HomeMy WebLinkAbout08-04-04 LE CCMPor:
.,ee Hunt
Councihnembers:
Steve DeLapp
Susan Dunn
Dean Johnston
Wyn John
Please read:
Lake Elmo City Council
Wednesday,
August 4, 2004
(The Council meeting has been rescheduled from
August 3, 2004 because of National Night Out)
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:
4. CONSENT AGENDA
A. Resolution No. 2004-061 Approving Claims
B. Request for Meehan Family for an
Extension of Time to Record Final Plat
C. Ordinance No. 97- Amending
Definition for Building Height (Postponed to 8/17)
D. Resolution No. 2004-062:Appointing
Election Judges for Primary and General Election
E.. Resolution No. 2004-063:Designating
Polling Places for the Primary and General
Election
5. FINANCE
A Schedule Meeting Date for Bond Resolution
and Amend CIP
6. NEW BUSINESS
August 4, 2004
Public Inquiries/Informational is an opportunity for citizens to
bring the Council's attention any items not currently on the
agenda. In addressing the Council, please state your name and
address for the record, and a brief summary of the specific item
being addressed to the Council. To allow adequate time for each
person wishing to address the Council, we ask that individuals
limit their comments to three (3) minutes. Written documents
may be distributed to the Council prior to the meeting or as bench
copies, to allow a more timely presentation.
Those items listed under the Consent Calendar are considered to
be routine by the City Council and will be enacted by one motion
under a Consent Calendar format. There will be no separate
discussion of these items unless a Council member so requests, in
which event, the item will be removed from the general order of
business and considered separately in its normal sequence on the
agenda.
Tom Bouthilet
7. MAINTENANCE/PARK/FIREBUILDING:
A Update on Fire Department Activities:Fire
Chief Malmquist
8. CITY ENGINEER'S REPORT:
A. Landscape Security Release -Eagle Point
Business Park
9. PLANNING. LAND USE & ZONING:
A. Resolution No. 2004-064 :Request to MnDOT
for Irish Avenue Street Sign
B. Fence Ordinance
C. Fence Moratorium Request at 55`" Street
North:Ordinance No. 97-137
D. Limited Business Zoning District — Add
Family Entertainment Center:Ordinance Nos. 97-
138 and 97-139
E. Resolution No. 2004-065:Final Plat, OP Plan
& Development Agreement -Whistling Valley
Second Addition
10. CITY ATTORNEY'S REPORT:
A.
11. CITY ADMINIS 1RATOR'S REPORT:
A. New Public Facilities: City Hall, Public
Work Facilities and Possible Fire Station
12. CITY COUNCIL REPORTS:
A. Mayor Hunt:Smoldng Ban
B. Council Member DeLapp
C. Council Member Dunn
D. Council Member Johnston
E. Council Member John
Council Committee Meetings:
August 10, 5:30 p.m. Public Works
August 11, 5:30 p.m. Public Health
and Safety; 6:15 p.m. Finance,
Legal, Legislative, personnel
Lake Elmo City Council Agenda
August 4, 2004
Page 2
Tom Prew
C. Dillerud
J. Filla
M.Rafferty
Environmental Commission
Meeting:Wednesday, August 18, 7 p.m.
LAKE ELMO CITY COUNCIL MNUTES
JULY 20, 2004
1. AGENDA
2. MINUTES: JULY 6, 2004
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Informational
4. CONSENT AGENDA:
A. Resolution No. 2004-058:Approve Claims
B. Finance Specialist
C. Oakdale Water•Resolution No. 2004-060
5. FINANCE:
A. Monthly Operations Report: Informational
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Building Dept. Activities:Building Official
8. CITY ENGINEER'S REPORT:
A. Carriage Station Grading: (Verbal)
9. PLANNING, LAND USE & ZONING:
A. Resolution No. 2004-059:Shoreland Zoning Variance, 2225 Legion Lane,
Olsen
B. Appeal of Administrative Determination: Anderson -Sorenson
C. Amended Fence Ordinance
D. Fence Moratorium Exemption Request at 55th Street North:
Ordinance No. 97-137
E. Limited Business Zoning District — Add Family Entertainment
Center:Ordinance 97-138 and 97.139
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A. Meeting Time of Council Committees
12. CITY COUNCIL REPORTS:
A. Mayor Hunt
(1) Update on Met Council Meeting
(2) National Night Out
(3) Smoking Ban
Mayor Hunt called the Council meeting to order at 7 p.m. in the Council chambers.
PRESENT: John, Hunt, Johnston, DeLapp, City Engineer Prew, Attorney John Miller,
City Planner Dillerud, Building Official McNamara, and Administrator Rafferty.
ABSENT: Council Member Dunn
1. AGENDA
POSTPONE: 9B until August 2nd meeting, ADD: Resolution No. 2004-060 Approving
claim 15943 in the amount of $7,079.54, MOVE: 12A. (2) National Night Out under
Public Informational
LAKE ELMO CITY COUNCIL MINUTES JULY 20, 2004 1
M/S/P John/Johnston - to approve the July 20, 2004 City Council agenda, as amended.
(Motion passed 4-0).
2. MINUTES: JULY 6, 2004
M/S/P John/Johnston - to approve the July 6, 2004 City Council Minutes, as amended.
(Motion passed 4-0).
3. PUBLIC INOUIRIES/INFORMATIONAL:
A. Public Informational
Paul Ryberg, Friends of Lake Elmo Library, thanked the Council for its support of library
and for rental of a booth at the Washington County Fair. Ryberg asked for volunteers, 16
are needed, to help man the booth and anyone interested can call Friends of the Lake
Elmo Library. Administrator Rafferty reported that depending on the options for a new
City Hall Facility the Council chooses, he can present the choice and timeline in two
weeks. Mr. Ryberg stated he would be interested if the decision would require a
temporary location for a library.
4. CONSENT AGENDA:
A. Resolution No. 2004-058:Arororove Claims
M/S/P Johnston/John - to adopt Resolution No. 2004-058, A Resolution Approving
Claim Numbers 208, 209 DD192 through DD202, 25856, which were used for Staff/Fire
payroll dated July 8, 2004, Claim Numbers 210, 25890 through 25930 dated July 20,
2004 in the total amount of $215,376.36. (Motion passed 4-0).
In response to Council member Johnston question for the accumulative legal expense for
fighting the Met Council, the Finance Director reported $330,322.
B. Finance Specialist - Informational
The process of recruiting, reviewing, interviewing and selecting the Finance Specialist
has concluded. The City Administrator and Finance Director have selected the most
qualified person for the position. The individual selected, Hristo Galiov, has accepted the
position for the compensation as budgeted and as planned for in the 2004 budget.
C. Oakdale Water:Resolution No. 2004-060
M/S/P Johnston/John — to adopt Resolution No. 2004-060, A Resolution approving claim
number 25943 dated July 20, 2004 in the total amount of $7,079.54 payable to the City of
Oakdale for water. (Motion passed 4-0).
5. FINANCE:
A. Monthly Operations Report: Informational
6. NEW BUSINESS:
LAKE ELMO CITY COUNCIL MINUTES JULY 20, 2004 2
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Building Dent. Activities:Building Official
The Building Official reported there were two new building permits issued for new
residential and two new permits for commercial buildings in the month of June, 2004.
He explained there have been demolitions of movillas in the Cimarron Park that are
dilapidated and uninhabitable and should be completed in 30 days.
Council member DeLapp asked if the problem with a second building on 32"d street has
been resolved. The Building Official responded that the City Attorney has been working
on several of these on -going violations. DeLapp asked how we keep track of driveways
being installed according to code. The Building Official answered that with new homes
we have an escrow that we can hold until the resident makes the corrections.
8. CITY ENGINEER'S REPORT:
A. Carriage Station Grading: (Verbal)
Tom Prew reported he attended the Public Works Council Committee meeting where the
committee asked him to look at a different solution. Instead of an open channel, he will
leave the south yards in tack; and install a 4' rock lined channel to carry the water. The
channel would be 2' wide on both property lines and also have a 6" pipe for drainage.
Prew noted the residents thought this would be a reasonable solution at a cost of $13,000.
Dillerud added that the City has $8,000 and could file a claim against the developer. Prew
will prepare agreements for the residents to sign.
9. PLANNING, LAND USE & ZONING:
A. Resolution No. 2004-059: Shoreland Zoning Variance. 2225 Legion Lane.
Olsen
The City Planner reported Thomas and Jeneal Olsen have applied for a variance for a
shoreland overlay district variance to reconstruct a pre-existing deck with the Shoreland
Ordinary High Water setback of Downs Lake. He reported that a 1970's vintage deck that
was located 48 feet from the OHW has been removed by the applicant due to
deterioration. The Planner indicated that that the Planning Commission has reported
Findings that no reasonable alternative deck location was available to the homeowner; the
variance circumstances are not totally the result of the owners actions (pre-existing the
Shoerland standards); and, that the new deck will reduce the extent of setback
nonconformity. The Planning Commission has recommended approval of the variance
based on those Findings.
M/S/P DeLapp/Johnston - to adopt Resolution No. 2004-059, A Resolution approving a
variance to permit reconstruction of a pre-existing deck within the Shore land OHW of
Downs Lake at 2225 Legion Lane per plans staff dated July 8, 2004, and based on the
recommendation of the Planning Commission. (Motion passed 4-0).
LAKE ELMO CITY COUNCIL MINUTES JULY 20, 2004 3
B. Anneal of Administrative Determination: Anderson -Sorenson
The City Planner reported that the home builders in the Whistling Valley OP have
appealed determination by the Building Official regarding the application of the
definition of Building Height in Section 150 of the City Code. With an architectural
feature such as proposed for the roof of this home, the issue is whether the mean height of
the gable roof is to be measured from the firs roof level or the second upper roof level.
He reported that the appellant contends that the measurement of gable roof mid point
should be taken from the eaves and the top most ridge (the top of the second roof in this
case). With that interpretation this home would meet the 35 foot max height. With the
Building Official's more conservative interpretation, the calculated building height of this
home would be 38 feet.
Phil Anderson, Anderson -Sorenson stated that the first home built in Whistling Valley is
the same height as the one in question. Anderson said he felt the interpretation the
builder proposes meets the intent of the Code. He said he was looking for a solid
definition to guide their house design process.
Council member Johnston asked if this will start a precedent and come back to haunt the
City. Attorney Miller responded the section of the code should be amended for better
clarity.
Mayor Hunt suggested the Council approach the issue as we work on the performance
zoning.
Administrator Rafferty noted it is important in the short term to adjust the code to reflect
any City Council interpretations made as the result of an appeal.
M/S/P Johnston/John - to adopt a Board of Adjustment and Appeals Order directing the
Building Official to interpret the definition of Building Height for a hip or gable roof to
use the upper most ridge line of any structure as the upper point from which to measure
the average height of a structure with a hip or gable roof and multiple ridge lines.
(Motion passed 4-0).
M/S/P DeLapp/John - to direct the staff to adjust the code to preclude the first definition
of Building Height and include this interpretation in the new (second) definition.
(Motion passed 4-0).
Council member DeLapp asked about fire sprinkling in homes. The Building Official
explained the differentiation in commercial versus one or two family dwellings is when
you start to serve the public.
LAKE ELMO CITY COUNCIL MINUTES JULY 20, 2004 4
M/DeLapp/No Second — to direct the Planning Commission to consider an amendment to
the zoning ordinance on building height that considers the effect of overall building size;
and, to consider fire sprinkling of' single fancily residential properties under certain
conditions.
Council member DeLapp said he would let the Fire Dept to take the next step as to fire
sprinkling of single fancily residential buildings.
C. Amended Fence Ordinance
The City Planner reported the Planning Commission held a public hearing on June 28 to
include two separate versions of the draft fence regulations:
1. A version developed by the Planning Commission over several
meetings earlier this year, and;
2. A version responsive to the guidance provided by the City Council
as to fence standards, following the Workshop on May 10.
He noted that both versions assume that fence standards now found in Section 1360 of
the City Code would be repealed entirely.
The Council received a letter from Charles Dennis opposing the Council's version of a
new fence ordinance.
Council member Johnston said he has a problem with the Council version involving the
Ag exemption on parcels as small as 10 acres. He stated that he also does not believe that
fencing requirements on Shoreland property is fully developed in the draft ordinance. He
noted the need to go ahead with Council version, and get specific Council questions and
suggestions as to modifications to that version to the City Planner to address at the next
Council meeting.
M/S/P John/Johnston — to direct the staff to proceed with the City Council directed
version of the new fence ordinance. (Motion passed 4-0).
D. Fence Moratorium Exemption Reauest at 55th Street North:Ordinance No. 97-
137 (Postponed until the next Council meeting.)
E. Limited Business Zonine District — Add Family Entertainment Center:
Ordinance 97-138 and 97-139
The City Planner reported that the on June 28 the Planning Commission conducted a
Public Hearing to consider amending the Zoning Ordinance to include Family
Entertainment Centers as a Conditional Use in the Limited Business zone. He reported
that the Commission also considered a new definition for the use to be added to Section
150 of the City Code. Finally, he reported that the Commission recommends the City
Council adopt no amendment to the Zoning Ordinance or Section 150 of the City Code
LAKE ELMO CITY COUNCIL MINUTES JULY 20, 2004 5
regarding the Family Entertainment Center use. He explained that the Commission did
not necessarily believe that the Family Entertainment use was inappropriate in the
Limited Business zone, but that the proposal to allow a maximum of 50,000 square feet
of floor area for that use when all other Limited Business Conditional Uses were now
limited to 20,000 square feet suggested an inappropriate scale of use.
Dave Larson, prospective purchaser of the Dolan Marine site explained the Dolan Marine
site, 9200 Hudson Blvd., currently includes two buildings, one that is just less than
33,000 square feet and one that is 14,000 square feet. He said that the larger building
would be remodeled to include indoor miniature golf, a small child play area, a small
retail area, snack bar/kitchen, arcade games, birthday party rooms and indoor soccer/field
hockey arena and indoor batting cages; and, that the smaller building could be used for
indoor paintball. He suggested that the back six acres would be left as open space with a
small fenced -in area to be used for outdoor boat storage.
Sabrina Dolan stated they have been looking to sell the business for some time and when
they were approached by Doug Larson about the possibility, of turning the location into a
family entertainment center, they felt the idea would be a good fit for the City. She said
she didn't know why there is an issue with the size, since the project would be using the
existing buildings which are grandfathered in. Dolan added that, if the Council is thinking
of turning them down, it will have a large impact on their family.
John Bellows, Attorney for Dolan Marine. stated the property could be divided into three
separate uses, and pointed out the buildings was grandfathered in, and leaves options.
Council member DeLapp asked what about issues of advertising, lights, noise, traffic,
landscaping, parking, and sprinklers. What is the traffic count being proposed? Do we
intend to entertain Oakdale and Woodbury customers?
Tom Kendall, Broker for Dolan Marine, asked the City Council to look at what the
buyers are trying to do: non alcoholic, no smoking, purely family entertainment,
something for the family to do in a safe environment in the winter. He said that the
prospective buyers have a vision, and are not asking to raze the bldgs, but to remodel
existing facilities and improve the value of property which creates higher tax revenue for
the City. He noted that only the approval of the use is what is on the Council's agenda
now; and that conditions would be added to the resulting Conditional Use Permit that
address Council member DeLapp's concerns.
Jeff Lyman, prospective purchaser of the Dolan site, explained that he uses they would
propose are low intensity and not like a big box grocery store. He said they are planning
on sprinkling the property.
The Council consensus appeared to be that the idea of family entertainment centers
would be appropriate for the City and had no objections to paintball. There was concern
expressed, however, as to the scale of the use now proposed as to whether that scale
would be used in the future to argue precedent for a "big box" retail type of use of similar
LAKE ELMO CITY COUNCIL MINUTES JULY 20, 2004 6
scale. The Council appeared concerned that if the City allowed one type of business to
have up to 50,000 sq.ft. of space in Limited Business, other business would demand the
same scale.
Planner Dillerud stated that the City Council has to address the 50,000 maximum of
square feet building area. He suggested that the balance of issues raised regarding the
Family Entertainment Center can be dealt with the CUP process. Dillerud suggested that
the Council might want to ask the City Attorney for an opinion as to what manner of
precedent regarding other uses might result from the 50,000 square foot maximum
building area allowance for Family Entertainment Centers.
Council Member Johnston indicted he would approve the Family Entertainment Center
Zoning Ordinance amendment if the City Attorney could say it would not affect other
sites in the future.
Council Member John said he would favor 50,000 sq.ft. of maximum building area for
the use. -
M/S/P DeLapp/Johnston - to postpone a decision to add Family Entertainment Centers as
an acceptable use in Limited Business areas for two weeks to obtain the City Attorney's
opinion on setting precedent; and, staff comments on how this could be accomplished
without setting precedent. (Motion passed 4-0).
10. CITY ATTORNEY'S REPORT:
11. CITY ADMNISTRATOR'S REPORT:
A. Meeting Time of Council Committees
Administrator Rafferty reported there will be a change from 7 p.m. to 5:30 p.m. meeting
time, the second Tuesday and Wednesday of the month for the Council Committees. The
Public Works Council Committee will meet on Tuesday, August 10 at 5:30 p.m. On
Wednesday, August 11, the Public Health will meet at 5:30 p.m. and the Finance Council
Committee will meet at 6:15 p.m,
The Environmental Commission and City Council will tour the Waste Management
Facility on July 21, 7 p.m.
12. CITY COUNCIL REPORTS:
A. Mayor Hunt
(1) Undate on Met Council Meeting
Mayor Hunt reported State Senator Brian LeClair, and mayors/council members from the
Grant, Afton, St. Croix Beach, Dayton, Baytown Township, and West Lakeland
Township joined Council Member Dunn, Mayor Hunt, Administrator Rafferty and
Planner Dillerud at a meeting with the Governor's Chief of Staff Dan McElroy, METC
LAKE ELMO CITY COUNCIL MINUTES JULY 20, 2004 7
Chair Bell and METC Regional Administrator Weaver early in July top discuss local
concerns regarding METC planning mandates to local governments.
Hunt reported that Chair Bell said he heard a collective voice of the support from the
communities to have the local planning authority they always had, but that Bell also
stated that no government has the absolute right of land use control.
Mayor Hunt would like to sign up more cities in support of local control and ask the
support of the League of Minnesota Cities and the Association of Metropolitan
Municipalities. Mayor Hunt will meet with the City Administrator as to the strategy in
that regard, and report to the Council the last meeting in August.
Council Member DeLapp noted that Council member Dunn deserves a strong
commendation from the City Council for arranging the meeting in the Governor's Office.
DeLapp also suggested the minutes of the meeting with the Met Council should be sent
out to City Council members in other cities and townships.
(2) National Night Out
National Night Out occurs on August 3rd, the same night of the City Council meeting.
M/S/P John/Johnston — to move the August 3rd Council meeting to Monday, August 2,
2004. (Motion passed 4-0).
(3) Smoking Ban
Mayor Hunt received a letter from the City of Saint Paul and Minneapolis outlining
various approaches taken by other communities in Minnesota and throughout the county
on implementing smoking ordinances. This subject will be discussed at the next Council
meeting.
Council member Johnston alerted the City of a potential Dutch Elm disease problem
which needs to be addressed with the Council support. He noted the City of Oakdale just
hired a tree inspector to address this problem. Staff will proceed with a plan of action.
The Council adjourn the meeting at 9:45 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No.
Resolution No.
Resolution No.
Ordinance No.
Ordinance No.
Ordinance No.
2004-058 Approve Claims
2004-059 Shoreland Variance, Olsen 2225 Legion Lane
2004-060 Approve Claim Oakdale Water
97-137 Postponed
97-138 Postponed
97-139 Postponed
LAKE ELMO CITY COUNCIL MINUTES JULY 20, 2004 8
MINUTES APPROVED: July 20, 2004
LAKE ELMO CITY COUNCIL MINUTES
JULY 6, 2004
1. AGENDA
2. MINUTES: June 15, 2004 Postponed
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries
B. HuffN Puff Liquor License
C. Vivian Perry, Washington County Library -Summer Reading Program
4. CONSENT AGENDA:
A. Resolution No. 2004-050: Approve Claims
B. Finance Specialist - POSTPONED
C. Final Payment to Tower Asphalt: Street Overlay Project:Resolution No.
2004-051
D. Partial Payment to Schifsky:Hill Trail Reconstruction Project:Resolution
No. 2004-052
E. Liquidation of Equipment
5. FINANCE:
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Fire Dept. Activities: Chief Malmquist: (Not In Attendance)
8. CITY ENGINEER'S REPORT:
A. Effectiveness of Storm Water Drains on Hill Trail N.
9. PLANNING, LAND USE & ZONING:
A. Zoning Ordinance Amendment — Uses in Limited Business Zone (LB):
Ordinance 97-134 and 97-135
B. Comprehensive Plan Amendment & Rezoning — Olinger:Resolution No.
2004-053 and Ordinance 97-136
C. Zoning Variance — 8061 Hill Trail North/Abrahamson:Resoluiton No.
2004-054
D. OP Concept Plan — Deer Glen (Lakewood Church):Resolution No. 2004-
055
E. Front Yard Garage Waiver:William Deeb, 2333 Legion
Avenue:Resolution No. 2004-056
F. Front Yard Garage Waiver -Link Lavey, 8510 Hidden Bay
Trail:Resolution No. 2004-057
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A. Alternative City Hall Sites
B. Met Council Meeting
12. CITY COUNCIL REPORTS:
A. Mayor Hunt — Champion of Industry
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004
Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council Chambers.
PRESENT: John, Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney
Filla, Finance Director Tom Bouthilet, City Planner Dillerud, and City Administrator
Rafferty.
1. AGENDA
ADD:8A. Storm Drain on Hill Trail, 11A. Authority to proceed with alternatives for
public facilities, DELETE: 4B. Finance Specialist
M/S/P John/Johnston — to approve the July 6, 2004 City Council agenda, as amended.
(Motion passed 5-0).
2. MINUTES: June 15, 2004 (Postpone until July 20, 2004)
3. PUBLIC INOUIRIES/INFORMATIONAL:
A. PUBLIC INOUIRIES
Tom McCormick, 12276 Marquess Way N., (Carriage Station), asked for consideration
for a fence permit exception from the fence moratorium for himself and two neighbors.
He borders 55th Street and looks across a commercial area.
M/S/P Dunn/John - to accept and pass on the request from Torn McCormick for an
exception from the fence moratorium for a fence permit to the Legislative Council
Committee meeting on July 14th for a possible recommendation. (Motion passed 5-0).
Rod Reimanns stated he and Mr. Sobczaks have issues concerning the drainage easement
on the back of the lot and have a less intrusive remedy than is being proposed. He said
Tom Prew had recommended a retaining wall and there are five residents in favor of this
resolution and one against. Administrator Rafferty said this request would go to the
Public Works Council Committee on Tuesday, 7 p.m. Council member DeLapp brought
up his concern with loosing the Tamarack swamp.
Margaret Carlson, Environmental Commission Chair., was in attendance for Single Sort
Recycling. She said the ordinance amending the Solid Waste ordinance permitting
bi-weekly single sort recycling pickup was made without input from the Environmental
Commission. She said a 14-month study showed single sort recycling had less
participation than the two -stream. At the Council Committee meeting it was
recommended to rescind the motion subject to the review by the city attorney. A joint
workshop of the Council and Environmental Commission will be scheduled for July 21 to
tour the single sort operation of Waste Management and waste haulers/ recyclers will be
invited to participate in the discussion after the tour.
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 2
B. Huff `N Puff Liquor License
MAYOR HUNT PROCLAIMED AUGUST 12-15, 2004 AS HUFF'N PUFF DAYS.
M/S/P DeLapp/Dunn — to proclaim August 12-15, 2004 as Huff N Puff Days, to approve
an on -sale non -intoxicating malt liquor license for this annual festival and to waive the
fees for the liquor license and for all the ball field lights. (Motion passed 5-0).
C. Washington County Library — Summer Reading Program
Pat Conley, Washington County Library, indicated the Library is looking for sponsors for
a 5-week summer reading program:The Communities & Libraries in Partnership:Make
Every Child a Reader project will provide materials and support needed to help keep
children develop their literacy skills during the summer months, Council member
DeLapp suggested contacting the Tubman Family Alliance. Council member John will
bring this program up to the Friends of the Library at Friday's (July 8) meeting.
4. CONSENT AGENDA:
A. Resolution No. 2004-050 Anorove claims
M/S/P DeLapp/Johnston — to adopt Resolution No. 2004-050, approving claim numbers
DD 183 through DD191, 25783 through 25797 that were used for staff payroll dated June
24, 2004, claim numbers 25798 through 25855 dated July 6, 2004 in the total amount of
$184,489.96. (Motion passed 5-0).
B. Finance Snecialist:- Postponed until the July 20, 2004 Council
Meeting
C. Final Payment to Tower Asphalt: Street Overlay Proiect
Resolution No. 2004-051
Tom Prew reported in his memo dated July 1, 2004 that the 2004 Overlay Project is
$6,300.00 over the bid price due to more patching than was estimated and for additional
catch basin reconstruction work. He recommended approval of Compensating Change
Order Number No. 1 in the amount of $6,279.55 and approval of Final Payment to Tower
Asphalt in the amount of $69,079.55.
M/S/P DeLapp/Johnston — to adopt Resolution No. 2004-051, A Resolution Approving
Change Order No.1 in the amount of $6,300.00 and Final Payment of $69,079.55 to
Tower Asphalt for the 2004 Overlay Project, as recommended by the City Engineer in his
memo dated July 1, 2004. (Motion passed 5-0).
D. Partial Payment to Schifskv: Hill Trail Reconstruction Proiect:
Resolution No. 2004-052
Tom Prew reported in his memo dated July 1, 2004 that T.A. Schifsky and Sons has
completed the wear course paving and turf establishment. Prew met with the contractor
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 3
on the remaining punch list items. He recommended approval of Partial Payment No. 3
to T.A. Sehifsky and Sons in the amount of $62,278.41.
M/S/P Johnston/Dunn — A Resolution Approving Partial Payment No. 3 in the amount of
$62,278.41 to T.A. Sehifsky and Sons for the TIill Trail North and 50th Street N., Street
Reconstruction, as recommended by the City Engineer in his memo dated July 1, 2004.
(Motion passed 4-0-1: Council member DeLapp stepped out of the meeting for this vote.)
E. Liquidation of Eauinment
The Finance Director recommended the street sweeper, Grass Rig and the 1995 Ford
Crown Victoria be advertised for sale through the seal bid process with a minimum price.
5. FINANCE:
6. NEW BUSINESS:
7. MAINTENANCE/PARK/ZFIREBUILDING:
A. Update on Fire Dept.: Chief Malmquist —NOT IN
ATTENDANCE
8. CITY ENGINEER'S REPORT:
A. Effectiveness of storm water drains on Hill Trail North:
Council member Johnston stated the three storm water drains are not taking water. Tom
Prew responded these water drains were not constructed correctly, and he would be
meeting the contractor on Wednesday, July 7`h.
9. PLANNING. LAND USE & ZONING:
A. Zonine Ordinance Amendment — Uses in Limited Business Zone
(LB):Ordinance 97-134 and 97-135
The City Planner reported a prospective Lake Elmo business has inquired regarding the
ability to locate a Beauty Salon/Day Spa in the Limited Business zoning district. The
business owner was notified that neither the proposed use is defined by the City Code nor
listed as either permitted or Conditional in the LB zone.
On June 28, 2004, the Planning Commission recommended approval of the staff prepared
drafts of amendments to the LB zoning district list of Allowable Uses to include Beauty
Salons as a Conditional use and Day Spas as an Accessory Use only to Beauty Salons.
The Commission recommended adding the definitions of "Beauty Salon" and "Day Spa"
to Section 150 of the City Code.
Council member DeLapp encouraged the Council to hold off until the Old Village Plan
was completed because the Comp Plan has laid out the criteria for uses that should only
be located in the Old Village commercial area. Other council members said they were
willing to support the additional use since prospective businesses would still have to
obtain a conditional use permit from the City before they could open in a Limited
Business district.
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 4
M/S/P John/Johnston — to adopt Ordinance No. 97-134, An Ordinance adding "Beauty
Salon" as an allowed Conditional Use in the Limited Business Zone; and adding "Day
Spa" as an allowed Accessory Use in the Limited Business Zone, as recommended by the
Planning Commission. (Motion passed 4-1: DeLapp couldn't see that a beauty salon
belongs in a residential area and didn't think the City should be continually adding more
uses to LB.)
M/S/P John/Johnston - Ordinance No. 97-135, An Ordinance amending Section 150 of
the City Code (Definitions) to include a defmition for "Beauty Salon" and a definition for
"Day Spa", as recommended by the Planning Commission. (Motion passed 5-0).
Council member DeLapp questioned why motorcycle sales were included as an
acceptable business in a Limited Business area. Planner Dillerud responded this item was
added because it apparently already existed at some point when the LB district uses were
initially adopted.
B. Comprehensive Plan Amendment & Rezonina — Olinger:
Resolution No. 2004-053 and Ordinance 97-136
The City Planner reported that the Planning Commission recommended to amend the
Comprehensive Plan Land Use Map from RAD to SRD; and, to rezone from RR to R-1 a
4.5 acre portion of a 14.5 acre site that is proposed by Jean and Dan Olinger for those
Plan and Zoning Map actions in total. He stated that the majority of the Commission
determined that the 10 acre remainder of the applicant's site should continue to be
classified as RAD and zoned as RR. The Planner noted that there was an application
years ago for platting of this area into multiple Rl lots. The history was unclear as to
why this parcel is guided and was zoned RAD.
Tim Freeman, Land Surveyor and Land Planer with FFE, stated Jean and Dan Olinger
wanted to keep this parcel open and accommodate the Olinger's short term plan to
accommodate a parcel for their daughter to build a house. Freeman noted that the
applicant did agree with what the Planning Commission recommended. Council
member Dunn voiced concern with the close proximity of the landfill. Council member
DeLapp asked for consideration of rezoning to OP. Dillerud responded he didn't sense
the applicant wanted to do this.
M/S/P Johnston/John - to table until Mayor Hunt retums. Lee Hunt left the meeting at
8:27 p.m. (This agenda item requires 4 votes to pass.) (Motion passed 4-0).
M/S/P Johnston/John — to take off the table the agenda item for discussion now that
Mayor Hunt had returned. (Motion passed 5-0).
M/S/P Johnston/John - to adopt Resolution No. 2004-053, A Resolution amending the
Comprehensive Plan to reclassify a portion of the Jean and Dan Olinger property in
Section 10 from RAD to SRD based on the recommendation of the Planning Commission
(Motion passed 4-1: DeLapp)
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 5
M/S/P John/Johnston - to adopt Ordinance No. 97-136, an ordinance rezoning a portion
of the Olinger property in Section 10 from RR to R-1 based on the recommendation of
the Planning Commission. (Motion passed 4-1: DeLapp's recommendation is to go with
OP along the lake and have open space in the back which would be more compatible.)
C. Zoninff Variance — 8061 Hill Trail North/
Abrahamson:Resolution No. 2004-054
The City Planner reported that the Planning Commission recommended approval of a
zoning variance at 8061 Hill Trail N. to allow an existing Tool Shed of approximately
210 square feet to be retained. The Zoning Ordinance provides that Tool Sheds may not
exceed 160 square feet of building area. Structures in excess of 160 square feet are
considered Accessory Structures. Only a single accessory structure is permitted in the
R-1 zoning district. The screen porch now under construction on this property would
become a second accessory structure if the existing 210 square feet structure remains on
site without a variance from the 160 square foot maximum "Tool Shed" area requirement.
M/S/P Johnston/Dunn - to approve Resolution No. 2004-054, A Resolution approving a
variance from Section 300.13 Subd 3.A.1. of the City Code for Carl Abrahamson, 8061
Hill Trail to permit a "Tool Shed" of 210 square feet where the Zoning Ordinance
specifies a 160 square foot maximum area for tool sheds, based on the recommendation
of the Planning Commission. (Motion passed 5-0).
D. OP Concept Plan- Deer Glen (Lakewood Churchl:Resolution
No. 2004-055
The City Planner reported the Planning Commission held a public hearing on June 14
regarding this application to develop a 48 acre site (a portion of the applicants' 108 acre
site) as an OP development of 18 single family detached lots and 25 acres of Preserved
Open Space. The property is located at the southwest corner of Highway 36 and Keats
Avenue.
Council member Dunn noted the City is very sensitive about the water that goes into
Goetschel pond. Dillerud said the City relies on both the City Engineer and the Valley
Branch Watershed District to be our advisories regarding flood plain. John Hanson
(VBWD) had stated a concern about flood plain mitigation that would be required by the
Concept, but had recently conceded that the applicant's mitigation would likely meet
District Policy. That determination would be subject to actual grading plans and a Valley
Branch Permit.
Council member Johnston said that the Concept Plan is not consistent with the Lake
Elmo Comprehensive Plan or the Open Space Preservation Ordinance due to the proposal
to significantly alter the natural grades of the site to overcome natural drainage features to
create home sites.
M/S/P DeLapp/John - to adopt Resolution No. 2004-055, A Resolution Denying the
Open Space Concept plan, dated June 23, 2004, for Deer Glen (Lakewood Evangelical
Free Church), as presented based on the following findings:
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 6
1. The Concept Plan is inconsistent with the Lake Elmo Comprehensive Plan
Environmental Protection policies regarding residential developments conforming
to the limitations presented by natural features, including natural drainage
systems, by proposing significant modifications of natural grades and existing
flood plain on the site.
2. The Concept Plan is inconsistent with the purpose of the Lake Elmo Open Space
Preservation Ordinance by proposing to significantly alter the natural drainage
features of the site.
(Motion passed 4-0: Mayor Hunt was absent for the vote.)
Grant Nelson, representative of the Lakewood Church, explained he had extensive
discussion with the staff, who tried their best to put together a plan that responded to the
city's open space values. He said he was a bit baffled that the Plan was not in
compliance. Nelson stated it was their desire to keep the north 40 acres of the church's
108 acre site open as it is their front yard.
E. Front Yard Garage Waiver: William Deeb. 2333 Legion
Avenue:Resolution No. 2004-056
The Planner reported that William Deeb, 2333 Legion Avenue North, has requested
approval to place a 26 foot by 34 foot detached garage structure nearer the front property
line than the principal structure, in accordance with sketch plan staff dated July 1, 2004.
The proposed garage would be situated above Legion Lane and somewhat screened from
the street by existing tees. The property is located on Downs Lake, but the Planner
reported that it does not appear that the proposed garage would be visible from Downs
Lake. Staff recommended approval of this waiver due to the lake front location of this
property and the substantial set back of the proposed garage from the front property line.
M/S/P Johnston/DeLapp- to adopt Resolution No. 2004-056, A Resolution approving the
location of a 26 foot by 34 foot detached garage structure nearer the front property line
than the principal structure for William Deeb at 2333 Legion Lane, per sketch plan staff
dated July 1, 2004. (Motion passed 5-0).
F. Front Yard Garage Waiver:Link Lavev, 8510 Hidden Bav Trail.
Resolution No. 2004-057
The Planner reported Link Lavey, 8510 Hidden Bay Trail, has applied for a waiver by
Resolution to locate a 31 foot by 32 foot garage structure nearer the front lot line than the
principal structure (house) on the lot. The garage would be located 10 feet from the north
property line (side) and must be 30 feet from the front property line (right-of-way line of
Hidden Bay Trail). He reported that the proposed garage would be situated such that
existing trees would screen it from Hidden Bay Trail and Lake Demontreville.
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 7
Due to the lake front location of this property and the substantial mature tree coverage
between the proposed structure location on Hidden Bay Trail, staff recommended
adoption of the Resolution to approve the garage location. The City Planner noted since
the applicant's sketch appears to identify the proposed location to be 30 feet from the
approved surface of Hidden Bay Trail rather than the right-of-way property line. He
recommended a condition of approval that specifies that the front property line be located
in the field, and the structure be no less than 30 feet from that line. The Planner stated
that based on aerial photos, it appeared that the street surface of Hidden Bay Trail was
skewed to the north edge of the right of way, so the garage location should not change
more than a few feet from that depicted by the sketch to meet the proper 30 foot set back.
M/S/P Johnston/DeLapp - to adopt Resolution No. 2004-057, A Resolution Approving
the location of a 31 foot by 32 foot detached garage structure nearer the front property
line than the principal structure for Link Lavey at 8510 Hidden Bay Trail, per sketch plan
staff dated July 1, 2004, subject to the following conditions.
1. The property line and right-of-way line for Hidden Bay Trail must be located and
staked. A building permit shall not be issued until the Building Official verifies
that the garage will be located 30 feet from the front property line as identified.
2. No trees or vegetation shall be removed within the 30 foot street set back area to
Hidden Bay Trail.
3. Prior to issuance of a building permit for the garage structure, the property owner
shall submit a scaled drawing depicting the exact location of the proposed garage
structure in relation to the Hidden Bay Trail right-of-way line and any other
structures on the site. The drawing shall also provide the location, approximate
size and types of foliage and trees existing within 30 feet of the proposed garage
structure, together with an indication of which trees and foliage will be removed
during garage construction. (Motion passed 5-0)
9. CITY ATTORNEY'S REPORT:
10. CITY ADMINISTRATOR'S REPORT
A. Alternative City Hall Sites
Administrator Rafferty reported negotiations will continue with the owners of the
Brookfield II building, but asked the Council to give him the permission to authorize
professional services to pursue two other potential options.
M/S/P DeLapp/Dunn — to direct the City Administrator to continue developing the
proposal for alternative sites for new facilities. (Motion passed 5-0.)
B. Met Council Meeting
Administrator Rafferty reported he, Planner Dillerud, Council member John met with
Regional Administrator Tom Weaver, Metro Council Chair Peter Bell and METC
Environmental Services Director Bill Moore to review the background of the Lake
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 8
Elmo/Met Council Comprehensive Plan issue; and, to determine if the Met Council had
actually proposed any other potential settlement — as had been reported to the City by
third parties.
Administrator Rafferty reported that the majority of the meeting involved reviewing the
June, 2003 proposal for settlement that had been suggested by Chair Bell, and thereafter
found to be unacceptable to the City Council. He also noted that Council Member John
then briefed Bell and Weaver as to the history of the Regional Sewer discussions during
the late 1990's.
He then reported that Council Member John advised the METC representatives that he
distinctly recalled the lake Elmo Council telling METC representatives at a meeting in
the Lake Elmo City Hall that the City would only consider a small WONE interceptor
capacity increase to support Business Park service as far west as Keats Avenue. The Met
Council engineers had said that such a capacity increase could be accomplished by a
short stretch of parallel piping at a cost of around $400,000. John continued that the $10
million dollar Lake Elmo Interceptor was never discussed with the City before appearing
in the Met Council amended Sewer Plans in 2000.
Administrator Rafferty summarized the Met Council position regarding Lake Elmo's
Comprehensive Plan as unchanged, with no new Met Council proposals "on the table",
and no compromise proposal so far forthcoming from Lake Elmo.
The City Planner then reminded the Council of his June 18, 2003 Memo to them which
quantitatively described the "Bell Proposal" as less of a departure from the adopted Lake
Elmo Plan, but which would still result in double the housing units and population in the
City by 2003 than the Lake Elmo Plans specifies — most of which would be located in the
area of the City between 10th Street and I-94.
11. CITY COUNCIL REPORTS:
A. Mayor Hunt — Champion of Industry
Mayor Hunt reported the City could use its annual donation from the Lalce Elmo Jaycees
to help defray the costs, and he has been talking with local businesses to see if they would
be willing to help cover some of the costs. About 45 percent of the costs are covered.
Mayor Hunt and Council Member John indicated they wanted to talk about the City's
good planning and thought this was a tremendous way to have the City come together.
Council member Johnston stated that people like Lake Elmo being a well kept secret and
it was a terrible waste of money. He questioned the validity and usefulness of the award
that was given to cities that paid the $28,000 fee.
M/S/F Hunt/DeLapp — to proceed ahead with accepting the Champions of Industry 300
award for "best small town" from Pat Summerall Productions. (Motion failed:Dunn:The
remaining funding was too high for the City, Johnston:He could come up with a dozen
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 9
projects that would be better use of the City's money, DeLapp:His heart said yes, but his
pocketbook said no.)
Council member DeLapp asked staff to deal with the Buberl CUP because of the
numerous violations. He said the County and Planners haven't given up on this DeLapp
noted there was a monster garage, painted yellow and did not match the color of the
house, which was built in his neighborhood that could fit two buck tractors.
Council adjourned the meeting at 9:50 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No.
Resolution No.
Resolution No.
Resolution No.
Resolution No.
Resolution No.
Resolution No.
Resolution No.
2004-050 Approve Claims
2004-051 Final Payment to Tower Asphalt for Street Overlay Project
2004-52 Partial Payment to Schifsky & Sons for Hill Trail Reconstruction
2004-053 Comprehensive Plan Amendment for Dan & Jean Olinger
2004-054 Zoning Variance for 8061 Hill Trail N. Abrahamson
2004-055 Deny OP Concept Plan Deer Glen (Lakewood Church)
2004-056 Front yard Garage Waiver, William Deeb, 2333 Legion Ave.
2004-057 Front yard Garage Waiver, Link Lavey, 810 Hidden Bay Trail
Ordinance No. 97-134 & Ordinance 97-135 Zoning Ordinance Amendment — Uses in
Limited Business Zone for Beauty Salons and Day Spas
Ordinance No. 97-136 Rezoning for Dan and Jean Olinger
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 10
LA
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2004-61
RESOLUTION APPROVING CLAIMS
BE IT RESOLVED THAT Claim Numbers DD203 through DD210
25931 through 25947, were used for Staff payroll dated July 22, 2004,
Claim Numbers 25948 through 25988 dated August 03, 2004 in the total amount
of $245,233.95 are hereby approved.
ADOPTED, by the Lake Elmo City Council on the 4th day of August, 2004.
Lee Hunt
Mayor
ATTEST:
Martin J. Rafferty
City Administrator
Accounts Payable
Computer Check Proof List
User. administrator
Printed: 07/30/2004 - 8:27 AM
Invoice No
Vendor:ACTION
141164
Vendor:ALEXAIR
6991
Vendor:AmeriMar
10518
Vendor:ARAM
629-5510361
Vendor:ASPENMI
56310
Vendor:ATTWI
2750230
Vendor:AVAYA
2718935575
Description
Action Rental
Air Hammer Rental -Parks
Check Total:
Alex Air Apparatus, Inc
SBCA Brackets -Fire Dept.
Check Total:
AmeriMark Direct
Supplies for Recycling -Promotions
Check Total:
Aramark
Linen City Hall
Check Total:
Aspen Mills, Inc.
Uniform -Fire Dept.
Check Total:
AT&T Wireless
Floater Phone -Fire Dept.
Check Total:
AVAYA Inc.
Maint. Telephone -City Hall
Check Total:
AP - Computer Check Proof List (07/30/2004 - 8:27 AM)
Amount Payment Date Acct Number
Check Sequence: 1
30.89 08/03/2004 101-450-5200-44030
30.89
Check Sequence: 2
468.80 08/03/2004 101-420-2220-42400
468.80
Check Sequence: 3
946.00 08/03/2004 101-430-3200-44300
946.00
43.18 08/03/2004
43.18
Check Sequence: 4
101-410-1940 14010
Check Sequence: 5
145.66 08/03/2004 101-420-2220-44170
145.66
Check Sequence: 6
20.47 08/03/2004 101-420-2220-43210
20.47
Check Sequence: 7
150.36 08/03/2004 101-410-1940-44040
150.36
Reference
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
Page 1
Invoice No
Vendor:CARQUEST
D347650
Vendor:CENTPOW
289291
Vendor:EMERGAPP
18595
18873
18874
18890
Vendor:FOUR
23-036904
Vendor:FXL
Vendor:GENESIS
IVC00032
IVC00032
IVC00032
Vendor:HERITAGE
13177
Vendor:HUMANE
Vendor:HUNT
Permit 3191
Description
Car Quest
Oil Filters
Check Total:
Century Power Equipment
Helmet System -Fire Dept.
Check Total:
Emergency Apparatus Maint.
Repairs Unit 3183-Fire Dept.
Repairs Unit 3173-Fire Dept.
Repairs Unit 3176-Fire Dept.
Repairs Unit 3183-Fire Dept.
Check Total:
Four Seasons Service
Supplies -City Hall
Check Total:
FXL, Inc.
Assessing Services -August 2004
Check Total:
Next Genesis Productions
Software-Admin
Repairs- Bldg & Fire Dept
Monitor-Admin
Check Total:
Heritage Printing
Business Cards -Fire Dept.
Check Total:
Humane Society Companion Animl
Impound Fees April -June
Check Total:
Huntington Homes LTD
11730 Little Bluestem Ct
' AP - Computer Check Proof List (07/30/2004 - 8:27 AM)
Amount Payment Date Acct Number
Check Sequence: 8
48.53 08/03/2004 101-430-3100-42210
48.53
Check Sequence: 9
42.55 08/03/2004 101-420-2220-42400
42.55
2,122.79 08/03/2004
181.37 08/03/2004
222.44 08/03/2004
111.98 08/03/2004
2,638.58
Check Sequence: 10
101-420-2220-44040
101-420-2220-44040
101-420-2220-44040
101-420-2220-44040
Check Sequence: 11
21.42 08/03/2004 101-410-1940-44300
21.42
Check Sequence: 12
1,700.00 08/03/2004 101-410-1550-43100
1,700.00
450.00 08/03/2004
519.36 08/03/2004
499.00 08/03/2004
1,468.36
Check Sequence: 13
101-410-1520-43190
101-410-1520-43180
101-410-1520-43185
Check Sequence: 14
330.74 08/03/2004 101-420-2220-42000
330.74
Check Sequence: 15
3,624.20 08/03/2004 101-420-2700-43160
3,624.20
Check Sequence: 16
1,000.00 08/03/2004 803-000-0000-22900
Reference
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
Page 2
Invoice No
Permit 3192
Permit 3354
Permit 3355
Permit 3489
Permit 3490
Permit 3525
Permit 3526
Permit 3596
Permit 3597
Permit 3644
Permit 3645
Permit 3695
Permit 3696
Vendor:Johnson
Vendor:LAKEESOD
494020
494025
Vendor:L NDVENN
285849-0840
Vendor.MARONEYS
054738
054738
054738
Vendor:MENARDSO
41754
43128
Description
11720 Little Bluestem Ct
11740 Little Bluestem Ct
11750 Little Bluestem Ct
11800 Little Bluestem Ct
11810 Little Bluestem Ct
11840 Little Bluestem Ct
11850 Little Bluestem Ct
11830 Little Bluestem Ct
11820 Little Bluestem Ct
11780 Little Bluestem Ct
11790 Little Bluestein Ct
11760 Little Bluestein Ct
11770 Little Bluestem Ct
Check Total:
Johnson Construction
Storage Rental -August Fire Dept.
Check Total:
LAKE ELMO SOD FARMS LLC
Sod
Sod
Check Total:
Lindquist & Vennum
Legal Comp Plan Appeal
Check Total:
Maroney's Sanitation, Inc
Refuse City Hall
Refuse Public Works
Refuse Parks
Check Total:
Menards - Oakdale
Misc. Supplies -Fire
Cleaning Supplies -Fire Dept.
Check Total:
AP - Computer Check Proof List (07/30/2004 - 8:27 AM)
Amount Payment Date Acct Number Reference
1,000.00 08/03/2004
1,000.00 08/03/2004
1,000.00 08/03/2004
1,000.00 08/03/2004
1,000.00 08/03/2004
1,000.00 08/03/2004
1,000.00 08/03/2004
1,000.00 08/03/2004
1,000.00 08/03/2004
1,000.00 08/03/2004
1,000.00 08/03/2004
1,000.00 08/03/2004
1,000.00 08/03/2004
14,000.00
803-000-0000-22900
803-000-0000-22900
803-000-0000-22900
803-000-0000-22900
803-000-0000-22900
803-000-0000-22900
803-000-0000-22900
803-000-0000-22900
803-000-0000-22900
803-000-0000-22900
803-000-0000-22900
803-000-0000-22900
803-000-0000-22900
Check Sequence: 17
90.00 08/03/2004 101-420-2220-44120
90.00
27.16 08/03/2004
6.39 08/03/2004
33.55
9,780.08 08/03/2004
9,780.08
95.89 08/03/2004
95.89 08/03/2004
183.96 08/03/2004
375.74
41.16 08/03/2004
3.66 08/03/2004
44.82
Check Sequence: 18
101-430-3100-42250
101-430-3100-42250
Check Sequence: 19
101-410-1940-43020
Check Sequence: 20
101-410-1940-43840
101-430-3100-43840
101-450-5200-43840
Check Sequence: 21
101-420-2220-42230
101-420-2220-44300
ACH Enabled: No
ACH Enabled: No
ACH Enabled. No
ACH Enabled: No
ACH Enabled: No
Page 3
Invoice No
Vendor:MENARDST
1643
3116
764
Vendor:METROCA
01678116
Description
Menards - Stillwater
Cleaning Supplies-Brooms,Trash Cans Fire
Masonary Bit & Scraper - Fire Dept.
Misc. Supplies -Cleaner Paint -Public Work
Check Total:
Metrocall Inc.
Pagers -Fire Dept.
Check Total:
Vendor:MINNCHEM MINNESOTA CHEMICAL CO.
287560 Detergent -Fire Dept.
Check Total:
Vendor:MOBILE
10888
Vendor:Natl Wat
1486699
Vendor:NEXTEL
761950227-016
761950227-016
761950227-016
761950227-016
Mobile Home Improvement Serv.
Gas Line Inspections -(Reimbursement)
Check Total:
National Waterworks
Meters-Reirnburseable
Check Total:
Nextel Communications
Cell Phones -Building Dept.
Ce11 Phones -Public Works Dept.
Cell Phones -Parks Works Dept.
Cell Phones-Admin Works Dept.
Check Total:
Vendor:NORTHTOO Northern Tool & EquipmentRetail Services-
0562019108 Portable Power Pack
Check Total:
Vendor:POLFUS
01 1068605
Vendor:PRESS
Polfus Implement, Inc
Part for Mower -Parks Dept.
Check Total:
StevenPress
Cable Operator
AP - Computer Check Proof List (07/30/2004 - 8:27 AM)
Amount Payment Date Acct Number Reference
123.31 08/03/2004
12.51 08/03/2004
43.59 08/03/2004
179.41
Check Sequence: 22
101-420-2220-42230
101-420-2220-42400
101-430-3100-42230
Check Sequence: 23
83.21 08/03/2004 101-420-2220-43210
83.21
Check Sequence: 24
126.93 08/03/2004 101-420-2220-44300
126.93
Check Sequence: 25
10,035.00 08/03/2004 101-410-1910-43013
10,035.00
Check Sequence: 26
259.86 08/03/2004 601-494-9400-42300
259.86
87.46
77.32
50.99
41.97
257.74
08/03/2004
08/03/2004
08/03/2004
08/03/2004
92.17 08/03/2004
92.17
Check Sequence: 27
101-420-2400-43210
101-430-3100-43210
101-450-5200-43210
101-410-1940-43210
Check Sequence: 28
101-430-3100-42400
Check Sequence: 29
47.89 08/03/2004 101-50-5200-42210
47.89
40.00 08/03/2004
Check Sequence: 30
101-410-1320-44300
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
Page 4
Invoice No Description Amount Payment Date Acct Number Reference
Check Total: 40.00
Vendor:QWEST Qwest Check Sequence: 31 ACH Enabled: No
6517142209456 Alarm -Hudson Lift Station 36.05 08/03/2004 602-495-9450-43210
Check Total: 36.05
Vendor:ROSEFLOR Rose Floral & Greenhouse Check Sequence: 32 ACH Enabled: No
172152 Vase Arrangement -Employees 90.47 08/03/2004 101-410-1110-44300
Check Total: 90.47
Vendor.RUD DianePrince-Rud Check Sequence: 33 ACH Enabled: No
Cleaning -City Hall 240.00 08/03/2004 101-410-1940-44010
Cleaning -Fire Hall 240.00 08/03/2004 101420-2220-44010
Cleaning Supplies 13.58 08/03/2004 101-410-1940-42110
Check Total: 493.58
Vendor:SATELLIT Satellite Shelters, Inc. Check Sequence: 34 ACH Enabled: No
24180611 Office Rental -Bldg Dept. 319.50 08/03/2004 101-420-2400-44120
Check Total: 319.50
Vendor.SMOKE SMOICE EATER Check Sequence: 35 ACH Enabled: No
Subscriptions -Fire Dept. 143.00 08/03/2004 101-420-2220-44330
Check Total: 143.00
Vendor:STILLGAZ Stillwater Gazette Check Sequence: 36 ACH Enabled: No
00003621 Legal Notice -Ord. Publication 37.80 08/03/2004 101-410-1320-43510
00003622 Legal Notice -Ord. Publication 113.40 08/03/2004 101-410-1320-43510
Check Total: 151.20
Vendor:TASCH T.A. Schifsky & Sons Check Sequence: 37
33552 Sand -Public Works 117.81 08/03/2004 101-430-3100-42240
Check Total: 117.81
Vendor:United
United Properties Investments
Easement Billing 1/2 Annual-2004
Check Total:
AP - Computer Check Proof List (07/30/2004 - 8:27 AM)
Check Sequence: 38
136.00 08/03/2004 601-494-9400-44030
136.00
ACH Enabled: No
ACH Enabled: No
Page 5
Invoice No Description Amount Payment Date Acct Number
Vendor:WAS-SHER Washington County
41583 Law -Enforcement Services Jan -June 04
Check Total:
160,926.48 08/03/2004
160,926.48
Check Sequence: 39
101-420-2100-43150
Vendor: WORKWELL Workwell Occupational Health Check Sequence: 40
057919 Physical -Fire Dept. 176.00 08/03/2004 101-420-2220-43050
Check Total: 176.00
Vendor:XCEL
0073736544201
Xcel Energy
22.88 08/03/2004
Check Total: 22.88
Total for Check Run: 209,739.11
Total Number of Checks: 41
AP - Computer Check Proof List (07/30/2004 - 8:27 AM)
Check Sequence: 41
101-430-3160-43810
Reference
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
Page 6
Lake Elmo
City Council
August 4, 2004
Agenda Section: CONSENT AGENDA No 4B.
Agenda Item: Request for Meehan Family for an Extension of Time to Record Final Plat
Torre Pines was given preliminary plat approval July 1998, and final plat approval for all but three lots in
September 1998. The City was informed at that time that Mr. Meehan would continue to live in the existing
home on the 10 acres, and that the final plat for these four lots would not be done at this time. The Meehans
are requesting another one-year extension. Our code allows for this extension, but requires Council
approval on a yearly basis.
The staff has no concern with this request and supports the followin ; action.
Action Items: Person responsible:
Motion: , Second , to grant the Meehan's a one- S. Lumby
year extension of the Final Plat of Torre Pines, specifically the
parcel now shown as Lot 15.
Attachments: Time Allocated:
Letter from Meehan Family
5lxt-44ce w er
A ri j�� 10
ak-i -3 I t(8
740 Marshall Avenue eG4-.$-/ayi C�
St. Paul, Mn 55104
June15,2004 RECEIVED
JUL. Z l ZUUk
Mary Kueffner
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Pingo, MN 550.42
Dear Ms. Kueffner,
I am writing again on behalf of my siblings to request our annual extension of our final plat
for the James Meehan property in Lake Elmo.
Nicholas, Susan's son, continues to live at our parents' place acting as the grounds-
keeper. Last fall Susan and I conceded our battle with the Burdock. Tim, our brother who runs
the nursery, took the Burdock on. He weed -killed, graded and re -seeded. It displaced a lot of
Burdock, but we are still cutting and spraying the ones determined to keep on growing. I do not
remember having this much of this noxious weed to contend with while our parents were alive.
xt year and our annual Burdock report,
Patricia Meehan
C/. D. 4 -4'11 c-,'tf �c,'l tr L{_,9;o�nyp pa ,4.CJ
Lake Elmo
City Council
August 4, 2004
Agenda Section: CONSENT AGENDA
No4D&E.
Agenda Item: D. Resolution No. 2004-062:Appointing Election Judges for the Primary & General
Election
E. Resolution No. 2004-063: Designating Polling Places for the Primary and General
Election
Notice of Filing (Informational)
Background Information for August 4. 2004:
According to State Statutes, .a list of Election Judges must be submitted to the City Council for approval by
Council resolution and designation of polling places is required.
Action Items:
Motion to adopt Resolution No. 2004-062: Appointing
Election Judges for the Primary & General Election
Motion to adopt Resolution No. 2004-063: Designating
Polling Places for the Primary and General Election
Attachments:
Resolution Nos. 2004-062, 2004-063
Person resnonsible:
S.Lumby
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2004-0r<,L.
A RESOLUTION APPOINTING ELECTION JUDGES
FOR STATE PRIMARY ELECTION OF SEPTEMBER 14, 2004
AND GENERAL ELECTION OF NOVEMBER 2, 2004
WHEREAS, according to State Statute, a list of Election Judges must be
submitted to the City Council for approval by Council resolution; and
WHEREAS, Election Judges shall perform all statutory duties pertaining to
opening of polling place, ballot preparation, assisting voters, counting of ballots, and
delivery of summary statements; and
BE IT FURTHER RESOLVED, that the attached listing of residents are hereby
appointed as the Election Judges to serve during the State Primary Election on September
14, 2004 and General Election on November 2, 2004, and set the wages for their services
at $10.00/Hour to the Head Judges, $9.00/Hour Assistant Judges and $8.50/Hour to all
other judges.
ADOPTED, this 4th day of August, 2004 by the City Council of the City of Lake
Elmo, Washington County, Minnesota.
Lee Hunt, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
CITY OF LAKE ELMO
ELECTION JUDGES FOR THE PRIMARY ELECTION, SEPTEMBER 14, 2004
AND THE GENERAL ELECTION, NOVEMBER 2, 2004
PRECINCT I
Joyce Mehsikomer, Head Judge
11015 32nd St. N.
P.O. Box 47
Violet Wagoner, Assistant Judge
6375 St. Croix Trail N.
Oak Park Heights
PRECINCT 2
Nancy Hansen, Head Judge
8024 Hill Trail N.
Eloise Evenson, Assistant Judge
8449 DeMontreville Trail
Diane Allen Keith Bo
u
1115 Layton Avenue N. 11828 44 Street
Jim Allen June Brogren
1115 Layton Avenue N.
Jim Beers
3234 Lake Elmo Avenue N.
P.O. Box 64
Florence Bergloff
1020 Leeward Avenue N. 8784 Lake Jane Trail
4769 Olson Lake Trail
Joe Dardis
4880 Jerone Avenue N.
Carol Crimmins
11090 32nd St.N.
Betty Herzfeld
716 Victoria Ct.
Stillwater
Bob Gibson
Suzanne Haugen
5770 Hytrail Avenue N.
Wil Hirsch
4689 Birchbark Trail
Gloria Knoblauch Barb Holm
9181 31st Street N. 4497 Olson Lake Trail N.
Jan Krueger Myrtle John
694 Jewel Avenue N. 8883 Jane Road N.
Don Meyer Loren Johnson
3112 Layton Court N. 8460 Deerpond Trail
Audrey Olsen Barb Kiesling
3124 Layton Court N. 4111 Isle Avenue N.
PRECINCT I
James Roth
2655 Innsdale Avenue N.
Paul Ryberg
11326 30th Street
Budd Schneider
3326 Lake Elmo Avenue N.
Carl Tacke
11306 31st St. N.
Linda Wagner
3286 Lampert Avenue N.
Tom Walker
11047 12d' St. N.
Michelle Deziel
2783 Legion Avenue N.
PRECINCT 2
Kathy Lohmer
8199 Hill Trail N.
Wendy Loos
3567 Kelvin Avenue N.
Don Mehsikomer
11015 32"d Street N.
Judy Moris
9759 45th Street N.
Pat O'Donnell
8909 37th Street N.
Ruth Pallmeyer
8989 Lake Jane Trail
Phyllis Paulson
3533 Kelvin Avenue N.
Jackie Pierre
8780 42"d Street N.
STATE OF MINNESOTA
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2004-063
DESIGNATING PRECINCTS AND POLLING LOCATIONS
FOR 2004 ELECTIONS
WHEREAS, the State Primary Election is September 14, 2004 and the State
General Election is November 2, 2004; and
WHEREAS, Minnesota Statutes 204B.16 requires the City Council, by ordinance
or resolution, to designate the polling places for the City for these elections.
NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council
hereby designates the following precincts and polling places as illustrated on the attached
Exhibit "A":
PRECINCT 1: (South of Highway 5) Lake Elmo Fire Station
3510 Laverne Avenue N.
Lake Elmo, MN 55042
PRECINCT 2: (North of Highway 5)
Lake Elmo City Hall
3800 Laverne Avenue N.
Lake Elmo, MN 55042
ADOPTED, by the City Council this 4`h day of August, 2004.
Lee Hunt, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
EXHIBIT A
PRECINCT
#2
Detail of Area
CITY OF LAKE ELMO
CITY HALL
3800 Laverne Avenue N.
FIRE HALL
3510 Laverne Avenue N
32nd St-NI
x
Lions
Park
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
NOTICE OF FILING
FILING FOR LAKE ELMO CITY OFFICES OPENS
TUESDAY, AUGUST 24, 2004 AND CLOSES
SEPTEMBER 7, 2004 AT 5:00 P.M. FOR
MAYOR (2-YEAR TERM)
TWO (4-YEAR TERM) CITY COUNCIL MEMBERS
ANYONE WHO HAS BEEN A RESIDENT OF
LAKE ELMO FOR AT LEAST 30 DAYS BEFORE THE
GENERAL ELECTION, IS 21 YEARS OF AGE OR
MORE, AND PAYS A $2.00 FILING FEE MAY FILE AT
THE LAKE ELMO CITY OFFICE, 3800 LAVERNE
AVENUE N., LAKE ELMO, DURING REGULAR
BUSINESS HOURS OF 8:00 A.M. TO 4:30 P.M.
MONDAY THROUGH FRIDAY.
ELECTION FOR THE ABOVE OFFICES WILL BE
HELD TUESDAY, NOVEMBER 2, 2004.
Sharon Lumby
City Clerk
Lake Elmo
City Council
August 4, 2004
Agenda Section: City Engineer's Report No. 8A
Agenda Item: Landscape Security Release — Eagle Point Business Park
Background Information for August 4. 2004:
Two growing seasons have been completed for the landscape improvements at the Eagle Point Business
Park (office condos on Eagle Point Blvd.). Mike Bouthilet has inspected the landscaping, and reported the
landscaping complies with the approved landscape plan for the site. He noted a handful of trees that had not
survived — which have now been replaced by the project developer.
Staff recommends release of the $89,900 Letter of Credit securing the landscape plan for this site.
Action items:
Motion to approved release of M&I Bank Letter of Credit #SB
6244 securing the landscape improvements of the Eagle Point
Business Park based on the Finding that the landscape
improvements are complete per approved plans and the landscape
materials have survived two growing seasons.
Attachments:
1. None
Person rehnofisible:
Time Allocated:
Lake Elmo
City Council
August 4, 2004
Agenda Section: Planning, Land Use & Zoning No. 9A
Agenda Item: Street Signs — Irish Avenue (Wildflower Shores)
Background Information for August 4. 2004:
The Wildflower Shores HOA has requested installation of the large MnDOT street signs on State Highway
5 identifying the Irish Avenue intersection. These would be the same signs that now identify several other
streets that intersect State Highway 5. Staff concurs that even the enlarged City street signs are not adequate
to assist motorists on a 55 MPH highway in finding neighborhoods that are not permitted to have private
neighborhood monument signs.
MnDOT has requested a Resolution of the City Council specifically requesting such signage — probably a
fall -out from a sign dispute in recent years a couple of miles further east on Highway 5. A proposed
Resolution is attached to that end.
Action items:
Motion to adopt Resolution #2004 c,rrequesting MnDOT to install
street signs for Irish Avenue serving the Wildflower Shores
neighborhood.
Attachments:
1. Draft Resolution
Person ptsnonsible:
Time Allocated:
CITY OF LAKE ELMO
WASHINGTON COUNTY. MINNESOTA
RESOLUTION NO. 2004-Otol
A RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF
TRANSPORTATION TO ERECT IRISH AVENUE NORTH SIGNS
ON STATE HIGHWAY 5
WHEREAS, the City of Lake Elmo has received a request to erect new Irish
Avenue North Street signs facing westbound traffic and eastbound traffic on State
Highway 5;
WHEREAS, at its meeting of August 4, 2004, the Council reviewed the request
for the new Irish Avenue North street signs on the basis these signs will alert motorists of
the entrance to the Wildflower Shore's residential development in a 55 MPH speed zone
on a State Highway.
NOW, THERFORE, BE IT RESOLVED, that the Lake Elmo City Council
requests MnDOT to erect two large Irish Avenue North street signs; one sign facing
westbound traffic on State Highway 5 and the other facing eastbound traffic on State
Highway 5.
Lee Hunt, Mayor
A 1"1'hST:
Martin J. Rafferty, City Administrator
Lake Elmo
City Council
August 4 , 2004
Agenda Section: Planning, Land Use & Zoning No. 9B
Agenda Item: Fence Ordinance
Backeround Information for August 4. 2004:
On July 20 the Council tabled the proposed new fence ordinance to enable staff to consider incorporating
any additional items that Council Members would communicate to staff in writing. As of the August 4
Agenda close staff had received written comments only from Council Member Johnston. We have added
language to the draft ordinance that addresses most of the his issues.
Perhaps the most significant suggestion has been to include "screening" standards in the fence ordinance as
well. Screening is addressed in several Code locations as a requirement for several types of uses and
circumstances. We do not, however, find any clear quantitative standards for such screening, except that it
must be "not less than 5 feet in height" (in one case). While we do not see the need to repeal any of the
screening language we have found in the Code (and there could be even more screening language — as is
always the case with our Code is seems), we do believe what we have added to the fence ordinance draft
provides needed clarification.
We have not addressed one change to the fence standards suggested by Council Member Johnston — the
allowable color of vinyl/composite fencing. On May 10 the Council specifically directed that "white"
fencing of this type be prohibited. Council Member Johnston has suggested that the Council reconsider that
prohibition. We have left the prohibition in the draft ordinance pending specific Council direction.
At the suggestion of Administrator Rafferty we have also modified the ordinance standard regarding
fencing within any street set back area. The previous draft would have permitted such fencing as solid to a
maximum of 42 inches. The ordinance now permits fencing in the street set back up to 42 inches, but also at
least 50% onen to air and light. Traffic safety is the primary concern leading to this proposal.
The draft ordinance is attached with the modifications since July 20 highlighted.
CPerson
tY �re onsible:
Action items: ff
Motion to adopt Ordinance #97 - . (as drafted or as further
modified)
Attachments:
1. Draft Ordinance #97
2. Council member Johnston's suggestions
Time Allocated:
ORDINANCE NO. 97-
AN ORDINANCE RELATING TO THE REGULATION OF FENCES AND
SCREENING IN THE CITY OF LAKE ELMO
Section 1. Amendment: Section 302 Fence Regulations is hereby added to the Lake
Elmo Municipal Code, to wit:
302 — Regulation of Fences
302.01 Fence Height
Subd. 1- Fence Height in Street Setbacks
No fence shall be constructed exceeding 42 inches in height measured from grade
within any front, side, or rear street setback. Fences constructed within the
prescribed street set back areas shall be at least 50% open to air and light. (See
Figure 302.1)
Subd. 2 — Fence Height in Interior Yards
No fence shall be constructed exceeding 72 inches in height measured from grade
in interior yards; and, any portion of such fence above 42 inches measured from
grade shall be open to light and air over 75% of the surface area. (See Figure
302.1)
Subd. 3 — Grade Defined
The grade from which fence height measurements are calculated shall only be
from either natural grade or grade modified responsive to a grading plan
approved by the City; and, shall not include the height of berms or introduced
increases in ground elevation that would raise the effective fence height over that
which would be otherwise permitted by this Section, except that a combination of
raised grade and fence that would exceed in sum the fence height permitted by
this section may be specifically approved by the City Council as an element of a
subdivision plat or commercial site plan approval establishing specific property
grading and topography.
302.02 Fence Materials
Subd. 1— Permitted Fence Materials
Permitted fence materials shall be limited to brick, stone, wood planks, split rail,
wrought iron, and as regulated by Section 302.04. Vinyl or composite material
fences shall also be permitted other than those white in color.
Subd. 2 — Finished Face of Fence
That side of the fence considered to be the face (finished side as opposed to
structural supports and frame) shall face abutting property and Public Streets.
Subd. 3 — Chain Link or Cyclone Fences
Chain Link, and wire mesh fences are permitted to a maximum height of 72
inches measured from grade; and shall be black or green in color. No chain link,
cyclone or wire mesh fence shall be permitted in any front, side, or rear setback.
(See Figure 302.2)
302.03 — Fences in the Shoreland Overlay District
No fence shall be permitted in the OHW setback of any parcel located in
Shoreland, as defined by Section 150 of the City Code.
302.04 Temporary Fences
Subd. 1 — Defined
For the purposes of this ordinance Temporary Fences are those that are installed
and removed on a seasonal basis, such as snow fences and garden fences.
Temporary Fences shall be open to light and air over not less than 50% of the
fence surface area.
Subd. 2 — Duration and Limitation
Permits for Temporary Fences may be issued for periods not to exceed 6 months.
No pernut for a temporary fence shall be issued by the City until at least 6 months
following expiration of any prior permit for a temporary fence on the same parcel
of land. No snow fence shall or posts therefore shall be installed prior to
November 1, and must be removed prior to April 15.
Subd. 3 - Height and Location
Temporary Fences shall comply with the fence and fence location standards of
Section 302.01, except that snow fences shall be set back at least 50 feet from any
south or east property line, or such additional distance as may be required to
prevent the accumulation of snow on public streets or adjoining property, as
determined by the Building Official.
302.05 Agricultural Exemption
Fences constructed on parcels in excess of 5 acres for the keeping of horses; and
fences constructed on parcels in excess of 10 acres for the keeping of other
livestock, as defined by Section 150 the City Code, are specifically exempted
from the provisions of this section. Any such agricultural fencing shall be at Least
75 % open to air and light.
302.06 Fences as Screening. and Security as Required by This Code
The Lake Elmo City Code and Zoning Ordinance include prescribed physical
circumstances of a site where screening of uses, equipment, and outside storage
is required. In those prescribed circumstances, fence not to exceed 72 inches in
height measured from grade may be installed, subject to the following
standards:
1. Required fences for screening and security purposes in Agricultural and
Residential zoning districts shall be set back from all property lines equal
to the required structure set back of the zoning district in which they are
located.
2. The provisions of Section 302.01, Subd. 3 of this Chapter regarding fence
height measurement from grade shall apply. No combination of earthen
berm azzd fence may exceed the 72 inch maximum height for screening.
306.07 Fence Permits Required
Except as noted herein, installation of all fences require a fence permit issued by
the City of Lake Elmo Said permit shall be applied for on such forms, include
such documentation, and include such fees to the City for processing as may be
prescribed from time -to -time by the City Council. Fences exempt from requiring
an installation permit are limited to the following:
1. Fences of any type installed for the sole purpose of the keeping of
Domestic Farm Animals, as defined by Section 150 of the City Code, and
regulated by Section 300.13, Subdivision 15E of the City Code. All such
fences shall be removed by the property owner within 6 months of the
termination of the keeping of Domestic Farm animals.
2. Fences of any type installed by Municipal, County or State governments
and Public Utilities for facility security or the delineation and/or protection
of Public Rights -of -Way.
Failure to obtain a City Fence Permit prior to the installation of any fence subject
to this regulation shall result in an automatic double permit fee, in addition to any
corrective measures to bring said fence into compliance with the standards for
fences prescribed by the Lake Elmo Zoning Ordinance.
306.08 - Fences as Non-conforming/Hazardous Structures
Fences shall be considered to be structures for the purposes of applying the terms
of the Non -conforming structure provisions of the Zoning Ordinance, and the
Hazardous Structures provisions of City Code and State Statute.
306.09— Other Provisions of Code
To the extent that provisions of this Section may conflict with other provisions
of the City Code regarding the regulation of fences and screening, the
provisions of this Section only Mall apply.
Section 2 — Amending Section 150 Definition of Fence
The Section 150 definition of "Fence" is hereby amended to add the following: "...riot
to include any roof or covering."
Section 3. Repealer
Section 1360, of the City Code is hereby repealed in its entirety.
Section 4. Effective Date: This ordinance shall become effective upon its passage and
publication according to law.
ADOPTED by the Lake Elmo City Council this day of 2004.
Lee Hunt, Mayor
ATTEST:
Martin Rafferty, City Administrator
Curb Line
Property Line i
42"
72"
Figure 302.1
HEIGHT OF FENCING
STREET SIDE YARD
42 In. Maximum-50% Open to Air & Light
•
72 In. With 75% Open Above 42 In.
42 In. Solid & 75%
Open to 72 Inches
H
0
u
S
E
: 1 72"
►I
42"
W
72" 42"
S
R
E
E
T
F
R
0
N
T
Y
A
R
D
Figure 302.2
CYCLONE/CHAIN LINK FENCING
STREET SIDE YARD
Curb Line
PropertyLine —►I_--.._..—.._..®..e..®..—..
Chain Link Permitted
Chain Link to
72" Permitted
H
0
U
S
E
L-
Chain Link Permitted
Chain Link in Black or Green Only
R
0
N
T
S
T
R
E
E
T
Y
A
R
D
Chuck Dillerud
From: DeanJohnston [DeanJohnston@comcast.net]
Sent: Sunday, July 25, 2004 10:10 PM
To: Rafferty, Martin
Cc: John, Wyn; Lee Hunt; Sue Dunn; Steve DeLapp; Chuck Dillerud
Subject: Input on fencing and screening
Marty,
Here is my list of suggestions for further discussion regarding fences and screening.
1. It is my understanding that for Iakeshore lots the "front" yard is the yard between the home
and the lake. This needs to be included.
2. Residential and Commercial screening should have different standards. Present
commercial standard is OK.
3. Residential screening up to six feet in height may be allowed within the building setbacks.
May want to consider limiting the total screen to 50 feet total (except for swimming pools.)
4. If fences and berms are used in combination, the total height may not exceed six feet.
Berms may not change drainage to neighboring property.
5. The "Agricultural Exemption" in the council proposed code effectively allows a homeowner
with 10.000001 acres or more to buy a chicken and be exempt from the fence code. He is
then able to build whatever he wants, then dine on the chicken with the result that he has a
legal but nonconforming fence. This needs to be corrected.
6. Agriculture may be permitted to choose from a specified list of traditional agricultural fence
materials.
7. I would like for the Council to reconsider the restriction on plastic materials prohibiting
"white."
8. Screening and fencing should be held to the same material requirements (agriculture
fences may be constructed from an additional list of agricultural fence materials).
B. Neither screens nor fences are permitted to have roofs. This may sound stupid but it
relects the degree to which some people will go to get around the code.
9. Fence Permit Exemptions
A. Fences permits for fences of any type installed for the sole purpose of keeping
Domestic Farm
Animals are not required on properties larger than 40 acres. (Intent is for hobby
farms to get permits, working farms are to be excepted - we may want to
discuss the size.)
B. City, County, or State governments for security or on right of way
Dean Johnston
777-4444
7/26/2004
Lake Elmo
City Council
,Aug. 4, 2004
Agenda Section: Planning, Land Use & Zoning No. 9: c
Agenda Item: Fence Moratorium Exemption Request — 55th Street
Background Information for .Tuly 20.2004:
By a letter of July 6, 2004 four residents of Carriage Station whose homes back to 55th Street North have
requested removal of their properties from the Fence Moratorium to allow construction of fencing along
their combined north property lines (also the south right of way line of 55th Street North). The fence
proposed would mirror that which exists on the property at the southwest corner of Marquess Trail and 55th
Street North — 6 feet in height of a picket design.
The Moratorium provides for amendment to remove specific properties, "...if proposed fences will comply
with anticipated new regulations...". Review of the both of the proposed fence ordinance amendment drafts
finds the fence proposed by these property owners would not comply with either "anticipated" ordinance.
By both ordinance drafts the 55th Street side of these properties is a "rear street yard". Fences in rear street
yards are permitted (up to six feet solid) by the Planning Commission draft, "...only if specified in the
landscaping plan and final plat in subdivisions...". Not the case here. In the City Council version, no fence
may exceed 42 inches in height (regardless of percentage open to air/light) in a rear street yard. The
property owners specify 72 inches.
While we have attached a draft ordinance to remove these properties from the Moratorium, it does not
appear that the terms of the Moratorium would permit the adoption of the removal ordinance based on either
of the "anticipated" ordinance drafts.
Person re(t3vnsible:
Action items: an —13.�
Motion regarding adoption of an ordinance to remove 4 properties City
along 55th Street North from the Fence Moratorium
Attachments:
1. Draft Ordinance to Remove Properties
2. Location Map
3. Applicant's Letter of July 6, 2004
4. Adopted Fence Moratorium Ordinance
Time Allocated:
55th Street North
l \
Location Map
R21W R20W R[19W
1
732N
T3IN I i T31N
730N
T29N " 729N
T28N R 728N
727N S T27N
R22W R2IW R20W
Vicinity Map
0 174
scale in Feet
This drawing is the insult of a compilation
and reproduction of land records as they
appear in various Washington County offices.
The drawing should be used for reference
purposes only. Washington County is not
responsible for any inaccuracies.
Source: Washington County Surveyors Office
Phone (651) 430-6875
Parcel data based on AS400 information
July 6, 2004
Dear Lake Elmo City Council:
We have all spoken with Tom McCormick regarding a six-foot tall fence that will line the north end
of our properties, along 55th street and we have authorized Tom to pursue a fence permit for the
project even though we lmow there is a temporary moratorium on fences.
Our intention is to have a fence built that is identical to Eric Hayes' fence at 12260 Marquess Way N.
The Hayes fence is NOT a solid wall fence, is constructed of cedar posts and 3 inch, dog-eared
vertical boards with a two-inch split between boards. Hayes' property and fence is adjacent to
McCormick's property on the west side of his lot and the fence was built by Midwest Fence, a South
St. Paul company that has been an upstanding member of the Better Business Bureau since 1976. We
have obtained a quote from Midwest and would like to pursue using them to build this fence also.
The east side of the fence would end where the NE corner of Mark Larson's property meets the
Carriage Station Business Park.
Our Objective is to obtain some separation and privacy from the traffic on 55't street, including the
post office annex that resides on the other side of the street. As a secondary objective, we realize our
four lots control the look of the development for the traffic that travels down 55th to enter the
development through the back entrance and we felt it was important for our fences to have a
consistent look.
We ask that the city council reviews our request and the properties, if they wish, during the next two
weeks. At the next city council meeting, we would like t6 be an included agenda item, as
consideration for an exception to the moratorium, and to be granted a fence permit. Midwest Fence is
already scheduled out for the next four weeks and our fear is that the new fence ordinance might not
be in place in time for us to have our project completed this sumrner.
Sincerely,
Eric Ha
12260 Marquess Way N
Toni McCormic
12276 Marquess Way N
Terry Shuman
12288 Marquess Way N
cs 2,003
Mark Larson
12300 Marquess Way N
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.
EFFECTIVE DATE: This Ordinance shall be effective the day following its publication.
Dated: -1 - , 2004
Lee Hunt, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
PUBLICATION DATE: Published on the 2. day of ��e- , 2004.
F9usersUanlce\Jerry\LE\Fence Ordlnance.doo
1'p
take Elmo
City Council
August 4, 2004
Agenda Section: Planning, Land Use & Zoning No. 9D
Agenda Item: Zoning Ordinance Amendment — Family Entertainment Center
Background Information for August 4. 2004:
As requested July 20 the City Attorney has prepared an Opinion regarding the amendment proposal now before the
City Council, which is attached. I believe the most significant statement in that Opinion is the last sentence of the
third paragraph. Given the extensive testimony by present and prospective owners and their attorneys, and real estate
brokers regarding this specific use on this specific site at the Planning Commission Hearing — repeated and expanded
upon at the July 20 City Council meeting — it would appear that parties might conclude that, by setting the maximum
square foot building area at 50,000 square feet where other Conditional uses in the LB use are limited to 20,000
square feet, the City is crafting zoning for "a particular piece of property".
Should the Council not concur in the foregoing observation, and desire to proceed with the amendment utilizing the
50,000 (adjusted from 47,000) square foot building area maximum under the locational conditions specified, the
attached ordinances #97-138 and #139 should be adopted. Four affirmative votes are required to adopt Ordinance
#138.
The discussion of this issue on July 20 was wide-ranging, with numerous ideas presented, including the following:
1. Enhanced specificity regarding site and structure characteristic prerequisites to qualify as a Conditional Use.
2. Elimination of the "in -door paint ball" use example in the 139 definition.
3. Detailed performance standards
We have not modified the draft ordinance to address those ideas since the Council direction appears to only address
the use scale Legal Opinion. In fact, most of those ides could be incorporated into any future discussion of a specific
' Conditional Use Permit application.
As of this writing it appears that the Council's options regarding this proposal (and the ordinances related to it) are as
follow:
1. Adoption of #138 and #139 as written
2. Adoption of #138 with a 20,000 square foot maximum building area, thus reflecting the Council's generally
favorable position regarding Family Entertainment Centers,
3. Adopt the Planning Commission recommendation, and take no action to amend the Code at all.
Person responsible:
Action items:
Motions consistent with one of the options provided, or direction C
to Staff for further work on the ordinances.
Attachments:
1. Draft Ordinance #138
2. Draft ordinance #139
3. Draft City Council Minutes of July 20
4. City Attorney Letter of July 30, 2004
Time Allocated:
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE 97 —
AN ORDINANCE AMENDING SECTION 307.07 SUBDIVISION 4.K.3. AND 4.
RELATING TO CONDITIONAL USES IN THE LIMITED BUSINESS
ZONING DISTRICT
Section 1. Amendment: Section 307.07, Subdivision 4.K.3.and 4. of the Lake Elmo Municipal Code is
hereby amended to read as follow, to wit:
3. Conditional Uses.
Limited Business
Art Sale and Gallery
Bicycle Sales
Boats and Fishing Equipment Sales and Service
Business Services
Family Entertainment Center
Furniture, Home Furnishings and Related
Equipment
Greenhouses and Nurseries
Landscaping Services; flowers and floral
accessories.
Licensed Dependent Care Centers
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
Uses normally associated with Office Developments
(photocopy and printing shops, travel agencies.) and
containing limited retail activity. 20,000 Square Feet
Maximum Floor Area
20.000 Sauare Feet Maximum Floor. 50.000 Square
Feet Maximum Floor Area Where Site Fronts
Hudson Blvd
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
Limited Retail Uses clearly accessory to the
permitted principal use of the land
Medical, Dental and Research Laboratories
Motorcycle Sales
Pre- School Facilities
Beauty Salons
Skiing Equipment
Snowmobile Sales and Service
Sporting Goods
Transmission Facilities for Teleconferencing
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
Are not free-standing and do not extend more than 20
feet above the building to which they are attached.
20,000 Square Feet Maximum Floor Area
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 97-
AN ORDINANCE AMENDING SECTION 150
OF THE LAKE ELMO MUNICIPAL CODE
TO INCLUDE A DEFINITION OF A FAMILY ENTERTAINMENT CENTER
Section 1. Amendment: Section 150 "Definitions" of the Lake Elmo Municipal Code is hereby amended
to include the definition of Family Entertainment Center, to wit:
Family Entertainment Center
Amusement facilities that may include indoor miniature golf, child play areas, arcade games, batting
cages, indoor paint ball, birthday party and family celebration rooms, indoor soccer/field hockey,
children's adventure play gardens and laser tag. Also typically included are a small food and beverage
area and a small retail area. All facilities are non-alcoholic and smoke free.
Section 2. Effective Date: This ordinance shall become effective upon its passage and publication
according to law.
ADOPTED by the Lake Elmo City Council this day of 2004.
Lee Hunt, Mayor
ATTEST:
Martin Rafferty, City Administrator
Veterinary Clinics
Vineyard and Winery Produce and Sales
No crematorium, outdoor kennels or storage. 20,000
Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
Section 2. Effective Date: This ordinance shall become effective upon its passage and publication
according to law.
ADOPTED by the Lake Elmo City Council this day of 2004.
Lee Hunt, Mayor
ATTEST:
Martin Rafferty, City Administrator
DRAFT
M/DeLapp/No Second — to direct the Planning Commission to consider an amendment to
the zoning ordinance on building height that considers the effect of overall building size;
and, to consider fire sprinkling of single family residential properties under certain
conditions.
Council member DeLapp said he would let the Fire Dept to take the next step as to fire
sprinkling of single family residential buildings.
C. Amended Fence Ordinance
The City Planner reported the Planning Commission held a public hearing on June 28 to
include two separate versions of the draft fence regulations:
1. A version developed by the Planning Commission over several
meetings earlier this year, and;
1 A version responsive to the guidance provided by the City Council
as to fence standards, following the Workshop on May 10.
He noted that both versions assume that fence standards now found in Section 1360 of
the City Code would be repealed entirely.
The Council received a letter from Charles Dennis opposing the Council's version of a
new fence ordinance.
Council member Johnston said he has a problem with the Council version involving the
Ag exemption on parcels as small as 10 acres. He stated that he also does not believe that
fencing requirements on Shoreland property is fully developed in the draft ordinance. He
noted the need to go ahead with Council version, and get specific Council questions and
suggestions as to modifications to that version to the City Planner to address at the next
Council meeting.
M/S/P John/Johnston — to direct the staff to proceed with the City Council directed
version of the new fence ordinance. (Motion passed 4-0).
D. Fence Moratorium Exemution Request at 55t' Street North:Ordinance No. 97-
137 (Postponed until the next Council meeting.)
E. Limited Business Zonina District — Add Family Entertainment Center:
Ordinance 97-138 and 97-139
The City Planner reported that the on June 28 the Planning Commission conducted a
Public Hearing to consider amending the Zoning Ordinance to include Family
Entertainment Centers as a Conditional Use in the Limited Business zone. He reported
that the Commission also considered a new definition for the use to be added to Section
150 of the City Code. Finally, he reported that the Commission recommends the City
Council adopt no amendment to the Zoning Ordinance or Section 150 of the City Code
LAKE ELMO CITY COUNCIL MINUTES JULY 20, 2004 5
DRAFT
regarding the Family Entertainment Center use. He explained that the Commission did
not necessarily believe that the Family Entertainment use was inappropriate in the
Limited Business zone, but that the proposal to allow a maximum of 50,000 square feet
of floor area for that use when all other Limited Business Conditional Uses were now
limited to 20,000 square feet suggested an inappropriate scale of use.
Dave Larson, prospective purchaser of the Dolan Marine site explained the Dolan Marine
site, 9200 Hudson Blvd., currently includes two buildings, one that is just less than
33,000 square feet and one that is 14,000 square feet. He said that the larger building
would be remodeled to include indoor miniature golf, a small child play area, a small
retail area, snack bar/kitchen, arcade games, birthday party rooms and indoor soccer/field
hockey arena and indoor batting cages; and, that the smaller building could be used for
indoor paintball. He suggested that the back six acres would be left as open space with a
small fenced -in area to be used for outdoor boat storage.
Sabrina Dolan stated they have been looking to sell the business for some time and when
they were approached by Doug Larson about the possibility of turning the location into a
family entertainment center, they felt the idea would be a good fit for the City. She said
she didn't know why there is an issue with the size, since the project would be using the
existing buildings which are grandfathered in. Dolan added that, if the Council is thinking
of turning them down, it will have a large impact on their family.
John Bellows, Attorney for Dolan Marine. stated the property could be divided into three
separate uses, and pointed out the buildings was grandfathered in, and leaves options.
Council member DeLapp asked what about issues of advertising, lights, noise, traffic,
landscaping, parking, and sprinklers. What is the traffic count being proposed? Do we
intend to entertain Oakdale and Woodbury customers?
Tom Kendall, Broker for Dolan Marine, asked the City Council to look at what the
buyers are trying to do: non alcoholic, no smoking, purely family entertainment,
something for the family to do in a safe environment in the winter. He said that the
prospective buyers have a vision, and are not asking to raze the bldgs, but to remodel
existing facilities and improve the value of property which creates higher tax revenue for
the City. He noted that only the approval of the use is what is on the Council's agenda
now; and that conditions would be added to the resulting Conditional Use Permit that
address Council member DeLapp's concerns.
Jeff Lyman, prospective purchaser of the Dolan site, explained that he uses they would
propose are low intensity and not like a big box grocery store. He said they are planning
on sprinkling the property.
The Council consensus appeared to be that the idea of family entertainment centers
would be appropriate for the City and had no objections to paintball. There was concern
expressed, however, as to the scale of the use now proposed as to whether that scale
would be used in the future to argue precedent for a "big box" retail type of use of similar
LAKE ELMO CITY COUNCIL MINUTES JULY 20, 2004 6
DRAFT
scale. The Council appeared concerned that if the City allowed one type of business to
have up to 50,000 sq.ft. of space in Limited Business, other business would demand the
same scale.
Planner Dillerud stated that the City Council has to address the 50,000 maximum of
square feet building area. He suggested that the balance of issues raised regarding the
Family Entertainment Center can be dealt with the CUP process. Dillerud suggested that
the Council might want to ask the City Attorney for an opinion as to what manner of
precedent regarding other uses might result from the 50,000 square foot maximum
building area allowance for Family Entertainment Centers.
Council Member Johnston indicted he would approve the Family Entertainment Center
Zoning Ordinance amendment if' the City Attorney could say it would not affect other
sites in the future.
Council Member John said he would favor 50,000 sq.ft. of maximum building area for
the use.
M/S/P DeLapp/Johnston - to postpone a decision to add Family Entertainment Centers as
an acceptable use in Limited Business areas for two weeks to obtain the City Attomey's
opinion on setting precedent; and, staff comments on how this could be accomplished
without setting precedent. (Motion passed 4-0).
10. CITY ATTORNEY'S REPORT:
11. CITY ADMNISTRATOR'S REPORT:
A. Meeting Time of Council Committees
Administrator Rafferty reported there will be a change from 7 p.m. to 5:30 p.m. meeting
time, the second Tuesday and Wednesday of the month for the Council Committees. The
Public Works Council Committee will meet on Tuesday, August 10 at 5:30 p.m. On
Wednesday, August 11, the Public Health will meet at 5:30 p.m. and the Finance Council
Committee will meet at 6:15 p.m.
The Environmental Commission and City Council will tour the Waste Management
Facility on July 21, 7 p.m.
12. CITY COUNCIL REPORTS:
A. Mayor Hunt
(1) Undate on Met Council Meeting
Mayor Hunt reported State Senator Brian LeClair, and mayors/council members from the
Grant, Afton, St. Croix Beach, Dayton, Baytown Township, and West Lakeland
Township joined Council Member Dunn, Mayor Hunt, Administrator Rafferty and
Planner Dillerud at a meeting with the Governor's Chief of Staff Dan McElroy, METC
LAKE ELMO CITY COUNCIL MINUTES JULY 20, 2004 7
Peterson, Fram &t Bergman, P.A.
50 East Fifth Street, Suite 300
St. Paul, Minnesota 55101
651-290.6907
July 30, 2004
Mr. Charles Dillerud
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
Re: Family Entertainment Center
Dear Chuck:
Subject to the provisions of the Municipal and Metropolitan Land Planning Acts,
the City Council has the authority to adopt and amend zoning regulations as it
deems appropriate. The City Council can adopt ordinances which define a
family entertainment center and allow its use in a particular zoning district.
The definition should be dear, precise, and hopefully not subject to
interpretation. The proposed definition of family entertainment center
references a non -inclusive list of allowed activities. The use of the phrase
"may include" as opposed to "shall be limited to" will, in all likelihood, require
future interpretation of this particular definition.
The City Council could determine that a family entertainment center use
should be allowed in a limited business zone by conditional use permit.
Generally, the City Council would review the policies of its comprehensive plan
and the purposes of its limited business zoning district to determine if this is
the proper zoning for this particular type of conditional use. The City Council
should also determine if there is any rational basis for treating this particular
conditional use substantially different (maximum square footage allowed) from
other conditional uses in the limited business zone. Regulations which are
crafted to resolve circumstances on a particular piece of property can create
the perception that the City is acting in an arbitrary manner, and if carried to
the extreme, could expose the City to a spot zoning argument.
If the proposed regulations are adopted, any person who owns property in the
limited business zone along Hudson Boulevard could apply for a family
entertainment center conditional use permit. All such applications would need
to be reviewed and acted upon in a non -arbitrary manner. If the applicant
satisfied the standards contained in the regulations, it would be legally difficult
to deny the applicant's requested permit.
If you have any questions, please contact me.
Very truly yours,
/s/ JPF
Jerome P. Filla
F:usemUaniceVerry\LB\Famity Entertainment Letter.doc
La! a Elmo
City Council
August 4, 2004
Agenda Section: Planning, Land Use & Zoning No. 9E
Agenda Item: Final Plat, OP Plan and Development Agreement — Whistling Valley Second Add.
Background Information for August 4.2004:
Bald Eagle Development has applied for Final Plat approval of the 18 lot Second Addition for Whistling
Valley in the Northwest Quadrant of Keats Avenue and 10th Street North. The Final Plat proposed is
responsive to the approved Preliminary Plat, and the conditions to that approval (no direct trail access is
proposed to the Regional Park). The City Attorney has prepared the attached Development Agreement
covering the responsibilities and financial requirements of the developer. The Final landscape plan includes
forestation exceeding the requirements of both the OP Ordinance and the Subdivision Code.
Staff recommends adoption of the attached Resolution approving the Final Plat, Final OP Plan and
Development Agreement.
Action items:
tacos
Motion to approve Resolution #2004 - , approving the Final Plat,
Final Plan, and Development Agreement of Whistling Valley 2"a
Addition per plans staff -dated July 29, 2004.
Attachments: oc,s
1. Draft Resolution #2004 - , Approving Plat
2. Location Map
3. Draft Development Agreement
4. Resolution #2004-033 Preliminary Plat
5. Approved Preliminary Plat
6. Final Plat Graphics
Person es
Time Allocated:
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2004-065
A RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT
AGREEMENT OF WHISTLING VALLEY SECOND ADDITION
WHEREAS, the Lake Elmo Planning Commission reviewed the preliminary plat
of WHISTLING VALLEY SECOND ADDITION on April 12, 2004, and recommended
approval to the City Council, and
WHEREAS, the Lake Elmo City Council considered and approved the
preliminary plat of WHISTLING VALLEY SECOND ADDITION on April 20, 2004
and;
WHEREAS, the Final Plat, OP Final Plan and Development Agreement of
WHISTLING VALLEY SECOND ADDITION presented to the City Council conforms
to the standards of Section 300 and Section 400 of the City Code.
NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council does
hereby approve and accept the Final Plat, OP Plan and Development Agreement of
WHISTLING VALLEY SECOND ADDITION, per plans staff -dated July 29, 2004 as on
file with the City Administrator subject to the following conditions:
1. Compliance with the requirements of the City Engineer.
ADOPTED, by the Lake Elmo City Council this 4th day of August, 2004.
Lee Hunt, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
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DEVELOPMENT AGREEMENT
CITY OF LAKE ELMO
WHISTLING VALLEY SECOND ADDITION
1.00 Parties. This Agreement is dated the day of , 2004, and is entered into
by and between City of Lake Elmo, a Minnesota municipal corporation (herein "City");
and Bald Eagle Development, LLC, a Minnesota limited liability company (herein
"Developer").
2.00 Property Description. The Developer represents that it is the record fee owner of
property described on Exhibit A, attached and incorporated herein, which will be platted
as Whistling Valley Second Addition.
3.00 Final Plat Approval. On the day of , 2004, the City Council approved the
final plat of Whistling Valley Second Addition, which is attached and incorporated as
Exhibit B. The City's approval was conditioned upon the Developer entering into this
Development Contract.
4.00 Terms and Conditions. NOW, THEREFORE, in reliance upon the representations
contained herein; in compliance with the City's Zoning and Subdivision Regulations; and
in consideration of the mutual undertakings herein expressed, the parties agree as
follows:
4.01 Developer Improvements. The Developer shall construct the following
improvements in compliance with plans and specifications which have been
reviewed and approved by the City's Consulting Engineer, which are attached
and incorporated herein as Exhibit C.
A. Site Grading and Turf Restoration. Site grading improvements shall
include common excavation, subgrade correction, embankment and pond
excavation. Turf restoration shall include seeding, mulching and erosion
control.
1. Site Grading Improvements shall be completed on or before the
1st day of November, 2004.
2. Turf restoration improvements shall be completed on or before the
31st day of July, 2005.
B. Landscaping. Developer shall complete all landscaping improvements on
or before the 31s1 day of July, 2005.
C. Storm Sewer. Storm sewer improvements include all necessary storm
sewers, catch basins, culverts, and other apparatus. Storm sewer
improvements shall be completed by the 1st day of December, 2004.
D. Street Improvements. Street improvements include subgrade
preparation, gravel base, bituminous surfacing and bituminous curb.
1. Unusable material within the roadway shall be removed by the
Developer.
2. All subgrade excavation and filling shall be completed by the
Developer in accordance with MNDOT's specifications. The City
reserves the right to test as necessary, at the Developer's
expense, all grading work. A test roll of the street subgrade shall
be passed prior to acceptance of the subgrade by the City.
3. Subgrade and the initial course of street improvements shall be
completed by the 30th day of November, 2004. The final wear
course of the street shall be completed by the lst day of
November, 2006.
E. Waste Water Treatment System. The waste water treatment system
comprised of a series of pipes, septic tanks, treatment ponds and
appurtenances shall be completed prior to the issuance of any certificates
of occupancy.
F. Street Sians. The City will order and install street signs. The Developer
shall pay for all costs incurred by the City.
4.02 Estimated Cost of Developer Secured Improvements. The estimated costs of
Developer constructed improvements are as follows:
Improvement Estimated Cost
Site Grading/Turf Restoration $ 346,500.00
Landscaping $ 150,000.00
Storm Sewer $ 120,500.00
Street improvements $ 212,800.00
Waste Water Treatment System $ 205,500.00
Street Signs $ 1,000.00
Subtotal $1,036,300.00
Total Security Required (125% of
Improvements) $1,295,375.00
4.03 Improvement Security. Prior to the City's endorsement of approval on the final
plat, the Developer shall deposit security with the City Administrator in an amount
equal to 125% of the City Engineer's estimate of the cost of constructing the
Developer secured improvements which have not been completed and accepted
by the City prior to final plat approval. The security may be in the form of a cash
escrow fund, a performance bond, or a letter of credit. The form of security shall
be approved by the City Attorney.
4.04 Reduction of Security. Upon completion of required improvements for the
Property and acceptance by the City, the City Council shall reduce the amount of
security for the completed improvements provided that in no case shall the total
remaining security be equal to less than 125% of the estimated costs of the
incomplete improvements.
4.05 Administrative Fees. Developer agrees to pay an administrative fee to the City in
an amount equal to 2% of the Developer's secured improvements. The
administrative fee for this project equals $20,726.00.
2
4.06 Utility Company Improvements. The utility improvements include underground
gas, electric, and telephone service as installed by the appropriate utility
company at the direction of the Developer. The Developer shall arrange for the
installation of underground gas, electric, telephone and cable television after the
first lift of asphalt is complete but before the final lift is started. Utility
improvements shall be completed by the 1st day of December, 2004.
4.07 Recording Requirements. Prior to the conveyance of any of the lots in Whistling
Valley Second Addition, and except as hereinafter provided, prior to the issuance
of any development permits, the Developer shall provide the City with evidence
that the following documents have been recorded.
A. Plat.
B. A Declaration of Covenants in a form approved by the City's Attorney.
The Declaration of Covenants shall include the following provisions:
1. Require the Homeowner Association to be responsible for the
Developer's obligations as contained in the appropriate
Conservation or Open Space Easement.
2. Require the Homeowner Association to maintain and operate the
waste water treatment system.
3. Require the Homeowner Association to maintain the landscaped
areas of Outlots A and F.
4. Provide that, in the event of a failure by the Homeowner
Association to satisfy the obligations defined in Section 4.07E and
its subdivisions of this Development Agreement, as determined by
the City's Consulting Engineer, the City may undertake such
obligations and assess all costs incurred to the Homeowner
Association.
5. Provide that any provisions in the Covenants relating to the
obligations defined in Section 4.07B and its subdivisions of this
Development Agreement may not be repealed or amended
without consent of the City.
C. Homeowner Association Articles of Incorporation.
D. A Conservation Easement over Outlots A, B, E and F, Whistling Valley,
Washington County, Minnesota to the Minnesota Land Trust, in a form
approved by the City Attorney.
E. A Conservation Easement over Outlots A, B, C, E, F and G, Whistling
Valley 2nd Addition, Washington County, Minnesota to the Minnesota
Land Trust in a form approved by the City Attorney.
4.08 Public Use Dedication. The Developer agrees to pay a public use dedication fee
in the amount of $55,720.00.
3
4.09 Inspection. Developer, through its Engineer, shall provide for competent full time
inspection during underground pipe construction and street construction. The
City Engineer shall make periodic visits to the site to insure that the Developer
and its contractor are in compliance with the terms of this Agreement. The City
Engineer shall be provided a minimum of 24 hours notice prior to the
commencement of underground pipe laying; and prior to subgrade, gravel base,
and bituminous surface construction. Developer's failure to comply with the
terms of this section shall permit the City Engineer to issue a stop work order
which may result in rejection of the work and which shall obligate the Developer
to take all reasonable steps, as directed by the City's Engineer, to insure that the
improvements are constructed and inspected pursuant to the terms of this
Agreement; and shall further result in the assessment of a penalty in an amount
equal to 1%, per occurrence, of the amount of security required in section 4.03 of
this Agreement.
4.10 Prior Land Occupancy. No Certificate of Occupancy shall be issued for any
homes until the first wear course of a public street is completed and approved by
the City Engineer. If homes are occupied prior to completion of street
improvements and acceptance by the City, Developer shall provide all
maintenance necessary for such streets including snowplowing, until final
acceptance by the City.
4.11 Binding Effect. The terms and provisions of this agreement shall be binding upon
and inure to the benefit of the heirs, representatives, successors and assigns of
the parties hereto and shall be binding upon all future owners of all or any part of
the Property. This Agreement, at the option of the City, shall be placed of record
so as to give notice thereto to any subsequent purchasers and encumbrancers of
all or any part of the Property and all recording fees, if any, shall be paid by the
Developer.
4.12 Notices. Whenever in this Agreement notice is required to be given by one party
to the other, such notice shall be delivered personally or shall be sent by certified
mail, return receipt requested to the following addressees. Such notice shall be
deemed timely given when delivered personally or when deposited in the mail in
accordance with this section.
If to the City:
Mr. Martin Rafferty
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
If to the Developer:
Mr. David Sorenson
Bald Eagle Development, LLC
4505 White Bear Parkway, Suite 1400
White Bear Lake, Minnesota 55110
4
4.13 Incorporation by Reference. All plans, special provisions, proposals,
specifications and contracts for the improvements furnished and let pursuant to
this Agreement shall be and hereby are made a part of this Agreement by
reference as if fully set out herein.
4.14 Default. The occurrence of any of the following shall be considered an "event of
default" in the terms and conditions contained in this Agreement:
A. Failure of the Developer to comply with any of the terms and conditions
contained in this Agreement.
B. The failure of the Developer to comply with any applicable ordinance or
statute with respect to the development of the Property.
4.15 Remedies. Upon the occurrence of any event of default, the City, in addition to
any other remedy which may be available to it, shall be permitted to do any of the
following:
A. City may make advances or take other steps to cure the default, and,
where necessary, enter the Property for that purpose. The Developer
shall pay all sums so advanced or expenses incurred by the City, upon
demand, with interest from the dates of such advances or expenses at
the rate of 10% per annum. No action taken by the City pursuant to this
section shall be deemed to relieve the Developer from curing any such
default to the extent that it is not cured by the City or from any other
default hereunder. The City shall not be obligated, by virtue of the
existence or exercise of this right, to perform any such act or cure any
such default. The Developer shall save, indemnify, and hold harmless,
including reasonable attorney fees, the City from any liability or other
damages which may be incurred as a result of the exercise of the City's
rights pursuant to this section.
B. Obtain an Order from a Court of competent jurisdiction requiring the
Developer to specifically perform its obligations pursuant to the terms and
provisions of this Agreement.
C. Exercise any other remedies which may be available to it including an
action for damages.
D. Withhold the issuance of any or all building permits and/or prohibit the
occupancy of all building(s) for which permits have been issued.
E. In addition to the remedies and amounts payable as set forth herein, upon
the occurrence of an event of default, the Developer shall pay to the City
all fees and expenses, including reasonable attorney, engineering and
consulting fees, incurred by the City as a result of the event of default,
whether or not a lawsuit or other action is formally taken.
[SIGNATURES BEGIN ON FOLLOWING PAGE]
5
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be
executed as of the date and year first above written.
CITY OF LAKE ELMO,
a Minnesota statutory city
Lee Hunt, Mayor
ATTEST:
Martin Rafferty City Administrator
STATE OF MINNESOTA )
ss.
COUNTY OF
On this _ day of , 2004, before me, a notary public within and for said
county, personally appeared Lee Hunt and Martin Rafferty, to me known to be respectively the
Mayor and City Administrator of the City of Lake Elmo, and they executed the foregoing
instrument and acknowledged that they executed the same by authority of and on behalf of City
of Lake Elmo.
Notary Public
[SIGNATURES CONTINUED ON FOLLOWING PAGE
REMAINDER OF PAGE INTENTNIONALLY LEFT BLANK]
6
BALD EAGLE DEVELOPMENT, LLC
By:
STATE OF MINNESOTA )
ss.
COUNTY OF
David W. Sorenson
Its: Chief Manager
On this _ day of , 2004, before me, a notary public within and for said
county, personally appeared David W. Sorenson, to me known to be the Chief Manager of Bald
Eagle Development, LLC, a Minnesota limited liability company, and he executed the foregoing
instrument and acknowledged that he executed the same by authority of and on behalf of the
company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
PETERSON, FRAM & BERGMAN, P.A. (JPF)
50 East Fifth St., #300
St. Paul, MN 55101
(651) 291-8955
[SIGNATURES PAGE TO DEVELOPMENT AGREEMENT— PHASE II]
F:\usersUanice\Jerry\LE\Bald Eagle - Phase E\Bald Eagle Development Agreementdoc
7
100.00
202.20 DRAINAGE
WHISTLING VALLEY 2ND ADDITION
i A I<'r r-I F el, ", r' Ir'\ A
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3 of 4
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0
THE ORIENTATION OF THIS BEARING SYSTEM
IS BASED UPON THE WASHINGTON COUNTY
COORDINATE SYSTEM, NAD 83.
1T
20546
4
/
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r
EASEMENT
234,40
Point 133 Fl.Weslerly of -'
the East line of Section 27.A
0 DENOTES A FOUND 7/8 INCH DIAMETER RERAR WITH AN
ALUMINUM CAP INSCRIBED "WASH C9 SURVEYOR RIGHT
OF WAY MON" AND STAMPED "RLS 12279"
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DENOTES DEDICATED ACCESS CONTROL
• DENOTES FOUND IRON PIPE.
DENOTES A 1/2 INCH BY 14 INCH IRON PIPE MONUMENT
0 MARKED R.L.S. N0. 18213 THAT 'MIL BE SET WITHIN ONE
YEAR OF THE RECORDING OF THIS PLAT.
5
0
a
f1
10TH STRcn
ro
INTERSTATE HYW 94
SEC 27, T 29, N 21
WAS-01070N 0001112, MINNESOTA
VICINITY MAP
NO SCALE
DRAINAGE AND UTILITY
EASEMENTS SHOWN THUS:
.
�j50O_I
10,00 i I fio010.00
NOT TO SCALE I
BEING 5 FEET IN WIDTH AND ADJOINING
510E LOT LINES, AND 10 FEET IN WIDTH
AND ADJOINING STREET LINES AND REAR
LOT SIN
fl
E% UNLESS OTHERWISE SHOWN
EIVED
JUL 1 7 F(zy
GRAPHIC SCALE
120
( IN FEET )
1 Inch = 60 fL,
REHBE(IN cot
SHEET 2 OF 4 SHEETS
WETLANDS DELINEATED DY POLARIS GROUP INC.
1'
.---.Match Line
See Sheet
4 of 4
WETLAND
g
580'2046-E ; i
2
IS BASEDNUPONNTOF THIS HHE WASHINGTONIBEARING SYSTEM
COORDINATE SYSTEM. NAD B3.
WETLANDS DELINEATED BY POLARIS GROUP INC.
N\ \N
N
tO
\ \
--- Match Line
See Sheet
2 of 4 1`
WHISTLING VALLEY 2ND ADDITION
PA
3
North Line of 5E 1/4 of SE I/4, Sec. 27
Outlot F
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DRAINAGE AND UTILITY
EASEMENTS SHOWN THUS:
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10.00
L5.00 10.00
I NOT TO SCALE I
GEM 5 FEET IN W1 if! AND ADJOINING
SIDE LOT LINES. AND 10 FEET IN WIDTH
AND LINES UNLESS ET OTHEPINSE SHOWNAR
ON THIS FLAT,
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O MARKED R.L.5. N0. 18213 THAT WALL BE SET 101HIN ONE
YEAR OF THE RECORDING OF THIS PLAT.
(0EE0) DENOTES DEED DIMENSIONS PER DOC. NO, 338329
See Sheet
4 of 4
li
Lake Elm,
gec l_„
T.
VICINITY MAP
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GRAPHIC SCALE
Jr mini
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4
A A
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Outlot A'
DRAINAGE AND UTILITY EASEMENT
i WETLAND
Match Line
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10T11 STRUT NORTH (C.S.A.H. N0.10)
378.4
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THE ORIENTATION OF THIS BEARING SYSTEM
15 BASED UPON THE WASHINGTON COUNTY
COORDINATE SYSTEM. NAD 63.
)0.p0 ..- ...
N00'00 54"s A
r.;
WHISTLING VALLEY 2ND ADDITION
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• DENOTES FOUND IRON PIPE.
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Match Line
See Sheet ......
3 of 4 11
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SE Cora Sac. 27, T. 29, R. 21.—"
DENOTES DEDICATED ACCESS CONTROL
c
a
Lake Elmo
Regional 5
b
,111
115
10TH STREET N.
INTERSTATE HYW 94
SEC 27, T 29. N 21
WASHINGTON WJNTY, MINNESOTA
VICINITY MAP
16 SCALE.
DRAINAGE AND UTILITY
EASEMENTS SHOWN THUS:
10.00
5.00 —I
i 5,wr1o.DD
I NOT TO SCALE
BEING 5 FEET IN 1MDTH AND ADJOINING
SIDE LOT UNES, AND 10 FEET IN WIDTH
AND ADJOINING STREET LINES AND REAR
LOT THNSE% UNLESS OTHERWISE SHOWNPLA
GRAPHIC SCALE
( IN FEET )
1 !nob - 60 ft.
If
WETLANDS DELINEATED BY POLARIS CROUP INC,
DENOTES A 1/2 INCH BY 14 INCH IRON PIPE MONUMENT
0 MARKED R.L.S. NO, 1E3213 THAT WILL BE SET WITHIN ONE
YEAR OF THE RECORDING OF 111IS PLAT.
REHBEIN
SHEET 4 OF 4 SHEETS
FINAL CONSTRUCTION DRAWINGS FOR WHISTLING VALLEY 2ND COITION
,
SHEET INDEX
SHEET 1
SHEET 2
SHEET 3
SHEET 4
SHEET 5
SHEET 6
SHEET 7
SHEET 8
SHEET 9
SHEET 10
SHEET 11
SHEET 12
GRAPHIC SCALE
NP No
sams
( IN met )
1 Inch - 100 IL
LOTH ST N
i
LAKE ELMO
SITE
TITLE SHEET
SANITARY SEWER PLAN & PROFILE FOR WHISTLING VALLEY ROAD
SANITARY SEWER PLAN & PROFILE FOR WHISTLING VALLEY ROAD
STORM SEWER AND STREET PLAN & PROFILE FOR WHISLTING VALLEY
STORM SEWER AND STREET PLAN & PROFILE FOR WHISTLING VALLEY
STORM SEWER AND STREET PLAN & PROFILE FOR WHISTLING VALLEY
STORM SEWER PLAN & PROFILE
STORM SEWER PLAN & PROFILE
STREET PLAN
STREET INTERSECTION AND TURN LANE PLAN
DETAIL SHEET
DETAIL SHEET
UTILITY LEGEND
PROPOSED
PROPOSED
PROPOSED
PROPOSED
PROPOSED
SANITARY SEWER > > >
SANITARY SEWER STRUCTURE 0
STORM SEWER .> - » >:-
STORM SEWER CB IT DENOTED BY CB#
STORM SEWER CBMH fll DENOTED BY CBMH#
ROAD
ROAD
ROAD
Outlet B
REVISIONS
8Y)
N.
1 /
1 HERESY CERTIFY MAT MIS
PLAN CA SPEMFlCATON WAS
PREPARED BY ME 00 UN000
SU
MY 010001 SUPENN900 AMP
THAT 1 AM A DULY 000ST0HE0
PROFEUNDER 14NAL S OF 1R
STATE 1HE LAWS OF 1NE
STATE OF HINNESOTA
W.A.T. M our Y
110.2amly
7
i
D RL 4
WATM I
07/223/04
YERtIA NE ALE l!pm; I
do° NO.
03520
BOOR PAGE
SHEET
CONTRACTOR: GLENN REHBEIN CO.
PR OJECT#: 04025 / \ OF 12 sums,/
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2004-033
A RESOLUTION APPROVING THE OP DEVELOPMENT STAGE PLAN,
CONDITONAL USE PERMIT, AND PRELIMINARY PLAT OF
WHISTLING VALLEY 2ND ADDITION
WHEREAS, Dave Sorenson of Bald Eagle Development and Elzabeth Minor
have made application for a Preliminary Plat to create eighteen residential building lots
and three outlots on a parcel of 45.03 acres. The property is generally located northwesterly
of Keats Avenue and 10s' Street, southerly and adjacent to Lake Elmo Park Reserve, and easterly
of WHISTLING VALLEY, and is legally described as follows:
That part of the East One-half of the Southeast Quarter of Section 27, Township 29,
Range 21, Washington County, Minnesota, being further described as follows:
Commencing at the East Quarter corner of said Section 27, thence South 0 degrees 42
minutes 48 seconds East (basis of bearings is the Washington County Coordinate System,
South Zone) along the East line of said Section 27 a distance of 1318.00 feet; thence
South 89 degrees 11 minutes 43 seconds West 33.00 feet to the point of beginning;
thence South 0 degrees 42 minutes 48 seconds East parallel with said East Line 598.00
feet; thence South 89 degrees 11 minutes 49 seconds West 660.00 feet; thence South 0
degrees 42 minutes 48 seconds East 660.00 feet, more or less, to a point distant 60 feet
northerly of the South line of said Section 27; thence South 89 degrees 11 minutes 49
seconds West along a line 60.00 feet northerly of and parallel with the South line of said
Section 27 a distance of 247.09 feet; thence North 0 degrees 48 minutes 11 seconds West
10.00 feet; thence South 89 degrees 11 minutes 49 seconds West along a line 70,00 feet
Northerly of and parallel with said South line a distance of 378.33 feet to its intersection
with the West line of the said East One-half of the Southeast Quarter of Section 27;
thence along said West line North 0 degrees 42 minutes 43 seconds West 1908.76 feet;
thence North 89 degrees 11 minutes 40 seconds East 1185.33 feet, more or less, to a point
133 feet Westerly of the East line of said Section 27; thence South 0 degrees 42 minutes
48 seconds East along a line of 133.00 feet Westerly of and parallel with said East line a
distance of 660.82 feet; thence North 89 degrees 11 minutes 43 seconds East 100.00 feet,
more or less, to the point of beginning.
WHEREAS, at its April 12, 2004 meeting, the Planning Commission reviewed
and unanimously recommended approval of this application to plat a 45.03 acre parcel as
a residential development of 18 building lots and three outlots.
WHEREAS, the Preliminary Plat of WHISTLING VALLEY 21\1D ADDITION
was presented to the City Council at its April 20, 2004 City Council Meeting where the
following Findings were made:
1. The OP Development Stage Plan is consistent with the Lake Elmo
Comprehensive Plan and the approved OP Concept Plan.
2. The OP Development Stage Plan complies with the documentation
requirements and standards of the OP Ordinance, except as noted.
3. The Preliminary Plat complies with the documentation requirements and
standards of Section 400 of the City Code (Subdivision).
NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of
Lake Elmo does hereby approve and accept the Preliminary Plat of WHISTLING
VALLEY 2ND ADDITION, per plans that staff dated April 15, 2004, and April 6, 2004,
as the same on file with the City Administrator, based on the following Conditions:
1. The Plat/Plan shall be modified to increase the area of Lot 3, Block 1 to
not less than .75 acres.
2. Compliance with the recommendations of the City Engineer, City
Attorney, and those of the Valley Branch Watershed District and
Washington County that are found by the City to be reasonable and
proper.
3. The applicant shall secure agreement from Washington County regarding
any private trail access to County right-of-way, prior to submission of the
Final Plat.
4. The Applicant shall include a clause in the Covenants for this project
notifying prospective purchasers that Conditional Use permits (CUP) exist
in the vicinity of Whistling Valley 2"d addition, including, but not limited
to Hammes Mining, Linder's Greenhouse, Oakdale Gun Club, and an
airstrip for small aircraft.
ADOPTED, by the Lake Elmo City Council on the 20th day of April 2004.
.2/61
Lee Hunt, Mayor
ATT ST:
�0Z
Charles E. Dillerud, Acting City Administrator
Owner & Developer
Bald Eagle Development
4505 White Bear Parkway White
Bear Lake, MN 55110
PRELIMINARY PLAT OF:
WHISTLING VALLEY 2ND ADDITION
Thetpea ofMeBast 33 Ofde Soothers; Qontetof9.E®27, ToeasWp 29, 032021, 7174P2 2 Cmmty Mhm=nlo0baag ga@era05 Bed rs
Commemiog o WeEaatQuist¢comer ofaSec on 27;thaae Sat. 0 degteea 42=Mahe 46 mmadtEsso(b®safbeadop¢iaeie Waaiaopo® Cmmy Comte*
System Sin02ae) elmgahs PsatEaoofnid8ectirm ,edi oof131g00SPE those South°rees 11 miouh{43 ¢aimde West31E0feeeba0epaiatof
begmmrp thence South 00ge=42 mmomz 48 aec®ds Eertp®Otlwhh.afd BELLS 59220 fecptbeace gedb 29@gys 11 midslas451secoodelEax660.00
feat thence Soak deseees42 vabottes.18 freoardsEest660.00 &Promo ulea,bepobe dirom60*door0alyof11PS2ab1111eof867Seatieo27;PomoeeooW
89 degree.1l marrdu49 seconds {Pedalongarme 60110 fed o0Alolymsod pmlfelwith to South tire ofseid&ecdoo27,4dol®ce 0E247.096xa1heaceNwth0
daze =40 minks 11 Saewdswest 10.00 fee; 0aaee Southe9 degrees 11 mbmt=49 wand. Wedeielgline70.00frdNmfhely ofesdperegelveit air South
lima d'ss.a af37233 feetto W id®eaonvdththe W=t0ve amid past%aftba 8wPo=CQoenoofSwam 27:0ace aWnkseid Wed BoeNMh Odessa 42
mtrtes43 sewed.West190L76 Bac*ace North 89 despots 31 mmoas 40a00990, fast 110533feet mom=hose b a pomt133 Pet WassdyoftheSest of
seidSet0on27-thence South 0degm=42piusrtes48 seconds East elm slime of133.00 feat Weomtyo6 eedperelelh9h®dE lisea clomp. anti= BPS
theseNodh89 degree 111voro43 ;.roadflea 100.001=4tmme.rims bathe pointofYg'voNog.
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=3, 117 =.
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- is 1 I'I i I }� '•:.::.G% •r>:L.::.�i �. :F,4•'\'•p•.:!;.
fill
__- - / ea7ai�\ z-Se--_-_ rm9snocw
21i0g'__- -y_-.a
- - - / "- -- -- 1� 4-i - South Line rit SE 1,/4, Sec. 27
ri_=cam RCA-
FiCr-d _s--Ali.rz
--'- 01
Zoning Setbacks
Present Zoning Agricultural
Proposed Zoning OSP
Rear Setback
Sideyard Setback
30 (from R/W)
15 Ft. or 10%
of Lot Width
eEPRx45 SHOWN ARE ON AN ASSUME. DANK ,W p- yga
I hereby certify ea this onvey, plan or report was prepared
by me or older my Grect supervision and Mot I an, a duly
Registered Land Surveyor under the laws of the Stole d
lannpoto
Dated 0h _day .1_2004. By
Mon. Ren. No. 19213
Site Breakdown
Total Gross Area
Juisdictdonal wetlands
25%+ Sloped Area
Existing ROW
Total Buildable Area
d P holy q t
Public Road Right 0f Way
L.F. of Public Right Of Way
LF. Trails
/
e/ /
once
i 1
n 941.
CONe
45.03 Acres
0.67 Acres
0.23 Acres
0.00 Acres
44.13 Acres
4.48 Acres
3,712 L.F.
4,894 LF.
02.0
940
acres
II 1(9 lid
I Y )1
•
W '.otruot
1.00 acres /
N IXIE ) 043
••/
' 0.13 a=
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3158 o ea 1
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Mita
LAKE ELMO, MINNESOTA
II
Leaend
--"a--Denotes Existing Contours
a 00a0 Denotes Existing Elevation
Denotes Flow Direction
W Denotes Proposed Elevation
Denotes Wooded Area .
tie• Denotes 2SX+ Sloped Area
Denotes Washington County
Cast Iron Monument
Proposed Develaoment
Total Residential Area 16.78 Acres
Total Preserved Open Space 24.01 Acres
(Incl. Ponds, Wetlands.
Woodlands and Septic)
Preserved Open Space
Required (50% of 44.80) 22.40 Acres
Outlet Area (For Septic) 3.68 Acres
Total Residential Lots = 18
(45.03Ac - 0.23Ac = 44.80Ac
Notes 44.80Ac • 16lnts/40Ac = 17.92 Lots)
1. 2 FOOT CONTOUR INTERVAL Smallest Residential Lot = 0.73 Acres
2. N.G.V.D VERTICAL DATUM Largest Residential Lot = 1.31 Acres
3. TOTAL AREA = 45.03 AC. Outlote = 7 Total (A-0)
W � W IA0E NNW 94
SEC. 27.TV.030
Wa51mb:NN CCUen'. Mm4NTA
VICINITY MAP
No Neat
Tvelcal Sipple ramily Lot
l
AR'
J'15 rf. r.'I 15Fft
e -y -
Street
GRAPHIC SCALE
( Al p5E1 )
1 Inch -fo0 fL
Lake Elmo
City Council
August 4, 2004
Agenda Section: CITY ADMINISTRATOR'S REPORT No. 11. A
Agenda Item: New Public Facilities: City Hall, Public Works Facilities and Possible Fire Station
Backeround Information for August 4. 2004:
Responding to experienced and expected future growth, the City of Lake Elmo has contracted for,
developed and completed planning studies for public facility needs, staffing needs and overall property city
land development. Planning work completed supports the existing character of Lake Elmo and anticipates
desired development maintain the character of the community into the future.
At the Council meeting a presentation for a new City Hall, Public Works and potential Fire facility will be
discussed. A number of options have been evaluated over the last year, by the Facilities Committee and. the
City Staff.
Two options have been identified and selected. Enclosed for your review for your review and consideration
is supporting documentation for the options. The identified options anticipate public facility space needs
for today and the future and include costing for each of the options. As shown in the financial analysis
attached, the Park Site location provides a savings of approximately $1,000,000 over the Brookfield
location. Adding the new Fire Station component on at that location as proposed will add an approximate
$800,000 to the Park Site location.
The Park Site location also anticipates, incorporates and encourages the planning work completed for the
"Old Village Area". Focusing the anticipated public investment for the needed public facilities at the Park
Site location will facilitate implementation of the "Old Village Plan".
Person responsible:
Action Items:
Martin Rafferty
Motion endorsing Council selected option.
Attachments:
Sites Plans for the Brookfield Site and the Park Site.
Financial comparisons of presented options.
.tt •.nt 3 t4aAv-7
- EXISTING BASEBALL DIAMOND AND
PARK SITE CENTRAL TO LAKE ELMO.
- PROPERTY ALREADY OWNED BY THE
CITY OF LAKE ELMO.
• CITY HALL/PUBLIC WORKS CAMPUS
IN THE HEART OF THE OLD VILLAGE.
• SITE WITHIN WALKING DISTANCE TO
RETAIL AND RESIDENTIAL
NEIGHBORHOOD.
• OPPORTUNITY FOR A TOWN SQUARE
CITY CAMPUS CENTER IMAGE.
OPPORTUNITY TO CONNECT TO
LARGER DRAINFIELD OFF SITE
NEARBY.
• OPPORTUNITY TO SHARE RAINWATER
RUNOFF COLLECTION WITH LARGER
AREA.
OPTION TO INCLUDE NEW FIRE STATION
AS PART OF THIS CAMPUS.
• POSSIBLE FUNDING ASSISTANCE FROM
STATE ON STREET RECONSTRUCTION.
- OPPORTUNITY TO CONVERT CURRENT
FIRE STATION INTO LIBRARY WITH
PARKING.
LAKE'GLMO CITY HALL
CAMPUS MASTER PLAN
EXISTING PARK SITE
July 27i 2g134._
TKDA
(NGINEENS • AIVE F[EGTS• PI AMENS
CITY OF ►SAINT PATJL
kes
July 12, 2004
Dear Colleagues:
Over the past several years we have all come to learn a great deal more about the public
health dangers of second-hand smoke. This accumulated body of scientific knowledge
certainly justifies us revisiting our smoking policies on a local, regional, and statewide
basis.
In fact, within the last few years and in the face of this mounting evidence regarding the
harm from second-hand smoke, a handful of Minnesota local governments have
considered and implemented smoking ordinances. More recently, a statewide smoking
ban was considered at the State Legislature and many of our own colleagues in
surrounding communities have engaged in discussions about the best way to impose local
restrictions on smoking.
Last week a group of local elected officials met to discuss the value of a regional,
coordinated effort to restrict smoking. Our meeting brought agreement to share
information about various approaches with local officials in the seven -county area. Our
meeting also brought agreement that a regional approach to regulating smoking makes
sense from both a public health and an economic standpoint. With a regional approach,
we can set aside the false choice of health versus economics that is presented when one
local jurisdiction tries to regulate commerce on its own. The people of our region
deserve no less.
To that end, we have enclosed for your review some background materials outlining the
various approaches taken by other communities here in Minnesota and throughout the
country. We have also enclosed a few specific ordinances for your use in discussion in
your own communities.
Whether you are just beginning to wade into this issue, or have already begun
deliberations, we ask that you share your thoughts and ideas with us. In addition to the
work taking place locally and statewide, we truly believe a regional network and
implementation structure will help make this effort a success for everyone.
Please do not hesitate to contact one of us if you have a question, or want to participate in
a regional discussion. For our residents, visitors, business owners and employees in our
communities, we will continue to work to find the best solution to this problem.
Sincerely,
Randy C. Kelly
Mayor of Saint Paul
15 West Kellogg Boulevard
390 City Hall
St. Paul, MN 55102
651-266-8510 (Office)
Email -- randv.kellvQci.stnaul.mn.us
Gail Dorfman
Hennepin County Commissioner
A-2400 Government Center
Minneapolis, MN 55487-0240
612-348-7883 (Office)
Email: tail.dorfmanna.co.hennenin.mn.us
Susan Haigh
Ramsey County Commissioner
Room 220 Court House
15 W. Kellogg Blvd.
St. Paul, MN 55102
651-266-8364 (Office)
Email: Susan.M.Hainheco.ramsev.mn.us
Scott Benson
Minneapolis Councilmember
350 South Fifth Street
307 City Hall
Minneapolis, MN 55415
612-673-2211 (Office) -^ -
Email — scott.benson@.ci.minneanolis.mn.us
Kathleen A. Gaylord.....
Dakota County Commissioner
1590 HWY 55
Hastings, MN 55033
651-438-4428 (Office)
Email -- kathleen.uavlord(Tco.dakota.mn.us
Sampling of Smoking Ban Ordinances
Summatybfaart
Duluth
Source: City Administrator
and Police Lieutenant in
charge of enforcement
Olmsted County
Source: Director, Olmsted
County Environmental
Health
Madison, WI
Source: Director, Madison
Health Department
The current ordinance prohibits smoking in
restaurants and most public spaces. Bars,
defined as any facility with a liquor license
and limited menu, allow smoking. Bars that
are physically separated from an attached
restaurant by walls and with separate
ventilation systems can have smoking. The
ordinance is currently under review and most
likely will be amended to a total smoking
ban, no exceptions.
Effective January 1, 2002. Ban follows a
50/50 formula — any establishment (this
includes bowling alleys, private clubs, etc)
with liquor sales over 50% is considered a
"bat" and allows smoking, any establishment
with liquor sales under 50% is considered a
"restaurant" and is non-smoking.
Restaurants with bars must be physically
separated and have a separate ventilation
system to allow smoking. Restaurant bars
then given a separate license with charge of
$196. 86% of establishments are smoke
free. There are 44 establishments where
smoking is allowed.
Smoking ban in kitchen and dining areas
only of multi -purpose facilities. Gives the
Rochester City Council authority to grant
smoking exemptions to convention center for
events. No current plans to amend
ordinance.
Currently, no smoking in bars and
restaurants that have alcohol sales of 50%
and less. A separately ventilated area (solid
walls that totally separate a smoking area) in
a restaurant or bar is an exception to this
ban. Can smoke in facilities with alcohol
sales over 51 %. There are 122
establishments where smoking is allowed.
This will change on July 1, 2005 when a total
no smoking ban will take effect. Madison
already had a smoking ban in the work place
and many other common public areas.
_Enforcement Agency
Police Department — 1
Police Officer
(Licensing Officer)
Environmental Health.
Distributed among 3
FTE's on top of current
work load.
Environmental Health in
Olmsted County
licenses bars and
restaurants. These
inspectors are
responsible for smoking
enforcement.
Health Department.
Distributed among 8
FTE's with 1 FTE
dedicated full time to
enforcement.
-Time Frame to ; Regular;; =' Fine/Penalty,. # of Complaints'/
infgni •Inspectldns/ Crv71/Criminal #'of Establishments^
Estabhshmepts,,, Complaints Establishments/People
30 days Complaints only. Up to $700 20 complaints, 6
tickets, 14 warnings
Civil Fine
Unknown.
30 days, although
the County spent
one year with 30
public hearings
developing the
ordinance
Each restaurant
and bar were
visited before ban
for education.
Current ban was
effective
immediately upon
passage. Total
ban, which will be
in effect as of July
1, 2005, has been
publicized for over
a year.
Complaints only.
Complaints and
annual
inspections for
no smoking
signage,
ashtrays and
other smoking -
related items.
Establishments only
Petty Misdemeanor
according to state law
Civil Fine
Establishments and
People — establishments
are subject to penalty if
they do not take action
to discourage smoking
(ashtrays, failing to ask
smokers to stop, etc).
People are subject to
"disorderly conduct"
fines if caught smoking.
$125 first offense, $500
second and subsequent
offenses. Citations
issued after 3"'
complaint.
Civil Fine
Establishments,
although effective July 1,
2005 people can also
be fined.
3 Complaints in 2003
272 Establishments
The County has
never issued a fine
due to this
ordinance.
Average 16 per week
(832 annual), includes
not just people caught
smoking but, also,
improper signage,
ashtrays, etc.
800 Establishments
5
St. Paul (proposed)
Source: License Director.
The proposed ordinance prohibits smoking in
all restaurants, pool halls, bowling centers,
and all licensed liquor establishments, and
• Establishments must post "no smoking"
signage in conformance with the MN
Clean Indoor Air Act Rules
• Proprietors must ensure that ashtrays,
lighters, and matchbooks are not
provided
• Establishment must inform any smoker of
the prohibition, and then eject that person
from the premises If the smoker refuses
to comply.
New York City The current ordinance prohibits smoking in
Source: Supervisor, Health most public spaces. They have a waiver
Department process but the Administrator stated that
process was cumbersome and confusing.
Boston, MA
Source: Supervisor, Public
Health Commission
The current ordinance prohibits smoking in
all businesses that have employees. This is
a total ban with no waivers or exceptions.
Campaign: "Clean Air Works."
Anticipated that the Unknown
Police Department will
enforce although the PD
has not yet committed to
this.
The Inspections and
Environmental
Protection (LIEP)
department rejected
enforcement
responsibilities citing
overtime budgetary
issues.
Center for
Environmental Health
Public Health
Commission
Hired 4 part-time
temporary staff for 6
months for 3 months
education and 3 months
enforcement.
6 - 8 month
education period
6 months for
education with a
$92,000 education
budget
Complaints only. $300 for the first
violation, and a $1,000
fine for each day of
violation thereafter
Civil Fine
Establishments only
Complaints only. $100-$1000
Regular
Inspections and
Complaints.
Each restaurant
and bar were
visited before
ban for
education.
Civil Fine
Establishments only
Larger fine given if
establishment is
"participating" in
smoking (i.e. bartender
or waiter smoking on
premises).
$100-$1000
Civil Fine
Establishments only
Undetermined at this
time.
Exact Numbers not
available.
Complaints high the
first two months then
tapered off.
First month 50 than
an average of 15
each month after (180
annually).
1,900 locations
6
CIms-eof Court
5m.o\c-.pc- Res -tom
Resolution No. 01-102
WHEREAS, non-smoking sections in buildings do not eliminate non-smokers'
exposure to second-hand smoke (U.S. Environmental Protection Agency Office
of Air and Radiation IARC Scientific Publications 81:25-41, 1987); and
WHEREAS, carcinogens found in Environmental Tobacco Smoke (ETS) are
causally related to cancer. It is estimated that every year 3,000 non-smokers in
the U.S. die of lung cancer related to ETS (60 deaths in MN). To date, over 50
substances in second-hand smoke have been identified as carcinogens. (U.S.
Department of Health and Human Services; Health Effects of Exposure to
Environmental Tobacco Smoke, 1999); and
WHEREAS, annually between 35,000 and 62,000 non-smokers die in the U.S.
(700 to 1,240 deaths in MN) from Ischemic heart disease related to ETS (U.S.
Department of Health and Human Services; Health Effects of Exposure to
Environmental Tobacco Smoke, 1999); and
WHEREAS, each year 9,700 to 18,600 low birth weight babies born in the U.S.
(190 to 370 in MN) are causally related to ETS (U.S. Department of Health and
Human Services; Health Effects of Exposure to Environmental Tobacco Smoke,
1999); and
WHEREAS, annually between 1,900 and 2,700 deaths from Sudden Infant Death
Syndrome (SIDS) occur in the U.S. (30 to 50 deaths in MN) related to ETS (U.S.
Department of Health and Human Services; Health Effects of Exposure to
Environmental Tobacco Smoke, 1999); and
WHEREAS, irritants in ETS cause 150,000 cases annually of bronchitis and
pneumonia (3,000 cases in MN). Irritants also cause 700,000 cases annually of
middle ear infections in children in the U.S (14,000 in MN) (U.S. Department of
Health and Human Services; Health Effects of Exposure to Environmental
Tobacco Smoke, 1999); and
WHEREAS, a review of 2000 children in Olmsted County has shown an average
of 17.3% having asthma, which is 2.5 times the national average (study
conducted by Dr. Barbara Yawn, Olmsted Medical Center researcher). Asthma
that becomes worse due to ETS occurs in 400,000 children annually in the U.S.
(8,000 children in MN) (U.S. Department of Health and Human Services; Health
Effects of Exposure to Environmental Tobacco Smoke, 1999); and
WHEREAS, ETS rapidly diffuses throughout a room. Using indoor air quality
standards, ventilation rates would have to be increased more than a thousand-
fold to reduce cancer risk associated with ETS. Such ventilation rate would
result in a virtual windstorm indoors (Repace, J. "Risk Management and Passive
Smoking at Work and at Home," St. Louis University Public Law Review, 13(2):
763-785, 1994); and
WHEREAS, the U.S. Department of Health and Human Services Healthy People
2010 has as one of its objectives to cut exposure to ETS by non-smokers from
65% in 1994 to 45% in 2010 (U.S. Department of Health and Human Services
Healthy People 2010, Washington D.C., U.S. Department of Health Human
Services 2000); and
WHEREAS, sitting in a smoke -free section of a restaurant for two hours is like
smoking 1'% cigarettes (Presentation by Katherine Hammond, PhD, University of
California School of Public Health); and
WHEREAS, nine out of ten non-smokers are exposed to ETS at least once every
2 to 3 days (Journal of the American Medical Association, January 1998); and
WHEREAS, Minnesota Statute § 145A.04 establishes the powers and duties of a
Board of Health to enforce ordinances related to public health for the territory
within its jurisdiction; and
WHEREAS, Minnesota Statute § 145A.05 authorizes a County Board to adopt
ordinances to regulate actual or potential threats to the public health and to
define public health nuisances and to provide for their prevention; and
WHEREAS, after due public notice a hearing was held on November 13, 2001,
by the Olmsted County Board of Commissioners, pursuant to Minnesota Statute
375.51.
NOW, THEREFORE BE IT RESOLVED, that the Olmsted County Board of
Commissioners as the Public Health Board for Olmsted County adopts the
"Olmsted County Smoke -free Restaurant Ordinance", as on file in the County
Administrator's office, on this 13th day, of November, 2001
Dated: November 13, 2001
BOARD OF COUNTY COMMISSIONERS
Jean Michaels, Chairperson
ATTEST:
Richard G. Devlin, Clerk -Administrator
RESOLUTION NO. 01-102
The County Board of the County of Olmsted, Minnesota, ordains:
SECTION A. Title:
This ordinance shall be known and referenced as the Olmsted County Smoke -free
Restaurant Ordinance.
SECTION B. Jurisdiction:
Subd. 1. As provided in MN Statute§145A.05, this ordinance applies throughout all
of Olmsted County, including the municipalities therein.
Subd. 2. As provided in MN Statute §145A.04, the Community Health Board is
authorized to enforce laws, regulations, and ordinances within its jurisdictional area.
Subd. 3. Nothing in this ordinance shall prevent other local levels of government,
within Olmsted County, from adopting more restrictive measures to protect citizens
from second-hand smoke.
SECTION C. Definitions:
Subd. 1. Definitions in this ordinance pertain only to this ordinance.
Subd. 2. Bar. "Bar" shall mean any establishment that a) has an on -sale 3.2 percent
malt liquor license issued pursuant to Minn. Statute § Section 340A.403; or an on -
sale intoxicating liquor license issued pursuant to Minn. Statute § Section 340A.404;
and b) whose sales of beer, malt liquor, and intoxicating liquor is projected for an
initial licensee to be - or is demonstrated for an existing licensee to be - more than 50
% (percent) of the total of net sales of food and beverages, after taxes that are
served in the bar, These are the sales reported to Federal and/or State Revenue
Authorities from the most recent liquor licensing year. However, sales for service to
customers in a separately licensed business shall not be included as part of the total
net sales for an establishment seeking this "bar" classification.
Subd. 3. Establishment. "Establishment" means the portion of a building, including
the infrastructure, that is typically reviewed, assessed, inspected, and included as
part of the plan review, licensing, and monitoring processes of food and/or beverage
facilities by the applicable public health licensing authorities. It also includes, in the
case of multi -purpose buildings and rooms and for the purposes of this ordinance,
those portions of the building that are being used for food and/or beverage services
during an event.
Subd. 4. Other Person in Charge. "Other Person In Charge" means the agent of
the proprietor authorized to perform administrative direction to, and general
supervision of, the activities within a public place at any given time.
Subd. 5. Private Club. "Private Club" shall mean an incorporated organization
organized under the laws of the state for civic, fraternal, social, or business
purposes; for intellectual improvement, for promotion of sports, or for a
congressionally chartered veterans' organization, which:
a. a. has more than 50 members; and
b. b. has owned or rented a building or space in a building for more than one
year that is suitable and adequate for the accommodation of its members;
and
c. c. is directed by a board of directors, executive committee, or other similar
body chosen by the members at a meeting held for that purpose. No
member, officer, agent, or employee shall receive any profit from the
distribution or sale of beverages to the members of the club, or their guests,
beyond a reasonable salary or wage fixed and voted upon each year by the
governing body; and
d. d. does not restrict its membership on the basis of race, color, creed,
religion or national origin.
Any private club's exemption from the smoke -free provisions of this ordinance does
not apply when such organization is established to avoid compliance with this
Ordinance.
Subd. 6. Proprietor. "Proprietor" shall mean the party, regardless of whether or not
the party is owner or lessee of the public place, who ultimately controls, governs, or
directs the activities within the public place. The term does not mean the owner of
the property, unless the owner ultimately controls, governs, or directs the activities
within the public place. The term "proprietor" may apply to a corporation as well as
to an individual.
Subd. 7. Restaurant. "Restaurant" shall have the meaning specified in Minn. Stat.
Section 157.15, Subd.12. "Restaurant" includes those portions of a multi -purpose
building that is being used for food and/or beverage services during an event. The
term "restaurant" does not include a "bar," as defined in this ordinance.
Subd. 8. Smoking. "Smoking" shall mean inhaling, exhaling, burning or carrying
any lighted cigar, cigarette, pipe, weed, other plant substances or other lighted
smoking equipment in any manner or in any form.
SECTION D. Smokina Prohibited in Restaurants:
Subd. 1. Smoking Prohibited. Except as provided in Subd. 2, smoking is
prohibited in all indoor areas of any restaurant and its indoor entrance areas,
commonly referred to as vestibules, alcoves, and foyers.
Subd. 2 Exemptions. The prohibitions of subd.1 do not apply to the following
places or situations:
a. a. Bars, including those that are immediately adjacent to a restaurant,
provided that the following separations are maintained:
1) 1) The bar is separated from the restaurant on all sides by continuous
floor -to -ceiling walls, which are interrupted only by closeable doors, that
are continuously closed, except when a person is actively entering or
exiting the bar; and
2) 2) The bar ventilation systems are totally separated from the restaurant,
with the bar maintaining a negative air pressure in relation to the adjacent
restaurant; and
3) 3) Whose revenues from the sale of food in this portion of the restaurant
are
consistent with the definition in this ordinance; and
4) 4) Consistent with Minnesota Statute § 340A.503, Subd. 4. (b), the bar
does not permit entrance or employment of minors at any time; and
5) 5) The bar has a Food and/or Beverage License, that is separate from
the restaurant, issued by the appropriate licensing agency.
b. b. Restaurants, that are closed to the public while being used for a private
function.
c. c. Private clubs, except when they are open to serve food or drink to the
public
that are not members of the club. Guests accompanied by members are
considered the same as members.
d. d. An event that includes licensed food and/or beverage service in any
municipal owned and managed building, when the municipal governing
body has declared specific portions of the building to be exempt for the
event.
Subd. 3. Proprietor's Right to Prohibit Smoking. Nothing in this ordinance
prevents the proprietor or other person in charge from prohibiting smoking in their
establishment.
Subd. 4. Compliance with Minnesota Clean Indoor Air Act. Irrespective of any
exceptions granted under authority of this ordinance, compliance must be maintained
with the Minnesota Clean Indoor Air Act, as may be amended from time to time.
Subd. 5. Exceptions Based on False Information. Exceptions and/or variances
based on false information shall render any exception or variance null and void.
SECTION E. Responsibilities of Proprietors:
Subd. 1. Records required for exemption
a. Applicants for food and/or beverage establishments claiming exemption
allowed under Section D, Subd. 2 of this ordinance, shall annually provide,
in conjunction with their public health administered Food and Beverage
License renewal, a copy of the annual report of food and liquor sales records
as provided to State Revenue Authorities from the most recent liquor
licensing year. The report shall be submitted with a form supplied by
Olmsted County Public Health and the information shall be provided under
oath and penalty of perjury. The report and accompanying form shall be the
basis for demonstrating whether or not the establishment continues to be
eligible for the exemption from the smoke -free requirements of Section D.
b. Prospective licensees of food and/or beverage establishments seeking to
open such an establishment, with an exemption from the smoke -free
requirements of Section D in this ordinance, shall provide a notarized
affidavit and agreement in conjunction with their application for initial Food
and Beverage License administered by Public Health. The affidavit and
agreement shall show that their business plan projections indicate that they
are eligible for such exemption and that they will convert to a smoke -free
status if their records indicate, after six calendar months of operation, that
the business is not eligible for continued exemption from the smoke -free
requirements of this Ordinance.
Subd. 2. Signage.
a. a. Where smoking is allowed in a bar, private club, or a facility in which
private functions are conducted, the proprietor, or other person in charge,
shall conspicuously post a sign at all entrances to that area or facility stating
one of the following:
1) 1) "This entire establishment is a designated smoking area" or
2) 2) "Warning -This area contains tobacco smoke, which causes
cancer, heart disease, lung disease, and can harm you, your
unborn baby, and children"
b. b. If a bar, private club, or a facility in which private functions are conducted
has both smoke -free areas and a designated smoking area, the proprietor or
other person in charge shall conspicuously post, in addition to those
messages required by the Minnesota Clean Indoor Air Act, signs at all initial
entry points clearly stating "Warning -This area contains tobacco smoke."
c. c. The proprietor shall also clearly indicate those areas inside the
establishment where smoking is permitted and those that are smoke -free,
through the use of signs required in this Subd. 2.
d. The proprietor or other person in charge of a restaurant shall conspicuously
post a sign at all entrances to the restaurant stating: "This entire
establishment is smoke -free." The sign shall include the universal "no
smoking" symbol.
e. The placement and size of lettering for all signs and symbols required under
this Ordinance shall be consistent with the Minnesota Clean Indoor Air Act,
Minn. Stat. Sections 144.411 to 144.417, and the Minnesota Clean Indoor Air
Act Rules, Minnesota Rules, Part 4620.0100 to 4620.1450.
Subd. 3. The proprietor or other person in charge shall ensure that ashtrays,
lighters, and matchbooks are not provided in areas where smoking is prohibited.
Subd. 4. The proprietor, or other person in charge, shall ask any person who
smokes in an area where smoking is prohibited to refrain from smoking and, if the
person does not refrain from smoking after being asked to do so, shall ask the
person to leave. If the offending party refuses to leave, the operator shall handle the
situation consistent with lawful methods for handling other persons acting in a
disorderly manner or as a trespasser.
Subd. 5. Compliance After Adoption:
a. a. The proprietor or other person in charge shall be provided up to 30 (thirty)
days after this ordinance is adopted to meet ordinance requirements.
b. b. The Public Health Director is authorized to extend the time for
completion, after considering a proprietor's written request for extension - that
includes a detailed explanation of need - that the Public Health Director finds
to be reasonable.
c, c. Such extension, made at the Director's discretion, shall be limited to no
more than 90 (ninety) days. Extensions beyond that authorized in this
subdivision shall be according to the authorized appeals process.
SECTION F. No Retaliation:
No person shall discharge, refuse to hire, refuse to serve or in any manner retaliate
against any employee, applicant for employment, or customer because such
employee, applicant, or customer makes a report or files a complaint alleging a
violation of this ordinance.
SECTION G. Violations:
Consistent with Minn. Stat. Sections 375.53 and 609.02, violations of this ordinance
shall be a petty misdemeanor.
SECTION H. Exceptions. Anneals. and Resolution of Violations:
Administration of this ordinance, including guidance for, challenges to, and penalties
shall be according to the authorities provided in Minnesota Statute Chapter 145A,
other applicable Minnesota law, and the Olmsted County Environmental Services
Administrative Ordinance.
SECTION I. Severabilitv and Savings Clause:
If any section or portion of this ordinance shall be found unconstitutional or otherwise
invalid or unenforceable by a court of competent jurisdiction, that finding shall not
serve as an invalidation, or affect the validity or enforceability of any other section or
provision of this ordinance.
SECTION J. Effective Date:
This ordinance shall be in full force and effect January 1, 2002 pursuant to
Minnesota law.
Dated this 13th day of November, 2001.
BOARD OF COUNTY COMMISSIONERS
Jean Michaels, Chairperson
ATTEST:
Richard G. Devlin, Clerk -Administrator
Article VII. Smoking in Public Places.
Sec. 28-62. Findings of fact and statement of purpose.
The Duluth City Council finds the following facts to exist:
(1) Tobacco smoke is a major contributor to indoor air pollution, and breathing second
hand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are children,
elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function,
including asthmatics and those with obstructive airway disease. Many of these individuals cannot go into
public places with second hand smoke due to their respiratory or allergenic handicap; and
(2) Health hazards induced by breathing second hand smoke include, but are not
limited to, lung cancer, heart disease, respiratory infection and decreased respiratory function; and
(3) The simple separation of smokers and nonsmokers within the same air space may
reduce, but does not eliminate, the exposure of nonsmokers to environmental tobacco smoke for which
there is no known safe level of exposure. (Ord. No. 9448, 6-12-2000, § 1; Ord. No. 9490, 5-29-2001, § 1.)
(a)
Sec. 28-63. Definitions.
For the purpose of this Article, the following words and phrases shall have the meanings given them
in this Section.
(a) Bar. Bar means an establishment that has an onsale 3.2 percent malt liquor license issued
pursuant to Minnesota Statutes Sec. 340A.403, as amended from time to time, or an onsale intoxicating
liquor license issued pursuant to Minnesota Statutes Sec. 340A.404, as amended from time to time, which
does not serve food or which has a limited food menu selection as defined by Minnesota Statutes Sec
157.16, subd. 3(d)(1), as amended from time to time;
(b) Bar/restaurant. Bar/restaurant means an establishment that has an onsale 3.2 percent malt
liquor license issued pursuant to Minnesota Statutes Sec. 340A.403, as amended from time to time, or an
onsale intoxicating liquor license issued pursuant to Minnesota Statutes Sec. 340A.404, as amended from
time to time, and that holds a small, medium or large establishment food license as defined by Minnesota
Statutes Sec. 157.16, subd. 3(d)(2)-(4), as amended from time to time;
(c) Office. Office means any building, structure or area used by the general public or serving
as a place of work at which the principal activities consist of professional, clerical or administrative services.
An office includes professional offices, offices in financial institutions, business offices, telemarketing offices
and government offices;
(d) Other person in charge. Other person in charge has the meaning specified in the
Minnesota Clean IndoorAirAct Rules, Minnesota Rules Part4620.0100, Subpart 10, as amended from time
to time;
(e) Proprietor. Proprietor has the meaning specified by the Minnesota Clean Indoor Air Act
Rules, Minnesota Rules Part 4620.0100, Subpart 13, as amended from time to time;
(f) Public conveyance. Public conveyance means any air, land or water vehicle used for the
transportation of persons for compensation, including but not limited to airplanes, trains, buses, boats and
taxis;
(g) Public place. Public place means any enclosed, indoor area used by the general public,
including, but not limited to, restaurants, retail stores, offices and other commercial establishments, public
conveyances, bars, hospitals, auditoriums, arenas, meeting rooms and common areas of hotels and motels,
but excluding bowling alleys and pool halls until April 1, 2003, and excluding private, enclosed offices
• occupied exclusively by smokers even though such offices may be visited by nonsmokers;
(h) Restaurant. Restaurant means any building, structure or area used as, maintained as,
advertised as or held out to the public for food service as defined in Minnesota Rules Part 4625.2401,
Subpart 15, which requires licensure under Minnesota Statutes, Chapter 157;
(i) Retail store. Retail store means that portion of a commercial occupancy used for the
transaction of business or the rendering of a service directly to the public, including shops, retail food stores,
laundries or Laundromats and department stores;
(j) Room. Room means any indoor area bordered on all sides by a floor to ceiling wall. The
sides must be continuous and solid except for closeable doors for entry and exit;
(k) Smoking. Smoking includes possessing or carrying a lighted cigar, cigarette, pipe or any
other lighted smoking equipment. (Ord. No. 9448, 6-12-2000, § 1; Ord. No. 9490, 5-29-2001, § 1.)
Sec. 28-64. Smoking prohibited in public places; exception.
No person shall smoke in any public place except:
(a) Restaurants that have a currently existing designated smoking area in a separate room,
separately ventilated to the outside and constituting not more than 30 percent of the seating floor space and
persons under the age of 18 are not permitted to enter or remain, provided that this exception shall cease
to be in effect after April 1, 2003;
(b) Bars;
(c) The bar area of a bar/restaurant, if:
(1) The bar area is separately enclosed on all sides by continuous floor -to -ceiling walls,
interrupted only by closeable doors; and
(2) The bar area is separately ventilated, with negative air pressure in relation to areas
of the bar/restaurant where smoking is not permitted; and
(3) Minors are not permitted in the bar area at any time;
(d) A civic organization, service club, fraternal or patriotic organization or similar private
membership organization, when admission to the organization is limited to members and members' guests,
provided that this exception shall not apply to any organization established to avoid compliance with this
ordinance [Article];
(e) The use of tobacco as part of a recognized religious ritual or activity. (Ord. No. 9448,
6-12-2000, § 1; Ord. No. 9475,12-21-2000, § 1; Ord. No. 9490, 5-29-2001, § 1; Ord. No. 9638, 12-15-2003,
§ 1.)
Sec. 28-65. Responsibilities of proprietors.
The proprietor or other person in charge of a restaurant subject to Chapter 28, Article VII, shall:
(a) Post no smoking signs that comply with the Minnesota Clean Indoor Air Act Rules,
Minnesota Rules Part 4620.0500, as amended from time to time;
(b) Ensure that ashtrays, lighters and matchbooks are not provided in areas where smoking
is prohibited;
(c) Ask any person who smokes in areas where smoking is prohibited to refrain from smoking
and, if the person does not refrain from smoking after being asked to do so, ask the person to leave. (Ord.
No. 9448, 6-12-2000, § 1; Ord. No. 9490, 5-29-2001, § 1.)
Sec. 28-66. Previous exemptions.
All previous exemptions are withdrawn effective April 1, 2003. (Ord. No. 9448, 6-12-2000, § 1; Ord.
No. 9490, 5-29-2001, § 1.)
Sec. 28-67. Employees not required to enter bar area.
At public places that include both a restaurant and a bar, the owner shall not require nonsmoking
employees to enter the bar area as part of the employee's duties without the employee's consent. (Ord.
No. 9448, 6-12-2000, § 1.)
Sec. 28-68. Retaliation prohibited.
No person or employer shall discharge, refuse to hire, penalize, discriminate against or in any
manner retaliate against, any employee, applicant for employment or customer because the employee,
applicant or customer exercises any right to a smoke free environment afforded by this ordinance [Article)
or other law. (Ord. No. 9448, 6-12-2000, § 1; Ord. No. 9490, 5-29-2001, § 1.)
Sec. 28-69. Other applicable laws.
This ordinance [Article] is intended to complement the Minnesota Clean Indoor Air Act, Minnesota
Statute Sec. 144.411 to 144.417, as amended from time to time. Nothing in this ordinance [Article]
authorizes smoking in any location where smoking is restricted by other applicable laws. (Ord. -No. 9448,
6-12-2000, § 1; Ord. No. 9490, 5-29-2001, § 1.)
Sec. 28.70. Violation and penalties.
(a) Smoking where prohibited. it is a violation of this Article for any person to smoke in an area
where smoking is prohibited by this Article;
(b) Proprietors. It is a violation of this Article for the proprietor or other person in charge of any
premises subject to this Article to fail to comply with the requirements of Chapter 28, Article VII, or to
retaliate against an employee, applicant for employment or customer, as prohibited by Section 28-68;
(c) Private right of action. In addition to the penalties provided in Section 28-70(c), any person
injured by a repeated or continuing violation of the Article may bring a civil action against the proprietor or
other person in charge of a public place to enjoin further violations. (Ord. No. 9448, 6-12-2000, § 1; Ord.
No. 9490, 5-29-2001, § 1; Ord. No. 9611, 7-28-2003, § 28.)
Sec. 28-71. Severability.
If any portion of this ordinance [Article], or its application to any circumstances, Is held invalid, the
remaining provisions shall be considered severable, and shall be given effect to the maximum extent
possible. (Ord. No. 9448, 6-12-2000, § 1; Ord. No. 9475, 12-21-2000, § 2; Ord, No. 9490, 5-29-2001, § 1.)
KilooYhal.
ORDINANCE NO.2004-13
AN ORDINANCE ENACTING TITLE 3, CHAPTER 6 RELATING TO SMOKING IN
PUBLIC INDOOR WORKPLACES
BE IT ORDAINED by the City Council of the City of Moorhead as follows:
SECTION 1. Chapter 6 of Title 3 of the Moorhead City Code is hereby created and enacted to read as
follows:
CHAPTER 6
SECTION:
6-1-1 Smoking in Public Indoor Workplaces Prohibited
6-1-2 Definition
6-1-3 Penalties For Violation
6-1-1 SMOKING IN PUBLIC INDOOR WORKPLACE PROHIBITED:
A. No person shall smoke, possess or carry a lighted cigarette, cigar, pipe or other tobacco products
in a public indoor workplace.
B. The owner or other person in charge of a public indoor workplace subject to the provisions of this
section must (i) post signs indicating "no smoking" or containing the intemational no smoking
symbol; (ii)ensure that ash trays, lighters and matchbooks are not provided in areas where
smoking is prohibited; and (Hi) ask any person violating this section to refrain from smoking,
possessing or carrying a lighted cigarette cigar, pipe or other tobacco products on the premises,
and if the person does not so refrain after being asked to do so, ask the person to leave the
premises immediately.
DEFINITION: "Indoor Public Workplace" means any enclosed, indoor facility, business or establishment used by
the general public, or used as a place of work, including, but not limited to, restaurants, retail
stores, offices and other commercial establishments, public conveyances, bars, hospitals,
auditoriums, arenas, meeting rooms and common areas of hotels and motels..
6-1-3 PENALTIES FOR VIOLATION: Violation of the provisions of this section is an infraction and the penalty
imposed for a first offense of this section shall be a fine of $100.00, for a second offense a fine of
$200.00 dollars, and for a third or subsequent offense a fine of $500.00.
SECTION 2. This Ordinance shall take effect on September 1, 2004.
PASSED by the City Council of the City of Moorhead the 21st day of June 2004.
APPROVED:
MARK VOXLAND, Mayor
ATTEST:
KAYE BUCHHOLZ, City Clerk
First Consideration:
Second Consideration:
Third Consideration:
Date of Publication:
May 3, 2004
May 17, 2004
June 21, 2004
BLOOMINGTON
MINNESOTA
Bloomington City Council to Hear Smoke -Free Ordinance
For Immediate Release
Tuesday, June 29, 2004
Contact: Karen Zeleznak
Health Administrator
City of Bloomington
(952) 563-8900
kzeleznak@ci.bloomington.mn.us
BLOOMINGTON CITY COUNCIL TO CONSIDER ORDINANCE EXPANDING SMOKE -
FREE AREAS IN PUBLIC PLACES AND PLACES OF WORK
On Monday, June 28 the Bloomington Advisory Board of Health (ABH) presented a study on smoke -free
workplaces to the Bloomington City Council. In February the City Council had requested the ABH to
study the issue of smoke -free restaurants and bars and other work places, and provide recommendations to
the Council. The ABH study is available on the City's web site at:
httn://www.ci.bloomineton.mn.us/citvhall/dent/commserv/uublheal/topics/sfstudvrecomm.htm.
Following the ABH presentation and discussion, the City Council, on a 4-3 vote, directed staff to
publish a notice for a public hearing on July 19, 2004 for Council consideration of an ordinance
expanding smoke -free areas in public places and work places beyond the requirements of the 1975
Minnesota Clean Indoor Air Act.
The Minnesota Clean Indoor Air Act permits designated smoking areas within public places and
places of work and does not regulate outdoor areas.
COMMUNICATIONS DIVISION
1800 W. O1O SHAKOPEE ROAD, BLOOMINGTON MN 55431-3027
PH 952-563-8713 FAX 952-563-8715 TIT 952-563-3740
AN AFFIRMATIVE ACTION/EQUAL
OPPORTUNITIES EMPLOYER
2
The proposed ordinance prohibits smoking in all defined indoor public places and places of work,
with the following exceptions: (1) private residences, (2) motor vehicles, (3) designated hotel -motel
sleeping rooms, and (4) Indian spiritual and cultural ceremonies (which are also exempt under the
Minnesota Clean Indoor Air Act). Smoking would also be prohibited in outdoor bar and restaurant
areas and within 25 feet of entrances, exits, open windows and ventilation intakes of public places
and work places. The restriction does not extend to other outdoor sites beyond the existing
prohibition of smoking in Bloomington's parks near youth sports activities.
The proposed ordinance will be available on the City's web site at www.ci.bloomineton.mn.us by
July 2.
Prior to the formal public hearing on the proposed ordinance, an administrative hearing will be held
by City staff and the Advisory Health Board on July 12 at 6 p.m. in the City Council Chambers.
The purpose of the administrative hearing is to answer questions and take comments.
The formal public hearing before the Bloomington City Council is scheduled for July 19 at 7:15
p.m. in the City Council Chambers. The City Council will take testimony on the proposed
ordinance at that time. If adopted as proposed, the ordinance would become effective on September
1, 2004.
Comments regarding the proposed ordinance may be submitted by e-mail to
counci1@ci.bloomineton.mn.us or via U.S. mail to: Mayor and City Council, City of Bloomington,
1800 West Old Shakopee Road, Bloomington, Minnesota 55431.
For more information, contact Karen Zeleznak, Health Administrator, 952-563-8900, or
kzeleznak@ci.bloominston.mn.us.
###
ORDINANCE NO. 2004 -
AN ORDINANCE PROHIBITING SMOKING IN PUBLIC PLACES
AND PLACES OF WORK
The City Council of the City of Bloomington hereby ordains:
Section 1. That Chapter 12 of the City Code is hereby amended to read as follows:
CHAPTER 12
PUBLIC PEACE AND SAFETY
ARTICLE II. PROHIBITED CONDUCT
Division O. Smokina Prohibited
SEC. 12.79. [RESERVED] FINDINGS OF FACT AND PURPOSE.
The City Council finds that:
(a) Tobacco smoke is a leading cause of disease in nonsmokers and a major source of indoor air
pollution. Secondhand smoke causes heart disease. lung cancer. respiratory infections. decreased
respiratory function. reproductive problems and other health problems. Secondhand smoke kills an
estimated 35.000 to 62,000 Americans each year from heart disease. Secondhand smoke also
causes an estimated 3.000 luno cancer deaths in America each year.
(b1 These adverse health effects are well documented and numerous medical and scientific
authorities. including the American Medical Association, the Suraeon General. the National Institute
on Occupational Safety and Health. the National Cancer Institute. the Environmental Protection
Agency. the National Academy, of Sciences, the National Toxicoloav Program and the World Health
Oraanization have recoanized the deadly effects of exposure to secondhand smoke.
(al There is no safe level of exposure to tobacco smoke. Neither the separation of smokers and
nonsmokers. nor the introduction of new ventilation systems. can eliminate the health hazards
caused by secondhand smoke.
(d1 Employees in smoky workplaces are at special risk. One study has estimated that working in a
smoky settina for eiaht hours is eauivalent to smoking 16 ciaarettes. Also at special risk are
children, elderly oeople.,and those with cardiovascular disease or impaired respirator function.
including people with asthma and those with obstructive airway disease.
(e) Obiective evidence does not bear out the fear that elimination of public smokina will harm a
community's economy or result in a net loss of jobs in restaurants and bars. On the contrary. many
independent economic studies have shown that the elimination of smokina has no material
economic impact on a community. These studies are drawn from the experience of hundreds of
communities that have successfully eliminated smokina in workplaces and publicplaces. The
states of California. Connecticut. Delaware. Maine. Massachusetts. and New York have adopted,
laws ending all smokina in bars. restaurants, and other public places. as have the nations of
Ireland. New Zealand and Norway.
lfl By reducina the exposure of youna people to adult smokina and unhealthy role modeling.
elimination of smokina in public places furthers Minnesota's coal of reducing youth smokina.
(a) There is no legal or constitutional "right to smoke." Business owners have no legal or constitutional
right to expose their employees and customers to toxic chemicals. whether in tobacco smoke or
otherwise. On the contrary. employers have a common law duty to provide their workers with a
workplace that is not unreasonably dangerous.
Therefore. the City Council declares that the purpose of this ordinance is to:
(1l Protect thepublic health. safety and welfare by better insuring the ability of citizens to
breathe safe and uncontaminated air:
(2) Affirm that the riaht to breathe has priority over the desire to smoke: and
(3) Protect vulnerable populations including employees, children. the elderly and those with
chronic health conditions.
SEC. 12.80. [ ESERVED] DEFINITIONS.
The followina words and terms. when used in this Division, shall have the following meanings
unless the context clearly indicates otherwise:
Bar - a portion of an establishment where a person can purchase and consume alcoholic
beverages.
Office - a buildina. structure or area used bv_the aeneralpublic or serving as a place of work at
which principal activities consist of professional. clerical or administrative services An office includes, but
is not limited to. professional offices, offices in financial institutions, business offices, telemarketing offices
and aovernmental offices.
Other Person in Charge - the agent of the proprietor authorized to perform administrative
direction to and general supervision of the activities within a place of work and public place at any given
time.
Place of Work - any enclosed, indoor location at which two or more individuals perform any type
of a service for consideration of payment under any type of employment relationship, includina but not
limited to an employment relationship with or for a private corporation, partnership, individual, or
aovernment agency. This term includes anv location where two or more individuals gratuitously perform
services for which individuals are ordinarilvpaid. Examples of a place of work include enclosed, indoor
areas of an office. a public conveyance. a factory, a warehouse, a hotel or motel. and other locations
where services are performed under an employment relationship. Enclosed. indoor areas of private
clubs. and rooms used for private meetings or social functions. are "places of work" if two or more
persons acting under an employment relationship provide cleaning. catering, food or beverage service,
maintenance or other support services in the location.
Proprietor - the party, regardless of whether the party is the owner or lessee of the place of work
or oublicplace. who ultimately controls, governs or directs the activities within the place of work or public
place. The term "proprietor" may apply to a corporation as well as an individual.
Public Place - any enclosed. indoor area used by the aeneral public or serving as aplace of work,
includina. but not limited to. restaurants, retail stores. offices and other commercial establishments, public
conveyances. auditoriums. arenas, meeting rooms, common areas of rental apartment buildings, and
educational facilities other than public schools.
Restaurant - a food and beverage service establishment, whether -the establishment serves
alcoholic or nonalcoholic beveraaes.,
Smokina - the inhaling_ exhaling or combustion of anv cigarette. cigar. pipe or anv other lighted
smokina equipment. Smoking includes carrying a lighted cigarette, cigar, pipe or anv other lighted
smokina eauipment.
SEC. 12.81. [RE-SEFW-E-np] PROHIBITIONS.
(a) Except as provided in subsection (cl. no person shall smoke in public places and places of work,
including outdoor and bar areas of restaurants.
(b) To ensure that tobacco smoke does not enter public places and places of work and thatpersons
entering suchplaces are not exposed involuntarily to tobacco smoke, smoking is prohibited within
twenty-five (25) feet of entrances. exits, open windows and ventilation intakes of public places and
places of work.
(c) The prohibitions of this Section do not apply to:
(1) Private residences.
(21 Motor vehicles.
(3) The use of tobacco as part of a traditional Indian spiritual or cultural ceremony.
(4) Sleeping rooms of hotels and motels which are rented to quests.
SEC. 12.82. [RESERVE -DI RESPONSIBILITIES OF PROPRIETORS,.
The Proprietor or other person in charae of a public glace or place of work where smokinc is
prohibited shall:
(al Post "nonsmoking" signs that comDly with the Minnesota Clean Indoor Air Act Rules, Minnesota,
Rules Part 4620.0500:
(b) Ensure that ashtrays. liahters and matchbooks are not provided in areas where smoking is,
prohibited: and
(cl Ask any person who smokes in an area where smoking is prohibited to refrain from smoking and, if
the Derson does not refrain from smoking after being asked to do so. ask the person to leave or
use any other means which may be appropriate to obtain compliance.,
SEC. 12.83. [RCr S RVEDD1 RETALIATION PROHIBITED.
No person or employer shall dischargerefuse to hire. penalize. discriminate aoainst or in an"
manner retaliate aoainst any employer. applicant for employment or customer because the employee,
applicant or customer exercises any riaht to a smoke -free environment provided by this ordinance or
other law.
SEC. 12.84. [RESERVED] PRIVATE PROHIBITIONS.
Nothing in this Division prevents the proprietor or other person in charge of any place. including,
without limitation. any residence. motor vehicle or outdoor space. from Drohibitinc smoking in any such
place.,
SEC. 12.85. [RESERVED] OTHER LAWS.
This Division is intended to complement the Minnesota Clean indoor Air Act. Minn. Stat..
§$114.411 to 144.17. as amended from time to time. Nothino in this Division authorizes smoking in any
location where smokino is prohibited or restricted by other laws.
SEC. 12.86. PENALTY.
Violation of any provision of this Division shall be a Petty misdemeanor.
SEC. 12.87. SEVERABILITY.
If any portion of this Division is held invalid. the remaining provisions shall be considered severable,
and shall be given effect to the maximum extent possible..
SEC. 12.88. EFFECTIVE DATE.
This Division shall become effective on September 1. 2004.
Passed and adopted this day of , 2004.
ATTEST: Mayor
Secretary to the Council
APPROVED:
City Attorney