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HomeMy WebLinkAbout01-04-05 CCMPMayor: Dean Johnston Councilmembers: Steve DeLapp Liz Johnson Anne Smith Please read: Lake Elmo City Council Tuesday January 4, 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: December 7, 2004 3. Resolution No. 2005-001:Claim 4. Accept Resignation of Dean Johnston, Resolution 2005-002 Declaring Council Vacancy 5. OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL 6. Adjourn NEW COUNCIL RECONVENES COUNCIL MEETING 1. Agenda 2. PUBLIC INFORMATIONAL: A. Recognition of Outgoing Council Members B. Lake Elmo Jaycees Proclamation C. 2005 Board of Appeal and Equalization Meeting:May 4, 2005 D. Employee and Volunteer Recognition Party r ott (9'el 3. PUBLIC INQUIRIES j 4. ORGANIZATIONAL MEETING: A. Appointment Process of Council & Commission -4-41/4/ Old &we, cia ttAtaljcro 7, ;Sta. 5" !Cow 44* Nowa. Slaws, 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 B. Election of Acting Mayor v C. Council Committee Appointments/ D. Designation Of Legal Newspaper-- E. Designation of Official Depositories -- for 2005 F. Appointment of City Engineer G. Appointment of City Attorn (Civil and Criminal) H. Appointment of Financial Advisor I. Appointment of Auditing Firm J. Planning Commission Appointment; (two openings: 1st & 2nd Alternates) K. Parks Commission Appointments; (one opening:2'id Alternate) L. Community Improvement Commission Appointment; (two openings) M. Cable Operator:Steven Press N. IT: NextGenesis O. Animal Control:Kathi Pelnar 5. CONSENT A. Resolution No. 2005-003 Authorizing Signature for Payments of Funds From the Lake Elmo Bank B. Resolution No. 2005-004:Approve Claims 6. NEW BUSINESS 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update On Fire Dept.:Chief Malmquist 8, CITY ENGINEER'S REPORT: 9. PLANNING, LAND USE & ZONING: A. Appeal of Administrative Determination — Chadoua Vue B. Plan Amend/Rezone/RE Plat — Cardinal View:Resolutions 2004-005, 006. Ordinance No. 97-144 C. Community Development Block Grant 2005-2007 10. CITY ATTORNEY'S REPORT: Lake Elmo City Council Agenda January 4, 2005 Page 2 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. Tom Prew Lake Elmo City Council Agenda January 4, 2005 Page 3 11. CITY ADMINISTRATOR'S REPORT: A. Met Council 12. CITY COUNCIL REPORTS: A. Mayor Johnston B. Council Member DeLapp C. Council Member Johnson D. Council Member Smith Lake Elmo City Council Meeting January 4, 2005 AGENDA ITEM: Open Council Position — Interview Recommendation Recommendation for Scheduling Interviews: Staff set up half hour interviews for each of the 9 candidates for January 25, 2005 starting at 4:30 p.m. with a half hour break at 6:30 if council members are available. (Interview Times: 4:30, 5:00, 5:30, 6:00, break, 7:00, 7:30, 8:00, 8:30, 9:00) ✓ Even with this being an open meeting, would recommend that staff request of the candidates to wait in the lobby area until their interview time. Recommendation for Interviews: • Each council member prepare up to 2 questions for each candidate. V Council members would rotate in asking their questions up to the half hour time limit Recommendation for Choosing Final Candidates (9:301: • Each council member chooses their top 2 candidates and give a "2" for their highest rated candidate and a "1" for their second choice. V The overall top 2 candidates (3 if a tie occurs) go forward as final candidates. ✓ Staff will notify the top 2 (3 if a tie) candidates and request that they attend the February 1, 2005 city council meeting for the final process. Recommendation for Final Process/Decision: ✓ On February 1, 2005, (6:30 p.m.) council members will have an opportunity to ask 1 final question of each of the candidates. During the regularly scheduled meeting and at the time of the agenda item council members will vote on paper (1 vote) for the candidate of their choice. City Administrator and City Attorney will process the written votes and give the Mayor the results. ✓ In event of a tie, council will follow the state guidelines, Lake Elmo City Council Meeting January 4, 2005 AGENDA ITEM: Open Council Position — Interview Recommendation Recommendation for Scheduling Interviews: ✓ Staff set up half hour interviews for each of the 9 candidates for January 25, 2005 starting at 4:30 p.m. with a half hour break at 6:30 if council members are available. (Interview Times: 4:30, 5:00, 5:30, 6:00, break, 7:00, 7:30, 8:00, 8:30, 9:00) • Even with this being an open meeting, would recommend that staff request of the candidates to wait in the lobby area until their interview time. Recommendation for Interviews: • Each council member prepare up to 2 questions for each candidate. ✓ Council members would rotate in asking their questions up to the half hour time limit. Recommendation for Choosing Final Candidates 19:301: • Each council member chooses their top 2 candidates and give a "2" for their highest rated candidate and a "1" for their second choice. ✓ The overall top 2 candidates (3 if a tie occurs) go forward as final candidates. ✓ Staff will notify the top 2 (3 if a tie) candidates and request that they attend the February 1, 2005 city council meeting for the final process. Recommendation for Final Process/Decision: • On February 1, 2005, (6:30 p.m.) council members will have an opportunity to ask 1 final question of each of the candidates. • During the regularly scheduled meeting and at the time of the agenda item council members will vote on paper (1 vote) for the candidate of their choice. City Administrator and City Attorney will process the written votes and give the Mayor the results. ✓ In event of a tie, council will follow the state guidelines. Lake Elmo City Council Meeting January 4, 2005 AGENDA ITEM: Open Council Position Interview Recommendation Recommendation for Scheduling Interviews: V Staff set up half hour interviews for each of the 9 candidates for January 25, 2005 starting at 4:30 p.m, with a half hour break at 6:30 if council members are available. (Interview Times: 4:30, 5:00, 5:30, 6:00, break, 7:00, 7:30, 8:00, 8:30, 9;00) ✓ Even with this being an open meeting, would recommend that staff request of the candidates to wait in the lobby area until their interview time, Recommendation for Interviews: ✓ Each council member prepare up to 2 questions for each candidate. ✓ Council members would rotate in asking their questions up to the half hour time limit. Recommendation for Choosing Final Candidates (9:30): ✓ Each council member chooses their top 2 candidates and give a "2" for their highest rated candidate and a "1" for their second choice. ✓ The overall top 2 candidates (3 if a tie occurs) go forward as final candidates. ✓ Staff will notify the top 2 (3 if a tie) candidates and request that they attend the February 1, 2005 city council meeting for the final process. Recommendation for Final Process/Decision:, On February 1, 2005, (6:30 p.m.) council members will have an opportunity to ask 1 final question of each of the candidates. 1 During the regularly scheduled meeting and at the time of the agenda item council members will vote on paper (1 vote) for the candidate of their choice. City Administrator and City Attorney will process the written votes and give the Mayor the results. 1 In event of a tie, council will follow the state guidelines. MINUTES APPROVED: JANUARY 18, 2005 LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 2005 I. AGENDA 2. MINUTES: December 7, 2004 3. Resolution No. 2005-001:Claims 4. Accept Resignation of Dean Johnston, Resolution 2005-002 Declaring Council Vacancy 5. OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL 6. Adjourn New Council Convenes Council Meeting I. AGENDA 2. PUBLIC INFORMATIONAL: A. Recognition of Outgoing Council Members B. Lake Elmo Jaycees Proclamation. C. 2005 Board of Appeal and Equalization Meeting:May 4, 2005 D. Employee and Volunteer Recognition Party 3. PUBLIC INQUIRIES 4. ORGANIZATIONAL MEETING: A. Appointment Process of Council & Commission B. Election of Acting Mayor C. Council Committee Appointments D. Designation of Legal Newspaper 5 E. Designation of Official Depositories for 2005 F. Appointment of City Engineer G. Appointment of City Attorney (Civil and Criminal) H. Appointment of Financial Advisor I. Appointment of Auditing Firm J. Planning Commission Appointment (two openings:1 &2nd Alternates) K. Parks Commission Appointments:(one opening;2 Alternate) L. Community Improvement Commission Appointment:two openings M. Cable Operator:Steven Press N. IT:Next Genesis 0, Animal Control:Kathi Pelnar 5. CONSENT: A. Resolution No, 2005-003:Authorizing Signature for Payments of Funds from the Lake Elmo Bank B. Resolution No. 2005-004:Approve Claims 6. NEW BUSINESS: 7 MAINTENANCE/PARKJFIRE/BUILDING: A. Update on Fire Dept.:Chief Malmquist 8. CIITY ENGINEER'S REPORT: 9, PLANNING, LAND USE & ZONING: LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 2005 A. Appeal of Administrative Determination-Chadoua Vue B. Plan Amend/Rezone/RE Plat — Cardinal View:Resolutions 2005-005, 006, Ordinance No. 97-144 C. Community Development Block Grant 2005-2007:Resolution No. 2005- 007 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Met Council 12. CITY COUNCIL REPORTS: Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: John, Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, Attorney Miller, Planner Dillerud, Finance Director Tom Bouthilet and Administrator Rafferty. 1. AGENDA M/S/P Durm/Johnston - to approve the January 4, 2005 City Council agenda, as presented. (Motion passed 5-0). 2. MINUTES: December 7, 2004 M/S/P Dunn/Johnston - to approve the December 7, 2004 City Council minutes, as amended. (Motion passed 5-0). 3. Resolution No. 2005-001:Claims, M/S/P Dunn/John - to adopt Resolution No. 2005-001 approving claim numbers 230, 231, DD294 through DD305, 26608 through 26636 which were used for staff payroll dated December 9, 2004, Claim 232, 233, DD306 through DD315, 26637 through 26651 which were used for staffpayroll dated December 23, 2004, claims 26652 through 26699, in the total amount of $157,576.15 (Motion passed 5-0). 4. Accept Resignation of Dean Johnston, Resolution No. 2005-002 Declarine Council Vacancv The City received a resignation letter from Council Member Johnston indicating his resignation from the position of Council Member effective upon the administration of his oath of office as Mayor. M/S/P DeLapp/Dunn - to adopt Resolution No. 2005-002 accepting the resignation of Dean Johnston from the position of Council Member effective upon the administration of his oath of office as Mayor of Lake Elmo and declare a vacancy in the Council seat held by Council Member Dean Johnston. (Motion passed 5-0). 5. OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL The City Clerk administered the Oath of Office to the newly elected members of Council, Mayor Dean Johnston, Council Member Liz Johnson and Council Member Anne Smith. 6. Adjourn LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 2005 2 M/S/P Johnson/Smith — to approve the Council Committee Appointments as indicated on January 4, 2005. (Motion passed 4-0). D. Designation of Leal Newspaper M/S/ Johnson/Smith - to designate the Stillwater Gazette and the Lake Elmo Leader as the City's legal newspaper for 2005. Council member Johnston said he supported the Oakdale -Lake Elmo Review based on the excellent press coverage and cost, M/S/P Johnston/Smith to amend the motion to designate the Stillwater Gazette as the City's legal newspaper for 2005 and the Oakdale Lake Elmo Review based on coverage, price and quality of reporting, (Motion passed 3-1 Johnson supported the local newspaper, Lake Elmo Leader). E. Designation of Official Depositories for 2005 Staff recommended the designation of the following as official depositories for the City; Lake Elmo Bank, Wachovia Securities, Smith Barney Citigroup and Northland Securities. M/S/P DeLapp/Johnson - to designate Lake Elmo Bank, Wachovia Securities, Smith Barney Citigroup, and Northland Securities for 2005. (Motion passed 4-0). F. Appointment of City Engineer M/S/P DeLapp/Johnson - to appoint Tom Prew/TKDA as the City Engineer for 2005. (Motion passed 4-0). G. Appointment of City Attorney (Civil and Criminal) M/S/P DeLapp/Johnson - to appoint Jerry Filla, Peterson, Fram & Bergman as the City Attorney, for both criminal and civil matters for 2005. (Motion passed 4-0), H. Appointment of Financial Advisor M/S/P DeLapp/Johnson - to appoint Paul Donna, Northland Public Finance Group as the City's Financial Advisor for 2005. (Motion passed 4-0). I. Appointment of Auditing Firm M/S/P DeLapp/Johnson - to appoint Steven R. McDonald, CPA, Abdo, Eick & Meyers, and LLP as the City's Auditing Firm for 2005. (Motion passed 4-0). LAKE ELMO C11 Y COUNCIL MINUTES JANUARY 4, 2005 J. Planning Commission Appointment (two openings:1 & 2" Alternates) Three Planning Commission terms expired onDecember 31, 2004 (Ptacek, Sessing, and Schneider). Todd Ptacek and Bob Helwig, who serve on the Planning Commission, have submitted their names for consideration in the City Council Appointment. Now that there is a procedural policy in place, the following motion was made: M/S/P Smith/Johnston to reappoint Todd Ptacek, Rodney Sessing, and Charlie Schneider to the Planning Commission for 60 days. (Motion passed 4-0). Council member DeLapp objected to the procedure in place and suggested we follow Washington County's procedure of appointing members for a three year term. Discussion on Planning Commission terins will be referred to the January 1 lth Finance, Legal, Legislative, Persorinel Council Committee Meeting. Planning Commissioner Liz Johnson became a City Council member and Commissioner Thomas Meldahl resigned his commission December 13, 2004. The Commission now has nine members and the City Code specifies eleven. Commissioner Ben Roth is currently 2" Alternate Member and should become a Full Voting Member taking the position vacated by Liz Johnson with a tem expiring December 31, 2005. M/S/P Johnson/Smith - to appoint Ben Roth as Full Voting Member of the Planning Commission to finish a 3-year term that will expire on December 31, 2005. (Motion passed 4-0). K. Parks Commission ADVointments:(one opening:2" Alternate) Three Parks Commission appointments expired December 31, 2004. Commissioners Linda Wagner, Terry Bouthilet and Todd Bruchu have requested reappointment. Council member DeLapp suggested the Parks Commission appointments be made for a 3-year term because they are not like the Planning Commission that has to follow the regulations according to state law. MIS/P Johnson/Smith - to reappoint Linda Wagner, Terry Bouthilet and Todd Bruchu to the Parks Commission for a 3-year term that will expire on December 31, 2007, (Motion passed 4-0.) Commissioner Jim Lund has resigned from the Parks Commission, but hopes to be able to serve again in 2006. With his resignation, 2" Alternate Commissioner Rolf Larson should advance to 1st Alternate Parks Commissioner. M/S/P DeLapp/Johnson - to appoint Rolf Larson as 1st Alternate of the Parks Commission. (Motion passed 4-0.) LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 2005 6 L, Community Improvement Commission Appointment:two openings The Community Improvement Commission shall be comprised of seven members. Currently the members on the Commission are: Jill Anderson, Stacy Howieson, Debbie Lyzenga, Gary Rieder, Anne Smith and Joan Ziertman. CIC Member Smith resigned because of becoming a Council Member so there are two vacancies on the Commission. The staff will continue to advertise for the two vacancies on the Community Improvement Commission and bring back item to the February 1st Council meeting. M. Cable Onerator:Steven Press M/S/P Joluison/DeLapp — to approve the reappointment of Steven Press as the City's Part -Time Cable Operator at $13,50 Hr. for taping and broadcasting city meetings. (Motion passed 4-0). N. 1T:Next Genesis M/S/P Johnson/DeLapp — to approve the reappointment of the computer service contract between the City and Next Genesis (William Keran). (Motion passed 4-0). O. Animal Control:Kathi Pelnar M/S/P Johnson/DeLapp — to approve the Animal Control Contract between the City and Kathi Pelnar to provide Animal Control Services for 2005. (Motion passed 4-0). 5. CONSENT: A. Resolution No, 2005-003:Authorizina Signature for Payments of Funds from the Lake Elmo Bank Following every election, the City must notify the lake Elmo Bank who has been authorized to sign checks for payment of funds by the City. State Statute requires that the Mayor sign all checks as well as the City Administrator and or an appointed designee. M/S/P DeLapp/Johnson - to adopt Resolution No, 2005-003 authorizing signatures for payment of funds from the Lake Elmo Bank. (Motion passed 4-0). B. Resolution No. 2005-004:Approve Claims M/S/P DeLapp/Johnson - to adopt Resolution No. 2005-004 approving claim numbers 26700 through 26727, 234 in the total amount of $5,059.89, (Motion passed 4-0) 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A, Update on Fire Dept.:Chief Maim:mist The Fire Chief reported there are 25 volunteers in the department. They responded to over 320 medical, rescue and fire emergencies, which is a decline from the 422 calls in 203, Fires of all types dropped from 53 in 2002 to only 27 in 2004. The entire LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 2005 7 department upgraded from Fire Fighter 1 to Fire Fighter II. One safety officer was sent to a training program at the National Fire Academy. This is the second year for the Fire Department Calendar. 8. CITY ENGINEER'S REPORT: None 9, PLANNING, LAND USE & ZONING:, A. Anneal of Administrative Determination-Chadoua Vue Planner Dillerud reported that on December 7 the Council adopted motion to 1.) Affirm the Building Official's determination that Mr, Vue needs a building permit for whatever he constructs as an accessory building; and 2.) Postpone action regarding the location of an accessory structure(s) nearer the front property line than the principal structure. Dillerud reported Mr. Vue has submitted a building permit application for a 30 foot by 18 foot accessory structure, but additional drawings have been submitted beyond those he had submitted with his Appeal. Staff recommended Council direction to remove the lean-to structure; and relocation of the Menards style tool shed to a location within code compliance by June regardless of the outcome of Mr. Vue's request to place the new accessory structure in front of his house, M/S/F DeLapp/Johnson — to adopt Resolution No. 2005-008 approving an accessory structure located in front of the principal structure at 11991 30th Street. (Motion failed 0- 4). Council member DeLapp stated the whole concept of accessory structures needs to be discussed and determine what a principal structure is and what constitutes an accessory structure. M/S/P Smith/DeLapp — to direct Chadoua Vue, 11991 30th Street, to remove the lean -to - structure; and relocate the Menards style tool shed to a location in compliance with Code by June 1, 2005. (Motion passed 4-0). M/S/P Johnson/Smith - to send Section 300.13 Subd. 31 of the City Code to the Planning Commission for a recommendation regarding retention, repeal or modification within 90 days. (Motion passed 4-0.) B. Plan Amend/Rezone/RE Plat — Cardinal View:Resolutions 2004-005, 006. Ordinance No. 97-144 The Planner reported the Planning Commission recommend approval of a Comprehensive Plan Amendment, Rezoning and Preliminary Plat, which creates six residential estates lots on a 23.5 acre site at the east end of 15th Street No. A seventh lot would accommodate the existing home on the site. Staff had advised the Commission that the plat design resulted in apparent technical non-compliance with average lot area and septic site area requirements of the RE zoning district. LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 2005 8 The Planner indicated the applicant agreed to conduct additional soil testing and to identify the full 20,000 sq.ft. per lot of septic drain field area and those tests have been completed and submitted. He reported that the existing home with an in -place septic system is not addressed regarding the 20,000 square foot septic standard by the original plan, but has been in a preliminary manner since then, M/S/P Johnson/DeLapp - to adopt Resolution 2005-005 granting a Comprehensive Plan Amending Guiding Land Use From RAD to RED to D&T Development. (Motion passed 4-0). M/S/P Johnson/DeLapp - to adopt Ordinance 97-144, An Ordinance amending Section 300.07 Zoning District Map of the Lake Elmo Municipal Code to rezone the Cardinal View site from RR to RED in compliance with the Comprehensive Plan Amendment previously adopted. (Motion passed 4-0). M/S/P Johnson/DeLapp — to adopt Resolution No. 2005-006, A Resolution approving the Preliminary Plat of Cardinal View subject to a condition that the applicant provide additional tests to verify 20,000 square feet of proposed Lot 7 to be suitable for septic drain field purposes prior to submission of the Final Plat, (Motion passed 4-0). C. Community Development Block Grant 2005-2007 The City Planner reported the CDBG application in the amount of $72,000 has been submitted to Washington County to meet the December 17 deadline. The application follows the direction of the Conununity Improvement Commission as to program content, M/S/P DeLapp/Johnson - to adopt Resolution No. 2005-007, approving submission of the 2005-2006 Lake Elmo CDBG Application. (Motion passed 4-0.) 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Met Council The City Administrator reported Mayor Johnston requested the Council confirm by motion the Met Council Negotiating Team. The team would report the progress to Council at each meeting as appropriate. All settlement with the Met Council must be approved by a majority vote of the City Council, M/S/P JohnsonlDeLapp — establishing the official Met Council Negotiating Team consisting of Mayor Johnston as chair of the team and Martin Rafferty, City Administrator and Chuck Dillerud, Planner. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 2005 9 12. CITY COUNCIL REPORTS: Council member DeLapp welcomes the new members of the Council. Council member Smith stated she will be resigning as Vice Chair of the Community Improvement Commission and urged residents/property owners to apply for membership. Adjourn 8:50 p.m. Respectfully submitted by Sharon Lumby„ City Clerk Resolution No. Resolution No. Resolution No, Resolution No, Resolution No. Resolution No. Resolution No. 2005-001 Claims 2005-002 Declaring Council Vacancy 2005-003 Signatures for Payments of Funds from the LE Bank 2005-004 Claims 2005-005 Comprehensive Plan Amendment for Cardinal View 2005-006 Preliminary Plat of Cardinal View 2005-007 CDBG 2005-2007 Ordinance No, 97-144 Rezoning for Cardinal View from RR to RED LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 2005 1 0 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 7, 2004 1. AGENDA 2. MINUTES: November 16, 2004 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries B. Public Informational: Two Rivers Land Trust Homebuyer C. Lake Elmo Library 4, CONSENT AGENDA: A. Resolution No, 2004-102: Approve Claims B. Resolution No. 2004-103: Charitable Gambling License — Maplewood Lions C. 2005 Liquor Licenses 5. FINANCE: A. Resolution No. 2004-104:Capital Improvement Prog B. Resolution No. 2004-105: Adopt Fina1O05 Budget o ution No, 2004-106 Adopt Levy C. Resolution No. 2004-101:Waiver o bnctary Limits on Tort Liability 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/B11 ' A. Update on Fore Department c a mquist- NOT IN ATTENDANCE . 8, CITY ENGINEER'S REp. A. Highway 5 Traffi 9. PLANNING, LAND ja, A. HEARING: Apa1 f Admrnistrative Determination-Chadoua Vue:Rsoh4tio,n Phc,),,ng Accessory Building in Front of Primary Structure B. PUBLIC HEAftIG:Vteation of 55th Street and Easements Resolution NOt.2004- 1 07 Resolution No. 209,4-108-Final Plat and Development Agreement for TapesitryW ChaOtte's Grove D. Resolution W 2004-109 :Minor Subdivision and OP Final Plan Arriendment:%Dupuis/Engstrom E. Family Entertainment Center F. Resolution No. 2004-110:Sale of Berschen Property (Property Rights) G. Bush Angle Parking 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Met Council Discussion/Negotiations B. Lake Elmo Jaycees Donation C. December 21st Council Meeting 12. CITY COUNCIL REPORTS: LAKE ELMO CITY COUNCIL MINUTES DECEMBER 7, 2005 Mayor Hunt called the Council meeting to order at 7:00 pm, in the Council chambers. PRESENT: Hunt, John, Dunn, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, Finance Director Tom Bouthilet, City Planner Dillerud and Administrator Rafferty. I. AGENDA: ADD: 11C. December 21 Council Meeting M/S/P Dunn/John — to approved the December 7, 2004 City Council agenda as amended. (Motion passed 5-0). 2. MINUTES: November 16, 2004 M/S/P DeLapp/John - to approve the November 16, 2004 City Council minutes, as amended. (Motion passed 5-0), 1 PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inouiries: None B. Public Informational:Two Rivers Land TrustHcthebu C. Lake Elmo Library: Paul Ryberg, Friends of Lake Ehno Library, looked at other sites in Lake Elmo for a libr to Pat Conley, Washington County Library certain they will place a library in the City at are determined to have the librarymreksome The Mayor acknowledged C Engineer, regarding the barri 4. CONSENT=GL. A. Resolution No. 004-10tApProve Claims M/S/P Dunn/Johr -4,, adopt Resolution No. 2004-102 approving claim numbers 228, 229, DD285 through 293, 2640 through 26551, which were used for staff payroll dated November 24, 2044, claim 26496, 26552 through 26607 in the total amount of $231,482.52. (Motion passed 5-0), ported ashington County staff dmini‘ rator Rafferty stated he talked iw19 not:al she was absolutely ht lotion that is affordable, They 2005. which was passed onto the City B. Resolution No, 2004-103:Chairtable Gambling License — Maplewood Lions The Maplewood -Oakdale Lions is requesting its annual One -Day (February 7, 2005), Off -Site Gambling License to sell raffles and hold bingo at the Lake Elmo Inn. Staff is recommending approval of issuing the charitable gambling license. M/S/P Dunn/John - to adopt Resolution No. 2004-103, A Resolution Approving the Issuance of a Charitable Gambling License by the State of Minnesota to the Maplewood/Oakdale Lions. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES DECEMBER 7, 2005 C. 2005 Liquor Licenses Twin Point Tavern, Lake Elmo Inn, Tartan Park, Lake Elmo Banquet Hall, Machine Shed Restaurant have submitted their renewal liquor applications, the required fees and insurance certificates. M/S/P Dunn/John - to grant a 2005 On -Sale intoxicating liquor and On -Sale Sunday intoxicating license to 3M Club of St. Paul (Operator s of Tartan Park) and to the machine Shed Restaurant by Heart of American Restaurants and Inn; conditioned on approval by the Washington County Sheriff's Dept. (Motion passed 5-0). M/S/P Dunn/John - to grant a 2005 On -Sale intoxicating liquor Off -Sale intoxicating liquor, and On -Sale Sunday intoxicating liquor license to the Twin Point Tavern and Lake Elmo Inn; conditioned on approval by the Washington County Sheriff s Dept. (Motion passed 5-0). M/S/P Dunn/John - to grant a 2005 On -Sale intoxicating li ' e Sunday intoxicating license to River Valley Catering Inc., Lake Bimo Banquet l•-1.A11; conditioned on approval by the Washington County Sheriff s Dep Motion passe' ). 5. FINANCE: A. Resolution No. 2004-104:Capital Improvement Program The Finance Director provided the 2005-29 tpiti Improkment Program (CIP) for Council adoption. M/S/P John/DeLapp - to adopt R. • olutiOn No. 2004-104 Approving the 2005-2009 Capital Improvement Piograi (Motiontasd 50). B. Resolution No. 2OO4105:Adoption of Final 2005 Budget and Resolution No. 2054 levy The Finance DirectO,provided times resolutions for adoptions of the Final 2005 Budget and Levy. He reportbudget reflects a 12% increase in the levy which a major portion is attributed to ai ieeise in property valuations. The City impact on the increase was about .05%. Approximately 7% of the increase will be for repayment of debt service for the new city hall and public works facilities, 3% dedicated to the City's new forestry management program and the remaining portions of the increase are due to inflation. He said the total General Fund budget compared to the 2004 budget increased by 9% and there is some reductions in expenditures such as Fire pension, Planning and Legal accounts. M/S/P John/Johnston - to adopt Resolution No. 2004-105 A Resolution Adopting the 2005 General Fund Budget in the amount of $2,712,711. (Motion passed 5-0). M/S/P John/Dunn — to adopt Resolution No, 2004-106 A Resolution Adopting a Final Tax Levy in the amount of $1,923,989. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES DECEMBER 7, 2005 C. Resolution No. 2004-101:Waiver of Monetary Limits on Tort Liability The Finance Director reported the City obtains liability coverage through the League of Minnesota Cities Insurance Trust for building and vehicles and covers tort liability. Because of this coverage the City must decide whether or not to waive the monetary limits on municipal tort liability as established by Minnesota Statutes 466.04. If the City does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000 on any claim to which the statutory tort limits apply. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,000,000 on a single occurrence, The City Attorney recommended the City adopt a resolution stating;that the City does not waive the monetary limits on municipal tort liability. M/S/P Dunn/John - to adopt Resolution No. 2004-101 reedreeoiingThe clty does not waive the monetary limits on municipal tort liability. (Motion pass :70). 6. NEW BUSINESS 7. MAINTENANCE/PARK/FIRE/BUILDING. A. Update on Fire Department 46tivities: Fire hief Malmauist — NOT IN ATTENDANCE 8. CITY ENGINEER'S REPORT: A. Hidiway 5 Traffit Counts (Verbal) The Public Works Council cimnuttee rietoMmended approval of the City Engineer's request to support traffic counic 211g, work'on MN Hwy 5 immediately, prior to completed contract with Whmgtr County and MnDOT for work to study a potential Hwy 5 By-pass solutiOn. M/S/P DeLapp/John„,to approve payment of $4,100 for TKDA to accomplish a traffic count/planning stud5, (Motion passed 5-0), 9. PLANNING, LAND'USE AND ZONING: A. HEARING: Anneal of Administrative Determination — Chadoua Vue:Resolution No, 2004-107:Placim Accessory Buildinv In Front of Primary Structure (Not Adopted) The City Planner reported Chadoua Vue, 11991 30th Street N., constructed a structure on his property without a permit and it was located nearer a public street than the existing home —a violation of Section 300.13 Subd. 31. of the City Code. The Building Official notified Mr. Vue that either he remove the illegal accessory structure, or secure an "after - the -fact" building permit and relocate the accessory structure on his property to secure compliance with the above -cited code provision. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 7, 2005 4 Mr. Vue has appealed the Building Official's Order to the City Council (Acting as the Board of Adjustments and Appeals) and did so within the prescribed 5-day period. Mr. Vue is requesting an after -the -fact resolution of the Council permitting the accessory structure to be located closer to a public street than the home. Mr. Vue proposed three possible locations two of which #1 and #2 would require the City Council Resolution. The accessory structure is now located at Location #1, The Planner explained if the Council approves the request, the illegal accessory building location portion of the Building Official's order cease to be an issue for the Board of Adjustments an Appeals, with only the lack of a proper building permit remaining as an appeal issue. Council member Johnston stated he did not support allowing the .structure in a front yard. Council member John explained he visited the site and the buildding tmthqutetshteiorenairsentowt two dimension that is indicated on the Vue diagram. He also dpodintrte toufrorna the types of buildings there. One is a small metal building . e ac,.. property completely. Council member DeLapp noted that the buildinghfaisto, meet the building code, and placement in front yard has to be a rare circumstance, H. e6-asked if the building is 6' or less from the principal building because if the accessory is ' less from the principal building the accessory building would be considered as an integral,part of the principal building. .. The Building Official responded he would have gulation in connection with Mr. Vue's accessory structure. Attorney Filla explained this is a temporary were considering Location #1 wh Council member John suggestedIJ Mayor Hunt called the hearina 7: There was no one to spifor or agnst the request. Mayor Hunt closed, pu1iejearinat 7:48 p.m. M/S/P John/DeLap to postpone action on the location request until more information is provided regarding *ensign of the accessory structure, number of accessory structures, if the accessa4Ht aures are built according to the building code since no building permits were pullet and if the accessory structure is 6' or less from the principal building. (Motion passed 5-0.) asked the Council why they ing #2. to observe the structure. MJS/P John/Johnston — to affirm as the Board of Adjustment and Appeals, adoption of an Order for Vue to apply for a building permit, as amended. (Motion passed 5-0). Planner Dillerud noted this agenda item will be taken care of on the first meeting in January. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 7, 2005 5 B. PUBLIC HEARING: Vacation of 55' Street and Easements:Resolution No. 2004-107 The City Planner reported the Council conducted a public hearing on October 5, 2004 on a petition by several abutting property owners to vacate the portion of 55th Street North that was closed to traffic concurrent with the Carriage Station platting. The Council approved the vacation subject to a revised legal description, and staff meeting with the abutting property owners regarding details of easements to be retained by the City and related matters. The Finance, Legislative, and Personnel Committee of the Council reviewed the plan at its December lst meeting and recommended approval by the Council of the following: 1. Retention by the City of a 66 foot (width of the existing street'OW) drainage and utility easement (only). 2. Addition of a 20 ft trail easement on the centerline of the,prevlous street ROW, except south of the centerline to accommodate the two existing dri: ewa34'fOr property owners _ north of the former street. , . 3. Construction by the City of an 8- foot asphalt bikleiped in Spring, 2005. Standard permanent posts wouldb' (along with appropriate signage) to preclude all but bi 4, Vacation by the City of the existing drapagand u of the abutting Carriage Station Lots. The Council convened a public h the expanded legal description an with the 2O foot easement all at each end of he trail destrian use. asements platted at the rear approve the street vacation by line easement vacations. Attorney Filla asked who is i6-tha9.,:.:. a 6.-'66ats for drafting these easements. He further reported that ' sNon isiTered all <'Of 55th Street, west of Marquess was included in the plat,o?Carriage§tati*so all right-of-way reverts to the south upon vacation, --i- -4 Mayor Hunt called he heiiring to order at 7:57 p.m. Chip Longacre, 12058 55t1tIeet N., said if all of that property will revert to the southern property owner, then he would need an easement for his driveway. Attorney Filia said he would need a copy of the affected property owners' title insurances in order to proceed with the easements. The property owners would pay the costs or they could hire their own attorney. Gary Sloan, 12208 Marquess Lane N., asked if this change affects the trail location because the owners will own property on both sides of the trail. The City Planner responded the City would have to revisit this item. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 7, 2005 6 Nick Wohlers, 12114 Marquess Lane N., said he owns the last lot and the trail will come closer to his side. He plans on placing a fence there. Kathy Haggard, 12154 Marquess Lane N., asked about cost, Attorney Filla responded that someone has to figure out where the trail would be so there may be some survey costs or it could be simple and meander the line and then he would not need a centerline description. Each property owner was asked to bring in their title to city hall in order to convey the easement at total cost between $500-$600 total, split amongst the 12 property owners. Mayor Hunt closed the Public Hearing at 8:07 p.m. M/S/P Johnston/John - to adopt Resolution No. 2004-107 approving vacation of 55th Street North; vacation of certain drainage/utility easements; reserOlon to the City of a 66 foot drainage/utility easement and reservation to the City ofig(t0 foot trail easement. (Motion passed 5-0). M/S/P John/Johnston - to direct the City Administr, City of an 8 foot asphalt trail within the 20 foot trai in compliance with the proposed City's trail plan., Attorney Filla asked for the affected prope them the appropriate information. C. Resolution No, 200.44 Tapestry at Chariot* On October 5, 2004 the Courrei4 Preliminary Plat of the 172 acres. The City, I submitted Final that were attached and found those p1an1 to hold the Preserved 0 execute coituction by the f formerse Street North ssed 5-0). and Development Agreement for D velopment Stage Plan/CUP and hich consists of 67 single family lots on a site of Akith some minor reconfiguration of lot shapes, the omphesith theipproved Preliminary Plat, including conditions e City Erigi. eer reviewed all infrastructure construction drawings 'th City standards. The Minnesota Land Trust agreed asements on all of the large Preserved Open Space outlots. A proposed DeveloPMent Agreement was provided for Council review, Council member DeLapp commented that the City doesn't need a 26' road and asked if the road could be narrowed down to 22' wide. Council member Dunn said we should change the code and have options available rather than have one size fits all. M/No Second DeLapp/No Second — that the proposal consider the flat portion of the street be 22' wide and any slope portion beyond be something additional. Council member John and Dunn indicated this is not the time to change the street standard when we have a plat to approve, but staff could look into this. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 7, 2005 7 The developer said he was not opposed to the additional condition of prohibiting trees being cut within 50 feet of the south line of the plat unless approved by the Planner. Council member DeLapp complimented the developers on following the City's architectural guidelines. M/S/P John/Johnston — to adopt Resolution No. 2004-108, A Resolution Approving the Final OP Plan, Final Plat and Development Agreement of Tapestry at Charlotte's Grove, as modified to include a second conditions that no trees shall be cut within 50 feet of the south line of the plat unless approved by the City Planner. (Motion passed 5-0.) D. Resolution No. 2004-109 — Minor Subdivision and OP Final Plan Amendtnent:Dupuis/Engstrom This is an application for both a Minor Subdivision of an existin 3 acre parcel and a small Fields 11 Outlot into three new parcels; and the amenen jhe Fields of St. Croix II OP Final Plan to annex the newly created parcels. iv ofihe,new parcels would be OP -type Jots (3/4 acre), and were provided utility services in Lily Avenue North to which they will front in anticipation of this action Mihc itLture. The third new parcel would be the existing Dupuis homestead reduced to-,2, area. The Planning Commission recommended approval. MIS/P Dunn/Johnston — to approve Resolution to the Fields of St, Croix OP Final Plan to anilex for Dupuis/Engstrom. (Motion passed -0) 4: Council member John voic or buildings erected on the -,4-:Approving an amendment approving a Minor subdivision arcti C with two large oaks for driveways -s.said there is room for driveways, E. nte r The City Planne,:<fported that one coridition of the approval of he CUP and Section 520 Site Plan for the Pamily Entertainr)aent Center at 9200 Hudson Blvd. (Dolan Marine site) was that the app1icantnodify the exterior elevations of the two buildings to mute the appearance frofl\thathen proposed and return to the Council with those revised exterior elevations. 4f The applicant has submitted revised exterior elevation, staff dated December 2, 2004, proposing to significantly modify the exterior treatment of Building A and somewhat modify Building B. The applicant also submitted manufacturer information regarding color pallet was provided and handed out to Council. M/S/P DeLapp/John — to approve the exterior elevations for the Family Entertainment Center at 9200 Hudson Blvd. per plans staff dated December 2, 2004. (Motion passed 5- 0). Attorney Filla told the applicants that he still needs to see title to this property. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 7, 2005 8 F. Resolution No. 2004-110:Sale of Berschen Property (Property Rights) M/S/P Johnston/John - to adopt Resolution No. 2004-110, a Resolution Waiving Planning Commission Review and Authorizing Sale of the John Berschen property. (Motion passed 5-0). G. Bush Angle Parking The City Planner reported that Joe Bush requested this matter be tabled. M/S/P John/Johnston - to table this agenda item until more information can be provided. (Motion passed 5-0). Council member Dunn asked staff to look at some screening for the residents to the east. 4. CITY ATTORNEY'S REPORT: The City Planner submitted the Council a copy of the R1f6r a MiP1anner, 5. CITY ADMINISTRATOR'S REPORT: , A. Met Council Discussion/Negotiatio The City Administrator reported that discusSios between the City's negotiating team and the representatives from the Met Council has 's delayed to the elections. He , suggested sending a message that affiiiiis a t6 c'ntmue the negotiation process, and we communicate that to Peter Bell an om .eater. The team that has been ineetin, and the City Planner. Councihpi somewhat larger and should u rapport with everyqpi Johnston might caPtUlate to development northnorthf 10th Street ankhis staff consisted of Hunt, Rafferty, perDeLapp suggested that the new team be ,Council member Dunn who he thought has a good expressed his fears that Council member ncil's wishes specifically by permitting Council member Dunn concurred with DeLapp about the need for more vOiCes on the:ogotiating team. Council member Johnstontesponded he shares the same goals for Lake Elmo. He was willing to pursue in whatever direction the City Council wishes, Both Mayor Hunt and Council Member John offered Johnston their vote of confidence and said they would make themselves available for any further consultation. M/S/P John/Hunt — to establish the Met Council Negotiating Team consisting of Dean Johnston, Martin Rafferty, and Chuck Dillerud. ( Motion passed 4-1:DeLapp would like to include Council member Dunn on the negotiating team.) B. Lake Elmo Jaycees Donation M/S/P Dunn/John — to accept the Lake Elmo Jaycees donation and authorize expenditures for public purposes as designated by state law. (Motion passed 5-0,) LAKE ELMO CITY COUNCIL MINUTES DECEMBER 7, 2005 9 C. December 21" Council Meeting M/S/P Johnston/Dunn — to cancel the December 21" Council meeting unless an agenda item comes up that needs to be discussed at a special meeting. (Motion passed 5-0,) 12. CITY COUNCIL REPORTS: Council member Dunn thanked the crew for installing the holiday decorations as they look great. She suggested that at the next election cycle a local candidates night be held by either the Jaycees, League of Women Voters, or the Cable Commission, Council member John thanked the Council for supporting him for filling out the remainder of Chuck Siedow's Council seat. Adjourn the meeting at 9:20 p.m. Respectfully submitted by Sharon Lumby, City Clerk Resolution No. 2004-101 Waiver of Monetary Lim' Oh TorLiability Resolution No. 2004-102 Approve Claims Resolution No, 2004-103 Charitable Gambling LicensMap1ewood Lions Resolution No, 2004-104 Capital Improvenie Prograt Resolution No. 2004-105 Adopt Final 200513u Resolution No. 2004-106 Adopt Levy Resolution No, 2004-107 Vacatiowof 55th Stre' Resolution No. 2004-108 Final Plat foriapestrOt Charlotte's Grove Resolution No. 2004-109 Miat Subdivtsion andDP Final Plan Amendment:Dupuis/Engstroni Resolution No. 2004-110 Sale ofBrschen Property LAKE ELMO CITY COUNCIL MINUTES DECEMBER 7, 2005 10 MINUTES APPROVED: December 7, 2004 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 16, 2004 1, AGENDA 2. MINUTES: November 3, 2004 3. PUBLIC INQUIRIES/INFORMATIONAL: A. City Hall Option B. Appointment to City Council C. Lake Elmo Library 4. CONSENT AGENDA: A. Parks Commission Appointment B. Holiday Lights — Donation by Lake Elmo Jaycees C. Application for Delayed Payment of Special Assessment D. Resolution No. 2004-098:Approve Claims 5. FINANCE: A. Fee Schedule Amendment (WAC):Resolution/Ordinance will be distributed at meeting —Resolution No. 2004-100 Fee Schedule, Ordinance No. 97-143 Adopting Municipal Fees for Year 2004 B. Monthly Operating Report — Informational 6. NEW BUSINESS: 7. MAINTENANCE/PARKJFIRE/BUILDING: A. Update on Fire Dept. Activities:Chief Malmquist B. Update on Building Dept. Activities:Jim McNamara- NOT IN ATTENDANCE 8. CITY ENGINEER'S REPORT: A. Feasibility Study — Old Village Water Expansion Project. Report will be distributed at meeting 9. PLANNING, LAND USE 8.4. ZONING: A. Resolution No. 2004-099:Family Entertainment Center CUP B. Hearing: Board of Adjustrnent and Appeals:Rod and Diane Sessing 10. CITYATTORNEY'S REPORT: 11, CITY ADMINISTRATOR'S REPORT: A. Six Month Evaluation 12. CITY COUNCIL REPORTS: Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: John, Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, Building Official McNamara, City Planner Dillerud, Finance Director Tom Bouthilet and Administrator Rafferty. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 16, 2004 1. AGENDA Add 4B. Public Information:Council vacancy in January, 4C.0 da e on library facilities, 8B. Fee schedule, 11A. City Administrator 6 month evaluation M/S/P DeLapp/Dunn - to approve the November 16, 2004 City Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: November 3, 2004 M/S/P DeLapp/Johnston - to approve the November 3, 2004 City Council Minutes, as amended. (Motion passed 5-0). 3. PUBLIC INQUIRIES/INFORMATIONAL: A. City Hall Option The Council had previously considered a proposal to locate a new City Hall/Public Works and potentially Fire Station on the site of the present Lions Park. The proposal included a relocation of the Lions Ball Field to an alternative site in the Old Village. Neighboring residents were invited to comment at the August 31st workshop. Those attending the workshop expressed concerns and objections to the proposal. Those concerns/objectives were: 1. Concerns/objectives to the introduction of truck/equipment traffic related to the Public Works (and possibly Fire) facility. 2. Concern and objection to the loss of the ball field and park facilities at the present Lions Park location. Three basic concept sketches of a revised plan at Lions Park were prepared by staff and instructed at a Council Workshop. The Council directed invitations to the Lions Park neighbors to review and comment on an enhanced version of one of those concepts Terri Olsen, TKDA architect presented a revised proposal omitting both the public works and fire hall, keeping the ball field and off street parking for both it and the city hall. Tom Prew, TKDA, gave a summary of the proposed resolution to the existing drainage problems. Dave Faint, 3617 Laverne Avenue N., said he was still against changing the park and had concerns with the traffic, water problems, and the cost issue. Bill Wacker, 3603 Laverne Avenue N., thanked the outgoing council members for their service. He said the residents are willing to pay for something, but don't want to come back in 20 years and have to pay again. He questioned the dimensions of the ball field and Ms. Olson explained it has not changed in size. He said he did not like the setup and was concerned that balls from the field would strike City Hall or the cars in the lot and noted the picnic tables are missing. He said he thought the design tried to put too many services into too small a space and that the City would be landlocked and cannot expand. The residents go into different directions for retail and not downtown. The street is narrow to the point a truck and car cannot pass. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 16, 2004 2 E. Zetterlund, 2866 Legion Avenue N., said to forget this area and find somewhere else to build city hall. Bob Novak, 3311 Kraft Circle N., said to pursue the Brookfield 11 option where there is plenty of square footage. Walk-ins to city hall is not a factor, but geared to people inquiring about Lake Elmo. Bruce Beutel, 3590 Laverne Avenue N., said the traffic from the ballpark is o'k, but concerned that people will congregate at home plate. He thought this was a bad plan for that area. Todd Bruchu, Parks Commissioner, said the city is shoehorning a lot of facility into a small area and that the concession stand is in fair territory. The City has to keep in mind that Lions Park is a ball field with a batting cage in summer and skating/hockey rink with a warming house in the winter. Pastor Halass, Christ Lutheran Church, said the plan puts pressure on community, church, and ball field. The City never talked to the church council nor invited them to review the city's plan. The Pastor did come in to City Hall to discuss the options with the City Administrator. Todd Williams, 3025 Lake Elmo Avenue, said he would like to see more detail on the Brookfield 11 building site or on the current city hall site. The City was placing too much in a small space. He prefers the current location, Mayor Hunt reminded the residents this meeting did not have to be held. The Council was doing this because we do want the resident's opinions. Council member DeLapp stated if we listen to the people and they don't want this then we should look elsewhere. The entire proposal has to be looked at, such as, senior housing, shops. Council member Dunn said we should look at other sites. The current parcel of land was given to the City as a tax write off for a City Hall. Council member John commented that it was unfair to let the City Administrator out to dry. This plan addressed all the main points based on the reaction to the residents concerns on noise, traffic, and heavy equipment with a maintenance facility in downtown Lake Elmo, He didn't recollect anyone saying Lake Elmo city hall should not be there. The consensus of the Council was appreciative of the work done by staff, but was not in favor of going further with building a new city hall on the Lions Park site. B. Appointment to City Council The City will solicit applications, using a revised Planning Commission application, from the public for the council vacancy in order to fill the seat at the first Council meeting in January. The vacancy will be advertised in the newsletter and cable and applications can be obtained at City Hall. December 30th will be the deadline date for applications so that this information can be included in the January council packet. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 16, 2004 C. Lake Elmo Library Council member John reported he has discussed temporary facilities for the Lake Elrno Library with Jim Schug, Washington County Administrator, who said that in the 2005 Budget, the allocation of money to the total library systern is 4.9 million, of which $4.5 million come from taxes. Lake Elmo's share of this tax is 4.8% or $214,466. This covers more than the straight operating costs of a Lake Elmo library alone. He pointed out the problem facing the library staff and the County Library Board is the high depreciation they will face for the leasehold improvements. These are only expected to be needed for a three to a five year term, less if a City library facility is erected earlier. This is something that they could not justify as a responsible expenditure of public money without support from Lake Elmo. The question raised is whether the City is prepared to fund, wholly or partly, these leasehold improvements to enable the library to be resurrected. The City Administrator explained he had a phone conversation with Pat Conley, Washington County Library Director, concerning future plans for the proposed Lake Elmo Library site. She was not prepared with final details for a future site or Lake Elmo financial support request. She thought more information would be forthcoming by early December. Staff was asked to find out the procedure and timing for receiving the library taxes reallocated to Lake Elmo. Council members Dunn and Johnston heard between $90,000 and $130,000. The Council indicated they want a library in the City, asked to pursue a reasonable deal with Washington County, and would like to see the numbers. If nothing can be worked out, the City may consider going alone. Council John stated in order to advance the resurrection of the library, the director was going to come to a council meeting with a proposal. Veterans Day The City Administrator acknowledged Gloria Knoblauch's comment that the American flags weren't flown on the light poles in the City on Veterans Days. The Public Works will have a calendar showing dates the flags should be flown. 4. CONSENT AGENDA: A. Parks Commission Arrnointment The City received an application for an appointment to the Parks Commission from Rolf Larson, 11720 Little Bluestem Court, Lake Elmo. M/S/P Dunn/DeLapp — to appoint Rolf Larson a Commission. (Motion passed 5-0). e ber e Parks LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 16, 2004 4 B. Holiday Lights — Donation by Lake Elmo Jaycees The Lake Elmo Jaycees have donated $1,900 to purchase additional holiday lights. The holiday lights are three strands of lights with garland and red ribbon and will be located on Lake Elmo Avenue at three locations: Hwy 5 and CSAH17 (power pole to power pole), Bush Building (power pole to building) and Old Library Building (power pole to building). M/S/P John/Dunn — to accept the donation from the Lake Elmo Jaycees in the amount of $1,900 to purchase additional holiday lights and thank them for their continued generosity. (Motion passed 5-0.) C. Application for Delayed Payment of Special Assessment The Finance Director provided an application and authorization for delayed payment of tax on special assessment and a copy of the City Policy pertaining to hardship deferrals for special assessment. The resident is applying for deferral of the Hill Trail/50th Street reconstruction special assessment based on the age provision as outlined in the policy. M/S/P John/Dunn — to approve the application of resident at 8160 Hill Trail N. authorizing delayed payment of tax on Special Assessment of the Hill Trail/50th Street reconstruction special assessment. (Motion passed 5-0) D. Resolution No. 2004-098:Approve Claims M/S/P Joint/Dunn — to adopt Resolution No, 2004-098 approving Claim Numbers 226, 227, DD274 through DD284, 26415 through 26441, that were used for staff payroll dated November 10, 2004, Claim 26442 through 26497 in the total amount of $120,880.65. (Motion passed 5-0). 5. FINANCE: A. Fee Schedule Amendment (WAC):Resolution/Ordinance will be distributed at meeting The Finance Director provided a revised fee schedule reflecting an increase in the Water Availability Charge (WAC). With the rising costs in construction materials, i.e. steel, it has become apparent that the City will need to continue a close review of the fees charged. As outlined in the Water System Interconnection Feasibility Report, the new WAC rate is 53,000 from the current $1,700 and in line with most of what other communities are currently charging. The Public Works Council Committee has reviewed and approved the proposed fee schedule amendment and recommended it be presented to the Council for consideration. Attorney Filla prepared an ordinance and Resolution M/S/P John/Dunn — to adopt Ordinance No. 97-143 and Summary Setting Municipal Fees for Calendar Year 2004 and Summary. (Motion passed 5-0). M/S/P John/Dunn — to adopt Resolution No. 2004-100, A Resolution Regarding Municipal Fees for Calendar Year 2004. (Motion passed 5-0). The Truth 'it Taxation Hearing will be held on Monday, December 6, 7 p.m., at City Hall, LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 16, 2004 5 B. Monthly Operating Report — Informational 6. NEW BUSINESS: 7. MAINTENANCE/PARKJFIRE/BUILDING: A. Update on Fire Dept. Activities:Chief Malmquist — NOT IN ATTENDANCE B. Update on Building Dept. Activities:Jim McNamara The Building Official reported there are no residential or commercial new building permits issued for the October, 2004. He reminded residents to remove basketball hoops in the street and any obstructions, such as, rocks, boulders from the edge of the property so they are not in the way of snowplows. He alerted residents not to plug the fresh air line into the house and air to air exchangers. This information can be added to a future newsletter. 8. CITY ENGINEER'S REPORT: A. Feasibility Study — Old Village Water Expansion Proiect. Report will be distributed at meeting The City Engineer reported the Council has previously ordered a Feasibility Study to address the expansion of the Old Village water system west to Jamaca; construction of new elevated storage; connection of the Lake Jane system; and updates of Well #1. He said an early draft of the report was presented to the Public Works Committee on November 9, resulting in direction from the Committee regarding the proposal contained in the report for an increase in the City's Water Availability charge (WAC). Since Phase 1 of the project (extending water service to the Tapestry OP) was time sensitive the complete Feasibility report was brought to the Council. The Council decided it would not force current residents to hook into the water system if it is expanded in front of their property. The charges would be accessed, however, if the resident decided to hook into .the system. Proposed Project Schedule: Spring 2005: Water main completed to Tapestry Spring 2006: Phase II work complete. Phase III work begins (dependent upon new subdivision). Fall 2006: Phase IV work begins after elevated tank is completed. Spring 2007: Phase IV work, and project completed. Council member DeLapp said then we should not put "Lake Elmo" on the water tank, but "Lake Jane". The old tank can be kept up as a landmark. M/S/P DeLapp/John -accept Feasibility Report on Water Systems Interconnection dated November 16, 2004 prepared by Tom Prew, TKDA. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 16, 2004 6 M/S/P DeLapp/John - to authorize plans and specs for Phase 1 and schematics for Phase II. (Motion passed 4-1:Dunn —The report was just handed out at the meeting so she did not have to read it to get any questions she may have answered.) 9. PLANNING, LAND USE & ZONING: A. Resolution No, 2004-099:Family Entertainment Center CUP The City Planner repotted at its November 8 meeting, the Planning Commission reviewed the new application materials and adopted a recommendation for approval of both the CUP and the Site Plan based on the mandatory Findings (CUP) and subject to conditions which are stated in the approval Resolution. The Commission discussed the issues of off-street parking, fire sprinkling of the structures and the proposed new exterior surface treatments to the south building elevations. Council member DeLapp stated this is blatant example of a generous contribution from the council and planning commission and then the developer has proposed exterior appearances completely out of the character with the image of Lake Elmo with the proposed colors that could be seen along 1-94. There is an impact on the freeway and introduction to Lake Elrno. He observed that this is a "fun" color scheme, but it is horrible to represent the business park. Very few from Lake Elmo will come to use this facility. He suggested that it is necessary to require a new plan come back to the Council that is focused in that is inwardly and is not so out of character for this city. He said it was necessary to tone down the facade. Council member Dunn said it is a little lively and futuristic and will catch someone's eye. Council member John supported DeLapp's comments. Doug Larson said it will not be orange and purple and the colors will be muted down. The City Planner stated he preferred to table and get colors back to council for approval. Dave Herreid, architect, said the intent is to tone it down a bit and construction will be changed per a construction engineer who has some issues. He noted that this area of the City is not the Overland Park, Kansas business campus that Council Member DeLapp refers to. This proposed site redevelopment will be a vast improvement than what is there now. Attorney Filla suggested approval be subject to council approval of the site plan with revised exterior colors. He suggested revision of paragraph 4 to include demonstrating and including revised site plan for elevations before building permit is drawn. M/S/P Dunn/DeLapp — to adopt Resolution No, 2004-099, as amended (Paragraph #4 the amended site plan shall include the details for coloration of any proposed modifications to the exterior of the buildings, including wall surfacing, signage and lighting and elevations prior to issuance of a building permit.) approving a Conditional Use Permit LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 16, 2004 7 and Section 520 Site Plan for a Family Entertainment Center at 9200 Hudson Blvd. per plans staff dated November 16, 2004, based on the Findings and subject to the conditions recommended by the Planning Commission. (Motion passed 5-0) B. Hearing: Board of Adjustment and Anpeals:Rod and Diane Sessing Rod and Diane Sessing are appealing the City Planner's decision that their business was in violation of the city code. Rod Sessing explained it is a pet product sales business. He explained that Mrs. Sessing is a distributor or sells to pet stores and displays her products at pet expos or county fairs. She owns two trailsersl6 feet and 12 feet in length. Those trailers are used to both store and transport products, which she never sells on her property. Sessing explained that this business was brought to the attention of city staff when his brother and sister-in-law, Steve and Joan Zieitman, filed a complaint accusing the Sessings of having regular commercial deliveries made to their home. The City Planner wrote a letter to the Sessings requesting more information to which Rod Sessing confirmed they were running a business, but to their knowledge they were adhering to regulations by not having retail sales or employees. The Code Enforcement Officer/Building Official sent a cease and desist notice after finding the Sessings were in violation of the code that forbids home occupations in the Rural Residential zoning district. Rod Sessing stated that home businesses are more prevalent than the City may think and including his brother-in-law, who sells pumpkins and he runs a snowplowing business. He said according to their UPS driver he knows of over 100 homes in the city that store products for business. Sessing reported that they had 26 deliveries last year by UPS, and two semis with pallets. He stated that traffic is not a problem with just two occupants at the Sessing residence. He also stated that as someone drives by his house no one can see there is a business going on here. He reported that another neighbor came over to see his addition and when the neighbor was told Sessings ran a pet business, the neighbor said he was not aware of that fact. The City Planner explained its unclear why Home Occupation was not permitted in the Rural Residential district. He said he believes it was an editorial oversight. The City Attorney has researched City zoning ordinances back to the 1970's and found no evidence that any amendments to the Code to remove Home Occupation from the RR district were ever deliberately adopted. Council member Johnston said it appears that, essentially, the Sessings are running a warehouse. His concern is not necessarily the traffic, but the impact of warehousing in the residential areas. Mayor Hunt opened the Public Hearing at 9:26 p.m. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 16, 2004 8 Joan Ziertman agreed the City should make zoning consistent with Home Occupations permissible in all zoning districts. She said that the Sessing situation is a definite commercial business in a residential zone. She stated that people in Lake Elmo do not want to live next to high impact business. She said that the Sessings intend to get a website going and shipments will be going in and going out. This appeal should be denied because this home occupation should never be allowed on residential property. Steve Ziertman said he will stop his business from his home now that he knows his snowplowing business and selling of pumpkins is illegal as well. Ann Smith asked Rod Sessing who was the neighbor that responded he was not aware of Rod running a business. Sessing responded that it was Rick Engelsdorf, Mayor Hunt closed the Public Hearing at 9:40 p.m. Mayor Hunt recognized three letters the Council received from Deb and Neil Kreueger- 4452 Lake Elmo Avenue, Victoria and Bob Seifert and Jake & Beth Markoe -5694 Keats Avenue, regarding Home Occupations in Residential Areas, Council member John said the Sessing's pet business clearly is in violation of the code. Council member Dunn said she had no problem with home occupations in RR districts. Council member Johnston said it is clear the Sessing business does not comply with the code, and he object to stock -in -trade and warehousing as home occupations. Mayor Hunt said home occupations are so "gray", but we don't want people building warehouse or machine shops in their back yard for their business. The City needs to look at if with a legal home occupation that some inventory could be in the confines of their home. There is the possibility of licensing certain home occupations as the City of Maplewood does, and placing a percentage limit on business use in the home. M/S/P Dunn/John — that conducting a home occupation in the RR Zoning District is not permitted by the Lake Elmo Zoning Code and affirms the October 21, 2004 Notice of Violation and orders Rodney Sessing to cease any and all business activities located at 5699 Keats Avenue within 60 days of the date of this Order. (Motion passed 5-0.) M/S/P Johnston/John - to send the Home Occupation issues to the planning commission to consider home occupations in all zoning residential districts and whether the definition of Home Occupation should prohibit stock -in -trade and warehousing as it does today or to look at a percentage or sq.& calculation depending on area. (Motion passed 5- 0). Rod Sessing advised the Council that, as a Planning Commission Member, he will not sit as a Commission Member or vote on Home Occupation issues, though he may contribute comments during the meeting as a private citizen. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 16, 2004 9 The City Planner reported Home Occupations should be back for Council consideration by the end of January. 9. CITY ATTORNEY'S REPORT: 10. CITY ADMINISTRATOR'S REPORT: A. Six Month Evaluation Jim Brimeyer would like the Council to finish the City Administrator's Six Month Evaluation by late November and early December. The Council was asked to get back to Marty if it has strong objections to use Brimeyer's evaluation form vs. the city's evaluation form. The Mayor will contact Mr. Brimeyer to find out how he would like to proceed.. 11. CITY COUNCIL REPORTS: Council member Dunn pointed out the parking lot lights from Prairie Ridge on Highway 5 and Jamaca Avenue seem strange to her and more intense. The City Planner responded that the Building Official could check the height on these lights. Council member Johnston reported the AMM will be holding its review meeting on Thursday. On November 30th, Larkin Hoffman Attorneys will hold a seminar on Lake Elmo v. Metropolitan Council:Implications for Regional Planning. Planner Dillerud, Administrator Rafferty and Council members DeLapp and Johnston indicated they will be attending this seminar. Respectfully submitted by Sharon Lumby, City Clerk Resolution No. 2004-098 Approve Claims Resolution No, 2004-099 Family Entertainment Center CUP Resolution No, 2004-100 Fee Schedule Ordinance No. 97-142 Adopting Fee Schedule for Year 2004 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 16, 2004 10 P C A ATI N F AYCEE EE WHEREAS. the Lake Elmo Jaycees has been a vital part of the development of young leaders for our community Ibr the past 27 years; and WHEREAS. the Lake Elmo Jaycees has contributed to the betterment of his community through its involvement in such programs as Huff n Puff; and WHEREAS. the United States Junior Chamber of Commerce and its affiliated state and local organizations have set aside the third week in January to observe the founding of the organization in 1920: THEREFORE. 1, Dean Johnston. Mayor of the City of Lake Elmo. proclaim the week ofJanuary 16-22, 2005, as Jaycee Week and urge all citizens of our community to give full regard to the past and continuing service of the Jaycees. DATED this 4th day of January, in the year of Our Lord, Two Thousand Five. Dean Johnston. Mayor Lake Elmo City Council January 4, 2005 Agenda Section: PUB No. 2C. Agenda Item: 2005 OF A L AND FETING The Lake Elmo Board of Review will meet at City Hall on Wednesday. the 4'' of May. 2005. between the hours of 4:00 and 6:00. for the purpc.)se of reviews and correcting the assessment of said Real Estate .for the year 2005. The 2005 Assessment Report will be delivered to the City prior to our hoard meetim2. Action items: Announce May 4. 2005 as the date olthe 2005 Board of Review Attachments: Person responsible: S. Lunt by Time Allocated: Washington County RECEIVED MEMORANDUM Assessment, Taxpayer Services and Elections Department Kevin Corbid Director DATE: December 15, 2004 TO: Washington County City and Township Clerks FROM: Bruce Mutmeke, Washington County Assessor SUBJECT: 2005 LOCAL BOARD OF APPEAL AND EQUALIZATION/OPEN BOOK MEETINGS The tentative schedule for 2005 Board of Appeal and Equalization/Open Book Meetings is enclosed. The time frame in establishing dates for your Local Boards and Open Book meetings will be similar to last year. 1. Establish and distribute tentative schedules by December 20, 2004. 2. Allow thirty days for feedback from local jurisdictions to confirta or change tentative dates. Please call Betty Krueger with any date or time changes at 430-6105. . Establish and distribute the final Board of Appeal and Equalization/Open Book Meeting schedule by February 15, 2005. For those communities that offer their property owners an Open Book Meeting format, please recall that those property owners can attend any of the three Open Book Meetings held throughout the County. Along with the tentative meeting schedule you will find enclosed, two "Notice of Assessment" forms (one for Local Board Meeting and one for Open Book Meetings) that can used for publication purposes and two "Assessment Notice" forms (one for Local Board Meeting and one for Open Book Meetings) that can be use for public posting. Please recall the clerk must give published and posted notice of the Local Board Meeting 10 days before the date of the meeting. For those communities that offer their property owners an Open Book Meeting format please give published and posted notice on the Open Book Meetings 10 days prior to the first Open Book Meeting — the first meeting is scheduled for April 7, 2005. If you are interested in receiving either the "Notice of Assessment" and/or the "Assessment Notice" form(s) electronically let Betty- Krueger (651-430-6105) know your email address and those forms can be e-mailed to you. Government Center • 14949 62nd Street North — P.O. Box 6, Stillwater, Minnesota 55082-0006 Phone: 651-430-6175 • Fax: 651-430-6178 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action 2005 tentative meeting schedule Board of Appeal and Equalization & Open Book Meetings City/ Township West Lakeland Grey Cloud New Scandia Lakeland Oak Park Heights Pine Springs • Mahtomedi Baytown Stillwater Twp Grant May Afton Dellwood Derunark St Mary's Point Hugo Woodbury Forest Lake Lake Elrno Lake St Croix Beach Lakeland Shores Willemic Format Board Board Board Board Board Board Board Board Board Board Board Board Board 41f, Board Board Board Board Board Board Board Board Board Board D_a.y Monday Monday Tuesday Tuesday Tuesday Tuesday dnesda Tuesday Wednesday Thursday Monday Tuesday Tuesday nday Tuesday Tuesday Thursday Thursday Monday iFtSOVIe:4"S— -Mr Wednesday Thursday Thursday Monday .f1e,16feditipi0 1st meeting. April 4, 2005 April 4, 2005 April 5, 2005 Apiil 5, 2005 April 5, 2005 April 5, 2005 Aprll 6, 2005 April 12, 2005 April 13, 2005 April 14, 2005 April 18, 2005 April 19, 2005 Aptil 19, 2005 April 25, 2005 April 26, 2005 April 26, 2005 April 28, 2005 April 28, 2005 May 2, 2005 May 4, 2005 May 5, 2005 May 5, 2005 May2, 2005 Time 9-10 am 5:00-6:00 9-10 am 6:00-7:00 6:00-7:00 7:30-8:30 9-10 'am 51 5:00-6:00 4:00-5:00 5:00-6:00 6:00-7:00 9-10 am 5:00-6:00 5:00-6:00 4:30-5;30 6:30-7;30 10-11 am 7:00-8:00 May 11, 2005 7:00 6:00-8:00 4:00-6:00 6:00-7:00 7:30-8:00 5:30-6:30 Lake Elmo City Council January 4, 2005 nda Section: PUBLIC NFORMA1 ONAL No. 2D. Agenda Item: Employee and Volunteer Recognition Party Background Information for January 4. 2005: The Employee and Volunteer Recognition Party will be held at the Machine Shcd, Pavilion Room, on Friday, February 4, 2005. There will he Hors d'Oeurves (cash bar) al 6:00 p.m. with dinner at 7:00 p.m. The City will extend invitations to all employees, community volunteers and their spouses/guest to attend the Annual Recognition Party. Attachments: Person responsible: Slumby CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-001 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 230, 231, DD294 through DD305, 26608 through 26636, were used for Staff Payroll dated December 09, 2004 , Claim 232, 233, DD306 through DD315, 26637 through 26651 were used for Staff Payroll dated December 23, 2004, claims 26652 through 26699 in the total amount of $157,576.15 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 4th day of January, 2005, Dean A. Johnston Mayor ATTEST: Martin 1. Rafferty City Administrator FIVE 1,)' December 28, 2004 Mr. Martin Rafferty City of Lake Elmo 3800 Laverne Avenue Lake Elmo, MN 55042 Dear Mr. Rafferty: Please forward this letter of resignation to the Lake Elmo City Council. I am resigning from my position as Council Member effective upon the administration of the oath of office as Mayor of the City of Lake Elmo. It has been an honor serving Councilmember and I welcome the opportunity and challenge of serving as Mayor. It has been a privilege working with such a capable staff. I look forward to an even stronger working relationship. Sincerely, Dean A. Johnston Councilmember City of Lake Elmo /1 = CITY OF LAKE ELMO COUNTY OF WASHINGTON RESOLUTION NO. 2OOS 002. A RESOLUTION ACCEPTING RESIGNATION AND DECLARING VACANCY WHEREAS, Councilmember Dean Johnston has submitted his letter of resignation dated December 28, 2004 which indicates that his resignation will be effective upon the administration of his oath of office as Mayor of the City of Lake Elmo. NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council hereby accepts the resignation of Councilmember Dean Johnston and declares a vacancy in the Council seat held by Councilmember Dean Johnston, effective on the administrative of the oath of office to Dean Johnston as Mayor for the City of Lake Elmo. Date: . 2004 CITY OF LAKE ELMO ATTEST: By: Lee Hunt Mayor Martin Rafferty City Administrator FAusers\JaniceVlerry\LEIJohnston • Resolution Authorizing Resignation.doc Lake Elmo City Council January 4, 2005 da Section: Organizational "Meeting No. 4A. Agenda Item: Appointment Process for City Council and Commission Vacancies Mayor Elect Dean Johnston asked that a policy be prepared to establish the appointment process for Council and Commission vacancies. The intent of the policy is to provide consistency in the selection process for vacant positions. Commission vacancies will he filled using the following procedure: Interested parties should apply in period set by Council. Application period may be extended as determined by Council. 2. Council will conduct public interview of candidates as necessary. 3. Council will select appointee(s) from list of candidates. 4. Depending on the number of candidates, the council may eliminate applicants through a balloting process. This procedure must be established prior to starting the voting. Council vacancies less than two years) will be filled using the following procedure: Interested parties should apply in time period set by Council. Application period may be extended as determined by Council. 2. Council will conduct public interview of candidates as necessary, 3. Council will select appoinice(s) from list of candidates. 4. Depending on the number of candidates, the council may eliminate applicants through a hallo process. This procedure must be established prior to starting the voting. 5. Tie -breaking will be consistent with state law. Attachments: Person responsible: Martin Rafferty Citv Administrator Lake Elmo City Council January' 4, 2005 a Section: OR 'AN1ZATIONAL MEETING Agenda Item: Election of Acting Mayor Bacli!!round Information for Jan elan. 4. 2005 The Council must select an Acting Mayor to act on the City's behalf if Mayor Johnston is unable to attend a meeting, sign an agreement or attend functions on behalf of the City. Any member of the Council is eligible for this position, The following motion is offered for your consideration. Action Items: Motion Second Member as Acting Mayor for 2005. , to approve Council Pet -son responsible: Lake Elmo City Council January 4, 2005 Agenda Section: Organizational Meeting No. 4 C. da Item: Council Committee Appointments At the Council meeting on June 14111 of 2004, a vote to create Council Committees was approved. City Council voted that Council Committees should be created as follows: • Council members to suggest which committees they would prefer to be members. • Council members to suggest which committees they would prefer to be Chairperson. • A finalized slate of Committee Members and Chairpersons to be voted and approved by Council as a whole. At the City Council meeting on August l 7'1' 2004 Resolution 2004-075 modified the Council Committee structure in the following way: "any member of the City Council present at a committee meeting may sit as a committee member in the absence of a member". The purpose of the change was to assure committee meetings would occur and not be postponed. Mayor Elect Dean Johnston is recommendingCouncil Committees be organized for 2005 as foll OWS: Finance, Human Resources, Legislative Policy, PZ etc - Chair - Liz Johnson; Member - Anne Smith. Public Health and Safety - Chair - Anne Smith; member - t.b.d. after filling vacancy Public Facilities - Chair - Steve DeLapp; member - t.b.d. after filling vacancy Action: Person rcsponsible: A motion approving Committee Chairs and Nifembers Martin Rafferty City Administrator Attachments: Resolution 2004-075 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004-2 7 A RESOLUTION RELATING TO CITY COUNCIL COMMITTEES 1. WHEREAS, on June 1, 2004, the Lake Elmo City Council adopted Resolution No. 2004-073 establishing three. (3) City Council Committees; 2. WHEREAS, Resolution 206‘A7at required the City Council to further define the duties of the Council Committees. NOW, THEREFORE, be it resolved that the Lake Elmo City Council adopts the following procedures and regulations relating to the City Council Committees:. A. Number of Committees. There shall be three Council Committees: the Public Health and Safety Committee; the Public Works Committee; and the Finance, Legal, Legislative and Personnel Committee. Composition of Committees. Each Council Committee shall be comprised of two (2) council members appointed by the City Council; the Mayor;.and the City Administrator. The Mayor and City Administrator shall be ex - official members of the Council Committees. In the absence of an appointed council member, any other council member may, for a particular meeting, replace an absent council member. C. Chairperson, The Mayor shall appoint the chairperson for each of the Council Committees. D. Meetings. Council Committees shall schedule meetings for the second Tuesday of each month and the Council Committee meetings shall be held in the following general order: 1. Public Works — 5:30 p.m. 2. Public Health and Safety — 6:20 p.m. 3. Finance, Legal, Legislative and Personnel 7:10 p.m. E. Public Health and Safety Committee., The Public Health and Safety Committee shall consider and make recommendations relating to the fire department; the sheriff's department; animal control; environmental/special projects; and community improvement projects. F. Public Works. The Public Works Committee shall consider and make recommendations relating to public works operations; parks; maintenance of City equipment; construction, repair and improvements of other City facilities; and Old Village special projects. G. Finance, Leaal, Legislative and Personnel Committee. The Finance, Legal, Legislative and Personnel Committee shall consider and make recommendations relating to finance/budget operations; legal issues; human resources; planning/zoning and development; and human rights. Date: 4Lk5N-- n , 2004 CITY OF LAKE ELMO A E T: By: actin Rafferty City Administrator NueerWenice\JerrykLECouncti Committee Resolution.doc PUBLISHED IN THE SEPTEMBER 1, 2004 STILLWATER GAZETTE Lake 'Elmo City Council January 4, 2005 Agenda Section: ORGANIZATIONAL MEETING No 4E. Agenda Item: Appointment of Depositories for 2005 Background I n forma tio n for January 4, 2005 The staff recommends the designation of the following as official depositories fir the City: Lake Elm© Bank. Wachovia Securities. Smith Barney Citigroup. and Northland Securities. Person responsible: Action items: Motion Second to designate Lake Elmo Bank, Wachovia Securities, Smith Barney Citigroup, and Northland Securities for the 2005. Lake Elmo City Council January 4, 2005 Agenda Section: ORGANIZATIONAL MEETING .Agynda Item: ,,Appointment of City Engineer Background Information for January 4,2005 No 4F. Attached is a letter from Tom Prew expressing interest in reappointment as the City Enineer. Tom has provided a new schedule of billing rates. Should the Council consider going out for an RFP for the City Engineer appointment. staff suggests appointing Tom Prew/TK.D.A as the City Engineer for 90 days and direct staff to submit an RFP for t Engineer appointment. Person responsible: Action Items: Motion Second to appoint Tom PrewiTKDA as the City Engineer for 2005 OR To appoint Torn Prew/TKDA as the City Engineer for 90 days and direct staff to submit an RFP for the City Engineer appointment. TKDA ENGINEERS • ARCHITECTS PLANNERS December 9, 2004 Honorable Mayor and City Council City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 Re: Reappointment of City Engineer City of Lake Elmo, Minnesota TKDA Project No. 11979 Dear Mayor and City Council: RECEIVED DEL t J 20.14 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com At this time of year we like to review some of the items we have worked on with the City and projects we look forward to working on in the next year. In 2004, we assisted the City with: • Inspection improvements at Whistling Valley. • Architectural and planning for new buildings. • Comprehensive planning for infrastructure improvements in the Old Village. In 2005, we are looking forward to: • Construction of a watermain extension project, including a new water tower. • Design of a new City Hall and Public Works Building. • Completion of the TH 5 Bypass Study. • Assisting with the new Comprehensive Plan, City Council Action Requested • Reappoint TKDA as the City Engineer for 2005. Sincerely, Thomas D. Prew, P.E. Consulting City Engineer TDP:adh An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TKDA ENGINEERS • ARCHITECTS • PLANNERS RECE"E° December 9, 2004 Mr. Martin Rafferty City Administrator City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042-9629 Re: General Agreement for Continuing Services Dear Mr. Rafferty: 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Enclosed herewith is an updated Billing Rate Schedule dated January 1, 2005, for use with our Agreement dated February 2, 1988. This Schedule replaces the previous schedule that has been in effect since January 1, 2004. We appreciate the opportunity to be of service to the City of Lake Elmo. If you have any questions, please feel free to call me at 651/292-4463. Thomas D. Prew, P.E. Project Manager TDP:adh Enclosure cc: Richard Thompson, TKDA An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS • ARCHITECTS • PLANNERS SCHEDULE OF BILLING RATES ST. PAUL, MINNESOTA JANUARY 1, 2005 Classification Range of Hourly Billing Rates Director, Senior Registered Engineer, Architect, or Planner Engineering or Architectural Specialist II Engineering or Architectural Specialist I Registered Engineer, Architect, Land Surveyor, Planner, or Interior Designer Graduate Engineer, Architect, or Planner Technician III Technician II Technician I $ 99.00 to $ 190.00 $ 90.00 to $ 138.00 $ 60.00 to $ 110.00 $ 63.00 to $ 124.00 $ 46.00 to $ 52.00 to $ 41.00 to $ 27.00 to $ $ $ 94.00 75.00 58.00 44.00 In addition to the hourly charges, TKDA shall be reimbursed at cost for the following direct expenses when incurred in the performance of the work: 1 Travel and subsistence. (Mileage at current IRS Standard Rate per mile.) 2. Computer services. (Currently at $12.00 per hour of logged -on time.) Outside professional and technical services with costs defined as the amount billed TKDA plus 10%. 4. Identifiable reproduction and reprographic costs. * Rates effective until December 31, 2005. ** For hours worked over 8 hours per day or 40 hours per week, whichever is greater, individuals will be paid one and one-half times the above rates where required by Local, State and/or Federal Government Wage and Hour Regulations. Schedule 2750-S75 Lake Elmo City Council January 4, 2005 e da Section: ORGANIZATIONAL MEETING No 4C, Agenda Item: Appointment of City Attorney (Civil and Criminal) Back2round Information for January 4. 2005 The City has received verbal confirmation by Jerry Filia. Peterson, Fram & Bergman, for reappointment as the City Attorney,. for Civil and Criminal matters. Should the Council consider going out for an RFP for the City Attorney (Criminal or Civil) appointment, staff suggests appointing Jerry FillalPeterson, Fram & Bergman as the City Attorney for 90 days and direct staff to submit an RFP For the City Attorney appointment. Action I Motion Second to appoint Jerry Ella, Peterson, Fram & Bergman, as the City Attorney, both for Criminal and Civil matters, for 2005 OR To appoint Jerry Filla, Peterson. Fram & Bergman, as the City Attorney, both for Criminal and Civil matters, for 90 days and direct staff to submit an RFP for the City .Attorney appointment. Person responsible: Lake Elmo City Council January 4, 2005 nda S Ttio : ORGANIZATIONAL MEETING No 411. Agenda Item: Appointment of Financial Advisor 'Background Information for January 4. 2005 Paul Donna, Northland Public Finance Group, has been the City's Financial Advisor for 2004. Should the Council consider gong out for an RFP for the Financial Advisor appointment, staff suggests appointing Paul Donna/Northland Public Finance Group, as the City's Financial Advisor for 90 clays and direct staff to submit an RFP for the Financial Advisor appointment. Person responsible: Action Items: Motion Second . to appoint Paul Donna, Northland Public Finance Group, as the City's Financial Advisor for 2005 OR To appoint Paul Donna, Northland Public Finance Group, as the City's Financial Advisor for 90 days and direct staff to submit an RFP for the City's Financial Advisor appointment, Lake Elino City Council January 4, 2005 Agenda Section: ORG., NA IEETING No 41. : Appointment of Auditing Firm Background Information for .January 4, 2005 The City has received verbal confirmation from Steven R. McDonald, CPA: Abdo. Eick & Meyers, FLP, for their reappoinnnent as the City's Auditing Firm for 2005. Should the Council consider going out for an RFP for the City's Auditing Firm, staff suggests appointing Steven McDonald. Abdo. Eick & Meyers, LIT, as the City's Auditing Firm for 90 clays and direct staff to submit an RFP for the City's Auditing Firm. n responsible: Action Items: Motion Second . to appoint Steven R. McDonald. CPA. Abdo, Eick & Meyers, LLP as the City's Auditing Firm for 2005 OR To appoint Steven R. McDonald. CPA„Abdo, Eick & Meyers. LLP as the City's Auditing Firm for 90 days and direct staff to submit an RFP for the City's Auditing Firm. N'Iltvor 1)ean .fohnslon Cotuneilmembers Steve DellApp Liz Johnson Anne Smith o 4 .3. Agenda Section: Organizational Agenda Item: Planning Commission Appointments Date: January 4 2005 Background Information for January 4, 2005. 'Fliree: Planning Commission terms expired on December 31. 2004 (Ptacek, Sessing. and Schneider), Commissioners Todd Ptacek cold Rodney Sk:sssin have -formally requested reappointment for three-year terms (Attached). Charlie Schneider has verbally indicated his interest in reappointment, Motion Second , to reappoint Todd Ptaeek, Rodney Sessing, and Charlie Schneider to the Planning Commission for 3-year terms that will expire on December 31, 2007. Planning, Commissioner Liz Johnson became a City Cciuncilmember today. Commissioner Thomas Meldahl resigned his commission on December 13, 2004, He was First Alternate Member of the Planning Commission. The Planning Commission now has nine members and city code specifies eleven, Commissioner Ben Roth is currently 2h1 Alternate Member of the Planning Commission. With two vacancies. Ben Roth should become a Full Voting Member of the Planning Commission. taking the position vacated by Elizabeth Johnson with a term expiring December 31, 2005. Motion , Second , to appoint Ben Roth as Full Voting Member of the Planning Commission to finish a 3-year term that will expire on December 31, 2005. There are now two vacancies on the Planning Commission and four applications on tile. Three of those applicants have been interviewed by the previous council and one has not. The four applicants have been contacted and asked if they are still interested in serving on the Planning Commission, and they are. Staff requests direction for tilling the two Planning Commission vacancies. TODD PTACEK December 8, 2004 City of Lake Elmo 3800 Laverne Ave N Lake Elmo, MN 55042 Dear City Council and Staff, I would like to express my interest in serving another term as a planning commission member for the City of Lake Ehno. I would also like to formally request that I be considered for the upcoming vacancy on the City Council. I believe that my experience on the Planning Commission, my understanding of the current issues relevant to the city and my residency in a neighborhood south of 10th Street as well as living here most of my life uniquely qualify me, more than any other candidates, for service to the city in either capacity. In the event that I would be appointed to the Council, obviously I would resign my position on the Planning Commission. I look forward to your consideration and further discussion. Thank you for your attention in this matter. Sincerely, 7odd Peace 812 JULEP AVE N • LAKE ELMO • 55042 PHONE: 651-501-8319 • FAX: 651-501-1786 PTACEKT@NETZERO,NET 12-7-04 Dear City Council, I would like to serve another tern as a planning commission member for the City of Lake Elmo. We as a City have many challenges ahead of us. believe that with my experience and back ground I would be able to help the City in it's advancement through these tough times. Sincerely Rod Sessing THOMAS MELDAHL 242 Cimarron — Lake Elmo, Minnesota 55042 December 13, 2004 Dear Mayor, Council, and Chairman Helwig: Due to changes in my work, I now have to travel a great deal without notice and I will not be able to continue to serve on the Planning Commission. I appreciate the consideration you gave me over the summer and fall, I enjoyed working with all of you, and wish you success as you move forward with the Comprehensive Plan. Sincerely, Mel Thomas Meldahl Mayor Dean Johnston No. 41s: Agenda Section: ) -ganizational Comicilmcmbcrs Steve DeLapp Agenda Item: Parks Commission Appointments Liz Johnson Anne Smith Date: January 4, 2005 Background Information for January 4, 2005 Three Parks Commission appointments expired December 31, 2004. Commissioners Linda Wagner. TCITV Bouthilet, and Todd Bruchu have requested reappointment. Motion , Second , to reappoint Linda Wagner, Terry Bouthilet, and Todd Bruchu to the Parks Commission for 3-year terms that will expire on December 31, 2007. Commissioner Jim Lund has resigned from the Parks Commission due to a heavy work and school schedule. Ile hopes to he able to serve again in 2006. With his resignation. 2nd Alternate Commissioner Rolf Larson should advance to 1' Alternate Parks Commissioner Motion , Second , to appoint Rolf Larson as 1st Alternate_ of the Parks Commission. With these appointments, the Parks Commission will have nine Full Voting Members and one Alternate Meniber. There are no applications on file but staff continues to advertise openings on the web site and through press releases. December 20, 2004 Lake Elmo City Council 3800 Laverne Avenue North Lake Elino, MN 55042 Ladies and Gentlemen: SUBJECT: PARKS COMMISSION REAPPOINTMENT I would like to continue to serve as Patks Commissioner for the City of Lake Elmo for another term. With over four years of experience, I am now one of the veteran members of the current commission and I believe that my experience and knowledge will continue to be a benefit for the City of Lake Elmo. My main concern for the city parks is a balanced approach to the development and maintenance of our parks, playgrounds, ballfields, and trails. I believe our park system is an essential part of the quality of life we enjoy in Lake Elmo and that an experienced Patks Commission will be an important recommending body to City Council during the coming years of planning and development. Sincerely, Terry Bouthilet 10891 32ND STREET NORTH LAKE ELMO, MN 55042 Lake Elmo Parks Commission To: Lake Elmo City Council From: Todd Bruchu Date: December 12, 2004 Cc: Kimberly Schaffel I have served on the Lake Elmo Parks Commission for about one year. The term I am fulfilling will expire on December 31, 2004. I would like to continue to serve on this commission for another 3 year term. Thank You, Todd Bruchu 3150 Klondike Avenue Lake Elmo, MN 55042 Home: 770-3526 Work: 264-5056 Cell: 247-6354 Kimberly Schaffel From: Linda Wagner [bltwagner@prodigy.net] Sent: Wednesday, December 08, 2004 11:25 PM To: Kimberly Schaffel Subject: Re: Term expiring City Council: 1 would be very interested in serving on the Parks Commission for another term which is 3 years. Thank -you Linda Wagner Kimberly Schaffel <Kimberly.Schaffel@lakeelmo.org> wrote: Dear Commissioner: Your term on the Parks Commission expires on December 31, 2004, Please, send a letter or e-mail to me, addressed to the City Council, indicating whether or not you would like to continue to serve on the Parks Commission for three more years. Thank you! :) Kim Kimberly Schaffel City of Lake Elmo Have a GREAT day, Linda Lake Elmo City Council January 4, 2005 Agenda Section: ORGANIZATIONA EETING No 4L. Agenda Item: Community Improvement Commission Background Information for ,lanuary 4, 2005: The Community Improvement Commission shall he comprised of 7 members. Currently the members on e Commission are: Jill Anderson, Stacy Howieson, Debbie Lyzenga, Ciary Rieder, Anne Smith, and Joan • man. CIC member Anne Smith became a City Council member today so there are two vacancies on e Commission. The vacancies have been advertised and there are no applications on tile. Action Items: Council direction requested. Person responsible: S.Lumby Lake Elmo City Council January 4, 2005 Agenda Item: Agenda Section: ORGANIZATIONAL Cable Operator; Steven Press N. IT:Next Genesis O. Animal Control:Kathi Pelnar Background Information for January 4, 2005 ,N,O M. Cable Operator: Steven Press Staff recommends the re -appointment of Steven Press as the City's Part -Time Cable Operator. M/S to approve the reappointment of Steven Press as the City's Part -Time cable -operator at $13.50 Hr. for taping and broadcasting city meetings. N. IT:Next Genesis Staff recommends the reappointment of Next Genesis (William Keran) as the City's computer service contractor. M/S to approve the reappointment of the computer service contract between the City and Next Genesis (William Keran). O. Animal Control:Kathi Pelnar Kathi Pelnar has been serving as our Animal Control Officer for 2004. An animal control service contract and a fee schedule (identical to 2005) have been provided. M/S to approve the Animal Control Contract between the City and Kathi Pelnar to provide Animal Control Services for 2005. Action Items: Person res sible: S. Lumby INDEPENDENT CONTRACTOR AGREEMENT BY AND BETWEEN CITY OF LAKE ELMO AND STEVEN PRESS 1.0 PARTIES. THIS INDEPENDENT CONTRACTOR AGREEMENT (this "Contract") is dated the 4th day of January, 2005, and is made and entered into by and between the CITY OF LAKE ELMO, a Minnesota statutory city (the "City") and STEVEN PRESS ("Press"). 2,0 CABLE EQUIPMENT. The City is the owner or lessee of certain cable equipment described on Exhibit "A" attached and incorporated (the "Cable Equipment"). 3.0 SERVICES TO PROVIDED, The City cable casts its regular City Council and Planning Commission meetings and on occasions, additional meetings of the City Council and Planning Commission. Press agrees to operate the cable Equipment in order to facilitate the cable cast of the City's meetings. 4.0 FEES. The City agrees to pay Press the sum of $13.50 per hour and agrees to guaranty a minimum of 4.0 hours per City Council, Planning Commission or other City meeting, which is cable cast. Payments will be made to Press within thirty (30) days of receipt of an invoice for such services. 5.0 TERM AND TERMINATION OF CONTRACT. This Contract is effective beginning the 4th day of January, 2003, and shall remain in effect until it is terminated. Either party may cancel this Contract upon thirty (30) days written notice to the other. 6.0 INDEPENDENT CONTACTOR. Press agrees to act as an independent contractor in the performance of his duties under this Contract. Accordingly, Press shall be responsible for the payment of all taxes, including federal, state and local taxes arise out of Press's activities in accordance with this Contract, including by way of illustration, but not limitation, federal and state income tax, social security tax, unemployment insurance taxes and any other taxes or business license fees, as required. 7,0 ENTIRE AGREEMENT. This Contract represents the entire agreement between the parties and is not subject to change or modification, except by written agreement signed by both parties. Dated: Dated: IN WITNESS WHEREOF, the parties have hereunto set their hands. CITY OF LAKE ELMO By: By: Dean Johnston, Mayor Steven Press EXHIBIT "A" LIST OF CABLE EQUIPMENT 'fN INDEPENDENT CONTRACTOR AGREEMENT BY AND BETWEEN CITY OF LAKE ELMO AND NEXT GENESIS 1,0 PARTIES. THIS INDEPENDENT CONTRACTOR AGREEMENT (this "Contract") is dated the 4th day of January, 2005 and is made and entered into by and between the CITY OF LAKE ELMO, a Minnesota statutory city (the "City") and NEXT GENESIS. 2.0 COMPUTER EQUIPMENT, The City is the owner or lessee of certain computer equipment described on Exhibit "A" attached and incorporated ("Computer Equipment"). 3.0 SERVICES TO PROVIDED, NEXT GENESIS agrees to provide maintenance service for the Computer Equipment during the term of this Contract. The maintenance service includes: A. Regular preventive maintenance as required, but not less than once every (3) Three Months. B. Unscheduled service calls, as required; and C. Repairs or replacement of maintenance parts as required to keep the Computer Equipment in good working order. 4.0 EXCLUSIONS. The maintenance service provided in accordance with this Contract shall not include: A. Work external to the computer; B. Service, repair or replacement of parts caused by the City's negligent, accident, misuse or movement of the computer, including power failures, environmental conditions or other causes not attributed to the Computer Equipment itself; C. Moving, modifying or attaching other devices to the Computer Equipment; D. Replacement of consumable items, such as ribbons, paper, and disks; E. Service required due to attachments of other devices to the Computer Equipment; and F. Service required due to the use of devices or materials which are not suitable for use with the Computer Equipment. 5.0 CITY RESPONSIBILITIES. The City shall; A. Provide a clean operating environment of suitable temperature and humidity for the Computer Equipment; B. Use only attachments and supplies which are compatible and suitable for use with the Computer Equipment; C. Notify NEXT GENESIS of any computer malfunction requiring service; D. Allow NEXT GENESIS to have free and full access to the Computer Equipment in order to provide service; and E. Arrange to have a City representative present while the Computer Equipment is being serviced. 6.0 FEES. The City agrees to pay NEXT GENESIS the sum of $75.00 per 1/Hour services provided in this Contract. The payments will be made within thirty (30) days of receipt of an invoice from NEXT GENESIS. 7.0 TIME FOR SERVICE. NEXT GENESIS agrees to provide service in accordance with this Contract during normal working hours. 8.0 LIMITATION OF LIABILITY. NEXT GENESIS' liability shall be limited to servicing the Computer Equipment in accordance with this Contract. NEXT GENESIS will not be liable for any consequential or special damages. 9,0 INDEPENDENT CONTRACTOR. NEXT GENESIS shall act as an independent contractor in the performance of his duties under this Contract. Accordingly, NEXT GENESIS shall be responsible for payment of all taxes, including federal, state and local taxes arising out of services rendered by NEXT GENESIS pursuant to this Contract, including by way of illustration, but not limitation, federal and state income tax, social security tax, unemployment insurance taxes and any other taxes or business license fees as required. 10.0 TERM AND TERMINATION OF CONTRACT. This Contract is effective beginning the 1st day of January, 2005 and shall remain in effect until it is terminated. Either party may cancel this Contract upon thirty (30) days written notice to the other. 11.0 ENTIRE AGREEMENT. This Contract represents the entire agreement between the parties and is not subject to change or modification, except by written agreement signed by both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands. Dated: Dated: FAusers\LORNerrykLE1Kern Contract.wpd CITY OF LAKE ELMO By: Dean Johnston, Mayor WILLIAM KERAN, NEXT GENESIS EXHIBIT "A" LIST OF COMPUTER EQUIPMENT City of Lake Elmo Contract Animal Control THIS AGREEMENT made this 4th day of January , 2005 by and between Kathi Pelnar (hereinafter referred to as "Contractor"), and the City of Lake Elmo, a municipal corporation located within the County of Washington and State of Minnesota (hereinafter referred to as "City"). WITNESSETH: In consideration of the covenants and agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: . This agreement shall be effective as of January 4, 2005 , and shall continue in effect until December 31, 2005 , unless otherwise cancelled pursuant to Paragraph 15 hereof. 2. Contractor shall provide services in accordance with the attached schedule (ANIMAL CONTROL PROPOSAL). Contractor agrees to patrol the public streets of the City in a vehicle designated for transportation of small animals. Contractor shall be directly responsible to the City Administrator for the City. Contractor further agrees to ensure service and maintain said equipment in good working order. . Any call out after the Contractor's scheduled work day shall be paid at the rate specified within the attached schedule (ANIMAL CONTROL PROPOSAL). All patrolling shall be done by the Contractor unless other personnel have been approved by the City Administrator for the City, to perform such services at the Contractor's direction and under her supervision. For regular patrol, in the manner provided within Paragraph 2 above, the Contractor shall be provided payment by the City in the amount prescribed within the attached schedule (ANIMAL CONTROL PROPOSAL). Such payment shall be due and payable after the Contractor has provided the monthly report to the City of Lake Elmo Animal Control Contract City in the manner specified within Paragraph 7 hereof. 4. The Contractor shall provide liability insurance on her automobile and shall provide her own automobile for purposes of supplying the services provided under the terms of this contract. . The City authorizes the Contractor to apprehend and retain dogs and other animals, and/or issue citation tags for violations of the City Ordinances related thereto. However, the Contractor shall not invade private property contrary to the wishes of an owner of said property nor forcibly take an animal from any person without the approval and assistance of a Peace Officer of the City. The Contractor shall respond as soon as practicable to any call, reported during service response hours involving a bite case or injured animal reported through the Sheriff's Department or the offices of the City Clerk of the City. 7. The Contractor shall provide a monthly report to the City which indicates the hours patrolled, the number of animals impounded, warning letters and violation notices issued, and any other such information as requested by the City Administrator for the City. . All animals impounded shall be kept at a licensed animal shelter facility to be designated by the City for this purpose. While in her custody, Contractor agrees and warrants that all animals impounded shall be kept in a comfortable and humane manner. It is mutually agreed that the Contractor may temporarily board at an emergency facility access and/or treatment that is not immediately available at the contract facility. All captured wildlife is to be delivered to an appropriate wildlife center as determined by the Contractor with report to be provided to the City Administrator for the City. 9. The Contractor shall supply her own automobile and equipment necessary for Animal Control Services as may be determined by the City Administrator for the - City. The Contractor shall also supply a copy of her automobile and general liability insurance -2- City of Lake Elmo Animal Control Contract policy to the City Clerk for the City annually. The city, through the offices of the City Clerk, shall administer all licensing, impounding and boarding fees and charges as may be provided by the City Ordinances. The Contractor shall furnish monthly reports to the City as may be required to allow the City Clerk to determine appropriate impound fees in connection with each animal so impounded. 10. The City shall furnish to Contractor any special forms or receipt forms specified within the Ordinance and adopted by the City Administrator for the City. Contractor shall keep all records of all animals impounded, together with a description of each animal, in a manner specified by the City Administrator. 11.Attached hereto is a list/schedule of fees, charges and service performance criteria. The same is incorporated by reference herein. 12. The Contractor shall assume all liability for all harmed animals due to her negligence or that of her employees, in not properly caring for same, and agrees to defend all lawsuits arising there from. The Contractor agrees to defend and indemnify and hold the City harmless, including its officers, employees, or agents, from any and all claims, suits, losses, damages, or expenses on account of bodily injury, sickness, disease, or death and of property damage including injury to animals as a result of, or alleged to be as a result of the Contractor's Animal Control Operation. 13. The Contractor agrees that during the period of time of this Contract, she will not, within the State of Wisconsin or elsewhere, discriminate against any employee or applicant for employment, because of race, color, creed, sex, national origin, or ancestry, and will include a similar provision in all subcontracts entered into for the performance hereof. This paragraph is inserted into the Contract to comply with the provisions of Wisconsin State Statutes. City of Lake Elmo Animal Control Contract 14.Either party hereto may cancel this Contract after thirty (3D) days written notice thereof to the other party. 15. It is understood and agreed that the Contractor is not an employee of the City but is an Independent Contractor, solely responsible for her own payment of federal, state and Social Security withholding taxes. Further, the Contractor provides her own equipment excepting for some equipment that may be made available for her use by the City in its discretion. The Contractor at no time shall hold herself out as an employee of the City but will always identify her as an Independent Contractor. 16.The City shall provide to the Contractor the following materials: a. Map of the City, b. Monthly list of animal licenses, c. Copy of City animal control laws, d. Police contact procedures, e. City Hall hours, f. Any required identification signs, g. Description of animal licensing fees and procedures. CONTRACTOR: By: Kathi Pelnar CITY OF LAKE ELMO: By: By: Mayor City Clerk 4 City of Lake Elmo Animal Control Contract ANIMAL CONTROL FEE SCHEDULE Kathi Pelnar 634 6th Street North Hudson, Wisconsin 54016 (715) 386-7789 (612) 534-7510 Pager Service response on calls, 7:30 a.m. to 7:30 p.m. Will respond to emergency calls 7 days per week after scheduled hours. Mileage will be billed at current government rate. (Currently 40.5 cents per mile.) Fee per service response/per animal picked up $45.00 +Mileage Dry Run (Called out, no animal found)............... $45.00 +Mileage Overnight Kenneling Fee (Subject to MN and WI Law).. $15.00 After hours call out fee (Any call after 8 p.m. and before 7:30 a.m. in winter, and after 9 p.m. and before 7:30 a.m. in summer) Additional: .$20.00 Patrolling Fee (Per one hour of patrolling) $30.00 +Mileage Service Retainer $250.00/6 months (Due February and August) Any reasonable emergency veterinary charges if impounded/picked up, and the animal's owner is not located. Should an unusual situation occur, fees can and will be reasonably adjusted to fit the situation. In situations where many animals are in need of relocation (e.g., 10 cats at once) special arrangements will be made. Any holiday calls will be charged at the additional after hours call out fee. ($45.00 plus $20.00 after hours fee plus mileage). Holidays observed will be Christmas Eve after 6:00p.m. Christmas Day, New years Day, July 4th, and Thanksgiving. /1CORR, CERTIFICATE OF LIABILITY INSURANCE PRODUCER Quality Insurance Service 1648 Rice Street St, Paul, MN 55117 INSU RED PELNAR, KATHLEEN 634 6th St, N Hudson, 'WI 54016 COVERAGES DATE (MMiOD/YYYYI 04/13/2004 THIS CERTIFICATE IS ISSUE.) , IlnATTEA OF: INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE iNsuRER A:Northfield Insurance Co. INSURER B: INSURER 0: INSURER Di INSURER E: NAIC # THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT, TERM ORCONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS -OF SUCH POLIOI ES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, Trmrc AwoL POLICY EFFECTIVE POUCY EXPIRATIOly LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DO/YY) DATE (MM/DD/YYI . LIMITS GENERAL LIABILITY EACH OCCURRENCE 4 500, 000. A X COMMERCIAL GENERAL LIABILITY MCK252056 04/17/2004 ,04/17/2005 PREMISES Iy ra.s, E_ _INcCutiLjencej $ ------1 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 1, 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- f JEcT Loc AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIASILITY OCCUR. ;CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERSLIABILITY ANY PROPRiETOR/PARTNEFUEXECUTIVE OFFICEPJMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER PTtON OF OPERATIONS I LOCATIONS I VEHICLES/ EXCLUSIONS ADDED BY ENDORSE CERTIFICATE HOLDER City of Lake Elmo '0 Laverne Ave. Elmo, MN 55042 "ACORD 25 (2001/08) PERSONAL & ADV INJURY $ 500, 000 GENERAL AGGREGATE 500, 000 PRODUCTS - CONIP/OP AGG $ 500, 000 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT EA ACC AGO OTHER THAN AUTO ONLY: EACH OCCURRENCE AGGREGATE vii,ipL- TORY LIMITS E.L. EACH ACCIDENT I EL. DISEASE - EA EMPLOYEE EL. DISEASE - POLICY LIMIT TISPECIAL PROVISIONS CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIV AUTHORIZED RPREENTAT1VE ACORD CORPORATION 1988 DRAFT STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO I, Dean Johnston, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Minnesota, and that I will faithfully and impartially discharge the duties of the office of Mayor of the City of Lake Elmo of the County of Washington, to which I have been elected, to the best of my knowledge and ability, so help me God. Dean A. Johnston Subscribed and sworn to before me this 4th day of January, 2005. Sharon L. Lumby, City Clerk City of Lake Elmo (Seal) 3 DRAFT 3 A STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO I, Liz Johnson, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Minnesota, and that I will faithfully and impartially discharge the duties of the office of Council Member of the City of Lake Elmo of the County of Washington, to which I have been elected, to the best of my knowledge and ability, so help me God. Liz Johnson Subscribed and sworn to before me this 4th day of January, 2005. Sharon L. Lumby, City Clerk City of Lake Elmo (Seal) D AFT STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO I, Anne Smith, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Minnesota, and that I will faithfully and impartially discharge the duties of the office of Council Member of the City of Lake Elmo of the County of Washington, to which I have been elected, to the best of my knowledge and ability, so help me God. Anne Smith Subscribed and sworn to before me this 4th day of January, 2005. Sharon L. Lumby, City Clerk City of Lake Elmo (Seal) CITY OF LAKE ELA-10 WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-004 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 26700 through 26727, 234 in the total amount of S5,059.89 are hereby approved. ADOPTED, by the Lake o City Council on the 4`h day of January, 2005. Dean A. Johnston Mayor ATTEST: Martin J. Rafferty Cit ! Administrator Accounts Payable Computer Check Proof List -User: administrator Printed: 12/30/2004 - 9:29 AM Invoice No Description Vendor ACEHARD Ace Hardware 02138239 Chrismas Lights Fuses Check Total: Vendor:AMPLAN American Planning Association 120504-126582 Annual Due Check Total: i[111111111111111111 I 1111,111111111 111111 111111111 1111 III Amount Payment Date Acct Number Reference Check Sequence: 1 ACH Enabled: No 28.73 01/04/2005 101-430-3100-44030 28.73 Check Sequence: 2 ACH Enabled: No 190.00 01/04/2005 101-410-1910-44330 190.00 Vendor ARAM Aramark Check Sequence: 3 ACH Enabled: No 629-5614966 Linen City Hall 46.68 01/04/2005 101-410-1940-44010 Check Total: 46.68 Vendor:ARAMAU ARAMARK Check Sequence: 4 ACH Enabled: No 55658753-2 Uniform Shirts 78.87 01/04/2005 101-420-2400-44170 Check Total: 78.87 Vendor. ATTIVI AT&T Wireless 023-2750230 Fire Dept Floater Phone Check Total: Check Sequence: 5 ACH Enabled: No 20.41 01/04/2005 101-420-2220-43210 20.41 Vendor:AVAYA AVAYA Inc. Check Sequence: 6 ACH Enabled: No 2720119025 Monthly Telephone Maint. 150.36 01/04/2005 101-410-1940-44040 Check Total: 150.36 Vendor.BIFFS Biffs Inc. Check Sequence: 7 ACH Enabled: No W244189 Portable Toilets - Sunfish Park 70.26 01/04/2005 101-450-5200-44120 Check Total: 70.26 II 11 11 1 AP - Computer Check Proof List (12/30/2004 - 9:29 AM) Page 1 Invoice No VendorCARQUEST D365731 D365780 D366322 Vendor:CENTPOW 300876 VendorEMAUTO BC122204-1 PF120804-2 Vendor:FREDS • 417768 418085 Vendor GENESIS IVC00233 VendorNEXTEL 761950227-021 761950227-021 761950227-021 761950227-021 Vendor:POLFUS 1080155 Description Car Quest Fuel Line Air, Fuel Filters, El. Pump, Adapters Alternator - Fire Dept. Check Total: Century Power Equipment Screws, Allen Wrehcnes - Parks Check Total: EmergencyAutomotive Technology Inc. Switches, Bulbs - Public Works Repair - mount - Public Works Check Total: Fred's Tire Tire Repair Tire Repair - Bldg Dept Truck Check Total: Next Genesis Productions Software Updates Check Total: Nextel Communications Wireless Service - MR and Office Wireless Service - Bldg. Dept_ Wireless Service - Public Works Wireless Service - Parks Check Total: Polfus Implement, Inc Cylinder - Parks Check Total: Vendor:RAMWACAB Ramsey/Washington Suburban 4-07 DVD Recorder, Control Interface Check Total: Amount Payment Date Acct Number 19.13 01/04/2005 281.04 01/04/2005 162.73 01/04/2005 462.90 Check Sequence: 8 101-430-3100-42210 101-430-3100-42210 101-420-2220-42210 Check Sequence: 9 4.84 01/04/2005 101-450-5200-42210 4.84 69.76 01/04/2005 323.41 01/04/2005 393.17 25.32 01/04/2005 25.28 01/04/2005 50.60 112.50 01/04/2005 112.50 75.80 01/04/2005 3158 01/04/2005 48.87 01/04/2005 16.29 01/04/2005 173.54 Check Sequence: 10 101-430-3100-42210 101-430-3100 '11040 Check Sequence: 11 101-430-3100-44040 101-420-2400-44040 Check Sequence: 12 101-410-1520-43180 Check Sequence: 13 101-410-1940-43210 101-420-2400-43210 101-430-3100-43210 101-450-5200-43210 Check Sequence: 14 221.05 01/04/2005 101-450-5200-42210 221.05 421.04 01/04/2005 421.04 Check Sequence: 15 101-410-1320-43620 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 (12/30/2004 - 9:29 AM) Page 2 Invoice No VendorReserve 20313037 Vendor:RUD 12/20-12129 12/21-12/30 VendorS&T 01106236 Vendor SPRINT 0526076028-3 Vendor: STILLFOR 277503 Vendor:SITLLGAZ 00003852 00004006 00004007 00004015 00004024 Vendor.STPAUL 51393 Vendor:TASCH 35149 Description Pitney BowesReserve Account Postage - Reserve Account Check Total: DianePrince-Rud Cleaning City Hall Cleaning Fire Hall Check Total: S&T Office Products, Inc. Name Plates Check Total: Sprint Fire Dept - Wireless Check Total: Stillwater Ford Power leak test - Fire Chiefs car Check Total: Stillwater Gazette Legal Publishing - Legal Publishing - Legal Publishing - Legal Publishing - Legal Publishing - Check Total: Variance Hearing Public Hearing Public Hearing Public Hearing Public Hearing St Paul Stamp Works, Inc. Animal License Tags, Links Check Total: T.A. Schifsky & Sons Winter Asphalt Check Total: Vendor:UMCONTED U of M Continuing Education 912996 Certification Training - Karl Horning Amount Payment Date Acct Number Check Sequence: 16 500.00 01/04/2005 101-410-1320-43220 500.00 240.00 01/04/2005 240.00 01/04/2005 480.00 93.99 01/04/2005 93.99 Check Sequence: 17 101-410-1940-44010 101-420-2220-44010 Check Sequence: 18 101-410-1320-42000 Check Sequence: 19 56.22 01/04/2005 101-420-2220-43210 56.22 29.44 01/04/2005 29.44 33.60 01/04/2005 25.20 01/04/2005 25.20 01/04/2005 46.20 01/04/2005 25.20 01/04/2005 155.40 Check Sequence: 20 101-420-2220 11040 Check Sequence: 21 101-410-1320-43510 101-410-1320-43510 101-410-1320-43510 101410-1320-43510 101-410-1320-43510 Check Sequence: 22 76.23 01/04/2005 101-420-2700-44300 76.23 Check Sequence: 23 80.51 01/04/2005 101-430-3100-42240 80.51 Check Sequence: 24 200.00 01/04/2005 101-420-2400-44370 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 ACH Enabled: No AP - Computer Check Proof List (12130/2004 - 9:29 AM) Page 3 Invoice No 912997 Vendor:Valley T 31637 Description Certification Training - Jim McNamara Check Total: Valley Trophy Inc. Plaques - Cotmcil Check Total: ° Vendor:WASCOUNT Washington County 43469 Share Ballot Cost Check Total: Vendor:WASH-REC Washington County 12/22/2004 Appl. Fee - Appr. for Tax -Forfeited Land Check Total: Vendor.XCEL Xcel Energy 0073-736-544351 3014 Jamley Ave N 0375-213-608 3585 Laverne Ave N 2175-049-940328 3511 Laverne Ave N Check Total: Total for Check Run: Total Number of Checks: Amount Payment Date 160.00 01/04/2005 360.00 479.04 01/04/2005 479.04 54.73 01/04/2005 54.73 26.15 01/04/2005 26.15 23.69 01/04/2005 139.32 01/04/2005 80.22 01/04/2005 243.23 5,059.89 28 Acct Number Reference 101-420-2400-44370 Check Sequence: 25 101-410-1110 /4300 Check Sequence: 26 101-410-1410-44300 Check Sequence: 27 101-410-1320-44300 Check Sequence: 28 101-430-3160-43810 101-410-1940-43810 101-450-5200-43810 ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (12/30/2004 - 9:29 AM) Page 4 MONTH Jan Feb March April May June July Aug Sept Oct Nov Dec 11135 Administration $1,320.75 $1,353.00 $2,721.92 $2, 346.98 $2,029.36 $2,388.61 $1,600.00 $4,501.98 $4,218.80 $2,153,83 $1,134,68 Totals $25,769.91 11140 Criminal Pros $2,548.83 $2,845.88 $4,762.74 $3,964.04 $3,528.77 $5,051.95 $3,447,04 $3,633.89 $3,480.88 $3,488.66 $3,314.12 $40,066.80 CITY OF LAKE ELMO 2004 BILLING SUMMARY 11145 Public Imp. ProL $66.00 $88.00 $33.66 $66.00 $77.00 $99.00 11150 Community Dev $330.21 $187.00 $286.00 $111.61 $341,00 $720.00 $253.43 $473.00 $564.00 $982.21 11155 Civil Litigation $2,196.75 $125.28 $692.76 $654,43 $702.43 $410.11 $188.61 , 11161 Auto Forfeiture TOTAL $6,462.54 $109.00 $99.00 $92.50 $59.00 $429.66 $4,248,46 $4,970.37 $359.50 $4,511.16 $8,463,42 $7,162,45 $5,802,40 $7,940.06 $5,826,04 $8,466.30 $8,974.11 $6,616.60 $5,619.62 $0.00 $75,844,70 12/13/2004 Suite 300 50 East Fifth Street St, Paul, MN 55101-1197 CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 TERSON FRAIVIC7BERGIVIAN WEAL= 11135-040002 2004 RECODIFICATION 11135-920001 Administration ACCOUNT NO: (6511 291-8955 16511 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 11/30/2004 11135M FEES EXPENSES ADVANCES BALANCE 242.00 0.00 0.00 $242.00 891.50 1.18 0.00 $892.68 1,133.50 1.18 0.00 $1,134.68 THRS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT, PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 PERSON M&BERGMAN ACCOUNT NO: (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 11/30/2004 11140M FEES EXPENSES ADVANCES BALANCE 11140-030001 Misc Prosecutions 2,885.0D 20.22 0.00 $2,905.22 11140-030066 Brame, Angela Ann 3rd degree DUI, 3rd degree .10 5.00 0.00 17.50 $22.50 11140-040130 Marchio, James Anthony 3rd degree DUI 5.00 0.00 0.00 $5.00 11140-040136 Ramirez, Alicia Dawn assault 80.00 0.00 0.00 $80.00 11140-040167 Langevin, Joseph Louis reckless discharge of weapon 27.50 0.00 10.00 $37.50 11140-040190 Grillo, Mark Angelo GM-DAC-IPS 37.50 0.00 0.00 $37.50 11140-040205 Berrisford, James Robert domestic assault 0.00 0.00 53.90 $53.90 11140-040244 Johnson, Maranda under 21, not a drop 5.00 0.00 0.00 $5.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF TIW 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 P ERSON BERGMAN WAVV11901-1.30.11ti Wit St 1101104 ACCOUNT NO: (6511291-8955 (6511 228-1753 facsimile Federal Tax ID #41.0991098 Page: 2 11/30/2004 11140M FEES EXPENSES ADVANCES BALANCE 11140-040256 Smith. Devin Timothy GM -false info to police, DAR, allow open bottle 62.50 0.00 0.00 $62.50 11140-040259 Fischer, Jeffrey Scott GM -school bus arm violation 32.50 0.00 0.00 $32.50 11140-040263 Anderson, Dean Robert 4th degree DUI, 4th degree .10 5.00 0.00 0.00 $5.00 11140-040265 Driscoll, Scott Allen domestic assault 5.00 0.00 0.00 $5.00 11140-040266 Sanchez, Marco A.E. 4th degree DUI 5.00 0.00 0.00 $5.00 11140-040267 Xiong, Anthony 4th degree DUI 5.00 0.00 0.00 $5.00 11140-040270 Beseth Jr, Ronald Louis 3rd degree DUI, 3rd degree .10 52.50 3,212.50 0.00 0.00 20.22 81.40 $52.50 $3,314.12 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAVIVAENTS RECEIVED AFTER THE LAST DAY OF TRE MONTH WILL BE CREDITED TO THE NEXTMONTIVS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WIT/I 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 LERSON, BERGMAN svigiosat • -ON ACCOUNT NO: (6511 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page; 1 11/30/2004 11150M FEES EXPENSES ADVANCES BALANCE 11150-040007 TAPESTRY O.P. DEVELOPMENT 803.00 3.21 0.00 $806.21 11150-040014 LARSON CUP FAMILY ENTERTAINMENT CENTER 176.00 0.00 0.00 $176.00 979.00 3.21 0.00 $982.21 THIS STATEMENT IS DEMAND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE IAST DAY OF THE MONTH WILLBE CREDITED TO THE NEXT MONTIHI'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 TERSONL_ BERGMAN ACCOUNT NO: 1651)29f-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 11/30/2004 11155M FEES EXPENSES ADVANCES BALANCE 11155-030004 LAKE ELMO VS. HILYAR 110.00 0.00 0.00 $110.00 11155-040002 ZIERTMAN/SESSING PROPERTY 77.00 1.61 0.00 $78.61 187.00 1.61 0.00 $188.61 THIS STATEMENT IS DUE AND PAYABLE TO THE IEND OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO TINE NEXT MONTH'S STATEMENT, PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Lake Elmo Agenda Section: Planning, Land Use & Zoning No. 9A City Council January 4. 2005 renda Item: Appeal of Administrative Determination — Chadua Vue Bacl u d Information for January 4. 2004: On December 7 the Council adopted motions to: 1.) Affirm the Building Official's determination that Mr. Vue needs a building permit for whatever he constructs as an accessory building; and, 2.) Postpone action regarding the location of an accessory structure(s) nearer the front property line than the principal structure. Mr. Vue has responded to those Council actions by submitting a building application for a 30 foot by 18 foot accessory — as had been proposed by Mr. Vue's drawings submitted in early December. No additional drawings have been submitted. The previous drawings depict the new accessory building will located 5 feet from the existing garage. Section 300.13. Subc1.3E of the City Code defines any structure located within 6 feet of a principal budding, "...shall be considered as an integral pan of the principal building..." The "Choice #1" location is, therefore, not nearer the front property line than the principal structure since it is a part of that principal structure by definition. No further Council action is necessary on that issue. In an effort to avoid returning to the Council at a later date: and, to assure clarity of intent for Mr. Vue, Staff recommends the Council adopt a Motion directing removal of the lean-to structure: and relocation of the Menards stv]e tool shed to a location within Code compliance within 30 days. Action items: Council Motion directing removal of the lean-to structure: and relocation of the Menards style tool shed to a location within Code compliance at 11991 30th Street North within 30 days. Person r i/ City Riatine • s: Time Allocated: 1. Staff Pictures — December 28. 2004 2. Vue Application and Sketch 3. Draft December 7 Council Minutes 4. Staff memo to Council for December 7 e: CITY OF LAKE ELMO City of Lake Elmo 3800 Laverne Ave. Lake Elmo, MN 55042 651-777-5510 Fax 651-777-96 „ ; nfrmationIk ,, Address //q7/ aLke e>,,t7;4" ss2x1:2-P Legal Description Lot Blk ;Infoinio.t Owner First name Last name 40, nrmattorigf ,lam1111.11d of JAW. AidillaLiatiokagi$4,1{1; Lastii I W11.0.11.ad c Permit Application 4:4 ),,AOLAV-0A4 HJIleu ;oihiAmithiaim Phone 6S7 - 74)- Construction Or HVAC ( ) P1u ibing ( ) Septic Commercial ( Other Project Description 3-743Y Contractor NO-1-cs,, Address State Lic. # Valuation 6:44 dar-u2A-4-4.0--1, Phone Fax City (e,g, new home, alter plumbing, install new heating, remodel kitchen DESCRIPTION OF WORK TO BE DONE 641 6.4 State Zip Cellular Dimensions: c.5.0 x length width sq. ft. The applicant hereby agrees to do all work in accordance with the Ordinances of the City of Lake Elmo and the State Building Code. In connection with your application for a permit, your signature constitutes permission for a representative of the City of Lake Elmo to enter upon said property for the purposes of project evaluation and code compliance. Signature of Applicant Date MIS/P John/DeLapp — to postpone action on the location request until more information is provided regarding dimension of the accessory structure, number of accessory structures, if the accessory structures are built according to the building code since no building permits were pulled, and if the accessory structure is 6or less from the principal building. (Motion passed 5-0.) M/S/P Johnaolmston — to affirm as the Board of Adjustment and Appeals, adoption of an Order for Vue to apply for a building permit, as amended. (Motion passed 5-0). Dillerud noted this agenda item will be taken care of on the first meeting in January. B. PUBLIC HEARING: Vacation of 55th Street and Easements:Resolution No. 2004-108 The City Planner reported the Council conducted a public hearing on October 5, 2004 on a petition by several abutting property owners to vacate the portion of 55'11 Street North that was closed to traffic concurrent with the Carriage Station platting. The Council approved the vacation subject to a revised legal description, and staff meeting with the abutting property owners regarding details of easements to be retained by the City and related matters. The Finance, Legislative, and Personnel Committee of the Council reviewed the plan at its December lst meeting and recommended approval by the Council of the following: 1. Retention by the City of a 66 foot (width of the existing street ROW) drainage and utility easement (only). 2. Addition of a 20 ft trail easement on the centerline of the previous street ROW, except south of the centerline to accommodate the two existing driveways for property owners north of the former street. 3. Construction by the City of an 8- foot asphalt bike/ped trail with the 20 foot easement in Spring, 2005. Standard permanent posts would be installed at each end of he trail (along with appropriate signage) to preclude all but bike/pedestrian use. 4. Vacation by the City of the existing drainage and utility easements platted at the rear of the abutting Carriage Station Lots. The Council convened a public hearing on this matter to approve the street vacation by the expanded legal description and also the rear lot line easement vacations. Attorney Filla asked who is going to pay the costs for drafting these easements. A form times 10 and then it has to be recorded. Filla public conveyed easement so the city is responsible. Discovered all of 5511' Street, west half, included in the plat of carriage station, all reverts to the south and not to the north. The property on the north will not be receiving the larger amount of land as discussed before. Mayor Hunt called the public hearing to order at 7:57 p.m. A. HEARING: Anneal of Administrative Determination — Chadoua Vue:Resolution No. 2004-107:Placing Accessory Building In Front of Primary Structure The City Planner reported Chadoua Vue, 11991 30th Street N., constructed a structure on his property without a permit and it was located nearer a public street than the existing home —a violation of Section 300.13 Subd. 31. of the City Code. The Building Official notified Mr. Vue that either he remove the illegal accessory structure, or secure an "after - the -fact" building permit and relocate the accessory structure on his property to secure compliance with the above -cited code provision. Mr. Vue has appealed the Building Official's Order to the City Council (Acting as the Board of Adjustments and Appeals) and did so within the prescribed 5-day period. Mr. Vue is requesting an after -the -fact resolution of the Council permitting the accessory structure to be located closer to a public street than the home. Mr. Vue proposed three possible locations two of which #1 and #2 would require the City Council Resolution. The accessory structure is now located at Location #1. The Planner explained if the Council approves the request, the illegal accessory building location portion of the Building Official's order cease to be an issue for the Board of Adjustments an Appeals, with only the lack of a proper building permit remaining as an appeal issue. Council member Johnston stated he did not support allowing the structure in front yard. Council member. John explained he visited the site and the building in question is not the dimension that is indicated on the Vue diagram. He also pointed out that there are two types of bldgs there. One is a small metal bldg and detracts from the property completely. Council member DeLapp noted that the building has to meet the building code, and placement in front yard has to be a rare circumstance. He asked if the building is 6' or less from the principal building because if the accessory is 6' or less from the principal building the accessory building would be considered as an integral part of the principal building. The Building official responded he would have to review that regulation in connection with Mr. Vue's accessory structure. Attorney Filla explained this is a temporary structure and asked the Council why they were considering Location #1 when the applicant is offering #2. Council member John suggested DeLapp visit the site to observe the structure. Mayor Hunt called the hearing to order at 7:46 p.m. There was no one to speak for or against the request. Mayor Hunt closed the public hearing at 7:48 p.m. Lake Elmo City Council December 7, 2004 Agenda Section: Planning, Land Use & Zoning No. 9A Aaenda Item: Appeal of Administrative Determination — Chadoua Vue Background Information for December 7. 2004: By a certified letter of November 5, 2004 Building Official McNamara informed the appellant that the new accessory structure that was observed on his property was both constructed without a permit and was located nearer a Public Street than the existing home — a violation of Section 300.13 Subd. 31. of the City Code. Mr. Vu was directed by Mr. McNamara to, within 10 days, either remove the illegal accessory structure, or secure an "after -the -fact" building permit and relocate the accessory structure on his property to secure compliance with the above -cited Code provision — further from a Public road than the existing house. Mr. Vu was accorded the opportunity to appeal Mr. McNamara's Order to the City Council (Acting as the Board of Adjustments and Appeals), and did so within the prescribed 5 day period. Compliance with the Order is automatically (by Code) waived during the appeal process. The Board of Adjustments and Appeals must resolve the Appeal of Mr. McNamara's Order. Mr. McNamara's Order should, by Board Order, be either affirmed or rescinded. The Board must include Findings with its Order. Mr. Vu is concurrently requesting an "after -the -fact" Resolution of the City Council permitting the accessory structure to be located closer to a Public Street than the home (as is permitted by Section 300.13 Subd. 31). Mr. Vu has proposed three possible locations — two of which (#1 and #2) would require the requisite City Council Resolution. The accessory structure is now located at location #1. It appears logical for the Council to first address this request by Mr. Vu. If the Council approves the request, the illegal accessory building location portion of Mr. McNamara's Order ceases to be an issue for the Board of Adjustments and Appeals, with only the lack of a proper building permit remaining as an appeal issue. We have attached a draft City Council Resolution approving the accessory building location closer to the Public Street than the existing home — should that be the Council's direction. Once the City Council Resolution has either been adopted, or the Council decides not to approve Mr. Vu's request, the Board of Adjustments and Appeals Hearing on Mr. Vu's appeal should be convened. If the City Council Resolution was not approved, the Board should decide the full appeal — either affirming Mr. McNamara's Order, or adopting an alternative Order, with Findings in support of that action in either case. If the City Council Resolution was approved, the only issue remaining for the Board is that of Mr. Vu's need for an "after -the -fact" building permit (at double fee) — again a Board Order with appropriate Findings. Action items: 1. As the City Council, action on a Resolution regarding approval of placement of an accessory structure closer to a Public Street that the principal structure. 2. As the Board of Adjustment and Appeals, adoption of an Order — with Findings — regarding what remains of Mr. Vu's appeal case following Action #1 by the City Council. Attachments: oc)4 IQ] 1. Draft Resolution — Accessory Structure Location 2. Draft Board of Adjustments and Appeals Order 3. Vu Appeal Letters 4. Otteson Support Letter 5. McNamara Order Person resnonsible: City Planner Time Allocated: Lake Elmo City Council January 4, 2005 Aenda : Comp Plan Amendment/Rezoning/RE Preliminary Plat—'Cardjna1 Vi Background Information for January 4, 2005: At its December 13, 2004 meeting the Planning Commission conducted the required Public Hearing, and unanimously adopted a recommendation for approval of a Comprehensive Plan Amendment. Rezoning, and Preliminary Plat for this application to create 6 Residential Estates lots on a 23.5 acre site at the east end of 15th Street North. A 79' lot would accommodate the existing home on the site. Staff had advised the Commission that the plat design resulted in apparent technical non-compliance with average lot area and septic site area requirements of the RE zoning district. Either or both non-compliance issues constituted zoning variances, which had not been, applied for, The Commission concluded that average lot area had been calculated based on the gross site area with previous RE plats — rather than as net proposed lot area. Based on that RE standards interpretation precedent, the Commission concluded that this proposal does comply with RE average lot area requirements. No variance action would be required. Agenda Section: Planning, Land Use & Zoning No. 9B The applicant agreed to conduct additional soil testing, and to identify the full 2 drain field area. Those tests were subsequently completed and the applicant has demonstrate that each new lot can accommodate 20,000 square feet of drain fief water pending requirements that impact those lots limit both the buildable area, treatment. The existing home with an in -place septic system is not addressed by 0,000 square feet per lot of septic submitted new graphics that d. The site topography and surface and the area suitable for septic the plan. We have attached resolutions providing for the approval of the Comprehensive Plan Amendment, Rezoning and Preliminary Plat as recommended by the Planning Commission. Action items: C.)06 Motion to adopt Resolutions #200A0-.{Comp Plan Amendment), 177 -.71.q— (Rezoning), and #2005 ZPreliminary Plat). AttaChITI ents: 1. Draft Approval Resolutions 2. Draft Planning Commission Minutes of 12/13/04 3. Planning Staff report 4. Applicants Documentation Pe on onsible: Ci Time Allocated: Comprehensive Plan Amendment — CARDINAL VIEW City of Lake Elmo Washington County, Minnesota Resolution No. 2005-' 3- A RESOLUTION GRANTING A COMPREHENSIVE PLAN AMENDMENT GUIDING LAND USE FROM RAD TO RED TO D & T DEVELOPMENT WHEREAS, D & T Development has made application to the City of Lake Elmo for a Comprehensive Plan Amendment, amending the land use guiding from RAD to RED for the following parcel of land; to wit: Combined Parcel Legal Description That part of Government Lot 2 and that part of the SW 1/4 of the NW 1/4, Section 27, Township 29, Range 21, Washington County, Minnesota, which part lies south and west of the following described line: Commencing at the East Quarter corner of said Section 27; thence on a grid bearing of South 00 degrees 43 minutes 04 seconds East, along the east line of said Section 27 a distance of 657.18 feet to the point of beginning of the line to be described; thence South 89 degrees 11 minutes 51 seconds West 2125.75 feet; thence South 00 degrees 42 minutes 41 seconds East 153.25 feet; thence South 89 degrees 11 minutes 51 seconds West 1113.73 feet; thence North 34 degrees 41 minutes 56 seconds West, 695.58 feet; thence North 00 degrees 42 minutes 41 seconds West, 466 feet; thence North 67 degrees 22 minutes 53 seconds West 1450.82 feet; thence North 00 degrees 33 minutes 40 seconds West 219.31 feet; thence South 89 degrees 11 minutes 48 seconds West 317.27 feet more or less to a point on the west line of said Section 27 distant 1029.01 feet north of the West Quarter corner of said Section and there ending. WHEREAS, the Lake Elmo Planning Commission considered this Comprehensive Plan Amendment request at its December 13, 2004 meeting, and recommended that the Comprehensive Plan Amendment be granted. WHEREAS, the Comprehensive Plan Amendment request was presented to the City Council at its January 4, 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 D & T Development. 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 4th day of January, 2005. Dean Johnston, MAYOR AI I EST: Martin Rafferty, City Administrator CITY OF LAKE ELMO WASHINGTON, MINNESOTA ORDINANCE NO. 97- I Li 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 properties: Parcel I.D. No. 27.029.21.23.0001 Parcel I.D. No. 27.029.21.24.0001 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 day of 2005. Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator Published in the Stillwater Gazette on the day of , 2005, CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-(30& A RESOLUTION APPROVING THE PRELIMINARY PLAT OF CARDINAL VIEW WHEREAS, Tom Wiener of D & T Development, Wayne W. and Patricia E. Marzolf, and Joni K. Foster and Douglas R. Troupe have made application for a Preliminary Plat to create seven residential building lots on two parcels with a combined area of 23.49 acres. The property is generally located on the north side of 15th Street and westerly of the Lake Elmo Park Reserve, and includes the property addressed as 9250 1511' Street North. The combined parcels are legally described as follows: Combined Parcel Le2a1 Description That part of Government Lot 2 and that part of the SW ¼ of the NW 1/4, Section 27, Township 29, Range 21, Washington County, Minnesota, which part lies south and west of the following described line: Commencing at the East Quarter corner of said Section 27; thence on a grid bearing of South 00 degrees 43 minutes 04 seconds East, along the east line of said Section 27 a distance of 657.18 feet to the point of beginning of the line to be described; thence South 89 degrees 11 minutes 51 seconds West 2125.75 feet; thence South 00 degrees 42 minutes 41 seconds East 153.25 feet; thence South 89 degrees 11 minutes 51 seconds West 1113.73 feet; thence North 34 degrees 41 minutes 56 seconds West, 695.58 feet; thence North 00 degrees 42 minutes 41 seconds West, 466 feet; thence North 67 degrees 22 minutes 53 seconds West 1450.82 feet; thence North 00 degrees 33 minutes 40 seconds West 219.31 feet; thence South 89 degrees 11 minutes 48 seconds West 317.27 feet more or less to a point on the west line of said Section 27 distant 1029.01 feet north of the West Quarter corner of said Section and there ending. WHEREAS, at its December 13, 2004 meeting, the Planning Commission reviewed and unanimously recommended approval of this application to plat 23.49 acres as a residential development of seven building lots. WHEREAS, the Preliminary Plat of CARDINAL VIEW was presented to the City Council at its January 4, 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 CARDINAL VIEW, per plans that staff dated December 8, 2004 and December 28, 2004, as the same on file with the City Administrator, based on the following Conditions: 1 Compliance with the recorrunendations of the City Engineer and City Attorney. 2. Compliance with the recommendations of the Valley Branch Watershed District, as found by the City to be appropriate. 3 Inclusion (or enlargement if found to be necessary by the City Engineer) of trail rights to the City within the drainage and utility easement along 15th Street North. ADOPTED, by the Lake Elmo City Council on the 5th day of January 2005. Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator DRAFT CITY OF LAKE ELMO PLANNING COMMISSION MEETING MINUTES OF DECEMBER 13, 2004 Chairman Helwig called to order the regular meeting of the Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Roth, Johnson, Sessing, Sedro, Deziel, Armstrong, Ptacek, and Schneider (7:02 p.m) STAFF PRESENT: Administrator Rafferty, Planner Dillerud, Recording Secretary Schaffel. ALSO PRESENT: Councilmember Johnston, AGENDA M/SIP, Sessing/Johnson, To accept the Agenda as presented. VOTE: 9:0. MINUTES 1VI/S/P, Johnson/Deziel, To accept the Minutes of Novernber 22, 2004 as presented. VOTE: 8:0:1 (Ptacek-Abstain), PUBLIC HEARING PRELIMINARY PLAT CARDINAL VIEW The Planner introduced the application for a Residential Estates development on the north side of 15 Street and adjacent to the west side of Lake Elmo Park Reserve and one parcel east of CARDINAL RIDGE. He reported that the applicants propose to divide the parcel into seven single family lots, with the homestead to be located on a 7th lot. He reported that the present land use guiding for this site is RAD and the zoning is RR; and that the applicant proposes RE guiding and RE zoning. The Planner reported that the City Council has previously indicated that if an applicant came forward with a plan to develop fewer than 40 acres, the Council would consider changing the guiding from RAD to RE and rezoning to RE as well. He observed that based on that history, the requested Comprehensive Plan Amendment is justified,, and that once an amendment to the Comprehensive Plan is warranted, the rezoning is as well, according to state law. The planner reported that staffplat calculations based on the RE standards came up with two possible issues: 1. Should lot size average (3.3 acres) be based on gross or net acres? The applicants propose gross acres. 2, RE standards require 20,000 square feet of septic area demonstrated per lot. The applicants only demonstrate 10,000 square feet per lot. The Planner said that there had been discussion in the past regarding a road extension froin the parcel to the northwest. The Planner questioned whether it would be wise to extend 16th street to create a double access. He said there may not be a need for a double opening on that road, and the steep ravine in that area might make it difficult to create that street. He concluded that it is probably impractical and unnecessary. Findings The Planner said the Comprehensive Plan Amendment reflects change in conditions. He said the rezoning is supported by the Comprehensive Plan, and the Preliminary Plat complies with standards for Residential Estates and subdivision standards of Section 400, except as noted. The planner said that when the averaging of lots is resolved by the commission and the septic is satisfactorily resolved, he would recommend approval of the Preliminary Plat of CARDINAL VIEW with the following conditions: Lake Elmo Planning Commission Meeting Minutes of December 13, 2004 DRAFT 1, Compliance with appropriate VBWD recommendations. 2. Grant a trail easement on 15th Street. Commissioner Schneider asked if the property to the west has been ghost platted. The Planner said it has been ghost platted as an OP development with residential lots concentrating on the north end of the parcel. Tim Freeman, Land Surveyor/Land Planner - Folz, Freeman, and Erickson Mr. Freeman said they expect that the Met Council will review this application administratively, which usually takes a couple of weeks. On the trail corridor, they are neutral. They have no opinion. He said that with the road extension issue, the contour map shows a substantial ravine. That is why they did not consider it, and it would have to go too far to the north. Mr. Freeman said that Dale Eklin has done most of the soil testing in the city. He said Mr. Eklin was animated about details of 20,000 square feet. Following Section 700 of the code, Mr. Eklin tested for primary and secondary septic sites on each lot. The better the soil, the smaller the area needed. He suggested that the 20,000 square feet was created in the Code to be sure any lot would have space for a septic system. He said he has ordered Mr. Eklin to look at an expanded area on each lot. He would like that information added to the approval, and he will have it prior to the Council meeting Commissioner Schneider pointed out a discrepancy between Figures C and D as to cul-de-sac diameter — one says 60 feet diameter and the next page reads 50 feet diameter. He said that it may not make a difference since the City Engineer wants a differently designed cul de sac. Commissioner Ptacek said that 20,000 square feet is a great idea. He said on 2.5 acre lots in his development, no area percolated on four lots, and those lots ended up with mound systems. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:29 PM Lil Linder Ms, Lindner said her property is south of the westerly end lot. She would like to see some berming on that end so there are no complaints from the new residents in the development regarding the Lindner's business. She said her business has lots of trucks in and out. She said she is in 100% agreement about having the trail as proposed by the staff. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:30 PM Mr. Freeman said they intend to plan for berming and trees to screen the southerly parcel. They will disclose to potential buyers that there is a business and traffic there. They are also working on tree protection on the westerly end of the parcel, and an agreement will be created to preserve the stand of trees. The Planner said that Section 400 provides a supplemental form of information like a Landscape Plan. He said that will go to the City Council with the Final Plat. M/S/P, Ptacek/Sessing, To recommend approval of the Comprehensive Plan Amendment, Rezoning , and Preliminary Plat of CARDINAL VIEW based on findings and conditions in the Staff Report of December 8 and applicants' graphics staff dated December 8; conditional also upon the addition of a Landscape Plan with screening for the Linders' parcel and the westerly neighbor. VOTE: 9:0. Lake Elmo Planning Commission Meeting Minutes of December 13, 2004 2 LAKE ELMO PLANNING COMMISSION STAFF REPORT Date: December 8, 2004 for the Meeting of December 13, 2004 Applicant: D & T Development Location: 9250 15th Street North Requested Action: Comprehensive Plan Amendment, Rezoning and Residential Estates Preliminary Plat Land Use Plan Guiding: RAD Existing Zoning: RR Site History and Existing Conditions: This 23.5 acre project site consists of an existing tax parcels of 10 acres (East, with the existing home); and 13.5 acres (West, and vacant). The site is devoid of significant tree cover (except along the west property line); and drops 48 feet from south (15th Street) to north (Regional Park). The entire north boundary of the site abuts and the site overlooks the Regional Park. The only City records regarding either site are the 1993 Building Permit to construct the home on the east parcel; and, a 1996 Building Permit to construct a 1,200 square foot accessory structure to the west of the home. Discussion and Analysis: The applicant proposes the platting of the site into 7 SFD home sites, of which one will be the existing home. The Residential Estates section of the zoning ordinance has been used as the design template for this neighborhood proposal. For the plat to be processed as proposed, the site must be both land use reguided from "RAD" to "Residential Estates" (Comprehensive Plan) and rezoned from "RR" to "Residential Estates" (Zoning Map). The applicant has opted to process all three applications concurrently (Plan Amendment, Rezoning, and Preliminary Plat), with the understanding that should the Plan Amendment not be approved, neither the zoning nor plat can proceed. Since Minnesota Law specifies that zoning must comply with land use guiding (Comprehensive Plan), it is the Comprehensive Plan amendment that is the key to whether the site will be eligible for the development density that the plat proposes. It is generally held that a Comprehensive Plan Amendment can be warranted when one or both of the following findings are demonstrated/proven by the applicant/land owner. 1. An error has been made by the City in land use guiding of a site. That error must be described in detail. 2. The physical state or other circumstances of the site or surrounding areas have changed since the Comprehensive Plan guiding of the site was adopted by the City. The applicant, by the first three paragraphs of his November 30, 2004 Narrative, presents a case for the Residential Estates land use guiding of the this site (from RAD). Clearly the case is made for "change of conditions", For the most part the applicant's logic is valid — even though he is not necessarily referring to a physical change of conditions regarding the site or the surrounding neighborhood, but rather the preferences of certain City Council Members (Members past and present, as expressed during the discussion of the Cardinal Ridge OP site to the west). The context of that (2000) discussion at the City Council was whether OP Cluster or Residential Estates were "better" forms of development for the Cardinal Ridge site. Neither of the two Council Members that commented had ever been supporters of the OP concept as a replacement for Residential Estates. There has, in fact, been a change of conditions (again, not physical) that does impact this subject site. Shortly after the Cardinal Ridge OP was approved, the OP ordinance was amended to increase the minimum site area for OP from 20 acres to 40 acres. This site (and a handful of other City-wide) became instantly ineligible for OP, leaving 40 acre or 10 acre divisions the only available development options. In today's S30,000/acre real estate market, buyers for 10 acre parcels are scarce, While frowned upon by some as "sprawl" the Residential Estates appears to be a strategy to allow land divisions that make economic sense when the required 40 acres for OP can not be assembled from multiple property owner. Comprehensive Plan discussions at the City Council level in 1999 and 2000 addressed the Residential Estates guiding/zoning in those terms. While it was decided that the land use plan would not reflect large expanses of RE — as it had in the past — the City would be responsive to reguiding and rezoning specific sites to RE where the change in OP minimum acreage had rendered the sites ineligible for that development process. The Preliminary Plat has been designed responsive to the prescriptive standards of the RE zoning district (copy of those standards attached as a "refresher"), and the general platting standards of Section 400 (Subdivision Code). In regard to those standards, our review of the plat graphics reveals compliance, except as follows: 1, RE standards prescribe a minimum lot area of 2.5 acres, and an average lot area of 3.33 acres. While the minimum lot area standard is complied with, it appears that the averaae individual lot area falls short of the standard at a calculated 3.06 acres. We understand that the applicant calculated the "average" using the gross site area (including street ROW). On that basis a 3.36 acre average is claimed. The Code is not specific as to which measurement method should be applied. A City Council determination should be made, with a Planning Commission recommendation provided. 2. RE standards prescribe that at least 20,000 square feet of each lot, "...be dedicated for septic use and be suitable for that use.". It appears from the applicant's plat graphics that only 10,000 square feet or slightly more of each of the six proposed lots is designated for septic use, with the lot created for the existing home (Lot 7) devoid of any such designation. The soils testing submitted with the plat appears to have only addressed areas at or slightly over 10,000 square feet on six of the proposed lots, and states that no test was done on the proposed lot with the existing home (Lot 7). Therefore, there would appear to be at least one zoning variance (and perhaps two variances depending on how the lot area average is calculated) implied by the plat design, but no variances were applied for nor Noticed by the City for Hearing. With respect to the plat (Section 400), our review observations are as follow: The 20+ acre parcel immediately west of the subject site will some day be divided (now the location of a CUP for a storage business). The plat immediately west of the 20+ acres (Cardinal Ridge) includes a dedicated and constructed stub extension of 16th Street North to the west line of the 20 acre parcel. An obvious question arises as to whether that 16th Street extension would extend through the 20 + acre parcel to link with the proposed 15th Street Court within this plat — should the cul-de-sac now proposed by the applicant be instead a street extension to the west line of the subject site to link with 16th Street North in the future? Grades on the north portion of the 20+ acre parcel suggest that this may be a more difficult proposition than the resulting improvement to circulation would warrant. 2. This site is essentially devoid of tree cover. Plat "Supplementary Information" that may be required by the Planning Commission can include a "...vegetation preservation and protection plat (sic)..." (Section 400.08, Subd.6H). That plan would depict how the required 6 trees per lot and 2 trees per 100 lineal feet of street (both sides) would be applied to the site. Given the total lack of tree cover with this site, this may be supplemental information that the Commission may desire to review, Otherwise, that plan will be required only with the Final Plat drawings — which are not reviewed by the Commission. 3. The City Park Commission is working on an update of the City Trails System Plan with a consulting planner — about 60 days "out" at this point. It appears that City trail access to the Regional Park will be looked upon with favor by the County Park officials based mostly on that Plan. One access corridor that has been often suggested has been via 15th Street North. It is recommended that the 10 foot drainage and utility easement required along the plat property lines abutting the 15th Street North ROW be expanded to include a "Trail" use. The result will be a total of 30 feet north of the 15th Street paved surface in which an off road trail could be constructed by the City in the future. Should the Trail System Plan be adopted before the Final Plat for this site is approved (and the 15th Street trail corridor appears on that Plan), the developer Should be required to construct an 8 foot asphalt trail with that corridor as a partial credit to the Park Dedication fees payable for the plat. Findings and Recommendations: Depending on the applicant's response (and Commission's interpretation) related to the variance issues noted above, and whether the Commission decides that a landscape plan is required at the Preliminary Plat Stage, it may be appropriate to table this application pending resolution of those issues by the zoning variance process and landscape plan preparation. If, however, the applicant either redesigns the plat and/or the Commission determines the lot area averaging strategy adopted by the applicant is proper, the following Findings could be made: 1. 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. 2. The rezoning of the site from RR to RE is appropriate, and required by State Law if the reguiding of the site to RED is approved. 3. The proposed Preliminary Plat generally complies with the Section 300 standards for an Residential Estates development and the subdivision design standards of Section 400. Again, once the zoning variance issues are resolved in some manner (either a tabling to allow the variance action to "catch up", or redesign by the applicant); an affirmative ( to the applicant) Commission interpretation as to lot areas; and a Commission decision regarding the landscape plan, approval of the all three actions in recommended, subject to the following conditions: 1. Compliance with the recommendations of the City Engineer and City Attorney, 2. Compliance with the recommendations of the Valley Branch Watershed District, as found by the City to be appropriate. 3. Inclusion (or enlargement if found to be necessary by the City Engineer) of trail rights to the City within the drainage and utility easement along 15th Street North. Planning Commission Actions Requested: Motion to Table, or Approve based on the Findings and subject to the Conditions specified by the Planning Staff Report dated December 8, 2004 and the applicant's graphics staff dated December 8, 20 Charles E. Dil Attachments: d, City Planner 1. Location Map 2. Residential Estates Platting Standards 3. Valley Branch Review Letter 4. City Engineer Review Memo 5. Applicant's Narrative and Graphics - Booklet Location Map 1222W R2 IVY R2OW VIcInity Map 0 2400 Scale In Feet Thle dewing le the tenni at m earthallon and want:Imam et lend mord, ma Nay *tamer verloum Wahhamlan County Whams. The delving whouldbm and for telentehe mamma any. M15111,106 Canty Im not rantemelblm for any humarades. Savicat Washington Canty Surveyor, Me. Phan (BSI) 430-6B75 Peron data based an ASO/ Intimation Lot Size 2 1/2 tniOnum (108.750 sq. ft..) to I U acres (-135.60U sq. 3.33 acre average • No outiots io remain within .80031siPn'' „ Lots must be configured ro contairi a circle with a ..00,1„ME 250...feezmi4nnunwthe, ratio of lot length to wtiktOjihjecitsjogatait00.:1 Flag lots are prohibited Ar1119•PO (1.25 acre of land , • •7 above t4,e floodpiatfi_Lirir Aof.afty drainage easements Principal .BUilding Setback - (Also seaSection 300.1 1) Fronn • ) Sirie,(Corricr) • Fromage•on.Public Roadway 3. Minimum District Reouirements. R. E. Zoning District r_i0d,06,1 Lake Elmo Municipal Code Chapter 3 -Zoning Section 300 -Zoning Ordinance Subdivision Density :11,4#10:Vintigiun'' 803,01NiTIOTA.:,4rd,. 100,Z1#1010#1111 • '10itit KkAirli* 150 feet minbnume4007(?Ac;t,,g,tt the end of cul-de-sacs ) Primary .Building Height Misr:40'566116g 300:12). ACtissetfAuildingrandStnicttirtS AccesSory:Eitil Idirticard Structures 'Height 011—"' .Section aliei ;see Section 300,13; Sued. 6.) ,,Hard Surface,(1mpervious) Coverage' Septic Drainfield Regulation (Also see Section 70P) Minifnurn Wi FOOtiiigS s.151M.. '11.4!..TOet -2.oied spaces minithurn,(200 sq: ft. minimum per • gf5ge". riiinimurn setback of 50 feet from any property line.. 14**C014# have a minimum of 20;000.sq.'ft...ofland t�be,dddieated. for septic system use and We for thillVdte: TM (and May comprise up to tWoeparafe areas each, nf is Contiguous to the l .25 acro.building site or atintairied Wft11Th it and each of which contains at least 10,000 contiguous square feet. Plaeement.of the Seebtid required drainfield between the peLofth first drairifie4is-prohibited. ening All dwelling units must:156:fillejst,tv,ienty (20) feet wide The d.riinery,structure.tililiiiirikaon(inuous frost footings. Continuous froSi lSongs ate not required for porches, decks anc1.011-4f aendages:so long as proper post 72e footiPPPqr.gigiliklimilding Codes are constructed. Maximum Width of DeiVeWay§ ' ignage 300-31 ' "• 1/18/97 TKDA ENGINEERS :.ARCHITECTS • PLANNERS December 8, 2004 Planning Commission Members City of Lake Elmo, Minnesota Re: Preliminary Plat Review Cardinal View City of Lake Elmo, Minnesota TKDA Commission No. 11979-041 R ECEIVED DEC 0 i2004 150D Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Dear Planning Commission Members: We have reviewed the Preliminary Plat information dated November 30, 2004, and offer the following comments. Septic Systems Site evaluations have been submitted confirming that each lot has enough room for a primary and secondary drainfield. Soil borings for the existing home site were not performed. The City should review its file to determine if additional testing on this site should be done. If City records are not sufficient, then a site evaluation will be necessary on this lot. Streets An island style cul-de-sac should be used rather that the one shown. The Developer should consider the possibility of extending a street from the stub street (16th Street) in Cardinal Ridge to this proposed street. If this is possible, I would recommend extending this street to the west plat boundary, and constructing a temporary cul-de-sac. Grading and Drainage The City's ponding requirements appear to have been met. Final storm water computations need to be submitted. We should took at the area where water is discharged into the Regional Park to determine if there are any concerns. A MPCA Storm Water Discharge Permit is required. The Valley Branch Watershed District may have additional comments. Thomas D. Prew, P. E. City Engineer TDP/mas An Employee Owned Company Promoting Affirmative Action and Equal Opportunity December 8, 2004 Mr. Chuck Dillerud City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Re: Cardinal View Dear Mr. Dillerud: Thank you for submitting the information regarding the proposed Cardinal View. On behalf of the Valley Branch Watershed District (VBWD), I have reviewed the information and this letter provides my preliminary comments. Because the project will require a VBWD permit, I will review the project more thoroughly once a VBWD permit application is submitted. Background The project site lies within the Eagle Point Lake watershed. Water Quality Eagle Point Lake is within the Lake Elmo Regional Park. The lake is shallow, and the water quality of Eagle Point Lake varies, but in general, it is poor. The lake's average summertime Secchi, disc transparencies are usually less tha-n 2.3 feet, and the average summertime total phosphorus and chlorophyll a concentrations are typically quite high. Water Quantity The proposed development is well above the 100-year flood level of Eagle Point Lake. Groundwater The development might lie within the groundwatershed of Valley Creek, a trout stream in Afton. The VBWD, Washington County, the Cities of Woodbury and Afton, and others are currently developing a groundwater model of the area as part of a Legislative Commission on Minnesota Resources (LCMR) grant. The project will not only determine if proposed Woodbury municipal wells will impact Valley Creek, but it will also determine the long-term sustainability of the groundwater supply in the area. Proposed Project The proposed project includes the construction of 15th Street Court North, siachomes, and a stormwater pond. Low Impact Development Techniques Reducing impervious surfaces and encouraging infiltration practices will protect Eagle Point Lake and all water bodies from negative water quality impacts and "flashy" inflows. These practices could also reduce the amount and/or size of needed infrastructure, and therefore reduce the construction costs. Another benefit is that infiltration recharges groundwater, DAVID BUCHECK LINCOLN FETCHER DONALD SCHEEL DALE BORASH DUANE JOHNSON VALLEY BRANCH WATERSHED DISTRICT P.O. BOX 538 www.vbwd.org LAKE ELI1/10,,MINNESOTA 55042.0538 Mr. Chuck Dillerud December 8, 2004 Page 2 whieh is needed to sustain a drinking water supply and support groundwater -dependent natural resources. Reducing the size of the proposed cul-de-sac would reduce the amount of new impervious surfaces. The plans submitted show a cul-de-sac radius of SO feet. Most urban cities (e.g. Woodbury) only require a 45 foot radius. A vegetative island could also be constructed in the center of the cul-de-sac. Enclosed is a factsheet from the VBWD's Alternative Best Management Practices Guidebook regarding cul-de-sacs. I encourage the City of Lake Elmo to allow a smaller cul-de-sac radius. Practices that would encourage more infiltration on this site include: • Constructing rainwater gardens along the mad (I have enclosed some photographs of rainwater gardens along a residential road in a Burnsville neighborhood) • Constructing the site so that compaction in pervious areas is prevented • Requiring loosing of soils to a depth of 24 inches to a maximum compaction of 85% standard proctor density and tilling the upper 10 inches of soils prior to planting • Directing roof drains to pervious areas • Using pervious areas for snow storage • Planting trees that at maturity will canopy over at least 50% of the impervious surfaces • Planting deep-rooted trees, shrubs, wildflowers, arid grasses in at least 25% ofthe project's green space Peak Discharge Rates Hydrologic modeling information will need to be submitted to prove the peak discharge rates will not increase due to the development. Water Quality Treatment Computations will need to be submitted that prove adequate water quality treatment is being provided. In addition to Lots 3-5, the runoff from the proposed homes in Lots 1, 2, and 6 should be routed to the stormwater pond for treatment, if possible. Minimum Floor Elevations The proposed minimum floor elevations appear to be at least two feet above the 100-year flood level of the stormwater pond Erosion Based on the plans, it appears there could be a potential erosion issue from the pond outlet. The pond outlet will channelize flows. If the flow velocities are small and if the flows can be spread out, the erosion potential could be reduced. Wetland Issues The applicant will need to submit a wetland delineation report or proof that no wetlands exist on the site. The VBWD is the Local Government Unit responsible for administrating the Wetland Conservation Act. The developer will need to follow all of the rules and regulations spelled in the WCA, and submit all of the necessary documentation. The VBWD will then review the information, forward the information to the appropriate agencies fox comments, and ensure the proposal conforms to the Wetland Conservation Act and other VBWD wetland rules and regulations. 7 Mr. Chuck DiBend December 8, 2004 Page 3 Permit Requirements The proposed project will require a permit from the VBWD. The landowner should submit a complete permit application packet to me. Permit application material can be obtained from the VBWD's website, www.vbwd.or2, or from me. Once a complete VBWD permit application is submitted, 1 will review the project for conformance to the VBWD's rules and regulations, including: • Stormwater rates • Water quality treatment • Flood levels and minimum floor elevations • Wetland delineations and protection • Erosion controls • Potential downstream impacts If you have any questions, please contact me at 952-832-2622. Sincerely, J P. Hanson, P,E. BARR. ENGINEERING COMPANY Engineers for the District David Bucheck, VBWD President Todd Erickson, Folz, Freeman, Erickson, Inc. Site Design to Reduce Stormwater Runoff Cu1-de-Sac Design Cul-de-sac infiltration island accepts stormwater from surrounding pavement Reducing the size or changing the shape of cul-de- sacs can reduce the amount of impervious surface in subdivisions. Cul-de-sacs should be designed using the minimum radius that accomodates turning of emergency, service, and maintenance vehicles. Changing the radius from 40 feet to 30 feet can reduce the impervious coverage by about 50% (Schueler 1995). Using turnaround options such as a T-shape can also greatly reduce impervious surface. A landscaped island in the center of the cul-de-sac removes impervious surface where driving does not occur. This island can also be designed as a depression to accept stormwater runoff from the surrounding pavement. A flat apron curb will stabilize roadway pavement and allow for runoff to flow from pavement into the cul-de- sac's open center. EMERGENCY VEHICLE 0' PATH OF VEHICLE OVERHANG PATH OF RIGHT FRONT WHEEL Cul-de-sac with offset island Dimensions based on AASHTO Minimum 'Awning Path for SU Design Vehicle Cul-de-sac, no island Dimension source: Eden Prairie, Minnesota r— T-shape turn -around Benefits • With less impervious surface, less stormwater runoff will require management. Reducing stormwater runoff protects downstream water bodies. Less paved surface also means lower development and mainte- nance costs. • Reducing pavement lessens the urban heat island effect, the increase in air temperature that can occur when highly developed areas are exposed to the sun. • Planted cul-de-sac islands are more attractive than wide expanses of pavement. Design Guidelines • Design cul-de-sacs with a radius of 39 feet or less. • biclude an unpaved, depressed island with a minimum radius of 20 feet. Alternative Stormwater Best Management Practices Guidebook Valley Branch Watershed District 19 Fo z Freeman, Erickson, Inc. AND PLANNING e SURVEYING 4 ENc3INEERINO CARDINAL VIEW Narrative November 30, 2004 The request for this project is threefold. Comprehensive Plan Amendment to re -guide the property to Suburban Residential, rezoning to Residential Estates and Preliminary Plat approval. This property was originally part of the area slated for OP development. It was never re -zoned for OP development, and subsequently, the City repealed OP Zoning in favor of OP developments in Ag and RR with Conditional Use Permits. The City Council has repeatedly indicated a desire for Residential Estate lots over OP lots in this area. In fact, the City Council has gone on record in the minutes of the Cardinal Ridge development saying essentially that they would look favorably on Residential Estate lots in favor of OP lots, in this area. Since this property is under the minimum parcel size for an OP project, it seems a perfect fit for standard 2.5 acre lots. The law requires that a Comprehensive Plan amendment show that the original plan was in error, or that the conditions have changed to warrant a change in the plan. We believe that the conditions have changed due to the City Council's stated desire to have Residential Estate lots in this area over OP lots. The property is currently guided Open Space Development, and the zoning .districaor OP development has been repealed. The' overall density of housing units for Residential Estates is essentially the same as Open Space Development, A project of this nature will help to keep the rural feel Lake Elmo is so proud of. With a potential for suburban type development to the south, using this property as Residential Estates will insure it will not change use as time goes by. The project is 23.49 acres, comprised of two properties. The land is mostly open farmland with an existing home on the east end. The land drains from southwest to northeast into the Lake Elmo Regional Park Reserve, which borders the property on the north and east sides. The property is within the Valley Branch Watershed District. Preliminary discussions with the district engineer John Hanson of Barr Engineering have resulted in the ponding and erosion control features incorporated in the design. 5 20 Memorial Avenue North, Stillwater, MN 55082 • Phone; (651) 439-8833 *. Fax: (651) 430,9331 • Website: www,ffe,inc.com Bruce A. Folz, LS Timothy/. Freeman, LS To& i A. Erickson, PE )939 • 2001 President Vice President The soils .are,predominately Group Bsandy and siltyloams.. Spil.borings and. percolation tests have been preformed for each lot, with adequate areasfor both a, primary and backup systerri. The test results have been submitted along with the application. The proposal is for seven single family lots with individual onsite septic treatment and individual private wells. The new street proposed will serve as access to all of the lots except for the existing home on 15th Street North, and the next lot west of it. There is approximately 590 lineal feet of new street proposed in a standard cul-de-sac arrangement, built to standard Lake Elmo street specifications with bituminous surfacing and integral bituminous curbing. Each of the lots meets all of the minimum design standards for Residential Estate lots. There are no variancesrequired or requested. The overall density averages 3.33 acres per lot for the entire project, with 2.5 acre minimum lot size. WASH7NG7ON ONE( Mr AT NORTHWEST DOR, I 9ED 27, T 29, R 21 4 '11 a$ N 8953'67" E 317.96 1 ro Ott 'RAL .#1.141041 N 0015'38" E Corry desks AGRialL77JRAL N CNTY CIA! COR , I 29, R 2r t •Nr;.: 318 2 41 ACR,t9 R 125 CARDINAL VIEW PRELIMINARY PLAT LOT LAYOUT N 8.95926. E 2,346.38 M7R774 4.tYE MC17. T 28.R .21 CURRENT ZONING ZONED RR — RURAL RESIDENDAL 1"14. STREET NORTE ..-.....N DO*50.17" W '41 • V/ASAGTON CNTY GIM AT MEANDER MR ON NORfl LINE $EC7 T 29. R 27 PART OF 27-029-21-11-0001 Washington County ZONED PF — PUBLIC FACLITIES IOU n kl4 .htt: zr, 6t as. Fe Fi EASEMENT DETAIL ITTA3Lar a inure. .1.1=05515 ARE SNOW MVP 10 a 10 3 1 se. 3 MTN 1110fit 551501510SEIQT23tdS MVO tei MT a( WNW NC 1,17,155515e5 Fecw0 5[0,1M =WOW 3.3.13.0,r LACS 0.145 0104.er.11.129 34, VC Put Washington County ZONED PF — PLIBIJC FACIIIIES Co GordeY Mien Linde- .1. R. Henderson 70151571 .51,011.111 7,051 7.2 Iticoshtrzelfen Cetuntv WAEMNGTON CN7T CIM AT C7DVTER CDR, 1,,SEC 27, T 2,9, R 21 I !;„ EMU 9 Lake Elmo City Council January 4, 2005 Agenda Section: Planning, Land Use & Zoning No. 9C Agenda Item: Community Development Block Grant 2005-2006 Background Information for January 4. 2005: At its meeting December 1, 2004 the Community Improvement Commission (CIC) considered alternative programs for inclusion in an application to Washington County for 2005-2006 competitive CDBG funding. The former County practice of allocating CDBG funding to all communities with eligible projects has been replaced by a 100% competitive process for those communities desiring CDBG funding. Funding decisions by the County for 2005-2006 will be based on priorities the County has established (on behalf of cities) that are in addition to all HUD eligibility requirements and CDBG funding priorities. Local prerogatives as to how CDBG funds are expended have essentially disappeared. The $700,000+ allocated by HUD for Washington County governments for 2005-2006 CDBG will be distributed only as the County desires. A major step backward as viewed by this City staff member. These are Federal "revenue sharing" formula dollars, not County -raised (or taxed) funds. The CIC advised staff that they prefer the City to apply for CDBG funding for Phase II of the Cimarron Gas Service Replacement Project. Phase I of that program — grants to income qualified Cimarron home owners to replace aged gas services — is in progress utilizing the $48,000 in CDBG allocated funding the City received for 2004-2005. Only a portion of the eligible homeowners can be served with the 2004-2005 program. We believe those remaining (of the 200 homes previously inspected, and found in need of gas service work) will be accommodated by the Phase II program. The CDBG application in the amount of $72,000 has been submitted to Washington to meet the December 17 filing deadline. The application is attached, and follows the direction of the CIC as to program content. City Council approval of the application by Resolution is hereby respectfully requested to complete the application process. Action items: 007 Motion to adopt Resolution #2005 — approving submission of the 2005-2006 Lake Elmo CDBG application. Attachments: 1. Draft Resolution #2005 —00-7 2. CDBG Application Person responsible; City Planner Time Allocated: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-007 A RESOLUTION AUTHORIZING THE 2005-2006 CDBG APPLICATION WHEREAS, the Lake Elmo City Council has authorized and directed the City's Community Improvement Commission to review priorities for the application of Lake Elmo's 2004 Community Development Block Grant allocation, and make its recommendations to the City Council regarding the content of the 2005-2006 CDBG Grant Application; and, WHEREAS, the Community Improvement Commission has reviewed the priorities for application of 2005 CDBG allocation funds, and provided its unanimous recommendation to the City Council to apply 100% of the 2005 CDBG allocation (estimated to be $72,000) to a continuation of the Cimarron Neighborhood Gas Service Rehabilitation Project. NOW, THEREFORE, BE IT RESOLVED, that the City Council concurs in the recommendation of the Community Improvement Commission regarding the 2005-2006 CDBG allocation application; and, authorizes and directs the Acting City Administrator to prepare and submit the 2005-2006 CDBG Application to Washington County responsive to this Resolution of the City Council. ADOPTED, by the Lake Elmo City Council on January 4, 2005. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator C J BG 0 E Application for Funds Washington County Community Services 2005 Community Development Block Grant (CDBG) and HO 1 Investment Partnership Program Funds Applicant Name: City of Lake Elmo Project Name: Cimarron Gas Service Rehab Phase 2 Total Funds Requested: $72,000 All proposals are due to Washington County Community Services no later than Friday, December 17, 2004 at 5:00 PM. Note: Documentation of approvals by governing boards will be accepted through January 3, 2005. Submit to: Diane Elias Washington County Community Services 14949 62nd Street North, PO Box 30 Stillwater, Minnesota 55082 Submit 5complete copies of the application and attachments The following items are to be submitted with your proposal. Please provide an explanation for any items not attached or not applicable. CDBG/HOME Application for Funds 7 Resolution or meeting minutes of governing body authorizing application for CDBG/HOME funds (if applicable). Note: These will be accepted through January 3,2005 Map indicating project location and benefit area, as appropriate. If a site has not yet been identified, please identify locations under consideration. For area benefit projects, indicate the service area boundary for the activity, including an explanation of how the service area was determined. Written financial commitments or letters of project support from other funding sources, as appropriate. 7 Confirmation of 501(c) (3) status for non-profit organizations. Other relevant information (please specify): fl 15 copies for Diane Elias. For questions regarding the CDBG program or for assistance in completing this application, contact Diane Elias at 651-430-8317 or through e-mail at diane.elias@co.washington.mn.us. 2 1. Applicant Information Applicant Name: City of Lake Elmo Contact - Name and Title: Chuck Dillerud, City Planner Address: 3800 Laverne Avenue City: Lake Elmo State/Zip: Minnesota 55042 Alternate Contact: Kim Schaffel H. Project Overview Title: Cimarron Gas Service Rehab Project Summary: Federal Tax ID Number: Phone: ( 651 ) 777-5520 Fax: ( 651 ) 777-9615 E-Mail: Chuck.Dillerud@LakeElmo.org Phone: ( 651 ) 777-5510 The 2005 project will be a continuation of the local grant program to low/mod manufactured housing owners in the Cimarron neighborhood to replace the natural gas service lines under/in their homes from the meter to the appliances. The City funded a 2003 inspection of the oldest 200+ of the manufactured homes in Cimarron (some about 40 years old), and determined that all or nearly all of the homes inspected showed signs of deterioration as well as non -code compliant installations of the gas service lines warranting replacement in a current code compliant manner. The City decided to focus the 2004 CDBG program on a grant program to assist low/mod income (most low or very low income) home owners with the costs of replacing the deteriorating gas lines. Vendor proposals for the replacement program will be solicited during he winter 2004-2005, and all work possible within the $48,000 CDBG allocation to Lake Elmo will be completed by early summer. It now appears that up to 90 homes can be addressed from the 2004 funding. The proposed 2005-2006 CDBG project will continue the grant program for gas service line replacement on the 110+ homes that will remain to be addressed from the inspection outcomes following the 2004-2005 first phase. Since not all homeowners will qualify for/or desire grant assistance, we anticipate that a 2005-2006 grant of $60,000 should complete the remainder of the group of 200 homes found earlier to be in need of gas service line replacement In addition, the 2005 Program will continue the inspection on the next tier (bv aee) of 200 manufactured homes. Location (include legal description of property, or property identification number, if available): Cimarron Manufactured Housing Neighborhood at the Corner of 10th Street North and Lake Elmo Avenue Activity Type: LI Acquisition of real property Public facilities and improvements Clearance and demolition Rehabilitation Cost and Schedule: Total Funds Requested: $ 72,000 Proposed Start Date: July 1, 2005 Commercial/industrial rehab Economic development Historic preservation Renovation of closed buildings LJ LI Relocation Slum and Blight Home Ownership Assistance Other Total Estimated Project Cost: $ 79,500 Proposed Completion Date: December 31, 2005 Int. Priority Need Choose the appropriate project category below. Check all categories that apply to that part of the proposed activity to be funded by CDBG/HOME Funds. All applications must address a medium or high priority need as identified in the Washington County Consolidated Plan. The Plan can be viewed at htto://www.co.washington.mn.us/info for residents/community services/housing. and. community development/. High priority needs will receive preference over medium priority needs. Note: For projects assisting current homeowners check the appropriate "Owner" category below. For projects assisting first-time homebuvers check the appropriate "Renter" category below. Housin - HIGH Priority n Renter, 2-4 persons related, very low income Renter, 2-4 persons related, low income Renter, 5 or more persons related, very low income Renter, 5 or more persons related, low income Renter, 5 or more persons related, moderate income Renter, elderly, 62 years or over, very low income Renter, elderly, 62 years or over, low income Owner, very low income Owner, low income Special populations (persons with mobility impairments; mental, physical or developmental disabilities; HIV/AIDS, alcohol or drug addictions that may require housing with supportive services) Community Development - HIGH Priority Parks / recreation facilities Water / sewer improvements Street improvements Sidewalks Sewer improvements Youth centers Housing - MEDIUM Priority, E Renter, 2-4 persons related, moderate income Renter, elderly, 62 years or over, moderate income Owner, moderate income Community Development - MEDIUM Priority Li LJ Neighborhood facilities Flood drain improvements Other infrastructure needs Crime awareness programs Other anti -crime programs Child care centers Senior centers Other senior projects Commercial / industrial rehab Parking areas (Note: parking areas are only funded when required as part of another activity addressing a high priority need) 4 IV. National Objective 5 To be eligible to receive funds, projects must address a National Objective as defined by the Federal Department of Housing and Urban Development. Choose the appropriate National Objective (A, B or C) and answer the questions related to the chosen objective. A. ❑ Benefit to Low and Moderate Income (LMI) Persons ❑ Area Benefit (An activity that benefits all residents in a particular area, where at least 38.8% of the residents are LMI.) a. Which census tracts / block groups are to be served by this project? Include a map of the service area. Tract 070402, Block Group 3 b. How many residents live in the service area? Approx. 1550 c. What is the percentage of LMI persons in the service area? (HUD LMI data is available from Washington County staff. Ca11 651-430-8317 for more information.) 42% d. What documentation was / will be used to determine the percentage of LMI persons in the service area? ❑ HUD / Census data ❑ Survey (If a survey will be used, please attach a draft.) ❑ Limited Clientele (An activity that benefits a limited number of people, of which at least 51% of those served are LMI.) a. How many persons do you anticipate serving in the upcoming year? b. How many LMI persons do you anticipate serving in the upcoming year? c. How many clients will be served with CDBG funds? d. Does this project benefit any specialized population such as: ❑ Disabled ❑ Elderly ❑ Homeless ❑ Other (Please explain) ❑ Housing An activity that provides or improves permanent residential structures. For rental units, one- and two -unit structures must be occupied by LMI households and three -plus unit structures must be occupied by 51% low/moderate income households. For owner occupied, 100% of the units must be sold to LMI households. ❑ Economic Development (An activity that creates or retains permanent jobs, of which, at least 51% must be made available to LMI persons and one must be created for every $25,000 in funds provided.) 2. How will this project principally benefit LMI residents of Washington County? A significantly higher percentage of Cimarron Neighborhood residents likely qualify as L/M than "Area Benefit" Block Group data suggests. In fact, it is also likely that this neighborhood also contains significant numbers of Low (and Very Low) income residents due to the relative affordability of the housing resource. The health, safety and peace -of -mind of the individual unit owners and that of those of the entire neighborhood will be enhanced by the outcomes of this project. 3. How many persons / households will benefit from this project? Up to 110 Households Very low-income beneficiaries (30% of Area Median Income or below) Estimate 25 Very Low Income Households Low-income beneficiaries (31-50% of Area Median Income) Estimate 85 Low Income Households Moderate -income beneficiaries (51-80% of Area Median Income) 4. How will the client / participant population be determined? ❑ Income Verification Provide a description of the procedures, policies and guidelines which will be used to collect and verify income. Attach forms your organization will use to collect required income data. (Note: Income verification is required for all housing activities.) ❑ Special Needs Population Special needs populations presumed to be principally low and moderate income include abused children, battered spouses, migrant farm workers, persons living with AIDS and persons which are elderly, severely disabled or homeless. ❑ Area -Wide Need Area benefits may be provided to residents within a specific, defined geographic area with a low -mod population no less than 38.3 percent. Describe how the project service area was determined. Include a map of the service area. Tract 070402, Block Group 3 (42% LMI) ❑ Other (please explain) B. ❑ Reduce or Eliminate Slum or Blight An activity that helps to prevent or eliminate slums and blighted conditions. Properties receiving funds under this category must ultimately be used for an activity that benefits LMI persons. 1, ❑ Area Basis: Activities that target a designated area. (Please include a census tract map indicating the slum/blight area.) 2. ❑ Spot Basis: Activities that target a specific site that may or may not be in a slum or blighted area. (Please attach a location map and photos of the site.) 3. Briefly explain how the elimination of blight will be accomplished. How was blight determined? C. ❑ Urgent Community Need (Activities that address an unforeseen situation that has occurred within the last 6-12 months, that poses a serious and immediate threat to the health or welfare of the community, and for which no other financial resources are available to meet such need. 1. Briefly explain the nature of the need, how it affects the community (threats to health or welfare), and timing (when did the situation originate; when did it become serious). This project also qualifies as meeting a Urgent Need based on the potential for gas -related incidents. The inspections that were carried out in 2004 have confirmed that serious deterioration and improper gas service line installations are common with this oldest grouping of homes. 7 Narrative On a separate page, please address the following: A. Project Need and Impact - How does the need for the proposed activity compare with other human / infrastructure needs? - How was the need for this project determined? - Is it a local priority? - How will Washington County residents benefit from this project? - How will the project be affected if funding is not provided at the requested level? - Attach any third party materials which document the need for this project (feasibility studies, market research, waiting lists, planning reports, etc.). B. Immediacy - Describe any site selection, policy, regulatory, marketing or other steps that will be necessary once CDBG funds are available. - Is all the necessary financing in place? What other sources of funding are being considered for this project? - How soon will CDBG funds be spent? Include a drawdown / spending schedule. C. Management Capacity - How will this project and expenditure of funds be managed? - Describe the roles / responsibilities of individuals involved in project implementation? - Who will be responsible for income verification / documentation? - Will any portion of the project be subcontracted to another organization or firm? 8 Total Project Cost: Total Funds Requested: $ 79,500 $ 72,000 Source of Funds (Include cash and in -kind) In- Kind Administrative Services — City of Lake Elmo Request of funds as % of Total Cost: 91% Amount $ 7,500 $ Total: $ 7,500 Expenses (please itemize*) Requested Gas Service Replacement Grants to LMI Residents $ 72,000 Program Administration — City In -Kind $ 7,500 Total: $ 79,500 * Itemize project expenses, using the following as applicable to your project: Committed 7,500 9 Committed 9 Committed 9 Committed 9 Committed 9 Committed $7,500 Other Pending 9 Pending 9 Pending 9 Pending 9 Pending 9 Pending 9 Pending TOTAL $ 72,000 $ 7,500 $79,500 Acquisition and Improvement Costs Purchase price, closing costs, site improvements, clearance of toxic contaminants, etc. Construction/Rehabilitation Costs Site improvements, construction (labor, materials and supplies), installation, permits, etc. Professional Fees and Personnel Costs Architectural, engineering and code inspection fees, surveys, appraisals, legal fees, hazardous materials surveys, project management, etc. Other Development Costs Relocation, financing costs, environmental reviews, environmental studies, etc. 9 �iean�`=tAutl�ariz�a I certify that the information contained in this application is true and correct and that it contains no misrepresentations, falsifications, intentional omissions, or concealment of material facts. I further certify that no contracts have been awarded, funds committed or construction begun on the proposed project, and that no contracts will be awarded, funds committed or construction begun prior to receipt of a `Notice to Proceed' from Washington County. Signature of Authorized Official Name of Authorized Official Title Date Applications submitted by cities or townships must be signed by the mayor, town board chair, or city manager and must be authorized by the city council or town board. Applications submitted by nonprofit organizations must be signed by an authorized representative and must be authorized by the governing board. A copy of the meeting minutes or the resolution authorizing the project must be submitted with the application. 10 Lake Elmo — Background for 2005 CDBG Application The 2005 Lake Elmo CDBG Program will be a continuation of the 2004 Program for the Cimarron Manufactured Housing Neighborhood. This 505 home neighborhood constructed in the late 1960's in East Oakdale Township; and, was incorporated into the City of Lake Elmo later - at the time that the City and Township were legally combined to form the City as it exists today. The site is privately owned, with self-contained central water supply and central wastewater treatment systems. Cimarron was originally designed and constructed as a freestanding project with (then) state-of-the-art affordable housing units ("Movillas") that were architecturally custom- designed for this neighborhood, but resembled standard manufactured housing structurally. Over the ensuing 40 years many (but not all) of the original Movilla units have been replaced on the site by conventional manufactured housing units. A primary infrastructure concern of the City (and its Fire Department), the park owner and many of the park residents continues to be the condition of the private gas line connections to the individual manufactured housing units. While this private utility infrastructure component is usually inspected and renewed as units are exchanged on the sites, many sites have units where those connections that have neither been inspected nor renewed for nearly 40 years; and, many more for a decade or more. Two potential issues are of particular concern to all parties: 1. While manufactured housing units are well anchored to resist major movements, there remain undetected movements of every manufactured housing unit that are not found with footings -supported housing. Deterioration of gas (and other utility connections) will be a more likely under those circumstances. 2. Over the past several decades successive owners of the units have modified gas service piping and valving to suit their purposes — without permits or inspections. 3. The "spot" housing unit density of the Cimarron Neighborhood is well in excess of a conventional housing development at least a suburban neighborhood. While a gas related incident may be devastating for one or two adjacent homes in a conventional neighborhood, it is likely that the same incident would affect several homes in a manufactured housing environment. CDBG Programs funded with earlier Lake Elmo CDBG Grant funds designated for Cimarron Neighborhood Projects undertook the following tasks: 1. From City Records, the age structure of all private gas connections within the 505 unit Cimarron Neighborhood was determined. City staff will undertook this task using historic City (and Township) paper records. The purpose of this task was to determine the relative priority of units for inspection and renewal — oldest of highest priority. 2. Using the unit priority list generated by Task #1, the City contracted with a qualified gas installation inspector to review individual units for gas connection integrity. The outcomes of this inspection program were reported with the CDBG project close-out documentation submitted the County. Based on the inspection of the oldest 200+ units in Cimarron it was found that there were significantly more problems of gas service deterioration, improper initial installations, and potentially dangerous modifications to those services than had been anticipated. Virtually all of the 200+ units inspected were found to have gas service line safety issues in need of mitigation. In most cases the entire gas service line run from meter to appliances was found to be deficient and potentially dangerous to occupants and surrounding units. While the City's intent was to utilize the 2004 CDBG allocation to continue the gas service inspection program to the remaining units of Cimarron, review of the report of inspections to date by the City Community Improvement Commission resulted in a recommendation to the City Council to modify the 2004 Program to immediately begin replacement of the gas services found to be deficient. Recognizing that the majority of the Cimarron residents (particularly those occupying the older units) were either of low or very low incomes, the 2004 CDBG allocation was designated as a City —administered grant program to insure all residents (regardless of personal resources) would undertake the necessary corrections to their gas services — essentially replacement from meter to appliances. Since most of the work necessary to accomplish the gas service replacements is under the units, moderate weather is required to complete the work. The City has established a schedule that will complete all of the contractor selection and necessary ordinance amendments that are prerequisites to this work during the 2004-2005 winter months, with the work to be initiated in Spring 2005. Work should be completed in 60-90 days. We presently estimate that the necessary replacements will run S500 per unit. Grant funds will be available to complete as many as 90 units occupied by low and very low income owners. 2005 Lake Elmo CDBG Proerant Description The 2005 Lake Elmo CDBG Program will be to continue the grant program for gas service replacements in the Cimarron Manufactured Housing Neighborhood. Over 100 units of the 200+ units that were initially inspected and found to be in need of gas service mitigation will remain to be addressed after the 2004 grant program funds are exhausted by mid 2005. The problems already identified with those units will remain unresolved (except those in units where the owners have the means to themselves contract and pay for the work — few, we expect). The City will, by the Julyl, 2005 CDBG new program year for which this application is made, have substantial experience with the gas service line grant program and the resulting work. The movement into the 2005 program should be essentially seamless. The proposed 2005 Lake Elmo CDBG Program consists of continuation of the gas service replacement grant program initiated by the 2004 Program to as many as 100 additional units — essentially completing the replacement work found to be required by the earlier inspection of the 200+ oldest Cimarron units. Grant funding requested - $72,000. The local "in -kind" administrative services match for program management will be S7,500. Since the 2005 Cimarron program will have a "running start" from the on -going 2004 Program, we anticipate completion of the replacement work and new inspections by 12/31/05. Project Need and Impact The City's priorities and strategy for CDBG programs are annually reviewed and recommended to the City Council by the City's Community Improvement Commission. It is that body (the Commission) that considers the City's human/infrastructure needs and assigns local priorities for CDBG (and other) local initiatives. The Commission both recommended the change of focus for the 2004 program (from that assumed prior to the receipt of the inspections), and specifically recommended the 2004 and 2005 CDBG programs by the City be directed to fixing the obvious public health and safety issue in Lake Elrno's (and one of Washington County's) largest concentration of very low, low, and moderate home owners. As noted above, one of the County's largest concentrations of low/mod homeowners will benefit from this project. Owner occupied housing for low/mod residents remains in particular short supply in the eastern portions of the County. Preservation of the health/safety of the Cimarron housing resource would appear to be an important County consideration for funding. Cimarron is as much a County housing asset as it is a City housing asset. Should this application not be funded, the probability that as many as 100 Cimarron units (and likely more — subject to the inspections proposed) will remain a potential hazard to themselves and their neighbors is substantial. Every year that is lost for lack of funding is a year more of gas service line deterioration — particularly with the oldest 200 units in the neighborhood. Immediacy See 2005 Program Description above. Management Capacity The project and expenditures will be managed by existing City staff. The overall project management responsibility will be assigned to the City Planner/Assistant City Administrator, with a member of the City Support Services Staff (Kim Schaffel) providing day-to-day services to the program. The City may contract for income verification services from the Washington County HRA, should individual family income verification be required. Citizen Participation Citizen participation has been the key ingredient leading to the present Cimarron Private Utilities project, and the proposed 2004 continuation and possible broadening of that project. At the meeting of the County Board at which the 2000-2003 Lake Elmo CDBG Program was approved a resident of the Cimarron Neighborhood addressed the Board endorsing the partial allocation of those funds to a Cimarron project that was then not well defined, She noted the importance of Cimarron as one of the few housing resources remaining in Washington County and Lake Elmo available to families of Moderate, Low and Very Low incomes. She also noted that Cimarron was nearing 40 years of age, and work was likely necessary if it was to remain a viable housing resource. She concluded that most of the Cimarron residents were proud of their neighborhood, and feared that the resource may be lost to the County unless the City contributed to efforts to maintain the neighborhood's viability. During 2003 the Lake Elmo City Council officially formed the Lake Elmo Community Improvement Commission by Resolution. One of the clearly understood charges to this new citizen advisory body was to better address the needs/concerns of the needs/concerns of the Cimarron Neighborhood. Two of the five initial members of the Community Improvement Commission represent the Cimarron Neighborhood (one as a resident, and the other as a representative of Project ownership). It has been this advisory Commission to the City Council that has both created the present natural gas connections inspection program; and which has recommended 2004 Lake Elmo CDBG funding be allocated to continuation of that program; and, possible transition to a grant program to assist Low and Very Low income Cimarron Neighborhood property owners to make the required gas connection improvements. Lake Elmo City Council January 4, 2005 Agenda Section: CITY ADMINIST TOR'S REPORT No. 11. A. Agenda Item: Met Council Discussion/Negotiations Background Information: Over the last several months the city has been negotiating with the leadership of Met Council subsequent to the Supreme Court ruling and supportive meetings with the Governor and his staff. As discussed in an earlier report, the negotiations had been off track due to election activities and results. A meeting was scheduled for last week however, due to illness the meeting had to be cancelled. New dates have been identified but not yet confirmed. Mayor elect Dean Johnston has requested the City Council confirm by motion the Met Council Negotiating Team as: Chuck Dillerud, Dean Johnston, and Martin Rafferty with Mayor Johnston as Chair. The Team would report to the progress to Council at each meeting as appropriate. As you know, all settlements with the Met Council could be approved by a majority vote of the Lake Elmo City Council. Person responsible: Action Items:. A motion establishing the official negotiation team. Martin Rafferty, Administrator Attachments: