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October 03, 2006 CCP
uayor: Dean Johnston Lake 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 3 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. Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes: September 19, 2006 3. PUBLIC INQUIRIES/INFORMATIONAL: Public Inquiries/Informational is an opportunity for citizens to bring the Council's attention any items not currently on the agenda. In addressing the A. PUBLIC INFORMATIONAL: Council,please state your name and address for the record,and a brief summary of the specific item being addressed to the Council. To allow adequate time for B. Public Inquiries each person wishing to address the Council,we ask that individuals limit their comments to three(3)minutes. Written documents may be distributed to the Council prior to the meeting or as bench copies,to allow a more timely presentation. 4. CONSENT AGENDA Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar A. Resolution No.2006-101•Approve Claims 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 B. Partial Payment Park order of business and considered separately in its normal sequence on the Construction:Resolution No. 2006-102 agenda C. Partial Payment CBI:Resolution No. 2006-103 D. Final Payment GM Contracting for Water Systen Interconnect Phase II; Resolution No. 2006-104 5. FINANCE:. 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIREBUILDING: A. Building Department: (1) Movement of Building onto Hardy Property (2) September Building Activity Report Lake Elmo City Council Agenda October 3,2006 Page 2 8. CITY ENGINEER'S REPORT: Tom Prew A. Public Hearing: Proposed Assessments for Phase IV Water Interconnect Project; Resolution No.2006-105 Adopting Assessments B. Extend "No Parking" 151" Street to Ivy; Ordinance No. 97-182 C. Approve Plans for SCADA(Supervisory Controls and Data Acquisition); Resolution No. 2006- D. Award Contract for Northern Water Main Extension; Resolution No. 2006-106 E. Update on Riley Construction -verbal 9. PLANNING LAND USE & ZONING: C. Dillerud A. Ordinance No. 97-180; Zoning Ordinance Amendment-Accessory Buildings B. Septic Pumping/OR Inspection— Ordinance No. 97-181 C. Update on Meeting—Xcel Fly Ash Landfill Siting D. Re-Establish/Modify OP Development— Amend AG,RR& OP E. Development Moratorium -Village Area; Ordinance No. 97-186 F. Village Area Planning-verbal 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: M, Rafferty A. St. Croix Family Community Center Consultant reports were provided previously.) 12. CITY COUNCIL REPORTS: A. Mayor Johnston B. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith CLOSED MEETING: Park Construction/EBI . .DRAFT CITY OF LAKE ELMO CITY COUNCIL MEETING SEPTEMBER 19, 2006 1. AGENDA 2. MINUTES: September 5,2006 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 C. Written Report: Building Official, Jim McNamara 4 5. FINANCE: 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Fire Dept.: Chief Malmquist T- (I) Place Mark Yost as a Probationary Mernb'er 12 (2) Fire Dept.#2: Day Room Improvement G,ltion 8. CITY ENGINEER'S REPORT: A. Resolution No. 2006-098: Acce tom+ bili R rt on 28'h Street(not adopted) B. Update on Krueger Property verbal y� C. Ordinance No. 97-179: Relating to Uwg ofkgally Parked Vehicle&Trailers D. Resolution No. 2006 09g,"`,,Izrove Plan and Specs for Plumbing Work-Tablyn Park(Contract A) andJ2esolutic n No 006-099: (Contract B)-verbal E. CBI Status&Update nn Wate ,, '��r Guarantee Document Agreement(addition) 9. PLANNING, LAND USES;� Zfl�NINGW A. Resolution No-6 06iAdinance No. 97-178: Apostolic Bible Church Site- Camprehen rve Pl ar AmerYnt and Rezoning B. Meeting�jth Oak Park 3ei " "City Council -Buberl/NassBidon Annexation C. Metro Trans# Park and ode Proposal (removed) D. Access to Sui sh LakM ark from Jamaca Blvd.(addition) 10.CITY ATTORNE ;,;1 'ORT: ,:;FS�ia:K:. A. North Water Main"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; 9C: Access to Sunfish Lake Park from Jamaca Blvd; 1 OB:Legal Intricacies of Bergman Variance; i IA: Explanation of M.ETC 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, 2Q06 City Cuneil Agenda as amended. (Motion passed 5-0) " 2. MINUTES: M/S/P Johnson/Conlin—to approve the September 5;A6, City Council Minutes. (Motion passed 5-0) :. ;< ft M/S/P Conlin/Johnston—to amend the Sep"tuber 5, 206, City Council Minutes Item 9A: Resolution No. 2006-0,92p�tining Variance—Richard and Eileen Bergman. (Motion passed 4-1: Johnston abstaine ;—abs40. Council Member Smith is concerned with the number and size ofbliildings;=on 6 3%cre site and also has concerns with the question of hardship. ` M/S/P Conlin/Johnston=t0, end e September 5,2006, City Council Minutes >: Item 91): Metr. litan Airpa Icomr fission-Lake Elmo Airport 2025 Plan (Motion passed 4. zd Johnson abstained-absent) M/S/P Conlin/Johnston to 4mend the September 5,2006, City Council Minutes, Item 4G: Pay Estimate fc:' :::Water Tower: CB &I Constructors. (Motion passed 5-0) 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 5-0) 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 5-0) M/S/P Conlin/Johnston—to amend the September 5, 2006, City Council Minutes Item 9E: Xcel Fly Ash Landfill Siting_ (Motion passed 5-0) 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 3A (1): CIC Presentation on Senior Housing. (Motion passed 5-0) 3. PUBLIC INQUIRIES/PUBLIC INFORMATIONAL: A. Public Inquiries: None B. Public Informational: Mayor Johnston informed the residents about the upcoming Ice Cream Social to be held on Sunday, September 24, 2006, from 2--4 pm., at the restored District 12 schooI house. Donations are welcome. 4. CONSENT AGENDA: A. (1) Resolution No. 2006-096: Approving Claims M/S/P Johnson/DeLapp—to approve Resolution No. 2006-096,, proving Claim Numbers 348, 349, DD885 through DD909, 29655 through 7, were used for Staff Payroll dated September 14, 2006; 29654,29678 through 2 .73 in the total amount of $889,574.74 are hereby approved. (Motion passed 5-0)' L. Council Member Smith requested clarification of the`paym t to the Se sings. Attorney Filla explained that per court order, the City woulftgy S.39000.00 immediately and the building permit plus interest. The remaining$1,000 Qould be paid after the building was down and the materials removed with seven days: (2) Resolution No. 2006-097: Appro: Cg�l r M/S/P DeLapp/Conlin—to appro esoluti4n$6. 2066-097, approving Claim Number 29732, in the total amount ofheret y�approved. (Motion passed 4-0-1: Couc1 Membes�asoecused herself) B. MonthljOIeratin� ReporC M/S/P Johnson/DeLapp-to�pprovethe August 2006 Monthly Operating Report as W presented. (Mottos approve&& 0) C. Written July 20a6 Cont ction Activity Report: M/S/P Johnson/DeLapp ,&accept the July Constriction Activity Report as provided by the Building Official. (IVIadon passed 5-0) 5. FINANCE: None 6, NEW BUSINIESS: None 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Fire Dept.: Chief Malmquist (1) Place Mark Yost as a Probationary Member Fire Chief Malmquist requests Council approval to place Mark Yost as a Probationary Member of the Lake Elmo Volunteer Fire Dept. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 3 DRAFT' 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 Dent. #2: Day Room Improvement Clarification Fire Chief Malmquist reported that the received a bid for$2,600.00 for construction materials. This bid does not include wiring, carpet or incidentals. The Fire Dept. will be accepting donations of mud, tape, doors, etc. M/S/P Johnson/Conlin—to authorize the construction of the dayroom at Fire Station#2, with costs to not exceed an$8,000.00 bid. (Motion passed 5-0) 8. CITY ENGINEER'S REPORT: A. Resolution No. 2006-098: Accept Feasibility Report on 280' Street The City Engineer handed out the Feasibility Report for the 28thg eet Project. It would be a 22' wide road with no turn around. A bid for$65,000 wad received for the 22',and $40,000 for the 18' wide road. The road would stop sho k because of No permits would be required. previous flooding. onii1 . =' Financing would come partially from 3M($7,000) the res is nts affected;and the City. The two ways to receive funding are: 1) appraisal th maximum benefit at$2,500, or 2)residents pay the full cost of$8,300. The City wou pay approximately$40,000. He recommended waiting to pave until spring 9 7 when nW,bids could be taken. Reconstruction of the base and preparing it for paving wd&require the City investing $32,000 now. Resident Jim Palacek, 2798 J Iey Avenue Noah, stated that there were no easements on his property and he did no ' t his gxpy assessed. The City only started snow plowing his road three years gip, a maFntaxning it for the last two years. XXX Resident Jim Petersen, 275.I Jaml"%venue North, stated there were no residents to the east of Jamley Avenue. The Crty coil also save cost on paving by eliminating 200 feet west of 28a' Streei`and Jamley avenue. Currently,the construction equipment left up to eight inch imprints oxthe road,and it would be cost-effective to pave the road since work is currently being donedn 8 ' Street. The City Engineer informed Mr. Palacek and Mr. Petersen that the Feasibility Report did not have an assessment for their properties. Council discussed the fact that since the project is not on the CIP, would it be removing or delaying another project, and would the owner's property value increase because of the paved road. Council questioned the cost savings of doing it now since the road is being torn up currently, and asked when the Kirkwood project was scheduled. The Finance Director stated the City does have a reserve on backup projects, but it would involve dipping into the City's cash flow. LADE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 4 DRAFT Council Member Johnson supports the project, but not to take money from the reserves to finance it as the budget is based on building permits. M/S/P Conlin/Srnith—to place the 28th Street Construction Project on the CIP and prioritized by Staff. (Motion passed 4-1: DeLapp-we have not addressed the petition to pave 28th Street) Mayor Johnston supports the motion, stating there is money in the water project and the road would be in a better condition, but the City does not have money in the CIP. Council Member Conlin supports the motion, stating it would be unfair to other projects waiting. B. Verbal Update on Krueger Property a� City Engineer Prew updated the Council on the progress to Irt} ger's homestead at 4452 Lake Elmo Avenue. The southwest corner of the property-h"i b�pen staked and two loads of gravel had been delivered. The property had been seeded this`snmer, but will need to be redone on either side of the driveway where th!O.tch flows. ItURreferred to have dormm-it seed down in the fall of 2006, and not extended to.,07. He v 11 be checking it c,R. again this week. , Ms. Krueger thanked the City for the gravel and the restakng of the property. She also requested that the City delay any work on ch and reeding until spring 2007, as she believes it is too late in the year. She with the contractor completing the work as there ha problems with them in the past. Council discussion det `' that th rk will.tbe completed by the contractor, and that projects have been success rtltg the'drrnant grass mats. Council directed the Crty'Engineer ta_meet with the Krueger's to clarify what the City will be completing this n C. Ordinance N "97-179 relating to Towing of Illegally Parked Vehicles& Trailers The City Engineer and tomey recommend adoption of Sections 100.06, Subd. 1 and Subd. 2 and Section 1f00.01,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. City Council also repeals 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 tow all of the vehicles. City Engineer Prew informed them the trailers would be kept one-half mile out, and towing would occur four hours later. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 5 DRAFT M/S/P Johnson/Johnston—to adopt Ordinance No. 97-179, amending 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 Towing of Illegally Parked Vehicles & Trailers, and to include the attached maps. (Motion passed 5-0) D. Resolution No. 2006-098: Approve Plans and Specs for Plumbing Work—Tablyn Park Contract A); Resolution No. 2006-99 (Contract B) City Engineer Prew presented plans and specifications to the Council for the two hundred homes. Two contracts are being requested as the work can be completed faster, and the bids competitive. The contracts include removal of the tank, installation of the water meter, disconnecting the well pipe, and adding the plumbing. All work will meet the City's code and inspected by the Building Inspectors. M/S/P DeLapp/Johnson—to adopt Resolution No. 2006-098 (Cc act A)and h.::4. Resolution No. 2006-99 (Contract B), approving Plans and Spfications and Ordering Advertisement for Bids Tablyn Park(Contract A). (Motioa` a d 5-0) X E. CB &I status&Update on Water Tower Guarantee Document Agreement addition `` City Engineer Prew informed Council that CB 8` ;recltfmg authorization to paint the water tower on weekends. This would involve sancarig and painting, which is temperature-oriented and weather controll"� `<> Change order being reviewed by City Engirer a Ly Pittomey and will be brought back to the October 3,2006, Copne lomeeting M/S/P Conlin/Johnson—to is ect the arty Admr istrator to issue a Special Permit, XXXX reflecting City Code,to CB 'tt.. fox eeken d w ork for painting of the new water tower. The Permit will allowFRntin sandblasting on Saturday and Sunday, from 8:00 a.m. to 5:00 p.m.; weather permitnglfltion passed 5-0) 9. PLA_N!ING;LAIVD USE'S ZONING: A. Resolution 1 &2006-0.ff Ordinance No. 97-178: Comprehensive Plan Amendment and Rezgostolic Church Site(loth Street) The City Planner reporteftat this City Council-initiated the proposal to reclassify the approximately 14 acre site from PF 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, 2006. Council Member Conlin requested that the Findings be part of the approved motion. M/S/P Johnson/Smith—to amend to 12 months. (Motion 3-2: DeLapp and Conlin) LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 6 DRAFT M/S/P Johnson/Smith—to table further discussion and have the Apostolic Church return within twelve months, updating the Council as to where they are with their plans for use of the site for a church. (Motion passed 3-2: Conlin and DeLapp) Pastor Friend asked the City Council if it will be necessary for the church to have complete construction plans within twelve months. City Attorney Filla advised Pastor Friend that his interpretation of the motion is that the church should have at least a schedule for the use of the site for new church purposes, but that construction plans were not necessarily required. B. Meeting with Oak Park Heights City Council—Buberl/NassBidon Annexation The City Planner informed Council that a letter from the Oak Park Heights City Administrator had been received regarding an annexation requesbom three residents owning land in Lake Elmo. The Oak Park Heights City Coundhas requested a joint work session with the Lake Elmo City Council to discuss the pr e.rty owner's request. The City Planner reported that at this time,Lake Elmo has iot rebewed any letters from the owner's requesting the detachment/annexation. Hi noted that,aso#August 1,2006, both cities must now approve a concurrent detachzri'ent/anne on,rather than lust the annexing city as had been the law previously. Lallmeds to be directly involved. City Administrator Rafferty said that he talked with the Oak Park Heights City Administrator Johnson, informing him that lietuld brirtge request for a joint meeting to the Lake Elmo Council's attention for any-.act© The Council discussed the letter ce vied from the property owners by Oak Park. Heights and the Oak Park Heights:invitation f+� a ©int meeting regarding the detachmcnt/annexation. <' . M/S/P Smith/DeLaGap tdtect Staff to write a letter to the Oak Park Heights Council stating that the: Ice Elmo Cit Cour:6il is not interested in a meeting with the Oak Park Heights City Co gi on the d tachment/annexation matter and that the Lake Elmo Council desires to . .Lake E`l no 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 Oak Park Heights on this detachment/annexation matter,just not a full City Council. Council Member DeLapp commented he would not consider such a meeting. Council Member Johnson commented that the City's response to Oak Park Heights should be courteous and respectful. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19,2006 7 DRAFT C. Metro Transit Park& Ride PTODosal (deleted) The City Planner reported that had been notified by Metro Transit that they were not ready to present the Park &Ride Proposal to the City Council,but will at a later date. C. Access to Sunfish Lake Park from Jamaca Blvd. Council Member DeLapp informed Council that a road in back of the Maintenance Building has a fence that was built to allow access from Jamaca without access to the Lake Jane Landfill polluted area,but there is also a sign stating that there is no access from Jamaca Blvd. to the park. He is requesting Staff to replace the sign with a new sign inviting access to the park from Jamaca. The City Planner informed Council that Staff will take care of changing the sign,without any formal Council direction to do so. 10. CITY ATTORNEY'S REPORT: A. Bergmann Easement °. City Attorney Filla informed Council that no communi: n has�en 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�ffie City'<912006 Water System Interconnect Project, which benefits the residents o �Elmo. M/S/P Conlin/Johnson—to approve Resol"U' i: No,,2006= 1�0, a Resolution Authorizing Condemnation of the Bergmann property. oft. -0) B. Legal Intricacies of Ber4rriann Variance(removed) 11. CITY ADAIMSTRAT REP MSORT:. A. Explanation of METC Park&Ride attending the Council WorkshoA about Park and Ride Council Member DeLapp requested '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 informedd-bey would be there. City Administrator Raffe '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 METC is attending to please add their names to the Agenda. 12. CITY COUNCIL. BUSINESS AND REPORTS: Mayor Johnston: None Council Member Conlin: None LAKE ELMO CITY COUNCTL MfNUTES SEPTEMBER 19, 2006 8 DRAFT Council Member DeLapp: None Council Member Johnson expressed thanks to the Staff in Public Works, and said it was a marvelous Open House on Saturday. Council Member Smith agreed with Council Member Johnson. 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 Meeting adjourned at 10:20 p.m. 3�a 17. Resolution No. 2006-096: Approving Claims Resolution No. 2006-097: Approved Claim Resolution No. 2006-098: Approved Plans and Spector Plumbing 4rk—Tablyn Park (Contract A) • Resolution No. 2006-099: Approved Plans and ecs for.406bing Work—Tablyn Park (Contract B) Resolution No. 2006-100: Authorized Comnationn`t $..ergman Property Ordinance No. 97-179: Relating to Towir: 0-Ill".." all P d Vehicles and Trailers ; 1�\••• \" .. 4\ LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 9 APPROVED AS AMENDED SEPTEMBER 19, 2a06 CITY OF LADE ELMO CITY COUNCIL MEETING SEPTEMBER 5, 2006 1. AGENDA 2. MINUTES: August 15, 2006 3. PUBLIC INQUIRIES/PUBLIC INFORMATIONAL: A. PUBLIC INQUIRIES: B. PUBLIC INFORMATIONAL: (1) CIC Presentation on Senior Housing (2) Resolution No. 2006-094: Lake Elmo Bark 95th Anniversary 4. CONSENT AGENDA: A. Resolution No. 2006-087: Approve Claims B. Escrow Reduction#3: Discover Crossing C. Escrow Reduction: Farms of Lake Elmo D. Escrow Reduction 2: Sanctuary E. Pay Estimate for 2006 Crack Seal: L&M Services F. Pay Estimate for 2006 Seal Coat: Allied Blacktop Company G. Pay Estimate for Water Tower: CB &I Constructors H. Pay Estimate for Park: Tablyn Park/Lake Elmo Heights I. Resolution No. 2006-090: Ordering Assessment Hearing for Water System Interconnect Phase IV J. Resolution No. 2006-091: Award Bid for 2006 MSA Resurfacing 5. FINANCE: A. Resolution No. 2006-088: Budget Presentation: Adoption of Proposed Tax Levy and Proposed 2007 Budget B. Resolution No. 2006-089: Set Truth in Taxation Hearing Dates 6. NEW BUSINESS: None 7. MAINTENANCE/PARK/FI E/B JILDING: A. Parks Dept.: (verbal) (1) Carriage Station Basketball Court (2) Announce Public Works Open House (3) B. Fire Dept.: Update on Dept. Activities (verbal) (1) Recognize Explorers (2) Recognize Two Engineer Certified Firefighters (3) Fire Station No. 2 Upgrades 8. CITY ENGINEER'S REPORT: A. Water Tower Paint Color(verbal) B. 28th Street Petition for Street Improvement(verbal) C. Northern Water Main Extension Easement Update-moved to Closed Session D. Tablyn Park/Lake Elmo Heights Water System Update (verbal) 9. PLANNING,LAND USE &ZONING: A. Resolution No. 2006-092: Zoning Variance-Richard and Eileen Bergman LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5,2006 1 APPROVE® AS AMENDED SEPTEMBER 19, 2006 " B. Apostolic Church Site: (Tabled) Resolution No. 2006-093: Comp Plan Amendment; Ordinance No. 97-178: Rezoning C. Status of Village Plan (verbal) D. Metropolitan Airport Commission—Lake Elmo Airport 2025 Plan E. Xcel Fly Ash Landfill Siting: Update F. METC Update 10. CITY ATTORNEYS REPORT: A. Ziertman/Sessing Update—Moved to Closed Session 11. CITY ADMINISTRATOR'S REPORT: 12: CITY COUNCIL REPORTS: REMINDERS: September 12, 2006: Primary Election—Polls Open 7 AM—8 PM September 13, 2006: City Council Workshop—6 PM-8:30 PM September 14, 2006: Community Open House on Groundwater Contamination— OakLand Junior High School September 16, 2006: Open House at New Public Works—9 AM—Noon LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5,2006 2 APPROVED AS AMENDED SEPTEMBER 19, 2006 Mayor Johnston called the Council meeting to order at 7:00 p.m, in the Council Chambers. COUNCIL MEMBERS PRESENT: Conlin,DeLapp, and Smith. ABSENT: Johnson. STAFF PRESENT: City Administrator Rafferty, City Planner Dillerud, Finance Director Bouthilet,Building Official.McNamara,Fire Chief Malmquist, Parks Supt.Boutlulet, City Engineer Prew, City Attorney Filla, and Recording Secretary Freeman. Pledge of Allegiance 1. AGENDA: Additions: 7A(3)Park Use Preliminary Information; 9F METC meeting update, Changes: Moved 8C to Closed Session,moved 10A to Closed Session;Moved 7B (1) and 7B (2) to 3A(3). M/S/P Conlin/DeLapp—to approve the September 5, 2006, City Council Agenda as amended. (Motion passed 4-0) 2. MINDTES: M/S/P Smith/Conlin—to approve the August 15,2006, City Council minutes as amended. (Motion.passed 4-0) 3. PUBLIC INFORMATIONAL/PUBLIC INQUIRIES: A. Public Informational: (1) CIC Presentation on Senior Housing: Brenda Anderson, from.the Community Improvement Commission(CIC),presented the results from their Summer 2005 Senior Housing Survey. Approximately one hundred questionnaires were received,with 86%believing that a need exists for senior housing. The CIC recommends that further study,feedback and direction from the City Council are necessary to identify appropriate senior housing suitable for the City of Lake Elmo. Council Members questioned the"definition of affordable housing, and the probable cost of any senior oriented units/houses in the Old Village Area. It was determined that it would be best to have the Old Village Plan completed, and have any senior housing builders expressing interest work with the Engstrom group. (2) Lake Elmo Bank 95`h Anniversary: Resolution 2006-094: The Mayor and City Council congratulated the owners and employees of the Lake Elmo Bank on their 95h Anniversary in the East Metro Area. They have been, and continue to be, an outstanding corporate citizen of Lake Elmo. There will be a Community Celebration on Friday,with Acting Mayor Smith presenting the City's congratulations. M/S/P Smith/Conlin—to approve Resolution No. 2006-094,congratulating Lake Elmo Bank on its 95 h Anniversary. (Motion passed 4-0) LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER S,2006 3 APPROVED AS AMENDED SEPTEMBER 19, 2006 B. Public Inquiries: Julie Bunn, 2986 Lake Elmo Avenue,introduced herself and announced her candidacy for State Representative 56A. Deb Krueger,4452 Lake Elmo Avenue,requested that action be taken regarding the 43d Street water main construction, stating that the City needs to adopt a code or policy for completion of any City project in a timely manner. She stated that this was her third request for the repair of the ditch on their property. She requested that this repair be delayed until Spring 2007 since the plant growth in the ditch now precludes an accurate assessment of the repairs required. She also reported that a load of gravel was required for their driveway and a survey marker needed replacement. She demanded that those actions be completed by the end of September. City Engineer Prew stated that the contractor needs to inspect the property and have the survey stakes correctly placed. M/S/P DeLapp/Smith—to direct Staff to make every reasonable effort to comply with Ms. Krueger's request for gravel and survey stake by the end of September 2006. (Motion passed 4-0) M/S/P DeLapp/Conlin—to direct Staff to complete the ditch work on 43", Street parallel to the Krueger property by the Fall of 2006 or Spring 2007,being careful to avoid the months of November and December 2006 to avoid conflict with the Krueger's holiday tree sales. (Motion passed 4-0) 4. CONSENT AGENDA: A. Resolution No. 2006-087: APproving_Claims M/S/P Smith/Johnston—to approve Resolution No.20006-097,approving Claim Numbers 343,344,DD848 through DD870, 29560 through 28587,were used for Staff Payroll dated August 17, 2006; Claim Numbers 345,346,DD871 through DD874,29588 through 29598,were used for Staff Payroll dated August 31,2006,Claims 347,29599 through 29563,in the total amount of$991,968.60 are hereby approved. (Motion passed 4-0) B. Escrow Reduction#3: Discover Crossing M/S/P Smith/Johnston—to authorize an Escrow Reduction#3 for Discover Crossing, reducing the escrow amount required to$153,750.00. (Motion passed 4-0) C. Escrow Reduction: Farms of Lake Elmo M/S/P Smith/Johnston—to authorize an Escrow Reduction for Farms of Lake Elmo, reducing the escrow amount required to$133,750.00_ (Motion passed 4-0) D. Escrow Reduction#2: Sanctuary M/S/P Smith/Johnston—to authorize an Escrow Reduction for Sanctuary,reducing the escrow amount required to $1,038,750.00. (Motion passed 4-0) LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5,2005 4 APPROVED AS AMENDED SEPTEMBER 19, 2005 E. Pay Estimate for 2006 Crack Seal: L&M Services MIS/P Smith/Johnston—to authorize Final Payment to L&M Services, in the amount of $27,300.00, for the 2006 Crack Seal Project. (Motion passed 4-0) F. Pay Estimate for 2006 Seal Coat: Allied Blacktop_Company M/S/P Smith/Johnston—to authorize Final Payment to Allied Blacktop Company, in the amount of$110,057.49, for the 2006 Sealcoat Project. (Motion passed 4-0) C. Pav Estimate for Water Tower: CB &I Constructors Council discussed if it was wise to pay CB &I Constructors due to the outstanding issues about documentation on the water tower construction issues. The payment is for services completed. The City Attorney and Staff stated they are still clarifying the wording of the water tower guarantee document that the City has negotiated including the concerns addressed by the City Council. City Engineer Prew would report back to Council at a subsequent Council meeting. M/S/P Smith/Johnston—to authorize payment of Certificate No. 6, to CB &I Constructors, in the amount of$366,537.07, for the Elevated Water Storage Tank No. 2. (Motion passed 4-0) H. Pay Estimate for Tablyn Park/Lake Elmo Heights Council members discussed what a reasonable timeline was for the residents to expect the work to be completed, and whether payment should be made as the work was behind schedule. City Engineer Prew explained that he expected the middle of October for the work to be completed. A timeline schedule would be mailed to all residents this week_ MIS/P Johnston/DeLapp—to authorize the Partial Payment of Certificate No.2,to Park Construction Company,in the amount of$537,058.69. (Motion passed 4-0) I. Resolution No. 2006-090: Ordering Assessment Rearing for Water System Interconnect Phase IV M/S/P Smith/Johnston--to authorize the City to accept the proposed assessment of the cost of the Water System Interconnect Phase IV Project. (Motion passed 4-0) J. Resolution No. 2006-091: Awarding Bid for 2006 MSA Resurfacina M/S/P Smith/Johnston—to award bid to Tower Asphalt,Inc.,in the amount of $236,501.45, for the 2006 MSA Resurfacing. (Motion passed 4-0) 5. FINANCE: A. Resolution No. 2006-088: Budget Presentation: Adoption of Proposed Tax Levy and Proposed 2007 Budget The Finance Director presented the 2007 Proposed Budget to the Council, staffing that it has been reviewed with the Dept. Heads and City Administrator. The proposed Levy LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5,2006 5 APPROVED AS AMENDED SEPT EMBER 19, 2006 ` Certification roust be approved by September 15,2006. The Levy can always be lowered. The final budget must be certified to the County by December 29,2006. MJS/P Johnston/Conlin—to adopt Resolution No. 2006-088,for the Proposed 2006 Tax Levy, collectible in 2007 and the 2007 Proposed Budget. (Motion passed 3-1: DeLapp does not believe we can justify a 25% City tax revenue increase over 2 years) B. Resolution No. 2006-089: Set Truth in Taxation hearing Dates M/S/P DeLapp/Smith—to adopt Resolution No. 2006-089, setting the Truth in Taxation Public Hearinu Dates for the 2006 Tax Levy and the 2007 Budget. (Motion passed 4-0) 6. NEW BUSINESS: None 7. MAINTENANCE/PARK(FILRE/BUILDING: A. Parks Dept.: (1) Carriage Station Basketball Court: Public Works Superintendent reported that three quotes were received for the building/resurfacing of the new basketball court at Carriage Station. He reported that there are CIP funds set aside for this project and recommends awarding the bad to T.A. Schifsky,Inc. The Council expressed a concern that the low bidder was adequately qualified to perform the work and formed a consensus that the proposed partial court be enlarged to 2 feet beyond the out of bounds strupes. M/S/P Smith/DeLapp —to award the bid to T.A. Schifsky,Inc.,in the amount of $12,500.00 per quote dated August 23,2006,for a new Carriage Station basketball court at the enlarged size,per the recommendation of the Public Works Supervisor. (Motion passed 4-0) (2) Announce Public Works Open Douse: City Administrator Rafferty announced that an Open House will be held for the new Public Works Building on Saturday,September 16,2006,from 9:00 am to Noon. Ribbon cutting will be at 9:30 a.m. The Public is welcome and invited to attend B. Fire Dept.Update: (1) Recognize Explorers: Chief Malmquist recognized Lake Elmo Volunteer Explorers Fire Post 9351 for their successes at the Eighth Annual Governor's Fire Safety Day. Explorers Sarah Gilder, Noah Malmquist, Tack Winkels,Tom Gagnon,Jessica Elliott,Ben Salus and Adam Heinle participated in the event. (2) Recognize Two Engineer Certified Firefighters: Training Officers -District Chief Brad Winkels and Captain Mike Tremain introduced Brian Johnson and Richie Springborn. They are the first Lake Elmo Firefighters to have successfully completed the Fire Engineer training in LAke Elmo. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5,2006 6 APPROVED AS AMENDED SEPTEMBER 19, 2005 (3) Fire Station No 2 Upgrades• The Fire Chief informed Council that bids were received for upgrades to Fire Station#2, approaching it as a two-part project. The first stage will be the degreasing and painting of the walls. Also,the floors would be cleaned, striped and sealed. The second stage will be the construction of a"day room"in the center stall, improvement of storage space and upgrading the existing office space. The Firefighters have agreed to provide the labor for this project to minimize the costs. There will be expenses for materials,HVAC and some electrical work. Mayor Johnston questioned the need for the second stage improvements. City Administrator Rafferty advised that this building will be usable for another 8-10 years, which warrants at least these minimal improvements to function as a fire station over that time period.. Council Member DeLapp said he supported the upgrades, and he appreciated the time and effort the Firefighters were going to provide to completing the improvements. M/S/P DeLapp/Johnston—to award the bid to Volk Contracting in the amount of $8,250.00 for the painting and floor upgrade at Fire Station No. 2. (Motion passed 4-0) Following the motion and vote, the Fire Chief asked for clarification if that included authority for the Fire Department to buy the materials necessary to build the dayroom. It was suggested that it was included in the motion. 8. CITY ENGINEER'S REPORT: A. Water Tower Paint Color(verbal): City Engineer Prew requested confirmation from Council regarding the color of the new water tower,bowl, and the lettering. He recommended the bowl color be off-white,to match the pedestal,with maroon lettering to match the Public Works building. Council discussed the various color options. Suggestions included trying to blend the tank into the landscape,the possibility of no lettering on the tower, and asking the community to propose what words/logos (if any) should be on the tank. M/S/P Smith/Johnston—to paint the water tower base and bowl off-white,with burgundy lettering,per the City Engineer's recommendation. (Motion passed 3-1:DeLapp, too plain) B. 28'�' Street Petition.for Street Improvement(verbal): The City received a petition,dated August 24, 2006,signed by the residents on 281h Street,requesting the street be upgraded from gravel to blacktop. Resident Robert Schumacher,9155 28`h Street, spoke in favor of the upgrade as the streets are being dug up for the water main project. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5,2006 7 . . ...__ .. _.... .. APPROVED AS AMENDED SEPTEMBER 19, 2006 Resident Jim Petersen, 2751 Jamley Avenue North, agreed that the upgrade should be done now. Delaying the road upgrade would not be cost effective. Resident Jim Palecek, 2798 Jamley Avenue North, spoke against the road upgrade. He does not want to be assessed for it just because part of his property abuts 28 h Street. City Engineer Prew requested direction from Council regarding the upgrading of 281h Street, south of the end of Jamley Avenue. M/S/P Conlin/Smith—to direct the City Engineer to prepare a Feasibility Report, and to include the cost of a City standard street and with an alternative of an 18' wide road with a 6" gravel base, and bring back to the September 19, 2006, Council meeting. (Motion passed 4-0) C. Northern Water Main Extension Easement Update (Handout at Meeting Moved to Closed Session D. Tablyn Park/Lake Elmo Heights Water System Update (verbal): City Engineer Prew stated that two-thirds of the water main was in place. He reported that approximately 25 property owners have not as yet responded to letters regarding connection to their homes, and that extra crews had arrived to assist with this project as work is slightly behind schedule. The City Engineer provided a handout indicating the timeline being followed by TKDA and the Contractor, with a copy of the timeline and letter to be mailed to the residents this week. Resident George Heller, 8644 27a' Street North, requesting clarification of the decision regarding whether open trenching or directional drilling is used for the service lines from the main to the home. The City Engineer explained that individual site circumstances determined the type of service line installation used—such as service line length, in place landscaping and existing trees. 9. PL_A NNING. LAND USE & ZONING: A. Resolution No. 2006-092: Zonis¢Variance; Richard and Eileen Bergmann: The City Planner reported that the Planning Commission recommended approval of a zoning variance to allow a second accessory structure on an RR zoned parcel. Here a barn structure is on an adjoining tax parcel,but was a part of the original homestead parcel. The applicant requests a variance to permit the barn to be detached from the adjacent parcel and added to the homestead parcel where an accessory structure is already in place. A major condition would be legally combining the additional 1.33 acres including the barn to the property with the homesteaded property. Council Member DeLapp observed that if both parcels are owned by the same party, and one is non-conforming by area(as is the homestead parcel),the Code requires the parcels be combined and divided such that both are conforming in area— 10 acres in this case. He said he believes that Richard and Eileen Bergmann own both parcels so a condition of the variance should be that the homestead parcel be enlarged to at least 10 acres. LADE ELMO CITY COUNCIL MINUTES SEPTEMBER 5,2006 8 APPROVED AS AMENDED SEPTEMBER 19, 2006 The City Planner advised that while this is true,it has been his understanding that the homestead parcel was conveyed to a Bergmann son. Richard Bergmann advised the Council that the homestead parcel was to be his son's, and that his son could not afford to purchase a full 10 acres—only the 1.33 acres needed to place the barn on the homestead parcel. Council Member Smith is concerned with the number and size of buildings on a 6.33 acre site and also has concerns with the question of hardship. M/S/P Johnston/DeLapp—to adopt Resolution No.2006-092, a�proving a zoning variance for Richard and Eileen Bergmann located at 11459 60 Street North,based on the reasons expressed in the Resolution. (Motion passed 4-0) B. Apostolic Church Site: Resolution No. 2006-093: Comp Plan Amendment-, Ordinance No. 97-178: Rezoning M/S/P Johnston/DeLapp—to table this item until the September 19, 2006, Council meeting when a full City Council will be in attendance. (Motion passed 4-0) C. Status of Village Plan(verbal): The City Planner reported that the Village Area Planning Team was under way with Phase 2 work following a lengthy contract preparation experience. He noted that meetings had already been held with the Allied Property Owners and City Staff, and that additional meetings are scheduled over the next several weeks with MPCA(treated TCE water discharge),MnDOT/Washington County(Highway 5 modifications) and the Allied Property Owners (clarification of the"Incentive Fund" components and,thereafter, specific unit count determination.) He also advised that the City Engineer has been requested to provide updated data regarding surface water(from that produced for the Thorbeck Plan), and to begin preliminary design of the sanitary sewer system. D. Metropolitan Ai Tort Compai ssion—Lake Elmo Airport 2025 Plan: The City Administrator, City Planner,Assistant Planner,and representatives from Baytown Township and West Lakeland Township attended at meeting with MAC staff and its consultants to discuss the Lake Elmo Airport Long Term•(2025)Comprehensive Plan Update now underway. MAC presented three draft alternative airport development concepts for inclusion of the 2025 updated place, and has requested comments from the City on the draft alternative airport development options. He noted that the local government representatives at the meeting agreed that a fourth alternative be"no further development at the airport." Council directed Staff to send a letter to MAC stating Lake Elmo City Council support of the fourth alternative—that being no farther development at the Lake Elmo Airport (runways or hangers) and it conflicts with the Old Village Plan. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER S,2006 9 APPROVED AS AMENDED SEPTEMBER 19, 2006 E. Xcel Fly Ash Landfill Siting_ The City Planner stated that Xcel is preparing a voluntary Environmental Impact Statement for a fly ash fill in West Lakeland Township. The first step in that process is the preparation of a Scoping Environmental Assessment Workshop(SEAW). Mayor Johnston stated that as a result of the ground water contamination issues in Lake Elmo, which could also result from the fly ash fill, it is recommended that the City support any efforts with West Lakeland Township to defeat the Xcel efforts to place the land fill in their township, as they are in a leadership position. Council Member DeLapp questioned what zoning authority the County and the Township have respectively regarding a use like this. The City Planner reported that West Lakeland Township has the authority, along with the County,to regulate land fills but Xcel's strategy is to process their fly ash project permitting as a mine reclamation CUP amendment through the County(which has authority regarding the mining CUP covering the proposed site)instead to avoid dealing with a township that is clearly opposed to the project. T'ne County would have to amend its mining regulations to include a fly ash landfill as a permissible mine reclamation strategy. He stated that.the SEAW pretty clearly spell out that Xcel strategy, in apparent belief that the County Board would support what the township would not. The City Planner stated that Staff is requesting direction regarding if the City desires to comment to MPCA/ECO regarding the SEAW City Council directed the City Planner to pursue a response to the SEAW and present alternatives or beneficial use of fly ash. F. METC Update: Council Member DeLapp requested clarification regarding the delay in meeting with the METC. He noted that the Council had agreed two months ago to set up a meeting once some issue had been resolved. He couldn't recall the issue. Council Member DeLapp said he has heard nothing about a meeting since then. Mayor Johnston stated that the City would meet with METC only when a constructive agenda was developed. The City is still working on the zoning issues, and it is not yet ready. Council Member DeLapp reminded Council that a vote was taken two months ago,that the City would meet with METC. It has not yet occurred and he asked what the delay was for. Council Member Conlin reminded Council Member DeLapp that the City voted to meet with the METC,but would not go into the meeting without a set agenda. She also remembered that Mr. Georgecas would be setting the meeting. LAKE ELMO CITE'COUNCIL MINUTES SEP'TEMBER 5,2006 10 APPROVE®AS AMENDED SEPTEMBER 19, 2006 M/S/P Johnston/Smith—to place the MET meeting on the September 13, 2006, Council Workshop and discuss the Agenda for the meeting. (Motion passed 4-0) 10. CITY ATTORNEY'S REPORT: A. Ziertman/Sessin¢Update: (verb a]) Moved to Closed Session 11. CITY ADMINISTRATOR'S REPORT: A. City Administrator Rafferty: None 12. CITY COUNCIL REPORTS: A. Mayor Johnston reported that he attended the Rasmussen Business College Groundbreaking, and presented the ceremonial shovel to the City Administrator for use at the Public Works building. Mayor Johnston also requested clarification of the Lights Out Policy regarding the VFW Field and policy of providing a port-a-potty at Carriage Station Park. He also provided an update from his AMM meeting regarding METC penalties imposed on Lake Elmo with the extension of the Comprehensive Plan submission. Reminder that filing dates are open until September 12,2006, at 5:00 p.m. B. Council Member Conlin: None C. Council Member DeLapp: The comments from the members of the AMM committee regarding the METC penalties to Labe Elmo gave him hope that other cities may finally be realizing how difficult METC can be on cities that do not abide by METC dictates. D. Council Member Smith: None REMI DERS: September 12, 2006: Primary Election—Polls Open 7 AM—8 PM September 13, 2006: City Council Workshop—6 PM- 8:30 PM September 14, 2006: Community Open House on Groundwater Contamination— OakLand Junior High School September 16, 2006: Open House at New Public Works—9 AM—Noon Meeting ended at 11:50 pm CLOSED SESSION: Northern Water Main Extension Update LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5,2006 11 APPROVED AS AMENDED SEPTEMBER 19, 2006 Resolution No. 2006-087: Approved Claims Resolution No. 2006-088. Proposed Tax 2006 Tax Levy, Collectible in 2007 and Proposed 2007 Budget Resolution No. 2006-089: Approved Setting the Truth In Taxation Public Hearing Dates for 2006 Tax Levy Resolution No. 2006-090: Ordered Assessment Hearing for Water System Interconnect Phase N Project Resolution No. 2006-091: Awarded Bid for 2006 MSA Resurfacing to Tower Asphalt, Inc. Resolution No. 2006-092: Approved Zoning Variance for Richard &Eileen Bergman located at 11459 60'h Street North Resolution No. 2006-094: Congratulating Lake Elmo Bank for its 95`h Anniversary Resolution.No. 2006-095: Approved Partial Payment No. 2 to Park Construction Company for Tablyn Park/Lake Elmo Heights Water Main LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5,2006 12 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-101 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 350, 351, DD910 through DD923, 29733 through 29745, were used for Staff Payroll dated September 28`h, 2006; 352, 29746 through 29797, in the total amount of$818,448.30 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 3`d day of October, 2006. Dean A. Johnston Mayor ATTEST: Martin J. Rafferty City Administrator CD CD coo ww z Q m "D � C o c CI c CD N n O O E y IJ I.rvy CD C =, ='o r o o o CD �. 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A U rraUUV OwU cGr� U f� UVUU vaUwa0. 0 v� CQU v� AU tnw �3 A O ��� � v�i� o�oo6ioo�o � � o cn oo a a4 GooQ onv L1ni �� c � `or- o� U •p �� ;� � M .a T000000 •oUAA '� cao 'b �Oo •o � �„ >o � > a. > a > 000 > 0000 > N > o >o E ao as z z z z V M O h O V'i 00 00 00 en U � m ;4 � o � N = 'OOQ T N W 00 N t'n t'n P7 v' N 0 400 N � MMM d Va U � vo Voao c� w �s A G O P Q O O O O O O Cl O a -- w D, r o 0 o c oc Dorn v V) r'1 00 Ql CV '7 N N N ^" %D .W. o p„ CD 3 � � O C 'a O —cd aLi 'co v o CD va a DCN�M v r � a a at- ooM CD F' p U %nmtn p N wl N O > o > tnWn 'n CITY OF LA:KF BLMO 2006 BILLING SUMMARY MONTH 11135 11140 11145 11150 11155 11161 TOTAL Administration Criminal Pros Public imp.Prof Community©ev Civil Litigation Auto Forfeiture Jan $2,381.27 $3,516.24 $363.00 $1,821.52 $135.00 $8,217.03 Feb $1,364.70 $4,574.62 $572.96 $616.00 $1,997.00 $5.00 $9,130.28 March $1,160.50 $3,682.65 $3,301.50 $381.50 $280.75 $243.00 $9,049.90 April $1,921.11 $3,948.44 $1,887.50 $331.61 $486.00 $121.50 $8,696.16 May $2,186.56 $3,406.51 $586.00 $228.65 $1,768.38 $148.50 $8,324.60 June $1,638.59 $4,415.02 $1,089.03 $429.00 $2,933.28 $780.00 $11,284.92 July $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 Sept $0.00 Oct $0. Nov $0.00 Dec $0.00 Totals $16,258.46 $31,855.96 $13,723.55 $2,977.40 $16,896.91 $1,834.18 $83,546.46 1 9/14/2006 Suite 300 NTERSCN P (65I)291-M5 50East Fifth Street (651)228-1753 facsimile St.Paul,MN 55101-1197 FRW. B RGMAN -Federal Tax II 441-0941098 Page: 1 CITY OF LAKE ELMO 08/31/2006 3800 Laverne Avenue North ACCOUNT NO. 11135M Lake Elmo MN 55042 FEES EXPENSES ADVANCES BALANCE 11135-030006 REVISION OF ZONING REGULATIONS 143.00 0.00 0.00 $143.00 11135-050007 VILLAGE AREA CONSULTING- AGREEMENT - ENGSTROM 165.00 0.00 0.00 $165.00 11135-060003 BERGMANN TEMPORARY WATERMAIN EASEMENTS 759.00 0.00 0.00 $759.00 11135-060004 HAMLET ON SUNFISH LK WASTEWATER TREATMENT SYS AGMT 253.00 0.00 0.00 $253.00 11135-060005 CIMMERON-SUNRAY PLUMBING CONTRACT 121.00 0.00 0.00 $121.00 11135-060006 HURT WATER WASTE TREATMENT SYSTEM 242.00 6.74 10.00 $258.74 11135-920001 Administration 1,914.00 8.03 0.00 $1, 922.03 3,597.00 14.77 10.00 $3, 621.77 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIED AFTER THEE AST DAY OF THE MONTH WILL BE CREDITED TO THE 1 EXr MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT " Suite 300 P`` ERGMAN 4 . (651)291-8955 50 East Fifth Street �� (651)7-28-1753 facsimile St Pahl,MN 5510I-1 E97 , Federal Tax JD#41-0991098 Page: 1 C_TTY OF LAKE ELMO 08/31/2006 3800 Laverne Avenue North ACCOUNT NO. 11140M . Lake Elmo MN 55042 FEES EXPENSES ADVANCES BALANCE 11140-030001 Misc Prosecutions 3,865.00 24.61 0.00 $3,889-61 11140-060004 Belz, David George DAR 27.00 0.00 0.00 $27.00 11140-060069 Combs, Robert Wayne no proof of insurance 5.00 0.00 0.00 $5.00 11140-060102 Favors, Aaron Rodney DAS, no proof of insurance 30.00 0. 00 0.00 $30.00 11140-060106 McKinley; Diane Lee Violate OFP . 5.00 0.00 0.00 $5.00 11140-060149 Morreale, Jay Benjamin 3rd degree DUI 10.00 0.00 0.00 $10.00 11140-060154 Bush, Joseph Patrick Violate OFP 5.00 0.00 0.00 $5.00 11140-060158 Zabel, Jason Matthew 4th degree DUI, 4th degree .08 30.00 0.00 0.00 $30.00 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 MONTIH'S STATEMENT. Suite {651)291 8955 50 Eastt F Fifth Street (651122&1753 facsimile St.Paul,MN 55101-I 197 BER.,GMANFederal Tax ID#4 1-099 1 098 4 4 4 4 CITY OF LAKE ELMO Page: 2 08/31/2006 ACCOUNT NO. 1114OM FEES EXPENSES ADVANCES BALANCE 11140-060173 McKinley, Diane Lee theft of services 5.00 0.00 0.00 $5.00 . 11140-060174 Gausman, Keith A. 3rd degree DUI, over center line 10. 00 0.00 0.00 $10.00 11140-060175 Skarda, Bryant L. BidI 57.50 0.00 0.00 $57 . 50 11140-060176 Velasquez, Jaime 3rd degree DUI, 3rd degree .08 92.50 0.00 0.00 892.50 11140-060177 Hanson, Michael Ross 2nd degree DUI, 2nd degree .08, no proof of insurance 92.50 0.00 0.00 $92.50 11140-060178 Moua, Chong Bee Speed 10.00 0.00 0.00 $10. 00 4,244.50 24. 61 0.00 $4,269.11 THIS STATEMENT IS DUE AND PAYABLE TD THE END OF THE MONTH. PAVMBNTS REEENED AFTER THE LAST DAY g ©F TH 9i7 QE MONTH ILL BE REDFr)ED TO THE NEXT,1�I ONT`H'S STATEMIMT. �`PLEASE REURN ONE COPY OF STATEMENT N WITH PAYMENT. Suite 300 (651)291-8955 50East Fifth Sheet (651)228-1753 facsimile St.Paul,MN 55101-1197 F�MC7.1RERGMA Federal taxlD 041-0991098 Page: 1 CITY OF LAKE ELMO 08/31/2006 3800 LAVERNE AVENUE NORTH ACCOUNT N0. 11145M LAKE ELMO MN 55042 FEES EXPENSES ADVANCES BALANCE 11145-040003 WATER SYSTEMS CONNECTION 541.50 0.00 0.00 $541.50 11145-050001 PUBLIC WORKS BUILDING 1,468.50 0.00 0.00 $1,468.50 11145-050002 CENTRAL WATER TOWER 44.00 0.00 0.00 $44.00 11145-060001 TABYLN PARK-LE HEIGHTS WATER CONNECTION 2, 605.00 11.56 0.00 $2, 616.56 4, 659.00 11.56 0.00 $4,670.56 TUM STATEMENT IS DUE AND PALE TO THE END OF THE MONTK- PAYMENTS REEErIMM AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MO11T'l WS STATEMENM PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Saite 300 P (651)291-8955 50 Fost Fifth Street (651)228-1753 facsimile St Paul,Mid 55101.1197 Federal Tax ID#41.099I098 B B $ B Page: 1 CITY OF LAKE ELMO 08/31/2006 3800 LAVERNE AVENUE NORTH ACCOUNT NO. 11150M LAKE ELMO MN 55042 FEES EXPENSES ADVANCES BALANCE 11150-050007 LAKE ELMO DEVELOPMENT CORPORATION - OP 33.00 0.00 0.00 $33.00 11150-060010 BERGMANN LOT LINE ADJUSTMENT-VARI_ANCE 242.00 0.00 0.00 $242.00 ok 11150--060011 EAGLE. POINT BUSINESS PARK 6TH ADDITION 77.00 0.00 0.00 $77.00 352.00 0.00 0.00 $352.00 THIS STA'E1EN11=NT IS DUE AM PA"BLE TO THE END OF THE MONTH. PAYMENTS RECEIIED AFTER THE LAST DAY OF THE MONTH WILL RE eREDI'TED TO THE NEST MONTHS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. s T st*e 300 (6511291-8955 50East Fifth Street (651)228-1753 facsimile St:Paul,MN 55101.1197 Federal Tax 10#41-094109& • e � e Page: i CITY OF LAKE EL-MO 08/31/2006 3800 Laverne Avenue North ACCOUNT NO. 11155M Fake Elmo MN 55042 FEES EXPENSES ADVANCES BALANCE 11155-040002 Lake Elmo v. Sessing 4, 926.00 29.53 104.95 $5,060.48 11155-920001 Oakdale vs. Minn. DOT et al. 0.00 0.00 0.00 $0.00 4, 926.00 29.53 104.95 $5,060.48 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MON4'M- PAxMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WIL$.BE CREDITED TO THE NEXT MONTHS YTATEMJ NT- F LEASE RETURN ONE COPY OF STATEMENT T WITH PAYMENT. —FF ERSON Suite 300 ) , (65 i)291-8955 50 East Fifth Street y E GUAa (651)228-1753 facsimile St St.Paul,MN 55i01-IE97 •Federai TaxiD#4I-090-099EQ98 Page: 1 CITY OF LAKE ELMO 08/31/2006 3800 LAVERNE AVENUE NORTH ACCOUNT NO. 1116114 LAKE ELMO MN 55042 FEES EXPENSES ADVANCES BALANCE 11161-060003 Olson, Michael John vehicle forfeiture 137.50 1.18 0.00 $138. 68 7E'19(IS STATEMENT IS DOE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE L",r DAY OF THE MONTH WILL BE CHED][TED TO THE NEXT MONTHS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT- B, 1500 Piper Jaff ray Plaza TKDA 444 Cedar Saint Paul, Saint MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com Proj. No. 13524.000 Cert. No. 3 St. Paul, MN, September 29 120 06 To City of Lake Elmo. Minnesota Owner This Certifies that Park Construction Co. , Contractor For Tablyn Park/Lake Elmo Heights Watermain Is entitled to Four Hundred Seventy Two Thousand Five Hundred Seventy-One Dollars and 77/100-($472.571.77) being 3rd estimate for partial payment on contract with you dated June 6 2006 Received payment in full of above Certificate. TKDA Park Construction Co. 520 06 Thomas D. Prew, P.E. RECAPITULATION OF ACCOUNT CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 3,143,640.78 All previous payments $ 1.164.591.64 All previous credits Extra No. Credit No. $ AMOUNT OF THIS CERTIFICATE $ 472.571.77 Totals $ 3,143,640.78 $ 1,637,163.41 $ Credit Balance $ There will remain unpaid on contract after $ 1,506,477.37 payment of this Certificate $ 3,143,640.78 $ 3.5143,640.78 $ - An Employee Owned Company Promoting Affirmative Action and Equal Opportunity CITY OF LAKE ELMO WASHINGTON COUNTY, Al2NNESOTA RESOLUTION NO. 2006-102 A RESOLUTION APPROVING PARTIAL PAYMENT NO, 3 TO PARK CONSTRUCTION COMPANY FOR TABLYN PARK/LAKE ELMO HEIGHTS WATER MAIN BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 3 to Park Construction Company in the amount of$472,571.77 for work improvements for the Tablyn Park/Lake Elmo Heights Water Main, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 3rd day of October, 2006. Dean A. Johnston,Mayor ATTEST: Martin J. Rafferty, City Administrator TKDA Engineers-Architects-Planners PERIODICALS.ESTIMATE FOR PAR,rIAL PAYMENlTTS Estimate No. 3 Period Ending September 22 ,20 06 Page l of 1 Proj.No. 13524.000 Contractor Park Construction Co. Original Contract Amount 3,143,640.78 Project Tablyn Park/Lake Elmo Heights Watermain Location Lake Elmo.Minnesota Total Contract Work Completed $ 1,673,329,91 Material Stored to Date $ 50,000.00 Total Approved Extra Work Completed $ 0.00 Approved Extra Orders Amount Completed $ 0.00 Total Amount Earned This Estimate $ 1,723,329.91 Less Approved Credits $ 0,00 Less 5 %Retained $ 86,166.50 Less Previous Payments $ 1,164,591.64 Total Deductions $ 1,2507758.14 Amount Due This Estimate $ 472,571.77 Contractor Date Park Construction Co. Engineer Date September 29,2006, Thomas D.Prew,P.E. ESTIMATE NO.3 PERIOD ENDING: September 22,2006 TABLYN PARK(LAKE ELMO HEIGHTS WATERMAIN CITY OF LAKE ELMO,MINNESOTA TKDA PROJECT NO. 13524.000 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE GENERAL 1 Mobilization LS 1.0 0.50 $ 169,276.00 $ 84,538.00 2 Traffic Control LS 1.0 0.50 $ 4,550.98 $ 2,275.49 3 Remove concrete Curb&Gutter LF 20.0 $ - $ 14.07 $ 4 Salvage RC Sewer Pipe LF 80.0 $ - $ 21.22 $ Remove&Patch Bituminous Roadway 4"thick include Gravel 5 Base SY 3666.0 $ - $ 25.07 $ Reclaim&Stockpile Bituminous&Base(6"depth)& 6 Respread SY 17979.0 $ 17,979.00 $ 3.74 $ 67,241.46 7 Remove&Replace Bituminous Driveway 2"thick Gravel Base SY 129.0 $ - $ 46.86 $ - 8 Saw Cut Concrete(full Depth)[Driveway LF 11.0 $ - $ 10,99 $ - 9 Saw Cut Bituminous(full depth)Patches and Driveways LF 5369.0 $ 52.00 $ 1.45 $ 75.40 10 Topsoil Borrow CY 2341.0 $ - $ 30.80 $ - 11 Aggregate Surfacing,CL 5(6"thick) TN 1106.0 $ - $ 11.71 $ - 12 Remove&Replace Concrete Driveway 6"Thick Base SY 4.0 $ - $ 64.21 $ - 13 Install Salvaged 12"RCP,01.5 Storm Sewer LF 40.0 $ - $ 42.44 $ - 14 Install Salvaged 18"RCP, CI.5 Strom Sewer LF 20.0 $ - $ 42.44 $ - 15 Install Salvaged 24"RCP, CI.4 Storm Sewer LF 20.0 $ - $ 42.44 $ - 16 Connect to Existing Watermain EA 5.0 $ 5.00 $ 1,937.56 $ 9,687.80 17 6"Gate Valve&Box EA 47.0 44.00 $ 1,081.76 $ 47,59T44 18 8"Gate Valve&Box EA 28.0 28.00 $ 1,477.29 $ 41,364.12 19 12"Butterfly Valve&Box EA 5.0 $ 3.00 $ 1,850.36 $ 5,551.08 20 16"Butterfly Valve&Box EA 5.0 $ 5.00 $ 2,809.13 $ 14,045.65 21 Hydrant EA 47.0 44.00 $ 3,315.91 $ 145,900.04 22 Hydrant Extension(6") EA 5.0 $ - $ 587.34 $ - 23 Hydrant Extension(12") EA 5.0 $ - $ 758.80 $ - 24 Fusable Saddle w/1"Corporation Stop EA 79.0 $ - $ 1,835.49 $ - 25 1"Corporation Stop EA 84.0 $ 12.00 $ 413.05 $ 4,956.60 26 Fusable Saddle w1115"Corporation Stop .EA 15.0 $ - $ 1,933.36 $ - 27 1.5"Corporation Stop EA 4.0 $ - $ 501.23 $ - 28 1"Curb Stop&Box EA 163.0 $ 12.00 $ 481.85 $ 5,782.20 29 1.5"Curb Stop&Box EA 19.0 $ - $ 541.66 $ - 30 6"DIP, cl_50 Watermain LF 730.0 643.00 $ 18.53 $ 11,914.79 31 8"DIP, 6.50 Watermain LF 7553.0 7225.00 $ 21.88 $ 158,083.00 32 8"HDPE Watemain-DR17 DIP Size(by directional drilling) LF 10603.0 10773.00 $ 31.16 $ 335,686.68 33 12"DIP,cl.50 Watermain LF 133.0 $ 57.00 $ 38.70 $ 2,205.90 34 12"HOPE Watermain-DR17 DIP Size(by directional drilling) LF 5117.0 $ 4,933.00 $ 48.86 $ 241,026.38 35 12"MJDIP, c1.50 Watermain (through casing pipe) LF 170.0 $ - $ 40.58 $ - 36 16"DIP,cl.50 Watermain LF 68.0 258.00 $ 52.68 $ 13,591.44 37 16"HOPE Watermain-DR17 DIP Size(by directional drilling) LF 5195.0 4808 $ 70.09 $ 336,992.72 38 1"Type HOPE DR11 Water Service(directional drilling) LF 14391.0 $ - $ 10.74 $ - 39 1"Type"K"Copper Water Service(open cut) LF 2438.0 $ 862.00 $ 24.74 $ 21,325.88 40 1.5"Type HOPE DR11 Water Service(directional drilling) LF 5983.0 $ - $ 11.07 $ - 41 1.5"Type"K"Copper Water Service(open cut) LF 120.0 $ - $ 26.71 $ - 42 Jack/Auger 24"Steil Casing Pipe LF 150.0 $ - $ 175.70 $ - 43 DIP Watermain Fittings(C 110 Standard) LB 14354.0 14978.00 $ T01 $ 104,995.78 44 Remove&Replace Concrete Sidewalk 4"thick SF 73.0 $ - $ 6.87 $ - 45 Concrete Curb&Gutter(match existing) LF 20.0 $ - $ 45.51 $ - 46 Concrete Curb&Gutter D412 LF 300.0 $ - $ 19.22 $ - 47 Core Drill Basement Foundation Wall&Seal EA 181.0 $ 10.00 $ 1,024.95 $ 10,249.50 48 Shrub(potted)24"(match existing) EA 10.0 $ - $ 85.96 $ - 49 Salvage Shrub(transplant) EA 10.0 $ - $ 85.96 $ - 50 Silt Fence LF 600.0 892.00 $ 2.78 $ 2,479.76 51 Sodding,Type Lawn SY 13706.0 $ - $ 2.06 $ - 52 Common Laborer(for misc.landscape work) MAN HF 80.0 $ - $ 72.98 $ - 53 Seed&Wood Fiber Blanket AC 1.0 $ - $ 7,342,24 $ - 54 Landscape Rock(match existing) CY 50.0 $ - $ 55.62 $ - 55 Off Road Structure Marker EA 12.0 $ - $ 101.13 $ - SUBTOTAL-GENERAL $ 1,667,667.11 1 ESTIMATE NO.3 PERIOD ENDING: September 22,2006 TABLYN PARKILAKE ELMO HEIGHTS WATERMAIN CITY OF LAKE ELMO,MINNESOTA TKDA PROJECT NO, 13524,000 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE TABLYN PARK(STREET WORK) 1 Common Excavation CY 1978.0 264.0 $ 21.45 $ 5,662.80 2 Aggregate Base cl.5 TN 1198.0 - $ 11.39 $ - 3 Type LV-4 Bituminous Non-Wear Course Mixture TN 1862.0 - $ 52.44 $ - 4 Type LV-4 Bituminous Wear Course Mixture TN 178D.0 $ 58.25 $ _ 5 Bituminous Materal for Tack Coat GA 899.0 - $ 2.68 $ - 6 Adjust MH Casting&Replace Casting&Rings EA 1.0 - $ 366.51 $ - 7 Repair Catch Basin, Replace Casting&Rings EA 6.0 - $ 640.36 $ - 8 Bituminous Driveway Apron(2")(new) SY 241.0 - $ 49.21 $ - 9 Remove&Replace Bituminous Driveway 2"Thick&Gravel Base SY 477.0 - $ 51.76 $ 10 Remove&Replace Concrete Driveway 6"Thick&Base SY 249.0 - $ 70.97 $ - 11 Saw Cut Bituminous(full depth)Driveways LF 832.0 - $ 1.60 $ - 12 Saw Cut Concrete(full depth)Driveways LF 431.0 - $ 4.55 $ - 13 Saw&Seal Street(40'intervals) LF 3695.0 - $ 1.44 $ - SUBTOTAL-TABLYN PARK(STREET) $ " 5,662.80 TOTAL ESTIMATE NO.3 $ 1,673,329.91 MATERIAL STORED TO DATE LS 1.0 0.1400 $ 300,000.00 $ 50,000.00 $ 1,723,329.91 2 4-tc TKDA 1500 Piper y Plaza 444 Cedar Street Saint Paul,MN 55101-2140 ENGINEERS-ARCHITECTS•PLANNERS (651)292-4400 (651)292.0083 Fax www.tkda.com Project. No. 13253.000 Cert. No. 7 St.Paul,MN, September 28 120 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 Nine Thousand Three Hundred Forty Six Dollars and 43/100-- ($109,346.43) being 7th estimate for partial payment on contract with you dated October 18 2005 Received payment in full of above Certificate. TKDA CB&I Constructors, Inc. , 20 Chris W. Bryan, P.E. RECAPITULATION OF ACCOUNT CONTRACT PAYMENTS Contract price plus e?dras 1,169,000.00 Total Contract Work Completed 1,035,180.00 Change Order No. 1 R 3,275.00 Credit No. Stored Materials Total Arnount Earned This Fstirnate 1,035,180.00 Less 5 %Retained (51,759.00 Escrow Deposits and Interest by Contractor Less Previous Payments 874,074.57 Total Deductions (925,833.57 AMOUNT OF THIS CERTIFICATE 109,346.43 Totals 1,172,275.00 983,421.00 There will remain unpaid on contract after payment of this Certificate 188,854.00 1,172,275.00 1,172275.00 An Employee Owned Company Promoting Affirmative Action and Equal Opportunity CITY OF LADE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-103 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 7 TO CB & I CONSTRUCTORS, INC. BE IT RESOLVED,that the Lake Elmo City Council hereby approves Partial Payment No. 7 to CB &I Constructors, Inc., in the amount of$109,346.43 for work improvements for the Elevated Water Storage Tank No_ 2, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 3rd day of October, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator J CB&I Constructors, Inc. INVOICE 9550 Hickman Road Correspondence Address CP"ive,IA 50325-6316 PROJECT MANAGER BILLER GOmwACr NUMBER CUSTOMER NO PAYAPPUCAUON INVOICE PATE NV DUE RATE IOICE NO f DAB JMN 37150791 1249422 7 9126/2006 1 10/26/2006 150791-07 CUSTOMER REFERENCE NUMBERS ardor PURCHASE NUMBERS JOB LOCATION PAYMENTTERMS Pro act#13253.000 Lake Elmo,MN NET 30 MAIL TO SOLO TO TKDA City of Lake Elmo 1500 Piper Jaffray Plaza 3800 Laverne Ave.North 444 Cedar Street Lake Elmo,MN. 55042 St.Paul,MN, 55101 Attn:Chris Bryan 760 MG CET 1114'TCL Original Contract Price $1,169,000.00 Total Contract Price $0.00 $1,169,000.00 DESCRIPTION PRICE %COMPLETE AMOUINT DUE Engineering/Foundation Drawings to Approval,Bonds/insurance $48,750,00 100% 48,750.00 Tank&Shaft Drwngs to Approvaladg.Permit $43,500.00 100% 43,500.00 Tank Material Delivery $160,000.00 100% 160,000.00 Tank Foundation I Piping $160,000.00 1000/0 160,000.00 Derrick/Access Tube Fabrication&Erection $40,000.00 100% 40,000.00 Concrete Shaft $205,000.00 100% 205,000.00 Ring Beam Fabrication&Erection/Flat Slab $105,000.00 100% 105,000.00 Tank Fabrication $85,000.00 100% 85,000.00 Tank Erection/Structural 2nd Floor Erection $180,730.00 100% 180,730.00 Tank Painting $72,000.00 10% 7,200.00 Tank Disinfection $1,000.00 0% 0.00 Electrical/Telemetry/Heater $45,020.00 0% 0.00 Pour 1 st&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 1,035,180.00 Progress Completed To Date $1,035,180.00 Less: Retention 5% $51,759.00 Total Amount Billed To Date $983,421.00 Less: Amount Previously Invoiced $874,074.57 CURRENT AMOUNT DUE $109,346A3 Payments-Reclular Mail Carrier Deliverer 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 i=eldwood Road 026009593(Wres only) College Park, GA 30349 Account Number: 3756272668 Account Name: CB&I Constructors, Inc. DIRECT QUESTIONS REGARDING: INVOICE BILLING: Joanne Nealon,AIR Administrator,Ph.615-254-9505 email:jnealon@CBI.com INVOICE PAYMENT: Gayla Zenz,Credit Manager,Ph.616-254-9502 email: gzenz@CBI.com co ado ao a p r us p to cif a LU ts 4 z $ try 11� V ID a o U o VO CP G 4 t ti N a z d! g U as vu Z m m c= c ca in Cv o 13- t3 O w °ya �° !'. ui , Q 0. t- Q m U 05 mS a 0 0) 7. v ° c zg �i+ Yn o aC � >yjzzu = d � zrc"s U ' en U O fist C3 � CG � � � '� ° 't � � Z oj °u3► a`�. c�s� � � ,t z � d' � rd us 10 vu m `m o ca U y 2 tZL1 O OO�j dr- ""► ti' �' �s p��„ 7' � � O c� � t r 4 o "rm a 3 v « v 41 up1 0 U U. 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LIIto � do = mtuweo oS chi o !L! Q }- F � L1U � f- F- l- F- t13i1LL O 0 _ QUl NC7 "� ci7tD f� COtA QTT rr QS V C Q F ;j CB&I Constructors, Inc. ' 9550 HICKMAN ROAD # CLIVE,IOWA 60326-5316 I 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 1114'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 y109,34GA3 for the following Invoice{s). Date Invoice Number Amount Sep-2$-06 150791-07 $$109,346-43 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 us on prior or subsequent invoice(s). Executed this 26th day of Se tember,2006 By: i AIR Administra or , CB&I Constructors,Inc. Subscribed and sworn to before me this 26th day of September,2006 n By: ry Public GAYLA L.ZENZ Commission Number 713888 My Commissio�ires . ow Deo,3,20 TKDA 444 Piper Plaza — 444 Cedar Street Saint Paul,MN 55101-2140 ENGINEERS-ARCHITECTS-PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com Proj. No. 13186.000.003 Cert. No. 3 St. Paul, MN, September 28, , 20 06 To City of Lake Elmo Minnesota Owner This Certifies that G.M. Contracting, Inc Contractor For Water System Interconnect- Phase II Is entitled to Eighteen Thousand Four Hundred Forty-Eight Dollars and 33/100 ----------------------{S 18,448.33) FINAL being 3rd estimate for t.aftia4 payment on contract with you dated June 7 2005 Received payment in full of above Certificate. TKDA G.M. Contracting, Inc. , 20 Thomas D. Prew, P.E. RECAPITULATION OF ACCOUNT CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus e)dras $ 359,049.86 All previous payments $ 350,518.21 All previous credits Extra No. Credit No. $ - Compensating Change Order No. 1 $ 9,916.68 AMOUNT OF THIS CERTIFICATE 18,448.33 Totals $ 368.966.54 $ 368.966.54 $ - Credit Balance $ - There will remain unpaid on contract after payment ofthis Certificate $ - $ 368,966.54 F§ 368,966.54 --� An Employee Owned Company Promoting Affirmative Action and Equal Opportunity r CITY OF LAKE ELMO WASHINGTON COUNTY, ME- NESOTA RESOLUTION NO. 2006-104 A RESOLUTION APPROVING FINAL PAYMENT TO G.M. CONTRACTING,INC. FOR WATER SYSTEM INTERCONNECT—PHASE II PROJECT BE IT RESOLVED, that the Lake Elmo City Council hereby approves the Final Payment to G. M. Contracting, Inc. in the amount of$18,448.33 as recommended by the City Engineer in his letter dated, September 28, 2006. ADOPTED by the Lake Elmo City Council the 3rd day of October, 2006. Dean A. Johnston, Mayor ATTEST: Martin A. Rafferty, City Administrator CHAIICE ORDER TKDA Engineers-Architects-Planners Compensating Saint Paul, MN September 29 _20 06 Proj.No. 13186.000.003 Change Order No. 1 To G.M. Contracting,Inc. for Water System Interconnect-Phase 11 for Ci of Lake Elmo Minnesota You are hereby directed to make the following change to your contract dated June 7 20 06 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will(increase)(deGFease)(net�)the contract sum by Nine Thousand Nine Hundred Sixteen Dollars and 681100..................................................($ 9916.68 }. COMPENSATING CHANGE ORDER This change order shows the actual quantities installed at the unit price bid amounts(see attached itemization): NET CHANGE= Amount of Original Contract $ 359,049.86 Additions approved to date(Nos. } $ Deductions approved to date(Nos. ) $ Contract amount to date $ 359,049.96 Amo=of this Change Order(Add)(9edue4)(l ie 61 e) $ 9,916.68 Revised Contract Arno= $ 3687966.54 Approved_-_ City of-Lake Elmo_, Minnesota TKDA Owner B\, - By-- Thomas D.Prew,P.E, Approved G.M. Contracting White-Owner Contractor Pink-Contractor Blue-TKDA By _ . ESTIMATE NO.3 PERIOD ENDING: September 28, 2006 WATER SYSTEM INTERCONNECT-PHASE It CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 13186.000.003 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE SANITARY SEWER 1 MOBILIZATION LS 1.0 1.0 $ 5,500.00 $ 5,500.00 2 TRAFFIC CONTROL LS 1.0 1.0 $ 3,652.68 $ 3,652.65 3 RE-MOVE&DISPOSE OF BIT. PAVEMENT SY 700.0 847.0 $ 3.75 $ 3,176.25 4 SAW CUT BIT. PAVEMENT LF 880.0 731.0 $ 1.25 $ 913.75 5 PATCH BIT_ PAVEMENT 4"THICK INCL. GRAVEL BASE SY 700.0 847.0 $ 13.91 $ 11,781.77 6 REMOVE AND REPLACE D412 CURB AND GUTTER LF 200.0 30.0 $ 11.64 $ 349,20 7 SEEDING, INCL. SEED, FERTILIZER&WOOD FIBER BLANKET SY 1,000.0 1,722.0 $ 2.11 $ 3,633.42 8 SODDING TYPE LAWN SY 1,000.0 1,370.0 $ 4.64 $ 6,356.80 9 CONNECT TO EXIST.WATERMAIN EA 2.0 2.0 $ 3,116.04 $ 6,232.08 10 6"DIP CL-52 WATERMAIN LF 60.0 68.0 $ 74.28 $ 5,051.04 11 DIRECT DRILL 16"(DIP)HDPE SDR 17 LF 4,536.0 4,536.0 $ 51.42 $ 233,241.12 12 6" RES. SEAT GATE VALVE&BOX EA 7.0 7.0 $ 1,295.63 $ 9,069.41 13 16"BUTTERFLY VALVE&BOX EA 3.0 3.0 $ 2,736.85 $ 6,210.55 14 6"HYDRANT EXTENSION EA 3.0 - $ 411.97 $ - 15 12"HYDRANT EXTENSION EA 3.0 - $ 451.82 $ - 16 6"HYDRANT(9'-6"BURY) EA 6.0 6.0 $ 4,663.25 $ 27,979.50 17 MJ DIP COMPACT FITTINGS LB 2,000.0 2,384.0 $ 3.65 $ 3,701.60 18 1"TYPE"K"COPPER WATER SERVICE LF 570.0 846.0 $ 16.82 $ 14,229.72 19 FUSABLE SADDLE W/1"CORPORATION STOP EA 17.0 19.0 $ 729.10 $ 13,852.90 20 1"CURB STOP BOX EA 17.0 19.0 $ 370.25 $ 7,034.75 TOTAL ESTIMATE NO.3 $ 368,986.64 TKDA Engineers-Architects-Planners PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS FINAL Estimate No. 3 Period Ending September 28. .20 06 Page 1 of 1 Proj.No. 13186.000.003 Contractor G.M. Contracting Inc. Original Contract Amount S359.049.86 Project Water System Interconnect-Phase II Location City of Lake Elmo.Minnesota Total Contract Work Completed $ 368,966.54 Total Approved Credits $ 0,00 Total Approved Extra Work Completed $ 0.00 Approved Extra Orders Amount Completed $ 0.00 Total Amount Earned This Estimate $ 368,966.54 Less Approved Credits $ _ 0.00_ Less 0 %Retained $ 0.00 Less Previous Payments $ 350,518.21 Total Deductions S 350,518.21 Amount Due This Estimate S 18,448.33 Contractor Date G.M. Contracting, Inc. Engineer Date September 29,2006 Thomas D.Prew, P.E. ( !T � Lake Elmo Agenda Section: Building/Fire/Ivla.intenance No. 7 City Council Oct. 3, 2006 AGENDA 1) Construction activity update for September 2) 9224—31s' (concerns of house moved onto property—Hardy) Background information: Last November (2005)the City Council approved a request by Linda and David Hardy to move the old Fredriech farm house from the south side of 31 st St to their property on the north side of 315t St. A letter of credit was required and the Hardy's were given 12 months to complete all work. At the present time work has not been completed and the structure is an eye sore to the area is the reason for and has been left in an unsafe condition. A citation has been issued. Your determination as to the next step(s)to be taken is the reason for this being on the council agenda tonight. Action Items: Person responsible: Informational. No action needed. J. McNamara Attachments: 1)Summary Building Report for Sept. 2)Hardy background info. Direct Dial#(651)290-6907 September 26, 2006 Marty Rafferty City Administrator City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 RE: Movement of Building onto Hardy Property Our File No.: 1 1 1 35/06001 0 Dear Marty: I have reviewed the following: 1 . Jim McNamara's correspondence of 8/22/06 and 9/7/06; 1. Chuck Dillerud's Memo of 9/20/On; 1. Letter of Credit dated 10/10/05; 1. City Council Resolution 2005-118; and 1. City Code Chapter 1335. Based upon our conversations and the content of the above documents, I would recommend the following actions: 1. The Building Inspector should issue a citation charging the property owner with a violation of Lake Elmo Code 1335.10, Subd. 1. The citation can be issued immediately. 1. This matter can be placed on the next City Council Agenda for a determination by the City Council that the condition of the property constitutes a public nuisance affecting safety (attractive danger and hazardous building). After the City Council makes this determination, a copy of the Resolution and an appropriate letter should be sent to the property owner. If the offending condition is not corrected within five days, the City should take whatever steps are necessary to make the property safe and commence a civil action against the property owner to recover the costs or, in the alternative, specially assess the costs against the property pursuant to Lake Elmo Code Section 1335.13. 1. Notify the Lake Elmo Bank that the unsafe condition exists and that the City will be submitting a draw request on November 2, 2006, if the terms of the City Council Resolution 2005-118 are not satisfied by November 1, 2006. If the City collects on the Letter of Credit, it can then let a construction contract to complete the required improvements and recover the costs from the proceeds of the Letter of Credit. Please send me a copy of any Improvement Plans for the site. If you have any questions, please contact me. Very truly yours, Jerome P. Filla JPF:bab F:\users\BARBERWERRY1Lake Elmo\HardyAtr wpd Lake Elmo Njunicipal Code Chapter 13-Municipal Regulations Section 1335-Public Nuimnces Section 1335 -Public Nuisances 1335.01 Public Nuisances Affeeflig Morals and Decency. The following are declared public nuisances affecting public morals and decency. Subd. 1 Gambline Devises. All illegal gambling devices,slot machines and punch boards; Subd.2 Betting. Betting,bookma:ing,and all apparatuses used in such occupations; Subd.3 Illegal Livuor. All places where intoxicating and non-intoxicating malt liquors are manufactured,sold,bartered or given away in violation of law,or where persons are permitted to resort for the purpose of drinking intoxicating or non-intoxicating malt liquors as a beverage contrary to law,or where intoxicating or non-intoxicating malt liquors are kept for sale,barter,or distribution in violation of law, and all liquors, bottles,kegs,pumps,bars and other property kept at and used for maintaining such a place; Subd.4.Illegal Consumption. Unlawful consumption of intoxicating liquor and nat-intoxicating malt liquor in any theater,recreation hall or center,dance haIL ball park or other place of public gathea jgg used for purpose of entertainment, amusement or playing of games, or consumption of intoxicating liquor ornon-mtaxicating wait liquor on a public highway or in a motor vehicle; Subd.5 Illegal Vehicles. Any vehicle used for the illegal transportation of intoxicating liquor,ornon-intoxica* g malt liquor. Subd.6 Window Peeping. The looking into or peeping through doors,windows,or openings of private homes by methods of stealth and without proper authority and by surreptitious method, or what is commonly known as "window peeping„ 1335.02 Public Nuisances Affecting Peace and Safety. The following are declared to be nuisances affecting peace and safety: Subd. I._Altering Drainage. Placing entrance culverts,or doing any act which may alter or affect the drainage of public streets or other public property or the surface or grade of public streets,or sidewalks without proper permit. Subd.2. Attractive Daneers. All dangerous,unguarded machinery,equipment, or other property in any public place,or so situated or operated on private property as to attract the public. 1335-I Zl l 8/97 Lake Elmo Municipal Code Chapter 13-Municipal Regulations Section 1335-Public Nuisances 1335.11 Violation a Nuisance. A violation of the provisions of this section shall constitute a nuisance and the same may be abated as provided by subsections 1335.12 and I335.13. 1335-12 Abatement. If any nuisance occurs as defined in this section,the Council may by majority vote,order the owner, lessee or occupant or any person having care or control of the lot or land to abate the nuisan=.The Council shall issue a written notice to the person allowing five days after the notice is served for the person to comply. 1335.13 Assessment of Costs. If the nuisance is not abated within five days in compliance with the notice,the Council shall cause the nuisance to be abated.The Council shall recover the actual cost of the abatement by civil action against the person or persons served. Alternatively,if service has been made upon the record owner,as shown on the records, of the County Auditor collection may be made by ordering the Administrator to extend the sum, plus 25%of it as a special assessment against the property upon which the nuisance existed.This amount shall be certified to the County Auditor for collection in the same manner as taxes and special assessments are certified and collected. 1335-7 2n 9197 CCw 0� LAKE -ELMO 3800 Laverne Avenue vdIif a rEF.r 1 Lake Elmo, IM ` 5504 G O12,3106 David&Linda hardy 2742 Ivy Ave N Lake Elmo,MN 55042 Re: IOC for moved structures yz.&Mrs.Hardy, This letter is being sent to you as a reminder of your agreement and commitment to the city of Lake Elmo concerning the two structures you were given permission to relocate within the City last year. City approval required that the moving of the buildings and all necessary improvements be completed within 12 months. Also,that driveway access to the property be separate(no shared access)and meet the setback requirements of the Lake Elmo City Ordinance. Although both buildings have been moved onto the site at this time no improvements have been started. It has also come to the City's attention that you have not properly protected the hole you excavated for the new basement. You must immediately and properly fence off the hole that was dug for the basement and secure the area so that no person can enter the property and fall in harms way because of no security provisions in place. Again,this is a reminder that you have just over two months left before the expiration date on the letter of credit. At that time all improvements are required to be finished as per city council resolution#2005-118 (enclosed). you have any estions please contact our city office.i McNamara Building official City of Lake Elmo enclosure 1 printed on recycled paper Sept 7,2006 David&Linda Hardy 2742 Ivy Ave No. Lake Elmo,MN 55042 Mr.&Mrs.Hardy This letter is to inform you that if the house you moved across 31 St.is not properly fenced for safety and security reasons by September Ie,2006 the city will use your escrow money that we are holding,to have the work done. If you do not secure the property by the above required date the city may have the work completed anytime after the Sept 18'b date. If you have any questions concerning the above matter please contact our city office. Sincerely, Jim McNamara. Building Official City of Lake Elmo MY Or s r � LL�.A3 E �. City- of Lake Elmo 6 5 /T77 50 September 15,2006 David and Linda Hardy 2742 Ivy Ave N Lake Elmo,MN 55042 Linda, I spoke with you this morning(Fri. 9/15/2006)about putting up the required safety fence around the house you have recently moved across 3 1'Street. It was my understanding that you will have a neighbor help you with the fence installation and it will be completed this weekend (9/15—9/17). I thank you for your cooperation in this matter. Your concern about wanting an extension on the Letter of Credit must be taken to the City Council. Sincerely, f � j r lIn McNam i { Building Offive . 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O O O O O o O O O O O o oO CDO CD O O o 0 o O CD o O CD CD o o O O CD O O CD O o 0 �t d d d �t �t �i d d ,-. ,--+ .--� — .-� — r-, .--, .--� �-, ,-. ,--� .-� - ® N N N N N N N N N N N N N N N N N N N N N N N N N N a1 C*l 01 ON ON O1 O\ (01� Q O\ C1 (31, 01 O1 O1 O\ O\ O1 O1 01 O1 ON O\ O1 O1 C1 N N N N N N N N N N N N N N N N N N N N N N N N N N O o O o O O 6 O O O O o O O O O o O O o O O O O O o Summary Building Report beptember-ZoUb Year to Uate Permits Permits Issued Valuation Issued Valuation New Residential 2 $800.000.00 New Residential 21 $8,753.388.00 New Commercial 0 $0.00 New Commercial 5 $15,022,080.00 Other Residential 40 $510,487.00 Other Residential 274 $5,620,229.00 Other Commercial 13 $634.500.00 Other Commercial 40 $6,160,116.00 Total 55 $1,944,987.00 Total 340 $35,555,813.00 Total Building Fees Collected $31,999.31 Total Building Fees Collected $485,372.62 Summary Plumbing Report Summary Plumbing Report Plumbing 43 $157,600.00 Plumbing 115 $2,353,896.00 Total Plumbing Fees Collected $3,120.50 Total Plumbing Fees Collected $19,592.00 Summary HVAC Report Summary HVAC Report HVAC 10 $172,200.00 HVAC 79 $4,891,905.00 Total HVAC Fees Collected $1,762.00 Total HVAC Fees Collected r$48,391.26 Summary Grand Total Fees $36,881.81 Summary Grand Total Fees $553,355.88 Surcharge Fee Paid to State $990.68 Surcharge Fee Paid to State $18,377.94 SAC Fees Paid to Met Council SAC Fees Paid to Met Council $31,000.00 WAC Fees Paid to Oakdale WAC Fees Paid to Oakdale $10,000.00 Misc. Expenses Misc. Expenses $0.00 Total Fees Retained $35,891.13 Total Fees Retained $493,977.94 Credit Fees to Bldg $31,916.13 Credit Fees to Bldg $387,452.02 Credit Fees to Water $3,900.00 Credit Fees to Water $82,100.00 Credit Fees to Sewer $75.00 Credit Fees to Sewer $24,428.00 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 September 29, 2006 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: Assessment Hearing Water System Interconnect Phase IV City of Lake Elmo, Minnesota TKDA Project No. 13186.000 Dear Mayor and City Council; As you may recall, this project is being assessed to the benefiting property owners based on the increase in property value. Our appraiser completed the determination of increased value last spring, prior to the Public Hearing on the project. The proposed assessment amounts shown on the attached sheet are the same as presented at that time, with the exception of the Prairie Ridge Office Park. The office park complex requested that three water services be installed to provide drinking water. We provided them with one service at no charge, but the cost of the other two was included in the assessment. Also, two of the duplex office buildings were divided into 4-plex units. The assessments for those units have been adjusted accordingly. City Council Action Requested Conduct the Assessment Hearing and approve the enclosed assessment roll. Sincerely; Thomas D. Prew, P. E. City Engineer TDP:cme Enclosure An Employee Owned Company Promoting Affirmative Action and Equal Opportunity 1� CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 200b-105 A RESOLUTION ADOPTING ASSESSMENT FOR THE WATER INTERCONNECTION PROJECT—PHASE IV WHEREAS,pursuant to proper notice duly given as required by law,the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of Water Interconnection Project—Phase IV Lake Elmo, Minnesota. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is herby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of seven (7)years, the first of the installments to be payable on or before the first Monday in January, 2007, and shall bear interest at the rate of 5.75 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31,2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment,to the City of Lake Elmo, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City of lake Elmo the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 4. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Under Minnesota Statutes 435.193 to 435.195, the council may, in its discretion, defer the payment of this special assessment for any homestead property owner by a person 65 years of age or older for whom it would be a hardship to make the payments, When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and the policy adopted under it may, within 30 days of the confirmation of the assessment, apply to the city administrator for the prescri-bed form for such deferral of payment of this special assessment on his property. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 1. The city will present its case first by.calling witnesses who may testify by narrative or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 2. After the city has presented all its evidence,the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the city's witnesses will be followed with the objector's witnesses. 3. The objector maybe represented by counsel. 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the council as to the weight of items of evidence or testimony presented to the council. 5. The entire proceedings will be video-taped. 6. At the close of presentation of evidence, the objector may make a final presentation to the council based on the evidence and the law. No new evidence may be presented at this point. 7. The council may adopt the proposed assessment at the hearing. An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081, by serving notice of the appeal upon the mayor or city administrator within 30 days after the adoption of the assessment roll and filing such notice with the district court within ten days after service upon the mayor or city administrator. Dated at Lake Elmo,Minnesota, this 15th day of September,2006. Sharon Lumby, City Clerk City of Lake Elmo b ., TKDA ---- ENGINEERS•ARCHITECTS•PLANNERS 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul,MN 55101-2140 (651)292-4400 (651)292-0063 Fax September 29, 2006 www.tkda.com Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: No Parking— 15`h Street North City of Lake Elmo, Minnesota TKDA Project No. 13593.000 Dear Mayor and City Council; The City staff has received complaints from residents along 15th Street North regarding parking along that street. The problem is that people will park at the east end of the street to access the Regional Park at that point. This is not an official entrance to the park. This parking creates concerns for public safety from the neighboring residents. The staff is recommending extending the No Parking on this street from Ivy Avenue to the east end of the street. City Council Action Requested Pass an Ordnance prohibiting parking on both sides of 15th Street North from Ivy Avenue to the east end of the street. Sincerely; Thomas D. Prew, P. E. City Engineer An Employee Owned Company Promoting Affirmative Action and Equal Opportunity CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 97-182 AN ORDINANCE RELATING TO SECTION 1005.04 (1) (PARKING PROHIBITED) TO THE LAKE ELMO MUNICIPAL CODE Section 1. Amendments: Section 1005.04 (1). is hereby added to the Lake Elmo Municipal Code: to wit: 1. Restrictions on 15�' Street North, on both sides, from Ivy Avenue North to the East end of the street. 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 October 3, 2006. Dean A. Johnston, Mayor ATTEST: Martin Rafferty, City Administrator Published in the Lake Elmo Leader on the day of October, 2006. I t I I f i 1 R21W P20W Rl9W I "Cs Ti2N U 731 1 33IN t IIJr4 230N ?36ri +)_YOU HFA6 �. T29N Y Ty.BN TUN � l t j xz�rl r7N R22W R21W R20W LAKE ELMO REGIONAL PAR I O f E 2 I I u c Vicinity Map t f > I I frt I O j I COYlI�.Nora t f I H i "No Parking„Zone 0 478 ((( Scale in Feet i I 1 I j f � I t I j � 1 � m,16 drawing is tM neaan of r compfiafi- andr:mducgwa ttdt_owd—they 1 1 �._.__.._•....__' The da wdamwbehirtad ('aumy offices. Tde dcawmg e1mua lte 2taa fdrtefe w VY'+tl+ogbn CneEf'ic not i nsgnsgve fx ert/vecrurecea I Location Map Parfet data heaad=Aad00 mbmaaon f _ TKDA ENGINEERS•ARCHITECTS•PLANNERS 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul,MN 55101-2140 (651)292-4400 (651)292-0083 Fax September 29, 2006 www.tkda.com Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: Approve Plans SCADA City of Lake Elmo, Minnesota TKDA Project No. 13593.000 Dear Mayor and City Council; Plans are complete for the SCADA system. SCADA is the control system which allows the well pumps and the water tower to communicate. It also allows the water operator to monitor and control the operation of the water system from the Public Works Building, or a remote location. This bid package will include controls for the two well sites the Water Tower Number 2,the lift station on Hudson Boulevard, and dedicated computer hardware and software for the Public Works Building. This SCADA system is expandable to allow for other future City facilities to be monitored as well. City Council Action Requested Approve Plans and Specifications for the SCADA system, and authorize the advertisement for bids. Sincerely; Thomas D. Prew, P. E. City Engineer An Employee Owned Company Promoting Affirmative Action and Equal Opportunity CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-107 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS SCADA (Supervisory Controls and Data Acquisition) WHEREAS, the City Engineer has prepared plans and specifications for the Supervisory Controls and Data Acquisition which allows the well pumps and the water tower to communicate and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. Th City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at the November 8, 2006 Council meeting, in the Council chambers of the City Hall, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the clerk for 5%of the amount of such bid. ADOPTED BY THE COUNCIL this 3rd day of October, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator 90 . TKD A ENGINEERS•ARCHITECTS•PLANNERS 1500 Piper Jattray Plaza 444 Cedar Street Saint Paul,MN 55101-2140 (651)292-4400 (651)292-0083 Fax September 29, 2006 www.tkda.com Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: Northern Watermain Extension City of Lake Elmo, Minnesota TKDA Project No. 13552.000 Dear Mayor and City Council: Bids for the referenced project were received on July 20, 2006. We held the bids until easements were obtained for the watermain route. An agreement for the easement acquisition has been reached. As part of the easement negations, the route was changed, thus a change order will be executed to account for this revision to the work. Also we will adjust the completion dates for the project. It is not anticipated to commence construction until November. Recommendation Award the contract for the Northern watermain extension to GM Contracting for their bid amount of$411,812.68. Sincerely, Thomas D. Prew, P.E. Project Manager TDP:cme An Employee Owned Company Promoting Affirmative Action and Equal Opportunity CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-106 A RESOLUTION AWARDING THE BID FOR THE NORTHERN WATER MAIN EXTENSION WHEREAS, pursuant to an advertisement for bids for the NORTHERN WATER MAIN EXTENSION PROJECT were received, opened, and tabulated according to law, and the attached bids were received complying with the advertisement. AND WHEREAS, G.M. CONTRACTING, 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 Allied Blacktop Company in the amount of$411,812.68, in the name of the City of Lake Elmo for the Northern Water Main Extension Project according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo City Council this 3rd day of October, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9� City Council October 3, 2006 Agenda Item: Zoning Ordinance Amendment—Accessory Buildings Background Information for October 3, 2006: On the August 15 the Council approved an interpretation of some unclear terms regarding the allowable area of accessory in the Non-Conforming AG zoning district. The Council also directed the City Attorney (rather than Planning staff) to prepare amendments to the accessory structure standards to clearly state the allowable area interpretation agreed to by the Council. We have attached the City Attorney's draft of the proposed amendments. The City Council's concurrence with that draft language is requested prior to scheduling of a Public Hearing before the Planning Commission—which is required for any zoning text amendments. Person responsible: Action items: 'ty. Motion to approve the text of a proposed zoning ordinance amendment and directing staff to publish Notice of Hearing on the proposed amendment. Attachments: Time Allocated: 1. City Attorney Draft of Text Amendment 90 DRAFT -CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA ORDINANCE NO. q7 ~ I AN ORDINANCE RELATING TO ACCESSORY BUILDINGS The Lake Elmo City Council hereby ordains that Section 300.13 Subd. 4 of the Lake Elmo City Code is amended to read as follows: Subd. 4 Number/Size of AccessorrBuildin . The maximum number and size of accessory buildings permitted in each zoning district shall be as follows, provided that no accessory buildings shall be constructed unless there is adequate room for any required secondary drain field site. NUMBER/SIZE OF ACCESSORY BUILDINGS Agricultural There shall be no Limit on the size or number of accessory buildings so long as the parcel is a nominal forty (40) acres or more, and buildings are agricultural business as defined in 300.13 Subd 3(A)(5) Agricultural (Non-conforming) Up to ten (10) acres Two (2) buildings with a combined area not to exceed one th Rd (1,099)two thousand ,� square feet Over ten (10) acres but less Two (2) buildings with a combined area not to than forty (40) acres exceed+,.'a the,isand (7 090) four thousand (4,0001 square feet Rural Residential Up to ten (10) acres One (1) two thousand (2,000) square feet detached building; in addition to an attached garage Over ten (10) acres but less One (1) two thousand five hundred (2,500) square than fifteen (15) acres feet-detached building; in addition to an attached garage Over fifteen (15) acres te-2g One (1)three thousand (3,000) square feet acres detached building; in addition to an attached garage Residential- R1, RED and OF Over Five Thousand (5,000) A combined area of one thousand two hundred square feet te I ac-pp but Less (1,200) square feet for attached and detached than one 1 acre accessory structures or residential garage; the size of the footprint of the detached structure shalt not exceed the size of the footprint of the primary structure From One (1) acre to two (2) One (1) one thousand two hundred (1,200) square acres feet detached residential garage or building in addition to an attached garage Over two (2) acres One (1) one thousand three hundred (1,300) square feet detached residential garage or building in addition to an attached garage ADOPTION DATE: Passed by the Lake Elmo City Council on the day of 2006. EFFECTIVE DATE: This Ordinance shall be effective the day following its publication. Dated: , 2006 Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator PUBLICATION DATE: Published on the day of 112006. F:\users\JaniceUerry\LE\Accessory Building ordinance_doc 2 Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 96 City Council October 3, 2006 Agenda Item: Septic Pumping/Inspection—Ordinance Amendment BackLFround Information for October 3,2006: Chapter 700 of the City Code prescribes that all private septic systems in the City. (well over 2,000) are required to be pumped every 2 years. Washington County (and many other municipalities)have similar requirements—usually a 3 year interval. As (again) with most other governments with similar requirements Lake Elmo has not been as aggressive as intended toward enforcement of the 2 year pumping requirement. We have had an excellent dBase monitoring system to track performance,but less than effective follow-up when the monitoring system detects non-compliance with the 2 year rule—until recently. With a more aggressive recent effort to attain the 2 year compliance (at least notice of non-compliance), staff has heard from several property owners stating that single person or 2 person households often generate so little septic volume to septic tanks that pumping every two years becomes serious "over kill". While there appears to be logic to that contention, staff also contends that the 2 year strategy is not only intended to assure septic tanks are pumped but to also identify potential septic failures from the reports required of the septic pumper by the City. Even if a system is not actually pumped every 2 years, we believe it was one intent of the ordinance to have some manner of periodic third parry septic system inspection. It has been suggested that a simple inspection and report of findings every 2 years could be substituted for the actual pumping—if not pumping is found to be required. Perhaps such inspection could be carried out by one of the septic pumping firms licensed by the City, or a State-certified Septic Inspector. If the inspection revealed a need to pump,the pumping would still be required. We have attached a simple ordinance amendment that would permit certified septic inspections or licensed septic pumper inspections to constitute compliance with the 2 year pumping law. Person res onsible: Action items: - \ Motion to adopt Ordinance#97 1—a`ending Chapter 700 of the City Code to permit substitution of licensed or certified septic inspections for septic pumping every 2 years where such inspections find no septic pumping is required. Attachments: J�� Time Allocated: 1. Draft Ordinance#97 - Amending 2 year septic pumping requirement. CITY OF LAKE ELMO WASHINGTON COUNTY,MINNESOTA ORDINANCE 97-181 AN ORDINANCE AMENDING THE LAKE ELMO MUNICIPAL CODE RELATING TO MAINTENANCE OF SEWAGE TANKS The City Council ordains that section 700.03, Subdivision 1, of the Lake Elmo Municipal Code is hereby amended as follows: E. 7080.0175 Maintenance Sewage tanks shall be pumped or inspected by a City-licensed septic pumper, or inspected by a State-certified septic inspector every two (2)years. A pumping and/or inspection report shall be submitted to the City by the pumper or inspector. The City will furnish report forms. This ordinance shall become effective upon its passage and publication according to law. ADOPTED by the Lake Elmo City Council this 3fd day of October, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator Published in the Lake Elmo Leader on Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9C:._ City Council October 3, 2006 Agenda Item: Fly Ash Land Fill Siting Background Information for October 3, 2006: As we previously advised the Council, MPCA conducted a Scoping Environmental Assessment Work-sheet (SEAW) Public Meeting regarding the proposed Xcel Fly Ash land fill in West Lakeland Township at Oak- Land school on September 21. The meeting was well attended (auditorium nearly full), including our local State legislators. As I expected, and as 1 am certain has happened at these EAW Scoping meetings in the past, the legal and intended purpose of the meeting was misunderstood by most attendees. This meeting was not to hear testimony regarding the West Lakeland site proposal, but merely to inform the Public of the Environmental Impact Study process and inform the Public that they are invited to submit written suggestions as to what additional subjects (beyond those already addressed in the draft SEAW) during the 45 day SEAW review & comment period (ending October 12). MPCA staff would not respond to any comments regarding the project except to explain (repeatedly) that this was not the forum for those comments. The only matter raised by the Public that MPCA staff took note of and agreed to look into was a further extension of the SEAW comment period (to beyond 45 days—which was already a requested extension from the normal 30 days). Beyond that, the 2 hour meeting was of little value—to the attending Public or MPCA—and merely a procedural pro forma. Lake Elmo staff continues to review the draft SEAW and intends to submit comments by either the current October 12 deadline or whatever extended comment period that may be provided by MPCA. Person responsiblei Action items: 4ty � C None Required Attachments: Time Allocated: None Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9D City Council October 3, 2006 Agenda Item: Re-Establish/Modify OP Development-Amend AG, RR & OP Background Information for October 3, 2006: On September 11, 2006 the Planning Commission conducted a Public Hearing and thereafter unanimously adopted a recommendation to amend the AG, RR, and OP district text of the zoning ordinance to both re- establish OP development as a Conditional Use in AG and RR, and increase the allowable density for OP from 16 units per 40 acres (0.40 units per acre)to 18 units per 40 acres (0.45 units per acre). The AG & RR districts were amended in 2005 to remove the OP option (as a CUP)pending completion of the Comprehensive Plan. With the land south of 10t'now precluded from OP development by the FSD land use classification (and, soon, corresponding zoning), and the Village Area zoning to be held in abeyance by the development moratorium appearing as Item 9E on this agenda, there is no continuing need to withhold OP development within the remaining RAD guided areas of the City. In addition, the 2030 Comprehensive Plan increases the maximum allowable RAD development density using OP from .040 units per acre to .045 units per acre (16 units per 40 increased to 18 units per 40). The OP zoning standards must be increased accordingly at some point for Comprehensive Plan conformity. Person responsible: Action items: Ci �)�l t� Motion to adopt Ordinance #97-adopting amendments to the Section 300.07 (AG and RR district CUP), and Section 301 (OP Development), as recommended by the Planning Commission.. ':_11 - iC�3 f\C--, 91 -ik5-C Attachments: 9`1- '8`i RR- Time Allocated: 1. Draft Ordinance #97- Amending Zoning Text 2. Draft Planning Commission Minutes of September 25 0-,, RAFT Dr aft Planning Commission 1Vfinutes of 9125/06 Public Hearing Amend Zoning Ordinance-Open Space Preservation Ordinance The Planner explained that about one year ago the City Council amended the AG and RR Zoning Districts by repealing Conditional Use Permits for OP Developments because pending completion of the 2030 Comprehensive Plan and completion of the Village Area Plan. He suggested that with the 2030 Plan now completed and approved, and the ability to preserve states quo in the Village Area by development moratorium the OP process can now be re-established in the zoning ordinance. In addition,in order to meet population goals of the 2030 Comprehensive Plan,the Open Space Preservation was planned for an increase in density from 16 units per 40 acres to 18 units per 40 acres. By amending the OP ordinance to the increased allowable density,the OP Ordinance will be brought into compliance with the Comprehensive Plan. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:13 P.M. Nobody came forward to speak. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:14 P.M. M/S/P,Roth/Armstrong to recommend Section 300.07 and Section 301.06 zoning ordinance amendments as proposed by Planning Staff. Vote: 9:0. CITY OF LAKE.ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 97-183 AN ORDINANCE RELATING TO CONDITIONAL USES IN THE AGRICULTURAL ZONE The Lake Elmo City Council ordains that Section 300.07, Subdivision 4,A.2(f)is hereby added to the City Code to read as follows: 300.07 Subd. 4. A.2.(f) Open Space Development as regulated by Section 301. THE LAKE ELMO CITY COUNCIL HEREBY ORDAINS THAT SECTION 300.07, SUBDIVISION 4,A.2(f) IS HEREBY ADDED. ADOPTION DATE: Passed by the Lake Elmo City Council on the 3fd day of October, 2006. EFFECTIVE DATE: This Ordinance shall be effective the day following its publication. Dated: , 2006 Dean A. Johnston,Mayor ATTEST: Martin J. Rafferty, City Administrator PUBLICATION DATE: Published on the day of October, 2006 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 97-184 AN ORDINANCE RELATING TO CONDITIONAL,USES IN THE RURAL RESIDENTIAL ZONE The Lake Elmo City Council ordains that Section 300.07, Subdivision 4, B.2(b) is hereby added to the City Code to read as follows: 300.07 Subd. 4. B.2.(b) Open Space Development as regulated by Section 301. THE LAKE ELMO CITY COUNCIL HEREBY ORDAINS THAT SECTION 300.07, SUBDYVISION 4, B.2(b) IS HEREBY ADDED. ADOPTION DATE: Passed by the Lake Elmo City Council on the 3 day of October, 2006. EFFECTIVE DATE: This Ordinance shall be effective the day following its publication. Dated: . 2006 Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator PUBLICATION DATE: Published on the day of October; 2006 CITY OF LAKE ELMO WASHINGTON COUNTY,MINNESOTA ORDINANCE NO. 97-185 AN ORDINANCE RELATING TO OPEN SPACE PRESERVATION RELATING TO DENSITIES The Lake Elmo City Council ordains that Section 301.06 Subdivision 2.H. is hereby amended to the City Code to read as follows: 301.06, Subd. 2H. Densities: The maximum dwelling unit density shall be eighteen(18)units per forty(40) gross acres of Buildable Land. THE LAKE ELMO CITY COUNCIL HEREBY ORDAINS THAT SECTION 301.06, SUBDIVISION 2.H. IS HEREBY AMENDED.. ADOPTION DATE: Passed by the Lake Elmo City Council on the jrd day of October, 2006. EFFECTIVE DATE: This Ordinance shall be effective the day following its publication. Dated: , 2006 Dean A. Johnston,Mayor ATTEST: Martin J. Rafferty, City Administrator PUBLICATION DATE: Published on the day of October, 2006 Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 96, City Council October 3, 2006 Agenda Item: Development Moratorium—Village Area Background Information for October 3.2006: The Village Area remains an open issue as to detailed land use as of now. The City Attorney advises, however, that we may now adopt a new Development Moratorium for the Village Area pending completion of the detailed plan for that area that has now been contracted for. "Protection" of the Village Area from premature and inappropriate development can be assured even with the OP ordinance again operative. A Moratorium Ordinance covering the Village Area is attached for Council consideration. The length of the moratorium is not specified—and should be along with any motion to adopt the ordinance. Staff recommends a minimum of 6 months (180 days) through March, 2007. We expect Village Area planning to be completed by that time. Village Area property owners will need to be submitting applications responsive to the Village Area Plan by March if development is contemplated during 2007. Should projects clearly consistent with the spirit and intent of the planning require earlier action, the ordinance provides for early removal of those properties. Person res onsible: Action items: �` Ci r Motion to adopt Ordinance#97-adopting a Development Moratorium for the Village Area now subject to contractual and land use planning and design by the City. Attachments: /�(, Time Allocated: 1. Draft Ordinance #97- Development Moratorium 2. Moratorium Area Map CITY OF LAKE ELMO WASHINGTON COUNTY,MINNESOTA ORDINANCE NO. 97-186 AID; ORDINANCE RELATING TO THE ADOPTION OF A DEVELOPMF..NT MORATORIUM IN THE VILLAGE AREA The Lake Elmo City Council ordains that Section 301.160 and its subdivision shall be added to the Lake Elmo Municipal Code to read as follows: 301.160 Development Moratorium A. The Village Area of the City of Lake Elmo (The"City") is designated on EXHIBIT A attached (The"Village Area"). B. The City has commissioned various studies to determine development impacts and infrastructure requirements for future development of the Village Area. C. The City has received reports relating to street layouts, waste water treatment facilities, and the provision of City water to the Village Area. D. The City needs to complete its review of surface water drainage and sanitary sewer issues relating to the Village Area. E. Upon completion of the various contracted studies regarding the Village Area , including sanitary sewer and surface water drainage,the City will be in a position to amend its comprehensive plan and official controls to guide and facilitate orderly development in the Village Area. F. In order to protect the planning process and the health, safety and welfare of its citizens, a Development Moratorium is hereby adopted pursuant to the provisions of Minn. Stat. 462.355, Subd. 4,as amended,for all property in the Village Area subject to the following conditions which shall be applicable during the term of the Development Moratorium: 1. Property may only be rezoned to an agricultiral use. 2. Property may not be further subdivided except in connection with an approved lot line adjustment. 3. Vacant platted residential lots which have already been approved by the City may be developed consistent with the City's current zoning and building regulations and any conditional use permit which may apply to such property. d. Additions to existing construction shall be allowed subject to the issuance of appropriate permits. 5. Additions to existing structures or new construction which would require a variance shall not be pennitted. G. This Development Moratorium shall remain in effect for up to months from the date of publication of this Ordinance unless terminated or extended by action of the City Council. H. The City Council may, by amendment to this Ordinance following the adoption of specific findings, remove specific parcels from.the area of this Development Moratorium; or repeal the Development Moratorium in its entirety. Effective Date: This Ordinance shall be effective the day following its publication. Adoption Date: Passed by the City Council of Lake Elmo the 3rd day of October, 2006. Dean A. Johnston, Mayor Martin J. Rafferty, City Administrator Publication Date: This ordinance was published in the Lake Elmo Leader on a 1 f i *ANn + ,Yx�eff'. � I } ' q� Maki 4�1.'�RII kwXiR.�... ... -. [ .[f Rw 01. wW' , 'iara f; �r WMA, " ice �