HomeMy WebLinkAbout10-18-05 CCMPi! E
.yor:
Dean Johnston
Council members:
Rita Conlin
Steve DeLapp
Liz Johnson
Anne Smith
r
Please read:
Lake Fdino City Council
Tuesday
October 18, 2005
3800 Laverne Avenue No.
Lake Elmo, MN 55042
777-5510 777-9615 (fax)
Since the City Council does not have time to discuss every point presented, it may appear that
decisions are preconceived. However, staff provides background information to the City
Council on each agenda item in advance; and decisions are based on this information and
experience. In addition, some items may have been discussed at previous council meetings.
If you are aware of information that has not been discussed, please fill out a "Request to
Appear Before the City Council form; or, if you came late, raise your hand to be recognized.
Comments that are pertinent are appreciated. Items may be continued to a future meeting if
additional time is needed before a decision can be made.
**6:30 p.m. CLOSED SESSION:Administrator Performance Review**
Agenda
City Council Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes:
3. PUBLIC INOUIRIES/INE.ORMATIONAL:
A. PUBLIC INFORMATIONAL:
4. CONSENT AGENDA
A. Resolution No. 2005-0 :Approving
claims
B. Resolution No. 2005-00 :Approving
Stonegate Street Vacation
July 5, 2005, September 6, 2005, October 4, 2005
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.
S• FINANCE
A. Monthly Operating Report
6=NEWBUSINESS
A Administrator Performance/Salary
Adjustment
7.
MAINTFNANCE/PARK/FIREBUII.DING:
,A. Fire Department:Appoint Captain
$' UPdate on Building Dept. Activities:Jim
cNamara
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8. CITY ENGINEEid'`S REPORT:
A.
9. PLANNING, LAND USE & ZONING:
A. Appeal Park Dedication; Escrow
Reduction — Cardinal View
B. Fazzone Variance ORWM
C. Oakdale Gun Club — CUP Amendment
D. Farms of Lake Elmo Final Plat
10. CITY ATTORNEY'S REPORT:
A.
11. CITY ADMINISTRATOR'S REPORT:
A.
12. CITY COUNCIL REPORTS:
A. Mayor Johnston
B. Council Member Conlin
C. Council Member DeLapp
D. Council Member Johnson
E. Council Member Smith
Tom Prew
C. Dillerud
Lake Elmo City Council Agenda
October 18, 2005
Page 2
Buckthorn Project, October 22, 7:30 a.m. Kleis October 26th, 7 p.m., Environmental Commission
Park Meeting
ADDITIONS TO MINU IES ARE IN BOLD
LAKE ELMO CITY COUNCIL MINUTES
SEPTEMBER 20, 2005
1. AGENDA
2. MINUTES: July 5, 2005, September 6, 2005
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries
B. Public Informational
4. CONSENT AGENDA:
A. Resolution No.2005-097:Aproving Claims
B. Resolution No.2005-098:Partial Payment No. 3 for Water System
Interconnect- Phase I
5. FINANCE:
A. Monthly Operating Report
B. Health Insurance
6. NEW BUSINESS:
A. Council Committee Procedures
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Fire Department:Appoint Doug Pepin and Brad Winkels as District Fire
Chiefs
B. Update on Building Dept. Activities:Jim McNamara
8. CITY ENGINEER'S REPORT:
A. Update. Confirmation of Sessing Drainfield Size
B. Resolution No. 2005-099:Award Bid for Public Works Facility
C. Resolution No. 2005-100:Award Bid for Water System Interconnect —
Phase III
D. Resolution No. 2005-101:Award Bid for Hilltop Avenue Project
9. PLANNING,•LAND USE & ZONING:
A. Deer Glen Amended Op'Concept Plan -Resolution No. 2005-102
B. CDBG — Contract for Services
10. CITY All ORNEY'S REPORT:
11. CITY ADMINISTILA,TOR' S REPORT:
A. Extending Publid Water Supply-3M
12. CITY COUNCIL REPORTS:
Mayor Johnston called the meeting to order at 7:00 p.m. in the Council Chambers.
PRESENT: Conlin, Smith, Johnston, Johnson, DeLapp, City Engineer Prew, City
Planner Dillerud, Building Official McNamara (departed 8:35 p.m.), Fire Chief
Malmquist, Finance Director Tom Bouthilet and Administrator Rafferty.
1. AGENDA
Add: 5B. Health Insurance, 6A. Discussion of council committee general procedures and
policies, Change 1 IA. to 6B. for early discussion.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 20, 2005 I
M/S/P Johnson/DeLapp - to approve the September 20, 2005, City Council agenda as
amended. (Motion passed 5-0).
2. MINUTES: July 5, 2005
M/S/P Smith/DeLapp - to postpone action on the July 5, 2005 City Council Minutes
until October 4, 2005. (Motion passed 5-0).
IVHNUI'LS: September 6, 2005
1Vi/S/P JohnsonlDeLapp - to approve the September 6, 2005 City Council Minutes, as
amended. (Motion passed 5-0).
3. PUl3LIC INOUTRYES/INFORMATIONAL:
A. Public Inquiries - NONE
B. Public Informational
4. CONSENT AGENDA:
A. Resolution No. 2005-097:Aoprovine Claims
M/S/P Johnson/Smith - to adopt Resolution No. 2005-097, A Resolution approved Claim
Numbers 280, 281, DD517 through DD528, 27803 through 27935, which were used for
Staff Payroll dated September 15, 2005; claims 27936 through 27982, in the total amount
of $411,353.12. (Motion passed 5-0).
B. Resolution No. 2005-098:Partial Paviiient No. 3,for Water System
Interconnect- Phase I
M/S/P Johnson/Smith - to adopt Resolution No. 2005-098, A Resolution Approving
Partial Payment No. 3 to Chris Riley Utilities, Inc_ for Water System Interconnect —
Phase I in the amount of $135,676.36, as recommended by the City Engineer. (Motion
passed 5-0).
5. FINANCE:
A. Monthly Operating Report:
The Finance Director provided the Monthly Operating Report. He reported that in
heading into the 4th quarter expenditures are holding their own with the exception of the
fuel and utility category and the comprehensive plan which is $51,000 over budget, but
money has been pulled out of the reserve to make budget.
B. Health Insurance Proposal:
The Finance Director reported that after receiving an initial quote of 19% increase in the
existing health rates, staff investigated several health insurance options in an effort to
control rising premiums. Additional quotes were received from three major carriers.
Staff recommended changing to Blue Cross/Blue Shield (pool) program based on the
elimination of age rating quote structure from Medica which did not account for premium
increases throughout the year.
M/S/P Johnson/DeLapp — to approve the Blue Cross/Blue Shield Pool Health Insurance
Plan effective October 1, 2005, as recommended by Staff (Motion passed 5-0.)
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 20, 2005 2
6. NEW BUSINESS:
A. Discussion of Council Committee Policies and Procedures
In regard to the Council Committee Meetings, Council member DeLapp explained the
City needs a notification process, a complete agenda with topic identification and direct
notification of affected people for all Council Committee meetings. He suggested
cabling the committee meeting to inform residents on what is happening. e41003
Mayor Johnston stated there are benefits for a Council in discussing strategy°and that all
decisions made by the Council are at a well publicized Council meeting and on camera.
Council member Smith stated she has received calls on Committee agendas and would
like to alert all affected residents of agenda items. Smith said she didn't want the people
to think decisions have been made, but wanted people to come to the meetings for their
input and discussion.
Council member Johnson stated the committee should decide who needs to know and
should they be informed.
WPAC
Council member Conlin suggested that they not add things to he agenda, but these items
should be brought on to the next meeting.
Administrator Rafferty noted that the informalness adds to provide good insight. He said
there has never been intent to keep the people out and that the public is encouraged to
attend the meetings.
M/S/P Johnston/DeLapp — to add this subject to the Co'mcil agenda and if Council or
staff wants to make a specific change submit it kite council packet, items will not be
added to the committee agenda, and agendallems will be clearly specified. (Motion
passed 5-0.)
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Fire Deoartment:Ann oint Doug Perrin and Brad Winkels as District Fire
Chiefs
The City Administrator reported that at the September 6th Council meeting, step 1 of the
selection/hiring process was completed, with the City Council's confirmation of the
Interview Panels recommendation to appoint Chief Malmquist as the LE Fire Chief. The
Fire Chief formed a new interview panel of the same individuals (Mayor Johnston,
Council Member Johnson and Administrator Rafferty) as well as the Chief to interview
and selects for confirmation the two District Fire Chiefs. Doug Pepin and Brad Winkels
were interviewed for the two positions. The interview panel recommended Doug Pepin
and Brad Winkels for the open District Fire Chief positions.
M/S/P DeLapp/Johnson - to confirm Doug Pepin and Brad Winkels as District Fire
Chiefs for their fine service in the past as recommended by the Interview Panel and
consistent with the process adopted in Ordinance 97-141. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINU I ES SEPTEMBER 20, 2005 3
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Chief Malmquist announced the Fire Department raffle will be on Firefighters Day,
October 8, at the Washington County Fairgrounds.
B. Update on Building Dept. Activities:Jim McNamara
The Building Official reported there were three new residential building permits issued
for August, 2005. He reminded residents to change their smoke detector battery, check
their wood burners and properly take care of their chimneys, change filters in their
HVAC units, and make sure there is nothing close to your gas logs and do not burn your
trash in the gas fireplace.
8. CITY ENGINEER'S REPORT:
A. Urodate:Confirmation of Sessing Drainfield Size
The City Engineer and Building Official reported they looked at the end of the trenches
today, checked original design, and required 68 feet of added drain field. Mr. Sessing has
pulled a permit and the contractor is MPCA is licensed. DeLapp asked how did the
trenches get to be 40' plus, were they installed incorrectly or missed by the inspector.
Smith added if this happens again, a penalty of some sorts should be applied. DeLapp
agreed that the City should always penalize people wbo'come in for after -the -fact
variances, permits, etc.
Council member Smith asked if there is a setback from the retaining wall. Prew
responded there is only a setback from a building foundation, not from a wall.
B. Resolution No. 2005-099:Award Bid fotlic Works Facility
Terry Olsen, Project Manager/Project Architect,reported in her memo, dated September
16, 2005, that bids and the response to the AIA 4805 Contractor Statement of
Qualifications were received and reviewed.\Wsen recommended that the City award the
Contract to the lowest bidder, Gen -Con Construction for their base bid of $2,299,000.00.
In addition, a recommendation was made to accept alternates #1, #2, #5A, #5B, #10 and
#12 for a total contract sum of $2,371,400.00
M/S/P Johnson/Smith -- to adopt Resolution No. 2005-099, A Resolution Awarding the
Bid for the Public Works Facility to the lowest bidder, Gen -Con Construction for their
based bid of $2,299,000. In addition to accept alternates #1, #2, #5A, #5B, #10 and #12
for a total contract sum of $2,371,400.00. (Motion passed 5-0.)
C. Resolution No. 2005-100:Award Bid for Water System Interconnect —
Phase III
In his memo dated September 15, 2005, the City Engineer reported the bids for this
project was received on September 9 He recommends that the City award the contract to
the lowest bidder, Chris Riley Utilities, Inc. for their base bid of $612,000.00.
M/S/P Jolmson/DeLapp - to adopt Resolution No. 2005-100, A Resolution Awarding the
Bid for the Water System Interconnect — Phase III project to Chris Riley Utilities, Inc. for
their base bid of $612,000.00. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MENU I ES SEPTEMBER 20, 2005 4
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D. Resolution No. 2005-101:Award Bid for Hilltop Avenue Proiect
In his memo dated September 15, 2005, the City Engineer reported bids for this project
were received on September 9, 2005. He recommended that the City award the contact to
the lowest bidder, Tower Asphalt, for their based bid of $117,249.40.
M/S/P DeLapp/Johnson - to adopt Resolution No. 2005-101, A Resolution Awarding the
Bid for the Hilltop Avenue Street Repairs to the lowest bidder, Tower Asphalt, for their
base bid of $117 249.40. (Motion passed 5-0).
9. PLANNING. LAND USE & ZONING:
A. Deer Glen Amended Oro Concept Plan:Resolution No. 2005-102
The City Planner explained at the September 6th meeting, the Council tabled this (with
the applicant's concurrence) to the meeting of September 20. The purpose of the deferral
was to enable the applicant to submit a complete Concept plan'application reflecting the
partial materials introduced to the Council on September 6t` The Planner indicated that
all the submittal requirements have been received.
Paul Danielson stated they will be proceeding as shown by the graphics dated September
6th. The Council agreed to amend Condition 41, stated in Resolution 2005-102,
eliminating the easterly access to the Bergmann property.
M/S/P Smith/Johnson — to adopt Resolution Nd: 2005-102, A Resolution Approving the
Amended OP Concept Plan of Deer Glen, as amended in Condition 1. Compliance with
the recommendations of the City Engineer and City Attorney except with respect to Road
B as shown on plans. (Motion passed 5-0.)
B. CDBG — Contract for Services ;.
The City Planner reported the City has been approved for a Community Development
Block Grant (CDBG) for a Gas Line Replacement Program within the Cimarron
Manufactured Housing Neighborhood. Individual residents may qualify, based on their
income, for a portion of the grant money on a first come, first served basis to pay for gas
line repairs or replacement. Income eligibility standards are determined by the
Department of Housing and Urban Development (HUD). The Consultant, Molly
Krakowski, will be hired to perform prescreening and interviewing of applicants to
determine whether they meet HUD income standards.
The Council thanked staff for a great job done on the brochure for the Cimarron Gas Line
Replacement Program.
M/S/P Smith/Johnson — to authorize the City Planner to enter into a Professional Services
Agreement with Molly Krakowski, an independent consultant, for determining HUD
income eligibility for CDBG Grant applicants under the Gas Line Replacement Program
in the Cimarron Manufactured Home Neighborhood. The cost of this contact is part of
the CDBG Grant. (Motion passed 5-0.)
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 20, 2005 5
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10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A, Extending Public Water Suronly 3M
The City Administrator reported that at their September 14th meeting, the Public Works
Committee recommended to the Council as a whole a 3 3 million dollar commitment
letter from 3M to reimburse the City for all costs associated with the planning/design and
construction of a municipal water system to serve the Lake Elmo Heights and Tablyn
Park neighborhoods. The Council was asked to accept the grant from 3M for expenses
incurred, authorize the City Engineer to prepare the feasibility report on the project and
set up a public hearing,
M/S/P Johnson/DeLapp — to authorize TKDA to prepare the feasibility report to complete
a feasibility report on the project. (Motion passed 5-0.)
The Minnesota Department of Health will be holding an informational meeting scheduled
for October 25, 2005, at Oakland Junior High School beginning at 6:00 p.m. The Lake
Elmo City Engineer will prepare a feasibility report to complete the project in the 2006
construction season.
M/S/P Johnson/Conlin — to set up a November 1st informational public hearing notifying
the benefiting property owners. (Motion passed 5-0.)
M/S/P DeLapp/Smith - to accept 3M's generous 3.3 million dollar grant for the Water
Extension Project for Lake Elmo Heights and Tablyn Parks neighborhoods. (Motion
passed 5-0.)
Lae 4
Council member Gomzcl noted that the new water tower is just for storage and not a
municipal well. She said the City'sznunicipal wells have been tested and are safe.
12. CITY COUNCIL REPORTS:
Mayor Johnston reported the Ramsey Center for the Arts has moved into the Siedow
house, 3585 Laverne Avenue N., and will be open Wednesday, Friday and Saturdays
from 10 .m. until 2 p.m.
Council member DeLapp suggested that the City Council send representatives to
the Council meeting of surrounding cities that are reviewing the Lake Elmo
Comprehensive Plan to encourage them to recognize the full impact of a partial
urbanization of our City. He stated that they should be discussing the impacts of
our increased surface water runoff on downstream cities, on municipal well impacts
on downstream aquifers, impact on their schools and substantial competition for job
growth with our requirement for 13,000 new professional positions in a new
business park.
Council member Smith stated she attended the West Lakeland Township meeting and a
oenacllersitrber had the plan so she believes we will get a response from them.
7.w,+&ow;
LAKE ELMO CITY COUNCIL MIND I ES SEPTEMBER 20, 2005 - 6
Council member Johnson thanked the Lake Elmo residents for their calls received
following information received from a current council member on a proposal from Two
Rivers Land Trust that was not accurate. She said she appreciated calls to clarify
information which would alleviate innuendoes and tactics used.
Adjourn the meeting at 8:50 p.m.
Respectfully submitted by Sharon Ltmby, City Clerk
Resolution No.
Resolution No.
Resolution No.
Resolution No.
Resolution No.
Resolution No.
2005-097 Approve Claims
2005-098 Partial Payment #3 for Water System Interconnect -Phase I
2005-099 Award Bid for Public Works Facility
2005-100 Award Bid for Water System InterconnectPhase III
2005-101 Award Bid for Hilltop Avenue Project,'g`
2005-102 Deer Glen Amended OP Concept Plan
LAKE ELMO CITY COUNCIL MINUIES SEPTEMBER 20, 2005
7
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Note:Additions to minutes are in BOLD
LAKE ELMO CITY COUNCIL MINUTES
JULY 5, 2005
1. AGENDA
2. MINUTES: June 21, 2005
3. PUBLIC INQUIRLES/INFORMATIONAL:
A. Public Inquiries:
B. Public Informational
4. CONSENT AGENDA:
A. (1) Resolution No. 2005-068:Approving Claims
(2) Resolution No. 2005-069:Approving Claims
B. Feasibility Report for Water Systems Interconnect; Supplemental
Authorization No. 1 for Professional Services
C. Phase II Construction — Extension of Completion Date
5. FINANCE
6. NEW BUSINESS:
A. Xcel Fly Ash Committee:Add two alternates — Mayor Johnston
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Parks Department:Washington County Cooperative Deer Hunt
B. Fire Department Report and Job Description- Verbal
8. CITY ENGINEER'S REPORT:
A. Resolution No. 2005-070: Feasibility Report for Hilltop
9. PLANNING, LAND USE & ZONING:
A. Farms of Lake Elmo: OP Stage Plan/Preliminary Plat, Conditional Use Permit;
Resolution No. 2005-071
B. Request for Safety Street Light TapesttT Project
C. Lake Elmo Development Company:OP Concept — Bergman, Resolution No.
2005-072 — TABLED until July 19th
D. Village Area Master Planner
10. CITY ATTORNEY'S REPORT:
A. Legislative, Finance, Legal, Personnel Committee Report — Sessing/Ziertman
11. CITY ADMINISTRATOR'S REPORT:
A. Library — Mayor. to discuss possible action.
B. Calendar for Comprehensive Plan
12. CITY COUNCIL REPORTS:
Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council
chambers. PRESENT: Conlin, Smith, Johnston, Johnson, DeLapp, City Engineer Prew,
City Attorney Ella, Fire Chief Malmquist, Public Works Supervisor Mike Bouthilet,
Finance Director Tom Bouthilet, and City Administrator Rafferty.
1. AGENDA
Remove 9B. per the request of the developer.
M/S/P smith/Johnson- to approve the July 5, 2005 City Council as amended. (Motion
passed 5-0.)
LAKE ELMO CITY COUNCIL MIND 1'ES JULY 5, 2005 1
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2. MINUTES: June 21, 2005
M/S/P Conlin/Johnson - to approve the June 21, 2005 City Council minutes, as amended.
(Motion passed 5-0).
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries:
Bob Johnson, 10327 47th Street N., asked if the City would blacktop the rest of 50th Street
and Kimbro Avenue. The City Engineer responded this road construction is forecasted
for 2009.
B. Public Informational
4. CONSENT AGENDA:
A. (1) Resolution No. 2005-068:Apnrovinz Claims
M/S/P Smitb/DeLapp - to adopt Resolution No. 2005-068, A Resolution Approving
Claim Numbers 265, 266, 267, DD453 through DD462, 27522 througJh 27539, which
were used for Staff Payroll dated June 23, 2005 claims 27540 through 27576, in the total
amount of $228,960.58. (Motion passed 5-0).
(2) Resolution No. 2005-069: Approving Claims
M/S/P Smith/DeLapp - to adopt Resolution No. 2005-069, A Resolution Approving
Claims Number 27577 in the total amount of $270.00. (Motion passed 4-0-1: Johnson
recluse herself for personal issues.)
B. Feasibility Report for Water Systems Interconnect: Supplemental
Authorization No. 1 for Professional Services
M/S/P Smith/DeLapp - to authorize the City Administrator to sign the Supplemental
Authorization No. 1, Feasibility Report for Water Systems Interconnect which reflects
compensation of $60,000 for this Supplemental Authorization No. 1 added to the original
authorized amount of $18,000. (Motion passed 5-0).
C. Phase II Construction — Extension of Completion Date
In his memo dated June 30, 2005, the City Engineer reported the contractor for Phase II
work is requesting an extension of the completion date for the project from August 1,
2005 to September 1, 2005. This is an extension request due to the wet weather we have
been experiencing. The City Engineer recommended the City process a Change Order to
extend the completion date to September 1, 2005 which will allow the contractor an
adequate amount of time to safely complete the Project.
M/S/P Smith/DeLapp — to approve the extension of the completion date from August 1,
2005 to September 1, 2005 for the Phase II Construction, per the City Engineer's
recommendation. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005
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9. PLANNING, LAND USE & ZONING:
A. Farms of Lake Elmo: OP Stage Plan/Preliminary Plat, Conditional Use Permit:
Resolution No. 2005-071
The City Planner reported the Planning Commission adopted a recommendation to
approve the OP Development Stage Plan, OP Conditional Use Permit and Preliminary
Plat of the "Farms of Lake Elmo". The Plan designates 30 SFD lots, but also designated
three outlots that could become SFD lots should the OP ordinance be amended in the
future from 0.40 to 0.45 dwelling units per buildable acre. The calculations and mapping
regarding Preserved Open Space must be adjusted to comply with OP ordinance
standards as well. In all other respects the Development Stage Plan and Plat reflects the
approved Concept Plan and conditions of approval.
The Parks Commission reviewed the Plan and recommended the Public trail link running
east/west through the site as consistent with the Trail System Plan. Credit for that trail
construction (and easement dedication) as a Public trail will be credited to the Park
Dedication calculation of $143,460.
Tim Freeman, Folz Freeman, Erickson, Inc, provided a memo that addressed the City
Engineer's report. The following were items of concern:
Plat — The plat states that a driveway easement thought the Outlot should be platted for
the exception parcel in case the property owner wants to abandon their existing driveway.
He has had conversations with this property owner, and they like their driveway as it is.
The other issue is putting an easement between two of the new homes or behind the new
homes is intrusive.
Streets — We strongly disagree with the engineer's assessment of the code requiring
concrete curb and gutters The lot widths in this development make installing concrete
curb and gutter cost prohibitive. The City has never required concrete curb and gutter in
OP Developments in the past.
M/S/ Johnston/DeLapp - to change concrete curbs to asphalt curbs in the OP
developments. Council members Conlin, Smith, and Johnson would like to look at the
whole package, not just OP developments. (Motion Withdrawn)
Council member DeLapp said he didn't like the double road coming into the
development and the trail already exceeded the trail requirements.
Mike Bouthilet said there has been preliminary discussion with Washington County who
had not made a decision if there would be a trail into the Regional Park. He said it was
important to do the segment out to 31 sT Street and the money would come out of the park
dedication requirement.
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 4
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M/S/P Johnston/Johnston — to approve placing of water stub and easement for water in
both cases. (Motion passed 5-0).
Council member DeLapp suggested an amendment to request that the Minnesota Land
Trust make a provision to not disallow the property owner to relocate the driveway that
might be convenient. (Motion passed 5-0).
M/S/P DeLapp/Johnston — to request that the Minnesota Land Trust make a provision to
not disallow the property owner to relocate the driveway that might be more convenient
as determined by the property owner. (Motion passed 5-0).
M/S/P Smith, Johnston — to extend trail up to 31 St Street to west of Outlot C paid for from
the Parks Commission Fund. If Washington County doesn't allow an entrance to the
Regional Park, then the trail extension will be eliminated. (Motion passed 5-0).
Council member Conlin asked for a parking lot because she thought it would be safer.
M/S/P Conlin/Johnson - to accept the engineer's recommendation for a parking lot for 5
spaces by the park in the neighborhood. (Motion passed 4-I:Smith felt wider roads
would accommodate any need for parking; added impervious surface is not
necessary.)
M/S/P DeLapp/Johnson - to adopt Resolution No. 2005-071, as amended by previous
council actions and staff recommendations for asphalt curbs according to plan, A
Resolution Approving the OP Development Stage Plan/CUP and Preliminary Plat of
"Farms of Lake Elmo" per plans staff dated June 27 2005, and subject to conditions
listed. (Motion passed 5-0).
B. Request for Safety Street Light:Tanestry Proiect: Developer Requested Agenda
Item Deleted
C. Lake Elmo Development Comnanv:OP Concept — Bergman. Resolution No.
2005-072 — NOT ADOPTED
Mayor Johnston suggested that this OP Concept Plan be sent to the Parks Commission for
their review and comments.
M/S/P Johnston/Johnson — to table the Lake Elmo Development Company OP Concept
Plan and send the plan to the Parks Commission for their review. (Motion passed 5-0.)
D. Village Area Master Planner
The Council directed staff to again present the Master lanner RFQ for Council
consideration, which was provide. Staff has solicited the interest of Dewey Thorbeck to
continue/expand/modify his earlier work as the Village Area Master Planer. The City
Planner advised that Mr. Thorbeck could offer the expanded planning/coordination
efforts by the City the advantage of intimate knowledge of the current Plan version. The
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 5
Planner suggested a City Council Workshop be scheduled for the Council to discuss with
Mr. Thorbeck what the Council's expectations would be for the Master Planner.
The Administrator suggested two ways to do this: 1. Facilitate an RFP and 2. Look
at Thorbeck Alternative.
Council member DeLapp said he didn't want to see four landowners coming up with a
plan they agreed upon and suggested using Bob Engstrom as the Village Area Master
Planner.
Council member Johnson stated because time is short and it is important to share more
details, the City should pursue Thorbeck option which would save us a lot of time.
M/S/ Johnson/Smith — to authorize staff to move in the direction of hiring Dewey
Thorbeck as the Village Area Master Planner for the process of completing the Village
Area Plan.
Council member Smith said she second the motion to speak against the motion.
Council member Smith states that as Council member -elect last November, the
previous Council along with the Council -elect decided to hire a Master Planner for
the Old Village. She is concerned with four developers and their differing views on
the perfect plan for the Old Village. She likens this to a four piece puzzle and feels
that there needs to be someone to oversee this whole process.
Council member Smith said Mr,. Thorbeck is an architect and said she though the City
should use Bob Engstrom, ��; someone of his caliber who has developed The Fields, a
development the City wantsN
Mayor Johnston said if we really want a master planner we let six months go by. He said
the landowners have indicated they will cooperate and the City is not looking for a master
planner that conflict with our plan.
Council member Smith points out that the four developers are not in agreement.
Council member Conlin wants more information on costs, would like to look at all
options, and would like to get bids from all interested parties for the master Planner
position.
Council member Johnson asks if we need sealed bids for an RFQ.
Attorney Filla responds no we do not.
Council member Smith asks why we would limit ourselves to one specific vision
when we can look at others as well.
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 6
Administrator Rafferty says we are looking for a public and private partnership.
We will look at all players and Council can hold interviews and then choose the
Master Planner.
Council member Johnson withdraws previous motion to hire Thorbeck.
M/S/P Johnson/Johnston - to authorize staff to move forward for request of qualifications
and adding in the items of standards, development workshop with developer and a then
hold a workshop with the City Council. (Motion passed 5-0.)
10. CITY ATTORNEY'S REPORT:
A. Legislative. Finance. Legal. Personnel Committee Report — Sessing/Ziertman
At the Special Committee Meeting of June 30, 2005, members heard additional testimony
from both parties and City staff. Mayor Johnston, Committee Chair Johnson and Council
Members DeLapp and Smith attend the Special Committee Meeting. The Committee
adopted the six recommendations to the City Council regarding these issues/allegations
discussed by the Committee. Rod Sessing verbally responded to questions and
summarized the history of the scope of activity on his property, 5699 Keats Avenue.
The Council discussed the six recommendations from. the FLLP Committee and made
the following motions:
Attorney Filla stated the cease and desist; order.was given on October 20, 2004. It is
his recommendation to proceed with civil action in the Washington County Court
because of the ability to discover information we don't have.
Council member Smith asked for a date of compliance for the three -sided structure.
Council member Smith suggests that had Sessings not moved cubic yards of dirt,
there would be no need for the illegal retaining wall.
M/S/P Johnston/Smith — to approve the action recommended in Item No. 1. The Staff and
the City Attorney be directed to proceed with execution of the Building Official's earlier
Order to remove the partially complete three sided structure on the Sessing property for
which no building permit was obtained, but is required. (Motion passed 5-0).
Attorney Filla noted that Resolution Number 97-37 he referred to was actually Resolution
No. 99-37, which laid out the history to use fieldstone. Attorney Filla indicated he sent
Attorney Snyder a copy of Resolution No. 99-37.
Attorney Filla noted that there was never a change to the ordinance.
M/S/P Johnson/Johnston — that staff be directed to research historic topographic
information to determine the extent to which the grading of the Sessing property since
1980. has altered natural drainage in violation of the Citv reg ulations...delete these last
words. (Motion passed)
LAKE ELMO CITY COUNCIL MINUIES JULY 5, 2005 7
Council member DeLapp asked to delete the words "to the detriment of the
Ziertman property".
Rod Sessing handed out a list of 17 businesses in the City where people are allegedly
operating a business out of their home.
Attorney Filla indicated that the City sent out a questionnaire October of 2004
asking specific questions about their business. The Sessings admitted to operating
this business. They appealed the Cease and Desist order on October 26, 2004.
Council upheld the Cease and desist on November 16, 2004.
Attorney Filla expressed that the City is on firm ground regarding the Cease and
Desist.
Jean Anderson, Attorney representing the Sessings, pointed out home occupations have
been on the increase since September 11th and the City ordinance is too broad and needs
to be amended to support small businesses so people can make a living out of their
homes. She suggested placing a moratorium in order to revise the Home Occupation
Ordinance to reflect reality.
Attorney Filla explained the City is saying if you are selling:products and have an
inventory in the house, as stated by Mr. Sessing iri'his literaturee he handed out suggesting
you can't have a fax or fax paper is contrary to the HonOccupation definition. If the
City learns of other identical businesses in the City, he would ask the staff to pursue an
investigation.
Council member Conlin asked if home occupations on the Sessing's list are different
than the Sessing business.
Council member Johnson said she didn't want this to become a witch hunt, but would
like to have the Planning Commission work on Home Occupation and then work on
compliance.
Council member Johnson believes it is inappropriate for semi -trailers to be backing
in and out of residential neighborhoods.
Council member Smith pointed out that businesses like Southern Living and
Partylite does not have on -site storage. She feels that if we allow this type of
warehousing business, people will move to Lake Elmo to avoid renting a facility in a
commercial district.
Mayor Johnston said the Council could delay this for 60 days in order for the Planning
Commission to work on home occupation;
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 8
Steve Ziettuian asked that the City enforce the code as written and proceed with the cease
and desist order.
Council member DeLapp does not like when residents in Lake Elmo ask for
forgiveness rather than ask for permission.
Council member Smith states that it is inappropriate for an attorney to suggest that
this is a family issue rather than a code enforcement issue.
M/S/P Smith/Johnston — it is inappropriate for the Planning Commission to discuss this
when we have a comprehensive plan to complete and is asking staff and the City
Attomey to proceed with the "Cease and Desist" Order issued by the City regarding the
conduct of an illegal home occupation at the Sessing Residence and uphold our code.
(Motion passed 4-1:Johnson said she would like the Planning Commission to finish their
work so we can deal with all home occupations as one unit.).
Rod Sessing asked Attorney Filla a question on the definition of home occupation.
Attorney Filla stated that based on the information that he has this may not even
fall under the home occupation designation, but rather than of a commercial
business. Rod Sessing asks if this is based on information that is circulating.
Attorney Filla replied that it is based mainly on information that Mr. Sessing has
personally provided to the City.
M/S/P DeLapp/Conlin — to direct staff with recommendations no. 5 and 6 regarding the
size of the principal structure and sizes of accessory structures confirmed relative to code
and determine what uses are in there. (Motion passed 5-0.)
The Council said once the City knows what the grading issues are; the staff will look at
maintenance of the retaining wall. The staff does not have topographic information.
M/S/P Johnston/Johnson - to delay Item No. 2 until historic topographic infoiination is
submitted for ItemNo. 3. (Motion passed 5-0).
11. CITY ADMINISTRATOR'S REPORT:
A. Library — Mayor to discuss possible action.
Mayor Johnson reported he attend the Washington County Board Meeting which they
would have answer within 10 to 14 days considering what to do with the library. He said
the estimates have come in higher than what was placed in the budget. He will have
more information in a week.
B. Calendar for Comprehensive Plan
Council member DeLapp stated he would be out of town on July l lth. He added that the
landowners of RAD2 are not happy with the proposal.
Mayor Johnston suggested each council member could submit their input to the Planning
Commission by e-mail or to the Administrator by Wednesday.
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 9
Council member Conlin asked that the map that was presented at the Planning
Commission be sent along with the Planning Commission's rationale.
Council member Smith asked that they also discuss parcels with 3 houses per acre to use
some of the sewer.
M/S/P Johnson/Smith - to approve the proposed calendar for the Comprehensive Plan.
(Motion passed 4-1: DeLapp would like to submit the Comprehensive Plan the Council
would approve and let the Met Council have a chance to accept it.)
12. CITY COUNCIL REPORTS:
Mayor Johnston explained he attended the Washington County workshop with
neighboring cities and they have done a marvelous job with their trail plan and water
runoff.
Council member Smith thanked everyone, Liz and Steve Johnson, Jeanette Behr, Vicki
Grazyek who worked on the 4th of July parade.
The Council adjourns the meeting at 10:40 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No. 2005-068 Approving Claims
Resolution No. 2005-069 Approving Claims
Resolution No. 2005-070 Feasibility Report for Hilltop Avenue
Resolution No. 2005-071 Farms of Lake Elmo
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005
10
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2005-108
RESOLUTION APPROVING CLAIMS
BE IT RESOLVED THAT Claim Numbers 285, 286, DD539 through DD550,
28045 through 28075, were used for Staff Payroll dated October 13th, 2005; claims
28076 through 28128, in the total amount of $180,967.45 are hereby approved.
ADOPTED, by the Lake Elmo City Council on the 18th day of October, 2005.
Dean A. Johnston
Mayor
ATTEST:
Martin J. Rafferty
City Administrator
Accounts Payable
Computer Check Proof List
User: administrator
Printed: 10/13/2005 - 4:06 PM
Invoice No
Vendor:ACTION
154083
Vcndor:AIRGAS
105897160
Vendor:Amer
13289
Vendor:ARAM
629-5821772
Description
Action Rental
Rental - Concrete Saw for City Hall
Check Total:
Airgas North Central
Annual Maint. - Welding Tanks
Check Total:
ar AtneriMark Direct
Recycling Supplies - Mugs
Check Total:
Vendor:ASPENMI
63284
63285
63286
Vcndor:AUTOGLAS
MN2002202
Vendor:BIFFS
W270552
W270553
Aramark
Linen - City Hall
Check Total:
Aspen Mills, Inc.
Patches, T-shirts - Fire Dept.
Patches - Fire Dept.
Patches - Fire Dept.
Check Total:
Auto Glass Specialists
Glass Replacement - 3190
Check Total:
Biffs Inc.
Rental - Portable - Sunfish Lake Park
Rental - Portable - Lions Park
AP - Computer Check Proof List (10/13/2005 - 4:06 PM)
SPR N
Amount Payment Date Acct Number
111.83 10/18/2005
111.83
12.99 10/18/2005
12.99
984.82 10/18/2005
984.82
59.93 10/18/2005
59.93
72.29 10/18/2005
13.20 10/18/2005
35.48 10/18/2005
120.97
209.03 10/18/2005
209.03
74.26 10/18/2005
148.52 10/18/2005
Check Sequence: 1
101-410-1940-44040
Check Sequence: 2
101-430-3100-42400
Check Sequence: 3
101-430-3200-42100
Check Sequence: 4
101-410-1940-44010
Check Sequence: 5
101-420-2220-44170
101-420-2220-44170
101-420-2220-44170
Check Sequence: 6
101-420-2220-44040
Check Sequence: 7
101-450-5200-44120
101-450-5200-44120
SL
`-I
111111111111111.111
Reference
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACII Enabled: No
ACH Enabled: No
ACH Enabled: No
Page 1
Invoice No Description Amount Payment Date Acet Number Reference
W270554 Rental - Portable - VFW Park 74.26 10/18/2005 101-450-5200-44120
W270555 Rental - Portable - DeMontreville Park 74.26 10/18/2005 101-450-5200-44120
W270556 Rental - Portable - Reid Park 74.26 10/18/2005 101-450-5200-44120
W270557 Rental - Portable - Tablyn Park 74.26 10/18/2005 101-450-5200-44120
W270558 Rental - Portable - Pebble Park 94.26 10/18/2005 101-450-5200-44120
W270559 Rental-Portable-Stonegate Park 94.26 10/18/2005 101-450-5200-44120
Check Total: 708.34
Vendor:BOUTI-IM MichaelBouthilet
Travel Claim Reimb. lodging - Snow Mgmt Conf.
Check Total:
Vendor:BOYER Boyer Ford Trucks
S62861 Sterling Truck - Public Works
Check Total:
Vendor:Brimeyer The Brimeyer Group Inc.
205 City Adm. Evaluation
Check Total:
Vendor: CARQUEST
11973
13800
Car Quest
Adhesive - Public Works
Air, Oil Filter, Grease Gun -Publ. Works
Check Total:
Vendor:COPYIMAG Copy Images, Inc.
65002 Monthly Copier Maint.
Check Total:
Vendor: CPTELECO CP Telecom
651-207-1000 Telephone Service - City Hall
Check Total:
Vcndor:DEEPRCIC Deep Rock Water Company
914359570 Water - Public Works
Check Total:
Vendor:DILLERUD CharlesDillerud
Travel Exp. Reimb. mileage/lodging
215.66 10/18/2005
215.66
56,640.00 10/18/2005
56,640.00
750.00 10/18/2005
750.00
5.34 10/18/2005
88.82 10/18/2005
94.16
256.60 10/18/2005
256.60
515.10 10/18/2005
515.10
77.00 10/18/2005
77.00
291.08 10/ 18/2005
Check Sequence: 8 ACH Enabled: No
101-450-5200-43310
Check Sequence: 9 ACH Enabled: No
410-480-8000-45400
Check Sequence: 10 ACH Enabled: No
101-410-1320-44300
Check Sequence: 11 ACI-I Enabled: No
101-430-3100-42210
101-430-3100-42210
Check Sequence: 12
101-410-1940-44040
Check Sequence: 13
101-410-1940-43210
Check Sequence: 14
101-430-3100-44300
Check Sequence: 15
101-410-1910-43310
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
AP - Computer Check Proof List (10/13/2005 - 4:06 PM)
Page 2
Invoice No Description Amount Payment Date Acct Number Reference
Vendor:DTI
105930-Sept.
105930-Sept.
105930-Sept.
105930-Sept.
Vendor:FARMERS '
1037
1037
1241
Vendor:FOUR
23-040801
Vendor:HAGBERGS
00100921
00120909
Vendor:HAWKINS
752406
Vendor:INTERSTA
MD3628
Vendor:LARSON
50901001
Vendor:LEOIL
B01203
501203
Check Total: 291.08
DTI
Telephone Service - Fire Dept.
Telephone Service - Public Works
Telephone Service - Well
Telephone Service - Pump Stations
Check Total:
Farmers Union Co -Op Oil
Fuel - Bldg. Dept.
Car Wash - Bldg. Dept.
Car Wash - Bldg. Dept.
Check Total:
Four Seasons Service
Supplies - City Hall
Check Total:
I-lagbergs Country Market
Supplies - City Hall
Supplies - Elections
Check Total:
Hawkins, Inc.
Hydrotluosilicic Acid - Water
Check Total:
Interstate All Battery Ctr
Batteries - Fire Dept.
Check Total:
LARSON DIESEL SERVICE
Repairs - Dump/Plow Truck
Check Total:
Lake Elmo Oil, Inc.
Bulk Fuel - Public Works
Fuel - Fire Dept.
75.60 10/18/2005
40.81 10/18/2005
20.33 10/18/2005
61.00 10/18/2005
197.74
43.50 10/18/2005
7.44 10/18/2005
7.44 10/18/2005
58.38
39.43 10/18/2005
39.43
21.82 10/18/2005
32.51 10/18/2005
54.33
Check Sequence: 16
101-420-2220-43210
101-430-3100-43210
101-430-3100-43210
101-430-3100-43210
Check Sequence: 17
101-420-2400-42120
101-420-2400-44040
101-420-2400-44040
Check Sequence: 18
101-410-1940-44300
Check Sequence: 19
101-410-1940-44300
101-410-1410-44300
Check Sequence: 20
455.81 10/18/2005 601-494-9400-42160
455.8
Check Sequence: 21
32.00 10/18/2005 101-420-2220-42400
32.00
1,904.13 10/18/2005
1,904.13
2,760.12 10/18/2005
293.14 10/18/2005
Check Sequence: 22
101-430-3100-44040
Check Sequence: 23
101-430-3100-42120
101-420-2220-42120
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 (10/13/2005 - 4:06 PM) Page 3
Invoice No
S01208
Vendor:LERELIEF
State Aid - LE
State Aid - MN
Vendor:MARONEYS
114693
114693
114693
Vendor:MATCO
169855
170480
Vendor:MCLEOD
2292802
Vcndor:MCNAM
Travel Reimb.
Description
Fuel - Parks
Check Total:
Lake Elmo Fire Relief Assn.
Fire State Aid - City Contribution
Fire State Aid -State of MN Contribution
Check Total:
Maroney's Sanitation, Inc
Refuse - City Hall
Refuse - Public Works
Refuse - Parks
Check Total:
Matco Tools
Drills - Public Works
Tools - Public Works
Check Total:
McLeod USA
Telephone Line - Well House in
Check Total:
JamesMcNamara
Reimb. - Airfare, Lodging
Check Total:
Vendor:MEDTRONI MEDTRONIC
PC728392 Annual Maint. - Lifepack Batteries
Check Total:
Vendor:MENARDST Menards - Stillwater
328 Door Opener - Parks
Check Total:
Vendor:MILLEREX
10976
10976
Miller Excavating, Inc.
Gravel
Grading
Amount Payment Date
144.59 10/18/2005
3,197.85
2,690.00 10/18/2005
52,676.00 10/18/2005
55,366.00
95.89 10/18/2005
95.89 10/18/2005
183.96 10/18/2005
375.74
136.37 10/18/2005
303.11 10/18/2005
439.48
43.74 10/18/2005
43.74
1,035.20 10/18/2005
1,035.20
476.00 10/18/2005
476.00
19.95 10/18/2005
19.95
229.95 10/18/2005
1,022.06 10/18/2005
Acct Number Reference
101-450-5200-42120
Check Sequence: 24
101-420-2220-44920
101-420-2220-44920
Check Sequence: 25
101-410-1940-43840
101-430-3100-43840
101-450-5200-43840
Check Sequence: 26
101-430-3100-42400
101-430-3100-42400
Check Sequence: 27
601-494-9400-43210
Check Sequence: 28
101-420-2400-43310
Check Sequence: 29
101-420-2220-42210
Check Sequence: 30
101-450-5200-42230
Check Sequence: 31
101-430-3100-42240
101-430-3100-43150
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 (10/13/2005 - 4:06 PM)
Page 4
Invoice No
Description
Check Total:
Vendor:MNRURAL MN Rural Water Association
2006 City Membership 2006
Check Total:
Vendor:MNSTATET MN State Treasurer
Q3 Bldg Pmt Rpt 3rd Q Bldg Permit Surcharge Rpt
Check Total:
Vendor:MYRONS
FIRE
Vendor:OAKDALE
1000039700
1000046000
Vendor:OAKDRC
40868
40908
Vendor:ONECALL
5090516
Vendor:PELNAR
September 05
Vendor:PITNEYSU
741544
Vendor:PLANTH
785-05
Myron's Service Center
Light Repair - Fire Chief Car
Check Total:
City of Oakdale
Water - North Pit
Water - South Pit
Check Total:
Oakdale Rental Center
Concrete Mix - Sidewalk Repair
Concrete Mix - Sidewalk Repair
Check Total:
Gopher State One-CallOne Call Concepts, Inc
Line Locates - September 05
Check Total:
KathiPelnar
Animal Control
Check Total:
Pitney Bowes Supplies
Postage Supplies
Check Total:
PLANT HEALTH ASSOCIATES, INC
Forestry Services
AP - Computer Check Proof List (10/13/2005 - 4:06 PM)
Amount Payment Date Acct Number
1,252.01
195.00 10/18/2005
195.00
Check Sequence: 32
601-494-9400-44370
Check Sequence: 33
1,992.45 10/18/2005 101-420-2400-43060
1,992.45
22.00 10/18/2005
22.00
1,492.92 10/18/2005
7,341.24 10/18/2005
8,834.16
328.00 10/18/2005
153.35 10/18/2005
481.35
138.00 10/18/2005
138.00
426.49 10/18/2005
426.49
53.23 10/18/2005
53.23
Check Sequence: 34
101-420-2220-44040
Check Sequence: 35
601-494-9400-43820
601-494-9400-43820
Check Sequence: 36
101-410-1940-42230
101-410-1940-42230
Check Sequence: 37
101-430-3100-44300
Check Sequence: 38
101-420-2700-43150
Check Sequence: 39
101-410-1320-42000
Check Sequence: 40
2,110.37 10/18/2005 101-450-5200-44030
Reference
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACI-I Enabled: No
Page 5
Invoice No Description Amount Payment Date Acct Number Reference
Check Total: 2,110.37
Veudor:PRAXAIR PRAXAIR DISTRIBUTION INC. Check Sequence: 41 ACH Enabled: No
683788 Welding Tips & Supplies 52.24 10/18/2005 101-430-3100-42150
Check Total: 52.24
Vendor:PRESS StevenPress Check Sequence: 42 ACH Enabled: No
10/04 Cablecast - City Council - 10/04/05 54.00 10/18/2005 101-410-1320-43620
10/12 Cablecast - Planning Comm. - 10/12/05 54.00 10/18/2005 101-410-1910-43620
Check Total: 108.00
Vendor: QUICKSI Quicksilver Check Sequence: 43 ACH Enabled: No
6254853 Courier Services 131.64 10/18/2005 101-410-1910-43020
Check Total: 131.64
Vendor:Rivertwn RiverTown Newspaper Group Check Sequence: 44 ACH Enabled: No
50035963 Sept Legal Publishing - September 05 394.11 10/18/2005 101-410-1320-43510
Check Total: 394.11
Vendor:ROGERS Rogers Printing Services Check Sequence: 45 ACH Enabled: No
12963 Business Cards - Bldg. Dept 38.33 10/18/2005 101-420-2400-42000
12963 Business Cards - Admin 35.15 10/18/2005 101-410-1320-42000
12963 Business Cards - Finance 35.15 10/18/2005 101-410-1520-42000
Check Total: 108.63
Vendor:RUD DianePrince-Rud Check Sequence: 46 ACH Enabled: No
10/03-10/12 Cleaning - City Hall 240.00 10/18/2005 101-410-1940-44010
10/03-10/12 Cleaning - City Hall 240.00 10/18/2005 101-420-2220-44010
10/03-10/12 Cleaning Supplies 1.96 10/18/2005 101-410-1940-42110
Check Total: 481.96
Vendor: S&T
01KF7653
01KH1993
01K112258
01KH2258
01K1-15232
S&T Office Products, Inc.
Tax for previous invoice
Name Plates
Envelopes for CDBG
Toner, Binder Clips
Toner - Copier
Check Total:
Check Sequence: 47
7.11 10/18/2005 101-410-1910-42000
38.23 10/18/2005 101-410-1320-42000
24.84 10/18/2005 101-410-1910-43013
75.44 10/18/2005 101-410-1320-42000
55.76 10/18/2005 101-410-1320-42000
201.38
ACH Enabled: No
AP - Computer Check Proof List (10/13/2005 - 4:06 PM) Page 6
Invoice No
Vendor:SCHAFKIM
Reimb. Claim
Vendor:SEH
0136066
Vendor:TWINCIT
1922
Vendor: VISALE
Acct ..8040
Acct ..8040
Acct ..8040
Vendor: WAS-REC
1301
Vendor:XCEL
42651470
42734696
42745479
42759263
42769355
42770167
42784112
42797831
42798392
42906104
42907568
42920053
42952373
43431187
43543009
43543009
43543009
43550093
Description
Schaffer, Kimberly
Mileage Reimb. - Land Use Conf.
Check Total:
Short Elliott Hendrickson, Inc
Parks Comm. Workshop
Check Total:
Twin City Water Clinic, Inc.
Water Analysis - September 2005
Check Total:
VISA
UPS Postage
Reg. Fee ULI
Land Use Conf Reg. Fee
Check Total:
Washington County Recorder
Resolution Rec. Fee
Check Total:
Xcel Energy
2759 Legion Ave
City Hall
11194 Upper 33rd St
Traffic at 998 Inwood
11062 34th St
3585 Laverne
Fire Hall 3510 Laverne
Traffic at Manning & Stillwater Blvd
3675 Layton Ave
4259 Jamaca - Public Works
Tennis Courts
Pebble Park
Fire Hall 3511 Laverne
City Lights
Traffic at 194/Inwood
Softball Field
Pump Station at 8860 Hudson
Wells at 3303 Langley/11975 55th St
Amount Payment Date Acct Number
43.65 10/18/2005
43.65
Check Sequence: 48
101-410-1910-43310
Check Sequence: 49
324.00 10/18/2005 404-480-8000-43050
324.00
Check Sequence: 50
20.00 10/18/2005 601-494-9400-43030
20.00
13.51 10/18/2005
35.00 10/18/2005
50.00 10/18/2005
98.51
46.00 10/18/2005
46.00
13.02
430.83
34.28
34.58
15.48
32.66
190.59
27.15
7.43
146.22
7.43
38.34
7.43
1,630.44
27.49
48.83
53.98
1,138.32
10/18/2005
10/18/2005
10/18/2005
10/18/2005
10/18/2005
10/18/2005
10/18/2005
10/18/2005
10/18/2005
10/18/2005
10/18/2005
10/18/2005
10/18/2005
1.0/18/2005
10/18/2005
10/18/2005
10/18/2005
10/18/2005
Check Sequence: 51
601-494-9400-44300
101-410-1110-44370
101-410-1320-44370
Check Sequence: 52
101-410-1320-44300
Check Sequence: 53
101-430-3100-43810
101-410-1940-43810
101-450-5200-43810
101-430-3160-43810
602-495-9450-43810
101-450-5200-43810
101-420-2220-43810
101-430-3160-43810
101-450-5200-43810
101-430-3100-43810
101-450-5200-43810
101-450-5200-43810
101-420-2220-43810
101-430-3160-43810
101-430-3160-43810
101-450-5200-43810
602-495-9450-43810
601-494-9400-43810
Reference
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
AP - Computer Check Proof List (10/13/2005 - 4:06 PM)
Page 7
Invoice No
Description
Check Total:
Total for Check Run:
Total Number of Checks:
Amount Payment Date Acct Number Reference
3,884.50
146,142.97
53
AP - Computer Check Proof List (10/13/2005 - 4:06 PM)
Page 8
Lake EImo
City Council
October 18, 2005
Agenda Section: CONSENT AGENDA
Agenda Item: Stonegate Street Vacation
No. 4B.
At its August 16, 2005 meeting, the City Council directed staff to draft a resolution to result in a vacation of
the three access points as described by the City Engineer. The City Attorney has drafted a resolution
vacating those portions of streets located within Stonegate Addition and the Stonegate 2nd Addition.
Action items:
Motion Second, to adopt Resolution No. 2005-109, A
Resolution Vacating Portions of Streets Located Within Stonegate
Addition and Stonegate Second Addition.
Person responsible:
S. Lumby/3. Filla
Attachments: Time Allocated:
Resolution No. 2005-109
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO, 2005- /09
A RESOLUTION VACATING PORTIONS OF STREETS LOCATED WITHIN STONEGATE
ADDITION AND STONEGATE SECOND ADDITION
WHEREAS, by document dated March 15, 2005, the City of Lake Elmo received
equest from property owners who reside within the Stonegate Addition and the
:_onegate 2nd Addition areas of the City of Lake Elmo to vacate portions of roadways;
and
WHEREAS, the request was considered by the Lake Elmo City Council at a
public hearing on the 19th day of July, 2005; and
WHEREAS, at the conclusion of the public hearing, the Lake Elmo City Council
determined that it was in the public's interest to vacate certain portions of Jewel.
Avenue North, Julep Court North and 8th Street North.
NOW, THEREFORE,
BE IT RESOLVED, that the Lake Elmo City Council hereby vacates the following
street segments:
1. That part of the existing right-of-way of Jewel Avenue North, according
to the plat of Stonegate 2", Washington County, Minnesota, which lies
southerly of a line lying 5.00 feet northerly of and parallel to the
southerly line of said Stonegate 2"d Addition and which southerly line of
Stonegate 2"d Addition is also the south tine of the North Y of the
Northeast''/4 of Section 34, Township 29, Range 21.
2. That part of the existing right-of-way of Julep Court North, according to
the plat of Stonegate 2nd, Washington County, Minnesota, which lies
easterly of a tine lying 5.00 feet westerly of and parallel to the easterly
tine of said Stonegate 2nd Addition, which easterly line of said Stonegate
2nd Addition is also the east line of the Northwest 'A of Section 34,
Township 29 North, Range 21 West.
3. All of the existing right-of-way of 8t Street North within the plat of
Stonegate Addition, Washington County, Minnesota.
BE IT FURTHER RESOLVED, that the Lake Elmo City Council hereby vacates the
above described street segments subject to the condition that public utility and
drainage easements over the vacated street segments be conveyed to the City of Lake
Elmo by the benefiting property owners without cost to the City of Lake Elmo.
ATTESTED BY:
Martin J. Rafferty
Its: City Administrator
F:\usersUaniceterry\LE\Stonegate - Resolution re vacation.doc
CITY OF LAKE ELMO
By:
Dean A. Johnston
Its: Mayor
2
Monthly Operating Report - Revenue
As of October 2005
Description
Current Ad Valorem Taxes
Fiscal Disparities
Liquor License
Wastehauler License
General Contractor License
Heating Contractor License
(Building Permits
Surcharge
Heating Permits
Plumbing Permits
Sewer Permits
Animal License
Utility Permits
Burning Permit
Local Government Aid
MSA - Maintenance
State Fire Aid
PERA Aid
Gravel Tax
(Recycling Grant
ICable Franchise Revenue
Zoning & Subdivision Fees
Plan Check Fees
Sale of Copies, Books, Maps
Assessment Searches
Clean Up Days
Cable Operation Reimbursement
Fines
Miscellaneous Revenue
Interest Earnings
Interfund Operating Transfers
General Fund Total
Water Sales
Tower Rent
Total Water Enterprise
Total Sewer Enterprise Fund
Total Surface Enterprise Fund
Budget Amount I Variance I_
1,923,989 961,029 962,960
12,838 55,523 -42,685
9,000 _ 0 9,000
420 100 3201
175 6,671 -6,496
1,000 860__ 140
176,000 108,953 67,047
10,154 0 10,1541
9,0001 0 9,000
7,000 10,788 -3,788
4,000 01 4,000
1,500 1,4541 46
1,500 1,965 -465
1,200 1,190 101
1,375 4,794 -3,4191
09,068 -9,068
25,000 52,676 -27,676
1,500 1,3751 1261
4,000 3,063 9371
15,000 32,994 -17,994
0 17,164 -17,164
25,000 27,372 -2,372
62,000 35,741 26,259
1,200 1,106 94
500 270 230
5,000 5,591 -591
1,920 1,786 134
65,000 42,534 22,466
22,000 8,200 13,800
60,000 49,443 10,557
64,752 01 64,752
2,512,023 1,441,708! 1,070,315
202,500 175,203
26,500 28,100
229,000 203,303
7,0201 1,300
75,000
105
27,297
-1,600
25,697
5,720
74,895
Total Report
2,823,04t3 _ 1,646,416
1,176,627
Monthly Operating Report
As of 10/18/2005 (Period 10)
Mayor & Council
Part-time Salaries
FICA Contributions
Medicare Contributions
Travel Expense
Miscellaneous
Dues & Subscriptions
Conferences & Training
Administration
Full-time Salaries
PERA Contributions
FICA Contributions
Medicare Contributions
Health/Dental Insurance
Workers Compensation
Office Supplies
Printed Forms
Newsletter/Website
Postage
Travel Expense
Legal Publishing
!Insurance
Cable Operation Expense
Miscellaneous
Dues & Subscriptions
Books
Conferences & Training
Professional Development
Transfer Out
Elections
Part-time Salaries
FICA Contributions
Medicare Contributions
Office Supplies
Printed Forms
Travel Expense
Miscellaneous
Conferences & Training
Other Equipment
Sub -Total
Budget
Amount Variance
12,100
875
204
4,000
8,500
8,0001
5,0001
Comments
6,050 6,050
375 500 _
88 116
84 3,916
4,8941 3,606
8,376 -376 Annual League of Mn Cities=5687.00 +Assoc.of Metro Muni= 2634.00
489 4,511
38,6791 20,356
128,235 $97,209,73
7,091 $4,516.06
7,951 $6,069.53
1,859 $1,419.65
19,1321 $13,577.54
1,7401 $1,721.92
7,000 $4,480.94
800 $417,48
15,000 $14,670.25
9,500 $6,313.20
4,200 $827.35
6,000 $5,396.50
35,000 $30,962.62
1,200 $1,866.04
7,200 $24,809.06
2,250 $2,333.00
500 $0.00
2,500 $152.00
2,000 $160.00
195,032 0
18,323
31,025
2,575
1,881
439
5,554
18 Annual Premium Paid
2,519
3831
330
3,187
3,373
604
4,037 Annual Premium Paid
-666 Reimbursed by Cable Commission
-17,609 Code Codification $12,487 (not Budgeted), Use Tax, Christmas Lights.
-83
500
2,348
1,840
195,032
Sub -Total 454,190
Sub -Total
216903 237,287
1,100 0 1,100
68 0 68
16 0 16
50 0 50
100 0 100
100 0 100
2501 274 -24
500 0I 500
350 1
340 10
2,534 6141 1,920
Accuvote Equipment Annual Maint. Paid
-1-
tsuaget l METIDUi1L l valiance
comments
Finance
Full-time Salaries
PERA Contributions
FICA Contributions
Medicare Contributions
Health /Dental Insurance
Workers Compensation
Office Supplies
Printed Forms
Software Support
Hardware Support
Software Programs
Travel Expense
Miscellaneous
Dues & Subscriptions
Books
Conferences & Training
Sub -Total r
Accounting Services
Assessing Services
City Attorney - Civil
City Attorney - Criminal
Planning & Zoning
'Full-time Salaries
PERA Contributions
FICA Contributions
Medicare Contributions
Health/Dental lnsurance
Workers Compensation
Office Supplies
Printed Forms
Zoning Ordinance Dev - CDBG
Cimarron Study - CDBG
Comprehensive Planning
Engineering Services
'Travel Expense
Cable Operation Expense
Miscellaneous
Dues & Subscriptions
Books
Conferences & Training
Sub -Total
61,198L 40,534
3,4171 2,210
3,831 I 2,517
896! 588
7,969 5,558
839 830
7001 760
809 657
8,995 13,904
3,7011 1,283
1,5601 0
2,0001 54
7001 721
1001 265
200 0
1,000 40
98,5151 69,922
21,264
1,20/
1,314
308
2,411
9 Annual Premium Paid
-60
1521
-4,909 Annual Accounting Software Maintenace Paid (note: Incl. support -all Dept)
2,418
1,560
1,946
-21 Spec. Assessment Billing By Wash Cty $450.00
-165
200
960
28,593
1
22,0001 26,082 -4,082
38,0001 31,066 6,935
26,000 32,470 -6,470
45,000 34,057 10,943
New Annual State Reporting requirements
64,631 53,601 11,030
3,574 4,970 -1,396
4,007 3,346 661
937 783 154
7,962 11,250 -3,288
877 8681 9 Annual Premium Paid
5001 1,8441 -1,344 Comp Plan Materials
5001 4371 631
5,000 01 5,0001
24,000 416 23,5841
10,000 70,764 -60,764 Comp Plan Amendment - Expenditure funded by reserves.
0 0 0
2,700 2,526 174
1,200 979 221
200 360 -160
500 800 -300
200 467 -267
2,000 565 1,435
128,788 153,975 -25,187
Engineering Services
27,8611 28,4431 -582
Attorney Fees
budget
25,000
Amount I Variance Commenis
1,466 23,534
Gov't Building
Cleaning Supplies
Building Repair Supplies
Telephone
Insurance
Electric Utility
Refuse
Repairs/Maint Contractual Bldg
Repairs/Maint Contractual Eqpt
Miscellaneous
Sub -Total
Law Enforcement Services
Fire
Full-time Salaries
Part-time Salaries
PERA Contributions
FICA Contributions
Medicare Contributions
Health/Dental Insurance
Workers Compensation
!Office Supplies
(Printed Forms
EMS Supplies
Fire Prevention
Fuel
Equipment Parts
Building Repair Supplies
Small Tools & Equipment
Physicals
Telephone
Radio
Internet
Travel Expense
Vehicle Insurance
Electric Utility
Repairs/Maint Contractual Bldg
Repairs/Maint Contractual Eqpt
Rentals - Building
Uniforms
Miscellaneous
Dues & Subscriptions
Books
Conferences & Training
3001 _ 291
500 939
5,1001 4,9051
0 27/
6,500 5,982
2,000 1,022
10,000 8,979
7,000 3,578
500 709
31,900 26,683
327,633 339,857
9
-43 J
1951
-2771
5181Anticipated Electric Rates exceeded Budgeted Estimate
9791
1,0211
3,422
-209 City Hall Supplies
5,2171
-12,224
12,999 11,941 1,058
117,200 97,606I 19,594
719 2,416 -1,697
8,034 6,795 1,239
1,879 1,589 290
1,677 1,791 -114
3,580 3,543 37 Annual Premium Paid
1,000 570 430
500 34 466
1,500 1,390 110
4,000 1,237 2,764
4,500 2,769 1,731
500 1,051 -551
200 3151 -115
1,200 1,310 -110,
4,000 3,391 609I
3,500 3,9651 -465
7,500 3,232 4,268
700 0 700
3,0001 3,340 -340
14,8501 13,197 1,653 Annual Premium Paid
5,7001 4,022 1,678 Anticipated Electric Rates exceeded Budgeted Estimate
7,000 8,502 -1,502
25,000 32,855 -7,855
1,080 1,080 0
9,5001 10,727 -1,227
1,3001 19,152 -17,852 17,521 For Fire Survey
2,500 2,377 124
200 26 175
15,000 6,859 8,141
csuagex
Hmouili
vdr'Idrlee
Commenis
Pension Contribution
,Fire State Aid
Equipment
Transfer Out
Building Inspection
Full-time Salaries
PERA Contributions
FICA Contributions
!Medicare Contributions
Health/Dental Insurance
Workers Compensation
Office Supplies
Printed Forms
Fuel
Engineer Sery Utility Permits
Plan Review Charges
Surcharge Payments
Telephone
Travel Expense
Insurance
Repairs/Maint Contractual Eqpt
Rentals - Building
Uniforms
Miscellaneous
Dues & Subscriptions
Books
Conferences & Training
Equipment
Transfer Out
Civil Defense
Animal Control
Printed Forms
Contract Services
Impounding
Miscellaneous
Sub -Total
Sub -Total
Sub -Total
1
1
1
2,690
25,000
2,690
66,414
10,0001
40,0001
338,008
5,110
0
321,294
125,415 94,907
6,935 4,612
7,776 5,898
1,819 1,379
18,845 14,330
1,702 1,684
1,100 388
1,000 171
3,000 322
2,000 0
5,000 0
13,500 7,401
400 361
1,000 1,826
1,200 964
500 9341
4,500] 3,1951
600 187
400 218
800 565
300 2
2,500 1,140
0 157
5,000 0
205,292 140,640
9,000
0
0
-41,414 Offset by State Aid Revenue
4,890
40,0001
16,714 All fire accounts need close monitoring for remainder of year.
30,508
2,323
1,878
440
4,515
18 Annual Premium Paid
712
829
2,6781
2,000
5,000
6,099
39
-826
236
-434
1,305
413
182
2351
2981
1,3601
-157 l Nolse Meter
5,000
64,652
9,000
250 0
8,800
7,000
200
5,740
6,391
76
250
3,060
609
124
16,250
12,207
4,043
bUpyei
Amount
Variance
comments
Public Works
Full-time Salaries
Part-time Salaries
PERA Contributions
FICA Contributions
Medicare Contributions
Health/Dental Insurance
Workers Compensation
Office Supplies
Fuel, 011 and Fluids
Shop Materials
Equipment Parts
Building Repair Supplies
Street Maintenance Materials
Landscaping Materials
Sign Repair Materials
Sand/Salt
Small Tools & Minor Equipment
Engineering Services
Sealcoating & Crack Sealing
Contract Services
Telephone
Travel Expense
(Insurance
j Electric Utility
Refuse
Repairs/Maint Contractual Bldg
Repairs/Maint Imp Not Bldgs
Repairs/Maint Contractual Eqpt
Uniforms
Miscellaneous
Dues & Subscriptions
Conferences & Training
Clean-up Days
Other Equipment
Transfer Out
Street Lighting
Sanitation
Recycling Supplies
Newsletter
Miscellaneous
Sub -Total
Sub -Total
115,938 '72,716 43,222
5,160 0 5,160
6,697 4,021 2,676
7,508 4,511 2,997
1,756 1,055 701
21,187 15,619 5,568
6,740 6,670 70 Annual Premium Paid
300 53 247
12,000 15,065 -3,065 Increased Fuel Prices
2,500 1,751 749
5,000 2,846 2,154
1,000 68 932
12,000 3,356 8,644
2,500 0 2,500
4,000 767 3,233
25,000 9,592 15,408
1,500 1,851 -351
4,000 0 4,000
35,000 0 35,000
45,000 34,5521 10,448
2,750 1,565 1,185
750 45 705
16,000 9,018 6,982 Annual Premium Paid
9,300 5,000 4,300 Anticipated Electric Rates exceeded Budgeted Estimate
1,300 1,022 279
2,000 1,133 867
2,500 29 2,471
8,000i 4,499 3,501
1,2001 1,084 116
2,5001 2,122 378
5001 125 375
5001 595 -95
12,000 9,368 2,633
7,380 1,816 5,564
199,488 0 199,488
580,954 211,914 369,040
18,000 14,1181
6,000 4,316
5,000 0
7,100 1,045
18,100 5,361
3,882 Anticipated Electric Rates exceeded Budgeted Estimate
1,6841
5,000
6,055
12,739
aucige
HrnoUrl
variariee
i.omments
FuII-time Salaries
Part-time Salaries
PERA Contributions
FICA Contributions
Medicare Contributions
I-lealth/Dental Insurance
Workers Compensation
' Office Supplies
Fuel, 011 and Fluids
Shop Materials
Chemicals
Equipment Parts
Building Repair Supplies
Landscaping Materials
Small Tools & Minor Equipment
Telephone
Travel Expense
Insurance
Electric Utility
Refuse
Repairs/Maint Contractual Bldg
Repairs/Maint Imp Not Bldgs
Repairs/Maint Contractual Eqpt
Rentals - Buildings
Uniforms
Miscellaneous
Dues & Subscriptions
Transfer Out
52,660
25,658
4,331
4,856
1,136
7,241
2,585
250
2,200
500
1,000
4,000
500
5,0001
1,000
1,000
0
3,500
7,600
2,400
2,000
30,000
1,000
3,000
200
200
100
18,000
Sub -Total 181,917
1
Total General Fund' 2,633,621
1
34,974
13,031
2,348
2,982
697
5,540
2,558
17,686
0
721
53
950
1,495
104
1,312
117
650
306
2,078
4,016
1,8401
01
10,3081
1,5641
4,984
0
1,875
125
0
94,6301
1
1,756,0841
1
12,627
1,983
1,874
439
1,701
27 Annual Premium Paid
250
1,479
447
50
2,505
396
3,688
883
350
-306
1,422 Annual Premium Paid
3,584
560
2,000
19,692
-564 New tires for trailer, repairs to Tractor
-1,984
200
-1,675 $760.00 Property Taxes for 3585 Laverne
-25
18,000
87,287
851,564 Current estimated projections should meet General Fund Budget for this-
2005 fiscal year.
-6-
Cudgei rimOUnr
vauance
iommenis
Water Enterprise Operating
IFull-time Salaries
PERA Contributions
FICA Contributions
I Medicare Contributions
Health\DentalInsurance
!Workers Compensation
I Office Supplies
Printed Forms
Chemicals
Utility System Maintenance
Water Meters & Supplies
Small Tools & Minor Equipment
Engineering Services
Software Support
Telephone
Postage
Travel Expense
Insurance
Electric Utility
Water Utility
Repairs\Maint Imp Not Bldgs
Miscellaneous
Conferences & Training
Other Equipment
Sub -Total
Sewer Operating Enterprise
Full-time Salaries
PERA Contributions
FICA Contributions
Medicare Contributions
Health/Dental Insurance
Workers Compensation
Utility System Maint Supplies
Small Tools & Minor Equipment
Engineering Services
1I Telephone
Travel Expense
Electric Utility
Sewer Utility - Met Council
Repairs\Maint Imp Not Bldgs
Miscellaneous Expenses
Conferences & Training
II
70,119
3,878
/8
4,3471
1,017
8,618
2,1371
2001
1,500
3,000
3,000
17,500
500
8,000
6,500
2,000
1,120
1,400
3,433
15,806
85,0001
8,0001
10,000I
1,020I
2,0001
72,720
3167L
4,522
-2,601 Payroll Coding issue- See Surface water utility
111
-175
1,0581 _ -41
8,891 __ -273
2,115 22 Annual Premium Paid
314 -114 Invoices printed
77 1,4231
1,554 1,4461
974 2,0261
3,819 13,681
150 350
175,305 -167,305 Water System Study/Mapping - $66,919.00 (To be reclassified into Capital)
1,000 5,500
916 1,084
0 1,120
8741 526
6,4491 -3,016 Annual Premium Paid
10,7311 5,075
66,839 18,161
11,795 -3,795 Water Main Breaks
4,350 5,650
955 65
1,468 532
260,0951 380,640
1
1
1
11,9931
6631
744
174
1,401
463
500
500
Sub -Total H
6,000
2,000
0
2,123
0
4,000
600
17,175
886
1,069
250
2,171
458
51
0
1,987
1,116
63
651
825
1,802
0
500t OL
31,661 28,5041
-120,545
-5,182 Payroll Coding issue- See Surface Water Utility
-223
-325
-76
-770
5 Annual Premium Paid
449
500
4,013
884
-63
1,472
-825
2,198
600
500
3,157
cuagei
Arnount variance 1 ciommenis
Surface Water Utility
Full-time Salaries
PERA Contributions
FICA Contributions
Medicare Contributions
Health/Dental Insurance
Workers' Compensation
Office Supplies
Utility System Maint Supplies
Small Tools & Minor Equipment
Engineering Services
Erosion Control
Software Support
Postage
Contract Services
Repairs/Maint Not Bldg
Miscellaneous Expenses
Transfer Out
1
1
Sub -Total
1
29,523 0 29,523[yroll Coding Sue- See Sewer & Water Operating Enterprise
1,633 0 1,6331
1,830 0 1,8301
428 0 428J _
4,346 0 4,3461__
9001 891 9 Annual Premium Paid
5001 0 500
2,5001 0 2,500
1,0001 711 929
10,0001 9,1471 853
5,0001 0 5,000
4,0001 0 4,000
1,110 0 1,110I
2,500 3,382 -882 Excav Work - Miller Excavating
2,5001 500 2,000
7501 213 5371
30,3151 0 30,315
98,8351 14,2041 84,631
-8-
Lake Elmo
City Council
October 18, 2005
Agenda Section: NEW BUSINESS
Agenda Item: Administrator Performance/Salary Adjustment
No. 6A.
The Council has completed the City Administrator's performance review with the assistance of Jim
Brimeyer, Brimeyer Group. The Council is foiuially accepting the City Administrator's performance
review, which meets or exceeds the expectations of the Council, and approves the recommended salary
adjustment based on the results of the closed session.
Person responsible:
Action items:
Motion Second, to approve the related salary adjustment
based on the results of the City Administrator's performance
review that meets or exceeds the expectations of the City Council.
Attachments: Time Allocated:
Lake Elmo
City Council
Oct. 18, 2005
Agenda Section: Building/Fire/Maintenance No. 7 8,
Agenda Item: Building Department Monthly Update
Backgound Information for Oct. 18.2005
A. Construction Activity Report.
B. Miscellaneous
Action Items: Person responsible:
Informational. No action needed. J. McNamara
Attachments:
Summary Building Report
City of Lake Elmo
Building Department
Building Permit Detail Summary
September 01, 2005 Through September 30, 2005
jOccupancyB
Class Of Work: Add
Permit # Description of Work
4761 fence
4772 instal septic
4789 interior buildout
4788 Interior bulldout
4787 Sign
4771 instal septic
Totals for Class Of Work: Add
Class Of Work: Remodel
Permit*
4756 window replacement
Number of Perrmits = 6
Description of Work
Totals for Class Of Work: Remodel Number of Perrmits = 1
Totals for Occupancy: B Number of Permits = 7
Occupancy U-1
Date Issued Use of Building
9/13/2005 Commercial
9/20/2005 Commercial
Valuation
7,500
2,500
9/29/2005 Office Building 50,000
9/29/2005 Office Building 40,000
9/27/2005 Office Building 500
9/20/2005 Commercial 2,500
Sum of Valuation = 103,000
Date Issued Use of Building
9/9/2005 Commercial
Sum of Valuation =
Valuation
37,500
37,500
Sum of Valuation = 140,500
Monday, October 03, 2005
Page 1 of 5
Class Of Work: Add
Permit# Description Valuation
p Date Issued Use of Building
4779 Deck 9/23/2005 Accessory Building 2,400
4776 Fireplace 9/22/2005 Single Family Dwelling 1,100
4783 Garage 9/27/2005 Single Family Dwelling 29,000
Totals for Class Of Work: Add Number of Perrmits = 3 Sum of Valuation .= 32,500
Class Of Work: Remodel
Permit # Description of Work Date Issued Use of Building
4752 Remodel (including plmg&Htg)
4747 window replacement
Totals for Class Of Work: Remodel Number of Perrmits = 2
Class Of Work: New
Permit #
4762 accessory structure
Totals for Class Of Work: New
Totals for Occupancy: U-1
Occupancy R-3
Description of Work
Number of Perrmits = 1
Number of Permits = 6
9/8/2005 Single Family Dwelling
9/6/2005 Single Family Dwelling
Sum of Valuation =
Date Issued Use of Building
9/14/2005 Accessory Building
Sum of Valuation =
Sum of Valuation =
Valuation
57,000
25,843
82,843
Valuation
7,500
7,500
122,843
Monday, October 03, 2005
Page 2 of 5
Class Of Work:
Permit # Description of Work Date Issued Use of Building Valuation
4749 mobile home setup 9/6/2005 Single Family Dwelling 3,000
4748 mobile home setup 9/6/2005 Single Family Dwelling 3,000
4760 9/12/2005 Single Family Dwelling 0
4778 9/22/2005 Single Family Dwelling 0
Totals for Class Of Work: Number of Pernnits = 4 Sum of Valuation = 6,000
Class Of Work: Add
Permit # Description of Work Date Issued Use of Building Valuation
4790 Other 9/29/2005 Single Family Dwelling 5,000
4792 addition 9/30/2005 Single Family Dwelling 12,000
4768 septic 9/16/2005 Single Family Dwelling 5,000
4793 septic 9/30/2005 Single Family Dwelling 9,000
4773 Gasline 9/21/2005 Single Family Dwelling 600
4782 Deck /concrete slab 9/26/2005 Single Family Dwelling 9,000
4775 septic 9/22/2005 Single Family Dwelling 10,000
4785 Fireplace 9/27/2005 Single Family Dwelling 3,895
4791 driveway 9/29/2005 Single Family Dwelling 4,500
Totals for Class Of Work: Add Number of Permits = 9 Sum of Valuation = 58,995
Monday, October 03, 2005
Page 3 of 5
Class Of Work: Remodel
Penult# Description of Work Valuation
A Date Issued Use of Building
4758 window replacement 9/12/2005 Single Family Dwelling 41,248
4759 Fireplace 9/12/2005 Single Family Dwelling 1,100
4774 Remodel 9/21/2005 Single Family Dwelling 9,300
4767 Basement finish (includes plmg&htg) 9/15/2005 Single Family Dwelling 35,000
4745 window replacement 9/1/2005 Single Family Dwelling 9,990
4769 Deck 9/16/2005 Single Family Dwelling 6,000
4763 Roof Replacement 9/14/2005 Single Family Dwelling 6,400
4780 window replacement 9/23/2005 Single Family Dwelling 3,000
Totals for Class Of Work: Remodel Number of Permits = 8 Sum of Valuation = 112,038
Class Of Work: New
Valuation
Permit # Description of Work - Date Issued Use of Building
4765 New House 9/14/2005 Single Family Dwelling 317,283
4746 Gasline 9/2/2005 Mobile Horne 135
4770 New House and accessory structure 9/19/2005 Single Family Dwelling 625,000
Totals for Class Of Work: New Number of Perrmifs = 3 Sum of Valuation = 942,418
Monday, October 03, 2005 Page 4 of 5
Class Of Work: Repair
Permit # Description of Work Date Issued Use ofBuilding
4781 reroof 9/23/2005 Single Family Dwelling 12,685
4755 9/8/2005 Single Family Dwelling 0
4754 driveway 9/8/2005 Single Family Dwelling 4,000
Totals for Class Of Work: Repair Number of Perrmlts = 3 Sum of Valuation = 16,685
Class Of Work: Alter
Valuation
Permit # Description of Work Date Issued Use of Building Valuation
4757 9/12/2005 Single Family Dwelling 0
4766 septic 9/15/2005 Single Family Dwelling 500
Totals for Class Of Work: Alter Number of Perrmits = 2 Sum of Valuation = 500
Class Of Work: Demolition
Permit # Description of Work Date Issued Use of Building Valuation
4784 demolition 9/27/2005 Mobile Home 2,100
4786 demolition 9/27/2005 Mobile Horne 1,000
Totals for Class Of Work: Demolition Number of Perrmits = 2 Sum of Valuation= 3,100
Totals for Occupancy: R-3 Number of Permits = 31 Sum of Valuation = 1,139,736
Grand Total for All Permits Issued:
Number of Permits 44 Total Valuation = 1,403,079
Monday, October 03, 2005 Page 5 of 5
City of Lake Elmo
Building Department
Plumbing Permit Detail Summary
September 01, 2005 Through September 30, 2005
Permit # Description of Work Date Issued Valuation
4750 Septic exsisting 9/6/2005 6,500
4766 alter septic - 9/15/2005 500
4765 Hookup city water and sewer and plumb new house 9/15/2005 30,000
4768 alter septic 9/16/2005 5,000
4770 new resd plmg & sewer/septic 9/19/2005 35,000
4771 Install New Septic 9/20/2005 2,500
4772 Install New Septic 9/20/2005 2,500
4775 Install Septic 9/22/2005 10,000
4778 alter resd plmg 9/22/2005 400
4793 Install New Septic 9/30/2005 9,000
Number of Permits 10 Total Valuation = 101,400
Monday, October 03, 2005
Page 1' of 1
City of Lake Elmo
Building Department
HVAC Permit Detail Summary
September 01, 2005 Through September 30, 2005
Permit# Description of Work Date Issued Valuation
4744 air conditioning 9/1/2005 8,100
4746 Gasline 9/2/2005 135
4751 alter commercial 9/7/2005 1,200
4753 Gasline 9/8/2005 150
4755 Install Heating Unit in garage 9/8/2005 2,000
4757 alter resd hvac 9/12/2005 2,400
4760 alter resd hvac 9/12/2005 2,400
4765 HVAC-residential 9/15/2005 10,000
4770 HVAC-residential 9/19/2005 12,000
4773 Gasline 9/21/2005 600
4790 air conditioning 9/29/2005 5,000
Number of Permits 11 Total Valuation = 43,985
Monday, October 03, 2005
Page 1 of 1
City of Lake Elmo
Building Department
Building Permit Fees
September 01, 2005 Through September 30, 2005
Date Permit # Permit Fee Surcharge Plan RevieriOther InvestigatimSAC Fee Sewer Fee WAC Fee Meter Sales Tax
9/1/2005 4744 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/1/2005 4745 $181.25 $5.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/2/2005 4746 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/6/2005 4747 $401.85 $12.92 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/6/2005 4748 $100.00 $0.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/6/2005 4749 $100.00 $0.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/6/2005 4750 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/7/2005 4751 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/8/2005 4752 $692,75 $28,50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/8/2005 4754 $50.00 $0.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/8/2005 4755 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/9/2005 4756 $523.05 $18.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/12/2005 4757 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/12/2005 4758 $563,45 $20.62 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/12/2005 4759 $41.80 $0.55 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/12/2005 4760 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/13/2005 4761 $153.25 $3.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/14/2005 4762 $153.25 $3.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/14/2005 4763 $139.25 $3.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/14/2005 4765 $2,214.55 $158.64 $1,439.46 $50.50 $0.00 $0.00 $75.00 $3,000.00 $400.00 $0.00
9/15/2005 4766 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/15/2005 4767 $492.75 $17.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Monday, October 03, 2005 Page 1 of 3
City of Lake Elmo
Building Department
Building Permit Fees
September 01, 2005 Through September 30, 2005
Date Permit # Permit Fee Surcharge Plan Reviellother InvestigatioiSAC Fee Sewer Fee WAC Fee Meter Sales Tax
9/16/2005 4768 $0.00 $0.00 $0.00 $100.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/16/2005 4769 $125.25 $3.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/19/2005 4770 $3,827.50 $312.50 $2,487.88 $50.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/20/2005 4771 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/20/2005 4772 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/21/2005 4773 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/21/2005 4774 $181.25 $4.65 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/22/2005 4775 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/22/2005 4776 $41.80 $0.55 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/22/2005 4777 $23.50 $0.25 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/22/2005 4778 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/23/2005 4779 $83.25 $1.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/23/2005 4780 $83.25 $1.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/23/2005 4781 $223.25 $6.34 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/26/2005 4782 $167.25 $4.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/27/2005 4783 $432.15 $14.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/27/2005 4784 $0.00 $0.00 $0.00 $100.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/27/2005 4785 $97.25 $1.95 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/27/2005 4786 $0.00 $0.00 $0.00 $100,50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/27/2005 4787 $0.00 $0.00 $0.00 $100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/29/2005 4788 $543.25 $20.00 $352.79 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00
9/29/2005 4789 $644.25 $25.00 $418.44 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Monday, October 03, 2005 Page 2 of 3
City of Lake Elmo
Building Department
Building Permit Fees
September 01, 2005 Through September 30, 2005
Date Permit # Permit Fee Surcharge PlanRevienOther Investigatiot6ACFee Sewer Fee WAC Fee Meter Sales Tax
9/29/2005 4790 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/29/2005 4791 $0.00 $0.00 $0.00 $50.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/30/2005 4792 $209.25 $6.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
9/30/2005 4793 $0.00 $0.00 $0.00 $100.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Totals: $12,489.65 $676.62 $4,698.57 $653.50 $0.00 $0.00 $75.00 $3,000.00 $400.00 $0.00
Grand Total of Building Related Fees Collected: $21,993.34
Monday, October 03, 2005
Page 3 of 3
Totals:
City of Lake Elmo
Building Department
HVAC Permit Fees
September 01, 2005 Through September 30, 2005
Date Permit # Permit Fee
9/1/2005 4744 $50.00
9/2/2005 4746 $50.00
9/7/2005 4751 $150.00
9/8/2005 4753 $50.00
9/8/2005 4755 $50.00
9/12/2005 4757 $50.00
9/12/2005 4760 $50.00
9/15/2005 4765 $125.00
9/19/2005 4770 $125.00
9/21/2005 4773 $50.00
9/29/2005 4790 $50.00
Nye $800.00
Ate
Grand Total ofHVACFees Collected:
$805.50
Surcharge
$0.50
$0.50
$0.50
$0.50
$0.50
$0.50
$0.50
$0.50
$0.50
$0.50
$0.50
$5.50
8B.
TKDA
ENGINEERS•ARCHITECTS •PLANNERS
October 18, 2005
Honorable Mayor and City Council
City of Lake Elmo, Minnesota
Re: Award Bid
Elevated Storage Tank No. 2
City of Lake Elmo, Minnesota
TKDA Project No. 13253.000
Dear Mayor and City Council:
1500 Piper Jaffrey Plaza
444 Cedar Street
Saint Paul. MN 55101-2140
(651)292-4400
(651) 292-0083 Fax
www.tkda.com
Bids were received last week for Elevated Storage Tank No. 2. A tabulation of the bids is
attached.
After reviewing the bids the staff recommends that we accept the bid for a 750,000 gallon tank,
composite (concrete base) style.
The rationale for this recommendation is that the cost difference between the 500,000 gallon tank
and the 750,000 gallon tank is actually very reasonable. Also, the City continues to see the per
capita summer peak water use rising. We feel that this additional water storage capacity will be
necessary in a few years.
We are recommending the concrete base because the cost difference between it and the steel base
is $70,000. The cost to repaint the exterior of the base is about $75,000. Considering the base
would need to be repainted every 15 years, you can see that the cost savings over the life of the
tank in painting would be enormous.
We are also recommending that 3 of the alternate bids be accepted. The first one is for the
mezzanine. The mezzanine would house telecommunication equipment. We would lease this
space to the users of it, so that over time the cost of the paid by others. There is very little room
on -site to place this telecommunication equipment.
The second alternate is for additional paint colors. The design of which is yet to be determined.
The final alternate is to delete the below grade valve vault. An above grade heated room would
be built inside the column to house the valves.
An Employee Owned CompanyPromotingAffirmative Action and EqualOpportunily
Award of Elevated Tank Bid.
City of Lake Elmo, Minnesota
October 18, 2005
Page 2
City Council Action Requested
Award the contract for Elevated Tank No. 2 to Chicago Bridge and Iron Constructors in the
amount of $1,169,000.00. This includes acceptance of Alternate Bid Items A4.1, A4.3, and
A4.4.
Sincerely,
Thomas D. Prew, P.E.
City Engineer
Attachment
TDP
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2005-114
A RESOLUTION AWARDING THE BID FOR THE ELEVA 1'ED TANK NO. 2
WHEREAS, pursuant to an advertisement for bids for the Elevated Tank No. 2, bids
were received, opened, and tabulated according to law, and the attached bids were received
complying with the advertisement.
AND WHEREAS, Chicago Bridge and Iron Constructors is the lowest responsible
bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE
ELMO, MINNESOTA:
1. The mayor and clerk are hereby authorized and directed to enter into a contract
with Chicago Bridge and Iron Constructors in the amount of $1,169,000.00 and
includes acceptance of Alternate Bid Items A4.1, A4.3 and A4.4., in the name of
the City of Lake Elmo for the elevated tank no. 2 according to the plans and
specifications therefore approved by the City Council and on file in the office of
the city clerk.
2. The city clerk is hereby authorized and directed to return forthwith to all bidders
the deposit made with their bids, except that the deposits of the successful bidder
and the next lowest bidder shall retained until a contract has been signed.
ADOPTED, by the Lake Elmo City Council this 18th day of October, 2005.
Dean Johnston, Mayor
AT IEST:
Martin J. Rafferty, City Administrator
20 ALTERNATE BID ITEM NO, A3.6
ELEVATED STORAGE TANK NO. 2
CITY OF LAKE ELMO, MINNESOTA
TKDA PROJECT NO. 13253.000
BIDS OPENED: October 12, 2005 at 2:00 PM
"DENOTES ERROR IN BIDDERS CALCULATION
ITEM
NO.
DESCRIPTION
CALDWELL TANKS, INC. CB8,1 CONSTRUCTORS, INC. LANDMARK STRUCTURES I, L.P,
LUMP LUMP LUMP
SUM SUM SUM
BASE BID NO. 1- 0.6 MG Steel Fluted Column Style
1 ALTERNATE BID ITEM NO. A1.1
2 ALTERNATE BID ITEM NO. A1.2
3 ALTERNATE BID ITEM NO. A1.3
4 ALTERNATE BID ITEM NO. A1.4
5 ALTERNATE BID ITEM NO. A1.5
_6
IBASE BID NO. 2- 0.50 MG Composite Style
8
9 ALTERNATE BID ITEM NO. A2.1
10
11
12
Ti
1,020,000.00
$ 90,000.00
$ 926,000.00 $
$ 76,000.00 $
$ 105,000.00 $ 77,000.00 $
$ 10,000.00 $ 1,00000 $
$ (7,000.00) $ (25,000,00) $
$ (55,200.00) $ - $
$ 1,162,800.00 $ 1,065,000.00
ALTERNATE BID ITEM NO. A2.2
ALTERNATE BID ITEM NO. A2.3
ALTERNATE BID ITEM NO. A2.4
ALTERNATE BID ITEM NO. A2.5
017,000.00 $ 1,069,700.00
TKDA
ENGINEERS • ARCHITECTS• PLANNERS
$ 73,000.00 $ _ 40500.00 _ __
74,000.00 $ 43,500.00
$ - $ 1,000.00 $ 4,000.00
(27,000.00) $ (21,000.00)
$ - $ - $ (20,000.00)
___F$ 1,138,000.00 $ 1,116,700.00
14 BASE BID NO. 3-0.75 MG Steel Fluted Column Style $
15
16 ALTERNATE BID ITEM NO. A3.1 1 $
17 ALTERNATE BID ITEM NO. A3.2 1 $
18 ALTERNATE BID ITEM NO. A3.3 $
19 ALTERNATE BID ITEM NO. A3.4 $
$
21 BASE BID NO. 4- 0.76 MG Composite Style
22 ALTERNATE BID ITEM NO. A4.1 Mezz 111
23 ALTERNATE BID ITEM NO. A4.2 Mezz ill
24 ALTERNATE BID ITEM NO. A4.3 Additional Paint
25 ALTERNATE BID ITEM NO. A4.4 Above Grade Valves
26 ALTERNATE BID ITEM NO. A4.5 Late Completion Date
1,187,100.00 $ 1,046,000.00 1 $
$
90,000.00 I $
86,000.00 1 $
1,000.00 I $
(25,000.00)1 $
- $
1,344,100.00 $ 1,198,000.00
'c 1.16,000.00 $
95,000.00 $
110,000.00 $
15,000.00 $
(3,000.00) $
(60,000.00) $
1,187,000.00
79'000:00F $
15,600.00n $
„l-1000.00, $
27;000 00) $
1,244,0d0.00d $
41.500.00
44.500.00
4.500.00
(31,000.00)
S20,000.001
1,226,500.00
F'age 1
.w.. v. LJIVU
ELEVATED STORAGE TANK N0.2
CITY OF LAKE ELMO, MINNESOTA
TKDA PROJECT NO. 13253.000
BIDS OPENED: October 12, 2005 at 2:00 PM
'DENOTES ERROR IN BIDDERS CALCULATION
ITEM
NO.
DESCRIPTION
BASE BID NO. 1- 0.6 MG Steei Fluted Column Style
_I ALTERNATE BID ITEM NO. A1.1
2 ALTERNATE BID ITEM NO. A1.2
3 ALTERNATE BID ITEM NO. A1.3
4 ALTERNATE BID ITEM NO. A1.4
5 ALTERNATE BID ITEM NO. A1.6
6
TKDA
ENGINEERS• ARCHITECTS• PLANNERS
7
8
10
11
12
13 !ALTERNATE BID ITEM NO. A2.6
BASE BID NO. 2- 0.50 MG Composite Style
ALTERNATE BID ITEM NO. A2.1
ALTERNATE BID ITEM NO. A2.2
ALTERNATE BID ITEM NO. A2.3
ALTERNATE BID ITEM NO. A2.4
14 IBASE BID NO. 3.0.75 MG Steel Fluted Column Style
16
17
18
19
20
ALTERNATE BID ITEM NO. A3.1
ALTERNATE BID ITEM NO. A3.2
ALTERNATE BID ITEM NO. A3.3
ALTERNATE BID ITEM NO. A3.4
ALTERNATE BID ITEM NO. A3.6
21 BASE BID NO. 4- 0.76 MG Composite Style
22 ALTERNATE BID ITEM NO. A4.1 Mezz #1
23 ALTERNATE BID ITEM NO. A4.2 Mezz #2
24 ALTERNATE BID ITEM NO. A4.3 Additional Paint
25 ALTERNATE BID ITEM NO. A4.4 Above Grade Valves
26 ALTERNATE BID ITEM NO. A4.5 Late Completion Date
11-
Page 4
TABULATION OF BIDS
ELEVATED STORAGE TANK NO. 2
CITY OF LAKE ELMO, MINNESOTA
TKDA PROJECT NO. 13253.000
BIDS OPENED: October 12, 2005 at 2:00 PM
*DENOTES ERROR IN BIDDERS CALCULATION
ITEM
NO. DESCRIPTION
BASE BID NO. 1. 0.6 MG Steel Fluted Column Style
1 IALTERNATE BID ITEM NO. A1.1
ALTERNATE BID ITEM NO. A1.2
3 ALTERNATE BID ITEM NO. A1.3
4 ALTERNATE BID ITEM NO. A1.4
5 IALTERNATE BID ITEM NO. A1.6
6
TKDA
ENGINEERS• ARCHITECTS• PLANNERS
7 BASE BID NO. 2.0.60 MG Composite Style
6
9
ALTERNATE BID ITEM NO. A2.1
10 ALTERNATE BID ITEM NO. A2.2
11 ALTERNATE BID ITEM NO. A2.3
12 ALTERNATE BID ITEM NO. A2.4
13 IALTERNATE BID ITEM NO. A2.5
14 BASE BID NO. 3-0.76 MG Steel Fluted Column Style
15
16 ALTERNATE BID ITEM NO. A3.1
17
18
19
20
ALTERNATE BID ITEM NO. A3.2
ALTERNATE BID ITEM NO. A3.3
ALTERNATE BID ITEM NO. A3.4
ALTERNATE BID ITEM NO. A3.6
21 BASE BID NO. 4- 0.76 MG Composite Style
_22 IALTERNATE BID ITEM NO. A4.1 Mezz 51
23 JALTERNATE BID ITEM NO. A4.2 Meu 52
24 IALTERNATE BID ITEM NO. A4.3 Additional Paint
25 IALTERNATE BID ITEM NO. A4.4 Above Grade Valves
28 IALTERNATE BID ITEM NO. A4.6 Late Completion Date
Page 5
Lake Elmo
City Council
October 18,
2005
Agenda Section: Planning, Land Use and Zoning No. 9A
Agenda Item: Shoreland Overlay Variance — 8148 Hill Trail (Fazzone)
Background Information for October 18. 2005:
At its meeting October 12, 2005 the Planning Commission conducted a Public Hearing and subsequently
adopted a recommendation to approve this application for a variance from the OHW setback standards of
the zoning ordinance. The applicant proposes to remodel and construct living area and garage (there is no
garage at the present time) additions to this structure that was originally constructed several decades ago —
well prior to the City adopting Shoreland standards. The existing structure is entirely located within the 100
foot OHW setback — extending to within 37 feet of the OHW at the closest point. Most of the house and
garage addition will be located within the OHW setback as well, but no additional encroachment (beyond
the present 37 feet) will result from the proposal.
The attached Resolution includes the Findings recommended by the Planning Commission as well as a
Condition that the applicant comply with the Valley Branch recommendations regarding mitigation.
Action items:
Motion to adopt Resolution 42C5- , approving a variance from
Ordinary High Water setback standards of the zoning ordinance
per plans staff -dated October 6, 2005, as recommended by the
Planning Commission.
Attachments:
1. Resolution #2005 - , Approving Variance
2. Draft Planning Commission Minutes of October 12, 2005
3. Planning Staff Report
4. Applicant's Documentation and Graphics
Person responsible:
Time Allocated:
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2005-110
A RESOLUTION APPROVING A ZONING VARIANCE FOR JAMES AND
MELISSA FAZZONE LOCATED AT 8148 HILL TRAIL NORTH
WHEREAS, James and Melissa Fazzone, 8148 Hill Trail North, has made
application for a variance to Section 325.06 Shoreland Standards, Subd. 4. A. Setback
from Ordinary High Water Level of Lake Demontreville to reconstruct an existing deck
and construct a bedroom addition and 2.5 car attached garage approximately 37 feet from
the Ordinary High Water Level where 100 feet are required.
WHEREAS, at its October 12th meeting, the Planning Commission reviewed and
recommended approval of the variance from the OHW setback standards of the zoning
ordinance at 8148 Hill Trail North, per the plans staff dated October 6, 2005 based on the
following findings:
1. The property cannot be put to reasonable use without the granting of the
variance requested.
2. The variance requested results from circumstances unique to properties where
principal structures were constructed prior to adoption of Shore land
Regulations; and, the circumstances of the variance were not solely created by
the applicant.
3. Granting of the variance will not change the essential character of the
neighborhood.
WHEREAS, at its October 18th meeting, the Lake Elmo City Council reviewed
the variance to Shore land OHW setback standards at 8148 Hill Trail to permit expansion
of the hone and addition of a garage within he OHW setback based on the findings of the
Planning Staff Report of October 6, 2005 and plans staff dated October 6, 2005, and
subject to the following condition:
1. That the applicant comply with the recommendations of the Valley Branch
Watershed District dated September 15, 2005.
ADOPTED BY THE Lake Elmo City Council the 18th day of October. 2005.
Dean Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
Resol. Faaone
Excerpt Planning Commission Meeting Minutes of October 12, 2005 1
-- Variance: 8148 Hill Trail North - Fazzone
PUBLIC HEARING: VARIANCE - Shoreland Setback — Fazzone — 8148 Hill Trail
The Planner explained the application for a variance from shoreland from Lake DeMontreville
for remodel of an existing residential structure and construction of a garage. The original house
was built before 1963. The septic system is the 201 constructed in 1986. The existing garage
was converted to bedrooms around 1984 but no building permit for it exists in the address file.
There is no garage on the site now, and the applicant proposes a 2.5 car garage. The deck has
structural problems and would be rebuilt. The shoreland is being restored. All other setbacks
would be maintained The application is for a 1,000 square feet addition plus the garage. No
additional encroachment to the OHW is proposed. The present encroachment is about 63 feet.
DNR and VBWD were notified and have no objections. There are modifications and conditions
suggested by VBWD in the staff report. The Planner said the application appears to be a
reasonable use and reasonable scale.
Findings
1. The property can not be put to reasonable use without the granting of the variance
requested.
2. The variance requested results from circumstances unique to properties where principal
structures were constructed prior to adoption of Shoreland Regulations; and, the
circumstances of the variance were not solely created by the applicant.
3. Granting of the variance will not change the essential character of the neighborhood.
The Planner recommends approval of the variance subject to compliance with VBWD
recommendations per their memo of September 15, 2005.
Commissioner Ptacek asked for distance to the north property line. Mr. Fazzone said 55 feet
from the addition to the north lot line. The existing setback of 15 feet will be maintained from
the southerly line.
The Planner said the septic system is going to be replaced though the city has not found it to be
non -compliant.
Mr. Fazzone said the house is bright yellow and it will be changed to tan color. There are no
trees between the house and the lake, and 30 feet of shoreland buffer will be reestablished with
indigenous species which the DNR believes will mitigate runoff. The deck is falling apart.
Commissioner Deziel asked if the house can be darker still. The applicant said the trim will be
off white or ivory and the base color will be like taupe.
OPENED THE PUBLIC HEARING AT 7:16 P.M.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:17 P.M.
M/S/P, Van Zandt/Ptacek to recommend approval of the variance for 8148 Hill Trail to
construct a home addition and garage and reconstruction of an existing deck in accordance with
plans staff dated September 28, 2005 and with conditions to the landscaping plan per Valley
Branch Memo from John Hanson dated September 15 to include the construction of shallow
swales adjacent to the driveway and planting of deep-rooted vegetation into those swales.
Excerpt Planning Commission Meeting Minutes of October 12, 2005 2
Variance: 8148 Hill Trail North - Fazzone
The applicant said he was agreeable to those landscaping conditions. He said they are creating
Larger guttering to 4-5 inches to direct runoff away from the lake, roadside of the lot will have
more trees. He said DNR and VBWD were helpful at every step of the way.
VOTE: 9:0.
The Chairman thanked the applicant for the completeness of his presentation materials.
LAKE ELMO PLANNING COMMISSION
STAFF REPORT
Date: October 6, 2005 for the Meeting of October 12, 2005
Applicant: F azzone
Location: 8148 Hill Trail North
Requested Action: Expansion of a Non -conforming Structure
Land Use Plan Guiding: SRD
Existing Zoning: R-1 (Shoreland Overlay)
Site History and Existing Conditions:
This 35,000 square foot tax parcel is the combination of 8 of the "shotgun" lots created adjacent to
Lake Demontreville decades ago. The earliest City records reveal a remodeling in 1963 — likely to
what was previously a lake cabin. Another permit for remodeling was issued in 1973; for 300
square feet of deck in 1974; and, for a 201-funded septic system in 1986 (said by the applicant to
be in need of replacement). The applicant refers to a 1984 conversion of the garage to living area,
but there is no evidence that a City permit was issued for that work. There are no garage facilities
on site today.
The site is wooded with steep topography falling 18 feet from home site to the lake, and 12 feet
from home site to Hill Trail. The existing home/deck is located 37 feet from the Lake
Demontreville Ordinary High Water (OHW) level. Shoreland Overlay regulations — adopted by
the City many years after the home was constructed — require a 100 foot setback to the OHW.
The Valley Branch Watershed District issued a Permit on September 15, 2005 that allows the
applicant to reconstruct the deteriorated retaining walls along the lake front. No City permit was
required due to the limited amount of grading that will occur; and, the DNR has advised that they
were aware of the shoreline improvements, and had suggested many of the restoration features to
the applicant.
Discussion and Analysis:
The applicant proposes to remodel the existing structure/deck; construct an approximately 1,000
square foot addition to the north; and, construct an approximately 1,000 square foot 2.5 car garage
to the west (street side). The home would remain 3 bedroom. Virtually all of those improvements
would be within the 100 foot OHW setback, but no additional encroachment toward the OHW
(beyond the present 63 foot encroachment) is proposed. A Shoreland overlay district variance
would be required to accommodate the proposed increase in structure located within the OHW
setback.
As noted, both the Valley Branch Watershed and Minnesota DNR have been advised of this
application, and neither agency offers objections. Both agencies have suggested mitigation
measures, which we understand the applicant is prepared to incorporate in this construction plans.
Findings and Recommendations:
The applicant's variance request is similar in circumstances, scale and claimed hardship to several
variances approved by the City in recent years where mid-20th Century lakeside houses/cabins
originally constructed prior to Shoreland standards are proposed to be brought up to 21st Century
standards resulting in conflict with those standards.. In some cases these have been garage
additions and some cases they have been home additions. In this case both are proposed.
In each of the prior cases the City addressed a Finding as to whether the applicant's proposed
improvements/expansion constituted a "reasonable use" of the site given contemporary housing
designlfeatures and the scale of the resulting structures in relation to other contemporary structures
on the subject lakefront and/or neighborhood. In some cases the City required modifications to
applicant plans to reduce scale and/or mitigate lakefront impact of the expansion. In at least one
recent case the City denied the variance based on scale, and the Court upheld the City' s decision at
subsequent litigation by the applicant.
In the subject case staff suggests to the Commission that the applicant's plans for home expansion
and a garage — both within the OHW setback — can be found by the City to qualify for the
variance applied for. A hardship would result if the variance is not approved since the applicant's
reasonable use of the property by 21st Century standards would be denied, and the scale of the
proposed expansion is in keeping with that of similar projects in this neighborhood that is slowly
transitioning from the mid-20t Century to the 2lst Century in terms of housing scale and features.
This observation applies to the garage proposal as well. Not only is a garage considered a
requirement in the .Minnesota climate, the proposed scale of garage is close to the "norm" for new
construction garage space in Lake Elmo.
Based on the foregoing discussion staff suggest the following Findings regarding this application
for variance are suggested as follow:
1. The property can not be put to reasonable use without the granting of the variance
requested.
2. The variance requested results from circumstances unique to properties where principal
structures were constructed prior to adoption of Shoreland Regulations; and, the
circumstances of the variance were not solely created by the applicant.
3. Granting of the variance will not change the essential character of the neighborhood.
Planning Commission Actions Requested:
Motion to recommend approval of the variance to Shoreland OHW setback requirements at 81=fe
Hill Trail to permit expansion of the home and addition of a garage within the OHW setback based
on the Findings of the Planning Staff Report of October 6, 2005 and plans staff -dated October 6,
20005, and subject to the condition that the applicant comply with the recommendations of the
Valley Branch Watershed 9is ct dated September 15, 2005.
Caw)
Charles E. Dillerud, City Planner
Attachments:
1. Location Map
2. Valley Branch Permit — September 15, 2005
3. DNR Comment Email
4. Applicant's Documentation and Graphics
— ;ter lberly Schaffel
From: John Hanson Uhanson@barr.com]
Sent: Thursday, September 29, 2005 10:15 AM
To: Chuck Dillerud
Cc: Kimberly Schaffel; Travis Germundson
Subject: Fra7zone Variance Request
Chuck -
At their September 22, 2005 meeting, the Valley Branch Watershed District Board of
Managers approved Mr. Jim Frazzone's request to re -construct his retaining walls adjacent
to Lake DeMontreville. The City should be receiving a copy of the approved permit soon.
Last week, Kim dropped off a packet regarding Mr. Frazzone's variance request. The
variance is apparently needed for him to construct his proposed deck, bedroom addition,
and garage. The features of this proposed project are above the 100-year flood level of
Lake DeMontreville, they will not create 6,000 square feet of impervious surfaces, and
they trigger no other Valley Branch Watershed District permit requirement. Therefore, no
Valley Branch Watershed District permit is needed for the project.
Some features could be added to the project to protect the water quality of Lake
DeMontreville. If possible, Mr. Frazzone should construct shallow swales adjacent to the
driveway and plant the swales with deep-rooted vegetation to capture and infiltrate
runoff. The proposed "planting buffer zone" should also be vegetated with deep-rooted
vegetation. No or very minimal mowing should be done on the steep slope down to the lake.
Let me know if you have questions, or would like a formal comment letter.
John
John P. Hanson, P.E.
Barr Engineering Company
4700 West 77th Street
Minneapolis, MN 55435-4803
952.832.2622 phone
952.832.2601 fax
651.748.4230 VBWD project office
www.barr.com <http://www.barr.com>
www.vbwd.org <http://www.vbwd.org>
1
BARR
Barr Engineering Company
4700 West 77th Street • Minneapolis, MN 55435-4803
Phone: 952-832-2600 • Fax: 952-832-2601
Minneapolis, MN • Hibbing, MN • Duluth, MN • Ann Arbor, MI • Jefferson City, MO
VBWD Permit Review Memorandum
Subject: Jim Fa7zone Fill on Lake DeMontreville, Permit 2005-21
Date: September 15, 2005
Project: 23/82-016 6320 007
LOCATION Southwest side of Lake DeMontreville, $1448 Hill;T* lS4IN ake,Elm_o,':'
SECTION/TOWNSHIP/RANGE Northeast quarter of Section 9, T29N, K21W
PROJECT PURPOSE Reconstruct retaining wall at shoreline
The landowner wishes to reconstruct his retaining walls that abut the T Ake DeMontrevlile shoreline. The issues
related to this proposal are fill being placed within the 100-year floodplain (below Elevation 931.5) of Lake
DeMontreville and erosion control.
Floodplain Fill
The VBWD limits the amount of fill that can be placed within the floodplain of a water body so that the
cumulative impact of all possible filling will not increase the 100-year flood level by 0.1 foot. For Lake
DeMontreville, the limit is 1.7 cubic yards per linear foot of shoreline over the lifetime of the property. The
applicant plans to place about 16 cubic yards of fill within the floodplain of the property. With 160 feet of
shoreline, the proposed fill is below the VBWD fill limit.
Erosion Control
A floating silt curtain should be installed prior to removing the existing retaining wall and re -grading the area.
The curtain should remain in place until the area is stabilized and re -vegetated. The area should be vegetated
within 14 days of final grading. Silt fencing might also be needed to prevent erosion.
SUGGESTED SITE SPECIFIC CONDITIONS
1. The permit fee and cash surety are waived,
2. A buffer of unmowed vegetations shall be established and maintained around Lake DeMontreville. The
buffer shall be at least 16.5 feet from the OHW (Elevation 930).
3. The applicants should review and consider incorporating suggestions outlined in the document,
Lakescaping for Wildlife and Water Quality by the Minnesota Department of Natural Resources.
4. A floating silt curtain shall be installed prior Lo removing the existing retaining wall and re -grading the
area. The curtain shall remain in place until the area is stabilized and re -vegetated.
STANDARD CONDITIONS
1. The VBWD Engineer and Inspector shall be notified at least three days prior to commencement of work
2. Erosion controls shall be installed prior to the commencement of grading operations and be maintained
throughout the construction period until turf is established. Additional erosion controls may be required,
as directed by the VBWD Inspector or VBWD Engineer.
3. All disturbed areas shall be vegetated within 14 days of final grading.
4. This permit is not transferable.
5. The required drainage easements and access as eats shall be recorded with the Washington County
Recorder's Office.
6. This permit is subject to obtaining all other permits required by governmental agencies having jurisdiction
(including a NPDES permit).
7. The applicant is responsible for removal of all erosion control measures including silt fence and hay bales
upon establishment of permanent vegetation at the project site as determined by the VBWD Engineer and/or
Inspector.
. bale' 9n6/2005 21:3624 AM File LlCTre wNDistGWap5&20O5_
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Figure
SITE MAP
JIM FAZZONE FILL
ON LAKE DEMONTREVILLE
Valley Branch Watershed District
2000 4,000
S.-ale in Feet
--_:mber[y Schaffel
From: Travis Germundson[travis.germundson@dnr.state.mn.us]
Sent: Wednesday, September 28, 2005 12:57 PM
To: Kimberly Schaffel
Subject: 8148 Hill Trail North
A majority of the improvements (directing the gutters away from the lake, buffer
zone/native plantings, and replacing the retaining wall with riprap for shoreline erosion
control) were suggestions I presented to the landowner Jim Fazzone at the time they
purchased the property.
The proposed addition/expansion is off to the north side and to the back of the main
structure, which should not increase the nonconformity. Therefore, the reauest appears to
be reasonable.
Travis Germundson
Area Hydrologist
DNR Waters
1200 Warner Rd.
St. Paul, MN 55106
651-772-7914
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a/le Elmo Agenda Section: Planning, Land Use and Zoning No. 9B
City Council
October 18,
2005
Agenda Item: Conditional Use Permit Amendment — Oakdale Gun Club
Background Information for October 18. 2005:
At its meeting October 12, 2005 the Planning Commission conducted a Public Hearing and unanimously
adopted a recommendation to approve this application to permit an addition to an existing equipment
storage structure located near the center of the west 40 acres of the Gun Club property adjacent to 10a`
Street. The addition would increase the storage structure area from 290 square feet to 720 square feet. No
modifications to Gun Club operations would result from this amendment.
Action items:
Motion to adopt Resolution #2005 - , approving an amendment to
the Conditional Use Permit of the Oakdale Gun Club to permit an
addition to an existing storage structure, as recommended by the
Planning Commission and per plans staff -dated October 7, 2005.
Attachments:
1. Resolution #2005 - , Approving CUP Amendment
2. Draft Planning Commission Minutes of October 12, 2005
3. Planning Staff report
4. Applicant's Graphics
Person responsible:
Time Allocated:
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2005-111
A RESOLUTION AMENDING RESOLUTION NO. 88-5
GRANTING A CONDITIONAL USE PERMIT
TO THE OAKDALE GUN CLUB FOR AN OUTDOOR TARGET RANGE
IN THE AGRICULTURAL ZONING DISTRICT
WHEREAS, by Resolution No. 88-5, the Oakdale Gun Club received approval
for a Conditional Use Permit to operate an Outdoor Target Range located at 10386 N.
10th Street,
WHEREAS, by Resolution No. 95-58, the Oakdale Gun Club received approval
for an amendment to allow construction of a caretaker residence and storage building,
WHEREAS, the Oakdale Gun Club has applied for an amendment to the existing
Conditional Use Permit,
WHEREAS, the applicant has submitted all the required documentation and fees
for the application of such expansion of use for the existing Conditional Use Permit; and
W E- FREAS, the Lake Elmo Planning Commission held a public hearing on
October 12, 2005 on the application for an amendment to the Conditional Use Peiruit to
allow construction of a 36 feet by 12 feet expansion to an existing storage building, based
on plans staff dated October 6, 2005; and recommended approval of the Conditional Use
Permit amendment based on the following findings:
1. The proposed CUP amendment will not result in additional impact on the
public health, safety, morals or general welfare of surrounding property.
Operations of the gun club will not be altered as a result of the CUP
amendment.
2. Traffic impacts of the use will not change as a result of the CUP amendment
3. Effect on public utilities and school capacity are not applicable.
4. There will be no changes in visual impact of the use because the storage
building is located in the center of the site.
5. The amendment has no impact on the Comprehensive Plan.
WHEREAS, at its October 18, 2005 meeting, the Lake Elmo City Council
approved the amendment to the Conditional Use Permit allowing construction of a 36
feet by 12 feet expansion of an existing storage building, based on the plans staff dated
October 6, 2005; subject to the following condition:
1. That the applicant continues to comply with the conditions of Resolution No.
88-5, approving the Master Conditional Use Permit.
ADOPTED, by the Lake Elmo City Council on the 18th day of October, 2005.
Dean Johnston, Mayor
ATTEST:
Martin Rafferty, City Administrator
Excerpt Lake Elmo Planning Commission Meeting Minutes of October 12, 2005
CUP Amendement: 10386 loth Street North— Oakdale Gun Club
PUBLIC HI+ARING: AMEND CUP — Oakdale Gun Club — 10386 10th Street
The Planner said the western portion of the site has no gun club activity. Gun activity is
confined to the eastern portion of the site. There have been minor amendments since
1988 when the last major amendment to the Conditional Use Permit was heard. The
applicant proposes to expand a storage building on the site that will also act as a retaining
wall that will buttress a steep slope. The existing building is about 290 square feet and
after enlargement, about 790 square feet.
Five required Findings:
1. The proposed CUP amendment will not result in additional impact on the public
health, safety , morals or general welfare of surrounding property. Operations of
the gun club will not be altered as a result of the CUP amendment. The structure
to be expanded is located near the center of a 40 acre parcel which focuses any
impacts internally to the site.
2. Traffic impacts of the use will not change as a result of the CUP amendment.
3. Effect on public utilities and school capacity are not applicable.
4. There will be no changes in visual impact of the use.
5. The amendment does not have an impact on the Comprehensive Plan.
Based on the foregoing, Staff recommends approval of the CUP amendment.
David Cox, Applicant
Mr. Cox said some equipment at the range gets used two to three months out of the year
and is otherwise stored outside. The berm is eroding adjacent to the existing storage
building. The addition to the storage building will clean up the problems on the site.
THE CHAIRMAN OPENED TILE PUBLIC HEARING AT 7:26 P.M.
Brian LaPlante, 10644 10th Street Court North
Mr. LaPlante said he is an adjoining neighbor. He asked about the public hearing notice
because it said something about the rifle range.
THE CHAIR CLOSED THE PUBLIC HEARING AT 7:28 P.M.
The Planner explained that the reference to the rifle range in the hearing notice is actually
part of the legal description for the parcel.
MIS/P, Ptacek/Deziel, to recommend approval of the 36 X 12 expansion of the existing
storage building per plans dated 10/6/2005. All conditions of Council Resolution 88-5
remain applicable.
VOIE: 9:0.
LAKE ELMO PLANNING COMMISSION
STAFF REPORT
Date: October 7, 2005 for the Meeting of October 12, 2005
Applicant: Oakdale Gun Club
Location: 10386 10th Street North
Requested Action: Conditional Use Permit Amendment
Land Use Plan Guiding: AG (Agriculture)
Existing Zoning: AG (Subject to a Conditional Use Pe tit)
Site History and Existing Conditions:
The City (and East Oakdale Township) file on this 62 acre site extend back to 1965; and, the use
of the site as a gun club likely extends even further back in time. There have been several actions
for the City regarding the gun club, including extensive activity in 1981-1982.
The last formal renewal of the "Master" Conditional Use Permit was in 1988 (Resolution #88-5).
The City approved an amendment to that CUP in 1998 (Resolution #98-58) to permit construction
of a new caretaker residence, a garage related to the residence; and, an accessory storage structure.
The 62 acre site is divided into a 22 acre east portion (where no structures or formal range
facilities are located); and, a 40 acre west portion (upon which all structures and formal range
facilities are located). The 1998 application for an amended CUP resulted in a lengthy Planning
Staff description of a zoning issue related to an earlier mass rezoning of large portions of
undeveloped land in T .ake Elmo to OP. (including the 22 acre east Gun Club site). While the issue
appears to remain pending the general city-wide rezoning actions that will follow the activation of
the new Land Use Plan, this application for CUP amendment again relates to a facility on the west
40 acres (properly zoned AG), so we will not address the OP zoning matter further at this time.
The City has no record of violations of the 1998 CUP or formal complaints regarding Gun Club
operations; and, the conditions to the approval of the 1998 CUP amendment have been complied
with by the applicant.
Discussion and Analysis:
The applicant proposes to amend the CUP to permit enlargement of an existing 290 square foot
storage shed to 720 square feet. The shed rear wall also serves as ground slope retainage, which
will be extended as well. The shed enlargement will match the existing shed siding materials and
roofing. The shed location is near the center of the 40 acre (west site) of the Club, and not visible
from public roads or adjoining properties.
A Public Hearing has been properly Noticed, and should be conducted by the Planning
Commission.
Findings and Recommendations:
Historically, and to this day, the Oakdale Gun Club appears to have remained a "good neighbor"
in Lake Elmo. This proposal to amend the CUP to move storage of Club equipment from outdoors
to an enclosure and retain an existing steep slope in the process appears to be a positive step
toward the "good neighbor" strategy of the Club. As with any application for a CUP (or
Amendment) this application should be addressed as to its compliance with the CUP Findings
prescribed by Section 300.06, Subd. 4, Para.A of the City Code. in that regard, Staff suggests the
following:
1. The proposed CUP amendment will not result in additional impact on the public health,
safety , morals or general welfare of surrounding property. Operations of the gun club will
not be altered as a result of the CUP amendment. The structure to be expanded is located
near the center of a 40 acre parcel which focuses any impacts internally to the site.
2. Traffic impacts of the use will not change as a result of the CUP amendment.
3. Effect on public utilities and school capacity are not applicable.
4. There will be no changes in visual impact of the use.
5. The amendment does not have an impact on the Comprehensive PIan.
Based on the foregoing, Staff recommends approval of the CUP amendment.
Planning Commission Actions Requested:
Motion to recommend approval of an amendment to the Conditional Use Permit of the
Oakdale Gun Club to permit a 36 foot by 12 foot expansion of the storage building located at
the center of the "west 40 acres" per plans staff -dated July 18, 2002. All conditions of City
Council Resolution #88-5 remain applicable.
C6:0029 „
Charles E. Dillerud, City Planner
Attachments:
1. Location Map
2. Resolution #88 — 5
3. Applicant's Documentation
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RESOLUTION 88-5
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO OAKDALE GUN
CLUB FOR OUTDOOR TARGET RANGE IN THE AGRICULTURAL ZONING DISTRICT
WHEREAS, Oakdale Gun Club has applied for a Conditional Use
Permit for an Outdoor Target Range on SE1/4 of SW1/4 of Section
26,T29,R21, subject to easement, located at 10386 North loth Street in
the City of Lake Elmo; and has submitted all required information and
fees for the application for such permit; and,
WHEREAS, Section 301.070 D.b. of the Municipal Code of Lake
Elmo requires a Conditional Use Permit to operate an Outdoor Target
Range in the City of Lake Elmo; and,
WHEREAS, Section 1300 of the ZONING ORDINANCE of the
Municipal Code of Lake Elmo sets forth the conditions under which said
permit may be granted and such use permitted; and
WHEREAS, the applicant meets or exceeds all the conditions
set forth above.
NOW, TRPREFORE, BE IT RESOLVED by the City Council of the
City of Lake Elmo,
THAT, the Conditional Use Permit for Outdoor Target Range at
10386 l0th Street North, Lake Elmo, Minnesota is hereby granted to
Oakdale Gun Club, subject to the following conditions:
1. Fencing
a. Additional fencing, if any, along the north border
(common border with County Park) to be accomplished
per agreement between Club and County Director of
Planning.
b. Fencing along east and west borders to be accomplished
if and when adjacent properties are developed to the
extent that fencing is necessary. A determination as
to when the adjacent properties are sufficiently
developed to require fencing will be made at the time
of permit renewal in future years.
2. Weapons on the shotgun range shall be limited to fine shot
(46 shot) on the shotgun range.
3. There will be no expansion at the present location without
an abatement to this permit.
4. The names of lead range officers and a schedule of events
with the officer in charge shall be provided to the
Washington County Sheriff.
This Conditional Use Permit will be reviewed on an annual basis, and
may be rescinded, after a 2 week notice and a public hearing, if the
City Council finds that the public health, safety, or welfare is
jeopardized.
ADOPTED, this 5th day of January 1988, by the City Council of
the City of Lake Elmo, Washington County, Minnesota.
Signed
Arlyn Christ, Mayor
Attest: 7//7C/rzC
Mary Rneflner, tIdg City Administrator
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/Lake Elmo
City Council
October 18,
2005
Agenda Section: Planning, Land Use and Zoning No. 9C
Agenda Item: Final Plat and Development Agreement — "Farms of Lake Elmo"
Background Information for October 18, 2005:
The OP Prelirinary Plat and Development Agreement for this 33 lot neighborhood was approved by the
City Council at the July 5, 2005 meeting. Subsequent to that action, and upon the approval of the City
Engineer of final infrastructure construction and grading plans (and issuance of the Grading Permit by the
City and Valley Branch), the developer has proceeded with grading and pipe installation (at the developer's
sole risk) — a common practice with prior developments. The City has prepared a Development Agreement
and the developer has now submitted the Final (Record) Plat for City Council approval. No Planning
Commission review of a Final Plat is required since the actual plat design has been approved at the Prelim.
Plat Stage.
The City review at Final Plat stage is to ensure compliance with the approved preliminary play (and any
conditions attached), City Engineer and review of all construction plans/specs and the Development
Agreement. The City Engineer's plans certification is attached along with the plat record drawing and the
proposed Development Agreement.
Note that only a single house building permit can be issued pending the recording of the Final Plat at
Washington County by the developer — subject to removal of the existing farm house from the foundation
(which has been accomplished).
Action items:
41a
Motion to adopt Resolution #2005 - , approving the Final Plat/OP
Final Plan and Development Agreement for "Farms of Lake
Elmo".
Attachments: R l D
1. Resolution #2005 — Approving Final Plat and DA
2. City Engineers Memo on plans
3. Record (Final) Plat Graphic
4. Proposed Development Agreement
5. Resolution Approving Preliminary Plat
Time Allocated:
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2005-112
A RESOLUTION APPROVING THE FINAL PLAT
AND DEVELOPMENT AGREEMENT OF FARMS OF LAKE ELMO
WHEREAS, M & K Development, LLC, ("Applicant") submitted a completed
application requesting that the City of Lake Elmo approve an Open Space Preservation
Development Final Plat and Development Agreement to be known as FARMS OF LAKE
ELMO. The parcel is located southerly of Highway 5 and 31st Street North and northwesterly of
Lalce Elmo Park Reserve and is legally described as follows.
Parcel Legal Descrintion
That part of the North Half of the Northwest Quarter of Section 22, Township 29 North, Range 21 West,
City of Lake Elmo, Washington County, Minnesota described as follows:
Beginning at the northeast corner of said North Half of the Northwest Quarter; thence westerly
along the north line thereof to the east line of the west 690.00 feet of said North Half of the
Northwest Quarter; thence southerly along said east line to the south line of the north 215.00 feet
of said North Half of the Northwest Quarter; thence westerly along said south line to the east line
of the west 440.00 feet of said North Half of the Northwest Quarter; thence southerly along said
east line to the south line of the north 675.00 feet of said North Half of the Northwest Quarter;
thence westerly along said south line to the east line of the west 240.00 feet of said North Half of
the Northwest Quarter; thence southerly along said east line to the south line of the north 875.00
feet of said North Half of the Northwest Quarter; thence easterly along said south line to the east
line of the west 440.00 feet of said North Half of the Northwest Quarter; thence southerly along
said east line to the south line of said North Half of the Northwest Quarter; thence easterly along
said south line to the southwest corner of said North Half of the Northwest Quarter; thence
northerly along the east line thereof to the point of beginning.
Excepting therefrom the parcel described as follows:
Commencing at said northeast corner of the North Half of the Northwest Quarter; thence westerly
along the north line thereof a distance of 700.00 feet to the point of beginning of the parcel to be
excepted; thence south on a line parallel with the east line of said North Half of the Northwest
Quarter a distance of 208.70 feet; thence westerly, parallel with the north line of said North Half
of the Northwest Quarter, a distance of 208.70 feet; thence northerly, parallel with the east line of
said North Half of the Northwest Quarter, a distance of 208.70 feet to the north line of said North
Half of the Northwest Quarter; thence easterly along said north line to the point of beginning.
This property is subject to various easements and restrictions of record.
ALSO
That part of the Southwest Quarter of Section 15, Township 29 North, Range 21 West, City of Lake
Elmo, Washington County, Minnesota, described as follows:
Beginning at a point on the south line of said Southwest Quarter distant 690.00 feet easterly of the
southwest corner of said Southwest Quarter; thence northerly along a line parallel with the west
11
(a_
line of said Southwest Quarter to a point 185.00 feet southerly of the center line of the old so-
called Stillwater and St. Paul Road as measured along said parallel line extended to said center
line; thence easterly along a line parallel with the south line of said Southwest Quarter a distance
of 185.00 feet; thence northerly along a line parallel with the west line of said Southwest Quarter
to said center line of the old so-called Stillwater and St. Paul Road; thence easterly along said
center line to the west line of the east 925.20 feet of said Southwest Quarter; thence southerly
along said west line a distance of 555.60 feet; thence easterly a distance of 225.20 feet to the west
line of the east 700.00 feet of said Southwest Quarter; thence southerly along said west line to the
south line of said Southwest Quarter; thence westerly along said south line to the point of
beginning.
Excepting therefrom the following two parcels:
The parcel of land described in the Warranty Deed recorded in Book 212 of Deeds, on Page 184
in the Office of the County Recorder, Washington County, Minnesota.
The parcel of land described in the Warranty Deed recorded in Book 225 of Deeds, on Page 243
in the Office of the County Recorder, Washington County, Minnesota.
This property is subject to various easements and restrictions of record.
WHEREAS, at its July 5, 2005 meeting, the City Council reviewed and unanimously
recommended approval of the Preliminary Plat of FARMS OF LAKE ELMO for the division of
that parcel into 33 residential lots.
NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council hereby:
Approves the Open Space Final Plat and Development Agreement for FARMS OF LAKE
ELMO as illustrated on an M& K Development, LLC plat prepared by Folz, Freeman, Erickson,
Inc., staff dated October 14, 2005.
ADOPTED, by the Lake Elmo City Council on the 18th day of October, 2005.
ATTEST:
Martin Rafferty, City Administrator
Dean Johnston, Mayor
4
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NOTES
11 CWEN1APON W 1N15 BEARING SYSTEM IS BASED ON 1NE WASHINGTON
COUNTY COORDINATE SYSTEM, SOLAR ZONE.
FARMS OF LAKE ELMO
PART OF THE SOUTHWEST QUARTER SECTION 15 AND PART OF
THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 22,
ALL IN TOWNSHIP 29 NORTH, RANGE 21 WEST, CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
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LAND PLANNING • SURVEYING 4 ENGINEERING
ion
5620 MEMORIAL AVENUE NORTH
jW STILLWATER, MINNESOTA 55082
-- -e —tore T65I 39.8833 Fax (651) 430-9331
it
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CAST IRON MONUMENT--". 1
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SHEET 2 OF 3 SHEETS
RECEIVED
OCT 14 2005
MATCH LINE SAIEET 2 - J-,-
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SCALE IN FEET
FARMS OF LAKE ELMO
Folz, Freeman, Erickson, Inc.
LAND PLANNING 4 SURVEYING e ENGINEERING
PART OF THE SOUTHWEST QUARTER SECTION 15 AND PART OF THE NORTH HALF OF THE NORTHWEST QUARTER s
OF SECTION 22, ALL IN TOWNSHIP 29 NORTH, RANGE 21 WEST, CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA '�'
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1
DRAFT COPY-SUBJ ;CT TO
REVIEW AND APP OVAL BY
C',',Tl COUNT' OFFICIALS
2189.32
LEGEND
O OENORS 8I04CH PIPE MONUMENT MANNLD MM A PLAS$ CAP
INSLNIBE0 LAEEMAN LS 169900, IIN1155 SN045N 001010005E
• DENOTES FOUND MONUMENT, 02E ANC MNBONCn AS INOIGAIEO
NOTES
IT ORIENTATION OF THIS BEARING SYSTEM 15 BASED ON THE WASHINOT0V
COUNTY COORDINATE SYSTEM, SOLON 20NE,
11
11
11
41
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12
6
\
EXISTING
WETLAND
8
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new
9
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WASHINGTON COUNTY
CAST IRON MONUMENT
CENTER CORNER SEC 22 -- --
FARMS OPLAKE ELMO
J
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EAST LINE OF
/
ett
SHEET 30P3 SHEETS
RECEIVED
OCT 14 2005
DEVELOPMENT AGREEMENT
CITY OF LAKE ELMO
Farms of Lake Elmo
1.00 Parties. This Agreement is dated the day of 2005, and is entered
into by and between City of Lake Elmo, a Minnesota municipal corporation
(herein "City"); and M Et K Development, a Minnesota limited liability company
(herein "Developer").
2.00 Property Description. The Developer represents that it is the record fee owner
of property described on Exhibit A, attached and incorporated herein, which
will be platted as Farms of Lake Elmo.
3.00 Final Plat -Approval. On the day of , 2005, the City Council approved the
final plat of , which is attached and incorporated as
Exhibit B . The City's approval was conditioned upon the Developer entering
into this Development Contract.
4.00 Terms and Conditions. NOW, THEREFORE, in reliance upon the representations
contained herein; in compliance with the City's Zoning and Subdivision
Regulations; and in consideration of the mutual undertakings herein expressed,
the parties agree as follows:
4.01 Developer Improvements. The Developer shall construct the following
improvements in compliance with plans and specifications which have
been reviewed and approved by the City's Consulting Engineer, which are
attached and incorporated herein as Exhibit C :
A. Site Grading and Turf Restoration. Site grading improvements
shall include common excavation, subgrade correction,
embankment and pond excavation. Turf restoration shall include
seeding, mulching and erosion control.
1. Site Grading Improvements shall be completed on or before
the 30thday of November, 2005.
2. Turf restoration improvements shall be completed on or
before the 30th day of June, 2006 .
B. Landscaping. Developer shall complete all landscaping
improvements on or before the 30th day of 30th September, 2006 .
C. Storm Sewer. Storm sewer improvements include all necessary
storm sewers, catch basins, culverts, and other apparatus. Storm
sewer improvements shall be completed by the 30th day of
November, 2005.
D. Street Improvements. Street improvements include subgrade
preparation, gravel base, bituminous surfacing, bituminous curb
and concrete curbs, where required.
1. Unusable material within the roadway shall be removed by
the Developer.
2. All subgrade excavation and filling shall be completed by
the Developer in accordance with MNDOT's specifications.
The City reserves the right to test as necessary, at the
Developer's expense, all grading work. A test roll of the
street subgrade shall be passed prior to acceptance of the
subgrade by the City.
3. Subgrade and the initial course of street improvements
shall be completed by the 30th day of November, 2005. The
final wear course of the street shall be completed by the
31 st day of August, 2006. -
E. Waste Water Treatment System/Drain Field. The waste water
treatment system/drain field shall be comprised of a series of
pipes, septic tanks, treatment ponds, drain fields and
appurtenances, and shall be completed prior to the issuance of
any certificates of occupancy.
F. Street Signs. The City will order and install street signs. The
Developer shall pay for all costs incurred by the City.
G. Water Main. Water main improvements include pipes, hydrants
and appurtenances and shall be completed on or before the 30th
day of November, 2005. The developer shall pay the City $9,200
as lateral water main benefit along 31 st Street North.
2
4.02 Estimated Cost of Developer Secured Improvements. The estimated costs of
Developer constructed improvements are as follows:
Improvement Estimated Cost
Site Grading/Turf Restoration $ 0
Landscaping $ 80,000
Storm Sewer $ 155,000
Street Improvements $ 250,000
Sanitary Sewer Laterals $ 155,000
Waste Water Treatment System/Drain Fields $ 380,000
Street Signs $ 1,000
Trails (Private/Public) 90,000
Water Mains $ 183,000
Subtotal $1,294,000
Total Security Required (125% of
Improvements)
$1,617,500
4.03 Improvement Security. Prior to the City's endorsement of approval on
the final plat, the Developer shall deposit security with the City
Administrator in an amount equal to 125% of the City Engineer's estimate
of the cost of constructing the Developer secured improvements which
have not been completed and accepted by the City prior to final plat
approval. The security may be in the form of a cash escrow fund, a
performance bond, or a letter of credit. The form of security shall be
approved by the City Attorney.
4.04 Reduction of Security. Upon completion of required improvements for
the Property and acceptance by the City, the City Council shall reduce
the amount of security for the completed improvements provided that in
no case shalt the total remaining security be equal to less than 125% of
the estimated costs of the incomplete improvements.
4.05 Administrative Fees. Developer agrees to pay an administrative fee to
the City in an amount equal to 2.5% of the Developer's secured
improvements. The administrative fee for this project equals $32,350.
4.06 Utility Company Improvements. The utility improvements include
underground gas, electric, and telephone service as installed by the
appropriate utility company at the direction of the Developer. The
Developer shall arrange for the installation of underground gas, electric,
3
0
telephone and cable television before the final lift is started. Utility
improvements shall be completed by the 31st day of December, 2005.
4.07 Recording Requirements. Prior to the conveyance of any of the lots in
Farms of Lake Elmo, and except as hereinafter provided, prior to the
issuance of any development permits, the Developer shalt provide the
City with evidence that the following documents have been recorded.
A. Plat.
B. A Declaration of Covenants in a form approved by the City's
Attorney. The Declaration of Covenants shall include the
following provisions:
1. Require the Homeowner Association to be responsible for
the Owner's obligations as contained in the appropriate
Conservation or Open Space Easements.
2. Require the Homeowner Association to maintain and
operate the waste water treatment system/drain field.
3. Provide that, in the event of a failure by the Homeowner
Association to satisfy the obligations defined in Section
4.07E and its subdivisions of this Development Agreement,
as determined by the City's Consulting Engineer, the City
may undertake such obligations and assess all costs
incurred to the Homeowner Association; and in such event,
the Developer for itself and for the Homeowner Association
hereby waives the requirements otherwise imposed by MS
429.
4. Provide that any provisions in the Covenants relating to the
obligations defined in Section 4.07B and its subdivisions of
this Development Agreement may not be repealed or
amended without consent of the City.
C. Homeowner Association Articles of Incorporation.
E. A Conservation Easement from the land owner to the City,
attached and incorporated as herein Exhibit D
F. The public traitway easement attached and incorporated herein as
Exhibit E .
4
G. Valley Branch Watershed District Permit.
4.08 Public Use Dedication. The Developer's public use dedication
requirement for Farms of Lake Elmo shall consist of the following:
A. a payment in the amount of $102,454;
B. the dedication or conveyance of the public trail easement; and
C. the construction of approximately 4132 lineal feet of public
trailway per plans approved by the City Engineer at a cost to the
Developer of $40,906.
4.09 Inspection. The City, through its City Engineer, shall provide for
competent inspection during construction of publicly dedicated
infrastructure and private waste water treatment systems/drain fields.
The Developer shall pay the City the amount of $33,000 to compensate
the City for construction inspection services. The City Engineer shall
provide continuous inspections at the site to ensure that the Developer
and its contractors are in compliance with the terms of this Agreement,
and with the infrastructure design standards of the City. The City
Engineer shall be provided a minimum of 24 hours notice prior to the
commencement of underground pipe laying; and prior to subgrade,
gravel base, and bituminous surface construction. Developer's failure to
comply with the terms of this section shall permit the City Engineer to
issue a stop work order which may result in rejection of the work and
which shall obligate the Developer to take all reasonable steps, as
directed by the City's Engineer, to insure that the improvements are
constructed and inspected pursuant to the terms of this Agreement; and
shall further result in the assessment of a penalty in an amount equal to
1%, per occurrence, of the amount of security required in Section 4.03 of
this Agreement.
4.10 Prior Land Occupancy. No Certificate of Occupancy shall be issued for
any homes until the first course of a public street is completed and
approved by the City Engineer, and the developer has provided the City
a certified "as built" of the mass grading of the site which complies with
the approved grading plan. If homes are occupied prior to completion of
street improvements and acceptance by the City, Developer shall
provide all maintenance necessary for such streets including
snowplowing, until final acceptance by the City.
4.11 Binding Effect. The terms and provisions of this agreement shall be
binding upon and inure to the benefit of the heirs, representatives,
successors and assigns of the parties hereto and shalt be binding upon all
future owners of all or any part of the Property. This Agreement, at the
5
0
option of the City, shall be placed of record so as to give notice thereto
to any subsequent purchasers and encumbrancers of all or any part of
the Property and all recording fees, if any, shall be paid by the
Developer.
4.12 Notices. Whenever in this Agreement notice is required to be given by
one party to the other, such notice shall be delivered personally or shalt
be sent by certified mail, return receipt requested to the following
addressees. Such notice shall be deemed timely given when delivered
personally or when deposited in the mail in accordance with this section.
If to the City:
Mr. Martin Rafferty
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
If to the Developer:
M Et K Development, LLC
14791 60th Street North
Stillwater, MN 55082
4.13 Incorporation by Reference. All plans, special provisions, proposals,
specifications and contracts for the improvements furnished and let
pursuant to this Agreement shall be and hereby are made a part of this
Agreement by reference as if fully set out herein.
4.14 Default. The occurrence of any of the following shalt be considered an
"event of default" in the terms and conditions contained in this
Agreement:
A. Failure of the Developer to comply with any of the terms and
conditions contained in this Agreement.
B. The failure of the Developer to comply with any applicable
ordinance or statute with respect to the development of the
Property.
4.15 Remedies. Upon the occurrence of any event of default, the City, in
addition to any other remedy which may be available to it, shall be
permitted to do any of the following:
6
A. City may make advances or take other steps to cure the default,
and, where necessary, enter the Property for that purpose. The
Developer shall pay all sums so advanced or expenses incurred by
the City, upon demand, with interest from the dates of such
advances or expenses at the rate of 10% per annum. No action
taken by the City pursuant to this section shall be deemed to
relieve the Developer from curing any such default to the extent
that it is not cured by the City or from any other default
hereunder. The City shall not be obligated, by virtue of the
existence or exercise of this right, to perform any such act or cure
any such default. The Developer shall save, indemnify, and hold
harmless, including reasonable attorney fees, the City from any
liability or other damages which may be incurred as a result of
the exercise of the City's rights pursuant to this section.
B. Obtain an Order from a Court of competent jurisdiction requiring
the Developer to specifically perform its obligations pursuant to
the terms and provisions of this Agreement.
C. Exercise any other remedies which may be available to it
including an action for damages.
D. Withhold the issuance of any or all building permits and/or
prohibit the occupancy of all building(s) for which permits have
been issued.
E. In addition to the remedies and amounts payable as set forth
herein, upon the occurrence of an event of default, the Developer
shall pay to the City all fees and expenses, including reasonable
attorney, engineering and consulting fees, incurred by the City as
a result of the event of default, whether or not a lawsuit or other
action is formally taken.
0
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to
be executed as of the date and year first above written.
ATTEST:
Martin Rafferty, City Administrator
STATE OF MINNESOTA
COUNTY OF
)
) ss.
CITY OF LAKE ELMO,
a Minnesota statutory city
Dean Johnston, Mayor
On this day of . 2004, before me, a notary public within
and for said county, personally appeared Dean Johnston and Martin Rafferty, to me
known to be respectively the Mayor and City Administrator of the City of Lake Elmo,
and they executed the foregoing instrument and acknowledged that they executed
the same by authority of and on behalf of City of Lake Elmo.
Notary Public
[SIGNATURES CONTINUED ON FOLLOWING PAGE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
8
0 •
By:
STATE OF MINNESOTA )
ss.
COUNTY OF )
On this _ day of , 2005, before me, a notary public within
and for said county, personalty appeared , to me known to be the
of , a Minnesota limited liability company, and he executed the
foregoing instrument and acknowledged that he executed the same by authority of
and onbehalf of the company.
Notary Public
[SIGNATURES PAGE TO DEVELOPMENT AGREEMENT]
9
••
,
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2005-071
A RESOLUTION APPROVING THE OP DEVELOPMENT STAGE PLAN,
CONDITIONAL USE PERMIT, AND PRELIMINARY PLAT OF
FARMS OF LAKE ELMO
WHEREAS, at its April 5, 2005 meeting, the City Council approved the Concept Plan
for FARMS OF LAKE ELMO,
WHEREAS, M & K Development, LLC, made application for an OP Development
Stage Plan, Conditional Use Permit, and Preliminary Plat, FARMS OF LAKE ELMO, to
create 30 residential building lots and twelve outlots on a parcel of 83.8 acres legally
described as follows:
LEGAL DESCRIPTION: EARL FRIEDRICH FARM — FARMS OF LAKE ELMO
That part of the North Half of the Northwest Quarter of Section 22, Township 29 North, Range
21 West, City of Lake Elmo, Washington County, Minnesota described as follows:
Beginning at the northeast corner of said North Half of the Northwest Quarter; thence
westerly along the north line thereof to the east line of the west 690.00 feet of said North
Half of the Northwest Quarter; thence southerly along said east line to the south line of
the north 215.00 feet of said North Half of the Northwest Quarter; thence westerly along
said south line to the east line of the west 440.00 feet of said North Half of the Northwest
Quarter; thence southerly along said east line to the south line of the north 675.00 feet of
said North Half of the Northwest Quarter; thence westerly along said south line to the
east line of the west 240.00 feet of said North Half of the Northwest Quarter; thence
southerly along said east line to the south line of the north 875.00 feet of said North Half
of the Northwest Quarter; thence easterly along said south line to the east line of the west
440.00 feet of said North Half of the Northwest Quarter; thence southerly along said east
line to the south line of said North Half of the Northwest Quarter; thence easterly along
said south line to the southwest corner of said North Half of the Northwest Quarter;
thence northerly along the east line thereof to the point of beginning.
Excepting therefrom the parcel described as follows:
Commencing at said northeast corner of the North Half of the Northwest Quarter; thence
westerly along the north line thereof a distance of 700.00 feet to the point of beginning of
the parcel to be excepted; thence south on a line parallel with the east line of said North
Half of the Northwest Quarter a distance of 208.70 feet; thence westerly, parallel with the
north line of said North Half of the Northwest Quarter, a distance of 208.70 feet; thence
northerly, parallel with the east line of said North Half of the Northwest Quarter, a
distance of 208.70 feet to the north line of said North Half of the Northwest Quarter;
thence easterly along said north line to the point of beginning.
This property is subject to various easements and restrictions of record.
ALSO
That part of the Southwest Quarter of Section 15, Township 29 North, Range 21 West, City of
Lake Elmo, Washington County, Minnesota, described as follows:
Beginning at a point on the south line of said Southwest Quarter distant 690.00 feet
easterly of the southwest corner of said Southwest Quarter; thence northerly along a line
parallel with the west line of said Southwest Quarter to a point 185.00 feet southerly of
the center line of the old so-called Stillwater and St. Paul Road as measured along said
parallel line extended to said center line; thence easterly along a line parallel with the
south line of said Southwest Quarter a distance of 185.00 feet; thence northerly along a
line parallel with the west line of said Southwest Quarter to said center line of the old so-
called Stillwater and St. Paul Road; thence easterly along said center line to the west line
of the east 925.20 feet of said Southwest Quarter; thence southerly along said west line a
distance of 555.60 feet; thence easterly a distance of 225.20 feet to the west line of the
east 700.00 feet of said Southwest Quarter; thence southerly along said west line to the
south line of said Southwest Quarter; thence westerly along said south line to the point of
beginning.
Excepting therefrom the following two parcels:
The parcel of land described in the Warranty Deed recorded in Book 212 of Deeds, on
Page 184 in the Office of the County Recorder, Washington County, Minnesota.
The parcel of land described in the Warranty Deed recorded in Book 225 of Deeds, on
Page 243 in the Office of the County Recorder, Washington County, Minnesota.
This property is subject to various easements and restrictions of record.
WHEREAS, at its June 27, 2005 meeting, the Planning Commission reviewed and
unanimously recommended approval of this Development Stage Plan/CUP/Preliminary Plat
with conditions.
WHEREAS, the OP Development Stage Plan, the Conditional Use Permit and
Preliminary Plat of FARMS OF LAKE ELMO was presented to the City Council at its July
5, 2005 City Council Meeting;
NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of
Lake Elmo does hereby approve and accept the OP Development Stage Plan, Conditional
Use Permit, and Preliminary Plat of FARMS OF LAKE ELMO, per plans that staff dated
June 30, 2005, and July 1, 2005, as the same on file with the City Administrator, based on the
following Conditions:
1. Approval of all plans and specifications by the City Engineer June 14, 2005
Memo).
2. Compliance with the recommendations of the Valley Branch Watershed District,
as found applicable and practical by the City Engineer.
is
•
3. Public Use/Park Dedication shall be $143,360, with credit to that amount for
Public Trail construction cast to west through Outlot B and Outlot A to Jamley
Avenue.
4. Realignment of the Public Trail within Outlot B to intersect the east property
line at a point as close as possible to the wetland at the northeast cornet of the
site.
5. Final Landscape Plan shall reflect additional tree planting along the west and
south site border where abutting platted lands.
6. Recalculation and reconfiguration of lots/oudots for compliance of 33 lot plat
with OP Preserved Open Space standards.
7. Follow staff recommendations for asphalt curbs according to plan.
ADOPTED, by the Lake Elmo City Council on the 5th day of July, 2005.
ATTEST:
Martin J. Rafferty, City Administrator
Farms of Lake Elmo
Dean Johnston, Mayor
1
FARMS OF LAKE ELMO
PRELIMINARY PLAT
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LAND PLANNING 4 SURVEYING 4 ENOINBEIUNG
5620 MRMOILAL AVGNU➢ NORTH
• SIIUWAT3RI MJNNESOTA 55082
9 Robe 1651) 939,8833 Pax l651)9369331
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PART OF THE SOUTHWEST QUARTER SECTION I5AND PART OF
THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION22,
ALL IN TOWNSHIP 29 NORTH, RANGE21 WEST, CITY OFLAKE ELMO
WASHINGTON COUNTY, MINNESOTA
M&X DEVELOPMENT,LLC - FARMS OF LAKE ELMO - LAKE LINO, MN - 08/084852," 211EER23.1424 EO'!.
Lake Ebno
City Council
October 18 ,
2005
Agenda Section: Planning, Land Use and Zoning No. 9D
Agenda Item: Highway 5 By -Pass Study
Backzround Information for October 18. 2005:
Staff was recently contacted by the Deputy County Engineer to report that the County had been in touch
with MnDOT and were advised that the MnDOT portion of the estimated study costs will not be available
during 2006, nor in the foreseeable future. The County is requesting concurrence from the City for the
County to re -appropriate the County's study cost share to County project purposes. The on -going Village
Area Planning exercise by the City is still several weeks from conclusion and, at this point of the work it
does not appear that the Highway by-pass concept is consistent with the consultant's direction on the Plan.
It is recommended by City staff that the Administrator be authorized to advise the County that the City does
not object to re -appropriation of the County's share of the by-pass study estimated costs in 2006, but such
re -appropriation be without prejudice to again addressing such a study at some later date. Also, the
Council's direction regarding the City's portion of the study estimated costs is respectfully requested. The
Council Public Works Committee recommends approval.
Action items:
Motion(s) to approve the Washington County request to re -
appropriate Highway 5 by-pass study funds, and directing
disposition of the City funds formerly allocated for its share of the
study costs.
Person responsible:
City Planner
Attachments: Time Allocated:
1. Council Minutes Approving Study Expenditure
•
CITY OF LAKE ELMO
Public Works
COUNCIL COMMITTEE MINUTES
Tuesday April 12, 2005
Began 6:10 P.M. — Ended 6:50 p.m.
Lake Elmo City Hall
Attendees: Committee members - Chair DeLapp, Councilmember Rita Conlin, Mayor
Dean Johnston and Administrator Rafferty. Also attending Councilmember Liz Johnson,
Councilmember Anne Smith, Planning Chair Bob Helwig, Finance Director Bouthilet,
PW Superintendent Mike Bouthilet, Planner Dillerud and Bud Talcott — MAC Chair.
1. Reroute HWY 5: Per the request of the city council the engineer reported on the scope of
services and progress to study the hwy 5 upgrade/reroute project. He noted that the state had not
yet agreed to provide their 1/3 rd funding for the joint study and that Washing County had
committed to fund their share. He reported that the reroute study concepts were limited to
potential solutions in the general area of the old village and did not extend to hwy 36 or 694. He
also reported that the project was on hold until the state was able to provide their share of the cost.
The committee recommended that the Mayor be permitted to contact legislative representatives to
determine the possibility of funding any suggested improvement.
2. City Park land into land trust: City Council requested the committee evaluate the need to
secure Lake Elmo Park lands in a land trust. The committee suggested the consideration should be
directed to the Parks Commission as part of their project to review current and future uses and
evaluated methods to secure/protect the parks from future unintended uses.
3. Reeional nark land opportunity: The Administrator reported that he and the Mayor had a
discussion with the County Administrator and Commissioner pertaining to acquiring 15 or more
acres of regional park land, presently not being used, for the purpose of a fire station, public park
and potential city hall site directly on Lake Elmo. The concept was well received and referred to
the regional park comprehensive planning committee for consideration. The committee suggested
the City Administrator continue to pursue the possibility. The Administrator reported that the land
would not be able to be purchased but traded for city land of equal value.
4. MAC recommendation on new plow truck: PW Superintendent Bouthilet reported that the
MAC committee had recommended the purchase of a new plow truck consistent with the CIP.
The committee recommended the action for city council action.
5. Update on water tower locations: Engineer Prew provided the committee with an update on the
remaining water tower sites; 3M along hwy 5; PW works site and the West Sunfish site. The
committee suggested that staff continue with the sites identified.
6. Adiourn: 7:45
• Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9E
City Council
October 18,
2005
Agenda Item: Environmental Resources Mapping — Washington County Conservation District
Background Information for October 18, 2005:
On February 27, 2004 the Council approved a "Letter of Endorsement" for and clearly intended the City to
contribute at least $7,500 toward a Conservation District project for land cover mapping of the City — finite
identification of environmental features existing such as tree cover and wetlands. The balance of the
mapping project costs (approximately $7,500) were to come from a State LCMR grant. Unfortunately, the
cuts to projects in the LCMR budget eliminated the match, and the project did not materialize.
The Conservation District has recently contacted City staff regarding re -starting the project, and whether the
City continues to both support the project and continues to be willing to fund in a similar manner as in 2004.
The matching funds would come from another source — perhaps not LCMR this time. We have advised the
District that the Planning Department 2005 "Comprehensive Planning" budget line item is fully committed
to the Plan amendment activities, and there is no similar line item appropriation in the 2006 budget.
If it remains the desire of the City Council to move forward with this project it, and provide the local match
funding it will be necessary to either designate a portion of General Fund Surplus (for 2005) or add this
expenditure to the Planning Department line item budget. The Council Public Works Committee has
reviewed this matter and acted to move the same to the full City Council for consideration on October 18.
Action items:
Council direction regarding City participation and funding of the
Land Cover Mapping project proposed by the Washington County
Conservation District.
Attachments:
1. February 27, 2005 Council Minutes
2. Prior Letter of Endorsement to the Conservation District
Time Allocated:
•
141U Conn
4. CONSENT AGENDA
A. Community Improvement Commission Application: Jill Anderson
The Council received an application from Jill Anderson, Lake Elmo Jaycees Secretary, to
serve on the Community Improvement ommission. Anderson indicated she would like
to see more programs for the children aid for the elderly.
M/S/P Johnston/Dunn - to appoint Jill Anderson to the Community Improvement
Commission. (Motion passed 5-0).
B. Resolution No. 2004-014: Approving Claims
M/S/P Dunn/Siedow — to adopt Resolutio No. 2004-014, Approving Claim Numbers
187, 188, DD104 through DD112, 25132 t`nough 25164, that were used for Fire/Staff
payroll dated February 5, 2004, and Claim umbers 25165 through 25208 dated
February 17, 2004 in the total amount of $2 9,861.13. (Motion passed 5-0.)
The Acting City Administrator reported that ere was no budget report presented
because data will not be accurate until the Cit, closes 1. ;{years books. He noted that the
auditors completed the field audit on Wednes ay, should close books in a week or
two.
5. FINANCE
6. NEW BUSINESS:
A. MLCCS Mapping Grant Washington County Conservation District
Jeff Berg, Washington County Conservation District, informed the Council that the
District (and other metro SWCDs) is applying for a LCMR grant to conduct land cover
mapping within incomplete areas of Washington County. Berg presented a fact sheet on
the advantages and noted that the rule of thumb is $1/acre to do this mapping. Using a
50-50 LCMR-Local match, the dollar amount of Lake Elmo would be approximately
$7,500.
The Planner reported that the 2004 City Operating Budget does provide $10,000 for
undesignated "Comprehensive Planning". The Planner indicated that with many of the
current planning projects completed, or n e J aetion,
particularly, if the local share could
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 27, 2004
3
•
February 19, 2004
Mr. Jeff Berg
Washington Conservation District
1380 W. Frontage Road
Highway 36
Stillwater, MN 55082
Dear Jeff:
The City of Lake Elmo supports the LCMR grant proposal, lead by the Washington
Conservation District, for Application of Land Cover for Natural Resource Protection
Washington County through the granting of a LCMR grant. This effort includes a
significant area within our City, and would be of great benefit to the City in the following
areas.
*Updated Comprehensive Planning
*Natural Resources feature identification within Open Space developments
*Ordinances such as buffers and setbacks, forestry
*Resource management/invasive species control
*Greenways, trails, and parks planning
*Natural areas protection/management
*Surface water management planning
*Information and education for landowners
The City of Lake Elmo agrees to participate with up to $7,500 in matching funding based
on grant funding approval.
Sincerely,
Charles E. Dillerud
Acting City Administrator
m
elmo Agenda Section: CITY ADMINISTRATOR'S REPORT No. 11. A
City Council
October 18, 2005
Agenda Item: Ordinance 97-163 Snowmobile Ordinance Modification
Background:
At the last City Council Committee meeting, the snowmobile ordinance was reviewed for a possible
change. It appears, the issue goes back a couple of years and was considered resolved until WA. CO.
Deputies, this past winter, found a conflict in the code vs. an ordinance believed passed that would limit a
snowmobile operation near a residential structure. City records show that no ordinance modifying the code
was ever passed and finalized. Records also show that an ordinance was prepared to be passed but never
finalized addressing area of concern.
Utilizing the ordinance that was prepared, the Council Committee modified the proposed ordinance
document prohibiting snowmobile operation within 50 feet of a residential structure unless the snowmobile
is owned and operated by the property owner.
Representatives from the snowmobile club were present and stated that they could live with the change.
The City Administrator represented the position of the property owner where the conflict arose earlier this
year. The change as proposed would now protect residential properties and prohibit snowmobile/all-terrain
operators from encroaching no closer than 50 feet from the residential structure on a 24/7/365 basis.
Person resnonsible:
Action Items: to adopt Ordinance 97-163
Martin Rafferty, Administrator
Attachments: Ordinance 97-163
•
CITY OF LAKE ELMO
ORDINANCE NO. 97-163
AN ORDINANCE INCORPORATING MINNESOTA STATUTES CHAPTER 84; AND
SPECIFICALLY RELATING TO THE SNOWMOBILES AND ALL -TERRAIN
VEHICLES WITHIN THE CITY OF LAKE ELMO
THE LAKE ELMO CITY COUNCIL ORDAINS THAT CHAPTER 1011 IS HEREBY
ADDED TO THE MUNICIPAL CODE TO READ AS FOLLOWS:
1011 Snowmobiles and All -Terrain Vehicles
1011.11 Incornoration by Reference. Provisions of Minnesota Statutes Chapter 84,
as amended from time to time, shall be applicable to the City of Lake Elmo.
In those cases where there is a conflict between the provisions of Minnesota
Statutes Chapter 84 and this Chapter 1011, the more restrictive regulation
shall apply.
1011.12 Definitions.
A. All -Terrain Vehicle. "All -Terrain Vehicle" means a motorized
flotation — tired vehicle of not less than three (3) low pressure
tires, but not more than six (6) tires, that is limited in engine
displacement of less than 800 cubic centimeters and total dry wet
less than 900 pounds.
B. Snowmobile. "Snowmobile" means a self-propelled vehicle
designed for travel on snow or ice, steered by skis or runners.
1011.3 Reeulations.
A. No person shall operate a snowmobile or all -terrain vehicle on a
public sidewalk or within the unimproved portion of a city street.
B. No person shall operate a snowmobile or all -terrain vehicle on city
owned property.
C. No person shall operate a snowmobile or all -terrain vehicle
between the hours of 11:00 p.m. and 7:00 a.m.
D. No person shall operate a snowmobile or all -terrain vehicle within
fifty feet (50') of a residential dwelling, which is not owned by the
operator of the snowmobile or the all -terrain vehicle.
THE LAKE ELMO CITY COUNCIL HEREBY REPEALS CHAPTER 1010 AND ITS
SUBDIVISONS.
The Lake Elmo City Council hereby repeals the following definitions which are not included in
Chapter 1050 of the Municipal Code:
All -Terrain Vehicle ("ATV")
Owner (Snowmobile and Recreational Vehicles)
Snowmobile
ADOPTED by the Lake Elmo City Council this 18th day of October, 2005.
CITY OF LAKE ELMO
By:
ATTEST:
Martin J. Rafferty
City Administrator
Dean Johnston
Mayor