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HomeMy WebLinkAboutAugust 16, 2006 CCPCITY COUNCIL AUGUST 2.2006 DRAFT CITY OF LAKE ELMO CITY COUNCIL MEETING AUGUST 2, 2006 I. AGENDA 2. MINUTES: July 18, 2006 3. PUBLIC INQUIRIES/INFORMATIONAL: A. PUBLIC INFORMATIONAL: B. PUBLIC INQUIRIES: (1) EBI Drilling and Parks Construction — Directional Boring Extra Costs 4. CONSENT AGENDA: A. Approving Claims: Resolution No. 2006-073 All B. Request from Meehan Family for an Extension of Timeto Record Final Plat C. Election Judges for Primary and General Election: Resolut6n No. 2006-074 D. Roadside Landscaping Partnership Program Reution No `2,t106-075 E. 2006 MSA Resurfacing: Approve Plans and Spas and Authorize for Bids: Resolution No. 2006-78 5. FINANCE:; A. Budget Schedule - 6. NEW BUSINESS: None 7. MAINTENANCElPARKJFIRE/BUILDING r � , ' " A. Parks Dept.: (1) Parks Plan Consul�f lectiori' esolution No. 2006-077 8. CITY ENGINEER'S REPORT - A. Easement for Northernn Watermam� 9. PLANNING, LAND USE ZON &ING A. Garage Forwardrf?nncipalStructure, 5487 Jamaca Avenue: Resolution No. 2006-076 :• ,.. B. C & C North American _.Site Plan: Resolution and Shoreland Variance: Resolution (Removed) and: Replaced with Hovanian Homes discussion 10. CITY ATTORNEYIS REPORT: 11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCIL REPORTS: A. Acting Mayor Smith B. Council Member DeLapp C. Council Member Johnson REMINDER: CIC Meeting on August 9, 2006, at 7:00 pm 1 CITY COUNCIL AUGUST 2, 2006 DRAFT Acting Mayor Smith called the Council meeting to order at 7:00 p.m. in the Council Chambers. COUNCIL MEMBERS PRESENT: Johnson and DeLapp. STAFF PRESENT: City Administrator Rafferty, City Planner Dillerud, Finance Director Bouthilet, City Engineer Prew, City Attorney Filla, and Recording Secretary Freeman. Pledge of Allegiance 1. AGENDA: Additions: 3(C) Size of Accessory Building in AG Zone; Replace 9B with Hovanian Homes; Removals: Item 9B: return to the August 15, 2006, City Council meeting. M/S/P DeLapp/Johnson — to approve the August 2, 2006, City Council Agenda. (Motion passed 3-0) 2. NH TES: M/S/P Johnson/Smith — to approve the July 18, 2006, City (Motion passed 2-1: DeLapp Abstained, did not attend X ,, 3. PUBLIC INOUIRIES/INFORMA'I'IC A. Public Informational: Washington County Sheriff Candidate Pete Leslie Zell, 8920 27a` Street, had 10 Prew and City Administrator Raffer David Dehmer and Barbara residents regarding the Tabl expressed concern with noti equipment being utilized, himself to the Council. project. City Engineer St. Ct. N., stated that communication to the d,street projects was extremely poor. They a6hts, inability to drive to their homes, and damage to their home was expressed. Warren Buck, 8905'27u' St., questions'the Minnesota Department of Health testing of his well. He reported that even though he believes his well was not tested, MDH sent him test results that s 8wed contamination of the well. He asked the Council to have a water test made downstream'96m his personal carbon filter. He stated that if his water is found to be clean of chemicals, he desired to retain his well. City Administrator Rafferty stated that he would follow up regarding better communications to the residents, and clarification of the well tests results. Kregg and Paula Hurt, 5751 Hytrail Ave., asked for a time frame regarding their septic permit approval. City Engineer Prew stated the remaining tests had been received and a meeting would be scheduled for next week. 2 CITY COUNCIL AUGUST 2, 2006 DRAFT B. Public Inquiries: (1) EBI Drilling & Parks Construction -Directional Boring Extra Costs: Marc Allen, Project Manager for Park Construction addressed the Council apologizing for any inconvenience caused to Tablyn Park residents. He reminded the Council that this project entails about 30,000 feet of water pipe installation as well as roadway reconstruction together with installing water services to about 180 homes in Tablyn Park. Terry Anderson, Vice President of EBI Drilling, advised the Council that his firm is of the opinion that the Tablyn Park construction contract allowed the deposit of water line boring materials at the Heights Park stockpile area. He stated that the City's order to not use the Heights Park site for boring materials was in violation of the contract and that EBI Drilling would be filing a claim for additional payment reflecting the extra costs EBI was incurring for transport of the boring materials to another location for disposal. Attorney Filla advised the Council that there is a process in the construction contract that addresses claims such as those made by EBI Drilling. It would be in,the best interests of the City to address this matter using that process rather direct CityCouncil intervention as Mr. Anderson appears to request. ° lh. Alp It was the consensus of the Council to direct Staff to`pursue the claims of EBI Drilling through the contract dispute resolution procc (2) AG Intemretation: George Dimmick, 8465 Demontreville Trail, requested tli2' Council remove the Non - Conforming AG zoning accessory building size xlterpretation from the table since he understood that the City Plann�=and City Attorney now do not think this matter relates to any ongoing litigation., The City Attorney andj,44-4 annex`, indicated their concurrence with Mr. Dimmick's statement. M/S/P Johnson/DeLapp — direct e`c Staff to place the Non -Conforming AG accessory building interpretationon the August 15, 2006, Council Agenda. (Motion passed 3-0) 4. CONSENT AGENllA:' A. Resolution No 2006-073: Approving Claims: M/S/P DeLapp/Johnson — to adopt Resolution No. 2006-073 approving Claims Numbers 338, 339, DD922 through DD834, 29439 through 29454, were used for Staff Payroll dated July 20, 2006; claims 340, 29455 through 29493, in the total amount of $406,796.16. (Motion passed 3-0) B. Request from Meehan Family for an Extension of Time to Record Final Plat: Staff reported that Torre Pines was given preliminary plat approval July 1998 and final plat approval for all but four lots in September 1998. The City was informed at that time that Mr. Meehan would continue to live in the existing home on the unplatted 10 acres and that the final plat for these four lots would not be done until some time in the future. CITY COUNCIL AUGUST 2, 2006 DRAFT The Meehan's are requesting another one-year extension. City Code allows for this extension, but requires Council approval on a yearly basis, as has been done every year since 1999. M/S/P DeLapp/Johnson — to grant the Meehan's a one-year extension of the Final Plat of Torre Pines, specifically the parcel now shown as Lot 15. (Motion passed 3-0) C. Resolution No. 2006-074: Election Judges for Frnnaa and cieneral 1 lection: M/S/P DeLapp/Johnson — to adopt Resolution No. 2006-074, appointing Election Judges for the September 12, 2006, Primary Election the November 7, 2006, General Election. (Motion passed 3-0) D. Resolution No 2006-075• Roadside Landscape Partnershin Program: M/S/P DeLapp/Johnson — to adopt Resolution No. 2006-075, authorizing Application and Primary Contact Person for MNDot Community Roadside Landscaping Partnership Program. (Motion passed 3-0) E. Street): M/S/P DeLapp/Johnson — to adopt Resolution No. Specifications and Ordering Advertisement" for B! Julep Avenue and 47t' Street. (Motion passed 3=0' 5. FINANCE: A. Budget Schedule: Finance Director Bouthilet PT&ided Ctiunc been meeting weekly and the budget will be Workshop. rol None approving Plans and IA Resurfacing - 45a` Street, 2007 Budget Calendar. Staff has at the August 8, 2006, Council 7. MAINTENANCL/IIY4K t-U<NIBUJL JOIN s: A. Parks Dent.: (1) Resolution No 2&-077: Parks Plan Consultant Selection: The City Planner reported that the Park Commission and Council interviewed three consulting firms at the July 17, 2006, Park Commission meeting. At a Special Parks Commission meeting on July 25, 2006, the Commission adopted a recommendation to the City Council that the firm TKDA be contracted to complete the update of the 1990 Park System Plan. M/S/P Johnson/Smith — to adopt Resolution No. 2006-077, approving the selection of TKDA as consultant for the Park System Plan Update, and authorizing the Mayor and City Administrator to enter into a contract for services. (Motion passed 2-1: DeLapp believes the City has enough information on hand and people to evaluate this information to complete a Park Plan update without hiring a consultant. The City doesn't need to rd CITY COUNCIL AUGUST 2, 2006 DRAFT spend more money on the completion of the 1990 Park System Plan. Park usage/assets need to be clearly defined, and future needs anticipated which can be accomplished without consultant assistance and expense.) 8. CITY ENGINEER'S REPORT: A. Easement for Northern Watermain: City Engineer Prew informed Council that 2 appraisals have been received for the two easements required from the Bergman's. He requested Council approval to schedule a meeting to present offers to the property owners based on the appraisals. M/S/P Johnson/DeLapp — to direct Staff to negotiate for the Northern Watermain Easements with the Bergman's in accordance with the appraisal. (Motion passed 3-0) 9. PLANNING, LAND USE & ZONING: A. Resolution No. 2006-076: Garage Fo Avenue (Landsem): The City Planner reported that the property owner at building permit to convert an existing 2-car garage t( detached 3-garage nearer the front lot line than the MIST DeLapp/Johnson — to adopt Resolution No. detached garage structure nearer the front lot, line 1 Jamaca Avenue per plans Staff dated July 272001( tcesoluuon i40. /-uvo-v i a - 311uI, The City Planner informed tbo Section 520 Site Plan and Shore] 2006, Council meeting B. Hovnanian' mes: Council Member DeLapp stated applied for a approving location of a Zcipal structure at 5487 passed 3-0) h America had requested that the be withdrawn until the August 15, he believes that Hovnanian Homes received the _. wrong message following their,presentation of a proposed project at a recent Council Workshop. Hovnanian apparently understood from that unofficial meeting that the Comp. Plan amendment to accelerate sewer staging to accommodate their project would be approved by the Council if certain plan modifications were made. He reported that Hovnanian has since met twice with neighbors to the site on which the Hovnanian proposes the project where more modifications were suggested. He stated that when Council Members and site neighbors suggest plan modifications, a developer assumes the project will be approved by the City and concurred in by neighbors if that modification is made. He observed that Hovnanian has not applied for any City approvals, and he objects to the proposed project being addressed outside of any formal City review process. The City Planner reported that Staff has not been contacted by the builder since the neighborhood meetings. 5 CITY COUNCIL AUGUST 2, 2006 DRAFT 10. CITY ATTORNEY'S REPORT: None 11. CITY ADMINISTRATOR'S REPORT: None 12. CITY COUNCIL REPORTS: A. Acting Mayor Smith thanked the Fire Dept. and Washington County Sheriff s Office for participating in their Neighborhood Night Out last Saturday. B. Council Member DeLapp reminded everyone why they got placed on the agenda, be aware of events, meetings and decisions being made. C. Council Member Johnson stated she had attended the Green Acres National Night Out, and everyone received some great pointers and safety tips. REMINDER: Council Workshop on August 8, 2006, CIC Meeting on August 9, 2006, at 7C Meeting adjourned at 8:40 p.m. Resolution No. 2006-073: Approved Resolution No. 2006-074: Resolution No. 2006-075: Resolution No. 2006-076: Jamaca Avenue (Landsem) .0 for Primary and General Elections caping Partnership Program . of Principal Structure — 5487 Resolution No. 2006 077A Approved, Selection of TKDA as Parks Plan Consultant hri.. . Resolution No. 200 078: 2006 MSA Resurfacing: Approve Plans and Specs and Authorize for Bids, CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-079 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 341, 342, DD835 through DD847, 29494 through 29504, were used for Staff Payroll dated August 3`d, 2006; 29505 through 29559, in the total amount of $917,087.81 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 15`h day of August, 2006. Dean A. Johnston Mayor ATTEST: Martin J. Rafferty City Administrator I i I IP� CA qy 6 m a p O C7 OGC G C N yrt U A AA �O �O OO POD\ NA W OO 0 0 0 0 0 0 0 0 0 0 oos os on o� oo,� 005 05 N Nx Ax Nx N x NN x U VAix Nx 000 orn ova om oorn o61 orn N N,p r a N y N ,p N N j lA iA N N ry A R N O N (i O O N O O N O N 000 oG o0 0❑ 000 ooG o❑ OJ`l OD\ AU pA W OON wr 0 0 O O O Uto O O O O O x x x x x x x O' 6 O• O' 6 Q � c F. 0 0 0 0 0 0 0 O O I :v o > G. 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N @ CD Cn N O Q CD m C CO CO CD a 'i X O m 2 v j N a 0 O m N O N O N m C j m N z N to cl N I= I I I I I Ill I co Cn i N O O O O CT O W O CT O O OOOO(n O O O O O M O W N V �tOm (h N O) O t0 00000000000 OOJ W -�D7 (T co V CD N V N m N N I m00000loow 000m00000 I m N CD NON N -� (T 7 A N O O 00 ( O OOOOON C o M OOON(D O�I N O 00 00 Cfl 0 O 00 W 44 CO ENO) O) 0 Mt0 m � m � O m °o O CO y m m 0 m � N m co I m o m 3 II m m I I O y I m m I i � m J m I i I m AUG-10-2006 11 55 TKDR 651 292 0063 P.D1'� 1500 FIiper,fafiray Plus y 444 Street TKSalnt paul Paul, MN 55101-2140 ENGINEERS' ARCHITECTS • rLPMVI ERS (651) 292-A400 (65i) 292.ODO Fax www.tkda-COm Proj. No. 13186.000 Cert. No. _ 5 r. St. Paul, MN, Au usC 10 20 06 Owner To Ci of Lake El o Miru►esota Contractor This Certifies that Rile Brothers Cons truc 'on. For Is entitled to tine tiunarea �,G.,��,. -� •.- ----- - 2005 being 5th estimate far partial payment on contract with you dated S tember 20 , ,r"A Received payment in full of above Certificate. Riley Brothers Construction 'Thomas D. I'rew, E. 2006 .— . -„� . rrnTmTT An Employee Owned Company Promoft Anrm MIS AG*n and E9+W Ooaa&'7lty RUG-10-2006 11:55 TKDR 651 292 00S3 P.02 TKDA ingineers-Architects-Planners PERIODICAL ESTIMATE F'OR PARTIAL PAYMENTS Estimate No. 5 Period Ending 6=st 5 20 06 Page l of l Proj. No. 13186.000 Contractor Riley Brothers Construct on. Original Contract Amount 612 000.32 Project W ter Svstem Yntemomneet Phase ffi (jamaca Avenue Stillwater Boulevard. and 31st Streetsl Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed Approved Extra Orders Amount Completed Total Amount Earned This Estimate Less Approved Credits Less 5 %Retained Less Previous Payments Total Deductions Amount Due This Estimate Suriety Contractor St. Paul Travelers Thomas D. lfrew, P.E. $ _ 635,135.46 $ 0.00 $ 0,00 $ 0.00 $ 635,135.46 $ 31,756.77 $ 424,735.94 $ 456,492.71 $ 178,642.75 Date Date Date st10 2006 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-080 A RESOLUTION APPROVING PARTIAL PAYMENT NO. S TO RILEY BROTHERS CONSTRUCTION FOR WATER SYSTEM INTERCONNECT — PHASE III (Jamaca Avenue, Stillwater Boulevard and 31st Street) BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 5 to Riley Brothers Construction in the amount of $178,642.75 for work improvements to the Water System Interconnect Project — Phase III, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 15th day of August, 2006. Dean A. Johnston, Mayor ATTEST: Martin J.Rafferty, City Administrator RUG-10-2006 11:55 TKDR 651 232 0063 P.03 1500 Plper Aftrq Plaza �a ` TIUD-A SaI CCd6rStreet Saint Paul, MN 55101-2140 EMEMEMMEMEMM QdG'INSM - ARCHITECTS - PLANNERS (651) 2924400 (651) 2A -M fax www,tkda.com Proj. No. 13524.000 Cert. No. _ 1 _ St. Paul, MN, Au lust 8 , ZOT _ 06 Owner To ity gf Lake Elm Minnesota Contractor This Certifies that Park Construction Co. For Tablyn Park/Lake Elmo e' hts Watermain Is entitled to S Hundred Twee -Seven _ ousand Five Hundred Thi -Two Dollars and. 95/100 62 5 2.95 being 1 st estimate for partial payment on contract with You dated Tune 6 2006 Received payment in full of above Certificate - Park Construction Co. 20 06 TKDDA Thomas D. Prew, P.E. --." A msyn- rr A mrnN nF ACCOUNT An Emptayee Dwned Company Pron vft Atfit ahe Acl(on and FQW Oppnrtrl AY PUU-10-2006 11:55 TKDR 651 252 0063 P.04 TKDA Engineers-AmMtects-Planners PERIODICAL .ESTIMATE FOR PARTIAL PAYMENTS Estimate NO- 1 Period Ending Auttust4 .20 OriginalPageIof 1 otAuwtint Prej.No. 31434400 Contractor Park Conu0rmtion Co _ Location Total Contract Wotk Completed Materi Stored to Date Total Approved Extra Work Completed Approved Extra Orders Amount Completed Total Amount Earned This Estimate Tess Approved Credits Less 5 % Retamed Tess previous Payments Total Deductions Amount Due This Estimate Contractor on 0. eer Thomas D. w, P.E. $ _ 360,561.00 $ 300 000.00 $ 0.00 $ 0.00 $ 6W561.0d $ 33,028.05 $ 0,00 $ 33,028.05 $ 627,53295 Date Date Au st 8 2006 Hl1Li-lU'-zowb 110 Jb I KDH I b51 kc ;:� [i6b.s t'. UZ> PERIOD ENDING: t4 2006 ESTIMATE N0.1 TAHLYN PARKfAKE ELMO FOI34 3 WATERMAIN LAKE ELMO, MINNESOTA PRWECT NO. 13524.000 CONTRACT QUANTITY UNIT AMOUNT ITEM UNIT QUANTffY TO DATE PRICE TO DATE NO, DESCRIPTION GENERAL 1.0 025 S 46,000.00 $ 10,000.00 1 Moblllzmon LS 1.0 0.25 $ 10,000.00 5 2,500.00 2 Traffic Control LF 20.0 S 5 10.00 S - 3 Remove concrete Curb & Gutter LF 80.0 S - $ 10.00 $ - 4 Salvage RC Samr Pipe Remove & Patch BituminouS Roadwav 4' thick Include Gravel S 2200 $ - SY 3866-0 S - 5 Base fi Reclaim &Stockpile Bituminous &Base (6"depth) & Respre ad SY 17979.0 S $ 8•00 S - 7 Remove & Rep180a Bituminous Driveway Z1 thick Gravel Base SY 129.0 $ - $ $ $ 25-00 $ - 5.00 S S Saw Cut Concrete (full Depth) Driveway LF LF 11.0 5309.0 $ - S 3.00 $ - 9 Saw Cut Bituminous (full depth) Patches and Driveways Cy 2341.0 $ - $ 15.00 $ - 10 Topsoil Borrow TN 1106.0 5 $ 10.00 S ' I g99re9ate Suiiacin9, CL 5 (6" thick) SY 4.0 $ _ $ 55.00 $ - 12 Remove & Replace Concrete Driveway 6" Thick Base 40.0 $ - $ 16.00 $ - 1$ Install Salvaged 12" RCP, Cl. 5 Storm Sewer $ S 15.00 S - 14 Install Salvaged 18" RCP, cL 5 Strom Sewer F LF 20.0 2D.0 S $ 15.00 S - 15 insists Salvaged 24" RCP, Cl. 4 Storm Sewer EA &0 S _ $ 2,000.00 $ - 16 Connect to EASfing Walemrain FA 47.0 2.00 $ 800.00 $ 1,600.00 17 6" Gate Valve & Box EA 28.0 10.00 S 1,000.00 $ i0,000-00 18 8" Gate Valve & Box EA 5.0 $ $ 2,50000 S - 19 12" Butterfly Valve & Box EA 5.0 $ 5 3,000.00 $ - 20 16" Butterfly Valve & Box EA O 2.00 $ 200.00 $ 5,000-00 21 Hydrant EA 5.0 $ - $ 350.00 S - 22 Hydrant Extension (6"} FA 5.0 $ $ 400.00 $ - 23 Hydrant Extension (12") PA 79.0 $ S 60000 S - 24 Fusable Saddle w11" Corporation Slop EA 84.0 $ - $ moo 5 - 25 1" Corporation Slop EA 15.0 $ - $ TOO.00 $ - 26 Pusable Saddle wflf5" Corporation Stop 4.0 $ _ $ 53,00 $ - 21 1.5" Corporation Stop EA EA 163.0 $ - 5 270.00 $ - 28 1" Curb Stop & Box EA 19.0 $ - $ 330.00 S - 29 1.5" Curb Stop & Box LF 730.0 18.00 $ 25.00 S 450.00 30 6'DIP, c1.50 Watemlain LF 7553.0 4817-00 S 28,00 S 134,876.00 31 B"DIP, 01,80 Watermaln Watemain-DR17 DIP Stm (by directional drilling) LF 0603. A06030 3925.00 $ 30.00 S 117,750.00 S - 32 8" HOPE F $ - $ 35.00 33 12"DIP, d,50 WatErnlain HOPE Watarmatn•DR17 DIP Size (by directional drilling) $ S S - 40.00 $ling) 50.00 S - 34 12" 35 12" MJDIP, d.50 WatWmsln (through casing pipe) LF 170.0 $ - S 50.00 $ - 36 16"DIP, d.50 Watermain F 68.0 Watemlaln-DR17 DIP Size (by directional drilling) LF$195.0 1325 $ �0000 $ 66,300.00 37 16" HOPE 38 1-Type HDPE DR1 i Water Service (direeilonai drilling) LF 14391.0 $ - $ $ $ - 1717.00 39 1" Type "K• popper Water Service (open cut) LF 2430.0 $ _ S $ .00 28$ 40 1.5"Type HOPE DR11 Water Service (directional drilling) LF 59B3.0 S 22.00 $ 41 1.Type "K" Copper Water Service (open out) 5" 120-0 150 0 S $ 200.0o S - 42 jack/Auger 24' Stall Casing Pipe LF La 14354.0 1T27.00 S 5.00 S 8,W6.00 43 DIP Watermain FIRM95 (C 110 Standard) SF 73.0 5 - S 3.00 $ 44 Remove & Replam Conaete Sidewalk d" Thick 20.0 $ - $ 15.00 S - 45 Concrete Curb & Gutter (match u1sung) LF F 300.0 $ - $ 20,00 S 46 Concrete Curb & Gutter D412 EA 181 D $ _ S 400-00 S - 47 COM Drill Basement Foundation Wail & Saet 10.0 $ - S 100.00 $ - 48 Shrub (potted) 24" (mach existing) FA 6A 10.0 $ - S 30.00 $ - 49 Salvage Shrub (transplant) LF 600.0 $92.00 $ 1.50 $ 1,338.00 5D Slit Fence Sy 137MO 5 - $ 3.50 $ - 51 Sodding, Type Lawn Common Laborer (tor mica landscape work) me MAN HF e S S $ 50.00 $ - 5,000.00 S - 52 53 Seed & Wood Fiber Blanket CY 1.0 50D S - $ - $ 50.00 S - 54 Landscape Rode (match eASting) EA 12.0 S S $0.00 S - 55 Off Road Smlcture Marker $ 358,444.00 SUBTOTAL -GENERAL 1 HULi-1✓J—'GU'✓Jb 11 5b IKDR ESTIMATE NO.1 TABLYN PARK/LAKE ELMO HEIGHTS WATERMAIN LAKE ELMO, MINNESOTA PROJECT NO. 13524.000 ITEM NO. DESCRIPTION bJl Gyc YJvJtl.] F'. ✓Jb PERIOD ENDING: August 4,2006 CONTRACT QUANTITY UNIT AMOUNT UNIT QUANTITY TO DATE PRICE TO DATE TABL.YN PARK (STREET WORK) 1 Common Excavation CY 197&0 264,0 $ 6.00 S 21112.00 2 Aggregate Base cl. 5 TN 1198.0 - $ 10.00 S - 3 Type W-4 Bituminous Nan -Wear Course Mixture TN 1662.0 - $ 3&00 $ - 4 Type LV-4 Bituminous Wear Course Mixture TN 1780.0 S 42.00 $ - 5 Bituminous Materelfor Tack Coat GA 899.0 - S Izil S - 6 Adjust MH Casting & Replace Casting & Rings EA 1.0 - $ 400.00 $ - 7 Repair Catch Basin, Replace Casting & Rings EA 6.0 - $ 80o.00 $ - 8 Bituminous Drhreway Apron (2) (new) SY 241.0 - $ 17.00 $ - 9 Remove & Replace 8rtuminous Driveway T Thick & Gravel Base Sy 477.0 - $ 25.00 $ - 10 Remove & Replace Concrete Driveway V' Thiok & Base BY 249,0 - $ 55.00 $ - 11 Saw Cut Bituminous (hull depth) Driveways LF 8$2.0 - S 3.00 S - 12 Saw Cut Concrete (full depth) Driveways LF 431.9 - $ 5.00 S - 13 Saw & Seal Street (40' Intervals) LF 3695.0 S 1.50 $ _ TOTAL ESTIMATE NO.1 2 $ 360,561.00 TOTAL P.06 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-081 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 1 TO PARK CONSTRUCTION COMPANY FOR TABLYN PARK/LAKE ELMO HEIGHTS WATER MAIN BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 1 to Park Construction Company in the amount of $627,532.95 for work improvements for the Tablyn Park/Lake Elmo Heights Water Main, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 15th day of August, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator 9 E. TKDA ENGINEERS • ARCHITECTS • PLANNERS August 14, 2006 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: 2006 Overlay City of Lake Elmo, Minnesota TKDA Project No. 13688.000 Dear Mayor and City Council: 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Bids for the referenced project were received on August 11, 2006, with the following results. A complete Tabulation of Bids is enclosed for your information. Base Bid Contractor Valley Paving, Inc. $208,318.00 $217.959.00 T.A. Schifsky & Sons, Inc. $223,947.73 Astech Corp. $249,458.25 Midwest Asphalt Corp. $250,627.00 Tower Asphalt Engineer's Estimate $229,197.50 Recommendation We recommend that you award the Contract to the lowest bidder, Vallev Paving, Inc., for their base bid of $208,3118.00. Please do not hesitate to call me with any questions or comments you may have. Sincerely, Thomas D. Prew, P.E. Project Manager TDP:cme Enclosure An Employee owned Company Promoting Affirmative Action and Equal Opportunity M O p p o o00000000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o ¢ Z I- zJZ dddodnidv<dod mu>000NM Mao dd dui co rvg of (/J Q Q O N l0 O V' O N N gnN N m V< t0 V r V O+ q J Z~O 2 OOP rNd' N VrNN C9 Mm�OJ t0O CJ NNr N p o 0 0 o M o 0 0 0 0 0 0 0 0 Wo 0 m LL O 17 0 0 0 0 0 0 0 0 0 0 0 O p O W 2 S- W W O Oi of d N Ln N N N i0 (OO rn ray. 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AND WHEREAS, VALLEY PAVING, INC. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: The mayor and clerk are hereby authorized and directed to enter into a contract with VALLEY PAVING, INC. in the amount of $208,318.00, in the name of the City of Lake Elmo for the 2006 OVERLAY Project according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo City Council this 15th day of August, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator Summary Building Report July-July-201 Year to Date Permits Permits Issued Valuation Issued Valuation New Residential 4 $2,126,965.00 New Residential 18 7,754,853.00 New Commercial 0 $0.00 New Commercial 4 13,622,080.00 Other Residential 33 $1,317,883.00 = Other Residential 206 4,631,411.00 Other Commercial 5 $211,000.00 Other Commercial 27 5,525,616.00 Total 42 $3,655,848.00 a Total 255 $31,533,960.00 pi 7 �yy IpA Total Building Fees Collected $51,523.18 7 Total Building Fees Collected $367,164 29 Summary Plumbing Report 3 Summary Plumbing Report Plumbing 9 $186,546.00 s t Plumbing 56 $2,112,896.00 Total Plumbing Fees Collected $603.00 Total Plumbing Fees Collected $15,489.50 Summary HVAC Report Summary HVAC Report HVAC 6 $106,400.00 HVAC 62 $4,685,706.00 t i Total HVAC Fees Collected $703.00 9 Total HVAC Fees Collected $46,200.76 Summary Grand Total Fees $52,829.18 1 z Summary Grand Total Fees $428,854.55 Surcharge Fee Paid to State $1,819.09 Surcharge Fee Paid to State $16,347.98 SAC Fees Paid to Met Council $0.00 SAC Fees Paid to Met Council $18,600.00 WAC Fees Paid to Oakdale $0.00 WAC Fees Paid to Oakdale $6,000.00 Misc. Expenses $0.00 Misc. Expenses $0.00 Total Fees Retained $51,010.0 11 Total Fees Retained $387,906.57 Credit Fees to Bldg $39,159.01 i z Credit Fees to Bldg $332,953.49 Credit Fees to Water $11,700.00 l Credit Fees to Water $54,200.00 Credit Fees to Sewer $151.00 ` Credit Fees to Sewer $753.00 Sri. i r� KD /� 444 Cedar Street Plaza jf Lgj�i 444 Cedar Street Saint Paul, MN 55101-2140 ENGINEERS• ARCHITECTS•PLANNERS (651)292-4400 (651) 292-0083 Fax MEMORANDUM www.tkda.com To: Marty Rafferty, City Administrator Reference: Center Island Interest Poll Copies To: Tom Prew, City Engineer 27th Street Court N & 27th Street N Ryan Stempski, Project Engineer Tablyn Park, Lake Elmo, Minnesota Proj. No.: 13524 From: Jennifer Neby, EIT Routing: Date: August 9, 2006 ResidentAddress: '�� Resident Name: Phone Number: Date of Visit: At the City's request residents were asked the following questions and their response was documented as shown: 1. The City has asked TKDA to ask your opinion on a landscaped center island in your cul-de-sac. Would you be in favor of a center island? (yes or no) 2. If so, would you be willing to help plant and maintain this green space? The planting will be low maintenance. Maintenance could include watering, weeding, pruning, etc. 3. If a center island was constructed, the City may post `No Parking' within the cul-de-sac. What would your opinion be then? An Employee Owned Company Promoting Affirmative Action and Equal Opportunity 3 \� ACE TO FACE CONC. CURB. 0 'at CUL—DE—SAC _ U ° ALTERNATE DESIGNS j�Illp C�v 201—2'RCP STORM PIPE r MI PhF01ECT CATCH SKEIN f j I I jI i � I I I i 31 oEveriEp PRorEcr No. RDJ REMOVALS do RESTORATION 13524 CHECK RFNIID N. OA'fE 9Y OESCRIP'RON OF RE,ONS MP SHEEr NO. 10 OF 52 SHEETS Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9A City Council August 15, 2006 Drainfield Setback Variances — 8320 Hidden Bay Trail (Swanson) Background Information for August 15, 2006: conduct a Public Hearing and (likely) adopt a recommendation to the City The Planning Commission will Council on this matter at its August 14, 2006 meeting. Due to the unusual juxtaposition of Cominission/Council meeting dates this month (one being the day after the other) we are extending a ter on the Council agenda before we have a recommendation courtesy to the applicant by placing this mat from the Commission. The applicant seeks a variance from drainfield setback standards to the property line (3 feet where 10 feet is required) and an existing detached garage (3 feet where 20 feet is required). The variances relate to the applicants' failing (and apparently undersized) septic system needing a new drainfield in proximity to the existing drainfield. For purposes of this agenda we have attached a draft Resolution for approval of the variances consistent with the Planning Staff Report. We will report the oc e both vas Findings and riances, es, staff will bruin ea den al ndation on 15. Should the Commission recommend denial of with the Commission's Findings to the Council meeting as well. Person responsible. Action items. - City Planner Motion to adopt either the attached resolution of approval or an alternative Resolution of Denial for septic system setback variances at 8320 Hidden Bay Trail. �. _ Allocated: Attachments: v Time 1. Draft Resolution #2006 - Approving Variances 2. Planning Staff Report with Attachments CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-083 A RESOLUTION APPROVING SEPTIC DRAIN FIELD SETBACK VARIANCES REQUESTED BY JOHN AND DIANA SWANSON/JET CONSTRUCTION AT 8320 HIDDEN BAY TRAIL NORTH WHEREAS, John and Diana Swanson/Jet Construction has made application to the City of Lake Elmo for a variance from drain field setback standards to the property line (3 feet where 10 feet is required) and an existing detached garage (3 feet where 20 feet is required) at 8320 Hidden Bay trail North, Lake Elmo, Minnesota. WHEREAS, the Lake Elmo Planning Commission considered these variance requests at its August 14, 2006 meeting, and recommended that the variances be granted based on the following Findings: 1. The property can not be put to reasonable use without the granting of the variance requested. The property can not be put to any continued residential use without a properly functioning septic system. As a platted parcel with an existing home, residential use is a reasonable use of the property. 2. The variance requested does result from circumstances unique to this property related to the location of the existing septic system in 1980. There is no alternative location feasible for the system reconstruction and enlargement required to render the system fully functional. 3. Granting of the variance will not change the essential character of the neighborhood since all proposed improvements will be below grade. WHEREAS, the Lake Elmo City Council reviewed the septic drain field setback variances requested by John and Diana Swanson/Jet Construction, 8320 Hidden Bay Trail North, at the August 15, 2006 meeting. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council hereby approves septic drain field setback variance requested by John and Diana Swanson/Jet Construction, 8320 Hidden Bay Trail North, based on Findings of the August 9, 2006 Planning Staff Report and plans staff dated August 9, 2006. ADOPTED by the Lake Elmo City Council on August 15, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator Swanson vaiance i i r Date: August 9, 2006 for the Meeting of August 14, 2006 Applicant: John & Diana Swanson/Jet Construction Location: 8320 North Hidden Bay Trail Requested Action: Section 700 Septic Setback Variances (2) Land Use Plan Guiding: SRD Existing Zoning: R-1 (Shoreland Overlay) Site history and Existing Conditions: Washington County records report the subject site to be 33,707 square feet in area (0.77 acres) containing a house of 1,384 square feet constructed in 1954. The assessor's records report this to be a 4 bedroom home. City Building Department records regarding this site begin with a. permit to construct a septic system in 1980. There is no indication in the City files as to what manner of septic treatment pre -dates this installation. The 1981 septic installation was specifically designed (sized), permitted and constructed to serve a 3 bedroom home, and with a drainfield located within not more than 2 feet from the east property lute. No additional permits or City actions of significance appear in the records of this site. A 2006 report by a State -licensed septic system inspector/designer indicates that the circa 1980 septic system serving this site is a "failing system". Staff observes that serving a 4 bedroom home with a system that had been designed to serve a 3 bedroom home (for at least a portion of the previous 26 years) may have contributed to the system failure. Discussion and Analysis: The applicants' septic designer advises that the existing system can renovated to address the present failing condition by the addition of new septic tanks and more than doubling the area of drainfield trenches. From a infiltration area perspective the design has effectively mandated a totally new drainfield — this time sized for 4 bedrooms rather than 3. Locating the new tanks and drainfield trenches in reasonable proximity to the existing septic system components — but not in the O11W setback to Lake Demontreville — results in the new dramfield trenches within 3 feet of the east property line (10 feet required) and within 3 feet of the applicants' slab floor detached garage (20 feet required). Drainfield setback standards are established by Minnesota Rules 7080, which are adopted by the City by reference in Section 700 of the City Code. While not required to support a septic variance application, we note that the neighboring property owner to the east has submitted a letter offering no objection to the proposed drainfield enlargement and variance to the yard setback. Section 700.05 of the City Code (as amended in 2003) provides septic variances shall be processed and heard using the same process as prescribed for zoning variances (Section 300). That would include, we assume, the same required Findings as well. Findings and Recommendations: 1. The property can not be put to reasonable use without the granting of the varance requested. The property can not be put to any continued residential use without a properly functioning septic system. As a platted parcel with an existing home, residential use is a reasonable use of the property. 2. The variance requested does result from circumstances unique to this property related to the location of the existing septic system in 1980. There is no alternative location feasible for the system reconstruction and enlargement required to render the system MY functional. 3. Granting of the variance will not change the essential character of the neighborhood since all proposed improvements will be below grade. planningCommission Actions Requested, Motion to recommend approval of variances for septic drainfieId setbacks at 8320 bidden Bay Trail based on Findings of the August 9, 2006 Planning Staff Report and plans staff dated August 9, 2006. Charles E. Dillerud, City Planner Attachments: 1, Location Map 2. Applicants' Documentation LAKE DEMONT.4EWLLE c. c. R L 40 46 /� .. •64. ` d .m :_ my my \ i o OACE ACkES SECO p ADDIIIO f w� l ,NOPnV ' mm m P M'ItIDaN=PIC TAaL S ew I Location Map X 5 �\• [ m_ _ i f l e a'- 'P'_N4 T3aNIN 'I�IN �TS Tm LLnXX.I �� T_9N P N ReN P'N 111 RIW RM Vicinity Map 0 278 Scale in Feet 9�ammwe�man:.v awm.w«aw.a.oXwumee� e�sswmwomwremre,� rmpemeela M q hmmimaa. 76 NI The existing sewage treatment tanks are cesspool and seepage pit, and are classified as non -compliant and will need to be abandoned and replaced. Homeowner chooses to upgrade the system now, in order to improve conditions affecting groundwater and the lake. Existing trenches are compliant and may be used. These trenches appear to be surveyed at five feet over the property line. These trenches would be terminated three feet back from the property line (and the abandoned portion backfilled with loam). Additional trenches would be added to double the total area. The new trenches would be only 3' from the property line and 3' from an uphill garage, slab on grade. The hardship related to this application is as follows: Existing tanks need to be replaced to protect the adjacent lake and groundwater. Due to limited space between the house and property line, replacement tanks and additional trenches need to be as close as 3' from the property line and 3' from and uphill garage, slab on grade. Given the existing conditions, the only possible location would require these variances. The existing situation has been evaluated by Steven Shinners WCA No. 627), and he designed the current proposed solution. Jon Olson of Olson Sewer Service would install the new system, and he confirms with Shilrmer that the variance is required, but desirable and necessary. The adjacent property owner, Jack Goodlad, is aware of the proposal and supports the decision to grant the variances. The affected area is all well downhill from his properly. RECEIVED July 14, 2006 John & Diane Swanson 8320 Hidden Bay Trail NT Lake Elmo, KST 55042 Dear John and Diane I understand that you plan to expand and reconstruct your home's septic system in order to meet the City of Lake Ehno's Building Code. It is also my understanding that your contractor plans to install the drain field to within five feet of our common property line. You asked me for a no objection letter pertaining to the installation of the drain field for your new system. I have no objection to the installation of your drain field, which will be built in accordance to legal specifications, to within five feet of the property line. Sincerely, hn ts. 'oodlad 8344 Hidden Bay Trail N. Lake Elmo, NIN 55042 RECEIVED. T C g INC. nca Ifoh,rinA E ar Revised July 18, 2005 Revised June 15, 2006 may 19. 2005 John Swanson 8320 Hidden Bay Trail Ca., MN Elmo, .washingt on Steven B. 5chirm a MPCA Cert.NO. 527 St. Michael, iJ$N 553E 6 e6 3) 497-5011 State License #394 RE CE IVE A Compliance Inspection was completed for the existing on -site sewage treatment system located on this property. The existing tanks are a cessPaofacee Due ioi limited are classified as non -compliant & will need to be abandoned & rep access use plastic tanks. & the bottom of the Two rock trenches ground suure found With the t0P Of the rock at 2frece The bottom of he highest trench s at elev 102.1 rock In sal 42" be g boring 92 mottled soil from the bottamaof the trench & redoxres) were dfeatures & i boring 13 redox features separationtrenches are were found at elev. 98.0 which (eaves a 3.2` separation. The existing compliant & may be used. After the survey has been completed the existing trenches = 327sq.ft., 109 iin.ft., 760 sq.ft is needed. An additional 433sgJt_, 144 lin.fL will need to be added. Due to limited space, use high capacity chamber. The new trenches will need approval to be V from slab on grade). This will need the east property line & 3 from the existing garage .i approval or a variance from the City of Lake Elmo. This is needed due to limited space, fill soil, steep slopes, compacted soil, trails & parking area on the remainder of the property. The survey shows the existing trenches oex�endl n'e& bthe kfI led w th 6 m line which will need to be removed V back from the p P rtY soil. esigned for a Tpe 1, four bedroom This On -Site Sewage Treatent System is with the Minnesota pollution f Cont of Agency Chome,. Chapter 7080 and local �n a ordinances. . l 'd �991'0N �OSS'd A810� I�J�dh Wd9S�Ol 9001 'bZ'l°P The soils on this site are a loamy medium send. The seasonally saturated soils were located at 56" & 88" (mottled soil) . The bottom of the treatment area must be located at least 3' above the seasonally saturated soils. A standard trench system may be, installed. A pumping chamber will need to be installed to lift the septic efiiuent to the treatment, area. The power supply and switches roust be located outside the manhole and pumping chamber in a weather proof enclosure. A warning device must be installed with a light and sound device, this is in case of a pump failure. The existing supply line Will be abandoned & a new supply line installed to the highest trench. The existing drop boxes will be disconnected & new drop boxes installed. A lift pump will be needed for the entire water use in the home to keep.the tanks shallow. A pump will be used in a 24" to 30" riser outside the foundation, 50' from the well & 796from the shoreline. The pump will need to be a dual pump with an alternating relay. An effluent screen is recommended at the outlet of the 2nd tank to prevent solids from entering the pumping chamber. Ali neighboring wells are located greater than 59 away from the proposed treatment area, Keep all heavy equipment off of the proposed treatment area before and after construction. The treatment area should be marked off before construction. This Design is not valid & the system will need to be relocated if failure to protect the areas proposed for On -Site Sewage Treatment occurs. itVith proper installation and maintenance, treating septic effluent efitr-Lively. this system should have no problem in 2 Z I E99t'IN 30m AS100 AMA Wtl9S:E 90H 'bz Pr Nothing other than human waste, toilet tissue, laundry, showers, water softener etc. should be disposed of into the septic tanks, Recommend Iron filters be diverted out of the system. Recommend to divert the water sooner also it the iron filter is diverted. Garbage disposals are not recommended, due to adding more solids & fine solids passing through to the system. Excessive amounts Of soaps, antibacterial soaps, cleaning agents, shower cleaners used ev®ry shower & chlorine agents may kill the bacteria needed to treat septic effluent, Additives are not. recommended. Recommend to pump & clean your tanks through the manhole by a certified pumper every 2 years. Check with your pumper to set up a schedule. Recommend laundering be limited to 3 to 4 loads per day. Steven S. Schirmer$ 3 f 'd M9 'IN 0OSSV A81O� A99VA WdLS:0l 900Z 'H VP t v RR .4 z z LL, •\ t �A Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9B City Council August 15, 2006 Agenda Item: Conditional Use Perrnit/Site Plan — 11051 Stillwater Blvd. (Baillie/Harty) Background Information for August 15. 2006: The Planning Commission will conduct a Public Hearing and (likely) adopt a recommendation to the City Council on this matter at its August 14, 2006 meeting. Due to the unusual juxtaposition of Commission/Council meeting dates this month (one being the day after the other) we are extending a courtesy to the applicant by placing this matter on the Council agenda before we have a recommendation from the Comnssion. The applicant proposes relocation of a veterinary clinic from its present Lake Elmo Avenue location to the former Harty Insurance building on Stillwater Blvd. Applications for a Conditional Use Permit to locate a veterinary clinic in the GB zone and a Site Plan to modify the parking arrangement on the site have been presented to the City. A previously approved Site Plan (2005) to enlarge and remodel this site has been abandoned by those applicants. For purposes of this agenda we have attached a draft Resolution for approval of the Conditional Use Permit/Site Plan consistent with the Planning Staff Report. We will report the Commission's Findings and recommendation on August 15. Should the Commission recommend denial of the Conditional Use Permit, staff will bring a denial resolution with the Commission's Findings to the Council meeting as well. Person .Msponsible: Action items: Motion to adopt either the attached resolution of approval or an alternative Resolution of Denial for a Conditional Use Permit and Site Plan to locate a veterinary clinic at 11051 Stillwater Blvd. Attachments: 0,�H Time Allocated: 1. Draft Resolution #2006 - Approving CUP/Site Plan 2. Planning Staff Report with Attachments CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-084 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT/SITE PLAN AT 11051 STILLWATER BOULEVARD NORTH TO LOCATE A VETERINARY CLINIC WHEREAS, Dr. John Baillie and Gary Harry have requested a Conditional Use Permit at 11051 Stillwater Boulevard North to locate a Veterinary Clinic in the General Business Zone. WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on August 14, 2006, and reviewed and recommended approval of the Conditional Use Permit/Site Plan for a Veterinary Clinic based on the following fmdings: A Conditional Use Permit for a veterinary clinic in the General Business Zone is allowable per Section 100.07, Subdivision 411le of the Zoning Ordinance. 2. The required general Findings for a Conditional Use Permit specified by Section 300.06, Subdivision 4 of the Zoning Ordinance can be made in the affirmative, subject to several conditions related to the operations of the veterinary clinic. 3. The Section 520 Site Plan for parking and drive modifications to the site generally complies with applicable provisions of the City Code. NOW, THEREFORE, BE IT RESOLVED, by the Lake Elmo City Council hereby approves a Conditional Use Permit/Site Plan at 11051 Stillwater Boulevard North to locate a veterinary clinic, based on the Findings and subject to the following conditions: 1. Barking dog complaints shall be reviewed by the City Council and maybe the basis for revocation of this CUP if such conduct creates a nuisance to adjoining property — as determined by the City Council. 2. Site modifications shall be consistent with the Section 520 Site Plan staff dated August 9, 2006 as may be modified by the conditions of the Site Plan approval resolution. 3. The septic system for the subject property shall be in compliance with City regulations and shall be determined to be in compliance by the Building Official prior to occupancy responsive to this CUP. 4. There shall be no outside kennels or animal runs. 5. All disposals of animal parts and waste shall be in compliance with applicable State, County, and City laws. 6. Specific veterinary practices permitted by this CUP shall be limited to veterinary medicine, surgery, dentistry, and related service for small domestic and non - domestic household pets. 7. The Site Plan shall be modified to convert at least six proposed off-street parking space to "Proof of Parking to be constructed only if directed by the City. All existing parking area located within the Highway 5 right-of-way shall be removed, including any impervious surfacing related to such parking. 8. Compliance with any recommendations of the City Engineer and City Attorney. 9. Upon occupancy of this site as a veterinary clinic the Conditional Use Permit for a veterinary clinic issued to John N. Baillie at 3417 Lake Elmo Avenue (Resolution 97-54) shall expire and become null and void. ADOPTED by the City Council this 15th day of August, 2006. Dean A. Johnson Mayor ATTEST: Martin J. Rafferty, City Administrator BaiRie(Harty All that part of Lot 1, County Auditor's Plat No. 8, Washington County, Minnesota, described as follows: Beginning at the quarter -section corner on the west side of Section 13, Township 29 North, Range 21 West, thence north along the west line of said Section 13, 329.64 feet to a stone monument on the southerly side of the St. Paul and Stillwater Road; thence N55° 16%2'E along the said southerly line of said Road 464.63 feet to the northwest corner of a tract of land conveyed by James S. Collopy and wife to William Albrecht by Warrant Deed dated and acknowledged June 11, 1910, and recorded in the office of the County Recorder in and for said Washington County in Book 76 of Deeds, page 148, to the place of beginning; thence south along the west line of said land 261.6 feet to the southwest comer of said land; thence S72°48' W 225 feet to a point; thence north along a line parallel to the said west line of said Section 13 to a point in the said southerly line of said St. Paul and Stillwater Road; thence N55°16'/z'E along the said southerly line of said road to the place of beginning. LAKE ELMO PLANNING COMMISSION STAFF REPORT Date: August 9, 2006 for the Meeting of August 14, 2005 Alpplicant: Dr. John BailIie and Gary Harty Locations: 11051 Stillwater Blvd. Requested Action: Conditional Use Permit for a Veterinary Clinic and Section 520 Site Plan Land Use Plan Guiding: Commercial Existing Zoning: GB (General Business) Site 11istory and Existing Conditions: The site is 1.1 acres with an existing 2,057 square foot (foot print) structure that was converted from a residence to an office building in 1980 following rezoning by the City from R-I to GB. City records reveal no other actions of significance on the site except a modification of the sign face message for the occupant insurance agency in 2004. In 2005 the City approved a Section 520 Site Plan for the site that proposed demolition of the west portion of the existing building, and subsequent addition of 3,321 square feet to the remaining existing building, and adding 6 off-street parking spaces at the front of the building (Resolution 2005-048, attached). The 2005 applicant, Bahr Management, did not follow through with that project Discussion and Analysis: The applicants propose a Conditional Use Permit to locate a veterinary clinic within the existing one story frame building. The clinic would be relocated from its present premises at 3417 Lake Elmo Avenue at which a Conditional Use Permit for a veterinary clinic was approved by the City Council in 1997 (Resolution 97-54). The applicants also propose a Section 520 Site Plan for limited site improvements (primarily off-street parking). It is the understanding of staff that the use of the subject structure will duplicate that of the existing use at 3417 Lake Elmo Avenue — veterinary clinic only, with no animal boarding. Several of the conditions from Resolution_ 97-54 may still be appropriate should this CUP be otherwise approved. The Section 520 Site Plan addresses only parking/drive modifications proposed for the site. In an effort to attain the 1 parking space per 150 square feet of building area required by the Zoning Ordinance for "clinics" (the closest use to veterinary for which an off-street parking formula is specified) the applicant proposes a total of 14 parking spaces — 8 to 10 more than the site now appears to offer. While the applicants have advised staff that some additional parking is desired at the rear of the building for their staff, City staff questions whether all 14 spaces (and the attendant impervious surfacing) are actually required for this use. We are suggesting that any parking and related asphalt now in the Highway 5 right-of-way be removes, and perhaps 6 of the 10 proposed new parking spaces on west side of the building be instead "Proof of Parking" and not be constructed at this time. In keeping with the basic design themes of the Village Area Concept Plan it would be preferable for the 6 "Proof' parking spaces be those closest to Highway 5, leaving a driveway and "back-to-back" 7 parking spaces toward the rear of the structure. As a parking area of less than 15 spaces, no landscape island requirements are applicable. Findings and Recommendations: 1. A Conditional Use Permit for a veterinary clinic in the General Business Zone is allowable per Section 300.07, Subdivision 4HIe of the Zoning Ordinance. 2. The required general Findings for a Conditional Use Permit specified by Section 300.06, Subdivision 4 of the Zoning Ordinance can be made in the affirmative, subject to several conditions related to the operations of the veterinary clinic. 3. The Section 520 Site Plan for parking and drive modifications to the site generally complies with applicable provisions of the City Code. Staff recommends the Planning Commission recommend approval of the Conditional Use Permit and Site Plan based on the Findings #1 and #2 above subject to the following conditions: 1. Barking dog complaints shall be reviewed by the City Council and may be the basis for revocation of this CUP if such conduct creates a nuisance to adjoining property — as determined by the City Council. 2. Site modifications shall be consistent with the Section 520 Site Plan staff dated August 9, 2006 as may be modified by the conditions of the Site Plan approval resolution. 3. The septic system for the subject pOroperty shall be in compliance with City regulations and shall be determined to be in compliance by the Building Official prior to occupancy responsive to this CUP. 4. There shall be no outside kennels or animal runs. 5. All disposal of animal parts and waste shall be in compliance with applicable State, County, and City laws. 6. Specific veterinary practices permitted by this CUP shall be limited to veterinary medicine, surgery, dentistry, and related service for small domestic and non -domestic household pets. 7. The Site Plan shall be modified to convert at least 6 proposed off-street parking spaces to "Proof of Parking" to be constructed only if directed by the City. All existing parking area located within the Highway 5 right-of-way shall be removed, including any impervious surfacing related to such parking. 8. Compliance with any recommendations of the City Engineer and City Attorney. 9. Upon occupancy of this site as a veterinary clinic the Conditional Use Permit for a veterinary clinic issued to John N. Baillie at 3417 Lake Elmo Avenue (Resolution 97-54) shall expire and become null and void. planning Commission Actions Requested: Motion to recommend approval of a CUP for veterinary services and Section 520 Site Plan for site modifications to Dr. John Baillie/Harty at 11051 Stillwater Blvd. per the Findings and Conditions listed in the Planning Staff Report of August 9, 2006. ✓t-6) l l/ti G E tr Charles E. DUillerud, City Planner Attachments - I. Location Map 2. Resolution 2005-048 3. Section 300.06, Subdivision 4 4. Resolution 97-54 5. Applicants' Documentation and Graphics 7a- rI RAN ® •I i @\ /® J I k I g • iIIN I]IN i \ 4 R9N k l / P I P✓• 128N Y t Y P •`.. ii lyTJ Y }1Ti W l 1 ® P a i I rtzxry mlw mom Y/ lr£/r V� P Y P` Yi @ I P rW P Y c I ® m f d _ e n � ��k k" ✓,• g P 0 926 I 1 � °' g. • p � Scale in Feet Y a 1 Y W e p Y B W Pam( T' k ® I o r•gl'®Ptje PI �� o r Y k o PIaTj @ rK. ® l4meafiBStlemBtla^v^W611m' O I IepolktlN��alYYn6N[Etl2y P �R®rMvmWVYtleCi Al'+^�Ye9us k I m. P...Pewea®aW. +I WP;emmwe�� W Location Map ° j ��o,�. Mme19511PUb1E a � B.mmmnr��namoam�.mo I I I CITY OF LAKE ELMO WASHiNGTON COUNTY, MINNESOTA RESOLUTION NO. ZOOS- 04v A RESOLUTION APPROVING TN_E SECTION 520 SITE PLAN FOR 11051 STILLWATER BOULEVARD RHEEREAS, Bahr Management; has submitted a Section 520 Site Plan for site modifications and a 2,046 square foot addition to 11051 Stillwater Blvd., and WHEREAS, at its March 28, 2005 meeting, the Planning Commission reviewed and recommended approval of this site plan per plans staff dated March 9, 2005 as same on file with the City Administrator, subject to the following conditions: 1. Relocation of the proposed monument sign to a point not less than 15 feet from the south edge of the MnDOT highway easement; or, elimination of the sign from the Site Plan. 2. Confirmation from the applicant that the installed height of the parking lot lighting fixtures be no more than 20 feet above grade — regardless of pole height. 3. Compliance with the requirements of the City Attorney, City Engineer, Valley Branch Watershed District (as found applicable by the City Engineer) and MnDOT. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lake Elmo does hereby approve the Section 520 Site Plan based upon the recommendation of the Planning Commission. ADOPTED, by the Lake Elmo City Council on the 5"' day of April, 2005. Dean Johnston; Mayor ATTEST: Martin Rafferty, City Administrator t.elsc nauv iva�J'. c.a "= Cttapms 3 — zoning Scc:dan 300 - zoning err s=.ff ,3L .._ e i aeeexdes h+�. rr' be Me& IsTth_ _ s_ ^rea94. }1 g akke e-ii^-- ""- 2§FZ-e ` F a_._:_+-_x.._ 4 4- We E? ' J A Sa d. 4 C diiioaaJ Use Ferm_�ss (5ve^ie Use pexmats Sup). ` h. Condiv.onal Use Pemuts may be granted or denied in say district by action of the goverafng body according to the standards for that district. is gxsadng a conditional use pemtdt, the govesiag body shallcans=" the advice and xecommendations of the Plaaving Commission and the effect of the proposed use upon the health., safety, morals, convenience, and gemecal welfiie of occupants of surrounding lands, a fisting and Mdripated traffic coalitions iacudiag parking f=Jides on adjacent strecu and land, the effect on utHfty snd school capacities, the cse,^t on pxoperry values of property in the surrounding area, sad the effect of the proposed use on the Comarsh=siae Plan. If it detstomines that the proposed use wdi not be dettimeatal to the health, safety, coavmmeace, =0121s, or general welfare of the ; comffinnity am Will Cflu6 McHotxS 1ra�kC congestion, nor hazards, norvn"ii seriously det rEdate surrounding property values, and that the use is is harmony with the general F=Fose and latent of this section and the Comprehensive Plan, the CouactEmsy giant the permits. pee its issued is h� i1a ormation on the Me, location, conditions impose commuaity, time Limits, x.-vi.^W dates, and Mich other iaforraa+ioa as may be C. Application fox a conditional use permit shall be filed With the Z tratox. The application shall be accompanied by development puns for th oposed use snowing Bach iafox patina as may he reasonably required by the a' x, inclining but not limited to those thv s Lured below. The plans shun contain information fox the community to det chime whether the proposed dwelo meet al applicable development standards. 1. Site nian dxawa to scale stnf ng p�rc l and westing topography- 2- Location of _a gs and their sae, including square footage. 3UG-10 2/18/97 RESOLUTION No. c77—Jry CITY OF L&KE ELMO t SHINGTON COUNTY, MINNESOTA. 1.0 WHEREAS, Sohn N. Baille ("Permittes") represents that he is the purchaser of and will be the record fee owner of the following described property situated in Washington County, Nunnesota prior to the commencement of the Conditional Use described herein: County Auditor's Plat No. 8, Lot 041, part of Lot 41 being the westerly 135 feet, County Plat No. 8, GEO Code 13-029-21-32-0032 ("Subject Property"). 2.0 WHEREAS, on September 22, 1997, Permittee submitted an application ("Application") to the City of Lake Elmo ("City") for a conditional use permit ("CUP") in order to allow the Subject Property to be used for a veterinary clinic consistent with the City's Zoning Regulations. 3.0 WHEREAS, the Application was reviewed and approved by the City's Planning Commission at a public hearing on October 15, 1997. 4.0 WHEREAS, the Application, the recommendations of the City's Planning Commission, and the recommendations of the City's Staff were reviewed and the Application was approved by the City's Council on October 21, 1997, subject to the conditions specified in the City Planner's Report dated October 21, 1997, and subject to preparation of the appropriate resolution. . 5.0 NOW, THEREFORE, BE IT RESOLVED, that a CUP is hereby issued to Permittee, his successors and assigns, allowing the Subject Property to be used as a veterinary clinic as hereinafter defined subject to the following conditions: A. Barking dog complaints shall be reviewed by the City Council and may be the basis for a rescission of this CUP if such conduct creates a nuisance to adjoining property. B. A solid wood fence shall be constructed along the south and east border of the Subject Property to screen the site from adjacent residential uses. C. Parking area shall be improved and designated with appropriate signage consistent with a site plan approved by the City Planner. D. Any signage for the business use shall be in compliance with the City's sign regulations. An illustration of any proposed signage shall be filed with and approved by the City Planner. E. The septic system for the Subject Property shall be in compliance with the City`s Regulations and sha.l 1 be approved by the City Is Engineer prior to occupancy of the Subject Property. F. No signage shall be located on the south side of the building on the Subject Property. G. There shall be no outside kennels or animal runs. H. All disposal of animal parts shall be in compliance with all appropriate state and local regulations. 6.0 As used herein, "Veterinary Clinic" means and the use of the Subject Property shall be limited to the following: A. Veterinary medicine, surgery, dentistry and related services for small domestic and non -domestic animals and birds. B. Non -domestic animals include mostly pets that are not seen routinely in other veterinary practices, included are both large and small birds, rabbits, ferrets, guinea pigs, rats, hamsters, gerbils, chinchillas, mice, lizards, snakes, turtles, miniature pigs, hedgehogsr fish, miniature goats, and other non -domestic pets. C. Sick animal hospitalization but no boarding services 7.0 Any violation by Permittee, his successors or assigns, of the provisions of this CUP shall be deemed a violation of the Lake Elmo Zoning Regulations entitling the City to the various remedies provided therein including a rescission of this CUP. 8.0 A certified copy of this Resolution shall be filed by the City Administrator with the Washington County Recorder or Registrar of Titles. If the Subject Property is torrens, the Permittee shall provide the City with the owner `s Duplicate Certificate of Title in order to allow the City to file a certified copy of this CUP. 9.0 The invalidity of any condition, limitation, provision, paragraph, sentence or clause in this CUP shall not impair or affect in any manner the validity, or enforceability, of the remainder of the provisions of the CUIP. Approved by the Lake E o city Council on the {S2 day of 1997. Reviewed and Accepte on the 2z�f day of r 1997. b/LE/VET.CUP November 18, 1997 CITY OF LAKE ELMO Vay n, Mayor Mary KuWffiferZVity f�A,dminis-trator Dr. Sohn Ile U July 27, 2006 Subdivision 4, letter A Cedar Pet Clinic has been a member of the Lake Elmo business community and has been a good neighbor; we are pleased and excited about the possibility of moving our business into a new location within the city. We have been members of the Lake Elmo business community and have been good neighbors and business citizens. We made substantial improvements in our building, advertise in the local papers, and support the Washington County Pair. We give free veterinary tours and talks to Girl Scout troops — some thirty over the years — and have provided free care to the first grade classroom pet at Lake Elmo Elementary, as well as volunteering a booth at the school's science fair, and visiting the kindergarden classes to talk about pets and animals. j n \AY 64—) RECEIVED R 3417 Lake Elmo Avenue Lake Elmo, MN 55042 Ph.651-770-3250 July 27, 2006 Regarding siding: Building has wooden siding. Ninety percent of the siding is in a horizontal pattern. Ten percent, about 25' by the front entrance, is in a vertical pattern. We'll replace the vertical -pattern siding with horizontal -pattern to -Hatch the rest of the building. Extraordinary Care forYour Extraordinary Pet. www.cedarpetclinic.com �io Jr- iiR m mmorl-M Take Elmo Agenda Section: Planning, Land Use and Zoning No. 9C City Council August 15, 2006 Agenda Item: Site Plan, Shoreland Variance, and Final Plat — Hudson Blvd. (C&C North America) Background Information for August 15, 2006: These applications were originally scheduled for Council consideration on August 2. The applicant requested in writing that the Council remove these items form the August 2 agenda to permit time for a revised structure OHW setback variance mitigation plan to be reviewed and concurred in by DNR. As of this writing the matter remains unresolved with DNR, but may be by August 15. Therefore, we are placing the applications back on the Council agenda. The complete August 2 agenda packet is attached. The date of "complete application" is July 7. Person responsible: Action items: See attached Staff Memo for the August 2 Council Agenda. CitJP- ere Attachments: Time Allocated: Fake Elmo ( Agenda Section: Planning, Land Use and Zoning � No. 9B City Council August 2, 2006 Section 520 Site Plan and Shoreland Variance — C&C North America Background Information for August 2.2006: On July 24, 2006 the Planning Commission unanimously adopted a recommendation for approval of a Section 520 Site Plan and Shoreland setback variance for construction of a 25,200 square foot office/showroom building on a 2.04 acre parcel of the Eagle Point Business Park. The building owner, C&C North America, is a distributor of Silestone counter tops and flooring. The showroom section of the proposed structure will be to permit purchasers of counter tops and flooring to make selections to be supplied tot heir contractors from samples on display at this facility. The plan specifies that 23% of the total floor area of the proposed building will be showroom, with the balance to be corporate offices for C&C North America. The Planning Commission approval recommendation includes a number of design -related conditions involving parking and stream bank landscape mitigation. Of those, the most significant is the substitution of "proof of parking" for 15 spaces that are excess (over Code minimums), and would have been located in the OHW setback of the Tributary Stream (ditch) to the west of the site. Instead of constructing those spaces, the area will be sodded, and only used for future parking with City approval — which would not be unreasonably withheld. DNR concurs with this strategy as well as with the structure variance and the stream bank mitigation related to proposed grading (rather than very high retaining walls) in the OHW of the stream. The owner's architects have provided revised drawings (staff dated July 27, 2006) that reflect the design -related conditions. As such staff has removed/modified those conditions in the attached Resolution recommended for adoption. An additional step related to this project that is not reviewed by the Commission (per Section 400 of the Code) is the final platting of Eagle Point Business Park Outlot C ( this site) as Lot 1, Block 1, Eagle Point Business Park 6 s Addition. A copy of the proposed Final Plat and the Resolution approving the plat are also attached and recommended for adoption. No Development Agreement is necessary since there will be no public improvements related to this plat. Action items: Motion to adopt Resolution #2006 - approving the Section 520 Site Plan and Shoreland variance for OHW setback of a structure on Outlot C, Eagle Point Business Park as recommended by the Planning Commission and per plans staff dated July 27, 2006. Motion to adopt Resolution #2006 - approving the Final Plat of Eagle Point Business Park e Addition. Attachments: Time Allocated• 1. Resolution #2006 — Approving Variance/Section 520 Site Plan 2. Resolution #2006 — Approving Final Plat I Planning Commission Minutes of July 24, 2006 4. Planning Staff report 5. Documentation and Graphics (Note Dates) CITY OF LAgE ELMO WASHINGTON COUNTY, MINNESO"TA RESOLUTION NO. 2006-085 A RESOLUTION APPROVING THE FINAL PLAT OF EAGLE POINT BUSINESS PARK 61a ADDITION WHEREAS, at its April 4, 2000 meeting, the Lake Elmo City Council reviewed and recommended approval of United Properties application for a Final Plat and Development Agreement of EAGLE POINT BUSINESS PARK. WHEREAS, United Land LLC has made application to replat a parcel within EAGLE POINT BUSINESS PARK, the legal description of said parcel being Outlot C, EAGLE POINT BUSINESS PARK (Torrens Certificate No. 55289). WHEREAS, at its August 2, 2006 meeting, the City Council reviewed the Final Plat of EAGLE POINT BUSINESS PARK 6Ta ADDITION. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City Of Lake Elmo does H herebapprove and accept the Final Plat for EAGLE POINT BUSINESS PARK 6T ADDITION, as the same on file with the City Administrator, based on the following conditions. Compliance with the recommendations of the City Engineer. ADOPTED by the Lake Elmo City Council on the 15th day of August 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator City of Lake Elmo Washington County, Minnesota RESOLUTION NO.2006-086 A RESOLUTION APPROVING THE VARIANCE AND SITE PLAN FOR C & C NORTH AMERICA WHEREAS, the Lake Elmo Planning Commission, at its July 24, 2006 meeting conducted a Public Hearing where they reviewed the Variance Application and Section 520 Site Plan for C & C North America on Outlot C, EAGLE POINT BUSINESS PARK, and recommended approval with conditions. WHEREAS, the Lake Elmo City Council, at its August 2, 2006 meeting reviewed the Variance Application and Section 520 Site Plan for C & C North America on Outlot C, EAGLE POINT BUSINESS PARK, the recommendation of staff and the Planning Commission, and made the following Findings with regard to the Variance Application: 1. The property can not be put to reasonable use without the granting of the variance requested. 2. The variance requested results from a circumstance unique to this property. The brief sharp meander of the tributary stream - which otherwise flows generally straight - adjacent to a portion of the site places an unreasonable burden on the design of the site and placement of structures. 3. Granting of the variance will not change the essential character of the neighborhood. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Lake Elmo does hereby approve the Variance Application and Section 520 Site Plan for C & C North America at Outlot C, EAGLE POINT BUSINESS PARK in accordance with plans staff dated July 19, 2006 and July 27, 2006, subject to the following conditions: Conditions 1. Compliance with the recommendations of the City Engineer and City Attorney — specifically regarding surface water drainage. 2. Compliance with recommendations of the South Washington Watershed District that are found to be reasonable and practical by the City Engineer. 3. City Council approval of the variance for structure setback to the OHW. 4. Elimination of the 15 off-street parking spaces at the west site periphery, and substitution of "Proof of Parking" at that location to be constructed in the future only upon City approval 5. Compliance with the parking landscape island requirements as prescribed by Section 300.13 Subdivision 6B of the City Code. 6. All exterior lighting fixtures (including any "wall pales") shall be of a full cut-off design. The applicant shall submit manufacturer cut sheets for all exterior light fixtures for City Staff confirmation of compliance prior to issuance of any Building Permit 7. Compliance with the landscape plan surety requirements of Section 520, Subdivision 1C of the City Code. 8. Provide a landscape plan for stream bank restoration acceptable to the DNR, ADOPTED, by the Lake Elmo City Council on the 15th day of August, 2006. Dean A. Johnston, MAYOR ATTEST; Martin J. Rafferty, City Administrator RECEIVED August 2, 2006 City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55402 Re: C&C North America Hudson Boulevard Variance Request We respectively request that our site plan and variance request hearing before the Lake Elmo City Council scheduled for 7:00 PM, today, August 2, 2006 be tabled for the next City Council meeting scheduled for Tuesday August 15, 2006. This will allow us additional time to further modify the final landscape plan to better address the concerns raised by Travis Germundson with the DNR. Thank you. Ronald B. Gunderson, CPM C&C Terra Holdings, L.P. 366Jackson Street, Suite 400 -St. Paul, MN 55101 Lake Elmo Planning Co. _ aission Meeting EXCERPT Draft Minutes of July 24, 2006 PUBLIC HEARING: C & C North America, Variance (And a Section 520 Site Plan for C & C North America) The Planner said that the DNR, applicant, and United Properties recently met with the to discuss these issues raised by the DNR and the Planning Staff Report.. DNR would allow grading to take place but a new Landscape Plan will need to be provided for the area of the stream bank disturbed by the grading. Staff suggests that could be proof of parking. Scott Wiestling, Finn Daniels Architects Mr. Wiestling said they will eliminate 15 parking spaces and replace with proof of parking, bring landscape island calculations into compliance, and will comply with other issues. They will be utilizing natural stone from Spain, face brick, and a metal canopy over the entrance. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:26 P.M. Nobody was present in the audience. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:27 P.M. The Planner added that Landscape Plan and revised plan showing proof of parking must be submitted to the City before the Council Meeting of August 2. M/S/P, Ptacek/Roth to recommend approval of a zoning variance to permit structure encroachment into the OHW setback of a Tributary Stream on Outlot C, Eagle Point Business Park per plans staff dated July 19, 2006 based on the following Findings: 1. The property can not be put to reasonable use without the granting of the variance requested. 2. The variance requested results from a circumstance unique to this property. The brief sharp meander of the tributary stream - which otherwise flows generally straight - adjacent to a portion of the site places an unreasonable burden on the design of the site and placement of structures. 3. Granting of the variance will not change the essential character of the neighborhood. Vote: 7:0. M/S/P, Ptacek/Roth to recommend that the City Council not waive or modify the Tributary Stream parking and drive setback standard of 100 feet depicted on plans staff - dated July 19, 2006, and require the 15 parking spaces on said plan along the west site boundary be eliminated. Vote: 7:0. Lake Elmo Planning Co„fission Meeting EXCERPT Draft Minutes of July 24, 2006 M/S/P, Ptacek/Roth Section to approve the Section 520 Site Plan for Outlot C, Eagle Point Business Park per plans staff -dated July 19, 2006, subject to the following conditions: 1. Compliance with the recommendations of the City Engineer and City Attorney — specifically regarding surface water drainage. 2. Compliance with recommendations of the South Washington Watershed District that are found to be reasonable and practical by the City Engineer. 3. City Council approval of the variance for structure setback to the OHW. 4. Elimination of the 15 off-street parking spaces at the west site periphery, and substitution of "Proof of Parking" at that location to be constructed in the future only upon City approval 5. Compliance with the parking landscape island requirements as prescribed by Section 300.13 Subdivision 6B of the City Code. 6. All exterior lighting fixtures (including any "wall paks") shall be of a full cut-off design. The applicant shall submit manufacturer cut sheets for all exterior light fixtures for City Staff confirmation of compliance prior to issuance of any Building Permit. 7. Compliance with the landscape plan surety requirements of Section 520, Subdivision I of the City Code. 8. Provide a landscape plan for stream bank restoration acceptable to the DNR. Vote: 7:0. Chuck Dillerud From: Travis Germundson [Travis.Germundson@dnr.State.mn.usI Sent: Monday, July 24, 2006 4:09 PM To: Chuck Dillerud Cc: Tim Walsh Subject: Re: C & C Terra Holdings proposal in Lake Elmo chuck, Based on our discussions today with C&C North America, review of the September 27, 1999 "Resolution Regarding a Variance to the Shoreland Standards (Impervious Surface ) United Properties -Eagle Point Business Park", and proposed modifications to the existing site plan as follows: > Reduce the number of parking spaces and parking setbacks along the northwest corner of parcel. It was agreed that if at some point in time parking becomes a problem on consistent basis city Staff and the DNR would be open to discus additional parking spaces at that location. > The submitted of a planting plan/landscape plan for the area proposed to be graded beyond the property boundary within the 100' tributary setback. The plan would essential re -vegetate the, slope with a mixture of native grass and trees. I feel that the variance request to the 100' setback from a tributary is reasonable based on the above mentioned items and unique characteristics of the parcel and therefore, no longer recommend denial_ Thank you again for setting up this meeting in order to discuss these issues. Travis Germundson Area Hydrologist DNR Waters 1200 Warner Rd. St, Paul, MN 55106 651-772-7914 2 L,.,tCE ELMO PLANNING COMMISSI„,� STAFF REPORT Date: July 19, 2006 for the Meeting of July 24, 2006 Applicant: Finn Daniels Architects/United Properties Location: South Side Hudson Blvd. across from Health East Requested Action: Section 520 Site Plan and Shoreland Variance Land Use Plan Guiding: Business Park Existing Zoning: BP Business Park), subject to the Eagle Point PUD Plan Site History and Existing Conditions: The Final Plat of Eagle Point Business Park, creating Outlot C was approved by the City Council in 2000. The site of this application is the southeasterly 2.05 acres of the Eagle Point Business Park 120 acre site. The City had previously approved a PUD Plan encompassing the entire 120 acres of the Eagle Point Business Park, including this site. Exhibits to the PUD Plan documentation provide for allowable uses, lot specifications, master signage and related development standards. Where the PUD does not address a particular development standard, the Business Park and other related City Code standards are applicable. A proposed departure from those standards not already addressed by the PUD Plan should be processed as a PUD Plan Amendment. The site is vacant today. City water and sewer services are both available to the site. Discussion and Analysis The applicants propose development of the site consisting of a 22,200 square foot two story structure and related parking. The proposed structure use is 19,230 square feet "office" and 5,969 square feet "Showroom". This application is the first in the Eagle Point Business Park proposing an "Office/Showroom" use. Negotiation of the allowable PUD uses between the Planning Commission/City Council and United Properties focused not only on setbacks, impervious coverage and related quantitative compliance with Business Park zoning but also on uses not addressed by the Zoning Ordinance, including "Office Showroom". Following extended discussions regarding this use concept that addressed "customer traffic" and trucking concerns, the City Council agreed to allow "Office Showroom" as a Permitted Use in the Eagle Point PUD — subject to several specific design parameters: • Not more than 50% of the floor area of any structure may be "unfinished space" — storage or warehouse. • Truck docks limited to one per 10,000 square feet of non -office floor area. • Any truck delivery area must be screened from street view, using landscaping and building layout. • Outside storage and "industrial noises, odors and emissions" are prohibited — not regulated quantitatively, but prohibited entirely. I t was recognized in 1999 taring PUD processing for Eagle Point 1,- .'ss Park) that this would be a difficult site to develop. Not only is the site triangular and features two street frontages (Hudson Blvd. and I-94), it also abuts the intermittently flowing creek that crosses the Eagle Point Business park north to south and exits Lake Elmo under I-94. For reasons that escape the current city planning staff, this water course (which wasn't even named then) was designated a "Tributary Stream" in the circa 1980's City Shoreland Overlay zoning regulations_ As such, additional structure and parking setback standards are applicable for this site. In addition, impervious site coverage is more limited than elsewhere in the Business Park zoning district (as here modified by the PUD Plan). The Shoreland impact on the applicant's site was not discovered by staff until the application materials were looked at carefully in preparation for the July 11 Planning Commission meeting. Upon a finding of a conflict with Shoreland Standards the application was "incomplete" until Sheet C-1 of the applicant's submittal package depicts the relationship between the site and tributary stream. The Shoreland Overlay standards of Section 325 do not specify an Ordinary High Water elevation for any of the 4 designated tributary streams. Where the stream bank is steep (as is the case here) and the "stream" is normally either dry or just a trickle, staff has assumed that the OHW and the center line of the stream to be the same. On that assumption, approximately 50 feet of the 125 foot west wall of the proposed structure is located within the 100 foot tributary stream structure setback. Section 325 Subdivision 6B of the Zoning Ordinance specifies that driveways and parking areas must also comply with OHW setback standards. Applying that standard to the applicant's site plan, it appears that all of the proposed west parking (15 spaces) and a portion of the west drive also encroach into the 100 foot OHW setback. The second sentence of this paragraph would seem, however, to remove parking/drive encroachment into the OHW from the variance process by stating, "If the Council, at its discretion, determines that no alternative exists, the structures may be place within these areas and must be designed to minimize adverse impacts.". Here the word "structures" is clearly meant to mean parking and drives only. The third subject of Shoreland overlay compliance with this proposed Site Plan is that of site impervious surface. The applicant's calculations are that the site is proposed to be 58% impervious. While this is well under the Business Park standard of a 75% maximum, it also well over the Shoreland Overlay District maximum of 6,000 square feet or 15%, whichever is greater. Staff suggests two important considerations apply to this apparent non-compliance matter: • Clearly the impervious standard of Section 325 Subdivision 7Blwas intended to apply to residential development, not commercial. • Although the City was not a direct party, we understand that the matter of impervious surface allowable in the tributary stream Shoreland was negotiated with DNR in 1999 or 2000. The outcome of that negotiation was then an input into the surface water plan for the entire 120 acres of Eagle Point Business Park. That master surface water plan for Eagle Point in turn was designed to maintain (and, in fact, reduce) the rate (gallons -per minute) of water passing under I-94 and in to Woodbury. • The applicant proposes an underground infiltration system to address surface water run-off that would result from the impervious site coverage proposed. The issue of imperviou surface including any prior agreementh, Qu l engineers' calculations and recommendations remains unresolved as this Staff Report is prepared. Meetings on the subject (to include DNR staff) are scheduled for July 24. Staff will report the outcome of those meetings to the Commission on July 24. Staff has also reviewed applicant's plans for compliance with other applicable zoning, PUD Plan and City Code standards, including setbacks, parking, landscaping, exterior materials and exterior lighting. We observe as follows: • The plan proposes off street parking in excess of zoning ordinance minimum requirements — 17 spaces in excess. While this parking proposal does not constitute non-compliance with City standards, it indirectly appears to contribute to the Shoreland OHW parking setback issue noted above, and to issues with impervious site coverage and surface water run-off that may be yet identified. In addition, Lake Elmo has regularly encouraged applicants to initially construct less off street.parking than the zoning ordinance prescribes, substituting landscaped "proof of parking" to be constructed in the future if the City determines it to be necessary. The 15 parking spaces along the west side of the site - • We calculate approximately 1,700 square feet of qualifying parking lot landscape islands. City Code formula based on 100 off-street parking spaces requires 3,000 square feet of qualifying parking lot landscape islands — perimeter landscaping does not qualify. Here again is evidence that the site may be "over -parked". • Assuming "B.I.F.S." is considered the equivalent of stucco, the exterior elevations of the proposed building comply as to materials with the zoning ordinance architectural performance standards, as does the wall signage proposed. This also assumes that the `face brick veneer" is of at least 4 inches depth. No details of the exterior lighting fixtures have been provided to date. The luminaire plan does, however, comply with lighting standards of the City Code on the assumption that the light fixtures (including wall paks, if any) provide 100% horizontal light emission cut off — no exposed light source. Findings and Recommendations: As it does not appear that the parking and drive setback from the OHW are varied by normal variance procedure (rather by Council waiver), the only zoning variance to be addressed is that of the structure setback from the OHW. As noted previously, the proposed structure encroachment into the 100 foot setback would appear over a portion of the building wall — the portion where the creek centerline sharply meanders easterly from the generalized flow approximately 50 feet. Had the creek maintained the predominate direction of flow exhibited south of Hudson Blvd. over this section of approximately 75 feet, there would be no structure OHW setback encroachment. Therefore Staff suggests the following Findings regarding the structure OHW setback variance: 1. The property can not be put to reasonable use without the granting of the variance requested. 2. The variance requested results from a circumstance unique to this property. The brief sharp meander of the tributary stream - which otherwise flows generally straight - adjacent to a portion of the site places an unreasonable burden on the design of the site and placement of structures. 3. Granting of the variance will not change the essential character of the neighborhood. I It appears that the zoning L, dlnance provides for the City Council -,'its discretion, waive or modify the parking and drive OHW setback non-compliance. It is reasonable to assume, however, that the Council will be expecting a recommendation regarding this matter from the Planning Commission. Considering the historic view of Lake Elmo regarding both appearance and impervious surface of off-street parking; the OHW setback encroachment that could be mitigated by eliminating the 15 parking spaces along the west site periphery; and the applicant's site plan non-compliance with parking landscape island standards, it appears in the best interest of the City for the Commission to recommend to the City Council that the OHW parking and drive setback standard of 100 feet not be modified or waived. Instead, an approval recommendation for the site plan should include a condition that the west 17 parking spaces (along the west property line) be eliminated. Planning Commission Actions Requested, Motion to recommend approval of a zoning variance to permit structure encroachment into the OHW setback of a Tributary Stream on Outlot C, Eagle Point Business Park per plans staff dated July 19, 2006 based on the Findings appearing in the Planning Staff Report of July 19, 2006. Motion to recommend the City Council not waive or modify the Tributary Stream parking and drive setback standard of 100 feet depicted on plans staff -dated July 19, 2006, and require the 15 parking spaces on said plan along the west site boundary be eliminated. Motion to approve the Section 520 Site Plan for Outlot C, Eagle Point Business Park per plans staff -dated July 19, 2006, subject to the following conditions: 1. Compliance with the recommendations of the City Engineer and City Attorney — specifically regarding surface water drainage. 2. Compliance with recommendations of the South Washington Watershed District that are found to be reasonable and practical by the City Engineer. 3. City Council approval of the variance for structure setback to the OHW. 4. Elimination of the 15 off-street parking spaces at the west site periphery. 5. Compliance with the parking landscape island requirements as prescribed by Section 300.13 Subdivision 6B of the City Code. 6. All exterior lighting fixtures (including any `wall paks") shall be of a full cut-off design. The applicant shall submit manufacturer cut sheets for all exterior light fixtures for City Staff confirmation of compliance prior to issuance of any Building Permit. 7. Compliance with the landscape plan surety requirements of Section 520, Subdivision 1C of the City Code. \ Charles E. Dillerud, City Planner Attachments: 1. Location Map 2. Applicant's Graphics Kimberly Anez From: Travis Germundson [Travis.Germundson@dm.state.mn.us] Sent: Thursday, July 13, 2006 1:52 PM To: Kimberly Anez Cc: Chuck Dillerud Subject: C & C North America DNR has reviewed the materials on the C&C North America project, located along Hudson Boulevard within the shoreland district of an Unnamed Tributary to Wilmes Lake. in addition to the building setback request, sections of the parking area and stormwater pond would not meet the setback requirement from this tributary, and therefore would require additional variances. To allow grading to occur outside the property boundary is not consistent with your ordinance in particular with Design Criteria for Structures and Vegetation Alteration sections. The city's ordinance specifically states that Intensive vegetation clearing with the shore and bluff impact zones and on steep slopes is not allowed. Steep slopes appear to be present on the adjacent property. The ordinance also states that alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties... Also there are no calculations on Impervious surface coverage for this parcel. It would appear based on the grading plan that almost the entire parcel would be considered impervious. On the basis of the information we have received, we recommend denial of the proposed variance request. I do not see any demonstration of hardship to warrant granting a variance for a structure setback, grading outside the property boundary, and impervious surface coverage. These hardships are solely create by the property owner and are not unique to the site. It would certainly appear that other reasonable and feasible development designs could comply your ordinance requirements on this undeveloped parcel. Thank you for the opportunity to comment on this application. Should you have any questions regarding these comments, please contact me. Travis Germundson Area Hydrologist DNR Waters 1200 Warner Rd. St, Paul, MN 55016 651-772-7914 travis.germundson@dnr.state.mn.su 1 C & C North America, Inc. MEMORANDUM To: Tim From: Jennifer Re: Lake Elmo Variance /Undue Hardship for Lot 1, Block 1, Eagle Point Business Park 6a' Addition Date: July 20, 2006 EXECUTIVE SUMMARY: Based on C & C North America, Inc.'s variance request submitted by Scott Wiestling of Finn Daniels Architects on July 7, 2006, Travis Germundson of DNR Waters recommended that the City of Lake Elmo reject our proposal for a variance based on the following objections: 1. In addition to building setback variance request, the parking area and storm water pond would also require additional variance; 2. Grading outside the property boundary is not consistent w/ the ordinance and alterations of topography must only be allowed if accessory to permitted or conditional uses and do not adversely affect adjacent properties; 3. The entire parcel appears impervious; 4. Does not see evidence of a hardship. It appears that Mr. Germundson was not provided accurate information on items 1 and 3 as our plan does in fact meet the requirements. Item 2 can easily be revised to suit Mr. Germundson's requirements. As to item 4 regarding demonstration of hardship it is obvious that property has unique shape and characteristics, making it extremely difficult for any structures to be built without requiring some sort of variance. Analysis of the above is laid out below. "UNDUE HARDSHIP" It is important to lay out the definition and requirements of "undue hardship" before addressing the reasons for the requested variance. This analysis clearly shows the requirements of undue hardship are clearly met. �.YE.NTANIlve �TE?§.�STONE 4305 \ jL mom 366 Jackson Street, Suite 100 • St. Paul, Minnesota • Ph 281.494.7277 • Fx 281.494.7299 • silestone.com C & C North America, Inc. Pursuant to Minn. Stat. §462.357, subd.5(2), an "undue hardship" is defined in connection to granting a variance as "the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality." A. Reasonable Use: Although it may be possible that the property in question could be put to reasonable use without the granting of a variance, the use being requested is also reasonable and cannot otherwise be done without the variance. Note in Nolan v. City of Eden Prairie 610 N.W. 2d 697 the City Council determined that it "is not that there cannot be any other reasonable use of the property, but a determination of whether this is a reasonable use of the property under the circumstances, and one that would not otherwise be allowed because of the requirement of the code." B. Unique Circumstances: The DNR representative's analysis did not appear to take into consideration the uniqueness of this property. Not only is the property a small, triangular shape it also has a stream that runs along the outer boundaries of the property that jogs back and forth, creating an uneven setback along the entire West end of the property. Given this back and forth setback, and without the granting of a variance, a developer is literally left to either design an inverted building, or shift the entire development East 38 feet so that the entire West portion of the property is not developed. Such shifting would again require a variance so as to abide by the parking requirements. C. Essential Character of the Locality: Let's also keep in mind that this property is zoned "business park" and the City intends to have some sort of business development on this site. In Rowell v. Board ofAdiustment ofthe City of Moorhead 446 N W 2d. 917 in which the City granted a variance that allowed the church to build an addition that went against procedural requirements of the zoning ordinance, but this alone was not enough to deny the variance. Even though the proposed church addition did not comply with the zoning ordinance, the addition would not alter the character of the locality. Not only does the proposed use keep with the Iocality of the City's intended use, I find it highly difficult for any business development to be designed on such a small, unique -shaped site without a variance. The surrounding properties are retail and Class A and B offices or are zoned "business park" which all keep with the proposed use of the property in question. I. PARKING/STORM WATER SETBACKS Lake Elmo Municipal Codes require a 100ft setback from the centerline of the tributary stream. Pursuant to conversations with Chuck, the senior planner at the City, there are no existing codes regarding the parking and storm water setbacks from the tributary stream; the 100ft setback applies to structures only. C & C North America, Inc. Unfortunately our architect, Mr. Wiestling was given only a few hours by the City to submit the variance proposal. Under such short time constraints, Mr. Wiestling prepared a drawing that evidences the propose setback of the building from the tributary stream. The line carries through the parking area a storm water pond, which appears that the same setbacks are required for the parking and storm water, which appears that such setback from the stream for parking and storm water are non-existent. 2. GRADING/AFFECTS TO ADJACENT PROPERTIES Although we found the proposal for grading on the property absolutely reasonable, it is not necessary in the development plan. If the City finds the slopes to be too steep and unreasonable, we have no problem putting up a retaining wall. This is a minor issue and should not be consider for grounds to objecting the variance. Although we are willing to construct the retaining wall, we also would like to work with the DNR and the City to design a more ecologically friendly grading of that slope that would improve the look and erosion control of the slope. 3. IMPERVIOUSNESS It appears that Mr. Germundson was not given accurate, if any, facts regarding the impervious coverage of the property. Based on the drawing, Mr. Germundson assumed that nearly the entire site is impervious. The City of Lake Elmo allows 75% of impervious coverage. The proposed plan is only 58.5% impervious coverage. To evidence this calculation, the parking and cement covers 38,751 SF and the building covers 13,402 SF for a total of 52,153 SF. The land has 89,158 SF; calculated, this gives us 58.5% impervious coverage. This is clearly shown in the plans. CONCLUSION: I have shown that objections 1, 2 and 3 are either inaccurate or can be easily revised to satisfy the City's requirements. The only objection in question, and ironically it not a question for the DNR, is whether the property in question creates a hardship. Given its small, unique shape and an unusually difficult setback line, the hardship is clearly obvious that any business development would be nearly impossible to develop without a variance. z 5&/12 CUR5 4 GUTTER ,A-I.y =,, I V - . rl.O 771 Ist m SIT) t m�� ATE) ME) w.r. mr) B PRMW 15 WALK EJ A A-I,y SULc, WS •� 4 •.\ :� \PROP05E0 I GC\ i wE� PPAsH 61X 1LW110. meo4 I �\C✓ i `y0 pi I `P s , k VAMM SSS OT EEONS. SOT TILE S ALONG �N`u�VPn LESS HERMSE NOTED. i '' " i i _t t• ORE BASED ON RECORD ORAWTNGS AND, WERE 7HE INFOMATOR LS NOT 10 6E RELIED ON RJR SHALL CONTACT J 1 APPROPRIATE UEllTY r z; "G'CAVAEON, 7p RE WEST EXACT MELD LOCATION ERE FOR RELOCATING ALL E aSTING UTILITIES g_ .,AffMFNTS SHOWN ON THE PLANE, ��' R ."ALL (1-800-252-1166), M NOUR6 POOR TO ,TIES TO BE SAVED. SHOUID ANY PORTION OF THE ^57.00 TW ^um'; ? .M,.(� 3� `TE OPERAnpN OF THE CONTRACTOR'S E001PNEN1; OF WA '` : 11 a PROFES TONAL TRNWNG SERNCE TO TRAi E E fL +, ONS RESIRT IN THE BREAI" OF ANY LMBS, i' IATELY AND Nis SHALL BE PROPEPo.Y 9]0.20 TIN§ ,C'm'8 ' NO TREES SHALL BE REMOVED WITHOUT NO oa: y ,.�. TRIMMING SERVICES SMALL BE CONSIDENEU ' om.10 BW ;xE—SPREAD SUFFICIENT TOPSOIL TO PROVIDE A i N 60MOL SNA OR LAPPED DISTURBED AREAS TO BE SOODm OR SEmm, 500 ON ,NLL st ` `S I SHALL NOT VARY BY MORE ELAN OSO FT. S" ! i m r ELEVATION. STREET OR PARDONS ARSA ORE THAN D.05 FT. ABOVE, OR 0.10 FT. BELOW. TOPSOIL SHALL BE GRADED TO VTM "a .. .NECIED OTHERWISE BY THE ENGINEER TOPSOIL \ I ` SPEOPIED THIORNE55. REOMMIENIS OF THE MMNESMA PDI U,, ' 1wv& wut Rip w15CHARGE EUMIHATON SYSTEM (WOES) PcTBAIL .r wuwnWON T —CANT WHH THE OWNETt ERE INSPECTOR REPORTS AND Be R15PONSIBLE 955.S0 j %` • DENC6. Emax P:xmAtwo;u ax'oewWAY FROM BUILDING � / f soE s T wwep, ) CORRECT IF POSING, IN All A 0TEST FOR. AN CORRECTIF ANY. 'BIRD BATH' i vv2od F.F.E.=877.3 / END, aF-w t ;TE$ 'r '. `g NSTALLID PRIOR lD ON THE COMIAENCEAHE TSTIZT =�ITL ALL DISTURBED AREAS E HAYc 'kRON 'COi1[iCR; I� B S'HR LWPPr'D' _. sabj ON ALL 3:1 ' _ p APPROVED EON/N;ENI} TO BE PLACED 51.OPES '\:':CONSTRUCOON (REFER TO DETAJL). MEHl' CONTROL f2 uE a BET91 REDUCED, Sox Sox NECESSARY AND \L BE INSTALLED AT THE BEONMNG OF OF PROEM. 05i00 Tw \`' t, DED AND GREATER THAN 5 FEET IN FI]CHT. END STHRSM AREAS NOT TO BE SODDED. BEST.. .`� AT A RATE W S0 LBS/ACRE SEEOWG M weo wniRw BEVAtpx Fm TORE StONWi (NAIVE WT TALL) IN MMA. VME! _ _0F 62 LBS/ACRE UXCH SHALL CWMy WTIH ___ ILCH STALL BE APPllED IN ACCORISA 1BIH ~ O1B ADRTA ADThhhTi OF 2 APPROVED EONIpNETONS M B�jT, 950 _ — — — _ _ _ F WAY TB DE SOOOED. Ba BTS•+/�y a P U JAL I AFL rvu¢r e 226.006 06/16/06 UECNUOU6 TREE PLPNTIN4 DETAIL SYN90L I ADDS. I SOM I Ott. 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SAW CReEkeB Ry SA MAM Imlm mtl Rwiebnc CITY stm OCR, M 1HTDOS Q RFMOUTT 262 s,IuI nuC LANDSCAPE PLAN DETAILS AND y WINE mr'eN° IsN N B N C � k • U �gm6e c lu E a LL6' C am® hN Q. a2» m£ u pF£o u -eno a EeoC � la ol ® �q tl1 =v zg � m dim sY Cc �d J �0 okn Ho: ofios an ey SAW CJ I.d ar - SAWMAe I-- ontl R.d.i . aw susmmAt p6.192W6 6n_-e nm FLOOR PLANS A-2 FBUIL01PIG 'WALL SIMAGE CALCULAT10� 116 LG. OF 6UIOM 110111AG z ,)5 = 61 $J. (W 4L = NTAL OF Al 111, MWN1E0 SIGHS) J "fir �ANrnT ace VENEER MATERIAL$ CZ ULAi10N — 1 . L .1O I ELFVAiIMJ SE. FT 1 -,] S', ax aar 1/ gE/GI.;iSE = toosE (Tsx) ;TF4E A 6 T E L E VAT I ON .1 -E,.,E "'°'"�-- /W : ,._m. r C 3 c� N58 3T09'E 190 c� E_ �J v W zz Z L=//2. 0.9 p,;,q�•" pn R=/332. 39 Z-4°49'l2" /A ITrL) ^Td T'— I/vI L_I\—, I� I L LC. a Minnesota limited liobilitcompany. owner and it Washington, State of Minnesop to wit:tProprietor o/ the to the plot thereof filed of record in the office of the Registrar of I I I I< Is EAGLE POINT BUSINESS PARK 6TH ADDITION, and dons hereby donate this plot for drainage and utility purposes only. limited liability company, has caused these presents to be signed by 200_. and its = this __ day of 200_ by and its C, o Minnesota limited liability company, on behalf of said company. Notary Public, _ Count , .�i My Commission Expires—.____ LI and platted the property described on this plot os EAGLE POINT �ect representation of the survey; that all distances are correctly shown _--_J monuments have been correctly placed in the ground as shown; that the plat: and that there are no wet kinds as defined in MS 505.02.' in as shown. e en lr�� r Mark S. Hanson, Land Surveyor Minnesota License No. 15480 before me this _ day of _­ 200_ by Mark S. Hanson, Notary. public,County, Minnesota My Commission Expires IN was approved by the City Council of the City of Lake Drop, d hereby certifies compliance with all requirements as set forth in / --- SIGNED: __ Mayor City Administrator s plat has been approved this _ day of 200_. Washington County Surveyor 0 Denotes found. 1/2 inch !ran pipe with BY: plastic cap inscribed RLS 8612, unless --- otherwise noted. —L—A— Donates access corral per Minnesota and payable for the year 200_ have been paid, and transfer has been Department of Transportation Right of Way Plat 82-61. BY: _ too 0 too 200 Woshingfon Cwnty Autlitor Treasure BY: SCALE IN FEET Deputy __ — I inch = 100 feet Orientation of this bearing system is is Office of the Registrar of Titles for record an this ___ day of based on the Washington County ind was duly recorded in Washington County Records. Coordinate system. (NAUSS) BY: ® Washington County Reaislror of Titles ffff d, �Y1HE(��,cRY[� Surveying, �,a ev:_ Deputy Chuck Dillerud From: Travis Germundson [Travis.Germundson@dnr.state.mn.us] Sent: Friday, August 11, 2006 3:12 PM To: Chuck Dillerud Cc: swiestling@finn-daniels.com Subject: Re: C&C North America Chuck, The revised Landscape plan for C & C North America looks good. 2 directed their civil engineer to contact Jay Riggs with Washington Conservation District for assistance in determining an acceptable erosion control system. Travis Germundson DNR Waters 1200 Warner Rd. St. Paul, MN 55106 651-772-7914 >>> ,scott,wiestling" <swiestling@finn-daniels.com> 8/11/2006 10:22 AM Chuck - Attached is an updated Landscape Plan for this project. Our civil engineer has a call into Travis to discuss what type of erosion control system they would like on the slope that is to be re -vegetated. Once they get that answer from Travis, we will re -issue the grading plan (sheet C-1) as well. Scott A. Wiestling Finn Daniels Architects 2145 Ford Parkway, Suite 201 St. Paul, MN 55116 651-690-5525 x13 Fax 651-690-5545 swiestling@finn-daniels.com 1 d= 5� 9;: HU „e gip s" A�£ �� €e€ = g10� • §]§°ge ="� ® ' {^� 9} ¢ � F^ "A ? 89'i E£^'s 131 F.l 0 ® 0 >?sg fl ax_ s g s e Ila 'Rx �gilt III H g$t ji ,.his gg=g @ @ it a e asg!. 4;9" 4wa No a£3P "F£ l'$ @@ 9 8 "6� es € 5s k'-">g F. ""e, g 4 n$ s s"� HHAN H € } e r n geH€ 9 e =s �££ pie s' n 's a s N It a z ads a�" £. as eP z i€ H ` ARM!-. £ o as 8 Rz� H H g9 'a ��-„ aR @�.^, §. 4.'R ♦7 €> n0O�`cOo�'O�ao r € a m ;§ V H �n f�A �SR�Zga g£5:i= 2 .— e elf \ >iwfl,1 ` eF � o ow, e s ° s :. C 8. C North America °�"J�.�.,°.°..�..��.�� HH0. PROPOSED OFFICEISHOWROOM ""' R®( v �R Inn LLalllelS A a C H 1 T E C T S Asm m ..... a�urma r+n.+y. sYmzm cs g xUOSON BLNE w.ma.v®�...:. z $ a p $ o ELMOa MINNESOTA "u m"mw °iA® �A LaLe Elmo Agenda Section: Planning, Land Use and Zoning No. 9D City Council August 15, 2006 Agenda Item: Comprehensive Plan Amendment/Rezoning — City of Lake Elmo (as applicant) Background Information for August 15, 2006: On July 18 a representative of the Apostolic Bible Church — owner of the site proposed by the City for Plan Amendment and rezoning — appeared before the Council and requested the matter be tabled until the August 15 Council meeting — which the Council agreed to do. The City has received an August 10 letter from Apostolic Bible Church again requesting the matter be tabled — this time to the September 5 Council meeting. We have attached both the property owner's August 10 letter and the complete agenda packet from the July 18 meeting. Person responsible: Action items: Either table the this item to the September 5 Council meeting, or C' er procede on the item per the attached August 2 agenda memo. Attachments Time Allocated: 1. Applicant's August 10, 2006 letter 2. Complete August 2, 2006 Agenda Packet APOSTOLIC BIBLE CHURCH FOUNDED JULY 5, 1915 1545DieterSUtex SahAPauLMimesota55106.1400-651=774-1111 MICHAELE1RIEM Pastor August 10, 2006 Dear Mayor Johnston and City Council of Lake Elmo, We are writing to request that the City Council of Lake Elmo delay any action concerning the Apostolic Bible Church property until the September 5, 2006 council meeting, at which time members of our organization will be prepared to make a presentation- Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9B .Caty Council July 18, 2006 Agenda Item: Comprehensive Plan Amendment and Rezoning — Apostolic Bible Church Site Back.2round Information for fuly 18. 2006: On July 10 the Planning Commission conducted the required Public Hearing and unanimously recommended approval of a City Council -initiated action to amend the Comprehensive Plan classification of this site from PF to RAD; and to rezone the site from PF to RR. The property owner (Apostolic Bible Church) was mailed a copy of the Hearing Notice at an address provided by the Washington County GIS, but did not respond or attend the Hearing. The property owner was again notified of this pending action by mail with a copy of this Memo to the City Council. Action Items: Person regbonsible. CiiP �.Pl er Motion to adopt Resolution 02006 — Approving a Comprehensive *- Plan Amendment, subject to Metropolitan Council concurrence. If the Resolution is Adopted Motion to adopt Ordinance #97 — amending the Lake Ehno Zoning Map for conformance with Resolution #2006 - . Said ordinance not to be published until receipt of Metropolitan Council concurrence with the Plan amendment Resolution. Attachments: low Time Allocated: 1. Draft Resolution #200Approving Comp Plan Amendment 2. Draft Ordinance #97 — pproving Rezoning 3. Draft Planning Commission Minutes of July 10, 2006 4. Planning Staff Report Comprehensive Plan Amendment — Apostolic Bible Church Site: PF to RAD City of Lake Elmo Washington County, Minnesota Resolution No. 2006-071 A RESOLUTION GRANTING A COMPREHENSIVE PLAN AMENDMENT GUIDING LAND USE FROM PF TO RAD TO THE CITY OF LAKE ELMO WHEREAS, the City of Lake Elmo has made application for a Comprehensive Plan Amendment, amending the land use guiding from PF to RAD for the following parcel of land; to wit: Legal Description That part of the Southeast Quarter of the Southeast Quarter of Section 28, Township 29, Range 21, Washington County, Minnesota, described as follows: Commencing at the southwest comer of the Southeast Quarter of said Section 28; thence on an assumed bearing of North 88 degrees 53 minutes 28 seconds East, along the south line of said Southeast Quarter, 1770.00 feet to the point of beginning; thence North 01 degrees 06 minutes 32 seconds West 245.00 feet; thence northeasterly, along a tangential curve, concave to the southeast, having a radius of 241.75 feet and a central angle of 40 degrees 00 minutes 00 seconds, 168.77 feet; thence North 38 degrees 53 minutes 28 seconds East, tangent to the last curve, 125.60 feet; thence northerly along a tangential curve, concave to the Northwest, having a radius of 254.72 feet and a central angle of 39 degrees 40 minutes 47 seconds, 176.41 feet; thence North 00 degrees 47 minutes 19 seconds West, tangent to the last curve, 74.17 feet; thence northeasterly along a tangential curve, concave to the southeast, having a radius of 60.00 feet and a central angle of 39 degrees 11 minutes 42 seconds, 41.04 feet to a point of reverse curve; thence northeasterly, northerly and westerly along said reverse curve, concave to the southwest, having a radius of 60.00 feet and a central angle of 162 degrees 33 minutes 43 seconds, 170.24 feet; thence North 00 degrees 47 minutes 19 seconds West, not tangent to last curve, 257.85 feet; thence South 88 degrees 47 minutes 13 seconds West, parallel with the north line of said Southeast Quarter of the Southeast Quarter 591.91 feet to the west line of said Southeast Quarter of the Southeast Quarter; thence southerly along the west line of said Southeast Quarter of the Southeast Quarter 1116.18 feet to the southwest comer of said Southeast Quarter of the Southeast Quarter; thence easterly along the South line of said Southeast Quarter of the Southeast Quarter 464.71 feet to the point of beginning. Excepting the south 33.00 feet of said Southeast Quarter of the Southeast Quarter. Note: The above -described Parcel contains 14.352 Acres, more or less. WHEREAS, the Lake Elmo Planning Commission considered this Comprehensive Plan Amendment request at its July 10, 2006 meeting, and recommended that the Comprehensive Plan Amendment be granted. WHEREAS, the Comprehensive Plan Amendment request was presented to the City Council at its July 18, 2006 City Council Meeting where the following Findings were made: 1. The subject site is an `island' of PF surrounded by RAD land use guiding which is essentially `spat -guiding' with no factual basis to support the existing PF classification, and RAD land use guiding continues to surround the site on three sides. 2. The record of the 1989 City action to reclassify the site from RAD to PF fails to provide Findings to support that reclassification beyond the interests of the property owner leading to the conclusion that an error may have resulted by the action. 3. There has been no evidence that the property owner intends to execute development of the site as a church during the past 7+ years. Conditions appear to have changed from those existing at the time of the 1989 Comprehensive Plan Amendment classifying the site as PF. The property owner has been officially notified of this pending amendment, and has not responded. NOW, THEREFORE, BE IT RESOLVED that the land use designation on the Lake Elmo Comprehensive Plan for the foregoing described property is hereby amended from PF to RAD subject to review and concurrence by the Metropolitan Council. ADOPTED by the Lake Elmo City Council this 19th day of July, 2006. Dean A. Jobnston, Mayor ATTEST: Martin Rafferty, City Administrator ORDINANCE 97-176 CITY OF LAKE ELMO WASFIINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING THE 1979 MUNICIPAL CODE OF LAKE ELMO The City Council of the City of Lake Elmo ordains: Section 1. Amendment Section 301 070C of the 1979 Municipal Code of Lake Elmo adopted October 16. 1979. It is hereby amended to the change the zoning district map by rezoning the following described parcel from Public Facility to Rural Residential, to wit: That part of the Southeast Quarter of the Southeast Quarter of Section 28, Township 29, Range 21, Washington County, Minnesota, described as follows: Commencing at the.southwest corner of the Southeast Quarter of said Section 28; thence on an assumed bearing of North 88 degrees 53 minutes 28 seconds East, along the south line of said Southeast Quarter, 1770.00 feet to the point of beginning; thence North 01 degrees 06 minutes 32 seconds West 245.00 feet; thence northeasterly, along a tangential curve, concave to the southeast, having a radius of 241.75 feet and a central angle of 40 degrees 00 minutes 00 seconds, 169.77 feet; thence North 38 degrees 53 minutes 28 seconds East, tangent to the last curve, 125.60 feet; thence northerly along a tangential curve, concave to the Northwest, having a radius of 254.72 feet and a central angle of 39 degrees 40 minutes 47 seconds, 176.41 feet; thence North 00 degrees 47 minutes 19 seconds West, tangent to the last curve, 74.17 feet; thence northeasterly along a tangential curve, concave to the southeast, having a radius of 60.00 feet and a central angle of 39 degrees 11 minutes 42 seconds, 41.04 feet to a point of reverse curve; thence northeasterly, northerly and westerly along said reverse curve, concave to the southwest, having a radius of 60.00 feet and a central angle of 162 degrees 33 minutes 43 seconds, 170.24 feet; thence North 00 degrees 47 minutes 19 seconds West, not tangent to last curve, 257.85 feet; thence South 88 degrees 47 minutes 13 seconds West, parallel with the north line of said Southeast Quarter of the Southeast Quarter 591.91 feet to the west line of said Southeast Quarter of the Southeast Quarter; thence southerly along the west line of said Southeast Quarter of the Southeast Quarter 1116.18 feet to the southwest corner of said Southeast Quarter of the Southeast Quarter; thence easterly along the South line of said Southeast Quarter of the Southeast Quarter 464.71 feet to the point of beginning. Excepting the south 33.00 feet of said Southeast Quarter of the Southeast Quarter. Note: The above -described Parcel contains 14.352 Acres, more or less. Section 2. Effective Date. This ordinance shall become effective upon its passage and publication. Adopted by the City Council of the City of Lake Elmo this I Sth day of July, 2006. Dean A. Johnston, Mayor Martin. Rafferty, City Administrator PUBLIC HEARING: Comprehensive ' y Plan Amendment - d DRAFT and Rezoning for the Apostolic Church Site The Planner said the City Council initiated this petition to reclassify and rezone this 13 acre portion of a parcel on the north side of l0a' Street from PF to RAI) (Comp Plan) ; and PF to RR (zoning). He reported that no church construction has taken place over 17 years, nor has there been any indication from the owner that church construction is contemplated in the near future.. THE CHAIRNLkN CLOSED THE PUBLIC HEARING AT 8:19 P.M. M/S/P, Ptacek/Deziel To recommend amending the Comprehensive PIan to reclassify the site owned by Apostolic Church from PF to RAD. Vote: 6:0. M/S/P, Ptacek/Van Zandt To recommend the Apostolic Bible Church site to be rezoned from PF to RR on the condition that the Comprehensive Plan amendment to reclassify the site to RAD is approved Vote: 6:0 DRAFT DRAFT LAKE ELMO PLANNING COMMISSION STAFF REPORT Date: July 7, 2006 for the Meeting of July 10, 2006 Applicant: City of Lake Elmo by It's City Council Location: 8890 10a' Street North Requested Action: Comprehensive Plan Amendment and Rezoning Land Use Plan Guiding: PF Existing Zoning: PF Site History and Existing Conditions: City records regarding this 38 acre (overall) site date back to 1988. The site owner (Apostolic Bible Church) applied to the City to rezone the entire 38 acres from RR (Rural Residential) to PF (Public/Semi-Public Facilities) with the specific intent to build a church. There were also indications that the applicant may include a seminary facility on the site. No application or discussion of a corresponding Comprehensive Plan amendment appears in the 1988/1989 records of this proceeding, except reference to a clause in the City Zoning Ordinance (that remains to this day as 301.060 E.8) stating that a rezoning action automatically amends the Comprehensive Plan to conform with the zoning. While that may have been the understanding of the City at that time (Comp Plan responds to zoning), Minnesota court decisions (and Statute amendments) that may have taken place subsequent to 1988/1989 clearly prescribe that zoning must respond to the Comp Plan. Hence (at least today) there can be no rezoning that is inconsistent with the Land Use Plan. Today, the Plan must be amended first. Following initial review, Public Hearing and discussion at the Planning Commission level the applicant amended the rezoning application to reduce the area of the requested action to the westerly 13 + acres (net of road right-of-way) of the 38+ acre site. Although the Planning Commission recommended denial of the application, the City Council did eventually approve it and a related land division. That land division is not, however, of record with Washington County. In 1991 the property owner (Apostolic Church) was asked by the City if they intended to proceed with the church project to which they responded in the affirmative, but that construction would not start until at least 1994. This inquiry by the City was initiated responsive to a suggestion that the land be rezoned back to RR since no church construction had taken place. In 1998 the church advised the City that it planned to move forward with church construction during 1998. This may have been responsive to concurrent work by the City to amend the PF zoning district standards in a manner that was viewed by this church (and others) as constraining. Those PF amendments were eventually adopted by the City. There has been no contact of the City by the church regarding building plans since at least 2000. Discussion and Analysis: The City Council has recently directed Staff to process a City Council -initiated Comprehensive Plan amendment for the subject 13+ acres to reclassify the Plan land use from PF to RAD — consistent with the surrounding lands. The Council also initiated a complimentary rezoning process for the site to reclassify zoning from PF to RR — again consistent with surrounding properties. The property owner (and property owners within 350 feet of the site) have been notified of the proposed actions. Comprehensive Plan amendments are generally based on one or both of the following. 1. A change of conditions regarding the subject site, or the surrounding area. 2. An error in the existing Plan classification. Staff review of the substantial records regarding the 1988/1989 proceedings that lead to the rezoning of this site from RR to PF reveal (as noted above) that there was no discussion of the Comprehensive Plan amendment except the reference to the "zoning equals Plan" clause of the Zoning Ordinance. No findings regarding either change of conditions or error supported that Plan amendment — rather, a basic determination of whether it was the "right" or "wrong" action by the City based on a substantially different understanding of the importance of comprehensive plans that cities are required by Statute to adopt in 2006. Staff concedes the advantages of 20/20 hindsight as we address the land use guiding and zoning of this site today — 17 years after the action. There were no specific findings (reflected in Minutes) in support of the 1989 action to assist in determining the reasons for the actions — beyond the applicant's ownership of the site — no error claimed, nor any change of conditions claimed (other than site ownership). Today, that alone could easily be construed as an error in the 1989 action, and the basis to return the site to RAD land use classification and RR zoning that the site held prior to the 1989 action to rezone (and automatically reclassify in the Comp Plan). As the City has witnessed during the recent consideration of the Lakewood Church Comp Plan Amendment and rezoning applications, PF land use guiding and zoning tends to be a special case that is not easily addressed by planning theory or practice. Predeterming the need for and geographic placement of the PF-type uses as Comprehensive Plans are prepared is seldom accomplished, except in the case of large PUD projects (often hundreds of acres). in those cases the project atone may suggest PF needs (such as schools) and even church sites by mere project scale. Beyond that, PF land use decisions (other than accommodating existing PF uses) becomes an ad hoc practice based as much on judgment by planners and policy makers as on factual circumstances. Findings and Recommendations: Staff suggests the following Findings be considered regarding the City Council initiated application for amendment of the Comprehensive Plan to reclassify this site from PF to RAD: 1. The subject site is a 13 acre "island" of PF surrounded by RAD land use guiding — essentially "spot guiding" with no factual basis to support the existing PF classification, and RAD land use guiding continues to surround the site on 3 sides. 2. The record of the 1989 City action to reclassify the site from RAD to PF fails to provide Findings to support that reclassification beyond the interests of the property owner leading to the conclusion that an error may have resulted by the action. 3. There has been no evidence that the property owner intends to execute development of the site as a church during the past 7+ years. Conditions appear to have changed from those existing at the time of the 1989 Comprehensive Plan amendment classifying the site as PF. The property owner has been officially notified of this pending amendment, and has not responded. Based on the foregoing, staff recommends the Comprehensive Plan be amended for this site to reclassify the site in the Land Use Plan from PF to RAD, subject to the Metropolitan Council concurrence mandated by State Statute. Staff further recommends that the subject site be rezoned form PF to RR on the condition that the recommended Comprehensive Plan amendment is adopted by the City Council and concurred in by the Metropolitan Council. Planning Commission Actions Requested: Motion to recommend the Comprehensive Plan be amended for the site lmown as the Apostolic Bible Church site to reclassify the site in the Land Use Plan from PF to RAD, subject to the Metropolitan Council concurrence mandated by State Statute. Motion to recommend that the subject site be rezoned form PF to RR on the condition that the recommended Comprehensive Plan amendment is adopted by the City Council and concurred in by the Metropolitan Council. Charles E. Dillerud, City Planner Attachments: 1. Location Map =vl H MS �13}IJ 13t y3tw TfON 1NYS voud� raw ��,n�—nsx :BN TTSN R"1W H11G H3NV Vicinity Map 0 806 Scale in Fast TY Bulllp k b �ml! 01 a wMtim aA �fd VAMUN®tlq WMegbnONloflm. imWMgeNhlnWb�Wmv rtae�4Ybq kml (am: W Wk�tbmll `+n^PM1OFn Wan�ffii)�6 Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9E CRY Council August 15, 2006 Agenda Item: Zoning Ordinance Interpretation — Non -Conforming AG Accessory Buildings Background Information for August 15.2006: On July 18 the City Council removed this item from the agenda on the advice of the City Planner and City Attorney that this matter may be related to on -going litigation. Subsequently Staff has determined that the requested interpretation involves accessory buildings in a different zoning district than that of the litigation site, therefore this interpretation would have no relation to the present litigation referred to on July 18. On August 2 the Council directed this matter be placed on the August 15 agenda. The original agenda packet from July 15 is attached. Person r nsible: Action items: C'ty #ner See the July 18 Agenda Cover Memo Attachments: Time Allocated: 1. Complete July 18 Agenda Packet Lake Elmo Agenda Section: Planning, Land Use and Zoning- No. City Council 9F Juali 5, 2006 in y 18, 2006 Agenda Item; Zoning Ordinance Text Interpretation — Accessory Buildings Background Information for July 5. 2006 Staff has recently discovered what appears to be a wording problem within the table of the Zoning Ordinance that pmscribes the number and allowable area of accessory structures in the various zoning districts. The nature of the possible problem is fully described by the attached June 22 Memo by Staff to the Planning Commission — essentially involving whether certain area standards where multiple buildings are other wise permitted are intended to be aggregated or individual, as well as the possible logic (or illogic) in the manner the standards are now written. On June 26 the Planning Commission considered the questions raised by staff in this regard at length. The Commission's conclusion (and resulting recommendation to the Council) is that the term "combined" is used where the ordinance describes multiple buildings in the RI, RED, and OP section of the table. If the intent of the drafters had been to aggregate the stated allowable area then the term "combined" would have been used along with the terms "total area" in the text of the "Agricultural (Non -conforming)" of the subject table. The Commission did consider recommending a formal amendment to that end, but concluded that a simple interpretation direction should suffice pending completion of the new zoning ordinance — where additional modifications to Accessory Building standards are likely as well. Person responsible: Action items: ci Pp� r Motion directing staff regarding the interpretation of the terms "total area" contained within the "Agricultural — Non -conforming" paragraph of the table in Section 300.07 Subd. 4.B.2.b. of the City Code. Attachments: Draft City Council Minutes of July 5, 2006 �umeAllocated: 1. Draft Planning Commission Minutes of June 26, 2006 2. Planning Staff Memo and Attachment of June 22, 2006 Avenue, and 45a` Street; 3) AG Preserve and Green Acres clarification; 4) specific repairs eded on 45t Street and Julep Avenue? Ci Engmeer Prow informed Council the streets are 20 years old, and mainten ce is reco ended. Making the driving lanes narrower — as proposed by the prof t — will help slow down traffic some. M/S/P Johnsto Smith —to return to the July 18, 2006, Council mee ' g for further discussion of Res izon No. 2006-064, ordering improvement fo 006 MSA Resurfacing on 45a eet, Julep Avenue, and 47a' Street. (M on passed 4-0) C. Easement for North'k Watermain: City Engineer Prew inform the Council that they are/aiting for appraisals oD FT easements. `` D. A rove Plans for Eagle PoN Boulevard Resolution No. 2006-064: City Engineer Prew recommended Yar esolution No. 2006-064, approving Plans and Specifications for Eagle Point Bouth of Hudson Blvd. M/S/PJohnson/Smith—to approve Ro. 2006-064, approving Plans and Specifications for Eagle Point Boulevon passed 4-0) F. Water Tower Pro ect: Verbal Update The City Planner informed Coun that CB & I Co ctors, Inc. informed the City about the water tower being o f-specification/out-of-t ranee by 4 inches. CB & I is osed a remedy and s ution. a Engineer reco nded hiring an independent natio nsultant, Tank rf try Consultants, to valuate the proposals for correction of the deviation. All costs will be covered by C & I, Inc., including TKDA. M/S/P DeLapp/J on — to authorize City Engineer Prew to pursue a contract with Tank Industry Consultants in an estimated amount of $13,000.00, and recover costs by charging CB & I. (Motion passed 4-0) 9. PLANNING, LAND USE & ZONING: A. Zoning Ordinance Text Interpretation — Accessory Buildings: The City Planner reported that Staff discovered what appeared to be a wording problem within the table of the Zoning Ordinance that prescribes the number and allowable area of accessory structures in the AG zoning district. The City Planner and the Planning Commission's recommendation to the Council is that the term "combined" is used where the ordinance described multiple buildings in the Rl, RED and OP section of the table; and, therefore, the lack of that term in the AG district text implied that the stated maximum building area is applicable to each of the two accessory buildings allowed. M/S/P Johnston/Smith — to reschedule consideration until the July 19, 2006, City Council meeting. (Motion passed 4-0) LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006 Excerpt from .funs 26, 2€ 06 Planning Commission DRAFT Minutes Zoning Text Interpretation — Accessory Structures MIS/P Lyzenga/Van Zandt to recommend that staff should have the liberty to interpret the passage in the section of code relating to Maximum Number and Size of Accessory Buildings in the Agricultural Zone as relating to individual buildings based on the absence of the word, "Combined." Armstrong prefers more liberal interpretation. Vote: 6:2, Nay: Schneider, Abstain: Deziel cannot support it because it is not correct, it fails to be consistent, yet he can't go against it because it indicates proper use of the property. buildings so long as the parcel is a nominal forty (40) acres, or more and buildings are agricultural buildings as d uaed m300,13 3ubd 3 (A) (5) A�,siouttuial. (Nob-cofi arming) i3t: to ten (10).aeres I Two buildszaswith a total arts not to exceed one th�i a 0 two uy w cv rxva�a �c�vuututa/ W� cvvv autiF'.c id..L w-Lati -U ouuk .ag m aO.Q wn at an attaCl}ed garage. 10 Acres to 15 Acres I One 2500.square feet detacnrd building in addition to an attached garage. 15 Acres to 2D Acres One 3000 square feet detached building in addition to an �,tJUU square Teei iD I Acre A COmOMM ILVU Square tea total for both attached ail( detached accessory structures or residendal garage; the size ofthe footmint of the derached structure shall not 'or* geed fze sisw the fontpriutt of Size primary stnzchnz Over 1 Acre to 2 Acres One 1200 satin a fit d-tacked resid-r¢ie1 garage ar buildiag in addition to an attached garage. Overt Acres Osie I300 same feet detached residbatiai garage or building in addition to an attached garage. Section 2. Amendment: The following Section of the Lake Elmo iYhuaicmai Code is hereby repealed. 300.07 Subd. 4. E. 2. b. Section 3. Effective Data: The ordinance shall become effective upon its passage and publication according to law. t Lee Hunt, Mayor AdoptCd by tba Lair FI. w City CouncE on the 17* day dNov=bcx, I-M. Attest. Mary Kuefner, City Adminisuator,u� a Published inthe Stillwater Qazaue. 2999 Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9F City Council August 15, 2006 Agenda Item: Lateral Water Main Charge Ordinance/Ordinance Establishing Lateral Water Charges Background Information for August 15, 2006: Staff has revisited Chapter 600 of the City Code to "clean up" Code language regarding the distinction between WAC (trunk) water charges and Lateral (frontage) water charges/assessments. As 600.06 currently reads, the trunk and lateral distinction is unclear, rendering Chapter 600.06 internally contradictory and confusing. A draft Ordinance is attached that cleans up the Chapter 600 language. A second ordinance is attached that establishes the water lateral charge per service connection for the Interconnect I (39t' to Tapestry) and Interconnect lI (Tapestry to Jamaca Public Works) projects. These will be the lateral charges payable for each service connection to City water along those routes at such time as a property owner desires connection to City water. The property owner will also pay a WAC (trunk) charge, currently $3,500 per connection, or SAC unit (for non-residential property). Both the lateral charge and the WAC charge will escalate periodically reflecting the City's project financing costs. Person responsible: Action items: 1­1 C i j a-'Iner Motion to adopt Ordinance #97- amending Chapter 600 of �h City City Code regarding charges for connection to City water. Motion to adopt Ordinance #97- establishing lateral charges for City Water Interconnect Projects I and H. Attachments: v-) � Time Allocated: 1. Draft Ordinance #97 - Amendments 2. Draft Ordinance #97 - Establishing Lateral Charges V-1.1 a '4 7 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA ORDINANCE NO.97-176 A SPECIAL ORDINANCE ESTABLISHING LATERAL WATER MAIN CHARGES The Lake Elmo City Council hereby ordains that the following connection charges are approved: (1) The lateral water main charge for City Water System Interconnect Project Phase I shall be $4,512.00 per lot, if such charges are paid in calendar year 2006. (2) The lateral water main charge for City Water System Interconnect Project Phase II shall be $5,718.00 per lot, if such charges are paid in calendar year 2006. If the charges for these projects are paid after 2006, the actual charge will be adjusted for inflation. Computations for the above charges are contained on the Lateral benefit worksheets for the City Water System Interconnect Project for each phase which is on file at the City of Lake Elmo administrative offices and which is incorporated herein. ADOPTION DATE: Passed by the Lake Elmo City Council on the 15th day of August, 2006. EFFECTIVE DATE: This Ordinance shall be effective the day following its publication. Dated: 2006 Dean Johnston, Mayor ATTEST: Marty Rafferty, City Administrator PUBLICATION DATE: Published on the _ day of 2006. FAusers\Janice\Jerry\LE\Trunk and Laterat Water Main Charges Ordinance.do CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA ORDINANCE NO. 97-177 AN ORDINANCE RELATING TO TRUNK WATER FACILITY AND LATERAL WATER MAIN CHARGES The Lake Elmo City Council hereby ordains that Sections 600.05 and 600.06 of the Municipal Code of the City of Lake Elmo are amended to read as follows; and that Section 600.03 of the Municipal Code of the City of Lake Elmo is repealed: 600.05 Plumbing Permits. A permit must be obtained to connect to the water system. The fee for each permit shall be as set forth by City Council Ordinance. No permit shall be issued except to a licensed plumber. All costs to connect to an existing water main shall be paid for by the property owner. If for any reason the contractor laying the service pipe shall fail to have the connection made at the time specified in the contractor's application, notice must be given to the City Building Official affixing another day on which the contractor wishes to make the connection. The notice must be given at least two (2) business days prior to the excavating for laying the service pipe and the connection must be made before 3:00 p.m., except in special cases, and then the work must be done only upon a written order from the City Building Official. 600.06 Trunk Water Main Facilities and Lateral Water Main Connection Charges. A connection charge, as determined by City Council Ordinance, shall be paid at the time of making the application for water service. Before the connection permit is issued, the City Administrator shall make the following determination: (1) A lot or tract of land to be serviced by the connection has been assessed for the cost of constructing the trunk water main facilities and lateral water main system with which the connection is made, or (2) If no assessment has been levied for the construction cost of the trunk water main facility and lateral water main, the proceedings for levying the assessments have been or will be commenced in due course; or (3) If no assessment has been levied, and no assessment proceedings will be completed in due course, a sum equal to the portion of the cost of constructing the trunk water main facility and lateral water main has been paid as a connection charge to the City. The Lake Elmo City Council hereby ordains that Section 600.03 is repealed. ADOPTION DATE: Passed by the Lake Elmo City Council on the 15th day of August, 2006. EFFECTIVE DATE: This Ordinance shalt be effective the day following its publication. Dated: , 2006 Dean Johnston, Mayor ATTEST: Marty Rafferty, City Administrator PUBLICATION DATE: Published on the day of 2006 FAusersUaniceVerry\LE\Trunk, Waternnain and Lateral Water Main Charges Ordinance.doc 2