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HomeMy WebLinkAbout11-01-05 CCMPt nyor:. Dean J hnston Council members: Rita Conlin Steve DeLapp Liz Johnson Anne Smith Please read: Lake Elmo City Council Tuesday November 1, 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. **6:00 p.m.:CLOSED SESSION — Administrator Performance Review/Salary Adjustment** Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes: 3. PUBLIC INOUIRIES/INFORMATIONAL: A. PUBLIC INQUIRIES: B. PUBLIC INFORMATIONAL: (1) Senior Housing Survey: Brenda Anderson, CIC (2) Ground Breaking Date of November 3rd for Public Works Facility 4. CONSENT AGENDA A. Resolution No. 2005-114:Approving claims B. Partial Payment No. 2 to G.M. Contracting:Resolution No. 2005-115 C. Escrow Reduction for Cardinal View 5. FINANCE 6. NEW BUSINESS A. Request for Extended Work Hours: Hoffman, Hill Trail B. Community Improvement Commission Appointments October 18,2005 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. Lake Elmo City Council Agenda November 1, 2005 Page 2 C. Administrator Review/Salary Adjustment 7. MAINTENANCE/PARK/FIREBUILDING: A. Fire Department:Handbook S. CITY ENGINEER'S REPORT: A. Accept Feasibility Report on Water Project for Tablyn Parh/Lake Elmo Heights and Conduct Informational Hearing Tom Prew 9. PLANNING, LAND USE & ZONING: C. Dillerud A. Moving Building into City:Hardy;Resolution No. 2005-116 B. Zoning Ordinance Text Amendment — Repeal OP Conditional Use — AG/RR Zones:Ordinance No. 97-163 C. Final Plat and Development Agreement - Park Meadows:Resolution No. 2005-117 10. CITY ATTORNEY'S REPORT: A. 11. CITY ADMINISTRATOR'S REPORT: A. Snowmobile Ordinance:Ordinance No. 97-164 - verbal 12. CITY COUNCIL REPORTS: A. Mayor Johnston B. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith MINUTES APPROVED: October 18, 2005 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 ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Extending Public 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 11A. to 6B. for early discussion. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 20, 2005 1 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). MINUTES: September 6, 2005 M/S/P Johnson/DeLapp - to approve the September 6, 2005 City Council Minutes, as amended. (Motion passed 5-0). 3. PUBLIC INOUIRIES/INFORMATIONAL: A. Public Inquiries - NONE B. Public Informational 4. CONSENT AGENDA: A. Resolution No. 2005-097:Approvina 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 Payment 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 Operative 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 clear 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. 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 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. Council member Conlin suggested that they not add things to the agenda during the meeting, 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 Council agenda and if Council or staff wants to make a specific change submit it in the council packet, items will not be added to the committee agenda, and agenda items will be clearly specified. (Motion passed 5-0.) 7. MAINTENANCE/PARK/FIREBUILDING: A. Fire Denartment:Annoint Doug Pepin 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 MINUTES SEPTEMBER 20, 2005 3 Chief Malmquist announced the Fire Department raffle will be on Firefighters Day, October 8, al the Washington'County Fairgrounds. B. Update on Buildine Dent. 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. Uudate:Confirmation of Sessine 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 who 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 for Public Works Facility Terry Olsen, Project Manager/Project Architect, reported in her memo, dated September 16, 2005, that bids and the response to the AIA A305 Contractor Statement of Qualifications were received and reviewed. Olsen 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 Johnson/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 MINUTES SEPTEMBER 20, 2005 4 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 On 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 6`h. 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 6t. The Council agreed to amend Condition #1, stated in Resolution 2005-102, eliminating the easterly access to the Bergmann property. M/S/P Smith/Johnson — to adopt Resolution No. 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 Krakowslci, 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 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Extendine Public Water Supply-3M The City Administrator reported that at their September 14a' 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 l 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.) Council member Conlin noted that the new water tower is just for storage and not a municipal well. She said the City's municipal 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 Lalce 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 township board member had the plan so she believes we will get a response from them. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 20, 2005 6 Council member Johnson thanked the Lake Elmo residents for their calls 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 Lumby, 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 Interconnect -Phase III 2005-101 Award Bid for Hilltop Avenue Project 2005-102 Deer Glen Amended OP Concept Plan LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 20, 2005 7 MINUTES APPROVED OCTOBER 18, 2005 LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 1. AGENDA 2. MINUTES: June 21, 2005 3. PUBLIC INQUIRIES/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: Tapestry 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 Filla, 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 MINUTES JULY 5, 2005 1 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 INOUIRIES/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:Approvine Claims M/S/P Smith/DeLapp - to adopt Resolution No. 2005-068, A Resolution Approving Claim Numbers 265, 266, 267, DD453 through DD462, 27522 through 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 2 5. FINANCE 6. NEW BUSINESS: A. Xcel Fly Ash Committee: Add two alternates — Mayor Johnston Mayor Johnston suggested that the Council add two alternates to the Xcel Fly Ash Committee. Mayor Johnston, Council members Johnson and Smith indicated their interest to serve on this committee and would attend the last three Wednesday meetings. M/S/P Johnston/Conlin — to appoint Anne Smith and Liz Johnson, as committee members and Mayor Johnston as an alternate member. There will be a meeting notice of a possible quorum of the council attending next three Fly Ash meetings. (Motion passed 5-0.) 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Department: Washington County Cooperative Deer Hunt M/S/P Smith/Johnson - to authorize an anterless only deer hunt in Sunfish Park in cooperation with Washington County for two weekends during deer hunting season in the Fall of 2005, per the recommendation of the Public Works Supervisor. (Motion passed 5- 0). B. Fire Department Report and Job Description — Verbal The Administrator summarized Ordinance 97-141, adopted by the City Council, defines the positions, how those positions would report and the selection process. There is a clarification of job descriptions and duties of the chief and captains. The City will be advertising for a district chief and captains. Fire Chief Malmquist reported the four new recruits, Richard Myran, Marie Duffert, Maurice "Mo" Butler and Ty Jacobson, have met the requirements to be probationary members M/S/P Johnson/Conlin — to approve the appointment of Richard Myran, Marie Duffert, Maurice "Mo" Butler and Ty Jacobson, as probationary members on the Fire Department, per the recommendation of Fire Chief Malmquist. (Motion passed 5-0.) 8. CITY ENGINEER'S REPORT: A. Resolution No. 2005-070: Feasibility Report for Hilltop The City Engineer presented the Council the Feasibility Report for 2005 Street Repairs, Hilltop Avenue. M/S/P DeLapp/Johnson - to adopt Resolution No. 2005-070, A Resolution Receiving the Feasibility Report and calling a Hearing on August 2nd on Street Repairs for Hilltop Avenue. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 3 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 Lalce 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, Ericicson, 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 s` Street and the money would come out of the park dedication requirement. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 4 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 3151 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 4-1: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 Concert — 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 thought the City should use Bob Engstrom, who has developed The Fields, a development the City wants, or someone of his caliber. 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 loolcing for a master planner that conflict with our plan. Council member DeLapp stated he had been checking with staff at least monthly since February to get a Master Planner. Council member Smith pointed 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. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 6 Council member Smith asks why we would limit ourselves to one specific vision when we can look at others as well. 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 withdrew 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. Leeislative, Finance, Leeal. Personnel Committee Report — Sessine/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 Comrnittee 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 sumrnarized 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 thousands of 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. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 7 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 City regulations... delete these last words. (Motion passed) 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 11`h 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 in his literature he handed out suggesting you can't have a fax or fax paper is contrary to the Home Occupation 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. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 8 Mayor Johnston said the Council could delay this for 60 days in order for the Planning Commission to work on home occupation; Sieve Ziertman 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 Attorney 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 Comrission 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 information is submitted for Item No. 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 l . He added that the landowners of RAD2 are not happy with the proposal. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 9 Mayor Johnston suggested each council member could submit their input to the Planning Commission by e-mail or to the Administrator by Wednesday. 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 4`h 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 Lake Elmo City Council Novem ber 1, 2005 Agenda Section: PUBLIC INFORMATIONAL No. 3B(2). Agenda Item: Announce Ground Breaking Date for Public Works Facility The City of Lake Elmo will break ground for their new Public Works Facility and Water Tower on November 3, 2005 at 4:00 p.m. Both facilities will be constructed on the northeast corner of Highway 5 and Ideal Avenue. Person responsible: Action items: S. Lumby Announce November 3, 2005, 4:00 p.m. as the date for the new Public Works Facility Ground Breaking Attachments: Time Allocated: CITY OF LAKE ELMO 3800 LAVERNE AVE LAKE ELMO, MN 55042 Phone: (651) 777-5510 Fax: 777-9615 PRESS RELEASE Date: October 25, 2005 From: Sharon Lumby, City Clerk To: Press City Officials City Staff Subject: FOR IMMEDIATE RELEASE I 1 The City of Lake Elmo will break ground for their new Public Works Facility and Water Tower on November 3, 2005 at 4:00 p.m. Members of the Lake Elmo City Council, commissioners, and staff will be on hand for this historic event. The last time a public facility was constructed in Lake Elmo was in 1987 when city hall was built through a grass roots effort of dedicated volunteers. The new Public Works Building of approximately 17,500 square feet will resemble an agricultural building that will house all public works vehicles and park maintenance equipment. The new water tower will hold three-quarter million gallons of water and effectively loop the City's water system. Both facilities will be constructed on the northeast comer of Highway 5 and Ideal Avenue. -30- WorkPhone: 651-777-5510 Work Fax: 651-777-9615 sharon.lumbv@lakeelmo.ore LI A CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-114 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 287, 288, DD551 through DD560, 28129 through 28143, were used for Staff Payroll dated October 27th, 2005; claims 289, 28144 through 28185, in the total amount of $361,232.59 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 1st day of November, 2005. ATTEST: Martin J. Rafferty City Administrator Dean A. Johnston Mayor Accounts Payable Computer Check Proof List User. administrator Printed: 10/27/2005 - 4:05 PM Invoice No Description Amount Payment Date Acct Number Vendor.GENCON Gen -Con Construction Check Sequence: 1 10-0266 New Public Works Facility 152,876.37 11/01/2005 410-480-8000-45200 Check Total: 152,876.37 Total for Check Run: Total Number of Checks: AP - Computer Check Proof List (10/27/2005 - 4:05 PM) 152,876.37 1 Reference ACH Enabled: No Page 1 Accounts Payable Computer Check Proof List User. administrator Printed: 10/27/2005 - 3:14 PM Invoice No Description VendorMNREVEN MN Department of Revenue Sales Tax Oct05 Sales Tax October 2005 Sales Tax Oct05 Sales Tax October 2005 Check Total: Total for Check Rum Total Number of Checks: Sr' INGB I II III11111111111111111111111JS'} ]iA{ R Amount Payment Date Acct Number Check Sequence: 1 71.00 11/01/2005 101-410-1320-44300 6.00 11/01/2005 601-494-9400-44300 77.00 77.00 1 Reference ACH Enabled: No AP - Computer Check Proof List (10/27/2005 - 3:14 PM) Page 1 Accounts Payable Computer Check Proof List User: administrator Printed: 10/27/2005 - 2:52 PM Invoice No VendorAN-SOREN Pemut4060 Vendor:ARAM 629-5831513 Vendor:ARAMAU 58566161-1 Vendor:BATTYPL 32-107746 Description Anderson -Sorenson Return Rd Dep - 9620 Whistling Vly Rd Check Total: Aramark Linen - City Hall Check Total: ARAMARK Public Works - Uniforms Check Total: Batteries Plus Woodbury Batteries -Fire Dept. Check Total: VendoEEARLANDE Earl F. Andersen, Inc. 0068550-IN Signs Check Total: Vendor:EMERGAPP 23504 Vendor:FOUR 23-040959 Emergency Apparatus Maint. 3183 Park Brake, Inverter - FD Check Total: Four Seasons Service Replace Coffee Maker Check Total: AP - Computer Check Proof L (10/27/2005 - 2:52 PM) Amount Payment Date Acct Number Check Sequence: 1 1,000.00 11/01/2005 803-000-0000-22900 1,000.00 59.93 11/01/2005 59.93 149.99 11/01/2005 149.99 Check Sequence: 2 101-410-1940-44010 Check Sequence: 3 101-430-3100-44170 Check Sequence: 4 156.95 11/01/2005 101-420-2220-42400 156.95 3,67I.95 11/01/2005 3,671.95 Check Sequence: 5 101-430-3100-42260 Check Sequence: 6 805.65 11/01/2005 101-420-2220-44040 805.65 Check Sequence: 7 133.13 11/01/2005 101-410-1940-44040 133.13 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 1 Invoice No Vendor.FXL November 2005 Vendor:GENESIS IVC00811 IVC00833 VendorHERITAGE 14725 14730 Vendor:HUMANE 07/1-09/30 Vendor:LEAGUE 1-000023543 1-000023580 1-000023612 1-000023612 1-000023612 Vendor:LTLFALLS 00034328 VendorMENARDSO 40504 40504 Description FXL, Inc. Assessing Services Check Total: Next Genesis Productions Monthly Software Support UPS Units Check Total: Heritage Printing Paper - Fire Dept Fire prevention inserts Check Total: Humane Society Companion Animl Impounding/ $3195.00 - Cats Check Total: League oiMinnesota Cities FIRBasics Seminar LMC Annual Conference - LJ LMC Annual Conference - Council LMC Annual Conference - Admin LMC Annual Conference - Planning Check Total: Little Falls Machine, Inc Seal Kit for Plow Trick - Public Works Check Total: Menards - Oakdale Tarps for Public Works Equipment Concrete Mix for Sign Posts Check Total: Vendor:MENARDST Menards - Stillwater 1290 Extinguishers - Fire Prevention raffle Check Total: AP - Computer Check Proof List (10/27/2005 - 2:52 PM) Amount Payment Date Acct Number 1,700.00 11/01/2005 1,700.00 900.00 11/01/2005 1,278.00 11/01/2005 2,178.00 31.52 11/01/2005 127.30 11/01/2005 158.82 3,772.00 11/01/2005 3,772.00 25.00 300.00 900.00 300.00 300.00 1,825.00 11/01/2005 11/01/2005 11/01/2005 11/01/2005 11/01/2005 72.80 11/01/2005 72.80 84.65 11/01/2005 14.57 11/01/2005 99.22 Check Sequence: 8 101-410-1550-43100 Check Sequence: 9 101-410-1520-43180 101-410-1520-43185 Check Sequence: 10 101-420-2220-42000 101-420-2220-42090 Check Sequence: 11 101-420-2700-43160 Check Sequence: 12 101-410-1520-44370 101-410-1110-44370 101-410-1110-44370 101-410-1320-44370 101-410-1910-44370 Check Sequence: 13 101-430-3100-42210 Check Sequence: 14 101-430-3100-42210 101-430-3100-42260 Check Sequence: 15 28.32 11/01/2005 101-420-2220-42090 28.32 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 Page 2 Invoice No Vendor:METROCA A03180767 Description Metrocall Pagers - Fire Dept Check Total: Vendor:MONOGRAM Monogramming Plus 13519 Lettering - Public Works Uniforms Check Total: Vendor:NEXTEL 761950227-031 761950227-031 761950227-031 761950227-031 761950227-031 Vendor:NORTHTOO 0562036018 Vendor..OFFICEMX 217012 217012 217012 Vendor:PETERSO 11135M 11140M 11145M 11150M 11155M 11161M Vendor:PETTYCI Petty Cash Petty Cash Petty Cash Petty Cash Nextel Communications Cellular Service - Admin Cellular Service - Fire Dept Cellular Service - Bldg Dept Cellular Service - Public Works Cellular Service - Parks Check Total: HSBC Business Solutions Grab -It - Public Works Check Total: OfficeMax Scissors - Fire Dept Pens Paper, Binders, Markers Check Total: Peterson Fram & Bergman Admin Criminal Pros Public Works Bldg Community Dev Civil Litigation Auto Forfeiture Check Total: Petty Cash Envelopes for CDBG Cable - Public Works Advance for Upcoming Elections Replacement Stamp Pad - Admin Amount Payment Date Acet Number Check Sequence: 16 80.94 11/01/2005 101-420-2220-43210 80.94 95.00 11/01/2005 95.00 76.79 1 I/01/2005 75.42 11/01/2005 33.10 11/01/2005 50.26 11/01/2005 16.89 11/01/2005 252.46 18.09 11/01/2005 18.09 10.42 11/01/2005 7.52 11/01/2005 92.85 11/01/2005 110.79 1,178.61 3,745.10 121.00 929.61 723.46 1,508.50 8,206.28 11/01/2005 11/01/2005 11/01/2005 11/01/2005 11/01/2005 11/01/2005 10.55 11/01/2005 36.99 11/01/2005 150.00 11/01/2005 11.70 11/01/2005 Check Sequence: 17 101-430-3100-44170 Check Sequence: 18 101-410-1940-43210 101-420-2220-43210 101-420-2400-43210 101-430-3100-43210 101-450-5200-3210 Check Sequence: 19 101-430-3100-42400 Check Sequence: 20 101-420-2220-42000 101-410-1520-42000 101-410-1320-42000 Check Sequence: 21 101-410-1610-43040 101-410-1610-43045 410-480-8000-43040 803-490-9070-43040 101-410-1610-43040 101-410-1610-43045 Check Sequence: 22 101-410-1910-3013 101430-3100-42210 101410-1410-44300 101-410-1320-42000 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (10/27/2005 - 2:52 PM) Page 3 Invoice No Description Check Total: Amount Payment Date Acct Number 209.24 Vendor.PRESS StevenPress Check Sequence: 23 10/18/05 Cablecast - City Council 54.00 11/01/2005 101-410-1320-43620 10/24/05 Cablecast - Planning Comm. 54.00 11/01/2005 101-410-1910-43620 Check Total: 108.00 Vendor:Reserve Pitney BowesReserve Account Check Sequence: 24 Acc. 20313037 Metered Postage 500.00 11/01/2005 101-410-1320-43220 Check Total: 500.00 Vendor:ROBENGST Robert Engstrom Companies OV Project OV Project - Partial Pmt Check Total: Check Sequence: 25 25,000.00 11/01/2005 803-490-9070-44300 25,000.00 Vendor:ROGERS Rogers Printing Services Check Sequence: 26 13036 Newsletter 664.56 11/01/2005 101-410-1320-43090 13037 Envelopes 152.30 11/01/2005 101-410-1320-42000 Check Total: 816.86 Vendor:RUD DianePrince-Rud Check Sequence: 27 10/17-10/26 Cleaning - City Hall 240.00 11/01/2005 101-410-1940-44010 10/17-10/26 Cleaning- Fire Hall 240.00 11/01/2005 101-420-2220-44010 Check Total: 480.00 Vendor:SATELLIT Satellite Shelters, Inc. Check Sequence: 28 24180627 Rental- Bldg Dept. Trailer 319.50 11/01/2005 101-420-2400-44120 Check Total: 319.50 Vendor. SPRINT Sprint 0526076028-3 Data Card - Fire Dept. Check Total: 51.18 11/01/2005 51.18 Check Sequence: 29 101-420-2220-43210 Vendor: STJOSEPH St Joseph Equipment, Inc. Check Sequence: 30 SR14088 Backhoe Rental 213.00 11/01/2005 101-430-3100-43150 Check Total: 213.00 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (10/27/2005 - 2:52 PM) Page 4 Invoice No Vendor:Streiche 1298693 Vendor:TKDA 200503869 200503872 200503873 200503874 200503874 200503874 200503874 200503875 200503894 200503897 200503993 Vendor:TRISTATE P51342 P51342 Vendor:TWINSOUR 00031860 Vendor.USBANK 33404800 33404800 Vendor. WAS-REC 46695 Description STREICHER'S Re-badging Sachs Sr., new members Check Total: TKDA, Inc. SW Mgmt & MS4 Water Sys Interconnection Water Tank Tapestry, Farms, Xing, DG, Pk Meadows Grading Rev.,Staff Mtgs, OV, Sessing Comp Plan Water System Council Meetings New Public Works Design Hilltop Ave Repairs Leak Location EPB Check Total: Tri State Bobcat, Inc. Hydrolic Fluid - Public Works Fuel Cap Check Total: TwinSource Tissue, gloves - Public Works Check Total: US Bank Trust N.A. Water Bond 2002B - Interest Water Bond 2002B - Principal Check Total: Washington County Recorder Quick Access Parcel Updates Check Total: Vendor:WAS-TRAN Washington County 46935 Striping Roads Amount Payment Date Acct Number Check Sequence: 31 284.83 11/01/2005 101-420-2220-44170 284.83 113.44 11/01/2005 11,593.16 11/01/2005 17,683.80 11/01/2005 15,033.51 11/01/2005 1,571.16 11/01/2005 280.83 11/01/2005 497.64 11/01/2005 200.00 11/01/2005 14,149.38 11/01/2005 1,659.73 11/01/2005 221.83 11/01/2005 63,004.48 24.85 11/01/2005 9.12 11/01/2005 33.97 92.66 11/01/2005 92.66 14,383.75 11/01/2005 25,000.00 11/01/2005 39,383.75 Check Sequence: 32 603-496-9500-43030 601-494-9400-43030 601-494-9400-43030 803-490-9070-43030 101-410-1930-43030 101-410-1910-43020 601-494-9400-43030 101-410-1930-43030 410-480-8000-43030 409-480-8000-43030 601-494-9400-43030 Check Sequence: 33 101-430-3100-42120 101-430-3100-42210 Check Sequence: 34 101430-3100-42150 Check Sequence: 35 601-494-9400-46110 601-000-0000-23110 Check Sequence: 36 1,200.00 11/01/2005 101-410-1910-43030 1,200.00 130.00 11/01/2005 Check Sequence: 37 101-430-3100-43150 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (10/27/2005 - 2:52 PM) Page 5 Invoice No Description Check Total: Amount Payment Date Acct Number 130.00 Vendor.WORKWELL Workwell Occupational Health Check Sequence: 38 057919 Physical-Yarusso 135.00 11/01/2005 101-420-2220-43050 Check Total: 135.00 Vendor:YOCUM Yocum Oil Company, Inc. 125321 Motor Oil - Public Works Check Total: Vendor:ZACK Zack's, Inc. 21115 Towels, brushes, gloves, paint - PW Check Total: Vendor.ZIERTMAN Joan Ziertman 8865 Reimb. - Buckthorn Project Refreshments Check Total: 362.79 11/01/2005 362.79 265.26 11/01/2005 265.26 50.00 11/01/2005 50.00 Total for Check Run: 157,215.84 Total Number of Checks: 41 Check Sequence: 39 101-430-3100-42120 Check Sequence: 40 101-430-3100-42150 Check Sequence: 41 101-410-1110-44300 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (10/27/2005 - 2:52 PM) Page 6 OCT-28-2005 13:29 TKDA 651 292 0083 P.04 TKDA 1 1� ENGINEERS • ARGtlTECPS ^ PLANNERS 1500 Rpm affray PIeta 444 Cedar Street Saint Paul, MN 55101.2140 October 28, 2005 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: Partial Payment No. 2 Water System Interconnect - Phase 11 City of Lake Elmo, Minnesota TKDA Project No. 13186.000 Dear Mayor and City Council: Work is nearly complete on this project. A few punch list items remain. City Council Action Requested Approve Partial Payment No. 2 in the amount of $24,900.36. Sincerel Thomas D. Prew, P.E. City Engineer TDP:art Enclosures An Employee Owned Company Promoting Affirmative Aation and Equal Opportunity (651) 292-4400 (651) 292-0083 Fax www.tkda.com TOTAL P.04 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-115 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 2 TO G.M. CONTRACTING FOR WATER SYSTEM INTERCONNECT — PHASE II BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 2 to G.M. Contracting in the amount of $24,900.36 for work improvements to the Water System Interconnect Project — Phase II, verified by the City Engineer in his memo dated October 28, 2005. ADOPTED by the Lake Elmo City Council the 1st day of November, 2005. Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator OCT-28-2005 13:2? TKDA G51 292 0083 P.01 TKDA 1600 Piper Jaffrey Plaza 444 ce8er Street Saint Paul, MN 65101-2140 ENGINEERS • ARCHITECI'#S • PLANNERS (651) 292-4400 (651) 202.0083 Fax www,tkda.com Proj. No. 13186.000.003 Cert. No. 2 St. Paul, MN, October 28 , 20 05 To City of Lake Elmo. Minnesota . Owner This Certifies that G.M. Contracting. Inc Contractor For Water System Interconnect - Phase II Is entitled to Twenty Four Thousand Nine Hundred Dollars and 63/100 24.900.63) being 2nd estimate for partial payment on contract with you dated June 7 2005 Received payment in full of above Certificate. Contract price plus cadres AIl previous payments All previous credits Extra No. Credit No. so 11 TRIDA. G.M. Contracting, Inc. ~�r t 20 Thomas D. Prevv; P.E. RECAPITULATION OF ACCOUNT AMOUNT OF THIS CERTIFICATE Totals Credit Balance There will terrain unpaid on contract alter payment of this Certificate CONTRACT PLUS EXTRAS PAYMENTS $ 359,049.86 $ 325,617.58 $ 24,900.63 $ 359,049.86 $ 350518.21 $ $ 8,531.65 $ 359,049.86 I. $ 359,049.86 II $ An Employee Owned Company Moment; Affrrmatica Action and Equal Opportunity CREDITS 0CT-28-2005 13.28 TKDR 651 292 0083 P.02 TKDA Engineers -Architects -Planners PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No. 2 Period Ending October 28 .20 05 Page 1 of 1 Proj. No. 13186.000.003 Contractor G.M. Contractine. Inc. Original Contract Amount $359.049.86 Project Water System Interconnect - Plume 11 Location City of I ake Elmo. Minnesota Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed Approved Extra Orders Amount Completed Total Amount Earned This Estimate g $ 368,966.54 $ 0.00 0.00 $ 0.00 $ 368,966.54 Less Approved Credits $ 0.00 Less 5 % Retained $ 18,448.33 Less Previous Payments $ 325,617.58 Total Deductions $ 344,065.91 Amount Due This Estimate Contractor Engineer Thomas D. Plow, P.E. $ 24,900.63 Date Date October 28.2005 OCT-29-2005 13:20 TKDR 651 292 0083 P.03 ESTIMATE NO. 2 PERIOD ENDING: October 28, 2005 WATER SYSTEM INTERCONNECT- PHASE II CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 13186.000.003 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE SANITARY SEWER 1 MOBILIZATION LS 1.0 1.0 $ 5,500.00 $ 5,500.00 2 TRAFFIC CONTROL LS 1.0 1.0 $ 3,852,68 $ ' 3,652.68 3 REMOVE & DISPOSE OF BIT, PAVEMENT SY 700.0 847.0 S 3.75 3 3,176.25 4 SAW CUT BIT. PAVEMENT LF 880.0 731.0 3 1.25 $ 913.75 5 PATCH BIT. PAVEMENT 4" THICK INCL. GRAVEL BASE SY 700,0 847.0 $ 13.91 $ 11,781.77 6 REMOVE AND REPLACE D412 CURB AND GUTTER LF 200.0 30.0 3 11.64 $ 349.20 7 SEEDING, INCL. SEED, FERTILIZER & WOOD FIBER BLANKET 5Y 1,000.0 1,722.0 $ 2.11 $ 3,633.42 8 SODDING TYPE LAWN SY 1,000.0 1,370.0 $ 4.64 $ 5,356,80 9 CONNECT TO EXIST. WATERMAIN EA 2.0 2.0 $ 3,116.04 $ 6,232.08 10 6" DIP CL-52 WATERMAIN LF 60.0 68.0 $ 74,26 5 5,051.04 11 DIRECT DRILL 16" (DIP) HOPE SDR 17 LF 4,536.0 4,536.0 $ 51.42 $ 233,241.12 12 6' RES. SEAT GATE VALVE & BOX EA 7.0 7.0 $ 1,295.63 $ 9,069.41 13 16" BUTTERFLY VALVE & BOX EA 3.0 3,0 $ 2,736.85 $ 8,210.55 14 6" HYDRANT EXTENSION EA 3.0 $ 411.97 $ • 15 12" HYDRANT EXTENSION EA 3.0 - $ 451.82 $ " 16 6" HYDRANT (9'-6" BURY) EA 6.0 6.0 $ 4,663.25 $ 27,979.50 17 MJ DIP COMPACT FITTINGS LB 2,000.0 2,384.0 $ 3.65 $ 8,701.60 18 1" TYPE "K" COPPER WATER SERVICE LF 570.0 848.0 $ 16.82 $ 14,229.72 19 FUSABLE SADDLE W11"CORPORATION STOP EA 17.0 19.0 $ 729.10 $ 13,852.90 20 1" CURB STOP BOX EA 17.0 19.0 $ 370.25 $ 7,034.75 TOTAL ESTIMATE NO, 2 $ 368,966.54 Lake Elmo City Council Novem ber 1, 2005 Agenda Section: CONSENT AGENA Agenda Item: Escrow Reduction — Cardinal View No. 4C. In his memo dated October 20, 2005, the City Engineer reports improvements on Cardinal View are generally complete except for the final lift of blacktop. The Final inspection of the storm sewer has not been scheduled. The City Engineer has certified by his October 20, 2005 memo that the required development security can be reduced from $57,968.75 to $23,250.00. Action items: Motion Second to approve the reduction of the Development Security requirement for Cardinal View from $57,968,75 to $23,250.00 based on the recommendation of the City Engineer in his memo dated October 20, 2005. Attachments: Person responsible: T. Prew Time Allocated: 'TKDA 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101-2140 ENGINEERS• ARCHITECTS• PLANNERS MEMORANDUM To: Chuck Dillerud Copies To: Todd Erickson From: Thomas D. Prew, P.E. Date: October 20, 2005 (651)292-4400 (651) 292-0063 Fax www.tkda.com Reference: Escrow Reduction Cardinal View City of Lake Elmo, Minnesota Project No. 13267.000 Routing: Improvements on Cardinal view are generally complete except for the final lift of blacktop. The site has been seeded, although it has only started to grow. Final inspection of the storm sewer has not been scheduled. I would recommend that escrow be reduced to the amounts listed below: 'Site Grading/ Turf Establishment Storm Sewer `Streets !Street Signs 1 'Subtotal j 125% Security 3,300.00 15,000.00 300.00 18,600.00 23,250.00 An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Lake Elmo City Council November 1, 2005 Agenda Section: New Business No. 6A Agenda Item: Request for Extended Construction Working Hours — Joe Hoffman Background Information for November 1, 2005: The (future) resident whose new home is under construction at the NE corner of 50'h Street North and CSAH 13 has requested a "special permit" from the City Council for extended working hours for his contractors pursuant to City Code, Section 1370.03B. It appears from his attached Email request that he is requesting only the weekend extension — limited by Code to the hours of 1:00 PM on Saturdays, Sundays and Holidays through December 18. Staff has determined that one of more residences are located within 600 feet of the construction site. Therefore no "...construction equipment, internal combustion engine or power unit.. " would be allowed to be in operation during the extended working hours. The applicant has addressed the basis he offers for the application by the Email. The Code specifies that such extensions may only be approved by the Council - given the proximity of existing residences — for the time period of 1:00 PM to 5:00 PM on those weekends and holidays. Action items: City Council Motion to either approve or deny a special permit to Joe Hoffman to extend working hours for the construction of a home at 7805 Demontreville Trail. If the Motion is for approval it must be to permit allowable work during the hours of 1:00 PM to 5:00 PM on Saturdays, Sundays and holidays through December 18, 2005. Attachments: 1. Hoffman Email of October 19, 2005 2. Section 1370.03B. Person resennsible: City Ina Time Allocated: Carohe Froen nan From: Sharon Lumby Sent: Thursday, October 27, 2005 4:14 PM To: Carole Freeman Subject: FW: City Counsel Meeting Agenda Original Message From: Martin Rafferty Sent: Thursday, October 20, 2005 9:11 AM To: 'xlnlife@comcast.net' Cc: Chuck Dillerud; Sharon Lumby Subject: RE: City Counsel Meeting Agenda Thanks Joe, I passed this on to the City Clerk for the November 1st Council meeting. I have also spoken with the City Planner about th request . He will be calling you this morning. Original Message e two driveway Marty Rafferty 233-5401 Chuck Dillerud's number (City Planner/ Assistant City Administrator) is 233-5402 From: xlnlife@comcast.net [mailto:xlnlife@comcast.net] Sent: Wednesday, October 19, 2005 10:27 PM To: Martin Rafferty Subject: City Counsel Meeting Agenda Hi Marty, I briefly spoke to you yesterday (10/19), about obtaining a variance to the city ordinance 1370.03. The variance is in regards to extending the hours allowed to operate construction equipment on the weekend. If you could please place this matter on the Lake Elmo City Counsel agenda, for the 11/01/05 meeting, I would greatly appreciate it. The weekends requested are 11/5-11/6, 11/12-11/13, 11/19-11/20, 11/26-11/27, 12/3-12/4, 12/10-12/11, and 12/17-12/18 or until the house at 7805 Demontreville Trail is either completely framed in and closed off or completed. The main reason for the variance is due to possible inclement weather that could delay completion and the availability of time and amount of time needed, by myself and the crews I employ, to complete the construction of my future residence. Please notify me as to whether this notice is acceptable and if we will be allowed to address the City Counsel, on the date in question, at your earliest convenience. Thank you for your time and have a great day, Joe Hoffman xlnlife@comcast.net (home) 651-771-1842 (cell) 651-278-1597 1 Lake Elmo Municipal Code Chapter 13 - Municipal Regulations Section 1370 -Noise Control No internal combustion engine or any other power unit when operated in connection with construction or demolition equipment shall be operated at any time other than at the times as set forth in this section and any sound emitted from any such engine or power unit shall not exceed eight -three (83) decibels measured along the property line. If an emergency situation exists or if substantial economic loss would result to any person unless allowed additional hours of equipment operation, a special permit may be granted for extended hours of operation of the construction equipment and internal combustion engine or power unit as follows: A. In the event of an emergency situation a permit may be granted for the operation during any hour of any day for a period not to exceed three (3) days or less while the emergency continues. This permit may be renewed for periods of three (3) days or less while the emergency continues. B. In the event of a determination of substantial economic loss to a person, a special permit may be granted for the operation throughout the hours of 7:00 A.M. to 9:30 P.M. on weekdays and throughout the hours of 1:00 P.M. to 5:00 P.M. on Saturdays, Sundays, and state and federal holidays upon the condition that while any construction equipment, internal combustion engine, or power unit is in operation, its location shall not be less than six hundred (600) feet in any direction from any dwellings, except that if while any such construction equipment, internal combustion, or power unit is in operation, its location shall be no less than one thousand two hundred (1,200) feet in any direction from any dwelling, a permit may be granted for operation during any hour of any day. 1370.04 Outdoor Implements. Except as stated, any power lawn mower, snowblower, power hedge clipper, power saw, or other such implement, designed primarily for outdoor use, shall be operated only between the hours of 7:30 A.M. to 9:00 P.M. on weekdays, or between the hours of 9:00 A.M. to 9:30 P.M. on Saturdays, Sundays, and state and federal holidays; However, if the equipment conforms to the maximum allowable sound levels as stated, it may be operated during the above prohibited hours. 1370-2 2/18/97 r I I Location Map I- I TY2N 13IN law 'I 9N TURN It2IW It_ OW R19W 2N IN 9 iva.�uioS nON IN R22W R1IW R Vicinity Map 600 Scale In Feet This drawing lO 0e ree W of a compilation andmien/ npmva 1Onvarious WaelmgmnemunI dxme. m.drawW ¢Iola be wad for reference nnoapurpose. YW tor I nN lei Some: W asNp:plon county BUffiNore anu Pnawfa1)abaws P0:wl data bawl m 0.M00 Nb:maoon Location Map IW R2OW R19W IN DON T29N T2BN R22W R21W R20W Vicinity Map 0 256 Scale in Feet TleMMnp le Me result el a wmptllon end repaaunlen Mane rewa aemay eIM drinlro should ee used brr referents... none only. Weexmplon county le not agmlub nor y lnaceundn Source: WaWnpton County Burveye a ORi M Phone 0351) 4304675 PERM dale WNW on ASWO I(tlormnlon Mayor Dean Johnston No.GIS. Councilmembers Steve DeLapp Agenda Item: Community Improvement Commission Appointments Liz Johnson Anne Smith Date: November 1, 2005 Rita Conlin Background Information for November 1, 2005, The Lake Elmo Ad Hoc Community Improvement Commission (CIC) was established to consist of seven members that meet quarterly or as often as required, and members serve two-year terms at the pleasure of the City Council. City Staff recently learned that Stacy Howieson resigned her commission last August. With Commissioner Howieson's resignation, one commissioner temporarily assigned to second shift, and another commissioner's absence since May, the CIC has had difficulty forming -a -quorum -and cancelled two meetings. The CIC currently has one vacancy and an attendance issue for another commissioner who has not responded to attempts to contact and is on leave of absence from work. The CIC attendance record for 2005 is attached. There are currently no applications on file. Staff continues to advertise for applicants. The City Council should formally accept the resignation of Stacy Howieson. Motion , Second , to accept the resignation of Stacy Howieson as a member of the Community Improvement Commission, and to thank her for her service to the City. Staff requests Council direction with regard to Commissioner Jill Anderson's continued absence. Motion Second Two commissioner terms are expiring November 3, 2005. Their letters requesting reappointment are attached. Motion , Second term on the Community Improvement Commission. Motion . Second term on the Community Improvement Commission. Attached: Letter of resignation Letters (2) requesting reappointment . to reappoint Joan Ziertman to a two-year , to reappoint Gary Rieder to a two-year Page 1 of 1 Sharon Lumby From: JOAN ZIERTMAN [ziertman@msn.com] Sent: Thursday, October 20, 2005 10:46 AM To: Martin Rafferty Cc: Sharon Lumby Subject: Fw: August 10 CIC meeting Marty, This is the email that I received from Stacy with her resignation. I thought I forwarded to Sharon. I also asked Stacy to contact Sharon direct to resign. What do you think we should do about Jill? I have called her and emailed her a number of times and I never get a response back. Should we take a vote at our next meeting to remove her from the roster for lack of attendance? Original Message From: Stacy Howieson To: JOAN ZIERTMAN Sent: Wednesday, August 10, 2005 11:03 AM Subject: RE: August 10 CIC meeting Joan, I regret to inform you that I will be resigning from the CIC. I don't know if I need to inform someone else or not? Please let me know. I have enjoyed my time on the commission Thanks Stacy Howieson Hometown America Cimarron Park and Golf ph. 651-436-6188 fax 651-436-1127 From: JOAN ZIERTMAN [mailto:zlertman@msn.com] Sent: Sat 8/6/2005 1:42 PM To: Brenda Anderson; Gary Rieder; Gloria Knoblach; Jill Anderson; Stacy Howieson Subject: August 10 CIC meeting Hi Everyone, I would like to get a count of how many people are planning to attend our meeting next Wednesday. Nicole is unable to attend as she will be out of town. Let me know when you have a chance. Joan 10/20/2005 Stacy Howieson 901 Lake Elmo Ave. N. Lake Elmo, MN 55042 City of Lake Elmo City Council Members October 26, 2005 To Whom It May Concern: I will be resigning from the Community Improvement Commission effective immediately. I have enjoyed my time and experiences while serving on the commission. Thank you, Stacy Howieson October 20, 2005 City of Lake Elmo 3800 Laverne Ave Lake Elmo, MN 55042 Dear Mayor and City Council: I would like to express my interest for reappointment to the Community Improvement Commission. I have enjoyed the time that I have spent on the Community Improvement Commission during my last term. We have worked on some very wonderful and worthwhile projects and are making great progress on them. Coming up this weekend we have the buckthorn project and continue to work to compile the data for the Senior Survey project. We are making good progress on the gas line project. I would like the opportunity to serve another term to see the outstanding projects to completion. Thank you for your time and consideration. Sincerely, Joan Ziertman Kimberly Schaffel From: Gary Rieder [riedergary@comcast.net] Sent: Tuesday, October 25, 2005 7:03 PM To: Kimberly Schaff el Subject: CIC To: Lake Elmo City Council From: Gary Rieder Subject: CIC I would like to be reappointed to the Lake Elmo Community Improvement Commission, for another two year term.Thank you for your consideration. Sincerely, Gary Rieder 411 Joan Ziertman Anne Smith Gloria Knoblauch Brenda Anderson Nicole Park Bob Van Zandt Stacy Howieson Jill Anderson Gary Rieder Debbie Lyzenga Ling 7,44*;tl Q = Quorum Problem - Meeting Cancelled 9-Mar 13-Apr 1 11 1 1 )� 1I 11 1 3 5 4 11-May lAt will of Council, two year terms Membership = 7 Members who live or work in Lake Elmo Activities coordinated by Administrator or a Council member until staffing permits. Quarterly meetings or as often as required Lake Elmo Ad Hoc Community Improvement Commission Stacy resigned 8/10/05 8-Jun JUL AUG 5 4 5 Q Q OCT NOV 2005 Lake Elmo City Council November 1, 2005 Agenda Section: NEW BUSINESS No. 6C. Agenda Item: Administrator Performance/Salary Adjustment The Council has completed the City Administrator's performance review with the assistance of Jim Brimeyer. The Council is formally accepting the 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 administrator's performance review meets or exceeds the expectations of the City Council. Attachments: Time Allocated: eA• FEASIBILITY REPORT TABLYN PARK - LAKE ELMO HEIGHTS WATERMAIN EXTENSION 4 \ CITY OF LAKE ELMO CITY OF LAKE ELMO, MINNESOTA TKDA YOi ryIJ„a JJ„W UM1 .umi ALIVIL'IF uu 1 1111 11'U11111I11 ENGINEERS • ARCHITECTS • PLANNERS Date: October 26, 2005 Comm. No. 13524.000 1500 Piper Jaff ray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda,com TKDA ENGINEERS•ARCHITECTS•PLANNERS FEASIBILITY REPORT SAINT PAUL, MINNESOTA TABLYN PARK - LAKE ELMO HEIGHTS WATERMAIN EXTENSION CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 13524.000 OCTOBER 26, 2005 I hereby certify that this Feasibility Report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Thbfnas D. Prew, ' .E. License No. 19621 13524.000 TABLYN PARK - LAKE ELMO HEIGHTS WATERMAIN EXTENSION CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 13524.000 TABLE OF CONTENTS PAGE NO. SECTION I. INTRODUCTION AND INITIATION OF REPORT 1 SECTION II. PROPOSED IMPROVEMENTS 2 SECTION III. RIGHTS -OF -WAY AND EASEMENTS 3 SECTION IV. PERMITS 3 SECTION V. ESTIMATED PROJECT COSTS 3 SECTION VI. FINANCING OF IMPROVEMENTS 4 SECTION VII. PROJECT ASSESSMENTS 4 SECTION VIII.PROPOSED PROJECT SCHEDULE 4 APPENDIX PAGES ESTIMATE OF PROBABLE COST 1 PROPOSED IMPROVEMENT EXHIBIT 1 LIST OF CURRENT PROPERTY OWNERS 5 ii 13524.000 TABLYN PARK — LAKE ELMO HEIGHTS WATERMAIN EXTENSION CITY OF LAKE ELMO, MINNESOTA I. INTRODUCTION AND INITIATION OF REPORT In recent months the City of Lake Elmo became aware that the Minnesota Pollution Control Agency (MPCA) and the Minnesota Department of Heath (DOH) were performing groundwater sampling to determine the extent and magnitude of PFOA/PFOS chemicals in the west -central area of Lake Elmo and in the eastern part of the City of Oakdale. The testing has continued and PFOA/PFOS chemicals have been detected in some residential wells within the Tablyn Park and Lake Elmo Heights subdivisions, and along 31st Street, Jamley Avenue, Janero Avenue, and Stillwater Boulevard. Not all of the residential wells in these areas have PFOA/PFOS chemicals present at this time. Some wells have PFOA/PFOS levels that exceed the standards for such chemicals in drinking water that have been established by the Minnesota Department of Health. 3M Corporation has agreed to provide the City of Lake Elmo with a Community Improvement Grant to extend the City's water system in order to provide Municipal water for all properties in these neighborhoods. This grant covers the installation of watermain, water services into each home, meter and permit fees, and sealing of the wells. Sealing of the wells is an important part of this Project. Sealing of the wells will prevent: A. Increased contamination to other aquifers from migration through the well holes, and the possibility that continued pumping from those wells may impact the identified plume of PFOA/PFOS. B. Spreading of PFOA/PFOS to the topsoil from lawn watering. C. Inadvertent or illegal cross connections between the Municipal water supply and the private wells. D. Future cost to residents to repair or abandon their well. E. Continued water testing costs. 1 13524.000 There is concern for residents currently on private wells about the cost of City water. The average cost in Lake Elmo for residential water is approximately $20 per month. This cost will be offset by reduced homeowner's insurance costs due to fire hydrants being available, the elimination of repair/replacement costs to their well and pump, the costs of well testing in the future and an increase in their property value that will result from converting the homes to a public water supply. II. PROPOSED IMPROVEMENTS As shown in Figure 1, watermain would be extended into this area from the north side of TH 5 at Jamaca Avenue and at Ideal Avenue. Sixteen -inch (16") to eight -inch (8") watermains would be extended to provide water service and fire protection. The watermains would be installed by both open cut methods and directional drilling. A portion of this work is already being constructed as part of the watermain extension to the Farms of Lake Elmo. The watermain on 31st Street should be installed during the fall of 2005. Service work would be completed in the summer of 2006 with the remainder of the Project. A temporary booster pumping station would be built to service the southern portion of Lake Elmo Heights 3rd Addition, as it is in a higher pressure zone than the rest of the Project area. In the future, a permanent booster pump station is planned. One -inch (1") water services would be installed for each existing home. The services would typically be directionally drilled from the road into the basement of the house to avoid disruption of yards, trees and improvements. After the service has been extended into the basement, a plumber will install the water meter and make the final connections to the homes' water system. At that time the pressure tank will be removed. A well contractor will perform the well sealing. The well head will be cut off below grade and lawn will be placed over it. There are a few houses that are set back very far from the road that will require extra long and 'oversized services. Some may require new easements to be acquired. 2 13524.000 III. RIGHTS -OF -WAY AND EASEMENTS Janero Avenue is not a public street, but rather a private driveway. The eastern 1/2 of the driveway will soon be platted right-of-way within the new Farms of Lake Elmo subdivision. An easement over the northern portion of the private driveway will be needed in order for the City to construct this Project. There may be other lots that require easements to serve them as well. All other work should be done in existing City of Lake Elmo rights -of -way, or by permit In County and State rights -of -way. A Right of Entry Agreement is required from each property owner prior to water service and well abandonment. IV. PERMITS A Utility Permit from the Minnesota Department of Transportation (Mn/DOT) for work in the TH 5 right-of-way. A Utility Permit from Washington County for work in the CSAH 6 and CSAH 13 rights -of - way. A Utility Permit from The Union Pacific Railway Company for crossing of the railroad tracks. A permit from the Minnesota Department of Health for a watermain extension. A permit from the Valley Branch Watershed District for erosion control. V. ESTIMATED PROJECT COSTS A breakdown of the estimated Project costs is located in the Appendix. Estimated Construction Cost $3,300,000 Estimated Engineering Cost $ 450,000 Estimated Project Costs $3,750,000 3 13524.000 These prices are estimates only. The final costs will be determined through final design and the competitive bidding process. VI. FINANCING OF IMPROVEMENTS The improvements are planned to be financed entirely by the 3M Corporation's Community Improvement Grant to the City of Lake Elmo. VII. PROJECT ASSESSMENTS No water service assessments are proposed for this Project. VIII. PROPOSED PROJECT SCHEDULE City Council Approves Project, and November 1, 2005 Authorizes Plan Preparation Plans and Specifications Complete February, 2006 Bids Received March, 2006 Construction Begins April, 2006 Construction Complete Fall 2006 • 4 13524.000 APPENDIX ENGINEER'S COST ESTIMATE TABLYN PARK - LAKE ELMO HEIGHTS WATERMAIN EXTENSION CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 13524.000 ITEM NO. ITEM 1 MOBILIZATION 2 CONNECT TO EXISITNG WATERMAIN 3 16" HOPE WATERMAIN (BY DIRECTIONAL DRILLING) 4 12" HOPE WATERMAIN (BY DIRECTIONAL DRILLING) 5 8" HOPE WATERMAIN (BY DIRECTIONAL DRILLING) 6 6" DIP (CL 52) WATERMAIN 7 BOOSTER PUMPING STATION 8 FIRE HYDRANTS 9 . 6" GATE VALVES 10 8" GATE VALVES 11 12" BUTTERFLY VALVES 12 16" BUTTERFLY VALVES 13 DIP FITTINGS 14 30" STEEL CASING - CARRIER CROSSING PIPE 15 1" CORPORATION STOP 16 1" CURB STOP 17 1" TYPE K COPPER SERVICE PIPE 18 PLUMBING WORK/ INSTALL METER 19 ABANDON WELL 20 RESTORE BITUMINOUS DRIVEWAYS AND STREETS 21 RESTORATION -TURF ESTABLISHMENT (SODDING) 22 EROSION CONTROL DEVICES 23 TRAFFIC CONTROL UNIT QUANTITY UNIT PRICE TOTAL AMOUNT LS 1 $ 18,000.00 $ 18,000.00 EA 2 $ 1,500.00 $ 3,000.00 LF 5,200 $ 55.00 $ 286,000.00 LF 5,400 $ 43.00 I $ 232,200.00 LF 18,000 $ 33.00 $ 594,000.00 LF 510 $ 40.00 $ 20,400.00 EA 1 $ 40,000.00 $ 40,000.00 EA 34 $ 2,500.00 $ 85,000.00 EA 34 $ 800.00 $ 27,200.00 EA 24 I $ 1,000.00 $ 24,000.00 EA 5 1 $ 2,500.00 $ 12,500.00 EA 6 I $ 3,500.00 $ 21,000.00 LBS 10,000 $ 3.50 $ 35,000.00 LF 60 $ 300.00 $ 18,000.00 LF 214 $ 350.00 $ 74,900.00 LF 214 $ 350.00 $ 74,900.00 LF 10,700 $ 22.00 $ 235,400.00 EA 214 $ 5,000.00 $ 1,070,000.00 EA 214 $ 1,500,00 $ 321,000.00 SY 400 $ 30,00 $ 12,000.00 SY 25,000.0 $ 3,50 $ 87,500.00 LS 1 $ 3,000.00 $ 3,000.00 LS 1 $ 5,000.00 $ 5,000.00 TOTAL $ 3,300,000.00 13186.001 TABLYN PARK/ LAKE ELMO HEIGHTS WATERMAIN EXTENSION PROJECT REVISED OCTOBER 17, 2005 0 500 Feet 4 CITY OF LAKE ELMO y Legend c"\_,• City Limits Water Tower 00000 Future Watermain Ex. Watermain Size 4" 6" 8" „4, 12" 16" Proposed Watermain OC'o d• 8II O #,•.�,• 12" ,e 16" For Further Information 1,000 Contact City of Lake Elmo at (651) 777-5510 Map Date: Limitation of Liability This document is not a legally recorded map or survey and is not intended to be used as one. This map is a compilation of records and information from various state, county, and city offices, and other sources. Create by:TKDA ENGMEEflS ARCHITECTS PLANNERS TKDA Project No. 13524.000 Property Owner Llst Tablyn Park - Lake Elmo Heights Watermain Extension Project City of Lake Elmo, Minnesota GEOCODE ADDRESS PROPERTY OWNER >.102921230005 8119 26TH ST LAKE ELMO 55042 PAO & TIA L YANG 2102921230013 8154 26TH ST LAKE ELMO 55042 DONALD J & ANNE M ROTH 1102921230004 8165 26TH ST LAKE ELMO 55042 JOHN H & DAWN A BRADY 2,102921230003 8215 26TH ST LAKE ELMO 55042 ROBERT A & MARVEL J OLSON 1102921230014 8226 26TH ST LAKE ELMO 55042 PHILIP A & MARCIA L LINIEWICZ 1102921240010 8281 26TH ST LAKE ELMO 55042 KRAIG C & CHRISTINE M RULE 2102921240013 8284 26TH ST LAKE ELMO 55042 RICHARD E & MONICA D ROSS 2102921240012 8364 26TH ST LAKE ELMO 55042 GARRETT L & PATRICIA M GLEASON 2102921240009 8367 26TH ST LAKE ELMO 55042 JOSEPH R & TERRI L FRANZWA 2102921240011 8454 26TH ST LAKE ELMO 55042 GREGORY A & CATHERINE SALCHOW 2102921240008 8457 26TH ST LAKE ELMO 55042 JOHN H & WENDY T VEJTRUBA 2102921210019 8244 27TH ST LAKE ELMO 55042 DENNIS M & DONNA M SEIGLER 2102921210020 8247 27TH ST LAKE ELMO 55042 ROBERT E HELWIG 2102921210018 8282 27TH ST LAKE ELMO 55042 JOHN P & ROCHELE M YARUSSO 2102921210021 8301 27TH ST LAKE ELMO 55042 LAWRENCE & ELIZABETH MANN TRS 2102921210017 8310 27TH ST LAKE ELMO 55042 ROBERT A & JEANANN M SLUSS 2102921240001 8341 27TH ST LAKE ELMO 55042 ROBERT L & LEANNE M MEAR 2102921210016 8352 27TH ST LAKE ELMO 55042 PAUL H & SHARON C BERNARDY 2102921240002 8375 27TH ST LAKE ELMO 55042 THOMAS E & G NOREEN DILLON 2102921210015 8478 27TH ST LAKE ELMO 55042 DAVID W Sc. MICHELE T BITKER 2102921240004 8483 27TH ST LAKE ELMO 55042 MARK E & BRENDA A ANDERSON 2102921130015 8555 27TH ST LAKE ELMO 55042 TIMOTHY E & JILL E MCCLELLAN 2102921130019 8570 27TH ST LAKE ELMO 55042 ROBERT & CHRISTINE HAGSTROM 2102921130016 8605 27TH ST LAKE ELMO 55042 DAVID C & THERESA H NICOLETTI 2102921130017 8623 27TH ST LAKE ELMO 55042 BRADLEY & BRENDA COONS 2102921130020 8639 27TH ST LAKE ELMO 55042 RICHARD & ANGELA LASKA 2102921130014 8644 27TH ST LAKE ELMO 55042 GEORGE F JR & ROBIN L HELLER 2102921130013 8650 27TH ST LAKE ELMO 55042 MICHAEL D & SANDRA ETLICHER 2102921130002 8655 27TH ST LAKE ELMO 55042 ANTHONY M & JACQUELI CARLONE 2102921130012 8656 27TH ST LAKE ELMO 55042 EUGENE G & DENNE J HENNEN 2102921130004 8685 27TH ST LAKE ELMO 55042 GEORGE E & BEVERLY M PLETSCH 2102921130005 8709 27TH ST LAKE ELMO 55042 JO ANN A STEDT 2102921130008 8715 27TH ST LAKE ELMO 55042 DONALD J & RITA M NOVAK 2102921140011 8735 27TH ST LAKE ELMO 55042 GARY L & MARGARET CARLOON TRS 2102921140012 8755 27TH ST LAKE ELMO 55042 RICHARD M BUTALA 2102921140013 8785 27TH ST LAKE ELMO 55042 BERNARD 0 & BETTY MALON 2102921140014 8815 27TH ST LAKE ELMO 55042 TERRY L & SHIRLEY J ARENDS 2102921140015 8845 27TH ST LAKE ELMO 55042 ANTHONY J & DIANE M HAIDER 2102921140016 8875 27TH ST LAKE ELMO 55042 THOMAS H & FLORECITA C REGAN 2102921140017 8905 27TH ST LAKE ELMO 55042 WARREN M & CYNTHIA K BUCK 2102921140010 8920 27TH ST LAKE ELMO 55042 LESLIE M & NANCY M ZELL 2102921140018 8925 27TH ST LAKE ELMO 55042 JAMES E & CHERYL L ARNEY 2102921140006 8770 27TH ST CT LAKE ELMO 55042 RICHARD & JANICE V OLSON 1 13254.000 Property Owner Llst Tablyn Park - Lake Elmo Heights Watermain Extension Project City of Lake Elmo, Minnesota GEOCODE .102921140007 .102921110006 :102921110007 :102921110008 ;102921110009 ;102921110010 ;102921110011 ;102921140008 ;102921140009 ;102921120051 ;102921120052 ;102921120046 ;102921120053 ;202921230012 :202921230009 ;202921230013 ;202921230002 :202921230005 502921330034 502921330002 502921330007 502921330005 502921330015 502921330012 .502921330016 [502921330001 1502921330033 1502921330025 1502921330028 1502921330020 1502921330019 1502921330018 1502921340002 2102921230006 2102921230007 2102921230008 2102921230012 2102921230009 2102921230011 2102921230010 2102921220004 2102921220012 2102921220005 8780 8790 8800 8810 8820 8830 8840 8850 8860 8623 8643 8648 8687 9043 9049 9065 9079 9155 9018 9038 9046 9051 9077 9078 9095 9098 9141 9148 9181 9198 9202 9240 9260 2528 2580 2618 2655 2656 2677 2678 2696 2699 2760 ADDRESS 27TH ST 27TH ST 27TH ST 27TH ST 27TH ST 27TH ST 27TH ST 27TH ST 27TH ST 28TH 28TH 28TH 28TH 28TH 28TH 28TH 28TH 28TH 31ST 31ST 31ST 31ST 31ST 31ST 31ST 3IST 31ST 31ST 31ST 31ST 31ST 31ST 31ST IMPERIAL IMPERIAL IMPERIAL IMPERIAL IMPERIAL IMPERIAL IMPERIAL IMPERIAL IMPERIAL IMPERIAL CT LAKE ELMO 55042 CT LAKE ELMO 55042 CT LAKE ELMO 55042 CT LAKE ELMO 55042 CT LAKE ELMO 55042 CT LAKE ELMO 55042 CT LAKE ELMO 55042 CT LAKE ELMO 55042 CT , LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 ST LAKE ELMO 55042 AVE LAKE ELMO 55042 AVE LAKE ELMO 55042 AVE LAKE ELMO 55042 AVE LAKE ELMO 55042 AVE LAKE ELMO 55042 AVE LAKE ELMO 55042 AVE LAKE ELMO 55042 AVE LAKE ELMO 55042 AVE LAKE ELMO 55042 AVE LAKE ELMO 55042 PROPERTY OWNER DENNIS J & DEBORAH PETERSON STEVEN J & KAREN M BRAHY BRYANT C & BERNADETTE PETERSON MARK W & BARBARA A BUSTA WILLIAM J & KERRY L HOOPER MICHAEL & DELISE CONROY ALBERT F & JULIE A BEVER PATRICK T & MARY L DAHEDL DENNIS DEHMER & BARBARA K LUND THOMAS P & CAROL MONETTE JANET MARY GEHRT GAYLE L HARRINGTON ALBERT J & ADLYNE A MANGINE JULIE A & LANCE M RAY RICHARD LLOYD & JODI LYNN LAW GLEN A & CONNIE L WICHELMANN RICHARD E & NANCY C LOHMANN ROBERT M SCHUMACHER STEPHEN S JR CHLEBECK & WILLIAM E & ELLEN HUGHES KEITH V & SUSAN L WEIAND SHERRY L LOHMANN JOHN A SANDSTROM BRIAN P HAUSER CHRISTOPHER W & LISA M SALAZAR THOMAS R FRIEDRICH THEODORE P STERBENK DAVID R & KAREN L ROETTGER ARTHUR JR & GLORIA KNOBLAUCH JON C & SHERRY J BERGSTROM THOMAS M & MICHELLE M ARCAND LINDA HARDY CHRISTOPIER KLEIN JOHN R & DEBORAH A EKMAN HEUKY & MAYSONG CHU-YANG-HEU GEORGE T & ANTOINETT PRUDHOMME C KEVIN & BRENDA L FOSTER TERRY P & NANCY L FAGELY JAMES & PAULETTE GREENGARD RAYMOND A & PAMELA D RICHERT PATRICK R & MADELEINE FLEMING SCOTT & MARY M DEUTSCH KENNETH C & MARCELA M KELTON 2 13254.000 Property Owner Llst Tablyn Park - Lake Elmo Heights Watermain Extension Project City of Lake Elmo, Minnesota GEOCODE 2102921220011 2102921220010 2102921220009 2102921220006 2102921220007 2102921220008 2102921240006 2102921240003 2102921240005 2102921210008 2102921210009 2102921210007 2102921210006 2102921210010 2102921210005 2102921210011 2102921130009 2102921120017 2102921120016 2102921210014 2102921210013 2102921210012 2102921120023 2102921120022 2102921120021 2102921120001 1602921430010 1602921340019 1602921430011 1602921340018 2102921120050 2102921120056 2102921120049 2102921120024 2102921120014 2102921120025 2102921120057 2102921120040 2102921120027 2102921120041 2102921120028 2102921120029 2102921120042 2769 2811 2841 2850 2890 2895 2621 2626 2655 2876 2895 2906 2930 2935 2960 2965 2731 2773 2793 2796 2816 2856 2875 2895 2915 2961 3033 3036 3077 3082 2759 2770 2811 8520 8521 8540 8549 8580 8592 8603 8618 8628 8633 ADDRESS IMPERIAL IMPERIAL IMPERIAL IMPERIAL IMPERIAL IMPERIAL INNSDALE INNSDALE INNSDALE INNSDALE INNSDALE INNSDALE INNSDALE INNSDALE INNSDALE INNSDALE INWOOD INWOOD INWOOD INWOOD INWOOD INWOOD INWOOD INWOOD INWOOD INWOOD INWOOD INWOOD INWOOD INWOOD IRISH IRISH IRISH IRONWOOD IRONWOOD IRONWOOD IRONWOOD IRONWOOD IRONWOOD IRONWOOD IRONWOOD IRONWOOD IRONWOOD PROPERTY OWNER AVE LAKE ELMO 55042 JAMES A STEGMEIR AVE LAKE ELMO 55042 PATRICK H & JODY L O'MALLEY AVE LAKE ELMO 55042 JAMES R & JODY L HERZOG AVE LAKE ELMO 55042 DARIN L & HEATHER K HELLER AVE LAKE ELMO 55042 DAVID J & MICHELLE L LESSARD AVE LAKE ELMO 55042 GLENN J & IRENE M BODEN AVE LAKE ELMO 55042 WILLIAM J & MARY K LONGBEHN AVE LAKE ELMO 55042 THOMAS HORTON AVE LAKE ELMO 55042 JAMES A & JANICE II ROTH AVE LAKE ELMO 55042 LINDA L SCHILL AVE LAKE ELMO 55042 JACK W & MARIA M K LAI AVE LAKE ELMO 55042 GREGORY J & KATHLEEN NADEAU AVE LAKE ELMO 55042 JOHN R VALENTO AVE LAKE ELMO 55042 JOHN A & SARAH A FRANZWA & AVE LAKE ELMO 55042 WILLIAM FRANKLIN & SUSAN HENRY CT LAKE ELMO 55042 MARY P HENSCHELL/DEAN R SKON AVE LAKE ELMO 55042 MARK A & MARY T BUECHNER AVE LAKE ELMO 55042 LARRY WAYNE & MARSHA A ZAFFT AVE LAKE ELMO 55042 RICHARD M KROLL AVE LAKE ELMO 55042 XIA PAO YANG & BAO LO AVE LAKE ELMO 55042 RICK A & LYNETTE S BALLIS AVE LAKE ELMO 55042 JUDITH S SOUKUP AVE LAKE ELMO 55042 RODERICK W & JULIE MACDONALD AVE LAKE ELMO 55042 ALAN L KLEIDOSTY AVE LAKE ELMO 55042 CAREY L DUBBS AVE LAKE ELMO 55042 NED & JAYNE WINDNAGEL AVE LAKE ELMO 55042 MALY & SAKSIT VANG AVE LAKE ELMO 55042 BORIS M BECKERT & P J BISHOP AVE LAKE ELMO 55042 KHAMSUKE W & LEE Y MUA AVE LAKE ELMO 55042 BRADLEY P KRANK AVE LAKE ELMO 55042 ALBERT W & ARLET FRIEDLANDER AVE LAKE ELMO 55042 DANIEL J & CHRYSTAL LEVASSEUR AVE LAKE ELMO 55042 PAUL D & JILL I MITCHELL TRL LAKE ELMO 55042 DANIEL G & JUDITH A NOVAK TRL LAKE ELMO 55042 LLOYD J ZERWAS TRL LAKE ELMO 55042 LYLE W JR & MARC E WAGNER TRL LAKE ELMO 55042 GREGORY J & TAMMY MALMQUIST TRL LAKE ELMO 55042 MICHAEL G & SHARON L KOREN TRL LAKE ELMO 55042 OTTO & GISELA STURZEBECHER TRL LAKE ELMO 55042 DONALD M & SHIRLEY GUSTAFSON TRL LAKE ELMO 55042 VERNON E & VICKY L REICHOW TRL LAKE ELMO 55042 STEPHEN C & AMY L SENGER TRL LAKE ELMO 55042 WILLIAM L & MARY M JAMIESON 3 13254.000 Property Owner Llst Tablyn Park - Lake Elmo Heights Watermain Extension Project City of Lake Elmo, Minnesota GEOCODE 2102921120026 2102921120030 '2102921120043 2102921120031 2102921120032 2102921120044 2102921120033 2102921120034 2102921120036 2102921120045 2102921120038 2102921120039 2102921120054 2102921130010 2102921130011 2102921140002 2102921110001 2202921220013 2202921220004 2202921220003 2202921220014 2202921220019 2202921220010 2202921220008 2202921220009 2202921220005 2202921220012 2202921220017 2202921220015 1502921330011 1502921330013 1502921330014 1502921330032 1502921330010 1502921330003 1502921330004 2202921220001 1502921330022 1502921330021 1502921330027 2102921210004 1602921340020 2102921210001 8650 8652 8657 8674 8690 8695 8702 8716 8722 8725 8748 8772 8775 8780 8785 2742 2819 2751 2798 2805 2809 2850 2877 2904 2909 2935 2940 2959 2970 2991 2994 3004 3014 3023 3052 3053 2950 2990 3010 3030 8255 8268 8282 ADDRESS IRONWOOD IRONWOOD IRONWOOD IRONWOOD IRONWOOD IRONWOOD IRONWOOD IRONWOOD IRONWOOD IRONWOOD IRONWOOD IRONWOOD IRONWOOD IRONWOOD IRONWOOD IVY IVY JAMLEY JAMLEY JAMLEY JAMLEY JAMLEY JAMLEY JAMLEY JAMLEY JAMLEY JAMLEY JAMLEY JAMLEY JAMLEY JAMLEY JAMLEY JAMLEY JAMLEY JAMLEY JAMLEY JANERO JANERO JANERO JANERO STILLWATER STILLWATER STILLWATER PROPERTY OWNER TRL LAKE ELMO 55042 DENNIS P & RITA B CONLIN TRL LAKE ELMO 55042 BETSY ANN HALL TRL LAKE ELMO 55042 DONNA A PETERS TRL LAKE ELMO 55042 JOSEPH M THOMPSON TRL LAKE ELMO 55042 JOSEPH A CHOULOCK TRL LAKE ELMO 55042 DALE M & SUZANNE L FRIESEN TRL LAKE ELMO 55042 LINDA M STROHKIRCH TRL LAKE ELMO 55042 EDWARD M & DOROTHY J KLOHN TRL LAKE ELMO 55042 BARBARA J & SHIRLEY HELMER & TRL LAKE ELMO 55042 DARLENE A & KENNETH L VENER TRL LAKE ELMO 55042 VERNON W & MARY E OLSON TRL LAKE ELMO 55042 MICHAEL J & PATRICIA WEYANDT TRL LAKE ELMO 55042 LONA C JOHNSON TRL LAKE ELMO 55042 JAMES J & BERNADINE KAUFHOLD TRL LAKE ELMO 55042 JOIIN H HENKE AVE LAKE ELMO 55042 DAVID J & LINDA L HARDY AVE LAKE ELMO 55042 JOHN B PROULX AVE LAKE ELMO 55042 JAMES V & DIANE PETERSON AVE LAKE ELMO 55042 JAMES P & VIVIAN PALECEK-TRUST AVE LAKE ELMO 55042 DAVID R & MARLENE M KLEIN AVE LAKE ELMO 55042 ELIZABETH C ARCO AVE LAKE ELMO 55042 SCOTT L & BETH F BERDAN AVE LAKE ELMO 55042 KENNETH J & JANELL S BEVING AVE LAKE ELMO 55042 MARVIN J LEROL JR AVE LAKE ELMO 55042 CHAD J CARTER AVE LAKE ELMO 55042 CHARLES R PRIEFER AVE LAKE ELMO 55042 BENJAMIN L KLEIN AVE LAKE ELMO 55042 WILLIAM A & DAWN R HOWARD AVE LAKE ELMO 55042 TERRANCE ANTHONY&MAR NEEDHAM AVE LAKE ELMO 55042 JAMES MCDANIEL AVE LAKE ELMO 55042 WAYNE R MATHER / CHARLOT KLEIN AVE LAKE ELMO 55042 ALEX & ZENA MINICH AVE LAKE ELMO 55042 DANA P & HEATHER J JERDEE AVE LAKE ELMO 55042 SUSAN A ENDRIES AVE LAKE ELMO 55042 GORDON D & JEAN A LARSON AVE LAKE ELMO 55042 RUSSELL & LORI LOETSCHER AVE LAKE ELMO 55042 GREGORY A SALUS AVE LAKE ELMO 55042 CAROL F THOMPSON AVE LAKE ELMO 55042 BARBARA ANN PETERSON AVE LAKE ELMO 55042 SCOTT R & JANICE L GLEWWE BLVD LAKE ELMO 55042 MARK R & LORI A LILLEMOEN BLVD LAKE ELMO 55042 LARRY D & KAREN S MOODY BLVD LAKE ELMO 55042 RICHARD F & JANET M EDER 4 13254.000 Property Owner Llst Tablyn Park - Lake Elmo Heights Watt -main Extension Project City of Lake Elmo, Minnesota GEOCODE 2102921210023 1602921340007 1602921340023 1602921340021 1602921340004 1602921340022 1602921340002 2102921120011 2102921120008 2102921120009 1602921430009 2102921120010 I2102921120003 2102921120004 1602921430008 2102921120005 1602921430007 2102921110003 1602921440003 8308 8364 8384 8404 8428 8464 8488 8511 8567 8583 8620 8627 8643 8659 8680 8707 8740 8863 8866 ADDRESS STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWA1ER STILLWATER BLVD BLVD BLVD BLVD BLVD BLVD BLVD BLVD BLVD BLVD BLVD BLVD BLVD BLVD BLVD BLVD BLVD BLVD BLVD PROPERTY OWNER LAKE ELMO 55042 ALLAN R MARKERT LAKE ELMO 55042 JONATHAN DUFFERT & MARIE A RAU LAKE ELMO 55042 ALBERT E JR & CAROLYN M PRICE LAKE ELMO 55042 OWEN C & ROBERTA A FURE LAKE ELMO 55042 DAVID K & PAULINE L HERDER LAKE ELMO 55042 WADE A & DEBORAH J WOHLWEND LAKE ELMO 55042 DAVID L CUBUS LAKE ELMO 55042 LINDA M BRUCHU LAKE ELMO 55042 TIMOTHY A HOLST LAKE ELMO 55042 PAUL E ANDERSON LAKE ELMO 55042 JASON J BENNETT LAKE ELMO 55042 TIMOTHY S COPELAND LAKE ELMO 55042 DONALD M & RITA M AUSEN LAKE ELMO 55042 DOLORES ATKISSON & LAKE ELMO 55042 DAVID W MOORE JR LAKE ELMO 55042 GLENN C & JANICE R ROESKE LAKE ELMO 55042 BRENT STEIN LAKE ELMO 55042 WILLIAM L & PATRICIA S PROULX LAKE ELMO 55042 DEAN BEUTEL 5 13254.000 Lake Elmo City Council November 1, 2005 Agenda Section: Planning, Land Use and Zoning No. 9A Agenda Item: Moving Permit - Hardy Background Information for November 1, 2005: At its meeting October 24, 2005 the Planning Commission conducted the required Public Hearing and unanimously adopted a motion recommendation approval of this application to move house and detached garage structures a few hundred feet across 31f Street North adjacent to 9255 — 315t Street North. The City Council had previously approved a zoning variance to allow a dwelling unit on the 17,000 square foot parcel to which the house and garage are proposed to be moved. The Council condition to the variance requiring proof of septic system feasibility on the site was addressed by a Certified Septic Designer's report that a primary drain field of sufficient size could be constructed on the site, but any back-up drainfield would have to be of a "mound" design. The Commission's recommendation includes a condition modifying the applicants site plan to eliminate the shared driveway with the parcel to the east The attached Resolution provides for approval of the house/garage moves subject to the applicant providing the City with financial security guaranteeing completion all improvements related to the action within 12 months., as prescribed by Section 505.05 Subd. 4 of the City Code. Action items: Motion to adopt Resolution #2005 — approving a permit to Linda Hardy to move a house and garage to a vacant parcel on 31St Street North per plans staff dated October 20, 2005 subject to the applicant posting the appropriate financial security with the City to complete the move and improvements proposed within 12 months. Attachments: B C to 1. Draft Resolution # 2005 - , approving a moving permit. 2. Draft Planning Commission Minutes of 10/24/05 3. Planning Staff Report 4. Applicant's Documentation and Graphics Person responsible: Time Allocated: Sr ^„1) CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005- i I & A RESOLUTION APPROVING A PERMIT TO LINDA HARDY TO MOVE A HOUSE AND GARAGE WHEREAS, Linda Hardy has made application to move a single family dwelling and detached garage structures to a vacant lot at 92xx 31st Street adjacent to 9255 31st Street North. WHEREAS, at its October 24, 2005 meeting, the Lake Elmo Planning Commission reviewed and unanimously recommend approval of this application to move a single family dwelling and garage onto a non -conforming parcel per plans staff -dated October 20, 2005 based on a finding that the house and garage are compatible with the existing neighborhood. WHEREAS, at its November 1, 2005 meeting, the Lake Elmo City Council reviewed the application submitted by Linda Hardy to move a single family dwelling and garage onto a non- conforming located at 92xx 31st Street per plans staff -dated October 20, 2005. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo does hereby approves the application of Linda Hardy to move a house and detached garage to a non- conforming vacant parcel at 92xx 31st Street North per plans staff dated October 20, 2005 subject to the following condition: 1. Submission by the applicant posting the appropriate financial security with the City to complete the move and improvements proposed within 12 months. 2. Driveway access to the garage shall be entirely on the subject site (no shared access easement), with driveway surfacing set back from the property line at least 5 feet. ADOPTED by the Lake Elmo City Council on the lst day of November, 2005. Dean Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator Resol Hardy Move Excerpt Planning Commission Meeting Minutes of October 24, 2005 • 1 Hardy Moving Permit DRAFT PUBLIC HEARING: Pim BUILDING MOVING PERMIT-Hardy-92XX 31st Street The Planner explained the code requirements for moving a building into or within the city. Residents within 350 feet have been notified of the public hearing. The applicant proposes to move a house and garage from across the street. A grading plan has been submitted along with a site plan and septic design. The Planner said that setbacks would be met. Generally the proposal appears to meet Code. The applicant however, proposes a shared driveway. Shared driveways are avoided because they don't always work. The Planner said he received a phone call regarding concerns for that house on that lot. Staff recommends approval. Commissioner Sedro asked what the City can do if the exterior finishing is not done within one year of issuance of a permit as specified in the Code. The Planner said the applicant will be asked to post a bond or Letter of Credit to secure all improvements. He said that is the City's recourse should the improvements not be done within the time constraints. Commissioner Schneider asked if there is an easement for the driveway. The Planner said the City has not received one, and there is already a driveway on that neighboring lot. Linda Hardy Ms. Hardy said they requested the shared driveway because they did not want to have to cut down more trees. She said the mover feels he can move the house in without cutting down the large evergreen and some cottonwoods. An easement description is drafted but not recorded. THE CHAIR THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:37 P.M. THE CHAIR THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:38 P.M. M/S/P, Ptacek/Deziel to approve the application by David and Linda Hardy to move a house and garage to the non -conforming parcel across the street because the house is compatible with the neighborhood with the condition that the driveway access easement on the Iot to the east be eliminated and the driveway is reconfigured wholly on the subject parcel. VOTE: 9:0. DRAFT DRAFT LAKE ELMO PLANNING COMMISSION STAFF REPORT Date: October 20, 2005 for the Meeting of October 24, 2005 Applicant: David & Linda Hardy Location: Between 9240 and 9202 — 31m Street North Requested Action: City Approval to Move a House/Garage Land Use Plan Guiding: SFD Existing Zoning: R-1 Site History and Existing Conditions: Since we find no reference to platting in the long legal description for this site, we assume that it was created by metes & bounds description many years ago. We find no City records regarding the site. The site is of a net area of 17,120 square feet less the 33 foot (from center line) street right-of-way. The site is heavily wooded across the north boundary — abutting the railroad right-of-way. There is also a handful of mature trees on the site — mostly cottonwoods. Site topography has been provided by the applicant. It appears that much or all of the site lies 2-3 feet below the roadway surface of 31s` Street north. There is what appears to be a storage shed at the northwest corner of the site as well as a stored boat and miscellaneous other items not identified by the site inspection. On August 6, 2005 the City Council approved a zoning variance for the applicant to permit a single family dwelling to be constructed on this non -conforming parcel. Condition #2 o the approval resolution refers specifically to an existing house located south of 10th Street. Discussion and Analysis: The Hardys have now submitted an application responsive to Section 505.05 of the City Code — "Moving Buildings into the City". The term "into" is simply less than the best Code drafting. As with every other City Code staff has seen, any movement of buildings (whether from outside the City or within) usually requires specific approval by the City. Section 505.05 provides for Notice of any such application to property owners within 350 feet, but no Published Notice. Those Notice provisions have been complied with, and the applicants have presented complete application documentation. The application proposes moving both the existing farm house and garage structure to the 17,120 foot parcel north of 31st Street. from the Farms of Lake Elmo site south of 31St Street north. The applicants have presented a site/grading plan for the parcel that depicts the house and garage situated such that no additional zoning variances would be required. The applicants have also presented a report from a licensed septic designer that demonstrates that a single conventional septic drain field can be accommodated on the site, but that any backup drainfield would need to be a mound system — not surprising on a 17,000 square foot parcel. The site will be served by City water from a main to be constructed in 31st Street yet this year — if the weather cooperates. Findings and Recommendations: It appears that the applicants have complied with the documentation requirements of Section 505.05, and have thereby demonstrated that movement of the house and garage to the vacant parcel can be accomplished within the standards of the zoning ordinance. With the understanding that any back-up waste treatment site would be required to be a mound system, we also find that the house could be adequately served with water and sewer facilities. Staff questions the need for the proposed driveway to cross the parcel to the east by easement. While we acknowledge that an 18 inch pine tree can be saved by this measure we also suggest that such arrangements can prove troublesome to future property owners of one or both of the parcels with issues of reconstruction and maintenance. The Commission's judgment in this matter is respectfully requested. Planning Commission Actions Requested: Motion to recommend approval of the application of David and Linda Hardy for City permit to move a single family dwelling and garage on to a non -conforming parcel per plans staff -dated October 20, 2005 based on a finding that the house/garage are compatible with the existing neighborhood, and will be adequately served with water and sewer utilities. The Commission should consider a condition regarding the location of the proposed driveway to the garage. aQu1/4,02 Charles Dillerud, City Planner Attachments: 1. Location Map 2. Applicant's Documentation Location Map Union Pacific Railroad ROW State Highway 5 R2 13214 DIN DON DON TUN SN Vicinity Map 0 600 Scale in Feet M r.produclonoiland retaf ard. esl they and I various Washington County omaea Thu epu¢�oj Oak! Canty Is ml reegMlLL for anylrewanla Sane WWYnpon County Survnnfn omu Phone (BSI} 99041375 Parel data baud on AS400 Mbrnallon Union Pacific Railroad ROW Subject Site Location Map Farms of Lake Elmo OP Site 9 N1W Riles Vicinity Map RN 0 136 Scale in Feet This e result endproduction ellen4 rem* ea compilation they appear In verlwe W a40l91on County offices. µ easel my should hinat�County brei reepon04Y or any looaunaes Pnonne{651)430R876 ton County �neW(e Ortiu, Parcel dale based on A8400 Information O 4 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005- 007 A RESOLUTION APPROVING A ZONING VARIANCE FOR DAVID AND LINDA HARDY WHEREAS, David and Linda Hardy, has made application for a variance from the zoning ordinance minimum lot area standards to permit relocation of an existing farm house on to the site from the Farms of Lake Elmo OP site across 31 st Street North. WHEREAS, at its August 9th special meeting, the Planning Commission reviewed and recommended approval of the variance from Section 300.09 Subd. 1 of the Zoning Ordinance to permit a single family detached dwelling on a lot of record of less than 1 acre area based on the following findings: 1. The variance requested results from circumstances unique to property due to the applicant preserving a 19th century faun home in keeping with the City's desire to maintain its history and rural character. 2. Granting of the variance will not change the essential character of the neighborhood. WHEREAS, at its August 16th meeting, the Lake Elmo City Council reviewed the zoning variance from Section 300.09 Subd. 1 of the Zoning Ordinance to permit a single family detached dwelling on a lot of record of less than 1 acre area subject to conditions. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council approves the variance from Section 300.09 Subd. 1 of the Zoning Ordinance to permit a single family detached dwelling on a lot of record of less than 1 acre area located between 9240 and 9202 315t Street North for David and Linda Hardy, subject to the following conditions: 1. The applicant shall provide evidence to the City engineer that the parcel includes sufficient area of soil suitable for a primary and secondary septic drainfields prior to execution of the approval resolution. 2. The variance is approved on the condition that the only residential use of the parcel is as the location for the former Friedrich farm house to be moved to the parcel from the former Friedrich farmstead immediately across 31st Street North from the subject parcel. ADOPTED BY THE Lake Elmo City Council the 16th day.oLAugust, 2005. Dean Johnston, Mayor Hardy Variance i;! -91a Found 1- iron, RL54840 0.22 ft. Nortr. & 0.24 ft. East of Property corner SHED ) feet East of the ithwest Quarter of h p 29, Range 21, County, Minnesota. ff 1175 XS12,69 m • Found 1" Iron -A912.5; ~1 _ EXISTING CELLAR DOOR HOUSE Col tewwied %,^uhd t tor., RLS4S'40 ------------ X91_09P x 91S rg 912 59 } SHEO �l 1t' 912.35 tT 2—tTORY WOdb FRAME Ago Al - NORTH. ' I -TER ' I AELWAY Y. (ALSO KNOWN AS "C ST.P. - iPI.5.' & i.; RAILWAY") 912.44 X 1 - " X9iO;$2' / HOUSE Top of Block'E oolinn: 915.1D Basemer)t Elevation 906.1.0 11 0 20.0 " 46.0 [F 914 sib .,: 0 24 Cot Cottmtreee 1 Lotfsn( 1 914.37 \\ 33.0 y/ a 7.49 ar -1' E. X911.552 LAND AREA. rly Line of the Chkage .,and Nortt C. ST P: MPLS. & 0 Ro Found 1'Iron, 1,57'ft North. de 0.59 It. Waist 8f Property corner y- 0 a 630 Line oarollelrand 1175 feet East of the 11 West line of the Southwest Quarter of 24.25 Section 15, Township 29. Range 21. 1.5—STORY tom r, Washington County, Minnesota. WOOD FRAME 0" GARAGE *912.78 Slab EfeVation• , 914.35 24.25 112 o) NS 913. 'NEW -X91210 GRAVEL DRIVE 913.44' 0 f Portion of Existing Grovel -./Drive to be abandoned *913 05 *' S12.85 t8' ds EXISTING MOUSE Ra Yi. 42 IVEWAY/ACCESS ` 1 _..ENT Existing Radian of Grovel Drive ouel D be used 0 Point of Beginning \,Centerline of 31st Street North (also known as "016 Stillwater & TOTAL:. 21,318.23 S0. FT, / 0.4893 ACRES LESS RIGHT GE WAY: 17,697.47 SQ. ET. / 0.4062 ACRES r� c r.r'n EL:V,4,1IpN' TOP OE Bl,t k 7 '9 .10 Lake Elmo City Council November 1, 2005 Agenda Section: Planning, Land Use and Zoning No. 9B Agenda Item: Zoning Ordinance Text Amendment — Repeal of OP Conditional Use — AG/RR Zones Background Information for November 1, 2005: At its meeting October 24, 2005 the Planning Commission conducted a Public Hearing and unanimously adopted a recommendation to amend the Zoning Ordinance text by repealing the Conditional Use Permit provisions of the RR and AG zones. This action will render the OP Ordinance (which remains in the Code) inoperative. The Commission was advised by staff that it is probable staff will recommended that these provisions be added back to the zoning ordinance at such time as the 2030 Comprehensive Plan, and any redrafted zoning ordinance/map responsive to that Plan, becomes effective — likely some time in 2006. Action items: I (0.3 Motion to adopt Ordinance #97 — repealing the Open Space Decvelopment Conditonal Use Permit from the AG and RR zonign districts. Attachments: 1. Draft Ordinance #97 — IL 3 2. Draft Planning Commission Minutes of October 24, 2005 3. Planning Staff Report Person resnonsible: City Planner Time Allocated: Excerpt Draft Lake Elmo Planning Commission Meeting Minutes of October 24, 2005 1 Zoning Text Amendment - Delete OP as a Conditional Use PUBLIC HEARING: ZONING TEXT AMENDMENT -AD and RR — Delete OP as a Conditional Use The Planner said that now as we are awaiting the Comp Plan concurrence by the Met Council and the City Council is looking at the Village Area Plan, it might be important to dispense with OP projects for at least a few months. OP is in our Comp Plan at a higher density. We have approved 180 units in the last several months, and never done more than 150 in a year before. Staff recommends making that section of the Code non - operative for several months. Commissioners asked if the plats in progress will have to wait. The Planner said no, they already have CUPs, however, they will have to wait for the new Zoning Code to replat for the additional lots. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:44 P.M. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:45 P.M. Commissioner Armstrong said that when OP was originally drafted, every open area was reguided with an OP designation. Initial projects were a learning experience for the City. The Code was modified to slow projects down a little bit and to offer another reasonable use of the property. He said it might not be bad to go back to OP Zoning again because the AG, RR, and OP kind of muddied those waters. He asked if the City can just do a moratorium on lots over 10 acres. The Planner said usually those are area specific and this would be City-wide. This method might be cleaner. He said under this proposal the City cannot amend any CUP once that provision is removed from the Code. Commissioner Armstrong said he has no problem giving the City and Council more time but not sure this is the most effective method for attaining our goal. The Planner said the goal is to avoid a stampede of development that could upset the work being performed right now. He said there is a moratorium on development below 10`h Street. The Planner said landowners still have reasonable use of the land when density is still 1 per 10 in RR and 1 per 40 in AG. However, homeowners are not likely to want to build that way with the valuable price of land. M/S/P, Armstrong/Schneider, to repeal the CUP provisions of the OP Code for AG and RR zones until further notice. Commissioner Sedro asked how this will affect DEER GLEN. The Planner said it will affect DEER GLEN however they still plan to build the church first. He said he would like to give this amendment six months, probably not shorter than that. Commissioner Fliflet said she supports the amendment but not for in progress or on -hold projects. She said the church and OP affect each other. The Planner said they intend to Excerpt Draft Lake Elmo Planning Commission Meeting Minutes of October 24, 2005 2 Zoning Text Amendment — Delete OP as a Conditional Use proceed with the church now. They are hoping to grade for the church on the north part of the site only. VOTE: 9:0. Commissioner Armstrong said he supports the goal but offered an alternative method. M/S/P, Armstrong/Ptacek, to request the City Council look into a development moratorium for OP eligible parcels or a change in density rather than rescind this section of the Code, and he suggests that the City Council direct staff to review those alternatives. VOPE: 9:0. 4 MEMO (October 21, 2005 for the Meeting of October 24, 2005) To: Lake Elmo Planning Commission From: Chuck Dillerud Subject: Zoning Ordinance Text Amendment As of today the City is both working with the Metropolitan Council on the new City-wide Comprehensive Plan, and is under contract with a consulting team to address the Village Area Plan. The geographic areas of the City that will be most impacted by those two planning initiatives are the I-94 Corridor, and the Village Area. Pending completion of those projects the City has adopted Development Moratoriums which cover those two geographic areas of the City. The Village Area Moratorium has recently expired, and can not be further extended. The I-94 Corridor Moratorium extends to June, 2006. It can be extended by City Council action but not without procedural steps that are new to State Statutes. Except for limited GB and LB sites in both noted geographic areas of the City, the majority of both areas are currently zoned AG (1 unit per 40 acres) or RR (1 unit per 10 acres). The RAD and AG land use guiding for the areas currently so -zoned matches that zoning classification. Therefore the current Comprehensive Plan and zoning of the majority of the undeveloped areas in both the Village Area and the I-94 Corridor are in conformity, providing the property owners "reasonable use" of the land responsive to contemporary land use regulation case law — although not necessarily the ultimate use that the land owners may have in mind. In addition to the 1/40 or 1/10 land use permitted in AG and RR zoning districts respectively, the zoning ordinance provides for OP clustered development at a 0.40 dwelling units per acre density (roughly 1 dwelling unit per 2.5 acres) — as a Conditional Use Permit in those zones only. Staff proposes that the City repeal the OP Conditional Use Permit provisions of AG and RR until such time as the City's new Comprehensive Plan and the complimentary zoning ordinance amendments have been adopted by the City. The OP section would remain a part of the zoning code, but be inoperative until such time as the new Comprehensive Plan and zoning ordinance amendments to match are officially established. Given the fact that at Least Preliminary Plats and OP Development Stage Plans for 4 new OP neighborhoods totaling 180+ lots have been recently approved by the City (and would not be impacted by this proposed amendment since they have attained Preliminary Plat approval from the City) staff does not see how this amendment will adversely impact the housing market in Lake Elmo over the next few months. Surely OP will return as a CUP — and at a somewhat enhanced density over today — well before the local housing market experiences any significant constraint. We recommend the Planning Commission conduct the required Public Hearing (Notice of which has been Published in the City's Official Newspaper), and adopt a recommendation to the City Council to repeal the OP Development CUP provisions of the AG and RR zones. Lake Elmo City Council November 1, 2005 Agenda Section: Planning, Land Use and Zoning No. 9C Agenda Item: Final Plat and Development Agreement — Park Meadows Background Information for November 1. 2005: The developer of this 7 lot RE subdivision has submitted Final Plat drawings and construction plans. Given the lateness of the season staff has agreed to place this application on the City Council agenda even though the final draft of the Development Agreement is still work in progress as of October 28. Note however that the Agreement for a small RE subdivision is relatively simple (no outlots and easements to deal with, for example). Staff expects to have the Agreement draft completed by the November 1 meeting and will go over it with the Council at that time. The proposed Final Plat complies with the approved Preliminary Plat, and the City Engineer has approved the construction plans and specifications. Subject to the Development Agreement, staff recommends the Final Plat and Development Agree be approved subject to resolution of engineering details with the City Engineer. Person responsible: Action items: jib Motion to adopt Resolution #2005 - , approving the Final Plat and City Planner Development Agreement of Park Meadow. Attachments: 1. Resolution #2005 —10(a 2. City Engineer's memo 3. Development Agreement (available at the meeting) 4. Approved Preliminary Plat Time Allocated: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-116 A RESOLUITON APPROVING THE FINAL PLAT AND DEVELOPMENT AGREEMENT OF PARK MEADOWS WHEREAS, Barbara Berquist and J. P. Bush Homes, ("Applicants") submitted a completed application requests that the City of Lake Elmo approve an Open Space Preservation Development Final Plat and Development Agreement to be known as PARK MEADOWS. The parcel is legally described as follows: Parcel Leaal Description: The Southwest Quarter of the Northwest Quarter of Section 14, Township 29 North, Range 21 West, except the Westerly 33 feet thereof, and except the North 660.00 feet of the East 660.0 feet of the Southwest Quarter of the Northwest Quarter, and also excepting a tract of land for roadway 66 feet in width (North to South), the South line of which is described as follows: Commencing at the intersection of the centerline of Old Minnesota State Trunk Highway 212 (now known as Meadowlark Lane) and the East line of the Northwest Quarter of the Southwest Quarter of said Section 14, thence North along said East line a distance of 766.9 feet to a point on the East and West Quarter line of said Section, said point being the East termination point of the said South line of said roadway, running thence West on said East and West Quarter Section line 461.2 feet to the West termination point of said South line of said roadway. WHEREAS, at its September 6, 2005 meeting, the City Council reviewed and recommended approval of the Preliminary Plat of PARK MEADOWS for a seven lot (RE) Residential Estates subdivision. hereby: NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council Approves the Open Space Final Plat and Development Agreement for PARK MEADOWS as illustrated on J.P. Bush Homes survey prepared by Landmark Surveying, Inc., staff dated October 28, 2005, with the following conditions: 1. Compliance with the recommendations of the City Engineer and Valley Branch Watershed District. 2. Compliance with the recommendation of the CityAttorney. • s 9 ADOPTED by the Lake Elmo City Council on the 1st day of November, 2005 Dean Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator Resol Park Meadows Chuck Dillerud Fromm Sent: To: Subject: Chuck Thomas D. Prew [prew.td@tkda.com] Friday, October 28, 2005 2:06 PM Chuck Dillerud Park Meadows Plans look pretty good. A couple of need to double check on the drainage Works costs: Grading Storm Sewer Streets Watermain Landscaping Sewer City $0 $15,000 $98,000 $76,000 Not shown $0 cost for oversizing Inspection Fee $9,500.00 $10,025 items for them to change but nothing too great. I do on Monday. I don't recall if we decided to charge him for the lateral watermain or not. Lateral Watermain (along park) 556 ft @ $29 /2 = $8,062. Based on his 8" watermain estimate. If we used actual cost as bid by Chris R. it would closer to $2,940.00 plus design and inspection so call it $3,400.00 Tom PRELIMINARY PLAT OF LANDMARK SURVEYING, INC: 21150 Ozark Avenue North - Box 65 Scandlo, Minnesota 5507B ,i1 \ n. )%\ \ Jf l '.% I, ohow. -Ire? 946- 950 X 99C6 963/,511 N , lE 1ajV o LL %96 — ar In'6•SP"a� rC� I/3 PARK MEADOWS Part of the Southwest Quarter of the Northwest Quarter of Section 14, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota ifvnt ai PaBKta 31fi• yap-" / \ \ - \•�. \-fie—y, (N get-e g adea°mmam /, S1eqma3 F r+a-`r _ kcil„v'/ r /C�\ 711 �`. pia •.,• —, 07, rn-',eclinc� A. \\� $ Pl cceltion .', / /I 19;,F/ P / '`y�✓� fir+ Total Area 6.62,/ suhdabferAr a z@, / Total/Mee 1 f-LLet 9ttt9 1' 1\ Nekton Pmpm8m LTDPmNamblgp4 _ - 947..6\ice -- \\ la 96 i "" m,vm E-& tl E Kd nor ��(\�_� art' °------ .'----- _96af�- Q,y�y�%, -Lit_ �' [e{]-'j:. �/'n �, �4 .l•""c. -,11Y' (I �� ,,i n e �iL 54? 3 953.//' /� v/� x 999,6I \R Id\I Q„d • /err/' { 13\ WI 1;h8se' 429,1 chi u(A-undC( y ///////// \ -C - '-99°., 1 I '\ x 929E --' I I9/ 6 / O '&92`it- I/929 DEVELOPER J.P. BUSH HOMES c/o Joe Bush 3537 Lake Elmo Avenue North P.O. Box 893 Lake Elmo, MN 55042 (651) 777-6162 Office ENGINEER: Nyhus Engineering 561 Grove Street SW Hutchinson, MN 55350-2850 1-800-446-5038 OWNER Barbara Berquist 3600 Kelvin Avenue North Lake Elmo, MN 55042 (651) 777.6536 SURVEYOR: Landmark Surveying, Inc. 22250 Ozark Avenue North Seandia, MN 55073 651-433-3421 SOIL TESTS WETLAND DELINEATION Eklin Soil Testing and inspections Anthony Brough 1986 Ridgewood Avenue 7020 Meadow Court White Bear Lake, MN 55110 Rockford, MN 55373 Joe. 506 L9 WlllllaTn £alb, L91T LEGAL DESCRIPTION (Warranty Dad Document No. 3054115) The Southwest Quarter of tho Northwest Quarter of Suction 14, Township 29 North, Range 21 Week except are Westerly 33 feet thereof, end except the North 660.00 feet of the East 660.00 feet of tseSouthwest Quarter of the Northwest Quarter, and also excepting a tract of land for roadway 66 feet m width (North to South), the South line of which is described as follows. Commencing attho intersection of the centerline ofOldMinnctota State Taint Highway 212 (now known as Meadowlark lame) and theEast Ihm of the Northwest Quarto of the Southwest Quarter of said Section 14, thence Nord, along said Hest line a distance of 766.9 feet to paint on the East and West Quarto Hut of said Section, said point being the East termmtion pout of the said South line of said roadway, mmning thence West on said East and West Quarter Section lino 461.2 feet to the West termination point of said South line of said roadway SITE ADDRESS: 3600 Kelvin Avenue North PRESENT ZONING: RR - Rural Residential (10 acres) PROPOSED ZONING. RR - Residential Estates (Omits per 20 acres - 3.333 acres per lot) TOTAL AREAL 28.09 acres Toil area of lots = 26.26acres Area within Anne( to 1 83 acres TOTAL PROPOSED LOTS: 28.09/ 3.333 = 8.43lots =8 SingleFamily Lots SETBACKS: Pront' 100 fat Rear: 100 feet Side - Internal 50 feet Side- Como Lot Adjoining Street _80 fact MINIMUM LOT AREA: 2 5 acres PAT FRONTAGE: Along Street I50 fat On Cud -De -Sac 70 feet SEWER: All lots will be served with individual on -site septic systems. Prliminary soil analyas performed by Min Soil Testing and Inspections. WATER: City Water WETLANDS: Wetlands were delineated by Anthony Hrough, wetlands specialist. IMPERVIOUS COVERAGE: (Maximum 15%) Roads 1I0Ae.t Rinses &Driveways = 1.6 A°.f Percentage Impervious- 270/28.09=9.6 % STREETS: Approximately 1300 feet of 26foot wide and 370 feet of 22 foot wide, face to face. bimminour. roadway with concrete curb and gutter. Proposed road to be named Kelvin Court North. DRAINAGE AND mum EASEMENTS: 10 foot wide drainage and utility easements will bo dedicated in 81a Dail plat along all nglrt-of-way lines, along the outside boundary of the plat, and centered on all side lot lines. SCHOOL DISTRICT: District 834- Stillwater Area Schools WATERSHED DISTRICT: Valloy Branch Watershed District LOWEST FLOOR ELEVATION RESTRICTIONS: Lots 5 -'l 949.0 Lot 8 940 7 East Half - 949.0 West Half Lot 1 940.7 Telephoner F400 651-496-9N 4 m-47a1 E-mail' rmneflelddecntlemetnet VICINITY MAP Section 14 T.2RN. R.21N. ,a„ l" 7 PA WADS asuw.rm tom 1 ✓'�nm UP. nRn m. END ... y(i DmSods Type pe olwwallowing peraoils Story of Washington Conroy, Minnesota ft ]Meow Utility Pole g60-'neoatnSiding Connor __,y50"i),:mmcs Pmpaml Contour cam Denotes Supt'e acting Ten Hde and Nwn0er DMI Denotes Pereoiatioa Tcstlfole and Number l,'Aio Lmglh R-Reams FHSx'omd Had Sedtm Ch9P Carmgatd Metal ripe Inv.=InvertdPipe CB=Catd1 main NADIS=Noah Amerman Datum of 1981 1 DPH-Remy Duly Poly-RNylene Orientation ofntubmdng system the WalNog:m County Cemdmem Syahm,14ADg3. Topography is by pimmgmmuol10 methods from aerial photogmpbs taken 1996, sseond �ound tu3Fr�m,Pryey& Associates. Ire I datum 0. Vertical durum to NOVD, 1929 dlmlmsnt Cmleum um ate 2 fool brew) Revision August 8, 2005 - Major revielons over entro plat Revision August 18,2005 - Additional Meln091d borings, correct labels an borings and ether minor changes. Revision August 2a, 2006 - Revise cut -de -sae and Lot layouts at oul-de-sec. Revlae pflvnle toed and Kelvin IMarseMian. I hereby rate INI this money, plan engird low Prallarediy mooruoder otvAnd wpaniaon and that lea n duty Licensed Loyd Surveyor under the Uwe of rho ante of Minnesota. (4)-S xi, �' 07/05/2005 tent T.lAllee Mmleadfiumm No. 13775 Date Pmet No.2005:28 PARK MEADOWS See14-7.29N-M21W Washington County Cost Iron Monument Fond l/2 loch Iron Plps Monument with a ptas5M N89'46139"E 621.99 cop '""n'haereLssszs 2 22000 -� — sOM _ I-- __z�st4.S5 \ t --oioge ��, '-Norrh line of the I 331=. SW1/9-NWI/4 I r 9 Easement-6 Sec.14-829N-R.218 3665aws II II 0. II II II II II 41 II II II I r. Ry i piS�•> )5l. l R�� y/ o Ic 2�- - I Z4 Found 1/2 Inch Iron Pipe ib'\ ' ll `b• /,, Monument with o plastic W a: \ r. 'l � a{,so., �• e p mecrroed RLS 8625 , ar L) '&. ` �' 4 11\�aeJan, 3 YA"Ll " 28.14- i/ . z \ 260 Acres N53YWBBT .r ' ` ,zSei r 9l o 4 .151Acres 33 Ih To. NN I 6 299Acres / ,or 0 1 I 0 €0. e :z m Hain o w"siT 1. 00 N 00pso- G V / 8 ▪ --EdOMgo of noted Wet land { 7 I 0 gi''' I. .W4 602 Atm 8/a 'I W E9a =PII \ I o i n f. \IID r � South the of the �'0'\3 `• SWI/4-NWI/6 ' Sec.14-T29N-R.21W\\ $\ `mow ___ �V -gazes—A—{..„ _ i te968 - _ 116094 'S FI28e89 N y / O �E t7 1! /1 $ liR '� ��.w\ • - L 55.54 _ 8.4r5e'04• 25I29 66000 0 South Me of the North 650.00 feel 01 the 5141/4-AW1/4 Sea14-1:298-R.21W N89'46'39""E 660.00 t_ WI/4 Coin. 5ec.19-D298-R.21W Washington County Cost Ion Monument S89'53 23"W 823.42 2 250 Aeon 1I /1 I !/ I 1/ 8 622Acres t, o 25L59 ad5.29' 8L 1 II 33 try\ z�'' $ '0/ I E w3y •• 266 Awes �/ °a 4i h .1 W I � w/ al $/ o G yw ;V %I33 O Oy¢ riacl oo 426 dD 4-2 07;2^ \q1 \ 589'53 23 "1Y 461.20 fr' �, I }'6S --EXCEPTION-- 1 -J �Srn,•Do ,6L10 \I OI'-.tent y \`-cost and West Quart. section line I' 66 a jp Sec l4-T29N-R.21W .. ... 1 'U { 1R. L. S. 3J foot by 66 k at easement___ C. Ili fY to City of Loke Elmo 181 > �� Document Number3545214 'e. '� r4 EN/4 Comer Sec 14-T29N-R.21W Washington County Cast Iron Monument --., N8953'23T n .392).97 33 foot by 100 foot emement to City of Loke Elmo Document Number 3543216. GRAPHIC SCALE too W iW ro SCAMS M PUT 1 Inch = 100 feet LEGEND ORIENTATION OF DRS BEARING SYSTEM IS d15ED TORN THE WASHINGTON COUNTY COOROM E SYSTEM VAN 63/1S50.' DISTANCES ARE IN FEET AND EMMASS OF A FOOT. o - DENOTE" 1/2 ION BY 18 INCH IRON PIPE MDNDNE88 SET, MINED WAIN A POLLING CAP INSCRIBER) ANEZ MS 13715.' • - omits 1/Y INCH IRON PIPE EWNBMEM FOUND, M4RK(D WTI A PLASTIC CAP (ASCRIBED ANQ RCS /3775' WASH WAs SET BY ME IN A PREYMUS SURVEY BATED 2-08-2005 UNLESS ORBTMTSE NOMARLL ® -omens WASHINGTON wow MOMNM.V: DRAINAGE AND UMMY EASEMENTS ARE SHOWN T11US 5- -+� so,I I Io LJ Li___ 1 1 OENO 5 PEET N WDTN ANO ADIANING MOE LOT LINES, AND TO TEST N WION AND APIDNNO REM TAT LAVES AND RIGHT-OF-WAY LNEA OMIEIS OTHERWISE SHOWN ON THE PUT. r- VJClNITV MAP SECI4-T29N-R21W WASHINGTON COUNTY, MNNESOTA (Not To Scab) RECEIVED SEP 3 0 2005 This plat was prepared by LANDMARK SURVEYING, INC. 21150 Ozark Ave. N. P.O. Box 85 Seandia, MN 55073 Ph. 651-433-3421 Fax. 651-433-4781 E-mail: inthefieidWrontiernet.net PARK MEADOWS SH£E1 2 OF 2 SHEETS Lake Elmo City Cd"uncil October 18, 2005 November 1, Agenda Section: CITY ADMINISTRATOR'S REPORT No. 11. A Agenda Item: Ordinance 97-164 Snowmobile Ordinance Modification Background: for November 1, 2005: The Council postponed discussion per the request of the Snowmobile Club. 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 responsible: Action Items: to adopt Ordinance 97-164 Martin Rafferty, Administrator Attachments: Ordinance 97-164 CITY OF LAKE ELMO ORDINANCE NO. 97-164 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 Incorporation 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 Regulations. 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 Lalce Elmo City Council this 1st day of November, 2005. CITY OF LAKE ELMO By: ATTEST: Martin.J. Rafferty City Administrator Dean Johnston Mayor