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Home My WebLink About20080805CCPCITY (1F LAKE ELMO a fee E 0 651/777-5510 3800 Laverne Avenue North / Lake Elmo, MN 55042 City of Lake Elmo 3800 Laverne Avenue Lake Elmo, Minnesota 55042 City Hall NOTICE OF CITY COUNCIL MEETING REGARDING 2009 BUDGET Tuesday, August 5, 2008 5:30 PM ;31-Infecl on 1.,,,ar_ycieci City of Lake Elmo 3800 Laverne Avenue North August 5, 2008 7:00 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston DeLapp Johnson Park Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings so everyone attending the meeting or watching the meeting understands how the City Council does its public business.) F. GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G. APPROVE MINUTES: 1. July 15, 2008 H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes. CONSENT AGENDA: (Items are placed on the consent agenda by city staff and the Mayor because they are not anticipated to generate discussion. Items may be removed at City Council's request.) 2. Approve Resolution no. 2008-034 payment of claims. 3. Approve appointment of election judges for primary and general elections, Resolution no. 2008-035 4. Approve MnDot agreement for the Hwy 5 planting project, Resolution no. 2008-036 5. Schedule an appeal hearing for August 19 on a zoning code violation for 5761 Keats Avenue PUBLIC HEARING: 6. Vacation of right-of-way; Resolution no. 2008-037 K. REGULAR AGENDA: 7. South Washington Watcrshed District update L. REPORTS AND ANNOUNCEMENTS: City Council and Administrator M. Adjourn to National Night Out festivities FT City of Lake Elmo City Council Meeting Minutes July 15, 2008 Mayor Johnston called the meeting to order at 7:00 p.m. Present: Mayor Johnston and Council Members DeLapp, Johnson, Park and Smith Also present: City Administrator Hoyt, City Engineer Griffin, City Attorney Filla, Project Assistant Kriegler, Finance Director Bouthilet and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Park moved to approve the Jul) J5Ih agenda as presented Council Member Smith seconded the motion. Mayor Johnston and Council Members Johnson, Park and Smith voted for the motion and Council Member DeLapp voted against the 117011017. MOTION: Council Member Johnson moved to amend the motion to add meeting adjournment al 830 p.m. Council Member Park seconded the motion. Mcn'or Johnston and Council Members Johnson, Park and Smith voted for the motion and Council Member DeLapp voted against the motion. ORDER OF BUSINESS: APPROVE MINUTES: The minutes of June 17, 2008 were approved by consensus. The minutes of July 1, 2008 were approved by consensus. PUBLIC COMMENTS/INQUIRIES: Kathy Lohmer, 8199 Hill Trail N., Lake Elmo, introduced herself as the endorsed republican candidate for State Representative 56A. Ann Suckow, (1945 Polaris Place, North St.Paul), Lake Elmo Jaycees Community Development VP 2008, asked Mayor Johnston to proclaim the second week of August 2008 to be Huff n Puff Days in Lake Elmo. Ann Bucheck, 2301 Legion Avenue, asked where the money is going to come from to pay back the $1 million loan to fund the Old Village project. LAKE ELMO COUNCIL MINUTES JULY 15, 2008 CONSENT AGENDA: MOTION: Council Member Johnson moved to approve the consent agenda as presented. Council Member Smith seconded the motion. The motion passed unanimously. • Approved Resolution no. 2008-032 approving the disbursements in the amount of $182,285.08 • Approved Lake Elmo Jaycees liquor license for Huff n Puff Days • Schedule a closed meeting on July 22 at 6 PM and a closed meeting on August 12 at 6:30 PM (in place of the city council workshop) for the purpose of the city administrator's performance review • Accept the developer -installed public infrastructure improvements for the H.O.A. 2nd Addition improvements (Eagle Point Circle) Development; Resolution no. 2008-033 as corrected per Jack Griffin's letter dated July 16, 2009 changing the warranty period to July 21, 2007 and end on July 20, 2009. • Approve agreement between Washington County Conservation District and members of the 2009-2012 East Metro Water Resources Education Program at a cost of $2,000 in 2009 with an annual increase of 3.5% to be paid for through the surface water utility fee for surface water quality education services that is part of the city's authorizecUapproved NPDS surface water management plan PUBLIC HEARINGS: Hold a public hearin,c„ receive comments and consider approval of the Wellhead Protection plan City Engineer Jack Griffin presented the Well Head Protection (WHP) Plan, Part 2. The plan is required to protect the public health and safety of the city's water supply. Bob Schumacher, Lake Elmo resident, assisted with gathering data information for this plan. Mayor Johnston opened up the public hearing at 7:37 p.m. in the council chambers. Judy Blackford, 9765 45111 Street, is interested in a water plan for existing citizens who have contaminated water which will provide them with city water. Mayor Johnston closed the public hearing at 7:41 p.m. MOTION: Council Member Johnson moved to approve the Wellhead Protection Plan, Part 2. Council Member Park seconded the motion, The motion passed unanimously, LAKE ELMO COLTNCIL MINUTES JULY 15, 2008 REGULAR AGENDA: Receive a proiect report detailing the proposed rights and restrictions for the Sunfish Lake Park Land Trust Easement Carol Kriegler, Project Assistant, presented a project report related to placing Sunfish Lake Park, a 315 acre park that is used for hiking and skiing, in a conservation easement with the Minnesota Land Trust and to endorse the concept presented in the report. The intent of this project report was to identify the proposed land use restriction that will be included in the conservation easement. Judith Blackford, Parks Commission member and Lake Elmo resident, summarized the report and recommendation by the parks commission for the City Council to consider that identified future uses for the park. City Council members Smith and Johnson noted that an ice skating rink with a warming house was recommended as a future use of Area Two, but this item was not included in the list of proposed rights and restrictions for a conservation easement to the Minnesota Land Trust. MOTION: Council Member DeLapp moved approval of the project report prepared by the Parks Commission outlining the proposed rights and restrictions in Sunfish Lake Park and authorize the City to coordinate with the Minnesota Land Trust to prepare the conservation easetnent document for approval by the City Council and the Board of Directors of the Minnesota Land Trust by October 31, 2008. Council Member Park seconded the motion. The motion passed unanimously. Receive and accept the 2007 Annual Financial Report Steve McDonald, city auditor, reviewed the highlights of the 2007 Annual Financial Report for the City Council and answered questions. Joe Rigdon, Finance Manager, KDV and city hired financial expert, organized, reconciled and reworked its 2007 accounts at the recommendation of the city auditor as a result of the findings for the 2006 audit. Anne Bucheck, 2301 Legion Avenue, Lake Elmo, asked about how the $1,000,000 loan for the Village project would be repaid so that taxpayers, who did not benefit from the project, were not covering these costs. Administrator Hoyt explained that a repayment plan for the loan will be developed as part of the budgeting process and that the City Council has always planned to recoup costs for the infrastructure and environmental studies from developers and users. MOTION: Council member Smith moved to accept the 2007 Annual Financial Report as presented Council Member Johnson seconded the motion, The motion passed Unal7i17101151.1). LAKE ELMO COUNCIL MINUTES JULY 15, 2008 MOTION: Council Member Smith moved to extend the City Council meeting 15 minutes. Council Member Johnson seconded the motion, The motion passed 11110.1111110USly, Consider annrovina contractina for routine account nrocessina services Susan Hoyt, City Administrator, asked the City Council to enter into an agreement with the city of Roseville for routine account processing services for: accounts payable, payroll, utility billing, reconciliation of accounts, routine monthly and quarterly financial reports and data input into the budget to be charged on an hourly basis. MOTION: Council Member Johnson moved to authorize into an agreement with the city of Roseville fbr accounting processing services for an estimated S10, 000 to he funded through the general fimd and utility funds through the end of 2008 with the intent to evaluate the efficiencies and value of contracting for this service as part of the city's 2009 budgeting proces,s. Council Member Smith seconded the motion. The 'notion passed unanimously. Review the timeline for the 2009 Budaet Process Susan Hoyt, City Administrator, provided a timeline for the 2009 budget process. Finance manager, Joe Rigdon, of KDV will lead the city staff and City Council on the budget initiative. REPORT AND ANNOUNCEMENTS: Mayor Johnston attcnded the Regional Council of Mayors. The Mayor will provide information from Best Practices of the Council of Mayors, which hopes to encourage people to help the City with projects or a couple hours a month. The Mayor adjourned the meeting at 8:50 p.m. LAKE ELMO COUNCIL MINUTES JULY 15, 2008 4 City Council Date: 08/05/2008 CONSENT Item: 2 Resolution 2008-034 ITEM: Approve resolution No. 2008-034 approving disbursements in the amount of $172,292.99. SUBMITTED BY: Torn Bouthilet, Finance Director SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve disbursements in the amount of $ 172,292.99. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2008-034 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Number 472 was used for building surcharge - qtr, 473, 474, DD1737 through DD1758, 32868 through 32892 were used for Staff Payroll dated July 17, 2008; 32893 was special check run for Fall Festival food permit; 475,476. DD1759 through DD1772, 32894 through 32900 were used for staff payroll dated July 31, 2008; 32901 through 32953 were used for Accounts Payable, in the total amount of $172,292.99 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 5th day of August, 2008. Dean Johnston Mayor ATTEST: Susan Hoyt City Administrator Accounts Payable Computer Check Proof List User: Administrator Printed: 07/31/2008 - 1:25 PM Invoice No Vendor:ACS 193 Vendor: AMERTEST 2082023 Vendor:ARAM 629-6533997 629-6533998 629-6536844 629-6536845 629-6536846 629-6536847 Vendor:ASPENMI 82804 82942 Vendor: BATTYPL 32-155456 Description Animal Control Services Animal Control Services 6/22 - 7/6 Check Total: American Test Center Required Ladder Testing - Fire Check Total: Aramark Uniforms Mats & Soap Public Works Linen - City Hall Monthly Rug Service -Fire Station 1 Mats - City Hall Annex Monthly Rug Service -Fire Station 2 Check Total: Aspen Mills, Inc. Boot Zippers -Fire Medic Coveralls Check Total: Batteries Plus Woodbury Battery - Parks Vehicle Check Total: Vendor:CAMPBELL Campbell Knutson P.A. 2879-000G Legal Services -Human Resource Amount Payment Date Acct Number 629.40 08/05/2008 629.40 955.00 08/05/2008 955.00 32.18 47.10 32.51 22.03 32.51 -22.95 189.28 08/05/2008 08/05/2008 08/05/2008 08/05/2008 08/05/2008 08/05/2008 14.00 08/05/2008 147.00 08/05/2008 161.00 68.69 08/05/2008 68.69 300.00 08/05/2008 Check Sequence: 1 101-420-2700-43150 Check Sequence: 2 101-420-2220-44040 Check Sequence: 3 101-430-3100-44170 101-430-3100-44010 101-410-1940-44010 101-420-2220-44010 101-410-1940-44010 101-420-2220-44010 Check Sequence: 4 101-420-2220-44170 101-420-2220-45800 Check Sequence: 5 101-450-5200-42210 Check Sequence: 6 101-410-1610-43040 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (07/31/2008 - 1:25 PM) Page l Invoice No Vendor:CENTPOW 420170 Description Check Total: Century Power Equipment Chain Saw Cover -Parks Check Total: Vendor:COPYIMAG Copy Images, Inc. 98256 Copy Machine Maint, Check Total: Vendor:EMERGAPP Emergency Apparatus Maint, 36407 Repairs Truck 3183 Check Total: Vendor: FXL FXL, Inc. Monthly Assessing Service - August 08 Check Total: Vendor:GENSAF General Safety Equipment 11380 Repair Damaged Valve - Fire Check Total: Vendor:HAWKINS Hawkins, Inc. 1207629 RI Flouride Check Total: Vendor:HEIMAN HEIMAN FIRE EQUIPMENT 0746560-IN Replacement Batteries -Thermal Camera Check Total: Vendor:INTERSTA Interstate All Battery Ctr 023753 Repalcement Batteries AED - Fire Check Total: Vendor:ITERIS ITEM Inc. 303476 Safe Rotes to School Program-Reit:a, Amount Payment Date Acct Number 300.00 9.81 08/05/2008 9.81 320.51 08/05/2008 320.51 2,630.24 08/05/2008 2,630.24 2,000 00 08/05/2008 2,000.00 788.64 08/05/2008 788.64 716.66 08/05/2008 716.66 219.05 08/05/2008 219.05 175.90 08/05/2008 175.90 1,668.24 08/05/2008 Check Sequence: 7 101-450-5200-42400 Check Sequence: 8 101-420-2400-44330 Check Sequence: 9 101-420-2220-44040 Check Sequence: 10 101-410-1550-43100 Check Sequence: 11 101-420-2220-44040 Check Sequence: 12 601-494-9400-42160 Check Sequence: 13 101-420-2220-42210 Check Sequence: 14 101-420-2220-42210 Chcck Sequence: 15 101-410-1320-44300 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 ACH Enabled: No AP - Computer Check Proof List (07/31/2008 - 1:25 PM) Page 2 Invoice No Vendor:Johns Vendor: Lake CIIK REQ Vendor: LAKEESOD 8188 8191 Vendor: LAKESMEC 9054 Vendor: MARONEYS 252192 252192 252192 252192 Vendor:MATCO 203072 203894 Vendor:MENARDSO 59844 60051 60195 60684 60999 62391 62413 Description Check Total: Lana Johnson Refund Street Assessment -Previous Paid Cheek Total: City of Lake St. Croix Beach Transfer Cases -Elections Check Total: LAKE ELMO SOD FARMS LLC Sod City Hall Annex Sod City Hall Annex Check Total: Lakes Mechanical Services, Inc Thermal Expansion Tank Check Total: Maroney's Sanitation, Inc Waste Removal - City Hall Waste Removal - Fire Waste Removal - Public Works Waste Removal - Parks Check Total: Mateo Tools Belt Gear Tool Man Role Tool Check Total: Menards - Oakdale Ramp & Deck - City Hall Annex Ramp & Dcck - City Hall Annex Ramp & Deck Materials - City Hall Annex Dcck & Ramp Materials - City Hall Annex Sign Paint Boards & Screws - City Hall Annex Landscape Materials - City Hall Annex Amount Payment Date Acct Number 1,668.24 1,047,20 08/05/2008 1,047.20 46.40 08/05/2008 46.40 432.34 08/05/2008 114.49 08/05/2008 546.83 776.00 08/05/2008 776.00 103.09 08/05/2008 45.37 08/05/2008 197.77 08/05/2008 103.09 08/05/2008 449.32 115.11 08/05/2008 94,95 08/05/2008 210.06 42.82 08/05/2008 99.51 08/05/2008 26.50 08/05/2008 83.80 08/05/2008 28.51 08/05/2008 222.31 08/05/2008 261.38 0S/05/2008 Check Sequence: 16 409-000-0000-36100 Check Sequence: 17 101-410-1410-42000 Check Sequence: 18 411-480-8000-45200 411-480-8000-45200 Check Sequence: 19 202-494-9400-44300 Check Sequence: 20 101-410-1940-43840 101-420-2220-43840 101-430-3100-43840 101-450-5200-43840 Check Sequence: 21 101-450-5200-42400 602-495-9450-42400 Check Sequence: 22 411-480-8000-45200 411-480-8000-45200 411-480-8000-45200 411-480-8000-45200 101-430-3100-42260 411-480-8000-45200 411-480-8000-45200 Reference ACH Enabled: No ACH Enabled: No ACM Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (07/31/2008 - 1:25 PM) Page 3 Invoice No 62704 Vendor:MENARDST 37526 37630 Vendor: MFRA 62495 62495 Description Deck & Ramp Materials - City Hall Annex Check Total: Menards - Stillwater Deck & Ramp Materials - City Hall Annex Deck & Ramp Materials - City Hall Annex Check Total: MFRA Planning Services Surface Water Management Check Total: Vendor:MILLEREX Miller Excavating, Inc, 13374 Grade Roads Check Total: Vendor:MNUNEMPL MN Dept Economic Security 07973555 Unemployment Insurance Check Total: Vendor:MOGRSOD Mogren Turf 136384 Landscape Mulch Check Total: Vendor:NEXTEL 761950227-064 761950227-064 761950227-064 761950227-064 761950227-064 Nextel Communications Cell Phone Service - Admin Cell Phone Service -Fire Cell Phone Service -Bldg Cell Phone Service -Public Works Cell Phone Service -Parks Check Total: Vendor:NORCHEM Northland Chemical Corp. 5014983 Wash & Wax Check Total: Vendor:NORTHWWS Northern Water Works Supply SO1151511.001 Water Meters AP - Computer Check Proof List (07/31/2008 - 1:25 PM) Amount Payment Date 82.75 08/05/2008 847.58 392,91 08/05/2008 107.24 08/05/2008 500.15 3,815.54 08/05/2008 180,00 08/05/2008 3,995.54 990.00 08/05/2008 990.00 2,287.90 08/05/2008 2,287.90 260.20 08/05/2008 260.20 121.11 08/05/2008 150.38 08/05/2008 31.49 08/05/2008 60.90 08/05/2008 16.28 08/05/2008 380.16 68.80 08/05/2008 68.80 3,965.36 08/05/2008 Acct Number Reference 411-480-8000-45200 Check Sequence: 23 411-480-8000-45200 411-480-8000-45200 Check Sequence: 24 101-410-1910-43150 603-496-9500-44010 Check Sequence: 25 101-430-3100-43150 Check Sequence: 26 101-410-1520-41210 Check Sequence: 27 411-480-8000-45200 Check Sequence: 28 101-410-1940-43210 101-420-2220-43210 101-420-2400-43210 101-430-3100-43210 101-430-3100-43210 Check Sequence: 29 101-450-5200-42160 Check Sequence: 30 601-494-9400-42300 ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 4 Invoice No SO1151511.001 SO1151511.001 SO1154180.001 Vendor:OAKDALE 10000460-01 Vendor: PETERSO 11135M 1 1 140M 11145M 11155M 11161M Vendor:PEllYCI Vendor:PLANTH 919-08 919-08 919-08 Vendor:PRESS Vendor:RWRCOOP 141352 141352 Description Hydrant Oil & Repair Kit Wrenches Annual Software Support Meter Read Equip Check Total: City of Oakdale Check Total: Peterson Fram & Bergman Legal Services - Civil Legal Services - Criminal Legal Services - Village Legal Services -Admin Legal Services -Auto Forfeiture Check Total: Petty Cash Council Chamber Clock Refreshments Porvided at Open House Plan Board of Review - Dinner Shipping -Census Data Filter -Public Works Check Total: PLANT HEALTII ASSOCIATES, INC Forester Services June 08 Forester Services -Development Postage Check Total: StevenPress Cable Operator Check Total: River Country Cooperative Fuel -Fire Vehicle Washes Amount Payment Date Acct Number Reference 401.52 08/05/2008 140.94 08/05/2008 1,743.00 08/05/2008 6,250.82 13,085.72 08/05/2008 13,085.72 1,904.93 4,968.96 33.00 143.00 27.50 7,077.39 21.29 25.28 58.00 14.63 42.55 161.75 08/05/2008 08/05/2008 08/05/2008 08/05/2008 08/05/2008 08/05/2008 08/05/2008 08/05/2008 08/05/2008 08/05/2008 940.00 08/05/2008 634.50 08/05/2008 0.84 08/05/2008 1,575.34 117.76 08/05/2008 117.76 177.50 08/05/2008 40.44 08/05/2008 601-494-9400-42270 601-494-9400-42400 601-494-9400-43180 Check Sequence: 31 601-494-9400-43820 Check Sequence: 32 101-410-1610-43040 101-410-1610-43045 413-480-8000-43030 101-410-1610-43040 101-410-1610-43045 Check Sequence: 33 101-410-1940-44300 101-410-1910-44300 101-410-1520-44300 101-410-1320-44300 101-430-3100-44010 Cheek Sequence: 34 101-430-3100-43150 203-490-9070-43150 101-410-1320-43220 Check Sequence: 35 101-410-1320-43620 Check Sequence: 36 101-420-2220-42120 101-420-2220-44040 ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (07/31/2008 - 1:25 PM) Page 5 invoice No Vendor: ROGERS 15754 15785 Vendor:RUD Vendor: S&T 01MR2042 01MR2042 01 MR2042 OIMS2980 01 MS2980 Description Check Total: Rogers Printing Services Stationary Envelopes Receipt Books Printing Check Total: DianePrince-Rud Cleaning Services -City Hall Cleaning Services -Fire Hall Cleaning Supplies Check Total; S&T Office Products, Inc. Toner Cartridge - Finance Office Supplies Office Supplies Office Supplies Office Supplies -Elections Check Total; Vendor:SAMSCLUB Sam's Club 5508 Annual Membership Card Fee Check Total: Vendor:SPRINT 837908817-008 Vendor: STILL 2(1495977 20498379 Vendor:STILLMED 12469 Sprint Phone Cards for Laptops Check Total: STILLWATER COURIER Legal Notice Legal Notice Check Total: Stillwater Medical Group Physical Firefighters-11 Check Total: Amount Payment Date Acct Number 217.94 249.80 08/05/2008 1,148.63 08/05/2008 1,398.43 360,00 08/05/2008 360.00 08/05/2008 21.86 08/05/2008 741,86 114.27 08/05/2008 51.47 08/05/2008 22.85 08/05/2008 231.08 08/05/2008 10.10 08/05/2008 429.77 37.72 08/05/2008 37.72 174.55 08/05/2008 174.55 38.35 08/05/2008 23.60 08/05/2008 61.95 2,172.00 08/05/2008 2,172.00 Check Sequence: 37 101-410-1320-42030 101-410-1520-42030 Check Sequence: 38 101-410-1940-44010 101-420-2220-44010 101-410-1940-42110 Check Sequence: 39 101-410-1520-42000 101-410-1320-42000 101-410-1410-42000 101-410-1320-42000 I01-410-1410-42000 Check Sequence: 40 101-410-1320-44300 Check Sequence: 41 101-420-2220-43210 Check Sequence: 42 101-410-1910-43150 101-410-1910-43150 Check Sequence: 43 101-420-2220`-43050 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 (07/31/2008 - 1:25 PM) Page 6 Invoice No Description Amount .Payment Date Acct Number Reference Vendor:TASCH T.A. Schifsky & Sons Check Sequence: 44 ACH Enabled: No 44844 Asphalt Street Repairs 284.78 08/05/2008 101-430-3100-42240 44908 Asphalt Street Repairs 83.49 08/05/2008 101-430-3100-42240 44968 Asphalt Street Repairs 84.31 08/05/2008 101-430-3100-42240 Check Total: 452.58 Vendor:TDS TDS METROCOM - MN 6517798882 Analog Lines - Fire 6517798882 Analog Lines - Public Works 6517798882 Analog Lines -Lift Stations Check Total: Vendor:TESSMAN Tessman Company S099576-IN Erosion Blanket & Seed Check Total: 161.47 08/05/2008 69.60 08/05/2008 102.75 08/05/2008 333.82 194.88 08/05/2008 194.88 Check Sequence: 45 101-420-2220-43210 101-430-3100-43210 602-495-9450-43210 Check Sequence: 46 603-496-9500-43150 Vendor:TKDA TKDA, Inc. Check Sequence: 47 000200802174 Village Planning June 444.37 08/05/2008 413-480-8000-43030 000200802561 Well Head Protection Plan 133.98 08/05/2008 601-494-9400-43030 000200802562 Water System Interconnect 89.32 08/05/2008 601-494-9400-43030 000200802563 Tablyn/Heights Watermain Project 3,301.18 08/05/2008 202-494-9400-43030 000200802564 Whistling Valley III 1,836.99 08/05/2008 203-490-9070-43030 000200802565 Tapestry at Charlotte Grove 498.86 08/05/2008 203-490-9070-43030 000200802566 Lake Elmo Farms 1,656.11 08/05/2008 203-490-9070-43030 000200802567 Discovery 287.00 08/05/2008 203-490-9070-43030 000200802568 Sanctuary 293.99 08/05/2008 203-490-9070-43030 000200802569 Park Meadows 92.57 08/05/2008 203-490-9070-43030 000200802570 1-94 to 30th Village Sanitary 11,083.37 08/05/2008 413-480-8000-43030 000200802571 Village Planning 287.05 08/05/2008 413-480-8000-43030 000200802572 General Engineering 4,142.89 08/05/2008 101-410-1930-43030 000200802573 General Engineering- Surface Water 1,582.29 08/05/2008 603-496-9500-43030 000200802573 General Engineering- Water 1,160.81 08/05/2008 601-494-9400-43030 000200802573 General Engineering- Sewer 594.60 08/05/2008 602-495-9450-43030 000200802573 General Engineering- Streets 912.72 08/05/2008 409-480-8000-43030 000200802573 General Engineering 1,942.53 08/05/2008 101-410-1930-43030 000200802574 SW Area Water System Extension 980.54 08/05/2008 601-494-9400-43030 Check Total: 31,321.17 Vendor:TRISTATE 'l'ri State Bobcat, Inc. Check Sequence: 48 A58294 Safety Glasses - Parks 12.62 08/05/2008 101-450-5200-42400 E09701 Excavator Rental for Erosion Control 583.75 08/05/2008 603-496-9500-43150 ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (07/31/2008 - 1:25 PM) Page 7 Invoice No Description Check Total: Vendor:TWINCIT Twin City Water Clinic, Inc. 4686 Water Bacteria Analysis Check Total: Vendor: USAMOB R03 I 8076G USA Mobility Wireless, Inc. Monthly Alpha Pagers -Chief Officers Check Total: Amount Payment Date Acct Number 596.37 65.00 08/05/2008 65.00 Check Sequence: 49 601-494-9400-42270 Check Sequence: 50 21.39 08/05/2008 101-420-2220-43210 21.39 Vendor:Vette Toby Velte Check Sequence: 51 Permit 6275 Escrow Return 2975 Klondike 1,000.00 08/05/2008 803-000-0000-22900 Check Total: 1,000.00 Vendor:WOODFIRE Woodbury Fire Department CHK Req Registration Check Total: Vendor:ZACK Zack's, Inc. 24172 Cleaning Towels - City Hall 24172 Rake. Locate Paint & Hearing Protection Check Total: 120.00 08/05/2008 120.00 47.10 08/05/2008 117.34 08/05/200S 164.44 Total for Check Run: 91,011.21 Total Number of Checks: 53 Check Sequence: 52 101-420-2220-44330 Check Sequence: 53 101-410-1940-42110 601-494-9400-42400 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (07/31/2008 - 1:25 PM) Page 8 City Council Date: 8'5-08 CONSENT Item- 5 Motion ITEM: Approve appointment ofelection judges for the primary and general Election SUBMITTED BY: Sharon Lumby.City Clerk SUMMARY AND ACTION REQUESTED: The City Council )sbeing asked toapprove olist of election judges for the primary and general elections. Motion: Move to approve Resolution no, 206-035 appointing the election judges for the primary and general election. ATTACHMENT: 1. Resolution no. 2OD8'085 2. Notice of Filing (Informational) CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2008-035 A RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2008 PRIMARY AND GENERAL ELECTION WHEREAS, the City of Lake Elmo is dependent upon and appreciative of citizen assistance for its election process and, WHEREAS, the Lake Elmo 2008 Primary and General Election Judge appointments consist of individuals recommended by the City Clerk with the approval of the majority of the City Council, NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Council do hereby approve the following appointments for the 2008 Primary and General Election Judges and set the wages for their services at S 11.00/Hour to the Head judges, $10.00/Hour Assistant Judges and $9.00/Hour to all other judges. Precinct I: Jim Allen, Diane Allen, Jim Beers, Florence Bergloff, Barbara Bjorkman. Carol Crimmins, Shirley Durand, Betty Herzfeld, Gloria Knoblauch, Jan Krueger, Joyce Mehsikomer, Don Meyer, Jerry Nielsen, Audrey Olsen, Jim Roth, Paul Ryberg, Bob Schumacher, Bud Schneider, Bill Wacker, Violet Wagoner, Tom Walker, Linda Wagner, Bruce Weeks Precinct 2:, Keith Bogut, Joseph Dardis, George Dege, Debbie Dean, Eloise Evenson, Nancy Hansen, Suzanne Haugen, Wil Hirsch, Barb Holm, Loren Johnson, Ginny Johnson, Dick Johnson, Jan Kiefner, Barb Kiesling, Wendy Loos, Karen Meister, Judy Moris, Pat O'Donnell, Ken Owens, Jackie Pierre, Phyllis Paulson, Ruth Pallmeyer ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS 5th DAY OF AUGUST, 2008. Dean A. Johnston, Mayor ATTEST: Sharon Lumby, City Clerk CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA NOTICE OF FILING FILING FOR LAKE ELMO CITY OFFICES OPENS TUESDAY, AUGUST 26, 2008 AND CLOSES TUESDAY, SEPTEMBER 9, 2008 AT 5.00P.M. FOR MAYOR (4-YEAR TERM) TWO (4-YEAR TERM) CITY COUNCIL MEMBERS ANYONE WHO HAS BEEN A RESIDENT OF LAKE ELMO FOR AT LEAST 30 DAYS BEFORE THE GENERAL ELECTION, IS 21 YEARS OF AGE OR MORE, AND PAYS A $2.00 FILING FEE MAY FILE AT THE LAKE ELMO CITY OFFICE, 3800 LAVERNE AVENUE N., LAKE ELMO, DURING REGULAR BUSINESS HOURS OF 8:00 A.M. TO 4:30 P.M. MONDAY THROUGH FRIDAY. ELECTION FOR THE ABOVE OFFICES WILL BE HELD TUESDAY, NOVEMBER 4, 2008. Sharon Lumby City Clerk City Council Date: 8/05/08 ConsertAgenda Item: .4 ITEM: Approve resolution 2OO8-O3Gagreeing tpK8nQOTagreement inorder toreceive reimbursement for landscaping materials and authorize the Mayor and City Administrator toexecute the agreement SUBMITTED BY: Kelli Matzek, Planner RB/|EVVEDBY: Susan Hoyt, City Administrator Kyle N|ett, Director ofPlanning SUMMARY AND ACTION REQUESTED: The city council isbeing asked hoconsider Resolution 2008 - 036 authorizing the city to enter into an agreement with MnDOT for the planting that took place in May of 2008 along Highway 5 and to receive reimbursement for the landscaping materials. The resolution also authorizes the Mayor and City Administrator to execute the agreement. This resolution and agreement would normally have been executed before the planting took place, but due toclerical errors onthe part ufK4nDOT.itwas not completed. This resolution and agreement are aformality for filing the correct paperwork toensure reimbursement for the landscaping materials used for the planting project, ADDITIONAL INFORMATION * The landscapingwas completed along Highway 5 near Carriage Station Park mnSaturday, May 3.2O08. MOTION: Approve Resolution 2008'038 authorizing the city toenter into an agreement with K4n/DOT0u receive reimbursement for the landscaping project and toauthorize the Mayor and City Administrator toexecute the agreement. ATTACHMENTS (1).: 1. Resolution 2008-83O 2. K8nDOTAgneement CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2008-036 A RESOLUTION AGREEING TO MN/DOT AGREEMENT NO. 92477 IN ORDER TO RECEIVE REIMBURSEMENT FOR LANDSCAPING MATERIALS AND TO AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE THE AGREEMENT WHEREAS, the City of Lake Elmo applied for and was approved to receive a grant through the Mn/DOT Roadside Landscape Partnership Program to landscape along a portion of State Highway 5. NOW THEREFORE BE IT RESOLVED, that the City of Lake Elmo hereby agrees to Mn/DOT Agreement No. 92477 with the State of Minnesota, Department of Transportation for the following purpose: I. To provide for payment by the State to the City of the State's share of the acquisition costs of the landscape material to be placed along and adjacent to Trunk Highway No. 5 from 200 ft north of 50th Street to 55th Street within the corporate City limits under State Project No. 8214-969D (T.H. 5 =045). BE IT FURTHER RESOLVED, that the Mayor and the City Administrator are authorized to execute the Agreement and any amendments to the Agreement. ADOPTED BY the Lake Elmo City Council on the 5th day of August, 2008. ATTEST: Dean A. Johnston, Mayor Susan Hoyt, City Administrator CERTIFICATION I certify that the above resolution is an accurate copy of the Resolution adopted by the Council of the City of Lake Elmo at an authorized meeting held on the 5th day of August, 2008, as shown by the minutes of the meeting in my possession. Signed: (title) Subscribed and sworn to before me (signature) this day of August, 2008. Notary Public (datc) My Commission Expires PRE -LETTING STATE OF MINNESOTA Mn/DOT SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION LANDSCAPE PARTNERSHIP PROJECT The State of Minnesota Department of Transportation, ctfld The City of Lake Elmo Re: State cost landscape materials acquisition by the City for use along T.H. 5 from 200 ft. N. of 50 St. to 25 St. 92477 S.P. 3214-9690.H.5045) State Funds ORIGINAL AMOUNT ENCUMBERED $4,500.00 AMOUNT RECEIVABLE (None) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of, Transportation, hereinafter referred to as the "State", and the City of Lake Elmo, Minnesota, acting by and through its City Council, hereinafter referred to as the nCity". 92477 WHEREAS, the 02i7v is about to perform landscaping &iC'fl9 Trunk Highway No. 5 from ft. north of 50th SUrset tc tIJ Street within the corporate City limits in accordance with City -prepared plans, specifications and special provisions de rgnated as the "Lake Elmo Landscaping Plan", which project has been designatF-d by the State as State Project Nrm. 8214-969D (T.H. 5-045); and WHEREAS, the City has requested participation by the State in the costs cf landscape materials acquisition in accordance with the terms of the State's "Community Roadside Landscaping Partnership Program"; and WHEREAS, the State is wiliinq to participate in the costs of the landscape materials acquisition as hereinafter set forth; and WHEREAS, Minnesota Statute Section 161.20, subdivisicn 2 authorizes the Commissioner of Transportation ta make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and rproving improvingthe trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - PROJECT ADMINISTRATION BY THE CITY Section A.. Landscape Materials Acquisition The City shall acquire landscape materials in accordance with State -approved City plans, specifications and special provisions designated as the "Lake Elmo Landscaping Plan". Landscaping shall be performed by City forces in accordance with Stateappraved City plans, spec±iicaticns and special provisions that are on file in the -v's office and in the State's Office of Technical Support in St. Paul, and are incorporated into this Agreernent by reference. 92477 Section B. Purchase Order to be Furnished to the State The 7ity shall, within 7 days a__ 1: ordering the landscape inateria submit to theState' s Landscape Partnership Program Coordinator in St. Paul a copy of the purchase order for the landscape materials. Section C. Direction, Supervision and Inspection Landscape materials acquisition performed. in accordance with th±s Agreement shall be under the direction of the City; however, the State cost participation landscape materials to be acquired under this Agreement shall Inc open to inspection by the State's authorized representatives. The City shall give the States Landscape Partnership Program Caordinatnr five days notice of its intention to receive delvery cf the landscape ma-erials. Responsibility for the control of the State cost participation landscape materials acquisition covered under this Agreement shall be on the City and shall be carried out in accordance with State - approved City plans, specifications and specinhL provisions designated as the "Lake Elmo Landscapinq Plan. The City must verify whether or not nursery vendors are under a Cy - Moth Compliance Agreement between the Minnesota Department of Agriculture, hereinafter referred to as the "MDA", and the United States Department of Agriculture or under an MDA Japanese Beetle Quarantine. A current Certificate of Compliance must accompany all plant material shipped from nursery vendors subject to quarantines for Gypsy Moth and Japanese Beetle. To determine if vendors are subject to quarantines, call the MDA Supervisor af Plant Regulatory Services at (651) 296-8388. Section D. Completion of Materials Acquisition and Installation The City shall cause the acquisition and installation of landscape niatcnials tc Inc started and cornpTLstsd in accordance with the time 9247-7 schedule in the Commn)tv Rfla s.ide Landscaping Partnership Program Project Application, which is on file in the State's Office of Technical Support and is incorporated into this Agreement by reference. An exchange of letters between Jhe apprcpriate City official and the State's Landscape Partnership Program Coordinator, fcr unavoidable delays encountered in the performance thereof, may extend the completion date for the landscape materials acquisition and installation, Section E. Compliance with Law, Ordinance and Regulations The City shall, in connection with the acduisirion of the landscape materials, comply with all Federal, State and Local laws, and all applicable ordinances and regulations. Section F. Right -of -Way, Easements and Permits The City is hereby authorized to work on State right-of-way for the purposes of installing and maintaining the ]andscape materisis, including any necessary replacement of landscape materials that fail to survive. The City shall, withoutor expense to the State, obtain ali rights -of -way, easements, construction permits and any other permits and sanctions that may be required in connection with the installation of landscape materisis. Prior to advance payment by the State, the City shall furnish_the State with oertified copies of the documents for those rights -of -way and easements, and certified copies of those construction permits and other permits and sanctions required for State landscaping. ARTICLE II - STATE COST Section A. Basis The State's full and complete share of the costs of the 1andscapinlandscaping to be perforrned along Trunk Highway No. 5 from 200 ft. north of Set.' 4 92477 Street to 55 Street witha_, the corporate City limits under State Project No. 214-969D (T.H. 5,-045) shall ke equal to the delivered ccst of the landscabihg materials acquired in accordance with the "Lake Elmo Landscapinq Plan." Section B. Payment It is estimated that the cost ef the landscape materials acquisition is $4,500.00. The maximum obligation of the State under this Agreement shall not exceed $6,000.00, unless the maximum obligation is increased by execution of an amendment to this Agreement. The State shall pay to the City an amount equal to the delivered cost of the landscape materials, not to exceed the maximum obligation, tter the followingconditions have been net 1. Encumbrance by the State of the cost share. 2. Execution and approval ef this Agreement and the State's transmittal of it to the City. 3. Receipt by the State's Landscape Partnership Program Coordinator, from the City, of the following: a. Copies of the purchase orders the landscape materials, as provided for in Article I, Section 2. of this Agreement. b. Certified copies of the documents, as provided for in the second paragraph of Article I, Section F. of this Agreement. c. Written request for payment, accompanied by copies of supplier invoices for the landscape materials acquisition and delivery. 92477 ARTICLE III - GENERAL PROVISIONS Section A. Installation and Maintenance by the City After acquisition of the landscape materials, the City shall install the landscape materials along Trunk Highway No. 5 and provide for the proper maintenance thereof, without cost or expense to the State. Maintenance includes, but is not limited to, removal and replacement of all materials that fail to survive. Criteria for maintenance and replacement are shown and described in EXHIBIT "A", Maintenance Responsibilities Plan and Schedule, which is attached and incorporated into this Agreement. Section B. Responsibilities of the City The City shall, in r-onnectinn with the lan cane materia acquisition, installation and maintenance, comply with the following qnnditio,ns: 1 Use of State ight-of-way shall in no way impair or interfere with the safety or convenience of the traveling public in its use of the highway. Preserve and protect all utilitieslocated on lan crqvered by this Agreement, without cost or expense to the State. 3 As reuired by Minnesota Statute 216D, notify Gopher State One Call System (1-530-252-1166) at least 48 hours before any excavation is done on this project. 4. No advertising signs or devices ot any form or sire e constructed or shall be permitted to be constructed or placed upon State right-of-way. Upon completion 92477 the installation of landscape materials and during performanoe of maintenance operations, restore all djsturbed area of State right-of-way so as to perpetuate satisfactory drainage, erosion control and aesthetics. Any use of State right-of-way permitted by this Agreement shall remain subordinate to the right of the State to use the property for highway and transportation purposes. This Agreement dces not grant ahy interest whatsoever in land, nor does it establish a permanent park, recreation area er wildlife cr waterfowl refuge fci1itv that would become subject to Sectien 4 (f) of the Federal -A d Highway Act gf 1962. Section C. Examination of Books, Records, Etc. As provided by Minnesota Statute Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to Examination by each party, and either the _Legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. Section D. Termination of Agreement The State may terminate this Agreement if it's the State's desire to use any portion of State right-of-way subject to this Agreement for transportation purposes, by giving the City written notice at least 90 days pricr to the date that such termination shall become effertive. Upon termination of this Agreement, the City will be required to restore and return the area to a condition satisfactory to the State's r.istr Engineer at oseville. Each party may terrninste thisAgreement, with ar without cause, by providing the other party with written or fax notice of effective date of termination. The State is not obligated to nay lan services 7 92477 berformed after notice and effective date of termination. Upon such termination, the City -is entitled tc payment for services satisfactorily perfOrmed under this A?,reement pri,Thr to the effective date cf termination. The State may immediately terminate this Agreement if it does not obtain f-unding from the Minnesota Le9islature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered under this Agreement. Termination must be by written or fe> notice to the City. The Stat:e iq neat ohligated to pay for services -performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination, to the extent the funds are available. Section E Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own act, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the resulte thereof. Minnesota Statutes Section 3.726 and ather applicable law.govern liability of the State. Minnesota Stetutes Chapter 466 and other applicable law govern liability of the City. Section F. Nondiscrimination The provisions of Minnesota Statute Section 181.69 and of any apllicable law relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. 92477 Section G. Agreement Approval Before this Agreement becomes binding and effect ve, it shall be appr<Dved by a City Cauncil resolution and executed by such State and City officers as the law may provide in addition to the Commissioner of Transportation or their authorized representative. ARTICLE IV - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of thisAgreement is Todd Carroll, Landscape Partnership Program Coordinator, or his number are sunr(.Q..S0r. His current address and telephone John Ireland Boulevard, Mailstor) 626, St. Paul, MN 55155, 366-4617. The City's Authorized Agent for the purpose of the administration af this Agreement is Kelli Matzeh, Assistant Planner, or her successor. Her current address and telephone number are 3800 Laverne Avenue North, Lake Elmo, MN 55042, (651) 233-5413. 92477 IN TESTIMONY WHEREOF the 'art:ies have executed —is Agreement: by tner authnrd nfficers, STATE ENCUMBRANCE VERIFICATION inj ceftifes tb.5t. funds .SIva ben enculr.befed as _rsquifed by Minn. Srat. 16A.25 and 14.7.05. Da t: MAP Encumbrance No. CITY OF LAKE ELMO Ey DEPARTMENT OF TRANSPORTATION Tr.c.c.mmefided tol appfo,val. By LarAooal.;o Paftnefship PID9T3M Coordn7,',tor Bv Disfricf En9ineer Appovi By Stte Design En9ineer Date Ma7of .Approve'.3 as to fclm anca execution, DatR By By Dat,. 10 Contr:Jot: Maoagment Date COMMISSIONER OF ADMINISTRATION As de1ate to Materials 5Jana9ement Divsion Date Vines I Groundcovers EXieT A" Mafritenance ResportsIbiNtes Pan and Schd Table la. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES PLANT GROUPS Evergreen Trees Shade Trees When To Anytime • Dry Anytime - Dry MAINTENANCE CONSIDERATION. PRUNING Type Of Corrective and Deadwood Removal Training and Corrective WEED CONTROL. Maintain mulch at 3' minimum around trees in mowed areas, keep weed free. FERTILIZATION See Table 5, Fertilization Schedule Yes Yes Ornamental Trees Winter— Corrective Yes Evergreen Shrubs - Anytime - Dr y Deadwood Removal Yes Deciduous Shrubs Dormant Corrective and Maintain minimum 3Yes Renewal woodchip mulch in a weed free condition until shrub crown closure. Dormant Deadwood Rernaval No Do not prune oaks during April, May and June. Do not prune Honeylocust while dormant or when humid or wet. Do not prune apples, crabapples or Mountain Ash during April, May and June. TABLE lb. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES MAINTENANCE CONSIDERATION PLANT GROUPS 1 WATERING INSECT AND RODENT REMOVALS AND DISEASE PROTECTION REPLACEMENTS CONTROL Evergreen Trees Shade Trees Ornamental Trees Evergreen Shrubs Deciduous Shrubs Vines Groundcovers Yes until established As needed. (2 yrs.). Remove diseased Supplemental watering plants that pose may be needed during threats to adjacent drought periods plantings. (especially during July and August) even after plants are established. Yes - Pine Only Yes Yes No No - No No Remove all dead plants. Replace dead or dying plants unless the lost plants do not noticeably compromise the visual appearance or design intent. Rodent protection is generally not practical for mass shrub plantings, maintaining clean mulched planting areas free of weed growth will reduce problems. Mowed turf in formal planting areas will help reduce rodent problems. Sheet 1 of 4 TABLE 2a. CALENDAROF LANDSCAPE MAINTEN.Al\i0E ACT January February Pruning Weed Control: Remulch Herbicide Fertilization: Turf Shrubs, Trees insect & Disease Sunscald Protection Maintain Rodent Protection Turf Maintenance Mowing Mower Damage Prevention Replanting. Evergreen Trees Deciduous Trees Container Plants Turf May June See Table la for Best Time for Specific Species. Planting beds must he kept in a weed free condition. OXX XX.XX X0 Must be appled by a liceni3ed Pesbcde Appiicator. XXXX Time of control depends on the type of insect or disease and when it is detected, Remove wrap' During first and second growing seasons approximately once a week or as needed to maintain adequate but not excessive soil moisture. 0000 0000 0000 0000 0000 00X X XXXX 0000 XXXX 0)0( XXO OXX XXXX XXX XXXX. XXX 0 0 XXXX X,X00 X - Optimum Time 0 - Less than Optimum Time Undiluted white latex paint is recommended, repaint as necessary until trees reach 4' caliper. Sheet 2 of 4 TA 2b. CALENDAR F LANDSCAPE MAINTENANCE ACTIVITY July PriJririq feed Control: Remulch HeTt.,icide XXX_X August September 'October November See Table 1a for Best Time for Specific Species. Planting beds must be kept in a weed free condition. l I XX_XX XXXX 1 . XXXX 00 Must he applied by a licensed Pesticide Applictator, Turf XXXX Shrubs, TreesXXX December Insect & Disease Time of control depends on the type of insect or disease and when it is detected. Sunscald Protection Watering Maintain Rodent Protection Turf Maintenance Mowing Mower Damage Apply or maintain paint. Install wrap'. During first and second growing seasons approximately once a week or as needed. 0000 0000 XXXX Prevention XXXX XXXX Replanting Evergreen Trees OX Deciduous Trees Container Rants 0000 000X Turf 0000 OOXX X_XXX XXXX XXXX KX_XO XXX 0 XXXX x0 XXXX X000 0000 XX 00 XX00 OXXX X0 00 - Optimum Time 0 - Less than Optimum Time Undiluted white latex paint is recommended, repaint as necessary until trees reach 4" caliper. Sheet 3 of 4 TABLE 3. DESCRIPTIONS OF TYPES OF PRUNING -TYPES OF PRUNING Disease Rerrioval Deadwood Removal Trinir WHEN TO PRUNE DESCRIPTION After Diagnosis Removal of fungal bacterial growths. Sterilize pruners between cuts. See Table 1 Removal of dead branches, normally from the interior portion of the crown. See Table 1 Corrective See Table 1 See Table 1 Maintaining the central leaders and acceptable symmetry in evergreen, shade arid ornamental trees, Re.rricval of suckers and water sprouts. Removal of storm -damaged, vehicle -damaged or vandalized limbs. Rernoving all top growth at or near the ground line and remulch. Or removal of 1/3 of the oldest stems at the ground line. TABLE 4. WEED CONTROL METHODS - INTEGRATED APPROACH CATEGORY. METHOD TREES SHRUB BEDS Replanting - Filling Voids Fertilization X X Remulch' X Herbicides X X Weed Whip No TURF X X X Wood chip mulch should be replenished around shade trees and low growing shrubs every 3-5 years. Place mulch to a 4" depth. Mulching will help control weeds, reduce:mower damage and conserve moisture. TABLE 5. FERTILIZATION SCHEDULE CATEGORY FREQUENCY TIME OF APPLICATION Mowed Turf Every 3 Years April or October 23-0-30 Shrub BedsEvery 3 Years October or April 23-0-30 Shade Trees* Every 3 Years October or April 23-0-30 Note: De not fertilize trees and turf during the same season. Offset tree fertilization to prevent fertilizer bum on turf, Plants that fix nitrogen, like Silver Buffaioberry, Caragana, Honeylocust, Russian Olive or other legumes, should not be fertilized except under special conditions. Tail shrubs do not need to be fertilized if leaf color remains normal, ANALYSIS "*_ Analysis will be allowed within the following ranges: N (16-24) — P (0) — K (20-30). 1 Ib (N)/1000 sq. ft._ 1 lb (N)/1000 sq. ft. „....„,„ .5 lbs/1 Cu. Yd. of soil by one season in order Sheet 4 of 4 City Council Date: 8,5,08 CONSENT )texm� 5 [TEM� Schedule gnappeal hearing for August 19onazoning code violation for 6761 Keats Avenue REQUESTED BYi Joan and Steve Ziertmon.5761 Keats Avenue SUBMITTED BY: Jerry FiUa, City Attorney SUMMARY AND ACTION REQUESTED: The city council, acting eothe board ofappeals and ad]ustment, is being asked to schedule a hearing for a zoning code violation to allow property owners Joan and Steve Ziertman toappeal zoning code violation ontheir property. The Zierbnana filed complaint with the city attorney asking for this appeal within the time frame required for this appeal tobeheard before the board ofappeals and adjustments. The proposed date for the hearing inAugust 1A.2OO8ato[after 7�3OPMonthe agenda. The Ziartmonsare available for this date. The hearing is not public hearing. There is notification process in the city code that will befollowed aasoon awthe hearing isscheduled. Acting outhe board of appeals and adjustment movph:onheduleanapuea/hmgrihgonaznn/ng code violation on 5761 Keats Avenue for August 19, 2008 an or after 7:30 PM to allow the property owners, Steve and Joan Ziertman, to appeal the determination of the zoning code violation untheir property, ATTACHMENTS: 1 Section 3 110 of the city code 14 Lake Elmo - Administration § 31.10 COUNCIL TO ACT AS BOARD OF ADJUSTMENT AND APPEALS. (A) Establishment of Board of Adjustment and Appeals. The Council is established as the Board of Adjustment and Appeals. The Board of Adjustment and Appeals shall have the following powers with respect to this section: (1) The exclusive power to hear and decide appeals where it is alleged that there is an error in any decision, order, requirement, or determination made by an administrative officer in the enforcement of the zoning code; and (2) The appeal shall be filed within 5 business days from the date that the decision, order, requirement, or determination is made and shall state: is taken; (a) The particular decision, order, requirement, or determination from which the appeal (b) The name and address of the appellant; (c) The grounds for the appeal; and (d) The relief requested by the appellant. (B) Effect of appeal. An appeal stays all proceedings in furtherance of the action appealed from unless the Board of Adjustment and Appeals, to whom the appeal is taken, certifies that by reason of the facts stated in the certificate a stay would cause imminent peril to life or property. (C) Authority of the Board of Adjustment and Appeals. The Board of Adjustment and Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and to that extent shall have all the powers of the officer from whom the appeal was taken, and may direct the issuance of a permit. (D) Hearing procedures. (1) The Zoning Administrator shall, upon the filing of a notice of appeal, refer the matter to the Board of Adjustment and Appeals and establish a time for the hearing of the matter by the Board. (2) The Zoning Administrator shall notify the appellant or applicant, the Chairperson of the Planning Commission, the Building Official, the abutting property owners, and in the case of an appeal the officer from whom the appeal is taken, of the time and place of the hearing. The notice shall be in writing and shall be served on the person by mail, provided the notice shall be mailed at least 10 days preceding the date of the hearing. 2008 S-2 City Officials 15 (E) Record of findings. (1) The Board of Adjustment and Appeals shall make written findings in any case of an appeal and shall state in the findings the reasons for its decision. The order issued by the Board of Adjustment and Appeals shall include the legal description of the land involved. Any order shall be filed with the Zoning Administrator who shall immediately mail a copy of the order, bearing the notation of the filing date, to the appellant or applicant. (2) A certified copy of any order issued by the Board of Adjustment and Appeals acting upon any appeal from a decision, order, requirement, or determination of an administrative officer, may be filed with the County Recorder or Registrar of Titles for recording. The filing may be made by the Zoning Administrator as soon as is reasonably possible after the filing of the order with the Zoning Administrator. (F) Decision; appeals. All decisions of the Board of Adjustment and Appeals acting upon an appeal from an order, requirement, decision, or determination by an administrative officer or upon an application for a variance shall be final, except that any aggrieved person may have any decision or order of the Board reviewed for an appropriate remedy in district court as provided by law. (Ord. 97-94, passed 11-7-2001) § 31.11 TERMS OF OFFICE. (A) Council Members. Two Council Members shall be elected for 4-year terms at each biannual election. (B) Mayor. The Mayor shall be elected for a 4-year term commencing with the regular municipal elections to be held in 2008. The first 4-year mayoral term shall commence on January 1, 2009. (Ord. 97-194, passed 6-19-2007) CITY ADMINISTRATOR § 31.25 APPOINTMENT. (A) The office and position of City Administrator is continued within the city. (B) The City Administrator shall be appointed by the Council and shall serve for an indefinite term. The City Administrator shall be chosen on the basis of executive and administrative qualifications, and shall have experience and knowledge in the area of government or business administration. (1997 Code, § 200.02) 2008 S-2 City Council Data: 8.5.08 REGULAR Item: 8 INFORMATION |TEW Update from the South Washington Watershed District REQUESTED BY: W1ed Moore' Director, Southwest Washington Watershed District SUBMITTED BY: Susan Hoyt, City Administrator SUMMARY AND ACTION REQUESTED: The city council iabeing asked to receive an update from representatives of the Southwest Washington Watershed District, It will be e brief verbal presentation on the activities of the watershed, ORDER OFBUSINESS: Introduction Report Susan Hoyt, City Administrator Matt Moore, Director, SW Washington Watershed District Questions from the council tnthe Presenter Mayor and Council members Questions/comments from the public to the council, if any Mayor facilitates Thank you to the presenters Mayor and Council members ATTACHMENTS: 1 Map ofwatershed districts that cover Lake Elmo .. ... ..... . . .......... :• • ....... „... ..... . ..... ..... . ....... .... . ...... :'": ...„ ..... ... „ .... . „.. ........... . : ... ... ..... :,..; ... . .......... ..... ... • .. . .. .... • . . . t ..... ..... ...:..:. ... ... .............................. 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' .................... : ....... ::::::::::::::::,:-:-::::::::::.... ,.. ......... ................. .... ......-. ..... :-.-.::: . ::':::: . :::.:::..:::,:,:,::-..:-..:::::.;:..,::. ' ....... .-:-.."-•,,,•:.:-,0-K.,:...-:,.:..7. ... ',,• ..,.,:.,:;::!,.....,„ .. ,7::::,:s:,:i,ii .j., . iF,i;,:j::.F.,:.::::: ----Brown's Creek , ....... _. ... :: ................ . . , .. ::, .... .. ....... : :::::::::',...: ........ :,..::::::::: ........ : , 1.,,, ...... 1.• • ..... ........ ,....r. ............. . ......... ... .......... . ..... .... .... ..... ............ . .. .. ' ......... a, ...... 1.. ......... "::: South Washington Watershe . 1:: .... ...... Watershed ..... 1.,.. ..... .... .... ..... ..... ........ , .......... , ...... ...„. .. ... : .. . . . : . . ..... .. ....... . ... . . . . . . .... . . ..... „.... ..... . .... ..... ....... .. .. :„.., ....... ....... .............. . '"' . ........ . ... ....... ... ....... . .. . .. • ....... .. . . .... ........ , ..... . ...... .... . ................. ....... • ...... - .......... , ... ..... .......................... .. .... .... ... ..... .. . .... ..... ..... . ...... ....... . ... „..., ..... ... What is a Watershed District? A Watershed District is a special purpose local unit of government. It is established for the purpose of managing water resources. It is different from all other local government units in that its boundary is determined by the natural divide that defines the drainage basin of a river, stream, or a lake, rather, than the political boundaries of townships or counties. There is no maximum or minimum size set for watershed districts. By law, districts have been established for relatively small watersheds, as well as very Iarge ones, such as the Red Lake Watershed District, which encompasses more than 6000 square miles. The Watershed Act allows districts to act on a broad range of water problems. Some of these include drainage and flood control, lake management, soil erosion and sedimentation, water quality, groundwater management, water supply, and floodplain management. What are the responsibilities of Watershed District Authorities? The Watershed Act provides districts with authorities needed to manage water resources. Some of their responsibilities are as follows: • To develop the Watershed Management Plan • To investigate and undertake water management improvement projects • To act as grant -eligible body for the application for and administration of state and federal grants To adopt rules to regulate activities that can cause water -related problems To acquire property needed for improvement projects • To assess properties benefitted by improvement projects • To exercise limited authority to levy taxes to finance district operation Who governs a Watershed District? Watershed Districts are governed by a local board of managers. When a district is first established, the initial board of managers is appointed by the Board of Water and Soil Resources from a list of manager nominees submitted along with the establishment petition. District managers cannot be county, state, or federal officials and they must reside within the district. The first board of managers serves for only one year, thereafter it becomes the responsibility of the county boards of commissioners that have territory in the district to appoint the managers. The establishment petition can request from three to nine managers for a district, and the number of managers that each county is authorized to appoint is determined by the Board of Water and Soil Resources when it establishes the district. There is no set formula for distributing the appointments among counties, but the primary consideration is generally the area of land within each county. Where are Watershed Districts established? Districts can be established anywhere in the state. There are currently 42 watershed districts in the state of Minnesota; the largest concentration is in the Red River Basin, in northwestern Minnesota. The Board of Water and Soil Resources has no power to establish a district unless it receives a petition from the local level. In addition, B.W.S.R. has never gone around promoting districts. An establishment petition can be validated in four different ways. It can be signed by at least half of the counties having land within the proposed district. It can be validated by a county or aunties having at least half of the area of the proposed district, the majority of cities within the proposed district, or by at least 50 landowners within the proposed district. Most establishment petitions have been submitted by counties, rather than cities or landowners. When a petition is filed, B.W.S.R. is required to conduct a public hearing within the area of the proposed district to receive comments on the proposed district. In orderto establish a district, B.W.S.R. must find that the proposed district would serve the purposes of the Watershed Act. Watershed Districts and the Watershed Management Pian The first responsibility of a new district is to prepare a watershed management plan. A watershed management plan must be written before the district can carry out any projects. This plan must describe existing and potential water problems in the district, describe possible solutions, and define the general objectives of the board of managers. The board of manaaers is required to appoint a local advisory committee to assist it in putting together the watershed management plan. The Board of Water and Soil Resources is required to conduct a public hearing on the watershed management plan before it can be put into effect. How do State and Federal laws and regulations apply to Watershed Districts? Watershed Districts are not exempt from other state and federal laws and regulations. It is important to realize that although the Watershed Act provides the district with a number of authorities to deal with local water m auP the districts' actions must be consistent with other applicable laws and rules. For example, if a district is going_ to carry out a lake level control project, the di t w LIM need to obtain a permitperrnit from the Minnesota Department of Natural Resources to install a lake level control structure, the same as any other local unit of government or individual, There are common misconceptions about this. What are the advantages of havinu a Watershed District? A Watershed District provides a stable mechanism for dealing i h water management problems that cross the boundaries of several local governmental jurisdictions. In many instances, the attitudes and approaches taken by local officials vary considerably depending upon their geographic position in the watershed. In many cases, upstream areas are reluctant to admit that their activities are contributing to problems downstream, or else they are reluctant to voluntarily join in efforts to downstream parties to solve water problems. The watershed district approach has been used in many instances to provide a mechanism for overcoming such upstream - downstream controversies. Secondly, it provides a local organization that can concentrate its efforts solely on water management. Officials of general purpose local units of government have many other responsibilities to deal with, and therefore, water management often takes a back seat to other local conc Water management is also a controversial subject because it necessitates dealing with people's property and how that property is used. It is often difficult for local officials to find support in their own areas for water management activities, when the primary benefits are going to occur in a different are It is easier for a watershed district board of managers to have a watershed -wide perspective of the problems and solutions, and to devote more of their time to water management efforts. Finally, the Watershed Act itself is designed specifically as a tool for managing water, and contains procedures and authorities that can facilitate solutions to water problems. For example, once a district's Watershed VIanagement Plan is in place, landowners can petition the board of managers for any type of project that conforms to the plan. This flexibility makes it possible for a district to become involved in just about any type of project that may be needed to alleviate a local water problem. It is important to remember that watershed districts are not the sole managers of water resources. Counties also have many authorities relating to water management and certainly are capable of doing what a watershed district can if they are motivated and have the necessary support with adjoining counties. si\watershe.wpd B.W.S.R. City Council Date: W`5'08 Regular Resolution No. 2008'037 Item: J-7 ITEM: Consider petition from David and Mary Brown tovacate a portion of an unimproved nQht-of+woy(Lake Shore Drive) REQUESTED BY: David and Mary Brown, Applicant SUBMITTED BY: Kyle K|a#. Director ofPlanning /{u_ `Z REV|EVVED BY: Susan Hoyt, City Administrator Ryan Stmnnpnki.City Engineer SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a request to vacate a portion of the unimproved Lake Shore Drive right-of-way that is completely surrounded by land owned by David and Mary Brown whose home is located at 7990 50t� Street North. The applicants have requested the vacation in order to allow them to combine their existing parcels in this area into one lot. Staff is recommending approval of the request, with the following comments: • The vacation would not create any additional buildable lots beyond the Browns'existing home site, ~ The applicants are willing to grant the City an easement of comparable width along Hill Trail North tuprovide improved access along this existing road. ° There are existing private uhUUeo /n the pubic hght-of-waythat would be very difficult hr move. The applicants have agreed bzprovide utility easements over the vacated land that would allow the utility companies to maintain their current rights. • The hght-of+*ayvacation would not have any affect Vnthe surrounding property owners, and in particular, there will be no change to existing access along improved public roads. The right-of-way to be vacated is located near the intersection of 501h Street North and Hill Trail North and immediately north ofLake Olson. Atsome point |nthe past, the primary access into the Lane's DeMontreville Country Club subdivision was moved to its present location along Hill Trail North (on property not previously dedicated for public use), and connected up with the former Lake Shore Drive alignment further north of the applicant's property. The proposed vacation would leave snna|) portion of Lake Shore Drive in tact between 7931 and 7920 H//| Trail North. Staff has made the following findings with regards tVthis request and karecommending approval for these reasons: 1. The current hght-of-=aydoes not serve any public purpose for providing access hzthe surrounding neighborhood. The wetland on the property is not included on the Minnesota Department ofNatural Resources Public Waters Inventory. Should the public ever need access this wetland, a much closer access point would still be available to the north along 2. There isapublic benefit associated with the vacation with the creation ofan easement over and adjacent VJHill Trail North. This easement will provide additional ht-of+*ayonthe eastern half ofthe existing road that will provide some additional flexibility for the City inthe future when working Vnand around this road. This hght-of- wayeasementwou/dnotbeobtainedvvithoutadd|t|Vna|costhotheCityunde[[dhar circumstances. ADDITlONAL INFORMATION The City Engineer and Public Works Department have reviewed the applicants' request and found that the vacation ofthis hRht-of+woywould be inthe public's interest provided the easement for additional right-of+way|sgranted hJthe City along Hill Trail North. Please note that based on the wording of the conditions below, the City will not execute the vacation approval (by sending the appropriate paper work to the County) until these conditions granting additional easements are met. RECOMMENDATION: Approval is recommended as follows because the request tVvacate a portion of the Lake Shore Drive Tight -of -way adjacent to property owned by David and Mary Brown would be in the public's 1. M|arecommended that the City Council approve the hg vacation request based on the Staff findings documented above and with the following conditions: o\ Prior to the City presenting a notice of completion to the Washington County Auditor's office related to the vacation request, the petitioners shall provide the City with a40-foCd wide easement granting public use of this property that runs parallel to the eastern property line of their property identified as Property Identification Number 05-029-21-44- 0043. b) Prior to the C4 presenting a notice of completion to the Washington County Auditor's office related to the vacation request, an easement will be retained for any private utility company with utilities located within the right-of+maytobevacated, SUGGESTED MOTION FOR CONSIDERATION: Motion: Motion to approve Resolution No. 2008-037vacating eportion of Lake Shore Drive upon the petition of a majority of abutting landowners. ORDER OFBUSINESS: introduction ........ .......... ---.......... ---........ --..OunanHoyt, City Administrator Report bystaff ...... —.......... --.... —... ....................... ... Kyle Klatt,Planning Director Questions from the Council —......... ....... ---------Mayor & Council Members <] from the applicant. ... —...... --...... ........... Mayor facilitates Open the pubic hearing Mayor facilitates Close the public hearing Call for a Motion (required for further discussion; does not imply approval of the motion ....... —.......... ....... --........... ---..K8oyorfacilitates Discussion ....... ............... ...... ...... ---...... ---........... ........... KXayo/facilitates Action onmotion ................... ... --.... ............. .......... --........ .............. Council ATTACHMENTS: 1. Resolution No. 2DO8-007 2. Detailed Staff Report 3. Land Use Application Form 4. Detailed Description ofRequest 5, Map VfRight-of-xvayhubeVacated O. Aerial Image Depicting RiAht'of'xvoytobeVacated 7, Aerial Image oYProposed Easement Area 8. Public Hearing Notice CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2008-37 A RESOLUTION VACATING A PORTION OF LAKE SHORE DRIVE UPON PETITION OF A MAJORITY OF THE ABUTTING LAND OWNERS THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, a petition signed by the majority of property owners abutting a certain portion of Lake Shore Drive in the City of Lake Elmo was received by the City Clerk on the 10th day of March, 2008; and WHEREAS, the petition requested that the City Council pursuant to Minnesota Statute §412.851 vacate a portion of an unimproved portion of Lake Shore Drive between 50th Street North and the previously vacated Bennett Avenue, described as follows: the unimproved portion of Lake Shore Drive located between 50th Street North extending 220 feet to the north. WHEREAS, the City Clerk reviewed and examined the signatures on said petition and determined that such signatures constituted a majority of the landowners abutting upon the portion of Lake Shore Drive to be vacated; and WHEREAS, a public hearing to consider the vacation of such street was held on the 5th day of August 2008 before the City Council in the Lake Elmo City Hall located at 3800 Laverne Avenue North at 7:00 p.m. or shortly thereafter after due published and posted notice had been given, as well as personal mailed notice to all affected property owners by the City Clerk on the 24" day ofJuly, 2008 and all interested and affected persons were given an opportunity to voice their concerns and be heard; and WHEREAS, any person, corporation or public body owning or controlling easements contained upon the property vacated, reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace or otherwise attend thereto; and WHEREAS, the Council in its discretion has determined that the vacation will benefit the public interest because: I) The current right-of-way does not serve any public purpose for providing access to the surrounding neighborhood. The wetland on the property is not included on the Minnesota Department of Natural Resources Public Waters Inventory. Should the public ever need access this wetland, a much closer access point would still be available to the north along Hill Trail North. 2) There is a public benefit associated with the vacation with the creation of an off -setting easement over and adjacent to Hill Trail North. This easement will provide additional right-of-way on the eastern half of the existing road that will provide some additional flexibility for the City in the future when working on and around this road. This right-of- way easement would not be obtained without additional cost to the City under other circumstances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such petition for vacation is hereby granted and the portion of Lake Shore Drive described as follows is hereby vacated: the unimproved portion of Lake Shore Drive located between 50th Street North extending 220 feet to the north. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign all documents necessary to effectuate the intent of this resolution subject to the following: 1) Prior to the City presenting a notice of completion to the Washington County Auditor's office related to the vacation request, the petitioners shall provide the City with a 40-foot wide easement granting public use of this property that runs parallel to the eastern property line of their property identified as Property Identification Number 05-029-21- 44-0043. 2) Prior to the City presenting a notice of completion to the Washington County Auditor's office related to the vacation request, an easement will be retained for any private utility company with utilities located within the right-of-way to be vacated. Adopted by the Council this 5th day of August 2008, Effective Date: AYES NAYS Dean A. Johnston, Mayor Elizabeth Johnson, Council Nicole Park, Council Steve DeLapp, Council Anne Smith, Council Approved: Dean A, Johnston, Mayor Attested by: Susan Hoyt, City Administrator City of Lake Elmo Planning Department Street Right -of -Way Vacation Review To: City Council From: Kyle Klatt, Planning Director Meeting Date: 8/5/08 Applicant: David and Mary Brown Owner: David and Mary Brown Location: 7990 50th Street North Zoning: R1 — Single Family Residential Introductory Information Request David and Mary Brown, 7990 50th Street North, are requesting that the City vacate a portion of the unimproved Lake Shore Drive right-of-way that presently divides property they own near the intersection of Hill Trail North and 50th Street North. The applicants own four separate parcels, including the lot on which their house is located, and the vacation request would allow them to combine all of their parcels into one contiguous lot. The vacation request is for a 220-foot segment of Lake Shore Drive that runs between 50' Street North and the northern limits of the applicants surrounding property. No other property owner in the vicinity has participated in the petition that was submitted. The request has been made to facilitate the combination of all of the applicants' property into one parcel of land, which cannot be accomplished with the right-of-way separating the individual lots. Site Data: Property Identification No, Area Use 05-029-21-44-0014 0.46 Acres Accessory Building 05-029-21-44-0015 0.61 Acres Residential Dwelling 05-029-21-44-0017 0.55 Acres Vacant/Wetland 05-029-21-44-0043 0.38 Acres Vacant/Road All of the applicants' property is zoned R-1 Single Family Residential, which specifies a minimum lot size of 1.5 acres for lots without sanitary sewer service. The total area owned by the applicants is very close to 2 acres. There is a single family home located on the eastern -most of the Browns' parcels, in addition to a small accessory building on the adjacent lot. ir7 .4 al fi;.1;ii Right-of-way Vacation Review Background The right-of-way that would be vacated is identified as Lake Shore Drive on the Inforniation: Lane's DeMontreville Country Club Plat. This road was never improved by the City, and access into this area is now provided through Hill Trail North, the access for which is located approximately 100 feet to the east. Since this portion of Hill Trail North was never platted, the City's rights to this road are through a prescriptive easement until it connects back up with the old Lake Shore Drive right-of-way north of the applicants' property (which has been renamed). The applicants own three parcels that surround the right-of-way under consideration, and should the Council elect to approve the vacation request, each of these parcels would be expanded with the addition of half of this right-of-way. The total area owned by the Browns would be increased from 2 acres up to 2.2 acres with the addition of the 40 by 220 foot right-of-way. As noted above, the one of the parcels is occupied by the Brown's home and another serves as the location of an accessory building. There is a wetland on the property, which likely was the main reason for the road being moved to a location other than the platted right-of-way in the first place. There are some private utilities presently located on the land to be vacated (Xcel Energy and Qwest Communications). At a minimum, the applicants will need to grant an easement to the utility companies as condition of the vacation. There are no other properties that lie adjacent to the part of Lake Shore Drive that would be vacated; therefore, the request would not have a direct impact on any of the other properties in this neighborhood. A small segment of Lake Shore Drive immediately north of the Browns' land would remain as a platted right-of-way and would not be impacted under the present request. Please note that a road parallel to 50" Street North (called Bennett Avenue) that would have extended to DeMontreville Trail North has previously been vacated in this area. The applicants have agreed to provide the City with an easement over the western edge of their property along Hill Trail North at the same width as the current right-of- way that would be vacated. Such an easement would give the City additional access along the prescriptive easement over Hill Trail North and would help provide some additional room for any future reconstructive or public utility work in this area. Review Comments: Planning The requirements under State Statutes for street vacations state that a majority of the Issues: abutting property owners must sign a petition in order to initiate vacation proceedings. In this case, the City is being asked to consider a partial vacation of property completely surrounded by land owned by one party. Another requirement for considering a vacation request includes a public hearing notice to affected property owners and in the legal paper for the City, which has been completed for the current 1.4.11,0 J1) iv 5-(1: dot: ion: Torn' .'.• Engineer Comments: request. State Statutes also provide guidance for when a City may vacate a street. The League of Minnesota Cities offer guidance in this area and specifically notes the following: Minnesota statutes establish that the city council may vacate a street only upon a finding that the vacation is "in the interest of the public." This means the public 11721Si benefit, in some manner, from the vacation. The public includes persons other than those in the immediate vicinity of the vacation. A private benefit derived from the vacation does not bar the vacation, so long as a concurrent benefit to the public can be substantiated. Mere long-term, non-use ° a street ground does not necessarily equate with a finding that the vacation is in the interest of the public. In reviewing vacations, Minnesota courts have emphasized that the figure benefit to maintaining the dedicated property should he given consideration, For example, the Minnesota Suprerne Court once overturned a vacation because the potential fUture use of the public grounds as public lake access was not properly taken into account. In another example, the Court upheld a denial of a petition for a vacation, because preservation of the underutilized property would help lessen the effects of future population growth in the area. Should the City agree to grant the vacation request, the additional area gained by the applicants will not be enough to create another buildable lot in this area. The minimum lot size is 1.5 acres in the R-1 district, and no additional subdivision of land would be allowed based on the net area of 2.0 acres (2.2 with the vacated right-of- way) owned by the Browns. The parcels that would be combined are not considered buildable under the City's Zoning and Subdivision regulations. Staff is recommending that the City Council approve the request for vacation for two primary reasons: 1) The current right-of-way does not serve any public purpose for providing access to the surrounding neighborhood. The wetland on the property is not included on the DNR's Public Waters Inventory. Should the public ever need access this wetland, a much closer access point would still be available to the north along Hill Trail North. 2) There is a public benefit associated with the vacation with the creation of an off -setting easement over and adjacent to Hill Trail North. This easement will provide additional right-of-way on the eastern half of the existing road that will provide some additional flexibility for the City in the future when working on and around this road. This right-of-way easement would not be obtained without additional cost to the City under other circumstances. The City Engineer and Public Works Department have not expressed any significant concerns with the proposed vacation, and support the Staff findings that note the additional easement area along Hill Trail North would be of greater benefit to the City than the retention of the old Lake Shore Drive right-of-way. Access to the wetland as a drainage basin was one issue that was raised by the City Engineer; however, should :Circe) 1)rice re: 3 or,,v 1,1i1ion DNR/VBWD Comments: the City ever need to gain access to this water feature the new easement area and remaining right-of-way will keep such access available. Staff has not received any specific comments from the DNR prior to the public hearing. It has previously been determined that special notice to the DNR is not required in this instance since the right-of-way to be vacated does not connect directly to or abut a public water body. Valley Branch Watershed District has asked that all land on the property under the 100-year flood elevation be placed into a drainage easement. The district engineer has been on vacation for the past week, so Staff has not had the ability to respond to this specific request. At this time, it does not appear that there is a direct link between the right-of-way vacation and a request for drainage easements on the property. These easements would occupy the majority of the Brown's property based on the updated FMEA Flood Maps for the City. Staff will be seeking clarification from the Watershed District before the Council meeting on this issue. Conclusion: Staff is recommending that the City Council approve the right-of-way vacation request based on the findings cited above and with conditions to address the need for a private utility easement to remain across the vacated property and the applicant's' willingness to grant a new easement to the City adjacent to Hill Trail North: Conclusion: The applicant is seeking approval of a Minor Subdivision to allow the creation of four lots from an existing 10-acre parcel located at 2038 Inwood Avenue (Lot 15, Block 1 of Torre Pines Addition). Council The City Council may consider the following options or taking action on this request: Options: A) Approve the vacation based on the findings drafted by Staff or other additional information that is presented at the public hearing; B) Deny the request based on findings that the vacation would not be in the public interest. Because the petition was submitted by a majority of the abutting land owners (only one in this case) a simple majority of a quorum of Council members present is sufficient to pass a favorable resolution. Stuff Rec: Staff recommends approval of the right-of-way vacation request based on the following: 1) The current right-of-way does not serve any public purpose for providing access to the surrounding neighborhood. The wetland on the property is not included on the DNR's Public Waters Inventory. Should the public ever need access this wetland, a much closer access point would still be available to the 1.(fiU:1 11 11 1+;Cp1 ifi"Okt'il 11,.(2 :`,7“:Ce 1)!"1V, HarmipgR' l• north along Hill Trail North, 2) There is a public benefit associated with the vacation with the creation of an off -setting easement over and adjacent to Hill Trail North. This easement will provide additional right-of-way on the eastern half of the existing road that will provide some additional flexibility for the City in the future when working on and around this road. This right-of-way easement would not be obtained without additional cost to the City under other circumstances. Provided the following conditions are met 1) Prior to the City presenting a notice of completion to the Washington County Auditor's office related to the vacation request, the petitioners shall provide the City with a 40-foot wide easement granting public use of this property that runs parallel to the eastern property line of their property identified as Property identification Number 05-029-21-44-0043. 2) Prior to the City presenting a notice of completion to the Washington County Auditor's office related to the vacation request, an easement will be retained for any private utility company with utilities located within the right-of-way to be vacated. Approval To approve the request, the City Council is asked to use the following motion as a Motion guide: Template: move to recommend approval of the petition from David and Mary Brown to vacate a portion of the unimproved Lake Shore Drive right-of-way... use staff's findings provided above or cite your own) ...with the following conditions: 1) Prior to the City presenting a notice of completion to the Washington County Auditor's office related to the vacation request, the petitioners shall provide the City with a 40-foot wide easement granting public use of this property that runs parallel to the eastern property line of their property identified as Property Identification Number 05-029-21-44-0043. 2) Prior to the City presenting a notice of completion to the Washington County Auditor's office related to the vacation request, an easement will be retained for any private utility company with utilities located within the right-of-way to be vacated. cc: David and Mary Brown, 7990 50th Street North '.1.010 I 5 if,,,:."?17017'1?(.7?(-1,‘ Llike City of Lake Elmo DEVELOPMENT APPLICATION FORM E Comprehensive Plan Amendment E Zoning District Amendment Text Amendment Flood Plain C.U.P. Conditional Use Permit I ; Variance * (See below) El Minor Subdivision Lot Line Adjustment 0 Residential Subdivision Sketch/Concept Plan Conditional Use Permit (C.U,13.) _ j Site & Building Plan Review APPLICANT: /1:--4(.17/3 4., 4- D /11 C 7 (Name) (Mailing Address) TELEPHONES: C; 7 C' 6 (Home) (Work) (Mobile) (Fax) FEE OWNER: TELEPHONES: (Name) (Mailing Address) (Home) (Work) (Mobile) (Fax) Fee $ 7 Residential Subdivision Preliminary/Final Plat 1410, ,Tha O 01 — 10 Lots O 11 — 20 Lots 44/a O 21 Lots or More El Excavating & Grading Permit E Appeal i PUD jiJ ?c 7„4,7 4./0 67 mj (Zip) ------ cti (Zip) PROPERTY LOCATION (Address and Complete (Long) Legal Description): 5 tel: /9 'IT C (2 DETAILED REASON FOR REQUEST: *VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the Applicant must demonstrate a hardship before a variance can be granted. The hardship related to this application is as follows: , In signing this application, 1 hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. 1 further acknowledge the fee explanation as outlined in the application procedures and hereby aree to pay all statements received from the City pertainina to additional application expense. ' ) „ 7 Signature et Applicant Date Signature Appli Date I /22/2004 City of Lake Elmo • 3800 Laverne Avenue North • Lake Elmo • 55042 • 651-777-5510 • Fax 651-777-9615 ATTACHMENT FOR ROAD VACATION REQUEST PROPERTY LOCATION: The property is located to the east of 7990 50th St. N. The property is located in part of the SE1/4, Sec. 5, T29N, R21W located in the City of Lake Elmo, Washington county, Minnesota. It is shown on our plat map as a portion of Lake Shore Drive. The following description Is all located in Lanes Demontreville Country Club. The property is bordered on the east by lots 22, 77 and 20 feet of vacated Bennett Avenue on the North end a total of 220 feet. The north side is bordered by 40 feet of vacated Bennett Avenue. The west side is bordered by lots 21, 78 and 20 feet of vacated Bennett Ave a total of 220 feet. The south side is bordered by 40 feet of 50th St. N. See attached certificate of survey dated 6-17-03 The survey was produced when we bought the property adjacent to the east side of Hill Trail North starting at 506' St, N. and extending to the north for 220 feet, We are the owners of the properties on both sides of platted as Lake Shore Drive that starts at 50th St. N. and that extends north 220 feet. DETAILED REASON FOR REQUEST: We own four pieces of pmperty that totally surround the portion of platted Lake Shore Drive that we wish vacated. One of which is 150 feet located on the south side of 50th St. N. We wish to combine the three pieces on the north side of 50th St. N. According to Washington county personnel, this can not be done as long as Lake Shore Drive remains on the plat map and is not actually owned by us. The vacating of this right-of-way will in no way infringe on public interest. Hill Trail North serves the purpose of the platted Lake Shore Drive. The vacation request will in no way affect other people in the surrounding area. Other area residence are serviced by the existing Hill Trail. Hill Trail is an existing road that has been in place for many years although it is technically not owned by the City of Lake Elmo according to the plat map. This may be an issue that could be possibly addressed with this vacating request. We would certainly work with the City in a positive manner to assist in this issue if asked to do so. We have talked to the two neighbors and neither seem to have any concerns with our request. We have no foreseeable intentions of changing anything as they now exist on the property. One other area of concern is the fact that there is electrical and telephone service that exists along the platted Lake Shore Drive. We would certainly grant an easement to continue servicing these utilities. Over the last few years we have cleared this area of fallen trees and underbrush (Buckthorn) which made service to these utilities available. In fact about two years ago Quest was in and repaired the damage to the power line caused by many years of falling trees. .5 7,0c 20 G. Brown firth ,ota 55042 iiNF)S 0 s ro /feu o s 7-6 E ( 0 116 117 118 20 •, 20 06.13 Z 28 la 11 I 1_11 Ul kJ Part Of The SE1/4, Sec. 5 T City Of Lake E m Washington County, ME . • \ / )-----.4, ',.. --e: COLIN IP 8 122 `") 123 4 125 726 127 8 128 '8 129 e 200.00 89!2.2' LAKE OLSON Brown Property 7990 50th Street North Parcel Boundaries LAKE F 1 MI 0 4r3 y 631/777-5510 3800 Laverne Avenue North / Lake Elmo, MN 55042 PUBLIC HEARING NOTICE DATE: August 5, 2008 TIME: 7:00 p.m. or after PLACE: Lake Elmo City Hall 3800 Laverne Avenue North Lake Elmo, MN 55042 Phone: 651-777-5510 Fax: 651-777-9615 PURPOSE: The Lake Elmo City Council will be conducting a public hearing to consider a petition from David and Mary Brown, 7990 50th Street North, to vacate a portion of the Lake Shore Drive right-of-way that is completely surrounded by land owned by the petitioners. The vacation has been sought to allow the consolidation of three existing lots into one tax parcel. This right-of-way has not been improved by the City, and access to all surrounding property is provided through either Hill Trail North or 50th Street North. The proposed vacation would not affect ownership or easements that presently exist on any surrounding property. The proposed vacation would also not interfere with the current access to properties further east on Hill Trail North since no portion of Lake Shore Drive has been improved by the City of Lake Elmo. The land to be combined is not presently considered a buildable lot under the Lake Elmo Zoning Ordinance and the status of this lot would not change with the proposed vacation. The specific right-of-way that is included with this petition is located 105 feet south of the intersection of Hill Trail North and 50th Street North and extends 220 feet east of 50th Street North. A map of the proposed right-of-way to be vacated is attached to this notice and is also available for viewing at City Hall or by calling the telephone number listed above. As part of this request, the petitioners have agreed to provide an easement to the City of Lake Elmo over the southern portion of Hill Trail North at the same width as the right-of-way to be vacated. This easement would run 228.59 feet to the western boundary of the petitioners' property and would be located entirely on their parcel. Written comments regarding the proposed right-of-way vacation may be submitted to the City no later than noon on the day of the meeting. Materials regarding the above items are available for review at City Hall (Monday — Friday; 8:00 a.m. — 4:30 p.m.). Kyle Klatt Planning Director n re cycle.d papor