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02-19-08 CCMP
BILE" City of Lake Elmo 3800 Laverne Avenue North 7 PM REGULAR COUNCIL MEETING AGENDA February 19, 2008 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston, DeLapp, Johnson, Park, Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This is the way that the city council runs its meetings so everyone attending the meeting or watching the meeting understands how the city council does its public business.) F. GROUND RULE: (These are the rules of behavior that the city council adopted for doing its public business.) G. APPROVE MINUTES: 1. Consider approval of January 23, 2008 minutes 2. Consider approval of February 4, 2008 minutes 3. Consider approval of February 12, 2008 minutes H. PUBLIC COMMENTS/INQUIRIES' In order to be sure that anyone wishing to speak to the city council is treated the same way, meeting attendees wishing to address the city council on any items NOT on the regular agenda may speak for up to three minutes. I. CONSENT AGENDA: Items are on the consent agenda because they are routine business and are not for discussion. 4. Approve Resolution no. 2008-011 payments of claims. 5. Approve renewal of planning contract for planning services with MFRA on an as needed basis. 6. Authorize Discover Crossing Letter of Credit Reduction 7. Approve Settlement Agreement J. REGULAR AGENDA: 8. Consider an Interim Use Permit (IUP) application from Common Ground Church to permit the keeping of Horses, Resolution No. 2008-012 9. Consider approval of the Lake Elmo Comprehensive Park Plan 10. Review the Planning Commission 2008 Work Plan 11. Review and revise a draft comment letter to the Minnesota Pollution Control Agency (PCA) regarding clean up options for the Washington County Landfill 12. Consider a request from the Community Improvement Commission (CIC) to name the city's community celebration the "Lake Elmo Fall Festival" and to provide the Jaycee's funding for this event K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) • Mayor and Council Members o Open House for the Highway 36 and Lake Elmo Avenue Design Review Committee on Feb 26 from 4:30 PM to 7:30 PM at River Valley Christian Church, 5900 Lake Elmo Avenue • Administrator L. ADJOURN January 23, 2008 Lake Elmo City Council Meeting Minutes Present: Mayor Johnston, Councilmembers Johnson, DeLapp, Park and Smith Also present: Administrator Hoyt, Finance Director Bouthilet, Auditor Steve MacDonald Mayor Johnston called the meeting to order at 6:30 PM. The council approved the agenda with the addition of a request to reschedule the closed meeting set for January 24 to a later date. Administrator Hoyt reported that the city council was meeting to get an update from the auditor on steps to take prior to the 2007 audit. She said that the current economy was negatively impacting revenue and it was important to get a clear understanding of the city's finances. Auditor Steve MacDonald summarized the findings of the 2006 audit and recommended that the city proceed with a financial consultant to prepare for the 2007 audit. Administrator Hoyt distributed a proposal for financial services with KDV to provide financial preparation for the audit and organizing funds and other items as needed at $130 an hour. Councilmember Johnson moved to approve the hiring of KDV for financial services. Councilmember DeLapp seconded the motion. The motion passed unanimously. Councilmembers discussed changing the date for the January 24 closed meeting. Mayor Johnston moved to reschedule the closed meeting at a time no sooner than 30 days and at a time that the entire city council could be present. Councilmember Park seconded the motion. The motion passed unanimously. Mayor Johnston adjourned the meeting at 7:35 PM. City of Lake Elmo City Council Meeting Minutes Monday, February 4, 2008 (The council meeting was rescheduled due to the precinct caucus scheduled for Tuesday, February 5, 2008) Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston, Council Members DeLapp, Johnson, Park and Smith Also Present: City Administrator Hoyt, Finance Director Bouthilet, City Attorney Filla, Planning Director Klatt, Consulting Planner Gozola, Planner Matzek, City Engineer Griffin and City Clerk Lumby Approval of Agenda: MOTION: Council Member DeLapp moved approval of the February 4, 2008 agenda as amended. Council Member Johnson seconded the motion. The motion passed unanimously. ORDER OF BUSINESS: GROUND RULES: APPROVE MINUTES: Consider approval of January 22, 2008 minutes The minutes were approved by Council consensus. PUBLIC COMMENTS/INQUIRIES CONSENT AGENDA: Items are on the consent agenda because they are routine business and are not for discussion. MOTION: Council Member DeLapp moved to approve the consent agenda Items 2, 3, 4 as presented and remove Item 1: Claims for discussion. Council Member Park seconded the motion. The motion passed unanimously. • Approve Resolution no. 2008-009 payment of claims in the amount of $159,294.99 • Public Works Facility: Approval of Change Order No. 14 thereby decreasing this contract in the amount of $2,400.00 to the revised contract amount of $2,377,377.69 Approval of final payment in the amount of $9,498.89 to Gen -Con Construction from the 2004A city facilities bond issue • Approve severance agreement with finance specialist dated 1-24-08 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 4, 2008 1 Approve 2008 Fee schedule. Ordinance no. 08-004 The Finance Director will remove the phrase "per statute" in connection with the building fees under the Uniform Building Code because the statute does not exist anymore. MOTION: Council Member Johnson moved approval of Ordinance no. 08-004 adopting the 2008 Fee Schedule with the deletion of 'per statute" associated with the building fees under the Uniform Building Code. Council Member Smith seconded the motion. The motion passed unanimously, REGULAR AGENDA: Lake Elmo Jaycees — Presentation of check from charitable gambling Michelle Carlson, Lake Elmo Jaycees, presented the City Council with a check for $8,500 from the Jaycees charitable gambling proceeds. Appointments to existing vacancies on the Planning and Parks Commissions, Planning Commission The City Council appointed Ben Roth, Greg Hall, Laurie McGinnis and Bob VanZandt to a full voting 3-year term and appointed Brenda Anderson and Todd Ptaceck as First and Second Alternates. MOTION: Council Member Johnson moved to approve Mark Deziel 's temporary leave of absence from the Planning Commission, January 286 through and including April 14t, 2008. Council Member Smith seconded the motion. The motion passed unanimously. Park Commission The City Council appointed Susan Dunn and Mike Zeno to a full -voting 3-year term and appointed Linda Wagner as an Alternate. Receive an update on the outions for promoting school safety for Lake Elmo Elementary, School an approve funds for the installation on one Dynamic Sneed Monitor Display sign on TH5 near Lake Elmo Avenue Ted Shoenecker, Washington County Traffic Engineer gave a presentation regarding school safety for Lake Elmo Elementary School. The school safety working group along with the city staff recommended the approval of the Dynamic Speed Monitoring Display sign installation and related costs. 3M will provide the sign at no cost to the City of Lake Elmo. The City anticipates costs ($3,500) for labor and parks and the extension of electric service to the sign (approx. $2,000) and the monthly electrical costs ($10 per month). The safety working group will meet with the working group over the coming months on an as needed basis. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 4, 2008 2 MOTION: Council Member Johnson moved to approve funds not to exceed $6, 000 to install a Dynamic Speed Monitoring Display (DSMD) sign out of the capital equipment fund and to authorize paying for the electrical costs associated with operating the sign from the general fund. Council Member DeLapp seconded the motion. The motion passed unanimously. Authorizing a rectuest for information on city sanitary sewer as one possible option for future treatment for the Fields of St.Croix Homeowners Association (ROA) The City Council accepted the request of Todd Place, President of Fields of St.Croix Homeowners Association, to discuss the option of sanitary sewer to provide wastewater treatment services to the Fields in the future. The Council directed the staff to contact all HOAs to offer the same opportunity. MOTION: Council Member Park moved to authorize the staff including the engineer to meet with the Fields and to provide the Fields HOA with general engineering, cost and timing information for sanitary sewer service as one option that the Fields HOA is considering for the future. Mayor Johnston seconded -the motion. The motion passed unanimously. Consider ordinance 08-005 amending the existing shoreland district regulations to incorporate undated information and provide increased flexibility on front yard setbacks: Resolution no. 2008-010 summary of ordinance no. 08-005 At its January 22nd meeting, the Council asked Consulting Planner Ben Gozola to analyze how many non -buildable lots may become buildable because of the OHW change and to determine if the City has an option to not change the OH W in light of the recent DNR change. The DNR has reviewed the proposed ordinance and supports the recommended changes, Based on staffs findings, no new buildable lots on Lake Jane would be created by the revised OHWs. Staff and the Planning Commission recommended approval of the ordinance amending the existing shoreland district regulations to incorporate updated information and provide increased flexibility MOTION: Council Member Johnson moved to adopt Ordinance no. 08-005, an ordinance to amend shoreland district regulations to eliminate shoreland specific right- of-way setback requirements and to update ordinary high water and floodplain levels for area Lakes and Resolution no. 2008-08 adopting summary of ordinance no. 08-005. Council member DeLapp seconded the motion. The motion passed unanimously. Select a ranee of development scenarios for the Villaee Alternative Urban Area wide review (AUAR) environmental review to no to the advisory Hanel and the public for input. The City Council was asked to select a range of development scenarios to bring to the AUAR Advisory Panel (February 13 and February 21) for its review and comments. The Council decided to give itself time to gather as much information as possible from the LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 4, 2008 3 AUAR process and to be prepared to finalize the development scenario selection in early March after the public input. MOTION: Mayor Johnston moved to authorize the following seven development scenarios including: 1) 600 new housing units, 2) 1,000 new housing units and 3) 1,600 new housing units all of which will be based upon the composite land use map in the accepted Village Masterplan and 4) 905 new housing units based upon the Comprehensive Plan Village future land use map; and that the hospital option be evaluated as an alternate to the three options based upon the composite land use map in the affected Village Masterplan at the Lakeview Hospital's expense of $24,840. Council member Parks seconded the motion. The motion passed unanimously. REPORTS AND ANNOUNCEMENTS: Mayor Johnston announced: • TH36 & CSAH1 7 Design Review Committee Open House, 4:30 p.m. to 7:30 p.m., Tuesday, February 26 at River Valley Christian Church. After the open house all meetings will be held in the Lake Elmo City Hall Annex on the first Monday, 7:00 p.m. until 8:00 p.m., of each month starting in March. • Washington County Landfill Meeting, Thursday, February 21s`, Oak -Land Jr. H.S. 6:30 p.m. Open House, 7:00 p.m. Meeting. The 30 day public comment period will begin on Thursday, February 14`11 . The Mayor adjourned the meeting at 9:30 p.m. Respectfully submitted by Sharon Lumby, City Clerk Resolution no. 2008-09 payment of claims Resolution no. 2008-10 summary of Ordinance 08-005 Ordinance no. 08-004 adopting the 2008 Fee schedule Ordinance no. 08-005 amending existing shoreland district regulations to incorporate updated information and provide increased flexibility on front yard setbacks LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 4, 2008 4 City of Lake Elmo City Council Meeting Minutes 12 February 2008 Mayor Johnston called the meeting to order 8:40 PM. Consider a request to engage a law firm to represent the city of Lake Elmo alone with Woodburn and Oakdale at the capitol for gaining the PCA bonding bill request for $15 million for remediation of the PFC contamination in the Washington County Landfill. Administrator Hoyt reported that the city of Woodbury had contacted the cities of Lake Elmo and Oakdale to ask if the cities would be interested in contracting with a legal representative to lobby for funds for the Washington County Landfill remediation at the legislative session, which opened on February 12, 2008. She reported that Oakdale had agreed to join in sharing the costs with Woodbury. Mayor Johnston reported that he had attended a legislative hearing on the PCA request for funding in the bonding bill and determined that the legislative committee did not seem receptige to the request. He suggested two alternatives to consider: 1) pay a proportion of the cost of fees — about 6% if population of the four cities (Woodbury, Oakdale, Cottage Grove and Lake Elmo); or 2) decline financially supporting the efforts of Woodbury and Oakdale, but to give city support in any way it could to encourage the funds for the Washington County Landfill Clean up. Mayor Johnston supported the latter proposal although he did not support the dig and line as the preferred option and preferred a permanent solution. He also noted the importance of making a statement immediately given the dynamics of funding discussions at the legislature. Councilmember Johnson concurred with supporting the second option, supporting the bonding request without funds, because she was concerned that the contamination would continue and that other contaminants could result from delay. She reiterated that she preferred a permanent solution. Councilmember DeLapp did not support the $15 million funding request by PCA because it was designed to implement the dig and line option, which he considered a short term option and a very inadequate solution. He stated that supporting this bonding request in 2008 would inevitably result in implementing this inadequate solution. He only supported a permanent solution to the Washington County Landfill contamination which he believed would be the dig and'truck option joined, by a plasma torch elsewhere to serve several landfills, if possible. Councilmember DeLapp said he is concerned about contamination but believes that the evidence suggests waiting five years is not harmful. He did not believe action was necessary at this meeting. Citizen Jim Blackford, 9765 45`s StreetNorth, presented some historic information on the landfill and PCA plans in the past that were not followed, He described some alternative mechanisms to get a permanent solution to the landfill site, He also said that he understood the political realities of getting funding for any solution. - Mayor Johnston moved to approve the support of the $15 million dollars in the Governor's bonding bill for the MPCA remediation of contamination at the Washington County Landfill. Councilmember Johnson seconded the motion, The motion passed with Mayor Johnston and Councilmember Johnson voting in favor of the motion and Councilmember DeLapp voting against. Mayor Johnston adjourned the meeting at 9:20 PM. City Council Date: 02/19/08 CONSENT Item: 4 Resolution 2008-009 ITEM: Approve resolution No. 2008-011 approving disbursements in the amount of $265,272.47. SUBMITTED BY: Tom Bouthilet, Finance Director REVIEWED BY: Susan Hoyt, City Administrator SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve disbursements in the amount of $265,272.47 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2008-011 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 445, 446, DD1546 through DD1570, 32154 through 32175, were used for Staff Payroll dated February 14, 2008; 32176 through 32230, , in the total amount of $265,272.47 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 19t" day of February, 2008. Dean Johnston Mayor ATTEST: Susan Hoyt City Administrator Accounts Payable To Be Paid Proof List User: Administrator Printed: 02/15/2008 - 11:07 AM Batch: 008-02-2008 Invoice # Inv Date ABDO Abdo Eick & Meyers 236883 01/31/2008 101-410-1530-43010 Accounting Services 236883 Total: ABDO Total: ACEHARD Ace Hardware 56218 01/23/2008 601-494-9400-42270 Utility System Maintenance 56218 Total: 24.57 56474' 01/30/2008 11.17 101-410-1940-44010 Repairs/Maint Contractual Bldg 56474 Total: 11.17 ACEHARD Total: 35.74 ACS Animal Control Services 28 02/02/2008 101-20-2700-43150 Contract Services 28 Total: ACS Total: AMLEGAL American Legal Publishing Corp 62582 01/28/2008 101-410-1320-44300 Miscellaneous 62582 Total: 62646 01/31/2008 101-410-1320-44300 Miscellaneous 62646 Total: AMLEGAL Total: AP - To Be Paid Proof List (02/15/08 - 11:07 AM) SPRJNG SOFJW Amount Quantity Pmt Date Description Reference Task 1,208.83 0.00 02/19/2008 W-2,1099, State & Federal Returns 1,208.83 1,208.83 24.57 0.00 02/19/2008 Repairs -Well House 2 0.00 02/19/2008 Annex Office Table Repairs 631.92 0.00 02/19/2008 Animal Control Services 1/21 - 2/3 2008 - 631.92 631.92 313.10 0.00 02/19/2008 CD Copies of Municipal Code 313.10 2,852.00 0.00 02/19/2008 Municpal Code Supplemental 2,852.00 3,165.10 Type PO # Close POLine # No No No No No No 0000 0000 0000 0000 0000 0000 Page 1 Invoice # Inv Date Amount Quantity Prat Date Description Reference Task PO # Close POLine tt _ ANDERNIC Nicholas Anderson 2/4/2008 02/14/2008 101-410-1910-43620 Cable Operation Expense 2/4/2008 Total: ANDERNIC Total: ARAM Aramark 629-6421713 02/04/2008 • 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-6421713 Total: ARAM Total: BATTYPL Batteries Plus Woodbury 32-141355 10/15/2007 101-430-3100-42210 Equipment Parts 32-141355 Total: BATTYPL Total: BERGMANN Richard and Eileen Bergmann 02/14/2008 60I-494-9400-46400 Water Mains Total: BERGMANN Total: BONESTRO Bonestroo 152968 01/30/2008 101-410-1910-43150 Contract Services 152968 Total: BONESTRO Total: BOYER Boyer Trucks 168017 02/11/2008 101-430-3100-42210 Equipment Parts 168017 Total: 168076 02/11/2008 101-430-3100-42210 Equipment Parts 168076 Total: BOYER Total: AP - To Be Paid Proof List (02/15/08 - 11:07 AM) 55.00 0.00 02/19/2008 Cable Operator 55.00 55.00 42.87 0.00 02/19/2008 Linen - City Hall 42.87 42.87 254.00 0.00 02/19/2008 Battery - Ford Dump Truck 254.00 254.00 547.00 0.00 02/19/2008 Crop Loss per agreement-Watermain Instal- 547.00 547.00 1,514.50 1,514.50 1,514.50 0.00 02/19/2008 VillageAUAR 44.12 0.00 02/19/2008 Equipment Parts -Public Works 44.12 30.11 0.00 02/19/2008 Equipment Parts -Public Works 30.11 74.23 Type No No No No No No No 0000 0000 0000 0000 0000 0000 0000 Page 2 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine Branch Branch Dale 02/14/2008 101-450-5200-44300 Miscellaneous Total: Branch Total: CAMPBELL Campbell Knutson P.A. 2879-000G 01/31/2008 101-410-1610-43040 Legal Services 2879-000G Total: CAMPBELL Total: COPYIMAG Copy Images, Inc. 93158 02/07/2008 101-420-2400-44330 Dues & Subscriptions 93158 Total: COPYIMAG Total: CPTELECO CP Telecom 651-207-1000 02/01/2008 101-410-1940-43210 Telephone 651-207-1000 Total: 651-207-1701 02/01/2008 101-430-3100-43210 Telephone 651-207-1701 Total: CPTELECO Total: CSS Systems Specialists Communication 81004 02/08/2008 101-410-1940-44040 Repairs/Maint Contractual Eqpt 81004 Total: CSS Total: FASTENAL Fastenal MNT1111907 01/16/2008 101-430-3100-42150 Shop Materials MNTI111907 Total: FASTENAL Total: AP - To Be Paid Proof List (02/15/08 - 11:07 AM) 331.75 0.00 02/19/2008 Oak Wilt Share Grant 331.75 331.75 3,419.51 3,419.51 3,419.51 0.00 02/19/2008 Legal Services-HR 290.40 0.00 02/19/2008 Copy Machine Maint. 290.40 290.40 681.81 0.00 02/19/2008 Telephone Service -City Hall 681.81 437.64 0.00 02/19/2008 Telephone Service -Public Works 437.64 1,119.45 3,195.00 0.00 02/19/2008 Telephone & Data Lines City Hall Annex - 3,195.00 3,195.00 106.39 0.00 02/19/2008 Shop Supplies -Public Works 106.39 106.39 No No No No No No No 0000 0000 0000 0000 0000 0000 0000 Page 3 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # GIERKE Gierke Cathy & Charles 02/14/2008 420.00 0.00 02/19/2008 Oak Wilt Share Grant Program No 0000 101-450-5200-44300 Miscellaneous Total: 420.00 GIERKE Total: 420.00 HDSUPPLY HD Supply Waterworks, Ltd. 6668524 01/31/2008 635.29 0.00 02/19/2008 Clamps for Watermain Breaks - No 0000 601-494-9400-44030 Repairs/Maint Imp Not Bldgs 6668524 Total: 635.29 BDSUPPLY Total: 635.29 JCRAFT Truck Bodies & Equip. Intl inc 43091 01/24/2008 4,247.22 0.00 02/19/2008 Plow Truck Repairs No 0000 101-430-3100-45800 Other Equipment 43091 Total: 4,247.22 JCRAFT Total: 4,247.22 KIMMESB Kimmes-Bauer, Inc. Cert 7(F) 01/14/2008 202-494-9400-46400 Water Mains Cert 7(F) Total: KIMMESB Total: 12,699.28 0.00 02/19/2008 12,699.28 Well Sealing Contract B Final - 12,699.28 12,699.28 No 0000 Kvaase Kvaase Joyce 02/14/2008 177.05 0.00 02/19/2008 Oak W11t Share Grant Program - No 0000 101-450-5200-44300 Miscellaneous Total: 177.05 Kvaase Total: 177.05 LARSON LARSON DIESEL SERVICE 80131005 01/31/2008 73.78 0.00 02/19/2008 Equipment Parts -Public Works - No 0000 101-430-3100-44040 Repairs/Maint Contractual Eqpt 80131005 Total: 73.78 80131006 01/31/2008 489.90 0.00 02/19/2008 Equipment Parts -Public Works - No 0000 101-430-3100-44040 Repairs/Maint Contractual Eqpt 80131006 Total: 489.90 LARSON Total: 563.68 AP - To Be Paid Proof List (02/15/08 - 11:07 AM) Page 4 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine 0 LEOIL Lake Elmo Oil, Inc. S01203 01/31/2008 101-420-2220-42120 Fuel, Oil and Fluids S01203 Total: S01208 01/31/2008 101-450-5200-42120 Fuel, Oil and Fluids S01208 Total: LEOIL Total: LMCIT Cities Insurance Trust League of M 27186-87-88 02/07/2008 101-410-1320-43610 Insurance 27186-87-88 02/07/2008 101-420-2220-43630 Vehicle Insurance 27186-87-88 02/07/2008 101-420-2400-43630 Insurance 27186-87-88 02/07/2008 101-430-3100-43630 Insurance 27186-87-88 02/07/2008 101-450-5200-43630 Insurance 27186-87-88 02/07/2008 601-494-9400-43610 Insurance 27186-87-88 Total: LMCIT Total: MALMQ Malmquist Greg Claim 02/14/2008 101-420-2220-44040 Repairs/Maint Contractual Eqpt Claim Total: MALMQ Total: MARONEYS Maroney's Sanitation, Inc 228436 02/07/2008 101-410-1940-43840 Refuse 228436 02/07/2008 101-420-2220-43840 Refuse 228436 02/07/2008 101-30-3100-43840 Refuse 228436 02/07/2008 101-450-5200-43840 Refuse 228436 Total: AP - To Be Paid Proof List (02/15/08 - 11:07 AM) 911.02 0.00 02/19/2008 Fuel Fire Dept. 911.02 150.38 0.00 02/19/2008 Fuel - Parks Dept. 150.38 1,061.40 31,225 00 16,044.00 569.00 14,326.00 3,938.00 8,826.00 74,928.00 74,928.00 0.00 02/19/2008 0.00 02/19/2008 0.00 02/19/2008 0.00 02/19/2008 0.00 02/19/2008 0.00 02/19/2008 Property & Liability Insurance-Admin - Property & Liability Insurance -Fire - Property & Liability Insurance -Bldg Dept - Property & Liability Insurance -Public Wo - Property & Liability Insurance -Parks - Property & Liability Insurance -Water 67.03 0.00 02/19/2008 Vehicle Parts 67.03 67.03 95.89 95.89 125.37 183.96 501.11 0.00 0.00 0.00 0.00 02/19/2008 02/19/2008 02/19/2008 02/19/2008 Trash Removal - City Hall Trash Removal - Fire Trash Removal - Public Works Trash Removal - Parks No No 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No No No No No 0000 0000 0000 0000 0000 Page 5 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # MARONEYS Total: 501.11 MENARDSO Menards - Oakdale 16252 01/16/2008 43.39 0.00 02/19/2008 Shop Supplies -Public Works - No 0000 101-430-3100-42150 Shop Materials 16252 01/16/2008 731.65 0.00 02/19/2008 Tool Box - Public Works - No 0000 101-430-3100-42400 Small Tools & Minor Equipment 16252 Total: 775.04 19505 02/01/2008 32.00 0.00 02/19/2008 Vehicle Supplies -Fire - No 0000 101-420-2220-42400 Small Tools & Equipment 19505 02/01/2008 36.13 0.00 02/19/2008 Bldg Supplies -Fire No 0000 101-420-22,20-44010 Repairs/Maint Contractual Bldg 19505 Total: 68.13 MENARDSO Total: 843.17 MENARDST Menards - Stillwater 1112 01/23/2008 19.99 0.00 02/19/2008 Light -Water Dept. - No 0000 601-494-9400-42400 Small Tools & Minor Equipment 1112 01/23/2008 9.06 0.00 02/19/2008 Shop Supplies -Public Works - No 0000 101-430-3100-42150 Shop Materials 1112 Total: 29.05 3808 02/08/2008 76.98 0.00 02/19/2008 Bldg Supplies -City Hall Annex - No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 3808 Total: 76.98 3809 02/08/2008 52.29 0.00 02/19/2008 Bldg Repair Supplies -Public Works - No 0000 101-430-3100-42230 Building Repair Supplies 3809 Total: 52.29 MENARDST Total: 158.32 METROFIR Metro Fire 30405 02/01/2008 1,317.88 0.00 02/19/2008 Fire Hoses - No 0000 410-480-8000-45800 Other Equipment 30405 Total: 1,317.88 METROFIR Total: 1,317.88 METSAC Metropolitan Council 0000865892 02/04/2008 1,081.72 0.00 02/19/2008 Monthly Wastewater Charge No 0000 602-495-9450-43820 Sewer Utility - Met Council 0000865892 Total: 1,081.72 METSAC Total: 1,081.72 AP - To Be Paid Proof List (02/15/08 - 11:07 AM) Page 6 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine rF MICROSEL Microsel, Inc. 02/15/2008 - 400.00 0.00 02/19/2008 Software & External CD Drive - No 0000 101-420-2220-42000 Office Supplies Total: 400.00 MICROSEL Total: 400.00 MILLEREX Miller Excavating, Inc. 13214 01/31/2008 2,202.98 0.00 02/19/2008 Water Main Break -Contract Services 601-494-9400-44030 Repairs\Maint Imp Not Bldgs 13214 Total: 2,202.98 MILLEREX Total: 2,202.98 NORTHSEC Northland Securities, Inc. 1534 01/24/2008 1,500.00 0.00 02/19/2008 Continuing Disclosure Report 410-480-8000-46200 Fiscal Agent Fees -New Faciliti 1534 Total: 1,500.00 NORTHSEC Total: 1,500.00 No 0000 No 0000 OAKD-HIS Oakdale Lake Elmo Historical Socie Donation 02/14/2008 1,100.00 0.00 02/19/2008 Oakdale/Lake Elmo Historical Society - No 0000 101-410-1110-44300 Miscellaneous Donation Total: 1,100.00 OAKD-HIS Total: 1,100.00 OAKDALE City of Oakdale 10000460-01 01/31/2008 3,269.45 0.00 02/19/2008 Water -South Pit - No 0000 601-494-9400-43820 Water Utility 10000460-01 Total: 3,269.45 OAKDALE Total: 3,269.45 OFFICEMX OfficeMax 252128 01/30/2008 177.62 0.00 02/19/2008 Office Supplies No 0000 101-410-1320-42000 Office Supplies 252128 Total: 177.62 684772 01/25/2008 38.92 0.00 02/19/2008 Office Supplies - No 0000 101-410-1320-42000 Office Supplies 684772 01/25/2008 22.37 0.00 02/19/2008 Office Supplies - Finance Dept. - No 0000 101-410-1520-44300 Miscellaneous 684772 Total: 61.29 AP - To Be Paid Proof List (02/15/08 - 11:07 AM) Page 7 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # OFFICEMX Total: 238.91 Pott Fran Pott 02/15/2008 80.18 0.00 02/19/2008 Repayment of estimated meter reads - No 0000 601-000-0000-37100 Water Sales Total: 80.18 Pott Total: 80.18 PRESS Press Steven 2/11/08 02/14/2008 57.28 0.00 02/19/2008 Cable Operator -Planning - No 0000 101-410-1910-43620 Cable Operation Expense 2/11/08 Total: 57.28 2/13/08 02/14/2008 57.28 0.00 02/I9/2008 Cable Operator -Council - No 0000 101-410-1320-43620 Cable Operation Expense 2/13/08 Total: 57.28 PRESS Total: 114.56 Raney Raney Ed 02/14/2008 238.56 0.00 02/19/2008 Oak Wilt Share Grant No 0000 101-450-5200-44300 Miscellaneous Total: 238.56 Raney Total: 238.56 RICHTMAN Karen Richtman 02/14/2008 7,500.00 0.00 02/19/2008 Contract Services -Recycle -Grant Reimburs- No 0000 101-430-3200-44300 Miscellaneous Total: 7,500.00 RICHTMAN Total: 7,500.00 RIVRCOOP River Country Cooperative 141352 01/31/2008 35.00 0.00 02/19/2008 Fuel Fire Dept. - No 0000 101-420-2220-42120 Fuel, Oil and Fluids 141352 01/31/2008 33.00 0.00 02/19/2008 Car Washes -Fire Dept - No 0000 101-420 2220 11040 Repairs/Maint Contractual Eqpt 141352 Total: 68.00 155127-01 02/01/2008 5.38 0.00 02/19/2008 Car Washes -Bldg Dept - No 0000 101-420-2400 11040 Repairs/Maint Contractual Eqpt 155127-01 02/01/2008 30.00 0.00 02/19/2008 Car Washes -Bldg Dept No 0000 101-420-2400-42120 Fuel, Oil and Fluids 155127-01 Total: 35.38 AP - To Be Paid Proof List (02/15/08 - 11:07 AM) Page 8 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # RNRCOOP Total: 103.38 RUD Prince-Rud Diane 2/4-6-11-13 02/14/2008 240.00 0.00 02/19/2008 Cleaning - City Hall 101-410-1940-44010 Repairs/Maint Contractual Bldg 2/4-6-11-13 02/14/2008 240.00 0.00 02/19/2008 Cleaning - Fire Station 1 101-420-2220- 4010 Repairs/Maint Contractual Bldg 2/4-6-11-13 Total: 480.00 RUD Total: 480.00 No 0000 No 0000 SAMSCLUB Sam's Club 715090362995508 02/14/2008 89.92 0.00 02/19/2008 Supplies -City Hall - No 0000 101-410-1940-42230 Building Repair Supplies 715090362995508 02/14/2008 98.35 0.00 02/19/2008 Supplies -Fire No 0000 101-420-2220- 42230 Building Repair Supplies 715090362995508 Total: 188.27 SAMSCLUB Total: 188.27 SATELLIT Satellite Shelters, Inc. R108556 01/31/2008 319.50 0.00 02/19/2008 Office Space Rental - No 0000 101-420-2400-44120 Rentals - Building R108556 Total: 319.50 SATELLIT Total: 319.50 STILLGAZ Stillwater Gazette 02/16/2008 109.00 0.00 02/19/2008 Annual Subscription -Newspaper - No 0000 101-410-1320-44330 Dues & Subscriptions Total: 109.00 STILLGAZ Total: 109.00 SURPLUS Surplus Services 1-22-2008 01/22/2008 11.00 0.00 02/19/2008 Furniture for City Hall Annex No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 1-22-2008 Total: 11.00 SURPLUS Total: 11.00 TASCH T.A. Schifsky & Sons 43739 01/21/2008 685.33 0.00 02/19/2008 Street Maintenance -Asphalt No 0000 101-430-3100-42240 Street Maintenance Materials 43739 Total: 685.33 AP - To Be Paid Proof List (02/15/08 - 11:07 AM) Page 9 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # - TASCH Total: TDS TDS METROCOM - MN 6517798882 02/13/2008 101-420-2220-43210 Telephone 6517798882 02/13/2008 101-430-3100-43210 Telephone 6517798882 02/13/2008 602-495-9450-43210 Telephone 6517798882 Total: TDS Total: TKDA TKDA, Inc. 200800440 02/07/2008 601-494-9400-43030 Engineering Services 200800440 Total: 200800441 02/07/2008 601-494-9400-43030 Engineering Services 200800441 Total: 200800442 02/07/2008 410-480-8000-43030 Engineering Services 2008004-42 Total: 200800443 02/07/2008 602-495-9450-43030 Engineering Services 200800443 02/07/2008 603-496-9500-43030 Engineering Services 200800443 Total: 200800444 02/07/2008 601-494-9400-43030 Engineering Services 200800444 Total: 200800445 02/07/2008 409-480-8000-43030 Engineering Services 200800445 Total: 200800446 02/07/2008 404-480-8000-43030 Engineering Services 200800446 Total: 200800447 02/07/2008 409-480-8000-43030 Engineering Services 200800447 Total: 200800448 02/07/2008 101-410-1930-43030 Engineering Services 200800448 02/07/2008 601-494-9400-43030 Engineering Services AP - To Be Paid Proof List (02/15/08 - 11:07 AM) 685.33 144.69 51.35 102.42 298.46 298.46 0.00 02/19/2008 0.00 02/19/2008 0.00 02/19/2008 Phone Service -Fire Phone Service -Public Works Phone Service -Lift Station 2,168.39 0.00 02/19/2008 Water System Interconnect 2,168.39 698.32 0.00 02/19/2008 Water Tower 2,964.03 0.00 02/19/2008 New Publice Works -Claim 312.62 0.00 02/19/2008 Gis Mapping -Sanitary Sewer 698.32 2,964.03 312.62 0.00 02/19/2008 Gis Mapping -Surface Water 625.24 346.29 0.00 02/19/2008 Tablyn/Heights water project 346.29 185.14 0.00 02/19/2008 Manning/Hwy 36 Project 185.14 81.79 0.00 02/19/2008 Comp Park Plan Update 81.79 92.57 0.00 02/19/2008 Pavement Management Plan 92.57 727.54 0.00 02/19/2008 Grading Permit Review & Misc. 44.66 0.00 02/19/2008 Water Systems No No No 0000 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 10 Invoice # Inv Date 200800448 02/07/2008 602-495-9450-43030 Engineering Services 200800448 02/07/2008 410-480-8000-43030 Engineering Services 200800448 02/07/2008 409-480-8000-43030 Engineering Services 200800448 Total: 200800449 02/07/2008 803-490-9070-43030 Engineering Services 200800449 Total: 200800450 02/07/2008 803-490-9070-43030 Engineering Services 200800450 Total: 200800451 02/07/2008 803-490-9070-43030 Engineering Services 200800451 Total: 200800452 02/07/2008 803-490-9070-43030 Engineering Services 200800452 Total: 200800453 02/07/2008 803-490-9070-43030 Engineering Services 200800453 Total: 200800454 02/07/2008 803-490-9070-43030 Engineering Services 200800454 Total: 200800455 02/07/2008 803-490-9070-43030 Engineering Services 200800455 Total: 200800456 02/07/2008 803-490-9070-43030 Engineering Services 200800456 Total: 200800457 02/07/2008 602-495-9450-43030 Engineering Services 200800457 Total: 200800458 02/07/2008 101-410-1910-43030 Engineering Services 200800458 Total: 200800459 02/07/2008 101-410-1910-43030 Engineering Services 200800459 02/07/2008 803-490-9070-43030 Engineering Services 200800459 Total: 200800460 02/07/2008 803-490-9070-43030 Engineering Services AP - To Be Paid Proof List (02/15/08 - 11:07 AM) Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 133.98 0.00 02/19/2008 Sanitary Sewer Systems 312.62 0.00 02/19/2008 Public Works 309.57 0.00 02/19/2008 Transportation 1,528.37 976.97 0.00 02/19/2008 eveelopment - Whistling Valley III 976.97 307.12 0.00 02/19/2008 Development - Eagle Point 7 307.12 2,217.33 0.00 02/19/2008 Development - Tapestry -Charlotte Grove - 2,217.33 1,425.71 0.00 02/19/2008 Development - Lake Elmo Farms 1,425.71 4,999.73 0.00 02/19/2008 Development- Discovery Crossing 4,999.73 1,661.75 0.00 02/19/2008 Development -Sanctuary 2,017.81 0.00 02/19/2008 Development - Hidden Meadows 92.57 0.00 02/19/2008 Development - Park Meadows 14,839.32 0.00 02/19/2008 I-94 - 30th Street Sanitary Sewer 524.28 0.00 02/19/2008 Village Planning 6,552.44 0.00 02/19/2008 Meetings, Ordinances, Policies,Mapping 1,661.75 2,017.81 92.57 14,839.32 524.28 3,374.54 0.00 02/19/2008 Development Standards 9,926.98 3,238.83 0.00 02/19/2008 Bldg Permit Review/Support No No No No No No No No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 Page 11 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 200800460 02/07/2008 101-410-1930-43030 Engineering Services 200800460 02/07/2008 409-480-8000-43030 Engineering Services 200800460 02/07/2008 402-480-8000-43030 Engineering Services 200800460 02/07/2008 603-496-9500-43030 Engineering Services 200800460 02/07/2008 601-494-9400-43030 Engineering Services 200800460 02/07/2008 602-495-9450-43030 Engineering Services 200800460 Total: TKDA Total: TWINCIT Twin City Water Clinic, Inc. 4479 01/24/2008 601-494-9400-43030 Engineering Services 4479 Total: TWNCIT Total: USPOST United States Postal Service 02/14/2008 101-410-1320-43090 Newsletter/Website Total: USPOST Total: VATA Vata Communications, Inc. 2086 01/08/2008 101-410-1940-44040 Repairs/Maint Contractual Eqpt 2086 Total: VATA Total: Verizon Verizon Wireless 1814538559 01/28/2008 101-420-2400-44330 Dues & Subscriptions 1814538559 Total: Verizon Total: AP - To Be Paid Proof List (02/15/08 - 11:07 AM) 509.12 2,696.97 1,935.72 3,314.95 1,160.81 2,203.61 15,060.01 62,739.72 0.00 02/19/2008 0.00 02/19/2008 0.00 02/19/2008 0.00 02/19/2008 0.00 02/19/2008 0.00 02/19/2008 Planning Support Transportation Planning Municipal State Aid System Surface Water Management Water Supply System Sanitary System 65.00 0.00 02/19/2008 Bacteria Analysis 65.00 65.00 500.00 0.00 02/19/2008 Newsletter Mailing 500.00 500.00 92.21 0.00 02/19/2008 Phone Repair Parts - City Hall 92.21 92.21 311.23 0.00 02/19/2008 Ce11 Phone Service 311.23 311.23 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No No No No 0000 0000 0000 0000 Page 12 Invoice # Inv Date VISA0460 VISA 02/14/2008 101-450-5200-44300 Miscellaneous Total: VISA0460 Total: XCEL Xcel Energy 51-4504807-7 01/29/2008 101-450-5200-43810 Electric Utility 51-4504807-7 01/29/2008 602-495-9450-43810 Electric Utility 51-4504807-7 01/29/2008 101-430-3160-43810 Street Lighting 51-4504807-7 Total: 51-4580376-5 01/29/2008 101-410-1940-43810 Electric Utility 51-4580376-5 Total: 51-4733556-8 01/29/2008 101-450-5200-43810 Electric Utility 51-4733556-8 Total: 51-5044219-0 01/29/2008 101-450-5200-43810 Electric Utility 51-5044219-0 Total: 51-5275289-3 01/29/2008 101-450-5200-43830 Gas Utility 51-5275289-3 Total: 51-5356323-8 01/29/2008 601-494-9400-43810 Electric Utility 51-5356323-8 Total: 51-5522332-2 01/29/2008 101-430-3160-43810 Street Lighting 51-5522332-2 Total: 51-5747685-4 01/29/2008 101-450-5200-43810 Electric Utility 51-5747685-4 Total: 51-5916043-7 01/29/2008 602-495-9450-43810 Electric Utility 51-5916043-7 Total: 51-6429583-8 01/29/2008 602-495-9450-43810 Electric Utility 51-6429583-8 Total: 51-6433976-2 01/29/2008 101-420-2220-43810 Electric Utility 51-6433976-2 Total: AP - To Be Paid Proof List (02/15/08 - 11:07 AM) Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 197.37 197.37 197.37 630.52 72.38 29.37 732.27 0.00 02/19/2008 Flags 0.00 02/19/2008 0.00 02/19/2008 0.00 02/19/2008 Legion Park Hudson Lift Station Inwwood Traffic Lights 1,238.00 0.00 02/19/2008 Electric & Gas - City Hall 8.52 0.00 02/19/2008 Tennis Courts 8.52 442.03 0.00 02/19/2008 Electric & Gas - Parks 442.03 8.52 0.00 02/19/2008 Pebble Park 8.52 1,650.11 , 0.00 02/19/2008 Electric & Gas Wells 1 & @ 1,650.11 41.78 0.00 02/19/2008 Traffic Lights-Inwwod 41.78 272.33 0.00 02/19/2008 Electric & Gas - LERAC 272.33 17.51 0.00 02/19/2008 34th Street Lift Station 17.51 15.91 0.00 02/19/2008 Legion Lift Station 15.91 306.38 0.00 02/19/2008 Fire Station 1 1,238.00 306.38 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 13 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 51-6625457-1 101-450-5200-43810 51-6736544-2 101-430-3160-43810 51-6928283-3 101-430-3160-43810 51-6956201-4 101-450-5200-43810 51-6956201-4 101-450-5200-43810 51-7538112-1 101-430-3100-43810 51-8126093-5 601-494-9400-43810 514576456-3 101-420-2220-43810 01/29/2008 Electric Utility 51-6625457-1 Total: 01/29/2008 Street Lighting 51-6736544-2 Total: 01/29/2008 Street Lighting 51-6928283-3 Total: 01/29/2008 Electric Utility 01/29/2008 Electric Utility 51-6956201-4 Total: 01/29/2008 Electric Utility 51-7538112-1 Total: 01/29/2008 Electric Utility 51-8126093-5 Total: 01/29/2008 Electric Utility 514576456-3 Total: XCEL Total: Report Total: AP - To Be Paid Proof List (02/15/08 - 11:07 AM) 322.67 0.00 02/19/2008 Electric & Gas- Parks 1,795.48 0.00 02/19/2008 City -Wide Street Lights - 28.00 0.00 02/19/2008 Traffic Lights Manning & Stillwater Blvd - 0.00 02/19/2008 VFW Ballfield Lights 322.67 1,795.48 28.00 122.38 131.68 254.06 0.00 02/19/2008 VFW BaMeld Lights 3,562.23 0.00 02/19/2008 Electric & Gas - Public Works 209.90 0.00 02/19/2008 Water Tower 2 1,304.72 0.00 02/19/2008 Electric & Gas - Fire Station 2 3,562.23 209.90 1,304.72 12,210.42 209,648.37 No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 Page 14 Accounts Payable To Be Paid Proof List User: Administrator Printed: 02/12/2008 - 2:01 PM Batch: 007-02-2008 Invoice # Inv Date SIRRINGB Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # ICMA ICMA Retirement Trust 457 02/12/2008 510.00 0.00 02/14/2008 PR Batch 1 2 2008 ICMA Contribution - 101-000-0000-21705 Other Retirement - ICMA Total: 510.00 ICMA Total: 510.00 No 0000 IRS Internal Revenue Service 02/12/2008 3,709.84 0.00 02/14/2008 PR Batch 1 2 2008 Federal Income Tax - No 0000 101-000-0000-21701 Federal Withholding 02/12/2008 2,425.25 0.00 02/14/2008 PR Batch 1 2 2008 FICA Employee Share - No 0000 101-000-0000-21703 FICA Tax Withholding 02/12/2008 2,425.25 0.00 02/14/2008 PR Batch 1 2 2008 FICA Employer Share - No 0000 101-000-0000-21703 FICA Tax Withholding 02/12/2008 567.21 0.00 02/14/2008 PR Batch 1 2 2008 Medicare Employee Shar No 0000 101-000-0000-21703 FICA Tax Withholding 02/12/2008 567.21 0.00 02/14/2008 PR Batch 1 2 2008 Medicare Employer Sher No 0000 101-000-0000-21703 FICA Tax Withholding ' Total: 9,694.76 IRS Total: 9,694.76 MNCHILD MN Child Support Payment Ctr 02/12/2008 540.27 0.00 02/14/2008 PR Batch 12 2008 Child Support - No 0000 101-000-0000-21709 Child Support Total: 540.27 MNCHILD Total: 540.27 PERA PERA 02/12/2008 2,031.82 0.00 02/14/2008 PR Batch 1 2 2008 PERA Employee Share - No 0000 101-000-0000-21704 PERA Withholding 02/12/2008 2,280.40 0.00 02/14/2008 PR Batch 1 2 2008 PERA Employer Share - No 0000 101-000-0000-21704 PERA Withholding Total: 4,312.22 AP - To Be Paid Proof List (02/12/08 - 2:01 PM) Page 1 Invoice # Inv Date Amount Quantity Prat Date Description Reference Task Type PO # Close POLine # PERA Total: 4,312.22 REVENUE MN Department of Revenue 02/12/2008 1,369.74 0.00 02/14/2008 PR Batch 1 2 2008 State Income Tax No 0000 101-000-0000-21702 State Withholding Total: 1,369.74 REVENUE Total: 1,369.74 SW/WC SW/WC Service Cooperatives C1210-10 02/12/2008 12,189.50 0.00 02/14/2008 Employee Health Insurance -March 2008 - No 0000 101-000-0000-21706 Medical lnsurance CI210-10 Total: 12,189.50 SW/WC Total: 12,189.50 WISC.DOR Revenue Wisconsin Department of 02/12/2008 110.00 0.00 02/14/2008 PR Batch 1 2 2008 WISCONSIN STATE TAX No 0000 101-000-0000-21702 State Withholding Total: 110.00 WISC.DOR Total: 110.00 Report Total: 28,726.49 AP - To Be Paid Proof List (02/12/08 - 2:01 PM) Page 2 City Council Date: 2/19/08 CONSENT Item: MOTION ITEM: Renewal of Consulting Planning Contract REQUESTED BY: Planning Department SUBMITTED BY: Kyle Klatt, Director of Planning R REVIEWED BY: Susan Hoyt, City Administrator SUMMARY AND ACTION REQUESTED: The city council is being asked to approve a contract for Ben Gozola's planning services with McCombs Frank Ross (MFR) Associates (formerly Schoell Madson). The purpose of the contract is to provide planning support on an as needed basis at an hourly rate. It is an on going contract that can be terminated by either party with thirty days, The contract does not commit the city to using the services of the firm. Mr. Gozola acted as the city's senior and lead planner over the past year and provided excellent service. At this time, it is anticipated thatplanning assistance will be needed in two areas: 1) Review and revisions to the city's sign code — a project on the planning commission workplan. A project plan and process are being developed for this task; 2) To pick up work demands that may surface during the absence of the planning staff member, Kelli Matzek. Mr. Gozola's hourly rate is $90.00, The cost of his work will come out of the consulting planning budget; it will also be covered through developer fees when specific planning applications are reviewed and from reduced planning salaries during a portion of the leave of the planner. MOTION FOR CONSIDERATION: Motion to approve contract with MFRA. ATTACHMENTS (1): 1. Agreement Between MFRA and the City of Lake Elmo AGREEMENT BETWEEN McCOMBS FRANK ROOS ASSOCIATES AND CITY OF LAKE ELMO FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into as of the day of , 2008, by and between the CITY OF LAKE ELMO, 3800 LAVERNE AVENUE, LAKE ELMO, MN 55042, a municipal corporation of the County of Washington, State of Minnesota, (hereinafter called the "City") and McCOMBS FRANK ROOS ASSOCIATES, a Minnesota corporation in the practice of planning, engineering, and surveying at 14800 28th Avenue North, Suite 140, Plymouth, Minnesota 55447, (hereinafter called the "Planner"), WITNESSETH, that; WHEREAS, the City has chosen the Planner to perform services as defined below for projects as they arise from time to time, this Agreement shall govern such employment on the terms and conditions herein set forth. Hereafter are descriptions of the various services to be performed by the Planner when requested by the City, followed by the methods of compensation for those services. Routine Work Routine work shall consist of any tasks, duties, and assignments performed for the City as directed by the Lake Elmo City Administrator or the Lake Elmo Planning Director. Time spent at City Council or Planning Commission meetings will also be considered routine work. For routine work, McCombs Frank Roos Associates agrees to provide the City with a discounted rate from the company's standard fee schedule. Time spent on routine work will be invoiced monthly on an hourly basis per the agreed upon rate schedule for the Lake Elmo Planning Team which is as follows: Team Member Hourly Rate Principal Planner 110.00 Senior Planner 90.00 Senior Designer 90.00 Landscape Architect 80.00 Design Associate 75.00 Planner Technician 65.00 Wetland Specialist 75.00 Principal Engineer 140.00 L:PLANNING\LKELMO 169141Contract&City of Lake Elmo 2008 Agreement.doc 1 II. Reimbursable Expenses Reimbursable expenses include mileage for travel and any items (Le. copies, postage for mailings, messenger service, etc) requested by the City. Such expenses will be billed to the City "at cost" plus 10 percent to cover administration costs. III. Monthly Billing Billings will be submitted monthly. The City agrees to pay all bills within 30 days of receiving same. In the event that the City defaults in payment, the City agrees to pay interest on delinquent bills at the maximum rate allowed by law. The City also agrees to reimburse McCombs Frank Roos Associates for all costs involved with collection of delinquent amounts including, but not limited to, attorney's fees. The City hereby acknowledges that sufficient funds are currently available and assigned to pay for the cost of services contemplated by this agreement. IV. Term The term of this agreement shall commence as of , 2008. This agreement may be terminated by either party. Such termination shall be effective after giving thirty (30) days written notice. The City agrees to pay McCombs Frank Roos Associates for all services provided up to the effective date of termination. V. Execution In witness whereof, the City has caused this agreement to be executed by its Mayor and Administrator, and the Planner has caused the same to be executed by its duly authorized officers. CITY OF LAKE ELMO McCOMBS FRANK ROOS ASSOCIATES By: Mayor By: By: By: City Administrator Date: Date: L:\PLANNING\LKELMO 16914\ContractVCtty of Lake Elmo 2008 Agreement.doc 2 City Council Date: February 19, 2008 CONSENT Item:, Motion ITEM: Consider a financial security reduction for the Discover Crossing development. SUBMITTED BY: REVIEWED BY: Jack Griffin, City Engineer Susan Hoyt, City Administrator Tom Bouthilet, Finance Director Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REQUESTED: The city council is being asked to approve a reduction to the financial security for improvements on the Discover Crossing development. Currently, Letter of Credit No. 460, in the amount of $153,750.00, issued by Lake Elmo Bank is securing the improvements for the development. Staff is recommending a reduction in the amount of $91,250.00, to a required security amount of $62,500.00. This reduced amount would secure the remaining items to be completed, which are paving of the final lift of bituminous and minor utility punch list items. ADDITIONAL INFORMATION: The following table itemizes the original, current, and proposed security amounts: Item Site Grading/ Turf Establishment Storm Sewer Sanitary Sewer Drainfield Watermain Streets Street Signs Landscaping Subtotal 125% Security RECOMMENDATION Original Amount $0.00 $310,000.00 $235,000.00 $250,000.00 $318,000.00 $194,000.00 $1,000.00 $308,000.00 $1,616,000.00 $2,020,000.00 Current Amount $0.00 $10,000.00 $5,000.00 $20,000.00 $5,000.00 $32,000,00 $1,000.00 $50,000.00 $123,000.00 $153,750.00 Proposed Amount $0.00 $8,000.00 $1,000.00 $0.00 $1,000.00 $40,000.00 $0.00 $0.00 $50,000.00 $62,500.00 Staff recommends approval of a reduction in the required financial security for the Discover Crossing development in the amount of $91,250.00 from the current amount of $153,750.00 to the proposed amount of $62,500.00. The Letter of Credit shall be extended to a date of November 1, 2008 to allow security to be in place for the completion and acceptance of all remaining items. SUGGESTED MOTION FOR CONSIDERATION Move to approve a reduction in the financial security for the Discover Crossing development in the amount of $91,250.00 from the current amount of $153,750.00 to the proposed amount of $62,500.00 and to extend the security to November 1, 2008. ITEM: SUBMITTED BY: Settlement Agreement Tom Bouthilet, Finance Director City Council Date: 02/19/08 CONSENT Item: 7 MOTION: SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider approving and authorizing the Mayor to sign the Settlement Agreement and Release of Claims between the City of Lake Elmo and Kimberly Schaffel Anez. In order to avoid the expense and uncertainty of continued litigation, the League of Minnesota Cities Insurance Trust (LMCIT) has suggested the City to settle this claim without admission of wrongful conduct or liability on the part of the City or its officials, employees ,volunteers, agents and representatives of the City. The LMCIT would pay for the entire settlement with the City being responsible for the standard deduction of $ 500.00. MOTION FOR CONSIDERATION: Move to approve and authorize the Mayor to sign the Settlement Agreement and Release of Claims between the City of Lake Elmo and Kimberly Schaffel Anez. ATTACHMENT: Settlement Agreement and Release of Claims SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS This Settlement Agreement and Release of Claims (hereinafter "Agreement") is made by and between ICimberly Schaffel Anez (hereinafter referred to as "Anez") and the City of Lake Elmo (hereinafter referred to as "City"). WHEREAS, on or about January 22, 2008, Anez filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission ("EEOC'D, charge number 444-2008- 00422; and WHEREAS, the City has denied any Liability or wrongdoing whatsoever relating to the allegations raised by Anez in said charge; and WHEREAS, in order to avoid the expense and uncertainty of continued litigation, the parties desire to mutually resolve and settle all disputes among them, known and unknown, in accordance with the terms and conditions hereinafter set forth; and NOW THEREFORE, in consideration of the recitals and promises made herein, the parties agree as follows: 1. Nonadmission. It is expressly understood and agreed that this Settlement Agreement and Release of Claims ("Agreement") does not constitute, nor shall either be construed, as an adjudication or finding on the merits of any claim or potential claim by Anez nor does this Agreement constitute, nor shall either be in any manner construed, as an admission of wrongful conduct or liability on the part of the City or its officials, employees, volunteers, agents, representatives, and any affiliated entity of the City. 2. Payment. In settlement and consideration for the release of any and all claims, grievances, or complaints, asserted or unasserted, the League of Minnesota Cities Insurance 1 Trust ("LMCIT"), on behalf of the City of Lake Elmo, agrees to pay Anez and her attorneys, Chrasti] and Steinberg, P.L.L.P., the total stun of Twenty Thousand Dollars ($20,000.00). The City and LMCIT make no representations or warranties about any particular tax treatment of this payment. Anez enters into this Agreement only after consulting with her own attorney and/or tax advisor as to the characterization and treatment of such payment. In the event a taxing authority asserts a claim for federal or state income taxes, social security taxes, unemployment taxes and/or Medicare taxes, Anez stipulates and agrees that neither the City nor LMCIT is responsible to said taxing authority for payment of that obligation, and Anez agrees to pay for any such obligation; and Anez further agrees to indemnify, defend and hold harmless the City and LMCIT from those claims if asserted. 3. Release of' Claims. In exchange for the above referenced payment at Paragraph 2, Anez, for herself, her heirs, administrators, representatives, successors, and assigns, hereby releases and forever discharges the City of Lake Elmo, LMCIT, and their current and former officers, agents, or employees, successors and assigns from any and all demands, debts, obligations or claims that were or could have been raised by Anez and that arise from or relate in any way to Anez's employment with the City, including, but not limited to, claims under Title VII of the Civil Rights Act of 1964, as amended; claims under the Civil Rights Act of 1991; claims under 42 U.S.C. §1981, §1981a, §1983, §1985, §1988; claims under the Minnesota Human Rights Act; claims under the Age Discrimination in Employment Act; and claims under any other applicable federal, state or Local statute or ordinance, existing at any time up to and including the date of this Agreement. 2 4. Letter of Reference. Upon final executive of this Agreement, the City agrees to provide a written letter of reference to Anez in the form attached hereto as Exhibit A (three originals). The City will maintain the letter of reference in Anez' official personnel file and, upon receiving any request for an employment reference for Anez, will provide the requesting party the information contained in Exhibit A. Nothing in this Agreement shall prohibit the City from fulfilling its legal obligations concerning the release of data, including complying with its obligations under the Minnesota Data Practices Act. The parties agree that any disclosure or discussion of the terms of this Agreement is governed by current (2007) Minnesota Statutes §13.43, subd. 2 and subd. 10. S. Dismissal of EEOC Charge. Upon final execution of this Agreement, Anez agrees to withdraw her charge of discrimination filed with the EEOC; charge number 444-2008- 00422. 6. Voluntary and Knowiiw Action. Each person signing this Agreement specifically acknowledges that he/she has read the terms of the Agreement in full, has had the opportunity 10 consult with the attorney of his/her choice, understands the terms of this Agreement, and understands to be bound thereby in full. Those signing below in the representative capacity fully affirm or verify that they are authorized to execute this Agreement on behalf of their respective principals, and that it is their principals' intent to be bound thereby in full. 7. Entire Agreement. This Agreement constitutes the entire Agreement of parties and there are no unrecorded inducements or representations leading to its execution. 3 8. Guverninc. Law. Interpretation and construction of this Agreement shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the City of Lake Elmo and Kimberly Sehaffel Anez have approved and executed this Separation Agreement and Release of Claims. Dale: \l.c6. 6, a me Dale: 4 Kimberly Seb FOR THE CITY OF LAKE EL MO 65f/7 75510 Barth / Lake 131tno, MN 55042 Kim was employed blic with inquiries dules in person ntaining complex utes; attending 1t Block Grant ling City septic d publishing answering to updates, motional of Administrative sistant. topers, council irs. City Council Date: 2/19/08 Regular Resolution 2008-012 Item. g ITEM: Consider an Interim Use Permit (IUP) application from Common Ground Church to permit the keeping of horses. REQUESTED BY: Common Grounds Church, Applicant SUBMITTED BY: Kelli Matzek, Planner REVIEWED BY: Susan Hoyt, City Administrator Kyle Klatt, Planning Director SUMMARY AND ACTION REQUESTED: The City Council is asked to consider a request from Common Ground Church to allow the keeping of horses as an interim use at 10240 Stillwater Blvd N. The zoning of the subject property is Public Facilities (PF) which would allow the use as IUP. The applicants have identified approximately four acres of the property for grazable land for, horses and'are proposing up to twelve horses be kept on the site throughout the year as part of the "Hoof Print" program. Unlike a variance, if the applicant proves that he or she meets the criteria for granting an IUP, the City Council must approve the application. The Planning Commission held a public hearing and recommended (vote - 6:1:1) to approve the application as the commission found it met the eight general criteria and three specific criteria outlined in code when the site was evaluated for two horses. The eight general criteria for all Interim Use Permits: i. Is the use allowed as an interim use in the respective zoning district and does it conform to standard zoning regulations? 2. Use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community. 3. Use will not adversely impact implementation of the comprehensive plan. 4. The date or event that will terminate the use is identified with certainty. 5. The applicant has signed a consent agreement agreeing that the applicant, owner, operator, tenant and/or user has no entitlement to future reapproval of the Interim Use Permit as well as agreeing that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future. 6. The user agrees to all conditions that the City Council deems appropriate for permission of the use including the requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. 7. There are no delinquent property taxes, special assessments, interest, or City utility fees due upon the subject parcel. 8. The term of the interim use does not exceed two (2) years. The three specific criteria for horses as an Interim Use in the PF zoning district: I. The keeping of horses does not constitute a feedlot per Minnesota Rules. 2. The property is directly adjacent to only Agricultural (A) and Rural Residential (RR) zoned properties that are not developed as open space preservation subdivisions. Roadways shall be considered an adequate buffer. 3. Evidence is provided to show adherence to all livestock and horse regulations in the Lake Elmo city code. Please see the attached staff report for the full IUP criteria analysis. The staff analysis of the review criteria in City Code indicates that a maximum of two horses can be permitted as an interim use on the subject property given the acreage identified for pasture. The twelve horse maximum should be denied based on the MPCA threshold for a feedlot and the fact that not enough pasture is being made available to support twelve horses. Therefore, staff is recommending approval of the proposed IUP with conditions. ADDITIONAL INFORMATION: • A condition can be added to an IUP to assure the city that the specific IUP will meet the general conditions as well as the three specific criteria for the proposed use. • The property is approximately 24.5 acres in size with four acres identified for the pasture of horses. • The city did not receive any public comments against the application. • The Planning Commission discussed the application and held a public hearing at the February llin meeting. No members of the public spoke against the application at the hearing. • If approved, the proposal would authorize horses to be kept on the property throughout the year as part of the "Hoof Prints" organization which is a non-profit, faith -based, volunteer run group. The purpose of the organization is to benefit people who may be dealing with abuse, sickness or other troubles through work with horses. Guests and volunteers care for the horses by exercising, grooming and feeding them; which in turn is meant to provide a sense of accomplishment and improved self-confidence. The proposed hours of operation would be primarily "after school" and weekends by appointment. • Over the past two years, the applicants have explored different avenues for keeping horses on the property in conjunction with Common Ground Church. An application to make horses a conditionally permitted use was submitted, but was ultimately denied by the City. Subsequent action by the City, however, changed code to permit horses in conjunction with churches as an IUP in the PF zoning district. OPTIONS Of the two options listed below, staff is recommending option 1. 1. Approve the requested IUP based on the following: a) Two horses will be in compliance with all livestock requirements and MPCA requirements for this type of facility; b) A maximum of two horses will be in conformance with all interim use permit criteria outlined in code. With the following conditions: a) No more than two horses shall be allowed; b) All riding of horses shall be done in accordance with section 95.01 and 95.02 of city code; c) The Interim Use Permit shall expire on December 31, 2009; at such time, the applicant's may apply for another two year IUP. 2. Deny the requested IUP based on findings of fact (please cite). 2 RECOMMENDATION: Both staff and the planning commission are recommending the City Council approve the requested IUP with conditions as the keeping of horses is listed as an interim permitted use in the PF zoning district and limiting the site to two horses would comply with applicable regulations. SUGGESTED MOTION FOR CONSIDERATION: Motion: Move to approve Resolution 08-012 allowing the keeping of horses with an Interim Use Permit at 10240 Stillwater Blvd N. with conditions. ORDER OF BUSINESS: Introduction Susan Hoyt, City Administrator Report by staff Kelli Matzek, Planner Questions from the Council Mayor & Council Members Questions/Comments from the applicant Mayor facilitates Questions/Comments from the public Mayor facilitates Call for a Motion (required for further discussion; does not imply approval of the motion Mayor facilitates Discussion Mayor facilitates Action on motion Council ATTACHMENTS (7): 1. Area map showing the location of the subject property; 2. Detailed staff report on the request; 3. Applicant's Written Narrative; 4. Written Comments from John Hanson (VBWD); 5. Resolution of approval for the proposed IUP for 10240 Stillwater Blvd N; 6. Consent Agreement; 7. Applicant's Site Plan of proposed pasture area. 3 0524 a Location within the City of Lake In 2525 :t5lY.i 0I 3150 Common Grounds Church 10240 Stillwater Blvd N. (PID 14-029 21-?2-0024) I-Dir;Of LAKE ELMO City of Lake Elmo Planning Department Interim Use Permit Request To: City Council From: Kelli Matzek, Planner Meeting Date: 2-19-08 Applicant: Common Ground Church Representatives: Pastor Mark Anderson and Dawn Oswald Location: 10240 Stillwater Boulevard North (Hwy 5) Zoning: Public Facilities (PF) Introductory Information Application The applicant is seeking an interim use permit (IUP) to allow the stabling of Summary: horses in conjunction with a ministry being run at the existing church at 10240 Stillwater Boulevard North. Horses would be kept on the property throughout the year as part of the "Hoof Prints" organization which is a non-profit, faith -based, volunteer run group. The purpose of the organization is to benefit people who may be dealing with abuse, sickness or other troubles through work with horses. Guests and volunteers care for the horses by exercising, grooming and feeding them which in turn is meant to provide a sense of accomplishment and improved self-confidence. The proposed hours of operation would be primarily in the late afternoon hours and weekends by appointment. The applicant is proposing up to twelve horses be kept at the property, and also say they will comply with the two grazable acre minimum per horse. Applicable Section 154.019 Interim Use Permits. Codes: Outlines the general requirements for all interim permitted uses in Lake Elmo. Section 300.13 Design and Performance Standards — Restrictions on Nuisance and Hazardous Activities Subd. 15 Livestock. D. Hazards and Nuisances. Outlines the keeping of horses, cattle, or other grazing animals on a site with less than two (2) acres of existing grazable land per animal is declared to be a nuisance. Subd. 15 Livestock. E. Grazable Acres. Grazable acreage shall be defined as open, non -treed acreage exclusive of the homesite and yard that is currently providing enough pasture or other agricultural crops capable of supporting summer grazing at a density of one (1) cow, or its equivalent, per two (2) acres. Grazable acreage shall not include non -jurisdictional wetlands or slopes over twelve percent (12%). .,,.,tun Grounds Church 11.1P Request City Council Repoli; 2-19-08 (cony.) Section 300.07 Zoning Districts. Subd. 4(M). Public Facilities, Ouasi-Public Facilities. Subd 3. Uses Allowed by interim use permit. Allows the keeping of horses in conjunction with Churches as an interim use in the PF zoning district. Findings & General Site Overview Site Data: Entire Lot Size: Approximately 24.5 acres (including road right-of-way for Highway 5 and Kelvin Avenue North) Lot Size (available for horses): Approximately 4 acres Existing Use: Common Ground Church Facility / farming Existing Zoning: Public Facility (PF) Property Identification Number (PID): 14-029-21-32-0024 Application Review: History: Over the past two years, the applicants have explored different avenues for keeping horses on the property in conjunction with Common Ground Church. Most recently, the applicant met with consulting city staff who informed them that keeping of horses on this site was clearly not permitted by code, and that it was a stretch to consider horses as conditionally permitted given the uses spelled out in the PF zoning district. The applicants worked out an arrangement with neighboring property owners to board their horses with a permitted facility while the Church sought authorization to have the horses on their land. An application to make horses a conditionally permitted use was submitted, but was ultimately denied by the City. Subsequent action by the City, however, changed code to permit horses in conjunction with churches as an interim permitted use in the PF zoning district. IUP Review Interim uses must be reviewed under both the general criteria for such as well as Criteria: the specific criteria outlined for the requested use. Keep in mind that for these types of applications, the burden is on the City to show why the use should or should not be permitted. For horses in the PF zoning district, the following questions apply: I. Is the use allowed as an interim use in the respective zoning district and does it confornt to standard zoning regulations? Horses are an interim permitted use in conjunction with churches in the PF zoning district. The specific criteria for this interim permitted use can therefore be reviewed to assist the City in determining whether the proposal is in conformance with standard zoning regulations. The specific criteria are as S:\.trod Use\Gnerinr Ilse\trp--Common Grounds_CC_Z/9.O8.doc Page 2 anion Crorurrh Oweh 1 UP Herpes Ctrs Council Report; 2-19-08 (cont.) follows: A. The keeping of horses does not constitute a feedlot per Minnesota Rules. By Minnesota rules, the definitions of "Animal feedlot" and "pasture" are as follows: MN Rule 7020.033 Subv. 3. Animal feedlot. "Animal feedlot" means a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of these parts, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under these parts. MN Rule 7020.033 Subv. 18. Pastures. "Pastures" means areas where grass or other growing plants are used for grazing and where the concentration of animals is such that a vegetation cover is maintained during the growing season except in the immediate vicinity of temporary supplemental feeding or watering devices. According to Don Hauge at the Minnesota Pollution Control Agency, a rough gauge is two acres per horse when setting aside pasture land to meet the MPCA definition. Based on a two -acre threshold, the Church would be limited to two horses based on the four acres of available pasturable land identified on the provided site plan. Supplemental feeding and watering would be allowed for the two horses as needed. B. The property is directly adjacent to only Agricultural (A) and Rural Residential (RR) zoned properties that are not developed as open space preservation subdivisions. Roadways shall be considered an adequate buffer. The subject property conforms to this requirement. C. Evidence is provided to show adherence to all livestock and horse regulations in the Lake Elmo city code. The specific regulations for livestock are found in section 154.104 of city code and read as follows: • Prohibition of manure deposition without safeguards. No manure or livestock waste shall be deposited, stored, kept, or allowed to remain upon any site without reasonable safeguards adequate to prevent the escape or movement of the manure or wastes or a solution of the manure or wastes from the site which may result in pollution of any public waters or any S:V,mrd Use\interim Use\Rep--Conemou Grornuls_CC_2-19-08.doc Page 3 .,, nn[On Grounds Church 1UP Request City Council Report; 2-19-08 (cont.) health hazard. The MPCA has reviewed the proposed site and finds no reason to believe that the amount of manure generated by the two allowable horses will pose any risks for area water bodies. There is some concern as expressed by the VBWD in their memo (Attachment #4) that allowing more than two horses on the site east of Kelvin Avenue N will increase the potential for runoff into Sunfish Lake in addition to reducing the amount of vegetation available for grazing. Additional review would therefore be necessary if the planning commission or council determined that more than two horses is appropriate for the site. • Minnesota Pollution Control Agency standard minimum requirement. All regulations imposed by the Minnesota Pollution Control Agency relating to keeping of livestock shall be adhered to and the regulations shall be considered the minimum safeguard necessary to prevent pollution of public water or creation of a health hazard. Again, the MPCA has reviewed the proposed site and agrees with staff's assessment that two horses fall within the guidelines for a pasture facility. Furthermore, the MPCA did not find that the proposed use would be out of compliance with any other agency regulations. • Inadeauate safeguards. In case the Zoning Administrator shall find that any manure is stored or kept on any lot or storage site without a safeguard, or that any existing safeguard is inadequate, the Zoning Administrator may order the owner or other responsible person to immediately remove the manure from the storage site and refrain from further storage or keeping of any manure at the site unless and until an adequate safeguard is provided. The review of the proposed use did not reveal reasons to be concerned about two horses pasturing on this site. However, the applicants should be aware of this code requirement, and the fact that the City will inspect the facility periodically to ensure that unexpected manure issues do not arise. • Hazards and nuisances. On parcels of less than 40 acres which are not part of a larger crop- producing commercial agricultural farm, the keeping of horses, cattle, or other grazing animals on a site with less than 2 acres of existing grazable land per animal is, by this section, declared to be a nuisance. Horses may be kept on any parcel larger than 5 acres. No other domestic farm animals, livestock or commercial kennels shall be placed on any site of less than 10 acres. As the overall parcel size exceeds five acres, horses will not be considered a hazard or nuisance on the subject property. • Grazable acres. Grazable acreage shall be defined as open, non -treed acreage exclusive of the homesite and yard that is currently providing S;V.cmd (LseVnterim UseV(ep--C'onnnon Cirounds_CC_2-19-08.doc Page_ 4 rounds Chun:h 11/t' Request CRT Council Report; 2-19-08 enough pasture or other agricultural crops capable of supporting summer grazing at a density of 1 cow, or its equivalent, per 2 acres. Grazable acreage shall not include non jurisdictional wetlands or slopes over 12%. This requirement lends support to the MPCA's general guidelines used to determine the threshold between a pasture and a feedlot. By code, one (1) horse is listed as an equivalent to one (1) cow, and therefore this site could support one (1) horse per two acres of pasture available for summer grazing. As the church pasture area is limited to approximately four acres, the maximum number of horses for the facility under city code is two (2). Specific regulations for horses are found in sections 95.01 & 95.02 of city code, and prohibit the riding of horses on paved roads or over paved roads. The applicants will be made aware of these requirements via conditions on any approved interim use permit. 2. Use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community. Because the overall site area exceeds five acres, code dictates that the act of keeping horses will not be considered a nuisance. Additionally, neither staff nor the reviewing agencies have identified any ways in which two horses would impact the health, safety or welfare of the community. 3. Use will not adversely impact implementation of the comprehensive plan. Allowing the horses to be used in combination with the church will not impact implementation of the comprehensive plan. 4. The date or event that will terminate the use is identified with certainty. Staff is recommending a termination date of December 31, 2009. This date was identified as the deadline as the end of the year is often associated with the renewal and review of many city projects and applications. This deadline would also meet the requirement (#8 below) of limiting the interim use to two (2) years or less. 5. The applicant has signed a consent agreement agreeing that the applicant, owner, operator, tenant and/or user has no entitlement to future reapproval of the Interim Use Permit as well as agreeing that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future. The city has received a signed consent agreement as required. S:\/.cool tlse\Threrhn C !se\kep-•Conntzon (iro,tnds_CC_2-19-08.doe Page 5 ..,rocurds Church RIP Request City Council Repon; 2.79-08 (rout.) 6. The user agrees to all conditions that the City Council deems appropriate for permission of the use including the requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. Conditions deemed appropriate by the city will be added to die interim use permit. The permit will then be valid provided the applicant accepts and adheres to the conditions. 7. There are no delinquent property taxes, special assessments, interest, or City utility fees due upon the subject parcel. The City's Finance Officer has reviewed the City's records and finds no indication of unpaid taxes or assessments. 8. The term of the interim use does not exceed two (2) years. As identified in criteria #4 above, staff is recommending an expiration date of December 31, 2009 as this would not exceed the two year limit Interim Use The above analysis of the review criteria in City Code indicates that a maximum Permit of two horses can be permitted as an interim use on the subject property given the Conclusions: area identified for pasture. The twelve horse maximum would need to be denied based on the MPCA threshold for a feedlot and the fact that not enough pasture is being made available to support twelve horses. Resident Concerns: Staff is not aware of any resident concerns surrounding the requested interim use permit. Other Agency • The DNR did not have any comment for or against the application. Reviews: ■ The VBWD expressed concern in a letter (See Attachment #4) regarding the number of horses and the available grazable acreage. Allowing a higher density of horses in the four acres of pasture identified by the applicant has the potential to create runoff which would ultimately drain to Sunfish Lake. Conclusion: Council Options: The applicant is seeking approval of an IUP to allow the stabling of horses in conjunction with a ministry being run at the church. Horses would be kept on the property throughout the year as part of the "Hoof Prints" organization which is a non-profit, faith -based, volunteer run group. The City Council has the following options: S:V,and Use\lnterbn f)se\Rep- Common Grounds_CC 2-19-08.doe Page 6 ., .;rowzds Crunch 11.11' Requv,Pt City Connell Report; 249-08 A) Approve the Interim Use Permit request (with findings of fact); B) Deny the Interim Use Permit request (with findings of fact); The 60-day review period for this application expires on 2-24-08, but can be extended an additional 60 days if more time is needed. Staff Rec: Staff is recommending approval of an Interim Use Permit to allow two horses on the site for the Hoof Prints ministry at 10240 Stillwater Boulevard North, based on the following: 1. Two horses will be in compliance with all livestock requirements and MPCA requirements for this type of facility; 2. A maximum of two horses will be in conformance with all interim use permit criteria outlined in code. With the following conditions: • No more than two horses shall be allowed; • All riding of horses shall be clone in accordance with section 95.01 and 95.02 of city code. • The Interim Use Permit shall expire on December 31, 2009; at such time, the applicant's may apply for another two year IUP. Planning Com The planning commission recommended approval of the IUP to allow the stabling Rec: of horses at 10240 Stillwater Boulevard North based on the findings provided by staff. Approval Motion Template: Denial Motion Template: To approve the request, you may use the following motion as a guide: Move to approve the requested IUP based on the findings cited by staff in the report with conditions (and others as you deem appropriate). To deny the request, you may use the following motion as a guide: Move to deny the requested IUP based on the findings of fact...(please site reasons for the recommendation) cc: Pastor Mark Anderson, Applicant S;\i.cmd (1se\6unrim Use\Rep--Cununon Clronndrv_CC_2-19-08.doe Page 7 City of Lake Eire DEVELOPMENT APF LICAT III 1FORM • Comprehensive Plan Amendment Zoning District Amendment L J Text Amendment (-1 Flood Plain C.U.P. Conditional Use Permit �] 5/ariance * (See below) [] Minor Subdivision Lot Line Adjustment rl Residential Subdivision. Sketch/Concept Plan r 1 Conditional Use Permit (C.U.P.) n Site & Building Plan Review ,HPLICANT: Ma.r L Mote-r5one CokimaA Grey ricyl u,-ch ©z (Name)/(Mailing Address) ELEPHONES: -92) / •"(XI, ri t�'�" (Home) (Work) EE OWNER: (Name) ALL Y. (: ELEPHONES: feS Y- •. (Home) (Mobile) allin .-A dress) l` ' Y. o IM N �c t� GI �� ., r� (2r (Work) r (Mobile) Residential Subdivision Preliminary/Final Plat O 01-10Lots O 11 - 20 Lots U 21 Lots or More Excavating & Grading Permit Appeal P i PUD _Tpc et/s2t 09-2 Pert-miV siewidutel- 8l Pd. /q Ldketlino, (Zip) S °a Orf, (Fax) (Fax) ROPERTY LOCATION (Address and Complete (Long) Legal Description): {e.e ft' 7-4 w ec,t (.t l/ (.1 kl/1 n71, l r .k1 flvcv.ppCu'°y� ih ltvty,t ic3'v,, v.� Q Vlac.Gsv it/ V�Iye:xi Vlf' ��? /. RI CE QUES 1' ed Section 3U160C.o th@LalteElrnoMunlclralc� ernonstrate a hardship before a variance can be granted. The hardship related to this application is as follows: ' J (Zip) ETAILED REASON F,OR REQUEST: E x 14' r A A.c ��i nJL.1 Icy,,441,471 ( ) (I -A 741 sf✓ig 174��r ( C-21,11,3 i'7('sr7 ./(�(lt`.d' s'A AN RE k TS: As out m in n if 1 4t,/Gy.Iti ( )110 / /z / � e c_5�rr / ).S. 704C-Pl, /,W t-tg C(}e o e, Applicant mustcx. 3 signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the .oning and Subdivision Ordinances and current administrative procedures. I further aekoowledae the fee explanation as utlined in the application procedures and hereby ai ree to nay all statements received from the City nertainina to dditional application expense. % I ignature of Applicant Date Signature of App511-di fit • 0/1/2003 City of Lake Elmo • 3800 Laverne Avenue North • Lake Elmo • 55042 • 651-777-5510 • Fax 651-777-9615 Date Era /\/\ li \ 2 ! 6!x«aC Rea J �� \\\ ` p|}}; f NJ z / / z.§ `/ j ( scrAvri JAN t 1 2007 Common Ground Church Interim Use Permit Application Request Hoof Prints is a non-profit, faith -based, volunteer run organization that will fit nicely into the rural setting of Lake Elmo and within the community's values, Our vision for this ministry is to help people through direct contact withrehabilitated horses. Our purpose is to benefit people who may be dealing With 'abuse, sickness or other troubles. This will happen as our guests, in conjunction with our volunteers, care for the horses by exercising, grooming, and feeding them. Horses have a calming effect on people and the interaction will provide individuals with a sense of accomplishment while improving their self confidence. Common Ground Church is fully prepared to comply with all city and state requirements to maintain this permit. In the event that Common Groundwishes to continue this ministry beyond the two year interim use period, Common Ground will seek to re -apply for permit in January 2010. As per Lake Elmo City ordinance 154.104 Common Ground will comply with the 2 grazable acre minimum per horse, and house no more than 12 horses, Proposed hours: ' As we begin the ministry in spring 2008, it is anticipated that hours of operations will be primarily in the late afternoon hours and on weekends by appointment. We will re- evaluate the need as the ministry evolves. 154.104 LIVESTOCK A. Prohibition of manure deposition without safeeuards Fill was taken from Parcel 3 and moved to Parcel 2 when the church building was first constructed in 1979, in order for the building to stand on higher ground. Though the site plan states "retention pond", it has never functioned as one, because the two culverts were never installed which would have allowed water to escape this area. In fact, a dike was built at the east end of the parcel that is about 4 to 6 feet high. This is the area closest to Sunfish Lake, Occasionally there is a small amount of water that pools resulting from the spring thaw but this does not amount to more than a few inches each year, and is located more along Highway 5. It is usually absorbed by the end of spring. The section of land in question is completely landlocked and devoid of direct or indirect contact with any surrounding bodies of water. B. Pollution Control Aeencv Standard Minimum Requirements Doug Hougie of the MnPCA, was provided with a full description of the intended use of the Common Ground land, after which he indicated there should not be any concern as the State of Minnesota considers this as a pasture operation. Since horse manure is considered fertilizer he said it can be broken apart, raked into the ground, or simply left alone. The only way this would be of concern is if our horse population exceeded 50 horses. We would then be required to have the manure hauled away to another site. We can not and do not intend on retaining more than 12 horses. The Land will be used to serve in the capacity of a pasture as outlined in MN Statute 1030.005 Subd.14a. And as described by the Minnesota Department of Agriculture as: Areas where grass or other growing plants are used for grazing and where the concentration of animals is such that vegetative cover is maintained during the growing season, except in the immediate vicinity of temporary supplemental feeding or watering systems. This land will not be used as a feedlot as defined by MN Statute 116.07 and as described by the Minnesota Department of Agriculture as: A lot or building or combination of lots or buildings intended for the confined feeding breeding raising or holding of animals specifically designed as a confinement area where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Open lots used for feeding and rearing poultry are considered feedlots. Pastures are not considered animal feed lots. C. Inadequate Safeeuards Though we do not anticipate any problems we will cooperate with the city if safety is brought forth as an issue. Please see section "B" in reference to manure control. D. Hazards and Nuisances In accordance with MN Statutes and Agricultural standards, vegetative cover will be maintained during the growing season throughout the pasture with the exception of the immediate vicinity for feeding and watering. We are in compliance with this regulation. (See map) B. Grazable Acres In accordance with MN Statutes, MN Agricultural standards and Lake Elmo City ordinance 154,104, the Common Ground property exceeds the minimal restrictions of 2 acres of grazable land per horse. Currently grazable land owned by Common Ground is in excess of 24 acres. We have no intention of exceeding our horse capacity beyond that which allows for the 2 acres of grazable land per animal, which thereby restricts us to a full capacity of 12 horses. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2008-012 A RESOLUTION GRANTING AN INTERIM USE PERMIT TO ALLOW THE KEEPING OF HORSES AT 10240 STILLWATER BOULEVARD NORTH WHEREAS, Common Ground Church has requested an Interim Use Permit at 10240 Stillwater Boulevard North to allow the keeping of horses in conjunction with the Hoof Prints Ministry Program in the PF zoning district. WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on February 11, 2008, and reviewed and recommended approval of the Interim Use Permit for the keeping of horses on the site based on the following findings: 1. Two horses would be in compliance with all livestock requirements and MPCA requirements for this type of facility; 2. A maximum of two horses will be in conformance with all interim use permit criteria outlined in code. NOW, THERFORE, BE IT RESOLVED that the Lake Elmo City Council hereby approves an Interim Use Permit at 10240 Stillwater Boulevard North to allow the keeping of horses, based on the Findings and subject to the following conditions: 1. No more than two horses shall be allowed; 2. All riding of horses shall be done in accordance with section 95.01 and 05.02 of city code; 3. The Interim Use Permit shall expire on December 31, 2009; at such time, the applicants may apply for another two year IUP. This resolution was adopted by the City Council of the City of Lake Elmo on the 19'h day of February 2008, by a vote of Ayes and Nays. Dean A. Johnston, Mayor ATTEST: Susan Hoyt, City Administrator (SEAL) CONSENT AGREEMENT WHEREAS, on ri2C1 , 2007 the City Council of the City of Lake Elmo adopted Ordinance No. 117-Q V which establishes a framework for regulating temporary use of land through the issuance of interim use permits; and WHEREAS, Section (_) (&5 of this Ordinance requires an applicant for an interim use permit to sign a Consent Agreement wherein the applicant acknowledges and agrees that the proposed interim use will not impose additional costs on the public if there is a future need for public acquisition of the applicant's property through eminent domain and that the applicant has no entitlement to future reapproval of the interim use permit; NOW, THEREFORE, Mark Anderson , as applicant for an (Name) interim use permit for Hoof Pr).&+s 111;nil 'trj ! ?'/©rs&s L /fen/ir) at (use of properly) 10240 Stillwater Boulevard North , agree as follows: (Location) I. If this application is approved by the Lake Elmo City Council and an interim use permit is issued, the interim use of the property will not impose additional costs on the City or any other public entity if it is necessary to acquire the property or a portion thereof after issuance of the interim use permit. 2. The applicant acknowledges that the proposed use is temporary and terminates upon expiration of the interim use permit. The applicant has no legal or equitable right to future reapproval of the interim use permit and must file an application for that purpose. 3. The applicant will comply with all conditions imposed by the City Council on the interim use permit. 4. This Consent Agreement shall be binding on any owner, operator, tenant and/or user of the property for which the interim use permit has been granted and the applicant is authorized to sign this Consent Agreement on behalf of said owner, operator, tenant and/or user of the property. � DATED: heA r{, 2QQ YYrWWt g 1Itimistiif C041111Oh (if(Me CJ(r✓-- Mark Anderson, Common Ground Church STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /r/ rk day of .i ru r , 200S, by fkNc\e,r' 3.the ^'-c lt.c:S be_- of Ccactost.)ck S g . a Minnesota C\\V S u \ , on behalf of said company. Notary Public ,,.4.91AIW111J11.61 IWlnl, RI IN+YiU4!I,ILL., JYI4t'. SHARON LEE LUMBY NOTARY PUB11C•MIMBEBOTA MyConf sS BW daa.31,20t2 QEFl1 idim II.II Iry ' um I, I , dV Wu 11 II,I.,I.,e1II..II14 Cfk,C ciP) 4y AN wnvet to.