HomeMy WebLinkAbout11-15-2011 CCMPCity of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, Minnesota
November 15, 2011
7:00 p.m.
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE:
C. ATTENDANCE: Johnston Emmons, Park Pearson Smith
D, APPROVAL OF AGENDA: (The approved agenda is the order in which the City
Council will do its business.)
E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings
so everyone attending the meeting or watching the meeting understands how the
City Council does its public business.)
F. GROUND RULES: (These are the rules of behavior that the City Council
adopted for doing its public business,)
G. ACCEPT MINUTES:
1. Accept November 1, 2011 City Council Minutes
H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to
speak to the City Council is treated the same way, meeting attendees wishing to
address the City Council on any items NOT on the regular agenda may speak for
up to three minutes.
. CONSENT AGENDA: (Items are placed on the consent agenda by City staff and
the Mayor because they are not anticipated to generate discussion, Items may be
removed at City Council's request.)
2. Approve payment of disbursements and payroll
3. Kindred Court Drainage Corrections -Final Payment
4. 2011 Crack Seal Project - Final Payment
5. Special Event Permit Ordinance — Clarification & Revision Concerning Event
Duration
6. GASB Statement 54 Implementation
REGULAR AGENDA:
7. Interim Use Permit for Lake Elmo Sod Farm— Christmas Tree Sales Lot
8. Interim Use Permit for Krueger Christmas Tree Farm — Allow the
Supplemental Sales of Trees Grown On -Site
9. Planning Services — Interim Proposal During Vacancy of City Planner
Position
10. Designation of Interim City Clerk
11. Interim Finance Director
12. Mayor & City Council Salaries
13. Authorize Soil Borings for 2012 and 2013 Street Improvements
14. Well No. 4 Test Well — Preparation of Plans and Specifications
15. Library Matters
K. REPORTS AND ANNOUNCEMENTS:
(These are verbal updates and do not have to be formally added to the agenda.)
• Mayor and City Council
* Administrator
• City Engineer
• City Attorney
• Planning Director
L. Adjourn
EXECUTIVE SESSION: 3M Litigation and Land Detachment Litigation
CLOSED MEETING: City Administrator Candidate Selection
**A social gathering may or may not be held at the Lake Elmo Inn following the
meeting. **
City of Lake Elmo
City Council Minutes
November 1, 2011
Mayor Johnston called the meeting to order at 7:00 p.m.
PRESENT: Mayor Johnston and Council Members Emmons, Pearson and Smith
Absent: Council Member Park
Also Present: Interim Administrator Dawson, City Engineer Griffin, Attorney Snyder,
Planning Director Klatt and City Clerk Lumby.
APPROVAL OF AGENDA:
MOTION: Council Member Pearson moved to approve the November 1, 2011 City
Council agenda, as amended by adding Item #17 Extension of Scope of Services by C&J
Consulting Services. Council Member Smith seconded the motion. The motion passed 4-
0.
ACCEPTED MINUTES:
The City Council accepted the October 18, 2011 City Council Meeting Minutes, as
arn ended.
PUBLIC COMMENTS/INQUIRIES:
MOTION: Cbuncil Member Smith moved to_promote Larry Cornell and Peter Ziemer
from Probation to Firefighter on the Lake Elmo Fire Department. Council Member
Emmons seconded the motion. The motion passed 4-0.
CONSENT AGENDA:
MOTION: Council Member Smith moved to approve Consent Agenda. Council Member
Pearson seconded the motion. The motionpassed 4-0.
• Approve payment of disbursements and payroll in the amount of $250,084.15
• Adopt Ordinance No. 08-050, An Ordinance to Allow the City Council to extend
"No -Wake" requirements under the Water Surface use Ordinance.
• Approve Partial Payment No. 2R1 in the amount of $45,692 to be paid from the
Project Fund for the 2011 Seal Coat Project
• Accept extension letter submitted Mr. Durand for Variance Application at 2860
Lake Elmo Avenue N.
• Adopt Resolution No. 2011-049 approving 2012 Utility Assessment Roll for
Delinquent Storm Water
• Receive General Fund Report for 3rd Quarter, 2011
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 2011
(.1
REGULAR AGENDA:
Consider an application for a variance to permit the construction of a screen porch at
2679 Legion Avenue N.
The City Council was asked to consider a variance application from Alan and Ralea
Kupferschmidt, to allow the construction of an expanded screen porch to the south side of
their home at 2769 Legion Avenue North. A variance has been requested because their
lot abuts a dedicated, but unimproved publicly dedicated road right-of-way with
significant City infrastructure. This lot is considered a corner lot and is subject to a 25
foot corner, side yard setback instead of the 10-foot setback if the propel ty was adjacent
to another residential property line. They are proposing to encroach no closer than 15-
feet to this southern property line where the 25 foot setback is applied.
MOTION: Council Member Pearson moved to approve Resolution No. 2011-52
approving the 10-foot variance to the southern property line requested for 2769 Legion
Avenue North. Council Member Smith seconded the motion. The motion passed 4-0.
Resolution No. 2011-051 drafted by City Attorney re:library associated status
w/Washington County Library System
The City Council directed a resolution be prepared laying out the reasons for and
requesting associate library status with the Washington County Library System. Council
requested that this resolution be scheduled for consideration at its November ls' meeting.
Assistant City Attorney Kevin Sandstrom drafted the proposed Resolution.
MOTION:. Council Member Pearson moved to adopt Resolution No. 2011-051, as
amended, requesting association between the City of Lake Elmo Library and the
Washington County Library System, Mayor Johnston seconded the motion. The motion
passed 4-0.
Reconsideration of Appointments to Library Board
Mayor Johnston requested reconsideration of the appointments made to the Library
Board to ensure that a member of the City Council serves on the initial five -member
Board. Staff reminded Council that its resolution establishing the Board allows for one
Council member to serve on the Board, and thus may provide a direct link between the
Council and the Board. None of the Board members or alternates have been sworn -in
and officially performing his or her duties. Swearing -in will occur on the first meeting of
the Board, which is scheduled for November 9, 2011.
Based on the Library Board By -Laws, the Lake Elmo Library Board will be a governing
board rather than an advisory board. This was a surprise to some Council Members;
therefore; Council discussed increasing its involvement on the Board and looking into
ways the Board could function more as an advisory board.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 2011 2
MOTION: Mayor Johnston moved to appoint Mike Pearson to a two-year term on the
Library Board and remove the nomination of Larry Green, Council Member Pearson
seconded the motion. The Motion passed 4-0.
Lake Elmo Library — Cost Estimate for 2012 by Location
According to statutes regarding Library Boards, the Board has responsibility if it chooses
to rent space or request to use existing public facilities. The Council directed preparation
of estimated to operate the library in either the Art Center or the existing Rosalie A. Wahl
library building,
Craig Dawson, Interim City Administrator reported the major difference in the cost
estimates between the facilities is on -going rent for the Rosalie A. Wahl Library facility.
While the estimates show the Art Center to be more expensive in the first year, it annual
cost would be reduced by the $31,800 in structural improvements needed there for 2012.
MOTION: Council Member Emmons moved to consider:
• Joint meetin with the Library Board at its scheduled meeting at 7:00 p.m,
November V'
• Explore ways for the Library Board to function more as an advisory board rather
than an autonomous governing board
• Expedite a meeting between Washington County and the Council's Library
Subcommittee (Mayor Johnston and Council Member Pearson) to gain an
associate/affiliate status with Washington County Library
• The Art Center is the preferred location for the library, provided that sufficient
construction cost reductions can be achieved, with the current library location as
the fall -back site for the library
• Look at reductions in three costs areas that may achieve $60, 000 less in
expenditures in 2012
• Prefer that the Library's budget include a designation of 10 percent offunds for
future site acquisition, and 5 percent for contingency
Council Member Pearson seconded the motion. The motion passed 3-1 (Council Member
Smith voting against.)
Sneeial Event Permit Ordinance
The City Council considered adopting a new ordinance to regulate special events within
the City, The Council reviewed a revised ordinance at its September 13, 2011 workshop
and at that time, direct staff to prepare the ordinance for consideration at a future
meeting. The requested revisions have been made and the ordinance was presented for
formal Council action.
Based on the discussion at the workshop meeting, Planning Director Klatt made two
significant changes to the ordinance as follows:
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 2011
• A minimum threshold of 100 people per day has been established in order for an
event to quality as a "Special Event" under the ordinance.
• The process for an administrative review and'approval has been removed so that
all permits are now subject to review and approval by the City Council.
Kyle Klatt explained a Special Event Permit is intended to provide some regulation of
temporary events on a case -by -case basis and is intended to promote the orderly,
compatible, and safe use of property for temporary special events and to assure adequate
provisions of parking, traffic, sanitary facilities, utilities, public safety services and peace
and tranquility of residential neighborhoods.
Using Country Sun Farms as an example, Klatt clarified as the way this ordinance is
written, the concept for allowing special activities for Agricultural Sales applies only to
Ag Sales and would not apply to Ag Entertainment that takes place on premises.
Country Sun Farm has an Interim Use Permit for Ag sales and Ag Entertainment. They
would have to apply for a Special Use Permit for Non-Ag Sales and meet the criteria for
approval.
MOTION: Council Member Pearson moved to adopt Ordinance No. 08-054 adding
Temporary Special Event Permits. Council Member Emmons seconded the motion. The
motion passed 4-0.
MOTION: Council Member Pearson moved to adopt Resolution No. 2011-054 for
publication. Council Member Emmons seconded the motion. The motion passed 4-0.
2012 Capital Improvement Plan CIP — Discussion on Major Projects
Jack Griffin, City Engineer, presented an overview of major Capital Improvement
Projects scheduled for 2012 construction.
Major infrastructure projects planned for 2012 include (per the 2011-2015 CIP):
• 2012 Street & Water Quality Improvements
• 2012 MSA Street Improvements (Keats Avenue N.)
• Keats Avenue N. Trunk Watermain
2011 CIP projects NOT completed in 2011 include:
• Well and Pumphouse No. 4
• 194 to 30th Street Trunk Sewer Project
A final version of the 2012-2016 CIP will be brought forward for Council approval at a
future meeting.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 2011 4
Health Insurance Funding
The City Council decided that the City's cost for employee health insurance would not
increase from 2011-2012. It identified $16,000 to be used for specific one-time salary
adjustments with the overriding concern that it enhances the ability of the City to retain
and recruit employees for those positions. The City has received quotes for insurance
plans, and City employees have indicated their preference for one that would increase the
City's costs $3,114 over 2011. The Council was asked to approve participation in the
Blue Cross Blue Shield Aware Gold plan through the Southwest West Central Service
Cooperative.
MOTION: Council Member Pearson moved to authorize renewal of employee health
insurance for 2012 through the Southwest/West Central Service Cooperative and to
select the Blue Cross Blue Shield Aware Gold Plan. Council Member Emmons seconded
the motion. The motion passed 4-0.
Cancel November 8th Council Workshop due to School Election
MOTION: Council Member Emmons moved to cancel the November 8Th Council
Workshop due to the scheduled School Elections on that date. Council Member Pearson
seconded the motion. The motion passed 4-0.
Extension of Scope of Services by C&J Consulting Services, LLP
The Finance Department (Interim Finance Director and C&J Consulting Services, the
support services contractor) have reviewed the scope of services performed. Some
shifting of clerical work among the C&J staff and the addition of analytical/project
management functions would provide the most cost-effective arrangement to handle the
work necessary in the Finance Department. The additional services will be assigned by
the Interim Finance Director as needed,
MOTION: Council Member Emmons moved to approve the modification of the contract
between the City and C&J Consulting Service, LLP per its proposal dated October 31,
2011, Council Member Pearson seconded the 'notion. The motion passed 4-0.
REPORTS:
Council Member Pearson suggested the Planning Commission review signage in the
downtown area. Planner Klatt responded signage will be reviewed when the Old Village
standards are developed
Planning Director Kyle Klatt will provide information at the next meeting on planning
services to assist the planning department due to the departure of Planner Matzek,
The Council adjourned the meeting at 10:10 p.m.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 2011
CITY OP
LAKE
ELM 0
AYOR & COUNCIL COMMUNICATION
DATE: 11/15/2011
CONSENT
ITEM #: 2
MOTION as part of Consent Agenda
AGENDA ITEM: Approve Disbursements in the Amount of $ 185,992.48
SUBMITTED BY: Joe Rigdon, Interim Finance Director
THROUGH: Craig Dawson, Interim City Administrator
REVIEWED BY: Joan Ziertman, Finance Consultant
SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council
is asked to approve disbursements in the amount of $185,992.48 No specific motion is needed, as
this is recommended to be part of the overall approval of the Consent Agenda.
BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and
responsibility to conduct normal business operation. Below is a summary of current claims to be
disbursed and paid in accordance with State law and City policies and procedures.
Claim # Amount r Description
ACH $ 10,549.35 PayrollTaxes to IRS 11/3/2011
ACH $ 2,267.81 Payroll Taxes to MN Dept. of Revenue 11/3/2011
ACH $ 4,177.55
DD3630 — DD3669 $ 22,102.98
37675 - 37690 $ 16,859.24
37691 — 37765 $ 130,035.55
TOTAL 185,992.48
Payroll Retirement to PERA 11/3/2011
Payroll Dated 11/3/2011 (Direct Deposit)
Payroll Dated 11/3/2011 (Payroll A/P)
Accounts Payable Dated 11/15/2011
STAFF REPORT: City staff has complied and reviewed the attached set of claims. All appears
to be in order and consistent with City budgetary and fiscal policies and Council direction
— page 1 —
City Council Meeting Approval of Disbursements
October 18, 2011 Consent Agenda Item #2
RECOMMENDATION: It is recommended that the City Council approve as part of the
Consent Agenda proposed disbursements in the amount of 185,992.48
Alternatively, the City Council does have the authority to remove this item from the Consent
Agenda or a particular claim from this item and further discuss and deliberate prior to taking
action. If done so, the appropriate action of the Council following such discussion would be:
"Move to approve the November 15, 2011, Disbursements as
Presented [and modified] herein."
ATTACHMENTS:
1. Accounts Payable Dated 11/15/2011
SUGGESTED ORDER OF BUSINESS (if removed from the Consent Agenda):
- Questions from Council to Staff ...... .........,.................. ..... Mayor Facilitates
Call for Motion Mayor & City Council
Discussion Mayor & City Council
Action on Motion... ....... . ...... ..................... .................... ..... . Mayor Facilitates
-- page 2 --
Accounts Payable
To Be Paid Proof List
User: joan z
Printed: 11/10/2011 - 2:08 PM
Batch: 005-11-2011
Invoice # Inv Date
Amount Quantity Pmt Date Description Reference
Task Type PO # Close POLine #
10000 10,000 Lakes Chapter
11/08/2011 11/08/2011 210.00 0.00 11/18/2011 Training Conference - No 0000
101-420-2400-44370 Conferences & 'Training
11/08/2011 Total: 210.00
10000 Total: 210.00
ADKINS Adkins Marion
11/10/2011 11/10/2011 25.01 0.00 11/15/2011 Refund Overpayment of SW No 0000
603-000-0000-37100 Surface Water Utility Sales
11/10/2011 Total: 25.01
ADKINS Total: 25.01
AIRGAS Airgas North Central
105886849 10/31/2011 24.75 0.00 11/18/2011 Tank Lease No 0000
101-430-3100-43150 Contract Services
105886849 Total: 24.75
AIRGAS Total: 24.75
ALLIED Allied Electrical Cont., Inc.
2195 10/25/2011 543.00 0.00 11/18/2011 Repair Lights at Station #1 No 0000
101-420-2220-44010 Repairs/Maint Bldg
2195 Total: 543.00
ALLIED Total: 543.00
ALLSEASO All Seasons Roofing & Construe
10/24/2011 10/24/2011 5,270.00 0.00 11/18/2011 Park Shelter roof No 0000
401 480-8000-45300 Improvements Other Than Bldgs
10/24/2011 Total: 5,270.00
ALLSEASO Total: 5,270.00
AP - To Be Paid Proof List (11/10/11 - 2:08 PM)
Page 1
Invoice # Inv Date
Amount Quantity Pmt Date Description Reference
Task Type PO # Close POLine #
ANCOM ANCOM COMMUNICATIONS, INC.
21372 03/24/2011 9.50 0.00 11/18/2011 Missed Paying Shipping on invoice No 0000
101-420-2220-43230 Radio
21372 Total: 9.50
ANCOM Total: 9.50
ANDERNIC Nicholas Anderson
11/07/2011 11/07/2011
101-410-1450-43620 Cable Operations
11/07/2011 Total:
ANDERNIC Total:
55.00 0.00 11/18/2011 Cabled PZ Meeting 11/7/11 No 0000
55.00
55.00
ARAM Aramaic Inc.
629-7335461 10/27/2011 21.71 0.00 11/18/2011 Uniforms - No 0000
101-430-3100-44170 Uniforms
629-7335461 Total: 21.71
629-7357248 11/08/2011 93.78 0.00 11/18/2011 Monthly Rug Service, Station #2 No 0000
101-420-2220-44010 Repairs/Maint Bldg
629-7357248 Total: 93.78
629-7357249 11/08/2011 92.92 0.00 11/18/2011 Monthly Rug Service, Station #1 - No 0000
101-420-2220-44010 Repairs/Maint Bldg
629-7357249 Total: 92.92
629-7360375 11/03/2011 21.71 0.00 11/18/2011 Uniforms No 0000
101-430-3100-44170 Uniforms
629-7360375 Total: 21.71
629-7362215 11/08/2011 128.53 0.00 11/18/2011 Linen City Hail No 0000
101-410-1940-44010 Repairs/Maint Contractual Bldg
629-7362215 Total: 128.53
629-7362216 11/08/2011 64.66 0.00 11/18/2011 Linen Annex - No 0000
101-410-1940-44010 Repairs/Maint Contractual Bldg
629-7362216 Total: 64.66
ARAM Total: 423.31
BROCK BROCK WHITE CONSTRUCTION
12155854 10/27/2011
603-496-9500-42270 Utility System Maint Supplies
12155854 Total:
BROCK Total:
375.00 0.00 11/18/2011 Erosion Logs
375.00
375.00
No 0000
BRYAN Bryan Rock Products, Inc.
61372 10/31/2011 621.60 0.00 11/18/2011 Red ball Field Aggregate VFW No 0000
101-450-5200-42250 Landscaping Materials
AP - To Be Paid Proof List (11/10/11 - 2:08 PM) Page 2
Invoice # Inv Date
Amount Quantity Pint Date Description Reference
61372 Total: 621.60
BRYAN Total: 621.60
Task Type PO # Close POLine #
C&J CONS C & J Consulting Services, LLP
Oct 2011 11/01/2011 4,625.00 0.00 11/18/2011 Monthly Accounting Services - Oct No 0000
101-410-1520-43150 Contract Services 2011
Oct 2011 Total: 4,623.00
C&J CONS Total: 4,625.00
CENCOLLE Century College
436559 10/17/2011 238.00 0.00 11/18/2011 B. Sachs, Safety Officer/Code - No 0000
101-420-2220-44370 Conferences & Training Violations
436559 Total: 238.00
436564 10/17/2011 118.00 0.00 11/18/2011 Malmquist, Turkowski, Pub Safety Inst - No 0000
101-420-2220-44370 Conferences & Training
436564 Total: 118.00
437213 10/17/2011 300.00 0.00 11/18/2011 Klein, Public Safety Instructor No 0000
101-420-2220-44370. Conferences & Training
437213 Total: 300.00
437457 10/17/2011 300.00 0.00 11/18/2011 Olson, Public Safety Instructor No 0000
101-420-2220-44370 Conferences & Training
437457 10/17/2011 359.00 0.00 11/18/2011 Cornell, Public Safety Inst/Code Viol - No 0000
101-420-2220-44370 Conferences & Training .
437457 Total: 659_00
CENCOLLE Total: 1,315.00
COM-CAST COMCAST
10/27/2011 10/27/2011 7.90 0.00 11/18/2011 Monthly Service No 0000
101-420-2220 11300 Miscellaneous
10/27/2011 Total: 7.90
COMCAST Total: 7.90
COMPENSA Compensation Consultants, Ltd
Aug 11 08/01/2011 40.00 0.00 11/18/2011 Monthly FSA Admin Fee August 2011 - No 0000
101-410-1320-44300 Miscellaneous
Aug 11 Total: 40.00
COMPENSA Total: 40.00
CORNE Cornerstone Land Surveying, In
7676 10/15/2011 490.00 0.00 11/18/2011 Land Survey Lake Elmo Annex - No 0000
101-410-1910-43150 Contract Services
AP - To Be Paid Proof List (11/10/11 - 2:08 PM)
Page 3
Invoice # Inv Date
Amount Quantity Pmt Date Description Reference
7676 Total: 490.00
CORNE Total: 490.00
Task Type PO # Close POLine #
COVERALL Coverall of The Twin Cities
7070171793 11/01/2011 321.38 0.00 11/18/2011 Cleaning City Hall & Annex No 0000
101-410-1940-44010 Repairs/Maint Contractual Bldg
7070171793 Total: 321.38
COVERALL Total: 321.38
CTYBLOOM City of Bloomington
October 2011 10/31/2011 110.00 0.00 11/18/2011 Lab Bacteria Tests No 0000
601-494-9400-42270 Utility System Maintenance
October 2011 Total: 110.00
CTYBLOOM Total: 110.00
CTYROSEV City of Roseville
215301 11/02/2011 1,551.58 0.00 11/18/201I Monthly IT Services - November 2011 - No 0000
101-410-1450-43180 Information Technology/Web -
215301 Total: 1,551.58
CTYROSEV Total: 1,551.58
DUERSCHE Duerschel Jon
Sept 2011 09/30/2011 400.00 0.00 11/15/2011 40' of 6" Curb No 0000
101-430-3120-43150 Contract Services
Sept 2011 Total: 400.00
DUERSCHE Total: 400.00
ECKBERG Eckberg Lamers Briggs Wolff
10-2011 10/31/2011 3,896.60 0.00 11/18/2011 Legal Services -Prosecution - No 000 1'7'-''N-
101-420-2150-43045 Attorney Criminal
10-2011 Total: 3,896.60
115510 10/31/2011 9,595.91 0.00 11/18/2011 Legal c - Civil - No 0000
101-410-1320-43040 Legal Services
115510 Total: 9,595.91
ECKBERG Total: 13,492.51
EJ-BBJOR Bjorkman Barb
Precinct 1 11/08/2011 80.00 0.00 11/18/2011 Precinct 1 Election Judge No 0000
101-410-1410-43150 Contract Services
Precinct 1 Total: 80.00
AP - To Be Paid Proof List (1 I/10/11. - 2:08 PM) Page 4
Invoice # Inv Date
Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine #
EJ-BBJOR Total: 80.00
EJ-BSCHU Schumacher Bob
Precinct 1 11/08/2011 80.00 0.00 11/18/2011 Precinct l Election Judge No 0000
101-410-1410-43150 Contract Services
Precinct 1 Total: 80.00
EJ-BSCI-iU Total: 80.00
EJ-BWACK Wacker Bill
Precinct 1 11/08/2011 80.00 0.00 11/18/2011 Precinct 1 Election Judge No 000C
101-410-1410-43150 Contract Services
Precinct 1 Total: 80.00
EJ-BWACK Total: 80.00
EJ-BWEEK Weeks Bruce
Precinct 1 11/08/2011 70.00 0.00 11/18/2011 Precinct 1 Election Judge No 0000
101-410-1410-43150 Contract Services
Precinct 1 Total: 70.00
EJ-BWEEK Total: 70.00
EJ-DALLE Allen Diane
Precinct 1 11/08/2011 70.00 0.00 11/18/2011 Precinct 1 Election Judge No 0000
101-410-1410-43150 Contract Services
Precinct 1 Total: 70.00
EJ-DALLE Total: 70.00
EJ-DMEYE Meyer Don
Precinct 1 11/08/2011 70.00 0.00 11/18/2011 Precinct 1 Election Judge No 0000
101-410-1410-43150 Contract Services
Precinct 1 Total: 70.00
EJ-DMEYE Total: 70.00
EJ-JALLE Allen Jim
Precinct 2 11/08/2011 178.50 0.00 11/18/2011 Precinct 2 Election Judge No 0000
101-410-1410-43150 Contract Services
Precinct 2 Total: 178.50
EJ-JALLE Total: 178.50
AP - To Be Paid Proof List (11/10/11 - 2:08 PM)
Page 5
Invoice # Inv Date
Amount Quantity Pmt Date Description Reference
Task Type PO # Close POLine #
EJ-JKIEG Kiefner Jan
Precinct 2 11/08/2011 80.00 0.00 11/18/2011 Precinct 2 Election Judge No 0000
101-410-1410-43150 Contract Services
Precinct 2 Total: 80.00
EJ-JKIEG Total: 80.00
EJ-JMCGR McGrath Joe
Precinct 2 11/08/2011 80.00 0.00 11/18/2011 Precinct 2 Election Judge No 0000
101-410-1410-43150 Contract Services
Precinct 2 Total: 80.00
EJ-JMCGR Total: 80.00
EJ-JMEHS Mehsikomer Joyce
Precinct 1 11/08/2011 165.00 0.00 11/18/2011 Precinct 1 Election Judge No 0000
101-410-1410-43150 Contract Services
Precinct 1 Total: 165.00
EJ-JMEHS Total: 165.00
EJ-JROTH Roth Jim
Precinct 1 11/08/2011 70.00 0.00 11/18/2011 Precinct 1 Election Judge No 0000
101-410-1410-43150 Contract Services
Precinct 1 Total: 70.00
EJ-JROTH Total: 70.00
EJ-LWAGN Wagner Linda
Precinct I 11/08/2011 80.00 0.00 11/18/2011 Precinct I Election Judge No 0000
101-410-1410-43150 Contract Services
Precinct 1 Total: 80.00
EJ-LWAGN Total: 80.00
EJ-MGRUN Grundeen Mary
Precinct 2 11/09/2011 80.00 0.00 11/18/2011 Precinct 2 Election Judge No 0000
101-410-1410-43150 Contract Services
Precinct 2 Total: 80.00
EJ-MGRUN Total: 80.00
EJ-NHANS Hansen Nancy
Precinct 2 11/08/2011 176.00 0.00 11/18/2011 Precinct 2 Election Judge No 0000
101-410-1410-43150 Contract Services
Precinct 2 Total: 176.00
AP - To Be Paid Proof List (11/10/11 - 2:08 PM)
Page 6
Invoice # Inv Date
Amount Quantity Pmt Date Description Reference
EJ-NHANS Total: 176.00
Task Type PO # Close POLine #
EJ-PMCGR McGrath Paula
Precinct 2 11/08/2011 80.00 0.00 11/18/2011 Precinct 2 Election Judge No 0000
101-410-1410-43150 Contract Services
Precinct 2 Total: 80.00
EJ-PMCGR Total: 80.00
EJ-PODON O'Donnell Pat
Precinct 2 11/08/2011 80.00 0.00 11/18/2011 Precinct 2 Election Judge No 0000 —'
101-410-1410-43150 Contract Services
Precinct 2 Total: 80.00
EJ-PODON Total: 80.00
EJ-PPAUL Paulson Phyllis
Precinct 2 11/08/2011 80.00 0.00 11/18/2011 Precinct 2 Election Judge No 0000
101-410-1410-43150 Contract Services
Precinct 2 Total: 80.00
EJ-PPAUL Total: 80.00
EJ-PRYBE Ryberg Paul
Precinct 1 11/08/2011 70.00 0.00 11/18/2011 Precinct 1 Election Judge No 0000
101-410-1410-43150 Contract Services
Precinct 1 Total: 70.00
EJ-PRYBE Total: 70,00
EJ-SDURA Durand Shirley
Precinct 1 11/08/2011 80.00 0.00 11/18/2011 Precinct 1 election Judge No 0000
101-410-1410-43150 Contract Services
Precinct I Total: 80.00
EJ-SDURA Total: 80.00
EJ-SHAUG Haugen Suzanne
Precinct 2 11/08/2011 80.00 0.00 11/18/2011 Precinct 2 Election Judge No 0000
101-410-1410-43150 Contract Services
Precinct 2 Total: 80.00
EJ-SHAUG Total: 80.00
AP - To Be Paid Proof List (11/10/11 - 2:08 PM)
Page 7
Invoice # Inv Date
EJ-VWAGO Wagoner Violet
Precinct 1 11/09/2011
101-410-1410-43150 Contract Services
Precinct 1 Total:
EJ-VWAGO Total:
EJ-WHIRS Hirsch Wil
Precinct 2 11/08/2011
101-410-1410-43150 Contract Services
Precinct 2 Total:
EJ-WHIRS Total:
EJ-WLOOS Loos Wendy
Precinct 2 11/08/2011
101-410-1410-43150 Contract Services
Precinct 2 Total:
EJ-WLOOS Total:
EMERGAPP Emergency Apparatus Maint, INC
57101 10/25/2011
101-420-2220 14040 Repairs/Maint Eqpt
57101 Total:
EMERGAPP Total:
ENVENTIS ENVENTIS
11/01/2011 11/01/2011
101-410-1940-43210 Telephone
11/01/2011 11/01/2011
101-430-3100-43210 Telephone
11/01/2011 Total:
ENVENTIS Total:
FOCUS Focus Engineering, Inc.
45 & 46 11/08/2011
101-410-1930-43030 Engineering Services
45 & 46 Total:
47 11/08/2011
101-420-2400-43030 Engineering
47 11/08/2011
101-410-1910-43030 Engineering Services
Amount Quantity Pmt Date Description Reference
157.50 0.00 11/18/2011 Precinct 1 Election Judge
80.00 0.00 11/18/2011 Precinct 2 Election Judges
157.50
157.50
80.00
80.00
80.00 0.00 11/18/2011 Precinct 2 Election Judge
80.00
80.00
218.64 0.00 11/18/2011 LI, Siren Repair
218.64
218.64
566.30
455.98
1,022.28
1,022.28
0.00 11/15/2011 Telephone/Data Services - CH Nov
2011
0.00 11/15/2011 Telephone/Data Services - PW Nov
2011
9,225.06 0.00 11/18/2011 General Engineering
9,225.06
1,035.00 0.00 11/18/2011 General Engineering - VRA
5,225.92 0.00 11/18/2011 General Engineering - VRA
Task Type PO # Close POLine #
No
No
No
No
No
No
No
No
No
0000
0000
0000
0000
0000
0000
0000
0000
0000
AP - To Be Paid Proof List (11/10/11 - 2:08 PM)
Page 8
Invoice # Inv Date
47 11/08/2011
409-480-8000-43030 Engineering Services
47 11/08/2011
404-480-8000-43030 Engineering Services
47 11/08/2011
101-430-3100-43030 Engineering Services
47 11/08/2011
601-494-9400-43030 Engineering Services
47 11/08/2011
602-495-9450-43030 Engineering Services
47 11/08/2011
603-496-9500-43030 Engineering Services
47 Total:
48 11/08/2011
203-490-9070-43030 Engineering Services
48 Total:
49 11/08/2011
203-490-9070-43030 Engineering Services
49 Total:
50 11/08/2011
417-480-8000-43030 Engineering Services
50 Total:
51 11/08/2011
409-480-8000-43030 Engineering Services
51 Total:
52 11/08/2011
418-480-8000-43030 Engineering Services
52 Total:
53 11/08/2011
409-480-8000-43030 Engineering Services
53 Total:
54 11/08/2011
409-480-8000-43030 Engineering Services
54 Total:
55 11/08/2011
413-480-8000-43030 Engineering Services
55 Total:
56 11/08/2011
602-495-9450-43030 Engineering Services
56 Total:
57 11/08/2011
601-494-9400-43030 Engineering Services
57 Total:
58 11/08/2011
601-494-9400-43030 Engineering Services
AP - To Be Paid Proof List (11/10/11 - 2:08 PM)
Amount Quantity Pmt Date Description Reference
2,696.28 0.00 11/18/2011 General Engineering - VRA
267.00 0.00 11/18/2011 General Engineering - VRA
2,993.16 0.00 11/18/2011 General Engineering - VRA
1,659.50 0.00 11/18/2011 General Engineering - VRA
97.00 0.00 11/18/2011 General Engineering - VRA
675.00 0.00 11/18/2011 General Engineering - VRA
14,648.86
2,120.55 0.00 11/18/2011 Development - Whistling Valley
2,120.55
180.00 0.00 11/18/2011 Development - Sanctuary
180.00
946.10 0.00 11/18/2011 Lake Elmo 2010 Street & Water
Quality
946.10
396.50 0.00 11/18/2011 2011 Seal Coat Project
396.50
787.32 0.00 11/18/2011 2011 Street Improvement/Water
Quality
787.32
2,539.24 0.00 11/18/2011 Lake Elmo Crt Drainage Correction
2,539.24
3,631.23 0.00 11/18/2011 Lake Elmo District Sidewalk Maint.
3,631.23
170.00 0.00 11/18/2011 1-94 to 30th Street - Village Sanitary
170.00
149.00 0.00 11/18/2011 10th Street Infrastructure Planning
149.00
177.00 0.00 11/18/2011 Supply Well & Pump
177.00
118.00 0.00 11/18/2011 3M Litigatioin
Task Type PO # Close POLine #
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
0000
0000
0000
0000
0000
0000
0000
0000
0000
0000
0000
0000
0000
0000
0000
No 0000
No
0000
Page 9
Invoice # Inv Date
Amount Quantity Pmt Date Description Reference
58 Total: 118.00
FOCUS Total: 35,088.86
Task Type PO # Close POLine #
GOPHER Gopher State One -Call
20405 11/01/2011 181.35 0.00 11/18/2011 Line Locates - October 2011 No 0000
101-430-3100-43150 Contract Services
20405 Total: 181.35
GOPHER Total: 181.35
Gophseal GOPHER STATE SEALCOAT INC.
13086 10/27/2011 14,000.00 0.00 11/15/2011 2011 Crack Seal Project No 0000
418-480-8000-45300 Improvements Other Than Bldgs
13086 Total: 14,000.00
Gophseal Total: 14,000.00
HAGBERGS Hagbergs Country Market
10/31/11 10/31/2011 17.48 0.00 11/18/2011 Office Meeting Supplies No 0000
101-410-132042000 Office Supplies
10/31/11 Total: 17.48
LE Fire Dept 11/01/2011 1.33 0.00 11/18/2011 Fire Prevention No 0000
101-420-2220-42090 Fire Prevention
LE Fire Dept Total: 1.33
HAGBERGS Total: 18.81
HARDDRIV Harddrives, Inc.
Final Pmt 11/15/2011 35,784.35 0.00 11/15/2011 Kindred Court Drainage Corrections No 0000
409480-8000-45300 Improvements Other Than Bldgs
Final Pmt Total: 35,784.35
HARDDRIV Total: 35,784.35
KDV Kern DeWenter Viere Ltd
135913 10/31/2011 4,792.50 0.00 11/18/2011 Financial Services - October 2011 No 0000
101-410-1520-43150 Contract Services
135913 Total: 4,792.50
KDV Total: 4,792.50
LEOIL Lake Elmo Oil, Inc.
10/31/2011 10/31/2011 154.35 0.00 11/18/2011 Fuel - No 0000
101-420-2220-42120 Fuel, Oil and Fluids
10/31/2011 Total: 154.35
AP - To Be Paid Proof List (11/10/11 - 2:08 PM) Page 10
Invoice # Inv Date
Multi 10/31/2011
101-430-3120-42120 Fuel, Oil and Fluids
Multi Total:
LEOIL Total:
Lillie Newspapers Inc. Lillie Suburban
10/31/2011 10/31/2011
101-410-1320-43510 Legal Publishing
10/31/2011 Total:
Lillie Total:
LOFF Loffler Companies, Inc.
1320590 11/07/2011
101-410-1940-44040 Repairs/Maint Contractual Eqpt
1320590 Total:
1320738 11/07/2011
101-410-1320-42000 Office Supplies
1320738 Total:
LOFF Total:
MARONEYS Maroney's Sanitation, Inc
410885 11/01/2011
101-410-1940-43840 Refuse
410885 11/01/2011
101-420-2220-43840 Refuse
410885 11/01/2011
101-430-3100-43840 Refuse
410885 11/01/2011
101-450-5200-43840 Refuse
410885 Total:
MARONEYS Total:
MES Municipal Emergency Services
00273500-SNV 11/02/2011
101-420-2220-42400 Small Tools & Equipment
00273500-SNV Total:
MES Total:
METCOU Metropolitan Council
0000974089 11/02/2011
602-495-9450-43820 Sewer Utility - Met Council
Amount Quantity Pmt Date Description Reference
3,668.97
3,668.97
3,823.32
0_00 11/18/2011 Fuel
50.63 0.00 11/18/2011 Legal Notices Planning Dept
50.63
50.63
226.34 0.00 11/18/2011 Copy Machines Overage & Base Oct
2011
226.34
21.51 0.00 11/15/2011 Toner Cartridges for Copier - City Hall
21.51
247.85
108.32
47.68
207.81
285,06
648.87
648.87
0.00 11/18/2011
0.00 11/18/2011
0.00 11/18/2011
0.00 11/18/2011
Waste Removal - City Hall
Waste Removal - Fire
Waste Removal - Public Works
Waste Removal - Parks
92.93 0.00 11/18/2011 Replacement Flashlight
92.93
92.93
1,282.98 0.00 11/18/2011 Monthly Wastewater Service - Dec
2011
Task Type PO # Close POLine #
No
No
No
No
No
No
No
No
No
No
0000
0000
0000
0000
0000
0000
0000
0000
0000
0000
AP - To Be Paid Proof List (11/10/11 - 2:08 PM) Page
Invoice # Inv Date
Amount Quantity Pmt Date Description Reference
0000974089 Total: 1,282.98
METCOU Total: 1,282.98
Task Type PO # Close POLine #
MILLEREX Miller Excavating, Inc.
15856 10/26/2011 1,772.61 0.00 11/18/2011 Water Main Excavation & Materials - No 0000
601-494-9400-44030 Repairs \Maint Imp Not Bldgs
15856 10/26/2011 509.85 0.00 11/18/2011 Gravel Road Grading No 0000
101-430-3120-44040 Repairs/Maint Eqpt
15856 Total: 2,282.46
MILLEREX Total: 2,282.46
MILLSCOL Mills Cole
...4-.':.\-
11/9/11 11/09/2011 55.00 0.00 11/15/2011 Cabled Live Mtg - Council Mtg No 000,
101-410-1450-43620 Cable Operations 11/9/11
11/9/11 Total: 55.00
MILLSCOL Total: 55.00
MN NATIV Minnesota Native Landscapes
6977 & 7084 10/20/2011 1,075.00 0.00 11/18/2011 Weed Control & Site Visit - Sunfish
404-480-8000-45300 Improvements Other Than Bldgs Park
6977 & 7084 Total: 1,075.00
MN NATIV Total: 1,075.00
No 0000
MNPLAYGR Minnesota Playground Inc.
2011393 11/04/2011 222.30 0.00 11/18/2011 Dogipot Bags No 0000
101-450-5200-44300 Miscellaneous
2011393 Total: 222.30
MNPLAYGR Total: 222.30
OAKDRC Oakdale Rental Center
10079829 11/01/2011 7173 0,00 11/18/2011 Propane Patching Trailer No 0000
101-430-3120-42240 Street Maintenance Materials
10079829 Total: 73.73
OAKDRC Total: 73.73
PLANTH PLANT HEALTH ASSOCIATES, INC
1064-11 11/07/2011 1,150.00 0.00 11/18/2011 Forester Services - Sept & Oct 2011 - No 0000
101-430-3250-43150 Contract Services
1064-11 Total: 1,150.00
AP - To Be Paid Proof List (11/10/11 - 2:08 PM) Page 12
Invoice # Inv Date
Amount Quantity Pmt Date Description Reference
PLANTH Total: 1,150.00
PRESSA Anastasia Press
11/01/2011 11/01/2011
101-410-1450-43620 Cable Operations
11/01/2011 Total:
PRESSA Total:
RIVRCOOP River Country Cooperative
10/31/2011 11/08/2011
101-420-2220-42120 Fuel, Oil and Fluids
10/31/2011 Total:
RIVRCOOP Total:
S&T S&T Office Products, Inc.
010V8840 10/25/2011
101-420-222042000 Office Supplies
010V8840 10/25/2011
101-410-1520-44300 Miscellaneous
010V8840 Total:
010W1801 11/01/2011
101-410-1320-42000 Office Supplies
010W1801 Total:
010W3368 11/03/2011
101-410-1320-42000 Office Supplies
010W3368 Total:
S&T TotaJ:
55.00 0.00 11/18/2011 Cabled Live - CC Meeting 11/1/11
55.00
55.00
708.03 0.00 11/18/2011 Fuel
708.03
708.03
258.10 0.00 11/18/2011 Office Supplies - Toner Cartridge
-119.45 0.00 11/18/2011 Credit Memo - 01ov9927
138.65
11.81 0.00 11/15/2011 Office Supplies
11.81
119.20 0,00 11/15/2011 Office Supplies
119.20
269.66
SAMSCLUB Sam's Club
11/02/2011 11/02/2011 57.30 0_00 11/18/2011 Rehab Supplies, station supplies
101-420-2220-44300 Miscellaneous
11/02/2011 11/02/2011 30.56 0.00 11/18/2011 Station Supplies
101-420-2220-44010 Repairs/Maint Bldg
11/02/2011 11/02/2011 9.88 0.00 11/18/2011 Vehicle Supplies
101-420-2220-44040 Repairs/Maint Eqpt
11/02/2011 11/02/2011 123.92 0.00 11/18/2011 City Hall Supplies
101-410-1320-42000 Office Supplies
11/02/2011 Total: 221.66
SAMSCLUB Total: 221.66
AP - To Be Paid Proof List (11/10/11 - 2:08 PM)
Task Type PO # Close POLine #
No 0000
No 000r —
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
Page 13
Invoice # Inv Date
Amount Quantity Pmt Date Description Reference
SCHWAAB Schwaab, Inc.
B57634 10/14/2011 168.68
101-420-2400-42000 Office Supplies
B57634 Total: 168.68
SCHWAAB Total: 168.68
STDELANO State Bank of Delano
12/01/2011 12101/2011 44,000.00
314-480-8000-46010 Bond Principal
12/01/2011 12/01/2011 803.00
314-480-8000-46110 Bond Interest
12/01/2011 Total: 44,803.00
STDELANO Total: 44,803.00
TKDA TKDA, Inc.
0201210903139 11/09/2011 32.78
101-430-3100-43030 Engineering Services
0201210903139 Total: 32.78
0201210903140 11/09/2011 118.45
101-410-1910-43030 Engineering Services
0201210903140 11/09/2011 115.38
409-480-8000-43030 Engineering Services
0201210903140 Total: 233.83
0201210903141 11/09/2011 178.92
409-480-8000-43030 Engineering Services
0201210903141 Total: 178.92
0201210903142 11/09/2011 474.06
409-480-8000-43030 Engineering Services
0201210903142 Total: 474.06
0201210903143 11/09/2011 128.25
409-480-8000-43030 Engineering Services
0201210903143 Total: 128.25
TKDA Total: 1,047.84
TRI-P TRI STATE PUMP & CONTROL INC.
32011 10/26/2011 377.53
602-495-9450-44030 Repairs\Maint Imp Not Bldgs
32011 Total: 377.53
TRI-P Total: 377.53
0.00 11/18/2011 4 stamps - Bldg Dept
0.00 11/18/2011 GO Equipment of Certificate 2006 A
Prin
0.00 11/18/2011 GO Equipment of Certificate 2006 A
Int
0.00 11/18/2011 General Engineering
0.00 11/18/2011 General Engineering - VRA
0.00 11/18/2011 General Engineering - VRA
0.00 11/18/2011 2011 Seal Coat Project
0.00 11/18/2011 Lake Elmo Crt Drainage Correc6on
0.00 11/18/2011 Lake Elmo District Sidewalk Maint
0.00 11/18/2011 Lift Station Pump Re -build
Task Type PO # Close POLine #
No
No
No
0000
0000
0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No
0000
AP -To Be Paid Proof List (11/10/11 - 2:08 PM) Page 14
Invoice # Inv Date
VISALE40 VISA
10/31/2011 10/31/2011
101-410-1910-44370 Conferences & Training
10/31/2011 10/31/2011
101-410-1320-43040 Legal Services
10/31/2011 Total:
VISALE40 Total:
WAS-TRAN Washington County
70554 & 70555 10/19/2011
101-430-3120-43150 Contract Services
70554 & 70555 Total:
WAS-TRAN Total:
WATERCON Water Conservation Services In
2812 10/26/2011
601-494-9400-44300 Miscellaneous
2812 Total:
WATERCON Total:
XCEL Xcel Energy
51-0117417-0 11/08/2011
101-430-3160-43810 Street Lighting
51-0117417-0 Total:
51-4504807-7 11/09/2011
101-450-5200-43810 Electric Utility
51-4504807-7 11/09/2011
602-495-9450-43810 Electric Utility
51-4504807-7 11/09/2011
101-430-3160-43810 Street Lighting
51-4504807-7 Total:
51-4576456-3 11/08/2011
101-420-2220-43810 Electric Utility
51-4576456-3 Total:
51-4580376-5 11/08/2011
101-410-1940-43810 Electric Utility
51-4580376-5 11/08/2011
101-430-316043810 Street Lighting
51-4580376-5 11/08/2011
101-410-1940-43810 Electric Utility
51-4580376-5 Total:
51-4733556-8 11/08/2011
101-450-5200-43810 Electric Utility
AP - To Be Paid Proof List (11(10/11 - 2:08 PM)
Amount Quantity Pmt Date Description Reference
184.30 0.00 11/18/2011 Planning Conference
75.00 0.00 11/18/2011 MN Fall Expo - 3 attendees @ $25
259.30
259.30
1,449.90 0.00 11/18/2011 Catch basin Repairs
222.95 0.00 11/18/2011 Leak Detection Service
1,449.90
1,449.90
222.95
222.95
34.18 0.00 11/18/2011 Welcome Sign
34.18
28.92 0.00 11/18/2011 Lights at Legion Park
79.87 0.00 11/18/2011 Lift Station
30.41 0.00 11/18/2011 Traffic Lights
139.20
256.28 0.00 11/18/2011 Fire Station #2
256.28
262.58 0.00 11/18/2011 City Hall
28.98 0.00 11/18/2011 Traffic Lights
241.74 0.00 11/18/2011 City Hall
533.30
16.93 0.00 11/18/2011 Tennis Courts
Task Type PO # Close POLine #
No
No
No
No
No
No
No
No
No
No
No
No
No
0000
0000
0000 .---.
0000
0000
0000
0000
0000
0000
0000
0000
0000
0000
Page 15
Invoice # Inv Date
51-4733556-8 Total:
51-5044219-0 11/08/2011
101-450-5200-43810 Electric Utility
51-5044219-0 Total:
51-5275289-3 11/08/2011
101-450-5200-43810 Electric Utility
51-5275289-3 Total:
51-5356323-8 11/09/2011
601-494-9400-43810 Electric Utility
51-5356323-8 Total:
51-5522332-2 11/08/2011
101-430-3160-43810 Street Lighting
51-5522332-2 Total:
51-5747685-4 11/08/2011
101-450-5200-43810 Electric Utility
51-5747685-4 Total:
51-5916043-7 11/08/2011
602-495-9450-43810 Electric Utility
51-5916043-7 Total:
51-6429583-8 11/08/2011
602-495-9450-43810 Electric Utility
51-6429583-8 Total:
51-6433976-2 11/08/2011
101-420-2220-43810 Electric Utility
51-6433976-2 Total:
51-6625457-1 11/08/2011
101-450-5200-43810 Electric Utility
51-6625457-1 Total:
51-6736544-2 11/09/2011
101-430-3160-43810 Street Lighting
51-6736511 2 Total:
51-6928283-3 11/08/2011
101-430-3160-43810 Street Lighting
51-6928283-3 Total:
51-6956201-4 11/08/2011
101-450-5200-43810 Electric Utility
51-6956201-4 Total:
51-7538112-1 11/08/2011
101-430-3100-43810 Electric Utility
51-7538112-1 Total:
51-8126093-5 11/08/2011
601-494-9400-43810 Electric Utility
51-8126093-5 Total:
51-8711719-3 11/08/2011
101-430-3160-43810 Street Lighting
Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine #
16.93
50.75 0.00 11/18/2011 Parks Bldg No 0000
50.75
9.95 0.00 11/18/2011 Pebble Park No 0000
9.95
1,947.74 0.00 11/18/2011 Wells 1 & 2 No 0000
1,947.74
37.80 0.00 11/18/2011 Traffic Lights No 0000
37.80
79.34 0.00 11/18/2011 Arts Center No 0000r.m.,
79.34
17.68 0.00 11/18/2011 Lift Station No 0000
17.68
16.13 0.00 11/18/2011 Lift Station No 0000
16.13
225.42 0.00 11/18/2011 Fire Station #1 No 0000
225.42
69.44 0.00 11/18/2011 Legion Park No 0000
69.44
1,920.56 0.00 11/18/2011 Street Lights No 0000
1,920.56
26.71 0.00 11/18/2011 Traffic Lights No 0000
26.71
44.02 0.00 11/18/2011 VFW Ballfields - No 0000
44.02
707.73 0.00 11/18/2011 Public Works No 0000
707.73
19.59 0.00 11/18/2011 Water Tower #2 No 0000
19.59
11.15 0.00 11/18/2011 Speed Sign Hwy 5 No 0000
AP - To Be Paid Proof List (11/10/11 - 2:08 PM)
Page 16
Invoice # Inv Date
51-8711719-3 Total:
XCEL Total:
Report Total:
AP - To Be Paid Proof List (11/10/11 - 2:08 PM)
Amount Quantity Pmt Date Description Reference
I I.15
6,163.90
189,916.85
Task Type PO # Close POLine #
Page 17
LAKE
ELMO
MAYOR & COUNCIL COMMUNICATION
AGENDA ITEM:
SUBMITTED BY:
THROUGH:
REVIEWED BY:
DATE:
CONSENT
ITEM #: 3
MOTION as part of Consent Agenda
Kindred Court Drainage Corrections — Final Payment
Ryan Stempski, Assistant City Engineer
Craig Dawson, Interim City Administrator
Jack Griffin, City Engineer
Mike Bouthilet, Public Works
Joe Rigdon, Interim Finance Director
11/15/2011
SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to
accept the work as recommended by the Assistant City Engineer and approve final payment to
Hardrives, Inc., the Contractor for the Kindred Court Drainage Corrections in the amount of
$35,784.35. The warranty period will begin on November 15, 2011, and extends to November
15, 2012. No specific motion is needed, as this is recommended to be part of the overall
approval of the Consent Agenda.
STAFF REPORT AND BACKGROUND INFORMATION: The Kindred Court Drainage
Corrections have been fully completed, including restoration and punch list items. The project
Certificate of Completion has been prepared by the Project Engineer, and the one-year warranty
period has been established. Final Payment in the amount of $35,784.35 has been requested by
the Contractor, Hardrives, Inc., based upon actual quantities installed. The original construction
contract was in the amount of $33,686.00, The increase in construction cost was due to the
addition of draintile that was placed below the street base at the direction of the City Engineer.
Standing water was observed when the street was dug up. It was determined that the saturated
subbase must be drained to obtain a proper street base to support the overlying bituminous.
The total project cost including surveying, design, and construction services was $43,530. The
total authorized project budget was $44,200.
RECOMMENDATION: Based upon the above staff report and background information, it is
recommended that the City Council accept the work as recommended by the Assistant City
Engineer approve as part of tonight's Consent Agenda Final Payment in the amount of
$35,784.35 to Hardrives, Inc.
-- page 1 --
City Council Meeting
November 15, 2011
Kindred Court Drainage Corrections - Final Payment
Consent Agenda Item #
Alternatively, the City Council does have the authority to remove this item from the Consent
Agenda, table this item for future consideration, or further discuss, deliberate and/or, if
appropriate, amend the recommended motion prior to taking action. If the latter is done so, the
appropriate action of the Council following such discussion would be:
"Move to accept the work as recommended by the Assistant City Engineer and
approve Final Payment to Hardrives, Inc. for the
Kindred Court Drainage Corrections in the amount of $35,784.35;
to be paid from the General Obligation Improvement Bonds, Series 2011A.
[and amended and/or modified at tonight's meetingi."
ATTACHMENTS: (2)
1, Certificate of Completion
2, Final Quantities
SUGGESTED ORDER OF BUSINESS (if removed from the Consent Aeenda):
Questions from Council to Staff ................. ............ ......... Mayor Facilitates
Call for Motion ......... ....................... .......,.. ...... Mayor & City Council
Discussion Mayor & City Council
Action on Motion Mayor Facilitates
page 2 --
CITY OF LAKE ELMO, MN KINDRED COURT
DRAINAGE CORRECTIONS
CERTIFICATE OF COMPLETION
DATE OF ISSUANCE: November 15, 2011
OWNER: CITY OF LAKE ELMO, MN
CONTRACTOR: HARDRIVES, INC.
PROJECT NAME: KINDRED COURT DRAINAGE CORRECTIONS
PROJECT NO.: 2011.124
This Certification of Completion applies to all work under the Contract Documents
ri This Certification of Completion applies to the following specified parts of the Contract Documents
I do hereby certify that the work to which this Certificate applies has been constructed in
accordance with the Contract dated October 6, 2011, and related Contract Documents as
prepared by FOCUS Engineering, inc. dated September 29, 2011. The above -mentioned
improvement is hereby declared to be complete and acceptance of this work is recommended.
DATE OF COMPLETION: November 15, 2011
Ryan W. Stempski Reg. No. 45395
FOCUS Engineering, inc.
THE WARRANTY PERIOD BEGINS Nov. 15, 2011 AND ENDS Nov. 15, 2012
CITY OF LAKE ELMO
KINDRED COURT DRAINAGE CORRECTIONS
PROJECT NO. 2011.109
AS -BUILT QUANTITIES FOR HARDRIVES, INC.
CONTRACT, ASULT
'QUANTITY,' QUAKE!. .
1 MOBILIZATION LS 1 1
2 SILT FENCE
3 SAVVCUT PAVEMENT (ALL TYPES)
4 I REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT
5 I REMOVE & DISPOSE OF EXIST, BITUMINOUS PAVEMENT (FLUME)
6 REMOVE & DISPOSE OF EXIST. CONCRETE PAVEMENT (DRIVEWAYS)
7 COMMON EXCAVATION (CV)
8 SUBGRADE CORRECTION
9 SUBGRADE PREPARATION
10 . 2360 TYPE LV3 BITUMINOUS NON -WEARING COURSE
11 2360 TYPE LV4 BITUMINOUS WEARING COURSE
12 BITUMINOUS MATERIAL FOR TACK COAT
13 6"CONCRETE DRIVE
14 CLASS 5 AGGREGATE
15 CLASS 3 RIP RAP W/GEOTEXTILE FABRIC
16 DITCH GRADING
17 TOPSOIL BORROW
18 SODDING
ADDITIONAL WORK -4" DRAINTILE INSTALLATION
-
LF
LF
SY
EA
SY
CY
SY
RS
TN
TN
GAL
SY
TN
CY
LF
CY
SY
LF
25
251
262
1
60
109
83
2
36
22
13
60
91
4
25
30
121
17
290
330
1
47
30
0
2
46
33
15
47
34
4
25
9
53
200
November 4, 2011
$10,000.00
$10.00
$5.00
$20.00
$500.00
$10.00
$10.00
$10.00
$1,000.00
$85.00
$95.00
$2,00
$60.00
$10.00
$175.00
$1.00
$30.00
$10.00
$15.00
OAT
$10,000.00
$170.00
$1,460.00
$6,600.00
$500.00
$470.00
$300.00
$0.00
$2,000.00
$3,927.85
$3.121.70
$30.00
$2,350.00
$339.80
$700.00
$25.00
$270.00
$530.00
$3,000.00
4361Y64354-',
KINDRED COURT DRAINAGE CORRECTIONS PROJECT NO. 2011.109
+1
LAKE
ELMO MAYOR & COUNCIL COMMUNICATION
AGENDA ITEM:
SUBMITTED BY:
THROUGH:
REVIEWED BY:
DATE:
CONSENT
ITEM #: 4
MOTION as part of Consent Agenda
2011 Crack Seal Project — Final Payment
Ryan Stempski, Assistant City Engineer
Craig Dawson, Interim City Administrator
Jack Griffin, City Engineer •
Mike Bouthilet, Public Works
Joe Rigdon, Interim Finance Director
11/15/2011
SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to
accept the work as recommended by the Assistant City Engineer and approve final payment to
Gopher State Sealcoat, Inc., the Contractor for the 2011 Crack Seal Project in the amount of
$14,000, The warranty period will begin on November 15, 2011, and extends to November 15,
2013. No specific motion is needed, as this is recommended to be part of the overall approval of
the Consent Agenda.
STAFF REPORT AND BACKGROUND INFORMATION: The 2011 Crack Seal Project
has been fully completed. The project Certificate of Completion has been prepared by the Project
Engineer, and the term of the two-year warranty period has been established, Final Payment in
the amount of S14,000 has been requested by the Contractor, Gopher State Sealcoat, Inc., based
upon the work completed. The original construction contract was in the amount of $14,000 with
a total project budget of $19,000. The final total project costs came under budget at $16,018,
RECOMMENDATION: Based upon the above staff report and background information, it is
recommended that the City Council accept the work as recommended by the Assistant City
Engineer and approve as part of tonight's Consent Agenda Final Payment in the amount of
$14,000 to Gopher State Sealcoat, Inc.
Alternatively, the City Council does have the authority to remove this item from the Consent
Agenda, table this item for future consideration, or further discuss, deliberate and/or, if
appropriate, amend the recommended motion prior to taking action. If the latter is done so, the
appropriate action of the Council following such discussion would be:
-- page 1 --
City Council Meeting 2011 Cf—ic Seal Project - Final Payment
November 15, 2011 Consent Agenda Item #
"Move to accept the work as recommended by the Assistant City Engineer and
approve Final Payment to Gopher State Sealcoat, Inc. for the
2011 Crack Seal Project in the amount of $14,000;
to be paid from the Infrastructure Reserve Fund.
[and amended and/or modified at tonight's meetingb"
ATTACHMENTS: (2)
1. Certificate of Completion
2. Contractor Invoice Dated 10/27/2011
SUGGESTED ORDER OF BUSINESS (if removed from the Consent Aernda):
- Questions from Council to Staff
- Call for Motion
- Discussion
Mayor Facilitates
Mayor & City Council
Mayor & City Council
Actionon Motion ......... .......... .......... ................ ............ .
...... Mayor Facilitates
-- page 2 --
CITY OF LAKE ELMO, MN 2011 CRACK SEAL PROJECT
CERTIFICATE OF COMPLETION
DATE OF ISSUANCE: November 15, 2011
OWNER: CITY OF LAKE ELMO, MN
CONTRACTOR: GOPHER STATE SEALCOAT, INC.
PROJECT NAME: 2011 CRACK SEAL PROJECT
PROJECT NO.: 2011.109
Z This Certification of Completion applies to all work under the Contract Documents
fl This Certification of Completion applies to the following specified parts of the Contract Documents
I do hereby certify that the work to which this Certificate applies has been constructed in
accordance with the Contract dated October 21, 2011, and related Contract Documents as
prepared by FOCUS Engineering, inc. dated October 13, 2011. The above -mentioned
improvement is hereby declared to be complete and acceptance of this work is recommended.
DATE OF COMPLETION: November 15, 2011
Ryan W. Stempski Reg. No. 45395
FOCUS Engineering, inc.
THE WARRANTY PERIOD BEGINS Nov. 15, 2011 AND ENDS Nov, 15, 2013
12519 Rhode Island Avenue
Savage, MN 55378
Bill To
City pf Lake Elmo
3800 Laverne' Ave North
Lake Elmo MN 55042
Description
.11
OCT 3 1 20i1
OfrY: LAY Euvio
P.O. No.
2011.109
Job Location
Various Streets
Lake Elmo
Terms
Net 10
Date
10/27/2011
Invoice
invoice #
13086
Due Date Rep
11/6/2011 CAO
Amount
Crack -filling 14,000.00
We appreciate your business! Questions? Call (952) 931-9188.
Phone #
952-931-9188
Fax #
952-931-0956
Total
$14,000,00
CITY OF
LAKE
ELMOMAYOR & COUNCIL COMMUNICATION
DATE: 11/15/11
CONSENT
ITEM #: 15
ORDINANCE
AGENDA ITEM: Special Event Permit Ordinance — Clarification and Revision Concerning
Event Duration
SUBMITTED BY: Kyle Klatt, Planning Director
THROUGH: Craig Dawson, Interim City Administrator
REVIEWED BY: Planning Commission (Original Ordinance)
SUMMARY AND ACTION REOUESTED: The City Council is being asked to consider a
minor revision to the recently adopted Special Event Permit Ordinance (Ordinance 08-054) to
clarify the maximum duration allowed for a special event. This amendment has been requested
by two members of the Council, and is intended to better reflect the actual intent of the Council
when it decided to adopt a Special Event Ordinance.
The recommended motions to act on this are as follows:
"Move to adopt an Ordinance revising the Special Event Permit Ordinance to specify the
maximum duration permitted for a special event"
BACKGROUND INFORMATION: At one point during the Council's review of the Special
Event Permit Ordinance, the Council raised the question of the applicability of the ordinance to
existing uses in the community. The Staff response focused on one aspect of the question, but
did not directly address any issues associated with the duration of events. At some point during
the Council's discussion, at least one Council member indicated that they did think that a special
event should be allowed to occur over multiple days or weeks.
Staff is recommending that the Council adopt the attached revisions to the Special Event Permit
Ordinance in order to address the concerns that have been expressed by a portion of the Council
regarding the ordinance as originally approved, In drafting the proposed amendment, Staff is
recommending that the ordinance be written to limit events to no more than three consecutive
days in each calendar year (which would cover a weekend long event).
RECOMMENDATION: Based upon the above background information and Staff comments,
. Staff recommends that the City Council adopt the proposed amendments to the Special Event
Permit Ordinance by undertaking the following action:
-- page 1 --
City Council Meeting Special Event Ordinance
11/15/11 Regular Agenda Item # 16
"Move to adopt an Ordinance revising the Special Event Permit Ordinance to spec fly the
maximum duration permitted for a special event"
Alternatively, as this is a City -initiated action, the City Council may make changes to the
document as drafted or may table taking action of the request to solicit additional feedback from
Staff. The Council may also choose to not adopt the proposed ordinance if a majority of the
Council finds that the original ordinance met the expectations of the Council.
ATTACHMENTS
1. Ordinance 2008-xxx — Amending the Special Event Permit Ordinance
SUGGESTED ORDER OF BUSINESS:
Introduction of Item City Administrator
Report/Presentation ....... Planning Director
Questions from Council to Staff......... ...... ..... ............. ....... Mayor Facilitates
Public Input, if Appropriate Mayor Facilitates
Call for Motion ................. ..... ....... ..... ..... ....... ..... .........Mayor & City Council
Discussion ............................. ..„.. ...... ....... .,...............Mayor & City Council
Action on Motion Mayor Facilitates
-- page 2
Ordinance 08-xxx City Council
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-X,XX
AN ORDINANCE TO AMEND THE SPECIAL EVENT PERMIT ORDINANCE TO
SPECIFY THE MAXIMUM DURATION FOR A SPECIAL EVENT
SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title XI:
Business Regulations; Chapter 110 — General Licensing Provisions, Section 110.070
(Special Event Permits). Subd. E (1) is hereby amended as follows:
(g) Duration of Special Event. The permitee shall operate the special event
only on those days and during the hours specified on the permit. The maximum duration of a
special event shall be three (3) consecutive days in each calendar year. Events that occur for
longer duration or more than once each year shall only be allowed if pennitted under the zoning
requirements for the site.
SECTION 2. Effective Date
This ordinance shall become effective immediately upon adoption and publication in the official
newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date
This Ordinance No. 08-xxx was adopted on this 15th day of November, 2011 by a vote of
Ayes and Nays.
Mayor Dean A. Johnston
ATTEST:
Craig Dawson
Interim City Administrator
This Ordinance No 08-xxx was published on the day of , 2011.
CITY OF
LAKE
ELMO
AYQR4COUNOIL Q9M11(11JNIcilTIOly
DATE: 11/15/2011
CONSENT
ITEM- ft: 6
MOTION as part of Consent Agenda
AGENDA ITEM: GASB Statement 54 Implementation
SUBMITTED BY: Joe Rigdon, Interim Finance Director, KDV
THROUGH: Craig Dawson, Interim City Administrator
REVIEWED BY: N/A
SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council
is asked to adopt a fund balance policy and approve Resolution 2011-xx committing specific
revenue sources and confirming restrictions for specified purposes in special revenue funds. No
specific motion is needed, as this is recommended to be part of the overall approval of the
Consent Agenda.
BACKGROUND INFORMATION & STAFF REPORT: Governmental Accounting
Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund
Type Definitions, was enacted to enhance the usefulness of fund balance information by
providing clearer fund balance classifications that can be more consistently applied and by
clarifying the existing governmental fund type definitions.
GASB 54 separates fund balance into five new categories. Under the old standards, there were
three categories: Reserved, Designated, and Undesignated. The new categories are more
descriptive, and focus on how the City plans to use its resources. A brief description of each of
the new categories is listed below:
Nonsnendable — Amounts that cannot be spent because they are either (a) not in spendable form
or (b) legally or contractually required to be maintained intact. The "not in spendable form"
criterion includes items that are not expected to be converted to cash, for example, inventories
and prepaid amounts. It also includes the long-term amount of loans and notes receivable, as
well as property acquired for resale.
Restricted — Constraints (a) externally imposed by creditors (such as through debt covenants),
grantors, contributors, or laws or regulations of other governments or (b) imposed by law
through constitutional provisions or enabling legislation.
-- page 1 --
City Council Meeting
November 15, 2011
GA
Statement 54 Implementation
Consent Agenda Item # X
Committed — Amounts that can only be used for specific purposes pursuant to constraints
imposed by formal action of the government's highest level of decision -making authority (City
Council). Those committed amounts cannot be used for any other purpose unless the
government removes or changes the specified use by taking the same action (resolution) it
employed to previously commit those amounts.
Assigned — Amounts that are constrained by the government's intent to be used for specific
purposes, but are neither restricted nor committed. Intent should be expressed by (a) the
governing body itself or (b) a body (a budget or finance committee, for example) or official to
which the governing body has delegated the authority to assign amounts to be used for specific
purposes,
Unassigned — The residual classification for the General Fund, The General Fund should be the
only fund that reports a positive unassigned fund balance amount. In other governmental funds,
if expenditures incurred for specific purposes exceeded the amounts restricted, committed, or
assigned to those purposes, it may be necessary to report a negative unassigned fund balance.
A government should determine the composition of its ending fund balance by applying its
accounting policies regarding whether it considers restricted or unrestricted amounts to have
been spent when an expenditure is incurred for purposes for which both restricted and
unrestricted (committed, assigned, or unassigned) amounts are available. Similarly, within
unrestricted fund balance, the classification should be based on the government's accounting
policies regarding whether it considers committed, assigned, or unassigned arnounts to have been
spent when an expenditure is incurred for purposes for which amounts in any of those
unrestricted fund balance classifications could be used.
Governments are allowed to have stabilization amounts which are formally set aside for use in
emergency situations or when revenue shortages or budgetary imbalances arise. These funds
must be restricted or committed for a specific purpose and cannot occur routinely.
Governments are required to have a fund balance policy which addresses a reasonable minimum
level of unrestricted fund balance to be maintained, how the unrestricted fund balance can be
used or spent down and how that fund balance will be replenished, if it falls below the minimum
level. It is suggested that the City formalize its fund balance policy and strive to maintain an
unrestricted fund balance in the General Fund of an amount not less than 50% of the next year's
budgeted expenditures of the General Fund.
GASB 54 is also designed to enhance the usefulness of fund balance information by clarifying
the definitions of governrnental fund types. For example, special revenue funds are created only
to report a revenue source that is restricted or committed to a specified purpose and that revenue
source should constitute a substantial portion of the inflows reported in the fund. In addition, the
definition of the capital project fund type has been clarified to focus on the broader, more
consistent understanding of capital outlays and capital activities in today's environrnent,
This Statement is effective for the year ending December 31, 2011, Fund balance
reclassifications made to conform to the provisions of this Statement should be applied
retroactively by restating fund balance for all prior periods presented.
page 2 —
*OW
City Council Meeting t ,SB Statement 54 Implementation
November 15, 2011 Consent Agenda Item # X
RECOMMENDATION: It is recommended that the City Council adopt the attached fund
balance policy and approve the attached resolution committing specific revenue sources and
confirming restrictions for specified purposes in special revenue funds.
Alternatively, the City Council does have the authority to remove this item from the Consent
Agenda and further discuss and deliberate prior to taking action. If done so, the appropriate
actions of the Council following such discussion would be:
"Move to adopt a Fund Balance Policy
as presented [and modified] herein,"
"Move to approve Resolution 2011-XX Committing Specific Revenue Sources and
Confirming Restrictions for Specified Purposes in Special Revenue Funds
as presented [and modified] herein."
ATTACHMENTS:
1, Fund Balance Policy dated November 15, 2011
2. GASB 54 Fund Analysis dated November 5, 2011
3. Resolution 2011-XX Committing Specific Revenue Sources and Confirming Restrictions
for Specified Purposes in Special Revenue Funds
SUGGESTED ORDER OF BUSINESS (if removed from the Consent AEenda):
Questions from Council to Staff .................... ............... .......,.. Mayor Facilitates
Call for Motion ............ ...„ ....... ....... ..„,...,........ ...... Mayor & City Council
Discussion ...........,........ ................. ,..„ ...... ....... ...... .....„... Mayor & City Council
Action on Motion ............ ......., ......... .......„ ....... Mayor Facilitates
-- page 3 —
CITY OF LAKE ELMO, MN
FUND BALANCE POLICY
Adopted November 15, 2011
PURPOSE
The purpose of this policy is to establish specific guidelines the City of Lake Elmo will use to
maintain an adequate level of fund balance to provide for cash flow requirements and
contingency needs because major revenues, including property taxes and other government aids
are received in the second half of the City's fiscal year.
The purpose of this policy is to also establish specific guidelines the City of Lake Elmo will use
to classify fund balances into categories based primarily on the extent to which the City is bound
to honor constraints on the specific purposes for which amounts in those funds can be spent.
II. CLASSIFICATION OF FUND BALANCE/PROCEDURES
. Nonspendable
• This category includes fund balance that cannot be spent because it is either (a) not in
spendable form or (b) is legally or Contractually required to be maintained intact.
Examples include inventories and prepaid amounts. It also includes the long-term
amount of loans and notes receivable, as well as property acquired for resale.
2. Restricted
Fund balance should be reported as restricted when constraints placed on those resources
are either (a) externally imposed by creditors, grantors, contributors, or laws or
regulations of other governments or (b) imposed by law through constitutional provisions
or enabling legislation.
3. Committed
Fund balance that can only be used for specific purposes pursuant to constraints imposed
by formal action of the government's highest level of decision -making authority. The
committed amounts cannot be used for any other purpose unless the government removes
or changes the specified use by taking the same type of action it employed to commit
those amounts.
The City's highest level of decision making authority (City Council) will annually or as
deemed necessary commit specific revenue sources for specified purposes by resolution.
This formal action must occur prior to the end of the reporting period, however, the
amount to be subject to the constraint, may be determined in the subsequent period.
To remove the constraint on specified use of committed resources the City Council shall
pass a resolution.
4. Assigned
Amounts that are constrained by the government's intent to use for specified purposes,
but are neither restricted nor committed. Assigned fund balance in the General Fund
includes amounts that are intended to be used for specific purposes.
• The City Council has delegated the authority to assign and remove assignments of fund
balance amounts for specified purposes to the City Administrator or his/her designee.
5. Unassigned
Unassigned fund balance represents the residual classification for the General Fund.
Includes amounts that have not been assigned to other funds and that have not been
restricted, committed, or assigned to specific purposes within the General Fund. The
General Fund should be the only fund that reports a positive unassigned fund balance
amount.
III. DESIRED LEVEL OF GENERAL FUND BALANCE
The City will maintain an unrestricted fund balance in the General Fund of an amount not
less than 50% of the next year's budgeted expenditures of the General Fund. This will
assist in maintaining,an adequate level of fund balance to provide for cash flow
requirements and contingency needs because major revenues, including property taxes
and other government aids, are received in the second half of the City's fiscal year.
Unrestricted fund balance can be "spent down" if there is an anticipated budget shortfall
(expenditures in excess of revenues).
If spending unrestricted fund balance in designated circumstances has reduced
unrestricted fund balance to a point below the minimum targeted level, as noted above,
the replenishment will be funded by property taxes or other sources within one year.
IV. STABILIZATION ARRANGEMENTS
Stabilization arrangements are defined as formally setting aside amounts for use in emergency
situations or when revenue shortages or budgetary imbalances arise,
The City will set aside amounts by resolution as deemed necessary that can only be expended
when certain specific circumstances exist. The resolution will identify and describe the specific
circumstances under which a need for stabilization arises. The need for stabilization will only be
utilized for situations that are not expected to occur routinely,
V. MONITORING AND REPORTING
The City Finance Director shall annually prepare the status of fund balances in relation to this
policy and present to the City Council in conjunction with the development of the annual budget.
When both restricted and unrestricted resources are available for use, it is the City's policy to first
use restricted resources, and then use unrestricted resources as they are needed.
When committed, assigned or unassigned resources are available for use, it is the City's policy to
use resources in the following order; l) committed 2) assigned and 3) unassigned.
A negative residual amount may not be reported for restricted, committed, or assigned fund
balances in the General Fund.
City of Lake Elmo
GASB 54 Fund Analysis
November .5, 2011
Fund
Number
Fund Name
100 General Fund
203 Development Fund
204 Fall Festival
206 Library
312 2002 0.0. Improvement Bonds
313 2004 G.O. CIP Bonds
314 2006A G.O. Equipment Certificates
315 2009A G.O. Refunding Bonds (2001)
316 2009B G.O. Improvement Bonds
317 2010A G.O. Improvement Bonds
318 20106 G.O. Capital improvement Plan
Crossover Refunding Bonds (2004)
319 2011A G.O. Improvement Bonds
404 Park Dedication
409 Infrastructure Reserve
410 Vehicle Replacement
411 City Facilities
413 Village
414 Manning Ave./Highway 36
417 2010 Street Improvements
418 2011 Street Improvements
419 2012 Street Improvements
Pre-
GASB 54
Fund Type
General
Special Revenue
Special Revenue
Special Revenue
Debt Service
Debt Service
Debt Service
Debt Service
Debt Service
Debt Service
Debt Service
Debt Service
Capital Projects
Capital Projects
Capital Projects
Capital Projects
Capital Projects
Capital Projects
capital Projects
Capital Projects
Capital Projects
* General fund balance may be nonspendabie, restricted, cominitted, assigned, or unassigned
Post-
GASB 54
Fund Type
General
To be closed 2011
Special Revenue
Special Revenue
Debt Service
Debt Service
Debt Service
Debt Service
Debt Service
Debt Service
Debt Service
Debt Service
Capital Projects
Capital Projects
Capital Projects
Capital Projects
Capital Projects
Capital Projects
Capital Projects
Capital Projects
Capital Projects
Major Revenue Sources
property taxes, various other
none
donations, transfers in
property taxes
special assessments
property taxes
property taxes
municipal state aid (MSA)
property taxes, special assessments
property taxes, special assessments
property taxes
property taxes, special assessments
park dedication fees
special assessments, transfers in
bonding, transfers in
bonding
to be determined
to be determined
bonding
bonding
bonding
Proposed
Fund
Balance
Classification
Restricting
Authority
N/A
Committed
Committed
Restricted bond covenant
Restricted bond covenant
Restricted bond covenant
Restricted bond covenant
Restricted bond covenant
Restricted bond covenant
Restricted bond covenant
Restricted bond covenant
Restricted MN Statutes
Assigned
Assigned
Restricted bond covenant
Assigned
Assigned
Restricted bond covenant
Restricted bond covenant
Restricted bond covenant
_ 6
CITY OF LAKE ELMO RESO UTION
FOR THE COMMITING OF REVENUES RELATED TO GASB 54
RESOLUTION - COMMITTING SPECIFIC REVENUE SOURCES AND CONFIRMING
RESTRICTIONS FOR SPECIFIED PURPOSES IN SPECIAL REVENUE FUNDS
WHEREAS, the City Council of the City of Lake Elmo, Minnesota, does hereby find as follows:
WHEREAS, the Governmental Accounting Standards Board's Statement number 54 defines special
revenue funds as funds that are used to account for and report the proceeds of specific revenue sources
that are restricted or committed to expenditure for specified purposes other than debt service or capital
projects;
WHEREAS, the term proceeds of specific revenue sources establishes that one or more specific
restricted or committed revenues should be the foundation for a special revenue fund;
WHEREAS, the restricted or committed proceeds of specific revenue sources should be expected to
continue to comprise a substantial portion of the inflows reported in the fund;
WHEREAS, other resources, including investment earnings and transfers from other funds may also
be reported in the fund if those resources are restricted, committed, or assigned to the specified purpose of
the fund;
WHEREAS, investment earnings and transfers from other funds alone do not meet the definition of a
specific revenue source;
WHEREAS, Council action is required before year end to formalize the commitment of proceeds of
specific revenue sources to specified purposes.
NOW, THEREFORE, BE IT HEREBY PROCLAIMED by the City Council of the City of Lake
Elmo, Minnesota, that the specific revenue sources of each special revenue fund and the specific purpose
for which they are restricted or committed are as follows:
Committed
Fall val
Library
Donations, Transfers In, Interest
Earnings
iecific voittc OIJ rces Purnos
Community event
Property Tax Levy, Donations, Local City library
Transfers In, Interest Earnings
The foregoing resolution was passed by the City Council of the City of Lake Elmo this 15th day of
November, 2011,
ATTEST:
Signed: Date:
AYOR & COUNCIL COMMUNICATION
• DATE: 11/15/11
REGULAR
ITEM #: J7
MOTION/RESOLUTION
AGENDA ITEM: 'Interim Use Permit: Lake Elmo Sod Farm Christmas Tree Sales Lot
SUBMITTED BY: Kyle Klatt, Planning Director
THROUGH: Craig Dawson, Interim City Administrator
REVIEWED BY: Planning Commission
SUMMARY AND ACTION REOUESTED: The City Council is being asked to consider a
request for an Interim Use Permit from the Lake Elmo Sod Farm, 456 Manning Avenue, to
continue operation of a seasonal sales lot from which to sell Christmas Trees that are grown off -
site. The proposed sales lot is part of a larger sod farm that has been in operation for many years,
and that has historically also sold Christmas Trees for approximately one month during the
holiday season. None of the trees sold on the site are grown on the premises; therefore, an
Interim Use Permit is needed to establish an Agricultural Sales operation, which allows the sale
of produce grown off -site.
The recorrunended motion to act on this is as follows:
"Move to adopt a Resolution approving an Interim Use Permit for the Lake Elmo Sod Farm to
establish a seasonal Christmas tree sales lot at 456 Manning Avenue"
BACKGROUND INFORMATION: The attached Planning Commission report includes a
detailed review of the application along with the original Staff recommendation to the
Conunission.
PLANNING COMMISSION REPORT: The Planning Commission reviewed the Interim use
Peiniit request at its November 7, 2011 meeting and conducted a public hearing on the
application at this time. No public comments concerning the request were received by the
Planning Commission.
The applicant's representative, Anthony Myhra, was asked several questions by the Commission
regarding the sales lot, and noted the following at the meeting:
-- page 1 --
City CouneilMeeting Lake Elmo Sod Farm Interim Use Permit
11/15/11 Regular Agenda Item # 17
25 cars parked on the site are the most that have ever been observed at one time since the
Christmas tree sales lot has been in business; otherwise, there is a fairly minimal demand
for parking throughout the sales season.
Mr. Myhra stated that all of the Christmas trees are delivered to the site in one truck and
then set up for the entire sales season.
The applicant indicated that the 5-year interval seemed reasonable and did not object to
the terms as recommended by Staff.
The Commission reviewed the findings drafted by Staff and found that the Interim Use Permit
would meet the requirements of the Zoning Ordinance, but requested the following changes to
the Staff recommendation:
That one of the conditions of approval reference the City's sign regulations for,
agricultural sales businesses.
That the proposed language concerning the term of the interim use be amended to better
reflect the intent of the City.
That a statement be added to the Interim Use that specifically notes that the permit
applies only to the sale of Christmas Trees and not to the sod farm.
That the terms of the interim use reflect a recommended end date of January 2017 rather
than the five years that was referenced in the Staff report.
The Planning Commission unanimously recommended approval of the Interim Use Permit
request with the changes noted above and with several conditions of approval. The revised
conditions and interim use language has been included in the attached Resolution and Interim
Use Permit agreement.
PLANNING COMMISSION RECOMMENDATION: Based upon the above background
information, Staff report and Planning Commission recommendation, it is recommended that the
City Council approve the request for an Interim Use Permit from the Lake Elmo Sod Farm, 456
Manning Avenue, to continue operation of a seasonal sales lot from which to sell Christmas
Trees that are grow off -site by undertaking the following action:
"Move to adopt a Resolution approving an Interim Use Permit for the Lake Elmo Sod Farm to
establish a seasonal Christmas tree sales lot at 456 Manning Avenue"
Alternatively, the City Council may table taking action on the application and direct either staff
or the applicant to provide additional information concerning the request.
-- page 2 --
City Council Meeting Lalce Elmo Sod Farm Interim Use Permit
11/15/11 Regular Agenda Item # J7
The Council may also consider denying the Interim Use Permit and should develop findings of
fact to support a motion for denial based on the evidence presented during the course of the City
review.
ATTACHMENTS:
1. Resolution No. 2011 -xxx
2. Interim Use Permit Agreement — Lake Elmo Sod Farm
3. Staff Report (Planning Commission)
4. Application Form
5. Site Plan
6. Aerial Photograph
SUGGESTED ORDER OF BUSINESS:
Introduction of Item City Administrator
Report/Presentation Planning Director
Questions from Council to Staff .............. ...... .................. Mayor Facilitates
Public Input, if Appropriate Mayor Facilitates
Call for Motion Mayor & City Council
Discussion .............. .......... ................ ................... Mayor & City Council
Action on Motion Mayor Facilitates
-- page 3 —
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2011-xxx
A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR AN AGRICULTURAL
SALES BUSINESS AT 456 MANNING AVENUE FOR A
CHRISTMAS TREE SALES LOT
WHEREAS, the Lake Elmo Sod Farm, 456 Manning Avenue, has submitted an
application for an Interim Use Permit to continue the operation of a seasonal sales lot
from which to sell Christmas Trees that are grown off -site; and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake
Elmo Zoning Ordinance, Section 154.019; and
WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on
November 7, 2011 and reviewed and recommended approval of the Interim Use Permit
for a seasonal Christmas tree sales lot; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated November 15,
2011; and
WHEREAS, Section 154.019, Subd. (B, 5) of the City Code requires the
applicant to enter into a consent agreement with the City that specifies the terms and
conditions of the interim use; and
WHEREAS, the Lake Elmo City Council reviewed the interim use permit request
and consent agreement at its November 15, 2011 meeting.
NOW, THEREFORE, based on the testimony elicited and information received,
the City Council makes the following findings:
1) That the procedures for obtaining said Interim Use Permit are found in the Lake
Elmo Zoning Ordinance, Section 154.019.
2) That all the submission requirements of said Section 154.019 hay been met by
the Applicant.
3) That the proposed Interim Use Permit is to continue the operation of a seasonal
sales lot from which to sell Christmas trees that are grown off -site in an A —
Agricultural Zoning District,
4) That the Christmas tree sales occur the day following Thanksgiving through
December 31 of each year.
5) That the interim use includes a display area for Christmas trees, off-street
parking area adjacent to the sales lot, and the use of an existing office within the
southernmost pole barn on the premises. The terms and conditions associated
with the interim use will not apply to any portion of the site that is already used for
permitted activities, including the current sod farm
6) That the proposed use will be located on property legally described as: The
Northwest quarter of the Southeast quarter except commencing at the southwest
corner of the southeast quarter, then north along the western line a distance of
152 feet to point then southeasterly in a straight line to point in Section 36,
Township 29 North, Range 21 West in Washington County in the State of
Minnesota. More commonly known as 456 Manning Avenue.
7) That the use is allowed as an interim use in the respective zoning district and
conforrns to standard zoning regulations. The A — Agriculture district allows the
sale of produce grown off -site as an interim use.
8) That the use will not adversely impact nearby properties through nuisance, noise,
traffic, dust, or unsightliness and will not otherwise,adversely impact the health,
safety, and welfare of the community. The sale of Christmas Trees will be
conducted on property that is otherwise used a sod farm during the growing
season, The sales lot is located in the midst of several agricultural buildings, and
is set back a considerable distance from Manning Avenue. All of the surrounding
uses are agricultural in nature, and the proposed traffic levels will not be
significant enough to negatively impact any adjacent properties.
9) That the use will not adversely impact implementation of the Comprehensive
Plan. The applicants are asking to sell agricultural product from their site. As
identified in the Findings of Ordinance 08-031A, the Comprehensive Plan
expresses a desire to preserve the rural character of Lake Elmo and open space
and green corridors while regulating commercial uses of an agricultural nature.
The Findings provided in Ordinance 08-031A identified that an Agricultural Sales
Business would not adversely impact implementation of the Comprehensive Plan
when regulated through an Interim Use Permit.
10) That the date or event that will terminate the use is identified with certainty. The
consent agreement establishes a termination date for the permit that is set at
January 1, 2017 or upon the sale or transfer of ownership in the property,
whichever occurs first.
11) That the interim use will not impose additional costs on the public if it is
necessary for the public to fully or partially take the property in the future. The
applicant is not requesting to add any additional structures at this time
12) That there are no delinquent property taxes, special assessments, interest, or
city utility fees due upon the subject parcel.
NOW, THERFORE, BE IT RESOLVED that the Lake Elmo City Council hereby
approves the Interim Use Permit at 456 Manning Avenue for an Agricultural Sales
Business to allow the seasonal sales of Christmas trees that are grown off -site and
authorizes the execution of the consent agreement for this interim use subject to the
following conditions:
1) That the applicant signs the approved consent agreement with the City in
accordance with Section 154.019, Subd. (B, 5) of the City Code.
2) The operator must be able to demonstrate at all times to the city that there is
sufficient access, parking, and maneuvering space, that the location and
adequacy of approaches are sufficient, that there is suitable and safe access for
pedestrians, and that customer parking is away from thstravel way and in close
proximity to the agricultural sales business.
3) All waste materials shall be enclosed in containers provided on the site, and shall
not generate any nuisance impacts on adjacent properties.
4) All sidewalks, roadways, and parking areas shall be treated as necessary to
eliminate dust nuisance impacts on adjacent properties.
5)
Trip generation shall be limited to the yearly average daily trips calculated for the
underlying zoning, with no daily trip generation to exceed twice the daily
calculation rate for the underlying zoning. The base daily trip generation is
established at 180 vehicle trips per day for every 40 acres.
6) Any exterior storage of equipment and materials other than the display of
products being sold or agricultural equipment currently in use on the property
shall be prohibited, unless otherwise exempted in accordance with Section
150.001 through 150.003 of the City Code.
7) Roof top or outside building mechanical equipment must be screened from view
from adjacent properties and rights -of -way with an opaque material
architecturally compatible with the building(s).
8) Trash containers must be located inside or screened in an acceptable manner.
9) The Interim Use Permit is to allow the sale of agricultural products that are grown
off site, and specifically Christmas trees. Any other items wishing to be sold that
are not otherwise grown on site or considered an ancillary item shall require an
amendment to the Interim Use Permit.
10) The Interim Use Permit shall expire on January 1, 2017; upon the sale of the
property or a transfer of the business ownership to an outside party (non -family
member); or at such time that the total property utilized for the Lake Elmo Sod
Farm is less than 40 acres; whichever occurs first. At such time as this IUP
expires, an applicant may request an extension.
This resolution was adopted by the City Council of the City of Lake Elmo on the 15th day
of November 2011, by a vote of Ayes and Nays.
Dean A. Johnston, Mayor
ATTEST:
Craig Dawson, Interim City Administrator
(SEAL)
CONSENT AGREEMENT
INTERIM USE PERMIT
1.0 Parties. This Consent Agreement/Interim Use Permit ("Agreement") is
entered into by and between the City of Lake Elmo, a Minnesota statutory city
("City"); the Lake Elmo Sod Farm, ("Applicant") and Yik Chi ("Owner").
2.0 Recitals.
A. Applicant leases land from the Owner of the following described property
situated in Lake Elmo, MN ("Property"): The Northwest quarter of the
Southeast quarter except commencing at the southwest corner of the
southeast quarter, then north along the western line a distance of 152 feet
to point then southeasterly in a straight line to point in Section 36,
Township 29 North, Range 21 West in Washington County in the State of
Minnesota
More commonly known as 456 Manning Avenue North.
B. The Property is zoned Agricultural.
C. Interim uses are allowed in the Agricultural zoning district subject to the
regulations contained in Lake Elmo City Code Section 154.019.
D. The applicant has requested that the City allow a portion of the property to
be used for a Christmas tree lot that sells trees grown from off -site, The
interim use includes a display area for Christmas trees, off-street parking
area adjacent to the sales lot, and the use of an existing office within the
southernmost pole barn on the premises. The terms and conditions
associated with the interim use will not apply to any portion of the site that
is already used for permitted activities, including the current sod farm
E. On the 17th day of October, 2011, the Applicant submitted a completed
application for an Interim Use Permit.
F. On the, 7th day of November, 2011, the Lake Elmo Planning Commission,
at a public hearing, reviewed the Interim Use Permit application, city staff
comments and reports, Applicant's comments and reports, public
comments, and recommended approval of the interim agricultural sales
use subject to certain conditions.
G. On the 15th day of November, 2011, the Lake Elmo City Council reviewed
the Interim Use Permit application, city staff comments and reports,
Applicant's comments and reports, public comments, and the
recommendations of the Lake Elmo Planning Commission, and agreed to
authorize the interim use subject to the terms and conditions as specified
in Section 154.019 of the Zoning Ordinance and Resolution 2011-xxx
approving the interim use permit.
3.0 Terms and Conditions. The Lake Elmo City Council and Applicant, for itself,
and its successors and assigns, agree that the interim agricultural sales use shall
be subject to the following conditions:
A. The Applicant, and its successors and assigns, shall have no
entitlement to future re -approval of the Interim Use Permit.
B. The operator must be able to demonstrate at all times to the city
that there is sufficient access, parking, and maneuvering space,
that the location and adequacy of approaches are sufficient, that
there is suitable and safe access for pedestrians, and that customer
parking is away from the travel way and in close proximity to the
agricultural sales business.
C. All waste materials shall be enclosed in containers provided on the
site, and shall not generate any nuisance impacts on adjacent
properties.
D. All sidewalks, roadways, and parking areas shall be treated as
necessary to eliminate dust nuisance impacts on adjacent
properties.
E. Trip generation shall be limited to the yearly average daily trips
calculated for the underlying zoning, with no daily trip generation to
exceed twice the daily calculation rate for the underlying zoning.
The base daily trip generation is established at 180 vehicle trips per
day for every 40 acres.
F. Any exterior storage of equipment and materials other than the
display of products being sold or agricultural equipment currently in
use on the property shall be prohibited, unless otherwise exempted
in accordance with Section 150.001 through 150.003 of the City
Code.
G. Roof top or outside building mechanical equipment must be
screened from view from adjacent properties and rights -of -way with
an opaque material architecturally compatible with the building(s).
H. Trash containers must be located inside or screened in an
acceptable manner.
The interim use shall comply with the Lake Elmo Sign Ordinance,
and specifically, those provisions concerning signs allowed for an
Agricultural Sales Business.
2
The Interim Use Permit is to allow the sale of agricultural products
that are grown off site, and specifically Christmas trees. Any other
items wishing to be sold that are not otherwise grown on site or
considered an ancillary item shall require an amendment to the
Interim Use Permit.
K. The addition of any new structures or buildings or expansion of
existing structures or buildings, regardless of size, shall require
notification to the City prior to construction.
Applicant and its successors and assigns, agree that in the event of
a full or partial taking of the Property by a governmental unit that
the value of the Property taken will be based on its highest and best
use as it existed prior to the approval of the Interim Use Permit.
M The Interim Use Permit is valid until any one of the events listed
below occurs, whichever occurs first:
1. Until January 1, 2017;
2. Upon the sale of the property or a transfer of the business
ownership to an outside party (non -family member) - the City
will review said Permit with prospective and/or new owner(s)
for potential renewal without new application.
3 At such time that the total property utilized for the Lake Elmo
Sod Farm is less than 40 acres;
4. Until a violation of the conditions of this Consent Agreement;
5. Until a change in the City's zoning regulations, which
renders the interim use non -conforming; or
6. Until the redevelopment of the Property for a permitted or
conditional use as allowed by the City's zoning regulations.
4.0 Renewal of Interim Use Permit. The interim use permit may be renewed by the
Council upon the occurrence of either events listed in Section (U, 1) or (U, 2)
above. With the exception of (U, 2), a renewal application shall be requested in
accordance with Section 154.019 (J) of the City Code.
5.0 Acknowledgement of the Permitted Uses. Any Permitted Use that was
previously conducted on the Property is allowed to continue in conjunction with
the Interim Use Permit.
6.0 Acknowledgement and Consent. Applicant acknowledges that this is a legally
binding agreement and that Applicant has had an opportunity to review the
Agreement with legal
and its restrictions on
7.0 Effective Date. This
upon execution by all
Date: 11/15/11
counsel. Applicant consents to the terms of this Agreement
the use of the Property and the Interim Use Area.
Consent Agreement/Interim Use Permit shall be effective
parties.
CITY OF LAKE ELMO
By:
Dean Johnston
Mayor
Lake Elmo Sod Farm
By:
Its:
OWNER
Anthony Myhra
By:
Yik Chi
Its:
S:\Land Use\ Interim Use\Lake Elmo Sod Farm - Christmas Tree Sales\IUP Agreement Lake Elmo Sod Farm - Draft 7-9-11,doc
4
City of Lake Elmo Planning Department
interim Use Permit Request
To: Lake Elmo Planning Commission
From: Kyle Klatt, Planning Director
Meeting Date: 11/7/1.1
Applicant: Lake Elmo Sod Farm
Representatives,. Anthony and John Myhra
Location: 456 Manning Avenue
Zoning: Agricultural (A)
Introductory Information
Application The applicant is seeking an interim use permit (IUP) to establish a seasonal lot
Summary: from which to sell Christmas Trees that are produced off site. The proposed sales
lot is part of a larger sod farm that has been in operation for many years, and that
has historically also sold Christmas Trees for approximately one month during the
holiday season. None of the trees sold on this site are grown on their Lake Elmo
property; therefore an Interim Use Permit is needed to establish an Agricultural
Sales Operation (which allows for sales of produce grown off -site) on the
premises.
Staff is recommending that the term of the interim use be established at 5 years
given the relatively minor impacts that are expected from the Christmas Tree Sales
Lot.
Applicable Section 11.01 Definitions
Codes:
AGRICULTURAL SALES BUSINESS. The retail sale of fresh fruits,
vegetables, flowers, herbs, trees, or other agricultural, floricultural, or horticultural
products. produced on the premises. The operation may be indoors or outdoors,
include pick -your -own or cut -your -own opportunities include pick -your -own
opportunities, and may involve the ancillary sale of items considered accessory to
the agricultural products being sold or accessory sales of unprocessed foodstuffs;
home processed food products such as jams, jellies, pickles, sauces; or baked
goods and homemade handicrafts. The floor area devoted to the sale of accessory
items shall not exceed 25% of the total floor area, No commercially packaged
handicrafts or commercially processed or packaged foodstuffs shall be sold as
accessory items. No activities other than the sale of goods as outlined above shall
be allowed as part of the AGRICULTURAL SALES BUSINESS.
Lake Elmo Sod Farm Christmas .Tree Lot IUP Reitirest
Planning Commission Report,- .1 ii
Section 154.019 Interim Use Permits
Outlines the general requirements for all interim permitted uses in Lake Elmo.
Section 154.033 Agricultural Zoning District
(Cl 1. Uses permitted by Interim Use Permit. Agricultural Sales Businesses
subject to petformance standards outlined in Section 154.110.
Section 154.110 Agricultural Sales Businesses
Lists the standards that must be observed in order to operate an agricultural
sales business.
Findings & General Site Overview
Site Data: Lot Size: 39.4 Acres
Existing Use: Lake Elmo Sod Farm (Agriculture)
Existing Zoning: Agricultural (A)
Property Identification Number (PID): 36.029.21.41.0001
Application Review:
History: Other than a few miscellaneous permits for accessory buildings and a farm
dwelling structure, there is not a lot of information in the City's files concerning
the applicant's property. The sod farm has been in operation for over 20 years,
and Staff is not aware of any significant issues of problems that have arisen
regarding this operation.
The Sod Farm has sold Christmas trees for the past several years during the
holiday season as a way to supplement its income during the winter months. No
improvements are proposed or needed to support the sale of Christmas trees on the
applicant's site, and all sales are conducted from the same office that is used to
manage the sod farm's business activities. The display area for Christmas Trees
and the customer parking area is located in the middle of a cluster of buildings,
which is approximately 13,000 square feet in area. This area is not paved, but is
made up of a crushed rock/milled surface that has in previous years proved
adequate to accommodate the parking needed for the sales lot.
Based on discussions with the applicant, the anticipated traffic to the site will be
approximately 10 vehicles per day on a typical weekday, with 100 vehicle trips the
absolute maximtun for the busiest weekends (with the peak typically on one of the
Saturdays before Christmas). Given the size of the proposed parking area and
distance between the parking/sales lot area and Manning Avenue, the anticipated
traffic impacts should be fairly minor.
All sales will be conducted from the existing office used by the sod farm, and no
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Lake Elmo Sod Farm Christmas TreeSiles Lo ItIP iqucst
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bathrooms are available for customer use.
Prior to 2008, Lake Elmo regulations allowed agricultural uses such as
greenhouses and the sale of produce grown on site. In 2008, the City added
Agricultural Sales Business (ASB) and Agricultural Entertaimnent Business
(AEB) as conditional uses in certain zoning districts. The definitions for ASB and
AEB stated the use was restricted to allow the sale of produce produced on the
premises. When the City was first setting the performance standards in 2008 when
those categories of conditional uses were created, such language served to limit the
scale of commercial activity.
In 2010, the City then amended codes. to allow the sale of produce grown off site
in Agricultural, Rural Residential and OP Zoning Districts. In addition, changes
were made to require an interim use permit subject to performance standards
instead of allowing the use outright. Because all of the Christmas Trees sold by
the sod farm are brought in from off -site, the applicant must now secure an interim
use permit in order to continue selling trees that are not grown on the premises.
The City Council created a special fee for existing agricultural operations that
were impacted by the ordinance amendments, and the sod farm is one of the
businesses that has been impacted by this change.
IUP Review Interim uses must be reviewed under both the general criteria for such as well as
Criteria: the specific criteria outlined for the requested use. Keep in mind that for these
types of applications, the burden is on the City to show why the use should or
should not be peiiiiitted. For the sale of produce grown off site, the following
performance standards apply:
I. Activities shall be limited to those listed within the definition for Agricultural
Sales Business.
- Staff finds that this criteria is met.
2. The agricultural sales business shall be located on land owned or leased by
the producer or the operator of the business and not within or on any public
right-of-way or easements.
- Staff finds that this criteria is met.
3. The operator must be able to demonstrate at all times to the city that there is
sufficient access, parking, and maneuvering space, that the location and
adequacy of approaches are sufficient, that there is suitable and safe access
for pedestrians, and that customer parking is away from the travel way and
in close proximity to the agricultural sales business.
- Added as a condition of approval.
4. All waste materials shall be enclosed in containers provided on the site, and
shall not generate any nuisance impacts on adjacent properties.
- Added as a condition of approval.
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Lake .Ehho Sod Farm Christmas Tree Saws Loi IUP Regmcfsi
Planning Commission Report; 1
(cont.)
5. All sidewalks, roadways, and parking areas shall be treated as necessary to
eliminate dust nuisance impacts on adjacent properties,
- Added as a condition of approval.
6. The maximum gross floor area that can be devoted to sales activities is
limited to 20,000 square feet
- The Christmas Tree sales office is located within an existing building
approximately 3,200 square feet in size, Since all sales are conducted in an
outside lot, the applicant will fall well below the maximum allowed building size
for the sales activity.
7. Parking shall be provided in accordance with the parking requirements for
other commercial uses, as per City Code 154.051 (C). All parking must
occur on -site, be on a primary surface such as class five gravel or pavement;
and must be set back at least 30 feet from all property lines.
- Staff finds this criteria is met. Although parking stalls are not delimitated on the
site plan or marked on the property, there is room for a least 20 cars in front of the
office, and room for many more on the driveway and around other outbuildings
surrounding the lot,
8. The minimum lot size shall be 40 acres for any agricultural sales business.
- Because minimum lot size requirements in Agricultural zones can include rigt-
of-way areas, this standard is met by the applicant.
9. On -site wastewater handling system shall be planned and designed by a
licensed professional and approved by the City or its designated responsible
authority. Usable primary and alternate well and septic sites sized for the
maximum anticipated usage of the property shall be identified on the
property. Alternate site shall be protected in the site plan design, and will
only need to be used upon failure of a primary site.
- The proposed Christmas Tree sales lot will not impact the existing well or septic
systems on the site since no bathrooms are available for public use.
10. Any structures constructed for the agricultural sales business shall be
consistent on design and appearance with other agricultural buildings in the
area.
- The applicant is not proposing any additional buildings at this time. Staff finds
this criteria is met.
11. Trip generation shall be limited to the yearly average daily trips calculated
for the underlying zoning, with no daily trip generation to exceed twice the
daily calculation rate for the underlying zoning. The base daily trip
generation is established at 180 vehicle trips per day for every 40 acres.
- The Christmas Tree sales lot will fall well under the maximum trip generation
required under the code,
12. The maximum impervious coverage for the buildings, parking areas and
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(cont.)
other uses devoted to the agricultural sales business shall not exceed 40,000
square feet and the remainder shall be suitably landscaped.
- The maximum area devoted to Christmas Tree sales is under 20,000 square feet,
and will therefore comply with this provision.
13. Any activities that are defined as an Agricultural Entertainment Business
shall require a separate Interim Use Pernsit.
- This criteria does not apply to the applicant.
14. Any exterior storage of equipment and materials other than the display of
products being sold or agricultural equipment currently in use on the
property shall be prohibited, unless otherwise exempted in accordance with
Section 150.001 through 150.003 of the City Code.
- Added as a condition of approval.
15. There shall be a minimum buffer of 100 feet between any sales areas or sales
buildings and any adjacent residential property lines.
- There are no residential properties within 100 feet of the applicant's sales lot.
16. Roof top or outside building mechanical equipment must be screened from
view from adjacent properties and rights -of -way with an opaque material
architecturally compatible with the building(s).
- Added as a condition of approval.
17. Trash containers must be located inside or screened in an acceptable
manner.
- Added as a condition of approval.
18. The operator shall adhere to the general review criteria applicable to all
Interim Use Permit applications.
- This is identified in the review criteria below.
19. No activities or structures beyond those specified in the Interim Use Permit
shall be added before review by the city to determine compliance with this
ordinance.
- The applicant is not requesting any additional structures at this time.
As mentioned, there are additional general review criteria required for all interim
use permits.
1. The use is allowed as an interim use in the respective zoning district and
conforms to standard zoning regulations.
- The Agricultural zoning district was amended in 2010 to include Agricultural
Sales Business as an Interim Use.
2. The use will not adversely impact nearby properties through nuisance, noise,
traffic, dust, or unsightliness and will not otherwise adversely impact the
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Planning Commission Report; 11-7-11
Resident
Concerns:
Other Agency
Reviews:
health, safety, and welfare of the cornrnunily
- The sale of Christmas' Trees will be conducted on property that is otherwise used
a sod farm during the growing season, The sales lot is located in the midst of
several agricultural buildings, and is set back a considerable distance from
Manning Avenue. All of the surrounding uses are agricultural in nature, and the
proposed traffic levels will not be significant enough to negatively impact any
adjacent properties.
3. Use will not adversely impact implementation of the comprehensive plan.
- The applicants are asking to sell agricultural product from their site. As
identified in the Findings of Ordinance 08-031A, the Comprehensive Plan
expresses a desire to preserve the rural character of Lake Elmo and open space and
green corridors while regulating commercial uses of an agricultural nature. The
Findings provided in Ordinance 08-031A identified that an Agricultural Sales
Business would not adversely impact implementation of the Comprehensive Plan
when regulated through an Interim Use Permit.
4. The date or event that will terminate the use is identified with certainty.
- Staff is suggesting that the Interim Use Permit terminate 5 years from the date on
which the permit is granted or if the property is sold to an outside party, whichever
is greater.
5. The user agrees to all conditions that the City Council deents appropriate for
permission of the use. This may include the requirement of appropriate
financial surety such as a letter of credit or other security acceptable to the
City to cover the cost of removing the interim use and any interim structures
not currently existing on the site, upon the expiration of the interim use
permit
- Because the applicant is not requesting to add any additional structures at this
time, staff is not recommending any financial surety be requested.
6. There are no delinquent property taxes, special assessments, interest, or city
utility fees due upon the subject parcel.
- City staff is not aware of any fees due,
Staff is not aware of any resident concerns surrounding the requested interim use
permit.
• The VBWD and the DNR did not have any comment for or against the
application.
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Lake Elmo Sod Christmas Treea1e, „itILIP Request
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Conclusion:
The applicant is seeking approval of an IUP for an Agricultural Sales Business to
continuing operating a Christmas Tree sales lot at 456 Manning Avenue.
Commission The Planning Commission has the following options:
Options:
A) Recommend approval of the Interim Use Permit request;
13) Recommend denial of the Interim Use Permit request;
The 60-day review period for this application expires on December 17, 2011, but
can be extended an additional 60 days if more time is needed.
Staff Rec: Staff is recommending approval of an Interim Use Permit to allow an Agricultural
Sales Business to allow the continued operation of a Christmas Tree sales lot at
456 Manning Avenue for a period of 5 years that will involve the sale of
Christmas Trees grown off of the premises. This approval is recommended based
on the findings as documented by Staff in the preceding paragraphs with the
following conditions:
• The operator must be able to demonstrate at all times to the city that there
is sufficient access, parking, and maneuvering space, that the location and
adequacy of approaches are sufficient, that there is suitable and safe access
for pedestrians, and that customer parking is away from the travel way and
in close proximity to the agricultural sales business.
• All waste materials shall be enclosed in containers provided on the site,
and shall not generate any nuisance impacts on adjacent properties.
• All sidewalks, roadways, and parking areas shall be treated as necessary to
eliminate dust nuisance impacts on adjacent properties.
• Trip generation shall be limited to the yearly average daily trips calculated
for the underlying zoning, with no daily trip generation to exceed twice the
daily calculation rate for the underlying zoning. The base daily trip
generation is established at 180 vehicle trips per day for every 40 acres.
• Any exterior storage of equipment and materials other than the display of
products being sold or agricultural equipment currently in use on the
property shall be prohibited, unless otherwise exempted in accordance with
Section 150.001 through 150.003 of the City Code.
• Roof top or outside building mechanical equipment must be screened from
view from adjacent properties and rights -of -way with an opaque material
architecturally compatible with the building(s).
• Trash containers must be located inside or screened in an acceptable
manner.
5: LaiUsoVriterim UseiLalce Elmo Sod Christtruo• 'Fro; ['qd Loice i..11no Sod 11.11' +1:1(ristmas "i'rce Sales
I,do,?
Page 7
Lake Elmo Srd 17 tam Christmas Troe Lot Requesi
Planning Commission Report; 11-741
• The Interim Use Permit is to allow the sale of agricultural products that are
grown off site, and specifically Christmas trees. Any other items wishing
to be sold that are not otherwise grown on site or considered an ancillary
item shall require an amendment to the Interim Use Permit,
• The Interim Use Permit shall expire on January 1, 2017 or at such time as
the property on which this Interim Use Permit applies is sold to an outside
party or at such time as the total property utilized for the Lake Elmo Sod
Farrn is less than 40 acres. At such time as this IUP expires, an applicant
may request an extension,
Approval Motion To recommend approval of the request, you may use the following motion as a
Template: guide:
I move to recommend approval of the requested IUP based on the findings
cited by staff in the report with conditions (and others as you deem
appropriate).
Denial Motion To recommend denial of the request, you may use the following motion as a
Template: guide:
Move to recommend denial of the requested IUP based on the findings of
fact...(please site reasons or the recommendation)
cc: Anthony Myhra, Lake Elmo Sod Farm
Eitno .So(! Farm - Chri:ittfurti Tro. i)(:" Firno Sod 1(.1' ChrisaiixJ rec:
ral
1;fte
OCT 1 7 ZUll City of Lake Elmo
DEVELOPMENT APPLICATION FORM
Compnihensiv.e,Plan Amendment
,
EI Zoning Distriat Ainendment
El Text Amendment
E Flood Plain C.U.P.
Conditional Use Permit
evittlitional-Use Permit (C.U.P,)
APPLICANT: La k.
(Name)
TELEPHONES: 25f
(Home)
FEE OWNER; Yi k
(Name)
TELEPHONES:
PROPERTY
(Home)
Variance * (See below)
Minor Subdivision
Lot Line Adjustment
E Residential Subdivision
Sketch/Concept Plan
12 Site & Building Plan Review
Ely1,1 a, _ OA
(Mailing Address)
36,- ---765c-_)
(r \
(Work) (Mobile)
G'927
(Mailing Address)
(Work) (Mobile)
Fee
El Residential Subdivision
Preliminary/Final Plat
O 01 — 10 Lots
O 11 — 20 Lots
O 21 Lots or More
Lil Excavating & Grading Permit
1111 Appeal I PUD
P.c R 2 (0 k1
CATION (Address and Complete (Long) Legal Description):
/4/1, n r /-2 A L Cce,
DETAILED REASON FOR REQUEST:
cp 01, 14-9(7.
(Zip) 550A:
(Fax)
(Zip)
(Fax)
vl'enrLk
*VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Ehno Municipal Code, the Applicant must
demonstrate a hardship before a variance can be granted. The hardship related to this application is as follows:
In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the
Zoning and Subdivision Ordinances and current administrative procedures. 1 further acknowledee the fee explanation as
outlined in the application procedures and hereby agree to pa-'' all statements received from the City pertaining to
additional application expense.
0-2
Signature of Applicant
/6-/-)..)1
Date '
plicarit Date
1 /22/2004 City of Lake Elmo . 3800 Laverne Avenue North • Lake Elmo 55042 • 651-777-5510 Fax 651-777-9615
AYOR & COUNCIL COMMUNICATION
AGENDA ITEM:
SUBMITTED BY:
THROUGH:
REVIEWED BY:
DATE: 11/15/11
REGULAR
ITEM #: J8
MOTION/RESOLUTION
Interim Use Permit: Krueger Christmas Tree Farm to Allow the
Supplemental Sales of Trees Grown Off -site
Kyle Klatt, Planning Director
Craig Dawson, Interim City Administrator
Planning Commission
SUMMARY AND ACTION REOUESTED: The City Council is being asked to consider a
request for an Interim Use Permit from Krueger's Christmas Tree Farm, 4452 Lake Elmo
Avenue North, to allow the sale of Christmas Trees that are grown off -site to supplement the sale
of trees that are grown on their farm. The applicants' farm has been in operation for nearly 30
years, but due to recent changes in the Zoning Ordinance concerning Agricultural Sales
Businesses, will need to secure an 'Interim Use Permit in order to sell trees to supplement the
ones that are grown on their property.
The recommended motion to act on this is as follows:
"Move to adopt a Resolution approving an Interim Use Permit for Krueger's Christmas Tree
Farm to allow the sale of Christmas Trees that are grown off -site to supplement the sale of
trees that are grown on their farm at 4452 Lake Elmo Avenue North"
BACKGROUND INFORMATION: The attached Planning Commission report includes a
detailed review of the application along with the original Staff recommendation to the
Commission.
PLANNING COMMISSION REPORT: The Planning Commission reviewed the Interim use
Permit request at its November 7, 2011 meeting and conducted a public hearing on the
application at this time, No public comments concerning the request were received by the
Planning Coimnission.
Neil and Deb Krueger spoke at the Planning Commission meeting, and distributed information
concerning their operation (which has been reproduced and attached for consideration by the
-- page 1 --
4
City Council Meeting
11/15/11
Krueger Tree Farm Interim Use Permit
Regular Agenda Item # 58
City Council). In addition to the handouts provided at the meeting, the Krueger's made the
following comments:
The Kruegers have been growing Christmas trees for 30 years, and they are looking to
keep the farm within the family.
The tree farm is a good fit for Lake Elmo and will help the City achieve its objection of
preserving rural character. The City should be making it easier to conduct this type of
business.
The applicants expressed concern regarding the term limit of the Interim Use Permit, and
noted that it takes at least 10 to 12 years to grow a tree that can then be sold. They stated
that they would like assurance that the permit would be in effect during the life of a tree,
and requested a minimum of a 20-year term.
The applicants noted their dissatisfaction with the process to amend the code, and
encouraged the City to keep those impacted by ordinance changes involved in the
process.
The Commission reviewed the findings drafted by Staff and found that the Interim Use Permit
would meet the requirements of the Zoning Ordinance, but requested the following changes to
the Staff recommendation:
That the term of the interim use be established at 20 years in order to account for the long
period of time it takes to grow a Christmas tree. The Commission indicated that this
longer term was appropriate because the City's future land use plan identifies the
applicants' land is guided as "green-belt/open space" which is consistent with an
Agricultural Sales Business. The City's other Interim Uses that have been approved for_
shorter terms are located in areas that are planned for future sewered development or for
rural residential development. Staff initially recommended a 10-year term.
That the proposed language concerning the term of the interim use be amended to better
reflect the intent of the City.
That the language concerning the termination of the interim use be revised to allow a
family member of the applicant to continue the use.
That a statement be added to the Interim Use that specifically notes that the permit
applies only to the sale of Christmas Trees grown off -site and not to other activities that
are otherwise permitted for an agricultural use.
That the interim use permit specifically state that the applicant will be allowed to
supplement the sale of Christmas trees grown on -site with trees grown off -site throughout
the duration of the interim use permit, regardless of whether or not applicant sells such
produce in any given year.
page 2 --
City Council Meeting
11/15/11
Krueger. Tree Farm Interim Use Permit
Regular Agenda Item # J8
The Planning Commission unanimously recommended approval of the Interim Use Permit
request with the changes noted above and with several conditions of approval. The revised
conditions and interim use language has been included in the attached Resolution and Interim
Use Permit agreement,
PLANNING COMMISSION RECOMMENDATION: Based upon the above background
information, Staff report and Planning Commission recommendation, it is recommended that the
City Council approve the request for an Interim Use Permit from Krueger's Christmas Tree
Farm, 4452 Lake Elmo Avenue North, to allow the sale of Christmas Trees that are grown off -
site to supplement the sale of trees that are grown on their farm by undertaking the following
action:
'Move to adopt a Resolution approving an Interim Use Permit for Krueger's Christmas Tree
Farm to allow the sale of Christmas Trees that are grown off -site to supplement the sale of
trees that are grown on their farm at 4452 Lake Elmo Avenue North"
Alternatively, the City Council may table taking action on the application and direct either staff
or the applicant to provide additional infoiination concerning the request.
The Council may want to also consider a shorter term for the interim use since no other interim
uses that have been approved so far by City have been granted for longer than five years. The
Staff recommendation to the Planning Commission was for a 10 year term.
The Council may also consider denying the Interim Use Permit and should develop findings of
fact to support a motion for denial based on the evidence presented during the course of the City
review.
ATTACHMENTS:
1. Resolution No. 2011-xxx
2. Interim Use Permit Agreement — Krueger' s Christmas Tree Farm
3. Staff Report (Planning Commission)
4. Application Form
5. Application Letter from Neil and Deb Krueger
6. Site Plan/Aerial Photograph of Site
7. Tree Farm Informational Materials (Handed Out at Planning Commission Meeting)
SUGGESTED ORDER OF BUSINESS:
Introduction of Item ................ „. .......... ......... ..... City Administrator
Report/Presentation .................... ............... ............ ....... Planning Director
— page 3 --
Krueg1i free Farm Interim Use Permit
City Council Meeting
11/15/11 Regular Agenda Item # J8
Questions from Council to Staff
Public Input, if Appropriate .............................................
Call for Motion
Discussion
Action on Motion
Mayor Facilitates
Mayor Facilitates
Mayor & City Council
Mayor & City Council
Mayor Facilitates
- page4--
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2011-xxx
A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR AN AGRICULTURAL
SALES BUSINESS AT 4452 LAKE ELMO AVENUE NORTH TO ALLOW THE
SUPPLEMENTAL SALES OF CHRISTMAS TREES GROWN OFF -SITE
WHEREAS, Krueger's Christmas Tree Farm, 4452 Lake Elmo Avenue North
(Applicant), has submitted an application to the City of Lake Elmo (City) for an Interim
Use Permit to allow the sale of Christmas trees that are grown off -site to supplement the
sale of trees that are grown on the Applicant's farm; and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake
Elmo Zoning Ordinance, Section 154.019; and
WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on
November 7, 2011 and reviewed and recommended approval of the Interim Use Permit
for the sale of Christmas trees that are grown off -site; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated November 15,
2011; and
WHEREAS, Section 154.019, Subd. (B, 5) of the City Code requires the
applicant to enter into a consent agreement with the City that specifies the terms and
conditions of the interim use; and
WHEREAS, the Lake Elmo City Council reviewed the interim use permit request
and consent agreement at its November 15, 2011 meeting.
NOW, THEREFORE, based on the testimony elicited and information received,
the City Council makes the following findings:
1) That the procedures for obtaining said Interim Use Permit are found in the Lake
Elmo Zoning Ordinance, Section 154.019.
2) That all the submission requirements of said Section 154.019 have been met by
the Applicant.
3) That the proposed Interim Use Permit is to allow the sale of Christmas Trees that
are grown off -site to supplement the sale of trees that are grown on the
applicant's farm in an A — Agriculture and RR — Rural Residential Zoning District.
4) That the Christmas tree sales occur during the month of November and through
December 315` of each year.
5) That the proposed Interim Use will make use of the existing facilities that are
used to support the Christmas tree farm, including a sales building, warming
house, and off-street parking area, and that the terms and conditions associated
with the interim use will not apply to any portion of the site that is already used for
permitted activities, including the current tree farm.
6) That the applicant will be allowed to supplement the sale of Christmas trees
grown on -site with trees grown off -site throughout the duration of the interim use
permit, regardless of whether or not applicant sells produce grown off -site in any
given year.
7) That the proposed use will be located on property legally described as: Part of
the east half (1/2) of the southeast quarter (1/4) lying northerly of the current
existing east -west right-of-way known as 43rd Street North, in Section 11,
Township 029 West, Range 21 North in Washington County and State of
Minnesota. Commonly known as 4452 Lake Elmo Avenue North.
8) That the use is allowed as an interim use in the respective zoning district and
conforms to standard zoning regulations. The Agricultural and Rural Residential
zoning districts were amended in 2010 to include Agricultural Sales Business as
an Interim Use in each district.
9) That the use will not adversely impact nearby properties through nuisance, noise,
traffic, dust, or unsightliness and will not otherwise adversely impact the health,
safety, and welfare of the community. The Krueger's Christmas Tree Farm has
been in operation for approximately 30 years. Staff is not aware of any issues or
nuisance conditions that have been identified in this period of time, and the
proposed Interim Use Permit will not alter the current operations in any significant
manner.
10) That the use will not adversely impact implementation of the Comprehensive
Plan. The applicants are asking to sell agricultural product from their site. As
identified in the Findings of Ordinance 08-031A, the Comprehensive Plan
expresses a desire to preserve the rural character of Lake Elmo and open space
and green corridors while regulating commercial uses of an agricultural nature.
The Findings provided in Ordinance 08-031A identified that an Agricultural Sales
Business would not adversely impact implementation of the Comprehensive Plan
when regulated through an Interim Use Permit.
11) That the date or event that will terminate the use is identified with certainty. The
interim use agreement establishes a termination date for the permit that is set at
January 1, 2032 or upon the sale or transfer of ownership in the property,
whichever occurs first.
12) That the interim use will not impose additional costs on the public if it is
necessary for the public to fully or partially take the property in the future. The
applicant is not requesting to add any additional structures at this time
13) That there are no delinquent property taxes, special assessments, interest, or
city utility fees due upon the subject parcel.
NOW, THERFORE, BE IT RESOLVED that the Lake Elmo City Council hereby
approves the Interim Use Permit at 456 Manning Avenue for an Agricultural Sales
Business to allow the seasonal sales of Christmas trees that are grown off -site and
authorizes the execution of the consent agreement for this interim use subject to the
following conditions:
1) That the applicant signs the approved consent agreement with the City in
accordance with Section 154.019, Subd. (B, 5) of the City Code.
2) The operator must be able to demonstrate at all times to the city that there is
sufficient access, parking, and maneuvering space, that the location and
adequacy of approaches are sufficient, that there is suitable and safe access for
pedestrians, and that customer parking is away from the travel way and in close
proximity to the agricultural sales business.
3) All waste materials shall be enclosed in containers provided on the site, and shall
not generate any nuisance impacts on adjacent properties.
4) All sidewalks, roadways, and parking areas shall be treated as necessary to
eliminate dust nuisance impacts on adjacent properties.
5) Trip generation shall be limited to the yearly average daily trips calculated for the
underlying zoning, with no daily trip generation to exceed twice the daily
calculation rate for the underlying zoning. The base daily trip generation is
established at 180 vehicle trips per day for every 40 acres.
6) Any exterior storage of equipment and materials other than the display of
products being sold or agricultural equipment currently in use on the property
shall be prohibited, unless otherwise exempted in accordance with Section
150.001 through 150.003 of the City Code.
7) Roof top or outside building mechanical equipment must be screened from view
from adjacent properties and rights -of -way with an opaque material
architecturally compatible with the building(s).
8) Trash containers must be located inside or screened in an acceptable manner.
9) The Interim Use Permit is to allow the sale of agricultural products that are grown
off site, and specifically Christmas trees. Any other items sold that are not
otherwise grown on site or considered an ancillary item shall require an
amendment to the Interim Use Permit.
10) The Interim Use Permit shall expire on January 1, 2032; upon the sale of the
property or a transfer of the business ownership to an outside party (non -family
member); or at such time that the total property utilized for the Krueger Christmas
tree farm is less than 40 acres; whichever occurs first. At such time as this IUP
expires, an applicant may request an extension.
This resolution was adopted by the City Council of the City of Lake Elmo on the 15th day
of November 2011, by a vote of Ayes and Nays.
Dean A. Johnston, Mayor
ATTEST:
Craig Dawson, Interim City Administrator
(SEAL)
CONSENT AGREEMENT
INTERIM USE PERMIT
1.0 Parties, This Consent Agreement/Interim Use Permit ("Agreement") is
entered into by and between the City of Lake Elmo, a Minnesota statutory city
("City"); Neil and Deb Krueger representing Krueger's Christmas Tree Farm,
("Applicant").
2.0 Recitals.
A. Applicant is the record fee Owner of the following described property
situated in Lake Elmo, MN ("Property"): Part of the east half (1/2) of the
southeast quarter (1/4) lying northerly of the current existing east -west
right-of-way known as 43rd Street North, in Section 11, Township 029
West, Range 21 North in Washington County and State of Minnesota.
Commonly known as 4452 Lake Elmo Avenue North.
B. The Property is zoned Agricultural and Rural Residential
C. Interim uses are allowed in the Agricultural and Rural Residential zoning
districts subject to the regulations contained in Lake Elmo City Code
Section 154.019.
D. The applicant has requested that the City allow its Christmas tree farm to
supplement the sale of Christmas trees grown on the farm with trees that
are grown off -site. The interim use will make use of the existing facilities
that are used to support the Christmas tree farm, including a sales
building, warming house, and off-street parking area. The terms and
conditions associated with the interim use will not apply to any portion of
the site that is already used for permitted activities, and specifically the
Christmas tree farm.
E. On the 20th day of October, 2011, the Applicant submitted a completed
application for an Interim Use Permit.
F. On the 7th day of November, 2011, the Lake Elmo Planning Commission,
at a public hearing, reviewed the Interim Use Permit application, city staff
comments and reports, Applicant's comments and reports, and public
comments, and recommended approval of the interim agricultural sales
use subject to certain conditions.
G. On the 15th day of November, 2011, the Lake Elmo City Council reviewed
the Interim Use Permit application, city staff comments and reports,
Applicant's comments and reports, public comments, and the
recommendations of the Lake Elmo Planning Commission, and agreed to
authorize the interim use subject to the terms and conditions as specified
in Section 154.019 of the Zoning Ordinance and Resolution 2011-xxx
approving the interim use permit.
3.0 Terms and Conditions. The Lake Elmo City Council and Applicant, for itself,
and its successors and assigns, agree that the interim agricultural sales use shall
be subject to the following conditions:
A. The Applicant, and its successors and assigns, shall have no
entitlement to future re -approval of the Interim Use Permit.
B. The applicant will be allowed to supplement the sale of Christmas
trees grown on -site with trees grown off -site throughout the duration
of the interim use permit, regardless of whether or not applicant
sells produce grown off -site in any given year.
C. The operator must be able to demonstrate at all times to the city
that there is sufficient access, parking, and maneuvering space,
that the location and adequacy of approaches are sufficient, that
there is suitable and safe access for pedestrians, and that customer
parking is away from the travel way and in dose proximity to the
agricultural sales business.
D. All waste materials shall be enclosed in containers provided on the
site, and shall not generate any nuisance impacts on adjacent
properties.
E. All sidewalks, roadways, and parking areas shall be treated as
necessary to eliminate dust nuisance impacts on adjacent
properties.
F Trip generation shall be limited to the yearly average daily trips
calculated for the underlying zoning, with no daily trip generation to
exceed twice the daily calculation rate for the underlying zoning.
The base daily trip generation is established at 180 vehicle trips per
day for every 40 acres.
G. Any exterior storage of equipment and materials other than the
display of products being sold or agricultural equipment currently in
use on the property shall be prohibited, unless otherwise exempted
in accordance with Section 150.001 through 150.003 of the City
Code.
H. Roof top or outside building mechanical equipment must be
screened from view from adjacent properties and rights -of -way with
an opaque material architecturally compatible with the building(s).
Trash containers must be located inside or screened in an
acceptable manner.
2
The Interim Use Permit is to allow the sale of agricultural products
that are grown off site, and specifically Christmas trees. Any other
items sold that are not otherwise grown on site or considered an
ancillary item shall require an amendment to the Interim Use
Permit.
K. The addition of any new structures or buildings or expansion of
existing structures or buildings, regardless of size, shall require
notification to the City prior to construction.
L Applicant and its successors and assigns, agree that in the event of
a full or partial taking of the Property by a governmental unit that
the value of the Property taken will be based on its highest and best
use as it existed prior to the approval of the Interim Use Permit,
The Interim Use Permit is valid until any one of the events listed
below occurs, whichever occurs first:
1. Until January 1, 2032;
2. Upon the sale of the property or a transfer of the business
ownership to an outside party (non -family member) - the City
will review said Permit with prospective and/or new owner(s)
for potential renewal without new application.
3 At such time that the total property utilized for the Lake Elmo
Sod Farm is less than 40 acres;
4. Until a violation of the conditions of this Consent Agreement;
5. Until a change in the City's zoning regulations, which
renders the interim use non -conforming; or
6. Until the redevelopment of the Property for a permitted or
conditional use as allowed by the City's zoning regulations.
4.0 Renewal of Interim Use Permit. The interim use permit may be renewed by the
Council upon the occurrence of either events listed in Section (U, 1) or (U, 2)
above. With the exception of (U, 2), a renewal application shall be requested in
accordance with Section 154.019 (J) of the City Code.
5.0 Acknowledgement of the Permitted Uses. Any Permitted Use that was
previously conducted on the Property is allowed to continue in conjunction with
the Interim Use Permit.
6.0 Acknowledgement and Consent. Applicant acknowledges that this is a legally
binding agreement and that Applicant has had an opportunity to review the
Agreement with legal
and its restrictions on
TO Effective Date. This
upon execution by all
Date: 11/15/11
counsel. Applicant consents to the terms of this Agreement
the use of the Property and the Interim Use Area.
Consent Agreement/Interim Use Permit shall be effective
parties.
CITY OF LAKE ELMO
By:
Dean Johnston
Mayor
Krueger's Christmas Tree Farm
By:
Its:
By:
Its:
Neil Krueger
Deb Krueger
nterlm UselKrueger Tree Farm11UP Agreement Krueger Tree Farm - Draft 7-9-1 tdoc
4
City of Lake Elmo Planning Department
Interim Use Permit Request
To:. Lake Elmo Planning Commission
From; Kyle Klatt, Planning Director
Meeting Date: 11/7/11
Applicant: Krueger's Christmas Tree Farm
Representatives.. Neil and Deb Krueger
Location: 4452 Lake Elmo Avenue North
Zoning: Rural Residential/Agricultural (A)
Introductory Information
Application The Krueger Christmas Tree Farm has requested an interim use permit (IUP) to
Summary: allow the sale of Christmas Trees that are grown off -site to supplement the sale of
trees that are grown on their faun. Depending on the circumstances in any given
year, the applicant supplements a portion of their sales activity with trees that are
not grown on the farm; however, because the need (or opportunities) to do such
supplementing will vary considerably from year to year, there is not a specific
level or amount of supplemental materials that will accompany this request. Since
this particular application will not alter any of the current farm or sales operation,
Staff is recommending that the permit be approved on a general basis to sell some
Christmas Trees that are grown off -site.
The applicant has requested an extended interim use period, citing their continued
operation as a working Christmas Tree Farm. Staff is suggesting that the initial
review period be established at 10 years.
Applicable Section 11.01 Definitions
Codes:
AGRICULTURAL SALES BUSINESS. The retail sale of fresh fruits,
vegetables, flowers, herbs, trees, or other agricultural, floricultural, or horticultural
products. produced on the premises. The operation may be indoors or outdoors,
include pick -your -own or cut -your -own opportunities include pick -your -own
opportunities, and may involve the ancillary sale of items considered accessory to
the agricultural products being sold or accessory sales of unprocessed foodstuffs;
home processed food products such as jams, jellies, pickles, sauces; or baked
goods and homemade handicrafts. The floor area devoted to the sale of accessory
items shall not exceed 25% of the total floor area. No commercially packaged
handicrafts or commercially processed or packaged foodstuffs shall be sold as
accessory items. No activities other than the sale of goods as outlined above shall
Krueger v Chrinnas .Tree Farm .1u i" Rey
Planning, Commission Report; 11-741
be allowed as part of the AGRICULTURAL SALES BUSINESS.
Section 154.019 Interim Use Permits
Outlines the general requirements for all interim permitted uses in Lake Elrno.
Section 154.033 Agricultural Zoning District
(Cl 1. Uses permitted by Interim Use Peimit, Agricultural Sales Businesses
subject to petformance standards outlined in Section 154.110.
Section 154.110 Agricultural Sales Businesses
Lists the standards that must be observed in order to operate an agricultural
sales business.
Findings & General Site Overview
Site Data: Lot Size; 46 Acres (Farm Site and Adjacent Woods)
Existing Use: Krueger Christmas Tree Farm (Agriculture)
Existing Zoning: Agricultural (A) and Rural Residential (RR)
Property Identification Numbers (PID): I 1.029.21,41.0002; 11.029.21,42.0004;
11.029.21,14.0003
Application Review:
History: The Krueger's initial purchase of their farm and first Christmas Tree crop dates
back to the mid 1980's, and the farrn has continually been used to grow and sell
Christmas Trees since this time. There is no record of other uses on ilie property
in the City's file, and it has always been used for some form of agricultural use,
including the family homestead. Over time, the Krueger's have acquired property
adjacent to the initial fai in, and currently own slightly less than 50 acres of land,
including an adjacent wooded area.
Unlike the other agricultural Interim Use Permits that have recently been
considered by the City, the Krueger's grow the products that they sell on the site,
and intent to only use the supplemental sales on as -needed basis or to help support
their operation of a working farm. The proposed interim use would not alter any
portion of the site, nor would generate any additional customer traffic beyond what
is already accommodated within the existing sales building and parking area.
Since there is nothing specific in the application that would cause the site to
function any differently than it has in the past, Staff has found that the applicant
will be able to meet the required standards for an Agricultural Sales business as
defined in the Zoning Ordinance.
Prior to 2008, Lake Elmo regulations allowed agricultural uses such as
7-Land e 1n1 tise'.krueg et- Tra, 1:n•inViep J.ic'otc,!ze stinw. Troc ,;(cies J I
Page 2
Krueger's Christmas Tiff Farm ILY Request
Planning Commission Report; I.7 -7-1 1
greenhouses and the sale of produce grown onsite. In 2008, the City added
Agricultural Sales Business (ASB) and Agricultural Entertainment Business
(AEB) as conditional uses in certain zoning districts. The definitions for ASB and
AEB stated the use was restricted to allow the sale of produce produced on the
premises. When the City was first setting the performance standards in 2008 when
those categories of conditional uses were created, such language served to limit the
scale of commercial activity.
In 2010, the City then amended codes to allow the sale of produce grown off site
in Agricultural, Rural Residential and OP Zoning Districts. In addition, changes
were made to require an interim use permit subject to performance standards
instead of allowing the use outright. Because the City Code does not specify a
minimum amount of off -site sales that would generate the need for a permit, the
applicant will need to secure an Interim Use Permit in order to do any
supplementing of the trees that are grown on -site. The City Council created a
special fee for existing agricultural operations that were impacted by the ordinance
amendments, and the applicant's farm is one of the operations that have been
impacted by this change.
'UP Review Interim uses must be reviewed under both the general criteria for such as well as
Criteria: the specific criteria outlined for the requested use, Keep in mind that for these
types of applications, the burden is on the City to show why the use should or
should not be permitted. For the sale of produce grown off site, the following
performance standards apply:
1. Activities shall be limited to those listed within the definition for Agricultural
Sales Business.
- Staff finds that this criteria is met,
2. The agricultural sales business shall be located on land owned or leased by
the producer or the operator of the business and not within or on any public
right-of-way or easements.
- Staff finds that this criteria is met.
3. The operator must be able to demonstrate at all times to the city that there is
sufficient access, parking, and maneuvering space, that the location and
adequacy of approaches are sqfficient, that there is suitable and safe access
for pedestrians, and that customer parking is away from the travel way and
in close proximity to the agricultural sales business.
- Added as a condition of approval. The existing parking lot is adequate to
accommodate the existing sales building, and the space available for sales would
not be impacted by the proposed supplemental sales.
4. All waste materials shall be enclosed in containers provided on the site, and
shall not generate any nuisance impacts on adjacent properties.
anf.;Ls7fuenn Lt.%ElKru(JV." 7.1*&' FlIo);or,
Ciirisinzac Sidr!:
3
Krueger Christmas Tree Farm JUP R:quei
Planning Commission Report: 11-7-1)
- Added as a condition of approval.
5. All sidewalks, roadways, and parking areas shall be treated as necessary to
eliminate dust nuisance impacts on adjacent properties.
- Added as a condition of approval.
6. The maximum gross floor area that can be devoted to sales activities is
limited to 20,000 square feet.
- The Christmas Tree sales activity is located within an existing building and
warming house that together are approximately 1,200 square feet combined. The
(c)nt.; applicant will fall well below the maximum allowed building size for the sales
activity.
7. Parking shall be provided in accordance with the parking requirements for
other commercial uses, as per City Code 154.051 (C). All parking must
occur on -site, be on a primary surface such as class five gravel or pavement;
and must be set back at least 30 feet from all property lines.
- Staff finds this criteria is met. The existing parking lot has been sized to
accommodate the needs of the existing sales business; the proposed interim use
permit will not significantly alter the need for parking that already exists on the
site.
8. The minimum lot size shall be 40 acres for any agricultural sales business.
- This standard is met by the applicant.
9. On -site wastewater handling system shall be planned and designed by a
licensed professional and approved by the City or its designated responsible
authority. Usable primary and alternate well and septic sites sized for the
maximum anticipated usage of the property shall be identified on the
property. Alternate site shall be protected in the site plan design, and will
only need to be used upon failure of a primary site.
- The Christmas Tree sales business will use the water and septic system for the
farmstead. The interim use will not require the expansion of the septic system on
the property.
10. Any structures constructed for the agricultural sales business shall be
consistent on design and appearance with other agricultural buildings in the
area.
- The applicant is not proposing any additional buildings at this time. Staff finds
this criteria is met.
11. Trip generation shall be limited to the yearly average daily trips calculated
for the underlying zoning, with no daily trip generation to exceed twice the
daily calculation rate for the underlying zoning. The base daily trip
generation is established at 180 vehicle trips per day for every 40 acres.
- The tree farm will fall well under the maximum trip generation required under
K rueger rnege.- Tree Saks / -7- i i.d.oc
p
Krueger Christmas rive Farm JUP Requcsr
Planning Commission .Report; .1 I -7- /
(cont,)
the code.
12. The maximum impervious coverage for the buildings, parking areas and
other uses devoted to the agricultural sales business shall not exceed 40,000
square feet and the remainder shall be suitably landscaped.
- The maximum area devoted to Christmas Tree sales is under 20,000 square feet,
and will therefore comply with this provision.
13. Any activities that are defined as an Agricultural Entertainment Business
shall require a separate Interim Use Permit.
- This criteria does not apply to the applicant.
14. Any exterior storage of equipment and materials other than the display of
products being sold or agricultural equipment currently in use on the
property shall be prohibited, unless otherwise exempted in accordance with
Section 150.001 through 150.003 of the City Code.
- Added as a condition of approval.
15. There shall be a minimum buffer of 100 feet between any sales areas or sales
buildings and any adjacent residential property lines.
- The sales buildings are located at least 250 feet from the nearest residential
property line.
16. Roof top or outside building mechanical equipment must be screened from
view from adjacent properties and rights -of -way with an opaque material
architecturally compatible with the building(s).
- Added as a condition of approval.
17. Trash containers must be located inside or screened in an acceptable
manner.
- Added as a condition of approval.
18. The operator shall adhere to the general review criteria applicable to all
Interim Use Permit applications.
- This is identified in the review criteria below.
19. No activities or structures beyond those specified in the Interim Use Permit
shall be added before review by the city to determine compliance with this
ordinance.
- The applicant is not requesting any additional structures at this time.
As mentioned, there are additional general review criteria required for all interim
use permits.
1. The use is allowed as an interim use in the respective zoning district and
conforms to standard zoning regulations.
- The Agricultural zoning district was amended in 2010 to include Agricultural
L Lind Uselimcmn: Use,',1V;2re,T2.- Tnx2FarnfiRer, PC Kn/, Chrisono Tree SaicY I 1-7-1 i .due
Krueger `,sChristmas Tree Farm JUP Rap ,st
Planning Commission Report; 11-7/• 11
(cont.)
Resident
Concerns:
Other Agency
Reviews:
Sales Business as an Interim Use.
2. The use will not adversely impact nearby properties through nuisance, noise,
traffic, dust, or unsightliness and will not otherwise adversely impact the
health, safety, and welfare of the community.
- The Krueger's Christmas Tree Farm has been in operation for approximately 30
years. Staff is not aware of any issues or nuisance conditions that have been
identified in this period of time, and the proposed Interim Use Permit will not alter
the current operations in any significant manner.
3. Use will not adversely impact implementation of the comprehensive plan.
- The applicants are asking to sell agricultural product from their site. As
identified in the Findings of Ordinance 08-031A, the Comprehensive Plan
expresses a desire to preserve the rural character of Lake Elmo and open space and
green corridors while regulating commercial uses of an agricultural nature. The
Findings provided in Ordinance 08-031A identified that an Agricultural Sales
Business would not adversely impact implementation of the Comprehensive Plan
when regulated through an Interim Use Peimit,
4. The date or event that will terminate the use is identified with certainty.
- Staff is suggesting that the Interim Use Permit terminate 10 years from the date
on which the permit is granted or if the property is sold to an outside party,
whichever is greater.
5. The user agrees to all conditions that the City Council deems appropriate for
permission of the use. This may include the requirement of appropriate
financial surety such as a letter of credit or other security acceptable to the
City to cover the cost of removing the interim use and any interim structures
not currently existing on the site, upon the expiration of the interim use
permit
- Because the applicant is not requesting to add any additional structures at this
time, staff is not recommending any financial surety be requested.
6. There are no delinquent property taxes, special assessments, interest, or city
utility fees due upon the subject parcel.
- City staff is not aware of any fees due.
Staff is not aware of any resident concerns surrounding the requested interim use
permit.
The VBWD and the DNR did not have any comment for or against the
application.
elliterim UsetkJweper ret' Tenin\ftep PC Krie(,!.1.(7.' Trev Solo1 7- /
Page
Kruegerhristmas Tree Form .1UP Rewies;
Planning, Commission Repot; 1.1-7-11
Conclusion:
The applicant is seeking approval of an IUP for an Agricultural Sales Business to
allow the sale of Christmas Trees that are grown off -site to supplement the sale of
trees that are grown on their farm.
Commission The Planning Commission has the following options:
Options:
A) Recommend approval of the Interim Use Peanit request;
B) Recommend denial of the Interim Use Permit request;
The 60-day review period for this application expires on December 20, 2011, but
can be extended an additional 60 days if more time is needed.
Staff Rec: Staff is recommending approval of an Interim Use Permit for an Agricultural Sales
Business at 4452 Lake Elmo Avenue to allow the sale of Christmas Trees that are
grown off -site to supplement the sale of trees that are grown on on -site for a
period of 10 years, This approval is recommended based on the findings as
documented by Staff in the preceding paragraphs with the following conditions:
• The operator must be able to demonstrate at all times to the city that there
is sufficient access, parking, and maneuvering space, that the location and
adequacy of approaches are sufficient, that there is suitable and safe access
for pedestrians, and that customer parking is away from the travel way and
in close proximity to the agricultural sales business.
• All waste materials shall be enclosed in containers provided on the site,
and shall not generate any nuisance impacts on adjacent properties.
• All sidewalks, roadways, and parking areas shall be treated as necessary to
eliminate dust nuisance impacts on adjacent properties.
• Trip generation shall be limited to the yearly average daily trips calculated
for the underlying zoning, with no daily trip generation to exceed twice the
daily calculation rate for the underlying zoning. The base daily trip
generation is established at 180 vehicle trips per day for every 40 acres.
• Any exterior storage of equipment and materials other than the display of
products being sold or agricultural equipment currently in use on the
property shall be prohibited, unless otherwise exempted in accordance with
Section 150.001 through 150.003 of the City Code.
• Roof top or outside building mechanical equipment must be screened from
view from adjacent properties and rights -of -way with an opaque material
architecturally compatible with the building(s).
• Trash containers must be located inside or screened in an acceptable
Lcbr e run I I've Rop PC K (77-1i1ntar. re(-: Sair-,'N 17- Lc -hi(
Page
Krueger's Christmas Trw Farm TUT' Rey es/
Planning Commission Repori; 1-7-1 I
manner.
The Interim Use Permit is to allow the sale of agricultural products that are
grown off site, and specifically Christmas trees. Any other items wishing
to be sold that are not otherwise grown on site or considered an ancillary
item shall require an amendment to the Interim Use Permit,
The Interim Use Permit shall expire on January 1, 2022 or at such time as
the property on which this Interim Use Permit applies is sold to an outside
party or at such time as the total property utilized for the Lake Elmo Sod
Farm is less than 40 acres. At such time as this IUP expires, an applicant
may request an extension.
Approval Motion To recommend approval of the request, you maYuse the following motion as a
Template: guide:
I move to recommend approval of the requested IUP based on the findings
cited by staff in the report with conditions (and others as you deem
appropriate).
Denial Motion To recommend denial of the request, you may use the following motion as a
Template: guide:
Move to recommend denial of the requested IUP based on the findings of
fact...(please site reasons for the recommendation)
cc: Neil and Deb Krueger, Krueger's Christmas Tree Farm
Z.IscUnicrim Tree; FarRor PC' Kritr.,,goo Tw,-.,Ss I 1- 7-1 7.,,loc
OCT 2 0 2[111
City of Lake Elmo
DEVELOPMENT APPLICATION FORM
uotimr_e - 'Su/4--Plari-Antendrnent Variance * (See below)
0 Zoning District Amendment
11 Text Amendment
[1] Flood Plain CUP,
Conditional Use Permit
E Minor Subdivision
E] Lot Line Adjustment
111 Residential Subdivision
Sketch/Concept Plan
Fee
0 Residential Subdivision
Preliminary/Final Plat
O 01 - 10 Lots
O 11 - 20 Lots
O 21 Lots or More
El Excavating & Grading Permit
El Appeal E PUD
El Conditional Use Permit (C.U.P.) Li Site & Building Plan Review
APPLICANT:4/5R. '1' Deg 4fZN
(Name) (Mailing Address)
TELEPHONES 7 &51- 4-39- qt"9 - 33J-8S'3
G
(Home) (Work) PM)
FEE OWNER:
TELEPHONES:
(Name) (Mailing Address)
(Nome) (Work)
PROPERTY LOCATION (Address and Complete (Lon
PT //(2._ S‘V"; 4- /._-( /Ai c, F
VA) 0 w A 4--3R° /Jo EE-
(Fax)
(Mobile) (Fax)
egal Description):
OF Cu ry-r- Exi s E-w leyw
11 LowNsifip 612_9' kA-N O24
5- 5-0 4- ?
(Zip)
(Zip)
DETAILED REASON FOR REQUEST:
WE: Pu (s rk.14)-- -77 pt rim Citscianv V OGe/1.! 17-/(4.
c SL 1E 4�WI 40.9 ar7-(1?-n. 4e0„oce crE,
*VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the Applicant must
demonstrate a hardship before a variance can be granted. The hardship related to this application is as follows:
In signing this application, lhereby acknowledge that I have read and fully understand the applicable provisions of the
Zoning and Subdivision Ordinances and current administrative procedures, 1 further acknowledge the fee explanation as
outlined in the application procedures and hereby auee to ria-s, all statements received from the City pertaining to
additional application expense.
2
ib--?-6 -1 1
dale Sigoature of Applicant Date
Signature of Applicant
1/22/2004 City orLeke Elmo • 3800 Laverne Avenue North • Lake Elmo • 55042 • 651-777-5510 • Fox 651-771-9615
Krueger's Christmas Tree Farm of Lake Elmo 10-20-11
Our family has been growing Christmas trees in Lake Elmo for 30 years on our family
farm on Lake Elmo Ave. N. We'offer a cut -your -own experience for those who want to
walk our fields and select a tree. We also supplement our growing trees with pre-cut trees
we purchase from other growers around the state.
The purchase of trees from other growers has always been a part of our operation. As
farmers we are at the mercy of the weather, insects and diseases that can affect the
number of trees we can provide from our own farm. We are a sustainable farm that limits
the number of trees we harvest from our own fields each year. We then contact our fellow
growers and purchase the types and sizes of trees we can't supply from our own fields.
A Christmas tree takes 10-15 years to grow to an average 8' height. During those
growing years we plant, water, mow and shape the trees for our customers. This requires
long hours and physical labor. We could not accomplish this without the help of our
family, friends and neighbors.
We are applying for a permit to continue doing what WQ have done for the past 30 years.
We understand that the ordinances have changed and we must do this. We want to
caution the governing groups in Lake Elmo that responsible fanning provides for the long
term use of open space. We must be careful that we don't force faints out of our town
with over regulation, but rather encourage farms and sustainable fanning practices.
We welcome you to visit our farm anytime of the year.
Neil and Deb Krueger and family
r
NORTH
Machine
Shed
Outdoor
Sales Area
SCALE:
1" = 100 feet
KRUEGER'S CHRISTMAS TREE FARM
4452 Lake Elmo Avenue North
House
Sales
Barn
- Parking
New
Driveway
(2011)
The Krueger family has been growing Christmas trees in the St. Croix Valley since the
early 1950's. This year, 2005, marks the 50th year of selling Christmas trees as the
second generation of Krueger's, Neil and Deb carry on the tradition started by Al and
Elaine Krueger so many years ago, It was 1950 that Al and Elaine Krueger planted their
first trees. They were planted on marginal farm land to help with erosion and for
reforestation. As the trees began to mature they needed to be thinned so in 1955 Al and
Elaine sold their first trees to some of the neighbors.
From those early beginnings thousands on seedlings were planted each spring. As the
business grew, the 50 plus acres of crop land were planted in trees for Christmas. For the
next 40 years Al, Elaine, their 5 children, friends, arid other relatives, all worked together
to build the family tree business. The Krueger Tree Faun flourished on highway 36 in
Stillwater until it was sold in 1994. Many memories and traditions were made in those
first 40 years.
Then in 1995 Deb and Neil Krueger carried on the tradition on Krueger trees in the valley
when they started selling, Christmas trees on their farm in Lake Elmo, After working. with
Neil's parents for 40 years they were ready to continue the family tradition of raising
trees along with most of the same friends and family that had been so important to the
success of first farm.
In addition to precut trees Neil and Deb added cut your own trees to accommodate the
many families that wanted the old fashioned experience of cutting your own tree. Our
customers can select a tree from our fields in October when the weather is warm and then
come back to cut it at Christmas. They can also choose a tree during the Christmas season
to cut down for their home.
Krueger's Sprucegate Farrn was formed in 1983 when Neil and Deb boughtNeil's
Grandparents farm in Lake Elmo. This land was farmed by Fredrick Krueger with horses
into the mid 1950's. We have been members of the National and Minnesota Christmas
Tree Associations.
Our farm in Lake Elmo carries on the same traditions that keep our customers corning
back each year. We pride ourselves in the service we provide. All our trees are shaken to
remove the old needles. We wrap the trees for easier handling_ and better protection of the
tree. Then well load and tie the tree on your car. After Christmas we will take the trees
back and recycle them by chipping them for mulch. Then during Earth Week in April we
give out seedlings to complete the cycle of growing trees.
Neil and Deb Krueger
Christmas 2005
Krueaer's Sprucegate Farm of Lake Elmo
651-439-9186
TREE FACTS
It i important for the Earth and.
all living things, to grow trees.
Trees are the largest and *est plant
on Earth. Christmas. trees are a very
special part of the Cycle of Life, and are
important 10 our environment
for I
Grossin treespimenites
Reatireespnopek habitat/or birth as;d wilasais
s prevents)* erosion and hold the innaul in place
Real *ea absorb noises and (valour efnet
Reeyded trees cam be wed as proketionftrfish in. ponds
and streams aitriprovide nadcbfor.ganclen4 ~mug& and wallow's
Artewlal trees contain nntkoiedegnsdabk or bio-degradabie
pit:silt:4 nut*, and *4 7ifatti are not renewable, rmiclablei ,
bio-dekrgable and can take up ay 100 ,pear s t o decompose in
Rear frees are All-Antaricani They're grown hrevery same;
enchain g Alaska and Hawaii,
We must take care. of the Earth and everything in it,
It is a part of the air we breath; thewater we drink, and the food we eat,
We are all a part of the Cycle of Life!
I 0 1111 I11 I
I .• 1,1111
In September 2005 the University of Minnesota and the Minnesota Christmas Tree
Association hosted the 7th Biannual Exotic Conifer Conference and Field Day in Grand
Rapids, Minnesota. The goal of this conference is to share the most current information
on growing and marketing exotic conifers. Exotic conifers are new varieties of evergreen
trees that are being grown in the Midwest for the first time. I attended to find out -which
one of these new varieties would be good for Christmas Trees.
The 3 day conference drew in tree growers from across the U.S. and from Canada and
Europe. The Minnesota Christmas Tree Association and the University of Ivlienesota in
2001, planted four experimental plots oxotic conifers in different parts of Minnesota.
The purpose was to see which of the 20 different varieties do well in Minnesota. The six
varieties showing promise for Minnesota are: Siberian Fir, Canaan Fir, Korean Fir,
BraCted Fir, Meyer Spruce, and Swift Silver/ Coneolor.
Several years age we began experimenting with some of these exotic varieties on our
farm in Lake Elmo. Canaan Fir is doing the best on our soils. We have been selling a
limited amount of them for Christmas trees with good results. They are a cross between
the Balsam and Fraser Fir with good needle bolding characteristics, rich geeen color and a
healthy look.
Meyer Spruce were planted four years. ago and are looking good with upright branching
and stiff branches for holding heavy ornaments. This variety seems extremely hardy
because every seedling we planted has grown.
Our Korean Fir were planted four years ago but have a hard time growing taft. They seem
to grow more horizontal than vertical. The color of these trees is unique because the
under aide of the branches are a showy white color that flashes in the wiud. Once these
trees get taker they will be -a popular Christmas tree.
We have a small amount of -Siberian Fir that we planted this year. Although to early to
predict how they will do they have an unusual citrus smell to the needles.
Our involvement with the Minnesota Christmas Tree Association and the University of
- Minnesota has been extremely important for us to be on the lead,* edge of providing the
finest and most unique Christmas Trees for our customers
Neil and Deb Krueger
Christmas 2005
Krueger's Sprucegate Farm of Lake Etmo
651-439-M6
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.,Debble Kruege
Krusger;Trea Farm
I have been given the gift of
..,,,,ewinktrees!'eChristruas
'trees. And what a wonderful
gift it is,to be dile to see the
past, present and future all at
the same time.
,The:Krueger family has
.been growing Christmas trees
in the:St. Croix Valley for
:oyer'50:years. We have had
our-farniln Lake Elmo for 20
. 'years.e
;The cycle: cif seasons has
'giyen us another opportunity
to plant our seedlings. Baby
evergreens begin.as seeds col-
lected from cones..They, can
_take a -year -.to germinate.
• Then they sit in a transplant
bed for,another two to three
years. It takes six .to 10 years
to grow ‘an.averagesize
Christmas tree,,'and fir trees
can take twice that, long.
For every4ree harvested at
iChristmag,'Ttwo'. to .three
seedlings are planted in its
;place.','11here - areabout, one
-,'Inillion,acres. of. Christmas
trees growing in:the ;U.S. Did
:you know: that' -a. field of
growing trees is like'a "fresh -
air factory?" When they blow
:in the. win d,,, they: cleans e the
air', Of gases,' t'dx_ins,' ash: and
,pollutantseiThey alsoremove
carbon dioxide from the air
:and 1.give usYoxygen to
(1(''
oreathe. Valli `of 1,000
trees gives off enough oxygen
fur 18 people.) '
Through the years, 1 have
made the acquaintance of
many trees. It is a wise per-
son who seeks the counsel of
a tree. An oak can teach us
about strength and timeless-
ness. A cottonwood can teach
endurance; a willuvv, graee.
Fruit trees teach us abun-
dance, An elm tree will teach
is all we need Co know alio. iirr
patience, They show us how
to be strong, even in the
weakest of times.
tree
. .What a
giftit is, to
be given the
gift of
growing
the Earth."
—Thoreau
Something in each of them
touches my heart and links
Inc to the ancient rhythms
and source of peace, Sume
say it is the elosest we can gel
to God:
Trees provide habitat fur
many birds and animals, as
well as food for the hungry
and rest fur the weary. They
provide lumber for our
homes, and improve the rain-
fall. Their roots hold the soil
in place and prevent erosion.
Recycled chips are used in
parks and woods for walk-
ways and paths. They Shade
us and keep us cool in sum-
mer, and give us their wood
in -winter for warmth They
are renewable and reeyclable.
Our understanding of their
place in this world is very
clear. Trees are so much like,
us. They have their feet on
the ground, their heads iu the
sky. They respond lu the
deluging seasons, tu drought
and plenty. They know peace,
and I believe they also know
sadness. Their lives are
understood in years. We can
watch them grow, we touch
them and know their wild-
ness. We can sit beneath
them and know peace.
Ist1
:1'
We are all G9J_LklUeLvu
trees, as we are airth, We
live not only in nature, but it
lives in us. It is the air we
breathe, the water we drink,
the food we cat. If there were
no rucks, our bodies would
have no minerals. lf there
was no water, our cells would
dry up and we would die,
'The sun makes the earth
grow and flourish. The moon
turns the season, We are all a
part of the cycle of life.
Everything lives, Everything
dies. If only I can remember
this, it is enough,
•E:ach of us has a renewable
contract with the Earth. As
long as we inhabit it, our
seeds of thought and action
will matter. Is it any wonder
that the Buddha became
enlightened under the Bacilli
tree, or that Jesus taught us
"a good tree bears good
fruit?" The Iroquois called
their wise people "tall pines."
Consider the future. Our Chit-
dren'3 .children will be left
—`1,V w a tever lego)' we
leave behind. Surely;' they
will challenge us if we don't
make an effort to protect this
planet. The things have
created and plante
touch upon the &art r, a
seedling encouraged, a tree
planted, a garden well
-
ended,
We are all equal here, born
out of the same Earth. When
I ant out in our fields, I envi-
sion the different cultures
and generations that have
reached across our farm, We
are stewards of this land now,
arid we are blessed.
So let us speak out for the,
Earth and for all of us who
live here. Plant a tree. Look
for peace. Sometimes I feel
very humble to be a small
part of such a plan. , ,very
proud to be included in such
a grand design. Let us, then,
walking gently upon this
Earth leave behind a simple
legacy: that we loved the
E'arth, and we tried to love
each other,
,.,• • • , •,
er's Christmas Tire Finv
4452 Lake Elino Ave. N., Lake Elmo, MN 55042 651-439-9186
Hours: Monday -Thursday...12pm - 9pm
Friday - Stmday...9am - 9pm
•
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• cp
V., y
4
WOODBURY
in
STILLWATER
HUDSON
WiltilMMINARCMPAV". 1=0041'
Whitc
Pirie
aser Fir
Canaan Fir
Newfor 2011! Spruce
Value Trees: .1' -71
White Pine Canaan Fir
-,f 1 Norway Pine
SPRUCE
Great needle
retention,
prickly needles,
stiff branches
e e
BALSAM BIB
ood needle retention,
great Scent; Strong
branches
•
...4sk as about a farm tour field trip
for your school or youth group...
FRASER FIR.
Great needle retention,
strong branches, silvery
urtilerside of needles
Simil&rto
& Fraser, strong
Scent, good needle
retention, strong
bunches
Long needles,
excellent needle
retention, fitll shape
We dad &Ate ;Yott toVitthe ,teepeeonithe lug
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farmsutaznabtyandzmpctfreaasptsnlik For
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Renewable. Sustainable, Recyclable
After Christmas please bring your tree back
to thefarm, We will then recycle ii into
wood chips. The chips will ebespusreina'
nntich av
the new seedlings
Santa will be visiting from I2-3p
on Saturdays and Stmdays from
November 2 714 -December 4th
come to Krueger's
'shims Tire Fain).
...A family tradition for over 55 years...
If you have any questions or neec
help with a tree, please ask one o
our crew in the red coats. We'll
be glad to help!
S
GaNam
art
* Do you add sales tax? No, the sates taxis
already included in the price listed on the tag,
. 1. •
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More info at www.krue2erschristmastrees.com
More info at www.kruezerschristmastr-ees.com
o pnserve our
environment,
we're cutting
down this
Choose a
RealTree
this Christmas,
and contribute
to a healthy
environment.
This brochure u'as
produced by the
Nlierteseta
Christmas Tree
Printed on recTrled pnper.
For almost eight years, this Christmas tree
has been helping to clean our environment. It
has removed carbon dioxide from the air. It has
reduced pollution by absorbing noxious gases
and converting them to clean, breathable
oxygen. It has increased soil stability. It has
filtered particles of sand,
dust, ash, pollen and
smoke. And it has
provided a natural
habitat to a wide
variety of wildlife.
"Eacitspring, Christmas tree growers plant
an average of three trees tor every tree that
- was harvested during the Christmas
Now we're cutting it down.
Unlike a typical farm crop,
Christmas trees are a renew-
able, recyclable product
that continually benefit
our environment.
Each spring,
Christmas tree
growers plant
' an average of
three trees for
every tree
that was
harvested
during the
Christmas
season.
These trees
"...a recycled RealTree will benefit our
environment, unlike a discarded artificial
tree that will take hundreds of years to
decompose in an area landfill."
then nurtured and
shaped for five to fifteen
years to enhance the natu-
ral growing process. Some varieties of Christmas
trees are also tinted to preserve their natural ev-
ergreen color during the dormant winter season.
Finally, your RealTree is cut down so that it
may become a part of your family's Christmas
tradition.
Once Christmas is over, your RealTree
can be converted to mulch in a
seasonal recycling program. This
mulch is then used in a variety of
ways —to cover hiking trails in
area parks, to serve as a protective covering in
your garden, or to help retain moisture around a
newly planted tree. Most importantly, a
recycled RealTree will benefit our
environment, unlike a discarded
artificial tree that will take
hundreds of years to decompose
in an area landfill.
Participating in a local
recycling program is easy. If
your community is
sponsoring a curbside
collection program,
simply remove
• r ii i
a tree c$Iipper, and_often times you're invited
to take the wood chips home for use in your
yard or garden." _
all the decorations from your tree
(including the tree bag) and leave it by
your curb for pick-up. Or, if your
community is sponsoring a drop-off
recycling program, bring your tree to the
closest drop-off site during the specified
time. Your tree will be converted to
mulch using a tree chipper, and often
times you're invited to take the wood chips
home for use in your yard or garden. For
added convenience or fundraising
opportunities, community service
groups may provide curbside
collection services for a small fee.
Once you've discovered all the
advantages of a RealTree, you'll realize its
continued importance to the preservation of our
environnient. And you'll come to realize that by
li choosing a
RealTree, you're
promoting
environmental
awareness for the next generation. Our
children.
Real Iree
The EnvirOrirjaenta
hoice.
Congratulations on making the best environmental,
choice for this holiday season.
Real Christmas trees are an all-American, recyclable
and renewable resource that can be'converted into a
useful mulch alter the holidays. This is'unlike a discarded
artificial tree that may not decompose for hundreds of yeqrs.
.Tree farms stabilize•scil, protect wager aiipplies and provide
refi tge for wilcItzf. Many communities now offer chnstmas
tree recycling programs but you can also recycle yOiir tree at
home. You can use the tree branches for Mulch in gardens or as
a bird feeder, adding color and excitement to the winter garden.
Breathe easy with a real Christmas tree. Real
Christmas trees absorb carbon dioxide and other gases to
create fresh oxygen. One acre of Christmas trees produces the
dailynxygen requiregMents far 18 people. The 1 million acres
of Christmas trees in the United ,States translate into oxygen
for 18 million people every day For every real Christmas tree
harvested, an average of three seedlings are planted in its place.
Tradition - Each year, 35 million -American families bring
real Christmas trees into their homes, creating a:warm and
glowing part of their holiday celebratton.
In 1842, Charles Minnegerodeintroduced the custom in
Williamsburg. Virginia. His tree was described as "splendidly
dec-orate& with strings of popcorn, gilded nuts and lighted
candles. The 14th president of the United States, Franklin
Pierce, was the first president to set up a Christmas tree in
the White T-Tnitqe
Real Christmas Tree Car.- Caring for your real
Christmas tree is easy the most important thing to remember is
that real trees need water - just like a fresh bouquet of flowers.
When you bring the tree home, cut one -quarter inch or more
off the base of the trunk. If you are not ready to decorate it,
keep the tree outdoors, protected from the wind and sun until
you are ready to 'brim the tree into .your home.
Before bringing the tree into your home and placing it in a
stand, make another fresh cut, a minimum of One -quarter inch
or more off the base of the trunk. This opens the tree stem so
it can take up water. Immediately place your tree in the stand
and fill itwith fresh water. Keep in mind, if you allow
water level to drop below the fresh cut, a new seal will fo,a
over the stem.
Trees are very thirsty They will drink between two pints
and a gallon of water a day Use a water -bearing stand with
a water capacity of at least one gallon or more. Check the
stand daily and supply fresh water as needed.
119 tidal! Safer..'- Check all electric lights and
connections liefore decoratingyour tree and home. Do not use
lights with worn or frayed cords and NEVER use lighted candles
on your tree. Do not overload electrical circuits. Place your tree
away from fireplaces and other heat sources. These elements can
prematurely.chy your tree. Arid, he sure to turn oft all decorations
before retiring at night and at any time you leave home.
All the Best this Holiday ,S'easz
from YOU,' RealTree Retailer,
Grower & the National
Christmas Tree
,tissociatioa.
CITY OF
LKE
Et
MOMAYOR & QQ(INCIL-QQMMUIVICEITION.
DATE: 11/15/11
REGULAR
ITEM #: J9
MOTION
AGENDA ITEM: Planning Services — Interim Proposal During the Vacancy of the City
Planner Position
SUBMITTED BY: Kyle Klatt, Planning Director
THROUGH: Craig Dawson, Interim City Administrator
REVIEWED BY: None
SUMMARY AND ACTION REOUESTED: The City Council is being asked to authorize
Staff to proceed with actions to help accommodate the work load within the Planning
Department while the City Planner position is vacant. Specifically, Staff would like to hire an
outside consultant to assist the I-94/South 10th Street Work Group continue its work, and to also
hire a planner on a limited basis to cover some of the day-to-day activities within the department.
BACKGROUND INFORMATION: Attached is a document that describes the more critical
assistance that Staff is seeking over the next 2-4 months in the wake of the resignation of the
City Planner, This request includes a list of general planning tasks that have typically been
covered by the City Planner, separated by my expectations concerning who would best be able to
provide assistance to the City during his time period. Most importantly, 1 do not believe that we
can bring in another planner on a temporary basis who has not worked in Lake Elmo previously
and expect them to take over the I-94/South 10th Street Planning process. In this case, I would
strongly recommend that we utilize the City's current planning consultant with MFRA rather
than seek an alternative arrangement for this significant project.
I have also created a list of activities that could be performed by an outside planner, either
through a contractual arrangement with a neighboring city, on a consulting basis, by rehiring a
former intern, or some other arrangement, While experience working in Lake Elmo would be a
positive for these tasks, they could realistically be performed by a competent planner who is
familiar with land use planning and zoning issues.
There are also a few areas of general support listed on the attached that could be covered
internally or that could be covered by a general planning support person.
In terms of budgetary impacts, Staff has put together a very rough analysis of the projected
budget through the end of the year if the City were to contract for the services requested above.
-- page 1 --
City Council Meeting Planning Services
11/15/11
Regular Agenda Item # J9
In the most conservative scenario (using the maximum time estimated and a higher number for
reimbursement), the budget for the last seven weeks of the year would look as follows:
Planning Consultant (8 hrs. per week @ S95 per hour): $5,320
Planning Support (10 hrs. per week @ $40 per hour): $2,800
Other Expenses (travel, materials, etc.): S1,000
Using the current year's salary plus benefits for the City Planner, the City would have paid out
$7,840 in salaries over this same period of time (but not including any additional time that was
typically paid out to the City Planner). This budget proposal would look slightly different in
2012 as MFRA has notified the City that their existing contract with Lake Elmo will need to be
updated for them to work beyond the end of the year on the current contract. Their rates are
proposed to increase to $110 per hour after the first of the year.
Should any of the staffing expenses exceed the budgeted salary amount for the departtnent, there
are funds available in the consulting line item to help cover these costs.
STAFF RECOMMENDATION: Based upon the above background information, it is
recommended that the City Council authorize Staff to implement the temporary staffing
strategies listed above until such time that a replacement for the City Planner can be hired by the
City.
ATTACHMENTS:
1. Interim Planning Assistance Requested
SUGGESTED ORDER OF BUSINESS;
Introduction of Item.........,...... ..... ,...... ...... ......... ...... . ..... ........City Administrator
Report/Presentation .............. „....... ...... ..... ....... ................ Planning Director
Questions from Council to Staff
Public Input, if Appropriate .................. ......... .....
Callfor Motion— .................. ..... ..............
Discussion....... ..... ............. .......... ......... ....... ...... ...,
Actionon Motion ••••••••••••••••••0041 ..... ....... 0000.1000" ..............
Mayor Facilitates
... „ Mayor Facilitates
Mayor & City Council
Mayor & City Council
... „ ... Mayor Facilitates
-- page 2 --
City of Lake Elmo Planning Department
Interim Planning Assistance Requested
November 201I—February 2012
Planning Cnnsultant(4-8hours per vveek):
* 1-94 Corridor Planning Process ' staff work group meetings, develop revised land use plan for
the 1-94/ 101h Street Corridor
Staff Support (6-1Ohours per week\:
m Building Permit Reviews — review building permits for compliance with zoning requirements,
coordinate reviews with City Engineer, work with applicants to secure missing/incomplete
information
* Planning and Land UseApplications — prepare public hearing notices, research historical site
information, prepare staff reports for Planning Commission and City Council meetings, draft
follow-up letters once action is taken by the City, prepare ordinances and resolutions for City
Council meetings
p Filing —file planning and land use applications
• Land Use Inquiries. Respond toland use requests, review address files |nresponse tnpublic
inquiries
• Communications — provide research and support for newsletter articles, assist Planning Director
with correspondence on planning and zoning -related matters, update website with meeting
agendas and other planning information
• Village Planning Work Group — provide assistance to the Planning Director in preparing for
Village Planning Work Group activities, prepare notes from work group meetings, conduct
research under direction of the Planning Director for work group discussions, prepare maps,
draft planning documents, and help prepare meeting materials
• GISIMapping Updates — generate maps for staff reports and public meetings, workwith City
staff toupdate G|Smaps, provide assistance for Comprehensive Planning analysis
Other/Internal Support (2hours per week)
• Planning CommissionAXJnutes—attend Planning Commission meetings and take minutes,
provide staff support asneeded
w Meeting Agendas — provide assistance with the preparation, copying, and mailing of meeting
agendas and packets
nf
Ci LAKE
ELMOA,AA YOR & COUNCIL COMMUNICATION
DATE: November 15, 2011
REGULAR
ITEM #: 10
Motion
AGENDA ITEM: Designation of Interim City Clerk
SUBMITTED BY: Craig W. Dawson, Interim City Administrator
REVIEWED BY: Sharon Lumby, City Clerk
SUMMARY AND ACTION REOUESTED: Sharon Lumby has announced her retirement at
the end of this year. She is planning to leave sometime during December and use some of the
balance in her personal time off (PTO) for the rest of the month, I am recommending.that Carole
Luczak, Program Support Assistant, be designated the Interim City Clerk until someone starts
working with the regular appointment -to the City Clerk position, and that her wage be increased
$6.00 per hour (approximately $1,000 per month) during this service as Interim City Clerk.
STAFF REPORT: As noted above, the chair at the City Clerk's desk will be empty upon
Sharon Lurnby's departure; currently. Carole Luczak is a logical and capable choice to assume
the City Clerk's duties as soon as Ms. Lumby has left. Ms. Luczak has been with the City for
nine years and worked alongside the City Clerk all that tinie. She has become knowledgeable
about the Office of the City Clerk and its functions and responsibilities; indeed, her role would
appear to have evolved into one of a deputy city clerk, and she has readily assumed the duties of
the city clerk when Ms. Lumby has been absent. Ms. Luczak has achieved accreditation as a
Minnesota Certified Municipal Clerk (MCMC) (a three-year process), and is working toward
certification by the International Institute of Municipal Clerks (IIMC). During both of my stints
with Lake Elmo, I have found Ms. Luczak to be extremely competent and capable with matters
in the purview of the city clerk, and very courteous and helpful with the public and staff.
It is also a common practice to adjust the compensation of individuals when they are performing
a job that is at a higher level than the one they hold. I am proposing that Ms, Luczak's pay be,
increased by $6.00 per hour, to $23.96, until such time as someone begins service with a regular
appointment as City Clerk,
Recommendation: In terms of filling the City Clerk position, I recommend that the City develop
an updated position description and place the position announcement with the League of
Minnesota Cities and appropriate municipal/professional publications within the region as soon
as practical. I further reconunend that interviews for the position take place after the new city
administrator begins his/her service, so that he/she may be able to recommend who should be
appointed as the next City Clerk.
-- page 1 --
Alternative: As an alternative, the Council could consider making the appointment of the City
Clerk more quickly. Within the City's personnel policies, it prefers the promotion of employees
"when there are appropriate opportunities ..." "It is the policy of the City to fill vacancies in the
municipal service by promotion of regular employees who are qualified and eligible, insofar as
practicable, by posting notice to fill such vacancies for five (5) days prior to filling." The City's
investment in Ms. Luczak's MCMC certification was in part in consideration for succession
planning in the City Clerk's Office. She would be able to perform the responsibilities of the
position. While I am recommending the process outlined in the previous paragraph, I wanted to
make the Council aware that this course of action may be appropriate.
We will be working on arrangements for temporary part-time staffing to perform some of Ms.
Luczak's current duties, primarily in terms of front counter and telephone receptionist, handling
questions from the public, and agenda packet preparation.
ATTACHMENT:
Draft of position description for City Clerk
SUGGESTED ORDER OF BUSINESS:
Introduction & Report............................. ................ . Interim City Administrator
Questions from Council to Staff
Mayor Facilitates
Public Input, if Appropriate ................ ..... .............
Discussion.. ..... ..... ........ ...... . ..... ......,....... ................
Motion(s)
............... Mayor Facilitates
Mayor & Council Members
Mayor Facilitates
-- page 2 —
D FT
CITY OF LAKE ELMO
JOB DESCRIPTION
POSITION: City Clerk
DEPARTMENT: Administration
REPORTS TO: City Administrator
SUMMARY
Performs moderate to complex technical and varied duties in providing administrative
support to the City Administrator.
ESSENTIAL FUNCTIONS OF THE POSITION:
Provides assistance to the City Administrator including the execution and
preparation of legal documents, notices, and publications as necessary.
Serves as a member of the City's management team.
Answers a variety of public inquiries regarding municipal practices, policies,
licensing and applications through telephone and/or walk-in customers.
Provides explanation of policies and procedures to the general public.
Prepares notices and legal publications for publication in the newspaper.
Process City licenses including gambling, liquor and peddler and advises
applicants on application procedures; and collects licensing fees.
Collects, arranges, draft materials for Council meetings.
Prepares City Council meeting agenda packets.
Attends, records and transcribes City Council meeting minutes.
Prepares resolutions ordinances and other items.
Prepares correspondence and materials for City Administrator.
Conducts City elections, including maintaining voter registration, purchasing
election supplies, coordinating election judges' schedules, keeping current on
Federal, State and County laws and procedures. Develops and monitors City
election budget.
Assists with improvement projects. Drafts and mails assessment letters and
appropriate resolutions. Assists with bid openings.
Assists in updating City's website.
Responsible for maintenance of City records and is responsible authority for Data
Practices.
Enter receipts of water bills payments, etc. and makes bank deposits for
payments.
Distributes and keeps track of keys to City facilities.
Performs other duties as apparent or assigned.
CITY OF
LAKE
ELMO MAYOR & COUNCIL COMMUNICATION
DATE: November 15, 2011
REGULAR
ITEM #: 11
Discussion; Motion?
AGENDA ITEM: Interim Finance Director
SUBMITTED BY: Craig W. Dawson, Interim City Administrator
SUMMARY AND ACTION REOUESTED: At its October 18 meeting, the City Council
discussed the designation of the Interim Finance Director (Joe Rigdon) and decided to await
further discussion on this matter until the Council had an opportunity to review the assessment
by Springsted Incorporated regarding the City's finance and accounting services, Springsted has
provided several recommendations, one of which is the current arrangement for interim and
contractual services in the Finance Department remain in place until the new city administrator is
on board and can recommend an appointment for the Finance Director. The Council may wish
to affirm or reconsider this arrangement.
BACKGROUND INFORMATION: Former Finance Director Tom Bouthilet retired, and his
last day in the office was October 14. The outgoing city administrator had designated Joe
Rigdon, the City's consultant in Finance, to be the interim finance director, and Messrs.
Bouthilet and Rigdon work together for Tom's last week to make as smooth a transition as
possible into the interim period.
Joe Rigdon is an employee ofKern DeWenter Viere, Ltd., (KDV), and worked with Lake Elmo
and its Finance Department since 2008. He is a Certified Public Accountant, has been employed
as a finance director with the cities of Rogers and Falcon Heights, and currently serves as a part-
time finance director for the City of Medina, MN, on a contract basis. With KDV, he has
provided service to 29 cities, As interim finance director, he is working at the City two days per
week (except when prior obligations conflict,) and is available throughout the week. His
compensation is $135/hour and $67.50/hour for travel time,
• At the October 18 meeting, Council considered a motion to appoint C & J Consulting as the
interim finance director. The firm has been performing primarily clerical accounting functions
for the City's finance department since 2009. Cathy Bendel relates that she has nearly 30 years
of accounting experience, including holding multiple corporate controller/finance director
positions over the years. The client reference list provided with the 2009 proposal for clerical
accounting services did not list any governmental clients. The firm is currently charging
$50/hour and $25/hour, depending on the type of work it performs for the City.
-- page 1 --
Among the major recommendations by Springsted Inc.:
"The City should hire a fully qualified, experienced Finance Director which would
result in the elimination of the City's dependency on an outside consultant to develop and
review the City's annual budget and also bring the preparation of audit materials in-
house. The City should also hire a full-time finance support position ... [and] eliminate
the need for the City to contract out the utility billing and other services currently
provided ..,"
"During the transitional process it is recommended that the City utilize the services of
KDV consulting and C & J consulting to ensure the continuity of service provision. The
level and amount of support [during the transition] may be dependent on the
qualifications of the City's newly -hired City Administrator, Finance Director, and finance
support positions."
SUGGESTED ORDER OF BUSINESS:
Introduction & Report.....„..„, ..... .............. „ .......... „ Interim City Administrator
Questions from Council to Staff Mayor Facilitates
Public Input, if Appropriate ...,....., ......... .„..... ....... .......... ...... Mayor Facilitates
Discussion „.....,... ...... .................„...... ...... ..... .„.Mayor & Council Members
Motion(s). ......... ..... ............ ........... Mayor Facilitates
— page 2 --
1' CITY CiF
• LAKE
• ELMO
MAYOR & COUNCIL COMMUNICATION
DATE: November 15, 2011
REGULAR
ITEM #: 12.
Discussion; Motion?
AGENDA ITEM: Mayor and City Council Salaries
SUBMITTED BY: Craig W. Dawson, Interim City Administrator
SUMMARY AND ACTION REQUESTED: A few weeks ago, Councilmember Smith asked
that the City Council discuss the salaries for the Mayor and members of the City Council. I have
assembled a survey of salaries of city councils in the metropolitan area serving 5,000 to 25,000
residents. By statute and City Code, the Council must set salaries by ordinance prior to a regular
city election, and they may not take effect until the January 1 of the year following the next city
election. If the Couneil wishes to change the compensation of its members, it should direct the
preparation of an ordinance which states the salaries to be in effect beginning January 1, 2013.
An appropriate motion would be:
"Move to direct preparation of an ordinance to set the salaries
of the Mayor and Council Members at $ and $ , respectively,
to take effect January 1, 2013 land as may be amended or modified at the meeting].
BACKGROUND INFORMATION: The Council last adopted an ordinance for its salaries in
2005, which set salaries taking effect in 2007 and 2008. Since the adjustments which took effect
in 2008, the Mayor's annual salary has been $3,915 and the Council Members' have been
$3,130. The tabulation of mayor and council members' salaries available from the League of
Minnesota Cities shows that, for the cities which participated in the survey with populations
between 5,000 and 25,000, mayoral salaries range between $1,800 and $13,800, and council
members' salaries range between $1,200 and $8,696.
ATTACHMENTS: *Ordinance No. 97-160, setting Mayor and Council Member Salaries
*T'abulation of Data in League of Minnesota Cities Salary Survey
SUGGESTED ORDER OF BUSINESS:
Introduction & Report Interim City Administrator
Questions from Council to Staff ........... ............. Mayor Facilitates
Public Input, if Appropriate ............ ......... Mayor Facilitates
Discussion Mayor & Council Members
Motion(s) Mayor Facilitates
-- page 1 --
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 97-160
AN ORDINANCE RELATING TO MAYOR AND COUNCIL SALARIES
The Lake Elmo City Council hereby ordainS that Section 200.01, Subd, 8 and its
subdivisions are amended/added to read as follows:
8. Salaries of Mayor and City Council Members
a. As of January 1, 2007, the annual salary of the Mayor shalt
be $3,783; and the annual salary of each council member
shall be $3,025.
b. As of January 1, 2008, the annual salary of the Mayor shall
be $3,915; and the annual salary of each council, member
shall be $3,130.
Adoption Date. Passed by the City Council of the City of Lake Elmo on the 2nd day of
August, 2005,
Effective Date. This Ordinance shall become effective January 1, 2007.
Publication Date. Published on the
SEAL
Dean Johnston, Mayor
FAusers\Janice\Jerry\LE\Mayor and City Council Salaries Ordinance.doc
Comparative Mayor and Council Salaries
from 2011 League of Minnesota Cities Salary Survey
all Metro area participants in survey with 5,000 - 25,000 population
Salaries in Descending Order
Other
City Population Mayor Council Compensation
Columbia Heights 18,361 $ 13,800 $ 7,800
Golden Valley 20,132 $ 11,619 $ 8,696 $50/addl mtg, max 3 mtgs/mo
New Hope 20,718 $ 10,672 $ 7,553 $25 per EDA meeting
Robbinsdale 13,775 $ 10,151 $ 8,097
Crystal 22,014 $ 10,307 $ 7,929
South St. Paul 20,180 $ 10,200 $ 6,600
Champlin 23,934 $ 9,950 $ 6,610
Prior Lake 23,335 $ 9,420 $ 7,440
Stillwater 18,235 $ 9,000 $ 7,200
New Brighton 22,321 $ 8,600 $ 7,553
Rosemount 21,521 $ 8,528 $ 6,396 $35/Port Authority meeting
Hastings 22,491 $ 8,400 $ 6,000
Chaska 24,177 $ 8,208 $ 6,948
West Saint Paul 18,947 $ 8,100 $ 6,500
Farmington 18,959 $ 8,040 $ 7,020
Ramsey 23,272 $ 8,000 $ 6,000
St. Anthony Village 8,437 $ 7,500 $ 6,000 Mayor pro-tem: $6,756 salary
Vadnais Heights 13,071 $ 7,500 $ 6,000
Spring Lake Park 6,768 $ 7,234 $ 6,000
Forest Lake 17,496 $ 6,500 $ 5,500
North Saint Paul 11,569 $ 6,400 $ 5,200
East Bethel 12,090 $ 6,300 $ 5,700
Mounds View 12,733 $ 6,300 $ 5,700
Lino Lakes 20,305 $ 6,272 $ 5,018 $40/addl meeting
Ham Lake 15,324 $ 6,000 $ 4,900
Chanhassen 23,629 $ 6,000 $ 4,800 $50/addl meeting
Dayton 5,072 $ 6,000 $ 4,800
Hopkins 17,290 $ 6,000 $ 4,800
Little Canada 10,036 $ 5,700 $ 4,630
Mendota Heights 11,766 $ 5,700 $ 4,200
Falcon Heights 5,762 $ 5,400 $ 3,400
Waconia 10,183 $ 4,800 $ 4,000
Mahtomedi 8,143 $ 4,800 $ 3,600
Minnetrista 6,296 $ 4,800 $ 3,600 $50/addl meeting
Oak Grove 8,579 $ 4,772 $ 4,100 EDA: Mayor, $107/mo; Council $95/mo,
Circle Pines 5,297 $ 4,500 $ 3,900
Saint Francis 7,455 $ 4,500 $ 3,900 $35/half-day
Mound 9,787 $ 4,500 $ 3,000
New Prague 7,081 $ 4,440 $ 3,144
Saint Paul Park 5,221 $ 4,350 $ 3,800
Medina 5,026 $ 4,250 $ 3,000
Rogers 7,497 $ 4,200 $ 3,600
Orono 7,980 $ 4,200 $ 3,500
Lake Elmo 8,326 $ 3,915 $ 3,130
Arden Hills 10,137 $ 3,600 $ 3,200
Shorewood 7,618 $ 3,600 $ 3,000
Victoria 6,727 $ 2,700 $ 2,400
Corcoran 5,842 $ 1,800 $ 1,200
Comparative Mayor and Council Salaries
from 2011 League of Minnesota Cities Salary Survey
all Metro area participants in survey with 5,000 - 15.000 population
Salanes in Descending Order
Other
City Population Mayor Council Compensation
Robbinsda le 13,775 S 10.151 S 8,097
Si. Anthony Village 8.437 S 7.500 S 6,000 Mayor pro-tem: S6.756 salary
Vadnais Heights 13.071 S 7,500 S 6.000
Sprina Lake Park 6.768 S 7.234 5 6.000
North Saint Paul 11,569 5 6.400 5 5,200
East Bethel 12,090 S 6,300 5 5.700
Mounds View 12.733 5 6,300 5 5.700
Dayton 5,072 S 6,000 5 4.800
Little Canada 10,036 S 5.700 $ 4,630
Mendota Heights 11,766 S 5,700 S 4,200
Falcon Heights 5,762 S 5,400 $ 3.400
Waconia 10,183 S 4,800 S 4,000
Malitornedi 8.143 S 4.800 5 3,600
Minnetrista 6,296 $ 4.800 $ 3,600 S5Oladdl meeting
Jordan 5.402 $ 4,800 S 3,600
Oak Grove 8.579 S 4,772 S 4.100 EDA: Mayor, S107imo: Council 595imo.
Circle Pines 5,797 S 4.500 S 3.900
Saint Francis 7.455 5 4,500 S 3,900 S35/half-day
Mound 9,787 S 4.500 $ 3.000
New Prague 7.081 S 4,440 $ 3,144
Saint Paul Park 5,221 S 4.35(1 $ 3.800
Medina 5.026 S 4.250 S 3.000
Rogers 7.497 5 4.200 S 3.600
Orono 7.980 S 4.2(10 S 3.500
Lake Elmo 8.326 S 3,915 S 3.130
Arden Hills 10.137 5 3.600 S 3.200
Shorewood 7.618 $ 3,600 5 3.000
Victoria 6727 S 2.700 $ 2,400
Corcoran 5.842 S 1.800 $ 1,200
Average S 5.128 S 4.1 I 7
NUian $ .4.80(1 $ 3.80f
Comparative Mayor and Council Salaries
from 2011 League of Minnesota Cities Salary Survey
all Metro area panicipants in survey with 5,000 - 25.000 population
Salaries in Descending Order
Other
City Population Mayor Council Compensation
Columbia Heights 18.361 5 13.800 S 7.800
Golden Valley 20,132 S 11.619 5 8,696 850/addl nug. max 3 mtgsimo
New Hope 20,718 5 10.672 5 7.553 525 per EDA meeting
Robbinsdale 13.775 5 10.151 $ 8,097
Crystal 22.014 S 10.3(17 $ 7,919
South St, Paul 20,180 S 10.21)0 5 6.600
Champlin 23,934 S 9.950
$.$ 67:4641(1 Prior Lake 23,335 5 9,420
Stillwater 18.235 8 9,000 8 7,200
New Brighton 22,321 S 8.600 $ 7.553
Rosemount 21.521 8 8.528 S 6,396 $35/Port Authority meeting
Hastings 22,491 S 8.400 S 6,000
Chaska 24,177 S 8,208 8 6,948
West Saint Paul 18,947 5 8,100 8 6,500
Farmington 18.959 S 8.040 S 7.020
Ramsey 23.272 S 8,000 $ 6.000
Si. Anthony Village 8,437 8 7,500 $ 6,000 Mayor pro-tem: $6,756 salary
Vadnais Heights 13.071 5 7.500 $ 6,000
Spring Lake Park 6.768 S 7,234 S 6.000
Forest Lake 17.496 S 6.500 5 5,500
North Saint Paul 11.569 S 6,400 S 5.200
East Bethel 12.090 5 6,300 5 5.700
Mounds View 12,733 5 6,300 S 5„700
Lino Lakes 20.305 5 6,272 S 5.018 S40;acIdl meeting
Ham Lake 15.324 5 6.000 $ 4,900
Chanhassen 23,629 8 6,000 S 4.800 S50/addl meeting
Dayton 5,072 8 6,000 5 4.800
Hopkins 17.290 $ 6.000 5 4.800
Little Canada I 0,036 $ 5.700 S 4.630
Mendota Heights 11.766 5 5,700 S 4.200
Falcon Heights 5,762 8 5.400 $ 3,400
Waconia 10,183 8 4,800 5 4.000
Mahtomedi 8.143 8 4.800 $ 3.600
Minnetrista 6,296 $ 4,800 8 3.600 $50/addl meeting
Jordan 5.402 5 4,800 S 3.600
Oak Grove 8.579 8 4.772 S 4.100 EDA: Mayor, 5107/mo; Council .595inio.
Circle Pines 5.297 S 4.500 8 3.900
Saint Francis 7,455 8 4.500 S 3,900 S35ihalf-day
Mound 9.787 8 4.500 S 3.000
New Prague 7.081 8 4.440 S 3.144
Saint Paul Park 5.221 5 4,350 S 3.800
Medina 5.026 $ 4,250 5 3.000
Rogers 7.497 5 4.200 S 3,600
Orono 7,980 5 4.200 S 3.500
Lake Elmo 8,326 $ 3,015 S 3.130
Arden Hills 10.137 5 3.600 8 3,21)0
Shorewood 7.618 8 3.600 5 3.000
Victoria 6,727 $ 1.700 S 2.400
Corcoran 5,842 5 1.800 S 1,200
Average S 6,578 S 5,116
Median 5 0.000 8 4.800
'CITY OF
LAKE
ELMO
11
LAKE
AYOR & COUNCIL COMMUNICATION
DATE: 11/15/2011
REGULAR
ITEM #: 13
MOTION
AGENDA ITEM: 2012 Capital Improvement Plan — Authorize Soil Borings for the Proposed
2012 and 2013 Street Improvements
SUBMITTED BY: Ryan Stempski, Assistant City Engineer
THROUGH: Craig Dawson, Interim City Administrator
REVIEWED BY: Jack Griffin, City Engineer
SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to
authorize American Engineering Testing (AET), Inc. to perform soil borings in the amount of
$13,300 for the proposed 2012 and 2013 Street Improvements.
BACKGROUND INFORMATION AND STAFF REPORT: Geotechnical information is
needed to confirm the subsurface conditions of the streets in the City's Capital Improvement
Program. A proposal for these services was obtained from AET, Inc. It is recommended that the
soil boring data is only obtained for the streets scheduled for improvement in 2012 and 2013.
The streets where we have a high degree of confidence of the existing conditions due to record
drawing information will have Ground Penetration Radar (GPR) and Falling Weight
Deflectometer (FWD) testing performed. This testing is less expensive than traditional soil
borings and will provide the City with more continuous data for these streets.
Those streets where we do not have historical data will have standard penetration test borings
(traditional soil borings) to a depth of 6 feet. With the unknown existing conditions and absence
of record information, a full analysis of the subgrade soils will be necessary in the design of
these streets.
RECOMMENDATION: Based upon the above staff report, the City Council is respectfully
requested to consider authorizing AET, Inc. to perform soil borings for the proposed 2012 and
2013 Street Improvements. The suggested motion to approve this action is as follows:
"Move to Authorize AET, Inc. to Perform Soil Borings for the Proposed 2012 and 2013
Street Improvements in the Amount of $13,300."
-- page 1 --
City Council Meeting
November 15, 2011
2012 Ch — Authorize Soil Borings for 2012
and 2013 Street Improvements
Regular Agenda Item # 13
Alternatively, the City Council does have the authority to further discuss, deliberate and/or, if
appropriate, amend the recommended motion prior to taking action. If done so, the appropriate
action of the Council following such discussion would be:
"Move to Authorize AET, Inc. to Perform Soil Borings for the Proposed 2012 and 2013
Street Improvements in the Amount of $13,300 fas amended and/or modified at tonight's
meeting]."
ATTACHMENTS:
1. AET Proposal
2. 2012 Street CIP Location Map
SUGGESTED ORDER OF BUSINESS:
Introduction of Item .......... ...... ........ ............ . ...................... City Administrator
Report City Engineer
Questions from Council to staff ...... . ..... .................. ....... ...... Mayor Facilitates
Public Input (if appropriate) Mayor Facilitates
Call for Motion ....... ............. ....... ......... ....... ............ Mayor & City Council
Discussion ..... .......... ............ ......., ....... . ..... . ......... ......... Mayor Facilitates
Action on Motion. Mayor & City Council
-- page 2 --
A
AMER I CAN
ENGINEERING
TESTING, INC.
November 9, 2010
City of Lake Elmo
Department of Public Works
3800 Laverne Avenue North
Lake Elmo, MN 55042
Attn: Ryan W. Stempski, PE
RE: Proposal for Geotechnical Services
2012-2013 Street Improvements, Lake Elmo, Minnesota
. Dear Mr, Stempski:
CONSULTANTS
• ENVIRONMENTAL
• GEOTECHNICAL
• MATERIALS
• FORENSICS
Per your recent e-mails and our discussions, we are submitting this updated proposal to conduct
the following scope:
"Reconstruction" Area Scope (excludes Keats Ave):
Fieldwork
• Drill and sample 30 standard penetration test borings to depths of 6 feet on the existing
streets,
• Clear underground public utilities through the Gopher State One Call system,
• Measure in -place bituminous and apparent aggregate base thicknesses,
• Measure and document the boring locations, No measuring of the surface elevations is
planned.
Laboratory
• Classify the soils per the Unified Soil Classification System (USCS).
• Conduct water content tests on cohesive samples retrieved,
• Conduct unit price soil index testing ($352 unit price budget, allowing for 4 sieve
analysis tests),
Report
• Logs of the test borings, including pavement thicknesses and lab test results,
• Descriptions of the drilling, sampling, testing, and classification methods.
• Review of soil and ground -water conditions encountered.
• Geotechnical opinions/recommendations pertaining to the planned street improvements
including estimate of subgrade R-value,
The scope of work defined in this proposal is intended for geotechnical purposes only, and not to
explore for the presence or extent of environmental contamination at the site. However, we will
note obvious contamination encountered,
550 Cleveland Avenue North 1St. Paul, MN 55114
Phone 651-659-9001 Toll Free 800-972-6364 Fax 651-659-1379 I www.amengtest.com I AA/EEO
Thls document shall not be reproduced, except in full, wIlhout written approval from American Engineering Testing, Inc.
City of Lake Elmo
November 9, 2010
Page 2 of 3
"Reclaim" Area Scope:
Fieldwork
Perform Falling Weight Deflectometer (FWD) testing. The FWD testing will be done
using the standard Strategic Highway Research Program (SHRP) sensor spacing and will
be done at 6,000 and 9,000 lbs. force. The testing will be performed at a 60 to 200 foot
spacing in each of the driving lanes producing an effective 30 to 100 foot spacing along
the roadway alignment. We expect this will total about 130 test locations.
• Perform Ground Penetration Radar (GPR) testing. The GPR testing will be done at a '1-
foot spacing in each of the driving lanes. We expect this will total about 3 Y2 lane miles.
• Conduct pavement cores and aggregate base thickness exploration at 12 locations to
correlate GPR thickness data to actual measurements.
Report
• Analyze FWD data for load capacity of the roadway, stiffness, and required
reclaim/overlay thickness,
• Prepare a report showing the spring load carrying capacity, effective granular
equivalency, and effect subgrade R-value; and recommendations for the street
improvements.
Fee;
Our services will be performed on a time -and -materials basis per the attached fee schedule. For
the scope described, we will establish $13,300 as a not -to -exceed fee ($7,300 estimated for the
"reconstruction" portion and $6,000 estimated for the "reclaim" portion). In the event the scope
of our work needs to be revised, we will review such scope adjustments and the associated fees
with you, and receive your approval before proceeding.
Schedule;
Based on our current backlog, we anticipate the following schedule (following authorization to
proceed):
• Soil borings- begin within two weeks, three days of drilling expected
• FWD/GPR/coring- within about one week
• Report within about one month,
Terms/Conditions:
Our services will be performed per the Contract Agreement Between the City of Lake Elmo and
American Engineering Testing, Inc, for Professional Services, dated July 20, 2010.
Acceptance:
Please indicate your acceptance of this proposal by endorsing the enclosed copy and returning it
to us, The original proposal is intended for your records.
City of Lake Elmo
November 9, 2010
Page 3 of 3
Sincerely,
4t------___
Jeffery K. Voyen, PE
Vice President/Principal Engineer
Phone #651-659-1305
Cell #612-961-9186
jvoyen@amengtest.com
Attachments:
2011 Geotechnical Fee Schedule
PROPOSAL ACCEPTANCE BY:
Signature:
Printed Name:
Date:
ci(
2011 GEOTECHNICAL FEE SCHEDULE
1. Personnel Hourly Rates
A.
B,
C,
D.
E„
F,
G,
H.
1,
Word Processing Specialist
Field Technician II (FWD/GPR)
Drill Technlcian/L,ab Technician
Senior Engineering Technician
Engineering Assistant
Engineer 1/Geologist 1
Engineer II/Geologist II/Sr, Engr. Assistant
Senior E.ngineer/Geologist
Principal Engineer/Geologist
Vehicle Mileau
A. Personal Automobile/Truck
B.
C,
D.
E.
F.
G.
H.
Auxiliary Truck Vehicle
Truelc with Coring EquipMent
Truck with Warning Sign/Crash Trailer
Truck with FWD or GPR Equipment
1-1/2 to 2-1/2-ton Truck with Drill Rlg
CPT Truck Rig (20-ton push capacity)
Tractor/Lowboy Trailer
58,00/hr
75,00/hr
84,00/hr
90,00/hr
100,00/hr
107.00/hr
122,00/hr
136.00/hr
163,00/hr
0.75/mile
0.95imile
1.05/mile
1.15/naile
1,15/mlle
L30/mile
1.55/mile
1,75/mile
III. Equipment Rental
A. Drill Rig Rental
1. Rotaty Drill on 1-ton Truck 63,00/hr
2. Rotary Drill on 11/2 to 21/2-ton Truck 73.00/hr
3. Rotary Drill on AU -Terrain Vehicle 103,00/hr
4, Portable, Non-mtaiy Rig 73.00/hr
B. Auxiliary/Speeialty Vehicle Rental
1, Auxiliary Truck.Vehiele
2, Truck with Warning Sign/Crash Trailer
3. Truck with Coring Equipment
C, Cone (CPT) Rig/Equipment Rental
1, CPT Rig (Truck or ATV)
2, Electronic Cone w/Computer
3. Soil Sampler
4, Water Sampler
D. Miscellaneous Equipment Rental
1. Field Vane Shear
2, Field Electrical Resistivity
3, Field Seismic Refraction (ReMi)
4, Inclinometer Reading Equipment
5, Pneumatic Transducer Reading
6. Bore Hole Permeability
a, Open End Casing Method
b. HQ Wireline Packer
7, Borehole PIVSSuremeter
8, Iowa Borehole Shear Tester
9, Double Ring lnfiltrometer
10, Photoionization Detector (PID)
II, GPS Mapping System
12, Pile Driving Analyzer (PDA)
13, Calibrated SPT Rod
14, Portable Concrete Coring Equipment
15, Pavement Testing ( includes Truck)
a, Falling Weight Deflectometer (FWD) 150.00/hr
b, Ground Penetrating Radar (GPR) 45,00/hr
E, Geotechnical Software Rental
1, Geo Studio Finite Element 55,00/hr
2, CAPWAP 30,00/hr
3, AutoCAD or Microstation 25.00/hr
4, Wave Equation (WEAP) 15.00/hr
5, LPILE or GROUP 15.00/hr
6, Slope Stability (ReSSA) 15.00/hr
01DP1‘402Cl1 (1/11)
15,75/hr
25,00/hr
40,00/hr
I 30,00/hr
38,00/hr
3,00/hr
20,00/hr
300.00/day
215.00/day
370.00/day
300.00/day
150,00/day
120.00/day
300.00/day
57.00/hr
310,00/day
240.00/day
110,00/day
13,00/hr
680.00/day
175,00/day
35,00/hr
7, Stabilized Earth Slopes & Walls 15,00/hr
8. Settlement (FoSSA) 15.00/hr
9, SHAFT 15,00/hr
F. Bit Wear- Rock Coring
1, Diamond Bit - Sedimentary Rock
B, NQ 10.00/foot
b) HQ I 2.00/foot
2, Diamond Bit - Metamorphic & Igneous
B, NQ 17,00/foot
HQ20.00/foot
Laboratory Tests of Soil
A, Water Content hourly
B, Dry Density (includes water content) 50.00/lest
C. Alterberg Limits (ASTMV4318)
1. Plasticity Index 100.00/test
2. Liquid Limit or Plastic Limit Separately 75,00/test
D. Sieve Analysis (includes -#200) 88.00/test
E. Hydrometer Analysis (sieve included) 180.00/test
F. Thermal Resistivity w/Proctor (ASTM:D5334)
1. As Received and Oven Dried (2 pts) 910.00/test
2. Dry Out Curve (4 pts) 1130.00/test
G. Electrical Resistivity (ASTM:G57-Soil Box) 87.00/test
H. Consolidation (up to 32 tsf)
1, With P-e curves only 440,00/test
2, With P-e curves, time curves 550,00/test
I. Unconfined Compression (inci, we/density) 80.00/test
1, Hand Penetrometer 10 , 00/test
K. Organic Content of Soil 56,00/test
L. Topsoil Borrow Test (Mn/DOT 3877) 300,00/test
M. R-value (Hveem Stabilometer) 360.00/test
N. California Bearing Ratio
1. Granular 560,00/test
2. Cohesive 630,00/test
O. Proctor Tests (Methods A or B)
Standard
Modified
115,00/test
1.30.00/test
V. Expenses
A, Direct Project Expenses: includes out -of- Cost + 15%
town per diem; plowing & towing; special
materials & supplies; special travel,
transportation 8 freight; subcontracted
services, and miscellaneous costs
B, Equipment Replacement (when abandonment Cost
is more feasible than recovery)
C. Equipment Recovery (when required by Cost + 15%
regulatory agencies or project specifications)
VI. Expert Witness Service Rates
Litigation Preparation
Deposition or Court Time
(4-hour minimum)
210,00/hr
265,00/hr
The rates presented are portal-to-portal with vehicle mileage, expenses
and equipment rentals being additional,
Overtime for personnel charged at above cost plus 25% for over 8
hours per day or Saturday; and at above cost plus 50% for Sundays or
Holidays, Hazardous work charged at an additional 25%. Night time
shift work will include a premium charge of $30.00 per person per
shift,
AMERICAN ENGIIYEERINii
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5-YEAR STREET CAPITAL IMPROVEMENT PLAN
IMPROVEMENT YEAR
2009 '3-37 2013
2010 2014
2011 2015
2012 2016
City Hall
34900 Laverne Avenue N
6511777,-5510
www.lakeelm..org
Public Works Building
3445 Ideal Ave N
6513231-5414
Fire Stations
Station No, I
351D Laverne 11101 N
551 770-s0e5
Sr/Anne. 2
4550 Jenne Ave N
651774,115$2
Schools
Parcels
Subdivisions
City Parks
Golf Course
Lake Elmo Regional
Park Reserve
Park °Nice
551#30-8368
Lakes
1, 1
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11.1111.11___IiilliMinlaa Miles
Map Date: NOVEMBER 2011
Created By
LAKE
ELMO I MAYOR & COUNCIL COMMUNICATION
DATE:
REGULAR
ITEM #:
MOTION
11/15/2011
14
AGENDA ITEM: Well No. 4 Test Well — Authorize Preparation of Plans and Specifications
SUBMITTED BY: Jack Griffin, City Engineer
THROUGH: Craig Dawson, Interim City Administrator
REVIEWED BY: Ryan Stempski, Assistant City Engineer
SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to
consider authorizing Short Elliot Hendrickson (SEH) to provide engineering services for the
Well No. 4 Test Well project in an amount not -to -exceed $7,500.
STAFF REPORT AND BACKGROUND INFORMATION: At the September 6, 2011
council meeting, the City Council approved an Option Agreement for a 1 acre parcel of land to
be investigated as the potential site of the future Water Supply Well No. 4. The parcel is located
at 11240 50th Street North. The Option Agreement provides the city with a 180 day period in
which to construct a Test Well to determine if the site is a viable location for a large municipal
production well.
In addition, the City Council also authorized at this meeting the design, construction and testing
of the Test Well on the site. The total project cost for the Test Well is estimated to be $35,000
and $50,000 including engineering, construction, sampling, testing and abandonment. The Test
Well will allow the city to obtain both aquifer capacity tests and water quality tests. It is
anticipated that an 8-inch Test Well will be needed at a depth in excess of 180 feet into the
Jordan Aquifer.
The City Engineer has met with several engineering consulting firms to discuss this project and
to identify a work scope and fee for this project. The firm of Short Elliot Hendrickson (SEH) has
submitted a proposal for this work and has committed the experienced staff necessary to provide
the requested services.
RECOMMENDATION: Based upon the above staff report, the City Council is respectfully
requested to consider authorizing Short Elliot Hendrickson (SEH) to provide engineering
--page 1—
City Council Meeting Well No. 4 Test Well — Authorize Pre tion of Plans and Specifications
November 15, 2011 Regular Agenda Item # [XI
services for the Well No. 4 Test Well project in an amount not -to -exceed $7,500. The proposed
motion to approve this action is as follows:
"Move to authorize Short Elliot Hendrickson (SEH) to provide engineering services for the
Well No. 4 Test Well project in an amount not -to -exceed $7,500."
Alternatively, the City Council does have the authority to further discuss, deliberate and/or, if
appropriate, amend the recommended motion prior to taking action. If done so, the appropriate
action of the Council following such discussion would be:
"Move to authorize Short Elliot Hendrickson' (SEH) to provide engineering services for the
Well No. 4 Test Well project in an amount not -to -exceed $7,500."
[as amended and/or modified at tonight's meeting]."
ATTACHMENTS:
Engineering Services Proposal
SUGGESTED ORDER OF BUSINESS:
Introduction of Item ................ ................. ............. ..... City Administrator
Report..... ............ ............... . ..... ................„.„ .......................... ...... City Engineer
Questions from Council to staff......... ...... . ........................ Mayor Facilitates
Public Input (if appropriate) Mayor Facilitates
Call for Motion Mayor & City Council
Discussion Mayor Facilitates
Action on Motion ................ .............. ...... ....... ............. Mayor & City Council
page 2 --
SEH
November 9, 2011
Mr. Jack Griffin, PE
Focus Engineering, Inc
3800 Laverne Avenue North
Lake Elmo, MN 55042
Dear Mr. Griffin:
RE: City of Lake Elmo, Minnesota
Test Well No, 4
SEH No. LAKMO 118503
Thank you for the opportunity to discuss our assistance in working with you to provide
water engineering services to the City of Lake Elmo. As requested during our
discussion, we have prepared this proposal for engineering services related to the Test
Well No. 4 Project.
Based on the previous work that has been completed by TKDA and LGB, we understand that a
location for the proposed test well has been selected at 11240 50th Street North. This location
has been selected with respect to hydraulic connection to the existing system, yield and an
expected isolation from existing groundwater contamination. Based on the outcome of a
proposed test well, we understand that the City may consider purchasing property for the design
and construction of a new City Municipal Well.
The specific test well project will consist of constructing a test well as recommended in the
previously completed LGB study with the following tasks of work:
1. Developing technical specifications for the construction of the test well.
2. Assisting in obtaining quotes from qualified well drilling contractors.
3. Providing a tabulation of the quotations received.
4. Preparation of construction contracts.
5. Observing the test well drilling operation.
6. Reviewing the data obtained from the test well drilling, such as soil
samples, pumping test results and water quality data.
7. Reviewing for the suitability for the construction of a new well
based on the data collected from the test well.
We propose to complete the work on an hourly rate for a not -to -exceed cost of $7,500. If this
proposal satisfactorily sets forth your understanding of the proposed project, please sign in the
space below and return one copy to our office.
Short Elliott Hendrickson Inc. I 3535 Vadnais Center Drive I Saint Paul, MN 55110-5196
SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 1 600.325,2055 1 668.906.8166 fax
Mr. Jack Griffin
November 9, 2011
Page 2
I have attached a copy of my professional resume for your review. If you have any questions
or would like to discuss this proposal, please do not hesitate to contact me at your
convenience.
Sincerely,
Douglas E. Klamerus, PE
Project Manager
dek
Attachments
c: Miles Jensen, SEI-I - Saint Paul Office
City of Lake Elmo, Minnesota
Approved this day of , 2011
By:
sAlcaklakel1carnmontrest well na.41i,griflin letter proposal laknio 112503 1191 l.docx
cPk
Barry C. Peters, PE
Principal