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HomeMy WebLinkAboutAugust 16, 2006 CCP CITY COUNCIL AUGUST 2,2006 DRAFT CITY OF LAKE ELMO CITY COUNCIL MEETING AUGUST 2,2006 1. AGENDA 2. MINUTES: July 18,2006 3. PUBLIC INQLTR ES/iNFORMATIONAL: A. PUBLIC INFORMATIONAL: B. PUBLIC INQUIRIES: (1) EBI Drilling and Parks Construction—Directional Boring Extra Costs 4. CONSENT AGENDA: A. Approving Claims: Resolution No.2006-073 ; B. Request from Meehan Family for an Extension of Tune to Record Final Plat C. Election Judges for Primary and General Election: ;Resoli*16q No.2006-074 D. Roadside Landscaping Partnership Program: ReAN On Now 2,006-075 ��.�,. E. 2006 MSA Resurfacing: Approve Plans and Spas and Authorzor Bids: Resolution No. 2006-7$ 5. FINANCE: . A. Budget Schedule <„ � "` 6. NEW BUSINESS: Noneig 7. MA ANCE/PARK/FIRE/BUILDI IG f A. Parks Dept.: (1) Parks Plan Consul, �ectioi Resolution No.2006-077 8. CITY ENGINEER'S REPORT. s A. Easement for Northern Watermau� 9. PLANNING,LAND LTSE 8c OI�TING A. Garage Forward ofnncfpal Structure, 5487 Jamaca Avenue: Resolution No. 2006-076 B. C & C NarCh American rte Plan: Resolution and Shoreland Variance: Resolution(R.emoved)a , ;Replaced with Hovanian Homes discussion 10. CITY ATTORNEWS REP.&T: 11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCIL REPa&TS: A. Acting Mayor Smith B. Council Member DeLapp C. Council Member Johnson REMINDER: CIC Meeting on August 9, 2006, at 7:00 pm 1 CITY COUNCIL AUGUST 2,2006 DRAFT Acting Mayor Smith called the Council meeting to order at 7:00 p.m. in the Council Chambers. COUNCIL MEMBERS PRESENT: Johnson and DeLapp. STAFF PRESENT: City Administrator Rafferty, City Planner Dillerud,Finance Director Bouthilet, City Engineer Prew, City Attorney Filla, and Recording Secretary Freeman_ Pledge of Allegiance 1. AGENDA: Additions: 3(C) Size of Accessory Building in AG Zone; Replace 9B with Hovanian Homes; Removals: Item 9B: return to the August 15,2006, City Council meeting. M/S/P DeLapp/Johnson—to approve the August 2,2006, City Council Agenda. (Motion passed 3-0) 2. AHNUTES• M/S/P Johnson/Smith—to approve the July 18, 2006, City ne mutes. (Motion passed 2-1:DeLapp Abstained, did not attend Ping) 3. PUBLIC IN UIRIES/rNFORMATIONAL A. Public Informational: Washington County Sheriff Candidate Pete Crum introduced himself to the Council. r..: Leslie Zell, 8920 27 Street,had 10 questioi ;reg the water project. City Engineer Prew and City Administrator Rafferty answer d th �}u`1` David Dehmer and Barbara LuAld 8860 27 St Ct.N.,stated that communication to the residents regarding the TabIyQpark wafer an ,stieet projects was extremely poor. They .. expressed concern with notification to the resents, inability to drive to their homes, and N, m equipment being utilized is ca�4sg damage to their home was expressed. .. Warren Buck, 89Q§,27 th St., questionedthe Minnesota Department of Health testing of his well. He reported khat even tough he believes his well was not tested,MDH sent him test results that showed contamination of the well_ He asked the Council to have a water test made downstrear}z This personal carbon filter. He stated that if his water is found to be clean of chemicals,he desired to retain his well_ City Administrator Rafferty stated that he would follow up regarding better communications to the residents, and clarification of the well tests results. Kregg and Paula Hurt, 5751 Hytrail Ave.,asked for a time flame regarding their septic permit approval. City Engineer Prew stated the remaining tests had been received and a meeting would be scheduled for next week. 2 CITY COUNCIL AUGUST 2,2006 DRAFT B. Public In uiries: (1)EBI Drilling&Parks Construction-Directional Boring Extra Costs: Marc Allen,Project Manager for Park Construction addressed the Council apologizing for any inconvenience caused to Tablyn Park residents. He reminded.the Council that this project entails about 30,000 feet of water pipe installation as well as roadway reconstruction together with installing water services to about 180 homes in Tablyn Park. Terry Anderson,Vice President of EBI Drilling,advised the Council that his firm is of the opinion that the Tablyn Park construction contract allowed the deposit of water line boring materials at the Heights Park stockpile area. He stated that the City's order to not use the Heights Park site for boring materials was in violation of the contract and that EBI Drilling would be filing a claim for additional payment reflecting the extra costs EBI was incurring for transport of the boring materials to another locat T for disposal. Attorney Filla advised the Council that there is a process in the.construction contract that addresses claims such as those made by EBI Drilling. It wolal be zn the best interests of the City to address this matter using that process rather direct 0 Council intervention as Mr.Anderson appears to request. ; ` It was the consensus of the Council to direct Staff to a , the claims of EBI Drillin p g through the contract dispute resolution process (2)AG Interpretation: ` George Dimmick, 8465 Demontreville Trail, requested t`k council remove the Non- conforming AG zoning accessory buil ng size jbterpretation from the table since he understood that the City Planne find Cit e Attori%now do not think this matter relates to any ongoing litigation. .: The City Attorney and„��Janne�`indicated their concurrence with Mr.Dimmick's statement. MIS/P Johnson/De1, —directed Staff to place the Non-Conforming AG accessory building interpretation tin the August 15,2006, Council Agenda. (Motion passed 3-0) 4. CONSENT AGENDA: A. Resolution No.2006-073: Approving Claims: M/S.%P DeLapp/Johnson—to adopt Resolution No.2006-073 approving Claims Numbers 338, 339, DD822 through DD834, 29439 through 29454,were used for Staff Payroll dated July 20,2006; claims 340, 29455 through 29493, in the total amount of $406,796.16. (Motion passed 3-0) B. Request from Meehan Family for an Extension of Time to Record Final Plat.• Staff reported that Torre Pines was given preliminary plat approval July 1998 and final plat approval for all but four lots in September 1998. The City was informed at that time that Mr.Meehan would continue to live in the existing home on the unplatted 10 acres and that the final plat for these four lots would not be done until some time in the future. 3 CITY COUNCIL AUGUST 2,2006 DRAFT The Meehan's are requesting another one-year extension. City Code allows for this extension,but requires Council approval on a yearly basis, as has been done every year since 1999. M/S/P DeLapp/Johnson—to grant the Meehan's a one-year extension of the Final Plat of Torre Pines, specifically the parcel now shown as Lot 15. (Motion passed 3-0) C. Resolution No.2006-074: Election Judges for Primary and General Election: M/S/P DeLapp/Johnson—to adopt Resolution No. 2006-074, appointing Election Judges for the September 12,2006,Primary Election the November 7, 2006,General Election. (Motion passed 3-0) D. Resolution No. 2006-075. Roadside Landscape Partnership Program: M/S/P DeLapp/Johnson—to adopt Resolution No. 2006-075, auth ing Application and .Primary Contact Person for MNDot Community Roadside Land aping Partnership Program. (Motion passed 3-0) E. Resolution No.2006-078: Approve flans and.:Speczfications ancL :rderin Advertisement for Bids- 2006 MSA Resurfacing(4 Street ile Averi e and 47" Street): M/S/P DeLapp/Johnson—to adopt Resolution No. 2006-(}7 S, approving Plans and Specifications and Ordering Advertisement` or Bids 2006iSA Resurfacing-45th Street, Julep Avenue and 471h Street. (Motion passed:3-03 5. FINANCE: " A. Budget Schedule: .` Finance Director Bouthilet praxrided Coune:��ntbE he 2007 Budget Calendar. Staff has been meeting weekly and the budget Will be ttiscussed at the August 8,2006,Council Workshop. ' 6. NEW BUSINESS: None � 7. CEtgARKfIh'I]L /RIJILDLNG: A_ Parks Deft.: (1)Resolution No. 2(06-077: Parks Plan Consultant Selection: The City Planner reported that the Park Commission and Council interviewed three consulting firms at the July 17,2006, Park Commission meeting. At a Special Parks Commission meeting on July 25,2006, the Commission adopted a recommendation to the City Council that the firm TKDA be contracted to complete the update of the 1990 Park System Plan. M/S1P Johnson/Smith--to adopt Resolution No. 2006-077, approving the selection of TKDA as consultant for the Park System Plan Update,and authorizing the Mayor and City Administrator to enter into a contract for services. (Motion passed 2-1:DeLapp believes the City has enough information on hand and people to evaluate this information to complete a Park Plan update without hiring a consultant. The City doesn't need to 4 CITY COUNCIL AUGUST 2,2006 DRAFT spend more money on the completion of the 1990 Park System Plan. Park usage/assets need to be clearly defined, and future needs anticipated which can be accomplished without consultant assistance and expense.) 8. CITY ENGINEER'S REPORT: A. Easement for Northern Watermain: City Engineer Prew informed Council that 2 appraisals have been received for the two easements required from the Bergman's. He requested Council approval to schedule a meeting to present offers to the property owners based on the appraisals. M/S/P Johnson/DeLapp—to direct Staff to negotiate for the Northern Watermain Easements with the Bergman's in accordance with the appraisal. (Motion passed 3-0) 9. PLANNING,LAND USE & ZONING: A. Resolution No.2006-076: Garage Forward of Principal.Structure. 5487 hniaca Avenue(L andsem): The City Planner reported that the property owner at 548 ' amaca Bl had applied for a building permit to convert an existing 2-car garage to ltg area, and aotstruct a. detached 3-garage nearer the front lot line than thecipal e. MIS/P DeLapp/Johnson—to adopt Resolution No. 200 . 6,approving location of a detached garage structure nearer the front lot l the` €ncipal structure at 5487 Jamaca Avenue per plans Staff dated July 27:200 � Iotion passed 3-0) B. C& C North America: Resold an:..No.2t� ? `-077—Site Plan: Resolution No. 2006-078—Shot d V°ariance I � emoved) The City Planner informed the Council=that� & C North America had requested that the Section 520 Site Plan and Shoreland"variance guests be withdrawn until the August 15, 2006, Council meeting B. Hovnanian Homes: Council Member Dh app stated4tktat he believes that Hovnanian Homes received the wrong message following their pi sentation of a proposed project at a recent Council Workshop. Hovnanian agp fi y understood from that unofficial meeting that the Comp. Plan amendment to'accelerate sewer staging to accommodate their project would be approved by the Council if certain plan modifications were made. He reported that Hovnanian has since met twice with neighbors to the site on which the Hovnanian proposes the project where more modifications were suggested. He stated that when Council Members and site neighbors suggest plan modifications,a developer assumes the project will be approved by the City and concurred in by neighbors if that modification is made. He observed that Hovnanian has not applied for any City approvals,and he objects to the proposed project being addressed outside of any formal City review process. The City Planner reported that Staff has not been contacted by the builder since the neighborhood meetings. 5 CITY COUNCIL AUGUST 2,2006 DRAFT 10. CITY ATTORNEY'S REPORT: None 11. CITY ADNIINISTRATOR'S REPORT: None 12. CITY COUNCIL REPORTS: A. Acting Mayor Smith thanked the Fire Dept. and Washington County Sheriff's Office for participating in their Neighborhood Night Out last Saturday. B. Council Member DeLapp reminded everyone why they got placed on the agenda, be aware of events, meetings and decisions being made. C. Council Member Johnson stated she had attended the Green Acres National Night Out, and everyone received some great pointers and safety tips. REMINDER: Council Workshop on August 8, 2006, ®rApOu pm CIC Meeting on August 9, 2006, at 7;Dpm E - Meeting adjourned at 8:40 p.m. Resolution No. 2006-073: Approved Claims'`'<';: � : Al Resolution No. 2046-074: Appr ` ectiorilres for Primary and General Elections :7.. Resolution No. 2006-075: Appr �ved Radside' andscaping Partnership Program Resolution No. 2006-076: Approved� .-M&YoNVard of Principal Structure—5487 Jamaca Avenue (Landsem) Resolution No. 2006 077 Approve .Selection of`IKDA as Parks Plan Consultant Resolution No. �OJ ;;MS ;; esurfacing:Approve Plans and Specs and Authorize for Bids::::. 6 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-079 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 341, 342, DD835 through DD847, 29494 through 29504, were used for Staff Payroll dated August 3`d, 2006; 29505 through 29559, in the total amount of$917,087.81 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 151h day of August, 2006. Dean A. Johnston Mayor ATTEST: Martin J. Rafferty City Administrator � tCo �rCo W cei ot�o � cC � o � An 00 G R 7 G G /1 n � 00 I-hR' Gti G. N II. 00 0. �. L, 0o Q. 0. �• cv '� ► `+ � O wd Oy � g CD 00 C" Or CD �• `� [o C77 O yi CA. >C .i. 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CA CD O CO -1 .b (D O O W O O, CORD Ol CT(A N W cn M W 06 0 0t C37 Cn O� a O QD 07 C3( s G CD o I I �i ' CD [ f � ICD I ( ; CL I i rrj � I o, ! I I fCDiI € fCD , I ICOI C I j I I i CD i n i N CD sv D i0 0 1 -40M ;uo -o cam mwcO * MMM -om O F CD 0 0 0 0 � O CD CD n m c I 3 m rn m'= ni 9 �'(0 0 m �' E ay j 3 7 (p CD p O Q O O CD I O o CD Cn o rQ—n N 0 0 -a", ? w co r- y � UJ m3 � � c m W 6 " c = a x o rWi, O m cD a o O �'1D CD V D? CD m N w 'o 0) CD CD y 0 C 7 m y z lN 1 I � 1 1� ff p CDl NNr, W ,q -iN W Cn iii tp G O M CRCn — OOOOCn Cnw -44 (DMCD O O 000000000 0Cfi - 01NMgD to 00000000000 OCDCO — W Cn0 I N I ! � O N O 4 N N pa w V CD N ! co OOOOOOOCD " OO 0C%1O0000 i 1 7 i m N � CJ� ....i•i W 3 N Ul01Tr �Q�[ NC7C17O�J �cflOD0 !� O OOOOQN (D0c W � CnNB) CPD 000 0100N "�0— CDO 00 C7D � OD fAt4 � O 0 II Q co r CL3 C m CD n r (D CD C (D ID co fCD CD �Q, a f 4 in CD CD 1 m ro CD AUG-10-2006 11;55 TKDR 651 292 0083 P.01 1500 Fiper,aflray Plea y . 444 Gedar Street TRSaint PdUI,MN 55101-2140 ENGINEERS 8 ARCNITECiS PLANNERS (651)2924400 (65i)292.OD83 Fax www.tkda-eom 13186.000 Cent.No.5�. St.Pau1,1�+iN, Au ust 10 20 06 Proj.No. pv✓ner To City of Lake El o-Minnesota ,Contractor This Certifies that Rijgy Brother;ConS ct'On. For ater S stem Interconnect-Phase III Tama a Avenue Stillwater Boulevard,and 31st S ets Is entitled to One Hundred Seven -E' ht Thousand Six Hundred Fo -Two Dollars and 751100 $178 642.75 being 5th estimate for partial payment on contract With you dated S tember 20 2005 .rKDA Received payment in full of above Certificate. Riley BrotheTs Construction Thomas D.Frew, .E. 2006 RECAPITULATION O1F ACCOUNT CONTRACT CREDITS PLUS EXTRAS PAYIvI'iJNTS plus extras $ 612,000.32 contract price p $ 424,735.94 AU previous payments All previous credits ]bra No_ $ _ Change Order No.I Credit No. $ 17S,642.75 AMOUNT OP THIS CERTIFICATE 612000.3'.'. $ 603,37E_69 $ - Totals Credit Balance There wrll rcrmirl unpaid on contract after $ 5,621.63 payment of this Certificate $ 612 000.32 $ 612,000.32 $ An Emptoyae Owned Compsny Promoting ANi►nOM Action and E9LW Opportunity ` AUG-1�]-2oa6 i 1=S5 TKDA 651 292 aas 3 F'.Q2 -. TKAA Ba&eers-Arohitects-Plamers PEPJODICAL ESTMATE FOR PART AL PAYMENTS Estimate NI O.5 Period Ending„ Au sttg_ t 5 20 06 Page 1 of 1 Proj.No. 31&6.000 Contmaor Tuley Brothers Constnction. Original Contract At m:d 5 U.000.3.2 Proj ect Mar$ymm In rconnect-Phase III(Jamaeu Avenue.5ti iarater Boulevard.and 31st Streets) Location City of Lake Elmo,Minnesota Total Contract Work Cotrpleted $ 635,135.46 Total Approved Credits $ 0.00 Total Approved Extra Work Completed 0.00 Approved Extra.Orders Amount Completed $ 0,00 Total Amount Earned This Estimate $ 635,135.46 Less Approved Credits $ 0.00 Less 5 %Retained $ 3 L756.77 Less Previous Payments $ 424,735.94 Total Reductions $ 456,492-71 A=,Mt Due This Estimate $ 178,642.75 Suriety_ Date St.Paul Travelers Coptractor - Date r tzzzCkian - -- - Enguaeer Date ARM 10.2006 F.E Thomas D. ew, . CITY OF LAKE ELMO WASHINGTON COUNTY, M NNESOTA RESOLUTION NO. 2006-080 A RESOLUTION APPROVING PARTIAL PAYNTENT NO. 5 TO RILEY BROTHERS CONSTRUCTION FOR WATER SYSTEM INTERCONNECT— PRASE III (Jamaca Avenue, Stillwater Boulevard and 31't Street) BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 5 to Riley Brothers Construction in the amount of$178,642.75 for work improvements to the Water System Interconnect Project—Phase III, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 15th day of August, 2006. Dean A. Johnston, Mayor ATTEST: Martin J.Rafferty, City Administrator AUG-10-2006 11;55 TKDA 651 292 0063 P.O3 1 1500 PIPer Jaffrw Plaza yL' J444 CCd l t 1 DA 0000Safm Paul,,MN MN 55101-2140 �1G�lM•AR ARCHITECTS•PLANNERS (651)292.4400 (e51)292.-8083 Fax www,tkda.com Proj.No. 13524.000 Cent.No._ 1 St.Paul,MN, Au st 8 , 20r 06 Owner To i of Lake SM Minnesota Contractor This Certifies that Park Construction Co. For Tablyn park/Lake Elmo e' hts Waterrnain Is entitled to S1x,Hundred Twee _Seven Thousand Five Hundred Th' - wo Dollars and 95/100 62 32.95 payment on contract with you dated June 6 2006 being, I st estimate for partial Received payment in full of above Certificate. TIQ1A Park Construction Co.20 06 Thomas D.ptew,P.E. ,ECApITULATION OF ACCOUNT CONTRACT CREDITS PLUS EXTRAS PAYMENTS Contract price plus CAMS S 3,143 640.7$ All previous payments Allprevi ms credits Extra No. P n 11 1 11 R 11 Credit No- 11 •• 1{ 11 „ 11 11 11 AMOUNT OF THIS CERTIFICATE 627 532.95 $ 3,143 640,7$ $ 627 532.95 $ Totals $ _ C.sedit Balance 'Isere will remain unpaid on contract after S 2.516.107.83 paymnt Qfthis Certificate $ 3.143 640.7P' $ 3 143 640.78 S An Employee Owned Company PromaNnp Affirmative Atllon and Epral Dpportunity ALICri0-L�DaS ii:55 TKDA 551 292 0083 P.84 TKDA• Bnginecrs-AI CCh.tect3-Plawers FERIODICAL ESTIMATE FOR PARTIAL PAYMNTS Estimate No,. I_,._.Period Ending _ AMMt 4 .20 OS Page 1 of 1 Pne.No. 12524.000 ContMetor Park Can Co. Original ContractAmo=t 3.143.640._7 Project TaWn ParklI.ake Elmo Heights Watermin Location L gh Elmo.Minnesota Total Contract Wotk Completed $ 360,561.00 Matcrial Stared to Date $ 300,000.00 Total Approved Extra Work Completed $ 0.00 Approved s xtm Orders Amoimt Completed $ 0.00 Total Arammt Earned Tbis Esrimate 60,561.00 Less Approved Credits $ 0.00 Less 5 %Retained S 33,028.05 Less Previous Payments $ 0.00 Total Deductions $ 33,028.05 Amo=Due This Estimate $ 629,532.95 tractor _ Date n o. Date Aumt 8.2006 Thomas D. w,P.E. HL1ti-11 Jr L�ILrJb J] b I KDH b51Jc CJEJt�Y Y.LrJ� ESTIMATE NO.1 PERIOD ENDING: Ar�irst d 20�- TABLYN PARK(AKF-ELMO HEJOt TS WATERLWN U'PM ELMO,MINNESOTA PROJECT NO,13524.000 ITEM CONTRACT OUANT1TY UNIT AMOUNT NO, DWOMPTION UNIT QUANTf7Y TO DATE PRICE TO DATE GENERAL 1 MoblRtalfon US 1.0 025 S 40,000.00 S 10,000.00 2 Trafflo Control LS 1.0 0.25 $ 10,000.00 S 2,500.00 3 Remove concrete Curb&Gutter LF 20.0 S - 5 10.00 S - 4 Salvage RC Sewer Pipe LF 80.0 S - $ 10.00 $ Remove&Patch Bituminous Roadway 4-thick Include Gravel 5 Base SY 3866.0 S - $ 22.00 - B Reclaim&Stockpile Sltuminous&Base(6"depth)&PtOepread SY 17979.0 $ - $ 8.00 $ _ T Remove&Replace Bfturn h0us Driveway t thick Gravel Sale SY 129.0 $ - $ 25.00 $ - B Saw Cut Concrete(ftdl Depth)D ivy LF 11.0 $ - $ 5.00 $ 9 Saw Cut eltuminous(full depth)Patches and Driveways LF 5309.0 $ - S 3.00 $ - 10 Topsail Borrow CY 2341.0 $ - $ 15.00 $ - 11 Aggregate Surfacing,CL 5($"thick) TIN 1106.0 S - $ 10,00 $ 12 Remove&Replace Concrete Driveway 6"Thick Base SY 4.0 $ - $ 55,00 5 13 Install Salvaged 12'RCP,CL 5 Storm Sewer LF 40.0 $ - $ 15.00 $ - 14 Install Salvaged 18"RCP,Cl-5 Strom Surer LF 20.0 $ - S 15.00 S 15 install Salvaged 24"RCP,Cf.4 Storm Sewer LF 20.0 S S 15.00 S 16 Connect to Existing Watermain EA 5.0 $ - $ 2,000.00 S - 17 B"Gate Valve&Box EA 47.0 2.00 $ $00,00 $ 11600.00 18 $'Gate Valve&Box EA 28.0 10,00 "S 1,000.00 $ 10,000.00 19 12"Butterfly Valve&Box EA 5.0 S - S 2,500.00 S - 20 16"Butterfly Valve&Boor EA 5.0 $ - $ 3,000.00 $ 21 Hydrant EA 47.0 2.00 $ 2,500.00 $ 5,000.00 22 Hydrant Extension(6') EA 5.0 $ - $ 350.00 ,S 23 hydrant Extension(121) F.A 5.0 $ " $ 400.00 $ - 24 Fusable Saddle w11'Corporation Stop EA 79.0 $ - S 600-00 $ - 25 1"Corporation Stop EA 84.0 S - $ 22.00 5 _ 26 Fwaahle SaddiB w1115"Corporation Stop EA 15-D $ - $ T00.00 $ - 27 1.5"Corporaton Stop I:A 4.0 $ - $ 53,00 S 28 V Curb Stop&Box EA 183.0 $ - S 270.00 S - 29 1.5"Curb Stop a Box CA 19.0 $ - S 330.00 S - 30 8`DIP,cl.50 Watarruin LF 730.0 18.00 $ 26.00 S 450.00 31 a"DIP,01.60 Watermain LF 7563.0 4817.00 S 28.00 S 134,876.00 32 8"HDPE Watemain-DR17 DIP Stze(by directional drilling) LF 10603.0 3825.00 $ 30.00 S 117,750.00 33 12"DIP,c2.50 Watermaln LF 133.0 $ - $ 35.00 $ - 34 12"HDPE Watermain-DR37 DIP St s(by directional dulling) LF 5117.0 $ - S 40.00 5 - 35 12"MJDIP.d.50 Watermain(through casing pipe) LF 170.0 $ - S 50.00 S - 36 16'DIF,d.50 Wstermaln LF 68.0 3 50.00 $ - 37 16'HDPE Watermaln-DRI?DIP Size(by directional dlliling) LF $198.0 1325 $ 50.00 S 66,300.00 38 I'Type HDPE DR11 Water Servloo(dlrectlonai drilling) LF 14381.0 $ - $ 22.00 S 39 1"Type'W Copper Warr Service(open cut) LF 2430.0 $ - $ 17.00 $ - 40 1.5'Type HDPE DR11 Water Service(directional drilling) LF 59i33,0 $ - $ 28.00 S 41 1.5'Type"K"Copper Water Service(open cut) LF 120.0 $ - S 22.00 $ 42 JacWAuger 241 Stall Casing Pipe LF 150-0 9 - 5 200.00 S - 43 DIP Watemlain Fittings(C 110 Standard) La 14354.0 1727.00 5 5.00 S 8,636.00 44 Remove&Replace Concrete Siciewalk 4"thick SF 73.0 S - $ 3.00 $ - 45 Concrete Curb&Gutter(match 24sllng) LF 20.0 $ - S 15.00 S - 4$ Concrete Curb&Gutter 13412 LF 300.0 $ - S 20,00 $ - 47 Core Drill Basement Foundation Wall&Suet FA 181-0 $ - S 400.00 $ - 48 Shrub(potted)24"(match a-Asting) EA 10.0 $ - $ 100.00 $ - 49 Salvage Shrub(transplant) 1_A 10.0 $ - $ 30.00 S » 50 $Itt Fence LF 600.0 892.00 5 1.50 $ 1,338,00 51 Sodding,Type Lawn SY 137MO S - $ 3.60 $ - 52 Common Laborer(for mjscC landscape work) MAN NF 80.0 $ - S 50.00 $ 53 Seed&Wood"Fiber Blanket AC 1.0 S - S 81000.00 $ - 54 Landscape Rock(match eAsting) CY 50D $ - $ 50.00 S - 55 Off Road Strvctum Marker F.A 12.0 $ $ 50.00 $ SUSTOTAL-GENERAL $ 358,449.00 1 HUU-1Lf-�Jub 11;t�b I KDR Vib ESTIMATE NO.1 PERIOD ENDING: August 4,2006 TABLYN PARKA AKE ELMO HEIGHTS WATERMIAIN LAKE ELMO,MINNESOTA PROJECT NO.13524.OW rTEM CONTRACT {QUANTITY UNIT AMOUNT NO. DESOPJPTION UNIT QUANTITY TO DATE PRICE TO DATE TABLYN PARK(STREET WORK) 1 Common Excavation CY 197&0 ._. ., 264,0 4 8.00 S 21112.00 2 Agg►egate Base CL 5 TN 1128.0 - $ 10.00 $ - 3 Type LV-4 Rltrtminous Non-Woar Course Mixture TN 1052.0 - $ 30-00 � 4 Type LV-4 Bituminous Wear Course Mixture TN 1780.0 - S 42.00 S - 5 Bituminous I4lateral for Tack Coat GA 899.0 - 5 1.50 $ , 6 Adjust MH Casting&Replace Casting&Rings EA 1.0 - $ 400.00 $ T Repair Catch Basin,Replace Casting&Flings EA 6.0 - $ 60D.00 S 8 Bituminous DWaway Apron(2)(new) SY 241.0 9 Remove&Replace 8rtuminous Driveway 2•Thick Gravel Bass SY 4T7.D - $ 25.00 $ - 10 Remove&Replace Cwcrete Driveway V'Thick&E3ase SY 249,0 - $ 55.00 $ - 11 Saw Cut Bituminous(Cull depth)Driveway$ LF 8$2.0 - $ 3.00 S - 12 saw Cut Concrete(hull depth)Drlvreways LF 431.0 - $ 5.00 $ - 13 saw&seal Street(40'Intervals) LF $895.0 S 1.50 $ SUBTOTAL-TABLYN PARK(STREET) $ 2,11ZOO TOTAL E"MAT{NO.1 $ 380,561.00 2 TOTAL P.06 CITY OF LAKE ELMO WASHINGTON COUNT', MINNESOTA RESOLUTION NO. 2006-08I A RESOLUTION APPROVING PARTIAL PAYMENT NO. I TO PARK CONSTRUCTION COMPANY FOR TABLYN PARK/LAKE ELMO HEIGHTS WATER MAIN BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 1 to Park Construction Company in the amount of$627,532.95 for work improvements for the Tablyn Park/Lake Elmo Heights Water Main, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 15th day of August, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator E . TKDA ENGINEERS•ARCHITECTS•PLANNERS 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul,MN 55101-2140 (651)292-4400 August 14, 2006 (651)292-0083 Fax www.tkda.com Honorable Mayor and Citv Council City of Lake Elmo, Minnesota Re: 2006 Overlay City of Lake Elmo, Minnesota TKDA Project No. 13688.000 Dear Mayor and City Council: Bids for the referenced project were received on August 11, 2006, with the following results. A complete Tabulation of Bids is enclosed for your information. Contractor Base Bid Valley Paving, Inc. $208,318.00 T.A. Schifsky & Sons, Inc. $217,959.00 Astech Corp. $223,947.73 Midwest Asphalt Corp. $249,458.25 Tower Asphalt $250,627.00 Engineer's Estimate $229,197.50 Recommendation We recommend that you award the Contract to the lowest bidder,Valley Paving, Inc., for their base bid of$208,318.00. Please do not hesitate to call me with any questions or comments you may have. Sincerely, Thomas D. Prew, P.E. Project Manager TDP:cme Enclosure An Employee Owned company Promoting Affirmative Action and Equal opportunity w o $oo pp op00000000 U o oc� $ oog0000000000 w ? F- 00000cvco �r a000000ui OD,oi JZ CO OOOONMs OOONOOQ � SO Q Cn Q � SON Otf) 'A' ONNC9m . 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AND WHEREAS, VALLEY PAVING, INC. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with VALLEY PAVING, INC. in the amount of$208,318.00, in the name of the City of Lake Elmo for the 2006 OVERLAY Project according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo City Council this 15th day of August, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator Summary Building Report 3ully-2006 I Year to Date Permits Permits Issued Valuation Issued Valuation New Residential 4 $2,126,965.00 New Residential 18 7,754,853.00 New Commercial 0 $0.00 New Commercial 4 13,622,080.00 R t Other Residential 33 $1,317,883.00 Other Residential 206 4,631,411.00 Other Commercial 5 $211,000.00 Other Commercial 27 5,525,616.00 Total 42 $3,655,848.00 Total 255 $31,533,960.00 I 3 s IrII,I p. Total Building Fees Collected $51,523.18 777737 Total Building Fees Collected $367,1fi4.29 i 1 S Summary Plumbing Report 3 Summary Plumbing Report s t Plumbing 9 $186,546.00 Plumbing 56 $2,112,896.00 i Total Plumbing Fees Collected $603.00 1 Total Plumbing Fees Collected �$15,489.5__ I 3 { Summary HVAC Report Summary HVAC Report HVAC 6 $106,400.00 HVAC 62 $4,685,706.00 q Total HVAC Fees Collected $703.00 Total HVAC Fees Collected $46,200.76 Summary Grand Total Fees $52,829.18 'Summary Grand Total Fees $428,854.55 Surcharge Fee Paid to State $1,819.09 Surcharge Fee Paid to State $16,347.98 SAC Fees Paid to Met Council $0.00 SAC Fees Paid to Met Council $18,600.00 WAC Fees Paid to Oakdale $0.00 WAC Fees Paid to Oakdale $6,000.00 Misc. Expenses $0.00 Misc. Expenses $0.00 it F Total Fees Retained $51,010.09 Total Fees Retained $387,906.57 Credit Fees to Bldg $39,159.01 Credit Fees to Bldg $332,953.49 Credit Fees to Water $11,700.00 Credit Fees to Water $54,200.00 Credit Fees to Sewer $151.00 i Credit Fees to Sewer $753.00 "-3A 1500 Pier Jaff Plaza i JKDAL" PY 444 Cedar Street Saint Paul,NIN 55101-2140 ENGINEERS-ARGH(TEM-PLANNERS (651)292-4400 (651)292-0083 Fax MEMORANDUM www.tkda.cam To: Marty Rafferty, City Administrator Reference: Center Island Interest Poll Copies To: Tom Prew, City Engineer 27th Street Court N & 27th Street N Ryan Stempski, Project Engineer Tablyn Park,Lake Elmo,Minnesota Proj. No.: 13524 From: .lennifer Neby, EIT Routing: ]Date: August 9, 2006 Resident Address: Y--1 $ Resident Name: Phone Number: Date of Visit: At the City's request residents were asked the following questions and their response was documented as shown: 1. The City has asked=A to ask your opinion on a landscaped center island in your cul-de-sac. Would you be in favor of a center island? (yes or no) 2. If so,would you be willing to help plant and maintain this green space? The planting will be low maintenance. Maintenance could include watering,weeding,pruning, etc. 3_ If a center island was constructed, the City may post `No Parking' within the cul-de-sac. What would your opinion be then? An Employee Owned Company Promoting Affirmative Action and Equal Opportunity yy .-._.-.. ...- \_c_...... 4 s .le " I `s ` \\ \\ \ B --'' \ \ ;I safo 261 FACE TO FACE ezo \ D4 FACE TO FACE a Q/412 CONC, CURB. 5 \ D412 CONC. CURB. � ! it \ >\ ,,.,•.\��\\ O{� / { 1 ........ �\ - I I _.-._... 1`,� '✓ ) w. p �R r c v s�•vva q I ( 11 11 ��il -� t ��.1 /�� '6K�\i I \ i Z A 11 �I ®..', INSTALL 12" OF (. r. INCv L 1'" OF r" I�� a 9 t a\ \ 'Aa TOPSOIL IN ISLAND! IcSS) \\\ \ `\ P % i \ \i,}\ j 6 \,TbPSpI IN\ISLAND AREA. - ...._.... .......... ._.__.. CONST. 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RSOI IC—.-dyo,CL1IgrIEA=ATiCD—H- 1,Il 2��(�,--�y�-I r�„fs,.„,aly.c ms°.M- \o.�—_�_.I t -II IlI I gG1�reuru_".I�f f�rr•7-f 1I 11--`i t#.:1 1. .. I I.! L k � nr _ CONS �`B. _ITUR OJMOVE / nsR E.�I A EfMMINAOUS CURB (SEEDETL) P1P--`-',lt•_:'k_ =-U,,r s _..... U STO n REMOVEkREPLACE,1CP- .'til5 ( � R PROTECT CATCH-BASIN- j c 20LF-12 RCP STORM PIPE 1 :- • __--S_�'t --3'H_- - /''1-- .sf I-c-Ill"_' ..:Y' ICI �. F• C:6� l� �_ T � .___....._..- _-........._ — „i •i• �'p -3'�i° •�hr �11 �r.l �U Zv:• III I I � i �� @ �'1 � P OTECT CATCH BASIN � •5" Y ���/i' I F> � � I .x 1 - r a�l I �' I�I I I � ,�I �'' �': _�•:i},i, �;'. "m � ai l � <`> (� ®e µ +i�;/ l,�r. 1� \� �•� I h } �� ° � _ �mm� 11 L (a Y '� �°.� %s� x t'� ssiic 's l3•� a;, `IeiA.+ 4 �— I, -r 51'.'S.'.^:','fJSi,.,., ,q•' - `�,l ,, .• "1' 5 h'XI I ° 1 1 _ �_Y•�'�-i'f°-:gin.,, F I 1 £/ " iss"is'sss /;l ^"�,, s•':_ .5_"---4,.. I ........ L._ ......_—_....._ ........._—_.......__ ._..._............. I ..........--__-1_ 1__.._. 1 ............... Sf._...., ,x:Ht`y'.,'','''^�`{',"J,�••'S \\5F .;s' '� \ t; �� ( p i a 1 'ra _ \ �. I \\ E ' } E n E TABLYN PARK LAKE ELMO HEIGHTS PROJECT No. H DESIGNED DRAWN 1 HEREBY CERTIFY PARED \/ 9Y MY DIRECT S711PEINND THAT �� �� RDJ RD A bULY LI .NSED PROFESINEER WATER AIN EXTENSION REMOVALS & RESTORATION 13524 E UNDERT l S OF THE STATESOTA m RECORD NO.o-2" CHECKED PRE LAKE ELMO MINNESOTA WrS p N0. DATE BY DESCRIPTION OF REVISIONS � CLIENT N0, P DATE 4/18/2006 io.NO, 19621 ENGINEERS-ARCHITECTS a PLANNERS SHEET N0. 10 OF 52 SHEETS G S6x MSA NO. Lake Elmo Agenda Section: Planning,Land Use and Zoning No. 9A City Council August 15, 2006 Agenda Item: Septic Drainfield Setback Variances— 8320 Hidden Bay Trail (Swanson) Background Information for August 15, 2006: The Planning Commission will conduct a Public Hearing and (likely) adopt a recommendation to the City Council on this matter at its August 14, 2006 meeting. Due to the unusual juxtaposition of Commission/Council meeting ng the day after the dates this ma ter on the Council agenda before wothe extending have a recommendation courtesy to the applicant by placing this m from the Commission. The applicant seeks a variance from drainfield setback standards to the property line (3 feet where 10 feet is required) and an existing detached garage (3 feet where 20 feet is required). The variances relate to the applicants' failing (and apparently undersized) septic system needing a new drainfield in proximity to the existing drainfield. For purposes of this agenda we have attached a draft Resolution for approval of the variances consistent with the Planning Staff Report. We will report the Commission's Findings and recommendation on August o�ra both Variances, staff will bring a denial resolution 15. Should the Commission recommend denial of one with the Commission's Findings to the Council meeting Person responsible: Action items: City Planner Motion to adopt either the attached resolution of approval or an alternative Resolution of Denial for septic system setback variances at 8320 Hidden Bay Trail. ,-,__ Time Allocated: Attachments: v�} 1. Draft Resolution#2006 - Approving Variances 2. Planning Staff Report with Attachments CITY OF LAKE ELMO WASHINGTON COUNTY,MINNESOTA RESOLUTION NO. 2006-083 A RESOLUTION APPROVING SEPTIC DRAIN FIELD SETBACK VARIANCES REQUESTED BY JOHN AND DIANA SWANSON/JET CONSTRUCTION AT 8320 HIDDEN BAY TRAIL NORTH WHEREAS,John and Diana Swanson/Jet Construction has made application to the City of Lake Elmo for a variance from drain field setback standards to the property line(3 feet where 10 feet is required) and an existing detached garage(3 feet where 20 feet is required) at 8320 Hidden Bay trail North,Lake Elmo, Minnesota. WHEREAS,the Lake Elmo Planning Commission considered these variance requests at its August 14,.2006 meeting, and recommended that the variances be granted based on the following Findings: 1. The property can not be put to reasonable use without the granting of the variance requested. The property can not be put to any continued residential use without a properly functioning septic system. As a platted parcel with an existing home,residential use is a reasonable use of the property. 2. The variance requested does result from circumstances unique to this property related to the location of the existing septic system in 1980. There is no alternative location feasible for the system reconstruction and enlargement required to render the system fully functional- 3 . Granting of the variance will not change the essential character of the neighborhood since all proposed improvements will be below grade. WHEREAS,the Lake Elmo City Council reviewed the septic drain field setback variances requested by John and Diana Swanson/Jet Construction, 8320 Hidden Bay Trail North,at the August 15,2006 meeting. NOW, THEREFORE,BE IT RESOLVED,that the Lake Elmo City Council hereby approves septic drain field setback variance requested by John and Diana Swanson/Jet Construction, 8320 Hidden Bay Trail North,based on Findings of the August 9,2006 Planning Staff Report and plans staff dated August 9, 2006. ADOPTED by the Lake Elmo City Council on August I5,2006. Dean A. Johnston,Mayor AT=ST: Martin J. Rafferty,City Administrator Swanson variance r LAKE ELMO PLANNING COAINUSSJGN STAFF PORT Date: August 9, 2006 for the Meeting of August 14, 2006 Applicant: John &Diana Swanson/Jet Construction Location: 8320 North Hidden Bay Trail Requested Action: Section 700 Septic Setback Variances (2) Land Use Plan Guiding: SRD Existing Zoning:R-1 (Shoreland Overlay) Site History and Existing Conditions: Washington County records report the subject site to be 33,707 square feet in area (0.77 acres) containing a house of 1,384 square feet constructed in 1954. The assessor's records report this to be a 4 bedroom home. City Building Department records regarding this site begin with a.permit to construct a septic system in 1980. There is no indication in the City files as to what manmer of septic treatment pre-dates this installation. The 1981 septic installation was specifically designed (sized), permitted and constructed to serve a 3 bedroom home, and with a drainfield located within not more than 2 feet from the east property line. No additional permits or City actions of significance appear in the records of this site. A 2006 report by a State-licensed septic system inspector/designer indicates that the circa 1980 septic system serving this site is a "failing system". Staff observes that serving a 4 bedroom home with a system that had been designed to serve a 3 bedroom home (for at least a portion of the previous 26 years) may have contributed to the system failure. Discussion and Analysis: The applicants' septic designer advises that the existing system can renovated to address the present failing condition by the addition of new septic tanks and more than doubling the area of drainfield trenches. From a infiltration area perspective the design has effectively mandated a totally new drainfield— this time sized for 4 bedrooms rather than 3. Locating the new tanks and drainfield trenches in reasonable proximity to the existing septic system components — but not in the OHW setback to Lake Demontreville— results in the new drainfield trenches within 3 feet of the east property line (10 feet required) and within 3 feet of the applicants' slab floor detached garage (20 feet required). Drainfield setback standards are established by Minnesota Rules 7080, which are adopted by the City by reference in Section 700 of the City Code. While not required to support a septic variance application, we note that the neighboring property owner to the east has submitted a letter offering no objection to the proposed drainfield enlargement and variance to the yard setback. Section 700.05 of the City Code (as amended in 2003) provides septic variances shah be processed and heard using the same process as prescribed for zoning variances (Section 300". That would include,we assume, the same required Findings as well. Findings and Recommendations: 1. The property can not be put to reasonable use without the granting of the variance requested. The property can not be put to any continued residential use without a properly functioning septic system. As a platted parcel with an existing home, residential use is a reasonable use of the property. . 2. The variance requested does result from circumstances unique to this property related to the location of the existing septic system in 1980. 'There is no alternative location feasible for the system reconstruction and enlargement requited to render the system fully functional. 3. Granting of the variance will not change the essential character of the neighborhood since all proposed improvements will be below grade. Planrdng Common Actions Requested: Lotion to recommend approval of variances for septic drainfield setbacks at 8320 Hidden Bay Trail based on Findings of the August 9, 2006 Planning Staff Report and plans staff dated August 9, 2006. t� . Charles E. Dilleru.d, City Planner Attachments: 1. Location Map 2. Applicants' Documentation aEv JUW X;*W 12I9\i' nlraTaEx 0 T.i01Y -Yc1U aHHf INN T±91V F l'_4N LAKE OcMONTREVILLE i w, RMtlI AI'AONOF"WrlT2fit mr tt a P£iPTECIFl WATERSMFJ�YL tpf n S T27N�� P_7N •��'• ram• !'a I Viain'rty Map Y� C�'^ SF � .���.+� YSaO ��0or•"�'ma, ,LLB� ` `�'- m���. � € RLS! iO46 HiF �� '4♦ I iR � . a as ��z t\♦♦ a^° t a� { Hy ss 0 278 OACE `AC ES '� ❑ ��� acale in Feet �Q7 x �. i !� d.a j i Rem, .�`` ♦r I • yr p ( TRAIL NORTH p � i �� •� � t`a14a � t J �� �mx Q 1 19 ttt5'^ d 1 ( �riou® t err 4 art�� \_J , 4"�'0^ w °r•, m TM°dteWingis Yie remiRaraWAOGM -PP— CIB�4F-d-*16O C-1w "�_.aa, a Tlq tl�mYl�p xremdma+od e�rewecrc OA AC z ixrtPn+u aNy.Wa°NnplM�aaHY[s nol D a . �` �` � �— rp� e -` tm�Imaa�nmYswokYannm� The existing sewage treatment tanks are cesspool and seepage pit, and are classified as non-compliant and will need to be abandoned and replaced. Homeowner chooses to upgrade the system now, in order to improve conditions affecting groundwater and the lake. Existing trenches are compliant and may be Lased. These trenches appear to be surveyed at five feet over the property line. These trenches would be terminated three feet back from the property line(and the abandoned portion backfilled with loam). Additional trenches would be added to double the total area. The new trenches would be only 3' from the property line and 3' from an uphill garage, slab on grade. The hardship related to this application is as follows: Existing tanks need to be replaced to protect the adjacent lake and groundwater. Due to limited space between the house and property line,replacement tanks and additional trenches need to be as close as 3' from the property line and 3' from and uphill garage, slab on grade. Given the existing conditions,the only possible location would require these variances. The existing situation has been evaluated by Steven Shirmers WCA No. 627), and he designed the current proposed solution. Jon Olson of Olson Sewer Service would install the new system, and he confirms with Shirmer that the variance is required,but desirable and necessary. The adjacent property owner, Jack Goodlad,is aware of the proposal and supports the decision to grant the variances. The affected area is all well downhill from his property. RECEIVED # J July 14, 2006 Jahn&I3i.ane Swanson 8320 Hidden Bay Trail NT. Lake lalmo.YN 55042 Dear John and Diane I understand that you plan to expand and reconstruct your home's septic system in order to meet the City of Lake Elmo's Building Code. It is also my understanding that your contractor plans to install the drain field to within five feet of our common property lime. You asked me for a no objection letter pertaining to the installation of the drain field for your new system. I have no objection to the installation of your drain field,which will be built in accordance to legal specifications, to within five feet of the property line. Sincerely, Coodlad 8344 Hidden Bay Trail N. Lake Elmo,Ill 55042 RECEIVED. TES TIN ;NC. Steven B. Schirm - MPCA Cert.No_ 527 951 Katydid Lane KE - St. Michael, MN 55376 - (753) 497--3566 FAX (7133) 497-5011 State License #394 Revised July 18, 2006 Revised June 15, 2006 Mav 9, 2006 RECEIVED John Swanson 8320 Hidden Bay Trail Lake EEIMO, Washington Cc, MN A Compliance inspection was Completed for the existing on-site sewage treatment system located on this property,. The existing tanks are a cesspool &seqp6ge pit which are�assffied as non-compliant&wili rveed to be abandoned & replaced. Due to fln-ftad amass use Plastic tanks, Two rock trenches were found with the top of the rock at 24" & the bottom of the rock 42" below the ground surface, 1-he bottom of the highest trench is at elev.102.1. In soil boring 42 mottled soil (redox features)were found at ele,+. 98.6 which I'eaves a 3.3' m separation from the botiom of the trench &redox features & in boring #3 redox features were found at elev. 98.0 which leaves a 3.2' separation. The existing trenches are compliant & may be used. After the survey has been completed the existing trenches = 327sq,ft., 109 limft-, 760 sq.ft is needed. An additional 433sq.ft-, 144 lin.ft. Ml need to be added. Due to limited space, use high capacity chamber. T he neW trenches will need approval to be 3' from the east property fine & 3from the existing qqrage (slab on grade). This will need approval or a variance from the City of Lake Elmo. This is needed due to limited space, fill soil, steep slopps, compacted soil, trails & parking area on the remainder of the property- The survey sho%-s the existing trenches extend 5' over the east property line which *,11 need to be removed 3' back from the property line & baclTilled with loam soil, This On-Site Sewage Treatment Systarn is Designed for a Type 1, four bedroom home,. in acwrdance with the Minnesota Pollution Control Agency Chapter 7080 and local ordinances. 'd Eggs "IN �On)Jv AU03 AMA Av9s "fl 90H W llnr The soils an this site are a loamy medium sand: The seasonally saturated soils were located at Sim & $$' (mottled soil) . The bottom of the treatment area must be located at least 3' above the seasonally saturated soils. A standard trench system may be installed. A pumping chamber will need to b5 installed to iift the septic effluent to the treatment, area. The po%er supply and switches must be located outside the manhole and pursing chamber in a weather proof enclosure. A warning device mint be installed with a light and sound device, this is in oace of a pump failure. The eAsting supply line mill be abandoned & a new supply line installed to the highest trenoh. The eidsting drop boxes will be disconneeted &new drop boxes instalied_ A lift pump will be needed for the entire water use In the home to keep.the tanks shallow. A pump ll be used in a 24"to 30" riser outside the foundation, 50' from the well & TIa from the shoreline. The pump will need to be a dual pump with an alternating refay. An effluent screen is recommended at the outlet of the 2nd tank to prevent solids from entering the pumping chamber. All neighboring wells are located greater than 50' away from the proposed treatment area, Keep ail heavy equipment off of the proposed treatment area before and after construction'' The treatment area should be marked off'before construction. This Design is not valid &the system vAll need to be reload if failure to protect the areas proposed f6r On-Site Sewage Treatment ours. With proper installation and maintenance,this system should have no problem in t-eating septic effluent a " ,- ively. 2 Nothing other than human waste, toilet tissue, laundry, shovers, water softener ato. should be disposed of into the septic tanks, Recommend Iron filters be diverted out of the system, Recommend to divert the water softer also if the iron filter is diverted, Garbage disposals are not recommended, due to adding more solids&fine solids passing through to the system, Excessive amounts of soaps, antibacterial soaps, cleaning agents, shower cleaners used every shower& chlorine agents may mill the bacteria needed to treat sepflc effluent. Addit ve;s are not.recommended. Recommend to pump & clean your tanks through the manhole by a certified pumper every 2 years, Check with your purnper to sat up a schedule. Recornrnand laundering be Urriiied to 3 to 4 loads per day. <;Z�B ;e�. Steven B. Schirmers 3 'a Mt 'IN DOM AVOW AJJVA W :0t 900Z W 'Ifir NOVS4'14."-E- 222-27 29* 125.03 97M IF] rn ;Z7 V ;M1 1, ri rn CTI 77- 31) '7117 R 7-3 f�lLO ILA ........... (•"W 811:1, �\�1 y I `� r,. \ �rk���, `4:E�,�� '4�-\i , -t7,i� ,��� _•I asi i i � a� Q 75A1 ...... S0,20 20127 xb V)o .r1I Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9B City Council August 15, 2006 Agenda Item: Conditional Use Permit/Site Plan— 11051 Stillwater Blvd. (Baillie/Harty) Background Information for August 15. 2006: The Planning Commission will conduct a Public Hearing and (likely) adopt a recommendation to the City Council on this matter at its August 14, 2006 meeting. Due to the unusual juxtaposition of Commission/Council meeting dates this month (one being the day after the other) we are extending a courtesy to the applicant by placing this matter on the Council agenda before we have a recommendation from the Commission. The applicant proposes relocation of a veterinary clinic from its present Lake Elmo Avenue location to the former Harty Insurance building on Stillwater Blvd. Applications for a Conditional Use Permit to locate a veterinary clinic in the GB zone and a Site Plan to modify the parking arrangement on the site have been presented to the City. A previously approved Site Plan (2005) to enlarge and remodel this site has been abandoned by those applicants. For purposes of this agenda we have attached a draft Resolution for approval of the Conditional Use Permit/Site Plan consistent with the Planning Staff Report. We will report the Commission's Findings and recommendation on August 15. Should the Commission recommend denial of the Conditional Use Permit, staff will bring a denial resolution with the Commission's Findings to the Council meeting as well. Person.responsible: Action items: CISC � �•,�,�.� r to adopt either the attached resolution of Motion p approval or an alternative Resolution of Denial for a Conditional Use Permit and Site Plan to locate a veterinary clinic at 11051 Stillwater Blvd. s Attachments: G Time Allocated: 1. Draft Resolution #2006 - Approving CUP/Site Plan 2. Planning Staff Report with Attachments CITY OF LAKE ELMO WASHINGTON COUNTY,MIISNESOTA RESOLUTION NO. 2006-084 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT/SITE PLAN AT 11051 STILLWATER BOULEVARD NORTH TO LOCATE A VETERINARY CLINIC WHEREAS, Dr. John Baillie and Gary Harty have requested a Conditional Use Permit at 11051 Stillwater Boulevard North to locate a Veterinary Clinic in the General Business Zone. WHEREAS,the Lake Elmo Planning Commission held a Public Hearing on August 14, 2006, and reviewed and recommended approval of the Conditional Use Permit/Site Plan for a Veterinary Clinic based on the following findings: 1. A Conditional Use Permit for a veterinary clinic in the General Business Zone is allowable per Section 300.07, Subdivision 4H1e of the Zoning Ordinance. 2. The required general Findings for a Conditional Use Permit specified by Section 300.06, Subdivision 4 of the Zoning Ordinance can be made in the affirmative, subject to several conditions related to the operations of the veterinary clinic. 3. The Section 520 Site Plan for parking and drive modifications to the site generally complies with applicable provisions of the City Code. NOW, THEREFORE, BE IT RESOLVED,by the Lake Elmo City Council hereby approves a Conditional Use Permit/Site Plan at 11051 Stillwater Boulevard North to locate a veterinary clinic,based on the Findings and subject to the following conditions: 1. Barking dog complaints shall be reviewed by the City Council and maybe the basis for revocation of this CUP if such conduct creates a nuisance to adjoining property—as determined by the City Council. 2. Site modifications shall be consistent with the Section 520 Site Plan staff dated August 9, 2006 as may be modified by the conditions of the Site Plan approval resolution. 3. The septic system for the subject property shall be in compliance with City regulations and shall be determined to be in compliance by the Building Official prior to occupancy responsive to this CUP. 4. There shall be no outside kennels or animal runs_ 5. All disposals of animal parts and waste shall be in compliance with applicabic State, County, and City laws. 6. Specific veterinary practices permitted by this CUP shall be limited to veterinary medicine, surgery, dentistry, and related service for small domestic and non- domestic household pets. 7. The Site Plan shall be modified to convert at least six proposed off-street parking space to"Proof of Parking to be constructed only if directed by the City. All existing parking area located within the Highway 5 right-of-way shall be removed, including any impervious surfacing related to such parking. 8. Compliance with any recommendations of the City Engineer and City Attorney. 9. Upon occupancy of this site as a veterinary clinic the Conditional Use Permit for a veterinary clinic issued to John N.Baillie at 3417 Lake Elmo Avenue (Resolution 97-54) shall expire and become null and void. ADOPTED by the City Council this l Sth day of August, 2006. Dean A. Johnson Mayor ATTEST: Martin J.Rafferty, City Administrator Baillie/Haaty All that part of Lot 1,County Auditor's Plat No. 8,Washington County,Minnesota, described as follows: Beginning at the quarter-section comer on the west side of Section 13,Township 29 North, Range 21 West,thence north along the west line of said Section 13, 329.64 feet to a stone monument on the southerly side of the St. Paul and Stillwater Road;thence N55°16%2'E along the said southerly line of said Road 464.63 feet to the northwest comer of a tract of land conveyed by James S. Collopy and wife to William Albrecht by Warrant Deed dated and acknowledged June 11, 1910, and recorded in the office of the County Recorder in and for said Washington County in Book 76 of Deeds, page 148,to the place of beginning;thence south along the west line of said land 261.6 feet to the southwest comer of said land;thence S72048'W 225 feet to a point;thence north along a line parallel to the said west line of said Section 13 to a point in the said southerly line of said St. Paul and Stillwater Road;thence N55°16V2'E along the said southerly line of said road to the place of beginning. u LSE ELl O PLANNING COMMISSION STD REPORT Date: August 9, 2006 for the Meeting of August 14, 2005 Applicant: Dr. John Baillie and Cary Harty Location: 11051 Stillwater Blvd. Requested Action: Conditional Use Permit for a Veterinary Clinic and Section 520 Site Plan Laud Use Plan Guiding: Commercial Existing Zoning: GB (General Business) Site 11istory and Existing Conditions: The site is 1.1 acres with an existing 2,057 square foot (foot print) structure that was converted from a residence to an office building in 1980 following rezoning by the City from R-1 to GB. City records reveal no other actions of significance on the site except a modification of the sign face message for the occupant insurance agency in 2004. In 2005 the City approved a Section 520 Site Plan for the site that proposed demolition of the west portion of the existing building, and subsequent addition of 3,321 square feet to the remaining existing building, and adding 6 off-street parking spaces at the front of the building (Resolution 2005-048, attached). The 2005 applicant, Bahr Management, did not follow through with that prof ect Discussion and Analysis: The applicants propose a Conditional Use Permit to locate a veterinary clinic within the existing one story frame building. The clinic would be relocated from its present premises at 3417 Lake Elmo Avenue at which a Conditional Use Permit for a veterinary clinic was approved by the City Council in 1997 (Resolution 97-54). The applicants also propose a Section 520 Site Plan for limited site improvements (primarily off-street parking). It is the understanding of staff that the use of the subject structure will duplicate that of the existing use at 3417 Lake Elmo Avenue—veterinary clinic only, with no animal boarding. Several of the conditions from Resolution 97-54 may still be appropriate should this CUP be otherwise approved. The Section 520 Site Plan addresses only parking/drive modifications proposed for the site. In an effort to attain the 1 parking space per 150 square feet of building area required by the Zoning Ordinance for "clinics" (the closest use to veterinary for which an off-street parking formula is specified) the applicant proposes a total of 14 parking spaces — 8 to 10 more than the site now appears to offer. 'While the applicants have advised staff that some additional parking is desired at the rear of the building for their staff, City staff questions whether all 14 spaces (and the attendant impervious surfacing) are actually required for this use. We are suggesting that any parking and related asphalt now in the Highway 5 right-of-way be removes, and perhaps 6 of the 10 proposed new parking spaces on west side of the building be instead "Proof of Parking" and not be constructed at this time. In keeping with the basic design themes of the Village Area Concept Plan tl it would be preferable for the 6 "Proof' parking spaces be those closest to Flighway 5, leaving a driveway and "back-to-back" 7 parking spaces toward the rear of the structure. As a parking area of less than 15 spaces, no landscape island requirements are applicable. Findings and Recommendations: 1, A Conditional Use Permit for a veterinary clinic in the General Business Zone is allowable per Section 300.07, Subdivision 4HIe of the Zoning Ordinance. 2. The required general Findings for a Conditional Use Permit specified by Section 300.06, Subdivision 4 of the ZonLng Ordinance can be made in the affirmative, subject to several conditions related to the operations of the veterinary clinic. 3. The Section 520 Site Plan for parking and drive modifications to the site generally complies with applicable provisions of the City Code. Staff recommends the Planning Commission recommend approval of the Conditional Use Permit and Site Plan based on the Findings#1 and#2 above subject to the following conditions: 1. Barking dog complaints shall be reviewed by the City Council and may be the basis for revocation of this CUP if such conduct creates a nuisance to adjoining property — as determined by the City Council. 2. Site modifications shall be consistent with the Section 520 Site Plan staff dated August 9, 2006 as may be modified by the conditions of the Site Plan approval resolution. 3. The septic system for the subject p0roperty shall be in compliance with City reo lations and shall be determined to be in compliance by the BuildinZD g Official prior to occupancy responsive to this CUP. 4. There shall be no outside kennels or animal rums. 5. All disposal of animal parts and waste shall be in compliance with applicable State, County, and City laws. 6. Specific veterinary practices permitted by this CUP shall be limited to veterinary medicine, surgery, dentistry, and related service for small domestic and non-domestic household pets. 7. The Site Plan shall be modified to convert at least 6 proposed off-street parking spaces to "Proof of Parkina" to be constructed only if directed by the City. All existing parking area located within the Ifighway 5 right-of-way shall be removed, including any impervious sulfating related to such parking. S. Compliance with any recommendations of the City Engineer and City Attorney. 9. Upon occupancy of this site as a veterinary clinic the Conditional Use Permit for a veterinary clinic issued to John N. Baillie at 3417 Lake Elmo Avenue (Resolution 97-54) shall expire and become null and void. Planning Commission Actions Requested: Motion to recommend approval of a CUP for veterinary services and Section 520 Site Plan for site modifications to Dr. John Baillie Harty at 11051 Stillwater Blvd. per the Findings and Conditions listed in the Planning Staff Report of August 9, 2006. KJA LdL A Charles E.D.il.l.erud, City Planner Attachments: I. Location Map . 2. Resolution 2005-048 3. Section 300.06, Subdivision 4 4. Resolution 97-54 5. Applicants' Documentation and Graphics IJ7 ::------------ 732N m2m n 114 Ae T3CR4 --PON 'MON MIN 12mq R=v IMIR ran, Y w \rj dnity Map 0 926 Scale in Feet 41 • 45 Fm-1 W F 4, Df�, Location Map CITY OF LADE ELMO Vt ASHINGTON COUNTY; MINNESOTA RESOLUTION NO. 2005-C 40V A RESOLUTION APPROVING TIE SECTION 520 SITE PLAN FOR 11051 STILLWATER BOULEVARD Vi7HEREAS,Bahr Management has submitted a Section 520 Site Plan far site modifications and a 2,046 square foot addition to 11051 Stillwater Blvd.,and WHEREAS, at its March 28,2005 meeting,the Planning Commission reviewed and recommended approval of this site plan per plans staff dated March 9,2005 as same on file with the City Administrator, subject to the following conditions: 1. Relocation of the proposed monument sign to a point not less than 15 feet from the south edge of the MnDOT highway easement; or, elimination of the sign from the Site Plan. 2. Confirmation from the applicant that the installed height of the parking lot lighting fixtures be no more than 20 feet above grade—regardless of pole height. 3. Compliance with the requirements of the City Attorney; City Engineer, Valley Branch Watershed District (as found applicable by the City Engineer) and MnDOT. NOW,THEREFORE,BE IT RESOLVED,that the City Council for the City of Lake Elmo does hereby approve the Section 520 Site Plan based upon the recommendation of the Planning Commission. ADOPTED,by the Lake Elmo City Council on the 5"' day of April, 2005. Dean Johnston,Mayor ATTEST: Martin.Rafferty, Citi7 AIninisLmtor Zoning S,--d n 300-Z,=in,g - - - �; "=—L-- L.. L '�j a � _a.h � na 1_ . fie--i s�.d' iK A�]. larTwcn�-_ __ __s r rr �c,�L &N4 ept 63--4 4 r L mod.4 Conaat6.oar�,1 m-,Pere(be^ia7 Use Permits, SUP), �L Caddidosaal Use Permits may beg or tlexsied in.atcy district by action of the governing body accords+cg to the standards f6r that:disrsct. .`tn gmatiug a eondiri=Pl tine gemit,the gaueming body shell,consider f=advice ad=' ommendations of the Phmmi g Comr,i ricm and the affect of the proposed use upon the heal&,salty,mozais, convenieucer snd g neral welf--re of occupants of suit u ding Jands,=6sting and aaticipated traffic coac1itions iar�lud=F parking fetuses om adjacent stream^.ad land,the effect on utffq and school - capacities,die:sze.^t on gsopesi�values of Frog`-,rty is the sutxouudir�g area,sad#h=erect w � of the proposed Ise on the Comp*eh-asive Plan. Hit r#erorm+Rpc that tnr:ptcrposed Usti V7M net be devimental to the health,safety,convetritnca,morals,=general vreIf-re of the com uuitj nor will cause s rious tza5c canps=n,nor hazards,notwE seriously d=-meciate serroua.din9prope:7 values,and that the use is is ha==ywith.the gm=al pmxpom and intent of this section and the Comp.R.h=sive Plan,the Catmcnnmy gxaut the per=ts. F''e=mits issued inchading i zxaatiaa on the mc,location, conditioas imposed by th corz==ty,time Tirane.=.-viw c3arms,and such other id6=maioa as MZ7 be xiate C. Aj?plication fm a conditional use peunit shall be filed with the Z trator. The applicarioa shall be accompanied by development plans=or th oposed use allowing such inform anion as may be reasonably required by the a r,i .ciudiag but not limited to those t3izags Bated below. The plans shall contain is o=mation for tim c ====jt7 to de-b=mine vh--then the proposed,de-vela, meet all ap acable dev lopmeat atzndsrds. i. sire. drazau to scale g pare-and existing topopzphy. 2 L=xd=of gs and their slue,inclu3ing saves--footage. zlta/s7 • RESOLUTION NO. CITY OF LAKE ELT WRSRINGTON COUNTY, MINNESOTA 1. 0 WHEREAS, John N. Bai.11e ( "fermi .tee" ) represents that he is the purchaser of and will be the record fee owner of the following described property situated in Washington County, Minnesota prior to the commencement of the Conditional Use described herein: County Auditor' s Plat No. 8, Lot - 041, part of Lot 41 being the westerly 135 feet, County Plat No. 6, GEO Code 13-029-21-32-0032 ( "Subject Property" ) . 2. 0 WHEREAS, on September 22, 1997, Permittee submitted an application ( 17kopl.i.cation" ) to the City of Lake Elmo ( "C41 ) for a conditional use permit ( "CUP" ) in order to allow the Subject Property to be used for a veterinary clinic consistent with the City` s Zoning Regulations. 3 . 0 WHEREAS; the Application was reviewed and approved by the City' s Planning Commission at a public hearing on October 15, 1997. 4. 0 WHEREAS, the Application, the recommendations of the City' s Planning Commission, and the recommendations of the City' s Staff were reviewed and the Application was approved by the City' s Council on October 21, 1997, subject to the conditions specified in the City Planner' s Report dated October 21, 1997, and subject to preparation of the appropriate resolution. . 5. 0 NOW, THEREFORE, BE IT RESOLVED, that a CUP is hereby issued to Permittee, his successors and assigns, allowing the Subject Property to be used as a veterinary clinic as hereinafter defined subject to the following conditions: A. Barking dog complaints shall be reviewed by the City Council and may be the basis for a rescission of this CUP if such conduct creates a nuisance to adjoining property. B. A solid wood fence shall be constructed along the south and east border of the Subject Property to screen the site from adjacent residential uses. C. Parking area shall be improved and designated with appropriate signage consistent with a site plan approved by the City Planner. B. Any signage for the business use shall be in compliance with the City' s sign regulations. An illustration of any proposed signage shall be filed with and approved by the City Planner. E. The septic system for the Subject Property shall .be in compliance with the City°s Regulations and sha..l1 be approved by the CityyIs Engineer prior to occupancy of the Subject Property. F. No signage shall be located on the south side of the building on the Subject Property. G. `?'`here shall be no outside kennels or animal runs. H. All disposal of animal parts shall be in compliance with all appropriate state and local regulations. 6. 0 As used herein, "Veterinary Clinic" means and the use of the Subject Property shall be limited to the following: ? . Veterinary medicine., surgery, dentistry and related services for small domestic and non-domestic animals and bir�s B. Non-domestic animals include mostly pets that are not seen routinely in other veterinary practices, included are both large and small birds, rabbits, ferrets, guinea pigs, rats, hamsters, gerbils, chinchillas, mice, lizards, snakes, turtles, miniature pigs, hedgehogs, 1 fish, miniature goats, and other non-domestic pets. C. Sick animal hospitalization but no boarding services. 7. 0 Any violation by Permittee, his successors or assigns, of the provisions of this CUP shall be deemed a violation of the Lake Elmo Zoning Regulations entitling the City to the various remedies provided therein including a rescission of this CUP. 8. 0 A certified copy of this Resolution shall be filed by the City Administrator with the Washington County Recorder or Registrar of Titles . if the Subject Property is torrens , the Permittee shall provide the City with the owner' s Duplicate Certificate of Title in order to allow the City to file a certified copy of this CUP. 9. 0 The invalidity of any condition, Limitation, pros%$lion, paragraph, sentence or clause in this CUP shall not impair or affect in any manner the validityp or enforceability of the remainder of the provisions of the CUP. Approved by the Lake ELT CITY OF LAKE ELMO City Council 04 the day of 1997. s1, Mayor Mary ffner, ity Administrator Reviewed and Accepte on the � � .� day of 3 �° D Q�� �j 1997. Dr. JohnPA4.1le i b/LE/VET.CUP November 18, 1997 July 27, 2006 Subdivision 4, letter A Cedar Pet Clinic has been a member of the Lake Elmo business community and has been a good neighbor; we are pleased and excited about the possibility of moving our business into a new location within the city. We have been members of the Lake Elmo business community and have been good neighbors and business citizens. We made substantial improvements in our building, advertise in the local papers, and support the Washington County Pair. We give free veterinary tours and tallcs to Girl Scout troops—some thirty over the years—and have provided free care to the first grade classroom pet at Lake Elmo Elementary, as well as volunteering a booth at the school's science fair, and visiting the kindergarden classes to talk about pets and animals. RECEIVED 12MI, WSPITAL ASSIMATIUk d z 3417 Lake Elmo Avenue Lake Elmo,MN 55042 Ply..65I-770-3250 July 27, 2006 Regarding siding: Building has wooden siding. Ninety percent of the siding is in a horizontal patter.. e'en percent, abort 25' by the font entrance, is in a.vertical pattern. We'll repiace the ver tical-pattern. siding with horizontal-pattern to match the rest of the building. Extraordinary Care,for Yow Extraordinary Pet. www.cedarpetclinic.com \\4 t \ \ \ .1 NNuv a. y 5 WafttlW,tMsypyxynk{N 4 xwnw.mxa,nl,<nelwme»smveyxxua emu,«-"'° �,k A""A MM�t dF ••�,w '`4a a „< � . E.. d 1` r Take Elmo Agenda Section: Planning, Land Use and Zoning No. 9C City Council August 15, 2006 Agenda Item: Site Plan, Shoreland Variance, and Final Plat—Hudson Blvd. (C&C North America) Background Information for August 15, 2006: These applications were originally scheduled for Council consideration on August 2. The applicant requested in writing that the Council remove these items form the August 2 agenda to permit time for a revised structure OHW setback variance mitigation plan to be reviewed and concurred in by DNR. As of this writing the matter remains unresolved with DNR, but may be by August 15. Therefore, we are placing the applications back on the Council agenda. The complete August 2 agenda packet is attached. The date of "complete application" is July 7. Person responsible: Action items: See attached Staff Memo for the August '-) Council Agenda. Cit4 ere Attachments• Time Allocated: Lake Elmo Agenda Section: Planning,Land Use and Zoning No. 3B Ciky Couneff August 2, 2006 Agenda Item: Section 520 Site Plan.and Shoreland Variance—C&C:North America Background Information for August 2, 2006: On July 24,2006 the Planning Commission unanimously"adopted a recommendation for approval of a Section 520 Site Plan and Shoreland setback variance for construction of a 25,200 square foot office/showroom building on a 2.04 acre parcel of the Eagle Point Business Park.The building owner,C&C North America,is a distributor of Silestone counter tops and flooring. The showroom section of the proposed structure will be to permit purchasers of counter tops and flooring to make selections to be supplied tot heir contractors from samples on display at this facility.The plan specifies that 23%of the total floor area of the proposed building will be showroom,with the balance to be corporate offices for C&C North America. The Planning Commission approval recommendation includes a number of design-related conditions involving parking and stream bank landscape mitigation. Of those,the most significant is the substitution of"proof of parking" for 15 spaces that are excess(over Code minimums), and would have been located in the OHW setback of the Tributary Stream(ditch)to the west of the site.Instead of constructing those spaces,the area will be sodded,and only used for future parking with City approval—which would not be unreasonably withheld.DNR concurs with this strategy as well as with the structure variance and the stream bank mitigation related to proposed grading(rather than very high retaining walls)in the OHW of the stream. The owner's architects have provided revised drawings(staff dated July 27,2006)that reflect the design-related conditions.As such staff has removed/modified those conditions in the attached Resolution recommended for adoption. An additional step related to this project that is not reviewed by the Commission(per Section 400 of the Code)is the final platting of Eagle Point Business Park Outlot C(this site)as Lot 1,Block 1,Eagle Point Business Park 6's Addition.A copy of the proposed Final Plat and the Resolution approving the plat are also attached and recommended for adoption.No Development Agreement is necessary since there will be no public improvements related to this plat. Person resmonslible: Action items: i Motion to adopt Resolution#2006- approving the Section 520 Site Plan City .F 1,inn and Shoreland variance for OHW setback of a structure on Outlot C, �` Eagle Point Business Park as recommended by the Planning Commission and per plans staff dated July 27,2006. Motion to adopt Resolution#2006- approving the Filial Plat of Eagle Point Business Park Ob Addition. Attachments: Time Allocated: 1. Resolution#2006—Approving Variance/Section 520 Site Plan 2. Resolution#2006—Approving Final Plat 3. Planning Commission Minutes of July 24,2006 4. Planning Staff report 5. Documentation and Graphics (Note Dates) CITY OF LAKE ELMO WASHINGTON COUNT', MINNESOTA RESOLUTION NO. 2006-085 A RESOLUTION APPROVING THE FINAL PLAT OF EAGLE POINT BUSINESS PARK 6'h ADDITION WHEREAS, at its April 4,2040 meeting,the Lake Elmo City Council reviewed and recommended approval of United Properties application for a Final Plat and Development Agreement of EAGLE POINT BUSINESS PARK. WHEREAS, United Land LLC has made application to replat a parcel within EAGLE POINT BUSINESS PARK,the legal description of said parcel being Outlot C,EAGLE POINT BUSINESS PAR (Torrens Certificate No. 55289). WHEREAS, at its August 2.2006 meeting,the City Council reviewed the Final Plat of EAGLE POINT BUSINESS PARK 6'.ADDITION. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City Of Lake Elmo does hereg approve and accept the Final Plat for EAGLE POINT BUSINESS PARK 6T ADDITION,as the same on file with the City Administrator, based on the following conditions. 1. Compliance with the recommendations of the City Engineer. ADOPTED by the Lake Elmo City Council on the 15th day of August 2006. Dean A. Johnston,Mayor ATTEST: Martin J. Rafferty, City Administrator City of Lake Elmo Washington County, Minnesota RESOLUTION NO. 2006-086 A RESOLUTION APPROVING THE VARIANCE AND SITE PLAN FOR C & C NORTH AMERICA WHEREAS, the Lake Elmo Planning Commission, at its July 24, 2006 meeting conducted a Public Hearing where they reviewed the Variance Application and Section 520 Site Plan for C& C North America on Outlot C, EAGLE POINT BUSINESS PARK, and recommended approval with conditions. WHEREAS, .the Lake Elmo City Council, at its August 2, 2006 meeting reviewed the Variance Application and Section 520 Site Plan for C & C North America. on Outlot C, EAGLE POINT BUSINESS PARK, the recommendation of staff and the Planning Commission, and made the following Findings with regard to the Variance Appiication: 1. The property can not be put to reasonable use without the granting of the variance requested. 2. The variance requested results from a circumstance unique to this property. The brief sharp meander of the tributary stream - which otherwise flows generally straight - adjacent to a portion of the site places an unreasonable burden on the design of the site and placement of structures. 3. Granting of the variance will not change the essential character of the neighborhood. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Lake Elmo does hereby approve the Variance Application and Section 520 Site Plan for C &C North America at Outlot C, EAGLE POINT BUSINESS PARK in accordance with plans staff dated July 19,2006 and July 27,2006, subject to the following conditions: Conditions 1. Compliance with the recommendations of the City Engineer and City Attorney— specifically regarding surface water drainage. 2. Compliance with recommendations of the South'Wasbington Watershed District that are found to be reasonable and practical by the City Engineer. 3. City Council approval of the variance for structure setback to the OHW. 4. Elimination of the 15 off-street parking spaces at the west site periphery,and substitution of"Proof of Parking"at that location to be constructed in the fixture only upon City approval 5. Compliance with the parking landscape island requirements as prescribed by Section 300.13 Subdivision 6B of the City Code. 6. All exterior lighting fixtures (including any`wall pales") shall be of a full cut-off design.The applicant shall submit manufacturer cut sheets for all exterior light fixtures for City Staff confirmation of compliance prior to issuance of any Building Permit. 7. Compliance with the landscape plan surety requirements of Section 520,Subdivision I of the City Code. S. Provide a landscape plan for stream bank restoration acceptable to the DNR ADOPTED, by the Lake Elmo City Council on the 15th day of August,2006. Dean A. Johnston, MAYOR ATTEST; Markin J. Rafferty,City Administrator RECEin C & C Terra Holdings, L.P. ., August 2,2006 City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55402 Re: C&C North America Hudson Boulevard Variance Request We respectively request that our site plan and variance request hearing before the Lake Elmo City Council scheduled for 7:00 PM,today, August 2, 2006 be tabled for the next City Council meeting scheduled for Tuesday August 15, 2006. This will allow us additional time to further modify the final landscape plan to better address the concerns raised by Travis Germundson with the DNR. Thank you. Ronald B. Gunderson, CPM C&C Terra Holdings, L.P. 366Jackson Street, Suite 400 - St. Paul, MN 55101 Lake Eima PIann�Co.-.omission Meeting EXCERPT Draft Minutes of July 24,2006 1 PUBLIC HEARING: C & C North America,Variance (And a Section 520 Site Plan for C & C North America.) The Planner said that the DNR, applicant, and United Properties recently met with the to discuss these issues raised by the DNR and the Planning Staff Report.. DNR would allow grading to take place but a new Landscape Plan will need to be provided for the area of the stream bank disturbed by the grading. Staff suggests that could be proof of parking. Scott Wiestling, Finn Daniels Architects Mr. Wiestling said they will eliminate 15 parking spaces and replace with proof of parking, bring landscape island calculations into compliance, and will comply with other issues. They will be utilizing natural stone from Spain, face brick, and a metal canopy over the entrance. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:26 P.M. Nobody was present in the audience. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:27 P.M. The Planner added that Landscape Plan and revised plan showing proof of parking must be submitted to the City before the Council Meeting of August 2. M/S/P,Ptacek/Roth to recommend approval of a zoning variance to permit structure encroachment into the OHW setback of a Tributary Stream on Outlot C, Eagle Point Business Park per plans staff dated July 19, 2006 based on the following Findings: 1. The property can not be put to reasonable use without the granting of the variance requested. 2. The variance requested results from a circumstance unique to this property. The brief sharp meander of the tributary stream - which otherwise flows generally straight - adjacent to a portion of the site places an unreasonable burden on the design of the site and placement of structures. 3. Granting of the variance will not change the essential character of the neighborhood. Vote: 7:0. M/S/P,Ptacek/Roth to recommend that the City Council not waive or modify the Tributary Stream parking and drive setback standard of 100 feet depicted on plans staff- dated July 19, 2006, and require the 15 parking spaces on said plan along the west site boundary be eliminated_ Vote: 7:0. Labe Elmo PIanning CO.-Inission Meeting EXCERPT Draft NRnutes of July 24,2006 2 WS/P, Ptacek/Roth Section to approve the Section 520 Site Plan for Oudot C,Eagle Point Business Park per plans staff-dated July 19, 2006, subject to the following conditions: 1. Compliance with the recommendations of the City Engineer and City Attorney— specifically regarding surface water drainage. 2. Compliance with recommendations of the South Washington Watershed District that are found to be reasonable and practical by the City Engineer. 3. City Council approval of the variance for structure setback to the OHW. 4. Elimination of the 15 off-street parking spaces at the west site periphery, and substitution of"Proof of Parking"at that location to be constructed in the future only upon City approval 5. Compliance with the parking landscape island requirements as prescribed by Section 300.13 Subdivision 6B of the City Code. 6. All exterior lighting fixtures (including any"wall paks") shall be of a full cut-off design. The applicant shall submit manufacturer cut sheets for all exterior light fixtures for City Staff confirmation of compliance prior to issuance of any Building Permit. 7. Compliance with the landscape plan surety requirements of Section 520, Subdivision 1C of the City Code. 8. Provide a landscape plan for stream bank restoration acceptable to the DNR. Vote: 7:0. Chuck Dillerud From: Travis Germundson[Travis.Germ undson@dnr.state.mn.us] Sent: Monday, July 24, 2006 4:09 PM To: Chuck Dillerud Cc: Tim Walsh Subject: Fie: C & C Terra Holdings proposal in Lake Elmo Chuck, Based on our discussions today with C&C North America, review of the September 27, 1999 "ResolutioA Regarding a Variance to the Shoreland Standards (Impervious Surface ) United Properties-Eagle Point Business Park" , and proposed modifications to the existing site plan as follows: > Reduce the number of parking spaces and parking setbacks along the northwest corner of parcel. It was agreed that if at some point in time parking becomes a problem on consistent basis City Staff and the DNR would be open to discus additional parking spaces at that location. > The submitted of a planting plan/landscape plan for the area proposed to be graded beyond the property boundary within the 100' tributary setback. The plan would essential re-vegetate the. slope with a mixture of native grass and trees. I feel that the variance request to the 1001I setback from a tributary is reasonable based on the above mentioned items and unique characteristics of the parcel and therefore, no longer recommend denial. Thank you again for setting up this meeting in order to discuss these issues. Travis Germundson Area Hydrologist DNR Waters 1200 Warner Rd. St. Paul, MN 55106 651-772-7914 2 Lr--AE ELMO PLANNING COM IISSI ,lz STAFF REPORT Date: July 19, 2006 for the Meeting of July 24, 2006 Applicant: Finn Daniels Architects/United Properties Location: South Side Hudson Blvd. across from Health East Requested Action: Section 520 Site Plan and Shoreland Variance Land Use Plan Guiding: Business Park Existing Zoning: BP Business Park), subject to the Eagle Point PUD Plan Site History and Existing Conditions: The Final Plat of Eagle Point Business Park, creating Outlot C was approved by the City Council in 2000. The site of this application is the southeasterly 2.05 acres of the Eagle Point Business Park 120 acre site. The City had previously approved a PUD Plan encompassing the entire 120 acres of the Eagle Point Business Park, including this site. Exhibits to the PUD Plan documentation provide for allowable uses, lot specifications, master signage and related development standards. Where the PUD does not address a particular development standard, the Business Park and other related City Code standards are applicable. A proposed departure from those standards not already addressed by the PUD Plan should be processed as a PUD Plan Amendment. The site is vacant today. City water and sewer services are both available to the site. Discussion and Analysis: The applicants propose development of the site consisting of a 22,200 square foot two story structure and related parking. The proposed structure use is 19,230 square feet "office" and 5,969 square feet "Showroom". This application is the first in the Eagle Point Business Park proposing an "Office/Showroom" use. Negotiation of the allowable PUD uses between the Planning Commission/City Council and United Properties focused not only on setbacks, impervious coverage and related quantitative compliance with Business Park zoning but also on uses not addressed by the Zoning Ordinance, including "Office Showroom". Following extended discussions regarding this use concept that addressed"customer traffic" and trucking concerns, the City Council agreed to allow "Office Showroom" as a Permitted Use in the Eagle Point PUD — subject to several specific design parameters: • Not more than 50% of the floor area of any structure may be "unfinished space" — storage or warehouse. • Truck docks limited to one per 10,000 square feet of non-office floor area. • Any truck delivery area must be screened from street view, using landscaping and building layout. • Outside storage and "industrial noises, odors and emissions" are prohibited—not regulated quantitatively,but prohibited entirely. I t was recognized in 1999 � rmg PUD processing for Eagle Point basx..-ss Park) that this would be a difficult site to develop. Not only is the site triangular and features two street frontages (Hudson Blvd. and I-94), it also abuts the intermittently flowing creels that crosses the Eagle Point Business park north to south and exits Lake Elmo under I-94. For reasons that escape the current city planning staff, this water course (which wasn't even named then) was designated a "Tributary Stream" in the circa 1980's City Shoreland Overlay zoning regulations. As such, additional structure and parking setback standards are applicable for this site. In addition, impervious site coverage is more limited than elsewhere in the Business Park zoning district (as here modified by the PUD Plan). The Shoreland impact on the applicant's site was not discovered by staff until the application materials were looked at carefully in preparation for the July 11 Planning Commission meeting. Upon a finding of a conflict with Shoreland Standards the applicationn was "incomplete" until application was o made for Shoreland Overla .zonin variance. Sheet C-1 of the applicant's submittal package depicts the relationship between the site and tributary stream. The Shoreland Overlay standards of Section 325 do not specify an Ordinary High Water elevation for any of the 4 designated tributary streams. Where the stream bank is steep (as is the case here) and the "stream" is normally either dry or just a trickle, staff has assumed that the OHW and the center line of the stream to be the same. On that assumption, approximately 50 feet of the 125 foot west wall of the proposed structure is located within the 100 foot tributary stream structure setback. Section 325 Subdivision 6B of the Zoning Ordinance specifies that driveways and parking areas must also comply with OHW setback standards. Applying that standard to the applicant's site plan, it appears that all of the proposed west parking (15 spaces) and a portion of the west drive also encroach into the 100 foot OHW setback. The second sentence of this paragraph would seem, however, to remove parking/drive encroachment into the OHW from the variance process by stating, "If the Council, at its discretion, determines that no alternative exists, the structures may be place within these areas and must be designed to minimize adverse impacts.". Here the word "structures is clearly meant to mean parking and drives only. The third subject of Shoreland overlay compliance with this proposed Site Plan is that of site impervious surface. The applicant's calculations are that the site is proposed to be 58% impervious. While this is well under the Business Park standard of a 75% maximum, it also well over the Shoreland Overlay District maximum of 6,000 square feet or 15%, whichever is greater. Staff suggests two important considerations apply to this apparent non-compliance matter: • Clearly the impervious standard of Section 325 Subdivision 7Blwas intended to apply to residential development, not commercial. • Although the City was not a direct party, we understand that the matter of impervious surface allowable in the tributary stream Shoreland was negotiated with DNR in 1999 or 2000. The outcome of that negotiation was then an input into the surface water plan for the entire 120 acres of Eagle Point Business Park. That master surface water plan for Eagle Point in turn was designed to maintain (and, in fact, reduce) the rate (gallons}per minute) of water passing under 1-94 and in to Woodbury. • The applicant proposes an underground infiltration system to address surface water run-off that would result from the impervious site coverage proposed. The issue of imperviou,.-surface including any prior agreements; au engineers' calculations and recommendations remains unresolved as this Staff Report is prepared. Meetings on the subject (to include DNR staff) are scheduled for July 24. Staff will report the outcome of those meetings to the Commission on July 24. Staff has also reviewed applicant's plans for compliance with other applicable zoning, PUD Plan and City Code standards, including setbacks, parking, landscaping, exterior materials and exterior lighting.We observe as follows: • The plan proposes off street parking in excess of zoning ordinance minimum requirements — 17 spaces in excess. While this parking proposal does not constitute non-compliance with City standards, it indirectly appears to contribute to the Shoreland OHW parking setback issue noted above, and to issues with impervious site coverage and surface water run-off that may be yet identified. In addition, Lake Elmo has regularly encouraged applicants to initially construct less off street.parking than the zoning ordinance prescribes, substituting landscaped "proof of parking" to be constructed in the future if the City determines it to be necessary. The 15 parking spaces along the west side of the site- • We calculate approximately 1,700 square feet of qualifying parking lot landscape islands. City Code formula based on 100 off-street parking spaces requires 3,000 square feet of qualifying parking lot landscape islands — perimeter landscaping does not qualify. Here again is evidence that the site may be "over-parked". • Assuming "E.I.F.S." is considered the equivalent of stucco, the exterior elevations of the proposed building comply as to materials with the zoning ordinance architectural performance standards, as does the wall signage proposed. This also assumes that the "face brick veneer"is of at least 4 inches depth. • No details of the exterior lighting fixtures have been provided to date. The luminaire plan does, however, comply with lighting standards of the City Code on the assumption that the light fixtures (including wall paks,if any) provide 100%horizontal light emission cut off— no exposed light source. Findings and Recommendations: As it does not appear that the parking and drive setback from the OHW are varied by normal variance procedure (rather by Council waiver), the only zoning variance to be addressed is that of the structure setback from the OHW. As noted previously, the proposed structure encroachment into the 100 foot setback would appear over a portion of the building wall—the portion where the creek centerline sharply meanders easterly from the generalized flow approximately 50 feet. Had the creek maintained the predominate direction of flow exhibited south of Hudson Blvd. over this section of approximately 75 feet, there would be no structure OHW setback encroachment. Therefore Staff suggests the following Findings regarding the structure OHW setback variance: 1. The property can not be put to reasonable use without the granting of the variance requested. 2. The variance requested results from a circumstance unique to this property. The brief sharp meander of the tributary stream - which otherwise flows generally straight - adjacent to a portion of the site places an unreasonable burden on the design of the site and placement of structures. 3. Granting of the variance will not change the essential character of the neighborhood. f It appears that the zoning u.,timnce provides for the City Council .,; '-,"its discretion, waive or modify the parking and drive OHW setback non-compliance. It is reasonable to assume, however, that the Council will be expecting a recommendation regarding this matter from the Planning Commission. Considering the historic view of Lake Elmo regarding both appearance and impervious surface of off-street parking; the OHW setback encroachment that could be mitigated by eliminating the 15 parking spaces along the west site periphery; and the applicant's site plan non-compliance with parking landscape island standards, it appears in the best interest of the City for the Commission to recommend to the City Council that the OHW parking and drive setback standard of 100 feet not be modified or waived. Instead, an approval recommendation for the site plan should include a condition that the west 17 parking spaces (along the west property line)be eliminated. Planning Commission Actions Requested: Motion to recommend approval of a zoning variance to permit structure encroachment into the OHW setback of a Tributary Stream. on Outlot C, Eagle Point Business Park per plans staff dated July 19, 2006 based on the Findings appearing in the Planning Staff Report of July 19, 2006. Motion to recommend the City Council not waive or modify the Tributary Stream parking and drive setback standard of 100 feet depicted on plans staff-dated July 19, 2006, and require the 15 parking spaces on said plan along the west site boundary be eliminated. Motion to approve the Section 520 Site Plan for Outiot C, Eagle Point Business Park per plans staff-dated July 19, 2006, subject to the following conditions: 1. Compliance with the recommendations of the City Engineer and City Attorney - specifically regarding surface water drainage. 2. Compliance with recommendations of the South Washington Watershed District that are found to be reasonable and practical by the City Engineer. 3. City Council approval of the variance for structure setback to the OHW. 4. Elimination of the 15 off-street parking spaces at the west site periphery. 5. Compliance with the parking landscape island requirements as prescribed by Section 300.13 Subdivision 6B of the City Code. 6. All exterior lighting fixtures (including any `wall paks") shall be of a full cut-off design. The applicant shall submit manufacturer cut sheets for all exterior light fixtures for City Staff confirmation of compliance prior to issuance of any Building Permit. 7. Compliance with the landscape plan surety requirements of Section 520, Subdivision 1C of the City Code. '9 r-O","") Charles E. Dillerud, City Planner Attachments: 1. Location Map 2. Applicant's Graphics 1 1 Kim. berly Anez From: Travis Germundson[Travis.Germundson@dnr.state.mn.us] Sent: Thursday,July 13, 2006 1:52 PM To: Kimberly Anez Cc: Chuck Dillerud Subject: C&C North America. DNR has reviewed the materials on the C&C North America project, located along Hudson Boulevard within the shoreland district of an Unnamed Tributary to Wilmes Lake. In addition to the building setback request, sections of the parking area and stormwater pond would not meet the setback requirement From this tributary, and therefore would require additional variances. To allow grading to occur outside the property boundary is not consistent with your ordinance in particular with Design Criteria for Structures and Vegetation Alteration sections. The city's ordinance specifically states that Intensive vegetation clearing with the shore and bluff impact zones and on steep slopes is not allowed. Steep slopes appear to be present on the adjacent property. The ordinance also states that alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties. . . Also there are no calculations on Impervious surface coverage for this parcel. It would appear based on the grading plan that almost the entire parcel would be considered impervious. On the basis of the information we have received, we recommend denial of the proposed variance request. I do not see any demonstration of hardship to warrant granting a variance for a structure setback, grading outside the property boundary, and impervious surface coverage. These hardships are solely create by the property owner and are not unique to the site. it would certainly appear that other reasonable and feasible development designs could comply your ordinance requirements on this undeveloped parcel. Thank you for the opportunity to comment on this application. Should you have any questions regarding these comments, please contact me. Travis Germundson Area Hydrologist DNR Waters 1200 warner Rd. St. Paul, MN 55016 651-772-7914 travis.germundson@dnr.state.mn.su i • 1 3 1 S f I } I L� R2Sw maw r129W F E!t77 � f 132N 732a I ni BIN i i 1 ' 1 x T?9N Ya,we6 rya i R'_"w IUI W R20w i E /i 1 1 1 i i 1 UC;nmty Map i 1 1 1 ' i { i l i 1 ' i I i i O i 1 i f i 0 800 i Site 1 Scale in Feet i 1 1 i * � f ffll 1 1 t I I r , } 1 1 1 t t i e �Ns arnvvg ban I�motemmpuatian end reommeiml al rend tecoba u they ecp®r mxuiu�wanlv,glm cau1H omuL 'medlmnulgn.W. ,g c l,V.w p+lponea n+'�wosnmgml,cd.,y lsnw leeoonxnle lorayiuenva�az. Location Map Pr—M51) �"eO"°� r=alm daq Issetl on asaoo mmin,amn C & C North America, Inc. MEMORANDUM To: Tim From: Jennifer Re: Lake Elmo Variance/Undue Hardship for Lot 1, Block 1,Eagle Point Business Park 6th Addition Date: July 20, 2006 EXECUTIVE SUMMARY: Based on C & C North America, Inc.'s variance request submitted by Scott Wiestling of Finn Daniels Architects on July 7, 2006,Travis Germundson of DNR Waters recommended that the City of Lake Elmo reject our proposal for a variance based on the following objections: 1. In addition to building setback variance request, the parking area and storm water pond would also require additional variance; 2. Grading outside the property boundary is not consistent w/the ordinance and alterations of topography must only be allowed if accessory to permitted or conditional uses and do not adversely affect adjacent properties; 3. The entire parcel appears impervious; 4. Does not see evidence of a hardship. It appears that Mr. Germundson was not provided accurate information on items 1 and 3 as our plan does in fact meet the requirements. Item 2 can easily be revised to suit Mr. Germundson's requirements. As to item 4 regarding demonstration of hardship it is obvious that property has unique shape and characteristics,making it extremely difficult for any structures to be built without requiring some sort of variance. Analysis of the above is laid out below. "UNDUE HARDSHIP" It is important to lay out the definition and requirements of"undue hardship"before addressing the reasons for the requested variance. This analysis clearly shows the requirements of undue hardship are clearly met. VENTAMIL.-.... 4W $ N7=Z-A STONF 366 Jackson Street,Suite 100 •St. Paul, Minnesota • Ph 281.494.7277 • Fx 281.494.7299 • silestone.com C& C North America, Inc. Pursuant to Minn. Stat. §462.357, subd.5(2),an"undue hardship" is defined in connection to granting a variance as "the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls,the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, wall not alter the essential character of the locality." A. Reasonable Use: Although it may be possible that the property in question could be put to reasonable use without the granting of a variance,the use being requested is also reasonable and cannot otherwise be done without the variance. Note in Nolan v. City of Eden Prairie 610 N.W. 2d, 697,the City Council determined that it"is not that there cannot be any other reasonable use of the property,but a determination of whether this is a reasonable use of the property under the circumstances, and one that would not otherwise be allowed because of the requirement of the code." B. Unique Circumstances: The DNR representative's analysis did not appear to take into consideration the uniqueness of this property. Not only is the property a small, triangular shape it also has a stream that runs along the outer boundaries of the property that jogs back and forth, creating an uneven setback along the entire West end of the property. Given this back and forth setback,and without the granting of a variance, a developer is literally left to either design an inverted building, or shift the entire development East 38 feet so that the entire West portion of the property is not developed. Such shifting would again require a variance so as to abide by the parking requirements. C.Essential Character of the Locality: Let's also keep in mind that this property is zoned"business park" and the City intends to have some sort of business development on this site. In Rowell v Board ofAdlustment of the City ofMoorhead 446 N.W. 2d. 917, in which the City granted a variance that allowed the church to build an addition that went against procedural requirements of the zoning ordinance,but this alone was not enough to deny the variance. Even though the proposed church addition did not comply with the zoning ordinance,the addition would not alter the character of the locality. Not only does the proposed-use keep with the locality of the City's intended use, I find it highly difficult for any business development to be designed on such a small,unique-shaped site without a variance. The surrounding properties are retail and Class A and B offices or are zoned"business park"which all keep with the proposed use of the property in question. 1.PARKING/STORM WATER SETBACKS Lake Elmo Municipal Codes require a 100ft setback from the centerline of the tributary strewn. Pursuant to conversations with Chuck,the senior planner at the City,there are no existing codes regarding the parking and storm water setbacks from the tributary stream; the 100ft setback applies to structures only. C & C North America, Inc. Unfortunately our architect, Mr. Wi.estling was given only a few hours by the City to submit the variance proposal. Under such short time constraints,Mr. Wiestling prepared a drawing that evidences the propose setback of the building from the tributary stream. The line carries through the parking area a storm water pond,which appears that the same setbacks are required for the parking and storm water,which appears that such setback from the stream for parking and storm water are non-existent. 2. GRADING/AFFECTS TO ADJACENT PROPERTIES Although we found the proposal for grading on the property absolutely reasonable, it is not necessary in the development plan. If the City finds the slopes to be too steep and unreasonable,we have no problem putting up a retaining wall. This is a minor issue and should not be consider for grounds to objecting the variance. Although we are willing to construct the retaining wall, we also would like to work with the DNR and the City to design a more ecologically friendly grading of that slope that would improve the look and erosion control of the slope. 3. IMPERVIOUSNESS It appears that Mr. Germundson was not given accurate,if any,facts regarding the impervious coverage of the property. Based on the drawing,Mr. Germundson assumed that nearly the entire site is impervious. The City of Lake Elmo allows 75%of impervious coverage. The proposed plan is only 58.5% impervious coverage. To evidence this calculation,the parking and cement covers 38,751 SF and the building covers 13,402 SF for a total of 52,153 SF. The land has 89,158 SF; calculated,this gives us 58.5% impervious coverage. This is clearly shown in the plans. CONCLUSION: I have shown that objections 1, 2 and 3 are either inaccurate or can be easily revised to satisfy the City's requirements. The only objection in question, and ironically it not a question for the DNR, is whether the property in question creates a hardship. Given its small,unique shape and an unusually difficult setback line,the hardship is clearly obvious that any business development would be nearly impossible to develop without a variance. EIRLM PAVM6 ON IWW PAVitlG Ct - BA6E AS HOMO MNIMI(IRADE BABE AD NOTES W.15M JOINT MATERIALr� q 10 N r 4"TNICK CONG WALK ` \ d' " 10DA9 CONA dE' 4 Ne;T,• (11 CONIC ' •" =�11 CURB 1 durmR A GUP89 1 L59fiER \ BBti i pp� ,' 1-�I II I—I I III —' COMPACTED GNWJ. OOMPACTE FILL. D GRN{ -r_ I I— —'• MILL,TYI° \ L:TYP NOTE:INUMTERE AT8A8 ADJACENT PAVEr•RNt NOTE.IN A W a"IM ADJACENT PAVI9'IENT _ tlJ 6LOP7b AWAY f1W11 GUTTER-GUTTER 6LOT'E5 AB1AY FROM OUTTBR OUT79RSMAL 6FLLO O L PE W UA" R POOT AWAY BMZCJI.1 um CUB L BE VA•PER POOT ALL4T ` 1 \\ E 2 59,/12 CUR5 4 C:UTTER a C4G 6 CONC, IUALI� A-1,1 SCALE.1 112"" 1'-0' A•-1.9 SCALE,1 112"d r,PJ" � � �1\ \\\ \ t. ItaE NSOTE DATA \\\ 1 @ i POND \ : \ TOTAL SITE AREA - 82,160 SF' I/4" - TOOLED CO V2" Cato.WALK W/ I 11 �,./ j \ BUILDING FOOTPRINT f3.40:I( 15%OF SITE) e jpooLED catrRcx. 66d GRN.VLA M 1 OLAW / ,, \ HARD SURFACE AREA ti 3,6,27Q_$,E1(A0.7%OF SITE) 01' GREEN AREA 39 477 S F,'(4d:3%OF SITE) n _O - - - - - ._ n CCTic WALK UV r — MONUMENT TOTAL IMPERVIOUS 1 g,. M 6"b wunuA BiB1 n SIGN,PER \ 46•B8 SF,,(55:7%OF SITE) � �a Z v tlN GRNdA.AR EASE,nY I .!•-^'•�- y� I .- r •''• II pIL, — CITY CRITERIAREQUIREMENTS\ PARKING VQ"E MATLr caR JOINT -OFFICE AREA c 19,23 0/26UI 77 I I I•=U rl -Fa ,=J 1 _ i I I- MrF,-, L;P 1 @ -SHOWROOM AREA . /1GOO ._BM'.JOMTbe @ d ` I B3 REQUIRED in. 04L MAX I 05 PROVIDED 0- X -FUTURE PARKING 15 STALLS g to v I t a IUALK G.J. DETAIL U ALK E.J. DETAIL l @ � 6TA�L6UBffPARK13e\ { A-1.T BCALEY I V2"" 1'•m` A-1,T &CALEI 1 I/2" . I'-V" O, O � �a�y I.P"4t'.b'ALSCA_IM B'-m" 3'•¢'" b'.0• �}'a�/ BtETBK _ .01 WM1� b` sQ'� \ \ \` •g��'r n SLUE'ELD ,. $ a' g WHITE ORAPNICB ffE AND LETTERhYi I � DB ACCE LSAMIA09 ON SIGN Poor"NOCP STALL NOTED CI PLAN !� T �`...��y�>�df!�✓Y.S. ::'/ 3 \ // t 'n �®�T BITE L M E66 TO NOG°RAMP BECURB POST @ SHALL MEET bAP SLOPE I i3;{:. s 9: , / �\ /� 1� M 0"�(VTI HOLE FOCTINa # ,� £,' 01 40•DEEP,TYP 4 MET CURB IBAIIP BNA1.L � � n .IT] f� � 1 E MEET bl7 BLOrfi, ��'•`�•. 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N I CENTERLINE 1 IA, \ y1 I EASEMENT UNE _avvaaevme r—~^y r, • , 1, ',,\4 CURB k CUTTER MAJOR CONTOUR "iIUU pp y \ MINOR BONTODR SPOT ELEVATION •..x000•... 9 800 PA DRAINAGE p R SOI BOR N OW ' Y I I I SILT FEN '•.f i i I CATCH BASIN ® n CATCH BASIN MANHOLE m °r STORM MANHOLE O 5 m h �. `` m A: FLARED END !, '+ ,'5't�•,'II'.I '•t � } ji, ,� > m ,f4 k+.,, yR9\,y ....... .... ...... �•.-\ .y ' , °cn B J0 FEBE T I STOW SEWER ur . .m--- $a m;m§hDrsmnnLE971.7 MATCHRUCK CONSTRUrTION ENTERANCE ,e, Z AN DRAINAGE ANB UnUTY j)',I '• •'TC} •i 1. " '\M' r" - x UM700L DENOTE PROPOSED SPOT ELEVATION f EASEMENT PER t ' "y� '' '''' '^ �Pw "' GLt GUTTER LINE 6Ft GROUND -1O TOP G1RB ,o-�fl'D P PROPOSED PLAT OF --- 'y a. '• p r. fAtlLE POINT DUSMESS pf)' 6k PARK 8 POINT hDBUSINI + / --•'+•, DENOTE DRAINAGE DIRECTION f ft.,..;... d& 973.4 MATCH ORADlNG.NOTES PROPOSED CONTOURS REPRESENT FINISHED SURFACE ELEVATIONS. SPOT ELEVATIONS ALONG PROPOSED CURD DENOTES TOP OF CURB UNLESS OTHERWISE NOTED, N Q � , , •' WH ' , '� � POSSIBLE, MEASUREMN1Ti TAKEN TIL171ES SHOWN ON RE EW THE FIELD,SE PLANS IHESINNFORMATION ON RS NOTWTOrBE RELIED ONz a�� 'ri r c r Y...!..'i .q. '' '''g S BEING EXACT OR COMPLETE CONTRACTOR SHAM CONTACT THE APPROPRIATE UTILITY o li 4 4 1 !I ; t 2 1 1 !\• /'' - AS AT LEAST 48 HOURS PRIOR N EXCAVATION,TO TINDREQUEST EXACT FIELD LOCATION T i a • ii'' OF UTILITIES,THE CONTRACTOR IS RfiSPONSiBLE FOR RELOBAl1ND ALL EXISTING UTILITIES } j i 1 f / y�• WHICH CONFIJCT W W THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS, 1 ...ti..: a , ` m h '•)':•, 1 •' ' 'l !£,IDr.4' HB'AGe s ''.� ` CONTRACTOR TO CALL GOPHER STATE ONE.CALL(1-800-282-1168), 48 HOURS PRIOR TO b' , EXCAVATION FOR LOCATIONS OF SMALL LITUTIES. i B>"�> CONTRACTOR REQUIRED TO PROTECT THE TREES TO BE SAVED, SHOULD ANY PORTION OF THE TREE BRANCHES EQUIRE REMOVAL TO PERMIT OPERATION OF THE CONTRACTOR'S EQUIPMENT, B s ffi �• p9°, "'.\ `• HE/SIZE SHALL OBTAIN THE SERVICES OF A PROFESSIONAL•TRIMMING SERVICE TO TRIM THE ��00 Tw ) O 1 !I`I B u' / TREES•SHOULD THE CONTRACTOR'S OPERATIONS RESULT IN THE BREAKING OF ANY LIMBS, m 8 ' N6 OF VIAL r d `\\ ' THE BROKEN LIMBS SHOULD BE REMOVED IMMEDIATELY AND CUTS SHALL BE PROPERLY < ';� '•ti '•� +N •'`• ''t `'•,�;,. •, PROTECTED TO MINIMIZE ANY LASTING DAMAGE. NO TREES SHALL BE REMOVED WITHOUT I i 67R ; ryp .Q AUTHORIZATION BY THE ENGINEER. COSTS FOR TRIMMING SERVICES SHALL BE CONSIDERED INCIDENTAL'TO THE GRADING CONTRACT, (! ,' 07D,20 TW I 1�D, I r" per }l^ `ems CONTRACTOR SHALL STRIP, STOCKPILE AND RE-SPREAD SUFFICIENT TOPSOIL TO PROVIDE A P I D85.10 DW 1::,.}dl' 1� 'n.l ay ,. '1�'e'�`9 I (I MINIMUM 4 INCH DEPTH(COMPACTED)TO ALL DISTURBED AREAS TO BE SODDED OR SEEDED. i�R'O5 N CONTROL 111E FINISHED BUILDING SUBGRADE ELEVATION SHALL NOT VARY BY MORE THAN 0.30 FT, BLFI ET OR LAPPED I �s ABOVE, OR D,30 Ft.BELOW, THE PROPOSED ELEVATION. STREET OR PARKING AREA `qLO ON)ALL 3f 1 I ! I / ���/// I r SUBGRAO D,30 FT, SHALL NOT VARY BY MORE THAN STREET FT. ABOVE, OR 0.1E FT. BELOW, .SLO ES i f 'r� \ THE PRESCRIBED ELEVATION,AREAS To RECEIVE TOPSOIL SHALL BE GRADED TO WITHIN 0.30 FT;OF THE REQUIRED ELEVATION,UNLESS DIRECTED OTHERWISE BY THE ENGINEER, TOPSOIL SHALL BE GRADED TO WITHIN Y INCH OF THE SPECIFIED THICKNESS, f , 1 THE CONTRACTOR SHALL COMPLY WITH THE REQUIREMENTS OF THE MINNESOTA POLLUTION CONTROL AGENCY- NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM NPDES)PERMIT. CONTRACTOR SHAD BE REQUIRED TO BE A CO-APPLICANT WITH THE OWNER THE ,MNMN�MALL 0 140 rb Da �, 9g CONTRACTOR SHALL COMPLETE THE REQUIRED INSPECTION REPORTS AND BE RESPONSIBLE FODHDAr CUD�orTO, AND Cr. o••, FOR MAINTENANCE OF THE EROSION CONTROLDEVICES. 11 a , 47 APPROVN.iBY SClB.AID 91NUrMiti' +'+ +d aMrSa+.\ PROVIDE POSITIVE DRAINAGE(MAXIMUM 2%AWAY FROM BUILDING) WITHOUT PONDING, IN ALL BELL E F.L ON THE:.7 R J DAAp',1 .. CONDITIONS. INSTALLER N, ONTRACTOR TO TC9T FOR,AN CORRECT IF A BIRD BATH +: AREAS, AFTER 0 C NY ah��Dd TW ; F.>".�.�s77.3 r� - EROSION CONTROL,NOTES i \ END,OF,W , I I ! gtmrr om FaBN�b" '` ,,y,•.2,04 N g• t U 0 ��r A IJ P—miH O x ONa� �¢ y' �'' poi 980.7 MATC "; ALL EROSION CONTROL MEASURES MUST BE INSTALLED PRIOR TO COMMENCEMENT OF BEENIRESTOtEDRDNS AND BE MAINTAINED UNTIL ALL DISTURBED AREAS ON WE SITE HAVE w<D Z ;areas 070.7i" c ✓lA ``•• ���•••r++�� TEMPORARY EROSION CONTROL(HAY BALES OR APPROVED EQUIVALENT)TO BE PLACED '� ):ERION�ON11OL% t, y ~ ,''..�. INNNNN `; .' ;` •• AROUND STORM SEWER STRUCTURES DURING CONSTRUCTION (REFER TO DETAIL). D.5 �" BLA KET R APPED4, T 5oD ON n f ,.. 'Ora . T. o$ �� �'`` 1. g4 981.E MATCH •�f MUST BE REMOVED IF DESIGN CAPACITY HAS BENT CONTROL BENCES A5 NECESSARY AND m d SLOE$` ,I 1� Gry„ \ „.., h °p SEDIMENT SHALL BE REMOVED FROM ALL SEDIMENT REDUCED BY 80% ©� Q N A STABILIZED CONSTRUCTION ENTRANCE SHALL BE INSTALLED AT THE BEGINNING OF Z p < " e � •.. „ -• 9 �° CONSTRUCTION k MAINTAINED FOR DURATION or PROJECT, xm (� ` ,,... . .., SHALL HAVE EROSION CON RO NOT C INSTAi1ED.AND GREATER THAN 8 FEET IN HEIGHT, .... _.., 4 END OF W .,., .r� ..... I , -r la CONTRACTOR SHALL SEED AND MULCH ALL DISTURBED AREAS NOT 70 BE SODDED, SEEDING a`O` , Bra pYX .. .�..... -SHALL COMPLY WITH MNOT SPEC, NO. 387B,RAT A RATE OF BD LBS/ACRE,SEEDING N W CSL ., '�•,•• "• •.,, �'•,, o,`�Q,, '' `• "••. �„�.. POND AND INFILTRATION AREAS SHALL BE MIXTURE 310NWT NATIVE WET TALL) IN ( "'.. ..... .00 " 74,O0,TW ACCORDANCE WITH MNDOT 3876,AT A RATE BF 82 LBS/ACRE.MULCH SHALL COMPLY WITH vcacnu unenn �. " "udrc AEN ALIT MN/COT SPECIFICATION 385 f TYPE 1,THE MULCH SMALL BE APPLIED IN ACCORDANCE WITH JAL AFT ND•0F••WALL C' GGD,G wRAuu nEvnna+FOR TONS PER ACRE ,. on'TNATICH SYSTFM ... 0 B S 0 PROVED EQUIPMENT 9so......,,.,. .... ......,.-., ..,. .,..,.... ... ...... . DENS CrTMGE ANq U11UN ' EA EMENT PEE P''•••„ C WAY TO BE SODDED. H TO BE APPLIED RATE ....,. ,....._..., •..,.. ... ,1 j'PROF'OGEO.PLAT OF .. ,• ,. / S PUBLIC I o ....... ,,,,• ''""""(�--�_�.� MUL H 5WALL EOANCHOREb VAiH ACbISC G:ODBU IERADRA THER�2 • ..". .,.,, $ROLE POINt'BU01NE¢S ......... "•^. A b15 AREA WITHIN R Arc D geD•^ ".. ..• ALL DISTURBED RIGHT,OF 226.008 ,,,.•„ PM14+BItJ,AODInON - , _ _ .....-.. -- —— - ,l..- - _. — — — — _ � _ � _ _ � _ �, ... „ ems' ..,� 06/16/g6 p ... ...... ...... 1 � BE n•Pq.YW41^YLnN tlR VyA�'z/P:.'vff+�l•. ...'`s�'��.7.' ( wnvamitn�rAo ni41 N° ,,l.,sy"7t, prrwrrree•nnm wn UL 17 .`�' �I fJ�.l on arwvrm� 'l<��J(r.• Pareun�.ere t+n w�i u5• � � ltl 1� •r,^1,,...A I Y / .-'aaur Pxaa.oaaw otwb® •t:`;;f '•. ml = -%�NuvaAcm.a Pnu nnn;.a PYnbay �, � rrae lnar ro nAa1 wbmn 7�a 1�°.���:�i- - \ L;fi, ax°e uim.Apnn wa•P /ss, x iw66![P'J.e unl tyaeLenwtm n Y v/'•• \ - �A0 � W pQ� �A•.e•LArenrnn[m°n)swaonon awu: q ±� r. 1 ,JC• Si \ ' ^'--n AVPa� F- ru.wt n anaaR•et°nro raol Psua: /9 r r)Uu.eeV.m.w aAm ro �' i\?�.` ��-r Pa eeW amnu�a�iwm f u J Y, \ r WIN - PfIRC IA y IY ;•�—[GNl Ltil11101 0.Ydn2 , /� �ry FPaw alrenPreruRrro J' -d' 1�+.:� Aww.cvmM.0 owwa .£: sz¢.: 'G<aao�is%:"ni HWowcP�nw�A>;mo'WtPo .'3:,a:.y \ " ffWFFJJJ T ..; :'::•' 7 r 1' LN 1 4n t1 w —)'aIAM•PPNBO Hf nn'APAM )G""I•i ,�^i•, W3I1: rN.G PYCR o \ Awd gRno¢11C L AlM.I..f[1 PIPP)%iP4b y�Al btlLP ! 4um@n.1Hi PAIL —ml \ IlF I L.t .. �_uoerw�nawG T(T \ /. +P. •�-H.nu r€tEUP rsm&itmY rArnerP 1.`�..,.; ('f-'e+Haun�en Poi. `\` - 111 \\\•\•" " - \ mI IIr,l I i �nT1�= �1 W _11 I w nPan t°e f I I i—I A; (1—I I ,T uDI' f o wow[R:wP \ \ 'til- own nrwmwovzvtearn ` T \\ 6'" .• ". trntt. trnea — R:e, t" ' 'IIDETENTIOH t•\� "•mn urerefn renrxm PA r�A Prawm Ata c uawi nn AArtrvure renewPDI'nee arArlro ANE ma. =nao L0.'6nt rworA w canAnnmmv "Al.nA rrmJ n IP ytw nwlm.vnarA cwPwt I.—rrasa I nvsn .n m rw eanrtserome-1"to A—+ra�a.tAWo.e .Pr<na-r eonm Aw niarm a�;aaa prawn rR—.11 \ POND \ ". neteuneeerwn PLUtl ia wPteotew.e rwxrwuA[w yr nw na wnruerealA tenraninu rvxr nanAlnm rrmtP et [ I n "'M IItTLWIgPf Im Po Itto—0. A ptPttl r(flllbl lHMAHiWar ly6!wibwnea IT.raOJ. \ .CC/rRY'Do--—W H0.e--1.fn1Nr[Yp .yen M.afJIFY onnwt Np uoc KIUIL Re0{I l0 RnPPfy, /l II /� " \ C a - wt fwm 1I-11.1.11t pW4 pR a I /,./ \ ••QQ 41D000B TROB PLANTING tl6TA1L f3VDR6RReN TRIM PLANTING ODTAii- SHRUB PLANTINd tlB1'AIL U H' I �_.I. �''ter w . \ \ �d "L'AP•,d�•,S z FLen tl "rI1� (QQETAIL� [^ L^1.1 E1GALB) /ET" 1'"iUa " \ \ w LANDSCAPE SCHEDULE % N� M i SYMBOL ABBR, SIZE 07Y. COMMON NAME BOTANICAL NAME SYMBOL ABBR. SIZE OTY. COMMON NAME BOTANICAL NAME I �'. ,'• \ j •-• -' \ 6 E = OVER5TORY TREES SHRUBS / 6 ✓✓ •9�, . '�' \\ ,� REDMOND TILIh REOTYWICGED CORNl15 / 9 Dg •% - G' \ u�e m a • 2 1 2" B 4 C A ry5 POT 5 SERICEA ••H;' d RL /. B AMERI AN Rp 'CARDINAL' C LINDEN 'REDMbND' DOGWOOD 'CARDINAL' a HYBRID ACER x THUJA .r' (`�`��. .- •�g-•�g ° n { HM 2 1/2" BE 4 MAPLE FREEMANII .� LG ry5 POT 3 LITTLE GIANT gCCIDEN TAUS :`6•'.'' �' •- I \ \\ �S e'° ° B SCARLET SENTINEL 'SCARLET SENTINEL' ARBORVITAE •- - \ -•\ / h ,�•Y� 'LITTLE CIANT' 11 ( ) RUMBA WEIGELA //�•'� $• lid.— I:,,r': ,.� f y y J SWAMP WHITE QUERCU$ \ / I SO 7. 1/2" BB C DAI< BICOLOR Q RW y5 POT 15 FLDRIDA WEIGELA 'RUMBA W1iICELA' MA \ �' UNDERSTORY TREES COMPACT VIBURNUM : /'' ��• - �/ \ fdARSHALI FRAXINUS tti;f AC 05 POT 64 AMERICAN TRILOBUM I IAA 1 1/2" BB 2 SEEDLESS PENNSYLVANICA CRANBERRY BUSH 'COMPACTA' •°AW�.-.•" �C` ASH 'MARSHALL SEEDLESS' Q 5 POT GLOBE THUJA ;;{p.' " GA N B OCCIDENTALIS 1„,y ARBORVITAE t MALUS x 'WOODWARDII' �;'�• �• ^€'Y'%r's \ / / _ \ tJ� i THUNDERCHILD 3 f' '"" ''% A ; TC 1 1/2" BB 7 HYBRIDS ,,qq5.: ;'. .y;''� .Tc. lp CRAB 'THUNgERCFIILD' ANTHONY SPIREA %iRAFI � / / Q 6 10 I AW h5 POT 63 WATERER JAPONICAS} .'..1�� >F:; / M k' Y::fsfs'`s,'Gf / ®ia SPIREA 'DWARF SUMMER' � y'n,;,,...is'4x y.�s' s}�;;iv•,',<:;., ,i /' \ '§ SC 1 i 2" BB 3 SPRING SNOW HYBRIDS :.>. �/.:�'� .'<'4`�.' 't�:r ":}•.'' � \ •AW I \/ CRAB 'SNOW CRAB' EXPLORER ¢ ER ry5 POT 26 ROSE ^--•-. �:'./0" �;a�st .``Y'n:.sr'<:'s3 A ✓' \ r �1 ��y>ti.y✓'+:'' #a.'iab v.;..$w„T:;: ::3 %:y,c#s(Fs: , r O `,\ I 1 1/2" BB 5 RIVER BIRCH RB BETULA 'CEORCE VANCOUVER' `,.rr;f "�' R „«#yiti �v.•,:. >~ ihs, , ',)J 1I I \ / nL, '� oAe^• NIGRA � �Ess ,l�£:r,`•a:'< .rv, o W5 j5 POT ZO T SYMPIAOLROIUCSA RP05 J' EVERGREEN TREES SNOWWHII3EE /� / \\•_\ :fl`':'ys,. R.�"'�'n%%`"'r: rl(Ilr 'e•S•AYY • � ` � BLACK PICEA INDICATES SODDED/IRRIGATED AREAS ON PLAN, P BS 0' BB 4 HILLS GL 'T "'1• 2s3 y: `.:�'3.a;+� :f�€: fix.,� .,��"; '� :<g'..' \ \\ ,p� SPRUCE DENSATSATA ,�•/ • k- GENERAL NOTES ��. s, .�"s;;Dssk� '.Rj^a•� :.I;�T �TC �. le® -LANDSCAPE CONTRACTOR SHALL VISIT THE SIZE PRIOR TO SUBMITTING A BIO TO BECOME FAMILIAR WITH THE �i#; ; 'ES: ��#•. �< S�p •s.:;;:;;f�,t��u�,:.,s,� � +AW' SITE CONDITIONS. THE LANDSCAPE CONTRACTOR SHALL HA&ALL UNDERGROUND UTILITIES LOCATED PRIOR TO ANY DIGGING, �• +3+n35'< <£z:: ';5 '.r.`syS`+a'^4; XJcCh::A y �`. I:. ` .w,< ;;#�"� g,',<; ,.#�5✓5f.'.y:. '.�f L„ auy`''i�' � RI•RD ® r� -ALL PLANT MATERIALS SHALL CONFORM WITH THE AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS AND t;' rpY•F,,'' r:;J,v.• -; 4!tx i g<s�gY',::,3Y.sn '�9''P'�"i#ai� f �! SHALL BE OF HARDY STOCK,FREE FROM DISEM15E,DAMAGE AND DISFIGURATION. IF THERE IS ANYif �: `/' :'•/' •':,'rpzq"i`7 :isf4k_'1%r "..�'�',%�`>; >s<`:'%:., se ? Q ._ ® bPP F,. .t, ., •r ., DISCREPANCY BETWEEN THE NUMBER OF PLANTS ON ME LIST AND THE NUMBER SHOWN ON THE PLAN,114E ''•E ??s>;: n vh s S!'y'�;'sE E'jS `�>'•'1'�.fi?},5s rEh`>j^�#>'""'' +`~ \\ �Q' ®� PLAN SHALL GOVERN. .,�.,_ .. >w;:is:lx`•.i:�i<'& :r'9v'�'•'. 9y><u>'�-.'J°s .te.' � to ME GROUNDCOVER IS SOD E PLANTING EDS. ,;W,• �.. ::::'4 ` ';'L" s %E% ::�' ;1� AW\EXCEPT IN P NR G B � A . . Y-;'% .��JV•:jeZ.sr'.Tfi'f•�'✓v"A's... :'i AW RD -ALL PLANTING AREAS SHALL BE EDGED WIIH S'BLACK VINYL EDGING AND HAVE'4-G DEEP MULCH PLACED ll' - °'•'•••• ' OVER A WEED DARRIER FABRIC. MULCH SIZE AND TYPE SHALL BE T i/2-BRYANT RED RGCK MULCH. ALL 80 %f` } t:;�','.` TREES NOT PLACED WITHIN A PLhNDNG BED SHALL NAVE A 4 FOOT DIAMETER,B INCH DEEP SHREDDED ; ,,,:`. ` .I .•.•. ----- LC TC q� I4ARPWOOD MULCH DISH INSTALLED AROUND THE TREE. .�'..• E-.�.1"...._,� .'.~.^ `• ._\. .- _ AC• '� ". Rs 0 -ALL RETAINING WALLS TO BE DESIONED BY OTHERS. •. -•�.. �UNDiN•FlLThATION .�.'-.`1 � � ° � -ALL AREAS WITHIN THE PROPERTY MAT ARE NOT SHRUB BEDS OR HARD SURFACED EXCEPT AS NOTED L I MA •te• "HM SI4ALL BE SODDED, ALL AREAS OUTSIDE THE PROPERTY LINES DISTUR13ED BY GRADIND OR UTILITY • »-� /y'• INSTALLATION SHALL BE RETURNED TO EXISTING CONDUIT N Oil BETTER,OR AS NOTED, """^'^••',•"',,,,`.�+^'+,..�_ •-1 HM en ~,• ••`i•" -611OUM A PLANT BE UNAVAILABLE AT THE TIME Or INSTALLATION,ALL SUBSTITUTIONS ARE SUBJECT TO THE AREA6 OF Mf4.PNR EADEMENT p167UR8E +. r:�,. -IP,I '!'' ''•' ^• - APPROVAL OF RR.OWNER,CITY,AND UM1ED PROPERTIES. - E4Y COIy6TRd1CT"AND GRAOMG OPERATICNNt3 p �'"' a •. PrpJeol No.; 06031 -ANY EXISTING VECETATION TO BE REMOVED FROM THE SITE SHALL DE DISPOSED OF IN A MANNER THAT IS 6HALL 0E REVEGETATEP.AREA SHALL BE �1N, brown By: SAW HYC)RC5EEOED MR MN POT REPO,NO,31316 AT '^� APPUCABLE WITH CITY AND STATE REQUIREMENTS, A RATE PP WP3L6B/ACFfE. STRAW MULCH BHAI.L `°•"^^ SEE ENGINEERS GRADING AND UTILITY PLANS FOR EXACT LOCATIONS OF BERMS,FENCES,RETAINING WALLS ESE APPLIED AT A RATE CP 2 TOMB PER ACRE. "� • •.» Checked By, SAW/HAM AND PIPE LOCATIONS, MULCH SMALL BE ANCIAORED WITH A DISC, '"-"�^^ CLODEFUBTER,OR OTHER APPROVED 4QUIPMEN7, /%1 lae°As and RRvtolono: IRRIGATION NOTES• (TYP.SHWN THUS) Il/.!/I CITY SUBMITTAL 06.19.2D06 CDNTRACTOR TO VERIFY MECHAMCAL ROOM LOCATION AS SOURCE OF ELECTRIC AND WATER SUPPLY. ) CITY RESUBMITTAL 07.26.2006 CDRMACTOR SHALL COORDINATE ROUTING OF SUBWATER AND IRRIGATION CONTROL WIRING FROM MECH.ROOM TO FRONT OF BUILDING, SUBMIT SHOP DRAWINGS AND PRODUCT FOR APPROVAL,SHOP DRAVANGS 544ALL INCLUDE LAYOUT OF SYSTEM \ A41)DESIGN CALCULATIONS. SUBMIT DATA FOR PUMPS,CONTROLLER,SPRINKLE HEADS,BACKFLDW PREVENTER, \ AUTOMATIC VALVES AND DRIER MATERIALS. SYSTEM RWILL PCRDESIGNE'D DTEM LYLMEECON INSTALLED TCRTCINOSE-N TO DO MESWORK.UB AND DESIGN DRAWING IS TO IOC DON ' N T LOCATIONS,SIZES SUBMITTED ByEANONTI ACTOR KINGS OF FOR RUIPMENOVAL BY BE OMER,EARDRTECT,AND UMTED PROPERTIES,914ONNO E 5 r Egg 4 Sheol 1111a1 -FIN AL ACCEPTANCE SHAH BE CONTINGENT UPON 711E COMPLEMENT OF ME PROJECT, A MADE PRIOR Or -- ,...`- - '--•�'—•. G.APDS�SCOACAE PE.AB� DTHEEMONSTRATION. SYSTEM SHALL DE FRONDED TO THE OWNER, ANY ADJUSTMENT TO HEADS SHALL BE MADE PRIOR MD iNE DETAILS AND DEMON51hATI0N. _ y'-'----.fit Fw..�^YeP�q Cll1 cn �(f E 1 N eB N tO O 0 ® r/Or!�� M N N C16� LT 8 R. 48'•9 1/2" UP \ VN \\� lilA L i6� z ri TRASII/SLOG. UTILITIES Go -_� E i o 1 L ScjK SHOWROOM \ \ 5'' m 2,396 S.r. .o k a c E Of I'ICE mo 7.,89P S.F. •� i I JANI70R E d CLb5E7 yE5119V1f 14bA1EH,- Lonny y^ 60 UP _ iDREI —OPEPI iq c 2 STORY AREA—�, 6ELOW EQUIP. z 1�`"�`�\ a® erg ' E j III €p \ mc 0 m 1 OFFICE490 S.F. / \ ,—LINE OF 7,755OFFIO L6 4, S.r. g� \�r— UPPER LEVEL Ella \ ® ® SHOWROOM Q O 3,573 SY �� N - I 0 Project No.: 06031 136'•0" 19b'•D" 0—a By: SAW ---�,- Checker)By: SAW/NAM Issues and Revisions; MAIN LEVEL FL00R PLAN UPPER LEVEL FLOOR PLAN 13,402 C.S.F. 11,797 G.S. CITY SUBMITTAL 06,19.2008 r� Sheet Tl1le7 FLOOR PLAINS i MA IN L E VE L FL OOR FLAN PA—)2 UPPE R L E VE L F. L00R PL AN ,�3/32" • 1'-W 3/32" o I'•0" r w E �.61GNpGE AREA 1$1 '(� d t" A35 BF. - J N'r NATURAL STONE I� 10 In TINTED GLA55 IN+ VENEER +Ot N p N NATURAL STONE PP.EFINI6HED SHEET ANODIZED A.M. �\ \ 7 W W FRAMEb,TYP \ CJ• VENEER METAL CORNICE/COPING 0IU N NEW, FT4-EW ityy fF{ : _ t t 5NOWS � Jr -., eeromL ,4_ n:,- .. . . � ..., . o. .. . .. ,. ..:t.., �_ ,.., .-'.- � ...f 4... ,!' .- .., y{ rr. :.".,. _. .. .. .. f_ a ..�_. ._.._f. .. T .,., -�_ ... ,. t., ..3:,.3 . e .14.-F.., �:�,. >c� ....t_� ... sY.�... ..I .. .. ._ ,., -... r..-. e __....i s.- S t'MEN > ,. , ....-,,� S.r_, ... n _...... ..a__,:, r _. ,. n-,.=. _ t _?s t ��'r4 -o+ �.-t.. 3.<. a .ai.,-. :-..�.r_.. (. r.,.. e r ,ram.'L ,, ,) s_. f-. r :1,, I n- r..., I. r3, _� .._.._ ,G11 r-..#a -,n_ ,e,i,,,d r F l,.- .9 .ma's_ 3 /:IT T c ri{U T ti 3 {. 'r-' '_/Tt r7 FLOORWR f., 'aT(bt tT 3i r;j B Yt .J �i sri ( N Ir � T.2 r,,,T . -(LtrT rG : -tr-rof J .� �drt s 41/3. {'x ti) -t .J/. �ah� r �i� r• Y 3Ft1f�9 e V 6T ^ _.st .�:' _}: "{ LF. i •Y- Y .�- `" .1 .]( Y �S tel:. f: _ y ( + IS MAIN INNERr. J_� 0._ _ • _ _ � e NATURAL STONE SILLS ' •e PIN WINDOWSAATERIAUS CALCULATIUIN 71NTEp GLA Duo FACEBRICK VENEER ELEVh1101J 60.FT =4,064 S.F.- ANODIZED ALUM. '^ �ATERIALI CALCULATIOIJ FRAMES,TYP. BRICK/STONE/GLASS=3,5BS 5F(60%)I ELEVATION Sq.Fl.= I,500 S.F. m E NATURAL STONE E.I.F.S.=476 S.F.(12%) CJRICK/S10,ONE/GLASS= L500 5.F 1007.) �� Z N K PIER BASE ._. _. ._ _ _ _— ._.) ( /— ( U io I 50UTW ELEVATION EAST ELEVATION �a1/43.1 " e _ o —)3 I/a., BUI r LDI�IG WALL SIGNAGG CALQU1 ATIOP! p 116 L.r.Or BUILDING FROIarhGE e.75=67 S.F. - b'Gi•L S.F. = TOTAL OF ALL BLOC.MOUNTED SIGNS) �,.., E.IFs., tf •—r �SIGNAGE AREA -- o g NATURAL STONE A3S 6F E.IF:6. al " -PREFINI6HEp SHEET .. 41 VENEER _TINTED GLASS IN u•- ( ANODIZED ALUM, METAL CORNICE/COPING PREFiNI6HED SHEET /f• ;,d b?•o METAL CORNICE/COPING FRAMES,TYP, u G u ,s �J ^ = _ — a �E o 't ­"'TINTEDGL45 IN -�- _ ME NODIZED ALUM. Ti�m �. i. -r" — £ 2 I y { - FRAMES,TYP. - u. il iL •� ] t a F, 2 a UPPER FLOOR ^ 000 F' • ❑'I', t,i... r`t ,+,i ^ t r i w r ' _ e c 4, r [ ) I + •4 MAIN FLOOR i NATURALeSTONE SILLS �v....•PAINTED OVERHEAD \ a z MAIN BUILDING `-_� e ° ''_ • �"`---f a WINDOWS TRASH DOOR ENTRANCE ADDRESS 51GNAGE NATURAL STONE SILLS _ _ _ ICy METAL PANEL _ _ _ fv ENTRY CANOPY _ u WINDOWS _. `.� FACE BRICK VENEER (MATERIALS CALCULATION Ir rATERIALS CALCULATION _ ® n FACE BRICK VENEER ELEVATION SO.FT,= 3,419 S.F NATURAL STONE I LLE ATION 1ft.FGLASS 1,367S.F.S.i(79.) BRICK/STONE/GLASS-3,056 Sf(69%)I ," --- PIER BABE E I F S =274 S.f (21%) NATURAL STONE �.�--� E.I.F,S, 363 S.F.(II%) L_'— ® /A !I z NORTHEAST EL E VATION o1=oa^°° '- - - - -- 5 NORTH E LE V A T 1 0 N I-YdOi w to ww �..--E.IF.S. ® H PREFIN15HED 5HEET METAL CORNICE/COPING ca .TINTED GL156 IN 4 +L" ANODIZED ALUM. - r ; FRAMES.1YP. 06 t '4 Project No.: 031 + �34: , ++{ Drown By: SAW C By: SAW/HAM _,�NATURAL STONE SILLS � ` �� '. Issues and Revislnns; y - f_ 2 1�• 11 t u - CITY SUBMITTAL 06.19,2006 mom t 5 a S V 1<1 t t tU y t m mmo FACEBRICK VENEER r NATURAL STONE 7= rA f b.,. T.-,.?., 5 .; _I;', ,,, i! 1 I BASE , C i Sheet Title: UMATERIALS CALCULATION /' EXTERIOR ELEVATION 50,FT. -3,606 S.F. ELEVATIONS BRICK/STONE/GLASS=2,903 Br LE.LF.S. 70.5 S.F.(20%) 4 - 3 W E S T E L E VA T I O N . 4 ' I EA GL E FOIN T BUSINESS FA RK 6 TH A DDI TION fr+ KNOW ALL BY THESE PRESENTS: That UNITED LAND LLC, a Minnesota limited liability company, owner and proprietor of the following described property, situated in the County bf Washington, State of Minnesota to wit: \ Outlet C, EAGLE POINT BUSIIESS PARK, according,to the plot thereof filed of record in the office of the Registrar of \\ Titles In and for Washington County, Minnesota As evidenced by Certificate of Title No, - _ N58°37'09'E \ Has caused the some to be surveyed and plotted as EAGLE POINT BUSINESS PARK 6TH ADDITION, and does hereby donate 1;. I and dedicate to the public the easements created by this plat for drainage and utility purposes only, K^ •,O .. (.� \C� f-A l 90 W Gn,��l.L�- v/lvl L.vJbvC_JJ • In witness whereof sold UNITED LAND LLC, a Minnesota limited liability company, has caused these presents to be signed by- ( Hill, v Hill/lulu its proper officers this _ __ day of ,_____---_-- _, 200_, C �U O; UNITED LAND LLC C ��d I--I ae� �oa•�_ ' w BY:--------- -- its ------ and ------------------- its _---------------- JZ J, ---------------- �~ I STATE OF ____________ aom COUNTY OF The foregoing-instrument was acknowledged before me this _--- day of ----------- 200_ by _ _ Its _____________- __ - -------- -- _ and its \ ____________________ of said UNITED LAND LLC, o Minnesota limited Ifability company, on behalf of sold company. `C_ L• ------------------------------------- OT / �\ \ so �l// / \\\r119 `t/<<'l ��` Notary Public^------- - County,-- _--_ ----- �� BL OCI< \ �cp, Q My Commission Expires_______ o�FOUOPENOIRON _______________ �L_� —DRAINAGE AND ~ ' MONUMENT I ~� 1, Mark S, Hanson, hereby certify that I have surveyed and platted the property described on this plat as EAGLE POINT f UTILITY EASEMENT 4 ° BUSINESS PART( GTH ADDITION; that this plat is a correct representation of the survey; that all distances are correctly shown 1 I L=112 09. 4—__ _— _ �' S27 28 33 w �` ,,, 4� — I on the plat in feet and hundredths of a foot; that all monuments hove been correctly placed in the ground as shown; that ��-,.'�•/ ott R'=/33239 4- 4--- a'Yo •`/,.377 c- oo the outside boundary lines are correct) designated on the lah, and that there are no wet lands as defined In MS 505.02,- h.,c". •A184o rr 4-----_4 04 ,4',,�_1. Y Y 9 P Q=4�49'12° r,qy, 085/ w 301, Subd. I or public highways to be designated other than as shown. _ 03•-.a' 1- �-- --Fol1N0 I/2"OPEN IRON MONUMENT UTH LINE OF /A/-T-C-)^T A Tr- I l l/ l r I A/d \/ A/n .-_____________________.______________- i � l,/� � SE I/h SEC. 33, Mark S. Hanson, Land Surveyor s v / �_/ +�/ -1 / �_ n1t2r7ryl-i lvv. v r / T. 2s,R. 21 / Minnesota License No. 15480 A eA r n �r ilnr �r n r Arn 7 _ h STATE OF MINNESOTA - -_y----- vrl v[/v r / vv c.i_i r v COUNTY OF The foregoing Surveyor's Certificate was acknowledged before me this _-_ day of __----____, 200_ by Mork S. Hanson, Minnesota License No. 15480, My ytComm slsion Expires_- _County, Minnesota--- - This plat of EAGLE POINT BUSINESS PARK GTH ADDITION was approved by the City Council of the City of Lake Elmo, [ �" --•--__ Minnesota, this _ - day of _, 200_, and hereby certifies compliance with all requirements as set forth in Minnesota Statutes, Section 505.03, Subd, 2. SIGNED;------- ----------------- Mayor \ 'l SIGNED:----------------------------- City Administrator I Pursuant to Chapter 820, Laws of Minnesota, 1971, this plat has been approved this _-_- day of —----------- 200_. BY:----------------------------- 77�pp �/ �/ Washington County Surveyor • Denotes found, Ibe inch iron pipe with VICINITY MAP BY:----------------------------- plastic cap inscribed RLS 8612, unless otherwise noted. NOT TO SCALE -A A- Denotes access control per Minnesota n------I------, There are no delinquent taxes, the current taxes due end payable for the year 200_ have been paid, and transfer has been Department of Transportation Right of Way I I I entered this day of ----__--__ Plat 82-61. ---- 200_, 100 0 100 200iiiiiii I �°ZI ` I Washington Caunly Audltor]Treasursr f-----r---- BY: SCALE IN FEET I ql II I -- Deputy I ,.t 1IHUDSON,r.V�:t I I inch = 100 feet I gI ar i'A I I rye,��na Nip Gpr �Qp pg ap Document Number _ z I�... `1--I Si '� Orientation of this bearing system is I I tjv, -I SITE I hereby certify that this instrument was recorded in the Office of the Registrar of Titles for record on this ____ day of L-----L---__7 __- 200_ at o'clock __,M., and was dui recorded in Washington Count Records. based on the Washington Count A'^'Yo- ___ ___ ____ ST. H{V); l2 U.S NWY, 94 M; _ Coordinate system. (NAD83) n��� ;, {• SECTION 33, TOWNSHIP 29, RANGE 21 a'.:;`.-,., E,. s BY:-------------- - - -__-_-_ Washington County Registrar of Titles ®® Sunnde Luau Surveying, LLC. BY: aepuly ------ -- - l Ghuck Dillerud From: Travis Germundson[Travis.Germundson@dnr.state.mn.us] Sent: Friday,August 11,2006 3:12 PM To: Chuck Dillerud Cc: swiestling@finn-daniels.com Subject: Re:C&C North America Chuck, The revised Landscape plan for C & C North America looks good. I directed their civil engineer to contact Tay Riggs with Washington Conservation District for assistance in determining an acceptable erosion control system. Travis Germundson DNR Waters 1200 Warner Rd. St. Paul, MN 55106 651-772-7914 >>> "Scott.Wiestling" <swiestling@finn-daniels.com> 8/11/2006 10:22 AM Chuck - Attached is an updated Landscape Plan for this project. our civil engineer has a call into 'Travis to discuss what type of erosion control system they would like on the slope that is to be re-vegetated. once they get that answer from Travis, we will re-issue the grading plan (sheet C-1) as well. Scott A. Wiestling Finn Daniels Architects 2145 Ford Parkway, Suite 201 St. Paul, MN 55116 651-690-5525 x13 Fax 651-690-5545 swiestling@finn-daniels.com l =' N ag 3� _ � 4• /p� s �= sic 4. Ell A; "_ 6 # e' g$ ms $ f P �7J O Q m� m Ay 54R s _F WIN mg> « i:pq� a � � X s e „ „ n a r 3 — e D — �� •� �ce s�q� tei .�� a m =� �� w ez�€ � ane � ? � ; � a s a. � - � gas ,i t RF s s "gs R s of Ile � £v ' f°i NJ. it 10� s $ Re Sig a12 j'W MF ;-1 'Fa £4 31 54 10a pi VA g I 1 11, 8m1 6'2v�A M Q d ap gjys a� PPS sF �� 4 p e 4' RR L �: g„ �•o�' g N INB A �'�� it fill £ >� n rc ; la1h on ys =� t a ff�I"Sep€ € a ILE fgaD; s iP e d2 1-7 d A�^Pp �Yam._ — — y ')�'�'L'1-.f�:•I.I'.f`LT�f:�F�''"•` •ram-- S �� egg E r Egli g° z z �� •r•�, ti': +•. . + / : .• ova /. 1• ! r A o= p u m m C & C North America ppy." in1 daniels Sao PROPOSED OFF3CEISHOWROOM a A R C H I T E C T S HUDSON BLVD. ts.me�" ai�i� .ue 555�s _ # LAKE ELMO,MINNE5OTq asi�osrrs cax Rsossis :: s.y.�.xum w„e. viuwA��milelamm Lal,.e Elmo Agenda Section: Planning, Land Use and Zoning No. 9D City Council August 15,2006 Agenda Item: Comprehensive Plan Amendment/Rezoning—City of Lake Elmo (as applicant) Background Information for August 15,2006: On July 18 a representative of the Apostolic Bible Church—owner of the site proposed by the City for Plan Amendment and rezoning—appeared before the Council and requested the matter be tabled until the August 15 Council meeting—which the Council agreed to do. The City has received an August 10 letter from Apostolic Bible Church again requesting the matter be tabled—this time to the September 5 Council meeting. We have attached both the property owner's August 10 letter and the complete agenda packet from the July 18 meeting. Person responsible: Action items: Either table the this item to the September 5 Council meeting, or C' er procede on the item per the attached August 2 agenda memo. Attachments Time Allocated: 1. Applicant's August 10. 2006 letter 2. Complete August 2, 2006 Agenda Packet f APOSTOLIC BIBLE CHURCH - FOUYAED DULY 3, 1915 1545DieterStreeLSaintPzd,Nfimesata53i06-1400•651-774-1111 MICHAELF FRffM,Pastor STUART WARD,Assod&e Pastor August 10, 2006 Dear Mayor Johnston and City Council of Lake Elmo, We are writing to request that the City Council of Lake Elmo delay any action concerning the Apostolic Bible Church property until the September 5, 2006 council meeting, at which time members of our organization will be prepared to make a presentation. atefully, r Lake Elmo Agenda Section: Planning, Land Use anal Zoning No. 9JB .City Council July 18,2006 Agenda Item: Comprehensive Plan Amendment and Rezoning---Apostolic Bible Church Site Background Information for July 18.2006: On July 10 the Planning Commission conducted the required Public Hearing and unanimously recommended approval of a City Council-initiated action to amend the Comprehensive Plan classification of this site from.PF to RAD; and to rezone the site from PF to RR. The property owner(Apostolic Bible Church) was mailed a copy of the Hearing Notice at an address provided by the Washington County GaT,S, but did not respond or attend the Hearing. The property owner was again notified of this pending action by mail with a copy of this Demo to the City Council. Person r onsible: Action items: ` Cite" er Motion to adopt Resolution 02006—Approving a Comprehensive Plan Amendment, subject to Metropolitan Council concurrence. If the Resolution is Adopted Motion to adopt Ordinance#97—amending the Lake Elmo Zoning Map for conformance with Resolution#2006 - . Said ordinance not to be published until receipt of Metropolitan Council concurrence with the Plan amendment Resolution. Attachments: low Time Allocated: 1. Draft Resolution#200Approving Comp Plan Amendment 2.Draft Ordinance#97—Approving Rezoning 3, Draft Planning Commission Minutes of July 10, 2006 4. Planning Staff Report 4 Comprehensive Plan Amendment—Apostolic Bible Church Site: PF to RAD City of Lake Elmo Washington County,Minnesota Resolution No. 2006-071 A RESOLUTION GRANTING A COMPREHENSIVE PLAN AMENDMENT GUIDING LAND USE FROM PF TO RAD TO THE CITY OF LAKE ELMO WHEREAS,the City of Lake Elmo has made application for a Comprehensive Plan Amendment, amending the land use guiding from PF to RAD for the following parcel of land; to wit: Legal Description That part of the Southeast Quarter of the Southeast Quarter of Section 28, Township 29,Range 21, Washington County,Minnesota, described as follows: Commencing at the southwest corner of the Southeast Quarter of said Section 28; thence on an assumed bearing of North 88 degrees 53 minutes 28 seconds East, along the south line of said Southeast Quarter, 1770.00 feet to the point of beginning;thence North 01 degrees 06 minutes 32 seconds West 245.00 feet; thence northeasterly, along a tangential curve, concave to the southeast,having a radius of 241.75 feet and a central angle of 40 degrees 00 minutes 00 seconds, 168.77 feet;thence North 3 8 degrees 53 minutes 28 seconds East,tangent to the last curve, 125.60 feet;thence northerly along a tangential curve, concave to the Northwest,having a radius of 254.72 feet and a central angle of 39 degrees 40 minutes 47 seconds, 176.41 feet;thence North 00 degrees 47 minutes 19 seconds West,tangent to the last curve, 74.17 feet; thence northeasterly along a tangential curve, concave to the southeast,having a radius of 60.00 feet and a central angle of 39 degrees I 1 minutes 42 seconds, 41.04 feet to a point of reverse curve; thence northeasterly,northerly and westerly along said reverse curve, concave to the southwest,having,a radius of 60.00 feet and a central angle of 162 degrees 33 minutes 43 seconds, 170.24 feet;thence North 00 degrees 47 minutes 19 seconds West,not tangent to last curve,257.85 feet,thence South 88 degrees 47 minutes 13 seconds West,parallel with the north line of said Southeast Quarter of the Southeast Quarter 591.91 feet to the west line of said Southeast Quarter of the Southeast Quarter; thence southerly along the west line of said Southeast Quarter of the Southeast Quarter 1116.18 feet to the southwest corner of said Southeast Quarter of the Southeast Quarter;thence easterly along the South line of said Southeast Quarter of the Southeast Quarter 464.71 feet to the point of beginning. Excepting the south 33.00 feet of said Southeast Quarter of the Southeast Quarter. Note: The above-described Parcel contains 14.352 Acres, more or less. WHEREAS,the Lake Elmo Planning Commission considered this Comprehensive Plan Amendment request at its July 10, 2006 meeting, and recommended that the Comprehensive Plan Amendment be granted. WHEREAS,the Comprehensive Plan Amendment request was presented to the City Council at its July 18, 2006 City Council Meeting where the following Findings were made: 1. The subject site is an `island' of PF surrounded by RAD land use guiding which is essentially `spat-guiding' with no factual basis to support the existing PF classification,and RAD land use guiding continues to surround the site on three sides. 2. The record of the 1989 City action to reclassify the site from RAD to PF fails to provide Findings to support that reclassification beyond the interests of the property owner leading to the conclusion that an error may have resulted by the action. 3. There has been no evidence that the property owner intends to execute development of the site as a church during the past 7+years. Conditions appear to have changed from those existing at the time of the 1989 Comprehensive Plan Amendment classifying the site as PF. The property owner has been officially notified of this pending amendment, and has not responded. NOW, THEREFORE,BE IT RESOLVED that the land use designation on the Lake Elmo Comprehensive Plan for the foregoing described property is hereby amended from PF to RAD subject to review and concurrence by the Metropolitan Council. ADOPTED by the Lake Elmo City Council this 19th day of July, 2006. Bean A. Johnston,Mayor ATTEST: Martin Rafferty, City Administrator ORDINANCE 97-176 CITY OF LAIC ELMO WASFIINGTON COUNTY, MDiNESOTA AN ORDINANCE AMENDING THE 1979 MUNICIPAL CODE OF LAKE ELMO The City Council of the City of Lake Elmo ordains: Section 1. Amendment. Section 301.070C of the 1979 Municipal Code of Lake Elmo adapted October 16, 1979. It is hereby amended to the change the zoning district map by rezoning the following described parcel from Public Facility to Rural Residential, to wit: That part of the Southeast Quarter of the Southeast Quarter of Section 28, Township 29, Range 21, Washington County,Minnesota, described as follows: Commencing at the.southwest corner of the Southeast Quarter of said Section 28; thence on an assumed bearing of North 88 degrees 53 minutes 28 seconds East, along the south line of said Southeast Quarter, 1770.00 feet to the point of beginning;?ng;thence North 01 degrees 06 minutes 32 seconds West 245.00 feet; thence northeasterly, along a tangential curve, concave to the southeast,having a radius of 241.75 feet and a central angle of 40 degrees 00 minutes 00 seconds, 168.77 feet;thence North 38 degrees 53 minutes 28 seconds East,tangent to the last curve, 125.60 feet;thence northerly along a tangential curve, concave to the Northwest,having a radius of 254.72 feet and a central angle of 39 degrees 40 minutes 47 seconds, 176.41 feet; thence North 00 degrees 47 minutes 19 seconds West,tangent to the last curve, 74.17 feet, thence northeasterly along a tangential curve, concave to the southeast,having a radius of 60.00 feet and a central angle of 39 degrees 11 minutes 42 seconds,41.04 feet to a point of reverse curve; thence northeasterly,northerly and westerly along said reverse curve,concave to the southwest,having a radius of 60.00 feet and a central angle of 162 degrees 33 minutes 43 seconds, 170.24 feet;thence North 00 degrees 47 minutes 19 seconds West,not tangent to last curve,257.85 feet;thence South 88 degrees 47 minutes 13 seconds West,parallel with the north line of said Southeast Quarter of the South-east Quarter 591.91 feet to the west line of said Southeast Quarter of the Southeast Quarter;thence southerly along the west line of said Southeast Quarter of the Southeast Quarter 1116.18 feet to the southwest corner of said Southeast Quarter of the Southeast Quarter;thence easterly along the South line of said Southeast Quarter of the Southeast Quarter 464.71 feet to the point of be_nuing. Excepting the south 33.00 feet of said Southeast Quarter of the Southeast Quarter. Note: The above-described Parcel contains 14.352 Acres,more or less. Section 2. Effective Date, This ordinance shall become effective upon its passage and publication. Adopted by the City Council of the City of Lake Elmo this 18t' day of July,2006. Dean A. Johnston,Mayor Martin.Rafferty, City Administrator PUBLIC HEARING- Co ore€ snsive Plan Amendment DRAFT and Rezoning for the Apostolic Church Site The Planner said the City Council initiated this petition to reclassify and rezone this 13 acre portion of a parcel on the north side of 10'�' Street from PP to RAD (Comp Plan) ; and PF to RR (zoning). He reported that no church construction has taken place over 17 years,nor has there been any indication from the owner that church construction is contemplated in the near future.. THE CHAIlUNIAN OPENED THE PUBLIC HEARING AT 8:18 P.M. THE CHARUvIAN CLOSED THE PUBLIC HEARING AT 9:19 P.M. M/S/P,Ptace-k/Deziel To recommend amending the Comprehensive PIan to reclassify the site owned by Apostolic Church from PF to RAD. Vote: 6:0. M/S/P, Ptacek/Van Zandt To recommend the Apostolic Bible Church site to be rezoned from PI~ to RR on the condition that the Comprehensive Plan amendment to reclassify the site to RAD is approved Vote: 6:0 LAKE ELMO PLANNING COMMISSION STAFF REPORT Bate: July 7, 2006 for the Meeting of July 10, 2006 Applicant:' City of Lake Elmo by It's City Council Location: 8890 10'Street North Requested Action: Comprehensive Plan Amendment and Rezoning Land.Use Plan Guiding: PF Existing Zoning: PF Site History and Existing Conditions: City records regarding this 38 acre (overall) site date back to 1988. The site owner (Apostolic Bible Church) applied to the City to rezone the entire 38 acres from RR (Rural Residential) to PF (Public/Semi-Public Facilities) with the specific intent to build a church. There were also indications that the applicant may include a seminary facility on the site. No application or discussion of a corresponding Comprehensive Plan amendment appears in the 1988/1989 records of this proceeding, except reference to a clause in the City Zoning Ordinance (that remains to this day as 301.060 E.8) stating that a rezoning action automatically amends the Comprehensive Plan to conform with the zoning. While that may have been the understanding of the City at that time (Comp Plan responds to zoning), Minnesota court decisions (and Statute amendments) that may have taken place subsequent to 1988/1989 clearly prescribe that zoning must respond to the Comp Plan. Hence (at least today) there can be no rezoning that is inconsistent with the Land Use Plan. Today, the Plan must be amended first. Following initial review, Public Hearing and discussion at the Planning Commission level the applicant amended the rezoning application to reduce the area of the requested action to the westerly 13 + acres (net of road right-of-way) of the 38+ acre site. Although the Planning Commission recommended denial of the application, the City Council did eventually approve it and a related land division. That land division is not, however, of record with Washington County. In 1991 the property owner (Apostolic Church) was asked by the City if they intended to proceed with the church project to which they responded in the affin'native,but that construction would not start until at least 1994. This inquiry by the City was initiated responsive to a suggestion that the land be rezoned back to RR since no church construction had taken place. In 1998 the church advised the City that it planned to move forward with church construction during 1999. This may have been responsive to concurrent work by the City to amend the PF zoning district standards in a manner that was viewed by this church (and others) as constraining. Those PF amendments were eventually adopted by the City. There has been no contact of the City by the church regarding building plans since at least 2000. Discussion and Analysis: The City Council has recently directed Staff to process a City Council-initiated Comprehensive Plan amendment for the subject 13+ acres to reclassify the Plan land use from PF to RAD — consistent with the surrounding. lands. The Council also initiated a complimentary rezoning process for the site to reclassify zoning from PF to RR — again consistent with surrounding properties. The property owner (and property owners within 350 feet of the site) have been notified of the proposed actions. Comprehensive Plan amendments are generally based on one or both of the following: 1. A change of conditions regarding the subject site, or the surrounding area. 2. An error in the existing Plan classification. Staff review of the substantial records regarding the 1988/1989 proceedings that lead to the rezoning of this site from RR to PF reveal (as noted above) that there was no discussion of the Comprehensive Plan amendment except the reference to the "zoning equals Plan" clause of the Zoning Ordinance. No findings regarding either change of conditions or error supported that Plan amendment—rather, a basic determination of whether it was the "right" or "wrong" action by the City based on a substantially different understanding of the importance of comprehensive plans that cities are required by Statute to adopt in 2006. Staff concedes the advantages of 20/20 hindsight as we address the land use guiding and zoning of this site today— 17 years after the action. There were no specific findings (reflected in Minutes) in support of the 1989 action to assist in determining the reasons for the actions — beyond the applicant's ownership of the site —no error claimed, nor any change of conditions claimed (other than site ownership). 'Today, that alone could easily be construed as an error in the 1989 action, and the basis to return the site to RAD land use classification and RR zoning that the site held prior to the 1989 action to rezone (and automatically reclassify in the Comp Plan). As the City has witnessed during the recent consideration of the Lakewood Church Comp Plan Amendment and rezoning applications, PF land use guiding and zoning tends to be a special case that is not easily addressed by planning theory or practice. Predeterming the need for and geographic placement of the PF-type uses as Comprehensive Plans are prepared is seldom accomplished, except in the case of large PUD projects (often hundreds of acres). In those cases the project alone may suggest PF needs (such as schools) and even church sites by mere project scale. Beyond that, PF land use decisions (other than accommodating existing PF uses) becomes an ad hoc practice based as much on judgment by planners and policy makers as on factual circumstances. Findings and Recommendations: Staff suggests the following Findings be considered regarding the City Council initiated application for amendment of the Comprehensive Plan to reclassify this site from PF to RAD. 1. The subject site is a 13 acre "island" of PF surrounded by RAD land use guiding — essentially "spot guiding" with no factual basis to support the existing PF classification, and RAD land use guiding continues to surround the site on 3 sides. 2. The record of the 1989 City action to reclassify the site from RAD to PF fails to provide Findings to support that reclassification beyond the interests of the property owner leading to the conclusion that an error may have resulted by the action. 3. There has been no evidence that the property owner intends to execute development of the site as a church during the past 7+ years. Conditions appear to have changed from those existing at the time of the 1989 Comprehensive Plan amendment classifying the site as PF. The property owner has been officially notified of this pending amendment, and has not responded. Based on the foregoing, staff recommends the Comprehensive Plan be amended for this site to reclassify the site in the Land Use Plan from PF to RAD, subject to the Metropolitan Council concurrence mandated by State Statute. Staff further recommends that the subject site be rezoned form PF to RR on the condition that the recommended Comprehensive Plan amendment is adopted by the City Council and concurred in by the Metropolitan Council. Planning Commission Actions Requested: Motion to recommend the Comprehensive Plan be amended for the site 1mown as the Apostolic Bible Church site to reclassify the site in the Land Use Plan from PF to RAD, subject. to the Metropolitan Council concurrence mandated by State Statute. Motion to recommend that the subject site be rezoned form PF to RR on the condition that the recommended Comprehensive Plan amendment is adopted by the City Council and concurred in by the Metropolitan Council. Charles E. Dillerad,City Planner Attachments: 1. Location Map l� i 1 i l i _ t TVs E t 1 i � � 1 �icinitY MaP RpD { Ii r S E 3 i F=S t gstc �Nash �ptEti -�� .1 ; FtAo � 1 ,t � - j' E �``• ��,�" .�`o`er. _�f Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9E City Council August 15, 2006 Agenda Item: Zoning Ordinance Interpretation—Non-Conforming AG Accessory Buildings Background Information for August 15. 2006: On July 18 the City Council removed this item from the agenda on the advice of the City Planner and City Attorney that this matter may be related to on-going litigation. Subsequently Staff has determined that the requested interpretation involves accessory buildings in a different zoning district than that of the litigation site. therefore this interpretation would have no relation to the present litigation referred to on July 18. On August 2 the Council directed this matter be placed on the August 15 agenda. The original agenda packet from July 15 is attached. Person r nsible: Action items: C'ty ner See the July 18 Agenda Cover Memo Attachments.• Time Allocated: 1. Complete July 18 Agenda Packet Lake Elmo Agenda Section: Planning,Land Use and Zoning. No. City Council Judy 5, 2006 July 18, 2006 Agenda Item: Zonia7 Ordinance Text Interpretation— Accessory Buildings Background Information for Maly 5. 2006: Staff has recently discovered what appears to be a wording problem within the table of the Zoning Ordinance that prescribes the number and allowable area of accessory structures in the various zoning districts. The nature of the possible problem is fully described by the attached June 22 Memo by Staff to the Planning Commission—essentially involving whether certain area standards where multiple buildings are other wise permitted areintended to be aggregated or individual, as well as the possible logic (or illogic) in the manner the standards are now written. On June 26 the Planning Commission considered the questions raised by staff in this regard at length. The Commission's conclusion (and resulting recommendation to the Council)is that the term"combined"is used where the ordinance describes multiple buildings in the R1,REED, and OP section of the table. If the intent of the drafters had been to aggregate the stated allowable area then the term "combined" would have been used along with the tempts "total area"in the text of the "Agricultural (Non-conforming)" of the subject table. The Commission did consider recommending a formal amendment to that end, but concluded that a simple interpretation direction should suffice pending completion of the new zoning ordinance—where additional modifications to Accessory Building standards are likely as well. Person resDansible• .Action items: Ci Ply� r Motion directing staff regarding the interpretation of the terms "total area" contained within the".Agricultural—Non-conforming" paragraph of the table in Section 300.07 Subd. 4.B.2.b. of the City Code. Attachments: Draft City Council Minutes of July 5, 2006 Time Allocated: 1. Draft Planning Commission Minutes of June 26, 2006 2. Planning Staff Memo and Attachment of June 22,2006 I ST DRAFT Avenue, and 45 h Street; 3)AG Preserve and Green Acres clarification; 4) specific repairs eded on 45"' Street and Julep Avenue? Ci Engineer Prew informed Council the streets are 20 years old, and mainten ce is reco ended. Making the driving lanes narrower—as proposed by the prof t--will help slow do traffic some. M/S/P Johnsto Smith--to return to the July 18, 2006, Council mee ' g for further discussion of Res Lion No. 2006-064, ordering improvement fop 006 MSA Resurfacing on 45 ' eet, Julep Avenue, and 47'h Street. (M on passed 4-0) C. Easement for North�e`�.Watermain: City Engineer Prew inform%theuncil that they are ailing for appraisalso /easements. D. A rove Plans for EBoulevard Resolution No. 2006-064: City Engineer Prew recommended 1hlion o esolution No. 2006-064, approving Plans and Specifications for Eagle Point Boul ar. , south of Hudson Blvd. M/S/P Johnson/Smith—to approve Resol on No. 2006-064, approving Plans and Specifications for Eagle Point Boulev lion passed 4-0) F. Water Tower Pro'ect: Verb Update The City Planner informed Coun that CB & I Co ctors, Inc. informed the City about the water tower being o f-specification/out-off t ranee by 4 inches. CB & I osed a remedy and s ution. i Engineer reco nded hiring an independent natio nsultant,Tank dustry Consultants,to valuate the proposals for correction of the deviation. All costs will be covered by C &I, Inc., including TKDA. N/S/P DeLapp/J on—to authorize City Engineer Prew to pursue a contract with Tank Industry Consultants in an estimated amount of$13,000.00, and recover costs by charging CB &I. (Motion passed 4-0) 9. PLANNING,LAND USE & ZONING: A. Zoning Ordinance Text Interpretation—Accessory Buildings: The City Planner reported that Staff discovered what appeared to be a wording problem within the table of the Zoning Ordinance that prescribes the number and allowable area of accessory structures in the AG zoning district. The City Planner and the Planning Commission's recommendation to the Council is that the term"combined"is used where the ordinance described multiple buildings in the Rl, RED and OP section of the table; and, therefore,the lack of that term in the AG district text implied that the stated maximum building area is applicable to each of the two accessory-buildings allowed. N/S/P Johnston/Smith—to reschedule consideration until the July 19,2006, City Council meeting_ (Motion passed 4-0) LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006 5 Excerpt from June 26, 2006 planning Commission CRAF-i Minutes Zoning "text Interpretation — Accessory Structures M!S/P Lyzenga/Van Zandt to recommend that staff should have the liberty to interpret the passage in the section of code relating to Maximum Number and Size of Accessory Buildings in the Agricultural Zone as relating to individual buildings based on the absence of the word, "Combined." Armstrong prefers more liberal interpretation. Vote: 6:2,Nay: Schneider,Abstain: Deziel cannot support it because it is not correct, it fails to be consistent, yet he can't go against it because it indicates proper use of the property. l ub i Number and Bite of A€ce$svey Bumlip A- r"irult araI Thera abaft be o Iimst on a site ar nuiaki6i cifscc s$ory btuldml m so Img as�parcel is a nominal forty(40) ads, or more and btffiftgs are agricultar l bundings as deiizzed in 300.13 $ bd 3(A) (5)- A. c0l. up to teii(10).a6kes T brt with a.total area not to ekcecerl one d Over 14 but less f=a coal forty(40}acres Two btii a total not to exce~d two thud (2,0€0).sue i Rartil R&MainfW Up to 10•Acres(Noel) One 20M squat.-met d. ed liui'ldiag iu addz`don to an 10 Acres to 15 Acres ( Onb 2500.square feet deiaa"hzd building m addidon to as • attacii�game. Fj - 5,000o 20 Acres O=3DOO square feet detached building is addition to as attached.,gage. , -RI,RED and OF ±a feet to 1 Acre A combined 1200 square fact total for both attached and detached accessory straciz= or residential gage; the Hu of the i'ootorint of the detached sli cture shZ.11 not erd the si=of the Iba4x-at of the nrrmary stiuct m Over 1 Acre to 2 Acres Oue 1200 square feet detached resiaendal garage or bufidiag is act&dcm to an attacied garage. Over 2 Acres One 1300 square feet detached residential garage or building in addition to as attaci}ed garage. Section 2. Amendment: The following Section aL the Lake Elmo Ymiiicbal Code is hereby repealed. 300,07 Subd.4.E.2.b. Section 3. Effective Data: The ordinance shall become rfr'eadve upon its passage and publication according to law. Lee I tmt,mayor Adopted by the Lake Efmc City Cou ncH on the 17*day of Novemomr,i-M. Mary Kue der,City A mhdm=r ST IT Published inths 5ti11water G=tte. Q1 , 1999 Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9F City Council August 15, 2006 Agenda Item: Lateral Water Main Charge Ordinance/Ordinance Establishing Lateral Water Charges Background Information for August 15, 2006: Staff has revisited Chapter 600 of the City Code to "clean up" Code language regarding the distinction between WAC (trunk) water charges and Lateral (frontage) water charges/assessments. As 600.06 currently reads, the trunk and lateral distinction is unclear, rendering Chapter 600.06 internally contradictory and confusing. A draft Ordinance is attached that cleans up the Chapter 600 language. A second ordinance is attached that establishes the water lateral charge per service connection for the Interconnect I (39`h to Tapestry) and Interconnect H (Tapestry to Jamaca Public Works) projects. These will be the lateral charges payable for each service connection to City water along those routes at such time as a property owner desires connection to City water. The property owner will also pay a WAC (trunk) charge, currently $3,500 per connection, or SAC unit (for non-residential property). Both the lateral charge and the WAC charge will escalate periodically reflecting the City's project financing costs. Person responsible: Action items: r Motion to adopt Ordinance#97- amending Chapter 600 of Oh;City City inner Code regarding charges for connection to City water. Motion to adopt Ordinance#97- establishing lateral charges for City Water Interconnect Projects I and H. Attachments: rl C- Time Allocated: 1. Draft Ordinance#97 - Amendments 2. Draft Ordinance #97 - Establishing Lateral Charges CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA ORDINANCE NO.97-176 A SPECIAL ORDINANCE ESTABLISHING LATERAL WATER MAIN CHARGES The Lake Elmo City Council hereby ordains that the following connection charges are approved: (1) The laterat water main charge for City Water System interconnect Project . Phase I shall be $4,512.00 per lot, if such charges are paid in calendar year 2006. (2) The lateral water main charge for City Water System Interconnect Project Phase II shall be $5,718.00 per lot, if such charges are paid in calendar year 2006. If the charges for these projects are paid after 2006, the actual charge will be adjusted for inflation. Computations for the above charges are contained on the Lateral benefit worksheets for the City Water System Interconnect Project for each phase which is on file at the City of Lake Elmo administrative offices and which is incorporated herein. ADOPTION DATE: Passed by the Lake Elmo City Council on the 15th day of August, 2006. EFFECTIVE DATE: This Ordinance shall be effective the day following its publication. Dated: , 2006 Dean Johnston, Mayor ATTEST: Marty Rafferty, City Administrator PUBLICATION DATE: Published on the day of , 2006. FAusers\Janice\Jerry%LE\Trunk and Lateral Water Main Charges Ordinance.doc CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA ORDINANCE NO. 97-177 AN ORDINANCE RELATING TO TRUNK WATER FACILITY AND LATERAL WATER MAIN CHARGES The Lake Elmo City Council hereby ordains that Sections 600.05 and 600.06 of the Municipal Code of the City of Lake Elmo are amended to read as follows; and that Section 600.03 of the Municipal Code of the City of Lake Elmo is repealed: 600.05 Plumbing Permits. A permit must be obtained to connect to the water system. The fee for each permit shall be as set forth by City Council Ordinance. No permit shall be issued except to a licensed plumber. All costs to connect to an existing water main shall be paid for by the property owner. If for any reason the contractor laying the service pipe shall fail to have the connection made at the time specified in the contractor's application, notice must be given to the City Building Official affixing another day on which the contractor wishes to make the connection. The notice must be given at least two (2) business days prior to the excavating for laying the service pipe and the connection must be made before 3:00 p.m., except in special cases, and then the work must be done only upon a written order from the City Building Official. 600.06 Trunk Water Main Facilities and Lateral Water Main Connection Charges. A connection charge, as determined by City Council Ordinance, shall be paid at the time of making the application for water service. Before the connection permit is issued, the City Administrator shall make the following determination: (1) A lot or tract of land to be serviced by the connection has been assessed for the cost of constructing the trunk water main facilities and lateral water main system with which the connection is made, or (2) If no assessment has been levied for the construction cost of the trunk water main facility and lateral water main, the proceedings for levying the assessments have been or will be commenced in due course; or (3) If no assessment has been levied, and no assessment proceedings will be completed in due course, a sum equal to the portion of the cost of constructing the trunk water main facility and lateral water main has been paid as a connection charge to the City. The Lake Elmo City Council hereby ordains that Section 600.03 is repealed. ADOPTION DATE: Passed by the Lake Elmo City Council on the 15th day of August, 2006. EFFECTIVE DATE: This Ordinance shall be effective the day following its publication. Dated: , 2006 Dean Johnston, Mayor ATTEST: Marty Rafferty, City Administrator PUBLICATION DATE: Published on the day of , 2006 FAusers\Janice\Jerry\LE\Trunk,Watermain and Lateral Water Main Charges Ordinance.doc 2