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Home My WebLink About02-21-17 CCMP1 III ( 1 ( )1 Our ill:silo,' is to l'roride. 011a/iti. 1'111;111. Sorices in a Fis4v1,,,,ponsible 2.\ Ian ner l'restv7ill,v,11),. C:1!y:i. Open Spa,.? NOTICE OF MEETING City Council Meeting Tuesday, February 21, 2017 7:00 P.M. City of Lake Elmo I 3800 Laverne Avenue North Agenda A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Approval of Minutes 1, January 31, 2017; February 7, 2017 D. Public Comments/Inquiries E. Presentations F. Consent Agenda 2. Approve Payment of Disbursements 3. Accept January 2017 Assessor's Report 4. Accept January 2017 Building Department Report 5. Accept January 2017 Fire Department Report 6. Accept January 2017 Public Works Department Report 7. Approve Inwood Water Tower (No. 4) - Pay Request No. 8 S. Approve Security Reductions: Boulder Ponds 5'1' Street; Village Preserve 2."`I Addition 9. Approve OP-ALT Zoning District Repeal to. Approve Appointments to Maintenance Advisory Committee it. Approve Appointments to Public Safety Committee 12. Approve Appointments to Human Resources Committee G. Regular Agenda Shoreland Management Overlay District Ordinance Amendment - Ordineiricc 08-166; Resolution 201 7-0 12 14. Zoning Map Amendment and CUP for 3549 Lake Elmo Avenue N H. Council Reports I. Staff Reports and Announcements J. Adjourn CITY OF LAKE ELMO CITY COUNCIL SPECIAL MEETING MINUTES JANUARY 31, 2017 CALL TO ORDER Mayor Pearson called the meeting to order at 2:05 p.111. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, Christine Nelson. undgren and Staff present: Administrator Handt, Finance Director Bendel, City Attorney Mary Teigen, and City Clerk Johnson. City Attorney Teigen reviewed the proposed agreement negotiated with Finance Director Bendel for termination of her employment contract with the City. Mary Brown, 7990 50'1' Street North, asked the Council to think about what is hest for the residents. Mayor Pearson, seconded by Councihnember Nelson, moved TO ADOPT RESOLUTION 2017-010 WITH THE SUBSTITUTE SEVERANCE AGREEMENT PRESENTED AT THE MEETING. Motion passed 3 — 2. (Fliflet, Lundgren — nay) Meeting was adjourned at 2:37 p.m. LAKE ELMO CITY COUNCIL ATTEST: Mike Pearson, Mayor Julie Johnson, City Clerk CITY OF LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 2017 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 .pm. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, Jill Lundgren and Christine Nelson Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Fire Chief Malmquist, Planning Director 'Wensman, and City Clerk Johnson. APPROVAL OF AGENDA Item 4, "Approve Purchase of Replacement Tahoe" was moved to the Regular Agenda. Item 12, "Shoreland Management Overlay District Ordinance Amendment" was postponed to the next meeting. Item 8, "Accept Accountant Resignation and Authorize Posting of Accountant Position" was moved to the Regular Agenda. Councilmember Bloyer, seconded by Mayor Pearson, moved TO APPROVE THE AGENDA AS AMENDED. MOTION PASSED 5 — O. ACCEPT MINUTES Minutes of the December 6, 2016 Special Meeting, and December 6, 2016 and January 17, 2017 Regular Meeting were accepted as presented. Minutes of the January 3, 2017 Regular Meeting were accepted as amended with corrections to the votes in items 6 and 17. PUBLIC COMMENTS/INQUIRIES Virginia Pleban, 8245 59'1' Street N., spoke about an idea to encourage visitors to downtown Lake Elmo during the summer months. PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements 3. Authorize Issuance of Request for Proposals for a Municipal Space Needs Assessment 5. Eagle Point Boulevard Street Improvements — Compensating Change Order No. 4 6. Eagle Point Boulevard Street Improvements — Pay Request No. 7 (Final) 7. Inwood Booster Station — Pay Request No. 8 9. Approve Cooperative Maintenance Agreement No. 10721 with Washington County for Downtown Phase 1 and Phase 2 Improvements Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 5-0. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 2017 ITEM 4: Approve Purchase of a Replacement Tahoe Discussion held concerning the color of the vehicle and the lack of review of this purchase by the Maintenance Advisory Committee. Councihnember Bloyer, seconded by Councilmen:her Nelson, moved TO APPROVE THE PURCHASE OF THE REPLACEMENT VEHICLE AND ASSOCIATED COSTS NOT TO EXCEED $22,500. Motion passed 3 — 2. (Fliflet, Lundgren — nay) ITEM 10: Zignego Minor Subdivision and Zoning Map Amendment Planning Director Wensman presented the request to rezone and subdivide property located at 3880 Laverne Avenue North into three parcels. Wensman reviewed the analysis and recommendations from staff and the Planning Corrunission. Tim Freeman of Folz, Freeman and Erickson spoke on behalf of the applicant, discussing setbacks and access from 39th Street. Councihnember Bloyer, seconded by Councihnember Lundgren, moved TO APPROVE ORDINANCE 08-165 APPROVING A ZONING MAP AMENDMENT TO REZONE THE PROPERTY LOCATED AT 3880 LA VERNE AVENUE NORTH FROM GB — GENERAL BUSINESS TO VMX — VILLAGE MIXED USE. Motion passed 5 — 0. Councihnember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE RESOLUTION 2017-013 APPROVING A MINOR SUBDIVISION REQUEST FOR THE PROPERTY LOCATED AT 3880 LAVERNE AVENUE NORTH, THEREBY CREATING TWO NEW LOTS OF 0.58 ACRES EACH, SUBJECT TO THE 11 OUTLINED CONDITIONS OF APPROVAL. Motion passed 5 — O. ITEM 11: Golf Course Community Zoning District Planning Director Wensman presented details of a proposed golf course community zoning district. Setbacks, development standards and other requirements were reviewed. Wensman noted that the zoning district would be needed in order to process a plat application that will be received by the City soon. Councihnember Fliflet, seconded by Councihnember Lundgren, moved TO AMEND SECTION P, PAGE 15 OF THE DRAFT ORDINANCE TO REMOVE ITEMS 1, 2, 3 AND 4. Motion passed 3 — 2. (Pearson, Nelson - nay) Councihnember Bloyer, seconded by Mayor Pearson, moved TO AMEND ITEM 0, PAGES 14 AND 15, TO INCREASE OPEN SPACE FROM 50% TO 65% IN PARAGRAPHS 1 AND 2. Page 2 of 6 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 2017 Mayor Pearson, seconded by Councihnember Fliflet, moved TO TABLE THE MOTION. Motion passed 4 — O. (Councilmember Lundgren was absent) Rick Packer, Royal Golf Course, addressed buffers and provided additional information on the current version of the proposed development. Councilmember Flylet, seconded by Mayor Pearson, moved TO BRING THE MOTION BACK FOR CONSIDERATION. Motion passed 5 — O. Primary motion passed 3 — 2. (Fliflet, Lundgren — nay) Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO AMEND SECTION 154.454 C.1.A REGARDING SECONDARY UNITS TO BE CONSISTENT WITH THE LDR DISTRICTS. Motion failed 3 — 1 — 1. (Fliflet - nay; Lundgren — abstain) Councilmember Fliflet stated she was opposed to the motion as it would not apply to smaller lots and suggested the Council revisit the issue to address other areas in the City. Councilmen:her Lundgren, seconded by Councilmember Fliflet, moved TO ADOPT ORDINANCE 08-167 APPROVING THE ADDITION OF THE PROPOSED GOLF COURSE COMMUNITY ZONING DISTRICT TO THE ZONING CODE OF THE CITY OF LAKE ELMO CODE OF ORDINANCES AS AMENDED. Motion passed 5 — O. Mayor Pearson, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2017-016 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-167. Motion passed 5 — O. ITEM 13: Inwood 4'1' Addition Developers Agreement Planning Director Wensman reported that this proposed Developers Agreement was modified to from the standard template in order to be consistent with previous Developers Agreements for Inwood. Councihnember Bloyer, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION 2017-014 APPROVE THE DEVEOPERS AGREEMENT FOR INWOOD 4711 ADDITION PLANNED UNIT DEVELOPMENT. Motion passed 4 — 1. (Lundgren — nay) ITEM 14: Hammes Estates 2" Addition Developers Agreement Planning Director Wensman reviewed key aspects of the proposed agreement. Councilmember Moyer, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2017-014 APPROVING THE DEVELOPERS AGREEMENT FOR HAMMES ESTATES 2" ADDITION. Motion passed 5 — O. Page 3 of 6 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 2017 ITEM 8: Accept Accountant Resignation and Authorize Posting of Accountant Position. Discussion held concerning the job duties and wording in the proposed job posting. Councilmember Bloyer, seconded by Mayor Pearson, moved TO ACCEPT PATTY BAKER'S RESIGNATION, APPROVE NEW ACCOUNTANT JOB DESCRIPTION AND AUTHORIZE POSTING OF THE FULL TIME POSITION WITH THE ADMINISTRATOR ADJUSTING AS NEEDED. Motion passed 3 — 2. (Fliflet, Lundgren — nay) ITEM 15: Financial Management Services Agreement City Administrator Handt reported on meetings with AEM at the recommendation of the City Attorney and other cities for financial services management. Jean McGann, AEM Financial Solutions, provided clarification on specific duties proposed for financial management and the interim services in the accountant position. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO LOOK AT OTHER OPTIONS FROM OTHER ACCOUNTING TEMPORARY SERVICES AGENCIES. Motion failed 1 — 4. (Pearson, Bloyer, Lundgren, Nelson — nay) Mayor Pearson, seconded by Councilmember Bloyer, moved TO APPPROVE THE PROPOSAL FOR INTERIM SERVICES AS PRESENTED. Motion passed 3 — 2. (Fliflet, Lundgren — nay) Councilmember Fliflet stated she would not support the motion out of frustration that other firms were not considered. Mayor Pearson, seconded by Councilmember Nelson, moved TO APPROVE THE AGREEMENT FOR FINANCIAL SERVICES WITH AEM FINANCIAL SOLUTIONS. Motion passed 3 — 2. (Fliflet, Lundgren — nay) Councilmember Fliflet stated she could not support the motion due to many factors including the length of the agreement and lack of staff input. ITEM 16: Plannit.q.! Commission Appointment City Administrator Handt presented recommendations for filling the vacancy on the Planning Commission created by the resignation of Wendy Griffin. Councilmember Lundgren moved TO HOLD OFF UNTIL THE COUNCIL HAS ALL THE DATA. Motion died — no second. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPOINT TERRY EMERSON TO THE PLANNING COMMISSION AS A SECOND ALTERNATE. Motion failed 2 — 3. (Pearson, Bloyer, Nelson — nay) Page 4 of 6 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 2017 Mayor Pearson, seconded by Councilmember Nelson, moved TO APPOINT JESS HARTLEY TO THE PLANNING COMMISSION AS A SECOND ALTERNATE. Motion passed 3 — 2. (Fliflet, Lundgren — nay) ITEM 17: Maintenance Advisory Committee Operating Policies and Procedures City Administrator Handt presented proposed operating policies and procedures for the Maintenance Advisory Committee. Mayor Pearson, seconded by Councilmember Millet, moved TO ADOPT THE MAINTENANCE ADVISORY COMMITTEE OPERATION POLICIES AND PROCEDURES. Motion passed 4 — 1. (Bloyer — nay) ITEM 18: Environmental Committee Operating Policies and Procedures City Administrator Handt presented a proposal for nan-owing the scope of the committee as a result of City Council input and proposed that the committee be comprised of five members with staggered 3 year terms. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT THE ENVIRONMENTAL COMMITTEE OPERATING POLICIES AND PROCEDURES WITH SOLID WASTE STRIKEN. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO INCREASE THE LIMIT ON MEMBERSHIP TO 9. Motion failed 2 — 3. (Pearson, Bloyer, Nelson —nay) Primary motion passed 3 — 2. (Fliflet, Lundgren — nay) ITEM 19: Planning Department 2017 Work Plan Mayor Pearson, seconded by Councilmember Lundgren, moved TO ACCEPT THE PLANNING DEPARTMENT WORK PLAN. Motion passed 5 — 0. ITEM 20: Parks Commission 2017 Work Plan Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO ACCEPT THE PARKS COMMISSION WORK PLAN. Motion passed 5 — O. COUNCIL REPORTS Mayor Pearson: Hosting "Meet the Mayor" Friday, February 10h, 4:30 at City Hall. Visited a staff meeting, attended goal setting workshop with city staff, working on an agreement with the owner of Tartan Park regarding the ball fields. Page 5 of 6 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 2017 Councilmember Nelson: Attended the League of Minnesota Cities newly elected officials conference and the City Council goal setting workshop. Councilmember Lundgren: Attended the goal setting workshop and noted that the facilitator was excellent; requested monthly police reports. Councilmember Bloyer: Congratulated former City Clerk Bell for being chosen for the City Administrator position in Bayport. Councilmember Fliflet: Commented on staff turnover in the finance department and committee changes. STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Attended monthly meeting at Washington County and announced vacancy on the South Washington County Watershed District Board. City Clerk Johnson: No report City Attorney Sonsalla: Attended a city attorney conference. Planning Director Wensman: meeting with Metro Mobility; working on code updates and development review. City Engineer Griffin: No report. Meeting adjourned at 11:05 pm. ATTEST: Julie Johnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Page 6 of 6 TI Jr CITY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: February 21, 2017 CONSENT ITEM #2 MOTION AGENDA ITEM: Approve Disbursements in the amount of$639,243.36 SUBMITTED BY: Kristina Handt, City Administrator THROUGH: Kristina Handt, City Administrator REVIEWED BY: Kristina Handt, City Administrator SI.IG(;ESTED ORDER OF BUSINESS: Introduction of ...... City Administrator Report/Presentation. „ _ .........City Administrator Questions from Council to ...... .... Mayor Facilitates Call for Motion .... ... Mayor & City Council Discussion.______. ... ......... Mayor City Council Action on Mayor:Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: $639,243.36 SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $639,243.36. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA -- page 1 -- City Council Meeting [Consent Agenda Item 2J February 21, 2017 BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # Amount Description ACH $ 15,597.64 Payroll Taxes to IRS & MN Dept of Revenue 2/16/17 ACH $ 8,026.79 Payroll Retirement to PERA 2/16/17 ACH $ 1,000.00 Payroll Retirement to MDCP 2/16/17 DD 7782-DD7829 $ 41,609.37 Payroll (Direct Deposits) 2/16/17 45591-45671 S 572,949.56 Accounts Payable 2/21/17 2786 60.00 Library Card Reimbursement 2/21/17 TOTAL $ 639,243.36 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council approve as part of the Consent Agenda the aforementioned disbursements in the amount of $639,243.36. ATTACHMENTS: Accounts Payable — check registers Accounts Payable To Be Paid Proof List User: Patty3 Printed: 02/15/20 17 - 2.32 rm Batch; 008-02-2017 Invoice D:“e Amount Qnantity Prnt Date DesTriptioli Reference Task Type PO t-; Close POLine 1.4 AMAZONIN Amazon Inc 01110/2017 874.66 0.00 02/21/2017 Adult, teen and kids books & DVD No 0000 200-450-5300-42500 Library Collection Maintenance 01,1 0/2017 367.31 0.00 02/21/2017 Supplies No 0000 206-450-5300-42000 Office Supplies Olf I 0/20 I 7 394.48 0.00 02/21/2017 Program supplies No 0000 206-450-5300-42500 Library Collection Maintenance Total: 1,636.45 AMAZONIN Total; 1,636.45 AMERICAN American Ene and Testing, Inc, 95337 01/31/2017 5,522.38 0.00 02/21/2017 1-94 Lift Station No 0000 602-495-9450-43030 Engineering Services 95337 Total: 5.572.38 AMERICAN Total: 5.572.38 .ANCOM ANCOM Communications. Inc. 65835B 01/12/2017 782.83 0.00 02/21/2017 F2 radio repair No MOO 101-420-2220-43230 Radio 65835B Total: 782.83 ANCOM Total: 782.83 APOLLO Apollo Heating & Air Perini) 2017-40 02/03/2017 60,00 0,00 02/21/2017 Refund HVAC - 8891 9th Place 0000 I 01-000-0000-32220 Heating Permits Permit 2017-40 Total: 60.00 Surcharge 02/03/2017 1,00 0.00 02/21/2017 Refund HVAC surcharge No 0000 101 -000-0000-20801 Building Permit Surcharge Surcharge Total: 1,00 APOLLO Total: 61.00 AP - To 13c Paid Proof List (02/15/17 - 2:31 PM) Page 1 invoice it. Inv Date Amount Quantity Pint Date Description Reference BAKERTAY Baker & Taylor 2032239076 08/22/2016 44.75 0,00 02/21/2017 Books 206-450-5300-42500 Library Collection Maintenance 2032239076 Total: 44,75 7032587399 01/16/2017 7.20 0.00 02/24'2017 Books 206-450-5300-42500 Library Collection Maintenance 2032587:399 Total: 7,70 2032587400 01116/2017 14.96 0.00 02/212'2017 Books 706-450-5300-42500 Library Collection Maintenance 2032587400 Total: 14,96 2032587401 01/16/2017 39.78 0_00 02/21/2017 Books 206-450-5300-42500 Library Collection Maintenance 2032587401 Total: 39,78 2032589020 01/17/2017 9,41 0.00 02/21/2017 Books 206-450-5300-47500 Library Collection Maintenance 203258902(1 Total: 9,41 2032589021 01/17/2017 407.95 0.00 02/21/2017 Books 706-450-5300-42500 Library Collection Maintenance 2032589021 Total: 407,95 2032606783 01124/2017 8.44 0,00 02/21/2017 Books 206-450-5300-42500 Library Collect ion Maintenance 2032606783 Total: 8,44 2032606784 01/24/2017 90,78 0,00 02/21/2017 Books 206-450-5300-42500 Library Collection Maintenance 2032606784 Total: 90.78 2[1326(16785 01/24/2017 190.35 0,00 02121/2017 Books 206-450-5300-47500 Library Collection 'Maintenance 20326(16785 Total: 190.85 BAKERTAY Total: 813,62 BGAUTO BG Automotive. Inc P110303 02/09/2017 101-430-3100-42210 Equipment Parts P110303 Total: BGAUTO Total: F311-TS Biffs Inc, W625990-625991 01'01/2017 101-450-5200-44120 Rentals - Buildings W625990-625991 Total: RIFFS Total: 4.9 - To BQ Paid Proof List (02/15117 - 2:32 PM) 32.60 0,00 02/21/2017 Parts 32.60 32.60 142.00 0.00 07/21/2017 Portable Restrooms - parks 142,00 142.00 Ta'* Type PO 4 Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 2 Inv Date ninny) t tantiQ, Pint Date Description Reference Task Type PO 4 Close POLine 1311-1/1 INES B.1 Haines 7/27116 07/27/2016 602-495-9450-43150 Contract Services 7127.116 Total: BJHAINES Total: CAPSTONE Capstone Homes 11725 32nd St 1)2/15/2017 101-000-0000-32210 Building Permits ! 1725 32nd St 02/15/2017 I 01-000-0000-34104 Plan Check Fees 11725 32nd St 02/15/2017 101-000-0000-20801 Building Permit Surcharge 11725 32nd St 02/15/2017 603-000-0000-37140 SW Review Fee Revenue 11725 32nd St Total: Escrow 02/15t7017 803-000-0000-22900 Deposits Payable Escrow Total: CAPSTONE Total: CAI:QUEST Car Quest Auto Parts 2055-400680 01/3112017 101-430-3100-42210 Equipment PEirts 2055-400680 Total: 2055-400884 1P/0212017 101-430-3100-42210 Equipment Parts 2055-400884 Total: 2055-40 I 167 02107/2017 101-430-3100-44040 RepairsAlaint Eqpt 2055-401167 'Total: CARQ EST Total: CB 8: 1 CB & 1 Constructors.. Inc. Pay Request- 8 02/01/0207 601-494-9400-43030 Engineering Services Pay Request 8 Total: CB & I Total: C.INTAS Cintas Corporation --'754 754689351 02/01/2017 101-430-3100-44 170 Uniforms 5,800.00 5,800.00 5,800.00 0.00 02121/2017 Tree removal -256.50 0.00 02/21.12017 Additional Plan Review -166,73 0.00 02121/2017 Additional Plan Review - Bldg -19.00 0.00 02/21/2017 Additional State Surcharge -100.00 0.00 02/21/2017 Additional Construction Admin fee -542.23 3,000.00 0.00 02/21/2017 Refund Escrow overpayment 3,000.00 2,457.77 199.50 0.00 02/21/2017 Parts 199.50 63.32 0.00 02/2112017 Parts 63,32 72,66 0.00 02/21/2017 Repairssmaintenance 72.66 335.48 354,458.30 354,453.30 354,458.30 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 0,00 02.12112017 Inwood Water Tower No 0000 144.14 0.00 0217112017 Uniforms No 0000 AP - To Be Paid Proof List (07'15/17 - 1:32 P1'.`1.) Page 3 Invoice Inv Da e Anomot Qmintity Pmt Date Description Reference Tsk Type PO 4 Close POI file a 754689351 02/01/2017 9,34 0.00 02/2112017 Uniforms No 0000 I 01-450-5200-44170 Uniforms 754689351 Total: 153.48 ' 754691998 02/08/2017 134.34 0,00 02/21/2017 Uniforms No 0000 101-430-3100-44170 Uniforms 754691998 02/0S/20i 7 9.34 0.00 02/21/2017 Uniforms - No 0000 101-450-5200-44 I 70 Uniforms 754691998 'fo0o: 143.68 754694203 02/14/02(17 103.90 0.00 02/21/2017 Cleaning and maintenance No 0000 1(11-410-1940-44010 RepairsiMaint Contractual Bldg 754694203 Total: 103.90 CINTAS Total: 401.06 COMCAST Comcast 01/27/2017 7,93 0.00 02/21/2017 monthly service No ONO 101-420-2220-44300 (Miscellaneous Total: 7,93 COMC AST Total: 7.93 COMPASS Compass Minerals 71600517 01/30/2017 101-430-3125-42290 Sand/Salt 71600517 Total: 716(11365 01/31/2017 101-430-3125-42290 Sand/Salt 71601365 Total: COMPASS Total: COOR DI N Coordinated Business Systems CN1N233357 01/27/2017 206-450-5300-43180 Information Technology CN1N233357 Total; COORDIN Total: CTYBLOOM City of Bloomingjon Jan 17 02/0 I /7017 601-494-9400-4227(1 Utility System Maintenance Jan 17 Total: CTYBLOOM Total: 3.190.84 0.00 02/21/201 7 Road Solt No 0(100 3,190.84 7.980.49 0.00 02/21/2017 Road Salt No 0000 7,980,49 11,171.33 576.79 0.00 02/21/2017 Monthly IT Support No 0000 576.79 576.79 42.00 0.00 (12/21/2(117 Lab testing No 0000 42.00 42.00 AP - To Be Paid Proof List (02/151)7 - 2:32 PM) Page 4 ioicc Inv Date Ptut Date Description Peril -miry Task Type PO Close POLine C"FYOAKDA C'itv of Oakdale 10000460-01 01/31/2017 601-494-9400-43820 Water Utility 1.0000460-01 Tom!: CTYOAKDA Total: DDASSOC David Drown Associates, Inc 3677 12/20/2016 101-410-132043150 Contract Services 3677 Toral: DDASSOC Total: DPC1NDUS 0PC Industries, Inc. 0E82000003-17 01/31/2017 601-494-9400-42160 Chemicals Dr82000003-17 Total: DPCINDUS Total: 7,375,05 7,375.05 7,375:05 0.00 02/2112017 Water meter - South Pit 1101-113 I/17 5.625,00 0.00 0121/2017 Consulting Services 5,675,00 5,625.00 20,00 0.00 02;21/2017 Chlorine 70.00 20.00 E.G.RL1D E.G. Rud & Sons, Inc, 34272 02/0212017 115.00 0.00 02121i2017 Survey - 45th Principle Meridian 404-480-8000-43050 Other Park Dcd Prof Services 34272 Total: 115.00 E.G,RUD 115.00 EARLANDE Earl F. Andersen, Inc, I I 3527-1N 02/080017 101-430-3120-42260 Sip Repair Materials 113527-IN Total: EARLANDE Total: ELAMM FRS Eckbcrg Lammers, P.C. 01 7017 01/31/2017 101-420-2150-43045 Attorney Criminal 01 2017 Total: ELAMMERS Total: 1ERGAPP Emergency Apparatus Main. Inc 91029 01/1 i!2017 I 01-470-2220-44040 Repairs;Maint Eqpt 91029 Total: 901„00 0,00 02/21/2017 Sign materials 901.00 901.00 3,609:16 0.00 02/21/2017 Prosecution 3,609. I 6 3,609.16 333.75 0.00 02/21/201 7 TI safety inspectimis 333.75 No 0000 No ORO No 0000 No 0000 No 0000 No 000U No 0000 At' - To 13e Paid Proof List (02/15117 - 2:32 PM) Page 5 invoice ;I Inv Date 91177 01/04/2017 _420-2220-440-10 Repairs/'Quint E9pt 91177 Total: EMERGA PP Total: FASTENAL Fasienal Company MNOAK 17137 01126/2017 101-430-3100-42150 Shop Materials MNOAK17137 Total: M140A1:17140 01/26/2017 I 01-430-3100-42150 Shop Materials, MNOAK17140 NOAK17200 DI/31/2017 101-430-3100-42150 Shop MaterHs MNOAK 17200 'Fotal; FASTISNAL Total: Anowor Quantity Pint Date Deseription Reference Task Type PO '9 Close POLine 693.09 0.00 02/21/20 l 7 T2 repairs 693.09 1,026,84 No 0000 10.96 0.00 02121/2017 Supplies No 0000 10.90 4.31 0.00 02121/2017 Supplies 0000 4.31 77,79 0.00 012112017 Supplies 0000 77.79 93.00 FOCUS Focus Engineering, Inc. 3374-3378 01/28/2017 343.50 0.00 0201/2017 PW - general No 0000 101-430-3100-43030 Engineering Services 3374-3378 01128/2017 1,617.00 0.00 0121/2017 General No 000C 101-410-1930-43030 Engineering Services 3374-3378 01/24/2017 S46.25 0.00 02/)1/2017 Planning No 0000 101-410-1910-43030 Engineering, Services 3374-3378 01/28/2017 36.00 0.00 02/21/2017 ROW No 0000 101-430-3100-43030 Engineering Services 3374-3378 Total: 2,847,75 3379 01/28/2017 972.75 0.00 02121/2017 Water No 0000 601-494-9400-43030 Engineering Services 3379 01178./20 17 211,00 0.00 02121/2017 Sewer No 0000 602-495-9450-43030 Engineering Services 3379 01/28/2017 270,00 0.00 02/21/2017 Surface water No 0000 603-496-9500-43030 Engineering Services 3379 Total: 1,453.75 3380 01/2812017 600.00 0.00 02/21/2017 Transportation & Traffic No 0000 409-480-8000-43030 Engineering Services 3380 01/28/2017 60,00 0.00 02/71/2017 Muni aid No 0000 409-480-4000-43030 Engineering Services 3380 Total: 660,00 3381 01/28/2017 300.00 0.00 02121/2017 CSAH 15 No 0000 602-49.5-9450-43030 Engineering Services 3381 Total: 300.00 3382 01128/2017 874.75 0,00 07/21/2017 LE Avenue Con'idor No 0000 409-480-8000-43030 Engineering Services I ; .AP - To Be Paid Proorl-ist (OM 5/17 - 2:32 PM) Page 6 r; Amoitrit Quantity Pint Date Description ps 0-el-en cc Tttsk Type PO ft Close POLine 3382 "Fotal: 374.75 33123 1.)1/23.17017 1,488.75 0.00 011'2 D2017 lnwood Roster Station 601 -494-9400-43030 Engineering Services 3383 Total: 2„488.75 3334 01/7811017 976.50 0.00 02/21/2017 Inwood Trunk Watermain 601-494-9400-43030 Engineering Services 3334 Total: 976.50 3335 01128/2017 687.00 0.00 02.'21;'2017 Eagle Point Blvd 409-480-8000-43030 Engineering Services 3385 'Total: 687,00 3.336 0112812017 685.00 (1.00 02/21/2017 CSAH 13 409-40-3000-43030 Engineering. Services 3336 'Fotal: 685,00 3387 01/78/2017 1,855.45 0,00 01,21/2017 2016 Street Improvements 409480-8000-43030 Engineering Services 3337 Total: 1,855.45 3383 01/2812017 539.50 0.00 01/211201 7 Inwood ater tower 60 1-494-9400-430.30 Engineering Services 33S8 Total: 539.50 3339 01128/2017 2,557.75 0,00 02/21/2017 Old Village Phase 111 409,480-8000-43030 Engineering Services 3339 Total: 2,557.75 3390 01178/20(7 1,343,50 0.00 02/21/2017 1-94 lift station 601-495,9450-4303(1 Engineering, Services 3390 Total: 1,843.50 3391 01/73/2017 3,338,25 0.00 02/21/2017 2017 Street Improvements 409-480-8000-43030 Engineering Services 3391 Total: 3,338.25 3392 01128/2017 120,0(1 0,00 02/2112017 Savona 803,000-0000-22910 Developer Payments 3392 Total: 120,00 -3393 01/2812017 436.75 0.00 02/2112017 Easton Village S03-000-0000-22910 Developer Payments 3393 Total: 436.75 3394 0117312017 90.00 0.00 07121/7017 Village Park Preserve 803-000-0000-22910 Developer Payments 3394 Total; 90,00 3395 0108/201 7 108,00 0.00 02/21/2017 Fade Point (Medical 803-000-0000-22910 Developer Payments 3395 Total: 108.00 3396 01/73/2017 210.00 0.00 02/21/2017 Savona 11 803-000-0000-22910 Developer Payments 3396 Tetal: 210.00 3397 01/28/2017 144.00 0.00 0212112017 Hunter Crossing!! 303-000-0000-22910 Developer Payments No 0000 No 0000 No 0000 No 0000 No 0000 0000 No 0000 No 0000 No 0000 No 0000 N o 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (02/15117 - 2:32 PM) Page 7 3.)81:1. moon( Qu ti ty Pint Date Derierip Reference Tas 3397 Total: 144,00 3398 ()1128120 I 7 747.00 0.00 02/21/2017 Savona 111 803-000-0000-22010 Developer Payments 3398 Total, 747,00 3399 01/28/2017 196,00 0.00 02/21/2017 Auto owners 803-000-0000-22910 Developer Payments 3399 Total: 126.00 3400 01/2812017 819.00 0,00 02/2112017 Savona IV 803-000-0000-22.910 Developer Payments 3400 Total: 819.00 340 I 01128/7017 498,00 0.00 02/21/2017 Easton Village 11 803-000-0000-22910 Developer Payments 3401 Total: 408.00 3402 0112812017 615.00 0,00 02/21/2017 Boulder Ponds 11 803-000-0000-22910 Developer Payments 3402 Total: 615.00 3403 01/28/2017 533.75 0.00 02121/2017 Village Preserver II 803-000-0000-22910 Developer Payments 3403 Total: 533.75 3404 01/28/2017 690,00 0.00 02/21/2017 Royal Gol' 803-000-0000-22910 Developer Payments 3404 TotaL 690.00 3405 01/28/2017 1,710.00 0.00 02/21120 I 7 Hidden Meadows S03_000-0000-22910 Developer Payments 3405 Total: 1,710.00 3406 01/28/2017 60.00 0.00 02/21(20 I 7 Inwood IV 803-000-0000-2291(1 Developer Payments 3406 Total: 60.00 3407 0112812017 258.00 0,00 02/21/2017 Wildflower 11 803-000-11000-22910 Developer Payments 3407 Total: 258,00 3408 01/28/7017 474.00 0.00 02/21/201 7 Hammes 11 S03-000-0000-22910 Developer Payments 3408 Total,: 474.00 3409 01/28/2017 7,658.50 0.00 02/21/2017 Inwood V S03-000-0000-22010 Developer Payments 3409 Total: 2,658.50 3410 01/28/2017 15(1,00 0.00 02/21/2017 9242 Ifudson Blvd Site 409-480-8000-43030 Engineering Services 3410 Total: 150.00 3411 01/28/2017 330.00 0.00 02/21/%017 Easton Village 111 803-0 Developer Payments 3411 Total: 330,00 3412 01)28/2017 12(1.00 0.00 02/21/201 7 Verizon/Ideal Water tower 803-000-0000-22910 Developer Payments improvements pe PO 4 Close P()Litte 0000 No 0000 No 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 - To Be Paid Proof List (02/15117 - 2:32 PM) Page 8 Irrvoiee TAry Q!nt0v Nit Date 1)Pscriptinn Pefm-enpr ii pe 1)) 4 Close POLine 3412 Total: 3413 01128/2017 S03-000-0 .10-22910 Developer Payn tents 3413 Total: FOCUS Total: 120.00 120.00 0,00 02171/2017 Verizon Cell Tower Improvement 120,00 37,625.95 GOODTECH Goodpoint 'Technology, Inc 3699 010712017 4.620.00 0.00 0201/2017 Citywide Pavement Assessment 101-430-3120-43150 Contract Services 3699 Total: 4,620.00 GOODTECH Total: 4.620.00 IlDSUP PLY HD Supply \Vaterworks, Ltd. G746579 0106/7017 601-494-9400-42300 Water Meters & Supplies G746579 Total: HDSUPPLY Total: LAFCREG 1AFC 1,662.50 1,662.50 1,062.50 0.00 0712112017 Water meters 0 -WM/2017 259,00 0.00 02/21;2017 Annual membership 1 01-470-?720-0 330 Dues & Subscriptions Total: 259.00 1AFCREG Total: 259.00 No 000o No 0000 No 0000 No 0000 INNOVAT Innovative Office Solutions 1490812 02/02/2017 40,00 0.00 0212112017 Supplies No 00011 10 1-410-1 320-42000 Office Supplies 1490812 Total: 40.00 1496332 02/07/2017 8.00 0.00 02121/2017 Supplies - No 0000 WI -430-3100-42000 Office Supplies 1496332 Total: 8.00 INNOVAT Total: 48.00 JANIKING °FM innesota, Inc N1 NO21 70352 (12/()10017 101-410-1940-44010 Repairs(Maint Contractual Bldg N41NO2 170352 Total: JANIKING Total: AP - 10 Fie Paid Proof List (0)11.511 7 - 2:32 PM) 329.26 0.00 0212112(117 Cleaning Services - City hall No 0000 329.26 329.26 Page 9 l.ttv Data Anonut Quantity nut Da tc Der:criptinti Reference f-iqk kathfuel Rath Fuel Oil Service Co 581558 01'03;2017 1.01-430-3100-42120 Fuel. Oil and Fluids 581558 Total: kWh fuel Tool: KLMENG KLM Engineering, Inc. 6306 02/09/2017 !0I-410-1930-43030 Engineering Services 6306 'Total, KLMENG Total: K WI K Kwik Trip Inc 02/02/201 7 101 -420-???0-42120 Fuel, Oil and Fluids Total: K\VIK Total: LARSON Larson Diesel Service, Corp I 70109006 01/09i2017 101-430-3100-44040 Repairs/Maint Eqpt 17(1109006 0110912017 101-430-3100-42210 Equipment Pans 170109006 Total: 170120017 01/20/2017 101-430-3100-44040 Repairs/Maint Eqpt 170120017 0112012017 101-430-3100-42210 Equipment Parts 1701.20017 Total: 170123001 01/23/0207 101-430-3100-44040 Repairs/Maint Eqpt 17(1123(1()1 0 03/0207 ! 01-430-3100-422 10 Equipment Parts 170 123001 Total: LARSON Total! LEOIL ake Elrno Oil. Inc, 01131/0207 101-420.2220-42 i 2(1 Fucl, Oil and Fluids 01/31;'201.7 101-430-3100-42120 Fuel. Oil and Fluids Total: 114_50 0,00 02/2112017 Fuel 114.50 114,50 !,500.00 0.00 02/21/2017 Plan Review of KIT Mobility 1,500.00 1,500.00 79.03 0.00 02/21/2017 Fuel 79,03 79.03 1,100,00 0.00 02/21/2017 Repairs 453.02 0.00 02/7 112017 Parts 1.553,02 I 11)00 0.00 02/21/2017 Repairs 8.60 0.00 07/71/2017 Parts 118.60 10,00 0.00 02/2112017 Equipment repairs 155,72 0,00 02/21/2017 parts 765,71 1,937,34 300,69 0,00 02/2112017 Fucl 124.81 0,00 02/21/2017 Fuel 425.50 Type l'() tt Close POLiite No 0000 No 0000 No 0000 No 0000 No 000(1 No 0000 No 0000 No 0000 No 0000 No 000(1 No ONO - To Re Paid Proof List (-021)5/17 - 2:32 PM) Page 10 invoice zi Inv Date /tolinnot Qlllilitv Ptitt Date Description Reference *Fask Type PO t,', Close POLine if — — LEOIL Total.: 475.50 Lillie Newspapers Inc. Lillie Suburban Acct 1)1)7148 01/3 4/0207 81.00 0.00 02/21-'2017 Notices No 0000 101-410-1320-43510 Legal Publishing Acct 007148 Totak 81.00 Lillie Total: 81.00 LOH? Leffler Companies, Inc. 7437510 02/01/2017 326.96 0.00 0E21/2017 Copy machine base & overages Nn 0000 I 01-41 0-1940-44040 Repairs/ aint Contractual Eqpt 2437510 Total: 326.96 LOFF Total; 326.96 MALMQNOA Malmquist Noah 02/09/2017 219.77 n,00 0212112017 OfTieer Fire School Reim0000bursement No 101-420-2220-44370 Conferences & Training Total: 219,27 f'vlALMONOA Total: 219.27 MARONEYS Maroney's Sanitation, Inc 605101 02,1)8.'2017 11.5.22 0.00 02/2 1 /2017 City Hall No 0000 I 01-410-1,)40-43840 Refuse 665101 02/08/2017 50.77 0.00 02/21 /201 7 Fire No 0000 101-420-2220-43840 Refuse 665101 07,408/2017 221.17 0,00 02121/2017 PW No 0000 101-430-3100-43840 Refuse 665101 07/08120 1 7 231,04 0.00 02/21/2017 Fire - No MOO I 0 I -420-2720-43S40 Refuse 665101 071080017 50,88 0.00 02/21/2017 Library No 0000 206-450-5300-43840 Refuse 665101 Total: 669.0S MARONEYS Total: 669,08 MARYSVIL Marysville. LLC Escrow 0.7/10/2017 1.030.00 0.00 02/21/2017 Refund 8(104 50th Street S03-000-0000-22900 Deposits Payable Escrow Total: 1.030.00 MARYSVIL Total: 1.030.00 No 0000 - To Be Paid Proof List (02,15:1 7 - 7:32 PM) Page 11 .111-voice ft !nv Antonnt Quatility Plot Date Description Reference Task Type PO ft Close POLitte ENA RDSO Menards - Oakdale 97477 01/3012017 13.66 0.00 02/71/2017 City hall restroom 101-410-1940-42230 Building Repair Supplies 22477 Total: 13.66 2-1995 02106/2017 20.94 0.00 02/21/2017 Supplies I 01-430-3100-42150 Shop Materials 22995 Total: 20.94 23089 02107/2017 29,94 0.00 02/21/2017 Ice melt 101-410-1940-42230 Building Repair Supplies 23089 Total: 29.94 2.7148 02106/2017 298.69 0,00 02/21/2017 Tools 601-494-9400-42400 Small Tools & Minor Equipment 23148 Total: 298.69 MENARDSO Total: 363.23 METCOU Metropolitan Council 1063797 0210210207 3.724,99 0.00 02/21/2017 Waste water services 602-495-9450-43820 Sewer Utility - Met Council 1063797 Total: 3,724.99 METCOU Total: 3.724,99 M1DAMBCK MidAmerica Backllow Co 17011 01/06/2017 601-494-9400-42160 Chemicals 17011 Total: M1DAMBCK Total: MINDSPAC MincIspace, Inc. S20160697 01/0917017 101 -420-2770-44040 RcpairsiMaint Eqpt S20160697 Total: NI1NDSPAC Total: No 0000 No 0000 No 0000 0000 No MOO 121.42 0.00 02/21/2017 Chemicals No 0000 121,42 121.42 324.00 0.00 02/21/2017 Replacement traffic cones No 0000 324.00 324.00 MPCA MN Pollution Control Agency Col enter 112/15/2017 400,00 0.00 02/21/2017 Wastewater Conference 602-495-9450-44370 Conferences & Training Colemer 400.00 Cornell 07/15/2017 400.00 0.00 07i21/2017 Wastewater Conference 607-495-9450-44370 Conferences & Training Cornell Total: 400.00 Effinger 02/1512017 40(1,0(1 0,00 02/21/2017 Wastewater Conference 61P-495-9450-44370 Conferences & Training No MOO No 0000 No 0000 AP - To Be Paid Proof' List (1.12/15/17 - 2:39 PM ) Page 12 in.voice „ !fly te Amoout Quantity Pint Date Description Reference 'fask Type PO ft Close POLine ft Ettinger Total: Gustafson 02115/7017 607-495-9450-44370 Conference & Training Gustafson Total: Nicklay 07/15/7017 002-495-9450-44370 Conferences & 'Training Nickloy MPCA Total: MSAPROF M SA Professional Services, Inc 13 02;07/20 I 7 60 -49/1-9100-43030 Engineering Services 13 Total: MSAPROF TotaL NIAITC National Fire Codes 6907 ?02X 02/0610707 101-420-2220-44330 Dues & Sul/sat-Mons 6907202X 'iota,: MATH:, Total: NOR ITTITUO Blue 'ram Financial 4(1420691.55 07;07/201 7 101-430-3100-42120 Fuel. Oil and Fluids 4042069 155 02/07/2017 101-430-3100-42400 Small Tools & Equipment 4042069155 Total: NORTFITOO Total: PERMITWO PermitWorks 1,1.6' 201 7-0063 02101/20 I 7 101-420-2400-13 ISO Information Technolog,y/Web 2017-0063 Total: PERMITWO Total: PINKY Pinky's Sewer Servic.e, Inc. 80025 02/0712017 206-450-5300-44010 Repairs/Maint Bldg 80025 Total: 400.00 400.00 400_00 400.00 400.00 2,000.00 2,50 I .00 '7.501,00 7,501.00 1.495.00 1,495.00 1,495,00 82.50 43,99 126.49 126.49 255.00 255.00 255.00 100.00 100,00 0.00 07/21/2017 Wastewater Conference 0,00 02121./2017 Wastewater Conference 0.00 02/7 1/2017 Inwood Trunk Watermain 0,00 02/2112017 Annual subscription 0.00 02/21/2.017 Fuel 0.00 02121/2017 tools 0,00 02/21/201 7 Remote inspector Ilion (Illy access 0.00 02/2112017 Pumped tanks - Library No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (02/15117 - 2:32 PM) Page 13 IIIVOitT.# In'' 1)a te A mom); Quanflty Pnfl Date 1)ccript Task PINK")" Total: 100.00 RANG ER Ranger Chevrolet Buick GNIC 02/10/20 I 7 35,300.23 0.00 02/21/20 17 Tahoe for Fire Department 410-480-8000-45500 Vehicles Total: 35,300,73 RANGER 'cotal: 35,300.73 RCMEQUIP RCM Equipment Company, TLC 3510 10/26/2016 1.466,70 0.00 02121/2017 Rock feeder hose 101-430-3100-44010 Repairs/Maint Bldg. 3510 Total: 1,4()6.70 RCN1EQU1P 1,466,70 SEH Short Elliott Hendrickson, Inc 327671 02102/2017 7(097.91 0.00 02121/7017 Old Village Phase III 409-40-S000-430.30 Engineering Services 327671 Total: 20,992.91 SEI-1 Total: 70.997,91 STILLTOW Stillwater Towing INC 154727 02/01/2017 250.00 0,00 02/20017 Tow truck 10 t 430-3 100-44010 RepairsIklaint Bldg 159727 Total: 250.00 STILLTOW Total: 750..00 STLIBRAR Stillwater Public Library 02/0112017 1,560.00 0.00 02/21/2017 Library Card Reimbursement 206-450-5300-44300 Nliseellaiteons Total: I .560.00 STLIBRA1Z Total: 1,560,00 SURPLUS Surplus Services 11740 0710717017 560.00 0.00 0212112017 Various tools 101 -430-3 100-42400 Small Tools & Minor F.quipment 11740 Total: 560.00 11742 0710612017 330.00 0.00 02/21/2017 Tools 101-430-310(1-42400 Small Tools & Minor Equipment 11742 02/06/2017 330.00 0.00 02/21 /2017 Tools 101-450-5200-42400 Small 1 ools & Minor Equipment PO / Close POLine tt No 001)0 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Bo Paid Proof List (02/15/1 7 - 2:32 PM) Page I 4 I 174', Total: 20037258 02/03/ 20 1 7 101-430-3100-42400 Small Took Minor Equipment 70037258 'Iota]; 70037761 02.106/20 I 7 101-430-3100-42000 Office Supplies 20037761 02;06/2017 6() I -404-9400-42000 °Mee Supplies 20037261 Total: SURPLUS Total: TDS FIJS Metrocom - LLC 65 1 -779-8882 0243/7017 10 I -420-22'20-4321 0 Telephone 651-77Q-8882 0211312017 101-430-3100-43210 Telephone 651-779-8882 02/13/2017 602-495-9450-43210 Telephone 651-779-8882 02/1312017 601-494-9400-43210 Telephone 651-779-8882 Total: TDS Total: ivintint Part Date Descriptimk Reference Task TYPv PO # (ince POLine 600,00 70.00 0.00 02,'.1110 I 7 Various t00) No 0000 20.00 72.00 0.00 (12'21/2017 Supplies No 0000 7.7.00 0,00 02(21 1 7 Supplies No 0000 144 00 1.384.00 91.95 0.00 1P/21(2017 Analog lines - Fire No 0000 271.05 0.00 02721 /2017 Analog lines - PW No 0000 85.00 0,00 02.i2 f /2017 Analog lines - Lift station alarms No 0000 44.50 0.00 02/2112017 Alarm Well house 2 No 0000 442.50 442.50 TE:11.ANDM TEI Landmark Audio _I 1849387 0111312017 2,000.00 0,00 02/21/2017 Audio advanced pt.irchase plan No 0000 206-450-5300-42500 Library. Collection Maintenance 11849.382 10011: 2,000.00 TEICANDtvl 2,000.00 TELEMEIR Telemetry- & Process Controls 105151 01131/2017 279.00 0,00 02/21/2017 Monthly Sell,ices 601-494-9400-43 150 Contract Services 105151 01131/2017 279.00 0.00 02/21/2017 Monthly services 602-495-9450-43150 Contract Services 105151 Total: 558.00 TETEM FIR Total= 558.00 TKDATKDA. Inc. 2017000265 02/0912017 400-480-8000-43030 Engineering Services 2017000765 Total: AP - -fo l3e Paid Proor List (02/15117 - 2:32 P'.1) 7.101.83 0.00 02/21;2017 20 7 Street Improvement 7,101,83 WOO No 0000 0000 Page 15 Invoite Inv Dfite TK DA Toial: A mon t v Pint Date ITe,:rrip hn Reference Task Type PO 0 Close POUtie 7.101.83 TOOLGUY The Tool City, ELC 26466 02/07/201 7 77.83 0.00 02/21/2017 Tools 101-430-3100-42400 Small Tools & Minor Equipment 20466 Total: 77.83 204109 02107/2017 8.24 0.00 02/21/2017 Tools 101-430-3 I (1(1-4240(1 Small Tools & Minor Equipment 26469 Total; 8.24 TOOLGUY Total: 36,07 TOWNCTRY Town & Country Cleaning Co 217553 0210112017 206-450-5300-440 I 0 RepairsiMaint Bldg 217553 Total: TOWNCTRY Total: TRKUTI Truck Utilities Inc. 308118 02/1312017 101-430-3120-42210 Equipment Parts 308118 Total: 1 MUTT Total: 370.00 0.00 02/21/2017 Cleaning - Library 3 70. 00 3 70.00 21.40 0.00 02/71/2017 parts 21.40 21.40 No 0000 No ((000 No 0000 No 0000 TWINGAR Twin City Garage Door Corp. 477272 02/08/2017 255.00 ((.00 02/21/20 I 7 Bay door No 01)00 101-430-3100-44010 RepairsiMaint Bldg 477272 Total: 255.00 TWINGAR Total: 255.00 WASH-REC Washington County 02/01/2017 230.00 0.00 02/21;20 I 7 Recordings No 0000 101-410-1320-43150 Contract Services 230.00 Total: WASH-R EC Total: 2311.00 WASHLIB Washington County Library 02/01/2017 20o-450-5300-44300 Miscellaneous Total: 5,181.00 0.00 02/21/2017 Library Card Reimbursement 5,1 S1.0(1 No 0000 Al - To Be Paid Proof List (07/151! 7 - 2:32 PM) Page 10 hIVOite 1111A tity Pint Date Description Reference Task Type # Close ',Qum, # \NASF-{1.113 Total: WEEKSEND Weeks -End Signs & Graphics "));-) 02/02/2017 I 01-410-1940-44300 Miscellaneous 7782 Total: WEEKS END Total: Whiteani White Anita Bonus 02-'07/4117 I 01-410-1450-43620 Cable Operations Bonus Total: Cable 02/07/2017 101-411)-115(1-43620 Cable Operations Cable Total: Whiteani fotak WITTER Witter Nicholas 02/09i2017 101-420-2220-44370 Conferences & Training Total: WI ITER Total: XCEL Xcel Energy 01/30/7017 101-450-5200-43810 Electric Utility 01 /3012017 602-495-9450-43810 Electric Utility 0 1 /30/2017 01-430-3160-43810 St et Lighting 01 /301201 7 101-410-1940-438 10 Electric Utility 0113072017 101-430-3160-43810 Street Lighting 01 /30/2017 60 I -494-9400-43810 Electric Utility 01130/2017 101-430-3160-4.3810 Street Lighting 01 /30/2017 11-494-9400-13810 Electric Utility Total: 5.181.00 345.00 0.011 07/7 117017 City Hall Sign 345.00 345.00 25.00 0.00 On 1 /201 7 CC 2.7.17 - Bonus 25.00 55.00 55.00 80.01) 0,00 02/71;2017 CC 7.7,17 233.18 0.00 02121 /2017 Officer Fire School Reimbursement 2.33.18 233.18 127.27 235.89 35.87 458.81 34.06 1,254.15 2,137,37 701.47 4,979.89 - To Be Paid Proof List (07• 1547 - 2:32 Pi\ I) 0.00 02/21/2017 Utility expense 0.00 02/2 1/2017 Utility expense 0.00 07/21/2017 Utility expense 0.00 07/21.12017 Utility expense 0.00 02/21/2017 Utility expense 0.00 07771/2017 Utility expense 0.00 02/21 /20 17 Utility expo ise 0.00 02/21/2017 Utility expense No No No No ONO 0000 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 17 vo fi; Nv Vali! A•ato tint Quantity Pm( Date 1le;r1-ifilion 11:1-crenre Task Type PO fi (lose POLiile XCEL Total: 4,979.89 YALFMECH Vale Mechanical 173963 01/31/2017 384.64 0,00 OP 1/2017 Maintenance No 0000 101-410-1940-44010 Repairs/Maim Contractual Bldg 173963 Total: 384.64 175046 01131/2017 1,245.94 0.00 02/21/2017 Maintenance No 0000 101-430-3100-4,4010 Repairs/Maint Bldg 175046 Total: 1.245,94 75048 01/31/2017 902.10 0,00 02721P111 7 Maintenance No 0000 10 L-420-2220-44010 Repairs/Maint Bldg 175048 Total: 902.10 YALEMECT1 Total: 2,532.68 Report Total; 54.5:2I 5.56 AP - To Be Paid Proof List (02)5/17 - 2:32 PM) Page 18 Accounts Payable To Be Paid Proof List User: PattyB Printed: 02/15/2017 - 2:08 PM Batch: 009-02-2017 InvoieP Inv Date SWIWC SW/WC Service Cooperatives 170202317835 [1)/00017 1 01 -000-0000-21 70(i Medical Insurance 170202317835 Total: SW/WC Total: Report 'Fotal: Amount Quantity Pmt Date Description Reference Task 27,737.00 0..00 02C. IRO 1 7 March 2017 premium 27.737.00 27,737.00 27,737,00 T-3pe PO 4 (toe P()I,ille No 0000 - Io Be Paid Proof List (02.J1 5.'1 7 - 2:08 PM1 l'ae TM (TN 121K E ELMO STA FF REPORT DATE: February 21, 2017 CONSENT ITENI #3 TO: Lake Elmo City Council FROM.: Dan Raboin, City Assessor AGENDA ITEM: Monthly Assessor Report REVIEWED BY: Kristina Handt, City Administrator SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly assessor report for through December 2016 outlining work performed on behalf of the City of Lake Elmo. No specific motion is needed as this is recommended as part of the Consent Agenda. MONTHLY ACTIVITY: Property splits/plats — 0 Sales collected and viewed — 7 Taxpayer inquiries — 2 Miscellaneous inquiries - 5 Inspections — Residential new construction — 112., Commercial new construction— 1 Building permit reviews — 33 Pictures taken — 116 Other work performed included: • Completion of 2017 Assessment. Working on sales analytics, land values, neighhorhood values, and miscellaneous edit lists • Monthly meeting with County residential and commercial supervisors • Computer work including but not limited to: data entry for all properties inspected; permit information; sales verification using MLS and other resources; and telephone inquiries. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the January 2017 monthly assessor report. page 1 -- TI IF CITY OF I AKE ELMO STAFF REPORT DATE: 2/21/17 CONSENT ITEM #: 4 TO: Lake Elmo City Council FROM: Mike Bent, Building Official AGENDA ITEM: Monthly Building Department Report — January 2017 REVIEWED BY: SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly building department report. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. MONTHLY REPORT: Below is a snapshot of the monthly statistics for January 2017. Comparison data is also include from prior years for new home single family construction and total pen-nitting activity for the month. Attached are the system summary reports breaking out this information further, including the statistics related to the inspection activity. 2017 2016 2015 New homes 21 8 5 Total valuation S8,028,310 $2,511,681 $2,306,668 Average home value $382,300 $313,960 $461,333 Total Pen -nit Valuation YTD $8,253,924 $9,115,875 $3,946,191 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the January 2017 monthly building pen -nit report. ATTACHMENTS; 1. Valuation Report 2. Pennits Issued & Fees Report 3. Inspection statistic report for January 2017 TI IC CITY OF K E ELMO STAFF REPORT DATE: February 7, 2017 CONSENT ITEM #: 5 TO: City Council FROM: Greg Malmquist, Fire Chief AGENDA ITEM: Month End Fire Department Update for January 2017 REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: ISSUE BEFORE COUNCIL: Review month end activity update from fire department. Advise on any additional information requested. PROPOSAL DETAILS/ANALYSIS: We had a total of 37 calls for January. 6 Fire alarms with no fire — unintentional 1 Structure Fire 5 Dispatched and cancelled en route 17 Medicals 1 Gas Leak 6 Car accident with injuries 1 Steam mistaken for smoke 37 Total 3178 is temporarily being used to replace CV2. That said, a command vehicle did not respond on 1 call for a response rate of 97%. Average response time was 6 minutes. 8 of our calls had 3 or less responders minus CV/3178. Department drills for the month were: #1 — CEU Hostile Environment #2 — Emergency Response #3 — Right to Know make-up Points of interest: - One of our CVs was totaled in a car crash as personnel responded to an emergency call. One Fire Fighter that previously indicated intent to resign did in fact formally resign from the department. 2 potential recruits submitted applications and have begun the process to become probationary Fire Fighters. One of the applicants is a fon-ner member of the department and is currently full time fire for Saint Paul. - One of our personnel attended a special training related to fire fighter suicide and psychological trauma. - Two personnel completed training and are now instructors for CIRAS (Collaborative Incident Response Active Shooter) FISCAL IMPACT: N/A OPTIONS: RECOMMENDATION: ATTACHMENTS: Tl/o OTT OF K 1� K�-�� —� �.��u �v`� MAYOR AND COUNCIL COMMUNICATION DATE: 2/21/2017 CONSENT AGENDA ITEM: Public Works Director Report SUBMITTED BY: Rob Weldon, Public Works Director 1[UKROK]GH: Krix\bnu 8undt, City Administrator REVIEWED BY; KrsibnaBuudi,City Administrator ISSUE BEFORE COUNCIL; City Council ioasked toreview and accept, axpart afconsent Agenda,nbrief description nfactivities that have taken place iothe Public Works Department bnthe month of January 2017. PROPOSAL DETAILS/ANALYSIS: ^ Meeting with City ofOakdale todiscuss termination ofwater supply * Meeting with Metro Transit todiscuss proposed 1'84 Park and Ride • Inwood Ave Booster Station start-up ° City Hall RecLnoompainting w Staff Parking Ordinance Discussion ° Safety Training ° Tree removal on Hill Trail 201 Drain field * Meeting with TPC to discuss future S[ADMcomputer options • 12winter weather events requiring plowing orsalting • Misc. vehicle repairs related towinter weather events Base on the activities listed above, City Council isrespectfully asked to accept the January 2Oi7 Public crr LAKE AGENDA ITEM: SUBMITTED BY: REVIEWED BY: STAFF REPORT DATE: CONSENT ITEM #: Inwood Water Tower (No. 4) — Pay Request No. 8 Chad Isakson, Project Engineer Krintina Handt, City Administrator Jack Griffin, City Engineer February 21, 2017 7 BACKGROUND: CB&I, Inc. was awarded a construction contract on March 15, 2016 to complete the Inwood Water Tower (No. 4) project. The contractor has submitted Partial Pay Request No. 8. ISSUE BEFORE COUNCIL: Should the City Council approve Pay Request No. 8? PROPOSAL DETAILS/ANALYSIS: CB&I, Inc., has submitted Partial Pay Request No. 8 in the amount of $354,458.30. The request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed. The amount retained is $89,669.38. FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. RECOMMENDATION: Staff is recomtnending that the City Council approve, as part of the Consent Agenda, Pay Request No. 8 for the Inwood Water Tower (No. 4) project. If removed from the consent agenda, the recommended motion for the action is as follows: "Mo ve to approve Pay Request No. 8 to CIMI, Inc. in the amount of $354,458.30 for the Inwood Niter Tower (No. 4)". ATTACHMENTS: 1. Partial Pay Estimate No. 8 � PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 8 /NmoonWATER TOWER NO. 4 PROJECT NO. 2015.130 PROJECT OWNER: CITY RFLAKE EUNO 3800LAVERmE AVENUE NORTH LAKE [Lx0O'MIN 5SO42 ATTN:JACK GRIFFIN, CITY ENGINEER No. CONTRACT CHANGE ORDER SUMMARY Approval Amount Date Additions Deductions l 5/3/20I6 $0-00 $0l0 2 9/20/2016 $8'744.00 $0,00 TOTALS $8'744.00 START DATE: SUBSTANTIAL COMPLETION: FINAL COMPLETION: v �� ENGINEERING, inc PERIOD OFESTIMATE � FROM 12/1/2016 TO 1/14/2017 [OmTR4[TOK� CB&|inc. 141V9S.ROUTE 59 Puu|NFI[LD\|L6O544 AlTN: Kx|CMAELAiL|5ON PAY ESTIMATE SUMMARY I.Original Contract Amount $2,395,000.00 Z.Net Change Order Sum $8,744.00 3,Revised Contract (l+Z) $2'403,744.00 4. *Work Completed $1'793'387.50 S.*Stored Materials 6.Subtotal (4+S) 7.Retainage~ 5.0% 8.Previous Payments 9.Amount Due (6'7'X) *Detailed Breakdown Attached CONTRACTTIME ORIGINAL DAYS 574 REVISED DAYS U nc^xx}m|mG ENGINEER'S CERTIFICATION: The undersigned certifies that the work has been reviewed and tothe best oftheir knowledge and belief, the quantities shown inthis estimate are correct and the work has been performed in accordance with the contract documents. ' CONTRACTOR'S CERTIFICATION: | The undersigned Contractor certifies that mthe best of their ` | knowledge, information and belief the work covered t*this payment � estimate has been completed inaccordance with the contract BY | documents, that all amounts have been paid hythe contractor for ! work for which previous payment estimates was issued and payments DATE received from the owner, and that current payment shown herein is now due. APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY z/1/2on DATE 292 CONTRACTOR 2/l/l7 � BY DATE DATE $O(0 $1,793,387.50 $8l669.]D $1,34825913 $354,458.30 ON SCHEDULE YES NO FOCUS Engineering, inc. PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO, 8 INWOOD WATER TOWER NO, 4 CITY OF LAKE ELMO, MINNESOTA PROJECT NO, 2015.130 ITEM DESCRIPTION 05 PAvIlEM DIVISION 1., SITE & UTILITY WORK 1 MOBILLZATION 2 ROCA cONSTRUCTION ENTRANCE 3 TRAFFIC CoNTR02 4 530GRA1)E 101A0ATI15N 5 GEOTEXTRE /ABM TYPE V 6 ORGANIC TOPs04 BORROW 7 SELECT GRANutAR BORROW a AGGREGATE SASE, CLA55 6 9 BIT WEARING COLIRBE (WEA.240$ 10 BIT NOU WEARING (OuRSB NOB ONER:0108) 11 TAcK COAT 12 B" cONCRETE APRON 13 4 cONCRETE wALK 14 CONNECT TO Ext5TING BVATERMAIN 13 6/ 01P wATER BAMN PtPE, ci 52 1$ IS" 1AP wATER MAIN PIPE, CL. 52 17 6" GATE, vALvE & BOY IS HYDRANT L9 DIP ATTINGS 20 PoLYETH/LE NE ENCASF/ANT 21 4 4' CATCH BAsiN wri H GRATING- 21 1.5" CL EAR BOCK 23 6$0400TILE 4,40R TypE 24 14" RCP STORM St WBR PIPE, 11 v 25 /A' APRON WPRASH GUARD 26 BANCB PLACED MP RAP, 41.14 27 GEOTTATILE BABRIC r(PE IV 28 PREASSEMBLE30 r Qua: 29 STRAW 80101.1 30 TEMPORARY SEEDING (MIX 22-114 WITH TYPE I NIULCI0 31 SEEDING (MIX 25,131 BOTH /IMBIBER& 080006266110) SUBTOTAL 060)060721 CON1 RACT UNIT QUANTITY UNIT PRICE ANTO UNT QUANTITY AMOUNT QUANTITY AMOUNT LS 1 516.000.00 516,00000 $0.00 1.00 514,000 00 EA 1 $3,822 00 53,82./00 $0.00 100 51,022 00 LS 1 5/,068 00 52,08300 50,00 0,50 51.01.300 CY 120 51000 $1.200 00 50 (10 60.00 5600.00 5') 200 56.00 51,200.00 50 10 0.00 00,00 . cv 100 520.00 $3,000 00 50.00 000 5000 CY ISO 516.00 02,40.0 U0 5000 0.00 $0.00 TON 1,250 522 00 927.500,00 50.00 0.00 5(1.00 TON 65 59900 $6,435.00 SO 00 0.00 50.00 TON ES 599,00 56.93500 50.00 0,00 50 (B0 GAL 35 510.00 5350 00 50.00 0.00 50 00 SF 350 52500 58, 75000 50.00 0.00 5000 SF 100 $10.00 $2.000.00 54,00 01711 50.00 EA 1 52,30000 57,300 00 10.00 0.00 50.00 LF 10 5 L:o.00 51, ion cO 50.00 000 50.00 LK 120 0140 00 516.80000 5000 0 00 5000 EA 1 51,49000 54.980.00 50.00 0.00 50 00 to 1 $4,804.00 04,96.400 $0.00 0,00 5000 La BOO 52.50 51,75000 50.110 0.00 00.00 Lf 140 52.00 02130.00 5000 0.00 50.011 EA 1 $2,618.00 52,618.00 50.00 0,00 00 00 Cv IA 5 7 6.00 $1,21600 50.0.0 000 50 00 Sy 30 16.00 913000 9000 0,00 5000 if 90 568.00 56.1E0.00 50 00 000 50 00 EA I 51,70000 51.700,00 50.00 0.00 50.00 11E 10 597.00 5.32000 50.110 0.00 $0.00 SY 37 53.00 5111.00 SUDO 0,00 50.00 10 SOO 52.25 91.125.00 5000 250.00 5562.50 IF 1,000 5200 52.000,00 5000 0.00 50.00 AC 1,5 94000 00 96.000,00 5000 0.00 5000 AC Is $3,500.00 $5,250,0 50.00 0.0t6 50,00 $137.474.00 50.00 $22,018.50 F 1 C S ENGINEERING, inc, THI5 PERIOD TO FAI ro DATE ONISION 2 . BilVATEL) STORAGE TAM; INSURANA E AND BONDS 15 1 $47,900.00 547,900.00 $0.00 100 $47,40000 2 ENGiNEERING & APPROVAL Es 1 5239,500.00 5E39,500.00 50 00 0 98 9E34;710.00 3 TANK MATE A1A(S 15 1 5316,100 00 5.316,10000 50.00 000 5316,100 00 4 TANA FABRICATION & Butp LS 1. 528/,700.00 5287,700.00 0.72 5207,144,00 0.9/ $279,069,00 FouNDATJONCONATRuCTION IS 3 54)3,400 00 5413,400 00 50.00 0.95 5392,73000 CoNCRE ER SHAFT CONslRuCTION Ls 1 $472.100 OD 5372,100.00 0.10 537,210.00 1.00 $372.100 Du 7 (ANN ERECTION ION GP,00N13) LS 1 $214,600 00 $214,600.00 0.60 5128,700.00 0,00 512 s.760.00 TANA PAN( A3N GROUND{ L5 1 $1.42,30000 S142,30006 50 00 0,00 $0.00 9 HOIST TANA ES 1 543.45000 $43,450 00 50.00 0.00 5000 10 TAM PANT 0/4 AIRI LS 2 $74,200.00 S74,200 00 50.00 0,00 50 00 II STEMLIZE AND TEST LS 1 S926 00 $526 00 $0.00 0 00 $0.00 12 ELECTRIcAl 4.5 1 589,80000 589,80E100 50.00 0.00 50 00 13 WATER TOWER CONTROL PANE!. AND PEEL1 LS 1 5IS.500.00 515.500.00 5000 0.00 90 CO 0UB107At - OtvistON 2 $2,257.526.00 5373.114,0U 91,7E1,359.06 805ALS... BASE 0074TRAC1 52,39543.00.06 $373,114.00 51.3933137.00 Tul AL CHANGE ORM- R 100.1 0 SO 00 SO 00 50.00 0,00 SO GO TOTAL CHANGE, ORDER NO 2 8 583.1.1 00 ss:/ai 00 $0 00 0.00 SO 00 TOTALS • REVISED CONTRACT $2,403,344.00 5473,114.00 51,793,387.50 -IAi i CIF' LAKE ELMO STAFF REPORT DATE: February 21, 2017 CONSENT ITEM #: 8 AGENDA ITEM: Private Development Projects — Approve Security Reductions for the Boulder Ponds 5th Street North Improvements and Village Preserve 2nd Addition SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Stephen Wensman, Planning Director Chad Isakson, Assistance City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve the security reductions for the Boulder Ponds 5th Street North Improvements and Village Preserve 2nd Addition? PROPOSAL DETAILS/ANALYSIS: Staff has received and processed a request to reduce the development security for the Boulder Ponds 5th Street N. Improvements and Village Preserve 2nd Addition. These requests have been reviewed and the following reductions are being recommended as follows: 1. Boulder Ponds 5th Street Imp.: 2. Village Preserve 2nd Addition: Current Security Amount S 848,691 $ 894,649 Proposed Security Amount $ 745,004 $ 431,488 Each development is at a various stage of completion and each reduction amount has been reviewed according to the extent of completion for each infrastructure component as detailed in the attached Security Reduction Worksheet. FISCAL IMPACT: It is the City's goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. With these reductions, the remaining security amounts held by the City remains sufficient to complete the remaining improvements. RECOMMENDATION: Staff is recommending that the City Council approve, as part q the Consent Agenda, the security reductions for the Boulder Ponds 5th Street North Improvements and Village Preserve 2nd Addition as detailed in this report and supporting documentation. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve security reductions for the Boulder Ponds 5th Street N. Improvements and Village Preserve 2nd Addition as detailed in their respective Security Reduction Worksheet." ATTACHMENTS: 1. Security Reduction Worksheet - Boulder Ponds 5th Street North. 2. Security Reduction Worksheet — Village Preserve 2nd Addition. BOULDER PONDS 5TH STREET NORTH Time of Performance: October 31, 2017 DEVELOPMENT AGREEMENT AMOUNTS _CATEGORY CONSTRUCTION 125% REMARKS Grading NA NA Included in Boulder Ponds 1st Addition $46,600 558,250 Sanitary Sewer Watermain 564,000 $80,000 Storm Sewer (w/pond structures) $97,300 $121,525 Streets $287,700 $359,625 Sidewalks/Trails Surface Water Facilities $71,000 $88,750 NA NA Street Lighting NA NA Street Signs and Traffic Control Signs $11,600 $14,500 Private Utilities (electricity, natural gas, telephone, and cable) NA landscaping $100,753 $125,941 Tree Preservation and Restoration NA NA Wetland Mitigation and Buffers NA NA Monuments NA NA Erosion Control NA NA Miscellaneous Facilities NA NA Record Drawings NA NA TOTALS $678,953 $848,691 #1 $43,688 $60,000 REDUCTIONS 112 #3 #4 #5 #6 RELEASED AMOuNTS: $103,688 50 $0 $0 $0 $0 CUMMULATIVE AMOUNTS: $103,688 SECURITY AMOUNT REMAINING: $745,004 DATE: 2/21/2017 VILLAGE PRESERVE 2ND ADDITION Time of Performance: October 31, 2016 DEVELOPMENT AGREEMENT AMOUNTS REDUCTIONS CATEGORY CONSTRUCTION 125% REMARKS $75,983 #1 #2 #3 #4 #5 #6 Grading $60,786 , Sanitary Sewer $60,734 $75918 $150,089 $56,938 Watermain $120,071 $112,567 Storm Sewer (w/pond structures) $41,671 $52,089 $26,044 Streets $219,972 $274,965 $137,483 Sidewalks/Trails $58,525 $73,156 Surface Water Facilities NA NA Street Lighting $36,000 $45,000 Street Signs and Traffic Control Signs $2,540 $3,175 Private Utilities (electricity, natural gas, telephone, and cable, Landscaping $26,745 $33,431 Tree Preservation and Restoration NA NA Wetland Mitigation and Buffers NA NA Mon$4,500 uments $5,625 Erosion Control $18,525 $23,156 Miscellaneous Facilities NA NA Record Drawings $2,500 $3,125 TOTALS $652,569 $815,712 RELEASED AMOUNTS: CUMMULATIVE AMOUNTS: SECURITY AMOUNT REMAINING: DATE: $333,032 $0 $0 $0 $0 $0 $333,032 $482,681 2/71/2017 I I II 111 L )1, K E ELM() STAFF REPORT DATE: FEBRUARY 21, 2017 CONSENT ITEM t#: 9 TO: City Council FROM: Emily Becker, Planner AGENDA ITEM: OP-ALT Zoning District Repeal REVIEWED BY: Stephen Wensman, Planning Director BACKGROUND: The City repealed the RAD-ALT Land Use Category in 2014, but the corresponding zoning district, OP-2 Open Space District, was not repealed and therefore still exists within the Zoning Code. ISSUE BEFORE THE COUNCIL:. The Council is being asked to adopt an ordinance repealing OP-ALT District from the Zoning Code. ANALYSIS:, The OP-ALT District is no longer required, as there currently are no properties zoned or guided for this land use. Planning Commission and Public Hearing A public hearing was held at the Planning Commission meeting on February 13, 2017. No one from the public hearing spoke during this meeting, and no comments were received prior to the meeting. The Planning Commission recommended approval of repealing this Section of the Zoning Code with an affirmative vote of 6-0. RECOMMENDATION: Staff and the Planning Commission recommend the Council, as part of tonight's consent agenda, adopt Ord. 08-169 repealing Section 154.700 - OP-ALT District from the Zoning Code. If removed from the consent agenda, the ordinance rnay be adopted with the following motion: ve to adopt Ord. 08-169, approving the repeal of Section 154.700- OP-ALT Distric the Zoning Code." ATTACHMENTS:. 1. Draft Ordinance 08-169 2. Section 154.700 3. Planning Commission Report 2-13-2017 ARTICLE XV - OP-ALT DISTRICT § 154.700 OP-2 - OPEN SPACE PRESERVATION OVERLAY DISTRICT. A. Putpose. The purpose ofthe Open Space Preservation Overlay District (OP-2) is to maintain the rural character of Lake Elmo by preserving agricultural land, woodlands, corridors, and other significant natural features while allowing residential development consistent with the goals and objectives of the city's Comprehensive Plan, This type of development will allow an alternative to large lot, single-family housing and will reduce the cost of constructing and maintaining public facilities and infrastructure. The OP-2 Overlay District allows for higher density development than is permitted under the OP District regulations at a density of up to 2 units per acre. In addition to single-family residences and townhouses, multi -family housing for seniors is permitted in this district. B. General Regulation. All regulations governing the OP Open Space Preservation District, §§ 150,175 through 150.189, shall also apply to properties zoned OP-2 Open Space Preservation Overlay District except as outlined in this section. C. Permitted Uses. Permitted uses and the general requirements of such in the OP-2 Overlay District shall be the same as in the OP District and also include the following: 1. Senior housing; 2. Farm schools for pre-school children and school -aged children; 3. Townhouses (no more than 50% in any development). D. Developnzent Standards. The development standards for the OP District shall also apply to properties zoned OP-2 Overlay District unless modified by 4/5 affirmative votes of the City Council and with the following exceptions: 1. All development within an OP-2 district shall only be permitted as a planned unit development. All requests for flexibility from the standards of this section shall be considered and documented as part of a request for a planned unit development. The minimum land area for an OP-2 conditional use permit is a nominal contiguous 20 acres. 3. Not less than 60% of h- preserved open space shall be in contiguous parcels of not less than 5 acres. 4. Buffer Zones. A 100-foot setback shall be provided between the property line of the abutting parcel and any structure and a 50-foot setback shall be provided between the property line and any driving surface within an OP-2 development. 5, Densities. The maximum dwelling unit density shall be 2 units per gross acres of buildable land. 6. Domestic Farm Animals. The keeping of domestic farm animals related TO an agricultural use or fami-based preschool within a development shall comply with all applicable city and MPCA requirements related to livestock and other domestic farm animals. XV - 7. Minimum District Requirement. The minimum district requirements in the OP-2 Overlay District shall be the same as in the OP zoning district except as noted below: 10P-2 Overlay District Maxirnum Building Height: Primary Structure Accessory Structure Minimum Lot Width V7. acre lot; 1 acre lot Maximum Impervious Surface Coverage: Calculated on a development -wide basis S'enior Housing Buildings Farm -based Preschool 2 stories or 35 feet 25 feet NA 35 feet 25 feet NA 25% 25% Minimum Setback Requirements: Front Yard 20 feet 30 feet Side Yard 10 feet 10 feet Corner Lot Front 20 feet 30 feet Corner Lot Side Yard 20 feet 30 feet Well from Septic Tank 50 feet 50 feet Minimum Lot Size; Individual Well and Septic System NA NA Individual Well and Communal Drainfield 6.000 square feet per unit NA (Ord. 08-025, passed 6-1-2010) XV - STAFF REPORT DATE: FEB RU ARY 13, 2017 PUBLIC HEARING ITEM #: 4c (CAsE #2017-04) MOTION TO: Planning Commission FROM: Emily Becker, Planner AGENDA ITEM: OP-ALT Zoning District Repeal REVIEWED BY: Stephen Wellman, Planning Director BACKGROUND: RAD-ALT Land Use Category Created. In 2010, the City adopted a new Comprehensive Plan Land Use Category called Rural Area Development — Alternate (RAD-ALT). This land use category: • Allowed Open Space Preservation development of up to two (2) dwelling units per buildable acre. • Permitted uses included single family residences, townhouses, and multi -family housing for seniors. Corresponding District Created. A new district was also created called OP-2 Open Space Preservation Overlay District to the City Code. RAD-ALT Land Use Category Repealed. In 2014, the RAD-ALT Land Use designation was repealed and all areas previously guided for this Land Use designation were re -guided to RAD-Rural Area Development. Corresponding District Still Exists. OP-2 Open Space District still exists within the Zoning Code, as there has been no ordinance adopted that repealed it. ISSUE BEFORE THE COMMISSION: The Planning Commission is being asked to hold a public hearing and make recommendation on repealing Article XV — OP-ALT District from the Zoning Code. ANALYSIS: No Corresponding Land Use Category. The Land Use Category to which the OP-2 zoning district corresponds no longer exists. Density. The Comprehensive Plan clearly states that Open Space development shall occur at a density of up to 0.45 units per buildable acre, yet the OP-ALT district states that density of up to 2 units per acre is allowed. Permitted Uses. The OP-ALT district allows all uses permitted within the OP district and also includes senior housing, farm schools for small children, and townhouses (up to 50% of development). General Regulations and Requirements. The OP-ALT district states that all general regulations and requirements of the OP district must be met. Development Standards. PUBLIC HEARING ITEM 4c 2 • Must be developed as a Planned Unit Development (PUD). • Minimum acreage for development is 20 acres. • 60% of open space must be in contiguous parcels of 5 acres. • Buffers from Abutting Property Lines: 100 feet for structures and 50 feet for driving surface. • Most setback standards are the same as OP standards except for: o Sideyard setbacks are 10 feet (OP is 15 feet). o Corner Lot Front Yard setbacks are 20 feet for senior housing(OP is 30 feet). RECOMMENDATION: Staff is recommending the Planning Commission recommend approval of repealing Article XV — OP- ALT District from the Zoning Code: "Move to recommend approval of repealing Article XV — OP-ALT Distrktfrom the Zoning Code." ATTACHMENTS: I. Draft Ordinance 08- 2. 2014 Comprehensive Plan Amendment Removing OP-ALT ORDER OF BUSINESS: Introduction................ ..... ....... ...... ............. .......... Planning Staff Report by Staff ...... ..... ........ ....... ....... Planning Staff Questions from the Commission............... ...... Chair & Commission Members Open the Opportunity for Public to Speak..................................................Chair Close the Opportunity for Public to Speak ...... ......... ......... ...... .....Chair Discussion by the Commission......... .............. Chair & Commission Members Action by the Cornmission....... .......... ....... ..... Chair & Commission Members PUBLIC HEARING ITEM 4c — ACTION ITEM Planning Commission Draft 2/13/17 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE TO REPEAL SECTION 154.700 - OP-ALT DISTRICT FROM THE ZONING CODE SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; by repealing Section 154.700: OP-2- Open Space Preservation Overlay District. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Article IX: Rural Districts; Table 9-1: Permitted and Conditional Uses, Rural Districts by repealing Op -Alt Development as a Conditional Use within the Rural Districts. SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 4. Adoption Date. This Ordinance 08- was adopted on this day of 2017, by a vote of Ayes and Nays. LAKE ELMO CITY COUNCIL Mike Pearson, Mayor A I 1 EST: Julie Johnson, City Clerk Planning Commission Draft 2/I3/I7 This Ordinance 08- was pubtished on the day of , 2017. 2 Lake Elmo Comprehensive Plan Chapter Ifl — Land Use Plan This section of the Land Use chapter establishes the City's official land use categories and the official Future Land Use Map. The map assigns planned land use types toall parcels within the community to guide current and future planning and development through the year ZO3O,and is the official land use designation map for the City. The assigned land use designations are intended toshape the character, type and density of future development according to sound planning principles, Any new development, redevelopment, change in land use or change in zoning is required to be consistent with the official land use guidance for each parcel. The official land use plan categories are as follows: RUQALAREADEVEbDPyWENT—This category represents the large areas ofrural residential development within the City. Common uses found in these areas include working farms, alternative agricultural uses asdefined byCity Code, and rural single family detached residences. Development inthese areas requires lO+ acres, or conditional use permit to authorize a cluster development meeting the Oty's Open Space Preservation regulations. Densities are allowed upto0.4Sdwelling units per buildable acre when planned aspart ofanOpen Space Preservation development. Nonew areas ufrural area development are being established by the official land use plan. [Corresponding Zoning Disth/t(s): A' RR,OP] 4)oejscs in atarepermi! nfaP�JDo |xand tokv,)ho"aes,rno!iiizn�!y RESIDENTIAL ESTATE — This category defines areas developed specifically for large lot single family detached housing typically onZ+acres ofland, Nonew areas ofresidential estate are being established by the official land use plan. (Corresponding Zoning Di»tr|ct(s): RE] RURAL SINGLE FAMILY —This category defines a large portion of the City that was historically platted for conventional subdivision prior to 2005, but has been and will continue to be serviced by private on -site well and septic systems. Limited locations within this classification are allowed tohave two-family dwellings based on zoning. [Corresponding Zoning District(s): R-1, R-21 URBAN LOW DENSITY — The Urban Low Density land use category is intended primarily for single-family detached housing serviced bypublic sewer and water. This category allows net residential densities from two and one-half (l5)tofour (4)units per acre. Significant new areas ofurban low density are guided both within the Old Village and along 1-94. [Corresponding Zoning District: LDRI URBAN MEDIUM DENSITY —The Urban Medium Density land use category allows net residential densities from four and one-half (4.5) to seven (7) units per acre; with greater densities only allowed if deemed appropriate and approved through the PUD process and that meet incentives for density bonus U|-8 Lake Elmo Comprehensive Plan Residential Density timils/acre Land Use Min R If S I D If A' T / A /.. Rural Arca Development Rttnit-A-r-e-o Des‘,A-1,!r Residential Estates Rural Single Family Urban Low Density Urban Medium Density Urban nigh Density Village Urban Low Density Village Urban Medium 3.0 Density n/a 0.66 2.5 4.5 7.5 1.5 C.` 0 IV M if RCIA .L 0,1 2..4y 0.4 2.0 4 7 15 2.5 4.0 "..xisting Lam Use (icrcs) ityx‘ide (11illtiee)/ 7094.24 0.416 771.26 1665.92 0.00 176.08 0.00 0.00 0.00 Business Park 7.5 15 120.65 Commercial 4.5 7 99.86 Limited 111.41 66.16 100.09 Business Village Mixed 16 0 0.0 0.00 Use 1C/SIf311 PI/IILIC/opifiV S ' C Public/Park -1 - 3298.94 3352.24 312,27 Greenbelt 0.00 20.66 Corridor4 Road ROWs - 890.93 N D If / if L 0 P If D. Open Water - I 1 1355.29 I 1355.29 1355.29 I 1355.29 1355.29 1355,29 1 51157.41,1,5Z! 13.24 793.71 1666.41 49639 390.49 157.67 216.211 113.70 Chapter 1117 Land Use Plan Planned Land Use Changes (anticipated acreages in 5 .'ear increments)" 20(5 o 2(121) to 2025 to 2020 2025 2030 14 )47L6', 776.87 1666.04 124.10 229.68 39.42 54.05 28.43 4445444: e',2;43„74 782.49 1666.16 248.20 283.29 78.84 108.10 53:344-.34 535'N.45, 788.10 1666.28 372.29 336.89 118.25 162.15 5455-17-442 .3.24 793.71 1666.41 496.39 390.49 157.67 116.20 56.85 85.28 113.70 Change (acres) 22.45 0.49 496.39 214.41 157.67 216.20 113.70 225.17 277.43 329.69 209.04 154.10 181.22 208.33 108.47 88.78 77,47 66,16 -45.25 8/.20 123.30 164.40 164.40 3338 92 3352 24 53.3 62 01 82.67 82.67 890.93 890.93 0.0 329.69 172.91 21)8.33 126.9S 164.40 41.10 82.67 890.9,3 325.59 41.34 890.93 1 890.93 0.0 TOTALS: - - I 15,584.58 I 15,584.58 [5.584.55 1 15,554,55 15,584.551 15_584.55 0.0 1 Residential uses 7511 in the "Business Park" and -Commercialland use designations can only °co- in areas specifically designated fOr mixed IfSe ort the planned land use map It is t-ecogni7ed that both park and road RO 1' areas will expand as nest' development occurs, but such acreage is accounted for in the respective development land use types as- such land areas must contribute towards required development densities. 3 The staging plan for future delvlopmera isfluid and will allow development to occur as market conditions dictate. Because ()Phis, specific timiug_for development of any specific land use category is not possible. For the purposes of this table, the anticipated acreage changes are incrementally broken dmvn into f(mperiods (Ohne showing a consistent rate olchunge between now and 2030. 'I The acreage oldie greenbelt corridor areas, which are portions of the Village Open Space Overlay, that are adjacent to urban zoning districts were calculated to account -for the remaining acreage in the Village. The other portions of the 1-Whig(' Open Space Overlay are accounted Jar through the base laud use guichuice (i.e. Rural Area Development or Rural Single Family). CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2014-109 RESOLUTION APPROVING AN AMENDMENT TO THE CITY OF LAKE ELMO COMPREIIENSIVE PLAN WHEREAS, the City of Lake Elmo has established a Comprehensive Plan that provides a compilation of background data, policy statements, standards, and maps, which help to guide the future physical, social, and economic development of the City; and WHEREAS, The City Council of the City of Lake Elmo ("City") has directed the Lake Elmo Planning Commission to consider an amendment the Lake Elmo Comprehensive Plan that would change the future land use designation of property located at 9434 Stillwater Boulevard North from RAD-ALT to RAD, a description of which is on file in the Community Development Department; and WHEREAS, the City previously amended the Comprehensive Plan for the subject property on June 1, 2010 to allow for an increase in density on the site in conjunction with a proposed development that is no longer valid; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on January 13, 2014 to consider said Comprehensive Plan amendment; and WHEREAS, on January 13, 2014 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve said Comprehensive Plan amendment; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the proposed amendment to the Comprehensive Plan at a meeting on January 21, 2014; and. NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the Planning Commission has reviewed said Comprehensive Plan Amendment in accordance with the procedures as established by the Lake Elmo Planning Department and Lake Elmo Planning Commission. 2) That the Planning Commission conducted a public hearing on January 13, 2014 consistent with these procedures. 3) That the proposed amendment is to is to revise the Future Land Use Map (Map 3-3 in Chapter lET — Land Use Plan) in the Lake Elmo Comprehensive Plan, and to specifically change the future land use designation a parcel of land commonly known as 9434 Stillwater Boulevard North (P1D 15.029.21.31.0001) from RAD-ALT Rural Area Development Alternate Density to RAD Rural Area Development. 4) That the Comprehensive Plan Amendment will apply to property legalty described in the attached Exhibit "A". 5) That there have been no changes in circumstances since the Land Use Section of the Comprehensive Plan was updated in 2006 that warrant revisions to increase or transfer density to the subject site. 6) That higher density residential development is encouraged in areas that will be served by public sanitary sewer where the provision of these services is more cost-effective and where the City will receive credit towards the REC unit counts mandated under its Memorandum of Understanding with the Metropolitan Council. 7) That the Housing Chapter of the Comprehensive Plan specifically states that any future senior -specific housing in Lake Elmo will be best accommodated within the Old Village Area due to proximity to goods, services, and public facilities. 8) That the subject site does not demonstrate any characteristics that are substantially different from other areas guided for RAD development in the City of Lake Elmo or that would indicate that higher density development is more appropriate in this area than any other site within the City. 9) That the City is has recently adopted major Comprehensive Plan amendment related to development in the Old Village Area and the 1-94 corridor. Given the current market conditions, the City encourages higher density development in areas that would help off -set the significant infrastructure costs required to serve these areas. 10) That higher density housing is not consistent with the City's stated goals to preserve and enhance its rural character, especially when planned in areas that are guided for Rural Agricultural Density. 11) That build -out of existing empty lots in platted and developed OP developments is encouraged over the creation of new development and service areas in the community 12) That new access that would be needed to support development on the subject site does not conform to the City's Transportation Plan that encourages limited access to major collector roads and is inconsistent with the City's access spacing guidelines. 13) That the 2010 Comprehensive Plan Amendment was designed to accommodate a specific development proposal which no longer exists. 14 That recent Met Council projections of population and household growth indicate less overall population growth than was expected in 2010. 15) That the support of local neighbors for the 2010 development proposal was based on a misunderstanding of the details of the proposal. The 2010 Planning Comrnission recommendation was significantly driven by the support of neighbors, which support no longer exists. 16) That the Planning Commission and City Council have become more educated and experienced in considering higher density development. Such development should not be considered for land not guided for sewer before 2030. 17) That the 2010 action could be considered spot zoning based on later information and training received by the Planning Commission. NOW, THEREFORE, BE IT RESOLVED, that based on the foregoing, the Lake Elmo City Council hereby approves the Comprehensive Plan amendment, subject to and contingent upon the following: 1) Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the receipt of formal notification from the Metropolitan Council that its review has been completed and approved. Passed and duly adopted this 21' day ofJanuary 2104 by the City Council of the City of Lake Elmo, Minnesota, Mike Pearson, Mayor ATTEST: Adam Bell, City Clerk Exhibit "A" PT OF SW 1/4 OF SD SEC 15 LYING NLY OF NLY R/W OF RR DESC AS FOLL: COM AT NELY COR SD SW1/4 THN S00DEG51'44"E BRG ORIENTED TO WACO SYS ALG ELY LN SD S W 1 /4 DIST 1067.20FT THN S89DEG 13' 16"W DIST 289.50FT THN S48DEG 14' 16"W ALG A LN HEREINAFTER REFERRED AS LN "A" DIST 36.58FT TO PT HEREINAFTER REFERRED AS PT "C" THN S05DEG16'16"W ALG A LN HEREINAFTER REFERRED AS LN "B" DIST 194.90FT M/L TO PT OF INTER WITH NLY R/W LN OF HWY 5 AKA STILLWATER BLVD N SD PT OF INTER BEING THE POB THN N05DEG16'16"E ALG SD LN "B" DIST 194.90FT M/L TO BEFORE DESC PT "C" THN N48DEG 14' 16"E ALG SD LN "A" DIST 35.69FT M/L TO INTER WITH SLY LN OF N 1067.20FT OF SD SW1/4 THN S89DEG0621 "W ALG SD SLY LN DIST 24.33FT M/L TO WLY LN OF E 314.50FT OF SD SW1/4 THN NOODEG51'44"W ALG SD WLY LN DIST 106720FT M/L TO NLY LN OF SD SW1/4 THN S89DEGO6'21"W ALG SD NLY LN DIST 995.27FT M/L TO ELY LN OF W 1312.FT OF SD SW 1/4 THN SOODEG4124"E ALG SD ELY LN DIST 460.FT M/L TO SLY LN OF N 460.FT OF SD SWI /4 THN S89DEGO6'21"W ALG SD SLY LN DIST 404.01 FT M/L TO DESC ELY LN OF FRIEDRICH HGTS PLAT THN SOODEG41'24"E ALG SD ELY LN DIST 141.48FT THN S8ODEG54136"W ALG SLY LN SD PLAT DIST 59.61 FT THN SOODEG4I'24"E ALG SD ELY LN SD PLAT DIST 66.FT THN N80DEG54"36"E ALG SD NLY LN SD PLAT DIST 164.77FT THN SOODEG41'24"E ALG SD ELY LN SD PLAT DIST 5.07FT M/L TO INTER WITH LN DRAWN PARL WITH SD NLY LN OF SWI/4 & EXT WLY FROM IPM ON WLY LN OF E1/2 SD SW1/4 SD WLY LN HAVING BRG OF SOODEG46'34"E SD IPM DIST 657.56FT SLY FROM NWLY COR OF SD E1/2-SW1/4 THN N89DEG06'21"E ALG SD PARL LN DIST 299.85FT M/L TO SD IPM THN N89DEG24'43"E ALG NLY LN TRACT DESC IN DOC #714370 & ALG NLY LN OF PARCEL DESC IN DOC #3408380 DIST 309.19FT MIL TO IPM AT THE NELY COR THEREOF THN SO1DEG00'08"E ALG ELY LN SD PARCEL DESC IN DOC #3408380 DIST 386.67FT M/L TO INTER WITH A LN HERINAFTER REFERRED AS LN "C" DRAWN AT RT ANG & ELY FROM A PT IN SD WLY LN OF EI/2-SWI/4 SD PT BEING HERINAFTER REFERRED AS PT "A" SD PT ALSO DIST 1 18.20FT NLY AS MEAS ALG SD WLY LN OF El THE (IT1' LA K E ELMO STAFF REPORT DATE: February 21, 2017 CONSENT ITEM #: 10 AGENDA ITEM: Maintenance Advisory Committee Appointments SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: As was discussed at the last meeting, staff is presenting the applications for the Maintenance Advisory Committee. ISSUE BEFORE COUNCIL: Who should the Council appoint to the Maintenance Advisory Committee? PROPOSAL: Council inembers were emailed copies of the application materials from the following: Dave Moore Dan Larson Richie Springborn FISCAL IMPACT: NA OPTIONS: 1) Appoint Dave Moore, Dan Larson, and Richie Springborn to the MAC 2) Appoint other members to the MAC 3) Do not make any appointments to the MAC RECOMMENDATION: "Motion to appoint Dave Moore, Dan Larson and Richie Springborn to the MAC" ATTACHMENTS: • None T1 1 F. (_1-11" LAKE ELMO STAFF REPORT DATE: February 21, 2017 CONSENT ITEM #: 11 AGENDA ITEM: Public Safety Committee Appointments SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND:, As was discussed at the last meeting, staff is presenting the applications for the Public Safety Committee. ISSUEREFORE COUNCIL: Who should the Council appoint to the Public Safety Committee? pROPOSAL: Council members were mailed copies of the application materials from the following: Dave Moore Cullen Case Jr Lisa McGinn FISCAL IMPACT: NA OPTIONS: 1) Appoint Dave Moore, Cullen Case Jr, and Lisa McGinn to the Public Safety Committee 2) Appoint other members to the Public Safety Committee 3) Do not make any appointments to the Public Safety Committee RECOMMENDATION: "Motion to appoint Dave Moore, Cullen Cttse Jr, and Lisa McGinn to the Public Safety Committee" ATTACIIMENTS: • None TI1F C1TNOF LAKE ELMO STAFF REPORT DATE: February 21, 2017 CONSENT ITEM AGENDA ITEM: Human Resources Committee Appointments SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: As was discussed at the last meeting, staff is presenti Committee. e applications for the Human Resources ISSUE BEFORE COUNCIL: Who should the Council appoint to the Human Resources Committee? PROPOSAL: Council members were emailed copies of the application materials from the following: Mike Reeves John Andrews Teresa Berry FISCAL IMPACT: NA OPTIONS: 1) Appoint Mike Reeves, John Andrews, and Teresa Beny to the Human Resources Committee 2) Appoint other members to the Human Resources Committee 3) Do not make any appointments to the Human Resources Committee RECOMMENDATION: "Motion to appoint Mike Reeves, John Andrews, and Teresa Berry to the Human Resources Committee" ATTACHMENTS: • None TIJE CIT1' (.)1; I A.K E ELM() STAFF REPORT DATE: 2/21/2017 REGULAR ITEM #: 1 TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: City's Shoreland Management Overlay District Ordinance Amendment REVIEWED BY: Stephen Wellman, Planning Director BACKGROUND: At its 2/7/2017 meeting, the Council tabled discussion of proposed Shoreland Management Overlay District Ordinance amendments. These amendments were proposed in order to bring the City's Shoreland Management Overlay District Ordinance in to compliance with standards set forth by Minnesota Administrative Rules, Chapter 6120: Shoreland and Floodplain Management. Minnesota Rules Part 6120.2300 requires Minnesota cities designated by the commissioner in consultation with the appropriate county adopt land use controls that are in compliance with this Chapter. ISSUE BEFORE COUNCIL;. The Council is respectfully requested to consider the Minnesota Department of Natural Resources (MNDNR)-approved amendments to Section 154.800: Shoreland Management Overlay District of the Zoning Code. PROPOSAL DETAILS/kNALYSIS: Since its last meeting, Staff has received communication indicating the following concerns with the proposed amendments: • Proposed amendment to Table 17-3: Shorelancl StwulwcLs, which requires a minimum structure setback for sewered properties within the shoreland district of Natural Environment lakes of 150 feet (the current ordinance requires a 100 foot structure setback on such properties). o Staff has been in contact with the MNDNR asking for flexibility from this standard, and the MNDNR indicated that this is not a standard they are willing to allow flexibility on, as structure setback standards are one of the most important standards in the rules. The MNDNR will look at individual applications for variances, PUDs, etc. that request flexibility from this standard and provide comment. If a decision is made that the MNDNR considers to be an egregious violation of the standards, the MNDNR may appeal that decision. This email communication is attached for reference. o While there are a number of legal nonconforming homes within the City that currently do not meet this required setback, the goal of the ordinance amendment City Council Meeting 2/21/2017 Regular Agenda Item is to set forth these standards in order to further protect the more sensitive Natural Environment lakes. ATo,ico,iforniities anzendment. o The proposed language on nonconfonnities was changed to align with Minnesota Statutes, Section 462.357 Subd, le, which states that a legal nonconformity within a shoreland may continue but must not be expanded. • This would not allow a structure or part thereof that does not currently meet the required setback from the OHW to expand or intensify in use. o The purpose of this amendment is again to protect the water bodies from further potentially negative effects caused by intensification °fuse within the required setback. FISCAL IMPACT: None. OPTIONS: The Council may: • Approve the ordinance amendment as proposed. Make changes to and approve the ordinance amendment (this may result in the MNDNR retracting their approval and possibly taking further action). Deny the ordinance amendment. RECOMMENDATION: Staff, the MNDNR, and the Planning Commission recommend that the Council approve the proposed ordinance amendment to the City's Shoreland Management Overlay District Ordinance. "Move to approve Ord. 08-166 amending Section 154.800: Shoreland Management Overlay District of the Zoning Code." In addition, Staff recommends that the City Council authorize summary publication of the approved ordinance through the following resolution: "Move to adopt Resolution 2017-012 authorizing summary publication of Ordinance 08-166" ATTACHMENTS: Email dated 2/13/2017 from MNDNR regarding structure setbacks 2/7/2017 Council Meeting Item #12: Shoreland Ordinance Packet 2 From: 5orenspn Jenifer DNR To: Emily Becker Cc Petrik Daniel (DNR(; Stephen Wensman Subject: RE: Shoreland Ordinance Amendment Update Date: Monday, February 13, 2017 11:59:35 AM Emihf ''.f.;0--ttee HHHai i,keff 000.ify f,h1„Httike HafhAri, of 150 fkaaf. for both sewered J.Ind unsewred Na0H0H ;.',./IcHilrikff,Ht (NE) 1,if;f0f,. ffik Likes arf:f faskkeriafily skf,nsil Hie waHH 0odicithey at tyniCaliv yo„, ,ind mot f.-2 wetland in ftiafakter th,-,In Recreational DP\felonrnfnt (RD) and (Jenerfa( Lf-H0ei00-00kft (HD) Lk1, which are iffHpfef and deeper. Having a gl eater 'setback on an NE lake ,.:,-wows 100 width ol ftw hre impact wow f,,ff,Q, to faHo `pH fghaafkar (0i-0e tli 515 0 H 100 stinctur set:bad). Lake I-Ifooffh:ro{a 00( MNE)NR wili be evie\iving 0o ordinanf:e against ti-02 !Hay:Hs HkHrekaid Handfrlids, 11-14.p ec1ator b IV1NDNP, is that the sPtback foi both se0A/Hred and untfeHvereil ot ofi NE lOwoNA,111 be 1 50 .feet. MNDNR vW no approve f!exik,)iiity to this standard unckff Inc ordinanc.e baf.fHe sfruct,cire setback staificiards are oi ie of the ifriosl in)portant s0,-Inclarns10rue ruie,f,„ for ,reefilield de0p.2Ioprnent. on,wf, c,idinaw.fe .1,, adopted, kilf,11,..)Nif'; vvill continue to Hari -In. -lent on applikafions frcn variances„, 1-)Uff"H„ Off's, Ot apiis, platc,, and subdivkjons within the shoreland disti ict. If an application is made for fi,:ifiancif- 0 rhe OHIW ,kftback thiough a vatOnce for ari inciividuai lot or during negoriarions foi a P1JD, IVCHIDNR will cominent cn the anpiication, MNDNI; will look al fa-.1cli request ii-Hfivickicilkw but it MNUNR conskieis rhe deviation frow the to be an egregious violation of thea1c sliorfaland rules kvINDNF-f may anpedi ffle dacraon.Thc strucahre s18ndard 0ui0 of tho ickwo(ifanf skff,kidarcis in the H,ffles fakDrig with lot size and vegetation standxds). fHpecif,31lv f.01. F,,reef-JiHki clevolH[fit. kcHnorniif hardship is nof 1 r 000 to grant a var0luch. Jen Jenifer Sorensen East Metro Area Hydrologist (Ramsey and Washington Counties) Division of Ecologica and Water Resources Minnesota Department of Natural Resources 1200 Warner Road St Paul, MN 55106 Phone: 651-259-5754 Email: From: Emily Becker [mailto:EBecker@lakeelmo:org] Sent: Wednesday, February 08, 2017 2:50 PM To: Sorensen, Jenifer (DNR) <jenifer.sorensen@state.mn.us> Subject: Shoreland Ordinance Amendment Update Vvard.ed ,=CACOA, Up With ;:in enTati. vv:Irite‘...i plovicie you with LIOCiate iJurine, sht)reLin(71 consicle..Tec.i. itc,n1 unsure it' Uhr.:?re:: ior thrs. (k) knty,,A1 (-,ne point tttiii itp ciftittrspiitii .11rIlencirner,t in!::ceasc,H, stt ipe.ture ,,erb,:lck cm a c),T,It-irai fronl ICJO ft to1 fot sewei'eti lots. 1V1Y .4estiOr, Can/Hovi c deo edsing Crik serbacle. 100 tt in the 1.0- rlegotiate decre:J3sing t-1-1.!s setr.rick,tli 1 F xibli4? \A/ut_Od Itle to rtring this optionIFtnre Is an v) badc thP• ne,xtnj 1 rieeting on Feb; L;Firy possible. Th.?rik v0uv 1advDnce RC(•kti'l cit\ 0-1\ 41-;tL: 17-,1! 12 c'1),C,(Itstfillke(..11110A )11_ 'II IF CITY ()I' LAKE ELMO STAFF REPORT DATE: 2/7/2017 REGULAR ITEM #: 13 TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: City's Shoreland Management Overlay District Ordinance Amendment REVIEWED BY: Stephen Wensman, Planning Director BACKGROUND: The City amended its Shoreland Ordinance in 2014 by adoption of Ordinance 08-111. These amendments were significant and did not receive required approval from the Minnesota Department of Natural Resources (MNDNR). The Planning Department has been working with the MNDNR to make amendments to the City's Shoreland Management Overlay District Ordinance to bring the ordinance in to compliance with shoreland regulations of the state, as set forth in Minnesota Rules Part 61.20.2800, in order to obtain required approval from the MNDNR. The MNDNR provided conditional approval of the amended ordinance in December of 2016. ISSUE BEFORE COUNCIL: The Council is respectfully requested to consider recommended amendments to Section 154.800: Shoreland Management Overlay District of the Zoning Code, PROPOSAL DETAILS/ANALYSIS: In summary, the reconunended amendments include the following: • Definitions are removed, as these definitions are already in Chapter 11 of the zoning code. • Three water bodies are removed from the Shoreland Classifications table, removing them from the Shoreland Management Overlay District. A map of these waterbodies is attached to this report. o These do not have MNDNR shoreland classification and therefore are not required to be included in the City's Shoreland Ordinance. These three water bodies were not included in the City's 1993 Shoreland. Ordinance but were added in during the 2014 Shoreland Ordinance amendment, as Staff at the time included all waterbodies that were on MNDNR lakefinder and/or public waters inventory data, rather than only including those that received MNDNR shoreland classification. o MNDNR and VBWD Responses. While working with the MNDNR to amend its Shoreland Management Overlay District ordinance, the Shoreland Classification Table was discussed. The MNDNR recommended adding one waterbody and removing four. Both the MNDNR and Valley Branch Watershed District (VBWD) were contacted regarding the removal of four waterbodies, and their exact responses can be viewed in the attached emails. City Council Meeting 2/7/2017 Regular Agenda Item o Summary of MNDNR Response: Recommended removing four water bodies from the Shoreland Classification table (DNR ID#s 82041900, 82031300, 82041700, 82041400, 82019a, and 82016a) and adding one water body (DNR ID# 82010500). o Summary of VBWD Response: Developments stili need to conform to VBWD buffer and minimum floor elevation standards, so this in and of itself may adequately protect these shorelands. MNDNR ID#82041700 is part of a somewhat natural greenway connection between Horseshoe Lake and Lake Elmo, which is part of a larger somewhat connected greenway from the St. Croix, up Afton along Valley Creek, up Raleigh Creek and Sunfish Lake to the Tri- Lakes and Long Lake and eventually to White Bear Lake. Ber.schen's Pond was added to the Shoreland Classifications table. o This water body has a MNDNR shoreland classification and therefore should be included. Forest land conversion was added as a conditional use to Table 17-2, with standards outlined in MN Rules Chapter 6120.3300 Subp. 8 included in Subd. (C) (8). Changes were made to the Shoreland Standards Table 17-3 to bring standards in to compliance with the MNDNR shoreland standards. o Reference to riparian dedication is deleted. • This was an amendment made during the 2014 shoreland ordinance amendment and not approved by the MNDNR. o Setbacks from ROW and roads are outlined. o Certain lot width and size 111ini11111711 standards were amended according to MNDNR standards. o Standards for triplexes and quads were added. o Minimum lot width standards for unsewered lots and non -riparian lots were added. o Impervious surface standards were kept. • It should be noted that the MNDNR approved an increase in maximum impervious standards within sewered shoreland areas (30% rather than 25%) in exchange for a lower impervious standards for unsewered shoreland areas (15% as opposed to 20%). o Maximum struclure height was added. • It should be noted that the MNDNR approved an increase in maximum building height (35 feet as opposed to the standard of 25 feet) for a decrease to Planned Unit Development (PUD) flexibility (20%, which is lower than MNDNR standard but is aligned with the City's PUD ordinance). o Standards for lots intended as controlled access to public waters or recreation areas for use by owners of nonriparian lots within subdivisions was added. • These standards were taken from the MNDNR Model Shoreland Ordinance. Restrictions on roads, driveways and parking area, as well as steep slopes, were added, pursuant to requirements set forth by Minnesota Rules Part 6120.2800. Language was added to the Subdivision Standards subpart: o Prohibiting lots that require the use of holding tanks. o Added standards set forth in MN rules for duplexes, triplexes, and quads. The Sand and Gravel Extraction Subdivision was eliminated, as extraction is not a permitted use within the shoreland district. PUD standards for PUDs within the shoreland were added, as requested by the MNDNR. o Requirement to hook up to public sewer or C07111171117ily septic. The requirement that PUDs be connected to public water supply and sewer systems was kept, but language 2 City Council Meeting 2/7/2017 Regular Agenda Item is also added that specifies that hen sewer is not available, individual septic systems are not allowed, and a community septic system is required. o Open Space Preserved in Perpetuity. Language from the 2014 City -approved Shoreland ordinance was kept, requiring the developer/owner to provide for the preservation and maintenance in perpetuity of open space and continuation of the development as a community. o Open Space Calculations — What May and May Not be Included. Since the Planning Commission meeting, language was added that allows for wetlands and public waters without shoreland classification to be included in open space calculations and clarifies that public waters and wetlands cannot be included as open space. This was in response to a question from a resident that arose on whether or not this could be included, and the previous language did not clarify this. Staff consulted the MNDNR, who explained that land below the Ordinary High Water Level of public waters cannot be included, and so Staff recommends that this language be included for clarification. Non-Conlbonities. The non -conformities section was revised to align more closely with State Statute requirements for nonconformities. Surface Water -Oriented Uses. Standards for surface water -oriented uses were added as recommended by the MNDNR. Language from the MNDNR Model Shoreland Ordinance was used. Achninistration Section. The administration section was updated to more closely align with Minnesota Rules. The MNDNR has reviewed the ordinance and has given approval of the ordinance contingent upon adoption of the ordinance with recommended edits. After the Planning Commission has made recommendation and Council has approved any amendments to the Shoreland Ordinance, Staff will send the ordinance to the MNDNR for final approval. FISCAL IMPACT: None. OPTIONS:. The Council may: • Approve the recommended ordinance amendment. • Make changes to and approve the ordinance amendment. • Deny the recommended ordinance amendment. PLANNING COMMISSION/PUBLIC HEARING: A public hearing was held on the proposed amendment on January 9, 2017 at the Planning Commission meeting. Comments from the public included the following: • Terry Emerson, 11678 20th St N, concern about: • Involving the MNDNR in approval processes of variances, conditional use permits, etc. • Requirement of a variance for additions or expansions to nonconforming structure. • Logic behind adding Berschen's Pond in the Shoreland Classification Table. • Requiring the same setback from Ordinary High Water Level from a Natural Environment water body in sewered areas as are required in non-sewered. areas. • The proposed amendment was recommended by an affirmative vote of 5-0. City Council Meeting 2/7/2017 Regular Agenda Item Ann Buchek, 2301 Legion Ave, questions about: • If there is an open space requirement when developments meet lot area and size requirements. • Maintenance responsibility for open space. • Whether 50% open space requirement was per shoreland within a development or per the entire development within the shoreland. An email from John liodler requesting that Goetschel be retained in the Shoreland Classifications Table was read. The Planning Commission recommended making the following two changes, which have been amended in the attached, proposed ordinance: • Do not remove Goctschel's Pond from the Shoreland Classification Table. • Clarify that open space must constitute at least 50% of the total project area within the shoreland of a Planned Unit Development. The Planning Commission also asked for clarification if lots served by community septic systems would be considered sewered by shoreland standards. MNDNR's response to this question is attached in an email. The Planning Commission recommended the Council approve the ordinance as amended with an affirmative vote of 5-0. RECOMMENDATION: Staff, the MNDNR, and the Planning Commission recommend that the Council approve the proposed ordinance amendment to the City's Shoreland Management Overlay District Ordinance. "Move to approve Ord. 08-166 amending Section 154.800: Shoreland Management Overlay District of the Zoning Code." In addition, Staff recommends that the City Council authorize summary publication of the approved ordinance through the following resolution: "Move to adopt Resolution 2017-011 authorizing summary publication of Ordinance 08-166" ATTACHMENTS: • Ord. 08-166 • MNDNR Comments and Contingent Approval Letter • Resolution 2017-011 • Planning Commission meeting minutes, 1/9/2017 • MNDNR email clarifying community septic system standards. • Map showing water bodies affected by changes to Shoreland Classification Table • Email request to retain Goetschel in Shoreland Classification Table. 4 CITY QFLAKE ELMO COUNTY [JFw/ASH|NGTQN STATE OF MINNESOTA ORDINANCE NO. O8'166 ANORDINANCE AMENDING SM{]RELANOMANAGEMENT DISTRICT RESTRICTIONS TOOBTAIN COMPLIANCE WITH DEPARTMENT OFNATURAL RESOURCES SHQRELAND0RO|NANCE REQUIREMENTS. SECTION 1' The City Council ufthe City wfLake Elmo hereby amends Title XV:Land Usage; Chapter 154: Zoning Code; Section 800 to read the following: ARTICLE 17. SHORELAND MANAGEMENT OVERLAY DISTRICT 5154.800 5ho/eendManagement Overlay District §154'800 Shoreland Management Overlay District A. Purpose, The ordinance isadopted pursuant bo the authorization and policies contained in Minnesota Statutes, Chapter 103F' Minnesota Regulations, Parts61ZO.250U'6120.]9QO' and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. The purpose of the Shoretand Management Overlay District is to preserve and enhance the quality of surface waters and conserve the economic and natural environmental values ufshore(ondsthrough the following activities-, 1. Regulate placement of sanitary and waste treatment facilities on shureiands of public waters toprevent pollution ofpublic waters and public health hazards resulting from the facilities. Z. Regulate alteration of shoneianub ofpublic waters tn prevent excessive sediment pollution, increased water runoff and excessive nutrient runoff pollution, 3. Preserve and enhance the unique aesthetic appearance and ecological value of the shoneiand. 4. Regulate the construction ofbuildings and changes ofland use inshoreiands to minimize property damage during periods of high water. B. Definitions. Words, terms and phrases' when used in this section, shall have the meanings ascribed to them in Subd. 81: Definitions; of Chapter 11: General [ode Provisions, except where the context clearly indicates adifferent meaning. C. Shore(andManagement Overlay District 1. fho/e/ondClassifications. The public waters inTable 17'1 have been classified bythe commissioner ofnatural resources, consistent with the classifications assigned by the commissioner under Minnesota Rules, part 6l2O.]lUU'as: natural environment (NE)' recreational development (RD) and tributary (T)shoreiands. Table 17'1: ShnreiandCimssificatjPns DNR|D# 82011601 Name Armstrong (north cf [I4H10) Location Sec 28.T2g, R21 1 Ordinary High Water Level 1U2O.] N[ Armstrong (south of 82011602 CSAH 10) Sec 28, T29, R21 1019.3 NE 82009900 Clear Sec 2 Et 11, 729, R21 NE 82010100 DeMontreville Sec 4, 5 Et 9,T29, R21 929.3 RD 82010500 Berschen's Pond NE 82011000 Downs Sec 24, T29, R21 889.1 NE 82010900 Eagle Point Sec 22 a 27, T29, R21 896.5 NE Sec 13, 14, 23, 24 Et 26, 82010600 Elmo T29, R21 885.6 RD 82010800 Friedrich Pond Sec 15 Et 22, T29, R21 NE Sec 27, 34 a 35, T29, 82011300 Goose R21 924.4 NE 82011100 H.J. Brown Pond Sec 26, T29, R21 NE 82007400 Horseshoe Sec 25, T29, R21 876.8 NE 82010400 Jane Sec 9 Et 10, T29, R21 924.0 RD 82011700 Kramer Sec 35, T29, R21 NE 82010300 Olson Sec 8 a 9, T29, R21 929.3 RD Raleigh Creek North Sec 16, 21 a 22, T29, N/A (to Eagle Point Lake) R21 - T Raleigh Creek South (Eagle Point Lake to Sec 22, 23 Et 227, T29, N/A Lake Elmo) R21 - 82011200 Rose Sec 25 Et 36, T29, R21 82010700 Sunfish Sec 14, T29, R21 896.4 82010000 Unnamed Sec 4, T29, R21 - 82031300 Unnamed Sec 12, T29, R21 Unnamed to Wilmes N/A Lake Sec 33, T29, R21 - T N/AUnnamed Tributary Sec 25, T29, R21 T Classifications RD = Recreational Development Lake Classification NE = Natural Environment Lake Classification T = Tributary River Classification Notes to Table 17-1: a. As measured from and perpendicular to the ordinary high water level (OHWL) T NE NE NE NE 2. Land Uses in Shoreland Districts. All uses of land shall be regulated by the applicable zoning district subject to applicable conditions. Notwithstanding the underlying zoning district, the following uses shall be regulated in shoreland districts as specified in Table 17-2: Table 17-2: Permitted (P) and Conditional (C) Uses, Shoreland Classifications 2 Land Uses Residential Commercial Public and Civic Uses OutdoorRecreadona Agricultural and Related Uses»'c Industrial and Extractive Uses Utilities, Transportation and Communications Accessory Uses - Planned Developments (PUDs) Forest Land Conversion Notes toTable 17'2: Shoneband Classification Recreational Natural Tributary Development Environment River P p p p C P [ P [ C P [ C [ p [ P C [ C [ [ P a. City owned parks and open space and any uses cxstructures accessory tosuch uses are permitted within shoreiandareas. b. Vegetative clearing within shore and bluff impact zones and on steep slopes is not permitted. c New feedlots are not allowed inany ShuneiandManagement Overlay District. l. Shone/ondStondords. The standards in Table 17'3 shall apply within shoreiand areas to principal, conditional and accessory uses and structures: Table 17'3: Shoreland5tmndards Shnre(amdClassi ication Recreational Natural Standards Development Environment Minimum structure setback from County, State orFederal road right'of-vay Minimum setback from right-of-way line oftown road, public street, orother roads o,streets not classified Tributary River 50feet 50feet 50 feet Minimum structure setback from an unplatted cemetery nrhistorical site" 50feet 50 feet 50 feet Minimum structure setback from the Ordinary High Water Level (OHWL)b'`'° Seweredu Unse*eredu Minimum structure setback from top ofbluff Minimum septic system setback from OHYYL Minimum low floor elevation above the 1OO-year flood elevation Maximum impervious lot coverage 75feet 1O0feet 3Ofeet 75 feet Zfeet 15Ufeet 150feet 3Ofeet 150feet 5Ofeet lOOfeet ]0feeL 75feet 2 feet 2 feet Unsewered Minimum lot sizef,_riparian lots Sewered Single family detached Two'famiiyorduplex Triplex Quad Unsewered Single family detached Two-family nrduplex Minimum \otdze/, non -riparian lots Sewered � Single family detached Two'famib/orduplex Triplex Quad Unsewered Single family detached Twn'famiiynrduplex Minimum lot width'''v riparian lots Se*ered Single family detached Two-family orduplex' Trip\ex° Quad" Unsewered Single family detached Two-famii nrdup iex° _ y Minimum lot width, nonriparian Lots Sewe/ed Single family detached Two'famiiy or duplex" Tripiex° 0uod° Unsewered Single family detached 4 2U,O0Osf l5'00}d 1Z0,00Om[ 16O,0O0sf 15% 4O,OOOsf Same nszoning 70'000xf district 16O,O8Usf — Same aszoning 200.000sf district 40'00sf 80,00sf 15'000sf 20.000sf 26,000 sf 35'000sf ]D,OOOsf 52'000s/ 49,000sf 65,000cf 40'00sf 80,00sf 80'00sf 160'00sf 75feet 125feet 135feet 225feet 195feet 325feet 255 feet 425 feet 15Ofeet 225 feet 75feet 1]5feet 19Ofcni 245feet 150feet 200 feet 300 feet 125feet I0feet ]1Sfeet 41Ofeet 200 feet Same as zoning district Same auzoning district Same aozoning district 75fect 115feet 150feet 190feet 1OUfeet 150feet 75feet 115feet 150feet 19Ofeet Maximum Structure Height Notes to Table 17-3; a. Reduction of the required setback from a historic site is permitted with the approvalof the office oythe Minnesota State Archeologist. b. Where structures exist on both sides of a proposed building site, structure setbacks may be altered without avahance to conform to the adjoining setbacks from the Ordinary High Water Level (OHVYL), provided the proposed building is not located in shore impact zone o,bluff impact zone. c. Roads' driveways and parking areas shall meet the minimum structure setback. Where no alternative exists, such improvements may beplaced within the required structure setbacks provided they are designed to adapt to the natural landscape, soil erosion is minimized and no construction shalt occur in shore orbluff impact zones. Exceptions tosetback requirements must comply with the rules and regulations of local watershed districts. d. Commercial, public and civic uses located on lots with public waters frontage shall be setback double the required setback o'besubstantially screened from the water byvegetation or topography, assuming summer, leaf -on conditions. e. Subdivisions of duplexes, Lhpiexes, and quads within Natural Environment 5horeiand districts must also meet standards set forth inSection ([)(5)(c). f. Minimum tot size and width requirements apply to residential uses only. g. Lots Intended AsControlled Accesses toPublic Waters orus Recreation Areas for Use byOwners o/Nonrhnor/onLots within Subdivisions. Must meet nrexceed the following standards: They must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots. i. If docking, mooring, o/ over -water storage ofmore than six (6) watercraft is to be allowed at a controlled access tot, then the width of the tot (keeping the same tot depth) must be increased bythe percent of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table: Ih5feet ]5feeL 35 feet 40feet 15Ufeet 35 feet Controlled Access Lot Frontage Requirements Ratio ofLake Size toShore Length Required increase in frontage (acres/mile) (percent) Less than 100 25% 100'200 20% 201'300 15% 301'400 10% Greater than 4OO | 5% ii. They must bejointly owned byat[ purchasers cflots inthe subdivision orbyall purchasers nfnmnripahan tots inthe subdivision who are provided riparian access rights on the access tot; and covenants or other equally effective legal instruments must be developed that specify which tot owners have authority to use the access tot and what activities are allowed. The activities may include watercraft \aunching, ioadinQ, storage, beachiny, mooring, or docking. They must also include other outdoor recreational activities that donot significantly conflict with genera[ public use ofthe public water mr the enjoyment ofnormal property rights by adjacent property owners. Examples ofthe non -significant conflict activities include swimming, sunbathing. or picnicking. The covenants must limit the total number of vehicles mKmved to be parked and the total 5 number nfwatercraft allowed tobecontinuously moored, docked, or stoned over water, and must require centralization of all common facilities and activities iothe most suitable locations qnthe tot to minimize topographic and vegetation alterations. They must also require all parking ureos, storage buildings, and other facilities to be screened by vegetation mrtopography asmuch as practical from vie* from the public water. assuming summer, leaf -on conditions. 4. Design Criteria for Structures o. Water Oriented Accessory Structures. Each Lot may have one (1) water oriented accessory structure not meeting the normal structure setbacks ifthe structure complies with the following provisions: i. Structure Height. The structure orfacility must not exceed ten (10)feet in height' exclusive ofsafety rails, from the average grade nf the structure to the peak ofthe roof. Detached decks must not exceed eight (8) feet above grade at any point. ii. Structure Size. Water oriented accessory structures cannot occupy an area greater than two -hundred and fifty (Z5O)square feet. iii. Structure Setback. The setback ofthe structure orfacility landward from the Ordinary High Water Level (OHVVL)must be at least ten (10) feet on a recreational development take and fifty (50) feet on a natural environment iv. The structure orfacility must be treated to reduce visibility as viewed from public waters and adjacent shom(onds byvegetation, topography, increased setbacks mcolor, assuming summer, leaf -on conditions. V. The roof of the structure may be used as o deck with safety rails, but must not be enclosed or used as u storage area. vi. The structure o/ facility must not be used for human habitation and must not contain water supply orsewage treatment facilities, vii. Watercraft Storage Facilities. Asanalternative for recreational development water bodies, water oriented accessory structures used solely for watercraft storage, and including the storage of related boating and water oriented sporting equipment, may occupy up to four hundred (400) square feet provided the maximum width of the structure is twenty (ZO) feet as measured parallel Lothe configuration ofthe shoreline. b. Stairways, Lifts and Landings. Stairways and Lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes toshore areas. Stairways and lifts must meet the following design requirements: i. Stairways and lifts must not exceed four (4)feet inwidth, Wider stairways may beused for public open space or recreation properties. ii. Landings for stairways and lifts must not exceed thirty-two (l2)square feet in area. Landings larger than thirty-two (32) square feet may be used for public open space orrecreation properties, iii. Canopies or roofs are not allowed on stairways, Lifts orlandings. iv. Stairways, Lifts and Landings may beeither constructed above ground on posts orpilings or placed into the ground' provided that they are designed and built ina manner that ensures control ofsoil erosion. v. Stairways, lifts and landing must be located in the most visually inconspicuous portions of tots, as viewed from the surface ufthe public water assuming summer, (eaf'oncondidnns' whenever practical. 6 vi. Facilities such aspublic and private watercraft access ramps, iifLs' access - related parking areas, urmobility paths for physically handicapped persons are also allowed for achieving access toshore areas, provided that the dimensional and performance standards of subsections (i) through (v)above are satisfied -and provided the vegetative screening and erosion control requirements are met. c. Roads, Driveways, and Parking Areas. Public and private roads' driveways, and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides ofthe local soil and water conservation district, or other applicable technical materials. d. Steep slopes. Local government officials must evaluate possible soil erosion impacts and development visibility from public waters before issuing apermit for construction nfsewage treatment systems, roads' driveways, structures, orother improvements on steep slopes. When determined necessary, conditions must beattached toissued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface ufpublic waters, assuming summer' (eaf'onveyetadon. 5. Subdivision Standards. The following standards shall apply Losubdivisions inshoneiand a. Each lot created through subdivision must besuitable 1n its natural state for the proposed use with minimal alteration. In determining suitability the City will consider susceptibility toflooding, existence ofwetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply orsewage treatment capabilities, near -shore aquatic conditions unsuitable forvvaLer'based recreation, important fish and wildlife habitat, presence of significant historic sites, orany other feature ofthe natural land likely to be harmful to the health, safety, orwelfare offuture residents ofthe proposed subdivision' oro[the community at large. b. Subdivisions must conform to all other official controls adopted bythe City of Lake Elmo. Subdivisions will not be approved that are designed so variances from one or more standards in official controls would be needed to use the lots for their intended purpose. Lots that would require use ofholding tanks must not be approved. c. On natural environment takes, subdivisions of duplexes, thpiexes' and quads must also meet the following standards: i. Each building must beset back at (east 200feet from the ordinary high water ji. Each building must have common sewage treatment and water systems that serve all dwelling units inthe building. iii. Watercraft docking facilities for each lot must becentralized in one location and serveaK dwelling units in the building. iv. Nomore than 25percent ofaiake'sshoreline can beinaduplex, triplex, or quad environment. 6. Agricultural Activities. The following standards shalt apply to agricultural activities in shoreiandareas: m. The shore impact for parcels with permitted agricultural uses is equal to a line paratteI. to and 5Ofeet from the0HVYL. 7 b. General cultivation farming, grazing, nurseries' horticulture, truck fanning' sod farming, and wild crop harvesting are permitted uses ifsteep slopes and shore impact zones are maintained inpermanent vegetation oroperated under anapproved conservation plan (resource management systems)consistent with the field office technical guides of the local soil and water conservation district or the USDA Natural Resources Conservation Service. c. New animal feedlots are not allowed in d`nreiand.Modifications orexpansions to existing feedlots or resumption of old feedlots are conditional uses and must meet the following standards: i. Feedlots must be designed consistent with Minnesota Rules Chapter 7OZ0; ii Feedlots must not further encroach into the existing ordinary high water Level setback or the bluff impact zone and must not expand toacapacity n( 1,000 animal units ormore; and, iii. Old feedlots not currently in operation may resume operation consistent with Minnesota Statute Section 116.0711. d. The use nf pesticides, fertilizers or animal wastes withinshore(and areas shall be done in such a way as to minimize impacts on shore impact zones by proper application or use ofearth nrvegetation, 7. Sho,e/undA(tenut/ons. The purpose of this section is to prevent erosion into public waters' fix nuthents, prescmeshoreiand aesthetics` preserve historic values, prevent back stumping and protect fish and wildlife habitat. Shoreimnd alterations shalt beallowed \n accordance with the following standards: a. No principal oraccessory structure or use shall be placed within bluff orshore impact zones other than agricultural activities as permitted by subsection ([)(6)(b). b. Shore impact zones shall be maintained in permanent vegetation or operated under an approved conservation plan consistent with the field office technical guides of the local soil and water conservation district. c. Intensive Yegetobve Clearing. Intensive vegetation clearing within shore and bluff impact zones and/or steep slopes isnot permitted. Intensive clearing within shnreiand areas outside of bluff nrshore impact zones and steep slope areas issubject to standards set forth in Subp. ([) (8) of this Section. d. Limited Tree Clearing. Limited clearing oftrees and shrubs and the cutting, pruning and trimming of trees within bluff and shore impact zones or steep slopes to accommodate picnic areas, traits and water access and toprovide aview tothe water from principal dwelling site shalt be permitted provided the screening ofstructures, as viewed from the water, is not substantially reduced and that the shading of water surface isalong rivers is preserved. These provisions do not apply tothe removal of tree limbs or branches that are dead or pose asahety hazard. e. Grading in Shure/ondAreos. All grading and fitting activities must be in conformance with the\fedand Conservation 4c1. Any grading or fitting on steep slopes orwithin shore or bluff impact zones involving the movement often (10) or more cubic yards of material orinvolving more than fifty (50) cubic yards nfmaterial elsewhere in a shoreiand area shall require the submission ofaGrading Permit. Approval shall be granted only ifthe following conditions are met: i The smallest amount of bare ground is exposed for the shortest time possible; ii. Ground cover such asmuichbused for temporary bare soi\coverage and permanent ground cover' such as sod, is established; ii|. Methods to prevent erosion and trap sediment during construction are iv. Altered areas are stabilized to accepted erosion control standards; V. Fill isnot placed soautocreate unstable slopes; vi. Plans toplace fill or excavated material on steep slopes are certified by qualified professionals astnslope stability and must not create finished dopes of 30 percent or greater; vii. Alterations below the OHYYLofpublic waters must first beauthorized by the Commissioner of the Minnesota Department of Natural Resources per Minn, Stats. §1O]G.245and 103G.405; viii. Placement ofnatural rock hprap, including associated grading ofthe shoreline and placement ofafitter blanket, ispermitted i/the finished slope does not exceed three feet horizontal toone foot vertical, the landward extent ofthe ripnap is within ten fee{ ofthe OHVVLand the height of the riprapabove the OHVYLdoes not exceed three feet; and ix. Alterations oftopography shall only bepermitted ifaccessory Loa permitted orconditional use. X. Fill or excavated material must not be placed in bluff impact zone. D. Forest management standards. The harvesting of timber and associated reforestation or conversion of forested use to n nonforested use must be conducted consistent with the following standards: a. Timber harvesting and associated reforestation must be conducted consistent with the Sustaining Minnesota Forest Resources: YoiuntarySiLe'Leve( Forest Management Guidelines for Landowners, Loggers and Resource Managers b. Forest [and conversion to another use requires issuance of a conditional use permit and adherence tnthe following standards: i. Shore and bluff impact zones must not be intensively cleared of vegetation. ii. 4nerosion and sediment control plan isdeveloped and approved bythe City and local soil and water conservation district and isconsistent with the City's Storm Water and Erosion and Sediment Control Ordinance (150.270) before issuance ofaconditional use permit for the conversion. 9. Stormwmter/NonugpmenC StVrmwoter management shall be in accordance with the [ity'sStorm Water and Erosion and Sediment Control Ordinance (§15O.Z7O). /n addition' the Minnesota Pollution Control Agency's Minnesota Stormwater Manual shall be used asguidance. Within shoreiand areas, the following standards also apply: e. Existing natural drainage ways, wetlands and vegetated soil surfaces must be used to convey, store' fitter and retain storm water in a manner consistent with local watershed district rules and regulations before discharge tn public waters. b. Development must be planned and conducted in a manner that wilt minimize the extent ofdisturbed areas, runoff velocities, and erosion potential and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as grading is complete and facilities ormethods used to retain sediment on the site are removed. c. Use offertilizers, pesticides oranimal wastes within shoreiand areas must be done in a way tominimize impact onthe shore impact zone orpublic water byproper application. d. New constructed storm wateroutfaiis to public waters must provide for filtering or settling ofsuspended solids and skimming of surface debris before discharge. 10. Private Utilities. The following provisions shall apply in shore|and areas: 9 a. Private subsurface sewage treatment systems shall meet applicable City and County requirements and Minnesota Pollution Control Agency's Chapter 7080 standards. Publicly owned sewer systems shalt beused where available. b. Any private water supply to be used for domestic purposes shall meet quality standards established by the Minnesota Department of Health and the Minnesota Pollution Control Agency. /. Private wells must belocated, constructed, maintained, and seated in accordance with or in a more thorough manner than the Water Well Construction Code of the Minnesota Department ofHealth. 11. Planned Unit Developments (PUD) a. Purpose To protect and enhance the natural and scenic qualities ofshoreland areas during and after development and redevelopment of high density residential uses. b. Qeco/(y. Deviation from the minimum lot size standards ofTable 17'] of this ordinance isallowed ifthe standards inthis Section are met. c. Processing ofPUDs. Planned unit developments are processed according to the procedures inSection 154.75Dand the standards ofArticle XV and Article XV||, whichever is more restrictive. Approval cannot occur until all applicable environmental reviews are complete, d. Application for u PUD. The applicant for a PUD must submit the following documents prior tnfinal action onthe application request: i Aproperty owners association agreement with mandatory membership, and consistent with 11 (h) (iv) of this ordinance. ii. Deed restrictions, covenants, permanent easements or other instruments that: 1. Address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in nsidendaiPUDs; and Z. Ensure preservation and maintenance ofopen space in perpetuity accordance with the criteria and analysis specified in 11 (h)ofthis ordinance. e. Density Determination. Proposed new orexpansions to existing planned unit developments must be evaluated using the following procedures. i. Step 1. Identify Density Analysis Tiers. Divide the project parcel into tiers by drawing one ormore tines parallel to the ordinary high water level atthe following intervals, proceeding landward: Classification Tier Depth NoSewer Vt> Sevver(ft) Recreational Development Lakes — 267 � 267 Natural Environment Lakes 400 320 Tributary Rivers 300 300 10 ii. Step Z. Calculate Suitable Area for Development. Calculate the suitable area within each tier byexcluding all wetlands, bluffs, or land below the ordinary high water level ofpublic waters. iii. Step 3. Determine Base Density 1 Divide the suitable area within each tier hythe minimum single residential lot area in Table 17'3 (use required minimum riparian tot areas for the 1^tier unless nolots within the ill tier are riparian) for takes to determine the allowable number of dwelling units, or base density, for each der. Allowable densities may betransferred from any tier toany other tier further from thewate/body, but must not be transferred to any tier closer to thevvaterbndy. 2. All PUDs must meet the design standards in Section 11 (f) of this ordinance, hh. Step4. Determine if the Site can Accommodate Increased Density. The PUD may provide for an increase in density ofupto 20% allowed in the base zoning district orinTable 17'3, whichever is more restrictive' if: Structure setbacks from the ordinary high water Level: 1. Are increased to at (east 50 percent greater than the minimum setback; or 2. The impact onthe vvaterbodyisreduced anequivalent amount through vegetative management, topography, oradditional acceptable means and the setback is at ieostZ5 percent greater than the minimum setback. [ Design Criteria. All PUDn must meet the following design criteria: i. General Design Standards. 1. Dwelling units must be clustered into one or more groups and located on suitable areas ofthe development, Z. Dwelling units must be designed and Located to meet the dimensional standards, other than those for tot area and width, in Table 17'3: l Shore recreation facilities: 1- Must be centralized and located in areas suitable for them based on asuitability analysis (as explained in 6ubd. ([) (5) (o)ofthis Secdnn). Z. The number ofspaces provided for continuous beaching, mooring, or docking o/watercraft must not exceed one for each allowable dwelling unit in the first der. l Launching ramp facilities, including asmall dock for loading and unloading equipment, may be provided for use by occupants of dwelling units located in other tiers. 4. At least 5Opercent nfthe total project area shall bepreserved as open space and must meet standards outlined in 11 (g) of this ordinance. 11 5. PUDsshall beconnected topublic water supply and sewer systems, When sewer isnot available, individual septic systems are not allowed; community sewage treatment systems are required. 6. Approval from the DNRisrequired tuenmre compliance with additional regulations. ii. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shoreiands by vegetation, topography, increased setbacks, color, orother means acceptable to the local unit ofgovernment, assuming summer, leaf -on conditions. Vegetative and topographic screening must bepreserved, if existing, nrmay berequired to be provided. ih. Accessory structures and facihhes, except water oriented accessory structures, must meet the required structure setback and must be centralized. g. Open Space Requirements. i. Open space must constitute at least 5Opercent ofthe total project area within the shoneiandand must include: 1. Areas with physical characteristics unsuitable for development in their natural state and areas containing significant historic sites orunpiatted cemeteries; Z. Portions ofthe shore impact zone preserved inits natural orexisting state as follows: i. For existing residential PUD's, at least 50percent ofthe shore impact zone ii. For new residential PUDs' at ieast7O percent nfthe shore impact zone. ii. Open space may include: 1. Outdoor recreational facilities for use by owners of lots in the subdivision and bythe general public; and 2. Stormvvoterdetcndnn facilities, subsurface sewage treatment systems (if the use of the space is restricted to avoid adverse impacts on the systems), and other required site improvements not prohibited herein may beapplied to this requirement. l Non-public water wetlands i Open space shalt not include: 1. Road rights -of -way, orland covered by roads, structures mrparking surfaces; Z. Lots, unless owned incommon byanowners association; 3. Commercial facilities oruseo ' 4. Land below the OHVVLofpublic waters. h. Open Space Maintenance and Administration Requirements. i. Open space preservation. The appearance ofopen space areas, including topography, vegetation, and allowable uses, must be preserved. 12 ii. Before final approval cfa PUD is granted, the deveioper/ownershalt provide for the preservation and maintenance' in perpetuity, of open space and the continuation ofthe development as a community. ih. The instruments must prohibit: 1. Commercial uses ; Z. Vegetation and topographic alterations other than routine maintenance; l Construction of additional buildings orstorage ofvehicles and other materials; and 4. Uncontrolled beaching of watercraf. iv. Development organization and functioning. All planned unit developments must use an owners association with the following features: 1. Membership must bemandatory for each dwelling unit owner and any successive owner; 2. Each member must pay a pro rata share ofthe association's expenses` and unpaid assessments can become liens on units urdwelling sites; ]. Assessments must be adjustable to accommodate changing conditions; and 4. The association must be responsible for insurance, taxes, and maintenance of at( commonly owned property and facilities. 12. Nonconƒorm/ties. a. All legally established noncooformitiesasofthe date ofthis ordinance may continue, butwiK be managed according toMinnesota Statutes, Section 462.I57 5ubd. le and other regulations ofthis community for alterations and additions; repair after damage; discontinuance ofuse; and intensification ofuse. b. All additions orexpansions tuthe outside dimensions ofanexisting nonconforming structure must meet the setback, height, and other requirements of this ordinance. Any deviation from these requirements must be authorized bymvariance. 13. Surface Wate/'Or/entedbbes. Uses with needs to have access to and use of public waters maybe located on parcels or lots with frontage on public waters must meet the following standards: i. In addition tnmeeting impervious coverage limits, setbacks' and other zoning standards, uses must be designed to incorporate topographic and vegetative screening of parking areas and structures. ii. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them toavoid obstructions ofnavigation and to be the minimum -size necessary tomeet the need. iii. No advertising signs orsupporting facilities for signs maybe piaced in or upon public waters. Signs conveying information or safety messages maybe placed in oronpublic waters byapublic authority orunder apermit issued bythe county sheriff, iv. Signs may beplaced, when necessary' within the shore impact zone if they are designed and sized tobethe minimum necessary toconvey needed information. 13 v. Other outside lighting may belocated within the shore impact zone nrover public waters ifit is used primarily toilluminate potential safety hazards and is shielded orotherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. D. Administration. 1. Variances, Variances may only be granted in accordance with Minnesota Statutes, Section 462.357 and are subject to the following: a. A variance may not circumvent the general purposes and intent of this ordinance; and b. For properties with existing sewage treatment systems, ocertificate of compliance, consistent with Minnesota Rules Chapter 708Z.0700 Subp.lisrequired for variance approval. 4sewage treatment system shaUbeconsidered compliant ifthe only deficiency is the system's improper setback from the ordinary high water level. Z. Conditional Uses. AIL conditional uses inthe dmrelandarea are subject toathorough evaluation of the waterbody and the topographic, vegetation, and soil conditions to ensure: a. The prevention of soil erosion or other possible pollution cfpublic waters, both during and after construction; b. The visibility of structures and other facilities as viewed form public waters is c. There is adequate water supply and on -site sewage treatment; and d. The types, uas, and numbers of watercraft that the project will generate are compatible inrelation to the suitability ofpublic waters to safety accommodate these watercraft. a. In evaluating ail variances, conditional uses, zoning and building permit applications, the zoning authority shall require the property owner to address, when related to and proportional tothe impact, the following conditions to meet the purpose of this ordinance, toprotect adjacent properties, and the public interest: 1. Advanced storm water runoff management treatment; 2. Reducing impervious surfaces; ]. Increasing setbacks from the ordinary high water level; 4. Restoration of wetlands; 5. Limiting vegetation removal and/or riparian vegetation restoration; 6. Provisions for the location, design, and use ofstructures, sewage treatment systems, water supply systems, watercraft launching and docking areas, and parking areas; and 7. Other conservation- designed conditions the zoning authority deems necessary. b. In evaluating plans to construct sewage treatment systems, roods, driveways, structures, orother improvements on steep slopes, conditions to prevent erosion and to preserve existing vegetation screening of structures, veh\cies, and other facilities as 14 viewed from the surface nfpublic waters assuming summer, leaf -on vegetation shall be attached tnpermits. 4. Notifications to the Deportment of Natural Resources a, Ali notices of public hearings to consider variances, ordinance amendments, or conditional uses under shoreiandmanagement controls must besent 1uthe commissioner o/the commissioner's designated representative at (east ten days before the hearings. Notices ofhearings toconsider proposed subdividons/piats must include copies of the subdivision /piat. b. AKapproved ordinance amendments and subdivisions /piatx' and final decisions approving variances orconditional uses under iocaishorciand management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days offinal action. When avariance isapproved after the Department of Natural Resources has formally recommended denial in the hearing record' the notification ofthe approved variance shall also include the summary ofthe public record /testimony and the findings of facts and conclusions which supported the issuance ofthe variance. c. Any request to change the shoretand management classification of public waters must be sent to the commissioner orthe commissioner's designated representative for approval, and must include resolution and supporting data as required by Minnesota Rules, part h1J0.]O00,subp.4. d.Any request toreduce the boundaries ofshone\andsofpublic waters must besent to the commissioner or the commissioner's designated representative for approval. The boundaries ofshnreiands maybe reduced when the shnreiand nfwater bodies with different classifications overlap. In these cases, the topographic divide between the water bodies shalt be used for adjusting the boundaries. 5. Subsurface Sewage Treatment System Certificate ofCompliance. 4 certificate of compliance, consistent with Minnesota Rules Chapter 7OOZ.O7O0Subp. 2, is required whenever a permit or variance of any type is required for any improvement on o/ use of the property. A sewage treatment system shalt be considered compliant if the only deficienct is the system's improper setback from the ordinary high water level. SECTION 2' Effective Date. This ordinance shaU become effective immediately upon adoption and pubLication in the officiaL newspaper of the City of Lake Etmo. SECTION 43 Adoption Date' This Ordinance 08'186 was adopted on this 7th day of LAKE ELMO CITY COUNCIL Mike Pearson, Mayor 15 A||EST: Julie Johnson, City Clerk This Ordinance Q8' was published on the day of ' I017. 16 K4|NNESOTADEPARTMENT 0FNATURAL RESOURCES CENTRAL REGION 1znnWARNER ROAD SAINT rAuL.mNoo1oo 651'25e'5800 Date: 12/29/2016 SteveVVensman Planning Director, City ufLake Elmo 38UOLaverne Avenue North Lake Elmo, K1NS5042 Re: K4NDNKConditional Approval ofCity o[Bmo's ShorebndRegulations and DNRFlexibility toState 6hone|andStandards MNDNR has reviewed Lake Elmo's draft Article 17 — Shoreland Management Overlay District (submitted to our Central Region Office for review on 12/28/16) for compliance with the State Shoreland Management Regulations. Contingent on changes requested by MNDNR in the attached draft Article 17 dated 12/29/16, the attached Article 17 with additions and deletions is compliant with MN Rules, Parts 612O2I00-6I10.39OOand isconditionally approved byK4NDNK. Under shoreland flexibility, MNDNR and the City of Lake Elmo agree to allow a 35-foot maximum building height (standard = 25 feet) and 30% maximum impervious surface coverage of lotsinsewened areas (standard =J596),inreturn for 1S%impervious surface coverage onunsewenedlots (standard = 2S%)and a2O96bonus density increase for PUDs(standard =200Y6).The ZO96bonus density increase for PUDs is consistent with the City's existing PUD provisions. it is found that these flexibility requests involve circumstances that take into account the existing development patterns of Lake Elmo. &4NDNH provides conditional approval for your request for implementation flexibility. If you have questions regarding the contents of this letter, please contact Jenifer Sorensen, Area Hydrologist (6Sl'25g'S7S/kienifecuonensen0�statemo.ud.Thank you for Lake E|mc/sefforts in developing standards that will protect the water resources nfthe state. o d 'j � � |Kegion'^�,*mge' &4NDNK, Division of Ecological & Water Resources l20OWarner Road, St. Paul, MN5518G 41�t PRINTED owRECYCLED PAPER CONTAINING A MINIMUM or1omPOST-CONSUMER WASTE. CITY OF LAKE ELMO - 12-29-16 COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE AMENDING SHORELAND MANAGEMENT DISTRICT RESTRICTIONS TO OBTAIN COMPLIANCE WITH DEPARTMENT OF NATURAL RESOURCES SHORELAND ORDINANCE REQUIREMENTS. SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Section 800 to read the following: ARTICLE 17. SHORELAND MANAGEMENT OVERLAY DISTRICT S154.800 Shoreland Management Overlay District S154.800 Shoreland Management Overlay District A. Purpose, o 1 Lo p»C1,,1 t COLer 1O 3F nnota RE-Nutalion5, Firls 2.0,-2.500-63:41.:42Q1-,,f.;Ipti 0;:diori biinf; k:11 in 1 11 'Ni2tr A62. The purpose of the Shoreland Management Overlay District is to preserve and enhance the quality of surface waters and conserve the economic and natural environmental values of shorelands through the following activities: 1. Regulate placement of sanitary and waste treatment facilities on shorelands of public waters to prevent pollution of public waters and public health hazards resulting from the facilities. 2. Regulate alteration of shorelands of public waters to prevent excessive sediment pollution, increased water runoff and excessive nutrient runoff pollution. 3. Preserve and enhance the unique aesthetic appearance and ecological value of the shoreland. 4. Regulate the construction of buildings and changes of land use in shorelands to minimize property damage during periods of high water. B. 1Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in-rin94,4i,A, t gsipc4icr6; cjf Contr 11; Genvral. where the context clearly indicates a different meaningi.„_ cif,f,---A-tripeg oh:r:, reatorre-siA:4-ns, wiek4 ,14,4)441%,;Wer...,;3.44.stAA4,,E.,4,4..5.0 iny 4-.- C-A:Qt.4,?.44-vy 411494 444,€4...#4,4:,r,-T. 4,0,p-Of--44);.L.A, r,,,,,,ir.,c+.fineri "4 riV,oroc,onoo': R'4 444,4i rttAo t'Oo,Ot. 4,OitP.O-Oliod c;r44-",ft..4.47 4,4,4444V t444,444,i, 1,4i thttto,tth htth.htl'hit lItt,t,", ttlth"th,4A) ktttt taht4t;474 4-4',O,O4oe,„„CrOoM,Ooo- h,thit lhattathatrhatht,'thhth,,,,t :6;1 tl LaahloChttht IN't H.w4 T,O kor,i haat,' htfah,thtah.1./ethatratatahtleh'arhhat' f"-'#(14 „ 1;V.74,WOO r'ri c.:ooegjoe, o'rol,r,O0000Oo,o.4 o,o,c O„1,O ...Ivo, t.ih)h-htt„,„, hhttrthtt,,, , ,ohat tht,"h!.tt, tt Ott,. athhlta,ta, t:t,".tatt,tht tt,tta,,,krrht htt hthy 'tt whit ,atht,h,fh rartartd ,dlhtlaitt,thtatthat'lttlf C. Shoreland Management Overlay District 1. Shoreland Classifications The public waters in Table 17-1 have been classified by the commissioner of natural resources„ as: natural environment (NE), recreational development (RD) and tributary (T) shorelands. Table 17-1: ShorelandClassifications DNR ID # Name Armstrong (north of 82011601 CSAH 10) ordinary High Water Location Level Class 150 FTRiparian Dedication Required Sec 28, 129, R21 1020.3 NE No 82009900 Clear Sec 2 & 11, 129, R21 NE 82010100 DeMontreville Sec 4, 5 & 9,729, R21 929.3 RD No 82011000 Downs Sec 24, T29, R21 889.1 NE No 82010900 Eagle Point Sec 22 & 27, T29, R21 896.5 NE No Sec 13, 14, 23, 24 & 87010600 Elmo 26, T29, R21 885.6 RD No Sec 15 & 22, T29, R21 NE No Sec 27, 34 & 35, TZ9, 82011300 Goose R21 924.4 NE Yes 82011100 H.J. Brown Pond Sec 26, 129, R21 NE No 82007400 Horseshoe 5ec 25, T29, R21 876.8 NE No 82010400 Jane Sec 9 & 10, 129, R21 924.0 RD No 82010800 Friedrich Pond ci No Commented (Et31)t 1.onguor,o, rfTor (ling &Arco tel riparian are,: h,,i; bi,,,, r (.01,V0 thi, port of tfre or clinao-rn woL- Added in 2014 and not 414.101,ed hy the OW. Commented 1E82): Thk l n,adminvOroti,, ftmotool itaparittft approval by tita 1,40 Doti it, include,In the odininhttatito,4 ICommented [EB3): 'Tho fiNR leciii,iiniciiiileil rer'novog 1 ht., dollirrhon: a,.,, dill; 1.0 'IA f.011111,0tIV: 41.11,0 .L1.19.2010, .,1 ihoy aie all already in the definItiom ol Cliiiiitei. 11 of the City Code, ICommented [3S41: Atot,trtarkg Lath, (thtttotht Mutt 1,1-11iA,411111, r itfAt it, Oakdale, itol a pot t;tat otttto thahrelanci rihtrtht are atal'ittrt the hay itntatchhy ttt tote Elmo, olot th,o, mto,,t witittr the Cthit• itotetathi t"tottwth 82011700 Kramer 82010300 Olson Raleigh Creek North N/A (to Eagle Point Lake) Raleigh Creek South (Eagle Point Lake to N/A Lake Elmo) 82011200 Rose 82010700 Sunfish 82010000 Unnamed 62- Unnamed to Wilmes N/A Lake N/A Unnamed Tributary Classifications RD = Recreational Development Lake Classification NE = Natural Environment Lake Classification T = Tributary River Classification Notes to Table 17-1: a. As measured from and perpendicular to the ordinary high water level (OHWL) Sec 35, 129, R21 Sec 8 Et 9, T29, R21 Sec 16, 21 Et 22, 129, R21 Sec 22, 23 Et 227, T29, R21 Sec 25 Et 36, 129, R21 Sec 14, T29, R21 Sec 4, 129, R21 A 1, .41 NE 929.3 RD 896.4 Sec 33, T29, R21 Sec 25, T29, R21 Yes No T No NE NE NE N•ih T No No No No No No 2. Land Uses in Shoreland Districts. All uses of land shall be regulated by the applicable zoning district subject to applicable conditions. Notwithstanding the underlying zoning district, the following uses shall be regulated in shoreland districts as specified in Table 17-2: Table 17-2: Permitted (P), nd Conditional (C) Uses, Shoreland Classifications land Uses Residential Commercial Public and Civic Uses Outdoor Recreation' Agricultural and Related Usesb ' Industrial and Extractive Uses Utilities, Transportation and Communications Accessory Uses Shoreland Classification Recreational Natural Tributary Development Environment River c P P P Commented [E05]: The LiNit allows oitr.h,tivo conditional usus in those shand.inds. Indirdrl uses are alto conditional within RD and T sticiodand iilattificiatinnii but al is not allowed in NE lakes. The Z01.1 shareliaid ainewiniunt had not allowed thee uses with any sliorelandt, and 4tntt has not niacin any changes to this. Planned Developments (PUDs) Notes to Table 17-2: a. City owned parks and open space and any uses or structures permitted within shoreland areas. b. Vegetative clearing within shore and bluff impact zones and c. New feedlots are not allowed in any Shoreland Management 3. Shoreland Standards. The iv standards in Table areas to principal, conditional and accessory uses and s Table 17-3: Shoreland Standards Standards Minimum structure setback from County, State or Federal road right-of-way Minimum setbck trom rit-Gf-way 6ne oi town rood, :autAic.: crAh.-.,c roads or Areet-:; ciid Minimum structure setback from an unplatted cemetery or historical site Minimum structure setback from the Ordinary High Water Level (OHWLt AS-24,-ris;s2.61if Sewerecf Unsewered Minimum structure setback from top of bluff Minimum septic system setback from OHWL Minimum low floor elevation above the 100-year flood elevation Maximum impervious lot coverage Sewerede Unsewered Minimum lot size, riparian lots ewered Single family detached Two-family or duplex c accessory to such uses are on steep slopes is not permitted. Overlay District. 17-3 shall apply within shoreland tructures: Shoreland Cla Recreational Development 50 feet 2il 50 feet 75 feet 100 feet 30 feet 75 feet 2 feet 30% 15% 20,000 sf 35,000 sf Natural Environment 50 feet 50 feet feet 150 feet 30 feet 150 feet ication Tributary River 50 feet 50 feet feet! 100 feet 30 feet 75 feet 2 feet 2 feet 30% 30% 40,000 sf 70,000 sf ri Same as zoning district Commented [ER61: 1,, Nsw C,^rmloit V rj TiV2 11 DtV, ssNwss. sqw sws.re OtAW .„. NE is grentst rM, Commented [E071: MN tolos o,Vto1.4uit,s, 50 fr sewered property in a tribunary SL Riparian dedication not required, unsewered Single family detached Minimum lot size, non -riparian lots ss:sewered Single family detached Two-family or duplex 40,000 sf ssl Same as zoning 80,000 sf district 15,000 sf 20,000 sf F';;QP(.1' sf sf 5Z, Single family detached 40,000 sf ico,?rf, simum lot width,r,.,,,asipg!idn 14:$; ewered Single family detached Two-family or duplex,', 4sscsias-sis,s,44 sssA d'ttH 1,0irr1l0,IonrsDarlan Lots., d,l',AS411g1 itsci Tvss01 - 5 80,000 sf feet 135 feet Ts'c Y4r'Pq 125 feet 225 feet 230 issts 3111 r fe 115 feet 11111 1001 l'eted3:33 id) (933331,3 13i:..."^i Notes to Table 17-3: re,fras osa. riasss: fiossi „Os litts„ a. Reduction of the required setback from a historic site is permitted with the approval of the office of the Minnesota State Archeologist. b. Where structures exist on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the Ordinary High Water Level (OHWL), provided the proposed building is not located in a shore impact zone or bluff impact zone. Roads, driveways and parking areas shall meet the minimum structure setback. Where no alternative exists, such improvements may be placed within the required structure setbacks provided they are designed to adapt to the natural landscape, soil erosion is minimized and no construction shall occur in shore or bluff impact zones. Exceptions to setback requirements must comply with the rules and regulations of local watershed districts. d, Commercial, -,,Jic,public and civic uses io,,,,,rissd ic,i3 with public waters frontage shall be setback double the required setback or be substantially screened from the water by vegetation or topography, assuming summer, leaf -on conditions, sitsi,,o,„,,,i4,0„SR:.',„:911,,F,0114,:,:i'3". :31 S'',43:3"3:0i3:,Stri-f-FiCe-a1-1,,p,,,red :3&643; 1,34-3,3:3331.33;‘,J -- .404, ;46:et-33:34,,C344:3:3,4„....0,34114).3e,,A44-4-3,3431,Jed.: isos„),e,,-0,,,, ip'exed,,, erel e„ril:od :4:133dd: :33,:f Orht: ::4,::1.333313d kA :F3i3CZ ferN, SeedoI ((3, f. Minimum lot size and width requirements apply to residential uses only, g, to er3:rriss Assicis fa'; Liss( bit ,30,,,oissrs s„, Lorg 4- it hi 3; :313bGii .V333::, meet sissics,,,,sils this follosisSfil Sia31:113)-(3$: ievmu merit Ussi, orkfforf :Lod sfoo {C•C1,3i133',110:',33 °Of Oa; lots, (sod Lsisbe rciiuse,.r1cont.roiled cs itd:e 0'333 C'thnsss (6, ,s to 'sir istiossoistl rorsorrositecl siicitoss S., then ffffo mokorf off Lhfrf flel S Lii ,r0isiNe tsv the ol the rissnisiririrse,sis1 oc ir esisdisrsilitsl lots fc,r eriis isralsi'ssirafi beyond six: iscrsirs0,1sisr,i, ilsrs c2fMrPtfArrikfoLLSYsfri91F...fr9.01,542fffc:21ker!"5!0.3:2 RatSc, OT Lake Siorf 150 01.33:3.1:e03 Frequirsd incre(istriss Os iror0ssisr.- 1..asisfllitifl..l...Sils, :2.5r rts)SSis,2,,,,0 20'0 207-200 ilsoisortoir titsitssi 'rhos, sous,- issis shisiscorl issoo77oussititssisisso7 0St11:3drj:..10G :IN': `Of 27p027000 st)r, IIOOarrsiss lois 0770 COV,,t5 Issirirlsor,enss muss sissecrly rwararr:: hrrar: aLaararita: taa 0S7: rr law.,107 aria what aataaaa a; a foLo1217, octikikfors rofro ifk:205.20 fork:152 Li f. ififickfrforkk tokfdkoko f.frfff rook brEsachirfrfo rrffoofffrkft or C100:i:39,.f,or'3`3”,"1 '3`50 ,,•;?f,risissi,,,:sissisl ars sl ilos i(is„00007 190000 oor 1he oroo2o5co2 of 1,00,001 0rososs,10 nts.(ttrttii s arra:a a3 tsi ihir, 1,06 -(„ssi,s st scans 007911701 dc3kir,':33'33 ii"13:33:033 .331I0:e(3dire're reedik3:33 0e00'03d073i, inust 6 Commented (358): WICI,1 IC)1N)(k kfut. fkb.ai triiibbifb tti tbkko aeci r.ouri bfkmbouriusly .and f tikpi,110„gtf,„:01kkr fr)kri1;0,31 :kirk! f?•;',0, b,' LCP,3Saaph,/ Yit.,;=v/ thfs po;;-,Alc11 01:kt.:712 flkirnrre.ki k;7ii 4. Design Criteria for Structures a. Water Oriented Accessory Structures. Each lot may have one (1) water oriented accessory structure not meeting the normal structure setbacks if the structure complies with the following provisions: Structure Height. The structure or facility must not exceed ten (10) feet in height, exclusive of safety rails, from the average grade of the structure to the peak of the roof. Detached decks must not exceed eight (8) feet above grade at any point. 0. Structure Size. Water oriented accessory structures cannot occupy an area greater than two -hundred and fifty (250) square feet. iii. Structure Setback. The setback of the structure or facility landward from the Ordinary High Water Level (OHWL) must be at least ten (10) feet on a recreational development lake and fifty (50) feet on a natural environment lake. iv. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf -on conditions, v. The roof of the structure may be used as a deck with safety rails, but must not be enclosed or used as a storage area. vi. The structure or facility must not be used for human habitation and must not contain water supply or sewage treatment facilities. vil,Watercraft Storage Facilities. As an alternative for recreational development water bodies, water oriented accessory structures used solely for watercraft storage, and including the storage of related boating and water oriented sporting equipment, may occupy up to four hundred (400) square feet provided the maximum width of the structure is twenty (20) feet as measured parallel to the configuration of the shoreline.L b. Stairways, Lifts and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements: 1. Stairways and lifts must not exceed four (4) feet in width, Wider stairways may be used for public open space or recreation properties, 1. Landings for stairways and lifts must not exceed thirty-two (32) square feet in area. Landings larger than thirty-two (32) square feet may be used for public open space or recreation properties, iii. Canopies or roofs are not allowed on stairways, lifts or landings, iv. Stairways, lifts and landings may be either constructed above ground on posts or pilings or placed into the ground, provided that they are designed and built in a manner that ensures control of soil erosion. v. Stairways, lifts and landing must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf -on conditions, whenever practical. Commented LEB91; This is language taken from tlie IVINDrfa model ordlnance. There had previously been an issue with the height allowed for water -oriented accessory structures previously the ordinance did not mention the rna.iimuin height was 10 feet exclusive of safety rails), vi. Facilities such as ant'. ot nat'..cf naln.rdLt'J.qt cttt,t;:.s ramps, lifts(-4--rr- ()a(kir2arf()..;or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subsections (i) through (v) above are satisfied - ddc. d:drocie), scree,arr. a:1(1 rdo:i c.eeied tfo.o„lt. tanttofantnyt,„ ttrayal Iddrn CCS,Pi2 r L? roads, (Inv.:okay',3f.intankinn artt15 ovottb 4,77! ticivaitcat.tttt cf rofitaana; Vettetttdtmn anti oartren'.a-aohy tot. tichntnat riltlxntontn scretnnitfz Iona. vleaf thl„htlf. tett Oftleteditttlbvtt nanahfleal intkontfna'. that tad. hhatelt ttleirkhltt lltleletht Je.anonntt....; constfalctnjo Milhente,e, a Ct)Celfttll cTutoct:o ;:,,tkik wedints contantiattn, notn_tOta 9ifictt, toci.nott,,t .tandut.r, ,t4 the nata'. otoi alto vta,rne; coni.anntatnar. tf.stf ;co., otrna, ttochnictl inoterrto-tt,. ,t,:ttaen, totft.. Rrv, thftter. et.zn e ,nentnon. ,:n.nt,Itci,.?tt,ttone n V;;Ii-f.,' bf:41C'r tfffa„lift2 1,tfehteH foe foarannoctOnn tetetet,theft;totei, ehtietettellevt, ,t.lettlft tee. r.N ittOrtttevtttctd.,?a*O. cAt VA-;c,t htttelltettil tertil(t/thlthet hilt' tletited le) tfttltele en:Ye:tell. (erosion (e lfettiettee ettlfte, etet:et.hlt tiittrt lttllettelltlith elf Ste ht.., e.-,,thtteftt,,,,, 'tied tattrfle,,,,,,,t„., tie ,tlthelelcti lf,thll the .lt.tt-fttratt of tnAo.K. ntottornnt; fittT2T4'.,a ft-ntinotti otttotttitztont 5. Subdivision Standards. The following standards shall apply to subdivisions in shoreland areas: a. Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. In determining suitability the City will consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near -shore aquatic conditions unsuitable for water -based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision, or of the community at large. o. Subdivisions must conform to all other official controls adopted by the City of Lake Elmo, Subdivisions will not be approved that are designed so variances from one or more standards in official controls would be needed to use the lots for their intended purpose, r,x),. ,r,rdo Of hcAci"fif,.. MAKA 1,44 4,ctrt, 441k:47.d:_ 4?1, f1"1,4rs4414! 4,44e- tr'elthtlerlret.,,l-llet4e4itht-thrtt (44,4444.41,424:40,4,4,d14..,-.1.4,4-4.44,44,44., 4 4,44 4,4)44'414,,,P,f4 i4 €4, 444,41 ,3 U04,4,44414. 444 (ti 14,f,ltifiett 44,.:44p.4 i4441,4444ct .4,44-t4;4.;„?1Lit 1 'fleet het Cl.lt haLtttt..ahittP ts.t.D..ftel,C,t4,(ttli-tt:P4,,tht.htfhietet, C. itirerelt,ttieletr,ttltXt):l tl,t/htehtehlt, ( 'Hee, tl ahteet illeteett. ithite StAl t.Weett. ttle)ht. elthrl eet. frotat tr'k thClt UK:, tnalltfin... ndn 'rat font,ttanna: antanona ‘tentrotlf:of1 ehte teettellthel eetel teethe:. elf tellhethillt, thltle. fit tto fvf r.rtffif fff :45 ;thonnt "ono coo iac, n. tlttoltn, Comniented [7510]: Add,' 6120 3200 1 B. 6. Agricultural Activities. The following standards shall apply to agricultural activities n shoreland areas: a. The shore impact for parcels with permitted agricultural uses is equal to a line parallel to and 50 feet from the OHWL. b. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation district or the USDA Natural Resources Conservation Service. N 4:4 e '14 44'4 .474 -A IS 4', i,P,k1M4-t44.",:,....04,- ttett, tctsotorcii,N,P,` 4.4 ,Thini at rki, not ent towed i'r! . 1itt7e1jt13 locedletso cottorn(A,k,e rk:t f noniete ZV'e CO)ditiCA Ui.es nott diestontstotteto t odds-dee sectettlmtittt .Stattci,tatt: 1.1!",t be dec'tteed c ens tsten Witt) nttontsctitttejit ttdtAlttt,tttt., ZtAnte, }tett:ttdWts rrniss not t t nor cetctoact: Into trot etas tust ttet,cattettti no, t'ti jest' ccttlectr. k or the OWN impact tone owl rntjst not C:i3N.,Mi 500 ettentcaltitottLttOttt dStSSIktIt...titttItteetlttIttSdttttdItAt Stttt,,lc.tcttatt,t,t, not. cur entiy..ot Ts -tartan rtstet reconsteSS et nticte cetitAstertietttatit tttiottettotta Statute Stdstttlen ttettd 1 d. The use of pesticides, fertilizers or animal wastes within shoreland areas shall be done in such a way as to minimize impacts on shore impact zones by proper application or use of earth or vegetation. 7. Shoreland Alterations. The purpose of this section is to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent back slumping and protect fish and wildlife habitat, Shoreland alterations shalt be allowed in accordance with the following standards: a. No principal or accessory structure or use shall be placed within bluff or shore impact zones other than agricultural activities as permitted by subsection (G)+440,,ib). b. Shore impact zones shall be maintained in permanent vegetation or operated under an approved conservation plan consistent with the field office technical guides of the local soil and water conservation district. c. Intensive Vegetative Clearing. Intensive vegetation clearing within shore and bluff impact zones and/or steep slopes is not permitted. Intensive clearing within shoreland areas outside of bluff or shore impact zones and steep slope areas is 10151 51 s10(c,:r.,;( ".U,,;.^ • ' tint] .S1-41tict,etippitowteofe4tlet,enttenti, deld 0.1atiri,,,i.c,ottetttetAttitteth:t4tait.-ttdetsrittltdittwttt-t-.1Jet-t-tSttetted›toc-4-etttVkiearte3tutt1; r ("61,7,F • d. Limited Tree Clearing. Limited clearing of trees and shrubs and the cutting, pruning and trimming of trees within bluff and shore impact zones or steep slopes to accommodate picnic areas, trails and water access and to provide a view to the water from a principal dwelling site shall be permitted provided the screening of structures, as viewed from the water, is not substantially reduced and that the shading of water surface is along rivers is preserved. These provisions do not apply to the removal of tree limbs or branches that are dead or pose a safety hazard. e. Grading in Shoreland Areas. All grading and filling activities must be in conformance with the Wetland Conservation Act. Any grading or filling on steep slopes or within shore or bluff impact zones involving the movement of ten (10) or more cubic yards of material or involving more than fifty (50) cubic yards of material elsewhere in a shoreland area shall require the submission of a Grading Permit. Approval shall be granted only if the following conditions are met: 9 Commented [DP111: PiA rules Ir, INCAV mare r1t11ok,0 mrvi supersede the shoreland PI:A rule, profOuil nfw, foKlIols 71 shoreland n.o 350 Inot.ettrar.1..aild W.!111 pr.7 zone are no lorlo, reltprant. P5151 OK, 11,1 IJOw n10clificarlop tu 1,1,1011 tomflots, 0 re,u,optlo,1 of old 1,,,c1515, Pt,E 51 rule, 111101 0ouk1 need to he pi oo”:,,c1 J.> ccamlitinnal uto,*. It the›,, Auanoru could apply tri City. tugged uNIng UIII oguage, Commented [EB12]: Tills has been moved to the Forest Management Section C.F1Orii -,,s1f;A: of I-. 4 93.1110.41 ffhinff-ff,..% ii. The smallest amount of bare ground is exposed for the shortest time possible; iii. Ground cover such as mulch is used for temporary bare soil coverage and permanent ground cover, such as sod, is established; iv. Methods to prevent erosion and trap sediment during construction are employed; v. Altered areas are stabilized to accepted erosion control standards; vi. Fill is not placed so as to create unstable slopes; vii. Plans to place fill or excavated material on steep slopes are certified by qualified professionals as to slope stability a; fl fi,cfa; 1;s ; viii. Alterations below the OHWL y:?q,„ by the Commissioner of the Minnesota Department of Natural Resources per Minn, Stats. § 103G.Z45 ix. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the OHWL and the height of the riprap above the OHWL does not exceed three feet; and x. Alterations of topography shall only be permitted if accessory to a permitted or conditional use. .14 ,4f.,e6,,, .44 eriF 0E4it'4,)4 41paC4 , fr',6 1.->144.-k'”.•::,..,44-:€4,-N,3,?;6.,- 4401,01F, rC,'t ef,11d1.,, ssif iff,fffrtf;cf. f.f; rors.1'.:fs; ff's LIff.A Cf. d Lhi-2fcr ffs&f,s; f;fifp,f,Eff,ta VO4.Plit,zry rfflf.fifffs-offl ,f),,fsfs.,;,:cfff;w:fyil c,1i tle.7 s es_zA rcE, CKCS 6i ft; ,:Cjf,",j',1C,6; Oi ',.'1:1f.PC;fr: 10 Commented (EB13]: rind a, they iliJte Aoruloth inir COO. ! AA fc:r Lkto - - - --P f14.V.;E:re4;e 3,4,9 • 4.,P .4,44444Y 104--.4k41,4 9, Stormwater Management. Stormwater management shall be in accordance with the City's Storm Water and Erosion and Sediment Control Ordinance (S150,270). In addition, the Minnesota Pollution Control Agency's Minnesota Stormwater Manual shall be used as guidance. Within shoreland areas, the following standards also apply: a. Existing natural drainage ways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain storm water in a manner consistent with local watershed district rules and regulations before discharge to public waters. b. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, and erosion potential and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as grading is complete and facilities or methods used to retain sediment on the site are removed, c. Use of fertilizers., pesticides or animal wastes within shoreland areas must be done in a way to minimize impact on the shore impact zone or public water by proper application, d. New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. 10. Private Utilities. The following provisions shall apply in shoreland areas: a. Private subsurface sewage treatment systems shall meet applicable City and County requirements and Minnesota Pollution Control Agency's Chapter 7080 standards. Publicly owned sewer systems shall be used where available. b. Any private water supply to be used for domestic purposes shall meet quality standards established by the Minnesota Department of Health and the Minnesota Pollution Control Agency, or o o !:)",0 Eq.° COdc, 22f M.04):fs2„,.L.?2Depa.;..lin-wIt ,.$,Lpe,tr,44)0,41 ' !Et,' 049 .411- i44 ; 11 .4.. Pt P-4-44.4'0.333477,774t1.7,-Ct-7.774.7` t7t4-47;77,47At,.7:- 77A7i4.7-7t7i47t7i5.4t,r-4,"710.7tv'4f.'7,t7,7.,77777.77qtt7r, , frse4sstassissatsts, asssitsssasssSsatfass iss4.4k-statstashthststSthsSassrssas,stetsstssfsaststs-qhsassyssa,,st shsrassts- issf.04,00.kst.s. tastasHathattshasssirisssas otl.,•.71)44...tt7tt'7141.4.7t7t7t1.71,77,7,7,7 47.t. 7,.7:7,7tit.tY.tt.,07.i V44.-------Ai7014,77E:t,-ilt-L-it7t7t-cts-ss,ssiSss4Rsts.srstsastssatstssi ..tststsrattsats-stsahssattsisstsstshe shsissstattsitltOtt..?7.t t7e77,74.777)..t.lt.7.-7 s S, Plans s?cr,s sSassi,t nava toss -rash shsifSss, Put "3444Tc44.1 4prtpeir..4 assatural tarsi sash:ass casstiassts shassassasiana ;torahs, dotsarta Fier siehas,,a0asassast sssati arlstssetcstass sera, sst Stssah sisstsersit, C-CNiat.jt:47 'NUT; trtnt7t17.t: it:.tt..StZtt St73,11c.1-7rd17.o Tb1e 7 3 0,, A.tw, cuti;PP.'30,-.43 ,M34.40 if Lhe DiDetbseD7 sn srsss Sot:hors ass, mesi PrUCet,t7i.itNf Pt)0"7, Ptar..114t•rt t.t,„!:75,77c7,1 af,',7777+„tidt71?;. rtrCt(etd.t.tti:tt7 ttl St'f•Ctit,1,7 t7117:` ,stssashashs stssas a.ad istrishhass .ssassg, sass:a:haver ss stsara ressaarassihsrts. hshassis)stssa sststrassaa. sscaststs sassishs stiscri.scaassta stahssassishentsa i777"Itt?t,e-.7 i7fe stsassarkstss. A;saircassiors ssso,ssa 77/1.?. stspolscass's sass's! a PULS ,issAs.ss hutsssrsit. thrs itssassystrisst, dassustasarria arcs ststs finals arszrar, cas thas assaitss,saiors ,tathstas p4f44444,p,4447"'S:y 2,4,mor4, .;44,44.;444,)44:4a1.44,44444:44 ,4gi?,444r44144,4441,4,4444,.444444!„i44 444141444d,41.41414 444 14944.44:14b444,444SP:44P:444 4:144,41-44 44444,4404444454,4441414: 440114444444,44Li ji4' 41414 (4i t1i 4.44:d11:443141.144 r7,tt ett77-7107,,,,ctt c..rttt,e'ittt',Itt,t72"7tr t7t. tft5t'rtitItItt'W. . tttt.t.y'e shats.sa..stttas„, sststsi ossta ssasalsh... st-suans, casshartsrains tt.'71tC7t-.C.“7,ttt., t.ctt"1,.t.rt.Itrt DDDs7 issqsiSdsrasts rshsistlassi.Sas, ssrtel s.ss f„sttistutsjLttssts.ststssts"siss)ststtztsttssiStsysts.,,,sast,t,tfltultti,t77,-722,77::.i>7tt f77 ttl ;7!"tt,,t't.."1 . 471.1k,'7177 t.tt7'•(.ti+Ott"ti 7t Of this .h...srfs9:Silss.SfIcf" .0,sarits.s Data rras arahara or +7,,,:1;-6N'...a,...qcs rs"sitssts De es aSustishscss st)stint,...S.Stast csAtssts,sissr:, , ,Ds7Deri sADDieseAS Tr:sass DissarS r.b be'. Ds D-7; Deee7S !es sOlDshtssItssa orso sar ractra 'arras, spassstss sass L-ash ishsf s ishattss sts.ss fasiSatasaas inscsatasts, ISN)ceedino. iassasIsstasd. t'7.11.711;Ve iltit'tr3it8tit.Nq IfyLti;ar,„, ML4 vri>r ftl '..Ltf‘Petptn,t 'PPJ27/ 4,2 sst,s.„ stssutsisssattss; std.,shsststiss Atha, tass.sesstssarstssa. ;7iitttatr.ttr.: ass sts,„sthss „st,stot thstasarts stssts.ssjs..,ssfissysts,Slissassstststatsissists, stsssitsfsts, t1j3ph P414-.4 1,344:3- (40Pur, 12 Commented (0P14] P S-o,‘ It Al lid, I 7 Commuted 1E8151: tpu,t pputt4m,mtt c777,,77,7,111t tret pt,i74717-7ti t. dfrei fUt$1te v,777t77t7x1177-7, 3fir1 topugt.47/7,c..iltt7;atiott77, f Ifl`A I' fiffI b1111111n71 taut 41 psssIlIAMN'It eitetilttot vv711 h17771y be required °earl:men space areas. 1 . 1(1511151 11111 111:1, .111100 sti 310.t 0,1111111 1,03Cliz "i„ 1,11111( Frkirpr,-1,trr, „dr 01.011.11,11 3,11 .ii„1.01,311013,1 :01110 i.11 (31,30(3.,0,0, dor, rdv,dfd, a sped Hri PO)d oor,cf tdrdd r.d.lcdtd. f (1163( (11.1 1/111I1,071511,11, _ 15,1113k101115 (.1iC1 115011 i111131 101711 111 511117 r03,113.013(it311,1311.1.1(71(1 1,t01J111 (.1(3. $37,1A,300„,)(5.1IT,I, OW, 15103./. 11151 13i: (3' ii1151111131.11 1,11; diTsi 11t111,1311 C15/10 13.0111e1 501.1t/(11(0,11,10(1. 11 rouritt ii150( ...rridrIo,),:r.t ()/(ii_dop, 11 ttor 111 S531{1 51. 111011071111111+.3 1 1 11110 1,1111 1131511571111i5d311.5,0,.. i333(i e„,(i3 t3.11, .P13013,3(0,7, Trd., mod L-o.vdt..-' dor do dd.:or:v.1,r. cororrOrd 01011011 [dydd:ordd=o; dod: d.rdroddo. disdd zrd. dold.."! , 1111(if 31 711(11 tud.dirro soiirdrod.; ?; oro 0"dr ord.'r.,, tdor ddcddrroord ,d,rd iiroodor rdoon oorfddro'.4,1 51711004 (( 7 ^; 11,1i1,1111Z.,1_,/11Zz 41Zo4'ddioiOddor.71 7711 1/10111,1 /1111st t.Ndr :-..d.Oldorr.doir.„ irdo..d. d co:or-rd. 11110111,0 I 1151111 i.11i1 -01.0111111,151111 -',121.11111.11111k (Odo-..ddo.1070 Pdsr....d.: 1117 ro/rdor ts210033.3110 (17:51301 .5;11110 '1'11 1. 1110110.11711 11/1311.71 St1.1131.1113115„, . t(111,37,(1,71 191111i 71111511. 1515 1.1.1.1151111r01v1_111,111,311,133 1101/10.1 337011115. F1i1111 001011101(1.1 30111111411 111E105 111/1 Vi5105111 15110 /1111. 1107101i01: (.0171 WO 111 1501 (11.1,111111101 .11110(mc.:Akod 111,31:1.1071 diroorod.d=d)j, cdtiroer tro....dor• for !rd. os 1,71111.1(, 1( 17,d. e ror.dorodrodro lordidOodo oced.',.rditzod Iti1/1 11151711.311 °11, 11111/315 1(Lt11(013210(;,t,?i . oo 3 LI L00,1, 111111i i-1ori11.1,1L.„01, 1ZZY,„1Tr1 l000dodiddood ddr0010 odd:Irv:dr:Ad ,..00dd&do. tord.oddifIddd iniorrxp...`..dod 'j,,,71107 OnYji t.191,e Cjr nl F.Sh iddl dd. 'ookydo., 171511.01,11i11113 111 5.11.111.111,011111, 11151-11113. (1113101. 11t 3.145 1111(311 t0:37.1,ii 10 111i,s 0.313(1 01 301331 1,10111s. 011 11(0 110 0110 1.PZ:0,1/1, 1..10l0100,, 01 "01C101.:11. ,1".15'.11j,111P1.1., 1,; r..d.dlo..ordord or of 0.11'1!'!1; p."q"111.1' raY k10,1111'11:Z1,:cr. 10 _ 1,111,1,,ti,EI1,11111.1511.1, 10111116,1, 17ti,z t 110113 , 1113110dIrt1,( diTioli dor.5 td(ii ddirtins, 11i(17i,It ,171,11,501.1t11,11.11Z1,11(i111,711,51,,'iz, roo'o rgoro„dod.(0.0 crf droLcdOdo drds,,ddyrdod.rdrd orood 13 Commented [E61.6].- Are riparian or tiondparian lot size standards to be used? This is obvious for and 3" tiers and so on, but not so obvious for le tiers, Commented [DP17]: Use riparian ler areas for 1" tier, If there 1 if, no 111 tier (e.g. development is In 51 but contains no riparian land or there are no 10l5 In the 1" liar) Otherwise, use nonriparian lot I oltns fo3all other tiers, (1,1i Commented [DPIE11: For lot or, of rivers, Table 17.3 refers to underlying zoning. These C411 range widely troin veal! to we,: lots, \ however, lot widths nert to a tributary are fikird. What are the resii133 of a minimum kit size of 7000 «f and a iedulred width of, say, 150 feet - lot depth of 47 teet?1$ this pt actical In Lake Flmo? — Commented [EBI9R18); I think thi$ is something that would need id he reviewed on a rase by case basis The. diinmpie does not nail, vitiate dml will have tO be clatiied by the MNDNR. Commented (Dneu): since the city specifies lot area for river lots as "underlying" 7oning, this sentence can be removed, Table 17.3 includes the minimum lot widths, so removing sentence ijbablybe1t td eliminate contusion. Commented (EB21]: I'm not sine l'rn taidei3lantlitig Mud this Is saying ruriecaly. 0104 yOt, nioall dtviti, the uriderlylnrl mning districtsminimum bit ineol bv the 51 t donired minima,' lot width. How No reading kis: Min Tier Width (Dues this mean 267,100, etc- (Tier Deptil?) / Min tingle Residential Lot Width (of zoning detrict?), Can you please clarify? Commented (ttP221; o),Of., the dily envisions hotels, resoit3 741 731111.141,1111ti7 40 3horeland, Mkt,/ nrisvisissis 14fE11,1(1!... POS 000aocl Aftd ta,PM t Commented OP23): Cooristent itsisting POD spa,. 0 Commented [DP24]1 !intention fiti this, ...... Commented [E825R241: !included the definition from the previous shoreland ordinance. 1 Commented (JS26R24]; hthr 54-°,,,U: be Dricirkiiiiirkol Difrirril Cleft Dirt,. drift:A 'CST DAdfiriii. ifitlident ; Y.T" tbb; obbirbbb„by ',VflOiriti in:tiro-re iiTii rictitittStriodyiffiiiTtyrOrrincii feriyit Tit riPiiirtdoir.. fiDffirtiTyitittf ifit ft 'Di:Tr:nit; it tit' dirt cot AiJr;; bybr.r, LT.T f ft toff kir Dirket fair to nc, en:Jr:kit. Trion,: Dirdiftitiedstri„ ST; Tirid Yos it ri psis. onsof r,,e? P`,..0Y6 „trdq,1 ifrosifir. -shoe !stony -Ss, oficynyisi fiiffirAfiTy'firTirfrs . 4.YrOt . rbust.. y bbob' vb.; c.brIbbTyrbn Praia, 'USD f tkri TAO „i SOCt.iii, Pierian itrIcirsri ."-)r eithir if:fob:TS:11D ;Odin.: coridi fir do iron 1ST ik ir.rtitritriDdiT rick, itrdrirOd. irytt; TiiipiTort d-br, ,fry;,,IY.T: TysTA -,tr-,1 rT;,; iTbbm ybb.Tbv-Trry:T.,.bbe 71DT, SfrOrkir iti riiirtkrk T tit ';:brhtett ..!btte.:tt friCie ittf Doi DT-TIDO fitikr.fititif k:riri si LTD, ini rfair irrict OnOtitifik TODD ions StrrititriDiit SVOtOriirk. ',TOO Daft 'riff:D.:Si innrd CCTSCrf ar,0,c!fti 11,,ry tirifrrffdD. b,.T„Lblibs iter, 'trot/ff.!: DO di TODD %TIT by ilb`b'sbb ,Dr tb/tY T b.° bbyTb, sYTT,by- baT rKrbp2bb ,bbYN-b. iz„b „ itd iiitrirke OTT isiCterTio, ODDS!: Dir. firrter Toff! 14 Commented (E027]: 1 his is language from the 2011 oisllnance amendment. Commented [EVE* Th. was added to provide an option for developments to which sewer is not available. Commented (EB29]: This wat adtbrd tient our 2_014 ordinance. ICommented [DP301: Those knekioric, or senility mos- be ottier Pint, et Ore rod, it set they miry his roc rattail, if these evict, r foalet hod them Commented CE831R301;h 10f of losr ',sty< this 'aweigh in, pert ot the Kilt Ordinaries, . Open spoor, too It tarDo at inert Top; ot the tooject tries With1,1 street iits of to tined be preserved as pi ic toiled open spry, cattier public oi cite amenities maybe istifensiNt u ltonjUve to thi•,,,,i:etniant Any Toe, must be atoritablis to th,tt, tencritd or customers of the flint o rem eatinnel too pose, Or benota, Lod reserved f t storm coati, detention fosiliftes and other required site improvertirekts may be applied to, this moon einent Open code tibial be designed t* meet the needs' of fentionts of the Pi.10 foal ries carrocroating neighhot hoods, to the extent practicable, for look, playgrounds, playing fief/sand other recreational treadles. f inwriver, hoc once this does out rook:illy restrict commercial facilities ni lots, 1 dinar it Pact to Porn it in here. ta00 and scone language nod allows 'Too inviter-kir detention fek Tains find other site improvemeiiis not priairibiled finical to be located In oven space. Commented (EB32j: This vans added from our 2014 ordinance, l Commented [DP33): these procikircho or fainter , annelid in 1 1 other teat re the code it to. they iiion t io or ,,,0tat,10 00 th,,, ,,j,!, i i smarties find them .. •N ,ovrU ,27,0-rt; dDpit O crdzp-d-Q.,pn'ay. ---- Pr m Comented [E834]: This is the exact lancuage provided in regards to open space preservation in City,approved 2014 ordinance. „ 414 i:i rid di; pi" ciP . Pri Li „kid Iiitt'd iv:if ; c.9.7 ttehr.i Commented [0P35]: Those provl,iiin% nr may Po in other parts of the code. If 50, they mav blk 4( ,,V1.10i,le, If Mete .reet, fr'ert.teft:P7hthS eettehhrife 'het P.P44i, find them. cipir4i4ir DAP 44.:" dipc ;-,v„dd, app i corisnv:dliv C44.444 ik and 12. 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SECTION 4. Adoption Date. This Ordinance 08- was adopted on this day of 2016, by a vote of Ayes and Nays. 18 Commented (E13361: 1oc1,101 thh, but also a,I0!d sub:in-hose sewage 1, eattrent system to t)vsl.inetiage. as I war tud to doily for the le.01115th,,t riot know the MN roles that the cerlifivdle compliance was in regards to SSTS, not just any permit nr variance. LAKE ELMO CITY COUNCIL Mike Pearson, ayor Al 1E5T: Julie Johnson, City Clerk This Ordinance 08- was published on the day of 2016. 19 From: 10 Subject, Datm. Attachmeotm. PE' 5"Momtamt,M5.4icabon Tad, cm.,;mm: 14mmm, Alf01.151 Ztara 1...!-05 f1,1 15,-„ 45,qy eMm. I.:IL '55 resatnreful.na From; Elmi./ ,Drgi Sent: Mop loa ATAEoTo 01 2016 1/.35 AM To: P, Tipr000 ATIParTADTATTPoP Subject: PF„ThorM.M1.;1 03.35ifIcatvP T TT:A-pap-A- L00 From: 11 Sent: j 1-58 Subject: i -A,TopTAAT TA:ATT4Tat ,Tt) HAM Front: sass -Tee To: twth Cc: wenth, en'nhnen Subject RE Snoreland Casse.Cetten Table Question Dates wednesday, June 29, 2016 1..1009 „lender Sorensen. RR Palk --East Met pp 31rea pki tit py-f().ogrst k aria Ltoandajiity.triaaiii.ti,. ONR, awaits: EcTst pop,I ao:),Piapp Sep, pcp:.! 5t. Paol t ,61 j jeryfor From; Emily Becker (mailto:EBecker@lakeelmo:org) Sent: Wednesday, June 29, 2016 9:99 AM To: Sorensen, ]enifer (DNR) Cc: Stephen Wensman Subject: Shoreland Classification Table Question Hi Jen, it appear; on the EINR webaite that there is a discrepancy between the Lake Shoreland Classifications List By County ard our Shoreland Classification System. Namely, the following 8 lakes or rivers are included on Lake Elmo's Shoreland Ordinance Shoreland classifictioo table that are not included on the DNR Website s lake. Shoreland Classifications List by County table, - - - DNR ID # Ordinary High Water ame Location Level 150 Fr Riparian Dedication Class Required thin 70 IF :In, Ye!. You're correct that tills waterbody does not have a DNR sktorelana klassilicatotirt. Thi5 -.,,,lepbody is not reqpired te included in the. Clty shcapland ordinathie. ppil.erbody yrasn't listed in the Cloy'- 1997 01 131 310Oast serston approved by DNE1 and don't haste any correspondence with the City as to why This watekloudy was included in the. shot eland ordinance, If removed, weterbody tand stirristindatid pc:shanty eTh stnt witihio t000 shorpland di,trict Po,nt Laip: 132010900/ or HT fiR),V11 Pond l9201 t1001. Lots around tne. pp,Itertod, Sec 26, arp mthip shoyeland district but riparian iota wouldn't 82041900 Margaret T29, R21 NE No have LO Ineel .;florpland setbal, stprplardsp All pPblui water,:ok.Pp.,shavp a 51101e0and clasaificat10£1 . there ppli. a table on DiaRta wehalte tetlind thie alisielond clop,catlarr, e.dch watercoursel. This Use this Raleigh -,vaterc,rui-,e segment is CP,)5$illed4 tribtatarc. All public Creek North Sec 16, 21 watercourses haye a 300altoreland district on ttidch side 'DEIR ID, (to Eagle Et 27, T29, wptercour$P. This waterhour5e -should be in the 82016a Point Lake) 921 T No shoi eland ordinanys. All0 1 watercour SeS 4,14. a shot eland cla-/sificat.ipn plopeppr, there /sn't i.dble Oft ONRP, webpte N/A Raleigh 5i1Preland clapillications etsch watprco,Jr5el. Tim Utip th),,, Creek South ,rater-7orirse r,egir,ent daWfipc: tributary. All public DfIli D- (Eagle Point Sec 22, 23 vrFitc•rcourres have a 300' °.,hr..reland cfPu'ict Pach slide I Lake to Lake 6227, pc the watercoul se. T04P. wat.Picourse shOtila084P S20163 Elmo) T29, 921 T No shoreand ordina,3ce. copPPP..l: that thP wa?,,rbor.ly, ,1nn5 not have a DNP ,P.3rpia,1'-..1clapdficacipn. This v,Pterbody plp; recppra,/j to inca.pled in l;hp City ahuretand orihnance03 don't hDYe' 3ny currppponden4,,,, -pith the CP!,- as to why this watertsoshe wa5 inchisTST in the $horel,ppd d,nanCi,=, Th Sec 12, 41 1 0t Oited ir; CV„V'',; 1997 pp.inancP tlzpt 82031300 Unnamed T29, R21 NE No ov eti D N 82041700 .unn8m1111 149, R11 110 Tnt 5.154 *St the iTsis wnterhody doe,- not iitosia a DNR joist eland nlassihcet Isc. This shstsh tett 1st 0Thirssh,5 inciadari 0 tar. Cra, e,ehe.,,eze he, The: Sec 11, w. tie": cef', t997 82048400 Unnamed T29, 821 NE No siAm Ao col bia 1,NP piittisc 'OVA trice a brio . titke tiitortaiarici iaateii Till, N/A Adieu:ow aa- Aii Li.tiie 04,;fiaeit edd, ,D, Unnamed to Sec 33, or The urer:ite, ,Pit,e{1-0.0 tae va-ia .320"i Wilmes Lake T29. 821 T No i(e publir: eetteirciai.traies have, a shoiiiiiiiand idarearbsecion menvioricar kil"t taiitiiie DiaiR is alto; eland aliaitaWiteatiorei rhit tiiaterteaarie irilettilievi taia N/A 3iiirtai1 tiaatier awe cif Nate-it:curse. Tnit, wattarrieurse be 'PI ;D: Unnamed Sec 25, Olditl,::oc.e. Dart tif (-hit water-a:out:at. Cis. 10 once 82D1bia Tributary T29, 821 T No ion Royei COLWPF..q, Also, 82011602 is not listed on the DVbs sable (listed twice is 8201160.I on the DNA's table. but this could have been a typo) 0 1602 Armstrong (south of CSAH Sec 28, T29, 821 1019.3 NE No 'Nit ware,' body siac-iareiriii, Eilini)ie shot eland cirdiaaricia since itee, OlaSkk? Of the CP,y )ilt1;. Tharti,t for notisn the correction that neieds tie faia made Dtiat 'a shortiaitit diast_ificaticiin 820 )601 stmuld bei Co aiii,ofet-land ordinance ;Arms), ong Elershen's or (ID 82010500), however, IS listed on the CNit websiteIs Irst, bLd is not on our table. caw, itatt. 8)010500 ha:, a Naiieral Er, iiitemaiierit stioreiand Thia tqatortinekii.tihaijiti lir. the via of-linen:re, vros in the Crtv's )902 ricrini.orce; dari't have any cite: espiaatkeaiiii veidii the City -an why it was reitriovead from the seictreland ordinance. y,atellaoltia the C is shoreland or dmance. Ple.ase advise it these lakes end rivers are to remain on our classification table, or ft solassificabon system has been updated and the above lakes or rivers can be removed from our Ordinance's classaircanon table. We have had a request to have them removed, so will need a response to give, I CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2017-011 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-166 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-166, an ordinance to amend Section 154.800: Shoreland Management Overlay District, of the City Code; 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 Clerk shall cause the following summary of Ordinance No. 08-166 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-166, which amends the Section 154.800: Shoreland Management Overlay District, of the Zoning Code, bringing it in to compliance with Minnesota Rules Part 6120.2800, by amending the following: The Shoreland Classifications Table is modified. o The following waterbodies are removed: Minnesota Department of Natural Resources (MNDNR) ID#s 82041900, 82041700, 82048400. o MNDNR ID# 82010500 (Berschen's Pond) is added. Forest land conversion is added as a conditional use, and standards for this use are set forth. Changes were made to the Shoreland Standards Table 17-3, including increasing certain minimum lot width, lot size, and structure setback standards; adding standards for lots containing triplexes and quads; adding minimum lot width standards for unsewered riparian lots and nonriparian sewered and unsewered lots; and maximum structure height. Standards for lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions were added. Restrictions on roads, driveways and parking area, as well as steep slopes, were added. Additional standards for Planned Unit Developments (PUDs) within the shoreland were added. The non -conformities section was revised to reference State Statutes, Section 462.357, Subd. l e. Standards for surface ‘,vater-oriented uses were added. Administration subdivision was updated to alien with Minnesota Rules. The full text of Ordinance No, 08-166 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: February 7, 2017. ATTEST: Julie Johnson, City Clerk (SEAL) Mayor Mike Pearson 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. lZ M/S/P: Williams/Dodson, motion to change Item (0) (3) connectivity on page 14 to read "Trails, walkways and paths must make planned connections to planned external trails and walkways and paths within the community, Vote: 5-/lmotion carried unanimously. K4/S/P: Dodson(motion todelete Item (0)(4)nnpage l4regarding street design, Vote: 5-0, motioncarried unanimously. K4/S/P: Dodson(motion todelete Item (0)/4\onpage 14regarding street design, Vote: 5-0, motion carried unanimously. M/S/P: Williams/Dodson, move to require that the restaurant and drinking establishments must be in the same structure as the clubhouse and golf shop, Vote: 5'0, motion carried unanimously. M/S/P: Dodson/Williams, move to require the clubhouse follow the city's commercial design guidelines and standards manual for Lake Elmo, Vote: 5-0, motion carried Williams isnot infavor 0fincluding the semi -transient accommodations without further definition. Kreicnerstated that hedoesn't feel that they need todnthat now, VVensrnan stated that this would be the time to include it and get the definition set, otherwise they will need todoazoning text amendment inthe future. HandtsugQested that they could table this to the next meeting which would give staff time to draft the standards There was discussion regarding the 9000 square feet minimum lot size and how that number was arrived at, M/5/P: VViUianns/Kneinner, move to table the addition of Golf Course [ornrnunbv Zoning District to the Zoning Code until standards are received for the semi -transient accommodations, Vote: 5-0, motion carried unanimously. Public Hearing — Zoning Text Amendment amending the City's Shoreland Management Overlay District Becker started the presentation with some history regarding the Shoreland Ordinance. In 2014, a Shoreland ordinance was drafted that was modeled after Woodbury's, It was submitted to the DNR, but the DNR did not approve it. In I016i staff started working to make amendments tosubmit tothe DNR. Definitions were removed, 4water bodies were removed Berschen's Pond was added, and the language for water oriented accessory structures was kept. The DNR suggested that the City include a Forest Land Conversion aSaconditional use with standards. They also suggested deleting the riparian dedication, changed the setbacks and impervious standards. Standards are Lake Elmo Planning Commission Minutes; 1-9-17 13 addressed for lots intended as controlled access to public waters, restrictions on roads, driveways and parking areas and subdivision standards. There isanonconforrnideo section and a more detailed list for the planned unit development section. The proposed ordinance for a PUD maps out what the open space can and cannot be. There were Zpublic comments received, One comment was asking for anincrease 10 setbacks for sevvered development on Natural Environment Lakes from 100ft. to 150ft. The second comment isrequesting that Goetsche|pond not bcremoved. Dodson asked ifcommunity septic ixconsidered sevvenedmrunsevvered. Becker stated that byCity standards )twould be considered unsevvered. The DNR might have a different standard. Dodson stated that the proposal states that when municipal sewer isnot available, a community septic isrequired. |» there aminimum number oflots for that? Becker stated that by City PUD standards, a nlininnurn of acres is required and they would have toadhere tothe minimum base standards ofthe district. Williams would like the wording regarding the requirement for 50% open space more clear to say only inthe shnre|and area vs. the total project area. Public Hearing opened atll:]9pnl Ann Bucheck, 2301 Legion Ave, she is wondering how much of the shoreland area has to beopen space. Becker stated that they spoke tVthe DNRand they stated that itdoes not mean the open space needs tobeinthe shone}andarea and that itcan transfer to anywhere inthe project area. She |swondering ifitisrequiring city sewer. Becker stated that with a PUD, when city sewer is not available, a community septic is allowed. Terry Emerson, 2204 Legion Lane Circle N, went through a few of the water bodies on the list and anumber ofthem would not meet the ordinance. Hethinks there will b2a lot ofissues with the current homes onthe lakes that donot meet the code and are going tVbecoming infor variances. Hefeels that changing the building setback from 100 to 150 feet is a little excessive as compared to the lakes that are already developed. Public Hearing closed at 11:56 pm K4/S/P: VViUianns/Kreinner,move torecommend keeping Goetsche|Pond inthe 5hore|and classification table, Vote: 5-0, motion carried unanimously. K4/S/P: VViUianns/Kreinner, move to recommend clarifying the open space requirements for PUD: open space must constitute at least 50% of the total project area within the Shore|and, Vote: 5-8, motion carried unanimously. Lake Elmo Planning Commission Minutes; 1-9-17 14 K4/S/P: Williams/Kreimer, move to recommend approval of Ord. 08-, amending section 154.800: 3hore|and Management Overlay District of the Zoning [ode, Vote: 5-0, motion carried unanimously. City Council Updates — December 20,2Q16Meeting i> Boulder Ponds 2«oaddition Final Plat and PUDextension —passed. ii) VU|ageAreaAUAR—passed. iiU DiedrichPropertyzoningnnapannendnnent—passed. iv) Comprehensive Plan to meet population targets and growth plans — forwarded to Planning Commission. v\ Moratorium ordinance —repealed. vi) Lovvinnpactdeve|opnnentstandards—referredtoP|anning Commission. vii) Noise Ordinance —failed. City Council Updates — January 3, 2017&Ueetng i\ Hammes Estates 2"uAddition Final Plat — passed. iU Planning Commission oppoint/nenbofGary Fields and Dale Dorschncr. l. Upcoming Meetings a. January IJ,ZOl7 b. February 13,ZOl7 Commission Concerns Meeting adjourned at123Opnn Respectfully submitted, ]VanZiertnnan Planning Program Assistant Lake Elmo Planning Commission Minutes; 1-9-17 Emi!y Becker -------- '-~~ From: Sorensen, ]enifer(DNR) "lenifecsorenseo@state.mn.us' Sent: Tuesday, January lU.20I7 I33 PK4 To: Emily Becker Cc: Pethk Daniel (DNR); StephenVVensman Subject: RE: Clarifying Sewered/Unsewered Standards Emily -- MN Rules 61203808Subpart 8 (Z) (a)state that residential PUDs must be connected topub|ica|lyowned water supply and sewer systern, if available. Long term funding and maintenance of a public sewer systern is anticipated (governments stay in existence for a long time), With a community septic system' there is that same need to have long tern) funding and maintenance of the system in place, As long as the City takes measures to make sure that a community septic systern is funded and maintained, and as long as the system meets MPCA standards, DNR could consider the use ofacommunity septic system inaresidential PUDasmeeting the shore|andrule requirements. For example, the City should require, as part of the approval of a community septic system, documentation that an annual escnowfund is set up and will be managed to provide funds for long term maintenance and replacement of the systen). Re��rd/n�VVhi��Un�VaUey�DNRdoes not have documentation that DNKreviewed and approved the VVhist|ingVaUey shoreland residential PUD, and we don't' have documentation that DNR approved that lots within the development be considered sewered because they utilize a community septic system. Do you have documentation stating this? if so, please send me a copy, It may be that people assume that it was approved by DNR because the development went forward. What came out of the 1/9/17 public hearing on the shoreland ordinance? Were there other questions? I'm curiOUS as to how you think the ordinance will hereceived byCity Council on2/7/l7, Thanks - ]en ]eniferSorensen East Metro Area Hydrologist (Ramsey and Washington Counties Division mfEcological and Water Resources Minnesota Department ofNatural Resources llO0Warner Road StPaul, K8N 55106 Phone:G51'Z59'5754 Email- ienifecsorensenP_�ta!emnvs From: Emily Becker [maihn:EBecker@|akee|mo.oqg] Sent: Tuesday, January 10,2O171Z39PM To: Sorensen, ]enife/(DNR)^jenife/.soreosen@state.mn.us> [c: Pethk, Daniel (UNR) <Donie|.Pethk@rLatemnus> Subject: Clarifying Sewered/Unsewered Standards ]enand Dan, Pine • n s 20 10500 Berschenis Pond addr,A) 82041.900 )()te rn ved ) From: Theri Wensman To: Emily Becker Subject: FW: Retain Lake Goetschet (82031300) in the City of Lake Elmo"s Shoreline ordinance Date: Monday, January 09, 2017 1:52:07 PM C.-it:V(1d I ';,1 7 391.1 From: John Hodler [mailto:johnhodler@gmail,corn] Sent: Monday, January 09, 2017 1:24 PM To: Stephen Wensman <SWensman gakeelmo.org> Cc: Larson, Rolf <hhalver@gmaiLcom> Subject: Retain Lake Goetschel (82031300) in the City of Lake Elmo's Shoreline ordinance City of Lake Elmo Planning Commission: On behalf of the Fields of St Croix Community Association (FoSC), I request that the City of Lake Elmo continue to cover Lake Goetschel under its Shoreline Ordinance. First, in the past few years Goetschel has increased in size to ten acres. Therefore, it is now a lake instead of a pond per the Metro area's definition of a lake. Second, in the past two years, the City of Lake Elmo approved using Lake Goetschel as a storm water overflow basin for the GWSA Land Development LLC and Robert Engstrom Companies developments located in the watershed immediately to the west of the Fields of Saint Croix. The impact- of storm water flowing into Lake Goetschel from these new developments is yet to be determined and is of concern since the lake's outlet exceeds the 100 year flood elevation. As a result, Lake Goetschel is more vulnerable to development both within and outside its current watershed. Fortunately, Lake Goetschel's shoreline and immediate watershed area are protected by the Minnesota Land Trust. Ownership of the lake's shoreline is shared by FoSC, Tana Ridge Community Association and Robert Engstrom Companies. Presently, there are no plans for development on its shoreline. However, recent experience demonstrates that developers can obtain approval for developments in areas that were previously offlimits. Therefore, please retain Lake Goetschel as one of the water bodies covered by the City of Lake Elmo Shoreline Ordinance. Respectfully, John Hodler John Hodler, Board president, Fields of 5t Croix Community Assoc. (c) 651 343 4638 u.aoD-HutaSJaipoquyof crrY (.)t, LAKE ELMO STAFF REPORT DATE; 2/21/2017 REGULAU ITEM #: LU MOTION TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: 3549 Lake Elmo Avenue Zoning Map Amendment and Conditional Use Pennit REVIEWED BY: Stephen Wensman, Planning, Director BACKGROUND: The City has received two requests from Christ Lutheran Church, ELCA, of 11194 36' Street North: • Zoning Map Amendment to rezone the property located at 3549 Lake Elmo Avenue North from GB -- General Business District to VMX — Village Mixed Use. Conditional Use Permit to allow a parking facility as a principal use on a lot. ISSUE BEFORE COUNCIL: The Council is being asked to consider a request for a Zoning Map Amendment to rezone 3549 Lake Elmo Avenue (Property) to VMX Village Mixed Use and for a Conditional Use Permit for a parking facility as a principal use on Tract B of the property, as shown in the attached survey dated 11-30-12. The Council is also being asked to re -affirm a previously approved Minor Subdivision for the property, as depicted on the attached survey. PROPOSAL DETAILS/ANALYSIS: See Attached Information. The background and reason for the request may be found in the auached Planning Commission Staff Report. The recommended Ordinance 08-170 approving the zoning map amendment; recommended Resolution 2017-017 approving the Conditional Use Pennit; and re -affirmance of the minor subdivision by Resolution 2017-018 are attached and outline conditions of approval. .Re -Affirmation of Minor Subdivision. The approval of a Zoning Map Amendment and Conditional Use Permit will allow for the subject property to be subdivided, as explained. in the attached Planning Commission Staff Report. The City Attorney has advised that although there is nothing in our Code that says a Minor Subdivision will become invalid if not processed with the County after a certain amount of time-, it would be advisable to re-affinn the Minor Subdivision request. Re -affirmation of the Minor Subdivision can be done by adopting Resolution 2017-018, attached to this report. Planning Commission/Public Dearing. The Zoning Map Amendment and Conditional Use Permit requests were noticed to property owners within 350 feet of the subject property. A public hearing was held at the Planning Commission meeting on February 13, 2017. No one spoke at the public hearing, and no comments were received prior to the meeting. • Zoning Map Amendment: Commission recommended approval 6-0. • Conditional Use Permit: Commission recommended approval 6-0. o The Commission made a motion to strike Condition #2, but the motion failed 3-3. Staff does not recommend striking this motion, as the Code says that parking requirements may be waived in the VMX district. This is something that should be vetted, and it was clearly vetted in the past, as it was a condition of the previously -granted Variance and Minor Subdivision approvals. Re -affirmance of Minor Subdivision Approval: Commission recommended approval 6-0. FISCAL IMPACT: The re -zoning and Conditional Use Permit will facilitate the sale of the parcel of land on which the former Lank Elmo Bank building is located for its reuse and return as a thriving taxable property. OPTIONS: The Council may: • Approve Zoning Map Amendment; Conditional Use Permit with recommended conditions; and re- affirm approval of the Minor Subdivision. Amend recommended conditions of approval and approve the requested Zoning Map Amendment and Conditional Use Permit with conditions as amended and re -affirm approval of the Minor Su bdivisi on. Deny the Zoning Map Amendment; Conditional Use Pennit; and Re -affirmance of Minor Subdivision. RECOMMENDATION: Staff and the Planning Commission recommend approval of the Zoning Map Amendment to rezone the property located at 3549 Lake Elmo Avenue North from GB — General Business to VMX — Village Mixed Use. "Move to adopt Ord. 08-170 approving a Zoning Map Amendment to rezone the property located at 3549 Lake Elmo Avenue from GB — General Business to VMX— Village Mixed Use." Staff recommends that the Planning Commission recommend approval of the request for a Conditional Use Permit to allow the use of a parking facility on 'Tract B/Parcel 2' as shown in the attached Certificate of Survey dated 11-20-12. "Move to adopt Resolution 2017-017 approving a Conditional Use Pcr,nitfo, a parking facility on the property legally described as "Lot 29 except the south 40 feet thereof, County Auditor's Rat No. 8, Washington County, MN." The Council may also wish to re -affirm approval of a Minor Subdivision for the property located at 3549 Lake Elmo Avenue North. "Move to adopt Resolution 2017-018 re- firming approval of a Minor Subdivision granted by Resolution 20.13-46." ATTACHMENTS: • Application • Planning Commission Staff Report • Draft Ord 08-170 Zoning Map Amendment • Draft Resolution 2017-017 Approving a Conditional Use Permit for a parking facility • Draft Resolution 2017-018 Re -affirming Approval of Minor Subdivision • Resolution 2013-07 & 2013-46 approving a variance from minimum lot size and width requirements and Minor Subdivision for 3549 Lake Elmo Avenue • Planning Commission meeting minutes 02/13/2017 TI IF CITY ur LAKE El MO TO: FROM: AGENDA ITEM: REVIEWED BY: BACKGROUND: STAFF REPORT DATE: 2/13/2017 PUBLIC HEARING ITEM #: 4a & 4b (Case 2017-05) MOTION Planning Commission Emily Becker, City Planner 3549 Lake Elmo Avenue Zoning Map Amendment and Conditional Use Permit Stephen Wensman, Planning Director The City has received two requests from Christ Lutheran Church, ELCA, of 11194 36(1' Street North: • Zoning Map Amendment to rezone the property located at 3549 Lake Elmo Avenue North from GB — General Business District to VMX — Village Mixed Use. Conditional Use Permit to allow a parking facility as a principal use on a lot. Existing Land Use: Parking lot and former Lake Elmo Bank Building Existing Zoning: GB - General Business District ,S'urrouncling Single family homes (RS — Rural Single Family) to the North, West, and 'East; Use/Zoning: Lake Elmo Public Library (GB — General Business) to the South. Comprehensive Plan: Histoty: Deadline Action: Applicable Regillations: VMX — Village Mixed Use The City conducted a site plan review when Lake Elmo Bank proposed construction of the building that currently exists on the property in 1989. Christ Lutheran Church (Church/Applicant) now owns the property and uses a portion of the parking lot for parking for the church. The church had plans to sell a portion of the property and previously requested a variance and minor subdivision in 2013 (see Proposal Details/Analysis for further explanation). Application Complete — 1/23/20 ] 7 60 Day Deadline — 3/24/2017 Extension Letter Mailed — No 120 Day Deadline — N/A §154.500 VMX — Village Center District §154106 — Conditional Use Permits ISSUE BEFORE COMMISSION: The Commission is being asked to hold a public hearing and make recommendation on the request for a Zoning Map Amenchnent to rezone 3549 Lake Elmo Avenue (Property) to VMX — Village Mixed Use and for a Conditional Use Pennit for a parking facility as a principal use on Tract B of the property, as shown in the attached survey dated 11-30-12. PROPOSAL DETAILS/ANALYSIS: REASON FOR REQUEST Approved Variance from Minimum Lot Size Requirements. In 2013, the City approved a variance for the Property from the minimum lot size requirements of the GB — General Business District so that the Church could request a Minor Subdivision, separating a portion of the parking lot from the former Lake Elmo Bank Building (Building). o Reason "Or Minor Subdivision Request The Church had plans to sell the property but found that potential buyers believed that the amount of parking provided on the Property exceeded the required parking for the building. Therefore, the Church wanted to subdivide the Property in to two parcels: one that would contain the Building and a small parking area (Tract A, as shown on the attached survey) and one that would provide parking for the Church (Tract B). o Reason for Variance Request, The resultant parcels would be 0.42 acres and 0.27 acres, not meeting the minimum lot size requirement of the GB — General Business District of 1.5 acres or the minimum lot width. • Approved Minor Subdivision Request. The City subsequently approved the Minor Subdivision request. • Conditions. The Variance and Minor Subdivision were approved with the following conditions: o Shared Parking. That the Church execute a shared -parking agreement with the future owners of the Building to allow tenants to use the larger parking area when the Church is not using it. o Drainage Easement. Drainage easement be provided along the storm water infiltration area that collects storm water runoff from both parcels, • Minor Subdivision Not Executed, Variance Expired. The Minor Subdivision was never executed, as the Church had not found a buyer and therefore was not able to satisfy the condition of approval that a shared parking agreement be executed. The Church now has a buyer, and would like the City to sign off on the subdivision, but the City cannot, as the proposed lots do not meet lot size or width standards of the current zoning of the property. o While there is nothing in the Code that dictates a time period by which an applicant must execute a minor subdivision after City approval, the Zoning Code states that a variance shall expire if work does not commence within a year of the date it is gran ted o Therefore, the variance which allowed for the minor subdivision of a parcel which creates two lots which do not meet minimum lot size standards has expired. ZONING MAP AMENDMENT Rezoning Required. In order to approve a land use request, the use should be consistent with the Comprehensive Plan. The Property is guided for VMX — Village Mixed Use. The Variance from the minimum lot size standards for this Property was granted before the Village Mixed Use district was created. Now that this zoning district exists, rezoning the property to VMX — Village Mixed Use would be the best approach, as it would satisfy the following: o Consistency -with Comprehensive Plan. As explained above. o Minimum Lot SLe/Maximunt Impervious Surface Requirements. The VMX — Village Mixed Use Zoning District does not have minimum lot area or width requirements, nor does it have maximum impervious surface requirements for non-residential uses, therefore bringing the Property in to compliance. o Parking Requirements, It is not yet known for sure what the use of the building will be, so Staff is unable to calculate what would be required for parking according to the City's Off -Street Parking Regulations. The following off-street parking standards may be waived for lots zoned VMX: • Required minimum number of off-street parking spaces. • The requirement that off-street parking areas containing more than four parking spaces be located a minimum of 20 feet from the boundary of a lot zoned or used for residential purposes. o Use. A parking facility is a conditional use in the VMX — Village Mixed Use District, whereas it is not an allowed principal use in the GB — General Business District. Recommended Condition of Approval. The attached ordinance requires that the City receive the recorded documents or document numbers which effectuate the minor subdivision approved by Resolution 2013-46. This is necessary, as the ordinance provides the proposed legal descriptions of the two parcels after the minor subdivision is recorded. CONDITIONAL USE PERMIT Conditional Use Permit Required for Parking Facility in VMX District. • As previously stated, a conditional use permit for a parking facility in the VMX District is required. • While the parking lot already exists, it does not exist as the principal use of the parcel; it serves as an, accessory use to the former Lake Elmo Bank building. • The minor subdivision will result in the parking facility becoming the principal use of the new parcel (Tract B), creating the need for a conditional use permit in order to bring the parcel in to compliance with the requirements of the VMX zoning district. Minimum Parking Space and Aisle Dimensions. • Number. 'Tract B' provides 26 parking spaces. o Christ Lutheran Church provides 33 total parking spaces, and the building located on 'Tract A' has 12 total parking, spaces. • Size. These are approximately 9' in width and 20' long, with an aisle width of 30'. • elceessibilio Parking. While no handicap spaces are provided on the parcel itself, the parking lot will serve both Christ Lutheran Church, which has four handicap parking spaces, and the building on 'Tract A', which has two handicap parking spaces. • Curbing. The parking lot does not currently provide curbing as required, however, the Church is not currently requesting a current change to the parking lot itself. o Per Code, a bumper curb or barrier of nonnal bumper height is to be provided five or three feet from the property line, respectively. o It is a recommended condition. of approval that any future improvements made to the parking lot shall be in conformance with City Code and Design Standards. • Landscaping. Trees exist on the north edge of the property; a raingarden exists on the south side of the parking lot; mostly meeting requirements for perimeter parking lot landscaping. o The east side of the parking, lot is not screened, as it connects to an alley. o The number of parking spaces does not require interior parking, lot landscaping. o it is a recommended condition of approval that any future improvements made to the parking lot shall be in confonnance with City Code and Design Standards. Village Improvement Project. Temporary easements were granted to Washington County for the purpose of highway construction for the improvement and protection of County State Aid Highway 17 (Lake Elmo Avenue). These easements expire September 30, 2017. Drainage Easement Still Needed. A condition of approval of both the approved variance and minor subdivision was that a drainage easement be provided across the storm water infiltration area that collects stony] water runoff from both parcels. This will allow 'Tract A' to utilize the storm water infiltration area of 'Tract B. This has not yet been recorded but has been drafted. It is recommended that the execution and recording of this document be added as a condition of approval to the Conditional Use Permit, Parking Agreement Still Needed. A condition of approval of both the approved variance and minor subdivision was that the Applicant execute and record a shared parking easement in a form acceptable to the City Attorney prior to the transfer of either 'Tract A' or 'Tract B,' as shown in the Certificate of Survey dated 11-20-12 to another party. This easement was to allow any future tenants of the building on Tract A to use the parking lot on Tract .B during time periods when this lot is not used by the Applicant, and be reciprocal. This has not yet been recorded, as the Church hadn't found a buyer. This is recommended to be added as a condition of approval to the Conditional Use Permit. Drainage and Utility Easement over Storm Sewer Pipe. There is an existing storm sewer pipe that was reinstalled new as part of the Downtown project under a prescriptive easement. It is a recommended condition of approval that this easement be formalized. Recommended Findings. Staff recommends the following required findings for allowing a conditional use: 1. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The use has already existed for a number of years and has not shown to be detrimental. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The area is guided for VMX — Village Mixed Use in the Land Use Cuide of the Comprehensive Plan. Parking facility is a conditional use in this district. 3 The use or development is compatible with the existing neighborhood. A parking facility will alleviate parking needs for the nearby church and building on the parcel to the south through a shared parking agreement. 4. The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. There are no specific development standards for a parking facility in Article 7. 5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is located outside the 0.2% annual chance floodplain. 6. The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The use is existing and will not change the existing or intended character of the general vicinity or alter the essential character. 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The use is existing and will deter church goers and tenants of the building to the south from parking on the street, thereby allowing for more on -street parking for surrounding residents and visitors to the downtown area. The proposed use will bc served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The use will not change and has been served adequately thus far. 9. The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The use will not change and therefore will not create additional requirements or cost. 10. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The use will not involve anything that would be detrimental. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The use will create no more traffic congestion than already exists at the site. 12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. N/A Recommended Conditions of Approval. If approved, Staff recommends the following conditions of approval for the Conditional Use Pen -nit allowing the use of a parking facility on 1. This Conditional Use Permit is effective upon the recording Minor Subdivision, as approved by Resolution 2013-46. Recording of the aforementioned Minor Subdivision must be executed within one year of the date of approval of this Conditional Use Permit. 2 The Applicant shall execute and record a shared parking easement in a form acceptable to the City Attorney prior to the transfer of either 'Tract A' or 'Tract B,' as shown in the Certificate of Survey dated 11-20-12 to another party. This easement shall allow any future tenants of the building on Tract A to use the parking lot on Tract B during time periods when this lot is not used by the Applicant. The agreement shall be drafted to be reciprocal regarding the use of the parking stalls that will be retained by the future owners of Tract A. 3 The Applicant shall execute and record a drainage and utility easement across the storm water infiltration area in a form acceptable by the City Attorney prior to the transfer of either 'Tract A' or 'Tract B' to another party. 4. Future improvements to the parking lot shall be in conformance with City Code and Design Standards. 5. The Applicant shall execute and record a drainage and utility easement across the existing storm sewer pipe located along the south property line of 'Tract A.' RE -AFFIRMING MINOR SUBDIVISION APPROVAL As previously mentioned, the variance which allowed for the City to approve the Minor Subdivision granted by variance 2013-46 has expired. There is nothing that states that a Minor Subdivision must be recorded by a specific amount of time. The City Attorney has been consulted and has stated that State Statute allows but does not require g.oveming bodies to mandate a time by which a minor subdivision be recorded before it becomes invalid. Utile Zoning Map Amendment and Conditional Use Permit are required by Council, the City Attorney recommends that for clarification purposes, a Resolution be passed re -affirming the Minor Subdivision. A draft of this Resolution is attached. FISCAL IMPACT: The re -zoning and Conditional Use Permit will facilitate the sale of the parcel of land on which the former Lank Elmo Bank building is located for its reuse and return as a thriving taxable property. OPTIONS: The Commission may: • Recommend approval of the requested Zoning Map Amendment and Conditional Use Permit with recommended conditions. • Amend recommended conditions of approval and recommend approval of the requested Zoning Map Amendment and Conditional Use Permit with conditions as amended. • Recommend denial of the Zoning Map Amendment and Conditional Use Permit. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the Zoning Map Amendment to rezone the property located at 3549 Lake Elmo Avenue North from GB — General Business to VMX — Village Mixed Use. "Move to reconmtend approval of the Zoning Map Amendment to rezone the property located at 3549 Lake Elmo Avenue North from GB — General Business to MX— Village Mixed Use. Staff recommends that the Planning Commission recommend approval of the request for a Conditional Use Permit to allow the use of a parking facility on 'Tract B/Parcel 2' as shown in the attached Certificate of Survey dated 11-20-12. "Move to recommend approval of a Conditional Use Pern:itfor a parking facility on the property legally described as 'Lot 29 except the south 40 feet thereof, County Auditor's Plat No. 8, Washington County, MN' I vith recommended conditions of approval." The Commission may also wish to recommend re -affirmance of approval of a minor subdivision for the property located at 3549 Lake Elmo Avenue North. "Move to recommend re -affirming approval of Minor Subdivision granted by Resolution 2013-46." ATTACHMENTS:, • Application • Draft Ord OS- Zoning Map Amendment • Draft Resolution 2017- Approving a Conditional Use Permit for a parking facility • Draft Resolution 2017- Reaffirming the Approval of a Minor Subdivision of 3549 Lake Elmo Avenue North • Resolution 2013-07 approving a variance from minimum lot size and width requirements • Resolution 2013-46 approving a minor subdivision for 3549 Lake Elmo Avenue Christ Lutheran Church January 23, 2017 Ms. Kristina Handt City of Lake Elmo Administrator 3800 Laverne Avenue North Lake Elmo, MN 55042 11194 - 36th Street North P.O. Box 310 Lake Elmo, MN 55042 Telephone: 651/777-2881 Fax: 651/748-0145 RE: Rezoning Request and Conditional Use .Permit Application, 3549 Lake Elmo Avenue North Dear Ms. Handt: As has been discussed recently in phone conversations and by e-mail, Christ Lutheran Church (CLC) of Lake Elmo currently owns the property at 3549 Lake Elmo Avenue. The property currently consists of two parcels, Parcel 1: a 4,684 square foot single story building and associated 12 stall parking lot and access lanes; and Parcel 2: a 26 stall parking lot and rain garden area. CLC currently utilizes Parcel 1 for church activities and storage space, and Parcel 2 for weekend and event parking. The current legal description of the property is: • Parcel 1: The South 40 feet of Lot 29 and all of Lot 30, County Auditor's Plat No. 8, as surveyed and platted and now on file in the Office of the Registrar of Titles of Washington County, Minnesota, being in the Village of Lake Elmo, Minnesota. Registered Property Certificate of Title No. 58428. • Parcel 2: Lot 29 except the south 40 feet thereof, County Auditor's Plat No. 8, Washington County, Minnesota. • Parcel ID No.: 130-29-21-23-0053. The entire property is currently zoned General Business (GB) and has been for sale or lease since being vacated by our previous tenant in August 2011. CLC was granted tax-exempt status for the property by Washington County in August 2012. CLC is requesting that the zoning designation for the property be changed to Village Mixed Use (VMX), consistent with recent zoning updates in the Old Village area. In November 2012 CLC requested a variance to City Ordinance 154.051 regarding lot width and minimum acreage of commercially zoned properties in the Old Village area of Lake Elmo for the two parcels. At its February 5, 2013 regular meeting, the Lake Elmo City Council approved the variance request. CLC is at this time requesting a lot line adjustment for the property as shown on the attached survey by Ulteig Engineers. The proposed new legal description is: • Tract A: The South 46.00 feet of Lot 29 and all of Lot 30, COUNTY AUDITOR'S PLAT NO. 8, Washington County, Minnesota. Contains 18,155 Sq. Ft., or 0.42 Acres, more or less. • Tract B: That part of Lot 29 lying north of the South 46.00 feet thereof, COUNTY AUDITOR"S PLAT NO. 8, Washington County, Minnesota. Contains 11,760 Sq. Ft, or 0.27 acres, more or less. By adjusting the property line along the proposed boundary, CLC is retaining full ownership and maintenance responsibility of the rain garden installed at the properly in 2011, the 26-stall parking lot, and the associated green space. CLC intends to operate and maintain the Tract B parking lot as a part of its normal operations. It is used primarily on Sundays, Wednesday evenings, and occasionally during the day for special events. The lot will continue to serve as a community resource, offering off- street parking for residents and visitors when needed, and providing overflow parking for the new business on Tract A. CLC seeks a Conditional Use Permit from the City for the continued operation of the parking lot In October of 2016, CLC entered into a purchase agreement with a local company who intends to purchase and use the Tract A building and associated parking for business office purposes, CLC and the prospective buyer have entered into a shared parking agreement as required by the City in its approval of the lot line adjustment. CLC is also willing to provide an easement to allow the potential buyer of Tract A (and future owners) the right to discharge storm water to the rain garden. Copies of these documents are available upon request. CLC is looking forward to working with the City of Lake Elmo to complete the process of adjusting the lot lines on the 3549 Lake Elmo Avenue property, rezoning the property to the VMX zoning designation, and obtaining a Conditional Use Permit for the parking lot. Completing these steps in a timely manner will facilitate the potential sale of the conunercial building (Tract A) and its return to the tax rolls, a goal shared by the City and CLC. Please find attached the completed Development Application Form, survey, and application fee. CLC is in the process of obtaining updated mailing labels If you have any questions please contact Jim Kelly at 651-253-1129 or Kevin Huntley at 6-12- 363-6191. Sincerely, 4/1\ A , Dave Leuthe Congregation President Christ Lutheran Church Date Received: Received By: Permit #: TtIL, CITY OF K � &^�� X�� -� 051'747'3900 38OOLaverne Avenue North LukoBm4MNS5042 LAND USE ��'�� ^^��^�" APPLICATION [l Comprehensive Plan 7{ Zoning District Amend El Zoning Text Amend [l Vahance*(aoebelow) Fl Zoning Appeal ){ Conditional Use Permit (C.U.Pj F1Flood Plain C.U.P. [lInterim Use Permit (|.UPj FlExcavaUngKGrading [l Lot Line Adjustment Fl Minor Subdivision Fl Residential Subdivision Sketch/Concept Plan El PUD Concept Plan [l PUD Preliminary Plan [l PUD Final Plan Applicant: Christ Lutheran Church, ELCA Address: i110436[hStreet North, LaknBmu.MNS504 Phone #G51-7772881 Email Address� Fee Owner: —Same asAbove *ooeno: Phone# Email Address: Property Location (Address and Complete (kmg)Legal Description: _3549Lake Elmo Ave,Lake Elmo, MN55042 Parcel 1:The South 4Ofeet of Lot 29 and all of Lot 30, County Auditor's Plat No. 8, as surveyed and platted and now on file in the Office of the Registrar of Titles of Washington County, Minnesota, being in the Village of Lake Elmo, Minnesota. Registered Property CertiUcateu(Title No. 58428 Parcel 2:Lot 2Vexcept the south 40feet thereof, County Auditor's Plat No. 8'Washington County, Minnesota. Parcel |DNo, is130'29'21'23'O053 Detailed Reason for Request: Ch6st Lutheran Church owns the property at 3540 Lake Elmo Ave, A lot split was approved by flie City Council in 2013 to allow the church to sell the "Bank Building" (identified as "Tract/"onthe attached survey) and retain ownership of the parking lot ("TmctB^). The Church has monnUy been informed that the property needs to be re -zoned to the Village Mixed Use DioWd(VMX) (from Gunom| Buoineox, GB) and aConditional Use Permit (CUP) be applied for hfacilitate a na|o. The Church has identified abuyer and wishes Nproceed with these actions ansoon as possible, Variance Requests: As outlined in Section 301.060 C, of the Lake Elmo Municipal Code, the applicant must demonstrate practical diffiou(heobefore ovariance can bogranted. The practical difficulties related tothis application are oxfollows: NA |nsigning this application, | hereby acknowledge that | have read and fully understand the applicable provisions ofthe Zoning ordinance and current administrative pmnodums. | further acknowledge the fee explanation oooutlined inthe application procedures and hereby agree topay all ot�� kmd�nm(h�Ci�pa��ningWaddih000|opp|�aUnnexpenca -/ / � ` Signa�nou/applicant: /��^��. _ -uae: /72-z-/ /�7 /~// /.~ --m*-- ��-^-- THE crry LAKE ELMO Lake Elmo City Hall 651-747-3900 3800 Laverne Avenue North Lake Elmo, MN 55042 AFFIRMATION OF SUFFICIENT INTEREST I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from the owner to pursue the described action. Name of applicant +11 (Please Print) Street address/legal description of subject property 1, "I z-t 0 - 3 If you are not the fee owner, attach another copy of this form which has been completed by the fee owner or a copy of your authorization to pursue this action. If a corporation is fee title holder, attach a copy of the resolution of the Board of Directors authorizing this action. If a joint venture or partnership is the fee owner, attach a copy of agreement authorizing this action on behalf of the joint venture or partnership. Revised 311312014 9:12 AM ELMO AVENUE 0 Lc" 70 26TH STREET NORTH 73303413T- s 000 re" ‘3. . . . , . 7' . . , . ".,3-• ;IC- A A3,0” PARCEL : LOT 30 i I -. 1 I -000.000 LOT 31 7 7 7 LOT 'JO — +PC,scrt — tet" 0 SC. 'tftgtittlor Christ Lutheran Church PO Box 310 L3K0i Elmo, MN 550473031 E cVsscc [4.15 taw P c; CS1 66.-Cs Css..- MEC ASV, MEC Certificate of Survey 3549 Lake Elmo Ave. N. Lake Elmo, MN 55042 V 1 LEGEND Am6S E ://kIAANN .3610 --- EVELETH 1 LOHmANN .3582 40 SCALE 04 FEET ./st-tts t/.24 X PROPERTY LINE RIGHT OF WAY IN PLACE CONSTRUCTION LEIII PROPOSE() STORM SEINER PROPOSED SANITARY SEINER PROFOSEO,IVATERMAIN STORM SEWER CATCH BASIN/MANHOLE SEPTIC SYSTEIA LOCATION TREE REMOVAL . 0 2 — EL/10. T 1 / CuRTIS R & APRIL C SCHUmACHER .3E25 ANDREA ALBRECHT .3603 36714 ST IT AFEETEEI, //,/,AT/ ;/-*E, /ICETE/I1 1I1EIL /IEETI CHRIST LUTHERAN CHURCH RAR6ING LOT .3549 7' wALK 8' 14,--TruRu LAK- IITHRu LANE 8' 11A L CNRIST LUTHERAN CHURCH BRUCE W & ARLINE V BEUTEL •3590 FRANK Is SARB&RA N SGUAOR I TO .35TO SEH 36TH ST N OPTION #1 - WALKS ON BOTH SIDES 333,333E3 3E134,0331333137 1:35 vattgs CEteteti 33(33, CAVID 5 FAINT b APSN L K OHL, •/%17 WILLIAM G & SALLYANN WACKER .36/03 CITY OF LAKE LMil •355/5 st LAKE ELMO, OLD VILLAGE 2015 CONSTRUCTION 36TH ST N OPTION #1 - WALKS ON BOTH SIDES 1 25 - .1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-170 AN ORDINANCE TO AMEND THE LAKE ELMO CITY CODE BY AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE CITY OF LAKE ELMO The City Council of the City of Lake Elmo ordains that Lake Elmo City Code, Section 154.032 Zoning District Map, of the Municipal Code, shall be amended by adding Ordinance No. 08-017, as follows: Section 1: Zoning Map Amendment. The following properties are hereby rezoned from GB - General Business District to VMX - Village Mixed Use: The South 46.00 feet of Lot 29 and all of Lot 30, COUNTY AUDITOR'S PLAT NO. 8, Washington County, Minnesota. That part of Lot 29 lying north of the South 46.00 feet thereof, COUNTY AUDITOR'S PLAT NO. 9, Washington County, Minnesota. Section 2: This Zoning Map Amendment is conditioned on the City receiving recorded documents or recorded document numbers for the deeds of conveyance which effectuate the Minor Subdivision approved by Resolution 2013-46 within one year of the effective date of this Ordinance. Section 3: The City Council of the City of Lake Elmo also hereby ordains that the Zoning Administrator shall make the applicable changes to the official zoning map of the City of Lake Elmo. Section 4: Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. 08-170 was adopted on this 21" day of February, 2017, by a vote of Ayes and Nays. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2017-017 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PARKING FACILITY FOR CHRIST LUTHERAN CHURCH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Christ Lutheran Church, 11194 36'1' Street North (the "Applicant") has submitted an application to the City of Lake Elmo (the "City") for a Conditional Use Permit for a parking facility for the property legally described as that part of Lot 29 lying north of the South 46.00 feet thereof, COUNTY AUDITOR'S PLAT NO. 8, Washington County, Minnesota (the 'Property"); and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.102; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on February 13, 2017; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated February 13, 2017; and WHEREAS, the City Council considered said matter at its February 21. 2017 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Conditional Use Permit arc found in the Lake Elmo Zoning Ordinance, Section 154.106. 2) That all the submission requirements of said Section 154.106 have been met by the Applicant. 3) That the proposed Conditional Use Permit includes the following components: Resolution 2017-017 a) A Conditional Use Permit for a parking facility and for the Property. 4) The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The use has already existed for a number of years and has not shown to be detrimental. 5) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The area is guided for VMX — Village Mixed Use in the Land Use Guide of the Comprehensive Plan. Parking facility is a conditional use in this district. 6) The use or development is compatible with the existing neighborhood. A parking facility will alleviate parking needs for the nearby church and building on the parcel to the south through a shared parking agreement. 7) The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. There are no specific development standards for a parking facility in Article 7. 8) If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 tlu-ough 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is located outside the 0.2"/0 annual chance floodplain. 9) The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The use is existing and will not change the existing or intended character of the general vicinity or alter the essential character. 10) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The use is existing and will deter church goers and tenants of the building to the south from parking on the street, thereby allowing for more on -street parking for surrounding residents and visitors to the downtown area. 11) The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The use will not change and has been served adequately thus far. 12) The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The use will not change and therefore will not create additional requirements or cost. 13) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because ofexcessive production of traffic, noise, smoke, fumes, glare or odors. The use will not involve anything that would be detrimental. 14) Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The use will create no more traffic congestion than already exists at the site. Resolution 2017-017 15) The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. N/A CONCLUSIONS AND DECISION Based on the foregoing, the Applicant's application for a Conditional Use Permit for a self- service storage facility and outdoor vehicle storage is granted, subject to the following conditions: 1) The Minor Subdivision, as approved by Resolution 2013-46, must be executed within one year of the date of approval of this Conditional Use Permit. The Applicant shall execute and record a shared parking easement in a form acceptable to the City Attorney prior to the transfer of either 'Tract A' or 'Tract B,' as shown in the Certificate of Survey dated 11-20-12 to another party. This easement shall allow any future tenants of the building on Tract A to use the parking lot on Tract B during time periods when this lot is not used by the Applicant. The agreement shall be drafted to be reciprocal regarding the use of the parking stalls that will be retained by the future owners of Tract A. 3) The Applicant shall execute and record a drainage and utility easement across the storm water infiltration area in a Rum acceptable by the City Attorney prior to the transfer of either 'Tract A' or 'Tract B' to another party. 4) Future improvements to the parking lot shall be in conformance with City Code and _Design Standards. 5) The Applicant shall execute and record a drainage and utility easement across the existing storm sewer pipe located along the south property line of 'Tract A.' Passed and duly adopted this 21day of February, 2017 by the City Council of the City of Lake Elmo, Minnesota. Michael Pearson, Mayor ATTEST: Julie Johnson, City Clerk Resolution 2017-017 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2017-018 A RESOLUTION RE -AFFIRMING APPROVAL OF A MINOR SUBDIVISION FOR CHRIST LUTHERAN CHURCH— 3549 LAKE ELMO AVE WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Christ Lutheran Church, 11194 36'1' Street North (Applicant) submitted an application to the City of Lake Elmo (City) for a Minor Subdivision to split an existing parcel located at 3549 Lake Elmo Avenue (PID 13.029,21.23.0053) (Property) into two separate parcels in accordance with the certificate of survey dated November 20, 2012 signed by Michael Cannon, License #40035, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, the Lake Elmo Planning Department reviewed the Minor Subdivision request for consistency with the City of Lake Elmo Zoning and Subdivision Ordinances; and WHEREAS, the Lake Elmo Board of Adjustments and Appeals approved a variance request by the applicant to create two lots that do not meet the minimum lot size and minimum street frontage requirements of the Lake Elmo Zoning Ordinance on February 5, 2013; and WHEREAS, the City Council reviewed the Applicant's Minor Subdivision request at a meeting held on June 4, 2013 and adopted Resolution 2013-46, approving the Minor Subdivision for Christ Lutheran Church — 3549 Lake Elmo Avenue North, WHEREAS, the variance that was approved by the Lake Elmo Board of Adjustments and Appeals to create two lots that do not meet the minimum lot size and minimum street frontage requirements of the Lake Elmo Zoning Ordinance on February 5, 2013 has since expired; and WHEREAS, the Planning Commission has reviewed at its meeting on February 13, 2017 requests by the Applicant for a Zoning Map Amendment to re -zone the Property from GB — General Business District to VMX — Village Mixed Use and a Conditional Use Permit to allow a parking facility as the principal use of the property legally described as that part of Lot 29 lying north of the South 46.00 feet thereof, County Auditors Plat No. 8, Washington County, Minnesota; and submitted its report and recommendation concerning the requested Zoning Map Amendment and Conditional Use Permit as part of a memorandum to the City Council for the February 21, 2017 Council Meeting; and WHEREAS, the City Council reviewed the Applicant's request for a Zoning Map Amendment and Conditional Use Permit and approved Ordinance 08-170, rezoning the Property from GB — General Business District to VMX — Village Mixed Use, and adopted Resolution 2017-017, granting a Conditional Use Permit for the property legally described as that part of Lot 29 lying north of the South 46.00 feet thereof, County Auditors Plat No. 8, Washington County, Minnesota, thereby bringing the proposed Minor Subdivision in to conformance with City Code. NOW, THEREFORE BE IT RESOLVED, that based on the testimony elicited and information received, the City Council of the City of Lake Elmo hereby re -affirms its approval of the request by Christ Lutheran Church for a Minor Subdivision, provided the following conditions are met: The Applicant shall execute and record a shared parking easement in a forn-i acceptable the City Attorney prior to the transfer of either ''Tract A" or "Tract B" to another party. This easement shall allow any future tenants of the building on Tract A to use the parking lot on Tract B during time periods when this lot is not used by the Applicant. The agreement shall be drafted to be reciprocal regarding the use of the parking stalls that will be retained by the future owners of Tract A. 2, The Applicant shall execute and record a drainage and utility easement across the storm water infiltration area in a form acceptable the City Attorney prior to the transfer of either "Tract A" or ''Tract B" to another party. The Applicant shall execute and record a drainage and utility easement over the existing storm sewer pipe located along the south property line of the "Tract A." Passed and duly adopted this 21' day of February 2017 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2013-07 A RESOLUTION APPROKING A YARIANCE TO ALLOW CHRIST L UTHERAN CHURCH- TO SPLIT AN EA7STING LOT INTO TWO SEPARATE PARCELS THAT DO .NOT MEET MINIMUM LOT SIZE AND WIDTH REQUIREMENTS WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Christ Lutheran Church, 11194 36th Street North (the "Applicant") has submitted an application to the City of Lake Elmo (the "City") for a variance to split the lot at 3549 Lake Elmo Avenue North into two separate parcels that do not meet the minimum area and lot width requirements of the GB — General Business zoning, district; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.017; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on January 14, 2013; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated February 5, 2013; and WHEREAS, the City Council considered said matter at its February 5, 2013 meeting. NOW. THEREFORE, based on the testimony elicited and information ieeeived, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Variance are found in the ake Elmo Zoning Ordinance, Section 154.017. 2) That all the submission requirements of said Section 154.017 have been met by the Applicant. 3) That the proposed variance is to split the existing lot at 3549 Lake Elmo Avenue North into two separate parcels that do not meet the minimum area and lot width requirements of the GB — General Business zoning district. The proposed parcels would be 0.42 acres RESOLUTION 201 3 -()7 and 0.27 acres in size, which is under the minimum lot size requirement of 1.5 acres. proposed parcels would also be 80 and 123.5 feet in length, which is shorter than the minimum requirement of 1.50 feet. 4) That the Variance will be located on property legally described as follows: Lots 39 and 40, County Auditor's Plat No. 8, as surveyed and platted and now on file in the. Office of the Registrar of Titles of 'Washington County, Minnesota, being in the Village of Lake Elmo, Minnesota. More commonly known as 3549 Lake Elmo Avenue North. _) That the strict enforcement of Zoning Ordinance would cause practical difficulties and that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Specific findings: That the proposed use is reasonable because the potential buyer of the former Lake Elmo Bank building has stated that they do not have a need far ali of the parking provided on the site. Between the former bank building and the Christ Lutheran Church facility there is an expected amount of parking that will be using this property that will not change due to a change in ownership over a portion of the site. 6) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Specific findings: That the applicant's property is unique due to the large amount of parking that exceeds most other off-street parking lots in the downtown village area of Lake Elmo. The Zoning Ordinance does allow for waivers of parking requirements in the GB — General Business District and anyfsiture users would need to request such a waiver under if their parking needs exceeded the amount available. 7) That the proposed variance will not alter the essential character of the locality in which the property in question is located. Specific findings: That the proposed lot split will not change the current use of the site for offices and parking. .4ny potential impacts associated with a lack of parking for the office uses could be mitigated with a shared parking arrangement that allowed any potential building tenants to use the parking area outside o f peak Church usage periods. 8) That the proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Specific findings: No impacts above and beyond those considered normal.for any other business use in the surrounding urea would be expected should the variance be ()ranted • CONCLUSIONS AND DECISION Based on the foregoing, the Applicant's application for a Variance is granted, provided the following conditions are met: RESOLUT1ON 2013-07 The Applicant shall execute a shared -parking arrangement with the future owners of the Rimier Lake Elmo Bank Building that will allow any future tenants of this building to use the parking lot to be retained by the Applicant during time periods when the parking, lot is not used by the Applicant. The agreement shall be drafted to be reciprocal regarding the use of the parking stalls that will be retained by the future owners of the former Lake Elmo Bank Building. 2. The applicant shall provide for a drainage easement across the stone water infiltration area that collects storm water runoff from both of the parcels to be created by the lot split. Passed and duly adopted this 5° day of February 2013 by the City Council of the City of Lake Elmo. Minnesota. ATTEST: A arn Bell, City C erk RESOLUTION 2013-07 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2013-46 A RESOLUTION APPROVING A MINOR SUBDIVISION FOR CHRIST LUTHERAN CHURCH - 3549 LAKE ELMO AVE WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Christ Lutheran Church, 11194 361h Street North (Applicant) has submitted an application to the City of Lake Elmo (City) for a Minor Subdivision to split an existing parcel located at 3549 Lake Elmo Avenue (PID 13.029.21.23.0053) into two separate parcels in accordance with the certificate of survey dated November 20, 2012 signed by Michael Cannon, License 4140035, a copy of which is on file in the City of Lake Elmo Planning and Zortin.., Department; and WHEREAS, the Lake Elino Planning Department has reviewed the Minor Subdivision request for consistency with the City of Lake Elmo Zoning and Subdivision Ordinances; and WHEREAS, the Lake Elmo Board of Adjustments and Appeals approved a variance request by the applicant to create two lots that do not meet the minimum lot size and minimum street frontage requirements of the Lake Elmo Zoning Ordinance on February 5. 2013; and 'WHEREAS, the Lake Elmo Planning Commission reviewed the proposed Minor Subdivision at a meeting held on May 29, 2013; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Minor Subdivision as part of a memorandum to the City Council from Planning Director Kyle Klatt for the June 4, 2013 Council Meeting; and WHEREAS, the City Council reviewed the Applicant's Minor Subdivision request at a meeting held on June 4, 2013. NOW, THEREFORE BE IT RESOLVED, that based on the testimony elicited and information received, the City Council of the City of Lake Elmo hereby approves the request by Christ Lutheran Church for a Minor Subdivision, provided the following conditions are met: 1. The Applicant shall execute and record a shared parking casement in a form acceptable the City Attorney prior to the transfer of either "Tract A" or "Tract B" to another party. This easement shall allow any future tenants of the building on Tract A to use the parking Resolution No. 2013-46 lot on Tract B during time periods when this lot is not used by the Applicant. The agreement shall be drafted to be reciprocal regarding the use of the parking stalls that will be retained by the future owners of Tract A. The Applicant shall execute and record a drainage and utility easement across the storm water infiltration area in a form acceptable the City Attorney prior to the transfer of either "Tract A" or "Traci B" to another party. Passed and d Minnesota. ATTEST: adopted this 4`h day of June 2013 by the City Council of the City of Lake Elmo, Adam Bell, City Clerk Resolution No. 2013-46 nm':rYor l4KE ELMO City ofLake Elmo Planning Commission Meeting Minutes ofFebruary 13,2017 Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at COMMISSIONERS PRESENT: Kreimer, Dodson, Dorschner, Williams, Lundquist and Hartley COMMISSIONERS ABSENT: Fields, and Larson STAFF PRESENT: Planning Director VVcnsnnan Approve Agenda: M/S/P. Williams/Dodson, move to approve the agenda as amended, adding picking a member of the Planning Commisison to be on the Comprehensive Plan Advisory Board as item 5b, Vote. 6-0, motion carried, unanimously. Approve Minutes: January 9, 2017 M/S/P: Williams/Lundquist, move to approve the January 9, 2017 minutes as amended, Vote: 6-0, motion carried unanimously. Approve Minutes: January 23, 2017 M/S/P: Dod5on/Dorschner, move to postpone consideration of the January 23, 2017 minutes until the next meeting, Vote; 6-0, motion carried unanimously. Public Hearing — Zoning Text Amendment and Conditional Use Permit — 3549 Lake Elmo Ave Wensman started his presentation for the Zoning Map Amendment and CUP for 3549 Lake Elmo Ave. Christ Lutheran Church owns this property and now has abuyer for the property. The Church would like toseparate part ofthe parking lot and keep that portion nfthe property, |nJD1]the Church had approval for avariance and lot split. They did not proceed with the lot split as they did not have a buyer for the bank building. The variance isnow expired, asthey are only good for 1year. This property i» currently guided Village Mixed Use. VVensrnanstated that avariance isnot the way to Qoforward atthis point. |twould bemore appropriate tVrezone the property tmVillage Mixed Use. There is no rninirnunn lot size in this district which would allow the property owner to subdivide. Aparking lot is a conditional use in this zoning district. Lake Elmo Planning Commission Minutes; 2-13-17 2 The City issuggesting 3conditions ofapproval. 1\that there beashared parking agreement between the church and new property owner 2) a drainage easement be provided along the storm water infiltration area that collects storm water runoff from both parcels 3) a formalized document for a drainage and utility easement for the storm sewer pipe reinstalled as part of downtown project executed and recorded. Williams asked ifthe minor lot split was administrative. VVensroanstated that bis administrative, but cannot be done until the property is rezoned tnVillage Mixed Use. (statement corrected onpage 4) Dorschner asked why the City would ask for theshared parking agreement if VMX does not have required parking. VVensrnan stated that itistoensure that both users will have access tnthat parking lot. Doochnerstated that hethinks that should just be a private agreement between property owners and not a condition of approval. Wensman stated that was a condition for the variance and theyjust brought it forward, but the Planning Commission can remove ifthey desire. Doochneriswondering ifthe drainage and utility easement isthe same thing. VVensrnan stated that it is 2 different things. One is for the pipe and one is for the shared drainage area in the parking |ot. Hartley asked if either property is sold, will they have to come back to the City to change the use on the property. VVensrnan stated that if it is a conditional use, it would have to come back through the process. If it is a permitted use, it vvnu|d be a certificate of zoning compliance and the staff would review it for compliance administratively. Jim Kelly, for Christ Lutheran Church, stated the Church purchased this property primarily for use of the parking lot, but they have also maintained the building and have rented it inthe past. They are ready tosell the building and get bback nnthe tax rolls. K4/5/P: Will iarns/Uodson,move tohold the 2public hearings simultaneous for the Zoning Map Amendment and CUP, Vote: G-(lmotion carried unanimously. Public Hearing opened at7:Z1pnn Noone spoke and there were nowritten comments Public Hearing closed at7:22pnn M/S/P: Lundquist/Williams, move to recommend approval of the zoning map amendment to rezone the property located at 3549 Lake Elmo Avenue from GB — General Business to VIVIX — Village Mixed Use, Vote: 6-0, motion carried unanimously. M/S/P: Williams/Lundquist, move to recommend approval of a Conditional Use Permit for a parking facility on the property legally describes as "Lot 29 except the South 40 feet therof, County Auditor's Plat No. 8, Washington County, IVIN" with the findings and I,ake Elmo Planning Commission Minutes; 2-13-17 M//P: Dorschner/, move to make an amendment to remove condition #2, requiring an easement for shared parking, Vote: 3-3, motionfails. (note: there was noformal second) Dorschner feels the shared parking agreement should be between the 2 business owners asitisnot arequirement ufthe VK4Xzoning district. VVensnnonstated that it might be worth touching base with applicant to see what their preference would be. Mr, Kelly, representing Christ Lutheran Church stated that it was a requirement of the variance atthe request ofCity Staff. The Church feels that that fewer agreements that go into the future would be preferable from a property standpoint. They would be in support nfthe amendment asdescribed. Wensman asked the Commission to reaffirm their recommendation of approval for the lot split and corrected a previous statement that the lot split did require Commission and Council approval which was granted byReso|udnJO13-46. John Whitcomb, representing the buyer of the property, stated that the easement will beinplace regardless ofthe action tonight. There isanagreement |nplace between the buyer and the seller that this easement will b*put inplace. Dorschner stated that his reason for recommending removing this condition is because VIVIX does not require parking and he does not want to see the City setting a precedent to require commercial tofind parking. Williams would like to speak against the motion because even though it isn't required in theVK4>, it|svery valuable downtown and otapremium. Hethinks the shared easement will benefit both properties oswell asthe City. Kreinneragrees with Williams and would like tosee the easement put inplace. DVrschneragrees that parking isata premium, but he feels it is something the Planning Commision needs to think about, not putting that burden on the business owners that currently have that asset, |fparking is required, itshould berequired and not done piece meal, Hartley agrees with DVrschnerfrom the standpoint that if parking isimportant to businesses in the VIVIX district, than it should be required of all businesses. He feels that the City needs tolook down the road and consider what could happen inthe future on those two properties, This creates anoddity inthe VK4Xzone. Hefeels this is somewhat ofabackdoor requirement for parking. Dodson asked what would happen if they want tochange the number ofparking spaces. Would that violate the easement? John Whitcomb stated that the easement isa benefit toboth property owners and the only way that the easement can be changed is if both parties agree to the change, Lake Elmo Planning Commission Minutes; 2-13-17 4 Hartley stated that both of the parties have agreed to an easement agreement that they are comfortable with, Hedoes not feel that the City needs tobeinvolved with the private agreement, Hefeels that since VK4%does not have aparking requirement, ifthe City requires the agreement, itiscreating anawkward situation for the future, If something changes with the properties, with the City requiring an agreement, it would have to come back tothe City vs. the property owners working out a different agreement, Williams stated that the conditions are for the Conditional Use for parking. Parking isa Conditional Use in the VMX zoning and therefore he feels that it is very appropriate for the City to put conditions on the parking that are useful for the City and the property owners. Nothing that hehas heard sofar has indicated tohim that anybody blosing anything byhaving this condition retained. Hefeels iLdoes not set oprecedent asitis specifically related tothis CUP, not the general zoning district. Dorschnerfeels that byputting this condition inplace for the parking lot, itisnot treating the old bank building property like aVK0Xproperty. [tisplacing econdition on itthat they have tohave aneasement with the church for the parking. M/S/P: VWUiarns/Kre/nner,move torecommend re -affirming approval ofMinor Subdivision granted by Resolution 2013-46, Vote: 6-0\ motion carried unanimously. Public Hearing — Zoning Text Amendment to repeal OP-ALT District Wensman started his presentation giving background about OP -Alt District that was created /nZO10. This was repealed from the Comprehensive Plan, but itstill exists in the zoning code. There isnothing guided for this zoning, sostaff has prepared aZoning Text Amendment to repeal it from the zoning code. Public Hearing opened at7.43pno Noone spoke and there were nnwritten comments Public Hearing closed at7:43pnn K4/S/P: Williams/Dodson, move to recommend approval of repealing Article XV — OP -Alt District from the Zoning Code, Vote: 6-0, motion carried unanimously. Business Item — Village District Zoning Discussion VVensrnan started his presentation bvstating that there are some projects coming forward that are guided for Village LDR,but there are nostandards set forth for this district. There are a couple of the Village developments that were approved using the Lake Elmo Planning Commission Minutes; 2-13-17