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Home My WebLink About12-14-2010 PacketCity of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota December 14, 2010 7:00 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston DeLapp Emmons, Park Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings so everyone attending the meeting or watching the meeting understands how the City Council does its public business.) F. GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G. ACCEPTANCE OF MINUTES: 1. November 16, 2010 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, Renewal of Terry Emerson Interim Use Permit (D & T Trucking) 4. Budget Adjustment for Keats Ave Entry Monument REGULAR AGENDA: 5. Discussion of Administrative Items (City Contract Renewals, Council Retreat, 2011 Opportunity Budget) 6, Executive Session RE: Groundwater Contamination Issues 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 • Planning Director L. Adjourn **A social gathering may or may not be held at the Lake Elmo Inn following the meeting.** AFT City of Lake Elmo City Council Minutes November 16, 2010 6:30 p.m, Presentation by Ms. Kathy Schmidlkofer, Itasca Group Mayor Johnston called the meeting to order at 7:30 p.m, PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, Park (departed 9:35 p.m.) and Smith (departed 8:30 p.m) Also Present: Administrator Messelt, City Engineers Griffin and Stempski, Attorney Snyder, Planning Director Klatt, Finance Director Bouthilet, Fire Chief Malmquist, Public Works Supervisor Mike Bouthilet, and City Clerk Lumby APPROVAL OF AGENDA: MOTION, Council Member Emmons moved to approve the November 16, 2010 City Council agenda, as revised (Remove Item #4 and #7 from the Consent agenda. Council Member DeLapp seconded the motion. The motion passed 5-0, ACCEPTED MINUTES: The November 3, 2010 City Council minutes are accepted by consensus. PUBLIC COMMENTS/INQUIRIES: None CONSENT AGENDA: MOTION: Council Member Smith tnoved to approve the Consent Agenda. Council Member Emmons seconded the motion. The motion passed 5-0. • Approve payment of disbursements and payroll in the amount of $1,135,101,60, • Approve Resolution No. 2010-062 accepting the work for the 2010 Crack Seal Project and authorize of $13,910.40 to be paid from the Infrastructure Fund for the 2010 Crack Seal Project • Approve Ordinance No. 08-034 establishing the buffer setbacks for the Meyers Pineridge Development • Approve Ordinance No, 08-035 adding a rear yard setback and reference to the buffer setbacks for Open Space Preservation Developments Approve Resolution No. 2010-063 Adopting the City of Lake Elmo Special Assessment Policies and Procedures for Public Improvements The updated Special Assessment Policies and Procedures for Public Improvements, dated November 16, 2010, was reviewed and developed by the Assessment Policy Review Subcommittee together with City staff, LAKE ELMO CITY COUNCIL MINUTES November 16, 2010 MOTION: Mayor Johnston moved to approve Resolution No. 2010-063 Adopting the Special Assessment Policies and Procedures fOr Public Improvements, Council Member Park seconded the motion. The motion passed 5-0. Modification of Memorandum of Understanding for Economic Conditions The City Council was asked to approve changes to the Memorandum of Understanding, as presented in Resolution No 2010-065, granting the City relief from any Wastewater Inefficiency Fees, due to the prolonged slowdown of the overall approval. Administrator Messelt reviewed the proposed revisions modifying the MOU. MOTION, Council Member DeLapp moved to approve Resolution No. 2010-065, as revised, granting the City of Lake Elmo relieffrom any Wastewater Inefficiency Fees, due to the prolonged slowdown in economic activity. Council Member Emmons seconded the motion. The motion passed 4-0, (Council Member Smith was not in attendance for vote.) Consideration of a Conditional Use Permit application to allow an open sales lot for Cranky Ape at 9200 Hudson Boulevard Jay Adams, Cranky Ape Company co-owner, stated they withdrew their application for Conditional Use Permit to allow an open sales lot for Cranky Ape at 9200 Hudson Boulevard. Interim use Permit for Midwest Recreational Clearinghouse, LLC (Cranky Ape Powersport Auctions) to establish an open sales lot for the outdoor display of merchandise at 9200 Hudson Blvd, The City Council was requested to consider an interim use application from Midwest Recreation Clearinghouse, LLC (Cranky Ape Powersport Auctions) to allow the outdoor display of merchandise for public viewing at 9200 Hudson Boulevard North. The conditions and restrictions of the Interim Use Permit were found to be acceptable by the applicant and the Conditional Use Permit request was withdrawn. The Council was also requested to consider and authorize execution of a consent agreement associated with the proposed interim use. This agreement specifies the terms and conditions including the termination date/event, for the interim use, and has been revised based on feedback from the application and the City Attorney, MOTION: Council Member Smith moved to approve Resolution No, 2010-055 granting an Interim Use Permit for Midwest Recreational Clearinghouse, LLC (Cranky Ape Powersport Auctions) to establish an open sales lot AI" the outdoor display of merchandise at 9200 Hudson Boulevard and approving a consent agreement for the interim use. Council Member Emmons seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL MINUTES November 16, 2010 2 Lake Elmo Fire Department Personnel Actions Administrator Messelt reported the City followed in processing recent retirements including exit interviews, recruitment of new firefighters, and selection of recommended new officers. The City Administrator participated in the interview and selection process of recommended new officers and Chief Malmquist recused himself participation in the selection process for Captains, due to a potentially perceived conflict of interest, The following three personnel actions were forwarded for Council consideration, MOTION: Council Member Park moved to accept the retirements of Lake Elmo Fire Department Captain Mike Trernain, District Chief Doug Pepin, and Firefighter Jim Sachs and direct the City to appropriately thank and recognize these individuals for their service. Council Member Smith seconded the motion. The motion passed 5-0. MOTION: Council Member Emmons rnoved to approve conditional job offers to Jon Early, Chris Pasiuk, Peter Ziemer and Larry Cornell as Probationary Firefighters, contingent on their passing of physicals and psychological screening. Council Member DeLapp seconded the motion. The motion passed 5-0. MOTION: Mayor Johnston moved to approve the promotions of Captain Steve Rutkowski to Station #2 District Chief Firefighter Lee Olson to Station #2 Captain, and Firefighter Noah Malmquist to Station #2 Captain. Council Member DeLapp seconded the motion. The motion passed 5-0. Review of Pending Enforcement Action Concerning Activities not allowed within an A or RR Zonina District The City Council was asked to confirm application of the Agricultural Entertainment Ordinance, or provide alternative direction, with respect to activities being conducted on the Country Sun Farms property at 11211 60th Street North. Specifically in question is the establishment of gem mining town, operation of a silly string zone and use of inflatable bouncers as entertainment activities. No city official authorized these three activities under Ag related events before commencement. Keith Bergmann, Country Sun Farms, stated there was no special event permit process in place when he came into the City to discuss activities such as the gem mining. The gem mining building was built in August, 2009 and the bouncing castles were set up in September 2008. Country Sun Farms did submit a building permit application for the gem mining building to the Building Dept. and never heard from the City nor did the City cash their check. Keith said Country Sun Farms tried to be in compliance with the Ag Entertainment Ordinance as defined in his response letter, Country Sun Farms wants to continue operating these activities under whatever City permitting process. LAKE ELMO CITY COUNCIL MINUTES November 16, 2010 MOTION: Mayor Johnston moved to authorize staff to continue enforcement action related to activities being conducted at 11211 601h Street North (Country Sun Farms) that are not allowed in an A — Agriculture or RR — Rural Residential Zoning District. Council Member Smith seconded the motion. The motion passed 5-0, 2011 Street and Water Quality Improvements — Resolution Accepting the Report and Calling for a Public Improvement Hearing The City Council was asked to accept the Feasibility Report for the 2011 Street and Water Quality Improvements and pass a resolution accepting the report and calling for a public improvement to be held on December 7, 2010, The Feasibility Report for the 2011 Street and Water Quality Improvements including the residential streets in David Nelson Estates (10th Street Court North), and the Tartan Meadows Development (11 (11 Street North, 12th Street North, Laverne Avenue North, Layton Avenue North, and Leeward Avenue North). The preparation of the Feasibility was authorized on September 21, 2010. MOTION: Council Member DeLapp moved to adopt Resolution No. 2010-064 accepting the Feasibility Report for the 2011 Street and Water Quality Improvements with bituminous curbs on both projects and Calling fbr a Public Improvement Hearing to be held on December 7, 2010, Council Member Park seconded the 'notion. The motion passed 3-1 (Mayor Johnston voted against) 2011 Proposed General Fund Budget — Department Presentations In anticipation of the December adoption of the final 2011 Annual Budget and Levy, the City Council was requested to review with City Department Heads the proposed 2011 Annual Budget, including department goals and objectives. No specific Council action was requested. Respectfully submitted by Sharon Lumby, City Clerk The meeting was acljourned at 10:20 p.m. LAKE ELMO CITY COUNCIL MINUTES November 16, 2010 4 CITY OF EL 0 LAKE A YOR & COUNCIL COMMUNICATION DATE: 12/14/2010 CONSENT ITEM #: 2 MOTION as part of Consent Agenda AGENDA ITEM: Approve Disbursements in the Amount of $ 53,708.43 SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrato REVIEWED BY: City Staff SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $53,708.43. 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 to be paid in accordance with State law and City policies and procedures. Claim # Arnount I 36480 —36514 0.00 Voided Checks - Misprint 36515 — 36549 $ 53,708.43 Accounts Payable Dated 12/14/2010 TOTAL $ 53,708.43 -- page 1 -- City Council Meeting Approval of Disbursements December 14th, 2010 Consent Agenda Item #2 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 RECOMMENDATION: It is recommended that the City Council approve as part of tonight's Consent Agenda proposed disbursements in the amount of $53,708.43. In addition, the City Council is requested, as part of this Consent Agenda, to authorize the Mayor and City Administrator to execute any emergency disbursements required during the December 15th, 2010 through January 4th, 2011. 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 December 14th, 2010 Disbursement, as Presented fand modified] herein." ATTACHMENTS: 1, Accounts Payable Dated 12/14/2010 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Auenda); 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 Administrator Printed: 12/09/2010 - 12:23 PM Batch: 003-12-2010 Invoice # Inv Date AM DA1-11 Amdahl Chris 7702 11/17/2010 Amount Quantity Pmt Date Description Reference 89.89 0.00 12/14/2010 Rekey Sheriff Dept. Door 411-480-8000-45700 Office Equipment & Furnishings 7702 Total; 89.89 7766 12102/2010 130.75 101-420-2220-44010 Repairs/Maint Bldg 7766 Total: 130.75 AMDAHL Total: 220.64 ARAM Ararnark. Inc_ 629-7130018 12(0210200 101-430-3100-44170 Uniforms 629-7130018 Total: 629-7131857 12106/201(1 10 1 -410-1940-44010 Repairsfivlaint Contractual Bldg 629-7131857 Total: ARAM Total: B1FFS Biffs Inc, W422401 11116/2010 101-450-5200-44120 Rentals - Buildings W422401 Total: 81FFS Total: CTYBLEX)M City of Bloomington 11-2010 11/3012010 601-494-9400-42270 Utility System Maintenance 11-2010 Total: CTVBLOOM Total: AP - To Be Paid Proof List (12/09/10 - 12:23 PM) 0.00 12/14/2010 Repair Locks Fire Station 1 23.63 0.00 12114/2010 Uniforms 23.63 47.63 0.00 12/14.'2010 Linen Service - City Hall Annex 47.63 71_26 81.29 0.00 12/14/2010 Portable Restrooms Sunfish Park 81.29 81.29 40.00 0.00 12/14/2010 Lab Water Bacteria Tests 40.00 40.00 Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No No 0000 0000 Page Invoice # Inv Date Amount Quantity Pint Date Description Reference CTYROSEV City of Roseville 0213460 12106/2010 1,551.58 0.00 12/14/2010 Monthly IT Services-Der-ernber 2010 101-410-1450-43180 Information Technology/Web 0213460 Total: 1,551.58 CTYROSEV Total: 1,551.58 DONALDSA Donald Sal verda & Associates P-1002-413 12/01/2010 176.21 0.00 12/1412010 Advanced Effective Mgt Prozrams- 101-410-1320-44370 Conferences & Training Books P-1002-46 Total: 176.21 DONALDSA Total: 176.21 ECKBERG Eckberg Lamers Briggs Wolff 108620 1150/2010 4,486.00 0.00 12/14/2010 Legal Services Civil 101-410-1320-43040 Legal Services 108620 11/30/2010 130.00 0.00 12/14/2010 Legal Services Planning I01-410-1910-43040 Legal Services 108620 Total: 4,616,00 11 20I 0 I I/30)2010 3,843.39 0.00 12/14/201(1 Legal Services -Nov. Prosecution 101-420-2150-43045 At ton Icy Criminal 11 2010 Total: 3,843.39 ECKBERG Total: 8.459.39 GENSAF General Safety Equipment LLC 2654 1210112010 135.84 0.00 12/14/2010 Replacement Gas Door Holders E2 101-420-2220-44040 Repairs/Maint Eqpt 2654 Total: 135.84 GENSAF Total: 135.84 H & E- L Mesabi corp H 81398 12/02/2010 101-430-3125-44040 Repairs/Maint Eqpt H 8i 198 Total: R&L Total; HAGBERGS Hagbcrgs Country Market 10 12/01/2010 101410-1410-44300 Miscellaneous 10 Total: AP - To Be Paid Proof List (12/09/10 - 12:23 PM) 4,692,17 0_00 1211412010 Snow Plow Blades 4,692.17 4,692.17 61.77 0,00 12/14/2010 Election 61.77 Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0900 No 0000 No 0000 Page 2 Invoice # Inv Date HAGBERGS Total: HOTSY HOTSY EQUIPMENT OF MINNESOTA 36550 12/02/2010 101-430-3100-44010 Repairs/Maint Bldg 36550 Total: HOTSY Total: KAMCO Kamco. Corp 3266 10115/2010 101-43(1-325(1-43150 Contract Services 3266 Total: KAMCO Total: LARSON LARSON DIESEL SERVICE, Corp 101105022 11/05/2010 101-430-3120-44040 Repairs/Maint Eqpt 1(11105022 Total: 101105023 11/05/2010 101-430-3120-44040 Repairs/Maint Eqpt 101105023 Total: 101130001 11/05/2010 101-430-3120-44040 Repairs/Maint Eqpt 101130001 Total: LARSON Total: LEAGMN League of MN Cities 11072706 11/30/2010 101-410-1910-43040 Legal Services 11072706 Total: LEAGMN Total: LEQIL Lake Elmo Oil, Inc. S01203 11/30/2010 101-420-2220-42120 Fuel, Oil and Fluids S01203 Total: LEOIL Total: AP - To Be Paid Proof List (12/09/10 - 12:23 PM) Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 61.77 158.94 0.00 12/14/2010 Pressure Washer Wands 158.94 158.94 150.00 0.00 12114/2010 Cut uprooted tree on 33rd Street Lane 150.00 150.00 1,313.85 1,313.85 384.40 384.40 124.78 124.78 1.823,03 13.031.27 13,031.27 13_031.27 0.00 12/14/2010 0.00 11'14/2010 0.00 12114/2010 DOT Service and Repair 86-1 DOT and Servicc 98-2 DOT and Service 09-] 0.00 12/14/2010 Land Use ns 599.53 0.00 12/14/2010 Fuel -Fire Department 599_53 599.53 No No No No No 0000 0000 0000 0000 0000 No 0000 No 0000 Page 3 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # Lillie Newspapers Inc. Lillie Suburban 007148 11/30/2010 149_48 0.00 12/14/2010 Legal Notice Publications 101-410-1450-43510 Public Notices 007148 I 1/3012010 13.70 0.00 12/14/2010 Legal Notice Publications 601-494-9400-44300 Miscellaneous 007148 Total: 163.18 Lillie Total: 163.13 LINNER Linner Electric Company, Inc. 21335 1 1 F'29/2010 510.50 0.00 12/14/2010 4 Lot Lights Replace -Public Works 101-430-3100-44010 Repairs/Maint Bldg 21335 11/29/2010 150.00 0.00 12/14/2010 1 Lot Light Replace -City Hall 101-410-1940-44040 Repairs/Maint Contractual Eqpt 21335 Total: 660.50 LINNER Total: 660.50 LOFF Leffler Companies, Inc. 1189706 12/01/2010 172.03 0.00 12/14/2010 Copy Machines F3ase & Overage for 101-410-1940 44040 RepairsiMaint Contractual Eqpt Dec 10 1189706 Total: 172.03 LOFF Total: 172.03 MARONEYS Maroney's Sanitation, Inc 362445 12/01/2010 103.66 0.00 12/14/2010 Waste Removal - City Hall 101-410-1940-43840 Refuse 362445 12./01/2010 45.62 0.00 12/14/2010 Waste Removal - Fire 101-420-2220-43840 Refuse 362445 12;0112010 198%87 0.00 12114/2010 Waste Removal - Public Works 101-430-3100-43840 Refuse 362445 12/01/2010 198.87 0.00 12/14/2010 Waste Removal - PArks 101-450-5200-43840 Refuse 362445 Total: 547.02 MARONEYS Total: 547.02 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 MARVS Marv's Professsional Tools 231963 12/02/2010 12.13 0.00 12/14/2010 Hex Bit Holder No 0000 101-430-3100-42400 Small Tools & Minor Equipment 231963 Total: 12.13 MARVS Total: 12.13 AP - To Be Paid PI-aut. List (12109/10 - 12:23 PM) Page 4 Invoke # Inv Date MCDONALD McDonald Construction Chk Req 12/09/2010 803-000-0000-22900 Deposits Payable Chk Req Total: MCDONALD Total: MENARDSO Menards - Oakdale 28111 12/03/2010 101-430-3100-42230 Building Repair Supplies 28111 Total: 30051 12/09/2010 101-410-1940-42230 Building Repair Supplies 30051 Total: MENARDSO Total; MILLEREX Miller Excavating. Inc. 15238 11/30/2010 101-430-3100-43150 Contract Services 15238 11/30/2010 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 15238 Total; MILLEREX Total: MORTON Morton Salt, Inc. 534344 12/02/2010 101-430-3125-42290 Sand/Salt 534344 Total: MORTON Total: ONECALL Gopher State One Cali 0110638 11130/2010 101-430-3100-43150 Contract Services 0110638 Total: ONECALL PRESS Press S royal 12/07/10 12/07/2010 101-410-1450-43620 Cable Operations 12/07/10 Total: AP - To Be Paid Proof List (12/09/10 - 12:23 PM) Amount Quantity Prot Date Description Reference 3,000.00 0.00 12/14/2010 Escrow Return 10263 Tapestry Penrdt 7332 3,000.00 3,000.00 21.23 0.00 12/14/2010 Hardware for Shelves 21_23 20.22 0.00 12/14/2010 Supplies - City Hall 20.22 41.45 463.50 0.00 12/14/2010 Grading Gravel Roads 326.94 0.00 12/14/2010 Sand -New Lake Elmo Welcome Sign 790.44 790.44 6.444.06 6,444.06 6,4-44,06 0.00 12/14/2010 Road Salt 89.90 0.00 12J14/2010 Line Locates - November 2010 89.90 89.90 58.88 0.00 12/14/2010 Cable Operator Council 12/0712010 58.88 Task Type PO # Close POLine # No No 0000 0000 NO 0000 No No No No No 0000 0000 0000 0000 0000 Page 5 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # PRESS Total: 58.88 S&T S&T Office Products, Inc. 01011261 11/30/2010 101-410-1320-42000 Office Supplies 01011261 Total: 01011414 11/18/2010 101-410-1320-42000 Office Supplies 01011414 Total: S&T Total: 121.94 0.00 12/14/2010 Office Supplies No 0000 121.94 11.70 0.00 12114/2010 Office plies 11_70 133.64 SACHSBER Sachs Bernard Reimb 12/0112010 72.00 0.00 12/14/2010 Employee Mileage Reimb.-Fire 301-420-2220-43310 Mileage Reimb Total: 72.00 SACHSBER Total: 72.00 No 0000 No 0000 SAMSCLUB Sam's Club 04871 11723/2010 42.72 0.00 12/14/7010 Bins For Uniform Storage -Fife No 0000 101-420-2220-44170 Uniforms 04871 Total: 42.72 SAMSCLUB Total: 42_72 SCHLOMKA Schiomka 11152 1 I/15/2010 200.00 0.00 12/14/2010 Pump Holdins. Tank -Public Works 0000 101-430-3100-440 I 0 Repairs/Maint Bldg 11152 Total: 200.00 SCHLOMKA Total: 200.00 SPRINGB Springbrook Software 0015880 09/0112010 4.425.33 0.00 12/14/2010 Annaul Accounting Software Support 101410-1450-43180 Information Technology/Web 2011 0015880 Total: 4,42533 SPRENGB Total: 4,425.33 STPAUL St Paul Stamp Works, Inc. 214498 11/24/2010 83.46 0.00 12/14/12010 Dog Licc-nses & Tags 101-420-2700 11300 Miscellaneous 214498 Total: 83.46 AP - To Bc Paid Proof List ((2/09/10 - 12:23 PM) No 0000 No 0000 Page 6 Invoice # Inv Date Amount Quataity Pmt Date Description Reference STPAUL Total: 83_46 V iSA-SL VISA 0791 12/09/2010 318.36 0.00 12/14/2010 lvTeals for Election Judges 101-410-1410-44300 Miscellaneous 0791 Total: 318.36 VISA-SL Total: 318.36 VISALE40 VISA 8040 11/30/2010 75.00 0.00 12/14/2010 Mn Fall Expo 3 Attendees@,25.00 101-430-3100 41370 Conferences & Training 8040 Total: 75.00 VISALE40 Total: 75.00 Task Type PO # Close POLine # No 0000 No 0000 XCEL Xcel Ener, 51-4504807-7 11/22/2010 42.10 0.00 12/14/2010 Legion Parks No 0000 101-450-5200-43810 Electric Utility 51-4504807-7 11122/2010 86.28 0.00 12/14,2010 Hudson Lift Station No 0000 602-495-945043810 Electric Utility 51-4504807-7 11/22/2010 27.89 0.00 12/14/2010 Traffic Signals No 0000 101-430-316043810 Street Lighting 51-4504807-7 To1a1: 156.27 51-4572945-7 11/2212010 28.62 0-00 12/1412010 Electricity - Street Lights No 0000 101-430-3160-43810 Street Lighting 51-4572945-7 Total: 28,62 51-4576456-3 31122/2010 499.31 0.00 12/14/2010 Gas & Electric - Fire Station 2 - No 0000 101-420-2220-43810 Electric Utility 51-4576456-3 Total: 499.31 51-4580376-5 11/22/2010 747.99 0.00 12/14/2010 Gas 8.z. Electric - Cityliall - No 0000 101-410-1940-43810 Electric Utility 514580376-5 11/22/20143 26.17 0.00 12114/2010 Electric Signal Lights No 0000 101-430-3160-43810 Street Lighting 51-4580376-5 Total: 774.16 51-4733556-8 11/22)2010 13.24 0.00 12/14/2010 Electric Tennis Court No 0000 101-450-5200-43810 Electric Utility 51-4733556-8 Total: 13.24 51-5044219-0 11122/2010 163.28 0.1/0 12/14/2010 Gas & Electric -Parks Bldg No 0000 101-450-5200-43810 Electric Utility 51-5044219-0 Total: 163.28 51-5275289-3 11/22/2010 1E23 0.00 12/14/2010 Gas & Electric -Pebble Park No 0000 101-450-5200-43810 Electric Utility 51-5275289-3 Total: 11.23 - To Be Paid Proof List (12/09/10 - 12:23 PM) Page 7 Invoice # Inv Date 51-5522332-2 I 1/221201 0- 101-430-3160-43810 Street Lighting 51-5522332-2 Total: 51-5747685-4 11/22/2010 101-450-5200-43810 Electric Utility 51-5747685-4 Total: 51-5916043-7 11/22/2010 602-495-9450-43810 Electric Utility 51-5916043-7 Total: 51-6429533-8 11/22/2010 602-495-9450-43810 Electric Utility 51-6429583-8 Total: 51-6433976-2 11122/2010 101-420-2220-43810 Electric Utility 51-6433976-2 Total: 51-6625457-1 1/22/2010 101450-5200-43810 Electric Utility 51-6625457-1 Toral: 51-6736544-2 1 I /22/2010 101-430-3160-43810 Street Lighting 51 -6736544-2 Total: 51-6928283-3 1;2212010 101-430-3160-43810 Street Lighting 51-6928283-3 Total: 51-6956201-4 1 1 /22,20 I 0 101-450-5200-4381(1 Electric Utility 51-6956201-4 Total: 51-7538112-1 11;22/2010 101-430-3100-43810 Electric Utility 53-7538112-1 Total: 51-8126093-5 I 1 /22/2010 601-494-9400-43810 Electric Utility 51-8126093-5 Total: 51-8711719-3 11/22/2010 101-430-3160-43810 Street Lighting 51-8711719-3 Total: XC EL Total: Amount Quantity Pint Date Description Reference Task Type PO it Close POLine # 36.03 0.00 12/14/2010 Electric Signal Lights - No 0000 36.03 115.08 0.00 12/1401110 Gas & Electric Arts Bldg - No 0000 11508 17.02 0.00 12/1 4r2o o Electric Lift Station 0000 17.02 14,36 0.00 12/1412010 Electric Lift Station No 0000 14.36 316.36 0.00 12/14;2010 GAs & Electric Fire Station I No 0000 316.36 116.21 0,00 12/14/2010 Electric Legion Park No 0000 116,21 1,83 1.08 0.00 12/14/2010 Street Lights 0000 1.331.08 24.85 0.00 12/14/2010 Electric - Signal Lid] t No 0000 24_85 4-6.18 0.00 12/14;2010 VFW Lights 0000 46.18 892.23 0.00 12/14/2010 Gas & Electric - Public Works 0000 89223 59.71 0.00 12/14/2010 Electric - Water Tower No 0000 59.71 10.19 0.00 12/14/2010 Hwy 5 Speed Sign No 0000 10,19 5,125.41 Report Total: 53,708.43 AP - To Be Paid Proof List (12109/10 - 12:23 PM) Page 8 AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: CONSENT ITEM # MOTION 12/14/10 3 As per of Consent Agenda Resolution No. 2010-074 D&T Trucking Terminal Interim Use Permit Renewal — 11530 Hudson Boulevard Kyle Klatt, Planning Director Bruce Messelt, City Administrato Planning Commission Kelli Matzek, City Planner SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider as part of tonight's Consent Agenda an application by Terry Emerson of EN Properties for the renewal of an Interim Use Permit related to the D&T Trucking tuck terminal facility located at 11530 Hudson Boulevard. Staffhas conducted an on -site review of the site with the applicant, and is recommending that the City grant a two-year renewal to allow the trucking terminal to continue operating on this location. Should the Council decide to approve the renewal request, an updated TUP agreement (attached) will reflect the new termination date. BACKGROUND INFORMATION: The Interim Use Permit for this property was originally approved by the Council on December 9, 2008 and was reviewed little more than a year after the approval date. At the time this permit was approved by the City, the City Code specified that an Interim Use could not exceed two years in duration; furthermore, this provision was incorporated into the Interim Use Agreement for the applicant's Interim Use Peimit. • Because the Interim Use Permit is not operating under circumstances that are different than originally described in the initial permit request, Staff will not be providing the Planning Commission and City Council with a new Staff report. Instead, the original report filed with the Council in December of 2008 is reprinted for review. Please note that although the City's regulations pertaining to Interim Uses has been updated since the applicant's permit was granted, the general findings and conclusions from the original report are still valid. The trucking terminal currently operating from 11530 Hudson Boulevard is allowed as an Interim Use subject to the standards for a non-agricultural low impact use. The trucking -- page 1 -- City Council Meeting D&T Trucking Interim Use Permit Renewal December 14th, 2010 Consent Agenda Item # 3 company has been in operation since early 2009. As part of its initial approval of the Interim Use Permit, the City Council specified that the permit be reviewed after a one-year interval of time. A review was completed by the Council in February of 2010 and no issues were identified that impacted the applicant's ability to continue operating on the site. The City's Interim Use Ordinance includes special requirements for the review of a renewal request that requires notification of the renewal be sent to surrounding property owners. If there are no objections to the interim use permit renewal expressed within 10 days of this notice, the City Council can approve the request by resolution. Should any objections be filed with the City, the permit must be reviewed as a new application. The 10 day comment period will end on December 13, 2010, which is the date scheduled for the public hearing. Staff has not received any comments to date, and will be preparing a resolution of approval for consideration by the City Council at its December 14, 2010 meeting. STAFF REPORT: Staff recently toured the site, reviewed the City's ordinances regarding interim uses and non-agricultural low impact uses, and examined the conditions included as part of the resolution approving the bus/trucking terminal operation, Based on this review, it appears that the use is in conformance with all applicable requirements. Staff would like to specifically note the following: Traffic: The non-agricultural low impact use standards specify that the daily vehicle trips from the site cannot exceed 6 trips per acre of agricultural land. Because the agricultural area owned by the applicant is 70 acres in size, the total number of vehicle trips cannot exceed 420 per day. The applicant has estimated that there are no more than 120 trips in and out of the site every day by trucks and employee vehicles. Staffs own observations during visits to the site since it began operations, in addition to daily trips along Manning Avenue, have supported this estimate. For example, during a visit to the site that lasted one-half of an hour on December 9th (mid -morning), Staff observed only three trucks entering and none leaving the site. Site Operation. The daily use of the site has not changed substantially from the way it was originally run as a bus garage. Although the semi -trailers being parked on the site are generally larger than the school buses that previously were stored and serviced here, the number of daily trips is substantially lower now than in the recent past. The overall site activities, including exterior storage, light maintenance/servicing of vehicles, and refueling are very similar to past activities, but with fewer vehicles and trips into and outside of the property. Landscaping. One of the conditions of approval stated "that additional screening be provided in all locations recommended by the City Forester in order to replace vegetation that has either died or been removed". The applicant did plant some additional trees on the site in early 2009, and replaced more trees in the fall of this year along the northern and eastern site boundaries, Given the replanting that has occurred since the Interim Use page 2 — City Council Meeting D&T Trucking Interim Use Permit Renewal December 14th, 2010 Consent Agenda Item ti 3 Permit was issued, the applicant has been demonstrating a clear intent to comply with the original landscape plan since the issuance of the Interim Use Permit There is a gap in the landscaping screen immediately north of the office/maintenance building on the property, but the Council has thus far allowed this gap to exist because it is in a potential expansion area for the facility. Since the condition of the trees and other landscaping on the site will vary over time, Staff is recommending that a landscaping maintenance clause continue to be included as a condition of the Interim Use Permit renewal and further evaluated as part of any future reviews or renewals. Interim Use Permit/Consent Agreement. The Interim Use provisions in the Zoning Ordinance (and the resolution of approval) require that an applicant for an interim use permit enter into a consent agreement with the City that clarifies the terms and requirements under which the interim use can operate. The City Attorney drafted an agreement for consideration by the Council last year, which was executed in early 2010. With the request for renewal, the City will need to consider and approve a revised consent agreement, which at a minimum, should reference the new termination date for the interim use. Please note that in accordance with the Planning Department's work plan for coming year, the City Council will be reviewing the future land use plan along the 1-94 corridor. This land use review will give the Council an additional opportunity to consider the interim use activity within the context of the larger 1-94 corridor plans before any further renewals are needed. The applicant's site is also one of the properties that could be impacted by the trunk sewer project, which would make sanitary sewer service available to this site earlier than would otherwise have been possible. In the short term, the potential sewer project should not have any immediate impacts on the operation of the interim use. The findings described in the 2008 Staff report are all still relevant and applicable to the current request; and therefore, these general findings will be referenced in the draft resolution of approval for the Interim Use Permit renewal. PLANNING COMMISSION REPORT: The Planning Commission will be meeting the night before the City Council considers this request; therefore, Staff will be presenting a verbal update to the Council concerning the Planning Commission's action and discussion. If there are no objections raised either before or during the Planning Commission meeting, the City Council will be able to take action on the draft resolution of approval included in the packet. Staff will discuss the appropriate review process with the Council should any objections be raised either before or during the Planning Commission meeting. RECOMMENDATION,: Based upon the above background information, Staff report, and Planning Commission recommendation (pending), it is recommended that the City Council -- page 3 -- City Council Meeting D&T Trucking Interim Use Permit Renewal December 14th, 2010 Consent Agenda Item # 3 renew the Interim Use Permit related to the D&T Trucking Terminal facility operating at 11530 Hudson Boulevard as part of tonight 's Consent Agenda. Alternatively, the City Council may consider tabling this item and direct Staff or the applicant to provide additional information concerning the request. Under the recently adopted revisions to the City Code concerning Interim Uses, there is now a 30-day grace period from the termination date before the permit expires if a renewal application is submitted before the deadline. The Council would have time to continue its discussion on this matter until its first January meeting before the permit expires. The Council may also consider denying the request for renewal, which should be followed by discussion with Staff to prepare and develop findings of fact to support such action. Finally, the Council may amend or modify the proposed IUP Agreement and/or enabling Resolution. The suggested motion to act on this is as follows: "Move to adopt Resolution No. 2010-074 granting a renewal for an Interim Use Permit to allow a bus/truck terminal at 11530 Hudson Boulevard and approving a revised consent agreement for the interim use renewal time period [as amended at tonight's meeting]." ATTACHMENTS: 1. Resolution No. 2010-074 2, Draft Consent Agreement (revised) 3. Application Form (renewal) 4. Legal Description 5. Application Update 6. Location Map 7. Staff Report — From 2008 8. Site Plan (submitted in 2008) SUGGESTED ORDER OF BUSINESS (if removed from the C Questions from Council to Staff ........... ..... ..... ...... Call for Motion ...... ...... ................. .............. ......... onsent A eenda): Mayor Facilitates .. Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates -- page 4 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2010-74 A RESOLUTION GRANTING A RENEWAL FOR AN INTERIM USE PERMIT TO ALLOW A BUS/TRUCK TREMINAL AT 11530 HUDSON BOULEVARD SOUTH AND APPROVING A REVISED CONSENT AGREEMENT FOR THE INTERIM USE RENEWAL TIME PERIOD WHEREAS, Terry Emerson, E & E Properties, 11530 Hudson Boulevard South, has submitted a request to renew an Interim Use Permit related to a non-agricultural low impact use at 11530 Hudson Boulevard South establishing a bus/truck terminal in a HD - A -BP zoning district. WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on November 10, 2008, and reviewed and recommended approval of the Interim Use Permit for a bus/truck terminal on the site based on the following findings: 1) That the applicant has demonstrated compliance with all of the standards for a non- agricultural low impact use; and 2) That the applicant has demonstrated compliance with all applicable City Code standards for the issuance of an interim use. WHEREAS, Section 154.019, Subd. (B, 5) of the City Code requires the applicant to enter into a consent agreement with the City the 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 December 1 and December 9, 2008 meetings and approved the Interim Use Permit and consent agreement at its December 9, 2008 meeting; WHEREAS, the Planning Commission held a Public Hearing on December 13, 2010, and reviewed and recommended approval of the renewal request concerning the Interim Use Permit for a bus/truck terminal on the site based on the findings that were included in the City original approval; and WHEREAS, the Lake Elmo City Council reviewed the renewal request concerning the Interim Use Permit request and revised consent agreement at its December 14, 2010 meeting; NOW, THERFORE, BE IT RESOLVED that the Lake Elmo City Council hereby approves the renewal of the Interim Use Permit at 11530 Hudson Boulevard South to establish a bus/truck terminal as a non-agricultural low impact use and authorizes the execution of the revised 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) That additional screening be provided in all locations recommended by the City Forester in order to replace vegetation that has either died or been removed. The intent of this condition is to provide for full screening of the interim use. 3) That the interim use will be valid for a period of 2 years from the date of the renewal of the Interim Use Permit (December 14, 2012). 4) That the interim use will terminate when any portion of the property is rezoned or when public sanitary sewer is provided to the site. This resolution was adopted by the City Council of the City of Lake Elmo on the 14th day of December 2010, by a vote of Ayes and Nays. Dean A. Johnston, Mayor ATTEST: Bruce Messelt, 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"); and E & E Properties, LLC, a Minnesota limited liability corporation ("Applicant"). 2.0 Recitals. A. Applicant is the record fee owner of the following described property situated in Lake Elmo, MN ("Property"): That part of the South Half of the Southeast Quarter of Section 36, Township 29 North, Range 21 West, Washington County, Minnesota lying easterly of the West 33.00 feet (2 rods) thereof, EXCEPT that part designated as Parcel 44 on Minnesota Department of Transportation Right of Way Plat No. 82-35, State Project No. 8292 (94-392) 904, recorded as Document No. 424557 in the office of the County recorder, Washington County, Minnesota. Subject to highway easements in favor of Washington County described in Book 258 of Deeds, page 91 and Book 309 of Deeds, page 831, of record, and on file in said office of the County Recorder. Also, subject to highway easements in favor of the State of Minnesota as described in Book 109 of Deeds, page 622, Book 109 of Deeds, page 638, and Book 220 of Deeds, page 11, of record and on file in said office of the County Recorder. B. The Property is zoned HD -A -BP. C. Interim uses are allowed in the HD -A -BP zoning district subject to the regulations contained in Lake Elmo City Code Section 154.019. D. Applicant has requested that the City allow a portion of the Property to be used as a bus/truck terminal as illustrated on the Site Plan attached as Exhibit A (Site Plan): E. On the 30th day of October 2008, Applicant submitted a completed application for an Interim Use Permit. F. On the 10th day of November, 2008, 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 bus/truck terminal use subject to certain conditions. G. On the 1st day of December, 2008, and on the 9th day of December, 2008, 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 2008-056 approving the interim use permit. H. On the 2nd day of February, 2010, the Lake Elmo City Council completed a one-year review of the interim use permit and authorized the Mayor to execute a consent agreement with the Applicant. I. On December 14, 2010 the Lake Elmo City Council approved a request to renew the Interim Use Permit for an additional two years, and authorized the Mayor to execute a consent agreement with the Applicant that includes the new termination date. 3.0 Terms and Conditions. The Lake Elmo City Council hereby authorizes and Applicant, for itself, and its successors and assigns, agree that the interim bus/truck terminal 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. 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. C. The interim use shall be located on that portion of the Applicant's Property illustrated on the Site Plan. The remainder of Applicant's Property shall continue to be used for agricultural purposes. D. Applicant shall replace any trees that have died or been removed from the site in order to maintain the site landscaping as depicted on the original Site Plan for the property. E. The Interim Use Permit is valid until the first occurring following event: 1. For two (2) years from the date of the renewal of the Interim Use Permit (December 14, 2012); 2. Until a violation of the conditions of this Consent Agreement; 2 Until a change in the City's zoning regulations, which renders the interim use non -conforming; or 4. Until the redevelopment of the Property for a permitted or conditional use as allowed by the City's zoning regulations. 4.0 Rescission of the Conditional Use. The Conditional Use Permit, which was previously issued for the Property has been rescinded and replaced by this Consent Agreement/Interim Use Permit. 5.0 Acknowledaement and Consent. Applicant acknowledges that this is a legally binding agreement and that Applicant has had an opportunity to review the Agreement with legal counsel. Applicant consents to the terms of this Agreement and its restrictions on the use of the Property and the Interim Use Area. 6.0 Effective Date, This Consent Agreement/Interim Use Permit shall be effective upon execution by all parties. Date: 12/9/10 CITY OF LAKE ELMO By: Dean Johnston Mayor E and E Properties, LLC By: Its: Terry Emerson SALand Use\Interim Use111530 Hudson Blvd MInterim Use Agreement Renewal 12-14-10.doc RE City of Lake Elmo DEVELOPMENT APPLICATION FORM Comprehensive Plan Amendment 0 Zoning District Amendment n Text Amendment 0 Flood Plain C.U.P. Conditional Use Permit 111 Conditional Use Permit (C.U.P.) APPLICANT: cie„N Variance * (See below) Minor Subdivision Lot Line Adjustment 0 Residential Subdivision Sketch/Concept Plan El Site & Building Plan Review 220-$1 (Mailing Address) TELEPHONES: 777-fr 2_ :4_51-..605-5-- 6-12 - FEE OWNER: TELEPHONES: (Home) (Moblle) AoiyA, (Mailing Address) r->C0-117-,e (Work) (Mobile) (Home) PROPERTY LOCATION (Address and Complete (Long) Legal Desoripti DETAILED REASON FOR REQUEST: n DEC 2(31Uee C!TY C• Preliminary/Final Plat O 01 — 10 Lots O 11 — 20 Lots O 21 Lots or More 11 Excavating & Grading Permit ppeal PUD hAr) ase z AtA" .41.) °YZ (Zip) Qs3 (Fax) ,S-50 (Zip) *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, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additioraapplication expense, 1 /22/2004 /42 fr/C) Date Signature of Applicant Date City of Lake Elmo • 3100 Laverne Avenue North • Lake Elmo • 55042 • 651-777-5510 • Fax 651-777-9615 That part of the South Half of the Southeast Quarter of Section 36, Township 29 North, Range 21 Wesi, Washington County, Minnesota Hag easterly of the West 33.00 feet (2 rods) thereof, EXCEPT that part designated as Parcel 44 on Minnesota Department of Transportation.Right of Way Plar No. 82-35, State Project No. 8292 (94-392)904, recorded as Document No. 424557 in the office of the County Recorder, Washington County, Minnesota. Subject to highway easements in favor of Washington County as described in Book 258'of Deeds, page 91, and Book 309 of Deeds, page 831, of record, and on file in said office of the County- Recorder. Also, subject CO highway easements in favor of the State of Minnesota as described in Book 109 of Deeds, page 622, Book 109 of Deeds, page 638, arid Book 220 of Deeds, page 11, of record and on Ede in said office of the County Recorder. December 2, 2010 City of Lake Elmo, For the past two years E&E Properties has leased its' building/yard to D&T Trucking. They have been excellent tenants. I have not received one complaint in regards to their operation from the surrounding land owners or the City of Lake Elmo. D&T currently is operating at less than previously submitted trip calculations. They are hopeful and project business to pick up. They do not anticipate surpassing the estimated totals submitted originally. Heins Nursery has replaced 3 trees that had died this year. I believe that 1 have met all requirements the City had asked of me. City of Lake Elmo Planning Department Interim Use Permit Request: Non -Agricultural Low Impact Use To: City Council From: Kyle Klatt, Planning Director Meeting Date: 12/1/08 Applicant: Terry Emerson, E & E Properties, LLC Owner: E & E Properties, LLC Location: 11530 Hudson Boulevard South Zoning: HD -A -BP (Agricultural District Holding Zone) Introductory Information Requested The applicant has submitted request for an Interim Use Permit to establish a Permit: Bus/Truck Terminal facility as a non-agricultural low impact use at 11530 Hudson Blvd. S. in Lake Elmo. This application was submitted concurrently with a request to amend the Zoning Ordinance to specifically allow the proposed interim use. For the purpose of this review, it is assumed that the amendment will be approved by the City Council, If it is not, the application for an interim use will be invalid. Application The requested interim use would allow a bus/truck teiminal to be established on this Summary: propel ty as a non-agricultural low impact use. The site has previously been used as a school bus garage and office; however, the bus company did not renew it lease with the property owner for this past year and the previously approved Conditional Use Permit for this particular activity is no longer valid. In the interests of finding a suitable use for the old garage building and parking area, the applicant is proposing bring a truck terminal and storage operation on to this site. The attached application proposal, with the October 30, 2008 update, provides information about the trucking operation that is proposed fort his site. Details include the following: Name of company: D & T Trucking Type of business: Regional and long haul trucking On -Site Activity: Trailer storage, dispatching, minor repair and maintenance, fueling station Materials transported: Light refrigerated and dry goods Daily Trips: 120 trips per day Truck traffic: 20-25 per day/40 per day peak interim Use Permit,' E&E.: qierties/lindson Blvd Ciry Council Report: 12- i Truck Traffic Origin: Primarily outstate, all traffic coming to the site will originate from the interstate highway Employees: 17 office, 3 mechanics Hours of operation: 6:00 am to 6:00 pm, limited truck access after 6:00 pm Zoning Classification: Bus/Truck Terminal under the Non-agricultural low impact use standards The applicant has not proposed any changes to the site plan that has previously been approved by the City for the bus garage, and will make use of the existing building, driveway,. and parking areas that were used formerly by the bus company. A fueling station will be included as part of the site plan in the same location as a similar facility that served the bus garage. Applicable Section 154.033, Subd. (F) Non-agricultural low impact use standards Codes: This section is referenced in the HD -A -BP zoning district to determine the standards for non-agricultural low impact uses within the holding zone. Section 154.034 HD -A -BP - AGRICULTURAL BUSINESS PARK HOLDING DISTRICT (as amended) Specifies that a bus/truck terminal is allowed as an interim use under the requirements for a non-agricultural low impact use. Section 11.02 Definitions (as amended) NON-AGRICULTURAL LOW IMPACT. The outdoor storage of off -road mobile construction equipment of any weight; the indoor storage of the aforementioned items and other goods and materials which, in the determination of the City Council, do not jeopardize the health, safety, or welfare of the city; nature farms; agricultural museums; farmer's markets; small engine repair shops; contractor maintenance shops; or office space as an accessory use to the aforementioned uses. TERMINAL, BUS/TRUCK. An area and building where buses, trucks, and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed. Findings & General Site Overview Site Data: Lot Size: 70 acres (excludes road right-of-way) Existing Use: Agriculture/Vacant school bus garage Existing Zoning: HD -A -BP: Agriculture District Holding Zone Property Identification Number (PID): 36-029-21-43-0001 .1.'130 11,,,KAo,, Blvd ,4,:'-/ir)c.,1! crunic),s,m, Pcge inics?rint Uve l'ermit; E&EPropenies/Hudson City Council R(porr: 12-.1-(J8 Although this site is less than 70 acres once road right-of-way and road easements are deducted from the total land, all previous reviews for non-agricultural low impact uses on the site have used the net total of 70 acres for purposes of determining compliance with the standards. This is the amount used in the current review to maintain consistency with past decisions on the property, Application Review: Permit Under the present ordinance, the storage or maintenance of semi -trailer trucks is not Review: permitted as a non-agricultural low impact use based on the definition that excludes such uses. Should the ordinance be amended in accordance with the request submitted by the applicant, a trucking terminal would be permitted as an interim use in the HD - A -BP district subject to the same requirements for non-agricultural low impact uses. A review of the current request compared to these standards is as follows: a) All of the property owner's real estate that is contiguous to the non- agricultural low impact use must be zoned Agricultural and remain so zoned while the conditional use permit is in effect. Because this use is classified as an interim use under the HD -A -BP district, any rezoning of the property would terminate the property owner's ability to continue operation of the use. b) The area where the non-agricultural low impact use is located shall be legally defined as approved by the city and is hereafter known as the "Non- Ag Area." The Non-Ag Area shall not exceed 4% of the property owner's contiguous agricultural zone gross lot area. The buildingfootprints and asphalt and concrete surfaces within the Non-Ag Area shall not exceed 1.5% of the property owner's contiguous agricultural zone gross lot area. Landscaping, berms, ponds, gravel driveways, and other improvements that would otherwise be permitted in the Agricultural zone may be located outside of the Non-Ag Area. The HD -A -BP interim use requirements follow these standards, but allow the "Non-Ag" area to be a maximum of 5% of the gross lot area. Of the applicant's 70 acres, 3.5 acres may be devoted to the "Non- Ag" portion of the site. The total area that is currently devoted to the non- agricultural activities is slightly less than 3.3 acres. With no changes proposed to the parking areas, driveways, or buildings, the applicant will be able to meet this requirement. A review of the building footprint and asphalticoncrete surfaces on the applicant's site plan shows that building is 15,360 square feet in size and the other asphalt and concrete surfaces total 9,500 square feet which is 0.8% of the continuous agricultural gross lot area. The total area for these surfaces fall under the maximum_ permitted by this section. c) Non-agricultural low impact uses shall only be allowed on a parcel of a nominal 40 acres or larger. The applicant's parcel is 70 acres in size and therefore meets this standard. d) Non-agricultural low impact uses shall not generate more than 3 trips per UseV;uc,rm. 1 1330 tfu,iNon Blur/ Ak1/3(v1 170; to'Vr1,1 11'— , 3 interim UR'. Permit; E&E Pmporties/Thrtlsolt Blvd City Council 16.,port: 12- I -OS day per acre of contiguous agriculturally zoned area, with the exception of land, with sole access to Hudson Boulevard that shall not generate more than 6 trips per day per acre. Since the applicant's property has frontage along Hudson Boulevard, he is allowed to have 6 trips per day per acre for a maximum of 420 vehicle trips per day. The description for the trucking operation indicates that there will be a total of 60 vehicles accessing the site everyday for a net total of 120 vehicle trips per day. The applicant has also stated that there is potential for additional truck traffic during peak times which would push the total vehicle trips closer to 200 per day. Even factoring in additional trips by employees working in the office, the total trips under the proposal presented will be well under the maximum for the site. The estimates for the bus garage, in comparison, showed that there had been 328 vehicle trips each day on this site, The proposed truck terminal should generate a fewer number of vehicle trips based on this and fall within the required limits prescribed by the Ordinance. e) Any uses under this section involving the outside storage of vehicles, equipment, or goods shall be located a minimum of 200 ftet from any public roadway or adjacent landowner's boundary, except that the setback from the I-94 frontage road shall be not less than 50 feet. In addition, any such outside storage shall be screened from view from adjacent property and the public roadway by berms and landscaping. A plan for such screening Mall be submitted with the application for the conditional use permit which shall clearly demonstrate by view cross -sections that said screening will be effective immediately, and in all seasons. Degradation of such screening by loss of landscape materials, outdoor storage of items that exceed the screened height or for any other reason shall be grounds for rescinding the outdoor storage portion of the conditional use permit. The current parking areas are located at or beyond 50 feet from the Hudson Boulevard right-of- way, an the building is set back a distance of 100 feet. A landscape berm with plantings has been provided around the perimeter of the site and provides an effective screen from the adjacent property and roads. There are a few areas within this screening area where plants have recently died; there plants should be replaced to fill in any screening holes as a condition of approval for the interim use. As the berm and screening is presently in place, Staff has not recommended that the applicant be required to submit a cross section diagram. With no changes proposed to the current site the applicant will be able to meet this condition. 0 Non-agricultural low impact uses may not generate more than 3.0 SAC units per 3.5 acres or 235 gallons per day per net acre of land based upon design capacity offacilities, whichever is more restrictive, Based on the past use of this property, the proposed truck terminal should not generate any additional impact than the bus garage. The usage by the site will need to be monitored to ensure that the total limit established by this provision is not exceeded. The property owner shall maintain the remaining land or farm outside of the g) S:' Land ltticrin, I., ,15 3f) ! trawlJJ el )n:fe/ /:p1Hf eminorso ft ;r1R;I: oor .latc.q-irn Use Perinit,'' E&E .Properiies/ vd Council ItiTori: 12-.1 CUP Area in accordance with the permitted uses of the Agricultural zoning district and the required practices of the Soil and Water Conservation District. There are no changes proposed with the applicant's request. h) All lighting shall comply with the city's regulations. No changes to the current lighting situation is proposed; any such changes would need to be approved after submission of a revised lighting plan for the property. All signs shall comply with the city's regulations. The business owner will need to secure the proper sign permits before installing any new signage on the property. Rate and volume of runofffrom from the CUP shall not exceed the I% rule and shall be verified by the City Engineer, Because there are no site changes proposed under the applicant's proposal, the City Engineer was not asked to revisit the storm water calculations submitted with past proposals on the property, There is a storm water pond on the site that should continue to function the way it was originally designed. k) In the event that the property owner, or future property owner, initiates a Comprehensive Plan amendment and rezoning of any or all of the contiguous real estate from Agriculture to a more intensive use, the conditional use permit shall terminate and all non -conforming structures shall be removed from the site within 1 year from the date of the City Council's adoption of the Comprehensive Plan amendment and rezoning, unless the city agrees otherwise. This section shall not apply if the city initiates rezoning or if property owner is forced to transfer title to any part of the contiguous real estate due to eminent domain. The City's interim use requirements are somewhat different than this section in that an interim use will terminate if any of the following occur: 1) the date stated in the permit; 2) upon violation of conditions under which the permit was issued; 3) upon change in the city's zoning regulations which renders the use nonconforming; or 4) the redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. Because this use is classified as an interim use under the HD -A -BP regulations, the interim standards should be applied to this particular use, The major differences between these two sections are that the property owner is not given one year to remove the business when the comprehensive plan or zoning is changed for the site and the City may initiate a rezoning that requires the removal of the business. 1) Non-agricultural low impact uses may not include the parking or storage of semi -trailer trucks or a Bus/Truck Terminal except as otherwise permitted as an Interim' Use in the HD -A -BP zoning district. As a interim use in the HD - A -BP district the applicant is permitted to request a truck terminal. m) All conditional use permits granted to a non-agricultural low impact use shall be reviewed on an annual basis, and may be rescinded, after a 2-week notice and a public hearing, if the Council finds that the public health, amI ! 53f) I (.c iyo"; 101y1 IV..roq lid 1 Repo:7 eilOricrvo :ruck terr nal I :-.1..08.doc interim Use Permit: Ectig; Pr( )erriessl Blvd City Council Report: 12-1-08 safety, or welfare is jeopardized. As an interim use, the property will be subject to the violation and termination requirements for interim uses. n) The standards for buildings or structures, as listed in the minimum district requirements of the Agricultural Zone, shall not apply to structures built prior to the effective date of this chapter. This section is not applicable to the current request. The City Engineer was asked to perform a traffic review for the proposed business and noted that the proposed traffic that will be generated by the proposed business falls well below the threshold for a MnDOT traffic impact study. The most significant area of concern indentified in this report is the turning movements on and off of Manning Avenue. Additional study of these intersections is encouraged as part of the City's ongoing transportation planning efforts. Permit Staff is recommending approval of the request for an interim use permit primarily Review: because the proposed use is not intended to have any additional impacts beyond the former use of the property, and in some instances, should reduce the overall impacts that can be observed. The most significant change from the previous operation on this site is the size of the vehicles that will be stored on the site. Given its close proximately to an interstate highway; however, this area seems well -suited for the traffic that is anticipated compared to other portions of the City. The bus garage also generated a fair amount of additional traffic (beyond normal bus routes) since it was located in the extreme southern portion of the City. The truck terminal is anticipated to produce very little traffic outside of the immediate connecting roads to Highway 94. In reviewing the standards for granting an interim use, Staff has made the following findings: 1) The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. This criterion is met. 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. Although the truck terminal will produce noise and other impacts associated with the entering and existing of semi -trailer trucks, its isolated location and close proximately to a major interstate corridor will help the use remain compatible with the surrounding land uses until such time the zoning regulations change on the property. Given the restrictions on the size and net traffic generated by the use under the non-agricultural low impact use provisions, the impact to adjacent properties will be minimal. This criterion is met. 3) The use will not adversely impact implementation of the Comprehensive Plan. The improvements occupy a minor percentage of the overall parcel and may not be expanded beyond the current limits. This criterion is met. 4) The date or event that will terminate the use is identified with certainty. The applicant has specified in the application materials that the use will terminate (..,.(!Jorf'71117 1SC-11530 fliftl%,e1til?ivd MCoinrcil emmerNmi ii„,,,771inal I '- !(Jo; htpe Interim Use Permit: K&L' Proper !sit/lir/von Blvd City Council Report; 12-1-ON interim Use Permit Conclusions: once the property is sold or developed under future zoning. Staff is recommending that the termination date be set at either 1) when the property is rezoned or 2) at such time that sewer service is provided to the site. Either of these actions will be required before the property may be redeveloped into some other use. With the proposed change in language stafffinds that this criterion is met. 5) The applicant has signed a consent agreement agreeing that the applicant, owner, operator, tenant and/or user has no entitlement to future reapproval of the interim use permit as well as agreeing 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. A consent agreement will need to be approved by the City Council as a condition of approval. 6) The user agrees to all conditions that the City Council deems appropriate for permission of the use including the requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. This item can also be addressed as part of a consent agreement with the City. 7) There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel. This criterion is met. 8) The teen of the interim use does not exceed 2 years. The interim use permit will need to be revisited by the City in two years. Based on a review of the applicable code sections, Staff is recommending that the Planning Commission recommend approval of the interim use permit based on the following: 1) That the applicant has demonstrated compliance with all of the standards for a non-agricultural low impact use; and 2) That the applicant has demonstrated compliance with all applicable City Code standards for the issuance of an interim use. Staff is further recommending that the following conditions be included with this recommendation: 1) That the applicant enters into a consent agreement with the City in accordance with Section 154.019, Subd. (B, 5) of the City Code. 2) That additional screening be provided in all locations recommended by the City Forester in order to replace vegetation that has either died or been removed. The intent of this condition is to provide for full screening of the interim use. 3) That the interim use is valid for a period of two years and must be renewed by the City Council prior to the end of this time period in order to continue operating from the site. Ss!1 And U.;e'lfticrim 7 7,c 7 1.:36 1-hict%(»? Blvd euuncrsoll P1.0; teir a! 2-1-(Wrioc Interim Uce Perm?1,- E&E Propertiesjhui,von B/vd ci;.' Council Repoli: I 2-1-(j,k Other Options: Resident Concerns: Additional Information: Conclusion: Council Options: 4) That the interim use will terminate when any portion of the property is rezoned or when public sanitary sewer is provided to the site, 5) That the interim use permit commence upon the effective date of the applicant's current request to amend the non-agricultural low impact use sections of the City Code. The City Council may consider denying the request for an interim use provided it can demonstrate that the applicant has failed to comply standards of the non-agricultural low impact use provisions or the interim use ordinance. These requirements are detailed in the preceding sections of this report, Examples of information that would support a recommendation for denial include: that the use will generate more vehicle trips per day than allowed as a non- agricultural low impact use, that the interim use will adversely impact the implementation of the Comprehensive Plan This list is not intended as an exclusive recording of all possible findings that could be made and should be used as an example to formulate findings that are not in or differ from the Staff report. There have been no letters or other comments submitted to the City in advance of the public hearing on this matter, Neither the watershed district nor the DNR provided comment in opposition to the proposed interim use permit. The Minnesota Department of Transportation has submitted comments and found the site plan to be acceptable. Terry Emerson of E&E Properties, LLC has submitted request for a Interim Use Permit to establish a Bus/Truck Terminal facility as a non-agricultural low impact use at 11530 Hudson Blvd. S. in Lake Elmo, The City Council has the following options: A) Recommend approval of the interim use permit request; B) Recommend denial of the interim use permit request. The 60-day review period for this application will end on 12/30/08 and may be extended an additional 60 days if more time is needed for the City's review of this it11rrlin / 1/1, (1.'011 Bil'a Al(7c) HIM ILTSLIn f.."/, 1 (ITV Ma? 1 Page: interim UsY! Pcrtnit E&E PropertiesThrudson Blvd City Council Report: 1 2-.14M application. Planning The Planning Commission is recommending approval of the interim use permit for Commission a Interim Use Permit to establish a Bus/Truck Terminal facility as a non-agricultural Rec: low impact use at 11530 Hudson Blvd. S. in Lake Elmo based on the following: 1) That the applicant has demonstrated compliance with all of the standards for a non-agricultural low impact use; and 2) That the applicant has demonstrated compliance with all applicable City Code standards for the issuance of an interim use. Denial To deny the request, you may use the following motion as a guide: Motion Template: I move to deny the requested interim use permit based on the following findings...(please site reasons for the recommendation) Approval To approve the request, you may use the following motion as a guide: Motion Template: I move to approve the requested interim use permit based on the following findings...(use staff's findings provided above or cite your own) cc: Terry Emerson, E&E Properties, LLC I 1530 fhtdcon IV' Ilei / Repori Page 9 SCALE: Ineh - 25 'Feet inv. Elev. ROLM / 1 � r ( I / I I / I ! 472.59 I rn 1 I" ,,r rrr/rlrrrr/r// r rr• ..... r/ rr r/ r rr _ �r / — •, 80X€60 ,.,�.. �•. , Moro lenonee .. r r/ ° ! Buildingr/ I r Flaw Elevation 904.0 r / •/ •/ ^:1 r •r •/ • / rrrrr//rrr rrr'/ rr 32 x 84 ///r/ Pr Green Area s's'-591 Fen T-11/I cCraEA U SEC- s . 12914, L121N f-Yoe I I Cal Poi fiin� { tr 80 a EGLm+inws..�... Perking Area 1 .-.; -. „, j ' 36.00 i-(9x 2A) ar ?"w!Iin9 SITE PLAN Bus Storage Site E & E PROPERTIES, LLC PARCEL 44 TRUNK HIGHWAY 12 -- 1-94 TOTAL AREA OF PARCEL = 70 ACRES (PARCEL ID f36.629.2'.43.0001) IMPERVIOUS SURFACE = 0.64 ACRES = 0.9% SITE AREA = 2.76 ACRES = 3.94% a Pond (Sized for 1% ROW 7.5 To East Cross —Section Depicting Line Of Site From Pr as tYea - e0 b•e, horionrd - IL Iref ..-Ou' 0 A Folz, Freeman, Dupay & Associates, Inc. hill LAND SURtrc 0HG • L..AND PLANNING %WESTERN A00 •SWAM M+160fA S5m2 (6{2) 439-0033 VICINITY MAP SEC. 36 T29N, Raiff Parking Soares 72 Oozes 48 Cora •2 Nondicop Cars P Von (Inside) South To North Cross --Section Depicting Typical Line Of Site Across Gravel Area 1 Mee N OP Net t inch -Is bet A 100 t.a 200 ?50 300 LEGEND 350 400 450 Elevations Ara Based On N.G.V.O. -^ 1929 Ad) '"`Donates Ezisffng Contour, X(90J.5)Denolea Proposed Spot Elevenaa, Drainage Direction Erergrea, Tree Ptopoced Deciduous Tree Denotes d Receptacle Outlet Box [7 Denotes 2 Recap icicle Outlet Doe k3Mwd 5-26-02 .- Add a bct 1'= Add sdilikod Wow l ! IsERE 9Y Q7neY MA2 q ir5£Y OR PrIAW WAS PROWESS 8Y 8E OR 1*0*0 UY PNEts SttpERN9at Alit) I AU A OWLS I535*0 LAND SUOACCOa tee THE LAN OF IVE 504E CoWIROSOYA No. Op-726 0 50 100 .1G CITY OF LAKE ELMO MAYOR 8c COVENCIL, DPANU V ATIQN DATE: 12/14/2010 CONSENT ITEM #: 4 MOTION As part of Consent Agenda AGENDA ITEM: Keats Avenue Welcome Monument - Budget Adjustment #1 SUBMITTED BY: Ryan Stempski, City Engineer THROUGH: Bruce A. Messelt, City Administrator REVIEWED BY: Tom Bouthilet, Finance Director SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to act upon Budget Adjustment 2010-007; a proposed action to complete the authorized Keats Avenue Welcome Monument, as recommended by City Staff, No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: In September 2010, the City Council approved the relocation and construction, of a new Welcome sign, in partnership with the Lake Elmo Rotary Club and 3M Corporation. The new location, on Keats Avenue, was selected after initial efforts to locate the Welcome sign on the new Jamica Roundabout were rejected by MNDOT and Washington County. It is anticipated that the new Welcome Monument will be a major element of future I-94 public facilities and will provide Lake Elmo, 3M and Rotary with significant marketing and publication opportunities. The City Council also endorsed reconfiguration of the initial design from a simple sign the monument, to better match the current Welcome Monument located on MN Highway 5 entering downtown Lake Elmo. It was determined at that time that future Welcome Signs, using the innovative 3M technology, could be pole mounted to meet MNDOT standards without construction of a more permanent monument structure. STAFF REPORT: City staff has been working with the Lake Elmo Rotary Club and 3M for 12+ months to design and construct a Welcome Sign (now Welcome Monument) utilizing innovative 3M backlit retro-reflective technology. Lake Elmo Rotary has donated $2,000 to the project and 3M has donated its time and materials in construction of the actual LED light mat, the graphics underlayment, the retro-reflective lens, and the protective outer layers. As previously relayed to Council, relocation of the Welcome Monument has necessitated additional costs and effort to secure proper right-of-way from Washington County and electrical -- page 1 -- City Council Meeting Keats Ave Welcome Monument - Budget Adjustment December 14th, 2010 Consent Agenda Item # 4 connection from Xcel Energy. The latter has been particularly problematic, as additional distribution infrastructure must be installed to the new location, In addition, switching from simple sign to monument has necessitated additional design and construction of a base • foundation, holding stone pylons and a lens box. FISCAL CONSIDERATIONS: At the time of Council direction, City staff was directed to investigate funding options for completion of the project. Xcel Energy has been approached for both a partnering grant and for consideration of cost-cutting options (such as not requiring a separate electrical meter) to cover additional electrical costs. However, at this time, no final answer has been received regarding the request. To address additional costs to construct a monument, City staff explored both the utilization of Parks Funds and Capital Fund reserves. As designating this area to qualify for use of Park Funds may be both cumbersome and time consuming, it is recommended, at this time, that Capital Fund reserves be utilized for an amount not to exceed $10,000. This will allow the project to continue while final donations are secured from Xcel and perhaps others. Also of note, the City does have the authority to impose a franchise fee on Xcel at this time and could designate such revenues for case -specific improvements which are impacted by Xcel costs and/or policies (such as downtown lighting improvements). RECOMMENDATION: Based upon the above background information, staff report and previous direction of the City Council, it is recommended that the City Council approve as part of tonight's Consent Agenda the proposed Budget Adjustment for the new Keats Avenue Welcome Monument. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss, deliberate and, 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 approve the proposed Budget Adjustment for the Keats Ave. Welcome Monument, as presented [and modified/amended] at tonight's meeting." ATTACHMENTS: Budget Adjustment 2010-007 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Azenda): Questions from Council to Staff Mayor Facilitates Call for Motion ..... . .......................... ..... .................... Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates -- page 2 — BUDGET ADJUSTMENT - 2010 DATE: December 14th, 2010 ACTIVITY # 2010-007 DESCRIPTION: CIP Programming Adjustment for Keats Ave Welcome Monument TYPE OF ACTIVITY: TRANSFER OF FUNDS FROM ACCOUNT # NAME C TO ACCOUNT # NAME PURPOSE: BUDGET ADJUSTMENT/DESIGNATION AMOUNT: AMOUNT: FROM ACCOUNT # 410-480-8000-45300 NAME: Capital Improvement AMOUNT: $10,000 PURPOSE: Keats Ave Welcome Monument - Budget Adjustment #1 DESIGNATION/NEW ACCOUNT #: Keats Ave Welcome Monument OTHER FROM ACCOUNT # PURPOSE: City Approval: NAME: AMOUNT: Honorable Dean Johnston, Mayor Bruce Messelt, Administrator (on Behalf of City Council) (Attest) CITY OF LAKE ELMO AYOF? & COUNCIL COMMUNICATION DATE: REGULAR ITEM #: DISCUSSION AGENDA ITEM: Discussion of Administrative Items SUBMITTED BY: City Administrative Staff THROUGH: Bruce A, Messelt, City Administrato REVIEWED BY: - NA - 12/14/2010 5 SUMMARY AND ACTION REOUESTED: It is respectfully requested that the Mayor and City Council Members receive a brief presentation on key administrative planning considerations, discuss these items, and them provide direction to City staff on how to proceed, as appropriate. BACKGROUND INFORMATION: As the City prepares for implementation of the 2011 Budget and programs, certain Council direction with respect to scheduling and implementation of key administrative processes and procedures is requested. While much progress was made in 2010 in establishing such administrative procedures, additional effort will be required in 2011 to continue making needed and desired improvements. STAFF REPORT: The following are some of the key Administrative Items for which City Council direction will be requested: • Designation of Interim "Agent of Record" for Health Care Representation • Review of Procedures and Calendar for Renewal of City Contracts • Setting of preliminary dates for City Council Retreat and Strategic Planning Session • Discussion of 2011 "Opportunity Budget" Priorities FINANCIAL/LEGAL/OTHER CONSIDERATIONS: At this time, no requested Council discussion at tonight's meeting is anticipated to generate immediate financial, legal or other considerations. However, specific Council direction emanating from this discussion may have -- page 1 -- City Council Meeting Discussion of Administrative Items December 14th, 2010 Regular Agenda Item # 5 certain additional considerations, such as direction to prepare the Strategic Planning/Council Retreat (reserving location, etc.). ATTACHMENTS: None. Some additional background material is being prepared/compiled for City Council review on these items and will be transmitted prior to or at this evening's discussion. SUGGESTED ORDER OF BUSINESS: Introduction & Report ...... .. ...... ................................ Questions from Council to Staff ......,...... City Administrator Mayor Facilitates Public Input, if Appropriate .... ........ , ........... . ..... ....... Discussion... ......... . ..... . ........ . ........... ....... ........ ......... Direction to Staff......................... ..... ...... ...... ............ ............... Mayor Facilitates Mayor & Council Members ..,............ Mayor Facilitates -- page 2 -- cfroOF LAKE EL Q A (OR & COUNCIL COMMUNICATION DATE: 12/14/2010 REGULAR ITEM #: 6 EXECUTIVE SESSION AGENDA ITEM: Executive Session Regarding Discussion of Legal Issues and Strategies Relating to Groundwater Contamination SUBMITTED BY: Dave Snyder, City Attorney THROUGH: Bruce A. Messelt, City Administra o REVIEWED BY: City Engineer SUMMARY AND ACTION REQUESTED: This Executive Session has been scheduled at the request of the City Attorney and City Staff in order to allow the City Council to discuss with the Attorneys and staff legal issues and strategies relating to Groundwater Contamination. Pursuant to Minn. Stat. § 13D.05, subd 3(b) governing Attorney -Client Privilege, it is recommended that the City Council entertain the following motion to enter into Executive Session: SUGGESTED "Move to Adjourn to a Closed Meeting Regarding: Legal Issues and MOTION: Strategies relating to Groundwater Contamination" BACKGROUND INFORMATION: At the recommendation of the City Attorney and City Staff, tonight's Closed Meeting will bring the City Council up to speed regarding legal issues and strategies related to this topic. STAFF REPORT: City staff will provide its report in Closed Session. Once a Closed Session is called, City staff will secure the facility and ensure all recording devices are turned off. RECOMMENDATION: It is recommended the City Council enter into Executive Session to discuss tonight's topic. The recommended motion on tonight's agenda is as follows: "Move to Adjourn to a Closed Meeting Regarding: Legal Issues and Strategies to Groundwater Contamination" -- page 1 -- City Council Meeting Executive Session Regarding Discussion of Legal Issues and Strategies December 14th, 2010 Regular Agenda Item # 6 Following completion of the Executive Session, the City Attorney will publically summarize the actions and deliberations of the Council. If appropriate, the City Council should then entertain the following motion: "Move to direct the City Attorney, Special Counsel and City staff to proceed as directed in Executive Session." Alternatively, the City Council does have the authority to not take action or to table this item at its discretion for future consideration, thus taking no action tonight. ATTACHMENTS: None SUGGESTED ORDER OF BUSINESS: Introduction of Item ................ ........... . ............. ................... .......... ....... ..... Mayor Description of Legal Basis for Executive Session.................. ...... City Attorney Call for Motion for Closed Meeting . ............... „ ......... ............ Mayor Facilitates Discussion Mayor & City Council Action on Motion ........... ..... ....,...... ....... ........... ........ ............... Mayor Facilitates Closed Meeting Mayor Facilitates Reconvene in Open Meeting Mayor Facilitates Description of Executive Session City Attorney Call for Motion, if Appropriate Mayor & City Council Discussion, if Appropriate Mayor & City Council Action on Motion, if Appropriate ................... ....... ........ Mayor Facilitates page 2 -- CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNIC/4 PON DATE: 12/14/2010 CONSENT ITEM #: MOTION Consent Agenda AGENDA ITEM: Consider Approval for renewal of Lake Elmo Wine Company SUBMITTED BY: Sharon Lumby, City Clerk THROUGH: Bruce Messelt, City Administrator SUMMARY AND ACTION REQUESTED: The City has received a liquor application renewal from Lake Elmo Wine Company, 3511 Lake Elmo Avenue N. for 2011, All required fees and the proper insurance certificate has been received: Move to Approve the 2011 Off -Sale Liquor License for Lake Elmo Wine Company located at 3511 Lake Elmo Avenue". page 1 -- Licensee Name Trade Name Minnesota Department of Public Safety Alcohol and Gambling Enforcement 444 Cedar Street, Suite 222 St. Paul, MN 55101 651-201-7507 .TTY 651-282-6555 • Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses ex pt Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. 0 SL License Code City/County where license approved, Lake Elmo wine Co. License Period Ending t. iFtt C.) 0. E. :I. mo Wine Company Licensed Location address 12/ 3 :t / 217.1 29771+ 3511 Lake Elmo Ave N Lake IFE I m0, YIN 5 5 17.1 4'2 5 1 / E`E•r.' 41r*41. 1-17 (gf2 1- k`57--0 LICENSEFEES: Off Sale $ On Sale $ Sunday $ Zi!INZi„ 1210 0 00 0. 17.04 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal, City, State, Zip Code Business Phone Applicant's sienature on this renewal confirms the following: Failure to report anv of the followine will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota, If ever rejected, please give details on the back of this renewal, then sign below, 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4, Licensee confirms that during the past five years it or its employees have nut been cited for any civil or criminal liquor law violations, If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802, If yes, attach a copy of the summons, then sign below, 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). (L. DOH 64 the3 SSii r)j 7 Date\ZItll (Signature certifies all above information to be correct and license has been approved by city/county.) City Clerk/County Auditor Signature Dare (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above.) County Allomev Signature. Dare County Board issued licenses only (Signature certifies licensee is eligible for license). Prilice/Sheyiffignatore. (Signature certifies licensee or associates have not been cited during the past five years for any state/local liquor law violations (criminaUcivil). Report violations on back, then sign here. PS 9093-10