Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
07-06-2010 packet
City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota July 6, 2010 7:00 p.rn. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston DeLapp Emmons, Park Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings so everyone attending the meeting or watching the meeting understands how the City Council does its public business.) F. GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G. APPROVE MINUTES: 1. Approval of the June 15, 2010 City Council minutes Approval of the June 29, 2010 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. a. Approve liquor license for Lake Elmo Jaycees Huff Puff b. Approve liquor license for Lake Elmo Wine Company c. Easement Encroachment Agreement-12211 Marquess Lane Cove 4. MPCA request for shallow well testing on public lands . REGULAR AGENDA: . Ordinance No. 08-026: Consideration of an ordinance amending the definition of "wayside stand" 6. Home Occupations Ordinance No. 08-027: Consideration of an ordinance to allow home occupations as a use for residences for limited business purposes while regulating such business uses in a manner that precludes business use from becoming a nuisance neighboring residential property owners; Resolution No. 2010-032 7. Public Hearing: Vacating and accepting easements: Heath property; Resolution No. 2010-033 8. Comprehensive Plan — Rural Area Density Analysis 9. Whistling Valley Development, Phases 1, 2, and 3 — Request to extend the development completion deadline of June 30, 2010 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 — Preliminary Financial Analysis of Infrastructure Costs Relating to Village Area Master Plan • Planning Director L. Adjourn **A social gathering may or may not be held at the Lake Elmo Inn following the meeting.** DRAFT City of Lake Elmo City Council Meeting Minutes June 15, 2010 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, Smith and Park Absent: Council Member Emmons Also Present: Administrator Messelt, City Engineer Griffin, Attorney Snyder, Finance Director Bouthilet, Joe Rigdon, KDV, and City Clerk Lumby APPROVAL OF AGENDA MOTION: Council Member DeLapp moved to approve the June 15, 2010 City Council agenda, as amended. Council Member Park seconded the motion. The motion passed 4- 0. GROUND RULES: APPROVED MINUTES: The June 1, 2010 City Council minutes were approved by consensus. PUBLIC COMMENTS/INQUIRIES: None 2010 Legislative Session Recap: Hon. Julie Brown, MN State Representative (56A) Hon. Kathy Saltzman, MN State Senator (56) CONSENT AGENDA: MOTION: Council Member Smith moved to approve the Consent Agenda. Council Member Park seconded the motion. The motion passed 4-0. Approve payment of disbursements and payroll in the amount of $156,267.61 Establish a City Council Sub -Committee for Personnel/Human Resources comprised of Council Member Smith and Mayor Johnston and an Ad Hoc Sub - Committee for Review of Current Assessment Policies comprised of Council Members Park and DeLapp Approve the proposed contract and purchase of 911 ALI Data from Quest in the amount of $1,235.00 contingent upon final County denial of the requested access to said data. The fee is $650 per year for updated data. Approve the proposed service agreement with the City of Oakdale for vehicle repairs/maintenance LAKE ELMO CITY COUNCIL JLTNE 15, 2010 REGULAR AGENDA: Huff n Puff Proclamation: Mayor Johnston proclaimed August 12th to 1501, 2010 as the official City celebration for 2010 and urged all citizens of our community to give full regard to the past continuing services for the Lake Elmo Jaycees. Presentation and Acceptance of the 2009 Audit and Financial Report Steve McDonald, Abdo, Eick & Meyer, provided the 2009 Year End Financial Report and answered City Council questions. MOTION: Council Member DeLapp moved to accept the 2009 Year End Financial Report. Council Member Smith seconded the motion. The motion passed 4-0, Rosalie Wahl Library - Resolution Mayor Johnston asked that this item be added to the Council agenda in order to allow the City Council to act upon concern regarding Washington County Library operation of the Rosalie E. Wahl Branch Library in Lake Elmo. The City staff has met with Washington County and Washington County Library officials in February and April, 2010 to review the decision of rejecting consideration of shifting library hours at the library from Monday to Saturday. The Washington County Library Board has given strong indication through its Administration that the library is likely to suffer additional service cutbacks and/or closure due to current budgetary and service consideration. Council Member Smith noted that the City of Lake Elmo's preference is to not sever its relationship with the Washington County Library System, nor to box them in a corner. However, the City of Lake Elmo wants to reasonably address ways to retain library services as it pursues its vision for both the current and future downtown. MOTION: Mayor Johnston moved to adopt Resolution No. 2010-030, A resolution callingfor preservation and enhancement of library services within the city and community of Lake Elmo. Council Member DeLapp seconded the motion. The motion passed 4-0. Municipal State Aid Revision — Resolution Nos. 2010-028. 2010-029 Jack Griffin, City Engineer requested the Council consider system revisions to the City's Municipal State Aid System (MSAS). The proposed changes, shown on page 3 of the City Engineer's report, have been reviewed with the staff of the Mn/DOT State Aid office. LAKE ELMO CITY COUNCIL JUNE 15, 2010 2 MOTION: Council Member Smith moved to approve Resolution 2010-028, thereby revoking the Municipal State Aid designation from the listed street segments and approve Resolution No. 2010-029, thereby establishing the listed street segments as Municipal State Aid Streets, Council Member Park seconded the motion. The Motion passed 4-1 (Council Member DeLapp voting against. The City should be looking at revoking the agreement with Rockpoint Church) The Council adjourned the meeting at 8:37 p.m. -------- -------- Respectfully submitted by Sharon Lumby, City Clerk LAKE ELMO CITY COUNCIL JUNE 15, 2010 City of Lake Elmo City Council Special Meeting Minutes June 29, 2010 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, and Park Absent: Council Member Emmons and Smith Also Present: Administrator Messelt, Finance Director Bouthilet, Acting City Attorney Kevin Sandstrom. APPROVAL OF AGENDA MOTION: Council Member DeLapp moved to approve the June 29, 2010 City Council agenda. Council Member Park seconded the motion. The motion passed 3-0. Agenda Item 1: Lake Ehno Library —_Establishing a Public Library System, Authorizing a Library Levy, and Establishing a Public Library Board fox the City of Lake Elmo, pursuant to Minnesota Statute 134.07, et seq. The City Administrator and Acting City Attorney provided the City council with a brief presentation regarding the proposed Resolution and issues related to establishment of a municipal public library system. Mr. Dave Moore, 8680 Stillwater Blvd, asked for clarification regarding the transfer of levy authority between Washington County and the City of Lake Elmo. MOTION: Council Member Park moved to approve Resolution No. 2010-031, A Resolution establishing a public library system, authorizing a library levy, and establishing a public library board for the City of Lake Elmo. Council Member DeLapp seconded the motion. The motion passed 3-0. The Council adjourned the meeting at 7:25 p.m. Respectfully submitted by Bruce Messelt, City Administrator LAKE ELMO CITY COUNCIL JUNE 29, 2010 AYOR & COUNCIL COMMUNICATION DATE: 7/06/2010 CONSENT ITEM #: 2 MOTION as part of Consent Agenda AGENDA ITEM: Approve Disbursements and Payroll in the Amount of $ 234,270.30 SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrator REVIEWED BY: City Staff SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements and payroll in the amount of S 234,270.30. 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 payroll to be paid in accordance with State law and City policies and procedures. ACH ACH ACH ACH ACH ACH DD 2811 —DD 2842 35760 — 357700 DD2843 — DD2858 35771 35775 35776 - 35828 Amount 7,385.57 6,960.96 1,141.23 1,168.20 3,651.87 3,717.46 24,012.12 4,822.23 21,231.57 14,392.65 145,786.44 - TOTAL 2341470.30 Payroll Payroll Payroll Payroll Payroll Payroll Payroll Payroll Payroll Payroll Taxes to IRS 06/17/2010 Taxes to IRS 07/01/2010 Taxes to MN Dept. of Revenue 06/17/2010 Taxes to MN Dept, of Revenue 07/01/2010 Retirement to PERA 06/17/2010 Retirement to PERA 07/01/2010 Dated 06/17/2010 (Direct Deposit) Dated 06/17/2010 Dated 07/01/2010 (Direct Deposit) Dated 07/01/2010 Accounts Payable Dated 07/06/2010 -- page 1 -- City Council Meeting Approval of Disbursements and Payroll July 6th, 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 the Consent Agenda proposed disbursements in the amount of $ 234,270.30. 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 July 6th, 2010 Disbursement and Payroll, as Presented [and modified] herein." ATTACHMENTS: 1. Accounts Payable Dated 07/06/2010 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Agenda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Di scus s i on ...... ....... ........ ........ ........... ...... Mayor & City Council Action on Motion Mayor Facilitates -- page 2 -- Accounts Payable To Be Paid Proof List User: joan z Printed: 06/30/2010 - 1:19 PM Batch: 007-06-2010 Invoice # Inv Date Amount Quantity Pmt Date Description Reference ACEHARD Ace Hardware, Inc 93546 06/08/2010 85.33 0.00 07/06/2010 Fire Hydrant Padlocks 601-494-9400-42270 Utility System Maintenance 93546 Total: 85.33 93630 06/10/2010 64.06 0.00 07/06/2010 Fire Hydrant Padlocks 601-494-9400-42270 Utility System Maintenance 93630 Total: 64.06 93834 06/15/2010 96.18 0.00 07/06/2010 Sprayer 101-450-5200-42400 Small Tools & Minor Equipment 93834 Total: 96.18 ACEHARD Total: 245.57 Task Type PO # Close POLine # No 0000 No 0000 No 0000 ACS Animal Control Services 663 06/20/2010 683.00 0.00 07/06/2010 Animal Control Services 5/24-6/20 No 0000 101-420-2700-43150 Contract Services 663 Total: 6&3.00 ACS Total: 683.00 AMFLAG American Flagpole & Flag Corp 88977 06/13/2010 330.74 0.00 07/06/2010 Repairs to flagpole at station #2 101-420-2220-44010 Repairs/Maint Bldg 88977 Total: 330.74 AMFLAG Total: 330.74 No 0000 ARAM Aramark, Inc. 629-7011422 06/10/2010 22.97 0.00 07/06/2010 Uniforms No 0000 101-430-3100 11170 Uniforms 629-7011422 Total: 22.97 629-7013227 06/14/2010 59.73 0.00 07/06/2010 Monthly rug Service, Station #2 No 0000 101-420-2220 11010 Repairs/Maint Bldg 629-7013227 Total: 59.73 Page 1 AP - To Be Paid Proof List (06/30/10 - 1:19 PM) Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 629-7013228 06/14/2010 119.49 0.00 07/06/2010 Linen City Hall - No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-7013228 Total: 119.49 629-7013229 06/14/2010 57.37 0.00 07/06/2010 Monthly rug Service, Station #1 - No 0000 101-420-2220-44010 Repairs/Maint Bldg 629-7013229 Total: 57.37 629-7016218 06/17/2010 22,97 0.00 07/06/2010 Uniforms No 0000 101-430-3100-44170 Uniforms 629-7016218 Total: 22.97 629-7018042 06/21/2010 42.43 0.00 07/06/2010 Linen City Hall -Annex No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-7018042 Total: 42.43 629-7020913 06/24/2010 22.97 0.00 07/06/2010 Uniforms No 0000 101-430-3100-44170 Uniforms 629-7020913 Total: 22.97 629-7022696 06/28/2010 107.36 0.00 07/06/2010 Linen City Hall - No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-7022696 Total: 107.36 ARAM Total: 455.29 BATTYPL Batteries Plus Woodbury, Corp 32-708564 06/17/2010 122.37 0.00 07/06/2010 Back up generator battery No 0000 101-430-3100-44010 Repairs/Maint Bldg 32-708564 Total: 122.37 32-708889 06/23/2010 69.24 0.00 07/06/2010 Battery for 00-2 - No 0000 101-430-3100-42210 Equipment Parts 32-708889 Total: 69.24 BATTYPL Total: 191.61 BURBBLAC Burberl Black Dirt, Inc. 12736 06/21/2010 51.30 0.00 07/06/2010 Black Dirt No 0000 101-450-5200-42250 Landscaping Materials 12736 Total: 51.30 BURBBLAC Total: 51.30 CAPRA CAPRA'S UTLITIES iNC. 2147 06/21/2010 12,935.00 0_00 07/06/2010 Water & Sewer service ext to Annex No 0000 411-480-8000-45200 Buildings and Structures 2147 Total: 12,935.00 CAPRA Total: 12,935.00 AP - To Be Paid Proof List (06/30/10 - 1:19 PM) Page 2 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # CARQUEST Car Quest Auto Parts 205-191432 06/08/2010 57.40 0.00 07/06/2010 Air Filters toro Z-turn No 0000 101-450-5200-42210 Equipment Parts 205-191432 Total: 57.40 2055-168563 06/08/2010 39.45 0.00 07/06/2010 Drive beltfloader No 0000 101-430-3120-42210 Equipment Parts 2055-168563 Total: 39.45 2055-191387 06/08/2010 25.54 0.00 07/06/2010 Drive belt, grease No 0000 101-430-3120-42210 Equipment Parts 2055-191387 Total: 25.54 CARQUEST Total: 122.39 COMPENSA Compensation Consultants, Ltd 06/21/2010 06/21/2010 40.00 0.00 07/06/2010 Monthly Admin Fee - July 2010 No 0000 101-410-1320-44300 Miscellaneous 06/21/2010 Total: 40.00 COMPENSA Total: 40.00 CTYBAY City of Bayport WM2010-6 06/04/2010 56.75 0.00 07/06/2010 Bldg Inspector Services 10911 57th St No 0000 101-420-2400-43150 Inspector Contract Services WM2010-6 Total: 56_75 CTYBAY Total: 56.75 CTYOAKDA City of Oakdale 10000460-01 05/31/2010 11,982.56 0.00 07/06/2010 Water Service 1-94 No 0000 601-494-9400-43820 Water Utility 10000460-01 Total: 11,982.56 CTYOAKDA Total: 11,982.56 CUSH Cushman Motor Co., Inc. 150254 06/14/2010 94.01 0.00 07/06/2010 Pulley Cushman No 0000 101-450-5200-42210 Equipment Parts 150254 Total: 94.01 CUSH Total: 94.01 EARLANDE Earl F. Andersen, Inc. 0091698-IN 06/15/2010 212.57 0.00 07/06/2010 Sign Brackets and hardware Na 0000 101-430-3120-42260 Sign Repair Materials 0091698-1N Total: 212.57 AP - To Be Paid Proof List (06/30/10 - 1:19 PM) Page 3 Invoice # Inv Date Amount Quantity Prot Date Description Reference EARLANDE Total: 212.57 EASTSUBU East Suburban Resources 227528 06/25/2010 119.34 0.00 07/06/2010 917 Water Bill Mailing 3 inserts 601-494-9400-44300 Miscellaneous 227528 Total: 119.34 EASTSUBU Total: 119.34 EMERGAPP Emergency Apparatus MaintANC 49467 06/22/2010 1,012.59 0.00 07/06/2010 Repairs 1.1 101-420-2220-44040 Repairs/Maint Eqpt 49467 Total: 1,012.59 49468 06/22/2010 148.36 0.00 07/06/2010 Repairs T1 101-420-2220-44040 Repairs/Maint Eqpt 49468 Total: 148.36 49469 06/22/2010 267.62 0.00 07/06/2010 Repairs El 101-420-2220-44040 Repairs/Maint Eqpt 49469 Total: 267.62 49470 06/22/2010 161.85 0.00 07/06/2010 Repairs B2 101-420-2220-44040 Repairs/Maint Eqpt 49470 Total: 161.85 49471 06/22/2010 222.69 0.00 07/06/2010 Repairs E2 101-420-2220-44040 Repairs/Maint Eqpt 49471 Total: 222.69 49994 06/22/2010 -331.13 0.00 07/06/2010 Credit 101-420-2220-44040 Repairs/Maint Eqpt 49994 Total: -331.13 EMERGAPP Total: 1,481.98 Task Type PO # Close POLine # ENVENTIS ENVENTIS 737500 06/13/2010 444.67 0.00 07/06/2010 Telephone Data Service PW June 2010 - 101-430-3100-43210 Telephone 737500 Total: 444.67 738507 06/13/2010 528.34 0.00 07/06/2010 Telephone Data Service City Hall 101-410-1940-43210 Telephone 06/10 738507 Total: 528.34 ENVENTIS Total: 973.01 FERGUSON Ferguson Waterworks SO1252757.001 06/07/2010 1,237.64 0.00 07/06/2010 Hydrant Lock outs 601-494-9400-42270 Utility System Maintenance S01252757.001 Total: 1,237.64 AP - To Be Paid Proof List (06/30/10 - 1:19 PM) No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 4 Invoice # Inv Date FERGUSON Total: FXL FXL, Inc. 07/01/2010 07/01/2010 101-410-1320-43100 Assessing Services 07/01/2010 Total: FXL Total: GRACZYK Graczyk Kevin 06/24/2010 06/24/2041 101-410-1450-43620 Cable Operations 06/24/2010 Total: 06/28/10 06/28/2010 101-410-1450-43620 Cable Operations 06/28/10 Total: GRACZYK Total: HAUSER Brian Hauser 06/23/2010 06/23/2010 101-420-2220-44300 Miscellaneous 06/23/2010 Total: HAUSER Total: HENNCOL Hennepin Technical College 203252 06/14/2010 101-420-2220-44370 Conferences & Training 203252 Total: HENNCOL Total: KJOHNSON Johnson Kristine 06/20/20 I 0 06/20/2010 101420-2220-44010 Repairs/Maint Bldg 06/20/2010 Total: KJOHNSON Total: KRIEGLER Carol Kriegler Chk Req 06/21/2010 101-450-5200-44030 Repairs/Maint Imp Not Bldgs Chk Req Total: Amount Quantity Pmt Date Description Reference 1,237.64 2,000.00 0.00 07/06/2010 Assessing Services July 2010 2,000.00 2,000.00 41.25 0.00 07/06/2010 Cabled Council Workshop 6/24/10 41.25 55.00 0.00 07/06/2010 Cabled Planning Commission 6/28/10 55.00 9625 408.72 0.00 07/06/2010 Reimbursement for meals/lodging @ MSFDA 408.72 408.72 550.23 0.00 07/06/2010 First Responder Training for Nick Witter 550.23 550.23 44.98 0.00 07/06/2010 Reimbursement for landscape rocks, st 44.98 44.98 22.43 0.00 07/06/2010 Orange Marker for Trails 22.43 Task Type PO # Close POLine # No No No No No No No 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (06(30/10 - 1:19 PM) Page 5 Invoke # Inv Date KRIEGLER Total: LEAGMN League of MN Cities 143120 06/18/2010 101-410-1110-44370 Conferences & Training 143120 06/18/2010 101 -4 10-1320-44370 Conferences & Training 143120 Total: LEAGMN Total: Amount Quantity Pmt Date Description Reference 22.43 590.00 0.00 07/06/2010 Registration Annual League of MN Cities 295.00 0.00 07/06/2010 Registration Annual League of MN Cities 885.00 885.00 LEE SPOR Lee Sports Surfacing, LLC 1627 06/06/2010 12,000.00 404-480-8000-45300 Improvements Other Than Elldgs 1627 Total: 12,000.00 LEE SPOR Total: 12,000.00 LEREPAIR Lake Elmo Repair, Inc 151210 06/18/2010 101-420-2220-44040 Repairs/Maint Eqpt 151210 Total: LEREPAIR Total: LEVASSEU LeVasseur Daniel 06/23/2010 06/23/2010 101-420-2220-42120 Fuel, Oil and Fluids 06/23/2010 Total: LEVASSEU Total: MALMQ Malmquist Greg 06/15/2010 06/15/2010 101-420-2220-44010 Repairs/Maint Bldg 06/15/2010 Total: 06/20/2010 06/20/2010 101-420-2220-42120 Fuel, Oil and Fluids 06/20/2010 06/20/2010 101-420-2220-44300 Miscellaneous 06/20/2010 Total: MALMQ Total: AP - To Be Paid Proof List (06/30/10 - 1:19 PM) 0.00 07/06/2010 Pebble Park Tennis & B-ball Cts Surfacin 25.37 0.00 07/06/2010 Oil Change Chief #1 25.37 25.37 84.00 0.00 07/06/2010 Reimbusement for meals @MSFDA 84.00 84.00 119.98 0.00 07/06/2010 Plants for Station #1 119.98 4625 0.00 07/06/2010 Reimbursement for fuel in Chief #1 6.94 0.00 07/06/2010 Reimbursement for one meal, Wadena 53.19 173.17 Task Type PO # Close POLine # No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 Page 6 Invoice # Inv Date MARONEYS Maroney's Sanitation, Inc 339217 06/11/2010 101-410-1940-43840 Refuse 339217 06/11/2010 101-420-2220-43840 Refuse 339217 06/11/2010 101-430-3100-43840 Refuse 339217 06/11/2010 101-450-5200-43840 Refuse 339217 Total: MARONEYS Total: MENARDSO Menards - Oakdale 73372 06/14/2010 101-420-2220 44010 Repairs/Maint Bldg 73372 06/14/2010 101-420-2220-44040 Repairs/Maint Eqpt 73372 06/14/2010 101-420-29',0-42400 Small Tools & Equipment 73372 Total: 292.60 74314 06/18/2010 30.74 101-450-5200-44030 Repairs/Maint lmp Not Bldgs 74314 Total: 30.74 74457 06/18/2010 132.49 411-480-8000-45700 Office Equipment & Furnishings 74457 Total: 132.49 MENARDSO Total: 455.83 MENARDST Menards - Stillwater 3124 06/16/2010 101-420-2220-44010 Repairs/Maint Bldg 3124 Total: MENARDST Total: METROFIR Metro Fire 38206 06/07/2010 101-420-2220-44040 Repairs/Maint Eqpt 38206 Total: METROFIR Total: AP - To Be Paid Proof List (06/30/10 - 1:19 PM) Amount Quantity Pmt Date Description Reference 103.66 45.62 198.87 198.87 547.02 547.02 0.00 07/06/20 I 0 0.00 07/06/2010 0.00 07/06/2010 0.00 07/06/2010 Waste Removal - City Hall Waste Removal - Fire Waste Removal - Public Works Waste Removal - Parks 189.57 0.00 07/06/2010 Bldg Maint supplies, station #2 89.07 0.00 07/06/2010 Vehicle maint, station #2 13.96 0.00 07/06/2010 Oil Dri 0.00 07/06/2010 Hardware bidge in Demontreville 0.00 07/06/2010 Plumbing Supplies - City Hall Annex 10.68 0.00 07/06/2010 Landscape fabric Station #1 10.68 10.68 400.58 0.00 07/06/2010 Replacement Nozzle 400.58 400.58 Task Type PO # Close POLine # No No No No 0000 0000 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No No 0000 0000 Page 7 Invoice # Inv Date MN NATIV Minnesota Native Landscapes 5710 06/16/2010 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 5710 Total: 5722 06/21/2010 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 5722 Total: MN NATIV Total: MNDOH MN Department of Health 06/11/2010 06/11/2010 601-494-9400 11370 Conferences & Training 06/11/2010 Total: MNDOH Total: NEXTEL Nextel Communications 761950227-087 06/18/2010 101-410-1940-43210 Telephone 761950227-087 06/18/2010 101-420-2220-43210 Telephone 761950227-087 06/18/2010 101-420-2400-43210 Telephone 761950227-087 06/18/2010 101-430-3100-43210 Telephone 761950227-087 06/18/2010 101-450-5200-43210 Telephone 761950227-087 Total: NEXTEL Total: NORTHDOO Northern Door 42007 06/16/2010 101-420-2220-44010 Repairs/Maint Bldg 42007 Total: NORTI-IDOO Total: NOSTAR ASTLEFORD International T200692 06/04/2010 101-420-2220-44040 Repairs/Maint Eqpt T200692 Total: NOSTAR Total: AP - To Be Paid Proof List (06/30/10 - 1:19 PM) Amount Quantity Pmt Date Description Reference 33,840.10 33,840.10 2,388.75 2,388.75 36,228.85 23.00 23.00 23.00 102.00 223.16 35.91 59.86 19.39 440.32 440.32 49.22 49.22 49.22 3.44 3.44 3.44 Task Type PO # Close POLine # 0.00 07/06/2010 Prairie Restoration - Sunfish Lake Park - 0.00 07/06/2010 Prairie Restoration - Sunfish Lake Park - 0.00 07/06/2010 Water Certification Fee (Jamie Colemer) 0.00 07/06/2010 0.00 07/06/2010 0.00 07/06/2010 0.00 07/06/2010 0.00 07/06/2010 Cell Phone Service - Administration Cell Phone Service - Fire Dept Cell Phone Service - Building Dept Cell Phone Service - Public Works Dept Cell Phone Service - Parks Dept 0.00 07/06/2010 Replace garage door window Station 1 0.00 07/06/2010 Connector No No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 Page 8 Invoice # Inv Date NUFORM NUFORM Graphics 06/08/2010 06/08/2010 404-480-8000-44030 Repairs/Maint Imp Not Bldgs 06/08/2010 Total: NUFORM Total: PITNEY Pitney Bowes 662622 07/03/2010 101-410-1940-44010 Repairs/Maint Contractual Bldg 662622 Total: PITNEY Total: PITNEYRE Reserve Account Pitney Bowes 06/02/2010 06/02/2010 601-494-9400-43220 Postage 06/02/2010 Total: PITNEYRE Total: PRESS Press Steven 06/14/2010 06/14/2010 101-410-1910-43620 Cable Operation Expense 06/14/2010 Total: 06/15/2010 06/15/2010 101 410-145043620 Cable Operations 06/15/2010 Total: PRESS Total: QUALITY Quality Locksmith Service, Inc 65141 06/11/2010 101-410-1320-44300 Miscellaneous 65141 Total: QUALITY Total: RUD Prince-Rud Diane 05/12/2010 05/12/2010 101-410-1940-44010 Repairs/Maint Contractual Bldg 05/12/2010 05/12/2010 101-420-2220-44010 Repairs/Maint Bldg 05/12/2010 05/12/2010 101-420-2220-44010 Repairs/Maint Bldg 05/12/2010 Total: AP - To Be Paid Proof List (06/30/10 - 1:19 PM) Amount Quantity Pmt Date Description Reference 250.00 0.00 07/06/2010 Prairie Restoration Project 250.00 250.00 268.83 0.00 07/06/2010 Postage Machine Rental 268.83 268.83 1,000.00 0.00 07/06/2010 Postage 1,000.00 1,000.00 58.88 0.00 07/06/2010 Planning Commission Meeting 6/14/2010 58.88 58.88 0.00 07/06/2010 City Council Meeting 6/15/2010 58.88 117.76 65.00 0.00 07/06/2010 Change Door Locks - Hardy House 65.00 65.00 480.00 360.00 125.00 965.00 0.00 07/06/2010 Cleaning city Hall & Annex 0.00 07/06/2010 Cleaning Fire Hall 0.00 07/06/2010 Windows & Blinds - Fire Station Task Type PO # Close POLine # No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 Page 9 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # RUD Total: 965.00 SAMSCLUB Sam's Club 06/24/2010 06/24/2010 31.07 0.00 07/06/2010 Supplies Station #1 101-420-2220-44300 Miscellaneous 06/24/2010 Total: 31.07 SAMSCLUB Total: 31.07 SMITHANN Anne Smith Exp Reimb 06/30/2010 188.85 0.00 07/06/2010 League of MN Cities Conference 101-410-H 10-44370 Conferences & Training Exp Reimb 06/30/2010 51.00 0.00 07/06/2010 Green Class 101-410-1110-44370 Conferences & Training Exp Reimb Total: 239.85 SMITHANN Total: 239.85 STILLMED Stillwater Medical Group 06/23/2010 06/23/2010 198.00 0.00 07/06/2010 Preplacement/Annual Physicals, Hep B - 101-420-2220-43050 Physicals vac 06/23/2010 Total: 198_00 STILLMED Total: 198.00 TASCH T.A. Schifsky & Sons Inc 49390 06/07/2010 268.01 0.00 07/06/2010 Asphalt 101-430-3120-42240 Street Maintenance Materials 49390 Total: 268.01 49441 06/14/2010 267.34 0.00 07/06/2010 Asphalt 101-430-3120-42240 Street Maintenance Materials 49441 Total: 267.34 TASCH Total: 535.35 TDS TDS METROCOM - LLC 651-779-8882 06/13/2010 164.17 0.00 07/06/2010 Analog Lines - Fire 101-420-2220-43210 Telephone 651-779-8882 06/13/2010 155.44 0.00 07/06/2010 Analog Lines - Public Works 101-430-310043210 Telephone 651-779-8882 06/13/2010 104.76 0.00 07/06/2010 Analog Lines - Lift Station Alarms 602-495-9450-43210 Telephone 651-779-8882 06/13/2010 42.24 0.00 07/06/2010 Alarm - Well House #2 601-494-9400-43210 Telephone 651-779-8882 Total: 466.61 AP - To Be Paid Proof List (06/30/10 - 1:19 PM) No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 10 Invoice # TKDA TKDA, Inc, 0002201001386 203-490-9070-43030 0002201001387 203-490-9070-43030 0002201001388 203-490-9070-43030 0002201001389 413-480-8000-43030 0002201001390 413-480-8000-43030 0002201001391 415-480-8000-43030 0002201001392 417-480-8000-43030 0002201001393 101-430-3100-43030 0002201001393 101-410-1930-43030 0002201001393 101-410-1910-43030 0002201001394 101-410-1910-43030 0002201001394 409-480-8000-43030 0002201001394 603496-9500-43030 0002201001394 601-494-9400-43030 0002201.001394 602-495-9450-43030 0002201001395 417-480-8000-43030 Inv Date TDS Total: 06/09/2010 Engineering Services 0002201001386 Total: 06/09/2010 Engineering Services 0002201001387 Total: 06/09/2010 Engineering Services 0002201001388 Total: 06/09/2010 Engineering Services 0002201001389 Total: 06/09/2010 Engineering Services 0002201001390 Total: 06/09/2010 Engineering Services 0002201001391 Total: 06/09/2010 Engineering Services 0002201001392 Total: 06/09/2010 Engineering Services 06/09/2010 Engineering Services 06/09/2010 Engineering Services 0002201001393 Total: 06/09/2010 Engineering Services 06/09/2010 Engineering Services 06/09/2010 Engineering Services 06/09/2010 Engineering Services 06/09/2010 Engineering Services 0002201001394 Total: 06/09/2010 Engineering Services AP - To Be Paid Proof List (06/30/10 - 1:19 PM) Amount Quantity Pmt Date Description Reference 466.61 Task Type PO # Close POLine # 1,000.99 0.00 07/06/2010 Development Whistling Valley III 1,000.99 115.71 0.00 07/06/2010 Lake Elmo Farms 115.71 323.99 0.00 07/06/2010 Sanctuary 323.99 2,425.66 0.00 07/06/2010 1-94 to 30th Street - Village Sanitary 2,425.66 3,806.97 0.00 07/06/2010 Lake Elmo Area Village Eng. Support 3,806.97 46.28 0.00 07/06/2010 2009 Street improvement Final Design - 46.28 1,857.74 0.00 07/06/2010 Lake Elmo 2010 Street and Water Quality 69.43 0.00 07/06/2010 General Engineering 0.00 07/06/2010 General Engineering 0.00 07/06/2010 General Engineering 1,857.74 4,407.42 545.89 5,022.74 5,051.58 0.00 07/06/2010 General Engineering - VRA 6,904.69 0.00 07/06/2010 General Engineering - VRA 3,192.00 0.00 07/06/2010 General Engineering - VRA 1,020.20 0.00 07/06/2010 General Engineering - VRA 1,761.64 0.00 07/06/2010 General Engineering - VRA 17,930.11 1,597.99 0.00 07/06/2010 TH 5 & Jamaca Ave Roundabout No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 11 Invoice # Inv Date 0002201001395 Total: 0002201001396 06/09/2010 411-480-8000-45200 Buildings and Structures 0002201001396 Total: 0002201001397 06/09/2010 409-480-8000-43030 Engineering Services 0002201001397 Total: 0002201001398 06/09/2010 601-494-9400-43030 Engineering Services 0002201001398 Total: 0002201001399 06/09/2010 409-480-8000-43030 Engineering Services 0002201001399 Total: 0002201001400 06/09/2010 203-490-9070-43030 Engineering Services 0002201001400 Total: TKDA Total: WASH-REC Washington County 66670 06/24/2010 101-410-1520-44300 Miscellaneous 66670 Total: WASH-REC Total: WASRADIO WASHINGTON COUNTY 66456 06/22/2010 101-420-2220-43230 Radio 66456 Total: WASRADIO Total: WI ER Witter Nick 06/13/2010 06/13/2010 101-420-2220-43310 Mileage 06/13/2010 06/13/2010 101-420-2220-44350 Books 06/13/2010 Total: WITTER Total: YOCUM Yocum Oil Company, Inc. 189444 06/21/2010 101-430-3100 11010 Repairs/Maint Bldg 189444 Total: AP - To Be Paid Proof List (06/30/10 - 1:19 PM) Amount Quantity Pmt Date Description Reference 1,597.99 2,106.43 2,106.43 2,379.68 2,379.68 5,615.68 5,615.68 4,070.54 4,070.54 2,702.31 2,702.31 51,002.82 638.51 638.51 638.51 3,800.76 3,800.76 3,800.76 261.59 0.00 07/06/2010 Lake Elrno City Hall Improvements 0.00 07/06/2010 Lake Elmo 2010 Sealcoat 0.00 07/06/2010 Lake Elmo Water System Strategies/Fin 0.00 07/06/2010 Lake Elmo 2010 Street Ratings 0.00 07/06/2010 Lake Elmo Living Farm Development 0.00 07/06/2010 2010 Truth in Taxation Notice 0.00 07/06/2010 1/4rly user fee for 800 MHz radios 0.00 07/06/2010 Mileage Reimb, FFI & First Responder 122.75 0.00 07/06/2010 Reimb for First Responder books 384.34 384.34 160.69 0.00 07/06/2010 Bulk Oil Tanks 160.69 Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No No No No No 0000 0000 0000 0000 0000 Page 12 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # YOCUM Total: 160.69 Report Total: 145,786.44 AP - To Be Paid Proof List (06/30/10 - 1:19 PM) Page 13 MAYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: DATE: 7/06/2010 CONSENT ITEM #: 3a. MOTION as part of Consent Agenda Consider approval of a Temporary On -Sale Liquor License for Lake Elmo Jaycees Huff n Puff Days and waive the fees for the Liquor License and Lions Park Ball field lights Sharon Lumby, City Clerk Bruce A. Messelt, City Administrator SUIVUVIARY AND ACTION REOUESTED: The Lake Elmo City Council is asked to approve its annual 1 to 4 day temporary On -Sale liquor license for the Lake Elmo Jaycees Huff n Puff Days. The Council is also asked to waive the liquor license fee and the fee for the Lions Park ball field lights. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND & STAFF REPORT: The Lake Elmo Jaycees have submitted their annual request for a temporary on -sale Liquor License for Huff n Puff Days. They are also requesting a fee waiver for the application and charge for use of the ball field lights at Lions Park. The City has received approval from the Washington County Sheriff's office and verbal approval from the State Public Safety alcohol inspector. RECOMMENDATION: It is recommended that the City Council approve, as part of the Consent Agenda, a 1 to 4 day temporary On -Sale liquor license for the Lake Elmo Jaycees Huff n Puff Days and waive the liquor license fee and the fee for the Lions Park ball field lights. 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 regarding tabling, approval or denial, If affirmative action is then taken, the appropriate action of the Council following such discussion would be: -- page 1 City Council Meeting Consider Liquor License Application for Lake Elmo Jaycees July 6th, 2010 Consent Agenda Item # 3a "Move to approve the temporary On -Sale liquor license for the Lake Elmo Jaycees Huff'n Puff Days and waive the fees for the liquor license and Lions Park ball field lights. [as amended at tonight's meeting]. ATTACHMENTS: 1. Liquor License Application for Lake Elmo Jaycees 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 -- Lake Elmo avicees Affiliated with JCI' Proclamation WHEREAS, the Lake Elmo Jaycees have been a vital part of the development of young leaders of our community the past 40 years and WHEREAS, this organization of young people will again be sponsors of Huff and Puff Aug 12th, 13th, 14th, and 15th 2010 NOW, THEREFORE, I, Dean Johnston, Mayor of Lake Elmo, do hereby proclaim the weekend of Aug 12th to the 15th Huff and Puff Days In Lake Elmo, and urge all citizens of our community to give full regard to past and continuing services of the Lake Elmo Jaycees. Signed this I-=-2 day of June, 2010 Dean Johnston, Mayor of Lake Elmo P© Box 198 • Lake Elmo, MN 55042 • www.lakeelt-noiaycees,org AYQ13 & COUNCIL PQMAIUNICATIQN DATE: 7/06/2010 CONSENT ITEM #: 3b. MOTION as part of Consent Agenda AGENDA ITEM: Consider approval of a new Off -Sale Intoxicating liquor license for Lake Elmo Wine Company located at 3511 Lake Elmo Avenue N. SUBMITTED BY: Sharon Lumby, City Clerk THROUGH: Bruce A. Messelt, City Administra 7/7 SUMMARY AND ACTION REOUESTED: The Lake Elmo City Council is asked to approve a new off -Sale Intoxicating liquor license for Lake Elmo Wine Company, located at 3511 Lake Elmo Avenue N, the Hagstrom building. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND & STAFF REPORT: Kimberly Ommerbom, applicant, wishes to open an upscale wine shop which will be a family owned business. Proof of liquor liability insurance has been provided and fees are paid. The City has received approval from the Washington County Sheriff's office and verbal approval from the State Public Safety alcohol inspector. The Planning Director has approved the zoning for the proposed liquor store and advised Ms. Ommerborn about parking regulations. RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda a new off -Sale Intoxicating liquor license for Lake Elmo Wine Company. 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 regarding tabling, approval or denial, If affirmative action is then taken, the appropriate action of the Council following such discussion would be: "Move to approve a new Of -Sale Intoxicating liquor license for the Lake Elmo Wine Company, located at 3511 Lake Elmo Avenue N., to Kimberly Ommerborn and submit application for approval by the Minnesota Public Safety Inspector [as amended at tonight's meeting]. -- page 1 -- City Council Meeting Consider Liquor License Application for Lake Elmo Wine Company July 6th, 2010 Consent Agenda Item # 3b ATTACHMENTS: 1. Liquor License Application for Lake Elmo Wine Company SUGGESTED ORDER OF BUSINESS (ifremoved 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 -- Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar St., Suite 222, Si. Paul, MN 55101-5133 (65)) 201-7507 FAX (651)297-5259 TTY(651)282-6555 WWW.DPS.STATE.MN.US APPLICATION FOR OFF SALE INTOXICATING LIQUOR LICENSE No license willlie,approved or.releasedanitil,the $20 Retailer ID Card fec is received Workers compensation insurance company. Name Sox, t )c-a Policy # 00- bre oocta,5--dcifo-0 Licensee's MN Sales and Use Tax ID # 1 63 9 ,s-og ThappiyfociIvTNwkonduernxfD h call (651) 296-6M/ Licensee's Federal Tax ID # fl -as= iLin 4 If a corporation, an officer shall execute this applicatior_ If a partnership, a partner shall execute this application, Licensee Name (Individual, Corporation, Partnership, LLC) LCk\Q WIO01 ASI-CoWl190-Y1 License Location (Street Address & BlocNo.) ?)S11 (...-a.)(--c2- Y1(10 ik‘le J D41 City 1110 Social Security # Trade Name or 'DBA L3t COMpalq y Applicant's Home Phone ti (psi Zip Code Code 5-5-0(-1 DOB (Individual Applicant) License Period From 71-1 it) To County State (3 Plc -VD() Name of Store Manager Business Phone Number mel\--)Oro nc*,a,\aalp\AILIA. If a corporati4 or LLC state name; date ot' birth, Social Security # address, title, and shares held by each officer. If a partnership, state names, address and date of birth of each partner, Partner Officer (First, middle, last) DOB SS# Tide KkVYL\GQ-AV .1knfl MY% pr\f) In 11.2- T5 5"t-14-PAI Cumeir Partner OfficIr (First, middle, last) DOB SS# Title Partner Officer middle, DOB SS# rifle Partner Officer (First, middle, last) DOB SS# ri Title Shares 100 Address. City, Stite. Zip Cndc III W5o,..ri -14(E Shares Address, Oily, State. Zip Code Shares Address, City, Stale. Zip Code Shares Address, City, Stale. Zip Code 1, _Ka , date of incorporation j34o, state incorporated in , amount paid in capital . If a subsidiary of any other corporation, so state iv') and give purpose or corporation . If incorporated under the laws of another state, is corporation authorized to do business in the state of Minnesota? Li Yes [ i No 2. Deskribe premises to which license applies; such as first floor, second floor, basement, etc.) or if entire building, se state, -Y1-c-kro,C. 3. is establishment located near any state university, state hospital, training school, reformatory or prison? 'Yes )(No If yes st a te approximate distance. 4. Name and address of building owner: . . \Act of-NI-No.1 PrhipirVp.e.1':, LLC. : 5S-I I LakQ i-a.a,C6Q, MIU 5ispLIQ. Has owner of buildMg any connection, directly or indirectly, with applicant? l I Yes '71-No 5, is applicant or any of the associates in this application, a member of the governing body of the Municipality in which this license is to be issued? l.:! Yes ' ' No If yes, in what capacity? 6. State whether any person other than applicants has any right, title or interest in the furniture„ fixtures or equipment for which license is applied and if so, give name and details, no 1-lave applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the state of M inn esota? Yes 'T(No if yes, give name and address of establishment. • laws of the State of Minnesota or municipa Polie f's Department Title Are the premises no occupied or to be occupied by the applicant entirely separate and exclusive from any other business establishment? s No 9, State whether applicanthas or will be granted, an On sale Liquor License in conjunction with this Off Sale Liquor License and kir the same premises. tlYes )'No L.' Will be granted 10, State whether applicant has or will be granted a Sunday On Sale Liquor License in conjunction with the regular On Sale Liquor License. fl Yes )'No 0Will be granted 11. If this application is for a County Board Off Sale License, statethe diskric miles to the nearest municipality. 12. State Number of Employees a ( skodsn t eikkrz.:PuJi )1924 13. If this license is being issued by a County Board, has a public hearing been held as per MN Statute 340A,405 sdb2t _ 14. If this license is being issued by a County Board, is it located in an organized township? If so, attach township approval. 1. State whether applicant or any of the associates in this application, have ever had an application for a liquor license rejected by any municipality or state authority; if so, give dates and details. on 2. Has the applicant or any of the associates in this application, during the five years immediately preceding this opplieto inn ever had a license under the Minnesota Liquor Control Act revolted for any violation of such laws or local ordinances, if' so, give dinL:s drill details. IN() 3. Has applicant, partners, officers, or employees ever had anyliquor law violations or felony convictions in Minnesota or elsewhere, including State Liquor Control penalties? Yes X No if yes, give dates, charges and final ouicome. 4. .During the past license year, has a summons been issued under the Liquor Civil Liability Law (Dram Shop) M.S. 340,4.802. Yes No If yes, attach a copy of the summons. This licensee must have one of the following: (ATTACH CERTIFICATE OF INSURANCE TO TFI IS FOR)1.) cht,:ope k one A. Liquor Liability insurance (Dram Shop) - $50,000 per person, $100,000 more than one person; $I 0,000 property destruction; $5'0,000 and $100.000 for loss of means of support. or I=1 B. A surety bond from a surety company with minimum coverage as specified in A. 0,• Li C. A certificate from the State Treasurer that the licensee has deposited with the. state, trust funds having market value of $100,000,or $100,000 in cash or securities, ceittly,that fliave read the above questions and that the answers areirue anti correct 61 my own knowledge. Print name of applicant & title Signature of Applicant' Date r\nov.9 REPORT BY PO CEDEPARTMENT This is to certify that the applicant andnamed herein have not been convicted within the past five years for any viol a [ion or relating to intoxicating lignor.except as follows: County Attorney's Signature IMPORTANT NOTICE Signature . P, -(2 )09) All retail liquor licensees must register with the Alcohol, Tobacco Tax and Trade Bureau, For information call (513) 684-2979 or 1-800-937-8864 a. MAYOR & COUNCIL COMMUNICATION DATE: 7/06/2010 CONSENT ITEM # 3c MOTION As part of Consent Agenda AGENDA ITEM: Easement Encroachment Agreement — 12211 Marquess Ln Cv SUBMITTED BY: Kelli Matzek, Planner REVIEWED BY: Bruce Messelt, City Administrator SUMMARY AND ACTION REOUESTED: The City Council is asked to authorize the execution of an easement encroachment agreement allowing residents to construct improvements (in this case a fence) within drainage and utility easements on private property. The City has received a fence permit application in which the property owners are seeking to put a fence in the backyard at 12211 Marquess Lane Cove. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda, BACKGROUND INFORMATION: The City Council has reviewed and approved easement encroachment agreements at the April 20, 2010 regular meeting. At that time, the City Council agreed to place future applications on the consent agenda, unless unique circumstances occur, in which case the agreement will be placed on the regular agenda, The City holds easements of different sizes and for different purposes on many residential and commercial properties throughout the city. When a resident is interested in putting a structure within an easement, the city has requested the property owner provide a site plan showing where the improvement is proposed to be located, a detail of what the improvement will look like and how it will function. After that information is received, the City Engineer reviews the proposed improvement and the use of the easement to determine if the proposed improvement will impede the functionality of the easement. If the engineer determines that the improvement will not negatively impact the functionality of the easement, an approved building or fence permit (if applicable) and an Easement Encroachment Agreement is needed before the work may commence, STAFF REPORT: The Easement Encroachment Agreement that has been submitted for Council consideration is for a fence and has been reviewed by planning and engineering staff, page 1 -- City Council Meeting Easement Encroachment Agreement July 6th, 2010 Consent Agenda Item # 3c The proposed fence meets all city code requirements and Staff would have otherwise issued the fence permit if they did not encroach into a drainage and utility easement. The Easement Encroachment Agreement is a legal document which has been signed by all property owners seeking to install an improvement within an easement. The document, among other things, indemnifies the city from responsibility if damage occurs to the improvement or if it needs to be removed at some point in the future. The City Attorney has drafted this legal document and suggested the City Council should authorize the Mayor to sign the agreements prior to issuing a building or fence permit for the proposed improvements. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council approve the Easement Encroachment Agreement as part of tonight' s Consent Agenda. 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 regarding tabling, approval or denial. If affirmative action is then taken, the appropriate action of the Council following such discussion would be: "Move to authorize the execution of the Easement Encroachment Agreement for 12211 Lane Cove las amended or directed at tonight's meeting]." ATTACHMENTS: Easement Encroachment Agreement SUGGESTED ORDER OF BUSINESS (ifremoved 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 -- Return to: Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1809 Northwestern Ave. Stillwater, MN 55082 ENCROACHMENT AGREEMENT THIS AGREEMENT is made this day of , 2010, by and between the CITY OF LAKE ELMO, a Minnesota municipality (hereinafter "City"), and Scott Johnson and Annmarie Johnson (hereinafter "Owner"), husband and wife, and their successors in title. WHEREAS, the City has an easement for drainage and utility purposes over that part of the property legally described on the attached Exhibit A, located in Washington County, Minnesota; WHEREAS, Owner is desirous of constructing a fence ("The Improvements") within the Easement; and, WHEREAS, the permission granted herein is limited to The Improvement proposed within the easement. NOW, THEREFORE, in consideration of the premises and for good and valuable consideration, the receipt of which is acknowledged, the City will permit the encroachment on its easement area as set forth herein and subject to the conditions set forth below: 1. Owner and successors in title may install and maintain The Improvements in the configuration directed by the City and in accordance herewith. 2. Owner must notify the City at least forty-eight (48) hours before construction, repair and/or maintenance work commences within the easement. No such work shall take place without the City staff being given the opportunity to be present at the site, Further, if the City determines in its reasonable estimation that any proposed work may potentially cause an unsafe condition or damage or impair the City's easement area, the City shall have the authority to prevent such work from being done by giving notice to Owner; notwithstanding the foregoing, in the event of an emergency situation and/or the existence of an unsafe condition of Owner's land, the prescribed forty-eight (48) hour notice requirement shall be waived by the City. However, in the event of such situation, said waiver shall not relieve Owner from their obligation to notify the City in a timely and practical manner, The City shall have no obligation to notify Owner of their intent to do work. To the fullest extent permitted by law, Owner, their successors and assigns agree to release, defend, protect, indemnify, save and hold harmless the City, its agents, directors, employees and contractors against any and all claims, costs and liabilities, including the costs of defense for damages, injury or death arising from or in any way connected to the installation, maintenance, repair, removal and/or presence of The Improvements permitted hereunder, regardless of whether such harm is to Owner, the City, the employees or officers of either or any other person or entity, except shall not be liable under this paragraph for loss or damage to the extent resulting from the negligence or intentional acts of the indemnified parties. 4. The permission granted herein is limited exclusively to the proposed improvement within the City's easement. Owner shall not alter the grade, perform any other site disturbing activities, or permit such alteration anywhere upon the land upon which the City has reserved its 2 easement without proper express written consent of the City. Owner shall construct and maintain The Improvements in compliance with all applicable laws and in good repair. Owner shall, at all times, use best efforts to conduct all of activities on said easement area in such a manner as to not interfere with or impede the operation of the City's easement and related activities in any manner whatsoever and shall remove The Improvements at no cost to the City when directed by the City. The work shall be done and The Improvements maintained in conformance with the direction of the City, [SIGNATURES ON FOLLOWING PAGES] CITY OF LAKE ELMO By By Dean Johnston, Mayor. Bruce Messelt, City Administrator STATE OF MINNESOTA ) ) ss, COUNTY OF WASHINGTON ) On this day of , 2010, before me, a Notary Public, personally appeared Dean Johnston, Mayor of the City of Lake Elmo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Lake Elmo by the authority of the City Council of the City of Lake Elmo, and acknowledged said instrument to be the free act and deed of said City of Lake Elrno. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2010, before me, a Notary blic, personally appeared Bruce Messelt, City Administrator of the City of Lake Ehno, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Lake Elmo by the authority of the City Council of the City of Lake Elmo, and acknowledged said instrument to be the free act and deed of said City of Lake Ehno. Notary Public By B v [Scott Johnson] [Annmarie Johnso STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) 4 On this day of 2010, before me, a Notary Public, personally appeared Scott Johnson and Annmarie Johnson, husband and wife, who signed the foregoing instrument and acknowledged said instrument to be their free act and deed. Notary Public THIS INSTRUMENT DRAFTED BY: David K. Snyder Eckberg, Lammers, Briggs, Wolff az Vierling, P.L.L.P. 1809 Northwestern Avenue Stillwater, MN 55082 LAKE ELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: DATE: 7/06/2010 CONSENT ITEM #: 4 MOTION as part of Consent Agenda Consider Request by MPCA for Temporary Location of small Shallow Aquifer Monitoring Wells on Public Land/Municipal Property Jack Griffin, City Engineer Bruce A. Messelt, City Administrato SUMMARY AND ACTION REOUESTED: The Lake Elmo City Council is asked to authorize the City Engineer and City Administrator to further investigate and, if appropriate, effect a mutually advantageous partnership with the Minnesota Pollution Control Agency for temporary location of small shallow aquifer monitoring wells on appropriately -identified public lands/municipal property. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND & STAFF REPORT: The City of Lake Elmo has been approached by MPCA regarding the placement of temporary small well sites within Lake Elmo for monitoring the presence and movement of various elements and contaminants within the shallow aquifer, City staff are in support of such partnerships, as the data made available by such monitoring will prove exceptionally valuable, not only to MPCA, but to the City with respect to current and future provision of potable water services, current and future efforts to seek external financial support from polluters, granting agencies and state and federal governmental sources for costs associated with such water service. However, prior to moving forward, the City Engineer and City Administrator believe additional information is necessary with respect to location of such monitoring wells, impact and screening, if identified and required, on selected sites, liability, maintenance and operating arrangements, and cooperation with the Minnesota Department of Health and other involved partners with respect to sharing monitoring data, If approved tonight, the City Engineer and City Administrator will report back to the City Council regarding implementation of this partnership program. If necessary, City staff will also page 1 -- mt. City Council Meeting Consider Request by MPCA for Temporary Location of Shallow Aquifer Monitoring Wells July 6th, 2010 Consent Agenda Item # 4 coordinate with the Parks Commission and Parks staff regarding the potential location and operation of these small, temporary monitoring wells. RECOMMENDATION: It is recommended that as part of tonight's Consent Agenda the City Council authorize the City Engineer and City Administrator to further investigate and, if appropriate, effect a mutually advantageous partnership with the Minnesota Pollution Control Agency for temporary location of shallow aquifer monitoring wells on appropriately -identified public lands/municipal property. 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 regarding tabling, approval or denial, If affirmative action is then taken, the appropriate action of the Council following such discussion would be: "Move to authorize the City Engineer and City Administrator to further investigate and, if appropriate, effect a mutually advantageous partnership with the Minnesota Pollution Control Agency for temporary location of shallow aquifer monitoring wells on appropriately -identified public lands/municipal property. ATTACHMENTS: MPCA Program Description SUGGESTED ORDER OF BUSINESS (ifremoved 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 — Minnesota Pollution Control Agency For More Information For additional information about the MPCA's ambient groundwater quality monitoring network, contact the MPCA's Ambient Groundwater Monitoring Coordinator in the Environmental Analysis and Outcomes Division at 651-296-6300 or 800-657-3864. wq-am1-05 Enhancing Ambient Groundwater Quality Monitoring in Minnesota For the Clean Water, Land and Legacy Amendment Water Quality/Ambient Monitoring #1,05 • December 2009 Ground water provides drinking water to approximately 75 percent of Minnesotans and contributes water to streams, rivers, lakes, and wetlands. The Minnesota Pollution Control Agency (MPCA) monitors the quality of our groundwater and protects it from contamination in cooperation with other state and local agencies. What Is Ambient Monitoring? Ambient monitoring is one important component of the MPCA's groundwater protection efforts. Data collected from ambient monitoring activities provide information about the general quality of Minnesota's groundwater and helps identify whether it is getting better, worse, or not changing, Ambient monitoring involves the sampling of groundwater across large geographic settings and provides a large- scale or "big picture" view of groundwater quality conditions across the state. How Is This Information Used? Data collected from MPCA ground water investigations is valuable to drinking water protection efforts and other water management activities, These data inform the state's drinking water supply protection efforts, identifies threats to groundwater quality, and guides the development of best management practices to avoid future groundwater impacts. Collected data are available on-line through the MPCA's Environmental Data Access system, MPCA's Ambient Groundwater Monitoring Network The MPCA's ambient monitoring network focuses on determining the amount of non- agricultural chemicals in the aquifers that are most susceptible to pollution from human activities. The network focuses on the surficial sand and gravel and Prairie du Chien -Jordan aquifers. Assessments of agricultural chemicals in groundwater are performed by the Minnesota Department of Agriculture. A network of shallow wells is monitored by the MPCA as an early warning network in the surficial sand and gravel aquifers. Shallow groundwater typically is not used as a source of drinking water, but any changes in groundwater quality will first be detected in these wells, The early warning network detects whether human activities may be affecting groundwater quality and provides an opportunity to identify and address problems before it reaches the deeper drinking water supplies. Enhancing the Monitoring Network The MPCA is enhancing its monitoring network to improve the assessment of groundwater quality conditions and trends across the state. The agency will be installing additional monitoring wells, focusing on typical urban land use settings. The MPCA is contacting landowners about placing monitoring wells on their property. All costs associated with installing and sampling the wells are borne by the MPCA. Each sampling location initially will be visited about 2-3 times to install the well and prepare it for sampling. The newly -constructed wells will be sampled by the MPCA once each year for non- agricultural chemicals. Clean Water Land and Legacy Amendment Enhancements to the MPCA's ambient groundwater quality monitoring network are funded through the Clean Water, Wildlife, Cultural Heritage and Natural Areas Amendment .On November 4, 2008, Minnesota voters approved this amendment which increased the sales and use tax rate by three - eighths of one percent on taxable sales through 2034. Parts of these funds are used to protect, enhance, and restore groundwater, with at least five percent of the funds targeted to protect drinking water sources. Minnesota Pollution Control Agency • 520 Lafayette Rd. N., St. Paul, MN 55155-4194 • vvww.pca.state.mn,us 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats CITY OF hi LAKE MO MAYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: Lake Elmo Planning Commission Kyle Klatt, Planning Director THROUGH: DATE: 7/06/2010 REGULAR ITEM #: 5 MOTION Ordinance 08-026 Consideration of Ordinance 08-026 Amending the Definition of "Wayside Stand" Bruce A. Messelt, City Administra o REVIEWED BY: Dave Snyder, City Attorney John Baker, Greene Espel, PLLP SUMMARY AND ACTION REOUESTED: The City Council asked to consider a unanimous Planning Commission recommendation to modify by Ordinance 08-028 the definition of "Wayside Stand" in the City Code. That definition, in Section 11.01 of the City Code, presently defines a Wayside Stand as a "temporary structure or vehicle used for seasonal retail sale of agricultural goods produced by the operator of the wayside stand on -site or on other property in Lake Elmo." The proposed revision to be considered would delete from the definition the words "or on other property in Lake Elmo." The recommended action to accomplish this is a follows: SUGGESTED MOTION: Move to adopt Ordinance 08-026 Amending the Definition of Wayside Stand in Section 11.01 of the City Code, pursuant to the unanimous recommendation of the Planning Commission and the denoted findings of fact." BACKGROUND INFORMATION: The current definition of Wayside Stand has been in place for over ten years, during which it has been changed only by adding the word "temporary" and the phrase "or vehicle" to this sentence. In the interim, the City has modified its Zoning Code to increase the types of zoning districts in which a Wayside Stand is a permitted use or structure. Most recently (in 2008) the City added "Wayside Stands" to the list of permitted uses and structures in the Rural Residential (RR) category of zoning districts. At its staff report to the City Council in advance of its December 1, 2009 City Council meeting, City staff recommended that the Planning Commission and City Council add to the 2010 -- page 1 -- City Council Meeting Consideration of Ordinance 08-026 Amending the Definition of "Wayside Stand" July 6th, 2010 Regular Agenda Item # 5 Planning Commission Work Plan the evaluation of certain types of commercial/agricultural uses or practices. As that staff report explained, this would allow the Commission and Council to accomplish several things, including studying options for regulating these uses as a commercial activity and reviewing the differences between wayside stands and seasonal sales; specifically whether or not the sale of produce grown off -site should be allowed. At the December 1 Council meeting, the Council unanimously directed the inclusion of Staff s recommendations in the Planning Department's 2010 Workplan. As a result, in the intervening period, City staff has been researching these issues, reviewing other community ordinances, seeking input from potentially affected stakeholders and other interested parties, and considering alternatives, with the expectation that concrete recommendations would be made by mid-2010. STAFF REPORT: Research has shown that a "produced on the premises" limitation on retail sales in an agricultural district is quite common. Such a limitation reflects that commercial districts (such as the Lake Elmo's General Business district) are a more compatible place for grocery stores and other retail -oriented businesses, but that the sale of a particular piece of produce is often an incidental part of its production. A "produced on the premises" limitation serves to differentiate between agricultural and commercial uses in a way that helps to ensure that, if this type of retail sales occurs outside of a commercial district, it remains just an incidental part of the core agricultural purpose of the district, However, a provision like the City's current definition of "Wayside Stand," which, while not only potentially ambiguous in terms of application and interpretation, is also more generous because it is not limited to the sale of produce grown on -site but currently includes sales of produce grown in the City, is not as common. "Wayside stand" definitions are more often limited to produce grown on the premises. The City understands that there are often better locations for wayside stands than on the very property where the produce was grown, and has, for that reason, been more permissive in its definition. The City's willingness to be more permissive has been misunderstood, by one set of local growers and several actual or potential suppliers, as reflecting an intention to protect local economic interests and to discriminate against out-of-state economic interests. The "on other property in Lake Elmo" language has become a lightning rod for an effort to nullify all current limitations on the retail sale of produce in the agricultural and rural residential zoning districts, Thus, as part of City staff s performance of the responsibilities that the Council directed it to perform at the December 1 meeting, City staff recommends that the Planning Commission and City Council consider an amendment of this type. PLANNING COMMISSION REPORT: At its June 28th, 2010 Meeting, the City of Lake Elmo Planning Commission held a Public Hearing on the proposed modification, deliberated the efficacy of the proposed change, and recommended to the City Council affirmative consideration of such. A brief summary of their deliberation and actions is attached. Of particular note: — page 2 -- City Council Meeting Consideration of Ordinance 08-026 Amending the Definition of "Wayside Stand" July 6th, 2010 Regular Agenda Rem # 5 Two Lake Elmo residents spoke during the Public Hearing, one supporting the proposed change and one expressing opposition. One written comment from the individual who spoke in opposition was also submitted to the Planning Commission; The Planning Commission requested additional information on whether the Code's use of the term "operator" covered both property owner and property renter or leaseholder, Subsequent research by the City Attorney has determined that "operator" would apply to either the property owner or effective party under a valid lease or rental agreement. This has been added to the Findings of Fact for Council consideration; The Planning Commission separated but equally endorsed the proposed recommendation for the City to effect a famers market or equivalent for the City and community of Lake Elmo, cognizant of cost and resource considerations, This proposed action is included in tonight's suggested motion; The Planning Commission requested future consideration of how the City might address the following two potential situations with respect to Wayside Stands: o Community Gardens or communal farming arrangements; and o Common ownership of multiple but non-contiguous parcels and the potential for allowing consolidation of produce from such to a single wayside stand. Subsequent research by the City Attorney and City Staff has determined that the predominant application of such ordinances is based upon specific land parcel and its allowable land use (zoning) and not upon ownership. However, additional investigation may afford for subsequent consideration of an alternative (or additional) approach; The Planning Commission actions were unanimous, with 7 Commissioners voting in the affirmative, no Commissioner voting in the negative, 3 Commissioners absent, and l Commissioner recusing him/herself due to potential apparent or perceived conflict of interest, ADDITIONAL INFORMATION: Cognizant of,the desire of the community to continue to allow reasonable local access to fresh produce through such wayside stands, and recognizing past efforts by the City Council, its Community Improvement Commission, and other community entities to facilitate a farmers' market or similar temporary seasonal sales area, the Planning Commission endorsed staff s recommendation to establish a Lake Elmo Farmers' Market (or equivalent), to allow interested individuals or parties to set up wayside stands and offer fresh produce and related goods to the local community. Such market would operate similar to other farmers' markets and would be located in appropriate available public or private locations. In the near future, staff will also be investigating further revisions to the City's agricultural sales business and agricultural entertainment business regulations in response to the previous direction from the Council; and in particular, will be evaluating how the commercial (and off -site) sale of agricultural products might be incorporated into the City's Zoning Ordinance. As part of this analysis, Staff will be making recommendations to the Planning Commission regarding the -- page 3 -- City Council Meeting Consideration of Ordinance 08-026 Amending the Defmition of "Wayside Stand" July 6th, 2010 Regular Agenda Item # 5 zoning districts and areas that would be most suitable for this type of activity, as well as the appropriate review and permitted prices for such uses. In advance of this review, tonight's amendment to the Wayside Stand definition will help clarify the overall structure of the City's agricultural sales regulations. For Information purposes only: While not scheduled for discussion tonight, by means of background information, the City's definition of Agricultural Sales Business (which applies only in a Rural Residential or Agricultural zoning district), which is also incorporated in the definition of Agricultural Entertainment Business (which applies only in an Agricultural zoning district), presently permits the holder -of a ASB or AEB conditional use permit to engage in the retail sale of fresh fruits, vegetables, flowers, herbs, trees, or other agricultural, floricultural, or horticultural products "produced on the premises." RECOMMENDATION: Staff recommends that the City Council affirmatively Consider the Planning Commission's recommendation of the proposed amendment to the definition of "Wayside Stand," as documented in the attached draft Ordinance. In addition, staff recommends though passage of such affirmation of the Planning Commission's recommendation to pursue establishtnent of a Lake Elmo Farmers' Market (or equivalent), to not only preserve but enhance the current and future offering of fresh produce and related goods to the local community. The suggested motion to undertake this action is as follows: Move to adopt Ordinance 08-026 Amending the Definition of Wayside Stand in Section 11.01 of the City Code, pursuant to the unanimous recommendation of the Planning Commission and the denoted findings grfact." Alternatively, the City Council does have the authority to table this item at its discretion for future consideration, take no action (in essence denying the recommendation), remand this item with or without direction for further staff and Planning Commission evaluation, or amend the recommended action. If the later is done so, the appropriate action of the Council following such discussion would be: Move to adopt Ordinance 08-026 Amending the Definition of Wayside Stand in Section 11.01 of the City Code, pursuant to the unanimous recommendation of the Planning Commission and the denoted findings offact [as amended at tonight's meeting]." ATTACHMENTS: 1. Ordinance 08-026 Amending the Definition of "Wayside Stand" 2. Planning Commission Report — July 1st, 2010 3. June 28th, 2010 Letter from Mr. Keith Bergmann, Country Sun Farm -- page 4 -- City Council Meeting Consideration of Ordinance 08-026 Amending the Definition of "Wayside Stand" July 6th, 2010 Regular Agenda Item # 5 SUGGESTED ORDER OF BUSINESS: Introduction Bruce A. Messelt, City Administrator Report by Staff Kyle Klatt, Planning Director Questions from the City Council Mayor & City Council Public Input, if Appropriate Mayor Facilitates Call for a motion ..... . .......... ......... ..... ....,.......... ....... Mayor Facilitates Discussion of Motion Mayor & City Council Action on Motion Mayor Facilitates -- page 5 -- CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-026 AN ORDINANCE AMENDING THE DEFINITION OF "WAYSIDE STAND" FINDINGS 1, At its Staff report to the City Council in advance of its December 1, 2009 City Council meeting, City staff recommended that the Planning Commission and City Council add to the 2010 Planning Commission Work Plan the evaluation of certain types of commercial/agricultural uses or practices. As that staff report explained, this would allow the Commission and Council to accomplish several things, including studying options for regulating 'these uses as a commercial activity and reviewing the differences between wayside stands and seasonal sales; specifically whether or not the sale of produce grown off -site should be allowed. 2, At the December 1 Council meeting, the Council unanimously directed the inclusion of Staff's recommendations in the Planning Department's 2010 Workplan. 3. As a result, in the intervening period, City staff has been researching these issues, reviewing other community ordinances, seeking input from potentially affected stakeholders and other interested parties, and considering alternatives, with the expectation that concrete recommendations would be made by mid-2010. 4. As the next step of City staff' s performance of the responsibilities that the Council directed it to perform at the December 1 meeting, City staff and the Planning Commission have recommended that City Council begin by amending the definition of "Wayside Stand." 5. Most of the words in the current definition of Wayside Stand (as a "temporary structure or vehicle used for the seasonal retail sale of agricultural goods, floriculture, and horticulture produced by the operator of the Wayside Stand on site or on other property in Lake Elmo") have been in place for over ten years, during which the definition has been changed only by adding the word "temporary" and the phrase "or vehicle" to this sentence. 6. In the interim, the City has modified its Zoning Code to increase the types of zoning districts in which a Wayside Stand is a permitted use or structure. Most recently (in 2008) the City added "Wayside Stands" to the list of permitted uses and structures in the Rural Residential (RR) category of zoning districts. 7. Research has shown that a "produced on the premises" limitation on retail sales in an agricultural or rural district is quite common. Such a limitation reflects that commercial districts (such as the Lake Elmo's General Business district) are a more compatible place for ORDINANCE NO. 08-026 -- page 1-- 7/06.-20 10 grocery stores and other retail -oriented businesses, but that the sale of a particular piece of produce is often an incidental part of its production. 8. Courts and communities have used "produced on the premises" distinctions to differentiate between agricultural and commercial uses in a way that helps to ensure that, if this type of retail sales occurs outside of a commercial district, it remains just an incidental part of the core agricultural purpose of the district. 9. The City's current definition of "Wayside Stand" differentiates between agricultural goods, floriculture, and horticulture produced "on site or on other property in Lake Elmo." That language is more generous to the operator of a wayside stand than a "produced on the premises" distinction. However, it is a less -common way of distinguishing between agricultural and commercial uses. Wayside or roadside stand definitions are more often limited to produce grown on the premises. 10. The presence of the "or on other property in Lake Elmo" distinction in the definition reflects the City's understanding that there are often better locations for wayside stands than on the very property where the produce is grown. Although it was not intended to allow a Wayside Stand to sell produce that the operator has purchased from someone else, the language is sufficiently ambiguous to lead someone to read it that way. 11. A removal of the "on other property in Lake Elmo" will help clarify the overall structure of the City's agricultural sales regulations. 12. The City's willingness to be more permissive in allowing sales from Wayside Stands of produce grown elsewhere in Lake Elmo has been misunderstood by one set of local growers and several actual or potential suppliers, as reflecting an intention to protect local economic interests and to discriminate against out-of-state economic interests. That was not, and is not, the City's intent. Paradoxically, Country Sun Faints, the Lake Elmo business that has used that phrase to claim that the City has created of an unconstitutional "Lake Elmo Only Sales Policy," has opposed the deletion of "or on other property in Lake Elmo" from the "Wayside Stand" definition, because (in the words of one of its owners) "this does not help our city's fanners." 13, In response to an inquiry from a member of the Planning Commission, the Assistant City Attorney has opined that, with or without this change, the "Wayside Stand" definition does not depend on whether the operator of the stand is owning, renting, or leasing the stand or the property where the produce for sale is grown. 14. The Council is cognizant of the desire of the community to continue to allow reasonable local access to fresh produce through such wayside stands. It also recognizes past efforts by the City Council, its Community Improvement Commission, and other community entities to facilitate a farmers' market or similar temporary seasonal sales area. 15. For that reason, in conjunction with this change in the City's zoning regulations, the City Council is endorsing the establishment of at least one farmers market in one of Lake OR D IN AN C F.; NO 8-026 — page 2 - 706/2010 Elmo's commercial or institutional zoning districts, Such a farmers market would to allow interested individuals or parties to set up wayside stands and offer fresh produce and related goods to the local community, without regard to where they are grown. 16. This amendment does not conclude the process for considering revisions to the City's agricultural sales business and agricultural entertainment business regulations. City staff, and then the Planning Commission, will be evaluating how the commercial (and off -site) sale of agricultural products might be incorporated into the City's Zoning Ordinance. Information that has been received at the June 28 Planning Commission regarding agricultural sales in settings other than Wayside Stands will be considered as part of that stage of the process. BASED ON THESE FINDINGS, THE CITY COUNCIL HEREBY ADOPTS THE FOLLOWING ORDINANCE: SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to read as follows: WAYSIDE STAND. A temporary structure or vehicle used for the seasonal retail sale of agricultural goods, floriculture, and horticulture produced by the operator of the WAYSIDE STAND on 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. 08-025 was adopted on this 66 day of July 2010, by a vote of Ayes and Nays. ATTEST: Bruce Messelt City Administrator This Ordinance No 08- 01.1)1NA.NCE NO, 08-026 Mayor Dean Johnston was published on the day of , 2010, -- page 3 — WO 6/20 1 0 MAYOR & COUNCIL MEMORANDUM DATE: July 1st, 2010 SUBJECT: Planning Commission Report on Wayside Stand Discussion SUBMITTED BY: Kyle Klatt, Planning Director THROUGH: Bruce A. Messelt, City Administrator REVIEWED BY: Kelly Matzek, City Planner The Planning Commission considered the proposed amendment at its June 28, 2010 meeting and conducted a public hearing on this matter at that time. Keith Bergmann of Country Sun Farms submitted a written statement and also spoke at the hearing, offering the following comments: • He noted that Country Sun Farms started out as a wayside stand and expanded to the present agricultural sales business. • He expressed concern about not being able to move products from another property. • He stated that a farmer's market is not the answer for everyone in the community, and that it would not work for him to bring his business to a farmer's market. • He stated that the ordinance makes things worse, not better for the public and only better for the City as we are in a lawsuit. Neil Krueger also spoke at the public hearing on this matter and spoke in favor of the ordinance change as proposed. The Commission questioned how the revised definition would apply to someone who is renting a piece of property or smaller plot land, and who would be considered an operator of the stand. The Commission adopted a motion to recommend approval of the proposed amendment with a request that the language concerning the operator of the stand and how to handle rental situations be further clarified by the City Attorney. This motion passed with a 7:0 vote (with one abstention). The Commission adopted a motion directing Staff to conduct additional research concerning non- contiguous parcels and how these situations may relate to wayside stands and to clarify how small community gardens could come together to form a wayside stand. This motion passed with a 7:0 vote (with one abstention). The Commission made a separate motion to recommend that the City Council consider establishing a farmer's market in Lake Elmo and specified that the motion should not commit the City to making any financial commitments or expend other resources at this time. This motion passed with a 4:3 vote (with one abstention), -- page 1 -- June 28, 2010 Dear Planning Commission, *It* I it 201 CITYDFIAXE This letter is in response to the proposal that will be considered at the June 28, 2010 meeting. Country Sun Farm does not agree with the proposal to delete "or on other property in Lake Elmo" from the definition of "Wayside Stand." This does not help our city's farmers. Fatiners who sell goods from their own farms have to be able to supplement their products. Otherwise they will go out of business. Instead, we propose a comprehensive and simple solution. This is amending the definition of "Agricultural Sales Business" by simply deleting the following stricken language: AGRICULTURAL SALES BUSINESS. The retail sale of fresh fruits, vegetables, flowers, herbs, trees, or other agricultural, floricultural, or horticultural products producd on the . The operation may be indoors or outdoors, include pick -your - own opportunities, and may involve 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. This would not lead to undesirable or unsafe farm business practices. Agricultural Sales Businesses would still be regulated by Lake Elmo Code Section 154.110: § 154.110 AGRICULTURAL SALES BUSINESSES. Agricultural sales businesses shall be subject to the following performance standards: (A) Activities shall be limited to those listed within the definition for Agricultural Sales Business. (B) 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-ways or easements. (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 close 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. This would mean. the City can still ensure farms do not pose a danger to the public or create a nuisance, but will enable farms to stay in business when they need to bring in outside products for sale. Sincerely, .4e Keith Bergmann Country Sun Farm cPTvor LAKE ELM AY R COUNCIL COMMUNICATION DATE: 7/6/10 REGULAR ITEM #: 6 DISCUSSION/MOTION AGENDA ITEM: Home Occupations Ordinance No. 08-027 SUBMITTED BY: Danielle Bailey, Planning Intern THROUGH: Lake Elmo Planning Department Bruce Messelt, City Administrator REVIEWED BY: Kelli Matzek, Planner SUMMARY AND ACTION REOUESTED: The City Council is asked to review and provide Staff with feedback on a revised draft of Lake Elmo's Home Occupation regulations. This issue has been ongoing since 2004 with significant discussion (see Horne Occupation Timeline) and was tabled by the City Council on July 18, 2006. Staff is providing the Council with a Timeline of the Home Occupation Ordinance, Draft Planning Commission minutes from June 28, 2010, Ordinance No. 08-027, and Resolution No. 2010-024 (necessary for summary publication). If it is desirous by the Council to further discuss this ordinance given its complexity and history, the City Council may schedule additional time for future discussion and consideration. BACKGROUND INFORMATION: The Planning Commission has made the following changes and decisions to the City Council's tabled 2006 Home Occupation Ordinance: • Home Occupations will be defined by two subtypes: Home Offices and Home Based Businesses. • Home Based Businesses should have a Home Based Business Permit that is monitored by the staff using an application procedure. Exceptions to the Home Occupation Ordinance include Agricultural Sales, Garage Sales, Licensed Residential Facilities, and Merchandise Sales. • A Garage Sale provision and a Merchandise Sales provision were added to the definition section. • Storage will not be limited by size. • The hours of operation for Home Based Businesses shall be between 7:00 a.m. and 10:00 p.m. • Home Based Businesses shall require the signature of the property owner. The City Council originally sent back a draft of the Home Occupation Ordinance noting that one deficiency was that the size of storage was unregulated. The Planning Commission took note of -- page 1 -- City Council Meeting Home Occupations Ordinance No. 08-027 7-6-2010 Regular Agenda Item #6 that comment and after several discussions and several votes; a non -unanimous majority concluded that it would be unwise to regulate what happened within the residential or accessory structures if nuisances to surrounding properties could be abated by the other provisions in the Home Occupation Ordinance. STAFF REPORT: The Home Occupation Ordinance is currently out of date. It is only referenced in the definition section of the City Code, does not address garage sales or merchandise sales, and provides no review process to evaluate how intrusive a Home Occupation is on surrounding property. Now that more and more individuals are beginning to use Horne Occupations it is becoming a necessity to update the Lake Elmo's regulation in order to provide better guidance on the proper usage of Home Occupations. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council discuss and, if appropriate, adopt Ordinance No. 08-027 by undertaking the following action: Move to approve Ordinance 08-02 7 regarding Home Occupations and related definition sections." Alternatively, the City Council may schedule additional time for future discussion and consideration, ATTACHMENTS: 1. Horne Occupation Timeline 2, June 28, 2010 Planning Commission Minutes --DRAFT 3. Ordinance No. 08-027 4. Resolution No. 2010-024 SUGGESTED ORDER OF BUSINESS: Introduction of Item .......... ...,...... ...... ............... ............... Report/Presentation ..... City Administrator Danielle Bailey Questions from Council to Staff ........... ................. ...„, .... Public Input, if Appropriate Call for Motion Discussion Actionon Motion..,....... ........ . ..... , ..... .......................... ..... .... Mayor Facilitates Mayor Facilitates Mayor & City Council Mayor & City Council . Mayor Facilitates -- page 2 -- Home Occupation Timeline June 28, 2010—Planning Commission recommended approval of the Home Occupation Ordinance to the City Council April 12, 2010—Planning Commision made the following decisions with regard to Home Occupations: o Horne Occupations will be defined by two subtypes; Horne Offices and Home Based Businesses. o Horne Based Businesses should have a Home Based Business Permit that is monitored by the staff using an application procedure. o Home Offices should be regulated by performance standards. o Exceptions to the Horne Occupation Ordinance should include garage sales, licensed facilities, and agricultural sales. o A Garage Sale provision should be added to the definition section. March 22, 2010--Planning Commission made the following decisions with regard to Home Occupations: o They wanted separate regulations and definitions for home offices and home based businesses and wanted to return to the old planning commission draft as a starting point. o Degree of storage should not be limited for any home occupation. o Home offices would not have a permit and home based businesses would require a Special Home Occupation Permit. o Signs would not be permitted for any home occupation March 8, 2010—Planning Commission reopened discussion on the Home Occupation Ordinance July 18, 2006—City Council o Tabled discussion June 12, 2006—Planning Commission made revisions to the recommended ordinance o Made the following changes: • Degree of storage should not be limited • Two non-resident employees are allowed in a home -based business • Annual license renewals is not needed • Three business related vehicles are allowed at any time (parked off street) • Limited visits from 10 to 5 per day • Deliveries limited to 6 trips daily June 6, 2006—City Council workshop o Made a draft ordinance March 27, 2006—Planning Commission Public hearing o Concern over stock and trade being limited because of invasion of privacy o Concern over how to address adverse impacts on adjacent property March 13, 2006—Planning Commission Public Hearing o Discussed Shoreview ordinance o Discussed the definition currently in use and suggested splitting it into two categories: home based business, and home office o Discussed difference between seasonal and year long businesses o Discussed deliveries November 14, 2005—Planning Commission o Discussed Shoreview Ordinance and created a table o Discussed accessory structures o Discussed licensing o Discussed distinction between land uses October 24, 2005—Planning Commission o Discussed traffic concerns o Discussed exterior visibility of business March 14, 2005—Planning Commission o Home occupations discussed under a zoning text amendment m Was amended to include RR zoning February 28, 2005—Planning Commission o Set up schedule for March 14, 2005 text amendment, and suggest tabling rest of the issue February 7, 2005 City Council, Home Based Business Workshop City of Lake Elmo Planning Commission Meeting Minutes of June 28, 2010 Vice Chair Fliflet called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Bidon, Britz, Fliflet, Hall, Pearson, Pelletier, Williams, and Ziertman. Absent: McGinnis, Van Erem and Van Zandt. STAFF PRESENT: City Administrator Messelt, City Attorney , Attorney Attorney , Planning Director Klatt, Planner Matzek, and Planning Intern Bailey. Agenda M/S/P, Hall/Willianas, move to approve the agenda as presented. Vote: 8:0. Minutes — May 10, 2010 Commissioner Hall asked for Mr. Freeman's statement on page fourtolke clarified. M/S/P, Williams/Pearson, move to approve the minutes as revised. Vote:;#:0. Abstained: Public Hearing — Home Occupation Ordinance Planning Intern Bailey gave the history on the evolution ;pf the proposed ordinance and explained the ordinance changes fronfilic.last time the commission reviewed the ordinance. She identified typos previously presented to her hYjC:oirimissioner Williams. .• Commissioner Williams asked how a wayside stand Wonlinie reviewed in relation to the home occupation ordinance: Planning Intern Bailey:said the Ordinance would,explicitly exclude wayside stands. Vice Chair Flifletasked to have the ena:k5pthesentence striken in the garage sale definition so if wouldn't be repetitive and the meaning wouldn't change. She asked how holiday;$outiques wciiildifit into the,clefinition of garage sales. Commissioner Pelletier suggested private parties such as candle parties should not be limited to twiee.a year like tr,public garage sale, She asked what the previous discussion was regarding limiting storage for home occupations. Planning Intern Bailersaid the commission had discussed it at length at a past meeting and the majority of the commission voted to not regulate the amount of storage allowed. THE VICE CHAIR OPENED THE PUBLIC HEARING AT 726 P.M. No one spoke, THE VICE CHAIR CLOSED THE PUBLIC HEARING AT 7:27 P.M. Commissioner Pearson asked if renters should be allowed to conduct a home occupation. Planning Director Klatt suggested requiring the property owner to sign the application form. M/F, Williams moved to approved the draft including the corrections in subdivision five where additional language should be added requiring a property owner's signature on a home occupation permit. Motion failed for a second. Commissioner Ziertman suggested hours of operation are added to the ordinance. A straw vote was taken and a. majority voted for 7 a.m. to 10 pnen days a week. Vice Chair Flifiet asked that the following language be added to he exception section: "This ordinance does not pertain to licensed day carefaekties aii*eyare licensed by the State," Commissioner Ziertman asked ifthe code in residential areas. lilted the type or size ofvehio1esa11owed Planning Director Klatt stated that the specific section of eode could be referenced in the home occupation ordinance. Commissioner Pelletier said she is uneasy about riOrT of storage associated with a home based blisineSs. A straw vote was held in favthiptthe currentlydrafied wording regarding storage. Six commissioners were°' nleavingAe text as wriiten.. Two opposed: Ziertman and Pelletier. - 4 atiorr'the amount and location Commissibrier'Ziertinan suggested taking out "seasonal goods" from the definition. A stidikrote was taken and:a majority voted in favor of creating a second definition and removing 1Seasonal goods' from the garage sale definition. Commissioner liasuggested the sales could be defined as public and private with different requirements. ,He said public sales, like garage sales, could be allowed twice a year for three days Oa whereas private sales, like a Mary Kay party, could be unlimited. M/S/P, move to recommend approval of the ordinance as amended with the understanding that staffwill circulate potential rewording of the definitions, Pelletier suggested a friendly amendment that the straw votes and discussion of the commission on the topic be passed along to the City Council. Vote: 8:1, Ziertman against as she believes it is a mistake not to regulate the storage size. 2 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-027 AN ORDINANCE ADDING HOME OCCUPATION REGULATIONS TO THE CITY CODE SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to eliminate existing definitions as follows: z1udz barber 3 p SECTION 2. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to add the following definitions in alphabetical order with the already existing definitions: Garage Sales. Any isolated or occasional display and sale of used personal property or home -crafted items conducted on residential premises by the occupant of the residential property. Garage sales shall include rummage sales, basement sales, yard sales, porch sales, craft sales, and seasonal boutiques. Garage sales are limited to no more than two (2) sales per calendar year at any one property. Such sale cannot exceed three (3) consecutive calendar days. Home Based Business. A home occupation that does not meet the definition of home office either because it allows non-resident employees, additional parking, or customer visits. Home Occupation. Any occupation, profession or trade engaged in by the occupant of a residential dwelling unit, which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises. There are two types of home occupations: home offices and home based businesses. Home Office. A home occupation which consists primarily of an office or home crafts. It includes, but is not limited to, receiving or initiating correspondence, such as phone calls, mail, fax, or e-mail; preparing or maintaining business records; word or data processing; and telephone, mail order, and off -premise sales. Merchandise Parties. Private parties held for the purpose of soliciting sales. Merchandise parties shall include but not be limited to Tupperware, Mary Kay, and Avon parties. Merchandise parties shall be limited to no more than six (6) sales per year from a residential dwelling unit. SECTION 3. The City Council of the City of Lake Elmo hereby adds 154.112: Land Usage; Chapter 154: Zoning Code, by adding the following language: § 154.112 Home Occupations. (A) Purpose and Intent. The City of Lake Elrno recognizes the desire and/or the need of some citizens to use their residences for business activities. The City also recognizes that the use of residences for limited business purposes may result in a reduction of vehicle trips on City streets as well as economic benefit to City residents. It is therefore the purpose and intent of this Section to allow the use of residences for limited business purposes while regulating such business use in a manner that precludes such business use from becoming a nuisance to neighboring residential property owners, and while preserving the distinction between residential and commercial zoning districts. (B) Home Based Business and Home Office. Permits responsive to this Section shall be applicable to Home Based Businesses, but not to Home Offices, as both are defined by Section 150 of this City Code. (C) Administrative Enforcement. (1) Home Based Business Permit. Any Home Based Business shall require a "Honae Based Business Pei Permits shall not run with the land and shall not be transferrable. A complete application, including the signature of the property owner, shall be submitted to the City. The planning department may impose such conditions on the granting of a Home Based Business Pennit as may be necessary to carry out the purpose and provisions of this Section. (2) Review. The planning department shall approve or deny Home Based Business Permit applications upon receipt of a complete application. If the permit is denied, the planning department will send a written notice of denial to the applicant. The written notice will indicate the reason(s) for denial and a description of the applicant's appeal rights as indicated in section 31.10 (D) Home Office Performance Standards. Home Offices must meet the following Performance Standards: (1) Residency. A full-time resident of the property must conduct the home office. (2) Impact on Adjacent Properties. The Horne Office shall have no adverse effect on adjacent properties which shall include but is not limited to traffic or offensive noise, light, odor, dust, electro-magnetic interference or other noxious substances, as may be defined elsewhere in the City Code. (3) Exterior Appearance. There shall be no exterior evidence, including signs advertising the home occupation, that a building is being used for any purpose other than as a residential dwellingor permitted accessory structure. (4) Number of Businesses. More than one Horne Office is allowed, however the combined impact shall be considered when evaluating if it meets the requirements of a Home Office. (5) Non-resident Employees. No non-residents may work on the site. (6) Customer Visits to Site. The general public shall not come to the premises in question for purposes pertaining to the conduct of the Horne Office. (7) Deliveries to Site. No more than six (6) delivery/pickup trips per week. Delivery vehicles shall not be larger than a typical residential delivery truck. (8) Storage. Any merchandise or stock in trade sold, repaired, or displayed shall be stored entirely within the residential structure, garage, or an accessory building. (D) Home Based Business Performance Standards. Review of applications for Home Based Business Permit and subsequent determinations regarding revocation of a Horne Based Business Permits shall be based on the initial and continued compliance of a Home Based Business on the following Performance Standards: (1) Residency. A full-time resident of the property must conduct the business. (2) Impact on Adjacent Properties. The Home Based Business shall have no adverse effect on adjacent properties which includes but is not limited to traffic or offensive noise, light, odor, dust, electro-magnetic interference or other noxious substances, as may be defined elsewhere in the City Code. (3) Exterior Appearance. There shall be no exterior evidence, including signs advertising the home occupation, that a building is being used for any purpose other than as a residential dwelling or permitted accessory structure. (4) Number of Businesses. More than one Home Based Business is allowed, however the combined impact shall be considered when evaluating the terms of the Home Based Business Permit. (5) work on the site. Non-resident Employees. Not more than two (2) non-residents may (6) Business Vehicles. A maximum of three (3) business vehicles may be on site at any time, and the vehicles must be parked off-street at all times. No parking shall replace the required parking of the residents. Said vehicles must be in compliance with section 154.095 in the City Code regarding the maximum size of vehicles permitted to be parked in residential zones. (7) Customer Visits to Site. Permitted only where specified by the Home Based Business Peiniit, and shall be limited to a maximum of five (5) per day. (8) Deliveries to Site. No more than six (6) delivery/pickup trips per week. Delivery vehicles shall not be larger than a typical residential delivery truck. (9) Storage. Any merchandise or stock in trade sold, repaired, or displayed shall be stored entirely within the residential structure, garage, or an accessory building. (10) Off -Street Parking. When customer site visits are specifically allowed by the Horne Based Business Permit, adequate Off -Street Parking must be provided for customers and for those who reside on the premises. All required parking spaces shall be in compliance with section 154.095 in the City Code. (11) Hours of Operation. Home Based Businesses can only have non- resident employees at the site, deliveries to the site, or customer visits to the site between the hours of 7:00 a.m. to 10:00 p.m. seven (7) days a week. (E) Exceptions. Horne Occupations do not pertain to Agricultural Sales, Garage Sales, Licensed Residential Facilities, or Merchandise Parties. SECTION 4. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo, SECTION 5. Adoption Date This Ordinance No. 08-027 was adopted on this 6tfl day of July 2010, by a vote of Ayes and Nays. Mayor Dean Johnston ATTEST: Bruce Messelt City Administrator This Ordinance No 08-027 was published on the day of 2010. CITY OF LAKE ELMO RESOLUTION NO. 2010-032 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08-027 BY TITLE AND SUMMARY WHEREAS, the City Council of the City f LakeElmo has adopted Ordinance No. 08-027, an ordinance to update the existing city code to improve home occupation regulations; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Administrator shall cause the following summary of Ordinance No. 08-027 to be published in the official newspaper in lieu of the entire ordinance: The City Council of the City of Lake Elmo has adopted Ordinance No. 08-027 which adds new regulations to the city code for the regulation of Home Occupations. This new regulation will apply to all Home Offices and Home Based Businesses, but does not pertain to Agricultural Sales, Garage Sales, Licensed Residential Facilities, or Merchandise Parties, The full text of Ordinance No, 08-027 is available for inspection at Lake Elmo city hall during regular business hours. Mayor Dean Johnston BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance in his office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Dated: July 6, 2010. Mayor Dean Johnston ATTEST: Bnice A. Messelt City Administrator (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 7/06/2010 PUBLIC HEARING ITEM # 7 MOTION Resolution 2010-033 Drainage and Utility Easement Vacation — 11950 21 Street North Kyle Klatt, Planning Director Bruce Messelt, Cit Administratot Kelli Matzek, City Planner Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REOUESTED: The City Council is asked to convene a Public Hearing and then, following this, consider a request from Richard and Elizabeth Heath, 11950 21st Street North, to vacate a portion of an existing drainage and utility easement on their property and to further accept the dedication of a new easement on this property to replace the one being vacated. This request has been made to comply with a condition of the Variance that was recently granted for this property. The recommended motion to act on this is as follows: SUGGESTED MOTION: "Move to adopt Resolution No. 2010-033 vacating a drainage and utility easement and dedicating a new easement over a portion of Lot 1, Block 1 of Eden Park 2nd Addition" BACKGROUND INFORMATION: The City Council approved a variance request by the applicants on June 1, 2010 that allowed them to remove an existing attached garage on the property and to replace it with a new garage with living space above it. The old garage had been built in the early 1980's over a portion of the 30-foot wide drainage and utility easement that follows the eastern property line. The new garage will be moved further away from the property line, but would still encroach slightly into the easement area. In order to address the past encroachment issues and to provide some additional benefit to the City, the applicant has proposed to dedicate a new easement over all portions of their property below the 100-year flood elevation. This new dedication is consistent with the City's storm water and erosion control ordinance and would provide the City an easement over a larger portion of the site than presently exists. The proposed action to vacate and rededicate easements over the applicant's property will not significantly alter the original intent of the 30-foot wide easement, and should actually be more consistent with the City's current regulations since all the easement would cover all portions of -- page 1 -- City Council Meeting Heath DU Easement Vacation/Dedication July 6th, 2010 Regular Agenda Item #7 the site that are subject to regulation under the Flood Plain Management Ordinance. Please note that prior to taking action on a request to vacate an easement, the City Council must conduct a public hearing in accordance with State Statutes. Notice of a public hearing has been published in the local paper arid.was mailed to all property owners within Eden Park rd Addition. RECOMMENDATION: Based upon the above background information and findings documented in the attached Resolution No. 2010-033, Staff recommends that the City Council approve the request to vacate an existing drainage and utility easement over a portion of Lot 1, Block 1 Eden Park 2nd Addition as described in the attached materials and to further accept the dedication of a new drainage and utility easement over the same property and also as described in the attached materials.. "Move to adopt Resolution. No. 2010-033 vacating a drainage and utility easement and dedicating a new easement over a portion of Lot 1, Block 1 of Eden Park rd Addition" Alternatively, the City Council may consider denial of the request if it can make findings that the proposed vacation and rededication is not in the public interest. To do so, the following alternative motion should be used: "Move to deny the vacation of a drainage and utility easement and dedication of a new easement over a portion of Lot 1, Block 1 of Eden Park rd Addition, based upon the following findings of fact [as articulated at tonight's meeting]." ATTACHMENTS: 1. Resolution No. 2010-033 2. Notice of Completion of Vacation Proceeding 3, Easement Conveyance Agreement 4. Easement Descriptions 5, Site Plan Depicting Areas to be Vacated and Dedicated SUGGESTED ORDER OF BUSINESS: introduction of Item ........ ........... ....... . .......... ....... ........... City Administrator Report/Presentation Planning Director Questions from Council to Staff Mayor Facilitates Open the Public Hearing Mayor Facilitates Close the Public Hearing ........ ........... ..... ..... . ...... . ............. Mayor Facilitates Call for Motion Mayor & City Council Discussion............. ................................ . ............ Mayor & City Council Action on Motion Mayor Facilitates — page 2 — STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO RESOLUTION NO. 2010-033 A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT AND DEDICATING A NEW EASEMENT OVER A PORTION OF LOT 1, BLOCK 1, EDEN PARK 2ND ADDITION THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Lake Elmo has received a request for a Variance from Richard Heath, 11950 21st Street North, to allow the construction of an addition to an existing residence that would be set back 115 feet from the Ordinance High Water Elevation of Down's Lake WHEREAS, the City Council approved the Variance at its June 1, 2010 meeting subject to the vacation of a portion of the existing and rededication of a new drainage and utility easement to be located at or above the 100-year flood elevation ofDowns Lake; and WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute §412.851 to vacate a portion of the existing drainage and utility easement over Lot 1, Block 1 of Eden Park 2"d Addition described as follows: The 30.00 foot wide drainage easement along the east line of Lot 1, Block 1, EDEN PARK 2ND ADDITION, according to the plat thereof on file and of record in the Office of the County Recorder, Washington County, Minnesota, more particularly described as follows: The east 30.00 feet of said Lot 1 lying northerly of the south 12.00 feet and southerly of the survey line and drainage easement line shown on said EDEN PARK 2ND ADDITION and described as follows: Commencing at the southeast comer of said Lot 1; thence North 00 degrees 51 minutes 47 seconds West, bearings oriented to said EDEN PARK 2ND ADDITION, along the east line of said Lot 1, a distance of 255.00 feet, to the point of beginning of the survey line to be described; thence South 85 degrees 46 minutes 58 seconds West a distance of 119.19 feet and said line there terminating. WHEREAS, an associated request has been made to the City Council to dedicate a new drainage and utility easement over Lot 1, Block 1 of Eden Park 2"d Addition, described as follows: That part of Lot 1, Block 1, EDEN PARK 2ND ADDITION, according to the plat thereof on file and of record in the Office of the County Recorder, Washington County, Minnesota, described as follows: Beginning at the southeast corner of said Lot 1; thence westerly along the south line of said Lot 1 a distance of 18.00 feet along a curve concave to the south, having a radius of 330.00 feet, a central angle of 03 degrees 07 minutes 31 seconds, and the chord of said curve bears North 83 degrees 41 minutes 49 seconds West; thence North 09 degrees 02 minutes 25 seconds West a distance of 85.37 feet; thence North 05 degrees 50 minutes 42 seconds East a distance of 73.42 feet; thence North 33 degrees 30 minutes 28 seconds West a distance of 10.06 feet; thence North 84 degrees 09 minutes 18 seconds West a distance of 11.31 feet; thence North 04 degrees 14 minutes 14 seconds West a distance of 83.17 feet to the southerly line of a drainage easement as shown on said EDEN PARK 2ND ADDITION; thence North 85 degrees 46 minutes 58 seconds East, along said southerly line, a distance of 119.19 feet to the east line of said Lot 1; thence South 00 degrees 51 minutes 47 seconds East, along said east line, a distance of 255.00 feet to the point of beginning. WHEREAS, the City Clerk reviewed and examined the signatures on said request and determined that such signatures constituted all of the landowners abutting upon the portion of easement to be vacated and rededicated; and WHEREAS, a public hearing to consider the vacation and rededication of the drainage and utility easement was held on the 6th day of July 2010 before the City Council in the Lake Elmo City Hall located at 3800 Laverne Avenue North at 7:00 p.m. or shortly thereafter after due published and posted notice had been given, as well as personal mailed notice to all property owners within Eden Park 2nd Addition by the City Clerk on the 30th day of June 2010 and all interested and affected persons were given an opportunity to voice their concerns and be heard; and WHEREAS, the Council in its discretion has determined that the vacation will benefit the public interest because: 1) A detached accessory building had been constructed on this lot in 1981 over a portion of the drainage and utility easement. This building will be removed and replaced with a new structure that is located outside of the proposed easement area, 2) The new easement will cover a larger portion of the property and will incorporate all portions of the site that are located below the 100-year flood elevation of Down's Lake, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request for vacation of an existing and dedication of a new drainage and utility easement is hereby granted in accordance with the property descriptions provided above. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign all documents necessary to effectuate the intent of this resolution. Adopted by the Council this 6th day of July 2010. Effective Date: Dean A. Johnston, Mayor Brett Emmons, Council Nicole Park, Council Steve DeLapp, Council Anne Smith, Council AYES NAYS Approved: Dean A. Johnston, Mayor Attested by: Bruce Messelt, City Administrator NOTICE OF COMPLETION OF VACATION PROCEEDING TO: AUDITOR -TREASURER, WASHINGTON COUNTY, MINNESOTA: PLEASE TAKE NOTICE, that the City of Lake Elmo has completed proceedings for the vacation of the following described Drainage and Utility Easements in the City of Lake Elmo, Washington County, Minnesota: The 30.00 foot wide drainage easement along the east line of Lot 1, Block 1, EDEN PARK 2ND ADDITION, according to the plat thereof on file and of record in the Office of the County Recorder, Washington County, Minnesota, more particularly described as follows: The east 30.00 feet of said Lot 1 lying northerly of the south 12.00 feet and southerly of the survey line and drainage easement line shown on said EDEN PARK 2ND ADDITION and described as follows: Commencing at the southeast corner of said Lot 1; thence North 00 degrees 51 minutes 47 seconds West, bearings oriented to said EDEN PARK 2ND ADDITION, along the east line of said Lot 1, a distance of 255.00 feet, to the point of beginning of the survey line to be described; thence South 85 degrees 46 minutes 58 seconds West a distance of 119.19 feet and said line there terminating. Said proceeding was completed on the 6'1' day of July, 2010. The only lands affected thereby are the lands within the above -described drainage and utility easement. Dated at the City of Lake Elmo this day of CITY OF LAKE ELMO Bruce Messelt City Administrator , 2010. EASEMENT THIS INSTRUMENT is made by Richard Heath and Elizabeth Heath, husband and wife (Grantors) in favor of the City of Lake Elmo, a Minnesota municipal corporation (Grantee). Recitals A. Grantors are the fee owners of the following described property in Washington County, Minnesota (the "Property"): Lot 1, Block 1, Eden Park 2nd Addition B. Grantors desire to grant to the Grantee easements, according to the terms and conditions contained herein. Terms of Easements 1. Grant of Easements, For good and valuable consideration, receipt of which is acknowledged by Grantors, Grantors grant and convey to the Grantee the following easements: A perpetual easement for drainage and utility purposes over, under, across and upon that part of Washington County, Minnesota, which is described as follows: That part of Lot 1, Block 1, EDEN PARK 2ND ADDITION, according to the plat thereof on file and of record in the Office of the County Recorder, Washington County, Minnesota, described as follows: Beginning at the southeast corner of said Lot 1; thence westerly along the south line of said Lot 1 a distance of 18.00 feet along a curve concave to the south, having a radius of 330.00 feet, a central angle of 03 degrees 07 minutes 31 seconds, and the chord of said curve bears North 83 degrees 41 minutes 49 seconds West; thence North 09 degrees 02 minutes 25 seconds West a distance of 85.37 feet; thence North 05 degrees 50 minutes 42 seconds East a distance of 73.42 feet; thence North 33 degrees 30 minutes 28 seconds West a distance of 10.06 feet; thence North 84 degrees 09 minutes 18 seconds West a distance of 11.31 feet; thence North 04 degrees 14 minutes 14 seconds West a distance of 83.17 feet to the southerly line of a drainage easement as shown on said EDEN PARK 2ND ADDITION; thence North 85 degrees 46 minutes 58 seconds East, along said southerly line, a distance of 119.19 feet to the east line of said Lot 1; thence South 00 degrees 51 minutes 47 seconds East, along said east line, a distance of 255.00 feet to the point of beginning. 2. Scope of Easement. The perpetual easements granted herein include the right of the Grantee, its contractors, agents, and employees to enter upon the aforesaid easement tracts at all reasonable times for the purposes of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the described easement tracts public drainage and utilities over, across, through and under the lands described together with the right to excavate and refill ditches and/or trenches for the location of said public utilities and drainage. The easements granted herein also include the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation as in the (irantee's judgment unreasonably interfere with the easements or facilities of the Grantee, its successors or assigns. 3. Warranty of Title. The Grantors warrant they are the owners of the Property and have the right, title and capacity to convey the easements herein to the Grantee. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement areas or Property prior to the date of this instrument. 5. Bindinu Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantors, their heirs, personal representatives, successors and assigns. STATED DEED TAX DUE HEREON: NONE. Dated this day of 2010. STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2010, by Grantor. Notary Public NOTARY STAMP OR SEAL P.I.D. # 24-029-21-44-0008 11950 21st Street North Folz, Freeman, Erickson, c, LAND PLANNINO • SURVEYING ENGINEERING June 10, 2010 Proposed Description for Vacation of Existing Drainage Easement The 30.00 foot wide drainage easement along the east line of Lot 1, Block 1, EDEN PARK 2ND ADDITION, according to the plat thereof on file and of record in the Office of the County Recorder, Washington County, Minnesota, more particularly described as follows: The east 30,00 feet of said Lot 1 lying northerly of the south 12.00 feet and southerly of the survey line and drainage easement line shown on said EDEN PARK 2ND ADDITION and described as follows: Commencing at the southeast corner of said Lot 1; thence North 00 degrees 51 minutes 47 seconds West, bearings oriented to said EDEN PARK 2ND ADDITION, along the east line of said Lot 1, a distance of 255.00 feet, to the point of beginning of the survey line to be described; thence South 85 degrees 46 minutes 58 seconds West a distance of 119.19 feet and said line there terminating. Proposed Description for Conveyance of Proposed Drainage Easement That part of Lot 1, Block 1, EDEN PARK 2ND ADDITION, according to the plat thereof on file and of record in the Office of the County Recorder, Washington County, Minnesota, described as follows: Beginning at the southeast corner of said Lot 1; thence westerly along the south line of said Lot 1 a distance of 18.00 feet along a curve concave to the south, having a radius of 330.00 feet, a central angle of 03 degrees 07 minutes 31 seconds, and the chord of said curve bears North 83 degrees 41 minutes 49 seconds West; thence North 09 degrees 02 minutes 25 seconds West a distance of 85.37 feet; thence North 05 degrees 50 minutes 42 seconds East a distance of 73.42 feet; thence North 33 degrees 30 minutes 28 seconds West a distance of 10.06 feet; thence North 84 degrees 09 minutes 18 seconds West a distance of 11.31 feet; thence North 04 degrees 14 minutes 14 seconds West a distance of 83.17 feet to the southerly line of a drainage easement as shown on said EDEN PARK 2ND ADDITION; thence North 85 degrees 46 minutes 58 seconds East, along said southerly line, a distance of 119.19 feet to the east line of said Lot 1; thence South 00 degrees 51 minutes 47 seconds East, along said east line, a distance of 255.00 feet to the point of beginning, 12445 55th Street North, Lake Ehno, MN 55042 • Phone; (651) 439.-8833 • F8.70 (651) 430-9331 • Website; www.ffe-ine,com Bruce A. Fobs, LS Timothy]. Freeman, LS ToddA. Maw 1939 2001 RIPtiPal Principal n' HEATH EXHIBIT Easement Vacation - Conveyance Prepared For: Richard Heath 1 1950 21st Street North Lake Elmo, rvIN 55042 NOTES 1) ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM 1988. 2) ORIENTATION OF THIS BEARING SYSTEM iS BASED ON THE RECORDED PLAT OF EDEN PARK 2ND ADDITION. Parcel Legal Description: Lot 1, Block 1, EDEN PARK 2ND ADDrnoN according to the plat thereof on Mc and of record in the Office of the County Recorder, Washington County, Minnesota. Proposed Description for Vacation of Drainage Easement olz, Freeman, Erickson, Inc. LAND PLANNING • SURVEYING • ENGINEERING 12445 55TH STREET NORTH LAKE ELMO, MINNESOTA 55042 Phone (651) 439,8833 Fax (651) 430,9331 LEGEND • DENOTES FOUND MONUMENT. MARKED LS 9232 DENOTES EXISTING 2 FOOT CONTOUR DENOTES EXISTING 10 FOOT CONTOUR DENOTES PROPOSED ADDITION (.:Z> DENOTES SPOT ELEVATION The 30.00 foot wide drainage easement along the east line of Lot 1, Block I. EDEN PARK 2ND ADDITION. according to the plat thereof on file and of record in the Office of the County Recorder. Washington County, Minnesota. more particularly described as follows: The east 30,00 feet of said Lot I lying northerly of the south 12.00 feet and southerly of thc following described line: Commencing at the southeast corner of said Lot 1; thence Noah 00 degrees51 minutes 47 .seccmds West, bearings orient,..-(1 to said EDEN P,kR.K 2N1) ADDITION. along the east line of said Lot 1. a distance 0'1255.00 feet. to the point of beginning of the line to he described; thence South 85 degrees 46 minutes 58 seconds West a distance of 119,19 feet and said line there terminating. Proposed Description for Conveyance of Drainage Easement That part ,,r Lot 1, Block 1. EDEN PARK 2ND ,ADDITION. according to the plat thereof on Ole and of record in the Office of the County Recorder, Washington County. MinncsoLa. described as follows: 13eginning at the southeast comer of said Lot I; thence westerly along the south line of said Lot 1 a distance of 18.00 feet along a curve concave to the south. having a radius of 330.00 feet, a central angle of ((3 degrees 07 minutes 31 seconds. and the chord of said curve bears North 83 degrees 41 minutes 49 seconds West; thence North 09 degrees 02 minutes 25 seconds West a distance of 85.37 feet: thence North 05 degrees 5(1 minutes 42 seconds East a distance of 73.-12 feet: thence North 33 degrees 30 minutes 28 seconds West a distance of 10.06 feet; thence North 84 degrees 09 minutes 18 seconds West a distance of 11.31 feet: thence North 04 degrees 14 minutes 14 seconds West a disumee of 83,17 feet to the southerly line (if a drainage easement as shown on said EDEN PARK 2N1) .ADDITION; thence North 85 degrees 46 minutes 58 seconds East. along said southerly line, a distance of 119.19 feet to the east line of said Lot 1; thence South 00 degrees 51 minutes 47 seconds East. along said east line. a distance of 255.00 feet to the point of beginning. 845E F-400,0 ELEVATION PER FEMA FIRM MAP PkvE4 171630355E 893 FEET ORIGINAL SCALX 1 RCN 40 MET 10 20 SCALE N MET (1; 2' S 8,9'25116" w Revisions: June 10. 2010 Revise proposed easement description and exhibit, Include all areas up to 100 flood elevation, Add drainage pipe and explain 10 lbot arca is included. .218.0.1 L AKE 0 WNS frVASCi= ae.1.;;v,vE t-,45c.41.927 _ LwE Pis :e IOEU = -1"-Air44Effr PER L94-N PARK _ _ 2A7,;(1 AOOITION. 11.55m,g5i37; ARE40 58,966 Sarm/ez Far (E,3E) L= 13337 5c jo CHB 6°1.9 .0 7 "W vVe55 •0 9 id h, " a _ix15710 • r42€ Azz IV. Ouray A PER Pear EDEN PARK2,D .4,901710A/ Area to he vacated 7.206 Sq. Ft. Area to he conveyed 7,582 Sq. Ft, Ef). A Z.),74- floe.-), S474., Ps.- 0.7-5 8,777/ez.7., IV).77.)7, 7: 12 1-;47- /t.w 12/XeTre T. =4,4 di77....?, DfacAw 0. eptiV PAQ' IND .4.012,7Z/V pipe; .5-r00.4 =---Sear.,147;43-1_,C,RA:44 LOT ./ 5 Map No. 10-122 EXHIBIT 2010 ---- Folz, Freeman. Erickson. Inc.-- All Rights Resented MAYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE,: REGULAR ITEM #: DISCUSSION 7/06/2010 Unsewered Area Population Projections and Density Analysis — Review of 2030 Comprehensive Plan Information Kyle Klatt, Planning Director Bruce Messelt, City Administra Kelli Matzek, City Planner Daniele Bailey, Planning Intern SUMMARY AND ACTION REOUESTED: The City Council is asked to review the housing and population projections from the Lake Elmo Comprehensive Plan, and to specifically discuss the status of these projections as they relate to the City's rural (unsewered) development areas. Staffhas attempted to expand upon the population projection chart from the Comprehensive Plan (page III-17) to provide additional information concerning the number and locatiori of both sewered and unsewered households throughout the time period addressed by the Plan. The attached charts contain a significant amount of information that will be more thoroughly discussed at the City Council meeting on July 6th. No Council Action is requested at this time, though direction regarding further analysis/refinement is requested, as appropriate. REVIEW OF COMPREHENSIVE PLAN PROJECTIONS: One of the attached charts developed by Staff provides information on the population and number of households in Lake Elmo as of the year 2000 and then projected in 5-year increments out to 2030. The Comprehensive Plan does not give any specific information; however, regarding how many of these units will be located in rural areas (non-sewered). By deducting the number of projected sewered units from the total household estimates, we can begin to make some assumptions about where these non-sewered units will be located. There are a couple of issues; though, that complicate this analysis: 1) some existing non-sewered units will be converted to sewered units in the future, and 2) the conversion of the existing village housing units in 2030 overstates the number of units currently located in the Village. Removing the existing housing units to be converted to sewer (which includes the Cimarron Manufactured Housing Park and the existing Village Area units) is a fairly straight -forward process. What is more problematic is the overestimate of the current housing in the Village. A — page 1 -- City Council Meeting Rural (Unsewered) Area Population Analysis July 6th, 2010 Regular Agenda Item # 8 study conducted in 2007 showed that there were 194 housing units within the Village area, which is 306 less than would hook up to the regional sewer in 2030 according to the Comprehensive Plan. In order to address this problem, Staff revised the rural area unit counts to address the over count. The net affect of this recalculation is a more accurate baseline concerning unsewered housing units for the years 2000 and 2009. The problem with attempting to adjust the numbers used in the Comprehensive Plan is that the 306 Village units either need to be added to the unsewered development areas or the sewered development areas in order for the overall housing unit and .population projections to reach the respective targets of 8,727 and 24,000 set in the Comprehensive Plan. For the purposes of the analysis below, Staff made the assumption that these units would be added to sewer service areas, but did not attempt to redistributed the 306 units on the attached charts (for the numbers ton be accurate, the total number of Village units would need to be reduced by 306 or the unsewered areas would need to be increased by 306 units). In order to address this problem, the City has three primary options: Add the 306 units into the sewered development areas in the Village or along the 1-94 corridor: This action would either keep the overall Village total housing unit amount the same (by increasing the new sewered units to 906) or would result in a final distribution of 4,406 sewered units along 1-94 and 794 sewered units within the Village area (4,100 units plus the 306 unit shortfall and 1,100 units minus the 306 unit shortfall). Add the 306 units into the unsewered development areas guided RAD or RAD2 on the future land use map. This action would address the overall population total for the City in 2030, but would cause the City to fall short of achieving the sewered household projections for 2030 (4,894 verses the required 5,200). Reconsider the calculations for employment Residential Equivalency (REC) Units throughout the City to claim credit for existing employment within the Village area, It is possible that the City's total projected REC units might remain the same under this scenario, but there would need to be 1,500 employees in the Village area in order to reach this total. In addition, the population projections would need to be adjusted downward under this scenario, which would not be consistent with the 2005 Memo or Understanding between the City and Met Council. RURAL AREA ANALYSIS: Based on the information assembled by Staff, the City will need to add 1,259 unsewered housing units to rural areas by 2030 to achieve the overall population targets in the Comprehensive Plan. This number was achieved by taking the number of non- sewered households projected in 2030 and subtracting from this amount the City's current household numbers as of 2009 (and removing the known number of units that will be sewered in Cimarron and the Village area). page 2 City Council Meeting Rural (Unsewered) Area Population Analysis July 6th, 2010 Regular Agenda Item # 8 From there, Staff worked to identify the amount .of land available for rural development in the future by taking all land guided RAD, RAD2, and RED on the future land use map and then subtracting out land that has already been developed in these areas. The total amount of available land that is devoted to unsewered residential development (RAD, .RAD2, RE) is 3,816 acres. This total includes land that is not developable, for instance land that has been placed into a conservation easement or water surface areas, and parcels that are not likely to be redeveloped in the future due to the small size of the lot or other circumstances that make consolidation or several parcels unlikely. Staff has estimated that at least 145 acres of this land is not developable and removed this amount from the final calculations presented below. In order to evaluate whether or not the City is on pace to reach the rural population targets in the Comprehensive Plan, Staff has developed three distinct scenarios related to future rural development to specifically address how many units might realistically be developed in the City's rural areas between now and 2030. These scenarios include the following: An aggressive development scenario that assumes all land over 10 acres in size will be developed as part of an open space project in the future. A more moderate scenario that assumes only parcels over 20 acres in size will be developed in the future. A conservative development scenario that assumes only parcels over 40 acres in size will be developed in the future. Based on these scenarios, Staff is projecting that the following future household growth may be anticipated within rural development areas: Scenario Aggressive Moderate Conservative Comprehensive Plan Households 1,578 1,442 1,070 1,259 ADDITIONAL INFORMATION: Given the complex nature of this information, Staff is planning to take time with the City Council to review and discuss attached report and charts at the July 6th meeting. RECOMMENDATION: The City Council is not asked to undertake any specific action at this time. Staff is seeking feedback concerning the methodology used to achieve the population page 3 -- City Council Meeting Rural (Unsewered) Area Population Analysis July 6th, 2010 Regular Agenda Item # 8 scenarios described above, and any additional comments regarding the Comprehensive Plan's population and household projections. ATTACHMENTS: 1) Household Projection Chart 2) Future Rural Development Analysis 3) Comprehensive Plan Population Projections 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 Discussion Mayor & City Council --page4-- 2005 Comp Plan Projections Total Households Unsewered Households Sewered Households Converted to Sewer Households by Area Village Sewered Village Unsewered* Total Village* 1-94 Sewered 1-94 Unsewered Rural Analysis (June 2010) Rural (Unsewered) Dev. Areas - Including Village Overcount - Removing Village Overcount Summary Persons per Household Total Population Population Shortfall from 2009 2030 Population Projections Lake Elmo Planning Department - 7/1/10 2000 2005 CENSUS Net Change 2,347 2,750 (403) 2,347 2,750 (403) 0 0 (0) 0 0 (0) 0 0 (0) 500 500 (0) 500 500 (0) 0 0 (0) 108 108 (0) 1,347 1,750 (403) 1,653 2,056 (403) 2.92 2.80 -(0.12 6,863 7,700 (837) 2010 2015 2020 2025 2030 Net Change Net Change Net Change Net Change Net Change 3,619 (869) 5,114 (1,495) 6,324 (1,210) 7,524 (1,200) 8,727 (1,203) 3,104 (354) 3,464 (360) 3;324 (360) 3,674 (350) 3,527 (353) 515 (515) 1,650 (1,135) 3,000 (850) 3,850 (850) ! 5,200 I (850) 0 (0) 0 (0) 500 (500) 500 (0) 1,000 (500) 515 (515) 600 (85) 600 (0) 600 (0) 1,100 (500) 500 (0) 500 (0) 500 (0) 500 (0) 0 -(500) 1,015 (515) 1,100 (85) 1,100 (0) 1,100 (0) 1,100 (0) 0 (0) 1,050 (1,050) 2,400 (1,350) 3,250 (850) 4,100 (850) 108 (0) 102 -(6) 96 -(6) 90 -(6) 83 -(7) 2,104 (354) 2,464 (360) 2,824 (360) 3,174 (350) 3,527 (353) 2,410 (354) 2,770 (360) 3,018 (248) 3,368 (350) 3,527 (159) 2.75-(0.05) 2.75 (0) 2.91 (0.16) 2.91 (0) 2.75-(0.16) 9,952 (2,252) 14,064 (4,112) 18,403 (4,339) 21,895 (3,492) 24,000J(2,105) 1,626) (5,738) (10,077) (13,569) (15,674) Notes * The household unit counts in the Comp Plan overstate the number of existing housing units in the Village by 306. These households are removed from the Rural Analysis section, but not added to another category in the chart. Changes reported between each 5-year time period Land Analysis Future RAD (Comp Plan) Future RAD (Remaining) Future RAD (Developable) Future RAD (Over 40) Future RAD (Over 20) Future RAD (Over 10) Future RAD2 Future RED Projections All undeveloped rural (unsewered) areas Only RAD over 10 acres Only RAD over 20 acres Only RAD over 40 acres Houshold Information 2030 Rural (unsewered) Households 2009 Rural (unsewered) Households New Ruraf (unsewered) HH Projected Vacant Lots Vacant Platted Lots (2010) Rural Development Areas - Household Projections Lake Elmo Planning Department - 7/1/10 Acreages Density Capacity 5007 0.45 2253 3556 0.45 1600 3386 0.45 1524 1573 0.45 708 2400 0.45 1080 2703 0.45 1216 167 2 334 93 0.3 28 Households 1886 1578 1442 1070 Households 3527 2120 1407 Lots 148 Rural (unsewered) Household Estimates (2009-2030) Additional households needed by 2030: 1259 Aggressive Moderate Conservative 1578 1442 1070 *All estimates remove fakes and non -open space conservation easernents from totals (reported as "developable" RAD land) Lake Elmo Comprehensive Plan Chapter Ili — Land Use Plan 1 The 2030 population and employment forecasts contained in Appendix A of the Metropolitan Council 2030 Development Framework — as adjusted in regard to forecasted persons -per -dwelling unit and the 2005 MOU. 2. The Regional wastewater flow targets for Lake Elmo from the Metropolitan Council Draft 2030 Water Resources Management Plan, 3. Paragraphs #2 arid #5 of the City of Lake Elmo/Metropolitan Council 2005 MOU, 4. The City of Lake Elmo Community Facilities and Staffing Report — 2002 With respect to Regionally sewered growth, Paragraph #5 of the 2005 MOU details the planned Regional Wastewater capacities available to Lake Elrno as follows: To WONE Interceptor - Metro Plant (estimated construction completion: Dec. 2006) REC MGD 1,825 0.50 To Cottage Grove Interceptor -Eagles Point Plant Phase I (estimated construction completion: Dec. 2007) 1,825 0.50 Phase II (estimated construction coMpletion: Dec, 2010) 4,675 1.28 Total 8,325 2.28 As required by the Metropolitan Council "Local Planning Handbook," the Lake Elmo Development Staging Plan, in 5 year increments, shall be as follows: 2000 2005 2010 2015 2020 2025 2030 Total Households 2347 2750 3619 5114 6324 7524 8727 Households 1 Old Village — Sewered 0 0 515 600 600 600 1100 Cimarron — Sewered 0 0 0 0 500 500 500 Other Sewered 0 0 0 1050 1900 2750 3600 Total Population Total Sew, Employees Total E_mpoyfftf IL 6 7700 9952 14064 18403 21895 24000 3800 5950 8800 13000 636 43 2250 5050 7200 10050 14000 The foregoing projections of sewered and unsewered dwelling units, population and employment shall be reviewed by the City at 5 year increments utilizing the data of the US Census Bureau for even year increments and the official estimates of the Metropolitan Council for odd year increments — when such data becomes available to the Public. If it is determined that the actual production of dwelling units, population and employment within the City is not equal to or greater than the foregoing projections, the City, with the cooperation and concurrence of the Metropolitan Council, will development measures to overcome any shortfalls during the ensuing 5 year period. The City will adopt legal provisions to maintain this Staging Plan that may include a limitation on annual number of lots approved for platting, number of building permits issued, geographic extent of allowable development, or some combination of these or other suitable provisions. Such staging provisions shall provide for acceleration of the III - 17 CITY OF ELMO MAYOR & COUNCIL COMMUNICATION DATE: 7/06/2010 REGULAR ITEM #: 9 MOTION AGENDA ITEM: Whistling Valley Development, Phases 1, 2, and 3 — Request to extend the Development Completion Deadline of June 30, 2010 SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Bruce Messelt, City Administrato REVIEWED BY: Kyle Klatt, Planning Director Jack Griffin, City Engineer Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: The City Council is asked to consider an extension to complete the remaining work in Whistling Valley Development Phases 1, 2, and 3. The completion dates in the Development Agreements of all phases have passed. Due to recent economic times, the Developer has indicated that he has not been able to complete the improvements in accordance with the Development Agreement. The Developer has recently met with Contractors and approached City Staff to schedule the remaining work. Staff recommends that the City Council move to approve the motion by undertaking the following action: SUGGESTED: "Move to allow an extension to complete all remaining items in the MOTION: Whistling Valley Development, Phases 1, 2, and 3 in accordance with the attached Schedule of Remaining Work dated June 30, 2010; contingent upon receipt of a Letter of Credit in the amount of $379,125 and in the form acceptable to the City Attorney. Failure by the Developer to meet each and any deadline noted in the Schedule of Remaining Work dated June 30, 2010, may be considered default of the Development Agreement and subject to all available remedies by the City." BACKGROUND INFORMATION: At the request of the Developer to address extenuating circumstances, City staff worked with the Developer of Whistling Valley Developments, Phases 1, 2, and 3 to identify all outstanding work items necessary to complete the development improvements, and identified a reasonable work schedule to complete the work. Subsequently, a time extension for completing the development improvements was approved by the City Council in accordance with the attached Schedule of Remaining Work, issued November 17, 2009, thereby extending the final completion date to June 30, 2010. At this time, the only item that has been addressed was the installation of 27 trees in Whistling Valley Phase 11, -- page 1 -- City Council Meeting Whistling Valley Development - Request for Deadline Extension July 6th, 2010 Agenda Item # 9 STAFF REPORT: At this time, the developer has failed to meet the approved completion schedule of June 30, 2010, for the remaining work in the Whistling Valley Development, Phases 1, 2, and 3. Staff has met with the Developer and the Developer has discussed additional circumstances leading to the delays. In addition, the Developer has been conducting inspections and meeting with his contractors to schedule the work. The Developer now proposes to complete all remaining development improvements in the Whistling Valley Development, Phases 1, 2, and 3 per the attached schedule, dated June 30, 2010 (see Attachment No. 2) In accommodating this request, City Staff has requested that the current Financial Bonds issued for the Development Security, be replaced with a Letter of Credit in a form acceptable to the City Attorney, and in an amount sufficient to complete all remaining work. Attachment No. 3 provides a breakdown of the remaining items and associated costs. It is recommended that the extension request be contingent upon receipt of a Letter of Credit in the amount of $375,125. RECOMMENDATION: The Council at its discretion may approve another extension for the work to be completed. Based upon the above background information and staff report, it is recommended that the City Council move to approve the motion by undertaking the following action: "Move to allow an extension to complete all remaining items in the Whistling Valley Development, Phases 1, 2, and 3 in accordance with the attached Schedule of Remaining Work dated June 30, 2010; contingent upon receipt of a Letter of Credit in the amount of $379,125 and in the form acceptable to the City Attorney. Failure by the Developer to meet each and any deadline noted in the Schedule of Remaining Work dated June 30, 2010, may be considered default of the Development Agreement and subject to all available rentedies by the City." Alternatively, the Council may table action at tonight's meeting or decide to declare the Development in default, subjecting it to all the remedies outlined in the Development Agreements. The suggested motion to undertake the latter is as follows: "Move to declare Whistling Valley Development Phases 1, 2, and 3 in default, and direct the City to seek all available remedies outlined in the Development Agreements." ATTACHMENTS: (3) 1. Previous Schedule of Remaining Work — Issued November 17, 2009 2, Proposed Schedule of Remaining Work dated June 30, 2010 3. Development Security Requirements — Cost Breakdown of Remaining Work, 6/29/2010 SUGGESTED ORDER OF BUSINESS: Introduction of Item ............. ....... ..... .................... ............City Administrator Report/Presentation Planning Director/City Engineer Questions from Council to Staff ............ ...„........„.............. ................ Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates page 2 - Remainin2 Items to be Completed — Extension Granted November 17, 2009 The City Engineer must be notified 24 hours prior to any construction activity. The City Engineer must also be notified within 24 hours of completion of each item to perform a final review. Note: Erosion and Sediment Control must be consistently maintained for the entire site until final, acceptance. Whistling Valley Phase I — Each Item to be Completed by Following Date: 1. Perform street patching and edge control placement — November 30, 2009 2. Perform maintenance on storm sewer outfalls — December 30; 2009 3. Cross sections of ponds and infiltration basins must be surveyed to verify storage depths. Ponds and infiltration basins must be graded to Final Plan elevation. — December 30, 2009 4. All sediment in storm sewer lines must be cleaned out — December 30, 2009 Winter 2010 1. Complete "As -built" ord drawings — March 1, 2010 Spring 2010 1. Wear course paving — June 30, 2010 Whistling Valley Phase II — Each Item to be Completed by Following Date: 1. Perform street patching and edge control placement — November 30, 2009 2. Complete tree replacement — November 30, 2009 3. Perform maintenance on storm sewer outfalls — December 30, 2009 4. Cross sections of ponds and infiltration basins must be surveyed to verify storage depths. Ponds and infiltration basins must be graded to Final Plan elevation. — December 30, 2009 5. All sediment in storm sewer lines must be cleaned out — December 30, 2009 Winter 2010 1. Complete "As -built" record drawings — March 1, 2010 Spring 2010 1. Wear course paving — June 30, 2010 Whistling Valley Phase 111 — Each Item to be Completed by Following Date: Spring 2010 1. Wear course paving — June 30, 2010 2. Complete all landscaping improvements with approval of the City Forester — May 31, 2010 3. Verify all storm water ponds and infiltration basins are constructed to plan — May 31, 2010 4. Complete restoration— June 30, 2010 5. Installation of the pedestrian bridge— May 31, 2010 6. Community Well Installation — May 31, 2010 7. Complete "As -built" record drawings— June 30, 2010 Date: June 30, 2010 WHISTLING VALLEY DEVELOPEMNT — PHASES 1, 2, AND 3 SCHEDULE OF REMAINING WORK June 30, 2010 DEADLINE of previous extension, new extension provided as follows: July 30, 2010 , Street patching, paving, and edge control completed in Phases 1 and 2 (including wear course paving) Storm Sewer/Pond Inspection completed for ALL PHASES (Any new Punch List Items to be completed within 30 days) Grading and Utility Record Drawings for ALL PHASES completed in accordance with Record Drawing Requirements (sent to the Developer previously) (Any new Punch List Items to be completed within 30 days) Installation of deer protection per City Forester's recommendation and 2-Year Warranty Bond to be provided for newly planted trees in Phase 2 Installation of Pedestrian Bridge in Phase 3 Installation of Well in Phase 3 Completion of unpaved portion of trail in Phase 3 August 31, 2010 Completion of Well and Well Structure in Phase 3 (with MDH approval) Installation of Drainage System in island in Phase 3 installation of all Signage in Phase 3 October 31, 2010 Completion of Landscaping in Phase 3 Completion of Remaining Punch List Items in Phase 3 July 1, 2011 Completion of Final Lift of Bituminous in Phase 3 (including required preparation work and Spring walk-through) Failure to meet each and any deadline noted above may be considered default of the Development Agreement and subject to all available remedies by the City. Whistling Valley Development, Phases I -III Lake Elmo, Minnesota TKDA Project No, 13819,001 Development Security Requirements Whistling Valley Development - Phase 1 Improvement Site Grading/Turf Establishment Storm Sewer Sanitary Sewer WWTF Street Improvements Street Signs Landscaping Whistling Valley Development - Phase II Improvement Site Grading/Turf Establishment Storm Sewer Sanitary Sewer WWTF Street Improvements Street Signs Landscaping Whistling Valley Development - Phase III Improvement Site Grading Landscaping Sidewalk & Trails Storm Sewer Street Improvements Sanitary Sewer Watermain Water Supply System WWTF Street Signs Original Amount $ 61,100 $ $ 60,100 $ $ 206,075 $ 206,075 $ $ 136,100 $ $ 500 $ 138,000 $ Subtotal $ 125% $ Total Required Security $ Original Amount $ 346,500 $ 120,500 $ 102,750 $ 102,750 $ 212,800 $ 1,000 $ 150,000 Subtotal 125% Total Required Security Original Amount $ 108,800 $ 65,000 $ 44,300 $ 81,000 $ 86,500 $ 58,700 $ 47,800 $ 40,000 $ 14,300 $ 1,000 Subtotal 125% Total Required Security Date: 6/29/2010 Required Security 5,000 1,000 4,000 20,000 5,000 35,000 43,750 43,750 Required Security 5,000 5,000 2,000 40,000 25,000 1,000 30,000 108,000 135,000 135,000 Required Security 2,400 59,000 11,900 5,000 26,000 5,000 5,000 40,000 5,000 1,000 160,300 200,375 200,375 Total Development Security Requirement for all Phases: $ 379,125