HomeMy WebLinkAboutOct 6th, 2009 council packet City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo,Minnesota
October 6, 2009
7:00 p.m.
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE:
C. ATTENDANCE: Johnston DeLapp, Emmons, Park
Smith
D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City
Council will do its business.)
E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings
so everyone attending the meeting or watching the meeting understands how the
City Council does its public business.)
F. GROUND RULES: (These are the rules of behavior that the City Council
adopted for doing its public business.)
G. APPROVE MINUTES:
1. Approval of the September 15, 2009 City Council minutes
H. PUBLIC COMMENTSIINQUIRIES: In order to be sure that anyone wishing to
speak to the City Council is treated the same way, meeting attendees wishing to
address the City Council on any items NOT on the regular agenda may speak for
up to three minutes.
I. CONSENT AGENDA: (Items are placed on the consent agenda by City staff and
the Mayor because they are not anticipated to generate discussion. Items may be
removed at City Council's request.)
2. Approve payment of disbursements and payroll
3. Adopt Resolution No. 2009-039 approving bond sale for Tablyn Park entrance
and lot
4. Approve 2009 Street Improvements Payment Certificate#2 in the amount of
$185,143.08 to be paid to Tower Asphalt, Inc. from the Project Fund.
5. Approval of MPCA easements for monitoring wells in Sunfish Lake Park
6. Acceptance of the infrastructure improvements in Prairie Ridge Office Park
J. REGULAR AGENDA:
7. Variance: Consideration of an application to permit the construction of a 147
sq.ft. addition to the house which increases the non-conforming impervious
surface coverage at 8199 Hill Trail N.; Resolution No. 2009-040
8. Zoning Text Amendment: Consideration of the addition of definitions to
Chapter 11 of the City code as well as revisions to section 154.081 regarding
permitted encroachments; Ordinance No. 08-017
K. REPORTS AND ANNOUNCEMENTS:
(These are verbal updates and do not have to be formally added to the agenda.)
• Mayor and City Council
• Administrator
• Planning Director
L. Adjourn
City of Lake Elmo
City Council Minutes
September 15, 2009
Mayor Johnston called the meeting to order at 7:00 p.m.
PRESENT: Mayor Johnston and Council Members DeLapp,Emmons, and Smith
Absent: Council Member Park
Also Present: Interim City Administrator Dawson,Planning Director Klatt, City
Engirseer Stempski,Attorney Snyder,Finance Director Bouthilet and City Clerk Lumby
APPROVAL OF AGENDA:
MOTION: Council Member Smith moved to approve the er 15 2009 City
Council agenda as amended by adding Discussion with,, tropoliCouncil regarding
Wastewater Inefrciency Fees (WIFs). Council Memlrmmons secsed the motion.
The motion passed 4-0. f
ORDER OF BUSINESS:
GROUND RULES: =r
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APPROVED MINUTES: `
The September 1, 2009, Ciouncil les viTre approved by consensus,
PUBLIC COMMENTI ,TQU
Linda Klein, 9 ;03:1 Street ovW-&a letter to the Council regarding the condition of
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property at 924 SI•Street tharesents health hazards. Her pictures and letter will be
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submitted to Attorrienyder4o will be contacting the Washington County Health
Dept..and Sheriff's D .
CONSENT AGENDA:
MOTION- Council Member Smith moved to approve the Consent Agenda as presented.
Council Member Emmons,seconded the motion. The motion passed 4-0.
• Approve payment of disbursements and payroll in the amount of $102,632.53
• Approve 2009 Street Improvements Payment Certificate#1 in the amount of
$42,721.50 to be paid to Tower Asphalt,Inc. from the Project Fund.
REGULAR AGENDA:
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 15,2009 1
Conditional job offers to Bruce "Nick" Witter, Cheryl Pumper and Justin Pumper
Fire Chief Malmquist requested the City Council approve conditional j ob offers to Bruce
"Nick" Witter, Cheryl Pumper and Justin Pumper for firefighters, contingent on their
passing physical exams and psychological screening. With the new probationary
firefighters, the department will have 30 firefighters (8 of which are on probation). The {
authorized complement for the Fire Department is 32. j
I
MOTION: Council Member DeLapp moved to make conditional job offers to Bruce
"Nick" Witter, Cheryl Pumper and Justin Pumper pending the successful outcome of
their department physical and psychological screening each will be placed on
probationary status with the Fire Department, Mayor Johnston seconded the motion.
The motion passed 4-0.
Discussion with Metropolitan Council regarding Wastewater.I ffzciency Fees(WIFs)
Craig Dawson, Interim City Administrator, related that erry Broker, Metropolitan
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Council Representative for District 12, requested that?ayor Johnst"n, d he be at a
meeting she arranged with Met Council Chair Peter=Bell and Region, A ministrator
Tom Weaver for Thursday afternoon.September�I w Thq-P tirpose of the meeting will be
to start to identify the process and information that A,ise needed for a successful
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petition to make revisions in the schedule o dq,velopmerxt and Wastewater Inefficiency
Fees, (WIFs). -
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MOTION: Council Member DeLmp °moved �a�thorize Council Member Smith. to
participate in the meeting with , Me#opolita scouned on Thursday, September 1.7.
Council Member Emmons Bond the von. "°e motion passed 3-1. (Mayor Johnston
voting against because the Nlgafyielecte °present the City and it was unnecessary
to have a Council Member,ther"�rid that could complicate discussions.)
Consider accepttig a proposaTtar the onstruction of a picnic shelter at Carriage Station
Park '§
AA
Carol Kriegler, Project tsiIaiit, reported the Parks Commission recommended that City
Council accept a pros Stotko Speedling Construction for the construction of a
20' x 20' picnic shelter at Carriage Station Park at a base cost of$36,500,plus the
additional cost for a five-inch slab and apron extension of the concrete floor with the
expenditure coming out of the Park Improvement Fund. In addition, the Council was
asked to authorize expenditures of up to $2,000 for equipment rental, materials and
supplies related to site preparation, restoration and landscaping work that would be done
by the City's public works staff.
Lowes Companies Inc. offered the City a grant of materials and supplies valued at
approximately $11,000 to be used for the construction of a park picnic shelter. The Lake
Elmo Jaycees have also offered to support the project through a gift of$4,000.
Contractors were made aware of the availability of these resources during the proposal.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 15, 2009 2
Proposals were received for the construction of a smaller shelter at Carriage Station Park
and a:larger shelter at DeMontreville Park. The Park Commission reviewed the proposals
and recommended unanimously to move forward with the construction of the smaller
shelter at Carriage Station Park. The Park Commission expressed that it would like to
reconsider locations for the larger shelter and delay construction of the larger shelter until
next spring,
MOTION., Council Member DeLapp moved approval of acceptance of the Stotko
Speedling proposal for construction of a park shelter in Carriage Station Park at a base
cost of$36,500 plus ,$925 for enhancements to the concrete floor, and for authorization
of expenditures for equipment rental, supplies and materials related to site preparation,
restoration and landscaping to be conducted by the public works staff with the
expenditures coming from the Park Improvement Fund. Council Member Smith seconded
the motion. The motion passed 3-0-1 (Mayor Johnston abstained 'om voting because he
saw a need for more objectivity on public policy.)
Consider a request to amend the landscape plan for St Gx Sanciry subdivision
* .
Kyle Klatt,Planning Director,reported on the prq,osed amendment to Th approved
landscape plan for the St. Croix's Sanctuary deve mentr 'liis action would require a
modification to the OP—Open Space Preservation lxtrct requirements which must be
approved by a 4/5ths vote of the Council ecause it would substantially reduce the .
number of boulevard trees below the mimruln threshold required in the ordinance. The
developer had defaulted on the development,-,agreement acid there were insufficient funds
to complete the landscape plan as� gr_oved.
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The general consensus Pla C54-i Comm, ion 'vas that the proposed plan was a
reasonable substitute plan and iat:;tke Sanctuary residents' support of this plan was
important to take account:Themission recommended approval of the revised
landscape plan with-an 6ifift.114%kthe second condition to read as follows.
• Two treesn .cr new bui%ng site,provided by the builder or homeowners, shall be
provided ixiUfrontX prior to the issuance of a certificate of occupancy for
new homes on eveloped lots as of September 15, 2009.
Representatives from Landscape Architecture Inc. provided a proposed landscape plan
package based off of the $30,000 to $35,000 range that was provided by the City staff.
In the future, there will be a standardized check list for landscape and driveway escrows,
tighter inspections and a new standard development agreement.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 15, 2009 3
MOTION: Council Member Smith moved to approve the revised landscape plan for the
St. Cr oix's Sanctuary development subject to the following conditions: Mayor Johnston
seconded the motion. The motion passed 4-0.
The implementation of the plan shall adhere to all recommendations from the
City Forester as documented in a report to the City dated September 8, 2009.
• Two trees per new building site, provided by the builder or homeowners, shall 1;
be provided in the front yard prior to the issuance of a certificate of'occupancy
fir new homes on all undeveloped lots as of September 15, 2009.
Review of City policy concerning signs placed within public rights-of-way
Kyle Klatt, Planning Director, reported the City Council has requested a review of the
City's policy regarding the enforcement of signs placed within tk ublic right-of-way.
The City's ordinance reads as follows with regards to signs plad-within the right-of-
way:
Public lands and rights-of-way. No signs f ier6thaP overnmen l signs
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shall be erected or temporarily placed witfi=r�any_T ir�et right-of-way
or upon public lands or easements or rights-oys without Council
approval. ti~
The Planning Director pointed out that one Wthe9ssestaat impacts the City's ability to
enforce this ordinance is that not_, txeets in9City have uniform boulevard areas, if
7
any at all. In terms ofdevelap g a p one enforcement of these types of signs,
staff suggested a policy re"Of�ing sig0vub7 boulevards.
MOTION: Mayor Jo1? tca mo .to approve the proposed policy regarding signs on
public boulevards tr7 a t7z m0 eview on effectiveness. Council Member DeLapp
seconded the mTn. The m�atn paed 4-0.
• The City wall. nove_ _. sign within a public right-of-way that has not received
Council approv c lacement in said right-of-way.
All confiscated signs will ne held by the City for a minimum of 14 days, after
which time the signs will be destroyed.
• The City will make an effort to contact companies by telephone that are violators
of City Code.
• The City will not make any special attempts to contact the owner of a sign
confiscated from a public right-of-way, but will allow sign owners to pick up their
signs during normal business hours at City hall within the two-week retention
period.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 15, 2009 4
Direction to Planning Commission regarding storage of boats and trailers
Kyle Klatt, Planning Director,reported the City Council has requested time to discuss the
City's ordinance regarding the storage of boats and trailers on private property.
The Council asked staff to take the following direction to the Planning Commission for a
recommendation.
• In the shoreland district boats and trailers are parked in the front yard, define front
yard in shoreland district.
•; Define rear yards on unique lots for parking boats/trailers.
•. Consider language for inconspicuous placement on lots.
The meeting was adjourned at 9:45 p.m.
Respectfully submitted by Sharon Lumby, City C10k
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=s:a•�M yc_��
• ��T�NY.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 15, 2009 5
City Council
10/6/2009
CONSENT
Item: 2
AGENDA ITEM: Approve disbursements in the amount of: $ 634,852.18
SUBMITTED BY: Tom Bouthilet,Finance Director
THROUGH: Bruce A Messelt, City Adminstrato 7
REVIEWED BY: City Staff
Claim# Amount Description
ACH $ 8,392.70 Payroll Taxes to IRS 09/24/09 & 9/30/09
ACH $ 1,398.07 Payroll Taxes to Mn Dept.of Revenue 09/24/09
DD2412 - DD2426 $ 18,771.12 Payroll Dated 09/24/2009 (Direct Deposit)
34716 - 34723 $ 11,658.87 Payroll Dated 09/24/2009 (Payroll)
34724 $ 2,354.05 Special Payroll Run
34725 $ 199.00 Mn Dept. of Employment&Eonomic Dev.
34726 - 34792 $ 592,078.37 Accounts Payable Dated 10/06/2009
Total: $ 634,852.18
SUMMARY AND ACTION REQUESTED:The City Council is being asked to approve disbursements
in the total amount of $634,852.18
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City Council
Date: 10/06/09
CONSENT
Item: 3
MOTION:
AGENDA ITEM: Resolution Authorizing Issuance, Awarding Sale for the
payment of$575,000 General Obligation Improvement
bond, Series 2009B
SUBMITTED BY: Tom Bouthilet, Finance Director
THROUGH: Bruce A. Messelt, City Administrato6t 111
REVIEWED BY: Paul Dunna, Northland Securities
Dorsey & Whittney
SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider Authorizing
Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of
$575,000 General Obligation Improvement Bonds, Series 20096.
BACKGROUND: The City Council set the date of October 6, 2009 for the sale of$ 575,000
General Obligation Improvement Bond Series 2009B for the 2009 Street Improvements at the
August 18, 2009 City Council meeting. The reconstruction of the entry and parking lot was added
to the proposed bond issue after the initial 429 proceeding. This resolution is contingent on the
completion of the 429 proceeding which is the inclusion of the Tablyn Park portion of the project.
The Public Hearing is set for the October 20, 2009 City Council meeting.
RECOMMENDATION: Staff recommends that the Council adopt the proposed resolution.
MOTION FOR CONSIDERATION: Move to adopt the resolution Authorizing Issuance, Awarding
Sale for the payment of$575,000 General Obligation Improvement Bond, Series 2009B
Councilmember introduced the following resolution and moved its
adoption,which motion was seconded by Councilmember
RESOLUTION NO. c�QQ9 — 039
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $575,000 GENERAL OBLIGATION IMPROVEMENT
BONDS, SERIES 2009B
BE IT RESOLVED by the City Council, City of Lake Elmo, Minnesota(the City), as
follows:
SECTION 1. AUTHORIZATION AND SALE.
1.01. Authorization. This Council,by resolution duly adopted on August 18, 2009,
authorized the issuance and sale on the date hereof of its General Obligation Improvement
Bonds, Series 2009B (the Bonds),pursuant to Minnesota Statutes, Chapters 429 and 475.
Proceeds of the Bonds will be used to finance various improvement projects in the City(the
Proj ect).
1.2. Sale. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2,paragraph (9),
the requirements as to public sale do not apply to the issuance of the Bonds. A proposal has been
received from Northland Securities,Inc.,Minneapolis, Minnesota(the"Purchaser"). In
accordance with the terms of offering for the Bonds, it is hereby determined to issue the Bonds in
the principal amount of$575,000 at a price of$ plus accrued interest of$ ,
and upon the further terms and conditions set forth herein. The sale of the Bonds is hereby
awarded to the Purchaser, and the Mayor and City Administrator are hereby authorized and
directed to execute a contract on behalf of the City for the sale of the Bonds in accordance with
the terms of the proposal,provided that the Bonds shall not be issued until the City has
consolidated the Project for purposes of Minnesota Statutes, Chapter 429.
SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY.
2.01. Issuance of Bonds. All acts, conditions and things which are required by the
Constitution and laws of the State of Minnesota to be done,to exist, to happen and to be
performed precedent to and in the valid issuance of the Bonds having been done,now existing,
having happened and having been performed, it is now necessary for the City Council to
establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds
forthwith.
2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be
originally dated as of October 1, 2009, shall be in the denomination of$5,000 each, or any
integral multiple thereof, of single maturities, shall mature on January 15 in the years and
amounts stated below, and shall bear interest from their date of issue until paid or duly called for
redemption, at the annual rates set forth opposite such years and amounts, as follows:
I
Year Amount Rate Year Amount Rate
2011 $30,000 % 2016 $60,000 %
2012 55,000 2017 60,000
2013 60,000 2018 65,000
2014 60,000 2019 65,000
2015 60,000 2020 60,000
[REVISE MATURITY SCHEDULE FOR ANY TERM BONDS]
The Bonds shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued
by the Registrar described herein, provided that,so long as the Bonds are registered in the name
of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof,principal
and interest shall be payable in accordance with the operational arrangements of the securities
depository.
2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to
Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06,the date of
authentication shall be noted on each Bond so delivered,exchanged or transferred. Interest on
the Bonds shall be payable on January 15 and July 15 in each year, commencing July 15, 2010,
each such date being referred to herein as an Interest Payment Date,to the persons in whose
names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's
close of business on the fifteenth day of the month immediately preceding the Interest Payment
Date,whether or not such day is a business day. Interest shall be computed on the basis of a
360-day year composed of twelve 30-day months.
2.04. Redemption. Bonds maturing in 2018 and later years shall be subject to
redemption and prepayment at the option of the City, in whole or in part, in such order of
maturity dates as the City may select and,within a maturity, by lot as selected by the Registrar
(or, if applicable, by the bond depository in accordance with its customary procedures) in
multiples of$5,000, on January 15, 2017, and on any date thereafter, at a price equal to the
principal amount thereof and accrued interest to the date of redemption. The City Administrator
shall cause.notice of the call for redemption thereof to be published if and as required by law,
and at least thirty and not more than 60 days prior to the designated redemption date, shall cause
notice of call for redemption to be mailed, by first class mail, to the registered holders of any
Bonds to be redeemed at their addresses as.they appear on the bond register described in Section
2.06 hereof, but no defect in or failure to give such mailed notice of redemption shall affect the
validity of proceedings for the redemption of any Bond not affected by such defect or failure.
Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so
to,be redeemed shall, on the redemption date,become due and payable at the redemption price
therein specified and from and after such date(unless the City shall default in the payment of the
redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial
redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge,
representing the remaining principal amount outstanding.
[COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS-
2
i
I
ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS]
i
[Bonds maturing on January 15, 20 and 20 (the Term Bonds) shall be subject to
mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section
2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued
thereon to the redemption date, without premium. The Registrar shall select for redemption, by
lot or other manner deemed fair, on January 15 in each of the following years the following
stated principal amounts of such Bonds:
Term Bonds MaturingJanuary anuary 15, 20—
Year Principal Amount
The remaining $ stated principal amount of such Bonds shall be paid at
maturity on January 15, 20
Term Bonds Maturing January 15, 20—
Year Principal Amount
The remaining $ stated principal amount of such Bonds shall be paid at
maturity on January 15, 20
Notice of redemption shall be given as provided in the preceding paragraph.]
2.05. Appointment of Initial Re isg tray. The City hereby appoints Northland Trust
Services, Inc., Minneapolis, Minnesota, as the initial bond registrar, transfer agent and paying
agent (the Registrar). The Mayor and City Administrator are authorized to execute and deliver,
on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the
Registrar with another corporation, if the resulting corporation is a bank or trust company
organized under the laws of the United States or one of the states of the United States and
authorized by law to conduct such business, such corporation shall be authorized to act as
successor Registrar, The City agrees to pay the reasonable and customary charges of the
Registrar:for the services performed. The City reserves the right to remove the Registrar,
effective upon not less than thirty days' written notice and upon the appointment and acceptance
of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and
Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the
successor Registrar.
3
2.06. Registration. The effect of registration and the rights and duties of the City and the
Registrar with respect thereto shall be as follows;
(a) Register. The Registrar shall keep at its principal corporate trust office a
register(the Bond Register) in which the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to
be registered,transferred or exchanged. The term Holder or Bondholder as used herein
shall mean the person(whether a natural person, corporation, association,partnership,
trust, governmental unit, or other legal entity)in whose name a Bond is registered in the
Bond Register.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by
the Holder thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly
authorized by the Holder in writing, the Registrar shall authenticate and deliver, in the
name of the designated transferee or transferees, one or more new Bonds of a like
aggregate principal amount and maturity, as requested by the transferor. The Registrar
may,however, close the books for registration of any transfer after the fifteenth day of
the month preceding each interest payment date and until such interest payment date.
(c) Exchange of Bonds. At the option of the Holder of any Bond in a
denomination greater than.$5,000, such Bond may be exchanged for other Bonds of
authorized denominations, of the same maturity and a like aggregate principal amount,
upon surrender of the Bond to be exchanged at the office of the Registrar. Whenever any
Bond is so surrendered for exchange the City shall execute and the Registrar shall
authenticate and deliver the Bonds which the Bondholder making the exchange is entitled
to receive.
i
(d) Cancellation. All Bonds surrendered for payment,transfer or exchange shall
be promptly canceled by the Registrar and thereafter disposed of as directed by the City.
(e) lmproper or Unauthorized Transfer. When any Bond is presented to the
Registrar for transfer,the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Registrar shall incur no liability for
the refusal, in good faith,to make transfers which it, in its judgment,deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Bond is at any time registered in the Bond Register as the absolute
owner of the Bond,whether the Bond shall be overdue or not,for the purpose of
receiving payment of or on account of the principal of and interest on the Bond and for
all other purposes, and all payments made to or upon the order of such Holder shall be
valid and effectual to satisfy and discharge the liability upon such Bond to the extent of
the sum or sums so paid.
4
� it
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except
for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge
upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other
goverrunental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become
mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like
amount, number, maturity date and tenor in exchange and substitution for and upon
cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond
destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the
Registrar in connection therewith, and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed,
stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an
appropriate bond or indemnity in form, substance and amount satisfactory to it, in which
both the City and the Registrar shall be named as obligees. All Bonds so surrendered to
the Registrar shall be canceled by it and evidence of such cancellation shall be given to
the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been
called for redemption in accordance with its terms it shall not be necessary to issue a new
Bond prior to payment.
(i) Authenticating_A ent, The Registrar is hereby designated authenticating
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1, as amended.
(j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds
shall be the valid obligations of the City, evidencing the same debt, and entitled to the
same benefits under this Resolution as the Bonds surrendered upon such transfer or
exchange.
2,07, Execution, Authentication and Delivery. The Bonds shall be prepared under the
direction of the City Administrator and shall be executed on behalf of the City by the signatures
of the Mayor and the City Administrator, provided that the signatures may be printed, engraved
or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of
whose signature shall appear on any Bond shall cease to be such officer before the delivery of
such Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes,
the same as if such officer had remained in office until the date of delivery of such Bond,
Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled
to any security or benefit under this Resolution unless and until a certificate of authentication on
the Bond, substantially in the form provided in Section 2,09, has been executed by the manual
signature of an authorized representative of the Registrar. Certificates of authentication on
different Bonds need not be signed by the same representative. The executed certificate of
authentication on any Bond shall be conclusive evidence that it has been duly authenticated and
delivered under this Resolution. When the Bonds have been prepared, executed and
authenticated, the City Administrator shall deliver them to the Purchaser upon payment of the
purchase price in accordance with the contract of sale heretofore executed, and the Purchaser
shall not be obligated to see to the application of the purchase price.
5
2.08. Securities Depository, (a) For purposes of this section the following terns shall
have the following meanings:
"Beneficial Owner"shall mean, whenever used with respect to a Bond, the person in
v�hose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the
records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee
of DTC with respect to.the Bonds.
"DTC" shall mean The Depository Trust Company of New York,New York.
"Participant" shall mean any broker-dealer, bank or other financial institution for which
DTC holds Bonds as securities depository.
"Representation Letter"shall mean the Representation Letter pursuant to which the City
agrees to comply with DTC's Operational Arrangements.
(b) The Bonds shall be initially issued as separately authenticated fully registered bonds,
and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon
initial issuance,the ownership of such Bonds shall be registered in the bond register in the name
of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee)
as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment
of the principal of or interest on the Bonds, selecting the.Bonds or portions thereof to be
redeemed, if any, giving any notice permitted or required to be given to registered owners of
Bonds under this resolution, registering the transfer of Bonds, and for all other purposes
whatsoever,.and neither the Registrar nor the City shall be affected by any notice to the contrary.
Neither the Registrar not the City shall have any responsibility or obligation to any Participant,
any person claiming a beneficial ownership interest in the Bonds under or through DTC or any
Participant,or any other person which is not shown on the bond register as being a registered
owner of-any Bonds,with respect to the accuracy of any records maintained by DTC or any
Participant, with respect to the payment by DTC or any Participant of any amount with respect to
the principal of or interest on the Bonds, with respect to any notice which is permitted or
required to be given to owners of Bonds under this resolution,with respect to the selection by
DTC or any Participant of any person to receive payment in the event of a partial redemption of
the Bonds, or with respect to any consent given or other action taken by DTC as registered owner
of the Bonds. So long as any Bond is registered in the name of Cede& Co., as nominee of DTC,
the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with
respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements,
and all such payments shall be valid and effective to fully satisfy and discharge the City's
obligations with respect to the principal of and interest on the Bonds to the extent of the sum or
sums so paid. No person other than DTC shall receive an authenticated Bond for each separate
stated maturity evidencing the obligation of the City to make payments of principal and interest.
Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede& Co., the Bonds will be transferable to such new
nominee in accordance with paragraph (e) hereof.
b
i
I
(c) In the event the City determines that it is in the best interest of the Beneficial Owners
that they be able to obtain Bonds in the form of bond certificates,the City may notify DTC and
the Registrar,whereupon DTC shall notify the Participants of the availability through DTC of
Bonds in the form of certificates. in such event;the Bonds will be transferable in accordance
with paragraph (e)hereof. DTC may determine to discontinue providing its services with respect
to-the Bonds at any time by giving notice to the City and the Registrar and discharging its
responsibilities with respect thereto under applicable law. In such event the Bonds will be
transferable in accordance with paragraph(e)hereof.
(d) The execution and delivery of the Representation Letter to DTC, if not previously
filed with DTC,by the Mayor or City Administrator is hereby authorized and directed.
(e) In the event that any transfer or exchange of Bonds is permitted under paragraph(b)
or.(e)hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of
the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted
transferee in accordance with the provisions of this resolution. In the event Bonds in the form of
certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as
owner of all the Bonds,or another securities depository as owner of all the Bonds, the provisions
of this resolution shall also apply to all matters relating thereto, including, without limitation,the
printing of such Bonds in the form of bond certificates and the method of payment of principal of
and interest on such Bonds in the form of bond certificates.
2.09. Form of Bonds. The Bonds shall be prepared in substantially the following form:
7
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2009E
No. R- $
Interest Rate Maturity Date Date of Original Issue CUSIP No.
January 15, 20_ October 1, 2009
REGISTERED OWNER: CEDE& CO.
PRINCIPAL AMOUNT; THOUSAND DOLLARS
CITY OF LAKE ELMO, State of Minnesota(the City)acknowledges itself to be
indebted and for value received hereby promises to pay to the registered owner specified above,
or registered assigns, the principal amount specified above on the maturity date specified above
and promises to pay interest thereon from the date of original issue specified above or from the
most recent Interest Payment Date (as hereinafter defined)to which interest has been paid or
duly provided for, at the annual interest rate specified above,payable on January 15 and July 15
in each year, commencing July 15, 2010 (each such date, an Interest Payment Date), all subject
to the provisions referred to herein with respect to the redemption of the principal of this Bond
before maturity, The interest so payable on any Interest Payment Date shall be paid to the person
in whose name this Bond is registered at the close of business on the fifteenth day(whether or
not a business day)of the calendar month immediately preceding the Interest Payment Date.
Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day
months. The interest hereon and,upon presentation and surrender hereof at the principal office
of the Registrar described below,the principal hereof are payable in lawful money of the United
States of America by check or draft drawn on Northland Trust Services, Inc., Minneapolis,
Minnesota, as bond registrar,transfer agent and paying agent, or its successor designated under
the Resolution described herein(the Registrar). For the prompt and full payment of such
principal.and interest as the same respectively become due, the full faith and credit and taxing
powers of the City have been and are hereby irrevocably pledged.
This.Bond is one of an issue(the Bonds) in the aggregate principal amount of$575,000
issued pursuant to a resolution adopted by the City Council on October 6, 2009 (the Resolution),
to finance various improvement projects in the City and is issued pursuant to and in full
conformity with the Constitution and laws of the State of Minnesota thereunto enabling,
including Minnesota Statutes, Chapters 429 and 475. The Bonds are issuable only in fully
registered form, in the denomination of$5,000 or any integral multiple thereof, of single
maturities.
8
E
I
Bonds maturing in 2018 and later years shall be subject to redemption and prepayment at
the option of the City, in whole or in part, in such order of maturity dates as the City may select
and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond
depository in accordance with its customary procedures)in multiples of$5,000, on January 15,
2017, and on any date thereafter, at a price equal to the principal amount thereof and accrued
interest to the date of redemption. The City shall cause notice of the call for redemption thereof
to be published if and as required by law, and at least thirty and not more than 60 days prior to
the designated redemption date, shall cause notice of call for redemption to be mailed, by first
class mail, to the registered holders of any Bonds, at the holders' addresses as they appear on the
bond register maintained by the Registrar, but no defect in or failure to give such mailed notice
of redemption shall affect the validity of proceedings for the redemption of any Bond not
affected by such defect or failure. Official notice of redemption having been given as aforesaid,
the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and
payable at the redemption price therein specified and from and after such date (unless the City
shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease
to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to
the owner without charge, representing the remaining principal amount outstanding.
[COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS-
ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS]
[Bonds maturing in the years 20 and 20 shall be subject to mandatory
redemption, at a redemption price equal to their principal amount plus interest accrued thereon to
the redemption date, without premium, on January 15 in each of the years shown below, in an
amount equal to the following principal amounts:
Term Bonds Maturing in 20-- Term Bonds Maturing in 20--
Sinking Fund Aggregate Sinking Fund Aggregate
Payment Date Principal Amount Payment Date Principal Amount
Notice of redemption shall be given as provided in the preceding paragraph.]
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Registrar, by the
registered owner hereof in person or by the owner's attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or the owner's attorney, and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City
will cause a new Bond or Bonds to be issued in the name of the designated transferee or
registered owner, of the same aggregate principal amount, bearing interest at the same rate and
maturing on the same date; subject to reimbursement for any tax, fee or governmental charge
required to be paid with respect to any such transfer or exchange.
9
The Bonds have been designated as "qualified tax-exempt obligations"pursuant to
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not,for the purpose of
receiving:payment as herein provided and for all other purposes, and neither the City nor the
Registrayshall be affected by any notice to the contrary.
Notwithstanding any other provisions of this Bond, so long as this Bond is registered in
the name.of Cede& Co., as nominee of The Depository Trust Company, or in the name of any
other nominee of The Depository Trust Company or other securities depository, the Registrar
shall pay tall principal of and interest on this Bond, and shall give all notices with respect to this
Bond, only to Cede&Co. or other nominee in accordance with the operational arrangements of
The Depository Trust Company or other securities depository as agreed to by the City.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist,to happen and to be performed prior to and in the issuance of this Bond in order to make
it a valid and binding general obligation of the City in accordance with its terms,have been done,
do exist,have happened and have been performed as so required;that, prior to the issuance
hereof,the City Council has by the Resolution covenanted and agreed to levy ad valorem taxes
upon all taxable property in the City and special assessments upon property specially benefited
by the local improvements financed by the Bonds,which taxes and special assessments will be
collectible for the years and in amounts sufficient to produce sums not less than five percent in
excess of the principal of and interest on the Bonds when due, and has appropriated such special
assessments and taxes to its General Obligation Improvement Bonds, Series 2009B Bond Fund
for the payment of principal and interest;that if necessary for payment of principal and interest,
additional ad valorem taxes are required to be levied upon all taxable property in the City,
without limitation as to rate or amount and that the issuance of this Bond, together with all other
indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and
delivery,does not cause the indebtedness of the City to exceed any constitutional or statutory
limitation of indebtedness.
'This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF,the City has caused this Bond to be executed on its behalf by
the facsimile signatures of its Mayor and City Administrator.
CITY OF LAKE ELMO, MINNESOTA
(facsimile signature—Mayor) (facsimile signature—City Administrator)
CERTIFICATE OF AUTHENTICATION
10
1
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication:
i
NORTHLAND TRUST SERVICES, INC.,
as Registrar
By
Authorized Representative
The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to the applicable laws or regulations:
I1
City Council
Date: October 6, 2009
CONSENT
Item: 4
Motion
AGENDA ITEM: 2009 Street Improvements Payment Certificate No, 2
SUBMITTED BY: Ryan Stempski, Assistant City Engineer
THROUGH: Bruce A. Messelt, City Administrator
REVIEWED BY: Tom Bouthilet, Finance Director
Jack Griffin, City Engineer
SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve partial
payment to Tower Asphalt, Inc., the Contractor for the 2009 Street Improvements project. Tower
Asphalt, Inc. has submitted Partial Payment Certificate No. 2 in the amount of$185,143.08, This
request has been reviewed and payment is recommended in the amount requested.
ADDITIONAL INFORMATION
5% of the work completed through Partial Payment Certificate No. 2 has been retained amount of
$11,992.87 in accordance with the Contract documents.
SUGGESTED MOTION FOR CONSIDERATION
Payment is authorized in the amount of$185,143.08 to be paid from the Project Fund for the
2009 Street Improvements project.
ATTACHMENTS
1. Payment Certificate No. 2 for the 2009 Street Improvements Project
I
444 Cedar Street,Suite 1500TKDA
'
Saint Paul,MN 65101-2140
The right time•The rift people The right wnipwiy. (651)292-4400
(651)292-0908 fax
www.tkda.com
Proj{No. 14353.001 Cert.No._ 2. St.Paul,MN, September 30 20�-_ 09
T6 City of Lake Elmo,Minnesota Owner
ThisCertifies that Tower Asphalt , Contractor
For 2009 Street lnmroyements
Is entitled to One Hundred Eighty-Five Thousand One 11midred rorty-Three Dollars and.08/100 ($ 185.143.08 1
being 2nd estimate for partial payment on contract with you elated July 7;_•,„•_,_ 2009
Received payment in full of above Certificate: TKDA
Tower Asphalt, Inc.
2009 Ryan VW, St i,P.E
RECAMULAUON OF ACCOUNT
CONTRACT
PLUS EXTRAS PAYMENTS CREDITS
Contract price plus extras $ 417,811.50
Allprevious payments $ 42,721.50
All previous credits
Extra No.
II 11
11 11
11 11
11 11
Credit No. $ -
It ,1
It It
It It
It It
AMOUNT OF THIS CERTIFICATE $ 185,143.08
Totals $ 417,811.50 $ 227,864.58 $
Credit Balance $ -
There will rernain unpaid on contract after
payment of this Certificate $ 189,946.92
$ 417,811,50 $ 417,811.50 $•
An Employee Owned Company PromD&g Afflrmallvo Action and Equal Opportunity
i
nMA
Engineering-Architecture-P l among
PFRIiODICAL ESTIMATE FOR PARTIIA.L PAYMEN'TS
Estimate No. 2 Period Ending_ September 25 .20 09 Page 1 of 1 Proj.No. 14353.001
Contractor Tower Asphalt Original Contract Amount $417.811.50
Project 2009 Street improvements
Location Ci!y of bake Elmo,Minnesota
Total Contract Work Completed $ 239,857A5
Total Approved Credits $ 0.00
Total Approved Bara Work Completed. $ 0.00
Approved Extra Orders Amount Completed $ 0.00
TotalAmount Famed This Estimate $ 239,857.45
Ltss Approved Credits $ 0,00
less 5 %Retained $ 11,992.87
Less Previous Payments $ 42721.50
Total Deductions $ 54,714.37
Amount Duo This Hstimate $ 185,143.08
Contractor Date
Tower Asphalt.- q
Engineer L� - Date
Ryan Ste slti,P. .
I
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ESTIMATE NO,2 PERIOD ENDING; September 26,2009
2009 STREET IMPROVEMENTS
0ITY OF LAKE ELM0,M INN ESOTA .
IKDA PROJECT NO, 14353.001
ITEM CONTRACT QUANTITY UNIT AMOUNT
NO, DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE
EDEN PARK DEVELOPMENT
.1 MOBILIZATION LS 1 1.0 $ 1,00D.00 $ 1,000.00
2 TRAFFIC CONTROL LS 1 1,D $ 500.00 $ 500.00
3 SILT FENCE LF 30 - $ 2.50 $ -
4 INLET PROTECTION EA 9 9.0 $ 10o.00 $ 900.00
5 SAWCUT PAVEMENT(ALL TYPES) LF 208 - $ 2,00 $ -
6 REMOVE&DISPOSE OF EXIST.BITUMINOUS PAVEMENT SY 50 $ 5.00
(DRIVEWAY) $
7 REMOVE&DISPOSE OF EXIST,STORM SEWER(ALL TYPES&
SIZES) LF 16 16.0 $ 20.00 $ 320.00
8 SUBGRADE CORRECTION SY 26 - $ 10.00 $ -
9 LOAD&HAUL.RECLAIMED MATERIAL(LV)(P) CY 459 423.0 $ 6,00 $ 2,538.00 j
1D RECLAIM EX.BIT.AND BASE MATERIALS,8-INCH DEPTH SY 14268 14,268.0 $ 1.50 $ 21,402.00 E
11 SUBGRADE PREPARATION OF RECLAIMED SURFACE RS 39 39.0 $ 100.00 $ 3,900.00
12 2360 TYPE LV 3 BITUMINOUS NON-WEARING COURSE TN 1276 1,385.0 $ 51.65 $ 71,635.25
13 2360 TYPE LV 4 BITUMINOUS WEARING COURSE TN 1275 - $ 54.10 $ -
14 BITUMINOUS MATERIAL FOR TACK COAT GAL 713 - $ 1.50 $ -
15 2"-2360 TYPE LV 4 BITUMINOUS WEARING COURSE,DRIVE SY 50 - $ 15.00 $ -
16 SAW &SEAL STREET(40'INTERVALS) LF 3009 - $ 1.66 $ - i
17 ADJUST MANHOLE CASTING EA 2 2.0 $ 400.00 $ 800.00
18 D412 CONCRETE CURB&GUTTER LF 15 29.D $ 70,00 $ 2,030.00 j
19 REPAIR AND ADJUST CATCH BASIN EA 9 9.0 $ 1,0D0.00 $ 9,000.00
20 12"ROP FES WITH TRASH GUARD EA 1 1.0 $ 900.00 $ 900.00
21 CL,.3 RIPRAP W1 GEOTEXTILE FILTER FABRIC CY 3 3.0 $ 100.00 $ 300,00
22 SEEDING,FERTILIZER AND WOOD FIBER BLANKET SY 25 - $ 15.00 $
SUBTOTAL-EDEN PARK DEVELOPMENT $ 115,126.25
i
EDEN PARK 2ND ADDITION
1 MOBILIZATION LS 1 1.0 $ 1,000.00 $ 1,000.00
2 TRAFFIC CONTROL LS 1 1.6 $ 500.00 $ 500.00 .
3 SILT FENCE LF 325 210,0 $ . 2,60 $ 526,00
4 INLET PROTECTION EA 2 1.0 $ 100.00 $ 100.00
5 SAWCUT PAVEMENT(ALL TYPES) LF 11$ 88.0 $ 2.00 $ 176.00
6 REMOVE&DISPOSE OF EXIST. BITUMINOUS PAVEMENT
(DRIVEWAY) SY 25 20.0 $ 5.00 $ 100.00
7 SUBGRADE CORRECTION SY 1662 - $ 2.75 $ -
8 LOAD&HAUL RECLAIMED MATE.R)AL(LV)(P) CY 216 216,0 $ 6.00 $ 1,296.00
9 RECLAIM EX.BIT.AND BASE MATERIALS,B-INCH DEPTH SY 2822 2,822.0 $ 1.50 $ 4,233.00
10 SUBGRADE PREPARATION OF RECLAIMED SURFACE RS 6 6.0 $ 100.00 $ 600.00
11 2360 TYPE LV 3 BITUMINOUS NON-WEARING COURSE TN 252 266.0 $ 61.65 $ 13,738.90
12 2360 TYPE LV 4 BITUMINOUS WEARING COURSE,STREETS TN 266 $ 54.10
(INCL.4" BIT CURB) $ -
13 BITUMINOUS MATERIAL FOR TACK COAT GAL 141 - $ 1.50 $ -
14 2"-2360 TYPE LV 4 BITUMINOUS WEARIN4 COURSE,DRIVE SY 25 - $ 16.00 $ -
15 SAW&SEAL STREET(40' INTERVALS) LF 476 - $ 1.55 $ -
16 REPAIR AND ADJUST CATCH BASIN EA 2 2,0 $ 1,400.00 $ 2,800,00
17 SAWCUT CATCH BASIN EA 1 - $ 200,00 $ -
18 SODDING SY 244 - $ 3.00 $ -
SUBTOTAL-EDEN PARK 2ND ADDITION $ 25,068.90
ESTIMATE NO.2 PERIOD ENDING: September 25,2009 i
I
2009 STREET IMPROVEMENTS
CITY OPLAKE ELMO,MINNESOTA
TKDA PROJECT NO.14353.001
ITEM CONTRACT QUANTITY UNIT AMOUNT
NO, DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE
THE FOREST DEVELOPMENT
1 MOBILIZATION LS 1 1.0 $ 600.00 $ 500.00
2 TRAFFIC CONTROL LS 1 1.0 $ 600.00 $ 500.00
3 SILT FENCE LF 90 87.0 $ 2.60 $ 217.50
4 INLET PROTECTION EA 3 1.6 $ 100,00 $ 150,00
6 SAWCUT PAVEMENT(ALL TYPES) LF 130 98.0 $ 2.00 $ 196.00
6 REMOVE&DISPOSE OF EXIST,BITUMINOUS PAVEMENT
(DRIVEWAY) SY 25 22,0 $ 5.00 $ 110.00•
7 SUBGRADE CORRECTION SY 1176 - $ 2,75 $ -
8 LOAD&HAUL RECLAIMED MATERIAL(LV)(P) CY 318 318.0 $ 6.00 $ 1,908.00
9 RECLAIM EX.BIT.AND BASE MATERIALS,8-INCH DEPTH SY 5977 5,977.0 $ 1.50 $ 8,965.50
10 SUBGRADE PREPARATION OF RECLAIMED SURFACE RS 17 17.0 $ 100,00 $ 1,700,00 j
11 2360 TYPE LV,3 BITUMINOUS NON-WEARING COURSE TN 5344 640.0 $ 52.65 $ 28.431.00
12 2360 TYPE LV 4 BITUMINOUS WEARING COURSE,STREETS TN 538 $ 54.10 $
(INCL.6 BIT CURB _
13 BITUMINOUS MATERIAL FOR TACK COAT GAL 299 - $ 1.50 $ -
14 2"-2360 TYPE LV 4 BITUMINOUS WEARING COURSE, DRIVE SY 25 - $ 15,00 $ -
15 SAW&SEAL STREET(40'INTERVALS) LF 1606 $ 1.65 $ -
16 D412 CONCRETE CURS&GUTTER LF 179 179.0 $ 25,00 $ 4,475.00
17 REPAIR AND ADJUST CATCH BASIN EA 3 - $ 11000.00 $ -
18 SODDING SY 90 - $ 3.00 $ -
SUBTOTAL-EDEN PARK 2ND ADDITION $ 47,153.00
MYRON ELLMAN SU_BDIVIS_IOA!
1 MOBILIZATION LS 1 1.0 $ 1,000.00 $ 1,000.00
2 TRAFFIC CONTROL LS 1 1.0 $ 500,00 $ 600.00
3 SILT FENCE LF 85 63.0 $ 2.50 $ 157.50
4 SALVAGE&REINSTALL SIGN EA 2 - $ 150.00 $ -
5 SAWCUT PAVEMENT(ALL TYPES) LF 181 231.0 $ 2.00 $ 462.00
6 REMOVE&DISPOSE OF EXIST.BITUMINOUS PAVEMENT r
(DRIVEWAY) SY 6� 68.0 $ 6.00 $ 340.00
7 REMOVE&DISPOSE OF EXIST.CONCRETE PAVEMENT
( SY 22
$ 10,00
(DRIVEWAY) 4.0 $ 40.00
8 SUBGRADE CORRECTION SY 130D 51.0 $ 2,75 $ 140.25
9 LOAD&HAUL RECLAIMED MATERIAL(LV)(P) CY 358 368.0 $ 6.00 $ 2,148.00
10 RECLAIM EX.BIT,AND BASE MATERIALS,8-INCH DEPTH SY 3498 3,498,0 $ 1.50 $ 5,247.00
1,1 SUBGRADE PREPARATION OF RECLAIMED SURFACE IRS 13 13,0 $ 100.00 $ 1,300,00
12 2300 TYPE LV 3 BITUMINOUS NON-WEARING COURSE TN 313 30TO $ 52,65 $ 16,163.55
13 2360 TYPE LV 4 BITUMINOUS WEARING COURSE TN 313 - $ 64,10 $ -
14 BITUMINOUS MATERIAL FOR TACK COAT GAL 175 - $ 1.50 $ -
15 2"-2360 TYPE LV 4 BITUMINOUS WEARING COURSE,DRIVE SY 65 - $ 15.00 $ -
16 6"CONCRETE DRIVE SY 22 - $ 80.00 $
17 SAW&SEAL STREET(40'INTERVALS) LF 766 - $ 1.56 $ -
18 ADJUST EXISTING GATE VALVE BOX EA 2.0 3,0 $ 200,00 $ 600,00
19 ADJUST CURB STOP EA 1.0 - $ 200,00 $
20 SODDING SY 259.0 - $ 3.00 $ -
SUBTOTAL-MYRON ELLMAN SUBDIVISION $ 28,098,30
ESTIMATE NO.2 PERIOD ENDING: Septomber25,20C9
2009 STREET IMPROVEMENTS
CITY OF LAKE ELMO,MINNESOTA
TKDA PROJECT N0.14353.001
ITEM CONTRACT QUANTITY UNIT AMOUNT
NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE
TABLYN PARRK ENTRANCE ROAD AND PARKING LOT
1 MOBILIZATION LS 1 1.0 $ 3,500,00 $ 3,500.00
2 TRAFFIC CONTROL LS 1 1.0 $ 500.00 $ 600.00
3 SILT FENCE LF 790 690.0 $ 2,00 $ 1,380.00
4 SAWCUT PAVEMENT(ALL TYPES) LF 86 - $ 2.00 $ -
6 REMOVE&.DISPOSE OF EXIST.PAVEMENT SY 1 B62 1.862.0 $ 2.00 $ 3,724.00
6 SUBGRADE CORRECTION SY 289 - $ 3,00 $ -
7 COMMON EXCAVATION CY 640 640.0 $ 3.00 $ 1,920,00
8 SUBGRADE PREPARATION RS 5 5.0 $ 100,00 $ 600.00
9 PLACE&COMPACT RECLAIMED MATERIAL(FROM OTHER CY 697 767.0 $ 4.00 $ 3,068,00
SITES)
10 2360 TYPE IS 3 BITUMINOUS NON-WEARING COURSE IN 156 - $ 52.65 $ -
11 2360 TYPE LV4 BITUMINOUS WEARING COURSE,STREETS TN 183 $ 54.10
(INCL.4"BIT CURB) $ _
12 BITUMINOUS MATERIAL F'OR TACK COAT GAL 87 - $ 1.60 $
13 SAW&SEAL STREET(40'INTERVALS) LF 388 - $ 1.55 $ -
14 15":RCP CL.5 STORM SEWER PIPE LF 49 44,0 $ 26.00 $ 1,100.00
15 15"RCP FES WITH TRASH GUARD EA 1' 1.0 $ 970,00 $ 970.00
16 48",DIAMETER MANHOLE,TYPE 406S(0'40'DEPTH) EA 2 2.0 $ 2,750.00 $ 5,500.00
17 CATCH BASIN,TYPE 404 EA 1 1.0 $ 2,250,00 $ 2,260.00
18 CL.3 RIPRAP Wl GEOTEXTILE FILTER FABRIC CY 3 - $ 100A0 $ -
19 SEEDING, FERTILIZER AND WOOD FIBER BLANKET SY 35 - $ 3.00 $
20 SODDING SY 504 - $ 3.00 $ -
SUBTOTAL. TABLYN PARK ENTRANCE ROAD AND PARKING LOT $ 24,412.00
TOTAL ESTIMATE NO,2 $ 239,867.45
City Council
Date: 10/6/09
CONSENT
Item:5
AGENDA ITEM: Approve easements to the Minnesota Pollution Control Agency for the
placement of ground water monitoring wells in Sunfish Lake Park and
Lake Jane Hills Park.
SUBMITTED BY: Carol Kriegler, Project Assistant
4157
THROUGH: Bruce A. Messelt, City Administrator
REVIEWED BY: Ryan Stempski, City Engineer l
Kathy Widin, City Forester
Dave Synder, City Attorney
Park Commission
SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve two
easements to the Minnesota Pollution Control Agency for the placement of ground water
monitoring wells in Sunfish Lake Park and Lake Jane Hills Park. The two easements, one for
Sunfish Lake Park and the other for Lake Jane Hills Park,will grant the MPCA the right to
construct, maintain and sample groundwater from two monitoring wells within a limited area of
Sunfish Lake Park and Lake Jane Hills Park. The purpose of the wells is to monitor ground water
pollution in the vicinity of the Washington County Landfill.
ADDITIONAL INFORMATION:
Currently there are single bedrock monitoring wells in two locations at Sunfish Lake Park. The
visible infrastructure associated with these wells is relatively small, measuring about 4' in height
and less than 18" in diameter. They are painted black and blend in relatively well with the natural
park surroundings. These wells were placed in the park in 1995, though an easement granting
the right to place a well in the most southern location was never recorded with the County. The
Minnesota Pollution Control Agency now plans to construct second monitoring wells in close
proximity to each of the existing two wells at Sunfish Lake Park. The additional wells are
necessary because they target bedrock fractures that are common to the landfill and impacted
residential wells. The new wells will be approximately 150' to 194' below the ground surface and
will provide data closer to the landfill. The easement to the Minnesota Pollution Control Agency
for Sunfish Lake Park will grant the MPCA the right to construct, maintain and sample
groundwater from two wells within a limited area of Sunfish Lake Park, where a single well
currently exists with no easement in place.
Currently there is also a single bedrock monitoring well near the southern border of Lake Jane
Hills Park. Lake Jane Hills Park is an undeveloped park parcel acquired for future park space.
These 7 acres of wooded gently rolling landscape are located just west of the Washington County
Landfill adjacent to Jamaca Avenue North and south of 42"d Street. Like the monitoring well in
the southern location of Sunfish Lake Park, an easement granting placement of the Lake Jane
Hills Park monitoring well was never recorded with the County. The Minnesota Pollution Control
Agency now plans to construct a second monitoring well in close proximity to the existing well in
this location as well. Again, this second monitoring well will provide for the opportunity to target
bedrock fractures common to the landfill and impacted residential wells. The easement to the
Minnesota Pollution Control Agency for Lake Jane Hills Park will grant the MPCA the right to
construct, maintain and sample groundwater from two wells within a limited area near the
1
The existing and new well location sites have been reviewed by city staff, including City Forester
Kathy Widin. The construction will not require the removal of any trees or shrubs and the
disruption to the site is considered minimal. The visible infrastructure associated with the new
wells is considerably smaller than that associated with the existing wells.
ACTION Motion:
Move to approval easements to the Minnesota Pollution Control Agency for the placement of
ground water monitoring wells in Sunfish Lake Park and Lake Jane Hills Park.
ATTACHMENTS:
A. Easement to the Minnesota Pollution Control Agency for Sunfish Lake Park and Exhibit 1
B. Easement to the Minnesota Pollution Control Agency for Lake Jane Hills Park and Exhibit
C. MPCA map of Proposed Bedrock Wells in the City of Lake Elmo
2
A
EASEMENT
'PHIS INDENTURE, made this _ day of , 2009, between the City of
Lake Elmo, party of the first pant, and the STATE OF MINNESOTA, a sovereign body, by its
Commissioner of the Minnesota Pollution Control Agency,party of the second part,
WITNESSE'T`H:
WHEREAS, the City of Lake Elmo (the "City"), a political subdivision, owns property
(the"Property")described as:
"Commencing at the Northeast corner of the Northeast Quarter of the Northwest
Quarter (NEl/4 of NW1/4) of Section 15, Township 29 North, Range 21 West,
then South 0 51' 45" East, asstuned bearing, along East line thereof 501.27 feet
to South line of North 30 acres of said NW1/4 and to actual point of beginning of
land to be hereinafter .described, then South 89° 01' 54" West along said South
line of North 30 acres 800 feet, then South 0' 51' 45"East 734.30 feet, then North
89' 01' 54"East 800 feet to East line of said NE1/4 of NW1/4, then North 0" 51'
45"West along said East line 734.30 feet to the actual point of beginning"; and
WHEREAS, Washington County and Ramsey County (collectively, the "Counties)
constructed unique well number 460080 on the Property as part of the groL and water monitoring
system to monitor ground water pollution in the vicinity of the Landfill; and
WHEREAS, pursuant to the Landfill Cleanup Act, Minn, Stat. § 115B.39-115B.445 (the
"Act") 'and the Landfill Cleanup Agreement, recorded on December 14, 1995, and filed as
Document No. 866611, among Washington County, Ramsey County, the City of Lake Elmo, and
the State of.Minnesota, acting through its'Commissioner of the Minnesota Pollution Control
Agency(the "Commissioner"),the Commissioner did assume, after the issuance of the Notice of
Compliance for the Washington County Sanitary Landfill (the "Landfill") dated November 21,
1995, the responsibility and authority to take environmental response actions deemed necessary
related to the Landfill; and
WHEREAS, from November 21, 1995 to date, the MPCA has continued to enter the
Property for the purposes set forth herein; and
:WHEREAS, the Commissioner has the authority to acquire an interest in real property
necessary for environmental response actions under Minn. Stat. § I I5B.1'7, subd. 15; and
WHEREAS, an Easement granting the Counties the right to construct, maintain, and
sample ground water from this well was not recorded with Washington County;and
WHEREAS, the City has agreed to convey to the STATE OF MINNESOTA ace
Easement to a certain parcel of property that the City owns and which is hereinafter described.
NOW, THEREFORE, the said party of the first part for valuable consideration does
hereby grant a perpetual easement, to be released at such time as it is no longer needed, to the
STATE OF MINNESOTA acting through the Commissioner of the Minnesota Pollution Control
Agency for the purposes and under the ternls and conditions as hereinafter described in the
2
following described premises situated in the County of Washington and the State of Mimiesota
shown on the map in Exhibit 1,attached hereto and herein incorporated by reference,to-wit;
"Commencing at the Northeast corner of the Northeast Quarter of the Northwest
Quarter (NE1/4 of NW1/4) of Section 15, Township 29 North, Range 21 West,
then South 0° 51' 45" East, assumed bearing, along East line thereof 1185.57 feet
to actual point-of beginning of land to be hereinafter described,then South 89' 01'
54" West 800 feet, then South 0° 51' 45" East 50 feet, then North 89° 01' 54"
East 800 feet to East line of said NEl/4 of NW1/44, then North 0" 51' 45" West
along said East line 50 feet to the actual point of beginning"; and
:THE PURPOSE AND INTENT OF THIS.EASEMENT IS TO:
r
Permit the Commissioner and employees, agents and contractors of the Commissioner
and the Minnesota Pollution Control Agency to enter the Property and take environmental
response actions (as that terra is defined in Minn. Stat. § 115.02, subd. 18) as the Commissioner
deems necessary to carry out his duties and authorities under the Act, including access to existing
response action equipment and structures, installation of structures and equipment deemed
necessary by the Commissioner,and sampling ground water monitoring wells,
THE EASEMENT IS SUBJECT TO THE FOLLOWING COVENANTS AND
CONDITIONS:
1. The City shall not take or allow others to take any action that interferes with
environmental response actions of the Commissioner.
2. The City shall allow access pursuant to this Easement conditioned only upon
presentation of proper identification.
This Easement 'and the covenants contained herein shall run with the land and shall be
binding on all persons and entities who shall come into ownership or possession of the Property
as described herein.
3
1
t4
i
BY THEIR SIfiNATURES BELOW, THE UNDERSIGNED REPRESENT THAT
THEY HAVE THE AUTHORITY TO BIND THE PARTIES THEY REPRESENT
OWNER.: City of Lake Elmo
Signature:
Name:
Title-
ACKNOWLEDGMENT
State of Minnesota )
)ss.
County of Washington )
The foregoing instrument was acknowledged before me this day of
2009,by
Notary Public
Notary Public, Washington County, MN
My commission expires:
4
Accepted on behalf of
Minnesota Pollution Control Agency
Pursuant to Minn, Stat. § 115B,17,subd, 15
By:
Jeff Lewis
Seeticin Manager
Delegate of the Commissioner of the
Minnesota Pollution Control Agency
ACKNOWLEDGMENT
State of Minnesota )
ss.
County of Ramsey )
The foregoing instrument was acknowledged before me this day of ,
2009, by Jeff Lewis, under the authority of Paul Eger,the Commissioner of Minnesota Pollution
Control Agency, a Minnesota.body politic,on behalf of the State of Minnesota
Notary Public
Notary Public, Ramsey County,MN
My commission expires:
AG;#1781A21-vl
5
EASEMENT
THIS INDENTURE, made this ` day of , 2009, between the City of
Lake Elmo, party of the first part, and the STATE OF MINNESOTA, a sovereign body, by its
Commissioner of the Minnesota Pollution Control Agency, party of the second part.
WITNESSETH:
WHEREAS, the City of Lake Elmo (the "City"), a political subdivision, owns property
(the "Property") described as: "Lake lane Hills 3'd Addition Park"; and
WHEREAS, Washington County and Ramsey County (collectively, the "Counties")
constructed unique well number 188770 on the Property as part of the ground water monitoring
system to monitor ground water pollution in the vicinity of the Landfill; and
WHEREAS, pursuant to the Landfill Cleanup Act, Mirm. Stat. § 115B.39-115B.445 (the
"Act") and the Landfill Cleanup Agreement, recorded on December 14, 1995, and filed as
Document No. 866611, among Washington County, Ramsey County, the City of Lake Elmo, and
the State of Minnesota, acting through its Com-missioner of the Minnesota Pollution Control
Agency(the"Commissioned"), the Commissioner did assume,after the issuance of the Notice of
Compliance for the Washington County Sanitary Landfill (the "Landfill") dated November 21,
1995, the responsibility and authority to take environmental response actions deemed necessary
related to the Landfill;and
WHEREAS, from November 21, 1995 to date, the MPCA has continued to enter the
Property for the purposes set forth herein; and
WHEREAS, the Commissioner has the authority to acquire an interest in real property
necessary for environmental response actions under Minn. Stat. § 115B.17.,subd. 15; and
WHEREAS, an Easement granting the'Cotuities the right to construct, maintain, and
sample ground water from this well was not recorded with'Washington County; and
WHEREAS, the City .has agreed to convey to the STATE OF MINNESOTA an
Easement to a certain parcel ofproperty that the City owns and which is hereinafter described.
NOW, 'THEREFORE, the said party of the first part for valuable consideration does
hereby grant a perpetual easement, to be released at such time as it is no.longer needed, to the
STATE OF MINNESOTA acting through.its Commissioner of the Minnesota Pollution Control
Agency for the purposes and under the terms and conditions as hereinafter described in the
following described premises situated in the County of Washington and the State of Minnesota
shown on the map in Exhibit 1,attached hereto and herein incorporated by reference,to-wit;
A strip of land commencing at the southeast corner of Lake Jane Hills P
Addition Park extending 50 feet north,then extending west along the length of the
property to a point 5*0 feet north of the southwest corner of Lake Jane Hills P
Addition Park.
2
i
I
I
i
i
THE PURPOSE AND INTENT OF THIS EASEMENT IS TO:
Permit the Commissioner and employees, agents and contractors of the Commissioner
and the Minnesota Pollution Control Agency to enter the Property and take environmental
response actions (as that term is defined in Minn. Stat. §'l 15.02, subd. 18) as the Commissioner
deems necessary to carry out his duties and authorities under the Act, including access to existing
response action equipment and structures, installation of structures acid equipment deemed
necessary by the Commissioner, and sampling ground water monitoring,wells.
THE EASEMENT IS SUBJECT TO THE FOLLOWING COVENANTS AND
CONDITIONS:
I. The City shall not tape or allow others to take any action that interferes with
environmental response actions of the Commissioner.
2, The City shall allow access pursuant to this Easement conditioned only upon
presentation of proper identification.
This Easement and the covenants contained herein shall run with the land and. shall be
binding on all persons and entities who shall come into ownership or possession of the Property
as described herein.
BY THEIR SIGNATURES BELOW, THE UNDERSIGNED REPRESENT THAT
THEY HAVE THE AUTHORITY TO BIND THE PARTIES THEY REPRESENT
OWNER: City of Lake Elmo
Signature:
Name:
Title;
3
ACKNOWLEDGMENT
State of Minnesota )
)ss.
County of Washington )
The foregoing instrument was acknowledged before me this day of
2009,by
Notary Public T
Notary Public, Washington County, MN
My commission expires:
Accepted on behalf of
Minnesota Pollution Control Agency
Pursuant to Minn. Scat. § 115B.17,subd. 15
By:
Jeff Lewis
Section Manager
Delegate of the Commissioner of the
Minnesota Pollution Control Agency
ACKNOWLEDGMENT
State.of'Minnesota )
) ss.
County of Ramsey )
The foregoing; instrument was acknowledged before me this day of ,
2009,by Jeff Lewis,under the authority of Paul Eger,the.Commissioner of Minnesota Pollution
Control Agency,a Minnesota body politic,on behalf of the State of Minnesota.
Notary Public
Notary.Public, Ramsey County,MN
My commission expires:
AG:#1781-021•vl
4
Figure 1
Proposed Bedrock Wells— City of Lake Elmo
0 875 1,750 3,500 5,250 7,000
Feet
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12 May 2609
2003 Aerial Photo
IJV
Legend
Minnesota Pollution Control Agency
Proposed_bdrk_well
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City Council
Date: October 6, 2009
CONSENT
Item: �-)
MOTION
AGENDA ITEM: Acceptance of the infrastructure improvements of the Prairie
Ridge Office Park Development
SUBMITTED BY: Kyle Klatt, Director of Planning
THROUGH: Bruce A. Messelt, City AdmininstratorOrl4
REVIEWED BY: Ryan Stempski, Assistant City Engineer
SUMMARY AND ACTION REQUESTED: The City Council is being asked to accept the
infrastructure installed as specified in the Prairie Ridge Office Park developer's agreement. The
City has previously drawn on the letter of credit for the project on October 31, 2006 based on the
developer's failure to complete the required site improvements by the deadlines imposed in the
agreement. City staff has also been working with the developer over the past several months to
address the remaining work. The work has now been completed per the developer's agreement
dated March 19, 2004
Please note that, because the improvements have been installed for several years (the last items
were primarily documentation that needed to be submitted to the City) and are private in nature,
staff does not believe that a warranty bond is necessary for this development. Since the
development agreement has remained open well after construction was completed, all warranty
work has been addressed directly by the developer.
ADDITIONAL INFORMATION
The City Forester recently inspected the landscaping and noted that the developer has replaced
trees and shrubs that had died since the plan was originally approved. Minor seeding and clean-
up work is being completed by the developer. The escrow behind held as security will be
released once this work is completed.
Motion
Move to accept the developer-installed infrastructure improvements for the Prairie Ridge Office
Park Development.
ATTACHMENTS:
1. City Engineer's letter of August 25, 2009
2, City Forester report
1
1 �
Saint
Cedar Street,Suite 100
TKDA Saint Paul,MN 55101-2140
ENGINEERS-ARCHITECTS-PLANNERS (651)292-4400
(651)292-0083 Fax
www.tkda.com
MEMORANDUM
To: Kyle Klatt, Planning Director Reference: Prairie Ridge Office Park
Copies To: Grading As-Built Review
City of Lake Elmo, Minnesota
Proj. No.: 14290.000 Phase 9
From: Ran Stempski, P.E. Routing:
Date: August 25, 2009
Kyle,
I received an updated As-Built Survey for the Prairie Ridge Office Park dated August 10,2009. The
engineering comments have been addressed on the updated survey.
If you have any questions, please contact me at (651) 292-4487.
An Employee Owned Company Promotinn Affirmative Action and Equal Opportunity
Kyle Matt
From: K.D. Widin[kdwidin@comcast.net]
Sent: Friday, September 04, 2009 10:11 AM
To: Kyle Klatt; Ryan W. Stempski
Subject: Prairie Ridge Office Park
Kyle, Ryan -
I met Peter Tacheny, developer, and Mitch Johnson, Abrahamson Nurseries, at the Prairie Ridge
Office Park on Thurs., 9/3/09. We discussed the trees which had died and the other
landscaping work (replacement of any dead shrubs and re-mulching of landscape beds) to be
completed. Mitch will forward a list to me of any trees which should be replaced. I will
re-inspect those trees early next week to verify that all trees, which in my opinion need to
be replaced, are on the list. Following payment next week by Mr. Tacheny for work completed
to date, Abrahamson's will complete the landscape work and contact me for a final site
inspection.
I anticipate that if the work is completed satisfactorily by the end of September, that the
recommendation to close out this development could go on the agenda for the LE City Council
meeting scheduled for Oct. 6th.
A couple items which may need to be inspected by engineering/erosion
control: re-excavation of a stormwater pond in front of building 8951-8957. The edge of the
pond is bare soil and has not yet been seeded with any type of plant material. Mr. Tacheny
also told me that the soil excavated out of that pond was deposited behind bldg. 8975 and re-
graded.
Please contact me if you have any questions regarding this inspection or report.
Kathy Widin
Forestry Consultant
City of Lake Elmo
1
City Council
Date: 10/6/09
Regular
Resolution No. 2009-40
Item.
AGENDA ITEM: Consider an application from Greg and Kathy Lohmer for a variance from
the maximum impervious coverage ratio to permit the construction of an
addition at 8199 Hill Trail North— R1 zoning—PID 09-029-21-23-0006
SUBMITTED BY: Kyle Klatt, Planning Director //'� .�!�
THROUGH: Bruce A. Messelt, City Administratof
REVIEWED BY: Kelii Matzek, City Administrator
SUMMARY AND ACTION REQUESTED
The City Council is being asked to consider a request from Greg and Kathleen Lohmer for a
variance to allow the construction of a 147 square foot addition and associated breezeway to the
house at 8199 Hill Trail North that would add 112 square feet of additional impervious surface
coverage to a lot that already exceeds the maximum of 25% coverage allowed under the R-1
Zoning District. The variance has been requested to allow an expansion and improvement of the
primary structure on this site that would otherwise be limited to the existing footprint of the
building.
For variance applications, the burden is on the applicant to demonstrate why this situation is
unique and necessitates flexibility to code requirements. To make this case, a variance can only
be granted by the city when strict enforcement of the code would cause undue hardship on a
property owner. "Hardship" is broken down into the following three components:
a. The proposed use of the property and associated structures in question cannot
be established under the conditions allowed by the city's zoning regulations and
no other reasonable alternative use exists;
b. The plight of the landowner is due to the physical conditions unique to the land,
structure, or building involved and are not applicable to other lands, structures, or
buildings in the same zoning district;and
c. The unique conditions of the site were not caused or accepted by the landowner
after the effective date of the city's zoning regulations.
In reviewing the request against the three criteria listed above, staff determined all criteria were
met as strict adherence to the code would not permit any expansion of the building to increase
the amount of usable space. The request is also deemed to be reasonable as the addition would
have no impact on adjacent properties.
PLANNING COMMISSION REPORT:
The Planning Commission considered the applicants' request at its September 14, 2009 meeting
and conducted a public hearing regarding this matter at that time. No one spoke at the hearing;
however, one resident that lives across the street from the applicants informed staff that he
supports the request as long as storm water drainage is not directed back to the street.
The Commission generally discussed the hardship as stated by the applicants and noted that the
City has historically granted variances in instances when a homeowner was looking to bring a
house up to modern standards and had no other alternatives to complete such an improvement
project. The Commission recommended approval of the request by a vote of eight to one(8:1).
ADDITIONAL INFORMATION:
■ Valley Branch Watershed District does not require a permit for the proposed addition
and did not state any concerns with the application as submitted.
■ Staff is recommending the inclusion of two conditions if approved to require proper
redirection of water away from any neighbors and to make sure that additional
impervious surfaces are not added after the project is complete.
RECOMMENDATION:
The Planning Commission recommends approval of the proposed variance for Greg and
Kathleen Lohmer, 8199 Hill Trail North, to allow the construction of a 147 square foot addition and
related breezeway structure to the house at 8199 Hill Trail North that would add 112 square feet
of additional impervious surface coverage to a lot that already exceeds the maximum of 25%
coverage allowed under the R-1 Zoning District
ORDER OF BUSINESS:
- Introduction................................................................Bruce Messelt, City Administrator
- Report by staff...................................................................Kyle Klatt, Planning Director
- Questions from the Council..................................................Mayor & Council Members
- Questions/Comments from the applicant.............................................Mayor facilitates
- Questions/Comments from the public..................................................Mayor facilitates
- Call for a Motion
(required for further discussion; does not
imply approval of the motion ................................................................Mayor facilitates
- Discussion ...........................................................................................Mayor facilitates
- Action on motion.................................................................................................Council
ATTACHMENTS:
1. Resolution No.
2. Staff Report
3. Area Map
4. Application Form
5. Applicant's Narrative(1 page)
6. Certificate of Survey
7. Response from Valley Branch Watershed District
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2009-040
A RESOLUTIONAPPROVING VARIANCE FROM THE MA"MUMIMPERVOUS COVERAGE
RATIO INANR-I ZONING DISTRICT TO ALLOW CONSTRUCTION OFANADDITIONAT
. 8199 HILL TRAIL NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS,Greg and Kathleen Lohmer, 8199 Hill Trail North (the"Applicants") have
submitted an application to the City of Lake Elmo (the"City") for a variance to allow the
construction of a 147 square foot addition and associated breezeway that would add 112 square
feet of additional impervious surface coverage to a lot that already exceeds the maximum
coverage allowed under the R-1 Zoning District, a copy of which is on file with the City; and
WHEREAS, notice has been published,mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.017; and
WHEREAS,the Lake Elmo Planning Commission held a public hearing on said matter
on September 14, 2009; and
WHEREAS,the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of,a Staff Memorandum dated October 6, 2009; and
WHEREAS,the City Council considered said matter at its October 6, 2009 meeting.
NOW, THEREFORE,based on the testimony elicited and information received,the
Board of Adjustment makes the following:
FINDINGS
1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning
Ordinance, Section: 154.017.
2) That all the submission requirements of said 154.017 have been met by the Applicant.
3) That the proposed variance is to allow the construction of a 147 square foot addition and
associated breezeway that would add 112 square feet of additional impervious surface
J '
coverage to a lot that already exceeds the maximum of 25% coverage allowed under the
R-1 Zoning District
4) That the Variance will be located on property legally described as Lot 6,Block 1, J.L.
Cohn Subdivision, Washington Co., Minnesota.
5) The proposed addition cannot be established under the conditions allowed by the city's
zoning regulations and no other reasonable alternative use exists. The applicants cannot
expand anywhere on the lot beyond the present footprint of the house without a variance,
and have stated that it is not passible to accomplish modern upgrades to the house
without a small addition beyond the present foundation. It is not feasible to remove
existing walkways and steps that are built into q hillside to offset the increased
impervious coverage. The addition could be built under the Shoreland Standards without
a variance.
6) The plight of the landowner is due to the physical conditions unique to the land and are
not applicable to other lands, structures, or buildings in the same zoning district. The site
is unique. The applicants'parcel is smaller than many of the lots within the R-1 zoning
district and,has a triangular shape that further reduces the amount of buildable land
compared to other properties in the area. The shape of the lot does not allow for further
reductions in impervious coverage to offset the proposed increase.
7) The unique conditions of the site were not caused or accepted by the landowner after the
effective date of the city's zoning regulations. The applicants'lot was created before the
City's zoning regulations were adopted. The applicants have not made any
improvements to the site that would alter their ability to build an addition that complies
with the zoning regulations.
CONCLUSIONS .AND DECISION
Based on the foregoing, the Applicants' application for a Variance is granted.
Passed and duly adopted this 6tn day of October 2009 by the City Council of the City of Lake
Elmo, Minnesota.
Dean A. Johnston,Mayor
ATTEST:
Bruce Messelt, City Administrator
City of Lake Elmo Planning Department
Variance Review
To: City Council
From: Kyle Klatt,Director of Planning
Meeting Date: 10/6/09
Applicant: Greg and Kathleen Lohmer
Location: 8199 Hill Trail North
Current Zoning: R1—One Family Residential
Introductor In ormation
Request: The applicant is seeking approval of variances to allow the expansion of a principle
structure located at 8199 Hill Trail North. Specifically, a variance has been requested as
follows:
• To permit an increase in the impervious coverage on the lot for a bathroom
addition. The lot currently exceeds the maximum limit of 25%impervious
surface coverage and the addition would increase the total impervious coverage
on the site by 0.65%or 112 square feet.
Please note that the application as submitted to the City included a request for a variance
to allow the construction of a deck at the rear of this property. After further review of
the site survey, Staff determined that a variance'would not be necessary to build a deck
because the City's Shoreland Ordinance allows for an encroachment for decks up to a
certain distance towards the Ordinary High Water Level (OHW) for structures that do
not meet the required minimum setback from a water body.
Additionally,the applicant has noted that he intents to build a small breezeway from the
new addition over to an existing covered passageway that does not show up on the
attached plans. This breezeway would add a net of 28 more square feet to the
impervious coverage calculations depicted on the survey, raising the total impervious
coverage of the parcel to 33% (up from the current 32.4%). Staff has determined that
this additional area does not represent a substantial deviation from the information that
was submitted to the City as part of the application materials.
Background. The applicants' property is located within the J. L. Cohn Subdivision at the end of the
peninsula between Lake Demontreville and Lake Olson along Hill Trail North. Their
property backs up to Lake Olson,and has direct access to the cul-de-sac at the end of
Hill Trail North. This lot is relatively small,even for the Tri-Lakes area, and at 17,092
('atlance rTtcfviet r; f osoa Page 2
square feet, and is well below the 1.5 acres minimum lot size that applies to properties
zoned R-1 Single Family Residential. The lot is somewhat irregular in that it narrows
down to a 20-foot wide opening at the cul-de-sac and fans out back towards the lake.
The proposed variance would allow the applicants to add an addition to the front of the
existing home which, as stated in the request,would allow them to expand the size of
their master bathroom. The addition would meet all applicable setbacks for this district,
but would increase the overall impervious coverage on the site. There are two separate
sections of the City Code that regulate impervious coverage for this lot as follows:
• R-1 District Regulations—25%
• Shoreland District Overlay Zoning—6,000 square feet or 15% of the lot area,
whichever is larger.
Since the City Code dictates that the more restrictive standard applied when two
regulations govern a site,the 25% impervious coverage limit applies to this site,
According to the site survey, the current impervious surface coverage is 5,532 square
feet, which includes the house, garage, driveways, walkways, and shed. Based on a
total lot area of 17,091.6 square feet, the current coverage of the lot is 32.4%. The
proposed addition would be built out over an existing sidewalk that would not be
replaced, and would add a net amount of 112 square feet of additional impervious
coverage to the lot(0.65%of the lot). Because the existing coverage already exceeds
the maximum allowed under the ordinance, a variance is required in order to increase
the property above the current amount.
Please note that the shoreland regulations, which are usually more restrictive than the
underlying zoning district provisions, actually allows for greater impervious coverage
on this lot. The Shoreland ordinance would allow up to 6,000 square feet of coverage,
which is well over the applicant's total of 5,644 with the proposed addition.
The original application also included a variance request to allow a deck addition to
encroach into the required set back from Lake Olson. The request was made in response
to an initial review of the site using aerial imagery to determine the current structure
setback. With the survey and accompanying detailed site information that has been
submitted, Staff is now able to make a determination that a variance is not needed for
the deck. This determination has been made based on the following:
• The Shoreland Ordinance allows a deck to be built without a variance for a
structure not meeting the required setback from the OHW level. The deck
encroachment cannot exceed 15% of the existing structure setback from the
OHW level or encroach closer than 30 feet to this line, whichever is closer.
In this case,the applicants' house is set back 58.2 feet from the lake which would allow
a deck to extend 8.73 feet closer to the OHW level. The site plan that has been
submitted documents that the deck will extend 6.6 feet closer to the lake than the
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Variance P-14-09,doe
Yurrance Review; Eason Page 3
f'lar►rtrra C'om iivsron Retort; 3-24.08
Ibuilding setback line.
Applicable Section 154.041 (C) R-1 Minimum District Requirements
Codes:
Maximum impervious surface coverage of 25%.
Section 150.255 (G) Shoreland Standards. Subd2(a)Storm Water Management—
Specific Standards.
Impervious surface coverage of lots must not exceed 6,000 S.F. or 15%of the lot
area, whichever is larger
Section 150.256 (B) Subd. 2 (b)Additions/expansions to nonconforming structures.
(a)Additions/expansions. All additions or expansions to the outside dimensions of
an existing nonconforming structure must meet the setback, height, and other
requirements of § 150.255. Any deviation from these requirements must be
authorized by a variance pursuant to § 150.253(B)(2).
(b)Deeks. Deck additions may be allowed without a variance to a structure not
meeting the required setback from the ordinary high water level if all of the
following criteria and standards are met.
1. The structure existed on the date the structure setbacks were established.
2. A thorough evaluation of the property and structure reveals no reasonable
location for a.deck meeting or exceeding the existing ordinary high water level
setback of the structure.
3. The deck encroachment toward the ordinary high water level does not
exceed 15% of the existing setback of the structure from the ordinary high water
level or does not encroach closer than 30 feet,whichever is more restrictive.
4. The deck is constructed primarily of wood and is not roofed or screened.
Findings & General Site Overview
Site Data: Existing Zoning—R-1 (One Family Residential)/Shoreland District
Land Use Guidance—NC (Neighborhood Conservation District)
Parcel size— 17,091.6 square feet(0.39 acres)
Property Identification Number (PID):.09-29-21-23-0006
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Plannittg(.omntission Relmn, :3-14-0
,4pplication .Review:
Applicable HARDSHIP. The proposed use of the property and associated structures in question
Code cannot be established under the conditions allowed by the city's zoning regulations and
Definitions: no other reasonable alternative use exists;that the plight of the landowner is due to the
physical conditions unique to the land, structure, or building involved and are not
applicable to other lands, structures,or buildings in the same zoning district; and that
these unique conditions of the site were not caused or accepted by the landowner after
the effective date of the city's zoning regulations.
VARIANCE. A modification of a specific permitted development standard required
to allow an alternative development standard not stated as acceptable in the official
control, but only as applied to a particular property for the purpose of alleviating a
hardship as defined in Section 300.06, Subd. 3. Economic considerations along shall
not constitute a hardship. [sic]
IMPERVIOUS SURFACE. Any structure or surface which interferes to any
degree with the direct absorption of water into the ground, including but not limited to
building footprints, sidewalks,paved or gravel driveways and parking areas,patios,
sport courts, or any other similar surface. Decks,pervious landscaping fabric,
engineering-approved paver systems, and retaining walls shall not be included as
impervious surface.
Variance The applicants have provided the Planning Commission with a statement describing
Review: some of the details regarding their property and some supporting information to state
their case regarding the need for a variance. Their primary intention with the proposed
expansion is to bring the house up to modern standards and make it more usable and
convenient for them. The hardship in this case is related to the small size of the lot,
which given the impervious coverage requirements, does not allow for any expansion of
the house beyond the current foundation.
A review of the City's variance criteria follows, focusing on the information submitted
by the applicants. By code, a variance can only be granted where the city finds the
request can successfully address the three criteria as outlined below for the septic
system.
1. The proposed use of the property and associated structures in question cannot be
established under the conditions allowed by the city's zoning regulations and no
other reasonable alternative use exists;
One of the key elements of this finding is that the property cannot be put to
reasonable use under the zoning regulation,and that no alternative exists. In this
case, one could argue that a bathroom addition/upgrade is not needed to provide for
reasonable use of the property. On the other hand, if homeowners cannot
accommodate modern upgrades to their homes, there may be little incentive to
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Yariancv 9-14-09.doe
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Pariaac<e Review;Eason Page.5
f'tcrnriirtg;("(mmission Report, 3-24-08
improve a property that has limited (or no) expansion options.
In considering the alternatives to the proposed variance, the applicants could add a
second story to their home without increasing the coverage on the lot;however, such
an addition would have a significantly larger impact on the surrounding properties
and on views from the lake. Because the variance is from a coverage requirement,
the only way to accommodate any additions to the home would be to eliminate or
remove some other impervious surfaces from the property to offset any increases.
This reduction could be accomplished by removing some of the driveway or
sidewalks on the property, but such a solution seems excessive given the small
amount of area that would be added to the impervious coverage on the lot.
Unlike setbacks, lot width, or other requirements that are dimensional in nature,
there is simply no other location on the site that could accommodate the proposed
addition since no expansions would be permitted under the code.
It is also worth noting that the shoreland regulations would allow for the proposed
expansion, which allows for smaller lots to exceed the impervious coverage standard
for shoreland areas of 15%. A lot must exceed 40,000 square feet to before the 15%
threshold would apply.
Staff finds the inability of the applicants to build any addition to the house without
first incurring substantial expense and creating potential impacts with the removal of
existing buildings or paving does constitute a hardship and that the proposed addition
represents a reasonable use of the site. This criteria is met.
2. The plight of the landowner is due to the physical conditions unique to the land,
structure, or building involved and are not applicable to other lands, structures, or
buildings in the same zoning district;
There is a fairly wide range of lot size found within the City's R-1 zoning district
and the applicants parcel is at the smaller end of this range. At the minimum lot area
allow by code for a lot of record, 0.9 acres,a property owner could cover 9800
square feet of such a lot. Many lots within the R-1 zoning district fall below this
standard; however, the applicants' parcel is further unique because of its triangular
shape. The shape of the lot does not provide for alternatives that could further
reduce the amount of driveway or other impervious space (for instance, by
reorienting the approach to the garage). This criteria is met.
3. The unique conditions of the site were not caused or accepted by the landowner after
the effective date of the city's zoning regulations.
The physical layout of the platted lot and the topography on the lot were not created
by the landowner. The City's impervious coverage requirements were likely adopted
sometime after the home was built. Staff finds this criteria is also satisfied.
Variance Based on our analysis of the review criteria in City Code, staff recommends approval of
Conclusions: the impervious surface coverage request for 8199 Hill Trail North.
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Variance nce 9-14-09.cioc
Variance review; Eason Page 6
Planning Coinnibuion Report: 3-24-08
Resident The Planning Commission conducted a public hearing at its September 14, 2009
Concerns: meeting to consider testimony from neighboring property owners. No one spoke at the
public hearing and staff did receive a verbal statement in support of the request provided
no drainage from the new addition was directed back to the street.
Additional ■ Valley Branch Watershed has provided a statement that it does not require a permit
Information: for the activity proposed a part of the variance request. Staff has not received any
correspondence from the Minnesota Department of Natural Resources concerning
this application.
Planning The Planning Commission recommended approval of the application by a vote of eight
Commission to one (8:1).
Rec.
Conclusion
The applicants are seeking approval of a variance to allow the construction of a 147
square foot addition and related breezeway to their house that would add 112 square
feet of additional impervious surface coverage to a lot that already exceeds the
maximum of 25% coverage allowed under the R-1 Zoning District.
Staff" Staff is recommending approval of the requested variance with the following
Recommendation: conditions:
1. The applicant shall provide for proper management of storm water away from
the new addition and shall not direct this water on to any neighboring property.
2. No new sidewalks or other pathways may be installed on the site to
accommodate for the sidewalks impacted by the new construction. Any new
sidewalk must be offset by the removal of the same area of existing impervious
surfaces.
Denial Motion To deny the requested variances, you may use the following motion as a guide:
Template:
Move to recommend denial of the variance application for 8199 Hill Trail North
based on the following findings; (cite your own findings)
Approval To approve the requested variances as recommended by staff, you may use the
Motion following motion as a guide:
Template (as
recommended Move to recommend approval of a variance to pillow the construction of a 147
(:';U)ocunzents anrl.Sc rti�rss;brucr:.rnrrs,,c�ft 1'•acul_'icltt(1rs;4iTena1.3t3rCrr.ti Injornel i llesiC'fmi�tr1,CT Jfctc k=.;�:a't.ICXI'I':ftx 3 C'omc d Lohrrrc;r Lot Cow
Variamv 9-I4-09.doe
i
Varionce ReWew; Eason Page 7
Planning Caommisssioij Repon: 3-24-08
by staff): square foot addition to the house at 8199 Hill Trail North that would add 112
square feet of additional impervious surface coverage to a lot that already exceeds
the maximum of 25% coverage allowed under the R-1 Zoning District based on the
findings listed in the staff report and as articulated tonight, subject to the
conditions recommended by staff. (use staffs findings provided above or cite your
own)
Conditions:
1. The applicant shall provide for proper management of storm water away from
the new addition and shall not direct this water on to any neighboring property.
2. No new sidewalks or other pathways may be installed on the site to
accommodate for the sidewalks impacted by the new construction. Any new
sidewalk must be offset by the removal of the same area of existing impervious
surfaces.
cc: Greg and Kathleen Lohmer, 8199 Hill Trail North
(;:�13noatnta>n7s�xnrlS�satrrr�rs'ibrr?ee,ria�sslill;�>ctii3etiirt,7s'il'emparu� lnrc��nrti' fe,lC�rrtc+at.t7tall�aokr1? 1;YX1"h11'4pCmocil/ohmer Lot(7m)
Variance 9-14-09,41occ
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City of Lake Elmo
DEVELOPMENT APPLICATION FORM
Comprehensive Plan Amendment JN'Var'ianee* (See below) ❑ Residential Subdivision
Preliminary/Final Plat
0 Zoning District Amendment Minor Subdivision 0 01 — 10 Lots
Text Amendmi3nt ❑Lot Line Adjustment 0 11 --20 Lots
0 21 Lots or More
0 Flood Plain C.U.P. D Residential Subdivision Excavating& Grading Permit
Conditional Use Permit Slwtch/Concept Plan Appeal �PUD
El Conditional Use Permit(C.U.P.) Site&Building Plan Review
APPLICANT: Z �v- —C�5,cqz
(Name) (Mailing Address) (zip)
GS I I
Q15-t- &&,�5-()-7 0 4/�6 q— -
TELEPHONES: (�51-"7-1-1 -756,5; _3G 7
(l-lome) (Work) (Mobile) (Fax)
FEE OWNER: �rA t",_e
(Name) (Mailing Address) (zip)
TELEPHONES*
(Home) (Work) (Mobile) (Fax)
PROPERTY LOCATION (Address and Complete (Long) Legal Description):__ELLq_q L2,
DETAILED REASON FOR REQUEST: 1-(,&a CIIIIAO/ L--Ae d-0a
C, 5)CIL W �,I=A 0 WAV, d f, . Cj -cd Imo, u Jd'v40 EA dd
*VARIANCE REQUESTS. As outlined in Section 301.060 C.of the Lake Elmo]Municipal Code,the Applicant must
demonstrate a hardship before avariance can be granted. Tliehard.qiiip related toth,isapplioationisasFollows:
77
C&:4 IZd-ell 1)5 A C,w4q( -e
ry,fil `" r 4 eM e a-ug auklyle-m
In SignitIg th].s, ication,I hereby acknowledge that I have read and fully understand the applicabl.e provisions of the
Zoning and-lubdMsion Ordinances and current adininistrative procedures, I further acknowledge the fee expi nation a
outlinetq i Ile
n thejA)Iication or
- �Ures and herebyagree to pay all statements received from the-Cit eitainingto
addifloinal A.AlCati(Hl ext)-�4e,
gla-1 o 7
5 Z2/a Ad I
Sign re of ark Date "914naiure of Applicant Date
e.W' AK
,or
40102003 City of Lake2lma-HGOLEiveme AvenueNaetli-Lake Elmo-55042-651-777-5510-Va%651-771-9615
2. a) Property is owned jointly by Gregory L. and Kathleen M. Lohmer.
b) Legal description of property:
JL Cohn Subdivision Lot 6 Block I
Property ID: R09.029.21.23.006
Parcel Size: 0.33 acres (18,161 sq. ft.)
Existing Use: Residential
Current Zoning: R1 Single-Family
c) Section 154.041 RI Single-Family District Standard—Maximum 25% Impervious
Section 150.255 Setback to Ordinary High Water Mark— Shoreland Standard
d.1) Increase master bathroom by expanding out to the east. Impervious will increase from
about 30.5% to 30.9%. Code only allows for 25% Impervious.
d.2) Add deck to the west side of the house—too close to Ordinary High Water Mark. It
appears code allows 5.25 feet beyond the structure wall closest to OHWL*. Request for
additional two feet so foundation wouldn't have to bust up existing patio.
* - See email from Kyle Klatt.
e) Had an onsite meeting with Kyle Klatt and discussed proposed remodeling. I mentioned
neighbors who had decks and a three-season porch that were much closer than my proposal.
He was going to further review file and propose proper course of action. Stated probable
exclusion of variance for deck—see*,but would.need variance for additional two feet and
variance for the bathroom due to exceeding current code of 25% impervious. He also
recommended a certified survey be completed.
f) The house is 37 years old and the goal is to update and renovate to bring house up to current
standards to make it more usable and convenient. There is a need to update bath and shower
and the current bathroom lacks sufficient room. The deck will provide a natural flow from
the kitchen to the porch to the deck.
g) I was told the current rules and regulations were put in force after the house was built.
h) It is well known that the neighborhood's overall character is quite unique. However,
essentially all homes in the cul-de-sac have been upgraded and modernized and my
proposed update would be comparable. I don't see any detrimental effects (Scenic views,
etc.) to the neighbors.
Kell! Matzek
From: John Hanson PHanson@barr.com]
Sent: Tuesday, September 01, 2009 11:19 AM
To: Kelli Matzek
Subject: 8199 Hill Trail North Variance Request
Kelli:
As we discussed on the phone today, the proposed deck and master bathroom expansion at 8199
Hill Trail North does not require a Valley Branch Watershed District permit. The proposal
will add less than 6,000 square feet of impervious surfaces and will be well above the 100-
year flood level of Lake Olson.
John
John P. Hanson, P.E.
Barr Engineering Company
Engineers for the Valley Branch Watershed District
4700 West 77th Street
Minneapolis, MN 55435-4803
952.832.2622 phone
952.832.2601 fax
651.748.4230 VBWD project office
1
° M
04
CERTIRCA TE OF SURVEY
U � 6 r- o
LOT 7
1 �
r
Il g S. B5°1 V41"W 191.84'
945.5
946.5
LOT6 'Apo rr� 50.6Y 0 1�
11 N 954.5 tia� RP�� N� �� 4CON
9ry* o I �y �t�\ t`` 9h 35(P�yys FVl 954.4 1) �g� �° NOTES;
r WATER SURFACE ELEVATION
�° +tea h ,A`a �'� e ^ OLSON LAKE ON 7-23-2009 = 925.9 FEET
O p $ 2°,d ,�a1� Qy`L 3
+
c j Kati �� WELL 4�6ry
y mr ,, ""'«� og3 DNR-(DIVISION OF WATERS)LAKE IDENTIFICATION NUMBER 82-103
m 950.4 • �` N ti � ,s. 954.5 nsoF` glary ADDRESS; CLASSIFIED AS RECREATIONAL DEVELOPMENT
9�.
�31�` +°� �� �zG�,'v (PA 5°� �5 �,o�, � 8199 HILL TRAIL N. AND AS PROTECTED WATERS
+ N + a!�947.5 �a ���a o �; ; \ Q���@ LAKE ELMO, MN 55042
aq� 4 94 : �-'- o�'� \ ORDINARY HIGH WATER(OHW) ELEVATION = 929.3 FEET
6� . .o�.�w l� "1 CITY OF LAKE ELMO 100 YEAR FLOOD ELEVATION = 931.0 FEET
oo� +� 16 o ,� �3'` IMPERVIOUS COVERAGE
O m Cn ; �6a -FA „ gxQ6 1a�� q ,p' ���� = 2,091.7 SF VALLEY BRANCH WATERSHED DISTRICT 100 YEAR
;o , > a � x� y / GARAGE - 795.5 SF FLOOD ELEVATION=931.5 FEET
D l� o u,+�'`' m6 9° / 3 DRIVEWAY AND PARKING AREA = 1,597.4 5F
ll `� �` �° �rG /� s4#.z �` 5a �0`5� COVERED PASSAGEWAY = 126.4 SF
O A `r�� g 0 m,� SIDEWALK TO LAKE T 218.7 SF
m ��`'9 m�s s I a ^ o ° ,p^ SIDEWALK AROUND HOUSE = 237.8 SF BENCH MARK: SPIKE IN WEST FACE OF TRANSFORMER POWER POLE
m I �o + �, p`� SIDEWALK AND PATIO = 361.5 SF LOCATED NEAR THE N E CORNER OF LOT 5, BLOCK 1, J, L. COHN SUBD.,
!� t q x� p°� SHED BY LAKE = 103.0 SF 1.0'ABOVE GROUND. ELEVATION = 947.59 FT. NGVD 1929 DATUM
PROPOSED 7'X 21'ADD.TO HSE. = 147.0 SF
MINUS 3' X 21' EXIST. SIDEWALK = - 63.0 SF I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A
}Z �� 1
945.2 TOTAL EXISTING COVERAGE = 5,616.0 SF SURVEY OF THE BOUNDARIES OF:
It l �°"1
+ a- -
N C�%`'� 1 1 93917 TOTAL AREA OF LOT 6 ABOVE LOT 6, BLOCK 1, J. L. COHN SUBDIVISION,ACCORDING TO THE RECORDED PLAT,
c� LOT $ THE OHW 929.3 FT ELEVATION = 17,091.E SF WASHINGTON COUNTY, MINNESOTA
-n m + IMPERVIOUS COVERAGE FOR LOT 6 = 32.8/o AND THE LOCATION OF ALL BUILDINGS, IF ANY, THEREON,AND ALL VISIBLE
m 11 A� 93 • ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND, AS SURVEYED BY ME OR
12 UNDER MY DIREST SUPERVISION THIS 4TH DAY OF AUGUST, 2009
1r GARAGE FLOOR ELEV. = 954.5
` 1 BASEMENT FLOOR ELEV. = 948.0 P J LAND SURVEYING, LLC
1�G °+ 929.3 TOP FOUNDATION ELEV. = 956.0 �,gyp* J 0 /
m ��`� MAIN FLOOR ELEV, = 956.7 •
\� �'� 4
Ile °o BUILDING HEIGHT(HIGHEST PT.) = 967.3 �� REGI[STERED
\+9 0 30' PAUL A. JOHN LAND
929.3 LAND SURVEYOR, MINN.LIC. NO. 10938 SURVEYOR
9ry�6 tP1d938
FILE NAME +•••, •••*
or >VpIN���
L5B1J.L.COHNSUBQ.GLOHMER.TRV �
ALE DATE DRAWN BY PREPARED FOR. _PREPARED BY
SC
30 ALEFt/In DATE 09 INSERT NAME GREG AND KATHY LOHMER P J LAND SURVEYING, LLC
8199 HILL TRAIL N. 12510 MCKUSICK ROAD NORTH
+ JOB REVISION SHEET LAKE ELMO, MN 55042 STILLWATER, MN 55082
�ryh 09-306 1/1 1/1 651-777-7565 651-303-0025
This map drawn with TRAVERSE PC,Software
Traverse PC
City Council
Date: 10/6/09
Regular
Item:
AGENDA ITEM: Consideration of an amendment to Section 154,081 of the Lake Elmo Zoning
Ordinance regarding permitted encroachments in required yards and the addition
of definitions for"porch" and"awning" to Chapter 11.
SUBMITTED BY: Kelli Matzek, City Planner
THROUGH: Bruce A. Messelt, City Administratorvi`
REVIEWED BY: Kyle Klatt, Planning Director
SUMMARY AND ACTION REQUESTED.-
The City Council is being asked to review and approve the proposed text amendments to address
permitted encroachments within front and side corner setbacks and to add definitions for the terms
"porch" and "awning."
The City received a variance application in July of this year with a request by a resident to build a covered
porch within the required front yard setback. Although uncovered porches are permitted by Section
154.081 of the code to encroach into the setback, a covered porch is not. At the time the City Council
reviewed the variance application, staff was directed to revisit this section of the code and to bring it back
to the Planning Commission to consider amending the ordinance to allow covered porches in the setback
as well.
The Planning Commission reviewed proposed changes and held a public hearing at the September 14th
meeting. The Commission recommended approval of the ordinance change with an amendment to add a
sentence clarifying that a porch is not allowed within a side yard setback and that a deck not requiring
railings due to height from ground-level and patios would also be permitted.
As such, staff is proposing minor changes to Section 154.081 regarding permitted encroachments into
required yards to allow covered porches six feet into a required front yard setback or side yard setback in
the case of a corner lot. In addition, proposed definitions are also provided as the city ordinance currently
does not have a definition for neither"porch" or"awning," though both appear multiples times in the city
code. The alternative language was information and suggested language provided by the City Council at
the time of the variance review.
RECOMMENDATION:
Staff and the Planning Commission are recommending approval of both proposed definitions as well as
the proposed staff language as amended by the commission.
ATTACHMENTS:
1. Draft Ordinance
Chapter 11.01 DEFINITIONS.
Porch—A covered but unenclosed projection from the main wall of a building that may
or may not use columns or other ground supports for structural purposes.
Awning—A roof-like cover, often of fabric, metal, or glass designed and intended for
protection from the weather or as a decorative embellishment, and which projects from a
wall or roof of a structure over a window, walk, door, or the like.
Section 154.081 Permitted Encroachments on Required Yards
The following shall be permitted encroachments into setback and height requirements,
except as restricted by other sections of this chapter.
(A) In any yards. Posts, off-street open parking, flutes, leaders, sills, pilasters,
lintels, cornices, eaves (up to 3 feet), gutters, awnings, open terraces, steps, chimneys,
flag poles, open fire escapes, sidewalks, fences, essential services exposed ramps
(wheelchair);deck not requiring railings due to height from ground-level,patios;
tmeeveredper-ehes; stoops;or similar features;provided they do not extend above the
height of the ground floor level of the principal structure or to a distance less than 5 feet
from any lot line nor less than 1 foot from any existing or proposed driveway; yard lights
and nameplate signs; trees, shrubs,plants, floodlights or other sources of light
illuminating authorized illuminated signs, or light standards for illuminating parking
areas, loading areas, or yards for safety and security reasons;provided the direct source
of light is not visible from the public right-of-way or adjacent residential property.
Staff recommended language:
Porches as defined in this ordinance may encroach up to 6 feet into a required front yard
setback or side corner yard,but in no case shall be setback less than 10 feet from the front
property line. Aporch is not allowed in a side or rear vard setback.
Alternative language:
Consideration should be given to allow architecturally compatible roofs over porches
serving the principle entry, in lieu of awnings. Awning might be limited to a 4 foot
extension from the front of a house,regardless of distance from setback, and porch roof
eaves might extend into the front yard setback a maximum of 8 feet, or be at least 52 feet
from the center of the street RAV, whichever is more limiting.
CITY OF LADE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-017
AN ORDINANCE TO ADD DEFINITIONS FOR"PORCH" AND "AWNING" TO
SECTION 11.01, AND TO AMEND SECTION 154.081 FOR PERMITTED
ENCROACHMENTS ON REQUIRED YARDS
Section 1. The City Council of the City of Lake Elmo hereby ordains that Section
154.081 subd (A) is hereby amended to read as follows:
The following shall be permitted encroachments into setback and height requirements,
except as restricted by other sections of this chapter.
(A) In any yards. Posts, off-street open parking, flutes,leaders, sills,pilasters,
lintels, cornices, eaves (up to 3 feet), gutters, awnings, open terraces, steps, chimneys,
flag poles, open fire escapes, sidewalks, fences, essential services exposed ramps
(wheelchair), patios,, tuieevered perehes, stoops, decks not requiring railings in
accordance with State Building Codes, or similar features;provided they do not extend
above the height of the ground floor level of the principal structure or to a distance less
than 5 feet from any lot line nor less than 1 foot from any existing or proposed driveway;
yard lights and nameplate signs; trees, shrubs, plants, floodlights or other sources of light
illuminating authorized illuminated signs, or light standards for illuminating parking
areas, loading areas, or yards for safety and security reasons;provided the direct source
of light is not visible from the public right-of-way or adjacent residential property,
Porches as defined in this ordinance mU encroach W to 6 feet into a required front ward
setback or side corner yard,but in no case shall be setback less than 10 feet from the front
property line. A porch is not allowed in a side or rear vard setback.
Section 2. The City Council of the City of Lake Elmo hereby ordains that Section
11.01 is hereby amended to add the following definitions:
Porch. A covered but unenclosed projection from the main wall of a building that may or
may not use columns or other ground supports for structural purposes.
,Iwning. A roof-like cover, often of fabric,metal, or glass designed and intended for
protection from the weather or as a decorative embellishment, and which projects from a
wall or roof of a structure over a window,walk, door, or the like.
Section 3. Adoption Date
This ordinance shall become effective immediately upon adoption and publication in the
official newspaper of the City of Lake Elmo.
This Ordinance No. 08-017 was adopted on this 10'b day of October 2009,by a vote
of Ayes and Nay.
Mayor Dean Johnston
ATTEST:
Bruce Messelt
Administrator
This Ordinance No. 08-017 was published on the day of , 2009.