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HomeMy WebLinkAboutSeptember 19, 2006 CCP Dean Johnston bake Elmo City Council Council members: 3800 Laverne Avenue No. Rita Conlin TUESDAY Lake Elmo, MN 55042 Steve DeLapp 777-5510 777-9615(fax) Liz Johnson September 19, 2006 Anne Smith Please read: Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However,staff provides 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 5, 2006 3. PUBLIC INQUIRIES/INFORMATIONAL: Public Inquiries/Informational is an opportunity for citizens to bring the Council's attention any items not currently on the agenda. In addressing the A. PUBLIC INQUIRIES' 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 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 4. CONSENT AGENDA: Council prior to the meeting or as bench copies,to allow a more timely presentation. A. (1) Resolution No. 2006-096:Approving Claims (2)Resolution No. 2006-097:Approving Claim B. Monthly Operating Report C. Written Report on Building:Jim McNamara 5. FINANCE: Tom Bouthilet 6. NEW BUSINESS: 7. MAINTTENANCE/PARKIFIRE/BUILDING: A. Fire Dept.—Chief Malmquist (1) Place Mark Yost as a Probationary Member (2)Fire Department#2,Day Room Improvement Clarification Lake Elmo City Council Agenda September 19,2006 Page 2 S. CITY ENGINEER'S REPORT: A. Accept Feasibility Report on 28"'Street; Resolution No. 2006-098 B. Update on Krueger Property(verbal) C. Ordinance No. 97-179 Relating to Towing of Illegally Parked Vehicles and Trailers D. Approve Plans and Specs for Plumbing Work—Tablyn Park; Resolution No.2006-098 (verbal) 9. PLANNING,LAND USE &ZONING: C. Dillerud A. Apostolic Bible Church Site— Comprehensive Plan Amendment and Rezoning, Resolution No.2006-093, Ordinance No. 97-178 B. Meeting with Oak Park Heights City Council—Buberl/Nass/Bidon Annexation C. Metro Transit Park and Ride Proposal 10, CITY ATTORNEY'S REPORT: A.North Water Main Extension Easements (verbal) 11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCIL BUSINESS AND REPORTS: A. Mayor Johnston B. Council.Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith October 2 , 6 : 30, Special Planning Commission on Zoning DRAFT 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. Bouthilet, City Engineer Prew, City Attorney Filla, and Recording Secretary Freeman. Pledge of Allegiance I. 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 (I) and 7B (2) to 3A (3). M/S/P Conlin/DeLapp—to approve the September 5, 2006, Cxtyouncil Agenda as amended. (Motion passed 4-0) 2. AHNUTES: M/S/P Smith/Conlin--to approve the August 15, 29 F�, city .runcil muutes as amended. (Motion passed 4-0) 3. PUBLIC INFORMATIONAL/PUBLI , , UIRI St, A. Public Informational: " (1) CIC Presentation on Senior Housrn W 0 Brenda Anderson, from the Comrrl > y,Imprcient Commission (CIC), presented the results from the Senior HousiW rveyp Approximately one hundred surveys were received,with 86%believi That a nod st senior housing. The CIC recommends that further study, feedback adireeon frothe City Council are necessary to identify appropriate senior houszr surtah or the City of Lake Elmo. ks f Council Member` tioned ft."def ition of affordable housing," and the probable cost of any senio �ented uruts/ ouses in the Old Village Area. It was determined that it would be best to havek e Old j1Rage Plan completed, and have any senior housing builders expressing intrtr 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 95 h 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`i'Anniversary. (Motion passed 4-0) LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5,2006 3 DRAFT 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 43�d 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 loan 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 6perty and have the survey stakes correctly placed. I M/S/P DeLapp/Smith—to direct Staff to make every re >fzable of or't;to comply with Ms. Krueger's request for gravel and survey stare by ft"end of Septem �r 2006. (Motion passed 4-0) M/S/P DeLapp/Conlin—to complete the ditch work � e Fall of 2006 or Spring 2007, being careful to avoid the months of Nov e hand Dea r 2006 to avoid conflict with the Krueger's holiday tree sales. (Moen pasd 4 0) 4. CONSENT AGENDA: o A. _Resolution No. 2006-08} Approving Clans M/S/P Snuth/Jolanston—to ��rove Re0,ltian 1 . 2006-087, approving Claim Numbers 343, 344; DD848 through D $ q , 260 thrvlgh 28587, were used for Staff Payroll dated August 17, 240 , Maim fliers 345, 346, DD871 through DD874, 29588 through 29598, we sedirtaff ' yroll dated August 31, 2006, Claims 347, 29599 through 29563, he total am .-W of$991,968.60 are hereby approved. ,w (Motion passed 4 Ar B. Escrow Reduction`::-. iscaver Crossing M/S/P Smith/Johnston--to autborize 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, 2006 4 DRAFT E. Pay Estimate for 2006 Crack Seal: L &M Services M/S/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. Pav 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) G. PaEstimate 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 City Attorney and Staff stated they are still clarifying the wording of the water tower guarantee document that the City has negotiated including the coe&ms addressed by the City Council. City Engineer Prew would report back to Council,, a subsequent Council meeting. . a M/S/P Srnith/Johnston—to authorize payment of Ce date No. 6 tQ &I pY , Constructors, in the amount of$366,537.07,for thvated . Vater Storage Tank No. 2. (Motion passed 4-0) 4 2. H. Pay Estimate for Tabl n Park/Lake I < o.Hei hts ,;. Council members discussed what a reason e�le war the residents to expect the work to be completed, and whether paymenf bhouldRi red agile as the work was behind schedule. City Engineer Prew exPlaznel that h� pected the middle of October for the work to be completed. A time seh�e ule wot 1d be mailed to all residents this week. M/S/P Johnston/DeLapp—to auor the Paul Payment of Certificate No.2, to Park Construction Conn. an the p 3'=�. az461.nt of$537,058.69. (Motion passed 4-0)a � 1. Resolution a. 2006-09MOrde grAssessment Hearing for Water System Interconnect Pha&.V M/S/P Smith/Johnstir , to autonze the City to accept the proposed assessment of the cost of the Water Systet onnect Phase IV Project. (Motion passed 4-0) J. Resolution No. 2006-091: Awarding Bid for 2006 MSA Resurfacing NVS/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, stating that it has been reviewed with the Dept.Heads and City Administrator. The proposed Levy Certification must 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. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5,2006 5 DRAFT M/S/P Johnston/Conlin—to adopt Resolution No. 2006-088, for the Proposed 2006 Tax Levy, collectibte 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 Hearing Dates for the 2006 Tax Levy and the 2007 Budget. (Motion passed 4-0) 6. NEW BUSINESS: None 7. MAINTENANCE/I'ARK/FIRE/BUILDING: A. Parks Dept.: (1) Carriage Station Basketball Court: Public Works Superintendent reported that three quotes were reep d for the building/resurfacing of the new basketball court at Carriage Stan He reported that there are CIP funds set aside for this project and recommend.. wrcng the bid to T.A. Schifsky,hie. MIS/P Smith/DeLapp —to award the bid to T.A. S i-Nky, Ind., in the a lint of gym" $12,500.00 per quotf,dated August 23, 2006, fora 'Caffte Station basketball court at the enlarged size,per the recommendation of the Pthh `Works Supervisor. Motion passed 4-0 (2) Announce Public Works Open Huse f City Administrator Rafferty announced that airpen House will be held for the new Public Works Building on Satin 6,, Se ember s, 2006, from 9:00 am to Noon. Ribbon cutting will be at 9:30 a.m. TX Public1cozie and invited to attend. ix tt B. Fire Dept. Update _ �� (1) RecMiZ&H pIbre41- Chief Malmquis ecognized V11'. Elmo..Volunteer Explorers Fire Post 9351 for their successes at thelhth Annual governor's Fire Safety Day. Explorers Sarah Gilder, Noah Malmquist,Jack Winkelk Tom Gagnon,Jessica Elliott, Ben Salus and Adam Heinle participated in&OR-Yod, (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. (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. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 6,2006 6 DRAFT 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. 1:4,Z lotion passed 4-0) Following the motion and vote, the Fire Chief asked for cl at included authority for the Fire Department to buy the materials necessary tobuild the dayroom. It was suggested that it was included in the motion. M 8. CITY ENGINEER'S REPORT: A. 'Water Tower Paint Color(verbal) City Engineer Prew requested confirmatlojnrlozn Co ding the color of the new water tower,bowl, and the lettering. He re mingled the bawl color be off-white, to match the pedestal, with maroon lettering to atch0blic Works building. 1 Council discussed the various Q-d r op', ns Suggestions included trying to blend the tank into the landscape,the ssibility bf na Iett&ng on the tower, and asking the community to propose what wds/lcgos (zf ax should be on the tank. MISIP Smith/JohnstQa i td:,t theater tower base and bowl off-white, with burgundy lettering,per Engineer'srecorrmendation. (Motion passed 3 � UeLapp, tot plain) B. 28`h Street Petition fors treet Immovement(verbal): The City received a petition; dated August 24, 2006, signed by the residents on 28th 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. Resident Jim Petersen, 2751 Jan-ey 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 29'h Street. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5,2006 7 DRAFT City Engineer Prew requested direction from Council regarding the upgrading of 28�' 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 ParloLake 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 respondedt,oletters regarding connection to their homes, and that extra crews had arrived to st with this project as work is slightly behind schedule. The City Engineer provid� aidout indicating the timeline being followed by TKDA and the Contractor, wit e a cop,tith timeline and letter to be mailed to the residents this week. Nc "y Resident George Heller, 8644 27a' Street North, re"gp1 sting„e.- 'fication of the decision regarding whether open trenching or directional dnllirlrs used for the service Iines from the main to the home. The City Engineer `1 ed that zn ;'vidual site circumstances determined the type of service line installa ' rsd ,such aervice line length, in place landscaping and existing trees. 9. PLANNING.LAND USE Ada' G.- A. Resolution No. 2006703 . Zonitr'� larian ; Richard and Eileen Bergman: mv The City Planner reported th ,$ 1?luung Commission recommended approval of a zoning variance to all ;w, see o�n r ccessory structure on an RR zoned parcel. Here a barn structure is on an ad ni g &C COW was a pail of the original homestead parcel. The applicant reN...J.'est s a varianeto perri�it thebarn to ba to be detached from the adjacent parcel and added Me ltomestAo parcel where an accessory structure is already in n would, a legally combining the additional 1.33 acres including place. A major cond the barn to the property w &e homesteaded property. W 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 Bergman own both parcels so a condition of the variance should be that the homestead parcel be enlarged to at least 10 acres. The City Planner advised that while this is true, it has been his understanding that the homestead parcel was conveyed to a Bergman son. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 6,2006 8 DRAFT Richard Bergman 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. M/S/P Johnston/DeLapp--to adopt Resolution No. 2006-092, approving a zoning variance to locate two accessory buildings on a RR zoned parcel. (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 wa bnder way with Phase 2 work following a lengthy contract preparation experiendie He noted that meetings had already been held with the Allied Property 0", d City Staff, and that additional meetings are scheduled over the next several weeps wit* CA (treated TICE water discharge), MnDOT/Washington County (High A0y mo 5 dificati s) and the Allied ,' W �4 Property Owners (clarification of the"Incentive F ' comppents and, llereafter, specific unit count determination.) He al is T at th&ity Engineer has been Rr requested to provide updated data regarding surface fir"{from that produced for the Thorbeck Plan), and to begin preliminary 41* n of the Lary sewer system. D. Metropolitan Airport Commission—Lake EIn ort 2025 Plan: The City Administrator, City Plannn ssista t�nner, and representatives from Baytown Township and West Lcelan Townslp attended at meeting with MAC staff and its consultants to discus t e Lake<E1 Q A 6 t Long Term(2025) Comprehensive Plan Update now underway. , MAC presented threbllr afiiveairport development concepts for inclusion of the 2025 updated P14E and has re�nestecl omments from the City on the draft alternative airport developindhtQptions. T oted that the local government representatives at the meeting agreed that&,firth 6 native be"no further development at the airport." o M/S/P Johnston/De-Lapp tdirect Staff to send a letter to MAC stating Lake Elmo City Council support of the fourth alternative—that be no further development at the Lake Elmo Airport(runways or hangers). 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 AssessmentWorkshop (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 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5,2006 s DRAFT 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 but the County has the authority to regulate land fills but Xcel's strategy is to process their fly ash project permitting as a nine 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. The 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 regardin 'the City desires to comment to MPCA/ECO regarding the SEAW City Council directed the City Planner to pursue a response Io the and present alternatives or beneficial use of fly ash. F. METC Update: Council Member DeLapp requested clarification reg ` the delay in meeting with the METC. He noted that the Council had ag °r �,wo mom o to set up a meeting once some issue had been resolved. He couldn t 1ecoothge issue { ouncil Member DeLapp said he has heard nothing about a meeting si i �e tha Mayor Johnston stated that the AG iy woad medll!,Mth METC only when a constructive agenda was developed. Thee"ty is stall z ng n the zoning issues, and it is not yet ready. of <y Council Member DeMpp ftM-ded Cl uncil that a vote was taken two months ago, that the City would mat with ME'TC It U not yet occurred and he asked what the delay was for. �' , Council Member Conlin'"" c ed Council Member DeLapp that the City voted to meet with the METC, but woul&not go into the meeting without a set agenda. She also remembered that Mr. Georgecas would be setting the meeting. 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$Update: (verbal) Moved to Closed Session 11. CITY ADMNISTRATOR'S REPORT: A. City Administrator Rafferty: None LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5,2006 10 DRAFT 12. CITY COENCIL REPORTS: A. Mayor Johnston reported that he attended the Rasmussen Business College Groundbreaking, and presented the ceremonial shovel to the City Administrator for use at the Public Works building. Mayor Johnston also requested clarification of the Lights Out Policy regarding the VFW Field and policy of providing a port-a-potty at Carriage Station Park. He also provided an update from his AMM meeting regarding METC penalties imposed on Lake Elmo with the extension of the Comprehensive Plan submission. Reminder that filing dates are open until September 12, 2006, at 5:00 p.m. B. Council Member Conlin: None C. Council Member DeLapp: The comments from the memb�s of the AMM committee regarding the METC penalties to Lake Elmo gayhihope that other cities may finally be realizing how difficult METC can be on 00t s that- q lot abide by METC dictates. x D. Council Member Smith: None ' ~ REMINDERS: . September 12, 2006: Primary Election—Polls *, . 7 p8 PM September 13, 2006: City Council Worksho�-6 M g 0 PM September 14, 2006: Communit en Hous 5 oundwater Contamination— OakLand Junior High School September 16, 2006: Open8buse at,Ne ftblic Works—9 AM—Noon Meeting ended at i Z 50 p CLOSED SESS.WN': Norther '4 ater ain Extension Update : Resolution No. 2006 R7 Ap �ved Claims Resolution No. 2006-0$ csposed 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 IV 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 60th 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 yi APPROVED AS AMENDED SEPTEMSER 5, 2006 CITY OF LAKE ELMO CITY COUNCIL.MEETING AUGUST 15, 2006 1. AGENDA 2. MINUTES: August 2, 2006 3. PUBLIC INQUIRIESANFORMATIONAL: A. PUBLIC INQUIRIES: B. PUBLIC INFORMATIONAL: 4. CONSENT AGENDA: A. Resolution No. 2006-079: Approving Claims B. Monthly Operating Budget C. ResoIution No. 2006-080: Partial Payment No. 5, Water Interconnect Project Phase III, Riley Brothers Construction D. Resolution No. 2006-081: Partial Payment No. 1, Tablyn Park/Lake Elmo Heights Water Main, Park Construction E. Resolution No. 2006-082: Award Bid for 2006 Overlays 5. FINANCE: 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FJRE/BUILDING: A. Building Dept. Update: Jim McNamara B. Fire Dept. Update: Chief Malmquist (1) Place new members on probation: Paul Jorgensen,Noah Malmquist, and Brad Asplund 8. CITY ENGINEER'S REPORT: A. Island Cul-de-Sacs in Tablyn Park: verbal update 9. PLANNING, LAND USE &ZONING: A. Resolution No. 2006-083: Variance for Septic Drainfield: 8320 Hidden Bay Trail, Swanson B. Resolution No. 2006-084: CUP/Site Plan for Veterinary Clinic in GB Zone, 11051 Stillwater Blvd.-Dr. John Baillie and Gary T. Harty C. Resolution No. 2006-085: Final Plat of Eagle Point Business Park 61h Addition; Resolution No. 2006-086: Shoreland Variance and Section 520 Site Plan for C & C North American D. Apostolic Bible Church Site— (tabled) Comprehensive Plan Amendment& Rezoning E. Zoning Ordinance Interpretation—Non-Conforming AG Accessoiy Building F. Ordinance No. 97-176: Lateral Water Main Connection; Ordinance No. 97-177: Lateral Water Main Connection Charges for Phases I and 11 10. CITY ATTORNEY'S REPORT: None 11. CITY ADMINISTRATOR'S REPORT: A. Tank Industry Consultants, Inc. and Water Tower—update B. Old Village Plans—update 12. CITY COUNCIL BUSINESS AND REPORTS: Closed Session: Lake Elmo vs. Sessing LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2006 1 III i APPROVED AS AMENDED SEPTEMSER 6, 2006 Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council Chambers. COUNCIL MEMBERS PRESENT: Conlin, DeLapp, Johnson and Smith. STAFF PRESENT: City Administrator Rafferty, City Planner Dillerud, Finance Director Bouthilet, Building Official McNamara (left at 7:45 pm), Fire Chief Malmquist, (left at 7:30 p.m.) TKDA Engineer Stempski, City Attorney Filla, and Recording Secretary Freeman. Pledge of Allegiance L AGENDA: Additions: 11A. Tank Industries and Water Tower—verbal update; 11B Old Village Plans —verbal update; move 7B to 3B (Fire Dept. Update) i M/S/P Johnson/Smith—to approve the August 15, 2006, City Council Agenda as amended. (Motion passed 5-0) i 2. MINUTES: M/S/P Johnson/Smith—to approve the August 2, 2006, City Council minutes as amended. (Motion passed 3-0-2 Abstained Johnson and Colin-did not attend meeting) 3. PUBLIC INQUIRIESANFORMATIONAL: A. Public Informational: None B. Public Inquiries: David Frosch, 2935 Jonquil Trail, said he is a new Lake Elmo resident who is building houses in The Farms of Lake Elmo, and is requesting clarification of the Sign Ordinance regarding off-site real estate signs. He reported that he had been issued a permit for several Temporary off-site signs in the past, but was recently advised by City Staff that they would no longer issue any permits for off-site signage based on closer review of the Sign Ordinance. He said that he has seen many off-site real estate signs throughout the City. The Council directed Staff to review Mr. Frosch's concerns and report on off-site signage to the September 1.3, 2006, Council Workshop. Nicole Park, 404 Lake Elmo Avenue, introduced herself and announced she would be running for City Council. Her goals for the City are to make Lake Elmo more of a destination, and to help establish a Family Center. Susan Dunn, 11018 Upper 33rd Street, reminded the audience about the Budget meeting; the Water Contamination Meeting at OakLand Junior High School on September 14, 2006, at 6:00 p.m. Ms. Dunn also stated an update is needed on the new water tower being out-of-round and long-term stability, and requested information regarding the painting of the older water tower. 4. CONSENT AGENDA: A. Resolution No. 2006-079: M/S/P Smith/Johnson—to adopt Resolution No. 2006-079 approving Claim Number 341, 342, DD385 through DD847, 29494 through 29504, were used for Staff Payroll dated LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2006 2 APPROVED AS AMENDED SEPTEMBER 5, 2006 August 3, 2006; 29505 through 29559, in the total amount of$917,087.81 are hereby approved. (Motion passed 5-0) B. Monthly Operating Report: Mayor Johnston requested clarification of the Fiscal Disparities line item in the Report and the 2006 Comprehensive Plan Old Village design costs line item in the Report. Finance Director Bouthilet said Fiscal Disparities are a Metro commercial tax capacity redistribution law, where 40% of commercial tax capacity (and, therefore, ad valorem tax revenue) is,by legislatively mandated formula, moved into a Metro "Pool" from all cities ! and townships in the seven County Metro Area, and redistributed from the pool to these cities and townships, based on a formula designed to share commercial tax revenue relative to their overall tax capacity and population capacity . Lake Elmo gains a little annual revenue from the Fiscal Disparities Pool annually, which is reflected in the line item noted by Mayor Johnston. Finance Director Bouthilet advised that the Village Area Planner expenditures need to be recoded out of the Planning Department budget and into the Village Area Planning Fund. M/S/P Johnson/Conlin—to accept the July 2006 Monthly Operating Report. (Motion passed 5-0) C. Resolution No. 2006-080: Partial Payment No. 5, Water Interconnect Proiect Phase III, Riley Brothers Construction: M/S/P Smith/Johnson—to adopt Resolution No. 2006-080, authorizing Partial Payment No. 5, Water Interconnect Project Phase III, to Riley Brothers Construction, in the amount of$178, 642.75. (Motion passed 5-0) j D. Resolution No. 2006-081: Partial Payment No. 1, Tablyn Park/Lake Elmo Heights 1 Water Main, Park Construction: M/S/P Smith/Johnson—to adopt Resolution No. 2006-8 1, authorizing Partial Payment No. 1, Tablyn Park/Lake Elmo Heights Water Main, to Park Construction, in the amount i of$627,532.95. (Motion passed 5-0) E. Resolution No. 2006-082: Award Bid for 2006 Overlays: M/S/P Smith/Johnson—to adopt Resolution No. 2006-082, awarding bid to Valley Paving, Inc., in the amount of$208,318.00. (Motion passed 5-0) 5. FINANCE• None 6. NEW BUSINESS: None 7. MAINTENANCE/PARK/FIREBUILDING: A. Building Dept, Update: Jim McNamara Building Official McNamara reported that new residential starts have been much less than anticipated. He reminded the audience that heating systems should be checked and repaired prior to winter. 'Wood burning fireplaces and chimneys should also be inspected and cleaned if necessary. LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2006 3 APPROVED AS AMENDED SEPTEMBER 5, 2006 B. Fire Dept. Update: Chief Malm uist Fire Chief Malmquist informed Council that the Dept. visited three neighborhoods on National Night Out. He also thanked everyone for supporting the Pancake Breakfast during Huff'n'Puff days. He added that new members are always welcome and needed. Fire Chief Malmquist introduced the three newest members: Paul Jorgensen,Noah Malmquist and Brad Asplund, and requested they be placed on probation. M/S/P Smith/DeLapp —to approve Paul Jorgenson, Noah Malmquist and Brad Asplund as probationary members of the Lake Elmo Fire Dept. (Motion passed 5-0) 8. CITY ENGINEER'S REPORT: A. Island Cul-de-Sacs in Tablyn Park TKDA Engineer Stempski informed Council that a survey was conducted with the residents on 27th Street North (three) and 27`h Street Court North (two), requesting their input regarding landscaped center island cul-de-sacs. The three questions per the resident survey were: 1) Are they in favor of a landscaped center island cul-de-sac? 2) Would they help plant and maintain? 3)What is their opinion on the City posting the cul-de-sacs "No Parking"? The three residents on 271h Street Court North were in favor and would help plant and maintain the island cul-de-sac. One resident was in favor, one opposed the parkin restriction, and one suggested posting "No Parking" on one side only. One lot on the 27` Street North cul-de-sac is currently vacant, and the owner of the second lot was not in favor of the landscaped center island. Council and Staff discussed various options of low maintenance vegetation, the paving of curb and gutter, and the alternative of a rain garden application, with curb and gutter around the island. M/S/P Conlin/DeLapp—to direct Staff to prepare plans for the cul-de-sac at 27th Street North, and work with the three residents on curb and vegetation design. (Motion passed 5-0) 9. PLANKING, LAND USE & ZONING: A. Resolution No 2006-083• Variance for Septic Drainfield: 8320 Hidden Bay Trail Swanson: The City Planner reported that the Planning Commission recommended approval of the variance from drain field setback standards. The applicant seeks variances from drain field setback standards to the property line (3 feet where 10 feet is required) and an existing detached garage (3 feet where 20 feet is required). The variances relate to the applicants' failing septic systems needing a new drainfield in proximity of the existing drainfield. No reasonable alternative location was available for the new drainfield. I M/S/P Johnston/Johnson—to adopt Resolution No. 2006-083, approving the septic system setback variance at 8320 Hidden Bay Trail. (Motion passed 5-0) LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2006 4 APPROVED AS AMENDED SEPTEMBER 5, 2006 B. Resolution No. 2006-084: CUP/Site Plan for Veterinary Clinic in GB Zone, 11051 Stillwater Blvd.-Dr. John Baillie and GM T. Harty. The City Planner reported that at the August 14, 2006,Planning Commission meeting, the applicant proposed relocation of the veterinary clinic from its present Lake Elmo Avenue location to the former Harty Insurance building on Stillwater Blvd. Applications for a Conditional Use Permit to locate the veterinary clinic in the GB zone and a Site Plan to modify the parking arrangement on the site have been presented to the City. A previously approved Site Plan (2005) to enlarge and remodel this site has been abandoned earlier by those applicants. The City Planner reported that the Planning Commission recommends approval of the proposed resolution of the Conditional Use Permit and Site Plan subject to several conditions. M/SIP DeLapp/Johnson—to adopt Resolution No. 2006-084, granting a Conditional Use Permit for Veterinary Services and the Section 520 Site Plan for site modifications to Dr. John Baillie and Gary Harty at 11051 Stillwater Blvd.based on Findings and recommendation of the Planning Staff Report and plans Staff dated August 9, 2006, and with the nine Conditions in the Resolution. (Motion passed 5-0) C. Resolution No. 2006-085: Final Plat of Eagle Point Business Park: Resolution No. 2006-086: Shoreland Variance and Section 520 Site Plan for C &C North America: The City Planner reported that the Planning Commission unanimously recommended approval of a Section 520 Site Plan and Shoreland variance for construction of a 25,000 square foot office/showroom building on a 2.04 acre parcel of the Eagle Point Business Park. The approval recommendation included eight design-related conditions involving parking and stream bank landscape mitigation. Council Member DeLapp asked why the applicant could not build a facility in compliance with Code on a newly platted lot. The response was that the proposed business owner wants a larger building than will fit without special consideration . The City Plainer also reported that the Planning Commission recommended approval of the final platting of Eagle Point Business Park Outlot C as Lot 1,Block 1,Eagle Point Business 6`h Addition. No reasons were given. M/S/P DeLapp/Smith---to adopt Resolution No. 2006-085, approving the Final Plat of Eagle Point Business Park 6 h Addition. (Motion passed 5-0) M/S/P DeLapp/Smith—to adopt Resolution No. 2006-086, approving the Section 520 Site Plan for C &C North America and Shoreland variance on Outlot C,Eagle Point Business Park, with the additional condition as follows: Comply with the Business Park District Performance Standards with respect to exterior surfaces. (Motion passed 5-0) D. Apostolic Bible Church Site—Comprehensive Plan Amendment &Rezoning: M/S/P Smith/Conlin--to table this item at the request of the property owner until the September 5,2006, Council Meeting, at which time the Apostolic Bible Church will be prepared to make a statement. (Motion passed 5-0) LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2006 5 APPROVED AS AMENDED SEPTEMBER 5, 2006 ' E. Zoning Ordinance Interpretation—Non-Conforming,AG Accessory Building: The City Planner reviewed with the Council the current Zoning Ordinance language regarding the allowable accessory building square footage in the various zoning districts. He reported that there was disagreement as to exactly how to interpret the language of the �= Non-Conforming AG zoning portion the accessory building standards as to whether the total allowable accessory building area is a sum of two buildings or each of two I buildings. The Planning Commission recommended an interpretation as each of two buildings, based on overall code enforcement. Council Member DeLapp based his support of the Planning Commission recommendation on overall Code consistency rather than the strict wording of the Ordinance. M/S/P DeLapp/Johnson--to approve the interpretation of the terms "total area" contained within the "Agricultural —Non-conforming" paragraph of the table in Section 300.07 Subd. 4.B.2.b. of the City code to mean area of each of two buildings rather than an area as the sum of two buildings for both acreage levels. (Motion passed 5-0) Staff agreed to pursue the necessary language changes in the Zoning Ordinance to clearly reflect the foregoing interpretation ordinance. F. Ordinance No 97-176: Lateral Water Main Connection; Ordinance No. 97-177: Lateral Water Main Connection Charges for Phases I and II: The City Planner explained the differences between trunk water charges and lateral water charges. The City Planner that the existing Code is confusing and not what was intended. He said that the Staff recommends adoption of the two ordinances: one to re-word the Code regarding WAC/lateral water charges, and one to establish water lateral charges for the Interconnect Projects I and Il. The Council directed that the ordinances clearly specify that any additional charges added to deferred connections reflect the City's costs to carry, such as interest on bonds sold. MIS/P DeLapp/Johnson—to adopt Ordinance No. 97-176, amending Chapter 600 of the City Code regarding charges for connection to City water. (Motion passed 5-0) M/S/P DeLapp/Johnson—to adopt Ordinance No. 97-177, establishing lateral charges for City Water Interconnect Projects I and 11. (Motion passed 5-0) 10. CITY ATTORNEY'S REPORT: None 11. CITY ADMINISTRATOR'S REPORT: A. Tank Industries and Water Tower—update The City Administrator reported to Council the status of the proposed repair of the new water tower concrete support shaft, and reported that the specialized design consultant stated the support would be acceptable, subject to several conditions included in his letter to the City and it being structurally sound. The City Administrator and Engineer confirmed that a special ring had been designed to correct the out-of-round issue, and the repair work has been approved by TKDA. The work will carry a total of a 10-year warranty, with 5 years maintenance after the tank is at full capacity. All inspections will be completed by an independent contractor. LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2006 6 APPROVED AS AMENDED SEPTEMBER 5, 2006 Members of City Council noted several serious inconsistencies between the recommendations in the consultant's letter and the contractor's letter in response. The Staff was directed to enforce the consultant's recommendations. B. Old Village Plans —update: The City Planner informed Council that a meeting with the Planning Team was scheduled for Friday, August 18, 2006. He will report to Council about the status of the Village Area Plans at the September 5, 2006, Council meeting. 12. CITY COUNCIL BUSINESS AND REPORTS: A. Mayor Johnston: Continues to work on AMM committees and Metropolitan Agencies Committee, St. Croix Regional Family Center survey conducted and the location will be announced September 13, 2006. There is no tax burden to the city selected, and a YMCA would be built a few years later. Council discussed the question of which school districts were surveyed and if it would be impact the site selection process. B. Council Member Conlin: None C. Council Member DeLapp: Noted that an amendment to State Statutes regarding annexation passed the 2006 Legislature, requiring both cities' approval where detachment from one city and concurrent annexation to another city is petitioned. In the past a single city coveting the land/tax base of a neighbor could petition and have annexation approved without the consent of the city that would lose the lands. He observed that this legislation appeared to be a change of course for the Legislature by inserting more local autonomy in city/city annexation issues, and that,perhaps, is a signal that the Legislature may be more responsive to local autonomy issues involving the Met Council. D. Council Member Johnson: None E. Council Member Smith: None Meeting adjourned at 9:12 p.m. CLOSED SESSION: Lake Elmo vs. Sessing LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 200E 7 APPROVED AS AMENDED SEPTEMBER 5, 2006 • Resolution No. 2006-079: Approved Claims Resolution No. 2006-080: Partial Payment No. 5, Water Interconnect Project Phase IIl, Riley Brothers Construction Resolution No. 2006-081: Partial Payment No. 1, Tablyn Park/Lake Elmo Heights Water Main, Park Construction Resolution No. 2006-082: Awarded Bid for 2006 Overlays to Valley Paving,Inc. Resolution No, 2006-083: Approved Septic Drain Field Setback Variances at 8320 Hidden Bay Trail (John and Diana Swanson/Jet Construction) Resolution No. 2006-084: Granted a Conditional Use Permit/Site Plan at 11051 Stillwater Boulevard North to Locate a Veterinary Clinic Resolution No. 2006-085: Approved Final Plat of Eagle Point Business Park 6`h Addition Resolution No. 2006-086: Approved Variance and Site Plan for C&C North America Ordinance No. 97-176: Established Lateral Water Main Charges Ordinance No. 97-177: Approved Trunk Water Facility and Lateral Water Main Charges i LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2006 B VA CITY OF LAKE ELMO WASHINGTON COUNTY,MINNESOTA RESOLUTION NO.2006-096 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 348, 349, DD885 through DD909, 29655 through 29677, were used for Staff Payroll dated September 141", 2006; 29654, 29678 through 29731, in the total amount of$889,574.74 are hereby approved. 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N — 7 N M 00 V'1 n 00 �i O OCA o Cd a1 0 M � Ln ..l n 't,r- 8w a. x U N � OOOOON � O a` u � � oonhr�iv�i U •^ ON CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-097 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Number 29732, in the total amount of $270.00 is hereby approved. ADOPTED, by the Lake Elmo City Council on the 191h day of September, 2006. Dean A. Johnston ATTEST: Mayor Martin J. 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Sept. 19, 2006 AGENDA 1) Construction activity update for July Sorry, I will not be at the council meeting . I am attending the code change meetings this week. If there are any questions concerning the attached report I will be glad to answer them when I return. Thank You Jim Action Items: Informational. No action needed Person responsible: J. McNamara Attachments: Building Report for July Summary Building Report August-zuutj Year to Date Permits Permits Issued Valuation Issued Valuation New Residential 1 $198,535.00 New Residential 19 $7,953,388.00 New Commercial 1 $1,400,000.00 New Commercial 5 $15,022,080.00 Other Residential 28 $478,331.00 Other Residential 234 $5,109,742.00 Other Commercial 0 $0.00 Other Commercial 27 $5,525,616.00 I Total 30 $2,076,866.00 Total 285 $33,610,826.00 Total Building Fees Collected $86,209.02 Total Building Fees Collected $453,373.31 Summary Plumbing Report SummaryPlumbing Report Plumbing 16 $83,400.00 Plumbing 72 $2,196,296.00 Total Plumbing Fees Collected $982.00 Total Plumbing Fees Collected $16,471.50'� Summary HVAC Report 8 Summary HVAC Report Y HVAC 7 $33,999.00 1 HVAC 69 $4,719,705.00 Total HVAC Fees Collected $428.50 € Total HVAC Fees Collected r$46,629.26 Summary Grand Total Fees $87,619.5 Summary Grand Total Fees $516,474.07 Surcharge Fee Paid to State $1,039.28 Surcharge Fee Paid to State $17,387.26 SAC Fees Paid to Met Council $12,400.00 SAC Fees Paid to Met Council $31,000.00 WAC Fees Paid to Oakdale $4,000.00 WAC Fees Paid to Oakdale `; $10,000.00 Misc. Expenses Misc. Expenses $0.00 Total Fees Retained $701180.24 Total Fees Retained $458,086.81 Credit Fees to Bldg $22,582.40 Credit Fees to Bldg $355,535.89 Credit Fees to Water $24,000.00 lCredit Fees to Water $78,200.00 Credit Fees to Sewer $23,600.00 11credit Fees to Sewer $24,353.00 C) L) ti ta 4. a) CD It .4, IL IL 4-- 4- iz. Lq C, co Q> 04 4� RO LO LID cj 'o rom CL CL �120 i Q o o g o f 0 0 0 0 I o 0 o a p� o°Da Q Q � y %? C C C O o cn O 2 N vi 10 N t` N CD CAI P I"� ro N '�Y ti T � w" ro ro a (D 4 f>7 > € c c c c c c ccm CD CD c O N IA IL I!. lL N N W N � {� u„ LL LL N N N N Q1 m E d .0 0) CDC m 5 Q 4 V1' 0) fn in VJ F15 fn (n W. b o O o cd 0 C, 0 0 to C) c cpD co O ± 111 O 4 O 0 O O O � C ClO Of O O a N N N N N NN N N y w N Co W O N N N M qOD co c M � tl j§ o e� y 4- °- 3 4. o ° m o E c E 3 a 5 O03 p o$ 06 E E E a a a v � � •o `o 0 €! o a o E n fy m fn a 06 4 5 O k ED 0 co N C� N ❑ fit ❑ to N fh 0 0 LO co In ro LLN? 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'iy •lV ++ n N 41 5 to (D to ~ v.k N N N N N N N N m N N t" M M M � O t70 O O 00 O a0 0 City of Lake Elmo Building Department Plumbing Permit Fees August 01,2006 Through August 31,2006 Date Permit# Permit Fee Surcharze 8/9/2006 5256 $50.00 $0.50 819/2006 5257 $50.00 $0.50 8/10/2006 5258 $50.00 $0.50 8/10/2006 5259 $50.00 $0.50 811012006 5260 $50.00 $0.50 8/11/2006 5262 $50.00 $0.50 8/11/2006 5263 $150.00 $0.50 8/22/2006 5270 $0.00 $0.00 8/22/2006 5271 $0.00 $0.00 8/29/2006 5279 $150.00 $0.50 8/29/2006 5282 $50.00 $0.50 8/29/2006 5283 $50.00 $0.50 8/30/2006 5286 $125.00 $0.50 8/31/2006 5289 $50.00 $0.50 8/31/2006 5290 $50.00 $0.50 f 8/31/2006 5291 $50.00 $0.50 Totals: $975.00 $7.00 Grand Total of Flumhing Fees Collected: $982.DO City of Lake Elmo Building Department HVIAC I' mit Fees August 01,2006 Through August 31,2006 Date Permit# Permit Fee Surcharee 8/1/2006 5241 $50.00 $0.50 8/1/2006 5242 $50.00 $0.50 8/8/2006 5254 $50.00 $0.50 8114/2006 5264 $50.00 $0.50 8/14/2006 5265 $50,00 $0.50 8/25/2006 5277 $50.00 $0.50 8/30/2006 5286 $125.00 $0.50 Totals: $425.00 $3.50 Grand Total of HVAC Fees Collected. $428.50 (The 281h Street Feasibility Report Will Be Handed Out at the Meeting) CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-098 A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING FOR THE 28'STREET CONSTRUCTION PROJECT WHEREAS, a feasibility report has been prepared by TKDA with reference to the 280' Street Construction Project and this report was received by the City Council on September 19, 2006. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective, and feasible. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA: 1. The Lake Elmo City Council will consider the 28th Street Construction Project in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated cost of the improvement of 2. A Public Hearing has been order on said street improvement on the th day of 2006 at Lake Elmo City Hall, 7:00 p.m. and the clerk shall give mailed and published notice of such hearing improvement as required by law. ADOPTED by the Lake Elmo City Council this 19th day of September, 2006. Dean A. Johnston,Mayor ATTEST: Martin J. Rafferty, City Administrator i i FEASIBILITY REPORT i i . 28TH STREET NORTH i STREET IMPROVEMENTS j , I CITY OF LAKE ELMO , MINNESOTA l I Date: September 19, 2006 Project No. 13593.000 1500 Piper Jalfray Plaza Tt% DA 444 Cedar Street Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS •PLANNERS (651)292-4400 (651)292-0083 Fax www.Ikda.com I SAINT PAUL, MINNESOTA TZT,?X-DA SEPTEMI3ER 19, 2006 ENGINEERS•ARCHITECTS•PLANNERS I FEASIBILITY REPORT ' 28TH STREET NORTH STREET IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 13593.000 ' I hereby certify that this Feasibility Report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. a T;m0asD. Prew,A6.E. License No. 19621 � c i 13593.000 I 28TH STREET NORTH STREET IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 13593.000 TABLE OF CONTENTS PAGE NO. I. INTRODUCTION............................................................................................................:1 II. INITIATION .....................................................................................................................1 III. IMPROVEMENT..............................................................................................................1 IV. PERMITS AND APPROVALS .........................................................................................2 V. ESTIMATED PROJECT COSTS.....................................................................................2 VI. PROJECT FINANCING...................................................................................................3 VII. PROJECT ASSESSMENTS............................................................................................3 VIII. RIGHT-OF-WAY..............................................................................................................3 IX. PROJECT SCHEDULE ...................................................................................................4 i ; X. STATEMENT OF FEASIBILITY.......................................................................................4 ( XI. RECOMMENDATION .....................................................................................................4 APPENDIX PRELIMINARY ASSESSMENT ROLL..........................................................................................1 ESTIMATED CONSTRUCTION COSTS OPTION 1 .....................................................................2 ESTIMATED CONSTRUCTION COSTS OPTION 2 ...........3 iPRELIMINARY PLAN ...................................................................................................................4 l I I ii 13593.000 1 28TH STREET NORTH STREET IMPROVEMENTS CITY OF"LAKE ELMO, MINNESOTA h. INTRODUCTION A petition was received by the City of Lake Elmo requesting the paving of 28th Street North. The City Clerk verified the petition and it was presented at the , September 5 2006 p City Council Meeting. Council direction, at that meeting, was to prepare a Feasibility Report to pave 28th Street North. 1 ll. INITIATION The City Council initiated this Project. A 4/5th's vote of the City Council is necessary to order this Project. 1 EXISTING CONDITIONS I The street currently is gravel surfaced, it varies in width from 22 feet at the intersection with Jamley Avenue, down to a single driveway width at the ends. There are six houses and one undeveloped lot which use the street for access. The street has never been improved to City standards. It has recently had a watermain installed. There is no storm sewer, or well defined ditches. r . III. IMPROVEMENT There is 33 feet of Right-of-Way along this roadway, which is approximately half of the typical Right-of-Way for a standard municipal street. This reduced Right-of-Way eliminates the possibility of a turn-around being constructed. Because a turn-around cannot be built, 1 the minimum street width recommended is 22 feet. This width will allow snow plows and other large vehicles to more easily back-up. The north edge of the pavement would be 3 feet off of the northern Right-of-Way line. 'i The roadway would be constructed to the City standard section of 12 inches of Class 5 1 aggregate base, 1.5 inches of bituminous non-wear, and 1.5 inches of bituminous wear. i Further soil investigation would be necessary to determine if additional soil correction measures are needed. 1 13593.000 i The western portion of the road appears to have very soft soils, and does flood during some springs. It is not proposed to pave this portion of the street because of these factors. No ponding or other storm water treatment is planned, due to the narrow Right-of-Way. City Council has also requested that a cost estimate be prepared for a road section of 6 inches of Class 5 aggregate base 2 inches of bituminous wear, and 18 feet wide. This estimate is also included in the Appendix. IV. PERMITS AND APPROVALS None. V. ESTIMATED PROJECT COSTS ! The prices quoted herein are from Park Construction Company's Unit Prices provided for the Tablyn Park/Lake Elmo Heights Watermain Extension project. A detailed cost estimate is located in the Appendix. I , 4 Recommended Street Project Cost I Item Estimated Cost Estimated Construction Cost $ 60,222.78 Indirect Costs $ 5,000.00 Estimated Project Cost $ 65 222.78 , Optional Street Project Cost Item Estimated Cost Estimated Construction Cost $ 35 627.09 Indirect Costs $ 5,000.00 Estimated Project Cost $ 40,627.09 I , 2 13593,000 i f VI. PROJECT FINANCING This Project will be financed by assessments to benefiting properties, and a General Fund Contribution. Funding from our Grant from 3M for the watermain project would cover about $7,000 of the cost. Because this project is not in the Cit 's Capitol Improvement P P 7 Y p p Ian, there is no funds budgeted for this project in 2006. VII, PROJECT ASSESSMENTS This street has not previously been upgraded to City Standards. The City needs to determine an assessment rate for the project. i . Recent appraisals by the City have shown that the increase in value for an upgraded road } ; for a neighborhood such as this is about $2,500.00 per buildable lot. The City may also choose to assess the full value of the j roec p t to the benefiting � properties, since there has been no previous road built here. ASSESSMENT OPTION 1: Base on an assessment of $2,500.00 to each buildable lot which uses this street, the City would collect $17,500.00. The City would contribute the remaining $41,000.00 ASSESSMENT OPTION 2: Entire project cost to be assessed equally to each buildable lot. Allowing for the 1 contribution from 3M, this would yield an assessment rate of$8,300 per buildable lot. VIII. RIGHT-OF-WAY No additional Right-of-Way is required. l I 3 13593.000 1 IX. PROJECT SCHEDULE The proposed Project schedule is as follows: 1. Feasibility Report Received by City Council September 19, 2006 2. Public Hearing October 17, 2006 3. City Council Authorizes preparation of October 17, 2006 Plans and Specifications 4. City Council Approves Plans, Authorizes November 8, 2006 I Advertisement for Bids l 5. Open Bids November 30, 2006 1 6. City Council Awards Bid December 5, 2006 7. Contractor Begins Construction Spring, 2007 I , 8. Contractor Completes Construction Spring, 2007 9. Assessment Hearing Spring, 2007 . X. STATEMENT OF FEASIBILITY 0 The construction of the street improvements considered in this Feasibility Report are g i feasible from an Engineering standpoint. The economic feasibility is to be determined by 1 the City Council and residents involved. 1 , XI. RECOMMENDATIONS •1 We recommend the City proceed with the option of a 22-foot wide street on a standard city street section. The project should be done in phases, with the existing Contractor placing the gravel base. This will allow any settling to occur over the winter. • Next summer the paving would be completed under a separate bid. 10 It is recommended that the assessments be set at$2,500 per unit. 1 4 13593.000 i APPENDIX I I I t 1 PRELIMINARY ASSESSMENT ROLL Name/Address Proposed As sessment ssessment 1 Dave and Linda Hardy $2,500.00 2742 Ivy Avenue Julie and Lance Ray $2,500.00 9043 28th Street Richard Lloyd and Jodi Law $2,500.00 9049 28th Street Glen and Connie Wichelmann $2,500.00 I 9065 28th Street Richard and Nancy Lohmann $2,500.00 9079 28th Street Robert Schumacher $2,500.00 9155 28th Street Robert Schumacher $2,500.00 j 9155 28th Street j TOTAL ,$ p 1 I 1 I . I I I ' I ENGINEER'S ESTIMATE 28TH STREET IMPROVEMENTS-OPTION 1 TK7�A CITY OF LAKE ELMO,MINNESOTA TKDA PROJECT NO.13593,000 ENGINEERS•ARCHITECTS•PLANNERS ENGINEER'S ESTIMATE ITEM UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT 28th SREET N. STREET WORK _ 1 ICOMMON EXCAVATION 794.0 CY $ 21.45 $ 17,031.30 2 JAGGREGATE BASE,CL.5 1320.0 TN $ 11.39 $ 16,034.80 3 ITYPE LV-3 BIT.NON-WEAR COURSE MIXTURE 172.0 TN $ 52.44 $ 9,019.66 4 ITYPE LV-4 BIT.WEAR COURSE MIX 172.0 TN $ 68.25 $ 10,019.00 5 1 BITUMINOUS MATERIAL FOR TACK COAT 87.0 GA $ 2.68 $ 233.16 6 JBIITLIMINOUS DRIVEWAY APRON 2" NEW 68.0 SY $ 49,21 $ 3,346,28 7 SAW&SEAL STREET(40'INTERVALS) 374.0 LF $ 1.44 $ 538.50 r 8 LAWN RESTORATION 1.0 LS $ 6,000,00 $ 51000.00 ITOTAL $ 60,222.78 i I : Y i , I., Page 1 I ' ENGINEER'S ESTIMATE 28TH STREET IMPROVEMENTS-OPTION 2 TKDA CITY OF LAKE ELMO,MINNESOTA TKC,A PROJECT NO.13693.000 ENGINEERS•ARCHITECTS•PLANNERS l ENGINEER'S ESTIMATE ITEM UNIT TOTAL NO, DESCRIPTION QUANTITY UNIT PRICE AMOUNT 28th SREET N.(STREET WORK 1 COMMON EXCAVATION 386.0 CY $ 21.45 $ 8,258.25 2 AGGREGATE BASE,CL,5 600.0 TN $ 11.39 $ 6,834.00 3 TYPE LV-4 BIT.WEAR COURSE MIX 200.0 TN $ 58.25 $ 11,660,00 4 BITUMINOUS DRIVEWAY APRON(2")(NEW) 68.0 SY $ 49.21 $ 3,346.28 5 SAW&SEAL STREET(40'INTERVALS) 374.0 LF $ 1.44 $ 538.56 6 LAWN RESTORATION 1.0 LS $ 5,000,00 $ 5000.00 ( TOTAL $ 35,627.09 I _ I Is I I I Page 1 I ` zl I I I o Lj > I I I o CD I I l o 0 0 j I BI I I--------- W 0 GRAVEL DRIVEWAY I I 00 I w PROPSED 22' WIDE FUTURE DRIVEWAY ®I + I I I Lai M iv BITUMINOUS ROAD r : I Y//�� `V 4" BITUMINOUS CURB 28TH STREET N. � - - - - - r-- r- - .. ... .. .. .p. .. .. . . ... ... ..... .. ... . _ ...... . .. .... _ -- - - - - I 4" BITUMINOUS CURB II 2Ih2 N i 9043 M79 L191 pVE904990655 90 WELL NOT FOUND N E N TKDA aa 3 I 0 30 60 0 9 / E 0 g N N M E o E _ m� IM A PROJECT N0. 13593.000 FEASIBILITY STUDY $ LAKE ELMO, MINNESOTA 28TH STREET N. ENGINEERS•ARCHITECTS•PLANNERS SEPTEMBER 13, 2006 STREET IMPROVMENTS General No Parking Regulations. The following is a summary of the provisions of Minnesota Statutes Section 169.041 which would apply to vehicles and trailers in the City of Lake Elmo: TOWING 1. Towing Order Required. The City may not tow a motor vehicle or trailer from public property unless the City's law enforcement officer has prepared, in addition to the parking citation, a written towing report describing the motor vehicle or trailer and the reasons for towing. The report must be signed by the officer and the tow driver. 2. Four (4) Hour Waiting Period. The City may not tow, or allow or require the towing of a motor vehicle or trailer from public property for a parking or traffic violation until four (4) hours after the issuance of a traffic ticket or a citation, except as hereinafter provided: (a) The vehicle is parked in violation of snow emergency regulations; (b) The vehicle is parked in a rush hour restricted parking area; (c) The vehicle is blocking a driveway, alley or fire hydrant; (d) The vehicle is parked in a bus lane, or at a bus stop, during hours when parking is prohibited. (e) The vehicle is parked within thirty (30) feet of a stop sign and visually blocking the stop sign; (f) The vehicle is parked in a handicap transfer zone or handicapped parking space without a handicapped parking certificate or handicapped License plate; (g) The vehicle is parked in an area that has been posted for temporary restricted parking at least twelve (12) hours in advance; (h) The vehicle is parked within a right of way of a controlled access highway or within the traveled portion of a public street when travel is allowed there; (i) The vehicle is unlawfully parked in a zone that is restricted by posted signs to use by fire, police, public safety or emergency vehicles; (j) A law enforcement official has probable cause to believe that the vehicle is stolen, or that the vehicle constitutes or contains evidence i of a crime and impoundment is reasonably necessary to obtain or preserve the evidence. (k) The driver, operator, or person in physical control of the vehicle is taken into custody and the vehicle is impounded for safekeeping; (l) A law enforcement official has probably cause to believe that the owner, operator, or person in physical control of the vehicle has failed to respond to five or more citations for parking or traffic offenses; (m) The vehicle is unlawfully parked in a zone that is restricted by posted signs to use by taxicabs; (n) The vehicle is unlawfully parked and prevents egress by a lawfully parked vehicle; (o) The vehicle is unlawfully parked, on a school day during prohibited hours, in a school zone on a public street where official signs prohibit parking; (p) The vehicle is a junk, abandoned or unauthorized vehicle, as defined in Minnesota Statutes Section 168B.011, and subject to immediate removal under Minnesota Statutes Chapter 168B; or (q) The vehicle is located so as to constitute an accident or traffic hazard to the traveling public, as determined by the City's law enforcement agency. F:%users\Janice\Jerry\LRGeneral Parking Reguiations.doc 2 DRAFT CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE RELATING TO TOWING OF ILLEGALLY PARKED VECHILES AND TRAILERS The Lake Elmo City Council hereby ordains that Sections 100.06 Subd. 1 and Subd. 2 and Section 1000.01 are amended; and that Section 100.06 Subd. 5, Section 1005.01 Subd. 3 and 1005.045 and its subdivisions are hereby added to the City Code to read as follows: 100.06 Subd. 1 Petty Misdemeanor. Whenever an action or omission is declared by this Code to be a petty misdemeanor, any person violating the provision shall, upon conviction, be subject to a fine not more than $300.00, plus the cost of prosecution Subd. 2 Misdemeanors. Unless another penalty is expressly provided in this Code, any person violating any provision of this Code, or any rule or regulation adopted in pursuance thereof or any other provision of any code adopted in this Code by reference, including any provisions declaring an act or omission to be a misdemeanor shall, upon conviction, be subject to a fine of not more than $1,000.00 or imprisonment for a term not to exceed ninety (90) days, or both, plus, in either case, the cost of prosecution. 100.06 Subd. 5 Miscellaneous Fines. Any person who violates the provisions of Section 1005.045 shall, upon conviction, be subject to a fine of not less than $150.00 nor more than $300.00, plus the cost of prosecution. 1000.01 Adoption of Highway Traffic Regulations. The regulatory provisions and definitions of MS Chapter 169, the Highway Traffic Regulation Act, and of MS Chapter 168B are, by this Section, adopted as the traffic code and parking regulations for the use of highways, streets, alleys and other portions of the City and are, by this Section, incorporated in and made a part of this Code. The parking provisions shall apply to the parking of trailers as well as vehicles. 1005.01 Subd. 3 Trailers. The provisions of Section 1005 and its subdivisions shall apply to the parking of trailers as well as vehicles. 1005.045 Parking of Trailers. No trailer shall be parked in the following "No Trailer Parking" zones unless a temporary parking permit has been issued by the City Administrator as provided in Section 1005.05 (a) Lake DeMontreville Public Access: 1. 53rd Street from DeMontreville Trait to the west of the street. 2. DeMontreville Trail from 50th Street to DeMontreville Circle. 3. Highlands Trail from Hilltop Avenue to DeMontreville Trail; and from DeMontreville Trail to Highland Trait Court. 4. Hytrail from Highlands Trail to 59th Street 5. 50th Street From Hilltop Avenue to the east end of the street (b) Lake Jane Public Access 1. Lake Jane Trail from Irvin Court to Tapestry Drive 2. Jamaca Avenue from Lake Jane Trail to 42nd Street 3. Jane Road from Lake Jane Trail to Jane Court THE LAKE ELMO CITY COUNCIL HEREBY ORDAINS THAT SECTION 1005.03 SUED. 1 IS REPEALED. ADOPTION DATE: Passed by the Lake Elmo City Council on the day of 12006. EFFECTIVE DATE: This Ordinance shall be effective the day following its publication. Dated: , 2006 Dean Johnston, Mayor ATTEST: Marty Rafferty, City Administrator PUBLICATION DATE: Published on the day of , 2006 F:\users\Janice\Jerry\LE\Itlegally Parked Vehicles ordinance.doc 2 Existing No Parking Locations in Tri Lakes Area J 0 N�r Lake DeMontreville n J Olson Lake a Lake Jane O L Z c� �a E �a N No Parking Locations Map Created: August 8, 2006 Proposed Vehicle & Trailer Towing Locations in Tri Lakes Area 9hst o� ti 0 Lake DeMontr ville 0 o St N Olson Lake Lake Jane �L1J ® O Z m E a i� 1 i N Proposed Towing Locations Map Created: September 13, 2006 • • � . • • • 4 �I�IIQII � i■ � •- ��11111111� � � � � ot �, .�� _ r � Ili•+_ _.► WIN AMR 11�1 ii�i a �■40 MEMO MIM '. ::�/ '� ♦ �/l�i�..�■.� . ,ice,, Lake Jane IL %Is �_�i� .������.:����■ �1�� �III✓����i�1=�l��i�*�� .�� illlliii' • • ' • • • . • -• -• •- 11• Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9A City Council September 19, 2006 Agenda Item: Comp Plan Amendment & Rezoning—Apostolic Church Site (10°i Street) Background Information for September 19, 2006: This City Council-initiated 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 both staff and the Planning Commission. The matter was again on the Council's agenda September 5 and tabled to September 19 to be considered by a full 5 member Council (only 4 members were present on September 5). Person responsible: Action items: 0q3 Motion to adopt Resolution#2006 —Approving a Comprehensive CY ner Plan Amendment, subject to Metropolitan Council concurrence. If the Resolution is Adopted Motion to adopt Ordinance#97 — amending the Lake Elmo Zoning Map for conformance with Resolution #2006 - . Said ordinance not to be published until receipt of Metropolitan Council concurrence with the Plan amendment Resolution. Attachments: Time Allocated: 1. July 15, 2006 Agenda Materials Comprehensive Plan Amendment—Apostolic Bible Church Site: PF to RAD City of Lake Elmo Washington County,, Minnesota Resolution No. 2006-093 A RESOLUTION GRANTING A COMPREHENSIVE PLAN AMENDMENT GUIDING LAND USE FROM PF TO RAD TO THE CITY OF LAKE ELMO WHEREAS,the City of Lake Elmo has made application for a Comprehensive Plan Amendment, amending the land use guiding from PF to RAD for the following parcel of land; to wit: Legal Description That part of the Southeast Quarter of the Southeast Quarter of Section 28, Township 29, Range 21, Washington County, Minnesota, described as follows: Commencing at the southwest corner of the Southeast Quarter of said Section 28; thence on an assumed bearing of North 88 degrees 53 minutes 28 seconds East, along the south line of said Southeast Quarter, 1770.00 feet to the point of beginning; thence North 01 degrees 06 minutes 32 seconds West 245.00 feet; thence northeasterly, along a tangential curve, concave to the southeast, having a radius of 241.75 feet and a central angle of 40 degrees 00 minutes 00 seconds, 168.77 feet;thence North 38 degrees 53 minutes 28 seconds East, tangent to the last curve, 125.60 feet;thence northerly along a tangential curve, concave to the Northwest, having a radius of 254.72 feet and a central angle of 39 degrees 40 minutes 47 seconds, 176.41 feet; thence North 00 degrees 47 minutes 19 seconds West, tangent to the last curve, 74.17 feet;thence northeasterly along a tangential curve, concave to the southeast,having a radius of 60.00 feet and a central angle of 39 degrees 1 i minutes 42 seconds,41.04 feet to a point of reverse curve; thence northeasterly, northerly and westerly along said reverse curve, concave to the southwest,having a radius of 60.00 feet and a central angle of 162 degrees 33 minutes 43 seconds, 170.24 feet; thence North 00 degrees 47 minutes 19 seconds West, not tangent to last curve,257.85 feet; thence South 88 degrees 47 minutes 13 seconds West, parallel with the north line of said Southeast Quarter of the Southeast Quarter 591.91 feet to the west line of said Southeast Quarter of the Southeast Quarter; thence southerly along the west line of said Southeast Quarter of the Southeast Quarter 1116.18 feet to the southwest corner of said Southeast Quarter of the Southeast Quarter; thence easterly along the South line of said Southeast Quarter of the Southeast Quarter 464.71 feet to the point of beginning. Excepting the south 3 3.00 feet of said Southeast Quarter of the Southeast Quarter. Note: The above-described Parcel contains 14.352 Acres, more or less. WHEREAS,the Lake Elmo Planning Commission considered this Comprehensive Plan Amendment request at its July 10, 2006 meeting, and recommended that the Comprehensive Plan Amendment be granted. WHEREAS,the Comprehensive Plan Amendment request was presented to the City Council at its July 18,2006 City Council Meeting where the following Findings were made: 1. The subject site is an `island' of PF surrounded by RAD land use guiding which is essentially 'spot-guiding' with no factual basis to support the existing PF classification, and RAD land use guiding continues to surround the site on three sides. 2. The record of the 1989 City action to reclassify the site from RAD to PF fails to provide Findings to support that reclassification beyond the interests of the property owner leading to the conclusion that an error may have resulted by the action. 3. There has been no evidence that the property owner intends to execute development of the site as a church during the past 7+years. Conditions appear to have changed from those existing at the time of the 1989 Comprehensive Plan Amendment classifying the site as PF. The property owner has been officially notified of this pending amendment, and has not responded. NOW,THEREFORE,BE IT RESOLVED that the land use designation on the Lake Elmo Comprehensive Plan for the foregoing, described property is hereby amended from PF to RAD subject to review and concurrence by the Metropolitan Council. ADOPTED by the Lake Elmo City Council this 19th day of September, 2006 Dean. A. Johnston, Mayor ATTEST: Martin Rafferty, City Administrator r- ORDINANCE 97- 6 78 CITY OF LAKE ELMO WASHINGTON COUNTY MINNESOTA AN ORDINANCIE AMENDING THE 1979 MUNICIPAL CODE OF LAKE ELMO The City Council of the City of Lake Elmo ordains: Section 1. .Amendment. Section 301.070C of the 1979 Municipal Code of Lake Elmo adopted_October 16, 1979. It is hereby amended to the change the zoning district map by rezoning the following described parcel from Public Facility to Rural Residential, to wit: That part of the Southeast Quarter of the Southeast Quarter of Section 28, Township 29, Range 21, Washington County,Minnesota, described as follows: Commencing at the.southwest corner of the Southeast Quarter of said Section 28; thence on an assumed bearing of North 88 degrees 53 minutes 28 seconds East, along the south line of said Southeast Quarter, 1770.00 feet to the point of beginning;thence North 01 degrees 06 minutes 32 seconds West 245.00 feet; thence northeasterly,along a tangential curve, concave to the southeast,having a radius of 241.75 feet and a central angle of 40 degrees 00 minutes 00 seconds, 168.77 feet; thence North 38 degrees 53 minutes 28 seconds East,tangent to the last curve, 125.60 feet;thence northerly along a tangential curve, concave to the Northwest,having a radius of 254,72 feet and a central angle of 39 degrees 40 minutes 47 seconds, 176.41 feet;thence North 00 degrees 47 minutes 19 seconds West;tangent to the last curve, 74.17 feet; thence northeasterly along a tangential curve, concave to the southeast,having a radius of 60.00 feet and a central angle of 3 9 degrees 11 minutes 42 seconds,41.04 feet to a point of reverse curve; thence northeasterly,northerly and westerly along said reverse curve, concave to the southwest,having a radius of 60.00 feet and a central angle of 162 degrees 33 minutes 43 seconds, 170.24 feet;thence North 00 degrees 47 minutes 19 seconds West, not tangent to last curve, 257.85 feet; thence South 88 degrees 47 minutes 13 seconds West,parallel with the north line of said Southeast Quarter of the Southeast Quarter 591.91 feet to the west line of said Southeast Quarter of the Southeast Quarter; thence southerly along the west line of said Southeast Quarter of the Southeast Quarter 1116.18 feet to the southwest comer of said Southeast Quarter of the Southeast Quarter; thence easterly along the South line of said Southeast Quarter of the Southeast Quarter 464.71 feet to the point of beginning. Excepting the south 33.00 feet of said Southeast Quarter of the Southeast Quarter.. Note: The above-described Parcel contains 14.352 Acres,more or less. Section 2. Effective Date. This ordinance shall become effective upon its passage and publication. Adopted by the City Council of the City of Labe Elmo this I9th day of September, 2006 Dean A. Joluistor4 .Mayor Martin Rafferty, City Administrator I PUBLIC HEARING: Comprehensive Plan Amendment RA' 4. and Rezoning for the Apostafic Church Site . .. . The Planner said the City Council initiated this petition to reclassify and rezone this 13 acre portion of a parcel on the north side of 10'h Street from PF to RAD (Comp Plan) ; and PF to RR (zoning). He reported that no church construction has Caren place over 17 years, nor has there been any indication from the owner that. church construction is contemplated in the near future.. THE CxIAMIAN OPENED THE PUBLIC HEARING AT 8:18 P.M. THE CHAIR3JAN CLOSED THE PUBLIC HEARING AT 8:1.9 P.M. WSIP, Ptacek/Deziel To r=ommend amending the Comprehensive Plan to reclassify the site owned by Apostolic Church from PF to R.AD. Vote: 6:0. .MIS/P, Ptacek/Van Zandt To recommend the Apostolic Bible Church site to be rezoned.from PF to RR on the condition that the Comprehensive Plan amendment to mclassitr the site to R.AD is approved Vote: 6:0 UnAFT DRAFT LAKE ELMO PLANNING-COMgaSSI N STAFF REPORT Date: July 7, 2006 for the Meeting of July 10, 2006 Applic mt•' City of Lake Elmo by It's City Council. Location: 8890 10t' Street North Requested .fiction.: Comprehensive Plan Amendment and Rezoning Land Use Plan Guiding. PF Existing Zoning: PF Site History and Existing Conditions: City records regarding this 38 acre (overall) site date back to 1988. The site owner (Apostolic, Bible Church) applied to the City to rezone the entire 38 acres from RR (Rural Residential) to PF (Public/Semi-Public Facilities) with the specific intent to build a church. There were also indications that the applicant may,include a seminary facility on the site. No application or discussion of a corresponding Comprehensive Plan amendment appears in the 1989/1989 records of this proceeding, except reference to a clause in the City Zoning Ordinance (that remains to this day as 301.060 E.8) stating that a rezoning action automatically amends the Comprehensive Plan to conform with the zoning. while that may have been the understanding of the City at that time (Comp Plan responds to zoning), Minnesota court decisions (and Statute amendments) that may have taken place subsequent to 1988/1989 clearly prescribe that zoning must respond to the Comp Plan. Hence (at least today) there can be no rezoning that is inconsistent with the Land Use Plan. Today, the Plan must be amended first. Following initial review, Public Hearing and discussion at the Planning Commission level the applicant amended the rezoning application to reduce the area of the requested action to the westerly 13 + acres (net of road right-of-way) of the 38+ acre site. Although the Planning Commission recommended denial of the application, the City Council did eventually approve it and a related land division. That land division is not, however, of record with Washington County. In 1991 the property owner (Apostolic Church) was asked by the City if they intended to proceed with the church project to which they responded in the affirmative, but that construction would not start until at least 1994. This inquiry by the City was initiated responsive to a suggestion that the land be rezoned back to RR since no church constriction had taken place. In 1999 the church advised the City that it planned to move forward with church construction during 1998. This may have been responsive to concurrent work by the City to amend the PF zoning district standards in a manner that was viewed by this.church (and others) as constraining. Those PF amendments were eventually adopted by the City. There has been no contact of the City by the church regarding building plans since at least 2000. 'Discussion and Analysis: The City Council has recently directed Staff to process a City Council-initiated Comprehensive Plan. amendment for the subject 13+ acres to reclassify the Plan land use from PF to RAD -- consistent with the surrounding lands. The Council also initiated a complimentary rezoning process for the site to reclassify zoning from PF to RR — again consistent with surrounding properties. The property owner (and property owners within 350 feet of the site) have been notified of the proposed actions. Comprehensive Plan amendments are generally based on one or both of the following: 1. A change of conditions regarding the subject site, or the surrounding area. 2. An error in the existing Plan classification. Staff review of the substantial records regarding the 1988/1989 proceedings that lead -to the rezoning of this site from. RR to PF reveal (as noted above) that there was no discussion of the Comprehensive Plan amendment except the reference to the "zoning equals Plan" clause of the Zoning Ordinance. No findings regarding either change of conditions or error supported that Plan amendment— rather, a basic determination of whether it was the "right" or "wrong" action by the City biased on a substantially different understanding of the importance of comprehensive plans that cities are required by Statute to adopt in 2006. Staff concedes the advantages of 20l20 hindsight as we address the land use guiding and zoning of this site today-- 17 years after the action. There were no specific findings (reflected in Minutes) in support of the 1989 action to assist in determining the reasons for the actions — beyond the applicant's ownership of the site —no error claimed, nor any change of conditions claimed (other than site ownership). Today, that alone could easily be construed as an error in the 1989 action, and the basis to return the site to RAD land use classification and RR zoning that the site held $ prior to the 1989 action to rezone (and automatically reclassify in the Comp Plan). As the City has witnessed during the recent consideration of the Lakewood Church Comp Plan Amendment and rezoning applications, PF land use guiding and zoning tends to be a special case � that is not easily addressed by planning theory of practice. Predeterming the need for and geographic placement of the PF-type uses as Comprehensive Plans are prepared is seldom accomplished, except in the case of large PUD projects (often hundreds of acres). In those cases the project alone may suggest PF needs (such as schools) and even church sites by mere project scale. Beyond that, PF land use decisions (other than accommodating existing PF uses) becomes an ad hoc practice based as much on judgment by planners and policy makers as on factual circumstances. Findings and Recommendations: Staff suggests the following Findings be considered regarding the City Council initiated application for amendment of the Comprehensive Plan to reclassify this site from PF to RAD: 1. The subject site is a 13 acre "island" of PF surrounded. by RAD land use guiding -- essentially "spot guiding„ with no factual basis to support the existing PF classification, and RAD land use guiding continues to surround the site on 3 sides. 2. Tlie record of the 1989 City action to reclassify the site from RAD to PF fes to Provide Findings to support that reclassification beyond the interests of the property owner leading to the conclusion.that an error may have resulted by the action. 3. There has been no evidence that.the.property owner intends to execute developmeixt of the site as a church during the past 7+ years: Conditions appear to have changed from those existing at the time of the 1989 Comprehensive Plan amendment classifying the site as PR The property owner has been officially notified of this pending amendment, and has not responded. Based on the foregoing, staff recommends the Comprehensive-Plan be amended for this site to reclassify the site in the Land Use Plan from PF to RAD, subject to the Metropolitan Council concurrence mandated by State Statute. Staff further recommends that the subject site be rezoned form PF to RR on the condition that the recommended Comprehensive Plan amendment is adopted by the City Council and concurred in by the Metropolitan Council. Planni rkg Commission.Actions Requested: .Motion to recommend the Comprehensive Plan be amended for the site known as the Apostolic Bible Church site to reclassify the site in the Land Use Plan from PF to RAD, subject. to the Metropolitan Council concurrence mandated by State Statute. Motion to recommend that the subject site be rezoned form PF to RR on the condition that the recommended Comprehensive Plan amendment is adopted by the City Council and concurred in by the Metropolitan Council. Charles E. Dillerud, City Planner Attachments: 1. Location Map ' i II ry II i 13214 MIT TOW 7"m TM i I 'STUN Z230 'C17N 727N I I� i _— - -- VIDInity Neap RAID G «r N a s G 4� RAD SItL PF RAD ' 1 Oth Street North 6 BOO almis in Feet RA1a •mi.u..�aw[..ul.t..eRmew.n Yd1.pOCYIWAl.l1HId1.601�g6My wyw.fpvrb.[Wr.Kgmn oa.oyspo.e, 7M[W.hIp NM.W 6.NW MTO.�.IP6 wronn mH•wrwnpen tsNMyWnol I! mwamw..Mwen nomq�eurgnh anb.. Location Map '"�"�,'•'°`� •-- I Paadnrn�....�R,00,nd...lan Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 913 City Council September 19, 2006 Agenda Item: Meeting with Oak Park Heights City Council—Buberl/Nass/Bidon Annexation Background Information for September 19,2006: The captioned property owners have (again) submitted a September 5, 2006 request to Oak Park Heights to have lands in Lake Elmo between the Kern Center and Manning -parallel to Highway 36 - detached form Lake Elmo and annexed to Lake Elmo. By his September 14 letter the Oak Park Heights City Council has requested a joint meeting with the Lake Elmo City Council at the Oak Park Heights City Hall at 6:00 PM on Tuesday, September 26, 2006 to discuss the property owner's annexation request. September 26 is an "off' Tuesday for the City Council. The property owners have not notified Lake Elmo of their annexation request to date. New State Law (effective August 1, 2006) now requires approval by both cities in a concurrent detachment/annexation action as this would be. Formerly only the City annexing the property needed to approve the action. Person onsible: Action items: �Ijer (JAY Direction to staff as to how to advise Oak Park Heights regarding whether the Lake Elmo City Council will be available"to meet with the Oak Park Heights City Council on this matter September 26. Attachments: Time Allocated: City of Oak Park Heights 14168 Oak Park Blvd N•Box 2007.Oak Park Heights,MN 55082 a Phone(651)439-4439 Fax(651)439-0574 September 14,2006 Mr.Marty Rafferty City Administrator City of Lake Elmo 3800 Laverne Ave.North Lake Ehtn.o,MN 55042 IH;s Annexation Request Dear Marty, The City of Oak Park.Heights has received a request for annexation from three persons owning land.in the City of Lake Elmo.Please see the attached information. Oak Park Heights is obliged to respond to the request in some form.Accordingly,the Oak Park Heights City Council wishes to hold a work session with the Lake Elmo City Council to discuss this request prior to taking any material action or response. We suggest that such work session be held at 6 pm,on Tuesday,September 26",2006 at the Oak Park Heights City Hall,rear conference room.Please let me know if such date and time is satisfactory or if there are other comments or questions, I look forward to hear' o Bard '104- ric.l on City inistrator Cc: Weekly tes September S, 2006 Dear: City of Oak Park Heights Mayor, Council and Staff, We the following land.owners (Robert Buberl, Thomas Bidon, and Bernard Nass) wish to have our properties annexed into the City of Oak Park Heights. We have requested to the City of Lake Elmo to have our properties rezoned for the benefit of the people to development the property for the highest and best use. The City of Lake Elmo has denied our requests for rezoning and to provide the public with the highest and best use for the property. We request the City of Oak Park Heights to take action to have our properties annexed into your city. We the laud owners will pay all the cities costs associated for the annexation process. We look forward to working with the city on the annexation process. Thanic you., Landowners cc: City of Lake Elmo Mayor, Council and Staff i I I r oak parts neigats mn_ croogle maps vage i or i Address Oak Paul Heights, MIN 65082 Maps p Cb ew lee ib l date�zotls n�vr�-froth—at R of U p i' http://www.google.com/maps?f q&hl=eat&q=oak+park+heights+mn&ie=L7FS&z=15&11=... 9/6/2006 s u' r- Fvx.S•',. DF�Jt+,X , e• y','6''' r 37- -{. i'i' aafs tC, r3 �t` i is�+1 k his' Af.� I ra 4' rY :J" .F t r'y?Yfyy- - % 4 ?-', _*; t �lat 7 i 54 - t ' +.• s'. } r ,'. _ Ia V', �tl.;f, f l i f ,''` S•.. �y, i�'+ },7 4 ' sr 'tom_ � !�'• �s,_;td I "7:'.9 b 1 yb- 'Ik%•;.. .. _ , _ ,f '` •y1 AA r 7t .. L -s;x$i.. 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J: ♦ ." },:_`,'a .t. } t t R I ' ' �a 7.6 V��- ::Is'' :'f iI:j ''• Lake Elmo Agenda Section: Planning. Land Use and Zoning No. 9C City Council September 19, 2006 Agenda Item: Metro Transit Park&Ride Proposal Background Information for September 19,2006: Metro Transit/Metro Council staff presented a concept plan for a 500 car Park&Ride facility to the City Council Workshop on September 12. The facility is proposed by Metro Transit to be located at the Northwest Quadrant of I-94 and Keats Avenue in Lake Elmo. The City Council directed the subject be added to the September 19 Council Regular Meeting Agenda. Planning staff advises the City Council that the site proposed for the Park&Ride is land use classified "Limited Business" (Future Sewer) by the recently adopted 2030 Comprehensive Plan. The site is also currently zoned"Limited Business". A Park&Ride facility such as that proposed by Metro Transit would require a"Public Facilities"land use classification (and a Comprehensive Plan Amendment to attain that classification) and a rezoning from LB to PF as well. In addition, Conditional Use Permit and Site Plan approvals would be required(i the site is reguided and rezoned to PF). No planning& zoning applications have been made nor required Hearings conducted regarding this manner to date. The Comprehensive Plan Amendment and rezoning would both be super majority(4 vote) decisions at such time as the proper&legal requests are made and processed by the City as prescribed by State Statute and City Ordinance. Person responsible: Action items: None recommended pending formal applications. City Planner Attachments: Time Allocated: CITY OF LAKE ELMO WASHINGTON COUNTY,MINNESOTA RESOLUTION NO. 2006-099 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS TABLYN PARKILAKE ELMO PLUMBING CONNECTION WHEREAS, the City Engineer has prepared plans and specifications for the Tablyn Park/Lake Elmo Heights Plumbing Contract (Contract A) 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 , 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 19th day of September, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator t CITY OF LAKE ELMO WASHINGTON COUNTY,MINNESOTA RESOLUTION NO. 2006-100 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS TABLYN PARK/LAI(E ELMO PLUMBING CONNECTION WHEREAS,the City Engineer has prepared plans and specifications for the Tablyn Park/Lake Elmo Heights Plumbing Contract(Contract B) and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MLNNESOTA: 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 , 2006 Council meeting, in the Council chambers of the City Hail, and that no bids will be considered unless sealed and filed with the cleric 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 19th day of September, 2006. Doan A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator DRAFT CITY OF LAKE ELMO CITY COUNCIL MEETING SEPTEMBER 5, 2006 L AGENDA 2. MINUTES: August 15, 2006 3. PUBLIC INQUIRIES/PUBLIC INFORMATIONAL: A. PUBLIC INQUIRIES: B. PUBLIC INFORMATIONAL: (1) CIC Presentation on Senior Housing E (2) Resolution No. 2006-094: Lake Elmo Bank 95fh 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 Blkktop r pany G. Pay Estimate for Water Tower: CB&1 Cons true�tor's H. Pay Estimate for Park: Tablyn Pare Elmo I I is 1. Resolution No. 2006-090: Ordering se He : :': g for Water System Interconnect Phase IV > `42`4i`Y' 4 J. Resolution No. 2006-091: ` ,Bid f.' 06 MS A Resurfacing 'g. 5. FINANCE: A. Resolution No. 2006mM Bud- , seri lion: Adoption of Proposed Tax Levy and Proposed 2007 Budget V '; B. Resolution No.20: -_09�8 `'het Truth in Taxation Hearing Dates 6. NEW BUSINESS" 'Norse 7. MAINTENA1 E/PARK/FII EIBUILDING: A. Parks Dep '' verbal) (1) Carriage"S; tian Basketball Court (2) Announce 1 orks Open House (3) " B. Fire Dept.: Update on Dept. Activities (verbal) (1) Recognize Explorers (2) Recognize Two Engineer Certified Firelighters (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 i DRAPE' B. Apostolic Church Site: (Tabled) Resolution No. 2006-093: Camp 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 ATTORNEY'S REPORT: A. Ziertrnan/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 l'P September 13, 2006: City Council Workshop—6 PM 813 PM September 14, 2006: Community Open House on Gro dwater Con 6nation-- OakLand Junior High School `' September 16, 2006: Open House at New Public xks AM_Noon M y . 10 : i 'I I LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5,2006 2 i