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