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December 19, 2006 CCP
Mayor:Dean Johnston Lake Elmo City Council Council members: 3800 Laverne Avenue No. Rita Conlin T Va7 E SDAY Lake Elmo,MN SS042 Steve DeLapp 777-5510 777-9615(fax) AnneSnith DECEMBER 19, 2006 Anne Smith Please read: Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However,staff provides bacicground 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 rill out a"Request to Appear Before the City Council form;or, if you came late,raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1, Agenda 2. Minutes: December 5,2006 3. PUBLIC INQUIRIES/INFORMATIONAL: 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 of the specific item being addressed to the Council. To allow adequate time for 4. CONSENT AGENDA: 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 A.Resolution No.2006-142:Approving Council prior to the meeting Was bench copies,to allow a more timely Claims presentation, B. Monthly Operating Report C. Escrow Reduction#4, St. Croix Sanctuary D. Partial Payment Lakes Mechanical, Resolution Nos. 2006-143A,2006-143B E. Street Name Resolution No.2006-144 S. FINANCE: Tom Bouthilet A. Miller Variance Refund Request 6. PROJECT DIRECTOR: Susan I-lovt A. St. Croix Valley Area Community Family Center Integrated Planning Team request to Consider Locating the Future Facility in Lake Elmo B._Project-Update. ..verbal - �,....,,.... _ _. �_......... .,: Lake Elmo City Council Agenda December 19,2006 Page 2 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Fire Department: (1)Inflatable Rescue Boat (2) First Response/Command/Chiefs Vehicle Replacement B. Building Department: Building Activity 8. CITY ENGINEER'S REPORT: A. Water Tower Warranty 9. PLANNING, LAND USE & ZONING: Kelli Matzek A. Oakdale Gun Club CUP Amendment; Resolution No. 2006-145 B. Final Plat Discover Crossing 2"d Addition; Resolution No.2006-146 C. Request Extension from Met Council J.Filla D.Proposed Steps for the Citywide S.Hoyt/K.Matzek Rezoning Process 10. CITY ATTORNEY'S REPORT: A. Update on 8475 Hidden Bay Trail - verbal 11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCIL BUSINESS AND REPORTS: A. Mayor Johnston—Search for City Administrator B. Council Member Conlin C. Council Member DeLapp—Lake Elmo Compensation Plan D. Council Member Johnson E. Council Member Smith "Boulevard trees (size to be determined) will be planted with a minimum average spacing of one tree per 40 feet, but no further than one tree per 60 feet, inside the City rights-of- way on both sides of all new roads. where sections of roadsides have a heavy existing tree coverage or where conditions which are unsuitable for planting boulevard trees, the 1 60 feet maximum spacing for new trees will not apply, however, the average spacing will require a corresponding increase in clustered trees. Land set aside for open space will be provided with a plan reviewed by the City Forester and the Planning Commission and approved by the City Council which shows initial design and a procedure for continuous maintenance and enhancement of the land. Primary elements in the design will be native trees and grasses, open water, seasonal wetlands, detention and retention ponding, and gardens. The open space should be designed to provide shelter and foraging land for native wildlife, particularly wildlife dispaced by new development. Mowed lawns are resticted to a maximum of 10% of designated open space, excluding open space approved for ballfields, sliding hills, landscaping around community buildings and land with similar uses. Islands at the ends of cul-de-sacs, or separating roadway lanes are to be landscaped with plans reviewed by the City Forester and the Planning Commission and approved by the City Council. Gravel will be be considered an acceptable landscape material in these spaces, unless it is designed to be covered by planting within 5 years. " Steve DeLapp 8468 Lake Jane Trail Lake Elmo, MN 55042 l i i DRAFT December 5, 2006 CITY OF LAKE ELMO CITY COUNCIL MEETING DECEMBER 5,2006 L AGENDA 2. MINUTES: November 21, 2006,November 8, 2006, October 21, 2006 3. PUBLIC INQUIRIES/PUBLIC INFORMATIONAL: A. PUBLIC INFORMATIONAL: B. PUBLIC INQUIRIRES: 4. CONSENT AGENDA: A. Resolution No. 2006-131: Approve Claims 3. Escrow Reduction for Farms of Lake Elmo C. DELETED D. Final Escrow Reduction for Cardinal View E. 2007 Liquor Licenses F. Arts Center Agreement(postponed) . G. Resolution No. 2006-132: Partial Payment Nd'llt, Park Cons 'fin—Tablyn .. Park/Lake Elmo Heights Water Main H. Resolution No, 2006-133: Partial Payment No_ 6,Riley Brothers Construction, Water System Interconnect(Jamaca Avenue, Stillwater Boulevard, 3 1"Street) I. Resolution No. 2006-134A: Partial pay.mont No 1,'tikes Mechanical Services, Inc., Tablyn Park/Lake Elmo Heights P1urh7szngxinectiors Cantract A;Resolution No.' 2006-134B: Partial Payment No. 1, Lakes ccal,SOrvices, Inc.,Tablyn Park/Lake Elmo Heights Plumbing Connect] "`'* ontr , J. TKDA Authorization N,64°4, fo dditior al Meetings and Preparations of New Public Works Building 5. FINANCE: ............... A. Resolution Na.: -135 007 General Fund Budget; and Resolution No. 20& 13G %al Ta Levy B. Resoluti©l No 2006 11`7: TotLiability Non-Waiver of Monetary Limits 6. PROJECT D1�l�CTOR'S R PORT: A. Susan Ho e�rbal date Hoyt- ?.. 7. MAINTENANCE%)3A IFIRE/BUILDING: A. Fire Dept.: Verbal'*Update 1. Donation 2. Grant to Purchase 800 MHz Radios 8. CITY ENGINEER'S REPORT: A. Old Village Sanitary Sewer Study B. Water Tower Warranty (moved to 9D) C. Resolution No. 2006-138: Well Abatement 9. PLANNING, LAND USE&ZONING: A. Resolution No. 2006-139: Eagle Point Business Park 7rh Addition PUD, Preliminary Plat and Final Plat; Resolution No. 2006-140: Section 520 Site Plan S Business Park PUD Final Plan Amendment(sign) LAKE ELMO CITY COUNCIL MINUTES December 5, 2006 1 � DRAFT December 5, 2006 C. System Statement Review(Addition) 10. CITY ATTORNEY'S REPORT: Verbal update A. EB &I Mediation Resolution B. City Planner C. Acting Interim City Administrator 11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCIL REPORTS: A. Mayor Johnston B. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith REMINDER: PlanningCommission Meeting on December g ff2006, at 7:00 p.m. — Continuation of Public Hearing on Rezoning, Zoning Ma d ing Districts tl ;:i =-- -------------- J ` a l *' S LAKE ELMO CITY COUNCIL MINUTES December 5, 2006 2 DRAFT December 5, 2006 Mayor Johnston called the meeting to order at 7:00 p.m. in the Council Chambers. COUNCIL MEMBERS PRESENT: Conlin, DeLapp, Johnson, Smith. STAFF PRESENT: Project Director Hoyt, Assistant City Planner Matzek, Finance Director/Interim City Administrator Bouthilet, City Attorney Filla,Fire Chief Malmquist, City Engineer Prew, City Clerk Lumby, and Recording Secretary Luczak. Pledge of Allegiance: I. AGENDA: Additions: 9C: METC System Statement Deletions: 4F: Art Center Agreement Changes: Move 8B: Water Tower Warranty to 1 OD: Attorney's Report M/S/P Johnson/Smith—to approve the December 5, 2006, City Council Agenda as amended. (Motion passed 4-1: DeLapp) . A:' 2. MINUTES: "Y M/S/P Johnson/Smith—to approve the November 21, 2—Qof rCity uncil Minutes as amended. (Motion passed 5-0) 3. PUBLIC INQUIRIES/INFORMATIONAI} A. Public Inquiries: None "=A 4>4 <_ : B. Public Informational: ;.: ;. . Terry Arends, 8815 27th Street,expressed` ;pcerout>:tHe 5l8 water meters being ::< > installed in the Tablyn Park homes and ques i''if he"'could receive a larger meter so that he would be able to maintai" elsame w t x pressure as before. He also stated his X. water now smells like chlqine �V Arai Bu.check,2301 Legion Av6nu stated that any future development should be south 3 of 10`h Street and questio if t :would be any conflict of interest regarding the .. . proposed Sewer: tdy area. Tim Mandel, 2479lbisbon Av pie, believed the Comprehensive Plan was complete and questioned the Count ��inter�ons since he lives next to Open Land. Council Member DeLapp stated the MOU states North of 10`h Street, and it would not happen. Dave Moore, 8680 Stillwater Boulevard, asked if a homeowner could purchase a bigger water meter if requested, and clarification of Tablyn Park and any assessments. The Council and City Engineer requested that residents wait and see if the water meter provides the same water pressure, before the City considered installation of a larger meter. The City Engineer confirmed that the chlorine smell would have been caused due to the new water tower being filled and should clear soon, and the water had not yet been tested. LAKE ELMO CITY COUNCIL MINUTES December 5, 2006 3 DRAFT December 5, 2006 4. CONSENT AGENDA: A. Resolution No. 2006-131: Approve Claims M/S/P Johnson/Conlin—to approve Resolution No. 2006-131., approving Claim Numbers 361, 362,DD983 through DD995, 30072 through 30120, were used for Staff Payroll dated November 22, 2006; 363,364, 30121 through 30159, in the total amount of $1,166,43 0.06 are hereby approved. (Motion passed 5-0) B. Escrow Reduction for Farms of Lake Elmo M/S/P Johnson/Conlin—to approve Escrow Reduction for Farms of Lace Elmo, as presented in the City Engineer's Memo dated November 30, 2006. (Motion passed 5-0) C. Deleted D. Escrow Reduction for Cardinal View M/S/P Johnson/Conlin—to approve Escrow Reduction for Carding! View, as presented in the City Engineer's Memo dated November 28, 2006. (Motion, a'sed 5-0) E. 2007 Liquor Licenses - M/S/P Johnson/Conlin—to grant a 2007 On-Sale into�J j15ting liqu i d On-Sale Sunday intoxicating,liquor license to 3M Club of St. Paulda %rators of Tart 'ark and to the Machine Shed Restaurant by Heart of America urant d Inn; conditioned on approval by the Washington County Sheriffs Depl iVlon passed 5-0) M/S/P Johnson/Conlin—to grant a 20071 ' le ntoxcg liquor, Off-Sale intoxicating liquor,and On-Sale Sunday inxct lquoRcense to the Twin Point Tavern and Lake Elmo Inn; conditioned on`` PW@ l ie Washington County Sheriff's Dept. (Motion passed 5-0) : F. Arts Center A reg_ erZostnme G. Resolution No :2006.l 32 J' rtial Payment No., 5 Park Construction--Tablyn. Park/Lake ElmolMats � l r_ M/S/P JohnsoiMmlin—to adq t Resolution No. 2006-132, approving Partial Payment No. 5 to Park Cottruction, Change Order No. 3 and No. 4, in the amount of $541,852,36, for ts for the Tablyn Park/Lace Elmo Heights Water Main. (Motion passed H. Resolution No. 2006-133: Partial Payment No. 6, Riley Brothers Construction, Water System Interconnect—Phase III lJamaca Avenue, Stillwater Boulevard 31 st Street M/S/P Johnson/Conlin—to adopt Resolution No, 2006-133, approving Partial Payment No. 6, to Riley Brothers Construction, for the Water System Interconnect—Phase III (Jamaca Avenue, Stillwater Boulevard, 31", Street), in the amount of$53,412.88. (Motion passed 5-0) I. Resolution No. 2006-134A: Partial Payment to Lakes Mechanical Services, Inc., Tablyn Park%Lake Elmo Heir is Plumbing Connections Contract A,Resolution No. 2006-134B: Partial Payment to Lakes Mechanical Services, Inc., Tablyn Park/Lake Elmo Hei htg s Plumbing Connections, Contract B LAKE ELMO CITY COUNCIL MINUTES December 5, 2006 4 - DRAFT December 5,2006 M/S/P Johnson/Conlin—to adopt Resolution No. 2006-134A,approving Partial Payment No. 1, to Lakes Mechanical Services, Inc. for Tablyn Park/Lake Elmo Heights Plumbing Connections—Contract A, in the amount of$155,192.00,verified by the City Engineer. (Motion passed 5-0) M/S/P Johnson/Conlin—to adopt Resolution No. 2006-134B, approving Partial Payment No. 1,to Lakes Mechanical Services, Inc. for Tablyn Park/Lake Elmo Heights Plumbing Connections—Contract B, in the amount of$65,695.35,verified by the City Engineer. (Motion passed 5-0) J. TKDA Authorization No. 4, for Additional Meetings and Preparations of New Public Works Building M/S/P Johnson/Conlin—to authorize TKDA to Conduct Additional Meetings and Preparations as Necessary to Defend Legal Claims for the New Lake Elmo Public Works Facility. (Motion passed 5-0) 5. FINANCE: �\ A. Resolution No. 2006-135: 2007 General Fund Bud et, , Resolution No. 2006-136: Final Tax Lew ,; Finance Director Bouthilet informed the Council thatladget meetings Nilbr 2007 began in June,2006, and the Council had adopted the prosed levyft d budget. ''The budget could not be raised, but could be lowered. The avege * rne has seen a 6.4% increase, nNE but there has been a slight decrease in the tax rate. A Public Hearing was conducted on Decex 4er 49(}Of, and our residents appeared. r xg.l�"M. Their comments have been taken into consld at tin. The Finance Director provid twa relutionsor Adoption of the Final 2007 Budget and Levy. He reported theb.67 prose1tax rate has been reduced from 19.35% in 2006 to 19.27% and reflects�`2� 5%increase the Levy which is primarily attributed to an increase in property�aluatin M/S/P Johnsto ` 'mith—to ac'ip#Resolution Nos. 2006-135, approving the General Fund Budget in the aunt.of$3,95108.00. (Motion approved 4-1: DeLapp,three consecutive increase _ nc1 get fetter fiscal discipline) Council requested that Xrerly Reviews be scheduled during the Council Workshops to conduct an intense budget and financial project review. The CIP is a planning document. M/S/P Johnson/DeLapp—to adopt Resolution No. 2006-136, approving the Final Tax Levy in the amount of$2,428,600.00, (Motion passed 5-0) B. Resolution No. 2006-137: Tort Liability Non-Waiver of Monetary Limits The Finance Director recommends the City to adopt a resolution stating that the City does not waive the monetary limits on municipal tort liability as established under Minnesota Statutes §466.04. Currently, each occurrence is$1,000,000.00/person. ConlihzDeLapp—to adopt Resolution No, 2006-137, approving the Tort Liability Non-Waiver of Monetary Limits. (Motion approved 5-0) LAKE ELMO CITY COUNCIL MINUTES December 5, 2006 5 DRAFT December 5, 2006 6. PROJECT DIRECTOR'S REPORT: Verbal Update Project Director Hoyt updated the Council on the implementation of the Old Village Master Plan and the water project with 3M and MDH. She has been contacted by several people and is getting the feel of the project, what decisions are needed and what needs to happen. Utilities, sewer service area, engineering infrastructure and streetscape and park costs are being gathered so the plan can move from the vision stage to reality. An RFQ on the Alternative Urban Area Study RFQ has been sent, which will be due in January 2007. 7. MAINTENANCE/PARK/FIREBUILDING: A. Fire Dept.: Verbal 1. Donation Fire Chief Malmquist informed the Council the Fire Dept. had received a $3,000.00 donation from Retail Construction Services, and the Dept. would be utilizing the money toward the purchase of an inflatable rescue boat. M/S/P DeLapp/Smith—to accept the$3,000.00 donation fro. €.1111R.M.etail Construction Services,and to write a letter thanking them. (Motion pad S= : 2. Grant to Purchase 800 MHz Radios 4 Fire Chief Malmquist updated the Council about;..l.. ` .:::. Application Grant Grant applied for earlier in 2006 has been awarded. Bob Sherrriffi=Cl `Malmquist, and two Members from the Woodbury Fire Dept. worked toðer on bARR, of the 15 fire depts. in ,: Washington County to submit this grant t 1; ;;ipprpose &.the purchase of the 800 MHz ' Radios. Their successful a lical will 11 VtZ'00.0. 00 of Federal funds into the County, which will be distributed among al 'fhe ce >r It is the largest grant awarded in the nation,to date. * * This Grant does require a riadtch by r= = les o meet the 80/20 requirement. Lake 4 Elmo's share is already budAWAt ce the`' stem is activated, there will be a$400/year per radio user fee pa _ ash - County. The 15 fire depts. in Washington County will pay approxirely $2001yto the County. City Council also" tgratulate the Fire Dept. on their accomplishment. 8. CITY ENGINEER'S DEPORT: City Engineer Prew updated the Council on the boundaries for the Old Village Sanitary Sewer Study. The Memo of Understanding (MOU) shows that the City should design the sewer system for 2,750 Equivalent Residential Units (ERU). Because this area will require a lift station and a forced main, the capacity of the pipe is variable. The recommended design is for a minimum of 1,000 ERU. The City Engineer stated that the boundaries of the Study Area between 20fh Street and 30th Street could be for retrofitting. Council discussed the range proposed,the size of the pipe and pump, and questioned when a decision was needed. Council Members also requested that the Heritage Park, Eden Park, and the older houses on 301h Street 201 System be include in the Study. LAKE ELMO CITY COUNCIL MINUTES December 5, 2006 6 DRAFT December 5,2006 M/S/P Johnston/Smith—to direct the City Engineer to perform the Old Village Study using an initial sewage usage of 1,000 REC's and an ultimate use of 3,000 REC's. (Motion passed 5-0) M/S/P Johnston/Smith—to direct the City Engineer to use the shaded area in the present zoning area, as shown on the attached figure dated November 30,2006, as the Old Village Sewer Study area. (Motion passed 4-1: DeLapp—potential failing systems should have the option) B. Water Tower Warranty (moved to 9D) C. Resolution No. 2006-138: Well Abatement The City Engineer informed Council there is one residence refusing to participate in the well sealing program. The resident is unwilling to allow the City to cap his well without compensation. City Engineer Prew is requesting the Council to direct the City Attorney to proceed with Abatement Action. M/S/P Johnson/Johnston—to adopt Resolution No. 2006 3 $,dieting Abatement . Action for the residence at 9198 31 S` Street North. (Motion passed 4-0-1: Conlin-Abstained) 9. PLANNING,LAND USE & ZONING: \ , A. Resolution No. 2006-139: Ea le Point Busindss Park 7"'Addition,PUD, Preliminary Plat and Final Plat; Resoluti(O No 2006-14{3; Section 520 Site Plan Assistant Planner Matzek reported that the.Plannin ComrMsion conducted a Public Hearin on November 27, 2006, and recommended appr'l-al of the Eagle Point Business Park 7t Addition and a Section.5 ate Plan_lor" one of the newly created lots. The Council also discussed, issu i� 'ling parking spaces, and possible flooding due to the enlargement of thy`:;, M°Mvithin ekagle Point project. Dale Glowa, with_ 11 ed 'r e,.,rti6sf=;;;addressed the parking concerns, lighting and Valle ; �! p g g g y � Branch approv garding thWanlargement of the pond. M/S Smith/Johnson' �adoJx Resolution No. 2006-139, approving the Preliminary Plat and Final Plat,and Res1zn No. 2006-140, approving the Site Plan for Eagle Point Business Park 7th Addition. M/S/P Johnson/DeLapp.....to amend Resolution No. 2006-139 and Resolution No. 2006-140,to include the recommendations of the City Engineer and Planning Commission as conditions of approval. (Motion to amend passed 5-0) M/S/P Smith/Johnson—to adopt Resolution No. 2006-139, approving the Preliminary Plat and Final Plat,and Resolution No. 2006-140, approving the Site Plan for Eagle Point Business Park 71h Addition as amended. (Motion passed 5-0) LAKE ELMO CITY COUNCIL MINUTES December 5, 2006 7 DRAFT December 5, 2006 B. Resolution No. 2006-141: Eagle Point Business Park PUD Final Plan Amendment si n Assistant Planner Matzek recommends approval of the requested PUD Final Plan Amendment. In 1999, a PUD Development Stage Plan was approved for the entire Eagle Point Business Park site. As a part of that plan,a master sign plan was submitted for the entire PUD site and sign types were established. The applicant is proposing to move the location of the"secondary signage"from the northeast corner of Inwood Avenue and Hudson Boulevard to the southeast corner of Hudson Boulevard and Eagle Point Circle. The sign would be subject to the condition that it would be located at least 145 feet from any property line or public street right-of way line. M/SIP DeLapp/Smith—to approve the Final PUD Plan amendment of the Eagle Point Business Park to permit a secondary project identification sign per;plans Staff dated November 21, 2006. (Motion passed 5-0) C. System Statement Review "" Council Member DeLapp stated again Council is not b R kept informed, and the Mayor was meeting with the METC regarding the MOU. `ihen asked wh rn Weaver couldn't come before the Council, instead of a r Ient con Ming the INTC for information. -- "Y M/S Johnston/Smith—to allow the Assiste ?lanner ti -review the document, and :.: present to the Planning Commission, and rurri"t€ :_Cauzi `il with an informed .; discussion. .<7M :-- 61 Point of order was requested by�Couri Y Me milk Johnson stating there needed to be a time limit on debate. M/SIP Johnston/Smx,.�� vplac _ __tame limit on Debate. (Motion passed 3 eLaponll 10. CITY ATTO' EY'S RLMRT: Verbal A. EB &I Medi ddn Readt tion City Attorney Filla recftct.ffWrequest from EB & Ito enter into a Binding Arbitration i Agreement with Park Construction. Attorney Filla does not know if this would be best for the City and will be contacting the LMNC. B. City Planner City Attorney Filla announced that after a three-part Performance Evaluation, City Planner Dillerud agreed to resign his position, effective December 6, 2006. Mr. Dillerud will work on a consultant basis until July 7,2007, on zoning matters and matters assigned by Acting City Administrator Bouthilet. LAKE ELMO CITY COUNCIL. MINUTES December 5, 2006 8 DRAFT December 5, 2006 C. Actin Interim nterim City Administrator Mayor Johnston requested the Council to extend the Interim City Administrator's duties until the new Administrator is hired. M/S/P DeLapp/Johnson—to appoint Thomas Bouthilet, Finance Director, as Interim City Administrator/Treasurer until a new City Administrator has been hired,to reimburse him for the additional responsibilities, and to suspend the City's Policy regarding the supervising of relatives during the interim period.. (Motion passed 5-0) D. Water Tower Warrant Addition City Attorney Filla informed the Council on the status of the water tower warranty, stating that Tank Industries, an independent contractor, had inspected the tower. The Contractor has agreed to increase the warranty to five (5) years, but not the 1-3-5 year inspections by an independent contractor. 11. CITY ADMINISTRATOR'S REPORT: None 12;CITY COUNCIL REPORTS: A. Mayor Johnston announced to the viewing audience to go visit the Lake Elmo Regional Art Center; Legislative Agenda is currentlyMiscussing optioriso improve traffic enforcement. B. Council Member Conlin updated Council and ing audience about the Lake Elmo Heights area streets are being reevad::::for sea . ng per City Engineer Prew. C. Council -Member DeLapp agreed ab t ems:problems. D. Council Member John-On congi ttulated a Fire Dept., and directed Staff to evaluate resources and staffixig nee dssess ent . E: Council Member Smith w surprised about the speed issue. Meeting Adjourned at 10:05 p; . t,� REMINDER: Planning (ninmission Meeting on December 1, 2006, at 7:00 p.m. Continuation of Public Hearing on Rezoning, Zoning Map and Zoning Districts LAKE ELMO CITY COUNCIL MINUTES December 5, 2006 9 DRAFT December 5, 2006 Resolution No.2006-131: Approve Claims Resolution No. 2006-132: Partial Payment No. 5, Park Construction—Tablyn Park/Lake Elmo Heights Water Main Resolution No. 2006-133: Partial Payment No. 6, Riley Brothers Construction, Water System Interconnect (Jamaca Avenue, Stillwater Boulevard, 31" Street) Resolution No. 2006-134A: Partial Payment No. 1,to Lakes Mechanical Services, Inc. for Tablyn Park/Lake Elmo Heights Plumbing Connections—Contract A Resolution No. 2006-134B: Partial Payment No. 1,to Lakes Mechanical Services, Inc, for Tablyn Park/Lake Elmo Heights Plumbing Connections—Contract B Resolution No. 2006-135: Final 2007 General Fund Budget Resolution No. 2006-136: Final Tax Levy Resolution No, 2006-137: Tort Liability Non-Waiver of Monetary Limits Resolution No. 2006-138: Well-Abatement Resolution No. 2006-139: Eagle Point Business Park 7th Additiott PUD, Preliminary Plat and Final Plat; Resolution No. 2006-140: Section.520 SAVI'lan Resolution No. 2006-140: Eagle Point Business Park Seen 524 Site Plan Resolution No. 2006-141: Eagle Point Business Park P , Amendment (sign) x s 4;. 4 i \4`3 _ .. '". .. a::»» LAKE ELMO CITY COUNCIL MINUTES December 5, 2006 10 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-142 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 365, 366, DD996 through DD 1019, 30160 through 30182, were used for Staff Payroll dated December 71", 2006; 30183 through 30244, in the total amount of$432,295.67 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 19th day of December, 2006. Dean A. 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N DN\ -O NI 1 VVJ d `fLeO\ ON1 OSQ, NN NN �� � NZ ( NN � � � c_3 (� N-.. ..+ o .-r .-. .--. .-r .--! — — .-n r-. .-+ — r-1 r-1 .--r '-1 - W r-t '-1 — d 00 C8 00 00 mr*1 N .• .-• (y ONO� NCI' d\I� VIh OON tR •- .-., N •-+ r+� fV V'r N �D �D M v) i+ 1� tV t0 O Vl b ern fV N � � Ir; V'y �rj V1OrPr �OOfV00M1� In00CM d' Ir; ChO+ 011� NN 00 00 r- %Dn t- 00 en � pp 00 C\O 00 M 00 ('.] 00 O� fnO Vl .... ^ r ,*en00�DehCh etMMM rnOrnMODpop eq a V En a� 9 ° o In y [ led) Lfa r • Q TJ U y b 4- x �n fn U'>'m ° Q• ° CD t4 n.� Cj D y O i o p O ° p C ° a to $ • U , FF oF. �tf- � QE� "rnfnE� " rn > 3 " A � c�� � � � � U � �`�U � 64� 'c�� 0�') A+ f/� Vl � i1e [7� tVN ° o a F U ` ) Q' oo o. 0 IO f`- h f- h l- f, n ONO U pp •--� ^- N NNNNNNNNNN NNNNNMM vi t` t� t- rt, rt` r• t• f� t` f� r � � � V) D ri rn � i000008 � ac � 000 r" m I �+ 000OOOpd 000 8opp O00 00In N 0 y 00 o y o CO Op o A C Op O O C Op o o n O p 0 o g N O NO Op cp O o O o r.. > O ✓ m ✓ N ✓ O r7 d > C S 0 0 0 0 0 0 0 0 0 0 0 0 Q O O 0 O O C, y a. z° z° z° z v 00 rr,o 0, 2 OCD -+ MM NO _OOO_ 000 P O O �n ((yy �P O O O �D 00 00 00 00 00 00 00 M M M M M M M M M M M M 17 OOO q0 COO 99909OO e� 8n Q O O N M O �ozi Y 1 O ep} O Obi a, N7 T � VNlM0�1 in 0% NM o no tno rn � tnoa K6 olld � dd Z It 7 x � x � � � 6 q In m In m V U + N a\ any' OQOti' V O V OHO V PO UOO � O BOO 07 GCS A �A �O �p %D ID �G�D ti0 �D � %O ID O O o O O CD O 0 0 0 0 0 0 G O O o O O O P O O O O O O O N �1N N (``1NNN �V �. GTrno Q, o+ ova a,Cio,C� o� o a 9 aaa a a as aaaCA MIn 't %0 NN oo t1Or �na� e` Noo �n �D NN to 00 It %O M 0% O O In O V� N �--�\O a\ d' 00 r M �D OP % � 'G!' CI 00 V'i00CNOus (`! M d � n � n tC NN nM+ M MNh G+ � [�O% It cn NN - en M C!1 h r L In ! 50 0 In > � a UZ o a°4 � O � G 0 w � Q cMnN }9 41 yx U ' ac x w � Eo t9 o� Mxax z a. U ,.a M �M'TM p rt` t- Q wrt` [� O� Mt` � y a �� 3d o xSO 0000 00 avi �d v PPO moo, NM S" OOOtn V1NM O 000 oer o o � ,n o U T! \O •d •C7 'b h V'1 vy N M �O h Y r C, O � yN doCDg Co > > > y- TKDA 1500 Piper Plaza 444 Cedar Street Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax MEMORANDUM www.tktla.com To: Kelli Matzek Reference: Escrow Reduction#4 Copies To: Todd Erickson, P. E. Sanctuary Sharon Lumby City of Lake Elmo, Minnesota Project No. 13267.000 From: Thomas D. Prew, P.E. Routing: Date: December 14, 2006 An escrow reduction has been requested for the drainfield work completed. I would recommend that escrow be reduced to the amounts listed below: Item Original Amount Work Remaining Site Grading/Turf Establishment $0.00 $0.00 Storm Sewer $285.209.00 $5,000.00 Sanitary Sewer $132,468.00 $5,000.00 Drainfield $775,000.00 $50,000.00 Watermain $510,339.00 $5,000.00 Streets $488,948.00 $5,000.00 Street Signs $1,000.00 $1,000.00 Landscaping $110,000.00 $110,000.00 Subtotal $2,302,964.00 $181,000.00 125% Security $2,878,705.00 $226,250.00 An Employee Owned Company Promoting Affirmative Action and Equal Opportunity CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-143A A RESOLUTION APPROVING PARTIAL PAYMENT NO. 29 TO LAKES MECHANICAL SERVICES, INC. FOR TABLYN PARK/LAKE ELMO HEIGHTS PLUMBING CONNECTIONS — CONTRACT A BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 1 to Lakes Mechanical Services, Inc. for Tablyn Park/Lake Elmo Heights Plumbing Connections — Contract A in the amount of$43,731.11, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 19th day of December, 2006. Dean A. Johnston, Mayor ATTEST: Thomas Bouthilet, Interim City Administrator T=.K=DA 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS°PLANNERS (651)292.4400 (651)292-0083 Fax www.Ikda,com Proj. No. 13524.000 Cert.No. 2 St. Paul, MN, December 15 , 20 06 To City of Lake Elmo Minnesota Owner This Certifies that Lakes Mechanical Services Inc. , Contractor For Tablyn Park/Lake Elmo Heights Plumbing Connections-Contract A Is entitled to Forty-Three Thousand Seven Hundred Thirty-One Dollars and 11/100--------------------($43,731.11� being 2nd estimate for partial payment on contract with you dated October 17 2006 Received payment in full of above Certificate. TKDA Lakes Mechanical Services, Inc. , 20 Thomas D. Prew, P.E. RECAPITULATION OF ACCOUNT CONTRACT ! PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 527,410.00 All previous payments $ 155,192.00 All previous credits Fxtra No. Credit No. $ - it 11 AMOUNT OF THIS CERTIFICATE $ 43,731.11 Totals $ 527,410.00 $ 198,923.11 $ - Credit Balance $ - There will remain unpaid on contract after ....meiit'oi;t i3s Cart sate _........... _ _......._........._._....._................-..... P Y $. .... . 328,486.89 _....... ..__ $ 527,410.00 is 527,410.00 $ - An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TKDA Engineers-Architects-Planners Saint Paul, Minnesota 55101 PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No, 2 Period Ending December 14 ,20 06 Page 1 of 1 Proj,No. 13524.000 Contractor Lakes Mechanical Services Inc. Original Contract Amount $527,410.00 Project Tablyn Park/Lake Elmo Heights Plumbing Connections-Contract A Location City of Lake Elmo, Minnesota Total Contract Work Completed $ 209,392.75 Total Approved Credits $ 0.00 Total Approved Extra Work Completed $ 0.00 Approved Extra Orders Amount Completed $ 0.00 Total Amount Earned This Estimate $ 209,392.75 I I I Less Approved Credits $ 0.00 Less 5 %Retained $ 10,469.64 Less Previous Payments $ 155,192.00 Total Deductions $ 165,661.64 Amount Due This Estimate $ 43,731.11 Contractor Date Lakes Mechanical Services,Inc. Engineer Date December 15.200E Thomas D. Prew,P.E. ESTIMATE NO,2 PERIOD ENDING: December 14,2006 TABLYN PARK/LAKE ELMO HEIGHTS PLUMBING CONNECTIONS CONTRACT A CITY OF LAKE ELMO,MINNESOTA TKDA PROJECT NO. 13524.000 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE CONTRACT A 1 OBTAIN PLUMBING PERMIT EA 102.0 44.00 $ 4,050.00 $ 178,200,00 2 INSTALL WATER METER/PLUMBING WORK EA 102.0 32.00 $ 680.00 $ 21,760,00 3 SALVAGE GRANULAR ACTIVATED CARBON (GAC)FILTER EA 7.0 4.00 $ 350.00 $ , 1,400.00 4 ADDITIONAL PLUMBING WORK HR 300.0 41.77 $ 75.00 $ 3,132.75 5 ADDITIONAL CARPENTRY, SHEET ROCK, PAINTING HR 200.0 0.00 $ 65.00 $ - 6 CONNECT SERVICE LINE TO EXISTING WELL PIPING OUTSIDE OF THE HOUSE EA 10.0 7.00 $ 700.00 $ 4,900,00 TOTAL ESTIMATE NO.2 $ 209,392.76 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-143B A RESOLUTION APPROVING PARTIAL PAYMENT NO. 29 TO LADES MECHANICAL SERVICES, INC. FOR TABLYN PARK/LAKE ELMO HEIGHTS PLUMBING CONNECTIONS — CONTRACT B BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 1 to Lakes Mechanical Services, Inc. for Tablyn Park./Lake Elmo Heights Plumbing Connections — Contract B in the amount of$181,871.90, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 19th day of December, 2006. Dean A. Johnston, Mayor ATTEST: Thomas Bouthilet, Interim City Administrator T jmD Saint Cedar Street,Suite 1500 Saint Paul,MN 55101.2140 ENGINEERS-ARCHITECTS-PLANNERS (651)292-4400 (651)292-0083 Fax www.Ikda.com Proj. No. 13524.000 Cert. No. 2 St. Paul, MN, December 15, 320 06 To City of Lake Elmo, Minnesota Owner This Certifies that Lakes Mechanical Services Inc , Contractor For Tablyn Park/Lake Elmo Heights Plumbing Connections - Contract B Is entitled to One Hundred Eight-One Thousand Eight Hundred Seventy-One Dollars and 90/100---($181,871.90) being 2nd estimate for partial payment on contract with you dated October 17 2006 Received payment in full of above Certificate. TICDA Lakes Mechanical Services, Inc. 20 Thomas D. Pre«-, P.E. RECAPITULATION OF ACCOUNT CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 555,000.00 All previous payments $ 65,695.35 AD previous credits Ddra No. „ „ Credit No. $ - AMOUNT OF THIS CERTIFICATE $ 181,871.90 Totals $ 555,000.00 $ 247,567.25 $ Credit Balance $ - There will remain unpaid on contract after ._................_..__.......__....;.........._....._.._....... ... ....__...._........... .. . . ............. ......._........................_........ _..._._._......_._.........._.........._............................. ..._._.............._. ..... .. ..__ payment of this Certificate $ 307,432.75 $ 555,000.00 $ 555,000.00 $ - An Employee Owned Company Promofing Affirmative Action and Equal OpportunV ESTIMATE NO.2 PERIOD ENDING: December 15, 2006 TABLYN PARKILAKE ELMO HEIGHTS PLUMBING CONNECTIONS CONTRACT B CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 13524.000 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE CONTRACT B 1 OBTAIN PLUMBING PERMIT EA 96.0 55.00 $ 4,050,00 $ 222,760.00 2 INSTALL WATER METER/PLUMBING WORK EA 96.0 25.00 $ 900.00 $ 22,500.00 3 SALVAGE GRANULAR ACTIVATED CARBON(GAG) FILTER EA 12.0 2.00 $ 400.00 $ 800.00 4 ADDITIONAL PLUMBING WORK HR 300.0 59.03 $ 80.00 $ 4,722.40 5 ADDITIONAL CARPENTRY, SHEET ROCK, PAINTING HR 200.0 3.21 $ 70.00 $ 224.70 6 INSTALL BOOSTER PUMP EA 20.0 3.00 $ 1,400.00 $ 4,200.00 7 CONNECT SERVICE LINE TO EXISTING WELL PIPING OUTSIDE OF THE HOUSE EA 10.0 6.00 $ 900.00 $ 5,400,00 TOTAL ESTIMATE NO.2 $ 260,597.10 r TKDA Engineers-Architects-Planners Saint Paul, Minnesota 55101 PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No. 2 Period Ending December 15 20 06 Page 1 of 1 Proj.No.— 13524,000 Contractor Lakes Mechanical Services Inc. Original Contract Amount $555,000.00 Project Tablyn Park/Lake Elmo Heights Plumbing Connections Contract B Location City of Lake Elmo, Minnesota Total Contract Work Completed $ 260,597.10 Total Approved Credits $ 0.00 Total Approved Extra Work Completed $ 0.00 Approved Extra Orders Amount Completed $ 0.00 Total Amount Earned This Estimate $ 260,597.10 Less Approved Credits $ 0.00 Less 5 %Retained $ 13,029.86 Less Previous Payments $ 65,695.35 Total Deductions $ 78,725.21 Amount Due This Estimate $ 181,571.90 Contractor Date Lakes Mechanical Services, Inc. Engineer Date December 15,2006 Thomas D. Prew,P.E. Lake Elmo Agenda Section: CONSENT AGENDA No 4 E. City Council Dec. 19,2006 Alzenda Item: Street Name Change Within the Plat of HIDDEN MEADOWS OF LAKE ELMO is a small street running generally north/south (see attached map) that was platted as Kindred Avenue North. The applicant chose that street name even though the street aligns with Kelvin Avenue North. City street names and addresses are issued by the Building Official. The Building Official issued an address for the church as 5825 Kelvin Avenue North. After the building permit was issued, there was confusion because contractors would refer to Kindred and city files and addressing refer to Kelvin. Action Items: Person responsible: Motion /Second , to change the name of Kindred Avenue North within the Plat of HIDDEN MEADOWS OF LAKE ELMO to Kelvin Avenue North because its north/south alignment is to Kelvin Avenue in other areas of the city, and to direct staff to notify the owner and appropriate agencies of the change,particularly the 9-1-1 Emergency System. Attachments: Time Allocated: Location Map Resolution to Change Street Name R21W REOW R19W 7'32N 771N t Q T3)N 731N-� t DIAN III L 3RD SUBDIVISIO ; _o t ` ♦ a you ARSE ON 3 n 129N 729N cnva hwe nMp ' mmnr 728N T2RN , aurz y 111 r 3 T27N T27N t HIDDEN MEADOWS OF LAKE R(MO •• R22W R21W R20W i 59TH STREET uj t Z Vidnfty Map ui Ov _ tt 600 Scale in Feel a e . a �x • F JESSE'S I mle drmying 19 tha reeVR of•opmplhlbn pW ' -------- endnpoduglan ofland racartla ea they appear Nvadaw Waaninglon CounlV olRcec. The drawing should be wed la relerenca -PP.' bl 4.nv h..l—d... 15 rwt h. Z 43D.6575 P-1dtm mmd m ASdao lnfoton5UWaaLocation Map � NnglonCourtySrvys§05a- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-144 A RESOLUTION RENAMING KINDRED AVENUE NORTH TO KELVIN AVENUE NORTH WITHIN THE PLAT OF HIDDEN MEADOWS OF LAKE ELMO WHEREAS, the City of Lake Elmo previously named a platted roadway as Kindred Avenue North within its jurisdiction which is located within Section 2, Township 29 North, Range 21 West; and WHEREAS, the City of Lake Elmo desires to rename that portion of Kindred Avenue North to Kelvin Avenue North, and wants.to ensure that all local jurisdictions are aware of the change and also wants to ensure that the new name is placed in the 9-1-1 system; and WHEREAS, a Resolution is necessary to change the name of a street, and the information and the Resolution must be forwarded to the Washington County Surveyor's Office in order to effectuate the change, NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Lake Elmo does hereby approve and accept that Kindred Avenue North which lies in those portions of Section 2 within the City of Lake Elmo as identified within the Plat of HIDDEN MEADOWS OF LAKE ELMO is hereby renamed to Kelvin Avenue North. BE IT FURTHER RESOLVED,that the City Clerk shall provide a certified copy of this Resolution to the Washington County Surveyor's Office and any other department within Washington County to ensure that the name is placed within the records of Washington County and the 9-1-1 Emergency System. ADOPTED, by the Lake Elmo City Council on the 19th day of December 2006. Dean A. Johnston, Mayor Attest: Thomas Bouthilet, Interim City Administrator Lake Elmo Agenda Section: FINANCE No . 5A City Council 12-19-2006 Agenda Item: Miller Variance Refund Request Background Information for December 19,2006: Attached, please find a letter from Neil and Elizabeth Miller requesting withdrawal of their variance application and refund of$725.00. Neil and Elizabeth Miller submitted a variance application for lot width on a public street, lot size and lot size for septic on October 27, 2006. It is my understanding that many meetings and conversations have taken place in the past 2-3 months with the previous City Administrator and City Planner. I am unaware of the results of the previous discussions which makes it difficult to determine the validity of this request. A public hearing was published, public hearing notices mailed,two staff reports written by the Assistant Planner and reports were received from the VBWD, DNR and the City Engineer.A copy of November 27°i Planning Commission minutes have been provided for your review. Please note it is City Policy not to grant refunds for variances denied. Action Items: Person responsible: Tom Bouthilet Attachments: 1. Letter of Withdrawal/Refund Request 2. November 27, 2006 Planning Commission Minutes FROM FAX NO. :6517798812 Dec. 11 2006 12: 28PM P2 December 11,2006 To; Interim City Administrator Tom Bouthilet From: Neil and Elizabeth.Miller Due to the inadequacies and inexperience of some city staff members we hereby withdraw our variance request to build on lots 0502921440024 and 0502921440026 ill Lane's Dernointreville, We are requesting a full ref and of the seven hundred and twenty tyre dollars($725) we submitted with the application. Respectfully. Neil and Elizabeth Miller 1 i APPROVED: 12/11/06 City of Lake Elmo Planning Commission Meeting Minutes of November 27, 2006 Chairman Helwig called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m, COMMISSIONERS PRESENT: Van Zandt, Deziel, Ptacek,Roth, Lyzenga, Sel-ineider, McGinnis,Armstrong, and Commissioner Fliflet, COUNCIL PRESENT: Mayor Johnston and Councilmember Johnson. STAFF PRESENT: Finance Director Bouthilet, Assistant Planner Matzek and Recording Secretary Anez. Pledge of Allegiance Agenda M/S/P, Ptaeek/Van Zandt to accept the Agenda as presented. Vote: 9:0. Minutes M/S/P, Roth/Flifltet to accept the Minutes of November 6, 2006 as presented. Vote: 8:0:1, Abstain: Ptacek-Absence. M/S/P, PtaceldRoth to accept the Minutes of October 30, 2006 as presented. Vote: 9:0. Public Hearing: Variances on Bennett Avenue for Neil and Elizabeth Miller The Assistant Planner introduced the application for the variances for The Miller's property on unimproved Bennett Avenue. She explained the past vacations of two roads and the unimproved dedicated roads that remain. The road frontage requirements in the R-1 Zoning District are 125 feet, and the applicants only have sixty feet on the unimproved Bennett Avenue. The Assistant Planner reported that the Fire Chief said he would prefer 14 feet in width and height for safety vehicle access. He also said he has concerns with the curves and corners in the proposed driveway as well. Assistant Planner Matzek said that the driveway would be created on a neighboring parcel then crossing the city's right-of-way. An agreement would have to be drafted to protect the city from liability for the crossing of the right of way. She pointed out that shared driveways also sometimes present problems for maintenance issues. The Assistant Planner said the address files for two neighbors had drainage reports and a history of flooding on those parcels is well documented. Valley Branch Watershed District added requirements for lowest floor elevation as well as the requirement that a watershed district permit would be necessary for any work at or below 932.5 feet in elevation. The Assistant Planner pointed out that the northern parcel was assessed as a Recreational Lot when the roadway was improved in the past. The Assistant Plaimer recommended denial of the application for vari ........................ ......... ... .. ... concerns and the impact oil adjacent properties based upon flooding history. She said that if the Planning Commission recommends approval, an easement agreement for the driveway would be a requirement of approval. Lake Elmo Planning Commission Meeting Minutes from November 27,2006 1 APPROVED: 12/11/06 Neil and Elizabeth Miller Mr. Miller asked if the Assistant Planner had visited the site. He said that no homes are served by those two roads. The driveway on the Severin property goes straight out to 5V' Street, Mrs. Miller said they could meet the 14 feet requirement for fire access and for emergency vehicles to turn around. They would be willing to meet the fire chief to create that. Mr. Miller said shouldn't the previous owner have been required to combine the two parcels in the past. He said that the parcels combined would meet the city's 60%rule. He said that the City Engineer is wrong,that Argyle Street and Bennett Avenue are not being used. Snow plowing would not be performed by the city, and there would be no reason for it because they are not improved roads. Mrs. Miller asked why it would be a Health, safety, and welfare issue. She said that the existing driveway has been there for seventy-five years. She asked why not vacate the streets there. She said they would be able to meet city requirements as a piece of calve. Mr. Miller said the bank thought it was buildable with the access easement from 8012 50th Street North or they would not have loaned them the money. He said the land is worthless if it can't be built upon. The Assistant Planner said she was unable to see the lot from the road because it was not staked and the parcel is landlocked. The planner explained it would not meet the 60%rule because that section of the code addresses a parcel of record in October of 1979 that is 60%of the lot size standard. These parcels were not combined and have not been a parcel of record since 1979. Commissioner Ptacek asked whether the applicants purchased both lots. They said they did purchase two property identification numbers. Commissioner Ptacek said it is incumbent upon the owner to consolidate. He said it is unclear precisely where they want to place the driveway. The applicant presented an aerial that Commissioner Ptacek said verified the engineer and chief s concerns about angles and access for the driveway. I Commissioner Deziel asked if there is a maintenance agreement with the owner of the underlying land for the ingress/egress easement. The applicants said they could do that if that is a city requirement. Commissioner Van Zandt asked if they met with staff prior to purchasing this land. They replied that they met with the administrator and city planner one year ago. At that time,they said that the concern was for lot size and not so much the access. Chairman Helwig asked the width and height of the existing driveway. They did not know the answer, He asked if The Severins would he willing to improve their driveway to that extent. The applicants said they would. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:37 P.M. Kevin Clerntens 7920 Hill Trail North Mr. Clemmons said he lives west of and adjacent to the wetland that abuts the subject property. That property is upslope from the wetland. He said he is worried about the wetland; there is a fragile ecosystem in that small pond. If the runoff would cause it to flood it could be damaged beyond repair, 1.5 acres as a minimum lot size is also a quality of life issue and neighbors in the area would like that standard to remain. Carl Abrahamson,Resident Mr. Abrahamson said he has lived there 42 years and knows why they left those two roads open. The roads could be used in the future by the city. All the roads in the neighborhood are 30 feet Lake Elmo Planning Commission Meeting Minutes from November 27,2006 2 APPROVED. 12/11/06 wide. Owners take care of plowing in there. He did express concern for the fire department access. He said if that portion of Bennett Avenue adjacent to the subject parcel was not vacated it could be buildable. He recommends approval with the conditions including widening the driveways. Commissioner Pelletier read two letters, one from Michael and Maura Severin of 8012 501" Street North (attached) and the other from Allen R. Siedle of 7951 Hill Trail Court (attached). THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:43 P.M. Commissioner Deziel said a city 201 System was built into unimproved Argyle Street and the fence around it runs nearly down the middle so he assumed that meant Argyle Street was not going to be improved. Commissioner Fliflet asked when the land was purchased. The Millers said they bought the land in July of 2006. Assistant Planner Matzek said that the report from Valley Branch Watershed District came too late for the staff report. As a consequence she would add Findings for flooding of neighboring properties. Commissioner Ptacek said that adding the remainder of Bennett Avenue would still not meet lot size or road frontage requirements. Even if the parcel is rezoned to NC in the future, it would not meet road frontage requirements. He said that he is uncomfortable with anything other than denial for lot size until NC comes in the future. The Chairman asked the applicants if they would like to table to a date uncertain in the future. Mr. Severin, 8012 50"h Street North Mr. Severin said he knows why those roads weren't vacated when the remainder of the roads near there were. He said because that lot still had access. He said it is not landlocked because it has an easement. Assistant Planner Matzek said she would have to find out the legal impact of vacating those additional streets. She said there are still problems for road frontage, wetland concerns, and emergency access. Commissioner Fliflet asked if the applicants would table in order to prepare and present plans for the easement, agreements, driveway and accessibility, and other concerns presented tonight. The Commission asked staff whether or not this is a protected wetland,how much of the parcel is buildable with the setback from the 100 year flood elevation for the wetland and with the septic system. They would also like more information for safety vehicles and'a*permanent driveway maintenance agreement. WS/J';R-oth/Van Za-idt-.to direct staff to evaluate a-pormanont maintenance.agreement. . environmental impact, and wetland setbacks and bring it back with the additional information requested to the next meeting and to look at the legal ramifications of street vacation for Bennett Avenue because the City may anticipate soon receiving a petition to vacate. Vote: 9:0. Lake Elmo Planning Commission Meeting Minutes from November 27,2006 3 APPROVED: 12/11/06 Commission Roth said lie has difficulty with the existing lot size. Commissioner Armstrong said the city should not be creating new lots with easements for access. He said there are serious environmental concerns for the septic system on this parcel in a neighborhood with a history of bad soils and failing septic systems. There are 201 systems in this area. M/S/P, Roth/Deziel to table the Miller application for variances until the December 11, 2006 Meeting where the requested information will be provided by the applicants. Vote: 9:0, Public Dearing: Preliminary flat of EAGLE POINT BUSINESS PARK 7T° ADDITION and also Section 520 Site Plan Review for Phase 3 Office Center The Assistant Planner said the pr osal before the Planning Commission is a replat of one outlot within Eagle Point Business Park "'Addition into two parcels and one outlot. A site plan has also been provided for a 2-story, 0,000 square feet office building on one of the lots. The applicants do not have a tenant fa the building at this time. The street will be located between the two newly platted lots from H dson Boulevard northerly to Eagle Point Boulevard. Sewer and water will be available to this ite. She said that the City Engineer said the city does not maintain the pond so no easement suggested for it. No exterior lighting plan was submitted yet. The Landscape Plan was revi ed by the City Forester and it meets minimum requirements. Dade Glowa, United Land,LLC. Mr. Glowa said this site plan is a d plication of the phase II building which is now 80% leased, and it will be constructed of the s e material but this will be a two-story version. There will be another phase in the future. The pri ate drive is created by an access agreement among all the property owners. It is like a shoppi g center with drive aisles but built to city specifications but maintained by the owners. THE CHAIRMAN OPENED THE UBLIC HEARING AT 8:05 P.M. Nobody came forward to speak. THE CHAIRMAN CLOSED THE P BLIC HEARING AT 8:06 P.M. M/S/P,Ptacek/Roth to recommend ap roval of the preliminary plat and PUD development stage plan of EAGLE POINT BUSINESS P 7Ta ADDITION, and to recommend approval of the Section 520 Site Plan for the 40,000 s .uare feet, two-story office building known as Eagle Point Office Center Phase III on Lot 2,Bloc I of Eagle Point Business Park 7a'Addition as depicted on plans within the planning packet an as recommended by the Assistant City Planner with the following; conditions: 1. Compliance with the recomme dations of the City Engineer, 2. Compliance with the recommen ations of the Watershe District, as found to be _._..._....__...___..._._._...._._.............._.._._....._..._..._........_.. -.. .... ._....._...._..-_._.__.__._... ...__.._......._.................................. reasonable and practical by the ity Engineer. 3. Only parking depicted by the Sit Plan located-specifically on Lot 2,Block 1,Eagle Point Business Park 7"'Addition s her pa proved. 4. Submission of a complete exterio ghting photometric plan demonstrating compliance Lake Elmo Planning Commission Meeting Minutes from November 27,2006 4 NOV. 24. 2006 2:08PM SCIENCE RESEARCH CTR NO 831 P. 2 Allen R. Siedle 7951 dill Trail CT. Lake Elmo,Minn. 55042 25�November 2006 City Council of Lake E-1mo, I am writing you in the matter of a public hearing about Property ID numbers 05,029.21.44.0024 and 0.5.029.21.44.0026 because I will be out of town on the day and time of the hearing, The vatiaum,request is objectionable for two reasons. The first is Whether the Muniolpsa Code means what it says;or whether it means what is convenient at the moment. The code has as reasonable bases a desire to maintain quality of liAstyle; arad to avoid buxdeni ng the environment. The variances sought require so elastic a reading of the code as to defeat its purposes. Granting them would leave the city council with little principled reason not to role similarly in similar situations where the land parcel is grossly wnconfbm-�Dg, Second.,the combined parcels are very near a wetland, No one has come forth with an assessment of the impact of the proposed building activity on the wetland and on the wildlife that mako it their home. An evaluation of environmental impact ensuing from the variances,if granted, should be made. i f 4 F f Michael and Maura Severin RECEIVED 8012 - 50"' Street North r, . Lake Elmo, MN 55042 November 24, 2006 City of Lace Elmo Re: Miller Variance To Whom It May Concern: I have lived next to the property in question for 27 years. I feel I know what is there as well as anyone. I see no reason to deny this request for a variance. Having lived in the neighborhood for 27 years, I have seen many homes built, some on lots smaller than this. e Through the years, several attempts have been made to secure this property for the purpose of building. However, the only access to the property was on unimproved city streets that all knew well would never be improved. a Poor planning in 1926 still effects some properties in this neighborhood, This property now has good access on an existing driveway, meets lot size requirements pursuant to the 60% rule, and has perked out well for a septic system. I see no reason to deny the current owners full use of their property. It only seems fair that if a property is assessed taxes and street improvements, that it should also be treated the same as any of the other properties in the neighborhood, Granting this variance will give the city the opportunity to vacate existing, worthless streets and clean up Denny Lanes mess from 1926. Res a tfully bmitted, Michael and Maura Severin ///a 71a& Lake Elmo City Council Agenda Section: Project Director No 6A December 19,2006 Agenda Item: St. Croix Valley Area Community Family Center Integrated Planning Team (IPT) request to consider locating the future facility in Lake Elmo Purpose. The city council is being asked to receive a request from Doris Karls, Chair of the Integrated Planning Team for the St. Croix Valley Area Family Center, to explore the location of the facility in Lake Elmo. The city council is also being asked to review the attached list of questions for its completeness and to give the staff direction on how to proceed with this request and the questions. Background. The city of Lake Elmo participates in the Integrated Planning Team for the St. Croix Valley Area Community Family Center. The Center provides a variety of community services related to adult, special needs and parent/child education as well as other services. The programs are available to residents outside of the IDP School District#834. Several partners are involved in the facility planning including the United Way, the YMCA, Courage St. Croix, Andersen Corporation, Human Services, the Stillwater Public Schools and the cities served by#834. The IPT met over the past several months to evaluate sites for the new St. Croix Family Resource Center and possible associated community recreation facilities. Fourteen sites were evaluated. The Lake Elmo site ranked highest. In addition, a survey of residents in Lake Elmo, Stillwater, Bayport and Oak Park Heights demonstrated that 70% of area households believe that their members may visit the center either frequently or occasionally. Facilily. The proposed facility is 40,000 square feet. It includes several meeting rooms, classrooms, gyms, an indoor playground, an outdoor play area and parking lot. The facility operates about 12 hours a day with programs that serve a wide variety of people. There may be opportunities to share space with community organizations in this facility. Proposed site. A possible site for the facility and related facilities is identified in the Lake Elmo Old Village masterplan. Specific information. The staff suggests meeting with members of the IPT to gather information about specific needs including: 1)the land area required for the facility; 2)the possible land lease/ownership needs, and 3)the minimum and maximum time frame for the project. Action Items Person responsible: Receive a request from Doris Karls, Chair of the IPT group, asking the city council to make the St. Croix Valley Community Susan Hoyt, Project Director Family Center a reality at the Lake Elmo site in the Old Village. Request a motion directing the project director to: I ) meet with the St. Croix Valley Area Community Family Center partners to get specific information on the partners' needs for its proposed facility in Lake Elmo; and 2)to identify questions and gather information related information to the questions to report at the city council workshop on January 8,2007. Attachments: _ Time Allocated: • List of questions asked by city councilmembers To be determined by city council. • IPT powerpoint presentation from December 12,2006 December 14,2006 QUESTIONS REGARDING THE ST.CROIX VALLEY COMMUNITY FAMILY CENTER POTENTIAL LOCATION IN LAKE ELMO • As of this writing the IPT has not formally requested any incentives from the city for locating the structure in Lake Elmo. Several questions anticipate this request. ................................,................................................................._................................................._._._._......._._........._.........----...-...........,_............_.._................................._......,.................,.-..................._.........._.....,................,._....... QUESTIONS ANSWERS RELATED INFORMATION _.,_........_._..__..,__._... --.-.._..._..._..._,_.._......___ ,..,.._,...__._..._._._._._.__._..,_.__...,...._........................-.....-..............._....._...-----.............................._................,.................................._.............._.......................................... Benefits What are the educational benefits of this facility to Lake Elmo residents? What are the community benefits to Lake Elmo residents? Can Lake Elmo residents from all districts receive the mandated 3 to 4 year old evaluations at this location or will they be required to be done at the school district within which the resident resides? What benefits will come with a community recreation facility if it is part of the project?(YMCA)(other facilities like arts, library?) Does it enhance the Old Village goals? (see specific category on this worksheet) Does it positively enhance relationships with Lake Elmo community organizations and neighbors? --,................_............................._._.........-_.............._...........--_..................._.,..----,---__,..__.-.--.-----__.._,.,_._,_,___.,___,.,.,.___.._.____._,___-__.,.__,.,.,..,_.,__,..,.._..___..,___._.,---.----_- Costs What is the impact on city services like police and fire? What,if any, loss will there be in property tax revenue from this facility I on thls site because if it isn't owned by a taxpaying entity? Will non Lake Elmo users participate in sharing the cost of having the facility in the city through fees or some other mechanism? Will Lake Elmo taxpayers be paying for the construction of the facility? Can donations cover the cost of the land for Lake Elmo, if Lake Elmo is asked to lease land or donate land at a less than market value amount? I What entity will cover the related infrastructure costs(water,sewer, road,surface water)? --.,.__ _,.,._.,.__....,.._.....__.,_.__..,.----.._....._.._..,.,.,.,._.__..... -- ---...._......._...__.,...,.,. __ .........._-__............................._.....-................_.........__.............. Relationship-to-the Old Village's goals Does the facility help the city meet the goals established for the Old Village Masterplan? For example: -is there space for this facility?Related facilities? -does t p ysiaal y complement the proposed adjoining Ian, uses? -Is the scale appropriate? 1 December 14,2006 QUESTIONS REGARDING THE ST.CROIX VALLEY COMMUNITY FAMILY CENTER POTENTIAL LOCATION IN LAKE ELMO As of this writing the IPT has not formally requested any incentives from the city for locating the structure in Lake Elmo. Several questions anticipate this request. _........_._ ................... _.. _._,_.,.,.,.,_.,_,.,..,.__-----__.,.,,.,_ _ ___._...__..............,.....,..,.........__............._......._._..._............,..._,..,__.......,..._..,.,..,.....,..,...,........,..............,...,..........._................,....................., (Relationship#o Old Village goats continued} -will the design be compatible with Old Village images? -will it promote a walkable community?A bikeable community -does it compete with other critica; needs like needs like housing for the elderly,special needs? -how does this use of the site affect the planned open space? -can the location just off Highway 5 help to work with the state to make Highway 5 a community designed corridor? _..............-- .._.__....._,......_,_..:.,.....,..................__......_...................._.................................._..........__.,.,-.,.,_.......________...__.._....,._,.,.,..._,....,...................,.,._..,..............._...................................__..,..,..,.._,..,............._- Related facilities - programs Is there potential for a charter school to be added to the site to complement the facility? Is it assured that there will be space for the art center and a library as part of this complex on the site? Is it assured that there will be a YMCA to provide community recreation for Lake Elmo residents as part of this project? .,__.......___-...................._..............................._...................................----...................._.__...._......._......................................_..__..._..........._...,...,_.. --........_............:..._...._........,.............._....._.................._....,..__.....---,_....,...,.,., Is the library and/or art center better suited to be part of a city hall complex elsewhere in the community? How will the proposed playing fields relate to the center and other facilities proposed for this area? What are the potential programming collaborations/relationships among the organizations in the proposed area? What traffic impacts will emerge from this intensity of use in this area of the city? How does this facility's programs and services relate to the elementary school for use and location? _.._..__...._ ___._,...___,...,..__....,.,_.,.._..,._..,..._.,---,_.... ........................._.._......-......_.........__....___..,..,.._,_,_,.,._...,._ ---- ---- __,.__... _.._.__............................................._......,_......__....... .,.. Will the users of the facility want bike path access? i ..._..........._........................_............-........--............_-............,...,-----.._.__..__.... ._._._.............._.......______....................--.............. ........_.................................. _._ 2 December 14,2006 QUESTIONS REGARDING THE ST. CROIX VALLEY COMMUNITY FAMILY CENTER POTENTIAL LOCATION IN LAKE ELMO • As of this writing the IPT has not formally requested any Incentives from the city for locating the structure in Lake Elmo. Several questions anticipate this request. _ __..........__......_...._ _...._._...._...............,----- --.,.....,.,___............_........................................-_........,.,---,.,_,_..,.----,.,.._.,._.._____...._..__. __ ,..................................._.._.._._.,.....,_..... ............,.,... Incentives What incentive, if any,does the IPT group need to locate the family center in Lake Elmo? If the incentive is to locate on city owned land,why does Lake Elmo want to consider leasing the land rather than having the Center or another entity own the property and lease it to the Center? Are there other/additional incentives for the center in addition or Instead of providing city owned land for the center? ......................................_____._.__._._.__.,_,._.,.,__.,.,.,.,..____.,_._........__....._,.__........___......_.............._..._...................... Did other locations/cities offer incentives for the Center? How will the Infrastructure construction costs to the site be paid for? (road,water,sewer) Facility How much property is required for the facility, parking, play area? How can parking be efficiently shared with other facilities and potential play fields to minimize asphalt/ impervious surfaces? What interior spaces,if any,can be shared with other community groups/private parties? What is the minimum/ maximum time frame for the construction and open;ng of the facility? Who will ow,n the facility? -Will the users lease the space? -If so,who will be the ieasor? If it is leased to the partners and the city has a lease, will it be with the building owner not the partners? -If the city leases land for the center, what entity will the city be leasing too? (e.g.this affects property taxes) -how will the partners in the facility share leasing costs? Will there be a stormwater pond associated with this project? 3 December 14,2006 QUESTIONS REGARDING THE ST. CROIX VALLEY COMMUNITY FAMILY CENTER POTENTIAL LOCATION IN LAKE ELMO • As of this writing the IPT has not formally requested any incentives from the city for locating the structure in Lake Elmo. Several questions anticipate this request. Center Programs What specific programs are offered in the facility, by what providers and who do they serve? How many staff are associated with the programs? How many staff are anticipated over the next five years? Other questions - It may be desirable to cities served by only local school district rather than three as in Lake Elmo, if this is so are local school districts asking the legislature to work toward this goal? I� l 4 1� - "_ St. Croix Valley Area Community Family Center 1M6 Purpose of Presentation The Lake Elmo site emerged out of the Site Selection Study as a primary site for consideration for the Community Family Center. The Integrated Planning Team recommended the development of the Lake Elmo site for the Community Family Center. Lake Elmo City Council will be approached at an upcoming meeting to discuss how to make the Community Family Center a reality at the Lake Elmo site. Presentation Outline :Community Family Center Concept -:•Community Survey and Study Findings :•Program Overview/Space Needs Next Steps 1 wa.ore rwr Shared Vision uw.a...W An integrated Community Family Center to meet the educational, recreational and wellness needs of families and individuals - serving the whole child, whole family, and whole community. Partners Uniting Around �- a Shared Mission :-Provide Care Services that Complement Each Other •:-Eliminate Duplication -*-Identify and Address Service Gaps &Address Space Needs :-Remove Barriers f •:•Address Funding Issues by Sharing Resources l :-Provide Accessibility --Responsible to Local Tax Payers and Donors :Provide Services in the Most Efficient, Cost-Effective Manner Integrated Program The Community Family Center program will provide accessible, integrated programs and services through public and private partnerships. 14108 n Integration {:a Shared Mission and Vision -Joint Comprehensive Planning •:*Seamless Services - "One-Stop Shop" �. Education, Health, Wellness and Recreation Programs :a Collaborative Leadership Structure Merged / Jointly Secured Resources. &YMCA Partners of Greater Stillwater Area St. Paul Public Schools Local �,St Croix Area Municipalities United Way 9ayport Lake Elmo Oak Park Heights Andersen Stnlwarer Corporation Human Services, Lakeview Hospital Inc. Courage St.Croix �sros wiw.ma .*a..wi Scope of Services �mW.mre.ep a 1 a. 12'Oi 3 Programs and Facilities Educational Facilities:Classrooms for Early Childhood and Adult Basic Education Community Facilities: Meeting Rooms, Resource Area;Shred Office Space Recreational Facilities: Pool,Gymnasium, Indoor and Outdoor Play Areas Child Care Facilities: Licensed•Child Care :> Heaith/Weliness/Medical Facilities: Health Screening,Rehabilitation,Fitness Center and 5tudio ,ua 1vF4e lNnr/L, Leadership Structure Integrates! Planning Team QPT) Program Planning Team 2,13 Planning Accomplishments .-Developed Common Mission and Vision :•Developed Integrated Program Plan :•Acquired Resolutions of Support from Boards/Councils of Partnering Organizations :•Secured Financial Support from Partnering Organizations and Local Foundations for Planning .•Implemer.ted Community Survey and Focus Groups :Completed Site Selection Study ;Approved Phase I Site bevelopment 4 5 aa, Saar Community Survey Conducted by Decision Resources,L_td. Admmisterad to 515 adults across 150#834Including l00 household sub-samples In each city of 51 111woter,Oak Park Heights,Bay art and Lake Elmo Key Findings i Almost two-thirds(2/3)of the sample initially support the construction and operation of the center. After hearing more about the facility,support increases to over.three-quarters(3/4) of the respondents. :•There is strong support for the potential services to be offered at the Community Family Center such as: Education programs far children birth to five;Adult Basic Education;and Recreational facilities. 56enty percent(70%)of the households think members will visit the Community Family Center either frequently or occasionally. Iaroe Focus Groups Conducted by Stillwater Area Public Schools and ww.wmv Courage St.Croix Program Coordihators 50 Current Participants In Edacatlan and Special Needs Programs Key Findings :•The participants are generally very happy with and appreciative of the programs in which they are currently participating. The availability of a family resources coordinator at the Community i Family Center would build trust with these parents and Increase their participation. ?•Programs should focus an the whole family with opportunities to more fully Integrate children with special needs Into the community. 0 The Integrated Community Family Center concept is well received by current program users provided attention is given to designing environments that accommodate special needs. tuns W�.a'° �r•,�r Site Selection Study Conducted by Maxfleld Research Inc. ry Lake Ulm*emerged as a primary site for consideration. Assessment Criteria :+Access/Visibility - ProXlntlty to Molar Transportation Arteries <•Proximity to Population beasitles(Current and Future) :•Bosellne Acquisition Costs S•Additional Infrastructure Costs Slze of Site and Expansion Potential 4 Development-lining' +Proximlty to Bus Transit Routes and Walking/Bikini;Trails •:-Current Traffic Counts(Flows)and Projected Traffic Flows . Possible Environmental Issues taus • 5 nf,CAS SMIrAmAy Benefits to Area Residents .-Community Gathering Space Vision Is Explored in the Lake Elmo Village Area Master Plan -'-Opportunities for Families and Community Members to Come Together for Education,Recreation and Special Events •:•Cloasrooms and Support Areas for Optimal Parent/Child Learning Experiences °Indoor and Outdoor Environments for Children,Families and Thdividuals to Promote Health and Wellness -- •:•Effective Use of Resources,Equipment and Supplies by Sharing Costs Across Programs and Agencies vEnhanced Programming Among Community Organizations that are Already Successfully Partnering,Along with New Partners izron - �. . Phase I �• Integrated Programs ?•Early Childhood Educatlon(classes for children of xll anfi(ins age birth to five and their parents) ••r Specialized Programming for Children and Families with Unique Needs Early Childhood Screening h Preschool : Family Resources Coordination +.•Adult Basic Education(GEWWorkforce Education/ELL) ?•Transition Program for Youth with Special Needs <•Licensed Child Care •r Supervised Child Care t dos .a. ..�, Facility Needs lV•M,L,piAy bFaml))es and Individuals 5erved 'r Space Needs(40,000 Sq,Ft.Est.)Indoor for Phase T Programs Classrooms for Parent/Child Education Program Preschool Classrooms Classrooms for Adult Basic Education Child Care Rooms Conference Rooms Gym/Indoor.Playground Small Assessment/Therapy Rooms Office Space Outdoor Playground Parking Lot bNours of Operatlon - Traffic Fo:te-ns - - - iz�e 6 wTa.rna ra,yy Next Steps .tan<nly -:,Determine Feasibility of Lake Elmo Site for the Community Family Center Concept(Education/Health and Wellness Facility/Recreation) 4-Approach the Lake Elmo City Council at an upcoming meeting to discuss how to make the Community Family Center a reality at the Lake Eimo site. 1Z08 i i 7 9 i i i I December 19,2006 Project Director M04 Draft for Discussion Proposed Workshops and Meetings on Implementation of the Old Village Tuesday, January 9, 2007 Regular workshop item Community Family Center - review information - direction from council Saturday, January 20, 2007 Special workshop Provide context for the 9 AM to 12 NOON adoption of the masterplan and the priority implementation steps - principles/policies behind OV - specific challenges in the plan as proposed - nuts and bolts about all required infrastructure and upcoming decisions to be made - timeline for decisions and construction Tuesday, January 23, 2007 Special Workshop The nuts and bolts of 6 PM to 8 PM financing the OV - options - estimated costs - decisions to be made - how to proceed - timeline for financing decisions Tuesday, February 16, 2007 Regular workshop Decisions on sewer alignment; receipt of sewer report Direction from council February—TBD Special workshop Review of final masterplan Next steps March -TBD Workshop/Council meeting Approve masterplan March -TBD Special workshop Defining the plan in the zoning code Consider inviting Planning Commission December 19,2006 Organizing Principles for Implementing the Old Village LAND USES INFRASTRUCTURE FINANCING Comprehensive Plan Comprehensive Plan Principles Principles �4 .� Vision Master Ian V p Infrastructure need studies frastructure studies for: Amenity Co3=-- -sewer + Masterplan Document -water s 4rifrastructure Csurface watroads Total Cost Masterplan review with cing lions Tor B t.oards, commissions, citizens l implementing all improvements Masterplan approval by Capital improvement plan City Council - funding sources - priorities for funding Comprehensive Plan t ``prepare specific in dopt financing Plan Amendment plans with construction timeline Zoning regulations Approv:financing for priorityojects AUAR Environmental Review Construct infrastructure _. _...z by priority City Council refines Determine the cost of the 1 ; building/housing quality and -- - building/housing quality to the character w w developer _._.... Adopt policies definah Design guidelines - -� --�� cost share of publi y between the city a developer rrwrr�r�r 1 Proceed with private development Proceed with public priorities Lead Expertise: E Planning Team IN Technical land use planner Engineer ,® Financial advisor AUAR planning/engineering team Lake Elmo Agenda Section: MAINTNANCE/PARK/FIRE/BUIDING: No .7 A 1 City Council December 19, 2006 Agenda Item: Inflatable Rescue Boat Backeround Information for December 19,2006: The fire department is requesting approval to proceed with.finalizing specifications, pricing and funding package for an Inflatable Rescue Boat. The equipment committee of the fire department has researched this item over the last year. They have visited and spoken to other fire depts. with similar boats and gotten pricing from vendors. The approx. cost of this package(boat, motor, lights, rescue equipment and trailer) is$11,000.00. We have already received a donation in the amount of$3,000.00 toward this purchase. Chief Malmquist is currently seeking additional outside funding/donations for this project. Before proceeding with the process, it would be beneficial to know that this project has the support of the council. Action Items: Person responsible: Chief Malmquist Direct Chief Malmquist to proceed with project and solicitation of outside funding/donations. Attachments: Lake Elmo Agenda Section: MAINTNANCE/PARK/FIRE/BUIDING: No .7(A)2 City Council December 19, 2006 Agenda Item: Command/First Response Vehicle Background Information for December 19,2006: Staff is recommending the purchase of a 2007 Chevrolet Suburban, 4x4,2500 from the State Contract. This includes emergency lighting, markings, radio installation, and rear cargo storage tray and weather shield. This vehicle will serve as a First Response/Command/Chiefs vehicle. Staff as well as the officers of the fire department have explored many styles, makes and models of vehicles and have concluded that this vehicle is best suited for the intended uses and to carry the necessary equipment. It has also been recommended by staff that this vehicle be equipped with a plow. This idea was the result of brainstorming sessions by staff. It was then discussed with and supported by public works staff. This vehicle would be used primarily to plow the two fire stations and city hall, thus allowing public works staff to focus their time and efforts on clearing city streets. Having the plow on the"First Response"vehicle would also us to clear unplowed roads for access by emergency vehicles when responding to an emergency. In the event of a"major" snowstorm, it could also be used to help public works with the timely clearing of city streets. Purchase price- $53,520.37(see attached spreadsheet) Action Items: Person responsible: Motion to approve purchase of 2007 Chevrolet'/4 ton Suburban Chief Malmquist with listed options for$53,520.37. Attachments: Pricing spreadsheet. 0 3 E 3 0 L) Q o� o a N a) —a) p C) U c [2 " E N ° W N (cf3 Oc V -0 N N � 0 C C' a O O (O� N O 6 O 75 � 4. Q O O u U p 0 O —. Z '§ :� a) p 1 o c = ui = O c ° Q �c E c°i .v N ® U 4) E 0 'c oro a r E o p =a �. ran a) U ca E U cm rn E Y O N N N 'O Q O c O O b N U C c fV CL R'— w N - b M v Na) R) O c o c E �° z -a ° `° a3° a� ° E E w w 0 c ° s � i 79 mad ° � '� "- wo d o N o aa) a) N ° ° n c 0 U / ♦♦ M U r U c 0 c M d 0. (a a- u MM O 00 Q m CD CS C M M N (D C? CD ti M .- CO M C) O O p p� U) dam' F- N O Q M M � CND W (o co N (N �++ O CO M C C) Q ci � L r •mod' lC j irr�s. U m N M VS N � l v� E (f} 69 M O r (13 r O x ro Y �; f°0 x o ro o C!! d• � � c �Y F- � H J o O 2 N J Q CA N N N 00 LLJ® � 'a W L O ;U rn (p a cZ c = O U N l5 0 p 00 p 0 a � J c rn N W N W .a U a) Q _ c n ° M N m 00 c Z co '� �dd _ (� 3 (0 co a- C7 h= c NW = 2 � � -a a) LU c a) l� (� O �- UM Q � � p U c 1- LL. a) c c N O O CD 6 5 Co E N p i7 N N N W W m d Lake Elmo Agenda Section: Building/Fire/Maintenance No. 7 . City Council Dec. 19, 2006 AGENDA 1) Construction activity update for November. 2) Miscellaneous Action Items: Person responsible: Informational. No action needed. J. McNamara Attachments: 1)Summary Building Report for November Summary Bull din Report ----Iq—oveMber-7.0 5 Year to Date Permits Permits Issued Valuation Issued Valuation New Residential 5 $2,094,000.00 New Residential 29 $12,612,388.00 New Commercial 1 $2,150,000.00 New Commercial 6 $17,172,080.00 Other Residential 10 $63,232.00 Other Residential 319 $6,042,015.00 Other Commercial 9 $339,000.00 Other Commercial 55 $6,820,616.00 Total 25 $4,646,232.00 Total 409 $42,647,099.00 Total Building Fees Collected $183,768.70 Total Building Fees Collected $704,021.30 l Summaa Plumbing Report N Summary Plumbing Report Plumbing 14 $234,994.00 Plumbing 138 $3,538,390.00 j i Total Plumbing Fees Collected $1,987.50 Total Plumbing Fees Collected $23,228.5o o0 I Summary HVAC Report Summary HVAC Report HVAC 16 $292,775.00 HVAC 112 $5,277,499.00 Total HVAC Fees Collected $2,665.05 Total HVAC Fees Collected $52,289.31 1 x Summary Grand Total Fees $188,421.25 Summary Grand Total Fees $779,539.11 Surcharge Fee Paid to State $2,231.59 Surcharge Fee Paid to State $21,815.25 SAC Fees Paid to Met Council $12,152.00 SAC Fees Paid to Met Council $43,152.00 WAC Fees Paid to Oakdale $8,000.00 WAC Fees Paid to Oakdale $18,000.00 Misc. Expenses . Misc. Expenses $0.00 Total Fees Retained $166,037.66 Total Fees Retained $696,571.6 Credit-Fees-to-Bldg $35;537.66_.. Credit Fees to Bldg _ .. Credit Fees to Water $94,500.00 Credit Fees to Water $181,896.93 Credit Fees to Sewer $36,000.00 Credit Fees to Sewer $60,679.00 Lake Elmo Agenda Section: PLANNING, LAND USE & ZONING No. 9A. City Council December 19, 2006 Agenda Item: Conditional Use Permit Amendment—Oakdale Gun Club Background Information for December 5, 2006 At its meeting December 11, 2006, the Planning Commission conducted a Public Hearing and unanimously adopted a recommendation to approve this application to permit an additional storage structure on the Gun Club property adjacent to loth Street. The proposed storage shed is 448 square feet in size with an attached overhang 128 square feet in size for a total of 575 square feet. Person responsible: Action items: K. Matzek Motion to adopt Resolution#2006 -ly pproving an amendment to the Conditional Use Permit of the Oakdale Gun Club to permit an additional storage structure, as recommended by the Planning Commission and per plans staff-dated November 13, 2006. Attachments: Iys Time Allocated: 1. Resolution#2006 - Approving CUP Amendment 2. Draft Planning Commission Minutes of December 11, 2006 3. Planning Staff Report 4. Applicant's.Graphics CITY OR LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006- A RESOLUTION AMENDING RESOLUTION NO. 88-5 GRANTING A CONDITIONAL USE PERMIT TO THE OAKDALE GUN CLUB FOR AN OUTDOOR TARGET RANGE IN THE AGRICULTURAL ZONING DISTRICT WHEREAS, by Resolution No. 88-5, the Oakdale Gun Club received approval for a Conditional Use Permit to operate an Outdoor Target Range located at 10386 N. 10" Street, WHEREAS,by Resolution No. 9Q-N, the Oakdale Gun Club received approval for an amendment to allow construction of a caretaker residence and storage building, WHEREAS,by Resolution No. 2005-111,the Oakdale Gun Club received approval for an amendment to allow construction of an expansion to an existing storage building, WHEREAS, the Oakdale Gun Club has applied for an amendment to the existing Conditional Use Permit, WHEREAS,the applicant has submitted all the required documentation and fees for the application of such expansion of use for the existing Conditional Use Permit; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on December 11, 200.6 on the application for an amendment to the Conditional Use Permit to allow construction of a 575 square foot storage building,based on plans staff dated November 13, 2006; and recommended approval of the Conditional Use Permit amendment based on the following findings: 1. The proposed CUP amendment will not result in additional impact on the public health, safety, morals or general welfare of surrounding property. Operations of the gun club will not be altered as a result of the CUP amendment. 2. Traffic impacts of the use will not change as a result of the CUP amendment. 3. Effect on public utilities and school capacity are not applicable. 4. There will be minimal changes in visual impact of the use. _5 The amendment has-no impact-on the-Comprehensive Plan. WHERE,AS, at its December 19, 2006 meeting, the Lake Elmo City Council approved the amendment to the Conditional Use Permit allowing construction of a 575 square foot storage building, based on the plans staff dated November 13, 2006; subject to the following condition: 1. That the applicant continues to comply with the conditions of Resolution No. 88-5, approving the Master Conditional Use Permit. ADOPTED,by the Lake Elmo City Council on the 19'' day of December, 2006. Dean Johnston, Mayor ATTEST: Thomas Bouthilet, Interim City Administrator DRAFT City of Lake Elmo Planning Commission Meeting Minutes of December 11, 2006 Vice Chairman Ptacek called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Van Zandt,Deziel, Lyzenga, Pelletier, Fliflet, Schneider, Armstrong, and (7:05) McGinnis. STAFF: Interim Administrator Bouthilet, Assistant Planner Matzek, and Recording Secretary Anez. ALSO PRESENT: Special Projects Director Susan Hoyt, Mayor D. Johnston and Councilmember Johnson. Agenda M/S/P, Armstrong/Van Zandt to accept the Agenda as presented. Vote: 9:0. Minutes M/S/P, Lyzenga/Deziel to accept the Minutes of November 27, 2006 as presented. Vote: TO:1. Abstain: Pelletier. Public Hearing: CUP Amendment—Oakdale Gun Club The Assistant Planner said the gun club sits on 62 acres with extensive history since 1965. Previous amendments included a caretaker house. They wish now to add an accessory building for storage. Schneider asked about the overhang size being exceptionally large. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:05 P.M. A letter from Knappogue Farm which was signed by Jackie McNamara was read into the record by Commissioner Pelletier and will be made a part of these minutes. Richard McNamara, Knappogue Farm Mr. McNamara said he was not present to complain about the club or the new building but addressed the sound especially in summer months. He said they cannot hear themselves talk at their farm at all. He would like some barrier constructed or time constraints for operation and without everybody shooting all at once. He wondered if there are more people at the gun club these days. The past year has been really loud. He said they have noticed it more since the Gun Club relocated the driveway but he doesn't know. He said it really is a health and safety issue with all that noise. He invited anyone to walls in the back of their forty and they would not hear themselves think. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:09 P.M. Jerome Mar•ah, Director of the Gun Club Mr. Marah said he has been with the club since 1975 and held this position since 1976. He said the club has done extensive work for sound reduction. They contract for independent sound studies. Every time they do a sound study, they perform it on the extreme southern boundary for those neighbors. The contractors have been unable to record 70db leaving the site. They are _...__ . _...__._ _.. .... .. ...... ..... generally 65;68-db depending on-the wind: Shooting ranges are-under cover They have almost totally enclosed one of the gun ranges. They are working to close other ranges too to keep noise within boundaries. They have looked at planting more trees too but trees only deafen sound a little bit. Lake Elmo Planning Commission Meeting Minutes of December 11,2006 I DRAFT Mr, Marah said that traffic in and out of the driveway was a concern for these neighbors across the street so the club.relocated their driveway further to the west and got it out of the hole there making it safer, He said the overhang for the storage building will be for a canopy for the rain, Commissioner Pelletier asked the hours of operation. Mr. Marah said they are open to the public from 8 a.m. to 4 p.m. On November 19, 2006, they closed until the I"Saturday in June 2007; The range is open each year on Saturday and Sunday until mid-October and then open to the public every day after that from 8 to 4, 45 minutes before sunset club members must stop shooting. Timetables are taken from the DNR hunting regulation book. Mr. Marah said they once had complaints about shooting at sunrise but that was gobs@ hunters someplace else. Assistant Planner Matzek said Building Official/Code Enforcement Officer Jim McNamara went out to the site after a verbal complaint was received last week followed by the letter from Knappogue Farm, and after inspecting the site said there were no violations of the CUP. M/S/P, Armstrong/Schneider to recommend approval of an Amendment to the Conditional Use Permit of the Oakdale Gun Club for construction of a 36 X 60 accessory structure for storage. Vote: 9:0. PUBLIC HEARING: Rezoning to Village Residential Assistant Planner Matzek explained that this rezoning of the Village Area will be responsive to the Village Master Plan. The specifics of that plan are not yet finished so specifics as to use and density are not yet available. The proposal presented tonight is flexible enough to allow for the completion of the Village Master Plan. The Assistant Planner also noted that the city requested uested an extension from the Met Council q because the zoning districts and map are required by January 16, 2007, and it will be difficult to meet that deadline given the loss of key staff members. The City Council will review it at their i next meeting. Chairman Ptacek said he spoke with the City Attorney and staff and both recommendations are to request an extension of our deadline. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:24 P.M. Jose Chaves, 3505 Kelvin Avenue Noah Mr. Chaves said his property is south of Hamlet on Sunfish Lake, next to Schiltgen Farm, and indicated on the map that it was just west of the Village Area and adjacent to Sunfish Lance. He said the parcel is landlocked. He would like to find road access for that property. He has tried for a long time and there is no access. He hopes he will learn how this plan will affect him and his access. Preliminary surveying estimates say it is buildable and meets setbacks. He was assured when Hamlet on Sunfish was constructed that the city would not allow him to become landlocked but that is what happened. Peter Coyle, Larkin and Hoffman Mr. Coyle he said he is hear on behalf of The Screatons whose affected land is on the northeast tip of the Village Area at Highway 5 and Manning. He asked if the substance of the Village Plan Lake Elmo Planning Commission Meeting Minutes of December 11,2006 2 LADE ELMO PLANNING COMMISSION STAFF REPORT Date: December 7, 2006 for the Meeting of December 11, 2006 Applicant: Oakdale Gun Club Location: 10386 10`h Street North Requested Action: Conditional Use Permit Amendment Land Use Plan Guiding: AG(Agriculture) Existing Zoning: AG(Subject to a Conditional Use Permit) Site History and Existing Conditions: The City (and East Oakdale Township) file on this 62 acre site extend back to 1965; and, the use of the site as a gun club likely extends even further back in time. There have been several actions for the City regarding the gun club,including extensive activity in 1981-1982. The last formal renewal of the "Master" Conditional Use Permit was in 1988 Resolution #88-5 . The City approved an amendment to that CUP in 1998 (resolution#98-58)to permit construction of a new caretaker residence, a garage related to the residence; and, an accessory storage structure. The 62 acre site is divided into a 22 acre east portion (where no structures or formal range 3 facilities are located); and, a 40 acre west portion (upon which all structures and formal range facilities are located). The 1998 application for an amended CUP resulted in a lengthy Planning Staff description of a zoning issue related to an earlier mass rezoning of large portions of # undeveloped land in Lake Elmo to OP. (including the 22 acre east Gun Club site). While the issue appears to remain pending the general city-wide rezoning actions that will follow the activation of the new Land Use Plan, this application for CUP amendment again relates to a facility on the west 40 acres (properly zoned AG), so we will not address the OP zoning matter further at this time. In 2005 a CUP amendment was approved to permit an addition to an existing storage structure. The City has no record of violations of the 1998 CUP; and, the conditions to the approval of the 1998 CUP amendment have been complied with by the applicant. After the public hearing in connection with this application was noticed, a complaint was received by City staff regarding' noise related to Gun Club operations. Discussion and Analysis: The applicant proposes to amend the CUP to permit an additional accessory structure 448. square feet in size with an attached overhang 128 square feet in size for a total of 576 square feet. The building will be 300+ feet from I Oth Street North and will be largely screened from public.roads or .... . ....... adjoining properties. The additional shed will be used for storage purposes. Findings and Recommendations: This proposal to amend the CUP to move storage to an enclosure appears to be a positive step toward the "good neighbor" strategy of the Club. As with any application for a CUP (or Amendment) this application should be addressed as to its compliance with the CUP Findings prescribed by Section 300.06, Subd. 4, Para.A of the City Code. In that regard, Staff suggests the following; 1. The proposed CUP amendment will not result in additional impact on the public health, safety, morals or general welfare of surrounding property. Operations of the gun club will not be altered as a result of the CUP amendment. The structure to be added is located 300+ feet from the roadway which focuses any impacts internally to the site. 2. Traffic impacts of the use will not change as a result of the CUP amendment. 3. Effect on public utilities and school capacity are not applicable. 4. There will be no changes in visual impact of the use. 5. The amendment does not have an impact on the Comprehensive Plan. Based on the foregoing, Staff recommends approval of the CUP amendment. Planning Commission Actions Requested: Motion to recommend approval of an amendment to the Conditional Use Permit of the Oakdale Gun Club to permit a 36 foot by 16 foot storage building located 300+feet from 10u' Street North per plans staff-dated November 13,2006. v f KelIi R. Matzek, Assistant Planner Attachments: 1. Location Map 2. Applicant's Documentation a,. ea, a sea a� o a�ffi a .. .. .... ..S _ +.——_@ i i wr+wn �"+ .. b♦ T32N 4'TUN �pyo T31N nnN nnu / l S t • ___. Y�. 'f29Nnllnaa�mrv.9N (^y jie W -6 a ,,fi T2NN Im '117Id j T17N R22W R21W R701Y -p rvk i M I 1 •m+r �� I 1 E � 1 Viclnity Map e a � � y. 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'x: try �i ` oil4... ylNo m •r y.. r•' P s�z t Lake Elmo Agenda Section: Planning, Land Use and Zoning No City Council December 19, 2006 Agenda Item: Final Plat—Discover Crossing 2°d Addition Background Information for December 19, 2006: The 2006 approval of the PUD Preliminary and Final Plans/Plats of Discover Crossing included 3 outlots designed as building lots that could be re-platted as legal lots in the future responsive to then-contemplated amendments to the Comprehensive Plan that would increase the maximum allowable OP density to 18 per 40 acres from 16 per 40 acres. By July, 2006 that Comprehensive Plan to increase OP density to 18 units per 40 acres was approved by both the city and the Metropolitan Council. While the City continues to work toward amending its zoning ordinance text to include that change, whenever a Comp Plan and Zoning ordinance conflict (as they do in this regard today), the Comprehensive Plan prevails. Therefore, the three outlots are eligible for final platting into building lots. The attached Resolution is for approval of the outlot/building lot conversion by Final Plat. All required plans, escrows, Development Agreements and fees involving these 3 lots were addressed/completed by the original Final Plat and Agreement. Action Items: Person responsible: Motion to adopt Resolution #2006 -Iy approving the Final Plat of Assistant PIanner Discover Crossing 2nd Addition. Attachments: Time Allocated: 1. ResoIution 2. City Council Minutes, April 18, 2006 3. Approved Original Final Plat 4. Final Plat CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006- ? A RESOLUTION APPROVING THE FINAL PLAT OF DISCOVER CROSSING 2ND ADDITION WHEREAS,the Lake Elmo City Council considered and approved the OP Stage Plan/Preliminary Plat, Conditional Use Permit of DISCOVER CROSSING on April 18, 2006; WHEREAS,the Final Plat of DISCOVER CROSSING 2NO ADDITION presented to the City Council conforms to the standards of Section 300 and Section 400 of the City Code. NOW, THEREFORE, BE IT.RESOLVED, that the Lake Elmo City Council does hereby approve and accept the Final Plat of DISCOVER CROSSING 2 ND ADDITION, per plans staff-dated November 30, 2006 as on file with the City Administrator. ADOPTED,by the Lake Elmo City Council on the 19t'day of December 2006. Dean A. Johnston,Mayor ATTEST: Thomas Bouthilet, Interim City Administrator APPROvr,,D AS._-4ENTDED MAY 16, 2006 Daniel Novak, 8520 Ironwood Trail N., had concerns about the cost; road width; assessment repayment; water and road construction; corner lots; bituminous vs. cement curb and height; underground electricity. City Engineer Prew responded that cost would be divided equally between the 63 build- able lots with assessment costs of R1 zoning with an assessment cost$1309. Road widths will remain the same. Water and road resurfacing will be done simultaneous. Owners of corner lots will decide where to place the curb, but cannot change the water flow. Bids will be for bituminous curbing only, but can be changed to include concrete. Prew will contact Xcel Energy about the possibility and cost of installing underground electricity. Another Public Hearing would be required if underground electricity were to be installed. Mark Busta thought the assessment amount was fair. Public Hearing Closed at 8:48 p.m. MIS/P Johnson/Smith-to amend Resolution 2006-035, a Resolution Ordering Improvement and Preparation of Plans for the Tablyn Park Neighborhood, and to include an alternate bid for two landscaped islands. (Motion passed 5-0) S. Resolution 2006-036: _Approve Plans and Authorize Advertisement for Bids— Tablyn Park/Lake Elmo Heights Watermain Project j In his letter dated April 13, 2006,the City Engineer reported that Plans and Specifications are complete on the Tablyn Park/Lake Elmo Heights Watermain Project. This project will provide water for over 200 residences in an area of the City that has many contaminated wells with PFOA and PFOS. Following water service installation, each residential well will be sealed. 3 M/S/P Johnson/Conlin—to adopt Resolution 2006-037, approving Plans and Authorizing the Advertisement for Bids for Tablyn Parkl/Lake Elmo Heights Watermain Project. This bid does not include well abandonment and plumbing connections. (Motion passed 5-0) 9. PLANNING, LAND USE & ZONING: A. Final Plat&Development Agreement—Discover Crossing: Resolution 2006-037. City Planner recommended approval of Final Plat.and Development Agreement— Discover Crossing. There are several outlots,three of which are going to be converted into lots after approved zoning changes. Staff has prepared a draft Development .Agreement for the plat that has also been reviewed by and concurred in by the City Engineer. Council Member DeLapp would like to see the three lots be put into conservation easements and a copy of the covenants-for the Jandscaping plan: LAKE ELMO CITY COUNCIL MINUTES APRIL 18,2006 s APPROVED AS r,..AENDED MAY 16, 2006 M/S/P Conlin/Smith-to adopt Resolution 2006-037 approving the Final Plat, OP Final Plat and Development Agreement for Discover Crossing,with the additional condition of 4 compliance with the recommendations as determined by the City Forester and approved by the City Planner. (Motion passed 5-0) A (1). Discover Crossing Letter of Credit Reduction: City Planner recommended the Letter of Credit for Discover Crossing be reduced from $1,811,325.00 to $1,006,075.00, as presented in Memorandum 9A (1). M/S/P Johnson/DeLapp—to approve the Escrow reduction for Discover Crossing from $1,811,325.00 to $1,006,075.00. (Motion passed 5-0) B. OP Development Stage Plan/Preliminary Plat and CUP - Hidden Meadows_ Resolution 2006-038 City Planner presented the second step of the residential portion of a 68-acre portion of Hidden Meadows. The Public Hearing brought several concerns about several infrastructure design issues and the screening plan along the east property line. The property abuts to an OP, requiring a 200' buffer, but can be reduced to 100' if the developer proposes landscaping that will serve as a year round visual buffer acceptable to the City. The drainfield proposed is 50' from their property line, and the Ziertman's expressed concerns about the health, safety and welfare if the wetland treatment system proposed for the development and the church were to fail. The Ziertmann's are requesting more than a 100' setback. In their opinion,the Ziertman's stated,that OP ordinance states that i a drainfield is a structure and is entitled to a 200' buffer zone, and a paved trail be added to that. City Planner Dillerud and City Attorney Filla clarified that a Pump Station is not I a structure. Setback requirements are 50'/200' on-site. City Planner Dillerud stated there are no trail setback requirements, but the trail can be moved. The Ziertman's would like to know how the size of the wetlands compares to the Fields I development. City Engineer will provide that information to them this week. Developer confirmed that the alternate drainfield is north of the church and is a constructed wetland. He further stated that restriction will be placed on this site to maintain its continued suitability as a back-up location. The Ziertman's would also like to see screening provided to their property line,buffering them from the project. City Planner Dillerud stated the City would be receiving the final landscape plan next week. Council Member DeLapp stated that the required trail systems are expected to be integral components of OP development and not tacked on to meet the City Code. The Ziertman's-asked why the-trail_couldn tbe-put-on-the second drainfield site,_with a 15'= LADE ELMO CITY COUNCIL MINUTES APR11L 18,2006 6 DISCOVE C1 S'S'.I�NG LAND P Freem UR LAND LANtVLVG a SURV 5G. w a 5c PRELIMMARY PRINT SUBJECT TO REVISION \� C A HisM' la•togon 'm LINE NW r/a_or NE 1/+s� S7Tf1-Si; NORTH \ //��,rcN LW MORTs / \ vn+uNe NE!4 of ig f 4 �� 3 w :s w 'I 'TH uNE SW 1/4 Or NE 1/4,:� mD7asD / eSj lean S9e 45'S9'W NORTH SE 1 4 of Nei 4 d ST�'8'2S• j rraee_ !b _ ire rJ21.7J - - 5 f9.59 1 eoD'w�D�� A r+-faaoo. 4 3, / / ?'+b i.joa6o SOUTH A.'wl. i� le �.�o.ra.ar3 i 91• qq �,� `' seBYT'2J"W I roo W 0°D° pq, :'i1�•1o"aa� // T // ♦ IS7.34 OUTLOTG b l0'f3'45'• ^^ a�,// C8-N48IIr Fe'W / �`• .,� RO�OD M // ,_R-IS5.08 M \ aRAINAOEA UTIMYEASEMENT / • , ! / Y Z 13 d 16'd214' Zb�e, L-f7.tl7 R-155.00 cet'o 4-44.75 , 1'>U• // w i• N rA `'. eixro « I \ KILAW I /fir. 12 / "A.°iJBoo 4-Ira' q */-N92W'04 4 ce-Nsetlxc'M ,' 4, 9g 5 ' I N r Moo ) . dae-R' �lw gsywy�. a 4304511'\, I s'� rw // �g9 gg5 N y / lo+.&T d-37YB 63y S 3 g.£t eg^l wT "iYMMp 15xoo Lp "w�4D / o�'�• 8 5 \ s9atr8' SB9Y8'Sb"W f b it / - R-f76,00 / �j ' �/--I19.40-, rn �j O e Y7.001 /OH-83a5s 02•w My// / e2J9'46•y �7 asoveas 7 _ a-srsaD \ ?p Sw` E I OUTL OT A w-Naalravrt Q0 I ! n a Nuaa72• • v� //'7• w dsa7tW'1 �l,'g-Nt3b8'441r f '' f � ','] �..... �NeB72:l9'E—�— ���•� // ! �oau/ +d 2d'45:43' �' 1 M v S spy I dfeYZY A- J R.Teao2r / L-725 7 E AMW W A III— I I Q 1 �$ a6-Naras96•w\ �� f i--'e. e1 Sba ~ � L—�_ 8912'J9 E.......-.� a� + e Ir�{2Ys• �, ��ssr - I I ram„ --zr9.o4- I I R-saoo OUTLOT doo J t-lozl rwro OUTLOTB / 4fl I d 7M'56' �08-8p0 B. 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DIS LAND PLANNING SURVEYING VEYING e ENGINEERING OVER CROSSING 2ND ADDITION C MORIAL AVENUE SML5620 WATE9,MNNESOTA NORTH 5508Z Phone N l 1 W ® E 1 1 \ LEGEND ary - \ • DENOTES FOUND1 INCH IRON PIPE MONUMENTMARKED Yd1H A PLASTIC CAPAPINSCRIBED RIBED'FREEMAN LS 16989- 9' \ NOTES r- / \ nr rTr nT n \ nr ml nT r- 1)ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE RECORDED VV 1 L,V 1 l7 VV I L.V 1 L PLAT OF DISCOVER CROSSING ORIGINAL SCALE NCH 40 S89°39'55"W 20 SCALE IN FEET / C�. 171.49 _ \ ( R=225.00 VICLNIT'YMAP \ L=11.61 SEC. 2, T29N, R21 W \ L)=2o57'23" / 1' I ` I I 60TH STREET NORTH MN STATE HIGHWAY36 SD CB=S45°58'22"E NE1/4 I'"I nT A NW1 4 IrJYlE ZO � NOT TO SCALE O CB=N18"50'54"E . 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(y L 1✓ DISCOVER CROSSING 2ND ADDITION SHEET 2 OF 2 SHEETS Lake Elmo Agenda Section: Planning and Zoning No 9d tn City Council Dec. 19,2006 Agenda Item: Proposed Process for Moving Ahead ii,ith Re-Zoning Purpose. The city council is being asked to provide direction on how to proceed with the re-zoning process that the planning commission is undertaking in light of the request for an extension for submitting the zoning code to the Metropolitan Council. It will be important to submit a framework for proceeding with this rezoning to the Metropolitan Council. The staff is proposing a process that begins with joint city council and planning commission workshops to review the draft code and to allow the two bodies to discuss the code and the process. If need be, it will also allow the city council, as the policy setting body for the city, to clarify for the planning commission any policy directions that the city council wants to see specifically incorporated in to the new zoning code. The process also includes a suggestion for ways to communicate the proposed zoning code changes with property owners and citizens. Background. The city's zoning code is the implementation tool for its comprehensive plan. It provides the legal regulations for what property owners can and cannot do on their land. Because zoning is the city's Iegal tool for managing its land use and because it is critical for property owners' use of their properties, any zoning code must be specific about what is allowed in each district. Depending upon the magnitude of the changes in the zoning districts, a new zoning code potentially affects every property owner in the city (except for the Cimarron area). In most cases the revisions in the zoning districts may be so minor that there is no real change to how the property owners in that district may use their land. (There are approximately 3,000 parcels of land that are part of zoning districts that are scheduled for some type of revision.) Although many revisions may be very minor, it is important to clearly communicate proposed zoning code changes so no property owner is taken by surprise when they come in for a building permit or other land use planning request. In order to assure property owners that there will be a public process for making any changes, state law requires that planning commissions' hold public hearings on proposed zoning code amendments and that property owners of acres that are 5 acres or less in size and property within 350 feet of these property owners must be notified of the hearing by mail. Process to date. The preparation of a new zoning code got underway, in part, because the Metropolitan Council required the city to submit a zoning code that reflected the comprehensive plan policies within nine months of the comprehensive plan's adoption. For Lake Elmo,the deadline for submitting the revised zoning code to the Metropolitan Council is January 17, 2007. The city is requesting an extension to that deadline. Providing a process that the city is following will help the city's application for an extension. Over the past several months the planning commission has spent time, care and thought in preparing a revised zoning code for the city. The commission has worked diligently in an effort to meet the Metropolitan Council's January 17, 2007 deadline. The proposed code includes new districts with significantly revised zoning regulations as well as districts with almost no changes. The planning commission is now preparing to bring these revisions to property owners at public hearings before adopting the revised code and recommending it to the city council for the city council's review, revisions and approval. On December 11, 2006 the planning commission held its first public hearing on the new zone, Village Residential (VR). Several property owners and interested citizens in the proposed Village Residential_zone attended the hearings- The_planning commission hoped to.adopt the VR zone changes as well as move forward with the other 10 districts in December. However, there was not time to mail out the legally required notices to property owners in time for the planning commission to complete its process and make a recommendation to the council in time for the council to take action before the Metropolitan Council deadline of January 17, 2007. Communicating re-zoning to property owners and citizens. The request for an extension from the Metropolitan Council for the submission of its zoning code gives the city an opportunity to re-visit how it wants to proceed with this critical land use document. from a communication standpoint two things are desirable in the re-zoning process: 1)that property owners' be invited to learn about the proposed zoning code changes in a manner that allows clear information and questions, and 2)that, if at all possible,the zoning code approved by the planning commission and recommended to the city council reflect the policy direction that the city council wants to see in the document going before the public hearings so that the document recommended by the planning commission does not undergo substantial policy revisions if at all possible. This is not a legal issue, but a communication issue. To accomplish the first objective,providing information to property owners, the staff suggests a process that provides for public information meetings/hearings by the planning commission to be held on individual zones (one or a few at time). Information handouts accompanied by maps that are easily understandable can be distributed to those attending the meeting and also be provided to those who cannot attend. The format for these meetings might include some informal question/answer and information gathering time prior to the start of the formal public hearing. To accomplish the second objective, asking the planning commission to incorporate city council policy direction into the draft zoning code, is more complex and may not be viewed as desirable by all parties, However,to minimize major changes occurring between the plamling commission's adoption of the zoning code for recommendation to the city council and the final zoning code adopted by the city council,the staff suggests that the city council and planning commission jointly meet so that the city council can learn about the planning commission's work on the zoning code and the planning commission has the opportunity to understand what key policies the city council will want to see incorporated into the revised code. Using this approach,the zoning code prepared by the planning commission and presented to the public by the planning commission may reflect the policies that the city council will want incorporated into the original draft document. Proposed process. Please see the attached chart for a possible process for proceeding with this approach to the zoning code for your input and comment, Action Items: Person responsible: Direct staff on how to proceed with the process for moving ahead Susan Hoyt, Project Director with re-zoning Kelli Matzek,Assistant Planner Attachments: Time Allocated: Proposed process for proceeding with the rezoning To be determined by city council, ` December 13,zoos PROPOSED PROCESS FOR MOVING FORWARD WITH RE-ZONING Goals: To create consistent policies between the council and commission; To maximize communication of public information ................ RESPONSIBLE PARTY ...._.__..._..,.,.,......_,......_.._ACTIVITY _ City Council/Planning Commission Joint workshop to; Review roles of planning commissions/city councils according to statute.(Attorney) Review the statutes related to comprehensive planning and zoning code. (Attorney) Identify approach to reviewing proposed revisions to the zoning codo• __ _Council/Commission -,_,_.,._.,.,_,.,.,._,.,._.._....,........•.,.............._...............................__._._._................__......._. _.,............_._......._..._.....,...,......•..,_....,,.._...,,.._._.._.._..,..........,._..._....__......._.__......__...,............_........._.............................. City+Council/Plann.ing Commission At joint workshop review draft zomn code_ ._ ...._...-......,._-.-_ .... ..........._.........._...__.............. City Council/Planning Commission Anoint workshop review draft zoning code __6ty Council ;____._._____._.,...._._,_._._._____..........._....._._.._.__ Provide key policy principles for zoning code to planning commission Planning Commission Meeting Review draft zoning code Determine next steps for any changes in zoning code Identify public communication process to follow as sections of the code become ready to public inputlhearings _._.._.___,........___,._._...,__.__...._._.._..-__,.___.-___....____........._.....___.._ __...____.......,.....,,,_,.,,.,_,_,.,_,. _.._.-....-.............__-____._._,.__..........,_.._...,.,....".., Planning Commission Revisit/revise draft zoning code sections as needed Attorney Review draft zoning code sections as they are drafted for legal issues and report-back-to the piannin�commission lannmg_Commissiion ............................... ............................rv...,.......Reviseif n....,.....__,.,__. ........eededz,.....ba..sed upon.attorney's review.._..,..,......,...,.,...................,..•....•..•.......•..,..._............. P __ Planning Commission Plan meetings on individual or a few zones at a time Determine format for meetings— ■ Consider time for informal information and Q and A as well as the public hearing portion Determine location for meetings Determine schedule for meetings of individual/few districts at a time Staff Prepare notices for property owners that briefly explain what the purpose of the meeting is and why it is important Public notice in paper with explanation Prepare materials for handouts/presentations at the meetings and for distribution to those property owners/citizens who cannot be at the - meeting__.__,...._............... Planning Commission Host public meetings/hearings on proposed zoning code districts as scheduled -........._................._,...-----_..._...--_- __.....__..._......__..........._, .....__..._..,.,_....__..,_..._.._..__,_._....._._.....,__,.__.......----.........,---._................_........_,.............,........................_.—.._-- ..,_.......... Planning Commission _ _ Revisit each zone after the public_input/hearing and revise as desired Planning Commission Adopt and recommend sections of the revised zoning code to the city council as they are.completed complet ^___._,_..,_.__._..__.________-.-_-._........-_.....__..,._.,.._,_.,.__,_._________ City Council Review sections of the zoning code as they are passed on by the Manning commission„ _._.__._.._._..__ _..___.._....,...._.,...._,._.....____............._................_.._.................... _..._. __..._...,_................._.__.__.,_,..,......._.,_..•._........._....._._._..,•..........,_. Attorney_-----_...-.-.-_.-__ Final legal_review _-_. City Council Incorporate legal comments Adopt final zoning code,districts as they are completed_,_......__.._..,...,.._.,_....,...._.......... Metropolitan Council-_ _ _-__ Receives final zoning code from the city _ s 1 gter THE BIRTHPLACE OF MINNESOTA � December 19, 2006 �) City of Grant amity of Lake Elmo City of Oak Park Heights Stillwater Area Public Schools Stillwater Township Re: City of Stillwater—Liberty West Comprehensive Plan Amendment To Whom It May Concern: For your review and comment please find attached a Comprehensive Plan Amendment (CPA) for the Liberty West development in the City of Stillwater. This amendment is also being forward to the Metropolitan Council for their consideration. i I would ask that you please provide a letter, with or without comments,regarding this proposed Comprehensive Plan Amendment by January 31, 2007. If you have any questions or comments,please call me at 651-430-8822. Thank you. Sincerely, Michel Pogge, AICP City Planner i CITY HALL: 216 NORTH FOURTH STREET STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 • WEBSITE: www.ci.stillwatelM.Lis Metropolitan Council Local Planning Handbook I Amendment Form Comprehensive Plan Amendment Submittal Form AMENDMENT NAME Liberty West Comprehensive Plan Amendment This form is available in MS Word format on the Metropolitan Council's website: http://www.metrocounci1.ora/r)Iannina/assistance/resources.htm. COMMUNITY PROFILE AND AMENDMENT OVERVIEW 1. Provide the following information: __.Local governmental unit City of Stillwater Contact name Michel Pogge, AICP Contact title City Planner Address 216 N. Fourth Street City, State, and Zip Stillwater, MN 55082 -Telephone number 651-430-8822 FAX number 651-430-8810 Email address mpogge@ci.stillwater.mn.us Date of preparation December 20, 2006 2. Identify type of amendment and describe. Check ail that apply: X CPA of 8.0 acres of land from rural residential to small lot single 2a. Land use change family. Within current MUSA. 2b. MUSA Expansion or Change 2c. Text Change 2d. Other 3. Provide a description of the amendment. General location East of and adjacent to Manning Ave and approximately 725 feet north of Liberty Avenue Brief description CPA of 8.0 acres of land from rural residential to small lot single family. The current land use designation allows up to 3 units. The proposed change would allow up to 32 units on 8 acres. The development plan under review would allow 20 single-family dwelling units or 2.5 dwelling units per acre. Affected area, in acres 8.0 acres February 2006 SECTION 1: PROCESS OVERVIEW htt ://www.metrocouncil.or / lannin /LPH/LPHSectl.pdf 4. Indicate official local status of the plan amendment. (Check all that apply.) The local governing body must take action on the proposed amendment before submittal to the Metropolitan Council. Action Date of Action X Acted upon by planningcommission 12/12/2005 X Approved by governing body, contingent upon 1/3/2006 Metropolitan Council review 5. List adjacent local governments, school districts and other jurisdictions and the date the copies were sent. Notifying adjacent governmental units and affected school districts is one of the criteria the Council will use in determining whether an application is deemed complete for review. The City mailed copies of this proposed CPA to the following jurisdiction of December 19, 2006: • City of Grant • City of Lake Elmo • City of Oak Park Heights • Stillwater Township • Stillwater Area Schools — District 834 6. Identify outstanding issues or conditions made in the Metropolitan Council's review of the municipality's 2020 Comprehensive Plan Update or subsequent comprehensive plan amendment? No, the Council's review did not identify any issues or conditions. Issue/Condition Steps taken or future planned actions, including date (e.g.)Tier II Sewer Plan City Engineer drafting. Will submit to Council for review by December 2005. 1/1 problem The City has undertaken improvements to City's sanitary sewer mains and is looking at potential areas for excess inflow to help alleviate the 1/1 problem. The City of Stillwater has submitted a work plan that commits the City to investigate and mitigate 1/1 problems in the City. Additionally, with the 2008 comprehensive plan update the City will be addressing the following items as required by the City's system statement: • A flood related III study and implementation program for the elimination of the flood related inflow from its sanitary sewer system. • A description of the city's 1/1 program. What efforts does the city make in the maintenance of its sanitary disposal system? Does the city prohibit the connection of sump pumps, rain leaders and passive drain tile from the sanitary sewer system? February 2006 2 7. Will/has an environmental review (Environmental Assessment Worksheet, Environmental Impact Statement or Alternative Urban Areawide Review) be/been completed for the site? No, none required. X Yes, indicate type of review and approximate date of completion. Include a summary of findings, if completed: AUAR. Original report was completed in 1998 with updates/reviews in 1999 and 2005. Reports were reviewed by Metropolitan Council. AUAR did not identify any issues related to this site. SECTION 2: FORECASTS http://www.metrocounci1.org/planning/LPH/LPHSect2.pdf 8. Does the plan amendment change the population, household and employment forecasts that appear in the Metropolitan Council's published forecast tables? (Published forecast tables are online.) X1 No: no change in community-level forecasts Yes: identify the net changes to community-level forecasts due to the plan amendment: Net Changes to Community-level Forecasts Additions or reductions due to the amendment ) 2010 2020 2030 HouseholdsPopulationEmployment For all amendments that propose land use or forecast changes, you must complete the questions#10 (land use), #11 (housing), #12 (trip generation), #20 (sewer flow) and #30 (water supply). February 2006 3 SECTION 3: LAND USE httD://www.metrocounciI-orq/r)fanning/LPH/LPHSect3.pdf 9. Does the plan amendment propose any impacts to wetlands located on the site? X No wetlands on the site. No impacts to wetlands located on the site. Yes, describe the type of wetland, potential impacts and mitigationplans: 10. Describe land use changes in acres, applicable to this amendment site, using the following tables and filling in the community's specific land use categories; Not Applicable. All Land Uses Residential Land Uses Only, Land.Use Designation '(fill.in Acres # Units and Density Range specific land use,categores) -.Pre CPA :-Post CPA Pre-CPA , Pbst CPA Rural Residential 8.0 0 2 units existinq 0 Small Lot,Single Family 0 8.0 0 Up to 32 units 20 units proposed P Total 8.0 8.0 2 20 CPA=Comprehensive Plan Amendment February 2006 4 11. If the proposed amendment changes the amount of land city wide staged for development by 2011 for medium density, high density or mixed use residential development, complete the following table to identify the amount of land available pre and post amendment : Pre and post amendment is Single Family Development. Not Applicable to this project. Acres city-wide for each land use Acres city-wide for each category land use category Fill in all land use categories Pre-amendment Post-amendment that allow for multifamily Total Developed Developable Amendment Developable residential development Acres acres Acres* acres** acres a b a-b=c d c+d=e Not applicable "Developable" means land planned for urban residential development, infill or redevelopment before 2011. **Amendment acres from the municipality's response to Question#10 above. SECTION 4: TRANSPORTATION http://www.metrocouncil.gfg/planning/LPH/LPHSect4.pdf 12. Complete the following table using the Institute of Transportation Engineers Trip Generation Manual, 6`" Edition, to show whether this plan amendment increases or decreases trip generation from the planned land use and transportation element of the community's comprehensive plan. Trip Generation for the Site Based Trip Generation for the Site Based on Planned Land Use on Planned Land Use Pre-Amendment Post-Amendment Est. average daily traffic 28.7 191.4 Est. peak hour traffic 2.25 15 13. Will these changes require improvements to the existing local and regional road network or interchanges beyond what is in the community's current transportation plan? X No, existing local and regional road networks can accommodate increase. Yes, describe improvements and who will pay for them: Access 14. If the site has direct access to a principal or "A" minor arterial, is location and spacing consistent with applicable County guidelines or MnDOT's Access Management Guidelines (httr)://www.oim.dot.state.mn.us/access/index.html)? X Not applicable, no direct access to a principal or "A" minor arterial. No, explain: Yes, describe: February 2006 5 Transit and Other Modes of Transportation 15. Will this amendment enhance access to transit services, increase or decrease the demand for transit services or warrant the extension of new transit service? X No, not currently served by transit or will not affect transit. Yes, list existing routes, describe changes and identify proposed/necessary transit facility improvements (e.g. shelters, park and rides): 16. Does the plan amendment include Traffic Demand Management(TDM) strategies or land use and urban design measures, if applicable? X No, explain: n/a Yes, describe (e.g. car and van pooling, flexible work hours, mixed land uses that discourage vehicle trips and promote walking, biking, ridesharin , and transit): 17. Does the plan amendment include pedestrian and bike access and facilities, including crosswalks, bridges, trails, sidewalks, and bike racks, if applicable? No, why not: X Yes, describe: 4 foot sidewalk in development with 8 foot trail along Manning Ave CSAH 15 A via tion 18. Does the plan amendment affect any airport functions? X Not applicable, site not within airport influence area or search area. No, site within airport influence area or search area but no impacts. Explain: Yes, describe relationship to airport safely/noise zones, land use compatibility or other possible impacts., SECTION 5: WATER RESOURCES htti)://www.metrocouncil.or_gplanning/LPH/LPHSect5.pdf Wastewater 19. What type of wastewater treatment will be utilized to serve the proposed amendment? Individual Sewage Treatment Systems ISTS . Privates Owned/Community Treatment System. Local/Municipal Owned Wastewater Treatment Plant. X Regional Wastewater Treatment. February 2006 6 20. Complete the following table, to show whether this plan amendment increases or decreases wastewater flow from currently planned land use and sewer flow projections. Total Community Flow Total Community Flow Pre-Amendment m d Post Amendment-(m d 2000 2.30 * 2.30 2010 2.53 2.53 2020 2.68 2.68 2030 2.57 2.57 Mgd=million gallons per day *Based on average aF actual 1999, 2000, and 2001 flows. Per discussion on December 15,2006 with Kyle Colvin. 21. Does the local wastewater system.have adequate capacity, or staged capacity to accommodate the proposed amendment? X Yes, explain: Mains in area are of adequate size to handle the projected flows (both peak and daily average). No, explain: 22. Does the regional wastewater system have adequate capacity, or staged capacity to accommodate the proposed amendment? X Yes, explain: This is a small development within the allocated system stem statement flows No, explain: 23. Has the community and/or Metropolitan Council identified an inflow and infiltration (W) problem? X1 Yes, describe the steps taken to address the 1/1 issue and plans for future action: See Question 6. No, the City/Twp does not have an identified 1/I problem. 24. Identify interceptor(s) that will be impacted by these changes and indicate if flows will be diverted from one interceptor service area to another? This change will have a minimal impact on the interceptor and will not require any changes. 25. Does the plan amendment include any wastewater flow to an adjacent community? For new intercommunity agreements, the receiving community must also amend the sewer element of its plan. Yes, enclose a copy of the inter-community agreement X I No. February 2006 7 Surface Water 26. Will stormwater runoff generated from proposed amendment be treated on-site? No, check one of the following and describe: Runoff will receive no treatment: Runoff will be treated off-site, identify off-site treatment facility: X Yes, describe type and level of on-site pollutant removal treatment/mitigation plans: Will create both detention and infiltration/retention ponds. 27. Does the community have an updated stormwater management plan, including best management practices and implementation strategies? X1 Yes, Year adopted: Originally adopted in 1993 with the latest update completed in Jul of 2005. No, explain: 28. Does the community have an adopted erosion control ordinances? X Yes, Year adopted: Originally adopted in 1993 with the latest update completed in July of 2005. No. Water Supply 29. Does the community have an updated water supply plan? X Yes, Year adopted: The Water Board adapted a water emergency and conservation plan in 2006. The City, in cooperation with the Water Board, will also be reviewing the water system as part of the 2008 comprehensive plan update. I No. 30. Will the proposed plan amendment increase or decrease projected water use from the community's current water supply plan? X No increase or decrease in projected water use from water supply plan. Yes, provide water supply plan amendment to describe necessary facilities improvements or changes: SECTION 6: PARKS http:/lwww.metrocouncil.org/planning/,LPH/LPHSect6.pdf 31. Does the amendment include, or is it adjacent to or within '/2 a mile of an existing or planned regional park, reserve or trail, as identified in the 2030 Regional Parks Plan? X Yes, describe potential impacts and mitigation plans: Washington County Greenway regional trail corridor following Manning Ave, adjacent to this site. The City is working with the County as it is master plans the trail location with development in the City. A portion of this trail will be constructed as part of this development. No. February 2006 g 32. Does the community have a Parks & Open Space Plan including regional park elements? X Yes, Year adopted: 2000 No. SECTION 7: IMPLEMENTATION http:/Iwww.metrocouncil.org/planning/LPH/LPHSegtZ.pdf 33. Will the plan amendment require changes in zoning or subdivision ordinances, capital improvement program (CIP), or other official controls? X No. Yes, describe proposed changes and timeline: 34. Does the community have natural resources protection ordinances, including wetland, tree preservation, and steep slopes? X Yes, identify: Stillwater has ordinances concerning wetlands, tree preservation, and steep slopes. This project has no wetlands or steep slopes. A tree preservation plan was developed for this project and will be followed as the site is developed. No. February 2006 9 '! 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'i rs -- �dl :s-. - _.e 6 R dytown OMWLE Wp. ter udsonPull `� 5 PROPOSED NEIGHBORHOOD PRELIMINARY °' \U.La�Celdnd �r4 vt r, } N c ta1Jw yst}J(i fat�uI T�, NOTE: SITE PLANNING SEEKS TO RETAIN MAJOR SPECIMEN TREES AND GROUPS OF EXISTING m DECIDUOUS AND CONIFEROUS TREES. _ r EXISTING �m-I............ CROIX CAPITAL ENDI T GROUP, INC. IX Vk CHRIS AAMODT-PRINCIPAL 'P 6428 MANNING AVE.NORTH STILLWATER,MN 55082 T, -7212 N PHONE:(651)235 N A -;4tz`0 Z waV1wlZlllVrVll-1 1A, gi A ��tpp jrxz', -8,un NORTH TIE "LIBERTY 611- E x",Wni I G tf V-3, T, WEST ge, wv% F Jq ANTIN WWII— Couagehomeshaset6of ofpi-eserved K\ 1� REENS oaks,conifersand )ublatailsystem a enimnedmuipon ingandwaterfalls. m 3m, w ILLUSTRATION [A" v- "Mr, -A 4 -N, Ilk NMI k4l I -qygg, PLAN 1A V v OF _3 11M N g- �54np n "l�N"N' gg�'- a�- & ,ow MA J�'j ` '.,- - pg, -5, -4fi& 1-a-m - m ,wo AR M - pz ft ,5 Sa K" PIN- ,g - Q� - 11-I--17,--1 0-`V�,ur) ,Sul- 41 -1� a . " :?io KV 3 4X� A- w MP,RT LM,NW ,ra an 5 on R -g- pow n', ami-i-K-s-, m Am g� 4, 4/22-11/18/05 N 0 0 wl, N.z -,Z4EN &Q� "g-111-or DRAWN V;� Ui -2 M 1p Ug :11/23/05 "ITEN, 46 -wn- Ilk 'R Q 200-5 Pli-PJAN PLANNING&DESIGN MKi u EMU` 0 0 MOM- 4 fpA MT 6 gg qq N 6�(DDI) 'Eli JFR�, V X Es ar ! ," WIN w IRI-f A- mwg�m� - -, 0 t NO- rpq k- V',-Q,,--Si --�. ��--- ,I WN"'t W'. m was iraKv g 62 'AM W. t, , -g -g— Fos �A —1 -,gg ,gl —A g tV BITO A �NFR,,i NNE 1 "OU-M, NiR -'S ---y gg, ai f,"W Ak 'S 9 4, 2 N nzc` Tom- /Z ------ Ilk, UT tm J� -m .q,'m�gmn- -2c-- g, -,K E �A & pg i. N W �tf, 'm TU, rN N gz X10" 091 C -n V. R17 f 240' , -1, '. g g g fit N a mw RIM MM2-� '—k; Fq) Wr �,o 4,AQ v-, R, K V Z 41, P% IN 10" --v Nb, R 01 lou 2 A M.-,N b Ai Metropolitan Council u December 18, 2006 Environmental Services Travis Germundson RECEIVED Minnesota Department of Natural Resources 1200 Warner Rd. St. Paul, MN 55106 Re: Water Supply Plan—City of Lake Elmo Metropolitan Council File Referral No. 19926-1 Metropolitan Council District 12 Dear Mr. Gennundson: The Metropolitan Council (Council) has completed its review of Lake Elmo's water supply plan update as required under Minnesota Statutes, Section 473.959, subd.3. As agreed upon,please include the following comments with the Department of Natural Resources conunents on the water supply plan. The average residential per capita demand over the past 5 years was 64 gallons/day, which is below the 2002 metropolitan average of 75 gpcd. The conservation section of the plan describes programs designed to lower this demand.The Council encourages the city to continue implementing its programs to help keep water use down. The city's average maximum day to average day ratio for the last five years was 3.6. This is higher than the metropolitan average of 2.6. The Council encourages the city to continue enforcing its watering restrictions and target conservation education at reducing customer water use during peak water use periods in order to reduce its maximum day to average day ratio. The city is reminded that if there are any changes in demand projections or in other areas of the water supply plan,the city will need to provide the Council with the updated information as an amendment to the water supply plan when it submits its 2008 comprehensive plan. This letter completes the Council's review process. Should any questions arise on the Council's review comments or on the process it followed,please feel free to contact Chris Elvrum at(651) 602-1066 or Sara Bertelsen at(651) 602-1035. Sincerely, G Keith Buttleman Assistant General Manager, Environmental Quality Assurance Cc: Chuck Dillerud,City of Lake Elmo Chirs Georgacas,Metropolitan Council Member,District 12 Bob Mazanec,Metropolitan Council Sector Representative www.metrocouncii.org 390 Robert Street North • St. Paul, MN 55101-1805 • (651)602-1005 • Fax(651) 602-1477 TTY(651) 291-0904 An Equal Opportunity Employer METROPOLITAN AIRPORTS COMMISSION *+, P'ti5 S41ti Minneapolis-Saint Paul International Airport 6040- 28th Avenue South •Minneapolis, MN 55450-2799 oPhone (612) 726-8100 too RECEIVED AIRPORSy V December 19, 2006 Charles Dillerud, Acting City Administrator City of Lake Elmo 3800 Laverne Ave. North Lake Elmo, MN 55042 RE: Metropolitan Airports Commission Approved 2007 Capital Improvement Program Dear Mr. Dillerud: The Metropolitan Airports Commission, at its meeting on December 18, 2006, approved the Capital Improvement Projects (CIP) to be accomplished on its airport system in 2007 along with a 2008 Capital Improvement Program. The 2008 projects have been approved for further study and development of plans and specifications for implementation in the following year. Staff has also been authorized to conduct studies and develop preliminary plans and specifications for year 2009 projects. The documentation necessary to encumber Federal funding for eligible projects will be initiated in conjunction with the development of the preliminary and final plans. A copy of the CIP spreadsheet that lists the projects and estimated project costs and a short narrative of each project proposed for 2007 and 2008 are included for your information. Sincerel , Robert J. Vorpahl, E. Program Development Engineer RJV/Irk Enclosure cc: Nigel Finney Gary Warren CIP file FD&E packet file Day file The Metropolitan Airports Commission is an affirmative action employer. www.mspairport.com Reliever Airports: AIRLAKE •ANOKA COUNTY/BLAINE •CRYSTAL•PLYING CLOUD •LAKE ELMO •SAINT PAUL DOWNTOWN 2007 Capital Improvement Program Minneapolis-St. Paul International Airport November, 2006 Runway Deicing/Holding Pad program Runway 12L Snow Melting Pad Expansion $1,700,000 This project provides for the expansion of the Runway 12L snow storage/melting area including the replacement of the existing snow melter with a three burner melter. These improvements will provide for a larger snow storage pad and increased melting capacity that will result in increased efficiency of the pad. Taxiway C/D Complex Construction Taxiway C/D Complex $8,200,000 This project is the third phase of a multi-phase program to reconstruct and reconfigure Taxiways C and D between Runway 12L/30R and Runway 12R/30.L. This project provides for the realignment of Taxiway C between Taxiways A and Taxiway C6 and the reconstruction of pavement bounded by new alignments of Taxiways A,,B, C and D. Airfield Rehabilitation Program Airside Bituminous Rehabilitation -$500,000 An ongoing program to construct or reconstruct bituminous pavements within the Air Operations Area. Two projects areas are planned for implementation in 2007. One involves construction of bituminous shoulders on Taxiway R from Taxiway R8 to Taxiway R3. The second provides for the mill and overlay of the bituminous roadway in the tunnel under Runway 12R/30L. Pavement Rehabilitation—Aprons $2,300,000 This is an ongoing program to replace sections of concrete pavement in the aircraft operational areas that have deteriorated to a point where maintenance is. no longer a viable. option. This year's project will replace approximately 6,000 square yards of apron pavement at gates C1 and D6 including associated gate fuel hydrant systems... Pavement Joint Sealina Repair $800,000 An ongoing program to provide for the resealing of joints in existing concrete pavements. The project also provides.for limited crack and surface repair. This year's project is located adjacent to Concourses C, D and G including adjacent taxiways. Runway Rehabilitation Program Pavement.Rehabilitation—Runway 12R/30L Seq. 2 $17,500,000 This project provides for the reconstruction of the middle section of Runway 12R/30L located between Runway 4/22 and Taxiway A4. Reconstruction of two separate segments has been completed in previous years with Segment 2 being the final section of pavement requiring reconstruction. Terminal Rehabilitation & Development Program International Arrivals Facilities $200,000 This project provides for improvements to the International Arrivals Facility at both the Lindbergh and Humphrey Terminals as required. Landside Rehabilitation & Repair Program Landside Pavement Construction $400,000 An.ongoing program.to.reconstruct the airport's roadways and parking lots...A specific project has not been identified at this time. Pavements will be evaluated in the spring of 2007 to determine whether a pavement repair project is needed. Parking Structure Rehabilitation $1,500,000 An ongoing program to maintain the integrity of the airport's multi level parking. structures. Projects. typically include concrete repair, joint sealant replacement, expansion joint repairs, concrete sealing and lighting improvements. A Parking Facility Maintenance, Rehabilitation and Management Program is currently being prepared and will define the scope of the projects to be completed in 2007. 12/14/06 1 s Terminal Modifications $2,000,000 Each year, MAC staff compiles a list of"maintenance" projects that are. beyond the capability of the MAC's maintenance staff. These projects are then prioritized and completed either as a series of contracts or as purchase orders. A list was compiled for 2006 and any projects that did not fit within the budget will be carried over into 2007. New projects will be discussed in early 2007. Summarized below are the categories of the projects that are included in the Terminal Modifications program: Building Exterior Rehabilitation This is a continuation of the program to rehabilitate the exterior of the Lindbergh Terminal and other MAC buildings including roof and curtain wall rehabilitation. I Terminal Electrical Modifications An ongoing program to address electrical issues in the terminals due to age and deterioration of the existing systems or modifications necessary for improved reliability. Terminal Mechanical Modifications An ongoing program to address mechanical issues in the terminals due to age and deterioration of the existing systems or modifications necessary for improved reliability. Terminal Miscellaneous Modifications An ongoing program to update and remodel areas within the terminals to keep abreast with changing requirements. This may be accomplished through a series of small individual projects to meet the requirements of the various tenants or may be consolidated into a single project. Humphrey Terminal & MSP Campus Modifications An ongoing program to modify or remodel areas within the West Terminal Complex, the Humphrey Terminal and other facilities around the MSP Campus to meet the needs of the various tenants/general public/MAC departments utilizing the facilities *Historically, projects have been defined for each of these five categories. With reduced dollars available to fund non-revenue generating projects, a total dollar allocation of$2,000,000 has been allocated to fund the highest priority projects within any of these project categories. Reliever Airport Program Airlake North Building Area Alleyway Rehabilitation $400,000 An ongoing program to rehabilitate aircraft operational areas (runways, taxiways, aprons) through bituminous overlays, seal coats, or in some instances, reconstruction, to restore the surfaces to a smooth, even condition and improve overall operating conditions. This year's project will include the second phase in the rehabilitation of the pavements in the Northeast Building Area. South Building Area Development $2,700,000** This project is the second phase in the program to develop a new South Building Area. This.year's project will include placement of aggregates and bituminous pavement along with minor drainage improvements and general site clean up. It may also provide for the installation of sanitary sewer and water main. The paving of a section of 225'"Street to connect to Cedar Avenue is also included in this project. "Funding for this project to be provided by others Anoka County—Blaine Pavement Rehabilitation $500,000 An ongoing program to rehabilitate aircraft operational areas (runways, taxiways, aprons) through bituminous overlays, seal coats, or in some instances, reconstruction, to restore the surfaces to a smooth, even condition and improve overall operating conditions. This year's project will include the reconstruction of portions of Taxiway C and Taxiway A, connectors E1 and E2 to Runway 18/36 and crack sealing in the west annex and west, east and south building areas. 12/14/06 2 Runwav 18/36 Lighting Replacement $250,000 Tests of the runway lighting wiring have indicated that the wiring has deteriorated to the point that replacement is required. Crystal Obstruction Removals $320,000 This project provides for the removal of trees that have become obstructions to the Crystal air space. Costs include location surveys, appraisals, negotiations and tree removal. Pavement Rehabilitation $500,000 An ongoing program to rehabilitate aircraft operational areas (runways, taxiways, aprons) through bituminous overlays, seal coats, or in some instances, reconstruction, to restore the surfaces to a smooth, even condition and.improve overall.operating conditions. This year's project will include the reconstruction of pavement sections of Taxiways A and E that are close to failure. Lake Elmo East Building Area Development $2,100,000** This project includes the grading and paving for alleyways, an access road and connecting taxiway for a j new East Building Area, including taxiway pavement marking and reflectors. This project will also include storm water management and, if necessary, wetland mitigation. "Funding for this project to be provided by others. Pavement Rehabilitation $300,000 An ongoing program to rehabilitate aircraft operational areas (runways, taxiways, aprons) through bituminous overlays, seal coats, or in some instances, reconstruction, to restore the surfaces to a smooth, even condition and.improve.overall.operating.conditions. .This year's project will include the reconstruction of the northeast end of Taxiway 4/22 and any necessary airfield pavement crack repairs. St. Paul Bayfield Street Rehabilitation $200,000 This year project provides for the completion of the rehabilitation of the segments of Bayfield Street impacted by the perimeter dike construction between the MAC Administration Building and the south end cul.de sac including the installation of the final wear course of asphalt pavement. Flood Protection Dike $22,500,000 This year's. project provides for the construction of the full perimeter dike including procurement of temporary deployment walls, installation of permanent sheet pile walls, earthen berms and landscaping. The project also includes the construction of a storage building for temporary wall materials. Joint and Crack Repairs $100,000 The pavement subgrade at the St. Paul Downtown Airport is extremely poor. An annual joint and crack repair program has therefore been initiated to maintain pavement strength and pavement life. MAC Building Maintenance $100,000 An ongoing program to provide for facility modifications to ensure continued efficient operation of buildings or modifications necessary to meet the requirements of the tenants. Runway Safety Area $2,400,000 This project consists of improvements to the end of all runway safety areas to meet current FAA requirements. .This year's project is the.second'phase in the project and will include relocation of Taxiway D at the Runway 9 end, relocation of Taxiway E north of Runway 27 and new PAPIs for the Runway 27 approach. This work is being done to coincide with the impacts from the perimeter dike project. Miscellaneous Field and Runway Program Miscellaneous Construction $400,000 An ongoing program to consolidate various incidental items beyond the capabilities of the maintenance personnel, projects too small to be accomplished independently or to handle airside problems requiring repair which come up unexpectedly. 12/14/06 3 I Miscellaneous Landside Program Central Alarm/Monitoring System/Fiber Optic Cable Installation $250,000 This project will provide a centralized monitoring system consolidating data and alarms from several facility systems into a higher level acquisition and alarm display system. Previous projects have already installed a fiber optic backbone and associated communication hub rooms throughout the Lindbergh Terminal and between the Lindbergh and. Humphrey Terminals and have relocated the Lindbergh Terminal's main communications infrastructure room and a data transport system. This is a continuation of the program that started in 2003 and will include adding monitors to the tug doors, the groundwater sump pumps in the Lindbergh Terminal and to the automatic doors throughout the Lindbergh and Humphrey terminals. Humphrey Parking Structure Expansion $4,600,000 This project provides for the expansion of the Humphrey Parking Structure to provide an additional 4,550 parking spaces. The existing parking structures continue to fill up on a regular basis and additional parking will be required ahead of the expansion of the Humphrey Terminal under Phase 1 of the 2020 Development Plan. The ramp structure and building. core finishes projects were bid. in. 2006. This year's project will provide for all site work. New Projects Program Lindberqh Terminal Sprinkler System $3,000,000 Changes in the state building code require that the terminals be fully sprinkled. The Lindbergh Terminal will be sprinkled as renovation work is completed. Energy Savings Projects $1,000,000 A program was initiated in 2002 to provide for the implementation of projects that would save the Commission energy costs in its operating budget. Discussions with both Xcel and Reliant have identified additional projects that are eligible for energy saving rebates and will save the Commission additional energy costs. Chiller Pump/Variable Speed Drive Upgrade $1,000,000 This project will provide a new 600 horsepower chilled water pump to replace the two existing 260 horsepower pumps. This project will also replace the existing 4160-volt starters on three chillers with variable speed drives. The variable speed drive retrofits will provide energy cost savings and may qualify for a rebate from Xcel Energy. Landside Concessions Development $1,100,000 The Commission approved a $2.2M CIP adjustment in 2005 to develop five landside concessions. This project provides for the concession work that needs to carry over to 2007. VMS Highway Signs $650,000 Landside Operations has requested that two variable message signs (VMS) be installed along the highway system that would provide travelers with information on parking at the airport. Airport Lane/34th Avenue Access Reconfjguration $800,000 This access from 34 Avenue and Airport Lane does not meet current traffic engineering standards. This project will realign the access to conform to standards for similar types of intersections. Concourse E Roof Replacement $2,000,000 This project provides for the replacement of the roof on Concourse E as the existing roof has reached its useful life and repairs are no longer economically feasible. MSP Fuel Consortium Modifications $600,000 The MSP Fuel Consortium operates the airline fuel system that was installed by the MAC. The Consortium has requested that upgrades to the system are required over the next several years. Projects that have been requested include installation of a. load rack/test stand, installing a low point sump on Concourse G and initiating a two year program to upgrade its emergency generator. The Fuel Consortium will reimburse MAC for these costs. 12/14/06 4 Post Road Taxi Lot Entrance/Exit Improvements $200,000 This project will add one entrance and one exit to the taxi holding lot on Post Road. Currently, 2,040 taxis per day enter and leave this facility. If one lane fails, automated control of the taxis terminates. Police officers and Landside agents must then manually control taxis until the system is brought back on line. New Projects Allowance An allowance has been established for new projects that have been requested. Field Maintenance Center Roof $650,000 A 2006 Roof Evaluation Report indicates that approximately 43,000 square feet of the roof of the Field Maintenance Facility is in need of replacement. This project will provide for the installation of a new rock ballasted EPDM roof. C Concourse Floor Repair $500,000 The concrete floor on Concourse C has deteriorated to the point where replacement is required. A program to replace the decking. began in.2004 and this year's project will be the final the phase in the program. The project is located adjacent to Gate C3. Commission Chambers Upgrade $300,000 The MAC.Commission Chambers/Grieve Conference Center has been in use for the last ten years without substantial modification. This project will include upgrades to the audio, video, video- conferencing and technology presentation equipment and interfaces in the Commission Chambers and three conference rooms. The project will also provide new carpeting and furniture and additional way finding signage. The project will be phased over two years with upgrades to the audio technology proposed for 2007 Tug Drive Floor Repair $800,000 I The membrane waterproofing system on the tug drive floor is deteriorating and coming apart in various areas or has been damaged allowing water to leak into work areas, electrical vault rooms, the valet garage and other operational areas. The membrane system is nearing the end of its designated life of 5 years and must therefore be replaced in a phased program. It is proposed to replace the membrane system over areas critical to terminal operations and life safety systems in 2007. Food Courts Upgrade/Remodel $600,00.0 The Food Court projects include updating and remodeling fixtures, furnishings, and equipment at the A, F, C, and E Concourses food courts. This project is being implemented in conjunction with significant tenant funded leasehold improvements initiated with the Concessions Transition Project. The project will be phased over two years, with the E and F Concourse Food Courts scheduled in 2007 and the A and C Food Courts scheduled in 2008. Communications Center Expansion $1,900,000 The existing Communications Center space is inadequate to meet the needs of the current staff as well as future staffing needs. Existing equipment has not been upgraded since 1995 and there is a need to make strategic investments in new electronic technology to maximize productivity. Currently, the Communications Center and Operations Center are located together on Concourse E. Both departments are in need of additional operational space. A proposal to move both departments to a common location is under study. The Communications Department would be moved in 2007 with the Operations Department moving into the vacated space on an interim basis. Remodeling of the space for Operations would be required and once Communications has relocated. This project will be phased over two years. The facility build-out will occur in 2007 and the equipment installation will be in 2008. Security Improvements Patrol Operations Center $1,000,000 The Airport Police Department staffs a Patrol Operations Center (POC) located on the north end of the bag claim level at the Lindbergh Terminal. This facility provides administrative office space for patrol sergeants and community service officers, interrogation and booking rooms, a first aid room and two holding cells. The Badging and Lost and Found offices were previously located in this space but have been relocated. An interim remodel of these areas was completed in 2006 to provide some additional 12/14/06 5 } administrative area. The proposed project would provide additional remodeling and improvements to the electrical and mechanical systems and would include a sally port on the north side of the POC Perimeter Fence/Gate Barrier System $1,200,000 This project is part of a phased program to strengthen the perimeter security fence and airfield access gates. Proposed work includes the replacement of the existing chain link fence with a welded wire mesh fence. The new fence will be constructed on a concrete retaining wall in areas susceptible to vehicle intrusions. Jersey barriers will be placed in front of gates not in use and a hydraulic crash barrier will be constructed at one gate location. _Post Road Fuel Farm Security Improvements $850,000 The fuel farm on Post Road is a high security priority. The Police Department is recommending that a physical security enhancement is needed to adequately protect the site. This project will provide for the an improved perimeter security fence around the tank farm to include the construction of 8-foot and 6-foot welded wire mesh fence on concrete retaining walls or Jersey barriers. The project will also include the addition of gate barriers. Concessions Revenue Development/UParades $200,000 This project will fund miscellaneous upgrades (finishes, furniture, condiment stations, etc.), signage and/or modified connections to utilities for the concession programs at the Lindbergh and Humphrey Terminals. Humphrey Terminal Duct Bank Installation $600,000 This project provides for the construction of an electrical duct bank from Service Road K to the Humphrey Terminal and from 34t"Avenue west along Airport Lane. The Duct bank will be used by Xcel to provide a redundant electrical feed to the Humphrey Terminal. The cost of this project will be funded by Xcel. Avaya Building Sprinkler System/Roof $300,000 MAC has acquired the former Avaya building on 28t" Avenue with the intent to re-lease the building. Prior to putting the building on the market, a fire sprinkler system must be installed and the existing roof replaced. The sprinkler system is required according to MAC Standards that are over and above any code requirements. A roof survey completed earlier this year indicates that a new roof is required. Unallocated Allowance $1,700,000 A total of $10M has been allocated for new projects in 2007. There is currently $1,700,000 that has not been allocated and may be used to fund new work. 12/14/06 6 2008 Capital Improvement Program Minneapolis-St. Paul International Airport November, 2006 Noise Mitigation Program Residential Sound Insulation (60-64 2007 DNL) Pilot $3,200,000 There will be a series of projects to provide noise mitigation for single family residential houses within the certified 2007 DNL 60-64 noise contour. The mitigation will consist of a mechanical package that will provide air conditioning for homes that do not have air conditioning. Residential homeowners would be subject to a copay based on the following percentages: 64 DNL— 10%. 63DNL —20%, 62 DNL—30%, 61 DNL —40%, 60DNL.— 50%. Prior to proceeding with this program, a pilot program will be rolled out. The pilot program will be used to help determine manageable production goals for the program and to help determine out year project budgets Taxiway C/D Complex Construction Taxiway C/D Complex $2,000,000 This project is the fourth phase of a multi-phase program to reconstruct and reconfigure Taxiways C and D between Runway 12L/30R and Runway 12R/30L. This project provides for the reconstruction of pavement bounded by new alignments of Taxiways C, D, P and Q. s Airfield Rehabilitation Program Airside Bituminous Rehabilitation $500,000 An ongoing program to construct or reconstruct bituminous pavements within the Air Operations Area. Inspection of taxiway pavements and other airfield areas will be made to determine whether or not a bituminous repair project is required. Pavement Joint Sealing $500,000 An ongoing program to provide for the resealing of joints in existing concrete pavements. The project also provides for limited crack and.surface repairs. This year's project is.located.along Taxiways G and R at the east end of Runway 12L/30R. Runway Rehabilitation Program Pavement Rehabilitation—Runway 12L/30R Seq. 2 $23,000,000 This project provides for the reconstruction of the middle section of Runway 12L/30R located between Runway 4/22 and Taxiway P3 as well as the middle segment of Taxiway P and associated taxiway connectors. Reconstruction of two separate segments has been completed in previous years with Segment 2 being the final section of pavement requiring reconstruction. Landslide Rehabilitation & Repair Program Landside Pavement Rehabilitation $400,000 An.ongoing.program to reconstruct the airport's roadways.and parking lots. A specific project has not been identified at this time. Pavements will be evaluated in the spring of 2006 to determine whether a pavement repair project is needed. Parking Structure Rehabilitation $1,500,000 An. ongoing program to maintain. the integrity of the airport's multi. level parking structures. Projects typically include concrete repair, joint sealant replacement, expansion joint repairs, concrete sealing and lighting improvements. Terminal Modifications $2,000,000 Each.year, MAC staff compiles a list of"maintenance" projects that are beyond the capability of the.MAC's maintenance staff. These projects are then prioritized and completed either as a series of contracts or as purchase orders. A list was compiled for 2007 and any projects that did fit within the budget will be carried over into 2008. New projects will be discussed in early 2008. 12/14/06 7 Summarized below are the categories of the projects which are included in the Terminal Modifications program: Building Exterior Rehabilitation This is a continuation of the program to rehabilitate the exterior of the Lindbergh Terminal and other MAC buildings including roof and curtain wall rehabilitation. Terminal Electrical Modifications An ongoing program to address electrical issues in the terminals due to age and deterioration of the existing systems or modifications necessary for improved reliability. Terminal Mechanical Modifications An ongoing program to address mechanical issues in the terminals due to age and deterioration of the existing systems or modifications necessary for improved reliability. Terminal Miscellaneous Modifications An ongoing program to update and remodel areas within the terminals to keep abreast with changing requirements. This may be accomplished through a series of small individual projects to meet the requirements of the various tenants or may be consolidated into a single project. Humphrey Terminal & MSP Campus Modifications An ongoing program to modify or remodel areas within the West Terminal Complex, the Humphrey Terminal and other facilities around the MSP Campus to meet the needs of the various tenants/general public/MAC departments utilizing the facilities *Historically, projects have been defined for each of these five categories. With reduced dollars available to fund non-revenue generating projects, a total dollar allocation of$2,000,000 has been allocated to fund the highest priority projects within any of these project categories. Reliever Airport Program Anoka County— Blaine Building Area Development—West Annex $850,000** This project provides for the construction of two alleyways for eight storage hangars and three corporate hangars, sanitary sewer and water main and accommodation of storm water drainage. "Funding for this project to be provided by others. Crystal Alleywav Rehabilitation $320,000 An ongoing program to rehabilitate aircraft operational areas (runways, taxiways, aprons) through bituminous overlays, seal coats, or in some instances, reconstruction, to restore the surfaces to a smooth, even.condition and improve overall.operating conditions. This year's project will include the,reconstruction of taxilanes in the west and south building areas. The project will also include any necessary airfield pavement crack repairs. Runway 14L/32R Reconstruction $2,000,000 This project provides for the reconstruction of Runway 14L/32R with new bituminous pavement and subgrade correction. Flying Cloud Runway 10L/28R Extension $900,000 This project is the first phase of the airport expansion and includes the extension of the north parallel runway from 3,600 to 3,900 feet. South Building Area Development $7,000,000** This project will provide for the first phase in the construction of the new South Building Area and will include site grading and sanitary sewer and water main installation. "Funding for this project is to be provided by others. 12/14/06 8 Lake Elmo Pavement Rehabilitation $300,000 An ongoing program to rehabilitate aircraft operational areas (runways, taxiways, aprons) through bituminous overlays, seal coats, or in some instances, reconstruction, to restore the surfaces to a smooth, even condition and improve overall operating conditions. This year's project will include the rehabilitation of taxiway connectors to Runway 14/32. St. Paul Joint and Crack Repairs $100,000 The pavement subgrade at the St. Paul Downtown Airport is extremely poor. An annual pavement joint and crack repair program will therefore be initiated to maintain pavement strength and pavement life. MAC Building Maintenance $100,000 An ongoing program to provide for facility modifications to ensure continued efficient operation of buildings or modifications necessary to meet the requirements of the tenants. Runway Safety Area $8,800,000 This project is the third and final stage of safety area improvements at St. Paul. This year's project includes the Installation of an Engineered Material Arresting System (EMAS) at both ends of Runway 14/32, the relocation of the Runway 32 localizer antenna and minor modifications to the approach lighting system. Pavement Rehabilitation $850,000 An ongoing program to rehabilitate aircraft operational areas (runways, taxiways, aprons) through bituminous overlays, seal coats, or in some instances, reconstruction, to restore the surfaces to a smooth, even condition and improve overall operating conditions. This year's project will include the reconstruction 4 of pavement and subbase for Taxiways D,W and a portion of N. Reliever Airports Utility Extension Program Flying Cloud Sanitary Sewer and Water Main Extensions $3,600,000 In accordance with the Memorandum of Agreement with the City of Eden Prairie and the requirement by the Minnesota Pollution Control Agency to close all private well and septic systems at the airport, staff proposes to complete the installation of sanitary sewer and water along Pioneer Trail to serve the FBOs and interested tenants in the north building areas. In addition, the project will include construction of a restroom facility for tenants who do not or cannot connect to the new utilities (many are in a non-service area) and a plane wash facility: Miscellaneous Field and Runway Program ram Miscellaneous Construction $400,000 An ongoing program to consolidate various incidental items beyond the capabilities of the maintenance personnel, projects too small to be accomplished independently or to handle airside problems requiring repair which come up unexpectedly. New Projects Program Lindbergh Terminal Sprinkler System $3,500,000 Changes in the state building code require that the terminals be fully sprinkled. The Lindbergh Terminal _ will be sprinkled as renovation work is completed. Chilled Water Distribution Improvements $2,500,000 Concourses E, F and the south end of the Lindbergh Terminal experience warm conditions during the summer months due to bottlenecks in the chilled water system that serve these areas. This project provides for increasing the size of existing chilled water piping and replacing four existing chilled water coils in order to increase the capacity of chilled water distribution system. Upgrade Mezzanine Restrooms to meet ADA Code $600,000 The restrooms located on the mezzanine level of the Lindbergh Terminal do not meet the current ADA Code. A project to upgrade these bathrooms to meet the current code is being studied. 12/14/06 9 Lindbergh Terminal Carpet Replacement $3,300,000 The carpet in the Lindbergh Terminal was replaced in phases starting in 1998. Some areas are showing excessive wear and a phased program to replace the carpet is being proposed to start in 2008. Fuel Farm Lease Extinguishment $5,000,000 These costs are for payment of the unamortized portion of the existing fuel farm lease when the facilities are demolished and the loading rack relocated adjacent to the Humphrey remote apron. Humphrey Fuel Facility Relocation $4,900,000 This project will provide for the demolition of the Humphrey fuel farm and construction of replacement load islands for Jet-A, diesel and unleaded fuel adjacent to the north end of the Humphrey remote apron. Completion of this project will provide for reduced operating expenses of the fuel hydrant system by the MSP Fuel Committee. MSP Fuel Consortium Modifications $270,000 The MSP Fuel Consortium operates the airline fuel system that was installed by the MAC. The Consortium has requested that upgrades to the system are required over the next several years. Projects that have been requested include the second phase in the program to upgrade its emergency generator. The Fuel Consortium will reimburse MAC for these costs. New Projects Allowance An allowance has been established for new projects that have been requested. Terminal Backlit Sign Replacements $1,600,000 Many of the illuminated way finding signs in both the Lindbergh and Humphrey Terminals have neon lamps that are burned out. These lamps are difficult and costly to replace and have limited longevity. A Signage Management and Maintenance Work Group (SMMWG) reviewed options ranging from replacing the existing lamps to replacing the illumination units. The SMMWG is recommending that the unit be replaced with a single row of LED units. The LEDs are easy to maintain, have an extended life (7 years), and are comparable in cost to a new fluorescent sign that has a two year bulb life. A phased four year program to retrofit the,illuminated signs in both the Lindbergh and Humphrey Terminals is proposed to start in 2008. Commission Chambers Upgrade $700,000 The MAC Commission Chambers/Grieve Conference Center has been In use for the last ten years without substantial modification. This project will include upgrades to the audio, video, video- conferencing and technology presentation equipment and interfaces in the Commission Chambers and three conference rooms. The project will also provide new carpeting and furniture and additional way finding signage. The project will be phased over two years with upgrades to the audio technology proposed for 2007. Tug Drive Floor Repair $1,900,000 The membrane waterproofing system on the tug drive floor is deteriorating and coming apart in various areas or has been damaged allowing water to leak into work areas, electrical vault rooms, the valet garage and other operational areas. The membrane system is nearing the end of its designated life of 5 years and must therefore be replaced in a phased program. The first phase was completed in 2007. Food Courts Upgrade/Remodel $175,000 The Food Court projects include updating and remodeling fixtures, furnishings, and equipment at the A, F, C, and E Concourses food courts. This project is being implemented in conjunction with significant tenant funded leasehold improvements initiated with the Concessions Transition Project. The project will be phased over two years, with the E and F Concourse Food Courts scheduled in 2007 and the A and C Food Courts scheduled in 2008. 12/14/06 10 Communications Center Expansion $1,900,000 The existing Communications Center space is inadequate to meet the needs of the current staff as well as future staffing needs. Existing equipment has not been upgraded since 1995 and there is a need to make strategic investments in new electronic technology to maximize productivity. Currently, the Communications Center and Operations Center are located together on Concourse E. Both departments are in need of additional operational space. A proposal to move both departments to a common location Is under study. .The Communications Department would be moved in 2007 with the Operations Department moving into the vacated space on an interim basis. Remodeling of the space for Operations would be required and once Communications has relocated. This project will be phased over two years. The facility build-out will occur in 2007 and the equipment installation will be in 2008. Security Improvements Perimeter Fence/Gate Barrier System $6,400,000 This project is part of a phased program to strengthen the perimeter security fence and airfield access gates. Proposed work includes the replacement of the existing chain link fence with a welded wire mesh fence. The new fence will be constructed on a concrete retaining wall in areas susceptible to vehicle intrusions. Jersey barriers will be placed in front of gates not in use and a hydraulic crash barrier will be constructed at one gate location. C Concourse Elevator to D Street $360,000 Currently, the C Concourse elevator stops at the concourse level. MAC staff has requested that this elevator be modified to allow for access to D Street. This would allow the MAC trades to get lift equipment used to change lights and clean high areas to the east end of the C Concourse. ANOMS System Upgrade $500,000 To ensure continued application of the Airport Noise and Operations Monitoring Systems (ANOMS) i technology, it is necessary to provide for periodic system upgrades. The upgraded system would consist of three main components: new analysis system software; upgraded analysis system hardware; and a multilateration flight track acquisition system. The multilateration system would include installation of 6-9 remote sensors that provide precise aircraft tracking and positional information by interrogating aircraft transponder signals. and triangulating an aircraft's exact position. The project would include complete installation of all components associated with the ANOMS central processing system. Modem connectivity would be installed and the system would be integrated with the existing 39 Remote Monitoring Terminals (RMTs) and integration with all ANOMS central processing computers. Concessions Revenue Development/Upgrades $200,000 This project will fund miscellaneous upgrades (finishes, furniture, condiment stations,etc.), signage and/or modified connections to utilities for the concession programs at the Lindbergh and Humphrey Terminals. ARFF Station#2 Roof Replacement $230,000 A roof condition study completed in 2006 indicates that the roof on the old ARFF station has reached its useful life and is need of replacement. ADO Modifications $400,000 The MAC Airport Director's Office (ADO) kitchenette and copy area requires modification and consolidation of functions to accommodate additional offices to support communication and coordination within the ADO and associated departments. This project will add three offices, a modified kitchenette, break room, and copy center. Sanitary Sewer/Manhole Repair--Runway 12L $600,000 The 12-inch sanitary sewer that is located in the approach to Runway 12L was constructed in 1948 utilizing vitrified clay pipe and brick and mortar manholes. Cleaning of this sewer has been .hindered by blockages in the pipe and this line was televised to determine the condition of the pipe. The televising report indicated cracked and broken sections of pipe. A complete replacement of the pipe and manholes is being considered versus repairing only those pipe sections that have deteriorated. 12/14/06 11 Unallocated Allowance $35,000 A total of $15M has been allocated for new projects in 2008. There is currently $35,000 that has not been allocated and may be used to fund new work. 2020 Development Program 2010 Projects deferred to 2020 Program Ground Services Equipment Building Relocation $5,500,000 This project provides for the relocation of the existing ground service equipment (GSE) building to make way for the expansion of gates at the Humphrey Terminal. Humphrey Terminal Humphrey Terminal Expansion $83,000,000 The Humphrey Terminal will be expanded from 10 gates to 22 gates over a three-year period. 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O (¢ 0 (O O O 0 0 pp COi O O O O O O O O O 0 6p9� 69 ij 69 w fA 69 N (O T � � N W N A 00 w N N A B A O 4 �4P -P CO (o co O O (n (h 0 0 0 O m O O O O O O O O O O O O O O O O 0 0 d 0 0 0 Q O O 0 0 0 O C) O C) C) O O O O O O O O O O O C) O O O O O O O d O O O O O O O W O O O O O d O O O O O O O O C) W C07t � � A C�fi O O 0 Q o 0 0 cD 0 0 0 0 00 m _ 69 69 69 N W o o O p p O 0 0 o O O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O (C) N O Co (Y�) N N (D -4 (h O W 'J Ut N O, D O 0 0 0 O O W C) O C) C) C) O O O O O O O O O k F C F I V E D 444 Cedar Street,Suite 1500 TKDA Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: Kelly Matzek Reference: Eagle Point 7th Addition Copies To: George Burkhards Stream Setback City of Lake Elmo, Minnesota Proj. No.: 13593.000 From: Thomas Prew, P. E. / Routing: Date: December 18, 2006 In the Eagle Point subdivision, the developer constructed storm water ponds within the streambed to allow for both stonn water management and to become a landscape amenity. The City Council has approved allowing the building setback to be measured from the center of the original streambed, rather than from the shoreline of the newly constructed pond. I concur and support this decision. I cannot foresee a negative impact on this site from allowing the building setback to be measured in this manor. Call me if you have any questions. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity i I ISSUE FIFTY 2006 Appraising the Value of Signage America is a speech-driven society. This includes com- mercial speech.In many cases,commercial speech takes This is the second in a two-part the form of on-premise business signage. Signline addressing the issue of eminent domain takings of signage The need for on-premise signage is derived from the and determining the fair market value demand of consumers for information about activities of the taken signage for purposes of placed according to land use decisions that have been paying just compensation. made by local, regional, and state governmental agen- cies. If an on-premise sign is not visible enough to pro- ly registered names, marks, emblems, slo- vide the necessary communication, a business site sim- gans, and colors, if included in the registra- ply cannot function as zoned. tion. The Act contains severe penalty provi- sions for interference with or disruption of As Berman and Evans' and Lusch,Dunne and Gebhardt' the use of this property right. Trademarks note, high visibility is essential in communicating that have conunercial value,are considered busi- the store exists at a given location, and the hours during ness assets and can be bought and sold in the which it is open for business.The identification function marketplace. Clearly, their owners ought to of on-premise signage, therefore, is fundamental to the be compensated when those assets are taken. success of most retailers. In some cases, the property value is perma- It is for this reason that retail sites with greater visibili- nently diminished and irreparable harm ty command higher lease rates per square foot than oth- occurs as a result of the taking — thus all erwise equivalent sites located within the same market three of the U.S. Claims Court's standards but suffering from poor visibility. Business sites with for trespass are met by the taking. One greater visibility attract more customers. More cus- example of this is the Beaver Dam Raceway tomers translate into more profit. People are willing to in Beaver Dam, Wisconsin.' In this case, a pay more for a site if it will be more profitable. raceway owner agreed to temporarily remove his raceway's high-rise on-premise Contrary to common perceptions at the state and local sign,visible from the main freeway,to make government level, the value of on-premise signage to a way for a public improvement. Although �I 1 business is much more than the value of its physical the sign was nonconforming at the time the structure. The message on the sign, its visibility, and its City induced takedown, it was protected branding are the primary factors of a sign that attract under a nonconforming use state statute. customers to a business and increase its sales;thus,they During the period of takedown, the raceway are the aspects that truly determine its value. The taking was sold; the municipality then refused to of an on-premise sign through eminent domain can eas- grant the new owner a permit to reconstruct ily result in lost memory of the business, lost impulse the sign. Because the property could no sales, and lost branding.' longer function commercially without the sign to attract customers, the Court ordered For a glimpse into the federal governments perspective the municipality to pay the new owner the on this, one need only consider the Lanham Trademark difference between the property's value as a Act(15 U.S.C., § 1051, et seq.), which protects federal- residential property and its greater commer- i Business store- fronts (trademarked colors, logos, signage, and even ' standardized buildings) are them- selves routinely sold in the market- ?; fi place. The business format franchise is tc,1) an excellent example of this phenomenon. c: Midas Muffler is an example of this approach. While the business inside 20 20 remains the same, r merely adding a widely recognized storefront can increase business volume 15% to 40% —far more than the +, cost of the rights to use the storefront. cial value as a business site with effective exposure to involved in Signage appraisal, including the disruption the street. The amount awarded in 1981 dollars was of business and associated relocation or removal costs, $169,965.26 for the loss of sign, business and property among other items. For the sake of brevity,however,we value. will confine ourselves to discussing the relatively straight-forward task of appraising an on-premise free- Loss of business income and property value is just one standing or building-mounted sign. of a number of methods that can be used to detennine the value of a sign. As with any appraisal,the approach In the absence of unusual or mitigating circumstances, often varies depending on the specific circumstances of an appraisal requires using three different approaches to the appraisal assiginnent. arrive at a realistic value detennination: (1) market comparison (comparable closed sales or executed leas- The Signage Appraisal Process' es), (2) anticipated income, and (3) cost of replacement — and many times, substitution. Signage appraisal fol- When a municipality zones land for commercial use, lows these same three approaches. and especially for retail use, people have a right to par- ticipate in the business for which the site is zoned.' This Market Comparison right is a key factor in determining just compensation. The right to Signage is one of a bundle of rights involved The market comparison approach to appraisal refers to in most commercial property appraisals, and its value is the highest price at which a property could be sold given why the first step in any appraisal is to identify the var- a reasonable exposure period in the market. The final ious "sticks" in a particular property's bundle of rights. determination of value assumes that amount to which a These "sticks" might include the right to occupy the willing seller and a willing buyer of equal knowledge property, the right to use it, the right to lease it, and the would agree, neither being nor acting under duress. right to sell it, for example. Each of these rights has value that can be measured. In the case of on-premise Signage, obviously little or no market exists for a"used" business sign. But that does The sign valuation process itself can include evaluating not make the market approach useless in evaluating on- J the sign as personal property,which may be a civil right premise signage. The value of on-premise signage is and as a business right where trademarks are involved. that it snakes the business visible to the street;therefore, Numerous additional considerations may also be it is the value of the visibility component of a business 2 site in the marketplace—the price that a buyer is willing rates, sign regulations, etc.) so that the visibility compo- to pay for exposure to potential customers—that must be nent may itself be measured with confidence. measured. Anticipated Income It is worth noting that business storefronts(trademarked colors, logos, signage, and even standardized buildings) An investor typically purchases a business in anticipa- are themselves routinely sold in the marketplace. The tion that the business will produce income. It is not so business format franchise is an excellent example of this much the business itself that is being purchased, but phenomenon. Unlike many franchises, such as rather its revenue stream. This is a far different McDonald's, in which the head corporation owns the approach to a real estate investment than the approach majority of the property and leases the operation to a taken by people investing in residential real estate franchisee, the business format franchise business and (housing), where the focus is more likely to be on the property are independently owned and operated. The property's substitution value (the cost of purchasing a business owner, in an effort to take advantage of brand- substitute property that is equally desirable and has fair- ing and national advertising,purchases the rights to uti- ly equal features)and its yield(the total cashflow on the lize a standardized storefront — in effect, purchasing property plus its increase in value). more effective exposure to potential customers. Midas Muffler and Century 21 Real Estate are examples of this One major, multipart study, "Research on Signage approach. While the business inside remains the same, Performance," conducted between 1995 and 1997 by the merely adding a widely recognized storefront can University of San Diego looked at the effects of on- increase business volume 15% to 40% — far more than premise signage on the financial performance of retail the cost of the rights to use the storefront. The business sites.' The conclusion of the study was that "on-prem- fonnat franchise industry is possibly the most traceable ise signage has a statistically significant and financially market for the buying and selling of storefronts. substantive impact on the revenues of a site." The value of the visibility component of a retail site can The income approach to appraisal in general is a valua- be determined by conducting a survey of rental or lease tion approach based on analyzing the amount of rev- figures per square foot for a number of commercial sites, Business sites with greater visibility attract more customers. More customers including high-exposure, low- translate into more profit. exposure, and no-exposure com- mercial property in the same town as the subject sign and then determining the square foot rental differences between the sites based on their visibility. It is not unusual for a highly visible 's commercial site to lease for 20 to 40%more per square foot than a _� RESTAURANT site with low or no visibility in the same complex. yY- � MON._.. A matched pair analysis' can be ROWS9tEM used to produce the most basic ��_•: element needed to estimate the contributory value of the visibil- ity component of a commercial site.But great care must be taken to assure that the comparable sites are indeed closely similar. The trick is isolating the vari- ables in a matched pair analysis (including traffic flow, driver profiles, building condition, demographics, employment 3 enue, or net income, a property will produce over its exposures for a more cost-effective $213,000. remaining economic life. This method of determining the value as applied to on-premise signage valuation Next, a survey of Best Buy customers was conducted, involves establishing the percentage of business rev- which found that 25% said they first became aware of enues traceable to customers or clients who entered the the store because of the signs. An additional 32% said business solely because they saw the sign. the signs were "useful in locating the store." The store averaged $308,687 per month in sales its first year, Gathering the information necessary to the income meaning that $77,172 a month (25%), or $224,000 in analysis is intensive work because it is dependent in part sales,was directly attributable to the signs based on the upon consumer research. One research tool is the point- 78-and 96-day periods under study. source survey designed to determine what prompted the stop of a first-time customer or client. While most non- Finally, the appraiser looked for comparable real estate chain or nonfranchised businesses have some verifiable to help determine the value of the visibility component knowledge of the sign's impact on business revenues, of the Best Buy site. The store paid monthly rent of when working with a true mom-and-pop business,the appraiser may need to coin- "The exposures generated by the on prem- mission a separate market survey to obtain necessary data. In the latter ise sign not only cost far less than other instance, trade associations for such independent, small-business enterprises media exposures, they are also far more may be able to provide or verify infor- a At least 98% of all retail sales are mation. effective. place-based" — and the on premise sign is Retail sites with better visibility and exposure to passing motorists almost right there on-site, marking the very loca- always rent for 25% to 50% more than tion at which the purchase could occur, and comparable sites in the same market with poor visibility. This is true whether the only advertising to those who actually move cornmunity is typical urban America or exclusive enclaves, such as Carmel, through the trade area. California. The ability of a retail store to attract the attention of the passing motorist via its sign and communicate effectively what $34,626, or $1,154.20 per day (approximately 75 cents the store offers is a major factor in the overall level of per square foot, or$2.46 per square meter). Comparable sales that store will achieve. buildings that did not require retail signage in the area rented for 40 cents per square foot (or $131 per square Even for large well-known chains, the visibility gener- meter), for a daily rent of$620.27. This meant that the ated by the on-premise sign can greatly affect profitabil- value of the signage was an extra $533.94 per day, and ity. The San Antonio, Texas Best Buy store offers a per- the rent directly attributable to the signs(25%)would be tinent example. The store's grand opening was held on $133.49 per day. In the final analysis, total damages August 18, 1995. It was to have two double-faced pylon from the lost exposures were calculated at $227,536 . signs visible to an interstate highway, and the signs The cost in lost exposure was greater than Best Buy's were, by contract, to have been installed by June 1, total rent for the same period.' 1995. But the two signs were not erected per the con- tract; one became fully operational the day before the Cost of Replacement grand opening, and the other September 4, 1995. This approach estimates the cost of replacing or substi- pp p g An appraiser was hired to determine the compensation tuting an existing property interest with another of equal owed to Best Buy for the lost exposures due to the delay value. In signage appraisal,the appraiser is not consid- in completing the contracted work. The appraiser deter- ering the cost to replace the sign itself with another sign, mined that the delay cost Best Buy 34.4 million expo- but rather the cost to replace the sign's communication sures over the three month period.Replacement of those abilities by other media. In signage appraisals, the cost exposures via newspaper would have cost $424,767. of alternate media is what appraisers would consider the The appraiser determined that a mix of alternative most significant part of the sign owner's grievance. media could have helped to recapture some of those lost Thus, we will focus most of our attention on this 4 -BESt BVl r. Even a supposedly destination-oriented business like Best Buy can attribute a large percentage of its business to its sign. In Best Buy's case, it was determined that 25% of its customers first became aware of the store when they saw its on-premise sign. The San Antonio Best Buy found that$77,172 in sales per month were the direct result of its on-premise sign. approach. tourer base than others. For example, a local dog grooming business would not necessarily advertise in The cost of"exposures" is the one common denomina- the national Cat Fancy magazine, no matter how inex- tor among all commercial communication media, pensive the advertisement might be. whether radio, television, print, direct mail, outdoor advertising, or on-premise signage. In advertising The fact is that no other form of advertising comes close terms, each person who sees a sign (or other advertise- to matching the efficiency and cost-effectiveness, dollar ment, for that matter) constitutes one "exposure" to the for dollar, of the on-premise sign. It is both the most sign (or advertisement). All markets measure their effective and least expensive form of connnunication goods using a common currency, or denominator. For available to these businesses. The figures below repre- wheat,that denominator is the bushel. In land valuation, sent a typical cost comparison for a small business(rates it is the acre and in buildings, it is the square foot. In were gathered from Portland, Oregon area media advertising, it is exposures measured in increments of sources): 1000, and is reported as the "cost per thousand expo- sures." • Newspaper advertising-the cost on average is about $7.39 for 1000 exposures within a 10-mile radius of Comparisons of costs-per-thousand exposures for vari- the business location. ous advertising media also rely on frequency10 measures. • Television advertising - The cost on average is Frequency is important because without periodic rein- approximately $6.26 per 1000 exposures. forcement of a message,it is eventually forgotten. Once • Radio advertising-The cost is about$5.47 per 1000 frequency data is assembled,the total out-of-pocket cost exposures. for the subject medium is divided by the number of • On-premise sign - The cost is less than $0.43 per exposures, or"reads" (per thousand) occurring during a 1000 exposures." defined time period. Commercial and industrial interests currently spend Costs-per-thousand exposures vary significantly among $600 billion a year on media advertising. To help put media. The advertiser must determine if the cost of the the problem into perspective, consider that if all busi- selected medium or media mix is generating desirable nesses in the U.S. were, because of sign restrictions, returns, both in terms of retaining past customers and required to increase their expenditures on media adver- obtaining new ones. Some forms of advertising will be tising by a mere 10% in order to avoid loss of cus- more effective or efficient for reaching the desired cus- tomers, the overall cost to the economy would amount i 5 For a local business situated in A H 1 N TN Portland, Oregon the sign would reach 'y most people within the trade area. The local Yellow Pages would reach the entire metropolitan area, radio ads t would extend as far as the local station's signal could reach, television would likely reach major population bases in the state, and the newspaper would reach the entire state. 4 Thus, the exposure to consumers as a result of the on-premise sign costs a Portland = business far less per exposure than other media types such as newspapers, radio and television, and the expense of the sign is more efficient. The sign { not only points out the precise location of the business, it also advertises to those who are moving through the trade area and who are most likely to _ stop at the business. Other forms of media have a high waste factor, advertising to people who are far outside the trade area and who would never frequent the business. to $50 billion a year. Of course, that 10% is going to A certain percentage,but probably not all, of the people vary for each business. Some need more exposure to the passing a business site can be expected to be potential public, and others need less. customers. If the business is a veterinary clinic, for example, the calculation should be adjusted by the per- The number of exposures generated by a sign is calcu- centage of people passing who own one or more pets— lated using a careful and systematic process. First, an a figure generally available from the industry itself. average 24-hour (daily) traffic count must be deter- Similarly, large trailer trucks are unlikely to stop a fast mined. This is then multiplied by 30 to establish a food restaurants. Other factors that may require adjust- monthly count. This is the number of cars that drive ment of the figure include hours of business operation past the business during the typical standard advertising and seasonal traffic variations. Before calculating a month. But not every car will have just one person rid- sign's cost-per-thousand exposures, the appraiser must ing in it, so the calculation must be adjusted for "load obtain reliable information on driver profiles in addition factors" that include whether the area is rural, incorpo- to traffic volume. Origin/destination studies offer reli- rated, or unincorporated, for example. able data in these circumstances. Typical numbers of viewers per vehicle are as follows: The exposures generated by the on-premise sign not only cost far less than other media exposures, they are Incorporated areas 1.38— 1.6 persons also far more effective. At least 98% of all retail sales Unincorporated areas 1.7—2.9 persons are place-based"—and the on-premise sign is right there Vacation travel 3.0—3.5 persons on-site,marking the very location at which the purchase could occur, and only advertising to those who actually Traffic-flow maps for interstate and primary highways move through the trade area. Other forms of media have can be obtained from most state departments of trans- a high waste factor, advertising to people who are far portation. In addition, cities and counties often publish outside a business's trade area. street-system traffic counts. And most municipal trans- portation engineers can provide not only last-published Sign Valuation Case Studies traffic counts, but also updates, which may disclose an increase or decrease in traffic flow. (Other information Agottra Hills sources are the Traffic Audit Bureau (TAB) and the Outdoor Advertising Association of America Just compensation for the taking of on-premise signage (OAAA)12). was the subject of Denny Inc., et al a City of Agoura 6 Hills."A portion of the city of Agoura Hills is bisected but countered, as a defense, that other merchants in the by U.S. Highway 101, locally referred to as the Ventura area with conforming signs were enjoying vigorous Freeway. The City wanted to enhance its visual aesthet- business and healthy sales. The trial court rejected this ics, and it enacted a sign ordinance which, among other argument.15 things,prohibited all pole signs, with the exception of a few signs less than six feet in height. Certain business One of the businesses affected by the city's ordinance proprietors were identified by the city as being in viola- was a Burger King franchise located adjacent to the tion of the ordinance, and their traditional pole signs Ventura Freeway. The subject's pole sign was highly exceeded the new height limit considerably. Under the visible to potential customers traveling north or south on new code, the pole signs became non-conforming on the freeway. Traffic counts showed that 88% of those March 20, 1985, and following an amortization period vehicles passing the restaurant did so via the freeway; of eight years, were subject to removal on March 20, the other 12%passed by on local frontage roads. 1992. Eventually litigation ensued. Due to surrounding topographical circumstances (the The businesses alleged that the city's sign ordinance business site was lower than the freeway), a sign of the violated Section 5499 of the California Business and type and height required by the ordinance would not be Professional Code.This provision essentially prohibited capable of being seen by motorists traveling in either the removal of any on-premise sign on the basis of direction on the freeway. Neither could the business height or size if topographical circumstances would premises be seen until it was too late to safely exit the materially impair the visibility of a conforming sign, or freeway. Thus, forced removal of the pole sign would impair the sign user's ability to adequately and effec- render the site essentially invisible and incapable of tively continue to communicate with the public through attracting the freeway motorist impulse buyer. use of a sign conforming to the new code. If impairment of visibility or communication would result as a conse- The Agoura Hills Burger King and its sign were specif- quence of enforcing the ordinance, the original sign ically built to service Ventura Freeway motorists,and its could remain and would be deemed conforming, as a profit structure was designed with that in mind. matter of law. Corporate field studies found that nearly 60% of the store's business was attributable to its on-premise sign. Based on Section 5499 and its preemption of local law, Even after factoring down the potential loss in business the businesses requested an injunction against city attributable to loss of the sign from 60% to 37.5% (a enforcement of the ordinance against theirs. The city compromise"averaging" of Burger King's data and that concurred that the state code applied to its ordinance, of the city's expert), corporate accountants found that The signs of Agoura r Hills litigants provided / important information r,"� to drivers who, for example, might be Now AN.A running low on gas, experiencing engine trouble, or wishing to eat before continuing esraueayr their journey. In response to question- naires concerning how {� _ they first became - aware of a business, and why they � FX FA stopped, many cus- � ' �' tomers noted their IA appreciation for the sign as a "beacon" - ` signaling the presence ;T7 of a place nearby to obtain products of services to satisfy an immediate require- ,"Ec- ;r ment. 7 While large national corporations under- -_— stand the value of -- --- ------ 2 on-premise -- signage, many small business merchants and proprietors, unfortunately, do not. Every site development strategy will benefit if the on-premise sign is made the focal point of the site. In other words, if site development or SIAI SpA - �� renovation is sign i DI irn�an Rnr E - �A.��^A centric, the positive L N � I - effect on gross II I��� revenues should be Y immediately recognizable. the franchisee would lose a profit of$2 million over a only a small percentage of the local consumer pool. 15-year period, the teen left on the lease at the time of controversy. Using the higher 60%business loss calcu- The studies and surveys provided by all other litigants lation — a calculation the corporation believed more similarly found that extensive adverse impact to busi- accurate—the lost profit would equal$3.2 million. Due ness revenues and profits would result if their pole to the reasonably foreseeable near-immediate downturn signs, visible to the freeway, were removed. Among in impulse trade upon removal of the sign, most of the these were McDonald's and Texaco. ' revenue loss would occur in the first one to two years, almost certainly driving the franchisee out of business Plaintiff Agoura Restaurants, Inc., dba"McDonald's, is long before the lease expired. located adjacent to a freeway off-ramp and uses a 75- foot pole sign displaying its name and logo to signal A comparison was also made between the Agoura Hills potential customers. The trial court found that the Burger King and another Burger King in Camarillo, a restaurant is heavily dependent on freeway traffic for its few miles farther down the freeway. As with the Agoura customer base,and that no sign or display confonning to Hills site, the Camarillo premises were not visible from the city's ordinance would be visible to freeway the freeway, and although the store had a pole sign, the motorists"at a safe and reasonable decision point for the sign was visible only to southbound traffic and could not off-ramp." Further,the trial court found that removal of be seen until the motorist had passed the appropriate the pole sign would result in an immmediate gross rev- exit. enue loss to the restaurant of 35%; a similar loss was found likely for the Texaco station upon removal of its Because of both lack of visibility and ready access from sign. In Texaco's case, the predicted loss in gross sales the freeway, the Camarillo Burger King relied much amounted to $336,000 the first year of sign takedown. more on the local population and local frontage road For the McDonald's restaurant, the first-year predicted traffic than the Agoura Hills store, and not surprisingly, loss in gross sales averaged $1.1 million, based on a its sales were only 48% of the sales achieved by the 35% reduction of pre-litigation gross revenues of$2.7 Agoura Hills site. The difference in volume tended to million a year. Corporate researchers calculated that the support a finding that up to 60% of the sales of the first-year loss in gross sales would rise to $2.3 million Agoura Hills Burger King flowed from its visibility to (or 85%) within five years as non-local motorist recall traffic in both directions for distances great enough to of the site diminished. Such losses would force the provide ample time for the unfamiliar driver or impulse restaurant to close. purchaser to exit safely. Additionally, the Camarillo location was considered trade-area oriented, while the The trial court concluded that enforcement of the ordi- Agoura Hills franchise was strictly "point of distribu- nance would result in a material impairment of all plain- tion" or freeway oriented, and thus expected to draw tiffs' ability to communicate adequately and effectively 8 with the public due to topographical conditions. These The chain found itself faced with new competition from conditions included trees,hills, concrete highway struc- the incoming Home Depot, which had moved into the tures, other buildings, utility poles and wires, vehicles chain's trade areas. The small chain owner decided to traveling the freeway, and any other visual impediment go head to head with Home Depot, and initiated a total other than the natural limits of human eyesight." remodel of his old stores to update their on-site market- ing techniques and present a modern storefront. The The court then ruled that the attempted enforcement of chain's stores were located in Cresenta Valley,Valencia, the city's ordinance violated the Business and Simi Valley and Thousand Oaks. All of the stores, Professions Code. It ruled that plaintiffs could keep, before and after remodel, were approximately 44,000 maintain, and exhibit the disputed signs at their respec- square feet in size. Prior to remodel,signage for all four tive business premises;that such signs would be deemed stores was similar and gross sales were within 15% of in conformance;and that the city,because of its"wrong- one another. ful and on-going conduct," was permanently enjoined from enforcing the ordinance against the plaintiffs. Because the stores were located in different trade areas, with different municipal sign codes, the owner had to On appeal by the city, the appellate court affirmed the tailor each store to fit the relevant code. Storefronts trial court's decision, deciding the case on Matched pair analysis is an effective tool in identifying the precise the narrow question of "material impair- features of a property that affect value. These four "Do-It Centers," all ment of visibility," without reaching the located in southern California, carried the same products. The issue of commercial impact by the city's differences were pared down until a measurement of the financial impact ordinance. However, the trial court clearly of the local sign code could be made. The findings showed that effect paid attention to the economic research and was significant. data submitted not only by the affected Cresenta Valley businesses, but also by the city's own expert, who agreed that significant losses in customer base and business revenues would result from the loss of signage.18 In the Agoura Hills Burger King case, lack } ' of freeway visibility of the premises itself precluded the business from overcoming the w'W sign height restriction by alternate forms of lValencia signage. Had a signature building, for example, been a viable alternative (if the site itself were effectively visible to the freeway, it may have been), the Agoura Hills Burger King and other freeway mer- chants similarly situated and adversely _- impacted by the city's height restrictions _ may not have litigated for ten years—years Slml Valley that were costly to both the businesses and i the city. Do-It Centers Matched pair analysis can effectively idea- tify the differences in value of comparable _ commercial locations that are traceable to Thousand Oaks the visibility component. An excellent example of such analysis is provided by the •� x, ,�' experience of a small, four-store independ- ent chain of home-improvement centers, known as the"Do-It Centers"and located in - southern California. -- _ wyy S 9 t 1 .I JTO CENTE SERVICED,WTA. lRo SERVICE'0 Far All Your Repair Needs' f,3sJ,f f � i Property owners have a right to use their property consistent with its zoning. The on-premise sign is essential if retail or commercial property is to function as zoned. Moreover, both the municipality and the community benefit when land zoned for retail or commercial use is used to its full capacity. were somewhat standardized in terms of corporate logo tive of the four. The site's storefront signage was limit- and colors,but the fascia and freestanding signs were of ed to a small entrance sign and two small "hanging" varying sizes among the four stores. signs at either end of the building. The freestanding sign was located on a landscaped strip next to the road, Cresenta Valley had a liberal sign code which allowed but the size limit of 36 square feet resulted in severe the chain owner to place a large storefront wall sign over masking of the sign by surrounding foliage. the main entrance and border wall signs listing products (housewares, paint, electrical, and plumbing) along the Following the remodel,and despite Home Depot's pres- sides of the building. A large,double-pole free-standing ence, the Cresenta Valley store increased its sales by sign that included a variable message board was erected 45% and Valencia by 38%. On the other hand,the Simi adjacent to the street. Valley store's increase was only 20% and the Thousand Oaks's increase a mere 10%. Further, the difference in Valencia's code was similar, and the owner was able to sales volume between the Thousand Oaks site and the place large wall signs over the main entrance and along Cresenta Valley site, which prior to remodel was only the sides. However, in contrast to the Cresenta Valley 15%, considerably increased. The chain owner had not location, the visibility of the freestanding sign was increased local media advertising, thus the disparate somewhat blocked by a landscape median between the increases in sales volume between all the stores could street and the sign, as well as a parking barrier in front only be attributed to the availability—or lack thereof— of the sign, which.was also somewhat shorter in height. of on-premise signage easily visible and readable to street traffic. Simi Valley had a much more restrictive sign code; con- sequently,the site's storefront signage was considerably In Conclusion smaller, limited to narrow border wall signage. Although its freestanding sign was tall and close to the In their efforts to preserve the health, safety and welfare street,the store was required to share the sign with other of the community,municipalities make zoning decisions businesses. regarding the appropriate and allowed uses of land in various zones. The owners of the property have a right The sign code in Thousand Oaks was the most restric- to use their property consistent with the zoning. 10 Moreover, both the municipality and the community possess." United States v.General Motors Coro.;323 U.S.373,377- benefit when land zoned for retail or commercial use is 8, 65 S. Ct. 357, 359-60, 89 L. Ed. 311 (1945). In Re: used t0 its full capacity. Condemnation by Pennsylvania Turnpike Commission for Pennsylvania, 1989 WL 225404(Pa. Com. Pl.), 3 Pa. D. &C, 4th 653,p. 2. See also 44 Liquornart,Inc., et al v. Rhode Island et al. The ability to communicate visually via signage is the (94-1140),517 U.S.484(1996). right of every business owner located in a retail zone. 7. A matched pair analysis is one that compares the value of one Without that communication,the land very likely cannot property to the value of another that is as similar as possible except for the single factor for which one is seeking to establish value. function as zone, and the business may fail. 8. The Research on Signage Perfonnance by the University of San Increasingly, experts and the Court are recognizing that Diego School of Business Administration was sponsored by the signage is far more valuable than the cost Of the struc- California Electric Sign Association, the International Sign tare itself. For this reason, a detailed approach to the Association, the Sign User Council of California, and the Business appraisal of signage has been developed and has repeat- Identity Council of America.A suin mary of the findings appeared in The Economic Value of On-Premise Signage, a compendium of edly been accepted as valid in courts of law. research results and articles on sign amortization and copyright and ' trademark protection.The booklet was published jointly in 1997 by Municipal employees are sworn to uphold the law and CESA and ISA. the Constitution; therefore, they must honor the bundle 9. Wade Swonnstedt, "Delays and Damages," Signs of the Times, March, 1999 at p. 52. of rights associated with the use of private property and must pay just compensation when that prop- Signage is far more valuable than the cost of the structure itself. Its erty is taken for public use. Where signage value lies in its ability to communicate with prospective customers and is taken, municipal officers are required to win their business. Often that value increases with the age of the sign. seek a qualified appraiser who can accurate- ly determine the full and fair value of that signage. mod To 11 12 1 3 Endnotes: 1. Berman, Barry and Joel R. Evans (1992), Retail Management.New York: MacMillan. ] 2. Lusch, Robert F., Patrick Dunne, and Randall �. Gebhardt (1993), Retail Marketing, Cincinnati: Southwest Publishing. 3. As Charles R. Taylor, Ph.D., Professor of Marketing at Villanova University pointed out in his groundbreaking book On-Premise Signs as Storefront Marketing Devices and Systems (published by The Signage Foundation for Communication Excellence, Inc. and co-sponsored by the U.S. Small Business Administration in 2005), on-premise signage func- tions similarly to outdoor advertising in three ways: it brands the business, it extends memory of the busi- ness,and it prompts impulse sales. 4. Beaver Dam Raceway, Inc. v. Town of Beaver Dam, 315 N.W.2d 727 (unpublished opinion, Wis.App. 1981). ff f 5. Most of the material in this Signline has been excerpted from The Value of Signs,a book published by The Signage Foundation for Communication Excellence, Inc. and available for sale at www.signs.org. — 6. "According to common law concepts, `property' includes the right to possess, use, enjoy and dispose of a thing. Also included in the bundle of rights con- �.. stituting `property' is the right to exclude other per- sons from using the thing in question. Indeed the %+ Supreme Court of the United States has indicated that, for eminent domain purposes, the tenn `property' includes `every sort of interest' an individual may 11 10. This measurement addresses how many times a typical viewer, ing sign to attract customers ... substantially ... from the freeway." reader, or listener is exposed to the advertiser's message in a given Significantly, none of the trial court's findings, including those period of tune. regarding Plaintiffs'research,were overruled or otherwise excepted 11.Assume,for example,that you spend$30,000.00 on a sign, and by the appellate court. d that its useful life is about ten years. The amortized daily cost of an f illuminated sign would equal about$8.22.Add to this the daily cost I of electricity-(approximately $0.20 for a new LED message sign), thus giving a business a daily expense total of$8.42. With a daily traffic count of 20,000 vehicles passing the business,it would spend less than $0.43 per thousand exposures (counting drivers only). Obviously, as the flexibility to change a message is increased, the cost per thousand exposures for each particular message can also increase. 12.The OAAA is an outdoor advertising trade association. Its Web 1 site is httpspite/ e growth in I. ,� ISSI01►T 13.Despite the growth in Internet sales,they still account for only a M 1 i7 j, 1V very small percentage of retail sales. <http://www.enterprisenet- worksandservers.coin/ars/art.php?29>June 16,2006. 14.97 C.D.O.S.6341 (1997), Second Appellate District. 15.In response to the city of Agoura Hills'argument,the trial court stated: "Just how commercially effective signs may be at other loca- N�E� tions is not directly relevant here ... vigorous business and healthy ^y A u VA • sales [of third party businesses] ... may be generally true [b]ut that ,, '; AUTO SYSTEMS is not the statutory test." 16. "Doing business as." 17.The trial court determined that the state code's statutory language minimally required"a circumstantial analysis of not only the simple r 010 visibility of the sign, but also whether the sign will be noticed [emphasis in original], and the message imparted to the viewer's brain ... [T]he additional circumstances bearing op noticeability or perceptibility would include the origin and nature of the customer base and buying motivation,general visibility in the area,the high- speed,high-volume nature of the freeway,location of decision points for motorists along the freeway, identification time and reaction ) time,and time to make safe lane changes." 18.The trial court found"... as to each of the plaintiffs,there would The taking of an on-premise sign through eminent domain can easily result in lost memory of the be a material impairment of the commercial effectiveness of a con- y y forming sign ... [because] each of the businesses relies on its exist- business, lost impulse sales, and lost branding. Several legal issues are discussed throughout ISA's Signline series. Signline is offered for educational and inforniational purposes only and not to be construed as giving legal advice to any user. Competent legal advice/advisors should be sought after and obtained by the user. Signline is a public service publication of: Prsrt Std I U.S.,Postage Iel�n, Alexandria,VA HqPV Permit#6055 INTERNATIONAL SIGN ASSOCIATION 707 N. St.Asaph Street,Alexandria,VA 22314-1911 Can we help? Annual subscriptions to Signline are available from ISA for$3 Lee Hunt members and$4.50 non-members(plus shipping and handling). Mayor/Municipal Official Other signage resources are also available from ISA. City of Lake Elmo For more information visit: 3800 Laverne Ave N www.plannersresource.org Lake Elmo MN 55042-9629 Signline Staff: LI�I��I�I�Ii����I��I��I�II�iu�IlunI�II�IuII„�IIs„I��I�I R.James Claus,PhD Susan L.Claus Thomas Claus,Esq. Anne Marie Melmon Becky Miller signage.help@signs.org (866)WHY-SIGN;FAX(703)836-8353 12