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Home My WebLink About09-07-04 LE CCMPMayor: Lee Hunt Couneilmembers: Steve DeLapp Susan Dunn Dean Johnston Wyn John Please read: Lake Elmo City Council Tuesday September 7, 2004 3800 Laverne Avenue No, Lake Elmo, MN 55042 777-5510 777-9615 (fax) Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes 3. PUBLIC INOUIRIES/INFORMATIONAL: A. PUBLIC INQUIRIES: B. Kathi Pelnar:Animal Control Officer: Ordinance Relating to Confinement of Dogs 4. CONSENT AGENDA A. Planning Commission Resignations B. Resolution No. 2004-074:Approve claims C. Resolution No. 2004-078:Partial Payment No. 4 to Schifsky & Sons for Hill Trail N./50`h Street 5. FINANCE: A. Resolution No. 2004-075:Adopting Levy Limit B. Resolution No. 2004-076:Set Truth n' Taxation Hearing Dates 6. NEW BUSINESS August 17, 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. 7. MAINTENANCE/PARK/EIRE/BUILDING: A. Lake Elmo City Council Agenda September 7, 2004 Page 2 8. CITY ENGINEER'S REPORT: Tom Prew A. Hill Trail Assessment Appeal, Resolution No 2004-069:Adopting Hill Trail/50t Street Assessments B. Highlands Trail Speed Study Results C. 45th Street Pond 9. PLANNING. LAND USE & ZONING: A. Zoning Ordinance Amendment -Family Entertainment Center:CUP in GB Zone B. Amendments to Section 150 - Building Height 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Set Public Works Council Committee Meeting Date (Verbal) 12. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Johnston E. Council Member John CLOSED MEETING: September 7, 2004, 8:00 p.m.; Discuss Legal Options with the City's Met Council Attorney C. Dillerud Environmental Meeting: September 15, 2004 7:00 p.m. or q LAKE ELMO rev City of Lake Elmo 651 /777-5510 3800 Laverne Avenue North / Lake Elmo, MN 55042 THE LAKE ELMO CITY COUNCIL WILL HOLD A CLOSED MEETING TO DISCUSS LEGAL OPTIONS WITH THE CITY'S MET COUNCIL ATTORNEY TUESDAY, SEPTEMBER 7, 2004 8:00 P.M. (After the City Council Meeting) LAKE ELMO CITY HALL 3800 LAVERNE AVENUE NORTH LAKF, ELMO, MINNESOTA toprinted on recycled paper LAKE ELMO CITY COUNCIL MINUTES AUGUST 17, 2004 1. AGENDA 2. MINUTES: August 4, 2004 3. PUBLIC INQUIRIES/INFORMATIONAL: 4. CONSENT AGENDA: A. Resolution No. 2004-068: Approve Claims B. Reschedule November 2, Council Meeting C. Resolution No. 2004-072 Approve Additional Claim 5. FINANCE: A. INFORMATIONAL: Date Change for Public hearing on Bond Resolution August 31, 2004 B. INFORMATIONAL: Monthly Operating Report 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIREBUILDING: A. Update on Building Dept. Activities: Jim McNamara B. Fire Sprinklers — Prairie Ridge Office Park 8. CITY ENGINEER'S REPORT: A. PUBLIC HEARING: Assessment for Hill Trail N.,/50`h Street:Resolution No. 2004-069 B. PUBLIC HEARING: Assessment for 2004 Overlay Project; Resolution No. 2004-070 C. Proposed 4-Way Stop Highlands Trail/59th Street D. VFW Ball Field Lights 9. PLANNING, LAND USE & ZONING: A. Open Space Concept Plan:Tapestry at Charlotte's Grove:Resolution No. 2004-071 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Highway 5 B. Fire Service Agreement with City of Hudson, WI C. Disposal of Fire Equipment D. Animal Ordinance Amendment E. Purchase offer for 3585 Laverne Avenue F. Vacation of 55th Street G. Council Committees 12. CITY COUNCIL REPORTS: A. Mayor Hunt: Board of Directors Vacancies; LMC 2004 Annual Conference B. Council Member John:Discussion of Smoking Ban LAKE ELMO CITY COUNCIL MINUTES AUGUST 27, 2004 1 Mayor Hunt called the meeting to order at 7:00 p.m. in the Council Chambers. PRESENT: John, Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, Building Official McNamara, Finance Director Tom Bouthilet, and Administrator Rafferty. 1. AGENDA Add: Refer Vacation of 55th Street to Planning Commission, New City Center, Council Committees M/S/P Dunn/Johnston - to approve the August 17, 2004 City Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: August 4, 2004 M/S/P DeLapp/Johnston - to approve the August 4, 2004 City Council Minutes, as amended. (Motion passed 4-0-1:Abstain Hunt). 3. PUBLIC INOUIRIES/INFORMATIONAL: Frank Orsello, Oakdale Lake Elmo Historical Society President, thanked the Council for the $1,000 donation. He presented a budget proposal to the city for office supplies that would cost approximately $75 to $100 a month. M/S.P Dunn/John - to remit the request to city staff for discussion based on money available in the budget. (Motion passed 5-0.) 4. CONSENT AGENDA: ---, A. Resolution No. 2004-068: Annrove Claims M/S/P DeLapp/Johnston - to adopt Resolution No. 2004-068, approving claim numbers 211 212, DD211 through DD229 25898 through 26021, that were used for staff payroll dated August 5, 2004, Claim Numbers 26022 through 26059 dated August 17, 2004 in the total amount of $77,595.27. (Motion passed 5-0). B. Reschedule November 2, Council Meeting M/S/P DeLapp/Johnson - to reschedule the November 2, 2004 City Council meeting to Wednesday, November 3, 2004 because of the General Election held on this date. (Motion passed 5-0). C. Resolution No. 2004-072 Annrove Additional Claim M/S/P DeLapp/Johnston — to adopt Resolution No. 2004-072, approving claim number 26060 payable to the City of Oakdale dated August 17, 2004 in the total amount of $12,871.48. (Motion passed 5-0.) LAKE ELMO CITY COUNCIL MINUTES AUGUST 27, 2004 2 5. FINANCE: A. INFORMATIONAL: Date Change for Public Hearing on Bond Resolution The Public Hearing on the Bond Resolution will be held on Tuesday, August 31, 2004, 7 p.m. at City Hall. This meeting will be cabled. The Budget Workshop will be held after the hearing. M/S/P DeLapp/Johnston — to send the notice to the people, determined by staff, that would be affected by the city center proposal in the Lions Park area and include a sketch. (Motion passed 5-0.) B. INFORMATIONAL: Monthly Operating Report Finance Director Bouthilet provided a monthly operating report and reported the budget was on -track. 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Building Dent. Activities: Jim McNamara, The Building Official reported that in the month of July there were two new residential permits issued and two new commercial permits issued. He reminded residents that contractors should be state licensed to complete a roof project and permits for fences are now required. B. Fire Sprinklers — Prairie Ridge Office Park The City Planner reported in his memo that as a part of the Council's approval action on the site plan for the Prairie Ridge office condos (Highway 5 at Stillwater Blvd.) it as agreed that the developer would be required to only install "dry" fire sprinkler systems. That concession by the City was based on the inability of the City to extend municipal water service to the site in a financially feasible manner due to Oakdale water supply contract issues. The City has been contacted by the developer advising that the State Fire Marshall will not permit installation of "dry" sprinkler systems due to the false sense of security such installations will project. The Building Official explained since we are not able to service water, the state was very reluctant to approve other than a full live system. A letter was signed by the Building Official and Fire Chief indicating they wave the requirement of the fire sprinkler systems for the Prairie Ridge development due to the fact that the city does not have the ability to furnish the development wit the necessary water supply for a fire sprinkler system. This option is given under Section 1306.0060 of the fire sprinkler code providing other requirements are met. The Council asked that the Planning Commission be made aware of these items when it looks at the impact on the Limited Business area where there is no water. LAKE ELMO CITY COUNCIL MINUTES AUGUST 27, 2004 3 M/S/P Johnston/John — to approve an amendment to the site plan approval of Prairie Ridge Office Park deleting the condition requiring the installation of a "dry" fire sprinkler system in its entirety based on the recommendation received from the City Planner and the waiver letter dated August 11, 2004 from the Building Official and Fire Chief. (Motion passed 4-1:DeLapp stated there is no reason why this decision premise of the ordinance especially when there is water available.) 8. CITY ENGINEER'S REPORT: A. PUBLIC HEARING: Assessment for Hill Trail N./50th Street:Resolution No. 2004-069 The City Engineer reported the project is nearly complete and only turf establishment work remains. He recommended adoption of the assessment rate of $2,500.00 per unit (67.5 assessable units) for this project. Roger Johnson, 8048 Hill Trail N., submitted a notice of objections indicating two of his parcels were combined as a condition of his purchase of a parcel last spring. He has provided Washington County the proper paperwork to combine the parcels, but the County has not completed the consolidation. Bud Talcott, 8051 Hill Trail N., provided a memo, dated August 17, 2004, of concerns raised with the project. The City Engineer said that he would meet with the City Attorney to discuss the validity of these concerns and objections. Mayor Hunt opened up the Public Hearing in the Council Chambers at 7:40 p.m. Council member Johnston objected to the discussed changes in the assessment policy because the City has a well defined assessment policy which has been consistently administered and any objections are satisfied. Mayor Hunt closed the Public Hearing at 7:42 p.m. Attorney Filla advised that the Council could postpone adoption or adopt the assessment roll with the exception of the two parcels in question. M/S/P Hunt/DeLapp — to postpone consideration of adopting assessments for the reconstruction of Hill Trail N. and 50th Street N. until the September 7th meeting for resolution of the requests by Roger Johnson and Bud Talcott by the City Engineer. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES AUGUST 27, 2004 4 B. PUBLIC HEARING: Assessment for 2004 Overlay Project: Resolution No. 2004-070 The City Engineer reported the project is complete and recommends adoption of the assessment rate of $1,222.00 per unit (21 assessable units) for this project. Mayor Hunt opened up the Public Hearing at 7:50 p.m. in the Council Chambers There was no one to speak for or against the assessments. Mayor Hunt closed the Public Hearing at 7:51 p.m. M/S/P DeLapp/Johnston — to adopt Resolution No. 2004-070, A Resolution Adopting Assessments for the 2004 Overlay Projected as presented by the City Engineer. (Motion passed 5-0). C. Proposed 4-Way Stop Highlands Trail/59t Street The Public Works Council Committee recommended a 4-Way stop condition be placed at the intersection of Highlands Trail and 59th Street. In his letter dated August 12` , Tom Prew recommended not to install a 4-way stop as it was not warranted. The recommendation for a 4-way stop condition stems from the neighborhood request for traffic calming. In his opinion, a nuance stop sign at this location would have very little effect on the overall speed of traffic on Highlands Trail. Making physical changes to the street is the best method to reduce vehicle speed. Prew recommended performing a speed study to determine the scope of the speeding problem. M/S/P DeLapp/John — to direct the City Engineer to come back with a speed study to determine the scope of the speeding problem on Highlands Trail. (Motion passed 5-0). D. VFW Ball Field Lights The City Planner reported the installations of the new lights have been recently completed. A verbal agreement several months ago with an adjacent property owner to provide the city with an easement to run the new power supply unraveled once Xcel presented the actual plan as to where the new power lines/poles would be located on that adjacent property owners land. Several alternative concepts were also presented to the property owners, but none of which could be accommodated. It was finally decided to route the power from a different location and within the Layton Avenue right-of-way, with increased costs the result. The previous Xcel contract price to bring the power to the ball field was $9,994.57. The new revised route down Layton Avenue results in an Xcel cost of $12,205.37 and an increase in the project cost of $2,210.80. M/S/P DeLapp/Johnston — to approve an increase in the cost of the VFW ball field lights project by $2,210.57 to accommodate a revised routing for the required Xcel power supply. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES AUGUST 27, 2004 5 9. PLANNING. LAND USE & ZONING: A. Open Space Concept Plan:Tapestry at Charlotte's Grove:Resolution No. 2004-071 Seim & Youngdahl are proposing 67 single family homes on 172 acres located east of Lake Jane along 45th Street and west of Hamlet on Sunfish Lake. The City Planner reported that the OP Concept Plan for Tapestry at Charlotte's Grove (staff dated August 5) both mitigated most of the former OP standards compliance issues, and also addressed many of the issues raised at the Planning Commission's public hearing. The primary remaining OP standards non-compliance issue (proposed to be a 4/5 Council OP variance) is the proposed encroachment of a public street into the 200 foot OP buffer along a short portion of the project's west border. The Commission discussed this encroachment at length and offered the Council a recommendation to approve the variance responsive to the purposes and intent of' the OP ordinance. There will be a right turn lane to address the safety concern with exiting 45th Street. Connection to the city's trail system is also being planned. Council member Dunn voiced her concern about flooding from Sunfish Lake and made the developer aware of VBWD letter and the affect on wetlands. M/S/P DeLapp/Johnston - to adopt Resolution No. 2004-071 approving the OP Concept Plan for Tapestry at Charlotte's Grove based on the plans staff dated August 5, 2004 and the Findings/Recommendation of the Planning Commission. (Motion passed 5-0) M/S/P DeLapp/Johnston — further, that the Council endorses the concept of a minor public street encroachment into the OP buffer as depicted by the August 5th Plan as a 4/5 OP variance in the future OP Development Stage Plan. (Motion passed 5-0). 10 CITY ATTORNEY'S REPORT: None 11. CITY ADMINISTRATOR'S REPORT: A. Highway 5 The City Administrator reported him, the City Planner and City Engineer met with engineering representatives of Washington County Engineering and the Minnesota Department of Transportation. The following items were discussed. 1. Long term planning, construction implementation and ownership of Hwy 5. 2. Safety issues to be addressed with short term planned maintenance activities, subject to funding. 3. And the development of alternate traffic routing and shared funding plans in the future. LAKE ELMO CITY COUNCIL MINUTES AUGUST 27, 2004 6 MnDot discussed the Mill/Overlay project scheduled for September 2004, and no possibility (funding) for changes at this time. They also identified other maintenance and safety related upgrades scheduled for the future; pending funding. Tom Prew is working on a proposal to do a bypass study. The City Administrator noted that residents raised traffic issues on the west end, and there will be continued vigilance on speeding by the sheriff's dept. Council member Dunn asked to put on website and cable when the mill overlay project will be started. B. Mutual Aid for St. Croix Valley and Hudson Fire Station The Council was provided an agreement for the Lake Elmo Fire Department to provide Mutual Aid to the St. Croix Valley and Hudson Fire Departments. This agreement is key to the area wide response to emergency situations and has been reviewed and recommended for approval by the City Attorney, the Fire Chief and the City Administrator. M/S/P DeLapp/Johnston — to approve the Mayor, City Administrator, and Fire Chief sign the Mutual Aid Agreement with St. Croix Valley and Hudson Fire Service, (Motion passed 5-0). C. Disnosal of Fire Eouininent M/S/P DunniDeLapp — to approve the Mayor, CityAdministrator and Fire Chief sign an agreement to transfer outdated surplus Air Pack equipment to receiving city. (Motion passed 5-0). D. Animal Ordinance Amendment The Community Improvement Committee has studied the current ordinance regulating restraining of dogs. The CIC has recommended that a minor change to the dog ordinance be adopted. The change proposed requires that a dog owner employ an active restraint system if the dog is left outside and the owners are not home. Rod Sessing and Council member DeLapp questioned the relevancy of the property owner being home or not and why penalize them for when the owner is not home. Council member Johnston stated that his interpretation of the opinion of animal control is that invisible fencing was not efficiently effective and additional protection was a good policy. Ann Smith, Vice Chair of the CIC, stated if the dogs stay in the invisible fence, the property owner will not get fined. This would protect people in the future when the owner is not home all day long. Joan Ziertman, CIC member, stated she would rather see extra enforcement when a person is gone a long time. Council member Dunn said she wasn't convinced that invisible fences were causing a problem in the city and was not prepared to make a change to the dog ordinance. LAKE ELMO CITY COUNCIL MINUTES AUGUST 27, 2004 7 Animal Control Officer Kathi Pelnar provided a year end report listing the number of dogs picked up wearing invisible fence collars. For both 2003 and 2004 that number was four dogs. The Council wanted to talk with the ACO to try to understand the actual magnitude of the problem. M/S/P Johnston/ Dunn — to invite Kathie Pelnar, ACO, to come to the September 7th Council meeting to discuss animal control under the Public Information section of the meeting agenda. (Motion passed 5-0). E. Purchase offer for 3585 Laverne Avenue Council member Johnston stated he was in favor of a city center and buying this property in question because it s contiguous to the Lions Ball Field. He suggested inviting residents that would be affected by a proposed new city center to a public hearing. The City Administrator added the City is looking at alternative locations for the Lake Elmo Library and this property could serve that purpose until a city center has been decided. M/S/P Johnston/John - to authorize the Mayor to sign the purchase agreement for the property located at 3585 Laverne Avenue, Lake Elmo, Minnesota; and acknowledgments of receipt of disclosure of sewage treatment system, supplemental disclosure regarding individual On -Site System and Seller Property Disclosure Statement. (Motion passed 5- 0.) F. Vacation of 55th Street M/S/P Johnston/Dunn — to send this item to the Planning Commission for study and review based on the recommendation of the Public Works Council Committee. (Motion passed 5-0.) G. Council Committees Attorney Filla provided a draft resolution defining the duties of the three established City Council Committees. M/S/P John/Dunn — to adopt resolution No. 2004-074, A Resolution Relating to Council Committees (Motion passed 5-0.) 12. CITY COUNCIL REPORTS: A. Mayor Hunt: Board of Directors Vacancies; LMC 2004 Annual Conference Mayor Hunt explained it would be a fantastic opportunity to have a booth at the conference to contact other cities at the LMC 2004 Conference held in Duluth. Council member DeLapp added that we need information, such as, MN Design Team information, pictures of developments and the proposed city center, to attract their interest. LAKE ELMO CITY COUNCIL MINUTES AUGUST 27, 2004 8 Mayor Hunt and Council members Dun, DeLapp and Johnston indicated they would be attending the LMC Conference. M/S/P Johnston/John — to authorize $700 to reserve a booth at the LMC conference. (Motion passed 5-0.) Board of Directors Vacancies: At the Annual Meeting in Duluth on October 111h, the membership will elect four new members to the Board of Directors. Council member Johnston indicated he would be interested in the nomination, but pulled his name out of consideration when Mayor Hunt indicated he would also be interested. M/S/P DeLapp/Dunn — to submit Lee Hunt's name for nomination to serve on the LMC Board of Directors. (Motion passed 5-0). Council member Dunn attended the VBWD meeting to listen to the discussion regarding a proposal for a market place and super target on 70 acres along highway 5 bordering Oakdale and Lake Elmo. Dunn said resident, Debbie Dean, asked excellent questions on water quality and runoff and how it relates to more traffic on Highway 5. The proposal was passed by the VBWD. Council member Johnston said he was the last customer at the pancake breakfast held by the Fire Department. Dean asked about the status of the City's diseased tree program. The Administrator responded this item will be placed on the Public Works Council Committee agenda. Council member John suggested looking into a tree specialist on staff and the cost associated with such an appointment. B. Council Member Jobn:Discussion of Smoking Ban Council member Wyn John said the Public Health Council Committee reflected positive on a smoking ban and wanted to get the Council's response on this proposal. He aid if the City doesn't take a stand one way or another to identify their position, then there would not be any weight at all for the Washington County to legislate for us. Wyn introduced the following motion because he felt quite strongly about a smoking ban. M/No Second John/No Second — to direct the staff to prepare an ordinance prohibiting smoking in a public place where two or more people could gather. Council member Dunn stated this is not something we should be wasting another minute on. Council member Johnston said he was in favor of an approach that would do the most good while doing the least amount of harm. He supported the concept of a smoking ban and the idea of a regional smoking ban. LAKE ELMO CITY COUNCIL MINUTES AUGUST 27, 2004 9 Mayor Hunt suggested that they send a letter of support to the group being spearheaded by St Paul Mayor Randy Kelly, Minneapolis, who is coordinating a regional approach and offer to participate in the discussions. M/S/P Johnston/John - to send a letter of support to Mayor Kelly offering to participate in the discussion for support of the program and send a letter to the Washington County Board to encourage them to adopt a countywide smoking ban .(Motion passed 4-1Dunn the County is not interested in a county wide ban) Council adjourn the meeting at 9:42 p.m. Respectfully submitted by Sharon Lumby, City Clerk Resolution No. 2004-068 Approve Claims Resolution No. 2004-069 Assessments for Hill Trail NJ50th Street TABLED Resolution No. 2004-070 Assessment for 2004 Overlay Resolution No. 2004-071 Tapestry at Charlotte's Grove Concept Plan Resolution No. 2004-072 Additional Claims LAKE ELMO CITY COUNCIL MINUTES AUGUST 27, 2004 10 MINUTES APPROVED: August 17, 2004 LAKE ELMO CITY COUNCIL MINUTES WEDNESDAY, AUGUST 4, 2004 (The Council meeting has been rescheduled from August 3, 2004 because of National Night Out) 1. AGENDA 2. MINUTES: July 20, 2004 3. PUBLIC INQUIRIES/INFORMATIONAL: 4. CONSENT AGENDA: A. Resolution No. 2004-062 Approving Claims B. Request for Meehan Family for an Extension of time to Record Final Plat C. Ordinance Amending Definition for Building Height (POSTPONED) 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 7. MAINTENANCE/PARK/FIRE/BUILDING: 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 Iris Avenue Street Sign B. Fence Ordinance:Ordinance No. 97-137 C. Fence Moratorium Request at 55th Street N. (Postponed) D. Limited Business Zoning District — Add Family Entertainment Center (Tabled at the request of the applicant) E. Resolution No. 2004-065:Final Plat, OP Plat & Development Agreement; Whistling Valley Second Addition 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. New Public Facilities:City Hall, Public Work Facilities and Possible Fire Station 12. CITY COUNCIL REPORTS A. Mayor Hunt:Smoking Ban Acting Mayor Dunn called the meeting to order at 7 p.m. in the Council chambers. PRESENT: John, Dunn, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, City Planner Dillerud, Finance Director Tom Bouthilet and Administrator Rafferty. ABSENT: Mayor Hunt LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 2004 1 C. Ordinance No. 97- Amending Definition for Building Height (Postponed to 8/17) D. Resolution No. 2004-062:Apnointing Election Judges for Primary and General Election M/S/P Johnston/DeLapp — to adopt Resolution No. 2004-062, Appointing Elections Judges for the September 14, 2004 Primary Election and the November 2, 2004 General Election. (Motion passed 4-0). E. Resolution No. 2004-063:Designating Polling Places for the Primary and General Election M/S/P Johnston/DeLapp — to adopt Resolution No. 2004-063, Designating Polling Places for the September 14, 2004 Primary Election and the November 2, 2004 General Election. (Motion passed 4-0). 5. FINANCE A. Schedule Meeting Date for Bond Resolution and Amend CIP The Council selected Tuesday, August 24, 2004, 7 p.m. to hold the Public Hearing for the Bond Resolution and Amend the CIP. 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIREBUILDING: A. Update on Fire Department Activities:Fire Chief Malmquist Fire Chief Malmquist reported the Department was invited to two neighborhoods for National Night Out. The Department calls are down 40 to 50 calls from 2003. All of the Firefighters on staff are First Responders. The Department will be attending Fire Fighter Day at the Washington County Fair on Saturday. 8. CITY ENGINEER'S REPORT: A. Landscape Security Release -Eagle Point Business Park Planner Dillerud reported 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 have been replaced by the project developer. Staff recommended release of the $89,900 Letter of Credit securing the landscape plan for this site. M/S/P Johnston/DeLapp - to approve release of M&I Bank Letter of Credit #SB6244 securing the landscape improvements of the Eagle Point Business Park based on the Fining that the landscape improvements are complete per approved plans and the landscape materials have survived two growing seasons. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 2004 3 M/S/P Johnston/Dunn — to amend the text in Section 302.02 Fence Materials, Subd. 3 — Chain Link or Cyclone Fences by striking "and shall be black or green in color". (Motion passed 3-1:DeLapp) M/S/P Johnston/Dunn — to amend the text in Section 302.04 Temporary Fences, Subd. 1 — Defined to read "Temporary Fences shall be open to light and air over not less than "40%" of the fence surface area." (Motion passed 4-0). M/S/P Johnston/DeLapp — to amend the text in Section 302.06 Fences as Screening and Security as Required by This Code by adding "Item 4. No such screening shall be roofed or covered in any manner. (Motion passed 4-0). The Council suggested that in Section 302.02 add Temporary Fences as exclusion to requiring a building permit. Council member Johnston asked if temporary fences are adequately defined. Attorney Filla responded that temporary fence definitions could have other fences; such as, garden, snow fences and swimming pool fences which are installed and removed on a seasonal basis. M/S/P Johnston/DeLapp — to not require a building permit for temporary fences. (Motion passed 4-0). Attorney Filla suggested adding the words "6 months administratively." M/S/P Johnston/John — to amend the text to read in Section 302.07, Item 1. Fence Permits Required: All such fences shall be removed by the property owner within 6 months of the termination of the keeping of Domestic Farm animals, unless an extension is specifically authorized by City Council action. (Motion passed 4-0). M/S/P Johnston/John — to adopt Ordinance No. 97-137, Fence Ordinance, as amended. (Motion passed 4-0). M/S/P Johnston/John to amend the agenda add 9B New Fence Ordinance and Repeal of Fence Moratorium. (Motion passed 4-0). M/S/P Jolmston/DeLapp — to repeal the Fence Moratorium. (Motion passed 4-0). Planner Dillerud will address Council member Johnston's concern on clarification of fences in the OHW setback in the shoreland ordinance. C. Fence Moratorium Request at 55th Street North: This agenda item was postponed to August 17rh Council meeting per the request of resident, Tom McCormick. D. Limited Business Zonine District — Add Family Entertainment Center: This agenda item was tabled at the request of the applicant. LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 2004 5 B. Confirmation of Captain Appointment M/S/P Johnston/John — to confirm the appointment of Bruce Cohen to Captain of the Lake Elmo Fire Department. (Motion passed 4-0). 12. CITY COUNCIL REPORTS: Council member DeLapp announced the Sierra Club will hold a Tour de Sprawl bicycle tour through the City on September 18th and are looking for the city to offer a squad escort along 10th Street. M/S/P Johnston/DeLapp — to request the Washington County Sheriff's Department to work with the Sierra Club to provide a squad escort on 10th Street N. for the bicycle tour, Tour de Sprawl, on September 18, 2004. (Motion passed 4-0). Administrator Rafferty reported there will be a workshop on the County -wide assessment proposal, Tuesday, August 10, 10:15 a.m., in the Washington County Board Room. The Supreme Court decision will come out on Thursday, 1 p.m.. He spoke to the Mayor of Minnetrista, which is experiencing similar problems with the Met Council. Discussion on the smoking ban will be referred to the Public Health and Safety Council Committee. Discussion on purchase of a speed trailer in regard to issues on Highlands Trail will be added to the Public Works Council Committee agenda. Council adjourn the meeting at 9:30 p.m. Respectfully submitted by Sharon Lumby, City Clerk Resolution No. Resolution No. Resolution No. Resolution No. Resolution No. Resolution No. Resolution No. Trail 2004-061 Approve Claims 2004-062 Appoint Election Judges 2004-063 Designate Polling Places 2004-064 Request to MnDOT for Iris Avenue Street Sign 2004-065 Final Plat of Whistling Valley Second Addition 2004-066 Call a Public Hearing on Assessments for 2004 Overlay 2004-067 Ca11 a Public Hearing on Assessments for Improvement of Hill Ordinance No. 97-137 Fence Ordinance LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 2004 7 Lake Elmo City Council Agenda Section: PUBLIC INFORMATIONAL No 3B. September 7, 2004 Agenda Item: Kathi Pelnar, Animal Control Officer Ordinance Relating to Confinement of Dogs Background Information for September 7, 2004, At the August 17th meeting, the Council tabled adoption of the Ordinance Relating to Confinement of Dogs. At the invitation of the Council, Kathi Pelnar will be present to answer any questions. Action Items: Motion/Second - to adopt Ordinance No. 97-140 Relating to Confinement of Dogs, as presented or amended. Person responsible: S.Lumby DRAFT recommended for approval by the City Attorney, the Fire Chief and the City Administrator. M/S/P DeLapp/Johnston — to approve the Mayor, City Administrator, and Fire Chief sign the Mutual Aid Agreement with St. Croix Valley and Hudson Fire Service. (Motion passed 5-0). C. Disposal of Fire Euuinment M/S/P Dumi/DeLapp — to approve the Mayor, City Administrator and Fire Chief sign an agreement to transfer outdated surplus Air Pack equipment to receiving city. (Motion passed 5-0). D. Animal Ordinance Amendment The Community Improvement Committee has studied the current ordinance regulating restraining of dogs. The CIC has recommended that a minor change to the dog ordinance be adopted. The change proposed requires that a dog owner employ an active restraint system if the dog is left outside and the owners are not home. Rod Sessing and Council member DeLapp questioned the relevancy of the property owner being home or not and why penalize them for when the owner is not home. Council member Johnston stated that his interpretation of the opinion of animal control is that invisible fencing was not efficiently effective and additional protection was a good policy. Ann Smith, Vice Chair of the CIC, stated if the dogs stay in the invisible fence, the property owner will not get fined. This would protect people in the future when the owner is not home all day long. Joan Ziertman, CIC member, stated she would rather see extra enforcement when a person is gone a long time. Council member Dunn said she wasn't convinced that invisible fences were causing a problem in the city and was not prepared to make a change to the dog ordinance. Animal Control Officer Kathi Pelnar provided a year end report listing the number of dogs picked up wearing invisible fence collars. For both 2003 and 2004 that number was four dogs. The Council wanted to talk with the ACO to try to understand the actual magnitude of the problem. M/S/P Johnston/ Dunn — to invite Kathie Pelnar, ACO, to come to the September 7th Council meeting to discuss animal control under the Public Information section of the meeting agenda. (Motion passed 5-0). E. Purchase offer for 3585 Laverne Avenue DRpf1 Council member Johnston stated he was in favor of a city center and buying this property in question because it s contiguous to the Lions Ball Field. He suggested inviting residents that would be affected by a proposed new city center to a public hearing. The LAKE ELMO CITY COUNCIL MIND IES AUGUST 27, 2004 7 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE RELATING TO CONFINEMENT OF DOGS The Lake Elmo City Council hereby ordains that Section 1320.025 is added to the City Code to read as follows: 1320.025 Confinement of Dous. When a dog owner is at home, a dog, except those classified as potentially dangerous or dangerous dogs, shall be confined to the dog owners property by owner supervision, kennel, physical or invisible fencing, or by a chain securely anchored to a structure or to the ground. Invisible fencing is not a permissible means of confinement if a dog owner is not at home. Potentially dangerous or dangerous dogs shall be confined in a proper enclosure. ADOPTION DATE: Passed by the Lake Elmo City Council on the day of , 2004. EFFECTIVE DATE: This Ordinance shall be effective the day following its publication. Dated: , 2004 CITY OF LAKE ELMO By: Lee Hunt Its: Mayor ATTEST Martin Rafferty Its: City Administrator Fausers\JaniceWerry\LE\Confinement of Dogs Ordinance.doc Lake Elmo City Council August 17, 2004 Agenda Section: CITY ADMINISTRATOR'S REPORT No. 11. D Agenda Item: Modification to Dog Ordinance Background Information for August 17, 2004: The Community Improvement Committee (CIC) has studied the current Ordinance regulating restraint of dogs. Upon study and review the CIC has recommended that a minor change to the dog ordinance be adopted. The change proposed requires that a dog owner employ an active restraint system if the dog is left outside and the owner(s) are not at home. The FLLP Council Committee has recommended the change be made to the current ordinance. Action Items: Resolution adopting a modification to the Dog Ordinance requiring an active restraint of a dog; if the animal is left out side when the owner is not at home. Attachments: Ordinance modification at Council Person resnonsible: Martin Rafferty Aug 13 04 01:34p Kathi Pelnar 715-386-8925 p.l End of Year Report 2003 Animal Control City of Lake Limo 2003 2004 Total Number of calls Received 145 81 Total Calls Requiring response 124 72 Total Calls handled over the phone or With only a warning letter 21 09 Total Viscous Dog Calls 01 02 Total Number of dogs picked up 46 20 Total Number of Cats picked up 57 39 Total Number of Pick ups with collar and Identification tags on (dogs only) 09 07 Total Number of picks ups with collars only (Dogs only) 16 07 Total Number of dogs picked up wearing Invisible fence collars 04 04 Submitted by: Kathi Pelnar CVT, CHI Animal Warden • Mayor Lee Hunt Councilmembers Steve DeLapp Agenda Item: Planning Commission Resignations Susan Dunn Dean Johnston Date: September 7, 2004 No. 4A Agenda Section: Consent Agenda Background Information for September 7, 2004. Planning Commissioner Jeff Berg resigned his commission on August 20, 2004. Planning Commissioner Jim Van Pelt resigned his commission on August 30, 2004. Jeff Berg became a Full Voting Member of the Planning Commission in January, 1996. His term would have expired on December 31, 2004. The City Council accepts his resignation, and thanks him for his service to the residents of Lake Elmo. Motion , Second , to accept the resignation of Planning Commissioner Jeff Berg, and to send a Letter of appreciation for his contributions to the residents of the City of Lake Elmo. Jim Van Pelt became a Full Voting Member of the Planning Commission in May, 2004, taking over the term of Julie Bunn that expires December 31, 2006. The City Council accepts his resignation and thanks him for his service to the residents of Lake Elmo. Motion , Second , to accept the resignation of Planning Commissioner Jim Van Pelt, and to send a letter of appreciation for his contributions to the residents of the City of Lake Elmo. The Planning Commission now has seven Full Voting Members, and two alternates. First Alternate Planning Commissioner Thomas Meldahl would like to remain as an Alternate Member through the summer. Second Alternate Planning Commissioner Charlie Schneider should be appointed as a Full Voting Member to finish the term of Jeff Berg that expires on December 31, 2004. Motion , Second the Planning Commission. . to appoint Charlie Schneider as Full Voting Member of The Planning Commission now has two openings (one Full Voting Member and one Alternate Member) and three applications on file. Those applicants are Gloria Knoblauch, LeRoy Rossow, and Thomas Armstrong. Staff requests direction for advertising for and/or interviewing applicants. August 20, 2004 To: City of Lalce Elmo Mayor & City Council From: Jeff Berg RE: Resignation from the Planning Commission I hereby submit my resignation from the City of Lake Elmo Planning Commission. It has been a pleasure to be able to serve on the Planning Commission for the past 8+ years. I wish you well in continuing efforts to preserve the rural character of the City of Lake Elmo. Sincerely, Jeffrey J. Berg P.S. Get that Old Village Plan complete! P.P.S. Keep the website up to date so I can stay current on City of Lake Elmo news! RECEIVED tie CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004-074 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 213, 214, DD230, 26061 through 26074,were used for Staff payroll dated August 19, 2004,Claim Numbers 215, 216, DD 231, 26076 through 26086 were used for staff dated September 02, 2004 , Claim 26075, 26087 through 26152 in the total amount of $379805.01 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 7th day of September, 2004. Lee Hunt Mayor ATTEST: Martin J. Rafferty City Administrator Accounts Payable Computer Check Proof List User: administrator Printed: 09/02/2004 - 12:00 PM Invoice No Description PRJN-G OF MARE Amount Payment Date Acct Number Vendor:ALERTALL Alert -All Check Sequence: 1 4080195 Fire Prev. materials - hats, booklets 902.76 09/07/2004 101-420-2220-42090 Check Total: 902.76 Vendor.AmeriMar AmeriMark Direct Check Sequence: 2 10862 Recycling materials 485.42 09/07/2004 101-430-3200-44300 Check Total: 485.42 Vendor:AMERTEST American Test Center Check Sequence: 3 2042580-IN Fire track 3175 tested 495.00 09/07/2004 101-420-2220-44040 Check Total: 495.00 Vendor.ANCOM ANCOM COMMUNICATIONS, INC. Check Sequence: 4 39200 Updated equipment 3,398.27 09/07/2004 101-420-2220-43230 Check Total: 3,398.27 Vendor:ARAM Aramark Check Sequence: 5 629-5528661 Cleaning supplies for City Hall 46.68 09/07/2004 101-410-1940-44010 629-5537878 Cleaning supplies for City Hall 46.68 09/07/2004 101-410-1940-44010 Check Total: 93.36 Vendor:ATTWI AT&T Wireless Check Sequence: 6 023-2750230 Floater phone - FD 20.47 09/07/2004 101-420-2220-43210 Check Total: 20.47 Vendor:AVAYA AVAYA Inc. Check Sequence: 7 2719182861 Monthly telephone maint. 150.36 09/07/2004 101-410-1940-44040 Reference ACH Enabled: No ACH Enabled: No ACH Enabled No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (09/02/2004 - 12:00 PM) Page 1 Invoice No VendOI:BAHR01 ROAD DEP. 3583 Vendor:CARPEN 79348 VendorCENTPOW 291573 VendorDENOMA REFUND VendorDWINC 1025 Vendor:ELMOLUM 0126316 0126545 Description Check Total: Bahr Construction Returned Rd. Dep. -Permit 3583 Check Total: Carpenter's Small Engine Chain Saw, Vent. Kit Check Total: Century Power Equipment Engine Oil Check Total: Michael & LindaDenoma Variance Fee Refund Check Total: D.W. INC. Husqvama String Trimmer Check Total: Elmo's Lumber & Plywood Bolts, Nuts, Floor Dry Supplies Check Total: VendorEMERGAPP Emergency Apparatus Maint 18872 Eng. 3183 - dead trans. key pad Check Total: Vendor.FARNPLN 1019093 1068605 Vendor:FOUR 23-037148 Farm Plan Purchase - Polfus Purchase - Polfus Check Total: Four Seasons Service Supplies - City Hall Amount Payment Date Acct Number 150.36 Check Sequence: 8 1,000.00 09/07/2004 803-000-0000-22900 1,000.00 Check Sequence: 9 1,151.74 09/07/2004 101-420-2220-45800 1,151.74 36.64 09/07/2004 36.64 Check Sequence: 10 101-430-3100-42150 Check Sequence: 11 620.00 09/07/2004 803-490-9070-44300 620.00 Check Sequence: 12 51.55 09/07/2004 101-450-5200-44040 51.55 14.45 09/07/2004 19.36 09/07/2004 33.81 Check Sequence: 13 101-450-5200-42230 101-420-2220-42230 Check Sequence: 14 2,142.95 09/07/2004 101-420-2220-44040 2,142.95 58.00 09/07/2004 47.89 09/07/2004 105.89 Check Sequence: 15 101-450-5200-44040 101-450-5200-44040 Check Sequence: 16 29.60 09/07/2004 101-410-1940-44300 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Fvallied: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (09/02/2004 - 12:00 PM) Page 2 Invoice No Description Check Total: Vendor:FXL FXL, Inc. September 2004 Assesing Svcs for 09/2004 Check Total: V endor: GENESIS Next Genesis Productions IVC00070 Firebox update and e-mail IVC00070 Fax Modem IVC00070 PW Printer fixed IVC00070 Monitor installed IVC00086 Repair wireless Check Total: VendoI:GWIIIZ G-Whiz Lettering, Inc. 3549 Hats and shirts - Fire Dept. Check Total: Amount Payment Date Acct Number 29.60 1,700.00 09/07/2004 1,700.00 Check Sequence: 17 101-410-1550-43100 Check Sequence: 18 125.00 09/07/2004 101-410-1520-43180 106.50 09/07/2004 101-410-1520-43185 50.00 09/07/2004 101-430-3100-44040 25.00 09/07/2004 101-410-1910-44300 50.00 09/07/2004 101-410-1520-43180 356.50 Check Sequence: 19 767.00 09/07/2004 101-420-2220-44170 767.00 VendorH&LMESAB H&L Mesabi Check Sequence: 20 62793 29 Replacement Blades 2,709.84 09/07/2004 101-430-3100-42210 Check Total: 2,709.84 Vendor:HAWKINS Hawkins Chemical Check Sequence: 21 641451 Hydrofluosilicic Acid 325.65 09/07/2004 601-494-9400-42160 Check Total: 325.65 Vendor:Johnson Johnson Construction Check Sequence: 22 09/2004 Rental - Storage Unit #12 90.00 09/07/2004 101-420-2220-44120 Check Total: 90.00 Vendor.LEAGMN League of MN Cities Check Sequence: 23 1-000018421 Event - for Lee Hunt and Steve DeLapp 630.00 09/07/2004 101-410-1110-44370 1-000018452 Event - for Susan Dunn 315.00 09/07/2004 101-410-1110-44370 1-000018452 Event - for Marty Rafferty 230.00 09/07/2004 101-410-1320-44370 1-000018452 Event - for Chuck Dillerud 315.00 09/07/2004 101-410-191044370 Check Total: 1,490.00 VendorLEOIL Lake Elmo Oil, Inc. Check Sequence: 24 501203 Fuel -FD 288.18 09/07/2004 101-420-2220-42120 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (09/02/2004 - 12:00 PM) Page 3 Invoice No S01208 Vendor:LESCO 11347338 VendorLINDVENN 287691-0840 Vendor:MALMQ CLAIM TRAVEL EXP. CLA WOODBURY DAYS Vendor:MARONEYS 055321 055321 055321 Vendor.MENARDSO 49526 52631 Vendor.MENARDST 10596 Vendor.METCOU Q4 Cost All. Vendor:METROCA 01744794 Description Fuel - Parks Check Total: Lesco, Inc. Strip paint Check Total: Lindquist & Vennum Check Total: GregMalmquist Reimbursement for April, May, June, July Intl Fire Chiefs Conference Registration for Woodbury Days Toumamen Check Total: Maroney's Sanitation, Inc Refuse - Parks Refuse - City Hall Refuse - City Garage Check Total: Menards - Oakdale For PW Lock Keys Check Total: Menards - Stillwater Washer fluid and batteries for FD Check Total: Metropolitan Council Q4 Cost Allocation Check Total: Metrocall Inc. Fire Dept. AP - Computer Check Proof List (09/02/2004 - 12:00 PM) Amount Payment Date 36.05 09/07/2004 324.23 97.45 09/07/2004 97.45 735.35 09/07/2004 735.35 200.00 09/07/2004 600.00 09/07/2004 90A0 09/07/2004 890.00 183.96 09/07/2004 95.89 09/07/2004 95.89 09/07/2004 375.74 39.04 09/07/2004 17.97 09/07/2004 57.01 50.99 09/07/2004 50.99 9,058.40 09/07/2004 9,058.40 83.21 09/07/2004 Acct Number Reference 101-450-5200-42120 Check Sequence: 25 101-450-5200-42250 Check Sequence: 26 101-410-1940-43020 Check Sequence: 27 101-420-2220-43210 101-420-2220-43310 101-420-2220-44330 Check Sequence: 28 101-450-5200-43840 101-410-1940-43840 101-430-3100-43840 Check Sequence: 29 101-430-3100-42150 101-420-2220-42400 Check Sequence: 30 101-420-2220-44300 Check Sequence: 31 602-495-9450-44300 Check Sequence: 32 101-420-2220-43210 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 Check Total: Vendor:MILLEREX Miller Excavating, Inc. 9782 Grading on 07/08 and 07/22 Check Total: Vendor.MNDOH 1820009 Vendor:MUSCO 114204 Vendor.NEXTEL 761950227-017 761950227-017 761950227-017 761950227-017 Vendor.NORTHTOO 0561023792 0562024267 Vendor:NORTHTS 24-9281 Vendor:PELNAR August 2004 Vendor:PLUNKETT 389440 MN Department of Health Community Water Supply Svc. Cont. Fee Check Total: Musco Sports Lighting, LLC Lights for Baseball field -remaining bal. Check Total: Nextel Communications Cell Phones - Office Cell Phone - Jim McNamara Cell Phones - PW Cell Phones - Mike B. Check Total: Retail ServicesNorthem Tool & Equipment Rotating Beacon Mag. Load Binder, 8" wedge Check Total: Northern Traffic Supply Inc. 4 Stop signs, 8 4-way signs Check Total: KathiPelnar Animal Control for August 2004 Check Total: Plunkett's Pest Control Monthly Extermination - August Check Total: Amount Payment Date Acct Number 83.21 1,000.88 09/07/2004 1,000.88 Check Sequence: 33 101-430-3100-43150 Check Sequence: 34 816.00 09/07/2004 601-494-9400-43820 816.00 Check Sequence: 35 16,784.37 09/07/2004 404-480-8000-45300 16,784.37 208.20 09/07/2004 32.64 09/07/2004 355.11 09/07/2004 16.32 09/07/2004 612.27 53.24 09/07/2004 62.80 09/07/2004 116.04 Check Sequence: 36 101-410-1940-43210 101-420-2400-43210 101-430-3100-43210 101-450-5200-43210 Check Sequence: 37 101-430-3100-42400 101-430-3100-42150 Check Sequence: 38 323.76 09/07/2004 101-430-3100-42260 323.76 Check Sequence: 39 801.99 09/07/2004 101-420-2700-43150 801.99 55.38 09/07/2004 55.38 Check Sequence: 40 101-410-1940-44010 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (09/02/2004 - 12:00 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference Vendor:POLFUS Polfus Implement, Inc Check Sequence: 41 ACH Enabled: No 1019871 New fuel shut-off solenoid installed 359.76 09/07/2004 101-450-5200-44040 Check Total: 359.76 Vendor:PRESS StevenPress Check Sequence: 42 ACH Enabled: No 8/17 - 8/23 Cable Operator - 08/17, 08/23 80.00 09/07/2004 101-410-1320-44300 Check Total: 80.00 Vendor:QWEST Qwest Check Sequence: 43 ACH Enabled: No 651714-2209 456 Hudson Lift Station 36.20 09/07/2004 602-495-9450-43210 Check Total: 36.20 Vendor.RAKIND RAK Industries Check Sequence: 44 ACH Enabled: No 293473 Safety cans 314.95 09/07/2004 101-430-3100-42210 293473 Safety cans 314.95 09/07/2004 101-450-5200-42210 Check Total: 629.90 Vendor:ROGERS Rogers Printing Services Check Sequence: 45 11758 3rd Edition Newsletters 1,117.19 09/07/2004 101-410-1320-43090 11795 Forms And Envelopes for water bills 200.22 09/07/2004 601-494-9400-42030 Check Total: 1,317.41 Vendor:RUD DianePrince-Rud Check Sequence: 46 8/16-8/26 Cleaning City Hall 360.00 09/07/2004 101-410-1940-44010 8/16-8/26 Cleaning Fire Dept. 360.00 09/07/2004 101-420-2220-44010 8/16-8/26 Cleaning Supplies 27.32 09/07/2004 101-410-1940-42110 Check Total: 747.32 Vendor.SATELLIT Satellite Shelters, Inc. Check Sequence: 47 24180612 Mobile office 08/19-09/15 319.50 09/07/2004 101-420-2400-44120 Check Total: 319.50 Vendor.SEH 0118992 Short Elliott Hendrickson, Inc Trail plan dev. - for 07/01-07/31 Check Total: Check Sequence: 48 5,600.00 09/07/2004 404-480-8000-43050 5,600.00 Vendor:STILLGAZ Stillwater Gazette Check Sequence: 49 00003695 Notice for 08/09 Meeting 14.70 09/07/2004 101-410-1320-43510 00003701 Election Filing Notice 25.20 09/07/2004 101-410-1320-43510 ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (09/02/2004 - 12:00 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference 00003721 Assessment Hearings 168.00 09/07/2004 101-410-1320-43510 00003722 Public Hearing Notice, Denoma Variance 25.20 09/07/2004 101-410-1320-43510 00003724 CIP Bonds Hearing Notice 27.30 09/07/2004 101-410-1320-43510 00003726 Assessment Hearings 168.00 09/07/2004 101-410-1320-43510 00003729 Ordinance 97-137 147.00 09/07/2004 101-410-1320-43510 00003731 Hearing Notice 21.00 09/07/2004 101-410-1320-43510 Check Total: 596.40 Vendor.Streiche STREICHER'S Check Sequence: 50 ACH Enabled: No I210294 Name tags - apt Cohen 21.30 09/07/2004 101-420-2220-44170 Check Total: 21.30 Vendor. SUNSET Sunset Printing $ Adv. Spec.Co Check Sequence: 51 ACH Enabled: No 55699 Imprinted Supplies 197.72 09/07/2004 101-420-2220-42090 Check Total: 197.72 Vendor.SUNTURF Sun Turf, Inc. Check Sequence: 52 ACH Enabled: No 4060099-00 Drag Mat 436.65 09/07/2004 101-450-5200-42250 Check Total: 436.65 Vendor:TASCH T.A. Schifsky & Sons Check Sequence: 53 ACH Enabled: No 33867 Asphalt 46.41 09/07/2004 101-430-310042240 33893 Asphalt 47.05 09/07/2004 101-430-3100-42240 Check Total: 93.46 Vendor:TESSMAN Tessman Company Check Sequence: 54 8053733-IN Weed Killer 338.20 09/07/2004 101-450-5200-42160 8053733-IN Chalk 25.30 09/07/2004 101-450-5200-42250 Check Total: 363.50 Vendor.TKDA TKDA, Inc. Check Sequence: 55 200400000622 VFWBallfield Lights 396.06 09/07/2004 404-480-8000-43030 200400000623 Reviews, Meetings, Reimb 2,415.02 09/07/2004 101-410-1930-43030 200400000623 Planning, Concepts, Reviews - City Hall 8,596.78 09/07/2004 410-480-8000-43030 200400000623 Heritage Farmes Water Service Repair 152.21 09/07/2004 601-494-9400-43030 200400000623 Street Project/Budget, Paving 1,217.70 09/07/2004 409-480-8000-43030 200400000623 Winkle Pump Claim 50.74 09/07/2004 602-495-9450-43030 200400000623 Carriage Station,Whistling Vly,Tapestry 2,384.66 09/07/2004 803-490-9070-43030 200400000623 Ponds 937.33 09/07/2004 603-496-9500-43030 200400000624 Meetings 200.00 09/07/2004 101-410-1930-43030 AP - Computer Check Proof List (09/02/2004 - 12:00 PM) ACH Enabled: No ACH Enabled: No Page 7 Invoice No Description Amount Payment Date Acct Number Reference 200400000625 Hill Trail Valley 1,967.47 09/07/2004 409-480-8000-43030 200400000626 Surface Water Mgmt Plan 1,774.58 09/07/2004 603-496-9500-43030 200400000627 2004 Overlays 101.48 09/07/2004 409-480-8000-43030 Check Total: 20,194.03 Vendor.TRKUTI Truck Utilities Check Sequence: 56 0130849 Mudflaps 37.28 09/07/2004 101-430-3100-42210 Check Total: 37.28 Vendor.VISA Visa Check Sequence: 57 Acct. 9777 Sensible Land Use - Ch. Dillerud 40.00 09/07/2004 101-410-1910-44370 Acct. 9777 Sensible Land Use - M. Rafferty 40.00 09/07/2004 101-410-1320-44370 Acct. 9785 PW Software 149.95 09/07/2004 101-430-3100-44300 Check Total: 229.95 ACH Enabled: No ACH Enabled: No Vendor: WAS -LAND Washington County Surveyor Check Sequence: 58 ACH Enabled: No 1004562 2004 Plat Book 28.76 09/07/2004 101-410-1910-44350 Check Total: 28.76 Vendor. WAS-REC Washington County Recorder Check Sequence: 59 ACH Enabled: No 1174 Resolution 2000-041 19.50 09/07/2004 101-410-1320-44300 Check Total: 19.50 Vendor: WORKWELL Workwell Occupational Health Check Sequence: 60 ACH Enabled: No 057919 FD Physicals 733.00 09/07/2004 101-420-2220-43050 Check Total: 733.00 Vendor.XCEL Xcel Energy Check Sequence: 61 ACH Enabled: No 0044-445-749239 Softball Field 142.09 09/07/2004 101-450-5200-43810 0073-736-544230 Street Lights at 3014 Janiley Ave 23.13 09/07/2004 101-430-3160-43810 0084-044 646238 4259 Jamaca 146.60 09/07/2004 101-430-3100-43810 0176-825-022238 Traffic Lights I94&Inwood 19.33 09/07/2004 101-430-3160-43810 0417-949-252239 City Hall 338.22 09/07/2004 101-410-1940-43810 0446-544-592238 Traffic Lights Manning/Stillwater 23.36 09/07/2004 101-430-3160-43810 0573-240-678238 11194 Upper33rd 33.47 09/07/2004 101-450-5200-43810 0592-147-254239 Pebble Park 13.64 09/07/2004 101-450-5200-43810 0614-943-270238 Traffic at 998 Inwood 30.10 09/07/2004 101-430-3160-43810 0777-146-175238 Tennis Courts 17.50 09/07/2004 101-450-5200-43810 1278-842-757239 3303 Langley Ct N 679.77 09/07/2004 601-494-9400-43810 1427-822-590239 8860 Hudson Blvd 42.43 09/07/2004 602-495-9450-43810 AP - Computer Check Proof List (09/02/2004 - 12:00 PM) Page 8 Invoice No Description Amount Payment Date Acct Number Reference 1577-643-354238 Fire Dept 150.37 09/07/2004 101-420-2220-43810 1684-846-045237 2759 Legion Ave 11.56 09/07/2004 602-495-9450-43810 1808-181-287238 3675 Layton Ave N 4.48 09/07/2004 101-450-5200-43810 1957-348-187238 11062 34th St. N 13.29 09/07/2004 602-495-9450-43810 2175-049-940238 3511 Laveme Ave N 47.79 09/07/2004 101-450-5200-43810 Check Total: 1,737.13 Vendor:XCELNSP Xcel Energy Check Sequence: 62 3675 LAYTON AVE Wire overhead service at 3675 Layton Ave 12,20537 09/07/2004 404-480-8000-45300 Check Total: 12,205.37 Vendor:YOUTHS The Youths Safety Company Check Sequence: 63 73194 Fire prey. materials 562.78 09/07/2004 101-420-2220-42090 Check Total: 562.78 Total for Check Run: 96,886.80 Total Number of Checks: 63 ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (09/02/2004 - 12:00 PM) Page 9 Lake Elmo City Council Agenda Section: CONSENT AGENDA No 4C. September 7, 2004 Agenda Item: Resolution No. 2004-078, Approving Partial Payment No. 4 to T.A. Schifsky for Hill Trail North and 50th Street Reconstruction. Background Information for September 7, 2004 In his memo dated September 1, 2004 the City Engineer reported T.A. Schifsky has completed the final siding repair work and the project will be completed the week of September 6, 2004. The City Engineer recommends approval of Partial Payment No. 4 to T.A. Schifsky in the amount of $77,893.32. This pay request covers the wearing course paving and initial turf establishment work done last spring. Action Items: Motion/Second - to adopt Resolution No. 2004-078 Approving Partial Payment No. 4 in the amount of $77,893.32 for Hill Trail North and 50th Street North Reconstruction to T.A. Schifsky, verified by the City Engineer's memo dated September 1, 2004. Person responsible: S. Lumby CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004-078 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 4 TO T.A. SCHIFSKY FOR HILL TRAIL NORTH AND 50TH STREET NORTH BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 4 in the amount of $77,893.32 to T.A. SCHIFSKY for work completed on Hill Trail North and 50'h Street North, verified by the City Engineer in his memo dated September 1, 2004. ADOPTED, by the Lake Elmo City Council the 7th day of September, 2004. Lee Hunt, Mayor ATTEST: Martin J. Rafferty, City Administrator PP#4Schifsky SEP-02-2004 12:55 TKDA 651 292 0083 P.01 TICIDA ENGINEERS • ARCHITE-th • PLANNERS September 1, 2004 Honorable Mayor and City Council City of Lake Elmo, Minnesota Res; Hill Trail North and 50th Street North Street Reconstruction City of Lake Elmo, Minnesota TKDA Commission No. 12170-03 Dear Mayor and City Council: 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101.21411 (951) 292.4400 (551) 292-0083 Fez www.tkda.com The contractor is completing the final sodding repair work this week. We expect the project to be complete by next week. This pay request covers the wearing course paving and initial turf establishment work done last spring. City Council Action Requested Approve Partial Payment No. 4 in the amount of $77,893.32. Sincerely, Thomas D. Prew, P.E. Project Manager TDP;mrk Ail Employee Owned GIMPY Womollna AtfrmaWeAction and Equal Opportunity SEP-02-2004 12:56 TKDA 651 292 0003 P.02 TKDA O+iGMEER9 • ARGHITEGIS • PLANNER S Comm. No_ 12170-02 Cert. No. 4 St. Paul, MN, August 30 To City of Lake Elmo_ Minnesota This Certifies that T.A. Schi£skv & Sons. Inc. For Hill Trail North and 50th Street North Street Reconstruction Is entitled to Seventv-Seven Thousand Eight Hundred Ninetv-Three Dollars and 32/100 -- ($77,893.32 being 4th estimate for partial payment on contract with you dated August 8 Received payment in full of above Certificate. Contract price phis extras All previous payments Ailprevbbuz credits Extra No. Change OtderNo. 1 lir Credit No. T.A, Schifsky & Sons, Inc , 20 Thomas D. Prew, TKDA 1500 PlparJafray Plaza 444 Cedar street salat Pauli/Main-Stria (651) 292.4400 (651) 292.0089 Fax www.tkda.com .20 04 Owner _ _, Contractor 2003 RECAPITULATION OF ACCOUNT CONTRACT PLUS EXTRAS PAYMENTS CREDITS $ 401,646.35 AMOUNT OF THIS CERTIFICATE Totals Credit Balance There will remain unpaid on contract after paymmnt of this Certificate 10,464.87 $ 334,988.16 $ 77,893.32 $ $ 412,111.22 $ 412,881.48 $ .22 $ (770.26) $ 412,111.22 1 $ An Employee Owned Company PromotingNilo' at/vcACdon and EqualOppofonity SEP-02-2004 12:56 TKDA 651 292 0003 P.03 TKDA Engineers -Architects -Planners Saint Paul, Minnesota 55101 PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No. 4 Period Ending Aueust 26 20 04 Page 1 of 1 Comm. No. 12170-02 Contractor T. A. Schifskv & Sons Original Contract Amount $401.646.35 Project Hill Trail North and 50th Street North Street Reconstruction Location City of Lake Elmo. Minnesota Total Contract Work Completed 5 424,147.21 Total Approved Credits $ 0.00 Total Approved Extra Work Completed (Change Order No. 1) $ 10.464.87 Approved Extra Orders Amount Completed $ 10,464.87 Total Amount Earned This Estimate $ 434,612.08 Less Approved Credits $ 0,00 Less 5 % Retained $ 21,730.60 Less Previous Payments 5 334,988.16 Total Deductions $ - 356,718.76 Amount Duo This Estimate Contractor Enginee Thomas D. Pr6w, P.B. Inc. $ 77,893.32 Date Date Almost 30. 2004 SEP-02-2004 12:5G TKDA 651 292 0063 P.04 ESTIMATE NO. 4 PERIOD ENDING: AUgM6t 26, 2004 HILL TRAIL NORTH AND BOTH STREET RECONSTRUCTION CITY OF LAKE ELMO, MINNESOTA COMMISSION NO.12170-02 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE HILL TRAIL NORTH AND NTH STREET RECONSTRUCTION 1 MOBILIZATION LS 1.0 1.0 $ 19,000.00 $ 19,000,00 2 CLEARING TR 25.0 26.0 $ 10020 $ 2,500.00 3 GRUBBING TR 25.0 252 $ 100.00 5 2,500,00 4 REMOVE SEWER PIPE (STORM) LF 250.0 357,0 $ 12.00 $ 4,264.00 5 REMOVE CONCRETE DRIVEWAY SY 60.0 83.66 5 3.10 $ 259.41 6 REMOVE BIT SURFACE SY 13,700.0 13525.40 $ 120 $ 13,525.48 7 REMOVE BURIED DEBRIS CY 150.0 $ 26.25 $ - 8 REMOVE CATCH BASIN FA 3.0 5.0 $ 376.00 $ 1,875.00 9 SALVAGE PLATE BEAM GUARD RAIL LF 100.0 - $ 4.70 $ - 10 SAW CUT BITUMINOUS PAVEMENT LF 750.0 780.0 $ 3,00 $ 2,340.00 11 SAW CUT CONCRETE PAVEMENT LF 80.0 98.0 S 4,00 $ 384,00 12 COMMON EXCAVATION (P) CY 6,563.0 5,563,0 $ 6.30 $ 35,046,90 13 COMMON EXCAVATION FOR POND CY 400.0 400,0 $ 6.30 $ 2,52020 14 SUBGRADE EXCAVATION CY 2,000,0 366.1 $ 6,30 $ 2,306.a3 15 TOPSOIL BORROW (LV) CV 200,0 256.0 $ 14.20 $ 3,633,20 16 COMMON LABORERS HR 20.0 - $ 65.00 $ - 17 WATER FOR DUST CONTROL MGAL 40.0 10,50 $ 26.00 $ 262.50 18 AGGREGATE BASE GLASS 6 , TN 11,000.0 10,964.34 $ 9.00 $ 96,679.06 19 SAWED/SEALED JOINT LF 1,775.0 - 5 1.55 $ - 20 4" THICK BITUMINOUS PATCH SY 50,0 $ 19.50 $- 21 TYPE LV AGED. 4 WEARING COURSE TN 1,370.0 1,266.50 $ 36.00 $ 46,314.00 22 TYPE LV AGE. 3 NON -WEARING COURSE TN 1,830,0 1,43845 5 35.50 $ 51,004.98 23 TYPE LVAGG. 4 WEARING COURSE 2° THICK FOR DRIVEWAY SY 405.0 1,283.0 $ 15.00 $ 18,245.00 24 BITUMINOUS MATERIAL FOR TACK COAT GAL TOGA 5.0 $ 1.25 $ 6.25 25 12 CMP CULVERT INCL END APRON LF 38,0 30.0 $ 2625 S 787,50 26 12' RC PIPE SEWER CLASS V DESIGN 3006 LF 296.0 370.0 $ 42.00 $ 15,540.00 27 15" RC PIPE SEWER CLASS V DESIGN 3006 LF 135.0 603.0 $ 33.60 $ 20,260.80 28 18" RC PIPE SEWER CLASSV DESIGN 3006 LF 32.0 71.0 $ 52.50 $ 3,727,50 29 12" RC PIPE APRON EA 7.0 11.0 $ 525.00 $ 6,775.00 30 18' RC PIPE APRON EA 3.0 4,0 $ B58.00 $ 2,624.00 31 CONSTRUCT CATCH BASIN DESIGN 40210 EA 8.0 12.0 $ 1,630.00 $ 20,160.00 32 CONSTRUCT SURFACE DRAIN 24' EA 1.0 1.0 $ 767.60 $ 767.50 33 CONSTRUCT STORM SEWER MH DESIGN 48" EA 3.0 1.0 $ 1275A0 3 1,575.00 34 D412 CONCRETE CURB AND GUTTER LF 300,0 250.0 $ 12.60 $ 3,150.00 35 6° BITUMINOUS CURB LF 150.0 63.0 $ 8,00 $ 664A0 36 INSTALL SALVAGED STEELPLATE BEAM GUARD RAIL - INCLUDING NEW POSTS AS NECESSARY LF 100.0 87.2 $ 17.80 $ 1,652.16 37 INSTALL TWISTED EN07REATMENT EA 2.0 2.0 $ 1,417.50 $ 2,835,00 38 6" CONCRETE DRIVEWAY PAVEMENT SY 103.0 90.16 $ 50.40 $ 4,545,07 39 FLAG PERSON HR 420 69.0 $ 65,00 $ 4,465.00 40 4" DOUBLE SOLID LINE YELLOW -PAINT : LF 2,000,0 - $ 0.75 $ 41 INLET PROTECTION ATCE EA 10.0 11.0 $ 135.00 $ 1,485,00 42 SEEDING COMPLETE WITH TYPE 266 SEED MIXTURE SY 000.0 4,350.0 $ 0.90 $ 3,915.00 43 WOOD FIBER BLANKET TYPE II SY 000.0 4,350.0 $ 1.80 $ 7,830.00 44 SODDING TYPE 1 SY 2,000.0 2227.0 $ 2.60 3 6,235,60 SUBTOTAL ESTIMATE N0, 2 $ 413,082.34 ' CHANGE ORDER NO.1 1 FURNISH AND INSTALL RIP RAP CY 12.0 $ 36.33 $ 459.96 2 FURNISH, INSTALL, ANO MAINTAIN SILT FENCE LF 750.0 $ 1,86 $ 1,470.00 3 FURNISH AND INSTALL 6" PVC CULVERT LF 32.0 $ 26.63 $ 852.16 4 FURNISH AND INSTALL DIAMQND BLOCK RETAINING WALL LS 1.0 $ 1,207,90 $ 1,207,90 5 ADDITIONAL COST ABOVE UNIT PRICESTO INSTALLSTORM SEWER WORK ALONG BOTH STREET LS TOTAL CHANGE ORDER NO, 1 TOTAL ESTIMATE NO. 4 1.0 $ 6,474.85 $ 6.474.86 $ 10,464.87 $ 424,14721 Lake Elmo City Council 09-07-2004 Agenda Section: Finance No . 5A Agenda Item: Adoption of Proposed Levy Limit Background Information for September 07. 2004: Attached, Please find Resolution 2004-75 pertaining to the adoption of the proposed 2004 Tax Levy, collectible 2005 in the amount of $ 1.923.989. After the Budget Workshop conducted on August 31, 2004 with the full Council in attendance and a review conducted by the Finance & Judicial Council Committee, the recommended adjustments have been completed and the proposed Levy has been approved. Please note; the proposed amount certified to the County by September 15, 2004 cannot be increased however, the City does retain the authority to lower the Levy. Action Items: Motion to Adopt Resolution No. 2004-75 for Person responsible: the Proposed 2004 Tax Levy, collectible in 2005. Tom Bouthilet Attachments: Resolution 2004-75 CITY OF LAICE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2003-075 RESOLUTION APPROVING PROPOSED 2004 TAX LEVY, COLLECTIBLE IN 2005 BE IT RESOLVED by the Council of the City of Lake Elmo, County of Washington, Minnesota that the following proposed sums of money be levied for the current year, collectible in 2005, upon taxable property in the City of Lake Elmo, for the following purposes: Total Levy $ 1,923,989 BE IT RESOLVED that the City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Washington County, Minnesota. ADOPTED, by the Lake Elmo City Council on the 7th day of September, 2004. Lee Hunt Mayor ATTEST: Martin Rafferty City Administrator Lake Elmo City Council 09-07-2004 Agenda Section: Finance No . 5B Agenda Item: Set Truth n' Taxation Hearing Dates Background Information for September 07. 2004: The City conducts a Truth in Taxation Public Hearing for the 2005 General Fund Budget and the final 2004 Tax Levy, collectible in 2005. The time frame for these Hearing Date is between November 29th and December 20th and cannot be conducted on the same dates the County, School District and any other Special Taxing District holds there hearings. Due to the limited available dates, I suggest that the Council consider Monday December 6th at 7:00pm and a Continuation Hearing (if necessary) on Monday December 13th at 5:30 for the Truth in Taxation Public Hearings. Action Items: Motion to Adopt Resolution No. 2004-76 setting the Truth in Taxation Public Hearing dates for the 2004 Tax Levy and the 2005 Budget. Attachments: Resolution 2004-76 Person responsible: Torn Bouthilet CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004-076 A RESOLUTION SETTING THE TRUTH IN TAXATION PUBLIC HEARING DATES FOR 2004 TAX LEVY WHEREAS, the City is required to set public hearing dates for the truth in taxation hearing on the 2005 budget and tax levy; and WHEREAS, these dates cannot conflict with those dates for school districts within the City of Lake Elmo or Washington County; and WHEREAS, the City needs to set dates for the initial truth in taxation hearing date, and a proposed continuation hearing date should one be necessary. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the City of Lake Elmo has set December 6, 2004 at 7:00 p.m. as the initial truth in taxation public hearing date and December 13, 2004 at 5:30 p.m. as the continuation date for the truth and taxation public hearing, if necessary, and the final adoption of the levy and budget. ADOPTED, by the Lake Elmo City Council on the 7th day of September, 2004. Lee Hunt, Mayor ATTEST: Martin Rafferty, City Administrator Lake Elmo City Council Agenda Section: CITY ENGINEER' S REPORT No 8A. September 7, 2004 Agenda Item: Hill Trail Assessment Appeal, Resolution No. 2004-069, Adopting Assessment for the Reconstruction of Hill Trail North and 50th Street North. Background Information for Sentember 7, 2004 At the August 17th meeting, the Council tabled adoption of the assessment for the Reconstruction of Hill Trail/50th Street to allow the City Engineer and City Attorney to review the appeal of Roger Johnson and address the concerns stated in Bud Talcott's memo. Attached are the Engineer's recommendations and the response to Talcott's memo of August 17, 2004. The City Engineer recommends the adoption of Resolution 2004-069 adopting the assessment roll as amended. Action Items: Motion/Second - to adopt Resolution No. 2004-069 Adopting the Assessment roll, as amended (deleting parcels 04-029-21-33-0041 and 04-029-21-33-0030 adjacent to Roger Johnson's home) for the Reconstruction of Hill Trail N. and 50th Street N., verified by the City Engineer's memo dated September 1, 2004. Person responsible: T.Prew SEP-02-2004 12:57 TKDA 651 292 0083 P.06 TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: Lake Elmo City Council Copies To: From: Thomas D. Prew, P.E. Date: September 1, 2004 1500 PlparJattray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (051) 292-4400 (051) 292.0083 Fax www.tkda.com Reference: Hill Trail Assessment Appeal Parcels 05-29-21-33-024 and -026 City of Lake Elmo, Minnesota Comm. No. 12170-03 Routing: As shown on the attached sheets, Parcels 05-29-21-33-024 and 05-29-21-33-026 are in the interior area of the loop road of Hill Trail. These lots are combined and have frontage on an unimproved street right-of-way. We recommend these parcels be assessed, as they gain access from 50th Street North. There are a number of other properties on this project that have a similar situation and are being assessed. Maps are attached. An Employee Owned oomparry Promoting AMrmanveAction and Equal opportunity SEP-02-2004 12:58 ArcIMS Viewer TKDf G51 292 0083 P.07 BOST OS- Z9 z l ^ 3 .- oo z4 jOadnemid MIS hffn•/hs wur Aatafinriar nro/wmlhaiteinF Waehinomnfnnniv/Parrplc/Manpramr. htm 9/t/2004 SEP--02-2004 12:58 N1c11vA° v icwcy TKDR 651 292 0083 8.08 7821 1049 7051 7450 That $at0 8001 19J�"••ct.a,.w 05 v' 'Z c7't � 'G ( — .— 00 t c- ? OQ.-c.a. 14AISOA) , Both e012 C 7,H ,./Juncnc. Actn{•.nAa. nrnA .ahe4+./1117 nr..ol.;....♦....r....,,4../D..r..elo/hA'....C.......01.4... 0/1 M(VA SEP-02-2004 12:59 TKDFI 651 292 0003 ntct'VEQ A U& 1 t 2UU4 P.09 City Council of Lake Elmo City of Lake Elmo 3800 Laveme Avenue North Lake Elmo, MN 55042 Re: Hill Trail Street Assessment Notice of Objection for Parcei,D 029.21.33.0024-ect voe19 Dear Mayor Hunt and Council representatives, I recently received notice that the above listed parcel is proposed to be assessed for the Hill Trail Reconstruction Project. This note is to let you know that I object to the assessment because: 1. The parcel does not abut Bill Trail, 2. There is no road constructed into this property. 3. The value of this property has not been enhanced by the Hill Trail Reconstruction project. Thanks in advance for your consideration. If you have any questions or require additional information, please let me know. gar . •,.Cdice J. Johnson 804: Iy;*.�, North Lake MN 55042 SEP-02-2004 12l59 TKDA 651 292 0083 P.10 TKDA. ENGINEERS- ARCHITECTS • PLANNERS MEMORANDUM 3'0: Lake Elmo City Council Copies To: From: Thomas D. Prew, P.E Date: September 1, 2004 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Pahl, MN 55101.2140 (051) 202.4400 (551) 292.0088 Fax www,tkda.4dm Reference: Hill Trail Assessment Appeal Parcels 04-029-21-33-041 and -030 City of Lake Elmo, Minnesota Comm. No. 12170-03 Routing: As shown on the attached sheets, Parcels 04-029-21-33-041 and 04-029-21-33-0030 are adjacent to Mr. Johnson's current home. These properties will be, or have already been, combined. We recommend these parcels not be assessed, as they are small and will be combined with another parcel that is being assessed. Maps are attached. An Employee Owned Company Pmmadnp Affirmative Action and Equal Op partanity SEP-02-2004 12:59 ArCIMS viewer TKDR 651 292 0083 P,11 sets 1 eost TiOtetg„ts�(yo tee`p tpus oses ilUk aq_o-zt.-0030 1Zo6 -t6 So m) httn'//www datafinrier nrn/weheite/1lP Wachinntnn/'niintj,/Ae,,,.A10/16g, 1'r,...A hfn oft hnnn SEP-02-2004 13:00 ArclrvMS viewer TKDA 651 292 00E13 P.12 • 4.5v 4 Vs wai sod Oft-bZ9"21-33-0o4'l'"' 10o,a Jo»+,vsaa w+a.,,ii..K.,... A,+nanAa...,r 6...al-. +..mx 1vin.s,:n.......r,.,...n.io.....e1mitt rtn..fl,.,,..w 1.4n. QIJ r/AAA SEP-02-2004 13:00 TKDR 651 292 0003 RECEIVED P.{1.33 �r \_ City Council of Lake Elmo City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Re: Hill Trail Street Assessment Notice of Objection for Parcel 04.029.21,33,00/1 and 04.029.21,33,0030 Dear Mayor Hunt and Council representatives, My home, is situated on a single-family lot, comprised of the above listed parcels. These parcels were combined as a condition of my purchase of parcel 04,029,21.33.0030last spring. X recently received notice that each parcel is assessed separately for Hill Trail Reconstruction, This note is to let you know that X object to the two assessments for my homesteaded property and would appreciate your reducing it to a single assessment r also object to the amount of the assessment as the value of my property has not been enhanced by the reconstruction project. Thanks in advance for your consideration. If you have any questions or require additional information, please let me know. Ro:"s'T/r'7 Candice ohnson 8048 Hill Trail North Lake Elmo, MN 55042 SEP-02-2004 13:00 TKDA 651 292 0083 P.14 TKDA ENGINEERS • ARCHITECTS • PLANNERS September 1, 2004 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: Response to Talcott Memo Hill Trail and 50th Street Reconstruction City of Lake Elmo, Minnesota TKDA Commission No. 12170-03 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101.2140 (651) 292-4400 (651) 292-0003 Fax www.tkda.com Dear Mayor and City Council: As requested, 1 have pi -pared a reply to the questions in Mr. Talcott's memo of August 17, 2004. Project Objective The purpose of this project was to reconstruct the streets in this neighborhood, An added benefit of reconstructing the streets, instead of overlaying them, was the ability to address many drainage issues. Road Elevation Preliminary plans were developed and presented with the Feasibility Report. Those preliminary street grades were closely followed through final design and construction. Some areas were lowered and some grades were raised. The street was laid out to match existing driveways and yards as closely as possible. The City has not experienced problems with bituminous curbs breaking down. Water Holding Areas Construction of the small stormwater pond on the City property which also holds a City -owned mound system was presented to the City Counoil in the Feasibility Report. That property was never, to my knowledge, envisioned to be a septic system area. The soils would not have supported a drainfield system, and a mound would have needed to be very small. An Employee OwnedCompanyPromogng AmrmativeAction and Equal Opportunity SEP-02-2004 13:01 TKDA 651 292 0083 P.15 Honorable Mayor and City Council City of Lake Elmo September 1, 2004 Page 2 Storm Drains The catch basins installed are not the City standard, They were chosen because of past problems with leaves covering and blocking the grated catch basins in this neighborhood. The Public Works foreman reviewed and approved this design. They have used them in other areas of the City. The Contractor will be re -sodding and adjusting the bituminous curb around the catch basins so they will blend in better, Grading and Sodding Small areas of dead sod will be replaced. I will check to make sure there is sufficient topsoil under them, I believe most areas of sod died because they were not watered during the drier periods of the summer. The Contractor has used a metal locater to find and remove turf staples. We will continue to watch for turf staples as we are completing work in the neighborhood. Sincerely, Thomas D. Prew, P.E. City Engineer TDP;jIs TOTAL P.15 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004-069 A RESOLUTION ADOPTING ASSESSMENT FOR THE RECONSTRUCTION OF HILL TRAIL NORTH AND 50TH STREET NORTH WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of Hill Trail North and 50th Street North in Lake Elmo, Minnesota. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is herby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2005, and shall bear interest at the rate of 5.75 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2001. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of he assessment on such property, with interest accrued to the date of payment, to the City of Lake Elmo, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City of lake Elmo the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 4. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED by the Lake Elmo City Council on the 7th day of September, 2004. Lee Hunt, Mayor ATTEST: Sharon Lumby, City Clerk Lake Elmo City Council September 7, 2004 Agenda Section: CITY ENGINEER'S REPORT No 8B. Agenda Item: Speed Study Results for Highlands Trail Background Information for Sentember 7.2004 Per the request of the Council, a 48-hour speed study was done on Highlands Trail. In his memo dated September 2, 2004 the City Engineer reported the speed study was done west of Highlands Court. The results of the study show that two thirds of the vehicles travel between 31 and 40 MPH. The posted speed limit is 30 MPH. In order to reduce the traffic speed, he recommends narrowing the street from 59th Street to Hytrail Avenue to 26 feet which would eliminate on -street parking. Person responsible: Action Items: T.Prew The City Engineer requests Council direction. SEP-02-2004 12:57 TKDA 651 292 0083 P.05 TK ENGINEERS•AAC ITEl;1S•PI.AAINE H � September 2, 2004 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: Speed Study Results Highlands Trail City of Lake Elmo, Minnesota TKDA Commission No, 11979-041 Theo Piper iatirdy Nan 444 Cedar Street Saint Paul, MN 56101.2140 (651) 292.4400 (65t) 292.0008 Fax www,tkda.00m Dear Mayor and City Council: As requested, a 48-hour Speed Study was done on Highlands Trail, The Speed Study was done west of Highlands Court, which should be where the highest rate of speed is assumed to be. Results of the Speed Study are listed in the table below: I Vehicles Per Day i Mean Speed (MPH) 1 85th Percentile Speed (MPH) I Vehicles> 35 MPH West Bound I East Bound 457 1 400 34 I 33 39 39 38.7% I 36.3% Total 857 1 33 39 37.5% The results are not too surprising. Two-thirds of the vehicles travel between 31 and 40 MPH. However, the posted speed limit is 30 MPH. lu order to reduce the overall traffic speed, we would recommend narrowing the street from 59th Street to Hytrail Avenue to 26 feet. This would eliminate on -street parking unless parking bays were built. A trail may also be necessary, as narrowing the' street would reduce the area for pedestrians. We do not believe that only widening at the intersections will reduce the overall speed of the traffic. A median would be difficult to install with the large number of driveways present. Thomas D. Frew, P. E. City Engineer TDP:nrrk An Employdo Owned Company Promoting Affirmative Action and Equal Oppanunlry Lake Elmo City Council Agenda Section: CITY ENGINEER'S REPORT No 8C. September 7, 2004 Agenda Item: 45th Street Pond Background Information for September 7. 2004 In his memo dated September 2, 2004 the City Engineer reported he received two quotes for repair of an erosion problem on City owned property on 45th Street. The quotes received were from Miller Excavating for $11,665.00 and Larson Contracting for $17,900.00. The City Engineer recommends accepting the quote from Miller Excavation for construction of the 45th Street Pond. Action Items: Motion/Second — to accept the quote from Miller Excavating for $11,665.00 for construction of the 45m Street Pond, per the recommendation of the City Engineer in his memo dated September 2, 2004. Person responsible: T.Prew SEP-02-2004 13:34 MDR 651 292 0083 P.01 TKDA ENGINEERS •ARCHI r ECIS • PLANNERS September 2, 2004 Honorable Mayor and City Council City of Take Elmo, Minnesota Re: 45th Street Pond City of Lake Elmo, Minnesota TKDA Commission No, 11979-041 1500 Piper 4attray Plan 444 Cedar Street Saint Paul, MN 55101-2140 (bb1) 292.4400 (051) 292-0083 Fax www.teda.00m Dear Mayor and City Council; We have received 2 quotes for repair of an erosion problem on the City owned property on 45th Street. I have attached a 1996 TKDA letter which describes the problem. Last fall the City graded this area to stop runoff from reaching the slope; however this caused an icing problem on 45th Street last spring. This project will create a pond, and pipe the water across 45th Street. The quotes received were front Miller Excavating for $11,665.00 and Larson Contracting for $17,900.00, City Council/Action Requested Accept the quote from Miller Excavating for $11,665.00 for construction of the 45th Street pond. Sine Thomas D. Pr City Engineer Attachments P. E. An Emprm/ee Owned Company Prompting Animrathe Action and E9 Opportuafy TKDA 651 292 0083 P.02 SEP-02-2004 13:34 August 16, 2004 MILLER EXCAVATING, INC. "FETE" MILLER Big or Small, We Do Them Aft!" (651) 439-1637 Fax (651) 439-1637 Attn,: Tom Prew, P.E. City of Lake Elmo 3900 Laverne Ave. N. Lake Elmo, MN 55042 Project; 451h St, pond Fax: 651.292-0093 Phone: 651.292-4463 email: pmillerexc@aol.com www,mlllerexc-com 3638 Stagecoach Trail No. r. Saw cut existing asphalt 2. Remove asphalt for new pipe across road 3. Grade new pending area with material on site 4, Install new 24" catch basin with drilled holes, per specs. dated 6/29/O4 5. Install new 12" CPP approx. 100 ft. 6, install new 12" flared end section without grate 7. Install rip rap outlet al flared end section 8. Install rip rap inlet at catch basin 9. Install Neenah R-4342 casting 10. Blacktop flume from street to pond 11. Patch street in two 2" lifts of asphalt with 6" gravel base 12, install fiber blanket in pond area 13, Seed pond area with mix 268 14, Flagmen to be used during street work NOTES * No tree removal • No sign removal o No fence removal • No silt fence necessary • Surveying by engineer strnwater, Minnesota 65062 Bid Price $11,696.00 • Tapson from adjacent field 11 Site material to balance * No striping necessary • An work per plan dated 6/29/04 Steve St, Claire Miller Excavating, Inc. SEP-02-2004 13:34 TKDR 651 292 0093 P.03 A -A 957,0 (MIN.) B-B 45TH ST, $1 100' 12" CPP CB 1 EXTEND BIT,FLUME , TO POND 954,5± 20'± NEENAH R-4342 200' ± -A A MATCH EXIST, SIAESLOPES, BLANKET ALL EXPOSED AREAS, 24' CATCHBASIN DRILL 4-1" HOLES EVERY 6° ON TOP 3' RIM 956,5 INV 950,0 COMM. NO, 11979-041 LAKE ELMO, MINNESOTA 45TH STREET AND POND SEP-02-2004 13:35 TKDA 651 292 0093 P,04 PATCrk 6TRcft ?a'` Cc-5 i3Ms£ sIT mwe�R ,-1001-12bPPOUpLWALL W/ApRol4 II 11 II II II II (I MATERIAL ONS\TE; 1\03057 GRADE-5 R5 NEC.tAfi , 2. PLACE F ZIA $+atr / AgO US E Secc M\X 2.‘0e, (witg. sc r: uo) 3- PRov1oE FL1\GsER 17uR,tmG, ALL &CREE-7- 4oRK: SEP-02-2004 13:35 TKDA 651 292 0083 P.05 TKDA ENGtNEERS•ARCHITECTS•PLANNERS February 2,1996 Honorable Mayor and City Council Lake Elmo, Minnesota Re; Drainage Concem at Lake Jane Trail and Jane Road Lake Elmo, Minnesota Commission No. 9150-960 T0LT2, KING, DUVALL, ANDERSON AND ASSOOIATED, INCORPORATED 1500 PIPER JAFFMY PLAYA 444CEOARLTREE7 SAINT PAUL MINNESOTA 6610121.0 P140NES12414-9400 PAOM2/2220003 Dear Council Members: At the rezoning hearing for the proposed Public Works facility, residents on Jane Road complained about a drainage problem that had been alleged to have been going on since 45th Street was constructed itt 1984. The properties and owners alleged to be affected are James Friend at 9498 Jane Road and Pane Pettellis at 9436 Jane Road. The Council directed the. Engineer to investigate the situation. Background In 1984, the City awarded a construction contract to Forest Lake Contracting for the reconstruction of 45th Street. Julep Avenue, and 47th Street from Jane Road to Keats Avenue. The contract called for a certain amount of fill soil to be furnished by the contractor. The contractor negotiated with John Berschens to obtain this soil from the powerline easement which was owned by Berschens but wasn't being tilled. This area is west of the Friend and Petreliis property and at a higher elevation. It is my recollection that no property east of the powerline was disturbed. Analysis Since we could not determine where the drainage breaks were by eye, we took some elevation shots on the Berschens property. The attached diagram shows that about 3 acres of Berschens property drains west while the remainder drains east. It is also interesting that the west edge of the powerline easement is about 10' - 15' lower than the east edge of the powerline easement. The land slopes gradually to the south but more steeply to the west. Friend owns Lot 1 and the south 1/2 of Lot 2. Petrellis owns Lot 3 and the north I/2 of Lot 2. The drainage nuts west toward Lake Jane on the comtnon line between these two properties. The property owners are concerned about erosion and that the drainage may affect a septic system. Solution Since the land gradually slopes to the south, a berm could be constructed on the west line of the powerline easement to direct the runoff to the 45th Street road ditch. The water would then run along the south line of Friend's lot to Jane Road. 'believe a berm was constructed by Forest Lake Contracting in 1984 but may have since been overtopped and eroded through. I will be meeting with the property owners Monday afternoon so 1 will have a report at the Council meeting. If the Berschen's site were sek.ited,ffa,igima'ublie Works facility, this berm could SEP-02-2004 13:36 TKDR 651 292 0083 P.06 honorable Mayor and City Council February 2, 1996 Page 2 be incorporated into the other site grading work to be done on the site, if the site is not chosen, the City will have to determine if it has any responsibility for regrading if erosion has since occurred. Sincerely, Larryb l ohrer, P,E. LDB/mha Enclosure 135,8 0)8.OD3 (may) N R g) twos) - \ 159. 16 245. OOx , _p 1p•OC at i a PI (0zla) 8t row 0r s B rays) CO z �' q`t3 ?as), 13 (A?yr) v 11 � /0-019-21-ZI-00/S Y 0 ro 0 N N 0 d W co • 77( A :1 ` \ . \ I i 7Ja. as7— a7&e- 0J2. •Jc4 54= .7j` 'GCS 7474 �, z x tr : t h• -; al .>Pr 1 • )1s •79-1 • 7B• a 94,2 a A I {ry . 6Y- .25-Y / wne ...N.)!•>yJ a ,s .„: .>yz L. L. . 6s= IY' 1 hot L .... d s62sT92. 16Db9 '7," >7y '�>� ir),y •>>� i 125' �b' 77s; i>fc 7� s • • ) •J • >f G 0 Jr 44 Gc? 45TN _ AVENUE NORTH ••S / J cc Lake Elmo City Council September 7, 2004 Agenda Section: Planning, Land Use & Zoning No. 9A Agenda Item: Zoning Ordinance Amendment — Family Entertainment Center Background Information for Sentember 7. 2004: As earlier suggested by the City Council the Planning Commission did, at their August 23 meeting, again consider a Zoning Ordinance text amendment regarding the addition of Family Entertainment Center (FEC) as an allowable use. Staff had published a Notice of Public Hearing in a timely manner to consider an amendment to the General Business (GB) zoning district text to allow a Family Entertainment Center (without building area limitation) in the GB zone as a Conditional Use. Following the Hearing (no testimony presented) the Commission adopted a Motion (5-3, Helwig, Johnson and Schneider opposed) to recommend amendment to the GB zone as proposed (as a Conditional Use) and the addition of "Family Entertainment Center" to the Definition Section — one Motion. The recommendation modifies the FEC definition to remove "indoor paintball" as a specific inclusion. The All three nay votes on the Motion specifically related to the exclusion of "indoor paintball" as a stated component of Family Entertainment Center in the definition. Those commissioners all stated that they believed that the decision as to whether participation in "indoor paintball" was appropriate should be that of the individual (parent) rather than the City. Attached are draft ordinances to amend the City Code as recommended by the Commission. Action items: 1. Motion to adopt Ordinance #97-1 amending the General Business District zoning ordinance text to include Family Entertainment Center as a Conditional Use. 2. Motion to adopt Ordinance #97 1 , adding a definition of "Family Entertainment Center to the City Code Attachments: 1. Draft Ordinance #97 - Amending General Business 2. Draft Ordinance #97 — Amending Definitions 3. Draft Planning Commission Minutes of August 23 4. City Council Minutes of August 4, 2004 Time Allocated: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97 — 1.38 AN ORDINANCE AMENDING SECTION 307.07 SUBDIVISION 4.K.3. AND 4. RELATING TO CONDITIONAL USES IN THE GENERAL BUSINESS ZONING DISTRICT Section 1. Amendment: Section 307.07, Subdivision 4.H.le. of the Lake Elmo Municipal Code is hereby amended to read as follow, to wit: e. Uses Permitted by Conditional Use Permit: (Amended Ordinance 97-20 on 10-21-97) Bed and Breakfast Facility Boarding Care Facility Day Care Centers Family Entertainment Centers Kennels Nursing Care Facility Open Sales Lots Manufacturing Veterinary Clinics General Business 15 Beds Maximum 15 Residents Maximum 40 Children Maximum 15 Residents Maximum Any industrial manufacturing operation in existence within the City at the effective date of this section, including manufacture of wood products and plastic products, may continue the use as a conforming use without a conditional use permit. Nothing in this provision shall otherwise be construed to require the City to authorize any manufacturing use in the general business zone after the effective date of this section. 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 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 97. .139 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, birthday party and family celebration rooms, indoor soccer/field hockey, children's adventure play _ - - -1 Deleted: , indoor paint ball 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. - ADOP 1'LD by the Lake Elmo City Council this day of 2004. Lee Hunt, Mayor Al ZEST: Martin Rafferty, City Administrator Lake Elmo Planning Commission Excerpt of Draft Minutes of August 23, 2004 PUBLIC HEARING: Amend Conditional Uses in the GB Zone — Family Entertainment Center The Planner said the City Council was not any more interested in a 47,000 square foot use for a Family Entertainment Center in the Limited Business Zone than was the Planning Commission. The Council had suggested that the General Business District zoning might be more appropriate for this use. Therefore he is presenting it as a Conditional Use in the GB Zone with no maximum square footage limitation. He read the definition provided by a buyer of land in the city. Commissioner Deziel noted that there is a big difference in LB vs. GB zoning. The Planner said there are 5 locations along the I-94 corridor and the entire Old Village of the city which are zoned General Business. A Family Entertainment Center could be placed in any building in the GB Zone should the now proposed amendment be adopted. Chairman Helwig reminded everyone that the Comprehensive Plan guides the property along I-94 mostly as Limited Business. Commissioner Sedro said that property along the interstate is unique in many ways. She asked why this would be a bad idea. The Planner said the typical suburban model zoning ordinance does not necessarily fit our city. Commissioner Schneider asked if a business can be limited to be smoke -free and alcohol -free as a Conditional Use Permit condition. The Planner said if the Commission approves the definition provided, then they don't have to deal with that limitation. It would already be a part of the definition of "Family Entertainment Center" Commissioner Deziel suggested eliminating, "a new generation" from the Family Entertainment Center definition proposed. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:42 P.M. Nobody offered testimony. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:43 P.M. Commissioner Sessing asked to remove the indoor paintball for safety reasons. M/S/P, Ptacek/Sessing, To recommend amendment of the zoning ordinance to include Family Entertainment Center as a Condition Use in the General Business Zone, and striking "indoor paintball" from the proposed definition of "Fancily Entertainment Center. Commissioner Johnson asked the Maker of the Motion if he would like to reconsider the indoor paintball to allow parents to make those choices for themselves and their families. Commissioner Schneider agreed. Commissioner Ptacek said he believes Council might strike that portion of it, so he will let it stand. Commissioner Sedro said the issues raised relative to size in Limited Business should be the same issues in GB if the city wants to keep out big box businesses. Lake Elmo Planning Commission Excerpt of Draft Minutes of August 23, 2004 2 The Planner said General Business is a more intense zoning district. If we are concerned about big boxes, a lot must be changed in the Zoning Ordinance. Commissioner Ptaeek said a Family Entertainment Center is too intense for Limited Business. He would be willing to consider it as a CUP in General Business. The Planner said this use is now non -conforming in those zones, and the CUP lives only through the property on which it is placed. Commissioner Sessing said this use is somewhat limited to scale by setbacks, etc. Commissioner Deziel asked the Maker to set aside the Motion. M/S/F, Johnson/Schneider, To amend the Motion to remove the reference to indoor paintball. VOTE: 3:4:1 (Deziel Abstain). VOTE on Original Motion: 5:3 Johnson, Helwig, and Schneider. All three Commissioners agree it is a parent's call not a city's call (to decide whether a child participates in paintball). Commissioner Ptacek said the Commission is in favor of the use in the zone but disagrees on the definition. M/S/P Johnston/Dunn — to amend the text in Section 302.02 Fence Materials, Subd. 3 — Chain Link or Cyclone Fences by striking "and shall be black or green in color". (Motion passed 3-1:DeLapp) M/S/P Johnston/Dunn — to amend the text in Section 302.04 Temporary Fences, Subd. 1 — Defined to read "Temporary Fences shall be open to light and air over not less than "40%" of the fence surface area." (Motion passed 4-0). M/S/P Johnston/DeLapp —to amend the text in Section 302.06 Fences as Screening and Security as Required by This Code by adding "Item 4. No such screening shall be roofed or covered in any manner. (Motion passed 4-0). The Council suggested that in Section 302.02 add Temporary Fences as exclusion to requiring a building permit. Council member Johnston asked if temporary fences are adequately defined. Attorney Filla responded that temporary fence definitions could have other fences; such as, garden, snow fences and swimming pool fences which are installed and removed on a seasonal basis. M/S/P Johnston/DeLapp — to not require a building permit for temporary fences. (Motion passed 4-0). Attorney Filla suggested adding the words "6 months administratively." M/S/P Johnston/John — to amend the text to read in Section 302.07, Item 1. Fence Permits Required: All such fences shall be removed by the property owner within 6 months of the termination of the keeping of Domestic Farm animals, unless an extension is specifically authorized by City Council action. (Motion passed 4-0). M/S/P Johnston/John — to adopt Ordinance No. 97-137, Fence Ordinance, as amended. (Motion passed 4-0). M/S/P Johnston/John to amend the agenda add 9B New Fence Ordinance and Repeal of Fence Moratorium. (Motion passed 4-0). M/S/P Jolmston/DeLapp — to repeal the Fence Moratorium. (Motion passed 4-0). Planner Dillerud will address Council member Johnston's concern on clarification of fences in the OHW setback in the shoreland ordinance. C. Fence Moratorium Request at 55th Street North: This agenda item was postponed to August 17`h Council meeting per the request of resident, Tom McCormick. D. Limited Business Zonine District — Add Family Entertainment Center: This agenda item was tabled at the request of the applicant. LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 2004 5 Lake Elmo City Council September 7, 2004 Agenda Section: Planning, Land Use & Zoning No. 9B Agenda Item: Amendments to Section 150 — Building Height Background Information for September 7. 2004: Responsive to Council direction on July 20, Staff has prepared a Draft Ordinance that would repeal the "old" Building Height definition, and amend the new Building Height Definition to allow highest point measurements from the highest ridge of a hip or gable roof, Action items: Motion to adopt Ordinance 97 ! ,laamending Section 150 of the City Code regarding the definitions of Building Height. Attachments: iya 1. Draft Ordinance #97 - , Amending Section 150 2. City Council Minutes of July 20, 2004 Person r$spo}isible: Time Allocated: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 97- I t¢a AN ORDINANCE AMENDING SECTION 150 OF THE LAKE ELMO MUNICIPAL CODE TO REPEAL ONE DEFINTION OF BULDING HEIGHT AND AMEND THE REMAINING DEFINTION OF BUILDING HEIGHT Section 1. Amendment: Section 150 "Definitions" of the Lake Elmo Municipal Code is hereby amended to amend the definition of Building Height, to wit: Building Height The vertical distance from the average of the highest and lowest point of grade for that portion of the lot covered by building to the highest point of the roof for flat roofs; to the roof deck line of mansard roofs; and to the mean height between eaves and the highest ridge for gable, hip and hambrel roofs. Section 2. Repeal: Section 150 "Definitions" of the Lake Elmo City Code is hereby amended to repeal the definition of Building Height, to wit: Building Height The vertical distance between the lowest grade level at the building line and the uppermost point on the roof. Section 3. 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 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). 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). LAKE ELMO CITY COUNCIL MINUTES JULY 20, 2004 4