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HomeMy WebLinkAboutApril 18, 2006 CCP De mo un Johnston lv r: Dale El CityCouncil � De 3800 Laverne Avenue No. Council members: ^�-+-r 7y�SD A Y Lake Elmo, 1VIl�i 55042 Rita Conlin 1 �l�:r li i , 777-5510 777-9615(fax) Steve DeLapp Liz Johnson April 18, 2006 Anne Smith Please read: Since the City Council does not have time to discuss every point presented, it rnay appear that. decisions are preconceived. However,staff provides background information to the City Council on each agenda item in advance;and decisions are based on this information and experience. In addition,some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed,please fill out a"Request to Appear Before the City Council form; or,if you came late,raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. Agenda City CouncilMeeting Convenes 7:00 PM Pledge of Allegiance 1.Agenda 2. Minutes. March 21 City Council, April 4 City Council, January 10 and February 14 Council Workshop Minutes 3. PUBLIC INOUIRIESIINFORMATIONAL' Public InquiriesAnformational is an opportunity for citizens to bring the Council's attention any items not currently on the agenda. In addressing the A. PUBLIC INQUIRIES: Council,please state your name and address for the record,and a brief summary 1 of the specific Item being addressed to the Council. To allow adequate time for B. PUBLIC INFORMATIONAL: each person wishing to address the Council,we ask that individuals limit their comments to three(3)minutes. Written documents may be distributed to the (t) Lake Elmo Jaycees—Charitable Council prior to the meeting or as bench copies,to allow a more timely I Gambling License:Resolution No.2006-033 presentation. JI 4. CONSENT AGENDA Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar A. Resolution No.2006-034•Approving format. There will be no separate discussion of these items unless a Council member so requests,in which event,the item will be removed from the general Claims order of business and considered separately in its normal sequence on the B. Monthly Operating Report agenda. 5. FINANCE: M.Rafferty/Tom Bouthilet A. Animal Control Contract 6. NEW BUSINESS: 7. MAINTENANCEIPARIUFIRE/BUILDING: A. Update on Building Dept.:Jim McNamara Lake Elmo City Council Agenda April 18,2006 Page 2 8. CITY ENGINEER'S REPORT: Tom Prew A. PUBLIC HEARING: Tablyn Park Neighborhood Street Construction Project, Resolution No.2006-035 B. Resolution No. 2006-036 Approve Plans and Authorize ad for bid for Tablyn Park/Lake Elmo Heights Watermain Project 9. PLANNING,LAND USE&ZONING: C. Dillerud A. Final Plat& Development Agreement- Discover Crossing, Resolution No.2006-037 B. OP Development Stage Plan/Preliminary Plat and CUP-Hidden Meadows, Resolution No.2006-038 C. Zoning Ordinance Text Amendment— Outdoor Social Events:Refer to Planning Commission 10. CITY ATTORNEY'S REPORT: A. Opinion on Drive-Up Facilities--will be handed out at meeting 11. CITY ADMINISTRATOR'S REPORT: A. i 12. CITY COUNCIL REPORTS: AMayor Johnston B. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith 13. Adjourn Council Meeting to a Council Workshop to discuss a workshop with Met Council Reps. 14. CLOSED SESSION:Update on Sessing BOARD OF REVIEW:May 3, 4-6- p.m. Lawsuit Presentation of Village Area Master Plan, CLEAN UP DAY:June 3, 8 a.m. to Noon, April 19,6:30 p.m., Labe Elmo Elementary Washington County Fairgrounds School DRAFT CITY OF LAKE ELMO CITY COUNCIL MEETING MARCH 21, 2006 1. AGENDA 2. MINUTES: March 6, 2006 3. PUBLIC INQUIRIES/INFORMATIONAL: A. PUBLIC INQUIRIES: B. PUBLIC INFORMATIONAL: (1) Ginny Holder-Ramsey/Washington Cable Commission Representative 4. CONSENT AGENDA: A. Resolution No. 2006-026: Approving Claims B. Minutes and Structure � \ C. Monthly Operating Report 5. FINANCE: 0. A. Annual Audit 6. NEW BUSINESS: " 7. MAINTENANCE/PARK/FIRE/BUILDING: : A. A. Update on Building Dept.: Jim McNamara B. New Recruits: Matt Mazzara a �I ..stine Soh son to be placed on probation. Rick Myran to be moved from obatitxi to firefhter status. 8. CITY ENGINEER'S REPORT: A. Water System Interco� nt'phase I'` : ward contract to Ellingson Drainage �< Resolution No. 200 U�7 B. Receive FeasibilitkReport fp O0erlay- Tablyn Park Neighborhood: Resolution 2006-0 . . :. 9. PLANNING, LAND V, E & ZONING A. Requesto Recsderatox>: Haire Variance (8160 Hill Trail) B. Septi9 'stems Setback Variance and Request of Waiver of Fees: 7949 Hill Trail (S harrer)Resolution 2006-028—NOT ADOPTED C. Zoning Urtitnance i City Code Amendments: Home Occupations D. Zoning Texl%nendment—CUP in AB Zone for Outdoor Social Events: Ordinance No. 9 167 —NOT ADOPTED E. Amend GB Zoning District Text Restaurant Drive-Up Facilities: Ordinance No. 97-168 —NOT ADOPTED F. Village Area Master Plan Recommendation—Next Step G. Zoning Ordinance 10. CITY ATTORNEYS REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Update on RFP for Animal Control -verbal 12. CITY COUNCIL REPORTS: Lake Elmo City Council Minutes March 21,2006 1 DRAFT Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council Chambers. COUNCIL MEMBERS PRESENT: Conlin,DeLapp, Johnson, and Smith, STAFF PRESENT: Administrator Rafferty, City Planner Dillerud, Finance Director Bouthilet, City Engineer Prew,Attorney Miller,Recording Secretary Freeman. Pledge of Allegiance L AGENDA: The City Administrator asked to add 8C-Chris Riley Utilities, Inc. performance; change 4B Minutes and Structure to 6A;Fire Chief asked to move Fire Dept. Updates 7B to 3A. M/S/P Johnson/Conlin-to approve the Agenda as amended. (Motion passed 5-0) 2, MINUTES: M/S/P Johnson/Conlin—to approve the Minutes of March 6, 2006;as amended. (Motion passed 4-0-1: Conlin Abstained-did not attend meeting)` 3. PUBLIC INFORMATIONAL: A. Public Inquiries: Resident Jim McLeod, 11580 30t, Street,who is curt �, y building a homein the City, and questioned the copper main pipe requirement< x;high cisity pipe to run water to his home,and the type of lights allowed by City code. M/S/P Johnson/Conlin-to direct the PI In' Go mmission ito,.evaluate high-glare motion detector lights. (Motion passed 3-2: DeLapp and S cith-g,wout" like to wait until the Old Village design study is completed.) B. Ginny Holder— mosey/'V ashmgtar%Cable Commission Rep. Ginny Holder indicated tha Cab1�Cofnrisson gave the City $29,000 plus to help provide a new cable system. '` .,.. 000 Granfi is available for the new City Hall cabling, with$35,040 availab ,.' __ chat ,The new Public Works building will have Inet capability. ` 4. CONSENT Aft"A: A. Resolutio �. 20.(l t26: ApprovingClaims laims M/S/P Smith/Johnson 'ttadopfi Resolution No. 2006-026 approving Claim Numbers 315, 316,DD664 through DD681,29819 through 28850,which were used for staff payroll dated March 16, 2006; claims 28851 through 28900, in the total amount of $272,067.69. (Motion passed 5-0) B, Minutes and Structure: (moved to New Business 6A) City Clerk Lumby presented research about minute structure for the City Council and Commissions from the LMC and the City Attorney. l 'i M/S/P Johnson/Conlin-to approve the amended Minutes and Structure documentation process as presented to record all City Council and Commission meetings. (Motion passed 4-1: DeLapp-wants history behind rationale on split decisions from i Commissions) lake Elmo City Council Minutes March 21,2006 2 DRAFT C. Monthly-Operating Report: M/S/P Johnson/Conlin-to accept the February 2006 Monthly Operating Report. (Motion passed 5-0) 5. FINANCE: A. Annual Audit: Steve McDonald from Abdo, Eick &Meyers presented the audit,which was compliant. M/S/P Conlin/Johnson—to accept the 2005 Annual Financial Report by Abdo, Eick & Meyers. (Motion 5-0) 6. NEW BUSINESS: See Consent Agenda 4B 7. MAINTENA.NCE/PAI2KMIRE/BUILDING: A. Update on Building Dept.: Jim McNamara The Building Official reported on the operation of the car. sh at'_ e:Marathon gas station located at Hwy. 5 and Manning Avenue. Reclarrton-type rcling system car wash using four— 500 gallons, filtered and back 111t0e. Meyer Sanitation pumps quarterly with filters cleaned/emptied Building Official McNamara recognized Karl Horning` eiving Full Certification as a Building Official. State of MN currently utllzs 2000 ICC end they are updated every 3 years. Revisions of ICC 2003 were never completed by State of MN. ICC 2006 will be the next edition adopted by the State-in early` 0 B. Fire Dent UpdatesAef Malmquist Moved to Public Informational Section Fire Chief Malmquist recommorlded,;nedW ree xlts Matt Mazzara and Kristine Johnson be P on probation. robation. 'o Johnson son on probation with — z d Kristine o �. iV1/S/P JohnsonLS_ th,to plate Matt; taz ara an p the Lake Elmo Fro.Dept. (Motion passed 5-0) Fire Chief Malmquistiomded that Rick Myran be moved from probation to firefighter status. M/S/P—Johnson/DeLapp, to place Rick Myran to Firefighter status. (Motion passed 5-0) Update on Firefighter Grant—Fifteen departments in Washington County will participate in the new 800 MHz Program at a shared cost of$1,500,000, but the Federal Assistance to Firefighter Grant Program will pay a maximum of$1,000,000. User's fee is $300/year. The Fire Dept, will be celebrating 50 years in 2007, and a Committee is being formed to plan a 501h Year celebration. Help and suggestions are welcome. Lake Elmo City Council Minutes March 21,2006 3 DRAFT ' 8. CITY ENGINEER'S REPORT: A. Resolution 2006-027: Award Bid for Phase IV of the Water System Interconnect Project In his letter dated March 10,2006,the City Engineer reported that seven bids were opened on March 10,2006,for this project. The City Engineer recommended awarding the contract to Ellingson Drainage for their bid of$412,758.68. M/S/P DeLapp/Johnson—to adopt Resolution 2006-027, a Resolution awarding the bid for the Phase IV of the Neater Interconnect Project to Ellingson Drainage on the amount of$412,758.68. (Motion passed 5-0) B. Resolution 2006-029: Accept Feasibility Report for 2006 Overlay—Tablyn Park Neighborhood The City Engineer presented the Council the Feasibility Report for :006 Overlay— Tablyn Park Neighborhood Project. M/S/P Johnson/DeLapp-to adopt Resolution 2006-029, a sot"M Receiving the Feasibility Report and calling a Public Hearing on Apr.:SIB,2006, oft eet Repairs for Tablyn Park Neighborhood. (Motion passed 5-0) \, C. Resolution 2006-030: Chris Rile Utill <: n City Engineer Prew was notified by letter Chris Riley" { 'ties, Inc. will not be completing Water System Interconnection Thee_ ::.and II ntracts. Recommendation is 3011�` ..to terminate the contract"for cause." Travrsaard'Surety Company was notified by Riley Utilities, Inc. foran-per w UP .� M/S/P Johnson/DeLapp—to�4dopt Resolpton6-030, authorizing and directing City Staff to initiate or continue on with r e sp t to the City's claim on the performance bonds. (Motion passed 5-0)� « 9. PLANNING VDU ft Z DING: A. Re "� f.. e ardin to lication for the Haire Variance— 8160 Hill Trail ity P The'Clanner x .. *ed that t se variances to the OHW setback and minimum lot were denied by the Ccrcil attc March 6, 2006, Council meeting. Due to the change of the meeting night,the apt " is were not in attendance. The Council agreed to allow the applicants the opportunity to be reconsidered based on new information and written statements at the next Council meeting. M/S/P -Johnston/Johnson—to reconsider the Haire Variance, 8160 Hill Trail, at the April 4,2006, Council meeting. (Motion passed 4-0-1: Conlin Abstained-did not attend the March 6,2006,meeting) B. Variance for Septic System Setback for 7949 Hill Trail (Scharrer). City Planner Dillerud said the existing septic system at 7949 Hill Trail is no longer functioning. They are requesting a variance to Septic 700 septics/design standards to permit a replacement drain field within 15 feet of the existing house where a 20 foot setback is otherwise required. Lake Elmo City Council Minutes Mireh 21,2006 4 DRAFT MIS/P Johnston/Conlin-to direct Staff to come back with a Motion for denial of Resolution No. 2006-028, because applicant can construct a mound style drain field without need for set back variance, and waive the variance application fee. (Motion passed 5-0) C. Zoning Ordinance/City Code Amendments-Home Occupations The City Planner reported that over the past two years there have been numerous meetings with the City Council and Planning Commission, and numerous drafts prepared addressing the regulation of Home Occupations. He presented a draft set of City Code amendments that had been created and recommended by the Planning Commission, and on which the required Public Hearing had been conducted. The Council received a handout of the City of Oak Park Heights Home Occupations ordinance. There was discussion about perpetual licenses, storageglated businesses,and not supportive of overly complex set of regulations. i MISCP DeLapp/Johnson-to move Home Occupations to n5141ouncil Worksho[meeting on April 11, 2006, (Motion passed 5 D. Ordinance 97-167: Zoning Text Amensent -..0 JP in AG M ne for Outdoor Social Events The City Planner reported that the Planning Cozximiss �onducted a Public Hearing regarding a proposal to amend the Zoning rdi ance to peaw., "Outdoor Social Events" on propea'ties within the AG zoning distract: ConnrnlSsnOri recommends another ,� Conditional Use to the AG District for Outdolt Snaluhts with nine required conditions. 0 � Concerns were expressed on the noisezar_ li-ghting and safety. M/S/P-Johnson/Coph `f to table 1 the next Council Workshop,April 11, 2006. (Motion passed 4- _--_ .DeLapuhe vv < nable able to provide comment) f Ix E. Ordina >>97-168• Amend GB Zoning District Text Restaurant Drive-Up Facilities The City Planner reported t Una-the Planning Commission has conducted a Public Hearing and recommends amendment to the General Business District list of"Permitted Uses"to include drive-up service windows at cafes and restaurants, as otherwise regulated by the City Code. He noted that the Commission's recommendation specifically excludes both menu boards and intercom systems associated with the drive-up window. Business owner Ed Gorman was in attendance and stated that customers are changing and he would like to see a menu board approved. M/S/P DeLapp/Johnson-the City Attorney will redraft ordinance to preclude fast-food for the April 11,2006,Council Workshop, and reconsideration to the April 18, 2006, City Council meeting when all members will be in attendance. (Motion passed 5-0) Lake Elmo City Council Minutes Marel12n,2006 5 DRAFT F. Village Area Master Plan Recommendations—Next Ste The City Planner reported that the City Council and Planning Commission were presented the recommendations of the Village Area design team/master planners at a Workshop March 14,2006. M/S/P Johnson/DeLapp—to direct City Planner and Village Area Master Planner to proceed to introduce the Village Area Master Plan to the public with a dual presentation- poster board presentation, and a formal presentation. (Motion passed 5-0) G. Direction to Staff/Planning Commission for New Zoning Ordinance The City Planner reported that the Planning Commission has previously.reviewed "Performance Zoning"as an alternative to "Euclidian"zoning, and made substantial progress with its consultant toward drafting a new Performance Zoning Ordinance for Lake Elmo. He noted that the City must have a completed Zoning(Jrdinance Map and Text corresponding with the 2030 Comprehensive Plan within 9lnths of the Comprehensive Plan being approved by the METC; approxil February, 2007. A concern about Performance Zoning is that it is very" tf depente " and that only a few people understood it because of its complexity, a l- another present on for a better understanding of the options available. l ' ' M/SIP DeLapp/Johnson—to direct Staff to have a presentation on Performance Zoning by Lane Kendig, The Planning Commissi�i should be iAffl d. (Motion passed 5-0) 10. CITY ATTORNEY'S REPORT: None::> , ;;; 11. CITY ADNIINISTRATO S RLP�QRT. A. Update on RFP WAnimai Cozll verbal Administrator Rafferty requested its Council`-6 extend the current Animal Control Officer's Contract tiMiN .. ril!:O 2006. M/S/P—DeLappl th—to ek%' d the Animal Control Officer's Contract through April 30, 2006. (Motiolnyssed 5-0) ,:. >:> 12. CITY COUNCILt` 12TS: None Council Meeting ended at 10:50 p.m. Respectfully submitted by Carole Freeman,Recording Secretary Resolution No. 2006-026: Claims Resolution No. 2006-027-.Water Systems Interconnect Phase IV Resolution No. 2006-029: 2006 Overlay Feasibility Report-Tablyn Park Neighborhood. Resolution No. 2006-030: Chris Riley Utilities,Inc. Contract Termination Lake Elmo City Council Minutes March 21,2006 6 LAKE ELMO CITY COUNCIL MINUTES APRIL 4, 2006 1. AGENDA 2. MINUTES: March 21,2006 3. PUBLIC INQUIRIES/INFORMATIONAL: A. PUBLIC INFORMATIONAL (1) Water Ski Show-Joe Kiesling (2) Arbor Day Proclamation B. Public Inquiries 4. CONSENT AGENDA: 5. FINANCE: 6. NEW BUSINESS: A. Request from West Lakeland for fmancial sup,- to ensure the protection . of ground water. A 7. MAINTENANCE/PARK/FIRE/BUILDING; 8. CITY ENGINEER'S REPORT: A. Update on Chris Riley Construction;-verbal 9. PLANNING, LAND USE&ZONING: A. Septic Drain Field Setback Variance Hill Trail (Scharrer) B. Reconsideration—Varianc :::'Haire (81 =`Dill Trail) C. CDBG Project Updateargon Lineplacement 10. CITY ATTORNEY'S REPORT: m 11. CITY ADMINISTRATOR'S REPORT A. Carriage Statzoxr 'ark Irn``pprovein1 nts—verbal B. April 19th Prey ntation p `Uxllage:Area Master Plan, Lake Elmo Elementary Sch`pl-verbal 12. CITY COUNCIL i EPORTS. SION 13, CLOSED Vsch "the performance review for the City Administrator Mayor Johnston calllcrle meetng to order at 7:00 p.m. in the City Council Chambers. PRESENT: Conlin, .: nston,DeLapp, City Engineer Prew, City Attorney Filla, Finance Director To ilet and City Administrator Rafferty. ABSENT: Johnson. 1. AGENDA 8. Resolution presented, 12E. City Council Reports: Emergency Sirens, Status of Sunfish Park, 9D. Letter to editor from Council member DeLapp. M/S/P Smith/Conlin-to approve the April 4,2006 City Council agenda, as amended. (Motion passed 4-0) 2. MINUTES: March 21, 2006 The Council had discussion on minute structure. M/S/P Smith/DeLapp -to table the March 21,2006 City Council Minutes. (Motion passed 3-1-.Conlin asked Council to send corrections to staff prior to meeting). LAKE ELMO CITY COUNCIL MINUTES APRIL 4, 2006 1 3. PUBLIC .INQUIRIESANFORMATIONAL: A. PUBLIC INFORMATIONAL (1) Water Ski Show-Joe Kiesling Joe Kiesling, Tri-Lakes Assoc., is requesting Council approval of a Water Surface Use permit for the Annual Water Sid Show on Lake Jane,August 12,2006. Mr. Kiesling is request a waiver from surface water rules for the day of this event and a"No Parking" permit to park from Jamaca Avenue to Jane Road North. M/S/P Conlin/DeLapp-to approve the permit request of Joe Kiesling, on behalf of the Tri-Lakes Association, to hold a Water Ski Show on Lake Jane, August 12, 2005, based on the submittal of the appropriate information and on past favorable requests. (Motion passed 4-0): (2) Arbor Day Proclamation SHIP MAYOR JOHNSTON PROCLAIMED APRIL 28, 2006.�' BE ARBOR DAY AND THE MONTH OF MAY, 2006 TO BE ARBOR MO,..::,1 H IN THE CITY,; M/S/P DeLapp/Conlin-to approve the,Arbor Day I?rb*clat ation and ask staff to come back with options for what the City can do. (Motion pad 4-0.) B. Public Inquiries Geoff Laramy, 9404 Lake Jane Trail, subiniti d :for installation of a stop sign on the Lake Jane Trail N. at the xttion o �. e Road North and Lake Jane Trail I ;.. making that intersection a threvay sip .,. M/SIP DeLapp/Szxiith-to refer this€ 60 to .>he City Engineer and request placement of the moveable speed,si5 jn the•xiaterim to that area. (Motion passed 4-0.) Geoff Laramy n .a violatiolofe o thde by his neighbor in having more than three dogs at his reside k,The Animal Control Officer has checked with the owners and was told the dogs are jus ui ting.AHe said if that is the case then they are visiting 24/7. The resident will follow up o .0i complaint with the City Administrator, 4. CONSENT AGENDA: A. Resolution No. 2006-031:Approvin Claims M/S/P DeLapp/Smith-to adopt Resolution No. 2006-031 Approving Claim Numbers 317,318, DD682 through DD694,28901 through28907,which were used for Staff Payroll dated March 30,2006; claims 319, 28908 through 28948, in the total amount of $493,366.20. (Motion passed 4-0). 5. FINANC'E: LAKE ELMO CITY COUNCIL MINUTES APRIL 4, 2006 2 6. NEW BUSINESS: A. Request from West Lakeland for financial support to ensure,,the protection of ground water. The City received a letter from John McPherson, Chair, Board of Supervisors for West Lakeland Township,regarding the XCEL Fly Ash Repository in the St. Croix Valley. Mr. McPherson is asldng for the financial support of Lake Elmo in an initial amount of $1,500 to be added to a"fly ash fund"that can be used in various ways. M/S/P Johnston/Smith---to direct the staff to send a letter expressing Council support, but before the City makes a financial donation,they would invite Mr. McPherson to a meeting where he would provide an action plan,budget and the desired result. (Motion passed 4-0) 7. MAINTENANCE/PARIC/lIRE/BTJII.,DING: S. CITY ENGINEER'S REPORT: A. Update on Chris Riley Construction-verbal;' " ::. Attorney John Miller provided a Resolution authorizing the City to execute the Takeover Agreement in substantially the same for which it has beery 6sented to the Council subject to non-substantive charges which have been approved in respect to both Phase I and Phase III of the City's Water System Ionnect `;h. t. Riley Brothers Construction is financially able to complete tXn th ture. Penalties assessed for Phase I will cover the attorney fees. , M/S/P DeLapp/Johnston—to adopt Res lution` o. 2006-032 regarding the construction of certain items related to 61 City's WaftInterdonnect Project Phase I and Phase II. (Motion passed 4-0). = 9. PLANNING �A1�TWUSE~ZONING: ,: A. Se is Drain FiN.Set k Variance—7949 Hill Trail Scharrer vilb,. At its March 21st meet-,g the City Council directed staff to prepare a Resolution of Denial for this variance gppl Batton. A draft of a Denial Resolution including Find based on the City Council discuisson of the application at the March 21 meeting. was provided for Council review. M/SIP Johnston/Conlin-to adopt Resolution No. 2006-028, A Resolution Denying the application of Jeff and Robin Scharrer, 7949 Hill Trail North, to locate a septic drain field 15 feet from a structure where Section 700 of the City Code requires a 20 foot drain field setback from structures. (Motion passed 3-1:Smith said there was discussion at the March 6'h meeting on mound system versus in ground systems and she didn't know much about them, and has concerns on mounds system based on reasons stated by the City Planner that a mound system has more of a propensity to freeze up and there is an esthetic reason particularly if it is in the front yard.). LAKE ELMO CITY COUNCIL MINUTES APRIL 4,2006 3 B. Reconsideration—Variances-Haire(8160„Hill Trail) At its March 21, 2006 meeting the City Council directed that this matter be placed on the April 4, 2006 City Council agenda for reconsideration. On March 6,the Council adopted a resolution denying the variances (lot area and OHW setback). Due to the change of meeting night, a Monday rather than Tuesday,the applicants were not in attendance at the Council meeting. The applicants requested, and the Council approved,to open the matter for reconsideration. The burden is on the applicant to show a hardship. Kevin and Gena Haire provided the Council a letter, dated March 29, 2006,to correct false information in the City Planner's report from the March 21st Council meeting. A power point presentation was made by Todd Ganz, Merit Custom Homes, of pictures of homes built along Hill Trail North to show the size of the house is not out of scale or character for the neighborhood and noted that other houses have been granted variances without concern for bedrooms. M/S/P DeLapp/Smith--to uphold the previous Council action in acicrptig Resolution No. 2006-024,A Resolution Denying Zoning Variances.fd evin and Ge Haire at 8160 Hill Trail North. (Motion passed 3-1:Conlin statece applicnt stated their case well and showed that the house is not out of scale for the rid,g bod 5b'd and place reasonable findings could be placed that the septic system could staff sized for 3 bedrooms.) C. CDBG Project Update—Cimarron, 'ras L. a Dement The City Planner reported that the city's consulta�the City which specific Cimarron units qualified for grant assistance; a iew Request for Proposals was prepared and sent to 15 plumbing firms Ere wire no W.fitten proposals submitted. $ Staff has been advised that the ounty CDBG consultant that HUD rules have been modified which and the uusultant 4ieeds to get a new Davis Bacon Wage determination before we can start__ solicitation. There has been no indication from the County CD at is aran issue with timing of grant funds expenditures. D. Letter frog' 1:teye Datib: Council member DeLar�tided a copy of a letter he wrote to the Editor to rebut what Peter Bell, Chairman of the 1Vletropolitan Council,had said about an article by Pioneer Press Assistant Editor Mark Yost. The consensus of the council was they did not want to take official action on this letter because this belongs as a personal response from Steve DeLapp. 10. CITY ATTORNEY'S REPORT: LAKE ELMO CITY COUNCIL MINUTES APRIL 4,2006 4 11. CITY ADMINISTRATOR'S REPORT: A. Carriage Station Park Improvements—verbal The City Administrator reported the City is in the final stages of drafting the agreement in terms of the legal description of the property itself. TKDA drew a generalized plan for park improvement pieces which was shared with neighborhood reps and are in process of advising what type of improvements and equipment would fit in the area and a recommendation will be sent to the Parks Commission. There was some discussion on possible miscommunication on the allocation of monies to upgrade the play structure versus taking money out of this allocation for the trail around the park. B. April 19r1'Presentation of Village Area Master Plan .Lake Elmo Elementary School-verbal There will be a meeting on the Village Area Master Plan on Vesday,April 19rh, at the Lake Elmo Elementary School. The formal presentation Wl3Iiegat 6:30 p.m. with S informal questions/answers at 7:30 p.m. siffl, 12. CITY COUNCIL REPORTS: Mayor Johnston reported that RCFA is celebrating the:r_ urth anniversary at the Lake Elmo site, Saturday, May 6rh . M/S/P Conlin/Smith---to approve the Mayor"sending'`out invitations to the surrounding communities and the Met Coune' = haft.and that<�ie City makes a donation of$200 for refreshments for this event: {l;;;.:i on P a-sed 4-0 -,i ; John. Schultz, Lake Elmo Inn, le; st recnpet of the Restaurateur of the Year and is featured in the April.' StI 'ter Living. Council member,, Lapp reported he sited section 42 housing in Oakdale, ages 59 and up, 90 flats, at$ *0Q`.nonth for a` ne bedroom. This information should be gathered for the Old Village. Council member Smith asked for an update on emergency sirens. The City Administrator said they are working with two vendors to determine if we have to go out for bid,right size for each location, and how to finance the sirens. Council member Smith asked for an update on the Land Trust in Sunfish Park. The City Administrator reported the Parks Commission is working on this part of the review of all the parks in order to protect the parks. Council member Smith asked if the setbacks in Rural Residential Zoning can match the setbacks in the Residential Estates Zoning. The Council sent this item to the April I Ith workshop. LAKE ELMO CITY COUNCIL MINUTES APRIL 4, 2006 5 The Council adjourn the meeting at 9:55 p.m. and convened the CLOSED SESSION to discuss the performance review for the City Administrator. ---------------- Respectfully submitted by Sharon Lumby,City Cleric Resolution No. 2006-028 Denial of Variance to Jeff and Robin Scharrer, 7949 Hill Trail Resolution No. 2006-031 Approve Claims Resolution No. 2006-032 Chris Riley Construction If , i i LAKE ELMO CITY COUNCIL MINUTES APRIL 4,2006 6 LAK E 1=LMO CITY COUNCIL WORKSHOP MINUTES JANUARY 10,2006 PRESENT: Mayor Johnston, Council members: Conlin, Smith,Johnson, Administrator Rafferty, City Planner Dillerud and Finance Director Tom Bouthilet,Mike Bouthilet and Fire Chief Mamlquist and Captain Pepin ABSENT: Council Member DeLapp 1. AGENDA 2, MINUTES: None 3. Interviews for Planning and Park Commission: 6:00 Nicole Park ' ::x. 6:10 Laurie McGinnis ` 6:20 Bob HelwigMIL 6:30 David Steele(Parks) `'` m=_ 6:50 Kathy Sedro Ap Appointments for the Planning Commission and ParksfCommissionwill be made at the January 17th Council Meeting. `� 4. Hiring of Fire Chief Engineer Assistant Planner and Code Enforcement— reasonableness vs. absolutisn <<:_, Administrator Rafferty provided a s. Y Wined positions of the Fire Chief, Assistant City Planner, City Engineer; and C e Enforcement Officer, anticipated hire date and budgeted sal + Fire Chief Administrator Raff explaindM-that in order to provide a well managed fire department through a full time adt ': n, W 6--nareas were sited for the Chief as needed for 2006 and into the future. In additi :;_::_a-new job description was developed for the Chief s position, officer positions,and fire fighter. The Finance Director supported this position,pointed out savings to the City and provided a metro salary comparison for the Fire Chief position. Council member Smith indicated this permanent position is premature and fiscally irresponsible at this time. The Fire Chief said he would be more available for day-time response when asked by Council member Johnson if this full time position would help with the problem of daytime responders. Captain Pepin added that the Chief is also a"trainer"and this would allow the Department to have daytime drills with the Chief as a trainer. This item will be added to the January 17u'Council agenda. LAKE ELMO CITY COUNCIL WORKSHOP MINUTES January 10, 2006 1 Administrator Rafferty noted that he would be asking a council member to work with him on future policy changes for the Fire Department employee handbook. Assistant City Planner: The City Administrator reported the City should get an assistant planner on board before the development season starts so the City needs to move forward. Also,the existing City Planner has indicated he may retire within 4 years. This item will be added to the January 171h Council agenda. City Engineer: The City Administrator reported this would be an entry level engineer that will grow into this office. With the anticipated growth,this person would do some inspections and minor design when needed. This position will also be used to set upthe engineering office at the Public Works Building,moving all documentation Wilm e and work closely with the Public Works Department. This position will be fivade by redirecting fees and workload to the new engineer.Anticipated hiring date is 1Apiri..—early May. This item will be added to the January 17th Council agenda. ; ` :c J Code Enforcement Officer The City Administrator said a council workshop, pobl 'ri March, is necessary dedicated strictly for code enforcement in o der to classify as"quality of life issues" so that a description can be developed. IIe sal; � asking M. ounty Sheriff indicated he would train a community service officer. C ;= ci` .eberith stated in order for the City to enforce their codes,this osition wi edifte future This item will not move forward to the January 17ountzil aged ` 5. Oakdale/Lake Elmommunt '1 eld The City Administratapffil \Chuck Dillerud, Tom Bouthilet, Tom Prew, met with Oakdale representpt to dt s ila�S M donation of 28 acres,by Ideal Avenue and tff Stillwater Boul d for park dekopment. There will be a joint ownership of land between Oakdale Lake Elni&nd develop a Joint Powers Board. There would be ": cost sharing arrangei Zpis of �5 /50 split(design, construction, and maintenance). They are talking lights for the bl ekds and would limit the playfield to only kids. The City Planner stated the issue arose as why do we need a community playfield on the west side of the community and didn't we think about having a community play field in the Old Village. The Planner said he did an investigation of cities with 24,000 population of needs for playfields. He said Oakdale has one community playfield with a population of 26,000 and that is not enough. He said we would reserve the site in the Old Village, but not build it, and concentrate developing at the 3M site. The City Administrator said he thought it was well worth contemplating. The City Planner said the opportunity is now, and there would be a 50150 cost split. Council member Johnson voiced her concern on financing and what would this mean to staffing. The Finance Diirector responded this park,development would be paid through park LAKE ELMO CITY COUNCIL WORKSHOP MINUTES January 10, 2006 2 dedication fees. The Mayor said he was not sure if it is a good fit for half of the facility at 100 percent of the cost. He said he know the need is going to be there. Council member Conlin noted that the City of Oakdale is already there at 26,000 population, and their need is there now for use of fields. It will take Lake Elmo 25 years to get to 25,000 population. 6. Manning/Highway 36 Intersection Improvement The City Planner reported staff and the City Engineer are working with the state and county on this intersection improvement. The City Engineer recommended some signal adjustment and now the County wants inbound lanes and more. The Planner asked what sort of equities the City wanted to pay for. He didn't think the City should have to pay the cost,but that the cost should be assessed through a 429 improvement project. The City has not assessed for an intersection improvement before. 7. Austad Drain field Plans u i The City Engineer provided a utility plan for inground,s tic system091or the three individual lots involved—Pierre, 5665 Hytrail Avenu 'Austad, 5701 rail Avenue and Hurt, 5751 Hytrail Avenue. Mr. Austad presentedetition_from the homeowners involved looking for the City's support in an effort esaw the issues at their properties. Mr. Austad said he talked to surrounding iz - bors informing them as to what is being proposed. The City has allowed t1e> t perk test ::.area on City property behind their homes. `• .®RE . } n Mr.Austad said he counted about 15 tees that duld have to go. The City Forester will look at the area and at the soils to'deteiftne.who type of trees could be planted for screening. : The Cit En inset s...... woixe a um in station which would have a manhole at Y g ::. p p g grade. The City Engineer sa 'h�would:.prefer not to have the manhole in the back and will look at othee�a�s. He saat the construction of the system privately and then turned over to the as not b- n discussed. Usual monthly fees contributed and cost of installation will be7d fox._> the residents. There would be a wide enough path with a firm base and grass for sene three times a week to check on the system. The City Engineer explained the design has a backup. The portion of the sliding hill does not have enough room to meet our requirements for two drainfields. Mr.Austad said the three house system,drainfield,tree removal would cost about$75,000. The Council noted they were behind solving this problem in an unobtrusive manner as much as possible. A specific proposal will be presented at the January 17"' Council meeting. 8. Bergmann Easement The City Engineer said he is working with the Bergmann's on casements. LAKE ELMO CITY COUNCIL WORKSHOP MINUTES January 10, 2006 3 9. Public Works—Gen Set(generator) The new Public Works Facility will be used as an emergency center. Our Public Works Supervisor has worked with the City of North St. Paul because they bought several Gen Sets for one of their buildings that were too small. Mike Bouthilet said North St. Paul offered it to us for half the price, $10,000. There is no warranty for this standby generator. He said the self-contained unit automatically comes on if we lose power at garage. He said they had planned for this and put money in CIP for$7,000 in two years. The Public Works corrected that amount to $15,000 after the meeting. 10. Animal Control 11. Minutes and Structure 12. Volunteer/Employee Appreciation Dinner The Council will check their calendars and call the CW with possibl ates....March 3Id was discussed as a possible date. , Workshop was adjourned at 8:50 p.m. ° c LAKE ELMO CITY COUNCIL WORKSHOP MINUTES January 1.0, 2006 4 LAKE ELMO CITY COUNCIL WORKSHOP MINUTES FEBRUARY 14, 2006 Mayor Johnston called the workshop to order at 6:00 p.m. in the Council Chambers. PRESENT: Conlin (arrived 6:04 p.m.), Smith (arrived 6:03 p.m.),Johnson, DeLapp, City Engineer Prew, City Planner Dillerud, Finance Director Tom Bouthilet and City Administrator Rafferty, 1. AGENDA Postponed Revisions to Fee Schedule and Insurance Premiums; Changed the order of the agenda. M/S/P DeLapp/Conlin--to approve the February 14, 2006 Coun.01P Workshop agenda, as amended. (Motion passed 5-0) 2. MINUTES: January 10, 2006 -Postponed `X Council member Johnson did not receive her mailed.. da/minutes.y. : 3. Oakdale/Lake Elmo Community Pla field kF x= e A reement The City Administrator reported on the history of the ronation of 26 acres located in Lake Elmo,how he read in the newspaper,that�,there would be an Oakdale/Lake Elmo community playfield on land donated by 3M?m 9--said he rn t with Oakdale representatives and talked about their though for kisyfield. He pointed out there would be zoning actions required.-I-ob Lake 1 An agreement was drafted that would s ._::: bring together City representat to sz =down discuss items,with no strings attached, to get to the final decision. ' hf**Lake? `. ty buncil asked for more discussion at this ' workshop. The Planning Co. zssja�i Commission both looked at this proposal and asked to.,; ad `°_': ::explore the options. ..:.; 4 _:.... Council membe nlin asked_ °this iere we want a park. She said we have a needs assessment for p� axkg a park kith early public participation and forums to make sure the public wants it. 3 . is a 2f. acre parcel and we would only have 10 percent use. There are no public f 'i Ite _ earby. She said we should consider pedestrian and vehicular traffic. She felfl s is doing it backwards. Lake Elmo should decide if we want a park there and then share it with Oakdale. Todd Bruchu,Park Commissioner, stated with the current population we don't need more fields is inaccurate. He said he is active on Lake Elmo Baseball and loves the ball fields, but we are cramped. Lake Elmo Baseball is branching out of Lake Elmo into surrounding playfields. There were 213 kids signed up,three are not from Lake Elmo, and this will make 18 teams. He said a lit field can support 6 teams and an unlit field would support 4 teams. Youth baseball starts at age 10 thru 15 and then there are 16-18 yr.old teams. He has coached 9 years and has made nice improvements to the city fields. This is an opportunity for new community playfields in the near term with minimal investment. Todd Bruchu said he would volunteer to serve on the task force. LAKE ELMO CITY COUNCIL WORKSHOP FEBRUARY 14, 2006 1 Steven Amasky stated he lives in Parkview Estates and is active in the Oakdale Athletic Association and that there is a dire need for baseball fields. He said most of the developments surrounding Parkview Estates go to#622 schools and are in OAA. There are no borders for OAA, He said T-ball lids can play on grass fields and hat the gravel infield in Stonegate was too small. He thought this was a fantastic opportunity for Lake Elmo and thought any concerns could be addressed, Council member DeLapp stated the City of Oakdale has chosen to have parks in Lake Elmo and not in Oakdale because they want to develop. Park dedication is required and Oakdale has chosen park land in Lake Elmo. Larry Moody, who lives adjacent to this parcel, understands there are needs for fields,but this is not the right site for playfields because this is a rolling hills parcel. He said the 26 acres may come free from 3M,but the earthmoving needed on tkte will cost tremendously. He asked if Tablyn Park could be expanded, .1d.0.1119aid his own personal desire,is not to have light pollution because then he cannot use his telescope at night. He said daily there are deer, a red fox family, and eagles and hawks usehe trees to catch rodents and don't want to loose this. He believes 3 Oo ks this is less:than ideal developable land. f ** Rolf Larson,parks commissioner, stated there would rracing issues, lighting can be designed and turned off early. This can be dbne true to die city's ordinance to take advantage of this opportunity. He added thA�if''hi parcel domes a community park, care must be taken to protect the stream and`&ove__of oaks along the south side of the parcel. A F Pat O'Malley said the trees".going t4,fi Ne to glow to shield the lights. He asked who is gong to govern. He said he dainnnightei that played fast pitch and lights were not needed. He said the adtll ston in Oakdale will be brought to Lake Elmo if we „\ have lights. He ad ;d�'�haI I� =_C7ak�lal�'s problem there are no parks...they should have `" not built so man::. 'houses, The City) l __said tb is no design feature to place lights in this field. He added we would always'= equal say. Council member Smith said it does say a youth athletic complex in this drat agreement. Don Gustafson,who lives one block from Tablyn Park, said CSAH13 is like a race track with all the shopping malls. By adding ball fields, it's going to be a mess. He thought the City should talk about the creek with DNR. Joan Ziertman asked what type of park we are going to have and agreed that the City was putting the cart before the horse. She said the City should decide if we want a park there. She voiced her concern on the amount of money paid for a park for Oakdale residents and maybe we should think about where we would want parks for our residents. These items should be discussed before we enter into an agreement. LAKE ELMO CITY COUNCIL WORKSHOP FEBRUARY 14, 2006 2 Bob Helwig,Planning Commission Chair, stated that this proposal is the tail wagging the dog. The City does need ball fields,but let us get the right land. He suggested looking in the Old Village Area plan to place 4-5 new fields. He noted that the site proposed is sizable, and would support many houses toward the mandated 2030 population of 24,000. Council member Smith said there would be 12 houses on the 26 acres of the proposed site. She observed that 3M owns the land in Oakdale, and they could give land to Oakdale for the playfield instead of Lake Elmo land. She said that the Oakdale Athletic Association is a powerful force and will dictate what they want in a joint playfield, including lighted fields. She said she views this to be primarily an Oakdale park for its ballfields. Terry Aronson asked why this Lake Elmo land was being donated when 3 M has so much .01'.. other land in Oakdale. He asked why the City can't update the eng parks we have now. Mayor Johnston said you better decide what you need,.:: it and irk it down; and that it would be an error to rush to judgment on the pz; sal without till benefit of a Lake Elmo needs analysis. He said the City should rest .°the pro s re ardin the playfield Y Y p ,.- g g p Y proposal. '> Council member Johnson said she doesn't 4 eJ with tlx�high need for fields, but feels the City should do a need assessment, and t1end _where, re are going to place multi- use fields. She observed that if the City can Ine$ 1yfield needs now,what we are going to do when we are 24,000ion. M\ \ The Administrator said that i s need�2, 1 obaciffo the parks commission to determine i the need for playfields,and where wvuid the':y::::-_1Rbe. Council member Sxuti pontt out the Parks Dept. talked about a possible skating rink/winter activ.. ;in the Sun Park area and asked what about the 20 acres in front of Sunfish Park to us .tempararelds. Planner Dillerud said he' asrovided the Parks Commission a needs assessment done by Oakdale that could act as process guide for the Lake Elmo Park Plan update. He noted that you don't do an updated park plan before you do a land use plan. Now that the 2030 land use plan is all but completed,the Parks Commission is on their way with the Park Plan update—including community playfields. In response suggestion that the neighborhood parks be used for playfield type activities he advised the Council that most of the organized and city-wide activities at community play fields cannot be accommodated at most•rieighborhood parks without negative impacts on the neighborhood. There may be some neighborhood parks of a size and location that might host those activities without negatively impacting the neighborhood,but that strategy is not good park planning. LADE ELMO CITY COUNCIL WORKSHOP FEBRUARY 14,2006 3 Council member DeLapp pointed out there are 175 acres of 3M property in Lake Elmo and if developed park dedication would be available from that site. Margaret Carlson said she was surprised 3M would give land for a specific use and suggested we should go back and look at this. She said she would be surprised that Oakdale would not place lights there. She said if there is a Task Force to review this playfield proposal she suggests having an independent body on the task force. Bob Helwig said he supported Council members Smith's suggestion to use the open space in front of Sunfish Park as Sunfish is a public park. Council member Conlin stated there is broad criteria for selecting location for parks in our Comp Plan that have to be looked at and to keep in mind the trails system and how the trails would work for kids to ride bikes or walk to the playfield F A resident said traffic on Stillwater Blvd. would have to by some traffic control and that Raleigh creek cannot hold anymore runoff. He askevliat about the land next to the '0..., public works building that 3M owns. It would be chewer mamtenan6 Aliplayfields were next to the public works building. Gary Carlson, Tablyn Park resident, stated Oakdale i ntious and no matter what happens there will be lights there if Oakda f wAnnts light ble said when Marry talked to Oakdale it was just an idea and he agrees w Ci mem�%6r Conlin we need to decide if the City wants a park in that location. Scott Deutsch, Lake Elmo Heig41 ,TN'll"We arelb,oking at it and some trees will be blocking the lights. They c rrf a parih wehink of as picnic, etc,but Oakdale is really talking about a sport cplex, \\ ::.. 5. Mannimug—ay1<nt ctlon Improvement The City Plannex.laid a matter s col` g'up on how to deal with the intersection of Manning Avenue a TH36. Ht said that he and the City Engineer were called down to meet with Washingtt� County, nDOT and was told MnDOT would like us to build a 3 or 4 lane intersection. The C'tyy'Engineer recommended that a feasibility report would be preformed to determine tb '> itersection configuration and cost and financing. This item will be brought to the Feb 21"Council meeting. Mayor Johnston left the meeting at 8:10 p.m. to attend the Fire Dept. Relief Assoc. meeting. 4. Animal Control RFP The Administrator provided a draft Animal Control RFP and a budget sheet. He said a number of cities the same size of Lake Elmo are looking at vendor services and some have CSO's. He said he has met with three applicants, Kathi Pelnar, Mike Smith, and Animal Control Services out of White Bear Lake. LAKE ELMO CITY COUNCIL WORKSHOP FEBRUARY 14,2006 4 In regard to the wording in the RFP...shall respond"as soon as practicable", Council member Conlin asked why can't we insert if the situation is threatening, safety issue, we expect response be in such (?)time. Mayor Johnston had a concern that people weren't calling in because there was no response. It should state our average response is ....so people understand we are responding. Council member Johnson said if it is an emergency due to safety reasons, the resident should call 911 and not the ACO. The Administrator stated he was comfortable with the language in the Animal Control RFP. n 5.Report on Old Village Plan Presentation The City Administrator reported on Friday,February 1'7th,: e will yto get these two plans married and then there will be a presentation to,t Council. We. e looking at the gz March 0 council meeting for Bob Engstrom to ve a presentation and council will give direction. The Administrator said this council will then send this plan to the Planning Commission for a Comp Plan amendment or it can go to:,a workshop. Council member DeLapp said the City needs to have an open house. Council member Conlin said she is disappointed rr�g t rn%his plan in a timely manner. It seems we have had to force the d 4ine with - m- Council. Council member Johnson agreed with the lack of updates aril cozinunicatton. Council member Smith said she stayed in touch.with Mart nd Chuck arrcl the r Y y a.4;. y ;Qved forward as quickly as possible. There has been so much thro vn an,.owr plates'Wouneil member Johnson asked about the contract we have wrth,them,who has the authority to change the contract...certain dollar amount in a certain txmefra „e, The �ministrator said there is no change in the dollars. Council member� �app said S111111told everyone we would have a presentation in November and aske `�€ There ha been contact with Engstrom and staff. The Administrator said they s b contact and the owners retained their own planner the same time we did. Counclember Conlin said we all went into this understanding there were many parties involved and Engstrom thought he could put it all together. She felt the City did not get as advertised and it seemed to her Engstrom sat back and waited when they were supposed to be drivers. The City Administrator responded we were aggressive to get it done by November, and we have received great service from Engstrom. St. Croix Regional Family Center-Mayor reported the Early Childhood Ed project of the center wants to go ahead and will be approaching the school board. He said Lake Elmo is the perfect location for the family center. LAKE ELMO CITY COUNCIL WORKSHOP FEBRUARY 14, 2006 5 The City Administrator said it is noted on the Old Village plan where the ;Family center is going to be as well as the city hall. Council member DeLapp said there is a conflict of interest because the mayor is on the Board. The Mayor responded he is on the committee that is working on the organizational interest and there is no financial gain for him. Zoning Variance-A zoning variance request needs 3 votes to pass and the Mayor and City Planner will not be in attendance at the February 21 st.meeting. The Planner will advise the applicant that his variance request will be on the March 6 h meeting. Adjourn 8:35 I ` -h LAKE ELMO CITY COUNCIL WORKSHOP FEBRUARY 14, 2006 6 Lake Elmo Agenda Section: PUBLIC INQUIRIES/INFORMATIONAL No 3B. City Council April 18, 2006 Agenda Item: Charitable Gambling License for Lake Elmo Jaycees Background Information for April 18, 2006: The Lake Elmo Jaycees are in the process of applying for a renewal of its Lawful Gambling License. Before granting a license renewal, the State of Minnesota requires an approval resolution adopted by the City Council. The Jaycees operate its Lawful Gambling at the Twin Point Tavern, located at 11199 Stillwater Blvd N. Person responsible: Action Items: S.Lumby MIS to adopt Resolution No. 2006-033, A Resolution Granting Permission to the Lake Elmo Jaycees to Conduct Charitable Gambling in the City Attachments: Resolution No. 2006-033 City of Lake Elmo Washington County, Minnesota Resolution 2006-033 A Resolution Granting Permission to the Lake Elmo Jaycees to Conduct Charitable Gambling in the City Of Lake Elmo Be it resolved that the Lake Elmo City Council hereby grants permission to the Lake Elmo Jaycees to conduct Lawful Gambling within the City of Lake Elmo. Be it further resolved that this permission is for the sales of Pull Tabs only, excludes sales of Pull Tabs from any automated dispensing mechanisms, and various raffles. Be it further resolved this Resolution is contingent upon the Lake Elmo Jaycees being granted a Lawful Gambling License from the Minnesota Gambling Control Board. Adopted by the Lake Elmo City Council on April 18,2006. Dean Johnston, Mayor Attest: Martin Rafferty, City Administrator 14 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-034 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT CIaim Numbers 320, 321, DD695 through DD714, 28949 through 28973, were used for Staff Payroll dated April 13", 2006; claims 28974 through 29022, in the total amount of$108,482.29 are hereby approved. ADOPTED, by the Lake Elmo City Council on-the 18th day of April, 2006. Dean A. Johnston ATTEST: Mayor Martin J. 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Cli 0 k � OD NMV-- 000000 S o o a a Cc) § a 000C000 - LOU) e (DR tm■ (Y) _ - k R . . . . � � # � t U) \ CL ee & 2 S k / J _ 'cn a2 tm � m k m $ t a R (D ' ID00 0 5 ® 2 � t $ 75 of2Racc nim0) ol � 06 e � = = - e2 4m # a # yam 25 £ 7 ° 3ommeecz w $ o $ 5 � mc � ocL) o : mm CO4) 00 o c ® . = m Q 2 c c e g o e e Cl) o e m e t a » ® \ o2fIDm2eome � » - a % S ƒ$ k2 / 7 § kNtc s w g G a) o e e E c@ o 0 o o 2 o e & n. :Rl 0Z) muLUml5w20R Lake Elmo Agenda Section: Finance No . 5A City Council 04-18-2006 Agenda Item: Animal Control Services Contract Background Information for May 18,2006: The City solicited request for proposals(RFP) for Animal Control Services in late February. The RFP solicited quotes for"call-out" and "patrol" service. Attached, please find an Animal Control Services Proposal Comparison schedule summarizing the rates quoted. Please note, Mike Smith did not submit a quote for"call out"services and therefore I calculated his rates based on the 2005 data. Based on the quotes submitted, I have concluded that should Council determine to proceed with"Patrol Services", the low quote is from Animal Control Services Inc. (ACSI). The low quote for the "call-out or demand service is from Kathi PeInar. If Council decides to award the Patrol Services based on five hours a week or awards the demand services contract to Kathi Pelnar, it should not exceed the 2006 Budget. Please note, the location for the Animal Shelter provided by ACSI is located at 1283 Hammond Road, White Bear Township. (16 miles from City Hall). Action Items: Person responsible: Tom Bouthilet 1. Motion to Award Animal Control Services to: Attachments: 1. Animal Control Services Proposal Comparison 2. Comparison Per Animal Sheet 3. 2005 Animal Control Services Summary 4. All Animal Control Services Proposals received Animal Control Services Proposal Comparisons AGSI Mike Smith Kathi Pelnar On-Demand - - 7:00am - 5:00pm (Per Call) $63.50 $130.00 ! $61.93 _ u 5:00pm - 9_00 m Per Call) _ $78.00 _ $76.00 _ $61.93 9:00pm - 7:00am (Per Call) $85.00 $75.00 $81.93 Annual Cost based on 120 Animal P-U $8,142.00 $15,600.00 $6,931.53 _ Patrol Services -�- Patrol Rate (Per Houk $28850 $30.00 $48.35 WeekA�in_ 7:00am - 5:00 m $28.50 _ W $45.00 5:00pm - 9:00pm $67.50 $75.00 $45.00 9:00pm - 7:00am _ $85.00 $75.00 $65.00 Weekends & Holidays: _ _7,00am - 5:00pm _ $65.00 $75.00 $61.93-- 5:00pm - 9:00 m $78.00 $75.00 _ $61.93 ' 9:00pm - 7:00am $85,00 $75.00 $81.93 Annual Patrol 5 Hrs/wk $7,410.00 $15,600.00 $12,571.00 Animal Disposal Fee - - Do� $23.00 $35.00 $35.00 Cat $21.00 -� $35.00 $35.00 Boarding City Fee(For unclaimed Animals -6 Dam- $84.00 $75.00 $75.00 Owner Fee(For Claimed Animals)-Per Day $16.25 $75.00 _ $75.00 Administrative Fees $0.00 $10.00 $10.00 Kennel Vaccination City Fee - -� $6.00 - $10.00 $10.00 - -- Owner Fee $6.00 $10.00 $10.00 - - Miscellaneous Wildlife Removal & Disposal $75.00 N/A - N/A - Emergency Vet Fee!- $100.00 N/A Emergency Kennel Fee $75.00 $20.00 l Total Calls in 2005= 120 - _ 1 Annual Patrol 5 Hrslwk $7,410A0 $15,600.00 $12,571.00 2006 Budget Animal Control Services $9,200.00 2006 Budget Impound Account $10,000.00 Comparsion on Per Animal Basis Pelnar ACSI ACSI Demand 7:30 -9:00 7:00 -5:00 5:00 -9:00 Animal Control $56.14 $63.50 $78.00 Boarding Fee $85.00 $84.00 $84.00 Requlish Charges $35.00 $22.00 $22.00 Bordetella $10.00 $6.00 $6.00 Total $186.14 $175.50 $190.00 $179.85 70/30 Split Patrol 7:30 -9:00 7:00 -5:00 5:00 -9:00 Animal Control $56.14 $28.50 $67.50 Boarding Fee $85.00 $84.00 $84.00 Requlish Charges $35.00 $22.00 $22.00 Bordetella $10.00 $6.00 $6.00 "Total $186.14 $140.50 $179.50 $156.10 70/30 Split Patrol Rate(per Hour) $48.35 $28.50 0 I N N .mw r- oo O o\ N W cl t-- \V1 00 00 cO ,' ri � rl Qi b d' O 0\ 110 �o O w vi Obi M VN' m t-- O 'IT � M M M 0 � w En 69 64 69 09 69 69 tos 69 69 69 64 to O O O 00 00 O M O h O M O 00 O M 00 00 Q o 0 00 [- CO ' O N d• 00 cV 00 �o 00 N 00 O 00 N \D O M 00 00 N [� Ot t� \O 00 t� 4 t� O t� 4 t- t-� t-- 'mot of cV \O r-i t� 0 0) O bil m C) CAIRN — Nt- NkillNt N C\ M m M _; 00 00 a d 69 69 64 69 6 Ef! 64 fig Ef3 6 69 Ga 69 9 69 69 69 69 69 69 69 v) 69 69 6a '"9 A N �CD O CD CD', Q�i O N O � 000 O b \0 N VO' kn d N Oo It oo -,t \0 O � M 0000 M 00 00 t- O C\ ON H O C o N N Er r-I rm 69 69 69 69 69 64 69 69 64 H) H3 69 69 69 64 69 64 69 69 w 00 dN' N p NmNOO � � ItO> d vIMrl- N � 00 d M t` "D \0O N tV C C4 r-� r•-t y 0 0 O O V7 V7 d C? 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"�':.� i •'w, ft i `�i: }fir `y—F �y.�},7, P `y <1 t ',1 r�5�'vt�'?-�i�.L. �j• ,L q�LT ``yv!n,$r�4�.(f "iq l�'�Ye n�'•'r...�'.3ri�`t,�"71���F•ev'7*`J'f'A' '1����'"`kY' `�';'4 '�P � �ls�,•f,�! St.'�?:��,�n';:i��'rY.���y-. -�5`.n�'.illf'( �(s'A' :��.�I����f r y�„{�•y�p. �[;�Lg•�rr.:A• r•�Y•^��i.".�L:�S�,« s�is���1 Im.ound Fee ' Shelter Location Nd. Do's Dal Impound Fee Raiio:ui�hin Fee AdMirlistra on Fabe Bpr�atalfa twtrr °en F®ci�i Fee Location Othdit F6.9 s References: Hudson Police Department: 715-386-4771 Chief Dick Trende Sergeant Marty Jensen Officer Eric Atkinson Former Hudson City Council Member: Judy Kelly 715-386-2837 Lake St.Croix Beach City Clerk 651-436-7031 Linda®'Donnell 651-436-7001 City of Lakeland City Clerk 651-436-4430 Chris Wahlberg City of Afton City Administrator 651-436-5090 Mitch Berg Washington County Sheriffs 651-439-9381 162 Angela Hanson 143 Becky Engel Minnesota State Humane Investigator 651-646-6821 Wade Hanson Town CfDerunark, MN Council member 651-437-4359 Jim Fitzpatrick Town of St. Joseph Town Clerk 715-549-623 5 Marie Schmit St. Croix.County Sheriff/Humane Investigator 715-386-4701 Mike Bonderinko 715-684-4797 Washington County Dispatch Center 651-439-9381 St. Croix County Dispatch Center 715-386-4701 Humane Society for Companion Animals 651-730-6008 Cats Meow Dogs Bark Animal Welfare Society 715-426-5535 January 2006 ANMAL CONTROL REPORT for CITY OF LADE ELMO Humane Animal Control Service Kathi Peluar CVT; CI-II, CACO Animal Warden 715-3 86-7789 2002 2003 2004 2005 Total Number of calls recorded/received 187 145 182 240 Total Calls requiring physical response 115 124 125 221 Total Calls handled over the phone or with Only a warning letter 72 , 21 -57 19 Total Viscous dog calls 03 03 05 05 (lcat) Total Number of Dogs picked up 68 46 44 43 Total Number of Cats picked up 34 57 84 50 Total Number of other animals picked up or .Dealt with 08 04 09 04 Total Dogs picked up in Cimarron Park 33 15 11 19 Total Cats picked up in Cimarron Park 22 48 40 25 Total misc. pick-ups in Cimarron Park 01 01 01 01 Total number of pick ups wearing collars (dogs only) 43 16 26 30 Total number of pick ups wearing collars and Tags(dogs only) 19 09 12 07 Total number of dogs picked up wearing Under ground containment system collars 07 04 04 04 Total number of Reports from Washington County Sheriff requiring follow up. (2 or More follow up visits) 03 06 09 08 ,OLICY: It is our policy to treat all animals in an humane manner regardless of pecies,breed ior di:sposi,.tian.lf an animal is picked up nearing Identification, t is returned to the owner',onl.y if it is the first time we have picked it up . 'e give the ouuer a verbal, warning and an expl,a.inati.on of the leash 'and l.icens, nab' laws.All. pick. ups of the same animal tbere a.f ter r sai.d animal is taken to be cities impound facility regardless of i dent i°fication We then t=y to notify he owner of the Animal ii3� a timely mann.er,of its where about$-FL°om. that poin m the owner is responsible for retrievi.n his 'animal and paying .ALL fees ncured.The city makes arrangements vi•th •t ie impound facility for any fees i ccrued that are due to them.Ne. are not equipt to hold or kennel strays. for an onger than a few hours and our fees clew not reflect this expense..T-t is ,there-- ore i.mpa.r•&five that the city/tovaship/vi,II age make arrangements with an I mponrid facility and -notify us as t.o where the stray animals are to be held. All wildlife calls are treated as a pi.cku.p.The disposition 'of the 'wwrild ni.mal will be detdrmined by the person responding to, the ca.l.l .Wi.l.dl.i.fe will ' her be relocated,taker. to a proper wildlife facility,or euthanized in an .uaxaane manner. We will not set live traps from October 1 to May 15 or during i.ncli.mate ,eather.Th.esre may be exceptions to this policy if the situation is life thr'ea t n.in.g. and The animal oan not -be' cought by any other means.. lxa.j.n!red animals will be taken to tb.e cities impound faci:lityro.r if the njury° i.sPin the opinion of the response pe son.rsevere or life •thr•eafening, he animal will be taken to a veterinarian. The veterinarian Vill be instructed ' .o perform only stabilizing treatment not to exceed /t<!�00in cost. if the .nima.l is uncl.a i.-med at the end of the impound period, the city will absorb { .his cost.The city iii also still be respoh.eibl,e for the impound fees accord.- rag to their agreement with their impound facility. All animals picked up are immediately taken to the impound facility dur- .ng. their open hours unless they fall into previously described , a:reas. Animal say need to be housed briefly at my residence if pickups' are made after shelter iours .The period of time for this temporary housing vil,l not exceed 12 hours. .11 a.nimaEl.s will be taken to the impound facility as soon as oossible. All complaint type calls are han.dl.ed 'between 7:3ft.m. and 7s30p.m. Caller aay leave a message on- the machine,however if it is after hours they wil.l. need { 0o waite until the next day for a response. Urst Complaint:: A warning letter is sent informing the a.nima.l owner of the _ompl.ain-li and advising them of the cities ordinances. & requep•t to correct the riolation and contact a:n.imal control are also stated in' the letter. � 31econel Complaint: A visit is made to the home of the animal, owner or to the pia � :lie art lma l is hous*_d-The owner is verbally warned of the violation.P i.nf ormed again of the laws and the consiguences if corrections are not made immediately. the animal owner is also provided with suggestions on how to correct the probe, i.rd COmpl.a.i.nt: A police officer is contacted and/4?�-t, ibati,on. is issued. There is an answering machine on at our jhone; number° 715--386-7789 at all, iar:es.lf no_ one is currently available .instructiohs are given to leave a alessage or call our pager-There is saldbm- more than' are hour lag time before a Live Trapping Policy it is the policy of animal control to live trap only animals that are. 1 . A physical threat to the welfare of a human being or that human being' s companion animal . 2. injured animals or animals that are stray and can not be captured by ether more conventional means. I 3 . Ferrel or wild anirdals causing property damage. (ie. raccoons, squirrels, etc. inside attic�r garages, or living type structures. This includes the problem of ferrel cats. ) We will not set live traps from, Oct. 1 thru May 15 or during inclimate weatber.There may be exceptions to this policy if the situation is life thre.atening and the animal con not be captured by other means. Strict pre- cautions. `Yiil be taken to ensure the well being of said animal and traps will be set only inside an enclosure. Humane�76risA Control Service Policy: it is the policy of Humane dal Control Services to treat AD animals in a humane manner regardless of species,breed, or disposition. e feel it is our responsibility to: i) Relocate animals that are lost, injured, stray, or displaced to an appropriate situation, holding facility or eaiviromnaenntt that is more suitable to their immediate needs. 2) Exhaust All paeans, at any disposal, to return stray domestic animals to their rightful owners. 3) To educate the public on responsible pet ownership and what is required, per city ordinance, for them to safely and legally own pets in their community. 4) To offer assistance to the public to solve problems caused by animals not under restraint or displaced from their normal environment. 5) To use.any knowledge and toning to assist in enforcing the stake statutgP A-* local ordinances pertaining to animals,their keeping and humane treatment. � 6) To see:that the public is aware that there are penalties should there laws not be adhered to. In some or all cities this way include but is not restricted to: I) Transporting stray dogs and cats to an impound facility. 2) Relocating displaced wildlife 3) Relocating stray or displaced exotics to a proper rescue orgaa&4 ion or locating their:proper owner. 4) issue: citations for violations of local animal ordinances, 5) Investigatirig complannnts of animal abuse or neglect, rnuisanm complaints, or other situations in which animals are causing a disturbance to the public. 6) Keeping accurate records of nay activities,telephone log, lost and found animal report log and all complaints reported log to insure accuracy of repor ft should a situation become serious enough to require judicial intervention. 7) To do,with in legal boundaries, what is asked by the city officials to monitor and control any situation involving animals,within the city limits. Qualification I) 30 years of experience in aniuW related fields. 2) Associate of Science degree in Veterinary'Technaalogylaaimal health 3) Cerd cation in I�fimesota as a Ceatified Veterinary Technician for 24 years 4) Certifed in VVisconnsin as a Certified Hunnane Investigator 5) Certified nationally through the rational Animal Control Association having completed all 3 tram courses as a Certified Animal Control Officer. QUMcationq cont. 6) 1 hold Certifications in OCAT/pepper spray use, Bite Stick, Chemical capture, and euthanasia. 7) Have worked for Stillwater Veterinary Chnic,Humane Society of Ramsey County; and Animal Emergency Clinic on University Ave. in St. Paul, Mn., Hudson Pot lJospital, Humane Society of Pierce and St. Croix and have been doing a'nimal control,work.as a private contractor for over 20 years. 8) Was a member of the board of directors at the Humane Society of Pierce and St. Croix when they first built their shelter. 9) Volunteer work for 6 years at Carpenter Nature Center doing Wildlife rehabilitation. Como Zoo docent working with primates and reptiles, Farm work Moth while attending school at U.W.River palls and privately, and various animal related:courses through out the years including a dog grooming course. - 10) 40 plus hours of continuing education in the technical field per year for the past 23 years to maintain my certcations. I have de-oiled ducks and geese,bottle fed everything from deer to squirrels, bandaged and medicated;.apes, dogs, raccoons, cats, opposurns, song birds, rapiers. I've flown and released eagles' and hawks, cared for and released beavers and nftk transported owls and other birds to wildlife rehabilitation facilities, and handled all nature of reptile there is. I have also done farm work woriting with horses, cows, sheep, pigs and foul. I can hone sdy say though that I have never had any hands on experience with an elephant or a whale, Contract Animal Control i i THIS A.GREFMENT made this day of Januarys _ by i and between. Kathi Pelnar (hereinafter referred to as •`Contractor') , and the City of , a municipal corporation Located: within the County of Washington and State of Minnesota (hereinafter referred to as "City") . WI THE SSETH t In consideration of the covenants and agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 1. This agreement shall be effective as of January and. .shall continue in effect until December 31, , unless otherwise i cancelled pursuant to Paragraph 15 hereof. i 2 . Contractor shall provide services in accordance with the attached schedule (ANIMAL CONTROL PROPOSAL) . Contractor agrees to patrol the public streets of (E the City in a vehicle designated for transportation 1 of small animals. Contractor shall be directly responsible to the City Administrator for the City. Contractor further agrees to ensure service and maintain said equipment in good working order. 3. Any call out after the Contractor' s scheduled workday shall be paid at the rate specified within the attached schedule (ANIMAL CONTROL PROPOSAL) . The Contractor shall do all patrolling unless other personnel have been approved by the City Administrator for the City, to perform such services at the Contractor' s direction and under her supervision. For regular patrol, in the manner provided within Paragraph 2 above, the Contractor shall be provided payment by the City in the amount prescribed within the attached schedule (ANIMAL CONTROL PROPOSAL) . Such payment shall be due and payable after the Contractor has provided the monthly report to the Animal Control Contract City in the manner specified within Paragraph 7 hereof. 4. The Contractor shall provide liability insurance on her automobile and shall provide her own automobile for purposes of supplying the services provided under the terms of this contract. 5. The City authorizes the Contractor to apprehend and retain dogs and other animals, and/or issue citation tags for violations of the City Ordinances related thereto. However, the Contractor shall not invade private property contrary to the wishes of an owner of said property nor forcibly take an animal from any person without the approval and assistance of a Peace Officer of the City. C. The Contr"actor .shall respond as soon as practicable to any call, reported during service response hours, involving a bite case or injured animal reported through the Sheriff's Department or the offices of the City Clerk of the City. 7. The Contractor shall provide a monthly report to the City which indicates the hours patrolled, the number of animals impounded, warning letters and violation notices issued, and any other such information as requested by the City Administrator for the City. 8. All animals impounded shall be kept at a licensed animal shelter facility to be designated by the City for this purpose. While in her custody, Contractor agrees and warrants that all animals impounded shall be kept in a comfortable and humane manner. it is mutually agreed that the Contractor may temporarily board at an emergency facility access and/or treatment that is not immediately available at the contract facility. All captured wildlife is to be delivered to an appropriate wildlife center as determined by the Contractor with report to be provided to the City Administrator for the City. 9. The Contractor shall supply her own automobile and equipment necessary for Animal Control Services as may be determined by the City Administrator for the City. The Contractor shall also supply a copy of her automobile and general liability insurance - 2 - Anima]. CGntrol Contract policy to the City Clerk for the City annually. The city, through the offices of the City Clerk, shall administer all licensing, impounding and boarding fees and charges as may be provided by the City ordinances. The Contractor shall furnish monthly reports to the City as may be required to allow. the City Clerk to determine appropriate impound fees in connection with each animal so impounded. 10. The City shall furnish to Contractorany special forms or receipt forms specified within the ordinance and adopted by the City Administrator for th6 City. Contractor shall keep all records of all animals impounded, together with a description of each animal, in a manner specified by the City Administrator. 11 . Attached hereto is a list/schedule of fees, charges and service performance criteria. The same is incorporated by reference herein. 12. The Contractor shall assume all liability for all harmed animals due to her negligence or that of her employees, in not properly caring for same, and agrees to defend all lawsuits arising there from. The Contractor agrees to defend and indemnify and hold the City harmless, including its officers, employees, or agents, from any and all claims, suits, losses, damages, or expenses on account of bodily injury, sickness, disease, or death and of property damage including injury to animals as a result of, or alleged to be as a result of the Contractor' s Animal Control Operation. 13. The Contractor agrees that during the period of time of this Contract, she will not, within the State of Wisconsin or elsewhere, discriminate against any employee or applicant for employment, because of race, color, creed, sex, national origin, or ancestry, and will include a similar provision in all subcontracts entered into for the performance hereof. This paragraph is inserted into the Contract to comply with the .provisions of Wisconsin State Statutes. .3 - Anixml Control Contratct 14 . Either party hereto may cancel this Contract after thirty (30) days written notice thereof to the other party. 15. It is understood 4nd agreed that the Contractor is not an employee of the City but is an independent Contractor, solely responsible for her own payment of federal, state and Social Security withholding taxes. Further, the Contractor provides her own equipment excepting for some equipment that may be made available for her use by the City in its discretion. The Contractor at no time shall hold herself out as an employee of the City but will always identify her as an Independent Contractor. 16. The City shall provide to the Contractor the following materials: a. Map of the City, b. Monthly list of animal licenses, C. Copy of City animal control laws, d. Police contact procedures, e. City Hall hours,, f. Any required identification. signs, g. Description of animal licensing fees and procedures. CONTRACTOR: By: Kathi Pelnar CITY OF By: Mayor By: City Clerk -4- Anianal Control Fee Schedule Hunme Animal Control Service Kathi Pelnar CVT, CM Animal Warden 634 St. N. Hudson, WI 64016 715-386-7789 Service response on calls 7:30a.m. To 7:30 p.m. daily, Will respond to emergency calls after hours. Wileage will be billed at current government rate(currently$.445 per mile) Fee per service response when trip is confined to city limits.........................$25.00 (Dry run fee, call out/no animal found) +mileage Fee per service response when trip to impound or out of city limits.................$45.00 +Mileage Overnight/kenneling fee....................................................................$20.00 After hours call out fee(any calls out before 7:30a m. and after 7:30 p.m.)..........$20.00 Additional Patrolling fee(per I hour of patrolling)........................................ ..........$3 5.00/hour +Mileage Service Retainer............................................................... $275.00/6 months Due February and August Any reasonable emergency veterinary charges if impounded/picked up and animal owner is not located. Should an unusual situation occur, fees can and will be reasonably adjusted to fit the situation. in situations where many animals are in need of relocation(e.g., 1.0++cacts at once) special arrangements will be made. Any holiday ells will be charged at the additional after hours call out fees. ($45.00 plus after hours fee of$20.00 plus mileage/or if in town.$25.00 plus$20.00 plus mileage) Hohdays observed will be Christmas Eve after 4:00 p.m., Christmas Day,New Years Day, July 4 `and Thanksgiving. aRLtaveeR "'S 6zEf Yt ICATB,#8 tSz;suED.AS A MATT � OF rr� o MArl�aty ONLY AND, CbAIFIVIRS NO. RIS4�Ts UPON THE aERTIP)CATE Quality insurance Service HoL,DER. THis .CBRTIFIOATt b ES NOT ^MIND EXTEND OR 1648 Rice Street ALTeR THE COVERAGE AFFORO D BY THE POL CIES.BELOW, 3t, Paul, 1114 55117 lNoX'~hfield I.T1E. CO. in 111911 OENAIC# _ IN{UREO" POLNAR, IMTHL,ERN IN E;rote ric Ins, _ 011 6th "t N INauR R0: _ tludaon, WT 54016 INSURFRO: IN URBR E; CtsVE€4At�E5 THE POLICIES OF INSURANCE LISTED BELOW NAME BEEN(ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEC9,NOTWITHSTANOWG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RPBPECT TO VVHIOH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,TH$INSURANCE AFFORDEO BY THE POLIO(&$058CM410 1,1159FIN IS SU%JECT TO ALL THE TeRMS,EXCLU6iONS AND OON04TIQN6 OF Sue" POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE SEEN!SEDUCED BY PAID CLAIMS. RVBR 1wl>D'L�� PaL+c IVi1MafiR OLiDY{rFB nit P 1cY EH A N LIAgITIy e6NBRat IIaMILrTY EACH 000VRRCNCE COMMERCIALaENEItALLIAEILITY CPA61230 04/1'I/2006 A 8 k00J ODO 1 CLAfM4MADE El OCCUR MEDEHP 06K I1Mpmonl s5,000 PBREONAL6ADVINJVWY 5 - 5001000 �( _ CHMALAIGATE S 500L000 ' {gpNLAGOREOATB LIMIT APPLIEBPER! PRODUCTs efxMProaAacs s 500,000 I I. I POL,OY PROS r L4C ! AUiromoeLHUAMLITY DI ,NIaBINClIEt1IA1T s 500 000 b I ANY AUTO CA 1225559 06/24/2005 00/24/2006 (baeoduoml � _!` ALL OWNED AUTOS @bpiLY INJURY IP►IPYr9ap) L BCNEaut&D AVT08 HIRSO AUTOO BODILY INJURY s NON•OWNEDAUTOO (Aa eacmenf} (Per argalgam) aa�AaF LIaI IrLITY AUTO ONLY•BA ACCIDENT f ANY AUTO OTriBR THAN EA AGO t AUMD'LY: Acso t E11bEBBIUMEREILA�tJ18I6ITY BAOHOCCURRENCE / OCCUR „» » CLAIMS MADE AG611POATE ��� 9 s_ I � Q£auerlaLt s,— ' =gETEHt1aN s e I 1VOR491918 OQBAa•EN0AT40N ANO {MPLOVBR7'LIApILITY E.L.EACH ACCIDENT I ANY PROpRi$t01a1iARTN81NHxECNTIY£ OFFICE RRAEMBER EXCLUDED? E.L.DISEASE-SA EMPLOYE: IiP CIA� RO+/18 ON Delow E.L.QIS<3A00•POLICY !MIT { OfNER , r OBRORIATlON Of OP15AATIONB,LOCATIONS 4 WHIOLfi{1 M%CLUSIONS A09E6&Y SNOOR20MB14T I EPBOIAL PAOVI®ION{ CERTIFICATE HOLDER CAKCI:L.t_ATION ENOULO ANY OF THI AROVE 0E801800 POU0116 BE OANOELLEO BEFORS TN6&WHIATION City of Lake Elmo hAYV THEREGP,THE I{ILRRO INEURBR WILL ENOEAVOR TO MAIL 10 DAY$ WAITTSN 3 d 01) Laverne Ave. NOY106 TO TI"OORTIPIOAT@"IDWER NAMED TO T41E LBPT,BUT FAILVRS1 TO 00 40 t tikLL LIT, E;Ilno, MN J:,042 IMPOSE NO OELICATION OR LAAMILITY Of ANY KING UPON THE INSURER,IT$AGERT$OR 715-�H6-892�, •gEPREBL+ ATIVEE. - ALTN fiP Ct1TATIV� m i ACORO 25(2001109) G ACORD CORPORATION 1080 Z 'd EIVET MAR 0 8 2006 AnimalControl Semices, line. 1283 Hammond Road White Bear Township,MN 551,10 (651)653-6404 acsincI004 ftwesUlet March 6, 2-oO i i City of Labe Elmo Martin Lafferty 3800 Laverne Avenue North Lake Elmo, MST 55042 Dear Mr. Lafferty, 'Thank you for your interest in dal Control Services, Inc. As requested I have enclosed our written proposal, along with a draft contract. I look forward to serving your axx9mal control needs in the near fixture. 'Thanks. Sincerely, Richard Ruzicka President ACSI Animal Control Sem' sy Inc. 12-83 Hammond Road white Bear Township,MN 55no (651)653-6404 acsincloo40a gwest.net l anh 'a, 2-006 Thank you for your interest in Animal Control Services, Inc. We are a full service animal care and control provider to 24 Municipal cities. I work hard to provide the very best service possible to the Cities and their residents. ACSI believes that animals belong at home and not at the pound,we insure this belief by providing what I life to call doorstep education to the pet owners. This will in turn reduee your animal control cost(proactive animal control). ACSI also believes that animal owners should be the ones paying for the privileges of owning a pet. So nay fees relate more to pet owners. ACST will prm ide uniformed animal control officers trained in both the handling of animals and dealing with the public. Animal Control Officers will stop into the City 1101 to check in and also check to,see if there are any complaints they can tape care of. ACSI has its own staff to handle complaint calls, a website to assist pet owners with information,and also a lost and found database. At the present time we offer both Patrol and Call-Out services. We have three trucks that are equipped to handle and transport animals. Our trucks arc all well maintained,reliable, cleaned everyday, and not more than three years old. As part of our services,ACSI will provide to the city monthly reports as it does i now for its current contract cities. Deports will show the current stats on impounded animals and complaint activity. ACSI will also provide monthly schedules that will let you know exactly when we will be patrolling in the city, The program that ACST will provide will be based upon the cities needs and tailored to those needs. SCSI will assume all liability and carries general liability insurance in the amount Of U000,000.00, eoc insurance of$250,000.00, and automobile insurance in the amount of 350,000.00. My insurance agent is James Strande with Advance Insurance. If you need to you can reach him by calling (952) 842-11.07. ACSI will provide proof at the time it is requested and will send out a current certificate once a year as well. ACSI at the present time has three Animal Control Officers and provides 24 hour 7 days a week:services. We work with the Washington, County Sheriffs Department currently in some of our other cities that are in Washington County. Normal Call.-Out respond time should only take an hour or less. The kennel is located at.1283 Hammond Road in White Bear Township. The facility is licensed through the board of animal health.. All animals are treated in a very humane wanner,and held in accordance to Minnesota State Statute §55.7:t. 'flu animals which are adoptable will be rescued to marry different rescue agencies. All animals are walked at least twice per day by trained staff. The kennel is open from 8aan to 6pm dig the spring,fall, and winter;and from Sam to gpin during the safer. ACSl will provide service for wildlife as part of its contract if the issue becomes a public health problem. Such as animal related biters and rabies. .A.CSI will not remove wildlife from the inside of residence. 'Where are private vendors who provide this service. If the city wishes,A.CSI will provide these services at an agreed upon rate. Other cities at present do not provide wildlife services to their residents. They leave wildlife isstayes up to the homeowner. Some wildlife requires a permit to be removed unless there is serious property damage. Injured dogs and cats will be treated with veterinary care only to relieve any.pain, and suffering. The fees will be charged to animal owners upon reclaiming. If the owner is not known the fee is to be paid by the City. During normal business hours I utilize H.allerest Animal Hospital, and after hours St. Paul Emergency Vet. I ACSI will not discriminate against any employee or applicant due to race,creed, sex,and national origin. i i PATROL PACKAGE FEES.- Call-Out (weekdays) 7:00am to 5'.00PM $58.90 5:O0PM to 9:OOPM $67-50 9:09PeraA07-Mam $85-00 Call-Out (weekends/holidays) 7:ooam to 5.,00pm $65-00 5:OOPm to 9:O0PM $78.00 9:00PIR-LO Tooam $85.00 Animal Disposal Fees Dbg Fee $23.00 Cat Fee $23-00 Patrol Rate Per Hour $28.50 Board Fee to City for unclaimed animals Per Day $14.00 Board Fee to Owner Per Day $16.25 Impound Fee to Owner $42-00 (no Impound Fee charged to the City for-unclaimed animals) Kennel Vaccination Fee to City $6.00 Kennel Vaccination Fee to Owner $6.00 Wildlife Removal and Disj2osal Fee $75.00 Emergeng Vet Fee $100.00 CALL-OUT PACKAGE FEES; Call-Out(weekdays/weekends/holidays) 7.*00am to 5:O0Pm $63,50 5:OOPm to 9:OOPM $78-00 9:oopm to 7:ooam $85.00 Animal Disposal Fees Dog Fee $23.00 Cat Fee $21.00 Board Fee to City for unclaimed animals Per Day $14.00 Board Fee to Owner Per Da y $16-25 Impound Fee to Owner $42.00 (no ILupound Fee charged to the City for unclaimed animals) Kennel Vaccination Fee to City $6.00 Kennel Vaccination Fee to Owner $6.00 Wildlife Removal and Disj2osal Fee $75.00 Ewer envy Vet Fee $100.00 ANIMAL CONTROL CONTRACT This agreement made this day of Month of 2006, by and between Animal Control Services, Inc., a. Minnesota Corporation, hereinafter, referred to as "ASCU, and the "city" of LAIr..E ELMO located in the County of Washington, and the State of Minnesota, hereinafter referred to as "City",witness to: In consideration of the covenants and agreements, hereinafter set forth, it is mutually agreed by and between the parties, hereto, as follows: 1. This agreement will be effective as of 2006 and will continue in effect until December 31, 2006, unless canceled, pursuant to paragraph 15. 2. "ACSI" agrees to patrol the public streets of the "City" of: LADE ELMO in a vehicle especially designed for the transportation of small animals, in accordance with City Ordinances and a schedule agreed upon by both parties. If such schedule is not agreed "'-"upon, the agreement shall be null or void. The vehicle shall have proper identification displayed on two sides. "ACSI" further agrees to insure, service, and maintain said equipment. 3. "ASCI" agrees that competent personnel, trained in the handling of animals, shall do patrolling. Said employees shall perform their duties only while in proper uniform and shall have with them, at all times while on patrol, proper identification as to indicate employee's name,title, and place of employment. t f 4. The "City" shall authorize "ACSI" to apprehend and retain dogs, and or issue citation tags for violations of the "City" Ordinances. "ACSI" will only impound cats at the request of the City of LAKE ELMO. "ACSI" will not invade the private property contrary to the wishes of the owner of said property nor forcibly take an animal from any person without the approval and assistance of a Washington County Sheriff Deputy 5. In addition to the regular hours of patrolling referred to, "ACSI" agrees to maintain one (1) vehicle for standby service to attend to cases outside regular patrol hours at the specific request of the CITY OF LAKE ELMO "ACSI" shall respond inn ued.iately to any Callout agreed upon by the"City"of LAKE ELMO and confirmed to be a Callout 6: "ACSI" represents and agrees that all animals impounded shall be kept at WHITE BEAR. KENNEL, 1283 HA1VIMOND ROAD, WHITE BEAR TOWNSHIP, MN. "ACSI" agrees and warrants that all animals impounded shall be kept in a comfortable and humane manner for a period required by the "City" Ordinance. It is mutually agreed upon that "ACSI" may temporarily board at an emergency facility if access and or treatment is not immediately available at the contract facility. Any fee differential for boarding an animal between the contracted facility and the facility in White Beat Township will be paid by the animal owner. If an animal is unclaimed, the "City" of LADE ELMO will pay the boarding cost at the contracted facility. The fee schedule(s) for any other facility to be used by "ACSI" shall be posted prominently at the White Bear Township facility and be given to the "City" for public information purposes. 7. At the time that an animal impounded under this contract is reclaimed, "ACSI" or its agent shall collect the impounding fee and boarding charges as provided by "Contract'". All impounding fees and/or any other penalty fees collected by 66ACSI" or its agent shall be remitted to "ACSI". 8. In the event an animal impounded and boarded by order of the "City" Health Officer or placed under quarantine by ruling of the State Board of Health, said animal shall be boarded as required by said order or ruling. At the end of such p6riod, the "City" shall release all of its interest, rights and control over said animals that may then be disposed of at the discretion of"ACSI". AT THE TIME THE ANIMAL IS TO BE DISPOSE'D OF ACSI WILL INDICATE ON THE IMPOUND SKIP HOW AND WHERE AND WHAT HAPPENED TO THE ANIMAL BEING DISPOSED O.F. In the event i d t any dogs, cats, or other impounded animals are unclaimed after six (6) days, they shall become the property of"ACSI" and may be disposed of or sold at their discretion. All proceeds from the disposition of such animals may be retained by "ACSI' including any proceeds received from any animals disposed of in accordance to Minnesota Statutes 35.71. 9. The "City" shall furnish to "ACSI' any special forms or receipts specified in the "City' Ordinance and "ACSI" shall beep records of all animals impounded together with a description of the same. i i 10. "ACSI" shall assume liability for all harm to animals due to is negligence or that of its agents in not properly caring for the same, and agrees to defend the "City" against any lawsuits arising there from "ACSI" shall defend, indemnify, and hold the "City" harmless including its officers, employees or agents from any and all claims, lawsuits, losses, damages, or expenses on account of bodily injuries, sickness, disease, death, and properly damage including injury to animals. "ACSI" shall provide the "City" proof of public liability insurance including comprehensive automobile liability in an amount of at least $350,000,00 per each claimant and $1,000,000.00 per occurrence and l .O.0 insurance hi the amount of$250.000 per occurrence. 11. The "City" agrees to pay "ACSI' for services in the performance of this contract as follows: A. Price per hour/per vehicle for scheduled patrol based on of patrol per week for actual time in service. Price per call per'vehicle for service during scheduled or regular working hours. $28.50 B. After Hours Call-out unscheduled Callout 1 7.00 am till 6.00 pm $58.90 Callout 2 6.00 pin till Midnight $67.50 . . . Callout 3 Midnight till 7:00 am $85.00 Weekends and Holidays 7.00 am 5:00prn $65.00 5.00 pm midnight $78.00 midnight 7.00am $85.00 C. Price per animal -- for each DAY or fraction thereof, for boarding any species of animals impounded by direction of "City"officials or local Ordinance. $14.00 D. Price per animal for each day or fraction thereof for boarding any species of animal impounded and reclaimed by the animal owner fee not to be charged to the City $16.25 E. Animal impoundment The (Paid by the animal owner upon reclaiming) $42.00 F. Price per animal for disposal of a cat $22.00 G. Price per animal for disposal of a dog $23.00 TI. K.emvl Vaccinations to stop Various Diseases from.time to Time $per shot (To be paid by animal owner if claimed, if not the City) $6.00 Z. Boarding fee to keep Dead Domestic animals for reclaiming not to exceed the required(6) days. (To be paid by the animal owner if claimed, if not the City) per day$5.00 12. "ACSI" reserves the right to increase fees for patrol hours if the possibility of future fuel prices increases beyond $3.00 per gallon, "ACSI" shall give written notice to the "City" i showing the reason for the increase. 13. All payments shall be made by the "City" of LAKE ELMO, upon receipt of monthly statements by "ACSI". Invoices for services rendered will be due net 30 days from the date of invoice and will be subject to a 1.5% service charge on balance due each month. 14. "ACK" agrees to provide emergency veterinary services to help stop any suffering to impounded animals as needed at cost to the "City" of LADE ELMO however, veterinary service that was deemed necessary may be charged to the owner upon reclamation of the animal. If owner dose not claimed the animal fees will be paid by. the City. $100.00 15. "ACSIP" agrees that during the period of this contract, it will not within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, or ancestry and will include a similar provision in all subcontracts) entered into for the performance, hereof. This paragraph is inserted in the contract to comply with the provisions of Minnesota Statutes 181.59.' 16. "ACSI" agree to comply with the Minnesota Data Practices Act and all other State and Federal laws relating to data privacy or confidentiality. "ACSY" agrees it will immediately report to the "City" of LAKE ELMO any requests from third parties for information relating to the Agreement. 18. "ACSI" agrees to promptly respond to inquiries from.the "City" of LAKE ELMO concerning data requests. 19. "ACSI" agrees to hold the "City" of LAKE ELMO , its depadment heads and employees harmless from and claims resulting from the unlawful disclosure of the use of the data protection under State and Federal laws. 20. "ACSI" agrees to abide by the requirements and regulations of the Americans with Disabilities Act 1990 (ADA) the Human Rights Act (Minnesota Chapters 363 and Title VII of the Civil Rights Act of 1964. These laws deal with discrimination based on race, gender, disability, religion, sexual preference, and sexual harassment. Violation of any of the above laws can lead to termination of this agreement. 21. Either party, hereto, may cancel this contract after Thirty (30) days written notice, thereof, to the ether party. 22. Notices pursuant to this contract shall be given by deposit in the United, States Mail, � postage prepaid, addressed as follows: a. To "ACSI": Mr. Richard L. Ruzicka, PRESIDENT Animal Control Services, Inc. 6400 Colfax Ave. No. Brooldyn,Center, Mn 55430 b. To "City" Alternatively, notices required by this contract may be personally delivered to the person's I named above. Notice shall be deemed given as of the date of personal service or as of the date of deposit of the notice in the United States Mail. IN THE PRESENCE OF: ANIMAL CONTROL SERVICES, INC. BY: DATE: IN THE PRESENCE OF: LADE ELMO BY: DATE: CITY OF LAKE ELMO ANIMAL CONTROL SERVICES s c 1 N, .A.� 0 �"d-� 4 Regular Hours Winter , Spring � , ^ so Summer Fall' Retainer Fee (Per month) Fee per Call , Animal Picked Up Dry Run (Not Found) After Hours Rate Holiday Rate K + Weekend Rate Patrol Rate (per hr.) Emergency Kenneling Fee Max. # Hours Paperwork Fee Citations Notices Licenses Reports LosWound c ,� Mileage Other Fee(s) �tS#�'5� iai�.��'�:��'it-r`.cn_ ,?.,t•4 �5F`������.sr2 �+�N'ivf sk� '�r°.!'�``�.??k`�,�itt�'��;;'iu�-bj Y�' �ISN��'s_',� _ ..ir,�� �tfs�'�,'�+xr.! .:` _' .�..'.L xJz���.,��c 1n`�.r.4S� dv I +�'>2,Jh �4•� ..rt.,i�J Impound Fee 'ToCln 1.q,q—, Shelter Location No. Days .-(� Daily Impound Fee (I(' Relinquishing Fee D �? Administration Fee ra x Bordatella zy,5 1v) - Emer ency Facility Fee Location Other Fee(s) MAR 0 1 2006 Proposal for anixual control Services for the city of Lake Elmo sun. l patrol services are provided on affi per lee►ear per day basis My proposal is for 2 hr per day 5 days per week, for this I charge S 1000.00 per month with $300.00 per tuouth charge for use of nay Truck. Patrol hours are mcbedunled between the hours of 8 Farm and 5 pm . I do not charge any after hours call out fees if I am called to the city during these hours Mter hours calls, befog 8aam after 5 pm or on week eards and holidimys are A 75.00 per call. No aadtlstionaal charges are added `Velnicle provided is anaarked on hotia sides and the rear in. 6 in laettgers �:tauting aannimnaal control. And is equipped to han die large aanpd sumanll animals Driver is nnnifornnaed aann.cl identified vian patches badge and naimde tag. And will identify him self during all contacts regarding aavdmaadls ®while ezna, duty within the city I 3 vehicle is fully i nsunred as per le-ague of 'eninnu cities required connanercial auto insurance and sa $ 1004)(000 b® general liaalyility is waa«intaaainne'd as well. 4 scheduuled lnoumr* of patrol will be determined by the contractor ahead the city based on need such as garbage pickup and time v ost cantplaainnt:s are received. During time suuunimer moma.tbs soane evening patrol nanaay also lye sche'dided after 5 put at no additional cost to the city. .lnntouEthly reports of all activity and contacts will he Btept by the contractor regarding anninanaa&- imapomiLded.waarninags issued, tickets issued and hounrk patrolled, avid presented to the city at the th a of hillinag each nanouth. (► all insurances are provided as derscrihed ha paragraph 3. 7 respo-"OW time to a. call between gain sann.d 5 lam dunrinng week days is uasunaally less than 30 ininutes. After 5 1►m and weekends is between 45 ►niun and I hour. 8 impounded a ni€nanaals will be kept at sa shelter designated by the city. Injured aanrinnpaals will lie transported to as emergenacy vet climic for staabilizcationn and a a;aanaa when the shelter is not open 9 no shelter is owned or operated by mmyseelf. 10 injured wild- fife and trapped wildlife will he transported to the wild life rehabilitation center in Romeville=.. Unless it is deemed as nuisance annual by the dur. as such it will be disposed of as lnbanaaaamsely as possible. l 1 the contractor shall aassini ee liability for an®in>saals fbaarnned VMder Ids mare an further agrees to take all iaaeaasures to assure the safety of the, annuals under lays cure 12 the contractor agrees not to discriminate against any employee, or Bather persons because use° of race color creed religions place of origin or gender for any reason what so ever. 13 either party en>steereld matte this contract » nan.ny dissolves this a anatrarrt. by Bast serving as 30 elaay notice of caaneridaationn upon tlaee other party. 14 prior experience f haeavee been in this business for 29 gears, I have aalmost 40 years handling and training aa.niwaals specializing in dogs and horses I worked 3 years at the university of lean in their wolf research progarain in the early 70s Cities I have worked for are � Lakeland Lahehaan d Shores St Croix beach St, Mary's point Lake Elmo 1.3 yrs Oakdale 1\ St Paul 19 yrs W St Paasad 4 yrs White Bear Lake :3' yrs 1:0, to,a na twp W Lakeland twp I am well versed in the control and inaanaaagement of wild life in urban areas Have been as volunteer with. the, university of Minnesota raptor renter and the wild life rehabilitation center Illy goals in this husinaess are and always ]men responsible aaud knowledgable aanhoul ownership and a safer entviro4unent, fo animals and people. 5--,4012 CITY OF LAKE ELMO ANIMAL CONTROL SERVICES �yr�9e .'JO1T��4? 10 4��tb Regular Hours Winter Spring Summer Fall Retainer Fee (Per month) Fee per Call Animal Picked Up va ' Dry Run (Not Found) After Hours Rate cv Holiday Rate Weekend Rate Patrol Rate (per hr.) Emergency Kenneling Fee Max. #Hour Paperwork Fee k. Citations Notices Licenses d u J ,e e, Reports Lost/FourdA Mileage d Other Fee(s) f Y - �1 ' ; ,+�{ vt s'+t- a �-• � ,,,;€k,�� ;4 � ur� � �y A�[�L�u�'"�" �' � �`$. �„ � �4a Impound Fee Shelter Location No. Days Daily Impound Fee Relinquishing Fee Administration Fee Bordatella Emergency Facility Fee 6 c rr / ~"'"'r`'�' �+ Location Other Fee s �. .ter >,.✓ TJ,� �'�/-x FROM :SIR FAX NO. :6517735898 Mar. 02 2006 11,33HM pi TF MIDD/M THIS CEFMFICATE IS ISSUED AS A M4TTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE OlERTIFICATE Star Imuranre Agency HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND on ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 2682 East County Rd E NIES,AFFORDING COVERAGE Whitp Dear Lake, MN 55110 COMPANY A MN JOINT UNDERWRITING ASSOC. COMPANY MIKE SMITI-1 PROGRESSIVE COMPANY 2218 HIGHWAY 55 NEW RlrHMOND WI 54017 COMPANi D "'M YKIRI-.�T*,�'. N=l W2 N J-1 'PHIS is To CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWIT14STANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRAST OR OTHER DOCUMENT WITH RESPECT TO WHICH THIq CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED 13Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO IYPE Of 114,110MANCE POLICYNUMBER POLICVfrFEOTIVE POLICY EXPIRAY101a LTR nATE(MM/I)))^ DATP IMIA/00/" LIMITS A CARNGRAL LIABILITY ArmpALAMOREOATE C.9 M M E R C-I-A1,—Gr'NE HA_L LIA-0111TY CLAIMP MADE [x I 0amir; 0601,51 12116/200S 07/01/2006 'r4R­-8-0 NAL&A DV INJ'u'q'y OWNffIlls&CONTRACTOR'S PROT FACH OCCURRENCE FIRE DAMAGE(Anyone llm) MrD P91'(Any one person) ., s AUTOU08IE:14�NUTV ANY AUTO COMBINED SINOLE UM(r ALLOWNFOAUTOS 03393826-0 02/14/2006 02114/2007 EX)DILYINJUnYXscHrpuf-m AUTOS HIRFTj AUTOS BODILY INJURY NON-LWNED AUTOS (Per scoldiml) PROPERTY DAMAGE p —JQAnA09MAftfI.ITY AUTO ONLY-EA ACCIDENT ANY AUTO _OTHER THAN AUTO ONLY: -FACII ACCIDENT ACC'DEN'AeCIREGATE R EXCESS LIABILITY U JE CE EACH 0 rrURFIE!NCE UMBRELLA MHM AGGRFAATr— $ OTI-IrR TITAN UNItirRELLA FORM ....... --—--------------------- WORKERS COMPENSATION"D EMPLOVEMS'LIABILITY STATUTORYUMITe THE PRDP TC Z INCL EACH ACCIDENT 019WF,POLICY LIMIT 9 PARtNEIlTlFXE0(JtlVF. OFFr,ERq ARE: DISEASE-EACH EMPLOYEE s OTHER DESCRIPTION OF OP,5RAT)Li;�471—.a,TlOtISNCHIC: E41$F1 CIA—L ANIMAL CONTROL OFFICER '21 VT ERNIE NORTH SAINT PAUL POLICE' DFvr. SHOULD ANY' OF THE ABOVE DESCRIBE) POLICIrs HE CANCELLED Kfam THE FAX 747-2600 EXPIRATION PATE THEREOF, THII )ESUING COMPANY WILL 90FAVOR TO MAIL Z)AVG WA17TEII NOTICE To MIL,cbK I 1HUAfE HOLDER mmun To-Vtlr Lt:vy. RUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO ORUGATION OR LIABILITY OP ANY KIND UPON THE OGNIPANY, ITS AQ9vNT$ OR REPRE.-;LNTArIVE8. AUTHON"b REPRI53151117AT M. v ............ ........ Zw Lake Elmo Agenda Section: Building/Fire/Maintenance No. 7 City Council April 18, 2006 Agenda Item: A. Building Dept. Monthly Update. B. Miscellaneous Background Information Action Items: Person responsible: Informational. No action needed. J. McNamara Attachments: Summary Building Report for March Summary Building Report March ear o Date Permits Permits Issued Valuation Issued Valuation New Residential 4 $1,592,229.00 New Residential 5 $2,181,988 New Commercial 0 $0.00 New Commercial 2 $1,108,080 Other Residential 23 $501,685.00 Other Residential 60 $1,694,759 Other Commercial 1 $35,000.00 Other Commercial 7 $177,904 Total 28 $2,128,914.00 Total 74 $5,162,731 Total Building Fees Collected $37,915.01 Total Building Fees Collected $83,597.45 Summary Plumbing Report Summary Plumbing Report Plumbing 6 $79,400.00 Plumbing 12 154,300 Total Plumbing Fees Collected $678.00 Total Plumbing Fees Collected $1,156.00 a a Summaa HVAC Report Summary HVAC Report a HVAC 11 $120,100.00 HVAC 25 341,255 Total HVAC Fees Collected $930750 Total HVAC Fees Collected $3,212.05 Summary Grand Total Fees $39,523.51 Summary Grand Total Fees $87,965.50 Surcharge Fee Paid to State $1,069.61 Surcharge Fee Paid to State 3120.74 SAC Fees Paid to Met Council $0.00 SAC Fees Paid to Met Council $0.00 WAC Fees Paid to Oakdale $0.00 WAC Fees Paid to Oakdale $0.00 Misc. Expenses $0.00 Misc. Expenses $0.00 Total Fees Retained $38,453.90 Total Fees Retained $84,844.76 Credit Fees to Bldg $26,528.90 $ Credit Fees to Bldg 65,519.76 Credit Fees to Water $11,700.00 Credit Fees to Water 19,100.00 Credit Fees to Sewer $225.00 Credit Fees to Sewer 225.00 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-037 A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS WHEREAS, A resolution of the City Council adopted the 2 1"day of March, 2006, fixed a date for a council hearing on the proposed improvement of the 2006 Street Repairs—Tablyn Park Neighborhood.. AND WHEREAS,ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 18''day of April, 2006, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 18`l' day of April, 2006. 3. Tom Prew, TKDA, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 4. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of the tax exempt bond. ADOPTED BYTHE CITY COUNCIL this 18'h day of April, 2006. Dean A. Johnston,Mayor ATTEST: Martin J. Rafferty, City Administrator TKDA ENGINEERS•ARCHITECTS•PLANNERS 1500 Piper Jaff ray Plaza 444 Cedar Street Saint Paul,MN 55101-2140 (651)292-4400 April 13, 2006 (651)292-0083 Fax p www.lkda.com Honorable Mayor and City Council City of Lake Elmo,Minnesota Re: Approve Plans and Authorize Advertisement for Bids Tablyn Park/Lake Elmo Heights Watermain Project City of Lake Elmo, Minnesota TKDA Project No. 13524.000 Dear Mayor and City Council: Plans and Specifications are complete on the Tablyn Park/Lake Elmo Heights Watermain Project. This project will provide water for over 200 residences in an area of the City which has many wells contaminated with PFOA and PFOS. Much of the project will be performed by directional drilling. Services will be extended into each existing home. Subsequent projects will connect the municipal water to the home's plumbing. However,this will generally not occur until the new water tower is completed in the late fall. Following water service installation, each residential well will be sealed. City Council Action Requested Approve the Resolution approving the Plans and authorizing the Advertisement for Bids. Sincerely, Thomas D. Prew, P.E. City Engineer TDP:art An Employee Owned Company Promoting Affirmative Action and Equal Opportunity CITY OF LAKE ELMO WASHINGTON COUNTY,MINNESOTA RESOLUTION NO. 2006-036 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISMENT FOR BIDS FOR TABLYN PARK/LAKE ELMO HEIGHTS WATERMAIN PROJECT WHEREAS,the City Engineer has prepared plans and specifications for the TABLYN PARKILAKE ELMO HEIGHTS Water main Project and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published fox two weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at the May 16,2006 Council meeting, in the Council chambers of the City Hall, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit,cashier's check, bid bond, or certified check payable to the clerk for 5% of the amount of such bid. ADOPTED BY THE COUNCIL this 18'h day of April, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9A City Council April 18, 2006 Agenda Item: Final Plat& Development Agreement—"Discover Crossing" Background Information for April I8,2006• The City Council approved the OP Development Stage Plan, Preliminary Plat and OP Conditonal Use Permit for this 28 lot neighborhood on August 16, 2005. The plat specified that no more than 25 lots be platted as buildable Iots, but that 3 potential future lots be platted as outlots pending OP density/zoning amendments then contemplated during 2006. While those amendments have not as yet taken place, it continues to appear that they will be undertaken for compliance with the recently approved Comprehensive Plan in 2006. This is the first OP plat for which we have submitted the Final Landscape Plan to the City '-'-, Est , fc� recommendations. A copy of her review memo is attached. It is suggetesd that Final Plat approval be subject to compliance with those recommendations in adtion to the normal conditions for final plats. The Conservation Easements and HOA Declarations continue to be under construction/review by the City Attorney and Minnesota Land Trust—normally not completed until after City Council Final Plat approval. It appears that the Final Plat (and final construction plans as approved by the City Engineer) comply with the provisions of Section 400 of the City(platting) and Section 301 (Open Space Development) as well as the approved Preliminary Plat, including conditions of approval. Staff has preapred a draft Development Agreement for the plat which has also been reviewed by and concurred in by the City Engineer. Pers nsible• Action items: 03-7 Motion to adopt Resolution#2006—approving the Final Plat, OP C r Final Plan and Development Agreement for``Discover Crossing per plans staff dated April 13, 2006 1 Attachments: 03-7 Time Allocated: 1. Draft Resolution#2006—Approving Final Plat/Agreement 2. City Engineer's Approval Email 3. City Forester's Review memo 4. Draft Development Agreement 5. Resolution#2005-086 6. Approved Preliminary Plat 7. Final Plat f i CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-037 A RESOLUTION APPROVING THE OPEN SPACE PRESERVATION DEVELOPMENT FINAL PLAT, OP FINAL PLAN,AND DEVELOPMENT AGREEMENT FOR DISCOVER CROSSING WHEREAS,on the 16th day of August, 2005,the Lake Elmo City Council approved the OP Development Stage Plan,Preliminary Plat and OP Conditional Use Permit for Discover Crossing. The property is legally described as: The East one-half of the Northeast Quarter(E %2 of NE '/4)of Section Two (2), Township Twenty-nine (29)North, Range Twenty-one (21) West, according to the plat on file and of record in the office of the Register of Deeds of Washington County,Minnesota. Excepting: The East 787.00 feet of the North 657.77 feet of the Northeast '/4 of the Northeast '/4 of Section 2, Township 29 North, Range 21 West, Washington County, Minnesota, as measured at a right angle to the East and North lines of said Northeast 1/4 of the Northeast 1/respectively. WHEREAS, on the 18'h day of April, 2006, the Lake Elmo City Council reviewed the Final Plat of Discover Crossing. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of Lake Elmo does hereby approve and accept the Final Plat,per plans staff dated April 13, 2006 and Development Agreement for Discover Crossing,as the same on file with the City Administrator based on the following conditions: 1. Compliance with the recommendations of the City Forester 2. Compliance with the recommendations of the City Engineer. ADOPTED by the Lake Elmo City Council on the 18`h day of April, 2006. Dean A.Johnston ATTEST: Martin J. Rafferty, City Administrator Page 1 of 1 Chuck Dillerud From: Thomas D. Prew[prew.td@tkda.com] Sent: Thursday, April 13, 2006 11:52 AM To: Chuck Dillerud Subject: RE: Discover Crossing DA- Latest Version I have reviewed the construction plans and specification for Discover Crossing and they meet our City standards. Tom From: Chuck Dillerud [ma!Ito:Chuck.Dillerud@lakeelmo.org] Sent: Thursday, April 13, 2006 11:46 AM To: Thomas D. Prew- Subject: RE: Discover Crossing DA - Latest Version OK. With something from you saying the construction plans are OK I will take the plat to the CC Tuesday-which I have to write in the next couple of hours since we don't work here tomorrow. CED From: Thomas D. Prew [mailto:prew.td@tkda.com] Sent: Thursday, April 13, 2006 10:58 AM To: Chuck Dillerud Subject: RE: Discover Crossing DA - Latest Version Yes this is good! Tom From: Chuck Dillerud [mailto:Chuck.Dillerud@lakeelmo.org] Sent: Thursday, April 13, 2006 10:56 AM To: Thomas D. Prew Subject: Discover Crossing DA _ Latest Version Tom Does the attached look OK to you? CED 4/13/2006 To: Chuck Dillerud, Planner Planning Commission City Council V City of Lake]Elmo )4' From: Kathy Widin Forestry Consultant kdwidin@comeast.net (651)777-5510 Pxt. 5507 Re: Discover Crossing,Planting Plan 4/11/06 I have reviewed the proposed planting plan (dated 3/24/06) which has been submitted for the Discover Crossing development, and have the following comments: 1. Design Concept There seems to be little in the way of design for this planting plan,possibly because the plan represents supplemental planting along the roadways in a development where there are already a number of existing trees. On such a site, informal, naturalistic plantings best complement the existing native woodland and planted evergreens and fruit trees. The plan is a bit confusing in that new trees are being placed in and among existing trees. The identification labeling of existing and proposed trees is often difficult to read. In a number of cases,the plan makes it look as if new trees are being planted in locations where there are already existing trees. Are the existing trees in these cases to be removed? Are existing trees being represented by smaller icons and then the larger circles represent their combined canopies? A plan legend which also contains identification of the icons for the different types of existing trees would be helpful. 2. Plant Species For the most part, species appear to be appropriate for the site. I have specific recommendations regarding some of the species or cultivars,however: a. `Patmore' green ash—the emerald ash borer is a serious insect pest in other Midwestern states. Minn. Dept. Agriculture anticipates its arrival in Minnesota in the next few years. I recommend limiting the number of ash in the plan to limit future damage to plantings. Substitute 1/3 to 1/2 of the proposed ash with a mix of other species such as hackberry,river birch, `Whitespire' birch, ironwood, disease-resistant elms, or bicolor oak. b. sugar maple—this species does best on sites which have a loamy soil with generous amounts of organic matter. Very sandy or heavy clay soils are not suitable for growth of sugar maple. In those types of soils, limit use of sugar maple and plant.cultivars of red maple or"Freeman" maples instead. Discover Crossing Planting Plan Review—4/11/06—2 c , Colorado (green and blue) spruce—Colorado spruce is not native to Minnesota and suffers site stresses which make it susceptible to several serious fungal diseases as it ages. Limit the use of Colorado spruce and substitute some Black Hills' white spruce, white pine, and site-tolerant non- native species such as Norway spruce, or concolor fir instead. d. Amur maple--this large shrub/small tree is becoming more of a problem in regard to invading native woodlands, due to its prolific seed production and its tolerance of a wide range of sites. It is a beautiful plant which establishes well, but should be used sparingly. Substitute serviceberry,pagoda dogwood, viburnums and black chokeberry for some of the Amur maple. Serviceberry and pagoda dogwood d6 particularly well in semi-shaded locations. Dwarf bushhoneysuckle is a native shrub which is smaller but does well in a wide range of site conditions. e. Crabapple cultivars— 'Pink Spire', `Radiant' and `Snowdrift' are susceptible to the fungal disease, apple scab, which can make flowering crabs high maintenance plants. Use more disease-resistant varieties such as 'Professor Sprenger', `Prairie Fire', `Thunderchild' and `Indian Summer'. 3. Tree Protection Soil disturbance around roots of trees to be saved should be limited as much as possible to avoid permanently damaging trees which the developer intends to save. I see little protective fencing being used on site. What means are being(will be)used to protect trees from construction impacts? The Planting Plan contains the following note regarding Existing Trees"field verify and flag trees to be protected and saved with Owner and Consultant". Has this been done for the development phase or it is only being done at the individual lot level? Does "Consultant" refer to a consultant hired by the development company or the Lake Elmo Forestry Consultant? Trees to be retained in any phase of development should be protected and fenced out to their branch spread,if possible. It is much more effective to protect trees during development than attempt to improve their health after the construction impacts have caused irreversible damage. 4. Planting Detail—there is no `Planting Detail" attached to the plan showing the method which will be used for tree and shrub planting. This is usually a standard attachment for any landscape or planting plan. 5. Required No. of Trees—Lake Elmo Zoning Code requires that there be at least 10 trees per building lot. The submitted Planting Plan contains the Note that"Lot planting by Owner/Builder will meet City minimum of 10 existing and/or planted trees." If you have any questions regarding this review and report, please contact me. ff k DEVELOPMENT AGREEMENT March 17, 2006 CITY OF LAKE ELMO Discover Crossing 1.00 Parties. This Agreement is dated the day of 2005, and is entered into by and between City of Lake Elmo, a Minnesota municipal corporation (herein "City"); and Discover Crossing Investments LLC, a Minnesota limited liability company (herein "Developer"). 2.00 Property Description. The Developer represents that it is the record fee owner of property described on Exhibit A, attached and incorporated herein, which will be platted as Discover Crossing. 3.00 Final Plat Approval. On the day of , 2005, the City Council approved the final plat of Discover Crossing, which is attached and incorporated as Exhibit B. The City's approval was conditioned upon the Developer entering into this Development Contract. 4.00 Terms and Conditions. NOW, THEREFORE, in reliance upon the representations } contained herein; in compliance with the City's Zoning and Subdivision Regulations; and in consideration of the mutual undertakings herein expressed, the parties agree as follows: 4.01 Developer Improvements. The Developer shall construct the following improvements in compliance with plans and specifications which have been reviewed and approved by the City's Consulting Engineer, which are attached and incorporated herein as Exhibit C : A. Site Grading and Turf Restoration. Site grading improvements shall include common excavation, subgrade correction, embankment and pond excavation. Turf restoration shall include seeding, mulching and erosion control. 1. Site Grading Improvements shall be completed on or before the 31 st day of August, 2006. 2'. Turf restoration improvements shall be completed on or before the 315t day of October, 2006. B. Landscaping. Developer shall complete all landscaping improvements on or before the 30t day of June,2007. C. Storm Sewer. Storm sewer improvements include all necessary storm sewers, catch basins, culverts, and other apparatus. Storm sewer improvements shalt be completed by the 315t day of August ,2006 . D. Street Improvements. Street improvements include subgrade preparation, gravel base, bituminous surfacing, bituminous curb and concrete curbs, where required. 1. Unusable material within the roadway shalt be removed by the Developer. 2. All subgrade excavation and filling shalt be completed by the Developer in accordance with MNDOT's specifications. The City reserves the right to test as necessary, at the Developer's expense, all grading work. A test roll of the street subgrade shalt be passed prior to acceptance of the subgrade by the City. 3. Subgrade and the initial course of street improvements shall be completed by the 30th day of September, 2006. The final wear course of the street shall be completed by the 31 st day of August, 2007. E. Waste Water Treatment System/Drain Field. The waste water treatment system/drain field shall be comprised of a series of pipes, septic tanks, treatment ponds, drain fields and appurtenances, and shall be completed prior to the issuance of any certificates of occupancy. F. Street Signs. The City will order and install street signs. The Developer shall pay for at( costs incurred by the City. G. Water Main. Water main improvements include pipes, hydrants and appurtenances and shalt be completed on or before the 315t day of August, 2006. Developer is over-sizing water mains and the City shall reimburse Developer in the amount of $182,689 for such over-sizing. 2 4.02 Estimated Cost of Developer Secured Improvements. The estimated costs of Developer constructed improvements are as follows: Improvement Estimated Cost Site Grading/Turf Restoration (Valley Branch Watershed) Landscaping/Trails $ 308,000 Storm Sewer $ 310,000 Street Improvements $ 194,000 Waste Water Treatment System/Drain Fields $ 485,000 Street Signs $ 1,000 Water Mains $ 318,000 Subtotal $1,616,000 Total Security Required (125% of Improvements) $2,020,000 4.03 Improvement Security. Prior to the City's endorsement of approval on the final plat, the Developer shall deposit,security with the City Administrator in an amount equal to 125% of the City Engineer's estimate of the cost of constructing the Developer secured improvements which have not been completed and accepted by the City prior to final plat approval. The security may be in the form of a cash escrow fund, a performance bond, or a letter of credit. The form of security shall be approved by the City Attorney. 4.04 Reduction of Security. Upon completion of required improvements for the Property and acceptance by the City, the City Council shall reduce the amount of security for the completed improvements provided that in no case shalt the total remaining security be equal to less than 125% of the estimated costs of the incomplete improvements. 4.05 Administrative Fees. Developer agrees to pay an administrative fee to the City in an amount equal to 2.5% of the Developer's secured improvements. The administrative fee for this project equals $40,400. 4.06 Utility Company Improvements. The utility improvements include underground gas, electric, and telephone service as installed by the appropriate utility company at the direction of the Developer. The Developer shall arrange for the installation of underground gas, electric, telephone and cable television before the final lift is started. Utility improvements shall be completed by the 31 st day of October, 2006. 3 4.07 Recording Requirements. Prior to the conveyance of any of the lots in Discover Crossing, and except as hereinafter provided, prior to the issuance of any development permits, the Developer shall provide the City with evidence that the following documents have been recorded. A. Plat. B. A Declaration of Covenants in a form approved by the City's Attorney. The Declaration of Covenants shall include the following provisions: 1. Require the Homeowner Association to be responsible for the Owner's obligations as contained in the appropriate Conservation or Open Space Easements. 2. Require the Homeowner Association to maintain and operate the waste water treatment system/drain field. 3. Provide that, in the event of a failure by the Homeowner Association to satisfy the obligations defined in Section 4.07E and its subdivisions of this Development Agreement, as determined by the City's Consulting Engineer, the City may undertake such obligations and assess all costs incurred to the Homeowner Association; and in such event, the Developer for itself and for the Homeowner Association hereby waives the requirements otherwise imposed by MS 429. 4. Provide that any provisions in the Covenants relating to the obligations defined in Section 4.07B and its subdivisions of this Development Agreement may not be repealed or amended without consent of the City. C. Homeowner Association Articles of Incorporation. E. A Conservation Easement from the fee owners of the Open Space Outlots to the Minnesota Land Trust and the City, attached and incorporated as herein Exhibit 0. F. Valley Branch Watershed District permit. 4.08 Public Use Dedication. The Developer's public use dedication requirement for Discover Crossing shall consist of the following: A. a payment in the amount of $173,880; 4 4.09 Inspection. The City shall provide the services of a Resident Project Representative (and assistants as agreed)at the site to provide more continuous observation of the Contractor(s) work. The Resident Project Representative's dealings in matters pertaining to the on-site work shall in general, be only with The City and the Developer, and dealings with contractors shall only be through or with full knowledge of the Developer. Through the observations of the work in progress and field checks of materials and equipment by the Resident Project Representative shall endeavor to provide further protection for the City against defects and deficiencies in the work of the Contractor; but the furnishing of such resident Project representation will not make City responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or for the Contractor's failure to perform his work in accordance with the Contract Documents. The developer shall pay the City the sum of $35,000 for the City inspection services. The City shall be provided a minimum of 24 hours notice prior to the commencement of underground pipe laying; and prior to subgrade, gravel base, and bituminous surface construction. Developer's failure to comply with the terms of this section shall permit the City Engineer to issue a stop work order which may result in rejection of the work and which shall obligate the Developer to take all reasonable steps, as directed by the City's Engineer, to g insure that the improvements are constructed and inspected pursuant to the terms of this Agreement; and shall further result in the assessment of a penalty in an amount equal to 1%, per occurrence, of the amount of security required in Section 4.03 of this Agreement. 4.10 Prior Land Occupancy. No Certificate of Occupancy shall be issued for g s any homes until the first course of a public street is completed and approved by the City Engineer, and the developer has provided the City a certified "as built" of the mass grading of the site which complies with the approved grading plan. if homes are occupied prior to completion of street improvements and acceptance by the City, Developer shall provide all maintenance necessary for such streets including snowplowing, until final acceptance by the City. 4.11 Binding Effect. The terms and provisions of this agreement shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property. This Agreement, at the option of the City, shall be placed of record so as to give notice thereto to any subsequent purchasers and encumbrancers of all or any part of 5 the Property and all recording fees, if any, shall be paid by the Developer. 4.12 Notices. Whenever in this Agreement notice is required to be given by one party to the other, such notice shall be delivered personally or shall be sent by certified mail, return receipt requested to the following addressees. Such notice shall be deemed timely given when delivered personally or when deposited in the mail in accordance with this section. If to the City: Mr. Martin Rafferty City Administrator City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 If to the Developer: Discover Crossing Investments, LLC 118 South Main Street Stillwater, MN 55082 4.13 Incorporation by Reference. AR plans, special provisions, proposals, specifications and contracts for the improvements furnished and let ' pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein. 4.14 Default. The occurrence of any of the following shall be considered an "event of default" in the terms and conditions contained in this Agreement: i A. Failure of the Developer to comply with any of the terms and conditions contained in this Agreement. B. The failure of the Developer to comply with any applicable ordinance or statute with respect to the development of the Property. 4.15 Remedies. Upon the occurrence of any event of default, the City, in addition to any other remedy which may be available to it, shall be permitted to do any of the following: A. City may make advances or take other steps to cure the default, and, where necessary, enter the Property for that purpose. The Developer shall pay all sums so advanced or expenses incurred by the City, upon demand, with interest from the dates of such 6 advances or expenses at the rate of 10% per annum. No action taken by the City pursuant to this section shall be deemed to relieve the Developer from curing any such default to the extent that it is not cured by the City or from any other default hereunder. The City shall not be obligated, by virtue of the existence or exercise of this right, to perform any such act or cure any such default. The Developer shall save, indemnify, and hold harmless, including reasonable attorney fees, the City from any liability or other damages which may be incurred as a result of the exercise of the City's rights pursuant to this section. B. Obtain an Order from a Court of competent jurisdiction requiring the Developer to specifically perform its obligations pursuant to the terms and provisions of this Agreement. C. Exercise any other remedies which may be available to it including an action for damages. D. Withhold the issuance of any or all building permits and/or prohibit the occupancy of all building(s) for which permits have been issued. E. In addition to the remedies and amounts payable as set forth herein, upon the occurrence of an event of default, the Developer s shall pay to the City all fees and expenses, including reasonable attorney, engineering and consulting fees, incurred by the City as j a result of the event of default, whether or not a lawsuit or other action is formally taken. 7 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be executed as of the date and year first above written. CITY OF LAKE ELMO, a Minnesota statutory city Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2004, before me, a notary public within and for said county, personally appeared Dean Johnston and Martin Rafferty, to me known to be respectively the Mayor and City Administrator of the City of Lake Elmo, and they executed the foregoing instrument and acknowledged that they executed the same by authority of and on behalf of City of Lake Elmo. z F f Notary Public [SIGNATURES CONTINUED ON FOLLOWING PAGE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] By: STATE OF MINNESOTA ) } ss. COUNTY OF ) On this day of _ 2005, before me, a notary public within and for said county, personally appeared , to me known to be the of , a Minnesota limited liability company, and he executed the foregoing instrument and acknowledged that he executed the same by authority of And on behalf of the company. Notary Public [SIGNATURES PAGE TO DEVELOPMENT AGREEMENT] a 9 CITY OF LAKE EL11 O WASHINGTON COUNTY,MIl®NESOTA RESOLUTION NO. 2005- ' A RESOLUTION APPROVING THE OPEN SPACE PRESERVATION DEVELOPMENT STAGE PLAN, PRELIMINARY PLAT, AND CONDITIONAL USE PERMIT OF DISCOVER GROSSING. WHEREAS, on the 21"day of April, 2005, MBM Development,LLC ("Applicant") and Elizabeth Lundquist submitted a completed application requesting that the City of Lake Elmo approve an Open Space Preservation Development Concept Plata for 24 residential lots on 71.6 acres; and WHEREAS, on the 9"' day of May, 2005, at a public hearing, the Lake Elmo Planning Commission reviewed the Development Application, the City Planner's reports and comments, the comments of the Applicant and the Applicant's representatives, and recommended approval of the Development Application; AND WHEREAS, on the 25t' day of July, 2005, at a public hearing, the Lake Elmo Planning Commission reviewed the Development Stage Application, the City Planner's reports and comments, the comments of the Applicant and the Applicant's representatives, and recommended approval of the Development Application based upon the following Findings: 1. The application is in compliance with the approved Concept Plan. 2. The application generally complies with the OP Ordinance Design Standards. 3, The OP Development Stage Plan and Preliminary Plat complies with City Code for issuance of a Conditional Use Permit for an OP Project. 4. The Preliminary Plat and Plan, upon compliance with the City Engineer's recommendations, comply with the Development Stage Plan and design standards of the Subdivision Code. And subject to the following Conditions: 1. Deletion of the project monument sign. 2. The Final Plat shall include no more than 25 building lots unless the Comprehensive Plan/Zoning Ordinance has been officially amended to allow a higher lot count. The final platting of Outlots A, B and/or C will only be on the basis of the Zoning Ordinance density allowed for OP development. 3. Compliance with Valley Branch Watershed District recommendations as determined to be applicable by the City Engineer. 4. Compliance with the recommendations of the City Engineer, specifically as to street widths. i 5. Compliance with the recornme-ridations of the City Attomey, specifically as to the City's liability regarding the use of"color-stamped"roadway paving to encourage pedestrian/bike utilization 6. The Final Plat shall include right-of-way for a fixture Highway 36 service road in a location and to a width recommended by the City Engineer. 7. The applicant and City Engineer are encourage to maintain private utility placement within 3 feet of the paved road surfaces to preserve existing trees. NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council llerLby: Approves the Open Space Development Stage Plan, Preliminary Plat, and Conditional Use Permit for DISCOVER CROSSING as illustrated on the Preliminary Plat prepared by Folz, Freeman,Erickson, Inc., dated July 5 , 2005. 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"'b S�••b ; J s '` rib ;I � �,e"/ ,�' e�$k\�fp `'� �V / �'� m a a� w I S S n �° R,•. ,� '�m � I a MSro ?SY�+ �S R /"4----o�• 1�' \a I I �1 g3 "/AG6 � ` _ �i I 295.476ASEMF i[i1y H I �r 0 to R ! N0245.02`W-_-'-- ` .� Y�d�� 170,53 0� ��Yy / 472.83 50037'21 - WEST UNE SE 114 OF 1300.37 x t N 00.37°24" W 1316.05 a g �� i iggz � DISCOVER CROSSING SHEET 3 OF 3 SHEETS Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9B City Council April 18,2006 Agenda Item: OP Development Stage Plan/Preliminary Plat and CUP—"Hidden Meadows" Background Information for April 18,2006: The Planning Commission considered this OP Plan/Plat/CUP to create 26 single family lots (25 new and 1 existing) at meetings March 27 and April 10, 2006. The Official Public Hearing was conducted on March 27, and the applications were then tabled pending resolution with the City Engineer of several infrastructure design issues, and submission by the applicant of a screening plan along the east site boundary to comply with OP standards where a 100 foot OP buffer is proposed. The majority of the infrastructure design issues were resolved with the City Engineer by April 10, and the applicant presented the screening plan at the April 10 Commission meeting. Following substantial discussion the Commission decided to recommend the applicant's proposed screening plan to be compliant with the intent of the OP buffer standards. Public Hearing testimony focused on a request by an adjoining (at the extreme southwest comer)property owner for a public street extension to the south plat boundary. That neighboring 20 acre parcel is accessed via an easement to Keats that was created when a 40 acre parcel was divided, with City approval, into 2 "shotgun" 20's several years ago. The property owner advised the Commission that he desires a direct public street access through this plat to eliminate a long easement driveway and enhance the potential to further divide the 20 acre parcels (perhaps to 10's) in the future. The Commission does not recommend the street extension be required. A second adjoining property owner requested that the trail along the west perimeter of the plat be moved away from the property line. The applicant has agreed to do so. The Commission has unanimously recommended that the OP Plan/Plat/CUP be approved. Person res onsibie: Action items: } Motion to adopt Resolution#2006 -�p roving the OP ity I Development Stage Plan/OP Conditional Use Permit and Preliminary Plat for"Hidden Meadows of Lake Elmo per plans staff dated April 13, 2006 and subject to conditions of approval as recommended by the Planning Commission. Attachments: C)3 c Time Allocated: 1. Draft Resolution#2006—Approving Plat/Plan/CUP 2. Location Map 3. Planning Commission Minutes of March 27 and April 10 4. Planning Staff Reports of March 24 and April 6 5. Documentation and graphics CITY OF LADE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-038 A RESOLUTION APPROVING THE OPEN SPACE PRESERVATION DEVELOPMENT STAGE PLAN, PRELIMINARY PLAT, AND CONDITIONAL USE PERMIT OF HIDDEN MEADOWS OF LAKE ELMO. WHEREAS,on the 301h day of June, 2005,Pat Finney of Hidden Meadows Development, LLC ("Applicant") submitted a completed application requesting that the City of Lake Elmo approve an Open Space Preservation Development Concept Plan for a residential subdivision on 69.68 acres of a 108.62 acre parcel;AND WHEREAS, on the 25th day of July, 2005, at a public hearing, the Lake Elmo Planning Commission reviewed the Concept Plan, -.the City Planner's reports and comments, the comments of the Applicant and the Applicant's representatives, and recommended approval of the Concept Plan; AND WHEREAS, on the 201h day of September, 2005, the Lake Elmo City Council reviewed changes to the Concept Plan, the City Planner's reports and comments dated September 6, 2005, the comments of the Applicant and the Applicant's representatives, and recommended approval of the Concept Plan. WHEREAS, on the 27th day of March, 2006, at a public hearing, the Lake Elmo Planning Commission reviewed the Development Stage Application, the City Planner's reports and comments, the comments of the Applicant and the Applicant's representatives, and recommended approval of the OP Development Stage Application, Conditional Use Permit, and Preliminary Plat of HIDDEN MEADOWS OF LAKE ELMO based upon the following Findings: 1. The OP Development Stage Plan and Preliminary Plat are generally compliant with the approved OP Concept Plan, and condition of Concept Plan approval. 2. The Development Stage Plan is compliant with the standards of Section 301 of the City Code(Open Space Development). 3. The Preliminary Plat and preliminary construction plans are compliant with Section 400 of the City Code(platting). 4. The Conditional Use Permit complies with the pertinent findings required by Section 300.06 of the City Code. `And subject to the following Conditions: 1. Compliance with the recommendations/requirements of the City Engineer, 2. Compliance with the recommendations/requirements of the Valley Branch Watershed District as found to be appropriate by the City Engineer, 3. Relocation of the trail along the west property line to a location further to the east. r + NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council hereby approves the Open Space Development Stage Plan, Preliminary Plat, and Conditional Use Permit for HIDDEN MEADOWS OF LAKE ELMO, as illustrated on the Preliminary Plat prepared by Kimley-Horn and Associates,Inc.,dated March 3,2006. ADOPTED,by the Lake Elmo City Council on the 18'h day of April, 2006. Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator lExcerpt Draft Planning Commission Meeting Minutes April 10, 2006 Preliminary Plat of HIDDEN MEADOWS OF LAKE ELMO Preliminary Plat Continued: HIDDEN MEADOWS OF LAKE ELMO The Planner explained this application was tabled after the Public Hearing was conducted on March 27, 2006. The City Engineer's Memo reflects a few items of concern and there remains the issue of increasing the vegetative screening buffer on the easterly boundary because it is reduced from 200 to 100 feet with the neighboring parcel being eligible for OP development in the future. An e-mail received from the Engineer this afternoon was distributed. M/S/P, Deziel/Lyzenga, to remove from the table. Vote: 8:0. Paul Danielson, Kimley-Horn.Associates Mr. Danielson presented a slide show with photographs of the site and the church site. He presented his plans for landscaping within the buffer zones that showed the planting of six foot spruce trees at the edge of the tree line within the new backyards. He said the site is gently rolling and the area of the buffer is at the toe of a slope where it would be impractical to try to build a berm where there are already concerns for drainage due to the topography of the site. Mr. Dyer Mr. Dyer asked about access for his neighbor who is landlocked. That neighbor has an ingress and egress easement across his property. He said he has approached the applicants several times since 2004, not just three or four months ago. He was hoping that as a good neighbor,the applicants would provide access for the landlocked parcel as well as for him to subdivide. it would increase tax revenue and might help with density issues. The developer would be better served by doing it. He asked if it is incumbent upon the developer to think about the effect on neighboring parcels. He is not a fan of pocket developments. Church members have no other options to get out of the site toward Lake Elmo Avenue. He said our pocket developments are like Minnetonka. He asked if Minnetonka has had issues with that type of development or is it successful. The Planner said the City can and often has established street stubs. To what extent it is done is relative to policy. Minnetonka had few if any through streets in the 1960's and 1970's. It was successful in some cases and in others it created public safety problems. The City of Minnetonka corrected some of the problems at considerable expense. The Lake Elmo City Council's desires have been, during his tenure,to maintain pocket neighborhood communities with a tight grid of thoroughfares. The Planner questioned whether the existing tree line would be year round effective,and he has not been to the site to make that detennination. Evergreen trees and the planting scheme would be fine under normal circumstances. Those new trees will essentially be in people's backyards and may not be maintained by the property owners. To screen the new houses might be impossible due to topography. Another option would be not to build two-story houses. The Planner explained that the original preliminary plat had a street stub to the south boundary as recommended by the Planning Commission but the City Council ordered it removed. A new plan for trail relocation was submitted to the City Engineer today. Excerpt Draft Planning Commission Meeting Minutes April 10, 2006 Preliminary Plat of HIDDEN MEADOWS OF LAKE E'LMO M/S/P, Armstrong/Deziel to recommend approval of the preliminary plat,development stage plan and conditional use permit for HIDDEN MEADOWS OF LAKE ELMO conditional upon implementation of the landscape plan presented tonight and conditional upon compliance with the City Engineer's comments and recommendations and the conditions and recommendations of the Valley Branch Watershed District Permit. Vote: 8:0. 7 j A r nen d ed/App ro ved: 4/10/06 City of Lake Elmo Planning Commission Meeting Minutes of March 27, 2006 Chairman Helwig called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Fliflet,Park, Van Zandt, Deziel,Roth, Schneider, Armstrong, Pelletier. STAFF PRESENT: Planner Dillerud,Administrator Rafferty, and Recording Secretary Anez. Agenda M/S/P, Pelletier/Van Zandt to accept the agenda as presented. Vote: 9:0. Minutes of February 27,2006 Commissioner Fliflet page two halfway down the page,it should say Home Office. Commissioner Pelletier page one nay vote last sentence only Pelletier stated.... Page three crazy to try to regulate Avon and those types of home parties-delete it. . M/S/P, Iliflet/Van Zandt to approve as amended. Vote: 7:0:2, Abstain: Roth and Schneider: Absent. Minutes of March 13,2006 Commissioner Fliflet page three motion to remove number six. Limit the number of hours not lateness of hours. i M/S/P, Roth/Fliflet to approve the Minutes of March 13,2006 as amended. Vote: 7:0:2, Abstain: Armstrong and Pelletier: Absent. 1 M/S/P, Fliflet/Schneider to ask Council for clarification about why they would not want to read ! commentary and discussion points on planning issues. Administrator Rafferty said staff will bring guidelines for the agenda to the next meeting. Vote: 9:0. Public Bearing: Preliminary Plat, Development Stage Plan and Conditional Use Permit for HIDDEN MEADOWS OF LAKE ELMO (Formerly known as Deer Glen) The Planner said the applicant has submitted two related applications on a 108.62 acre site at Keats and Highway 36. The preliminary plat is for a 68 acre portion of the 108 acres. The balance of the site has been previously preliminarily platted including the church site, the homestead site, and the roadway. Staff observed the preliminary plat essentially responds to the Concept Plan layout as approved. The Landscape Plan for the project is responsive to the OP Ordinance and Section 400 Subdivision requirements. C6ndition Number 5 for the east property line appears to have an existing tree line substituting for the 200 feet buffer. The City is looking for cross-sections to demonstrate the effectiveness of that buffer. The City Engineer indicates a number of items in an e-mail memo dated March 23, 2006, where there was not enough information provided by the applicant for him to finish a review. Staff recommends waiting for that supplemental information because of their number. Lake Elmo Planning Commission Meeting Minutes of March 27,2006 1 Amended/Approved: 4/I 0/06 Paul Danielson, Engineer,Kimley-Horn and Associates A change was made for the residential portion of the site and it was his intent to wait for a favorable response from the Planning Commission before submitting all of the engineering plans. He asked for a recommendation of removing some box elders in order to plant evergreens within that tree line. He said the conditions of the City Engineer are not a deal breaker and they could comply with submission requirements in time for the City Council Meeting. The cul-de- sac on the southwest corner was an issue. That was what was proposed at Concept Stage and the purpose is to slow down traffic and provide more green spaces. City standards for cul-de-sacs need to be provided. Cross sections for retaining walls were submitted. Those that require guard rails based on State standards will receive them. He is not sure it is necessary to get VBWD approval in order to get City approval. Storm sewer profiles were included in the submittal but he will provide as necessary. Septic system was provided in package for the church. Watermain sizing is not a huge issue. Trail widths and locations are not part of the City system so they were changed to loop within the neighborhood. Stubbing the trail to the east was discouraged by the Council. Conifers require a certain amount of light and the box elder canopy is too dense for them to survive. Roundabout was to calm traffic and to add nodes of common green space and broke up asphalt. - THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:35 P.M. Jim Dyer, 5435 Keats Avenue The Keats/Highway 36 intersection is going to fail and something needs to be done. It may not be the developer's fault or fully their responsibility. Pockets of development are all that are being created and you can't drive through neighborhoods anymore like you can in the TH-lakes Area. Another parcel of land south of Outlot E or Outlot F of 20 acres will be further landlocked to the north by this development. The developers are not interested in providing access to the south property line. That outlot would be a nice driveway for the landlocked parcel to the south. Maybe residents could drive down this street instead of Keats Ave. Steven Ziertman, 5761 Keats Avenue Owner to west of the church location. The trail changed from the original design. He would like to be sure the trail maintains the appropriate setback from his property line. The road is already in going into the church in the development. The city is putting the horse before the cart. The road should not have gone in until this application was approved. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:41 P.M. � Pat Kinney,Developer Mr. Dyer contacted the church asking the question about right of way. At this point'we are too far into the plans to change them now. The Council did not want the road going through to the east,why would they put one in to.the south. The southeast corner is hilly. They would have to redesign the whole plat two years into it. MIS/P, Armstrong/Schneider to table the preliminary plat, OP Development Stage Plan, and Conditional Use Permit of HIDDEN MEADOWS OF LAKE ELMO to the April 24, 2006 Meeting. Vote: 9:0. M/S/P,Armstrong/Schneider to amend the previous motion, and table the preliminary plat until such time as the Planner can return it to the Planning Commission. Vote: 8:01: Abstain: Lake Elmo Planning Commission Meeting Minutes of March 27,2006 2 MEMO (April 6,2006 for the Meeting of April 10, 2006) To: Lake Elmo Planning Commission From: Chuck Dillerud Subject: OP Development Stage Plan/Preliminary Plat/CUP — "Hidden Meadows of Lake Elmo" . As of the agenda closing time for the meeting of April 10 the City Engineer had not received plans from the applicant's engineer that reflect the required infrastructure design modifications or previously incomplete plan sheets. The two engineers have been conversing regarding these matters and I understand from both parties that most of the issues raised by the City Engineer regarding the plans (or lack thereof) can and will be resolved by April 10. I have requested (and will receive) a memo from the City Engineer to that effect by Monday's meeting. I have also conversed with the applicant's engineer regarding the buffer screening plans that are required to demonstrate the year-round effectiveness of screening in lieu of the full 200 foot OP buffer. As of the agenda publication time those plans are not completed, but I am assured they will be by Monday's meeting. Since "effectiveness" is clearly a judgment call, I have advised the applicant's engineer that I will place the applications on the April 10 Planning Commission agenda without staff review of the buffer plans. Those plans may be available prior to the meeting — allowing a brief staff review —but, will for certain be available at the meeting for Commission review. I have attached all of the agenda materials regarding these applications that the Commission first received for the March 27 Hearing. Chuck ®illerud From: Thomas D. Prew [prew.td@tkda.com] Sent: Monday, April 10, 2006 10;55 AM To: Chuck Dillerud Cc: paul.danielson@kirnley-horn.com Subject: Hidden Meadows PP review Chuck I have reviewed the preliminary plat plans. The street layout is ok, with the exception of the curve in the southwest corner of the plat. We have not had this kind of roadway treatment before. I would like to discuss it with Mike to see if her is comfortable with it, otherwise the plans can go ahead for Preliminary Plat approval . other approvals will be needed before final platting and the developer's agreement is approved. They include, approval of VBWD permit, final wetland treatment system approval by MPCA and the City. Final construction plan approval . The final plans may include a guard rail along with the fence at the retaining walls. I need to look at this closer. Tom Thomas D. Prew, P.E. Senior Registered Engineer Municipal Services Division phone: 651/292-4463 fax: 651/292--0083 j e-mail: prew.td@tkda.com i TKDA 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, Minnesota 55101-2140 www.tkda.com i 1 LAKE ELMO PLANNING COMMISSION STAFF REPORT Date: March 24,2006 for the Meeting of March 27,2006 Applicant: Hidden Meadows Development, LLC (Pat Kinney)/Lakewood Evangelical Church Location: Southeast Quadrant of State Highway 36 and Keats Avenue Requested Action: OP Development Stage Plan/Preliminary Plat and CUP —"Hidden Meadows of Lake Elmo" Land Use Plan Guiding: RAD Existing Zoning: RR Site History and Existing Conditions: A Preliminary Plat of Deer Glen was approved by the City Council on April 28,2005 concurrently with several other related applications for 108 acre site. That Preliminary Plat specified a partial street right-of-way extending into the site from Keats Avenue and a 20 acre Lot 1, Block 1 —the site reguided and rezoned PF to accommodate the (now) Rock Point Church. The balance of the 108 acres was "outlotted" in the Deer Glen plat pending a revised OP Concept Plan for the residential portion of the project. The 2005 approval of the Deer Glenn Preliminary Plat did specify that the portion of the lands adjacent to State Highway 36 and north of the public street could be excluded from the OP project, and remain an outlot with no designated use. On September 20, 2005 the City_ Council approved an amended OP Concept Plan for the residential portion of the project south of the public street. It is this area (and the original homestead site north of the public street) that is the subject of the OP Development Stage Plan. The Preliminary Plat covers the actual OP development and the remaining Outlots north of the public street. Discussion and Analysis: City review of OP Development Stage Plans and accompanying Preliminary Plats includes findings of both compliance with the approved OP Concept Plan and compliance of the preliminary infrastructure plans with City engineering standards and OP design standards. The City Engineer's review of those infrastructure plans is the critical component of this development review stage since the general neighborhood design/lot count/required amenities are established at the Concept Plan Stage. OP Development Stage Plan/CUP 1. The proposed lot count and lot configuration (including OP buffer areas) are responsive to the approved Concept Plan (September 20, 2005). 2. The Landscape'Plan proposes 470 trees to be introduced to the site with deciduous trees partly 2.5 inch and partly 1.5 inch caliper (depending on species), and coniferous trees 6 feet and 8 feet in planted height(dependent on species). This count and quality of trees will respond to both OP and Section 400 standards for landscape — particularly considering significant existing tree population on some of the proposed lots that will be retained. 3. We do not find a Landscape Plan response to Condition #5 of the OP Concept Plan approval resolution, "S. The Development.Stage Plan shall demonstrate the year-round effectiveness of screening measures that support the 100 foot OP buffer on the east side of site." While the Landscape Plan notes existing tree groupings along the east side of the plat, we find no indication of the species, spacing and sizes of the trees in that grouping that would demonstrate that this would be effective year-round screening of the homes within the plat. Together with a listing of the trees proposed as effective year-round screening, the preferred method to demonstrate that effectiveness is providing cross sections from house through screen to adjacent land. 4. With the exception of#3 above we find that the applicable conditions of the Concept Plan approval resolution are complied with. Preliminary Plat The City Engineer has presented a March 23, 2006 Email outlining a number of infrastructure related review comments, including a finding that certain information required to complete his review has not been submitted by the applicant. Findings and Recommendations: Where City Engineer or Watershed review comments address minor plat modifications we usually recommend the plat go forward to the City Council with a condition requiring compliance by the applicant with those comments and recommendations. In this case the City Engineer's review recommends more substantial modifications than we have seen previously, and the need for additional information to complete his review. This concern coupled with the lack of a plan demonstration screening effectiveness leads staff to recommend that this Preliminary Plat be tabled by the Commission pending applicant's plan adjustments and submission of the information we do not as yet have. The Noticed Public Hearing regarding the plat and CUP should be conducted by the Commission on March 27, as scheduled. Based on the above comments the City does not have a "completed application" as of this date. We suggest, however, that the meeting at which the Commission should next consider this matter is April 24, and the meeting at which the City Council should act is May 2, 2006. Planning Commission Actions Requested: Motion to table the OP Development Stage Plan/Preliminary Plat/CUP of"Hidden Meadows of Lake Elmo" until such time as completed application, documentation is submitted and modifications to the infrastructure design recommended by the City Engineer are completed. Charles E. Dillerud, City Planner Attachments: 1. City Council Resolution#2005-102 Approving the OP Concept Plan 2. Approved OP Concept Plan- 3. City Engineer's Email 4. Applicant's Documentation ;'1 c 11 CO co ZZ W CO d 1.. f5 t s' tri l �iM r 7 r 1 1. i s Cad ♦� = , , 53 wd r-,{�X 1 `S� +ti ♦h♦ I i :. 4s .�'t:`,a-4A L+Ya��,':.. cv an i ♦ � is -r- Y�i1 _d} 1 - uM1 .; l5�1 IL♦ _m N 1.1 i 's , � t L.. ✓' i1L✓ w`F 4 - i to _ �Y.' - LU vog li�•�� r"� �444 pS��l�\F e � Gam'-Rx} �, ,I �.. -W�'.�' cc cc _ \ f + x , . ....wi... ............... . 11 r� ul ........_....... �•,��,.���,7„�.rre r`M�. -..,��r,...y;,Y� �Jr� �ii� 1 \I hh Il ,n .ram "w•~� �•d �7..4 f�_._.. =fit .,..� »ram; RNi !f / �h.ems a )f xHaroervacswex..xJ'w 14R.....9•a"i'....•rt �- } J 1. ,.. /- r "A'y!r' a• c, Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9C City Council April 18, 2006 Agenda Item: Zoning Ordinance Text Amendment—Outdoor Social Events Background Information for April 18, 2006: At the Council Workshop April 11 it was decided to place this proposal back on the April 18 City Council Agenda for referral back to the Planning Commission for additional work. The Council Members asked the Commission to consider adding additional required CUP conditions to the ordinance, including: Outdoor lighting controls • Site e\security during events • Better definition of screening and parking requirements • Noise control • Issues of sale/consumption of liquor The Workshop also questioned the maximum allowable event scale (measured in attendees and staff)in the present ordinance. While 20 persons per site acre was not necessarily found to be excessive, the 500 person maximum appeared to be. Person r , onsible: Action items: ity er Motion to refer the draft Outdoor Social Events in the AG District back to the Planning Commission with direction to consider and make recommendations regarding the issues raised at the April 11 Council Workshop. Attachments: Time Allocated: e OPMENT PLAN SITE DEVr-aji-d FOR PHASE II OF H i I LAKE E LOCATED IN CITY OF LADE ELMO MINNESOTA LEGEND RECEIVED w EXISTING GATE VALVE E"� %d-' �• 006 EXISTING HYDRANT ° EXISTING CURB BOX EXISTING WATERMAIN MANHOLE O wYq.� EXISTING SANITARY MANHOLE j EXISTING STORM MANHOLE EXISTING CATCH BASIN o EXISTING POWER POLE < EXISTING LIGHT POLE - v EXISTING STREET SIGN - EXISTING SANITARY SEWER > EXISTING STORM SEWER —I I— EXISTING WATERMAIN EXISTING CURB AND GUTTER INDEX OF SHEETS GAS EXISTING GAS MAIN TkY. T-UG EXISTING UNDERGROUND TELEPHONE LINE "u '"'Y " P-UG MISTING UNDERGROUND POWER h ,i e^ �°. "Y" p '�Y :a o GRAIN :: Y y,��FYw+D^'jp��"li+ DESCRIPTION "o R. 1 wnw,.,. D P-OH EXISTING OVERHEAD POWER s" kit " • ; SHEET E%ISTING FENCE COVER SHEET rr'"'t ]+�F �Yc c'Ps WILL M` x � G:RwNTx.. 1, � + EXISTING TREE AND SHRUB qq y, a+✓",` " 17 PROPOSED TEE 9 .•": PgN,� ; Gs"'="« Q 2 LAND AREA ANALYSIS .° a pa 5'•• Y'" 3 EXISTING CONDITIONS p PROP OS 4 ED GATE VALVE °�" a Y~ S1ILLVAICN 9 DEVELOPMENT PLAN PROPOSED HYDRANT e _ „ PROPOSED MANHOLE(STORM OR SANITARY) GRADING AND DRAINAGE ■ PROPOSED CATCH BASIN AM94 ILaI IFi o « { —1 I— PROPOSED WATERMAIN �*,. 6 ROADWAY PROFILES —► PROPOSED SANITARY SEWER Yx 36 1i " •f TM „� 7 ROADWAY PROFILES sss" Y _ LANDSCAPING PLAN 1 OF 3 L N E PROPOSED STORM SEWER o GAS PROPOSED GAS MAIN " - {w,i '-° ^ Y. L ��r.1 -9 LANDSCAPING PLAN (2 OF_ 3) P-UG PROPOSED UNDERGROUND ELECTRIC •i., 42 H tnevme r " " C1°OHe " �""ioi"..to,p10 LANDSCAPING DETAILS (3 OF 3) Y gg .Ot .\ PROPOSED CURB AND GUTTERto ry 14 `1 ,.s„x,d p`to„9.b.q`• •Y a Y "Yq ake Jan Y ^i o ` Mw '^"" LAKE ELM YY o 9 " 694 OAKDALErt % �..„�S„,�„e y uwY°�+' ,"�. ; .." .,1�Y ...I.., ,,.®c'�•^ Y 5 x� a w,.e99 .,Y, e.„{YY � •YY i'S w.T�p. Q„k tr $ '"� 5 «, x ;id"" a��'" " r LAKEELMO PREPARED BY: e° wr,ox Y a r a N .ate N ® Kimley-Horn L OCA TION MAP w ® and Associates, Inc. 1° = 2500' .. a° 2550 University Ave. West, Suite 345N Tel.No.(651)645-4197 St. Poul,Minn-oto 55114 Fax No.(651)645-5116 o: I � o ..... NUNHT L,HE OF NWI/1 OF SEC.R SEC.2 T,29.N,21 f.7 o n u SEC.R.t.R9,2.11 /— - — — - S•� _ _ NII9'42'45"E 26T9.19 — -_ --— ------ - ------------ .,.—T_ ___-__..-,. ------_----..-.-.-.-=..':,-.. NORTH 1 1 CORNER N,W.GOPN[R O — v ' z .,.. 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HORIZONTAL rc - .•� SCALE IN FEET \ /I l s )� r�r 1 i I I , 'I I( •\`\ /;.r (/ 1 1 1 07>zD �° „` l.lo2n-, ( ,. �J r r r.,: 5 p� r I 'L. 11 l ,, ,i, , •^/ i / `\ I• F• 1 / t J \ ,`` PAf1CGL,,...b w J / t•t I I /`•„ / LGT •'d 6+'liI j'II r'%/r"--(' t,-(\1n��,"_''.-�,1,....-.-_....�`r\\=�.\,3,`,",�✓-�-=/\'-"o-s,.\..,�-_..',.-_._-"�:tn=a;l"—•_._„•��/\�_�;\'�`-„�x td-f//-•r/Y}(�-.-"/'�'/.1 L�'{•p'✓t_'L�-A',_;�,_,rs�>...,l s_=-�.a _-_-_-_-_-_-_-___1\_l�__I_P.a' =) .P.a�__----__ro,--'---I•.a7=\=�-_�v\_w 18.97 a.s7_-hSe ea1,5Da- 2487 CUTLCT ',�a_-_-_-_-J'J\_-4_.w_—_Iq�-®�—_—�_"v�`.u•'''L_�-__,__r_+_.._a .'�'_�,' on--,'•_i'�o_a_,r_—_._J_P � LEGEND m, TLAND AREAS-Q.7-n�- ________________ WETLAND BUFFER /i I i WOODLANDS ! r'y i P Pal _ n.nr F e, a.o P a_ SLOPES } / 5.L, �,)t--��„a ....._... ����—•- �. »_ \ LINE -- :,,- .d....`\. ��... c.l'-'....�,a:.�3--^-�.r� INE ,,../ �._ ,,�\\.......,. - PROPERTY —__— I1� N............. _ I. '7 ,�,-r1-,- � fir, _.,_... `�•. -..-� ,fy__ _____________ \ PLAIN, ^_ .... ..... �`"*.• `,%�,.,.'.4 y, J APPROX.FLOOD N BOUNDARY w _,R `--�\ 1✓_•�"f.y."�\.�.,-::�,1. ,.. j /i/ /``-�_, '.�'r.,,w .....,. �, FIELD VERIFIED RUN-OUT ELEV. /W I , \// i `.'/` l � ,cNrrl \. 11 r+ ,\\.`..,,:..�.%�'•"�";' �,t L•W' � �,� EXISTING CONTOUR - _ / wda 11 I / w:;/t / 'f/ ' I I I \ ( ! I 'PARCEL,"$ a„_ l ',.. .. I I �s}�t sao_( o `1. f IIt ( ' 1 ,• -......... .// 7 1, \ `.,\\ ; WOODLANDS AREA ' f // i I - AM fin 1, �I / !a /Jt4r• �t5 /% //I��., it// \° ~irpf ��,,._/!' //lJ I __.,...,..-655,599 1� II I��II' II \ ` "� \ y \\ /II o. y w/ J / ss ne9'•- \., \` / J,' I \ r J .., I 7c u I / III II ♦\ \� ..._.'i lII'., '.'"//�J ��I \.'✓, , :,•,,,.,.- ,,, , ` j 996. '\SECONDARY !( / .....- _., ... ..�.//, r/ ,\. j k``„ 4"•"``�,,,_ \ J k. + 1000 `` CONSERVATION +'r ', �`••.\ .,/" ;�, „ i C AREA 11 '1 «• ' f' l !�' PF ZONING OP PARCEL CUP (EXIST RCR ZONING ' � i/� ^- Lp,�" q;` \ -..- ,..... •• (PARCEL ZONING),(OP ) ) TOTAL = •'' ..-. ._,/,/ /,%•i,"'•� ���9�� t fi� \ ..Mx^�" ),, ,. TOTAL PARCEL AREA 19.97 AC 69,68 AC 18.97 AC 108.62 AC F' { (f T .- '' •-� �"= "-�"''-� �•��.«- :-�•^^�'1 M `} -��' ''�� ) WETLAND AREA 0,11 AC 2.19 AC 1.32 AC 3,62 AC ._._,,.-,., \�s"�". S89'49'49•W b3.7D4\ J ......._.... '/'' . ,:/,• G..`..„ � � ,,,,L.y �1,..�: �,i�} PARCEL,-A,_._ f'� .•'.._......._.....__ !' ( t,11 AC 0 AC 1.12 AC ..................... .. r.;,\ t,..\` I >25%SLOPE 0,02 AC HE or OF SOUTH 1850 FEET OF NWI/1 \ t ' 1 t kM•,•.,., , "'• ,.. •� �..'::,_ , \ �?9:37'At I „f `1"r BUILDABLE AREA 19.84 AC 66.38 AC 17.65 AC 103.87 AC ,.,. ,.,., m I- - )t I/ .r'- \ V i -',.•,' ..... .., .,._. ... 'r _.--•' "'^ .__.......... I• I r .� �:a• �\\ OPEN SPACE N/A 33.19 AC N/A 33.19 AC .,,} EC moll J ^� rY""', �A',d '-'• \ , '�... - t'.� / EC \,� ............ . •�•/,� i A...' EXISTING SITE DATA �w.zLzo `c z )X� TOTAL SITE 108,62 AC. .... , ,_ WETLAND AREA 3.62 AC w#B °C L...,.,..,. 42,009.SF7 ..�._sv,t__....,, I (..,. I I r.a, � - y/ \ a..� 'r � -.._...ppp. ,.. ,, rn•✓`�i :f r � \ ...... � WETLAND BUFFER 3.30 AC V��c� n �} WOODLAND5 AREd v Nv/ ,« \ V J �.a•-�., �, I o �a G� 12%-24%SLOPED AREA 16.55 ACp�, \,J >25%SLOPED AREA 1.12 AC f-' ..«... 'x"'`�w,jr.. �'YA„y„r!'f'r•!.,r/ r/�;i�\� /11 '} ;,, \ \�\ I l /a I I• I..... .... \24 {�Iy ,OUTL07 Q +, .yr �r JJ WOODLANDAREA 24.10 AC ' J 4a:\29 e',1 I pd,31 SrJ�14 \ MOM t L WOODED AREAS CALCULATED TO THE PROPERTY _—__—__—__—_`.L d1: t \ I r '''/ )�.. —'.,�• , '} iii"',,,,,, LINE AND INCLUSIVE OF THE ENTIRE SITE, NORTH UNE Of SOUTH 1125 FEET OF NWI/4 — !.,I r 1 �E..tJ`;�,.;;«'� �... ,�d•s1."`+S`. § -� I /5' .:°`` PARCEL B LAND AREAS 1 c. �J \a i\ 46, 1SFr;j �\ ��. .... •\,';, ! _ +,\ �'y ( „(1 f TOTAL AREA >25%SLOPE WETLAND BUILDABLE AREA Z ',, I ,I \ 11 7 '/ '''• ...,, •'.sue.-w�,:..`1 / I 'n• � (,��,.�.. � I 41z' QQ Vl I S \ .': it .. Y J \ h'"-, �" \ •.,, ;• •- /" "' 96!.i�`j� 1 r /�; ( OUTLOTS 8-F 1,557,685 SF 19,476 SF 88,514 SF 1,449,695 SF(33.28 AC.) ` ;: p,sE,>.:'.,� ¢ r as ' LOTS 1-26 1,225,398 SF 21,168 SF 6,758 SF 1,196,475 SF(27.47 AC,) J J .1 \(�„. t•.,, .i. / , I I�„•„I_e' ,r / / , l/t/ p�— �.".. ,I/1 ;h ..37;'t91_sF :bdt.., ¢ y J' ,I"' "- 'GLtt1•••` ROW 252,662 SF 7,593 SF 2 SF 245,067 SF(5,63 AC.) Z WOODLAN S. A7R�A', /+ f '\ '\ 1\ \\n. J� L"I , W n \ 4'4,7 1 ` ' ! / ' TOTAL 3,035,081 SF 48,237 SF 95,271 SF 2,891,573 SF(66.38 AC.) O �¢ III 1 NOOTH LINE OF SOUTH 825 FEET Of NWI/4 ; "'^� 'I--I \ / \' .. 1 'I \ t t ` 1 , y` iII - \ ( 1 \ I' g RPABY /'•-..r`_ Q WSS \;l '\ �Y , Q \t I.1' .....A7o'-`R\+Eli.1(AT10N.,`,\ J 7\SF \ 11(� ¢ w m l :...,..::.., 0 E ( _:', . :,; .� \ \ I: /^1 (�' 1'\ w oz N ICI � ,o� � �4�s6 s � ' 11�1 ,\\\•.. 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I \ \18,97 AC \«974.\ \ \ `� ' -JI /�0/ ^J \ a971.0 m 1 \\..I%/Bvrtpn y./ N- 3l I I ♦' 'Y�.�... /-- `ate _--�:- a,�'-'.I1Fx� i�1 mq�'„lrI /__------ --4, --9>� ------------a- 1 1------{- �.,,, .�..._ _____ LEGEND ,_r' '/�g��'lu[�L-m----a�-- ` t- -_ val 1�-__-_.-:-r ---_-__--\ Ix.vvivisvvh L-\ -� -�'sM __owl __-v_ ..� a� 988 -.- WETLAND AREAS / I ✓ ;I / \_ \ �`\ ,/ _/ \ /r/yi/� / J I� l \ 1 \ gal- s WOODLANDS I^rv'vvvvw'wv\•�• 1 \�� \ \ //I/ g9° \I \ 985.� / I / p J rn \ \ r ..wv� a. E N, - I / PARCEL LINE - I � _ r o , ` _ w*t a _ PROPERTY LINE -- / - / yg °n\ .-..s..��i; 116 9.?�_ a�""\`"„� � � _ EXISTING CONTOUR 99 ^.-..«.,.......___.....M_^""'__ _ -__ �'-Y-=-�`.., '� \.r `- \ ...' \ \ 1_-__ ` "♦96A fir¢ l� ..-. 0 //\ ~ \// / /' )\ \j .�✓/ / yzp \ \ I ._:.,�.,.-_...� 9 .]` -984 �'-986- 5960/ .y #�`� II I I \) / /0� 9y`60/oqh//�/ / /�\'�S`'\��sy\`"'-i�/ /J J I (�986,-.,_�-..�-._-/ / ( «989 h �I II I 1 t 1 \ \ \9j•\\\ \\ r �a p / h y III \ ( 988.2 /g9/9k9g6 J \ / / / / .991.4\ I (�1 I \ 1 \ \ Y\ \ \ r 967.2 1 b{S qr.) I t 1 m� // °'/ / /J ��9y5A1\\ \`- _ I \ 9>4 \ \ III II \\ ///A998,6// J a� r9867 II`�/ 994- 9gZ� �/y970/ 3: -99\ \ \ r99I-.I 7000a\ 985�5 \\ ",\(. (. I \ � fo T.6 (n 1 {3 gab \ \ - '�_-J// // / /-- f '\ s R2,•. -- --- 49"W cosy oa =_�% r992�/ \ _y �••":. .•B� LINE OF SONM M50 FEET OF NWI 4 / � _/ \ r I"•"'� v t '(\ \PARCEL•' ♦ 14.,7 993.2 // -.- --I\ !l / _ / __,s7a9:..0 ��� oh/(l ) I \3 \I1 a973.1 ✓ g1 j4 nm /96 1�✓91 T I ".._...:�(;:-9.i•8.._.I�'..:':".::,...j' `_._ 1\1 I / /Bg/ �'� �'� o a I I ARC TLAND OMO I \ s1976.9 -•\ «94o 1 a 976.7 /�(`,;?`(\ - 7\6.�\ // I l / //'J' g60. ✓I ^��z�(Q . ._-978--'•\ (\ l�J `-�.\'•�,. = -// «9]7.7 gp '" y e V \\ � /I^'-'980- \ ,�.sft'!F`Fr^rCC i5'r n a€ \ 9 -� \ rr.7a('r•s!i•�ry Y %rt �����6 i°1t . 1\\\ /\\ -915 r14(,Q6�,��o «` �NOPM LINE OF 60UM 1125 FEET OF NWI/A --__ -\9 g1 1`'�� � \\ \\ Y�i i-J 1(rv°je\ ���1_� /97p >0\ /\\ Gy'9B0//962� I«9 i \. \ «7 f ,���ll ~ ✓^ \si\9�\ - \\\,, / I 'lam q10 I('\`\ v73.6 / ) / WETLAND \ �S96fi.1 \ \\\L l (✓ %-�/\ \\tlfi,)\\I\ !l\ 16 ���11\ \ I// \\ ///l !\\ � .5 _I �'},912- W z Ll W OPLAND"S/A7R� a� ✓J ="960- �/ / //(/ S 1 \ / \\I/ gg'9p «9]4I)5t \'°�D�/ \ l jg1b" 7 I ) I I I I l r\' / l I r\-SS. 0 -Z Z 'NORTH LINE M SOVIH 625 FEET OF NWI ( /97�9/ 4 I l ( 1 ' n >�3y \1 \ \ I I \ 0 / '1\ - \= /j�911 O//( \ \ w� \\\\\ \ '964( ` \ \ (/) _j U N. I 1 \ t I / \\ �g^h �\\\ ( \ 197 -�1 J l y 96a 1 �m \\ \ s� '� 966� \ 1^f\\\ \ \ \ f 9S W " I�i s 1 ✓�6.7) ) � f � �-) l �Jl� \\11Ij- \\ \ l�/i_ �� >\ \ (1///� I\ \ \ 111 dwz W ow "\ �'a ,- 13) N //'-JJ�� am I /lI s971.51 \\ \_ 8 //JI�JIIII\II ;WET�O �91 / b ` �916'_•-_ ./ \/ ^� \ -980%// 111 \j // ] //// \,✓ 1.6 ` ) L�a LLI V7 3 I /9 „Ia 1 -_-\ �.�.J82 / /// � 6g-�9 4"'/ ///// � ./ ) `\\\ '--- / f 1 96•Q\ � o < / Z / \96o ti�i' //n\M.G./FA,.n\�� -.�.5.�es72i///// �r✓ F-- \\ \\�-��-/ / ss 2 z \ I \ \ �\\\�\/ /s- ,o`i"'f/ ��''T�+'A .sGa.A, d�,�e/�7, .a/Fl.r.n '^.,,sr"""•\y� J \ \` ._. - I } s� � I � 980 r�lNs \ I.986)] \f\✓///�// a966.\ / /� �/96'N 6°7/ �/f�P ��/ /, \,_. I _-� �\ a�}7�7.B7 4 g6 \ N /// if �T 8\. 1 p \ \ I l \ \ 1( \ \ / /( I ♦ yVY // / /, �..._ / )// III I70 W \ I •`Be0.0\ 964\,( O E, R Fhb O 7.5 � I ✓'"- 7/I ^^b/ \`/ � 1 I I I r"^ � 7@.-•/J J })11 I '_ .96 5) ((} I 1 g 2 I \ 1^�\( _ ttli\/°j/ \\ Ib\J l( «9911( 1\ / ^ / I(I/I1 ` I fI1 1 f00,9 \ \V(l \\ ♦963.7 \\ � 973. h so / l //'�. I I I 1 °\ \ \/ \\ \fi` o 1171 .- - �\`9743 974.1J l////l I / \\ ` \ I \\\\\ 96�.f 1 \\ I @sa`s wY� \\ / ( �( LUE. w w _J97y78-^�,-�� s,oy�_ \\// (/\?�6 )• SHEET 3 Of 10 y \s �._..J/////// /•�. \\` /I/ �J.. I «9 1/11) C \.\\\t\\ttt,1�WETL �>\� IIwETLA D \, \\\\\\c\.�$g 9 SHEET NO. 05.< 0--�:�./,///,, \t ✓/ --.'ate l \\\\\\�99\ rs. ____---�--_.___�-._ _l 1 t.,,�4 t // .O1�'/'\^ '\vvwn'\. ✓•. �'V' r•✓ v !• \\ s 0 N£51 I/4 COPNER \ V r�\ �� I-.--,16 pV'� ) \�.\ I /N/ \I \ \ 1CjQ BD V/ •/ /, �/` / g1lT1g soll� N I C:"R- /�// / ^ \\ R o(, ,\I\ 1 \ I/ L7 \y,ya'JM'N...r.i�n..�,4�yP/^•3.1.,.M,!„n�l�Uro��n+..�i�.S^Q78- � > 6 W o m 78. I �`.9 r„r99 /19 / / ✓ hb 1 � I I i a U C g ¢ O SEE SHEET 6 = N w Q SEE BELO �• / 11 sn v....�� I I k s1 1...,...T...J ¢ I I CU 4 LIFT STATION ^, sue¢ + )....__......_, !..,._..m....J.,. ./ - �'O I I `p`i'\,❑'-'7 fr ❑ 16" W_�---16_' Wm r 5 d L__-❑ ❑_.� � ,� ` n 'J I �-'` � CLi 6 4 \ 7 7 - 2 - I 6 24, FORCEMA IN F _ - I �' "1- ✓,/\ < -... - 4 SA \ N < 1I,,, 1 I I I ....I....a,l16 I '...._t_..._..�..J.,.._.........., I 1 I a I Iv....A ..✓ 0 25 50 100 ,.._...._... III I f 1-...ram_-..._.�. ,-... I � • HORIZONTAL SCALE IN FEET HIGH POINT ELEV= 979.25 ROAD A LOW POINT ELEV= 975.73 HIGH POINT STA= 27+56.19 PVI STA= 21+50 LOW POINT STA- 24+34.73 PVI STA= 27+25.68 PVI ELEV= 977.08 - PVI S7A= 24+65 PVI ELEV= 979.47 NOTE: A.D. - 2.63 PVI ELEV= 975.50 A.D. _ -2.02 SEE NORTH AMERICAN WETLAND HIGH POINT ELEV= 981.86 K= 45.68 A.D. = 2.02 K= 59.43 ENGINEERING PLANS FOR HIGH POINT STA= 19+56.79 K- 59.27 WASTEWATER SYSTEM DESIGN 120.00' VC -120,00' VC 1000MPV17 rn - 2 .00' vC - o 0 1000 77.72� ' n 2.47 „h.F,� + +, 4 +o N F wi ++ 16o990 -N� * 990 UI 41 c�c� Lu > w 98D 980 __-- _____ ' 970 - _ --- - - % 970 z 960 - mMo W''nO Nnem'Wn mmn MaoM arn anrn0O.- �nro"jWeb 4oOl hFnY 1mO� Mn�vm m D'mM b� 960 MW V'p nm N �25 � NM�� m �A ✓ V h Qi 6 MNm�YN r �I m m rnrn rnm m O1m rnrn m mrn T �'m rnm m rn a'm m rnm m mm mm Q'm m °'m m °'m m-Oim b'm m� mm rnrn nn mm a+m °' � s= w = 9+00 20+00 21+00 22+00 23+00 24+00 25+00 26+00 27+00 28+00 29+00 30+00 31+00 W 1 �"---b a ❑ ❑ 4 ❑ ❑ + + ❑ ❑ o H � Wm SEE ABOVE 'o k 1 ts1�i ❑_�/ 6 -�-'I�--+' -g* I oo Q O�/ I �,* 1 A.., z p 4" SAN '� WETLAND 1 p, I 7d� P7 a 10}06.60 I `'1,. � V` II/ J SEE ABOVE tiyI i i ROAD B SAN 1 0 Z O I ( a a r/ NOTE: � m � O a SEE NORTH AMERICAN WETLAND J / , , l I 'C. II 0 3 ENGINEERING PLANS FOR 1 {Z I �` ¢ WASTEWATER SYSTEM DESIGN N ".L. ._.� I q � < O p o H'0 k 1 I z V'1 m LOW POINT ELEV= 972.42 HIGH POINT ELEV= 973.77 LOW POINT ELEV= 973.00 \ `� I 1 HORIZONTAL o LOW POINT STA= 21-15.32 HIGH POINT STA= 5+03.20 LOW POINT STA= 7+05.04 �' ^ ti ! II SCALE IN FEET = o PVI STA= 1+80 PVI STA= 5+00 PVI STA= 7+25 6 PVI ELEV= 972.15 PVI ELEV- 973.93 PVI ELEV= 972.80 �^ A.D. = 2.71 &D. _ -1.06 A.D. = 1.50 0 1000 - 1000 Y 120.00' c 120.0 ' VC-120.00' + m 990 o N o o12 o990 o vai m o 0 m p� a M tD tl V~1 W•_- ---.- J.!J\ U .I (MJ LJ 61 •• VI •• I- D 980 0 E ------ ---- 980 _ 2.?51 i �� - �_ _ 1.50% m Z 970 ---- -- -- - -' - - 970 C9 5 U�.i N ��z j 960 -- __..___ __..._-..-...._.._ _ _.�__ �_ -_ --_ 960 SHEET 6 O 10 N "° °a N F o0 SHEET NO. Ci '6 rnrn rnm mm rnm rn� rn� rnm rnm rnm rnh n n Nm rnm rnm mn an,n n^ r pnjn mm a m O1m °1rn rn rnq mrn m °' 6 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 10 � t ti ----,--� �� ��,,' I I I 1135,232,,SF I I I „a II 40,E69)� SF � o ' -••-' 32,991 SF I I SNEET 5 (` 1 SEE �tiy 1 i I :..IJ ` Q / --- - _.....�. Y.. I = s � __ --) § 24 " wrn a r' Rya' -------L- I Rio' -_--__ _ J 4 _ 2a L-.,,�. --= -I --3'Fe°-.�� -. 1 0 25 50 100 �G ROAD C HORIZONTAL SCALE- IN FEET LOW POINT ELEV= 967.92 NOTE: PVI STA= 1+00 LOW POINT STA= 3+35.71 PVI STA= 5+50 SEE NORTH AMERICAN WETLAND PVI ELEV= 975.50 PVI STA= 3+50 PVI ELEV=975.00 ENGINEERING PLANS FOR A.D._ -3.50 PVI ELEV= 964,25 A.D. _-4.85 - WASTEWATER SYSTEM DESIGN K = 28.57 K = 20.51 _ A.D.= . _ 1000 1000 100.0 VC K= 0 3 . 8 100.0 ' VC �oo ry 0 0 300.0 '-VC o N m m o+ n + u m > m ? c� aJ- i I�• N w 5 --- --- 980 980 --- — > - m --- m m _ 1.50% 970 970 \ --- --- _ 960 -- 960 z 950o € 95.0 me �N o �� WN nm a� o N eM N N� �n �g oN oo M �� � .n �o Ol NN O O� NJ N d'� M Nr m Q,m mm �m Wm hm mn m� Q+Q,mm d mm mm m °' O1 nr��'�" � J t 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 ���ws zq 0 w z VI Q (L J J F-L, O W a 1n a a M p J�i 3 w Ld Q g po N �of W p N o p 2 0 L7 3 0 0 a 0 �iimo 0 o X a\N � MS Y O N N b a Y E m}ram d z o W m U `1U 1�FF'tt N U W K 2¢ K In O D U O R f- W SHEET 7 OF 10 SHEET NO. 7 'o a 10