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Home My WebLink About04-20-2010 packetCity of Lake Elmo 3800 Laverne Avenue North Lake Elmo. Minnesota April 20, 2010 7:00 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: iohnston Del_app Em MOM, 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.) GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G. APPROVE MINUTES: I. Approval of the April 6, 2010 City Council minutes Approval of the February 16, 2010 City Council minutes It PUBLIC COMMENTS/1NQUIRIES: In order to he sure that anyone wishing to speak to the City Council is treated the same way. meeting attendees wishing to address the Cit. 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 Councils request.) 2. Approve payment of disbursements and payroll _T3. Approval of Water Meter Replacement 4. Donation to Firefig.hters' Relief Association 5. Resolution of Support for Mahtomedi Public School Bond Referendum REGULAR AGENDA: 6. Promotion of Andrea Friedrich and Tom Steinman from probation member to Firelighter 7. Presentation of CSAll 13 (Ideal .Ave../Olson Lake Trail) — Driver feedback sign and roadway study. 8. Eder's Century Pines preliminary and final plat: Resolution No. 2010-014 9. Approval of proposed Encroachment easement agreements 10, Amending Chapters 94, 150, 151, 152, 153 and 154 of the City Code to bring them into conformance with the Storm Water and Erosion and Sediment Control ordinance; Ordinance 08-24, Resolution No. 2010-013 11. 2010 Street and Water Quality Improvements — Approval of Plans and Specifications and Ordering Advertisement for Bids; Resolution No. 2010-015 12, Minnesota State Building Permit Surcharge K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda,) • Mayor and City Council • Administrator • City Engineer • Planning Director L. Adjourn **A social gathering may or may not be held at the Lake Elmo Inn following the meeting.** City of Lake Elmo City Council Meeting Minutes April 6, 2010 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, Emmons (arrived 7:08 p.m.), Smith and Park Also Present: Administrator Messelt, City Engineer Griffin, Attorney Snyder, Planning Director Klatt, Finance Director Bouthilet, Danielle Bailey, City Intern and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Smith moved to approve the Agenda as amended: Acceptance of the March 23, 201i Member Park seconded the motion, The motion passed'4-0. GROUND RULES: 2010 City Council -6Uncil minutes. Council APPROVED MINUTES: The March 23, 2010 City Council minuteS:Were:,approvedby consensus. PUBLIC COMMENTS/INQUIRIES: None CONSENT AGENDA: MOTION: Council Member Smithlmoved to approve Items 2 and 4 on the Consent Agenda as presented::' COuneil Member Park seconded the motion, The motion passed 4- O. Approve payment of disbursements an payroll in the amount of $58,055.34 Mayor Johnston-mei-dulled the month of May 2010 to be Arbor Month in the City and April 30,2010 as Arbor Day Approval of resurfacine of Pebble Park Tennis Court/Basketball Ct. Resurface Council Member Smith reported the play structure in Pebble Park is faded and cracked and asked that the Park Commission review updating this equipment. Council Member DeLapp suggested the Commission consider a survey of park use. MOTION: Council Member Smith moved to approve the contract for Pebble Park tennis/basketball court resurfacing with Lee Sports Surfacing in the amount of 12,100. Council Member DeLapp seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL MINUTES April 6, 2010 REGULAR AGENDA: Fall Festival Proclamation and Budget Adjustment At the March 23td, 2010 City Council meeting, this item was directed to be reschedule for tonight's meeting. The City Council was asked to consider approving Resolution No. 2010-011 proclaiming Saturday, September 18th, 2010 as the 3rd Annual Lake Elmo Fall Festival and authorizing the transfer of $8,000 from the General Fund Donation Account to the Fall Festival Transfer In account. MOTION: Council Member Park moved to approve Resolution No. 2010-011 proclaiming September 18th 2010 as the 3rd Annual Lake Elmo Fall Festival and authorize the transfer of $8,000 from the General Fund Donation Account to the Fall Festival Transfer In Account. Council Member Smith seconded the motion. The motion passed 5-0. Update on research on Administrative Enforcement Ordinance Danielle Bailey, City Intern, reported on a draft ordinance establishing Administrative Enforcement options for the City for certain:portions ate City Code. All due process rights of citizens would be upheld and respected through administrative process. In addition to adoption of an enabling ordinance, the_titYCouricil Resolution addressing applicable City policies, compliance guidelines and suggested fines, fees and related compliance actions;;,' The Council commended Ms. Bailcy:on her work and noted this ordinance was a much anticipated, efficient compnaiice;system. Attorney Snyder reported that the draft administrative enforcement would be back to the City Council in sixty days. Review of 2009 General Fund Budet (unaudited) and suggested action on 2010 budget revisions and 2011 nreParation Joe Rigdon, Financial Consultant, gave an update on the now -closed 2009 Genera Fund (unaudited) and discussed staff and sub -committee recommendations on potential revisions to the 2010 Budget and suggested preparations on the 2011 budget. Tom Bouthilet, Finance Director, identified the following findings. The 2009 General Fund ended with a positive fund balance, including meeting 99%+ of projected revenues. 2009 expenditures were significantly less than those originally budgeted, resulting in this positive fund balance. Most of these reductions in actual expenditures can be attributed to the following: 1. The unfilled vacancy in the Building Official position LAKE ELMO CITY COUNCIL MINUTES April 6, 2010 2 2. The withholding of budgeted salary and cost -of -living increases to employees 3. Overall austerity in general spending by departments. MOTION: Council Member DeLapp moved to revise the Budget and begin preparation of the 2011Budget including the recommended budget items on page 8 and 9 of the 2009 Year -End Interfimd Transfers and Loans and General Fund Balance Reserves and Designations (Authorized and Recommended). Council Member Smith seconded the motion. The motion passed 5-0. Update on Rosalie E. Wahl Branch Library Bruce Messelt, City Administrator, reported on staff research regarding the Washington County Library operation of the Rosalie E. Wahl Branch Library *ad the feasibility of 4, developing an alternative service model akin to Stillwater and )3a-yport. Dave Snyder, City Attorney, stated that a City can establish its oWri=31ibrary by referendum of voters or resolution/ordinance passed b3-7:the City Council and appoint its own library board. The City does obtain funding from an imposed tax for a library and can supplant the Washington County library In the Council's opinion, staying with thefWashington'pounty Library system, if possible, would be the best for Lake Elmo.Thc Council ditmeted staff to: 1 Ascertain the intentions ofWashini.m Countv on renewing the lease of building for the Lake Elmo Branclliiihrary, 2, Work with WashingOntountyto l?etterAcldress Lake Elmo Branch library's long-term viability ari(lopegbotifferjnii3,lic. 3 If necessary, devise a iiiiejirie and plan on how to proceed should the City wish to consider deyOlciPiii-g,,an indcpend ent library. Trunk HialiwaV'5 and Jamaca 4venue Roundabout Jack Griffin, City Engineer and Mn/DOT representatives presented an update of the project and discussed withAhe Council the design for the Trunk Highway 5 and Jamaca Avenue Roundabout. This project will be jointly funded by Mn/DOT, Washington County and the City of Lake Elmo. MOTION: Council Member Park moved to direct the City Engineer to sign the Mn/DOT plans for the Trunk Highway 5 and Jamaca Avenue Roundabout, State Project NO. 8214- 145, recommending plan approval, and requested information on the possibility of addressing in the maintenance agreement the following issues: 1. Change light pole on Jamaca Avenue (change from 40' high light pole to 30' high light pole). 2. Explore other areas for turf or low maintenance shrubs other than asphalt, LAKE ELMO CITY COUNCIL MINUTES April 6, 2010 Painting light poles flat black or rustic brown. Council Member Smith seconded the motion. The motion passed 4-1(Council Member DeLapp wanted shorter light poles, LED lights, more green space than asphalt in islands.) The Council adjourned the meeting at 10:08 p.m. LAKE ELMO CITY COUNCIL MINUTES April 6, 2010 4 City of Lake Elmo City Council Minutes February 16, 2010 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, Park (arrived at 7:15 p.m.), and Smith, Also present: Administrator Messelt, Attorney Snyder, City Engineer Griffin, Finance Director Bouthilet, Fire Chief Malmquist and City Clerk Lumby. APPROVAL OF AGENDA: MOTION,' Council Member Emmons moved to approve the February 16, 2010 City Council agenda as amended, Move Item #3 off Consent Agenda,',Add Item #9 Update on I-94 Corridor. Council Member Smith seconded the mottonThhe-Motion passed 4-0. GROUND RULES; APPROVED MINUTES: The February 3, 2010, City Council minuteS:Wer PUBLIC COMMENTS/INQUIRIES;,:., pproved:hy consensus. The City Council recognize :"-Carole Luczak in 'obtaining her Municipal Certified Clerk certificate and Carole will bb:-recognized at4h0Annual Municipal Finance and Clerks Conference in St. Cloud, MN for (his outstanding achievement. CONSENT AGENDA: MOTION: Cou,wd Membe, Sthith moved to approve Item #2 on the Consent Agenda as presented Council Member Emmons seconded the motion. The motion passed 4-0. Approve payment of disbursements and payroll in the amount of $132,273.54 Approve budget adjustment/designation and donation of $1.100 for maintenance of historic District 12 school house The City Council was being asked to approve a Budget Adjustment and disbursements in the amount of $1,100 as a donation to the Oakdale Lake Elmo Historical Society for annual maintenance of the Historical District 12 School House. The Council has allocated certain monies in its approved 2010 Annual Budget for discretionary spending, Support for the Oakdale lake Elmo Historical Society and maintenance of the Historic District 12 School House has been supported by the City on an annual basis. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 2010 Duane Ellertson, Oakdale/Lake Elmo Historical Society rep., stated the City of Oakdale furnishes the heat, electricity, and exterior maintenance to the building which is equivalent to a $2,000 donation a year. MOTION: Mayor Johnston moved to contribute $500 for maintenance of the historic District 12 school house because of state budget shortfalls and direct staff to advertise the Oakdale/Lake Elmo Historical Society website in the City newsletter and Lake Elmo website. Council Member DeLapp seconded the motion. The motion passed 4-0. Approval of Sunfish Lake Park Area 2 Concept Plan Carol Kriegler, Project Assistant, reported the City Council is being requested to approve a Concept Plan for Area Two of Sunfish Lake Park. The plan ishitended to complement the Conservation Easement with the Minnesota Land Trust byliirther defining the permitted and planned improvements for this area of the park Area Two is intended to be largely designated as a restored prairie/oak savannaareaby restoring the vegetation to pre settlement times, This portion of the park is a predominantly open area consisting of approximately 20 rolling acres, is located in the southern part of the park: It has been used for agricultural purposes for the past severalYears. Council Member Smith asked if the vision;of using this area for a family ice skating rink and warming house/interpretative center haS'beenitaken off the table for consideration. Carol Kriegler responded that the Park Conitnistion had a very thoughtful discussion of locating an ice rink in Area Two, but because oTthe elevations, land is rolling not flat, sighting, construction and maiiitainiparijpe rink would be challenging, Sunfish Lake Park West, the area to be turned b44'!to the'.,..e4ty following the MPCA remediation project, might possibly,offer a more conducive area for a skating rink. Council Membq'Srnith, with the support of other members, expressed a strong desire for staff and commission memberS'ito continue to explore opportunities for locating other year-round amenities, such as.a'non-competitive ice rink and related facilities, consistent with the natural ethic and theme of the park. Members of the Council also expressed the desire for effective screening along the park's boundaries, and for thoughtful trail planning for enhanced views and park experiences. Staff will work with the Parks and Planning Commissions on future additional screening consideration on the Southside for Highway 5 MOTION: Council Member DeLapp moved to approve the Sunfish Lake Park Area Two Concept Plan prepared and approved by the Lake Elmo Park Commission on November 16, 2009. Council Member Emmons seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 2010 2 Approve 2010 Planning Commission Work Plan Bruce Messelt, City Administrator, reported the City Council is being asked to review and accept the revised Planning Commission's annual work plan the Commission has prepared for 2010. The primary intent of the work plan is to help prioritize the projects the Planning Commission will be reviewing in the next several months, and to help keep the Commission informed about the internal planning related activities and projects that will be undertaken by the staff over the coming year. MOTION,' Council Member Park moved to accept the 2010 Planning Commission Work Plan handout as revised, including economic development initiatives, submitted at the meeting. Council Member DeLapp seconded the motion. The motion passed 5-0. Consider amendments to the Accessory Buildings Section of the,Aning ordinance Bruce Messelt, City Administrator, reported the City Council was asked to consider amendments to the accessory building provisions of ordinance. These changes represent minor modifications to specific sections of the ordinanceand have been proposed: 1) to improve the consistency between varigus sections -Of the current code and 2) to clarify the intent and interpretationavarioUS'sections of the code dealing with accessory uses. City Attorney Dave Snyder reported that an:Interim Lise pe4mt is possible for identified structures or components of a structure and provides -additional flexibility limited in time. Council Member Smith stated,the Public Hearing for accessory structures was held on July 14, 2008 and only now this iterniS-corning:0 the Council. Smith said she had concerns and questions on inconsistencies with limiting the number of Ag buildings on larger parcels in Rural Residential and in Agricultural zonings, Joan Ziertman,5761 Keats Avenue Nstated, in her opinion, that an Interim Use Perrnit is a difficult proposition becauSe)of the cost involved for only 1-2 years and the permit could not be renewed ty the QoUncil, Since the public hearing was held in 2008, there are planning commisSiernerribers that were not on the Commission at that time and should be invited to attendthe workshop. A previous planner defined accessory structures as a building with a roof regardless of size. Small bus shelters, play structures, should be excluded as an accessory structure. Joan provided code on accessory structures from surrounding communities and these communities showed aggregate sq.ft. for Ag buildings to accommodate animals. MOTION: Council Member DeLapp moved to continue discussion on this agenda item at a workshop with the idea of incorporating Interim Use Permit concept and Sections 4, 5, and 6 and direct stall to prepare an ordinance, including input from the Planning Commission, with the capability fbr clarification q tnconsistencies, Mayor Johnston seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 1 6, 2010 Consideration of CodeRED Emergency Notification System Bruce Messelt, City Administrator reported the City Council is being requested to further consider potential purchase and utilization of an emergency and time -sensitive official community communication and notification system, The Council had received an on-line and telephone demonstration of the CodeRED Emergency Notification System, The Council reviewed the proposal based on population from CodeRED. The City would seek to include at no additional cost summer 2010 testing of the Weather Warning System and develop for Council consideration appropriate policies and procedures for utilization of the system. Staff recommended that the $5,250 be allocated from the City's Communications budget. MOTION: Council Member DeLapp moved to direct the City Administrator to negotiate and the City to execute a contract for utilization of the CodeRED Emergency Notification System, to include demonstration of the National Weather Service:Weather Warning System, not to exceed $5,250 and to approve t he Budget adjustMent. Council Member Smith seconded the motion. The motion passed 5-0, Resolution supporting emergency plan for Stillwater.School District Bruce Messelt, City Administrator, reported the Stillwater Area Public School District is working to enhance and improve their School Erriergency:Management program. One key aspect of this project is to secure funding through'ffie U.S, Department of Education's Office of Safe and Drug-Free:Schools by applying for Readiness and Emergency Management (REMS) of Schools C)rant LakeElmo has been requested to support this endeavor. MOTION: Council Member DeLapp'Moved ti).accept Resolution No. 2010-009 Supporting Stillwater Area,SChool DistriCtEmergency Management Program and REMS Grant Application, Council Memberr,Park;Seconded the motion. The motion passed 5-0, Update on 1-94 Corridor The City policy fOr travelling:outsid6ihe state has to be approved by the Council, Mayor Johnston requeSt4authorizatiOn to travel to Washington D.C, as one of six members of the 1-94-corridor-cOrninission*participate in an initial fact finding mission in the planning study of three-OptiOris for high speed passenger rail for the 1-94 corridor MOTION,. Council Member Smith moved to authorize Mayor Johnston to attend a meeting in Washington D.C., one day, one nigh, not to exceed $1, 000, on an initial fact finding mission for the three proposed optionsJr a route for high speed passenger rail for the 1-94 Corridor and to come back with information to formulate views. Council Member Park seconded the motion, The motion passed 4-1 (Council Member DeLapp would approve the authorization with the assurance he has support of Woodbury for a route through downtown Lake Elmo and a feasible route across the river way to Eau Claire, WI that can he documented), The Council adjourned the meeting at 9:37 p.m. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 2010 4 AYOR 8: COUNCIL COMMUNICATION DATE: 4/20/2010 CONSENT ITEM #: 2 MOTION as part of Consent Agenda AGENDA ITEM: Approve Disbursements and Payroll in the Amount of $ 123,218.24 SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrato REVIEWED BY: City Staff SUMMARY AND ACTION REOUESTED: As part of its Consent. Agenda, the City Council is asked to approve disbursements and payroll in the amount of $ 123,218.24. 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 nonual business operation. Below is a sununary of current claims to be disbursed and payroll to be paid in accordance with State law and City policies and procedures. `Claim # Amount Description ACH $ 6,880.38 PayrollTaxes to IRS 04/08/2010 ACH S 1,160.47 Payroll Taxes to MN Dept. of Revenue 04/08/2010 DD 2698 —DD 2712 $ 20,797.33 Payroll Dated 04/08/2010 (Direct Deposit) 35479 - 35483 $ 17,345.70 Payroll Dated 04/08/2010 35484 — 35539 $ 77,034.36 Accounts Payable Dated 04/20/2010 TOTAL $ 123,218.24 -- page 1 -- City Council Meeting Approval of Disbursements and Payroll April 20th, 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 $ 123,218.24. 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 April 20th, 2010 Disbursement and Payroll, as Presented [and modified] herein." ATTACHMENTS: 1. Accounts Payable Dated 04/15/2010 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Agenda); Questions from Council to Staff Mayor Facilitates Call for Motion ......... ............... ..... ..... .................... ..... Mayor & City Council Discussion ......„........... .......... ............. . ....... ............. Mayor & City Council Action on Motion ................. ......................... .................... Mayor Facilitates page 2 — Accounts Payable To Be Paid Proof List User: Administrator Printed: 04/15/2010 - 5:55 PM Batch: 001-04-2010 Invoice # Inv Date Amount Quantity Pmt Date Description Reference ANCOM ANCOM COMMUNICATIONS, INC. 14702A 03/22/2010 100.07 0.00 04/20/2010 Pager Repair 101-420-2220-43230 Radio 14702A Total: 100.07 14703 03/22/2010 100.08 0.00 04/20/2010 Pager Repair 101-420-2220-43230 Radio 14703 Total: 100.08 ANCOM Total: 200.15 Task Type PO # Close POLine # No 0000 0000. ARAM Aramark, Inc. 629-6963155 04/01/2010 22.97 0.00 04/20/2010 Uniforms - Public Works No 0000 101-430-3100-44170 Uniforms 629-6963155 Total: 22.97 629-6964992 04/05/2010 83.92 0.00 04/20/2010 Linen City Hall - No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-6964992 Total: 83.92 629-6968023 04/08/2010 61.06 0.00 04/20/2010 Mats - Public Works No 0000 101-430-3100-44010 Repairs/Maint Bldg 629-6968023 Total: 61.06 629-6968024 04/08/2010 1.56 0.00 04/20/2010 Uniforrns - Public Works - No 0000 101-430-3100-44170 Uniforms 629-6968024 Total: 1.56 ARAM Total: 169.51 BATTYPL Batteries Plus Woodbury, Corp 32-704137 04/05/2010 86.57 0.00 04/20/2010 Battery Replacement - Parks No 0000 101-450-5200-42210 Equipment Parts 32-704137 Total: 86.57 BATTYPL Total: 86.57 AP - To Be Paid Proof List (04/15/10 - 5:55 PM) Page 1 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # BIFFS Biffs Inc. W402408 04/07/2010 61.29 0.00 04/20/2010 Portable Restrooms No 0000 101-450-5200-44120 Rentals - Buildings W402408 Total: 61.29 BIFFS Total: 61.29 C&J CONS C & J Consulting Services, LLP Mar 10 04/01/2010 101-410-1520-43150 Contract Services Mar 10 Total: C&J CONS Total: 1,562.50 0.00 04/20/2010 Monthly Acet Services March 2010 No 0000 1,562.50 1,562.50 CARQUEST Car Quest Auto Parts 2055-184933 04/06/2010 50.09 0.00 04/20/2010 Antifreeze 101-430-3100-42120 Fuel. Oil and Fluids 2055-184933 Total: 50.09 CARQUEST Total: 50.09 CENCOLLE. Century College 366158, 366157 03/22/2010 306.62 0.00 04/20/2010 Firefighter II - Andrea Friedrich 101-420-2220-44370 Conferences & Training 366158, 366157 03/22/2010 306.62 0.00 04/20/2010 Firefighter II - Tom Steinman 101-420-2220-44370 Conferences & Training 366158, 366157 03/22/2010 479.93 0.00 04/20/2010 Haz Mat Ops - Nick Witter 101-420-2220-44370 Conferences & Training 366158, 366157 Total: 1,093.17 CENCOLLE Total: 1,093.17 COMCAST COMCAST 877210535 8914 03/27/2010 7.89 0.00 04/20/2010 Monthly Service 101-420-2220-44300 Miscellaneous 877210535 8914 Total: 7.89 COMCAST Total: 7.89 COMPENSA Compensation Consultants, Ltd 04/01/2010 04/01/2010 40.00 0.00 04/20/2010 Monthly Admin Fee April 2010 101-410-1320-44300 Miscellaneous 04/01/2010 Total: 40.00 COMPENSA Total: 40.00 AP - To Be Paid Proof List (04/15/10 - 5:55 PM) No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 2 Invoice # Inv Date Amount Quantity Pmt Date Description Reference CTYBLOOM City of Bloomington March - 10' 03/31/2010 40.00 0.00 04/20/2010 Lab Bacteria Tests - Water 601-494-9400-42270 Utility System Maintenance March - 10' Total: 40.00 CTYBLOOM Total: 40.00 CTYROSEV City of Roseville 0010661 04/02/2010 1,551.58 0.00 04/20/2010 Monthly IT Services - April 2010 101-410-1450-43180 Information Technology/Web 0010661 Total: 1,551.58 CTYROSEV Total: 1,551.58 DVS DVS Renewal 02/01/2010 02/01/2010 20.25 0.00 04/20/2010 License Renewal - Public Works 101-430-3100-44300 Miscellaneous 02/01/2010 02/01/2010 14.50 0.00 04/20/2010 License Renewal - Parks 101-450-5200 11300 Miscellaneous 02/01/2010 Total: 34.75 DVS Total: 34.75 Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 ECKBERG Eckberg Lamers Briggs Wolff 103449 03/31/2010 3,933.43 0.00 04/20/2010 Legal Services - Civil - No 0000 101-410-1320-43040 Legal Services 103449 03/31/2010 32.50 0.00 04/20/2010 Legal Services -Development . No 0000 203-490-9070-43040 Legal Services 103449 Total: 3,965.93 32010 03/31/2010 3,752.20 0.00 04/20/2010 Legal Services - Criminal No 0000 101-420-2150-43045 Attorney Criminal 32010 Total: 3,752.20 ECKBERG Total: 7,718.13 EMERGAPP Emergency Apparatus Maint. INC 47608 03/31/2010 750.00 0.00 04/20/2010 Remove Seat and move Tank - B I No 0000 101-420-2220-44040 Repairs/Maint Eqpt 47608 Total: 750.00 EMERGAPP Total: 750.00 EMMONS A Emmons Alex 03/30/2010 03/30/2010 58.78 0.00 04/20/2010 Cable Meeting -Workshop 3/30/10 No 0000 101-410-1450-43620 Cable Operations AP - To Be Paid Proof List (04/15/10 - 5:55 PM) Page 3 Invoice # Inv Date 03/30/2010 03/30/2010 101-000-0000-20201 Use Tax Payable 03/30/2010 Total: 4/13/2010 04/15/2010 101-410-1450-43620 Cable Operations 4/13/2010 04/15/2010 101-410-1450-43620 Cable Operations 4/13/2010 Total: EMMONS A Total: ENVENTIS ENVENTIS 737500 04/13/2010 101430-3100-43210 Telephone 737500 Total: 738507 04/13/2010 101-410-1940-43210 Telephone 738507 Total: ENVENTIS Total: FDSOA FD Safety Off. Association 12574 04/07/2010 101-420-2220-44330 Dues & Subscriptions 12574 Total: FDSOA Total: FREDS Fred's Tire 463510 04/07/2010 101-420-2220-44040 Repairs/Maint Eqpt 463510 Total: FREDS Total: GARELICK Garelick Steel Co, Inc 171852 04/13/2010 101-450-5200-44030 Repairs/Maint lmp Not Bldgs 171852 Total: GARELICK Total: HAGBERGS Hagbergs Country Market 03/31/2010 03/31/2010 101-420-2220 14300 Miscellaneous AP - To Be Paid Proof List (04/15/10 - 5:55 PM) Amount Quantity Pmt Date Description Reference -3.78 0.00 04/20/2010 Use Tax 55.00 44.09 -2.84 0.00 04/20/2010 Use Tax Payable 41.25 96.25 0.00 04/20/2010 Cable Workshop 4/13/2010 444.67 0.00 04/20/2010 Phone Data Sery - PW April 2010 444.67 523.54 0.00 04/20/2010 Phone/Data Service - City Hall Apr 2010 523.54 968.21 85.00 0.00 04/20/2010 Safety Officer Dues 25.38 0.00 04/20/2010 Repair/Rotate Tieres on B2 85.00 85.00 25.38 25.38 366.04 0.00 04/20/2010 Steel - Parks 366.04 366.04 4.69 0.00 04/20/2010 Items for Drill Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No No 0000 0000 Page 4 Invoice # Inv Date Amount Quantity Pmt Date Description Reference 03/31/2010 03/31/2010 22.46 0.00 04/20/2010 Relief Charge 101-420-2110-44300 Miscellaneous 03/31/2010 Total: 27.15 HAGBERGS Total: 27.15 IIMC IIMC 04/12/2010 04/12/2010 75.00 0.00 04/20/2010 IIMC Membership Dues - Carole 101-410-1320-44330 Dues & Subscriptions Luczak 04/12/2010 Total: 75.00 IIMC Total: 75.00 LEOIL Lake Elmo Oil, Inc, S01203 03/31/2010 731.29 0.00 04/20/2010 Fuel 101-420-2220-42120 Fuel, Oil and Fluids S01203 Total: 731.29 LEOIL Total: 731.29 Lillie Newspapers Inc. Lillie Suburban 7148 03/31/2010 31.63 0.00 04/20/2010 Legal Notice 101-410-1320-43510 Legal Publishing 7148 03/31/2010 -29.25 0.00 04/20/2010 Credit on Legal Notice Ord. 08-02 101-410-1320-43510 Legal Publishing 7148 Total: 2.38 Lillie Total: 2.38 Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 LOFF Loftier Companies, Inc. 1110978 04/01/2010 12.87 0.00 04/20/2010 Copy Machines Overages & Base No 0000 101-410-1940-44040 Repairs/Maint Contractual Eqpt March 2010 1110978 Total: 12.87 LOFF Total: 12.87 MARONEYS Maroney's Sanitation, Inc 331455 04/06/2010 103.66 0.00 04/20/2010 Waste Removal - City Hall No 0000 101-410-1940-43840 Refuse 331455 04/06/2010 45.62 0.00 04/20/2010 Waste Removal - Fire No 0000 101-420-2220-43840 Refuse 331455 04/06/2010 198.87 0.00 04/20/2010 Waste Removal - Public Works No 0000 101-430-3100-43840 Refuse 331455 04/06/2010 198.87 0.00 04/20/2010 Waste Removal - Parks No 0000 101-450-5200-43840 Refuse 331455 Total: 547.02 AP - To Be Paid Proof List (04/15/10 - 5:55 PM) Page 5 Invoice # Inv Date Amount Quantity Pmt Date Description Reference MARONEYS Total: 547.02 MARVS Marv's Professsional Tools 224517 04/08/2010 105.79 0.00 04/20/2010 Tool - Public Works 101-430-3100-42400 Small Tools & Minor Equipment 224517 Total: 105.79 MARVS Total: 105.79 MENARDSO Menards - Oakdale 47305 03/13/2010 37.35 0.00 04/20/2010 Paint & Supplies for Bridge 101-450-5200-44030 Repairs/Maint Imp Not Bldgs Demontrevill 47305 Total: 37.35 49269 04/07/2010 102.00 0.00 04/20/2010 Lumber for Bridge hand rails Demont. 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 49269 Total: 102.00 MENARDSO Total: 139.35 MES Municipal Emergency Services 00149140-SNV 02/19/2010 101-420-2220-42400 Small Tools & Equipment 00149140-SNV Total: MES Total: 529.78 0.00 04/20/2010 Ladder Belts - Safety - Compliance 529.78 529.78 Task Type PO # Close POLine # METCOU Metropolitan Council 0000927929 04/02/2010 1,374.96 0.00 04/20/2010 Monthly Wastewater Service May 2010 - 602-495-9450-43820 Sewer Utility - Met Council 0000927929 Total: 1,374.96 METCOU Total: 1,374.96 MFRA McCombs Frank Roos Assoc Inc. 66652 04/01/2010 101-410-1910-43150 Contract Services 66652 Total: MFRA Total: 292.50 0.00 04/20/2010 General Planning Assistance 292.50 292.50 MILLEREX Miller Excavating, Inc. 14681 03/31/2010 462.50 0.00 04/20/2010 Grading Gravel Roads 101-430-3120-43150 Contract Services 14681 Total: 462.50 AP - To Be Paid Proof List (04/15/10 - 5:55 PM) No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 6 Invoice # Inv Date Amount Quantity Pint Date Description Reference MILLEREX Total: 462.50 MNAWWA Minnesota AWWA 04/09/2010 115.00 0.00 04/20/2010 Water Operator Training - Bouthilet 601-494-9400 11370 Conferences & Training 04/09/2010 115.00 0.00 04/20/2010 Water Operator Training - Colemer 601-494-9400-44370 Conferences & Training Total: 230.00 MNAWWA Total: 230.00 MNDOH MN Department of Health 04/09/2010 32.00 0.00 04/20/2010 Exam Fee for Water Operator - 60 1-494-9400 11370 Conferences & Training Colemer Total: 32.00 MNDOH Total: 32.00 MSFCB MN Fire Service Cert. Board 20100409083648 04/09/2010 10 1-420-2220 11370 Conferences & Training 20100409083648 Total: MSFCB Total: 340.00 0.00 04/20/2010 Firefighter Recertification X 17 340.00 340.00 Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 NAPA NAPA Auto Parts 620718 04/14/2010 30.71 0.00 04/20a0to Parts - Fire No 0000 101-420-2220 14040 Repairs/Maint Eqpt 620718 Total: 30.71 NAPA Total: 30.71 NORTHTOO HSBC Business Solutions 03/24/2010 03/24/2010 47.10 0.00 04/20/2010 Chocks, bungees arid pin for Ranger No 0000 101-420-2220-44040 Repairs/Maint Eqpt 03/24/2010 Total: 47.10 3298 04/12/2010 74.97 0.00 04/20/2010 Brake Controller - Fire No 0000 101-420-2220-42210 Equipment Parts 3298 Total: 74.97 NORTHTOO Total: 122.07 ONECALL One Call Concepts, Inc Gopher Stat 0030617 03/31/2010 119.60 0.00 04/20/2010 Line Locats - March 2010 No 0000 101-430-3100-43150 Contract Services AP - To Be Paid Proof List (04/15/10 - 5:55 PM) Page 7 Invoice # Inv Date 0030617 Total: ONECALL Total: PITNEY Pitney Bowes 372620 04/02/2010 101-410-1320-42000 Office Supplies 372620 Total: PITNEY Total: PITNEYRE Reserve Account Pitney Bowes 03/15/2010 03/15/2010 101-410-1320-43220 Postage 03/15/2010 Total: PITNEYRE Total: PLANTH PLANT HEALTH ASSOCIATES, INC 999-10 04/15/2010 101-430-3250-43150 Contract Services 999-10 04/15/2010 203-490-9070-43150 Contract Services 999-10 Total: PLANTH Total: PRESS Press Steven 04/06/2010 04/06/2010 101-410-1450-43620 Cable Operations 04/06/2010 04/06/2010 101-000-0000-20201 Use Tax Payable 04/06/2010 Total: 04/12/2010 04/12/2010 101-410-1450-43620 Cable Operations 04/12/2010 Total: PRESS Total: REED Reed Business Information 4364034 04/07/2010 101-410-1450-43510 Public Notices 4364034 Total: REED Total: AP - To Be Paid Proof List (04/15/10 - 5:55 PM) Amount Quantity Pmt Date Description Reference 119.60 119.60 299.52 0.00 04/20/2010 Postage Machine Rental 299.52 299.52 500.00 0.00 04/20/2010 Postage 500.00 500.00 960.00 0.00 04/20/2010 Forester Services - March 2010 72.00 0.00 04/20/2010 Forester Services - Developments 1,032.00 1,032.00 62.93 0.00 04/20/2010 Cable CC Meeting 04/06/10 -4.05 0.00 04/20/2010 Use Tax Payable 58.88 58.88 0.00 04/20/2010 PZ Meeting - Cable 4/12/2010 58.88 117.76 167.28 0.00 04/20/2010 2010 Seal Coat Project 167.28 167.28 Task Type PO # Close POLine No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 Page 8 Invoice # Inv Date RIVERCTY RIVER CITY SERVICES 717 03/31/2010 101-430-3100-43840 Refuse 717 Total: RIVERCTY Total: RIVRCOOP River Country Cooperative 03/31/2010 03/31/2010 101-420-2220-42120 Fuel, Oil and Fluids 03/31/2010 Total: RIVRCOOP Total: ROGERS Rogers Printing Services, Corp 17041 04/06/2010 101-410-1320-43090 Newsletter/Website 17041 04/06/2010 101-430-3200-43090 Newsletter 17041 04/06/2010 101-000-0000-20201 Use Tax Payable 17041 Total: ROGERS Total: RUD Prince-Rud Diane 04/05/10 04/05/2010 101-410-1940-44010 Repairs/Maint Contractual Bldg 04/05/10 04/05/2010 101-420-2220 11010 Repairs/Maint Bldg 04/05/10 04/05/2010 101-410-1940-42110 Cleaning Supplies 04/05/10 04/05/2010 101-000-0000-20201 Use Tax Payable 04/05/10 Total: RUD Total: SAMSCLUB Sam's Club 132363120012322 04/13/2010 101-420-2220 11300 Miscellaneous 132363120012322 Total: 18616099304395 04/15/2010 101-420-2220 11300 Miscellaneous 18616099304395 Total: Amount Quantity Pmt Date Description Reference 60.00 0.00 04/20/2010 Trash Disposal - Dumped on road Sanct. 60.00 60.00 249.00 0.00 04/20/2010 Fuel - Fire 249.00 249.00 1,773.00 0.00 04/20/2010 Newsletter 543.00 0.00 04/20/2010 Recycle Insert 159.23 0.00 04/20/2010 Tax 2,475.23 2,475.23 342.00 256.50 27.52 -38_50 587.52 587.52 0.00 04/20/2010 0.00 04/20/2010 0.00 04/20/2010 0.00 04/20/2010 Cleaning City Hall & Annex Cleaning Fire Hall Supplies Use Tax 25.10 0.00 04/20/2010 Fire Station Supplies 25.10 -30.44 0.00 04/20/2010 Credit on Returned Items -30.44 Task Type PO # Close POLine # No • 0000 No No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (04/15/10 - 5:55 PM) Page 9 Invoice # Inv Date Amount Quantity Pmt Date Description Reference 349-06-09596 04/13/2010 42.96 0.00 04/20/2010 Hangers For Gear - Fire 101-420-2220-44300 Miscellaneous 349-06-09596 Total: 42.96 SAMSCLUB Total: 37.62 Task Type PO # Close POLine # No 0000 TESSMAN Tessman Company Corp S123342-IN 04/01/2010 186.39 0.00 04/20/2010 Seed & fert. for Boulevard Repairs No 0000 101-430-3125-42250 Landscaping Materials S123342-IN Total: 186.39 TESSMAN Total: 186.39 TKDA TKDA, Inc. 000201000855 04/12/2010 372.10 0.00 04/20/2010 Development - Whistling Valley III 203-490-9070-43030 Engineering Services 000201000855 Total: 372.10 000201000856 04/12/2010 138.85 0.00 04/20/2010 Development - Discover Crossing 203-490-9070-43030 Engineering Services 000201000856 Total: 138.85 000201000857 04/12/2010 74.10 0.00 04/20/2010 Surface Water Mgmt Plan 603-496-9500-43030 Engineering Services 000201000857 Total: 74.10 000201000858 04/12/2010 16,850.74 0.00 04/20/2010 2010 Street & Water Quality Project 417-480-8000-43030 Engineering Services 000201000858 Total: 16,850.74 000201000859 04/12/2010 185.14 0.00 04/20/2010 Public Works Assistance - Engineering 101-430-3100-43030 Engineering Services 000201000859 04/12/2010 4,388.67 0.00 04/20/2010 Misc. Engineering 101-410-1930-43030 Engineering Services 000201000859 04/12/2010 426.93 0.00 04/20/2010 Planning - Engineering 101-410-1910-43030 Engineering Services 000201000859 Total: 5,000.74 000201000860 04/12/2010 462.84 0.00 04/20/2010 Building Dept. Engineering 101-420-2400-43030 Engineering 000201000860 04/12/2010 1,421.38 0.00 04/20/2010 Planning Dept. - Engineering - 101-410-1910-43030 Engineering Services 000201000860 04/12/2010 838.30 0.00 04/20/2010 Infrastucture - Engineering 409-480-8000-43030 Engineering Services 000201000860 04/12/2010 46.28 0.00 04/20/2010 Parks -Engineering 404-480-8000-43030 Engineering Services 000201000860 04/12/2010 879.40 0.00 04/20/2010 Surface Water - Engineering 603-496-9500-43030 Engineering Services 000201000860 04/12/2010 1,172.03 0.00 04/20/2010 Water -Engineering 601-494-9400-43030 Engineering Services AP - To Be Paid Proof List (04/15/10 - 5:55 PM) 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 10 Invoice # Inv Date 000201000860 04/12/2010 602-495-9450-43030 Engineering Services 000201000860 Total: 000201000861 04/12/2010 417-480-8000-43030 Engineering Services 000201000861 Total: 000201000862 04/12/2010 409-480-8000-43030 Engineering Services 000201000862 Total: 000201000863 04/12/2010 601-494-9400-43030 Engineering Services 000201000863 Total: TKDA Total: UMBIOSAG U of M Biosystems & Ag Eng 04/06/2010 04/05/2010 101-420-2400-44370 Conferences & Training 04/06/2010 Total: UMBIOSAG Total: VISA-SL VISA 04/01/2010 101-410-1320-44370 Conferences & Training 04/01/2010 101-410-1320-44300 Miscellaneous 04/01/2010 101-410-1320-44300 Miscellaneous Total: VISA-SL Total: VISALE40 VISA 8040 03/31/2010 101-410-1450-43180 Information Technology/Web 8040 Total: VISALE40 Total: WAS -IS Washington County 1734 03/31/2010 101-410-1450-43180 Information Technology/Web 1734 Total: AP - To Be Paid Proof List (04/15/10 - 5:55 PM) Amount Quantity Pmt Date Description Reference 277.70 5,097.93 5,177.02 5,177.02 2,584.69 2,584.69 3,670.41 3,670.41 38,966.58 25.00 25.00 25.00 334.56 64.22 15.00 413.78 413.78 5.98 5.98 5.98 46.00 46.00 0.00 04/20/2010 Sewer - Engineering 0.00 04/20/2010 Jima 5 Roundabout - Engineering 0.00 04/20/2010 2010 Sealcoat Project Task Type PO # Close POLine # 0.00 04/20/2010 Water Systems Strategies - Engineering - 0.00 04/20/2010 Late Fee for Erosion & Stormwater Cert 0.00 04/20/2010 0.00 04/20/2010 0.00 04/20/2010 Annual Clerks Conference Luczak & Slumby Recognituin Clerks Certification Luczak Annual Card Fee 0.00 04/20/2010 Charge on Windows Upgrade 0.00 04/20/2010 County Tax Info for Auditors No No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 Page 11 Invoice # Inv Date WAS -IS Total: WASRADIO WASHINGTON COUNTY 65888 03/29/2010 101-420-2220-43230 Radio 65888 Total: WASRADIO Total: WITTER Witter Nick 04/07/2010 04/07/2010 101-420-2220-43310 Mileage 04/07/2010 Total: WIlIER Total: XCEL Xcel Energy 51-4504807-7 101-450-5200-43810 51-4504807-7 602-495-9450-43810 51-4-504807-7 101-430-3160-43810 51-4572945-7 101-430-3160-43810 51-4576456-3 101-420-2220-43810 51-4580376-5 101-410-1940-43810 51-4580376-5 101-430-3160-43810 51-4733556-8 101-450-5200-43810 51-5044219-0 101-450-5200-43810 51-5275289-3 101-450-5200-43810 04/12/2010 Electric Utility 04/12/2010 Electric Utility 04/12/2010 Street Lighting 51-4504807-7 Total: 04/12/2010 Street Lighting 51-4572945-7 Total: 04/12/2010 Electric Utility 51-4576456-3 Total: 04/12/2010 Electric Utility 04/12/2010 Street Lighting 51-4580376-5 Total: 04/12/2010 Electric Utility 51-4733556-8 Total: 04/12/2010 Electric Utility 51-5044219-0 Total: 04/12/2010 Electric Utility 51-5275289-3 Total: AP - To Be Paid Proof List (04/15/10 - 5:55 PM) Amount Quantity Pmt Date Description Reference 46.00 3,800.76 0.00 04/20/2010 1/4rly user fee for 800 MHz radios 3,800_76 3,800.76 149.48 149.48 149.48 0_00 04/20/2010 Mileage 70.55 0.00 04/20/2010 Lights at Legion Park 73.94 0.00 04/20/2010 Lift Station 28.01 0.00 04/20/2010 Traffic Lights 172.50 29.13 0.00 04/20/2010 Street Lights 29.13 555.17 0.00 04/20/2010 Fire Station 2 555.17 655.16 0.00 04/20/2010 City Hall 25.55 0.00 04/20/2010 Traffic Lights 680.71 9.28 0.00 04/20/2010 Tennis Courts 135.99 0.00 04/20/2010 Parks Building 135.99 10.15 0.00 04/20/2010 Pebble Park 9.28 10.15 Task Type PO # Close POLine # No No 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 12 Invoice # 51-5356323-8 601-494-9400-43810 51-5522332-2 101-430-3160-43810 51-5747685-4 101-450-5200-43810 51-5916043-7 602-495-9450-43810 51-6429583-8 602-495-9450-43810 51-6433976-2 101-420-2220-43810 51-6625457-1 101-450-5200-43810 51-6736544-2 101-430-3160-43810 51-6928283-3 101-430-3160-43810 51-6956201-4 101-450-5200-43810 51-7538112-1 101-430-3100-43810 51-8126093-5 601-494-9400-43810 51-8711719-3 101-430-3160-43810 Inv Date 04/12/2010 Electric Utility 51-5356323-8 Total: 04/12/2010 Street Lighting 51-5522332-2 Total: 04/12/2010 Electric Utility 51-5747685-4 Total: 04/12/2010 Electric Utility 51-5916043-7 Total: 04/12/2010 Electric Utility 51-6429583-8 Total: 04/12/2010 Electric Utility 51-6433976-2 Total: 04/12/2010 Electric Utility 51-6625457-1 Total: 04/12/2010 Street Lighting 51-6736544-2 Total: 04/12/2010 Street Lighting 51-6928283-3 Total: 04/12/2010 Electric Utility 51-6956201-4 Total: 04/12/2010 Electric Utility 51-7538112-1 Total: 04/12/2010 Electric Utility 51-8126093-5 Total: 04/12/2010 Street Lighting 51-8711719-3 Total: XCEL Total: Report Total: Amount Quantity Pmt Date Description Reference 1,344.31 1,344.31 36.08 36.08 119.15 119.15 17.09 17.09 15.79 15.79 316.54 316.54 96.39 96.39 1,864_94 1,864.94 25.69 25.69 53.01 53.01 2,217.26 2,217.26 123.40 123.40 10.40 10.40 7,832.98 77,034.36 0.00 04/20/2010 Wells 1 & 2 0.00 04/20/2010 Traffic Lights 0.00 04/20/2010 Arts Center 0.00 04/20/2010 Lift Station 0.00 04/20/2010 Lift Station 0.00 04/20/2010 Fire Station 1 0.00 04/20/2010 Legion Park 0.00 04/20/2010 Street Lights 0.00 04/20/2010 Traffic Lights 0.00 04/20/2010 VFW Ballfields 0.00 04/20/2010 Public Works 0.00 04/20/2010 Water Tower 2 0.00 04/20/2010 Speed Sign Hwy 5 Task Type PO # Close POLine # No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 No 0000 No No No 0000 0000 0000 AP - To Be Paid Proof List (04/15/10 - 5:55 PM) Page 13 Ciresi" ".. LAKE ELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 04/20/2010 CONSENT ITEM #: 3 MOTION as part of Consent Agenda Approval of Water Meters Replacement Tom Bouthilet, Finance Director Bruce Messelt, City Administrator8--4 Mike Bouthilet, Public Works Director SUMMARY AND ACTION REOUESTED: As part of the Consent Agenda, the City Council is asked to approve the purchase of approximately 245 new water meters to replace outdated meters, with a total expenditure amount not to exceed $ 70,000.00. BACKGROUND INFORMATION: The City currently has approximately 245 water meters with "phone read" equipment. This method of meter reading collection has become out -dated due to a variety of reasons, such as utilization of cell phones in lieu of land lines, digital lines through cable service, and increased line draws. As a result of phone 'read failures and our current radio read issues (wiring disconnected during remodels, failures in splices, etc.) the water department is experiencing a high percentage of reading failures. STAFF REPORT: During the 2010 Budget/Capital Improvement review process, the Budget & Finance Sub -Committee identified the need to replace the phone read meters and set aside $70,000 toward the purchase of new meters. This project was approved by the City Council in December 2009 as part of the 2010 Capital Improvement Program for the Water Utility. OTHER CONSIDERATIONS — FINANCIAL: The cost. of each meter, installation labor included is $ 285.50. This price will allow the City to purchase 245 replacement meters RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council approve the purchase of approximately 245 new water meters to replace existing dated meters as part of tonight's Consent Agenda by undertaking the . following action: -- page 1 -- City Council Meeting Approval of Water Meters Replacements April 20th, 2010 Consent Agenda Jtem # 3 "Move to approve the purchase of apporximately245 new water meter at a total price not to exceed $70,000.00." Alternatively, the Council may elect to remove this item from the Consent Agenda as undertake separate discussion and action on this item, as appropriate. ATTACHMENTS: 1. 2010 Capital Project Report Summary 2. Northern Water Works 2010 Price List SUGGESTED ORDER OF BUSINESS: (if removed from the Consent Agenda) Introduction of Item .......... . ...... ............. ....,....„............ ....... . City Administrator Staff Report Finance Director Questions from Council to Staff ............... ............ ......,.... Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion... ...... . ....... .....,...... ................ ...... . ....... Mayor Facilitates -- page 2 -- northern water works supply FERGUSON WATERWORKS City: PAR #: City Contract #: Programming requirements: ISize: 1(T-10) 15/8 15/8 X 3/4 13/4 SL 13/4 11 11.5 12 (HP Turbine) 1.5 2 3 4 6 8 110 112 (TRU/FLO Compound) 2 3 4 6 6 x 8 I(Radio) 'Neptune R900 V3 Prices Do Not Include Sales Tax. Lake Elmo City Contract Per: Tom Bouthiet Program all Compound Hi/Low RF - 6 Wheel Expiration Date: 12131/2010 " Option to pass on Raw Material increases. Product Description: 2010 (Proread or E-Coder) (Gallon or CF)1 I Sell I E-Coder/R900i - Gallon I E-Coder/R900i - Gallon I E-Coder/R9001 - Gallon 1E-Coder/R900i - Gallon E-Coder/R9001 - Gallon I E-Coder/R900i - Gallon I E-Coder/R900i - Gallon E-Coder/R900i - Gallon E-Coder/R900i - Gallon E-Coder/R900i - Gallon E-Coder/R900i - Gallon E-Coder/R900i - Gallon E-Coder/R900i - Gallon E-Coder/R900i - Gallon E-Coder/R900i - Gallon E-Coder/R900i - Gallon E-Coder/13900i - Gallon E-Coder/R900i - Gallon E-Coder/R900i - Gallon E-Coder/R9001 - Gallon $199.23 $199.23 $244.62 $244.62 $313.08 $506.92 $689.23 $578.57 $600.00 $1,050.00 $1,421.43 $2,600.00 $3,850.00 $6,028.57 $1,621.43 $2,257.14 $2,985.71 $4,907.14 $6,957.14 $92.86 Below computation added by City $ 199.23 Charge Per Meter $ 7.00 Fittings $ 65.00 Installation Labor $ 14.27 Tax $ 285.50 Total Per Meter $ 70,000.00 CIP $ 285.50 Cost per meter 245 Total Meters City of Lake Elmo Capitol Projects Summary 2010 FundfCater ory Park Dedication r4Qg) Parks Perks Parks Parks Parks Perks Parks Parks Parks Parks Parks Parks Total Perk Dedication (404) nirastrucwre Reserve (409) nfrastructure nfrastructure nfrastructure nfrestruclure nfrastructure nfrestructure Proleci Sunfish Lake Park Cantage Stallon Lions Perk Sunfish Lake Park Sunfish Lake Park Sunfish Lake Park Slgnege Pebble Park Pebble Park DeMomrevllle Perk Sunfish Lake Park Trall Improvements (2010 projects, net Including sealcoelin Per2D09 Transportation plan See touting (sae 2010 detail below) 57TH ST N 53RD ST N ISLE AVE N JANE RD N JAMACA AVE ROUNDABOUT (MSAS) Total Infrastructure Reserve (409) Ca opal Acoulsl8nne 14101 Information Technology Information Technology Information Technology information Technology Bullding Fire Fire Fire Public Works City Hall network Replacement equipment License updates Finance software upgrade Bldg Penult Upgrade Upgrade to Station 1 Upgrade to Station 2 2 sets turnout gear Plck•up Truck Total Capital Acquislllons (410) Village 0413) Village Village Village development analysis Village comprehensive planning Detail or Street FromfTo Information Kiosk Pathway Replace Shelter Roof Rain Gardens Menagement Plan Soul ders, G ate,L endsca ping All Parks Tennis Court Resurface Convert Ballfield Picnic Shelter Prairie establishment budgeted in 2010 Street Improvements Fund 8417) 55TH ST TO JULEP WAY EAST SIDE OF FOXFIRE ADDITION TO KEATS AVE N JAMACA AVE N TO SOUTH END JAMACA AVE N TO WEST END JAMACA CT TO TH 6 See Surface Water Below e$35,000 50% of Total Estimated Cost 2010 Fundlra, Source $2,00D 100% DNR $2,000 Park Dedication Fees $4,000 Perk Dedication Fees 86,500 50% From Wash. Conservation 50% Park Ded. $10,000 75% Greenway 25% Park Ded. $12,000 Park Dedication Fees $13,000 Perk Dedication Fees $20,000 Park Dedication Fees $20,000 Perk Dedication Fees $45,000 Park Dedication Fees $46,500 $24,925 Greenway Grant $21,575 Park Ded. $50.000 Park Dedication Fees $233.000 $125,000 Fund Balance/General Tax Lavy $105,000 70% Properly Tax Levy; 30% Assessments $312,000 70% Property Tax Levy; 3D% Assessments $189,000 70% Property Tax Levy; 3D34 Assessments $115,000 70% Property Tax Levy; 3D% Assessments $244.007 70% MSA Funds; 30% Assessments $1,090,007 $2,500 Capltal Fund Balance $6,8DD Capltal Fund Balance $2,0D0 Cepltel Fund Balance $14,9DD Capital Fund Balance $6,900 Capital Fund Balance $28,000 Capital Fund Balance $35,000 Capital Fund Balance $5,600 Capital Fund Balance $36.000 Capital Fund Balance $134.300 $1D,000 AUARfees $50,000 AUAR fees Total Village (413) $60,000 Water 1601) Water Water Water Total Water (601) ,Surface Waterr6031 Surface Water Total Surface Weter(603) Total Clly Well and Pumphouse#4 repl cbment<wetermeters Water supply (conservallon) plan Rain Garden Improvements $885,000 MDH low Interest Lean $5.000 Net Assets 8960,000 $35,000 Net Assets $35,000 $2,512,307 e-3 AYOR & COUNCIL COMMUNICATION DATE: 4/20/201 0 CONSENT ITEM #: 4 MOTION as part of Consent Agenda AGENDA ITEM: Donation to Firefighters' Relief Association SUBMITTED BY: Honorable Dan Johnston, Mayor THROUGH: Bruce A. Messelt, City Administrator REVIEWED BY: Tom Bouthilet, Finance Director Greg Malmquist, Fire Chief Dave Snyder, City Attorney SUMMARY AND ACTION REQUESTED,: This item has been scheduled by Mayor Johnston, As part of its Consent Agenda, the City Council is asked to approve a donation from the City's General Fund in the amount of $ 1,000.00 to the Firefighters Relief Association. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION,: The Lake Elmo Firefighters' Relief Association is a stand-alone organization and separate from the Lake Elmo Fire Department. Its only function is to oversee and manage the retirement funds for the Firefighters. The City of Lake Elmo has contributed to the fund several times over the years. The City contributed to the initial start up fund, contributed when there was a procedural error and when the fund was underfunded (the 9/11 crash). For several years the Fire Department has proposed to the City Council to budget for an annual donation to the fund for several reasons; to help offset the years when there was no increase in Fire Fighter pay, to help maintain the fund, and, most importantly, to show support to not only those that currently have served the City for many years, but also to help in our recruiting and retention of new members. STAFF REPORT: The City Administrator, Finance Director and Attorney find the proposed action within the legal scope and authority of the City Council and of very limited impact to the City's overall financial position. When asked, the Fire Chief noted that support of the Relief Assoc. by the City would go a long way in expressing support to the membership and the service -- page 1 -- City Council Meeting Donation to Firefighters' Relief Association April 20th, 2010 Consent Agenda Item # 4 they provide. The Chief also believes it will also raise the awareness of the Association within the City and with future City and community leaders. RECOMMENDATION: It is recommended that the City Council consider the requested action as part of the Consent Agenda, specifically to. "Move to approve a donation from the City's General Fund in the amount of $1,000.00 to the Firefighters' Relief Association and to authorize the Mayor and direct City staff to prepare and execute the necessary Budget Adjustment." Alternatively, the City Council can remove this item from the Consent Agenda 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 proceed as directed at tonight's meeting [specified herein as . . . ATTACHMENTS: None 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 — AYOR & COUNCIL COMMUNICATION DATE: 4/20/2010 CONSENT ITEM #: 5 MOTION as part of Consent Agenda AGENDA ITEM: Resolution of Support for Mahtomedi Public Schools Bond Referendum SUBMITTED BY: Dr. Mark Wolak, Mahtomedi Public School Superintendent THROUGH: Bruce A. Messelt, City AdministratorP REVIEWED BY: Lake Elmo City Council SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve Resolution 2010-016, supporting the proposed Bond Referendum of Mahtomedi Public Schools. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: On April 13th, the City Council received a presentation by Mahtomedi Public School Officials on the planned April 27th, 2010 Bond Election. At that time, the City Council directed that this item be placed for approval on tonight's Consent Agenda Attached for Council information is a letter from the School District regarding the proposed Bond referendum, Also attached is Resolution 2010-016, offering the City's support to the upcoming April 27th Bond Referendurn STAFF REPORT: City staff offers no suggested position or specific Council action regarding this topic. RECOMMENDATION: As directed, it is recommended that the City Council affirmatively consider as part of tonight's Consent Agenda Resolution 2010-016, offering City support to the upcoming April 27th Mahtomedi Public Schools Bond Referendum. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and deliberate prior to taking action. If done so and some formal Council action is still desired, the applopliate action of the Council following such discussion would be: page 1-- City Council Meeting Support for Mahtomedi Public Schools Bond Referendum April 20th, 2010 Consent Agenda Item # 5 "Move to approve Resolution 2010-016, as Presented [and modified] herein." ATTACHMENTS: 1. March 31st 2010 Letter from Superintendent Wolak 2. Resolution 2010-016 SUGGESTED ORDER OF BUSINESS (if removed front the Consent Auenda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion .............. ......... ..................... ..„.......... Mayor & City Council Action on Motion... ..... .............. .......................... ,................... Mayor Facilitates -- page 2 -- • Mahtomedi Public Schools individual attention with a world view March 31, 2010 Dear City Leaders: District Office 1520 Mahtomedi Avenue Mantornedi, MN 55115-1900 651-407-2001 Fax: 551-407-2025 www.ruihtomedi.k12,mn.us We, the school board members and administrators of the Mahtomedi Public Schools, request your support by resolution for the upcoming facilities bond election on April 27, 2010. Approval of the bond and implementation of the strategic facilities plan will provide for a new Wildwood School, improve instructional space at the high school, and increase safety and energy efficiency at all facilities. The strategic facilities plan, a result of more than two years of study and deliberation, will provide high quality learning environments for students, staff and community for many years to come, As a partner with your city, we will improve athletic fields to accorrunodate the growing needs of area community athletic associations serving children and youth. We continue to hold community meetings to share information regarding the facilities plan and answer citizen questions. Meeting schedules, reports, supporting documents and presentation materials are available on the district's website at www.mahtornedi.k12.mn.us. Please contact me at mark.wolak @mahtornedi.k12.mn,us or 651-407-2001 if you have questions or need rnore information. Enclosed is the Resolution for your review and adoption. Please return a signed copy to me at the above address. Thank you for your support. Sincerely, Mark Wolak, Ed, D Superintendent of Schools Serving the Communities of Bellwood, Grant, Hugo, Lalca Elmo, Anahturnedi, Oakdale, Pine Springs, White Boar Lake, and Willornio CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2010-016 BOND REFERENDUM RESOLUTION SUPPORTING THE MAHTOMEDI PUBLIC SCHOOLS Whereas the City of Lake Elmo takes great pride in the success of ISD 832 and is committed to ensuring that future generations of students continue to receive the highest -quality education; and Whereas, we recognize that great schools benefit communities broadly and enhance property values for local residents; and Whereas, the strategic facilities plan for ISD 832 was developed over nearly two years in consultation with area parents, teachers, administrators and community members to identify Upgrades that meet the unique student and community needs of ISD 832; and Whereas, the strategic facilities plan will deliver significant improvements in ISD 832's math, engineering and science curriculum, as well as additional computer labs, libraries, support for modern technology in all classrooms, and safer and healthier facilities for all teachers and students; and Whereas, improvements to athletic facilities will provide enhanced opportunities for ISD 832 students, local athletic associations and community members; and Whereas, the strategic facilities plan will benefit all residents of ISD 832 by providing access to meeting space, computer labs and other resources for local civic groups and community gatherings; and Whereas, by implementing Leadership in Energy and Environmental Design (LEED) -standard improvements in all schools, including full LEED certification for the new Wildwood Elementary School, ISD 832 can continue its commitment to energy conservation by reducing consumption by 10%-15%, protecting the environment and preserving significant operating dollars for teachers and programs; and Whereas, the time is right for this project, as ISD 832 is in a unique position to maximize taxpayer value with the use.of federal stimulus Build America Bonds, lower than normal construction costs and long-term investments that will deliver efficient operations for the next 50 years. Therefore, be it resolved by the undersigned elected officer that the City of Lake Elmo is in full support of the ISD 832 facilities plan and bond referendum as approved on February 4, 2010 by the ISD 832 School Board. Mayor CITY tikKE 1 ELMO MAYOR & COUNCIL COMMUNICATION DATE: 04/20/201 0 REGULAR ITEM #: 6 MOTION AGENDA ITEM: Promotion of Andrea Friedrich and Tom Steinman from Probation to Firefighter SUBMITTED BY: Greg Malmquist, Fire Chief THROUGH: Bruce A. Messelt, City Administrato REVIEWED BY: Tom Bouthilet, Finance Director SUMMARY AND ACTION REOUESTED: On the recommendation of the Lake Elmo Fire Chief, the LakeElmo City Council is respectfully requested to approve the promotion of two Probationary Firefighters to Firefighters The recommended action on this is as follows: SUGGESTED "Move to Promote Probationary Members Andrea Friedrich and MOTION: Tom. Steinman from Probation to Firefighter Status. Following this action, it is recommended that the Mayor and Fire Chief administer the Oath of Office for Ms. Friedrich and Mr. Steinman and that the City Council appropriately congratulate these two individuals. BACKGROUND INFORMATION: Ms. Friedrich and Mr. Steinman have completed the training requirements of Probation as follows: State Certified Firefighter I & II, State Certified Hazardous Materials Operations, First Responder and CPR. This represents approximately 200 hours of training, all the while maintaining their response requirements of Duty Crews, All Calls and other Training. STAFF REPORT: The Fire Chief recommends promotion from Probationary Firefighter to Firefighter, based upon Department standards and City policies. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council approve the promotion of Andrea Friedrich and Tom Steinman from Probation Status to Firefighter within the Lake Elmo Fire Department. The action required to undertake this is as follows: page 1 -- City Council Meeting Promotion of Probationary Firefighters Friedrich and Steinman April 20th, 2010 Regular Agenda Item # 6 "Move to Promote Probationary Members Andrea Friedrich and Tom Steinman from Probation to Firefighter Status. Alternatively; the City Council may elect to not promote these individuals and to discuss with the City Administrator and Fire Chief issues relating to recruitment, training, promotion and retention of these particular individuals, and/or applicable department and City policies. ATTACHMENTS: I. Oath of Office for Firefighter Andrea Friedrich 2. Oath of Office for Firefighter Tom Steinman SUGGESTED ORDER OF BUSINESS: Introduction of Item ........... ....,......... .................. „„. Report/Presentafion ............ ......... ....... ....... Questions from Council to Staff ........... ,................., ..... Public Input, if Appropriate Call for Motion Discussion........... ................. ,....,. ............ ,............,....,.., Action on Motion. ..... ........,..... ........... ............ ............ Administration of Oath of Office...„....,. ..... ....... ......... .... Congratulations ..... .„,....,, ................ „ ..... , -- page 2 -- .... City Administrator ..... ......... Fire Chief . ...... Mayor Facilitates Mayor Facilitates Mayor & City Council Mayor & City Council Mayor Facilitates ....... Mayor Facilitates Mayor & City Council AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: REGULAR ITEM #: DISCUSSION 4/20/10 7 Presentation of CSAH 13 (Ideal Avenue/Olson Lake Trail) Driver Feedback Sign and Roadway Study Ryan Stempski, Assistant City Engineer Bruce A. Messelt, City Administrato Jack Griffin, City Engineer SUMMARY AND ACTION REOUESTED: Washington County has completed the Driver Feedback Sign and Roadway Study for CSAH 13 (Ideal Avenue/Olson Lake Trail) and will present its findings at tonight's Council Meeting. Once the report has been presented, the Council may provide direction, as necessary based upon the findings of the report. BACKGROUND INFORMATION: Within this study area, County State Aid Highway (CSAH) 13 (Ideal Avenue/Olson Lake Trail) is a two-lane north -south County highway with a posted speed ranging from 40 to 50 miles per hour (mph). CSAH 13 currently carries approximately 2,500 to 3,500 vehicles per day (vpd) in the study area and has narrow, 0' to 4' paved shoulders. The current roadway was constructed in 1945 south of Hidden Bay Trail and in 1960 north of Hidden Bay Trail, Both sections of roadway were last repaved in 1986. STAFF REPORT: Several concerns along this roadway have been identified by the City of Lake Elmo (speed limits, speed limit posting, pedestrian and bicycle safety, sight distances, and access spacing). Based upon these concerns, Washington County conducted a study of the roadway and will present the results of the study at tonight's Council Meeting. RECOMMENDATION: It is recommended that the Lake Elmo City Council receive the presentation on the Driver Feedback Sign and Roadway Study completed by Washington County and, following this presentation and discussion, provide staff direction, as necessary. — page 1 — City Council Meeting CSAH 13 Driver Feedback Sign and Roadway Study April 20th, 2010 Regular Agenda Item # 7 ATTACHMENTS: Study location map. SUGGESTED ORDER OF BUSINESS.. Introduction of Item ..................... ....... ..... .................. ..... . ..... City Administrator Report/Presentation....... .......... ............. ....,................ ........ Washington County Questions from Council to Presenter Mayor Facilitates Public Input, if Appropriate .,....... ..... . ....................... . ..... Mayor Facilitates Discussion Mayor & City Council Direction/Action Mayor & City Council -- page 2 Lake Jane Trl N 9th St N h St N CSAH 13 - Near Lake Jane Trail and Hidden Bay Trai 0Uty Study Area Figure 1 . , CITY OF LAKE ELKO '‘....." MAYOR & COUNCIL COMMUNICATION DATE: 4/20/2010 REGULAR ITEM: 8 MOTION Resolution 2010-014 AGENDA ITEM: Eder's Century Pines Preliminary and Final Plat SUBMITTED BY: Kyle Klatt, Planning Director THROUGH: Bruce Messelt, City Administrator REVIEWED BY: Kelli Matzek, City Planner Ryan Stempski, City Engineer SUMMARY AND ACTION REQUESTED: The City Council is asked to review a preliminary and final plat for a subdivision to be called Eder's Century Pines. Staff has found that the subdivision complies with all applicable zoning and subdivision requirements, and is recommending approval of both the preliminary plat and final plat as submitted. The recommended motion to act on this is as follows: SUGGESTED "Move to adopt Resolution No. 2010-014 approving a Preliminary and MOTION: Final Plat for Eder's Century Pines subject to the conditions outlined in the Staff report" BACKGROUND INFORMATION: The proposed subdivision has been requested by the Eder Family to facilitative the re -subdivision of the former family farm into seven new lots, three of which would be occupied by existing single family dwellings or farm related outbuildings. The only significant change to the configuration of lots since the sketch plan was reviewed by the City is the addition of a 1-acre parcel owned by Delmar Eder to the overall subdivision. The final lots will therefore include two existing homes, the original farmstead, three new buildable lots, and the 1.5-acre Delmar Eder property. As the next step after the City's consideration of the sketch plan for this subdivision, the applicants have submitted a request for concurrent review and approval of the preliminary and final plat for Eder's Century Pines. STAFF REPORT: The attached Staff report includes a detailed description of the property to be subdivided and a review and analysis of the subdivision and whether or not it adheres to the — page 1 -- City Council Meeting Eder's Century Pines Preliminary and Final Plat April 20th, 2010 Regular Agenda Item # 8 City's subdivision requirements. The only significant issue that has been identified by Staff is that the applicant has not yet submitted a surface water and sediment control plan that conforms to the City's recently adopted ordinance pertaining to surface water management. Since there are only three new buildable lots being created and no new public infrastructure is planned to serve this development, Staff is comfortable with this information being submitted at the time a building permit is sought on each lot. A condition of approval has been drafted to address this issue. PLANNING COMMISSION REPORT: The Planning Commission conducted a public hearing to consider testimony concerning the Preliminary Plat on April 12, 2010. There were no comments received during the hearing. The Planning Commission generally discussed the relationship of the proposed subdivision with the Comprehensive Plan, and suggested that the City may need to re-evaluate the overall population and household numbers in Rural Agricultural Density areas if larger sites are not developed at the maximum OP Open Space Preservation development densities allowed under the Zoning Ordinance. Staff pointed out that the Zoning Ordinance establishes minimum lot area and size requirements, and that the City does not otherwise mandate a specific level of development above this amount. The Commission also discussed the proposed storm water and drainage and erosion control requirements, and asked why the applicants were not required to complete a drainage analysis prior to the approval of the final plat. Staff indicated that with the larger lots that are being created, there are too many variables concerning the potential future construction on each lot to make such study meaningful at this time. With the small number of new buildable lots and the large size of each of these lots, the City Engineer does not believe a complete drainage analysis is necessary until each new home is built. The Staff recommendation includes a provision that the applicants be bound the future submission of a surface water study on each lot (through a developer's agreement) as condition of approval. The Planning Commission unanimously recommended approval of the preliminary and final plat with four conditions of approval. RECOMMENDATION: Based upon the above background -information, staff report, and Planning Commission action, it is recommended that the City Council approve the preliminary • and final plat by undertaking the following action: Move to adopt Resolution No. 2010-014 approving a Preliminary and Final Plat for Eder's Century Pines subject to the f011owing conditions: 1) The applicants shall provide evidence in a orni satisfactory to the City Attorney that warrants they havefee interest in Eder's Century Pines. page 2 -- City Council Meeting Eder's Century Pines Preliminary and Final Plat April 20th, 2010 Regular Agenda Item # 8 2) The applicants shall pay a fee in lieu of parkland dedication in the amount of $3,600 per buildable lot ($10,800 total) prior to the recording of the final plat. 3) The applicants shall enter into an agreement with the City that requires the submission of rate and volume control calculations meeting the Storm Water and Erosion and Sediment Control Ordinance for each buildable lot prior to the issuance of a building permit for each of these lots. This agreement shall be executed prior to the release of the plat for recording by the City. 4) The minimum low floor elevations for each lot must be shown on the subdivision plan prior to the recording of the final plat. Alternatively, the City Council may consider the options outlined in the attached Staff report and either 1) approve only the preliminary plat, with conditions to be addressed prior to final plat approval; 2) table the preliminary and final plat, subject to the provision of additional information; or may 3) deny the request, if it is found to be in violation the City's Subdivision regulations. ATTACHMENTS: 1. Staff Report 2. Resolution No. 2010-014 3. Final Plat — Eder's Century Pines 4. Subdivision Plan — Eder's Century Pines 5. Land Use Application Form 6. Project Summary 7. Valley Branch Letter 8. Soil Test Report 9. City Engineer Comments 10. Valley Branch Comments (3/13/10) d determination SUGGESTED ORDER OF BUSINESS: Introduction of Item ........ .............. ............ ..... ........ ........ City Administrator Report/Presentation Planning Director Questions from Council to Staff .......... . ....... ............... ..... Mayor Facilitates Public Input, if Appropriate Call for Motion Discussion Action on Motion Mayor Facilitates Mayor & City Council Mayor & City Council ...... ............ ..•.....•..••... ...... Mayor Facilitates -- page 3 -- To: From: Meeting Date: Applicant: Owner: Location: Zoning: City of Lake Elmo Planning Department Preliminary and Final Plat Review City Council Kyle Klatt, Planning Director 4/20/10 Eder Family (Entire List of Owners Documented in Application Same as Applicant (see above) 9825 47th Street; 4890 and 4950 Keats Avenue RR — Rural Residential Introductory Information Application Summarp The City of Lake Elmo has received a request from the Eder Family (for a complete listing of all affected property owners, please refer to list attached to the City's Land Use Application Form) to subdivide the family farm property into seven new parcels. The proposed subdivision will facilitate the division of the family estate amongst the remaining family members. Because there are over four lots being created by this subdivision, the applicants will need to follow the City's platting requirements, which require the submission of a sketch plan before a preliminary or final plat can be accepted by the City. A sketch plan for this subdivision was reviewed by the Planning Commission and City Council in January of this year. The applicants have now submitted a request for approval of a preliminary and final plat for the subdivision to be named Eder's Century Pines. Staff is recommending that both the preliminary and final plats be reviewed at the same time since there are only three new buildable lots being created and each of these lots are over 10 acres in size. The Planning Commission conducted a public hearing concerning the preliminary plat at its April 12, 2010 meeting. Property The applicants' property is located along Keats Avenue approximately one mile south Information: of Highway 36 and one-half mile east of Lake Jane. The bulk of the land under consideration has been owned by Eder family for over 100 years, and includes not only the original farmstead, but two other parcels that have been conveyed to family members in the past. The total area that will be included in the proposed subdivision is just slightly less than 80 acres, which does not include existing road right-of-way easements that would be rededicated to the City as part of the final plat. There has been a slight modification from the sketch plan to include the Delrnar Eder Pivirminary and Final lxiat: Eder's Centioy Plues Ci Connell Report; 4/20/10 property within the proposed subdivision. As noted during the previous review, Staff has determined that this current 1-acre parcel can be incorporated into the plat (with additional area added to it) and remain in compliance with the City's non-confonning provisions. When the original parcel was created, a 40-foot strip of land from the farm property was left in place, presumably to allow for future road or other access along a continuation of 45th Street. With the recent platting of Tapestry at Charlotte's Grove and other road improvements in this area, maintaining this strip of land does not appear necessary. Also, the driveway that serves this property is partially located on the current farmstead property. The Delmar Eder parcel will therefore be increased in size to 1.5 acres by incorporating some of the surrounding land described above while leaving a 10 + acre parcel around this parcel. Most of the property is currently used for agricultural activities, with three small wooded areas compromising the remainder of the site. The site is bisected by 47th Street, which connects to Julep Avenue and Keats Avenue also abutting portions of the property. Nearly all of the land surrounding the proposed subdivision is zoned RR — Rural Residential, including the Tapestry at Charlotte's Grove development immediately to the south. The other adjacent land uses include agricultural activities, larger rural residential lots, and the Meyer's Pine Ridge addition to the north. Soil boring and percolation tests have been performed on all of the lots included as part of the proposed subdivision, and all will be capable of meeting the City's standards for on -site sanitary facilities. A wetland delineation report has also been submitted for the property and no wetlands have been found within the area to be platted. Applicable Section 154.036 RR — Rural Residential Codes: Outlines the general requirements for the RR Rural Residential Zoning District in Lake Elmo. Some of the pertinent standards related to the proposed subdivision include the following: Min Lot Size: 10 Acres Min Frontage on a Public Street: 300 ft. Septic Drainfield Regulations: All lots must have at least 1 acre of land suitable for septic drainfields and area sufficient for 2 separate and distinct drainfield sites. Lot Configuration: All lots must be rectangular in shape and any 2 adjacent sites must have an aspect ratio not exceeding 4:1. Section 153.07 Preliminary Plat Describes the application requirements and review process for a preliminary plat request. Section 153.08 Final Plat iPg'.5111)(1114S101INIEdCr G3111411!' Sut,dinsiurds'ep (Andrcil Eder Cowry), Pon?, Fined Plat 4-20-lado.f. iminal:v and Final Plat: Eder v (:cm City Council Rcport; 4/20410 Describes the application requirements and review process for a final plat request. Section 153.13 Design Standards; Required Improvements Contains the design standards for new subdivisions. A review of these requirements is found below. Findings & General Site Overview Site Data: Lot Size: 80 acres +/- Existing Uses: Single Family Residences/Agricultural/Agricultural Outbuildings Existing Zoning: RR — Rural Residential Property Identification Numbers (PID): 10-029-21-11-0003; 10-029-21-14-0001; 10- 029-21-11-0002; 10-029-21-14-0003 Preliminary and Final Plat Review: Subdivision The applicant has submitted both a preliminary and final plat, and both of these Review: requests are being submitted for review concurrently by the Planning Commission. In this case, Staff believes it is acceptable to review both requests at the same time since the issues associated with the large lot subdivision are fairly minor, because there are only three new buildable lots being created, and because there is no new public infrastructure planned to serve any of the new lots. The overall configuration of the lots has not changed from the sketch plan with the exception of the Delmar Eder property located in the extreme southwestern portion of the plat. Rather than two outlots being platted around his property, all of this land (the existing 1-acre parcel and Y2 acre of additional land around it) is now incorporated directly into the final plat for Eder's Century Pines. Staff previously provided the Planning Commission with a review of the City's Subdivision Ordinance requirements as they pertain to the proposed subdivision, and specifically noted that because there are no public infrastructure improvements required by the proposed subdivision and no building is proposed in any of the lots in the immediate future, many of the City's subdivision requirements will not apply to this request. This analysis also addressed review comments from the City Engineer. A summary of the City subdivision ordinance requirements and previous review comments with any updated information is summarized as follows: • Blocks. The proposed subdivision will comply with all requirements for the arrangement of blocks within a subdivision. • Lots. Given the large size of the proposed parcels, the subdivision will comply with minimum area, frontage, and lot arrangement requirements. The Delmar Eder parcel (Lot 4, Block 2) does not meet the minimum area or road frontage requirements, but has been deemed acceptable since an existing non- conforming lot is not becoming less compliant through with its inclusion as part of the subdivision. Setbacks are shown on the subdivision plan and would allow ample building area within each lot. There are no shoreland or wetland Ckuutol, Pam:. SwiodiPision1Pcp Cr:ouncil Eder- Centitn, l'irw.y Final Pia: 4.,..!0-if.),(l)c Prellminar:v and Final Plat: Eder's Cenufly Pi!ICS City Council licport; 4/20/10 issues that need to be considered within the platted area. • Easements. The minimum easements as required by the subdivision ordinance have been shown in the proposed plat. The City Engineer previously requested a wider easement of 20 feet along the eastern property line, and this has been provided on the final plat. In addition, all drainage easements required by Valley Branch Watershed district are shown on the final plat. • Erosion and Sediment Control. Detailed erosion control plans will not be required as part of the platting process due to the limited number of lots that will be created and the lack of any major infrastructure installation associated with the subdivision. A Valley Branch Watershed District permit will be required as is the case with any new subdivision within their jurisdiction. A detailed site survey, including an erosion control plan, will be required with a building permit on any of the buildable parcels with this subdivision. Please also note the comments found under the "drainage" discussion. • Drainage. The City recently adopted a new surface water management ordinance, and most of the applicable standards for erosion and sediment control and drainage are found in these ordinance provisions. In some cases, these standards are more restrictive than those found in the subdivision ordinance, and should therefore be used as the minimum standards for the proposed plat. A surface water management plan is required for all subdivisions of more than three lots; however, the proposed plat is somewhat unique since there are no public improvements planned within the platted area. In order to ensure proper compliance with the erosion control standards for any new construction with the subdivision, Staff is recommending that a surface water management plan be submitted prior to the approval of any building permits for new residential structures on the buildable parcels. In order to further clarify the requirements concerning surface water management, Staff is also recommending that a 'agreement with the applicants be recorded with the property that more fully describes these future requirements. • Monuments for Plats. This section contains requirements for the placement of monuments documenting the location of property boundaries within the subdivision. Sanitary Sewer and Water Distribution and Public Facilities. There are no public services planned in conjunction with this plat. Water service is planned to follow Keats Avenue along the eastern edge of the subdivision area in the future, but it would not be feasible to require the applicants to extend infrastructure at this time to service only three new lots. Streets, Alleys, and Curbs. Since there are no new streets required to serve the subdivision, none of this section will apply to the proposed plat. General Improvements. This section contains provisions related to boulevard trees, street signs, driveway approaches, street lighting, and sidewalks, none of which apply to the subdivision under consideration since existing roads will be skj:der (:eituptPir Subdivi.don'itep Curtneil Eder- Final Pia; 4-.7.(;-10.ria:- Prelimilialy and Final Plat: 11,Wer's Pincs Cipy Council &Tort,. 4./20/1 0 used for all access to the buildable parcels. Staff is not recommending that any additional tree plantings be required since all roads that serve the new lots have been in existence prior to the subdivision and there are currently forested areas within the subdivision that will not be impacted by any future construction activity. Other issues that were identified by Staff for consideration prior to the preparation of preliminary plat include the following: Comprehensive Plan. This area is guided for Rural Agricultural Density (0.45 units per acre) which is consistent with the Open Space district zoning regulations. The City does not mandate that agricultural and rural residential property be subdivided as an open space development, and the proposed subdivision complies with the minimum area requirements for a RR — Rural Residential District. The proposed subdivision is therefore consistent with the City's Comprehensive Plan, and specifically the description of the RAD development areas a suitable for low density semi -rural residential development. • Park Dedication, The City's Subdivision Ordinance requires the dedication of public park land with any new subdivision, and the amount of land that is supposed to dedicated in a Rural Residential district is 4% of the total area being subdivided. The ordinance does allow for a cash payment in lieu of parkland dedication using a formula based on the fair market value of the property to be subdivided or a per lot fee set by the City Council for subdivisions with three or fewer parcels. Staff is recommending that the City accept a payment in lieu of land dedication based on the fee schedule set by the Council since there are only three new buildable lots proposed. In this case the applicants will be required to pay a fee of $3,600 per lot or $10,800 for the entire subdivision. Large Lot Planning. The City's subdivision rules state that the City can require a future re -subdivision plan be submitted with a large lot subdivision, The purpose of such a plan would be to show how the property could be re - subdivided at some point in the future into smaller lots. During the sketch plan review, the Planning Commission and Council determined that a re - subdivision plan (or ghost plat) will not be required as part of the Eder's Century Pines review. Delmar Eder Property. This property has now been included as part of Eder's Century Pines and the resulting 1.5 acre parcel will be recognized as a legal non -conforming lot in a RR — Rural Residential zoning district. Development Agreement. Although there is no planned public infrastructure or other significant private improvements that would otherwise mandate a development agreement, Staff is recommending that an agreement be prepared and executed prior to the recording of the final plat to address the need for surface water management on each new building site. lam( UySabdivisionsZder Coinv:v, id Conm:11 EdoFlnai Pew, --;-20-1(1.du: ilagr Prelim/luny and Final Piat: Ede, Centtoy Pines City Cothwil Rbport; 4/20/10 Final Plat Process. Given the relatively minor number of issues that need to be address by the applicants and small number of new buidable lots to be created, Staff has recommended that he preliminary and final plat stages be combined into one land use application and subsequent City review. Road Dedication. The proposed subdivision will help clean up some of the issues associated with the existing roadway easements that run through. the subdivision area by dedicating these easements as public roadways on the plat. The Engineer has reviewed the roads to be dedicated and found that they are consistent with the previous easement descriptions, and in some cases, provide additional right-of-way width that now meets the applicable code requirements. City Engineer Contments. Al] comments received from the City Engineer regarding the sketch plan have been addressed with the preliminary and final plat submissions, with the following exceptions: 1) the Engineer has noted that the volume control calculations regarding stoini water and erosion and sediment control have not been provided, and that an agreement should be required that requires these calculations to be provided prior to any new construction within the subdivision, and 2) the Engineer has requested that minimum low flood elevations for each lot be shown on the subdivision plan. Staff has drafted conditions of approval to address the Engineer's final review comments. Tree Planting Requirements. After reviewing the present site conditions with the City Forester, staff is not recommending that any additional tree plantings be required, either within public boulevard areas or on private property. Conclusion: Based on the information submitted and compliance with previous review comments, it appears that the applicants have addressed all previous concerns regarding the sketch plan. The subdivision review should be fairly straight -forward at this point in time, and public a public hearing was conducted by the Planning Commission to seek public comments on the preliminary plat. Based on the preceding review, Staff has found that all applicable conditions of approval as outlined by the city code Staff has further determined that no revisions to the preliminary plat are necessary, and is therefore recommending that the Commission recommend approval of both the preliminary and final plat. Additional As noted in the response to the wetland delineation report by the Valley Branch Information: Watershed District, a permit will be needed from the watershed district related to the new subdivision. Staff has attached the overview report concerning the soil borings and percolation tests performed on the property, which indicates all lots will be able to accommodate a primary and secondary sanitary system. (.-on fa:v S )..(ih'+.,;t:(, 1:z;17) Cur ir 4:11 Eder (1. ear (1:1 Pli7c,',S. F1170( Pia/ 4-30-i 0, ;10 Page 6 Prelitninmy and Final Piot: Eder's Century Pines City Council Report,- 4120.0 Recommendation: Planning The Planning Commission recommends that the City Council approve the preliminary Commission plat and final plat for Eder's Century Pines, provided the following conditions are met with respect to the final plat: 1) The applicants shall provide evidence in a foim satisfactory to the City Attorney that warrants they have fee interest in Eder's Century Pines. 2) The applicants shall pay a fee in lieu of parkland dedication in the amount of $3,600 per buildable lot ($ 10,800 total) prior to the recording of the final plat. 3) The applicants shall enter into an agreement with the City that requires the submission of rate and volume control calculations meeting the Storm Water and Erosion and Sediment Control Ordinance for each buildable lot -prior to the issuance of a building permit for each of these lots. This agreement shall be executed prior to the release of the plat for recording by the City. 4) The minimum low floor elevations for each lot must be shown on the subdivision plan prior to the recording of the final plat. Council The City Council should consider the following options if it does not wish to take Options; action consistent with the Planning Commission recommendation: A) Recommend approval of the preliminary plat with any changes that are requested by the City Council and table taking action in the Final Plat until these changes have been addressed. B) Table taking action on the preliminary plat in order to request additional information from either staff or the applicants. C) Recommend denial of the preliminary plat with findings that the proposed subdivision will not comply with the City's subdivision standards. cc: Folz, Freeman, Erickson, Inc.; 12445 55th Street N Cenuw), Piire,'SuivirviyitpnRcp Conned Pine. Final Piot Pa,,,ze. 7 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2010-014 A RESOLUTION APPROVING A PRELIMINARY AND FINAL.PLAT FOR EDER'S CENTURY PINES WHEREAS, the City of Lake Elmo is a rnunicipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Folz, Freeman, Erickson, Inc., 12445 55th Street North, acting on behalf of Joel and Judith Eder; Emilie and Dean Carlson; Delmar and Joan Eder; Richard and Janet Eder; Melvin and Jane Eder; Mary Shervheim; Anne Marie Lundgren; and John Eder (Applicants) has submitted an application to the City of Lake Elmo (City) for a Preliminary and Final Plat for Eder's Century Pines, a copy of which is on file in the City of Lake Elmo Planning and -Zoning Depaitment; and WHEREAS, the City has accepted and reviewed both the Preliminary and Final Plat for Eder's Century Pines concurrently for the following reasons: there are a small number of new buildable lots that will be created with the subdivision, each new lot is over 10 acres in size, and no new public infrastructure is required to serve the subdivision, and WHEREAS, the Lake Elrno Planning Commission held a public hearing on April 12, 20010 to consider the Preliminary Plat request and considered and reviewed the Final Plat request at this same meeting; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary and Final Plat lat as part of a memorandum to the City Council from Planning Director Kyle Klatt for the April 20, 2010 Council Meeting; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary and Final Plat; and WHEREAS, the City Council reviewed the Preliminary Plat concurrently with the Final Plat at the City Council meeting held in April 20, 2010 NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Preliminary and Final Plat for Eder's Century Pines subject to the following conditions: 1) The applicants shall provide evidence in a form satisfactory to the City Attorney that warrants they have fee interest in Eder's Century Pines. 2) The applicants shall pay a fee in lieu of parkland dedication in the amount of $3,600 per buildable lot ($10,800 total) prior to the recording of the final plat. 3) The applicants shall enter into an agreement with the City that requires the submission of rate and volume control calculations meeting the Storm Water and Erosion and Sediment Control Ordinance for each buildable lot prior to the issuance of a building permit for each of these lots. This agreement shall be executed prior to the release of the plat for recording by the City. 4) The minimum low floor elevations for each lot must be shown on the subdivision plan prior to the recording of the final plat. Passed and duly adopted this 20m day of April 2010 by the City Council of the City of Lake Elmo, Minnesota. Dean A. Johnston, Mayor ATTEST: Bruce Messelt, City Administrator • r/1 1 EDER'S CENTURY PINES SW Y. Vicinity Map Soebia, FR MEN - R2IN Rtrerwstrcn Oman, A1:m..0261 OfNGINAL SE trr 1 INCH loo Fa-2 rrd., 222 SICAEE AY FEET LEGEND 0 DENOTE-5 SET )5 NCH BY 16 INCH IRCN PIPE MONUMENT WARM) WIN A FLASFIC CAP INSORIDED 'FREEMAN 15 16909, UNLESS 0101111 6066616150 • DENOTM MIND 1110NU61ENT, SIZE AND MARKINGS AS INDICATED NOTES 1) ORIENTATION OF THIS BEARING SYSTEM LS BASED CH THE WASHINGTON COITNIT MORO/NATE 5101n1 NADIA 2165661 THE MORIN LINE OF THE NET" OF THE NET/4 OF 6251101.1 10. 12072. 101212 NEARS NN9-40,19-E, 2) DRAINAGE AND WERT EASSIENTS BEINC 10 FEET MOE AlDIC ALL BLOCK UNES AND 5 FEET WOE EACH ME OF ALL. LOT LINES, UNLESS SNOW OTHER1NSE. FEH 1 8 NO P t ot ;,11.) / / / 3500 i .-' 35.00 ,.• ' T.J. or '' . Penduor Aka TT Yie a.cessearrzwe ..TC.a. 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I I 2 4 Z I 417;li —/7 -e 2 14CEIVED FEB 1 6 2010 C)TY OF LAKE ELMO Tont hbar Vicinity Map Section To. E29N - FEEIW Wardrindoo Counts kr.onderho ORMINAL, VFIIF 1 WM - 100 fEET " atel SCALE IN FEET LEGEND EDER'S CENTURY PINES tLv 0 DENOTES SET A INCH BY 12 0404 MN PIPE MOSIBIENT MARKED WTH A FUSTIC CAP INSOCBED 'FIREMAN LS WW2% 220.225 SHORN OTHERYASE • DENOTES FOUND MOVAIENT, SIZE AND MARRINDS AS INDICATED 01. DENOTES POWER POLE C) EMOTES TELEPHOhl MAM101-E 15 DENOTES TELEPHONE PEDESTAL BB DENOTES APPROXIMATE LOCATION OF IIEU- NOTES I) ORIENTATION OF THIS MUSIC DT aft IS BASED Ctl THE WAMENGTON COUNTY DOCIRCANATE SYSTEM (NANO) TACK THE WERTH UNE OF THE NE1/4 OF THE NE1/4 Cf SECTION 10, 175N, KM BEARS NB22I0C4VE 3) ELEVATIONS BASED ON THE NCNTIt AMERICAN VERTICAL DARN 1888. STE BENCHMARK CS THE TOP OF A WASFoNGItof COUNTY CAST IRCISI MOIRRIENT AT IFE NCRTHEAST COMER Cr 52C1160 10. TON. 021111 BENCMARK 51EVA1104 - %MAO FEET 3) ZONING INFORMATION FROM OTY OF LAKE ELMO ZUONG MAP DATED DP-r7-07. 4) PARCEL IDENEFICARON NUMBERS. FLAWS AND ADDRESSES FROM WAMINCTON COUNTY DUI DIFORILIHICN. 5) DROSS AREA OF FIAT - 7111.5 ACYES. ROADWAY TO EIE DEDICATED - 4.7 ADYFR 19 DRAINAGE AND MLITT EASEMENTS REINS 10 FEET I622E ALCM All BLOCK') UTIU• AND 5 FEET NIDE EACH SME Of AU. LOT UNES, 010.001 SNOW OTHERWISE 7142 WETLANDS WOOED C24 snE. trrirx OF CONCURRENCE 0.111122 DATED NOVEMBER CO. Mt 8) SOILS TESTS BY ECRUN SOILS TESTI= AND DEFECTIONS NOVEMS06_27, 20O9. / hereof eorra that this' Araircy, plan at- report war peTeenTal na wafer my aranct superearia" e areda dm didyLfeenserdLarsitornesyr ruder at lam 17,2010 ra Rezia' lone 12-7A-03 AOOcntlefee ert rortamai of &enter. Rocaudato ond roofs. ern* 01-21 -I ROTOR 02tl20 eexf creole Lof 4, Block I. per Plowing Ceenrolosien requme Increase droicoge/olIty oomenerfLorielth cleng Pm oast One of Med, 2 to ID Not ro Pala. Add WSW prfreo-y Goa Boundary septic cram Add opprotirriele leforren of aryfflo end oil en Lnt C2-0-10 Add Orcfnerge one Ord, enweeento Afaming arenplernn ot chino9D oACIF,Dis ea..ne-LAP,Pna' La a Lea Lae 7s,so PF - Pas.- 2 PeeteAlefele the Jaws -Jr -Fa -ow .too, &wasp c • I . aaaTiLhaeanne •6, 0.340$44-Peadal2 , da-areszreatena Peenen e nap Lean..< Perim .„ Lae.- BL:Ceaik 3 • - - adaffraradatial IN.cr ePP."T 1"17— "V " ra.ic 41- rai.el I a I 04 51 11 Preliminary Plat — -7 04 — ssc-9•W4-- •-•-432627 - - Anereepa nee3,thTaPT Eaiaaal' . Tdif'F'1516.16 lor 1 JZA XCXES LFE 9611.9 (ErisrAv) LFE .972:1 Farzoe neap Lea a ea , Tann 15'T61 Pep a- ca ado, a ne AGM fte rear -Cana. r,77. "...crow toe...wee Ameo 7 ........... Semneer -Dm hoar . . 1 .ere. 07,17 A , \ • far i ' ..,-.•,, PT Se. —Iri-47 4 7S. 77. 44 .174 --- /;:#77 Ant-SW-44.W. Len- 128 Ace.4-..s LFE 57e51 \ 11 Folz, Freeman., Erickson., Inc. LAND PLANNING • SURVEYING • ENGINEERING 20 12445 55Tlf STREET NORTH LAKE ELMO, MINNESOTA 55042 now (651) 439.8833 Fax (651) 430-4331 JR Ewe Ina-, 5 Cie L- Arx.eh, (4/..Doeteerce rem, xol000 er 1Pf. ;IP off. O e" ^ ex 15 taaapez fer 11. team ean &Ler Lava, 1.2 823.91393497V ./ , • • -Zaiina RR -,,Rote; Rks000T 70-4/-1-6023 JAAr frac Alame Abe,/ I 52 a a -.001 LOr 12.8 ACRE5 LFE 771-3 . ic( , Aur Re0 002904 Ala.! PeeT J Pap regew roe,. , -TRAHZ0 ' &AP-- eal Taw &vac a. fel R 6,772-75 52)5 T -Lug Awe —770— — Lela Panne Dud. Seerar, 72)20 erAW .eiren.Otee 11.41' Jew rier..oe • fraerosrey . TORO 1/13031 ,,...--Atweefer- Caw Seamy IT e ral Rar Dewy Cow law Adana a • 1 ° City of Lake Elmo DEVELOPMENT APPLICATION FORM El Comprehensive Plan Amendment El Zoning District Amendment D Text Amendment Flood Plain C.U.P. Conditional Use Peiniit El Conditional Use Permit (C.U.P.) 11 Variance (See below) El Minor Subdivision Lil Lot Line Adjustment El Residential Subdivision Sketch/Concept Plan El Site & Building Plan Review APPLICANT: FoLZ. .R7€€kA.ERA (Name) (Mailing Address) TELEPHONES: &SI- 439 - E3S3S (Home) (Work) (Mobile) FEE OWNER: S EE A (Name) TELEPHONES: (Home) Fee $ Residential Subdivision Preliminary/Final Plat 01 - 10 Lots 0 11 - 20 Lots 0 21 Lots or More E] Excavating & Grading Permit E] Appeal PUD 2445 .551-1-, ST2E-ET t3o(Z-1-1-1 LA e.E. El-P-A 0 1,-1 5. 5(34 2. (Zip) (Fax) A 4-14 E i-I ST OF OW raE ZS A AID .A7T-LA. 17- E (Mailing Address) (Work) (Mobile) (Fax) (Zip) PROPERTY LOCATION (Address and Complete (Long) Legal Description); Se A-rr....8.4„-i4eC) PEEPS' P. r.D. -i4-ocj -00e3 D r) - r - I -0003 R„..r. O. to - - 1 - neDe--)Z q Z 47-I k "5-nzez-r 002-ri-1 LA E kLJI4e) 8'40 4-TS A tiot-Aue K.10Wri-1 LA,e_E 49 sn t•e-a-4-r &J3uE dza-714 LAKE ELekito DETAILED REASON FOR REQUEST: .7)1111DE 7 6 A c_IZ,eFAA h\T—r, X 1-63T-S 'Tka FE ItA3E.ID Ry &Amy N-LE 'Log gs• IJA ILI ED iP-3 r D 12-E e-r-J2.1>ef) 4•34.D .- 7 2- to 04 *VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the Applicant must demonstrate a hardship before a variance can be granted. The hardship related to this application is as follows: If) In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to Day all statements received from the City nertaining to additional application expense. eg 4TrAGI4E-ID Signature of Applicant Date Signature of Applicant Date 1/22/2004 City of Lake Elmo • 3800 Laverne Avenue North • Lake Elmo • 55042 • 651-777-5510 • Fax 651-777-9615 Joel R. Eder and Judith H. Eder, husband and wife, Joel R. Eder Emilie M. and Dean T. Carlson, husband and wife. 01-11-41( —st C Dean T, Carlson Emilie M. Carlson Delmar F. and Joan T. Eder, husband and wife, Delmar F. F. Eder Jon T. Eder Richard F. and Janet M. Eder, husband and wife. Richard F. Eder Melvin J. and Jane R. Eder, husband and wife, 271.1•A'vl:'" Melvin J. Eder Jane RJEd iiru* -01 1,,0 tm.Eder Mary K. Shervheim, a single person Mary K. hervheim Anne Marie Lundgren, a single person. ( (\(\�LW Anne Marie Lun gren der, a single person. Folz, Freeman, Erickson, Inc, LAND PLANNING- SURVEYING • ENGINEERING February 1, 2010 REOUEST FOR PRELIMINARY AND FINAL PLAT APPROVAL The name of this proposed subdivision is EDER'S CENTURY PINES. Folz, Freeman, Erickson, Inc., Lake Elmo, Minnesota is performing all necessary Land Surveying and Engineering. A "Sketch Plan" of the proposed plat was presented to the Planning Commission on Monday, January lltb, 2010. All of the issues discussed at the Planning Commission meeting have been addressed. Following is a summary of the additions and revisions to the proposed plat: • Outlots A and B as shown on the "Sketch Plan" have been eliminated and the areas incorporated into existing Lot 1, Block 1, EDER PINE RIDGE ACRES, which remains a legal non -conforming lot that is now a part of the plat within proposed Lot 4, Block 2. • The drainage and utility easement along the east line of proposed Block 2 has been increased to 20 feet in width. • Tested areas for primary and secondary drain field areas have been shown, labeled and dimensioned. • The approximate location of the existing well and septic on proposed Lot 4, Block 2 has been shown and labeled. The owners of the property that is being subdivided are: Joel R. and Judith H. Eder, husband and wife; Emilie M. and Dean T. Carlson, husband and wife; Delmar F. and Joan T. Eder, husband and wife; Richard F. and Janet M. Eder, husband and wife; Melvin J. and Jane R. Eder, husband and wife; John F. and Carrie E. Carlson, husband and wife; Mary K. Shervheim, a single person; Anne Marie Lundgren, a single person; and John J. Eder, a single person. The physical addresses, and corresponding parcel identification numbers, and current zoning of the property included in the subdivision are: Parcel Identification Number: 10-029-21-14-0001 9825 47th Street North Lake Elmo, MN 55042 Parcel Identification Number: 10-029-21-14-0003 4515 Julep Avenue North Lake Elmo, MN 55042 Parcel Identification Number: 10-029-21-11-0003 4890 Keats Avenue North Lake Elmo, MN 55042 Zoned RR - Rural Residential Zoned RR - Rural Residential Zoned RR - Rural Residential 12445 55th Street North, Lake Elmo, MN 55042 • Phone: (651) 439-8833 • Fax; (651) 430-9331 • Webaitet www,ffe-inc.com Bruce A. fials, LS Thnochrp6n=n1 an, LS Todd Ap.thiftVan, PR 1939 2001 2/1/2010 EDER'S CENTURY PINES Page 2 of 4 Parcel Identification Number: 10-029-21-11-0002 4950 Keats Avenue North Lake Elrno, MN 55042 Zoned RR - Rural Residential Owners of the individual parcels and the corresponding legal descriptions are: Parcel Identification Number: 10-029-21-14-0001 Joel R. and Judith H. Eder, husband and wife; Emilie M. and Dean T. Carlson, husband and wife; Delmar F. and Joan T. Eder, husband and wife; Richard F. and Janet M. Eder, husband and wife; Melvin J. and Jane R. Eder, husband and wife; Mary K. Shervheim, a single person; Anne Marie Lundgren, a single person; and John J. Eder, a single person; owners of the following described property situated in the County of Washington and State of Minnesota, to -wit: The East Half of the Northeast Quarter of Section 10, Township 29 North, Range 21 West, Washington County, Minnesota, except the following described parcels of land: Lot 1, Block 1, EDER PINE RIDGE ACRES, according to the recorded plat thereof on file and of record in the Office of the County Recorder, Washington County, Minnesota. The South 320.85 feet of the North 641.70 feet of the Northeast Quarter of the Northeast Quarter of Section 10, Township 29 North, Range 21 West, Washington County, Minnesota. All that part of the Northeast Quarter of the Northeast Quarter of Section 10, Township 29 North, Range 21 West, Washington County, Minnesota, described as follows: Beginning at the southwest corner of the North 341.62 feet of said Northeast Quarter of the Northeast Quarter; thence easterly along the southerly line of said North 341.62 feet a distance of 606.63 feet, more or less, to the westerly line of the East 711.82 feet of said Northeast Quarter of the Northeast Quarter; thence northerly along said westerly line a distance of 20.77 feet, more or less, to the southerly line of the North 320.85 feet of said Northeast Quarter of the Northeast Quarter; thence easterly along said southerly line a distance of 711.82 feet, more or less, to the easterly line of said Northeast. Quarter of the Northeast Quarter; thence northerly along said easterly line a distance of 320.85 feet, more or less, to the northeast corner thereof, thence westerly along the northerly line of said Northeast Quarter of the Northeast Quarter a distance of 1318.87 feet, more or less, to the northwest corner thereof thence southerly along the westerly line of said Northeast Quarter of the Northeast Quarter a distance of 341.62 feet, more or less, to the point of beginning. Together with the following described property situated in the County of Washington and State of Minnesota, to -wit: Parcel Identification Number: 10-029-21-14-0003 Delmar F. and Joan T. Eder, husband and wife, owners of the following described property situated in the County of Washington and State of Minnesota, to -wit: 2/1/2010 EDER'S CENTURY PINES Page 3 of 4 Lot 1, Block 1, EDER PINE RIDGE ACRES, according to the recorded plat thereof on file and of record in the Office of the County Recorder, Washington County, Minnesota. Parcel Identification Number: 10-029-21-11-0003 Melvin J. and Jane R. Eder, husband and wife, owners of the following described property situated in the County of Washington and State of Minnesota, to -wit: The South 320.85 feet of the North 641.70 feet of the Northeast Quarter of the Northeast Quarter of Section 10, Township 29 North, Range 21 West, Washington County, Minnesota. Parcel Identification Number: 10-029-21-11-0002 John F. and Carrie E. Carlson, husband and wife, owners of the following described property situated in the County of Washington and State of Minnesota, to -wit: All that part of the Northeast Quarter of the Northeast Quarter of Section 10, Township 29 North, Range 21 West, Washington County, Minnesota, described as follows: Beginning at the southwest corner of the North 341.62 feet of said Northeast Quarter of the Northeast Quarter; thence easterly along the southerly line of said North 341.62 feet a distance of 606.63 feet, more or less, to the westerly line of the East 711.82 feet of said Northeast Quarter of the Northeast Quarter; thence northerly along said westerly line a distance of 20.77 feet, more or less, to the southerly line of the North 320.85 feet of said Northeast Quarter of the Northeast Quarter; thence easterly along said southerly line a distance of 711.82 feet, more or less, to the easterly line of said Northeast Quarter of the Northeast Quarter; thence northerly along said easterly line a distance of 320.85 feet, more or less, to the northeast corner thereof; thence westerly along the northerly line of said Northeast Quarter of the Northeast Quarter a distance of 1318.87 feet, more or less, to the northwest corner thereof; thence southerly along the westerly line of said Northeast Quarter of the Northeast Quarter a distance o f 341.62 feet, more or less, to the point of beginning. The proposed plat of EDER'S CENTURY PINES is comprised of 3,419,560 square feet, or 78.5 acres, that is made up of three (3) separate tax parcels. The plan is to consolidate and divide the property into seven separate lots. Six of the proposed lots exceed the requirements of 10 acres in area and 300 feet of frontage on a public street. One of the lots is an existing legal non -conforming lot that will be increased in size to accommodate an existing driveway and to incorporate a remnant forty foot strip of land. The 78.5 acre parcel is primarily flat farm land with three wood areas that comprise approximately 9 acres. A wetland specialist has inspected the site and has verified that there are no wetlands. A licensed soil tester has tested and verified that all lots have adequate soils and areas on site septic systems. The intent of the owners is to divide the property equally between all current owners. This farm was originally conveyed Jacob and Anne Eder in 1902, and has remained a farm in the Eder name ever since. No additional infrastructure is required for this subdivision, and there will be no additional burden to public services or existing roadways. Additionally, at this time no construction being planned for any of the lots. There have been no negative comments by any of the neighbors during the course of our field 2/1/2010 EDER'S CENTURY PINES Page 4 of 4 work, The property is biSeeted by 47th Street North. The City of Lake Elmo has over time obtained roadway easements to portions of 47th Street North, Keats Avenue North and Julep Avenue North. We would propose that all existing roadway easements be vacated, and subsequently dedicated on this proposed plat to a minimum width of 80 feet (40 feet each side of centerline), and wider where necessary. The reason for this request is that some of the record descriptions do not mathematically close, and combined do not cover all areas included in the roadways that bisect or adjoin the proposed plat. This request will result in a much cleaner plat, with no ambiguity as to what the City of Lake Elmo actually has for right of way widths. The area that will be dedicated to the City of Lake Elmo with this proposal is 207,265 square feet, or 4.7 acres. 5 November 9, 2009 Mr. Mike Majeski EOR, Inc. 651 Hale Avenue North Oakdale, MN 55128 Re: Eder Property No Wetland Determination, Lake Elmo, Minnesota Dear Mr, Majeski; This letter summarizes my review of the Wetland Delineation Report (No Wetland Determination) and field visit to the Eder Property within the City of Lake Elmo. The wetland evaluation area is located north and south of 47th Street North, west of Keats Avenue North, in the NE Y4 of Section 10, Township 29N, Range 21W, in Washington County (See "Site Locator Map"). The Valley Branch Watershed District (VBWD) is the Local Government Unit responsible for administering the 1991 Minnesota Wetland Conservation Act. On November 6, 2009, I (representing the VBWD) conducted a field visit to review the wetland evaluation area. The Wetland Delineation Report, referencing the October 9, 2009 field work, appears accurate and compliant with the routine methodology as defined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual, No jurisdictional wetlands exist on -site. If an official decision is requested prior to November, 2012, assuming that no natural or artificial changes to the hydrology, vegetation, or soils of the area have occurred that alter the wetland boundary, 1 will recommend approval of the report to the VBWD Board of Managers. Please note that the VBWD requires permits for the following activities: A. Land alterations, such as grading or filling (including re -development projects), which disturb, remove or cover surface vegetation or other surfaces of 1 acre or more, B. All projects which create a new impervious surface area of 6,000 square feet or more, C. All work within the waters and floodplain of the VBWD, D. -All projects which result in a discharge of munieipal or industrial water or wastewater to a surface water drainage system, E. All subdivisions, plats, and developments, F. All projects which result in lake augmentation, G. All projects which impact hwetland, If you have any questions regarding this correspondence please call the VSWD's Engineer John Hanson at 952-832-2622 or Mark 'Wilson at 952-832-2610, LINCOLN FETCHER • DAVID BUCHECK • DONALD SCHEEL • DALE BORASH • DUANE JOHNSON VALLEY BRANCH WATERSHED DISTRICT • RC, EIOX 838 • LAKE UM°, MINNESOTA 55402-0538 www.vbwctorg Ms, Mike Majeski November 9, 2009 Page 2 Sincerely, Mark Wilson Senior Wetland Biologist Barr Engineering Company Engineers for the Valley 13ranch Watershed District cc: Ms. Lynda Peterson, BWSR Ms, Jyneen Thatcher, WCD Mr, Dan Seemon, ACOE 1);\ mp 15\23 wit„A.82\23820201,w,),,kriks\wcA \Lakerilmoi,Ederproperlywoincalionconc„„Tence.tiou Figure 1. Project Location in Washington County, MN Site Locator Map 930 scab n kat Eder Property Wetland Delineation Report 1.030 w ., a gakdais Vela. 01 '.'•i ll, n,., r.,i/ wWW.e Emmons & Olivier Resources, Inc. water l ecology communlly 2 II roes, tna, Are Nert6 N .5.5120 7031440 EKLIN SOIL TESTING AND INSPECTIONS, INC. 299 Cimarron Lake Elmo, MN 55042 (651) 337-1300 Melvin Eder 4890 Keats Avenue No. Lake Elmo, MN 55042 December 7, 20.09 Dear Mel, On November 27, 2009, soil borings and percolation tests were completed for the Eder family sub -division in Lake Elmo: A total of six lots were tested. The sites are 20000 square feet or more with five borings and two percolation tests on each lot. The four corners of the test site borings are marked with 6' iron fence posts and 48" wooden lathes. The soils on the sites were mostly.loam and sand. All of the lots where we tested will support an on site septic system. With a test site of 20000 square feet, there is room for four or five septic systems based on a four to five bedroom home. We have provided you with boring and percolation logs along with a site plan showing boring locations for each lot. A lot breakdown was also done for a general description of the sites and soils. We want to thank you for having us do this project for you. If you have any ?.stions, call Dale at our office at 651-337-1300. Ed Eklin Certification No. 3268 MPCA License #410 • Percolation Tests e Soil Borings • Septic System Designs • Sub -Division Planning - Serving The North Suburban Area Since 1952 - Ml'Eder Keats Avenue Lake Elmo t Breakdown Lot 1 4950 Keats Ave. -has septic system Five borings - two percolation tests - percolation rate 21-26 MPI - soils loam and sand - sand depth varies in boring - it may be possible to get the drainfield in the - sand - site mostly level - test site 22000 sq. ft. - 12.8 acres Lot 2 Five borings - two percolation tests - percolation rate 4890 Keats 3 MPI - soils loam and sand - most of the drainfield should Ave. - has septic be in sand - site is open - test site 22500 sq. ft. - system 12.8 acres Lot 3 Five borings - two percolation tests - percolation rate 24-21 MPI - soils mostly loam and sand - Borings 13,14 & 15 had mottled soil at 26" to 37" - at the time of home con- struction, more borings should be done to see if a trench system can be installed - site is open - test site 22500 sq.ft. - 12.8 acres Lot 4 9825 Julep Ave. - has septic system 't 5 Five borings - two percolation tests - percolation rate 9-21 MPI - soils loam and sand - most of the drainfield should he in loam or sand - site is partly wooded - test site 20000 sq.ft. - 12.1 acres Five borings - two percolation tests - percolation rate 21-30 MPI - soils loam and sand - Borings 17-19 shallow mottle - at the time of home construction, more borings should be done to see if a trench system can be installed site mostly open - test site 22500 sq.ft. - 12.1 acres Lot 6 Five borings - two percolation tests - percolation rate 24-30 MPI - soils loam and sand - Borings 21,22 & 25 had mottled soil at 42" to 46" - at the time of house construc- tion, more borings should be done to see if a trench system can be installed - site mostly open - test site 22500 sq. ft. - 11.1 acres The four corners of the test sites are marked with 6' iron fence posts and 48" lathes. TKDA ENGINEERING • ARCHITECTURE • PLANNING im. The right pimple. The right company MEMORANDUM 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651) 292-4400 (651)292-0083 Fax wwwilcda.com To: Kyle Klatt, Planning Director Reference: Eder's Century Pines Subdivision Final Plat Review City of Lake Elmo Proj. No.: 14575.001 Phase 00010 From: Ryan W. Stempski, P.E. Routing: Date: April 8, 2010 Copies To: A Sketch Plan review by TKDA was provided on January 7, 2010, for the Eder's Century Pines Subdivision. A Preliminary Plat review by TKDA was provided on March 17, 2010. Below are the remaining items to be address prior to Final Plat approval: 1. It is my understanding that this application only involves the platting of the property. There is no construction proposed with this application. 2, Rate and volume control calculations meeting the City Storm Water and Erosion and Sediment Control Ordinance have not been completed for this subdivision. As no construction is proposed at this time, we are suggesting an executed development agreement be recorded with the property that requires these calculations be completed prior to any construction within the subdivision. 3 The minimum Low Floor Elevations for each lot must be shown on the Plat plan. Please contact me with any questions. An Employee Owned Company Promoting Atflanatiye Action and Equal Opportunity Kyle Klaft . From: John H ^ � _' ^ / sent: March 13.201O1,37PK0 To: Kyle Klatt Subject: Eder'aCentury Pines Kyle: AValley Branch Watershed District permit application has been submitted for the Eder'nCentury Pines The VBWD Managers will discuss the permit request at their March 25 meeting. | will continue nlyreview and send you my permit review memorandum for proposed project no later than March 19. As we discussed earlier this week, the VBWD Managers have permitted subdivisions similar to this where no construction |aproposed with the condition that oVBVVD permitmust beobtained prior toconstruction y parcel, Adthat time, facilities to manage nunoff, as required bvthe VBWD. must be provided on each paroe\. This condition must be included in a document, such as a development agreement, that can be recorded with the Washington County's Recorder's Office. Amainh*nance agreement in the general format of Appendix B of the VBWD Rules must also be submitted to and approved bythe VBVVDAttorney. By imposing this ooOdit/on, it allows the Managers to know where the construction will occur and that the stormwater management facility is located and designed properly to handle the runoff from the proposed 'impervious surfaces. John P.Hanson Barr Engineering Company 47OOWest 77th Street Edina, KKN55485 952.032.2622 (telephone most Mondays, Wednesdays, and Fridays) O51.T48.428U(telephone most Tuesdays and Thursdays) 952.832.2601 (fax) MAYOR & COUNCIL COMMUNICATION DATE: 4/20/2010 REGULAR ITEM #: 9 MOTION AGENDA ITEM: Approval of Proposed Easement Encroachment Agreements SUBMITTED BY: Kelli Matzek, Planner THROUGH: Bruce Messelt, City Administrator REVIEWED BY: Kyle Klatt, Planning Director Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: The City Council .is asked to authorize the execution of four easement encroachment agreements allowing residents to construct improvements (in this case fences) within drainage and utility easements on private property. The recommended action is as follows: SUGGESTED "Move to authorize the execution of Easement Encroachment MOTION: Agreements for 5650 57" Street Circle North, 3435 Isle Court North, 11711 56" Street North, and 10024 Tapestry Road." BACKGROUND INFORMATION: The City has recently received four fence applications in which the property owners are seeking to put a fence in the backyard. Primarily, the fences are located in the standard five foot drainage and utility easement that edges the property lines. These properties are: • Mendez Property — 5650 57th Street Circle North — fence • Koepke Property - 3435 Isle Court North — fence • Myers Property — 11711 56th Street North — fence • Hoaglund Property — 10024 Tapestry Road — fence The City holds easements of different sizes and for different purposes on many residential and commercial properties throughout the community. 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 a description of how it will function. -- page 1 -- City Council Meeting Approval of Proposed Easement Encroachment Agreements April 20th, 2010 Regular Agenda Item # 9 After that information is received, the City Engineer reviews the proposed improvement and 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 approved by the City Council, is needed before the work may commence. OTHER INFORMATION - LEGAL: An Easement Encroachment Agreement is a legal document which has been (or will be) 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 to allow for access or work within the easement. The City Attorney has drafted this legal document and suggested the City Council should authorize the Mayor to sign the agreements on behalf of the City prior to issuing a building or fence permit for the proposed improvements. STAFF REPORT: The four Easement Encroachment Agreements submitted for Council consideration are all fences and have been reviewed by Planning and Engineering staff. The proposed fences meet all City code requirements and Staff would have otherwise issued these fence permits if they did not encroach into a detainage and utility easement. In the future, it is recommended that a fee be considered as part of the application for an Easement Encroachment Agreement, as the process includes staff time and a fee to record the document with Washington County. In addition, if the Council concurs, future agreements could be placed on the Council's Consent Agenda, unless unique circumstances occur, in which case the agreement will be placed on the Regular Agenda for specific consideration. Attached is an example of the proposed Easement Encroachment Agreement. The agreements for all four properties were not included but follow this sample Agreement. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council approve the Easement Encroachment Agreements by undertaking the following action: "Move to authorize the execution of the Easement Encroachment Agreements for 5650 5717 Street Circle North, 3435 Isle Court North, 11711 56" Street North, and 10024 Tapestry RoarL" Alternatively, the City Council may elect to not approve the proposed Easement Encroachment Agreements and/or direct City staff to undertake a different course of action with respect to these applications. -- page 2 — City Council Meeting Approval of Proposed Easement Encroachment Agreements April 20th, 2010 Regular Agenda Item # 9 Additionally, Council direction to staff with respect to adding an application fee and use of the consent agenda for future applications is requested. ATTACHMENTS: 1. Proposed Easement Encroachment Agreement SUGGESTED ORDER OF BUSINESS: Introduction of Item ........ ........ .......... ..... ............... City Administrator Report/Presentation ....... , ..... ....... ..... . ............ ........ Kyle Klatt, Planning Director Questions from Council to Staff ......... .......................... Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion ..................... ......................... ......... ..... Mayor Facilitates page 3 -- 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 Travis Hoaglund and Kristin Hoaglund (hereinafter "Owner"), husband and wife, and their successors in title. WHEREAS, the City has an easement for drainaze 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 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 shallnot 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. 3. 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 2 activities, or permit such alteration anywhere upon the land upon which the City has reserved its 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 Elmo. STATE OF 1IA1NNESOTA ) ss COUNTY OF WASHINGTON ) • Notary Public On this day of .. 2010, before me, a Notary Public, personally appeared Bruce Messelt, City Administrator 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 Elmo. By Notary Public [Travis Hoaglund] Hoaglun STA lE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) 4 On this \j_kk\ day of , 2010, before me, a Notary Public, personally appeared Travis Hoaglund and ristin Hoaglund, 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& Vierling, 1809 Northwestern Avenue Stillwater, MN 55082 CITY OF LAKE ELMO "41/4_7 MAYOR & COUNCIL COMMUNICATION AGENDA ITEM: DATE: REGULAR ITEM #: MOTION 4/20/2010 10 Ordinance 08-24 Resolution 2010-013 Amending Chapters 94, 150, 151, 152, 153, and 154 of the City Code to Bring them into Conformance with the Storm Water and Erosion and Sediment Control Ordinance SUBMITTED BY: Kelli Matzek, Planner THROUGH: Bruce Messelt, City Administrator 9417 REVIEWED BY: Kyle Klatt, Planning Director Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REOUESTED: The City Council is asked to review and approve proposed minor amendments to Chapters 94, 150, 151, 152, 153, and 154 of the City Code to incorporate references to and improve consistency with Chapter 150. Chapter 150 regulates storm water and erosion and sediment control throughout the City. The proposed changes are not intended to alter regulations, but instead to consolidate the information, as applicable, into one area of the code. The text proposed for removal is either outdated, currently in the existing Storm Water and Erosion and Sediment Control Ordinance, or exists in the City of Lake Elmo Engineering Design Standards. The recommended motion to act on this is as follows: SUGGESTED "Move to approve Ordinance 08-024 approving the code amendments and MOTION: Resolution 2010-013 authorizing summary publication of this Ordinance" BACKGROUND INFORMATION: The Storm Water and Erosion and Sediment Control Ordinance was revised and approved by the City Council on June 16, 2009, to help the City remain compliant with specific permitting requirements under the Minnesota Pollution Control Agency. The intention at that time was to return to the remaining sections of Code to create cohesion throughout the code and to help the City better organize all of the ordinance requirements related to storm water and erosion control into one section. STAFF REPORT: This organization is what is currently being proposed for review and approval by the City Council. The Planning Commission reviewed this information and held a public hearing at the April 12, 2010 meeting, at which time no one from the public spoke either -- page 1 -- City Council Meeting City Code Amendments Relating to Storm Water and Erosion and Sediment Control April 20th, 2010 Regular Agenda Item # 10 for or against the proposed changes. The Planning Commission recommended approval with a unanimous vote. RECOMMENDATION: Based upon the above background information, it is recommended that the City Council approve the requested amendments to the existing code by undertaking the following action: "Move to approve Ordinance 08-024 approving the code amendments and Resolution 2010.- 013 authorizing summary publication of this Ordinance" Alternatively, the City Council may elect to not take the recommended action and suggest changes to the proposed amendments or direct City staff to proceed accordingly, as appropriate. ATTACHMENTS: 1. Ordinance 08-024 2. Resolution 2010-013; Summary Publication SUGGESTED ORDER OF BUSINESS: Introduction of Item ................................ ........ ...........,....,..... City Administrator Report/Presentation....„ ..... ....... . ........ ............. Kyle Klatt, Planning Director Questions from Council to Staff. .................... , ..... ,....,..........., Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion Mayor & City Council Discussion .................................... .......................... ,......., Mayor & City Council Action on Motion Mayor Facilitates page 2 -- CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-024 AN ORDINANCE AMENDING CHAPTERS 94, 150, 151, 152, 153, AND 154 OF CITY CODE TO BRING INTO CONFORMANCE WITH STORM WATER AND EROSION AND SEDIMENT CONTROL REGULATIONS IN THE CITY OF LAKE ELMO Section 1. The City Council of the City of Lake Elmo hereby ordains that the Lake Elmo City Code be amended to read as follows: RIGHT-OF-WAY MANAGEMENT PERMITS CHAPTER (94) § 94.36 APPLICATION FOR A RIGHT-OF-WAY PERMIT. (B) Right-of-way permit applications shall contain and will be considered complete only upon compliance with the requirements of the following provisions: (2) Submissions of a completed pen -nit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all existing and proposed equipment; (6) A Storm Water Manaement Plan and/or an Erosion and Sediment Control Plan if annlicable as specified in Section 150.283. GENERAL PROVISIONS CHAPTER (150) OPEN SPACE PRESERVATION § 150.183 OP DEVELOPMENT PRELIMINARY PLAN, PRELIMINARY PLAT, AND CONDITIONAL USE PERMIT. (A) Submittals. (2) Twenty sets of site plans, drawn to scale of not less than 1 inch equals 100 feet containing at least the following information: (i) General grading and drainage plans for the developed OP development in conjunction with. a Storm Water Management Plan as identified in Section 150.287; (7) A Soil Erosion Control Plan clearly illustrating erosion control measures to be used during construction and as permanent measures. See also Section 1.50.287 .egardins.4 Erosion and Sediment Control Plan, requirements; and RESTRICTIVE SOIL OVERLAY DISTRICT § 150.202 RESTRICTIVE SOILS AND DEVELOPMENT PERMIT PROVISIONS. (C) Applicationfor and processing of permit. (2) The application shall include a map of the site and a delineation of the soils found in the site along with a plan and cost estimate of the proposed development and the other engineering data, surveys, and other information and material. as may be required in order to determine the effects of the development on the affected land and the suitability of the soils for the development. See Section. 150.283 to determine if a Storm Water Management Plan. or an Erosion and Sediment Control Plan is required. (3) When proposed work includes construction or alterations of structures, the work shall be submitted with the application, along with detailed drawings of any special foundation structures and/or special provisions for on -site sewage disposal. WETLAND PROTECTION AND PRESERVATION OVERLAY DISTRICT § 150.218 WETLAND PERMIT PROVISIONS. (C) Application for and processing of permit, (3) See Section 150.283 to determine if a Storm Water Management Plan or an Erosion and Sediment Control Plan is required. INTERSTATE CORRIDOR OVERLAY DISTRICT § 150.234 MINIMUM DISTRICT REQUIREMENTS; INTERIM USES. (B) These uses shall be subject to the following minimum performance standards: (11) The site plan shall provide for adequate drainage systems which do not pose pollution problems. see Section. 1.50.283 to determine if a. Storm Water Management Plan or an Erosion and Sediment Control Plan. is required; § 150.235 MINIMUM DISTRICT REQUIREMENTS; LONG-TERM USES. (B) These uses shall be subject to the following minimum performance standards: (7) The site plan shall provide for adequate drainage systems which do not pose pollution problems, see Section 150.283 to determine if a Storm Water Management Plan or an Erosion and Sediment Control Plan is required; § 150.255 SHORELAND STANDARDS. (G) Storm water management. The following general and specific standards shall apply, in addition to all applicable reelliTallents thund in Section 150.283 (Storm Water Management) of the City Code. BUILDING REGULATIONS CHAPTER (151) § 151.017 EXCAVATION AND GRADING PERMITS. (C) Plan approval required. No grading or excavation permit shall be issued for site gradingor excavation without approved plans for site development and adequate provision for site protection from wind or water erosion. See Section 150.283 for Storm Water and Erosion and Sediment Control reouirements.. (G) Submission requirements. All grading and excavation permit applications shall be accompanied by the following information: (9) A drainage plan which includes any engineering work for stormwater retention whe1 eee&aiy. must comply with Section 150.287; (10) An erosion control plan indicating the type and location of erosion measures to be used. must comply with section 150.287; § 151.027 CONSTRUCTION SITE R.EOUIREMENTS. (A) Pwpose and ntc;t. (1) Thee been -disturbed b--k ffedi Fop . Tti es ; and reduce., t (2) The city finds that it is it in!ta11 at .tinual cai flieti51,11'a on thosc build' established ov tifila Q3 mit', The standa f& . ,_ dations fa- . , the c.ity with the, means to permit MEli1/444ual site grading in keeping subd. ' ' ' lano; to cnst. . Bentation v,,-„itlin thc bui1EI4g i-te-peiphs4es4Htii tht roint in tirnhieestithlished, ,faec.,,-3,9„.. . ' precludes the sedimentation; and to removc sedimei4then originating ..i'orn the si4-.e-fieni-public atrects7 GRADING al public wclfwe4e ding sites; and7-the (Pr) (A) Site grading. (1) Submission requirements. All applications for a building permit shall include a plot or site plan detailing the proposed finished grades of the site at all building corners and all lot corners. All grades proposed shall be consistent with the approved grading plan for the subdivision in which the building site is located, (2) As built grades cert cation. No certificate of occupancy shall be issued by the city for any structure until the builder or the property owner have provided the city with a certificate of a registered surveyor or civil engineer attesting to the "as built" grades of all building corners and site comers; and, the certificate shows all the grades to be consistent with the plot or site plan attached to the building permit application. (1=0 See Section 150,289 and 150.290 for additional reauirements. § 151.027 CONSTRUCTION SI'l E. SURFACE WATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL fA) The reouireinents for construction site storm water manaaement and erosion and sediment control are found in Section 150.283 (Storm Water and Erosion and Sediment Control). permit applicati&ii rthal in4a1led-e11-the ,ite to adjacent prop ite arca° to h&4 • width, and not inch c1eopsateii . The -talk; of on of the ai$e, en-.ccpt athg1e cite acceir, eet in length. The ccc; drive filial ho ufad with 1.5 - 6 inches. wi tb-a-bi-idif+g • • s and devices to -he . , (2) Erosioi. construction-84w: in ace • :I • • inspection by inenagement practices. 0 4liti erosion control 1 best in ,nc,y prior to a footing .; until eri-ision uibility of the builder or site sien-eantrol -deviar on -the 41-Tic ar..; vegetative ground cover or impervinus-s-urfaec cowlings are fuliy est bl.isl cd to aswu'c the co: The following pro r ar are tdjacant. puhlie roadways, acation. The builder nd/t ,rry c;m (d) Re im reeticn. C;; nctru control plan or public streotc fo inripeot tractor s to zit Grs,:tc;, to p it all tim city to 0. oorplianoc, t.;h --(D)---Mainten Director shall maintai anc< builder or owner, on an hour: portal. to CQMpiiarccon by the :0 be in nen eomplicrie v r the public i-e-g Official may omploy a cunt of correetion,y., including awceping-eftho adja t hitie- ntrol plan. 141 ;raters, right of Road ES ] O „ the any eo.ttra< for .nd Road . Sion C h.e City Cc the ; Accounts, be Mx. the oity in an anietait-stifficient to bring the E1e4( —(E) Th- os'nehip of thc es for xinpme .6 any nc v ovvric;-. o le-Fet-ained by thc 3ity unIe„ tbe full scrow amount, PLAN REVIEW ' ftkics. At-the4ime as the § 151.070 SITE AND BUILDING PLAN REVIEW, (A) Information required. Except has hereinafter provided, every person, before commending construction or alteration of a structure, shall submit to the Zoning Administrator the following documents and information: (3) Landscaping and screening plan. (a) Complete landscaping, screening, and erosion control plans shall be prepared and signed by a professional landscape architect or professional site planner with educational training or work experience in land analysis and site plan preparation. These plans shall include: and 4. Details of proposed non -vegetative landscaping materials; 5. Planning and construction schedule for completion of landscaping and screening plans. (4) A Storm Water Management Plan and/or an Erosion and. Sediment Control Plan as required in Section 150.283., owner FLOODPLAIN MANAGEMENT CHAPTER (152) § 152,07 FLOOD PLAIN DISTRICT. (D) Standards for flood plain conditional uses. (5) When at any 1 time more than 1,000 cubic yards of fill or other similar material is located on a parcel for the activities as on -site storage, landscaping, sand and gravel operations, roads, dredge spoil disposal, or construction of flood control works, an erosion/sedimentation control plan must be submitted consistent with Section 150.283 and 150,287. The plan must be prepared and certified by a registered professional engineer. hennklefies o-r u proposed prop fate -and. N, ante of rufteff SUBDIVISION CHAPTER (153) § 153.06 PLATTING (E) Proposed design features, (3) (a) Provision for surface water disposal, drainage, and flood control within the boundaries of the proposed property division consistent with Section 150.283 Storm Water Manaement and Erosion and Sediment Control. (b) The-Fate-afi le a 31:i.r boundafies of a prep y-subdi-c, ision shall -not,- in any e..vent, be greater than the 'fate and volume of r r • . •<-3 ptnent. Surfaee volut near the surface. Te the extent pP&sibleTprovi3ions Etha. n.davi. OS- 11.1 Men (d) withi ..t of ponding facilities on the site ofand vitl in -the e-e § 153.07 PRELIMINARY PLAT. (E) Proposed design features. reA,Lide-14 4 of 58, The 100 as the ba:;in of the analysis. Lt-reas of -the city eachexchsie of that (11) (a) Surface water disposal, drainage, and flood control shall be provided within the boundaries of the proposed property division consistent with Section 150.283 Storm Water Manaeement and Erosion and Sediment Control. (b) The a 1 vo-limc >f ourface voiu • . "r€1 pn-or on oi• very near the surface. To the extent-pE r ..ontrolling-funeff by conte F-eFhee faeiIities on thc siteern4wiThi+i-the boundark, y whic -ding -roeilities-should provid both -permanent Eald t2inpe-rary-sterageof runoff waters, (c 3 5 itcro-f pment ohall be-e the devAppnient-.- Cihall be all streets, par dng lots, roofs, (d) shall h ti.ed to e the runoff rate prior to development. The pre development land use shall be 'dew with 3-soil eee oi :i-e--58, The 100 year, 24 hour OtGrlil of 5,9 inehe,) of precipitation °halt °ante-as-410 basis ef2.-the analyai-s7 after This chapter s cr.ity and erosion co and 0 a° of th shed Dktriet. °hall include es, and land°c-aping terways, § 153.13 DESIGN STANDARDS; REQUIRED IMPROVEMENTS. (C) Easements. (1) Width and location. An easement for utilities at least 10 feet wide, shall be provided along all lot lines. If necessary for the extension of main water or sewer lines or similar utilities, easements of greater width may be required along lot lines or across lots. See Section I 50.287(A) (e) for other applicable easement re tat lations. (2) Continuous utility easement locations. Utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not subsequently be changed without the approval of the Council after a public hearing. (3) Provisions for drainage. Easements shall be provided along each side of the center line of any water course or drainage channel whether or not shown in the Comprehensive Plan, to a width sufficient in the judgment of the Council to provide proper maintenance and protection and to provide for storm water runoff and installation and maintenance of storm sewers, They shall be dedicated to the city by appropriate language in the owner's certificate. See Section 150.287(A) (c) for other applicable easement reuulations. (D) Erosion and sediment control. Erosion and sediment control plans shall be provided in accordance with Section 150,287 (B) of the City Code. (1.) Erosien and sedimentation control plans in accordanecwitit the technical standards and speei4ti.e c,ounty Soi, T 3 Di3tri create ti . ci m to the-n-attirit ioni; procented . e 4ordinateEkvifil-the eac-nroc, c .1 be install le size se-tha4 as -construction pr:-.Tr-esmx.•;, The Irin-€1-sh-41-13e-e-Npeed at any 1 period of time: (5) When coil is 14)e-, (6) Wh-o the tapooil is fert)cived, Pufficiont a • for re spreading over the-Eivoel be re, aid shall 13-e-e. (7) S aivas-disturbed shall bc re sodded; vent 'TO Si t aside f inches . All Sed-ded (E) Drainage, A complete and adequate drainage system design, in accordance with the Watershed District. Section 1.50.287 (A) of the City Code, and G45= erehensive4kainage Plan Local Storni Water Management Plan, approved by the City Engineer, shall be required for the subdivision,. aftd-Fna-clude ars-term-sewer -sys-tern or a rtyc-teEn-of opco 4it 1 alvorta, • 414-yaainn cod ponding areas, or both cfyi-ten-ls: § 153.13 DESIGN STANDARDS; REQUIRED IMPROVEMENTS. (H) Streets, alleys, and curbs. Curb and gutter, 13-ituminous cult siva. over . Concrete -curb attil--etotter,-shall be uceil wliere sanitary sewer has been installed to -city standards. Curb and %.Y.utter shall be provided when reouired in accordance with the City orLake Ebno En2-ineerin2 L)esirn Standards. § 153.15 REQUIRED IMPROVEMENTS; FINANCIAL ARRANGEMENTS. (G) Clean-up obligations,. street signs. 1. The developer shall remove all soil and debris from and clean all streets within the lands developed in accordance with Section 150.287 (13) (d) of the City Code.-�t date of any rcquLst by the- citN) during the period . of cae„ T1 pro-, In the event there are or will be constructed on the property, 2 or more streets, and if permanent street signs have not been installed, developer shall install temporary street signs in accordance with recommendations of the Maintenance Department, prior to the issuance of any permit to build upon the property. (H) Erosion control. Erosion control. shall be provided with the installation of utilities and street curbs in accordance with the City of Lake Elmo Enaineerina Design Standards. f inatf.dlati and stFeet oarb3 land dcvelo• shall 1541 lieu of the socl, p .un-1,-of 2 ota eurb and -a line 18 irehe 31 of atera,,.', ces per roll of sod; th cedar with the curb or in apart). Either d or fiber Faust be placed iven a minimum of 1 inches of to itt-theiatrh lino and rice 1/1 inc. , fiber blanket„ topci soi;hall bc level with the top of-t-lie--e-afb 0 W. d fcr owneHt „ ales-s .Tving ca..41). I .5 acr-e-a minimum Erwale. PLANNED UNIT DEVELOPMENT CHAPTER (154) § 154.074 PROCEDURE FOR PROCESSING. (2) Development Stage Plan. Development stage submissions should depict and outline the proposed implementation of the general concept stage for the PUD. Information from the general concept stage for the PUD may be included for background and to provide a basis for the submitted plan. The development stage submission shall include but not be limited to: (b) Ten sets of preliminary plans, drawn to a scale of not less than 1 inch equals 100 feet (or scale requested by the city staff) containing at least the following information: 10. General grading and drainage plans for the developed PUD in conjunction with a Stoim Water Management Plan as identified in Section. 150.287; and A,-s-oil-crocion iral Reacuree's or cwy-ther ageny",vith 37 4e urity clearly :i kill cmtr, ' .. tfes-ti4W-Lified-diffifig-e mea-sures, An Erosion and Sediment Control. Plan in accordance with Section 150,287,, (E) Drainage. A complete and adequate drainage system design, in accordance with the applicable Watershed District standards, Section 150,287 (Al of the City Code. and City Comprehensive Drainage the Lake Elino Storm 'Water Management Plan, approved by the City Engineer, shall be required for the subdivision, and may itiatikl-e-a 40or a sstom ofopen ditel PiPos, peftd-i (loth iyateni,s, ADMINISTRATION § 154.018 CONDITIONAL USE PERMITS. (C) Filing. Application for a conditional use permit shall be filed with the Zoning Administrator. The application shall be accompanied by development plans for the proposed use showing such information as may be reasonably required by the Administrator, including but not limited to those things listed below. The plans shall contain sufficient information for the community to determine whether the proposed development will meet all applicable development standards. • (5) Finished grading and drainage plan sufficient to drain and dispose of all surface water accumulated (See Section 150.283 to determine i.f a Storm Water Management Plan and/or an Erosion. and Sediment Control Plan is required); § 154.019 INTERIM USE PERMITS. (D) Application. Applications for an interim use permit shall be made by the fee owner or authorized representative of the fee owner of the property upon which the interim use is proposed. All applications shall include the following: (4) Development plans for the proposed use showing all information deemed necessary by the Administrator to ensure the community can determine whether the proposed development will meet all applicable development standards, Such information may include but shall not be limited to the following: (e) Finished grading and drainage plan sufficient to drain and dispose of all surface water accumulated (See Section 150.283 to determine if a Storrn Water Management Plan and/or an Erosion and Sediment Control Plan is reqyired); § 154.102 DRIVE-IN BUSINESS, (A) Drainage. The entire area of any drive-in business shall have a drainage system approved by the City Engineer. See Section 150.283 to deferral n e if a Storm Water Manaenient Plan and/or an Erosion and Sediment Control Plan is required.. Section 2. Adoption Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. 08-016 was adopted on this 20Th day of April 2010, by a vote of Ayes and Nays, Mayor Dean Johnston ATTEST: Bruce A. Messelt City Administrator This Ordinance No. 08-024 was published on the day of , 2010. CITY OF LAKE ELMO RESOLUTION NO. 2010-013 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08-024 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-024, an ordinance to update the existing city code to improve consistency with the storm water and erosion and sediment control ordinance; 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. 08-024 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. 08-024 which amends chapters 94, 150, 151, 152, 153, and 154 of City Code, The proposed amendments incorporate references to and improve consistency with Chapter 150 which regulates storm water and erosion and sediment control throughout the city. The full text of Ordinance No. 08-024 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 he post a full copy of the ordinance in a public place within the city. Dated: , 2010. ATTEST: Bruce A. Messelt City Administrator (SEAL) Mayor Dean Johnston 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. A R & COUNCIL COMMUNICATION DATE: 4-20-2010 REGULAR ITEM #: 11 MOTION Resolution 2010-015 AGENDA ITEM: 2010 Street and Water Quality Improvements — Approval of Plans and Specifications and Ordering Advertisement for Bids SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Bruce A. Messelt, City Administrator REVIEWED BY: Jack Griffin, City Engineer Mike Bouthilet, Public Works Director Tom Bouthilet, Finance Director SUMMARY AND ACTION REOUESTED: The City Council is asked to approve the Plans and Specifications for the 2010 Street and Water Quality Improvements and order advertisement for bids. The recommended motion to act on this is as follows: "Move to approve Resolution No. 2010-015 Approving the Plans and Specifications for the 2010 Street and Water Quality Improvements and Ordering the Advertisement for Bids." BACKGROUND INFORMATION: At the January 26th City Council Meeting, Council authorized the preparation of plans and specifications for the 2010 Street and Water Quality Improvements. As a follow up to the meeting, the Council directed a survey of curb preference be completed for each neighborhood. The results of the survey were presented at the March 23'1 City Council Meeting and direction was given to construct concrete curb on Jane Road and Isle Avenue and construct bituminous curb on 53rd and 57411 Street. WATER OUALITY IMPROVEMENTS: There are 6 rainwater gardens proposed for the 2010 Street and Water Quality Improvements. This plan will include the curb cuts, grading, seeding, and mulching of the rainwater gardens. The plantings will be completed under separate contract lead by the Washington Conservation District. At the April 8th Valley Branch Watershed District Board Meeting, the City of Lake Elmo did receive approval of the VBWD Community Grant and will receive 50% reimbursement for these water quality improvements. We have received 5 Perpetual Rainwater Garden Agreements from residents within the project area. Therefore we will be installing 5 rainwater gardens within the boulevard areas of the -- page 1 -- City Council Meeting 2010 Street and Water Quality Improvements- Approval of Plans and Ordering Bids April 20th, 2010 Regular Agenda Item #11 streets (2 on Jane Road, 1 on Isle Avenue, and 2 on 53rd Street). Additionally, there will be one City rainwater garden and infiltration ditch installed along the west end of Jane Road. STAFF REPORT: TKDA has completed the Plans and Specifications for the 2010 Street and Water Quality Improvements including the residential streets of Jane Road, Isle Avenue, 53'1 Street, and 57th Street. TKDA will present to the City Council the final Plans together with an updated estimate of project cost, The detailed Plans and Specifications are available for review at City Hall. Staff is seeking approval to advertise the project for competitive bids, with a bid date set for May 26, 2010. The tabulated Bids will be presented to Council for award on June 1, 2010. RECOMMENDATION: Staff recommends that the City Council approve the Plans and 'Specifications for the 2010 Street and Water Quality Improvements and order the advertisement for bids for the project. The suggested motion is as follows: "Move to approve Resolution No. 2010-015 Approving the Plans and Specifications for the 2010 Street and Water Quality Improvements and Ordering the Advertisement for Bids." Alternatively, the City Council may elect to amend, modify or not take the recommended action at this time, and may direct its City staff to proceed otherwise, as determined appropriate. ATTACHMENTS: (Note: Actual Plans and Specifications are available for review at City Hall and at tonight's meeting). 1. Resolution No. 2010-015 2. Project Schedule SUGGESTED ORDER OF BUSINESS: Introduction of Item ...... ...... ....... . ..... . ...... City Administrator Report/Presentation.......„.......... ..... ,............. ..... ..... ......... .......... City Engineer Questions from Council to Staff ................. Mayor Facilitates Public Input, ifAppropriate Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion.... ................ ...,......,......... ............................ Mayor Facilitates -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2010-015 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2010 STREET AND WATER QUALITY IMPROVEMENTS WHEREAS, pursuant to resolutions passed by the council, TKDA was directed to prepare plans and specifications for the 2010 Street and Water Quality Improvements in accordance with the 2010 Street and Water Quality improvements feasibility report approved December 15, 2009; WHEREAS, TKDA has completed the plans and specifications for these improvements and has presented them to the City Council for approval on April 20, 2010; NOW, THEREFORE, BE IT RESOLVED, Such plans and specifications, a copy of which is on file at Lake Elmo City Hall and made a part hereof, are hereby approved 2, The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for at least 21 days, shall specify the work to be done, and shall state that sealed bids provided to the City Clerk prior to the specified bid date and time and accompanied by a bid bond or cashier's check made payable to the City of Lake Elmo in an -amount not less than 5% of the amount of such bid will be considered Date: ATTEST: Bruce A. Messelt City Administrator Resolution No. 2010-015 2010 CITY OF LAKE ELMO By: Dean A. Johnston Mayor CITY OF LAKE ELMO 2010 STREET AND WATER QUALITY IMPROVEMENTS PROPOSED PROJECT SCHEDULE October 20, 2009 November 10, 2009 December 15, 2009 January 26, 2010 February 26, 2010 March 3, 2010 April 8, 2010 April 20, 2010 April 23, 2010 April 27, 2010 May 26, 2010 June 1, 2010 June 4, 2010 June 18, 2010 June 23, 2010 June 24, 2010 September, 2010 October, 2010 Council orders TKDA to prepare a Feasibility Report City Council Workshop on Assessment Policy Presentation of Feasibility Reports for project area. Council passes resolution receiving Report and calling for Hearing on Improvements to be held January 19, 2010 Public Improvement Hearings for project area. Council passes resolution ordering Improvement preparation of Plans Deadline to receive Resident Curb Surveys Deadline to receive Rainwater Garden Maintenance Agreements from Residents Present to VBWD for BMP Community Grant Presentation of Plans and Specifications to the City Council for all project areas, Council approves Plans and Specifications and orders Advertisement for Bids Placement of Advertisement for Bids — Oakdale -Lake Elmo Review. Publication date of April 28 and May 5 Placement of Advertisement for Bids - Construction Bulletin. Publication date of May 3 and May 10 Receive Contractor bids/review and prepare preliminary assessment roll City Council accepts bids and awards Contract Process and send out Contract Documents Receipt of Contractor's Bonds/Legal Review and Issue Notice to Proceed Conduct Pre -construction Meeting Contractor begins work Final Completion Final assessment hearing LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: 4/20/2010 REGULAR ITEM #: 12 MOTION AGENDA ITEM: Minimum State Building Permit Surcharge SUBMITTED BY: THROUGH: Bruce A. Messelt, City Administrato REVIEWED BY: Kyle Klatt, Planning Director Tom Bouthilet, Finance Director Karl Horning, Acting Building Official SUMMARY AND ACTION REOUESTED,: The Building Department is requesting the. City of Lake Elmo prepare to change its surcharge fee schedule for (1) year in response to recent State of Minnesota Action. The temporary fee would increase effective July lst, 2010 from the fixed rate of $ 0.50 for permits based on fixed fees, to an increase of $ 5.00 for "Permits based on fixed fees". The recommended motion to act on this is as follows: SUGGESTED "Move to direct staff to prepare an Amendment the current Fee MOTION: Schedule for Permits based on Fixed Fees from $ 0.50 to $ 5.00, effective July 1st, 2010" BACKGROUND INFORMATION,: Minnesota Statute 326B.148 defining a "SURCHARGE" has been changed for one year, effective July 1, 2010 until June 30, 2011. The specific change is provided below and attached" "Subdivision 1. Computation. To defray the cost of administering sections 326B.101 to 326B.194, a surcharge is imposed on all permits issued by municipalities in connection with the construction of or addition or alteration to buildings and equipment or appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge receipts to award grants for code research and development and education. If the fee for the permit issued is fixed in the amount the surcharge is equivalent to one-half mill (.0005) of the fee or 50 cents, except that effective July 1, 2010, until June 30, 2011, the permit surcharge is equivalent to one-half mill (.0005) of the fee of $5. Whichever amount is greater." -- page 1 -- City Council Meeting Minimum State Building Permit Surcharge April 20th, 2010 Regular Agenda Item # 12 STAFF REPORT: City staff has no choice but to recommend that this "unfunded mandate" be incorporated into the City's current 2010 and projected 2011 fee schedule, RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council undertake the following action: Move to direct City staff to prepare an Amendment the current Fee Schedule for Permits based on Fixed Fees from $ 0.50 to $ 5.00, effective July lst, 2010" Alternatively, the City Council may elect to not take any action at this time and/or direct City staff to undertake a different action, as appropriate and directed. ATTACHMENTS: Notification of Surcharge Increase SUGGESTED ORDER OF BUSINESS: Introduction of Item ................. ........ .............. .......... ....... City Administrator Report/Presentation Planning Director Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion ............ ............. ,............ ......................... Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates page 2 -- hilinimum statc . building permit surcharge changes for a year The Minnesota Statutes § 326B.148 "SURCHARGE" has been changed for one year effective July 1, 2010, until June 30, 2011. The change only applies to the "Permits based on Fixed Fees, Part 1" and "Permits based on Fixed Fees, Part 2" portions of the Minnesota Department of Labor and Industry's (DU) surcharge reporting form. The minimum surcharge for a "fixed fee" permit is $5, beginning July 1, 2010: Municipalities must begin collecting the $5 minimum surcharge fee July 1, 2010, and continue to collect the new minimum through June 30, 2011. . lithe fee collected for the "fixed fee" permit is less than $10,010, the surcharge is $5. Fixed fee permits with a fee of less than $10,010 are reported in "Permits based on Fixed Fees, Part 1" of the surcharge form. • If the fee collected for the "fixed fee" permit exceeds $10,010, the fee is multiplied by .0005 because $10,010 is the point where the surcharge would increase to $5.01. Fixed fee permits with a fee of $10,010 or more are reported in "Permits based on Fixed Fees, Part 2" of the surcharge form. • The remainder of the surcharge law did not change. The change to the surcharge law is underlined below. Minnesota Statutes 2008, section 326B.148, subdivision 1, is amended to read: Subdivision 1, Computation. To defray the costs of administering sections 326B.101 to 326B.194, a surcharge is imposed an all permits issued by municipalities in connection with the construction of or addition or alteration to buildings and equipment or appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge receipts to award grants for code research and development and education. If the fee for the permit issued is fixed in amount the surcharge is equivalent to one- half mill (.0005) of the fee or 50 cents, except that effective July 1. 2010. until June 30„ 2011. the permit surcharge is eauivalent to one-half mill (.0005) of the fee or $5, whichever amount is greater. New surcharge forms online Aug. 2 New surcharge forms with the change will be available for reporting on the DU Web site Aug. 2, 2010. Go tohttp://www.dlLrnn.gov/CcLDfSurcharge.asp to access the report forms. The current reporting forms will be available until Aug. 2, 2010. To complete or change a surcharge report after Aug. 2, 2010, for a month or quarter before July 2010, contact Cindy Chapel or Eileen McNiff at (651) 284-5411, or via e-mail at Cynthia.Chapel@state.mn.us or Eileen.McNiff@state.mn.us.