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HomeMy WebLinkAboutApril 04, 2006 CCP I Mayor:Dean Johnston Lake Elmo City Council Council members 3800 Laverne Avenue No. Rita Conlin Tuesday' Lake Elmo,MN 55042 Steve DeLapp 777-5510 777-9615(fax) Liz Johnson April 4, 2006 Anne Smith 1 Please read: Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However,staff provides background information to the City Council on each agenda item in advance;and decisions are based on this information and experience. In addition,some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed,please fill out a"Request to Appear Before the City Council form; or, if you came late,raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made, Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1.Agenda 2. Minutes: March 21, 2006 3. PUBLIC IN U[RIES/INFORMATIONAL• Public Inquiries/Informational is an opportunity for citizens to bring the Council's attention any items not currently on the agenda. In addressing the A. PUBLIC INFORMATIONAL' Council,please state your name and address for the record,and a brief summary of the specific item being addressed to the Council. To allow adequate time for (1)Water Ski Show-Joe Kiesling each person wishing to address the Council,we ask that individuals limit their comments to three(3)minutes. Written documents may be distributed to the (2) Arbor Day Proclamation Council prior to the meeting or as bench copies,to allow a more timely presentation. B. Public Inquiries Those items listed under the Consent Calendar are considered to be routine b 4. CONSENT AGENDA y the City Council and will he enacted by one motion under a Consent Calendar A. Resolution No.2006-031'Approving format, There will be no separate discussion of these items unless a Council member so requests,in which event,the item will be removed from the general Claims order of business and considered separately in its normal sequence on the agenda. 5. FINANCE: 6. NEW BUSINESS: A. Request from West Lakeland for financial support to ensure the protection of ground water. 7. MAINTENANCE/PARK/FIRE/SUILDING: A. S. CITY ENGINEER'S REPORT: Tom Prew A.Update on Chris Riley Construction- verbal Lake Elmo City Council Agenda April 4,2006 P e2 9. PLANNING LAND USE &ZONING: C. Dillerud A. Septic Drain Field Setback Variance-- 7949 Hill Trail(Scharrer) B. Reconsideration-Variances—Haire (8160 Hill Trail) C. CDBG Project Update—Cimarron Gas Line Replacement 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: M. Rafferty A. Carriage Station Park Improvements- verbal B. April 191h-Presentation of Village Area i Master Plan,Lake Elmo Elementary School- verbal 12. CITY COUNCIL REPORTS: i A. Mayor Johnston IB. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith 13. CLOSED SESSION to discuss the performance review for the City Administrator i Council Workshop: April 11, 6 p.m. BOARD OF REVIEW:May 3, 4-6 p.m. Presentation of Village Area Master Plan, CLEAN UP DAY:June 3, 2006, 8 a.m. to Noon, April 19, 6:30 p.m., Lake Elmo Elementary Washington County Fairgrounds School i I k I DRAFT CITY OF LAKE ELMO CITY COUNCIL MEETING MARCH 21, 2006 L AGENDA 2. MINUTES: March 6, 2006 3. PUBLIC INQUIRIES/INFORMATIONAL: A. PUBLIC INQUIRIES: B. PUBLIC INFORMATIONAL: (1) Ginny Holder-Ramsey/Washington Cable Commission Representative 4. CONSENT AGENDA: A. Resolution No. 2006-026: Approving Claims Age B. Minutes and Structure C. Monthly Operating Report 5. FINANCE: A. Annual Audit 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING ; A. Update on Building Dept.. Jim McNamara:;:;:4 B. New Recruits: Matt Mazzara acid..Stine Jo l to be placed on probation. Rick M an to be moved from rc a __1a__ lrefS Yrter status. P" � ` 8. CITY ENGINEER'S REPORT: A. Water System Intercomed Phase IT Award contract to Ellingson Drainage Resolution No. 2006 027 j B. Receive Feasibility Report'2006 O1rlay- Tablyn Park Neighborhood: Resolution 2006-029'F ' 9. PLANNING, LAN LISE&ZONING: A. Reques �ltecon Lderatia% Haire Variance(8160 Hill Trail) B. Septi stems SetbWiC Variance and Request of Waiver of Fees: 7949 Hill Trail{ er) Resolution 2006-028—NOT ADOPTED 92; YS C. Zoning Or trance /. ty Code Amendments: Home Occupations D. Zoning Text Aendinent—CUP in AB Zone for Outdoor Social Events: Ordinance No. 9 -167—NOT ADOPTED E. Amend GB Zoning District Text Restaurant Drive-Up Facilities: Ordinance No. 97-168--NOT ADOPTED F. Village Area Master Plan Recommendation—Next Step G. Zoning Ordinance 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Update on RFP for Animal Control-verbal 12. CITY COUNCIL REPORTS: Council adjourned at 10:50 prn Lake Elmo City Council Minutes March 21.2006 1 DRAFT Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council Chambers. COUNCIL MEMBERS PRESENT: Conlin, DeLapp,Johnson,and Smith, STAFF PRESENT: Administrator Rafferty, City Planner Dillerud, Finance Director Bouthilet, City Engineer Prew,Attorney Miller,Recording Secretary Freeman. Pledge of Allegiance L AGENDA: The City Administrator asked to add 8C-Chris Riley Utilities, Inc. performance; change 4B Minutes and Structure to 6A;Fire Chief asked to move Fire Dept. Updates 7B to 3A. M/S/P Johnson/Conlin-to approve the Agenda as amended. (Motion passed 5-0) 2. MINUTES: M/S/P Johnson/Conlin—to approve the Minutes of March 6,20Q >> s amended. (Motion passed 4-0-1: Conlin Abstained-did not attend meeting};. 3. PUBLIC INFORMATIONAL: # A. Public Inquiries: Resident Jim McLeod, 11580 30'h Street, is curre `� uildirl ;a colonial style home. He questioned the copper main pipe requirement vs.hi e y pipe to run water to his home. City Administrator Rafferty offered a friendly dment to direct the City Engineer for engineering stats for copper liM. V. rrh EMr.McLeod was also concerned about the type oflzghtsIowed. In keeping with his Home style,the lights he wants insf I d are na Mowed. Due to a break-in, a Deputy suggested motion sensor lights M/S/P Johnson/Conlin-to ha' ; 'lmungmmission review the ordinance for lighting. (Motion pass...ed,Q.. B. Ginny Folder—R Ay/%shington Cable Commission,Rep. Ginny Holder not fft' :d the City o `Lake Elmo has 14,800 cable hook-ups. The „.. ,. Commission gave tl�e� ity$2900 plus to help provide a new cable system. A Grant is available for fdr er. unding. The new Public Works building will have Inet capability for residents. 4. CONSENT AGENDA: A. Resolution No. 2006-026: Approving Claims M/S/P Smith/Johnson—to adopt Resolution No. 2006-026 approving Claim Numbers 315, 316,DD664 through DD681, 28819 through 28850, which were used for staff payroll dated March 16,2006; claims 28851 through 28900, in the total amount of $272,067.69. (Motion passed 5-0) B. Minutes and Structure: moved to New Business 6A City Administrator Rafferty presented research from LMC and the City Attorney. Minutes should be concise,to-the-point, comments are not recommended. Council Lake Elmo City Council Minutes March 2I,2006 2 DRAFT Member DeLapp wants precise, exact wording on motion or second of motion and to retain comments if they'are a valuable sw-nnary by members; or the background of decision. Council Member Conlin said that would be achieved if motions included Findings of Fact. Council Member Johnson said watch the meeting or check out the tape. Minutes are not appropriate with comments. M/S/P Johnson/Conlin-to approve the amended Minutes and Structure documentation process as presented to record all City Council and Commission meetings. (Motion passed 4-1: DeLapp-wants history behind rationale on split decisions from Commissions) C. Monthly Operating,Report: M/S/P Johnson/Conlin—to accept the February 2006 Monthly Operating Report. (Motion passed 5-0) 5. FINANCE: =' A. Annual Audit: Steve McDonald from Abdo, Eick&Meyers present11 a report and responded to inquiries. Audit was compliant. Finance Director B uthilet:: d City AdZnistrator Rafferty are in agreement with the figures and finctr N;,, ommendation was to accept the 2005 Annual Audit Report. ` I ' M/SIP Canlizi/Johnson—to accept the 2005 x r F... al e orl(Motion 5-0 p P (M } � ..... . 6. NEW BUSINESS: See Consent Agenda 4B 7. MAINTENANCE/PARILM-1% UIL LING: A. Update on,Buxldina Mt Jim McNamara ' The Building Officeportctlo.n the:;teration of the car wash at the Marathon gas station located at lly..5 and 1Vlnin venue. Reclamation-type recycling system car wash using four- Q::--gallons, fexed and back into use. Meyer Sanitation pumps quarterly with filtersned/erit' Ia ied. Council Member DeLapp questioned what percentage of salt/gas/o >" goes back into the ground. ,h . Building Official McNamara recognized Karl Horning receiving Full Certification as a Building Official. State of MN currently utilizes 2000 ICC and they are updated every 3 years. Revisions of ICC 2003 were never completed by State of MN. ICC 2006 will be the next edition adopted by the State in early 2007. B. Fire Dept. Updates: Chief Malmquist—Moved to Public Informational Section Fire Chief Malmquist recommended new recruits Matt Mazzara and Kristine Johnson be placed on probation. M/S/P—Johnson/Smith,to place Matt Mazzara and Kristine Johnson on probation with the Lake Elmo Fire Dept. (Motion passed 5-0) Lake Elmo City Council Minutes March 21,2006 3 DRAFT Fire Chief Malmquist recommended that Rick Myran be moved from probation to firefighter status. MIS/P—Johnson/DeLapp, to place Rick Myran to Firefighter status. (Motion passed 5-0) Update on Firefighter Grant—Fifteen departments in Washington County with radios. Cost is $1,500,000 for the City,but the County will pay a cap of$1,000,000. User's fee is $300/year. The Fire Dept. will be celebrating 50 years in 2007, and a Committee is being formed to plan a 50th Year celebration. Help and suggestions are welcome. 8. CITY ENGINEER'S REPORT: A. Resolution 2006-027: Award Bid for Phase IV of the Water S, s� tern Interconnect Project .. 0 In his letter dated March 10,2006,the City Engineer reported . seven bids were opened on March 10,2006, for this project. The City Engixr re>' ended awarding the contract to Ellingson Drainage for their bid of$412,7868. :�• M/S/P DeLapp/Johnson—to adopt Resolution 200627, a Resolution awarding the bid for the Phase IV of the Water Interconnect Project taJlnson Drainage on the amount of$412,758.68. (Motion passed 5-0) B. Resolution 2006-029: Accel)t Feas1b111ty Report��2006 Overlay Tablet Park Neighborhood > ""< —_.......�— " <: .:::• The City Engineer resented the `" '` y p y-- y g p ` the Faibilit Report for 2006 Overlay Tablyn Park Neighborhood Prd. t. M/S/P Johnson/DeLapp -to adopt Resolutlorl 006-02% a Resolution Receiving the Feasibility Report and_pang a Pulie Hearing on April 18,2006, on Street Repairs for Tablyn Park Neigl�lrhood ' lotoi >> assed 5-0) C. Resolu :2006-030 1 Chris Riley Utilities, Inc. City Engineer Prew�M, IN otifie `>by letter Chris Riley Utilities,Inc. will not be completing Water Syste Znteffcormection Phase I and III Contracts. Recommendation is to terminate the contract "fdcause." Travelers Casualty and Surety Company was notified by Riley Utilities,Inc. for non-performance M/S/P Johnson/DeLapp—to adopt Resolution 2006-030, authorizing and directing City Staff to initiate or continue action with respect to the City's claim on the performance bonds. (Motion passed 5-0) 9. PLANNING,LAND USE & ZONING: A. Request regarding the gpl2lication for the Haire Variance—8160 Hill Trail, The City Planner reported that these variances to the OHW setback and minimum lot were denied by the Council at the March 6,2006, Council meeting. Due to extenuating circumstances, the Council agreed the applicants should have the opportunity to be Lake Elmo City Council Minutes March 21,2006 4 DRAFT reconsidered based on new information and written statements at the next Council meeting but that this does not mean the Council members will change their decision. MIS/P -Johnston/Johnson--to reconsider the Haire Variance, 8160 Hill Trail, at the April 4,2006, Council meeting. (Motion passed 4-0-1; Conlin Abstained-did not attend the March 6, 2006, meeting) B. Variance for Septic System Setback for 7949 Hill Trail (Scharrer). City Planner Dillerud said the existing septic system at 7949 Hill Trail is no longer functioning. The system is not yet a health hazard and the applicants are being responsible about the problem. They are requesting a variance to Septic 700 septics/ design standards to permit a replacement drain field within 15 feet of the existing house where a 20 foot setback is otherwise required. M/S/P Johnston/Conlin—to direct Staff to come back wit Iafor denial of Resolution No. 2006-028,because applicant can constru. a mound s e drain field without need for set back variance,and waive the varrce applicatiorf ' ,.. (Motion passed 5-0) .�.� C. Zoning Ordinance/City Code Amendmeri - ;:Horne Occupations t The City Planner reported that over the past ra Xears the .ave been numerous >.»::---- meetings with the City Council and Plannirr _Coon,` 1 numerous drafts prepared -------------- addressing the regulation of Home Occupation. :: r am a draft set of City Code amendments that had been created and econ' ed by the Planning Commission,and on which the required Public Irmg hal been c ;nducted. Council Member Smith passenut ahandou d said she believes that the Home Occupations ordinance Else the C>t::> of Oak Park Heights is the model to follow,not the Shoreview model onwliich the Pl Commission recommended amendments to the City Code are a ww. based." ity er Dillerud said that the Planning Commission has reviewed the Hie Occupan regulation strategies of several cities, including Oak Park Heights. ------------------ Mayor Johnston said the Me Office is an asset to the City. Perpetual licenses are not recommended. Licenses should be renewed annually and a mechanism is needed to operate a business in a residential zone. Storage-related businesses need to have a numerical limit, i.e.,2,000 sq. ft. AG businesses need more storage. Council Member DeLapp said AG zone is not a residential zone and space is hard to control. Council Member Conlin said she would like to see what is in the ordinance before deciding to license. Council Member Johnson said she was on the Planning Commission during the early work sessions on regulating Home Occupation,and she is not supportive of an overly complex set of regulations. City Administrator Rafferty suggested that Home Occupations be moved to the next Council Workshop,and changes that need to occur by the Council. Lake Elmo City Council Minutes March 21,2006 5 DRAFT M/S/P DeLapp/Johnson—to move Home Occupations to the next Council Committee i meeting on April 11, 2006. (Motion passed 5-0) D. Ordinance 97-167: Zoning Text Amendment—CUP in AG Zone for Outdoor Social Events The City Planner reported that the Planning Commission conducted a Public Hearing regarding a proposal to amend the Zoning ordinance to permit"Outdoor Social Events" on properties within the AG zoning district. The Commission recommends another Conditional Use to the AG District for Outdoor Social Events with nine required conditions. Council Member Conlin expressed concerns about the noise ordinance, police and parking. Residents could apply for a CUP. Council Member Smil,h"Expressed that tastefully done, with adequate screening, would be acceptable Council Member Smith requested clarification of"over b -,0 pm,"to include that lighting would be turned off, and everything cleaned, f ; M/S/P—Johnson/Conlin—to table to the next Coun6lffl(orkshop,April 11, 2006. (Motion passed 4-0-1: DeLapp-he was unable able to p de comment) E. Ordinance 97-168: Amend GB ZoningiiiQstrict T1 Restaurant Drive-Up Facilities WV The City Planner reported that the.XNat ping Cor ssion has conducted a Public Hearing i and recommends amendment to e General Busi th ness District list of"Permitted Uses"to include drive-up service windows at cafos d resurants, as otherwise regulated by the City Code. He noted that the CbmmMon's re endation specifically excludes both menu boards and intercom, sterns associated with the drive-up window. Business owner Ed Orman, o orman's Restaurant, stated that customers are changing and would like to s& wa,menu bo 4 approved. It would be limited to 10% or less of his menu and can be placed<put-of;�% ht. Council Member Conlin asked if adequate vehicle stacking was a concern. City Planner Dillerud said probably not for Gorman's site but would have to be reviewed on individual sites. City Attorney Miller explained "cafe menu" and said it was a"slippery slope for fast food." He could redraft ordinance to draw a distinction between fast food and Gorman's. M/S/P DeLapp/Johnson--to bring back provisions to preclude fast-food to the April 11, 2006, Council Workshop, and reconsideration to the April 18, 2006, City Council meeting when all members will be in attendance. (Motion passed 5-0) Lake Elmo City Council Minutes March 2 i,2006 6 DRAFT F. Village Area Master Plan Recommendations—Next Ste The City Planner reported that the City Council and Planning Commission were presented the recommendations of the Village Area design team/master planners at a s Workshop March 14,2006. Staff recommends directing the plan to be presented again at a larger Public Forum in early April, and focus on public commentary regarding the plan. A complete Public"airing" of the plan prior to addressing details and implementation strategy is the most efficient approach. City Administrator Rafferty felt that Engstrom's team did a great job, but the Plan now needs Public review and interaction. M/S/P Johnson/DeLapp—to direct City Planner and Village Area Master Planner to proceed to introduce the Village Area Master Plan to the public with a dual presentation- poster board presentation, and a formal presentation. (Motion past 5-0) G. Direction to Staff/Plannin,Commission for N Ordinance The City Planner reported that the Planning Commissio as previo'11,.;reviewed "Performance Zoning"as an alternative to"Euclidia>a ::;Mining,and inubstantial progress with its consultant toward drafting a new�.Plt`forman Zoning O`rclinance for Lake Elmo. He noted that the City must have a co r p`7eted Zoning Ordinance Map and Text corresponding with the 2030 Comprehensive Plavthin 9 months of the Comprehensive Plan being approved by the. :C; appro' ately February, 2007. ( Mayor Johnston's concerns about Performanc �Za igl Cl at it is very"staff dependent," o�,�t;and that only a few people understabecautse„or its complexity. Council Member DeLapp asked what is acceptabf or Wommu ity. Council Member Smith agreed with the Planning Commissithat" , 't" he old zoning ordinance is wasting time. Council Member Johnson u�an#s to see a ther presentation for a better understanding of the ojftits available M/S/P DeLapp/Json—to digit Sta£fto have a presentation on Performance Zoning by Lane Kendig. Planning mmission should be invited. (Motion passed 5-0) 10. CITY ATTORNEY.LR2EPORT: None. 11. CITY ADMINISTRATOR'S REPORT: A. Update on RFP for Animal Control--verbal Administrator Rafferty requested City Council to extend the current Animal Control Officer's Contract through April 30,2006. M/S/P--DeLapp/Smith—to extend the Animal Control Officer's Contract through April A 2006. (Motion passed 5-0) 12. CITY COUNCIL REPORTS: None. Lake Elmo City Council Minutes March 21,2006 7 DAFT ~ Council Meeting ended at 10:50 p.m. Respectfully submitted by Carole Freeman, Recording Secretary Resolution No. 2006-026 Claims Resolution No 2006 7: Wore Systems In mr 0n /Phase IV Resolution No 2006 0 2006 Overlay Feasibility Report-Tab n Park Neighborhood Resolution No 2 06 d O: Cbr&Riley Utilities, In& ContractTerminaton { � ARX low | �� A^ �X. % ! k + ! � �� - 2 � ; X � �®X.� �\ i % . i i i Lake Elmo City Council Minutes March 2,2006 8 Lake Plano City Council Meeting Minutes March 6,2006,Approved: March 21,2006 Page 2 i City of Lake Elmo City Council Meeting Minutes of March 6, 2006 Mayor Johnston called to order the meeting of the Lake Elmo City Council at 7:00 p.m. COUNCILMEMBERS PRESENT: Smith,Johnson,and DeLapp. STAFF PRESENT: Administrator Rafferty,Planner Dillerud, Finance Director Bouthilet, and Recording Secretary Schaffel. ALSO PRESENT: City Attorney Filia. L AGENDA M/S/P,Johnson/Smith to accept the Agenda as presented. Vote: 4:0, 2. MINUTES M/S/P,Johnson/Smith to accept the Minutes of December 6,2005 as presented. Vote: 4:0. MINUTES OF JANUARY 17,2006 Mayor Johnston said he called the meeting to order. Councilmember Smith said that Page 6, large paragraph,95% who contacted her do not support a 4 year term. Page 7, 4:1 vote, Smith wanted to move forward with the purchase of the Gen Tek. Page 10,2/3 down,closed at 9:44, Smith liked the idea of being able to drive to a service window for safety and convenience reasons. Page 12,41h paragraph,pictures are worthless because there are no measurements. 2/3 down,Smith said she called into question the validity of the Resolution because it was.never published. Page 14,he not she under Council Member Johnson. M/S/P,DeLapp/Smith to accept the Minutes of January 17, 2006 as amended. Vote: 4:0. MINUTES OF JANUARY 24,2006 Page 2, Smith 24,000 and 6,600 REC units--reiterated that Chair Bell and his staff present at meeting at Met Council office assured Lake Elmo would not have to go over the agreed upon numbers. Councilmember DeLapp left the table at 6:42 to chair the county planning commission meeting. M/S/P,Johnson/Smith to accept the Minutes of January 24,2006 as amended. As amended. Vote: 4:0 MINUTES OF JANUARY 27,2006 Mayor Johnston paragraph about the MOU is not the intent for it to be silent page two. Paragraph two delete sentence with silent above. The Planner read from... M/S/P,Johnson/Smith to accept the Minutes of January 27,2006 as amended.Vote: 4:0 MINUTES OF FEBRUARY 7,2006 Mayor Johnston,page 9,middle,Councilmember DeLapp Item C, speculative and inflammatory strike two paragraphs where he said he phoned Sedro. Remove from last page Mayor and administrator said they would take care of it. Mayor Johnston,page 9,agreed DeLapp contacted Pulkrabek and recommended Sedro to county planning commission. Strike first sentence indicating job was not done on page 10. M/S/P,Johnson/Smith to accept the Minutes of February 7, 2006 as amended. Vote: 4:0. MINUTES OF FEBRUARY 21,2006 MIS/P,Johnson/Smith to accept the Minutes of February 21, 2006 as presented. Vote: 4:0. 3. PUBLIC INOUEIZIESANFORMATIONAL A. PUBLIC INFORMATIONAL Sheriff Steve Pott said there was a marijuana arrest in the city Friday at 2270 Manning Trail. 2 people are in custody. The police confiscated plants,cocaine,methamphetamines,guns, and ready for sale marijuana. The home i Lake Elmo City Council Meeting Minutes March 6,2006,Approved: March 21,2006 Page 3 is owned by the woman arrested. He said it would be shortsighted to think drugs are not in the community. In a recent student survey, the use of marijuana has increased significantly. Growing and warehousing is more a problem in this area than distribution. B. PUBLIC INQUIRIES No inquiries. 4. CONSENT AGENDA A. RESOLUTION NO.2006-023:APPROVING CLAIMS B. LEASE AGREEMENT:WASHINGTON COUNTY FAIRGROUNDS—CLEAN UP DAY M/S/P, Johnson/Smith to adopt Resolution No. 2006-023 approving claims in the amount of$427,452,21 and approving a lease agreement with Washington County Fairgrounds for Clean up Day. Vote: 4:0. 5. FINANCE No report. 6. NEW BUSINESS No new business. 7. MAINTENANCE/PARK/ITRE/BUILDING A. PARKS DEPT.:LANDSCAPING AT LAKE ELMO ARTS CENTER Administrator Rafferty said Bob Meyer requested expanding art into the living environment in the form of landscaping surrounding the Art Center. A presentation was made to Parks Commission and unanimously recommended. MJS/P, Smith/DeLapp to support Robert Meyer's request for the addition of creative gardens at the Lake Elmo Art Center. Vote: 4:0. B. UPDATE ON FIRE DEPT. ACTIVITIES: CHIEF MALMQUIST No report. Postponed. S. CITY ENGINEER'S REPORT No report. 9. PLANNING,LAND USE &ZONING A. 1990 PARK PLAN UPDATE The Planner said the Parks Commission unanimously recommended a$20,000 increase to the CIP to hire a consultant to update the 1990 Park Plan. The Park Plan will be needed to determine the need for community playfields among other needs M/S/P, Johnson/Johnston to begin the consultant solicitation process and set a CIP hearing to amend the 2006 CIP increasing the Park Plan project from $5,000 to$25,000. Council Member Smith said even now we do not have enough ball fields according to Parks Commissioners Todd Bruchu and John Herofff, Councilmember Johnson said part of Council's role is to look, forecast and work to identify the needs of current and future Lake Elmo residents,and this is our opportunity to do that. Mayor Johnston stated that it is the Council's role to manage the People's business,and it is more efficient to hire a consultant and keep staff low. Administrator Rafferty said parks are being inventoried and will soon be finalized. A needs assessment was I } e Lake Elmo City Council Meeting Minutes March 6,2006,Approved: March 21,2006 Page 4 requested after discussion with Oakdale about'a joint park. The Park Plan needs to be updated since 1990. That will give us a vision for today and into the future. Vote: 3:1 No--DeLapp: Councilmember DeLapp is opposed because he does not see how it benefits existing residents. Dollars for downtown plans have not been spent yet. Commissioner Todd Bruchu can.tell Council what the city needs,and we don't need to spend money on a consultant. We do not need to pay someone to tell us what we need when we already know we need it. B. ZONING VARIANCES—HAIRE(8160 HILL TRAIL); RESOLUTION NO.2006-024 The Planner explained the variance request for a complete tear-down of an existing home and construction of a new home. He said the Planning Commission recommended approval on a vote of 5:4. Two variances are required for the setback distance from OHW and construction of a new home on a lot substandard by area. M/S/P,DeLapp/Smith to adopt Resolution No. 2006-024 denying zoning variances for 8160 Hill Trail based upon facts and data included in the staff report and Planning Memo of February 13,2006. VOTE: 4:0. C. ORDINANCE NO.97-166 RELATING TO PRIVATE WELLS/RESOLUTION NO. 2006-025 DECLARING POTENTIAL HAZARD The City Attorney prepared two actions for Council to consider. One has city-wide application to allow the sealing of wells when city water becomes available and the other is for an area where a potential hazard exists. The report should say sink faucet not sick faucet. City Attorney recommends changing VIEW TAPE M/S/P, Smith/Johnson to adopt Ordinance 97-166 amending sick faucet to sink faucet and adding 600.21 B.A private well which has been declared to be a known or potential health hazard by resolution of'the city Coned shall be sealed pursuant to the regulations of the Minnesota Dept. of Health. Vote: 4:0 M/S/P, Smith/Johnson to adopt Resolution No. 2006-025 amending it to add"as illustrated by Exhibit A"and to add that"all of the private residential wells in the WCLE Area are located downstream from the source of contamination and draw water from the same aquifers." Vote: 4:0. 10. CITY ATTORNEY'S REPORT No report It. CITY ADMINISTRATOR'S REPORT A. WORKSHOP ON MARCH 14 -PRESENTATION OF OLD VILLAGE PLAN Next week at the Council Workshop at 6:00 p.m. (televised)will be the presentation by the Bob Engstrom Team retained by the City as of the Village Plan. The Planning Commission will be invited to attend. The Mayor said at the next council meeting the Council will take action to decide how to present it to the public. 12. CITY COUNCIL REPORTS A. MAYOR JOHNSTON 13. COUNCIL MEMBER CONLIN Absent C. COUNCIL MEMBER DELAPP a. Wastewater from wash bays at gas station may be going into the ground at Cenex. b. Inwood street signs wired in and wondering if it was done. Budgeted money for speed signs. Administrator Rafferty said we have one and it is deployed by the Sheriff's office. Lake Elmo City Council Meeting Minutes March 6,2006,Approved: March 21,2006 Page 5 c. After flurry of letters from Mary Devine in Afton, and it is obvious that Met Council is barely hitting horizon on townships. What we have been imposed with is a seven county issue. They do not necessarily have to sit down and take it alone. EAW called for 1.7 million gallons capacity to Lake Elmo and 2 million concurrently to communities along I-94. They are being told they have to take it in the EAW but after this was called to the attention of the Met Council,this directive was rescinded. D. COUNCIL MEMBER JOHNSON Wonderful local newspaper coverage of the Lake Elmo Inn and their recent awards. E. Council Member Smith Chelsea Jones with the ,Stillwater Ponies is somebody to watch. Employee and Volunteer Recognition Banquet, Friday, March 10, 6 p.m., Tartan Park Board of Review on May 3 from 4-6 p.m. Clean-up Day June 3 Council Workshop:March 14, 6 p.m. Adjourned at 7:29 p.m. Respectfully submitted, Kimberly Anez Recording Secretary i Lake Elmo Agenda Section: PUBLIC INFORMATIONAL No. 3A 1 . City Council April 4,2006 Agenda Item: Water Ski Show: Joe Kjesling Background Information for April 4, 2006: Joe Riesling,Tri-Lakes Assoc., is requesting Council approval of a Water Surface Use Permit for the Annual Water Ski Show on Lake Jane, August 12, 2006. The Tri-Lakes Assoc. has secured the appropriate insurance coverage and the Sheriffs Department will sign off on the permit pending Council approval'. The Fire Department will be contacted to provide an emergency vehicle. Mr. Kiesling is requesting a waiver from surface water rules for the days of this event and a "No Parking" permit to park from Jamaca Avenue to Jane Road North. Action Item: Person responsible: MIS/ to approve the permit request of Joe Riesling, on S.Lumby behalf of the Tri-Lakes Association, to hold a Water.Ski Show on Lake Jane,August 12, 2005, based on the submittal of the appropriate information and on past favorable requests. Attachments: 1. Water Surface Use Permit 2. Insurance certificate FROM FnX NO. Jun. 13 2005 09:41RM P3i3 BAR-28�06 Tll 1 D l PM C I TY�OI,A]{B-E7 AEG SAX AID, 651 777 9615 P. 2 V W 0111ce of the Sherill comntrtt ant to eve&1ta i I atev�Rott � i3tl�ritf ' Chuok Yetfor Chlgf Deputy APPLICAVON VOR WATER WRYACE USE PERMIT To Place a raft,bUllyd or otlkar s:trncture Olt or in the waters of thle coaapttsy parsa trittu MN Rules 6110,1000 t►ddaaeal .. TAp Coder�A%. Body of water wh rma-t acture will be loeatetr: Type ofstructur®, 6\ ` IV rnstallatio"ofstr uctgrs(dat�) Permit requirements, 1. Diagram of water surface sbowing placement of structure,ircluda the depth of tha water atf-he loemtloAP vrtb4i ttruatttrlo. pereaalt c%ust W iseucd befofie strmatttre is placed on or in the water, 3. y'ioafixag raft swim buoys and mooring buoys must be placed between the permit holder's property i lWeia as tb,ay ey,,tdald irata the take.. These stratetures aaa1je4 ba wttbife 100 feet of shore, i 4. Structure mur4 display proper reflective material as deaer$ed to NN State Rule 6110.1800. 5. perm t cumber must be displayed on the structure using cumbers that sire at least two ittehas high and a eohtr+aating Color to the•area where they are attached. 6. Permanevt water Ad.slalom courses And water sk)jumps►YI"t be approved by a representative of lhfh City or Townahlp where the eo4se will be looated. Slalom courant cRyAbot ext,oedi 900 feet is length mid mast display permit nuitlmr talk the end floats. Surface floats Most be submerged er ire►atoved whoza the course is not in use..Property owaarsa which the course directly affects MUSS`give wrlttem permiseion. Slalom coursea aid Sltl jump$cannot be s navloatlonal Ibazard. 'Water skl jump$aaaust be 1•ightA during the hours of darkness. CitylTowasbilp Representative printed aa®ane: 5lga�atu a;e�, SlgnatrareatA.ppticanta _ L.aw E tforcernarR C00%r - 15^1► 62nd Street North—P 0,Box 3801,Sftawr,mnneeaia 55082-3501 Phtiho,. 861-430.7600 a Fax: W,430-7603 - TTY., 851-430r8248 tuww,co.washington.mmas Equal Employment Clppattw 0y(Affirmative Aotion i FROM FAX NO. Jun. 13 2005 09:41AM P2i3 h1A — 6—QFs TH 12:01 PY CI TMF�LA1{E+-RLMO FAX NO, 651 777 9615 P, 3 wp LA E CITY OF LAKE ELMO PemtltNo, JLtLLKq WAIVER OF WA ER SURFACE US REGULATIONS Rate Lake Rime City.H di :$80O LaverneAve-IV& Lake glmq,,MN 35042 Voice:4si-.7'77 5510 , Pax; 651-777�R61S P � • organizatioA LA C. Relationship t4 org, Applicant's Address -1 Phone unbers '' ` Y4 .. �r '4 z �. Date PrefrEY1eGs �14 Au 9 { Hours �' a+^^ lb.o� � Av ivity/Purposo ' t 'o1 t h e r a b y Aokrtowlaclg®the fill owing: . X have mceived,read,and understand the rcquirenonts of the Lake Elmo O,rcC,jo4nce 97.150, for a Special Peanit allowing the Waiver fmr Waw Ski Shows. A copy of the perwit will be at the event at all times daring ft periuitted period of time. Slghat ure of Applicant Data Approved Q Denied 0 Notified Sher'sfF D ' city clerk i3linetore City Administrator Sisneture Data 3/15106 FROM FAX NO. Jun. 13 2005 09:21AM P1 M CERTIFICATE OF LIABILITY INSURANCE 11/1612005 11M 512005 PkorvU E7t (00)233.0910 FAX (646)233-0923 THIS`CERTIFICATE iS MUEDAS A MATTER OF INPORMATION Arthur J.Gallagher Risk lWanagement Services,lnC. ONLY AND CONFERS NO RIGHTS UPON THE CEiRTJFICATO The Waters Rullcdfng HOLDER..THIS s:ERTIFICAr DOES NOT AMEND,EXTEND OR T THE COVERAGE AFFORDED B THE POLICIE.6 BELOW. 161 Ottawa,N.W.,Suit®q73 Grand kapidst,MI 49503,2799 INSURERS AFFORDING COVERAGE NAP;# INURED UM Water ski Asi0stion IN,9URERA: Cehtuty surety Company 1261 Holy Caw Road I INSURERB: Polk City,FL 33868 INgl+RKRc' ._ INSURER D: ".. _..... INSURER E: LL GE$ T14E POLICIES OF INSURANCE LIM'RO MFJ.,OW HAVE BEEN ISSUED TO THE INSURED NAMED AflOVL FOR TI IE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM ON CONDITION OF ANY CONTRACT'OR OTI iER DOCUMENT WITH ROISPECT TO WH1CH THIS NtATIFICATE MAYBE ImgJriR OR MAY PERTAIN,THE INSI,IRANCE AFf"01)CO BY TIME POUGfE5 OESCRAI'!1 HEREIN IS SUBJECT TO J11_i.'IMF.TERMS,EXCLUSIONS AND CONDITIONS Or SUCH POLICIES.AGOREOATE LIMfr8 SHOWN MAY HAVE RFEN REDUCED BY PAID CLAIMS. INSR n TYPPOFINSURANCE POLICYNUMSIER POLICYEFFBCTIVR POLICY' "iRAT N ._ LIMITS GENERAL LIABILITY CCP 388513 1110112006 1213112006 EACH OCOURRSNCE s 1,000 000 X COMMERCIALGENERALLIABILITY AMAGETORINTRa D p courerlr'p) _ . CLAIMS ® .._.. OCCUR MWFKP(Anyormporxom) ffi Excluded _ A _ PERSONAL&ADVINJURY s 1,000 000 X Per IaVent AggYegat 2,000,000 •ORNERALAGGREGATE GERL AGGREGATE LIMIT APPLIES PER: PRODUCTS.GOMPIOR AGG § 1 O00 000 POLIOY J 4.0c AUTOLIO>jII.M:L(ABN-1TY COMBINED SINGLE LIMIT ANVAUTO (F.aacdCettli = ALL OWNL'G AIITDS BODILY INJURY i SCHEOLN.ED AUTOS (Por per>;OR] NIREDAUJTOS BODII.Y INJURY ..•'.^_ NOWOMRd60 AUTOG (PRr'Sccutentl PROPERTY DAMAGE S (Pryor-ddanl) CARAQE LIABIbI Y AUTO ONLY•FA ACCIDENY 9 ANYAUrO EAACc i - OTHER THAN AUTO ONLY: AGO $ DXCESSIUMBREU.A�LIABILITY GGP 381 060 101/256 12/31/2006 EACH DCCURR6NOk t 1,000,000 ( X OCCUR 1 1 CLAIMS MADE ACJOREGATE .S 1,000 000 DEDUCTIBLE S A RCTCNTION WORKERS COMPENSATION AND WCSTA-W.EMPLOYERS'LIABILITY A S,4y EACH ACCIDENT NyWIUTIVE .... 1 Op ARTNESKECry�F,REXG.UbI"D7 E.L,DISEASE-kA6MPLOYE S +.�__ I1 Y68,090cAba 13nQ9f m. •-- SPE.CIAL P BIO 5 slow F.I.,DIRRABE-POLICY LIMB S OTHER 1 OESCRIP11ON OF OPERATIONS I LOCATIONS 1 VEN(CLRS I EXCLUSIONS ADD90 AT ENCORSEMENTI SPECIAL PROVISIONS CERTIF(CAT E HO bIER CANCELLATION SHOULD ANY OF THE ABOVR AESCRMBb POLICIES SE CANCELLED BEFOR£THS FXPIRATION DATE THpREOF,THE ISSUING INSURER WILL ENOSAVOR TO MAIL 3 a DAYS WRIT76N NOTICE TO TIIB CP-RTfFIOATE HOtAER NAMED TO THE Lr", BUT PA)LURE TO MAIL 90tN N*TIGR allAf.l.IMPOSE NO OBLIGATION OR LIABILITY OFANY I(INb UPON YHE INSURER,ITU AaBNTSOR ItAPRESENTATMFS. For Informational purposes 0FI1Y AUTHORIxp.D lt"REgENTATNe Leh Der ACORD 25(20011/08) OACORD CORPORATION 1988 CITY OF LAKE ELMO ARBOR DAY PROCLAMATION WHEREAS: Minnesota is home of many of our nation's natural resources,foremost among them are our beautiful and abundant forests; and . WHEREAS: 'frees are an increasingly vital resource in Minnesota-today, enriching our lives by purifying the air, conserving soil,water and energy, creating j obs through a large forest products industry, serving as recreational settings, providing habitat for wildlife of all kinds, and creating beautiful landscapes to make our communities more livable, and f WHEREAS. Human activities such as construction damage,pollution and neglect,as well as climatic extremes, disease and insects threaten our trees, creating the need for concerned action to ensure the future of community and rural ; forests in our state and throughout the country; and WHEREAS- Each individual can.act locally to improve the environment by planting ' trees and ensuring that these trees are protected and receive proper maintenance in the years ahead;.and WHEREAS: Each year on the last Friday in the month of April and throughout the month of May, the people of Minnesota pay special tribute to the vital natural resource that our trees represent and dedicate themselves to the continued vitality of our state's community and rural forests; NOW,THEREFORE, I Dean Johnston,Mayor of the City of Lake Elmo, do hereby proclaim April,28,2006 to be ARBOR DAY And the month of May, 2006 to be ARBOR MONTH in Lake Elmo, Minnesota. Signed this 4t'day of April, 2006 Dean Johnston, Mayor Tree City U.S.A. CITY OF LADE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-031 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 317, 318, DD682 through DD694, 28901 through 28907, were used for Staff Payroll dated March 30th, 2006; claims 319, 28908 through 28948, in the total amount of$493,366.20 are hereby approved. .ADOPTED, by the Lake Elmo City Council on the 41h day of April, 2006. Dean A. Johnston Mayor ATTEST: Martin J.Rafferty City Administrator 00 � a. � a oa o o w o n o pCD o 0 0 CP CV CD w a, o N (') CD , O a'• v� � Y� CD Un C coo h7 UJ W Q O N CD t3 7C O r� Y1 Y H 0) ,r in in 0 0 w w O O d 0 0ll Q, N N O O w w p O O O FSy A C, N N N N N N N ry cQh C. � 00. 6Oi OOi 6Oi � d K CD � O OC O 0 grCD CD CD n Q cn.Q O.Q O •P eft r r0 U \p fD CD O C. 6 O O O i CD CD CD p O O O O - a -• CG a �<pi pA• ��+j_ fs > G• ?rn W Q' G P O C. 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O� 00 4 ? �°��Vppi .P0oN0o ►-� V �D W ooppN�� �ppw�� p� p� � � . poo � OS � 0 O, PatLhC% Uj iY �. AN °1w W Ui '-' p pp pp pp pp "' pp pp e•P O pp OOOO � •P •pP .P � •0P •P �O.OA •P •P •0P � b P C�l p A .p .p ? A ? A 00P• .IO .OP -? Op, CD. NNNI� t.� ppNpNpN f0 d O S S. S O G O O S S O O CD O O O p O O\ ON 0, 0, a, 0, G, 0, 01 °, °, O, O'c' C�i G1 T 0, b oo- CD CDC> oo � w �-+ M N M O Wes. 1tir� o�oo � a Z, K o �n b Q = Wo1.4DP Q' 00 I.DF, \.aMo oOd� 1.0.P1.��0 W oo \° o0oioo zW tO 9Zo 'D o CD o .a .p o <mk'O y' p G O\ tlj O Vt O O .- W C> o O O d d ;j 0- a+ w w w w w w w w w w w w w w w w w w 00 p w p O O O d o o d d O 0 0 0 0 0 0 0 0 w O O O 0 O O O O O C O O O 0 O 0 0 �O x x a a O D O '-d w UG n o oOo ON W o c I o IK z 5 o �' �� eLO �-h � p b O G LJ � tJ N N w R� r-+ O 000 M p O � O 0 � � Y oaf 0 0 i x z rat ro nECEIED MAR 7 0 2066 CITY OF LAKE ELMO 2006 BILLING SUMMARY MONTH 11135 11140 11145 11150 11155 11161 TOTAL Administration Criminal Pros Public Imp. Prqj Community Dev Civil Litigation Auto Forfeiture Jan $2,381.27 $3,516.24 $363,00 $1,821.52 $135.00 $8,217.03 Feb $1,364.70 $4,574.62 $572.96 $616.00 $1,997.00 $5.00 $9,130.28 March $0.00 April $0.00 May $0.00 June $0.00 July $0.00 Aug $0.00 Sept $0.00 Oct $0,00 Nov $0.00 Dec $0.00 Totals $3,745,97 $8,090.86 $572.96 $979.00 $3,818.52 $140.00 $17,347.31 i i i I I i E 1 1 3/17/2006 - "-O�Uite 300 �� (651)291.8955 50 East Fifth Street (651)228-1753 facslmlle St.Paul,MN 55101.1197 BER(�,G JI Federal Tax ID#4I-0991098 Page: 1 CITY OF LAKE ELMO 02/28/2006 3800 Laverne Avenue North ACCOUNT NO. 11135M Lace Elmo MN 55042 FEES EXPENSES ADVANCES BALANCE 11135-000008 Comp. Plan Update 2000-2020 0.00 0.00 220.70 $220.70 11135-920001 Administration 1, 144.00 0.00 0.00 $1, 144. 00 1, 144.00 0.00 220.70 $1,364.70 i i } i s I THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECIBVED AFTER THE EAST DAY OF THE MON1TN 4A ELL 3T1E CREDITED TO TIRE NEXT M®1aI' HISS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. PETSuite 300 ERSC V (651)29-1-8955 50 East Fifth Street `�— (6511228-1753 facsimile St.Paul,MN 55 1014 197 ° � Federal Tax ID#41-0991098 e n e e Page: 1 CITY OF LAKE ELMO 02/28/2006 3800 Laverne Avenue North ACCOUNT NO. 11140M Lake Elmo MN 55042 FEES EXPENSES ADVANCES BALANCE 11140-030001 Misc Prosecutions 4, 080.00 17.66 0. 00 $4,091. 66 11140-050148 Korgh, Allison Caron no park permit, no insurance 5. 00 6.42 0.00 $11.42 11140-050203 Carey, Brian .Lee DAS 22 .50 0.00 0 .00 $22 .50 11140--050252 Pinkston, Keith Antonio DAC 5 .00 1. 61 0.00 $6.61 11140--050261 Roth, Tanessa Lynn Violate restraining order 5.00 0.00 0. 00 $5 .00 . I 1L140-050267 Brown, Nathaniel DAR, expired registration 5. 00 0.00 0.00 $5.00 11140-050270 Gonzalez, Leonardo 4th degree DUI, DAS 5.00 0.00 0.00 $5 .00 11140-050274 McAninch, Andrea J. 2nd degree DUI 45. 00 1. 61 0.00 $46 .61 THIS STATEMENT IS DIM AND ND PAYABLE TO THE END OF TIRE,Cvifl®1`rH. PFi1tMEN'TS ICE C:.ERVED AFTEP THE ;.AST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 IES 'ON (651)291.8955 50 East FifthStreet (651)228-1753 facsimile St St.Paul,MNN F 55101-1197 B RG Federal Tax ID#41-0991098 Page: 2 CITY OF LAKE ELMO 02/28/2006 ACCOUNT NO. 11140M FEES EXPENSES ADVANCES BALANCE 11140-050283 Fletch, Jay William 3rd degree DUI 52.50 . 0.00 0.00 $52 . 50 11140-050293 Pita, Andrew 4th degree DUI, not a drop violation, open bottle 5.00 3.21 0.00 $8.21 11140-050295 Davis, Ali& DAS, no insurance 5.00 0.00 0.00 $5.00 11140-060012 Eide, Brian domestic assault 5.00 0.00 0.00 $5.00 11140-060014 Sanchez, Anthony DAS 5.00 0.00 0.00 $5.00 11140-060015 Thompson, Latasha M. DAS, no proof of insurance 5.00 0.00 0. 00 $5.00 11140--060016 Vogel, Martin Thomas illegal transport of BB gun 52.50 0. 00 0 . 00 $52 .50 11140-060017 Senkler, Michael James GM-intent to escape MV tax 10. 00 0. 00 0 .00 $10. 00 11140-060023 Antunes, Filiberto domestic assault 72.50 0.00 0. 00 $72 .50 'II HES STATEMENT IS DUE AND PAVARI.E TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT ltM1ipNTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. PEFSuite 300 E (651)291.8955 50 East Fifth Street " �-- (651)228-1753 facsimIle St.Paul,MN 55101.1197 �E-RGMAl VT Federal Tax ID#41.0991098 o e e o Page: 3 CITY OF LAKE ELMO 02/28/2006 ACCOUNT NO. 11140M i FEES EXPENSES ADVANCES BALANCE 11140-060024 Heller, James DAS, no proof of insurance j 5.00 0.00 0.00 $5.00 1 11140-060025 Leech, Jason Oliver 3rd degree DUI, 3rd degree test refusal 15,00 0. 00 0.00 $15. 00 11140--060026 Parent, Doreen Diana 2nd degree DUI, 2nd degree .08 = 10.00 0.00 0.00 $10.00 11140-060031 Eckert, Rachel Marie underage consumption 37 .50 0. 00 0.00 $37.50 11140-060032 Helwig, Robert j theft I 0.00 1. 61 0.00 $1.61 11140-060036 Bjorkman, Joseph speed 45/30 10.00 0.00 0.00 $10.00 11140-060040 Stevens, Michael L. 3rd degree DUI, DAC 75.00 0. 00 0.00 $75.00 11140-060041 Clasen, Christopher C. LSA, no proof of insurance 5.00 0. 00 0.00 $5.00 4, 542 .50 32 .12 0.00 $4, 574.62 THIS STATEMENT AS DOE AND PAYABLE, TO THE END OF THE MONTH. FA TME•IL'TS RFCIFIV ED AFTER THE LAST DAY OF THE MONTH WILL HE CREDITED D TO THE NEXT MON THIS STATEMENT. 'LEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. 1�A yen"°a eu" Suite 300 PUER .��..�� `J, (651)291-8955 50 East-Pau Fifth Street F ,g E (651)228-1753-0991 98 St,-Paul,M.N 55 i 0 i-1 i 97 '�/� Federal Tax FA dt4I-0991098 Page: 1 CITY OF LAKE ELMO 02/28/2006 3800 LAVERNE AVENUE NORTH ACCOUNT NO. 11145M LAKE ELMO MN 55042 FEES EXPENSES ADVANCES BALANCE 11145-060001 TABYLN PARK-LE HEIGHTS WATER CONNECTION 572.00 0.96 0. 00 $572.96 i THIS STATEMENT IS DUE AND PAYABLE'I'®THE END OF THE M.taN'Ir9EH. PAVMENTSS RECEIVED AFTER THE LAST DAY OF THE AIJ.Q9NTHii WILL BE CREDITED TO THE NEXT MONTHH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 1 (651)291.-8955 50 East Fifth Street 1--y- ��-^y {651}228-E753 facsimile St.Paul,MN 55101.1197 M � " Federal Tax ID#41.0991098 r � P2111111 111110s I i Page: 1 CITY OF LAKE ELMO 02/28/2006 3800 Laverne Avenue North ACCOUNT NO. 11150M Labe Elmo MN 55042 FEES EXPENSES ADVANCES BALANCE 11150-050007 LAKE ELMO DEVELOPMENT CORPORATION -- OP 1 429.00 0.00 0 .00 $429. 00 11150-050009 PLAT, REZONING AND COMP PLAN - PARK MEADOWS 44.00 0.00 0.00 $44. 00 11150-060002 HAIRE SHORELAND VARIANCE 88 . 00 0.00 0. 00 $88 . 00 i 11150-990006 Carriage Homes Development 55 . 00 0.00 0.00 $55. 00 616 . 00 0.00 0. 00 $616. 00 1 i i I I THIS STATEMENT 99 DUE AND 1PAVABLE TO THE END OF THE MONTH, PAYMENTS RECEIVED AFTER THE LAST PAY OF THE MONTH*f161ILIL RE CREDITED TO THE WENT 1NiONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WIT PAYMENT. .r Suite 300 ERS J (65[)291.8955 50 East Fifth Street y-, (65 l)228.1753 facsimile r St.Paul,MN 55101-1197 �t B Federal Tax ID#k41-0991098 ® v e Page: 1 CITY OF LAKE ELMO 02/28/2006 3800 LAVERNE AVENUE NORTH ACCOUNT NO. 11155M LAKE ELMO MN 55042 i FEES EXPENSES ADVANCES BALANCE i 11155-040002 ZIERTMAN/SESSING PROPERTY ' 1, 228. 50 0.00 335 .00 $1, 563 .50 11155-060002 J.P. BUSH HOMES V. CITY OF LAKE ELMO 432. 00 1.50 0. 00 $433 . 50 ; i r 1,660.50 1.50 335. 00 $1,997 .00 3 1 T41ES STATEMENT IS DUE AND PAYABLE TO THE EIVIID OF THE MONTH. PAYMENTS RECEIVED 1�B"7,'E l THE LAST DAY OF THE 141i12&NTH WILL BE CRODII'II`E D TO THE NEXT MONT H'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite300 _ PETER N _ a (651)291-8955 50 East Fiftlt Street -, "/"�"'� (651)228.1753 facsimile St.Paul,MN 55101-1197 F ( �L V g E— RG Federal Tin ID 4k41�099Io98 e s e e Page: 1 CITY OF LAKE ELMO 02/28/2006 3800 LAVERNE AVENUE NORTH ACCOUNT NO. 11161M LAKE ELMO MN 55042 FEES EXPENSES ADVANCES BALANCE 11161-060001 McAninich, Andrea vehicle forfeiture 5.00 0.00 0. 00 $5.00 THIS STATEMENT IS b85TiE AND PAYABLE'A'6>+THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAV OF THE MONTH WILL BE CREDITED TO THE NEXT N6OT TH'S STATEMENT. PLE�ISE RETURN ONE COPY OF STATEMENT WITH PAYMENT. r , J WESTLLAKELANd'. ITOWNSHIP STILLWATER, MINIvESOTA 55082 RECEIVED AR 2006 March 27, 2006 Dean Johnston, Mayor Lake Elmo City Hall 3800 Laverne Avenue North Lake Elmo, MN 55042 RE: XCEL Fly Ash Repository in the St. Croix Valley Dear Mayor Johnston, As you may know, Xcel Energy has been looking for a new fly ash dump in close proximity to its Alan S. King coal-firedpower plant in Bayport. They have been depositing wet fly ash at a dump site in Oak Park Heights for many years and their goal is to continue depositing wet fly ash into a new facility,also within close proximity of the plant. After a search of many existing gravel pits,Xcel has identified a gravel pit in West Lakeland Township as its future site and they are moving forward to obtain the approvals necessary to use this site. i i The fly ash being deposited contains toxic waste from the coal:burning process and our concern s is the long-term health and environmental risks posed by these wastes being stored in the highly sensitive St. Croix River valley,with its fragile geology and already threatened ground-water. I hope you would see this as not just a West Lakeland issue,but a valley-wide issue. This waste can certainly go elsewhere than in this valley. The Xcel process must be monitored to ensure that the eventual solution respects the resources of the valley, especially its groundwater. As Xcel seeks their approvals, monitoring the process will take legal and engineering resources at some cost. There will be the permitting process through:the PCA, local (West Lakeland Township and County)permitting,potentially Xcel seeking a"fly ash repository siting bill"at the legislature, and perhaps court actions. "Fly Ash Fund" Started These challenges will take human resources and money, and since the outcome of this process will affect this valley and its groundwater for generations,we are hoping you.will see this John McPherson April 26,2006 Page 2 of 2 challenge as something your community's officials will support. It would be a huge burden to ask just the residents of West Lakeland to carry the financial load. I am therefore asking for the f nancial support of your community in an initial amount of $1,500 to be added to a "fly ash fund"that can be used in any of the following ways: • Engineering critique of Xcel's Environmental Assessment Worksheet(EAW) currently being prepared as required by the PCA • Engineering critique of the anticipated follow-on Environment Impact Statement(EIS) • Zoning, engineering and legal review of Xcel's anticipated CUP application with West Lakeland Township • Legislative bill tracking and testifying at MN house and senate committees • Potential court actions Certainly costs can be defrayed in many ways, volunteer efforts and application escrows being just two methods. However qualified engineering and legal opinions will be needed, and these will come with a price tag that can not be avoided. I do hope you and your community will join us in this most important effort. Thank you so much for your consideration. Most cordially, Jo ui McPherson Chair,Board of Supervisors West Lakeland Township 13520 Greenwood Trail North, Stillwater, MN 55082 Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9A City Council April 4, 2006 Agenda Item: Septic Drain Field Setback Variance—7949 Hill Trail (Scharrer) Background Information for April 4,2006: At its March 21 meeting the City Council directed staff to prepare a Resolution of Denial for this variance application. We have attached a draft of a Denial Resolution including Findings based on the City Council discussion of the application at the March 21 meeting. Person res nsible: Action items: � $ ity ne Motion to adopt Resolution#2006 - denying the application of Jeff and Robin Scharrer, 7949 Hill Trail North to locate a septic drain field 15 feet from a structure where Section 700 of the City Code requires a 20 foot drain field setback from structures. Attachments: o £ Time Allocated: 1. Draft Resolution#2006—Variance Denial 2. Draft March 21, 2006 City Council Minutes CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-028 A RESOLUTION DENYING A VARIANCE FOR JEFFERY JOHN AND ROBIN SCHARRER LOCATED AT 7949 HILL TRAIL NORTH I WHEREAS,Jeffery John and Robin Scharrer, 7949 Hill Trail North, have made application for a variance to Section 700 of the Lake Elmo Municipal Code and Chapter 7080.0170 of Minnesota Rules to construct a replacement septic drain field approximately 15 feet from a structure where 20 feet are required. I WHEREAS,at its March 13th meeting,the Planning Commission reviewed and recommended approval of setback system variance at 7949 Hill Trail North. i WHEREAS,at its March 21"'meeting,the Lake Elmo City Council reviewed the septic system setback variance application of Jeffery John and Robin Scharrer to permit construction of a replacement drain field,per plans staff-dated March 9, 2006, at 7949 Hill Trail N. within 15 feet of the existing house where a 20 foot setback is otherwise required. NOW,THEREFORE,BE IT RESOLVED,that the Lake Elmo City Council denies the variance at 7949 Hill Trail to construct a replacement septic drain field within 15 feet of an existing structure where a 20 foot setback is required by Section 700 of the City Code based on the following findings: 1. The property can be put to reasonable use without the granting of the variance requested. The applicant can construct a mound style drain field without need for a setback variance. 2. The variance requested does not result from circumstances unique to property. Alternative solutions for the treating of wastewater are available that would not require the requested variance. 3. Granting of the variance will not change the essential character of the neighborhood. ADOPTED BY THE Lake Elmo City Council the 21st day of March, 2006. Dean Johnston, Mayor ATTEST: i I Martin J. Rafferty, City Administrator I E!E Scharrer Variance E EEE i { 1 1 1 r 1 t S { f E 1 DRAFT recnsidered based on new information and written statements at the next Couneif- meeti g'b�aQLlis does not mean the Council members will e`their decision. M/S/P - Johnston/Johnson—to rec6N-dao Haire Variance, 8160 Hill Trail, at the April 4, 2006, Council .(M tr6n passed 4-0-1: Conlin Abstained-did not attend the March 6, 2006, m`�cting) B. Valiance for Septic System Setback for 7949 Hill Trail (Schauer). City Planner Dillerud said the existing septic system at 7949 Hill Trail is no longer functioning. The system is not yet a health hazard and the applicants are being responsible about the problem. They are requesting a variance to Septic 700 septics / design standards to permit a replacement drain field within 15 feet:. f the existing house where a 20 foot setback is otherwise required. M/S/P Johnston/Conlin—to direct Staff to come back wit lotit " : or denial of Resolution.No. 2006-028, because applicant can constrUn %�a inoun " e drains field ..: without need for set back variance, and waive the v ce application` . (Motion passed 5-0) C. Zoning Ordinance/City Code Amendments= T3ome Occupations e City Planner reported that over the as. " ul _r;ears th �ave been numerous f' me ngs with the City Council and Plariniri Cl ffmalas n,ant numerous drafts prepared address' a the regulation of Home Occupation � V piias ted a draft set of Cit,,XX�G�ode amendmen that had Ueen create\ adbecomihended by the Planning Comr,)isFsion, and on which the x aired Public I "ring had been ducted. ` .. a Council Member Sm1 asseiThandout and said she believe Fiat the Home Occupations ordinan,..;fir , ; k1e C ty of Oak Park Heights is t model to follow,not the i Shoreview model a. whlch f .Itlannrrr Commission reco mended amendments to the City Code are ge " ally based. P inner Dillen s i that the Planning Commission has reviewed the :.,e Occu a ' n ulation stra 1es of several cities including Oak ... p M. €� Park Heights. Mayor Johnston said the HNme Office is ass to the City. Perpetual licenses are not recommended. Licenses should be r ewed anrlua and a mechanism is needed to operate a business in a residenti ne. .Storage-relate usinesses need.to have a numerical limit,i.e.,2,000 s AG businesses need mo orage. Council Member DeLapp said AG zone is a residential zone and space is h to control. Council Member Conlin said s would like to see what is in the ordinanc efore deciding to license. Cotmcil tuber Johnson said she was on the Planning Co m 'ssion during the early work ses ' ns on regulating Home Occupation, and she is not suppo ive of an overly co ex set of regulations. Cit dministrator Rafferty suggested that Home Occupations be moved to the next until Workshop,and changes that need to occur by the Council. Lake Elino City Council Minutes March 21,2006 5 Lake Elmo Agenda Section: PIanning,Land Use and Zoning No. 9B Cit3, Council April 4, 2006 Agenda Item: Reconsideration Variance(s)Application at 8160 Hill Trail (Haire) Background Information for April 4, 2006: At its March 21, 2006 meeting the City Council directed that this matter be placed on the April 4, 2006 City Council Agenda for reconsideration. On March 6, 2006 the Council unanimously adopted a Resolution denying the applied for variances (lot area and OHW setback) on a vote of 4-0 (Council Member Conlin absent). Due to the unusual meeting night on March 6 (a Monday rather than the usual Tuesday)the applicants were not in attendance at the Council meeting. They have requested the Council to open the matter for reconsideration to enable them to respond to the Findings adopted in support of the denial. The applicants have also provided the City with a written extension of the 60 day review period. We understand that the applicants may provide written materials in support of their reconsideration request. If such materials have been received by the publication time for this agenda they are attached. The Council's options with this matter are either to 1.)Affirm the earlier denial decision; or, 2.) Direct the staff to prepare a new Resolution with Findings (supplied by the Council on April 4) that support approval of one or both of the variances. Pers re o shale: Action items: Motions(s) to: Ci I e 1.) Affirm the March 6, 2006 denial decision in the Haire variance matter; or, 2.) Direct staff to prepare an alternate Resolution approving one of both of the variances requested by Hair—with alternative Findings and any required conditions to be specified by the Council in its action. Attachments: Time Allocated: 1. Draft City Council Minutes of March2l, 2006 2. Agenda Materials from March 6,2006 3. Applicant's New Documentation—if any. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-024 A RESOLUTION DENYING ZONING VARIANCES FOR KEVIN AND GENA HAIRE LOCATED AT 8160 HILL TRAIL NORTH WHEREAS, Kevin and Gena Haire, 8160 Hill Trail North, has 'made application for a variance for a nonconforming parcel area and a variance to Section 325.06 Shoreland Standards, Subd.4. A. Setback from Ordinary High Water Level of Lake Demontreville to construct a new home(after razing the existing home) on a parcel of 34,700 square feet(8/10 acre). WHEREAS, at its February 131'meeting,the Planning Commission reviewed and recommended approval of the variance from the OHW setback standards and minimum parcel area standards of the zoning ordinance at 8160 Hill Trail North,per the plans staff- dated February 9, 2006. WHEREAS, at its March 6th meeting,the Lake Elmo City Council reviewed the variance to Shoreland OHW setback standards at 8160 Hill Trail and minimum parcel area standards for razing of an existing home and complete construction of a new home, with the proposed home is 52 feet from the OHW mark of Lake Demontreville and hereby denies said variances based on the following Findings: a 1. The property can be put to reasonable use without the granting of the variances requested. The opportunity exists for the applicant to utilize the existing house as a . basis for reconstruction/remodeling at a lesser scale and mass. 2. The minimum lot area variance requested does not result from circumstances unique to this property. A significant number of non-conforming vacant parcels and parcels with similar homes of a similar age as the existing home on this parcel are located in this and other neighborhoods of the City. 3. Granting of the variance will change the essential character of the neighborhood. The proposed house/garage is of substantially greater mass than those adjacent and would be out of scale with the existing neighborhood. 4. The floor plan of the proposed house includes multiple rooms that could, with minor alterations, become additional bedrooms thereby potentially overloading the septic system design for a 3 bedroom house. 5. Background information and the planning/zoning policy implications discussed in the February 8, 2006 Planning Staff Report on this application(attached hereto as Exhibit A) ADOPTED BY THE Lake Elmo City Council the 6`" day o .ar 006. Dean Johnston, Mayor ATTEST: Martin J. R , Cl/ i dmini rator JtesoJ.J-iaire I I i I I DRAFT ire Chief Malmquist recommended that Rick Myran be moved from probation to firefighter status. M/S/P\*refighter eLapp,to place Rick Myran to Firefighter status. (Motion assed 5-0) Updatter Grant—Fifteen departments in Washington County 'th radios. Cost i for the City, but the County will pay a cap of$1,00 , 00. User's fee is $30 Fire Dept. will be celebrating 50 years in 2007, a Committee is being a 50a'Year celebration. Help and su:the stio are welcome. 8. CIE 'S REPORT: A. Resolution 2 6-027: Award Bid for Phase IV Water System Interconnect Project In his letter dated March 1\adopt ity Engineer re orted. seven bids were opened on March 10, 2006project. The Cit n '`y gins r re e mended awarding the contract to Ellingson Deir bid of$ 12,78 68 k M/SIP DeLapp/Johnson—tlution 0a Rsolution awarding the bid for the Phase IV of the Wa t P j ect r` lli:: n.Drainage on the amount of$412,758.68. Motion 5-0 ( P ) assed .` B. Resolution 2006-029: Acc t Feasi lz .Re ort r 2006 Overly —Tabl n Park Neighborhood .' The City Engineer presented the >vl the esi ' ity Report for 2006 Overlay— Tablyn Park Neighborhood Pro ct. M/SIP Johnson/DeLapp * k2' oluti\on 006-029 esolution Receiving the -t adcap� , g Feasibility Report and�_°. g a l c Hearing on April 18, 006, on Street Repairs for s Tablyn Park Nei ghbor'ood' WN Yiotzdpassed 5-0) *. C. Resolu rsn 2006-030 - kris Riley Utilities Inc. City Engineer s notified%y letter Chris Riley Utilities, Inc. ill not be completing W ter Sy steinconnection Phase I and III Contracts. commendation is :mot, to terminat e contract"fr cause." Travelers Casualty and Surety Co any was notified Riley Utilities, Inc. for non-performance M/S/ Johnson/DeLapp—to adopt Resolution 2006-030, authorizing and direc g City St f to initiate or continue action with respect to the City's claim on the perform�ce bonds. (Motion passed 5-0) 9. PLANNING,LAND USE & ZONING: A. Reeuest reardin the application for the Haire Variance—8160 Hill Trail The City Planner reported that these variances to the OHW setback and minimum lot were denied by the Council at the March 6, 2006, Council meeting. Due to extenuating circumstances,the Council agreed the applicants should have the opportunity to be Lake Elmo City Council Minutes March 21,2006 4 DRAFT reconsidered based on new information and written statements at the next Council meeting but that this does not mean the Council members will change their decision. M/S/P - Johnston/Johnson—to reconsider the Haire Variance, 8160 Hill Trail, at the April 4, 2006, Council meeting. (Motion passed 4-0-1: Conlin Abstained-did not attend the March 6,2006,meeting) B. Variance for Spp�tic System Setback for 7949 Hill Trail (Scharrer) ity Planner Dillerud said the existing septic system at 7949 Hill Trail is no longer fiu tioning. The system is not yet a health hazard and the applicants are being respo sible about.the problem. They are requesting a variance to Septic 700 septics/ design ndards to permit a replacement drain field within 15 feet of the existing se where a toot setback is otherwise required. M/S/P Johnsto Conlin—to direct Staff to come back with: Ioilb for der 'al of Resolution No. 2 6-028, because applicant can constru A mound" le rain field without need for set ack variance, and waive the vari ce application" , (Motion passed 5�0) sf C. Zonin Ordinarlh /Citv Code Amendments< tIo Oecti ations The City Planner reported.tha over the pa 't t years thd:f ve been numerous meetings with the City Council d Planning�Coffift. o a� numerous drafts prepared NO zh ; addressing the regulation of Home ccupafloar ented a draft set of City Code amendments that had been created�N IsMU0114 de y the Planning Commission, and on which the required Public a ing 1 been ucted. Council Member Smith passe out, do u d said she believes that the Home i Occupations ordinancethe Cif of 0 P k Heights is the model to fallow,not the V Shoreview model on vv iich%&Tlanh:: 4 ommi on recommended amendments to the City Code are ga#orally based., zty P nner Dille said that the Planning Commission has reviewed the z13e O cc-up a1,6 egulation strategi. of several cities,-includin Oak Park Heights. = `` g Mayor Johnston said the II''' e Office is an asset to the City. erpetual licenses are not recommended. Licenses ould be renewed annually and a mec ism is needed to operate a business in esidential zone. Storage-related businesse eed to have a numerical limit, i.e. Z,000 sq. ft. AG businesses need more storage, ouncil Member DeLapp said AG one is not a residential zone and space is hard to con 1. Council 'Member Con said she would like to see what is in the ordinance before eciding to license. Co cil Member Johnson said she was on the Planning Commissio during the early wo sessions on regulating Home Occupation,and she is not supportive an overly . omplex set of regulations. C' y Administrator Rafferty suggested that Home Occupations be moved to the next ouncil Workshop,and changes that need to occur by the Council. Lake Ehno City Council Minutes March 21,2006 5 *t Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9B City Council March 6, 2006 Agenda Item: Zoning Variances—Haire (8160 Hill Trail) .Background Information for March 6, 2006: The Planning Commission, at its February 13 meeting, adopted a recommendation for approval of.this application for nonconforming parcel area and OHW setback variances that would permit construction of a new home(after razing the existing home) on this "old platting"parcel of 34,700 square feet (8/10 acre). The Commission's vote on the recommendation was split 5-4,.with the commissioners voting nay(Pelletier, Schneider,Lyzenga, and Chair Helwig) all voicing concern with the scale of the proposed home in relation to the parcel area and the existing neighborhood character. Those concerns relate to the nonconforming parcel area variance. Little concern was voiced regarding the OHW setback variance,probably since the proposed house location would be 15 feet less nonconforming as to OHW setback (but still nonconforming) than the existing house location. This application was received by the City on January 17,2006. Therefore City compliance with 60 application review requirements mandates that the Council take some action at the March 6, 2006 meeting. The only exception to this mandate will be if the.applicant provides the City with a specific written waiver of the 60 day review period. Should the Council decide to instead deny the applications, the findings provided in the Planning Commission recommendation and included in the attached draft Resolution should be modified accordingly. Person res onsible: Action items: r 0;�4 C Y ne Motion to adopt draft Resolution #2006-- approving parcel area ; and OHW setback variances at 8160 Hill Trail (applicants, Kevin &Gina Haire)per plans staff dated February 9,2006 based on the Findings and recommendation of the Planning Commission. Attachments: Time Allocated: L.Draft Resolution#2006 - Approving Variances � 2. Approved Planning Commission Minutes of February 13, 2006 3. Planning Staff Report of February 8, 2006 4. Applicants' Documentation and Graphics Public Hearing: Variance to OHW Setback and Minimum Lot Size Requirements,8160 Dill Trail N. The Planner explained the application proposes the razing of an existing home and complete construction of a new home on a lot fronting on both Lake Demontreville and Lake Olson. The Planner said the original home does not comply with Shoreland Setback Standards; and, that construction of a new home on this non-conforming parcel is difficult without variances. The proposed home is 52 feet from the OHW mark of Lake Demontreville. He said that legal non- conforming status expires should the existing home be removed. The proposed home is much larger than its neighbors' homes. Positive findings can be`made for the variance to shoreland setback,but the new construction on a non-conforming lot by area could establish a problematic precedent with carefully crafted findings addressing specific circumstances.. The Planner advised the Commission that he has worked with the City Attorney on potential findings that could support all of the variances requested, including new construction on a non-conforming lot, as follow: 1. The property can not be put to reasonable use without the granting of the variances requested. The OHW setback variance is the minimum possible given the unique circumstances of' the parcel essentially "fronting" two lakes. The lot area variance responds to this "reasonable use"Finding only due to the existence of a habitable dwelling and functioning private wastewater treatment system on this parcel. This Finding would not be applicable were this non-conforming vacant parcel of similar parcel area non- conformity. 2. The variances requested result from circumstances unique to this property platted prior to the adoption of Shoreland Regulations by the City resulting in OHW setback applicable from two lake frontages, and an existing home/functioning private wastewater treatment system constructed prior to current zoning ordinance/City Code lot area and septic treatment standards; and, the circumstances of the variance were not solely created by the applicant. 3. Granting of the variance will not change the essential character of the neighborhood. Significant mature trees on the parcel will effectively mitigate the visual impact of increased structure mass of the new house. t Based on those findings, the Planner recommends approval subject to the following conditions; I 1. Compliance with VBWD recommendations pertaining to silt fencing, erosion control, and rain guttering. 2. The City Forester must be involved in the staking of trees on this lot prior to and during construction. Commissioner Schneider asked how tall the house will be from the lake. The Planner said he thinks about 30 to 35 from the adjoining ground level plus the elevation difference from ground near the house and the lake elevation—several more feet. Commissioner Fliflet asked if the chance of saving the trees is good. The Planner said the new house is a little bit farther from the lake but in an entirely new area on the parcel that will improve the odds on saving the trees. He also noted that the City Forester could participate in reviewing tree protection measures during construction Commissioner Ptacek asked about the backup septic system. The planner reported that there is enough room to enlarge the drain field site adjacent to the existing drain field if they need to in the future, Commissioner Pelletier asked who would verify silt would not go into the lake. The Planner said the Building Official monitors erosion control during construction. Commissioner Lyzenga asked the rationale for 1.5 acre minirnuYn in the R-1 Zoning District. The Planner said it was before his time with the City and he is not aware Of the exact rationale, Commissioner Ptacek said the rationale was room for primary and backup traditional septic systems. Commissioner Armstrong said the reason was concern for the environment. The mid 1980's failure of numerous septic systems and the resulting 201 Septic System Program had a great deal to do with the lot area zoning,especially on lake lots. The City did not want to repeat a 201 program in the future. Chairman Helwig asked if the existing 201 Mound System on this lot meets current standards. The Planner said he does not know. Todd Ganz,Merit Custom Homes representing The Haire Family Mr. Ganz said that all the trees are at least 25 feet from the new house location. Chairman Helwig asked what about footings in relation to the trees.. Mr. Ganz said the plan puts the footings about 23 feet from the trees and they will be happy to work with the City Forester regarding tree protection measures.. The proposed house is 28 feet tall from 934 elevation to the highest peak. He said the existing 1200 gallon dual compartment tank will be replaced with a new dual tank treating 1600 gallons, The mound has been tested by Barry Brown and the future system would be next to and south of the existing septic system. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:30 P.M. Nobody came forward to speak. t THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:31 P.M. Commissioner Ptacek said he has no problem with the proposed OHW setback because it is further from the lake than the existing house. He said he does have a problem continuing to grant variances without the new zoning for Neighborhood Conservation Districts. He supports the OHW variance but does not feel comfortable with the minimum lot size variance. Commissioner Deziel said this lot is almost nine-tenths of an acre. He asked if we should force people who live on lakeshore to live in shanties. He complimented the applicant for locating the house behind the trees instead of a more exposed location. He encouraged them to make the house as dark a color as possible to decrease visibility from the lake. Commissioner Armstrong said he is concerned that the plan says three bedrooms,but that plan shows an unheated storage_ .om and a family room that could be co..,erted to bedrooms. This is more accurately a four bedroom home on a mound system that cannot handle it. He wants to be sure this septic system will be sufficient. He believes we should look at a square footage equation instead of a bedroom count for future variances. M/S/P, Armstrong/Fliflet, To recommend approval based on three findings in the staff report and three conditions to include that staff and the City engineer review applicable Code to insure that the septic system is up to date. PASSED: 5:4 passed. Nay::Pelletier, Schneider, Lyzenga, Helwig. Commissioner Pelletier asked for staff and the applicant to watch to prevent erosion into the lake. The Planner said there are scores of lots life this one. Presumably these findings are specific enough to this lot. Commissioner Schneider said this is a very large house on a non-conforming lot on two lakes. Commissioner Lyzenga said she looks at the plans as a five bedroom home. She is not convinced the scale of the home is supported by this lot. It is disproportionately out of scale. i I {I { HAIRE AMENDED STAFF FINDINGS—FEBRUARY 13, 2006 1. -The property can not be put to reasonable use without the granting of the variances requested, The OHW setback variance is the minimum possible given the unique circumstances of the parcel essentially "fronting" two lakes. The lot area variance responds to this "reasonable use" Finding only due to the existence of a habitable dwelling and functioning private wastewater treatment system on this parcel. This Finding would not be applicable were this non-conforming vacant parcel of similar parcel area non-conformity, 2. The variances requested result from circumstances unique to this property platted prior to the adoption of Shoreland Regulations by the City resulting in OHW setback applicable from two lake frontages, and an existing home/functioning private wastewater treatment system constructed prior to current zoning ordinance/City Code lot area and septic treatment standards; and, the circumstances of the variance were not solely created by the applicant. 3. Granting of the variance will not change the essential character of the neighborhood. Significant mature trees on the parcel will effectively mitigate the visual impact of increased structure mass of the new house. i I LAKE ELMO PLANNING COMMISSION STA11Ti REPORT Date: February 8, 2006 for the Meeting of February 13, 2006 Applicant: Kevin & Gina Haire Location: 8160 Hill Trail Requested Action: .Shoreland Overlay District Variances Land Use Plan Guiding: SRD Existing Zoning: R-1 (Subject to Shoreland Overlay) Site History and Existing Conditions: The Washington County.Assessor records reveal that this 34,700 square foot parcel contains a 1,267 square foot split entry house (1,056 square foot print) constructed in 1930. City records for this parcel date back to 1971 and reveal only the customary septic and HVAC upgrades expected with a house of this age. The site slopes gradually east (Lake Demontreville) and west (Hill Trail and Olson Lake) from a high point of 940 at the north center of the parcel to 931 at Hill Trail, 933 at the south property line, and 930 at Lake Demontreville. The existing house is situated approximately 37 feet from the Lake Demontreville OHW; and the septic drain field (single site 201) is well outside the 75 foot septic setback on the north extremity of the parcel. There is a detached storage shed,but no garage on the site. k Discussion and Analysis: r The applicant proposes to raze the existing residence and construct a new residence reported to be designed as 4,239 square feet with a 3,742 square foot footprint (including attached 2 car garage). An existing 70 square foot storage shed is proposed to be retained on the site. While the proposed total site coverage percentage (including drive) will exceed one Shoreland maximum (15%), the total impervious square feet will remain less than the other (6,000 square feet) maximum. The ordinance specifies the greater of the two standards as applicable. Therefore,though extensive,the proposed impervious does comply with the Shoreland standards, but little more impervious can be added on the site in the future. The new house is proposed to be located a minimum of 52 feet from the OHW— set back 15 feet further than the existing house, but still well within the 100 foot OHW set back. The proposed location would place the house at or behind a line drawn between the houses north and south and parallel to the OHW; and, (as noted by the applicant) the proposed location would also retain several mature Oak trees within the 01-IW set back. The applicant's variance request is similar in circumstances and claimed hardship to several variances approved by the City in recent years where mid-201h Century lakeside houses/cabins originally constructed prior to Shoreland standards are proposed to be brought up to 21" Century standards resulting in conflict with those standards.. In some cases these have been garage additions and some cases they have been home additions, In this case a completely new house and garage are proposed., thereby creating a zoning issue regarding construction on a non-conforming (by area) lot. As noted above, the subject parcel is .made up of several "shotgun"-lots is reported to be 34,700 square in area. The required lot area in the R-1 zone (and Shoreland Overlay R-1) is 1.5 acres -- 65,340 square feet, but as a "parcel of record" prior to 1980, the parcel would qualify for a dwelling if it were at least 1 acre (43,560 square feet). The subject parcel fails to meet either standard, and a variance for lot area would be required to permit construction of a new house once the existing house (and leggy non-conformity) is removed. This lot area variance proposal could become far more of an issue for the City than the OHW set back variances we process on a regular basis in these neighborhoods that pre-exist the Shoreland standards. Within the R-1 zoned areas of the City, including the Tri-Lakes, Old Village and other neighborhood in the western half of the City there are numerous parcels of record that are not legally buildable as now vacant. There are numerous other non-conforming parcels that would become candidates for tear downs and new houses using a variance in this case as a precedent. By F the approval of this application to build a totally new house on a legally sub-standard parcel— by any measure, Shoreland or R-I —the City will be essentially re-writing the zoning ordinance. The Commission and City Council should address this proposal with "eyes open" as to the precedent consequences.While there is on-going discussion of a Neighborhood Conservation zoning district t that may address this non-conformity issue, that discussion remains months away from ' conclusions and new code. This variance (lot area) is not an appropriate way to short circuit the new zoning ordinance. In each of the prior similar cases the City addressed a Finding as to whether the applicant's 3 proposed improvements/expansion constituted a "reasonable use".of the site given contemporary housing design/features and the scale of the resulting structures in irelation to other contemporary F structures on the subject lakefront and/or neighborhood. In some cases the City required modifications to applicant plans to reduce scale and/or mitigate lakefront impact of the expansion. In at least one recent case the City denied the variance based on scale,.and the Court upheld the City's decision at subsequent litigation by the applicant, As staff has done with recent OHW variance proposals, we have reviewed Washington County records regarding the scale/lake impact of existing homes that are in close proximity to the subject. In this case we have surveyed the existing homes 4 parcels north (one parcel is a vacant 20,000 square foot lot) and 3 parcels south. The north parcels (including the Frazzone parcel, for which an OHW set back variance was recently approved) present structure foot prints (including the approved additions in the Frazzone case) ranging from 830 square feet to 3,000 square feet and finished areas of 830 square feet to 3,400 square feet. The south neighboring parcels range 948 square feet to 1,288 square feet of foot print and 2,686 to 3,592 square feet of finished area. As noted above, the applicant's proposal is for 3,742 square feet of structure coverage and 4,239 square feet"finished"—in both cases larger than neighboring properties. In previous cases where significant increases in house scale (and resulting out of proportion house scale compared to neighboring properties) have been proposed one mitigating factor has been the extent and scale of forestry between the proposed house and the lake. In this case the applicant has demonstrated a significant growth of mature trees that would be saved that would work to mitigate the impact of the larger structure as viewed from the lake. Minnesota DNR and the Valley Branch Watershed have been asked to continent on the application. Valley Branch has responded by a letter of February 1 with no objections to the variances, but with several recommendations regarding erosion control and run-off mitigation. No response has been received from DNR as of this writing. findings and.Recoir nendations: The requested variance regarding OHW setback appears to respond favorably to the required variance findings —if structure scale is considered to be mitigated by the existing forestry on the site. A reduction in the degree of OHW encroachment represented by the proposed structure from that existing with the house to be razed along with conformity with the averaged setbacks of the adjoining structures appears to support OHW setback variance approval. Moving the structure further west on the site by as little as 10 feet will place it in the OHW setback of Olson Lake to the west— a unique physical circumstance. The concern of staff regarding this application goes to the construction of a new residence on a parcel clearly non-conforming by area — the second variance. The City-wide ramifications of approval of this variance will be significant without Findings that are carefully structured to overcome precedent that would undermine the zoning ordinance. Staff continues to work with the City Attorney toward properly worded findings regarding the parcel area variance. We are publishing this staff report pending those findings to enable timely completion of the February 13 Commission packet. With respect to the OHW setback variance only, we suggest the following findings:' 1. The property can not be put to reasonable use without the granting of the variance requested. The variance is the minimum possible given the unique circumstances of the parcel essentially"fronting"two lakes. 2. The variance requested results from circumstances unique to this property platted prior to the adoption of Shoreland Regulations by the City resulting in OHW setback applicable from two lake frontages; and, the circumstances of the variance were not solely created by the applicant. i 3. Granting of the variance will not change the essential character of the neighborhood. We therefore recommend approval of the OHW setback variance only (at this time) upon the following conditions: 1. Compliance with the Valley Branch Watershed District recommendations regarding silt fence erosion control and installation of rain gutters directed away from Lake Demontreville. 2. Compliance with any recommendations of the City Forester regarding protection of the existing forestry on the site during construction Staff will report to the Commission on February 13 regarding recommendations and findings regarding the non-conforming lot area variance. Planning Commission Actions Requested: Motions for recommendation to the City Council regarding the OHW setback and non-conforming lot area variances requested to enable construction of a new residence at 8160 Hill Trail North based on the findings presented and conditions recommended by City Staff per plans staff-dated February 9, 2006. QAD Ch s »z rud, City Planner 1zttachrnents: 1. Location Map 2. Valley Branch Letter of February 1, 2006 3. Applicant's Documentation and Graphics 1 ,^�' R21W R20W R19W 41 Y32N � +C,' .�•A�+'. 1 y5 //,� /�/ /'fit IMN DIN i �t W 1 .�� �e5 41i/' E•62� .R9N 129N 0 8g ' / �% ��•'� + !BZ /g+0 •`. R22W R21W R20W 9 / igB/ ��,�% Z .•>>t Vicinity Map 10 s gy2 goy ,i s •, i 7 _ Pry ;�•'',�.l sM1.�/ gA� �," g+0 5gy .._ `,_ �. /m 1 P' tY Bp,A •��..�B 3% ' yA6 ',-�'��1 1, �c y L, 1 + ,/ ls g 1 �' B yg� \! l Scale in Feat ' / -�' tie/� ! 1 ppC.A3T✓ �� gEg /�520 ~'. ,�TEO BEJJCI+ 563 •'; / B�//•� 65Q + �. 688 �. —04 1 W NOTE:A TE ARE 824 5 UNDERWATER PER ��-- `" 2000A£RIALPHOTO ; —,825 b5j �hpp�• b8�`, r B2@� a°ox+ 658 180 �—o 57T 73 2 664 674 __ 36 MINN DNR DIV OF WATERS PROTECTED WATERS AREA 82-103P �o r�oom7 \ mkdnwme+ameroaaema=waDllanaa \\\ and reDrodredon of lend remrda es Wy • % spear In various Waanln0+on County o0kes. + The drxwlnB slwuld La used iw ralerence ' �, �Q gvposns only.WasMoon County is n=t g \\-C� ZDa :iMfora MONO. urar8 QA. B 1 � SoJce:Washh+glon County Surveyors OKce. Location Map ' Ph°ne(e )430L075 t+ 8 `` Petrel data baaatl an A549D Inkrmatlpn k I z t'F p r>�iH f• RT i s�'� Jai< aC' aVicinIty Map •r.µ} 5i � •. MSS - r . i Y>.T u- ¢j5 ;p ty5 s r - 1 rdcg' f{ y � b �6 AAQ 1 February 1, 2006 � Mr-. Chuck Dillerud City of Lake Elmo 3800 Laverne Avenue North Lake Elmo,MN 55042 Re: 8160 Hill Trail North, Lake Elmo Dear Mr. Dillerud: Thank you for submitting the request for a variance from the Ordinary High Water level setback fronn Lake DeMontreville at 8160 Hill Trail North. The project appears to involve tearing down the existing home and constructing a new home,driveway, and septic system. Based on the information that was submitted,it appears that a Valley Branch Watershed District permit is not required for the work. It appears that less than 6,000 square feet of new impervious surfaces will be created,less than an acre of land will be disturbed,and no work will occur below the 100-year flood level of Lake DeMontreville(Elevation 931.5). t The proposed lowest floor is noted on the plans as Elevation 934.0,which is more than two feet above the 100-year flood level of Lake DeMontreville and in conformance to the Valley Branch Watershed District rules. The plans show silt fence around the perimeter of the area to be disturbed. While this perimeter fencing will define the construction limits,silt fence should try to follow the ground contours so that runoff doesn't flow next to the fence to a low point and then break through or undermine the silt fence. To prevent this type of erosion control failure,the silt fence on the lake side should be installed to better follow the contours or an additional row of silt fence that follows the contours should be installed. Temporary rock checks or bio-rolls might need to be installed at the areas of concentrated flow to prevent sediment from leaving the site. All erosion controls should be installed prior to any earthwork activities, and the site should be re-vegetated as soon as possible. The silt fence should not be removed until the site is re-vegetated. If possible,gutters should be installed on the house to direct all roof runoff to the front of the lot. A rainwater garden could be constructed at the southwest corner of the site by expanding the existing low area and planting vegetation that will encourage infiltration. If you have any questions,please contact me at 952-832-2622. Sincerely, J P. Hanson,P.E. BARB ENGINEERING COMPANY Engineers for the District c: David Bucheck,VBWD Vice President(via e-mail) Gena Haire,property owner LINCOLN FETCHER DAVID BUCHECK DONALD SCHEEL DALE BORASH DUANE JOHNSON VALLEY BRANCH WATERSHED DISTRICT www.Vbwd.org ;,a P.O. BOX 838 LAKE ELMO, MINNESOTA 55042,0538 Merit Custom Homes, Inc. 21471 Ulysses Street NE, 42 East Bethel, MN 55011 (763) 434-1500 (763) 434-6416 fax January 26, 2006 Planning Commission City of Lake Elmo. 3800 Laverne Avenue N Lake Elmo, MN 55042 Re: Variance at 8160 Hill Trail N Dear Planning Commission: Merit Custom.Homes,Inc. (builder)is requesting a variance for the property at 8160 Hill Trail N for the following reasons: Setback requirement from the normal high water level on Lake Demontreville is 100 feet, { we are asking for a variance of 52 feet. Our proposed location for the new structure is 48 feet. The existing structure on the property is currently 37 feet from the normal high water level. We will be moving the new structure back an additional 11 feet from where the existing home sits, and the patio shown extending off the great room towards the lake will be moved to the south side, off the master bedroom. By moving the future structure back and jogging the lake side of the home back away from the shoreline we preserve numerous mature oak trees and do not disturb any of the shoreline vegetation or the view from the lake towards the new home. There are two hardships associated with this property: 1. There is Black Mold Infestation of the existing foundation. (see enclosed photos) Due to the severity of the infestation and the expense to clean up with no guarantees that the mold will not return,the fee owner has decided not to use the existing foundation for the remodel that they had initially designed fort his property. 0 City of Lake Elmo Page 2 2. The limitation to move the structure back towards the road because of the area required for the future septic system. Merit Custom Homes has been contracted to build/remodel and represent the Haire family for this project,which includes variance submittals and meetings. The Harie family has redesigned the home several times in order to abide by the rules of setback and also the preservation of the lake views, from the lake and also to the lake. Merit Custom Homes has had preliminary conversations with Travis Germundson for the Minnesota DNR and John Hanson from the watershed district. They have also been sent pictures of the site and sketch plans of the location of the new house. Both had favorable comments about the site and what was planned for the improvement. Neither of them has seen the current survey which was submitted with this application. In reference to the existing septic, it is currently in compliance for a three bedroom home and will be used for the new structure, which will also be a three bedroom home. The septic compliance and design was done by Barry Brown.. As you can see on the survey the future septic locations is next to the existing septic. 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IV 4 � I �;+- '3G��� 4z}'�t rr.'.t ;E-s_.- a� _ •ems' t s , 3 vex _ zz- pm R r 1 1 - 3r y� .n i• _ � I - ! £ J S` -k r J �`aY T T t ZA i, y k- i s, w,u 3 r sPro t z - Mv I--- r `2 -T '�'�� r�'- se'_ � Syr��'r'yr•`Js' 'a ..£ems• ✓s"� x �FJi�r1 yti f� s«y4' 11 26.h Na.2039 P 1 m IT T 21471 Ulysses Street NE##2 Ea 4 MN 55011 t: East���kB Office. (763)434-1500 Fax: (763)434-6416 4,lip41� L , P A I P. 4 �I1Ii -i1i H�� PAGES SENT. (including cover) ATTENTION: ��Lf C`�fC I L F kZLf._b � Lt AC FAX: 9 ChLC k f S Z f Tea,C Mease call the above,listed phone#if any of the page(s) did not come through. Mar - H . 2006 11 :27AM No,20H P. 2 March 29,2006 City Council Members City of Lake Elm 3$00 Leverne AvenueN Lake Elmo,MN 55042 Re; 8160 Hill Trail'N Dear City Council Members; We are xespectftWy wining to you with this statement to make you aware Of the subst-mtxal amount of time,concern and effort that took place during the design phase of this home and to correct falsc information from the prior meeting After several visits,by both the property owner and builder,to the Take Elmo Planning office and listening to their conmrrrs about the lot and its uniqueness we also sought out soveral experts to address Concerns that were brought up.At the city level we had a number of discussions with Jim McNamara and Chuck Dillerud. The plan was originally designed to sit partially on the existing foundation and we were advised to desip the home to step back further away from the+OHW. This sem ned to be the foremost vazaance requirement. As the black mold in the basement,room for septic and lot coverage became conoems we addressed these by moving the placement of the house altogether,requiring the addhl.onal variance that is befoxe you. Another design consideration was the height of the roo e. We pjuposefally 1 designed a modified story-and-&-half to keep Oie home smaller. In fact the height of the home should be quite similar to the current home and it will appear to be shorter than the homes next to us,as they are both on hills and we axe sandwiched in a small valley. We have pictures of the surrounding horses from the lake side and you will see a number that are three stories tall and considerably larger and than our plan does indeed fit into the neighborhood, At the planning and zoning committee meeting we were even advised as to a color schemes that gives the appearance of blending,its and down playing the home, a point that was duly rooted and was already a part of our design, We also identified your council concern about the cold storage area on the north end of the house and are eliminatting the access fi°om the interior of the home. Unlike the surrounding homes we are not on a hill and are unable to build a home with a walk out basemwt. Therefore what is normally found in a basement(i.e.storage, utilities,and fzmilylgwne rooms,etc.)are placed either on the main living am or on an upper level of this home. The DNR and Water Shed Dis;WO-were contacted and this home is well within their rules and guiiieftesfor Got coverage. They were pleased to hear our plans included moving away ttom the lake,maintaining the shore line as well as preserving the mature oak trees that would naturally block the back side of the home from those who are enjoying the lake. in addition they recommended gutters and a rain garden to better Mar ,30. 2006 11 : 27AM N o-2 0 3 9 P. 3 control water run-off from the home and rxot into the lake which we are happy to comply with and welcome any other suggestion to better maintain the area. We have also been working with a profossional septic designer aad the city to plain a septic system;that is not only adequate for the current needs of the proposed home, but would also insure the sufficient space for a futum site if that became necessary. Incorrect in fmrmadon was given out at the first meeting on this very important point, We have lived on a.lake or a river for the past twelve years and are avid outdoor people. We desire to do everything within our ability to ensure that these lakes are kept healthy and understand that if it is not done correctly now it will only cost us more to take care of in the future. We have owned this property for almost a year. During that time we have had the opportunity to meet several of the neighbors,including those who are adjacent to our property(one of which attended the Planning and Zoning meeting)and those who live in the cuWa-sac. Thus far our only neighbor to have any objection to our a went plan is our mayor,Mr.Johnston whose own home is a part of'the photo package.As you may well know this is a small dead-end road that most property owners to the north generally don't venture down and believe the greatest concern would be from those nine homes to 1 out south and the home directly to the north. There are a number of other houses around the lake we feel are also comparable to this home. Since sheds and"burn like garage structures"are discouraged and there is a city ordinance regarding boats parked in front yards,we carefully designed an unobtrusive three stall tuck-under garage and additional storage into the home. This space is needed to be able to park our vehicles inside and to have room for boats,yard equipment and other miscellaneous lake home and recreational equipment. To be in compliance with the cwent city ordinance is very important to us,as well as our neighborhood. j Because of the impervious requirement to be under 6,000 sq. ft.,we have made our hard surface driveway considerable smaller that we desire,but again we want to meet the requirements of the city ordinance. Over all;we are greatly improving the property which will be of benefit to the seuro-unding:neighborhood via the natural aesthetics of our property and the compliance to the city ordinances,but financially as well. Sincere , 0 in$Gena Haire Lake Elino AgendaSection: Planning, Land Use and Zoning No. 9C City Council April 4,2006 Agenda Item: CDBG Project Update—Cimarron Gas Line Replacement Background Information for April 4,2006: Mayor Johnston has requested an update to the City Council on the subject project. The Council will recall that the City mailed a Request for Proposals to do,the work to about 1.0 plumbing firms in 2005.We received a single written proposal at fixed per unit pricing that was rejected by Washington.County as both too high and non-responsive to the RFP. The City was advised to reject the proposal and pinpoint the specific Cimarron units that the bidders were to address with their proposals. It was decided that the best way to do that was to solicit applications for CDBG grant assistance from the unit owners, and then focus a new RFP on just those units where we have owners qualified for assistance. The City hired(with CDBG funds) an independent consultant to interview and qualify to approximately 50 Cimarron applicants for grant assistance during the latter part of 2005 and early 2006. Each applicant was interviewed, asked to provide certain personal financial information and then determined to be qualified under very specific HUD rules as eligible as a Low/Mod income household. Of the initial group of about 50 applicants our consultant finally certified 44 as eligible for assistance. Upon staff being notified by our consultant which specific Cimarron units qualified for grant assistance (early 2006), anew Request for Proposals was prepared and.sent to 15 plumbing firms—from.a.list of qualified firms provided by the Lake Elmo Building Official. As Washington County advised, this RFP made reference to Davis Bacon wage rules and the HUD paperwork entailed in.the process. With that information added to the RFP,plus a list of specific units on which proposals for gas line replacement were contemplated the new (2006), RFP went out on February 5, with written proposals due March 10.No written prol2osals were submitted. One firm contacted the Building Official for more information,but passed on bidding. (CDBG—Continued on Page 2) Person •e- onsible: Action items: e ty 5 er None required Attachments: Time Allocated: 1. Cimarron RFP-2006 (CDBG— Continued from Page 1) At some point between the initial Washington County concurrence with the 2006 RFP content and format, and the March 10 due date for written return proposals from vendors, Washington County CDBG staff decided that the RFP process we had used in 2005 and again in 2006 would possibly not comply with HUD contracting rules. The County had recently hired both additional CDBG staff and a consultant to assist with the maize of HUD rules. The City was advised within the past two weeks that we will be required to use the formal HUD-specified formal bidding procedure when we try again to get vendors interested in the Cimarron project. The process we must now follow per the County CDBG staff requires publication of the Notice to Bidders 2 weeks in a row, and then a bid opening not less than 10 days thereafter. As of March 28 were advised by the County CDBG consultant that HUD rules were again being modified and that she needs to get a new Davis Bacon Wage determination before we can start over with the vendor solicitation. In retrospect it is probably just as well that we received no proposals in response to our 2006 RFP. We probably would have had to start over(again) anyway. We expect to start over in the next week or two--pending the Wage Determination from the County. 'There has been no indication from the County CDBG staff that there is any issue with timing of grant funds expenditures—yet. By Fall that may be an issue. f k Request for Proposal REPLACEMENT OF NATRUAL GAS SERVICE LINES Cimarron Manufactured Housing Neighborhood Lake Elmo, Minnesota Overview This document solicits proposals from qualified natural gas service installation contractors to undertake a City-funded project to replace deteriorating natural gas services from meter to appliances on 44 manufactured housing units located in the Cimarron Manufactured Housing Neighborhood in Lake Elmo, All work shall be completed by June 30, 2006. This project is funded from Federal CDBG Grant funds. Therefore, Davis Bacon Wage Scales must be paid. The City will undertake all other Federal fiscal and reporting requirements. Background ,f In 2003 the City contracted a visual inspection of the natural gas service connections of the 200 f oldest manufactured housing units in the Cimarron--many of which are nearly 40 years old. The outcomes of that inspection project revealed circumstances of improper installation, improper alterations to the services and physical deterioration of service piping, unions and valves. The City has determined that the gas service problems observed may constitute a potential threat to public safety, and replacement of those appurtenances is therefore in the Public interest. The I City has also determined that many of the Cimarron manufactured housing owners with observed i gas service fine concerns do not have the personal financial resources available to expediently replace the natural gas services within their homes. Responding to these two determinations by the City, 2004-2005 City Community Block Grant funds have been reserved to provide City financial assistance to qualifying Cimarron homeowners for the purpose of the necessary natural gas service line replacement. Those funds will be available to pay for the contractor's replacement services/materials where the property owner can not do so. E Description of Tasks In development of the proposal, the contractor should assume that the following tasks will be performed for 44 manufactured housing units in Cimarron, as specified by the City: • Preparation by the contractor of a complete Work Order for each manufactured housing unit which details the replacement tasks/materials deemed to be required, and the contractor's laborlmaterials quote and schedule to complete the required replacements. • The contractor shall secure City permits for each unit on which gas service replacement work will be conducted. The City will waive all permit fees, but permits must be secured before work commences. • Completion by the contractor of all work specified by the Work Order as approved in advance by the City. Contractor Qualification All contractors responding to this solicitation shall be licensed by the State as Plumber/Gas Fitter. Evidence of licensure must be attached to all proposals submitted responsive to this certification. Proposal Content The contractor shall provide proposed flat rate charges for the work to be performed on the specified units. Potential respondents to this RFP may secure the addresses of the 44 units from the City by written request. It is anticipated that multiple rates will be required to address varying per unit gas service line lengths to be replaced, and varying per unit numbers of appliances served with natural gas unit-by-unit. The contractor should provide a proposed schedule for completion of gas service work to the 44 specified units; the man hours estimated to complete the project; and, the number of contractor's licensed personnel that will be assigned to this project. Contractor Selection One or more contractors will be selected by the City to complete the project. Selection of the contractor(s)will be based upon the sum of the following criteria: 1. Contractor's understanding of the tasks proposed above as reflected in the contractor's written proposal. 2. Contractor's experience with similar work, particularly with manufactured housing. 3. Contractor's proposed charges per unit to complete the required work. 4. Contractor's schedule for completion of the work. We would sincerely appreciate your indication of interest in this contract by advising the City of your interest by Email at Jim.MeNamara@LakeElmo.org, or by FAX at 651-777-5510 by February 15, 2006. The schedule for this RFP process is: 1. Request for Proposal will be mailed by the City of Lake Elmo to prospective consultants by February 5, 2006; 2. Contractors submit written proposals by—March10,2006 3. Lake Elmo Building Inspector will Certify Qualified Contractors by—March 17, 2006 4. Notice of Selection and Contract Offer(s)--April 14, 2006 Thank you for your interest in providing contract services to the City of Lake Elmo on this important project. Please direct any questions you may have regarding this solicitation to Jim McNamara, Lake Elmo Building Official at 661-777-5610. i Charles E. Dillerud City Planner/Assistant City Administrator '