HomeMy WebLinkAboutAugust 2, 2006 CCPMayor:
Dean Johnston
Council members:
Rita Conlin
Steve DeLapp
Liz Johnson
Anne Smith
Lake Elmo City Council
Wednesday,
AUGUST 2, 2006
(The regular scheduled Council meeting would
have fallen on National
3800 Laverne Avenue No.
Lake Elmo, MN 55042
777-5510 777-9615(fax)
Please read: Since the City Council does not have time to discuss every point presented, it may appear that
decisions are preconceived. However, staff provides background information to the City
Council on each agenda item in advance; and decisions are based on this information and
experience. In addition, some items may have been discussed at previous council meetings.
If you are aware of information that has not been discussed, please fill out a "Request to
Appear Before the City Council form; or, if you came late, raise your hand to be recognized.
Comments that are pertinent are appreciated. Items may be continued to a future meeting if
additional time is needed before a decision can be made.
Agenda
City Council Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes:
July 18, 2006
3. PUBLIC INQUIRIES/INFORMATIONAL:
Public Inquiries/informational is an opportunity for citizens to bring the
Council's attention any items not currently on the agenda. In addressing the
A. PUBLIC INFORMATIONAL:
Council, please state your name and address for the record, and a brief summary
of the specific item being addressed to the Council. To allow adequate time for
B. Public Inquiries
each person wishing to address the Council, we ask that individuals limit their
comments to three (3) minutes. Written documents may be distributed to the
(1) EBI Drilling and Parks Construction
Council prior to the meeting or as bench copies, to allow a more timely
— Directional Boring Extra Costs
presentation.
4. CONSENT AGENDA
Those items listed under the Consent calendar are considered to be routine by
the City Council and will be enacted by one motion under a Consent Calendar
A. Resolution No. 2006-073:Approving
format. There will be no separate discussion of these items unless a Council
Claims
member so requests, in which event, the item will be removed from the general
order of business and considered separately in its normal sequence on the
B. Request from Meehan Family for an
agenda
Extension of Time to Record Final Plat
C. Election Judges for Primary and
General Election; Resolution No. 2006-074
D. Roadside Landscaping Partnership
Program, Resolution No. 2006-075
E. 2006 MSA Resurfacing:Approve Plans
and Specs and Authorize for Bids — Resolution
No. 2006-80
S.FINANCE:
A. Budget Schedule
6.NEW BUSINESS:
Lake Elmo City Council Agenda
August 2, 2006
Page 2
7.MAINTENANCE/PARK/FI REBUILDING:
A. Parks Dept.
(1) Parks Plan Consultant Selection —
Resolution No. 2006-079
8. CITY ENGINEER'S REPORT:
Tom Prew
A. Easement for Northern Watermain:
verbal update
9. PLANNING, LAND USE & ZONING:
C. Dillerud
A. Resolution 2006-076, Garage Forward of
Principal Structure, 5487 Jamaca Avenue
B. C&C North American: Site Plan —
Resolution No. 2006-077, Shoreland Variance -
Resolution No. 2006-078
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
M. Rafferty
12. CITY COUNCIL REPORTS:
A. Mayor Johnston
B. Council Member Conlin
C. Council Member DeLapp
D. Council Member Johnson
E. Council Member Smith
August 9, 7 p.m. CIC Meeting
1ST DRAFT
CITY OF LAKE ELMO
CITY COUNCIL MEETING
JULY 18, 2006
L AGENDA
2. MINUTES: June 5, 2006
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. PUBLIC INQUIRIES:
1. Heart of America, Tom Metzger, Chief Operating Officer (Addition)
2. Huff N'Puff Proclamation, Non -Intoxicating Liquor License, Lake Elmo
Jaycees:
Request for $200.00 contribution for Boating Restriction Sign at Lake
DeMontreville Public Access—TriLakes Association/Demontreville—C
Lake Owners:
4. Overflow Parking at Boat Landings
B. PUBLIC INFORMATIONAL:
4. CONSENT AGENDA:
A. (1). Resolution No.2006-066: Approving
(2). Resolution No. 2006-067: Approving
B. Monthly Operating Budget
C. Escrow Reduction for Tapestry \^
D. Reschedule Council Workshop to Septeznb
E. MN Partnership Contract
5. FINANCE:
6. NEW BUSINESS:
7. MAINTENANCE/PA
A. Building Dept. Up,
B. Fire Dept. Update:
8. CITY ENGINEER'S I
A. Authorization Grc
B. Lateral Charges for
C. Warning Sirens.
D. 2006 Overlays:" Re
Advertisement for ]
13,
ling Study
Water Interconnect
No, 2006-068, Approve Plans & Specifications, Order
E. 2006 MSA Resurfacing: Resolution No. 2006-069, Ordering Improvement
F. Northern Watermain Easement Acquisition — verbal update
G. Resolution No. 2006-072: Change Order No. 1 Water System Interconnect Phase
rV & Partial Payment No. 3 for same project
9. PLANNING, LAND USE & ZONING:
A. Lake Elmo Inn Event Center — Section 520 Site Plan and Zoning Variances:
Resolution No. 2006-070
B. Apostolic Bible Church Site - Comprehensive Plan Amendment and Rezoning:
Resolution and Ordinance (postponed)
C. Home Office/Home Base Business Ordinances (postponed)
D. Park Meadows — Extension of Final Plat: Resolution No. 2006-071
E. Park and Ride
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2006
15T DRAFT
F. Accessory Building AG — Zoning Interpretation (postponed)
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
12. CITY COUNCIL BUSINESS AND REPORTS:
RESCHEDULED COUNCIL MEETING TO: Wednesday, August 2, 2006, 7:00 p.m.
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006
I" DRAFT
Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council
Chambers. COUNCIL MEMBERS PRESENT: Johnson, Smith, and Conlin.
STAFF PRESENT: City Administrator Rafferty, City Planner Dillerud, Finance Director
Bouthilet, Building Official McNamara, Fire Chief Malmquist, City Engineer Prew, City
Attorney Filla, and Recording Secretary Freeman.
Pledge of Allegiance
1. AGENDA:
Additions:
Public Inquiries: Tom Metzger, Heart of America, Chief Operating Officer;
3A (4): Change date of Council meeting;
Removals:
9(C) Home Office/Home Based Business Ordinance; 9(E) Zoning Ordinance Text
Interpretation —Accessory Building;
M/S/P Johnson/Conlin—to approve the July 18, 2006, City Council Agenda as amended.
(Motion passed 4-0)
2. MINUTES:
M/S/P Johnson/Smith — to approve the July,5. 2006, City Council Minutes as amended.
(Motion passed 3-0:1 Conlin -Abstained, did not attend meeting)
A. Public Inquiries:
(1) Tom Metzger, o
Thomas Metzger, Chief OI
apologized to the residents
in the Machine Shed pad
Council there are �tcl& 29 S
owners consider ,a7,'�„ of them to
activity that took place in the I
will never occur again.
facer, and Dennis Cox, of Heart of America
mo for �ti*Iiat he called "an inappropriate activity"
the July 8"' weekend. Mr. Metzger told the
ed Restaurants owned by Heart of America and the
ly restaurants. He said that the boxing/fighting
lot was not acceptable to the owners, and
City Administrator Rafferty advised the Council that he has requested the City Attorney
to review City ordinances to be sure the City has a specific ordinance prohibiting such
events from occurring in the City. The review/results will be brought to the August 12,
2006, Council Workshop.
(1) Huff Puff Proclamation Non -Intoxicating Liquor License: Lake Elmo
Jaycees:
The Lake Elmo Jaycees, represented by Ms. Ann Suckow, requested the Council to
proclaim August 10-11, 2006, the le Anniversary of Huff N Puff Days to be the official
City celebration for 2006 and urged all citizens of our community to give full regard to
the past and continuing services of the Lake Elmo Jaycees.
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006
1ST ®RAFT
M/S/P Smith/Johnson —to proclaim August 10-13, 2006, HuffN'Puff Days, and to
approve the on -sale non -intoxicating malt liquor license for this annual festival based on
approval of the Washington County Sheriff, to waiving the fees for the liquor license and
for the ball field lights. (Motion passed 4-0)
(2) Request for $200.00 contribution for Boating Restriction Sign at Lake
Demontreville Public Access—TriLakes Association/DeMontreville—Olsen Lake Owners:
Patrick Dean, 8028 North Hill Trail, requested the Council provide for a $200.00
contribution to bridge the financial gap between the cost of the new sign and funds raised
by the Association toward the purchase of new sign.
The City Administrator stated the replacement sign would be a good addition to the area,
as more prominent information to the public about the City's requements.
M/S/P Conlin/Johnston — to authorize participation and payment of $200.00 contribution
toward the Public Access Boating Restriction Sign at the Labe Demontreville public
access. (Motion passed 4-0)
(3) Overflow Parking at Boat Landings:
The Tri-Lakes Improvement Association reques
excessive use of the water bodies in the Tri-Lak,
problems arising from the overflow parking o0rr;:4
the public access which has resulted in increase
bodies. _ 1r
Council requested that Staff draft an orduxa
violations as a measure to discourage publi,
lot at the access and return to the, August 2,
B. Pr
Resident
> assistance in controlling
major concerns were the
and public streets around
on the Tri-Lakes water
to increased fines for parking
s parking outside to the DNR parking
City Council meeting.
under Item 8E
4. CONSENT AGENRA
A(1). Resolution No.",2066-066:
M/S/P Smith/Johnson — to adopt Resolution No. 2006-066, approving Claim Numbers
335, 336, DD799 through DD821, 29336 through 29356, were used for Staff Payroll
dated July 6, 2006; claims 337, 29357 through 29419, in the total amount of $206,460.37.
(Motion passed 4-0)
A (2). Resolution No. 2006-067:
M/S/P Smith/Conlin — to adopt Resolution No. 2006-067, approving Claim No. 29420, in
the total amount of $270.00. (Motion passed 3-0:1 Johnson abstained)
B. Monthly Operating Report:
M/S/P Smith/Johnson — to accept the June 2006 Monthly Operating Report.
(Motion passed 4-0)
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006
1" DRAFT
C. Escrow Reduction for Tapestry:
City Engineer Prew requested an Escrow Reduction for Tapestry from $2,510,287.50 to
$168,750.00, as presented in his Memo dated July 13, 2006.
M/S/P Smith/Johnson — to approve the Escrow Reduction for Tapestry from
$2,530,287.50 to $168,750.00. (Motion passed 4-0)
D. Reschedule Council Workshop to September 13.2006:
Staff requested rescheduling of the regular Council Workshop meeting of September 12,
2006, due to State Primary on Tuesday, September 12, 2006.
M/S/P Smitb/Johnson —to approve changing the September 12, 2006, Council Workshop
meeting to September 13, 2006. (Motion passed 4-0)
E. State of Minnesota Partnership Contract:
The Public Works Superintendent has determined that
thought MnDOT would result in substantial savings.
into a Partnership Contract in order to take advantage
M/S/P Smith/Johnson — to authorize the Mayor on be]
Minnesota Partnership Contract regarding traffic sign
5. FINANCE: None
signs, etc.,
t the City enter
sign
City to sign The State of
g. (Motion passed 4-0)
ie has been'coordinating the City application for a
ighway 5 from Marquess to 50a' Street. She noted
31, 2006, and requested City staff assistance to
strator Rafferty said that City staff will do so
7. MAINTENANCE/PAKK/kIKE/BU1L1)iivu:
A. Update on Building Deot.: Jim McNamara
Building Official McNamara commented that construction was slower than expected for
the month of June. He also reminded residents that private septic systems need to be
pumped every two years, and that garage floor drains are illegal with any type of septic
systems.
City Planner Dillerud stated that even with residential construction down, Building Dept.
revenue was on track with budget projections because of all of the commercial
construction in the City this year.
B. Fire Dept Update: Chief Malmquist
Fire Chief Malmquist recommended the promotion of Fire Fighters Steve Rutkowski and
Dan LeVasseur to Captain positions.
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006
I" DRAFT
The Fire Chief informed the residents that if they would like to have the Dept. participate
in their neighborhood National Night Out to please contact him at 651-770-5006. The
Fire Dept. will also beTarticipating in "Firefighter Day" at the Washington County Fair
on Saturday, August 5 from 10 am-6 pm, and Lake Elmo will be there from noon - 2.
The Dept. will once again be having their annual Pancake Breakfast during Huff n Puff
Days. Pancakes will be served from 8-noon on August 12-13, at Station 41. The Fire
Dept is currently looking for daytime firefighters, primarily at Station 41 (downtown). If
parties are available and interested, he encouraged potential applicants to call the Dept.
The Lake Elmo Fire Explorers have been training for, and will be participating in a
competition at the state fair on August 25th. He suggested that any youths interested in
this program should contact station #1. They meet on Sunday evenings and learn the
skills to be a firefighter.
M/S/P Johnson/Smith — to approve the promotion of Steve
LeVasseur to Captain. (Motion passed 4-0)
8. CITY ENGINEER'S REPORT:
A. Authorization for Professional Services: Grou
Well Siting:
City Engineer Prow informed Council the water supp
an additional 3 wells (sites not yet known) Issues of
new wells difficult. The modeling will include a two'
H
not suitable to drill, and second, how groundwater itrc
with respect to Lake Jane Landfill groundwater conta
M/S/P Smith/Johnson — to a
Siting project, per letter from
is not yet done. It calls for
sated water make locating
iess: first, determine areas
will affect the aquifers
Modeling and Municipal Well
July 14, 2006. (Motion passed 4-0)
B. Lateral Charges for Water System Interconnect Ynase I ano u:
City Engineer Prew presented the Lateral Benefits Worksheets for Phases I and II of the
Water System Interconnect Project. The lateral charges would only be applied to
property owners wheritbey decided to use the public water supply, with the amount being
adjusted for inflation over time.
Discussion followed with the City Attorney regarding a proposed ordinance to formalize
the proposed lateral charges.
It was the consensus of the City Council that the ordinance required additional
information and requested staff and the City Attorney to bring the ordinance back to the
August 2, 2006, City Council Meeting.
C. Warning Sirens:
City Engineer Prew recommended approval of the new warning sirens, with a system
which covers the entire community and is up-to-date. He said the City currently has three
warning sirens — Cimarron, Old Village and in the Park Reserve. There will be a total of
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006
6
1" ®RAFT
eight new sirens installed in phases -three in 2006, three before the 2007 storm season,
and the last two later in the year. Quotes have been received for the first phase, and
adoption of the Siren Plan was requested.
MJS/P Smith/Johnson — to approve the attached Siren Plan, and approving the quotes for
the installation of Phase I. (Motion passed 4-0)
D. 2006 Overlays: Resolution No. 2006-068. Approve Plans and Specifications.
Order Advertisement for Bids:
City Engineer Prew informed Council the Plans are complete and ready for bids. He will
bring results to the August 2, 2006, meeting. Staff recommended being proactive as to
scheduling on -going street overlays, which will cost general taxpayers of the City less
money in the long run.
Council Member Conlin stated she had driven on the roads thativall be overlayed by this
project and observed vegetation growing through the cracks in the pavement.
M/S/P Johnson/Smith — to approve Resolution No. 20,06-068, ordering improvements for
2006 Overlays on Irvin Court, Irvin Circle, Isle Avenue, Ivy Court, and Jamaca Court,
Plans and Specifications, and Ordering Advertisement forbids. (Motion passed 4-0)
Resident Jeanne O Neill, 10133 47 b Street, requested clarification regarding how the
speed problems c6W*be addressed.
The City Planner stated' Street is a collector road and a State Speed Study would
be necessary to change the "speed. It may be determined that a higher speed be
recommended. The addition of trees close to the street surface may result in "traffic
calming," but would also narrow the streets to bike and pedestrian traffic and possibly
create safety hazards. He advised that in his experience the use of stop signs -
particularly "mid block'— to simply slow traffic would be Illogical to most motorists and
result in the "blowing" of the stop sign and a hazard to pedestrians that rely on a stop sign
as a safe measure for crossing the street. He also noted that the use of speed bumps on
public roadways to slow traffic would result in liability to the City for vehicle damages,
and snowplow damage.
The City Administrator and City Engineer informed the residents that two speed trailers
will be utilized, and patrolling increased to address speeding on this segment of roadway.
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006
I" DRAFT
Council Member Conlin suggested requesting Sheriff Pott attend the August 2, 2006,
Council meeting and provides an update on the road activities for 470' Street. Mayor
Johnston said he would be in contact with Sheriff Pon on Wednesday and discuss the
City's request.
M/S/P Johnson/Smith — to adopt Resolution No. 2006-069, ordering improvement for the
2006 MSA, on 45t' Street, Julep Avenue and 47a' Street Resurfacing. (Motion passed 4-0)
F. Northern Watermain Easement Acquisition Update: verbal
City Engineer Prew informed Council the project preparations are progressing, and no
appraisals have been received yet. He will have a report at the August 2, 2006, Council
meeting.
G. Resolution No. 2006-072: Change Order No. 1 Water Systeni Interconnect Phase
IV & Partial Payment No. 3 to Ellingson Drainage:
City Engineer Prew informed the Council that Prairie Ridge<Offio&,g§uk has requested
City water, due to contamination issues. The City will pad for one of the three requested
interconnects, with the additional costs of the other two assessed back to the owner.
M/S/P Smith/Conlin — to adopt Resolution No. 2006-0
Water System Interconnect - Phase IV, Certificate No.
1, to Ellingson Drainage in the amount of $10,230,17.
9. PLANNING, LAND I
A. Lake Elmo Inn Eve
Resolution No. 2006-070:
The City Planner reported
unanimously adopted a re(
variances to enable au,
the former VFW
horizing partial payment for
approve Charge Order No.
)n passed 4-0)
conducted a Public Hearing and
to approve the Section 520 Site Plan and zoning
square fee and significant site improvements to
Concerns were expressed with the GB zoning/Village Plan conflict, but both the City
Planner and the Planning Commission were supportive of the applicant's efforts to
incorporate the probable Village Area design theme in his plans for site renovation as the
first step to realize the new Village area.
M/S/P Smith/Johnston — to approve Resolution No. 2006-070, approving a Section 520
Site Plan and zoning ordinance variances for an addition to and site improvements at
3712 Layton Avenue per plans staff dated July 5, 2006, based on the Findings and
Conditions recommended by the Planning Commission. (Motion passed 4-0)
B. Apostolic Bible Church Site — Comprehensive Site Plan Amendment and
Rezoning Resolution and Ordinance postponed:
The City Planner said he bad been previously directed by Council to initiate application
to reclassify and rezone this site from PF to RAD/RR since it has been 17 years since the
site was changed to PF for a church, and the church was still not constructed.
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006
1ST DRAFT
Pastor Michael Friend requested that the zoning remain as it was changed to in 1989
(PF), and explained the circumstances regarding the church building delay.
Council discussions determined that since there was no sense of urgency, the Pastor be
allowed to return in 30 days, when a full Council is present to hear the church's plans.
M/S/P Smith/Johnson — to table Resolution No. 2006-071, and Ordinance 97-176, and
bring back to the August 18, 2006, City Council meeting. (Motion passed 4-0)
C. Home Office / Home Based Business: Ordinances postponed:
M/S/P Johnson/Johnston — to direct Staff to bring back after Litigation is resolved.
(Motion passed 4-0)
All-
D. Park Meadows —Extension of Final Plat, Resolution 2006171:
The City Planner informed City Council that the developer of the Park Meadows
subdivision failed to record the Final document with the 120 days as prescribed by the
Subdivision Ordinance, and therefore the City's approv,:;of the plat has expired. He
noted that Staff is convinced this was merely an oversight on the part ofe developer
and recommended adoption of the Resolution, theTS insuriirg continued compliance
with the City Code.
M/S/P Conlin/Johnson — to adopt Re
of the Park Meadows Plat. (Motion
E. Park and Ride:
The City Planner requested
location. He reported that <
Transit regarding the propo
was again discussed.atte
to place the matter on the Ji
the Final Plat
about the Keats Avenue Park & Ride
,ctirig Staff to continue discussions with Metro
pass at an earlier Council meeting. The matter
i, Council Workshop session, and staff was asked
;,Council agenda to be again considered.
M/S/P Johnston/Johnson — to direct Staff to continue discussions with Met Council
regarding the Metro Transit prd sal to construct a Park & Ride in Lake Elmo seeking
additional information, ai a various options that could potentially make such a facility
more acceptable to the City. (Motion 4-0)
F. Accessory Building in AG — Zoning Interpretation:
M/S/P Johnson/Johnston — to direct Staff to bring back after Litigation is resolved.
(Motion passed 4-0)
10. CITY ATTORNEY'S REPORT:
Litigation was scheduled for Wednesday at 1:00 p.m.
11. CITY ADMINISTRATOR'S REPORT: None
12. CITY COUNCIL BUSINESS AND REPORTS:
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006
1ST DRAFT
A. Mayor Johnston will be representing the City at the Groundbreaking Ceremonies
for Rasmussen College on Wednesday, July 19, 2006.
B. Council Member Conlin: None
C. Council Member DeLapp: Absent
D. Council Member Johnson: None
E. Council Member Smith thanked Mike Bouthilet, Parks Supt. and staff for their
hard work at the Carriage Park. Everything was looking nice.
REMINDER: Rescheduled Council Meeting: Wednesday, August 2, 2006, 7:00 p.m.
Meeting Adjourned at 9:40 p.m.
Resolution No. 2006-066: Approved Claij
Resolution No. 2006-067: Approved Clair
Resolution No. 2006-068: 2006 Overlays,
Advertisement for Bidsxz;,
Resolution No. 2006-069: 2006.,,MSA kel
Resolution No. 2006-070 Lake Elmo Inn
Zoning Variances
Specs, Ordered
Ordering Improvement
nter-Section 520 Site Plan and
Resolution No. 2006.071': Park Meadows — Extension of Final Plat
Resolution No. 2006-072: Chaxge Order No. 1 Water Systems Interconnect Phase IV &
Partial Pavment No. 3
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006
10
APPROVED AS AMENDED JULY 18, 2006
CITY OF LAKE ELMO
CITY COUNCIL MEETING
JULY 5, 2006
L AGENDA
2. MINUTES: June 20, 2006
3. PUBLIC INQUIRIES/iNFORMATIONAL:
A. PUBLIC INFORMATIONAL: None
B. PUBLIC INQUIRIES:
4. CONSENT AGENDA:
A. Resolution No. 2006-062: Approving Claims
B. Union Pacific Pipeline Crossing Agreement
C. National Night Out (Addition)
5. FINANCE:
A. Water Hook -Up Fees (Addition)
6. NEW BUSINESS: None
7. MAINTENANCE/PARK/FIRE/BUILDING: None
8. CITY ENGINEER'S REPORT:
A. PUBLIC HEARING: 2006 Overlays, Order Plans and Specifications: Resolution
No. 2006-063
B. PUBLIC HEARING: 2006 MSA Resurfacing, Order Plans and Specifications:
Resolution No. 2006-064
C. Easement for Northern Watermain: verbal update
D. Approve Plans for Eagle Point Blvd.: Resolution No. 2006-065
E. Water Tower Project Update (Addition)
9. PLANNING, LAND USE & ZONING:
A. Zoning Ordinance Text Interpretation — Accessory Buildings in AG
B. Hidden Meadows 2nd Addition Final Plat and Development Agreement:
Resolution No. 2006-066 (Removed)
C. HOA 2nd Addition Final Plat and Development Agreement: Resolution 2006-067
10. CITY ATTORNEY'S REPORT: None
11. CITY ADMINISTRATOR'S REPORT: None
12. CITY COUNCIL REPORTS:
A. Mayor Johnston
B. Council Member Conlin: Absent
C. Council Member DeLapp
D. Council Member Johnson
E. Council Member Smith
13. CLOSED MEETING: Legal Update
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006
4
APPROVED AS AMENDED JULY 18, 2006
M/S Johnston/Johnson — to approve Resolution No. 2006-063, ordering improvement for
2006 Overlays on Irvin Court, Irvin Circle, Isle Avenue, Ivy Court, and Jamaca Court.
No vote.
M/SIP Johnson/Johnston — to table the motion to the July 18, 2006, City Council meeting.
(Motion passed 3-1: DeLapp-opposed to the project)
MJSlP Smith/Johnson — to reconsider the vote to table the original motion to approve
Resolution No. 2006-063. (Motion passed 4-0)
Mayor Johnston thereby placed the matter of Resolution No. 2006-063, ordering
improvement for 2006 Overlays on Irvin Court, Irvin Circle, Isle Avenue, Ivy Court, and
Jamaca Court, back on the table for Council consideration. (Motion passed 4-0)
City Engineer Prew recommended adoption of Resolution No. 2006-064, ordering
improvements for 2006 MSA Resurfacing on 45 h Street, Julep Avenue and 47a` Street.
The Mayor opened the Public Hearing at 8:08 p.m
Resident Bob Johnson, 10323 47"' Street, stated he has refused to do anything with 5e
Street and Kimbro Avenue, and that this road improvement should have more priority
than the project now proposed. He said that there are 4 retired residents on 47th Street
and all are against this project.
Resident Jeanne O'Neill, 10133 47ei Street, requested clarification of AG Preserves and
Green Acres assessment waivers. She said she has lived there for 5 years, and does not
believe street repairs are needed. The improvement of the road will increase the speed of
the vehicles; she doesn't allow her son to even ride his bike there now. Funds should be
used elsewhere.
Resident Rosalie Wahl, 10231 47"' Street, said has lived there for 51 years and doesn't
see the need for improvements.
Resident Pat O'Neill, 10133 47 h Street, restated their concerns and said the street is used
as a drag racing strip.
Resident Mark Wahl, 10231 47 h Street, made a suggestion of having speed bumps
installed to help slow down traffic.
The Public Hearing was closed to Public Comment at 8:19 p.m.
Mayor Johnston summarized the following questions: 1) Should we be repairing 50a'
Street and Kimbro Avenue instead, and/or keep it a gravel road; 2) would the 501b Street
and Kimbro Avenue improvement relieve some of the traffic on 45 b Street, Julep
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006
4
APPROVED AS AMENDED JULY 18, 2006
Avenue, and 45"' Street; 3) AG Preserve and Green Acres clarification; 4) specific repairs
needed on 45a' Street and Julep Avenue?
City Engineer Prew informed Council the streets are 20 years old, and maintenance is
recommended. Making the driving lanes narrower — as proposed by the project — will
help slow down traffic some.
Consensus of the Council to direct Staff to work with Washington County Sheriff
department and to also use speed trailers to monitor the speed on 47a' Street due to the
concerns citizens addressed with this stretch of road becoming a race track.
M/S/P Johnston/Smith — to return to the July 18, 2006, Council meeting for further
discussion of Resolution No. 2006-064, ordering improvement for 2006 MSA
Resurfacing on 45"' Street, Julep Avenue, and 47t' Street. (Motion passed 4-0)
C. Easement for Northern Watermain:
City Engineer Prew informed the Council that they are waiting for appraisals of
easements.
D. Approve Plans for Eagle Point Boulevard —Resolution No. 2006-064:
City Engineer Prew recommended adoption of Resolution No. 2006-064, approving Plans
and Specifications for Eagle Point Boulevard, south of Hudson Blvd.
M/S/P Johnson/Smith — to approve Resolution No. 2006-064, approving Plans and
Specifications for Eagle Point Boulevard. (Motion passed 4-0)
F. Water Tower Proiect: Verbal Update
The City Planner informed Council that CB & I Constructors, Inc. informed the City
about the water tower being out-of-specification/out-of-tolerance by 4 inches. CB & I
has proposed a remedy and solution.
The City Engineer recommended hiring an independent national consultant, Tank
Industry Consultants, to evaluate the proposals for correction of the deviation. All costs
will be covered by CB & I, Inc., including TKDA.
M/S/P DeLapp/Johnston — 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 Teat Intemretation — 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.
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006
APPROVED AS AMENDED JULY 18, 2006
k
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 18, 2006, City Council
meeting. (Motion passed 4-0)
B. Final Plat and Develo went Agreement — Hidden Meadows 2nd Addition:
Resolution No.2006-066• (postponed):
The City Planner informed the Council that Hidden Meadows Development, LLC
(Developer) had requested Hidden Meadows 2na Addition be withdrawn until the July 18,
2006, Council meeting.
C. Final Plat and Development Agreement — HOA 2nd Addition: Resolution No
2006-065:
City Planner presented the Final Plat and DA for HOA 2na Addition, consisting of 12.6
acres divided into a cul-de-sac street, 2 lots and 1 outlot.
M/S/P Johnson/DeLapp — to adopt Resolution No. 2006-065, approving the Final Plat
and Development Agreement of the HOA 2nd Addition. (Motion passed 4-0)
10. CITY ATTORNEY'S REPORT: None
11. CITY ADNHMSTRATOR'S REPORT:
The Assistant City Administrator informed Council that the lawsuit against the City by
the I-94 property owners had been dismissed, without prejudice.
12. CITY COUNCIL REPORTS:
Mayor Johnston informed the Council that he had attended the LMNC Conference last
Thursday.
Council Member Conlin - Absent
Council Member DeLapp informed Council that he had been at the Regional Art Center,
and viewed the artwork. The recycled materials, required to create the art, were very
good. Awards were given to all participants.
Council Member Johnson attended the July 4a` Kids Parade, and hoped all the children
had a good time. There were 17 participants for the Recycle Art Contest.
Council Member Smith informed Council that the Regional Art Center is offering classes
every Thursday night this summer. Classes are for ages 6-14.
REMINDER: City Council Workshop on Tuesday, July 11, 2006, at 6:00 p.m.
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006
P9
APPROVED AS AMENDED JULY 18, 2006
13. CLOSED MEETING: Legal Update:
A. Case No. 82-C6-05-006209 — City of Lake Elmo vs. Sessiog Pretrial Mediation
Council Meeting adjourned at 9:00 p.m. for a Closed Session.
Respectfully submitted by Carole Freeman, Recording Secretary
Resolution No. 2006-062: Approved Claims
Resolution No. 2006-063: 2006 Overlays - Approved Resolution No. 2006-063, ordering
improvement for 2006 Overlays on Irvin Court, Irvin Circle, Isle Avenue, Ivy Court, and
Jamaca Court.
Resolution No. 2006-064: Plans for Eagle Point Boulevard
Resolution No. 2006-065: HOA 2°1 Addition Final Plat & Development Agreement
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2006
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-073
RESOLUTION APPROVING CLAIMS
BE IT RESOLVED THAT Claim Numbers 338, 339, DD822 through DD834,
29439 through 29454, were used for Staff Payroll dated July 201h, 2006; claims 340,
29455 through 29493, in the total amount of $406,796.16 are hereby approved.
ADOPTED, by the Lake Elmo City Council on the 2" d day of August, 2006.
Dean A. Johnston
Mayor
ATTEST:
Martin J. Rafferty
City Administrator
S
z
LM
r
�
da
�zo
ngz
nmaan
a
F
W W'.
J
O
O
O
O C O
O
O
O
O
O
O
0 0 0
O
O
O
N
N
N
N N N
N
N
N
N
N
N
N N N
N
N
N
O
O
O
O O O
O
O
O
Arn
ovi
orn
000rn
ocn
o vi
ocn
orn
o�
o�
o0 oi�
oto
a �
orn
O p
o a
o O
o 0 0 3
o O
O O
0 7
O
O
O
O O O
O
O
O
x x
x
x
x
x
x
m m
m
m
m
m
m
N N
N
N
R
N
N
a c
n
n
a
a
a
o O
o
O
o
0
0
v
A
man
� FL
O 6
W '�"
OO p•
� G
G 6
❑
O
A. A 'p
x
C-)zx
n
D'-Z
O '�
tpi i7
n Y�
n O Ci
t0> > T
cpi tNyn ["'
lOi rn O
n 9 c
cOi C z�
�
a _ "'.
w =. 7
�
m
p
00 �
rn �
o �,
i, vi
m �
= C� w
w c-• o �
•�
2
q�
O
a
�c
y
�
a_
m m
a
}
N
H H
n
O
C
N
I
10
10
(
I
I
S
O T T
Q, a
0
O
0
O O
w t n
O O O
00
m w
m
m
m
w
oOo
m
w�
O O
o
O
O
O
O
O
O O
N \
N
N
N
N
\
N
N N
AF
? �
AX
A F
Ate.
A�'
A n
AO
AAO
O O V]
O O
00
O.'p
00
O
07
O,7
00
O O
O
O
O
O
O
0 0
O O
O
O
O
O
O
O
O
:R
O
3
0
J
a<
P U U A A W y
? p
N N N
r
O✓
'1'
�T J .'�J
o
z
SG
�--
FTro 5'�
Fro w
�9 �� n
x� �
.��-n"
Fm
�M �%❑
v
m
7
7
C
y
On 0
M
� O
—
N
Cow N CO— W
UU
CO W —w
AA
00
W �
PJ V'
A O W .V' l(J U W
w w
A J N A
W w
0 0
0 0
to to O
W
W
N O m O NO O
A A
P P ^V
U U
O O
U U
0 0 0
O O O O O O
O
O O O
O
O
O
O O
0 0 0 0 0 0
O
O O O
O
O
O
0 0
N N N N N N
N
N N N
N
N
N
N N
O O O O O O
O
0 0 0
O
O
O
O O
0 0 0 0 0 0
O
O O O
O
O
O
O O
P P P P P P
P
PPP
P
P
P
P P
000 P OO V)
Of/J
000[n
Afn
O N
O;/1
OO:b
N
n
o
--Jo —cc
orn
o oo�
o m
�m
rm
o o�
O O O O O O G
O O
O O O G
O G
0 7
O G
O O G
A A
0 0
0
0
0
0 0
7
3
O
A
m m
A
o w
0 0
C<
w C
rn C
O C
Orz
rTj
r
n
a
r
CO
y
W
rn rn
c�_x v:
�_� �,
nv,z
0
-DC)
0 0 �c
.�0 7
,n,
^.y `�
X= �y
Xn
X a m
Kv
N
O Vi G
O
N
ry
o
K
a
K
O4
K
I
I
I
W 0 0
W W N
N m W
00 O 00
00 O
T O
D\
1
O O
O O
0 0
0 O
O O
O
O
O
O
W W
W 00
00 00
W 00
00
c0
00
m
O O
O O
0 0
O O
O
O
O
O
N N
N N
N N
N N
N
N
N
N
N N
N N
NN
N N
N
N
N
N
O O
0 0
O O
0 0
O
O
O
O
O O
C\ P
0 0
01 Q\
O O
� �
0 0
O� U
O
�
O
D•`
O
T
O
O�
ow
orn
oorii
Dorn
oo�
orn
oy
ova
orn
a�
a•O
N'p
N
' d
y'a
V'
�p �09
lO�
w�
W�
A�
A�
A Am
AAA
AAN
Arp9
A�
A�'
Ap
O w
W
w W w
O O N
O O N
N N
U N
w N
D\ N
x
s
x
x
x
x
x
x
3
r1l
c
n
m
m
>
>
z z
z
z
z
z
z
z
z
O O
0
0
0
O
O
O
O
O
r
5
N p
O.•
C O O O O O O C O O O O O O O O O O O O O p
0 0 0 o Q o 0 0 0 0 0 0 0 0 o c o c o 0 0
J p
N O
O p
J
�G
PPPPP PP. D\P PPPPTPPPPQ\ PP
OOOOOCOCOOOOOOCO00000""%
'""�
"")
pVi
T
N N N N N N N N N N N N N N N N N N N N N X
j
9
N 'i7
p T
Ja
co Co m oo W Go m 00 � Oa 4V" Oo fF CO � CO � 00 O� Oo Oo
J v JJ w
�
pp
N AO�v �i V OAi.P pp J TAw�a�
�
X
"z
('>p z!)?Nn'=�G
- o Q o
< < c °' m '3 0 •p 4i o �• "1 .rr is ty"o w
= �' v."',
y f w
w c
o
- o
c
_
.O w
J- W N O u, U O u, -• O W N -• �O r W O J A -- ?
�1 J
P O+
P
J CObw O? �D N Jv^ ¢� U vOJO J 'V 'V NCO NBC
JJ
D\P
---
O
P O A ?' P W J O -• O� N W N J J W O W O Oo O�
O O
W W
r L
C
O O O O O O G O O O Q O O O O O O O O C O
O
O
O
O
0 0 0 0 O.O O C O O O O O O O O O O O O C
O
O
O
N
N N N N N N N N N N N N N N N N N N N N N
N
N
N
N
N N N N N N N N N N N N N N N N N N N N N
N
N
N
C
O O C O O O O O O O O O O O C O 0 0 0 0 0
C
O
O
O
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
O
O
O
D\
PPPP PPPPPd\PPPPP D\P PPPP
P
P
Qi
--(�
O
? A Oo A A P P m A A -• O\ -• N ? p+ O� C P P P (]
C 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0
0. (�
O-
P �
Q'
•--• ("�
O
T
W- r 7 W
p•
N
OVI
W W �D W W �p �p �O M W - V� -• � � � �V iV � �O
OOOOO A POOOOAO POPC AAAaVi
�O
AVi
�I`.
? VJ
N
Ofn
N �
W � �D W 00 \O �D V' W x --G --• �D �V^ •V V^ �D �D �D �
�O �
�D a
N L
N ••
O G O O O A Vi 0 0 0�? �O A O u O A? A Vr C
A❑
A=
N
Ary
?
A?A?AA-PA?.PAA A? A AA AA AL
WWWWWWWWWWWWWWWWWWWWW
L�
O\
U
W••
W W
O O C O C O O C O O O O O O O O O O O O O w
A W
N W
N W
O
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
O
O
O
T T
T
T T
d 1
0
6. R
z z
z
z z
p O
O
O O
T
0
0
u
i
r�l
'rJ
G
G
O �
o °O
a
i
MM
r
CITY OF LAKE ELMO
2006 BILLING SUMMARY
MONTH
11135
Administration
1 11140
Criminal Pros
11145
Public Imp. Pro!
11150
Communi Dev
111557utoForfefture
Civil Litigation
161
TOTAL
Jan
$2,381.27
$3,516.24
$363.00
$1,821.52
$135.00
$8,217.03
Feb
$1,364.70
$4,574.62
$572.96
$616.00
$1,997.00
$5.00
$9,130.28
March
$1,160.50
$3,682.65
$3,301.50
$381.50
$280.75
$243.00
$9,049.90
April
$1,921.11
$3,948.44
$1,887.50
$331.61
$486.00
$121.50
$8,696.16
May
$2,186.56
$3,406.51
$586.00
$228.65
$1,768.38
$148.50
$8,324.60
June
$1,638.59
$4,415.02
$1,089.03
$429.00
$2,933.28
$780.00
$11,284.92
July
Aug
Sept
$0.00
Oct
$0.00
Nov
$0.00
Dec
$0.00
Totals
$10,652.73
$23,543.48
$7,436.99
$2,349.76
$9,286.93
$1,433.00
$54,702.89
7/14/2006
uite 300 j' �o (651)291-8955
50 East Fifth Street 7F—�7r+p 7e g /{` ' BERG eml 228-1753 facsimile
St. Paul, MN 55101-I 197 li 114�.1]LI\V/1 Fedetal l� ID #4I-0491098
e m m e
CITY OF .LAKE ELMO
3800 Laverne Avenue North
Lake Elmo MN 55042
ACCOUNT NO
FEES EXPENSES ADVANCES
11135-060003 BERGMANN TEMPORARY WATERMAIN EASEMENTS
275.00 0.00 0.00
Page: 1
06/30/2006
11135M
BALANCE
$275.00
11135-920001 Administration
1,353.00 10.59 0.00 $1,363.59
1,628.00 10.59 0.00 $1,638.59
THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEMED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTHS STATEMENT
PLEASE RETURN ONE COPY OF STATEMENT wrrHH PAYmENH'.
Suite 300 (6511 291-8955
50 East Fifth Street �� �J (651) 228-1753 facsimile
St Paul, MN 55101 � 1197 M Federal Tax ID #41-0991099
jn3F7#1xXqMu%wa a
Page: 1
CITY OF LAKE ELMO 06/30/2006
380C Laverne Avenue North ACCOUNT NO. 1114CM
Lake Elmo MN 55042
FEES
EXPENSES
ADVANCES
BALANCE
11140-030001
Misc Prosecutions
3,772.50
41.52
0.00
$3,814.02
11140-050108
Griebler, James Leo
domestic assault
240.00
0.00
0.00
$240.00
11140-060010
Wilson, Thomas John
DAS
0.00
0.00
0.00
$0.00
11140-060023 Antunes, Filiberto
domestic assault
0.00
0.00
39.00
$39.00
11140-060029
Zawieruszyski, Agnieszka
.DAS,
no front license plate
30.00
0.00
0.00
$30.00
11140-060055
Olson, Michael John
-
test refusal, 2nd degree DUI
5.00
0.00
0.00
$5.00
11140-060056
Griebler, James
0.00
0.00
22.00
$22.00
11140-060091
Durkopp, Shane Gray
test refusal, 4th degree DUI
5.00
0.00
0.00
$5.00
THIS STATEMENT IS DIRE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECErJED AFTER THE LAST DAY OF THE MONTH WEBS BE CREDITED TO THE NEXT MONTH'S STATEMENT -
PLEASE RETURN ONE COPSE OF STATEMENT WITH PAYMENT.
Suite 300
50 East Fifth Street
St Paul, MN 55101-1197
S' �,D L l.A 7^,Y,Z Na.
CITY OF LAKE ELMO
(65112911-8955
(6511 228-1753 lac imile
Fedeal Tax ID 441-0991098
ACCOUNT NO
FEES EXPENSES ADVANCES
11140-060107 Burrell, Tara Marie
4th degree DUI
5.00
0.00
11140-060109
Bauer, Shaun Arthur
GM-DAC-IPS
10.00
0.00
11140-060111
K1uck, Matthew John
DAS
5.00
0.00
11140-060113
Brandstrom. Sean
DAS
5.00
0.00
11140-060117
Tulloch, Scott Wayne
4th degree DUI, 4th degree
.10
5.00
0.00
11140-060118
Cunningham, Patricia
fail to yield to stop
sign
5.00
0.00
11140-060119
Hoggarth, Todd Richard
GM -test refusal, 3rd
degree DUI
10.00
0.00
11140-060120
Weber, Kelly Marie
GM -test refusal
10.00
0.00
11140-060123
Gatluak, Chol W.
false info to police
10.00
0.Oc
1 1�
1 e1,
o �
1M
RM
1 9I
111FIrs
1 �f
elm
Page: 2
06/30/2006
11140M
BALANCE
$5.00
$10.00
$5.00
$5.00
$5.00
$5.00
$10.00
$10.00
$10.00
THIS STAITMENT IS DUE AND PAYABLE TO THE END OF THE MONTH -
PAYMENT'S RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NE%'I' MONTHS STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300 j y,
50 East Fifth Street BER�
St Paul, MN 5510I-1197
FRAMCrMAN
BWMEK&M-WIMESIM
CITY OF LAKE ELMO
(651) 291-8955
(651) 228-1753 facsimile
Federal Tax ID #41-0991098
Page: 3
06/30/2006
ACCOUNT NO. 11140M
FEES
EXPENSES
ADVANCES
BALANCE
11140-060124
Nolan, Jolene Anne
4th degree DUI, speed
5.00
0.00
0.00
$5.00
11140-060125
Wicklund, David Kurtis
911 interference, domestic
assault, assault,
doc
85.00
0.00
0.00
$85.00
11140-060126
Paper, Jamie Robert
2nd degree Test refusal
75.00
0.00
0.00
$75.00
11140-060127
Novak, Sandra Kay
2nd degree DUI
10.00
0.00
0.00
$10.00
11140-060128
Hardy, Kelly Lee
assault
5.00
0.00
0.00
$5.00
11140-060130
Boggess, Mark Allen
2nd degree DUI
10.00
0.00
0.00
$10.00
11140-060132
Miranda, Rudolph M.
DAS, no insurance
5.00
0.00
0.00
$5.00
4,312.50
41.52
61.00
$4,415.02
RETURNTHIS STATTIMNT IS DUE AND PAYARIZ TO THE END OF THE MONTH.
PLEASE ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300
50 East Fifth Street
St. Paul, MN 55101-1197
Alk
(651)291-8935
(651) 228-1753 faaimile
Federal Tax ID #41-0991098
Paae: 1
CITY OF LAKE
ELMO
06/30/2006
3800 LAVERNE
AVENUE NORTH
ACCOUNT NO.
11145M
LAKE ELMO MN 55042
FEES
EXPENSES
ADVANCES
BALANCE
11145-040003
WATER SYSTEMS
CONNECTION
909.50
3.53
0.00
$913.03
11145-050002
CENTRAL WATER
TOWER
176.00
0.00
0.00
$176.00
11145-050004
3M GRAND/TABLYN PARK WATER
MAIN
0.00
0.00
0.00
$0.00
1,085.50
3.53
0.00
$1,089.03
THIS STATEMENT 15 DUE AND PAYABLE TO THE END OF THE MONTH.
]PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTE S STATEMENT.
PLEASE RETURN ONE COPY QE STATEMENT WITH PAYMENT-
"Suite00 e (651)291-8955
50 East Fifth Street �LJ � (651) 228-1753 acsimile
St. Paul, MN 55101.1197 E'+ Federal Tax ID #4b0991098
c e M98M3aMMHfflfflM=
CITY OF LAKE ELMO
3800 Laverne Avenue North
Lake Elmo MN 55042
ACCOUNT NO
FEES EXPENSES ADVANCES
11150-060003 HIDDEN MEADOWS - PRELIMINARY PLAT
209.00 0.00 0.00
11150-060004 EAGLE POINT BUSINESS PARK SEVENTH ADDITION
66.00 0.00 0.00
11150-060006 R.J. RYAN CONSTRUCTION SITE PLAN OFFICE -SHOWROOM
44.00 0.00 0.00
11150-060007 LE INN EVENT CENTER - SITE PLAN VARIANCES
44.00 , 0.00 0.00
11150-990006 Carriage Homes Development
66.00
429.00
Page: 1
06/30/2006
11150M
BALANCE
$209.00
$66.00
$44.00
$44.00
0.00 0.00 $66.00
0.00 0.00 $429.00
THIS STATEMENT IS DOE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RFCEIVED AFTER THE LAST DAY OF THE MONTH Vi11LL BE CREDITED TO THE NEXT MONTH'S STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300 � + (65])291-8955
50 East Fifth Street (651) 228-1753 facsimile
�E
St. Paul, MN 55101-1197 RG_ .._ Federal Tax ID 041-0991098
0 B 0
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
FEES
11155-040002 Lake Elmo v. Sessing
2,677.50
EXPENSES
5.78
Page: 1
06/30/2006
ACCOUNT NO. 11155M
ADVANCES BALANCE
250.00 $2,933.28
THIS STATEMENT 19 DUE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WELL BE CREDITED TO THE NEST MONTHS STATEMENT -
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
55
Suit ,WEast Mftb Street ]� }'� (651) 228.1 53 faa lm9le
St. Paul, MN 55101-1197 FR 4t V 1 BERG Federal Tax [D #41�0991098
ME
e e a e
Paue: 1
CITY OF LAKE ELMO 06/30/2006
3800 LAVERNE AVENUE NORTH, ACCOUNT NO. 11161M
LAKE ELMO MN 55042
FEES EXPENSES ADVANCES BALANCE
11161-060003 Olson, Michael John
vehicle
forfeiture
770.00
0.00
0.00
$770.00
11161-060004 Peper,
Jamie Robert
vehicle
forfeiture
5-00
0.00
0.00
$5.00
11161-060003 Novak,
Sandra Kay
vehicle
forfeiture
5.00
0.00
0.00
$5.00
780.00
0.00
0.00
$760.00
THIS STATEMENT 1S DUE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE. LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENM
iB
TKDA
ENGINEERS • ARCHITECTS • PLANNERS 1500 Piper Jaff ray Plaza
444 Cedar Street
Saint Paul, MN 55101-2140
(651)292-4400
(651)292-0083 Fax
www.tkda.com
July 28, 2006
Honorable Mayor and City Council
City of Lake Elmo, Minnesota
Re: Park Construction Requests before City Council
Tablyn Park/Lake Elmo Heights Watermain Extension
City of Lake Elmo, Minnesota
TKDA Project No. 13524.000
Dear Mayor and City Council:
Park Construction has requested to appear before the City Council to discuss our decision to
deny a claim they have made.
Although anybody is free to discuss any issue with the City Council at a public meeting, we
would like to remind you that there is a method to resolve disputes contained within the contract.
That method should be allowed to take its proper course.
Sincerely,
Thomas D. Prew, P.E.
City Engineer
TDP:cme
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
1
`YA r`t `-�-
}
Lc Il 9 r_:-;, 'i f utr�r l-'_• 4_.
'N .1 i
`b. 1�,'�
> f -T'�� - %'1` i N.>� �,y , �II�,CA ��'�N7li'�•c'�� r 11�'�.: rl,,,�N d� _ rf�-.•��r�'.rr.��+. � - 11 �
IX�c +y t I >I,
At
yC�Yki
1#rt k - � I�' ;. t j .'S'.�r� iKr'pJ� �'�a��U.3� -� '-1 17 � ��i.-''i pi'�,.�,. ,; `• re.
Lit { � �� � I I I� '�+ ? . ' � � �P•�t t� 'ir►�7'>"2A� �41, �:`L_ r � lS�t";�•L� ��r �� x�3�•�}'n,`
I �1-T - �-Y �r Jfl l �-'<•}- ! 1 `1f '.1 Y' 2._ -1 4 �p � t
1 It- -{ }.,�i I ,I-:.r ',.. -ss.,wf �•P�"+�.i' Cr N;,id'.�-'tr�'rr.;�i'<_-I
. �• �,v .klf4 yis"MSt'�k=tr'
I-ti �• (�-x� ;, ie'1`RL� d„•1>-YV.,�.v _ `^'L.td:�.v
h h j'� 1 k I If�� . •�,-5v� �I � �V� 1 r � ,� C`•� .-1 t �-w� a
f �' •- r �� ,�`'.1 �� Y it ..y,�� ly-�}4r bra-`, -q l�S�. .: T,�s �'�� l� � y,.. i i jl
r ,- Nki r r i
a`-
a .' -;Jew �n� rs„ :Vr- ., ."' Y� •, :�--"'^'
' "•� � h,. w ''l�'+-` �C +�fi-A ,� �+ 1 b 11 roc, ,;k r'"1'""
w�� ��fi1 — •7^r% 4 'r It zr �ti rf� 'fi-'�
_ ' < � � `5?I`�" ? ; � J' • �^ � ' ,may -- `x 9 { ;�`.�.. -
tjN ..
t y
, I I Y,• U jh.. _ - T -,� � _ �` 4SeC�t ;+�IIH 1' '
I - , r~ r ii i � 1 7t.u[� . , �If� !rry�4�1 � 1 'S� ,'�F. 4��1. -� ` .�• III
dl' h + . w,r r vIF J� j'o '..��5iIr� ��'�� f �'Y4#�'� �~iwr,•� r �4 �fL1 fu.
� L.,�,.� mac• K- 1
i•� ids
'1 Z 3 r 'ti aJp�
1 IIL l I I .���^ p- .IG.a.�•�:,. Lt� F��S�'1 � v -
-.1'uf ti N e ..
a II
. t `� }-1 :iY +t 1 r-� (�,1. •� {':a rrw^I,kVc i . • . _
['
t, s. 1,• r,� 1
.`.'�
Unh`-- r r n r i'�j�—
� L , 1"f Jd,l Y,�l ,��� •�,,m1�! yI�R I.l���r �� 11 1� �4tg 1 J x•_J2 e• r l))� '
Sl.r :.1 r�r {e 1 �r�IC� -�j r•... S
F i
f4�
a1��tIY 1 x rl i Y.I$e'orr 't I
Y } �I... t 1 ' I" ,� II�Iy1 �� �pr,i t��r` _�.•S� ` � [� t 4�f .� �'k� '
, i i.. i'-": II'_ >, iti• .`i'� A( '"+r iF Ar{j - '�i�`: � rrx� i' sk t,,l i,��j i:.t ?-(�_ i
.IR .•-nt7 r 4'ti tX.ti' a �i' � Y
u �! >•il r EyyrNy �Jc'r i`�+��� is • ?
y.''{i ''4r{tilSt
r ! F_._ i Zi � f 1, 1 J �.��r •aJ'1P41 �� � ���7'f' � 'r �.,� i.l<�1�'�lf.t :iel
- l[r I � , ✓I r �r 4.` Tr�7 ' y� �' '-kr rM..z E�"r �.-F4�31� _
_ �2L r- _ N' �tt ,R�y k�e���_,r�:uCi1 y .�� � ��`S+>A•I _
pl - ci ..• t � ^n"'tcf '[l';i�-�^�!��7p �1-�)•. A f�.'�.� t 'it�,h� 1.{- v .! II lJ� �+' 1
fit , `,
' �_ � �- '�' _ � -,{• tl i=j�� xi��7.� jr��l�r_ sxq J it����f-��. )'��. r �
r r ISY i ly l +7'L III Ci •'Ci ��. _ A Gu?'1? _.7 r'k �_ •`k
Xee 1Srt_-µ,me 'S.a� 1r'#1�`'T►'
� t.l .� s� Ki •1 , 1
', I'• I i y _. � ' , 1.w � tiv { � r � ,�Lx ems- _ I r .i1 I`�Y,�.�,4'� �' ;
1 .a !. �; 1 h+ y .-"' r .'`C 1.d r, •i r�(tli + F ff�.(' •,y
i` _ I
OINMD
ENGINEERS • ARCHITECTS • PLANN 3iS
July 26, 2006
Mr. Mark Allen
Park Construction Company
500 73rd Avenue Northeast, Suite 123
Minneapolis, Minnesota 55432
Re: Directional Boring Extra Costs
Tablyn Heights — Watermain Extension
City of Lake Elmo, Minnesota
=A Project No. 13524.000
Dear Mr. Allen:
In response to your letter of July 24, 2006, we have determined the following:
EEIE
�U��
1500 Piper laffray Plaza
444 Cedar Street
Saint Paul, MN 55101-2140
(M) 292-4400
(651) 292-00S3 Fax
www.tkda.com
The City has requested that you stop dumping excess drilling fluids on park property located off
26th Street. The specifications designated this area for the stockpiling of reclaimed aggregate material only. No
other use of this site was. given in the specifications (Section 01010-2.D). The fact that the City allowed the
storing of equipment and watermain materials should not have been construed as percussion to dump excess
drilling fluids there. The fact that your subcontractor continued to dispose of material there, after being specially
asked not to dump there, resulted in the enforcement action being taken.
The specifications specifically call out that the contractor is responsible for disposal of drilling fluid and spoils
(Section 02665-3.08). This is notice that the City does not want ownership, either temporarily or permanently, of
these materials.
Only the City Council can approve a change order for additional costs on this project. They do not meet again
until August 3, 2007. You may ask for additional compensation at that time, however, the City staff will not be
supporting your request.
We will remind you that the completion dates for this project are very important. We would not like to see the
project delayed as a result of your misinterpretation of the plans and specifications. If you fail to maintain
adequate progress on this project, we will notify your bonding company and terminate this contract for cause.
Please call me if you have any questions at 651/292-4463.
r
Thomas D. View, P. E.
Project Manager
TDP:cme
Enclosure
cc: Marty Rafferty
Jerry Filla
An Employee Owned Company Promoting Affirmative Action and Equal Oppordtno
RECEIVE
July 26, 2006
City Council
City of Lake Elmo
3800 Laverne Ave
Lake Elmo, MN 55042
Re: Tablyn Park -Lake Elmo Heights Watermain Extension
TIDA Project No. 13524.000
Park Construction Project Number 0612
Subject: Directional Boring Extra Costs
Dear Council Members,
On Friday, July 21, 2006, our directional boring contractor, EBI Drilling, Inc, was ordered to cease
operations by the City of Lake Elmo. This order was enforced by the Washington County Sheriffs
Department and citations issued to both Park Construction Company and EBI for " Nuisance
Disposal" in reference to the stockpiling of EBI's drilling mud. Per the Lake Elmo Municipal Code,
Section 1135.08: Nuisance Disposal is defined as being "...unlawful to dispose of any liquid or
solid wastes when the result of such disposal shall be a nuisance, a source of filth, a cause of
obnoxious odors, or a cause of sickness."
The order to cease and desist and the citations were issued due to a misunderstanding as to the
nature of the work being performed by EBI. There was no disposal of any liquids. The drilling
mud was being stockpiled in earthen containment cells as shown in the accompanying photo. These
cells are approximately T-0 deep, designed to hold up to 2'-0 of drilling mud. This will allow the
material to dewater through evaporation and allow for easy disposal of the solids off site as part of
our means and methods. This is simply a storage of material in an area designated by the contract
documents as a stockpile area.
The drilling mud is a betonite product, Bore -Gel manufactured by Baroid Industrial Drilling
Products. As contained by the earthen cells, it neither a nuisance nor a source of filth. It has no
odors and has no properties that are deleterious to the health of the public.
Section 01010.3: Contractor Use of Premises states that "The contractor's operations shall be
confined to the areas covered in right-of-way and easements granted to the Owner." The title sheet
of the drawings shows a "stockpile site". This stockpile site is the area being used to stockpile the
drilling mud as well as the reclaimed Class 5, materials, and equipment. There are no stipulations
in the contact documents limiting the use of this area. For the Owner to add restrictions on the use
of this stockpile site after the project was awarded is a change in scope.
Due to these changes, there will be extra costs incurred by both Park Construction Company and
EBI Drilling, Inc. These will include, but are not limited to, a vactor truck(s) and operator,
500-73rd Avenue NE • Suite 123 eaa
Telephone 763.786.9800
Minneapolis, MN 55432 Fax 763.786.2952
Established in 1916 An Equal Opportunity Employer
additional hauling, and extra disposal costs. An initial estimate of the additional costs is between
$50,000.00 and $200,000.00. "I'hese extra costs will be billed as time and material and a change
order for such will be submitted to the Owner.
Park Construction Company attempted to discuss this issue in good faith with the Owner before it
escalated to this level, but the Owner refused to do so.
It therefore behooves the Owner to understand the difference between disposal and stockpile and to
realize that any restrictions added after a project is bid and awarded are considered changes. He
further needs to rescind the citations and have all records of such expunged.
Park Construction Company would like to have the opportunity to present this issue to the Council
and reach an agreement beneficial to all parties.
If you have any questions, do not hesitate to contact us.
Sincerely,
Project Manager
763-717-6208 Direct
612-770-2383 Cell
mallen@parkconstructionco.com
1
f
j j
ari
J
1
,�m�pE
JUL.26.2006 11:58RM EBI - N0.767 P.2
R�113919:
lhfas trnu
SPECIALISTS M HORMONTAL DIRECTIONAL DRILLING
5410 MMONT STREET DULUTH. MN 55807
218.629.0454 PHONE 218.628.0455 PAX
July 26, 2006
City Council
City of Lake Elmo
3800 Laverne Ave.
Lake Elmo, MN 55042
RE: Request to be placed on the agenda for the August 2, 2006 meeting
Dear Council:
EBI Drilling (EBI) requests to be placed on the agenda for the upcoming August 2, 2006 meeting
ofthe City Council ofLake Elmo. EBI-wishes to present to the City Council, an issue that has arisen
with the Tamblyn Park/Lake Elmo heights water main proj act. EBI has been officially notified that
the Stockpile Site as denoted on the plans (see attached) is not available for EBI to utilize during the
course of working on the project. EBI bid the project with reference to the information contained
in the Summary of Work Section 01010 Item 3 (Contractor Use of Premise) where "The contractors
operation shall be confined to the areas covered in the right of way and easements granted to the
owner" The Stockpile site as noted is part of the easements granted w the Owner. With no access
granted to EBI to use the Stockpile Site the scope of work has significantly been altered then that
contained in the Project Specifications and therefor results in a change in the contract condition.
This change in condition is and will result in additional unanticipated costs. A change order for the
project will be submitted to the City for approval to cover any/all increases in costs.
EBI would appreciate the opportunity to address the City Council directly regarding this matter.
Please call either Terry at (218) 522-0040 if you have any questions concerning this request and to
let EBI know the agenda for the August 2, 2006 meeting.
Sincerely,
��^--
e /!L,lcry
C /James R. Warren
Office Manager
YOUR COMPLETS CONTRACTOR SERVICES COMPANY
DircWcnal drilling fa sewer, way & ps roams. D=o1hi=. Wvfland srlvi=
JUL.26.2806 11:59AM EBT NO.767 P.3
Lake Elmo
Agenda Section: CONSENT AGENDA
No 4B.
City Council
August 2, 2006
Agenda Item: Request for Meehan Family for an Extension of Time to Record Final Plat
Torre Pines was given preliminary plat approval July 1998, and final plat approval for all but three lots in
September 1998. The City was informed at that time that Mr. Meehan would continue to live in the existing
home on the 10 acres, and that the final plat for these four lots would not be done at this time. The Meehans
are requesting another one-year extension. Our code allows for this extension, but requires Council
approval on a yearly basis.
The staff has no concern with this request and supports the following action.
Action Items:
Person responsible:
Motion: , Second , to grant the Meehan's a one-
S. Lumby
year extension of the Final Plat of Torre Pines, specifically the
parcel now shown as Lot 15.
Attachments:
Time Allocated:
Letter from Meehan Family
�:�;:; _
-' ��.
__� - t-� / i ,�
_ J,,:� �_ 11 J ��� _� Vl1.G
1. �..
740 Marshall Avenue RECEIVED
St. Paul, MN 55104 JULl e
July 15, 2006
Martin Rafferty
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Dear Mr. Rafferty,
I am writing to you on behalf of my brothers and sisters to request our annual extension of our
final plat for the James Meehan property in Lake Elmo.
We still have the semi -trailer storage in existence, but it is nearing its final days. Just a few
more pieces of landscaping equipment have to be removed and we can take it apart. It is amazing
that it is more difficult to remove something than to acquire it in the first place.
Sincerely,
Oacia Me
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-074
A RESOLUTION APPOINTING ELECTION JUDGES FOR THE
2006 PRIMARY AND GENERAL ELECTION
WHEREAS, the City of Lake Elmo is dependent upon and appreciative of citizen
assistance for its election process and,
WHEREAS, the Lake Elmo 2006 Primary and General Election Judge
appointments consists of individuals recommended by the City Clerk with the approval of
the majority of the City Council.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Council
do hereby approve the following appointments for the 2006 Primary and General Election
Judges and set the wages for their services at $11.00/Hour to the Head Judges,
$10.00/Hour Assistant Judges and $9.00/Hour to all other judges.
Precinct LJoyce Mehsikomer, Jim Beers, Don Meyer, Audrey Olsen, Betty Herzfeld,
Michelle Deziel, Bruce Weeks, Violet Wagoner, Florence Bergloff, Diane Allen, Paul
Ryberg, Carol Crimmins, Tom Walker, Gloria Knoblauch, Budd Schneider, Jim Allen
Jan Krueger, Jim Roth, Linda Wagner, Vicki Bias
Precinct 2: Nancy Hansen, Eloise Evenson, Wil Hirsch, Wendy Loos, Jackie Pierre, Pat
O'Donnell, Joseph Dardis, Phyllis Paulson, Karen Meister, Ruth Pallmeyer, Keith Bogut,
Barb Holm, June Brogren, Kathy Lohmer, Barb Kiesling, Loren Johnson, Suzanne
Haugen, Ginny Johnson, Dick Johnson, Debbie Dean
ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO
THIS 2ND DAY OF AUGUST, 2006.
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
1 ` A
, -fir � y ' 1 �•°`r - r7p'i _fC r ! � }F '{i. j�y
I ! �
Y l
l >� >i1 / . c +: Sr.,r •'fir c :y_ cy
s SIC + •`� Ito iiH_ ' a - . �� r ' �) � 6 s �p
t ✓ a 'T y ��
It
Eck.
17
• f 16 _� r i -+ �{ i� � T y���r ">�" yr.
3�
I
s..��1-
Qp
'E 2 , r- r'� f �. '�iki tit .• "C�1•6i ,�J l �� :��I t�A�� '9-�'ly
rlol
ri}.II.
rt4 ^aly Pam"--- a51 .�1 `yul�r i:l uriF n
r-u 1 ra '> 'n t. ✓ I I � rl �}r�l�) � �V � z'1-01.�r�- rT195 �[�.
12 I. SV- fit -kt i,ai
}ir.
+fFri:W ✓ i+ �� i Y� ; 44 P �� r { r 7 t
f4.1
%3"L���Fr�
It
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006-075
A RESOLUTION AUTHORIZING APPLICATION AND PRIMARY CONTACT
PERSON FOR MN/DOT COMMUNITY ROADSIDE LANDSCAPING
PARTNERSHIP PROGRAM
WHEREAS, the City of Lake Elmo will act as the sponsoring unit for the project
identified as State Highway 5/Carriage Park Landscaping Project on the state trunk
highway 5 to be conducted during the period August through November.
WHEREAS, Anne Smith is hereby authorized to apply to the Minnesota
Department of Transportation for funding of this project on behalf of the City of Lake
Elmo.
ADOPTED BY the Lake Elmo City Council on the 2nd day of August, 2006.
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
I certify that the above resolution was adopted or approved by the City Council of the
City of Lake Elmo on August 2" d, 2006.
Signed:
(signature)
(title) (date)
1. i
qE)
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-080
A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS
2006 MSA RE -SURFACING
(45`h Street, Julep Avenue and 47th Street)
WHEREAS, the City Engineer has prepared plans and specifications for the 2006
MSA Re -SURFACING (45 Street, Julep Avenue and 47rh Street) and has presented
such plans and specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE
ELMO, MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made a part
hereof, are hereby approved.
2. Th City Clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such
improvement under such approved plans and specifications. The advertisement
shall be published for two weeks, shall specify the work to be done, shall state that
bids will be opened and considered by the Council at the September 5, 2006
Council meeting, in the Council chambers of the City Hall, and that no bids will be
considered unless sealed and filed with the clerk and accompanied by a cash
deposit, cashier's check, bid bond, or certified check payable to the clerk for 5% of
the amount of such bid.
ADOPTED BY THE COUNCIL this 2nd day of August, 2006.
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
�/A
Date
2007 Budget Calendar
Description
6/21/2006
Draft Budget Package Distributed
6/26/2006
Budget Strategy Meeting with Dept. Heads. Budget Package (with Y-T-D expenditures)
submitted to Dept. Heads.
7/07/2006
Department Heads to return completed requested Budget Packets
7/12 — 7/14
Budget review with Dept. Heads, Administrator, Asst. Administrator & Finance
Director
7/19/2006
Proposed Budget to Dept. Supervisors for Final Comments
8/08/2006
Workshop with Council Committee -Proposed Budget
8/22/2006
Workshop with Council Committee -Pro posed Budget
9/05/2006
Proposed Budget to City Council For Adoption by Resolution & Property Tax Levy
9/13/2006
Proposed Budget (adopted by Resolution) & Proposed Property Tax Levy Certified to
the County. Certify Hearing(s) Dates.
11/18/2006*
Publication Notice for Truth n Taxation
12/04/2006*
Truth n Taxation Hearin 7:OOPM 3800 Laverne Ave (Council Chambers)
12/11/2006*
Truth n Taxation Hearing Continuation (If Necessary) 7:OOPM 3800 Laverne Ave
(Council Chambers)
12/19/2006*
Adopt Final Budget & Certify Levy by Council Resolution
12/27/2006*
Final Levy certified to the County & Adopt Final Budget
* Tentative Dates. (State & County schedule dates notpublished).
7/27/20
YyF r y, }•1>F'IJ... r t 1 i1K� , I �. -`jl�l1'roff
r
' .'�cw '� q - ? -mot&
hey. r
�i'• •i �t _ 4`' i•#: �yf,1 t ►� a Nr rl ° i � I,. I—
�'
K t �� -r _ „?r..� -_ :+ t t y. •Y ,Z�'��.A-�3- 1, I Sf) nr {�
` ; Y � �_' .'.f�R.•A'1 Ilf ^ I ', S. ry � II `�• -. Y 'F 'IL
IU � P I� n'.L . � Y✓H.� 3 �jl �+IM�-� .. _ IL .]� � A I ^,I ''- )f -
417
11.j1}:yJ t �r f y a r. �•��.�, • y:1 ' , _
"1�� �r � �,�Yr x •1 ��!!- ii Tr��� � t'Y_' F � 1�1. n �- r _- � �Jr C� ..%
1�I�.�Lv - n�.?-' S r� r t� .� '�'I' t • I 1 j r 'tp I _t
''�j 4 •.��T` l '�-_irs � J:x -1 �. II �_���rr a, r I
=iv4{�i `: � . � �. - k Ny�l � j r - •. I f '. t
�, �S�Y. [%' f✓: --.ice f I - • - - !,wc.
YY �n
zYY �w fix, � �• �, ' '- —
ji
llN r I
" ci arc �iF� -i•` t - , - _ _ y ,t` ,..
Jl-tr
J �
! r
L� If. a .yi
-�^ Fjyc -� --77• -Ti hY(
goge<a
S I
t! �k
I. 12,
��.. 14•.�r.�
'.rpN�"F'S+'_ 4i•. ,�af �4, t��l I,.r i.ivb i. 1„~t --+� n:''y�'
r`— - M
�y1�. � ! �J4Y 1�1 tC _ I J. 51. �� �l •• r 1j
f • t � -.viF niit Y 1 i�•:
i .- _ '4 ?• �'+JJ -�..�"fr ''ark = y` .: F �IL� t � iF:11_ � - ,. t.
i p 2.. I r. � _dl, '�- , it � ~ t + u f i l I •,
Jf 3�Y�� �_, ��, x,� IL7' � " y a- I} ��T 'a - e •'1:
I'k1 i4nr ,u��r.>�, ;t a t I I� • � t `il.ai �:
•lY � ' i b t Y ,�y�_
r t rNr�n-ic Y r '•>3'•X f 5�'' 7
al
I �• y� �Y.+� v y =.I.I. r� 1�) Lyc �F{'tir! n rL
Lake Elmo
Agenda Section: Maintenance/Park/Fire/Building
No. 9A
City Council
August 2, 2006
A enda Item: Park Plan System Update - Consultant Selection
Background Information for August 2, 2006:
The Park Commission interviewed 3 consulting firms on July 17, 2006. The Council had been also invited
to participate in the interview process. At a Special Park Commission meeting July 25, 2006 the
Commission unanimously (of those voting) adopted a recommendation to the City Council that the firm
TKDA be contracted to complete the update of the 1990 Park System Plan. The attached Resolution
confirms the Commission's recommlendation and authorizes the Mayor and City Administrator to execute
the appropriate contract for services with TKDA.
Person responsible:
Action items:
Motion to adopt Resolution #2006- approving the selection of
City 1'l�anner
TKDA as consultant for the Park System Plan Update, and
authorizing the Mayor and City Administrator to enter into a
contract for services.
Attachments:
Time Allocated:
1. Draft Resolution #2006 - 0-19
Note: Proposals of each of the 3 finalist consulting firms have
been provided to the Council earlier.
_
lx K I 1�ll�` 1 r
r 4.I�if}.
r
i `.le IT
ti rti t I
lE
I'
sWof fey
�
irr�AyM1� CC ..
1 r .
ly J
i >
g L
nlli y.�,lf
l� Inr1� t
F •t
if
I.
- Y � FTC-"�{{. r i[.� _ _- J Jt .� )4 Z A � •l --.. �nZ-1 1'1
� ti•cf'I t r r'\ r I�.. � I. � '
.i
"'� )f Jl \ y �n, y u �� li n_.a-+V►rry � 1 I
-
�+" L .
I- I� • I '�'t R� J - i 1 � /4°�1` f J � .Z l'r-Lr u -
ci
EN
l v a L
a
Aq
CITY OF LAKE ELMO
WASHINGTON COUNTY. MINNESOTA
RESOLUTION NO.2006-079
A RESOLUTION APROVING THE SELECITON OF CONSULTANT
FOR THE PARK SYSTEM PLAN UPDATE
WHEREAS, the City of Lake Elmo sent out invitations to six consulting firms for
a proposal for the Park System Plan Update;
WHEREAS, on July 17, 2006 the Lake Elmo Park Commission interviewed the
three finalists consulting firms;
WHEREAS, at a Special Park Commission meeting on July 25, 2006, the
Commission unanimously adopted a recommendation to the City Council that the firm
TKDA be contracted to complete the update of the 1990 Park System Plan.
WHEREAS, on August 2, 2006, the Lake Elmo City Council confirms the Park
Commission's recommendation and authorizes the Mayor and City Administrator to enter
into a contract for services with TKDA as consultant for the Park System Plan Update.
ADOPTED by the Lake Elmo City Council on August 2nd, 2006.
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
11135.06-3
01
OFFER TO PURCHASE
RIGHT OF ENTRY
1.0 PARTIES. This Agreement is dated the _ day of , 2006 and is entered
into by and between the City of Lake Elmo, a Minnesota statutory city (the "City")
and Richard Bergman and Eileen Bergman, husband and wife (collectively,
"Grantor").
2.0 RECITALS.
A. Grantor is the record fee owner of the following described real property
situated in City of Lake Elmo, County Washington, State of Minnesota (the
"Property"), to wit -
Section 1, Township 29, Range 21, all that part of the
Northeast 1/4 of the Northwest 1/4 and all that part of the
West 1/2 of the Northwest 1/4 of the Northeast 1/4 of
Section 1, Township 29, Range 21 described as
follows: Commencing at the Northeast corner of said
West 1/z; thence South 01 degrees 09 minutes 00
seconds East along the east line of said West 1/2 293.43
feet to its intersection with the southerly right of way of
Highway #36; thence South 88 degrees 57 minutes 44
seconds West along said southerly road and west
557.70 feet to the point of beginning; thence South 01
degrees 09 minutes 00 seconds East and parallel with
said east line of the West 1/2 of the Northwest 1/4 of the
Northeast 1/4 a distance of 360.83 feet; thence South
82 degrees 28 minutes 34 seconds West a distance of
318.69 feet; thence westerly and northwesterly a
distance of 333.51 feet along a tangential curve to the
right half having a radius of 197.62 feet and center
angle of 96 degrees 41 minutes 43 seconds; thence
North 00 degrees 49 minutes 38 seconds West,
tangential to said curve a distance of 199.75 feet to its
intersection of and West of said southerly road and west
of 60`h Street North; thence North 88 degrees 57
minutes 44 seconds East along said southerly road and
west of 60`h Street North a distance of 535.14 feet to
the point of beginning.
B. The City wishes to acquire a permanent easement over, under and across the
following portion of Grantor's Property (the "Easement Area") in order to
construct water main improvements:
Insert legal description for easement
C. The City has obtained an appraisal of the value of the Easement Area which
is attached hereto; and hereby offers to acquire the Easement Area for the
City's appraised value, subject to the terms of this Agreement.
3.0 TERMS AND CONDITIONS. In consideration of the mutual undertakings herein
expressed, the parties agree:
A. Grantor Authorization/Obligations.
1. Grantor hereby authorizes the City, its contractors and employees to
enter upon the Property for the purpose of constructing the water main
improvement.
2. Grantor shall provide the City with evidence of title for the Property
consisting of an abstract of title, a title insurance commitment or other
evidence of title satisfactory to the City's attorney.
3. After the City has had an opportunity to review evidence of title and
prepare appropriate documents, the Grantor shall execute a
permanent water main easement in substantially the form attached as
Exhibit A attached (the "Grant of Easement").
B. City Authorization/Obligations.
1. The City shall examine title as it deems appropriate and shall prepare
and record the Grant of Easement at its sole cost.
2. Upon receipt of a properly executed Grant of Easement, the City shall
pay Grantor the sum of $6,022.00.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day
and year set forth above.
CITY:
CITY OF LAKE ELMO
2
Dean Johnston
Its: Mayor
GRANTOR:
Richard Bergman
Eileen Bergman
STATE OF MINNESOTA )
COUNTY OF )
On this _ day of , 2006, before me, a notary public within and
for said county, personally appeared Dean Johnston, to me known to be the Mayor of the
City of Lake Elmo, and he executed the foregoing instrument and acknowledged that he
executed the same by authority of and on behalf of City of Lake Elmo.
Notary Public
STATE OF MINNESOTA )
COUNTY OF )
On this _ day of , 2006, before me, a notary public within and
for said county, personally appeared Richard Bergman and Eileen Bergman, husband and
wife, who executed the same of their own free hand and will.
F:\users\JaniceVerry\LE1Bergnan Offer to Purchase- Right of Entry.doc
Notary Public
3
EXHIBIT A - DRAFT
DO NOT EXECUTE
11135.0E-3
01
GRANT OF PERMANENT EASEMENT
Richard Bergman and Eileen Bergman, husband and wife ("Grantors") represent
that they are the record fee owners of the following described real property situated in
Ramsey County, Minnesota (the "Property"), to wit:
Section 1, Township 29, Range 21, all that part of the Northeast 1/4 of the
Northwest 1/4 and all that part of the West 1/z of the Northwest 1/4 of the
Northeast 1/4 of Section 1, Township 29, Range 21 described as follows:
Commencing at the Northeast corner of said West 1/z; thence South 01
degrees 09 minutes 00 seconds East along the east line of said West 1/2
293.43 feet to its intersection with the southerly right of way of Highway
#36; thence South 88 degrees 57 minutes 44 seconds West along said
southerly road and west 557.70 feet to the point of beginning; thence South
O1 degrees 09 minutes 00 seconds East and parallel with said east line of
the West 1/z of the Northwest 1/4 of the Northeast 1/4 a distance of 360.83
feet; thence South 82 degrees 28 minutes 34 seconds West a distance of
318.69 feet; thence westerly and northwesterly a distance of 333.51 feet
along a tangential curve to the right half having a radius of 197.62 feet and
center angle of 96 degrees 41 minutes 43 seconds; thence North 00 degrees
49 minutes 38 seconds West, tangential to said curve a distance of 199.75
feet to its intersection of and West of said southerly road and west of 60th
Street North; thence North 88 degrees 57 minutes 44 seconds East along
said southerly road and west of 60th Street North a distance of 535.14 feet to
the point of beginning.
For valuable consideration, the receipt of which is hereby acknowledged, Grantors
hereby convey to the City of Lake Elmo, a Minnesota statutory city, its successors and
assigns (the "City"), a permanent easement for the construction, maintenance, operation,
inspection and repair of a water main easement and public utilities; together with a
permanent easement for ingress and egress, at any and all times, with all machinery, tools,
equipment, vehicles and materials necessary for the aforesaid purposes, over, under and
across the following described portion of the Property:
Insert legal for easement
IN WITNESS WHEREOF, the Grantors have hereunto set their hands.
Richard Bergman
Eileen Bergman
STATE OF MINNESOTA )
}
COUNTY OF )
On this _ day of , 2006, before me, a notary public within and
for said county, personally appeared Richard Bergman and Eileen Bergman, husband and
wife, who executed the same of their own free hand and will.
Notary Public
This Instrument was Draft by:
Peterson, Fram & Bergman, P.A.
Attn: Jerome P. Filla
50 East Fifth Street, Suite 300
St. Paul, Minnesota 55101
(651) 291-8955
FausemNhmceUerry\LE}Grant of Easement - Bergman.do
11135.06-3
02
OFFER TO PURCHASE
RIGHT OF ENTRY
1.0 PARTIES. This Agreement is dated the _ day of , 2006 and is entered
into by and between the City of Lake Elmo, a Minnesota statutory city (the "City")
and Richard Bergman and Eileen Bergman, husband and wife (collectively,
"Grantor").
2.0 RECITALS.
A. Grantor is the record fee owner of the following described real property
situated in City of Lake Elmo, County Washington, State of Minnesota (the
"Property"), to wit:
Section 2, Township 29, Range 21, all that part of the
West 1/2 of the Northeast 1/4 of Section 2, Township 29
North, Range 21 West, Washington County, Minnesota,
described as follows: Commencing at the intersection of
the easterly line of said West 1/2 of the Northeast 1/4
with the southerly right of way line of Minnesota Trunk
Highway Number 36 as located and traveled and
monumented; thence southerly along said easterly line
760 feet to the point of beginning of the parcel being
described; thence westerly and parallel with said
southerly right of way line 569.35 feet; thence northerly
and parallel with said easterly line 760 feet, more or
less, to said southerly right of way line; thence westerly
along said southerly right of way line 750.61 feet, more
or less, to the westerly line of said West 1/2 of the
Northeast 1/4; thence southerly along said westerly line
2454.26 feet, more or less, to the southwest corner
thereof; thence easterly along the southerly line of said
West 1/2 of the Northeast 1/4 1323.73 feet, more or less,
to the southeast corner thereof; thence northerly along
said easterly line of the West 1/2 of the Northeast 1/4
1695.95 feet, more or less, to the point of beginning.
B. The City wishes to acquire a permanent easement over, under and across the
following portion of Grantor's Property (the "Easement Area") in order to
construct water main improvements:
Insert legal description for easement
C. The City has obtained an appraisal of the value of the Easement Area which
is attached hereto; and hereby offers to acquire the Easement Area for the
City's appraised value, subject to the terms of this Agreement.
3.0 TERMS AND CONDITIONS. In consideration of the mutual undertakings herein
expressed, the parties agree:
A. Grantor Authorization/Obligations.
1. Grantor hereby authorizes the City, its contractors and employees to
enter upon the Property for the purpose of constructing the water main
improvement.
2. Grantor shall provide the City with evidence of title for the Property
consisting of an abstract of title, a title insurance commitment or other
evidence of title satisfactory to the City's attorney.
3. After the City has had an opportunity to review evidence of title and
prepare appropriate documents, the Grantor shall execute a
permanent water main easement in substantially the form attached as
Exhibit A attached (the "Grant of Easement").
B. City Authorization/Obligations.
1. The City shall examine title as it deems appropriate and shall prepare
and record the Grant of Easement at its sole cost.
2. Upon receipt of a properly executed Grant of Easement, the City shall
pay Grantor the sum of $20,480.00.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day
and year set forth above.
CITY: CITY OF LAKE ELMO
GRANTOR:
0
Dean Johnston
Its: Mayor
Richard Bergman
2
Eileen Bergman
STATE OF MINNESOTA )
COUNTY OF
On this day of , 2006, before me, a notary public within and
for said county, personally appeared Dean Johnston, to me known to be the Mayor of the
City of Lake Elmo, and he executed the foregoing instrument and acknowledged that he
executed the same by authority of and on behalf of City of Lake Elmo.
Notary Public
STATE OF MINNESOTA )
COUNTY OF )
On this day of , 2006, before me, a notary public within and
for said county, personally appeared Richard Bergman and Eileen Bergman, husband and
wife, who executed the same of their own free hand and will.
Notary Public
F.WsersVanice\Jerry\LBRergman Offer to Purchase - Right of Entry-2.doc
3
EXHIBIT A - DRAFT
DO NOT EXECUTE
11135.0E-3
02
GRANT OF PERMANENT EASEMENT
Richard Bergman and Eileen Bergman, husband and wife ("Grantors") represent
that they are the record fee owners of the following described real property situated in
Ramsey County, Minnesota (the "Property"), to wit:
Section 2, Township 29, Range 21, all that part of the West 1/2 of the
Northeast 1/4 of Section 2, Township 29 North, Range 21 West, Washington
County, Minnesota, described as follows: Commencing at the intersection of
the easterly line of said West 1/2 of the Northeast 1/4 with the southerly right
of way line of Minnesota Trunk Highway Number 36 as located and traveled
and monumented; thence southerly along said easterly line 760 feet to the
point of beginning of the parcel being described; thence westerly and parallel
with said southerly right of way line 569.35 feet; thence northerly and
parallel with said easterly line 760 feet, more or less, to said southerly right
of way line; thence westerly along said southerly right of way line 750.61
feet, more or less, to the westerly line of said West 1/2 of the Northeast 1/4;
thence southerly along said westerly line 2454.26 feet, more or less, to the
southwest corner thereof; thence easterly along the southerly line of said
West 1/2 of the Northeast 1/4 1323.73 feet, more or less, to the southeast
corner thereof; thence northerly along said easterly line of the West 1/2 of the
Northeast 1/4 1695.95 feet, more or less, to the point of beginning.
For valuable consideration, the receipt of which is hereby acknowledged, Grantors
hereby convey to the City of Lake Elmo, a Minnesota statutory city, its successors and
assigns (the "City"), a permanent easement for the construction, maintenance, operation,
inspection and repair of a water main easement and public utilities; together with a
permanent easement for ingress and egress, at any and all times, with all machinery, tools,
equipment, vehicles and materials necessary for the aforesaid purposes, over, under and
across the following described portion of the Property:
Insert legal for easement
IN WITNESS WHEREOF, the Grantors have hereunto set their hands.
Richard Bergman
Eileen Bergman
STATE OF MINNESOTA )
1
COUNTY OF }
On this day of , 2006, before me, a notary public within and
for said county, personally appeared Richard Bergman and Eileen Bergman, husband and
wife, who executed the same of their own free hand and will.
Notary Public
This Instrument was Draft by:
Peterson, Fram & Bergman, P.A.
Attn: Jerome P. Filla
50 East Fifth Street, Suite 300
St. Paul, Minnesota 55101
(651) 291-8955
F:\usersVaniceVeny\LE\Grant of Easement- Bergman-2.doc
Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9A
City Council
August 2, 2006
Agenda Item: Garage Forward of Principal Structure — 5487 Jamaca Avenue (Landsem)
Background Information for August 2, 2006:
The property owner has applied for a building permit to convert an existing attached 2 car garage to a living
area, and construct a detached 3 car garage nearer the front lot line than the principal structure (the house).
The subject site is a corner lot at 55th Street North and Jamaca Avenue. While the house fronts Jamaca, the
legal front of the parcel is 55`h Street north since that is the least length street frontage side of the corner
parcel. The house has been constructed well to the rear of the 1.3 acre site resulting with 125 foot set backs
to both Jamaca and 55th Street North and minimal (for the area of the site) east and south yards. The east
yard (legally a side yard) is essentially used up with an in -ground swimming pool, and the south yard
(legally the rear yard) is the location of the septic drain field. Short of covering the front face of the house,
there appears to be no option to accomplish the proposed improvement without the detached garage being
located nearer the legal front lot line (north) than the house. We note that, as proposed by the applicant, the
detached garage will set back from 551h Street North substantially further than set back of the house to the
east.
Impervious coverage of the site (including the proposed garage) at 15% remains well under the R-1
maximum of 25 %.
A resolution approving the location of the proposed detached garage nearer the front lot line than the
principal structure of the parcel is attached and is recommended for adoption.
Person responsible:
Action items:
City, Plann'r
7&
Motion to adopt Resolution #2006 - approving location of a
detached garage structure nearer the front lot line that the principal
structure at 5487 Jamaca Avenue per plans staff dated July 27,
2006.
Attachments: 0_1(
Time Allocated:
1. Draft Resolution #2006- Approving Garage Location
2. Location Map
3. Applicant's Documentation
-X rah rl7�t �'tir r"7•r. - _ �a-��. r=- - �� L�3�- rat. in
`lam
Yn
j7�+.
' �° �(p" v � r + '?r1 s "'a5_.'rat%�'� ,,�y°• r [ : r '� - I " '• �y ."! A r "yi -
"3 �, spa �� � '�' <t :� � � I.• _ 1r' � .` � ;. y�fj'.'��1,1
==�f•ii.•: •:. -cr��-��� Is� � �i"� ��• 3 - ^ _I fi J - - - +� J � ,r rsrtl �Ic :';'t:�1i,
'� �r rafl���,"4 fJ1 .(�C��' - {3,� ''} j�•Y(''F� ' I�+.. • _tir ?C{=. - - r �l i �i.F I �'-``99
r', I :•-^,-� �1�"�fj� SIP f,�,��.r. r � � .� �Sj if'�/ f '� I - - _ r '` - .: 7 � ��
_%,� ,� � ' �� . w-8+'r I.L .r r 4.`.:. _ _ I �Ff ;v.r �-•^S'-�l�Lf `'i'' c 1.
„ _ •� . iifLr`4a�N_t
��+ V ��:�1tt f_oY.i. �'. .r .Fl _r i IrrT'Fi �; .1.. i.. - ,:1�• ,-yam,- -
:_.
`�- tl
£" A
r f. ti or .ru r'J 4�i `{`fe- �:-.! }. '1 r � � Y - R•Y
I.-rY1`4•i-Aii� fFr•��'$�t ♦ter t i - ,'I _ - - - '..
J,s
E �k roe i' ..- .eaa,•1L'�I
`��� r y#� 2•'+�F; �61Z��w�"
7 -1. �• I.
li "'i'� r r�,ay' � Yr�stJll[ �..�1 l - .�, .- •,C •,�
Lwcq 1
� 4f"
4dru`� -iF,� ,mot''I 1 yt —!, F!L _ +�, t.. }i-u•'� Icy
pt
,�• • I. $ _ F rgg�s�r y I Imo' - .I S r ,# r
J� 1 1 Aj ++� I L' � i' r n ` � 5i•- II ryE' R' - _ - � i- t _ ... -, '.
r+,j-1'Ir r. it 3�i.,�yg I,{�� •,:. [ `4=� ry'�,,J} r P�. r I I < 'j+ - "�r ro +
�� �� �•!'�r r � ��,',i -1l h-•5 N I� ° �' n i '7� I 475� � 'f r - .!
� ••}. ,a•. try .I I'�..+ :� t 7r rr �I{",Il r { _ r �.
� P� 4 � w�n7.•�:..'C3r?� � Ff- u'i + �Ij.I •`> r . r _,.,' r,
_ �r�l�rz' �l;`�� W'��� 'ti �' '`• a ��`z�` T�s +1 A i i ,. , ff f,r, f r ,I...
�. �'s ' r tup+' ;YY` r '`Z'L '' Ir r � /1 � ,-: i• �.. 1- 1 t. r
L" y� iLI �, r •,1 r I
� i-•rl n� Kl2 lC. 1 r+�IS _ I . Vyf
�1��a stib • r % 1 { �IvY
j •.
r
1'�=i,�.L �[-]N��'�� }.�,.�• - f t � `art �1 L I -_ -
Ell
Y%1_ =4. rr , •'y,�G� �+ I I !� F' � L c 1� 2 ` .� I .t '�'Li' r _�_ , I
rg15-I -'gyp:'.- t yr i- ♦ - -
I�J�� v�r I ':�. � .y✓r� �Ir r_ 4 , l t I� cr rr,,
a-•+..: H' vim= PI'N- ., �+ 9jj{rlffl, �r �(- II ,..
541.•.J r. �.' - Erl y �f
oll��id i kt �2, .0 h�� e • .' 3.. : r - A A',�- ,~,� •.r _ x ..: _ s l�rl_
`Ftir� 7 _
I�••TT
4'
_ fir, l ', ++: !j•fK �k. I_ f y Ii ti� ' r.Ir n cT•i`�4 (�,� � y_ r.. �'- ,:
r 1 rr
.rt . r• i •!._r �-0�! - 'ili i- - ' i+M �ZLi 'r � i IL 4�, t _ t {T_g I � v
[.' `f 'rr� ri .� L -_:1 - ' •-ter `'' � � r°I11�t L r�
• _f 711 '�s+�}�r.! I^�3 t-`I'-�,4r� .�,o
W Jl y nrc..
i €�: � J,h1 I s t• 1
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006-076
A RESOLUTION APPROVING THE PLACEMENT OF A GARAGE
STRUCTURE IN FRONT OF THE PRIMARY STRUCTURE
AT 5487 JAMACA AVENEUE NORTH
WHEREAS, pursuant to Section 300.13, Subd. 31 of the Lake Elmo Municipal
Code, Bruce and Stephanie Landsem, the property owners, have requested approval to
place a detached garage structure nearer the front lot line than the principal structure at
5487 Jamaca Avenue North, in accordance with plans staff dated July 27, 2006.
NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of
Lake Elmo hereby grants permission for construction of a garage structure nearer the
front lot line than the principal structure at 5487 Jamaca Avenue North.
ADOPTED, by the Lake Elmo City Council on the 2nd day of August, 2006.
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
m1w p30W mw
IM I M�
-ff—T--7
MM
Vicinity Map
55th Str orth
Site
. F-I
ro
400
<
Scale in Feet
-------------
Location Map
� 1
`Y .
\..
To: Lake Elmo City Council
From: Bruce and Stephanie Landsem
5487 Jamaca Ave. North
Re: Proposed Resolution on Building Permit Application
Thank you for considering our proposal for a resolution concerning
our remodel plans.
We have lived in Lake Elmo since 1992. During that time we have
made many improvements to our home and property.
As the attached documentation shows, we are hoping to build a
detached, 3-car garage facing south and convert our existing
garage to living space. Since the garage will be detached we are
seeking a resolution on our permit to proceed with construction.
The reason for planning the garage this way is:
The topography of our lot makes it most feasible to position the
garage to the west/north of the house and closer to the road.
The slope on the northern side of our house will cause drainage
issues if the garage is moved east from its proposed position.
The current two car garage will be converted to a living room with
seating area, fireplace, and space for a piano. Please refer to our
site and elevation plans for details.
Thank you for considering our proposal.
Sincerely,
RECEIVED
ruce and anie Landsem
Landsem
House
189'-0° M2 5497 J me AW N
Lake Bm, Winnesota 55042
661 773 5598
1oD'-0°
---- —_
_.--�-._ RECE14E8
1 .:k,
81 0 l t
$'- - --- ------------ ----------- - -> 1 i
WEST ELEVATION 1 11 Rolf tote
AA=hitectuuM [n .
i
' 1 sgou� ra mu �a miw
1
� f i
��a.eryummrc
83 I''
t � s
EAST ELEVATION
� 1
1 -
91,--
NORTH NORTH ELEVATION
a
SOUTH ELEVATION
Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9B
City Council
August 2, 2006
Agenda Item: Section 520 Site Plan and Shoreland Variance — C&C North America
Backaround 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`h
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:
Person re nsible:
Motion to adopt Resolution #2006 - approving the Section 520 Site Plan
C' y ;1 n
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 6d' Addition.
Attachments:
Time Allocated:
1. Resolution #2006 — Approving Variance/Section 520 Site Plan
2. Resolution #2006 — Approving Final Plat
3. Planning Commission Minutes of July 24, 2006
4. Planning Staff report
5. Documentation and Graphics (Note Dates)
7 _ tSaP' w it • - G
�,.�W�y'r Its �• 41,]rb 'Y jt rT,'1�" 1• "` J.1 [ r `' �,,�'nI* ?.I
#.Y�' �dr � `, �"`{ '11 `•. ! I s�eVV�F , �'�� � I �± rrr .yLl -�-� ,? r •fit ��
�t�`S
r
lf
f•� Jf ire sa�•[t ' S I '` - I y� ,fit '{ UI J c
%zm
J
� ' $ � ti �li� 1 r1 .; .-7• j -+�J?',y ty l [ , I - S I� I_ _ t 1
'�.. 'i.,�.J �. 11 1 � I.I13' .�.�i �ir I,..it �. C Ya• l - _ • �: L L C
W-i
�'}! '4,.A�r�11�4 's� } �l ',r• - '- 1 r n I'...
" 4 •���> 1 � �y (II - _ r"/tY�9� 1,�-_'Lw{.. t l _ I -- I _ -- } � , ' � Jf �-
c �1.L jJ +1�, """f- ,Yak ��4n l�y 1 t- � !� - � ..., - •'7'' J•rr ,1t, 4 y
t x6r 'y�.a II't,�c+rt�.t.x{(_-9, fit'.^ ,�•�-. r ,, Ir :- t.. t_
� r `-r t� ��� P7•'G ,;7 € .��-'7'1Ir���.r y:r'f 1 � t I.
1'
i lne S '1
tr`�Y }f �J i.ry -Gl •,j.Iah�-`-•c - II • _ - I
"Y' _
�J YI {14.JM�tfxjtlr,.. kLar,'.Ilt 79 i .. a -:�' v tv�
II t�3`C- - t. xA4, -. 'N'a�` tik iJS'�T- rl. .- ya Ir �,
_1..._i,'Mtl �,jY'�11 I Cw "�'U'`�+ G•- .. �i�.l<4 J f �. 1•_
Ar�'d;pit
,.J I
r L ._I h ;J��/�'`� Jl 1,' .� �`:jM k tl, i J r I •_ f __ � ..r,
x I};raS a �•�� „� I Yi tis c x
'Sir
k *fx - y• 1 .� ,.
71 Ipr • T Vx�II;; ri�f ti +�+• f�► v'S�':, �L r{ tit' .. - �Qtt �' '
sI.v tf Y ill r ri OJT♦•f _ •,..JG iI �. I . '4` r n I
Il I
r., -..t mot, �y1�1,lF `fit -•`� �i }�' f rl .t , - �I' 4.
I .# fi}�C�yj•Jit•�,'t n �� J}��I�t tI11 Iyl 1 i t - -- i
NO
ro
�ta=jtt��_ IRn �If° .7 � • ,7§ ."` J,'„ .l � ��'f a �I tv.
f"
J� �T !i n�*'s-a ter �l, _ .•f•. ' N IJFa� J.� I - f)_ ,r'4 .���. i
IG Ia �: °� �`y��,'r�is yF r = � I�' I a % i �� - - J r `�1 i 1• i 4• ._ :`
}liy�r"�' J �vi���1'�JgO, r�f,•J� - i �L%y.,Y�� , t � � I _ ,; a r. �1' ✓+ ..- i�
[sfh
"i' f�Nfl sFY h pq 6� rf+ �I i w
-1"� A �`c 7 i r �`- r'� �.,'t;•^r,4ri t. tl � ,a,?�`' *'�rA�'�s-}. �. !'
,r I
IN
� t
City of Lake Elmo
Washington County, Minnesota
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.
I 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
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 2nd day of August, 2006.
Dean A. Johnston, MAYOR
Martin J. Rafferty, City Administrator
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006-077
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 her% approve and accept the Final Plat for EAGLE POINT
BUSINESS PARK 6 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 2nd day of August 2006.
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
Lake Elmo Planning Commission Meeting
EXCERPT Draft Minutes of duly 24, 2006
I
PUBLIC BEARING: 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
paz'king•
Scott-Wiesding, 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.
Nobody was present in the audience.
�YiIC �]a�.`-1�/1G>f[yl��l►�1'.��1i1'r�;14311Cy'sl_'.J.` s71,Cf%Mw�X/�UT�
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 duly 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.
MIS/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 duly 19, 2006, and require the 15 parking spaces on said plan along the west site
boundary be eliminated. Vote: 7:0.
Lake Elmo Planning Commission 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
nxtures 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.
Vote: 7:0.
LAKE ELMO PLANNING COMINUSSION
STAFF REPORT
Bate: 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 PIan
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 PUB 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.
o 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 (during PUD processing for Eagle Point Bus...dss 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 PtM 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
application was also made for Shoreland Overlay zoning variance. That application was made by
letter on July 7, 2006, which then becomes the date of receipt by the City of a "complete"
application.
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. Wbile 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 impervious surface including any prior agreements, a...i 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 ` T.LF.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 pales, if any) provide 1000/c 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.
It appears that the zoning ordinance provides for the City Council to, its discretion, waive or
modify the parking and drive OHW setback non-compliance. It is reasonable to assume, however,
that the Council wiU 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 Reciucsted:
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. Dillei ud, City Planner
Attachments:
1. Location Map
2, Applicant's Graphics
Chuck Dillerud
From: Travis Germundson [Travis.Germ undson@dnr.state.mn.us]
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
1
Kimberly Anez
From:
Travis Germundson [Travis.Germundson@dnr.state.mn.us]
Sent:
Thursday, duly 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.
To: Tim
From: Jennifer
Re: Lake Elmo Variance [Undue Hardship for Lot 1, Block 1, Eagle Point Business
Park 6th 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.
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.
AVEN79N.A;
�.�®STONE
366 Jackson Street, Suite 100 • St. Paul, Minnesota ^ Ph 281.494.7277 • Fx 281.494.7299 • silestone.com
*Ie>
C & C North America, fret.
Pursuant to Minn. Stat. §462.357, subd.5(2), an"undue hardship" is denned in
connection to granting a variance as "the properly 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 of.4diustment of the Citv 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 locality 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.
1W
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. Wiestlmg 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. I16'IPERVIOUSNESS
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.
0110'I PAVAN q1 FIN1011 GRADE
eAoe Aa xWvo
r®RAND
•'Tr-2'_ III- WRBI WtIGR
II I I��lII7T- 11 DWw c,Ra nRw
RLL FTP
Itli6N AfTA9 LLNEAQ ADJALENI PAM M
BLOPEO L IN
0�WtICR
KOpE RW.L BL VA' RR F tT AW4T
GUR5 a SUTTER
ww. arz
-
IWLva WILfYJL
Jawi
�IXMO LLNLK YV
- Wt6 WAlRA YIni
cnounNe.aa oeev
III=,1ll,;,IIIII
`
I I��11 I
t1 ,.
_ Rem cm
OlF®e6
u11ER
—RILW IED GRWL
WW. W A.All UERE....RI PAMINNI
eLOMD W Y FRl.'1 WRER - WTTER
BLOP2 e11A11. 8E W' RR FfMi A01>T
q3 C G GONG. UTALK
A-i.i ECALe� Id" o I'-m"
r
wlc. me.
n.e wAnef uvr+
L1Y dia.WLfR 0A96
r.n.
DWTROL bNi
I I IT,LI l,�l��l I1-1I =
eTw. JONTO °
vm'.m• oa IWL
I LI;
0b116EAM o� rD uocP Rn^m
opa.t rREr um oLav
F UWR O1 L
T UAV U.
MO 1- A 0
m
® is
S wx
V
C E
gp
=oR
n-
�g6� o
Elln
opm
F
® n W
J=
au =i
06
Go
Zo
t3 IL 5
069
�i m
s It role
SITE PLAN
SITE DETAILS