 $1,298.99 Health/Dental insurance $21,834.00 $4,057.40 $17,776.60 Workers Compensation 1 $1,688.00 $0.00 $1,688.00 Office Supplies $7,000.00 $2,102.33 $4,897.67 Printed Forms $800.00 $0.00 $800.00 Newsletter/Website $14,000.00 $2,252.77 $11,747.23 (Postage $9,500.00 $3,810.12 $5,689.88 Travel Expense $1,500.00 $135.00 $1,365.00 Legal Publishing $6,000.00 $1,231.88 $4,768.12 ,Insurance $27,360.00 $29,581.00 -$2,221.00 Annual Premiums Paid ;Miscellaneous $6,000.00 $2,444.20 $3,555.80 ;(Dues & Subscriptions $1,500.00 $1,567.66 -$67.66 1 Books $500.00 $0.00 $500.00 Conferences & Training $2,500.00 $20.00 $2,480.00 Transfer Out $70,500.00 $0.00 $70,500.00 Sub Total $311,047.00 $85,538.59 $225,508.41 Elections Part-time Salaries $7,000.00 $0.00 $7,000.00 Office Supplies $100.00 $0.00 $100.00 Printed Forms $300.00 $0.00 $300.00 Travel Expense $50.00 $0.00 $50.00 Miscellaneous $800.00 $340.00 $460.00 Sub Total $8,250.00 $340.00 $7,910.00 Description Finance Full-time Salaries PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance Office Supplies Printed Forms Software Support Hardware Support Software Programs Travel Expense Miscellaneous Books Conferences & Training Sub Total Accounting Services Assessing Services Legal Services Legal Services Civil Attorney Criminal Sub Total Planning & Zoning Full-time Salaries PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance Workers Compensation Office Supplies Printed Forms Zoning Ordinance Dev - CDBG Cimarron Study - CDBG Comprehensive Planning Engineering Services Legal Services Old Village Tax Abatement Travel Expense Miscellaneous Dues & Subscriptions IBooks [Conferences & Training Sub Total 2004 2004 Budget Per Range Amt $41,432.001 $8,224.37 $2,569.001 $427.97 $2,291.001 $510.23 $601.00 $119.31 $7,318.00 $691.54 $800.00 $0.00 $1,000.00 $0.00 $4,000.00 $350.00 $2,000.00 $0.00 $3,000.00 $500.00 $1,000.00 $5.00 $200.00 $118.00 $200.001 $0.00 $1,000.00 $20.00 $67,411.00 $10,966.42 $24,000.00 $18,485.69 $35,000.00 $15,000.00 $45,000.001 $60,000.00 $75,586.00 $4,180.00 $4,686.00 $1,096.00 $11,686.00 $847.00 $500.00 $500.00 $0.00 $10,000.00 $10,000.00 $2,500.00 $1,000.00 $73,148.00 $2,000.00 $200.00 $500.00 $200.00 $2,500.00 $201,129.00 $6,800.00 2004 Variance $33,207.63 $2,141.03 $1,780.77 $481.69 $6,626.46 $800.00 $1,000.00 $3,650.00 $2,000.00 $2,500.00 $995.00 $82.00 $200.00 $980.00 $56,444.58 $5,514.31 2003 Annual City Audit $28,200.00 $11,603.87 $3,396.13 $14,230.49 $30,769.51 $25,834.36 $34,165.64 $24,303.61 1 $1,998.64 $1,518.37 $355.08 $2,297.32 $0.00 $36.75 $0.001 $6,923.43 $0.00 $0.00 $0.00 $0.00 $20,504.25 $584.75 $0.00 $115.00 $0.00 $635.36 $59,272.56 Comments $51,282.39 $2,181.361 $3,167.63 $740.92 $9,388.68 $847.00 $463.25 $500.00 -$6,923.43 Expense will be offset by Revenue Funds $10,000.00 $10,000.00 $2,500.00 $1,000.00 $52,643.75 $1,415.25 $200.00 $385.00 $200.00 $1,864.64 $141,856.44 1 1 2 Description Engineering Services Attorney Fees Gov't Buildings Cleaning Supplies Building Repair Supplies Telephone Electric Utility Refuse Repairs/Maint Contractual Bldg Repairs/Maint Contractual Eqpt Miscellaneous Sub Total 1 Law Enforcement Contract Fire Full-time Salaries Part-time Salaries PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance Workers Compensation 'Office Supplies Printed Forms EMS Supplies Fire Prevention Fuel Equipment Parts Building Repair Supplies Small Tools & Equipment Physicals Telephone Radio Travel Expense Vehicle Insurance Electric Utility Repairs/Maint Contractual Bldg Repairs/Maint Contractual Eqpt Rentals - Building Uniforms Miscellaneous Dues & Subscriptions 2004 Budget $26,000.00 $100,000.00 $500.00 $500.00 $6,500.00 $5,000.00 $2,040.00 $8,000.00 $6,000.00 $400.00 $28,940.00 $322,000.00 $17,434.00 $93,850.00 $964.00 $5,583.00 $1,306.00 $3,127.00 $2,469.00 $1,500.00 $750.00 $2,000.00 $4,000.00 $4,500.00 $0.00 $1,000.00 $1,200.00 $2,000.00 $4,600.00 $7,500.00 $2,000.00 $11,792.00 $4,400.00 $7,000.00 $23,000.00 $1,080.00 $9,500.00 $1,300.00 $2,300.00 2004 Per Range Amt $6,503.75 $48,411.49 $39.30 $85.62 $1,368.24 $2,054.11 $383.56 $3,909.62 $1,997.27 $217.41 $10,055.13 $157,791.08 $3,472.95 1 $51,668.17 $189.04 $3,418.69 $799.57 $348.87 $0.00 $0.00 $0.00 $0.00 $0.00 $693.29 $348.00 $50.07 j $54.00 $2,123.00 $1,061.54 $97.40 $798.90 $12,908.00 $2,456.06 $2,040.00 $2,084.94 $360.00 $2,012.53 $617.72 $1,958.45 2004 Variance $19,496.25 $51,588.51 $460.70 $414.38 $5,131.76 $2,945.89 $1,656.44 $4,090.38 $4,002.73 $182.59 $18,884.87 $164,208.92 $13,961.05 $42,181.83 $774.96 $2,164.31 $506.43 $2,778.13 $2,469.00 $1,500.00 $750.00 $2,000.00 $4,000.00 $3,806.71 - $348.00 $949.93 $1,146.00 - $123.00 $3,538.46 $7,402.60 $1,201.10 -$1,116.00 Annual Premiums Paid $1,943.94 $4,960.00 $20,915.06 $720.00 $7,487.47 $682.28 $341.55 Comments 3 Description Books 1 Conferences & Training Pension Contribution Fire State Aid Equipment Transfer Out Sub Total Building Inspections Full-time Salaries PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance Workers Compensation Office Supplies Printed Forms Fuel Engineer Sery Utility Permits Plan Review Charges Surcharge Payments Telephone Travel Expense llnsurance Repairs/Maint Contractual Eqpt Rentals - Building Uniforms Miscellaneous Dues & Subscriptions Books Conferences & Training Transfer Out 2004 2004 Budget Per Range Amt $200.00 $0.00 $15,000.00 $4,465.00 $41,000.00 $0.00 $25,000.00 $0.00 $10,000.00 $233.85 $60,000.00 $0.00 $367,355.00 $94,260.04 $113,365.00 $40,476.15 $6,292.00 $2,033.60 I $7,029.00 $2,515.70 $1,644.00 $588.36 $23,588.00 $5,336.93 $616.00 $0.00 $1,000.00 $370.62 $1,500.00 $298.20 $3,000.00 $151.13 $3,000.00 $0.00 $5,000.00 $0.00 $13,500.00 -$2,110.52 $0.00 $511.44 $1,000.00 $100.00 $877.00 $872.00 $500.00 $963.92 $4,000.00 $1,597.50 $600.00 $87.16 $200.00 $79.50 $300.00 $405.00 $300.00 $0.00 $2,500.00 $275.00 $5,000.00 $0.00 Sub Total $194,811.00 $54,551.69 Civil Defense Animal Control Printed Forms Contract Services Impounding Miscellaneous $9,000.00 $0.00 $500.00 $5,600.00 $6,000.00 $400.00 Sub Total $12,500.00 $0.00 $3,004.19 $0.00 $0.00 $3,004.19 2004 Variance $200.00 $10,535.00 $41,000.00 $25,000.00 $9,766.15 $60,000.00 $273,094.96 $72,888.85 $4,258.40 $4,513.30 $1,055.64 $18,251.07 $616.00 $629.38 $1,201.80 $2,848.87 $3,000.00 $5,000.00 $15,610.52 -$511.44 $900.00 $5.00 Annual Premiums Paid -$463.92 $2,402.50 $512.84 $120.50 -$105.00 $300.00 $2,225.00 $5,000.00 $140,259.31 $9,000.00 $500.00 $2,595.81 $6,000.00 $400.00 $9,495.81 Comments 1 4 2004 2004 2004 Description Budget Per Range Amt Variance Comments Public Works Full-time Salaries $106,087.00 $33,852.03 $72,234.97 Part-time Salaries $0.00 $900.00 -$900.00 PERA Contributions $5,867.00 $1,767.35 $4,099.65 FICA Contributions $6,577.00 $2,154.62 $4,422.38 Medicare Contributions $1,538.00 $503.91 $1,034.09 Health/Dental Insurance $24,607.00 $3,817.13 $20,789.87 Workers Compensation $3,773.00 $0.00 $3,773.00 Office Supplies $300.00 $0.00 $300.00 Fuel $8,500.00 $5,248.44 $3,251.56 Fuel rates increased more than budgeted Shop Materials $2,500.00 $550.51 $1,949.49 Equipment Parts $10,000.00 $1,686.53 $8,313.47 Building Repair Supplies $1,000.00 $573.88 $426.12 Street Maintenance Materials $22,500.00 $168.21 $22,331.79 Landscaping Materials $2,500.00 $202.09 $2,297.91 Sign Repair Materials $4,000.00 $376.21 $3,623.79 Sand/Salt $20,000.00 $4,808.16 $15,191.84 Small Tools & Minor Equipment $1,500.00 $458.71 $1,041.29 Engineering Services $2,000.00 $0.00 $2,000.00 Contract Services $22,500.00 $20,972.00 $1,528.00 Telephone $3,750.00 $763.38 $2,986.62 Radio $200.00 $0.00 $200.00 Travel Expense $500.00 $0.00 $500.00 Insurance $11,265.00 $13,603.00 -$2,338.00 Annual Premiums Paid Electric Utility $6,500.00 $3,618.02 $2,881.98 Refuse $250.00 $383.56 -$133.56 Repairs/Maint Contractual Bldg $2,000.00 $412.00 $1,588.00 Repairs/Maint Imp Not Bldgs $1,500.00 $1,411.17 $88.83 Repairs/Maint Contractual Eqpt $4,500.00 $3,581.99 $918.01 Springs Replaced - Public Works Truck - $1935.00 Rentals - Buildings $1,500.00 $0.00 $1,500.00 Uniforms $900.00 $695.62 $204.38 Miscellaneous $2,000.00 $821.66 $1,178.34 Dues & Subscriptions $500.00 $0.00 $500.00 Conferences & Training $500.00 $100.00 $400.00 Clean-up Days $9,500.00 $50.00 $9,450.00 Other Equipment $12,250.00 $0.00 $12,250.00 Transfer Out $78,693.00 $0.00 $78,693.00 Sub Total $382,057.00 $103,480.18 $278,576.82 Street Lighting $16,800.00 $5,045.00 $11,755.00 5 2004 2004 2004 Budget Per Range Amt Variance Comments Description Sanitation Recycling Supplies Newsletter Miscellaneous Sub Total Parks Full-time Salaries Part-time Salaries PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance Workers Compensation Office Supplies Fuel I Shop Materials Chemicals Equipment Parts Building Repair Supplies Landscaping Materials Small Tools & Minor Equipment Telephone Travel Expense Insurance Electric Utility Refuse Repairs/Maint Contractual Bldg Repairs/Maint Imp Not Bldgs Repairs/Maint Contractual Eqpt Rentals - Buildings Uniforms Miscellaneous Dues & Subscriptions Conferences & Training Transfer Out $6,000.00 $0.00 $6,000.00 $5,000.00 $0.00 $5,000.00 $7,100.00 $0.00 $7,100.00 $18,100.00 $0.00 $18,100.00 $58,215.00 $23,550.00 $3,219.00 $5,069.00 $1,186.00 $9,916.00 $2,819.00 $250.00 $2,200.00 $1,000.00 $500.00 $4,000.00 $1,000.00 $10,000.00 $1,000.00 $1,500.00 $0.00 $2,900.00 $6,050.00 $2,400.00 $2,000.00 I $5,000.00 $1,000.00 $2,500.00 $400.00 $100.00 $100.00 $400.00 $16,500.00 Sub Total $164,774.00 $16,308.76 $5,656.44 $1,048.08 $1,363.41 $318.92 $1,329.28 $0.00 $0.00 $176.18 $105.96 $0.00 $559.51 $38.51 $391.98 $45.49 $399.55 $25.00 $3,084.00 $2,708.91 $735.84 $1,060.93 $90.53 $6.38 $281.04 $52.37 $128.00 $0.00 $0.00 $0.00 $35,915.07 $41,906.24 $17,893.56 $2,170.92 $3,705.59 $867.08 $8,586.72 $2,819.00 $250.00 $2,023.82 $894.04 $500.00 $3,440.49 $961.49 $9,608.02 $954.51 $1,100.45 -$25.00 -$184.00 Annual Premiums Paid $3,341.09 $1,664.16 $939.07 $4,909.47 $993.62 $2,218.96 $347.63 -$28.00 $100.00 $400.00 $16,500.00 $128,858.93 Total General Fund $2,182,339.00 $691,238.80 $1,491,100.20 6 2004 2004 2004 Description Budget Per Range Amt Variance Water Enterprise Operating Full-time Salaries $61,939.00 $23,716.18 $38,222.82 PERA Contributions $3,425.00 $1,226.82 $2,198.18 FICA Contributions $3,840.00 $1,472.88 $2,367.12 Medicare Contributions $898.00 $3,11.42 $553.58 Health\DentalInsurance $9,171.00 $2,279.56 $6,891.44 Workers Compensation $890.00 $0.00 $890.00 Office Supplies $100.00 $0.00 $100.00 Printed Forms $1,050.00 $202.36 $847.64 Chemicals $2,000.00 $0.00 $2,000.00 Utility System Maintenance $1,200.00 $831.37 $368.63 Water Main Clamps Water Meters & Supplies $16,000.00 $1,326.52 $14,673.48 Small Tools & Minor Equipment $197.00 $0.00 $197.00 Engineering Services $2,500.00 $2,162.81 $337.19 Software Support $4,000.00 $379.00 $3,621.00 Telephone $2,000.00 $428.12 $1,571.88 Postage $650.00 $0.00 $650.00 Travel Expense $600.00 $311.00 $289.00 Insurance $2,380.00 $2,985.00 -$605.00 Electric Utility $12,000.00 $4,760.36 $7,239.64 Water Utility $35,000.00 $20,518.67 $14,481.33 Repairs\Maint Imp Not Bldgs $1,000.00 $448.00 $552.00 Miscellaneous $5,000.00 $623.00 $4,377.00 Conferences & Training $500.00 $110.00 $390.00 Other Equipment $1,800.00 $0.00 $1,800.00 Sub Total $168,140.00 $64,126.07 $104,013.93 Sewer Enterprise Operating Full-time Salaries $17,594.00 $5,333.36 $12,260.64 PERA Contributions $973.00 $275.38 $697.62 FICA Contributions $1,091.00 $331.32 $759.68 Medicare Contributions $255.00 $77.51 $177.49 Health/Dental Insurance $2,375.00 $462.31 $1,912.69 Workers Compensation $328.00 $0.00 $328.00 Utility System Maint Supplies $524.00 $0.00 $524.00 Small Tools & Minor Equipment $200.00 $0.00 $200.00 Engineering Services $1,500.00 $710.33 $789.67 Telephone $1,150.00 $505.56 $644.44 Travel Expense $0.00 $10.00 -$10.00 Electric Utility $1,225.00 $718.26 $506.74 Repairs\Maint Imp Not Bldgs $1,000.00 $1,876.75 -$876.75 Miscellaneous Expenses $0.00 $300.00 -$300.00 Conferences & Training $0.00 $318.40 -$318.40 Sub Total $28,215.00 $10,919.18 $17,295.82 Comments 7 Description 2004 2004 _ 2004 Budget Per Range Amt Variance Comments Surface Water Operating Full-time Salaries PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance Workers' Compensation Office Supplies Utility System Maint Supplies Small Tools & Minor Equipment Engineering Services Erosion Control Software Support Postage 1 Contract Services `I Repairs/Mamt Not Bldg Miscellaneous Expenses I.Transfer Out Sub Total Total Operating Funds $24,751.00; $0.001 $24,751.001 $1,369.001 $0.001 $1,369.001 $1,535.00 $0.001 $1,535.001 $359.001 $0.001 $359.001 $4,771.00' 50.00; $4,771.001 $340.001 $0.001 $340.001 $500.001 $0.00 $500.001 $2,162.001 $0.00 $2162.001 $1,000 001 $0.00 $1,000.00 $4,500.001 $7,130.15 -52.630.15 $2,100.00' $0.001 $2,100.00( $1,000.001 $4,050.00, 43,050.001 $1,576.001 $0.001 $1576.001 $2,000.001 $0.00; $2,000.001 $2,000.001 $0 001 $2,000.001 $0.00' 5348.261-5348.261 $30,315.00 $000 $30,315.00 $80,278.00 $11,528!.1 $68,749.59 $276,633.001 $86,573.66 $190,059.34 Grand Total l $2,458,972.00 $777,812.46 $1,681,159.54 Lake Elmo City Council May 18, 2004 Agenda Section: NEW BUSINESS Agenda Item: Single Sort Residential Recycling No 6A. Background Information for Mav 18.2004: Gary Boyum, Waste Management, Inc., gave a presentation to the Environmental Commission of a program his firm offers for single sort residential recycling. Residents would simply put all their recyclable materials into a container similar to the one provided by Waste Management for regular refuse collection. WM will do the separating at their Blaine processing facility. This service will be offered to Lake Elmo customers only if the City code is amended to allow bi-weekly pick up of recycling rather than the weekly pickup requirement. The Environmental Commission favored the single sort process as it would likely encourage an increase in recycling activity for those that did not participate due to the time and trouble of sorting. A code amendment has been provided for consideration. Action Items: Motion/Second to approve the single sort residential recycling program provided by Waste Management, Inc. And Motion/Second to adopt Ordinance No. 97-127, Amending Section 800.02, Subd. 19 Person responsible: T.Bouthilet/S.Lumby CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 97-127 AN ORDINANCE AMENDING THE LAKE ELMO MUNICIPAL CODE SECTION 800-SOLID WASTE AND ENVIRONMENT Section 1. Amendment: Section 800.02, Subd. 19, of the Lake Elmo Municipal Code is hereby amended to read as follows; to wit: 800.02 Freauencv of Collections Each licensed hauler shall make collections of garbage and refuse, and recyclables at least weekly, or more often as sanitary conditions warrant as determined by the Code Enforcement Officer. Single -Sort Residential Recycling shall be collected at least bi-weekly. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. ADOPTED, by the Lake Elmo City Council on the 18th day of May, 2004. Lee Hunt, Mayor ATTEST: Martin J. Rafferty, City Administrator Less wear and tear on streets less truck Eisy systems — everything co -mingled in one -container • , . • Every othenweekservice decreases - 1 challenges of snowplowing or street cleaning. _ • around carts. - Less possibility of recyCling blowing out of : bins — carts are covered : -; commodity is dry-- lids on carts - Participation rate vastly improved V ease of - process (75 to 90% participation) , Better, more reliable service with = , lower driver turnover 60 gallon cart has the::same foot print as . recycling bin; except for height Currentjy-Over 140,990 IHomes:On "This -Program !I? Incluclin Homes I *- 11; Bloomington, MN Brooklyn Park, MN. Coon Rapicls, MN: Eagan, -MN Hastings, MN -New Hope, MN it.:!Rehloinsdale, MN • cBrooklyn Center, MN , Burnsville, MN Crystal, MN _Eden Prairie, MN Hopkins, MN Richfield, MN Savage, MN *Complete list available upon request r Single Sort AdVarit0.,ge! • , 7: :.! - The Heart of our system is: Cart size gives homeowners more than 700 -annoal gallons of recycling capacity Opri 11 8,POOtsquare - - -foot recyclerrat: - 1800 Droadway N.E., $tate,of-the-art-nw sorting equipment allows.us to sort the commodities -rather :thanthe home owner, More Than 94% Recovery Rate.* Consistent product- quality has resulted in consistent markets for . . material. ble upon request. please --9-7claie •, , . • . • • • - ! I - IIIMW 1 rotor.. VIASIre MANA 1 ; ! ! 92!sei!99° I ; I 3, I EN1 readlreoycCkng Complete, easy -to -read, top of Go�p to , StrUGtions prin en can. in o1 elery gre the Gd WHAT=TO INCLUDE CANS & PLASTIC PAPER -HOW TO- PREPARE a Aluminum cans ® Tin cans M Plastic milk & water jugs ® Mixed plastic bottles & Containers with neck Glass bottles & jars • -Pickle jars • Juice Bottles • Any color glass, bottle or jar M Loose newspaper im Paper board • Cereal boxes (no liner) • Cake boxes • Chip Boxes ® Cardboard - ® Magazines ® Office paper and junk mail - • Corrugated boxes • Brown grocery bags • Glossy paper • Jelly jars • Stationery & envelopes • Binder paper • Notebook paper — any color Adhesive backed or sticky paper . No more- separatingxben.you recycie.You sirnply..put`u►1 your recyclablematerio►s=into tfie seine green can:.:and w® do the :: separating. for, you. - . For household garbage only. a Remove caps al Rinse REMEMBER flattening. your materials saves space and energy! JI OR STYROFOAM ® Remove bottle caps and jar lids and place in green & gold container. No need to remove labels! FLATTEN CARDBOARD & PAPERBOARD BOXES Cardboard sections must be no larger than.2 feet by 2 feetto.fit into our green & gold cart. We appreciate your help. WITH GOLD LID Forrecyclables-only_' Lake Elmo City Council May 18th, 2004 Agenda Section: MAINTENANCE/PARKJFIRE/BUILDING NO. 7A. Agenda Item: Carriage Station Play Set Backaround Information for Mav 18th. 2004 At its April 19th, 2004 meeting the Parks Commission reviewed play set proposals for the park at Carriage Station. Six plans from manufactures pre -approved by the Parks Supervisor were evaluated. The consensus of the Commission was to purchase a play set (B) from Landscape Structures, but they asked the Parks Supervisor to request a modification. If the modification, specifically the addition of the "Thunder Climber", could not be added, the recommendation was to purchase play set (A) for $13,751.00. Administrator Comments: I have reviewed and support the recommendation from the Parks Commission and the Park's Superintendent for the new play equipment at Carriage Station. The project as proposed meets budget expectation. Action items: Motion to approve the Park Commission recommendation to purchase the selected play equipment, Landscape Structures, from Earl F. Anderson for the Carriage Station Park in the amount of $13,751.00. Persons responsible: R.Schumacher M. Bouthilet Attachments: Time Allocated: New Residential New Commercial Other Residential Other Commercial Total Summary Building Report April-2uu4 Permits Issued Valuation 0 $0.00 2 $500,000.00 45 $552,238,00 1 $29,000.00 48 $1,081,238.00 Total Building Fees Collected Plumbing New Residential New Commercial v ear to uate Permits Issued Valuation 2 $1,082,500.00 2 $500,000.00 Other Residential 83 $1,024,167.00 Other Commercial 14 $420,783.00 Total 101 $3,027,450.00 $16,968.66 j Total Building Fees Collected ' $44,534.58 Summary Plumbing Report 7 $28,500.00 'Plumbing Total Plumbing Fees Collected ' $653.50 Summary HVAC Report HVAC 10 Total HVAC Fees Collected Summary Grand Total Fees Surcharge Fee Paid to State SAC Fees Paid to Met Council WAC Fees Paid to Oakdale Misc. Expenses Total Fees Retained Credit Fees to Bldg Credit Fees to Water Credit Fees to Sewer Summary Plumbing Report 26 $154,801.00 Total Plumbing Fees Collected ! $2,067.25 Summary HVAC Report $21,073.00 HVAC 39 $145,473.00 $705.00 i Total HVAC Fees Collected i $2,573.25 $18,327.16 Summary Grand Total Fees $49,175.08 $538.28 ;Surcharge Fee Paid to State i SAC Fees Paid to Met Council WAC Fees Paid to Oakdale Misc. Expenses $17,788.88 ? Total Fees Retained $17,788.88 t Credit Fees to Bldg Credit Fees to Water Credit Fees to Sewer $1,514.48 $0.00 $0.00 $0.00 11 $47,660.60 $47,660.60 $0.00 $0.00 1 City of Lake Elmo Building Department Building Permit Detail Summary April 01, 2004 Through April 30, 2004 Occupancy Class Of Work: Remodel Valuation Permit # Description of Work Date Issued Use of Building 4025 Basement finish (includes plmg&htg) 4/29/2004 Single Family Dwelling 28,000 Totals for Class Of Work: Remodel Number of Perrmits = 1 Sum of Valuation = 28,000 Totals for Occupancy: Number of Permits = 1 Sum of Valuation = 28,000 Occupancy Class Of Work: Repair Valuation Permit it Description of Work Date Issued Use of Building 3999 reroof 4/15/2004 Commercial 29,000 Totals for Class Of Work: Repair Number of Perrmits = 1 Sum of Valuation = 29,000 Totals for Occupancy: Number of Permits = 1 Sum of Valuation = 29,000 1 TN. Pl. %If Occupancy B Class Of Work: Add Valuation Permit # Description of Work Date Issued Use of Building 4020 Sign 4/28/2004 Office Building 2,500 Totals for Class Of Work: Add Number of Pernnits = 1 Sum of Valuation = 2,500 , Monday, May 03, 2004 Page 1 of 6 Class Of Work: New Valuation Permit# Description of Work Date Issued Use of Building 4033 Commercial 4/30/2004 Office Building 250,000 4030 Commercial 4/30/2004 Office Building 250,000 Totals for Class Of Work: New Number ofPerrmits=2 Sum of Valuation = 500,000 Totals for Occupancy: 8 Number of Permits = 3 Sum of Valuation = 502,500 1 Occupancy U-1 Class Of Work: Add Permit # Description of Work 3992 Garage 4008 Garage 4027 Garage Totals for Class Of Work: Add Number of Perrmits = 3 Class Of Work: Remodel Permit # Description of Work 4021 Basement Totals for Class Of Work: Remodel Number of Perrmits = 1 Totals for Occupancy: U-1 Number of Permits = 4 Sum of Valuation = 82,500 Valuation e Issued Use of Building 4/8/2004 Accessory Building 35,000 4/23/2004 Accessory Building 12,000 4/29/2004 Accessory Building 15,500 Sum of Valuation = 62,500 Dat Occupancy R-3 . Monday, May 03, 2004 Valuation Date Issued Use of Building 4/28/2004 Single Family Dwelling 20,000 Sum of Valuation = 20,000 Page 2 of 6 Class Of Work; Add Permit # Description of Work 4018 addition & remodel 4005 other 3981 Deck 4001 driveway 4013 swimming pool 3993 addition 4006 other 3983 Garage 4029 mobile home setup 3985 Deck 4026 Fireplace 3997 addition & remodel Totals for Class Of Work: Add Number of Pernnits = 12 , Monday, May 03, 2004 Date Issued Use of Building Valuation 4/27/2004 Single Family Dwelling 30,000 4/22/2004 Single Family Dwelling 4,500 4/1/2004 Single Family Dwelling 11,682 4/20/2004 Single Family Dwelling 4,895 4/26/2004 Single Family Dwelling 20,000 4/8/2004 Single Family Dwelling 30,000 4/22/2004 Single Family Dwelling 4,500 4/1/2004 Single Family Dwelling 25,244 4/30/2004 Single Family Dwelling 5,000 4/5/2004 Single Family Dwelling 3,500 4/29/2004 Single Family Dwelling 2,300 4/15/2004 Single Family Dwelling 16,000 Sum of Valuation = 157,621 Page 3 of 6 Class Of Work: Remodel Permit. # Description of Work 3990 window replacement 3998 window replacement 3982 window replacement 3989 finish basement (incld plmg and hvac) 4000 Roof Replacement 4004 reroof 3984 window replacement 4009 Basement 4032 Roof Replacement 4034 Roof Replacement 4012 other 4014 window replacement 4031 Roof Replacement 4024 Basement finish (includes plmg&htg) 4023 Remodel 4022 Basement finish (includes plmg&htg) Totals for Class Of Work: Remodel Number of Perrmits = 16 Monday, May 03, 2004 Valuation Date Issued Use of Building 4/6/2004 Single Family Dwelling 18,720 4/15/2004 Single Family Dwelling 2,473 4/1/2004 Single Family Dwelling 1,577 4/6/2004 Single Family Dwelling 24,500 4/19/2004 Single Family Dwelling 6,350 4/21/2004 Mobile Home 2,000 4/5/2004 Single Family Dwelling 11,700 4/23/2004 Single Family Dwelling 28,000 4/30/2004 Single Family Dwelling 6,000 4/30/2004 Single Family Dwelling 11,975 4/26/2004 Single Family Dwelling 12,000 4/26/2004 Single Family Dwelling 16,810 4/30/2004 Single Family Dwelling 11,312 4/29/2004 Single Family Dwelling 20,000 4/29/2004 Single Family Dwelling 5,000 4/28/2004 Single Family Dwelling 30,000 Sum of Valuation = 208,417 Page 4 of 6 Class Of Work: Repair Permit # Description of Work Date Issued Use of Building Valuation 4019 reroof 4/27/2004 Single Family Dwelling 12,800 4028 Roof Replacement 4/30/2004 Single Family Dwelling 2,500 3988 driveway 4/6/2004 Single Family Dwelling 3,000 3991 stucco 4/6/2004 Singe Family Dwelling 2,000 4007 reroof 4/22/2004 Single Family Dwelling 1,200 3996 Siding 4/14/2004 Single Family Dwelling 35,000 4003 reroof 4/20/2004 Single Family Dwelling 10,000 Totals for Class Of Work: Repair Number of Perrrnits = 7 Sum of Valuation = 66,500 Class Of Work: Alter Valuation Permit # Description of Work Date Issued Use of Building 4010 fence 4/23/2004 Single Family Dwelling 400 Totals for Class Of Work: Alter Number of Pernnifs = 1 Sum of Valuation = 400 Class Of Work: Demolition Valuation Permit # Description of Work Date Issued Use of Building 4016 demolition 4/26/2004 Single Family Dwelling 2,100 4015 demolition 4/26/2004 Mobile Home 2,100 4017 demolition 4/26/2004 Mobile Horne 2,100 Totals for Class Of Work: Demolition Number of Perrmits = 3 Sum of Valuation = 6,300 Totals for Occupancy: R-3 Number of Permits = 39 Sum of Valuation = 439,238 Monday, May 03, 2004 Page 5 of 6 Grand Total for All Permits Issued: Monday, May 03, 2004 Number of Permits 48 Total Valuation = 1,081,238 Page 6 of 6 City of Lake E1no Building Department Plumbing Permit Detail Summary April 01, 2004 Through April 30, 2004 Permit # Description of Work 3986 commercial plumbing alter 3987 Septic exsisting 4009 alter resd plmg 4018 alter resd plmg 4021 alter resd plmg 4030 New Commercial 4033 New Commercial Date Issued 4/5/2004 4/5/2004 4/23/2004 4/27/2004 4/28/2004 4/30/2004 4/30/2004 Number of Permits 7 Total Valuation = 28,500 Monday, May 03, 2004 Valuation 2,500 5,500 4,500 4,000 2,000 5,000 5,000 Page 1 of 1 City of Lake Elmo Building Department HVAC Permit Detail Summary April 01, 2004 Through April 30, 2004 Permit# Description of Work Date issued Valuation 3993 alter resd hvac 4/8/2004 1,500 3994 replace furnace 4/14/2004 2,500 3995 Gasline 4/14/2004 500 4002 alter resd hvac 4/20/2004 2,258 4009 alter resd hvac 4/23/2004 1,200 4011 alter resd hvac 4/23/2004 315 4018 alter resd hvac 4/27/2004 2,000 4021 alter resd hvac 4/28/2004 800 4030 New Commercial 4/30/2004 5,000 4033 New Commercial 4/30/2004 5,000 Number of Permits 10 Total Valuation = 21,073 Monday, May 03, 2004 Page 1 of 1 City of Lake Elmo Building Department Building Permit Fees April 01, 2004 Through April30, 2004 Date Permit # Permit Fee Surcharge Plan ReviehOther InvestigatiortiACFee Sewer Fee WAC Fee Meter Sales Tax 4/1/2004 3981 $209.25 $5.84 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/1/2004 3982 $57.05 $0.79 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/1/2004 3983 $401.85 $12.62 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/5/2004 3984 $209.25 $5.85 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/5/2004 3985 $97.25 $1.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/6/2004 3988 $0.00 $0.00 $0.00 $50.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/6/2004 3989 $391.25 $12.25 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/6/2064 3990 $307.25 $9.36 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/6/2004 3991 $69.25 $1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/8/2004 3992 $492.75 $17.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/8/2004 3993 $442.25 $15.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/14/2004 3996 $492.75 $17.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/15/2004 3997 $265 25 $8.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/15/2004 3998 $83.25 5124 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/15/2004 3999 $432.15 $14.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/19/2004 4000 $139.25 $3.18 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/20/2004 4001 $0.00 $0.00 $0.00 $50.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/20/2004 4003 $181.25 $5.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/21/2004 4004 $69.25 $1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/22/2004 4005 $111.25 $2.25 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/22/2004 4006 $111.25 $225 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/22/2004 4007 $44.85 $0.60 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Monday, May 03, 2004 Page 1 of 3 City of Lake Elmo Building Department Building Permit Fees April 01, 2004 Through April 30, 2004 Date Permit # Permit Fee Surcharge Plan RevienOther Investigatior6AC Fee Sewer Fee WAC Fee Meter Sales Tax 4/23/2004 4008 $209.25 $6.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/23/2004 4009 $422.05 $14.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/23/2004 4010 $23.50 $0.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/26/2004 4012 $209.25 $6.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/26/2004 4013 $321.25 $10.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/26/2004 4014 $279.25 $8.40 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/26/2004 4015 $0.00 $0.00 $0.00 $50.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/26/2004 4016 $0.00 $0.00 $0.00 $50.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/26/2004 4017 $0.00 $0.00 $0.00 $50.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/27/2004 4018 $442.25 $15.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/27/2004 4019 $223.25 $6.40 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/28/2004 4020 $0.00 $0.00 $0.00 $75.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/28/2004 4021 $321.25 $10.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/28/2004 4022 $442.25 $15.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/29/2004 4023 $111.25 $2.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/29/2004 4024 $321.25 $10.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/29/2004 4025 $422.05 $14.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/29/2004 4026 $83.25 $1.15 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/29/2004 4027 $265.25 $7.75 $0.00 $50.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/30/2004 4028 $83.25 $1.25 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/30/2004 4029 $0.00 $0.00 $0.00 $75.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/30/2004 4030 $1,833.75 $125.00 $1,191.94 $301.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Monday, May 03, 2004 Page 2 of 3 City of Lake Elmo Building Department Building Permit Fees April 01, 2004 Through April 30, 2004 Date Permit # Permit Fee Surcharge Plan RevieriOther InvestigatioiSAC Fee Sewer Fee WAG Fee Meter Sales Tax 4/30/2004 4031 $209.25 $5.66 $0.00 $0.00 4/30/2004 4032 $125.25 $3.00 $0.00 $0.00 4/30/2004 4033 $1,833.75 $125.00 $1,191.94 $301.00 4/30/2004 4034 $209.25 $5.99 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ' $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0-00 $0.00 $0.00 $0.00 $0.00 Totals: $12,999.00 $529.78 $2,383.88 $1,056.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Grand Total of Building Related Fees Collected: $16,968.66 Monday, May 03, 2004 Page 3 of 3 Date 4/5/2004 4/5/2004 4/23/2004 4/27/2004 4/28/2004 4/30/2004 4/30/2004 Totals: City of Lake Elmo Building Department Plumbing Permit Fees April 01, 2004 Through April 30, 2004 Permit # 3986 3987 4009 4018 4021 4030 4033 Permit Fee $150.00 $50.00 $50.00 $50.00 $50.00 $150.00 $150.00 $650.00 Grand Total of Plumbing Fees Collected: $653.50 Surcharge $0.50 $0.50 $0.50 $0.50 $0.50 $0.50 $0.50 ,.,.m.,,.,.$3.50.~ Totals: City of Lake Eltno Building Department HVAC Permit Fees April 01, 2004 Through April 30, 2004 Date Permit # Permit Fee 41812004 3993 $50.00 4/14/2004 3994 $50.00 4/14/2004 3995 $50.00 4/20/2004 4002 $50.00 4/23/2004 4009 $50.00 4/23/2004 4011 $50.00 4/27/2004 4018 $50,00 4/28/2004 4021 $50.00 4/30/2004 4030 $150.00 4/30/2004 4033 $150.00 $700.00 Grand Total of HVAC Fees Collected: $705.00 Surcharge $0.50 $0.50 $0.50 $0.50 $0.50 $0.50 $0.50 $0.50 $0.50 $0.50 $5.00 Lake Elmo City Council May 18, 2004 Agenda Section: Planning, Land Use & Zoning No. 9A Agenda Item: Drainfield Setback Variance — Webster, 3604 Layton Avenue Background Information for Mav 18, 2004: At its meeting May 10, 2004 the Planning Commission conducted the required Hearing and adopted (6-3 Deziel, Johnson & Bunn Opposed) a recommendation for denial of this application to place a new septic drainfield within 5 feet of a property line (10 feet required), and within 12 feet of a structure (20 feet required). The variance application is responsive to a 2003 amendment to Section 700 of the City Code that establishes a variance procedure for septic standards that is identical to the Zoning Ordinance variance procedure — including required Findings. The majority of the Commission concurred with the Findings for denial suggested by staff. Those Conunissioners opposed primarily observed that the denial will not, in fact, preserve a backup drainfield site, since the applicant could instead build a garage on the site proposed for the new drainfield without a zoning variance. Action items: ®93 Motion to approve Resolution #2004 - , for denial of septic setback variances at 3604 Layton Avenue based on Findings and the recommendation of the Planning Commission. Attachments: 1. Draft Resolution 2004enying Variance 2. Draft Planning Commission Minutes of May 10, 2004 3. Planning Staff Report of May 6, 2004 4. Applicant's Graphics and Documentation Person resnonsible: City Planner Time Allocated: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004-043 A RESOLUTION DENYING A SEPTIC SETBACK VARIANCE REQUESTED BY GARY WEBSTER WHEREAS, Gary Webster, 3604 Layton Avenue N., has requested a variance to place a new septic drain field within 5 feet of a property line and within 12 feet of a structure. WHEREAS, at its May 10, 2004 meeting, the Lake Elmo Planning Commission conducted the public hearing and recommended denial of the septic setback variances at 3604 Layton Avenue based on the following findings: 1. The property can be put to reasonable use — as defined by the circumstances of this particular case — if used under the conditions of the Chapter 700 of the City Code. The site currently has a functioning drain field that poses no imminent health threat, and complies with drain field setback standards. 2. The plight of the present land owner — small site land area; present drain field location; and lack of a garage, were known to the present land owner (Applicant) as existing conditions upon site acquisition. The variance applicant is sole the result of the land owner/applicant deciding to construct a garage, not a result of total drain field failure. The public health and safety protection accorded by the prescribed drain field setbacks outweigh any property owner hardship resulting from having no garage on the site. 3. The variances, if granted, will not alone change the essential character of the neighborhood. WHEREAS, at its May 18, 2004 meeting, the Lake Elmo City Council reviewed Gary Webster's application at 3604 Layton Avenue N. to place a new septic drain field within 5 feet of a property line (10 feet required), and within 12 feet of a structure (20 feet required). NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council denies the application of Gary Webster, 3604 Layton Avenue N., to place a new septic drain field within 5 feet of a property line and within 12 feet of a structure based on the Findings and the recommendation of the Planning Commission. ADOPTED, by the Lake Elmo City Council on the 18"' day of May, 2004. Lee Hunt, Mayor ATTEST: Martin J. Rafferty City Administrator Excerpt of Draft Lake Elmo Planning Commission Meeting Minutes of May 10, 2004 1 PUBLIC HEARING Variance to Side Yard and Structure Setback to Construct a Septic System - WEBSTER The Planner presented the first application for a variance under Chapter 700, the city's septic system ordinance. He advised the Commission that Chapter 700 by reference adopts Minnesota Rule 7080 - the State Rules governing standards for septic systems. He continued that Minnesota Rule 7080 allows a city to adopt a variance procedure, which Lake Elmo did in August, 2003. The City Planner reported that this application requests a variance from setbacks from a structure and property lines to construct a drainfield 5 feet from a property line and 12 feet from the house, where 10 feet and 20 feet are required. The City Planner suggested the following Findings be adopted regarding the Webster variance application: 1. The property can be put to reasonable use — as defined by the circumstances of this particular case — if used under the conditions of the Chapter 700 of the City Code. The site currently has a functioning drain field that poses no imminent health threat; and complies with drain field setback standards. 2. The plight of the present land owner — small site land area; present drain field location; and lack of a garage, were known to the present land owner (applicant) as existing conditions upon site acquisition. The variance application is sole the result of the land owner/applicant deciding to construct a garage, not a result of total drain field failure. The Public health and safety protections accorded by the prescribed drain field setbacks outweigh the any property owner hardship resulting from having no garage on the site. 3. The variances, if granted, will not alone change the essential character of the neighborhood. The Planner recommended denial, but suggested that if the Planning Commission recommends approval, the new septic system will need monitoring by a state certified septic inspector. The Planner suggested that if the City grants this variance for an alternative system, the City may be creating another administrative burden. Commissioner Deziel asked about the timeframe to connect the Old Village to a community system. The Planner said it might be 2 to 10 years. Commissioner Deziel said that surface water might cause those higher water indicators in the soil. This might contribute to the problem. Gary Webster The applicant said that the MPCA created new codes in 1996, and that in 1997, when the existing system was constructed, the installation did not meet that new code. He reported that the proposed drainfield site is the only place on the lot that percolates. Commissioner Sedro asked where the original septic system was located. Excerpt of Draft Lake Elmo Planning Commission Meeting Minutes of May 10, 2004 2 Mr. Webster said he thinks it was under the one that exists now. Commissioner Bunn said that even if the garage was placed on the north side, there would be no access into the kitchen of this house from the outside. Mr. Webster said he could comply with any conditions attached to approval. Chairman Helwig asked the Planner if this lot has to have two drain field sites. The Planner said this lot predates the second drain field provision of the Code, but that the Building Official is still concerned there is no secondary drain field site on this parcel if the existing (functioning) drain field site is relocated as proposed. Commissioner Pelletier asked the applicant if the east side of the house is the front of the house. Mr. Webster said that the east side is the front of the house; and, that a garage added to the east side of the house would cover the front of the house, and would require the removal of the mature trees. Commissioner Deziel pointed out that the proposed drainfield site could become the location for a new garage as well; and then there will be no secondary site for a septic system. He then asked whether or not those issues were considered. He said the lot is open to the west, and while the existing system is not an imminent threat, the proposed septic site is the right place for the drainfield for more than one reason. He pointed out that a garage on the west side of the lot would be more aligned with the other garages on the alley. He then asked what would happen if the existing system does fail. He said it is his inclination was that the Planning Commission would then recommend approval of a variance for new septic system on the site now proposed. THE CHAIR OPENED THE PUBLIC HEARING AT 8:16 P.M. No testimony was offered. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 8:17 P.M. Commissioner Deziel said the applicant needs a garage and a drainfield, and what the applicant is proposing may be the best plan for both by maintaining the streetscape, and being respectful of vegetation. He said this is a good example of a drainfield variance. Commissioner Bunn said the public safety concern is an issue at time of failure, and the proposed new system is an alternative while waiting for the Old Village Plan wastewater solution. She observed that the time frame for implementation of the plan and this alternative set together is a combination that might make a case for a variance. She said the failing drainfield site is a good location for a garage, and the proposed drainfield location is okay. She concluded that this is a unique situation. Commissioner Deziel said it seems the location for the new drainfield is ideal; the Commission should approve the only potentially viable drainfield on the lot; and, the proposed drain field site is a substantial distance to the next door structure. Excerpt of Draft Lake Elmo Planning Commission Meeting Minutes of May 10, 2004 3 Mr. Webster distributed letters from his neighbors supporting his variance application. The Planner said the Building Official classified the existing system as a "technically failing" system, but that the system is functioning, and is not an imminent threat to Public Health. M/S/F, Deziel/Bunn, To recommend approval for a variance to the side yard setback to the property line and the setback to the house because of an existing drainfield that has been classified as a Failing System by the Building Official and an expert, in order to allow the construction of a new drainfield on the only area of the property, according to the applicant, that percolates. According to the expert, the front yard is unsuitable for a drainfield. Commissioner Ptacek expressed sympathy for the applicant's problem but said the commission should not establish a precedent of granting variances to construct new septic systems when the existing system still functions. The commission should not base their decisions on what the lot looks like or what the neighbors think of the plan. Commissioner Berg said that public health and safety is the issue to be concerned about. VOTE: 2:7 — FAILED (Deziel/Bunn). M/S/P, Ptacek/Sessing, Based upon the Findings in the staff report dated May 6, 2004, to recommend denial of the application by Gary Webster for a variance from side yard and structure setback for the construction of a drainfield. Commissioner Burro said that a vote to deny this variance is a vote for no backup system. The applicant can build a garage on the only part of the parcel that percolates, without a variance. VOTE: 6:3 — PASSED (Deziel/Bunn/Johnson). Commissioner Johnson said she did not originally understand that the planned garage can be built on the secondary septic system site without a variance. Lh �iE ELMO PLANNING COMMISSI%.4 STAFF REPORT Date: May 6, 2004 for the Meeting of May 10, 2004 Applicant: Gary Webster Location: 3604 Layton Avenue North Requested Action: Septic Drain Filed Setback Variance Land Use Plan Guiding: SRD Existing Zoning: R-1 Site History and Existing Conditions: The subject site is an "old platting" lot of 7,500 square feet. City records extend back to about 1990, and include reference to three prior owners. Other than a Nuisance notification from the City in 1992 (yard storage), all file references regarding this site address the septic system. Following several years of problems with a very old septic system on the site, a new tank and drain field was constructed in 1997. An inspection of the new system in 2003 revealed a lack of the required separation between the drain field and the high water table. The system was found by the Building Official to be "failing", but "not an imminent health threat". In mid 2003 the applicant approached the City with a plan to relocate the drain field component of the septic system from the west side of the house to the north side of the house. The new proposed drain field location would be 5 feet from the north property line of the lot (10 feet required) and 12 feet from the applicant's house (20 feet required). No permit could be issued on that design; and, no variance process had been included in Chanter 700 of the City Code., Recognizing the necessity for some variance/appeal process from the septic standards of Chapter 700 of the City Code (and MPCA Rules Chapter 7080 by reference), the City Council amended Chapter 700 in August, 2003 to provide a variance process that parallels the zoning variance process in Chapter 300 of the City Code — Hearing before the Planning Commission, and a recommendation to the City Council. The same "hardship" standards/Findings as with a zoning variance apply as well. Discussion and Analysis: Responsive to the Code amendment, the applicant now applies for variances from the Chapter 7080 drain field setback standards consistent with the system design proposed in 2003. The new drain field would be located within 5 feet of the north property line (10 feet required); and within 12 feet of the applicant's house (20 feet required). It should be noted that the new drain field would be of a special design allowed by MPCA Rules to overcome the observed compaction of the soils and the high water table at the location proposed. The drain field design would require periodic monitoring and reports to the City (much like with the Constructed Wetlands Wastewater Systems). The applicant's "hardship" argument centers on his desire to construct a garage on the property. The applicant maintains that the only available site for a garage on this lot is where the existing drain field is located. No specific garage plans have, as yet, been submitted to the City. a aQ L Bwn COMMON ELEMENT rfm aale , a W y 36T 0 aLe OEN., Location Map STREET„ NORTH cols"p n, OP wTw SO 414 NE El 1110 •n" ere w IA IP Vicinity Map 0 250 Scale In Feet TlI a...e trier?'w:P2.w,.w enmo* ,$,6.ma. n.uresdne Mudd to inattentive. . ww=Nre i..M � �,^; .� Or in ia`Wa6N/.WWR1W1 Since, other than the inspection ports, a drain field is essentially invisibr., above grade it is reasonable to address the Public Purpose of the drain field setback standards of Chapter 7080. Planning staff has been advised by those know edible in septic system design that the primary (and perhaps, only) purpose of the drain field setback standards is to create a horizontal buffer area in case of drain field failure. Saturated soil from a drain field failure could (and often does) result in surface run off of effluent. Even when there is no surface run off, below grade saturation could extend horizontally to contaminate basement walls. The prescribed drain field setbacks are to provide a measure of safety to the homeowner's house and the neighbor's property in case of drain field failure. It appears that at least three related questions can be posed with this proposal: 1. Is a garage necessary? 2. Is there an alternative location for a garage on this site? 3. Is there an alternative location on this site for a new drain field - in addition to the existing location, and the proposed location for which variances are necessary? In numerous preceding variance applications staff has been supportive of the reasonable necessity in this climate for a garage of some description. It would appear, however, that at least two other options may exist on this lot to construct a garage without the need for variances — either zoning or septic. While neither option is ideal, both are physically possible, as follow: 1. The existing north house setback (where the new drain field is proposed) is reported to be 33 feet. That would be a side setback in the R-1 zone, which permits structures at a 10 foot setback. An attached garage north of the house - accessed from Layton Avenue - could be over 20 feet in width and depth. 2. The required R-1 setback to Layton Avenue is 30 feet, with a 50 foot setback from property line to the existing house reported by the applicant. If the 50 foot setback is accurately reported, a 20 foot garage structure would fit within setbacks. There would be mature trees lost, and the building line along Layton would be altered as a result. It is also doubtful that the house layout is set up for an attached garage on the Layton side — but it could be done. With respect to an alternative drain field location, we again look to the Layton Avenue setback as a possibility. The existing mature trees could be a problem; and the pipe run from the septic tank would be lengthy. We are assuming that the applicant's septic designer investigated and rejected that option. We will know that for certain by May 10. The Lake Elmo Building Official (a Certified Septic Inspector) advises as follows: 1. The soils in this area of the City are uniformly poor for drain fields, with a historically high ground water level. 2. The proposed new drain field appears (subject to confirmation) to be the only remaining location on the lot for a back up drain field should the existing drain field fail. There is a real concern with a property owner "using up" his only alternative drain field site for purposes other than to replace an existing drain field that has failed. 3. The proposed new drain field is an "other" design per MPCA standards. The property owner is required to have that drain field monitored by a Certified Septic Inspector on a periodic basis, with 'a report to the City as to system performance. Does the City wish to assume that responsibility — making sure the inspection are completed? A variance approval must include a condition as to proper conduct of monitoring of the new system — beyond the City's ISTS pumping system. Findings and Recommendations: Septic system drain field setbacks address concerns for Public health and safety, rather than the aesthetic and community character issues associated with many of the zoning setback cases heard by the Commission. We suggest that those Public health and safety concerns outweigh the applicant's claimed hardship. We also suggest that there may be alternative locations for a garage that would not require abandonment of a functioning drain field. Staff recommends that the Commission consider the following Findings in this case: 1. The property can be put to reasonable use — as defined by the circumstances of this particular case — if used under the conditions of the Chapter 700 of the City Code. The site currently has a functioning drain field that poses no imminent health threat; and complies with drain field setback standards. 2. The plight of the present land owner — small site land area; present drain field location; and lack of a garage, were known to the present land owner (applicant) as existing conditions upon site acquisition. The variance application is sole the result of the land owner/applicant deciding to construct a garage, not a result of total drain field failure. The Public health and safety protections accorded by the prescribed drain field setbacks outweigh the any property owner hardship resulting from having no garage on the site. 3. The variances, if granted, will not alone change the essential character of the neighborhood. Based on the foregoing, staff recommends denial the variances requested. Planning Commission Actions Requested: Motion to recommend denial of the application of Gary Webster, 3604 Layton Avenue, for variances to allow construction of a septic drain field 5 feet from a property line where 10 feet is required; and, 12 feet from a structure, where 20 feet is required based on the Findings of the Planning Staff Report dated May 6, 2004. Should the Commission instead conclude that Findings can be made to recommend approval of the requested variances; such approval recommendation should include the following conditions: 1. The property owner shall contract with a State Certified Septic Inspector to regularly monitor the drain field, as prescribed by MPCA Rule 7080 and report the findings to the City. The property owner shall annually provide the City written evidence that a monitoring contract is in place. Charles E. Dillerud, City Planner Attachments: 1. Location Map 2. Applicant's Documentation 3. Chapter 700 Code Amendment - 2003 CITY OF Lake Elmo co -ORDINANCE NO. 1 1 ?Y AN ORDINANCE RELATING TO THE PROCESS FOR REVIEWING ADMINISTRATIVE DECISIONS AND VARIANCE REQUESTS IN CONNECTION WITH THE CITY'S INDIVIDUAL AND COMMUNITY SEWER SYSTEM REGULATIONS The Lake Elmo City Council hereby ordains that Sections 700.05 Subd. 1(C)(1) and 700.05 Subd. 1(C)(2) are hereby amended to read as follows: Sec. 700.05. Subd. 1 (C)(1) An aggrieved party may appeal the Zoning Administrator's decision regarding the interpretation or application of the provisions of City Code Section 700 and its subdivisions. Appeals shall be reviewed and determined by the City's Board of Adjustment and Appeals. (C)(2) Request for variances to the provisions of Section 700 and its subdivisions shall be reviewed pursuant to the procedures and standards contained in Section 300.06 Subd. 3. THE LAKE ELMO CITY COUNCIL HEREBY ORDAINS THAT SECTION 700:05, SUBD. 1(C)(3) IS REPEALED Adoption Date. Passed by the City Council of the City of Lake Elmo on the HO day of Nay • ,2003. Lee Hunt, Mayor ATTEST: Charles Dillerud, Acting City Administrator Publication Date. This Ordinance or an approved Summary thereof was published on the2t of 'NOW , 2003. F:\usersUanloeUe ry\LE.Ord\Administrative Declsions.wpd 5 EttPly lc Tc. AUK NSW St(,tN LT\ -©u`r j. ` tan os I 55 r- _riit 4 PR -A &-Y : 11sT .1-- ' � -FtD_ e')a.� pOs� Z a Ptz_o't i 50 Ltry wr7EP- y 7 0 City of Lake Elmo - DEVELOPMENT APPLICATION FORM Fee $6QO�" ❑ Comprehensive Plan Amendment ❑ Zoning District Amendment ❑ Text Amendment ❑ Flood Plain C.U.P. Conditional Use Permit ❑ Conditional Use Permit (C.U.P.) / APPLICANT: ( RAJ wres,R (Name) TELEPHONES: FEE OWNER: TELEPHONES: (Home) 5 aut4 e cz5 (Name) ZVariance * (See below) ❑ Minor Subdivision ❑ Lot Line Adjustment ❑ Residential Subdivision Sketch/Concept PIan ❑ Site & Building Plan Review koY LWyYGIV A-v( (Mailing Address) (Work) Cc_ Love - (Mailing Address) (Mobile) ❑ Residential Subdivision Preliminary/Final Plat O 01— 10 Lots O 1 1— 20 Lots O 21 Lots or More ❑ Excavating & Grading Permit ❑ Appeal ❑ PUD 4AKC- Et -fro /1f/. SSOL/Pa (Zip) (Fax) (Home) (Work) (Mobile) (Fax) (Zip) PROPERTY LOCATION (Address and Complete (Long) Legal Description): 3 1,e`I 1-thrTv4/ A vi LM(C E Mn/ DETAILED REASON FOR REQUEST: "t%li 5 fe?vcSef cz dra- n II UetriartC-t7. 15 cl,"Pee'f(Li rcicu-te cv can 6 ne e SSa rw +o bujcbeta Q. 3.a.1ge. 1 k lbra-.4-ion of net) �ct.(4 e. -Ft� 6a'propose-d, is' tc-14y � D,1 toA o T 1^-e- ex.iSTl'YA-0 c-itY tr. *VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the Applicant must demonstrate a hardship before a variance can be granted. The hardship related to this application is as follows: 'Tice regves'{' -Qr tkr5 vox Ian e•e i5 ne-ed'ec( 4o build a yard..ea Qs r unJers -I nj f^1 t + i S karcl Sjtiilp in Miroe to-k4 ntai' hav;ne, a gnrR.q_P_,nhuinc 1 Ca.nno"1' b,,ild on -bn of a. J / Circe-+'n-Ge-icl. In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and herehvarmee to pay all statemen is received from the City pertaining to additional application expense. SI ne ure of ; pplicant Date sI nature ofA J" 9 g pp'' ant /% Date 10/12003 City of Lake Elmo • 3800 Laverne Avenue North • Lake Elmo • 55042. 651-777-5510 • Fax 651-777-9615 Lake Elmo City Council May 18, 2004 Agenda Section: Planning, Land Use & Zoning No. 9B Agenda Item: Zoning Ordinance Amendment — Accessory Structures Backeround Information for Mav 18. 2004: On April 20, 2004 the Council referred the issue of existing accessory structure exterior surfacing provisions of the Zoning Ordinance to the Planning Commission for Hearing and recommendation. A resident had voiced concern regarding provisions of the Zoning Ordinance that preclude the option of red surfacing of an accessory structure since the principal structure (house) is light gray. The Code provides that all accessory structures must be of color similar to the principal structure or "earth tone". At its meeting May 10, 2004 the Planning Commission conducted a Noticed Public Hearing and unanimously adopted a recommendation to not amend the present Zoning Ordinance provisions regarding the exterior surfacing of accessory structures. Planning staff had observed that by allowing "agricultural appearing" accessory structures to depart from the present Code provisions would create a definitional dilemma — what is "agricultural appearing"? The Commission observed that to repeal the similarity provisions could open the door to abuse; and, that the inclusion of the similarity provisions had been thoroughly discussed by the Planning Commission at the time of adoption. Action items: If the Council concurs with. the Planning Commission recommendation, no specific Council actions are required. Should the Council, however, disagree with the Commission's recommendation, further direction to Staff/Commission by Motion is requested. Attachments: 1. Draft Planning Commission Minutes of May 10, 2004 2. Staff memo and Attachments onsible: Time Allocated: DRAFT • 2:7 — FAILED (Deziel/Bunn). M/S/P, Ptace's . . •, Based upon the Findings in the staff report dated May 6, 2004, to recommend denial o r.lication by Gary Webster for a variance from side yard and structure setback for the co r on of a drainfield Commissioner Bunn said that a vote to .is variance is a vote for no backup system. The applicant can build a garage on the only part o reel that percolates, without a variance. VOTE: 6:3 — PASSED (Deziel/Bunn/Johnson). Commis ohnson said she did not originally understand that the planned garage can be built on the ' dary septic system site without a variance. THE CHAIR CALLED FOR A FIVE MINUTE RECESS, AND RECONVENED I P.M. PUBLIC HEARING Accessory Structures The Planner explained that at a recent City Council Meeting a resident spoke regarding an accessory structure that they wished to be painted a barn red while their principal structure (house) is a light grey. He said that at least two areas of the code specify that accessory structures must be of similar surfacing and color as the principal structure, or at least earth tone. The Council observed that this provision of the code might not be in keeping with architectural rural character goals; and directed staff to establish a hearing date to consider modifying the code in some fashion to allow some latitude as to color of accessory structures under certain circumstances. THE CHAIR OPENED THE PUBLIC HEARING AT 8:42 P.M. Terry Most, 978 Lake Elmo Avenue North She said she and her husband purchased their home in September. She said the code specifies materials and colors must be similar or of an earthen tone, and reds are an earthen tone. She said she and her husband made an effort to design a structure that looks like an old barn to match their 90-year old home. She said there is a red barn further north, up the road in a development of new houses. She presented photographs (attached) to the Commission. THE CHAIR CLOSED THE PUBLIC HEARING AT 8:44 P.M. Commissioner Bunn asked for clarification regarding whether these standards apply to specific zoning districts. The Planner said this section of code applies to all zoning districts except for AG, where ongoing agricultural operations exist. Mrs. Most said her lot is a 2.5 acre site. Commissioner Johnson said that lots on the stretch of road near the Most residence appear large. She said that the red barn Ms. Most referred to is an historic barn in a development of brand new structures that do not match that barn. She suggested that larger lots should get approval for historic colors. The Planner asked where the city would draw the line. He said that small accessory buildings under 160 square feet are not regulated. Lake Elmo Planning Commission Meeting Minutes of May 10, 2004 6 AFT Commissioner Helwig said he was involved years ago with this section of the zoning ordinance, and that the Planning Commission worked hard and diligently on the design. He also said that there were members on the Council then, who still are, that agreed with this section of the code. He said the Most accessory building does not look like a barn because the roof is A -frame, and the siding is vertical. He said he could support white for this structure since there are several white barns that have a hip roof, horizontal siding, etc. in the City. Commissioner Ptacek said that changing the code might allow lots to have a hot pink garage, and he supports the Chairman that we do not change the ordinance. Commissioner Johnson said the city's existing barns coincide with rural character and so does a barn -like building. She said the Commission providing guidance that barn -like structures may only be red might be a Pandora' Box. Commission Sedro said she has no strong preference, and does not wish the City to be the style police. She would prefer not to see this as a variance application before the Planning Commission. Commissioner Deziel said he has a measure of anxiety about the ordinance. He said if you are going to license paintbrushes there are other areas the city could be tougher on. The city should accept some difference in taste and variety in order to allow creativity and freedom. Commissioner Pelletier said she agrees with earthen tone. However, she asked how open to interpretation earthen tone is. Who picks the colors? The Planner said judgment is exercised, which is why he prefers that the term, "Earthen Tone" was not in the ordinance, and in his opinion, a red accessory structure is not earthen tone. Terry Most said the ordinance said an accessory structure must match the primary structure, under those conditions neon green or blaze orange could be approved for both a house and garage. Commissioner Ptacek said some of the concern is that this code applies to residential areas, not rural. He said that and property values are why we do not allow a yellow pole building next to a stucco home. He said there is a difference between barn -like versus barns. He said there are not enough situations existing that we should change the code. M/S/P, Ptacek/Sedro, To recommend to the City Council that it is not necessary to amend the code with regard to the color of accessory structures. VOTE: 7:1:1 (Nay: Deziel, Abstain: Sedro). COUNCIL UPDATE — _. �r tl itrkir: The Planner s.' _; city has sent out its first Stormwater Utility Billing, that $8,000.00 will be collected into the utility accoui e other communities are doing this so far, and that staff has perceived only one difficulty so far - multi]) = .arcels that make up a homestead. He said those residents are being told to combine their parcels. Commissioner Bunn said she will be writing a le resignation and will send it to the City Council because she wants to work on a project that will eons um-': eral years. She said she had enjoyed the process, learned a great deal, and is very proud of the work th ission performed on the Old Village and the Community and Staffing Study. She said she is hopeful tho `: ns will go forward in the next several years. The Planner said the Old Village Plan is still in the hands of the City Council for now. id the city needs to find the money to do the streetscapes. He said the Wastewater Report was received . : 1 would work, the Public Water was received and revealed that it would work but that the city needs more s Lake Elmo Planning Commission Meeting Minutes of May 10, 2004 7 MEMO (May 6, 2004) To: Lake Elmo P1. t Commission From: Chuc Subject: Accessory Building Color — Zoning Ordinance Amendment On April 20, 2004 the City Council directed the staff to initiate; and the Planning Commission to consider /recommend a proposal to amend Section 300.13, Subdivision 3 of the Zoning Ordinance with respect to the exterior materials and color of the accessory structure. Several paragraphs of the referenced Subdivision specify that an accessory structure must be either "match" or "be similar to" the materials and color of the principal structure on the site. I am not aware of any issues regarding these provisions over the 6 years I have been with the City. The issue has surfaced now, however, as the result of a proposal by a property owner in the RR zoning district to paint an accessory structure "barn red" even though the principal structure is light grey. The accessory structure is already constructed, but unpainted as of now. Some of the architectural features of accessory structure suggest a classic "barn", but the scale is much smaller than a barn. The property owner has suggested to the City Council that the City's vision of "rural character" is inconsistent with a zoning ordinance requirement that this "barn appearing" accessory structure is not permitted to be painted red — unless, of course, the house is red as well. Staff has Noticed a Public Hearing for the Planning Commission to consider amending Section 300.13 to overcome the apparent conflict between zoning standards and community vision. I have not addressed any specific language as of this writing, but will have some suggestions available for the Public and Commission to consider on May 10. I have attached copies of the Code paragraphs of concern, and I invite the Commission to individually consider how the City might address the apparent conflict in the Code. Lake Elmo' Municipal Code Chapter 3 -Zoning Section 300 -Zoning Ordinance E. No cellar, garage, recreational vehicle or nailer, basement with unfmished exterior structure above, or accessory building shall be used at anytime as a dwelling unit. C. All principal buildings hereafter erected on unplatted land shall be so placed as to avoid obstruction of future street or utility extensions and shall be so placed as to permit reasonably anticipated future subdivisions and land use. D. All principal buildings shall meet or exceed the minimum standard of the Minnesota State Building Code, the Minnesota State Uniform Fire Code, the Minnesota Department of Health, the Minnesota Pollution Control Agency, and the City's on -site sewage treatment ordinance. Subd. 3 Accessory Buildings and Structures: A. Tvoes of Accessory Buildings - storage or tool sheds; detached residential garage; detached rural storage building; detached domesticated fame animal buildings: agricultural farm buildings. The accessory buildings are defined as follows: 1. Storage or Tool Shed. A one story accessory building of less than one hundred sixty (160) square feet gross area with a maximum roof height of twelve (12) feet and exterior colors or materials matching the principal structure or utilizing earthen tones. No door or other access opening in the storage or tool shed shall•exceed twenty-eight (28) square feet in area. 2. Detached Residential Garage. A one-story accessorytuilding used or intended for the storage of motor driven passenger vehicles regulated in Section 300.13, Subd, 4. with a maximum roof height of twenty (20) feet. No door or other access opening shall exceed fourteen (14) feet in height. The exterior color, design, and materials shall be similar to the principal 'structure. 3. Detached Rural Storage Buildings A one story accessory building used or intended for the storage of hobby tools, garden equipment,workshop equipment, etc. Exterior Materials shall match the principal structure in exterior color br be of an earthen tone. The gross area of the building shall not exceed one thousand (1,000) square feet in gross area on a parcel of between two (2) and ten (10) acres and not more than two thousand (2,000) square feet in gross area ono parcel of greater than ten (10) acres. 4. Detached Domesticated Farm Animal Building. A one story accessory building used or intended for the shelter of domestic farm animalthind/or related feed or other farm animal supportive materials. The building shall requite a Minnesota Pollution Control Agency feedlot permit and site and building plan approval and shall not exceed 2,000 square feet in gross area for a parcel between ten (.10) and twenty (20) acres and not more than one -thousand (1000),square feet in gross area on a parcel of less than ten (10) acres. 5. Agricultural Farm Building; An accessory building used or intended far use on an active commercial food producing farm operation of more than twenty (20) acres. A Minnesota Pollution Control Agency perrnit may be required. 300-82 2/18/97 0 2/18/97 Lake Eima Municipal Code Chapter 3 -Zoning Section 300 -Zoning Ordinance - B. A tool shed as defined in this section may be placed an any lot in addition to the permitted number of accessory buildings. ( C.1 No accessory building shall be constructed nor accessory use located on a lot until a building permit has been issued for the principal building to which it is accessory. D. No accessory building used or intended for the storage of passenger automobiles shall exceed one thousand (1,000) square feet of gross area nor shall any access door or other opening exceed the height of ten (10) feet, nor shall any structure exceed one story in height except when the garages are located in Business, Industrial or Planned Unit Developments. On parcels of twenty thousand (20,000) square feet in area or less, no detached accessory building or garage shall exceed the size of the principal building in gross floor area. E. An accessory building shall be considered' as an integral part of the principal building if it " „ is Iocated six (6) feet or less from the principal building. The exterior design and color shall be the same as that of the principal building or be of an earthen tone: the heii}C N shall not exceed the height of the principal structure unless more restnctive portions of this section prevail. F. No accessory building in a commercial or industrial district shall exceed the height of the principal building. G. No accessory buildings in apartment deve nts shall exceed the height of the principal building. H. Accessory buildings in the commercial and industrial districts may be located to. the rear of the principal building, subject to the Building Code and fire zone regulations. 1. No detached garages or other accessory buildings in residential districts shall be located nearer the front lot line than the principal building on that lot. exrrpt in AG. RR. and R-1 districts where detached garages may be permitted nearer the front lot line thahthe principal building by resolutionarr.a.,�.:,,.,.:y:r... d except in planned unit developments or cluster developments. J. Accessory structures located on lake or stream frontage lots may be located between the public road and the principal structure provided that the physical conditions of the lot require such a location and a resolution is issued. In no event shall the structure be located closer than twenty (20) feet to the public right-of-way. K. All accessory .buildings over thirty-five (35) square feet in area shall have a foundation, concrete slab or wind anchor. Buildings larger than one hundred (100) square feet shall require a building permit regardless of improvement value. Roof loads and wind loads shall conform to requirements as contained in the Building Code. L. The required rear yard setbacks for detached residential garages, and storage, boat, and tool sheds shall be a distance equal to the required side yard setback for each zoning district, except on through Tots when the required rear yard setback in each zoning district shall apply. 300-83 Lake Elmo City Council May 18, 2004 Agenda Section: Planning, Land Use & Zoning No. 9C Agenda Item: Consultant Selection — Trail System Plan Background Information for March 18. 2004: The 2004 Capital Improvements Program includes an appropriation for the completion of an updated and expanded Trails System Plan for the City — as was recommended by the Park Commission in 2002. With the guidance of the Park Commission staff has prepared and circulated a Request for Proposals to qualified consulting firms. Proposals from six firms were received by the City by April 2, and screened to three Finalist firms by the Parks Superintendent and Acting City Manager by April 9. The three Finalist firms were then interviewed by the Parks Commission (with the City Council also invited to attend) on April 19. Those firms were: Howard R. Green, SEH, and TKDA. Following the interviews and extensive discussion, the Park Commission unanimously adopted a motion recommending the SEH firm to the City Council as the contractor to prepare the City's Trails System Plan update and expansion. The SEH proposal includes a lump sum fee of $16,000 to complete the Plan per the "Scope of Services" presented by their proposal of April 2, 2004. The 2004 Capital Improvements Program appropriated up to $20,000 for this task. Council concurrence in the Commission's recommendation is respectfully requested. Person r• nonsible: Action items: Motion to approve retaining the firm SEH to prepare the City Cit Trails System Plan per their proposal dated April 2, 2004, as recommended by the Parks Commission. Further, that the Mayor and City Administrator are authorized and directed to enter into a contract with SEH for Trails Plan preparation services. Attachments: 1. SEH Proposal of April 2, 2004 2. Request for Proposals Time Allocated: DRAFT DRAFT 3. RFP Trail Plan Interviews Before the interviews were started the Commission discussed and developed and informal list of standard questions to propose to each Consultant Group. Commissioner Steele suggested the Consultants describe a particular problem or obstacles they had to resolve and how it was accomplished. He also wished to ask what the consultants considered the biggest challenges and opportunities they envisioned in trail development in Lake Elmo. Commissioner Ames wished to the consultants to give a vision for the plan based on previous experience. Administrator Dillerud suggested they ask them to describe a city wide trail plan that they accomplished recently. The Commission interviewed: • Howard R. Green • Short, Elliot, Hendrickson • TKDA The consensus of the Commission was none of the firms had a clear advantage in regards to experience. The Commission then ranked each firms, first, second and third choice. TKDA was ranked either last or second by all members and so was removed from the selection process. The Commission then ranked the HRG and SEH and was evenly split 4 to 4. Each Commission member then gave a brief summary of why they chose who they did. Commission members universally agreed that both firms were close in ranking, could accept either, but made their choices by: • Creativity • Organization Size • Personnel Chuck Dillerud and Mike Bouthilet were then polled as to their choice, and both had ranked SEH first. M/S/P Heroff/Wagner To recommend to the City Council that Short, Elliot, Hendrickson be contracted to develop a Comprehensive Trail Plan. (8-0) DRAFT DRAFT Request for Proposal Development of a Comprehensive Trail Plan Lake Elmo, Minnesota Overview This document solicits proposals from qualified consultants to collaborate with a subcommittee of the Lake Elmo City Park Commission in the development of a comprehensive trail plan for the City of Lake Elmo. Background in 1990, the City of Lake Elmo adopted a Comprehensive Park Plan designed to provide a blueprint for the development of parks within the city limits over the period 1990 through 2010. A key component of this plan is a comprehensive trailway system designed to "carry residents between neighborhoods, parks and throughout the city." This plan envisioned two types of trailways that could accommodate walkers, bikers, runners and a host of other activities: "community trails" and "neighborhood trails." Community trails were conceptualized as the "arterial framework of a trail system" and meant to carry traffic from park to park and neighborhood to neighborhood. Neighborhood trails, on the other hand, were seen as conveyances within a single neighborhood that connected neighborhoods to community trails. For a variety of reasons, this 1990-vintage vision needs to be updated. Qver the course of the past 13 years, the population of the City of Lake Elmo has risen by 30% (from 5,900 to 7,600), an additional 600 housing units have been built, 25 additional housing developments have been integrated into the city plan, and 6 new parks have been established or significantly expanded. These changes — together with the anticipated doubling of Lake Elmo's population by 2020 — suggest a strong need to revisit the citywide trail plan, develop new approaches to linking our city's parks, and establish a timetable for construction of the trail system. Description of Tasks The consultant(s) retained by the City of Lake Elmo as a result of this request for proposal will collaborate with the Trails Subcommittee of the Lake Elmo City Parks Commission to: • review existing plans and documents relating to the Gity's parks, traiiway system, Old Village plans, and Comprehensive Plan in order to understand the context in which a new Comprehensive Trail Plan must be developed; • create an overarching concept for trails that is consistent with the vision of the Trails Subcommittee of the Lake Elmo City Parks Commission (as informed by long-term plans for the city as iterated above), and use this concept to guide the development of a Comprehensive Trail Plan; • develop a Comprehensive Trail Plan for review by the Lake Elmo City Parks Commission and make changes as deemed appropriate by that body. This Plan should include the following: - maps reflecting the position and course of the proposed trails; - technical specifications relating to the structure, dimensions, and materials of the trails; and, - text providing additional information on the overall approach to the Comprehensive Plan and any information relating to specific aspects of the Plan. • present, in partnership with the Lake Elmo City Parks Commission, the Comprehensive Trail Plan in a public forum in which public reaction will be solicited; • present, in partnership with the Lake Elmo City Parks Commission, the Comprehensive Trail Plan to the Planning Commission and City Council of the City of Lake Elmo; • make changes to drafts of ' the Comprehensive Trail Plan as deemed necessary throughout this process. Consultant Selection This Request for Proposal will be offered to a limited number of local consulting firms that are judged by City Staff to have the experience and personnel necessary to undertake the creative tasks proposed here. Selection of the consultant will be based upon the degree to which the applicant demonstrates its understanding of the tasks proposed here, its willingness to work with public advisory bodies and elected officials, and the competitiveness of the bid in terms of price committed. The consultant selection process will proceed as follows: 1. Request for Proposal will be mailed by the City of Lake Elmo to prospective consultants by February 20, 2004; 2. City staff will meet with interested firms as a group, with the Parks Commission invited to observe — March 16, 2004 3, Consulting firms will submit written proposals — April 2, 2004 4. City staff will screen to 3 finalist firms — April 9, 2004 5. Parks Commission and City Council will interview 3 finalists —April 19, 2004 6. Final selection of the consultant by the City Council — May 3, 2004 Selection of the consultant will be based upon the sum of the following criteria: 1. Consultant's understanding of the tasks proposed above as reflected in the consultant's written proposal and oral interview before the Parks Commission and City Council; 2. Consultant's documented experience with the preparation of similar design studies relating to parks and trails; 3. The documented experience and qualifications of the consultant's profession& staff that will be working on this project; and, 4. Consultant's proposals for fees and expenses to complete the proposed project, Please hold your questions regarding this RFP for the March 16, Q&A meeting. We would sincerely appreciate your indication of interest in this contract by advising the City of your interest by Email at Kim.Schaffel@LakeElmo.ora. Thank you for your interest in assisting the City of Lake Elmo. Charles E. Dfflerud Lake Elmo City Council May 18, 2004 Agenda Section: Planning, Land Use & Zoning No. 9E Agenda Item: Variance Performance Process Background Information for Mav 18, 2004: State Statute (MSA 462,357, Subd. 1) provides, "The...governing body ...may impose conditions in granting of variances to insure compliance and to protect adjacent properties.". The City can mandate Landscape improvements, prohibit existing landscape removal, and insure those mandates are accomplished by requiring financial security - as long as those conditions of are responsive to "insure compliance" and "protect adjacent properties". It would be wise to review any proposed variance conditions against those criteria before attaching them to an approval resolution. The Council should also understand that the mandating of specific site improvement conditions to variance approval will often result in on -going staff involvement to determine if the conditions are complied with. While this on -going staff involvement will be of little significance with commercial site variances (since Section 520 Site Plan inspections are necessary already), it will become new territory for staff on residential variances — where compliance with conditions will be more difficult to attain, I suspect. The "to insure compliance" provision of the Statute clearly opens the door for the City to require financial security by applicants to guarantee the specific improvements or retentions (such as trees and survivability of new site landscaping) that would be conditions of variance approval. Again, while we do this routinely with Section 520 Site Plans, it will be a new arena for residential variances. As with commercial site plans, the financial guarantee can not go on forever. For instance, we now require two "growing seasons" of continued fmancial security at 100% of the landscape architect's estimated landscape value to insure plant/tree survivability on commercial site plans. Once the two years have passed, the leverage expires. No new ordinance language appears to be required for the City to precede with both specific site improvement and financial guarantee conditions on variance approvals. I recommend prudence be exercised as such conditions are crafted, however, to not move beyond the Statutory purposes of those conditions; and, to not try to make a goose out of a duck by site redesign with variance conditions clearly beyond the capability of the applicant to reasonably accomplish and/or the staff to monitor. Action items: None Required. Attachments: None Person )esnonsible: Cita Yli ri Time Allocated: