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06-15-04 LE CCMP
Mayor: Lee Hunt ' Councilrnembers: Steve DeLapp Susan Dunn Wyn John Dean Johnston Please read: Lake Elmo City Council Tuesday June 15, 2004 ul 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. 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. Parks and Planning Commission Appointments B. Resolution No. 2004-048:Approve claims 5. FINANCE A. Monthly Operations Report: Informational B. Reimbursement Resolution 6. NEW BUSINESS A. 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Building Dept. Activities: Building Official MOVE] June 1, 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 Lake Elmo City Council Agenda June 15, 2004 Page 2 8. CITY ENGINEER'S REPORT: Tom Frew A. Release of Security: Gorman's Restaurant 9. PLANNING. LAND USE & ZONING: C. Dillerud A. Resolution No. 2004-046:Zoning Setback Variances, 8017 50`h Street N. (Isaacson) B. Public Hearing: Vacation of unimproved portion of Highlands Trail: Resolution No. 2004- 049 C. Rezoning - MFC Properties:Ordinance No. 97-132 D. Fence Moratorium Amendment: Ordinance No. 97-133 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Council Committee Reorganization B. Highway 5 and 31° Street Traffic Issue 12. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member John E. Council Member Johnston LAKE ELMO CITY COUNCIL MINUTES JUNE 1, 2004 1. AGENDA 2. MINUTES: May 18, 2004 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries 4. CONSENT AGENDA: A. Resolution No. 2004-045:Approve Claims 5. FINANCE: A. Budget Calendar 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIREBUILDING: A. Update on Fire Dept. Activities:Chief Malmquist 8. CITY EINGINEER'S REPORT: A. Update on Hill Trail Reconstruction Project 9. PLANNING, LAND USE & ZONING: A. Resolution No. 2004-046:Zoning Setback Variances, 8017 50th Street N. (Isaacson) - - B. Ordinance No. 97-130: Old Village Development Moratorium 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. City Staff Organizational Chart: Resolution No. 2004-047 B. Council Organization: Ordinance No. 97-131 C. Strategic Planning Meeting 12. CITY COUNCIL REPORTS: Mayor Hunt called the Council Meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Hunt, John, Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, ActingFinance Director Tom Bouthilet, City Planner/Acting Administrator Dillerud and City Administrator Rafferty. City Administrator Martin Rafferty administered the Oath of Office to newly appointed Council Member Wyn John. 1. AGENDA: Add: 8A. Request for Update on Second lift on Hill Trail North M/S/P Dunn/Johnston - to approve the June 1, 2004 City Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: May 18, 2004 M/S/P Johnston/DeLapp - to approve the May 18, 2004 City Council minutes, as amended. (Motion passed 3-0-2: Abstain: Dunn, John). LAKE ELMO CITY COUNCIL MINUTES JUNE 1, 2004 1 3. PUBLIC INOUIRIESJINFORMATIONAL:, A. Public Inquiries Roger Linnell, Stillwater Blvd., alerted the Council of traffic safety problems on Highway 5 at 31s` Street where four lanes are reduced to two lanes. Mr. Linnell said because of the excessive speed and passing on the shoulder on the two lane section he has had to jump into the ditch many times when cutting his lawn. Council member Dunn said she has been working with MnDOT on safety improvements, and they are doing preliminary work, but she will bring this up again. Mayor Hunt asked that the City Administrator contact the Washington County Sheriff s Department and MnDOT officials to find out what proactive strategies can be done to address this issue. Gloria Knoblauch explained the Oakdale -Lake Elmo Historical Society has monetary needs and requested a $1,000 donation for their one -room school house that was located on the Eder farm in Lake Elmo and donated to the Oakdale Lake Elmo Historical Society for restoration and preservation. The restoration was made possible though monetary donations. The inside of the school house is furnishedwithmemorabilia from the late 1800's and early 1900's. Mayor Hunt will be invited' to the School Open House on June 10. M/S/P John/Johnston — to approve the $1000 donation to the Oakdale -Lake Elmo Historical Society for preservation of the one -room -school house; subject to the City Administrator checking if it is appropriate in the budget. (Motion passed 4-1: DeLapp:He would rather look into alternatives to what items the Oakdale -Lake Elmo Historical Society might be looking for, but noted it is a wonderful volunteer project.) Informational: Wyn John received an e-mail from Pat Connelly who advised that the Washington County Board appointed Ms. White, a Lake Elmo resident, to the County Library Board. 4. CONSENT AGENDA:: A. Resolution No. 2004-045: Anrorove Claims M/S/P DeLapp/Johnston - to adopt Resolution No. 2004-045, A Resolution approving claim numbers 204, 205, DD164 through DD171 25642 through 25656, that were used for staff, payroll dated May 27, 2004, Claim Numbers 25641 dated May 19, 2004 and 25657 through 25693 dated June 1, 2004 in the total amount of $71,673.43. (Motion passed 5-0). 5. FINANCE: A. Budget Calendar The Acting Finance Director provided a proposed 2005 Budget calendar. He said the Budget process for Fiscal Year 2005 starts in early June with the intention of receiving guidance though the upcoming Council Strategy Workshop. LAKE ELMO CITY COUNCIL MINUTES JUNE 1, 2004 2 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Fire Dent. Activities:Chief Malmquist — NOT IN ATTENDANCE Council requested an article in the Newsletter educating residents of the different siren tones for the tornado season. Planner Dillerud said the warning sirens had been placed on the backburner. He will work on coordinating warning sirens for the entire region. 8. CITY ENGINEER'S REPORT: A. Update on Hill Trail Reconstruction Proiect The City Engineer reported he will check out the inquiry from a resident who received grass seed and wanted sod replanted, and there are also a few repairs needed before they do the paving Prew stated he sent in the necessary permit, one part contractor and one part city, but the contractor sent his part in late. He said the City has all the easements required for drainage, and the City would pave the last couple of gravel driveways. The water level of the larger pond on 50th Street will be checked this week. In response to the question if there will be vegetation in the smaller holding pond, Prew said he could get the costs for planting vegetation and let the Council decide. 9. PLANNING. LAND USE & ZONING: A. Resolution No. 2004-046:Zonine Setback Variance, 8017 50th Street N„ (Isaacson) Planner Dillerud reported thePlanning Commission considered an application by Mr. Isaacson for side and front setback yariances to accommodate construction of an attached two stall garage. The Hearing was conducted o May 10, 2004, at which time the Commission tabled the application to allow the applicant to consider amending the scale of the request. On May 20 the applicant submitted an amended application that reduced the requested side setback variance from 8.5 feet to 4 feet; and, increased the requested front setback variance from 6 Ica to 10 feet. On May 24 the Commission reviewed the amended proposal and recommended approval of the variances requested by the May 20 drawings. Dillerud noted that the Commission found that a physical hardship does exist for the applicant due to the unusual size of the parcel; the amended request permits the reasonable use of the property; and there is no impact from the variances on surrounding properties. Mayor Hunt asked for the exact placement of the drainfield and where a secondary drainfield would be located. He said the City cannot alternate on drain field requests. Council member DeLapp agreed and voiced his concern if there was indeed enough area that could accommodate a secondary drain field site. Bill Isaacson said his original system was a dry wall system. The septic system sits 50' back from the edge of the road. When he built in 1997, he kept the same exact footprint of the home and was asked to move the house 10' from the side property line. Planner Dillerud explained there was no LAKE ELMO CITY COUNCIL MINUTES JUNE 1, 2004 3 secondary drain field site shown on the 1997 plans. He would talk to the Building Official regarding location of an alternate drain field site Attorney Filla indicated the hardship is reasonable use and that is subjective on the part of the Council, who should apply the same law to similar facts. M/S/P DeLapp/John - to postpone until June 15 Council meeting per the consent of Bill Isaacson in order for the staff to get more information on an alternate drain field site for location of a septic system (Motion passed 5-0). B. Ordinance No. 97-130:Old Village Development Moratorium Planner Dillerud reported the Old Village Development Moratorium will again expire on June 9, 2004. He indicated that the Surface Water Drainage Report has not been completed by TKDA Dillerud stated he has been contacted by both the representative of the Hutchinson Estate and by Mr. Lynsky. The Hutchinson fancily is interested in again entertaining offers from potential developers for their property within the moratorium area. Mr. Lynsky is interested in moving forward with PUD application for the platted General Business site north of 39`h Street. Dillerud added that if the Council extended the Development Moratorium; the option is open to exclude the Lynsky property from the Moratorium coverage based on the existence of a previously tabled development application. Since approval of a PUD Plan is a discretionary action by the City, compliance of that PUD Plan with completed Old Village work could become a factor of PUD review/approval by the City of the Lynsky proposal. The remaining surface water issues do not directly impact the Lynsky site. Council member DeLapp stated he was strongly in favor of a unified plan. Council member Dunn had a real concern on the surface water drainage of the Old Village. M/S/P Dunn/John - to adopt Ordinance No. 97-130, An Ordinance Relating to an Extended Development Moratorium in the Village Area for 90 days, with the acknowledgement that this item could come back to Council at an earlier date (Motion passed 5-0). 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. City Staff Organizational Chart:Resolution No. 2004-047 Administrator Rafferty reported he has interviewed and evaluated the capabilities of key staff presently performing identified functions and responsibilities in an "Acting or Deputy" capacity designation. He has come to the conclusion that the individuals in those positions are well suited to be officially designated as the leadership for those areas. The following recommendations were made: 1) Promote Acting Superintendent Mike Bouthilet to Superintendent of Public Works and hire an additional maintenance worker LAKE ELMO CITY COUNCIL MINUTES JUNE 1, 2004 4 assuring the City's capability to provide the defined service responsibilities, 2) Promote Acting Finance Director Tom Bouthilet to Finance Director/City Treasurer; 3) Promote Sharon Lumby from Deputy Clerk to City Clerk and 4) Move the Planner's position as Planner/Assistant City Administrator with specific organizational reporting changes that includes building inspections and engineering. He noted that the proposed organizational chart is within the budget. He added that he has talked to the employees regarding health care issues, and the employees will be paying a share. He will continue to look at alternatives in the future. M/S/P Dunn/DeLapp — to approve Resolution No. 2004-047, A Resolution Adopting the Administrative Organizational Structure of the City, as presented. (Motion passed 5-0). B. Council Committee Reorganization:Ordinance No. 9'7-131 The Administrator provided an organizational chart for the creation of three specific Council Committees. The purpose of the creation of the committees is to develop ongoing scheduled council work sessions; in specific subject areas, where each of the established ad hoc committees created by Council may report progress on mission and tasks and make recommendations that can be reviewed by the established council committee. The Planning Commission would continue to report their recommendations and findings directly to the Council as a whole. Each committee would be composed of two Council mei fibers, the Mayor and the City Administrator or staff designee. The, Administrator suggested that the Mayor would annually appoint two Council members to each committee and designate one as the Chair of the committee. Meetings would be scheduled, at a minimum of, monthly on the preceding week of the last Council meeting scheduled in a month. The Council determined that:the selection and makeup of Council Committee members be approved by the full City Council. The Council will indicate their interest in a primary and secondary committee they would like to serve on. M/S/P DeLapp/Johnston- to approve Ordinance No. 97-131, as amended (4th Whereas: No 1. That the selection and makeup of Council Committee members will be approved by the full City Council. The Council will indicate their interest in a specific committee by submittal of their name to the City Administrator. (Motion passed 5-0). C. Strategic Planning Meeting The Council will hold a Strategic Planning Meeting with the Department Heads on Saturday, June 12, 8:30 until Noon at the Wildwood Lodge. LAKE ELMO CITY COUNCIL MINUTES JUNE 1, 2004 5 12. CITY COUNCIL REPORTS: Planner Dillerud reported the City will be heard on Wednesday, June 12, 9 a.m., by the Minnesota Supreme Court at the State Capital. Council Member DeLapp reported he participated in the meeting sponsored by McKnight Foundation on regional planning Council member Johnston commented on the insightful presentation given by the keynote speaker at the Brooks Institute. Council adjourns the meeting at 8:25 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2004-045 Approve Claims Resolution No, 2004-046 Postponed Resolution No, 2004-047 City Organizational Chart Ordinance No. 97-131 Council Organization LAKE ELMO CITY COUNCIL MINUTES JUNE 1, 2004 6 MINUILS APPROVED: June 1, 2004 LAKE ELMO CITY COUNCIL MINUTES MAY 18, 2004 1. AGENDA 2. MINUTES: May 4, 2004 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Informational 4. CONSENT AGENDA: A. Resolution No. 2004-042: Approve Claims B. Resignation of Planning 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: Ordinance No. 97-128 7. MAINTENANCE/PARK/FIRE/BUILDING: 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 — Ordinance No. 97-129 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: Mayor Hunt called the Council meeting to order at 7 p.m. in the Council chambers. PRESENT: Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, Building Official Jim McNamara, Acting Finance Director Tom Bouthilet, City Planner Dillerud, and Administrator Rafferty. ABSENT: Council member Dunn 1. AGENDA M/S/P Johnston/DeLapp - to approve the May 18, 2004 City Council agenda, as amended. (Motion passed 3-0). LAKE ELMO CITY COUNCIL MINUTES MAY 18, 2004 1 B. Resignation of Plannine Commission Member, Planning Commissioner Julie Bunn resigned her commission on May 13, 2004. Ms. Bunn became a Full Voting Member of the Planning Commission on June 3, 2002. M/S/P Johnston/DeLapp - 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. (Motion passed 3-0). The Planning Commission 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. M/SIP Johnston/DeLapp - to appoint Jim VanPelt as a Full Voting Member of the Planning Commission to finish a term that expires on December 31, 2006. (Motion passed 3-0). Second Alternate Planning Commissioner Elizabeth Johnson should be appointed as First Alternate. M/S/P Johnston/DeLapp - to appoint Elizabeth Johnson as first alternate of the Planning Commission. (Motion passed 3-0). M/S/P DeLapp/Hunt - to appoint Charles Schneider as Second Alternate to the Lake Elmo Planning Commission. (Motion passed 2-1: Johnston said he voted against the appointment because of the appointment procedure based on dates of application and did not vote against the person. Council member DeLapp stated he voted for the applicant solely on qualifications. Mayor Hunt said he consistently supported appointments based on dates of application and likes the diversity. Planner Dillerud said Commissioner Bunn will be missed because she was a good commissioner. C. Resolution No. 2004-044:AuthorizinQ Signature for Payments of Funds, from the Lake Elmo Bank M/S/P Johnston/DeLapp - to adopt Resolution No. 2004-044, A Resolution Authorizing Martin Rafferty Signatory for Payments of Funds from the Lake Elmo Bank. (Motion passed 3-0). 5. FINANCE: A. Monthly Operations Renort: Informational LAKE ELMO CITY COUNCIL MINUTES MAY 18, 2004 3 B. Update on Building Dent. Activities: Buildine Official The Building Official reported there were new no residential building permits and two new commercial building permits issues in the month of April, 2004. He said Prairie Ridge Office Park has started construction on their first office building. The Building Official advised that a lawn sprinkler system requires an installation permit and can be dangerous if not installed correctly so Gopher One should be called for locates. 8. CITY ENGINEER'S REPORT:NONE 9. PLANNING, LAND USE & ZONING: A. Resolution No. 2004-043:Drainfield Setback Variance:Gary Webster. 3604 Layton Avenue The City Planner reported that at its May 10th meeting, the Planning Commission conducted a public hearing and recommended denial of Gary Webster's application, at 3604 Layton Avenue, 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). Planner Dillerud reported 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. Dillerud noted that those Planning Commissioners opposed primarily observed that the denial will not preserve a backup drain field site. A garage could be constructed where the new drainfield is proposed — thereby using up the secondary site — without a variance. Mr. Webster said the 2-10 year plan for sewering the Old Village does not do him any good. If there is a 30-year life span of a septic system, then why should there be a problem. The layout of the house would not allow for a garage to the north side. Council members indicated it would be a bad precedent to move a functioning drain field system. M/S/P JohnstonlDeLapp - to approve Resolution No. 2004-043, A Resolution denying the septic setback variances at 3604 Layton Avenue based on Findings and the recommendation of the Planning Commission. (Motion passed 3-0). B. Zoning Ordinance Amendment: Accessory Structures Planner Dillerud reported the Council referred the issue of existing accessory structure exterior surfacing provisions of the Zoning Ordinance to the Planning Commission for a public hearing and recommendation. A resident has voiced concern regarding provisions of the Zoning Ordinance that precludes 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. LAKE ELMO CITY COUNCIL MINUTES MAY 18, 2004 5 MIS/P DeLapp/Johnston — to approve the firm Short, Elliot, Hendrickson to prepare the City 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. (Motion passed 3-0). D. Fence Moratorium Planner Dillerud reported at the May 10, 2004 workshop, the City Council discussed modifications to the existing fence regulations of the Zoning Ordinance. Dillerud provided a summary of what he believed to be general direction of the Council to staff and the Planning Commission from the discussion notes, and the graphics placed on the board during the Workshop. The Council concurred with the summary responses. Don Gustafson, Tablyn Park resident, said he doesn't like fences, but is surrounded by fences. He never worried about the property line and the homeowner saying you cannot play there. He suggested the City require a survey if a fence is being built. M/S/P Johnston/DeLapp — to direct the city planner to take the information contained in staff memo dated May 13, 2004 to the Planning Commission for a public hearing on a draft zoning ordinance amendment. (Motion passed 3-0). The Council discussed adopting a Fence Moratorium for fence construction in the City until the council can determine what it wants its new fence ordinance to state. M/S/P Johnston/DeLapp — to modify Ordinance No. 97-129, Item D. Add "except for those fences required by the State Building Code for safety purposes." (Motion passed 3- 0). M/S/P Johnston/DeLapp — to adopt Ordinance No. 97-129, as modified, An Ordinance Adopting a Development Moratorium Relating to the Construction of Fences. (Motion passed 3-0). E. Variance Performance Process Planner Dillerud reported State Statute (MSA 462.257, Subd. 1) provides "The governing body...may impose conditions in granting of variances to insure compliance and to protect adjacent properties". He suggested that this means that 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 are responsive to insuring compliance, and protecting adjacent properties. Dillerud added it would be wise to review any proposed variance conditions against those criteria before attaching them to an approval resolution. LAKE ELMO CITY COUNCIL MINUTES MAY 18, 2004 7 Council member Johnston said he did not vote against Charles Schneider, but against the procedure of appointment based on dates of applications. OLD BUSINESS LIST was provided to the City Council. Council adjourned the meeting at 9:00 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2004-042 Approve Claims Resolution No. 2004-043 Denial of Drain field Setback Variance for Gary Webster Resolution No. 2004-044 Authorizing Martin Rafferty Signature for Payment of Funds Ordinance No. 97-128 Amend Section 800.02, Single Sort Residential Recycling Ordinance No. 97-129 Fence Moratorium LAKE ELMO CITY COUNCIL MINUTES MAY 18, 2004 9 Mavor Lee Hunt No. 4.A Councilmembers Agenda Section: Organizational Steve DeLapp Agenda Item: Parks and Planning Commission Appointments Susan Dunn Dean Johnston Date: June 15, 2004 Wyn John Background Information for June 15.2004. Parks Commission The city has received a letter of resignation from Mike Tate who has served on the Parks Commission since September 5, 2000. Mike also served on the Trails Plan Sub -committee. Motion , Second , to accept the resignation of Mike Tate from the Parks Commission, and to direct the administrator to send a letter of gratitude for his service to the city and its residents. There are now two vacancies on the Parks Commission. The web site and newsletter have advertised for months for service on the Parks Commission without an application being received. Planning Commission Commissioner Thomas Meldahl has a temporary scheduling conflict this summer between his work and Planning Commission meetings. He has expressed a strong desire to remain on the Planning Commission. With the understanding that consistent attendance at meetings is necessary for a Full Voting Member, Commissioner Meldahl has requested to be appointed as First Alternate Member of the Planning Commission. If the council agrees, the following action(s) may be taken. Motion , Second to accept the request of Thomas Meldahl to be removed as a Full Voting Member of the Planning Commission, and be given the appointment of First Alternate Member of the Planning Commission. Elizabeth Johnson is currently serving the Planning Commission as First Alternate Member. If the previous action was taken, then Commissioner Johnson should be made Full Voting Member of the Planning Commission to finish the term of Thomas Meldahl which expires on December 31, 2005. Motion . Second , to appoint Elizabeth Johnson Full Voting Member of the Planning Commission to finish the term of Thomas Meldahl which expires on December 31, 2005. Kimberly Schaffel From: Mike Tate [mtate@maguireagency.com] _ Sent: Monday, June 07, 2004 11:32 AM To: Kimberly Schaffel Subject: Resignation -Park Board Dear Kim, This is my notice of resignation from the Park Board. My calendar and rescheduled/cancelled meetings have not allowed my attendance on a regular basis. Because of my absences I have not felt "engaged" with committee issues and want to pass on my appreciation for the opportunity to have worked with good folks on the committee. Mike Tate Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004-048 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 206, 207, DD172 through DD182, 25694 through 25732, were used for Council/ Fire/ Staff, payroll dated June 10, 2004, Claim Numbers 25733 through 25782 dated June 15, 2004 in the total amount of $236,004.17 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 15th day of June, 2004. Lee Hunt Mayor ATTEST: Martin J. Rafferty City Administrator Invoice No Description Amount Payment Date Acct Number Reference Vendor. COPYIMAG Copy Images, Inc. Check Sequence: 7 ACH Enabled: No 48468 Copy Machine Maint. 255.60 06/15/2004 101-410-1940-44040 Check Total: 255.60 Vendor:CORPEXPR Corporate Express Check Sequence: 8 ACH Enabled: No 52320428 Office Supplies-Admin 44.28 06/15/2004 101-420-2220-42000 Check Total: 4428 Vendor.EARLANDE Earl F. Andersen, Inc. Check Sequence: 9 ACH Enabled: No 0060020-1N Street Sign -Public Works 88.25 06/15/2004 101-430-3100-42260 Check Total: 88.25 Vendor:FARMERS Fmiuers Union Co -Op Oil Check Sequence: 10 ACH Enabled: No 141352 Fuel -Fire Dept. 17.50 06/15/2004 101-420-2220-42120 Check Total: 17.50 Vendor.FIRSTQUA First Quality Fence, Inc Check Sequence: 11 ACH Enabled: No 1591 Fence- Ridge Parks -Parks Dept 1,600.00 06/15/2004 410-480-8000-45300 Check Total: 1,600.00 Vendor.FIRS ITIR First State Tire Recycling Check Sequence: 12 ACH Enabled: No 38658 Clean -Up Day - Tires 344.00 06/15/2004 101-430-3100-44380 Check Total: 344.00 Vendor. GENESIS Next Genesis Productions Check Sequence: 13 ACH Enabled: No 1442 2-Printers & County GIS upgrade 1,058.50 06/15/2004 101-410-1520-43185 Check Total: 1,058.50 Vendor:HAGBERGS Hagbergs Country Market Check Sequence: 14 ACH Enabled: No Supplies-Admin 10.96 06/15/2004 101-410-1320-44300 Supplies -Fire Dept 5.91 06/15/2004 101-420-2220-44300 Check Total: 16.87 VendonIAFC IAFC Check Sequence: 15 Conference -Registration 590.00 06/15/2004 101-420-2220-44370 Check Total: 590.00 ACH Enabled: No AP - Computer Check Proof List (06/10/2004 - 5:00 PM) Page 2 Invoice No Vendor:Johnson Vendor.Kremer 1NV0003891 Vendor:LEADER 1000056653 Vendor:LEOIL S01203 S01208 Vendor.LESCO 10798732 Vendor:MALMQ Claim Vendor.MARONEYS 045637 045637 045637 Vendor:MCLEOD 5097618 5097618 5097618 5097618 5097618 5097618 5097618 Description Johnson Construction Storage Rental Check Total: Kremer Spring Inc. Heavy Duty Springs -New Fire Vehicle Check Total: Lake Elmo Leader Annual Subscription Check Total: Lake Elmo Oil, Inc. Fuel -Fire Dept. Fuel -Parks Check Total: Lesco, Inc. Seed & Fertilizer -Public Works Check Total: GregMalmquist Air Fare for Annual Fire Conference Check Total: Maroney's Sanitation, Inc Refuse Removal -City Hall Refuse Removal -Public Works Refuse Removal -Parks & Fire Check Total: McLeod USA Monthly Phone Service -City Hall Monthly Phone Service -Fire Monthly Phone Service -Fire Monthly Phone Service -Public Works Monthly Phone Service -Lift Station Monthly Phone Service -Lift Station Monthly Phone Service -Lift Station Amount Payment Date Acct Number Check Sequence: 16 90.00 06/15/2004 101-420-2220-44120 90.00 Check Sequence: 17 833.63 06/15/2004 410-480-8000-45500 833.63 Check Sequence: 18 28.00 06/15/2004 101-410-1320-44330 28.00 230.11 06/15/2004 32.85 06/15/2004 262.96 123.70 06/15/2004 123.70 Check Sequence:19 101-420-2220-42120 101-450-5200-42120 Check Sequence: 20 101-430-3100-42250 Check Sequence: 21 317.20 06/15/2004 101-420-2220-43310 317.20 95.89 06/15/2004 95.89 06/15/2004 183.96 06/15/2004 375.74 284.79 50.27 113.54 133.88 60.47 60.47 58.84 06/15/2004 06/15/2004 06/15/2004 06/15/2004 06/15/2004 06/15/2004 06/15/2004 Check Sequence: 22 101-410-1940-43840 101-430-3100-43840 101-450-5200-43840 Check Sequence: 23 101-410-1940-43210 101-420-2220-43210 101-420-2220-43210 101-430-3100-43210 602-495-9450-43210 602-495-9450-43210 601-494-9400-43210 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 AP - Computer Check Proof List (06/10/2004 - 5:00 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 5097618 5097618 Monthly Phone Service -Lift Station Monthly Phone Service -Parks Check Total: Vendor:MENARDST Menards - Stillwater 90894 Caution Tape -Public Works Check Total: Vendor.MFAPC Vendor:MID-MN W 1NV0400491 Vendor.MNIAAI Vendor:NEXTEL 761950227-014 761950227-014 761950227-014 761950227-014 Vendor:NORTHTS 24-8734 Vendor.PELNAR MFAPC Membership Dues Check Total: MID-MINNESOTA WIRE & MFG Fire Equipment -Fire Dept. Check Total: Minnesota Chapter IAAI Annual Membership Renewal Check Total: Nextel Communications Cell Phones -Building Dept Ce11 Phones -Public Works Cell Phones -Parks Cell Phones-Admin Check Total: Northern Traffic Supply Inc. Various Signs -Public Works Check Total: KathiPelnar Animal Control Services -May Check Total: Vendor.PTTPURCH Purchase Power 5093-7724-20-6 Postage -Storm Water Utility Billing 47.43 06/15/2004 67.39 06/15/2004 877.08 19.85 06/15/2004 19.85 601-494-9400-43210 101-450-5200-43210 Check Sequence: 24 101-430-3100-42260 Check Sequence: 25 35.00 06/15/2004 101-420-2220-44330 35.00 Check Sequence: 26 653.27 06/15/2004 410-480-8000-45800 653.27 Check Sequence: 27 25.00 06/15/2004 101-420-2220-44330 25.00 87.11 79.17 38.57 42.60 247.45 06/15/2004 06/15/2004 06/15/2004 06/15/2004 302.46 06/15/2004 302.46 523.03 06/15/2004 523.03 Check Sequence: 28 101-420-2400-43210 101-430-3100-43210 101-450-5200-43210 101-410-1940-43210 Check Sequence: 29 101-430-3100-42260 Check Sequence: 30 101-420-2700-43150 Check Sequence: 31 515.00 06/15/2004 603-496-9500-43220 ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (06/10/2004 - 5:00 PM) Page 4 Invoice No Description Check Total: Vendor:PLUNKETT Plunkett's Pest Control 286512 Pest Control Services Check Total: VendorPRESS Vendor Reserve Vendor:RUD Vendor:S&T 0IJA5188 01J135897 VendorSATELLIT 24180609 Vendor-.Sherm Claim Voucher Vendor.STIL LGAZ 00003406 00003427 00003428 StevenPress Cable Operator Check Total: Pitney BowesReserve Account Postage Check Total: DianePrince-Rud Cleaning City Hall Cleaning -Fire Dept. Cleaning Supplies Check Total: S&T Office Products, Inc. Office Supplies Office Supplies Check Total: Satellite Shelters, Inc. Office Rental -Bldg Dept. Check Total: RobertSherrnan Mileage - Vehicle Transfers -Fire Dept. Check Total: Stillwater Gazette Legal Publish Code Legal Notice Public Hearing Legal Notice Public Hearing Amount Payment Date Acct Number 515.00 55.38 06/15/2004 55.38 Check Sequence: 32 101-410-1940 11010 Check Sequence: 33 80.00 06/15/2004 101-410-1320-44300 80.00 Check Sequence: 34 500.00 06/15/2004 101-410-1320-43220 500.00 315.00 06/15/2004 315.00 06/15/2004 10.33 06/15/2004 640.33 252.52 06/15/2004 9.32 06/15/2004 261.84 319.50 06/15/2004 319.50 30.75 06/15/2004 30.75 33.60 06/15/2004 16.80 06/15/2004 42.00 06/15/2004 Check Sequence: 35 101-410-1940-44010 101-420-2220-44010 101-410-1940-42110 Check Sequence: 36 101-410-1320-42000 101-410-1320-42000 Check Sequence: 37 101-420-2400-44120 Check Sequence: 38 101-420-2220-43310 Check Sequence: 39 101-410-1320-43510 101-410-1320-43510 101-410-1320-43510 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 AP - Computer Check Proof List (06/10/2004 - 5:00 PM) Page 5 Invoice No Description Check Total: Amount Payment Date Acct Number 92.40 Vendor.TASCH T.A. Schifsky & Sons Check Sequence: 40 32974 Street Patch 33 & Lake Elmo Ave 1,667.00 06/15/2004 101-430-3100-43150 Check Total: 1,667.00 VendorTKDA TKDA, Inc. Check Sequence: 41 067569 152.22 06/15/2004 409-480-8000-43030 067570 558.14 06/15/2004 404 480-8000-43030 067571 659.62 06/15/2004 803-490-9070-43030 067572 50.74 06/15/2004 101-410-1930-43030 067573 471.48 06/15/2004 101-410-1930-43030 067573 50.74 06/15/2004 409-480-8000-43030 067573 413.40 06/15/2004 603-496-9500-43030 067573 101.48 06/15/2004 101-410-1910-43030 067573 783.75 06/15/2004 803-490-9070-43030 067573 991.10 06/15/2004 602-495-9450-43030 067573 721.75 06/15/2004 402-480-8000-43030 067574 200.00 06/15/2004 101-410-1930-43030 067589 996.87 06/15/2004 409-480-8000-43030 067608 518.84 06/15/2004 603-496-9500-43030 067612 832.83 06/15/2004 311-470-7000-43030 067613 1,785.40 06/15/2004 311-470-7000-43030 067615 1,627.79 06/15/2004 101-410-1910-43012 067616 225.75 06/15/2004 101-410-1910-43012 067635 101.48 06/15/2004 101-410-1910-43060 067651 1,916.76 06/15/2004 602-495-9450-43030 067652 832.99 06/15/2004 409-480-8000-43030 067653 3,324.75 06/15/2004 409-480-8000-43030 Check Total: 17,317.88 Vendor:TRI-P TRI STATE PUMP & CONTROL INC. Check Sequence: 42 23430 Lift Station Repairs 207.04 06/15/2004 602-495-9450-44030 Check Total: 207.04 Vendor:TRISTATE Tri State Bobcat, Inc. Check Sequence: 43 S07462 Bobcat Snow Blower Trade -up 975.54 06/15/2004 410-480-8000-45400 Check Total: 975.54 Vendor:TWINCIT Twin City Water Clinic, Inc. Check Sequence: 44 274 Water Analysis 20.00 06/15/2004 601-494-9400-43030 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACI3 Enabled: No ACH Enabled: No AP - Computer Check Proof List (06/10/2004 - 5:00 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 20.00 VendorUSBANK US Bank Trust N.A. Check Sequence: 45 ACH Enabled: No 33402400 G.O. Bond Interest Payment 5,713.75 06/15/2004 309-480-8000-461I0 Check Total: 5,713.75 Vendor. VASKO Vasko Rubbish Removal Check Sequence: 46 ACH Enabled: No 000795 Clean-up Days 10,788.74 06/15/2004 101-430-3100-44380 Check Total: 10,788.74 Vendor.VISA Visa Check Sequence: 47 ACH Enabled: No 442672010200978 Bar Code Scanning Software 95.00 06/15/2004 601-494-9400-42400 442672010200978 UPS Shipping 9.75 06/15/2004 101-420-2220-42000 442672010200978 Mail Box Fire Dept. 79.00 06/15/2004 101-420-2220-42000 Check Total: 183.75 Vendor:WEARGUA Wear Guard 54114836-1 Uniforms -Bldg Dept. 54114836-1 Uniforms -Public Works Check Total: Check Sequence: 48 17.99 06/15/2004 101-420-2400-44170 65.73 06/15/2004 101-430-3100-44170 83.72 Vendor:XCEL Xcel Energy Check Sequence:49 0044145749148 94.31 06/15/2004 101-450-5200-43810 0084044646147 140.29 06/15/2004 101-430-3100-43810 0176825022147 17.76 06/15/2004 101-430-3160-43810 0417949252147 293.34 06/15/2004 101-410-1940-43810 0446544592147 20.32 06/15/2004 101-430-3160-43810 0573240678147 61.83 06/15/2004 101-450-5200-43810 0592147254148 12.05 06/15/2004 101-450-5200-43810 0614943270147 26.63 06/15/2004 101-430-3160-43810 0777146175147 7.41 06/15/2004 101-420-2220-43810 1278842757148 449.34 06/15/2004 601-494-9400-43810 1427822590148 40.28 06/15/2004 602-495-9450-43810 1577643354147 131.59 06/15/2004 101-420-2220-43810 1684846045146 11.50 06/15/2004 602-495-9450-43810 1808181287118 18.29 06/15/2004 602-495-9450-43810 1808181287147 26.00 06/15/2004 101-450-5200-43810 1957348187147 12.78 06/15/2004 602-495-9450-43810 2045967139149 494.77 06/15/2004 601-494-9400-43810 2175049940147 35.05 06/15/2004 101-450-5200-43810 2332806007153 1,557.28 06/15/2004 101-430-3160-43810 ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (06/10/2004 - 5:00 PM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 3,450.82 Vendor:XCELNSP Xcel Energy Check Sequence: 50 ACH Enabled: No Underground Cable to Ballfield 8,997.74 06/15/2004 404-480-8000-45300 Check Total: 8,997.74 Total for Check Run: 189,911.34 Total Number of Checks: 50 AP - Computer Check Proof List (06/10/2004 - 5:00 PM) Page 8 IAs of 6/15/2004 (Periods 1-6) ...v..uny vNc,aung Repuri bit ' Description Mayor & Council Part-time Salaries FICA Contributions Medicare Contributions Travel Expense Miscellaneous Dues & Subscriptions Conferences & Training Sub Total Administration Full-time Salaries PERA Contributions FICA Contributions Medicare Contributions I-Iealth/Dental Insurance Workers Compensation Office Supplies {Printed Forms I Newsletter/Website Postage Travel Expense Legal Publishing Insurance Miscellaneous Dues & Subscriptions Books Conferences & Training I , Transfer Out 1 1' Elections I Part-time Salaries i Office Supplies Printed Forms Travel Expense Miscellaneous 2004 Budget 1 Per 2004 Range Amt 2004 Variance $12,100.00 $5,667.00 $6,433.00 $750.00 $583.85 $166.15 $176.00 $136.54 $39.46 $450.00 $3,750.00 -$3,300.00 $4,000.00 $14,191.40 410,191.40 $5,500.00 $2,477.00 $3,023.00 $5,000.00 $12.00 $4,988.00 $27,976.00[ $26,817.79 31,15821 1 $124,020.00 $45,214.80 $6,858.00 $1,844.42 $7,689.00 $2,814.68 $1,798.00 $658.34 $21,834.00 $5,259.34 $1,688.00 $0.00 $7,000.00 $2 364 17 $800.00 $0.00 $14,000.001 $3,412.56 $9,500.00 $4,362.32 $1,500.00 $184.00 $6,000.00 $1,324.28 $27,360.00 $29,581.00 $6,000.00 $2,982.16 $1,500.00 $1,432.66 $500.00 $0.00 $2,500.00 $20.00 $70,500.00 $0.00 Sub -Total 5311,047.00 $101,454.73 $7,000.00 $100.00 $300.00 $50.00 $800.00 Sub Total $8,250.00 $191.67 $0.00 $0.00 $0.00 $340.00 $531.67 $78,805.20 $5,013.58 $4,874.32 $1,139.66 $16,574.66 $1,688.00 $4,635.83 $800.00 $10,587.44 $5,137.68 $1,316.00 $4,675.72 -$2,221.00 Annual Premiums Paid $3,017.84 $67.34 $500.00 $2,480.00 $70,500.00 $209,59227 $6,808.33, $100.00 $300.00 $50.00' $460.00 $7,718.33 Comments 1 Description Finance Budget Per Range Amt Variance Comments Full-time Salaries $41,432.00 $10,112.08 PERA Contributions $2,569.00 $525.31 FICA Contributions $2,291.00 $627.59 Medicare Contributions $601.00 $146.79 Health/Dental Insurance $7,318.00 $936.89 Office Supplies $800.00 $0.00 Printed Forms $1,000.00 $0.00 Software Support $4,000.00 $1,200.00 I Hardware Support $2,000.00 $1,058.50 Software Programs $3,000.00 $500.00 Travel Expense $1,000.00 $10.00 Miscellaneous $200.00 $118.00 Books $200.00 $0.00 Conferences & Training $1,000.00 $20.00 Accounting Services Assessing Services Legal Services Civil Attorney Criminal $31,319.92 $2,043.69 $1,663.41 $454.21 $6,381.11 $800.00 $1,000.00 $2,800.00 $941.50 $2,500.00 $990.00 $82.00 $200.00 $980.00 Sub -Total $67,411.00 $15,255.16 $24,000.00 $18,485.69 $35,000.00 $8,500.00 $15,000.00 $11,603.87 $45,000.00 $14,230.49 i Sub -Total $60,000.00 $25,834.36 Planning &Zoning Full-time Salaries $75,586.00 $31,995.20 I PERA Contributions $4,180.00 $2,450.92 FICA Contributions $4,686.00 $1,995.56 Medicare Contributions $1,096.00 $466.65 Health/Dental Insurance $11,686.00 $3,449.01 Workers Compensation $847.00 $0.00 Office Supplies $500.00 $36.75 Printed Forms $500.00 $0.00 Zoning Ordinance Dev - CDBG $0.00 $8,776.97 Cimarron Study - CDBG $10,000.00 $0.00 Comprehensive Planning $10,000.00 $7,138.50 Engineering Services $2,500.00 $101.48 Legal Services $1,000.00 $0.00 Old Village Tax Abatement $73,148.00 $13,467.23 Travel Expense $2,000.00 $589.75 Miscellaneous $200.00 $0.00 Dues & Subscriptions $500.00 $115.00 !Books $200.00 $0.00 Conferences & Training $2,500.00 $635.36 Sub -Total $201,129.00 $71,218.38 $52,155.84 $5,514.31 $26,500.00 $3,396.13 $30,769.51 $34,165.64 $43,590.80 $1,729.08 $2,690.44 $629.35 $8,236.99 $847.00 $463.25 $500.00 -$8,776.97 Expense offset by Grant received from County $49,666 $10,000.00 $2,861.50 $2,398.52 $1,000.00 $59,680.77 $1,410.25 $200.00 $385.00 $200.00 $1,864.64 $129,910.62 2 Description Engineering Services Attorney Fees Gov't Buildings Cleaning Supplies I Building Repair Supplies Telephone Electric Utility Refuse Repairs/Maint Contractual Bldg Repairs/Maint Contractual Eqpt Miscellaneous Sub -Total I 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 1Repairs/Maint Contractual Bldg Repairs/Maint Contractual Eqpt Rentals - Building I Uniforms Budget $26,000.00 $100,000.00 Per Range Amt $7,225.97 $58,140.73 Variance $18,774.03 $41,859.27 $500.00 $49.63 $450.37 $500.00 $85.62 $414.38 $6,500.00 $1,695.63 $4,804.37 $5,000.00 $2,347.45 $2,652.55 $2,040.00 $479.45 $1,560.55 $8,000.00 $4,605.56 $3,394.44 $6,000.001 $2,836.20 $3,163.80 $400.00 $247.01 $152.99 $28,940.00 $12,346.55 $16,593.45 $322,000.00 $157,791.08 $164,208.92 $17,434.00 $4,543.37 $93,850.00 $56,963.98 $964.00 $24822 $5,583.00 $3,813.70 $1,306.00 $891.94 $3,127.00 $476.21 $2,469.00 $0.00 $1,500.00 $133.03 $750.00 $0.00 $2,000.00 $0.00 $4,000.00 $0.00 $4,500.00 $940.90 $0.00 $348.00 $1,000.00 $50.07 $1,200.00 $486.27 $2,000.00 $2,344.00 $4,600.00 _ $1,416.00 $7,500.00 $97.40 $2,000.00 $1,151.85 $11,792.00 $12,908.00 $4,400.00 $2,595.06 $7,000.00 $2,595.00 $23,000.00 $2,084.94 $1,080.00 $540.00 $9,500.00 $2,012.53 Comments $12,890.63 $36,886.02 $715.78 $1,769.30 $414.06 $2,650.79 $2,469.00 $1,366.97 $750.00 $2,000.00 $4,000.00 $3,559.10 - $348.00 Mics. Parts purchased direct ie. Lamps, Filters $949.93 $713.73 - $344.00 $3,184.00 $7,402.60 $848.15 -$1,116.00 Annual Premiums Paid $1,804.94 $4,405.00 $20,915.06 $540.00 $7,487.47 3 Description Miscellaneous Dues & Subscriptions Books Conferences & Training Pension Contribution Fire State Aid Equipment Transfer Out LUu4 Budget $1,300.00 $2,300.00 $200.00 $15,000.00 $41,000.00 $25,000.00 $10,000.00 $60,000.00 Sub -Total $367,355.00 Building Inspections Full-time Salaries PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance Workers Compensation Office Supplies rPrinted Forms Fuel Engineer Sery Utility Permits ]Plan Review Charges Surcharge Payments 'Telephone 1Travel Expense Insurance Repairs/Maint Contractual Eqpt Rentals - Building Uniforms Miscellaneous 'Dues & Subscriptions ,Books Conferences & Training Transfer Out Sub -Total Civil Defense Animal Control Printed Forms j Contract Services i] Impounding Miscellaneous $113,365.00 $6,292.00 $7,029.00 $1,644.00 $23,588.00 $616.00 $1,000.00 $1,500.00 $3,000.00 $3,000.00 $5,000.00 $13,500.00 $0.00 $1,000.00 $877.00 $500.00 $4,000.00 $600.00 $200.00 $300.00 $300.00 $2,500.00 $5,000.00 $194,811.00 $9,000.00 LVu4 Per Range Amt $721.45 $2,218.45 $0.00 $5,055.00 $0.00 $0.00 $711.89 $0.00 $105,347.26 tuu9 Variance $578.55 $81.55 $200.00 $9,945.00 $41,000.00 $25,000.00 $9,288.11 $60,000.00 $262,007.74 Comments $50,334.73 $63,030.27 $2,437.52 $3,854.48 $3,127.26 $3,901.74 $731.40 $912.60 $6,772.38 $16,815.62 $0.00 $616.00 $370.62 $629.38 $298.20 $1,201.80 $151.13 $2,848.87 $0.00 $3,000.00 $0.00 $5,000.00 -$2,110.52 $15,610.52 $598.55 -$598.55 $105.00 $895.00 $872.00 $5.00 $963.92 -$463.92 Vehicle repairs & Maintenance $957.00 $1,917.00 $2,083.00 $105.15 $494.85 $191.91 $8.09 $741.47 -$441.47 Account Code Misclassification- $276.00 to Fire 295.00 to Bldg Training $0.00 $300.00 $275.00 $2,225.00 $0.00 $5,000.00 $500.00 $5,600.00 $6,000.00 $400.90 Sub -Total $12,500.00 $67,882.72 $126,928.28 $0.00 $9,000.00 $0.00 $3,527.22 $0.00 $0.00 $500.00 $2,072.78 $6,000.00 $400.00 $3,527.22 $8,972.78 4 Description LU1.14 LUV4 LU1.14 Budget Per Range Amt Variance Comments Public Works Full-time Salaries Part-time Salaries PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance I Workers Compensation Office Supplies 1 Fuel 'Shop Materials Equipment Parts Building Repair Supplies Street Maintenance Materials Landscaping Materials Sign Repair Materials Sand/Salt Small Tools & Minor Equipment 'Engineering Services 'Contract Services Telephone Radio 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 Clean-up Days Other Equipment Transfer Out Sub -Total $106,087.00 $0.00 $5,867.00 $6,577.00 $1,538.00 $24,607.00 $3,773.00 $300.00 $8,500.00 $2,500.00 $10,000.00 $1,000.00 $22,500.00 $2,500.00 $4,000.00 $20,000.00 $1,500.00 $2,000.00 $22,500.00 $3,750.00 $200.00 $500.00 $11,265.00 $6,500.00 $250.00 $2,000.00 $1,500.00 $4,500.00 $1,500.00 $900.00 $2,000.00 $500.00 $500.00 $9,500.00 $12,250.00 $78,693.00 $40,606.01 $65,480.99 $900.00-$900.00 Salary Split between Part-time Parks $2,140.85 $3,726.15 $2,573.66 $4,003.34 $601.91 $936.09 $5,288.42 $19,318.58 $0.00 $3,773.00 $0.00 $300.00 $5,248.44 $3,251.56 $623.23 $1,876.77 $1,686.53 $8,313.47 $573.88 $426.12 $270.61 $22,229.39 $325.79 $2,174.21 $786.77 $3 213 23 $4,808.16 $15,191.84 $458.71 $1,041.29 $0.00 $2,000.00 $22,639.00-$139.00 Street Sweeping $14,482.00 Snow Plowing $9738.00 $976.43 $2,773.57 $0.00 $200.00 $5.00 $495.00 $13,603.00-$2,338.00 Annual Premiums Paid $3,758.31 $2,741.69 $479.45 -$229.45 Budget Error -Past Budgets Classified into contract services $412.00 $1,588.00 $2,460.17 -$960.17 Account Code error $1049.06 belongs in water -Repairs of Water Main Break $3,624.80 $875.20 $0.00 $1,500.00 $761.35 $138.65 $821.66 $1,178.34 $150.00 $350.00 $100.00 $400.00 $11,282.74 -$1,782.74 Expense offset by gate receipts $0.00 $12,250.00 $0.00 $78,693.00 $382,057.00 $127,966.88 $254,090.12 Street Lighting $16,800.00 $6,689.37 $10,110.63 5 Description Sanitation Recycling Supplies Newsletter Miscellaneous Budget $6,000.00 $5,000.00 $7,100.00 LW!'" Per Range Amt $0.00 $0.00 $0.00 LYu. Variance $6,000.00 $5,000.00 $7,100.00 Sub -Total $18,100.00 Parks Full-time Salaries 1 Part-time Salaries PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance Workers Compensation Office Supplies Fuel 'Shop Materials Chemicals i 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 Bidgs Repairs/Maint Contractual Eqpt Rentals - Buildings Uniforms Miscellaneous Dues & Subscriptions Conferences & Training Transfer Out Sub -Total $0.00 $18,100.00 $58,215.00 $20,019.23 $23,550.00 $9,063.69 $3,219.00 $1,296.06 $5,069.00 $1,805.08 $1,186.00 $422.19 $9,916.00 $1,865.70 $2,819.00 $0.00 $250.00 $0.00 $2,200.00 $209.03 $1,000.00 $105.96 $500.00 $0.00 $4,000.00 $559.51 $1,000.00 $38.51 $10,000.00 $477.93 $1,000.00 $45.49 $1,500.00 $505.51 $0.00 $30.00 $2,900.00 $3,084.00 $6,050.00 $2,938.15 $2,400.00 $919.80 $2,000.00 $1,060.93 $5,000.00 $90.53 $1,000.00 $6.38 $2,500.00 $1,124.17 $400.00 $52.37 $100.00 $128.00 $100.00 $400.00 $16,500.00 $164,774.00 General Fund Total $2,377,150.00 $38,195.77 $14,486.31 $1,922.94 $3,263.92 $763.81 $8,050.30 $2,819.00 $250.00 $1,990.97 $894.04 $500.00 $3,440.49 $961.49 $9,522.07 $954.51 $994.49 -$30.00 -$184.00 Annual Premiums Paid $3,111.85 $1,480.20 $939.07 $4,909.47 $993.62 $1,375.83 $347.63 -$28.00 $50.00 $50.00 $0.00 $400.00 $0.00 $16,500.00 $45,898.22 $118,875.78 $860,913.78 $1,516,236.22 Comments 6 1 WW1. GYYY LV V'4 Description Budget Per Range Amt Variance Comments Water Enterprise Operating Full-time Salaries $61,939.00 $30,008.20 $31,930.80 PERA Contributions $3,425.00 $1,518.24 $1,906.76 FICA Contributions $3,840.00 $1,863.93 $1,976.07 Medicare Contributions $898.00 $435.90 $462.10 1 Health \Dental Insurance $9,171.00 $3,037.10 $6,133.90 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 Meters & Supplies $16,000.00 $1,099.70 $14,900.30 Small Tools & Minor Equipment $197.00 $95.00 $102.00 Engineering Services $2,500.00 $2,182.81 $317.19 Software Support $4,000.00 $379.00 $3,621.00 Telephone $2,000.00 $534.39 $1,465.61 Postage $650.00 $0.00 $650.00 Travel Expense $600.00 $327.00 $273.00 Insurance $2,380.00 $2,985.00 -$605.00 Annual Premiums Paid Electric Utility $12,000.00 $5,704.47 $6,295.53 Water Utility $35,000.00 $21,335.67 $13,664.33 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 $73,721.14 $94,418.86 Sewer (Full-time Salaries $17,594.00 $6,912.85 $10,681.15 PERA Contributions $973.00 $348.60 $624.40 I FICA Contributions $1,091.00 $429.56 $661.44 Medicare Contributions $255.00 $100.48 $154.52 Health/Dental Insurance $2,375.00 $629.31 $1,745.69 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 $3,618.19 -$2,118.19 Lift station Repairs !Telephone $1,150.00 $662.52 $487.48 Travel Expense $0.00 $15.00 -$15.00 ,Electric Utility $1,225.00 $801.11 $423.89 Repairs\Maint Imp Not Bldgs $1,000.00 $2,511.29 -$1,511.29 Lift station Repairs Miscellaneous Expenses $0.00 $300.00 -$300.00 Emergency Pumping due to Lift Station failures (Conferences & Training $0.00 $318.40 -$318.40 1 Sub -Total $28,215.00 $16,647.31 $11,567.69 7 Description LUU't Budget LVV'F LVV4 Per Range Amt Variance Comments Surface Water Full-time Salaries PERA Contributions I 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 Contract Services Repairs/Maint Not Bldg Miscellaneous Expenses Transfer Out Sub -Total Total Operating Funds $24,751.00 $1,369.00 $1,535.00 $359.00 $4,771.00 $340.00 $500.00 $2,162.00 $1,000.00 $4,500.00 $2,100.00 $1,000.00 $1,576.00 $2,000.00 $2,000.00 $0.00 $30,315.00 $80,278.00 $276,633.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $8,062.39 $0.00 $4,050.00 $515.00 $0.00 $0.00 $348.26 $0.00 $12,975.65 $103,344.10 $24,751.00 $1,369.00 $1,535.00 $359.00 $4,771.00 $340.00 $500.00 $2,162.00 $1,000.00 -$3,562.39 Surface Water start-up expense $2,100.00 -$3,050.00 Surface Water start-up expense $1,061.00 $2,000.00 $2,000.00 -$348.26 $30,315.00 $67,302.35 $173,288.90 Grand Total' $2,653,783.00 $964,257.88 $1,689,525.12 Lake Elmo City Council 06-15-2004 Agenda Section: FINANCE Agenda Item: Reimbursement Resolution Background Information for June 15.2004: No. SB In order for the City to reimburse the General Fund from a Bond issued, it is required to adopt a resolution authorizing the repayment of funds. Attached, please find a resolution granting reimbursement to the General Fund for a Capital expenditure from bonds issued by the City. Action Items: Motion to approve Resolution # 050 granting the Person responsible: City to repay expenditues made out of the General Fund from Tom Bouthilet Bond Proceeds. Attachments: 1. Resolution 050 CERTIFICATION OF MINUTES RELATING TO REIMBURSEMENT OF EXPENDITURES Issuer: City of Lake Elmo, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on June 15, 2004, at 7 p.m., at the City offices. members present: Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION NO. 2004-050 RESOLUTION AUTHORIZING REIMBURSEMENT OF EXPENDITURES I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and conect and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 15th day of June, 2004. Martin J. Rafferty, City Administrator Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION AUTHORIZING REIMBURSEMENT OF EXPENDITURES BE IT RESOLVED by the City Council (the "Council") of Lake Elmo, Minnesota (the "City"), as follows: 1. Recitals. (a) The Department of Treasury has promulgated final regulations governing the use of proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse an issuer for project expenditures made by the issuer prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the "Regulations") require that the issuer adopt a statement of official intent to reimburse an original expenditure not later than 60 days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds within 18 months after the date the expenditure is paid or the date the project is placed in service or abandoned, but in no event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. (b) The City desires to comply with requirements of the Regulations with respect to the project hereinafter identified. 2. Official Intent Declaration. (a) The City has determined that it will undertake a project (the "Project") comprising the acquisition, renovation and expansion of a facility (the "Facility") located at 3880 Laverne Avenue North, in the City. The City will use the Facility for various purposes, including without limitation as a City Hall. The cost of the Project is presently estimated at $3,800,000.00. (b) Other than (i) expenditures to be paid or reimbursed from sources other than the Bonds (as hereinafter defined), (ii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(0(2) of the Regulations, or (iii) de minimus expenditures (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures for the Project have heretofore been paid by the City and no expenditures will be paid by the City until after the date of this Resolution. (c) The City reasonably expects to issue Capital Improvement Plan Bonds in an estimated maximum aggregate principal amount of $3,800,000.00 (the "Bonds") after the date of payment of all or a portion of the costs of the Project. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations 3. Buduetary Matters. As of the date hereof, there are no funds of the City reserved, allocated on a long term -basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Project, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the budgetary and financial circumstances of the City as they exist or are reasonably foreseeable on the date hereof. 4. Reimbursement Allocations. The Finance Director of the City shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the Project. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Project and shall specifically identify the actual original expenditure being reimbursed. 3 7A, Summary Building Report IVlay-LUU4 Permits Issued Valuation New Residential 3 $2,175,468.00 New Commercial 0 $0.00 Other Residential 40 $369,670.00 Other Commercial 1 $4,000.00 Total 44 $2,549,138.00 Total Building Fees Collected ' $31,292.80 Summary Plumbing Report Plumbing New Residential New Commercial Year to uate Permits Issued Valuation 5 $3,257,968.00 2 $500,000.00 Other Residential 123 $1,393,837.00 Other Commercial 15 $424,783.00 Total 145 $5,576,588.00 i Total Building Fees Collected I $75,827.38 Summary Plumbing Report 14 $156,700.00 Plumbing Total Plumbing Fees Collected ' $805.00 Summary HVAC Report HVAC 9 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 $60,285.00 $554.00 $32,651.80 $1,250.64 $0.00 $0.00 $0.00 $31,401.16 $30,776.16 $400.00 $225.00 40 $311,501.00 1 Total Plumbing Fees Collected ! $2,872.25 I HVAC Summary HVAC Report 48 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 $205,758.00 $3,127.25 $81,826.88 $2,765.12 $0.00 $0.00 $0.00 I $79,061.76 $78,436.76 $400.00 $225.00 City ofLake Elmo Building Department Building Permit Detail Summary May 01, 2004 Through May 31, 2004 Occupancy Class Of Work: Demolition Permit # Description of Work 4069 demolition Totals for Class Of Work: Demolition Number of Permits = 1 Totals for Occupancy: Occupancy U-1 Class Of Work: Add Number of Permits =1 Permit # Description of Work 4045 accessory structure Totals for Class Of Work: Add Class Of Work: Remodel Permit # Number of Pernnits = 1 Description of Work 4073 Basement finish (includes plmg&htg) 4046 Remodel Totals for Class Of Work: Remodel Number ofPemnits = 2 Date Issued Use of Building 5/18/2004 Commercial Sum of Valuation = Sum of Valuation = Valuation 11,000 11,000 11,000 Valuation Date Issued Use of Building 5/7/2004 Accessory Building 6,659 Sum of Valuation = 6,659 Date Issued Use of Building 5/19/2004 Single Family Dwelling 5/7/2004 Single Family Dwelling Sum of Valuation = Valuation 10,000 20,500 30,500 Wednesday, June 09, 2004 Page 1 of 5 Class Of Work: Alter Permit # Description of Work 4061 Other Totals for Class Of Work: Alter Number of Perrmits = 1 Totals for Occupancy: U-1 Occupancy R-3 Number of Permits = 4 Class Of Work: Add Permit* Description of Work 4047 addition & remodel 4041 Deck 4040 addition 4090 Porch 4042 accessory structure 4072 swimming pool 4067 Deck 4075 accessory structure 4078 Deck 4088 Deck 4083 Fireplace 4086 deck/ porch Totals for Class Of Work: Add Number of Perrmits = 12 Date Issued Use of Building Valuation 5/17/2004 Commercial 4,000 Sum of Valuation = 4,000 Sum of Valuation = 41,159 Valuation Date Issued Use of Building 5/10/2004 Single Family Dwelling 40,000 5/6/2004 Single Family Dwelling 2,200 5/6/2004 Single Family Dwelling 3,000 5/28/2004 Single Family Dwelling 15,000 5/6/2004 Single Family Dwelling 36,900 5/19/2004 Single Family Dwelling 3,700 5/18/2004 Single Family Dwelling 4,000 5/26/2004 Accessory Building 15,000 5/26/2004 Single Family Dwelling 6,056 5/28/2004 Single Family Dwelling 5,000 5/26/2004 Single Family Dwelling 2,300 5/26/2004 Single Family Dwelling 43,800 Sum of Valuation = 176,956 Wednesday, June 09, 2004 Page 2 of 5 Class Of Work: Remodel Valuation Permit# Description of Work Date Issued Use of Building 4085 Siding & Window Replacement 5/26/2004 Single Family Dwelling 1,500 4044 window replacement 5/7/2004 Single Family Dwelling 7,853 4039 reroof 5/6/2004 Single Family Dwelling 3,200 4089 Fireplace 5/28/2004 Single Family Dwelling 2,300 4082 Siding & Window Replacement 5/26/2004 Single Family Dwelling 1,500 4084 window replacement 5/26/2004 Single Family Dwelling 2,200 4035 reroof 5/3/2004 Single Family Dwelling 11,500 4049 Basement finish (includes plmg&htg) 5/12/2004 Single Family Dwelling 30,000 4051 Remodel 5/12/2004 Single Family Dwelling 25,000 4053 reroof 5/12/2004 Single Family Dwelling 10,190 Totals for Class Of Work: Remodel Number ofPerrmits = 10 Sum of Valuation = 95,243 Class Of Work: New Valuation Permit# Description of Work Date Issued Use of Building 4087 New House 5/27/2004 Single Family Dwelling 375,468 4060 New House 5/14/2004 Single Family Dwelling 700,000 4036 5/4/2004 Mobile Home 1,000 4037 deck/ porch 5/4/2004 deck/porch 2,000 4038 New House 5/5/2004 Single Family Dwelling 1,100,000 4076 Deck 5/26/2004 Single Family Dwelling 2,500 Totals for Class Of Work: New Number ofPemnits = 6 Sum of Valuation = 2,180,968 Wednesday, June 09, 2004 Page 3 of 5 Class Of Work: Repair Valuation Permit# Description of Work Date Issued Use of Building 4059 Deck 5/13/2004 Single Family Dwelling 300 4071 reroof 5/18/2004 Single Family Dwelling 2,850 4077 reroof 5/26/2004 Single Family Dwelling 16,866 4062 reroof 5/17/2004 Single Family Dwelling 6,000 Totals for Class Of Work: Repair Number of Perrmits = 4 Sum of Valuation = 26,016 Class Of Work: Alter Valuation Permit # Description of Work Date Issued Use of Building 4064 fence 5/18/2004 Single Family Dwelling 8,496 4063 window replacement 5/18/2004 Single Family Dwelling 1,500 Totals for Class Of Work: Alter Number of Perrmits = 2 Sum of Valuation = 9,996 Class Of Work: Demolition Valuation Pennit # Description of Work Date Issued Use of Building 4048 demolition 5/11/2004 Single Family Dwelling 0 4074 Excavation & Grading 5/24/2004 Single Family Dwelling 1,500 4079 demolition 5/26/2004 Single Family Dwelling 2,100 4080 demolition 5/26/2004 Single Family Dwelling 2,100 4081 demolition 5/26/2004 Single Family Dwelling 2,100 Totals for Class Of Work: Demolition Number of Perrmits = 5 Sum of Valuation = 7,800 Totals for Occupancy: R-3 Number of Permits = 39 Sum of Valuation = 2,496,979 Wednesday, June 09, 2004 Page 4 of 5 Grand Total for All Permits Issued: Number of Permits 44 Total Valuation = 2,549,138 Wednesday, June 09, 2004 Page 5 of 5 City of Lake Elmo Building Department Building Permit Detail Summary Occupancy R-3 Class Of Work: New Permit # Description of Work 4087 New House 4076 Deck 4060 New House 4038 New House 4037 deck/ porch 4036 Totals for Class Of Work: New Number of Perrmits = 6 Date Issued Valuation 5/27/2004 Single Family Dwelling 375,468 5/26/2004 Single Family Dwelling 2,500 5/14/2004 Single Family Dwelling 700,000 5/5/2004 Single Family Dwelling 1,100,000 5/4/2004 deck/porch 2,000 5/4/2004 Mobile Home 1,000 Sum of Valuation = 2,180,968 Use of Building Totals for Occupancy: R-3 Number of Permits = 6 Sum of Valuation = 2,180,968 Grand Total for All Permits Issued: Number of Permits 6 Total Valuation = 2,180,968 Wednesday, June 09, 2004 Page 1 of 1 City of Lake Elmo Building Department Plumbing Permit Detail Summary May 01, 2004 Through May 31, 2004 Permit # Description of Work 4038 new resd plmg & sewer/septic 4046 alter resd plmg 4047 alter resd plmg 4052 alter resd plmg 4054 lawn sprinkler 4055 lawn sprinkler 4056 alter septic 4057 alter septic 4058 alter septic 4060 new resd plmg & sewer/septic 4066 alter resd plmg 4068 commercial plumbing alter 4070 water heater install 4087 Hookup city water and sewer and plumb new house Date Issued 5/5/2004 5/7/2004 5/10/2004 5/12/2004 5/12/2004 500 5(12/2004 500 5/12/2004 11,400 5/13/2004 29,000 5/13/2004 8,500 5/14/2004 32,000 5/16/2004 400 5/1812004 1,500 5/18/2004 400 5/27/2004 30,000 Number of Permits 14 Total Valuation = 156,700 Valuation 32,000 2,000 5,500 3,000 Wednesday, June 09, 2004 Page 1 of 1 City of Lake Elmo Building Department HVAC Permit Detail Summary May 01, 2004 Through May 31, 2004 Permit # Description of Work Date issued Valuation 4036 Gasline 5/4/2004 1,000 4038 New HVAC Residential 5/5/2004 16,000 4043 alter resd hvac 5/7/2004 5,885 4047 alter resd hvac 5/10/2004 2,500 4050 alter resd hvac 5/12/2004 1,800 4052 alter resd hvac 5/12/2004 1,200 4060 HVAC-residential 5/14/2004 13,000 4065 HVAC-residential 5/18/2004 6,900 4087 HVAC-residential 5/27/2004 12,000 Number of Permits 9 Total Valuation = 60,285 Wednesday June 09, 2004 Page 1 of 1 City of Lake Elmo Building Department Building Permit Fees May 01, 2004 Through May 31, 2004 Date Permit # Permit Fee Surcharge Plan RevieiOther Investigatiot6`AC Fee Sewer Fee WAC Fee Meter Sales Tax 5/3/2004 4035 $209.25 $5.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/4/2004 4036 $50.00 $0.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/4/2004 4037 $69.25 $1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/5/2004 4038 $5,973.75 $540.00 $3,882.94 $50.50 $0.00 $0.00 $75.00 $0.00 $0.00 $0.00 5/6/2004 4039 $9725 $1.60 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/6/2004 4040 $83.25 $1.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/6/2004 4041 $83.25 $1.10 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/6/2004 4042 $512.95 $18.45 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/7/2004 4044 $153.25 $3.93 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/7/2004 4045 $139.25 $3.33 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/7/2004 4046 $33525 $1025 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/10/2004 4047 $543.25 $20.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/11/2004 4048 $0.00 $0.00 $0.00 $50.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/12/2004 4049 $442.25 $15.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/12/2004 4051 $391.25 $12.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/12/2004 4053 $195.25 $5.10 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/13/2004 4059 $23.50 $0.15 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/14/2004 4060 $4,183.75 $350.00 $2,719.44 $50.50 $0.00 $0.00 $75.00 $0.00 $0.00 $0.00 5/17/2004 4061 $0.00 $0.00 $0.00 $50.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/17/2004 4062 $125.25 $3.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/18/2004 4063 $54.00 $0.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/18/2004 4064 $167.25 $4.25 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Wednesday, June 09, 2004 Page 1 of 3 City of Lake Elmo Building Department Building Permit Fees May 01, 2004 Through May 31, 2004 Date Permit # Permit Fee Surcharge Plan Reviel4Other Investigatior6AC Fee Sewer Fee WAC Fee Meter Sales Tax 5/18/2004 4067 $97.25 $2.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/18/2004 4069 $0.00 $0.00 $0.00 $80.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/18/2004 4071 $83.25 $1.42 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/19/2004 4072 $97.25 $1.85 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/19/2004 4073 $181.25 $5.00 $0.00 $0.00 $181.25 $0.00 $0.00 $0.00 $0.00 $0.00 5/24/2004 4074 $50.00 $0.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/26/2004 4075 $251.25 $7.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/26/2004 4076 $83.25 $1.25 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/26/2004 4077 $279.25 $8.43 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/26/2004 4079 $0.00 $0.00 $0.00 $50.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/26/2004 4080 $0.00 $0.00 $0.00 $50.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/26/2004 4081 $0.00 $0.00 $0.00 $50.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/26/2004 4082 $54.00 $0.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/26/2004 4083 $83.25 $1.15 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/26/2004 4084 $83.25 $1.10 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/26/2004 4085 $54.00 $0.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/26/2004 4086 $583.65 $21.90 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/27/2004 4087 $2,539.35 $187.73 $1,650.58 $50.50 $0.00 $0.00 $75.00 $1,700.00 $400.00 $0.00 5/28/2004 4088 $111.25 $2.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/28/2004 4089 $83.25 $1.15 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5/28/2004 4090 $251.25 $7.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Wednesday, June 09, 2004 • Page 2 of 3 City of Lake Elmo Building Department Building Permit Fees May 01, 2004 Through May 31, 2004 Date Permit # Permit Fee Surcharge Plan RevieiOther Totals: Investigatior6ACFee Sewer Fee WACFee Meter Sales Tax $18,798.45 $1,250.64 $8,252.96 $484.50 $181.25 $0.00 $225.00 $1,700.00 $400.00 $0.00 Grand Total of Building Related Fees Collected: $31,292.80 Wednesday, June 09, 2004 Page 3 of 3 City of Lake Elmo Building Department Plumbing Permit Fees May 01, 2004 Through May 31, 2004 Date Permit # 5/5/2004 4038 5/7/2004 4046 5/10/2004 4047 5/12/2004 4052 5/12/2004 4054 5/12/2004 4055 5/12/2004 4056 5/13/2004 4057 5/13/2004 4058 5/14/2004 4060 5/18/2004 4066 5/18/2004 4068 5/18/2004 4070 5/27/2004 4087 Permit Fee Surcharge $100.00 $0.50 $50.00 $0.50 $50.00 $0.50 $50.00 $0.50 $100.00 $0.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $100.00 $0.50 $50.00 $0.50 $150.00 $0.50 $50.00 $0.50 $100.00 $0.50 Totals: $800.00 $5.00 Grand Total of Plumbing Fees Collected: $805.00 City of Lake Elmo Building Department HVAC Permit Fees May 01, 2004 Through May 31, 2004 Date Permit # 5/4/2004 4036 5/5/2004 4038 5/7/2004 4043 5/10/2004 4047 5/12/2004 4050 5/12/2004 4052 5/14/2004 4060 5/18/2004 4065 5/27/2004 4087 ,.,.. Totals: Permit Fee $0.00 $100.00 $50.00 $50.00 $50.00 $50.00 $100.00 $50.00 $100.00 $550.00 Grand Total of HVAC Fees Collected: $554.00 Surcharge $0.00 $0.50 $0.50 $0.50 $0.50 $0.50 $0.50 $0.50 $0.50 "4$4.00» Lake Elmo City Council June 15, 2004 Agenda Section: City Engineer's Report No. SA Agenda Item: Release of Security — Gorman's Restaurant Background Information for June 15.2004: By his letter of May 26 Ed Gorman has requested release of the development and landscape security required by the Section 520 Site Plan approval for the restaurant remodeling and expansion, The City Engineer recommends release based on turf establishment; and, the Public Works Superintendent has advised that the landscaping has survived two growing seasons. Action items: Motion to release the $5,000letter of landscape security by Liberty State Bank on the Gorman's Section 520 Site Plan, as recommended by the City Engineer and City Public Works Director. Attachments: 1. Gorman Request for Release 2. City Engineer's Memo Person resuonsible: C Time Allocated: 0 v (n41 zg; Jza fficw s/NG L dwZ,.Jo ��� 7976 1-974 A' .' -.. -- rf go0A TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: Chuck Dillerud Copies To: From: Thomas D. Prew, P. E. Date: June 11, 2004 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Reference: Gorman's Site Grading City of Lake Elmo Comm. No. 11979-041 Routing: All grading and turf establishment work is complete on this project. The pond outlet control structure is built and operating correctly. I recommend release of any remaining escrow for this phase of the work. Let me know if you have any questions. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Lake Elmo City Council June 15, 2004 Agenda Section: Planning, Land Use & Zoning No. 9A Agenda Item: Setback Variances — 8017 50th Street North (Isaacson) Background Information for June 15. 2004: This application for side and front setback variances to accommodate construction of a 2 car garage was tabled by the Council on June 1 with direction to staff to advise the Council regarding secondary septic drainfield locations on the site. The issue appears to be whether construction of the garage in the location proposed would "use up" a potential site for replacement drain field should the system installed in 1997 fail in the future — an issue with an earlier variance denial. I am advised by the Building Official that the proposed site of the new garage has been historically used as the driveway access/vehicle parking area for this and the previous residence on this lot. As such, it is highly improbable that the proposed garage location could qualify as a future drain field site due to the compacted soils that have resulted from years of vehicle use. I am also advised that the 1997 drain field extends across that portion of the front yard that was not used as driveway; and, that no secondary drain field site has been previously identified on the site. Finally, I am advised that about 165 feet of lot depth remains between the house and the Olson Lake OHW. That area would be a probable candidate for a secondary drain field while still maintaining a 75 foot setback to the Olson Lake OHW. Also, the 50th Street North street surface is nearly 100 feet from the front of the house. There remains additional room for drain field replacement adjacent to the existing 1997 drain field. Action items: Removal of this application from the table, and continued consideration of Draft Resolution #2004-046. Attachments: 1. Draft Resolution # 2004-046 2. June 1, 2004 Agenda Materials Person r•. .onsible: Time Allocated: Lake Elmo City Council June 1, 2004 Agenda Section: Planning, Land Use & Zoning No. 9A Agenda Item: Zoning Setback Variances — 8017 — 50`h Street North (Isaacson) Background Information for June 1, 2004: The Planning Commission has, at its May 10 and May 24 meetings considered an application by Isaacson for side and front setback variances to accommodate construction of an attached two stall garage. The Hearing was conducted on May 10, 2004, at which time the Commission tabled the application to allow the applicant to consider amending the scale of the request. On May 20 the applicant submitted an amended application that reduced the requested side setback variance from 8.5 feet to 4 feet; and, increased the requested front setback variance from 6 feet to 10 feet. On May 24 the Commission reviewed the amended proposal and unanimously (9-0) adopted a motion to recommend approval of the variances requested by the May 20 drawings. By the adopted Findings, the Commission found that a physical hardship does exist for the applicant due to the unusual shape of the parcel; the amended request permits the reasonable use of the property; and there is no impact from the variances on surrounding properties. Person °snonsible: Action items: Motion to adopt Resolution # 2004 approving a side yard set back variance of 4 feet and front yard set back variance of 10 feet for garage construction at 8017 50th Street North, per plans staff - dated May 20, 2004, based on the Findings and recommendation of the Planning Commission. Attachments: Time Allocated: 1. Resolution #2004 - pproving variances. 2. Draft Planning Commission Minutes of May 24, 2004 3. Applicant's May 20, 2004 Graphics 4. Planning Commission Minutes of May 10, 2004 5. Planning Staff report of April 30, 2004 6. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004-046 A RESOLUTION APPROVING A VARIANCE FOR WILLIAM ISAACSON LOCATED AT 8017 50`h STREET NORTH WHEREAS, William Isaacson, 8017 50'h Street North, requested a side yard setback variance and front yard set back variance to accommodate construction of an attached two stall garage. WHEREAS, at its May 10, 2004 meeting, the Lake Elmo Planning Commission held a public hearing at which time the Commission tabled the application to allow William Isaacson to consider amending the scale of the request. WHEREAS, at its May 24, 2004 meeting, the Lake Elmo Planning Commission recommended approval of the amended application that reduced the requested setback variance from 8.5 feet to 4 feet; and, increased the requested front setback variances from 6 feet to 10 feet, per plans staff dated May 20, 2004 based on the following findings: 1. Due to the unique shape of the land parcel and its partial frontage on an unused street right-of-way, reasonable use of the property by the applicant would include a garage structure of the size and at the setbacks proposed by the applicant's graphics dated May 20, 2004. 2. There are circumstances unique to the property, as noted by Finding No. 1, that form the basis for the variances requested. 3. Granting of the variance will not change the essential character of the neighborhood. WHEREAS, at its June 1, 2004 meeting, the Lalce Elmo City Council approved a side yard set back variance of 4 feet and front yard set back variance of 10 feet for garage construction for William Isaacson, 8017 50th Street North, per plans staff dated May 20, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council approves a side yard set back variance of 4 feet and front yard set back variance of 10 feet to William Isaacson for garage construction at 8017 50`h Street North, per plans staff dated May 20, 2004, based on the findings of the Planning Commission. ADOP IED by the Lake Elmo City Council on the . Lee Hunt, Mayor ATTEST: Martin J. Rafferty, City Administrator DRAFT City of Lake Elmo Planning Commission Meeting Minutes of May 24, 2004 Chairman Helwig called to order the Planning Commission Meeting at 7:00 p.m. COMMISSIONERS PRESENT: Deziel, Sedro, Berg, Ptacek, Meldahl, Sessing, Van Pelt, Johnson, Pelletier, Schneider; STAFF PRESENT: City Administrator Rafferty, City Planner Dillerud, and Recording Secretary Schaffel. Pledge of Allegiance Agenda M/S/P, Meldahl /Berg, To accept the Agenda as presented. VOTE: 9:0. Welcome to Charles Schneider, 2"d Alternate. Commissioner Van Pelt was made Full Voting Member and Liz Johnson Minutes of May 10, 2004 Commissioner Johnson, said on the 2"d page bottom, a motion as made and secod but a motion to table took precedence, and there was no vote. On page 6 bottom, in tte"•last sentenc she suggested that, "Historic barns should get approval for historic colors." On page 7,^nrd paragraph, the first sentence should end after, "Character." moved to First Alternate. Commissioner Sedro said that on page 7, she is indicated is seconding :a motion for which she abstained from the vote. Commissioner Sessing said he was the seconder an,lbat motion. M/S/P, Johnson/Deziel, To accept the Iv Maass ,ef May I(1, 2004 as amended. VOTE: 9:0. M/S/P, Ptacek/Sedro, To nominate.ommisstigner essinifor Secretary. VOTE: 8:0:1 (Abstain: Sessing). Variance Public Hear.' 'Continued: Isaacson The Planner reminded flap commissioners that tit the last meeting, the applicant was asked if he wanted to table his application. Heplained that d new drawing submitted by the applicant did not get added to the packet. The drawing was ddi €sibuted. 4'he Planner said the 6 feet side yard minimum suggested by straw vote of the Commission on Mt"'.10 s reflected in the applicant's drawings staff dated May 20 The Planner presented a set of alter at% positive Findings. He said the Applicant had also dropped off letters of support from his neighbors. Commissioner Johnson noted that the front setback in the new plan is less than previously requested and less than required. The Planner said the front yard setback is not as important an issue in this case since the excess right-of-way of "paper" Park Street results in an effective front set back well in excess of Code standards. He repeated that he believed that Park Street would never be constructed since all residences with frontage on that right-of-way now access from 50th Street North. The Planner reported that Commissioner Sedro had earlier asked about the ability for emergency vehicles to access the rear of the property. She continued her questioning by asking the width of emergency vehicles. The Planner responded that no emergency vehicle is wider the 8.5 foot maximum allowable width on public streets without a special permit; and that most were significantly narrower than the 8.5 feet. He also said it is possible for emergency vehicles to access the rear of this lot on the west side, where a 10 foot set back has been maintained.. DRAFT Commissioner Schneider said he drove past the site, and asked about the neighbor's driveway in relation to the property line. Mr. Isaacson said the dirt driveway borders the property line. M/S/P, Sessing/Johnson, To take the Isaacson Variance from the Table. VOTE: 9:0. The Chairman introduced the letters from Douglas, Severin, Marin, and Braun, the Isaacson's neighbors. Commissioner Deziel said he was pleased to see the redesign, and the garage is 30 feet from the built street. M/S/P, Johnson/Deziel, To recommend approval for side and front yard variances to accommodate the garage construction per the graphics staff dated May 20, 2004, and based on the following Findings: 1. Due to the unique shape of the land parcel and its partial frontageon an unused street right-of- way reasonable use of the property by the applicant would• -include a garage structure of the size and at the setbacks proposed by the applicant's graphi datqg May 20, 2004. 2. There are circumstances unique to the property — as noted by Filiag # 1 — that form the basis for the variances requested. r 4t4 3. Granting of the variance will not change the essential character of the neighborhood. VOTE: 9:0. Limited Business Use Addition ;`k,. The Planner introduced the proposed use of a salon iittiiet r sited Busifiess District by the prospective tenant at Prairie Ridge Office Park.. He reported that".salon ihot presently a conditional or permitted use in the LB district. He advised that thePla ring Ceinmission can initiate amendment of the Zoning Ordinance. He said the commission has satin the past. The Plamier reminded the commission that new uses always appear on the horizdn That paiti be rea$on to amend them into the Zoning Ordinance. Commissioner Sedro said the salon us&seems different from the other uses because more water is used in a salon. She said she is corttern I about tlietseptic system. The Planner said the bitilking square fo tage determines the septic generation, and the system is designed accordingly. He said that's ware footagy limits the scale of the use automatically. Commissioner Sedro said the potential tenant proposes 18 styling stations, generating more traffic than other uses on the list of allowed uses. The Planner said the Commission can use the exact proposal as a basis to include or exclude this type of use. He said the Commission can set the conditions they want to include with any CUP eventually approved for this use. He said that Commission's decision will be based on the scale of the use, not use itself. If the Commission amends the code, the applicant could then come in with a full application responsive to the use description and conditions that appear in the Zoning Ordinance after amendment.. Commissioner Ptacek said when looking at other allowed uses in the Limited Business District, the trips by vehicle appeared to be about the same for any other listed business. He said the use should be allowed because a salon could generate just as much or as little traffic or septic use as the other allowed uses. M/S/P, Johnson/Deziel, To direct staff to publish a hearing notice to amend the uses in the Limited Business District to include a salon as a Conditional Use. Concern was expressed about hair in septic systems. Commissioner Johnson said most salons use catch traps in the drains. DRAFT Commissioner Ptacek asked about SAC Units generated by a salon use. The Planner said that getting into SAC Units might be too fine-tuned for this stage of the process. He said there is a shared septic system in this LB development, and specific conditions may be placed on specific units within that development. VOTE: 9:0. Commissioner Berg asked about the letter from the potential applicant. Is she a potential renter and can renters get a CUP? The Planner said normally not, CUP's run with the land, and if an applicant were only a tenant that request would be viewed differently. The Planner said the building owner would be responsible for the entire operation. Draft Fence Ordinance The Planner thanked the many commissioners who attended the Council's fence workshop. He reported that after three months of work on the draft fence ordinance, the Council watifed to be more directive as to what the ordinance standards would be. The Planner reviewed with the Ornmission the outcomes of the Council workshop. He added that issues of finished side orientation aM''`fdf res in City easements would also need to be addressed by the ordinance amendments. Commissioner Sedro pointed out that Item 3 of staffs May 20Memo mentions cyclone fences, yet Item 6 does not include the cyclone fence when addressing allowable fence.calors. F ��u Commissioner Sedro said she didn't understand what Item 1 wa trying to say. The Planner explained that applied to fences in street;or front yard setbacks. The allowable fence location is the 30 feet setback, whether or not an adjacent hoube,is,Oaf af°that line. He said the same principle would apply on a comer lot.. . Chairman Helwig questioned why vinyl fences ctuil be color but white. Commissioner Sessing asked about wdve$ivire fence. If it were an addition on to existing fence, would the original fence have to ol%nge_t6 greeimir;black? Commissioner Van Pelt said that, in e directions on fence standards. ce, there would be no backyard privacy fences by the Council's The Planner said there was a ausSion about the circumstances on extraordinarily small lots. He said the Council might go along with privacy fences in a townhouse configuration, and also other configurations if the fence was substantially within the property set back line, such as an architectural extension of the house. Commissioner Meldahl said many cities allow an eight foot privacy fence around a patio. The Planner said the problem with that is where is the patio ending? Commissioner Sessing noted that the Council spoke of taller fences inside the building line screening boats and motor homes, but ran out of time to discuss that on May 10. The Planner and Chairman said they did not hear it that way. The Planner brought up security fencing for pools. He said a fence can be 75% open and still secure. Commissioner Sedro asked if it is the job of the Planning Commission to pass on what it comes up with, or to do what the Council says. DRAFT Commissioner Deziel said maybe if the Commission brings some of these issues to the hearing we might hear some of the reasons for the Council's changes. The Planner said the Council wants no privacy fences to six feet in height on property lines.. Commissioner Sedro said the Council dealt with style but not with functionality. Chairman Helwig asked why does the Commission have to have the hearing when it does not agree with the Council? Shouldn't the Council have the hearing? The Planner said it would be better for the Planning Commission to hold the hearing. He said he can structure the hearing notice generic enough so both drafts can be presented. The Planner said the Planning Commission is appointed to do the legwork for the Council, which may, at other times, include doing what Council asks them to do. Commissioner Ptacek said he can live with most of the Council's ordinance: direction, but not with the specified fence colors. He said he does not agree that the City should Ieiislate colors. He recommended including the ordinance for public hearing without the colors of fencesiiPecified. Otherwise, he said he would prefer to send up to the Council the original fencing ordinance. Commissioner Ptacek said the Commission can send a strong-haessage tonight. Hegnid the city does not gain by publishing a generic notice. He said he would rather.. debate.itnow, and send the result to public hearing. Commissioner Sedro said she would like to hear ptiizlle ggmments oikoth ordinances. Commissioner Deziel said he would like to have the bneriejnotice because the Commission only heard subjective opinions as to why the Counciliktl. the changes they did. He said privacy is important to some people. He said if the Commission and Gt until dS naking laws for other people to live by, the City should be more accommodatit. `v .t Commissioner Pelletier asked about publishing in the newsletter and web site. She said fencing is a large enough issue to try for betterlattendance.' ps: `G k. Commissioner Van Pelt agreed that the'#earing notice should be generic since there are very different opinions between the Cotittcil and the Commission as to appropriate fence standards. - M/S/P, Ptacek/Deziel, To direotstaffto publish the generic fence ordinance notice, and bring all ideas forward for public discussion. Commissioner Schneider suggested that the more restrictive the notice appears, the better the attendance will be. VOTE: 9:0. CITY COUNCIL UPDATE The Planner reported that the City Council denied the septic variance for Gary Webster, and they approved entering a contract with SEH for a Trails System Plan which would then come before the Planning Commission as a Comprehensive Plan Amendment. The Planner said he has been working on the new Zoning Ordinance with Dick Thompson over the last several weeks, The Planner said a Concept Plan application has been submitted for the church -owned site at Keats and 36 for 48 of their acres. He said there are also two other sizable applications expected in the next thirty days. DRAFT Chairman Helwig asked if an OP development is created on the church land, does it come back into taxable property? The Planner said it does. The Planner announced that the Supreme Court will hear the City's case against the Metropolitan Council in the first week of June but that he has no idea when a decision will be rendered. ADJOURN 8:09 P.M. Respectfully submitted, Kimberly Schaflel Recording Secretary .LAleg 6 LAO' ..btft 4,9-410,4 c 00/ 1/45" Avite q`24-5..e.con,""d reit afreire- 4 1 . lo 6 tetr, cAve.-4.9 j2acJ 4.42-4 FebaP4 - Aitem 1421 12 Q'o3 3 CO ti City of Lake Elmo To Whom It May Concern: Mike Severin 8012 50th St. N Lake Elmo This letter is in regards to the variance being requested by Will Isaacson for the construction of a garage. We have no objections to the planned construction. It is a new home that currently has no garage. I do not know what the original plans were regarding a garage for the home, but surely the city must have known that a new home built with city approval would eventually require a garage in keeping with every other house built in the city. A man has to have a garage, and denying his request would be unamerican. I would ask that the city approve his request for the variance, as a nice • home like that without a garage just wouldn't be right. Respectfully, Mike Severin S2n). o )t vr0 •, /3,Qdai,tl 77?a 50 of Sr rV IC_.4 h'FL £L ra r r2t N,, f2tnq rU O /LJ c r-r e,e 4_ m t - ' U 4 z h'F} LADE- 4- 10 G 6_turf/ i3r'c-L v 6- E i et-i0— 4- t/4it/ 44JCr. Tp %3cirad /f(S C 4'1 /0Csu-cam. ) V-Fr cfrilfjat e) Location Map R22W RiIW RP(W Vicinity Map 0 800 Scale In Feet wema arere�owonauo Innwreflmeml Ury rvanunvad/enm . ▪ oamvno Omaha wrWweao • ani nntlmt re onmmrnInoureom. murex: Wox+roren cants mnarero Cure. prom Lemoawana rani*Inranonneamuxcnnon MEMO (May 20, 2004) To: Lake Elmo ng Commission From: Ch Subject: Setback Variance for Garage — 8017 50th Street North The Commission tabled this variance application on May 10 to allow the applicant an opportunity to consider modification of his proposal to reduce the degree of variance requested. On May 20 the applicant submitted revised application graphics depicting a garage structure 22 feet wide and 26 feet in length. This plan (May 20) would result in a 6 foot side yard setback (10 feet required, and 1.5 feet previously proposed); and, a 20 foot front setback (30 feet required, and 24.8 feet previously proposed). As previously noted by staff, the front setback is not an issue of consequence for this site due to an unused street right-of-way adjacent to the northeast corner of the site. The Minutes of the May 10 meeting indicate that at least two Commissioners commented that they could support a 6 foot side yards setback. Recognizing that there appeared to be a sense of some of the Commission that variances of some degree might be recommended to the City Council, I have drafted alternate Findings that could accompany such a recommendation, as follow: 1. Due to the unique shape of the land parcel and its partial frontage on an unused street right-of-way reasonable use of the property by the applicant would include a garage structure of the size and at the setbacks proposed by the applicant's graphics dated May 20, 2004. 2. There are circumstances unique to the property — as noted by Finding #1 — that form the basis for the variances requested. 3. Granting of the variance will not change the essential character of the neighborhood. I have attached the April 30, 2004 Planning Staff Report to provide the Commission the pertinent background information; the applicants original request; and the original Finding for Denial. Phil Rader 1�:�!_ ._�=11?r?r?7tt Propert Line co NOTE: PROPERTY LINE LOCATIONS ARE BASED ON THE SURVEY PREPARED BY PAUL R. MCLAGAN & SONS DATED DECEMBER 7,1994. PROPERTY LINES AND EXISTING HOUSE LOCATION ON THE SITE ARE SHOWN FOR REFERENCE ONLY AND SHOULD BE VERIFIED BY A LICENSED SURVEYOR, SITE PLAN 1 % 1/1611 = 11-011 50'-721" +/— EXISTING 44'-8"+/— EXISTI NG 30-1 ]n+/— VERIFYING J 1 N d 01 1 RECEIVED MAY 2 0 2064 5126 Washburn Avenue South Mlnnopolb,Mlnnenla 55410 'Phone: (612) 920.3955 F a lc s (612) 920.3950 w w .phll rader.com Certification: I Nearby certify that this plan and or report was prepared by me, or under my direct supervidon an [hall am a duly registered Archltect under the laws of the State of Minnesota . s Da e: May 16, 2004 Commission: 93-020 Drawn Bre pm Checked ay: 8017 50th Street North Sheet Number: Lake Elmo, Minnesota Al 'd1e00) Phil ao4era.eaneee LTD Phil Rader —NEW FENCE TO BE FURNISHED AND INSTALLED BY OWNER COMPLY WITH ALL LOCAL ZONING AND BUILDING CODES VERIFY FENCE STYLE WITH OWNER ke NOTE: PROPERTY LINE LOCATIONS ARE BASED ON THE SURVEY PREPARED BY PAUL R. MCLAGAN & SONS DATED DECEMBER 7,1994. PROPERTY LINES AND EXISTING HOUSE LOCATION ON THE SITE ARE SHOWN FOR REFERENCE ONLY AND SHOULD BE VERIFIED BYA LICENSED SURVEYOR. i FIRST FLOOR PLAN 1/8" = 11.011 In CONC. STOOP W/ CMU FDN & CONC. FTG. PR \Frg\k (iN X 7'-0" I HM DOOR + FRAME.__ T fr t t E o CONC.- �� o APRON ,' N L LINE OF ROOF ABOVE SHOWN DASHED J REMOVE EXISTING DECK RAILING PATCH DECK FLOORING INFILL GAP BETWEEN DECK AND NEW GARAGE C ANEW GARAGE' Ali L_J L CO)C. SLAB ON GRADE 26' T CONC. APRON Lu TYPICAL EXTERIOR WALL VINYL SIDING TO MATCH . EXISTING, BUILDING WRAP, ,2X6 STUDS AT 16" 0.C., {POLY VAPOR BARRIER, 5/8" G1y13:..Q.D. ASPHALT OR CRUSHED GRAVEL DRIVE N REC:t. W:) MAY 2 0 2U04 5136 Wael,bum Avenue South Minneapolis, MInnew,e 5541 D Phone. 1612) 920.3955 a x. 1612) 910.395E W W philreder.eom Certification: I Nearby certify that this plan, and or report was prepared by me, car under my direct supervision an that lam a duly registered Architect under the laws of the State of Minnesota . Date: May 18, 2004 Commission: 03.020 Drawn By: p18 Checked By: 8017 50th Street North Sheet Number: A2 0290aea1111e11.r.,aa,,.nt, 16'-0" W X 8'-0" H 0/H 5 PANEL OVER HEAD GARAGE DOOR WITH WINDOWS, L. REMOTE OPENER, AND SENSORS FOR (2) NEW LIGHJIY�TURES FTG BELOW FROST LINE AUTOMATIC STOP FOR OBSTRUCTIONS PROPOSED NORTH ELEVATION 1/8" 11-0'I NOTE: VERIFY ALL DIMENSIONS IN FIELD PRIOR TO COMMENCING WORK. EXISTING NORTH ELEVATION = 11-0" NEW ROOF TO MATCH EXISTING PTD. WD TRIM TO MATCH EXIST.-\ SIDING TO MATCH EXISTING INSTALL MEMBRANE FLASHING AT ROOF VALLEYS 12 6 MATCH EXISTING ROOF PITCH VERIFY 12 6 r— EXISTING HOUSE INFILL PORCH ROOF TO MATCH EXISTING INSTALL FLASHING AT ALL WALL/R00 INTERSETIONS ll. L GABLE END LOUVER EXISTING EAST ELEVATION 2 / 1 /8" = 1'-0" VERIFY ROOF PITCH TO ALIGN RIDGE WITH NORTH FACE OF EXISTING HOUSE (2) NEW WINDOWS TO MATCH EXISTING INSTALL FLASH NG AT ALL WALL ROOF INTERSETIONS PROPOSED EAST ELEVATION L -=-r REMOVE EXISTING RAILING TITrrr1 ll IIII q10 11 ALM id LULU IIIg111111 IIIV REMOVE EAST HIP END OF EXIST. PORCH ROOF EXISTING DOOR RELOCATE EXISTING DOOR AND FRAME EXISTING HOUSE INSTALL MEMBRANE FLASHING AT ROOF VALLEYS LINE OF PORCH BEYOND SHOWN DASHED rr/, / J))f r 1111 IVE MEMBRANE NC, BLOCK FDN RECEIVED MAY 2 0 2004 1 J Phil Rader 5126 Washburn Avenue South Minneapolis, MMnewp 55410 Phone: (612) 120.3955 e x 1612) 920.3910 w w w rhlleadea. cam Certification: 1 Nearby certify that this plan, and or tenon was pupated by me, or under my direct supervision an that 1 am a duly registered Architect under the laws of the Ste of Minnesota . Dais: May 18, 2004 Commission: 03-020 Drawn By: Pgit Checked By: PROPOSED Sheet Number: EXTERIOR ELEVATIONS A3 WOOL P00 ann. .,e.n.ee 2m EXISTIN HOUSE EXISTIN PORCH ROOF NEW WINDOW TO MATCH EXISTING WINDOWS 1 nielienne INSTALL FLASHING AT ALL WALL/ROOF INTERSETIONS STEP FOOTING DOWN TO MATCH HEIGHT OF EXISTING FOOTINGS -\ PROPOSED WEST ELEVATION \ 1 / 1/8" = 140" NOTE: VERIFY ALL DIMENSIONS IN FIELD PRIOR TO COMMENCING WORK. 1 INSTALL FLASHING AT ALL WALL/ROOF INTERSETIONS EXISTING HOUSE NEW ROOF TO MATCH EXISTING T I I PTD. WD TRIM TO MATCH EXIST. SIDING TO MATCH EXISTING NEW LIGHT FIXTURE X 7'-0" X 7'-0" 0/H GARAGED DOOR HM DOOR AND FRAME 1 CONC. STEPS AND PTD. STL �� J —HANDRAIL INSIDE SHOWN; ' DASHED 1 ' STEP FOOTING DOWN TO MATCH HEIGHT OF EXISTING HOUSE FOOTING PROPOSED SOUTH ELEVATION \ G / 1/8" = 140" 41!!!) RECEIVED MAr,, D 2©W} Phil Rader gallanitaiN 5126 Washburn Arson South Mlnneapoo, Minnesota 55420 Phone: (612) 920-3955 F a : (612) 920•39313 ww w .pxuraaer.com Certificahan: 1 Nearby certify that this plan, end or report was prepared by me, or under my direct supervision an that 9 am a duly registered Architect under the laws of the Stet of Minnesota . Dei May 19, 2009 Commission: 03-020 Drawn Bp Bla Checked By: • v eS ,l 0 Z v cn ti g W o EXTERIOR ELEVATIONS Sheet Number. 0 N A4 ,I2d01 ea„ nndr, A0001:000 ara AMENDED AND APPROVED: MAY 24, 2004 City of Lake Elmo Planning Commission Meeting Minutes of May 10, 2004 Chairman Helwig called to order the meeting of the Lake Elmo Planning Commission at 7:05 p.m. COMMISSIONERS PRESENT: Bunn, Pelletier, Deziel, Johnson, Sedro, Sessing, Ptacek, and Berg. STAFF PRESENT: Martin Rafferty, City Administrator; Chuck Dillerud, City Planner; and Kimberly Schaffel, Recording Secretary. Pledge of Allegiance Agenda M/S/P, Johnson/Sessing, To accept the Agenda as presented. VOTE: 9:0. Minutes of April 26, 2004 Commissioner Sedro asked for a change to page 5, where the vote on the motion was 5:3:1. Her objection was to Finding 2 because it was not definitive enough. She felt that the word, "Primarily" meant 51 %, and that percentage was not high enough. M/S/P, Sessing/Berg, To accept the Minutes of April 26, 2004 as amended. VOTE: 8:0:1 (Abstain: Ptacek). PUBLIC HEARING Variance to Construct an Attached Garage — ISAACSON The Planner presented the circumstances related to the application for a variance from front and side setbacks, to construct an attached garage. The original home on this lot was torn down years ago, and this home was built. The current house plan had no garage included in the construction. An affidavit was signed by the applicant at that time that a variance might be necessary should they ever wish to construct a garage. The Planner said the size of the garage is a reasonable use of the property. A two -car garage is reasonable. The plan is for a garage of 25'W X 26'D, which might be a bit larger than the base standard for a two -car garage. Part of the lot fronts onto Park Street which is platted but not built. The front yard setback is from that street which could probably be vacated. Findings: 1. It has been previously demonstrated by the applicant that the property can be put to reasonable use without the granting of variances. Reasonable use must be defined in the context of contemporary housing standards and design. The proposed garage addition is in excess of the dimensions that are defined as reasonable. 2. While the property is unique in shape and dimensions, the property owner was fully aware of the size of garage possible within the prescribed setbacks at the time the house was constructed. The variances are required only because the applicant now desires a larger garage structure. 3. Granting of the variance will not change the essential character of the neighborhood. The Planner said the choices are that the applicant could redraw the plan and amend his application or it could be denied as presented. Commissioner Berg asked about the process for a street vacation. The Planner explained that the vacated road would be shared 50/50 with adjoining residents on either side of the road. Lake Elmo Planning Commission Meeting Minutes of May 10, 2004 1 AMENDED AND APPROVED: MAY 24, 2004 The Planner showed a site plan map that was created in 1998 relative to the original building permit for the house. William Isaacson Mr. Isaacson said his home as it was proposed to be constructed had the same footprint as the old home. Then the home had to be shifted over 3.5 feet to meet side yard setbacks. 24' X 24' is the size of a standard two -car garage. His neighbors' garages are very close to their property lines. With a proposed garage of 22 feet, only the southeast corner of the structure would encroach into the setback. THE CHAIR OPENED THE PUBLIC HEARING AT 7:23 P.M. Mrs. Isaacson said she has been requesting a garage for three years. They have equipment, toys, and three children. She would like it to be at least 22 feet wide, 24 feet would be better, and longer if possible. Gary Webster He said that if the applicants' proposed garage is in direct proportion to the others in the neighborhood, it should be approved. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:25 P.M. Mr. Isaacson offered to reduce the size of the garage. After discussion, the Planning Commission and City Planner accepted the verbal adjustment to the plan. Commissioner Deziel said this variance request is similar to the last one the Planning Commission heard which the Council redesigned. He said there is additional room on the lot to the front where the garage could be moved closer to the unbuilt street. He said he recommends a minimum of five feet from the side property line and reduce the distance to the property line in front. The platted street has massive width, even if it were built, it would not be used to that extent. Mr. Isaacson said as planned it is seventy-four feet from the platted road. Commissioner Sedro said she had no problem with the front setback, but it is not great on the side setback. Commissioner Deziel noticed that a city park borders this property and that park might accommodate a common drainfield in the future. He said this is a small lot in a neighborhood of small lots, and he would not push for the vacation of the street. The Planner explained to the applicant the 60-day state rule for applications of this type. Commissioner Bunn said she would propose to change the setback variance to four feet from 1.5 with the same depth. The Planner said the verbal setback differentiation probably could be passed but he would have to rewrite the Findings. He would do it if the commissioners wanted him to do it. M/S, DeziellSessing, To recommend approval of the variance application if the side yard setback is not less than six feet. TABLED (See page 3) Commissioner Bunn said that based upon the drawing, requiring five or six feet means the applicants will not have access to the house, and would require a structural change to the design. Given the neighbors' proximity to their property lines, she said she would allow four feet. Commissioner Berg said he is supportive except for two unknowns, the old drawing, and the street vacation may not happen, so he would prefer tabling or denial. Lake Elmo Planning Commission Meeting Minutes of May 10, 2004 2 AMENDED AND APPROVED: MAY 24, 2004 The Planner said the commission can request six feet of setback at the southeast comer of the new garage based upon new drawings supplied by the applicant, and that the city may need that public land for a 201 system in the future. Commissioner Bunn observed that this is an unusual lot and it is small in a neighborhood of small lots, She said if the applicant was willing to move the garage forward, she would approve four feet. Commissioners Deziel and Pelletier agreed. Commissioner Johnson said she would approve four feet of setback. Commissioner Sedro said she was not comfortable, and would like to see the new plan. She said there are other ways to get more square footage. Commissioner Sessing said he would approve six feet because that is what the commissioners gave to the applicant of the last garage variance. Commissioner Ptacek agreed with Commissioners Sedro and Sessing, and said he does not like to see houses right next to houses. Chairman Helwig said he supports six feet, Commissioner Berg would like the applicant to bring in a revised site plan. Chairman Helwig explained to the applicant that the commission's consensus is to deny it as presented on paper. He said the City Council might help the applicant or redesign it, and asked if the applicant would sign the 60 day waiver and redraw it. Mr. Isaacson said he would like to table it for new drawings, and to request the planner's assistance. He said maybe he can scoot the garage forward enough to get to a wider part of the lot. MIST, Berg/Pelletier, To table the application for a variance at the request of the applicant, until new plans are received. VOTE: 9:0. 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 Lake Elmo Planning Commission Meeting Minutes of May 10, 2004 3 AMENDED AND APPROVED: MAY 24, 2004 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. 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. Lake Elmo Planning Commission Meeting Minutes of May 10, 2004 4 AMENDED AND APPROVED: MAY 24, 2004 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. Mr. Webster distributed Ietters 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. Lake Elmo Planning Commission Meeting Minutes of May 10, 2004 5 AMENDED AND APPROVED: MAY 24, 2004 VOTE: 2:7 — FAILED (DezieUBunn). 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 Bunn 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. THE CHAIR CALLED FOR A FIVE MINUTE RECESS, AND RECONVENED AT 8:40 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 iHE 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 historic barns 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 AMENDED AND APPROVED: MAY 24, 2004 Commissioner Hetwig 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. 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 concem 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, PtaceklSessing, 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). CITY COUNCIL UPDATE The Planner said the city has sent out its first Stormwater Utility Billing, that $8,000.00 will be collected into the utility account, all the other communities are doing this so far, and that staff has perceived only one difficulty so far - multiple tax parcels that make up a homestead. He said those residents are being told to combine their parcels. Commissioner Bunn said she will be writing a letter of resignation and will send it to the City Council because she wants to work on a project that will consume several years. She said she had enjoyed the process, learned a great deal, and is very proud of the work the commission performed on the Old Village and the Community and Staffing Study. She said she is hopeful those plans 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. He said the city needs to find the money to do the streetscapes. He said the Wastewater Report was received and it would work, the Public Water was received and revealed that it would work but that the city needs more storage, the Traffic Report Draft is complete and it presented problems because the concentration of living units will require the installation of traffic signals on Highway 5 at 39th Street, and Lake Elmo Avenue North Lake Elmo Planning Commission Meeting Minutes of May 10, 2004 7 AMENDED AND APPROVED: MAY 24, 2004 and South. He said he is not sure what Mn/DOT would approve. He said the Surface Water Report is not quite complete yet, and the problem of surface flow calculations would require a lake to store the water upstream. He said now the engineers are looking at filtering the stormwater, and sending it into Sunfish Lake, He said the lake rose significantly several years ago, now we are proposing pumping into it, and his prime concern is degradation of the water quality. He said the moratorium extension on development in the Old Village will expire on June 6. The Planner said that the purchase of the Brookfield II Building has been delayed because the sellers' counter appraisal is different from ours. He said the Facilities Committee will review it and make a recommendation. Iie said staff will be viewing another option on Thursday. The Planning Commission welcomed the new City Administrator Martin Rafferty. Adjourned 9:11 p.m. Respectfully submitted, „Lknieei Kimberly Schaffel Recording Secretary Lake Elmo Planning Commission Meeting Minutes of' May 10, 2004 8 LAKE ELMO PLANNING COMMISSION STAFF REPORT Date: April 30, 2004 for the Meeting of May 10, 2004 Applicant: William Isaacson Location: 8017 50th Street North Requested Action: Side/Front Yard Setback Zoning Variances Land Use Plan Guiding: SRD Existing Zoning: R-1 Site History and Existing Conditions: The site is a unusually shaped parcel of approximately 10,500 square feet, fronting (just barely) Olson Lake. City records reveal that an older structure (probably a lake cabin) was demolished on the site; and, the present home was constructed in 1998/1999 (not including a garage). After some adjustment, the 1998 site plan for this lot depicted a future garage that would meet the 10 foot side yard setback; and 30 foot front setback. That garage addition would have been 19 feet in width and 20+ feet in depth. The property owner executed an affidavit certifying his understanding of the setback requirements should he ever decide to build a garage — perhaps required by the Building Official in recognition of the garage size limitations that resulted after construction of the house. Discussion and Analysis: The applicant now proposes to construct an attached garage 25 feet 3 inches wide and 26 feet deep. A garage of those dimensions results in an east side setback of 1 foot 5 inches (10 feet required); and a front (street) setback of 24 feet 10 inches (30 feet required), resulting in the request for two variances. The applicant has submitted written testimony responding to the Findings required for the approval of a zoning variance. As staff has in past, we concur that residences in Minnesota should have a garage. Also as in the past, the question here arises as to how much garage should be the base line for that "Minnesota Garage Entitlement". Staff has generally suggested that a "2 car" garage is probably a reasonable base line, but that then has often lead to the question of what dimensions constitute a "2 car" garage. Considering the length and width of the average vehicle, it is difficult to argue that more than a 20 foot by 20 foot garage is required for vehicle storage purposes. It appears that the applicant submits that, due special family circumstances, there is a need to store other items in the garage to free up basement space. While we certainly can empathize with those family circumstances — as we have with similar circumstances previously — we again remind the Commission that the variance goes with the property, not the applicant family. While the family's circumstances may well change over time, the structure will remain as constructed today. The 1998 acknowledgment by the applicant of the setback requirements that would be applied once the applicant did construct a garage adds an element to this variance application not found in previous applications. City records even reveal a sketch by the applicant depicting how a 19 foot by 20 foot garage could be added to the house with no variances. On that basis, how much of the physical hardship related to the land (the only hardship that counts in zoning) is self-imposed by increasing the garage size 62% over the 1998 representation? Mitigating the front setback circumstances to some degree is an odd public street arrangement fronting this property. The northwest/southeast diagonal portion the street frontage of this parcel is to a street that does not exist. The Park Avenue diagonal street has never been constructed, not will it likely ever be. That results in 15+ feet of effective additional lot depth to 50`h Street on the east side of this parcel where the garage would be located. While staff is hesitant to design alternatives for any applicant, we can here suggest that extra non - vehicular storage in a garage can be a function of garage depth even more than garage width. Perhaps a design could be developed here that would result in little or no side yard variance, only minimal front yard setback variance - where the effective lot depth is greater than the legal dimensions of the lot would imply. Perhaps that unusual shape of the lot could support a variance of this degree and type. Findings and Recommendations: Based on the application as now proposed we suggest the following Findings: 1. It has been previously demonstrated by the applicant that the property can be put to reasonable use without the granting of variances. Reasonable use must be defined in the context of contemporary housing standards and design. The proposed garage addition is in excess of the dimensions that are defined as reasonable. 2. While the property is unique in shape and dimensions, the property owner was fully aware of the size of garage possible within the prescribed setbacks at the time the house was constructed. The variances are required only because the applicant now desires a larger garage structure. 3. Granting of the variance will not change the essential character of the neighborhood. Based on these Findings staff recommends the variances, as proposed, be denied. We suggest, however, that the applicant could consider redesign of the garage to minimize the variance applied for. If the Commission concurs that some degree of variance is warranted, the applicant could be asked to provide a waiver of the 60 day review period, and the application could be tabled for redesign by the applicant. If, however, the Commission does not believe any degree of variance is supported by the facts — or, should the applicant not wish to consider a redesign — the application should be referred to the City Council as proposed, with a denial recommendation. Planning Commission Actions Requested: Two alternative Motions could be considered, as follow: 1. Motion to deny the application William Isaacson for side and front yard setback variances to accommodate garage construction at 8017 50`h Street North based on the Findings of the Planning Staff Report of April 30, 2004. 2. Motion to table the application of William Isaacson for side and front yard setback variances to accommodate garage construction at 8017 50th Street North to allow the applicant to redesign the project, based on the applicant's waiver of the City's 60 day application review period. 3. Motion to recommend approval of the application of William Isaacson for side and front yard setback variances to accommodate garage construction at 8017 50th Street North per eraphics taff datedApril30, 2004, and based on the following Finding Charles E.l5illerud, City Planner Attachments: 1. Location Map 2. Applicant's Graphics and Narrative 3. Neighbor Letter 4. Applicant's 1998 affidavit 5. Applicant's 1998 Graphics - 50'-71" +/ EXISTING 44'-8"+/- EXISTING 34'-12"+/- VERIFYING NOTE, PROPERTY LINE LOCATIONS ARE BA DECEMBER 7,1994. PROPERTY LINES REFERENCE ONLY AND SHOULD BE -. SITE PLAN / 1/16" = 11-011 i1 di 1 1 1 4 Phil Rader 5126 WnItbum Aamue SwiA Minneapolis. Mlnnemu 55470 Phone, (612) 920-3955 Y e x : )612) 920-0950 w w w phl) Fatly,. eon, Certification f Heathy certify that this plan, and or report was prepared by me, or under my direct supervision an that I am a duly registered Architect under the laws of the State of Minnesota . le: November 24, 2003 Commission: 03-020 Drawn By. P7x Checked By: Ain Sheet Number Al 02003 Pail Rader A,.an..e,m LAKE POULEV ci 1-4 NORTH LINE OF NW 1/4 SECTION 9, T.29N., R.21W 1-1 LINE OF NE 1/4 SECTION 8, T.29N„ ,4\1/' N89647'0131E _ 5.4. DO ciN (— .)(t3 Pon, ovec .. 8.1 Fte-1; e`: z 1.7 1 te I- SIIST !dome curl/ I. Z)ed 1 0 , F4- Cr7 (.3 F4—FIDM boes+ w 0 -)ropel.-1-11 Hit r, N al l) IL 44. •-• o 0 w Z S 1-- En .0 8 w 3 GAP 4.9 111Cd./.1/04:7, "4-4.1,,/ye. 929.8 0 928.4 U/S E f(y i 1 doi, .:, . 1.1::: (.,, ),,,,i.• ,, 0 ..„, ,i, ;4 , ... ;; iPLI i e .4cui.ia Vikii.1;.. 4 v tigitafAhliolV di f 1,-;..,,...«,,,d.J....1:-, .; • ;.'" ' - 1 . ;:f1:10,q4j. ik •, ;;:•. - „ , • " ri- -.....:.1' l'H ''''' ;; -,' ; ' A • ' ''-t'' ,• '4'1:4 4) - !..,, 0) i \ • • ; . . . 44i t ......- .-../ V . West line of the Plat of Lanes . Dwmontreville Country, Club / .1 ) 9. i.; 936. ; 1,14 _ Westerly line of vacated beach 1 as shown on Washington' CounityLittVird)40 ; • — SEE DETA L. " Oki CITY OF ELMO LAKE October 1, 1998 City of Lake Elmo RE: 8017 50th St. North Lake Elmo 777-5510 3800 Laverne Avenue North / Lake Elmo, Minnesota 55042 The approval of Permit Application 91-593 , for a single family residence, in no way intends to circumvent the requirements of the City Code for variance procedures. When and if a residential garage is built upon said property it must meet the required.. setbacks of the City Oridnance. If it is not possible to meet the required setbacks when constructing a. garage, I understand a Variance Application Form will need to be completed and presented to the City of Lake Elmo for their review and approval. I fully ,,��u//nderstanddthe above and agree to the conditions. Signature 0a jb printed on recycled paper /'%//e,c7 Date Lake Elmo City Council June 15, 2004 Agenda Section: Planning, Land Use & Zoning No. 9B Agenda Item: Street Vacation — Highlands Trail North Background Information for June 15. 2004: The property owners abutting unimproved Highlands Trail North, west of Hilltop Avenue North, have petitioned the City for vacation of the portion of Highlands Trail between their properties (a total of approximately 27,000 square feet). This "paper" street could not now be logically extended due to the platting/street arrangement in adjoining Oakdale, and extensive wetlands to the west and south. Since the "paper" intersecting north/south street is also a gas line route, no vacation is proposed there. The City Engineer recommends that the vacation be approved, subject to the adjoining property owners (equal recipients of the vacated property between their existing lots) each providing the City with a 5 foot drainage, utility, and public trail easement along the former centerline of the vacated street ROW. State Statute requires the City Council conduct a Public Hearing regarding the petitioned street vacation. Staff recommends adoption of the attached resolution. Action items: Motion to adopt Resolution #2004- , vacating a portion of Highlands Trail North subject to easements. Attachments: 019' 1. Draft Resolution #2004 - , Approving Vacation 2. Location Map 3. Plat Map 4. City Engineer's memo Person responsible: City Planner Time Allocated: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004-049 A RESOLUTION RELATING TO THE VACATION OF PORTIONS OF HIGHLAND TRAIL NORTH WHEREAS, the City received a request that certain platted unimproved portions of Highlands Trail North be vacated; WHEREAS, the City conducted a public hearing pursuant to Minnesota Statutes 412.851 and received comments from interested parties; and WHEREAS, the Lalce Elmo City Council has determined that it is in the public's interest to vacate the following described platted, but unimproved portions of Highlands Trail North. NOW, THEREFORE, BE IT RESOLVED, that the following street segments are hereby vacated: 1. (Legals to be provided by the City Engineer). FURTHER, that the vacation be approved subject to adjoining property owners (equal recipients of the vacated property between their existing lots) each providing the City with a 5-foot drainage, utility, and public trail easement along the former centerline of the vacated street right-of-way. AND BE IT FURTHER RESOLVED, that the City Clerk is directed to file a certified copy of this Resolution with the Washington County Recorder. IN WITNESS WHEREOF, the City of Lake Elmo has executed this Resolution by authorized officers as indicated below on this 15th day of June, 2004. Approved By: CITY OF LAKE ELMO By: Lee Hunt Its: Mayor Attested By: By: Martin J. Rafferty Its: City Administrator Vacation Highlands Trail -50 JUN-11-2004 12:36 "! / / I ( 2, 1 r ' / (coil: .10 Sit ok 114 TKDA (0022) 41c) 41TISIOS 5 • (0003) 320.55 4. (0002; 355,79 3 '(0001) 193 96 A g 2 40- 6-029-21-43-0025 v 440.77 '3" tic 1 1 651 292 0083 P.03/03 O DEMONTREVILLE d 1I -7 `16 (0009) 329.05 _ 5 9g (0007) • (0 132At 4 (0006) 391.10 NDS TOTAL P.03 (co Location Map Vicinity Map 0 Scale in Feat 200 Thlh @awlw01a 1M result 014 oomplMllon and nMatluollon of land 'worth. Whey apposcTFil v. NOM diming .M1ould Millington owCountyiolpl for POMMY narynolbkrposennllor any Inlowmoit. not Sound' W.Mnglon County auNoyah Mice Phone l651143041176 P.n.I J.I. b...a on •040D Nramonm JUN-1i—GI4 1Gz 5b KIJH bJ1 G7G bbb3 t'.02/I15 TKDA ENG NEERS ARCHITECTS ^ PLANNEHS MEMORANDUM To: Chuck Dillerud Copies To: From: Date: Thomas D. Prew, P. lune 11, 2004 1500 Piper Jaffrey Plan 444 Cedar Slmel Saint Paul,14H 55101.2140 (651) 292.4400 (651) 292-GO03 Pau www.tkda.tom Reference: Proposed Street Vacation Highlands Trail North City of Lake Elmo, Minnesota Comm. No. 11979-041 Routing: I have reviewed the request for a street vacation for highlands Trail west of Hilltop Avenue, and offer the following comments: It does not appear that this street right-of-way will be used by the City for either a street or a trail as it extends down a steep slope and into a wetland in Oakdale. I would recommend that the vacated street be divided so that the boundary between Lot 1 Block 3 and Lot 5 Block 1 is parallel to the south line of Lot 1. This will avoid the problem of Lot 1 having a small wedge of property behind Lot 5. (See attached figure.) I would recommend a 5-foot wide utility easement be retained on each side of the new property line. This existing pipeline easement cannot be vacated by the city. Let me know if you have any questions. An Employee Owned Company Promoting Affinnsiive Action and Equal Opportoo w May 3, 2004 City of Lake Elmo 3800 Laverne Avenue Lake Elmo, MN 55042 Dear City of Lake Elmo, RECEIVED MAY 3 ?OUW, We live at 5420 Hilltop Avenue N. with our three children. We, along with our neighbors Mike and Liz Eggert, residing at 5350 Hilltop Avenue N., would like to apply for a vacation of the dedicated right-of-way that borders our two properties. We would like this property equally divided between us and the Eggerts. We have been informed that the value of this land will be assessed onto our property values and that property taxes will be assessed accordingly. I have enclosed some pictures to show the dedicated right-of- way mentioned above. Please let us know the next steps we need to take to move this process along. Thanks very much for your help. Thank you, Lonnie and Denise Proechel Mike and Liz Eggert 41n' P P . FAv,eomo tomeada SCO 6�i F4llto Av Eomarri Lake Elmo City Council June 15, 2004 Agenda Section: Planning, Land Use & Zoning No. 9C Agenda Item: Rezoning — MFC Properties Background Information for June 15. 2004: Bruce Miller, MFC Properties, has inquired as to the disposition of the 2002 proposal (by the City) to rezone a 6.9 acre parcel owned by MFC at Keats/Hudson Blvd. to bring the zoning into compliance with the Land Use Plan (Limited Business). He has noted that both the real estate taxation and the Surface Water Utility fess on that site reflect commercial zoning, but that the actual rezoning of the site was never completed. On February 19, 2002 the City Council postponed action on this rezoning that had been recommended for approval by the Planning Commission. The postponement was to permit completion by the Planning Commission of amendments to the Permitted/Conditional use standards of the LB zone. The Planning Commission completed its work on LB allowable use amendments by late summer 2002, and the City Council adopted those amendments on September 16, 2002. The reconsideration of Mr. Miller's rezoning was never brought for Council action thereafter. We have attached the 2002 Agenda materials, including the Ordinance that was presented for adoption (with contemporary dating). Approval of the rezoning is as logical for Comprehensive Plan consistency today as it was in 2002. Action items: Motion to adopt Ordinance #97 Approving rezoning from RR (Rural Residential) to LB (Limited Business) for MFC Properties based on conformity with the Comprehensive Plan. Attachments: i3@ 1. Draft Ordinance #97 — Approving Rezoning for MFC Properties 2. Agenda Materials from 2002 Person esaonsible: Ci Time Allocated: MFC Rezone 6.9 Acres CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 97-132 AN ORDINANCE AMENDING SECTION 300.07 "ZONING DISTRICT MAP" OF THE LAKE ELMO MUNICIPAL CODE Section 1. Amendment: Section 300.07 Subd. 3 A 1. of the "Zoning District Map" of the Lake Elmo Municipal Code is amended to rezone property from RR to LB, based on conformity with the Comprehensive Plan, owned by MFC Properties 94, L.C., legally described as follows: That part of the East Half of the Southeast Quarter of the Southeast Quarter of Section 34, Township 29, Range 21, Washington County, Minnesota, lying Westerly of that part thereof embraced within County Highway Right -of -Way Plat No. 48-19B and lying northerly of Minnesota Department of Transportation Right -of -Way Plat Numbered 82-43, according to the recorded plats thereof. Section 2. Effective Date: This ordinance shall become effective upon passage and publication, according to law. ADOPTED by the Lake Elmo City Council on the 15th day of June, 2004. Lee Hunt, Mayor Al I EST: Martin J. Rafferty, City Administrator Published in the Stillwater Gazette on the day of June, 2004 The Council indicated they would like to see staff prioritize the projects and come back to the Council with options. Council member Dunn said the number of projects is overwhelming, and she was against bonding for the projects. The Council suggested the Finance Dept. look at this 5-Yr. street CIP, have staff discussions, and then invite the Hill Trail residents in to discuss what is being proposed for this street. Administrator Kueffner pointed out there are some drainage problems that need to be taken care of. M/S/P Dunn/DeLapp - to have staff review 5-Yr. CIP and prioritize street projects and come back to Council with recommendation. (Motion passed 4-0.) 9. PLANNING. LAND USE & ZONING: A. Rezoning MFC Properties At its February 11`h meeting, the Planning Commission recommended rezoning a 6.9 acre parcel located at the Northwest corner of Hudson Blvd. and Keats Avenue from RR (Rural Residential) to LB (Limited Business) based on consistency of the LB zoning with both the 1997 and the 2000 Land Use Plan. This rezoning request was initiated by the City. M/S/P DeLapp/Dunn — to postpone action on the rezoning of a 6.9 acre parcel at the Northwest corner of Hudson Blvd. and Keats Avenue from RR to LB until the Planning Commission has reviewed the Limited Business zoning standards. (Motion passed 4-0). B. Strategic Planning Mayor Hunt and Council member DeLapp discussed meeting to work on a scope document for strategic planning and bring this document back to the Council for review at the March 19th Council meeting. Hunt and DeLapp will meet on Monday, February 25, 5:30-6:30 p.m. at City Hall to work on this document. C. OP/PUD Votes Council member DeLapp suggested a change in the code requiring 4 votes, instead of 3 votes, for PUD approval because it would provide greater integrity for the process. He asked the Planner to bring this to the Planning Commission for a recommendation. M/S/P DeLapp/Armstrong — to ask the Planning Commission to review the requirement of a 4 vote supermajority for approval of an OP/PUD. (Motion passed 4-0). 10.CITY ATTORNEY'S REPORT: None LAKE ELMO CITY COUNCIL MINUTES February 19, 2002 4 Lake Elmo City Council February 19, 2002 Agenda Section: Planning, Land Use and Zoning No. 9A Agenda Item: Rezoning — MFC Properties Background Information for February 19. 2002: At is meeting February 11, 2002 the Planning Commission conducted the required Public Hearing; and, unanimously adopted a recommendation to rezone a 6.9 acre parcel Located at the Northwest corner of Hudson Blvd. and Keats Avenue form RR (Rural Residential) to LB (Limited Business) based on consistency of the LB zoning with both the 1997 and the 2000 Land Use Plan. No party, other than a representative of the property owner, appeared at the Public Hearing; and, no Hearing testimony was presented. This action is related to the recent approval of a Minor Subdivision which created the subject vacant parcel. State Law requires land to be zoned consistent with an adopted Land Use Plan within 9 months of adoption of such plan. nsible: Action items: Motion to adopt Ordinance #99 - , approving rezoning of a 6.9 acre parcel at the Northwest corner of Hudson Blvd. and Keats Avenue from RR to LB, based on the consistency with the Land Use Plan and the recommendation of the Planning Commission. Attachments: Thne Allocated: 1. Draft Ordinance #9 --, Approving Rezoning 2. Location Map 3. Draft Planning Commission Minutes of February 11, 2002 Hudson Blvd. Location Map Vicinity Map 0 SOO Scale in Feet MM IMM M W mM Ma "OW bY.MwN WFpFCWMMkn. H�b.nMM $noosWOMniten Wixomxo wombs sr Sointlit twi WN WM WYYIw.1.nin DIArvnMWe4b4• w*R N. Agricultural Districts: RAD - Rural Agricultural Other Districts: P - Public/Quasi Public Water Right -of -Way RR - Railway TOTAL: Acres: 5173.16 3070.53 1342.25 995.44 63.19 15406.77 Percent: 33.58% 19.93% 8.71% 6.46% 0.41 % 1 00.00% NV? LJ Use Planning Commission Notes: Monday, February 11, 2002 3. Public Hearing: Rezone MFC Properties, LP 6.9 Acres (RR to LB) Chairman Armstrong opened and closed the comment portion of the Public Hearing at 7:36 p.m., NO COMMENTS. M/S/P Deziel/Bunn to recommend the City Council approve Ordinance No. Amending Section 300.07 "Zoning District Map" rezoning a 6.9 acre parcel of land from Rural Residential (RR) to Limited Business (LB), based on consistency with the Comprehensive Plan. (Motion Passed 9-0). Lake Elmo City Council June 15, 2004 Agenda Section: Planning, Land Use & Zoning No. 9D Agenda Item: Fence Moratorium Amendment Backeround Information for .Tune 15. 2004: The prospective purchaser of the residence at 975 Jewel Avenue North has requested an amendment to the Fence Moratorium that would permit the City to issue a permit for a fence at that location based on extenuating medical circumstances. The fence proposed is a 5 or 6 foot chain link, black in color. Based on that description, it appears that the fence would comply with the new fence standards that the Council has prescribed, and which will be considered by the Planning Commission at Hearing later in June. We have attached a draft Ordinance amending Ordinance No. 97-129 to specifically remove the property at 975 Jewel Avenue from the Fence Moratorium, but only with respect to a fence permit that would be issued to Ms. Addington as owner of the property; and, only for a fence as described in Ms. Addington's received by the City on June 4, 2004. No other fence permit applicant or fence design would be eligible for a fence permit at this or any other location. Person responsible: Action items: 133 Motion to adopt Ordinance NO. 97- , Amending Ordinance No. Cit 97-129 regarding 975 Jewel Avenue North. Attachments: 1. Draft Ordinance No. 97-1`3,3 2. Location Map 3. Addington Letter 4. Ordinance No. 97-129 Time Allocated: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 97-133 AN ORDINANCE AMENDING ORDINANCE NO. 97-129 ADOPTING THE DEVELOPMENT MORATOIRUM RELATING TO THE CONSTRUCTION OF FENCES 1. Amendment: Pursuant to Section 1360.07, Subd. F of the Lake Elmo Municipal Code is hereby amendment as follows: to wit The Lake Elmo City Council by amendment to this Ordinance removes the residence at 975 Jewel Avenue North from the Development Moratorium relating to the construction of fences based on extenuating medical circumstances, and subject to the following conditions: 1. That a fence permit be authorized to be issued only to Chris Addington as the owner of 975 Jewel Avenue North. 2. That a fence permit be issued only for a chain link fence, black in color, not to exceed 6 feet in height, (as described in Ms. Addington's letter received by the City on June 4, 2004.) 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 15th day of June, 2004. Lee Hunt, Mayor ATTEST: Martin J. Rafferty City Administrator Location Map oW R19 IN DON f ON 129N YOu AW IThP E9N I'2014 'I'LXN f2'1N TEtN MEW R2IW HEO Vicinity Map 0 278 Scale In Feet Th▪ ar.pr eoaonon.nd r.onrdt u:mon . PP..r In various Wallryton CounlY NON.. TIN anNny Yuum be owl for nnr.no. inrm.v.CIs Pobl•only. snnr[.:W.'Mnolon CountyCun.YorLONn. Phone 10511130d1/75 P.ry.I MN band an d610010mmallon RECEIVELJ JUN d 4 20U4 .67 2612 St. Anthony Blvd. Sr. Anthony Village, MN. 55418-3156 612-788-5331 Fax 612-788-5675 ChrisSugarPlum@aot eom Dear Mr. Mayor and City Council members, I am very serious about purchasing a home in your exceptional community at 975 Jewel Ave. No. Currently I'am a resident of St. Anthony Village, where I have owned my home for the past 20 years. I am a Registered Nurse who retired in 1998 after 28 years as an Operating Room Specialist and Head Nurse. I sustained. a serious injury that has required 11 spine operations, foot surgery, a fractured leg and intra-occular implants in both eyes. I am permanently and totally disabled by the Court and on Social Security disability. My most recent operation in • January of 2004 confined me to a wheelchair for 3 months: Although I am presently doing Iwell, the possibility of more spine surgery and eye surgery is a very likely possibility. The reason for a move from my present home is to have one floor living and wheelchair accessibility. I also own 2 Siberian Huskies, ages 6 and 10, that are spayed and neutered They were bred at a show kennel in Illinois and are my own personal therapy dogs. The Siberian Husky is a wonderful breed but should never be allowed off leash and the Siberian Husky Club of America will not allow their ethical breeders to sell a dog to anyone without a minimum 5 foot fence in , their yard. Invisible fencing is not an option for a breed that has a tendency to run and escape. I am an extremely responsible pet owner and will provide you with many letters of recommendation from current neighbors. My dogs are indoor pets but do, of course, need access to an outdoor area. Because of my disability, I cannot purchase any home thatI could not immediately fence. My plan is for a black, .5 or 6 foot chain link, in a portion of the back yard only. I will be attending your June 15th Council meeting and provide you with a sample of the fence material and respectfully request permission to install fencing immediately, if I am able to purchase the home at 975 Jeweli Ave. No. I will also provide you with proof of disability, pictures of my dogs and,a drawing plan for the fencing. I would be coming into your community with outstanding personal and professional references and I believe I would be an asset to the City of Lake Elmo. My involvement in the St Anthony Village community has been recognized by City officials and my home has been well maintained and respected by neighbors. Thank you very much for your consideration and I am looking forward to introducing myself to you. Sincerely,�� in/) CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA ORDINANCE NO. 97-129 AN ORDINANCE ADOPTING A DEVELOPMENT MORATORIUM RELATING TO THE CONSTRUCTION OF FENCES The Lake Elmo City Council hereby ordains that Section 1360.07 and its subdivisions shall be added to the Lake Elmo Municipal Code to read as follows: "Section 1360.07 A. Recently the City has become aware that its current fence regulations have required an unusual amount of interpretation. The City has undertaken a study to determine whether new fence regulations should be adopted. B. The Lake Elmo City Council has requested its Planner and Planning Commission to review current fence regulations and propose revisions. New regulations have been drafted and are being reviewed. C. Pending the completion of the review process, the Lake Elmo City Council has determined that it would be in the public's interest to impose a development moratorium on the issuance of new fence permits. D. In order to achieve the above objective, a development moratorium is hereby imposed prohibiting the construction of all fences on property within the City of Lake Elmo, except for those fences required by the State Building Code for safety purposes. E. This moratorium shall be in effect for six (6) months from the date of publication of this Ordinance, unless terminated by prior action of the Lake Elmo City Council. F. The Lake Elmo City Council may, by amendment to this Ordinance, remove specific parcels from the moratorium if proposed fences will comply with anticipated new regulations, or repeal the moratorium in its entirety. ADOPTION DATE: Passed by the Lake Elmo City Council on the 18th day of May, 2004. rake Elmo City Council June 15, 2004 Agenda Section: CITY ADMINISTRATOR'S REPORT No. 11A. Agenda Item: Council Committee Reorganization Background Information for June 15. 2004:, At the last Council meeting a vote to restructure Council Committees was approved, Four items remain to be completed for the new committee structure to take place. These items include: • Council members to suggest which committees they would prefer to be members. • Council members to suggest which committees they would prefer to be Chairperson. • A finalized slate of Committee Members and Chairpersons to be voted and approved. • An agreement on the proposed date of each month establishing committee days and times (proposed for Tuesday and Wednesday the week before the last Council meeting of the month). The following Council members have requested these committee assignments: • Steve Delapp (1) Public Works (2) Public Health And Safety • Sue Dunn (1) Public Works (2) Public Health And Safety • Dean Johnston (1) Finance (2) Public Health and Safety • Wyn John (1) Public Works (2) Public Health and Safety Attached find the organizational chart for the creation of three specific Council Committees. As you will recall, the purpose of the creation of the committees is to develop ongoing scheduled council work sessions, in specific subject areas, where each of the established ad hoc committees created by council may report progress on mission and tasks, as well as, make recommendations that can be comprehensively reviewed by the established council committee. Currently defined ad hoc committee/commission structures are working entities of the defined home committee as shown on the organizational chart. Each of the three committees would request ad hoc committees/commissions assigned to accomplish certain tasks as related to Council Committee goals. Each of the three Council Committees would review, report, inform and recommend to Council for those items requiring action by the entire City Council. Each of the defined council committees would be composed of two Council Members, the Mayor and the City Administrator or staff designee. The Planning Commission would continue to report their decisions, findings and recommendations directly to the Council as a whole. City staff departments would also report to their designated home committee, as determined by the Administrator. Meetings would be scheduled, at a minimum of, monthly on the preceding week of the last Council meeting scheduled in a month. Additional meetings could be added, as needed, as determined by the committee depending upon work flow. Person responsible: Action Items: A resolution establishing Council Committee Members, Chairperson's and date and time. Attachments: Council Committee Org Chart Approved Planning Commission Fre Chief Emergency Preparednes Mayor And City Council Council Committees Public Works Parks '/Streets Sewer City Administrator Finance, Legislative and Personnel I I Finance City Clerk Director/ Treasurer Support Staff Building Inspector r City Attomey Planner Assistant City Administrator Planning. Zoning kssistant/ Water Operator Engineer Services July 2004 Monday COUNCIL CHAMBERS Tuesday Wednesday Thursday July 2004 August 2004 $ M T W T F S 5 M TWIF 5 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12. 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20' '21, 18 19 20 21 22 23 24 22 23 24 25 26 27' 28 25 .26 27 28 29 30 31 29 30 31 July 1 5 b 7 8 9 7:OOpm 2 7:00pm Council 13 7:00pm Public Works 7:OOpm Public Health, Safety Committee 7:45pm Finance,Legal,Legislat Personnel 19 7:OOpm Parks Commission 7:00pm Council 7:00pm 20 21 26 27 28 7:00pm Valley Branch 1:00pm'Friends of the Library Watershed District 15 221 7:00pm Valley Branch Watershed District Friday Sat/Sun 2' 31 4 -101 16 17 23 181 24 251 30 31 2 6/11/2004 8:30 AM Lake Elmo City Council June 15, 2004 Agenda Section: CITY ADMINISTRATOR'S REPORT No.11B. Agenda Item: Highway 5 and 31st Traffic Issue Background Information for June 15, 2004: At the last Council meeting, Roger Linnell, a resident alerted Council to a traffic safety issue on West Highway 5 at 3151 where four lanes reduce to two lanes as you travel easterly. Some of the problems identified were speeding and passing on the shoulder on the two lane section. Council asked the Administrator to review and report on the issue at this Council meeting. 1 visited the location, on several evenings during the rush hour period, and did see the traffic related issues described by the resident. I contacted the Sheriff's office and was directed by the Chief Deputy Steve Pon to work with Commander Tuthill who is responsible for law enforcement deployment within and around Lake Elmo area. The Commander was very responsive and agreed to address the issue. He evaluated the situation and reported back to me of a planned cooperative strategy with MN State Patrol. Some of the strategies include the use of their speed sign trailer, increased directed patrol/enforcement in the area, the placement of larger signs (no passing on the shoulder) as well as to participate in some meetings with MN DOT planning department. I also contacted several MN DOT officials to determine future planned improvements, as well as, to schedule a meeting to begin planning for future planned improvements. The meeting is scheduled for June 18th at city hall. Action Items: Council Update Attachments: Person responsible: Martin Rafferty, City Administrator