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HomeMy WebLinkAboutOctober 17, 2006 CCP Mayor:Dean Johnston bake Elmo City Council 3800 Laverne Avenue No. Council members: Rita Conlin TUESDAY Lake Elmo, MN 55042 Steve DeLapp 777-5510 777-9615(fax) Liz Johnson October 17 2006 Anne Smith Please read: Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed,please fill out a"Request to Appear Before the City Council form; or, if you came late,raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. INTERVIEWS: Parks Commission 6:00 p.m. John Booher, Susan Dunn (Out of Town) MAC Commission 6:15 p.m. Steve Ziertman, Steven Gurney Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance I. Agenda 2. Minutes: October 3, 2006 3. PUBLIC INOUIRIES/INFORMATIONAL: Public Inquiries/Informational is an opportunity for citizens to bring the Council Is attention any items not currently on the agenda. In addressing the A. PUBLIC INFORMATIONAL• Council,please state your name and address for the record.and a brief summary of the specific item being addressed to the Council. To allow adequate time for (1) Sandy Cullen—County 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 Commissioner District 2 Council prior to the meeting or as bench copies,to allow a more timely 4. CONSENT AGENDA: presentation. A. Resolution No. 2006-108:Approving Claims B. Monthly Operating Report 5.FINANCE: Tom Bouthilet A. Capital Improvements Program; Resolution No. 2006-109 6.NEW BUSINESS: A. Appointment to Parks Commission and Maintenance Advisory Commission 7. MAINTENANCE/PARK/FIR ,/BUILDING: A. Lake Elmo City Council Agenda October 17,2006 Page 2 8. CITY ENGINEER'S REPORT: A. Adopt Assessments for the Phase IV Water Interconnect Project-Resolution No. 2006- ; Response to the two objecting Property Owners B. Award Bids for Plumbing Contract A and B; Resolutions No.2006-110, 111 C. Authorization for Sanitary Sewer Study for Old Village D. Approve Plans for Well Sealing for Contract A and B; Resolution Nos. 2006-112, 112 E. Water Service Right of Entry-Tablyn Heights Water Project(Resolution will be handed out.) 9. PLANNING LAND USE & ZONING: C. Dillerud A. Hardy Douse Move 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCIL BUSINESS AND REPORTS: A. Mayor Johnston B. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith October 18, 30, 6 : 30, Special Planning Commission Meetings on Zoning DRAFT CITY OF LAKE ELMO CITY COUNCIL MEETING OCTOBER 3, 2006 L AGENDA 2. MINUTES: September 19, 2006 3. PUBLIC INQUIRIES/PUBLIC INFORMATIONAL: A. PUBLIC INQUIRIES: B. PUBLIC INFORMATIONAL: 4. CONSENT AGENDA: A. Resolution No. 2006-101: Approve Claims B. Resolution No. 2006-102: Partial Payment Park Construction C. Resolution No. 2.006-103: Partial Payment CB & I D. ResoIution No. 2006-104: Final Payment G.M. Contracting, Inc. - Water Systems 5. FINANCE: 6. NEW BUSINESS: A. Set Date for Parks Commission and MAC Interviews (addition) 7. MAINTENANCE/PARK/BUILDING: A. Building Dept.: (1) Movement of Building onto Hardy Property (2) September Building Activity Report B. Fire Dept.: (1) Joint Fire Dept. and Planning Commission Workshop—Fleet Plan(addition) 8. CITY ENGINEER'S REPORT: A. Public Hearing: Resolution No. 2006-105, Adopting Assessments: Proposed Assessments for Phase IV Water Interconnect Project B. Ordinance No. 97-182: Extend"No Parking"on 151h Street to Ivy Avenue C. Resolution No. 2006-107: Approve Plans for SCADA(Supervisory Controls and Data Acquisition) D. Resolution No. 2006-106: Award Contract for Northern Water Main Extension E. Riley Construction Update—verbal 9. PLANNING, LAND USE &ZONING: A. Zoning Ordinance Amendment-Accessory Buildings (postponed) B. Ordinance No. 97-180: Septic Pumping and/or Inspection C. Xcel Fly Ash Landfill Siting—Update on Meeting D. Ordinance No. 97-182 (AG), Ordinance No. 97-I83 (RR), Ordinance No. 97-184 (OP): Re-Establish/Modify OP Development—Amend AG, R.R.and OP E. Ordinance No. 97-185: Development Moratorium—Village Area F. Village Area Planning(verbal) G. Seasonal Sales (addition) 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. St. Croix Family Community Center 12, CITY COUNCIL REPORT: A. Mayor Johnston B. Council Member Conlin C Council lVleii�lier DeLa PP D. Council Member Johnson E. Council Member Smith LAKE ELMO CITY COUNCIL OCTOBER 3, 2006 1 ' DRAFT Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council Chambers, COUNCIL MEMBERS PRESENT: Conlin, DeLapp, Johnson and Smith. STAFF PRESENT: City'Administrator Rafferty, City Planner Dillerud, Building Official McNamara, Finance Director Boutlulet, Fire Chief Malmquist, City Engineer Prew, City Attorney Filla, City Clerk Lumby and Recording Secretary Freeman. Pledge of Allegiance: L AGENDA: Additions: 6A: Set Date for Parks Commission and Maintenance Advisory Commission Interviews; 7B: Fire Dept, Fleet Plan workshop; 9G: Seasonal Sales in RR zone; 12A: Complete Administrator's Review. Changes; 2: Minutes—move to end of meeting. Removed: CLOSED MEETING: Park Construction/EBI M/S/P DeLapp/Johnson—to approve the October 3,2006, City Council Agenda as amended. (Motion passed 5-0) 2. MINUTES: M/S/P DeLapp/Smith—to direct Staff to review the September 19, 2006, City Council Minutes, make changes and email the corrected/changed minutes to City Council. (Motion passed 3-2: Johnson and Conlin) 3.. PUBLIC INFORMATIONAL/PUBLIC INQUIRIES: A. Public Informational: None _ B. Public Inquiries: Ms. Kathy Saltzman introduced herself as a candidate for State Senator District 56 and shared the concerns she has heard,as she has been door knocking. 4. CONSENT AGENDA: A. Resolution No. 2006-101: Approve,Claims M/S/P Johnson/Conlin—to approve Resolution No. 2006-101, approving Claim Numbers 350, 351, DD910 through DD923,29733 through 29745,were used for Staff Payroll dated September 28, 2006; 352, 29746 through 29797, in the total amount of$818,448.30 are hereby approved. (Motion passed 5-0) B. Resolution No. 2006-102: Partial Pa ment to Park Construction M/S/P Johnson/Conlin—to approve Resolution No. 2006-102, authorizing Partial Payment No. 3,Tablyn Park/Lake Eli-no Heights Water Main,to Park Construction Co., in the amount of$472,571,77. (Motion passed 5-0) C. Resolution No,2006-103: CB & I Constructors, Inc Council Mdm3 er-Smith asked ifthe City laas ewnpleted-fhe agreement regarding the 10= year water tower warranty discussed previously, including the monitoring at the 6-8-10 year intervals. She noted that it seemed illogical that the same firm that was supplying LAKE ELMO CITY COUNCIL OCTOBER 3,2006 2 DRAFT the warranty would also be doing the periodic inspections of the tower's structural condition. City Engineer Prew informed the Council that the warranty agreement is still being reviewed by CB &I, and will be presented at a future City Council meeting. M/S/P Johnson/Conlin--to approve Resolution No. 2006-103, authorizing Partial Payment No. 7, Elevated Water Storage Tank No. 2, to CB & I Constructors, Inc., in the amount of$109,346.43. (Motion passed 5-0) D. Resolution No. 2006-104: G. M. Contractin Inc M/S/P Johnson/Conlin—to approve Resolution No. 2006-104, authorizing Partial Payment No. 3, Water System Interconnect—Phase II,to G. M. Contracting, Inc., in the amount of$18,448.33. (Motion passed 5-0) 5. FINANCE: None 6. NEW BUSINESS: . A. Set Interview Date for Parks Commission and Maintenance Advisory_ Commission Applicants A. City Clerk Lumby informed the Council that the Maintenance Advisory Commission and the Parks Commission each have one opening. Two applications have been received for each Commission. The City Clerk is requesting Council direction regarding scheduling of interviews and a time frame. M/S/P Johnson/Johnston - to direct Staff to schedule the applicants for 10-minute interviews on Tuesday, October 17,2006, at 6:00 p.m.,prior to the regular City Council meeting. Staff will inform Council of the interview schedule. (Motion passed 5-0) 7. MAINTENANCE/PARK/BUILDING: A. Building Dept.: (1) Movement of Building onto Hardy Property The Building Official reported that a Building Permit had been issued in November 2006, to move a home in Lake Elmo. The home is still on blocks, creating a safety hazard because no fence has been placed to surround the hole in which the home has been placed pending construction of footings and foundation. He stated that at least a fence was needed around the open hole to mitigate what he views as a hazard to the public. He reported that three Certified letters have been mailed to the property owner regarding installation of the fence, and no action has occurred. He reported that he has issued a citation regarding this public health/safety hazard. Linda Hardy, 2742 Ivy Avenue North, stated that a fence will be put around the property by Wednesday, October 4, 2006. She also stated a contractor will have the house on the foundation by the end of October 2006, and is requesting an extension of the time allotted to complete the project until July 2007. The Council discussed the health and safety hazards as a priority and determined that Staff has the authority to move forward. They noted that due to the amount of mud and sa ground;the house is riot stable and the 1"iiile excavated for the new Basement needs to be secured. LAKE ELMO CITY COUNCIL OCTOBER 3, 2006 3 DRAFT City Attorney Filla informed Council that the City has a Letter of Credit securing the house moving project and required improvements to the house, which expires November 10, 2006. The City cannot act on the property until then. If the property is a nuisance, the owner then has five (5) days to complete the project. Resolution 2005-118 requires the work to be completed by November 1, 2006. City Administrator Rafferty stated that Ms. Hardy should return to the October 17, 2006, City Council meeting, with the expectation that the fence is up by the end of day, October 4, 2006, and the footing/foundation completed by that Council meeting. He also proposed there be a developer's agreement, with milestones, if an extension is granted beyond November 1,2006, for the remaining work. (2) September Building Activity Report Building Official McNamara reported that new residential construction has continued its slow pace through the month of September. B. Fire Dept.: (1)Joint Fire Dept. and Planing Commission Workshop--Fleet Plan Fire Chief Malmquist requested Council to schedule a joint workshop session with the Planning Commission and the Council to discuss a Fleet.Plan. Council requested that a meeting not be scheduled until after November 7, 2006, EIection He reported that Fire Prevention Week is October 8-14, 2006, and Open Houses will be held at both Fire Stations, from 6:00 p.m.—8:00 p.m., on Monday,October 16, 2006, The Fire Chief also reminded residents that when they change their clocks, it is a good time to change the batteries in their smoke detectors. 8. CITY ENGINEER'S REPORT: A. Public Hearing; Resolution No. 2006-106,Adopting Assessment for the Water Interconnection Proiect—Phase IV The City Engineer presented the proposed assessment roll, which was based on appraisals of increased property value resulting from the water service. He reported that the proposed assessment amounts are the same as those earlier reported to the Council, with the exception of the Prairie Ridge Office Park. The office park complex requested three additional water services be installed to provide drinking water. Excluded from the assessment were the wetlands. Mayor Johnston opened up the Public Hearing at 8:48 p.m. Mayor Johnston read for the record, letters from Joan Tauer, 8633 34t' Street North, and Dennis Ostrander, 8611 34"' Street North, indicating their objection to the proposed assessments. There was no one to speak for or against the proposed assessments. Public Hearing C16sdd at 8:57 p:m. LAKE. ELMO CITY COUNCIL OCTOBER 3, 2006 4 DRAFT City Attorney Filla requested that the City make Findings, and make a determination regarding each of the objections. M/S/P Johnson/Smith—to table and have the City Engineer return with additional information on the assessments for the Water Interconnection Project—Phase IV, by preparing responses to the two residents objecting to the proposed assessments, (Motion passed 5-0) B. Ordinance No. 97-181: Extend "No Parking"15th Street to Ivy Avenue City Engineer Prew informed Council that complaints had been received from residents on 151h Street regarding people parking their vehicles on the street and walking into the Lake Elmo Park Reserve. He is recommending extending the"No Parking"signs one- half(1/2) mile West from the edge of the park along 15th Street North. This recommendation does not include the cul-de-sac street within the Cardinal View development. M/S/P Conlin/DeLapp--to approve Ordinance No. 97-181,relating to Section 1005.04 (1) (Parking Prohibited 15th Street to Ivy Avenue)to the Lake Elmo Municipal Code, (Motion passed 5-0) C. Resolution No 2006-107 Approve Plans for SCADA(Supervisory Controls and Data Acquisition City Engineer Prew explained that SCADA is an electronic monitoring system that will enable the Public Works Superintendent to access information regarding the status of city wells, water towers and ultimately the sewer lift station. All information regarding these facilities will be available at the Public Works garage and Public Works Superintendent will be able to operate the various valves and settings remotely from that location. He reported that the SCADA System was included in the original cost estimates of the water tower estimate. M/S/P DeLapp/Johnson—to adopt Resolution.No. 2006-107, approving Plans and Specifications and Ordering Advertisement for Bids SCADA(Supervisory Controls and Data Acquisition). (Motion passed 5-0) D. Resolution No. 2006-106: Award Contract for Northern Water Main Extension The City Engineer informed Council that property acquisition is complete, and recommends awarding the bid to G.M. Contracting,Inc. Council Member Smith requested clarification of the contract as the route has changed with the new alignment proposal by the Bergmann's. City Engineer Prew said that plans will be revised and the agreed upon alignment will be used for constructing the pipe. He noted that there will be little or no additional construction cost related to the realignment. The City Attorney said the title work needs to done but construction on the property can begin. City Engineer Prew stated a Change Order, extending the completion date, will be presented to Council at the-next meeting. LAKE ELMO CITY COUNCIL OCTOBER 3, 2006 5 DRAFT M/S/P 3ohnson/DeLapp—to approve Resolution No. 2006-106,awarding the Bid for the Northern Water Main Extension,to G. M. Contracting,Inc.,in the amount of $411,812.68. (Motion passed 5-0) E. Update on Rile Construction: verbal The City Engineer informed Council that Riley Construction and Staff met last week. The status of remaining Phase I and Phase III water extension work was reviewed and a firm agreement was reached. Restoration and clean-up will be done by October 20, 2006. 9, PLANNING, LAND USE& ZONING: A. Ordinance No. 97-180: Zoning Ordinance Amendment--Accessory Buildings The City Planner informed the Council that the City Attorney has drafted an amendment to the zoning ordinance regarding allowable accessory buildings in the "non-conforming" AG zoning district as had been directed by Council. He explained that the draft was being first presented to the Council for concurrence as to intent prior to beginning the prescribed zoning ordinance amendment process. The City Attorney reported that the previously approved City Council interpretation of allowable areas of accessory in the Non-Conforming AG zoning district is somewhat unclear. As such he had provided two drafts of the proposed text amendments for Council review and direction. M/S/P Smith/Johnson—To send the draft Ordinance 97-180 (draft 2), relating to Accessory Building, to the Planning Commission for review with the following modifications - change the wording for AG non-conforming,up to 10 to read: "Two (2) two buildings with a combined area not to exceed two thousand(2000) square feet." (Motion passed 5-0) B. Ordinance No. 97-181: Septic Pumping; and/or Inspection The City Planner explained the City's septic pumping ordinance. He advised that residents are notified about overdue pumping,but the City has had less than effective follow-up procedure until recently. Several residents have informed the City about their need to not pump regularly due to their smaller household status. The City Planner suggested that a simple inspection and report of findings every two years could be substituted for the actual pumping, if not pumping is found not to be required. Council questioned if pumpers recognized the various problems and if the pumpers were required to be licensed. The Building Official informed Council that there were various levels of septic certification and that pumpers could attain the necessary inspection certification if they chose, M/S/P Conlin/Johnson—to adopt Ordinance No. 97-181, amending Chapter 700 of the City Code to permit substitution of licensed or certified septic inspections for septic pumping every two (2) years where such inspections find no septic pumping is required. (Motion 5-0) . C. Xcel Fly"Ash Landfill Siting Verbal.. . The City Planner reported that he had attended the Xcel West Lakeland Fly Ash Fill Scoping Environmental Assessment Workshop (SEAW) Public Meeting held on LAKE ELMO CITY COUNCIL OCTOBER 3,2006 6 DRAFT September 21, 2006, at OakLand Jr. High. The intent of the meeting was to inform the public about the EAW process and the need to submit, in writing, suggestions as to what additional subjects the MPCA staff needed to address in the Environmental Impact Statement, He advised that City Staff will continue to review the draft SEAW and intend to submit comments by the October 26, 2006, SEAW comment deadline. D. Ordinance No 97-182 (AG), Ordinance No. 97-183 Ordinance Na 97-184(OP): Re-Establish/Modify OP Development— Amend AG, RR and OP The City Planner reported that the Planning Commission recommends re-establishing OP residential development.as a Conditional Use in the RR and AG zones, and increasing the allowable OP development density to 18 units per 40 acres (0.45 units per acre) to be consistent with the 2030 Comprehensive Plan. Responding to a Council question regarding the increase in density,the City Planner explained that the increase in allowable density from 16 to 18 units per 40 acres was a part of an overall Comprehensive Plan strategy to comply with the City/Met Council Memorandum of Understanding(MOU),as to City-wide with the residential unit counts, Council Member DeLapp suggested that the increased OP density that would be available to developers should be matched by enhanced development requirements by the City-- specifically, OP project landscaping. He reviewed some potential landscape requirement amendments that he would propose in that regard. i M/S/P Johnson/Conlin—to approve Ordinance No. 97-182 (AG), Ordinance No. 97-183 (RR),and Ordinance No. 97-184(OP), as recommended by the Planning Commission. (Motion passed 5-0) I M/S/P—Johnston/Smith—to direct Staff to present the amended OP landscaping requirements, as shared by Council Member DeLapp,to the Planning Commission for consideration. (Motion passed 5-0) E. Ordinance No 97-185: Development Moratorium—Village Area The City Planner reported that he is recommending adoption of a new development Moratorium for the Village Area pending completion of the Village Area planning efforts that have been contracted by the City. He suggested that the moratorium could be as long as 12 months, but that six months may be more appropriate in this case. M/S/P Conlin/Johnson—to approve Ordinance No. 97-185, adopting a Development Moratorium of the Village Area through the end of March 2007, based on the need to complete land use planning and design contracted by the City for this area. F. Village Area Planning(verbal The City Planner informed Council that the Village Area planning team has conducted numerous meetings witli TaiidovGi'ie"- state agerici•es;and the Iv1et Council rega"r ing the details of the Village Area Plan Concept. The Planning Team has requested a Workshop with the City Council.to review their work to date, LAKE ELMO CITY COUNCIL OCTOBER 3, 2006 7 DRAFT It was the consensus of the City Council that the City Administrator should set up a City Council Workshop to exclusively address the Village Area planning team at the earliest possible date. G. Seasonal Sales Council Member Smith advised the Council that she had received a disturbing telephone call from a resident over the past weekend regarding the seasonal sales of pumpkins by the Ziertman's at their residence in the RR zoning district. Council Member Smith then reviewed State Statute and historical City documents for the City Council which, she concluded, establishes that sales of agricultural produce in the RR zone is legal in Lake Elmo. She also reported that the party complaining about the pumpkin sales at the Ziertman residence herself previously sold pumpkins at her residence, City Attorney Filla stated that he has for 15 years, and continues to believe, that seasonal sales of agricultural produce is not a use allowed by the Lake Elmo zoning ordinance in the RR zoning district but is specifically allowed in the AG zoning district. Resident Diane Sessing, 5699 Keats Avenue North, advised the City Council that she had complained to Council Members regarding the pumpkin sales at the Ziertman residence. She noted that she had indeed sold pumpkins at her residents as well, in the past, but ceased those sales to the public after 2003 when she was advised that such sales were not legal in the RR zone. M/S/P Conlin/Johnson---to direct Staff to enforce the Code as indicated by the City Attorney. (Motion passed 4-0:1 DeLapp-Absent) I i City Administrator Rafferty advised the Council that the processing time for any citation the City may issue will likely carry forward to beyond Halloween, after which pumpkin sales will likely cease anyway. M/S/F Johnston/Smith—to suspend consideration of issuing as violations a citation until after Council further discusses the issue of seasonal sales of agricultural produce, including amending the zoning ordinance to allow such sales in the RR district. (Motion Failed 2-3: ROLL CALL: Johnston-yes, Smith-yes, DeLapp-no, Johnson-no, Conlin-no) Mayor Johnston indicated that he thought the issues remain unresolved as to the legality of the pumpkin sales based on Council Member Smith's research and report. As such, he opposed the motion, Council Member Conlin questioned the rationale of suspending consideration with a clear Code violation apparent, and asked the City Attorney if he thought there was any risk to the City by postponing action. Mayor Johnston indicated that he sensed an interest by the Council in amending the Code to allow these seasonal sales iri"the RR di.strrict. LAKE ELMO CITY COUNCIL OCTOBER 3, 2006 8 DRAFT M/S/P Johnston/Smith—to amend the motion to include directing the Staff to enforce the Code as indicated by the City Attorney,and to direct Staff to draft a proposal which will allow seasonal sales in rural residential zoning district. This would include analysis of variables, such as definition of AG,rural farm,urban farm, seasonal sales and signs. (Motion 4-1: Smith- believes that the current Code boos allows rural residential farm pumpkin sales) 10. CITY ATTORNEY'S REPORT: None 11. CITY ADMINISTRATOR'S REPORT: A. St. Croix Family Community Center: The City Administrator reported that the site selection has not been made yet. Mayor Johnston informed the Council that two of the cities being considered requested the delay until October 23, 2006. Council Member DeLapp questioned why the City would want to give 20 acres to the Community Center. Mayor Johnston stated that the City would retain ownership of the property, but it is a Council decision-one to be made by the Council if Lake Elmo is chosen as the primary location for the Community Center. B. Park& Ride: The City Administrator informed Council that Arlene McCarthy and her staff would like to give a presentation about the proposed Park &Ride in Lake Elmo to the City Council at the October 17,2006,meeting. Council Member Smith informed Council that she had toured other Park&Rides in the Metro area. E i Council asked what other Park& Rides are planned nearby; are.these seven acres proposed for the Lake Elmo Park&Ride at the best and highest allowable usage for the City; and why the rush for this decision? Council Members Johnson and DeLapp indicated that they will not be at the next Council ► meeting. 12. CITY COUNCIL REPORT: A. Mayor Johnston requested that the Council complete the City Administrator's Performance Review at the Council Workshop on October 10, 2006. Council agreed that I the meeting would be held one hour prior to the Workshop,in a Closed Session at the Administrator's request. B. Council Member Conlin: None C. Council Member DeLapp informed Council that he had been invited to attend the Women's Club as a Council Member of Lake Elmo. ounce em er o son: one E. Council Member Smith LAKE ELMO CITY COUNCIL OCTOBER 3, 2006 9 DRAFT F. Attorney Filla informed Council he would discuss Outdoor Social Events at the Council Workshop on Tuesday, October 10, 2006. Council meeting adjourned at 10:38 p.m. Resolution No. 2006-101: Approving Claims Resolution No. 2006-102: Approved Partial Payment No. 3 to Park Construction Company fore TabIyn ParldLake Elmo Heights Water Main Resolution No. 2006-103: Approved Partial Payment No. 7 to CB &I Constructors, Inc, Resolution No. 2006-104: Approved Final Payment to G. M. Contracting, Inc. for Water System Interconnect—Phase 11 Project Resolution No. 2006-106: Awarding Bid for the Northern Water Main Extension Resolution No. 2006-107: Approved Plans and Specifications and Ordering Advertisement for Bids-- SCADA Ordinance No. 97-180: Amending the Lake Elmo Municipal Code Relating to Maintenance of Sewage Tanks Ordinance No. 97-181: Section .1005.04 (1) (Parking Prohibited) to the Lake Elmo Municipal Code Ordinance No. 97-182: Conditional Uses in the Agricultural Zone Ordinance No. 97-183: Conditional Uses in the Rural Residential Zone Ordinance No. 97-184: Relating to Open Space Preservation Relating to Densities Ordinance No. 97-185: Adoption of a Development Moratorium in the Village Area LAKE ELMO CITY COUNCIL OCTOBER 3, 2006 10 DRAFT CITY OF LAKE ELMO CITY COUNCIL MEETING SEPTEMBER 19, 2006 L AGENDA 2. MINUTES: September S,2006 3. PUBLIC INQUIRIES/PUBLIC INFORMATIONAL: A. PUBLIC INQUIRIES: 4. CONSENT AGENDA: A. (1) Resolution No. 2006-096: Approving Claims (2) Resolution No. 2006-097: Approving Claim B. Monthly Operating Report j C. Written Report: Building Official, Jim McNamara S. FINANCE: ;3iLLyw,7:. 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIREBUILDING: A. Fire Dept.: Chief Malmquist (1) Place Mark Yost as a Probationary Meer (2) Fire Dept. #2: Day Room Improvement4Clariff. ion 8. CITY ENGINEER'S REPORT: A. Resolution No. 2006-098: Accept e#sibility�eort on 281h Street(not adopted) B. Update on Krueger Property (verb C. Ordinance No. 97-179: Relating to +owxn ` .; `l-egally Parked Vehicle & Trailers D. ResoIution No. 2006-098;.< Emn ove 3'a '"and Specs for Plumbing Work - Tablyn Park Contract A and, No. '; 06-099: Contract B —verbal E. CBI Status & Upd _gin Wate erarantee Document Agreement (addition) 9. PLANNING, LAND U�E,`& Z] IN A. Resolution No 6 09 , C)rdinance No, 97-178: Apostolic Bible Church Site— Compreher Amendment and Rezoning B. Meeting-A Oak Parkre�ght City Council -Buberl/Nass/Bidon Annexation C. Metro Trai�xt Park and Ride Proposal (removed) D. Access to S'�.:::::, h Lake>'' ark from Jamaca Blvd.(addition) 10. CITY ATTORN ; ; ,: 1?�' RT: A. North Water Mai tension Easements: Resolution No. 2006-100 (verbal) B. Legal Intricacies of Bergman Variance(addition) 11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCIL BUSINESS AND REPORTS: A. Mayor Johnston B. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith REMINDER: September 20,2006,at 6:30 p.m.,Special Planning Commission Meeting on Zoning October 2,2006, at 6:30 p.m., Special Planning Commission Meeting on Zoning LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19,2006 1 DRAFT Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council Chambers. COUNCIL MEMBERS PRESENT: Conlin, DeLapp,Johnson and Smith. STAFF PRESENT: City Administrator Rafferty, City Planner Dillerud, Finance Director Bouthilet, Fire Chief Malmquist, City Engineer Prew, City Attorney Filla and Recording Secretary Freeman. Pledge of Allegiance: 1. AGENDA: Additions: 8E: CBI status and Update on water tower guarantee document agreement; 90 Access to Sunfish Lake Park from Jamaca Blvd; IOB: Legal Intricacies of Bergman Variance; 1 IA: Explanation of METC Park& Ride attending the Council Workshop about Park and Ride. Changes: Move 7A (1) and (2)to 3A(1) and (2): Fire Dept. ' Deletions: 9C: Park& Ride �::::\ M/S/P Johnson/Smith—to approve,the September 19, 2 ity a ncil Agenda as amended. Motion passed 5-0 2. MINUTES: `\ M/S/P Johnson/Conlin--to approve the September 5,;2906, City Council Minutes. (Motion passed 4-0-1: Johnson abstained,�baent) M/S/P Conlin/Johnston—to amend the Sep nbex Q6, City Council Minutes Item 9A: Resolution No. 2006-0 :;toningnce -Richard and Eileen Bergman. (Motion passed 4-0-1: Johnsto 'dstaied-abs :). Council Member Smith is concerned with the number and size a wilding ; =ra;;6.33"acre site and also has concerns with the question of hardship. MIS/P Conlin/John.nidiibft—ttnend the September 5, 2006, City Council Minutes, Item 91): Metxcp`Tit m an Airpo >Com'ssion-Lake Elmo Airport 2025 Plan (Motion passed 4•9 1: Johnsori abstained-absent) M/S/P Conlin/Johnstor� to`amend the September 5, 2006, City Council Minutes, Item 4G: Pay Estimate for Water Tower: CB &I Constructors. (Motion passed 4-0-1: Johnson abstained-absent) M/S/P Conlin/Johnston—to amend the September 5,2006, City Council Minutes Item 9A: Resolution No. 2006-092: Zoning Variance—Richard and Eileen Bergman. (Motion passed 4-0-1: Johnson abstained-absent) M/S/P Conlin/Johnston—to amend the September 5, 2006, City Council Minutes Item 7A(1): Parks Dept.: Carriage Station Basketball Court (Motion passed 4-0-1: Johnson abstained-absent) LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 2 DRAFT M/S/P Conlin/Johnston—to amend the September 5, 2006, City Council Minutes Item 9E: Xcel Fly Ash Landfill Siting. (Motion passed 4-0-1: Johnson abstained-absent) M/S/P Conlin/Johnston--to amend the September 5, 2006, City Council Minutes Item 3A (1): CIC Presentation on Senior Housing. (Motion passed 4-0-1: Johnson abstained-absent) 3. PUBLIC: INQUIRIES/PUBLIC INFORMATIONAL: A. Public hlguiries: None B. Public Informational: Mayor Johnston informed the residents about the upcoming lee Cream Social to be held on Sunday, September 24, 2006, from 2—4 pm., at the restored,..:-: trict 12 school house. Donations are welcome. 4. CONSENT AGENDA: A. (1) Resolution No. 2006-096: Approvin Claid M/S/P Johnson/DeLapp—to approve Resolution I 006-09,6, approv g Claim Numbers 348, 349, DD885 through DD909, 296 ' "`:> ou `'29677, were used for Staff Payroll dated September 14,2006; 29654, 29678 29731, in the total amount of $889,574.74 are hereby approved. (Motio p,assed 5- = Council Member Smith requested clarificaff 1o ?`e lment to the Sessings. Attorney Filla explained that per court order',the Citytald pay$3,000.00 immediately and reimbursement of the building permitlplus inti t. The remaining $1,000.00 would be paid after the 3-sided buildafg Yas down a d the materials removed within seven days of the tear down. f (2) Resolution No 2006 097t Ap royin Claim laim M/S/P DaLapp( nnlin -to aP :dove Resolution No. 2006-097, approving Claim Number 29732, in the tofmaunt of$ 0.00, is hereby approved. (Motion passed 4- Counc l Member Johnson Recused herself) B. Monthly Operatin' ?'g deport: M/S/P Johnson/DeLapp—to approve the August 2006 Monthly Operating Report as presented. (Motion.approved 5-0) C. Written July 2006 Contruction Activity Report: MIS/P Johnson/DeLapp---to accept the July Construction Activity Report as provided by the Building Official. (Motion passed 5-0) 5. FINANCE: None 6. NEW BUSINESS: None LAKE ELMO CITY COI)NCIL MINUTES SEPTEMBER 19, 2006 3 DRAFT 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Fire Dept.: Chief Malmquist (1) Place Mark Yost as a ProbationaKy Member Fire Chief Malmquist requests Council approval to place Mark Yost as a Probationary Member of the Lake Elmo Volunteer Fire Dept, M/S/P DeLapp/Johnston—to place Mark Yost as a Probationary Member of the Lake Elmo Volunteer Fire Dept, (Motion passed 5-0) (2)Fire Dept. #2: Day Room Improvement Clarification Fire Chief Malmquist reported that the department received a bid of$2,600.00 for construction materials. This bid does not include wiring, carpet or incidentals. The Fire Dept. will be accepting donations from various sources. The Chief requests approval of up to $8:000,00 for the construction. M/S/P Johnson/Conlin—to authorize the construction of th day In at Fire Station 42, with costs not exceed an $8,000.00 bid. (Motion passed:..5 ' ) t 8. CITY ENGINEER'S REPORT: � A. Resolution No. 2006-098: Accept Feasibi t Re drt'on 28`h Street The City Engineer distributed a Feasibility Report for We petitioned reconstruction of 28tn Street as a paved road. Bids were rec edfor a 22°:::::and an 18' wide, 9 ton paved road, without a turnaround at either the eas4or" ds. st ro orals were received p p from the on-site contractor for$65,000 and 0 In-kind work and funding for .''' proased pr et include three possible sources: 6"of road base material, already of thy:= °' ;s.exing water extension project,the benefiting properties, and tli _____ 'tlxe�Wwere to make a contribution, changes to existing City policies and e uY ' CIP would be necessary. If the benefiting properties ri each contributed triaxu appsed value of$2,500, the City portion would be $40,000, If theefiting properties gaud the entire cost, each would be assessed $8.,300. Alternately, the p E .ect could 1 completed in two phases, with a based installed this Fall and blacktop laid iri tie,:Spring -This would cost about$32,000 up front, unless the City Council agreed to lower;the_ ad's design standard. Resident Jim Palacelc, 2798 Jamley Avenue North, stated that his property is at the southwest corner of Jamley and 28th Street. He stated that he does not use 28tn Street and this property would not benefit from improved access off 28th Street. He also stated that the west stub of 28tn Street has only been plowed by the City for the past three years. Resident Jim Petersen, 2751 Jamley Avenue North, stated that he lives at the southeast corner of Jamley and 28"' Street. He said that the western portion of 28th Street is not used by any residents for property access and this section should be eliminated from the Project to reduce cost. He also stated that his property access is off Jamley and will not benefit from the Project. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19,2006 4 DRAFT The City Engineer informed Mr. Palacek's and Mr. Petersen's property is not proposed to be assessed. The Council was told that the petitioned Project is not on the C.I.P. and that if any City funds were used, other projects would be delayed. Other roads in a similar condition, although not currently undergoing excavation, filling and installation of a new base, include Janero and Kirkwood. The Council consensus was that the proposed 28th Street reconstruction should not take precedence, even though the long term cost might be lower. The Council consensus also was that the simpler construction of an18' wide road with a 6"base would not be acceptable, The Finance Director stated the City does have a backup of projects. Doing the 28th Street Project would involve dipping into the City's reserve. M/S/P Conlin/Smith-to place the 28th Street Construction Prt -t on the CIP and prioritized by Staff. (Motion passed 4-I: DeLapp-we have not addressed theetition to- ve 28th Street) Council Member Johnson said she supports the xr 01. and tated that if`fs not a good financial process to take money out of reserves for"t1; s- of project as reserves should be utilized for real types of emergencies. At this times we are not certain how our year- end picture is going to be for development` Mayor Johnston said he supports the motion,stating there is money in the water project and the road would be in a better condition, butlie City does not have money in the CIP. Council Member Conlin sEa she suports the notion, stating it would be unfair to other projects waiting. B. Verbal U d : on Kra.er '{:.ert City Engineer RJW updated tf Council on the progress to Krueger's homestead at 4452 Lake Elmo Aven ' j,,:The soutt*st corner of the property has been staked and two loads of gravel had been delivered. -Se property had been seeded this summer, but will need to be redone on either s '.:::o''-the driveway where the ditch flows. It is referred to have �� : � y p dormant seed down in the fall of 2006, and not extended to 2007. He will be checking it again this week. Ms. Krueger thanked the City for the gravel and the restaking of the property. She also requested that the City delay any work on the ditch and reseeding until spring 2007, as she believes it is too late in the year. She expressed concern with the contractor completing the work as there have been problems with them in the past. Council discussion determined that the work will be completed by the contractor, and that projects have been successful utilizing the dormant grass mats. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 5 DRAFT Council directed the City Engineer to meet with the Krueger's to clarify what the City will be completing this year. C. Ordinance No. 97-179: Relating to Towing of Illegally Parked Vehicles& Trailers The City Engineer and City Attorney recommend adoption of Sections 100,06, Subd. 1 and Subd. 2 and Section 1000.01, and Section 100.06, Subd. 5, Section 1005.01, Subd. 3 and 1005.045 and its subdivision relating to the Towing of Illegally Parked Vehicles and Trailers, including repealing Section 1005.03, Subd. 1. City Attorney Filla stated it updates the definitions, and references the State Highway Code regarding the parking of trailers and vehicles. Council requested clarification of where the trailers and cars would be parked, and the fine amount, Suggestions were a$150.00 fine the first occurrence, then towing four hours later and a fine the second occurrence, safety issues, or to- 11 of the vehicles. City Engineer Prew informed them the trailers would be ISRt"o .half mile out, and towing would occur four hours later. �\ M/S/P Johnson/Johnston—to adopt Ordinance Nqi,;97-I 79=-_mending Sections 100.06, Subd. 1 and Subd. 2 and Section 1000.01, and Secf�g`n 1a6, Subd, 5, Section 1005.01, Subd. 3 and 1005.045 and its subdivision relating to'* g of Illegally Parked Vehicles & Trailers, and to include the attached m� {Motion passed 5-0) D. Resolution No. 2006-098 Approve Plans4ffd -Des for PlumbingWork—Tablyn Park (Contract A); Resolution No-2006-99 (Contract B) City Engineer Prew presented glans arid:specifiations to the Council for the two hundred homes in Tablyn Park. Tvy_ ontractsen ` equested as the work can be completed faster, and the bids competiti ; T_lae contract "include removal of the tank, installation of the water meter, discptng thwe11 pipe, and adding the plmnbing. All work will meet the City's cod 'an im. etetl r the Building Inspectors. M/S/P DeLapp/ Ohi1SOn—to adpt Resolution No. 2006-098 (Contract A) and Resolution No. 20061- (Coxjtct B), approving Plans and Specifications and Ordering Advertisement for Bid = bi n Park(Contract A). (Motion passed 5-0) W E. CB & I status &Update on Water Tower Guarantee Document Agreement addition City Engineer Prew informed Council that CB & I is requesting authorization to paint-the water tower on weekends. This would involve sandblasting and painting, which is temperature-oriented and weather controlled, Change order pertaining to tower corrections being reviewed by City Engineer and City Attorney and will be brought back to the October 3, 2006, Council meeting. M/S/P Conlin/Johnson—to direct the City Administrator to issue a Special Permit, reflecting City Code, to CB &I for weekend work for painting of the new water tower. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 6 DRAFT The Permit will allow painting and sandblasting on Saturday and Sunday, from 8:00 a.m. to 5:00 p.m., weather permitting. (Motion passed 5-0) 9. PLANNING,LAND USE &ZONING: A. Resolution No 2006-093,Ordinance No. 97-178: Comprehensive Plan Amendment and Rezoning—Apostolic Church Site (IotStreet) The City Planner reported that this City Council-initiated the proposal to reclassify the approximately 14 acre site from PIT to RAD and rezone the site from PF to RR has been recommended for approval by the Planning Commission. The matter was on the Council's agenda September 5 and tabled to September 19 to be considered by a full -five member Council. MIS Conlin/DeLapp—to table further review three months from now with definite plans for a church on the site at the second meeting of December, 200 = :-_ an- Council Member Conlin requested that the Findings be p proved.motion. M/S/P JohnsordSmith—to amend the motion to 12 .: hs. :. (Motion 3-2: DeLapp and Conlin) M/S/P Johnson/Smith---to table further discussion ai7i' '�e the Apostolic Church return within twelve months, updating the Couni�'„ o where izey are with their plans for use of the site for a church. (Motion passed 3, d De app) Pastor Friend asked the City Council if it w�Ibe W. for the church to have complete construction plans withi9ftelve months. i t City Attorney Filla advised� stor Friend That his>interpretation of the motion is that the church should have at leas# hec ul.6 for Wuse of the site for new church purposes, but that construction plan re not necessarily required. B. Meeting, d Oak ParOkei ht Cit Council—Buberl/Nass/Bidon Annexation The City PlanneA--- iformed Council that a letter from the Oak Park Heights City Administrator had li611 received regarding an annexation request from three residents npnowning land in Lake Elmo, 'he Oak Park Heights City Council has requested a joint f work session with the Lae`Elmo City Council to discuss the property owner's request. The City Planner reported that at this time,Lake Elmo has not received any letters from the owner's requesting the detachment/annexation. He noted that, as of August 1,2006, both cities must now approve a concurrent detachment/annexation, rather than just the annexing city as had been the law previously. Lake Elmo needs to be directly involved. City Administrator Rafferty said that he has talked with the Oak Park Heights City Administrator Johnson, informing him that he would bring the request for a joint meeting to the Lake Elmo Council's attention for any action. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 7 DRAFT The Council discussed the letter received from the property owners by Oak Park Heights and the Oak Park Heights invitation for a joint meeting regarding the detachment/annexation. M/S/P Smith/DeLapp—to direct Staff to write a letter to the Oak Park Heights Council stating that the Lake Elmo City Council is not interested in a meeting with the Oak Park Heights City Council on the detachment/annexation matter and that the Lake Elmo Council desires to keep Lake Elmo intact with no land detachments to adjoining communities. (Motion passed 4-1: Conlin—agreed with City Administrator's comments that it would be a neighborly gesture for the Lake Elmo City Council to agree to a meeting with Oak Park Heights City Council) Mayor Johnston commented that someone could meet with Y=Park Heights on this detachment/annexation matter,just not a full City Counci Council Member DeLapp commented he would not.. ^er such.a.•. Ling. Council Member Johnson commented that the Citip`Wy'''";: a se to Oak Park Heights ./ ,k g should be courteous and respectful, C. Metro Transit Park&Ride Probosd (delete:: The City Planner reported that he had been Snotified t etro Transit that they were not ready to present the Park& Rid pQsaI to ld amity Council, but will at a later date. f C. Access to Sunfish Lale'Park frsrr�.;,lamaca::Blvd. Council Member DeLapp iri`°` . e. ounaff at a road in back of the Maintenance Building has a fence t as b . a allow access from Jamaca without access to the Lake Jane Landfil,1Iluted rea, t tRhere is also a sign stating that there is no access from Jamaca B140110 the parHe is`=requesting Staff to replace the sign with a new sign inviting access - e.park from amaea. The City Planner informed Council that Staff will take care of changing the sign, without any formal Council direcfidn to do so. 10. CITY ATTORNEY'S RE,PORT: A. B_eramann Easement City Attorney villa informed Council that no communication has been received back from the Bergmann's regarding the City's offer. It's been 11 days since the last response, and he is recommending the City start condemnation proceedings on the easement. It is critical the City acquire this property to complete the City's 2006 Water System Interconnect Project, which benefits the residents of Lake Elmo. WS/P Conlin/Johnson--to approve Resolution No. 2006-100, a Resolution Authorizing Condemnation of the Bergmann property. (Motion passed 5-0) LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 8 DRAFT B. Legal Intricacies of Bergmann Variance (removed) 11, CITY ADMINISTRATOR'S REPORT: A. Explanation of METC Park& Ride attending the Council Workshop about.Park and Ride Council Member DeLapp requested an explanation as to why the MET Park and Ride gave a presentation at the Council Workshop on September 13, 2006. He questioned why he was not informed they would be at the meeting, City Administrator Rafferty informed Council that he had been given parameters to discuss further exploration with the MET on the Park and Ride issue. Ms, Arlene McCarthy and her staff met with him,the City Planner and Finance Director, and it was determined they should make a presentation at the Council Workshop. Council Member Smith requested that if a guest from the ME is at to please add their names to the Agenda. 12. CITY COUNCIL BUSINESS AND REPORTS Mayor Johnston: None Council Member Conlin: None Council Member DeLapp: None Council Member Johnson expressed thm-Acs to;,the Staff ..mPublic Works, and said it was a marvelous Open House on Saturday. :. Council Member Smith a with CQu cYl Memb g er Jolmson. ...., REMINDER: j September 20, 20K Special Planning Commission Meeting on Zoning October 2, 200 6:30 p,rn . pecial Planning Commission Meeting on Zoning Meeting adjourned at 140 Fnl. Resolution No, 2006-096: Approving Claims Resolution No. 2006-097: Approved Claim Resolution No. 2006-098: Approved Plans and Specs for Plumbing Work— Tablyn Park (Contract A) Resolution No. 2006-099: Approved Plans and Specs for Plumbing Work—Tablyn Park (Contract B) Resolution No. 2006-100: Authorized Condemnation of Bergman Property Ordinance No. 97-179: Relating to Towing of Illegally Parked Vehicles and Trailers LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 9 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-108 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 353, 354, DD924 through DD947, 29798 through 29819, were used for Staff Payroll dated October 121h 2006; 355, 29820 through 29882, in the total amount of$233,886.90 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 17t' day of October,2006. Dean A. 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W N 1 N V� w w A W W 00 N P .� O 0 0 Cl ON b PC, 777 .�i �i xi xi xi CD O O o o - Q, rp� C CITY OF LAKE ELMO 2006 BILLING SUMMARY MONTH 11135 11140 11145 11150 . 11155 11161 TOTAL Administration Criminal Pros Public Imp.Pro' Community Dev Civil Litigation Auto Forfeiture Jan $2,381.27 $3,516.24 $363.00 $1,821.52 $135.00 $8,217.03 Feb $1,364.70 $4,574.62 $672.96 $616.00 $1,997.00 $5.00 $9,130.28 March $1,160.50 $3,682.65 $3,301.50 $381.50 $280.75 $243.00 $9,049.90 April $1,921.11 $3,948.44 $1,887.50 $331.61 $486.00 $121.50 $8,696.16 May $2,186.56 $3,406.51 $586.00 $228.65 $1,768.38 $148.50 $8,324.60 June $1,638.59 $4,415.02 $1,089.03 $429.00 $2,933.28 $780.00 $11,284.92 July $1,983.96 $4,043.37 $1,616.00 $275.64 $2,549.50 $262.50 $10,730.97 Aug $3,621.77 $4,269.11 $4,670,56 $352.00 $5,060.48 $138.68 $18,112,60 1 i Sept $4,274,64 $4,048.08 $5,545.93 $297.00 $156.11 $230.00 $14,551.76 Oct $0.00 Nov $0.00 Dec $0.00 Totals $20,533.10 $35,904.04 $19,269.48 $3,274.40 $17,053.02 $2,064.18 $98,098.22 i i a r 1 3 e v..:�.,....,............... ................ .......:..:..........:.._..,._.... ... . _.. ...... .. ........._..._..... x,..,.. ...a: .... �......v,.. 1 10/11/2006 R �A\ i 0 Suite300 (651)291.8955 50 East Fifth Street 1651)228-1753 facsimile St,Paul,MN 55101.1197 FRW&BERGMAN Federal Tax ID#41-0991.098 8 ® ® KLEMM Page: 1 CITY OF LAKE ELMO 09/30/2006 3800 Laverne Avenue North ACCOUNT NO. 11135M Lake Elmo MN 55042 FEES EXPENSES ADVANCES BALANCE 11135-030006 REVISION OF ZONING REGULATIONS 132.00 0.00 0.00 $132.00 11135-060003 BERGMANN TEMPORARY WATERMAIN EASEMENTS 1,105.00 4.82 0.00 $1, 109. 82 I 11135-060004 HAMLET ON SUNFISH LK WASTEWATER TREATMENT SYS AGMT 253.00 0.00 0. 00 $253.00 5 11135-060008 OTTESON PROPERTY - CONTROL BURN E 187.00 0.00 0.00 $187. 00 11135-060009 CITY OF LAKE ELMO V. BARB WALSH 186.00 0.00 0. 00 $186.00 11135-060010 RE: BUILDING RELOCATION HARDY PROPERTY 165.00 0. 00 0.00 $165. 00 11135-920001 Administration 2,23B.50 3. 32 0.00 $2, 241.82 4,266.50 8.14 0.00 $4, 274. 64 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 (651)291-8955 50 East Fifth Street BERGM � N T Federal Tax ID 4 facsimile 5t.Paul,MN 55101-1 197 ��V{ FetEerat'I�xID#41-0991498 Page: l CITY OF LAKE ELMO 09/30/2006 3800 Laverne Avenue North ACCOUNT NO. 11140M Lake Elmo MN 55042 FEES EXPENSES ADVANCES BALANCE 11140-030001 Misc Prosecutions 3, 731.25 21 . 83 0.00 $3, 753. 08 11140-030010 Young, Allen Driving after revocation follow to close 0.00 0.00 0. 00 $0.00 11140-060151 Olson, Jordan Scott 2nd degree test refusal, 2nd degree DUI 5.00 0.00 0.00 $5.00 11140-060155 Bentley, Clinton John 4th degree DUI, 4th degree . 08 5.00 0.00 •0.00 $5. 00 11140-060175 Skarda, Bryant L. BWI 0.00 0.00 0.00 $0.00 11140-060177 Hanson, Michael Ross 2nd degree DUI, 2nd degree .08, no proof of insurance 60.00 0.00 0.00 $60.00 11140-060179 Hall, Ronald F. no insurance 5.00 0.00 0. 00 $5. 00 11140-060180 Wicker, Michael Joseph GM-No insurance, DAS . . 10.00 0.00 0.00 $10. 00 THIS STATEMENT IS DUE AND PAYABLE TO THE END Or.THE N+ONTIEB. 11,At MENTS RECEIVED AFTER THE LAST DAY OF THE N1®lVTH V/ILL BE CREDITED TO'T)1 r NEXT MOWTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT Ell T WITH PAYMENT. Suite 300 N (651)291.8955 50 East Fifth Street �� �/� (651)228-1753 facsimile St, Paul,MN 55101.1197 FRWOFederal Tax ID#41-0991098' a aEL M= Page: 2 CITY OF LAKE ELMO 09/30/2006 ACCOUNT NO. 11140M FEES EXPENSES ADVANCES BALANCE 11140-060184 Wilson, Allen Dale assault 87 .50 0. 00 0.00 $87. 50 11140-060185 Pribyl, Anna Maria 4th degree DUI, 4th degree .08, over center line 10. 00 0.00 0.00 $10. 00 11140-060190 Dreher, Robert S. GM-violate B card 10.00 0.00 0.00 $10. 00 11140-060191 Ramos, Ubaldo 2nd degree test refusal, 3rd degree DUI, stop sign violation 15.00 0. 00 0.00 $15.00 11140-060192 Rush, Nancy Louise DAS, no proof of insurance 5. 00 0.00 0.00 $5. 00 11140-060193 Mosio, Thaddeus J. careless driving 5.00 0.00 0.00 $5. 00 11140-060195 Wittig, Abbigail 4th degree DUI, stop sign violation 5.00 0.00 0.00 $5.00 111.40-060196 Diamond, Donald issue dishonored check 5.00 0.00 0.00 $5. 00 11140-060208 Adamietz, Benjamin GM-false info to police, no proof of insurance 67.50 0.00 0.00 $67.50 4,026.25 21.83 0.00 $4,048.08 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF'l HE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OIL THE MONTH WILL BE CREDITED TO THE NEXT iMONTH'S STATEMENT, PLEASE RETURN ONE COPY OF STAXEMENT WITH PAYMENT. Suite 300 ERSON FR 50 East Fifth Street 5 i651)291-mile p ibl)228-1753 facsimile St.Paul,MN 55101-1 197 ff� FederalTax ID#4{-0991048 Page: 1 CITY OF LAKE ELMO 09/30/2006 3800 LAVERNE AVENUE NORTH ACCOUNT NO. 11145M LAKE ELMO MN 55042 FEES EXPENSES ADVANCES BALANCE 11145-040003 WATER SYSTEMS CONNECTION 899.00 6. 96 0.00 $905.96 11145-050001 PUBLIC WORKS BUILDING 636. 50 0.00 0.00 $638.50 11145-050002 CENTRAL WATER TOWER 322. 50 0.00 0.00 $322.50 11145-060001 TABYLN PARK-LE HEIGHTS WATER CONNECTION 3,525.75 153.22 0.00 $3,678.97 5, 385.75 160. 18 0.00 $5,545. 93 THIS STATEMENT 16 DUE AND PAYABLE TO'1i'HE END OF THE MONTH. PAYMENTS REI-Enffl9B,AFTER THE LAST DAY OF THE MONTH NTH WILL BE CREDITED TO THE NEXT M€aTi@ TH'S STATEMENT, � J Suite 300 "°- E E (651)291-8955 50 East F Street F �,BE G A (65I)228-1753 facsimile 6t.Paul,MN M.IV 5510t-1 197 Federa)'I'ax[D#41-0991098 Pace: 1 CITY OF LAKE ELMO 09/30/2006 3800 LAVERNE AVENUE NORTH ACCOUNT NO. 11150M LAKE ELMO MN 55042 FEES EXPENSES ADVANCES BALANCE 11150-050007 LAKE ELMO DEVELOPMENT CORPORATION - OP (SANCTUARY) 33.00 0. 00 0.00 $33. 00 12150-060003 HIDDEN MEADOWS - PRELIMINARY PLAT 22.00 0.00 0.00 $22 .00 a 11150-060010 BERGMANN LOT LINE ADJUSTMENT-VARIANCE 242.00 0.00 0.00 $242. 00 297.00 0.00 0.00 $297.00 i THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVE,D AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO'>I`HE NEXT MONTH'S STATEMENT. PLEASE RE'TURN ONE COPY-OF STATEMENT WITH PAYMENT. Suite 300 -T 50 East Fifth Street — 1 51) ac smile t�51)225-1753 facsimile St.Paul,MN 55101•l 197 e t "' �° Federal Tax ib#A 1-0991098 m a D'Q I Page: 1 CITY OF LAKE ELMO 09/30/2006 3800 LAVERNE AVENUE NORTH ACCOUNT NO. 11155M LAKE ELMO MN 55042 i i I FEES EXPENSES ADVANCES BALANCE 11155--040002 Lake Elmo v. Sessing 81. 00 0.11 75. 00 $156.11 1 THIS STATEMENT IS DUE AND PAYABLE TO THE END Or, THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL HE CREDITED TO THE NEXT MON TIH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. lte 900 � 50 East Fifth Street � ..=b.......,...,...—.._. (b5 E}291-8955 FRIUC�E (65[}228-1753 facsimile Wit.Paul,MN 55101-1197 Federal Tax ID�kQ 1-099U991 U98 @ @ A A Page: 1 CITY OF LAKE ELMO 09/30/2006 3800 LAVERNE AVENUE NORTH ACCOUNT NO. 11161M LAKE ELMO MN 55042 FEES EXPENSES ADVANCES BALANCE 11161--050006 Remmen, Howard Lester vehicle forfeiture 81.00 0.00 0.00 $81.00 11161-060001 McAninich, Andrea vehicle forfeiture 40.50 0.00 0.00 $40. 50 11161-060004 Peper, Jamie Robert vehicle forfeiture 40.50 D. 00 0.00 $40.50 11161-060008 Hanson, Michael Ross vehicle forfeiture 68 .00 D.00 0.00 $68. 00 230.00 0.00 0 . 00 $230. 00 THIS STA'TEME:NT HS DUE,AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST UAV OF'THHE MONTH{UIILL BE CREDITED TO THE NEXT MONT'HH'S STAT'EmII;NT. PLEASE RETURN ONE COPY OF STATEMENT WITH VAYMENT. � iil I I I I i i t i I IIi ! 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TN � 3 0 r N Lc C - - 0) LO00r W 0000000000000 W 0 0 (D N o T 0 0 0 0 0 0 0 0 0 0 o O 0 w OapO 'V• hc OLOOOOOT- LOW Ln O O p► M r r LOCO O a Fp .r or a� v7 0E � �, (D ma� � C Vf 3 N G O U_ ❑. . o (6 N rn 0 c .oco a aci @ C a�i p c� pccac� � � � op p � ) a m w LT C 0 0) 0 0 � N (n o c aciV a� p cV ai VJ � 0 Up f U U N fA C p (6 � {u 1 � LuU E c p o 0 a� m o LL � LL z 015 (4 W w (n (L 0 R' 0 M- i i Lake Elmo Agenda Section: Finance No . 5A City Council 10-17-2006 Agenda Item: 2007-2011 Capital Improvements Program (CIP) Backsround Information for October 17,2006: Attached, please fmd the City of Lake Elmo 2007-2011 Capital Improvements Program (CIP). The Parks Conmission reviewed the Park Improvements portion and with some ininor changes approved there part of the CIP. After a presentation from Staff, the Planning Commission conducted a Public Hearing on September 25, 2006 and approved the Capital Improvement Plan as outlined. Please note that State Law views a CIP as a Comprehensive Plan Element which requires a Public Hearing and formal adoption by the City Council. The function of the Planning Conunission in its review of the annual CIP is planning and not accounting or financial. As noted in past CIP, the City continues to show some negative fund balances in the Fire & Infrastructure (primarily streets) portions of the CIP. The actual fining mechanism to address affected areas are yet to be decided but most likely will be through Bonding, Equipment Certificates or Lease options. Action Items: Person responsible: Tours Bouthilet 1. Motion to adopt Resolution 2006-109 approving the 2007- 2011 Capital Improvement Plan. Attachments: 1. 2007-2011 Capital Improvement Plan. CITY OF LAKE ELMO WASHINGTON COUNTY,MINNESOTA RESOLUTION 2006-109 A RESOLUTION ADOPTING THE 2007-2011 CAPITAL IMPROVEMENTS PROGRAM WHEREAS, at its September 25, 2006 meeting,the Lake Elmo Planning Conunission held a public hearing on the draft 2007-2011 Capital Improvements Program. WHEREAS,the Planning Commission recommends adoption of the 2007-2011 Capital Improvements Program. WHEREAS, the Lake Elmo City Council reviewed the draft 2007-2011 Capital Improvements Program recommended by the Planning Commission, NOW, THEREFORE,BE IT RESOLVED, the Lake Elmo City Council approves the 2007-2011 Capital Improvement Program as the planning guide to capital expenditures. ADOPTED,by the Lake Elmo City Council on the 17`h of October, 2006. Dean Johnston, Mayor ATTEST: Charles Dillerud,Acting City Administrator �r + t:•�. .' �'j t�*�ii�f 11 � . ... t 1 i 511 RE 77 go I a LFi� g. .I _ 75� .f' � 4 M1 fir•-� �� , 4 � t� Y r jir 2 f ,r .{qSG R€ . _ ......— f o F: _. `1 R }f .� 7 ' •� E„}ti� _I .� �._ I S '.:.: k:3 y �ff���-.-,?."�, �Y�i�; I� � 7',iR 4.. Wf uA vy { I 1 I -�i e "tr l f� :� rf E �• '} r l f MEMO (September 21, 2006 for the Meeting of September 25, 2006) To: Lake Elmo Planning Commssion From: C(,U*- 5qlelrud Suiiject: 2007-2011 Capital Improvements Program (CIP) On September 251he Commission is scheduled to conduct a Public Hearing and develop a reconunendation the City Council regarding the 2007-2011 CIP. I have attached a copy of the CIP as proposed. by Staff and the Park Commission (regarding the Park Improvements section only). City Administrator Rafferty and Finance Director Boutlailet will.be available to present the CIP and respond to questions from the Conunission. i As in prior years' CIP's negative fund balances result for some finds. in most cases the actual. funding mechanism for those later years of the CIP are yet to be decided. In some cases bondingwill. be required. In other cases (primarily Capital Equipment) the City 9 (P Y p � 1 ) ;i may lease. In some cases projects will simply continue to be moved out in tilling until an appropriate funding mechanism is decided. Since State Law views a CIP as a Comprehensive Plan element a Public Hearing and formal adoption by the City Council is required each year. We simply drop the current year (2006 in this case) and add a year to the end. (2011 in this case). The function of the Planning Commission in its review of the annual CEP is purely lap nning in nature, not accounting or financial. The Conunission's review should go to whether the planning CIP activities proposed accurately reflect the proper project locations and staging related to the Comprehensive Plan. As a radical "for instance", if the proposed CIP indicated a street reconstruction project one year and a sewer line installation in the same street a year or two later, it would be a Commission function to point out a timing/order of improvements issue with the CIP. Or, if the proposed CIP showed a sanitary sewer extension in 2008 to an area of the City not staged by the Comprehensive Plan for sewer service until 2010 (or, maybe, never), another timing (and/or Plan compliance) issue should be noted by the Commission. Since in Lake Elmo the staff, Planning Commission and City Council are generally "oil the same page" (not always the case in some other communities), mljor CIP issues have not surfaced.at the Planning Commission level in the past—nor do I expect they will this year. While tempting, I strongly suggest the Commission not become immersed in CIP financial or equipment details. Those matters are truly City Council concerns, not Planning Commission. Tees of Contents 1. Capital Acquisition Page Capital Acquisition Summary Report........................ 1 Capital Acquisition-Administration........................... 2 Capital Acquisition - Civil.Defense............................ 3 Capital Acquisition-Building Dept........................... 4 Capital Acquisition - Fire Dept(Equipment)................. 5 .Capital. Acquisition - Public Works Equipment.............. 6 Capital Acquisition-Pants (Equipment)...................... 7 Capital Acquisition -Parks (huproveiuents).................. 8 I 111. Iaafrastructu a Reserve Infrastructure Reserve-Non MSA............................. 9 117. IWSA. Construction Capital Acquisition - PubIie Access........................... 10 V. Enterprise Funds Water Enterprise Fund-Capital Projects..................... 11 Sewer Enterprise Fund - Capital Projects..................... 12 Storm Water Fund-Capital Projects.......................... 13 m C r� dV O M CC) M �� N N Co Cl ryMq M. Qj LaT m r M U7 r Iti Me Iq w oa N 1 Y d �j M Cl O P Q d O d Nli� � O d at M O N ta N M 17 cl a. IIJJ{{II r [0�6 [0�6 LP CD r V T LO M r 1 d O p m O CM1 0 ( a d N O Q V W a O a) t7 N © CD cl' 1� M N 'd p �N"� OM1 M ll� M I` tltltl••• c fj N 03 M O w a0 d N N V- C�V6 r G7' N �Yy 41� O co r^ w M O tD O O ftT 00 d o mQC: o0 co N �� lfi 4 Y M OY O C4 cm In tR 49 e- N C* r w 117 P'7 w o o a a o d 'p O N I.Ck C o � O N p r •r• 01 N 4F fry 11 M r W 0 Ifl W O v W CN �D h O C, 10 O N I� Q T';, 'd' � CrJ �` �, N 'L fto In �D N 001CD C O O h CL Q7 1�l1 .M G, r t0 v — C O M IrpD— tD C— Cg h, co 0 N O N �' r Q I, CO m = M m O LL O G! M U. 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IF L ti W ti > aQ-e ge "F co a CD p oIE E m L co N CD r L .ate ® N © � co O !� O O O N O CD co O p M 0 C7 0 0 0 O D o 00 N Cir- r La 600 C? 00 00 N U') La LC) M O r N r U U e a_ � N � ❑ �N, a a)Z 0 Q�' C O O � DUI a) C a � 4 L O 0. 0 0 a) c c u7 E o o n LIJ � � � co � Z w 0 a> _ � G j W (%j CD cm fB (0 (Tf c0 < m v a) p! _O C3 a E C W-I I I a. lco 1OOOL!J O TKDA ENGINEERS-ARCHITECTS•PLANNERS 1500 Piper Jaff ray Plaza 444 Cedar Street Saint Paul,MN 55101-2140 (651)292-4400 (651)292.0083 Fax www.tkda.com October 13, 2006 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: Assessment Hearing - Continuation Water System Interconnect Phase IV City of Lake Elmo, Minnesota TKDA Project No. 13186.000 Dear Mayor and City Council; At our last meeting the City Council two property owners in the Animal Inn area of the project had concerns about their assessment. We discussed the proposed assessments with them, and have determined the following. Dr. Ostrander His objections are more general in nature. He didn't believe he should be assessed because the area is AG zoning and is covered by a Conditional Use Permit. He didn't think he could sell the property for another use. He also had concern about the necessity of the project. Our recommendation is to have the assessment approved as presented. The property with its present use receives the benefit of the assessment. The need for the project was determined by the City Council before the project was ordered. The project was not in response to contamination, but to address the need for a water tower. Donald and Joan Tamer We met with the Tauer's to review their property holdings in this area. There has been some consolidation and sales of property since we presented the original Feasibility Report. The Tauer's owner 3 parcels. A review of each is listed below. Parcel 1 This parcel includes the driveway easement a kennel building area and an older pet cemetery. We have adjusted the assessment to exclude the area which is covered by the driveway easement. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Assessment Hearing Water System Interconnect Phase IV City Lake Elmo, Minnesota October 13, 2006 Page 2 The older cemetery is included. We can find no legal reason to exclude this area from the assessment. The Tauer's are no longer putting new graves in this area. Parcel 2 This parcel was recently combined with another they own. Much of the area is wetland. We have adjusted the assessment to reflect these items. Parcel 3 This parcel is the main pet cemetery area. There are some wetlands on it which were previously accounted for. The cemetery area covers about one-quarter of the site. Again, we can find no legal reason to exclude this area from the assessments. The owners accept only a small number of new graves each year. Pechan The Tauer's recently sold 0.65 acres to him. The Assessment role has been adjusted accordingly. City Council Action Requested Approve the enclosed assessment roll. Sincerely; Thomas D. Prew, P. E. City Engineer TDP:cme Enclosure z �NrncoLn- NNLnmvief 0 0 0 0 0 0 0 0 O O O O O z g $S6$ o0ogo00ogg 8oc4ia `� wryN fM l i t�i t�1[i Oi(�i lei ni }- o V�11J �U Oi!O N tY w y�y�s b d � V [V N N N N�lNNN O p pp]�fD 2 0 0 O O g O D O o 0 0 o O o O.O O R-iR O a 7 (f� V�V�Y� 1(ipJ N y uJ 4 a9+nwwww0wwwwwwwwwviu+wbeva.9wurul r,o� c v COCOCDCO -$9$4 mm�m nr1irlr� xacx x a�r od 11 l< � aawaaaaaaaadd a, w cwi c�cwi cwi cwi(wi(wi 0 cwi`�q a v 0 LLrL LL LL MMMOm1� 00000Q0000MmM0 axaaza�aaa»>aa HM a a a a a a a b d a U U U U 0. 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O � ww s Y x t33 W�n�'uJ1 oaa, � M tCh m i p n ANI CD OlO OD O<N NMtn N rJ a a a v v a v v v v v--a N a v a V N N N o (V N /� 07 W ryryyy ai 01 01 01 Ol Ol Of 0)Ol W OI �Of W v1 61 0+W O N O N N N O � ON con�0 N NNco co�mm N N (N� 0 0 0 6 tl 0 0 0 0 0 0 0 O O O O /7 - mto �cF ao� � mam�oa� m m$ io i UC I—1.S-200b 12:1b I KllH UUBJ H.b2/b4j'� TKDA ENGINEERS-ARCHITECTS•PLANNERS 444 Cedar Street,Sufte 1500 Saint Paul,MN 55101.2140 October 13, 2006 (651)292-4400 (651)292.0083 Fax www.tkda.com Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: Tablyn Park/Lake Elmo Heights Plumbing Connections Contract A and Contract B City of Sake Elmo, Minnesota TKDA Project No. 13524.000 Dear Mayor and City Council: Bids for the above referenced projects were received on October 13, 2006, with the following results. A complete Tabulation of Bids is enclosed for your information. CONTRACT A Contractor Base Bid Lakes Mechanical Services, Inc. $527,410.00 Engineer's Estimate $572,500.00 CONTRACT 13 Contractor Base Bid Lakes Mechanical Services, Inc. $555,000.00 Engineer's Estimate $583,200.00 Recommendation We recommend that you award both Contract A,and Contract B to Lakes Mechanical Services, Inc., for their base bid of$527,410.00 for Contract A and$555,000.00 for Contract B. Please do not hesitate to call me with any questions or comments you may have. Sincere Thomas D.New, P.E. Project Engineer TDP:cme Enclosure An Employee Owned Company Promoting Afrmalivo A9ion and Equal Opportunity U4 I—1 3 �I A96 12;1'( 1 KDH b51 2192 t A!Wj N.U)/'NJGI < r» rtar ua ca a a wW cry 49 63 69 d3 do- tn � QQaoo Yz - "' o (Dce) w E=4lr3 o eso47o G b c7aC3oo p t� w I- a C) r? ci ci a C; < n - 8o CJ 0It V- Q w u7 E9 69 Hb [tt rd3 Lu QacC30 o w c? c c o a (:� 00000 LU LL. to b9 63 W/ 69 w 0 m 0 w wT � INCN. m0 0 mz r r M CA 4 < m ac w u Cl- CD I- � w z in� U o Q N w � LU _30 F- 8 m0 z � � w c�� LLI° a cc ie 00 a Luj U LU a0 lif � iij a w m 2 < C� c's C1 Q � 20LLJ0 aw � z - sur» W) cp f= wc� � m � uc I-1.i-�21jwb 121 1Y I KDH bbl ��:2 W[dE3 5 H.04/04 ca3, � a �n., o � < W W Q 43 © 0co co C7 000 p �U C SV �r (�Y 0; Iti LU ta4 69 vq-U3,6`}G"b to cig' I]J ( Lu E=4 C3 � a r r r;:) of> o ~ 0 oG70 © O rD u.! ►- ot7riooci o "r Zdcr' c u� v1 e�for 641 to dy w t r 4P.). ZF- LU u�'� Q0mC5 522 4D Cz� W5 d ,- r4' bs►b9 vh�r d3 b r d3 � w O u� uu � z� u u�3 z, o 0 F- c> ca o ca ca vvo7 CD 0 M N N o w F— CL Z: fL W a Z b of O 1- a U CCd � Y ice- ca cA I- � ~�- Qto O a- CDLu Z)zC/3 z caw a �i � n- Ul Jo w v d 3 d - m 0 LLJ 120 li� Q W I ro ? f O zI- � � Z 2 I-- W � O W< QQ UQ 4�7 Cp � l�li �j 00 _ _. ,. ...�. m TOTRL P.04 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-11 A RESOLUTION AWARDINGTHE BID FOR CONTRACT A TABLYN PARK/LAKE ELMO HEIGHTS PLUMBING CONNECTIONS WIIEREAS, pursuant to an advertisement for bids for street patching, bids were received, opened, and tabulated according to law, and the following bid was received complying with the advertisement. Contractor Base Bid Lakes Mechanical Services Inc. $527,410.00 AND WHEREAS, LADES MECHANICAL SERVICES, INC. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Lakes Mechanical Services, Inc. in the name of the City of Lake Elmo for street patching, according to the plans and specifications therefore approved by the City Council and on file in the office of the city cleric. 2. The city cleric is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the.Lake Elmo City Council this 17th day of October, 2006. Dean A. Johnston, Mayor ATTEST: Charles E. Dillerud, Acting City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-11 1 A RESOLUTION AWARDING THE BID FOR CONTRACT B TABLYN PARK/LAKE ELMO HEIGHTS PLUMBING CONNECTIONS WHEREAS, pursuant to an advertisement for bids for street patching, bids were received, opened, and tabulated according to law, and the following bid was received complying with the advertisement, Contractor Base Bid Lakes Mechanical Services Inc. $555,000.00 AND WHEREAS, LAKES MECHANICAL SERVICES, INC. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOT A: 1 . The mayor and clerk are hereby authorized and directed to enter into a contract with Lakes Mechanical Services, Inc. in the name of the City of Lake Elmo for street patching, according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo City Council this 17th day of October, 2006. Dean A. Johnston, Mayor ATTEST: Charles E. Dillerud, Acting City Administrator CITY OF LAKE ELMO, MINNESOTA AUTHORIZATION FOR PROFESSIONAL SERVICES TO: Toltz, King, Duvall, Anderson and Associates, Incorporated 444 Cedar Street, Suite 1500 St. Paul,Minnesota 55101 Pursuant to our Agreement dated February 2, 1988,you are hereby authorized to proceed with the professional services described as follows. Hereinafter, the City of Lake Elmo is referred to as the OWNER. OLD VILLAGE SANITARY SEWER STUDY I. PROJECT DESCRIPTION The OWNER desires an engineering study to address the means and costs to provide sanitary sewage collection to the Old Village portion of the City. It is assumed that the collection system will consist of gravity sanitary sewers in the Old Village area and a combination of lift station/force mains and gravity trunk sewers extending to the North Frontage Road along 1-94, where connection will be made to a planned MCES interceptor. H. SERVICES TO BE PROVIDED BY TKDA TKDA is requested to provide the following services for the Project: A. Review the limits of the future sewered areas. B. Analyze up to two separate routes to provide sanitary sewer service to the Old Village area. C. Review and incorporate the area south of 1 Oth Street to determine suitable pipe sizes and routes. D. Work with the"allied property owners"within the Old Village to determine routes to provide service to this developing portion of the City. E. Provide cost analysis and schedule for recommended trunk sewer plan. F. . Recommend a sewer availability charge for the Old Village area. - 1 - G. Determine Project cost and schedule for the trunk improvements anticipated to be construction in 2007. H. Advise the OWNER as to the necessity of the OWNER providing or obtaining from others, data or services of the type(s) described under Agreement Article 8A(3) and act as the OWNER'S representative in connection with any such services. I. Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. J. Furnish 10 copies of the study to the OWNER. K. Attend four workshop meetings with the public and City Council. III. ADDITIONAL SERVICES If the need for Additional Services is determined, and the fee for the additional work is agreeable and the OWNER authorizes such services in writing, TKDA shall fiunish or obtain from others services of the types listed below which are not considered as normal or customary services. These Additional Services shall be compensated for on an Hourly Rate basis as defined in Agreement Article 3, a part hereof, and such compensation shall be over and above any maximums or lump sum amounts set forth in this Authorization. A. Registered land or right-of-way surveys,right-of-way mapping;plats; legal descriptions; land appraisals, negotiations and/or related services. B. Investigations of existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the OWNER. C. Soil borings and laboratory tests for design purposes; field and/or laboratory tests taken during construction to determine compliance with the Contract Documents. D. Services resulting from significant changes in extent of the Project or its design including,but not limited to, changes in size,complexity,the OWNER'S schedule, or character of construction or methods of financing; and revising previously accepted studies,reports, design documents or Contract Documents when such revisions are due to causes beyond TKDA'S control. E. Additional services in connection with the Project, including services not normally furnished by the OWNER and services not otherwise provided for in this Authorization and the Basic Agreement, a part hereof. IV. PERIOD,-.OF SERVICE TKDA shall start services promptly upon receipt of this executed Authorization and complete services within 120 days depending on the review process. - 2 - V. COMPENSATION Compensation to TKDA for services provided under SECTION IT of this Authorization shall be on an Hourly Rate basis as defined in the Agreement Article 3, in an amount estimated to be $37,775. TKDA agrees not perform services or incur costs which result in billing in excess of the authorized amount until advised by the OWNER that additional funds are available and services can continue. Approved at a meeting of the on ,2Q06. By Attest Consultant Acceptance by ,2006. Authorized TKDA Representative .- 3 - Sharon Lumby From: Thomas D. Prew[prew.td@tkda.com] Sent: Friday, October 13, 2006 2:05 PM To: Sharon Lumby Subject: Non-response Do not want well sealed. Sharon There are about 6 residents on the project who have told us they will not allow the City to seal their well. In addition, there are another 14 or so who have not responded to numerous mailing by the City to asking them for permission to perform this work. Our most recent mailing was by Certified letter, which almost everybody on the list received. Up until now we have been very patient with all residents, but at this point we need to begin legal action to require sealing of all wells in this area. Jerry is preparing a Resolution for the City to being that process. It is my hope that once these remaining residents receive this notice, most will be willing to work with the City. 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 444 Cedar Street Saint Paul, Minnesota 55101-2140 www.tkda.com 1 o ......... .�. ..._..._.... 1"� ltl 3 ..........'j q CD o � , c O o Q N 04 S a H�P6 W.N' .. m W ....... - ..,. i I .........................n M ..._......_..m g N 3AV OUBNtlr'-. to ti Eli ... .. S SIB t- m; \ 2 g N NV.. W N anV;A§10 r .max. 7... :........ :.`............ .............................. . No- LUtT c E� 2 ' U. �',, rn m� w ti °'N d O 13 CF)CD N � 3 u1 ,.l _ U '.0 c W o .,'o Z v lh !9 ; E c_¢ FO m wacc NI,I�I 'm o m E. N ' I � c 1.7 ..:�RONWOOD.7R1-N ID 3�. w o m G o ¢'M 0: al \ �.... 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Prew, P.E. Routing; Date: October 17, 2006 Most of the paving, utilities, and site restoration is complete. There are still some outstanding issues with the storm water pond on the site that need to be addressed by the Developer. I would recommend that escrow be reduced to the amounts listed below: Item Original Amount Work Remaining Site Grading/Turf Establishment $0.00 $0.00 Storm Sewer $l 5,000,00 $2,000.00 Watermain $76,000.00 $5,000.00 Streets $98,000.00 $30,000.00 Street Signs $200.00 $0.00 Landscaping $50,000.00 $50,000.00 Subtotal $239,200.00 $87,000.00 125% Security $299,000.00 $108,750.00 The Developer has previously paid all fees contained in the Developer's Agreement to the City. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity 7LakeElmo Agenda Section: Planning, Land Use and ZoningNo. �A cil, A enda Item: Hardy House Move Background Information for October 17 2006 On October 3 the Council directed this matter be placed on the October 17 agenda. The hole in which the house is placed was to be fenced by the end of the day on October 4 (it was); and the footings/foundati were to be completed by the next Council meeting. As of October 12 no activity regarding the on footings/foundation work was evident, may well be by October 17. As suggested by Administrator Rafferty, the City Attorney and staff have prepared a draft of an agreement that would bind Ms. Hardy to alternative dates of completion should the Council decide to extend the required completion date for this project. Action items: Personxes onsible: Motion providing staff direction regarding the Hardy moving Ci ' 1 SnerJ r project. The Motion would either direct the staff to proceed yam` against the Letter of Credit by November 10 and arrange for completion of the project from those funds; or, extend the date by which Ms. Hardy must complete the project with Ms. Hardy executing the proposed Agreement before October 31 as the required condition of any such an extension. [LAffachments: 1. Draft extension agreement Time Allocated: CITY OF LAKE ELMO DAVID HARDY AND LINDA HARDY SITE DEVELOPMENT AGREEMENT 1.0 Parties, This Agreement is dated the—day of , 2006, and is entered into by and between the City of Lake Elmo, a Minnesota statutory city ("City"); and David Hardy and Linda Hardy (collectively"Hardy"). 2.0 Recitals. A. Hardy is the record fee owner of the property located at 9224 3 1" Street North and legally described as follows: LEGAL DESCRIPTION OF PROPERTY FROM CERTIFICATE OF SURVEY FOR LINDA HARDY by Development Engineering P.A. dated October 10, 2005. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 29, RANGE 21, WASHINGTON COUNTY,MINNESOTA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 15; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, 445.2 FEET TO THE POINT OF INTERSECTION WITH THE CENTERLINE OF 31ST STREET NORTH (ALSO KNOWN AS OLD STILLWATER AND ST. PAUL ROAD); THENCE EASTERLY ALONG SAID CENTERLINE OF SAID ROAD, 1228.9 FEET TO THE POINT OF BEGINNING; THENCE NORTH AND PARALLEL BY 1175 FEET WITH SAID WEST LINE OF SAID SECTION 15, A DISTANCE OF 187.4 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF CHICAGO AND NORTHWESTERN (ALSO KNOWN AS C. ST.P. MPLS. &O.)RAILWAY COMPANY; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY LINE 105.4 FEET; THENCE SOUTH AND PARALLEL BY 1070 FEET WITH SAID WEST LINE OF SAID SECTION 15,TO THE POINT OF INTERSECTION WITH THE CENTERLINE OF 31sT STREET NORTH (ALSO KNOWN AS OLD STILLWATER AND ST. PAUL ROAD); THENCE EASTERLY ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. ("Hardy Property") B. On the I",day of November, 2005,the City approved Resolution 2005-118 which allowed Hardy to move a single-family detached building (`Building") onto the Hardy Property. C. The moving project included moving the building onto the site; excavating a basement; constructing footings and the basement; backfilling the area around the basement; constructing a slab for the garage; installing a driveway and grading around the garage slab and driveway; installing a septic system; doing final grading, sod, and grass seeding; and re-roofing the single-family detached residential dwelling ("Improvements"). D. The Improvements were to be completed by October 31, 2006. In order to secure the construction of the Improvements in a timely manner, Hardy obtained a Letter of Credit from the Lake Elmo Bank. The Letter of Credit was dated November 10, 2005, and will expire at 3:00 p.m. on the 11 th day of November, 2006. E. As of the 17th day of October, 2006, the Building had been moved onto the Hardy Property, but the remaining Improvements were incomplete F. On the 17th day of October, 2006, Hardy requested an extension of the time to complete the Improvements and the City agreed to extend the completion date from October 31, 2006, to the 30th day of June, 2007, subject to the terms and conditions of this Site Development Agreement. i 3.0 Terms and Conditions. NOW, THEREFORE, in consideration of the approvals granted by the City and the mutual obligations expressed herein, the parties agree as follows: A. Completion of Improvements. Hardy shall complete the following Improvements by the dates specified: 1. Complete excavation and backfill by December 1, 2006 (estimated costs $5,500.00). 2. Complete footings and basement by December 1, 2006 (estimated costs $22,245.00). 3. Complete garage slab, driveway, and grading by the 30th day of June, 2007 (estimated costs $3,000.00). 4. Complete septic system by the 30th day of June,2007 (estimated costs $6,000.00). 5. Complete final grading, sod, and seeding by the 30th day of June, 2007 (estimated costs $14,095.00). 6. Complete roofing by the 30th day of June, 2007 (estimated costs $4,000.00). y, 7. Complete plumbing, heating and electrical work by the 3 Vt day of April, 2007 (estimated costs $9,400.00). 8. Complete the interior walls and ceiling by the 31st day of April, 2007 (estimated costs $2,000.00). B. Estimated. Costs. The estimated cost of the remaining Improvements is $53,640.00. C. New/Revised Letter of Credit. Prior to November 5, 2006, Hardy shall provide a new or revised Letter of Credit in the amount of 125% of the estimated costs of the remaining Improvements. D. Terms of Letter of Credit. The Letter of Credit shall incorporate the terms of this Site Development Agreement; shall secure the construction of the remaining Improvements by dates specified; and, in the event that Hardy does not complete the Improvements by the required dates, shall permit the City to draw on the Letter of Credit and let contracts for the completion of the required Improvements. E. Additional Costs. If the actual costs incurred by the City to complete the remaining Improvements exceed the balance of the Letter of Credit, Hardy shall be responsible for the payment of the additional costs. Hardy shall pay any invoices from the City within fifteen (15) days of receipt of the invoice. If Hardy fails to pay invoices in a timely manner, the City is hereby authorized to assess such additional costs against the Hardy Property by adopting an Assessment Resolution and certifying the Resolution to the County Auditor for collection in one (1) lump sum on the succeeding year's real estate taxes. F. Binding Agreement. This is a legally binding document and Hardy has reviewed the terms of the Agreement with their attorney or has freely chosen not to do so. IN WITNESS HEREOF, the parties have hereunto set their hands. CITY OF LAKE ELMO By: Dean Johnston Its: Mayor 4 David Hardy Linda Hardy STATE OF MINNESOTA ) :SS. COUNTY OF ) On this day of , 2006,before me, a Notary Public within and for said county, personally appeared Dean Johnston, to me known to be the Mayor of the City of Lake Elmo, and he executed the foregoing instrument and acknowledged that he executed the same by authority of and on behalf of the City of Lake Elmo. Notary Public c STATE OF MINNESOTA } :SS. COUNTY OF 1 On this day of , 2006,before me, a Notary Public within and for said county, personally appeared David Hardy and Linda Hardy, husband and wife; and they executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Notary Public FAums\BARBERI7ERRY1Lake E1mo\Site Development Agr I LETTER OF INTENT TO PURCHASE To inform Rosenbauer/General Safety Equipment,the City of Lake Elmo will make its formal decision for the approval of funding and purchase of the one (1)75' aerial and one (1) 100' aerial platform as demonstrated by it sales representative to the Fire Department and the Lake Elmo City administration.This will take place at our City council meeting on Wednesday November 8`h, 2006. The Lake Elmo Fire Department intends to purchase these two vehicles pending its funding approval at the council meeting that evening. The City realizes that if for any reason these vehicles are not approved at that evenings meeting. Rosenbauer/General Safety intends to put these trucks immediately back on the open market CITY OF LAKE ELMO MN arty of the second Part) By. (signature) (Type or print name) (Title) Date: 2006 Chuck Dillerud , From: Jerry Filla Df ilia @pfb-pa.com] Sent: Thursday, October 12, 2006 4:18 PM To: Chuck Dillerud Subject: Re: Letter of intent.doc sounds good to me.does not commit the city to purchase anything . >>> "Chuck Dillerud" <Chuck.Dillerud@lakeelmo.org> 10/12/06 02.32PM >>> Jerry This is the second try at a letter that would "freeze" the trucks off teh market until we can sort this thing out further, but not in any manner commit the City to purchase. T think it still looks a bit too commital. Whta sayeth you? CED f ,