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HomeMy WebLinkAboutAugust 02, 2006 CCP v Mayor:Dean Johnston Lake Elmo City Council Council members: 3800 Laverne Avenue No. Rita Conlin Wednesday, Lake Elmo,MN 55042 Steve DeJLapp777-5510 777-9615(fax) Liz Johnson AUGUST Z 2006 Anne Smith 1�v o� b 7 9 (The regular scheduled Council meeting would have fallen on National T�i ht Out) Please read: Since the City Council does not have timb to discuss every point presented,it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance;and decisions are based on this information and experience. In addition,some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed,please fill out a"Request to Appear Before the City Council form;or,if you came late,raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a fixture meeting if additional time is needed before a decision can be made. Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1.Agenda 2. Minutes: July 18, 2006 3. PUBLIC INOUIItrLESII NTORMATIONAL• Public Inquiries/informational is an opportunity for citizens to bring the Council's attention any items not currently on the agenda. In addressing the A. PUBLIC INFORMATIONAL: Council,please state your name and address for the record,and a brief summary ofthe specific item being addressed to the Council. To allow adequate time for B. Public Inquiries each person wishing to address the Council,we ask that individuals limit their comments to three(3)minutes. Written documents may be distributed to the (I)EBI Drilling and Parks Construction Council prior to the meeting or as bench copies,to allow a more timely —Directional Boring Extra Costs presentation. 4. CONSENT AGENDA 'Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar A. Resolution No.2006-073•Approving format. There will be no separate discussion ofthese items unless a Council member so requests,in which event,the item will be removed from the general Claims order of business and considered separately in its normal sequence on the B. Request from Meehan Family for an agenda Extension of Time to Record Final Plat C. Election Judges for Primary and General Election;Resolution No.2006-074 D. Roadside Landscaping Partnership Program,Resolution No.2006-075 E. 2006 MSA Resurfacing:Approve Plans and Specs and Authorize for Bids—Resolution No.2006-80 5.FINANCE: A. Budget Schedule 6.NEW BUSINESS: Lake Elmo City Council Agenda August 2, 2006 Page 2 7.MAINTENANCE/PARK/F'IRE/BUILDING: A. Parks Dept. (1)Parks Plan Consultant Selection— Resolution No.2006-079 8. CITY ENGINEER'S REPORT: Tom Prew A.Easement for Northern Watermain: verbal update 9. PLANNING,LAND USE&ZONING: C. Dillerud A. Resolution 2006-076, Garage Forward of Principal Structure,5487 Jamaca Avenue B. C&C North American: Site Plan— Resolution No.2006-077, Shoreland Variance- Resolution No.2006-078 10. CITY ATTORNEY'S REPORT: 11, CITY ADMINISTRATOR'S REPORT: M. Rafferty 12. CITY COUNCIL REPORTS: A. Mayor Johnston B. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith August 9, 7 p.m. CIC Meeting 1sr ®RAFT CITY OF LAKE ELMO CITY COUNCIL MEETING JULY 18,2006 1. AGENDA 2. MINUTES: June 5,2006 3. PUBLIC INQUIRIES/INFORMATIONAL: A. PUBLIC INQUIRIES: 1. Heart of America,Tom Metzger,Chief Operating Officer(Addition) 2. HuffN'Puff Proclamation,Non-Intoxicating Liquor License,Lake Elmo Jaycees: 3. Request for$200.00 contribution for Boating Restriction Sign at Lake DeMontreville Public Access—TriLakes Association/D Montreville—Olsen Lake Owners: 4. Overflow Parking at Boat Landings B. PUBLIC INFORMATIONAL: 4. CONSENT AGENDA: '``"' A. (1). Resolution No. 2006-066: Approving Ca '9 (2). Resolution No. 2006-067: Approving. im � B. Monthly Operating Budget gi-00' ' C. Escrow Reduction for Tapestry `A D. Reschedule Council Workshop to September 13,2006` E. MN Partnership Contract 5. FINANCE: y 6. NEW BUSINESS: �. : 7. MAINTENANCE/PARK/FIRE/BUXBDING: A. Building;Dept.Updates 'Building O :: . McNamara amara B. Fire Dept.Update: Chid alim' qui 8. CITY ENGLNEER',S R-OORT�,�, A. Authorizatic� Zo11i ater lrAodeling Study B. Lateral Charges for Phases and TI Water Interconnect C. Warning Sirens, ; D. 2006 Overlays.''Resolut-AE No.2006-068,Approve Plans & Specifications, Order Advertisement for=1118- c E. 2006 MSA Resurfacing: Resolution No.2006-069, Ordering Improvement F. Northern Watermain Easement Acquisition--verbal update G. Resolution No.2006-072: Change Order No. 1 Water System Interconnect Phase IV&Partial Payment No. 3 for same project 9. PLANNING,LAND USE&ZONING: A. Lake Elmo Inn Event Center—Section 520 Site Plan and Zoning Variances: Resolution No.2006-070 B. Apostolic Bible Church Site - Comprehensive Plan Amendment and Rezoning: Resolution and Ordinance (postponed) C. Home Office/Home Base Business Ordinances(postponed) D. Park Meadows—Extension of Final Plat: Resolution No. 2006-071 E. Park and Ride LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006 1 IST DRAFT F. Accessory nuil in/AG—/oninE Interpretation (postponed) Iƒ CITY ATTORN S REPORT: . l/ CITY ADMINISTRATOR'S REPORT: 12 CITY COUNCIL BUSINESS AND REPORTS: , RESCHEDULED COUNCEL NEFTINU TO: Wednesday, k5ggru»2 200% 7d m. 3 : 4xx y........ � h LAKE ELMO CITY COUNCIL MINUTES JUL 5, 200 2 ,IST DRAFT Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council Chambers. COUNCIL MEMBERS PRESENT: Johnson, Smith, and Conlin. STAFF PRESENT: City Administrator Rafferty, City Planner Dillerud,Finance Director Bouthilet,Building Official McNamara,Fire Chief Malmquist, City Engineer Prew, City Attorney Filla, and Recording Secretary Freeman. Pledge of Allegiance 1. AGENDA: Additions: Public Inquiries: Torn Metzger,Heart of America, Chief Operating Officer; 3A(4): Change date of Council meeting; Removals: a . 9(C)Home Office/Home Based Business Ordinance; 9(E) Zoning ordinance Text Interpretation—Accessory Building; MIS/P Johnson/Conlin—to approve the July 18,2006, (; Council Agenda as amended. (Motion passed 4-0) 2. MINUTES: " ' M/S/P Johnson/Smith—to approve the July 5.2006, CY ' ouncil Minutes as amended. (Motion passed 3-0:1 Conlin-Abstained, di Mt attend meeting) 3. PUBLIC IN UHUES/INFORMATION L: , A. Public Inquiries_ ' (1) Tom Metz er, of Heart of 2 eric Chief Operating Officer (Addition): Thomas Metzger, Chief Opd&ng Of!00,1111111 d E nnis Cox, of Heart of America apologized to the residents of Lake Elmo for 1ht he called"an inappropriate activity" in the Machine Shed p jot ovear the July 8`h weekend. Mr. Metzger told the Council there are R 9 'shine Shed..Restaurants owned by Heart of America and the AW owners consider<all`;of them to Be'-family restaurants. He said that the boxing/fighting activity that took place in the parking lot was not acceptable to the owners, and will never occur ag ,. \' ` City Administrator Rafferty`advised the Council that he has requested the City Attorney to review City ordinances to be sure the City has a specific ordinance prohibiting such events from occurring in the City. The review/results will be brought to the August 12, 2006, Council Workshop. (1) Huff N Puff Proclamation,Non-Intoxicating Liquor License: Lake Elmo Jaycees_ The Lake Elmo Jaycees,represented by Ms. Ann Suckow,requested the Council to proclaim August 10-13, 2006, the 31e Anniversary of Huff Puff Days to be the official City celebration for 2006 and urged all citizens of our community to give full regard to the past and continuing services of the Lake Elmo Jaycees. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006 3 1sT DRAFT M/S/P Smith/Johnson—to proclaim August 10-13,2006,Huff'N'Puff Days, and to approve the on-sale non-intoxicating malt liquor license for this annual festival based on approval of the Washington County Sheriff,to waiving the fees for the liquor license and for the ball field lights. (Motion passed 4-0) (2)Request for$200.00 contribution for Boating Restriction Sign at Lake Demontreville Public Access—TriLakes Association/DeMontreville—Olsen Lake Owners: Patrick Dean, 8028 North Hill Trail,requested the Council provide for a$200.00 contribution to bridge the financial gap between the cost of the new sign and funds raised by the.Association toward the purchase of new sign. The City Administrator stated the replacement sign would be a good addition to the area, as more prominent information to the public about the City's requ ;ements. M/S/P Conlin/Johnston—to authorize participation and payment of$200.00 contribution toward the Public Access Boating Restriction Sign at the Lake I36montreville public access. (Motion passed 4-0) (3) Overflow Parking at Boat Landings s' The Tri-Lakes Improvement Association requested'` } GE ''s assistance in controlling excessive use of the water bodies in the Tri Lakes area The major concerns were the problems arising from the overflow parkm ark City park"lari and public streets around the public access which has resulted in increased boat traffic�6 the Tri-Lakes water bodies. Y Council requested that Staff dra{ an ordux nce i't regards to increased fines for parking violations as a measure to di`svuxage. 1cce parking outside to the DNR parking lot at the access and return to the1 ug`ust 2,2ll€#'6, City Council meeting. �. `.<< . B. Public lnfon & onal Resident Jeanne O'Neill,moved to discussion under Item 8E 4. CONSENT AGENDA: ' A(1). Resolution No. 2006-066: M/S/P Smith/Johnson—to adopt Resolution No.2006-066, approving Claim Numbers 335,336,DD799 through DD821,29336 through 29356,were used for Staff Payroll dated July 6,2006;claims 337,29357 through 29419,in the total amount of$206,460.37. (Motion passed 4-0) A(2). Resolution No.2006-067: M/S/P Smith/Conlin—to adopt Resolution No. 2006-067, approving Claim No. 29420, in the total amount of$270.00. (Motion passed 3-0:1 Johnson abstained) B. Monthly Operating Report: M/S/P Smith/Johnson --to accept the June 2006 Monthly Operating Report. (Motion passed 4-0) LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006 4 I"DRAFT C. Escrow Reduction for Tapega: City Engineer Prew requested an Escrow Reduction for Tapestry from$2,530,287.50 to $168,750.00, as presented in his Memo dated July 13,2006. M/S/P Smith/Johnson—to approve the Escrow Reduction for Tapestry from $2,530,287.50 to $168,750.00. (Motion passed 4-0) D. Reschedule Council Workshop to September 13,2006: Staff requested rescheduling of the regular Council Workshop meeting of September 12, 2006, due to State Primary on Tuesday, September 12,2006. M/S/P Smith/Johnson—to approve changing the September 12,2006, Council Workshop meeting to September 13, 2006. (Motion passed 4-0) E. State of Minnesota Partnership Contract: 3` The Public Works Superintendent has determined that pur., smgeet signs, etc., h thou savings. 6 t MnDOT would result in substantial savin T asked' at the City enter t .:,. into a Partnership Contract in order to take advaatag (bulk sign purchasing. M/S/P Smith/Johnson—to authorize the Mayor on b6 alf. f the City to sign The State of Minnesota Partnership Contract regarding traff c sign phasing. (Motion passed 4-0) 5. FIN ANCE• None -------------- 6. NEW BUSINESS: ' A. MnDOT Communi Raclside'Iandsca`> h Partnershi Pro am: Council Member Smith repotd that she has heexi coordinating the City application for a grant from MnDOT to plant tfE&,o&,tighway``���from Marquess to 50'' Street. She noted that the grant must be,pe ved b July 31,2006,and requested City staff assistance to complete the application. City Admitustratar Rafferty said that City staff will do so without any furdi6 direction from the Council. 7. MAINTENANCEIF�IRE/BUILDING: A. Update on Building Dept.: Jim McNamara Building Official McNamara commented that construction was slower than expected for the month of June. He also reminded residents that private septic systems need to be pumped every two years, and that garage floor drains are illegal with any type of septic systems. City Planner Dillerud stated that even with residential construction down,Building Dept. revenue was on track with budget projections because of all of the commercial construction in the City this year. B. Fire Dept. Update: Chief Malmquist Fire Chief Malmquist recommended the promotion of Fire Fighters Steve Rutkowski and Dan LeVasseur to Captain positions. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006 5 1ST DRAFT The Fire Chief informed the residents that if they would like to have the Dept.participate in their neighborhood National Night Out to please contact him at 651-770-5006. The Fire Dept. will also beyarticipating in"Firefighter Day"at the Washington County Fair on Saturday,August 5 from 10 am-6 pm, and Lake Elmo will be there from noon- 2. The Dept. will once again be having their annual Pancake Breakfast during Huff n Puff Days. Pancakes will be served from 8-noon on August 12-13,at Station#1. The Fire Dept is currently looking for daytime firefighters,primarily at Station#1 (downtown). If parties are available and interested,he encouraged potential applicants to call the Dept. The Lake Elmo Fire Explorers have been training for, and will be participating in a competition at the state fair on August 25th. He suggested that any youths interested in this program should contact station#1.They meet on Sunday evenings and learn the skills to be a firefighter. M/S/P Johnson/Smith—to approve the promotion of Steve Rutivski and Dan LeVasseur to Captain. (Motion passed 4-0 8. CITY ENGLNEER'S REPORT: : , ,a A. Authorization for Professional Services: Grouodwat 'Ddeling and Municipal Well Siting: :. .. _ City Engineer Prow informed Council the water supply:report is not yet done. It calls for an additional 3 wells(sites not yet known) ss es of cofif6minated water make locating new wells difficult. The modeling will include a two, step process: first, determine areas not suitable to drill, and second,how groundwater movements will affect the aquifers with respect to Lake Jane Landfill groundwater contamination. t M/S/P Smith/Johnson—to au# orize tla .Groundwater Modeling and Municipal Well Siting project,per letter from 'dated July 14,2006. (Motion passed 4-0) 0 . B. Lateral Charges for water sAf6rn Interconnect Phase I and II: City Engineer Prew'presented the.Lateral Benefits Worksheets for Phases I and 11 of the Water System Interconnect Proj.. The lateral charges would only be applied to property owners when they decLded to use the public water supply,with the amount being adjusted for inflation over#arise. Discussion followed with the City Attorney regarding a proposed ordinance to formalize the proposed lateral charges. It was the consensus of the City Council that the ordinance required additional information and requested staff and the City Attorney to bring the ordinance back to the August 2,2006, City Council Meeting. C. Warning Sirens: City Engineer Prew recommended approval of the new warning sirens,with a system which covers the entire community and is up-to-date. He said the City currently has three warning sirens—Cimarron,Old Village and in the Park Reserve. There will be a total of LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006 6 1ST DRAFT eight new sirens installed in phases-three in 2006,three before the 2007 storm season, and the last two later in the year. Quotes have been received for the first phase,and adoption of the Siren Plan was requested. M/S/P Smith/Johnson—to approve the attached Siren Plan, and approving the quotes for the installation of Phase 1. (Motion passed 4-0) D. 2006 Overlays: Resolution No. 2006-068,Approve Plans and Specifications Order Advertisement for Bids: City Engineer Prew informed Council the Plans are complete and ready for bids. He will bring results to the August 2,2006,meeting. Staff recommended being proactive as to scheduling on-going street overlays,which will cost general taxpayers of the City less money in the long ran. A, Council Member Conlin stated she had driven on the roads that B be overlayed by this project and observed vegetation growing through the cracks in the pavement. M/S/P Johnson/Smith—to approve Resolution No. 2.066f 068,ordering. rovements for 2006 Overlays on Irvin Court,Irvin Circle, Isle Avenue,Iv....hurt, and Jamaca Court, Plans and Specifications, and Ordering Advertisem <>f t:...Ids. (Motion passed 4-0) E. 2006 MSA Resurfacing: Resolutionl`To 40.0.06-06 ering Improvements: City Engineer Prew had been requested to father revev 47 Street to see if it could be ,::.::. changed from a rural section street to an urbartze reviewing this with State Aid Rules, Engineer Prew reported tWi etermi the urban section was feasible, but not recommended. €»> �V::. Resident Mark Wahl, 10231 47T`Strget,advise€."the Council that traffic speeding on this roadway was a probland:a straigy to issue speeding citations was needed. Resident Jeanne WNeill, 10133 4:7t' Sheet,requested clarification regarding how the speed problems cou"e addressed. The City Planner stated that,47" Street is a collector road and a State Speed Study would be necessary to change the"speed. It may be determined that a higher speed be recommended. The addition of trees close to the street surface may result in``traffic calming;"but would also narrow the streets to bike and pedestrian traffic and possibly create safety hazards. He advised that in his experience the use of stop signs- particularly"mid block"—to simply slow traffic would be illogical to most motorists and result in the"blowing"of the stop sign and a hazard to pedestrians that rely on a stop sign as a safe measure for crossing the street. He also noted that the use of speed bumps on public roadways to slow traffic would result in liability to the City for vehicle damages, and snowplow damage. The City Administrator and City Engineer informed the residents that two speed trailers will be utilized, and patrolling increased to address speeding on this segment of roadway. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006 7 1"DP-AFT Council Member Conlin suggested requesting Sheriff Pott attend the August 2,2006, Council meeting and provides an update on the road activities for 47th Street. Mayor Johnston said he would be in contact with Sheriff Pott on.Wednesday and discuss the City's request. NVS/P Johnson/Smith—to adopt Resolution No. 2006-069, ordering improvement for the 2006 MSA, on 45"' Street,Julep Avenue and 47t' Street Resurfacing. (Motion passed 4-0) F. Northern Watermain Easement Acquisition Update: verbal City Engineer Prew informed Council the project preparations are progressing, and no appraisals have been received yet He will have a report at the August 2,2006, Council meeting. G. Resolution No. 2006-072: Chan. e Order No. 1 Water Syslesn Interconnect Phase IV &Partial Payment No. 3 to Ellingson Drainage: City Engineer Prew informed the Council that Prairie Ridges()ffi6 Perk has requested City water, due to contamination issues. The City will pafor one of the three requested interconnects,with the additional costs of the other tw. assessed back to the owner. M/S/P Smith/Conlin—to adopt Resolution No 2002 x; uth Partial payment forozng Water System Interconnect- Phase IV, Certificate No ' and approve Charge Order No. 1,to Ellingson Drainage in the amount of$r0.17. cation passed 4-0) 9. PLANNING,LAND USE & ZONING: A. Lake Elmo Inn Event Center L ction 520 Site Plan and Zoning Variances; Resolution No. 2006-070 w The City Planner reported ththe Pl ng:; omtriission conducted a Public Hearing and unanimously adopted a recoznr �1don to approve the Section 520 Site Plan and zoning variances to enable axn off'1,800 square fee and significant site improvements to the former VFW Him. Concerns were expressed with t GB zoning/Village Plan conflict,but both the City Planner and the Planning Corn�ntssion were supportive of the applicant's efforts to incorporate the probable Village Area design therne in his plans for site renovation as the first step to realize the nei;Nillage area. M/S/P Smith/Johnston—to approve Resolution No. 2006-070, approving a Section 520 Site Plan and zoning ordinance variances for an addition to and site improvements at 3712 Layton Avenue per plans staff dated July 5, 2006,based on the Findings and Conditions recommended by the Planning Commission. (Motion passed 4-0) B. Apostolic Bible Church Site—Comprehensive Site Plan Amendment and Rezoning.Resolution and Ordinance postponed: The City Planner said he had been previously directed by Council to initiate application to reclassify and rezone this site from PF to RAD/RR since it has been 17 years since the site was changed to PF for a church,and the church was still not constructed. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006 8 1ST DRAFT Pastor Michael Friend requested that the zoning remain as it was changed to in 1989 (PF),and explained the circumstances regarding the church building delay. Council discussions determined that since there was no sense of urgency,the Pastor be allowed to return in 30 days, when a full Council is present to hear the church's plans. M/S/P Smith/Johnson--to table Resolution No. 2006-071, and Ordinance 97-176,and bring back to the August 18,2006, City Council meeting. (Motion passed 4-0) C. Home Office/Home Based Business: Ordinances postponed: M/S/P Johnson/Johnston—to direct Staff to bring back after Litigation is resolved. (Motion passed 4-0) D. Park Meadows—Extension of Final Plat.Resolution 200. 1: The City Planner informed City Council that the developer of ;Park Meadows subdivision failed to record the Final document with the 12 ays prescribed by the Subdivision Ordinance,and therefore the City's approv �othe plat1114,expired. He noted that Staff is convinced this was merely an ovezght on the part ofe developer and recommended adoption of the Resolution,the msuruz continue compliance with the City Code. M/S/P Conlin/Johnson—to adopt Resoluti- � *:.,2006-0' Ii re-approving the Final Plat of the Park Meadows Plat. (Motion passed` 41--i-0) `">> E. Park and Ride: The City Planner requested direction fro"_ Co ` about the Keats Avenue Park&Ridelocation. He reported that a 14otion dzr to continue discussions with Metro Transit regarding the proposal failed to pass earlier Council meeting. The matter was again discussed at.the'July 11,2006, Council Workshop session,and staff was asked to place the matter an the AA:-Council agenda to be again considered. M/S/P Johnston/Jahnson—to direct Staff to continue discussions with Met Council regarding the Metro Transit proposal to construct a Park&Ride in Lake Elmo seeking additional information, Ad various options that could potentially make such a facility more acceptable to the City. (Motion 4-0) F. Accessory Building in AG—Zoning Inte etation: M/S/P Johnson/Johnston—to direct Staff to bring back after Litigation is resolved. (Motion passed 4-0) 10. CITY ATTORNEY'S REPORT: Litigation was scheduled for Wednesday at 1:00 p.m. 11. CITY ADMINISTRATOR'S REPORT: None 12. CITY COUNCIL BUSINESS AND REPORTS: LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006 9 I ST DRAFT A. Mayor Johnston will be representing the City at the Groundbreaking Ceremonies for Rasmussen College on Wednesday,July 19,2006. B. Council Member Conlin: None C. Council Member DeLapp: Absent D. Council Member Johnson: None E. Council Member Smith thanked Mike Bouthilet,Parks Supt. and staff for their hard work at the Carriage Park. Everything was looking nice. ---------- REMINDER: Rescheduled Council Meeting: Wednesday, 2, 2006, 7:00 p.m. 1110, .......... Meeting ---------- Adjourned at 9:40 p.m. ........... Resolution No. 2006-066: Approved Resolution No. 2006-067: Approved Clain]11,1111;, Resolution No. 2006-068.- 2006 Overlays, Approved............ 0&Specs, Ordered 1 Advertisement for Bids Resolution No. 2006-069: 20QASA' sutfa8i�ill&g, Ordering Improvement lm0:!.::1nH`b\*.. 4 Resolution No. 2006-070- h,---Hn---.2k---eE -q1'--',,::,'...ent.Center-Section 520 Site Plan and Zoning Variances Resolution No. 2006 . ........ Mdows—Extension of Final Plat Resolution No. 20004072: C+—l"Me Order No. I Water Systems Interconnect Phase IV & Partial Payment N.U. .......... .......... .......... .................... .................... .......... LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006 10 APPROVED AS AMENDED JULY 18, 2006 CITY OF LADE ELMO CITY COUNCIL MEETING JULY 5,2006 L AGENDA 2. MINUTES: June 20, 2006 3. PUBLIC INQUIRIES/INFORMATIONAL: A. PUBLIC INFORMATIONAL: None B. PUBLIC INQUIRIES: 4. CONSENT AGENDA: A. Resolution No. 2006-062: Approving Claims B. Union Pacific Pipeline Crossing Agreement C. National.Night Out (Addition) 5. FINANCE: A. Water Hook-Up Fees (Addition) 6. NEW BUSINESS: None 7. wiNTENANCE/PARK/FIR.EBUILDING: None 8. CITY ENGINEER'S REPORT: A. PUBLIC HEARING: 2006 Overlays; Order Plans and Specifications: Resolution No.2006-063 B. PUBLIC HEARING: 2006 MSA Resurfacing, Order Plans and Specifications: Resolution No. 2006-064 C. Easement for Northern Watermain: verbal update D. Approve Plans for Eagle Point Blvd.: Resolution No. 2006-065 E. Water Tower Project Update (Addition) 9. PLANNING, LAND USE&ZONING: A. Zoning Ordinance Text Interpretation—Accessory Buildings in AG B. Hidden Meadows 2�d Addition Final Plat and Development Agreement: Resolution No. 2006-066(Removed) C. HOA 2nd Addition Final Plat and Development Agreement: Resolution 2006-067 10. CITY ATTORNEY'S REPORT: None 11. CITY ADMINISTRATOR'S REPORT: None 12. CITY COUNCIL REPORTS: A. Mayor Johnston B. Council Member Conlin: Absent C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith 13. CLOSED MEETING: Legal Update LAKE ELMO CITY COUNCIL MINUTES JULY 6,2006 1 APPROVED AS AMENDED JULY 18, 2006 Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council Chambers. COUNCIL MEMBERS PRESENT: Johnson, Smith, and DeLapp. STAFF PRESENT: City Planner Dillerud, Finance Director Bouthilet, City Engineer Prew, City Attorney Filla, and Recording Secretary Freeman. Pledge of Allegiance L AGENDA: Additions: 3C: National Night Out; 5A: Water Hook-Up Fees; 8E: Water Tower Project Update. Removals: 9B: Hidden Meadows 2nd Addition Final Plat and Development Agreement. M/S/P Johnson/Smith—to approve the July 5, 2006 City Council Agenda amended. (Motion passed 4-0) 2. MINUTES: M/S/P Johnson/Smith—to approve the June 20, 2006, City Council Minutes as amended. (Motion passed 4-0) 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Informational: The City Planner introduced the new Assistant Planner, Kelli Matzek, to City Council, B. Public Inquiries: None C. National Night Out: Council Member Johnson reminded the Council that National Night Out is August 1, 2006, which is also a regularly scheduled City Council meeting night. She suggested that the regular Council meeting of August 1, 2006, be changed to August 2, 2006, so the City Council and its residents may participate. She noted that as the City of Lake Elmo grows, this program is very important for neighborhoods and communities. M/S/P Johnson/Smith—to approve changing the August 1, 2006, Council Meeting to Wednesday, August 2, 2006. (Motion passed 4-0) 4. CONSENT AGENDA: A. Resolution No. 2006-062: Approving Claims M/S/P DeLapp/Johnson—to adopt Resolution No. 2006-062 approving Claim Numbers 332, 333, DD798, 29276 through 29292, were used for Staff Payroll dated June 22, 2006; Claims 334, 29293 through 29335, in the total amount of$1,074,334.68. (Motion passed 4-0) LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006 2 APPROVED AS AMENDED JULY 18, 2006 B. Union Pacific Pipeline Crossing Agreement: M/S/P DeLapp/Johnson—to authorize the Mayor on the behalf of the City to enter into a Pipeline Crossing Agreement with the Union Pacific Railroad for a one time fee of $1,500.00. (Motion passed 4-0) 5. FINANCE: A. Water Hook-Up Charges: Council Member DeLapp questioned whether it was the City's policy to charge additional water lateral charges to residents, in addition to the Water Availability Charge (WAC). The City Planner stated that there are no lateral charges to residents until they choose to connect to City water. He noted that the City will maintain a map that designates what the future lateral charges will be once a resident asks to hook up. Mayor Johnston and Council Member DeLapp said they did not recollect the City deciding to apply water lateral charges. City Engineer Prew said he will review the previous and clarify the Council's policy on WAC and water lateral fees. He will report to City Council at the July 18, 2006, Council j meeting. 9 Mayor Johnston suggested further discussion at the Council Workshop on Tuesday, July 11, 2006, and return with additional information at the July 18, 2006, Council meeting. 6. NEW BUSINESS: None 7. MAINTENANCE/PARK/FIRE/BUILDING: None 8. CITY ENGINEER'S REPORT: A. PUBLIC HEARING: 2006 Overlays on Irvin Court, Irvin Circle, Isle Avenue Ivy Court and Jamaca Court Resolution No. 2006-063 City Engineer Prew recommended adoption of Resolution No. 2006-063, ordering Plans and Specifications for 2006 Overlays. He said the roads were built in the mid-70's, and routine maintenance is necessary. The Mayor opened the Public Hearing at 7:30 p.m. Resident Tim Carney, 4260 Irvin Court, provided signatures from all the residents of Irvin Court, requesting no improvement be done to Irvin Court. He said the road is fine, other than some curb repair, and they were requesting delaying of the project until water came through. City Engineer Prew stated that water was not to be extended to their street in the foreseeable future. The Pubic Hearing was closed to Public Comment at 7:35 p.m. LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2006 3 APPROVED AS AMENDED JULY 18, 2006 M/S Johnston/Johnson-to approve Resolution No. 2006-063, ordering improvement for 2006 Overlays on Irvin Court, Irvin Circle, Isle Avenue, Ivy Court, and Jamaca Court. No vote. M/S/P Johnson/Johnston—to table the motion to the July 18, 2006, City Council meeting. (Motion passed 3-1: DeLapp-opposed to the project) i M/S/P Smith/Johnson—to reconsider the vote to table the original motion to approve Resolution No. 2006-063. (Motion passed 4-0) Mayor Johnston thereby placed the matter of Resolution No. 2006-063, ordering improvement for 2006 Overlays on Irvin Court, Irvin Circle, Isle Avenue, Ivy Court, and Jamaca Court, back on the table for Council consideration. (Motion passed 4-0) i B. PUBLIC HEARING: Ordering Improvement for 2006 MSA Resurfacing on 45th Street, Julep Avenue, and 47th Street: Resolution 2006-064 City Engineer Prew recommended adoption of Resolution No. 2006-064, ordering improvements for 2006 MSA Resurfacing on 451h Street, Julep Avenue and 47th Street, The Mayor opened the Public Hearing at 8:08 p.m. Resident Bob Johnson, 10323 47th Street, stated he has refused to do anything with 50th Street and Kimbro Avenue, and that this road improvement should have more priority than the project now proposed. He said that there are 4 retired residents on 47th Street and all are against this project. Resident Jeanne O'Neill, 10133 47th Street, requested clarification of AG Preserves and Green Acres assessment waivers. She said she has lived there for 5 years, and does not believe street repairs are needed. The improvement of the road will increase the speed of the vehicles; she doesn't allow her son to even ride his bike there now. Funds should be used elsewhere. Resident Rosalie Wahl, 10231 47th Street, said has lived there for 51 years and doesn't see the need for improvements. Resident Pat O'Neill,10133 47th Street, restated their concerns and said the street is used as a drag racing strip. Resident Mark Wahl, 10231 47th Street, made a suggestion of having speed bumps installed to help slow down traffic. The Public Hearing was closed to Public Comment at 8:19 p.m. Mayor Johnston summarized the following questions: 1) Should we be repairing 50th Street and Kimbro Avenue instead, and/or keep it a gravel road; 2) would the 50th Street and Kimbro Avenue improvement relieve some of the traffic on 451h Street, Julep LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2006 4 APPROVED AS AMENDED JULY 18, 2006 Avenue, and 45t` Street; 3)AG Preserve and Green Acres clarification; 4) specific repairs needed on 45th Street and Julep Avenue? City Engineer Prew informed Council the streets are 20 years old,and maintenance is recommended. Making the driving lanes narrower—as proposed by the project—will help slow down traffic some. Consensus of the Council to direct Staff to work with Washington County Sheriff department and to also use speed trailers to monitor the speed on 47u, Street due to the concerns citizens addressed with this stretch of road becoming a race track. M/S/P Johnston/Smith—to return to the July 18,2006, Council meeting for further discussion of Resolution No. 2006-064,ordering improvement for 2006 MSA Resurfacing on 45 h Street, Julep Avenue, and 47t' Street. (Motion passed 4-0) C. Easement for Northern Watermain: City Engineer Prew informed the Council that they are waiting for appraisals of easements. D. A rove Plans for Ea le Point Boulevard—Resolution No. 2006-064: City Engineer Prew recommended adoption of Resolution No. 2006-064, approving Plans and Specifications for Eagle Point Boulevard, south of Hudson Blvd. M/S/P Johnson/Smith—to approve Resolution No. 2006-064, approving Plans and Specifications for Eagle Point Boulevard. (Motion passed 4-0) F. Water Tower Project: Verbal Update The City Planner informed Council that CB &I Constructors,Inc. informed the City about the water tower being out-of-specification/out-of-tolerance by 4 inches. CB &I has proposed a remedy and solution. The City Engineer recommended hiring an independent national consultant,Tank Industry Consultants,to evaluate the proposals for correction of the deviation. All costs will be covered by CB & 1, Inc., including TKDA. M/S/P DeLapp/Johnston—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 Intemretation—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. LAKE ELMO CITY COUNCIL MINUTES JULY 5,2006 5 APPROVED AS AMENDED JULY 18, 2006 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 R1, 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. M/S/P Johnston/Smith—to reschedule consideration until the July 18, 2006, City Council meeting. (Motion passed 4-0) B. Final Plat and Development Agreement—Hidden Meadows 2nd Addition: Resolution No. 2006-066: (postponed): The City Planner informed the Council that Hidden Meadows Development, LLC (Developer) had requested Hidden Meadows 2nd Addition be withdrawn until the July 18, 2006, Council meeting. C. Final Plat and Development Agreement—HOA 2nd Addition: Resolution No. 2006-065: City Planner presented the Final Plat and DA for HOA 2"d Addition, consisting of 12.6 acres divided into a cul-de-sac street, 2 lots and 1 outlot. M/S/P Johnson/DeLapp—to adopt Resolution No. 2006-065, approving the Final Plat and Development Agreement of the HOA 2nd Addition. (Motion passed 4-0) 10. CITY ATTORNEY'S REPORT: None 11. CITY ADMINISTRATOR'S REPORT: The Assistant City Administrator informed Council that the lawsuit against the City by the I-94 property owners had been dismissed, without prejudice. 12. CITY COUNCIL REPORTS: Mayor Johnston informed the Council that he had attended the LMNC Conference last Thursday. Council Member Conlin -Absent Council Member DeLapp informed Council that he had been at the Regional Art Center, and viewed the artwork. The recycled materials, required to create the art, were very good. Awards were given to all participants. Council Member Johnson attended the July 4th Kids Parade, and hoped all the children had a good time. There were 17 participants for the Recycle Art Contest. Council Member Smith informed Council that the Regional Art Center is offering classes every Thursday night this summer. Classes are for ages 6-14. REMINDER: City Council Workshop on Tuesday, July 11, 2006, at 6:00 p.m. LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2006 6 APPROVED AS AMENDED JULY 18, 2006 13. CLOSLD MEETING: Legal Update: A. Case No. 82-C6-05-006209—City of Lake Elmo vs. Sessiog Pretrial Mediation Council Meeting adjourned at 9:00 p.m. for a Closed Session. Respectfully submitted by Carole Freeman,Recording Secretary Resolution No. 2006-062: Approved Claims Resolution No. 2006-063: 2006 Overlays-Approved Resolution No.2006-063, ordering improvement for 2006 Overlays on Irvin Court,Irvin Circle,Isle Avenue,Ivy Court, and Jamaca Court. Resolution No. 2006-064: Plans for Eagle Point Boulevard Resolution No. 2006-065: HOA 2nd Addition Final Plat&Development Agreement LAKE ELMO CITY COUNCIL. MINUTES JULY 5, 2006 7 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-073 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 338, 339, DD822 through DD834, 29439 through 29454, were used for Staff Payroll dated July 201", 2006; claims 340, 29455 through 29493, in the total amount of$406,796.16 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 2"d day of August, 2006. Dean A. Johnston Mayor ATTEST: Martin J. 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Community Dev Civil Litigation Auto Forfeiture Jan $2,381.27 $3,516.24 $363.00 $1,821.52 $135.00 $8,217.03 Feb $1,364.70 $4,574.62 $572.96 $616.00 $1,997.00 $5.00 $9,130.28 March $1,160.50 $3,682.65 $3,301.50 $381.50 $280.75 $243.00 $9,049,90 April $1,921.11 $3,948.44 $1,887.50 $331.61 $486.00 $121.50 $8,696.16 May $2,186.56 $3,406.51 $586.00 $228.65 $1,768.38 $148.50 $8,324.60 June $1,638.59 $4,415.02 $1,089.03 $429.00 $2,933.28 $780.00 $11,284.92 July $0.00 Aug $0.00 Sept $0.00 Oct $0.00 Nov $0.00 Dec $0.00 Totals $10,652.73 $23,543.48 $7,436.99 $2,349.76 $9,286.93 $1,433.00 $54,702,89 1 7/14/2006 ulte 300 PF--TE S (651)291-8955 50 East Fifth Street /� (651)228-1753 facsimile St.Paul,MN 55101-1197 FR A BERG1 Federal TI ix 11D 044i-001698 1 0 0 6 Page_ 1 CITY OF .I�kKE ELMO 06/30/2006 3800 Laverne Avenue North ACCOUNT NO. 11135M Lake Elmo MN 55042 FEES EXPENSES ADVANCES BALANCE 11135-060003 BERGMANNN TEMPORARY WATERMAIN EASEMENTS 275.00 0.00 0.00 $275.00 11135-920001 Administration 1,353.00 10.59 0.00 $1,363.59 1, 628.00 10.59 0.00 $1, 639-59 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH- PAYMENTS RECEIVED AFTER THE LAST DAB OF THE MONTH WILL BE CIREDMV TO TEE NEXT MONTHS STAT AIENT PLEBE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street 2BERSQN (6511291-8955 St Paul,MTV 55101.1197 (651)228-1753 facsimile l J Federal Tax 1D#41-0991098' CITY OF LAKE ELM Page: 1Q 06/30/2006 3800 Laverne Avenue North ACCOUNT NO_ 11140M Take Elmo MN 55042 FEES EXPENSES ADVANCES BALANCE 11140-030001 Misc Prosecutions 3,772.50 41.52 0.00 $3,814.02 11140-050108 Griebler, James Leo domestic assault 240.00 0.00 0.00 $240.00 11140-060010 Wilson, Thomas JOhn DAS 0. 00 0.00 0.00 $O.flfl 11140-060023 Antunes, Filiberto domestic assault 0.00 0.00 39.00 $39.00 11140-060029 Zawieruszyski, Agnieszka DAS, no front license plate 30.00 0.00 0.00 $30.00 11140-060055 Olson, Michael John test refusal, 2nd degree DUI 5.00 0.00 0.00 $5.00 11140-060056 Griebler, James 0.00 0.00 22.00 $22.00 11140-060091 Durkopp, Shane Gray test refusal, 4th degree DUI 5.00 0.00 0.00 $5.00 THIS STATEMENT IS AGUE AND PAYABLE TO THE END OF TBE l ®@H. PAYMEAMS RECEIVED AFTER'%'ISME LAST DAY OF THE FdM1FdTH WKD.D.,BE CREDITED TO THE NEXT 161€BP1IWS STATEMENT PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 PETERSON (65I)29I MN -8955 50)Past E Street FRW&�� � (651)228-1753 facsimile St Paul,hMI 55 101-1 i 97 Federal Tax ID#.41-099 1 098 CITY OF LAKE ELivlo Page: 2 06/30/2006 ACCOUNT NO. 11140M FEES EXPENSES ADVANCES BALANCE 11140-060107 Burrell, Tara Marie 4th degree DUx 5.00 0. 00 0.00 $5. 00 11140-060109 Bauer, Shaun Arthur GM--DAC-IPS 10.00 0.00 0.00 $10. 00 11140-060111 Kluck, Matthew John DAS S.00 0.00 0.00 $5. 00 11140-060113 Brandstrom. Sean DAS 5.00 0.00 0.00 $5.00 11140-060117 Tulloch, Scott Wayne 4th degree DUI, 4th degree .10 5.00 0.00 0.00 $5.00 11140-060118 Cunningham, Patricia fail to yield to stop sign 5.00 0.00 0.00 $5.00 11140-060119 Hoggarth, Todd Richard GM-test refusal, 3rd degree DUI 10.00 0.00 0.00 $10.00 11140-060120 Weber, Kelly Marie GM-test refusal 10.00 0.00 0.00 $10.00 11140-060123 Gatluak, Chol W. false info to police 10.00 0.00 0.00 $10.00 'I`F9S STATEMENT IS DUE AND PAYABLE TO TRE END OF TIRE moPd'Y'& PAydNE1QF'11'S 1EC11IVED k FTE7#i r LAST DAY OF THE MONTH WI1<,1v BE CREDITED TO THE NEZr MONTHS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT FEERSO Suite 300 t (651)291-8955 5Q Fast Fifth Street (651)228-1753 facsimile Patel.tel.MN 55101-1197 Federal Tax 1©#4 1-099 1 099 Page: 3 CITY OF LAKE ELMO 06/30/2006 ACCOUNT NO. 11140M FEES EXPENSES ADVANCES BALANCE 11140-060124 Nolan, Jolene Anne 4th degree DUI, speed 5.00 0.00 0.00 $5.00 11140-060125 W?cklund, David Kurtis 911 interference, domestic assault, assault, doc 85.00 0.00 0.00 $85. 00 11140-060126 Peper, Jamie Robert 2nd degree Test refusal 75.00 0.00 0.00 $75.00 11140--060127 Novak, Sandra Kay 2nd degree DUI 10.00 0.00 0.00 $10. 00 11140-060128 Hardy, Kelly Lee assault 5.00 0.00 0.00 $5.00 11140-060130 Boggess, Mark Allen 2nd degree DUI 10.00 0.00 0.00 $10. 00 11140-060132 Miranda, Rudolph M. DAS, no insurance 5.00 0.00 0.00 $5.00 4,312.50 41.52 61.00 $4, 415.02 TMS STATTJKENT IS DUE AND PAXAB.E TO THE ENID OF THE MONTH- PAYMENTS REC NED AF='T': 1`AS r ffiR)ky OF THE fa ON M VM.L BE CIZEID4TED TO THE NEXT it ONTWS STATEMENT. PLEASE RETURN SALVE COPS" OF STATEMENT WITH PALYMEN . Suite 300 PU.ERSCN (651)291-8955 50 East Fifth Street (651)228-1753 facsimile St.Paul,MN 55101-1197 FRNM&BERGMAN Federal Tax 1D#41-0993098 n ® n a Paae: 1 CITY OF LAKE ELMO 06/30/2006 3800 LAVERNE AVENUE NORTH ACCOUNT NO. 11145i4 LAKE ELMO MN 55042 FEES EXPENSES ADVANCES BALANCE 11145-040003 WATER SYSTEMS CONNECTION 909.50 3-53 0.00 $913.03 11143-050002 CENTRAL WATER TOWER 176.00 0.00 0.00 $176.00 11145-050004 3M GRAND/TABLYN PARK WATER MAIN 0.00 0.00 0.00 $0.00 1,085.50 3.53 0. 00 $1,089.03 THIS EFA4FiLi--'N T 45 Dim AND PAYABLE TO THE,END OF THE MONTH. PANF MEN'T'S RECEIVED AFIMR THE LASQ T DAY OF THE MONTH MfILL BE CREDITED TO f I$E NEXT M®N'FWS STATEMENT. PLEASE RETURN URN ONE COPY OF STATEMENT WITH PA"IE T- + Is-.ite 300 E-T (651)291-8955 50 East Fifth Street (651)22&1753 facsimile, St.Paul,MN 55101-1197 Federal Tax iD w-0 i ow Page: 1 CITY OF LAKE ELMO 06/30/2006 3800 Laverne Avenue North ACCOUNT NO. 1115om Lake Elmo MN 55042 FEES EXPENSES ADVANCES BALANCE 11150-060003 HIDDEN MEADOWS - PRELIMINARY PLAT 209.00 0.00 0.00 $209.00 11150-060004 EAGLE POINT BUSINESS PARK SEVENTH ADDITION 66.00 0.00 0.00 $66.00 11150-060006 R.J. RYAN CONSTRUCTION SITE PLAN OFFICE-SHOWROOM 44.00 0.00 0.00 $44.00 11150-060007 LE INN EVENT CENTER - SITE PLAN V_A_RIANCES 44.00 0.00 0.00 $44.00 11150-990006 Carriage Homes Development 66.00 0.00 0.00 $66.00 429.00 0.00 0.00 $429.00 TEUS STATEMENT 15 DUE AND PAYABLE TO TkM END OF THE MOO' . p)kyMENrS RECEEiTE1D AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT ¢)•Ie TH'&S x AE'EMENT- PLEME RETURN ONE COPS' OF STATEMENT WITH PAYMENT. .euite 300 _ f6511 291-8955 50 St.Pau 0 Fifth 1t 1197 F' - BE GU FederallTax ID#41-0991n ile l,MN S098 0 6 0 9 Page: 1 CITY OF TAKE ELMO 06/30/2006 3800 LAVERNE AVENUE NORTH ACCOUNT NO. 11155M LAKE ELMO MN 55042 FEES EXPENSES ADVANCES BALANCE 11155-040002 Lake Elmo n. Sessing 2,677.50 5.78 250.00 $2, 933.28 THIS STATEMENT 19 DUE AND PAYABLE TO THE END OF THE IVCfL141TH. PAyM.EN II S REECEWED AFTER THE LAST DAY OF THE 14 OWK WELL L BE CREDITED TO THE NEXT M®PPS H'S S'IIATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. r Sui 0R (651)291-8955 st mfth StreetPTERS (651)228-1753 farsim€le St.Paul,MN 551 01-1 1 97 W 'eBERGMAN federal Tax ID#4€•0991098 • .e a a t Pave: 1 CITY OF LAKE ELMO 06/30/2006 3800 LAVERNE AVENUE NORTH ACCOUNT NO. 11161M LAKE ELMO MN 55042 FEES EXPENSES ADVANCES BALANCE 11161-060003 Olson, Michael John vehicle forfeiture 770.00 0.00 0.00 $770.00 11161-060004 Peper, Jamie Robert vehicle forfeiture 5.00 0.00 0.00 $5. 00 11161-060005 Novak, Sandra Kay vehicle forfeiture 5.00 0.00 0.00 $5.00 780.00 0.00 0.00 $760.00 TFUS S TPLTEME€e1T IS JDM AND PAYABLE TO THE END OF THE MONTH. IAA'VWM- 'TS RECEIVED AFTER THE LAST DAY OF THE MONTH®l aj,BE cnED)<•rEv To TIDE NExT m4bP1T`wS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENM iB TJV.'6".DA ENGINEERS•ARCHITECTS•PLANNERS 1500 Piper Jaff ray Plaza 444 Cedar Street Saint Paul,MN 55101-2140 (651)292-4400 (651)292-0083 Fax www.tkda.com July 28, 2006 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: Park Construction Requests before City Council Tablyn Park/Lake Elmo Heights Watermain Extension City of Lake Elmo, Minnesota TKDA Project No. 13524.000 Dear Mayor and City Council: Park Construction has requested to appear before the City Council to discuss our decision to deny a claim they have made. Although anybody is free to discuss any issue with the City Council at a public meeting, we would like to remind you that there is a method to resolve disputes contained within the contract. That method should be allowed to take its proper course. Sincerely, Thomas D. Prew, P.E. City Engineer TDP:cme An Employee Owned Company Promoting Affirmative Action and Equal Opportunity - R EMI TKDA JUI4. ENGINEERS•ARCHITECTS•PLANNERS 1500 Piper Wray Plaza 444 Cedar Street Saint Paul,MN 55101-2140 July 26,2006 (651)292-4400 (651)292-0063 Fax www.tkda.com Mr.Mark Allen Park Construction Company 500 73rd Avenue Northeast,Suite 123 Minneapolis,Minnesota 55432 Re: Directional Boring Extra Costs Tablyn Heights—Watermain Extension City of Lake Elmo,Minnesota TKDA Project No. 13524:000 Dear Mr.Allen: in response to your letter of July 24,2006,we have determined the following: The City has requested that you stop dumping excess drilling fluids on park property located off 26th Street.The specifications designated this area for the stockpiling of reclaimed aggregate material only.No other use of this site was given in the specifications(Section 01010-2.D).The fact that the City allowed the storing of equipment and watermain materials should not have been construed as permission to dump excess drilling fluids there.The fact that your subcontractor continued to dispose of material there,after being specially asked not to dump there,resulted in the enforcement action being taken. The specifications specifically call out that the contractor is responsible for disposal of drilling fluid and spoils (Section 02665-3.08). This is notice that the City does not want ownership, either temporarily or permanently,of these materials. Only the City Council can approve a change order for additional costs on this project.They do not meet again until August 3,2007.You may ask for additional compensation at that time,however, the City staff will not be supporting your request. We will remind you that the completion dates for this project are very important.We would not like to see the project delayed as a result of your misinterpretation of the plans and specifications.If you fail to maintain adequate progress on this project,we will notify your bonding company and terminate this contract for cause. Please call me if you have any questions at 651/292-4463. Thomas D. rew,P. E. Project Manager TDP:cme Enclosure cc: Marty Rafferty Jerry Filla An Employee Owned Company Promoting Affirmative AcYan and Equal Opporwnity 121ECEIVED J Z� ?3 CONSTRUCTION CO. k July 26, 2006 City Council City of Lake Elmo 3800 Laverne Ave Lake Elmo, MN 55042 Re: Tablyn Park-Lake Elmo Heights Watermain Extension TKDA Project No. 13524.000 Park Construction Project Number 0612 Subject: Directional Boring Extra Costs Dear Council Members, On Friday, July 21, 2006, our directional boring contractor, EBI Drilling, Inc, was ordered to cease operations by the City of Lake Elmo. This order was enforced by the Washington County Sheriff s Department and citations issued to both Park Construction Company and EBI for " Nuisance Disposal" in reference to the stockpiling of FBI's drilling mud. Per the Lake Elmo Municipal Code, Section 1335.08:Nuisance Disposal is defined as being "...unlawful to dispose of any liquid or solid wastes when the result of such disposal shall be a nuisance, a source of filth, a cause of obnoxious odors, or a cause of sickness." The order to cease and desist and the citations were issued due to a misunderstanding as to the nature of the work being performed by EBI. There was no disposal of any liquids. The drilling mud was being stockpiled in earthen containment cells as shown in the accompanying photo. These cells are approximately 3'-0 deep, designed to hold up to 2'-0 of drilling mud. This will allow the material to dewater through evaporation and allow for easy disposal of the solids off site as part of our means and methods. This is simply a storage of material in an area designated by the contract documents as a stockpile area. The drilling mud is a betonite product, Bore-Gel manufactured by Baroid Industrial Drilling Products. As contained by the earthen cells,it neither a nuisance nor a source of filth. It has no odors and has no properties that are deleterious to the health of the public. Section 01010.3: Contractor Use of Premises states that "The contractor's operations shall be confined to the areas covered in right-of-way and easements granted to the Owner." The title sheet of the drawings shows a "stockpile site". This stockpile site is the area being used to stockpile the drilling mud as well as the reclaimed Class 5, materials, and equipment. There are no stipulations in the contact documents limiting the use of this area. For the Owner to add restrictions on the use of this stockpile site after the project was awarded is a change in scope. Due to these changes, there will be extra costs incurred by both Park Construction Company and EBI Drilling, Inc. These will include, but are not limited to, a vactor truck(s) and operator, 500-73rd Avenue NE • Suite 123 Telephone 763.786.9800 Minneapolis, MN 55432 - Fax 763.786.2952 Established in 1916 An Equal Opportunity Employer additional hauling, and extra disposal costs. An initial estimate of the additional costs is between $50,000.00 and$200,000.00j. These extra costs will be billed as time and material and a change order for such will be submitted to the Owner. Park Construction Company attempted to discuss this issue in good faith with the Owner before it escalated to this level,but the Owner refused to do so. It therefore behooves the Owner to understand the difference between disposal and stockpile and to realize that any restrictions added after a project is bid and awarded are considered changes. He further needs to rescind the citations'and have all records of such expunged. Park Construction Company would like to have the opportunity to present this issue to the Council and reach an agreement beneficial to all parties. If you have any questions, do not hesitate to contact us_ Sincerely, ARK CONSTRUCTION COMPANY harc Allen Project Manager 763-717-6208 Direct 612-770-2383 Cell mallen@parkconstnictionco.com 1 J } - - -, n 4 .,-. t' i:. .-... �' - I .." - M aI . > - -j e: 1 fA 1 ' 1 ` y ++ a t ! r Z.'.' S t ¢s d tC r C� t E kr 8 d f p s I 11'. !1 r ! lyy A - Ia�.1 d yf- 4�+ 5 '� t - ''�� - ' 11 f, f _ r %f� 3a '� 1 d� 14�r F fir ':h�11 �r r '+ r.F f - 1 wc� J 1.x {{ tr J d rt Til5 �� r �- elf�, k - ' D. Y { .l r.fir.: '1 a F. ; a `` T' t r d r f r `!!' �s s 1 - '� �� � 3-.SWQ'' i�y'le�Ir 1�3 au -4''-rt �r 1'' " '' C t _ } ray t f :nr�y i s 1- !r -"Mr-''Sj y ;r -. j 1 n t--.:.-:.:;-.,.-:�.-'k - t�M 34j7 2 N F i Zrsty�.Fi fF{�1f't 44 -. itp" s_. _ - e '. f f rf r � - srE�+r + -?'7t a i 2 klx 1 ar,r r _ s, x f - ,Is' t ! T?y of Is T' r i � �IVtpn€1 �-ta ?I r 1 - �Y t, 3,. '� xl'. y1 ,�� 'if' a r Y -t , 1. f3 a, �£'i I+°'r n ,g 4' a fi'A'F. v t I r > �m�,t 1}r td' k" 14 i t2 t11 r - t t.' S tit'' + `� - N=' R ,, s rF',> �7� �� .1 , Fp - 7 f r1. 1 ' S T - - t _ I 1 S } S l -"h 1 y F t .' f }1:' 5 Y -� F - .. ,'�'.. i - - P r .I, 1 Z Y 41 Y + 1 J. I �' f { i o+La a r - - r t_ -i t. ,..x:: l r ai s _ !; .Y.. .A`„. JUL.26_E006 11 59RM EBI NO.767 P.2 10 ' nr'Efmraac. SPCCIALI[STS LAY HOMONTAL DIRECTIONAL DRILLING 5410 F1RMAONI T STREET DULUTH.MN 55807 219-629.0454 PHONE 21&628.0435 FAX July 26,2006 City Council City of Lake Elmo 3800 Lavery Ave. Take Elmo,MNT 55042 RE: Request to be placed on the agenda for the August 2,2006=eting Dear Council: EBI Drilling(EBI)requests to be placed on the agenda for the upcoming August 2;2006 meeting ofthe City Council of Lake Elmo. ESI v4,ishes to present to the City Council,an issue that has arisen with the T'amblyn Parka ake Elmo Heights water main prof eet. EBI has been officially notifb.d that the Stockpile Site as denoted on the plans(see attached)is not available for EBI to utilize during the course of working can the project. EBI bid the project with reference to the informalion contained in the Summary of Work Section 01010 Item 3(Contractor Use ofPremise)where"The contractors operation shall be confined to the areas covered in the rigiat of way and easements granted to the owner"The Stockpile site as noted is part of the easements granted to the Owner. Wirth no access z anted to EBT to use the Stockpile Site the scope of work has signMeautly been altered th=that contained in the Project Specifications and therefor results in a change in the contract condition. This orange in condition is and will result in additional unanticipated costs. A change order for the project will be submitted to the City far approval to cover any/all increases in.costs. ESI would appreciate the opportunity to address the City Council directly regarding this matter. Please call either Terry at(218)522-0040 if you have any questions concerning this request and to let EBI know the agenda for the August 2,2006 meeting. Sincerely, Jaynes R.Warren Office Manager YOUR COMPLETE CONTRACTOR SERVICES COWANY DirwdonW 4riiffrte for sewer,wear&gs mains.Dcmolwm.Wedand ccrvi= 3UL.26.20e6 11:5BAM ETz NO.767 F.3 _ I r GRANT J OPE i PINE I e GRANT AN k { et a dw OAKDALE `� ~pLE �� S-,It �,I. � . � l9sM Yllie -ot k ... k,--- Moo Lake 7 Celled�af5t {�, t•1KA4 f rt LLI 5 M �ttP94 ply nll+qv ■ y soh B ¢ n o PW r. alroae y A[r ry all y lc to '� C "p1p • Y }_ F L 1mrpRc L bx r1 fIDt Ile aR tb � � '� ■ L4kr �r �r*7��y�y���yy��7+ I sam0 t S i OCICL�J.E I Wd Mill.. p ( I S covt% 1 y T Lake vp �• Nora. a�. r r - 0• Y utp Fa C7 QAKDALE ^y_ WOODBURY a o W0005URY I I F- x►s��asr,uN s_ocaoo�ts CI OF L ELMO �a YEiaFY ALi,��� {� DHDERdp,[iLJND t11y11Y L,QCATtOt�AND ELS3M't10i� hLL f19PIACE 1A�1�!- � y N;: 1 fl ic" tc Al2E SHOWN.fdRY NQY'8E SkOWN � r• �� �'� inns SPECIFiCATIOrtit REFERENCE taR ' 9UB� THE 2= EDMON OF THE WINHMM DEPART P;r OF .SRFACE U=Y MRr. M. H THIS PLk= �Pof llcN " Aq'bAlm 3P=rILATmN3 7'OR T MWW rom, t711yTY 4VAV1`(L`YEL4� kT AS Demo p 1N CON U `:AND ALL AMEtiSMMM THPUM, RUICEi.IN�f30RTHE DsplCilpN OF SUPRLRdBNr 5AExIfSGS'V70N5, hNEt 7tIE-SfARp 1171LK1E3 Suesf3RFAGE UflLITT t]ATA`. spELIFlCh710JS FQr^v 9ANtl1Eb SEWER.S IN DMN MID � PRCPffS� 01'TFIECITYTe P Iffmm CNE Gll: s—azo—=-1188 RdLplWM ASS 0WnUN CF MW'AS07� Q MT'$ - Lake Elmo Agenda Section: CONSENT AGENDA No 4B. City Council August 2, 2006 Agenda Item: Request for Meehan Family for an Extension of Time to Record Final Plat Torre Pines was given preliminary plat approval July 1998, and final plat approval for all but three lots in September 1998. The City was informed at that time that Mr. Meehan would continue to live in the existing home on the 10 acres, and that the final plat for these four lots would not be done at this time. The Meehans are requesting another one-year extension. Our code allows for this extension, but requires Council approval on a yearly basis. The staff has no concern with this request and supports the following action. Action Items: Person responsible: Motion: , Second , to grant the Meehan's a one- S. Lumby year extension of the Final Plat of Torre Pines, specifically the parcel now shown as Lot 15. Attachments: Time Allocated: Letter from Meehan Family 740 Marshall Avenue RECEIVED St. Paul, MN 55104 JUL July 15, 2006 Martin Rafferty City Administrator City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Dear Mr. Rafferty, I am writing to you on behalf of my brothers and sisters to request our annual extension of our final plat for the James Meehan property in Lake Elmo. We still have the semi-trailer storage in existence, but it is nearing its final days. Just a few more pieces of landscaping equipment have to be removed and we can take it apart. It is amazing that it is more difficult to remove something than to acquire it in the first place. Sincerely, Patricia Meehan CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-074 A RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2006 PRIMARY AND GENERAL ELECTION WHEREAS,the City of Lake Elmo is dependent upon and appreciative of citizen assistance for its election process and, WHEREAS,the Lake Elmo 2006 Primary and General Election Judge appointments consists of individuals recommended by the City Clerk with the approval of the majority of the City Council. NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Council do hereby approve the following appointments for the 2006 Primary and General Election Judges and set the wages for their services at $11.00/Hour to the Head Judges, $10.00/Hour Assistant Judges and $9.00/Hour to all other judges. Precinct LJoyce Mehsikomer, Jim Beers, Don Meyer, Audrey Olsen, Betty Herzfeld, Michelle Deziel, Bruce Weeks, Violet Wagoner, Florence Bergloff, Diane Allen, Paul Ryberg, Carol Crimmins, Tom Walker, Gloria Knoblauch, Budd Schneider, Jim Allen Jan Krueger, Jim Roth, Linda Wagner, Vicki Bias Precinct 2: Nancy Hansen, Eloise Evenson, Wil Hirsch, Wendy Loos, Jackie Pierre, Pat O'Donnell, Joseph Dardis, Phyllis Paulson, Karen Meister, Ruth Pallmeyer, Keith Bogut, Barb Holm, June Brogren, Kathy Lohmer, Barb Kiesling, Loren Johnson, Suzanne Haugen, Ginny Johnson, Dick Johnson, Debbie Dean ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS 2ID DAY OF AUGUST, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator L.4D, CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-075 A RESOLUTION AUTHORIZING APPLICATION AND PRIMARY CONTACT PERSON FOR MN/DOT COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM WHEREAS, the City of Lake Elmo will act as the sponsoring unit for the project identified as State Highway 5/Carriage Park Landscaping Project on the state trunk- highway 5 to be conducted during the period August through November. WHEREAS, Anne Smith is hereby authorized to apply to the Minnesota Department of Transportation for funding of this project on behalf of the City of Lake Elmo. ADOPTED BY the Lake Elmo City Council on the 2nd day of August, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator I certify that the above resolution was adopted or approved by the City Council of the City of Lake Elmo on August 2nd. 2006. Signed: (signature) (title) (date) qE , CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-080 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS 2006 MSA RE-SURFACING (45th Street, Julep Avenue and 47`h Street) WHEREAS, the City Engineer has prepared plans and specifications for the 2006 MSA Re-SURFACING (45 Street, Julep Avenue and 47`h Street) and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. Th City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at the September 5, 2006 Council meeting, in the Council chambers of the City Hall, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the clerk for 5% of the amount of such bid. ADOPTED BY THE COUNCIL this 2nd day of August, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator T�D ENGINEERS°ARCHITECTS-PLANNERS 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul,MN 55101.2140 (651)292-4400 (651)292-0083 Fax July 28,2006 www.tkda.com Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: Approve Plans and Specifications 2006 MSA Re-Surfacing City of Lake Elmo, Minnesota TKDA Project No. 13687.000 Dear Mayor and City Council: Plans are complete for the 2006 MSA Re-Surfacing for 45th Street, Julep Avenue, and 47th Street. We will open bids in August and award at the first meeting in September. This work was designed in accordance with the approved Feasibility Report. The work will include reclaiming the existing pavement surface from Jake Jane Trail to Keats Avenue and placing a new bituminous surface. From Keats Avenue to Kimbro Avenue we will be patching and overlaying the street. City Council Action Requested Pass a Resolution approving Plans and Specifications and authorizing the advertisement for bids. Sincerely, Thomas D. Prew, P.E. City Engineer TDP:art An Employee Owned Company Promoting Affirmative Action and Equal Opportunity 2007 Budget Calendar Date Description 6/21/2006 Draft Budget Package Distributed 6/26/2006 Budget Strategy Meeting with Dept. Heads. Budget Package (with Y-T-D expenditures) submitted to Dept. Heads. 7/07/2006 Department Heads to return completed requested Budget Packets 7/12—7/14 Budget review with Dept. Heads, Administrator, Asst. Administrator & Finance Director 7/19/2006 Proposed Budget to Dept. Supervisors for Final Comments 8/08/2006 Workshop with Council Committee-Proposed Budget 8/22/2006 Workshop with Council Committee-Proposed Budget 9/05/2006 Proposed Budget to City Council For Adoption by Resolution & Property Tax Levy 9/13/2006 Proposed Budget (adopted by Resolution) & Proposed Property Tax Levy Certified to the County. Certify Hearing(s) Dates. 11/18/2006* Publication Notice for Truth n Taxation 12/04/2006* Truth n Taxation Hearin 7:OOPM 3800 Laverne Ave (Council Chambers) 12/11/2006* Truth n Taxation Hearing Continuation (If Necessary) 7:OOPM 3800 Laverne Ave (Council Chambers) 12/19/2006* Adopt Final Budget & Certify Levy by Council Resolution 12/27/2006* Final Levy certified to the County & Adopt Final Budget * Tentative Dates. (State & County schedule dates notpublished). 7/27/20 Lake Elmo Agenda Section: Maintenance/Park/Fire/Building No. 8A City Council August 2, 2006 A enda Item: Park Plan System Update-Consultant Selection Background Information for August 2, 2006: The Park Commission interviewed 3 consulting firms on July 17, 2006. The Council had been also invited to participate in the interview process. At a Special Park Commission meeting July 25, 2006 the Commission unanimously (of those voting) adopted a recommendation to the City Council that the firm TKDA be contracted to complete the update of the 1990 Park System Plan. The attached Resolution confirms the Commission's recommendation and authorizes the Mayor and City Administrator to execute the appropriate contract for services with TKDA. Person responsible: Action items: cj i .; -) I 1 Motion to adopt Resolution#2006- approving the selection of City lla%ner TKDA as consultant for the Park System Plan Update, and �`" authorizing the Mayor and City Administrator to enter into a contract for services. Attachments: Time Allocated: 1. Draft Resolution#2006 - Note: Proposals of each of the 3 finalist consulting firms have been provided to the Council earlier. CITY OF LAKE ELMO WASHINGTON COUNTY,MINNESOTA RESOLUTION NO. 2006-079 A RESOLUTION APROVING THE SELECITON OF CONSULTANT FOR THE PARK SYSTEM PLAN UPDATE WHEREAS,the City of Lake Elmo sent out invitations to six consulting firms for a proposal for the Park System Plan Update; WHEREAS,on July 17, 2006 the Lake Elmo Park Commission interviewed the three finalists consulting firms; WHEREAS, at a Special Park Commission meeting on July 25,2006,the Commission unanimously adopted a recommendation to the City Council that the firm TKDA be contracted to complete the update of the 1990 Park System Plan. WHEREAS, on August 2,2006,the Lake Elmo City Council confirms the Park Commission's recommendation and authorizes the Mayor and City Administrator to enter into a contract for services with TKDA as consultant for the Park System Plan Update. ADOPTED by the Lake Elmo City Council on August 2na, 2006. Dean A. Jobnston, Mayor ATTEST: Martin J. Rafferty, City Administrator s i1 11135.06-3 01 OFFER TO PURCHASE RIGHT OF ENTRY 1.0 PARTIES. This Agreement is dated the _ day of , 2006 and is entered into by and between the City of Lake Elmo, a Minnesota statutory city (the "City") and Richard Bergman and Eileen Bergman, husband and wife (collectively, "Grantor"). 2.0 RECITALS. A. Grantor is the record fee owner of the following described real property situated in City of Lake Elmo, County Washington, State of Minnesota (the "Property"), to wit. Section 1, Township 29, Range 21, all that part of the Northeast 1/4 of the Northwest 1/4 and all that part of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 1, Township 29, Range 21 described as follows: Commencing at the Northeast corner of said West 1/2; thence South 01 degrees 09 minutes 00 seconds East along the east line of said West 1/2 293.43 feet to its intersection with the southerly right of way of Highway #36; thence South 88 degrees 57 minutes 44 seconds West along said southerly road and west 557.70 feet to the point of beginning; thence South 01 degrees 09 minutes 00 seconds East and parallel with said east line of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 a distance of 360.83 feet; thence South 82 degrees 28 minutes 34 seconds West a distance of 318.69 feet; thence westerly and northwesterly a distance of 333.51 feet along a tangential curve to the right half having a radius of 197.62 feet and center angle of 96 degrees 41 minutes 43 seconds; thence North 00 degrees 49 minutes 38 seconds West, tangential to said curve a distance of 199.75 feet to its intersection of and West of said southerly road and west of 601t' Street North; thence North 88 degrees 57 minutes 44 seconds East along said southerly road and west of 60t' Street North a distance of 535.14 feet to the point of beginning. B. The City wishes to acquire a permanent easement over, under and across the following portion of Grantor's Property (the "Easement Area") in order to construct water main improvements: Insert legal description for easement C. The City has obtained an appraisal of the value of the Easement Area which is attached hereto; and hereby offers to acquire the Easement Area for the City's appraised value, subject to the terms of this Agreement. 3.0 TERMS AND CONDITIONS. In consideration of the mutual undertakings herein expressed, the parties agree: A. Grantor Authorization/Obligations. 1. Grantor hereby authorizes the City, its contractors and employees to enter upon the Property for the purpose of constructing the water main improvement. 2. Grantor shall provide the City with evidence of title for the Property consisting of an abstract of title, a title insurance commitment or other evidence of title satisfactory to the City's attorney. 3. After the City has had an opportunity to review evidence of title and prepare appropriate documents, the Grantor shall execute a permanent water main easement in substantially the form attached as Exhibit A attached (the "Grant of Easement"). B. City Authorization/Obligations._ 1. The City shall examine title as it deems appropriate and shall prepare and record the Grant of Easement at its sole cost. 2. Upon receipt of a properly executed Grant of Easement, the City shall pay Grantor the sum of $6,022.00. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year set forth above. CITY: CITY OF LAKE ELMO By: Dean Johnston Its. Mayor 2 GRANTOR: Richard Bergman Eileen Bergman STATE OF MINNESOTA ) ) COUNTY OF ) On this day of , 2006, before me, a notary public within and for said county, personally appeared Dean Johnston, to me known to be the Mayor of the City of Lake Elmo, and he executed the foregoing instrument and acknowledged that he executed the same by authority of and on behalf of City of Lake Elmo. Notary Public STATE OF MINNESOTA ) } COUNTY OF ) On this _day of , 2006, before me, a notary public within and for said county, personally appeared Richard Bergman and Eileen Bergman, husband and wife, who executed the same of their own free hand and will. Notary Public FF\usensNJaniceVerrytt_E\3ergman Offer to Purchase-Right of Entry.doc 3 EXHIBIT A - DRAFT DO NOT EXECUTE 11135.06-3 01 GRANT OF PERMANENT EASEMENT Richard Bergman and Eileen Bergman, husband and wife ("Grantors") represent that they are the record fee owners of the following described real property situated in Ramsey County, Minnesota (the "Property"), to wit: Section 1, Township 29, Range 21, all that part of the Northeast 1/4 of the Northwest 1/4 and all that part of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 1, Township 29, Range 21 described as follows: Commencing at the Northeast corner of said West 1/z; thence South 01 degrees 09 minutes 00 seconds East along the east line of said West 1/2 293.43 feet to its intersection with the southerly right of way of Highway #36; thence South 88 degrees 57 minutes 44 seconds West along said southerly road and west 557.70 feet to the point of beginning; thence South 01 degrees 09 minutes 00 seconds East and parallel with said east line of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 a distance of 360.83 feet; thence South 82 degrees 28 minutes 34 seconds West a distance of 318.69 feet; thence westerly and northwesterly a distance of 333.51 feet along a tangential curve to the right half having a radius of 197.62 feet and center angle of 96 degrees 41 minutes 43 seconds; thence North 00 degrees 49 minutes 38 seconds West, tangential to said curve a distance of 199.75 feet to its intersection of and West of said southerly road and west of 60tn Street North; thence North 88 degrees 57 minutes 44 seconds East along said southerly road and west of 60" Street North a distance of 535.14 feet to the point of beginning. For valuable consideration, the receipt of which is hereby acknowledged, Grantors hereby convey to the City of Lake Elmo, a Minnesota statutory city, its successors and assigns (the "City"), a permanent easement for the construction, maintenance, operation, inspection and repair of a water main easement and public utilities; together with a permanent easement for ingress and egress, at any and all times, with all machinery, tools, equipment, vehicles and materials necessary for the aforesaid purposes, over, under and across the following described portion of the Property: Insert legal for easement IN WITNESS WHEREOF, the Grantors have hereunto set their hands. Richard Bergman Eileen Bergman STATE OF M I N N ESOTA ) } COUNTY OF ) On this _ day of , 2006, before me, a notary public within and for said county, personally appeared Richard Bergman and Eileen Bergman, husband and wife, who executed the same of their own free hand and will. Notary Public This Instrument was Draft by: Peterson, Fram & Bergman, P.A. Attn: Jerome P. Filla 50 East Fifth Street, Suite 300 St. Paul, Minnesota 55101 (651) 291-8955 F\userst.lanice�Jerry\LElGrant of Easement-Sergman.doc 11135.06-3 02 OFFER TO PURCHASE RIGHT OF ENTRY 1.0 PARTIES. This Agreement is dated the _ day of , 2006 and is entered into by and between the City of Lake Elmo, a Minnesota statutory city (the "City") and Richard Bergman and Eileen Bergman, husband and wife (collectively, "Grantor"). 2.0 RECITALS. A. Grantor is the record fee owner of the following described real property situated in City of Lake Elmo, County Washington, State of Minnesota (the "Property"), to wit: Section 2, Township 29, Range 21, all that part of the West 1/2 of the Northeast 1/4 of Section 2, Township 29 North, Range 21 West, Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of said West 1/2 of the Northeast 1/4 with the southerly right of way line of Minnesota Trunk Highway Number 36 as located and traveled and monumented; thence southerly along said easterly line 760 feet to the point of beginning of the parcel being described; thence westerly and parallel with said southerly right of way line 569.35 feet; thence northerly and parallel with said easterly line 760 feet, more or less, to said southerly right of way line; thence westerly along said southerly right of way line 750.61 feet, more or less, to the westerly line of said West 1/2 of the Northeast I/4; thence southerly along said westerly line 2454.26 feet, more or less, to the southwest corner thereof; thence easterly along the southerly line of said West 1/2 of the Northeast 1/4 1323.73 feet, more or less, to the southeast corner thereof; thence northerly along said easterly line of the West 1/2 of the Northeast 1/4 1695.95 feet, more or less, to the point of beginning. B. The City wishes to acquire a permanent easement over, under and across the following portion of Grantor's Property (the "Easement Area") in order to construct water main improvements: Insert legal description for easement C. The City has obtained an appraisal of the value of the Easement Area which is attached hereto; and hereby offers to acquire the Easement Area for the City's appraised value, subject to the terms of this Agreement. 3.0 TERMS AND CONDITIONS. In consideration of the mutual undertakings herein expressed, the parties agree: A. Grantor Authorization/Obi iRations. 1. Grantor hereby authorizes the City, its contractors and employees to enter upon the Property for the purpose of constructing the water main improvement. 2. Grantor shall provide the City with evidence of title for the Property consisting of an abstract of title, a title insurance commitment or other evidence of title satisfactory to the City's attorney. 3. After the City has had an opportunity to review evidence of title and prepare appropriate documents, the Grantor shall execute a permanent water main easement in substantially the form attached as Exhibit A attached (the "Grant of Easement"). B. City Authorization/Obligations. 1. The City shall examine title as it deems appropriate and shall prepare and record the Grant of Easement at its sole cost. 2. Upon receipt of a properly executed Grant of Easement, the City shall pay Grantor the sum of $20,480.00. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year set forth above. CITY: CITY OF LAKE ELMO By: Dean Johnston Its: Mayor GRANTOR: Richard Bergman 2 Eileen Bergman STATE OF MINNESOTA ) } COUNTY OF } On this day of , 2006, before me, a notary public within and for said county, personally appeared Dean Johnston, to me known to be the Mayor of the City of Lake Elmo, and he executed the foregoing instrument and acknowledged that he executed the same by authority of and on behalf of City of Lake Elmo. Notary Public STATE OF MINNESOTA } } COUNTY OF ) On this day of , 2006, before me, a notary public within and for said county, personally appeared Richard Bergman and Eileen Bergman, husband and wife, who executed the same of their own free hand and will. Notary Public F:%users\JarriceUerr)ALE\Bergman Offer to Purchase-Right of Entry-2.doc 3 EXHIBIT A - DRAFT DO NOT EXECUTE 11135.06-3 02 GRANT OF PERMANENT EASEMENT Richard Bergman and Eileen Bergman, husband and wife ("Grantors") represent that they are the record fee owners of the following described real property situated in Ramsey County, Minnesota (the "Property"), to wit: Section 2, Township 29, Range 21, all that part of the West 1/2 of the Northeast 1/4 of Section 2, Township 29 North, Range 21 West, Washington County, Minnesota, described as follows: Commencing at the intersection of the easterly line of said West 1/2 of the Northeast 1/4 with the southerly right of way line of Minnesota Trunk Highway Number 36 as located and traveled and monumented; thence southerly along said easterly line 760 feet to the point of beginning of the parcel being described; thence westerly and parallel with said southerly right of way line 569.35 feet; thence northerly and parallel with said easterly line 760 feet, more or less, to said southerly right of way line; thence westerly along said southerly right of way line 750.61 feet, more or less, to the westerly line of said West 1/2 of the Northeast 1/a; thence southerly along said westerly line 2454.26 feet, more or less, to the southwest corner thereof; thence easterly along the southerly line of said West 1/2 of the Northeast 1/4 1323.73 feet, more or less, to the southeast corner thereof; thence northerly along said easterly line of the West 1/2 of the Northeast 1/4 1695.95 feet, more or less, to the point of beginning. For valuable consideration, the receipt of which is hereby acknowledged, Grantors hereby convey to the City of Lake Elmo, a Minnesota statutory city, its successors and assigns (the "City"), a permanent easement for the construction, maintenance, operation, inspection and repair of a water main easement and public utilities; together with a permanent easement for ingress and egress, at any and all times, with all machinery, tools, equipment, vehicles and materials necessary for the aforesaid purposes, over, under and across the following described portion of the Property: Insert legal for easement IN WITNESS WHEREOF, the Grantors have hereunto set their hands. Richard Bergman Eileen Bergman STATE OF MINNESOTA } COUNTY OF } On this day of , 2006, before me, a notary public within and for said county, personally appeared Richard Bergman and Eileen Bergman, husband and wife, who executed the same of their own free hand and will. Notary Public This Instrument was Draft by. Peterson, Fram & Bergman, P.A. Attn: Jerome P. Filla 50 East Fifth Street, Suite 300 St. Paul, Minnesota 55101 (651) 291-8955 E:lusers�JaniceVerrylLE\Grant of Easement-Bergman-2.doc Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9A City Council August 2,2006 Agenda Item: Garage Forward of Principal Structure—5487 Jamaca Avenue (Landsem) Background Information for August 2,2006: The property owner has applied for a building permit to convert an existing attached 2 car garage to a living area, and construct a detached 3 car garage nearer the front lot line than the principal structure (the house). The subject site is a corner lot at 55th Street North and Jamaca Avenue. While the house fronts Jamaca,the legal front of the parcel is 55th Street north since that is the least length street frontage side of the comer parcel. The house has been constructed well to the rear of the 1.3 acre site resulting with 125 foot set backs to both Jamaca and 55th Street North and minimal (for the area of the site) east and south yards. The east yard(legally a side yard) is essentially used up with an in-ground swimming pool, and the south yard (legally the rear yard) is the location of the septic drain field. Short of covering the front face of the house, there appears to be no option to accomplish the proposed improvement without the detached garage being located nearer the legal front lot line (north) than the house. We note that, as proposed by the applicant, the detached garage will set back from 55th Street North substantially further than set back of the house to the east. Impervious coverage of the site (including the proposed garage) at 15% remains well under the R-1 maximum of 25%. A resolution approving the location of the proposed detached garage nearer the front lot line than the principal structure of the parcel is attached and is recommended for adoption. Person resagnsible: Action items: 67� Cif Plar� Motion to adopt Resolution#2006 - approving location of a detached garage structure nearer the front lot line that the principal structure at 5487 Jamaca Avenue per plans staff dated July 27, 2006. Attachments: `,} Time Allocated: 1. Draft Resolution#2006- Approving Garage Location 2. Location Map 3. Applicant's Documentation CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-076 A RESOLUTION APPROVING THE PLACEMENT OF A GARAGE STRUCTURE IN FRONT OF THE PRIMARY STRUCTURE AT 5487 JAMACA AVENEUE NORTH WHEREAS,pursuant to Section 300.13, Subd. 31 of the Lake Elmo Municipal Code, Bruce and Stephanie Landsem, the property owners, have requested approval to place a detached garage structure nearer the front lot line than the principal structure at 5487 Jamaca Avenue North, in accordance with plans staff dated July 27, 2006. NOW, THEREFORE, BE IT RESOLVED,that the City Council for the City of Lake Elmo hereby grants permission for construction of a garage structure nearer the front lot line than the principal structure at 5487 Jamaca Avenue North. ADOPTED,by the Lake Elmo City Council on the 2nd day of August, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator i ! 4 1 � i x.lw tuna xtvw E � � 77 73 �� I I 'I3INI I I 731N 1' f T30N YOU.U� J 7 j• i T29N =N II I T"ION 72BN { T-.7N TY/N / I R—"W R+ia tu0w . i \ficin'r<y+Map i I j I � 55th Stre orth j Site E m G� I Scale in Feet fn.m.«mykme—em—ma� I j �� 1 ` and`cplOtluWOn oftYM�eCoiAS 85'hPy �\ mpmr h v®«vs we�v�emmH omces. `y ,na�mea�am�amrwmre� S—w.r.nyW Ca W Su^i yD Off Location Map \ PdCCd f18W won A5000'vmblmetian { M I 1 � � 1 } I R J l t v. 1 �w V r 7 ''�M•r - To: Lake Elmo City Council From: Bruce and Stephanie Landsem 5487 Jamaca Ave. North Re: Proposed Resolution on Building Permit Application Thank you for considering our proposal for a resolution concerning our remodel plans. We have lived in Lake Elmo since 1992. During that time we have made many improvements to our home and property. As the attached documentation shows, we are hoping to build a detached, 3-car garage facing south and convert our existing garage to living space. Since the garage will be detached we are seeking a resolution on our permit to proceed with construction. The reason for planning the garage this way is: The topography of our lot makes it most feasible to position the garage to the west/north of the house and closer to the road. The slope on the northern side of our house will cause drainage issues if the garage is moved east from its proposed position. The current two car garage will be converted to a living room with seating area, fireplace, and space for a piano. Please refer to our site and elevation plans for details. Thank you for considering our proposal. Sincerely, JRUECEI VE race and anie Landsena L 2 Alj a titxo , to Lake Elmo pity Council I have seen the proposed building location and design of the garage at the residence of Bruce and Stephanie Landsem, 5487 Jamaca Ave. N., Lake Elmo. I agree that the location and design are acceptable and will enhance the appearance of the neighborhood. Name Address Sianatavre 9 1 f lc C 2 qI4 a s 6A" 5r n/ 1� , r J-30 7 d car r,tic-, I AJI RECE , sy, Landsem ,212 i2.12 ... - House . -® ,09'-0° 5:,2 I 55TH STREET NORTH Lake Elmo, M Ave o I Lake Elmo,Minnesota 55042 1 6517735598 _ TA241D�2; TF24,DF2) 1A2„e(2) ® ; �._._._._._._.—,- 100'-0° CPSO cPs4 cFs4 1 I r — — - ____ _._._._ _ _ ........ _. 1 — — — — •- R 219.48 ECEIVED Jul. I I 1 WEST ELEVATION i i I 4 1 I Ralf Lokensgard scAlE:,re=,W j I r ` .Arch Inc Inc I I I Stt Paul Ntnes°ole�aa129ulta tOD I 651 452 3251 FaX 651,462 alai www.ronlokeoa d.nan roi}4§rolhokensll erd.oan ,2:12 f. 1 thereby aertHy that thls plan,apeoRicetinn, \� 1 I _1 { rxrsr�5I��1 1 i direatsu sloeendiheilemaduly y TME:* 11• �:!e��d..hPP�(1<+• r I L�Pnrtpwsa�s prepared hY me or under m OPde��^S s,� ede Sate of undetthe 1 laws of the Stele of Minnesota '� �t•azl�~�.�a. `� v..e,,-15<rn�.cbaae, � II Date NeSistra#IonNo._ ® ® ® ® ._._.- _ 'Z I I 1 REvsroNs: �. WELL • 1 I I I I ---------- cc ( ISOW I I I 1 91-0 -If ____ _----------- 3-CARGARAGE I I � EAST ELEVATION ,,"¢. i y t 1 ALL CONTRACTORS AND SUBCONTRACTORS SCALE:I0=110 W l I- 4— inp` .._ram - ^tN°yla ' 1 DIMEENNSIONS ATTTTHEE BUILDING CONDITIONS SITE, I 108'-0" I I 11 ® I I SEPTIC SYSTEM 1001-0" _=---='__—_'__—=_____� NORTH ELEVATION SITE PLAN �J SCALE:10-1W SCALEI,'-20W r GA-1 Ab far C -------------- ® d�Y1 C1aSef5 - I I � 100b' I --------------- I I 1 91'•0" I I.................................. SOUTH ELEVATION SCALE:I0=1W Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9B City Council 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`h 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 re nsible: Action items: Motion to adopt Resolution#2006- approving the Section 520 Site Plan C' y 1 n 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 Final Plat of Eagle Point Business Park 0 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 County, Minnesota RESOLUTION NO. 2006-075 A RESOLUTION APPROVING THE VARIANCE AND SITE PLAN FOR C 0& 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 Application: 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— speci_fically 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 parb-ing 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 fixtutes {including any`wall pales'} shall be of a full cut-off design. The applicant shall submit manufacturer cut sheets for all exterior light fix-tuxes 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 ADOPTED, by the Lake Elmo City Council on the 2nd day of August,2006. Dean A. Johnston,MAYOR ATTEST: Martin J. Rafferty, City Administrator CITY OF LADE ELMO WASHINGTON COUNTY,MINNESOTA RESOLUTION NO. 2006-077 A RESOLUTION APPROVING THE FINAL PLAT OF EAGLE POINT BUSINESS PARK 61h ADDITION WHEREAS, at its April 4,2000 meeting,the Lake Elmo City Council revicwed and recommended approval of United Properties application for a Final Plat and Development Agreement of EAGLE POINT BUSINESS PAP—K. 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 PARK (Torrens Certificate No. 55289). WHEREAS, at its August 2,2006 meeting,the City Council reviewed the Final Plat of EAGLE POINT BUSINESS PARK 6Tx ADDITION. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City Of Lake Elmo does hereby approve and accept the Final Plat for EAGLE POINT BUSINESS PARK 6 ADDITION,as the same on file with the City Administrator, based on the following conditions. l. Compliance with the recommendations of the City Engineer. ADOPTED by the Lake Elmo City Council on the 2pd day of August 2006. Dean A. Johnston,Mayor ATTEST: Martin J. Rafferty, City Administrator Lake Elmo Planning Conanission Meeting EXCERPT Draft Minutes of July 24,2006 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 CHAIF:MAN OPENED THE PUBLIC HEARING AT 7:26 P.M. Nobody was present in the audience. THE CHAT AN 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. Lake Elmo Planning Commission Meeting EXCERPT Draft 1llinutes of July 24,2006 2 N1/S/P,Ptacel./Roth Section to approve the Section 520 Site Plan for Outlot 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. LAKE ELMO PLANNING COMD41SSIOIN STAFF REPORT Date. July 19, 2006 for the fleeting of .f my 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 PUB Plan Site History and Eidsting 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 PIan encompassing the entire 120 acres of the Eagle Point Business Park, including this site. Exhibits to the PUB 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 fast 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. S I t was recognized in 1999 (during PUD processing for Eagle Pont Busa..dss park) that this would be a difficult site to develop. Not only is the site triangular and features two street frontages (Hudson Blvd. and 1-94), it also abuts the intermittently flowing creek that crosses the Eagle Point Business park north to south and exits Lake Elmo under 1-94. 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 finpact 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 application was "incomplete" until application was also made for Shoreland Overlay zoning variance. That application was mad¢ by letter on July 7, 2006, which then becomes the date of receipt by the City of a "complete" application. 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 impervious surface including any prior agreements, a�.i 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 Corm- ission on July 24. Staff has also reviewed applicant's plans for compliance with other applicable zoning, PIJD 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 fixture 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". e Assuming `T.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. Tile luminaire plan does, however, comply with lighting standards of the City Code on the assumption that the light fixtures (including wall pales, 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- Me 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. It appears that the zoning or dinance'nance provides for the City Council to, 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 Plannina 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 reconunend 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 Outlot 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 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. kI -J, Charles E. Dilleiud, City Planner Attachments: 1. Location Map 2. Applicant's Graphics Ch►xck Dfllerud From: Travis Germundson[Travis.Germ undson9dnr.state_mn.usl Semi: Monday,, July 24, 2006 4:09 PM To- Chuck Dillerud Cc: Tim Walsh Subject: Re: C & G Terra Holdings provosal in Lake Elmo Chuck, Based on our discussions today with C&C North America, review of the September 27, 1999 "Resolution 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 100' 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 1 Kimberly Anez From: Travis Germundson [Travis.Germundson.@dnr.state.mn.us] Sent: Thursday,July 13,2006 1:52 PM T o: 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 1 P-11W IL(YW ROW TI I N T30N T30N T19N Lj.Qkj.AfZ%RWT_,qK =IR ILIW MW Vicinity Map .......................... g%— (3) > 0 0 300 Site i Scale in Feet 1-94 aP m kn—us Th. Location Map AIL AL 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 SU Y: Based on C &C North America,Ine.'s variance request submitted by Scott Wiestling of Finn Danicls 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 IS&. 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. G6UNDUE 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.366 Jackson Street, Suite 100 • St. Pau[, Minnesota e Ph 281.494.7277 • Fx 281.494.7299 a silestone.corn C & C North America, Inc. Puusuant 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,will 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 ofAdiustment of the City ofMoorhead 446 N.W. 24, 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.PANG/STORM WATER SETBACKS Lake Elmo Municipal Codes require a 100ft setback from the centerline of the tributary stream. 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 strewn; the 100ft setback applies to structures only. Rj C NC-,i %:Merk:a, InC. Unfortunately our architect,Mr. Wiestling 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. O INC/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. J3VERVIOUSNESS 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. 011u1 f'AVCd[h Qi B Tp9I-w A GN —MATERIAL JOINTBAD?AS IIOTEP FN(Ul GRADE OW AB NOTED —M E > 19 C1NdI A"WICK CONE. S\ "� 07 W ALK 1 ® �• T1 4. gem cow • �.'— 'III CURB t GUTtER A I—I CUf89/dUTTER ° II—I I—�1It—III COMY'AGTRP�.RAu. -IJI� III II —I�—Y Ca'rAGiE04M*L \ U. P14L,TTP FILL.I7P WTE,N AtwA9 Uwe ADJACENT PAvw1wr HCRE.M AREAS UNERE ADJACENT PAVETNNT ! \\ SLOPE AWAY NWM BUTTER-OattER OLOPEB ABIAY FFd7H GUTTER-GUTTER BLG'E BHN"Mmckpa.L IiE 114'RR FOOL AWAY BLOM BIIALI.BE VA'PER TOOT AWAY f` I I A\ 1 4 x FROM cum 156/I2 QREr n CLUTTER a G4G CONQ UJALK kA-Iy, BCALE.I In' . I'"®` h•^f,i BCALEr I I/x" r " �11 \� ®7t ,� I 111DETE1,47I014\\\ \ SITE DATA POND t I 4 \� � TOTAL SITE AREA UB.1Lfi5.F, p� J Ilw I!A pgBT.WT DR V7' cow_mil Wi /! � lI / , \ BUILDING FOOTPRINT r I3.AO2 S.F. {15%OF SITE) OI. - - TOBP cv"TRaL 6r6 WAINA Wt I 11 // 0 \ HAND SURFACE AREA - J,IZZU,E,{40•79 OF SITE) CH GRAWLAR 844E !! / „� q2 1 1 GREEN AREA 39•M177 S.F.(44,37C OF SITE} N y �CAh7C WALK dV ._.A_... T I `� MONUMENT \ TOTAL IMPERVIOUS =� 49.RRI S.F. {06,79 OF SITE) ww WAARA WUH a _ SIGN,PER p g _ .� qy ONA1JtB,dR pABB r"-• to-EJ,MATY \ CITY CRITERIA PARI<INO REQUIREMENTS $ _ I -OFFICE AREA i8,R3N/100 G 77 __ III CLNTRO4 JOINT 1.1 I I I- I @ - SHOWROOM AREA -5.960/1000 0 d - II�T IIIIIIIIIIEul TI11- T� ICI—rr'- � — a \ 03 REQUIRED EkP,JOMTO e I 1 0 70'•®'OO.fVaC p `\ 05 PRONGED -FUTURE PARKING 15 STALLS41 €g od A WALK G.J. DETAIL s IJJALK E.J. DETAIL, ' 1 � ApBiA�1.LI�PA19lYJ\ A-IJ BCALE,I In"' P-0' Tol IaBF J1J{J{ Is, a r OEIBK. `-h"J N 19 \ 9 i. Sys,n I'-�.I'-r.'ALu1 - 9 O• 3 0" 5 ®' "Ij \ is rig. ; alto;t n u:PI ' tT-LU F1eLV La ft�� L ) �I .Cc` 1 — �• `y, C� o irk i� W{7G GRMIil-6 Ah�Le't°Ic1Ya PIaOEON VAN y ACCEaBU'A.E B T.N oN BIG+ F T7 M STAL ®L 1 I .. >� •�'- \ f/ ♦ �,(� \ � yyyryryry I n"�?f� �1.1 � Q AN BE_URG F031- O O TB AG.B TO NPCP RAU'IP - g�0„P,Br ONALL P*t!T WV BLOPfi .iri;.n Fmnr LL HDCP CURB M IP 614ALL AB'aE=P,7^'? r•NEt 617 BLOPL' ~`-•^ I n` \ ♦ Y bd `^b: PB' ISIGNB VAXN AM 9ABFP ® 6Be CN A 6'CURB MT.ADJUOT AS RECFD. 9 D11 F'ICCx ;aIC�P♦I 7 ACCESSIBLE CUiZB CUTh BGA1.E r NTB A'-1.1 BCALE.NTB ,' 3�p�} p'pg la�"i13 13 ♦ �Bo J � LL f A-IA e ® ®I•.' \ .` I I y L IB'.41• 7d,•Td• 1�'•D" ` `.-` 1 1 q Ut� \rPEA Yt I � � ems'"" � " ( ' \ ♦ `\ —------------- 1 ",� a AREA OF ~~~ `�..—.. Jib d5'.g• , ,p1,'c �` t �,' tk10FRcftTYte' •~` $ bus �I A WeL4 OUND TNFlLR7ANDN -- a - - — � Frolecl Nat 06031 m Dram By.SAW Ct,ecNed By— SAW/HAM teeuan and Ra-AsIonrt; • — --- — � �� pn}Z(pMI{7AL_ OB.I p.xOnB — � CITY RESUBNITTAL 07,28.700E iMrr S r A 7 9 4 ' - Sheol T111r. 89TE PLAN . F�/R\ i / $ITE DETAILS t , vrv+V4t.IlNEi , _ LEGEND EXISTING PROPOSED M J7� I BOUNDARY LINEif ---- ----- IO' LOT UNE _..- ._........'.. p � 1p�' I CENTERLINE JC D • (It. `I\` \,- `� I CURB EASEMENT &GUTTJA .....vmmmuvn.... __-_—� •\ MAJOR CONTOUR �— fig2 MINOR CONTOUR SPOT ELEVATION x000 <Boo 1 - BRAINAOE ARROW ,gyp+ 1 51LIT FENCE Y4. .. CATCH BASIN 0 ,. Im CATCH DASIIJ MANHOLE J4 STORM MANHOLE 0 JD DO I FLARED ENO 41 o m f 971.7 MATCH �.. i _ '`'S \'•. STORM BE -4t• SPA--- BSI ., `' ' `.,} °Q,�•. m •, , CAE IN FEE BRAI ur- oT .• �. ,I t .. ..... UCnON't ROCK NnLE CONSIR �o.b d S I X I ENTERANCE E S oT 5 DRAINAGE ANb UTILITY i `701 EASEMENT PEq I'� 1 '' g � —'" "'� � PROPOSED PLAT OF I I 'i � `'� \• y "" rz 02J.70G1 DENOTE PROPOSED SPOT ELEVATION "Rb.6 T3 c "f EhOLE POINT OUSINE55 `F'•\ , , ".\ cf'U / 01.1 CUTTER DtJE OR(9t0U1J0 TO TOP CURB q°•�'ri' PARK OTH AOInnDN 9{; 00$, � DENOTE DRAINAGE DIRECTION �^B PT^i �?d�SRs 973.4 MATCH REPRESENT a GRADING MOTES J PROPOSED CONTOURS REPREST FINISHED SURFACE ELEVATIONS, SPOT ELEVATIONS ALONG 1 I i •�Csl*� •• .. PROPOSED CURB DENOTES TOP OF CURB UNLESSOTHERWISE NOTED, ' i I ; •$ EXISTING UTILITIES SHOWN ON THESE PLANS ARE BASED ON RECORD DRAWINGS AND, WI-IERE - i \ POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION IS NOT TO BE RELIED ON i `• - AS BEING EXACT OR COMPLETE. CONTRACTOR SHALL CONTACT THE APPROPRIATE UTILITY o u ! ; \ COMPANIES AT LEAST 48 HOURS PRIOR TO EXCAVATION, TO REQUEST EXACT FIELD LOCATION r a �: I ` I •t• �j r ��• :�' * OF URLITIES. THE CONTRACTOR 15 RESPONSIBLE FOR RELOCATING ALL EXISTING UTILITIES WFIICH L`ONFWCT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. j •j•,i 1 y0741 a'YA00 ,,ate ! '•�(`+; \, `JA6/`•,,g '. CONTRACTOR TO CALL GOPHER STATE ONE CALL(1-800-252-1166), 48 HOURS PRIOR TO ' i'i`, 1• ' \ g7h,03 aj , •�, EXCAVATION FOR LOCATIONS OF SMALL UTILITIES. •ii CONTRACTOR REQUIRED TO PROTECT THE TREES TO BE SAVED. SHOULD ANY PORTION OF THE dal°•., TREE BRANCHES REQUIRE REMOVAL TO PERMIT OPERATION OF THE CONTRACTOR'S EQUIPMENT,97' g o I \ ,, HE/SHE SHALL OBTAIN THE SERMCES OF A PROFESSIONAL TRIMMING SERVICE TO TRIM THE m r ND OF '$ o>df \ .r •�t I, I •.y L ` ,, .�•, TREES, SHOULD THE CONTRACTOR'S OPERATIONS RESULT IN THE BREAKING OF ANY LIMBS, a a THE BROICN LIMBS SHOULD BE REMOVED IMMEDIATELY AND CUTS SHALL BE PROPERLY o o PROTECTED TO MINIMIZE ANY LASTING DAMAGE. NO TREES SHALL BE REMOVED WITHOUT AUTHORIZATION BY THE ENGINEER. COSTS FOR TRIMMING SERVICES SHALL BE CONSIDERED r 970.20 Tw j �' ,J• s s "! 065.10 BW + l,.' i... 9T 1 �/ , ' ' INCIDENTAL TO THE GRADING CONTRACT. J • M��, '.ems•.. ' 1�`j"• CONTRACTOR SHALL STRIP, STOCKPILE AND RE-SPREAD SUFFICIENT TOPSOIL TO PROVIDE A ERGS N 6TROL 1 + ' f ti' •..\ MINIMUM 4 INCH DEPTH (COMPACTED)TO ALL DISTURBED AREAS TO BE SODDED OR SEEDED. DIJA ET OR LAPPED '.SLO OS!ALL 11 1 I } •if `••� �°"' TIIE FINISHED BUILDING SUBGRADE ELEVATION SHALL NOT VARY BY MORE THAN D,30 FT. rJ •.�,"`� `' v v ABOVE, OR 0,30 FT. BELOW, THE PROPOSED ELEVATION. STREET OR PARKING AREA SUBGRADE ELEVATION SHALL NOT VARY BY MORE THAN 0.05 FT. ABOVE, OR 0.10 FT. BELOW, J ) } n>a-� d° f THE PRESCRIBED ELEVATION, AREAS TO RECEIVE TOPSOIL SHALL BE GRADED TO WITHIN 0.3E ' H,'' \ q, � FT. OF THE REQUIRED ELEVATION, UNLESS DIRECTED OTHERWISE BY THE ENGINEER. TOPSOIL 1 i 8y/ '•- SHALL BE GRADED TO WITHIN %INCH OF THE SPECIFIED THICKNESS, ' \` i I ( ! {\ y I.,,h,.`'•� • THE CONTRACTOR SHALL COMPLY WITH THE REQUIREMENTS OF THE MINNESOTA POLLUTION I;: \ TI✓n �d 9>6, CONTROL AGENCY- NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)PERMIT. a 'RE'TAINMI.WALL 40 BUILD NO � �--a•' } CONTRACTOR SHALL BE REQUIRED TO BE A CO-APPLICANT WITH THE OWNER, THE , •I r<; -r-; _FaUNDATON SUDROT To RMW MD �• ^b `4 `98 CONTRACTOR SHAH,COMPLETE THE REQUIRED INSPC•CTION REPORTS AND BE RESPONSIBLE I h , APPROVAL DY SO",Vro sT1iIJORmAI. �:. q t 972:06 TW r' j m 1 ENBBJEER.� ''`07d' FOR MAINTENANCE OF THE EROSION CONTROL DEVICES. 966,OD.Q � i it / m \ .� ,,.;}• }4sa 4 ..., I j ✓ ;t, PROVIDE POSIITVE DRAINAGE(MAXIMUM 2%AWAY FROM BUILDING)WITHOUT PONDING, IN ALL `r✓ i DELOW F,F,D:ON TRE1pEST " >< j ��Vi /,f, yN 1 NDE BF TJIE,Jwwr10, ''q 9 AREAS, AFTER INSTALLATION, CONTRACTOR TO TEST FOR, AN CORRECT IF ANY, -BIND BATH' E9yti k F.F,E.=977.3, l ��6 CONDITIONS. f END OF'WAL' ,.�, ' •' J I i t.. ,.. 'r. o d ''.....q�,\...,,.... s 2• EROSION CONTROL NOTES� JaIIpON'rruU o FOUNDATION EVOSURL ~ e1A� 980.7 MATE ALL EROSION CONTROL MEASURES MUST BE INSTALLED PRIOR TO COMMENCEMENT OF U i { \ OPERATIONS AND BE MAINTAINED UNTIL ALL DISTURBED AREAS ON THE SITE HAVE `, • `" GRADING I r ., ;, t ..� .,, `; � •.. `.,,,.�,/ .. BEEN RESTORED. W<C� z j 2 •..... < ER ION GONTAP ; \. I, o7�a G7G.ii o cP` y BLA KETPR•4APPE0'% •� , 010 s 4 97 2 � � TEMPORARY EROSION CONTROL(HAY BALES OR APPROVED EQUIVALENT) TO BE PLACED <I;j_,y..IL J ; SOD'{ON ALL,to ` :-'----G74 a; . STORM SLO,ES j % ' ,•.'.. J,OW6 a>� ,� g}1 ,..','�+'•4 981,6 MATCH SC STRUCTURESDURING ON (REF 0 DETAIL),SEDI c a. s 10$ .,.. . so AROUND SHALL REMOVED FROM ALL SEDIMENT CONTROL DEVICES AS NECESSARY AND ..I. ! %i . ",.-�� •D�Mt.....""""v<r � _'�;�..,. I 1� T,e'F .._a� �,� ... �• ° M S E LLI d ..;,,:.. ..._ METKL �r 4 °^ �' ....... .... G CPA REDUCED 60%. z_ •.• ^,rrw • T THE BEGIN OF e7 .... � ,,....._. ' -.,,,.�'• „q> .. ...' \�+u„_..,.. •,�..:• m r o 962 AU STABILIZED CONSTRUCTION ENTRANCE 5 TALL BE INSTALLED BA BEGINNING Z z CONSTRUCTION&MAINTAINED FOR DURATION OF PROJECT, m L7= '''^•. •��" '^•, '-- '••,. ALL SLOPES 4:1 OR STISPER,NOT TO BE SODDED AND GREATER THAN R FEET IN HEIGHT, e N"' 965.0E TW -..,,���� `.. SHALL HAVE EROSION CONTROL FABRIC INSTALLED. �� �..........,, END OF W �6m�^�?..,.. ��`., "'•' ...... ...,, �07r.,...,...,.-0r4. •,... .,.,.. :...,�.... ...., .,. ,eC...,.. ..., � � `"^', '6'' •"'•e7o 1" -dYU to CONTRACTOR SHALL SEED AND MULCH ALL DISTURBED AREAS NOT TO BE SODDED. SEEDING rJ g "'w••1 � �'~^` SHALL COMPLY WITH MN/DOT SPEC, NO, 3B76,RAT A RATE OF 60 LBS�/TCRE, SEEDING IN •�. .. ....,. .... •...,, ,...... •...... ..,.. .s FT.cJJnIN•. �""�974:OQ,TW ••�� .... ..... �\ POND AND INFILTRATION E SHALL BE MIXTURE 3 ( ) IN L AFL BGG.0 Wli4N ELEVATION FBn '•'•••.. UNK-FENCE ""• 'ENu•OF•.WALI. I, OF'WAL LI••` \ ACCORDANCE MTHAMNDOT 387 SATLA RATE OF 82 U3S/A RE.MULCH SHALL COMPLY WIT}I � oeseNm unnvm DIFL1nhnDIJ'rJrsTEM MN DOT SPECIFICATION 3862 TYPE 1 TH MULCH'960,,.....,.... .. OF 2 TONS PER ACRE. "•�•, THE SHALL B APPLIED IN ACCORDANCE W17H BRAIRxcE AN.�,unlaiv ' '•, ,.� "' ... '• UCH B DISC, BUS 0 0 APPROVED EQUIPMENT. Eh0 SEON'SU RI 960.,.,..,.. •-..,..,,. ..... EAGLE POI T'DaeANE@sJA226,008 S.......... .,,,, DISTURBED AREAS THIN PUBLI RI W T BSODDED. ALL WI HT OF A PAMK­S — — — — — — — ..._ ._ _. _ ._.. � ........... ..... ..,.. _,,,. TJ1 ADDITION ....... ... �. — — - -•,-ems•.,._ ... ....., • A C Ri R q.... ...... ... _.. e6 ... 06/16/06 ....... ... s7c 0 1 ,9®®"Ri ®A AA®.AI �' ...... ...... ....... ..�,�. ...... ....... ,..,.�">�.. ....... ..... ..,.. I I , l�1 ,PCI s'i�' l �iir�i/',." wra.Y,�-n.mm an :•�:E rC. 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'" . /,.•�" D'uma nwieim.Ln unl waeLa e,wm T, f .s' r.D•LAreOemtnreooamrurauera, •. -DYNtmanL ralpl M QHl'Ca.QX,QI.p PADi mum 1aW.0a4nQW M/Nf Ym \ \� ` ` ' •' d FawL nadpQ @ rLrlr M „) �'- : [E11I1.4Ye1,1A,1 arl/aQ tj�. rm CGIy,rnsoauL QMDQ MMDI ar1a0E Q11Q n4LdT NMLtl•18r ...... -• , ••'FILa HQ,N®Q AU�CPQ'arYPl—n l onI—QamrWt0104V / + ••""• y •• ` QauL amDw.awnQ £. r<`:s:,.a . ,,•,nµ,,^ \ ,l-a•.r>a•Quinn eer nr nPuar � � n n :� L�,va�roi —01 An I' r I _ rwnaw rQaQornL a: X ��11 i I •' ��_ o.envaL um rurnnu aat •tl IT7� T�RT�r-uue,w�aaal. /.:�— tttln,&I.QADE Rn,QI1Ea PAamfD Z III,. : �I^II rulrturP�QQru. 1 . \ L6 - 17T TAT tt7 "./ j�a un:emaen oaL 1 1 \ �1 � 1LIp"�'L �-.Ii1 ' ��,� ,1 - ®+,A14 ren.1.e, 'II_� {�- - - umcrv:nwama ar \. \ \• W ®�`1 t P. 5T1,7.1_ �(- _ iMumao vrc I I�_��-I -T__- _ wo r rum rvawoncQ \ \ " r•* RT - - -n- ownonmuewlrt?IeLmQ W 0, iroYea. __I I .....III uL I.`�. rea. n _ •11A urem++m,mnax»a rraQ Druraa Ara uraul IOU u.,eOUN rnnxne n•raQ Qrexna uc Quox -Iwn La>9n1 eoaQ m ceYnAnenrm°rwremet tttt'J 1"e 1 IIDETENTION .n n„Q;ceumea,aaQ aHia1 is arum imeD,snsQwrt •n re„°ealm/erare eT,Ys1 rm e,.ua irsem waewn •Qeenrr aonaY un niaQa rn,mLQ waver,a I2u04 \ POND \ Aa eartiuerul ie rmeraarG.s tan naaarmaB YraeQ 11 n@ Y�IIm/GiaV q--I—rcw—HAIR.1-11 !•:I 1 RU'@froBl,kN rlraanriw,f1T1w4Wr11Q0 PnIYW, an—rronxalnR•Atl,Kui Tin arununee ArYJw. H {j 1 \ .ewaJr mnaT Arm 0ea m uota ewae m,s.<wmea .nCARsr mr,n,an ama Yrlaa mQar rtl Hansa J 1 /� , \ C .,ea rur+i im eQGmxa,Acr u,H mHc 1 �/ ® \ ❑o DBCIDUOUD TREE PLANTING DETAIL EVURGRRRN TREE PLANTING DETAIL SHRUB PLANTING DETAIL �• 1 1✓ W 1+D " \ S d� z S L A N T 11'I Q Q E T 4, 1 LS 1., C —, � \ � is�� L-1,1 OCALC,3/9Q a I'•w IT 9 ks �_,�,_ \ ram/ / `.•. •0•--'n`-'`, \ I U� :: LANDSCAPE SCHEDULE I �� - ;. •;. �v s SYMBOL ABBR. SIZE OTY. COMMON NAME BOTANICAL NAME SYMBOL ASBR, SIZE CITY. COMMON NAME BOTANICAL NAME / \ I aU .Ave OVERSTORY TREES SHRUBS / 9 \ Y - :• �`(i \ •t 6• � b REOMOND TILIA REDTWIGGED CORNUS RL 2 1/2" BB 4 LINDEN AMEBICANA RD k5 PDT 5 'CARDINAL' SERICEA c�•/�Y �(''� TC•. Q \\\ = R> o 'REDMOND' DOGWOOD 'CARDINAL' rvs tl,_• •�' '� u u HYBRID ACCR x `' a.a E THUJA 4/ �•- — _ \ a \ ra_ ° , HM 2 1/2"09 4 MAPLE FREEMANII LG HS POT 3 LITTLE GIANT OCCIDCNTALIS SCARLET SENTINEL 'SCARLET SENTINEL' ARBORVITAE r' •-AW '� a G 'LITTLE GIANT' c4'/aJ n SWAMP WHITE OUERCUS WGIGELA •R ,` - \ E SO 2 1/2"89 G OAK BICOLOR O RW �/5 POT 15 RUMBA FLORIDA 8 o c r- m �.•+ WEIGELA -HE.V. 'RUMBA WEICELA' - Mn -• (✓ \ UNDERSTORY TREES COMPACT VIBURNUM ••- �^,, MARSHALL FRAXINUS AC 115 POT 64 AMERICAN TRILOBUM C4/1 1 MA 1 1/2" pB 2 SEEDLESS PENNSriVANICA CRANBERRY BUSH 'COMPACTA' - / \ ••nY (h \ `ti✓ ASH 'MARSHALL SEEDLESS' 5 POT THUJA GA # 0 GLOBE OCCIDEN7ALI5 / \ MALLS x „""wW ARBORVITAE �.•d' '?c;it%g>s:.-.,,.."' - 'S/ B® 7HUNDERCHILD 'WOODWARDII' HYBRIDS :.?<>. \ / • '� TC CRAP ,'!Q.. •,�', .:, .s'sis. 'THUNDERCFIILO' AW 5 POT p3 WATERER JAPONICA �rp i{ WATERER W MALLS X 'n,,,,;� •'`f.',.:j:,.' (1�''`.. ..,.: ';s: Q97 1 3 SPRING SNOW HYBRIDS SPIREA D ARF SUMMER' sc /2"ae CRAB 'SNOW CRAB' EXPLORER ER #5 POT 26 OS -••-.•-. !.6 x;:•; 'g'i`.;s"nri%%>S�.y.... \\ pys�, R E ':3ir3. .:c: ...c, .::. O \ 'CEOnGE VANCOUVER' t ', % r vs�;w. •` :s•^ .N •nl RB 1 1/2" BB 5 RIVER BIRCH BNICRA `: `9 WH17E SYM11- RI ARP ` WS N5 POT 20 p C OS ,i ..,.,!:,!l,/ •�g,L"„ ;;STY/'< OWCR YSN A BUSEVERGREEN TREES sa :kls:.::. ;:.>ai:.>y:,::,i yi,o::Yis;;4r•,ro,3's•:;*j5:,%�+:.rf��<'zY::.j;�:7l7r;.y."':''.ys��.�,:Cj;�: si 'AYs' BLACK PICEA . K2u 4ryr`;%: Fr <4:/x <s f::; :r'T Is' \ �r�y� q 6a / ;;!::£hu;.zs.:u;e {IZ.(x;; ac� ,!.:Xxxo<r..Yr:''is:: ". �' \ ® r p5 8' BB M1 HILLS OLAUCA {� INDICATES BODGED/IRRIGATED AREAS ON PLAN. {;g�S,,rues`"'ss'^'••�T''•'<^:r�^•;'F..a�':£s/».,�2gz;;:y<o 7i.,r' 'O� / p� SPRUCE DCNSATA � +`,.�.. � • �Y.."-f"M.k'r.IQ��1�1.Q«<.��! ?� s;.r�;'er`sj%.f%'1,`s,� 6EBET&NOTE ♦IVS mY,';:•{r:h' ':��f`;�.ifi:Y^!.`r.1'MP.T.o3;y,%^.�i:vk,3,'�f�"y:,�/,.:QR.^n - pa pq -LANDSCAPE CONTRACTOR SHALL VISIT IRE SITE PRIDR TO SUBMITTING A BID TO BECOME FAMILIAR WIIH THE / f Y�" � ��A � ? '��� € ^} ; ss;X<' \ AW•••.•-•• �e i�w -rw' -• sV" sc4„ fJ£€ i,F•ry 7,.r fnt f : :fyY . ®6 141E CONOITIOI75. 1HE LANDSCAPE CONTRACTOR SHALL HAV<ALL UNDERGROUND UTILITIES LOCATED PRIOR 10 tl11y ANY DIGGING. i. r'/� •� 3FY z£... �� = n8 ` ::,•,'ff+..e ' lv+�z r7:;:sy, +^s..`<{;�s��T,r;.g`??ss:,:;.x.,;r: yA€.ysff,<'.;;,a�£' •,r`£"'�:,;: 't,r4: -ALL PLANT MATERIALS SHALL CONFORM WITH THE AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS AND t;•'F ;;� �rf•`'1• s,'3C,�•.$i .•,rsW?Ye:•' . SHALL BE OF RANDY STOCK,FREE FROM DISEASE,DAMAGE AND DISFIGURATION, IF THERE IS ANY -:'{'>'<-sT.bK':> f',?'frs S#�.. ra':Kks`-'`sii:%�,x<: `+,` \,\ `! •• 4 � DISCREPANCY BETWEEN THE NUMBER OF PLANTS ON THE LIST AND THE NUMBER SHOWN ON THE PLAN,THE �r%' ,: i: ;�• !€J'3 j3::" nz%'�9 �3'3% "%'•"'�''!-=S£/j's<S:='%"%':Y'%`: _ RW \ •©• �ppgg��pp PLAN SHALL GOVERN. 1Y5 /..; ,ra,,: �.',X�i.:%nr&;',�i3:%.iwrF.s::�yf:�>.'^: � -AW .�.• '�f' B. -THE GROUND COVER IS SOD EXCEPT IN PLANTING BEDS. %` _ ,i?��i'-^ `U-'•••-- s%y l''"%S>4: �' 'd• ALL PLANTING AREAS SHALL BE EDGED WE D BLACK VINYL E 1 1/AND HAVE 4'-D"DEEP MULCH PLACED llltltltl L' „}:T.•5�� r� \ OVER A WEED BARRIER FABRIC. MULCH SIZE AND TYPE SHALL BE i 12'BRYANT RED ROCK NULCIi. ALL �' - � -�� TREES NOT PLACED WITHIN A PLANTING BED SHALL HAVE A 4 FOOT DIAMETER,6 INCH DEEP SHREDDED `^•;+`•".'�.'.:,•``•' •AC• 4 ` W.. as 0 HARDWOOD MULCH DISH INSTALLED AROUND THE TREE, '> ;E+• "ti . TREES ?V ~-�`'-=.- dEA -ALL RETAINING WALLS TO BE DESIGNED BY OTHERS. WSf -L IAnlpy3-~^ A ,- D.NP-ER��UND INFlL17jA710(y� ,_•f Eu \ ••�6tl�,••LL Ilu• "-' -ALL AREAS WITHIN THE PROPERTY THAT ARE NOT SHRUB BEDS OR 14MD SURFACED EXCEPT AS NOTED SHALL BE SODDED, ALL AREAS OUTSIDE THE PROPERTY LINES DISTURBED BY GRADING On UTILITY .0 ry�•.: INSTALLATION SHALL BE RETURNED TO EXISTING CONDITION Oft BETTER,OR AS NOTED. d "•�'"'•'--'.e'er,` ;-=-,J 11M En a• :, -SHOULD A PLANT BE UNAVAILABLE Al THE TIME OF INSTALLATION,ALL SUBSTITUTIONS ME SUBJECT TO TIE AREA$OP MN.DNR BASEMENT DIDITIRBE ,",,p• ®.. `��`'� Pro al No,; 06031 APPROVAL OF THE OWNER,CITY,AND UNITED PROPERTIES, DY CONBTRUCTICN AND GRADING DI'ERATIONB T••, -�' ', •H .®t� �- ,h ' H SHALL BE MY135ETATED.AMA SHALL BE '® ,.,• �...,-� -MY EXISTTNO VEGETATION TO BE REMOVED FROM THE SITE$HALL BE DISPOSED Or IN A MANNER THAT IB P); Grown By. SAW APPLICABLE WITH CITY AND STATE REQUIREMENTS. HYDROGEEDED PER MN DOT BEFIC.NO.9D76 AT .. A RATE CP 5MLMWACM, MAIL MULCH SHALL �• "°t-'-. ., ', j Chock°d By, SAW/HAM -SEE ENGINEERS GRADING AND UTILITY PLANS FOR EXACT LOCATIONS OF BERMS,FENCES,RETAINING WALLS BE APPLIED A7 A RATE OP 2 TONG PER ACRE, '��dA AND PIPE LOCATIONS, MULCH SHALL BE ANCHORED WITH A DISC, Inauen and Rednlonn: CLODBUSTER,OR OTHER APPROVED EGUIPT`1L`NT, IEEOAnnN NOTES; (TYP,SHOUN THUS) .1� "j ll••//1 / CITY SUBMITTAL 06.19.2006 -CONTRACTOR TO VERIFY MECHANICAL ROOM LOCATION AS SOURCE OF ELECTRIC AND WATER SUPPLY. f CITY RESUBMITTAL 07 20.2006 CONTRACTOR SHALL COORDINATE ROUTING OF SUBWATER AND INDICATION CONTROL WiRINO FROM MECH.ROOM I TO FRONT OF BUILDING. 9 DUDES SHOP ODAWINGS AND PRODUCT FOR APPROVAL,SHOP LER,SPRINKLE SHALL INCLUDE KFLOW OF SYSTEM U@ DESIGN S OP DFLNNON5. SUBMIT DATA OR PUMPS,CONTROLLER,SPRINKLE L INCLUDE DACKFLOW PREVENTS M AUTOMATIC VALVES AND OTHER MATERIALS. AN SYSTEM ELL IRRIGATION E DESIGNNED BY TIEEM SHALL ECONTRA TORTO COVER CHOSEN TO OD OUTIE WORK,AND ODESIGN DRAWINGTIIS TO IRRIGATION TON N T LOCATIONS,SIZESSUBMITTED BY EANNTRACTDR FOR KINDS OF EOUI MENTOVAL BY TO DE INST+ALLEDNCNTECT,AN UNTIED PROPERTIES,SHONN6 E S T A T 9 4 Shoot Title: -RNAL ACCEPTANCE SHALL BE CONTINGENT UPON THE COMPLETION OF THE PROJECT. A bEMDNSTRARON OF LANDSCAPE PB.AN THE SYSTEM SHALL BE PROVIDED TO TIE OWNER, ANY ADJUSTMENT TO HEADS SHALL BE MADE PRIOR TO THE „�` DETAILS AND DEMONSTRATION. ROON 4, 0 ® w N(1) 46'•9 112" o ❑❑o L! P 13 \ bN U �E�yy TRASIJ/BLDG. UTILITIES ed o SHOWROOM zv 2,396 S.F. aN` E OFFICE a 2,690 S.F. 'G ANIiOR CLOSET VESIIDULE� \ 4'OAIEN'S LOOPY � d \� \ D 6 N 1 UP MF-IJ'S - TOILET t _OPEIJ 10/"' BELOW / —2 STORY AREA— ELEV. pp�� EQUIP. Y// > Mc J \ OFFICE q� a� 4,490C �90CSF. / \ �--LINE OF 7,755 S.C. �e v®'C r - °\ UPPER LEVEL .�q �I SHOWROOMLu 3,573 S.F. r=1 m ......... ,ii I J o I 0 Pr*d INo.: 06031 Drawn 0y; SAW 136'•0" 136'•©" — Checked By: SAW/HAM Issues and Revisions: MAIN LEVEL FLOOR PLAN UPPER LEVEL FLQ0R PLAN 13,402 G.5.F. .11,797 C.S. � CITY SUBMITTAL 06.19.2006 C Sheet Tllle; FLOOR PLANS MAIN LEVEL FLOOR FLAN z U F F ER LEVEL FLOOR FLAN A-2 3/32" a P-D" A-2 3/32" = 11•0" 516NAGE AREA N O E.IF.6- NATURAL STONE-� 43.5 5F. w l(T In U TINTED GLA55 IN VENEER In G N PREFINISHED SHEET ANODIZED ALUM, --- VENEER STONE 9 QI 1 METAL CORNICE/COPING FRAMES,TYP. H . ❑, A \J -- N '+ N p C A N C ITT O _ —❑ - - - N ni MEE U a!O SI Ttl� . . . . . . . . . . . . . � UPPER -,P - ❑ ❑❑ / ^ 1, FLOOR US IH ❑ ❑�' _ m mm�m MIA MAIN FLOOR _ YY C n o NATURAL STONE SINES ° n m WINDOWS r -- -- --� o ° TINTED GLA65 IN MATERIALS CALCULATION — — — — — ANODIZED ALUM. �-FACEBRICK vENEER ELEVATION S0.FT. = 4,064 SF. - MATERIALS CALCULATION FRAMES,TTP. t---NATURAL STONE BRICK/STONE/GLASS=3,500 6.F(Bay.) ELEVATION S4.FT.= 1,500 S.F. UN X n LELFS.=476 S.F.(12Y)— _ J BRICK/STONE'/GLASS=1,500 S.F(100%) C PIER BASE — 0stl-° riry C "0q I v0UTH EL E VATION h E AST E L E VAT ION �a A-3 I/8" I'•0" A-3 I/8" • 1'•0" I - cz� a E r �ILDIhIG WALL SIG�lAGE CALCULATIO>Ns a o II6 L.F.Of DUAL O fRLIJBLDG x OU =87 S.F. (B7 S.F. TOTAL OF ALL BLDG.MOUNTED SIGNS) SIGNAGE AREA e E NATURAL STONE E.IF.S.. 4},5 67 METAL CORN SHEET u o VENEER !TINTED GLASS IN METAL CORNICE/COPING _ PREFINISHED SHEET ANODIZED ALUM: '_ a _ . METAL CORNICE/COPING FRAMES,TT'P. " E v in a n 9EMU❑MOHL] ` TINTED GIL AS$IN ANODIZED ALUM. FRAMES.TTP. m Lim -^ - _ ___❑�❑ UPPER FLOOR N ;. K 23 11E] K ^ MAIN FLOOR i NATURAL STONE SILLS �.�PAINTED OVERHEAD WINDOWS TRASH DOOR ENTRANCE ADDRESS SIGNAGE ��NATURAL STONE 61LL5 METAL PANEL m WINDOWS — — .-- — FACEBRICK VENEER I MATCRIALS CALCULATION Ic ENTRY CANOPY IL I Ing' MATERIALS CALCULATION ��-'--'J� ELE vnunN sq.Fr.= 1,367 s.F. FACEBRICK VENEER ELEVATION)E4.FT.=3,419 S.F — NATURAL STONE BRICK/STONE/GLASS= 1,093 IF(79%) BRICK/STONE/GLASS=3,056 SY(B9%)I PIER BASE LE.I.F.S =z74 IF (21%)— � � � NATURAL STONE EJLF.S.- 363 S.F.(117.) — 2 N O R T H E A S T E L E V A T I O N ='=�=Azt L - - - -_ - - _ J 5 N O R T H E L E V A T I O N PREFINISHED SHEET I METAL CORNICE/COPING --TINTED GLASS IN �.- ANODIZED ALUM. ❑ ❑ .❑❑❑ Lu❑ ` FRAMES,iYP. 4 Pra)ecl No: 06031 I Checked By: SAW/HAM 9F ( Issues and Revisions NATURAL STONE SILLS ❑❑ ❑❑❑ _ - ❑" '__.. m WINDOWS jVA }" .l CITY SUBAIITTAL 06.19.2006 FACEBRICK VENEER r❑ ❑ ❑❑❑❑ ❑ ❑ ❑ ❑❑ —'NATURAL STONE 0 PIER BASE Sheet TIIIe: F&TERIALS CALCULATION EXTERIOR 1 ELEVATION SO.FT. -3,GOG S.F. ELEVATIONS BRICK/STONE/GLASS=2,903 IF(00%)I LE.I.F.S.=703 S.F. 3 W E S T E L E V A T I O N A-3 1/8" • 11•0" EA GL E FOIN BUSINESS FA RK 6 TH DDI T/ ON r fry 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 of Washington, State of Minnesota to wit: \ Outlot C, EAGLE POINT BUSINESS 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. _ _ ( � /VJrB°37b9/E Has caused the some to be surveyed and platted as EAGLE POINT BUSINESS PART( 6TH ADDITION, and does hereby donate 22 69-°_-:- and dedicate to the public the easements created by this plat for drainage and utility purposes only. ., (}\ \ LIIIJL.L ,�)VlI VII LV;J/IAVLJJ I90 v ^ ' I In witness whereof sold UNITED LAND LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officers this ____ day of __________—_, 200_. Io \ QC, UNITED LAND LLC ,, �- \/" —————————— its —————————————————— and ——————————————————— its STATE Of _ ___ COUNTY OF ————————————————— _ The foregoing instrument was acknowledged before me this —___ day of _—__----_—, 200_ by ------------------- — its _ and Its ____________________ of said UNITED LAND LLC, a Minnesota limited liability company, on behalf of said company. /H C— 7)/1/A I v� ______________________________________ go I ®T " \\�/° �Dc;, Notary Public — ——————— County,------------- <� to BL® °/� \ Dap My Commission Expires______________________ c� Imo " ",,FOUND 1/2" JJ OPEN IRON �_ I, Mark S. Hanson, hereby certify that I have surveyed and platted the property described on this lot as EAGLE POINT L L` r,-�DRAINAGE AND / MONUMENT Y Y Y P P P Y P UTILITY EASEMENT ° / I/ BUSINESS PARK 6TH ADDITION; that this plat is a correct representation of the survey; that all distances are correctly shown L=l l2.09 Q_ — S27 28 33 W - 6, '------ JJ - on the plat in feet and hundredths of o foot; that all monuments have been correctly placed In the ground as shown; that S — n�,y,�•in �n R=/33239 ---- ,.,N�4o-o�_e-_ is- 43.77I �,�,�,�.�� �„A the outside boundary lines are correctly designated on the plat; and that there ore no wet lands as defined in MS 505.02, 4 49 /2 ;;, / O8 5/ W 307 `a Subd. I or public highways to be designated other than as shown. —FOUND 1/2"OPEN IRON MONUMENT SOUTI1 LINE OF lA/TL--C)^'rA Tr— / ll/\l IfAYA \/ A //"1 ., ,/ Mork S. Hanson, _________________________ u� / 5E I/4 SEC. 33, Mark S. Hanson, Land Surveyor l l v l L_l t l i-I l L_ 7/v/7 v v i—I l l v v. r / T. 29,R. 21 Minnesota License No. 15480 i A en/n� iln/ _JI A n In 7 _ J STATE OF MINNESOTA l Vll VIJV l /1/ VV , L./—I l I V l/. ��� / s COUNTY OF _________________ The foregoing Surveyor's Certificate was acknowledged before me this __— day of ___---_--_, 200_ by Mark S. Hanson, Minnesota License No. 15480, 1 9 Notary Public, County, Minnesota My Commission Expires-------------------- This plat of EAGLE POINT BUSINESS PARK 6TH 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 SIGNED:---------------------------- City Administrator Pursuant to Chapter 820, Laws of Minnesota, 1971, this plat has been approved this —__— day of --_--_—__---, 200_. BY:----------------------------- Washington County Surveyor J9j BY:----------------------------- ® Denotes found, Ibe inch iron pipe with 1 V I//CINITK A l-7 plastic cap inscribed RLS 8612, unless V /V MAP noted. NOT To SCALE —A A— Denotes access control per Minnesota ————— There are no delinquent taxes, the current taxes due and payable for the year 200_ have been paid, and transfer has been Department of Transportation Right of Way I T — entered this _--- day of ______________, 200_. Plat 82-61. I iw I tiI BY:------------------- I00 0 100 200 I v z� 'v j Washington County Auditor]Treosurer ws BY: Deputy SCALE IN FEET I I inch = 100 feel - I ^ Q I`/LHOS01_yj1;r I QI etVlr�< I I Document Number _—__—___—_ Ali_.... ` I LIVE 2 r< I hereby certify that this instrument was recorded in the Office of the Registrar of Titles for record on this ____ day of Orientation of this bearing system is I ' I ��,,`� Y Y 9 Y based on the Washington County I------L-----=J -------------, 200_ at —__--- o'clock __.M., and was duly recorded in Washington County Records. Coordinate system. (NAD83) ST. HWY. l2 U.S. HWY. 94 SECTION 33, TOWNSHIP 29, RANGE 21 Washington County Registrar of Titles — Sunde Laud Surveying, LLC. BY:Deputy---------------------------