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May 02, 2006 CCP
Mayor:Dean Johnston Fake Elmo CityCouncil ( E Council members: 3800 Laverne Avenue No. E Rita Conlin V Lake Elmo, AINN 55042 Steve DeLapp TesaJ 777-5510 777-9615(fax) Liz Johnson Anne Smith May 2, 2006 I I r 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. I If you are aware of information that has not been discussed,please fill out a"Request to Appear Before the City Council form;or,if you came late,raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. .Agenda I City Council Meeting Convenes 7:00 PM Pledge of Allegiance E 1.Agenda 2. Minutes: April 18, 2006 3. PUBLIC INQUIRIES/INFORMATI®NAL• 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 jof 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 E the City Council and will be enacted by one motion under a Consent Calendar A. Resolution No.2006-039•Approving format. There will be no separate discussion of these items unless a Council member so requests,in which event,the item will be removed from the general Claims order of business and considered separately in its normal sequence on the B. Resolution No.2006-040:Approving Agenda Claim C. Partial Payment: Water System Interconnect Phase I V,Ellin.gson Drainage:Resolution No.2006-044 D. Partial Payment,Elevated Water Storage Tank No.2,CBI Tank Construction:Resolution No.2006-045 5. FINANCE: 6. NEW BUSINESS: 7. MA NTENANCE/PARJKIFIRE/BUILDING: A. Public Works: k (1)Vacuum Excavator i I r Lake Elmo City Council Agenda May 2,2006 ! Pa Qe 2 B. Parks Dept: (1) Tablyn and Lions Park Tennis Courts (2) VFW Electrical Service (3) Swing Set Tablyn Park C. Fire Department Update S. CITY ENGINEER'S REPORT: Tom Prew A.Trail Construction Update-verbal 9. PLANNING,LAND USE&ZONING: C. Dillerud A. Variance for 8009 Hill Trail,Jason Tacheny: Resolution.No.2006-041 B. Permission for Temporary Office Trailer -Lake Elmo Pines C.Zoning Ordinance Text Ameadment:PF District Performance Standards-Ordinance No. 97-168 D. Rockpoint Church—Section 520 Site Plan: Resolution No.2006-042,Resolution No. 2006-043 E. Outdoor Social Events; Ordinance No. 97-167 j F. Fences as Screening& Security:Ordinance No.97-169 i G. Review of Rural Residential Setbacks H. Restaurant Drive-Up Facilities in the GB r Zone 1. Metro Transit Park&Ride f 10. CITY ATTORNEY'S REPORT: I I II. CITY ADMMSTRATOR'S REPORT: M. , A- Village Master Plan-verbal j 12. CITY COUNCIL REPORTS: A. Mayor Johnston B. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith Environmental Meeting on City's Surface BOARD OF REVIEW:May 3,4-6 p.m. Water Pollution Prevention Plan, May 17 CLEAN UP DAY:June 3, 2006, 8 a.m. to Noon, Washington County Fairgrounds i DRAFT i i CITY OF LAKE ELMO CITY LOUNCIL MEETING APRIL 18, 2006 I. AGENDA 2.MINUTES:March 21,2006, City Council,April 4,2006, City Council, January 10, i 2006 and February 14,2006 Council Workshop Minutes 3. PUBLIC INQUIRIES/INFORMATIONAL: A. PUBLIC INQUIRIES: (1)John McPherson—Chair of West Lakeland Township (added) B. PUBLIC INFORMATIONAL: (1) Lake Elmo Jaycees—Charitable Gambling Licas: Resolution 2006-033 4. CONSENT AGENDA: ?< A. Resolution No. 2006-034: Approving Clauns� B. Monthly Operating Report 5. FINANCE: ° � A. Animal Control Contract B. Payment to Robert Engstrom Co parry(add , 6. NEW BUSINESS: 7. MAINTENANCE/PARKIFME/BUILDMCT- .. ` f A. Update on Building Dept Jim M�aara ' 8. CITY ENGINEER'S REPORT,�� A. Public Hearing: Tablyn Par eighbcl hood Street Construction Project: Resolution No. 2056 035 B. Approve Plans an�uthor ze ad far bid for Tablyn Park/Lake Elmo Heights Wale FLt�lution 2006-036 9.PLANNING,LA' USEZONG: �., ;, A. Final `at and Deve ment Agreement—Discover Crossing: Resolui 2006-03 . (1)Letter;-qf Cre t Reduction for Discover Crossing(added) B. OP Developm: t'k e Plan/Preliminary Plat and CUP—Hidden Meadows: Resolution 20 8 C. Zoning Ordinance Text Amendment—Outdoor Social.Events: Refer to Planning Commission D. Update on Met Council (added) 10. CITY ATTORNEY'S REPORT: A. Opinion on Drive-Up Facilities 11. CITY ADMINISTRATOR'S REPORT: i 12. CITY COUNCIL REPORTS: � Council adjourned at 10:50 pm 3 1 LAKE ELMO CITY COUNCIL MINUTES APRIL 18,2006 r f j_ 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, j STAFF PRESENT: Administrator Rafferty, City Planner Dillerud,Finance Director IBouthilet, City Engineer Prew,Attorney FMa,Recording Secretary Freeman.. f Pledge of Allegiance I 1. AGENDA: Additions: John McPherson, Chair of West L#keland Township (3A);Letter of Credit Reduction for Discover Crossing 9A(1);Payment to Robert Engstrom Company(5B); Update of Met Council (9D). M/S/P Johnson/Conlin—approved as amended. (Motion �4 passed 5-0) 2. MINUTES: M/S/P Johnson/Smith-approved March 21,2006, Council manut6s as amended with changes from DeLapp. (Motion passed 3-2: Johnson/Johnstt�n) WS/P Johnson/Johnston—approved April 4,2006, C nnell minutes as:j"ded j (Motion paXMI ssed 4-1:DeLapp) SiLtlffi f M/S/P Johnson/Conlin—approved January 10, 2006, Co" cil Workshop minutes. (Motion passed 4-0:1 DeLapp Abstained ou.P r10 to M/S/P Johnson/Smith—approved February ft 200::, 0 it Workshop minutes as amended by Conlin. (Motion passed S,�Q) '°����,� 3. PUBLIC INFORMATIONAL: A. Public Inquiries- John John McPherson, Chair of'West Lakeland Township,requested the City's support in ensuring the safe the grid waterunder the proposed the Fly Ash site in their f . d pollution are township' Traconcerns. Xcel is working with the PCA,which has no guidelines to foly. Six rrza rs and two townships have offered support. Resident Mark Busts, 881 St. Ct N., (Tablyn Park area)proposed a 96' cul-de-sac be landscaped for 42' dia .eter landscaped in the middle with a 27' wide street. He said it would possibly reduce City snowplowing and removal, and beautify the neighborhood. Three driveways already exist but the neighbors would be willing to maintain the landscaping; possibly have a decorative light installed. Since water is coming in,have a pipe added with neighbors maintaining the cul-de-sac. Mr.Busts asked if concrete curbs could also be installed in the newer section, as streets are wider. Resident Susan Dunn wanted to remind residents about the April 19, 2006, Open House at Lake Elmo Elementary regarding the Village Master Plan. Dramatic changes are proposed and residents should attend. f I 2 LAKE ELMO CITY COUNCIL MINUTES APRIL 18, 2006 I i. DRAFT i B. Resolution 2006-033. Charitable Gambling License tp Lake Elmo Jaycees The Lake Elmo Jaycees requested renewal of its lawful Gambling License. The Jaycees operate its lawful gambling at the Twin Point Tavern located at 11199 Stillwater Boulevard. M/S/P Smith/Conlin—to adopt Resolution 2006-033,a Resolution granting permission to the Lake Elmo Jaycees to conduct Charitable Gambling at the Twin Point Tavern. (Motion passed 5-0) 4. CONSENT AGENDA: A. Resolution No. 2006-034: Approving Claims M/S/P Johnson/Conlin—to adopt Resolution No.2006-034 approving Claim Numbers i 320, 321,DD695 through DD714,28949 through 28973,which wW used for staff payroll dated April 13,2006; claims 28974 through 29022,in the< 6�aJ amount of $108,482.29. (Motion passed 5-0) B. Monthly0perating Report: ,V`: M/S/P Johnson/Conlin—to aceept'the March 2006 M6,fithly Operating port. (Motion passed 5-0) %��F`" 5. FR ANCE: >' A. Animal Control Contract: Finance Director Bouthilet provided an Amml Coxl Services Proposal Comparison Schedule, summarizing the three bids received,atld tle rakes uoted. Two bids provided service call and on-call'quo Egg " Administrator Rafferty revie d the r x s th inance Director Bouthilet for on demand vs.patrol ser svices. N1 Pelnar had nit changed her rates from 2005. Rick ,: Ruzicka,ACSI,talked,, ��Cou 1 about proactive service and enforcement of licensing ordinances , - W . Discussion aroun&&s and the Qed to look at our ordinances. M/S/P Conlin/Smith—tc'< Cki the Animal Control Contract to ACSI for the remainder IF of 2006. Council directed to discuss the cat control ordinance at the May 9,2006, Council Workshop. (Motion passed 5-0) B. Payment to Robert Engstrom Company Council Member DeLapp requested that Robert Engstrom Companies provide the City a list of expenses to date,plus any additional charges. Discussion centered around contract and if charges had been submitted to date. Administrator Rafferty has met with the developer and discussed the work scope and costs. Proposals for ongoing work and justifications of changes have been discussed. M/S/F Smith/DeLapp—to direct Staff to meet with the team hired and discuss current contract. (Motion Failed 2 3: Conlin,Johnston,Johnson) 3 LAKE ELMO CITY COUNCIL MINUTES APRI L 18,2006 I� ! DRAFT 6. NEW BUSINESS: None 7.MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Building Dept.: Jim McNamara Building Official McNamara updated Staff that Washington County Park Reserve had been issued a permit for a new Picnic Shelter and Restroom area. The Building Dept. continues to remove illegal signs. He stated,again,that portable basketball hoops are illegally being placed in the street, which is illegal and very dangerous to children. B. Fire Dept.Updates: Chief Malmquist None 8. CITY ENGINEER'S REPORT: A. Resolution 2006-035: Resolution Ordering lmeiht.and Pre aration of Plans for the 2006 Street Repairs—Tablyn Park Neia�od. City Engineer Prew summarized the Feasibility Repoor the 2006 S�ott;Repairs— Tablyn Park Neighborhood. He would like to proceed as follows: May 12-open bids; May 16-award bid; July 2006-start work;August 200' cgrplete. Mayor Johnston opened the Public Daniel Novak, 8520 Ironwood Trail N.,had" cetns a "ut the cost;road width; assessment repayment,water an4g,60`construct on;corner lots;bituminous vs_ cement curb and height;underground, Tctncity City Engineer Prew responded tkaat �st wotil°5e divided equally between the 63 build- able lots with assessrpts of� ,zoning with an assessment cost$1309. Road . widths will rem road resurfacing will be done simultaneous_ Owners of corned lots will decide whexe to place the curb,but cannot change the water flow. Bids will beer,bituminor curbing only,but can be changed to include concrete. Prew will contact XcelnergyFabout the possibility and cost of installing underground electricity. Another Pu�l0:::: ring would be required if underground electricity were to be installed. Administrator Rafferty suggested petitioning the neighborhood supporting this action. Mark Busta thought the assessment amount was fair. Mayor Johnson closed the Public Hearing Closed at 8:48 p.m. M/S/P Johnson/Smith-to amend Resolution 2006-035, a Resolution Ordering Improvement and Preparation of Plans for the Tablyn Park Neighborhood,and to include an alternate bid for two landscaped islands. (Motion passed 5-0) 4 LAKE ELMO CITY COUNCIL MINUTES APRIL 18, 2006 i DRAFT M/S/P Johnson/Conlin—to direct staff to inquire in regards to costs of burying electrical i utilities. (Motion passes 5-0) B. Resolution 2006-036: Approve Plans and Authorize Advertisement for Bids Tablyn Park/Lake Elmo Heights Watermain Project In his letter dated April 13,2006,the City Engineer reported that Plans and Specifications are complete on the Tablyn Park/Lake Elmo Heights Watermain Project. This project will provide water for over 200 residences in an area of the City that has many contaminated wells with PFOA and PFOS. Following water service installation, each i residential well will be sealed. M/S/P Johnson/Conlin—to adopt Resolution 2006-036, approving Plans and Authorizing the Advertisement for Bids for Tablyn Parkl/Lake Elmo Heights Wgg ermain Project. (Motion passed 5-0) 011, .�. 9. PLAN N-INI G, LAND USE &ZONING: A. Final Plat&Development Agreement—Disc&6r Crosse Resolution 2006-037. •• The City Planner recommended approval of Final,fit and Development Agreement. He noted there are several outlots, three of which are going to:,'be converted into lots after approved City-wide zoning changes responsive to the ,Comprehensive Plan. M/S/P Conlin/Johnson-to adopt Resoiutio0 » pprtng the Final Plat, OP Final Plat and Development Agreement for Discov ,,Cr 'sirt; vith the change in condition No. 1: Compliance with the recorinWNdation of the City Forester as determined by the City Planner. (Motion passed�5�) iij ��,. A(1). Discover Cross ever of Cat Reduction: City Planner reeomrhe Lei:`:'r of Credit for Discover Crossing be reduced from $11811,325.00 to $; ti `6;075ta ixnmended by the City Engineer. ,i M/S/P Johnson/De� p—to approve the Escrow reduction for Discover Crossing fi om $1,811,325.00 to $1; 075.O;f} >'(Motion passed 5-0) „ ` , B. OP DevelopmeStage Plan/Preliminary Plat and CUP -Hidden Meadows: Resolution 2006-038 The City Planner presented the 68-acre OP portion of Hidden Meadows. He reported that the Planning Commission Staff Report and Public Hearing brought out several concerns about several infrastructure design issues and the screening plan along the east property line. He noted that the property abuts land that is eligible to be developed as an OP; therefore,the 200' buffer can be reduced to 100' if the developer proposes a landscape replacement buffer on a year-round basis. The Planning Commission recommends the developer's proposed landscape plan as sufficient to meet the intent of the OP ordinance. Ms_ Joan Ziertman questioned the setback requirements for the proposed trail, and noted that the drainfield proposed is 50' from their property line. The Ziertrnans expressed 5 LAKE ELMO CITY COUNCIL MINUTES APRIL, 18,2006 DRAFT 1 concerns about the health, safety and welfare if the septic system were to fail. They are requesting more than a 60' setback. City Planner Dillerud and City Attorney Filla stated that trails are not structures and, therefore,may be located within the OP buffer area The City Planner also suggested that the trail could easily be moved,and he thought the developer would agree to that. Ms. Ziertman said she would like to know how the size of the proposed septic treatment wetland compared to the Fields T development. The City Engineer said that he will provide that information to them. Paul Danielson,the Developer's engineer, confirmed that the alternatelbackup drainfield site is north of the church and is a constructed wetland. x �3 s> Ms. Ziertman stated that she would like to see screening provided a their property line, buffering them the project. City Planner Dillerud stated the Final Landscape Plan would be submitted later along with the Final Plat. Ms.Ziertman asked why the trail couldn't be put on \� second drainfI ;site and to the { east site line,within thel5'-20' watermain easemegrantea. the City by the developer. Mr. Danielson agreed that language could be addinggh tra� t to the watermain easement3311 M/S/P Johnson/Conlin-to adopt Resolutio0 ": apprting the OP Development Stage Plan/OP Conditional Use Permit and Prelim7:= `10 for Hidden Meadows of ,.,�.. n Lake Elmo per plans staff dated3,200 ilil0fith the addition of the following: 1) Compliance with the reco �ndatians/requ ' ents of the City Engineer; 2) Compliance with the reccMendat Qa frecluirMents of the Valley Branch Watershed District as found to be appr er;3)Trail setback to the Ziertman property be increased arkeenin be considered in the Landscape Plan;4) Confirm drainfield setback rs to be 100' feetom property line; 5)Provide size and delineation of the alternate draii fiield; 6) Secox:dary drainfield have the appropriate easement for trail use; 7) A trail eas" t be added to the proposed watermain easement. (Motion passed 5-0) �"` C. Zoning Ordinance Text Amendment—Outdoor Social Events: Several Council Members questioned the need to reduce the maximum person count and the need for additional required conditions regarding traffic,parking, hours, and liquor. City Planner Dillerud recommended referring the proposed ordinance back to the Planning Commission to further consider those matters. He noted that some of those concerns were best addressed case-by-case with a formal CUP application, and that this was a City-wide ordinance under consideration,not a specific applications by a property owner. Resident Carol Pahnquist stated that she wanted to clarify the number of people and vehicles that would be allowed. She said her staff would control loud music, security and safety; and that two hundred people or less would be attending events on her property. 6 LAKE ELMO CITY COUNCIL MIN=S_ APRIL 18, 2006 DRAFT M/S/P Johnson/Conlin—to refer the draft Outdoor Social Events in the AG District back to the Planning Commission with direction to consider and make recommendations regarding the issues raised at the April 11 Council Workshop, and to include the bullet for traffic impact analysis. (Motion passed 5-0) D. Update on Met Council Meeting Council Member DeLapp stated that he would like to have a parallel plan regarding addressing the authority of the Met Council to mandate local plans; an approved process to bring the matter to the Legislature,and the Lake Elmo Council be part of it. He said he wants to see the City get back where we were previously with the Comprehensive Plan. He noted that he would be willing to pursue these matters alone if the City Council is not interested in participating. , Council Member Conlin asked him what is being asked, and*omit a proposal. Council Member DeLapp left the table at 10:28 p.m. M/S/P Johnston/Johnson-to table to the next C meeti ' with a written proposal to discuss. (Motion passed 4-0: DeLapp Absent) 10. CITY ATTORNEY'S REPORT: Attorney Filla provided a legal opinion to C uncl: r gaxdmg` rive-In,Drive-Up and Drive-Through Facilities. He said that his r6 b.mNii:E a 'n is for the City Council to ,. determine what the concerns areral to th`"' ` t food industry prior to amending current or adopting new regulations , \` \ Business owner Ed Gorman e Ci ouncil regarding his need and arguments for zoning ordinance author,tv a drive-up window at his restaurant facility including menu boardand i " crcom AL M/S/P Johnson/Smaith. to bringe Planning Commission's recommendation regarding m . the proposed zoning'er finance amendment for drive-up windows at restaurants back to the next Council me on passed 4-0: DeLapp Absent) 11. CITY ADMINISTR4TOR'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. 7 LAKE ELMO CITY COUNCIL MINUTES APRIL 18, 2006 DRAFT 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 a Council Meeting. Attorney Filla said unless a Rule of Conduct is adopted,there is no course of action. Council Member Johnson congratulated the Lake Elmo Jaycees on a wonderful and successful Cadillac Dinner Monday night. Council Meeting ended at 10:50 p.m. .......... Respectfully submitted by Carole Freeman,Recording Secr Resolution No. 2006-033: Charitable Gambling Licens-&..,,,.. Resolution No. 2006-034: Claims 6 Resolution No. 2006-035: Tablyn Park Neighborb.iz---d"**stret-,.t"��.,C Project roject Resolution No. 2006-036: Authorize ad forbid fo..f iTWy ark/Lake Elmo Heights Watermain Project Resolution No.2006-037: Final Plat&I)Oft; entANbment-Discover Crossing Resolution No. 2006-03)8: OP Develop ::an/Prary Plat& CUP-Hidden Meadows 8 LAKE ELMO CITY COUNCIL MINUTES APRIL 18,2006 DRAFT LAKE ELMO CITY COUNCIL WORKSHOP MINUTES APRIL 18, 2006 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 1 APPROVED MINUTES: April 18, 2006 Li1K.i_; 1.. LMO CITY COUNCIL MINUTES APRIL 4, 2006 1. AGENDA 2. MINUTES: March 21,2006 3. PUBLIC INQUIRIES/INFORMATIONAL: A. PUBLIC INFORMATIONAL (1) Water Ski Show-Joe Kiesling (2) Arbor Day Proclamation B. Public Inquiries 4.. CONSENT AGENDA: 5. FINANCE: 6. NEW BUSINESS: A. Request from West Lakeland for financial support to ensure the protection of ground water. 7. MAINTENAN CE/PARKIFIRE/BUILDTNG: 8. CITY ENGINEER'S REPORT: A. Update on Chris Riley Construction-verbal 9. PLANNING, LAND USE&ZONING: A. Septic Drain Field Setback Variance—7949 Hill Trail (Scharrer) B. Reconsideration—Variances—Haire (9160 Hill Trail) C. CDBG Project Update—Cimarron Gas Line Replacement 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Carriage Station Park Improvements—verbal B. April 19th Presentation of Village Area Master Plan, Lake Elmo Elementary School-verbal 12, CITY COUNCIL REPORTS: 13. CLOSED SESSION to discuss the performance review for the City Administrator Mayor Johnston called the meeting to order at 7:00 p.m.in the City Council Chambers. PRESENT: Conlin, Smith,Johnston,DeLapp, City Engineer Prew, City Attorney Filla, Finance Director Tom Bouthilet and City Administrator Rafferty. ABSENT: Johnson- 1. .AGENDA 8. Resolution presented, 12E.City Council Reports: Emergency Sirens, Status of Sunfish Park, 9D. Letter to editor from Council member DeLapp. M/S/P Smith/Conlin-to approve the April 4, 2006 City Council agenda;as amended. (Motion passed 4-0) 2. MINUTES: March 21,2006 The Council had discussion on minute structure. M/S/P Smith/DeLapp-to table the March 21,2006 City Council Minutes. (Motion passed 3-I:Conlin asked Council to send corrections to staffprior to meeting)_ LAKE ELMO CITY COUNCIL MINUTES APRIL 4, 2006 1 v 3. PUBLIC INOUDUES/INFORMATIONAL: A. PUBLIC INFORMATIONAL (1) Water gki Show-Joe Kieslin� Joe Riesling,Tri-Lakes Assoc.,is requesting Council approval of a Water Surface Use permit for the Annual Water Ski Show on Lake Jane,August 12,2006. Mr. Kiesling is request a waiver from surface water rules for the day of this event and a"No Parking" permit to park from Jamaca Avenue to Jane Road North. M/S/P Conli_n/DeLapp-to approve the permit request of Joe Kiesling,on behalf of the Tri-Lakes Association,to hold a Water Ski Show on Lake Jane,August 12,2005, based on the submittal of the appropriate information and on past favorable requests. (Motion passed 4-0). (2) Arbor Day Proclamation MAYOR JOHNSTON PROCLAIMED APRIL 28, 2006 TO BE ARBOR DAY AND THE MONTH OF MAY, 2006 TO BE ARBOR MONTH IN THE CITY M/S/P DeLapp/Conlin-to approve the Arbor Day Proclamation and ask staff to come back with options for what the City can do. (Motion passed 4-0.) B. Public Inquiries Geoff Laramy, 9404 Lake Jane Trail N., submitted a petition for installation of a stop sign at the intersection of Lake Jane Trail and Jane Road North. M/S/P DeLapp/Smith-to refer this petition to the City Engineer and request placement of the moveable speed sign in the interim to that area. (Motion passed 4-0.) Mr.Laramy noted a violation of the code by his neighbor in having more than three dogs at his residence. The Animal Control Officer has checked with the owners and was told the dogs are just visiting. He said if that is the case then they are visiting 24/7. 4. CONSENT AGENDA: A. Resolution No. 2006-031:Approving Claims M/S/P DeLapp/Smith-to adopt Resolution No. 2006-031 Approving Claim Numbers 317,318,DD682 through DD694,28901 through28907,which were used for Staff Payroll dated March 30,2006; claims 319,28908 through 28948, in the total amount of $493,366.20. (Motion passed 4-0). 5. FINANCE: LAKE ELMO CITY COUNCIL MINUTES APRIL 4, 2006 2 - s 6. NEW BUSINESS: A. Request from West Lakeland for financial support to ensure the protection of ground water as it relates to a proposed fly ash dump to be developed. The City received a letter from John McPherson, Chair, Board of Supervisors for West Lakeland Township,regarding the XCEL Fly Ash Repository in the St. Croix Valley. Mr. McPherson is asking for the financial support of Lake Elmo in an initial amount of $1,500 to be added to a"fly ash fund"that can be used in various ways. M/S/P Johnston/Smith—to direct the staff to send a letter expressing Council support,but before the City makes a financial donation,they would invite Mr.McPherson to a meeting where he would provide an action plan,budget and the desired result. (Motion passed 3-1:Conlin stated she was prepared to authorize the financial support tonight based on her experience with fighting the Lake Elmo Park Dump siting; the amount requested is a pittance and these types of campaigns evolve over time making it difficult to provide advance plans and outcomes.) 7. MAINTENANCE/PARK/FIRE/BUILDING: 8. CITY ENGINEER'S REPORT: A. Update on Chris Riley Construction verbal Attorney John Miller provided a Resolution authorizing the City to execute a Takeover Agreement between the City of Lake Elmo,Travelers Insurance and Riley Brothers Construction for both Phase I and Phase III of the City's Water System Interconnect Project. Travelers Insurance has determined that Brothers Construction is financially able to complete a project as is their insuring agency. All previously penalties assessed for phase 1 have been incorporated in the agreement. M/S/P DeLapp/Johnston—to adopt Resolution No. 2006-032 regarding the construction of certain items related to the City's Water Interconnect Project Phase I and Phase H. (Motion passed 4-0). 9. PLANNING LAND USE & ZONING: A. Septic Drain Field Setback Variance—7949 Hill Trail(Scharrer) At its March 21"meeting the City Council directed staff to prepare a Resolution of Denial for this variance application. A draft of a Denial Resolution including Find based on the City Council discussion of the application at the March 21 meeting. was provided for Council review. M/S/P Johnston/Conlin-to adopt Resolution No. 2006-028,A Resolution Denying the application of Jeff and Robin Scharrer, 7949 Hill Trail North, to locate a septic drain field 15 feet from a structure where Section 700 of the City Code requires a 20 foot drain field setback from structures. (Motion passed 3-1:Smith said there was discussion at the March 6th meeting on mound system versus in ground systems and she didn't know much about them, and has concerns on mounds system.based on reasons stated by the City Planner that a mound system has more of a propensity to freeze up and there is an esthetic reason particularly if it is in the front yard.). LAKE ELMO CITY COUNCIL MINUTES APRIL 4,2006 3 B. Reconsideration—Variances—Haire (8160 Hill Trail) At its March 21, 2006 meeting the City Council directed that this matter be placed on the April 4, 2006 City Council agenda for reconsideration. On March 6,the Council adopted a resolution denying the variances (lot area and OHW setback). Due to the change of meeting night, a Monday rather than Tuesday,the applicants were not in attendance at the Council meeting. The applicants requested, and the Council approved,to open the matter for reconsideration. The burden is on the applicant to show a hardship. Kevin and Gena Haire provided the Council a letter,dated March 29, 2006,to correct false information in the City Planner's report from the March 21 st Council meeting. A power point presentation was made by Todd Ganz,Merit Custom Homes, of pictures of homes built along Hill Trail North to show the size of the proposed house is not out of scale or character for the neighborhood and noted that other houses have been granted variances without concern for bedrooms. M/S/P DeLapp/Smith—to uphold the previous Council action in adopting Resolution No. 2006-024, A Resolution Denying Zoning Variances for Kevin and Gena Haire at 8160 Hill Trail North. (Motion passed 3-1:Conlin stated the applicant stated their case well and showed that the house is not out of scale for the neighborhood and place reasonable findings could be placed that the septic system could stay sized for 3 bedrooms.) C. CDBG Project Update—Cimarron Gas Line Replacement The Planner reported that the city's CDBG consultant identified a good number of Cimarron units were qualified for grant assistance; a Request for Proposals was prepared and sent to 15 plumbing fzrms. There were no written proposals returned. Additionally, that city staff has been advised that the County CDBG that HUD rules have been modified which and a new Davis Bacon Wage determination had to occur before further vendor solicitation would proceed. Staff also reported that there has been no indication from the County CDBG staff that there is any issue with timing of grant funds expenditures. D. Letter from Steve DeLapp: Council member DeLapp provided a copy of a letter he wrote to the Editor to rebut what Peter Bell, Chairman of the Metropolitan Council, had said about an article by Pioneer Press Assistant Editor Mark Yost. The consensus of the council was they did not want to take official action on this letter because this belongs as a personal response from Steve DeLapp. 10. CITY ATTORNEY'S REPORT: LAKE ELMO CITY COUNCIL MINUTES APRIL 4, 2006 4 11. CITY AI1MI1gSTRATOR'S REPORT: A. Carriage Station.Park Improvements—verbal The City Administrator reported the City is in the final stages of drafting the agreement in terms of the legal description of the property itself. TKDA drew a generalized plan for park improvement pieces which was shared with neighborhood reps and are in process of advising what type of improvements and equipment would fit in the area and a recommendation will be sent to the Parks Commission. There was some discussion on possible miscommunication on the allocation of monies to upgrade the play structure versus taking money out of this allocation for the trail around the park. B. April 19"'Presentation of Village Area Master Plan, Lake Elmo Elementary School-verbal There will be a meeting on the Village Area Master Plan on Wednesday,April 19t', at the Lake Elmo Elementary School. The formal presentation will begin at 6:30 p.m. with informal questions/answers at 7:30 p.m. 12. CITY COUNCIL REPORTS: Mayor Johnston reported that RCFA is celebrating their fourth anniversary at the Lake Elmo site, Saturday,May 6 h. M/S/P Conlin/Smith—to approve the Mayor sending out invitations to the surrounding communities and the Met Council Chair and that the City makes a donation of$200 for refreshments for this event. (Motion passed 4-0). John Schultz,Lake Elmo Inn, is the first recipient of the Restaurateur of the Year and is featured in the April issue of Stillwater Living. Council member DeLapp reported he visited section 42 housing in Oakdale, ages 59 and up, 90 flats, at$800/month for a one bedroom. This information should be gathered for the Old Village. Council member Smith asked for an update on emergency sirens. The City Administrator said they are working with two vendors to determine if we have to go out for bid, right size for each location, and how to finance the sirens. Council member Smith asked for an update on the Land Trust in Sunfish Park. The City Administrator reported the Parks Commission is working on this as a part of the review of all the parks in order to protect the parks. Council member Smith asked if the setbacks in Rural Residential Zoning can match the setbacks in the Residential Estates Zoning. The Council sent this item to the April 11 ' workshop. LAKE ELMO CITY COUNCIL MINUTES APRIL 4,2006 5 I i The Council adiourn the meeting at 9:55 p.m. and convened the CLOSED SESSION to discuss the performance review for the City Administrator ----------------------- Respectfully submitted by Sharon Lumby, City Clerk Resolution No. 2006-028 Denial of Septic Drain Field Setback Variance, 7949 Dill Trail, Scharrer Resolution No. 2006-031 Approve Claims Resolution No. 2006-032 City's Water Interconnect Project Phase I and Phase 11 LAKE ELMO CITY COUNCIL MINUTES APRIL 4,2006 6 MINUTES APPROVED AS AMENDED APRIL. 18,2006 CITY OF LAKE ELMO CITY COUNCIL MEETING MARCH 21, 2006 1. AGENDA 2. MINUTES:March 6, 2006 3.PUBLIC INQUIRIES/INFORMATIONAL: A. Pth4LIC INQUIRIES: B. PUBLIC INFORMATIONAL: (1) Ginny Holder-Ramsey/Washington Cable Commission Representative 4. CONSENT AGENDA: A. Resolution No. 2006-026: Approving Claims B. Minutes and Structure C. Monthly Operating Report 5. FINANCE: A. Annual Audit 6. NEW BUSINESS: 7.MAINTENANCB/PARK/FUtE/BUILDING: A. Update on Building Dept.: Jim McNamara B. New Recruits: Matt Mazzara and Kristine Johnson to be placed on probation. Rick Myran to be moved from probation to firefighter status. 8. CITY ENGINEER'S REPORT: A. Water System Interconnect Phase IV:Award contract to Ellingson Drainage Resolution No.2006-027 B. Receive Feasibility Report for 2006 Overlay-Tablyn Park Neighborhood: Resolution 2006-029 9. PLANNING,LAND USE&ZONING: A. Request for Reconsideration: Haire Variance (8160 Hill Trail.) B. Septic Systems Setback Variance and Request of Waiver of Fees: 7949 Hill Trail(Scharrer)Resolution 2006-028—NOT ADOPTED C. Zoning.Ordinance/City Code Amendments: Home Occupations D_ Zoning Text Amendment—CUP in AB Zone for Outdoor Social Events: Ordinance No. 97-167—NOT ADOPTED E. Amend GB Zoning District Text Restaurant Drive-Up Facilities: Ordinance No. 97-168—NOT ADOPTED F. Village Area Master Plan Recommendation—Next Step G. Zoning Ordinance 10. CITY ATTORNEY'S REPORT: I L CITY ADMINISTRATOR'S REPORT: A. Update on RFP for Animal Control -verbal 12. CITY COUNCIL REPORTS: I I Lake Elmo City Council Minutes March 21,2006 1 MINUTES APPROVED AS AMENDED APRIL 18,2006 Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council Chambers. COUNCIL MEMBERS PRESENT: Conlin, DeLapp, Johnson, and Smith, STAFF PRESENT: Administrator Rafferty, City Planner Dillerud, Finance Director Bouthilet, City Engineer Prew, Attorney Miller, Recording Secretary Freeman. Pledge of Allegiance 1. AGENDA: The City Administrator asked to add 8C-Chris Riley Utilities, Inc.performance; change 4B Minutes and Structure to 6A; Fire Chief asked to move Fire Dept. Updates 7B to 3A. M/S/P Johnson/Conlin-to approve the Agenda as amended. (Motion passed 5-0) 2. NHNUTES: M/S/P Johnson/Conlin—to approve the Minutes of March 6, 2006, as amended. (Motion passed 4-0-1: Conlin Abstained-did not attend meeting) 3. PUBLIC INFORMATIONAL: A. Public Inquiries: Resident Jim McLeod, 11580 30t" Street, who is building a home and accessory building, questioned the City standard for copper water pipe for service leads versus high density plastic pipe. City Planner Dillerud indicated he would investigate whether City standards could be changed to allow modern high density plastic pipes for residential water service leads. Mr.McLeod also questioned the standard for exterior lighting that precludes carriage style lighting. M/S/P Johnson/Conlin-to direct the Planning Commission to evaluate high-glare motion detector lights. (Motion passed 3-2: DeLapp and Smith would like to wait until the Old Village design study is completed.) B. Ginny Holder—Ramsey/Washington Cable Commission Rep. Ginny Holder indicated that the Cable Commission gave the City$29,000 plus to help provide a new cable system. A $50,000 Grant is available for the new City Hall cabling, with$35,000 available immediately. The new Public Works building will have Inet capability. 4. CONSENT AGENDA: A. Resolution No. 2006-026: Approving Claims M/S/P Smith/Johnson--to adopt Resolution No. 2006-026 approving Claim Numbers 315, 316,DD664 through DD681,28819 through 28850, which were used for staff payroll dated March 16, 2006; claims 28851 through 28900, in the total amount of $272,067.69. (Motion passed 5-0) B. Minutes and Structure: - (moved to New Business 6A) City Clerk Lumby presented research about minute structure for the City Council and Commissions from the LMC and the City Attorney. Lake Elmo City Council Minutes March 21,2006 z MINUTES APMOVED AS AMENDED APRIL 18,2006 M/S/P JohnsonlConlin-to approve the amended Minutes and Structure documentation process as presented to record all City Council and Commission meetings_ (Motion passed 4-1: DeLapp-wants history behind rationale on split decisions from Commissions in addition to comprehensive Findings of Fact.) C. Monthly Operating_Report: M/S/P Johnson/Conlin—to accept the February 2006 Monthly Operating Report. (Motion passed 5-0) 5. FINANCE: A. Annual Audit: Steve McDonald from Abdo,Eick&Meyers presented the audit,which was in compliance with accounting records. M/S/P Conlin/Johnson.—to accept the 2005 Annual Financial Report by Abdo,Eick& Meyers. (Motion 5-0) 6. NEW BUSINESS: See Consent Agenda 4B 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Building Dent.: Jim McNamara The Building Official reported on the operation of the car wash at the Marathon gas station located at Hwy. 5 and Manning Avenue. Reclamation-type recycling system car wash using four—500 gallons, filtered and back into use. Meyer Sanitation pumps quarterly with filters cleaned/emptied Building Official McNamara recognized Karl Horning receiving Full Certification as a Building Official. State of MN currently utilizes 2000 ICC and they are updated every 3 years. Revisions of ICC 2003 were never completed by State of MN. ICC 2006 will be the next edition adopted by the State in early 2007. B. Fire Dept Updates: Chief Malmquist Moved to Public Informational Section Fire Chief Malmquist recommended new recruits Matt Mazzara and Kristine Johnson be placed on probation. M/S/P—Johnson/Smith,to place Matt Mazzara and Kristine Johnson on probation with the Lake Elmo Fire Dept. (Motion passed 5-0) Fire Chief Malmquist recommended that Rick Myran be moved from probation to firefighter status. MIST—Johnson/DeLapp,to place Rick Myran to Firefighter status. (Motion passed 5-0) Update on Firefighter Grant—Fifteen departments in Washington County will participate in the new 800 MHz Program at a shared cost of$1,500,000,but the Federal Assistance Lake Elmo City Council Minutes March 21;2006 3 MINUTES APPROVED AS AMENDED.A.PRIL 18,2006 to Firefighter Grant Program will pay a maximum of$1,000,000. User's fee is $300/year. The Fire Dept. will be celebrating 50 years in 2007,and a Committee is being formed to plan a 50t`Year celebration. Help and suggestions from the general public are welcome. 8. CITY ENGINEER'S REPORT: A. Resolution 2006-027• Award Bid for Phase IV of the Water System Interconnect Project In his letter dated March 10,2006,the City Engineer reported that seven bids were opened on March 10,2006,for this project. The City Engineer recommended awarding the contract-to Ellingson Drainage for their bid of$412,758.68. M/S/P DeLapp/Johnson—to adopt Resolution 2006-027,a Resolution awarding the bid for the Phase IV of the Water Interconnect Project to Ellingson Drainage on the amount of$412,758.68. (Motion passed 5-0) B. Resolution 2006-029• Accept Feasibility Report for 2006 ®verlay—Tablyn Park Nei hhborhood The City Engineer presented the Council the Feasibility Report for 2006 Overlay— Tablyn Park Neighborhood Project. M/S/P Johnson/DeLapp -to adopt Resolution 2006-029, a Resolution Receiving the Feasibility Report and calling a Public Hearing on April 18,2006, on Street Repairs for Tablyn Park Neighborhood. (Motion passed 5-0) C. Resolution 2006-030: Chris Riley Utilities,Inc. City Engineer Prew was notified by letter Chris Riley Utilities, Inc. will not be completing Water System Interconnection Phase I and III Contracts. Recommendation is to terminate the contract"for cause." Bond Holder Travelers Casualty and Surety Company were notified by Riley Utilities, Inc.for non-performance. M/S/P Johnson/DeLapp—to adopt Resolution 2006-030, authorizing and directing City Staff to initiate or continue action with respect to the City's claim on the performance bonds. (Motion passed 5-0) 9. PLANNING, LAND USE & ZONING: A. Request regarding the application for the Haire Variance—9160 Hill Trail. The City Planner reported that these variances to the OHW setback and minimum lot were denied by the Council at the March 6,2006, Council meeting. Due to the change of the meeting night,the applicants were not in attendance. The Council agreed to allow the applicants the opportunity to be reconsidered based on new information and written statements at the next Council meeting. M/S/P -Johnston/Johnson—to reconsider the Haire Variance, 8160 Hill Trail,at the April 4, 2006,Council meeting. (Motion passed 4-0-1: Conlin Abstained-did not attend the March 6,2006,meeting) Lake Elmo City Council lvli IAM March 21,2006 4 MINUTES APPROVED AS AMENDED APRIL 18,2006 B. Variance for Septic System Setback for 7949 Hill Trail (Scharrer). City Planner Dillerud said the existing septic system at 7949 Hill Trail is no longer functioning. They are requesting a variance to Septic 700 septics/design standards to permit a replacement drain field within 15 feet of the existing house where a 20 foot setback is otherwise required. M/S/P Johnston/Conlin—to direct Staff to come back with a Motion for denial of Resolution No. 2006-028,because applicant can construct a mound style drain field without need for set back variance. Staff asked Council to waive the variance application fee. (Motion passed 5-0) C. Zoning Ordinance/City Code Amendments—Home Occupations The City Planner reported that over the past two years there have been numerous meetings with the City Council and Planning Commission, and numerous drafts prepared addressing the regulation of Home Occupations. He presented a draft set of City Code .< amendments that had been created and recommended by the Planning Commission, and on which the required Public Hearing had been conducted. The Council received a handout of the City of Oak Park Heights Home Occupations ordinance. There was discussion about perpetual licenses, and storage-related businesses. Council members were not supportive of an overly complex set of regulations. M/S/P DeLapp/Johnson—to move Home Occupations to the next Council Workshop meeting on April 11,2006. (Motion passed 5-0) D. Ordinance 97-167• Zoning Text Amendment—CUP in AG Zone for Outdoor Social Events The City Planner reported that the Planning Commission conducted a Public Hearing regarding a proposal to amend the Zoning ordinance to permit"Outdoor Social Events" on properties within the AG zoning district. The Commission recommends another Conditional Use to the AG District for Outdoor Social Events with nine required conditions. Concerns were expressed on the noise,parking, lighting and safety. M/S/P—Johnson/Conlin—to table to the next Council Workshop,April 11, 2006. (Motion passed 4-0-1: DeLapp-he was unable able to provide comment) E. Ordinance 97-168• Amend GB Zoning District Text Restaurant Drive-Up Facilities The City Planner reported that the Planning Commission has conducted a Public Hearing and recommends amendment to the General Business District list of"Permitted Uses"to include drive-up service windows at cafes and restaurants, as otherwise regulated by the City Code. He noted that the Commission's recommendation specifically excludes both menu boards and intercom systems associated with the drive-up window. Jake Elmo City Council Minutes March 21,2006 3 MLNUTES APPROVED AS AMENDED APRIL 18, 2006 Business owner Ed.Gorman was in attendance and stated that customers are changing and he would like to see a menu board approved. M/S/P DeLapp/Johnson—the City Attorney will redraft ordinance to preclude fast-food for the April 11, 2006,Council Workshop, and reconsideration to the April 18,2006, City Council meeting when all members will be in attendance. (Motion passed 5-0) F. Village Area Master Plan Recommendations—Next_Step The City Planner reported that the City Council and Planning Commission were presented the recommendations of the Village Area design team/master planners at a Workshop March 14,2006. M/S/P Johnson/DeLapp—to direct City Planner and Village Area Master Planner to proceed to introduce the Village Area Master Plan to the public with a dual presentation- poster board presentation,and a formal presentation. (Motion passed 5-0) G. Direction to Staff/Planning Commission for New Zoning Ordinance The City Planner reported that the Planning Commission has previously reviewed "Performance Zoning"as an alternative to "Euclidian"zoning,and made substantial progress with its consultant toward drafting a new Performance Zoning Ordinance for Lake Elmo. He noted that the City must have a completed Zoning Ordinance Map and Text corresponding'with the 2030 Comprehensive Plan within 9 months of the Comprehensive Plan being approved by the METC; approximately February,2007. A concern about Performance Zoning is that it is very"staff dependent," and that only a few people understood it because of its complexity, and another presentation for a better understanding of the options available. M/S/P DeLapp/Johnson—to direct Staff to have a presentation on Performance Zoning by Lane Kendig. The Planning Commission should be invited. (Motion passed 5-0) 10. CITY ATTORNE` 'S REPORT: None 11, CITY ADMINISTRATOR'S REPORT: A. Update on RFP for Animal Control—verbal Administrator Rafferty requested City Council to extend the current Animal Control Officer's Contract through April 30,2006. M/S/P—DeLapp/Smith—to extend the Animal Control Officer's Contract through April 30, 2006. (Motion passed 5-0) 12. CITY COUNCIL REPORTS: None Council Meeting ended at l 0:50 p.m. Lake Elmo City Council Minutes March 21,2006 6 MINUTES APPROVED AS AMENDED APRIL 19,2006 Respectfully submitted by Carole Freeman,Recording Secretary Resolution No. 2006-026: Claims Resolution No. 2006-027: Water Systems Interconnect Phase IV Resolution No. 2006-029: 2006 Overlay Feasibility Report-Tablyn Park Neighborhood Resolution No. 2006-03 0: Chris Riley Utilities,Inc. Contract Termination Lake Elmo City Council Minutes March 21,2006 7 the City did not get as advertised and it seemed to her Engstrom sat back and waited when they were supposed to be drivers. The City Administrator responded we were aggressive to get it done by November, and we have received great service from. Engstrom. St. Croix Regional Family Center-Mayor reported the Early Childhood Ed project of the center wants to go ahead and will be approaching the school board. He said Lake Elmo is the perfect location for the family center. The City Administrator said it is noted on the Old Village plan where the family center is going to be as well as the city hall. Council member DeLapp said there is a conflict of interest because the mayor is on the Board. The Mayor responded he is on the comrnittee that is working on the organizational interest and there is no financial gain for him. Zoning Variance -A zoning variance request needs 3 votes to pass and the Mayor and City Planner will not be in attendance at the February 21 st meeting. The Planner will advise the applicant that his variance request will be on the March 6th meeting. Adjourn 8:35 LAKE ELMO CITY COUNCIL WORKSHOP FEBRUARY 14, 2006 6 4. Animal Control RFP The Administrator provided a draft Animal Control RFP and a budget sheet. He said a number of cities the same size of Lake Elmo are looking at vendor services and some have LSO's. He said he has met with three applicants,Kathi Pelnar, Mike Smith, and Animal Control Services out of White Bear Lake. In regard to the wording in the RFP...shall respond"as soon as practicable", Council member Conlin asked why can't we insert if the situation is threatening, safety issue, we expect response be in such(?) time. Mayor Johnston had a concern that people weren't calling in because there was no response. It should state our average response is ....so people understand we are responding. Council member Johnson said if it is an emergency due to safety reasons,the resident should call 911 and not the ACO. The Administrator stated he was comfortable with the language in the Animal Control RFP, Mayor Johnston left the meeting at 8:10 p.m. to attend the Fire Dept. Relief Assoc. meeting. 5. Report on Old Village Plan Presentation The City Administrator reported on Friday,February 17t',we will try to get these two plans married and then there will be a presentation to the Council. We are looking at the March 6t'council meeting for Bob Engstrom to give a presentation and council will give direction. The Administrator said this council will then send this plan to the Planning Commission for a Comp Plan amendment or it can go to a workshop. Council member DeLapp said the City needs to have an open house. Council member Conlin said she is disappointed that we did not get this plan in a timely manner. It seems we have had to force a deadline because of the Met Council. Council member Johnson agreed with the lack of updates and communication. Council member Smith said she stayed in touch with Marty and Chuck and they moved forward as quickly as possible. There has been so much thrown on our plates. Council member Johnson asked about the contract we have with them and who has the authority to change the contract...certain dollar amount in a certain timeframe. The Administrator said there is no change in the dollars. Council member DeLapp said he told everyone we would have a presentation in November and asked if there has been contact with Engstrom and staff. The Administrator said there has been contact and the owners retained their own planner the same time we did. Council member Conlin said we all went into this understanding there were many parties involved and Engstrom thought he could put it all together. She felt LAKE ELMO CITY COUNCIL WORKSHOP FEBRUARY 14, 2006 5 neighborhood parks be used for playfield type activities he advised the Council that rnost of the organized and city-wide activities at community play fields cannot be accommodated at most neighborhood parks without negative impacts on the neighborhood. There may be some neighborhood parks of a size and location that might host those activities without negatively impacting the neighborhood, but that strategy is not good park planning. Council member DeLapp pointed out there are 175 acres of 3M property in Lake Elmo and if developed park dedication would be available from that site. Margaret Carlson said she was surprised 3M would give land for a specific use and suggested we should go back and look at this. She said she would be surprised that Oakdale would not place lights there. She said if there is a Task Force to review this playfield proposal she suggests having an independent body on the task force. Bob Helwig said he supported Council members Smith's suggestion to use the open space in front of Sunfish Park as Sunfish is a public park. Council member Conlin stated there is broad criteria for selecting location for parks in our Comp Plan that have to be looked at and to keep in mind the trails system and how the trails would work for kids to ride bikes or walk to the playfieids. A resident said traffic on Stillwater Blvd. would have to have some traffic control and that Raleigh creek cannot hold anymore runoff. He asked what about the land next to the public works building that 3M owns. It would be cheaper maintenance if playfields were next to the public works building. Gary Carlson,Tablyn Park resident, stated Oakdale is contentious and no matter what happens there will be lights there if Oakdale wants lights. He said when Marty talked to Oakdale it was just an idea and he agrees with Council member Conlin we need to decide if the City wants a park in that location. Scott Deutsch, Lake Elmo Heights, said we are looking at it and some trees will be blocking the lights. They call it a park which we think of as picnic, etc,but Oakdale is really talking about a sport complex. 5. Manning/lEfighway 36 Intersection Improvement The City Planner said a matter has come up on how to deal with the intersection of Manning Avenue and TH36. He said that he and the City Engineer were called down to meet with Washington County, MnDOT and was told MnDOT would like us to build a 3 or 4 lane intersection. The City Engineer recommended that a feasibility report would be preformed to determine the intersection configuration and cost and financing. This item will be brought to the Feb 21"Council meeting. LAKE ELMO CITY COUNCIL WORKSHOP . FEBRUARY 14, 2006 4 Joan Ziertman asked what type of park we are going to have and agreed that the City was putting the cart before the horse. She said the City should decide if we want a park there. She voiced her concern on the amount of money paid for a park for Oakdale residents and maybe we should think about where we would want parks for our residents. These items should be discussed before we enter into an agreement. Bob Helwig,Planning Commission Chair, stated that this proposal is the tail wagging the dog. The City does need ball fields,but let us get the right land. He suggested looking in the Old Village Area plan to place 4-5 new fields- He noted that the site proposed is sizable, and would support many houses toward the mandated 2030 population of 24,000. Council member Smith said there would be 12 houses on the 26 acres of the proposed site. Council member Conlin said she observed that 3M owns the land in Oakdale, and they could give land to Oakdale for the playfield instead of Lake Elmo land. She said that the Oakdale Athletic Association is a powerful force and will dictate what they want in a joint playfield, including lighted fields. She said she views this to be primarily an Oakdale park for its ballfields. Terry Arrons asked why this Lake Elmo land was being donated when 3M has so much other land in Oakdale. He asked why the City can't update the existing parks we have now. Mayor Johnston said you better decide what you need, define it and work it down;and that it would be an error to rush to judgment on the proposal without the benefit of a Lake Elmo needs analysis. He said the City should restart the process regarding the playfield proposal. Council member Johnson said she doesn't quarrel with the high need for fields, but feels the City should do a need assessment, and then decide where we are going to place multi- use fields. She observed that if the City can't meet our playfield needs now, what we are going to do when we are 24,000 population. The Administrator said that this needs to go back to the parks commission to determine the need for playfields,and where would they be. Council member.Smith pointed out the Parks Dept. talked about a possible skating rink/winter activity in the Sunfish Park area and asked what about the 20 acres in front of Sunfish Park to use as temporary fields. Planner Dillerud said he has provided the Parks Commission a needs assessment done by Oakdale that could act as a process guide for the Lake Elmo Park Plan update. He noted that you don't do an updated park plan before you do a land use plan. Now that the 2030 land use plan is all but completed,the Parks Commission is on their way with the Park Plan update including community playfields. In response suggestion that the LAKE ELMO CITY COUNCIL WORKSHOP PEBRUARY 14,2006 3 This is an opportunity for new community playfields in the near terra with minimal investment. Todd Bruchu said he would volunteer to serve on the task force. Steven Amasky stated he lives in Parkview Estates and is active in the Oakdale Athletic Association and that there is a dire need for baseball fields. He said most of the developments surrounding Parkview Estates go to#622 schools and are in OAA. There are no borders for OAA. He said T-ball kids can play on grass fields and hat the gravel infield in Stonegate was too small. He thought this was a fantastic opportunity for Lake Elmo and thought any concerns could be addressed. Council member DeLapp stated the City of Oakdale has chosen to have parks in Lake Elmo and not in Oakdale because he thinks the City wants to develop. Park dedication is required and Oakdale has chosen park land in Lake Elmo. Larry Moody,who lives adjacent to this parcel,understands there are needs for fields,but this is not the right site for playfields because this is a rolling hills parcel.He said the 26 acres may come free from 3M, but the.earthmoving needed on the site will cost tremendously. He asked if Tablyn Park could be expanded. He said his own personal desire is not to have light pollution because then he cannot use his telescope at night. He said daily there are deer, a red fox family, and eagles and hawks use the trees to catch rodents and don't want to loose this. He believes 3M thinks this is less than ideal developable land. Rolf Larson,parks commissioner, stated there would be terracing issues,lighting can be designed and turned off early. This can be done true to the city's ordinance to take advantage of this opportunity. He added that if this parcel becomes a community park, care must be taken to protect the stream and grove of oaks along the south side of the parcel. Pat O'Malley said the trees are going to have to grow to shield the lights. He asked who is gong to govern. He said he has a daughter that played fast pitch and lights were not needed. He said the adult ball situation in Oakdale will be brought to Lake Elmo if we have lights. He added that it is Oakdale's problem there are no parks...they should have not built so many houses. The City Administrator said there is no design feature to place lights in this field_ He added we would always have equal say. Council member Smith said it does say a youth athletic complex in this draft agreement. Don Gustafson,who lives one block from Tablyn Park, said CSAH13 is like a race track with all the shopping malls. By adding ball fields,it's going to be a mess. He thought the City should talk about the creek with DNR LAKE ELMO CITY COUNCIL WORKSHOP FEBRUARY 14, 2006 2 r APPROVED NHNUTES: April 18, 2006 LAKE ELMO CITY COUNCIL WORKSHOP MINUTES FEBRUARY 14, 2006 Mayor Johnston called the workshop to order at 6:00 p.m. in the Council Chambers. PRESENT: Conlin(arrived 6:04 p.m.), Smith(arrived 6:03 p.m.), Johnson, DeLapp, City Engineer Prew, City Planner Dillerud, Finance Director Tom Bouthilet and City Administrator Rafferty. 1. AGENDA Postponed Revisions to Fee Schedule and Insurance Premiums; Changed the order of the agenda. M/S/P DeLapp/Conlin—to approve the February 14, 2006 Council Workshop agenda, as amended. (Motion passed 5-0) 2. MINUTES: January 10, 2006 -Postponed Council member Johnson did not receive her mailed agendaJminutes. 3. Oakdale/Lake Elmo C 2p2D um Pla eld—Task Force A eement The City Administrator reported on the history of the 3M donation of 26 acres located in Lake Elmo,how he read in the newspaper that there would be an Oakdale/Lake Elmo community playfield on land donated by 3M. He said he met with Oakdale representatives and talked about their thoughts for this playfield. He pointed out there would be zoning actions required from Lake Elmo. An agreement was drafted that would bring together City representatives to sit down to discuss items, with no strings attached, to get to the final decision. The Lake Elmo City council asked for more discussion at this workshop. The Planning Commission and Parks Commission both looked at this proposal and asked to go ahead and explore the options. Council member Conlin asked is this where we want a park. She said we have a needs assessment for planning a park with early public participation and forums to make sure the public wants it. This is a 26 acre parcel and we would only have 50 percent use. There are no public facilities nearby. She said we should consider pedestrian and vehicular traffic. She felt this is doing it backwards. Lake Elmo should decide if we want a park there and then decide if we want to share it with Oakdale. Todd Bruchu, Park Commissioner, stated with the current population we don't need more fields is inaccurate. He said he is active on Lake Elmo Baseball and loves the ball fields, but we are cramped. Lake Elmo Baseball is branching out of Lake Elmo into surrounding playfields. There were 213 kids signed up,three are not from Lake Elmo, and this will make 18 teams. He said a lit field can support 6 teams and an unlit field would support 4 teams. Youth baseball starts at age 10 thru 15 and then there are 16-18 yr.old teams. He has coached 9 years and has made nice improvements to the city fields. LAKE ELMO CITY COUNCIL WORKSHOP FEBRUARY 14,2006 1 APPROVED NNUNUTES: 4-18-06 LAKE ELMO CITY COUNCIL WORKSHOP MINUTES JANUARY 10, 2006 PRESENT. Mayor Johnston, Council members: Conlin, Smith, Johnson, Administrator Rafferty, City Planner Dillerud and Finance Director Tom Bouthilet, Mike Bouthilet and Fire Chief Mamlquist and Captain Pepin ABSENT: Council Member DeLapp 1. AGENDA 2. MINUTES: None 3. Interviews for Planning and Park Commission: 6:00 Nicole Park 6:10 Laurie McGinnis 6:20 Bob Helwig 6:30 David Steele(Parks) 6:50 Kathy Sedro Appointments for the Planning Commission and Parks Commission will be made at the January 17t'Council Meeting. 4. Hirino of Fire Chief,Engineer,Assistant Planner and Code Enforcement - reasonableness vs_absolutism Administrator Rafferty provided a surmnary of planned positions of the Fire Chief, Assistant City Planner,City Engineer,and Code Enforcement Officer, anticipated hire date and budgeted salary. Fire Chief- Administrator Rafferty explained that in order to provide a well managed fire department through a full time addition,five areas were sited for the Chief as needed for 2006 and into the future. In addition, a new job description was developed for the Chief s position, officer positions, and fire fighter.The Finance Director supported this position,pointed out savings to the City and provided a metro salary comparison for the Fire Chief position. Council member Smith indicated this permanent position is premature and fiscally irresponsible at this time. The Fire Chief said he would be more available for day-time response when asked by Council member Johnson if this full time position would help with the problem of daytime responders. Captain Pepin added that the Chief is also a"trainer"and this would allow the Department to have daytime drills with the Chief as a trainer.This item will be added to the January 17'h Council agenda. LAKE ELMO CITY COUNCIL WORKSHOP MINUTES January 10, 2006 1 Administrator Rafferty noted that he would be asking a council member to work with him on future policy changes for the Fire Department employee handbook. Assistant City Planner: The City Administrator reported the City should get an assistant planner on board before the development season starts so the City needs to move forward. Also, the existing City Planner has indicated he may retire within 4 years. This item will be added to the January 17g`Council agenda. City Engineer: The City Administrator reported this would be an entry level engineer that will grow into this office. With the anticipated growth,this person would do some inspections and minor design when needed. This position will also be used to set up the engineering office at the Public Works Building,moving all documentation on site and work closely with the Public Works Department.This position will be funded by redirecting fees and workload to the new engineer. Anticthpated hiring date is late April or early May. This item will be added to the January 17 Council agenda. Code Enforcement Officer The City Administrator said a council workshop,possibly in March, is necessary dedicated strictly for code enforcement in order to classify as "quality of life issues" so that a description can be developed. He said the Washington County Sheriff indicated he would train a community service officer. Council member Smith stated in order for the City to enforce their codes,this position will be needed in the future This item will not move forward to the January 17 Council agenda. 5. Oakdale/Lake Elmo Community Playf eld The City Administrator reported he, Chuck DilIerud, Tom Bouthilet,Tom Prew, met with Oakdale representatives to discuss the 3M donation of 28 acres,by Ideal Avenue and Stillwater Boulevard for park development. There will be a joint ownership of land between Oakdale and Lake Elmo and develop a Joint Powers Board. There would be cost sharing arrangements of a 50150 split(design, construction,and maintenance). They are talking lights for the ball fields and would limit the playfield to only kids. The City Planner stated the issue arose as why do we need a community playfield on the west side of the community and didn't we think about having a community play field in the Old Village. The Planner said he did an investigation of cities with 24,000 population of needs for playfields. He said Oakdale has one community playfield with a population of 26,000 and that is not enough. He said we would reserve the site in the Old Village, but not build it,and concentrate developing at the 3M site. The City Administrator said he thought it was well worth contemplating. The City Planner said the opportunity is now,and there would be a 50/50 cost split. Council member Johnson voiced her concern on financing and what would this mean to staffing. The Finance Director responded this park development would be paid through park LAKE,ELMO CITY COUNCIL WORKSHOP MINUTES January 10, 2006 .2 dedication fees. The Mayor said he was not sure if it is a good fit for half of the facility at 100 percent of the cost. He said he know the need is going to be there. Council member Conlin noted that the City of Oakdale is already there at 26,000 population,and their need is there now for use of fields. It will take Lake Elmo 25 years to get to 25,000 population. 6. ManningCHi&way 36 Intersection Improvement The City Planner reported staff and the City Engineer are working with the state and county on this intersection improvement. The City Engineer recommended some signal adjustment and now the County wants inbound lanes and more. The Planner asked what sort of equities the City wanted to pay for. He didn't think the City should have to pay the cost,but that the cost should be assessed through a 429 improvement project. The City has not assessed for an intersection improvement before. 7. Austad Drain field Plans The City Engineer provided a utility plan for inground septic systems for the three individual lots involved—Pierre, 5665 Hytrail Avenue;Austad,5701 Hytrail Avenue and Hurt, 5751 Hytrail Avenue.Mr.Austad presented a petition from the homeowners involved looking for the City's support in an effort to resolve the issues at their properties. Mr. Austad said he talked to surrounding neighbors informing them as to what is being proposed. The City has allowed them to perk test an area on City property behind their homes. Mr.Austad said he counted about 15 trees that would have to go.The City Forester will look at the area and at the soils to determine what type of trees could be planted for screening. The City Engineer said there would be a pumping station which would have a manhole at grade. The City Engineer said he would prefer not to have the manhole in the back and will look at other areas. He said that the construction of the system privately and then turned over to the City has not been discussed. Usual monthly fees contributed and cost of installation will be paid for by the residents. There would be a wide enough path with a firm base and grass for someone three times a week to check on the system. The City Engineer explained the design has a backup. The portion of the sliding hill does not have enough room to meet our requirements for two drainfields. Mr. Austad said the three house system, drainfield, tree removal would cost about$75,000_ The Council noted they were behind solving this problem in an unobtrusive manner as much as possible. A specific proposal will be presented at the January 17'' Council meeting. 8. Ber ann Easement The City Engineer said he is working with the Bergmann's on easements_ LAKE ELMO CITY COUNCIL WORKSHOP M[NUTES January 10, 2006 3 9. Public Works—Gen Set(generator) The new Public Works Facility will be used as an emergency center. Our Public Works Supervisor has worked with the City of North St.Paul because they bought several Gen Sets for one of their buildings that were too small.Mike Bouthilet said North St_Paul offered it to us for hall the price, $10,000. There is no warranty for this standby generator. He said the self-contained unit automatically comes on if we lose power at garage. He said they had planned for this and put money in CIP for$7,000 in two years. The Public Works corrected that amount to $15,000 after the meeting. 10. Animal Control 11. Minutes and Structure 12. Volunteer/Employee Annreciation Dinner The Council will check their calendars and call the Clerk with possible dates....March 3�d was discussed as a possible date. Workshop was adjourned at 8:50 p.m. LAKE ELMO CITY COUNCIL WORKSHOP MINUTES January 10, 2006 4 CITY OF LAKE ELMO WASHINGTON COUNTY,MINNESOTA RESOLUTION NO. 2006-039 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 322, 323, DD715 through DD727, 29023 through 29033, were used for Staff Payroll dated April 27th, 2006; claims 324, 29034 through 29063, in the total amount of$357,380.72 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 2"d day of May, 2006. Dean A. Johnston Mayor ATTEST: Martin J. Rafferty City Administrator . / , »2 . . . © . s � . - \ \ � # 4 E }Q 7 $ z3i / \ \ k 2 c . \ // � ee � o0 CN - a . 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O / / / \ a § / / / \ \ @@@ ng « � Q2@ § « § 9 . 2 \ \ \ S ESE }_ d) 2 kkk � 6 3a « 7J7 k k Q 4. @@? $ 6 / » G \ G � \ t- § 004 E $ Si \ % \ § kn00 % K cq / f / § 9 / \ \ \ / � \ Q � & k / ? / » o0o q \ 2 3 \ \ \ 22 \ 2 \ / 2@2 g4 2 2@ / 2 �> $ > Q . \ CITY OF LAKE ELMO 2006 BILLING SUt'6r7a1/1ARY MONTH 11135 11140 11145 11150 11155 11161 TOTAL_ Administration Criminal Pros Public Imp.Proj Communt Dev Civil litigation Auto Forfeiture Jan $2,381.27 $3,516.24 $363.00 $1,821.52 $135.008,217.03 Feb $1,364.70 $4,574.62 $572.96 $616.00 $1,997A0 $5.00 9�130.28 March R2 UNION April May $0.00 June $0.00 Juiy $0.00 Aug $0.00 Sept $0.00 Oct $O.00 Nov $O.00 Dec $0.00 Totals $4,906.47 $11,773.51 $3,874.46 $1,360.50 $4,099.27 5383.00 $26,397.21 1 4/1412006 Suite 300 e 551)291-8955 50 East Fifth Street (651)22 1753 facsimile St.NwL MN 55101-1197 � BER Federal Tax IB#41-0901098 Page_ 1 CITY OF LAKE ELMO 03/3}1/2006 3800 Laverne Avenue North ACCOUNT NO. 1135M Lake Elmo MN 55042 FEES EXPENSES 110ES B CE 11135-920001 Administration 1,160.50 0.00 0.00 $1, 60.50 THIS ST&7EMExT 15 DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL 115E CREDITED TO THE NEXT MONTHS S'i'P-TEM1=NT. PLEASE RETURN ONE COPY OF STATEMENT RrITH PAYMENT' 2UERSON . Suite 300 6 1 22 -b 53 291-8955 St East Fifth Stree55101 BERG. ( S ) ifacsimile St Paul,MN 5510I-1l97 •Federal Tax I #f42-0991098 - a e o a P ge: 1 CITY OF LPxE ELMO 03/3�./2006 3800 Laverne Avenue North ACCOUNT NO. 1140M Lake Elmo MN 55042 FEES EXPENSES ADVANCES B ANCE 11140-030001 MiSC Prosecutions . 3,372.50 25.15 0.00 $3, 97.65 11140-040184 Thole, Wayne theft 82.50 0.00 0 ,00 .82.50 11140-050255 Gonzalez, Leonardo DAS, no insurance 5.00 0.00 0.00 $5.00 11140-050270 Gonzalez, Leonardo 4th degree DUI, DAS 5.00 0.00 0.00 $5.00 11140-060001 Matson, Suzanne Mary 3rd degree DUI, 3rd degree DUI _08 or more 5.00 0.00 0.00 $5.00 11140-060007 Lopez, Alcnso G. P. no Minnesota DL 5.00 0.00 0.00 $5.00 11140-060018 Thao, Yang DAS 5.00 0.00 0.00 $5.0o 11140-060030 Parlin, Anthony expired registration, no proof of insurance 0.00 0.00 $5.00 TMS STATEMENT IS DUE AKD PAYABLE TO'I'IIE END OF THE MONTH- pAyMENTS RECEYVED AFII`I R'1<HE 1AS'I'uA41 OF THE MONTH WILL HE CREDITED TO THE N=MONTHS SIATENIP-NT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENM Suite 300 551)291-8955 50 East Fifth Street (651) 1733 facsimile 5t.Paul,MN 55101-1197 FRW&BERGMAN Federal Tax ID#41-0991098 a e gi e Page. 2 CITY OF LAICs ELMO 03/31/2006 ACCOUNT NO. =40M FEES EXPENSES ADVANCES BALANCE 11140-060034 Pearson., Jessica domestic assault S.00 0.00 0.00 $5_o0 11140-060035 Arndt, James Dylan Dn.R, no proof of insurance 5. 00 0.00 0_ 00 $-:7.CO 11140-060038 Holloway, Gary DAR, no insurance 5.00 0 .00 0.00 $5.00 11140-060042 Ohs, Phillip Clayton 3rd degree DUI 10.00 0.00 o.oa 10.00 11140-060045 Wemeier, Lared small amount of marijuana in motor vehicle possess drug para 5.00 0.00 0_00 $5.00 11140-060049 Stein, Robert Dean speed, no proof of insurance 10.00 0.00 0.00 10.00 11140-060055 Olson, Michael John test refusal, 2nd degree DUI 10.00 0.00 0.00 10.00 11140-060056 Griebler, James 40.00 0.00 0.00 40.00 11140-060061 Blanchard, Crystal L]yna GM-no insurance 10.00 0.00 0. 00 l0.00 'H'MS SS'TA'aH PtCEl T Is DUE APM PAYABLE TO LIND OF THE MON' EL F# L'MEN I S r CEIVED AFTER"1;'EIE y.AST DAS'OF THE 1VIO1�TIff WILL aE DITED TO TH•HE NEXT ONTH'S l�HA NM pL S °URNfL ONE Copy OF STATEMENT WITH PAYMENT. suite500 POLERSON ( 5i)291-8955 50 East Fifth Street F i BERG -Federal Tax 17 53 facsimile St Paul,MN #41-099 098 FXIM mom4 4 Page: 3 CITY OF LAKE ELMO 03/3 /2006 ACCOUNT NO. 11140M. FEES EXPENSES „?�1VC-S BALANCE 11140--060062 Johnson, Sherri Lee 3rd degree DUI 10.00 0.00 0 .00 $10.0D 11140-060067 Tomek, Kimberly speed 68/55 .10-00 0.00 0.04 10 .00 11140-060070 Dean, Timothy DAR 52.50 0.00 0.00 52 .50 3,657.30 25 .15 0.00 $3,0 2.65 TMS STATEMENT IS DUE AND 1PAVABLE TO THE END OF THE 16 ON'STR. pAyAWMM REC EME➢D AFTER THE LAST DAY OF THE MON79 WYLL BE CREDITED TO THE NEXT til ONT18I'S STA7EMENT. PLEASE RETURN ONE COPY OF STATEMENT T" WITH PAYMENT. ®'"Suite 300 k E-TE ON, 651)291-8955 50 East I;'ifth Street - (651)22 I753 facsimile C. St.Paul,MN 5510I-1197 Lr A -F'etleral Tax 15#4I-001698 8 B ® 0 Page: 1 CITY OF LAKE ELMO 03/3I/2006 3800 LAVERNE AVENUE NORTH ACCOUNT NO. n1145M LAKE ELMO MN 55042 FEES EXPENSES ADVANCES BALANCE 11145--040003 WATER SYSTEMS CONNECTION 3,235.50 0.00 0.00 $3,235 .50 11145-060001 TABYLN PARK-LE HEIGHTS WATER CONNECTION 66.00 0.00 0.00 $66.00 3,301-50 0. 00 0.00 $3,301_50 Y'MS STATEMENT IS DUE AND PAYABLE TO TI$E ET°71iD OF THE 14'iO1b"1 K. pAMMENTS RECEWEID Ag'I`E]R THE LAST DAY®IF'THE M071 TTH VtgLL nE CREDITED To THEE NEXT MONTHS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT 400 �JI E �aJi �d. (65E)291-8955 50 East Fifth Street (651)22 1753 facsimile FRW BERG St.Paul,MN 55101-1297 -Federal Tax It 041-0991098 e e a m Page: 1 CITY OF LAKE ELMO 03/31/2006 3800 Laverne Avenue North ACCOUNT NO. 11150M Lake Elmo MN 55042 FEES EXPENSES ADVANCES B IANCE 11150-050007 LAKE ELMO DEVELOPMENT CORPORATION - OP 203.50 0.00 0.00 $ 03.50 11150-050009 PLAT, REZONING AND COMP PLAN - PARK MEADOWS 55.00 ' 0.00 0.00 $55.00 11150-060003 HIDDEN MEADOWS - PRELIMINARY PLAT 44.00 0.00 0.00 $44.00 11150-990006 Carriage Homes Development 33.00 0.00 46.OQ 79. 00 335.50 0.00 46.00 TWS STATF1_tu6Fr T IS DUE AND PAYABLE To THE END OF THE MONTH. PAYMENTS RECEMED AFTER THE SST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTHS^s&APEPYfER�1 PLEASE RETURN ONE COPY OF E T`A-T EMEN T` WITH H PAYMENT. Suite 300 P ..ME 651)291-8955 50 East Fifth Street [�^�a (65I)22 I753 facsimile St Paul,MIN 55I01-f i c B �..1 Federal Talc iD 4I-094I09$ e ® e u FRWMAN Page: 1 CITY OF LAKE ELMO 03/31/2006 3800 LAVERNE AVENUE NORTH ACCOUNT NO. 11155M LAKE ELMO MN 55042 FEES EXPENSES ADVANCES BALANCE 11155-040002 ZIERTMiAN/SESSING PROPERTY 135.00 0.00 0.00 $135.00 11155-060002 J.P. BUSH HOMES V. CITY OF LAKE ELMO 142.00 3.75 0.00 $145.75 277. 00 3.75 0.00 $280.75 TWS S&TEME T IS DOE AND PAYABLE TO THE fENID OF THE MONTH. pAyMENTS RECEIVED AN'TER TVnM LAST DALY OF THE MONTH irnLL BE CREDrMO TO THE NEXT IVdON TH'S 5 Tip MENT. PLFASE RETURN ONE COPY OF STATEMENT WITH PAYMENT ite 300 e (6511291-8955 50 East Fifth Street (651)22 1753 facsimile St Paul,MN 55101-1197 �BER ;Federal Tax Its#41-0901698 Page: 1 CITY OF LARE ELMO 03/31/2006 3800 LAVERNE AVENUE NORTH ACCOUNT NO. 11161M LAKE ELMO MN 55042 FEES EXPENSES ADVANCES ELLANCE 11161-050003 Kleinvachter, Robert Michael vehicle forfeiture 44.00 0.00 0.00 44. 00 11161-060001 McAninich, Andrea vehicle forfeiture 81-00 0.00 0.00 81.00 11161-060002 Stevens, Michael Lewis 2002 Ria-vehicle forfeiture 108.00 0.00 0.00 $ 08.00 11161-060003 Olson, Michael John vehicle forfeiture 10. 00 0.00 0.00 10.00 243 .00 0.00 0.00 $243.00 THIS STATEMENT IS]DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS EMCEWEID A17E€THE LAST IDAX OF"&H•IE MONTH WELL BE CREID11ED TO THE NEXT IP194,bNB'itli'S STATIEWXNT PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. 4A CITY OF LAKE ELMO WASHINGTON COUNTY,MINNESOTA RESOLUTION NO. 2006-040 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Number 29064, in the total amount of $270.00 is hereby approved. ADOPTED, by the Lake Elmo City Council on the 2"d day of May, 2006. Dean A. Johnston Mayor ATTEST: Martin J. Rafferty City Administrator - ƒ . .� {�. . � . y � 5 . � \ 2 / S 7 � c 2 § \ . � G » @ � � � a 7 � \ k \\ ao / \ƒ \ \ � U o 77 \ Cd /� - � � � » G H H-2Y-2bbb 15;b2 KlJH 651 2132 bldti� H.02/dt> TEKDA MOM ENGINEERS•ARCHITECTS•PLANNERS 1500 PiperJatiray Plaza 444 Cedar Street Saint Paul,MN 55101-2140 (651)2N-4400 April 27, 2006 (651)292•0083 Fax www.tk0a.com Ellingson Drainage 56113 State Highway 56 P_O. Box 68 West Concord,Minnesota 55995-0068 Re: Water System Interconnect-Phase 1V City of Labe Elmo, Minnesota TK,D.A.Project No. 13186.000 Dear Sir or Madam: Enclosed please find three copies of Partial Payment Certificate No. 1 in the amount of $187,011.87 for the above-referenced project. Please sign all three copies where indicated and return all three copies to this office for further processing. An executed copy will be returned to you when payment is made. S' Thomas D.Prew, P.E. Project Manager TDP:pjr Enclosures An Employee Owner!Company Promoft Afflrmative Action and Fpval Opportvniy CITY OF LAKE ELMO WASHINGTON COUNTY,MINNESOTA RESOLUTION 2006—044 RESOLUTION APPROVING PARTIAL PAYMENT NO. 1 TO ELLINGSON DRAINAGE FOR WATER SYSTEM INTERCONNECT —PHASE IV BE IT RESOLVED,that the Lake Elmo City Council approves Partial Payment No. 1 to Ellingson Drainage, in the amount of$187,011.87 for work improvements to the Water System Interconnect Project—Phase IV, verified by the City Engineer in his memo dated April 27, 2006. ADOPTED,by the Lake Elmo Council the 2nd of May, 2006. Dean A. Johnston,Mayor ATTEST: Martin J. Rafferty City Administrator HNK-2Y—;:20Wb 1b:b2 I KDH bb1 2y2 00U 5 H.a i/ob 1500 Piper Jaffray Plaza .t=,; 444 Cedar Street WKDA rt t t Saint Paul,MN 55101-2140 ENGINEERS It ARCHITECTS-PLANNERS (651)292.4400 j (051)292-0003 Fax j www.ikda.cum Proj.No. 13196.000 Cert,No. 1 St.Paul,MN, Argil 27 ,20 06 To- City of Lake Elmo,Minnesota Owner This Certifies that Ellingson Drainage , Contractor For Water System Interconnect-Phase IV Is entitled to One Hundred Eighty-Seven Thousand Eleven Dollars and 87/100-------------- ($ 187,011.$7 � being; 1st estimate for partial payment on contract with you dated March 21 2006 Received payment in full of above Cez tificate. TKDA Ellingson Drainage , 2p Thomas D. P7rewv,P.B. RECAPITULATION OF ACCOUNT CONTRACT PLUS E.XIRAS PAYMENTS CREDITS Contract price plus extras $ 412 758,68 All previous payments � All previous credits EKtra No. rr r+ +, n 11 II I1 II Credit No, If 11 +. II n rr n n AMOUNT OF THIS CERTIFICATE $ 187,011,87 Totals $ 412,758.68 $ l87 011,87 $ - Cmdit Balance $ _ Thorn will vermin unpaid an cUrlMot sftcr payment of this Ccrtificatc $ 225 746.81 $ 412,758.68 $ 412 758.68 $ _ An Employso Owned Company Promoting Affirmative Action and Equal appodunity lb'.t;5;!e I KOH bbi k awu s a a� TKDA Ezz�neers-A�c�itects-Planners PERIODICAL ES'I"I[MATE FOR PARTIAL PAYMENTS Estimate No. l Period Ending Aon 21., 120 06. __ ' age I of 1 Proj.No. 13186.000 Contractor 211inqon Drainage Original Contract Amount J412 758.68 Project Water 55stam Interconnect-Phase IV Location ty of Fake Elmo,}b innesota Total Contract Work Completed 196,854.60 Total Approved Credits $ 6_00 Total.h pprvYed Extra Wvrk Completed $ 0.00 Approved Extra Orden Amount Completed $ Total Amount Earned This Estimate S 196,854.60 Less Approved Croft $ 0.00 Less 5 %Retained $ 9,842.73 Less Pievious Payments $ 0.00 Total Dcductions $ 9,842r73 Amount Due This Estimate 187,011 87 Contractor Date E n D age Engineer Date Ataril 27,2006 Thomas D.Frew.P.E. fiYk- 'f- lJkJf7 lam% I KDH ESTIMATE NO.I PERIOD ENDING: April21,2006 WATER SYSTEM INT8RCONNECT-PHASE IV CITY OF LAKE ELMO,MINNF-807A TKDA PROJECT NO. 13186,000 ITEM CONTRACT QUANTITY UNIT AMOUNT NO, DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE 1 MOBIUZATION LS 1 0.5 $ 17,45820 $ 8,729.10 2 TRAFFIC CONTROL LS 1 0.5 $ 3.100.00 $ 1.550,00 3 JACKJAUGER 30"STEEL CASING LF 175 - $ 414.00 $ 4 CONNECT TO EXISTING 8"WATEiRMAIN EA 1 - $ 1,100.00 $ - 6 16"MJDIP,CL.52 WATERMAIN IN CA,$ING PIPE LF 350 - $ 72.50 $ - 6 DIR.DRILL 18'HDPE SDR 17 LF 4565 3,548,0 $ 50-50 $ 184,274,50 7 &"DIP,CL,52 WATERMAIN LF 82 - $ 34.00 $ - 8 16'BUTTERFLY VALVE&BOX EA 4 - $ 3,415-00 $ 9 WET TAP 16"BUTTERFLY VALVE EA 1 $ 9,035.18 $ - 10 6'GATE VALVE&BOX EA 4 - $ $30.00 $ 11 HYDRANT EA 4 - $ 3,470.00 $ - 12 DIP WATERMAIN FITTINGS LB 2,372 - $ 3.50 $ - 13 SILT-FENCE LF $56 - $ 3.10 $ - 14 TOPSOIL CY 165 118.0 S 19.50 $ 2,301.00 15 SEED&WOOD FIBER BLANKET $Y 1500 - $ 3_40 $ - 16 WATERMAIN MARKING SIGNS EA 5 - 5 50.00 $ - SUBTOTAL $ 196,654,60 TOT L P.05 TKDA ENGINEERS•ARCHITECTS•PLANNERS 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul,MN 55101-2140 (651)292-4400 (651)292-0083 fax April 26, 2006 www.tkda.com Mr. Thomas Prew City Engineer 3800 Laverne Avenue Lake Elmo, Minnesota 55042 Re: Elevated Water Storage Tank No. 2 City of Lake Elmo, Minnesota TKDA Project No. 13253.000 Dear Mr. Prew: Enclosed are three (3) copies of Partial Payment Estimate and Certificate No. 4 in the amount of $152,000.00. These are sent to you for City approval and payment to the Contractor. When payment is made,please have the Contractor sign all copies and return the blue copy to TKDA. The pink copy is for the Contractor and the white copy is for City records. Sincerely, Chris W. Bryan, P.E. Project Manager CWB:mlc Enclosures An Employee Owned Company Promoting Affirmative Action and Equal Opportunity CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA i RESOLUTION 2006—045 RESOLUTION APPROVING PARTIAL PAYMENT NO. 4 TO CB & I CONSTRUCTORS, INC. FOR ELEVATED WATER STORAGE TANK NO. 2 BE IT RESOLVED, that the Lake Elmo City Council approves Partial Payment No. 4 to CB & I Constructors, Inc., in the amount of$152,000.00 for work improvements to the Elevated Water Storage Tank No. 2, verified by the City Engineer in his memo dated April 26, 2006. ADOPTED, by the Lake Elmo Council the 2nd of May, 2006, Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty City Administrator 1500 Piper Jaffray Plaza TKDA 444 Cedar Street Saint Paul,MN 55101-2140 ENGINEERS e ARCHITECTS-PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com Project. No. 13253.000 Cert. No. 4 St. Paul,MN, April 26 , 20 06 To City of Lake Elmo, Minnesota Owner This Certifies that CB&I Constructors Inc , Contractor For Elevated Water Storage Tank No. 2 Is entitled to One Hundred Fift Two Thousand Dollars and 00/100---------------------------- ($ 152,000.00 ) being 4th estimate for partial payment on contract with you dated October 18 , 20 05 Received payment in full of above Certificate. TICDA CB&I Constructors, Inc. `""- ) 20 Chris . Bryan, P.E. RECAPITULATION OF ACCOUNT CONTRACT PAYMENTS Contract price plus extras 1,169,000.00 Total Contract Work Completed 372,250.00 Extra No. it it to it Credit No. 11 11 It it Stored Materials Total Amount Earned This Estimate 372,250.00 Less 5 %Retained in Escrow Account 18,612.50 Escrow Deposits and Interest by Contractor Less Previous Payments 201,637.50 Total Deductions (220,250.00) AMOUNT OF THIS CERTIFICATE 152,000.00 Totals 1,169,000.00 353,637.50 There will remain unpaid on contract after payment of this Certificate 815,362.50 1,169,000.00 1,169,000.00 An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Constructors, Inc. INVOICE 9660 Hickman Road Correspondence Address Clive,IA 50326-6316 PROJECT MANAGER BILLER CONTRACT NUMBER JOUSTOMERNO PAY APPLICATION JINVOICE DATE DUE DATE INVOICE NO DAB JMN 37150791 1249422 4 4/21/2006 5/21/2006 150791-04 CUSTOMER REFERENCE NUMBERS and/or PURCHASE NUMBERS JOB LOCATION PAYMENT TERMS Project#13263.000 Lake Elmo,MN NET 30 MAIL TO SOLD TO TKDA City of Lake Elmo 1600 Piper Jaffray Plaza 3800 Laverne Ave.North 444 Cedar Street Lake Elmo,MN. 55042 St.Paul,MN. 66101 Attn:Chris Bryan 750 MG CET I I W TCL Original Contract Price $1,169,000.00 $0.00 Total Contract Price $1,169,000.00 DESCRIPTION PRICE %'COMPLETE AMOUNT DUE Engineering/Foundation Drawings to Approval, Bonds/Insurance $48,750.00 100% 48,750.00 Tank&Shaft Drwngs to Approval/Bldg. Permit $43,500.00 100% 43,500.00 Tank Material Delivery $160,000.00 75% 120,000.00 Tank Foundation/Piping $160,000.00 100% 160,000.00 Derrick/Access Tube Fabrication& Erection $40,000.00 0% 0.00 Concrete Shaft $205,000.00 0% 0.00 Ring Beam Fabrication&Erection/Fiat Slab $105,000.00 0% 0.00 Tank Fabrication $85,000,00 0% 0.00 Tank Erection/Structural 2nd Floor Erection $180,730,00 0% 0.00 Tank Painting $72,000.00 0% 0.00 Tank Disinfection $1,000.00 0% 0.00 Electrical/Telemetry/Heater $45,020,00 0% 0.00 Pour 1st&2nd Floors/Control Bldg. $19,000.00 0% 0.00 Final Site Restoration/Access Road $4,000.00 0% 0.00 $1,169,000.00 372,250.00 Progress Completed To Date $372,250.00 Less: Retention 5% $18,612.50 Total Amount Billed To Date $353,637.50 Less: Amount Previously Invoiced $201,637.50 CURRENT AMOUNT DUE $152,000.00 Payments-Regular Mail Carrier Delivery and/or Overnight Mail Wire Transfer Information CB&I Constructors, Inc. Bank of America Lockbox Services Bank of America PO Box 406381 CB&I Constructors Inc. -Lockbox 406381 ABA: 111000012 (ACH only) Atlanta, GA 30384-6381 6000 Feldwood Road 026009593 Gres only) College Park, GA 30349 Account Number: 3756272668 Account Name: CB&I Constructors, Inc. DIRECT QUESTIONS REGARDING: INVOICE BILLING: Joanne Nealon,AIR Administrator,Ph.616-254-9605 email:jnealon@CBLcom INVOICE PAYMENT: Gayla Zenz,Credit Manager,Ph.616-264-9602 email: gzenz@CBLcom C,4 CC) ? .: 0 - 00 CL vu I co 0. o. o ol C4 oo Z5 *"001 11 CD 0 -w 0 0 .0 two t0 A , 4 0 4 ( t CO tQ7 '-0 0 ui 0 12 4.`a M Li) 0. 0 s I CIA' 0 'A 1 1 �- 1� C4 ok V'o, I o 0 0 i� - 3;0 v V'. ul o 0 S CIA ul V-- ul (f). to z P, .0 D:, CL Pam- 7 o 0 �A 7 ul x o Ck 0 -0 0 0 irl Ul 0 0 CD Q Z % � t V- , 0 W. 0 00 0 0 00 0 0 us 00 9 Lo ;0, ck � 3F CC) `fir. 3; I to Co (D 0 Ck- () gi trj vu-0 7, o 0 .0 10 0 o ro- wcl, 0 0 0 Ul 06 0 c.0 0. 10 -0 00 too 0 ea C�. 0 is ro- sol 0 0 gi 194 Lo to 0 .(An- 0 0 (D r oZS I �z-_;, D� o (-) U- (D CD 7-5 0— 0 01 V, uuii ui 000 CC) Qo coo 0oo o m c7 V q000000ao.00000 u') a+ ¢ tiu> 000000o00000 d 'n V r00 r� O u, � nt CAE t0 Co Qj O � r N W O O 0 0 0 0 0 0 0 0 0 0 0 0 0 O CO O r p p 0 0 0 0 0 0 0 0 0 0 a 0 O EL pp � U C) oo0Oo00000000 0 O O O O O O M O O N O O LO � � � � y z� a 0000r- 00000 rl- rOr Ja U C Ou)u7lii0 Nru)O) 't CD mO `t =OVON - �tr m Q O U o 0 0 o o e e o o 0 0 F- Z O Q Qrl- O 0 0 0 0 O O O 0 0 0 ❑ inF- 0 C) r a z O U 0 0 0 0 0 Q O p p 0 0 0 0 0 Q z z � LU � ma 000Q0000000000 0 O ¢ 0' z O JIB- WALL 00000c000c0000 0 QU—� v o � or0ca N<� Cti e- , U, a � � ToQa ¢ oz E1 U ¢ ¢ fA 0 C+') LCJ Z 0 ILLa UJ !r F a: O LUw 5 Z � W o000000000000o a �Q a0000a00000aoo a U gLZ 000000c0000000 0 OA W Uj L o 0 a J N N V fOD � � H O o U o000000000000a a C5 coo 0 0 0 0 0 0 0 0 0 O O O O a O � a� w 000000a0000000 0 ci ❑ 0 5; }it ti o cO.t r,a }L a a o ao ce) 0 Cat z L 04 a. � � CV Q0 ¢z 00000000000000 0 �c 0 O O O O O O O O p p O 0 0 O d Q rn W 00000000000000 O c � W u7 0000 000 Cri00N00 O !- - c N u) OOo000 ti00000 a w U L�iSQ W MO00 �t7u7u) ONrtnOi � ai y U � dOtD ti NOcOO � fir- f9 F u] F n ` LU W 0 - Z aj Q E Y Q, m C 0 C LL O O �q 5. Q 0 LU3 F v 0 ULLI U O W W LO IL Y 'a LL ca [� li a' 0 O � C4 C zz � 0 O - m of U F' U LL O` U W d O N ca Zw 3 2 z csi m z ❑ v cz W N c6 0 z s O Q N m p 3 O C LL d 7 S U a QQQ `2 m d- .N M m R O O V L C U rL Q c c O L O 9d 7 p O a. U o 3 j � F- b ro o m a W pyO � a® � x -Q QM c¢v V c �m a V V- u q r � N 0) o� O F- � o � 3U C _� NCQ � UGC q�f � �Z Z O Old � 7ca2LLY mmtLLUCL U (n ZQ N C C Ne 0) C- C C C i G O C C C C V 3ca 2 .Q C Q t4 ftS ttS N O .0 c6 RS cC Ca O 7 W o m W ¢ F- }- F- ❑ U tY F- F- F- F- W W tL U a � ' ° o U ¢ o W N ¢ rZ r NcnCu? COI� aDO � � Nr � Q2 Q 0 5 M I I- QH CB&I Constructors, Inc. 9550 HICKMAN ROAD CLIVE, IOWA 50325-6316 PARTIAL WAIVER OF LIEN . To: City of Lake Elmo 3800 Laverne Ave. North Lake Elmo, MN. 56042 CS&I Contract Number: 37150791 We, having been engaged by you to perform work in the construction of 760 MG CET/114`TCL at job location site: Lake Elmo, MN in accordance with the SIGNED AGREEMENT DATED October 24,2005 certify that we have fully paid for all work, labor, material, and equipment furnished to date by us, or by our subcontractors, or material men. In consideration of the payment to us of $152,000.00 for the following invoice(s). Date Invoice Number Amount Apr-21-06 150791-04 $152,000.00 We hereby release to the extent of payment for said invoice(s) any and all lien, or right of lien, on account of labor and/or material furnished in the performance of our work This partial waiver of lien is limited to the work included in said invoice(s), and this waiver does not extend to any labor and/or material furnished by as on prior or subsequent invoice(s). Executed this 21st day of April, 2006. 'L �tS& e Nealon AIR Aafmin/strator Constructors,Inc. Subscribed and sworn to before me this 21 st day of April, 2006. By. V " `de GAYLA L.ZENZ $ T�Commission Number 713888 My Commission Fires Dec.3,0 Lake Elmo Agenda Section: MAINTENANCE/PARK/FIREBUILDING NO. City Council 7A(1) May 2"d,2006 Agenda Item: Vacuum Excavator Background Information for May 2" ,2006 The Public Works is requesting to purchase of a vacuum excavator. This unit would be used for: • Implementing our plan to clean out storm drains and catch basins. • Opening plugged and frozen culverts. • Vacuuming and cleaning out gate valve and curb stop boxes • Repairing and straightening bent or damaged curb stops • Exposing buried utilities during Public Works installations, construction or repairs. • Vacuuming out mud and water during water main repairs. • Lift station cleaning • Emergency pumping. This equipment would greatly facilitate work and tasks currently being performed, in addition to work that is years behind in maintenance. Primarily the catch basin and culvert work. Over the years the City has required assistance from Oakdale and N. St. Paul on an emergency basis to access gate valves and lift station service. Six times emergency calls last year alone. We also had to use fire equipment on an emergency basis several times for plugged culverts and drains. The public works did rent an identical unit last year that was used to clean the gate valves required to re-route our water from well 2 to the Oakdale service area. The remainder of the rental period was used to clean plugged catch basins. Catch basins alone, we would expect to take several years to clean city wide. The new water mains, developments and future growth of the City, further support the need and timing of this purchase. The Maintenance Advisory Commission reviewed and supported the purchase. The water and storm water enterprise CIP funds were designated for this 2006 purchase. Three quotes were solicited. Ditch Witch of Minnesota was low quote at $37,669.05. (incl. tax) Action items: Person responsible: To purchase the vacuum excavator from Ditch Witch of MN for M. Bouthilet $37,669.05 Attachments MAC minutes, specifications and photo. Time Allocated: MAC MINUTES ;•Juke presented the information on the Vacuum Trailer he would like to get. He said he ren-ed one last year for a week at a cost of$1;500 for use in cleaning catch basins, culverts, ect_ Dick G asked what other things it could be use for. Mike said one problem they have is with the water gate valve boxes, they fill with dirt and are hard to clean out so they can be accessed. Using a bucket loader takes much time and is very slow. The vac would remove both the water and mud quickly allowi g them to more quickly get to the valve for repairs_ With the onboard water supply it can act as a water jet to loosen any hardened soil making it easy to remove. It can even go down through solid soil to get down to the shut offs. Chuck asked about the 500 gal capacity if it were large enough and Mike indicated it would be. Mike reviewed the full specifications he received and the options. Bud T asked what he expected the usage would be? Mike said right now he could use it 4-5 weeks and as the city grows with more streets, catch basins and water hookup it could become a full time job. Chuck asked what �he life of this should be? Mike stated it would be set at 10years. It was agreed this would be a good investment for us especially with a cost of approx $1,500!wk rental and the amount of use it could see. Over the 10 year period it could actually save us money. This is in the GIP and there is money set a ide for it_ A Motion was made by Dick G and seconded by Bud T to recommend the purchase of a Trailer mounted FX30 Ditch Witch Excavation System from Ditch Witch of Minnesota Inc at a cosh of$ 31,185.00 plus $ 3,522 for Options plus tax. The motion passed. s 4 d, flj F'' :,F r �.( � � a E•':a �!-j ,���!t�a'-d9 �� r� 9 3���1 1 tl�v� rT,��"i2� F"�"_ t' ��k f�_ '.� a �� r I• ^r� t Y ft I -- i✓c, � icy �� - I ��'� t �€ y ' Ly�� r I I �1fL�� 1I ,yi 1 � i EW 1,y .f+�: za ,"'•.. . a+i / w t t. •: r�:.mate�mx ,��� '" j �I t £ J =1 k : ,.fc�.,�`�. 8,• j.L YTi�J•. -,-, - y,-'"'l Y>� F-•�•.— �, 4V � � '�it',C''ZN�` A fr(^ i� S�U�i+.a .:F«r 1 I I a^'r f �l F ✓ 1 5.�., r Y i iu ,,•,;t es.;y �. Y yl wig a_"]2,L�� 'l„ 4 �, r ,3ti�lyyaF 1.> wsrsF } 1 ,,f, •{"k,f r;#"�f!JeS r4` "�,'e'(�is 1. 1'.• i'f ✓c•t� -{.xr - �wj y�r xr�y r '.a Y'°3 'r•,�tmg:.;Y•n: v--' i+�'`^":+�.,',•'.�si��. iq I, y ".1 .a„- hf k ,.,�� S,�F� 2} „�.rr lrr�f¢�,h�,,,�.yc r ilnll Zi^':..x'?•Z 7" ,"'�'`,.�-'- a -�l'� � •Irm i4�Tx1 >r Y J i�r Cw r- r.._ 9M 0, a nuw� �4�d 1[ lDitchwiEtch Lake Elmo Agenda Section: MAINTENANCE/PARK/FIRE/BUILDING NO. City Council 7B(l) May 2"d, 2006 Agenda Item: Lions and Tablyn Tennis Court Surfacing Background Information for Mav 2" . 2006 The Tennis courts at Lions Park and Tablyn park both need maintenance and repairs. Lions Park courts requires crack filling, bird baths filled, an acrylic asphalt leveling course and two color coats. Tablyn Park courts requires a paving fabric, 2" asphalt overlay, acrylic asphalt leveling course and two color coats. Price quotes were obtained with Tennis West having the low quotes for both Parks. Tennis West has a strong reputation and has bid all our previous re-surfacing, but was under bid each time. There is a costs saving involved for this project because they are doing Tartan Park courts during the same time frame. Both projects are in the 2006 Parks CIP. The price for Tablyn is $28,910, Lions $7,920.00 There is one more company submitting a quote that will be evaluated before the before the Council meeting. The Public Works Superintendent will have an update and recommendation at the City Council meeting. Person responsible: Action items: M. Bouthilet Attachments: Time Allocated: Lake Elmo Agenda Section: MAINTENANCE/PARK/FIREBUILDING NO. City Council 7B(2) May 2"d,2006 Agenda Item: Electrical service at VFW Park Background Information for Mav 2" . 2006 The Lake Elmo Baseball Association presented a request to the Parks Commission for 120V 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, budgeted the CIP, and at their April 170' meeting recommended for approval of the installation. Quotes were obtained with Webster Electrical Construction coming in at low quote of $2,980.00 Person responsible: Action items: M. Bouthilet Attachments: Time Allocated: Lake Elmo Agenda Section: MAINTENANCE/PARK/FIREBUILDING NO. City Council 7B(3) May 2"d, 2006 Agenda Item: Swing set at Tablyn Park Background Information for Mav 2" , 2006 The Parks Commission has recommended the purchase and installation of a new swing set at Tablyn Park. The 17 year old wood play structure and swing set was removed. The Parks Commission budgeted the 2006 CIP for a new swing set. The Play structure has already been replaced with a modular system. Price quotes were obtained with Miracle Recreation coming in with a low quote of$1,159.64. Person responsible: Action items: M. Bouthilet Attachments: Time Allocated: O w QJ .S W oc� A e W WO Y LbOSS NW'OMR BNVI r� Q '1555300tlVW ONV'OW'18 NH71VJMTI15 JO 713MIOO O to ySy�W c uVi f Al ]V u Z il 14 M.h fly 133NIS H1CS r 1 r 1 r I � r 1 j GG m Q ZLLJ '26LLJ u O z 1 r w m ; C� w W p J J //I U s FFR 1 C m J II f i . , 1 I ' j / 1 I I l: s , i # 3� i it * .\� LAP. ` O O y o 3 w � ��, WU UVOU ` �� 'I INN soon r- _:`nb'`h d\5 F ti i�. v-� L.E,t- 74MI LL,`p ` a .1ti - - rya • � 4� -'���S _. �7- � r� ✓ - 5� k S � - Yin ':•v Ir.f r jf tiF r_k t,u+ "*y� �z k�r4 b" - �e � 3t� s -- 7.f�,r -�✓''yi C �"Gy..nl-s:c" 4x a met ;Y 'eS�i/..� r�,r r � ?• ,a r`-----^-,.'.- _, r � � r a.,+-r�r„ 7�r? �9 �}tr 'r.. + � f +4, ,�,L - }- F l.5t0"� r�" v {;v � ex <`" 3" I ' `u ✓ �� ` v+r�' s f a r �- '.��'� is -fa a x '�����a"�-�i"' -r i I x � ; I�- 'r� �.'"ry ''i+.�dr rt �.li 51' r 1,�k ��•' ea ssa^ L• 1 .:• p � €t'i{�'�'�A �i 1 c�t a o C.,, �°r.�`C'�C3 r,�t("S'�r 7+r y �,' ,q 7�^� -*n rl, s'rc�xc .a,,�}^. K'rs''' r J'1'f'R + � s `^.• ,d v G 1 t �r� Y'� yr C y- �•� �J. .�� r 1 c � r �' �.fk.�}+���5 tiz s �7 r f �.T rpi f� 4 �.d�+`.ch ,.r i+ _ k G ' I. '�"..r �,Pi + r; r Y,.A l "a+" u x r' �"kpd hr i 7 ri t=k �Cf i_ 'F' .'l ,r C Xti ✓^ ;: 4 Ir - Ism ''+.w ,fit,• + r 3 1 e�F. F• Gc NW sw .r c- r F f t < ',S r� 1+4 rat�\y �-� <r � t�'........ vF.>• \°- x Y� `P����s��� "',..� �pe N ', M k G 5 f � k. ..w� �.� CI '+C6 a ��J I'3,� df J �� g✓�TI f' t J .� �rF �yj µ :J i J �, r�T J* ��1'a•,[�'..'Fx �'tr �'s"�'(SR'�.0.; "7 � i-S � rs'��,J�'?� �`�a'S . . - t e -ii L t "x.�rv!�,�pl` �w I� s 5, Me� erC'uxF ^• - c r, E � ""'n ��r :� �K '�_ ' r -Y}k ttz - � r+ ! "'�, r � `A '��•ro j� � ate � � 3�.rFw� is E "C r�1'�a'✓,e+�. q'r, F'J T'r ` trxn} t G �;a�n2 Cq,;7 wd: �;: ,�� f 9 fp' „'✓ I r•'r t .e y r -«: 'f`a o �,5 ry tar NO- ^ Ft '"A ✓ [ zp f " r:7 - � G 4M L iw Jt �t 'E � • . �a�lE� r � -'� � r r~' �„�;' 1� ��� -k,` �'.' � - ,� mom. - 1If �� � G �}�z�5�n"'rt+.j[ %m.YW-,Mrr• Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9A City Council May 2, 2006 Agenda Item: Zoning Variances - 8009 ITill Trail (Tachenv) Background Information for May 2, 2006: At its meeting April 24, 2006 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 (by area); and, street setback to Hill Trail. The lot area is 17,000+ square feet whe e 39,204 square feet is required for a legally non-conforming lot(which this is); and,the proposed street setback in 27.5 feet where 30 feet is required. Findings in support of these variances relate to the prc'ros- kale of the house and need for legal bedrooms, and the street setback of the existing structure being the same as proposed for the addition(27.5 feet). An important condition of approval recommended by the Commission(and staff) is that the applicant redesign and reconstructs the septic system to match the system size required for the bedroom count that will result from the house expansion—from a 2 bedroom capacity to a 3 or 4 bedroom capacity.No permit for the house expansion should be issued until a concurrent permit for the septic expansion is issued.No Certificate of Occupancy should issued until the enlarged septic is completed and functioning as designed. Person resvonsible: Action items: City Planner Motion to adopt Resolution#2006 -041 approving variances at 8009 Hill Trail based on the recommendation and findings of the Planning Commission and plans staff dated April 19, 2006, and subject to a condition related to septic system improvements. Attachments: Time Allocated: 1. Draft Resolution 2006 -041 Approving Variances 2. Draft Planning Commission Minutes of April 24, 2006 3. Planning Staff Report 4. Applicant's Documentation CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-041 A RESOLUTION APPROVING A VARIANCE TO FRONT SETBACK AND MININIMUM LOT SIZE REQUIREMENTS FOR 8009 HILL TRAIL NORTH CITY of LAKE ELMO WHEREAS, the applicants, Jason and Shannon Tacheny,have submitted an application for a variance to front setback and minimum lot size requirements for an additi n to an existing home at 8009 Hill Trail North that encroaches 2.5 feet into the front setback legally described as follows: Lots 300 thru 309, inclusive, LANE'S DEMONTREVILLE COUNTRY CLUB ADDITION, Washington County,Minnesota. WHEREAS, at its April 24,2006 meeting,the Planning Commission reviewed and unanimously recommended approval of this variance per plans presented by staff,as the same on file with the City Administrator. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lake Elmo does hereby approve the variance to minimum lot size requirements and front setback based upon the recommendation of the Planning Commission and the following Findings: l. The property cannot be put to reasonable use because the home was designed and constructed 60 years ago,well before public health and safety standards existed; application of those standards today limits the existing home to one bedroom, ands neither in character with the balance neighborhood,nor is it a reasonable use of th property. 2. The variance requested results from circumstances unique to properties where principal structures were constructed to adoption of City Zoning and Shoreland Regulations, and the circumstances of the variance were not created by the applicant in that context. I Granting of the variance will not change the essential character of the neighborhood. And conditional upon the approval of a new septic design prior to the issuance of a Building Permit. ADOPTED, by the Lake Elmo City Council on the 2"d day of May, 2006. Dean Johnston,Mayor ATTEST: Martin Rafferty, City Administrator Excerpt DRAFT Planning Commission Minutes of April 24, 2006 � Variances: 8009 Hill Trail PUBLIC IIEARING: Variance-8009 Hill Trail The Planner presented the variance application for front yard setback and minimum lot size. The applicant proposes an addition to an existing home of three or four bedrooms with a second story. The existing home encroaches 2.5 feet into the front setback. City records reveal the septic system was installed through the 201 Program in 1985 and it is sized by volume for a two bedroom home. Impervious surface coverage standards are met,even with the addition. The Planner said the lot size variance request is comparable to other requests the city has heard from within this neighborhood. He said it is a neighborhood of very small non- conforming lots as compared to current zoning standards, and the proposed addition expands the non-conformity for this property. He said City records indicate the house was constructed in 1945 with several remodels and upgrades but no enlargement. The Planner explained that over the passage of time, standards have been adopted for what constitutes a legal bedroom and one of the two bedrooms originally constructed is not legal. The Planner said the introduction of the City's Shoreland Ordinance and Zoning Code created the property's non-conformities. The Planner said he recommends approval subject to an approved septic system redesign before the building permit is issued to match the number of legal bedrooms this home will have. Jason Tacheny,Applicant Mr.Tacheny said the house currently has one bedroom and three children and that is a hardship for the entire family. The Zoning changed after the house was built. One bedroom is not to Code due to inadequate.egress along with a circuit box in that room. He said he has a certified septic design prepared that is sized for four bedrooms. He noted that the addition encroaches only 2.5 feet into the front lot setback. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:15 P.M. Nobody spoke. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:16 P.M. M/S/P,Armstrong/Fliflet to recommend approval of variances for front set back and lot size minimums for the construction of an addition to the home at 8009 Hill Trail based on three Findings: 1. The property cannot be put to reasonable use because the home was designed and constructed 60 years ago,well before public health and safety standards existed; application of those standards today limits-the existing home to one bedroom, an this neither in character with the balance neighborhood, nor is it a reasonable use of the property. 2. The variance requested results from'circuznstances unique to properties where principal structures were constructed to adoption of City Zoning and Shoreland Excerpt ®DAFT Planning Commission Minutes of April 24, 2006 Variances: 8009 Hill Trail Regulations, and the circumstances of the variance were not created by the applicant in that context. 3. Granting of the variance will not change the essential character of the neighborhood. .And conditional upon the approval of a new septic design prior to the issuance of a Building Permit. Vote: 9:0. LAKE ELMO PLANNING COMNIISSION STAFF REPORT Date: April 19,2006 for the Meeting of April 24, 2006 Applicant: Jason& Shannon Tacheny Location: 8009 Hill Trail Requested Action: Zoning Variances-Lot Area and Street Setback Land Use Plan Guiding: SRD Existing Zoning: R-1 (Shoreland Overlay) Site History and Existing Conditions: Washington County Assessor records indicate that this home was constructed in 1945 and today contains a total of 1,148 square feet of living area. There have been numerous building permits issued for replacements, remodels, porch and new detached garage since City records have been kept on this address. A single user 201 septic system was installed on the site in the mid- 980's along with several other sites in the Tri-Lakes and Old Village areas. County records reveal the site area to be 17,629 square feet. Discussion and Analysis: The applicants propose construction of a 2 story addition to the east end of house of approximately 1100 square feet which we understand will be utilized for a family room (ground level alnd 3 additional bedrooms (second story). The applicant states that the existing house floor plan only includes one legal bedroom. The applicant's plan for the addition is not compliant with R-1 or Shoreland standards as follows: 1. The site area is substantially non-conforming with the "pre-existing parcel" area standard of both R-1 and Shoreland—39,204 square feet required, and 17, 629 square feet existing. 2. The addition would be located 27.5 feet from the street property line on Hill Trail. R-1 standards require a minimum 30 foot street set back. The applicants have suggested that the "hardship" here relates to the size of their family and the lack of sufficient bedrooms to properly house a family of that size. While that does not constitute a hardship alone (except a self-imposed hardship), a single family detached home with only a single legal bedroom (which likely was 2 legal bedrooms under 1945 codes — if any applied) could be considered a hardship for any property owner. The street setback proposed (27.5 feet where 30 feet is required) exactly matches the e 'sting setback of the 1945 house footprint. No additional encroachment to Hill Trail will result. As is often the case with properties in the Hill Trail neighborhood, site area is seriously below current R-1 and Shoreland standards — even by applying the "pre-existing" parcel clause of the Zoning Ordinance. Seldom is there a reasonable option available to increase the parcel area—as is the case here. Where this has been the case in recent variance applications (most of which have been riparian to one lake or another) the City has generally looked to a Finding of whether the house addition, or new house, would be in keeping with the area of the site and other homes in the immediate neighborhood as to scale--a reasonable use. A second factor that must be considi red is the impervious coverage of the site that will result from the home addition or new home. 'Within the Shoreland overlay this is limited to 15% or 6,000 square feet—whichever is ,rg eater. The septic system design capacity should be a factor as well where an increase in the be oom -count is proposed--- as it the case here. From City records it appears that the 201 system serving this residence was designed for 2 bedrooms. Should these variances be approved, the system must be enlarged to a 3 or 4 bedroom capacity. Findings and Recommendations: Based on the foregoing staff suggests that the following mandatory Findings are appropriate 1. The property can not be put to reasonable use without the granting of the variance requested. The subject residence was designed/constructed 60 years ago — well before public health/safety standards existed. Application of those standards today limllts the existing residence a 1 bedroom, which is neither in character with the balance of the neighborhood nor is a reasonable use of the property. 2. The variance requested does result from circumstances unique to properties where principal structures were constructed prior to adoption of City Zoning and Shoreland Regulations; and, the circumstances of the variance were not solely created by the applicant in that context. 3. Granting of the variance will not change the essential character of the neighborhood.' The foregoing Findings support a recommendation for approval of the variances requested. Planning Commission Actions Requested Motion to recommend approval of variances for lot area and street setback at 8009 Hill Trail based on Findings of the Planning Staff Report of April 19, 2006, and plans staff dated April 19� 2006 subject to a condition that the septic system be upgraded to a 3 or 4 bedroom capacity concurrently with the house addition. Char es. Dillerud, City Planner Attachments: 1. Location Map 2. Applicant's Documentation 1 1 1• �\ c� 7 % DEMONTREVILLE PARK \ \ qa j RiW ROW M W MN 131 - I31x r3ax ra, 53a k \ Ti9N rsrl \\ LAKE DEMONTRE4/1 rsx rsN . 1 3 Mid r_,r, r i t,S P-11 mow i YJ ! j 1 LAKE DEMONTREVILLE i Vicin Map LAKE DTT EMDNT 1 � - 1 y e LAKE DEMONTF o 600 a 5cafe in Feel DLSDN LAKE OLSON t LAKf y� i.� app�re„�no�Wl,eo15,9�orr m��Iv��na>Vaneu�emr»e�l� '• ` respOn9lbl¢b! nm'Ltrt8CB6. Location Map � (Wes;,, c s reoho� City of Lake Elmo - Planning Department 3 800 Laverne Ave. N Lake Elmo, MN 55042 Jason and Shannon Tacheny 8009 Hill Trail North Lake Elmo, MN 55042 Re: Development Application Form Property Location (address and complete (long) legal description): 8009 Hill Trail North Lake Elmo, MN 55042 Lots 300-309 Lanes Demontreville Country Club Property Id Number: 0502921440036 Property IPA#: 0502921440036 Detailed.Reason for Request: Existing front of structure is 27 %"feet+or-5" from lot line. We would like to put an addition on our home so that we can have more bedrooms. Variance Request: Our house currently has only 1 bedroom; we have three children that don't have rooms of their own. This is a hardship for us,not only having no room to put our children,but not enough space in our house to accommodate for a family of five. The zoning was changed after the house was built; we only have one bedroom that is up to code. 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"--� yr: -•i,.Gr a fi. •'�. �*srt: �#,•. a-. ,,a-. :ti ;.. f tf r^S,t. -i ahGf•.^v .._. .��.,...�.�f�l.ST�a' '��,r ,.o'� �e-'-'. �:�r:-.§ ..�.<f _ �cerF��:,.r,s_e�. - ,. ._3-_..,a? :t,?,t,�«ram,•-.t..nc....-,�c,:..a „_.. _,..,s. ..,..i l4. ., ,x •> .., c ,,.,, ,. - r ,:, lef/" j{� I &gC/ (�d a / d of -! CERTIFICATE OF SURVEY !`---- FOR: JASON TACHENY g TR 14iLt :'rQEET ��3" PROJECT LOCATION AIL . = __ lruMinioUsOR 8009 HILL TRAIL NORTH SET P.K. NAIL99` LAKE ELMO MINNESOTA , f, I: , f MINOLIS _. .,...__— _ 0.10 MEAS . !` BITUMIIOtyS ° u. PLAT a `� 3 20 T ""w \ i to i // I •",•,,.,c,., •__.___ \ 1 \ f I\ ,8 \\�{ •` ',� N � ;�;fF;x,• FOUND 3y8 I N '\/ I i°� IRON PIPE AT { ,;",' , �,,,�•1'�,� NORTH _ f ` _ I ($) f 119 r LOT CORNER 010 Q 2q.3 9---- " ✓, ✓1 ✓, ,, � .I!ir�✓,ir✓.' ,e �., ^ter •,.,°r, r i > .ljJffp w/1'1r-7JT'7-j `/ '%/ ! I { •f / / / /!/ i/ 9' r r, r, �� r ,r/ ,• �,. ISTI , „ CATCH BASIN f. ''" HYDRANT i I ., ,.......M.. j USE- r'''r �J p SIGN EXIdrIN I .. ' c� o G �, /, r o t• WATER VALVE �I a: a ° r � '` i, 4�� r ^��'�i% � a �, UTILITY POLE AGE o '/..�� / "� �,f kf : � f ,f � ,'rr �:''�;f�,;�,,,✓5;;'/ - �'�,. LIGHT POLE TELE/ELEC BOX �� `t ��'✓' '„ , r, �r <I. m� aEC D D0�'�� i ADDITION GAS VALVE Iq.l ` --- I • r- "`[�i ' ''/'''� �� '� �.•� .,, °.. . • a . . .. �~ --- 22.2' <.,.;........ OVERHEAD WIRES •. E A. WELL w fEr } Ys2r1 ' . MANHOLE CULVERT GAS METER f ....... I 20•05 MEANS. � 8...,•...I- � „� ._..',.. ._ FENCE 20.00 PLAT. _ CONCRETE • 200.51 / ) ® DENOTES FOUND IRON PIPFOUND E N90�00'00"E PQ�� /�✓ FOUND 3/5" 1 /2 IRON PIPE LOT CORNER ` � �_LOT CORNERIRON PIPE I o DENOTES SET 1 /2" IRON PIPE MARKED RLS 25718 r, r, r- ✓, r, r. ., ✓, r ✓, ri r, ✓ r, ✓, ✓, r AI I I r - ✓ I Suite#B100 ,A l hestnut Street200 East C., I I i I I E I I I I I Stillwater, MN 55082 Phone 651.275.8969 AREA SUMMARY: NOTES: EXISTING LEGAL DESCRIPTION Fax 651.275.8976 dlt-csls@ TOTAL AREA = 6,632 SQ. FT. UNDERGROUND UTILITIES NOT LOCATED OR SHOWN. (as provided by the owner) mcleodusa.net EASEMENTS, IF ANY, MAY EXIST. THERE WAS NO EFFORT Lots 300 thru 309, inclusive, LANE'S DEMONTREVILLE CERTIFICATION: MADE TO RESEARCH RECORDED OR UNRECORDED COUNTRY CLUB ADDITION, Washington County, Minnesota, EASEMENTS. 0 20 40 I hereby certify that this survey, plan or report was prepared by me BEARINGS SHOWN ARE ASSUMED. or under my direct supervision and that I am a duly licensed Land CONTOURS SHOWN ARE FROM WASHINGTON COUNTY Surveyor under the laws of the_51ne of Minnesota. ORTHO PHOTO DATE APRIL, 2000. \ (,� Z UCORNERSTONE DANIELL. R ES REV. 7-12-05 ADD PROP,ADDITION. SCALE: I INCH = 20 FEET LAND SURVEYING, INC License. No. 25718 ate 7-5-05 IV 4 7_11h. 727 7 !1!� 4i,: o l d o it 7-0 F k_4; b" ,��, .Ir a go 14 15 LEG y 8�1 M Cl-Ex.SEP TIC TANKDRY v CQ-Ex,WELD ELL ` oT>� (3 —-_ NNE -PROPSEPT O DRAINFIEL D k r. 0 PR o oRarNpiE�o 1STATION �`"A`i'jp� � K, '4Nk PRaP ° 'eax CO�,�;1' �t U1v llM -pCRCOCA�pN�T RG E P �." PUM.p SOIL PIPE j, C(: [� 'go LOCATION CTTC 4 �tU1�+�/ `t�. PROP, MaUN YSTEMlN� -� M-r ' 5 �„ AY Lit - H E V St:tuNrr ►'1O RA LD S, DCl'V eY NF pgCt'nrrr r r rC�*CXF, C, ft,,W,�'S pyaE'v p - OS row NO s ARCHITECTS NOA�qy OUVA ALL, 1�0 pLANNEps Of lArESCORPOR+R4rEd SA,lg r PAU Q.St�WL t�p L "41YESOrA L FpClllt�g�-•�., ok� Elrri® , ��P�OVgm; A Pra•�nt �irnnesoty ants 2 -7 rvo. F C7 S�ITS 8064 r f4✓ Kimberly Anez n' T o: Jim Mcnamara Subject: FW: 8009 dill Trail -Original Message----- f () From: Thomas D. Prew [mailto:prew.td@L�kda.com] �'� , r , Sent: Wednesday, March 22, 2006 12:34 PM „ To: Kimberly Anez VJ , N Cc: Jim Mcnamara '� ' r , d Subject: RE: 8009 Hill Trail �a � � •�� _ 3i `� ; d Kim 4j �* The septic was designed for 3 bedrooms in 1988. Additional bedrooms and of er fixtures will require expanding the drainfield and possibly the septic tank. Jim should r view this. Soil shows high mottling. Tom From: Kimberly Anez [mailto:kim.anez@lakeelmo.org] Sent: Wednesday, March 22, 2006 12:15 PM To: Thomas D. Prew Subject: 8009 ?sill Trail Hi, Tom! We have another remodel request on Hill Trail at 8009. This time, the guy wants o add three bedrooms and "convert" an "existing bedroom" to a den area. He says the el ctric panel closet and the size of the window to outside means it cannot be counted as bedroom, however, the county assessor web site says there are two bedrooms. In either case, he wants to add three bedrooms. His address file shows part of the 201 system. Number 7277, sheet 38 of 107 sheets, commission number 8064, signed by Larry Bohr .r. Notes say: Connected to Orangeberg Building Sewerl 12 feet from septic tank. Installed 1250 gal. septic tank. 500 gal. pump station with 1/3 h.p. pum. 2 inch thick insulation der driveway. Constructed 661 s.f. of 3 feet wide trenches with 2 feet of rock under ipes. Can he add on any bedrooms? Would we consider him as adding three or only two be roams (assuming what he is telling me about Code being true)? Pumping records show pretty good maintenance, pumping every two to three years. Whether he needs a variance or not, we still need to know he has the capacity to add this many (how many?) bedrooms, right? Kim Kimberly Anez City of Lake Elmo kim.anez@lakeelmo.org 1 Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9B City Council May 2,2006 Agenda Item: Permission for Temporary Office Trailer—Lake Elmo Pines Background Information for Mav 2 , 2006: We have attached a letter recently received from the new operator of the golf practice facility on Keats Avenue formerly known as Mulligan Masters. There have been ownership/control issues with this facility over the past two years—resulting in the closing of the facility in 2005 after the former operators had made extensive improvements to the site. One condition of the original Site Plan approval for this facility was that the then owners/operators be permitted to bring in a temporary office during the first year of facility operations—one year. The Site Plan depicts a permanent office facility/club house that would have been constructed in 2004—had the ownership issues not cropped up. While the current operators have made no commitments regarding the permanent club house (no can they under what appears to be a relatively short term operating arrangement) it is reasonable to assume that success of the facility under the new operators should lead to such a commitment(and construction) in the future. Staff recommends the Council approve a temporary office/clubhouse at Lake Elmo Pines—to be removed(and permission suspended)by November 15, 2006. This should give the new operators an opportunity to rebuild the business without a large front end capital commitment. No future extensions are implied. Person responsible: Action items: Motion to approve amending the Mulligan Masters Section 520 City Planner Site Plan approval to permit a temporary office/clubhouse facility similar to that previously approved to be removed by'November 15, 2006. Attachments: Time Allocated: 1. Lake Elmo Pines Letter 2. Previously approved Mulligan Masters Site Plan *4 Lake F-60 Fines Golf Course Fracl ce Facility April 14,2006 Chuck Dillerad City Planner City of Lake Elmo 3800 Laverne Avenue North Lake Elmo,MN 55042 Dear Mr.Dillerud: RE: A Temporary Structure(Trailer)at the previous Mulligan Masters Golf Facility My husband and I,John Means,will be leasing the facility from the Board of Investors for Mulligan Masters. We have renamed the facility,Lake Elmo fines Golf Course&Practice Facility to better reflect where it is and what we are trying to accomplish for the area. Rich Hiner removed the previous trailer last fall when it was closed by the board It is not possible to properly run the facility without some type of enclosed structure. Therefore,we are asking to set a temporary structure,trailer,just like the previous. We will have it removed by November 15,2006 if not sooner,depending on the fall weather. We are not requesting to build a structure at this point in time because of the fact that we are only leasing. We are asking for the approval of the temporary structure to be extended from the previous agreement between the facility and the City of Lake Elmo. Thank you very much for your consideration. Mindy Means Construction trailers Office trailers and mobile offices Wage 1 ofz As All Oift" Office and construction Trailers Request a Quote on a Mobile Office! Rent,lease or buy any portable trailer to serve as your: : 3 • Construction Trailer 8241 Mobile office € ` " . Sales Office w o . DOT Approved Laboratory .,, .. Portable Storage . 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After lengthy discussion at both the Commission and Council the City amended the exterior performance standards for all commercial zones. Since the structures that would likely be found in the PF zoning district would be of the same general scale/character as those of the commercial districts, it was clearly the intent in 2002 that those same performance standards be applied to the PF district as well—which did not happen, it appears. At its meeting April 24, 2006 the Planning Commission conducted a Noticed Public Hearing to consider correcting that oversight by amending the PF district to repeal the "old" standards, and adding the same new performance standards as found in all of the commercial zoning districts as a result of the 2002 amendments. Following the Hearing (no Public testimony) the Commission unanimously adopted a recommendation to amend the PF district text to substitute the new performance standards for those now appearing. Person responsible: Action items: Motion to adopt Ordinance#97 — 168 Amending the Performance City Planner Standards of the PF Zoning District. Attachments: Time Allocated: 1. Draft Ordinance #97 - 168 Amending PF District Text 2. Draft Plarming Commission Minutes of April 24, 2006 CITY OF LAKE ELMO WASHINGTON COUNTY,Mll NESOTA Summary of Performance Standards in the Public Facilities Zoning District Section 300.07 Subd. 4.M.6 On May 2,2006,the Lake Elmo City Council adopted 97-170 and by 4 affirmative votes, approved the publication of a summary of the ordinance. A complete copy of Ordinance 97-170 is on file in the office of the City Administrator and can be viewed by the public during business hours. Section 1.Amendment: Section 300.07, Subd,4.M.6. and its subdivisions are hereby summarized as follows: 4. Performance Standards a. Purpose and Intent b. Architectural and Site Plan Submittals c. Applicability—Structure Additions and Renovation d. Performance Standards—Primary Exterior Surfacing e. Performance Standard—Exterior Surfacing Accents f Performance Standard—Accessory Structures g. Performance Standard-HVAC Units and Exterior Appurtenances h. Performance standard—Visible Roofing Materials i. Applicability---New Construction Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator ADOPTED by the Lake Elmo City Council on the 2nd day of May, 2006. Published in the Lake Elmo Leader on the day of __2006. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 97-16 8 AN ORDINANCE AMENDING THE LADE ELMO MUNICIPAL CODE SECTION 300.07, SUBD. 4.M.6. AND ITS SUBDIVISIONS RELATING TO ARCHITECTURAL PERFORMANCE STANDARDS IN THE PUBLIC FACILITIES ZONING DISTRICT Section 1. Amendment: Section 300.07, Subd. 4.M. 6. and its subdivisions are hereby amended to read as follows: 4. Performance Standards. a. Purpose and Intent It is the purpose and intent of the City, by the adoption of the performance standards of this subdivision,to ensure commercial buildings constructed within the City are of a high quality of exterior appearance, consistent with the terms of Non-Residential Development Policy 95 of the 2000-2010 Lake Elmo Comprehensive Plan. It is the Finding of the City that a limited selection of primary exterior surfacing materials meets this standard of quality. It is the further Finding of the City that several specific exterior surfacing materials are appropriate, and of sufficient quality,to be utilized only as accent materials in varying percentages. The variations of percentage of specific accent materials relates to a Finding by the City as to the relative quality and rural character of those respective accent materials. b. Architectural and Site Plan Submittals New building proposals shall include architectural and site plans prepared by registered architect and shall show the following as a minimum: i. Elevations of all sides of the buildings, ii Type and color of exterior building materials, iii Typical general floor plans, iv Dimensions of all structures, v Location of trash containers,heating, cooling and ventilation equipment and systems, c.Applicability—Structure Additions and Renovation Additions to existing structures resulting in an increase of gross floor area of the structure of less than 100%; and/or installation of replacement exterior surfacing any portion of an existing structure shall be exempt from the standards of this subdivision where it is found that the new or replacement exterior surfacing proposed is identical to that of the existing structure. Where additions to an existing structure result inan increase in the gross floor area of the existing structure of 100% or greater, the entire structure (existing structure and structure addition) shall be subject to the standard of this subdivision. d. Performance Standards—Primary Exterior Surfacin The Primary Exterior Surfacing of structures shall be limited to natural brick, stone, or glass. Artificial or veneer brick or stone shall not qualify as complying with this performance standard. Primary Exterior Surface shall be defined as not less than 70% of the sum of the area of all exterior walls of a structure nominally perpendicular to the ground. All parapet or mansard surfaces extending above the ceiling height of the structure shall be considered exterior surface for the purposes of this subdivision. Windows and glass doors shall be considered a primary surface, but the sum area of such glass shall be deducted from the wall area for purposes of the 70%Primary/30%Accent formulas of this section. Doors of any type or material, except glass, shall not be considered a primary exterior surface. Each wall of the structure shall be calculated separately; and,individually comply with the 70/30 formula. e. Performance Standard—Exterior Surfadng Accents Not more than 30% of the exterior wall surfacing, as defined by paragraph D above may be of the following listed Accent Materials,but no single Accent Material, except natural wood, may comprise more than 20% of the total of all Accent Materials; and no combustible materials shall be used: i. Wood Siding ii. Cement Fiber Board iii. Standing Seam Metal iv. Architectural Metal V. Stucco vi. Poured in Place Concrete (Excluding"tilt-up"panels) vii. Architect Metal Panels or Sheets viii. Porcelain or Ceramic Tile f. Performance Standards—Accessory Structures All accessory structures shall comply with the Exterior Surfacing requirements specified by this subdivision. g. Performance Standard—HVAC Units and Exterior Appurtenances All exterior equipment, HVAC and trash/recycling and dock areas shall b screened from view of the public with the primary exterior materials used on the principal structure. h. Performance Standard—Visible Rooting Materials Any roofing materials that are visible from ground level shall be standing seam metal fire-treated cedar shakes, ceramic tile, clay tile, concrete or slate. i. Applicability—New Construction The standards of this subdivision shall be applicable to all structures and buildings constructed in the City, on and after the effective date of this subdivision. The performance standards of this subdivision shall not be in any manner minimized by subsequent Planned Unit Development Plans or Agreement. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Dean A. Johnston,Mayor ATTEST: Martin J. Rafferty, City Administrator ADOPTED by the Lake Elmo City Council on the 2'd day of May, 2006 Excerpt DRAFT Planning Commission Meeting Minutes 1 Architectural Performance Standards-PF Zoning District PUBLIC HEARING: Architectural Performance Standards--PF Zoning District The Planner prepared a draft of the performance standards identical to what is found in other zoning districts. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:51 P.M. Nobody came forward to speak. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:52 P.M. M/SIP, Ptacek/Pelletier,to add Architectural Performance Standards in the PF Zoning District because the Planning Commission intended it to be included in the Code when originally brought forth for other zoning districts. Vote: 8:1,Nay-Deziel: Opposed original architectural standards. Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9D City Council May 2,2006 Agenda Item: Rockpoint Church—Section 520 Site Plan and Zoning Variance Background Information for MaN, 2, 2006: At its meeting April 24, 2006 the Planning Commission conducted a Public Hearing regarding a variance for the height of sidewall for this proposed church structure of 50,000+square feet on a 20 acre site. The Commission had previously (April 10, 2006) first considered the Section 520 site plan for the facility, and had tabled the application pending proper Notice regarding the variance matters that had been noted in the Planning Staff Report of March 23. Of the four variance issues raised by staff,the applicant modified the site plan to mitigate one; one was determined not to be a variance following review by the City Attorney of Code provisions, and a third may have been resolved by Council action earlier on this agenda (exterior performance standards in the PF zone). That leaves the sidewall height variance which the Commissi-n recommends for approval, together with the Section 520 Site Plan. No building permit can be issued for this project until a Final Plat has been recorded. Person responsible: Action items: City Planner Motion 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 20, 2006. Motion to adopt Resolution#2006—043 Approving a Site Plan for Rockpoint Church per plans staff dated April 20, 2006. Attachments: Time Allocated: 1. Resolution#2006—042 Approving Variance 2. Resolution#2006—043 Approving Site Plan 3. Draft Planning Commission Minutes of April 24, 2006 4. Planning Staff reports 5. Applicant's Documentation and Graphics CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-042 A RESOLUTION APPROVING A VARIANCE TO HEIGHT OF SIDE WALLS FOR ROCKPOINT CHURCH CITY of LAKE ELMO WHEREAS,the applicants, Lakewood Evangelical Church and Patrick Kinney, have submitted an application for a variance to allow side walls of the new Rockpoint Church to be a maximum of 49 feet in height;AND WHEREAS, at its April 24, 2006 meeting,the Planning Commission reviewed an unanimously recommended approval of this variance per plans presented by staff,as the same on file with the City Administrator. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lake Elmo does hereby approve the variance to side wall height based upon the recommendation of the Planning Commission and the following Findings: Rockpoint Church to allow side walls of the structure to extend to a maximum of 49 feet based on the following Findings: 1. The property cannot be put to reasonable use without the granting of the variance requested. The proposed side wall height variance applies to only a portion of the building and relates to utilizing the site contours as they appear naturally and minimizing the impervious coverage of the site by creating floor area vertically rather than horizontally. 2. The variance requested results from circumstances unique to this Place of Worship use and the physical characteristics of the site. 3. Granting the variance will not change the essential character of the neighborhood. 4. In addition,the need for the variance arises due to the walk-out nature of the lot,that the intent of the Ordinance probably was not to preclude such a structure, and the neighboring homes this church might affect will be moving in after the church is b ing built so they will be aware of it before they move in. ADOPTED, by the Lake Elmo City Council on the 2r'd day of May, 2006. Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-043 A RESOLUTION APPROVING A SITE PLAN FOR ROCKPOINT CHURCH WHEREAS, at its April 24, 2006 meeting,the Lake Elmo Planning Commission reviewed and unanimously recommended approval of a Site Plan for Rockpoint Church, AND WHEREAS, at its May 2, 2006 meeting, the Lake Elmo City Council reviewed the Site Plan for Rockpoint Church. NOW, THEREFORE BE IT RESOLVED, that the Lake Elmo City Council approves the Site Plan for Rockpoint Church in accordance with plans staff dated Ap '1 24, 2006. ADOPTED BY THE LAKE ELMO CITY COUNCIL on the 2nd day of May, 2006. Dean A. Johnston,Mayor ATTEST: Martin J. Rafferty, City Administrator Excerpt DRAFT Lake Elmo Planning Commission Meeting Minutes of April 24, 2006 Rockpoint Church PUBLIC HEARING: Variance-Rockpoint Church The Planner said there are two items for the church tonight. The variance is for four things one is for the parking area and the applicant has relocated it to meet setbacks so the variance for that is now unnecessary, second is height of sidewall,third is height of the steeple, and fourth is exterior surface materials. The Planner spoke with the City Attorney regarding steeple height,the original provision for height in our Code was designed for an unoccupied area. Later adoption of the PF Ordinance modified the provision that pre-dated it, so the City Attorney said the applicant does not need a variance for the steeple. Performance Architectural Standards were adopted in many Zoning Districts and accidentally left out of the PF Zone. That hearing to modify Performance Standards in the PF Zone will be heard later tonight. That leaves the variance for sidewall height. The applicant's architect provided drawings to show another roof line and to remove the lower level windows. The Planner said this is a unique site and a mansard roof does not appear very church-like. He said that artificially closing the walk-out lower level seems to be unreasonable. The Planner said that a hardship for reasonable use can be made here so staff recommends approval. Richard Stuhlman,BWBR Architects Mr. Stuhlman presented a 3-D model of the church as originally designed. He said the largest portion of the building faces the trees. He also presented a site plan to show the church orientation on the site. He said it is several hundred feet from the church to the easterly property line. There are trees to the east on the property line but some on neighboring property. Mr. Stuhhnan said in trying to force a solution to dispense with need for the variance, the building appearance does not really change very much for passersby and neighbors. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:35 P.M. Nobody spoke. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:36 P.M. M/S/P, Fliflet/Pelletier to recommend approval of a variance for Rockpoint Church to allow side walls of the structure to extend to a maximum of 49 feet based on the following Findings: l. The property cannot be put to reasonable use without the granting of the variance requested. The proposed sidewall height variance applies to only a portion of the building and relates to utilizing the site contours as they appear naturally and m;n;m;�.. g the impervious coverage of the site by creating floor area vertically rather than horizontally. 2. The variance requested results from circumstances unique to this Place of Worship use and the physical characteristics of the site. 3. Granting the variance will not change the essential character of the neighborhood. Excerpt DRAFT Lake Elmo Planning Commission Meeting Minutes of April 24, 2006 Rockpoint Church 4. In addition.,the need for the variance arises due to the walk-out nature of the lot, that the intent of the Ordinance probably was not to preclude such a structure, an the neighboring homes this church might affect will be moving in after the church . is being built so they will be aware of it before they move in. Vote: 9:0. Commissioner Ptacek suggested review of the Code for walkout buildings. Site Plan: Rockpoint Church MIS/P, Deziel/Schneider to take from the Table the Site Plan for Rockpoint Church and. recommend approval based upon staff review. Vote: 9:0. LAKE ELMO PLANNING COABUSSION STAFF REPORT Date: April , 2006 for the Meeting of April 24, 2006 Applicant: Lakewood Evangelical Free Church Location: Southeast Quadrant of Keats Avenue and State Highway 36 Requested Action: Zoning Variance—Sidewall Height Land Use Plan Guiding: PF Existing Zoning: PF Site History and.Existing Conditions: On April 28, 2005 the City Council approved several concurrent applications related to the 20 acre site for which this Site Plan is here presented. Regarding this site, the City approved a Preliminary Plat creating the site and the public road that would serve the site; a Comprehensive Phan Amendment changing the classification of the site from RAD to PF, a rezoning of the site from RR to PF; and a Conditional Use Permit for a church facility on the 20 acre site. No Section 520 Site Plan was approved at that time, however. An OP Concept Plan was also approved Ir the balance of the overall 108 acres owned by the applicant by a separate action. Subsequent to the 2005 approvals Valley Branch Watershed District issued a grading permit for the north portion of the 108 acres site (including the subject 20 acres and public street). The City Engineer also reviewed and approved the installation of water main in the public street. That installation was inspected during construction by City consultants, and 'includes trunk water main needed by the City for system looping purposes The City Engineer is now preparing plans and specifications to extend City water main from the Sanctuary neighborhood to the Discover Crossing neighborhoods and then to this site during 2006. The Planning Commission first considered a site plan for the 50,000+ square foot Rockpoint Church facility on April 10, 2006. That application was tabled pending proper variance hearing Notice when it was discovered by staff that there were four implied variances from PF or other zoning standards—exterior materials, sidewall height, steeple height, and parking setback. Discussion and Analysis: Since the April 10 Planning Commission meeting two of the four variances noted have ceased to be required and/or requested. The applicant has submitted revised site plan eliminating the parking setback issue; and, the staff has conferred with the City Attorney and secured his opinion regarding the internal Zoning Ordinance standards conflict related to the steeple height. The fourth variance — exterior materials — is also addressed by another Hearing on the April 24 Planning Commission agenda that, if adopted, would amend the PF district standards to incorporate the same architectural performance standards as were adopted for the commercial zones in 2002. The City Attorney has advised that the apparent conflict between the general height 3imitation found in Section 300.12 of the ordinance (likely a 1980 vintage standard), and those that were adopted specifically f6i the PF district in 2000 should be viewed in terms of both intent and timing. It was clearly the City's intent in the 2000 PF standards to address places of worship (and their special architectural needs related to symbolism). Since those special standards also clearly post date the general standard of 300.12 it is the PF standard that is applicable. No variance is required for the steeple/cross proposed by the Rockpoint site plan. Staff has previously advised the Commission that the 2002 application of the amended architectural performance standards should have been extended to the PF zone as well al the commercial zones — and we thought it had been when during earlier advice the applicants The Rockpoint site plan is responsive to those 2002 standards. If the Code amendment to extend.those standards to PF is recommended by the Planning Commission on April 24 and adopted by the City Council on May 2, no variance or modification of exterior surfacing will be required on the Rockpoint site plan. Assuming the foregoing, the only remaining variance is that for sidewall height. The PF standard for sidewall height is 35 feet. The Rock-point site plan proposes a widely varying sidewall height (depending on where and which side of the building is measured). There are locations where the sidewall height ranges up to 49 feet. By a March 29, 2006 letter from the Rockpoint architects (BWBR) the applicant has presented its case for hardship based primarily on the physical characteristics of the site. Findings and Recommendations: The Commission should be aware that staff had previously advised the applicant's consultants/architects that there would be a height compliance issue with the plan they had brought to a pre-application meeting with staff. The applicant argues (by the March 29, 2006 letter) that the efficient site utilization dictates the "extra" finished level of the building, and that dictates the sidewall height proposed. Clearly the actual site chosen (from an initial 108 acres of "choices") would suggest the "walkout" design proposed. Clear also is the applicant's argument that, by adding the extra level to the'building, impervious coverage of the site is reduced from what it would be should the building's "prop am" be built without the extra level. The single question that results appears to be whether that argument constitutes a hardship in terms of the reasonable use of the property. Given this is a unique structure to Lake Elmo by any measure, and the overall characteristics of the site and its relationship to surrounding lands, staff suggests that the sidewall height proposed does constitute a reasonable use of the property, and the following findings are suggested: 1. The property can not be put to reasonable use without the granting of the variance requested. The proposed sidewall height variance applies to only a portion of the building and relates to both utilizing the site contours as they appear naturally and minimizing the impervious coverage of the site by creating floor area vertically rather than horizontally.' 2. The variance requested does result from circumstances unique to this Place of Worship use and the physical characteristics of the site. 3. Granting of the variance will not change the essential character of the neighborhood. These Findings and recommendation assume that the amendment to the PF performance standards will be recommended by the Planning Commission and adopted by the City Council thereby removing the variance action for exterior surfacing. Piannin- Commission Actions Requested: Motion to recommend approval of a variance for the Rockpoint Church to allow sidewalls of the structure to extend to a maximum of 49 feet based on the Findings of the Planning Staff Report of April 20, 2006 d per plans s ff dated April 20, 2006. Charles L. Dillerud, City Planner Attachments: l Applicant's Documentation and Graphics LECEIE B W B R APR 9 5 10 ARCHITECTS March 29, 2006 Mr. Chuck Dillarud i Planning Department City of Lake Elmo 3800 Laverne Avenue Lake Elmo,Minnesota 55042 Re: Variance Recluest Rockpoizzt Church Architecture• Interior Design Lake Elmo,Minnesota BWBR Commi sion No.: 2005.091.00 Dear Chuck and Members of the Planning Commission: As a result of the Commission's action to table the final site plan submittal ai last night's meeting(March 27, 2006), I am writing to request variances for the items noted in the Lake Elmo Planning Commission Staff Report dated"March 22, 2006, for the meeting of March 27, 2006". In regard to the "Discussion and Analysis"section,we have the following comments: • Item No. 1: No comment. • Item No. 2: Submittal documents and construction drawings will,be modified to correct parking setback. a Item No. 3. No comment. ■ Item No. 4: It is our understanding that it is the Planning Commission's intent to amend the PF Zoning requirements to match exterior materials performance standards of the commercial zoning district,which would allow approximately 20% of the exterior surface,proposed to be pre- finished architectural grade metal. In the interest of tune and uncertainty as to when this amendment would be considered,we hereby request that a variance be accepted and approved to allow the exterior walls of the proposed church building be clad and trimmed with approximately 20%0 architectural metaL The project scope and scale is very much of a commercial nature, and in keeping with those types of material usage. The hardship is only that it was only an oversight by the City that the PF ordinance was not amended along with the business/commercial zone Lamson Commons ordinance when that was modified. 390 St.Peter Street,Suite 600 Item No. 5: The structural side wall on the southeast exterior wall of the church exceeds 35'iu height. The wall.in question has a sloping roo£I Saint Paul,Z 55102-1996 edge varying from 40' to 49'above grade (see elevation 1C/513,.Partial 651.222.3701 Exterior Elevation). We hereby request a variance to allow this condition fax 657..222.8961 to exceed the 35'maximum in this location considering the following reasons: www.bwbr.com G:\0509100\Admin\I.etter\2006-0328 DiBi d Vadan®Reque dx Mr. Chu-IK.`Dillarud a Planning Department City of Lake Elmo March 29,2006 Page 2 ❑ The site surrounding the church and neighborhood is made up of rolling hills,a mature, heavily forested area to the south of the building. The east property line is over 600'—two football fields, from the building's east wall. All other walls of the builcling are under the 35'height maximum, again the exception being the, east/southeast wall of the Sanctuary. o To be sensitive to the site, the church chose to place program space under the Sanctuary to minimize the footprint of the building. The position of the church on the side of a hill,gave us the opportunity to open both floors of the church on the south and east sides to the views and day-lighting, allowing a walkout condition from the lower level and windows into the classroo S below the Sanctuary on the upper floor. This planning and design is favorable to the general use of the lowe+-level spaces. 17 The views of this southeast wall from the neighboring,proposed housing development,the adjacent eastern property owner,and the general public is very limited from view due to the nature woods and the distances (see sheets C-1 and 200.2CR). ❑ If forced to comply with the 35' height restriction, one solution would be to maintain the higher grades and retaining walls around to the east/southeast against the building, artificially covering the lower wall and the opportunity for views and day- lighting into the lower level. Another solution would be to construct a mansard-type false roof appendage to the southeast wall that would drop the effective sidewall to 35'above grad. Clearly these two options are poorer solutions to the design If the building. Q The hardship of this variance request, to allow the building side wall in this one area of the building to exceed 35',is in fitting the building to the site in good design practice to accommodate I classroom space with day-lighting and views. We ask for your consideration and approval of this request. ■ Item No. 6: In response, and in clarification of the "District Requirements in PF Zoning District", ordinance regarding"Unoccupied Structure Above the Highest Point of the Roo'', out interpretation is as follows: q The building height is governed by the"Principal Structure Height—Max with Structure", and is established as 50 feet. D In the next category down,unoccupied structure above the highest roof is established at 25'. Our building's highest roof point (Sanctuary) is 49'4"above grade, suggesting that the highest point of the cross be established at 74'-4" above grade. 29 March,2006 BWBR Architects,Inc 2006-03-28 Dl=d V' ante Request.doc Mr. Chu,�,'Dillarad Planning Department City of Lake Elmo March 29,2006 Page 3 The masonry"pier" structure,to which the cross is attachedl is also unoccupied and the established height is 60'-0" above grade on the drawings. ❑ In your response letter of Match 23,20106,you indicate that ere is a conflict between sections of your ordinance. Our design is based on the District Requirements noted above. ❑ So as not to delay the review and approval of this submittal,we will request a variance to overcome the conflict and establish the cross height ma um as 75'above grade and the supporting, masonry pier height maximums at 60'above grade. ■ Item No. 7:Exterior site lighting manufacturer cut sheet is attached L the fixture in question. This-fixture head allows a 20'height pole on a 3' high concrete base with a 90 degree cut off angle. Item No. 8:No comment. Please call with questions in any of this regard. We hope for a speedy and successful.outcome. We are positive the built outcome will be a great addition to the neighborhood and the Lake Elmo Community. Thank you for your cooperation. Respectfully, If you have any questions, or require additional information,please calf me at 651/290-1997. Sincerely, BWBR ARCHITECTS, INC. Tom Dornack Project Manager Attachment C. Chuck Palmer,Building Committee Chair,Lakewood Evangelical Free Church Paul Danielson,Project Manager,Kimley Horn Peter G. Smith,Principal-In-Charge,BWBR Architects /ce 29 March,2006 BWBR Architects,Inc. 2006-03-28 Dfllarnd Vrlriance Request.doc Notes: Job: Type: FORM 10 SQUARE EH/H/HT ARM MOUNT GENERAL DESCRIPTION: The Gardco arm mounted Square Form 10 products are sharp cutoff luminaires for high intensity discharge I am ps up to 1000 watts. The EH units are manufactured from mitered extruded aluminum and finished in an Architectural Class 1 anodizing. The H and HT�style luminaires are dieformed aluminum with a thermoset polyester finish. Both products can accept one of eight(8)interchangeable and rotatable precision segmented optical systems. • - r PREFIX CONFIGURATION DISTRIBUnON WATTAGE VOLTAGE FINISH OPTIONS � I Enter the order code into the appropriate box above. Note.Gardco reserves the right to refuse a configuration.Not all combinations and conturatims are valid. Refer to notes below for exclusions and rLrnftaBons.For questions or concerns,please consult the factory. i • EH14 14"Square Extruded Luminaire 1 Single Assembly 3@120 Triple at 1204 El-t19 19"Square Extruded Luminaire 2 Twin Assembly 4 Quad Asserrrbly H14 14"Square Fabricated Luminaire 2Q90 Tvrin Assembly at goQ H19 19"Square Fabricated Luminaire HT19 19"Tall Square Fabricated Luminaire 3 Triple at 90° H26 18"Square Fabricated Luminaire E1&11 It Z4 1—41119 1 101M 0 all IT11 a 1171, blor&oreatt Lamo Yertfcal Lamo 14" 1°" T1Z ZE 1.Medfum base farrp 1 Type I VS Type V 100MFI' 250MH 1000111H5".n 10009H aAvaaabe wtdr vet6eallanp optic o* 150MH 400MH ope etas 6 5vA%MA Ward i9"supplied w4h 80y5c A b1139 orml-% 3 Type III sag long.26"suppleadMhsaaglass 175MH 750PSAM1, 750PSMH" $Was m7larps-i'. 4X Type IV pg"yT19'only). lens.Mad=toe,20owmaxon14" 200MH 250PSMH' 1000PSMH"A 1000PSMW rMt35"154 FM Type 1V 'aim 2MMH° 32OPSMHI Ii M137 rMr52 350PSMH 750M 750HPS 9.AvadaMewiihHodmrrlalup6csio*, Q Type V FC3V`Full Cutoff Type[]I 115PSMH 400PSMH' 100oHPS 10.Avala6leYOM4X and VSgpliso* rl.M14-0*..Horkontaf opsrs require Type 4X optics auppliedR trsaggfass FCVS"Full Cutoff Type V 450PSb" 1ds750/PSWU#JM9T37kW 1 lens standard '18"320PSMN only.Supplied 100HPS 12.For 1000w HT19 w14X opllrs,so naanngbeyx:• w/MS3201VU/E02a1LLC/PS lamp 150HPSI 250HPS For 1000 Metal Harlide,use: 400HPS � Product Cade CatalogNumfper Venture 63702 MS1000WIHORB737I31f • . G.E. 16205 MVM000I PSM7 Venture 1$=2 MH10 AYSTS7 Pulse iJH Halide 120 240 347 QUAD PSMH Pulse Start Metal Halide For 1000 Pulse Stw-4 use: 12V&W40/277, Factory tied to 277V. HIPS Nigh Pressure Sodium Brand Product Code Catalea Wambar 208 277 480 G.S 10389 MVR1o00ILVE S7IPA Venture 49111 MSIODOWIHOJV7251PS WARNING:Use of other lamps voids warranty • • EH and H26 F Fusing in Head CD Clear Drop Diffuser EH Style only BLA Black Anodized LF In-Line/ln-Pole Fusing MF Mast Arm Fitter BRA Bronze Anodized PC Photocontrol and Receptacle MU 10'Uptilt Bracket _g I NA Natural Aluminum Anodized NIA wu,4e0u UB Quick Disconnect for Ballast Tray OC Optional Color Paint PGR Photocontrol Receptacle only AP g Lens car Adjustable Knuckle- Pole IMount SpsfyRAL designation as shovm in POLY Polybonate Sa Coior$election Guida ex:OC- In lfeu of Aar glass.WA v+Rh 4X oae'cs RAL7024 f Only avaffable with 1 way and 2 4R 160°lnoun9n g SC Special Color Paint 450wmanmum. AT Adjustable Knuckle-Tenon Mount Sway.Must supply color clop. HS internal Houseside Shield Firs 2 s/8"tenon. NIA with 74'unks HINT Style Suppffed standard with FM optics. $RP Bronze Paint PTF2 Pole Top Fitter-2 3/8'Dia.Tenon as Quartz Standby PTF3 Pole To Fitter-3-3 1/2"Dia_Tenon $LP Black Paint SG Sag Glass Lens m Lieu o1 Act class p i OC Optional Color Pant Supplied standard with 4X optics and 26"VS PTF4 Pole Top Fitter-3 1/2-4'Dia Tenon Specify RAL designation as shown in Color Selection Guide.ex:OC-RAL7024P SC Specal Color Paint Spaaly.Must supply cdor hip. Gardec Lighting reserves the right to ciiange n»erials or modify the design of its product without Gardco Lighting 800/227-0758 notification w pert of the wrnpaWs continuing product improvement program.The 4x optical system , ispmtectedby U.S.patent number56e04M 2661 Alvarado Street Fax: 5101 57-in California li e San Leandro,CA 94577 Fa%:51dl357-3U88 ®Copyright Gardco Lighting 2001-2004.All Rights Reserved.international Copyright Secured. LIGHTING www.sitelighting.com A Genyte Comparry i 7 91 1 5-43/1 t0d FORM 10 SQUARE EH/H/HT ARM MOUNT GENERAL: Each Gardco Square Form Ten arm mount is a sharp FINISH: Extruded housings (EH style) are standard with nati!rral, cutoff luminaire for high intensity discharge lamps.Units are designed bronze,or black Aluminum Association Architectural Class I anodized with half-cube proportions. Internal components are totally enclosed, finish.Special color polyester finishes are available. rain-tight, dust-tight and corrosion resistant. No venting of optical system or electrical components is required or permitted. Luminaires Formed housings (H style) are•standard with a chromatic void are completely assembled with no disassembly required for installation. pretreatment and an epoxy undercoat. The finish coat is a Lamping requires no lifting or hinging of the luminaire housing, thermosetting polyester baked at 450°F to achieve an H-2H hardness disturbing wiring or exposing uninsulated live parts. measure.26"H style units are also offered with optional Architectural Class I anodized finish. HOUSING: Extruded housings (EH style) are offered in 14" and 19" sizes and are composed of precisely mitered anodized aluminum LABELS:All factures bear UL or CUL(where applicable)Wet Location extrusions.Fabricated(H style)units are available in 14",19",T19'and labels. 26" sizes and are one piece, multi-formed aluminum with an integral reinforcing spline and a single concealed joint.All units feature a press DIMENSIONS formed aluminum top which is welded to the housing sides. Pressure injected silicone provides a continuous weathertight seal at all miters and points of material transition. --- ARM: Extruded aluminum arm is prewired and secured to fixture by D contractor.Assembly is suitable for mounting to pole without requiring D s access to luminaire. + LENS: Mitered, extruded anodized aluminum door frame retains the —_ optically clear, heat and impact resistant tempered flat glass in a �C Width sealed manner using hollow section, high compliance, memory retentive extruded silicone rubber.Luminaires with Type 4X optics and C c 26"VS units feature a sag glass lens and VS unit employs sag acrylic size width s ,"� `„� lens. Concealed stainless steel latch and hinge permit easy tooiless 14 14' 7„ 2" S. s access to the luminaire. 35M c,a 1;!al= 5.08 1524 M 1270 ern 19 19" 10" 2" 9" S' OPTICAL SYSTEMS:The segmented Form Ten optical system is �19� 2540� ��� ;�9 tl„ 12 RI cm homogeneous sheet aluminum,electrochemically brightened,anodized T1g 2$ AJ) 2„ V. s° and sealed.The segmented reflectors are set in faceted arc tube 26 4 26. 3¢�z a 5.y Z 22.Z an 12-70 an image duplicator patterns to achieve IES Types 1(1), ill (3), 1V(FM), and V (Q-horizontal lamp and VS-vertical lamp) distributions.The mogul Iampholder is glazed porcelain with a nickel plated screw shell 66.04= WAS— 30.43� 30.48— 20.32 with lamp grip-all securely attached to the reflector assembly.100MH units have medium base lampholder.All Metal Halide units in the 19" and 26' housings have lamp stabilizers ensuring precise arc tube positioning. EPA',(tt>) Approximate Weight(lbs) Size Single Twin 314 Single Twin Quart � ELECTRICAL: Each high power factor ballast is the separate 14 1.1 2.3 2.e so so 120 component type,capable of providing reliable lamp starting down to- � { 200 F.The ballast is mounted on a unitized tray and secured within the 1 s 2.1 4. . 65 110 220 luminaire,above the reflector system.Component-to-component wiring T19 2.2 4.3 6.4 ss 1 so 260 within the luminaire will carry no more than 80%of rated current and is 26 3.5 7.0 8.9 1 ss 190 Sao listed by UL for use at 600 VAC at 1500C or higher. Plug disconnects are listed by UL for use at boo VAU,15A or nigher. Gardco Lighting reserves the right to change materiats or modify the design of its product without Gardco Lighting 800/227 0758 notification as part or the company's continuing product improvement program.The 4X optical system is 2661 Alvarado Street 5101357-6900 in California protected by U.S.patent number 56904M San Leandro,CA 945-77 Fax:15101357-30813 ®Copyright Gardco Lighting 2001-2004.Ali Rights Reserved_lntemational Copyright Secured_ s A Gen Company www.sitelighttng.com LIGHTING MI15.4311�04 j X1 X2 n^ X3 X5 l Ro6k G111 , ONOPo°%0 °N'CPoO YAs I E1Kt iIRe.. j� .._ . YOMW -film . - r o t• /� . A iNo lwrt - w�jw, �e�f I Lake Eh10i MfN108010 � ,+ 6A 1/ b®!�Uhl yr,�O, r I PFUK51ff0 W&L b ; 1 p CPrR urrER Ro°r.mcEa� V L CAP j�Y 7L5c E�1I1 9-4 iIt I :.,, t _ —�L4lECN LmI(q WF E000 NOITTOIIEOMM �y,((�4� tAx Ei.'�'r+5=m•B 1 _ - TO OEO-INN-€l-F33'+2"r 4-W,VMDM NOgf Rl1FIL(I/1) -S' 15'-C 4 Y-r 4' '' Y-4` 4'-S' .I I I WALL AT am AB • B W �. 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ShOl wX, EXTERIOR ELEVATIONS IC � 14° G yew/•^/ "�U11 11 A � _ 1C 65,a1 Na $B 512 EFWflT+WI §$d 1 1 3 4 6 S Copy IghtIIWDRArcL wv Kocx r ont, X1T III X2 X3 Ie pint, z 1s Yc w X5 tFxminc A 1 I e I I A Like&W,Mr Rota lI Dsoss ArD talTn Y1YfpN511fA I:EfN AO-A Itllll GA I` I Tn ass L I ,a actN. 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EXTERIOR ELEVATION KEYPLAN J. � •�`Tle7 4 0 0 !vB► DOW pvn F 02/10/06 CP/JLW/MRB o aan NOW p 1003.091.W Iff i srMt trot x GXTERlOR avATPONB Y IF eA&trerm H IC Shal K. ' � � ATMTAN 512 3�d 1 a a s r 7 C.pylghtDWORAttW[ W /firp}.,,,j,,,l:�FYf# x, xz xs �amunE pW/11LF Is gWN1f 6EYCgE mm-D1OAFR i �6�e �f C��s • y v A A I I �,LngcA�u DOF /� �{�(/�. PI�M✓diMA IHOL 1 � .� � V"" 4 AAq�AfFmYM1-I:EtIL I I i I` I �-'�9-IAIf LL c 0-F: r° 1 ° Agriµ I put AT am X0 AR HI d E'CTS F7d:E ants 1 1 I mm FLOUR Lavmon Commnuc EMI" _ 6P c �55o81 0n StPu aPu°trMx N_55J 02-1 9t6 6512J707 J� ` ^ MW 01E 0 0 10 -------`-------------------_—- _----------- ---- ` - �_---- ------ _--_____--_____________________}________-_-______-________ _ _.___-----------.-------— C _ EVATION/—t1 SOUTHEAST i0 0 tam I I XA zc XB al XC XD XE XF xG. XH XJ XK i o H'wrmrp [ I I ( wu a1a7Oos 9eo-pa xoo95 D DECK LO F MAL 1 1 Iwwd Far M /,�F IN Ce IMP]I/F(Iq II I 4 l IY1'PPIQM7C ]9��� ! 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Cwtlwd V• MMA91.00 KF Ahal pet EiTM QMA/�Na�)�(�F is /vr"Vt, • iC Alai No. All 512 31 � uJ �3 A A ! r Capyri&LL DWHIL(ucbinsq LAKE ELMO PLANNING COM1Vl ISSION STAFF REPORT F Date: March 23,2006 for the Meeting of March 27, 2006 Applicant: Lakewood Evangelical Free Church Location: Southeast Quadrant of Kea Avenue '� 4 Qu is n e and State Highway 36 Requested Action: Section 520 Site Plan Land Use Plan Guiding:PF Existing Zoning:PF Site History and Existing Conditions: On April 28, 2005 the-City Council approved several concurrent applications related to the 204cre site for which this Site Plan is here presented. Regarding this site, the City approved a Preliminary Plat creating the site and the public road that would serve the site; a Comprehensive Plan Amendment changing the classification of the site from RAD to PF, a rezoning of the site from RR to PF; and a Conditional Use Permit for a church facility on the 20 acre site. No Section 520 Site Plan was approved at that time, however. An OP Concept Plan was also approved for the balance of the'overall 108 acres owned by the applicant by a separate action. The Preliminary!Plat responsive to that Concept Plan appears elsewhere on this agenda. No Final Plat or Development Agreement has been approved for any of the overall 108 acre site. Subsequent to the 2005 approvals Valley Branch Watershed District issued a grading permit for the north portion of the 108 acres site (including the subject 20 acres and public street). The City Engineer also reviewed and approved the installation of water main in the public street. That installation was inspected during construction by City consultants, and includes trunk water 'main needed by the City for system looping purposes The City Engineer is now preparing plane and specifications to extend City water main from the Sanctuary neighborhood to the Discover Crossing neighborhoods and then to this site during 2006. Discussion and Analysis: This Staff Report addresses only the compliance with PF standards for "Places of Worship" and other applicable City Codes for the Section 520 Site Plan submitted for the 200 acre parcel. Staff findings regarding compliance are as follows: 1. All PF zoning structure set backs appear to be complied with. 2. While there are no parking set back standards specific to the PF zone, Section 300.13, Subdivision 6 specifies that there shall be no off-street parking within 20 feet of a public street right-of-way. The applicant proposes 15 off-street parking spaces closer than 20 feet from the public street right-of-way at the northwest corner of the parking lot. A site redesign or variance will be necessary. 3. Sufficient parking lot interior landscape islands are provided. 4. The exterior materials performance standards for the PF zoning district were not amended in 2002 as were those of the commercial zoning districts. A copy of those PF standards is ._ attached. We note that the only allowable exterior-surfacing materials in the PF zone are "brick, stone, and glass". This site plan submission depicts approximately 20% o� the exterior surface proposed to be "pre-finished architectural metal". Either a plan revision or a variance would be required. All sloped roofing is proposed to be "standing seam metal" which is permitted by PF performance standards. 5. PF standards provide for a maximum building height of 50 feet., but no structure side,wall exceeding 35 feet in height. With measurement of building height on a pitched roof taken from the mid point of the pitch slope it appears that the roof height of the structure complies with the 50 foot standard. However, it also appears that that structure side walls exceed the 35 foot maximum height at several locations — in some places nearly 50 'Meet. Either s redesign or a variance would be required. 6. Section 300.12 of the Zoning Ordinance specifies that no building shall exceed 35 felt in height, including "...church spires...". It would appear that the PF standards as to building height may supersede that standard (one more internal conflict of the Zoning Ordinance), but inclusion of church spires in that limitation would seem to imply that if the PF height standard is 50 feet, church spires must be included in the maximum height calculation. Either the church spire needs to be reduced in height or a variance applied for. 7. he exterior lighting plan appears to potential) comply with Section 1350 standards for nonresidential sites. The levels of illumination forecasted are within the limits specified by the ordinance (except with 20 feet of the light source — now permissible). We do not find "cut sheets" of the light fixtures specified (by model number only) so we can not ascertain the degree of cut-off angle for those fixtures. That fixture information will be required to enable a,determination as to whether a 20 foot of 30 foot fixture height must be used IThe site plan specifies a 23 foot fixture height (including the 3 foot base — which must be included). 8. The site landscape plan is extensive and should comply with the Section 520 standards for value as a percentage of project costs. The only outside reviews requested for this site plan have been to the City Engineer and Valley Branch. Both have recently responded and their review comments are attached Staff does not detect any major issues raised by those reviews,but recommends the usual conditions of approval to include compliance with Engineer and Watershed recommendations. Findings and Recommendations: The Commission should be aware that staff had previously advised the applicant's consultants I�that there would be a height compliance issue with the plan they had brought to a pre-application meeting with staff. The project architects (BWBR) have submitted a letter dated March 1, 2006 addressing the building height issue. It appears that the architects are arguing that height shouldi be measured only from the "primary entrance"building elevation. I see no such reference in the 'City Code definition of building height. Staff was not at the time of that pre-application meeting aware that the PF zone was excluded (but should not have been) from the amended Performance Standards adopted for all commercial zones in 2002. Based on the foregoing staff review it appears that this site plan proposes at least three design features that are non-compliant with City Code standards. If it is the applicant's intention to continue to pursue those non-compliant design features (height, exterior surfacing materials and parking set back) it will be necessary to publish Legal Notice and conduct a hearing on the resulting variance applications. That Hearing can not take place until at least the April. Planning Commission meeting. The modifications required to the site plan (structure) that would be required should the applicant decide to redesign for Code compliance (or should applied-for variances be denied.) are significant. We do not recommend this site plan review processing move beyond the Planning Commission until the non-compliance issues are resolved in some manner.- Planning Commission Actions Requested: Staff recommends the Rock Point Church Section 520 Site Plan be tabled pending either redesign of the project for City Code compliance or consideration of an application for variances to those Code standards. The completed application date is March S, 2006 . For compliance with the State 60 day wlreview requirement the last meeting at which the Commission can consider this matter is April 224, and the last meeting at which the City Council can act is May 2, 2006. r Charles E. Dillerud,City Planner Attachments: 1. Location Map 2. City Engineer's Memo 3. Valley Branch Review 4. Applicant's Documentation and Graphics Chick Dilterud Frorn; Thomas D. Prew[prew.td@tkda.comj Sent: Thursday, March 23,2006 3:42 PM To: Chuck Dillerud Cc: Kirribedy Anez Subject: Rock Point Church Rockooint Church Site Plan Review Septic 1. The project requires a State Permit. They have submitted this plan for review to the MPCA. The final permit will not be done for a few months. 2 . The developer will build the entire septic system at one time. The church is not scheduled to open until April 2007. 3 . A monitoring plan, mitigation plan and operating plan and emergency response plan is required for City Approval. 4. Sewage could back-up into the church basement should the lift station lose power. A Emergency response plan is necessary. Drinking Water. 1. The City is currently designing a watermain to provide water to this subdivision. Water should be available this summer. 2. The Fire Chief should review hydrant placement around the building. 3. The watermain through the residential portion of the subdivision will need to be completed in order for this building to have water service. a. Wate=L in within the site will be private. However the City will need to witness all testing of it. Drainage 1. A VBWD permit is required. 2 . Developer shall submit a copy of their NPDES permit and SWPP. S . Final acceptance of the project by the City cannot occur until all disturbed have turf established and no erosion is present. Streets 1. A temporary turn-around is required on the end of the street unless the residential portion of the project is completed this summer. 2. Catch basin castings shown on the plan are correct, however those that haveibeen delivered in the field are not. 3 . Construction of the public street should be part of a Developer's Agreement.) Tom Thomas D. Prew, P.E. Senior Registered Engineer Municipal Services Division phone: 651/292-4463 fax: 651/292-0083 e-mail: prew.td@tkda.com TKDA 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, Minnesota 55101-2140 www.tkda.com 1 III I, 3 i F March 22, 2006 �* _ Ivlx.Chuck Dilieud City of Lake Elmo 3800 Laverne Avenue North Lake Elmo,NIN 55042 Re, Hidden Meadows(Dear Glen)and Rackpoint Church (Lakewood Evangelical Free Church) Dear Mr.Dillerud: i Thank you for submitting the materials regarding the proposed Bidden Meadows (formerly known as Deer Glen)and the Rockpoint Church(formerly known as Lakewood Evangelical Free Church). The I Rockpoint Church information is for the wastewater treatment system. The Valley Branch Watershed j District does not regulate nor have standards for wattewater treatment systems,so my comments within, this Icaer are regarding the ridden Meadows materials. 1 i The Valley Branch Watershed Dis4ict Managers approved a permit for the Deer Glen subdivision and the Lakes ood Evangelical Free Church on November 11,2004. Construction of the church began last fait. The plans that you provided appear,consistent v�rth the plans that were approved by the Valley Branch Watershed District for the church,but not for the subdivision. Therefore,a new Valley Branch Watershed District Permit will be required. The current plans show substantial grade changes, additional residential lots,and longer,realigned roads. These changes will add more impervious surfaces than that of the previous plans and could affect the hydrology to the wetlands and the flood levels of the low areas. The developer will need to provide the necessary stormwater management features to handle the additional runoff produced from the additional II impervious surfaces,show that wetlands will not be negatively impacted,and ensure that the proposed homes will be protected from flooding. If you have any questions,please contact me at 952-832-2622. Sincerely, 3 P. Ranson,P.E. BARR ENGlNTEERRgG COMPANY Engineers for the Valley Branch Watershed District C, Lincoln Fetcher,VBWD President Paul Danielson,Kimley-Horn and Associates,Inc. I LINCOLN FETCHER DAVID BUCHECK DONALD SCHEEL DALE BORASH DUANE JOHI NSON z VALLEY BRANCH WATERSHED DISTRICT wnrw.vbrvd arg P.Q. BOX 838 LAKE ELMO,-MINNESOTA 55042-053S ® Kimley-Horn ®® and Associates,Inc. RECEIVED MAR 0 5 2 March 3,2006 ■ sub 345N 2550 University Avenue West Mr.Chuck Diliemd st Paul Minnesota City of Lake Elmo 55114 Planning Department 3800 Laverne Avenue North Lake Elmo,MN 55042 Re: Rockpoint Church(formerly known as Lakewood Evangelical Free Church) Final Site Plan Submittal Dear Mr.Dilleruch On behalf of the Lakewood Evangelical Free Church(LEFC),Kirnley--Horn and Associates,Inc.(KHA)is submitting a Final Site Plan for your review and approval. As you are aware,LEFC received several approvals(with several conditions)for their 108 acres of properly within the City of Lake Elmo. The property is"L-shaped"bounded by Trunk Highway(TH)36 on the north,Keats Avenue on the west,and rural residential (but largely undeveloped)on the east and south A portion of the west property abuts rural residential developed lots. The approved OP Development/Concept Plan shows the entire 108.62 acres and was divided into the same three parcels as previously shown. Parcel A is the 20 acre parcel that was reguided and rezoned along with a conditional use permit(CUP)to public facility(PF). The LEFC building would be constructed on this parcel. Parcel B is a 69.37 acre parcel that we are requesting a CUP for an OP development within the current RR zoning. Parcel C is an 18.97 acre parcel that we are requesting be maintained at the current RR zoning. I LEFC has decided that as part of the move to Lake Elmo the church will be renamed to Rockpoimt Church. In addition,shortly the developer of the OP residential development will be submitting a preliminary plat. The name of the development will be Hidden Meadows of Lake Ebro. Therefore,it was determined that the final plat for Rockpoint Church should be called Hidden Meadows of Lake Elmo. We do not intend to use the previous name of"Deer Glen". Other Issues Wastewater System The previous submittals have indicated that Parcel A and B will be served by a oommunity wastewater system. North American Wetland Engineering,P.A. (NAWE)has reviewed their previous work and has made minor changes to the layout to confirm that the development proposed by Parcels A and B can be adequately accommodated in the ■ TEL 651 645 4197 FAX 651 645 5116 ®®.. Kimley-Horn Mr. Chuck Dillerud ®� and Associates,Inc. March 3,zoos Page 2 of 3 are identified as"constructed wetlands treatment area". We have included the final plans for the wastewater treatment and disposal plans for your approval. Water System It is our understanding that the City will extend public water to the site from the east. Our design includes the construction of the trunk water main through the site. Storm.Sewer � Storm sewer for the site has previously approved and permitted by the Valley Branch Watershed District(VBWD)with several conditions. The church area and roadway does not need to be modified at this time. A revised submittal will be made to VBWD as part of the OP preliminary plat process. Final Plat LEFC will be submitting the final plat in the next week or so. It is our intention to have the final plat ready to go to City Council at the same time the final site plan is ready for City Council approval. Submittal luformat ion The following information is enclosed as part of this submittal package: • Final Site Plan drawings(4 copies of full-size plans and one reduced 11xl7 copy)of the following drawings: • Existing Conditions and Removals Plan(sheet 200.CD) • Grading,Drainage,and Erosion Control Plans(Sheets 200.1CG and 200.2CG) • Roadway,Watermain Plan and Profile(Sheet 200.LCR) • Church Driveway Plan and Profile(Sheet 200.2CR) • Site Plan(Sheet 200.1CS) • Site Plan Spot Elevations(Sheet 200.2CS) • Utility Plan(Sheet 200.CU) • Paving Plan(Sheet 200.CP) • Civil Details(Sheet 210-212) • Landscape Plan(Sheets L1.1 through LIA) • Site Lighting Plan(Sheet 900.OT) • Site Photometric Plan • Building Elevations(Sheets 510-514) • Wastewater Treatment System Plans(1Ix17 only) • Development Application Fo=including clarification of code issues • Check for$1,150 ®� Klmley-Horn Mr. Chuck Dillerud ® and Associates,Inc. March 3,2006 Page 3 of 3 I i Tbank you for the opportunity to submit this plan for your review and we look forward to working with you,other City staff and elected officials.If you have any questions or need additional information,please contact me at 651-643-0407. I Very truly yours, j KUgLEY-HORN fA"ASSOCIATES,INC. ' I Paul B.Danielson,P.E. Project Manager C: Chuck Palmer,LEFC Grant Nelson,LEFC Tom Dornack,BWBR Architects I Gary Ebret,Kimley-Horn and Associates j File No_ 160502006.2.001 I j I I I I I I I i I I I I March 1,2006 B W B R Mr. Chuck Dillarud ARCHITECT$ Planning Department City of Lake Elmo 3800 Laverne Avenue Lake Elmo,Minnesota 55042 I Re: Rockpoint Church Lake Elmo,Minnesota I BWBR Commission No.:2005.091.00 Dear Chuck- There are two concerns you raised in our January 17,2006,meeting. We offer these Architecture.Interior Design clarifications regarding building height and exterior building materials as they relate to ordinance compliance in Chapter 3,Subd.4.,minimum District Requirements. 1. With regard to building height: The tirimary entrance floor elevation,on the north elevations that faces Highway 36,is noted as floor elevation 114'-0". Thee oc gdary entrance floor elevation, the south elevation that fares the woods,is noted as elevation 100'-0". The principal structure.height,the Sanctuary roof,is sloped from elevation 140'-�- 1/2"up to elevation 149'-4"_ The top of the Cross Tower,an unoccupied structure,is noted as elevation 158'-0", 8'-8`above the highest roof elevation of the Sanctuary,and 24'-8"above the lower roof elevation of the Fellowship Room roof of 133-4"—the portion of the building which the Cross Tower is most adjacent 2. With regard to building materials: The primary exterior building wall materials are brick anal glass,about 80%pf all wall material. The other 20%=of exterior building wall material is architectural metal wall paneling,either flat or ribbed. These types of architectural grade metal panel are used commonly on corporate,public,and institutional facilities. BWBR can provide samples upon request. If you have any questions,or require additional information,please call Richard Stuerman at 651/290-1894,or Tom Dornack at 651/290-1997. Sincerely, BWBR ARCHITECTS,INC. 114, Lawson Commons Tom Domack 380 St.Peter Street,Suite 600 Project Manager Saint Paul,MN 55102-1996 c Chuck Palmer,Building Committee Chair,Lakewood Evangelical Free Church Peter G.Smith,Principal-In-Charge,BWBR Architects 651.22.2.3701 fax 651.222.8961 /ce www.bwbr.com c:\05091ou\Ai.\ .\2006-03-01 Dfl].aaa LEGAL DESCRIPTION The Northwest %of Section 2. Tow iship 29, Range 21, excepting therefrom the following described parcels: 1. The Westerly 660 feet of the Southerly 825 feet of the Southwest 1/4 of the Northwest 1/4. 2. The South 1,125 feet of the West 1,100 feet of the Northwest 1/, except the West 660 feet of the South 825 feet, except the South 400 feet of the West 1,100 feet. 3. The North 425 feet of the South 1,550 feet of the West 1,100 feet of the Northwest 1/4. 4. The South 400 feet of the East 440 feet of the West 1,100 feet of the Northwest 1/4. All in Washington County, MN. '. I I I I i I I I I I i Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9E City Council May 2,2006 Agenda Item: Zoning Text Amendment—Outdoor Social Events Background Information for May 2, 2006: On April 18 the City Council referred this matter back to the Planning Commission to consider and make recommendations regarding several issues/concerns raised by Council Members during the April 18 Council discussion of the proposed ordinance amendment. The Commission again considered the matter at its April 24 meeting—based on the recollections of the staff regarding the Council's stated concerns (draft April 18 Council minutes were not available on April 24. The Commission discussed the Council's concerns (and additional concerns as well) at length and adopted 3 additional recommendations for mandatory CUP conditions: • Limiting the hours for any event to 10:00 AM to 10:00 PM. • Prohibiting charging an admission fee for any outdoor social event • Prohibiting any artificial lighting The Commission also discussed the concerns of the Council regarding the scale of the events—as measured by total number of persons pennitted by acre and in maximum. A Motion to reduce the maximum from 500 persons to 250 persons failed (3:6), and Motion to maintain the previously recommended 500 person maximum was adopted (7-2). Issues of traffic and parking were also discussed. The Commission concluded that such matters were both site and event specific, and would be best addressed with the individual CUP conditions. The draft ordinance presented April 18 is again attached—as amended to include the additional conditions recommended by the Commission on April 24. Person responsible: Action items: 1�"1 Motion to adopt Ordinance #97—regarding Outdoor Social Events City Planner as Conditional Uses in the AG zoning district. Attachments: Time Allocated: 1. Draft Ordinance 997— I G 1 2. Draft Planning Commission Minutes of April 24, 2006 3. Planning Staff Memos to the Planning Commission(2) i I CITY OF LAKE ELMO WASHINGTON COUNTY, NIINNESOTA ORDINANCE N0. 97-167 AN ORDINANCE ADDING SECTION 300.07 SUBDIVISION 4.A.2.(h)RELATING TO CONDITONAL USES IN THE GENERAL BUSINESS ZONING DISTRICT Section. 1.. Amendment: Section 300.07, Subdivision 4_A'?(h) of the Lake Elmo' Municipal Code is hereby amended to read as follows: I Commercial Outdoor Social Events, subject to the following required conditions: i. A site tax parcel area not less than a nominal10 acres. ii. No existing permanent or newly constructed structures may be used. iii. Events limited to twice weekly during the months of May to October. iv. Attendance at events shall be limited to 20 persons per site to a maximum of 500 persons. V. Compliance with City Code Ambient Noise standards. vi. All parking shall be off-street, and shall be set back and/or adequately screened from adjoining properties. vii. Limiting the hours for any event to 10:00 a.m. to 10:00 p.m. No event shall continue later than 10:00 p.m. viii. On-site portable sanitation adequately sized for the events. viiii Prohibiting charging an admission fee for any outdoor social event. Prohibiting any artificial lighitng Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. ADOPTED by the Lake Elmo City Council this 21"day of 2006. � Dean Johnston, Mayor ATTEST: Martin J. Rafferty,City Administrator Published in the Lake Elmo Leader i NMMO (April 20,2006 for the Meeting of April 24, 2006) To: Lake5ek g Commission From: Ce d Subject: Outdoor Social Events in the AG Zone The City Council considered the Commission's recommendation regarding the subject at its April 18, 2006 Regular Meeting. The Council decided to table the matter and refer it back to the Planning Commission for further work. While as of Apra 20 we do not have the draft City Council Minutes from April 18 yet, my notes indicate that the two major issues the Council desires the Commission to further review and address in the ordinance were traZae forecasting/control and the maximum scale of the events (now 500 persons- if the site is large enough. The Council addressed other concerns that would best be addressed case-by-case with the individual Conditional Use Permit conditions. We will have the draft Council Minutes from April 18 available at the April 24 Planning Commission meeting. MEMO (March 9, 2006 for the Meeting of March 13, 2006) To: Lake Elmo Planning Commission From: Chuck Dillerud Subject Zoning Ordinance Text Amendment—Commercial Outdoor Social Events As directed by the Commission on February 27, 2006, staff has published an Official Notice of a Public Hearing to consider amendment to the Zoning Ordinance text to allow issuance of a Conditional Use Permit in the AG zoning district for commercial outdoor d social events as requested by a Lake Elm property owner. We have attached a HEARING DRAFT of how such an amendment could appear - using the content suggestions of Commissioner Armstrong from the February 27, 2006 Commission, Minutes (and a couple of additional restrictions). Please note that this addition to the list of AG Conditional Uses is structured differently, than the other CUP uses on the list with "Required Conditions". This is preferred zoning ' practice to provide the Public and applicants advance notice of minimal CUP conditions that are expected. That does not, however, preclude the staff from recommending and the Commission and/or City Council from including additional conditions found to be necessary to preserve the Public health, safety and general welfare — or, denying a CUP on the basis that those same concerns can not be reasonably assured. An applicant simply meeting those required conditions does not mean automatic CUP approval, nor if the CUP is approved, additional conditions. Following the public Hearing Commission action is requested to either recommend a disposition (approve or not) of the proposed amendment to the City Council, or; refer the proposed amendment back to the staff for f u-ther work. March 9, 2006 Draft ZO Amendment — Commercial Outdoor Social Events Amend Section 300.07 Subdivision 4A2(Conditional Uses)by adding: h. Commercial Outdoor Social Events, subject to the following required conditions: i. A site tax parcel area not less than 10 acres. I No existing permanent or newly constructed structures may be used. iii. Events limited to twice weekly during the months of May to October. iv. Attendance at events shall be limited to 20 persons per site to a maximum of 500 persons. V. Compliance with City Code Ambient Noise standards. vi. All parking shall be off-street, and shall be set back and/or adequately screened from adjoining properties. vii. No event shall continue later than 10:00 PM. viii. On-site portable sanitation adequately sized for the events. Public Hearing: Consider Code Amendment Outdoor Social Events in AG Zoning District The Planner said the draft Code amendment is generic for all AG properties. The City of Stillwater said they have a CUP or SUP for musical events only. The Planners said he took Commissioner' Armstrong's factors into consideration and drafted for Municipal Code 300.07, 4.A.2.to add another Conditional Use to those already there. He said that is a more contemporary way to draft an ordinance. The Planner distributed a letter from Carol Pahnquist received on March 1,2006. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 8:05 P.M. Nobody spoke. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 8:06 P.M. M/S/F, Deziel/Roth To limit No. 4 for Outdoor Social Events to ten guests per acre. VOTE: 1:7 Failed. (Yea-Deziel) M/S/P, Ptacek/Roth to limit Number 4 in the standards for Outdoor Social Events that attendance i at events should be no more than 20 persons per acre,with a maximum of 500 persons, including event staff. VOTE: 8:0. M/S/P,Roth/Fliflet to limit sound to comply with the City Noise Ordinance. The Planner read from the noise ordinance and said no sound above certain measurable thresholds should be discernible beyond the property line. VOTE: 7:1 Ptacek-The intention was for no amplified sound. M/S/P, Fliflet/Deziel to remove Number 6 from the standards for Outdoor Social Events because there is no reason to limit the hours. 7:1 Nayo-Schneider-Can picture this being a hassle. M/S/P, Ptacek/Fliflet to move forward with the text amendment for Outdoor Social Events subject to Conditions 1-9, eliminating Number six and to include the other amendments already made. VOTE: 8:0 Lake Elmo Agenda Section: Planning,Land Use and Zoning No. 9C City Council April 18,2006 .Agenda Item: Zoning Ordinance Text Amendment--Outdoor Social Events Background Information for April 18,2006: At the Council Workshop April 11 it was decided to place this proposal back on the April 18 City Council Agenda for referral back to the Planning Commission for additional work. The Council Members asked the Commission to consider adding additional required CUP conditions to the ordinance,including: • Outdoor lighting controls • Site eisecurity during events • Better definition of screening and parking requirements • Noise control • Issues of sale/consumption of liquor The Workshop also questioned the maximum allowable event scale(measured in attendees and staff)in the present ordinance. While 20 persons per site acre was not necessarily found to be excessive,the 500 person maximum appeared to be. Person r onsible: Action items: IOU Motion to refer the draft Outdoor' Social Events in the AG District back to the Planning Commission with direction to consider and make recommendations regarding the issues raised at the April 11 Council Workshop. Attachments: Time Allocated: Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9F City Council May 2, 2006 Agenda Item: Zoning Text Amendment—Fence Standards Background Information for Mav 2, 2006: At a recent City Council Workshop the Planning Commission was asked to review the new fence standards regarding screen fencing on residential properties that abut commercial properties. The current standards would not permit the residential property owner to construct fencing sufficient to screen the residential yard from the commercial buildings/parking/use. While the zoning ordinance does require commercial properties to screen from adjacent residential properties, many situations appear in the City that either pre-exist that requirement or may not be sufficient to fully address the use conflict. The Planning Commission conducted a Public Hearing on April 24 to consider amendment to the screening provisions of the new fence regulations that, with a few added words, would permit residential property owners abutting commercial uses to themselves construct fencing that would be effective screening. That amendment would allow 72 inch screen fencing to the property line where residential property abuts commercial property. As written, where a residential lot backs up to commercial— generally the case—all three yards behind the home could utilize the property line screen fencing. Following the Hearing the Planning Commission adopted a recommendation to amend the fence regulations as described. Person responsible: Action items: City Planner Motion to adopt Ordinance #97— 169 amending the Zoning Ordinance fence standards o permit screen fencing of residential yard where residential properties abut commercial uses. Attachments: Time Allocated: 1. Draft Ordinance#97— 169Amending Fence Standards of the Zoning Ordinance 2. Draft Planning Commission Minutes of April 24, 2006 CITY OF LAKE ELMO WASHINGTON, MINNESOTA ORDINANCE NO. 97- i&q AN ORDINANCE AMENDING SECTION 302.06, Subp. 1. "FENCES AS SCREENING AND SECURITY AS REQUIRED BY THIS CODE" OF THE LAKE ELMO MUNICIPAL CODE Section 1. Amendment: Fences as Screening and Security as Required by This Code,to wit: 1. Required fences for screening and security purposes in Agricultural and Residential zoning districts shall be set back from all property lines equal to the required structure set back of the zoning district in which they are located e, &eept where residential zoned lots share a common property line with commercial uses or commercial zonin6 districts." Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law_ ADOPTED, by the Lake Elmo City Council on the day of 2006- Dean Johnston, Mayor ATTEST: Martin Raftbrtm,,C ity Adininistrator Published in the Lake Elmo Leader on the day of 12006. Excerpt DRAFT Planning Commission Meeting Minutes April 24, 2006 Fences as Screening and Security 1 PUBLIC HEARING: Fences as Screening,and Security The Planner said this review is being requested for areas of the City where commercial property adjoins residential or agricultural property. In one area of the City,he said that staff thought evergreen trees would be sufficient for screening but they have proved to be inadequate. In those cases, it has been suggested to allow a solid fence six feet in height. If a commercial property owner or developer does not screen its own lot,the residential property should be allowed to fence. Draft language was prepared adding one part of one sentence and that will allow fencing at rear or side lot lines. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:47 P.M. Nobody spoke. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:48 P.M. M/S/P,Armstrong/Schneider,to recommend approval of additional language of Code with an amendment changing residential uses to residential zoned lot. The affected sentence read; "Required fences for screening and security purposes in Agricultural and Residential zoning districts shall be set back from all property lines equal to the required structure set back of the zoning district in which they are located except where residential zoned lots share a common property line with commercial uses or commercial zoning.,districts." Vote: 8:1 Nay-Ptacek: Does not like changing Code for a particular neighborhood. Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9G City Council May 2, 2006 Agenda Item: RR District Setbacks Background Information for May 2 . 2006: During a recent City Council Workshop the Planning Commission was requested to review the existing setback provisions in the RR and RE districts. It was observed at the workshop that RE setbacks were significantly larger(and adopted much later by the City) even though the development density of RE was significantly larger as well—more dense. On that premise, it was suggested that the RR setbacks might logically be as large as those of RE. On April 24 staff presented the Commission with the RR/RE setback concerns, including a chart depicting the current differences. Following substantial discussion of the matter the Commission adopted a recommendation to the Council to not amend the setbacks in RR. The reasons given by commissioners for this recommendation included the fact that no new RR parcels will likely be created in the City; current RR property owners both acquired their properties knowing what the RR setbacks were at the time, and have relied on those standards for years (thereby the City creating numerous non-conformities with any changes at this point); and,that the RE standards (including the setbacks)were specifically created by the City to allow smaller parcel sizes that would still retain a rural character by greater prescribed structure spacing—a "trade-off' of large setbacks for smaller (than 10 acres) lots. Person responsible: Action items: No action required unless further Council direction on the subject City Planner is intended. Attachments: Time Allocated: 1. Draft Planning Commission Minutes of April 24, 2006 2. Planning Staff Memo Excer t DRAFT f p o Lake Elmo Planning Commission Meeting Minutes April 24, 2006 Review of Setbacks in RR Zoning District 1 Review of Setbacks in RR Zoning District The Planner has brought forth a comparison between setbacks in two zoning districts: one is RR with low density and the other is RE with higher density, yet the setbacks in RE are greater than they are in RR. The Planner said the RR standards were written long before the RE standards. The Planner said the City Council would like the Commission to consider amending setbacks wherever they make sense. WS/P, Armstrong/Deziel to recommend letting sleeping dogs lie and to make no change to RR setbacks because there will be no new RR parcels in Lake Elmo, existing owners knew what they were getting when they bought RR parcels, and RE setbacks were created to keep houses apart in a higher density neighborhood of homes. Vote: 8:1 Schneider-We should address it. MEMO (April 20,2006 for the Meeting of April 24, 2006) To: Lake Elmo PloRping Commission //-Il r From: Ch k d . Subject: Setbacks in the RR Zoning District At its April 11, 2006 Workshop the City Council was asked to consider amending the RR district standards to substitute setback standards equivalent to those now found in the RE district. Council members observed both that the RE standards are more current than the RR standards and that it seemed logical that the 10 acre parcels of RR should have setback standards at least as great as those of the 2.5 acre parcels of the RE zone. A comparison of the current standards follows: Standard RR RE Lot Width 300 feet 150 feet Front(Street) Setback 30 feet 100 feet Side Setback 10 feet 50 feet Rear Setback 40 feet 100 feet Arterial Street Setback 50 feet 150 feet Tn both cases the setbacks for accessory structures are the same as for principal structures. Staff requests the Commission's direction regarding proceeding with any amendments to RR district standards; and, if so, which standards should be considered for amendment. A Notice of Nearing will be required. This will not be able to be heard by the Commission until the meeting of May15, if so directed. Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9H City Council May 2, 2006 Agenda Item: Restaurant Drive-up Facilities in the GB Zone Background Information for May 2, 2006: On April 18 the Council heard the City Attorney's opinion and discussed the Planning Commission recommended GB teat amendments in this regard—permit drive-up windows but prohibit menu boards and intercom ordering systems. The draft of the minutes of that discussion appear elsewhere in this agenda packet. The Council then directed this matter be placed on the May 2 agenda for further consideration and action. The April 18 agenda materials and the attorney's opinion are attached. The draft ordinance reflects the Commission's recommendation. Person responsible: Action items: Motion to adopt Ordinance #97— 170 amending the GB zoning City Planner district standards to permit drive-up windows at restaurant facilities Attachments: Time Allocated: 1. Draft Ordinance #97-170 Amending GB District Standards 2. April 18, 2006 Agenda Materials i CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 97-170 AN ORDINANCE AMENDING SECTION 300.07 SUBDIVISION 3.H.La(TABLE) ADDING A PERMITTED USE AND STRUCTURE IN THE GENERAL BUSINESS ZONING DISTRICT Section 1. Amendment: Section 300.07, Subdivision 4.H.1. a. (Table) of the Lake Elmo Municipal Code is hereby amended to read as follows: Cafes and Restaurants (Limited to full table service operations) Cafes and Restaurants—Drive-up Window (Menu boards and intercom systems prohibited) (Adequate vehicle stacking must be provided) Section 2. Effective Date: The ordinance shall become effective upon its passage and publication according to law. ADOPTED by the Lake Elmo City Council this 2 d day of May, 2006. Dean A. Johnston, Mayor ATTEST: Martin J_Rafferty, City Administrator Published in the Lake Elmo Leader Warren E.Peterson — RKERSON p.3 Jerome P, Filla Suite 300 Glenn]Witt BFramergman FR BERGI�'IAN 50 East Fifth Street Glenn A.Bergman St.Paul,MN 55101-1 197 1-8955 John Michael Miller (651)29 Michael T.Oberie ° ° ° (651 j 228-[753 facsimile www-pfb-pa.com Steven H.Bruns* Paul W.Fahning` Andrew P.Muller Amy K-L.Schmidt Direct Dial #(65I) 290-6907 April 17, 2006 R E C E I V E Mr. Martin Rafferty APR i 8 2 ; City Administrator City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 RE: Drive-In, Drive-Up and Drive-Through Facilities Our File No.: 11135.92-1 Dear Marty: The City has the authority to regulate drive-up facilities (MS 462.357) and, in fact, has done so (Lake Elmo Code 300.13 Subd. 13). The City's current regulations may be a carry over from the 1960's blat,"if read in'total, can reasonably byappl`i'ed'`to,all businesses which have drive-uptacilities TheCity-could`apjjfyltscra`rrentlr"egulatiorisarcould'repealor amen dthose regulations:: _ The City's regulations are presumed to be constitutional The presumption is`not conclusive and can be rebutted by a showing that the City's regulations do not satisfy the following constitutional standards: 1. Vagueness. Does a person of common intelligence have to guess as to the meaning or application of the regulation? Is the regulation subject to several interpretations? if so, the regulation may be unconstitutionally vague. 2. Reasonableness. Is the regulation reasonable in its terms and conditions? A reviewing court will look at the stated purpose and intent of the regulation as well as its application to particular facts in judging the reasonableness of the regulation. Normally a reviewing court will defer to the judgment of the City Council on this particular matter. 3. Equal Protection.- Does-the regulation -impose ;restrict'ions on-one class of'�persons engaged in a particular business which are not imposed on others engaged in the same olsiness under similar circumstances? This may be the most difficult standard to satisfy i#the City decides to'fmpose same regufatlon ;'airectiy or,indirectly, on some,btit n'ot allTof the food�`establislments ill a gerleral `busi'ness zone` 'ALSO ADMITTED IN WISCONSIN April 17, 2006 Page 2 The City Council should first decide what its purpose and intent is when adopting drive-up facility regulations. What particular public safety or nuisance or concerns are generated by this type of business? Do the City's concerns relating to a drive-up business depend upon what is occurring on the interior of the business establishment or do the City's concerns relate to traffic safety, traffic stacking, noise, lights, trash and/or the proximity of the exterior activity to a residential neighborhood? Are these concerns unique to the food business or are they the same for all drive-up businesses? I cannot answer these questions for the City because the answers are legislative in nature, but I would recommend that they be discussed before amending current regulations or adopting new regulations. Very truly yours, Jerome F': 911a i J PF:jtc E° FAusersVanicelDaily Dictation(17-06).wpd ��`' Labe Elmo Agenda Section: Planning,Land Use and Zoning No. 9E City Council March 21,2006 Agenda Item: Amend GB Zoning District Text Restaurant Drive-Up Facilities Background Information for March 21,2006: On lurch 13, 2006 the Planning Commission conducted a Public Hearing to consider an amendment to the GB zoning district to permit drive-up service windows in restaurants/cafes. This proposed zoning text amendment was proposed by staff following denial of a building permit to Gorman's restaurant for construction of such a facility based on lack of specific Zoning Ordinance use authority. The Commission discussed the amendment at multiple meetings with the primary issue being whether or not such a drive-up facility should be permitted to include a remote menu board and intercom ordering equipment. The conclusion of the Commission was that the menu board/mtercom features would not be in the public interest and should be prohibited. Another concern of the Commission was whether the drive-up feature would open the door for typical fast food restaurants. The Commission concluded that the very specific definition of"Restaurant" found in Section 150 of the City Code essentially precludes fast food restaurants. The prohibition of menu boards/intercoms appears to further limit the probability that a typical fast food restaurant could be accommodated by the Zoning Ordinance. The at draft ordinance adds Drive-up windows for restaurants as an additional Permitted Use in the GB zoning district subject to the menu board/intercom prohibition—as recommended by the Commission. Person res onsible: Action items: C' P er Motion to adopt Ordinance#97—amending the text of Section 300 of the City Code(Zoning Ordinance)to add drive-up windows as a Permitted Use for restaurants in the GB zoning district. Attachments: J Time Allocated.: 1. Draft Ordinance#97—Amending the Zoning Ordinance Text 2. Draft Planning Commission Minutes of March 13,.2006 3. Approved Planning Commission Minutes of January 23 and February 13,2006 4. Gorman Documentation CITY OFLAKE ELMO W.ASHINGTON COUNTY, MINNESO'T'A ORDINANCE NO. 97-168 AN ORDINANCE AMENDING SECTION 300.07 SUBDIVISION 3.H.l.a. (Table:) ADDING A PERMITTED USE AND STRUCTURE IN THE GENERAL BUSINESS ZONING DISTRICT Section 1. Amendment: Section 300.07, Subdivision 3.H.1.a. (Table) of the Lake Elmo Municipal Code is hereby amended to read as follows: Cafes and Restaurants (Limited to full table service operations) Cafes and Restaurants—Drive-up Window (Menu boards and intercom systems prohibited) (Adequate vehicle stacking must be provided) Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. ADOPTED by the Lake Elmo City Council this 21�c day of March,2006. Dean Johnston,Mayor ATTEST: Martin J. Rafferty, City Administrator Published in the Lake Elmo Leader General Business Accountiri� Advertising (Sam fabrication not a Permitted use Alterations el Cleaning piqk-up Stations A arel Repair and Alterations Architectural Art Gaiiery Auditing Bakeries with production of bakery goods limited to retail sales) Barber Services Beau Shops Bookkeeping Business and Management Consultant offices Business Associations Cafes and Restaurants (Limited to full table service operations) Cafes and Restaurants—Drive-up Window (Menu Boards and intercom systems prohibited) (Ad date vehicle statIdne must be providLdl Charitable Chiro Tactic Civic,Social and Fraternal Association Offices and Halls Collection and Aa ustmem Services Credit Rep orting(Consumer and Mercantile) Dental Detective and Protective Agencies Duplication Educational Employment envies Engineering Finance Galleries Governmental Offices Insurance Investment Labor Unions Legal Libraries Mailing Medical DRAFT VOTE: 1:7 Failed. M/S/P,Ptacek/Roth to limit No. 4 in the standards that attendance at events should be no more than 20 persons per acre, limited to a ten acre minimum,with a maximum of 500 persons, including event staff. VOTE: 8:0. Commissioner Fliflet a wedding of 500 will need microphones M/S/P,Roth/Fliflet to limit sound to comply with the City Noise Ordinance. The Planner said no sound should be discernible beyond the property line. He read from the noise ordinance. Commissioner Van Zandt said if you can't measure it and don't know the decibel level but nobody is complaining,what difference does it make? VOTE: 7:1 Ptacek-The intention was for no amplified sound. M/S/P,Fliflet/Deziel to remove Number C because there is no reason to limit the hours. 7:1 Nay—Schneider-Can picture this being a hassle. M/S/P,Ptacek/Fliflet to move forward with the text amendment subject to Conditions 1-9, eliminating number six and to include the other amendments already made. VOTE: 8:0. Public Hearing: Consider Code Amendment— Drive-up Service Window Adjacent to a Restaurant in the GB Zoning District The Planner provided three separate text amendments. The first could make it a conditional use permit, second would be a permitted use, and third would be an accessory use which is not much different from a permitted use: THE CHAIRMAN OPENED THE PUBLIC HEARING AT 8:25 P.M. Ed Gorman. Mr. Gorman said he would like to be clear of the differences between restaurants and cafes. Some of those differences are: utensils and plates that are washed,table service versus counter service, menus versus menu board, in fast food there are no tips, in restaurants you tip the server. His requested outdoor menu board would be a marketing tool with less than 10%of his food items on the board. He solicited support from I00's of customers,many of them local,and from fellow businesses on Main Street on a petition. He presented the petition where the signers supported the drive-up service window with intercom and menu board. There is a health and safety issue with the window ordering option. Mx. Gorman said that Minnesota food code says that all openings to the outside be closed as much as possible to keep out insects,etc. Flies are an issue in summer. Without the intercom system and menu board, he cannot envision doing this completely and safely for his customers. Lake Elmo Bank has five speakers. The City could add the provisions for a limited menu board limited to ice creams and coffees. Commissioner Deziel asked when does the sit down become secondary to the drive-up window? If you sell the restaurant,that fixture owner may have a different idea. Mr. Gorman said a CUP could make the difference. This window does not make it fast food. He Lake Elmo Planning Commission.Meeting Minutes of March 13,2006 4 DRAFT will still be classified as a table service restaurant. Commissioner Ptacek said take out customers are telephoning now. This window is increasing the convenience ten-fold but the commission does not want to leave an opening for a fast food restaurant. THE CHAIRMAN CLOSED THE PUBLIC HEARLNG AT 8:35 P.M. Commissioner Roth asked how to preventa larger company from coming into town establishing a temporary table restaurant. Commissioner Van Zandt said if you read a franchise agreement,you don't change the model or you don't get the franchise. Those are very controlled elements. He would like a successful drive- through model in the cities. He cannot think of one that represents our fears. The Planner read the Code definition of a restaurant with quantitative measures for tables, customers, square footage, servers, etc: Chairman Helwig asked about a phone instead of an intercom. M/S/P,Ptacek/Schneider to move forward with the definition of drive-up window for cafes and restaurants in the GB zone with adequate stacking of automobiles and an intercom and menu board prohibited. VOTE: 6:2 Van Zandt and Roth-peels that maybe there was more that could be done to make this a possibility. City Council Update The Planner said that.on March 6,the Council adopted to update the 1990 Park Plan.through the hiring of a consultant.in order to expedite the work. The zoning variance for Haire.for a large home on DeMontreville and Olson Lakes,they denied 4:0. The applicant did not get to make a presentation. They have asked for reconsideration at the next Council meeting. The Administrator said the Planning Commission is invited to participate for the Old Village Master Plan being presented tomorrow at the Council Workshop. Adjourned at 8:52 p.m. Respectfully submitted, Kimberly Anez Recording Secretary Lake Elmo Planning Commission Meeting Minutes of March 13,2006 5 Mr. Moore said-he is not opposed t6 the applicant subdividing the property, but objects to size of lots on a concept plan he received, and feels the applicant could do a better job on the layout without unpacting wetlands and the drainage ditch. He said there is an eroded ditch leading into a culvert that goes under County Road 6, and a holding pond should be placed there for sediment control where the water goes under Stillwater Boulevard, and trees should be preserved. They are old trees. Some have wind damage but there is not much oak wilt in that area. He walked the site last week. The layout could be improved for aesthetics and erosion control due to runoff of the water. That water drains into Lake Elmo Park Reserve. His lot is just south of Raleigh Creek and this parcel. THE CHAIRMAN CLOSED THE PUBLIC HEARNG AT 8:24 P.M. Commissioner Armstrong said that SRD Guiding in the Comprehensive Plan was basically used for existing neighborhoods back in the 1980's with the attitude that they are great neighborhoods but we cannot duplicate them due to septic systems and other problems. The City developed a method for devising SRD Guidings based on five criteria that had to be met before parcels could be rezoned. Perhaps this parcel could go to RED but SRD is absolutely inappropriate for this site. Commissioner Deziel said the water pollution does seem to be a change in condition. He asked the Planner's opinion. The Planner said the water will be taken care of in less than one year and does not constitute a change in conditions that would support a Comp Plan amendment. He also noted that a variance for minimum plat are would be required to go to RE Zoning. - Iv1/S/P,Ptacek/Armstrong to recommend denial of the application to.amend the Comprehensive Plan and rezone this parcel 8740 Stillwater Boulevard to SRD and R-1 based on the findings suggested by City Staff. Commissioner Deziel said he does not see an error to the Comprehensive Plan.. RED guiding might get some sympathy with the Planning Commission. The density of R-1 doesn't comply with neighboring densities. PASSED: 9:0. The Chairman recessed the meeting at 8:31 p.m. and reconvened at 8:39 p.m. Amend Uses in GB Zone to Allow a Drive-up Window The Planner said he wants to be sure the Commission approves what text changes have been made for permitted and conditional use. He will publish immediately following this meeting when a final draft of the Code is determined. Commissioner Armstrong said his concern is that a drive-up window should be tied into an existing sit down restaurant so a coffee shack would not be allowed in the future. "Attached only to a sit down restaurant." In that case the Planner said he would define restaurants differently. Commissioner Pelletier asked if someone can do a carside to go or a walk-up window without it \j- Cc3Li?tl�b{ — _ rarra�vr�.ss. �gt[IVL7 being added to the Code. /( The Planner said a walk-up window would probably be okay. Commissioner Deziel said limited full table service operation is already in there. The Planner would add it to the definition of restaurants in another part of the Code. Commissioner Van Zandt said he lived five blocks off Grand Avenue for,22 years. There -was an empty lot there. The City.would not allow a restaurant applicant to go in there and instead allowed a drag store there that resulted in putting a smaller drug store out of business. If we don't allow some businesses here to thrive and remain competitive,we will lose our significant businesses. We should look for compromises. Commissioner Arnstrong said we are helping our businesses by disallowing menu boards and intercoms. We want to exclude fast food while allowing a business like Gorman's to continue. We always have to look at the big picture. If there are other ways to distinguish fast food, he would like to here about them- MlS/P,Ptacek/Schneider direct staff to publish a revised definition of restaurants in order to allow drive-up service adjacent to full service table restaurant as a conditional use in the General Business Zone as the Planner drafted. Commissioner Ptacek said the CUP gives us opportunity to review space for traflic stacking. Commissioner Fliflet said she does not see the need for allowing menu board and intercom when other restaurants are doing great carside to go business. She sees no need to change the Code to allow it.. She also agrees with Commissioners Armstrong and Ptacek as to protecting our , existing restaurants. Commissioner Park said she sees how a drive-up window could work. She often gets.carside to go. Ed Gorman Mr. Gorman said he has owned Gorman's Restaurant for 26 years. He does-not sell liquor. He has enough room to stack traffic. The proposed addition is only 200 square feet and 100 square feet of it is for adding more ice cream flavors. There are only three restaurants in the GB zone in Lake Elmo. He has been doing this work for forty years and the industry is changing. The window without the intercom is less convenient for customers. Commissioner Deziel asked how we exclude fast food if we approve what Mr. Gorman requests. Mr. Gorman said the Health Department classifies his business as Table Business. Traffic flow would be fine on his site, and it would be a natural fit, Commissioner Ptacek pointed out that it takes no longer if someone talks at the window or uses an intercom. Commissioner Fliflet said people walked up to the window at the old Dairy Queens. PASSED: 7:2 Nay—Fliflet and Pelletier-Because the restaurant owner we talked to had inferred his disinterest in anything other than a message board and.intercom. We voted against those so she sees no need to add verbiage relating to a drive up window since there is no need and rzo . applicant. ' Home Occupations The Planner explained the history of the review of Home Occupations. He asked the Comrnission to review a handout while he rewords some of the table with the City Attomey to eliminate subjective phrasing such as"adequate parking on-site"and "adverse effect on adjacent properties." City Council Update The planner reported that as of one week ago, Metropolitan Council considers our Comprehensive Plan to be "complete". The Met Council now has sixty days to complete its detailed review of the City's Plan.. Commissioner Schneider asked when the nine months begins regarding an amended zoning ordinance and map to match the Plan. The Planner said the nine months will begin as soon as the Met Council Board has concurred in the City's.Comp Plan. That could still be a couple months out. He suggested that the Commission will soon have to pick up the Zoning Code and have a performance-based and form-based zoning refresher. It would be expensive to bring the zoning ordinance consultant Lane Kendig back again. Staff will look to see if we have tapes of the previous workshops with Ke,ndig. Commissioner Armstrong noted that congratulations were in order to Commissioner Fliflet for helping us meet our population goals! The meeting adjourned at 9:12 p.m. Respectfully submitted, Kimberly IScel Recording Secretary probably fit in with the natural setting in the AG Zone but we have to address these other factors. We have CUP s in the AG zone such as greenhouses,kennels, and stables. We would want conditions established in advance for wedding receptions so everyone knows what to expect. NVS/P, Arrrzstrong/Ptacek to direct staff to come back with a draft ordinance in the next few weeks. The Planner said he will investigate how this use is regulated in Stillwater. He agreed with Commissioner Armstrong about it needing to be a Conditional Use. 'COTE: 9:0. give-uplDrive-throngh FaciUdes for Table Service Restaurants in the GB Zone The Planner introduced the request for a minor site plan modification for a drive up window at Gorrnan's Restaurant. The City Code says restaurants with table service are all that are permitted in the GB Zone. Council agreed that clause was designed to preclude fast food restaurants in the City. The Council sustained the administrative decision to deny I&. Gorman's request but directed that the Planning Commission review the Code to determine if it could be modified to allow a drive-up window without violating the original ordinance intent. The Planner believes it can. Oakdale's ordinance distinguishes fast food from classic restaurants. Order boards differentiate them partly because of lights and attendant noise. Commissioner Van Zandt said Applebee's and Chili's car side to go is a successful model because you would not want to order food and than wait for it. The order must be placed in advance. He said this presents convenience for young parents and elderly people. He think- there is a need for it in the City as long as it is controlled. The Planner said Oak Park Heights addresses bank drive-up facilities very well. They must have room for stacking of automobiles on-site. 'Where is room at Gorrnan's but there would not be room at the Lake Elmo Inn or Twin Points. Mr. Gorman said he wants a limited menu board of coffees and ice cream cones. He would face it to the south with a 70 db squawk box. Commissioner Armstrong said that makes it more difficult for the Planning Commission to accommodate the request. Commissioner Armstrong said an intercom and menu board would prohibit it. Commissioner Pelletier is against any kind of intercom, menu board, or drive-up window. She suggested car side to go. Chairman Helwig agreed- Commissioner Lyzenga asked about a walls-up window instead. A Straw Poll was conducted to see which commissioners would be in favor of a menu board!imercom system. 0: menu board/intercom system. Another Straw Poll was conducted for car side to go versus a drive-up window. 5: drive up window without menu or intercom' 9: car side to go- A Straw Poll was taken to determine if the Planning Commission would like to take up this matter. All 9 commissioners agreed_ NUS/P, Ptacek/Deziel to direct staff to draft an ordinance allowing window service without a menu board and without an intercom system allowing this type of use of a restaurant iu the GB _Zone. VOTE: 7:2 Nay-LyzengalPelletier,Lyzenga expressed concern about getting cars to the window in an orderly fashion. Pelletier is worded about a negative precedent. PASSED. Lake Elmo Planning commission Meeting Minutes of January 23,2006 3 The Planner said the City Council wants to see this back in February so he will try to draft something to bring back soon. Proposed Joint Community Playfielid with Oakdale The Planner said the City Council has requested a recommendation for a joint playfield with Oakdale in Lake Elmo at northeast corner of Ideal and Stillwater Boulevard. The Administrator explained the history of the donation request from 3M for a park for the City of Oakdale. 3M offered them land in Lake Elmo. After discussions and meetings,it has matured to a possibility of joint ownership of the land and in terms of capitalization, maintenance, and government and field scheduling. Staff held out for joint governance and joint input on design. Eventually our population"will be close to theirs but meanwhile we are only 30% of their size. So there might have to be consideration of proportionate terms in the meantime until we grow. The City Council asked if this is something we want to attempt, and do we want to take the next step to create a development agreement. The Parks Commission unanimously recommended doing'that. The Planner explained the City's need for ballfields today and into the future. He said the Park Plan is 15 years old. Oakdale is about where we will be at 2030 for population. They have a significant community playfield but it is not enough for their needs. An Old Village community playfield would still be needed in the future. He said it makes-sense from a Planning standpoint. Commissioner Deziel asked about new zoning with RAD2 on the parcel north of Highway 5. He said it would be the nearest Lake Elmo development to this. Commissioner Ptacek agreed with Commissioner Deziel and the Planner. He also said there are not enough dates and times and fields available in Lake Elmo and Oakdale. Commissioner Armstrong would want this park for ages 18 and under and daylight facilities only,no lights on this field. He said it is probably better to create a park here near the railroad without displacing homes and REC units, and it would be a good partnership with Oakdale for the future. The Planner clarified the proposal is for youth only. Chairman Helwig used to be on the Parks Commission in Oakdale and he said the Oakdale Athletic Association and the Parks Commission there are two distinct entities. The Athletic Association does all the scheduling and they will get lights if they want them. Commissioner Schneider said the City is sacrificing 26 acres for no houses and no taxes. We should get more than 50%use of this park. The Administrator said the Cities are insured by the League of MN Cities so liability is not a problem. M/S/P, Ptacek/Deziel to recommend taking the next step to continue the discussions. VOTE: 9:0. Lake Elmo Planning commission Meeting Minutes of January 23,2006 4 Gonmans Regtaiarant 110I 1 Stillwater Blvd. Lake Elmo 34m 55042 December 30, 2005 Trfar. Chines Dill.erud City of Lake Elmo This letter was hand delivered to the city of Lake Elmo office on Friday December 30, 2005 Dear Charles, I have received your response dated December 27, 2005 and I respectfully disagree with your conclusion. Addiiaar a Irive w window to our existing restair-ant will not make ours a fast food restaurant. "You wilt note in the letter that I gave you from the washington county health department; that they, along with their approval of our plans for the addition of a drive up area, ,he classification of our restaurant wiL not change. Our`rood Establishment„ classification is for- restaurants whose main mode of operation is table service. These establishtnents may provide drive up or take out service, but this is not their main made of operation. The"Fast Food" demotion is "a food establishment in which the patron orders and receives the food at a counter or provides its food via delivery or take out only." Surely all of the existing Lake Elmo resw-aura= including Gormaas are-violating the zoning ordinance just by preparing our meals for take out. I have also delivered our meals to various locations possibly another violation. Please do not misunderstand---I don't want any fast Food restaurants to locate in Lake Elmo either. Adding the approximate 230 square feet addition to our existing restaurant.to accommodate a portion of my existing business, will not make me a fast,food restaurant. Gonnans would become a convenient full'service restaurant with accessible take out food pick up ability. It seems to me that the city could,create a"GB-FF" zone that only fast foods could locate in. Currently no land is zoned that way makizig,it clear that those businesses could not locate in the city of Lake Elmo. As far as the city setting a precedent I rather doubt that the other four restaurants in Lake Elmo would be adding a drive up window to their facilities. If so on a case by case basis the city could look at the possibility. Some would probably have to eliminate a portion of their existing parking spaces and in doing so they would possibly not meet the cities parking requirements. We are not going to loose any parking spots. Just because our restaurant would have a drive up doesn't mean a fast food could"buy me our and-operate there. Gorman&has a GB zone and they would need a GB-FF zone. Good luck to them in re-.zoning the par=L In Lake Elmo there are c=enfly two fall service banks operating with drive up available_ To me they are still full service banks. According to the Lake Elmo Mhnicipal Code sect. 200.01, subdivision I1�have the opportunity to appear before the board of adjustment to be heard. Please inform me of the earliest opportunity for this to happen. The relief that I am requesting is that the board would allow us to proceed �Mth our proposed-exTpansion to accommodate our customers r� i vCLl r. ,. AA;zt- p f Fes'° r � � December 27, 2005 Ed Gorram Gorman's Rmtaazrasrt 11011 Stillwater Blvd. Lake Elmo,MN 55042 Dear Ech By Cez-dfaed Return Receivt Mall RE: Restaurant Drive-Up Building Official Tian.McNamara has requested my determination regarding whether the addition of a drive-up facility at your establishment would be in compliance with Lake Elmo Zoning Ordinance sta�ds. My findings in this regard are as follows: 1. Your restaurant at 11011 Stillwater Blvd. is located in the General Business(GB)Zoning District. 2. "Cafes and Restaurants"is a Permitted Use in the GB District,but specifically lin iced by the Zoning Ordinance to"...full table service operations". It is my determination that the"full table service"clause in tbs Zoning Ordinance is specifically intended to prohibit drive-up facilities at cafes and restazmants.Mr.Mc-'NTamara can not issue a permit for the drive-up facility modifications. and I have directed him to return any plans for such:a facility that you have submirted to the City. Section 200,01, Subdivision 11 of the Lake Elmo City Code provides an appeal procedure from any determination made by an administrative officer of the City,The City Council bears the appeal as the Board of adinstments and Appeals.I have enclosed a copy of the City Code Appeal section to which I refer.Please note that you must advise of the City in writing of your appeal within 5 days of this administrative determination notice. Sincerely yours, City of Lake Elmo Charles E.Dillerad -City Planner CC: Martin Rafferty,City Administrator Tim McNamara,Building Official Sharon Lumby Subject: FW: Gorman's Appeal From. Sharon Lumby Seat: Monday,January 09, 2006 10:IS AM To- Chuck Dilierud Subject, Gorman's Appeal John Schiltz, LE Inn, caiied to say he has no problem with Gorman's Restaurant adding on a drive thru to his restaurant. He said he looks at it as making it more convenient for his customers and does not consider Gorman's Restaurant as a "Fast Food" business. This drive thru would not change the rural character of the neighborhood. John pointed out other businesses...Applebee's, Famous Daves, etc. all have take out areas. Sharon 1/9/2006 code sasam 30' zoning, Ordinaum vgc: ..ii; ..,.wr��w.a�,,,. .«.-... .. .,,._,...•e rzn CLr :Nu` bus .n""o . m,rt.,rrrr.. ...�. 'S•L%.•fir c � N•.e...a.� ..v..• r2• .« LlHwxmu.a.uaidrW:. Use♦ - ' .A�� •�w-hn trii�.;�S'rl.,-aPfiY 1' I �� .a��tl�wvk9•F`A[�':'ts. 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'm s a ,� j � y r r fir`i. t • ae. ��'oyzii�AaMtt..^i� • r ':t y Q• p:.rhr.n v.lr Cp.t.r 1 .�kr�rg�yy}��.�{,i.a'YM..(i• 7 �,r=' hnx.F:...1 •}-� -- � ...w•. .. _ - (may f„L.� 1111 �re•eH•$����]�/LQy�(y�a^y�r�,L•{'�rt7k'. ��- mn•�f4..t' a•�•r'• . r • • r•r a.ter mid-_ • J JV4 • .l Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9I City Council May 2, 2006 Agenda Item: Metro Transit Park & Ride Background Information for May 2, 2006: At the April 11 Council Workshop Administrator Rafferty presented a letter from the recently appointed manager of Metro Transit which solicited the support of the City for a Metro Transit project to construct a permanent Park & Ride facility in Lake Elmo. Metro Transit offered three potential sites for the Park & Ride (I-94 and Keats, or Lake Elmo. or Manning), and suggested that any of those 3 sites could co-locate a City water tower. The Workshop consensus was to refer the Metro Transit proposal for Planning Commission review and recommendation. The Planning Commission reviewed and discussed the Park& Ride proposal at its April 24 meeting. Staff reported to the Commission that the City Engineer advises that only the Keats Avenue site would `.probably" work for a water tower co-locate. The Commission adopted a Motion both recommending that the City continue to work with Metro Transit on a Park& Ride in Lake Elmo; and, that the Keats Avenue site is the preferred option. Person responsible: Action items: Motion providing direction to staff regarding the proposal of City Planner Metro Transit to build a Park & Ride facility along I-94 in Lake Elmo. Attachments: Time Allocated: 1. Metro Transit Letter and Map Attachment 2. Draft Planning Commission Minutes of April 24 3. Planning Staff Memo Excerpt DRAFT Planning Commission Meeting Minutes April 24, 2006 Metro Transit Park and Ride 1 Metro Transit Park and Ride The Planner said the Metropolitan Council would like to place a park and ride on a site where the City could also co-locate a water tower in the area of the City south of I Ou' street. The map submitted by Metro Transit indicates sites at interchanges off of 1-94. Metro Transit proposes the Lake Elmo side of the highway for incoming traffic to downtown Minneapolis from the eastern suburbs. They are looking for a permanent facility to replace the temporary facility now at Guardian Angels Church. Federal funds would be used to construct the facility for about 500 cars. The Planner said that the City Council at their last Workshop,asked for a recommendation from the Planning Commission whether to support park and ride and if so,which of these three sites would be preferable. The City Engineer recommends the Keats location as most suitable topographically for a water tower. Guiding for Keats and Lake Elmo is Limited Business and Business Park at Manning Avenue. Commercial RECs lost will be 40 employees per acre. The Administrator said this will be an express bus route with direct service to Cimarron. Metro Transit has its own security. M/S/P,Park/Van Zandt to recommend the site at Keats and 1-94 for a Park and Ride because it is the best site for a water tower. Vote: 6:3,Nay: Helwig, Schneider, Ptacek- Not enough information. Schneider-We do not have enough information,and we should not be pinning it down to a location. Metropolitan CouncilAt i Buddin,,g Comm n ies that work Ni 0^�6 nF �� EC 1 V E Q. OV,t Marc h 20 2006 VIAR Z 2,00.6 ' i Martin Rafferty; City Administrator City of Lake Elmo 3800 Laverne Ave North Lake Elmo, MN 55042 Dear Mr. Rafferty, i As you may know,Nacho Diaz recently retired as the Metropolitan Council's Director of ; Metropolitan Transpofation Services: I would like to introduce myself as the new Director. I am a registered professional engineer with a civil engineering, construction management and transportation background. My transportation experience includes both roads and transit in the private and public sectors. I would like to talk with you about the potential permanent park-and-ride in the I-94 East corridor. My understanding is that there has been some previous discussion between City of Lake Elmo and Metropolitan Council staff regarding a park-and-ride including possible sites. I also understand that the City of Lake Elmo is interested in constructing a . water tower on a potential park-and-ride site and would like to learn more about that concept. A meeting would also offer the opportunity for me to share with you some possible enhanced bus service concepts in conjunction with start-up of operations at a new par-. and-ride—specifically service for Lake Elmo's Cimarron neighborhood. I hope you agree that the potential joint use of a water,tower and park-and-ride facility plus enhanced bus service could be a starting place for us to discuss our needs and possible solutions. Please give me a call at (651) 602-1754 to arrange a meeting. I look forward to hearing from you. Sincerely, Arlene McCarthy Director, Metropolitan Transportation Services cc:' Toin Weaver, Regional Administrator www.metrocouncil.org Metro Info Line 66 230 East Fifth Street St.Paul,Minnesota 55101-1626 • (651)602-1000 • Fax 602-1550 T IY 291-0904 An Equal Opportunity Employer - I� - l:,.y �•3 F��r,.t�-^.T��F'i��k ,, '.1+H�I� i- n}, r,. �I �•--- �L�i- f I�� S -r ��! �, �II L Ef � - , .. ^ _ 4 I✓� ! 4� _11 >u I 1 l grr �}'!l ye,µ�lF, >(f y.rl�� {I' VY t r � Y Iq--''-�1-'r y� T' u � �7-jf7f Y�EJI �� yII 7d 1�,IaJ�f� ' r xsf1 �I �0 �-� fir: ram- "�,. �� x E.: - f 1 1 - 2--� � til+l.k J r`r-zF* �n t �'� 1 \- }, � 3-.•,�T.nr -��q. [.,f �' -'"�as� 'rn,•I`ti 1 1 J 4 t r :�J,,,.,r I •j FIR -,•` v !tivk�E,r f 'r !•�. ra�a•$'t r h t F.r li ,� Ff. :,, ;', i��` •a IS.r I •- �d7+L�1;`E1'�'4 :a �',It`��'1 n -. •:t 5 a .,x, t -';�_ •, Ic+f,+..i;••"} s ft17� ��'' r� k- � � _ --�� `r•M' s edn:,it., �"'b`". 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J{:pr F v±, s 9 '�:�..�f nt r�•,r �,r,r f_ ym '-. iII �. .W.r.,7}r r'tia.r f/i�' ei< � ;��.. �.�1�:�:��` 7 •,�I�{�. td. t`�1�'.� .:��Ix'!2., :i, - _ I�' �`�L.�dJ�Jf..:71�_�Xr:���irr a �- . 1'r Ma, 4irM ON �!' "�" I T - WM® (April 20, 2006 for the Meeting of April 24, 2006) To: Lake Elmo Planning Commission From.: Chakg�� Subject: Metro Transit Park/Ride—I-94 The new-Director of Transportation Services at the Metropolitan Council has approached the City Administrator regarding a potential permanent park/ride facility in Lake Elmo to replace the temporary facility now operated by Metro Transit at Guardian Angels Church. The City Council briefly reviewed. the Director's letter and attached map at its April 11 Workshop, and referred the matter to the Planning Commission for advice -and recommendations. I believe the City Council is requesting the Planning Commission's comments as to: 1. Should the City support a Park/Ride facility in-Lake Elmo — regardless of location; and, if so,. 2. Which of the three locations suggested by Metro Transit would be preferred for such a facility. Wis. McCarthy has not, by her March 20 letter, provided specifics regarding'the proposed facility. Most of what City staff knows of the proposal is based on information provided the City in. 2004 related to a Metro Transit federal grant proposal to construct such a facility, as follows: 1. The facility would have a 500 car capacity. 2. The facility is designed to serve a dedicated bus route from Lake Elmo to Minneapolis—now operating out of Guardian Angels. 3. The buses utilizing this facility will be of special design utilizing alternative fuel to diesel. 4. The original federal grant application specified$4 million to construct the facility, and another$4 million to purchase the special buses. Ms. McCarthy has indicated in her letter that enhanced transit service to the Cimarron neighborhood from this new facility could be a_ significant advantage to Lake Elmo residents. She also suggests that a Metro Transit Park/Ride. site in Lake Elmo could also be utilized as a water tower site by the City. There is no question that a water tower site will be required south of 1& Street and remotely located from the Eagle Point Well #3. We requested advice from the City Engineer as to which of the 3 sites Ms. McCarthy has suggested would be suitable (from a topographic perspective) as a City water tower site. j oc p ant Lake Elmo Campus Lake Elmo,Minnesota '-.............1 j ~~'�•�, SPILLWAY wi - \ 972 `a72 SEE\PETAIL J OR s,: Ll III ECTS IP 10 .•� ,`��` � 2) 25 1 � Lawenn Cnmm9ns -------------------------------- 380SGPctcrN 5512,1 600 SOME IN FEET 9 Saint P9+il,MN 551(12.1996 •/ ��—~\ 1 T 07� 9TA 79.,.. \ -...z—._..,...._......__,_� LEGEND 0 651.222.3701 CCBsullvqu M//r »Y .a4---." ..� _�\\` '�''i V •� 2f Nr \ \e WETLAND AREAS WETLAND BUFFER �X PROPOSED CURB&GUTTER F -Horn R.O.W.LINE _ Kimley PROPOSED WA7ERMAIN and Associate s,Inc. w n ox,vEBurr.K.vssr,lw�c HSn,` ♦" /�T Iv 1 C6 rr 1 .\ PROPOSED CATCH SAS1N r 1 1 BI.I'q!,wNHfl9lA sSIH 20 19 I \ \\ \ \ FIRE HYDRANT&GATE VALVE ♦ 0 1 rer.xa<sA>q!-ms �i /�1 �� ` • 1 I ` } \9? \\ MANHOLE } I ' 21 PROPOSED STORM SEWER > £` 11 \9>4? \ 1\ PROPOSED SANITARY SEWER ......................p„...._.........,,.... '� EXISTING CONTOUR --978_ -1180- er ( - �' ! 1 I 17 \ ^` \ �i \ '�•�-�''+ PROP05ED CONTOUR EROSION CONTROL FENCE —b �'/_✓ — " l'.,r-..,� €ice.« ® IlmMm(IIWFa�tmalgelBaR9arcdhl `/ •�i"' \\ ea \ \ ,e g,c ROCK CONSTRUCTION ENTRANCE 1 gl mteade o(4xlfq�w adl6dlmBkpim9d ———— FLar-.•..•r.•.. &fig F- ",✓ " �•.� 6 q �wr *AIIII w Mk bland$I%cl y�lmla -,AREA F MONUMENT SIG 9 ,-�` a'0 � `yc, \ `' \ - RIP-RAP !� 3� oa /J� a A •�,rX.••.a4- ^ I \_ dT-- STORM STRUCTURE NO.NOTES: BQ'eib 9oa m 10 I%xo.nlsT 1. SITE GRADING,UTILITY INSTALLATION AND ROADWAY bRAI�N 715 S M pjq (i J CONSTRUCTION SHALL BE SCHEDULED SD THAT THE GENERAL � �£n ygq"�nY ,1 TO URF '5 76 SITE CAN BE SEEDED AND EROSION BLANKETED SOON AFTER B1' Il,m Dale / ANDSCAPE HE �P IL 58 DISTURBANCE. ALL DISTURBED AREAS SHALL BE SEEDED AND S 2 ' \ �' ` GRADING O WITHINrTF 11 DAYS AFTER G ADING INACTIVITY, OF FINAL �_a!Y�a� OD SET s ® ALL PRO OR AFTER 14 DAYS Of GRADING SHALL S�"�n 0A SE1 1 L7. b 2, ALL PROPOSED SLOPES GREATER THAN 3:1 SHALL BE COVEflED ��pg nNAL QT/1�OG •.,J r, ". ` ` ` ,}� ``�'\ WITH EROSION CON'fROI.$LANKET, ��.,m S� ` ♦ �9 3. SILT FENCE A ROUND WETLANOS SHALL BE INSTALLED 16.5 FT. FROM DELINEATED EDGES. - ' 4. ADDITIONAL 91L7 FENCE MAY BE NEEDED DURING CHURCH 111CO INSTRUCTION. TEMPORARY 5.TEMP ARY ROCK CONSTRUCTION ENTRANCES SMALL BE UPPER LEVEL ELEV;/999.9d "^ � `\- INSTALLED AND MAINTAINED• I- Z �', •\` 6. STREET SWEEPING SHALL BE PREFORMED IF SEDIMENT COLLECTS o ON STREETS, p a LOWER LEVEL ELEV:I 975.9 - \ j � DIFFUSER 7. A7 CATCH BASIN INLETS,MnDDT STANDARD SHALL BE USED. '— '•— .�,... �y\ OASIN B. CURB DIMENSIONS ARE TO FACE DF CURB. 0'.- o m I rlrl...... A �\ l \ SEE DETAIL I 71 TU } \ 12 >r U rmV o , } F�r9�2—�, • N� i "'S_ "A_ �.-1. j �1 \" \� \ — -- TREATMENT PONDS H o oo /,•';,.�" �r w \ 80770M SPILL rz 976y �� \ POND ELEV, ELEV. d o o%g 970.50 Y 4 DRAIN TILE SYSTEM z' - uECT TO SEWER PIPE, I TP111B 9s7.00 970.OD UO ao 3 I \ \ //j SEE LANDSCAPE,$4iF�,1 S_ _ \ .^7� \ 0�s of 7 Q --SoR. L -�` R —— TYPICAL SECTION FOR ROAD "A„ \ $TA 0+60 TO S7A.20+10 R/W Ct R/w 215' 25' o o vT N E. �\ \ , �� \ C\ 1 1 f}/� • /� ♦ / a� �` } , ~~ 12' 12'-- YaraN ' \ \ \ \ sue' �"^ \\•—.�— / A" GRAIN TILE SYSTEM 4+1 A,A LANE LANE µ K• r cd / "^-•\ \ \ \ 9j>�I\•� /`// } } \ TO OAYLIONi TO SURFACE $Lp —2.0% 2.0•d— 2-OX gT. �`'`• �` 4 AS SHOWN SEE LANDSCAPE x w \ \ \ r,_ ,_.....�,-.....:,", s+�..s-""•/ / / / \StEVS FOR PIPE DETAIL p N SLOp T" i a \ I Q) 1 ---- \;_./r r I' t t / — ———•— A619 CONC.CURB 8612 CONC.CURB m "' z /\ I - 2� \ / l I / r\ 2'OF MNDOT SPEC 2350(MVWE350358) w m o ri g \ / 4 , 1 I �9?fl��,-` r I l+l• I! // BlIUM1NPU5 WEARING COURSE z w W _ �. I OF M SPEC MYNW25 0358 BITUMINOUS RON»WEARING COURSE a GI a w o a'OF MODOT SPEC 2211 CLASS 5. SHEET N'0, AGGREGATE VASE APPROVED SUBGRADE. o i 1 \�•'� . A / \\.��. \ .�' ®Y �a r , . / �n Ally \ \. \ COMPACT FOR UNIFORMITY CJ NCI.15.2005 Rv a�,n xa aw.ua PO0 Wal Alk GRADING,DRAINAGE r AND EROSION CONTROL NOTE: 22%34" SHEET SIZE REQUIRED FOR PC PROPOSED IMPROHT OFVEMENTS WITHIN mmI. 200.2VG I a i i3 ____-____ -_ - ------------------------------ -- -- -- -------- ---;---- ----------- ------ ; tHl"i T Y Lake Elmo Campus Lake Elmo,Minnesota Bois fix R-i 0612 R75 ,�_ SEE SHEET 200.2CR FOR p _ — N �AUGNMENT DATA _ C}F d 22 19 27 26 15 15 `6 0 15 ro 60 35 34 R15' 35 17 17 SCALE IN :-AT ' 36' - - 155 31' w1c AJRCHITE TS 7 .3 ^ 390 It Pa.,Sft. 6.dtc G00 WETLAND AREAS ............ r Sam Pma1,MN 55102.1996 24' WETLAND451,222.3701 BUFFER r r•a r`r••O r•^�'r`r r 651.222 f (Tw) Ev _ 4" SOLID VMITE WOODLANDS �/�i--�/"�•--�•,.��./ J - (7g`—N — STRIPE(TYP) PARCEL LINE -- - • — --- • Y^ ®_ PROPERTY LINE -- — m"' EASEMENT LINE -——————---——- Kfmisy"Horn CURB k GUTTER(9612) and Associates,Inc. n / TIP GUTTER OUT 2s.ux,vEaL1r w"Emak nvE. St.PrA, 5a4 ? 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Br p 6' LN- 2 1 06 GRI 2.� M(TYP) BLDG CPoD 1,F 4, I R20• STA 2+90.35 87,19'RT. 1 BUILDING GRID 0 4' WIDE COORDJNATES CONCRETE q j1 GRID NORTHING FASTING (I R50' SWEWALK g UPPER LEVEL ELEV: 989.90 R44' R25' f 1 2D456541 A83592.91 r / 42%RDAMENTAI FENCE �y ll! 4. 204966,41 4836R3.63 —v �� I SEE ELEV LANDSCAPE PLAN h R w: LOWER LEVEL _ o ,a ..d r .... r ..a, ery L. : 975.90 - — 9446,17 ry SEE ARCHI7ECTURAL PLAN^---'/��— _♦ STA 2436,56 3 �' ®31.94'R7d+ 0 S9'RT• M \y FOR BUILDING GRID LAYOUT ,r f,I MODULAR BLOCK RETAINING WALL �(�y� 4' 4ADE CbNCRETE f I I ISEE LANDSCAPE PLAN �:/ SIDEWAUC PARKING- ` 9^ 9 ADA ACCESSIBLE STALLS 9 PARKING TALLB TABULATION — WETLAND � LANDSCAPE SIDEWALK 0 A 8' WE BITUMINOUS PLAN FY' PATH TO FOLLOW CONTOUR Iii , �rrl R7-BB oo �� � I _ l �'• MODULAR BLOCK 40 ♦ �� Dd. hH. u WALL RETARJRdG I r SEE LANDSCAPE PLAN �` , NDJ. 75,26D5 RSF Yv o + ( oo POD I I ! a.x Na m.axe Y Y" Vd i f WETLAND j I SITE PLAN z I ♦��+ � I d � // at I ` r2 GOO.iAPS rf,I�AI` ti. �zlwzp • , rl w*a -wwr-w:>ry z �swsrvns•�r•:w•7rr^>r.r_��r��ivme�r•i�ra.r +�ef+o:'�t•AtslrrC°s ,' ,. - - •il .-k- � ���1 ' "�"`_ "��w' -_ - - Brea.r..�rmlrrvms�,..urrmr-r•�-� � r �����fftf`�Itf♦♦aJI�4♦C`�_ r� M� � I � an�r,� _ cy�rn:eecu:ualtpoermn'+n�..� ••a • . 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