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HomeMy WebLinkAbout09-06-05 CCMPMayor: Dean Johnston Council members: Rita Conlin Steve DeLapp Liz Johnson Anne Smith Please read: Lake Elmo City Council Tuesday September 6, 2005 3800 Laverne Avenue No. Lake Elmo, MN 55042 777.5510 777-9615 (fax) Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes: 3. PUBLIC INOUIRIES/INFORMATIONAL: A. PUBLIC INQUIRIES: B. PUI3LIC INFORMATIONAL: (1) Deer Hunting Lottery:6 hunters, 2 alternates (2) Sessing Appeal (3) Community Buckthorn Project 4. CONSENT AGENDA A. Resolution No. 2005-089:Approving claims C. Partial Payment Phase H Interconnect Water Main Project — Resolution No. 2005-091 5. FINANCE A. Adoption of Proposed Tax Levy and 2005 Budget — Resolution No. 2005-092 B. Set Truth n' Taxation Hearing Dates: Resolution No. 2005-093 August 16, 2005 Public Inquiries/Informational is an opportunity for citizens to bring the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting or as bench copies, to allow a more timely presentation. Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items unless a Council member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. Lake Elmo City Council Agenda September 6, 2005 Page 2 6. NEW BUSINESS A. Reschedule September 13"' Council Committee Meetings to September 14th 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Fire Dept.:Recommendation to confirm Fire Chief Malmquist Appointment 8. CITY ENGINEER'S REPORT: A. Resolution No. 2005-094:Approve Elevated Storage Tank #2 B. Resolution No. 2005-095:Order Assessment Hearing for Hilltop Avenue Tom Prew i9: PLANNING. LAND USE & ZONING: C. Dillerud A. Park Meadows - Resolution No. 2005- 097:Comprehensive Plan Amendment; Ordinance No. 97-162:Rezoning; Resolution No. 2005.098:Preliminary Plat B. Deer Glen Amended OP Concept Plan:Resolution No. 2005-096 10. CITY ATTORNEY'S REPORT: A. Litigation Report 11. CITY ADMINISTRATOR'S REPORT: A. 12. CITY COUNCIL REPORTS: A. Mayor Johnston B. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith ISD834 School Election - September 13, 2005 LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 2005 1. AGENDA 2. MINU rES: August 2, 2005 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Informational 4. CONSENT AGENDA: A. Resolution No. 2005-083:Approving Claims B. Escrow Reduction:Tapestry 5 FINANCE: A. Monthly Operating Report 6. NEW BUSINESS: 7, MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Building Activities: Jim McNutt_ 8. CITY ENGINEER'S REPORT: A. Stonegate Street Vacation B. Ordinance No. 97-161:Klondike Sto C. Resolution No. 2005-084:Approve op Avenue D. Resolution No. 2005-085:Ap rove Plan atermain Interconnect Phase 111 9. PLANNING, LAND USE & ZON A. Resolution No. 2005- :.Am Plan — Deer Glen — NOT ADOPTED B. Resolution No. evelopment Stage Plan, CUP and Preliminary Pi sing C. Section 520 Site Plan Ainendment:Village North Office Park D. Resolutiontio, 2 87:Variance to Lot Size —Hardy E. Resolution No. 5- : Comprehensive Plan 10. CITY ATTORNEYS RE 11. CITY ADMINISTRATOR'S REPORT: :12. CITY COUN PO S 1. AGENDA: M/S/P DeLapp/Jolmson - to approve the August 16, 2005 City Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: August 2, 2005 M/S/P DeLapp/Johnson - to approve the August 2, 2005 City Council Minutes, as amended. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 2005 3. PUBLIC INOUIRIES/INFORMATIONAL: A. Public Informational Ed Nielsen asked that meeting minutes, identifying participants and content of discussions, be written within one week of scheduled meetings with individuals relative to Lake Elmo business be required for the Mayor, Council members, City Administrator and other designated staff, with copies of minutes sent to Council members and City File. Susan Dunn, Technical Advisory Committee member, gave an update on the meeting for the Washington County Master Park Plan. Council member Smith asked if the City Attorney could look into any agreements the City may have so we can keep the Lake Elmo Regional Park as a park reserve. M/S/ Smith/Johnson - to direct the City Attorney to see if there are any legal documents or legal authority to keep the Lake Elmo Regional Park a park resge. ,, M/S/P Conlin/Smith — to amend the motion to ask staff to ,, „ &W ashington County Park -Lake Elmo Regional Park file before we have a le nvestigation„ (Motion passed 5-0.) M/S/P Smith/Johnson - to direct staff to see if tl ere' to keep the Lake Elmo Regional Park as a park rese legal investigation. (Motion passed 5-0.) di 4, CONSENT AGENDA: A. Resolution No. 20054' - _ M/S/P Johnson!DeLapp toado Claim Numbers 273, 274, DD4' used for Staff Payroll dated AU amount of $139,69 Oirerl ovnrg Claims esolutf'005-083, A Resolution approving uh 4 6 27722 through 27756, which were 2005, g) claims 27757 through 27810, in the total sed5-0) gal documents or authority e the City Attorney does a B. EscrOVv. Reductimr taoestry The developers of Tallestrmy at nCli'j'anreloeCharlotte' Grove have completed portions of the required plat improvement. The bay r has certified by his August 9, 2005 memo that the required development security8cangbe reduced from $2,530,287.50 to $1,396,500.00 M/S/P Johnson/DeLapp — to approve the reduction of the Development Security required for Tapestry at Charlotte's Grove from $2,530,287 to $1,396,500.00 based on the recommendation of the City Engineer. (Motion passed 5-0) 5. FINANCE: A. Monthly Operating Report The Finance Director provided the Council with the Monthly Operating Report — Revenue for August, 2005. 6. NEW BUSINESS: LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 2005 2 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Bui'dim); Activities: Jim McNamara The Building Official reported there were no new residential or commercial permits issued for July, 2005. He explained that Link Recreational, 9200 Hudson Blvd., has a permit to redo their parking lot and an excavating/grading permit for better runoff. A letter of credit has been submitted to the City. 8. CITY ENGINEER'S REPORT: A. Stone2ate Street Vacation The City Engineer reported he has surveyed the cul-de-sacs at Jewel Avenue and Julep Court to determine how to structure the vacations. Drawings were provided to the council and, if approved, the legal would be prepared. In his memo dated, August 12, 2005, the City Engineer indicated at Julep Court the City can vacate 5 feet of street right-of-way without impacting the paved portion of the cul-de- sac. He said he had no issues with the 8th street vacation as it wouki run from the west right-of-way line ofJulep Avenue to the west plat bo The City Engineer explained the City can vacate tlp:' however, the property would revert to the City. Thl, front of the residential lots unless we would remove a j� de -sac. The paved portion of the cul-de-sac iud by the removed. The engineer did not recommend Fire Chief Malmquist explained and asked the Council to ensure- t before. He voiced his concepi4b develops and didn't want to stated that if only accis fro response time and if yon'eutb feet of Jewel.venue, cannot vacate the property in n of the paved part of the cul- phlic and should not be uck o d be stationed north of 10th Street es co d reach neighborhoods as quickly as i rods as e property north of 10th Street tfl'g ad&tionaI access off of 10th Street The Chief on the frontage road, you are adding 4 minutes to -,cess it will take longer. M/S/P DeLapp/Johnson - to direelistaff draft to draft a resolution to result in a vacation of the three access point4 descriked by the City Engineer. (Motion passed 5-0.) The Fire Chief said iftheseteas are vacated, he wanted the City to ensure the Fire Department, etc, have good access in the future. M/S/P Smith/DeLapp — that the City assures the Fire Department and Sheriff s Department, and any other emergency vehicles, will have access that is needed consistent with comments of the Chief Malmquist for all future developments. (Motion passed 3-2: Johnson, DeLapp). LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 2005 B. Ordinance No. 97-161:Klondike Stop Sign At its August 16th meeting, the City Council requested installation of a third stop sign at the intersection of Klondike Avenue and 32nd Street, Council member Smith stated she talked to the Public Works Supervisor, who thought adding the additional stop sign was unnecessary so she suggested postponing the installation of this stop sign. Council member Johnston stated she talked to Sheriff Pott, who was familiar with this street and intersection, and who did not agree with installing another stop sign. Both Council members believed that decreasing the speed limit would slow down drivers. Bob Novak, resident who has lived Klondike 30 years, stated if safety is the concern, it can be improved by the City if staff cut the brush 3 or 4 more feet for visibility. He said the signs that were put in 5 years ago work. MIS/P Smith/Conlin - to approve Ordinance 97-161,, along Klondike Avenue and to postpone installin C. Resolution No. 2005-084:Approve P The City Engineer reported the plans are c4i, plete fo project. There will be no change in the stret1widtli scheduled. M/S/P DeLapp/Johnston — to a d Plans and Specifications and Orde Street Project. (Motion pass D. Resoltatibn LU • Hilltop Avenue he Hilltop Avenue Street Repair asSetment hearing will be ution No. 2005-084, A Resolution Approving ertiseinent for Bids on the Hilltop Avenue 085:Approve Plans Watermain Interconnect Phase The City Engineer re orted t elans are complete for the third phase of the water system interconnect project. This phase of work continues the 16-inch waterman from the existing Public Works Bulding, south along Jamaca Avenue, across TH5, to the new Farms of Lake Elmo subdivision, This project will not be assessed. M/S/P DeLapp/ Johnson — to adopt Resolution No. 2005-085, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Water Systems Interconnect Phase III (Jamaca Avenue, Stillwater Blvd. and 31st Street). (Motion passed 5-0.) LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 2005 4 9. PLANNING. LAND USE & ZONING: A. Resolution No, 2005-086:Amended OP Concept Plan — Deer Glen Planner Dillerud explained the plan, staff -dated August 16th, was just received and is different than the plan the Council received in their agenda packet. He said there is one less lot on the entrance road and they are adding a lot along the north and South Street. Paul Danielson, the applicant's engineer, said the applicant had meetings with adjacent property owners. He said in order to accommodate neighbor's concerns.the lots along the entrance road were shortened up and closer to roadway, 5 lots were changed to 4; and a trail created as a walking loop so it's not close to the house. He said they have brought in Damon Farber and Assoc., an urban landscape firm to assist with landscape planning for the site. He said the septic system has always been planned for a joint system with the church site. Joan and Steve Ziertman presented their reasons against the their memo is attached hereto and made part of the Minutes, Council members Smith and Conlin both said that th on the east/west street which sit by themselves be neighborhood. ed concept plan and islike the con itration of 4 lots Qds,',not make a cohesive Smith suggested redesign of the OP Plan to take the 4 house >out and to utilize the natural features of the land to provide an alternative deign with those grouped with the balance of the OP lots. She suggested that if the applieaittemove the church to the north they could place the four houses rn the v#catedthiea south of the church. Mayor Johnston and Counc made by Council Members , Peter Beck, Attorne or th apphcant stated his client could go back to the 48 acre OP plan. He said th‘Council wanted thern to add the 20 acres. He noted that the applicant s didn't ask to add th&20 acres and additional lots. Beck said the church took 9 years to get the church plan approved and wouldn't want to open this up Mayor Johnston asked if the' applicant would be willing to withdraw the application. Attorney Beck said the applicant would rather have it tabled to a date certain, and would like two weeks. The Planner noted that the completed application date is July 5th, M/S/P DeLapp/Smith — to table the concept plan of Deer Glen until the September 6th Council meeting so the applicant can address the four lots in question. (Motion passed 5- 0.). Rp.,said they supported all the comments Council member DeLapp asked about the road extension to the east property line and for input from the Fire Department. LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 2005 Peter Beck stated the applicant will come back with the plan both ways regarding the road extension, B. Resolution No. 2005-086:OP Development Sta9,e Plan, CUP and Preliminary Plat — Discover Crossing The City Planner reported this is an OP Development Stage/CUP/Preliminary Plat to create 25-28 single family lots on a site of 72 acres in the southwest quadrant of Lake Elmo Avenue and Highway 36. The range of lots proposed relates to the applicants' anticipation of forthcoming amendment to the density allowable in OP from 0.40 to 0.45 units per Buildable Acre. The extra three lots will be platted as outlots until the OP ordinance is amended over the next few months, The applicant will have to return with another Final Plat to convert the outlots into buildable lots. the residents should pay the extra assessment so that portions are s ed again. He said Tim Freeman, FFE, stated the developer would like a monument ign and stamping and coloring of the street to indicate the area for pedestrians to walk.1( e street is repaved, the street is above and beyond the City standards at no ost to the City. Attorney Filla reminded the Council there is a repo' that the stamping of the street is not a realistic plan the City to maintain this on -road -trail in thee stated that he cannot tell the Council that th but there is an increased liability with the street stamped streets is like asking peoplelo wa Council member DeLapp state lighting on the bridge. City Engineer that states will be very expensive for . . that IS originally designed. Filla road would contribute to accidents, signOroposed because the color- eets. t sign, the split road or the M/S/ DeLapp/Smith, o apprqe Resolution No. 2005-086, A Resolution Approving the Open Space Pres4ation Dev14pmenftage Plan, Preliminary Plat, and Conditional Use Permit of DiscoverCrossing plat with the exception of street lighting on the bridge and the monument sign. M/S/P Johnson/Conlin — to, end the motion to exclude the color -stamped roadway paving. (Motion 4-1: DeLapp). 5minv Ov#P0Parih logit Council member Johnson asked to move the previous question. (Motion failed 3-2: Johnson, Conlin) Tim Freeman said the developer would put money in escrow to cover the removal of the color -stamped roadway if the residents don't like it. LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 2005 6 M/S/P DeLapp/Smith - to approve Resolution No. 2005-086, A Resolution Approving the Open Space Preservation Development Stage Plan, Preliminary Plat, and Conditional Use Permit of Discover Crossing plat with the exception of street lighting on the bridge, a monument sign and the color -stamped roadway paving. (Motion passed 5-0). C. Section 520 Site Plan Amendment:Villaee North Office Park The City Planner reported this is a proposal to modify the site plan of a previously approved project to construct a 10,000 square foot office building on 39th Street North — Brookman Addition. The revised plan re -orients most of the off-street parking from the front of the building to the rear and side of the building, and enhances the landscaping that will be installed. The Planner said the new site design requires a slight increase to the area of the site, which can be processed by staff as a Lot Line Adjustment. M/S/P Johnston/Johnson- to approve an amendment to the Sectwp 520 Site Plan for "Village North" per plans staff -dated August 4, 2005, as recorided by the Planning Commission, subject to the following conditions: 1. Compliance with the recommendations of the City specifically regarding wastewater tlt fitment 4cmporary'aiid permanent). 2. Compliance with the reconmiendations �tthe Valley Branch Watershed District as found to be reason)and practical by the City Engineer. z 3 Submission by the applicant Of eenorighting plans in compliance with Section 1350 pnqto the 'lance of a Building Permit. (Motion passed 5-0.) D. Resolution No, 200 , ot Size — Hardy The City Planner reported as asked for a zoning variance to allow a parcel - of -record that is non-conformin to be used for a single family dwelling site. The parcel is slightly over t7,000 sq. d the minimum buildable parcel -of -record is 43,560 sq.ft. The applicant is,proposing tu move an existing 19th century farm house to the parcel, The Planning Commissions recommendation includes a condition that the applicant must demonstrate that the parcel provides a sufficient area of soils suitable for both a primary and secondary septic drain field of a size suitable for the dwelling proposed. The Planner said he received a report that the soils on the lot are acceptable for a septic/drainfield designed for a 3 bedroom house and there is no room for a second drainfield unless it is a mound system. Council member Smith said that she is concerned that approval of the application would open the door for people to place old buildings on substandard lots. LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 2005 7 Attorney Filla said that by distinguishing this farmhouse, the City would avoid setting a precedent for other requests. He said it would be appropriate for the Council to specify that a long distance move would result :in structural damage and unfavorable costs to the applicant. He said documents regarding the variance should discuss the comprehensive plan's interest in the preservation of historic buildings. Linda Hardy voiced her concern that the developer would tear down the house because she did not have a firm date for the house to be moved. Planner Dillerud responded that no demolition permit had been issued by the City. Tim Freeman, FFE, said he would work on the timing of moving the house and the construction of the road which would go through the farmhouse's old lot. M/S/P Conlin/ Johnston — to adopt Resolution No. 2005-087, A Resolution approving a variance from Section 300.09 Subd 1. of the Zoning Ordinance for Linda Hardy to permit a single family detached dwelling on a lot of record of less thaxl acre area, subject to conditions based on findings that the soils are acceptable for tS'e tic system designed for a 3-Bedroom house, that the City has a strong policy of _ ving and encouraging historic structure, that the house is 130 years old and frPti a 100 year oarm in Lake Elmo; and that the current building is located 600' from the yacant parceIand it is . . economically prohibitive to move it and structurafdaipagthe budding may result from a longer move. (Motion passed 5-0). D. Resolution No. 2005-088:C The City Planner explained on Augu2005, the P1anniig Commission conducted a Public Hearing regarding amend/tents rithe Coprehensive Plan resulting from the Memorandum of Agreement betweenithe Metropolitan Council. He reported that this was the second.JuJk'Hearhg,conducted by the Commission on the amendments. He alsorepqrted tNn August 9, 2005 the Commission recommended forwarding the CompreheriSt ainendments to the Council with a list of eleven recommended modifications totje Hearing Draft. Mayor Johnson suggeited in #81i1er supply, we should include the words "health, safety concern" as a baths requiring residences to be connected to the City water supply Mayor Johnston made a motion to adopt modifications items 1-10 as recommended by the Planning Commission with Item No. 11 to be left out to be discussed later. M/S/ Johnston/Johnson - to adopt Resolution No. 2005-089, A Resolution Approving the 2010-2030 Lake Elmo Comprehensive Plan, including modifications Items 1-10 recommended by the Planning Commission, excluding the Eischen/Dupuis property per their written request, to add the statement that the Lake Elmo Park Reserve should stay as a reserve and not as a park, and to include Parks Commissioner Blackford's comments on mountain biking not permitted in Sunfish Park, LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 2005 8 Council member Smith brought up a coloring error on the map designating Midland Meadows. The Planner said there is an error on that map for Regional Sewer Plan and the Future Land Use Map has the same error. He said that this error can be corrected with no action by the Council required. jafeiz, Au/may /F Aer—aLehort agoAA A-44/ Council member beLapp commented that the Comprehensive Plan did not address the transfer of development rights. Planner Dillerud responded that TDR is not a Comp Plan issue, Council member DeLapp said he thought this was his opportunity to bring the comments he had on the Comp Plan, Attomey Filla pointed out that if changes are made to the comp plan after adoption, then the City would have to send a corrected copy to the neighboring coMmunities. Mayor Johnston stated the City has to approve the Comp meet its schedule. Council member Johnson called the question. so the City can MIS! Johnston/Johnson - to adopt Resolution No. 2 t•089, A Resolution Approving the 2010-2030 Lake Elmo Comprehensive Plan, including modifications Items 1-10 recommended by the Planning Commission e t e EiSchen/Dupuis property from the Village Area per their written request, addingstabsLateiIiiiit that the Lake Elmo Park Reserve should stay as a Reserve and not be changed to a Regional Park, and to include Parks Commissioner Blackford's. co1)unr1ts cm,r4ountain biking not being permitted in Sunfish Park, The Comprehensive he submitted to the surrounding communities for their review. (Motion passed 4-O. Council member DeLapp statd this Comprehensive Plan is a disgrace to the City and departed the meeting at 1115' Council member Conlin stated that Council member DeLapp left without an opportunity for him to speak his pie.C.e She ---said he was not driven out of here. Council member Smith stated the Council listened to the other Council members points, but didn't let Council member DeLapp have his say. She said that the Mayor had stated previously that there would be a discussion afterwards. This is a Council of five members. 10. CITY ATTORNEY'S REPORT; 11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCIL REPORTS: The Council adjourn the meeting at 11:25 p.m. LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 2005 9 Respectfully submitted by Sharon Lumby, City Clerk Resolution No. 2005-083 Approve Claims Resolution No. 2005-084 Approve Plans for Hill Top Avenue Resolution No. 2005-085 Approve Plans for Watermain Interconnect Phase III Project Resolution No. 2005-086 Development Stage Plan, CUP and Preliminary Plat, Discover Crossing Resolution No. 2005-087 Variance to Lot Size — Hardy Resolution No. 2005-088:Adoptionof Comprehensive Plan Ordinance No. 97-161 Adopt 25mph along Klondike Avenue LAKE ELMO CITY COUNCJL MINUTES AUGUST 16, 2005 10 Lake Elmo City Council September 6 2005 Agenda Section: Public Inquires/Informational Agenda Item: Sessing Appeal Background Information for September 2005: No. 3B(2) By his letter of August 23, 2006 Mr. Sessing has appealed the Administrative Determinations/Orders by Zoning Administrator McNamara regarding the property at 5699 Keats Avenue. A copy of Mr. McNamara's Determinations/Orders, Mr. Sessing's Appeal letter, and a September 1. 'letter from Joan/Steve Zertman regarding this Appeal are attached. The City Code provides for a formal appeal procedure (including Notice) on matters of the Zoning Ordinance and a limited number of other City Code chapters. One such other chapter subject to a formal Appeal is Section 700 — "Individual and Community Sewer Systems". So, with regard to the drain field matter that Mr. Sessing has appealed the Council is formally acting as the Board of Adjustments and Appeals. No form of Board action (Motion, Resolution, Ordinance) is specified by Section 700, but it would be best to take action directing preparation of the Resolution either confirming the Zoning Administrator's Order regarding the drain field or overturning the Order based on Findings. There is no formal appeal process for Administrative Determinations or Orders provided by Section 505 of the City Code. Section 505 covers site grading and excavating permits. Action items: Motion regarding preparation of a Resolution either confirming or overturning the Order regarding the Sessing drain field. Motion(s) regarding the grading deterininations/orders by the Zoning Administrator, Attachments: 1. McNamara Letter of August 16, 2005 2. Sessing Appeal Letter of August 23, 2005 3. Zertman communication of September 1, 2005 Person,resPonsible: I \ C Time Allocated: CllY OF LAKE ELMO City of Lake Elmo August 16, 2005 Mr. & Mrs. Rodney Sessing 5699 Keats Ave. Lake Elmo, Mn. 55042 Re: Necessary corrections Mr. & Mrs. Sessing 651/777-5510 3800 Laverne Avenue North / lake Elmo, MN 55042 I have received a memorandum from our city engineer, Tom Prew. His recommendations to correct the following problems of runoff and drainfield size are as follows: 1) Must add gutters to the north side of the pole building and the water from the pole bldg roof be directed east around the back of the building. • 2) The driveway around the side of the house to the pole building must be finish graded so all the runoff is directed south around the pole building. 3> The drainfield size does not match the as -built plan in our file. The drainfield size should be increased by 50-55 feet to bring the house into compliance. If you have any questions concerning the above issues please contact our city office. Sikcerely, a g cid/Code Enforcement Officer City of Lake Elmo printed on recycled paper TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: Martin Rafferty 1500 Piper Jaffrey Piaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Reference: Rod Sessing Grading Copies To: City of Lake Elmo, Minnesota Proj. No.: 13267.000 From: Thomas D. Prew, P. E. Routing: Date: August 9, 2005 Background The City has received numerous complaints from the neighbor to the north about the grading activities on this lot. The primary complaints stem from the building of a pole bam near the north property line. This house was built in 1989. At that time minor grading was done around the house in a normal fashion. As shown in the chart below a small amount of pervious ground flowed northward across the property line. There was no negative impact from this small amount of runoff. When the pole barn was constructed, the homeowner moved in excess of 50 cubic yards of material to make a building pad for the pole barn. The fill was placed in the natural drainage -way, and interrupted water leaving the Zertman property to the north. The recent building addition on the house has called into question all previous grading activity on this lot. I have reviewed the previous grading activities on this property dating back to when the property was first developed. Based on the contour maps I have determined the following: Time Frame Before House was Built After House was Built After Pole Barn was Built After House Addition was Built Review Area Flowing to Property Line 0.12 Acres 0.09 Acres 0.15 Acres 0.13 Acres The original house had no impact on the Zertman property to the north. When the pole barn and driveway to it were built it increased the total area and amount of impervious area that flowed towards the Zertman's property. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Memo Page 2 Date MetroPass The pole barn being built in the drainage -way has changed the path the water travels to leave the Zertman property, The new house addition has slightly reduced the amount of area that flows towards the Zertmans property because gutters were placed on the addition. Recommendation To help reduce the amount of water currently flowing to the north property line, I would recommend that gutters be added to the north side of the pole barn and that the water from the roof be directed east around the back of the pole barn. This will both reduce the amount of water that runs to the Zertman property, and extend the life of the wood retaining wall. The driveway from the house to the pole barn should be finished graded so that all runoff from it is directed south around the pole barn. Again, this will both reduce the amount of water that runs to the Zertman property, and extend the life of the wood retaining wall, These two recommendations will reduce the amount of water which reaches the Zertman property from the Sessing property. Because water flows in a new path along the retaining wall to leave the Zertman property, the area should be monitored so see if any damage occurs as a result of it. August 23, 2005 Dear Jim McNamara, I received your letter dated August 16th on Monday August 22, 2005. I had sent you a letter back in 1998 when you wanted to know what happened to the draM field. I explained this to you and the City back then and it was acceptable in your eyes as reasonable. There were no corrections at that time needed. Now Tom Prew thinks that it appears it could need to have an additional 45 to 50 feet added on just because he can not verify that the drain field is not underground, what was installed in 1989 when the home was constructed and you inspected is there except for the 4 to 6" that I told you I cut off because I pushed on a solid pipe to drain the water so I could dig out the additional rock that was installed 5 to 6 feet past the end of the pipe the solid pipe was stuck on so I cut it off, This was acceptable to you then and should be now. Nothing has changed. Tom Prew can not be positive that it is not there he is giving an educated guess what is below ground. I have had my system pumped several times since then and that proves that it is working fine and that there are no problems with the drain field. A probe does not verify that the drain field is not there. I hear by appeal your decision to force me to make my system bigger than what is there now. As for the grading for the new addition I received an approved grading plan from the City of Lake Elmo and the water goes north on that plan and now Tom Prew says to have all the driveway water go south, It has already been inspected by both Tom Prew and you and you both said it was installed according to the plan. That should pass as is. As for the pole barn I received a building permit and had all inspections that were required and a grading permit was never requested or required from me by the city at that time. In 1999 the field stone was an illegal landscape material according to Jerry Filla. That was over ruled by the council to permit it. Now in 2004 it was all of a sudden was a structure"problem for the fieldstone in the set back area and now it is a water issue. From 1997 when the pole barn was build and after I redid the field stone in early 1998 there has never been a water issue. Now in 2004 water is the issue. How many times do I need approval from the City of Lake Elmo to do a project and it not have to be crucified for it over and over again. It was not required in 1997 to install gutters on the north side of the pole building and it should not be required now and to change the whole grading plan from what was approved by Tom Prew seems to me to be a little strange, since the approve plan shows the water going to the north and it always went to the north and he approved that last year and it was put in with good faith and reliance on the City that is what the City wanted for a final grade and now after it had been inspected and installed according to the approved City plan Tom wants all the water from the road to go to the South, when he stated when he was out there on site for the final grading inspection that there is not a real water issue here. There is only .01 differences from pre construction from before the original home to present, over 1100 feet of northern property line that sure is not much at all if it is even measurable. I would hope that Tom Prew has looked at the additional water coming my direction from the Ziertman's since they have filled overl/3 of the water basin just to the north of me with his pole barns and now pushes that water my way it is more than likely pushing more than .01 acres my way of additional water. But I forgot the city is only looking at me these days. I appeal this decision also. This City is on a witch hunt for anything and everything I do or have done. I have gotten permission for everything I have started to build or have built. I even checked with the city to make sure we could run a home occupation before we started and everyone said yes it was allowed and we all found out later it was not the case, but now it is legal since March of 2005 to run a home occupation. I am appealing your letter dated August 16111 2005 in its entirety. How with conscience how can the City change their minds on every subject against me, when they have given permission to do everything by either permit or verbal permission if a permit was not required and now many years later keep bringing up the issues again and again. Rodney Sessing 5699 Keats Ave, N. Lake Elmo, MN 55042 September 1, 2005 To: Marty Rafferty Re: Sessing appeal scheduled for 9-6-05 Mr. Rafferty, In regards to the Sessing appeal scheduled for 9-6-05. We have some comments that we would like considered for this appeal. While we feel that items 1 & 2 (the gutters and grading) need to be done on the Sessing property, so much more was discussed at both the 3-10-05 meeting and the 6-30-05 meeting. These items also need to be considered when discussing the drainage on the Sessing property. There is no mention of the illegal 4 inch drainage tube that runs under the driveway and comes out in the non buildable setback area and is laying right along the property line. This should be removed. There is also no mention of the 3 drainage ditches that were dug in to divert water to our property. These should be filled in. The other item that was a big topic of conversation that has not been addressed is the setback along the Sessing pole building. This has an impact on the drainage. As discussed at both of our previous meetings, there is a 10 foot required yard setback in the RR zoning district. This non buildable area needs to be kept in its natural and existing character and can not have any structures placed in this area. Currently the Sessings have 3 illegally placed structures in this area, There is the retaining wall that is rotting and slumping on our property, the illegally placed drainage system and the man made berm, These 3 items should be moved to the 10 foot required setback and the grade should be restored to its original state. This will alleviate some of the drainage issues and restore some of the natural drainage pattern of the properties. In regards to the drainfield item. We would like to make sure that this is corrected to state and county guidelines as well as city code. We would question the legality of just adding on 55 feet to the existing drainfield, There is a 20 foot structure setback requirement. Currently the lines come right to the retaining wall and do not have the additional 20 feet of drainage required by state, county and city code. Please keep in mind Mr. Sessing has admitted to altering his drainfield. This was done without a permit and was not done by a licensed professional which is required by code Thank you for your time and consideration. Sincerply, Joan Ziertm all Steve Ziertman CC: City Council CC: Mr, Jerry Filla Breakfast 7:30 Educational Session 8-8:30 Project 9-11:00 Clean-up 11-11:30 Snack 11:30 Volunteers are needed to help with the project or to donate water, snacks, and beverages. Participants should wear long pants and long sleeves, bring gloves, and wear good shoes. Questions OR to Donate: Joan Ziertman 779-9134. CITY OF LAKE ELMO NVASHINGTON COUNTY, MINNESOTA 'SOLUTION NO. 2005-089 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim -Numbers 275 through 278, DD485 through DD516, 27811 through 27823, 27825 through 27835 were used for Staff Payrolls dated August 16th, 2005 and September 15'2005; claims 279, 27824, 27836 through 27902, in the total amount of S445,442.33 are hereby approved. OPTED, by the Lake Elmo City Council on the 61t) day of September, 2005. Dean A. Johnston Mayor ATTEST: Martin J. Rafferty City Administrator Accounts Payable Computer Check Proof List User: administrator Printed: 09/01/2005 - 2:51 PM Invoice No Vendor:ADVGR 10267 Vendor:ALERTALL 5070179 5080366 Vendor:ALEXAIR 9508 Vendor:AMDAHL 2438 Vendor:AmeriMar 13017 Vendor:AMFLAG 71153 Vendor.ARAM 629-5782183 629-5791833 Description Advanced Graphix, Inc. Decals for Trailer Check Total: Alert -All Magnets - Fire Prevention Badges, T-Shirts - Fire Prevention Check Total: Alex Air Apparatus, Inc Batteries - Fire Dept. Check Total: CladsAmdahl Lock - Fire Dept. Check Total: AmeriMark Direct Pencils - Recycling Check Total: American Flagpole & Flag Flagpole brackets Check Total: Aramark Linen - City Hall Linen - City Hall Amount Payment Date Acct Number I II II Ili I III I Check Sequence: 1 7.16 09/06/2005 101-450-5200-44300 7.16 375.00 09/06/2005 225.00 09/06/2005 600.00 Check Sequence: 2 101-420-2220-42090 101-420-2220-42090 Check Sequence: 3 418.84 09/06/2005 101-420-2220-42400 418.84 Check Sequence: 4 537.00 09/06/2005 101-420-2220-44010 537.00 Check Sequence: 5 270.00 09/06/2005 101-430-3200-42100 270.00 Check Sequence: 6 165.29 09/06/2005 101-410-1940-42230 165.29 Check Sequence: 7 54.93 09/06/2005 101-410-1940-44010 59.93 09/06/2005 101-410-1940-44010 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No 1110001110111014 AP - Computer Check Proof List (09/01/2005 - 2:51 PM) Page 1 Invoice No Vendor ASPENMI 62499 Description Check Total: Aspen Mills, Inc. Ties and Clips - Fire Dept Check Total: Vendor.AUTOMAT1 Automatic Systems Co. 15511S Power Supply Repl. - 194 Lift Station Check Total: Vendor:BRYAN 19179 Vendor COHEN Claim 08/16 Tvl Claim 08/16 Bryan Rock Products, Inc. Ag Lime - Tana Park Check Total: BruceCohen Training Stipend Lodging, cab - 1FC Conference Check Total: VendorDAVISSUN Davis Stm Turf TI04950 Dragmats Check Total: VendorDITCHWIT R18225 R18225 Vendor:DTI 105930-August 10593 0-August 105930-August 105930-August Ditch Witch of Mn, Inc. Excavator Rental Excavator Rental Check Total: DTI Telephone Service - Fire Dept. Telephone Service - Public Works Telephone Service - Well 1 Telephone Service - Lift Stations Check Total: Vendor.ELMOLUM Elmo's Lumber & Plywood 031980-01 Lag Screws, Pipe Strip 031983-01 Plastic Wood Amount Payment Date Acct Number 114.86 Check Sequence: 8 135.19 09/06/2005 101-420-2220-44170 135.19 Check Sequence: 9 270.84 09/06/2005 602-495-9450-44030 270.84 Check Sequence: 10 332.33 09/06/2005 101-450-5200-42250 332.33 100.00 09/06/2005 460.04 09/06/2005 560.04 Check Sequence: 11 101420-2220-44370 101-420-2220-43310 Check Sequence: 12 515.46 09/06/2005 101-450-5200-42250 515.46 639_00 09/06/2005 213.00 09/06/2005 852.00 118.89 09/06/2005 69.70 09/06/2005 34.70 09/06/2005 104.09 09/06/2005 327.38 Check Sequence: 13 601-494-9400-44300 603-496-9500-44300 Check Sequence: 14 101-420-2220-43210 101-430-3100-43210 601-494-9400-43210 602-495-9450-43210 Check Sequence: 15 23.10 09/06/2005 101-450-5200-42210 4.25 09/06/2005 101-450-5200-42150 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (09/01/2005 - 2:51 PM) Page 2 Invoice No Vendor:EMAUTO ST081105-4 ST081105-6 ST081205-2 ST081205-3 Vendor:EMERGAPP 22439 22442 22443 22647 Vendor:EXCELLCO 11029000093 Vendor:FASTENAL MNT111849 MNT111849 Vendor FlREEQUI 4170 4171 Vendor:FOUR 23-040345 Description Check Total: EmergencyAutomotive Technology Inc. Lights - Tool Cat Switches - Tool Cat Lights - Tool Cat Switches - Tool Cat Check Total: Emergency Apparatus Maint. 3176 - 14 Repairs 3175 - 18 Repairs 3173 - 10 Repans 3173 - Fog Lights, Head Ldrnps Check Total: EXCELLCOM Leather Case - Public Works Check Total: Fastenal Shop Supplies - Public Works Asphalt Cutting Blade Check Total: Fire Equipment Specialties Firefighting Gear Firefighting Gear Check Total: Four Seasons Service Supplies - City Hall Check Total: Vendor:FRANPROD Franklin Products 80819 Fire Hats for fire prevention Check Total: Amount Payment Date Acct Number Reference 27.35 239.34 09/06/2005 15.19 09/06/2005 156.02 09/06/2005 6.79 09/06/2005 417.34 2,299.90 09/06/2005 8,373,41 09/06/2005 2,187.27 09/06/2005 245.68 09/06/2005 13,106.26 Check Sequence: 16 101-430-3100-42210 101-430-3100-42210 101-450-5200-42210 101-450-5200-42210 Check Sequence: 17 101-420-2220 14040 101-420-2220 41040 101-420-2220-44040 101-420-2220-44040 Check Sequence: 18 26.63 09/06/2005 101-430-3100-43210 26.63 166.41 09/06/2005 185.06 09/06/2005 351.47 1,331.31 09/06/2005 5,293.41 09/06/2005 6,624.72 Check Sequence: 19 101-430-3100-42150 601-494-9400-44300 Check Sequence: 20 101-420-2220-44170 101-420-2220-44170 Check Sequence: 21 61.65 09/06/2005 101-410-1940-44300 61.65 456.50 09/06/2005 456.50 Check Sequence: 22 101-420-2220-42090 ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (09/01/2005 - 2:51 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Vendor:FXL FXL, Inc. Check Sequence: 23 ACH Enabled: No September2005 Assessing Services 1,700.00 09/06/2005 101-410-1550-43100 Check Total: 1,700.00 Vendor:GENESIS Next Genesis Productions Check Sequence: 24 ACH Enabled: No IVC00718 Server Switch 702.00 09/06/2005 101-410-1520-43185 Check Total: 702.00 Vendor:Guests Guest Services Check Sequence: 25 ACH Enabled: No Lake Elmo FD NETC Lunches - Mahaiquist/Tremain 240.60 09/06/2005 101-420-2220-44370 Check Total: 240.60 Vendor:GWHIZ G-Whiz Lettering, Inc. Check Sequence: 26 ACH Enabled: No 4032 Uniforms Lettering 266.00 09/06/2005 101-420-2220 44170 Check Total: 266.00 VendorKAMCO Kamco Check Sequence: 27 ACH Enabled: No 08/23 Stump Removal 50.00 09/06/2005 101-450-5200-44030 Check Total: 50.00 Veudor.KEYSTGRP The Keystone Group Check Sequence: 28 ACH Enabled: No 1782 LZ Kit - Fire Dept 337.55 09/06/2005 101-420-2220-45800 Check Total: 337.55 Vendor.T.FSCO Lesco, Inc. Check Sequence: 29 ACH Enabled: No 12857758 Landscaping Materials - Parks 114.04 09/06/2005 101-450-5200-42250 Check Total: 114.04 Vendor.LILLA Jason & Dianna Lilla Check Sequence: 30 ACH Enabled: No 00-00843-00-1 Refund - Duplicate Payment 90.25 09/06/2005 601-000-0000-11500 Check Total: 90.25 Vendor:MALMQ GregMahnquist Check Sequence: 31 ACH Enabled: No Claim 08/16 Food, Lodging - IAFC Conference 1,226.50 09/06/2005 101-420-2220-43310 Claim 08/19 Water - Fire Dept. 25.44 09/06/2005 101-420-2220 4 4300 Claim 08/23 10 Burning Permits 100.00 09/06/2005 101-420-2220-44300 Claim 08/9-13 Training Stipend 100.00 09/06/2005 101-420-2220-44370 AP - Computer Check Proof List (09/01/2005 - 2:51 PM) Page 4 Invoice No Vendor:MAMA 1228 Description Check Total: Metropolitan AreaManager Asociation MAMA Luncheon 08/18/05 Check Total: Vendor:MENARDSO Menards - Oakdale 23962 Paint -Parks Check Total: Vendor:MENARDST 88940 90087 90173 Menards - Stillwater Clamps for poles - Parks Paint -Parks Door Stop, Floor Dry - Fire Dept. Check Total: Vendor:METROCA Metrocall Inc. A0318076H Pagers - Fire Dept. Check Total: Vendor:MNDOH 07/01-09/30 Vendor:Natl Wat 2648470 2668631 2683837 Vendor:NEXTEL 761950227-029 761950227-029 761950227-029 761950227-029 761950227-029 MN Department of Health Water Supply Svce Conn. Fee Check Total: National Waterworks Water Meters Water Meter Supplies Water Meter Supplies Check Total: Nextel Corranunications Cellular Service - Admin Cellular Service - Fire Dept. Cellular Service - Bldg Dept. Cellular Service - Public Works Cellular Service - Parks ' Check Total: Amount Payment Date Acct Number 1,451.94 Check Sequence: 32 18.00 09/06/2005 101-410-1320-44370 18.00 Check Sequence: 33 31.36 09/06/2005 101-450-5200-42250 31.36 12.90 09/06/2005 34.48 09/06/2005 28.72 09/06/2005 76.10 Check Sequence: 34 101-450-5200-42250 101-450-5200-42250 101-420-2220-42230 Check Sequence: 35 80.94 09/06/2005 101-420-2220-43210 80.94 Check Sequence: 36 816.00 09/06/2005 601-494-9400-43820 816.00 863.08 09/06/2005 223.27 09/06/2005 103.40 09/06/2005 1,189.75 76.53 09/06/2005 88.02 09/06/2005 33.12 09/06/2005 49.68 09/06/2005 16.56 09/06/2005 263.91 Check Sequence: 37 601-494-9400-42300 601-494-9400-42300 601-494-9400-42270 Check Sequence: 38 101-410-1940-43210 101-420-2220-43210 101-420-2400-43210 101-430-3100-43210 101-450-5200-43210 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (09/01/2005 - 2:51 PM) Page 5 invoice No Description Vendor:NORTHEMS North Memorial EMS Education 2827 BLS Instr. Training - B. Cohen Check Total: Vendor.OakPark 350 Vendor:01.1,10E1V1X 298014 597809 856951 Vendor:PELNAR August 2005 Vendor:PETERSO 11135M 11140M 11150M 11155M 11161M VendorPITPURCH -8922 VendorPOSTOP.F I Account 19 Vendor:PRESS 08/16 Oak Park Auto Inc. Oil, plugs, wires, scan - Bldg Dept. Check Total: OfficeMax Fax Cartridges - Public Works Paper, Staples Filing Cabinet - Finance Check Total: KathiPelnar Animal Control - August 2005 Check Total: Peterson From & Bergman Admin Criminal Pros Public Imp Projects Civil Litigation - Sessing Property Auto Forfeiture Check Total: Purchase Power Annual Fee - Postage Check Total: POSTMASTER Postage - Bulk Mailings Check Total: StevenPress Cablecast - City Council Check Total: Amount Payment Date Acct Number Check Sequence: 39 175.00 09/06/2005 101-420-2220-44370 175.00 Check Sequence: 40 313.59 09/06/2005 101-420-2400-44040 313.59 25.53 09/06/2005 27.95 09/06/2005 165.06 09/06/2005 218_54 2,025.55 09/06/2005 2,025.55 3,690.32 09/06/2005 3,349.44 09/06/2005 333.50 09/06/2005 132.54 09/06/2005 40.50 09/06/2005 7,546.30 Check Sequence: 41 101-430-3100-42000 101-410-1320-42000 101-410-1520-44300 Check Sequence: 42 101-420-2700-43150 Check Sequence: 43 101-410-1610-43040 101-410-1610-43045 803-490-9070-43040 101-410-1610-43040 101-410-1610-43045 Check Sequence: 44 35.00 09/06/2005 101410-1320-44300 35.00 Check Sequence: 45 500.00 09/06/2005 101-410-1320-43220 500.00 Check Sequence: 46 54.00 09/06/2005 101-410-1320-43620 54.00 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (09/01/2005 - 2:51 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference Vendor:QLTANTLIM Quantum Digital Imaging Check Sequence: 47 ACH Enabled: No 36792 Maps - Comp Plan 615.56 09/06/2005 101-410-1910-43020 Check Total: 615.56 Vendor:QUICKSI Quicksilver Check Sequence: 48 ACH Enabled: No 6249811 Courier - Northland Securities 31.16 09/06/2005 101-410-1520-44300 Check Total: 31.16 Vendor:REED Reed Business Information Check Sequence: 49 ACH Enabled: No 2991853 Bid Publication - PW Facility - 08/12 141.40 09/06/2005 101-410-1320-43510 2997403 Bid Publication - Water System 179.78 09/06/2005 101-410-1320-43510 2997404 Bid Publication - 2005 Streets 149.48 09/06/2005 101-410-1320-43510 2997405 Bid Publication - PW Facility - 08/19 141.40 09/06/2005 101-410-1320-43510 Check Total: 612.06 Vendor:Reserve Pitney BowesReserve Account Check Sequence: 50 ACH Enabled: No 20313037 Postage - Metered 500.00 09/06/2005 101-410-1320-43220 Check Total: 500.00 Vendor:RICKPAVE Rick Pavek Construction Check Sequence: 51 ACH Enabled: No Permit 3294 Return Rd Dep. for 3077 Inwood 1,000.00 09/06/2005 803-000-0000-22900 Check Total: 1,000.00 Vendor:RUD DianePrince-Rud Check Sequence: 52 ACH Enabled: No 08/15-08/31 Cleaning - City Hall 360.00 09/06/2005 101-410-1940-44010 08/15-08/31 Cleaning - Fire Hall 360.00 09/06/2005 101-420-222044010 Check Total: 720.00 Vendor S&T S&T Office Products, Inc. Check Sequence: 53 ACH Enabled: No 01KD9757 Name Plate - Planning Comm. 22.84 09/06/2005 101-410-1910-42000 01KE1053 Color Paper, Stamp 41.71 09/06/2005 101-410-1320-42000 0110E5102 Color Paper 13.48 09/06/2005 101-410-1320-42000 Check Total: 78.03 Vendor:SATELLIT Satellite Shelters, Inc. 24180625 Rent - Bldg Dept Trailer Check Total: 319_50 09/06/2005 319.50 Check Sequence: 54 101-420-2400 11120 ACH Enabled: No AP - Computer Check Proof List (09/01/2005 - 2:51 PM) Page 7 Invoice No Vendor: SONMOR Claim 08/23 Vendor: SPRINT 0526076028-3 Vendor: STJOSEPH SR13925 Vendor:Streiche 1280949 1287876 Vendor: SYmbo1 0047336-IN Vendor:TESSMAN S059723-IN S059730-1N Vendor:TIGERCO 1073284-RI Vendor: TKDA 000200503037 000200503038 000200503039 000200503039 000200503039 000200503039 000200503039 000200503039 Description ChadSonmor Reimb. for EMT Training Check Total: Sprint Laptop Data Card - Fire Dept. Check Total: St Joseph Equipment, Inc. Backhoe Rental Check Total: STREICHER'S Name Tag - L. Olson Name Tag - C. Howard Check Total: Symbol Arts Badges - new members - Fire Dept. Check Total: Tessman Company Erosion Blankets Erosion Blankets Check Total: Tiger Corporation Mower Blades Check Total: TKDA, Inc. Water Sys Interconnection Water Tank - Prelim. Design Comp Plan Ut. Permits, Grading Reviews, Mtgs 5 yr CIP, Klondike Speed Limit New City Hall Water System 5lst St Drainage, MS4 Workshop Amount Payment Date Acct Number Check Sequence: 55 240.00 09/06/2005 101-420-2220-44370 240.00 Check Sequence: 56 51.18 09/06/2005 101-420-2220-43210 51.18 Check Sequence: 57 213.00 09/06/2005 101-430-3100-43150 213.00 14.80 09/06/2005 14.80 09/06/2005 29.60 Check Sequence: 58 101-420-2220-44170 101-420-2220-44170 Check Sequence: 59 670.00 09/06/2005 101-420-2220-44170 670.00 614.51 09/06/2005 273.71 09/06/2005 888.22 Check Sequence: 60 101-430-3100-42240 101-430-3100-42240 Check Sequence: 61 184.90 09/06/2005 101-450-5200-42210 184.90 33,939.19 09/06/2005 188.00 09/06/2005 35,541.51 09/06/2005 1,589.01 09/06/2005 680.50 09/06/2005 42.05 09/06/2005 823.20 09/06/2005 464.91 09/06/2005 Check Sequence: 62 601-494-9400-43030 601-494-9400-43030 101-410-1910-43020 101-410-1930-43030 409-480-8000-43030 410-480-8000-45200 601-494-9400-43030 603-496-9500-43030 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (09/01/2005 - 2:51 PM) Page 8 invoice No DesCription Amount Payment Date Acct Number Reference 000200503039 000200503040 000200503063 000200503066 Vendor.TRISTATE A36151 A36248 S09226 Tapestry, Farm, Serenity, DG, Disc. Xing City Council Meetings PW @ Sunfish Lake - Design 2005 Hilltop Repairs - Feasibility Rpt Check. Total: Tri State Bobcat, Inc. Switch - Public Works Bedliner, Rack- Bobcat Bobcat Check Total: Vendor:WAS-SHER Washington County 46065 Law Enforcement Contract - Jan-June05 Check Total: Vendor:WAS-TRAN 45939 Vendor:WASHTAX 70672 Vendor XCEL 38640873 39195267 39269946 39273737 39290627 39300254 39308618 39314677 39328007 39328382 39333654 Washington County Striping Roads Check Total: Washington County Vehicle Registration Check Total: Xcel Energy 3014 Jamley 2759 Legion - Public Works 4259 Jamaca - Public Works 11194 Upper 33rd St Traffic Lights - 998 Inwood 11062 34th St - Lift Station 3585 Laverne Ave 3510 Laverne - Fire Hall Traffic Lights - Manning/Stillwater 3511 Laverne - Fire Hall City Hall Check Total: 11,004.17 09/06/2005 200.00 09/06/2005 26,576.62 09/06/2005 470.94 09/06/2005 111,520.10 12.06 09/06/2005 551.66 09/06/2005 36,3 81.28 09/06/2005 36,945.00 162,946.28 09/06/2005 162,946.28 9,347.52 09/06/2005 9,347.52 803-490-9070-43030 101-410-1930-43030 410-480-8000-45200 409-480-8000-43030 Check Sequence: 63 101-430-3100-42210 410-480-8000-45400 410-480-8000-45400 Check Sequence: 64 101-420-2100-43150 Check Sequence: 65 101-430-3100-43150 Check Sequence: 66 468.02 09/06/2005 410-480-8000-45800 468.02 25.33 12.01 166.86 35.23 33.94 14.50 31.69 194.22 26.80 41.65 449.05 1,031.28 09/06/2005 09/06/2005 09/06/2005 09/06/2005 09/06/2005 09/06/2005 09/06/2005 09/06/2005 09/06/2005 09/06/2005 09/06/2005 Check Sequence: 67 101-430-3160-43810 101-430-3100-43810 101-430-3100-43810 101-450-5200-43810 101-430-3160-43810 602-495-9450-43810 101-410-194043810 101-420-2220-43810 101430-3160-43810 101-420-2220-43810 101-410-1940-43810 ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (09/01/2005 - 2:51 PM) Page 9 Invoice No Description Amount Payment Date Acct Number Reference Total for Check Run: Total Number of Checks: 372,886.14 67 AP - Computer Check Proof List (09/01/2005 - 2:51 PM) Page 10 MONTH Jan Feb March I April May June Aug Sept Oct Nov Dec Totals 11140 Criminal Pros $3,456.17 $2,868.68 $3,562,62 $3,328.76 $3,329.95 3,777,44 CITY OF LAKE ELMO 2005 BILLING SUMMARY 11145 Public Imp. Pro,' $66.00 $544.36 $77.00 $297,00 $165.86 11135 Administration $4,443.11 $2,439.99 $3,375.41 $1,979,81 $3,779.92 $3,795.88 MIZ $23,504.44 $23,673.06 $1,150.22 11150 Community Dev $673,71 $198,00 $1,956.61 $2,,753.61 11155 Civil Liti $210.00 $99.00 $954.77 11161 Auto Forfeiture $464.00 $94.50 $318.50 $307.00 TOTAL ,$9312.99 $6,145.53 $9,312,14 $9,400.95 $390.50 $354.32 $518.00 $8,669.69 $363.00 $1,261.00 $40.50 $9,403,68 „DOM :r7-Vituziaz30, $6,668.93 $3,011.63 $1,783.00 $0.00 $0.00 $0.00 $0.00 $0.00 $59,79t 28 8/15/2005 Suite 300 50 East Fifth Street St, Paul, MNI 55101-1197 CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 P ERSON, BERGMAN ACCOUNT NO. (651)291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 07/31/2005 11135M FEES EXPENSES ADVANCES BALANCE 11135-000008 Comp. Plan Update 2000-2020 374.00 0.00 0.00 $374.00 11135-030005 OLD VILLAGE AREA MORATORIUM 77.00 0.00 0.00 $77.00 11135-040009 PURCHASE OF SIEDOW/LEASE PROPERTY 175.00 0.00 0.00 $175.00 11135-050003 3M - TOWER/PUBLIC WORKS BUILDING SITE DONATION 143.00 0.00 0.00 $143.00 11135-050004 NEXTEL - WATER TOWER LEASE 253.00 0.00 0.00 $253.00 11135920001 Administration 2,665.00 3,687.00 3.32 0.00 $2,668.32 3.32 0.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. $3,690.32 PAYMENTS RECEIVED AFTER THE LAST AV OF THE MONTH WILL BE CREDITED TO TM NEXT MONTH'S STATEMENT, PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street Si Paul, MN 55101-1197 CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 P ERSON BERGMAN 11140-030001 Misc Prosecutions Woral:katemilti KIWI ACCOUNT NO. (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 07/31/2005 11140M FEES EXPENSES ADVANCES BALANCE 2,952.50 21.94 0.00 $2,974.44 11140-030030 Garavalia, Timothy Sr. Driving after suspension 5.00 11140-040145 Clayburne, Anthony W. speed 60/40, no proof of insurance, DAS 11140-040266 Sanchez, Marco A.E. 4th degree DUI 0.00 10.00 0.00 5.00 0.00 11140-050002 Ahartz, Venessa C. underage consumption 45.00 11140-050003 Collier, Nathan Andrew DAR, no proof of insurance 5.00 11140-050032 Lyman, Shane James no proof of insurance, falsely state info. 0.00 0.00 5.00 0.00 11140-050037 Walters, Diane Elaine GM -intent to escape MV tax 5.00 0.00 0.00 $5.00 0.00 $10.00 0.00 $5.00 0.00 $45.00 0.00 $5.00 0.00 $5.00 0.00 $5.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL RE CREDITED TO THE NEXT MONTH'S STATEMENT, PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO PUERSON, RAM&BERGIVIAN ACCOUNT NO. FEES EXPENSES ADVANCES 11140-050045 Patterson, Desiree Candelario 3rd degree DUI 45.00 0.00 0.00 11140-050051 Braun, Christopher Francis domestic assault, 911 intereference 50.00 0.00 0.00 11140-050057 Kuehn, Joshua Kenneth 3rd degree DUI, 45.00 0.00 0.00 11140-050078 Schmotter, Nicholas William GM-911 interference, domestic assault 11140-050112 Reyes, Miguel 4th degree DUI ° 11140-050118 Munoz, Troy Regan speed 76/55 5.00 0.00 5.00 0.00 60.00 0.00 11140-050127 Brantner, Tanya Louise DAS 11140-050133 Rassmussen, Lana Marie DAS, no insurance 5.00 0.00 5.00 0.00 11140-050140 Carranza, Armando G. GM -no insurance, DAR 10.00 0.00 (651) 291-8955 16511 228-1753 facsimile Federal Tax ID 041-0991098 Page: 2 07/31/2005 11140M BALANCE $45.00 $50.00 $45.00 0.00 $5.00 0.00 $5.00 0.00 $60.00 0.00 $5.00 0.00 $5.00 0.00 $10.00 THIS STATEMENT IS IDUEAND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVE» AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT, PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Sulte 300 50 East Fifth Street St. Pau), MN 55101-1197 CITY OF LAKE ELMO P ERSON BERGMAN 0".„..miumumm 11140-050141 Lee, Dasvis terroristic threats ACCOUNT NO. (651) 291-8955 (651) 228-1753 facsim (le Federal Tax ID #41-0991098 Page: 3 07/31/2005 11140M FEES EXPENSES ADVANCES BALANCE 5.00 0.00 11140-050144 Alexander, Brody posses fire arm, speed, fail to transfer title 10.00 0.00 11140-050146 Weiler, Richard Lawrence 3rd degree DUI, 3rd degree .10 45.00 11140-050159 Wheeler, Timothy P. domestic assault 0.00 5.00 0.00 3,327.50 21.94 0.00 $5.00 0.00 $10.00 0.00 $45.00 0.00 $5.00 0.00 $3,349.44 THIS STATEMENT IS DUE AND PAYAWLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St, Paul, MN 55101-1197 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 P BERGMAN ACCOUNT NO. 185() 291-055 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 07/31/2005 11150M FEES EXPENSES ADVANCES BALANCE 11150-040005 LAKEWOOD EVANGELICAL FREE CHURCH - REZONING - SUP 55.00 0.00 0.00 $55.00 11150-040019 CARDINAL VIEW - COMPREHENSIVE PLAN, REZONING 0.00 0.00 0.00 $0.00 11150-050002 LE PROFESSIONAL CENTER C/O J. MCDONALD VARIANCE 70.00 0.00 0.00 $70.00 11150-050006 DISCOVER CROSSING OP DEVELOPMENT 66.00 0.00 0.00 $66.00 11150-050009 PLAT, REZONING AND COMP PLAN - PARK MEADOWS 142.50 0.00 0.00 $142.50 333.50 0.00 0,60 $333.50 THISSTATEMENT IS DUEAND PAYABLE TO THE END OF THE MONTH. PANNIERITS RECEIVED AFTER THE LAST DAYOF THIN MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 P5-TERSON BERGMAN ORR 'slam. AlaaralloUttils, Me ill Rill 04 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 ACCOUNT NO. (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 07/31/2005 11155M FEES EXPENSES ADVANCES BALANCE 11155-040002 ZIERTMAN/SESSING PROPERTY 132.00 0.54 0.00 132.54 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTR. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BB CREDITED TO THE NEXT MONTHS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. haul, MN 55101-1(97 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 TERSQN,_ BERGMAN slownwigioppmummiul ACCOUNT NO. (6511 291-8955 (6511 228-1753 facsimile Federal Tax ID #4 1-0991098 Page; 1 07/31/2005 11161M FEES EXPENSES ADVANCES BALANCE 11161-050001 Erama, Angela vehicle forfeiture-2005 Escalade 40.50 0.00 0.00 40.50 THIS STATEMENT IS DUE AND PAYABLE TOTHE END OF THE MONTH. PAYMIENTS RECEIVED AFTER THE LAST DAV OF THE MONTH WILL RE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. ENGINEERS -ARCHITECTS • PLANNERS September 7, -'005 Honorable ivlayor and City Council City of Lake Elmo. Minnesota Re: Partial Payment No, 3 Water System Interconnect - Phase I City of Lake Elmo, Minnesota TKDA Project No, 13186.000 Dear Mayor and City Council: 1500 Piper Jaftray Pula 444 Cedar Set Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax wtyr2.1kdr,..corn Tile Contractor has had difficulty getting his pipe to pass the hydrostatic test due to leaks at many of the connections. They have been working to repair these. If they are complete with this work before the City Council meeting we will ask for approval, otherwise we will pull this item from the agenda. City, Council Action Requested Approve Partial Payment No. 3 in the amount of $135,676,36. Sincerely, Thomas D. Prew, P.E. City Engineer TDP:art Enclosures An Employee. Owoed Company Promoting Affirmative Action and Equal Opoollunity CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-090 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 3 TO CHRIS RILEY UTILITIES, INC. FOR WATER SYSTEM INTERCONNECT PHASE I BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 3 to Chris Riley Utilities, Inc. in the amount of $135,676.36 for work improvements to the Water System Interconnect Project Phase I, verified by the City Engineer in his memo dated September 2, 2005. ADOPTED by the Lake Elmo City Council the 6th day of September, 2005. Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator TKDA ENGINEERS "ARCHITECTS PLANNERS 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Project. No. 13186.000.002 Cert. No. 3 St. Paul, MN, September 2 . 20 05 To City of Lake Elmo, Minnesota Owner This Certifies that Chris Riley Utilities. Inc. , Contractor For Water System Interconnect - Phase I Is entitled to One Hundred Thirty -Five Thousand Six Hundred Seventy -Six Dollars and 36/100 - ($ 135,676.36 ) being 3rd estimate for partial payment on contract with you dated April 5 , 2005 Received payment in full of above Certificate. TKDA Chris Riley Utilities, Inc, , 20 Thomas D. Prew, P.E. RECAPITULATION OF ACCOUNT Contract price plus extras All previous payments All previous credits Extra No. Credit No. f I I t I I 1 t I t t AMOUNT OF THIS CERTIFICATE Totals There will remain unpaid on contract after payment of this Certificate s CONTRACT PLUS EXTRAS PAYMENTS CREDITS 348,626.18 $ 174,017.70 135,676.36 348 626.18 $ 309,694.06 $ 38,932.12 348,626.18 I $ 348,626.18 I $ An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TKDA Engineers -Architects -Planners Saint Paul, Minnesota 55101 PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No 3 Period Ending August 30 . 20 05 Page 1 of 1 Project, No. 13186.000.002 Contractor Chris Rilev Utilities, Inc. Original Contract Amount $348.626.18 Project Water System Interconnect Phase I Location City of Lake Elmo, Minnesota Total Contract Work Completed 325,993.75 Total Approved Credits 0.00 Total Approved Extra Work Completed 0.00 Approved Extra Orders Amount Completed 0.00 Total Amount Earned This Estimate 325,993.75 Less Approved Credits Less 5 % Retained Less Previous Payments Total Deductions Amount Due This Estimate Contractor Engineer Chris Riley Utilities, Inc. Thomas D. Prew, P.E. $ 0.00 16,299.69 174,017.70 190,317.39 135,676.36 Date Date September 2, 2005 ESTIMATE NO. 3 PERIOD ENDING: August 30, 2005 WATER SYSTEM INTERCONNECT - PHASE I CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO, 13186.000 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE BASE BID 1 MOBILIZATION LS 1,0 1.0 $ 15,000.00 $ 15,000,00 2 REMOVE & DISPOSE OF BIT. PAVEMENT SY 210.0 58.0 $ 5.00 $ 290.00 3 SAW CUT BIT, PAVEMENT LF 75.0 - $ 1.00 $ 4 PATCH BIT. PAVEMENT 4" THICK SY 210.0 - $ 18.00 $ 5 REMOVE & REPLACE CMP CULVERT LF 70.0 30.0 $ 12.00 $ 360.00 6 SEEDING, INCL. SEED, FERTILIZER & WOOD FIBER BLANKET SY 900.0 900.0 $ 1.50 $ 1,350.00 7 SODDING TYPE LAWN SY 200.0 - $ 2.50 $ 8 CL-5 TN 30.0 - $ 9.00 $ 9 BIT, PAVEMENT FOR DRIVEWAY 2" DEPTH TN 154.0 - $ 50.00 $ 10 CONNECT TO EXIST, WATERMAIN EA 1.0 1.0 $ 1,200.00 $ 1,200.00 11 6" DIP CL-52 WATERMAIN LF 42.0 24.0 $ 33.82 $ 811.68 12 8" DIP CL-50 WATERMAIN LF 15,0 12,0 $ 45,86 $ 550,32 13 DIR. DRILL 18" (DIP) HDPE DR 17 LF 6,649.0 6,649.0 $ 40.48 $ 269,151.52 14 6" RES, SEAT GATE VALVE & BOX EA 6.0 6.0 $ 888.42 $ 5,330.52 15 8" RES. SEAT GATE VALVE & BOX EA 1.0 1.0 $ 1,179.32 $ 1,179.32 16 16" BUTTERFLY VALVE & BOX EA 4.0 5,0 $ 2,610.91 $ 13,054,55 17 6" HYDRANT (7'-6" BURY) EA 6.0 6.0 $ 2,720.14 $ 16,320,84 18 MJ DIP COMPACT FITTINGS LB 4,109.0 465.0 $ 3.00 $ 1,395.00 19 TYPE LV-3 BIT. NON -WEAR COURSE MIXTURE TN - - $ - $ 20 TYPE LV-4 BIT, WEAR COURSE MIX TN - - $ - $ 21 BITUMINOUS MATERIAL FOR TACK COAT GA - - $ - $ 22 TOPSOIL BORROW CY - $ - $ - 23 SODDING SY - - $ - $ TOTAL ESTIMATE NO. 3 $ 325,993.75 4C. The City Engineer will bring his memo to the Coundil eeting. CIT F LA E E S INGT 1 N CI UNTY, INNES TA ESOLUTI 1 N NO. 2 1 91 A S UTI N AP VING PA TIAL PAY ENT NO. 1 T G CONT CTING FO WATE SYSTE INTE CONNECT — P SE II BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 1 to G.M. Contracting in the amount of $ for work improvements to the Water System Interconnect Project — Phase II, verified by the City Engineer in his memo dated September 2, 2005. 2005. ADOPTED by the Lake Elmo City Council the 6th day of September, Dean Johnston, Mayor ST: Martin Rafferty, City Administrator Lake Elmo City Council 09-06-2005 Agenda Section: Finance No . 5B Agenda Item: Set Truth n' Taxation Hearing Dates Background Information for September 06, 2005: The City conducts a Truth in Taxation Public Hearing for the 2006 General Fund Budget and the final 2005 Tax Levy, collectible in 2006. The time frame for these Hearing Date is between November 2911' and December 20'1' and cannot be conducted on the same dates the County, School District and any other Special Taxing District holds there hearings (see enclosed calendar). Due to the limited available dates, I recommend that the Council consider Monday December 5111 at 7:00pm and a Continuation Hearing (if necessary) on Monday December 1211' at 5:30 for the Truth in Taxation Public Hearings, Action Items: Motion to Adopt Resolution No. 2005-093 setting the Truth in Taxation Public Hearing dates for the 2005 Tax Levy and the 2006 Budget. Person responsible; Tom Bo uthilet Attach s: Resolution 2005-093 Washington County Pay 2006 Truth -in -Taxation Calendar of Hearing Dates CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-093 A RESOLUTION SETTING THE TRUTH IN TAXATION PUBLIC HEARING DATES FOR 2005 TAX LEVY WHEREAS, the City is required to set public hearing dates for the truth in taxation hearing on the 2006 budget and tax levy; and WHEREAS, these dates cannot conflict with those dates for school districts and other taxing districts within the City of Lake Elmo or Washington County; and WHEREAS, the City needs to set dates for the initial truth in taxation hearing date, and a proposed continuation hearing date should one be necessary. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the City of Lake Elmo has set December 5, 2005 at 7:00 p.m. as the initial truth in taxation public hearing date and December 12, 2005 at 5:30 p.m. as the continuation date for the truth and taxation public hearing, if necessary, for the final adoption of the levy and budget. ADOPTED, by the Lake Elmo City Council on the 6th day of September, 2005. Dean Johnston Mayor ATTEST: Martin Rafferty, City Administrator Sun Nov 20 Washington County Pay 2006 Truth -in -Taxation Calendar of Hearing Dates November — December 2006 Mon Nov 21 Tues Nov 22 Proposed Tax Notices Mailed Nov. 11th — 24th - Nov 27 Nov 28 Nov 29 ISD 2144 — 7:00 pm ISD 624 — 7:00pm ISD 831 — 7:00 pm 4 11 18 19 First day to hold a 6 D 200 —5:30 pm 622 — 7:00 pm Cont: ISD 624 — 7:00 pm Wed Nov 23 Nov 30 ISD 832 — 7:00pm ochoOi AggeSlivi AW Thurs Fri Sat Nov 24 Nov 25 Nov 26 Thanksgiving JioOl hia k 8 ISD 833 — 7:00 pm ISD 834 — 7:00 pm Cont: ISD 2144 — 7:00 pm Cont: ISD 832 — 6:00 pm 13 15 t ISD 200 — 6:00 pm 25 26 27 at: ISD 622— 7:00 pm t: ISD 831 — 7:00 pm ont: ISD 833 — 6:00 pm t: ISD 834 7:00 pm 21 22 9 10 16 17 23 24 28 29 30 31 Lake Elmo City Council 09-06-2005 .Agenda Section: Finance Agenda item: Adoption of Proposed Tax Levy & 2006 Budget Background Information for September 06, 2005: Attached, Please find Resolution 2005-092 pertaining to the adoption of the proposed 2006 proposed budget and the 2005 Tax Levy, collectible 2006 in the amount of $ 2,154,868. Several Budget & Council Committee Workshops were conducted including the August 24, 2005 with the full Council in attendance. The recommended adjustments _ have been completed and the proposed Levy was approved. Please note: the proposed amount certified to the County by September 15, 2005 cannot be increased however the City does retain the authority to lower the Levy, Action Items: Motion to Adopt Resolution No. 2005-092 for Person responsible: the Proposed 2005 Tax Levy, collectible in 2006 and the 2006 Torn Bouthilet Proposed Budget. Attachments; Resolution 2005-092 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-092 RESOLUTION APPROVING PROPOSED 2005 TAX LEVY, COLLECTIBLE IN 2006 & THE PROPOSED 2006 BUDGET WHEREAS, the City Council has conducted several budget workshops and committee meetings; WHEREAS, the City is required to adopt a proposed budget for payable 2006 and certified it's proposed property tax levy for payable in 2006, BE IT RESOLVED that the City adopts the proposed Budget payable in 2006 BE IT RESOLVED by the Council of the City of Lake Elmo, County of Washington, Minnesota that the following proposed sums of money be levied for the current year, collectible in 2006, upon taxable property in the City of Lake Elmo, for the following purposes: Total Levy $ 2,154,868 BE IT RESOLVED that the City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Washington County, Minnesota. ADOPTED, by the Lake Elmo City Council on the 6th day of September, 2005. Dean Johnston Mayor ATTEST: Martin Rafferty City Administrator Lake Elmo City Council September 6, 2005 cnda Section: Fire Department No. 7A. Aenda Item: Confirrn Fire Chief Appointment Background Information: On September 24th of 2004 the City Council adopted Ord. 97-141 relating to the organization and operation of the Fire Department. This occurred after deficiencies in the City Code were identified relating to operational authority. At that time, I recommended that the officers in place would remain until some time in the future, -when, I being a new Administrator, had enough time and information to move forward with the officer appointment process as defined in the new Ord. Approximately four Council meetings ago I announced that I would be opening and posting for all officer position for application to the membership. Each Fire Department member received a written notice that all positions for officers were being opened for application and inviting each member to apply if they so choose. The written notice was also posted on Fire Department bulletin boards and announced at the department meetings. The notice also included that any of the positions could become part time or fulltime in the future. One application was received for Chief, two applications for District Chief and five applications for Captain. The selection of the Chief is the first step in this process as the selected Chief participates in the remaining portion of the process. Consistent with the Ord. the Mayor and I designed a selection/interview process for the Chiefs position including the establishment of the interview panel. We agreed the Chair of the FLLP Committee should staff the interview panel with the Mayor and me. The panel developed a series of questions for the process, On Thursday, Chief Mahnquist was interviewed for the position and was determined by the panel unanimously, exceptionally well suited for the position of Fire Chief. The interview panel recommends Chief Malmquist to be confirmed by the City Council Consistent with the process adopted in Ord. 97-141. Action items: Motion to Confirm Chief Gregory Malmquist as the Lake Elmo Fire Chief, Attachments: Ord 97-141, Job Announcement, Chief Job Description and Interview questions. Person responsible: Martin Rafferty, City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF IVIINNESOTA ORDINANCE NO. 97-141 AN ORDINANCE RELATING TO THE FIRE DEPARTMENT The Lake Elmo City Council hereby ordains that Section 216 and its subdivisions are hereby added to the Lake Elmo City Code to read as follows: "Section 216 Fire Department Section 216.01 - Composition. The Lake Elmo Fire Department (the "Fire Department") is a volunteer department of the City of Lake Elmo (the "City") and shall consist of a fire chief; two (2) district fire chiefs; four (4) fire captains, and up to twenty-eight (28) additional firefighters. A total of thirty five (35) positions are authorized. The Fire Department is also authorized two (2) volunteer support services positions (non firefighter) with need defined and requested by the chief and approved by the City Administrator. Payment structure will be defined by the City Administrator. Section 216.02 — Position Classification. Firefighter positions have two (2) classifications for compensation purposes. The City EmployeeNoluntary Firefighter and Voluntary Firefighter. Non firefighter positions will be defined as Volunteer Support Services. Section 216.03 — Compensation. City employee voluntary firefighter positions shall be compensated at an annual stipend rate of $2,500.00 per year. This compensation will be provided to a volunteer firefighter, in good standing, who is a City employee that volunteers for the Fire Department. City volunteer firefighter positions shall be compensated at a rate of 510.25 per hour for calls for service. The compensation for voluntary firefighter service will change as proposed by the City Administrator and approved by the City Council. In additional, an annual and equal contribution to the City's fireman's retirement/relief association will be provided for each firefighter position regardless of the position or employment classification. The rate of contribution will vary as required by Minnesota Statute. Section 216.04 —Appointment of Fire Chief. The replacement of the fire chief shall be selected by the Mayor and City Administrator from a pool of existing City firefighters, who have formally expressed interest in position through an application process and after achieving the established selection criterion. The fire chief will report to the City Administrator for overall management and regulation subject to the review by the City Council. The City Administrator and Mayor shall define the selection process. The selected candidates name shall be forwarded to the City Council for appointment confirmation. The chief shall remain in that appointed position unless removed by the City Administrator and Mayor after formal concurrence by the City Council. The City Administrator and Mayor shall provide an annual evaluation of the fire chief. A volunteer fire chief stipend will also be paid in addition to volunteer firefighter payment for responding to calls for service. Section 216,05 — Appointment of District Fire Chiefs. The District Fire Chiefs shall be selected in a designed process by the City Administrator and the Fire Chief and confirmed by the City Council. The District Fire Chiefs will continue to serve in the appointed position unless removed by the City Administrator and Fire Chief and confirmed by the City Council. The District Fire Chiefs will report to the Fire Chief for overall management and regulation, A volunteer District Fire Chiefs stipend will also be paid in addition to volunteer firefighter payment for responding to calls for service, Section 216.06 —Appointment of Fire Safety Officer. The Fire Safety Officer shall be selected by the Fire Chief and, recommended to the City Administrator for confirmation by the City Council. The Fire Safety Officer will continue to serve in the appointed position unless removed by the City Fire Chief and City Administrator for confirmation by the City Council. The Fire Safety Officer will report to the Fire Chief for overall management and regulation. A volunteer Fire Safety Officer stipend will also be paid in addition to volunteer firefighter payment for responding to calls for service. Section 216.07 — Appointment of Fire Captains, The Fire Captains shall be selected in a designed process by the City Fire Chief, District Fire Chiefs and recommended to the City Administrator for confirmation by the City Council. The position of Captain will continue to serve in the appointed volunteer position unless removed by the Fire Chief and recommended to the City Administrator for confirmation in by the City Council. The Captains will report to the Fire Chief and District Fire Chiefs for overall management and regulation. A volunteer fire Captain's stipend will also be paid in addition to the volunteer firefighter payment for responding to calls for service. Section 216.08 — Fire Department Policy Manual. The Fire Chief and District Fire Chiefs shall develop, review and implement Department Policies to communicate existing rules, operational procedures and practices and to establish performance standards. Policy developed shall be reviewed by the District Fire Chiefs, Fire Captains and the Fire Safety Officer prior to review and concurrence by the City Administrator. Department Policies shall define as required behavior. Standard Operating Guidelines (SOGs) shall also be developed in a separate 2 section of the Departmental Policy Manual. SOGs should be considered as guidance's and not required behavior. All Fire Department SOGs will have a final review and concurrence by the City Administrator. Any portion of an SOG developed or implemented determined in conflict with City operational practice or law will be considered repealed. Section 216.09 — Equipment. The fire chief shall prepare and, from time to time update, an inventory of the Fire Department equipment and shall recommend additions to or replacement of equipment for inclusion in the City's Capital Improvement Program. Section 216.10 — Unauthorized Use of Equipment. Unauthorized use of Fire Department equipment or facilities shall be a misdemeanor, Section 216.11 — Right of Way. All personal cars of Fire Department members shall have right-of-way over all other traffic when responding to a call. Firefighters cars may be designated as such if necessary. Firefighters shall obey all traffic laws en -route to a fire alarm, Section 216.12 — Obstructions. No person shall park any vehicle of any description or place any material or any obstruction within twenty (20) feet of the entrance to a fire station or within fifteen (15) feet of any fire hydrant or fire system. No person shall park any vehicles within three hundred (300) feet of a fire. No person shall oppose or obstruct a member of the Fire Department or a firefighter in the performance of any legal duty. No person shall obstruct or hinder the entry of a firefighter upon premises or into buildings or other places where a fire or fire hazard exists or is reasonably suspected to exist. Section 216.13 — False Alarm. No person shall maliciously or intentionally sound a false alarm. Section 216.14 Pursuit. No unauthorized person shall ride upon, race with, trail or follow within six hundred (600) feet of any apparatus belonging to the Fire Department when actively responding to a fire alarm. The Lake Elmo City Council hereby repeals Sections 215.10 through and including 215.12 of the Lake Elmo City Code. ADOPTION DATE: Passed by the Lake Elmo City Council on the I day of e-C, 2004, EFFECTIVE DATE: This Ordinance shall be effective the day following its publication. Dated: ATTEST: , 2004 artin a istrator PUBLICATION DATE: Lee Hunt, Mayor Published on the ' day of F:WeersUanice WerrylLE1FIre Department Ordinance.doc 4 LAKE ELMO FIRE DEPARTMENT Station One 3800 Laverne Avenue N. Lake Elmo, MN 55042 770-5006 July 8, 2005 To All Lake Elmo Fire Department Members, Station Two 4259 Jamaca Avenue N. Lake Elmo, MN 55042 779-8882 Job openings for the following positions with the Lake Elmo Fire Department will be posted for two weeks. Fire Chief, District Chief (2), Captain (4) and Interim Safety Officer. Anyone of these positions has the potential to become, up to and including, full time. These positions will no longer have term limits, but will be reviewed annually with a review process. Job descriptions for the positions are posted at both Stations #1 & #2. If you are interested in applying for any of the positions you will need to submit your resume to the City of Lake Elmo @ city hall during business hours. Applications will not be accepted after July 23, 2005. Anyone wishing to obtain a copy of a job description should contact Chief Malmquist ASAP. I can be reached at 651-775-1137. City Administrator Chief Greg Malmquist LAKE ELMO FIRE DEPARTMENT JOB DESCRIPTION FIRE CHIEF POSITION SUMMARY The Chief of the Lake Elmo Fire Department shall be responsible for all operations of the Department, which shall include, but is not limited to administrative duties, training, coordination of vehicle, equipment and facility maintenance, fire prevention, planning and organizing firefighting activities, conduct inspections of new and existing buildings to ensure compliance with fire codes as well as local fire ordinances to minimize loss of life and property and to act as fire department liaison with the city and general public. The Chief shall be expected to serve as a leader of the Department, uphold, follow and enforce City Policies, Department Policies, Department Standard Operating Guidelines and oversee all management functions of the Department. Above and beyond all else, the employee shall be required to respond to alarms. In addition the Chief will: • Manage personnel resources more efficiently. Plan for future staffing needs by actively recruiting and working with business community regarding potential support. Continue to build and strengthen relationships with neighboring agencies and work on long range regional approach to providing services. Will manage equipment and rolling stock. Will have the ability to better monitor repairs and maintenance, seek out the most qualified vendors and plan for future acquisitions. Provide code enforcement, plan review and annual business inspections. This will allow us to build a "pre -plan" database, identify potential hazards and build a relationship with the business community. Update emergency response and preparedness plans to meet current and future needs of the community. This position is responsible for various duties within the Fire Department. These duties shall include, but are not limited to SUPERVISION Must be able to work independently, exercise initiative and independent judgment. This position answers to and operates under the direction of the City Administrator. Oversee all personnel matters within the department. Shall assume the role of Incident Commander on all scenes when appropriate. ESSENTIAL FUNCTIONS 1. Administrative activities. • Shall ensure that the department meets all requirements set forth by the Federal, State, County, City of Lake Elmo, NFPA and OSHA. This shall include the filing of documents, filing of reports and complying with standards. Plan, organize and direct the overall operation of the Fire Department. Prepare the Fire Department annual budget through the collection of data and review of previous expenditures. Research, write, submit and ensure compliance with grants. Responsible for the development of policy or procedural changes. Ensure the security of administrative files to ensure compliance with data privacy requirements. Evaluate the effectiveness of services and programs. Assesses concerns of citizens / community. Update and maintain the records of the fire department. Shall attend or ensure that the department is represented at any required city or department meetings and any other association meetings which require department representation. 2. Training Responsible for the management and administration of the training and certification programs. • Responsible for department training programs, establish and maintain minimum training standards. 2 Responsible for the weekly training activities of the department. Maintain training records. Responsible for coordinating both outside instructors and members attending outside training. 3. Vehicles, Equipment and Facilities Responsible for purchasing of vehicles and equipment,(contacting vendors delivery and pickup, writing specifications etc.) Ensure that vehicles and equipment are maintained. Setup scheduled maintenance, service calls, inspection and certifications as needed. Deliver and pickup vehicles and equipment for service. Maintain all required service records. Ensure fire stations are kept in good repair and order repairs as needed. 4. Fire Prevention Mr Responsible for the continued evaluation and development fire prevention program. Responsible for the scheduling and promotion of fire prevention educational programs and events. Present fire prevention programs by addressing groups in the community. 5. Inspections/ Investigations • Plan, prioritize, and schedule fire inspection activities. • Review past inspection reports. • Contact owners for approval to conduct inspections. • Conduct annual on -site inspections of structures and property. • Review plans and proposals for all new construction. • Conduct or ensure that proper fire investigations are conducted. • Maintain all records. 6. Department Liaison • Represent the Department on committees, at meetings and conferences as needed. Inform the Department of significant matters. • Develop and maintain effective working relationships with City Staff, other agencies and the general public. • The Chief shall at all times present a positive and constructive attitude and shall continually strive to improve morale and working relationships among personnel. REQUIRED KNOWLEDGE, SKILLS AND ABILITIES • Knowledge of fire fighting equipment practices, principles, methods and techniques used in modern fire suppression. • Knowledge of operations, services and activities of the Fire Department. • Knowledge of and the ability to apply pertinent federal and state law and city ordinances. • Knowledge of data privacy laws as they pertain to personnel records, reports and materials. • Ability to communicate effectively both orally and in writing. • Ability to learn and use computer programs, as well as other office equipment. • Skilled in listening and problem solving. • Must complete a minimum of 12 hours of continuing education outside the department annually. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit; talk or hear; stand; walk; use hands to finger, handle, or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to climb or balance; stoop, kneel, crouch, or crawl; and taste or smell. The employee must frequently lift and/or move up to 10 pounds and occasionally lift and/or move up to 100 pounds. Specific vision abilities required by this job 4 include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Work is performed primarily in office, vehicles, and outdoor settings, in all weather conditions, including temperature extremes, during day and night shifts. Work is often performed in emergency and stressful situations. Individual is exposed to hearing alarms and hazards associated with fighting fires and rendering emergency medical assistance, including smoke, noxious odors, fumes, chemicals, liquid chemicals, solvents and oils. The employee occasionally works near moving mechanical parts and in high, precarious places and is occasionally exposed to wet and/ or humid conditions, fumes or airborne particles, toxic or caustic chemicals, risk of electrical shock, and vibration. The noise level in the work environment is usually quiet in office settings, and loud at an emergency scene. QUALIFICATIONS • High school education or equivalent. • Minimum of 6 years firefighting experience. • Firefighter II certification. • Certified First Responder. • Valid Minnesota Drivers License. • Experience with Fire Inspection/Investigation. • Has met the requirements of District Chief. 5 (During the initial implementation of this job description, it may be necessary to waive a portion of the requirements. This determination will be based on the applications received and will be made by the City Administrator. However, any requirements that are waived MUST be completed within a reasonable amount of time, as determined by the City Administrator.) 6 Interview Questions for Fire Chief Vision for the Fire Department Please provide an historic overview of the LEFD from your start date to present? Since becoming Chief what do you believe have been significant factors impeding and facilitating your leadership? Please provide a vision for the LEFD for 5, 10 and 20 years? What would you like to achieve that you could point to as accomplishments? Strategy to pursue a more regional approach to fire operations...positives/negatives...results/timeline expectation? Management Strengths and weaknesses Provide an overview of your management style and reflect your thoughts on how employee empowerment interfaces with a command/control organization like the LEFD? Define a command/control organization and its design importance? What role does communication play; how is that best achieved in a volunteer fire organization? As Chief what steps have you taken to develop fire volunteers for today and the future? Exnertise • In your current role how do constituents view you as an expert? • How would you rate your communication skills in the following areas: Written communication. One on one communication Large group presentation Give an example of a controversial issue that you have had to manage. What did you learn from this experience? Motivation Why did you and why do you want to be Chief? Diversity What is the importance of diversity within the LEFD? How will that be achieved moving forward in the future? ENGINEERS • ARCHITECTS • PLANNERS September 2. 2005 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: Approve Plans and Specifications Elevated Storage Tank No, 2 City of Lake Elmo, Minnesota TKDA Project No. 13253.000 Dear Mayor and City Council: 1500 Piper Affray Paza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax `,11 kda.com Plans are complete for Elevated Storage Tank No. 2 to be located next to the new Public Works Building. We are taking alternate bids for: A 500,000 gallon and a 750,000 gallon tank. Two different bowl shapes. Either a concrete or a fluted metal column, With and without a mezzanine for storage of cell phone equipment. The schedule should allow this tank to be in operation by next fall, depending on the style of tank chosen. A drawing is attached. Other the name "Lake Elmo", we have not included a logo at this time. One can be added in the future if you wish. We will review the color of the tank with you after the bids are received, and a size and style is recommended. City Council Action Requested Pass a Resolution approving Plans and Specifications and authorizing the advertisement for bids for Elevated Storage Tank no. 2 Sincerely, Thomas D. Prew, P.E. City Engineer An Employee Owned Company Promoting Affirmative Action anq Equal OpoprItinny CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-094 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR ELEVATED STORAGE TANK NO. 2 WHEREAS, the City Engineer has prepared plans and specifications for the Elevated Storage Tank No. 2 and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. Th City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at the October 4, 2005 Council meeting, in the Council chambers of the City Hall, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the clerk for 5% of the amount of such bid. ADOPTED BY THE COUNCIL this 6th day of September, 2005, Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator CITY OF LAKE ELMO ELEVATED WATER STORAGE TANK NO. 2 COMM. NO. 13253.000 DRAWING INDEX SHEET DESCRIPTION ITEM SHEET SITE PLAN 3s "A" TANK, PLANS, SECTION AND DETAILS 4 3trV.W. TAIVIC, PLANS, SECI1014 AND DEFA1LS ENGINEERS•ARCHTECTS- PLANNERS . - ' VarltliVOS ASMOVIUM1r203ifJP1 'ANOIONO %WOW IVIN:030110 MOO SNO 0 ..t. • 1 t ; .•"... . „ = 0 IJJ co A VakV1-1.1.a wrzt. -worm./ UM Mid EL ImaLE,, A._ EL :12 20- VALVE VAULT —TOP PLAN SEEM EA MEE 0 SECTION 4 SEELR ;Err PLAN —ACCESS TUBE a 2 6 sr -Ns N 6127 UV I 81! OFSMAPIION OF REVISIONS EL 1010,6. DESIGNED rAREAN 103E0CW FOUNDATION PLAN TYPE "A" TANK 0 2 / = sr-ss N ns2 t-02/23NATION CANIS 0-250 FL, 0-120 PS/ lir PEE 1/2.61,14. REO,88 Ifr BRONZE GEESE VA0IE1CI88 BRESS MEC TOM Rao ASP PIPE DETAIL MCI 4700, I I MEREST CEROFY 118118 1,95 PLAN. S.L8810E880tL OR REPORT WAS PREPARED BY NE 00 UNSER 840 00= SUPERASION AND HET AU A DULY LICENSES 80ar8aS408440.EsOlarrIt UNDER ANL LENS OF AHL STEVE Of MINNESOTA. DATD.tera2992.-- MEMO 148840 0HRISIENH8108 ARYAN I is 4701 TKDA ENDINEERS•ARCHTECTS - FLAMERS oramtow Et. 1125..0. ELEVATED WATER STORAGE TANK NO. 2 LAKE ELMO, MINNESOTA ELMO 11 E3 Ei E3 0-4 E] 4-1 11-4 El El "T"-- 01 cn g10301020E- ii i I TYPE "A" TANK SCodt TYPE "A" TANK FLUTED STYLE COMM. Nil A3253.010 OREWNO NO. 3 6 N EL 1010I-Er.-7 p EL 101 0, NEP IEL uNtr-r gza. OOTTO \ La. loier-e VALVE VAULT —TOP PLAN a 0 .4 SCALE IN TEST PLAN —ACCESS TUBE 0 7 4 FOUNDATION PLAN TYPE "B" TANK 0 1 4 a TEXE MD 1/-,I/I. RED. I/7 &RENEE DEUCE coc—_ me mu.. cannou—,,, PASS PLUG TAPPED INTO 1GT RISER PPE—% DETAIL NO SCALE DESI HERM( CERTIFY TNAT ails PLAN. 5PEcINCA0ON. OR REPORT WAS PREFARED BY ME OR UNDER MY DIRECT SuPERvisota AND A MAT I AM A DOLT LICENSED IIRCFESSIONAL ENGINEER UNDER THE LA. OF The $TA1E CF MINNESOTA. SIGNATURE. DATT-__GATIP005 PRINTED NALIF,STIRISTEXPHER W. BRYAN 044, ND, 42424 TKDA ENGINEERS •ARCHRECTS • PLANNERS DEETIFLOPt 41. ii35,0. TOP OF FOUNDATION EL 10102 ELEVATED WATER STORAGE TANK NO. 2 LAKE ELMO, MINNESOTA ELMO TYPE "B" TANK NT ACK. ITYPE "B" TANK COMPOSITE STYLE CONK NM 1=253.000 DRAWING NM 4 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO, 2005- A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF HILLTOP AVENUE NORTH WHEREAS, the City Engineer was directed to prepare proposed assessment of the cost of improving 'Hilltop Avenue North, Lake Elmo, Minnesota, AND WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: I. A hearing, shall be held on October 4, 2005 in the city hall at 7 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Lake Elmo, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time, thereafter pay to the City of Lake Elmo the entire amount of the assessment remaining unpaid, with interest accrued to December 3 I of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. ADOPTED by the Lake Elmo City Council this 6th day of September, 2005. Dean Johnston, Mayor ATTEST: Martin J. Rafferty City Administrator Resol Hearing proposed assint Hilltop Lake Elmo City Council i September 6, 2005 Agenda Section: Planning, Land Use and Zoning No. 9A Agenda Item: Comprehensive Plan Amendmern/Rezoriing and RE Preliminary Plat — Park Meadows Background Information for September 6, 2005: - At its meeting August 22, 2005 the Planning Commission unanimously adopted a recommendation for approval of multiple applications to develop a 28 acre site adjacent to Sunfish Park for 8 single family ' building lots. An existing structure of the site would be removed. The concurrent applications are to allow a Residential Estates development on land currently land use guided as RAD and zoned RR. The Conunission had conducted the required Public Hearing and tabled the applications at its July 25, 2005 meeting — concurred in by the applicant. The primary reason for tabling was to allow the applicant an opportunity to address concerns of planning and the City Engineer regarding the lack of Public street access to the site. Following the July deferral the applicant submitted a reconfigured plat drawing and legal documents purported to provide the City e\sufficient street easement to connect with the proposed Public street within the plat. Based on these new drawing the Commission acted to recommend approval on August 22 even though the City Attorney still had some continued concern with the details of street easement issue. City Engineer review of the surface drainage plan has continued since the Planning Commission meeting. As this memo is written the Engineer has not confirmed concurrence with the details of the drainage plan. Since neither of the technical details noted likely will influence the basics plat design, we have brought the applications forward for Council consideration with the recommendation to approve — specifically conditioned on resolution of the street easement and drainage issues by the applicant to the satisfaction of the City Attorney and City Engineer. Action items: cic7 1. Motion to Adopt Resolution #2005 - approving a Comprehensive Plan Amendment to reclassify the site from RAD to RED, subject to Metropolitan Council concurrence. Motion to adopt Ordinance #97 - , approving rezoning of the site from RR to RE. Motion to Adopt Resolution #2005 - Aproving the Preliminary Plat Attachments: 1. 2. 3, J. 6. Resolution Approving Cornp Plan Amendment Ordinance to Rezone Resolution Approving Preliminary Plat Planning Commission Minutes Staff Reports Applicant's Documentation Person responsible:. City P Time Alloca ed: Comprehensive Plan Amendment — PARK MEADOWS City of Lake Elmo Washington County, Minnesota Resolution No. 2005-0T-\ A RESOLUTION GRANTING A COMPREHENSIVE PLAN AMENDMENT AND REZONING GUIDING LAND USE FROM RAD TO RED AND REZONING FROM RR TO RE TO J.P. BUSH HOMES AND BARBARA BERQUIST WHEREAS, J.P. Bush Homes and Barbara Berquist have made application to the City of Lake Elmo for a Comprehensive Plan Amendment, amending the land use guiding from RAD to RED and subsequently rezoning from RR to RE for the following parcel of land; to wit: Parcel Legal Description The Southwest Quarter of the Northwest Quarter of Section 14, Township 29 North, Range 21 West, except the Westerly 33 feet thereof, and except the North 660.00 feet of the East 660.00 feet of the Southwest Quarter of the Northwest Quarter, and also excepting a tract of land for roadway 66 feet in width (North to South), the South line of which is described as follows: Commencing at the intersection of the centerline of Old Minnesota State Trunk Highway 212 (now known -as Meadowlark Lane) and the East line of the Northwest Quarter of the Southwest Quarter of said Section 14, thence North along said East line a distance of 766.9 feet to a point on the East and West Quarter line of said Section, said point being the East termination point of the said South line of said roadway, running thence West on said East and West Quarter Section line 461.2 feet to the West termination point of said South line of said roadway. WHEREAS, the Lake Elmo Plarming Conunission considered this Comprehensive Plan Amendment request at its July 25, 2005 and August 22, 2005 meetings, and recommended that the Comprehensive Plan Amendment and Rezoning be granted. WHEREAS, the Comprehensive Plan Amendment request was presented to the City Council at its September 6, 2005 City Council Meeting where the following Finding was made: The Comprehensive Plan Amendment proposed does reflect a change in conditions related to the City zoning ordinance structure that impacts this site. The reguiding of this site from RAD to RED is adequately supported and warranted. NOW, THEREFORE, BE IT RESOLVED that a Comprehensive Plan Amendment is hereby granted by the City Council to J.P. Bush Homes and Barbara Berquist. BE IT FURTHER RESOLVED, that this Comprehensive Plan Amendment is granted subject to the following condition: 1. Subject to review by the Metropolitan Council, ADOPTED by the Lake Elmo City Council this 6th day of September, 2005. Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator CITY OF LAKE ELMO WASHINGTON, MINNESOTA ORDINANCE NO. 97-162 AN ORDINANCE AMENDING SECTION 300.07 "ZONING DISTRICT MAP" OF THE LAKE ELMO MUNICIPAL CODE Section 1. Amendment: Section 300,07 Subd. 3 (A) of the "Zoning District Map" of the Lake Elmo Municipal code is amended to rezone the following described property: Parcel Legal Description The Southwest Quarter of the Northwest Quarter of Section 14, Township 29 North, Range 21 West, except the Westerly 33 feet thereof, and except the North 660.00 feet of the East 660.00 feet of the Southwest Quarter of the Northwest Quarter, and also excepting a tract of land for roadway 66 feet in width (North to South), the South line of which is described as follows: Commencing at the intersection of the centerline of Old Minnesota State Trunk Highway 212 (now known -as Meadowlark Lane) and the East line of the Northwest Quarter of the Southwest Quarter of said Section 14, thence North along said East line a distance of 766.9 feet to a point on the East and West Quarter line of said Section, said point being the East termination point of the said South line of said roadway, rurining thence West on said East and West Quarter Section line 461.2 feet to the West termination point of said South line of said roadway. from Rural Residential (RR) to Residential Estates (RE). Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. ADOPTED, by the Lake Elmo City Council on the 6th day of September, 2005, Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator Published in the Lake Elmo Leader on the day of , 2005. Location Map 5,11w jimw IW 'I'32N '1712N 9'3 11114 TN rou Ait1111=A1 119N 7.19N rlIl TUN T1114 1121W 110.1W2iIW Vicinity Map 0 2400 Scale In Feet Trye &ming the reboil of compllellorl end ropialoc.11oo ol lendrecords as they Appetit In Various Weehloolon Candy officea. 11. &owing eloll he kieed for telereueo purpmec pnly, Woehlnalon Cowl), Isl.' mepooelble tot env ill9Calra01g9. Source: Wooldniflon County SurveyoisIco. Phot. (651)430,C•8715 Potooldele bated oo AS.100 Into/motion CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-098 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF PARK MEADOWS WHEREAS, Joe Bush of J. P. Bush Homes and Barbara Berquist have made application for a Preliminary Plat to create eight residential building lots on one parcel with an area of 28.09 acres. The property is generally located north of Stillwater Lane and southerly of Sunfish Lake Park, and includes the property addressed as 3600 Kelvin Avenue North. The parcel is legally described as follows: Parcel Legal Description The Southwest Quarter of the Northwest Quarter of Section 14, Township 29 North, Range 21 West, except the Westerly 33 feet thereof, and except the North 660.00 feet of the East 660,00 feet of the Southwest Quarter of the Northwest Quarter, and also excepting a tract of land for roadway 66 feet in width (North to South), the South line of which is described as follows: Commencing at the intersection of the centerline of Old Minnesota State Trunk Highway 212 (now known -as Meadowlark Lane) and the East line of the Northwest Quarter of the Southwest Quarter of said Section 14, thence North along said East line a distance of 766.9 feet to a point on the East and West Quarter line of said Section, said point being the East termination point of the said South line of said roadway, running thence West on said East and West Quarter Section line 461.2 feet to the West termination point of said South line of said roadway. WHEREAS, at its July 25, 2005 meeting, the Planning Commission conducted a Public Hearing and on August 22, 2005, the Planning Commission unanimously recommended approval of this application to plat 28.09 acres as a residential development of eight building lots. WHEREAS, the Preliminary Plat of PARK MEADOWS was presented to the City Council at its September 6, 2005 City Council Meeting where the following Finding was made: The proposed Preliminary Plat generally complies with Section 300 standards for a Residential Estates Development and the subdivision design standards of Section 400 of the Lake Elmo Municipal Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lake Elmo does hereby approve and accept the Preliminary Plat of PARK MEADOWS, per plans that staff dated July 6, 2005 and August 10, 2005, as the same on file with the City Administrator, subject to the following Conditions: 1. Compliance with the recommendations of the City Engineer. 2, Compliance with the recommendations of the City Attorney. 3. Compliance with the recommendations of the Valley Branch Watershed District as found to be practical and reasonable by the City Engineer. 4. Park Dedication shall be fees -in -lieu based on the pre -development appraised value of the sit. ADOPTED, by the Lake Elmo City Council on the 6th day of September, 2005. Dean. Johnston, Mayor ATTEST: Martin Rafferty, City Administxator MEMO (August 18, 2005 for the Meeting of August 22, 2005). To: Lake Elmo Plarining Commission From: Chuc Subject: Pre ary Plat — "Park Meadows" The Commission tabled this proposed plat for 8 single family building lots on a site of 28,09 gross acres at the July 25, 2005 meeting. The applicants agreed to the deferral to permit further investigation and a solution to the public street access issue raised by staff. The applicants have succeeded in obtaining easement rights from adjoining property owners and have redesigned the plat is a manner that now provides a direct connection to an existing public street at the southeast corner of the site. The City Engineer has reviewed those easement documents and concurs that the direct public street connection will be accomplished with the redesigned plat. The Engineer notes, however, that geometry of the point of connection should be altered to provide a 90 degree intersection. The City Engineer, by his July 20, 2005 Memo notes several other plat design features of a technical nature that require further information or design modifications. Of those listed we note that the applicant has reduced the street paved surface from 32 feet to 26 feet (even though the Legend notes on the plat drawing still refers to 32 feet), but no further information has come forth regarding the balance of the technical issue raised by the Engineer — as of the writing of this Memo. While the Commission need not address those technical matters since none will necessarily impact the general plat design, they should be addressed completely prior to the Preliminary Plat submission to the City Council. Planning Staff has again reviewed the plat proposal for compliance with RE design standards — based on the revised design proposed. While the proposed configuration again complies with the most RE quantitative standards, we do note that the applicant has (both with the initial plat proposal, and with this revised proposal) calculated "average lot area" based on gross site area rather than net lot area. The RE standards clearly imply that the method of calculation of average lot area must be net of street right-of-way — and which is the method that has been utilized on the few RE plats we have process over the past 6+ years. Staff overlooked the applicant's incorrect calculation methodology during review of the earlier proposal. The sum of the lot areas of the current plat design is 26.36 acres (the sum of the 8 lot areas noted on the plat) — actually somewhat more than the previous design due to less street right-of-way. That yields a lot area average of 3.295 acres or about 1% less than the RE standard — roughly 1350 square feet spread over all 8 proposed lots • There may be a strategy available to overcome this insignificant shortage without eliminating a lot in the process, and staff encourages the applicants to pursue such a strategy rather than deal with a variance. Staff recommends the Conunission now proceed with a reconunendation for approval of the Preliminary Plat of "Park Meadows" per the plans staff -dated August 18, 2005 subject to the following conditions: 1. Compliance with the recommendations of the City Engineer. 2. Compliance with the recommendations of the City Attorney. 3. Compliance with the recommendations of the Valley Branch Watershed District as found to be practical and reasonable by the City Engineer. 4, Reconfiguration of the plat to result in a lot area average of 3.33 acres, net of street right-of-way. Attachments: 1. Draft Planning Commission Minutes ofJuly 25, 2005 2, Planning Staff Report of July 21, 2005 3. City Engineer's Memo(s) 4, Valley Branch Memo 5. August 18, 2005 Plat Graphics LAKE ELMO PLANNING COMMISSION STAFF REPORT Date: July 21, 2005 for the Meeting of July 25, 2005 Applicant: J. P. Bush Homes/Barbara Berquist Location: 3600 Kelvin Avenue Requested Action: Comprehensive Plan Amendment/Rezoning/Preliminary Plat Land Use Plan Guiding: RAD Existing Zoning: RR Site History and Existing Conditions: The files of the City regarding the area west of Sunfish Lake — over to the east Sunfish Park property line - are both numerous and convoluted. There appears to be several separate City actions over the years involving creation unplatted tax parcels for the Beaubein family. Most of those actions involve property between Kelvin Street (extended) and Sunfish Lake. There are actions specific to the subject, however. A 1992 Building Permit was issued to construct the combination home/stable structure that exists on the site today. Access to this home is specifically from a private easement extension of Kelvin Avenue. A 1993 action created the 10 acre "Exception" parcel at the northeast corner of the subject site. The Public Street portion of Kelvin terminates at the Southeast corner of this site, The site has Public Street access only via this easement. The roadway along the west site periphery is a City park access drive, and not available for Pubic street purposes. In 1999 the City approved a Preliminary Plat that included this site (and the site to the northeast). A Final Plat was presented to the City Council, but withdrawn by the applicant prior to City Council action. The plat was responsive to RR (10 acre minimum) standards, and intended only to adjust property lines — no new lots would have resulted. That Final P1at proposed to dedicate the west 33 feet (only) of the Kelvin private easement to a point that would have resulted in a cul-de- sac on the subject site. It is unclear from the file (and we do not recall) why the applicant abandoned the Final Plat. It may have been over the issue of constructing the Kelvin private easement as a City street. The site is gently rolling pasture land with a partial tree line east of the existing structure, and along the south site periphery. A pond (and associated wetland) is located in the south center of the parcel. Site elevation varies from a high point in the north center of the site to the low point along the private driveway extension of Kelvin Avenue, Discussion and Analysis: The applicants propose division of the 28 acre site into 8 single family detached lots. The existing structure/home is located on one of the proposed lots, but appears to be planned for removal — 7 new lots in any case. The plat is proposed to be responsive to RED guiding and RE (Residential Estates) zoning . Both a Comprehensive Plan amendment from RAD guiding to RED guiding; and, a zoning map amendment from RR zoning to RE zoning would be necessary prior to approval of the Preliminary Plat even though these applications are being processed concurrently. As we have noted with a recent plat proposal of similar scale, staff was advised by the City Council several year's ago that the City would favorably consider creation of Residential Estates neighborhoods — particularly where an existing parcel of land falls between 20 and 40 acres (and therefore not eligible for OP treatment), and is not adjacent to other parcels that can be reasonable combined to create a 40 acre OP -eligible site. The RE zoning district provides very specific design standards for plats with respect to average/minimum lot area and lot configuration (as well as the usual setback and other dimensional standards). Staff review of the Preliminary Plat graphics reveals that the applicants proposal appears to comply with those specific design standards, except as may be noted by the City Engineer's review letter of July 20, 2005. Among a number of technical issues of an engineering nature (all important inatters), a major observation by the City Engineer, confirmed by Planning staff (and mentioned above) is the status of access to this site. While the site is addressed as "Kelvin Avenue", Kelvin Avenue as a City street ceases to exist a few feet south of the southeast corner of the subject site. From that public street termination point, across the entire east border of the site access to the site and the homes across the street is by private easement. We understand that, at the time the lots were created east of the site, there was some type of agreement whereby the private gravel road could be periodically maintained or improved (gravel added) by the City on a contract basis with the home owners, The City would do the work and invoice the property owners. We understand that this process has taken place periodically over the years, Since this was purely a contractual situation, we do not believe that this easement portion of Kelvin has become a public street by City continuously maintaining it as such — as is the case with many unplatted, but otherwise public streets in the City. There appears to have been a very clear intent by the City that this not be a public street until dedicated and constructed to City street standards. Findings and Recommendations: The applicants do not, by documentation presented with this Preliminary Plat, propose to either dedicate the Kelvin private easement as a public street nor construct the roadway to City standards. Section 400.14 Subd.8 of the City Code requires proposed streets within a subdivision to ",..connect with streets already dedicated in adjoining or adjacent subdivisions...". A single Finding is made regarding the Preliminary Plat application that the proposed plat design does not respond to this critical design standard of the City Code, Planning Commission Actions Requested: The City Engineer has recommended that the Preliminary Plat application be tabled pending resolution of the several technical design issues he has raised by his July 20 Memo — the most critical of those the lack of public street connection - constructed to City street standards to the proposed public street within the plat. That finding alone is sufficient grounds to recommend denial of the preliminary plat. Planning staff expresses concern with the time that may be required to resolve the street access issue. It appears it would be necessary to either obtain half the right-of- way from several property owners east of the subject site, or for the applicants to reconfigure the plat to insert a full 50 foot street right-of-way about 17 feet off center (of the present private road easement). Should the Commission decide to table the plat (and related Comprehensive Plan Amendment/Rezoning) the Record must clearly indicate that the applicants agree to that action, and that no specific date for reconsideration is established. Should an amended application (reflecting public street access to the site acceptable to the City Engineer and Commission) not be forthcoming by September 1, staff would bring the applications back to the Commission with a recommendation for denial. That applicant concurrence should be in writing, and executed by both the applicant (developer) and the property owner (Berquist). Should the Conunission not concur with this structured tabling, staff suggests the only other action advisabl 's‘a. dena recornn9utati1on, Charle Attachments: •ud, City Planner I. City Engineer's memo of July 20, 2005 2. Valley Branch Review Letter of July 20, 2005 3. Location Map 4. Applicant's Doctunentation and Graphics. TKDA ENGINEERS • ARCHITECTS • PLANNERS August 18, 2005 Planning Commission Members City of Lake Ehno, Minnesota Re: Concept Plan Review Park Meadows City of Lake Elmo, Minnesota TKDA Commission No. 13267.000 Dear Planning Commission Members: 1500 Piper deffray Plaza 444 Cedar Street Salo1 Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www,tkda.COrn We have reviewed the prelinfinary plat material dated August 8, 2005, and have the following comments: Streets The developer has cleared up the right-of-way issue for the connection between the new road and Kelvin Avenue. The City Attorney should verify that the property transfers are done correctly. Our typical street section requires 12-inches of gravel base. A typical island style cul-de-sac is required. The street width of 26-feet meets the City's requirements. The intersection between Kelvin Court and the private driveway should be reconfigured so that Kelvin Court intersects with the driveway at a right angle. The road within the newly acquired right-of-way between Kelvin Court and the end of the existing Kelvin Avenue shall be upgraded to City Standards. It may remain a rural section, Kelvin Avenue between TIC 5 and this project is slated to be overlaid in the near future. All properties on Kelvin Avenue would be assessed for that work. I would recommend that this development pay an impact fee for that future work. That fee could be equal to tour current assessment rate. An Employae Owned Company Promoting Affirmative Action and Equal Opportunity Preliminary Plat Review Park Meadows City of -Lake Elmo, Minnesota August 8, 2005 Page 2 Drainage Drainage computations were not submitted for this review. They are required. A VBWD Pertnit is required and the VBWD should verify the wetland boundaries. The outlet for the wetland area is over the street. This is not allowed. A piped overflow or a ditch is required. The pond on Lot 8 does not have an identified outlet. This should be shown. Waste Water System No comments are required. Water System A 12-inch watermain is planned as part of the water system to cross this property from east to west. The City will extend water from Tapestry to serve this plat. Stuface Water A VBWD permit is required Storm water computations need to be submitted to the City prior to final plat approval. Recommendation We recommend approval of this plat with the recommendations listed above. Sincerely, Thomas D. Prew, P.E. City Engineer TDP:art APPROVED: 08/22/05 service road attracting fast food restaurants to it. He said the City needs to a route between Keats and Lake Elmo Avenue somehow. He said there would be no harm done to have the easement but the specific design should be left open for now. M/S/P, Seclro/Helwig, To recommend approval of the Preliminary Plat and Development Stage Plan for DISCOVER CROSSING based on items 2,3,4 in the staff report plus road widths as recommended by the City Engineer plus the City Attorney's assurance that the city has no pedestrian liability, and add right of way for a Highway 36 service road in a location as determined by the City Engineer. Commissioner Ptacek directed attention to Figure 1 in the applicant's booklet. There are utility easements of 10 feet on top of 50 feet of right of way, Utilities could be placed on the back edge of the curb. The Planner said that small utility companies have to get permits from the city, it is not uncommon to have them place utilities within three feet of the road. We can specify where they go. Mr. Freeman said utilities can go into a joint trench too, Commissioner Ptacek said utility companies cut down trees. Mr. Freeman said the applicants want the utilities to work within three feet and do a joint trench. MOTION AMENDED Ptacek/Sedro, To encourage the city to maintain the actual location of utilities within three feet of the back of curbs with the intent to preserve more trees. Commissioner Fliflet said she would be voting against the Preliminary Plat because of issues related to the stamped trail. VOTE: 7:2, Nay- Fliflet/ Schneider. PUBLIC HEARING: RE Preliminary Plat — PARK MEADOWS The Planner said the issues raised by staff are technical engineering issues except for road access to the site. The City Engineer indicates the road ends just south of this parcel. Lots across the street were developed with an agreement for easements. There is no connection to a public street, and that is a major problem to this proposal. The City will not condemn lands for a city street. The developer can make agreements with those property owners. Those owners have 33 feet he could take the 17 feet additional off his land, and construct the street to city standards. The legal status is in question but the Plmmer said he thinks it is the developer's responsibility to construct the road. If the developer agrees to tabling and then it would have to be resolved by Sept. 1. The city attorney and city engineer have to work on this with the developer. The public street is not the Planning Commission's purview. Commissioner Schneider asked about the width of the roadway. The Planner said they could make it 22 feet wide. Joel Anez, Landmark Surveying Mr. Anez said he recently became aware of a major problem with access to this parcel. A road is depicted in the 1949 plat book. On the west side of the parcel, a permanent easement existed until the park was created. The owners quit -claimed that access to the city in 1974, and the parcel essentially became landlocked. In 1999, that land was to be platted for a previous owner, and it received preliminary plat approval by the City Council even though it was landlocked then, Mr. Anez said the developer would construct a narrow pedestrian trail between two lots for access to Sunfish Park. There is one wetland on the site. Mr, Anez displayed an alternative for the roadway by relocating it to the farthest southeast corner of the site. The Planner said the city would require park dedication fee in lieu of land. No appraisal has been ordered Lake Elmo Planning Conunission Meeting Minutes offuly 25, 2005 5 APPROVED: 08/22/05 yet. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 9:38 P.M. Nobody came forward to speak. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 9:39 P.M. Chairman Helwig asked if the applicant would like to table. Mr. Anez said the applicant would like approval with a few minor changes, and if not then they would ask to table. The Chairman said they can table it until they return with plans for the roadway and the city engineer and city attorney have addressed the issues. He said there would be no time limit and no additional fee. M/S/P, Sedro/Ptacek, To table the Preliminary Plat, Comprehensive Plan Amendment, and Rezoning at the applicant's request. VOTE: 9:0, City Council Update The Planner said the City Council conducted a public hearing for Stonegate Vacation of two cul de sac slivers and a cul de sac stub but referred it to the Planning Commission Meeting of August 9, 2005. He then reviewed recent actions by the City Council regarding Planning applications. The Planner said the schedule has been set for the balance of work on the Comprehensive Plan. The Public Hearing will be held at Oak -Land Jr. High on August 8, 2005, It may not be televised at the Junior High School. There will be a brief special meeting on Tuesday, August 9, for regular agenda items. There is a variance request for the lot across from Farms of Lake Elmo and the Stonegate street vacation. August 22, there will be a joint workshop with the Parks Commission for the Trail System Plan, The Planner said that System Plans with the exception of Traffic arrived today. The City Council has contracted with a master coordinator for the Old Village Plan. The tasks are to get the disparate property owners on the same page, structuring the TDR, handicapped housing, a community center, and several others. The meeting adjourned at 9:51 p.in. Respectfully submitted, Kimberly Schaff Recording Secretary Lake Elmo Planning Commission Meeting Minutes of July 25, 2005 6 4.42 93,4 93e6 r 041'd eo 0 1 In - T Foot \\\ ) ---- -62 :99 x 934.4 riVi ,:fir-----;--99i ( ,m,i, PlP.,0,, \ 'OP\ 691140 ,'i' '7V,1.7;i-m•tik-.0-_a,.p-k—'. ---'g,=4\ -:L--.•-''•--„'° -I_-- l• ' H • '.•.'1 0-.0--\ . je, 0 ggsig,, 4boch x71 _• '4E-- - 1 '1• RI go°'.,-'- '• — -rv„t- Total Area365 * a Aita,I,B1 Ae*`,, .t-,•-•, ,.....9 1,'4•. 8.-..,g...•.,,.%Nil x 4 I BerdealeArea 3. u a 'allred•=;,.50.e.,* _ \ ab,,,,,cof.,;‘,. - • ',Nekton Proparlian LTD Partners ll - ' I 4 a',•- ei ,. -- -,... — ;,' N. 9216022182 -4) BR 93 10100 Noe fvtq)n 5,02 *'„ 61nattable Area e2a1 Aat stovent.'8.1.1nda E. Kull , INA Y, PLAT OF K EAD•WS Part of the Southwest Quarter of the Northwest Quarter of Section 14, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota / (944.6 94LX( - ( la_ 1( /auto a Lb „,,onduart..„1 ,Arair=-2.50•Ac.* le Ares X 9 ,T71" ',Albert-R. &I; x 944.6 ! I 1Z9 33. a- 930.5 PRELI . I ' \W".\ , \k -6%\ 722-) >9I 429 1 - Albeit R, 11 artaittiArUnder 01 • I „ I x 939,5 223 .'" ' 44 9 4.6: Van-, ▪ 949 DEVELOPER J.P. BUSH HOMES c/o Joe Bush 3537 Lake Elmo Avenue North P.O. Box 893 Luke Elmo, MN 55042 (651) 777-6162 Office ENGINEER: Nyhus Engineering 561 Grove Street SW Hutchinson, MN 55350-2850 1-800-446-5038 LANDMARK SURVEY NG OWNER Barbara 13erquist 3600 Kelvin Avenue North Lake Elmo, MN 55042 (651) 777-6536 SURVEYOR: Landmark Surveying, Inc,. 22250 Ozark Avenue North Scandia, MN 55073 651-433-3421 SOIL TESTS WETLAND DELINEATION Eklin Soil Testing and inspections Anthony Brough 1986 Ridgewood Avenue 7020 Meadow Court White Bear Lake, MN 55110 Rockford, MN 55373 21150 Ozark Avenue North - aox60 Scar dia, Minnesota 55073 Jool T. Anes, 1.5 1411112121, solk I-31T LEGAL DESCRIPTION (Warranty Deed Document No, 3054115) Tho Southwest Qoartei of the Northwest Quarter of Section 14, Township 29 North, Range 21 West, except the Westerly 33 feet thereof, and except the North 660.00 feet of the East 660,00 feet of the Southwest Quaver of the Northwtnt Quarter, and also excepting a "met of land for roadway 66 fool in width (North to South), the South line of which is described as follows: Commencing at the intersection of the centerline of Old Minnesota SlatTrunk Highway 212 (now known as Meadowlark Lnne) and the East line of the Northwest Quarter of the SOU ilivowit Quarter of said Section 14, thence North along said Past lino a dis Immo of 766,9 feel to n point on tho East and West Qtuarter 111110 of said Section, said point being the East termination point of the said South line of said madway, running thence West on said Rest am' West Quarter Section lino 461.2 feel to tho Wtet lerminntien point of sold South line of as id roadway. SITE ADDRESS; 3500 Kelvin Avelino North PlIESEN1' ZONING; liR - Rural Residential (10 acres) PROPOSBD ZONING; RE - Residential Ratak* (6 units per 20 acres - 3.333 acres pot lot) TOTAL AREA: 28.09 acres Tote' nren of lots = 26,260cres Area within street =1.83 acres TOTAL PROPOSED LOTS: 28.09 3.333 = 8,43 lom = 8 Single Family Lois SETBACKS; Front: 100 feet Renn 100 feet Side - 'hula nal 50 feet Side - Corner Lot Adjoining Street 80 feet MINIMUM Lin ARILA; 2,5 acres LOT FRONTA,GE: Along Street On Cul-Do-Sae 150 feet 70 feet SEWER: All lois will be smell With individual on -site septic systems. Erliminary soil analysis performed by Eklin Soil Testing and Inspections. WATER; City Wntor 'WETLANDS: Wetlands wore delineated by Anthony Dimwit, wellondo specirdia. IMPERVIOUS COVERAGE' (Maximum LW.) Roads LIO Ao.* Houses At Driveways 1.6 Ao.# Percentage Impervious = 2.70 / 28.09= 9.6% STREETS; Approximately 1300 feet of 26 foul wido and 370 feel of 22 foot wide, Rosie face, bituminous roadway with concrete curb sod gutter, Proposed rued to be mimed Kelvin Court North, DRAINAGE AND UTJLLTV EA SEMENI'S: I 0 foot wide drainage and utility casemaila will be dedicated in tho final plat along all right-of-way lines, along the outside boundary of the pint, and centered an 811 sido lot linos. SCHOOL DISTRICP; District t134 Stillwater Area Schools WATERSHED DISTRICT; I/alloy !trench Watershed District LOWEST FLOOD, ELEVATION RESTRICTIONS; Lois 5 - 7 949,0 Lot 8 940.7 East Half - 949,0 West Half Lel 1 940.7 Tolonberm. *B1-499-3421 Foci 01-433-4701 IntherieldPfrontIonant.not VICINITY MAP Section 14 T.29N. R,211^1, LEGEND ..1§".. C Dunk* Nolls 'EyiliI and Boundary nen "3ol12 Survey of Washington County, MinneS0111. 2' Denninalltilily Pule ........95 0 "—Dvnales EMI alug Cunt= .......,x)50'"Demo1c2 Plupired Contour eo"'" Demean bertio Dorills T.as Itele and Number OR'n Denotes Percolation Teal Hole and Number •o,°•''''''''''''''n Pantible Retaining Wull fe=Aru Lone, 11.19adots • 11ES=Elaned End 9.11.33, CA411=Conuguled Mend Pipo linvaloven on Piro CII=Cidalt NAD83-NuilltAnturieon Damn of 1931 1111P10-Heury Doty Poly-0171w* Oricntatiett of Ilda boning xylem la Ilia Wnallinglon Dimly Counlinale tiyalern, NADID, Topography la 17 pliologrannuadde mellnuia faun mural pitninEuxpin lake April, 1994, by Morkitund rind ming amend control supplied by Ma, Faxinnii, Deputy &Asreciolea, lit,, liurianaltd dnlorn is NAD 93. Vertical datum is NCI VU, 1929 adjImInteuL Collin, lira al u 2 foot interanl. Revision August 8, 2005 - MoJor revisions over entire wat Revision August 18,2005 - Additional drainfield boringa, correct "stele on borings and other minor changes. Revision Auquet 29, 2005 - Revise cul-de-sac end Lot layouts el oul-de-sae. Revise privets reed end Kelvin Intersection. 1 hereby caalify ibut thin Int nay, plot On Npial was prepared by mo sander iliy dineei surnaanialun PJKIIIIrd I not II duly 1..leenecal Land Su rreyur undo- Ilte laws of ihe Slate orMinnuain. ada/ 07/05/2005 Joel T. Anaz innexolnLiCeNie No. 13775 Duo 5 Ibuject No. 2005.28 0,6 02 scow; 1".30 TYPICAL STREET SECTION URBAN SECTION 51+ Betcot 14 Colt Guitar it 13' Oltoothloue Woor Come 2' .131111111111.1US Pow Duo. 12 Gleo..16 llooMtrio(1.. &Unlade TE, Magi! ally Enalrooro 11o6t11410+010 C111,17E-34C SECTION Ms.401 g. 216 I-1 re • Ullirminaqo Mot Come -11111,rrAno00Coto coma 1r Mao a AoqmpOlo Bova Sirliorado (4o Maul cRy Enconeem rt4qammern‘q N'Top Sot CONSTRUCTION OF SILT FENCE (1101 or Wood Pos 1 SocklIt Over Top of Poltst2 cost Compact thc 50111 Cul-De-Sac Detail . - 7 11R • k 55003 x 952,6 '9,70 )62.5 XI 9k..5,1) j • 96_1, x i960,2 , \ 0 95 :6 \ I • .fe,,-1 x 949,0 Mil 9512 -";---c-fj •••• •-• `, N. •••., • , KELVIN Bop mem Or 941,9 '•"tio"47VINW4-7 * °Mort 5L (ALM No • - : — : , . ..... ..., .. ., 1.,w"-'. jc.t: g_g:-L v 949,00, ,,, ,„„ :. ',,,,,,, ,, ,,, "• Pt/1,T srE1.1.47.419,s0512424.,, -• : . .. 4,0011.14L itAIAilUt ' r." LLPW P'01A,+12.470: ' ' ;... . .. OW sTA... 046 - priTATA .14+76-- . : ,Pyl::r.7.' ..1+7s-- . -Pvi V....EV.06in - Pas.. 61 Wilt ,, 04.4. Pa • - -20167 rut 411i= (110 ---55-942505 „ ____ „„„,, ,,, ..„.. ,.......,„,„„, : . tat41.:12: . , , ,vi,6rA • .K +1235:10 /1 ELEY.ft 044.t"0- 011114'‘10 .„. A:D..4,0790 . •49 - :; \..x 915.7 _T. al tho"Na c9,4oniievr ofF7eettat N'T 9ZA-, T1135 of IronVaqiManumenli__.,_------,-1-• 944x.9 -71 , X 939.4 7 i9 Cti RTICAL SCALE: 1" = 10' HORIZONTAL SCALE: 1" = 100' • Iiivi.r:O: OLEV.i.0.' „. 0NA aTA;441)5--.::. -.1.-.;:::;-:'...-.1::...':'.: ::':,..-.:::"..1:-: ,. „ . ., " i &jot- AV/ :4 44.,Y, 4(4 . ',Z.:, PV1-EL.alr-..0..1000::,....-:::::.:.:.*::.:::.:2- N::: • 41. 10+00 40..00 14+00 0+00 12+0D 11+00 ig- SW 4'7 1,7;39,5451, qa.r0i47 .„. • MOO Va 7 Mgt " E: • M. 10+00 8+00 [KO 7400 61-11110 6400 4+0D 3+00 2+ aq 1400 0+00 ,r2fa 6,4! 0 Ls) 0 I 1 '2 —1 Sheet 1 . of 1 co z < < co • ) Total Area 7,, 3,65 Ac.±. Buildable Area 3.65Ac.± 6 Total Area 2,99 Ac.ti. Buildable Area 2.46 Ac.± LOT L YOUT OF PARK EADO Part of the Southwest Quarter of the Northwest Quarter of Section 14, Town8lup 29 North, Range 21 West, City of Lake Elino, Washington County, Minnesota 4 'fatal Area •-•,• ..51 Ao.± Buildable Area 3.51 Aci.-1- Buildable Area 2.50 AG.:1: Total Area' 2.50 Ac,i Total Area i., Buildable Area • 8 -- *4 ,-----", -"- .c ' ) • ' , -,..) ('-' L-1)''I'r ( `.- {. ( ': 1 ni '•-3,,, I..., _ ,,,, 3„ ,•,.. '-x "1„. 1 c-) 2 Total Area . 2.50 ACA Buildable Area 2.50 Ac,: Total Area 3.22 Ac.± Buildable Area 2.24 Ac.;t: ) • J (:) • t I - lal P4ea 2,86 Ac.± BuLiahIArea 1.73 Ar3i) 1 --, • - )3- VICINITY MAP — • • - •-• -1" N . '• PARK MEAIO z 51111WATER 13LYP. N. U, P. R. R. DEVELOPER 32ND 5T. N. J.P. BUSH HOMES c/o Joe Bush 3537 Lake Elmo Avenue North P.O. Box 893 Lake Elmo, MN 55042 (651) 777-6162 Office LANEDNAR‹ SURVEYING-INC. 21150 Ozark Avenue North - F3ox 65 Sumac, IlInnesoto 55073 Joel T. Mex, L9 Belb, 1-IT Teleplronm 491-493-9421 Feb' 451.493-4791 9-moll. 1,94,49.1dffront/arnet.n44 Lake Elmo City Council September 6, 2005 Agenda Section: Planning nd Use and Zoning No. 913 Agendaitem: Revised OP Concept Plan — Deer Glen Background Information for September 6, 2005: On August 16 the Council tabled this matter (with the applicant's concurrence) to the meeting of September 6. The purpose of the deferral was to enable the applicant to address an alternative Concept Plan that would better incorporate the 4 lots previously proposed along the east/west public road entrance to the site with the other OP lots south of the church site. We understand that the applicant has developed several alternative responses to this direction that will he shared with the Council and staff concurrently during the September 6 meeting. We therefore have nothing new to report to the Council at this time (Thursday, September 1). We have attached a draft Resolution for approval of some OP Concept Plan of Deer Glen. Since there are multiple versions of the Concept Plan in circulation, we have left the date of any approved plan blank, If a particular Concept Plan version is approved by the Council, staff will date the plan and insert that date in the Resolution. In the alternative, the Council could direct staff to prepare a Concept Plan denial Resolution to be presented at the September 20 meeting. Should the Council either direct preparation of a denial Resolution or decide to defer this matter the City should immediately issue a 60 day review extension letter. The multiplicity of Concept Plan versions, some of which that have not been provided staff for review for compliance with Zoning Ordinance standards could be a significant basis for the 60 day extension, In fact, since a new version of the Concept Plan was submitted by the applicant immediately prior to August 16 meeting, and we understand that other versions of the Plan will be presented to the Council on September 6 there does not appear to have been a "complete" application filed with the City yet. Action items: Motion to either adopt Resolution #2005 - , approving the Deer Glen amended Concept Plan; or, Motion to direct staff to prepare a Resolution denial the Deer Glen Concept Plan for September 20; or, a Motion to defer a decision on the Deer Glen Concept Plan pending staff review/report on an alternate plan (specifiy which plan). Should either of the last two actions he taken, a Motion directing staff to advise the applicant that the City will require 60 additional days to complete action on the Amended Deer Glen Concept Plan due to applicant submission of the multiple differing plan during the initial 60 day review period. Attachments: Draft Resolution #3205 - Approving Amended Concept Plan 2, Draft City Council Minutes of August 16, 2005 3. Concept Plan Presented on August 16, 2005 Person responqiblei , CitlY Ploitec_v Time Allocated; CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-096 A RESOLUTION APPROVING THE AMENDED OP CONCEPT PLAN OF DEER GLEN WHEREAS, on July 25th, 2005, the Lake Elmo Planning Commission reviewed and recommended approval of the amended OP Concept Plan of Deer Glen subject to certain conditions. WHEREAS, on August 16, 2005, the Lake Elmo City Council reviewed the recommendations of the Lake Elmo Planning Commission, and a Concept Plan revised from that recommended by the Planning Commission that was presented to the Council by the applicant. WHEREAS, on September 6, 2005, the Lake Elmo City Council reviewed OP Concept Plans for Deer Glen again revised by the applicant from those recommended by the Planning Commission and that which the Council reviewed on August 16. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council approved the amended OP Concept Plan of Deer Glen, per plans staff -dated September 6, 2005, and subject to the following conditions. 1. Compliance with the recommendations of the City Engineer and City Attorney. 2. Compliance with the recommendations and Permit conditions of the Valley Branch Watershed District as found to be applicable and practical by the City Engineer. . Development Stage plans shall address the incorporation of single -source water supply and lateral pipe installation for all OP lots, 4. Keats Avenue/State Highway 36 improvements required of the property owners as conditions of prior City Council approvals shall be conditions to this OP project as well. 5. The Development Stage Plan shall demonstrate the year-round effectiveness of screening measures that support the 100 foot OP buffer on the east side of the site, 6. Amendment of the Conditional Use Permit previously approved by Council Resolution No. 2005-029 to reflect the amended OP Concept Plan approved hereby. 7. Amendment of Preliminary Plat approved by Resolution No. 2005-030 to reflect the amended OP Concept Plan layout as approved hereby. ADOPTED by the Lake Elmo City Council on the 6th day of September, 2005. Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator DRAFT 9. PLANNING, LAND USE & ZONING: A. Resolution No. 2005-086:Amended OP Concept Plan — Deer Glen Planner Dillerud explained the plan, staff -dated August 16th, was just received and is different than the plan the Council received in their agenda packet. He said there is one less lot on the entrance road and they are adding a lot along the north and South Street. Paul Danielson, the applicant's engineer, said the applicant had meetings with adjacent property owners. He said in order to accommodate neighbor's concems.the lots along the entrance road were shortened up and closer to roadway, 5 lots were changed to 4; and a trail created as a walking loop so it's not close to the house. He said they have brought in Damon Farber and Assoc., an urban landscape firm to assist with landscape planning for the site. He said the septic system has always been planned for a joint system with the church site. Joan and Steve Ziertman presented their reasons against the proposed concept plan and their memo is attached hereto and made part of the Minutes. Council members Smith and Conlin both said that they dislike the configuration of 4 lots on the east/west street which sit by themselves because it does not make a cohesive neighborhood. Smith suggested redesign of the OP Plan to take the 4 houses out and to utilize the natural features of the land to provide an alternative deign with those lots grouped with the balance of the OP lots. She suggested that if the applicants move the church to the north they could place the four houses in the vacated area south of the church. Mayor Johnston and Council member DeLapp said they supported all the comments made by Council Members Smith and Conlin. Peter Beck, Attorney for the applicant, stated his client could go back to the 48 acre OP plan. He said the Council wanted them to add the 20 acres. He noted that the applicants didn't ask to add the 20 acres and additional lots. Beck said the church took 9 years to get the church plan approved and wouldn't want to open this up. Mayor Johnston asked if the applicant would be willing to withdraw the application. Attorney Beck said the applicant would rather have it tabled to a date certain, and would like two weeks. The Planner noted that the completed application date is July 5th. M/S/P DeLapp/Smith — to table the concept plan of Deer Glen until the September 6th Council meeting so the applicant can address the four lots in question. (Motion passed S- O.). Council member DeLapp asked about the road extension to the east property line and for input from the Fire Department. LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 2005 5 DRAFT Peter Beck stated the applicant will come back with the plan both ways regarding the road extension, B. Resolution No, 2005-086:OP Development Stage Plan, CUP and Preliminary Plat — Discover Crossing The City Planner reported this is an OP Development Stage/CUP/Preliminary Plat to create 25-28 single family lots on a site of 72 acres in the southwest quadrant of Lake Elmo Avenue and Highway 36. The range of lots proposed relates to the applicants' anticipation of forthcoming amendment to the density allowable in OP from 0.40 to 0.45 units per Buildable Acre. The extra three lots will be platted as outlots until the OP ordinance is amended over the next few months. The applicant will have to return with another Final Plat to convert the outlots into buildable lots. Tim Freeman, FFE, stated the developer would like a monument sign and stamping and coloring of the street to indicate the area for pedestrians to walk. If the street is repaved, the residents should pay the extra assessment so that portions are stamped again. He said the street is above and beyond the City standards at no cost to the City. Attorney Filla reminded the Council there is a report from the City Engineer that states that the stamping of the street is not a realistic plan and that it will be very expensive for the City to maintain this on -road -trail in the manner that is originally designed. Filla stated that he cannot tell the Council that this stamped road would contribute to accidents, but there is an increased liability with the street design proposed because the color - stamped streets is like asking people to walk in the streets, Council member DeLapp stated he didn't like the monument sign, the split road or the lighting on the bridge. M/S/ DeLapp/Smith - to approve Resolution No. 2005-086, A Resolution Approving the Open Space Preservation Development Stage Plan, Preliminary Plat, and Conditional Use Permit of Discover Crossing plat with the exception of street lighting on the bridge and the monument sign. MIS/P Johnson/Conlin — to amend the motion to exclude the color -stamped roadway paving. (Motion 4-1: DeLapp). Council member Johnson asked to move the previous question. (Motion failed 3-2: Johnson, Conlin) Tim Freeman said the developer would put money in escrow to cover the removal of the color -stamped roadway if the residents don't like it. LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 2005 6 e ei 8' ME WAIL • r f I / CIUTLOT 5 k • , 345,354 sF STATE HIGHWAY 3 ,1 22 I23 ;,1 24 I I 32,717 SF I 37,058 F I 2.811 SF 09'49.46"w 1067.04 lam we rcsoLini 11101400511001/4 'NOM LAE OF 220111 1120 FEETVF NYA/4 '''''‘,11021111 tA $01115 OX./ FEET OF MIFF• ret°4= 000 6. ME OF OMR 400 FEU OF i051/4 6 ...$2167,44 24' WIDE ROADWAY SETBACK . L. 8 2 ICLAtiOS fileAllffiltr PARCEL B 69.37 AC ourLor c 6' NADE 1-51113ACK SIDEWALK 1. 200' BUFFER 4 48,983 sr 60' SETBACK 6 I 49,555 SF,' 7 I, 76,621 0.0000000 400 000 000000010.9 Itt U../TLOT 5 59,794 SF 24' ME RoADWAY- K0,011\005 53 52.717 SF PARCEL C 18,97 AC „ f, `"-1I121; / • / 10' VARE TRAIL 00 outLaT A 003,374 SF 56,222 SF - ___ 5. ,4•F'r 71,718 0' PARKING SETBACK NG 0000.0000 f r i el * - v I A e ( , 66 I BUFFER j..or I WOODLAND'S AREA PARCEL A 20.28 AC HOAK) B 6' WIDE 24' WIOE ROADWA SIDEWALK 12 33,320 SF •°•"v e•.`‘A, / 32,631 SF 15 35,445 5 SE19.49' 49'W FAXIM SJOE OF No1,14 5 2000.86 • 7 53,455 89 -150' ISOFFEf 17 57.120 34,403 SFI _J- 12o/ 135;1033 09TE ^,P AREA 0, ,.. '-ep. , - '? I y , N • .., ,I',, - .7. OM L 1.25 221 t•I'„ '4 ROW r loiAL C CO 100 200 HORIZONTAL seALE IN FEET ND 470{, A.KA4MAti PROPERTY UNE SETBACK LINE RIGHT-OF-WAY UNE -- ROAD At TRAIL LENGTHS I TRAVELWAY CENTERLINE LENGTH (LF) ROAD A 3,160 ROAD 8 1,208 18042 C 544 TRAILS 5,519 STAGING THE SITE IS ANTICIPATED 10 BE CONSTRICTED IN THREE COMMENCING SUMMER 2005. CONGURRENT 1IITH CHURCH PHASES. WITH PARCEL A (cHuRCH PARCEL) CONS1RUCTICN WILL LIE FLoOD PLAIN MITMATIoN AND LOTS 1-10 IN 2005 WITH CONSTRUCTION OF EDTS 11-20 ANTICIPATED IN 2007, LOTS 21-28 ARE ANTICIPATED To BE CONSTRUCTED 6 2008 OR 2009, AREA SUBJECT TO OP DEVELOPMENT REQUIREMENTS (PARCEL B) PARCEL AREA AREA >2521 sLOPE 656TLA167 AREA LESS (AC) (SF) (SF) (sr) UNnuRDABLE LOTS 1-11 13.85 003,123 0,957 0 568.678 LOTS 12-21 9.04 393,671 1365 0 392,606 LoTS 22-25 3.21 139,790 3,482 0 136,308 101 26 1.97 I 85,793 910 0 84.875 OUTLOT A 13.05 I 003,374 32,370 32,576 538,429 OUTLOT B 1.37 19,794 580 7,647 51,687 OUTLOT C 12.86 580,007 0 0 55E4007 GWLOT D 7.55 346,354 1,949 e5, 255 259,147 5.28 229,791 2,293 o 227.498 89.38 3,021.907 5036 08954 SPACE REQ. 47,994 95,350 2,878,533 1,4,30,287 PROVIDED OPEN SPACE PARCEL AREA AREA >2511 SLOPE WETLAND (AC) (SE) (99) (sr) OUTLOT A 13.96 603,374 32,370 32,675 OLITLOT EI 1.37 59,794 550 7,547 001101 0 12,86 560,007 0 0 OT 0 7.95 346,354 1.949 55,258 TOTAL 36.03 1,569,529 34,079 95,380 AREA LESS UNBUILDABLE 538,429 51,657 160007 289,147 1,439,270 NOTE: OpEN SPACE PROVIDED EXCEEDS OPEN SPACE REQUIREMENT TOTAL LOTS OF PARCEL, B 69.3E1 AC. - (2.19 + 1,10) MOD AC. x 16 LOTS OCR 40 AC. - 25.44 LOTS TOTAL LOTS PRoPOSED 26 LOTS SHEET 2 OF 3 SHEET NO. 1