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HomeMy WebLinkAboutJune 06, 2006 CCPLake Elmo City Council June 6, 2006 Agenda Section: Planning, Land Use and Zoning No. 9A A!!enda Item: Home Occupation Ordinance -Amended Planning Commission Recommendation Background Information for June 6. 2006: The Planning Commission again considered the proposed amendments to the regulation of Home Occupations at its May 22, 2006 meeting. Staff provided the Commission draft Minutes of the May 9 City Council Workshop regarding the proposed ordinance amendments -including Council statements/directions as to modifications the Commission should consider -as well as the full text of the Oak Park Heights Home Occupation regulations. The Commission discussed the Council concerns/issues at length and adopted the following revised/additional recommendations: 1. To permit up to 2 non-resident employees on site of a Home Based Business. 2. To require all three (maximum) allowable business vehicles on site to be parked off-street. 3. To change the number of allowable customer visits to a site from 10 to 5. The Commission discussed but offers no further recommendations regarding limiting the area of a structure that can be used for business-related storage. One commissioner did suggest, however, that should the Council insert storage limitations, that such limitations be limited to stock-in-trade only. The Commission also discussed and debated two Motions to require annual or semi-annual Home Based Business licensing. Both Motions failed -one for lack of a Second. The Commission recommends no modification of the permanent licensing feature of the current draft ordinance. Staff has attached the former (March) draft of the ordinance with the May 22 Planning Commission recommended revisions in red. We have also included the two definitions proposed to replace the current "Home Occupation" definition in Section 150 of the Code. Although not included in the packet, the City Clerk will bring copies of the ordinance amendments in proper format (without the "red") should the Council wish to adopt as now drafted or with additional modifications. Person responsible: Action items: Motion to adopt ordinance #97-adding Section 11 15 to the City City Planner Code regulating Home Offices and Home Based Businesses; and, Motion to adopt Ordinance #97-amending Section 150 of the Code to repeal the definition "Home Occupation" and add the definitions "Home Office" and Home Based Business"; or, Other direction to staff regarding the subject. Attachments: Time Allocated: 1. Draft Section 1115 2. Draft Definitions 3. Draft Planning Commission Minutes of May 22, 2006 4. Council Workshop Minutes of May 9, 2006 DRAFT -(PC Recommended 5/22/06) Section 1115 -Home Based Businesses Subd. I Purpose and Intent The City of Lake Elmo recognizes the desire and/or need of some citizens to use their residence for business activities. The City also recognizes use of residences for limited business purposes, when such business use is appropriately regulated, may result in a reduction of vehicle trips on City streets as well as economic benefit to City residents. It is therefore the purpose and intent of this Section to allow the use ofresidences for limited business purposes while regulating such business use in a manner that precludes such business use from becoming a nuisance to neighboring residential property owners; and preserving the distinction between residential and commercial zoning districts. Subd.2 Home Based Business and Home Office Licensing responsive to this Section shall be applicable to Home Based Businesses, but not to Home Offices, as both are defined by Section 150 of this City Code. Subd. 3 Licensing Procedures Property owners conducting or proposing to conduct a Home Based Business as defined by Section I 50 of the City Code shall make application for a Home Based Business License in a form prescribed by the City Administrator. The City Administrator shall make a determination regarding compliance of the Home Based Business with the standards herein prescribed within 30 days of submission of a complete license application. A decision of the City Administrator regarding the issuance of a Home Based Business may be appealed to the Board of Adjustments and Appeals as prescribed by Section 200.01 of the City Code. Subd. 4 License Fee The City Council shall, from time to time, establish a Home Based Business license fee in a sufficient amount to fully compensate the City for costs of processing the license application. Subd. 5 Term of License and Revocation/Suspension Upon issuance, a first license to conduct a Home Based Business shall remain shall remain in effect indefinitely unless suspended revoked by the City Administrator for cause. The City Administrator may suspend or revoke a Home Based Business license upon a finding that the licensee fails to comply with the Home Based Business Performance Standards specified by this Section. A decision by the City Administrator to suspend revoke a Home Based Business license may be appealed by the licensee to the Board of Adj ustments and Appeals as prescribed by Section 200.0 I of the City Code. Subd. 6 Home Based Business Performance Standards Review of applications for Home Based Business licensing and subsequent determinations regarding revocation of a Home Based Business license shall be based on the initial and continued compliance of a Home Based Business on the following Performance Standards: I. Tax Class Status The property must be classified as Homestead by the Washington County Assessor. 2. Impact on Adjacent Properties The home based business shall have no adverse affect on adjacent properties due to traffic or offensive noise, light, odor, dust or other noxious substances, as may be defined elsewhere in the City Code. 3. Exterior Appearance There shall be no exterior evidence that a building is being used for any purpose other than as a residential dwelling or permitted accessory structure. 4. Number of Businesses More than one home based business is allowed, however the combined impact shall be considered when evaluating the terms of the Conditional Use Permit. 5. Residency A full-time resident of the property must conduct the business. 6. Non-resident Employees Not more than two (2) non-resident may work on the site .• 7. Business Vehicles A maximum of3 business vehicles may be on site at any time, and the vehicles must be parked off-street at all times .• Said vehicles must be in compliance with City Code regulations regarding the maximum size of vehicles permitted to be parked in residential zones. 8. Customer Visits to Site Permitted only where specified by the Home Based Business license, and shall be limited to a maximum of,2_per day. 9. Deliveries to Site No more than six delivery/pickup trips per week. Delivery vehicles shall not be larger than a typical step van. I 0. Storage Related to the Home Based Business All storage of equipment, material or stock must take place within a. fully enclosed and roofed structure. Deleted: There shall be no employees on site that arc not full time residents of the residence. [Deleted:. [ Deleted: JO [ Deleted: 11. Off-Street Parkjng When customer site visits are specifically allowed by the Home Based Business license, adequate off Street Parking must be provided for customers and for those who reside on the premises. All required parking spaces shall be located on an asphalt or bituminous surface, which is in character with the surrounding neighborhood. 12. Specific Prohibitions Exterior Business use, storage, or equipment, except vehicles as otherwise regulated; signage of any type related to the Home Based Business. Any noise, odor, vibration, light, glare, and/or electromagnetic interference as defined and regulated by the City Code and State Rules or Statute. Home Occupations The Planner said the Planning Commission recommendation on March 13, 2006 for a Home Occupations Ordinance was presented to the City Council on March 21 where they tabled to May 9, 2006 for a City Council Workshop. The issue has been returned to the commission with the following Council recommendations. 1. The degree of storage should be limited. 2. Two non-resident employees should be allowed in a home-based business. 3. Licenses should be renewed annually. The Planner said that Councilmember Smith forwarded the Oak Park Heights Ordinance for Home Occupations for the Planning Commission's consideration. M/S/P, Fliflet/Roth to change the wording of Number 6-Employees to read, "Two non-resident employees may work in the residence." Vote: 9:0. M/S/P, Fliflet/Deziel to change the wording of Number ?-Business Vehicles to read, "Three business-related vehicles are allowed at any time, and they must be parked off street at all times." Vote: 9:0. M/S/P, Aiflet/Roth to modify Number 8-Customer Visits limiting the number of customers from ten per day to five per day. Vote: 8:1 Nay: Armstrong-No problem leaving it at 10. MOTION by Ptacek to recommend annual licensing of Home Occupations, FAILED FOR A SECOND. M/S/F, Roth/McGinnis to recommend biannual licensing of Home Occupations. Vote: 1:8, Aye-Roth, FAILED. M/S/F, Deziel/Fliflet To recommend that there be no limitation to stock in trade but if the City Council does decide to limit volume that it be reserved to inventory only because that will be the type of stock in trade that generates traffic. Vote: 1:8, Aye-Deziel, FAILED. Armstrong-The philosophy is that the city's regulation should only deal with external effects upon neighborhoods, and crossing the threshold of the front door is beyond the scope of what the city should be considering because we have already regulated how inventory gets into or out of the home through traffic, employees, and customer visits. M/S/P Roth/Deziel to change Number 9 to clarify that deliveries will be limited to six trips per day whether to or from a home. Vote: 9:0. LAKE ELMO CITY COUNCIL WORKSHOP MAY 9, 2006 Mayor Johnston called the workshop to order at 6:00 p.m. in the Council chambers. PRESENT: Johnston, Conlin, Smith, Johnson, DeLapp City Staff: Building Official Jim McNamara, Maintenance Supervisor Mike Bouthilet, Finance Director Tom Bouthilet, and Administrator Rafferty Planning Commission: AGENDA 2. Zoning Ordinance/City Code Amendments -Home Occupation The City Planner distributed the Oak Park Heights Home Occupation Code and the Planning Commission's recommendation on Home Occupation. The Planner pointed out that if there are substantial changes in the Home Occupation proposal a public hearing by the Planning Commission would be needed. Mayor Johnston voiced his concerns on storage space and the City should set a specific limit such as 10 x 12 or 10 x 20. He thought the requirement ofno employees was excessively restricted and would be in favor of up to two employees. By requiring annual licensing the City could monitor and enforce home based businesses. His desire is to discourage warehousing and encourage home based business. Council member Johnson said she can't see why the Planning Commission proposal would not work. Council member Smith said if we are going to split our 10 acre parcels in the future then the City needs to adopt the Oak Park Heights Ordinance. She did not want storage in accessory buildings. She has a concern on the vehicles associated with home occupations. Deliveries have to come in and deliver product. The City Planner noted the ordinance states not more than six deliveries. Council member DeLapp voiced his concern on home occupations that would bring in extra traffic and driveways on lots. Bob VanZandt, Planning Commission Member, said we can limit space, but doesn't want to go off and limit where people can make money because this business may pay your mortgage payments. Julie Fliflet, Planning Commission Member, said the Planning Commission looked at how a home based business could affect the neighbor. Accessory structures can be addressed by the city code. She supports one or two employees. Joan Ziertrnan, resident, encouraged the Council to go with the Oak Park Heights Code and said that most cities go with a version of the code similar to Oak Park Heights. In her opinion, larger lots should not be allowed more storage. Bob Helwig, Planning Commission Chairman, said he has not seen Oak Park Heights Home Occupation Code. As park of his job, he drives throughout Oak Park Heights and has seen landscape, auto repair, beauty shops in residential districts. Mark Deziel, Planning Commission Member, asked what was so wrong about freedom. The Council suggested that the Oak Park Heights code be sent to the Planning Commission and asked that they come back with a recommendation to the Council in one month. Deb Lyzenga, Planning Commission Member, asked how do you enforce the regulations without neighbors looking into neighbors windows. Council member Smith answered the City should have a code enforcement officer. 3. On-Site Treatment System -Austad, Hurt and Pierre Mr. ustad provided a letter from Brad Lein, Construction Man er regarding in cost of propo d septic systems in Lake Elmo and costs for hooking u to Oakdale. The City ministrator explained the City Council provi, · a solution to their septic system prob s. The property owners went to court, ettlement occurred, but was not provided the o come the property owners hoped for. · e City Administrator met with them and asked y put together a proposal for a s tion. Mayor asked if this ·11 be a precedent to co how you make a distill ion for a system of The Administrator asked Council member Johns was not based on the out when the Council had m factual numbers. The City Council's solution Why should we be setting precedence Council member Conlin said residents. She suggested · is responsible for the health and safety of our project and the property owners could be assessed. *Precedence and co om Tom Prew *What cost can be .. sessed to the property *Was there a pr have to agree *Did North dent relative to previous co · what conditions. er. ection to Oakdale sewer. Oakdale would ember DeLapp asked that the staff keep trac of their time and money. He asked what do you get for your sewer inspection fee. Lake Elmo City Council June 6, 2006 Agenda Section: Planning, Land Use and Zoning No. 9B A!!enda Item: Village Area Plan Background Information for June 6. 2006: On May 16 the Council directed staff and the Village Area planning team to wrap up the team's Phase 1 planning work based on the plan as now drafted and produce the "deliverable" Phase 1 plan. Staff and the planning team were also directed to prepare a work plan/contract document proposal to address subsequent Village Area project tasks related to the further detailing of the plan components (such as unit count, and spatial distribution of units and open space), and priorities, programs, and schedules for plan execution. Staff met with the planning team the week of May 31 to determine progress on these directives, and to discuss the work plan for upcoming Village Area Plan tasks. We concurred with the planning team that the deliverable of Phase 1 should be presented to the City Council at the June 6 meeting -and that contract concluded. We advised the team that the future work plan/contract needed to be detailed/scheduled/priced in greater detail than the outline format completed to date. We concurred with the team's observation that additional time (to the Council meeting of June 20) would be required to provide that level of detail. Action items: Motion to accept and place on file the Village Area Master Plan, as prepared by the Engstrom/Close planning team as fulfillment of contractual terms between the planning team and the City; and, to direct staff to remit to the planning team the final payment for services provided for by the Phase 1 contract. Attachments: None. The Phase 1 deliverable will be presented at the June 6 meeting. Person resoonsible: ,(~/_) C1~ Time Allocated: r, " r I ,_ Mayor: Lake Elmo City Council , Dean Johnston 3800 Laverne Avenue No. Council members: Rita Conlin Tuesday, Lake Elmo, MN 55042 Steve DeLapp 777-5510 777-9615 (fax) Liz Johnson JUNE 6, 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 background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. ***6:00 P.M. CLOSED MEETING: City Administrator's Performance Review*** Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes: April 18, 2006 workshop, 5-16-06 Council 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 B. Public Inquiries each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting or as bench copies, to allow a more timely presentation. 4. CONSENT AGENDA Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar A. Resolution No. 2006-049:Approving format. There will be no separate discussion of these items unless a Council Claims member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on tl1e B. Letter of Escrow Reduction -Rockpoint agenda. Church C. 2006 Crack Seal-Award Bid to L&M Services of Belgrade; Resolution No. 2006-050 D. 2006 Seal Coat-Award Bid to Allied Blacktop; Resolution No. 2006-051 5. FINANCE: 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Dept: (1) Reserving Neighborhood Parks (2) Parks Commission/Land Trust: Sunfish Lake Park B. Fire Department Update 8. CITY ENGINEER'S REPORT: A. Tablyn Park/LE Heights Watermain Project-Verbal Update 9. PLANNING2 LAND USE & ZONING: A. Home Occupation Ordinance - Amended Planning Commission Recommendation B. Village Area Master Plan 10. CITY ATTORNEY'S REPORT: 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 13. Adjourn to CLOSED SESSION: Legal Update June 12th: 7 p .m. -Planning Commission/ City Council Working Relationship (continued agenda item) June 13th: 6 p.m. -City Council Workshop Tom Prew C. Dillerud M. Rafferty Lake Elmo City Council Agenda June 6, 2006 Paoe 2 :::, LAKE ELMO CITY COUNCIL WORKSHOP MINUTES APRIL 18, 2006 DRAFT Mayor Johnston called the Council meeting to order at 10:53 p.m. in the Council Chambers. COUNCIL PRESENT: Conlin, DeLapp, Johnson, and Smith. STAFF PRESENT: Administrator Rafferty, City Planner Dillerud, Finance Director Bouthilet, Attorney Filla. 1. AGENDA: To discuss a workshop with the Met Council Representatives. A Workshop was held to discuss a meeting with the Met Council Representatives. M/S/P Johnston/Johnson -to bring it to the next Council Workshop, and delay further discussion for 60 days. (Motion passed 4-0-1: DeLapp) Council Workshop closed at 11 :08 pm I.AGENDA CITY OF LAKE ELMO CITY COUNCIL MEETING May 16, 2006 2. MINUTES: March 21, 2006, May 2, 2006 3. PUBLIC INQUIRIES/INFORMATIONAL: A. PUBLIC INQUIRIES: B. PUBLIC INFORMATIONAL: DRAFT (1) Margaret Carlson-Lake Elmo Park Reserve Master Plan Update (Add) (2) Jim Kelly-MDH-Perfluorochemicals/Private Drinking Water Wells (Add) (3) Village Area Master Plan Presentation: Engstrom and Company (moved forward from Agenda Item 9C) 4. CONSENT AGENDA: A. Resolution No. 2006-046: Approving Claims B. Monthly Operating Report C. Water Meter Vendor D. Partial Payment No. 2: Ellingson Drainage -Water System Interconnect Phase IV 5. FINANCE: None 6. NEWBUSINESS: None 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Dept.: Parks Recommendation on Playground Equipment -Carriage Station (verbal) B. Fire Dept.: Sprinkling Ordinance: Ordinance 97-171 C. Update on Building Dept.: Jim McNamara 8. CITY ENGINEER'S REPORT: A. Stop Sign at the intersection of Lake Jane Trail and Jane Road North B. Street }3..epair and Maintenance C. Trail Quotes D. Tablyn/LE Heights/31 st Street Water Main Bids: Resolution 2006-04 7 E. New NPDES Permit 9. PLANNING, LAND USE & ZONING: A. Zoning Variance-8009 Hill Trail, Tacheny (cont'd): Resolution No. 2006-041 B. Final Plat & Development Agreement-Hidden Meadows (formerly Deer Glen): Resolution 2006-048 C. Village Area Master Plan Presentation: Engstrom and Company (moved to Agenda Item 3B(l)) D. Zoning Ordinance Text Amendment-Outdoor Social Events: Ordinance No. 97-167 E. Park Plan Update -Request for Proposals F. Performance Based Zoning (Add) 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCIL REPORTS: LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 DRAFT Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council Chambers. COUNCIL MEMBERS PRESENT: Conlin, DeLapp, Johnson, and Smith, STAFF PRESENT: Administrator Rafferty, City Planner Dillerud, Finance Director Bouthilet, City Engineer Prew, Attorney Filla, Building Official McNamara, Fire Chief Malmquist and Recording Secretary Freeman. Pledge of Allegiance I. AGENDA: Additions: Item 3A(l) Margaret (Teddy) Carlson -update on Lake Elmo Regional Park Master Plan; Item 3B(2) Jim Kelly, MDH -MN Dept. of Health-water contamination; 9(F) Performance Based Zoning; Move 9C to 3 B(l)-Village Area Master Plan; move Item 2 (Minutes) to 11. M/S/P Johnson/Conlin -to move consideration of the April 18, 2006 City Council minutes to Item 11 A. on the agenda. (Motion passed 4-1: DeLapp-no to moving minutes to 1 lA) Addition to the Agenda: Under Council Rep01is (12), brief discussion about wrapping up City Administrator's Performance Review. M/S/P Johnson/Conlin -to approve the May 16, 2006, City Council Agenda as amended. (Motion 4-1 : DeLapp -against moving minutes to Item 11 A. 2. MINUTES: (moved to Agenda Item llA.} 3. PUBLIC INFORMATIONAL: A. Public Inquiries: None B. Public Informational: (1) Margaret Carlson -Update on Lake Elmo Park Regional Master Plan: Margaret Carlson presented a report regarding the status of the New Lake Elmo Regional Park Reserve Plan, as recently approved by Washington County. She outlined the numerous modifications and additions to Park facilities that are incorporated in the new Plan, including: new amphitheatre, equestrian trails, lighted ski trails, a Highway 5 trail underpass, and handicapped accessibility to the boat dock. Discussion followed about the proposed changes to the original 1978 Park Plan, and where the City could provide input. The Council questioned the current "Reserve" status formula being utilized, and how could it be maintained to protect and perpetuate that Reserve status of the Park. The Council also questioned what the conditions were in the 1978 agreement with the City regarding development of the Park. Mayor Johnston suggested inviting Ms. Carlson to a future Council Workshop to discuss the Regional Park Reserve Plan in greater detail. LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 2 DRAFT (2) James Kelly -Minnesota Depait of Health: Jim Kelly, Minnesota Depaitment of Health (MDH), informed the Council that the MDH has created tests that detect five more chemicals in relation to the contamination in Lake Elmo. Residents in the Lake Elmo Heights, Tablyn Park, Torre Pines and Parkview Estates area should be receiving letters this week from MDH, informing them that they may need to use an alternative water source based on new information about chemical compounds in their water. The PFOA is seven parts per billion and the PFOS values is one pait per billion. Those values were expected to be lowered by summer of 2006. Jim Kelly said MDH scientists had been working for the past several months to develop more sensitive tests that could detect other PFC chemicals. (3) Village Area Master Plan Presentation-Robert Engstrom & Company: Robert Engstrom and team presented an overview of the Village Area Open House. He reported that the plan was well received, and that the team has received many emails and telephone calls regarding the plan as well as the "post-it notes" that were placed on the exhibits. He referred to a project memorandum the team had presented the City Council, and advised that the team is now essentially complete with its original contractual tasks. He suggested that the team is now interested in the Council's wishes regarding moving forward with the plan, including: 1) Directive from the Council preserving the Old Village Plai1 components and Master Plan Projects, including Highway 5 modifications; 2) Integrating the MPCA ground water project with the Master Plan to create the lake; 3) Detailed design standards for Village Area development, and 4) Whether and how the team would be involved in the project going forward. Discussion continued about the Village Area core where compact density and reduced green space are proposed by the Plan. Bruce Jacobson advised that the Plan suggests retaining the very "urban" character at the core of the Village Area -reflecting the character of existing development -but densities decrease and open space increases as one moves outward toward the Village area peripheries. The Council also discussed the amenities package-public and private-and the need for Design Guidelines to ensure that the intended development character is retained. M/S/P Conlin/Johnson -to direct Staff to prepare a complete proposed contract for the project team for the June 6, 2006, Council meeting, to include Phase II with costs, and direction for any subsequent project phases. (Motion passed 5-0) 4. CONSENT AGENDA: A. Resolution No. 2006-046: Approving Claims M/S/P Johnson/DeLapp -to adopt Resolution No. 2006-046 approving Claim Numbers 325, 326, DD728 through DD749, 29065 through 29083, 29085, 29086 which were used for staff payroll dated May 11 , 2006; claims 29084, 29087 through 29147, in the total amount of $624,781.27. (Motion passed 5-0) LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 3 DRAFT B. Monthly Operating Report: M/S/P Johnson/DeLapp -to accept the March 2006 Monthly Operating Report. (Motion passed 5-0) C . Water Meter Vendor: The City currently has approximately 220 water meters with "phone read" equipment, which has become outdated due to a variety of reasons such as utilization of cells phones in lieu of land lines, digital lines through and cable services and increased line draws. With the reduction in labor related to installation repairs and meter reading time, it is anticipated that the Neptune system is the most cost-effective system. It should be noted that all capital equipment purchases related to water will come from the water enterprise fund and will not affect the General Fund supported by Ad Valorem taxes. Staff recommends purchase of the Neptune system. M/S/P Johnson/DeLapp -to purchase Neptune's Meter Reading Equipment at a total cost of $19,502.81. (Motion passed 5-0) D. Partial Payment No. 2. Ellingson Drainage -Water System Interconnect Phase IV City Engineer Prew recommends Partial Payment Ce1iificate No. 2 in the amount of $192,737.03 to Ellingson Drainage, for Water System Interconnect-Phase IV. M/S/P Johnson/DeLapp -to approve Partial Payment No. 2 to Ellingson Drainage in the amount of$192,737.03 for Water System Interconnect Phase IV, verified by the City Engineer in his Memo dated May 12, 2006. (Motion passed 5-0) 5. FINANCE: None 6. NEW BUSINESS: None 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Park Dept.: Parks Recommendation on Playground Equipment -Carriage Station: City Administrator Rafferty presented plans for playground equipment for Carriage Station Park. The Parks Commission budgeted $45,000 for improvements in the Carriage Station Park, and the Council increased the budget allocation to $65,000. Carriage Station neighborhood residents were surveyed last fall for their input and design preferences. Three vendors supplied a designed $35,000 structure. Miracle Company was the preferred design. Two additional pieces of equipment were suggested to be added, bringing the total to $45,000, which is within budget. The Parks Commission recommended approval of the equipment from the Miracle Company. LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 4 DRAFT Discussion followed about the various age groups, trail accessibility, liability issues, and the number of children utilizing the facilities. Council Member Smith reported that a half basketball court is planned for the future. M/S/P Smith/Johnston -to approve the purchase and installation of playground equipment from Miracle Company in the amount of $45,000.00. (Motion passed 5-0) B. Fire Dept.: Sprinkling Ordinance: Ordinance No. 97-171: The Fire Chief and City Staff is recommending adoption of Chapter 1306 under the Minnesota State Building Code, based on the review and discussion with the City Administrator, City Attorney, Building Official and Fire Chief. Given the position of Lake Elmo in regards to the amount and type of future developments that are planned, and adequate water supply, we feel that this is an opp01iune time to adopt Chapter 1306 to help reduce future fire loss in Lake Elmo. M/S/P Johnson/Conlin-to adopt Sprinkling Ordinance, Ordinance No. 97-171. (Motion passed 5-0) C. Update on Building Dept.: Jim McNamara Building Official McNamara informed the Council that it's getting busier, with more permits issued, inspections and questions about various restrictions. There is also a new type of erosion control, along with the silt fence and stake method. It is a roll sock, similar to a large tube. It is filled with mulch, until the end of the project, which can then be opened, recycled or removed. The Building Dept. also continues to pick up signs. 8. CITY ENGINEER'S REPORT: A. Stop Sign at the intersection of Lake Jane Trail and Jane Road North: There was a concern that drivers are going too fast as they travel westbound toward the intersection of Jane Road and Lake Jane Trail. City Engineer Prew reviewed the intersection. He stated that traffic does not warrant a Stop sign. Because of the steep hill, adding a stop sigµ to the westbow1d could create a dangerous condition. Not only would a stop sign be routinely violated, stopping in the winter could be problematic for larger vehicles. Some ideas to slow down traffic -change the speed zone at the top of the hill, adding a median, or adding trees. Council asked about using the portable speed trailer, and increased patrol. M/S/P Johnson/Johnston -to accept the City Engineer's Letter, dated May 12, 2006, recommending that there be no additional Stop sign at the intersection of Lake Jane Trail and Jane Road. (Motion passed 5-0) The Council preferred that the speed be lowered to 3 5 mph. City Engineer Prew stated he would check with MNDot if a speed study has been done. M/S/P DeLapp/Johnson -to direct the City Engineer to meet with staff and return in 1-2 months with recommendations that address the original problem and identify feasibility and costs involved. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 5 DRAFT B. Street Repair and Maintenance: Public Works is requesting that City Council approve the bid from T.A. Schifsky and Sons for the patching of the holes in the City that are too large for the Public Works Dept. to repair, as larger equipment is required. M/S/P DeLapp/Johnson -to accept the bid from T.A. Schifsky and Sons for patching in the amount of $13,458.00. (Motion passed 5-0) C. Trail Quotes -55th Street and Carriage Station Park: City Engineer Prew received quotes from Tower Asphalt and T.A. Schifsky and Sons for the 55th Street and Caniage Station Park Trails. The 55th Street project bid included a large number of bollards needed to prevent vehicle access. Public Works will be able to . accomplish the same thing with boulders and other landscaping. He is recommending the 3 projects be awarded to Tower Asphalt, without the bollards. M/S/P Smith/Johnson-to accept the bid from Tower Asphalt in the amount of $47,716.00, for the 3 Trail Projects. (Motion passed 5-0) D. Tablyn Park/Lake Elmo Heights/31st Street Water Main Bids, Resolution No. 2006-047: Bids for the Tablyn Park/Lake Elmo Heights/3 1st Street Watermain project were received on Friday, May 12, 2006. All bids received were higher than projected by City Engineer Prew and he requested that Council delay awarding the bid until they meet with 3M and further discussion. They will come back to another Council meeting with a recommendation. E. New NPDES Permit: City Engineer Prew informed the Council that the MPCA is requiring that all communities with an existing NPDES permit update it in conformance with their criteria. The NPDES permit covers storm water discharge. The new pem1it required is stricter in regards to making certain City's perform the required Best Practices Management (BPM's). There are 34 unique items that each City must keep track of, with one person at the City being required to be in responsible charge of each BMP. There are other items that are part of this permit, as well. This Permit will be discussed in more detail at the Environmental Meeting on May 17, 2006. M/S/P Conlin/Smith -to authorize Staff to complete the NPDES permit and submit it before June 1, 2006. (Motion passed 5-0) 9. PLANNING, LAND USE & ZONING: A. Zoning Variances -8009 Hill Trail (Tachney). Resolution 2006-041: The City Planner reported that the Council deferred action on this application pending a full Council compliment to consider the matter. He stated that should the Council decide LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 6 DRAFT on this matter contrary to the Planning Commission's recommendation for approval, the draft Resolution would require different findings to support denial beyond a simple finding that the application fails to comply with the required variance standards. M/S/P Conlin/Johnson -to adopt Resolution 2006-041, approving variances at 8009 Hill Trail, based on the recommendations of the Planning Committee. ROLL CALL: DeLapp-no, Johnson-yes, Johnston-no, Smith-yes, Conlin-yes. (Motion passed 3-2: DeLapp, Johnston) B. Final Plat and Development Agreement -Hidden Meadows: The City Planner reported that the Development Agreement for this plat differs from those prepared for other projects. New Agreement language has been added to assure future responsibility for the septic treatment system to be shared with the OP residential neighborhood. The City will look only to the church for compliance with system operations and reporting requirements. A complaint was received about work being conducted this past weekend (Sunday) from a resident. City Staff contacted the developer. The subcontractor for the site addressed the Council, apologizing for any work being done on Sunday. He stated that the subcontractor and the developers were and are aware of City codes, and reiterated that it will not occur again. M/S/P Conlin/Johnson -to adopt Resolution 2006-048, approving the Final Plat and Development Agreement for Hidden Meadows. (Motion passed 5-0) C. Village Area Master Plan: Moved to 3A (1) D. Zoning Ordinance Text Amendment-Outdoor Social Events: City Council requested that the draft ordinance 97-167 for Outdoor Social Events be reviewed with the modifications requested from the May 2, 2006, Council meeting. City Attorney Filla recommended incorporation of one change to # 1, by deleting the word "nominal." It should read, "A site tax parcel area not less than 10 acres." M/S/P Smith/Johnson -to adopt Ordinance 97-167, amending Conditional Uses in the AG zoning district to include Outdoor Conunercial Social Events. (Motion passed 5-0) E. Park Plan Update -Request for Proposals: The Planner reported that the Staff presented a Request for Proposal (RFP) to update the 1990 Park Plan to the Parks Commission at the April 17, 2006, meeting. The Commission reviewed the draft RFP, suggested several minor modifications and adopted a recommendation to the City Council that the RFP be approved at modified M/S/P Johnson/Smith -to approve the 2006 Park Plan Update -Request for Proposals, as presented. (Motion passed 4-1 :DeLapp -the Plan was so badly flawed, it is not necessary and considered it a premature expense.) LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 7 DRAFT F. Performance Based Zoning and Lane Kendig City Planner Dillerud requested direction regarding inviting Lane Kendig to a future workshop to present/discuss Performance Zoning. He guessed that the Kendig visit would cost a maximum $3,000. He advised that a draft Performance Zoning ordinance was about 75% completed by Kendig and the Planning Commission about two years ago. He advised the Council that a new zoning ordinance would be required within 9 months of the Metropolitan Council approval of the Lake Elmo Comprehensive Plan. Council discussed the pros and cons of Euclidian Zoning versus Performance Zoning. The City Planner concurred that Euclidian zoning was the format of the current Lake Elmo zoning ordinance and that format was both familiar and not as complex as Performance Zoning. M/S/F Johnson/DeLapp -to direct Staff to contact Lane Kendig about the feasibility of coming and sharing the Performance Zoning as an educational opportunity workshop. ROLL CALL: DeLapp-yes, Johnson-yes, Johnston-no, Smith-no, Conlin-no (Motion failed 2-3: Johnston, Smith, Conlin) 10. CITY ATTORNEY'S REPORT: None 11 . CITY ADMINISTRATOR'S REPORT: A. Council Minutes (Moved from Item 2) M/S/P Johnson/Conlin -to approve April 18, 2006, Council minutes as revised. (Motion passed 4-1: DeLapp) M/S/P Johnston/Johnson -to approve the amended April 18, 2006, Council minutes to include revisions provided by Council Member DeLapp. (Motion passed 4-1: DeLapp) M/S/P Johnson/Johnston -to approve May 2, 2006, Council minutes as submitted. (Motion passed 3~ 1-1: DeLapp; Conlin Absent) To provide a draft of the May 18, 2006, Council Workshop minutes at the June 6, 2006, City Council meeting. 12. CITY COUNCIL REPORTS: Mayor Johnston updated City Council on the St. Croix Regional Family Center. ECFE and Adult Education will be Phase I, followed by the YMCA 5-6 years later. Site selection study within 60 days, with site selection within 30 days thereafter. The Mayor requested direction for the City Administrator's Performance Review and setting performance objectives. Council determined they would discuss his existing performance review and establish next year's performance objectives. The Mayor requested each Council Member provide 3 objectives of high priority. Council determined there will be a Closed Meeting one hour prior (6:00 pm) to the next Council Meeting. LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 8 DRAFT Council Member DeLapp informed Council he did not attend the Lake Elmo Regional Art Center opening but did talk with Bob Meyer, who talked about the plans the Center has to eventually expand to an 80,000 sq. ft. building containing all types of art. Council Member Johnson provided an "Educational Opportunity" handout to Council Members regarding Edina Housing Succession Plan for Edina's Future, created by a special committee task force. Council Member Smith: None Council Member Conlin: None Reminder: Environmental Committee: Informational Meeting on the City's Surface Water Pollution Prevention Plan-Wednesday, May 17, 2006 at 7:00 pm at City Hall. Clean Up Day is Saturday, June 3, 2006, 8:00 AM -Noon. Council Meeting ended at 10:59 pm Respectfully submitted by Carole Freeman, Recording Secretary Resolution No. 2006-041: Approved Variance to Front Setback & Minimum Lot Size Requirements for 8009 Hill Trail North Resolution No. 2006-046: Approved Claims Resolution No. 2006-047: Tablyn Park/LE Heights Watermain Bid -POSTPONED Resolution No. 2006-048: Approved Final Plat & Development Agreement for Hidden Meadows of Lake Elmo (formerly known as Deer Glen) Ordinance 97-167: Added Section 300.07, Subd. 4.A.2. (h) Relating to Conditional Uses in Agricultural Zoning Districts Ordinance 97-171: Adoption of Minnesota State Building Code -Sprinkler Ordinance LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 9 APPROVED MINUTES MAY 16, 2006 I.AGENDA 2. MINUTES: April 18, 2006 CITY OF LAKE ELMO CITY COUNCIL MEETING MAY 2, 2006 3. PUBLIC INQUIRIES/INFORMATIONAL: A. PUBLIC INQUIRIES: B. PUBLIC INFORMATIONAL: 1. Independent Governor Candidate-Peter Hutchinson 4. CONSENT AGENDA: A. Resolution No. 2006-039: Approving Claims B. Resolution No. 2006-040: Approving Claim C. Resolution No. 2006-044: Partial Payment No. 1-Water System Interconnect Phase IV, Ellingson Drainage D. Resolution No. 2006-045: Partial Payment No. 4-Elevated Water Storage Tank No. 2 5. FINANCE: None 6. NEW BUSINESS: A. Land Partnership Grant (Add) 7. MAINTENANCE/PARK/FIRE/BUILDING: · A. Public Works: ( 1) Vacuum Excavator B. Parks Dept: (1) Tablyn and Lions Park Tennis Courts (2) VFW Electrical Service (3) Swing Set Tablyn Park C. Fire Dept. Update 8. CITY ENGINEER'S REPORT: A. Trail Construction Update: Verbal 9. PLANNING, LAND USE & ZONING: A. Variance for 8009 Hill Trail, Jason Tacheny: Resolution 2006-041 B. Permission for Temporary Office Trailer -Lake Elmo Pines C. Zoning Ordinance Text Amendment -PF District Performance Standards: Ordinance No. 97-168 D. Rockpoint Church-Variance for Sidewall Height: Resolution 2006-042; Section 520 Site Plan: Resolution No. 2006-043 E. Outdoor Social Event: Ordinance No. 97-167 F. Fences as Screening and Security: Ordinance No. 97-169 G. Review of Rural Residential Setback H. Restaurant Drive-Up Facilities in the GB Zone: Ordinance No. 97-170 I. Metro Transit Park & Ride J. Comprehensive Plan Amendment -10th Street (Add) K. Performance Zoning (Add) LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 1 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Village Mater Plan: Verbal 12. CITY COUNCIL REPORTS: APPROVED MINUTES MAY 16, 2006 2 LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 APPROVED MINUTES MAY 16, 2006 Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council Chambers. COUNCIL MEMBERS PRESENT: DeLapp, Johnson, and Smith (arrived at 7:08 am). ABSENT: Conlin. STAFF PRESENT: Planner Dillernd, Finance Director Bouthilet, City Engineer Prew, Attorney Miller, Recording Secretary Freeman. Pledge of Allegiance 1. AGENDA: Additions: Fire Dept. (8C) moved to fo llow Public Inquiries; Comp Plan Amendment on 10th Street (9K); Land Partnership Grant (6A) M/S/P Johnson/DeLapp -to approve the Agenda as amended. (Motion passed 3-0) 2. MINUTES: M/S/P DeLapp/Smith -to table the March 18, 2006, City Council and Workshop minutes for Staff review to include Council Member DeLapp's comments. (Motion passed 4-0) 3. PUBLIC INFORMATIONAL: A. Public Informational: None B. Public Inquiries: Independent Governor Candidate Peter Hutchinson spoke to Council. He mentioned some of the goals he would like to see occur: someone to speak for the cities/townships/counties and that person is the final decision maker; the State Auditor act responsibly when collecting data from the cities; develop a relationship between state and local government offices. Basic information needs to be shared. Resident Susan Dunn stated that after the Village Plan Open House she had heard that people don't understand the difference between REC units and population densities. 4. CONSENT AGENDA: A. Resolution No. 2006-039: Approving Claims Mayor Johnston questioned the Dorsey & Whitman LLP Claim regarding the fee amount. M/S/P DeLapp/Johnson -to adopt Resolution No. 2006-039 approving Claim Numbers 322, 323, DD715 through DD727, 29023 through 29033, were used for Staff Payroll dated April 27th, 2006; claims 324, 2934 through 29063, in the total amount of $357,380.72. (Motion passed 4-0) B. Resolution No. 2006-040: Approving Claim M/S/P Srnith/DeLapp -to adopt Resolution No. 2006-040 approving Claim Number 29064, in the total of$270.00. (Motion passed 3-0-1: Johnson recluse) LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 3 APPROVED MINUTES MAY 16, 2006 C. Resolution No. 2006-044: Partial Payment No. 1 to Ellingson Drainage for Water System Interconnect -Phase IV M/S/P Johnson/Smith -to adopt Resolution No. 2006-044 approving Partial Payment No. 1 to Ellingson Drainage in the amount of $187,011.87, for work improvements to the Water System Interco1mect Project-Phase IV, verified by the City Engineer in his memo dated April 27, 2006. (Motion passed 4-0) D. Resolution No. 2006-045: Partial Payment-Elevated Water Storage Tank No.2: M/S/P Johnson/Smith -to adopt Resolution No. 2006-045: Partial Payment No. 4 to CB & I Constructors, Inc., in the amount of $152,000.00, for work improvements to the Elevated Water Storage Tank No. 2, verified by the City Engineer in his memo dated April 26, 2006. (Motion passed 4-0) 5. FINANCE: None 6. NEW BUSINESS: A . Partnership Grant from MnDOT for Landscaping: Council Member Smith spoke with Todd O'Donnell, MnDOT, about landscaping along Hwy 5 and would like Council support in applying for a Partnership Grant. This Grant is volunteer-driven and a great opportunity for various groups to assist. Deadline is July 31, 2006. M/S/P Johnson/Smith -to send to CIC for review of Partnership Grant, identify feasibility and return to Council with recommendation. (Motion passed 4-0) 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Public Works: The Public Works Dept. is requesting to purchase a vacuum excavator unit to help facilitate work and tasks currently being performed, in addition to work that is years behind in maintenance. M/S/P Smith/Johnson -to purchase the vacuum excavator from Ditch Witch of MN for $37,669.05. (Motion passed 4-0) B. Parks Depts: (1) The Tennis courts at Lions Park and Tablyn Park both need maintenance and repairs. Public Works Supt. Bouthilet presented an update on price quotes obtained. Both projects are in the 2006 Parks CIP. The price for Tablyn is $28,910, and Lions 7,920.00. M/S/P Smith/Johnson -to accept the bid from Tennis West for reconstruction on the two tennis courts recommended by the Public Works Supt. (Motion passed 4-0) LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 4 APPROVED MINUTES MAY 16, 2006 (2) The Lake Elmo Baseball Association presented a request to the Parks Commission for electrical service, lighting and outlet to the dugout and storage building at VFW Park. This requires a transformer and service line trenched from the current field lighting panel. The Parks Commission reviewed the request at the April 18, 2006, Parks Commission meeting. It was budgeted in the CIP, and recommended for approval at the April 18, 2006, meeting for installation. M/S/P DeLapp/Smith -to accept the low bid from Webster Electrical Construction for $2,980.00, as proposed by the Parks Commission. (Motion passed 4-0) (3) The Parks Commission recommended the purchase and installation of a new swing set at Tablyn Park, and the removal of the 17-year old wood play structure and swing set. This swing set was budgeted in the 2006 CIP. Price quotes were obtained from Miracle Recreation with the low bid of $1,159.64. The Play structure has already been replaced with a modular system. M/S/P Johnson/Smith-to accept the swing set bid from Miracle Recreation of $1,159.64 for the purchase and installation at Tablyn Park. (Motion passed 4-0) C. Fire Dept: Fire Chief Malmquist informed the City about two resignations from Station No. 1 - Ty Jacobson (moved out of City) and Chad Sonmor (work commitments). They are accepting applications, with hiring in July. Primary focus is for daytime. He also reminded everyone about the 50th Anniversary and shared that if anyone wanted to help with the celebration to let him know. 8. CITY ENGINEER'S REPORT: A. Trail Construction Update: City Engineer Prew will be a getting quote for two trails -55th Street and Carriage Station Park Trail. He will provide information at the next Council meeting. 9. PLANNING, LAND USE & ZONING: A. Variance for 8009 Hill Trail, Jason Tacheny: Resolution 2006-041: The City Planner reported that the Planning Commission conducted a Public Hearing and adopted a recommendation for approval of this application to remodel and enlarge an existing home on a substandard lot (by area). Two variances are requested and recommended for approval: home enlargement on substandard lot and street setback to Hill Trail. Council discussion concerned the setting of a potential precedent, the character of the neighborhood, if the scale of the house after the improvements would be in keeping with the neighborhood; and, the nature of the hardship. LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 5 APPROVED MINUTES MAY 16, 2006 City Attorney Filla stated that State Law prescribes, "reasonable use of the property" among the general standards for granting zoning variances. He also advised the Council that each variance application is unique and the Council's decisions on variances tend to be subjective, and need not necessarily be consistent as long as specific findings are made by the Council regarding the variance standards in each case. He concluded that the Council should not be concerned with precedent as long as there are specific findings to support their variance decisions. M/S/P Johnston/Johnson -to table to the next meeting to continue consideration of the applications with the full Council in attendance. (Motion passed 3-1: DeLapp-believed everything was presented) B. Permission for Temporary Office Trailer -Lake Elmo Pines The City Planner reported that Staff recommends the Council approve a temporary office/clubhouse at Lake Elmo Pines (formerly Mulligan Masters) with the condition that the temporary structure be removed by November 30, 2006. M/S/P DeLapp/Smith -to approve amending the Mulligan Masters Section 520 Site Plan approval to permit a temporary office/clubhouse facility similar to that previously approved, and to be removed by November 30, 2006. ((Motion passed 4-0) C. Zoning Ordinance Text Amendment -PF District Performance Standards: Ordinance No. 97-168: The City Planner reported that the Planning Commission conducted a Public Hearing on April 24, 2006, to consider correcting; amending PF district standards by adding to the PF zone the same new performance standards that were adopted for all of the commercial zoning districts in 2002. He noted that it was the intent to include the PF zone in the 2002 amendments due to the similarity of most PF structures to those of the commercial zones. City Attorney Filla recommended several numbering modifications to the ordinance draft before the Council. Council Member DeLapp suggested technical terms modifications to the description of "brick veneer" and "wood siding." The City Planner recommended that the suggested technical working modifications be brought back to the Council with the same modifications applicable to the commercial zone performance standards in a separate action to maintain consistency of standards zone-to zone. M/S/P Johnson/Johnston -to adopt Ordinance No. 97-168 amending the Performance Standards to the PF Zoning District. (Motion passed 4-0) LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 6 APPROVED MINUTES MAY 16, 2006 M/S/P DeLapp/Smith -to send the design standards for commercial and public facilities zoning districts to the Planning Commission to evaluate recommended changes for wood and veneer brick definitions. (Motion passed 4-0) M/S/P Johnson/Smith -to approve the Summary of Performance Standards of the Public Facilities zoning district in Ordinances and Standards as amended, authorizing publication of the summary. (Motion passed 4-0) D. Rockpoint Church-Variance for Sidewall Height: Resolution 2006-042; Section 520 Site Plan: Resolution No. 2006-043 The City Planner reported that a Public Hearing was held by the Planning Commission on April 24, 2006, regarding a variance for the height of sidewall for the proposed church structure of 50,000+ square feet on a 20-acre site. The Commission had previously tabled the application pending proper Notice regarding the variance issues that had been raised by Staff (April 10, 2006) regarding the Section 520 Site Plan for this facility. The Planner advised that no building permit can be issued for this project until a Final Plat has been recorded. For the parcel on which the project is proposed, he advised that there remains no clear understanding regarding the responsibility for the private septic system that is to be shared by the church and the adjacent OP residential development. He recommended that the Site Plan approval resolution included conditions related to both matters. Richard Stuhlman, architect for Rockpoint Church, presented a 3-D model of the church as originally designed. He reviewed with the Council the alternatives to the high sidewall on a portion of the building as now designed. M/S/P Johnson/Johnston -to adopt Resolution 2006-042 approving a variance for sidewall height for Rockpoint Church based on the findings and recommendation of the Planning Commission per plans staff dated April 24, 2006. (Motion passed 4-0) M/S/P Johnson/DeLapp -to adopt Resolution 2006-043 approving a Site Plan for Rockpoint Church per plans staff dated April 24, 2006, with two additional conditions: I. No Building Permit shall be approved until Final Plat and Development Agreement are approved by City Council; and 2. Developers Agreement shall reflect responsibility for the joint septic system with the OP Plat. (Motion passed 4-0) E. Zoning Text Amendment -Outdoor Social Events: Ordinance 97-167: The City Planner reported that the Planning Commission considered the Council's concerns stated at the April 18, 2006, meeting and adopted 3 additional recommendations as mandatory CUP conditions. Additional conditions to be added: Tents are to be allowed; events only during the months of May to the end of October; limited to 250 people, hours will be from I 0:00am LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 7 APPROVED MINUTES MAY 16, 2006 to 10:00 pm with all activities stopped and event attendees/staff off the site; and lighting will have to follow City ordinances. M/S/P Smith/Johnston -to table until a version of the ordinance with the Council's modifications included is presented at the May 16, 2006, Council meeting. (Motion passed 4-0) F. Zoning Text Amendment -Fences Standards: Ordinance 97-169 The City Planner reported that the Planning Commission conducted a Public Hearing on April 24, 2006, to consider amendment to the screening provisions of the new fence regulations that would permit residential property owners abutting commercial uses to them, construct fencing that would be effective screening of the adjoining commercial site. The amendment would allow 72 inch screen fencing at the property line where residential property abuts commercial property. He advised that, as written, where a residential lot backs up to commercial zoning or use, all three yards behind the home could utilize the property line screen fencing. He reported that the Planning Commission recommended adoption of the zoning text amendment. Council discussion of the amendment addressed the screening of the whole backyard creating a boxy effect. It was concluded that it would be best to only allow screen fencing along the residential property line that directly abuts the commercial zone or use rather than all three property lines. M/S/P DeLapp/Johnson -to adopt Ordinance 97-169 amending the Zoning Ordinance Fence Standards to permit screen fencing of residential yard where residential properties abut commercial uses only on the common property line. (Motion passed 4-0) G. RR District S The City Planner reported that the Planning Commission reviewed the existing setback provisions in the RR and RE districts, and the recommendation by the Planning Commission to make no amendments to those existing standards. M/S/P Smith/Johnston -to direct staff to proceed with preparing an amendment to the RR zoning district standards to incorporate the RE setback standards. (Motion passed 3-1: Johnson opposed) Council Member Johnson advised that her vote reflects her belief that the existing RR setback standards were adopted to preserve rural character and should be maintained for that reason. She also noted that RR-zoned property owners have relied on the existing standards as they have placed structures on their land, and planned the locations of future structures. LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 8 APPROVED MINUTES MAY 16, 2006 H. Restaurant Drive-Up Facilities in the GB Zone: Ordinance 97-170: The City Planner presented the Planning Commission recommendation for amendment to the GB district Permitted Uses that had been tabled by the City Council on April 18, 2006. M/S/P Johnson/Johnston -to adopt Ordinance 97-170 amending the GB zoning district standards to permit drive-up windows at restaurant facilities, but prohibiting menu boards and intercom systems. (Motion passed 4-0) I. Metro Transit Park & Ride: The Planning Commission reviewed and discussed the Park & Ride proposal at its April 24, 2006, meeting. City Engineer Prew advised that only the Keats A venue site would "probably" work for a water tower co-locate. The Commission adopted a Motion that the City continue to work with Metro Transit and the Keats A venue site as the preferred option. Administrator Rafferty received a letter from Met Council about the possibility of constructing a park-and-ride facility in Lake Elmo. Mayor Johnston stated that Met Council implied we had to accept at the time of the Comprehensive Plan but it was successfully removed. He believes that a transit system is an asset to communities in the long-term in high density areas, and would benefit the City. M/F Johnson/Johnston -to direct Staff to meet with Metro Transit to continue discussion to build a Park & Ride facility along Keats Avenue. (Motion Failed 2:2-DeLapp and Smith) Council Member DeLapp disagreed, asking why we are even considering it. Council Member Smith questioned why we should even consider it as it shows an interest on the part of the City. Lake Elmo does not need or want a park-and-ride. Give it to another community if it is such a benefit. J. Comprehensive Plan Amendment on 10th Street: Council Member DeLapp requested that PF zoned parcel north of 10th Street be brought into conformity with the Land Use Plan and zoning of the other lands in the vicinity of the site -Land Use Plan guiding of RAD and zoning of either RR or AG. M/S/P DeLapp/Johnston -to direct Staff to bring the PF to RAD proposal to the next Council Workshop for discussion. (Motion passed 4-0) K. Performance Zoning: Council Member Smith inquired about the status of work on a new zoning ordinance. LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 9 APPROVED MINUTES MAY 16, 2006 The City Planner advised that he had been in contact with Lane Kendig regarding a workshop on Performance Zoning -as previously directed by City Council -but no date could be available for Kendig until early June. The City Council then discussed the several alternative zoning ordinance structures that could be the template for a new Lake Elmo zoning ordinance -Performance, Euclidian, and Design Based, and the relative advantages and disadvantages of each structure. M/F Smith/DeLapp -to forgo Lane Kendig conducting a seminar about PF Zoning. (Motion Failed 2-2: Johnson and DeLapp) 10. CITY ATTORNEY'S REPORT: None 11. CITY ADMINISTRATOR'S REPORT: A. Village Master Plan: Administrator Rafferty informed the Council there will be a meeting on May 16, 2006, with the Consultants summarizing the Council's comments and public information received from the Open House. Another presentation will be held with them asking the Council for direction. 12. CITY COUNCIL'S REPORT: Council Member Johnson: Congratulations on the City 2005 Tree City USA Award. Thank you to Kathy Widin and Staff for submitting the necessary information. Council Member DeLapp: Mpls. Star Tribune Editorial, written by former Governor's wife .... should not be separated Mayor Johnston reminded that the Board of Revi-ew will be-held on Vlednesday, May 3rd, 4-6 pm. in the Council Chambers; Clean Up Day is Saturday, June 3rd, 8-noon; Environmental Meeting on the City's Surface Water Pollution Prevention Plan on May 17, 2006. Council Meeting adjourned at 11: 12 pm Respectfully submitted by Carole Freeman, Recording Secretary Resolution No. 2006-039: Approving Claims Resolution No. 2006-040: Approving Claim Resolution No. 2006-042: Approve Variance for Sidewall Height for Rockpoint Church Resolution No. 2006-043: Approve Site P~an for Rockpoint Church LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 APPROVED MINUTES MAY 16, 2006 Resolution No. 2006-044: Partial PaymentNo.1-Ellingson Drainage for Water System Interconnect -Phase IV Resolution No. 2006-045: Partial Payment-No. 4-Elevated Water Storage-Tank No. 2 Ordinance No. 97 -168: Amend the Lake Elmo Municipal Code Section 300.07. Subd.4/M.f.(a) and Subdivisions Relating to Architectural Performance Standards in Public Facilities Zoning District Ordinance No. 97-169: Amend Section 302.06, Subd. 1. "Fences as Screening and Security as Required by this Code" Ordinance No. 97-170: Amend GB District Standards to Permit Drive-up Windows at Restaurant Facilities LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 11 APPROVED AS AMENDED MAY 16, 2006 20' watermain easement granted from the developer. The developer agreed that language could be added granting a watermain easement of 10-20 feet to the east. M/S/P Johnson/Conlin -to adopt Resolution 2006-038, approving the OP Development Stage Plan/OP Conditional Use Permit and Preliminary Plat for Hidden Meadows of Lake Elmo per plans staff dated April 13, 2006, with the following conditions: 1) Compliance with the recommendations/requirements of the City Engineer, 2) Compliance with the recommendations/requirements of the Valley Branch Watershed District as found to be appropriate by the City Engineer, 3) Trail setback to the Ziertman property be increased and screening be considered in the Landscape Plan, 4) Confirm drainfield setback is to be 100' feet from property line; 5) Provide size and delineation of the alternate drainfield, 6) Secondary drainfield have the appropriate easement for trail use; 7) A trail easement be added to the proposed watermain easement; eventually allowing the trail system to connect Keats A venue to Lake Elmo A venue. (Motion passed 5-0) C. Zoning Ordinance Text Amendment-Outdoor Social Events: City Planner Dillerud recommended referring back to the Planning Commission. This is dealing with ordinance as part of a CUP, and would be dealt with on an individual basis. No applications have been received yet. Council Member Delapp saw the point of customized AG CUP's; police should not be required to be there. Council Member Johnson focused on any potential AG use. Resident Carol Palmquist wanted to clarify the number of people and vehicles. Her staff would control loud music, security and safety. Two hundred people or less would be attending. M/S/P Johnson/Conlin -to refer the draft language for the proposed Outdoor Commercial Social Events CUP in the AG District back to the Planning Commission with direction to consider and make recommendations regarding the issues raised at the April 11 Council Workshop, and to include a bullet for traffic impact analysis. (Motion passed 5-0) D. Update on Met Council Meeting Council Member Delapp asked for Council support in his effort to develop a parallel plan option through the state legislature as an alternative to the Met Council process for comprehensive planning. Council Member Conlin asked him what is being asked, and to submit a proposal. Council Member Delapp left the table at 10:28 p.m. M/S/P Johnston/Johnson -to table to the next Council meeting with a written proposal to discuss. (Motion passed 4-0: Delapp Absent) LAKE ELMO CITY COUNCIL MINUTES APRIL 18, 2006 7 APPROVED AS AMENDED MAY 16, 2006 10. CITY ATTORNEY'S REPORT: Attorney Filla provided a legal opinion handout to Council regarding Drive-In, Drive-Up and Drive-Through Facilities. Equal Protection Standards cannot distinguish in a GB zone based on what is an interior business vs. exterior business. Recommendation is for the City to determine the concerns relating to the food industry prior to amending current or adopting new regulations. Mayor Johnston is willing to allow a walk-up/pick-up window based as code regulates accessory use not listed as business. City Planner recommends allowing of a drive-up window. Business owner Ed Gorman had requested a drive-up window, menu board and intercom. M/S/P Johnson/Smith-to direct the Planning Commission to allow walk-up window for consideration and refer back to the next Council meeting. (Motion passed 4-0: DeLapp Absent) 11. CITY ADMINISTRATOR'S REPORT: None. 12. CITY COUNCIL REPORTS: Mayor Johnston informed the Council that Washington County Library is sponsoring a 9- week reading program. Reminder that the Board of Review will be held on Wednesday, May 3rd, 4-6 pm in the Council Chambers; Clean Up Day is Saturday, June 3rd, 8-noon; the Old Village Presentation Open House is Wednesday, April 19, 6:30-8:30 pm at Lake Elmo Elementary School. Council Member Conlin commented on the condition of the tennis courts and that repair was designated in the CIP for July. Council Members commented in regard to Council Member DeLapp's behavior of leaving in the midst of Council Meetings. Attorney Filla said unless a Rule of Conduct is adopted, there is no course of action. Council Member Conlin asked Attorney Filla about common practice to leave City Council meetings, and how bad behavior is treated. Mayor Johnston stated that the City adopted Roberts Rules of Order. Council Member Conlin said Council Member DeLapp was not doing his job; behavior was out-of-order and was not being responsible. Council Member Johnson congratulated the Lake Elmo Lions on a wonderful and successful Cadillac Dinner Monday night. Council Member Smith requested support for application of a Landscape Partnership Grant with MnDOT for sections of Highway 5. Council Meeting adjourned at 10:50 p.m. LAKE ELMO CITY COUNCIL MINUTES APRIL 18, 2006 8 APPROVED AS AMENDED MAY 16, 2006 Respectfully submitted by Carole Freeman, Recording Secretary Resolution No. 2006-033: Charitable Gambling License Resolution No. 2006-034: Claims Resolution No. 2006-035: Tablyn Park Neighborhood Street Construction Project Resolution No. 2006-036: Authorize ad for bid for Tablyn Park/Lake Elmo Heights Watermain Project Resolution No. 2006-037: Final Plat & Development Agreement-Discover Crossing Resolution No. 2006-038: OP Development Stage Plan/Preliminary Plat & CUP-Hidden Meadows Council Member DeLapp returned at 10:52 pm LAKE ELMO CITY COUNCIL MINUTES APRIL 18, 2006 9 ATTEST: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-049 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 327, 328, DD750 through DD762, 29148 through 29158, were used for Staff Payroll dated May 25th, 2006; claims 329, 29159 through 29209, in the total amount of $689,206.74 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 6th day of June, 2006. Dean A. Johnston Mayor Martin J. Rafferty City Administrator Accounts Payable Computer Check Proof List User: administrator Printed: 06/01/2006 -2:10 PM Invoice No Vendor: REVENUE SaJesTax 05/06 SaJesTax 05/06 SalesTax 05/06 Description MN Department of Revenue Use Tax May 2006 Use Tax May 2006 -Generator Use Tax May 2006 Check Total: Total for Check Run: Total Number of Checks: AP -Computer Check Proof List (06/0 l /2006 -2: IO PM) SPRJNG, --SOFTWAitE-- Amount Payment Date Acct Number 109.00 06/06/2006 650.00 06/06/2006 5.00 06/06/2006 764.00 764.00 I Check Sequence: I 101-41 0-1 320-44300 410-480-8000-45800 601-494-9400-44300 Reference ACH Enabled: No Page I Accounts Payable Computer Check Proof List User: administrator Printed: 06/01/2006 -2:13 PM Invoice No Description Vendor:ACEHARD Ace Hardware 24413 Basketball Nets -Parks Check Total: Vendor:ACSGOV ACS Government Systems, Inc. 52355 FIREHOUSE Software Renewal Check Total: Vendor:ANCOM ANCOM COMMUNICATIONS, INC. 0000068931 Pagers -Fire Dept Check Total: Vendor:ARAM Aramark 629-5983166 Mats, Linen -City Hall Check Total: Vendor:BIFFS Bifl's Inc. W289357 Portable Rental -Sunfish Lake Park W289358 Portable Rental -Lions Park W289359 Portable Rental -VFW Park W289360 Portable Rental -DeMontreville Park W289361 Portable Rental -Reid Park W289362 Portable Rental -Tablyn Park W289363 Portable Rental -Pebble Park W289364 Portable Rental -Stonegate Park Check Total: Vendor:BRAUN Braun Intertec Corporation 262327 Material Testing -New PW AP -Computer Check Proof List (06/01/2006 -2: 13 PM) SPRINGE --SOFTWARE---- Amount Payment Date Acct Number Reference Check Sequence: I 19.89 06/06/2006 I 01-450-5200-44030 ACH Enabled: No 19.89 Check Sequence: 2 ACH Enabled: No 709.10 06/06/2006 IO l-420-2220-44300 709.10 Check Sequence: 3 ACH Enabled: No 537.36 06/06/2006 I0l-420-2220-43230 537.36 Check Sequence: 4 ACH Enabled: No 65.94 06/06/2006 IO 1-410-1940-440 I 0 65.94 Check Sequence: 5 ACH Enabled: No 74.26 06/06/2006 IO l-450-5200-44120 217.47 06/06/2006 IO l-450-5200-44120 108.74 06/06/2006 IO l-450-5200-44120 108.74 06/06/2006 IO l-450-5200-44120 108. 74 06/06/2006 IO l-450-5200-44120 108.74 06/06/2006 IO I-450-5200-44120 108.74 06/06/2006 IO l-450-5200-44120 108.74 06/06/2006 IO l-450-5200-44120 944.17 Check Sequence: 6 ACH Enabled: No 3,301.35 06/06/2006 410-480-8000-43030 Page I lnvoice No Description Amount Payment Date Acct Number Reference Check Total: 3,301.35 Vendor:CB & I CB & I Constructors, Inc. Check Sequence: 7 ACH Enabled: No 150791-05 Project 13253.000 -Pmt #5 153,900.00 06/06/2006 60 l-494-9400-45200 Check Total: 153,900.00 Vendor:CENTPOW Century Power Equipment Check Sequence: 8 ACH Enabled: No 18094 Weed Whip -Parks 316.25 06/06/2006 IO 1-450-5200-422 l 0 346922/348399 Filters, Belt, Idler -Parks 35.44 06/06/2006 IO 1-450-5200-42210 348455 Beaver Blade 7" 51.07 06/06/2006 1 0l-450-5200-42210 348458 Limit Stop -Public Works 21.25 06/06/2006 101-450-5200-42210 Check Total: 424.01 Vendor:DELUXE Deluxe Business Checks Check Sequence: 9 ACH Enabled: No 19846146 Check Printing 551.6 I 06/06/2006 IO 1-410-1520-42030 Check Total: 551.61 Vendor:DIVCON Diversified Contracting Spec. Check Sequence: 10 ACH Enabled: No 10-0266 -09 New Public Works Bldg -Pmt #9 171,682.58 06/06/2006 410-480-8000-45200 Check Total: 171,682.58 Vendor:DTI DTI Check Sequence: 11 ACH Enabled: No 105930 Telephone Service -Fire Dept 121.69 06/06/2006 101-420-2220-43210 105930 Telephone Service -Public Works 70.78 06/06/2006 101-430-3100-432 I 0 105930 Telephone Service -Well 1 35.27 06/06/2006 601-494-9400-43210 105930 Telephone Service -Lift Stations 105.83 06/06/2006 602-495-9450-432 I 0 Check Total: 333.57 Vendor:EARLANDE Earl F. Andersen, Inc. Check Sequence: 12 ACH Enabled: No 0071751-IN Stop Signs & Tubular Posts 1,143.49 06/06/2006 101-430-3100-42260 Check Total: 1,143.49 Vendor:ELLISON Ellison Drainage Check Sequence: 13 ACH Enabled: No Proj. 13186.000 Watermain Proj. 13186.000 -Pmt #2 192,737.03 06/06/2006 60 l-494-9400-46400 Check Total: 192,737.03 Vendor:F ARNPLN Farm Plan Check Sequence: 14 ACH Enabled: No 1115090 Oil/Fuel/Air Filters -Public Works 125.77 06/06/2006 IO 1-430-3100-42210 1118036 PTO Shield -Public Works 210.86 06/06/2006 101-430-3100-42210 AP -Computer Check Proof List (06/0 l/2006 -2: 13 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 336.63 Vendor:FOUR Four Seasons Service Check Sequence: 15 ACH Enabled: No 23-042466 Supplies -City Hall 57.12 06/06/2006 IO 1-4 I 0-1940-44300 Check Total: 57.12 Vendor:FXL FXL, Inc. Check Sequence: 16 ACH Enabled: No June 2006 Assessing Services -June 2006 2,000.00 06/06/2006 l O 1-410-1550-43 l 00 Check Total: 2,000.00 Vendor:GRAFIX Grafix Shoppe Check Sequence: 17 ACH Enabled: No 47146 Logo Design -Fire Dept 175.00 06/06/2006 101-420-2220-44300 Check Total: 175.00 Vendor:HYDRANT Hydrant & Valve Repair Service Check Sequence: 18 ACH Enabled: No 821 Fire Hydrant Repair 2,250.00 06/06/2006 60 l-494-9400-44300 Check Total: 2,250.00 Vendor:IAFCREG !AFC Check Sequence: 19 ACH Enabled: No vcos 2006 Registration -G. Malmquist 265.00 06/06/2006 10 l -420-2220-44370 Check Total: 265.00 Vendor:JH Larso J.H. Larson Company Check Sequence: 20 ACH Enabled: No 1449187-01 Lights -Fire Dept 125.92 06/06/2006 IO l -420-2220-42230 Check Total: 125.92 Vendor:KEYSWELL Keys Well Drilling Co. Check Sequence: 21 ACH Enabled: No 2006057 Test Pump Install -Well 3 1,200.00 06/06/2006 202-494-9400-44300 Check Total: 1,200.00 Vendor:MALMQ GregMalmquist Check Sequence: 22 ACH Enabled: No Reim. Claim Tool Box -Fire Dept 63.89 06/06/2006 10 l-420-2220-42400 Check Total: 63.89 Vendor:MENARDSO Menards -Oakdale Check Sequence: 23 ACH Enabled: No 80356 Cabinet -Fire Dept 85.19 06/06/2006 IO l-420-2220-42000 80934 Ropes -Fire Dept 14.59 06/06/2006 IO l-420-2220-42230 80953 Color Film, Tapes -Fire Dept 90.30 06/06/2006 101-420-2220-42000 AP-Computer Check Proof List (06/01/2006-2:13 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 84401 Ladder, Drills -Fire Dept 91.72 06/06/2006 10 l-420-2220-42400 Check Total: 281.80 Vendor:METROCA Metrocall Check Sequence: 24 ACH Enabled: No P0318076E Pager Service -Fire Dept 74.00 06/06/2006 101-420-2220-43210 Check Total: 74.00 Vendor:MILLEREX Miller Excavating, Inc. Check Sequence: 25 ACH Enabled: No 11566 Grading Roads 584.50 06/06/2006 IO 1-430-3100-43150 Check Total: 584.50 Vendor:MINNCHEM MINNESOTA CHEMICAL CO. Check Sequence: 26 ACH Enabled: No 316766 Dryer Repair -Fire Dept 338.12 06/06/2006 10 l-420-2220-44040 317698 Dryer Repair -Fire Dept 90.53 06/06/2006 10 l-420-2220-44040 Check Total: 428.65 Vendor:MNDOH MN Department of Health Check Sequence: 27 ACH Enabled: No 1820009 Service Conn. Fee 872.00 06/06/2006 601-494-9400-43820 Check Total: 872.00 Vendor: MO DEAN Jason Modean Check Sequence: 28 ACH Enabled: No Permit 4423 Refund Dep. for 8312 Deerpond Tr -4423 1,000.00 06/06/2006 803-000-0000-22900 Check Total: 1,000.00 Vendor: MPCA MN Pollution Control Agency Check Sequence: 29 ACH Enabled: No Exam App Exam. App. -Gerald Magnuson 32.00 06/06/2006 602-495-9450-443 70 June 20-22 Reg Training Reg. -Gerald Magnuson 270.00 06/06/2006 602-495-9450-443 70 June 20-22 Reg Training Reg. -Michael Bouthilet 270.00 06/06/2006 602-495-9450-443 70 Check Total: 572.00 Vendor:Natl Wat National Waterworks Check Sequence: 30 ACH Enabled: No 3484741 Hyd Flushing Elbow 89.20 06/06/2006 601-494-9400-42270 Check Total: 89.20 Vendor: NEXTEL Nextel Communications Check Sequence: 31 ACH Enabled: No 761950227-038 Cellular Service -Admin 75.16 06/06/2006 IO 1-410-1940-432 I 0 761950227-038 Cellular Service and Equip.-Fire Dept 149.43 06/06/2006 101-420-2220-43210 761950227-038 Cellular Service -Bldg Dept 32.48 06/06/2006 101-420-2400-43210 761950227-038 Cellular Service -Public Works 50.51 06/06/2006 IO 1-430-3100-43210 AP -Computer Check Proof List (06/01/2006 -2: 13 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference 761950227-038 Cellular Service -Parks 16.24 06/06/2006 101-450-5200-43210 Check Total: 323.82 Vendor:OAKDALE City of Oakdale Check Sequence: 32 ACH Enabled: No WAC WAC Fees due Oakdale 6,000.00 06/06/2006 60 l-494-9400-43820 Check Total: 6,000.00 Vendor:OAKDRC Oakdale Rental Center Check Sequence: 33 ACH Enabled: No 44465 Trencher Rental -Parks 125.95 06/06/2006 IO l-450-5200-42250 Check Total: 125.95 Vendor:PETERSO Peterson Fram & Bergman Check Sequence: 34 ACH Enabled: No 11135M Legal Services -Admin 1,921.11 06/06/2006 101-410-1610-43040 11140M Criminal Pros 3,948.44 06/06/2006 101-4 I 0-1610-43045 11145M Legal Services -Water System 1,887.50 06/06/2006 60 l-494-9400-44300 11150M Community Dev 331.61 06/06/2006 803-490-9070-43040 11155M Civil Litigation 486.00 06/06/2006 101-410-1610-43040 11 161M Auto Forfeiture I 21.50 06/06/2006 101-410-1610-43045 Check Total: 8,696.16 --- Vendor: PETTYFlR Petty Cash Check Sequence: 35 ACH Enabled: No Petty Cash Postage for training materials 40.25 06/06/2006 101-420-2220-44300 Petty Cash Velcro, Bolts 15.24 06/06/2006 IO 1-420-2220-42400 Petty Cash Wipers, Headlights -3190 20.48 06/06/2006 IO 1-420-2220-44040 Petty Cash Business Cards Forms 16.50 06/06/2006 IO l-420-2220-42000 Check Total: 92.47 Vendor:PioneerA Pioneer Press Check Sequence: 36 ACH Enabled: No 219071 Subscription -Pioneer Press 104.00 06/06/2006 IO 1-410-1320-44330 Check Total: 104.00 Vendor:PRESS StevenPress Check Sequence: 37 ACH Enabled: No 05/16/2006 Cablecast -City Council 62.55 06/06/2006 101-410-1320-43620 05/22/2006 Cablecast -Planning Comm. 55.60 06/06/2006 101-410-1910-43620 Check Total: 118.15 Vendor: REED Reed Business Information Check Sequence: 38 ACH Enabled: No 3262392 05/12 Bid Pub!. -Crackseal/Sealcoat 303.16 06/06/2006 IOl-410-1320-43510 3267737 05/19 Bid Pub!. -Crackseal/Sealcoat 303.16 06/06/2006 I0l-410-1320-43510 AP -Computer Check Proof List (06/01/2006-2:13 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 606.32 Vendor:RENNESC Scott Renne Check Sequence: 39 ACH Enabled: No 05/29/06 Appraisal at 10193 60th St I, 100.00 06/06/2006 803-490-9070-44300 Check Total: 1,100.00 Vendor: Reserve Pitney BowesReserve Account Check Sequence: 40 ACH Enabled: No 20313037 Metered Postage 500.00 06/06/2006 101-410-1320-43220 Check Total: 500.00 Vendor:ROCKPOIN RockPoint Church Check Sequence: 41 ACH Enabled: No 05/31/2006 Watermain Oversize 6,043.00 06/06/2006 601-494-9400-46400 Check Total: 6,043.00 Vendor:ROGERS Rogers Printing Services Check Sequence: 42 ACH Enabled: No 13742 Utility Bills ll3.96 06/06/2006 60 I -494-9400-42030 Check Total: 113.96 Vendor:RUD DianePrince-Rud Check Sequence: 43 ACH Enabled: No 05/15-06/0 l Cleaning -City Hall 457.50 06/06/2006 IO l-410-1940-44010 05/l 5-06/0 l Cleaning -Fire Hall 450.00 06/06/2006 IO l-420-2220-440 l 0 05/15-06/01 Trash Bags, Cleaners, Windex Refill 27.55 06/06/2006 l 0 1-410-1940-42110 Check Total: 935.05 Vendor:S&T S&T Office Products, Inc. Check Sequence: 44 ACH Enabled: No 0IKW0640 Paper 104.46 06/06/2006 101-410-1320-42000 0IKW0640 Fax Cartridges -Public Works 41.38 06/06/2006 101-430-3 I 00-42000 0lKW0640 Dictionary 9.64 06/06/2006 IO l-420-2400-42000 Check Total: 155.48 Vendor:SATELLIT Satellite Shelters, lnc. Check Sequence: 45 ACH Enabled: No 24180635 Rental -Bldg Dept Trailer 319.50 06/06/2006 101-420-2400-44120 Check Total: 319.50 Vendor:SPRINT Sprint Check Sequence: 46 ACH Enabled: No 0526076028-3 DataLink -Fire Dept 51.18 06/06/2006 IO 1-420-2220-43210 Check Total: 51.18 AP-Computer Check Proof List (06/01/2006 -2:13 PM) Page6 Invoice No Description Amount Payment Date Acct Number Reference Vendor:TASCH T.A. Schifsky & Sons Check Sequence:, 47 ACH Enabled: No 38798 Asphalt Mix -Street Maint. 99.61 06/06/2006 101-430-3100-42240 38873 Asphalt Mix -Street Maint. 71.29 06/06/2006 101-430-3 I 00-42240 Check Total: 170.90 Vendor:TESSMAN Tessman Company Check Sequence: 48 ACH Enabled: No S067l09-1N Landscaping Materials -Public Works 436.97 06/06/2006 101-430-3100-42250 Check Total: 436.97 Vendor:TKDA TKDA, Inc. Check Sequence: 49 ACH Enabled: No 000200602032 Water System Study 2,772.01 06/06/2006 60 l-494-9400-43030 000200602034 Water System Interconnection 40,674.03 06/06/2006 60 l-494-9400-43030 000200602035 Water Tank 2,291.46 06/06/2006 60 l-494-9400-43030 000200602036 Whisp.Vly, Tapestry, DG, Farms, Xing 3,635.66 06/06/2006 803-490-9070-43030 000200602053 New Public Works Bldg 3,326.08 06/06/2006 410-480-8000-43030 000200602054 GIS Mapping of Surface Water 742.56 06/06/2006 603-496-9500-43030 000200602055 Tablyn Pk/LE Heights Waterrnain 12,175.48 06/06/2006 202-494-9400-43030 000200602057 Civil Defense Sirens 89.27 06/06/2006 101-410-1930-43030 000200602058 Northern Watermain Extension 111.87 06/06/2006 60 l-494-9400-43030 000200602065 Surface Water System, NPDES Permitting 1,883.13 06/06/2006 603-496-9500-43030 000200602065 Water System, SCADA System 5,800.01 06/06/2006 60 l-494-9400-43030 000200602065 New Public Works Bldg 223.71 06/06/2006 410-480-8000-43030 000200602065 Street Maintenance 1,533.97 06/06/2006 409-480-8000-43030 000200602065 Carriage Station Park 3,345.03 06/06/2006 404-480-8000-43030 000200602065 Grading/Utility Permits, Mtgs 4,544.86 06/06/2006 IO 1-410-1930-43030 000200602067 Manning Ave Construction -Feas. Rpt. 5,732.76 06/06/2006 409-480-8000-43030 Check Total: 88,881.89 -- Vendor: WAS-LAND Washington County Surveyor Check Sequence: 50 ACH Enabled: No 1006800 Code Enforcement Materials 13.31 06/06/2006 IOl-420-2400-44350 Check Total: 13.31 Vendor:XCEL Xcel Energy Check Sequence: 51 ACH Enabled: No 51-4572945-7 Light at 3880 Laverne 24.93 06/06/2006 101-430-3160-438 IO 51-4576456-3 4259 Jamaca 132.46 06/06/2006 101-430-3100-43810 51-4733556-8 Tennis Courts 8.04 06/06/2006 l O l-450-5200-43810 51-5044219-0 11194 Upper 33rd St 40.85 06/06/2006 IO 1-450-5200-43810 51-5522332-2 Traffic Light at 998 Inwood 28.75 06/06/2006 IO 1-430-3160-43810 51-5747685-4 3585 Laverne 83.27 06/06/2006 IO l-450-5200-43810 51-5916043-7 Lift Station at 11062 34th 10.01 06/06/2006 602-495-9450-438 I 0 51 -6429583-8 2759 Legion Ave 26.57 06/06/2006 IO 1-430-3100-43810 51-6433976-2 Fire Hall @3510 Laverne 198.24 06/06/2006 IO 1-420-2220-43810 AP -Computer Check Proof List (06/01/2006 -2: 13 PM) Page 7 Invoice No Description 51-6625457-l Fire Hall @ 3511 Laverne 5 l -6928283-3 Traffic Light at Manning/Stillwater Blvd 51-6956201-4 3675 Layton Ave Check Total: Total for Check Run: Total Number of Checks: AP -Computer Check Proof List (06/01/2006 -2: 13 PM) Amount Payment Date 48.51 06/06/2006 22.17 06/06/2006 8.13 631.93 652,145.85 51 06/06/2006 Acct Number Reference l O 1-420-2220-438 l 0 101-430-3160-438 l 0 101-430-3100-43810 Page 8 MONTH 11135 11140 Administration Criminal Pros Jan $2,381.27 $3,516.24 Feb $1,364.70 $4,574.62 March $1,160.50 $3,682.65 April $1,921.11 $3,948.44 May June July Aug Sept Oct Nov Dec Totals $6,827.58 $15,721.95 CITY OF LAKE ELMO 2006 BILLING SUMMARY 11145 11150 11155 Public Imp. Proj Communitv Dev Civil Litigation $363.00 $1 ,821.52 $572.96 $616.00 $1,997.00 $3,301.50 $381.50 $280.75 $1,887.50 $331.61 $486.00 $5,761.96 $1 ,692.11 $4,585.27 11161 TOTAL Auto Forfeiture $135.00 $8,217.03 $5.00 $9,130.28 $243.00 $9,049.90 $121.50 $8,696.16 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $504.50 $35,093.37 5/1 1/2006 Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 11135-060002 DRIVE UP FACILITY 11135-920001 Administration BERGMAN ACCOUNT NO . FEES EXPENSES ADVANCES REGULATIONS 253.00 0 .00 0 .00 1,666.50 1. 61 0.00 1 ,919 .50 1. 61 0 .00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. (65 I) 291-8955 (65 I I 228-1753 facsimile Federal Tax ID #41-0991098 Page : l 04/30/2006 11135M BALANCE $253.00 $1,668.11 $1,921.11 PAYMENTS RECEIVED AFrER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 BERGMAN CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 FEES 11140-030001 Misc Prosecutions 3,397.75 11140-050217 Skog land, Jon Michael 2nd degree DUI, 2nd degree 30.00 11140-060001 Matson, Suzanne Mary 3rd degree DUI, 3rd degree 131.25 11140-060062 Johnson, Sherri Lee 3rd degree DUI 102 .50 11140-060063 Siegl, Courtney L violate OFP 97.50 11140-060065 Martinez, William J. 4th degree DUI , 4th degree 10.00 11140-060067 Tomek, Kimberly speed 68/55 131 .25 11140-060070 Dean, Timothy DAR 10.00 ACCOUNT NO . EXPENSES ADVANCES 1 8 .19 0 .00 .08 0 .00 0 .00 DUI .08 or more 0 .00 0 .00 0 .00 0 .00 0.00 0 .00 .08 0.00 0 .00 0.00 0 .00 0.00 0 .00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. (651) 291-8955 (6511 228-1753 facsimile Federal Tax ID #41-0991 098 Page : 1 04/30/2006 11140M BALANCE $3,415.94 $30 .00 $131 . 25 $102 .50 $ 97 . 50 $10 .00 $131.25 $10.00 PAYMENTS RECEIVED AFTER THE LAST DAV OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 FRAM BERGMAN CITY OF LAKE ELMO ACCOUNT NO. FEES EXPENSES ADVANCES 11140-060080 Weyer, Robert speed 68/55 10 .00 0.00 0 .00 11140-060083 Meyer, Wendy Jo 4th degree DUI 5 .00 0 .00 0 .00 11140-060084 White, Jessica no insurance 5.00 0 .00 0.00 3,930 .25 18.19 0 .00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. (651) 291-8955 ( 651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 2 04/30/2006 11140M BALANCE $10 .0 0 $5.00 $5.00 $3,948.44 PAYMENTS RECEIVED AFl'ER THE LAST DAV OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 FEES 11145-040003 WATER SYSTEMS CONNECTION 1 ,887 .50 ACCOUNT NO . EXPENSES ADVANCES 0.00 0.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. 1651) 291-8955 (65 I) 228-1753 facsimile Federal Tax ID #41 -0991098 Page: 1 04/30/2006 1114 SM BALANCE $1,887 .50 PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT, PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. ~00 50 East Fifth Street St. Paul, MN 55101-11 97 CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 FEES EXPENSES 11150-050006 DISCOVERY CROSSING OP DEVELOPMENT 209.00 0 .00 11150-990006 Carriage Homes Development 121.00 1. 61 330.00 1. 61 ACCOUNT NO . ADVANCES 0.00 0.00 0 .00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. (651) 291-8955 (65 I) 228-1753 facsimile Federal Tax ID #41 -0991098 Page: 1 04/30/2006 11150M BALANCE $209.00 $122.61 $331.61 PAYMENTS RECEIVED AFTER THE LAST DAV OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 PWERSQ\J. FRAMG BERGMAN CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 FEES 11155-040002 Lake Elmo v. Sessing 445 .50 11155-060002 J .P. BUSH HOMES V. CITY OF 40.50 486 .00 EXPENSES 0 .00 LAKE ELMO 0.00 0 .00 ACCOUNT NO . ADVANCES 0 .00 0.00 0.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. (651) 291-8955 (65 I) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 04/30/2006 11155M BALANCE $445 .50 $40.50 $486 .00 PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. _,,,/ /' Suite 300 50 East Fifth Street St. Paul. MN 55101-1197 FRAM&BERGMAN CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 11161-050003 Kleinvachter, Robert vehicle forfeiture 11161-060001 McAninich, Andrea vehicle forfeiture FEES EXPENSES Michael 81. 00 0.00 40 .50 0 .00 121.50 0.00 ACCOUNT NO . ADVANCES 0.00 0.00 0 .00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page : 1 04/30/2006 11161M BALANCE $81.00 $40 .50 $121 .50 PAYMENTS .RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. TKDA ENGINEERS• ARCHITECTS• PLANNERS MEMORANDUM To: Chuck Dillerud Copies To: Paul Danielson, P. E. From: Thomas D. Prew, P.E. Date: June 1, 2006 1500 Piper Jaffray Plaza - 444 Cedar Street Saint Paul, MN 55101-2140 (651 ) 292-4400 (651) 292-0083 Fax www.tkda.com Reference: Escrow Reduction #1 Rockpoint Church City of Lake Elmo, Minnesota Project No. 13593.000 -------------- Routing: I recommend that the escrow for this project reduced to the amounts listed below. Item Original Amount Remaining Amount Site Grading/ Turf Establishment $0.00 $0.00 Storm Sewer $53,900.00 $5,000.00 Drainfield (1/2 of cost) $261,800.00 $261,800.00 Watermain $115,700.00 $] 2,000.00 Streets $144,400.00 $144,400.00 Trails $24,000.00 $24,000.00 Street Signs $500.00 $500.00 Landscaping $206,000.00 $206,000.00 Subtotal $806,300.00 $653,700.00 125% Security $1,007,875.00 $817,125.00 City Administrative Fee 2.5% $20,157.50 Paid Construction Inspection $24,000.00 Paid An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TKDA ENGINEERS • ARCHITECTS • PLANNERS June 2, 2006 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: 2006 Crack Seal City of Lake Elmo, Minnesota TKDA Project No. 13593.000 Dear Mayor and City Council: 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Bids for the referenced project were received on May 31, 2006, with the following results. A complete Tabulation of Bids is enclosed for your information. Contractor L & M Services of Belgrade, Inc. American Pavement Services Bergman Companies AsTech Corp Engineer's Estimate Recommendation Base Bid $21,000 $24,600 $25,000 $26,200 $27,000 We recommend that you award the Contract to the lowest bidder, L & M Services of Belgrade, Inc., for their base bid of $21,000. Please do not hesitate to call me with any questions or comments you may have. Sincerely, Thomas D. Prew, P.E. Project Manager TDP:art Enclosure An Employee Ovmed Company Promoting Affirmative Action and Equal Opportunity TABULATION OF BIDS 2006 CRACK SEAL CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 13593.000 BIDS OPENED: MAY 31, 2006, AT 9:30 AM *DENOTES ERROR IN BIDDERS CALCULATION ITEM NO. DESCRIPTION ENGINEER'S ESTIMATE UNIT TOTAL QUANTITY UNIT PRICE AMOUNT L & M SERVICES OF BELGRADE, INC UNIT TOTAL PRICE AMOUNT TKDA ENGINEERS • ARCHITECTS • PLANNERS AMERICAN PAVEMENT SOLUTIONS UNIT TOTAL PRICE AMOUNT 2006 CRACK SEAL I-1 -MOBILIZATION 1 LS $ 2,000.00 $ 2,000.00 $ $ $ $ _ ---~] 2 ROUTE AND SEAL CRACKS OR SAW AN D SEAL STREET 20,000 LB $ 1.25 $ 25,000.00 $ 1.05 $ 21,000.00 $ 1.23 $ 24~600.00 ITOTAL BID AMOUNT I I I $ 27,000.00 I I I $ 21,000.00 I I ·n-24,600.00 -- BERGMAN COMPANIES ASTECH CORP ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT I I I I 1= -----··-•• 2006 CRACK SEAL --· 1 MOBILIZATION I 1 LS $ 200.00 I $ 200.00 I I $ 2,000.00 I $ 2,000.00 I I I $ -2-·-ROUTE AND SEAL CRACKS OR SAW AND SEAL STREET I 20,000 LB $ 1.24 I $ 24,B0o.oo I I $ 1.21 I $ 24,200.00 I I I $ - 1--1--·~---------h-25.000.00 I I 1$ 26.200.00 I I I $ --I TOTAL BID AMOUNT I - Page 1 CITY OF LAKE ELMO WASIIlNGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-050 A RESOLUTION AW ARD ING THE BID FOR THE 2006 CRACK SEAL PROJECT WHEREAS, pursuant to an advertisement for bids for the 2006 CRACK SEAL PROJECT were received, opened, and tabulated according to law, and the attached bids were received complying with the advertisement. AND WHEREAS, L&M SERVICES OF BELGRADE, INC. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with L&M Services of Belgrade, Inc. in the amount of $21,000.00, in the name of the City of Lake Elmo for the 2006 Crack Seal Project according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo City Council this 6th day of June, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator TKDA ENGINEERS • ARCHITECTS • PLANNERS June 2, 2006 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: 2006 Sealcoat City of Lake Elmo, Minnesota TKDA Project No. 13593.000 Dear Mayor and City Council: 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 551 01-2140 (651) 292-4400 (651) 292-0083 Fax www .t kda.com Bids for the referenced project were received on May 31, 2006, with the following results. A complete Tabulation of Bids is enclosed for your info1mation. Contractor Allied Blacktop Company Pearson Bros., Inc. AsTech Corp. Engineer's Estimate Recommendatio11 Base Bid $112,410 $114,840 $144,650 $120,900 We recommend that you award the Contract to the lowest bidder, Allied Blacktop, Inc., for their base bid of $112,410 . Please do not hesitate to call me with any questions or comments you may have. Sincerely, Thomas D. Prew, P.E. Project Manager TDP:art Enclosure An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TABULATION OF BIDS 2006 SEALCOAT TKn~ A CITY OF LAKE ELMO, MINNESOTA ~ TKDA PROJECT NO. 13593.000 ENGINEERS • ARCHITECTS • PLANNERS BIDS OPENED: MAY 31, 2006, AT 9:30 AM *DENOTES ERROR IN BIDDERS CALCULATION ALLIED BLACKTOP COMPANY PEARSON BROTHERS INC ENGINEER'S ESTIMATE ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 2006 SEALCOAT 1 MOBILIZATION 1 LS $ 5,000.00 $ 5,000.00 $ 1,500.00 $ 1,500.00 $ -$-----:: - 2 FA-2 1/8 TRAP ROCK SEALCOAT AGGREGATE 1,230 TN $ 50.00 $ 61 ,500.00 $ 47.00 $ 57,810.00 $ 45.00 $ 55,350.00 3 CRS-2 BITUMINOUS FOR SEALCOAT 26,000 GAL $ 1.90 $ 49,400.00 $ 1.85 $ 48,100.00 $ 1.79 $ 46,540.00- 4 MASK STRIPES ON 30TH STREET 1 LS $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 12,950.00-$ 12,950.00 TOTAL BID AMOUNT $ 120,900.00 . $ 112,410.00 -$114,840.00 I ASTECH CORP ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT --. 2006 SEALCOAT . -1-MOBILIZATION -------------l-----1:-+-:L-::S:-+-:::$--,-,1 o::-,0::-:0::-::0c-:.O::-::O:-+-:$:---c-1 o=-,-=-00=-=o:-c.o::-::oc+--+-------t-------t---t-------+------t--1 2 FA-2 1/8 TRAP ROCK SEALCOAT AGGREGATE 1,230 TN $ 55.00 $ 67,650.00 ____ _ 3 CRS-2 BITUMINOUS FOR SEALCOAT 26,000 GAL $ 2.00 $ 52,000.00 _ 4 MASK STRIPES ON 30TH STREET 1 LS $ 15,000.00 $ 15,000.00 --TOTAL BID AMOUNT $ 144,650.00 $ -$ - Page 1 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-051 A RESOLUTION AW ARD ING THE BID FOR THE 2006 SEAL COAT PROJECT WHEREAS, pursuant to an advertisement for bids for the 2006 SEAL COAT PROJECT were received, opened, and tabulated according to law, and the attached bids were received complying with the advertisement. AND WHEREAS, ALLIED BLACKTOP COMP ANY is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Allied Blacktop Company in the amount of $112,410.00, in the name of the City of Lake Elmo for the 2006 Seal Coat Project according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo City Council this 6th day of June, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator -- Lake Elmo Agenda Section: MAINTENANCE/PARK/FIRE/BUILDING No 7A(l). City Council June 6, 2006 Agenda Item: PARKS DEPARTMENT -Reserving Neighborhood Parks Background Information for June 6, 2006 The City Council requested the Parks Commission review the policy for reserving parks for organized activities. The City Planner indicated that parking is a major issue and the functional classification of parks helps to direct use. Mike Bouthilet provided a staff memo with his comments for those parks that should be reserved. The Parks Commission recommended that all parks listed in Tier I (DeMontreville, Lions, Pebble, Reid, Tablyn and VFW) and Tier II (Kleis, Ridge, and Stonegate) on Mike Bouthilet's memo dated May 10, 2006 be reservable for organized activities. Person res~onsible: Action Items: M.Bouthilet/M.Raffe1iy Motion Second , to adopt the Policy for Reserving Neighborhood Parks as reconunended by the Parks C01ru11ission and per memo of Mike Bouthilet dated May 10, 2006. Attaclunents: May 15, 2006 Parks Conunission Minutes Mike Bouthilet's memo dated May 10, 2006 EXCERPT DRAFT City of Lake Elmo PARKS COMMISSION MEETING Minutes of May 15, 2006 Chairman Schumacher called to order the meeting of the Lake Elmo Parks Commission at 7:02 p.m. COMMISSIONERS PRESENT: Larson, Steele, Blackford, Watters, and Heroff (7:08 p.m.). STAFF PRESENT: Administrator Rafferty, Planner Dillerud, Maintenance Worker Gustafson, and Recording Secretary Anez. ALSO PRESENT: Councilmember Smith, Former Councilmember Susan Dunn, and Carriage Station Resident Jennifer McCormick. 3. Reserving Neighborhood Parks The City Planner explained that the City Council requested the Parks Commission review policy for reserving parks for organized activities. He said Tana Ridge was reserved even though no policy exists for those reservations, and the neighborhood raised objections. Organized activities bring external activity to the neighborhood, and some neighborhood parks have tremendous demand for ball and soccer fields. The Planner said that parking is a major issue and the functional classification of parks helps to direct use. Superintendent Bouthilet provided a staff memo with his recommendations for those parks that should be reserved, could be reserved, and should never be reserved for organized activities. M/S/P, Heroff/Schumacher to recommend that all parks listed in Tier I (DeMontreville, Lions, Pebble, Reid, Tablyn, and VFW) and Tier II (Kleis, Ridge, and Stonegate) of the superintendent's memo dated May 10, 2006, be reservable for organized activities. Vote: 6:0. Memo To: Parks Commission From: Michael Bouthilet Date: May 10, 2006 Re: Park Reservations Cify of 'Lake Elmo : The City Council has tasked the Parks Commission with identifying the parks the staff will reserve. Listed below are the parks that I recommend we continue to reserve, parks that need consideration, and parks not suitable to reserving for groups. Parks to Reserve • Demontreville Park (parking lot) • Lions Park (parking lot, lighted ball field and tennis court) • Pebble Park (parking lot, lighted tennis) • Reid Park (parking lot) • Tablyn Park (parking lot) • VFW Park (parking lot and lighted ball field) Parks for Consideration (one team practices only) • Kleis Park (wide 32 foot road bordering two sides of park.) • Ridge Park (expanded shoulder at entrance to development.) • Stonegate Park (full size ball field, limited lot parking.) No Reservations • Carriage Station (limited street parking) • Demontreville Wildlife (nature area) • Heights Park (undeveloped) • Heritage Park (nature area) • Homestead Park (undeveloped) • Lake Jane Hills (nature area) • Sunfish Lake (nature area) • Tana Park (limited street parking) Lake Elmo City Council June 6, 2006 Agenda Section: Park Commission Agenda Item: Parks Commission/ Land Trust: Sunfish Lake Park Background Information: No. 7A (2). At the last meeting of the Parks Commission, Commissioner Blackford distributed a handout she said reiterated what we learned in a talk given by Ann Thies of the Minnesota Land Trust last year. She recommended placing Sw1fish Lake Park into a conservation easement with the land trust. She expressed concern about the county's keen interest in Sunfish. Chairman Schumacher suggested moving forward to protect Sunfish now. M/S/P, Blackford/Steele to recommend placing Sunfish Lake Park into the Minnesota Land Trust at this time because the City Council gave the Parks Commission the directive to look at the land trust as a protective tool at their April 12, 2005 Council Committee Meeting, and in light of development plans within the Lake Elmo Park Reserve Master Plan, because of discussions and concepts of a twmel underpass going through from Lake Elmo Park Reserve toward Sunfish Lake Park, and Jim Luger's comment on May 9, 2006 that the county wants Sunfish Lake Park. Vote: 5: 1, Nay: Watters-Conflicted because this action looks very reactionary. We have time to go through the process we are paying consultants $25,000 to perform. Commissioner Blackford then distributed a letter dated May 15, 2006, regarding protection of Sunfish Lake Park for submission to the City Council, and asked the Parks Commission to endorse all or part of that letter. Commissioner Blackford then distributed a letter dated May 15, 2006, regarding protection of Sunfish Lake Park for submission to the City Council, and asked the Parks Commission to endorse all or part of that letter. M/S/P, Blackford/Steele to endorse submission of Commissioner Blackford' s letter to the City Council but amending it to include only paragraphs one, two, and four -eliminating the third paragraph. The letter now reads as follows: May 15, 2006 Subject: Recommendation from the Lake Elmo Parks Commission to put Sunfish Lake Park into the Minnesota Land Trust Dear Lake Elmo Council Member, Sunfish Lake Park is the crownjewel of the Lake Elmo Park System, a symbol of the rural character Lake Elmo follows as a community concept. This is the City's birthplace, where the first family settled, where the assembly met that created the township we now know as the City of Lake Elmo. This park's rolling; glacial landscape is the same today as it was for the first settlers; a pristine oak forest with gentle ridges, separatinf{ ponds that showcase both landscape and a lush ·wildl{fe habitat. In the spirit of the City of Lake Elmo, having more environmentally-sensitive developments than any other community in Minnesota, it is only appropriate that Sunfish Lake Park be utilized to emphasize and preserve its impressive, natural features. Sunfish Lake Park is a strong draw for this community. The Minnesota Land Trust is the only avenue for retaining ownership that affords permanent protection of the land. An easement like the Land Trust works best where you can restrict uses and/or access routes that would be most destructive. Language like this is needed for Sun.fish Lake Park. The Minnesota Land Trust is well-known, valuable, and trusted in our City, and our City Planner is well versed in the agency, with more and more developers being encouraged to forever preserve open space from their cluster community concepts in the Minnesota Land Trust. Called to be advocates and stewards for the betterment of our community, we can be proud that our crown jewel, Sunfish Lake Park, will be enjoyed as a forever gift. We strongly support and recommend to the Lake Elmo City Council that Sunfish Lake Park be placed into the Minnesota Land Trust. Respectfully submitted, The Lake Elmo Parks Commission Vote: 5:1, Nay: Watters-For reasons previously stated. Action Items: Motion to accept the Park's Commission recommendation. Attachments: Person responsible: Martin Rafferty, City Administrator EXCERPT DRAFT City of Lake Elmo PARKS COMMISSION MEETING Minutes of May 15, 2006 Chairman Schumacher called to order the meeting of the Lake Elmo Parks Commission at 7:02 p.m. COMMISSIONERS PRESENT: Larson, Steele, Blackford, Watters, and Heroff (7:08 p.m.). STAFF PRESENT: Administrator Rafferty, Planner Dillerud, Maintenance Worker Gustafson, and Recording Secretary Anez. ALSO PRESENT: Councilmember Smith, Former Councilmember Susan Dunn, and Carriage Station Resident Jennifer McCormick. 6. Parks Survey Completion Commissioner Larson reported that surveys have been completed on all 17 parks. He said they followed the questionnaire. He presented the results of the parks walk- throughs, along with updated web descriptions of parks. He said the maps still need to be updated. 7. Land Trust: Sunfish Lake Park Commissioner Blackford distributed a handout she said reiterated what we learned in a talk given by Ann Thies of the Minnesota Land Trust last year. She recommended placing Sunfish Lake Park into a conservation easement with the land trust. She said she was concerned because minutes drafted by the Administrator at a Council Committee Meeting where concerns about Sunfish Lake Park were made by residents are inaccurate and because she is concerned about the county's keen interest in Sunfish. Administrator Rafferty said the county cannot take Sunfish Lake Park from us and suggested waiting for the Park Plan Update. Chairman Schumacher suggested moving forward to protect Sunfish now. M/S/P, Blackford/Steele to recommend placing Sunfish Lake Park into the Minnesota Land Trust at this time because the City Council gave the Parks Commission the directive to look at the land trust as a protective tool at their April 12, 2005 Council Committee Meeting, and in light of development plans within the Lake Elmo Park Reserve Master Plan, because of discussions and concepts of a tunnel underpass going through from Lake Elmo Park Reserve toward Sunfish Lake Park, and Jim Luger's comment on May 9, 2006 that the county wants Sunfish Lake Park. Vote: 5: 1, Nay: Watters-Conflicted because this action looks very reactionary. We have time to go through the process we are paying consultants $25,000 to perform. Commissioner Blackford then distributed a letter dated May 15, 2006, regarding protection of Sunfish Lake Park for submission to the City Council, and asked the Parks Commission to endorse all or part of that letter. M/S/P, Blackford/Steele to endorse submission of Commissioner Blackford's letter to the City Council but amending it to include only paragraphs one, two, and four - eliminating the third paragraph. The letter now reads as follows: May 15, 2006 Subject: EXCERPT DRAFT City of Lake Elmo PARKS COMMISSION MEETING Minutes of May 15, 2006 Recommendation from the Lake Elmo Parks Commission to put Sunfish Lake Park into the Minnesota Land Trust Dear Lake Elmo Council Member, Sunfish Lake Park is the crown jewel of the Lake Elmo Park System, a symbol of the rural character Lake Elmo follows as a community concept. This is the City's birthplace, where the first family settled, where the assembly met that created the township we now know as the City of Lake Elmo. This park's rolling, glacial landscape is the same today as it was for the first settlers; a pristine oak forest with gentle ridges, separating ponds that showcase both landscape and a lush wildlife habitat. In the spirit of the City of Lake Elmo, having more environmentally-sensitive developments than any other community in Minnesota, it is only appropriate that Sunfish Lake Park be utilized to emphasize and preserve its impressive, natural features. Sunfish Lake Park is a strong draw for this community. The Minnesota Land Trust is the only avenue for retaining ownership that affords pennanent protection of the land. An easement like the Land Trust works best where you can restrict uses and/or access routes that would be most destructive. Language like this is needed for Sunfish Lake Park. The Minnesota Land Trust is well-known, valuable, and trusted in our City, and our City Planner is well versed in the agency, with more and more developers being encouraged to forever preserve open space from their cluster community concepts in the Minnesota Land Trust. Called to be advocates and stewards for the betterment of our community, we can be proud that our crown jewel, Sunfish Lake Park, will be enjoyed as a forever gift. We strongly support and recommend to the Lake Elmo City Council that Sunfish Lake Park be placed into the Minnesota Land Trust. Respecifully submitted, The Lake Elmo Parks Commission Vote: 5:1, Nay: Watters-For reasons previously stated.