HomeMy WebLinkAboutFebruary 7, 2006 CCPMayor: Dean Johnston sake Elmo City Council
Council members:
Steve DeLapp Tuesday
Liz Johnson
Anne Smith February 7, 2006
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:
December 6, 2005 (Continued), January 17, 2006,
January 24, 2006, January 27, 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
A. PUBLIC INQUIRIES:
B. PUBLIC INFORMATIONAL:
agenda. In addressing the Council, please state your name and
address for the record, and a brief summary of the specific item
(1) Introduction of Chris Georgacas,
being addressed to the Council. To allow adequate time for
Metropolitan Council Member
each person wishing to address the Council, we ask that
individuals limit their comments to three (3) minutes. Written
(2) Reschedule March 7`" City Council
documents may be distributed to the Council prior to the
Meeting
meeting or as bench copies, to allow a more timely presentation.
(3) Volunteer/ Employee Recognition
Dinner
4. CONSENT AGENDA
Those items listed under the Consent Calendar are considered to
A. Resol. No. 2006-010:Approving Claims
be routine by the City Council and will be enacted by one
motion under a Consent Calendar format. There will be no
B. Resolution No. 2006-011:Partial
separate discussion of these items unless a Council member so
Payment #4 for Water System Interconnect-
requests, in which event, the item will be removed from the
Phase 1- $10,427.20
general order of business and considered separately in its normal
sequence on the agenda.
C. (1) Resolution No. 2006-012:Partial
Payment #2 for Water System Interconnect -
Phase III-$82,522.66
(2) Resolution No. 2006-013:Partial
Payment #3 for Water System Interconnect -
Phase III-$10,709.71
D. Resolution No. 2006-014:Partial
Payment #1 for the Water Tower - $46,312.50
E. Parks Commission Appointments
Lake Elmo City Council Agenda
February 7, 2006
Paee 2
5. FINANCE
Tom Bouthilet & Paul Donna
A. Resolution No. 2006-015: Authorizing
issuance, Award Sale for G. O. Equipment Cert.
6. NEW BUSINESS
7. MAINTENANCE/PARK/FIRE/BUILDING:
M.Bouthilet
A. Maintenance Dept.:MAC
Recommendation on GenSet (generator)
B. Fire Dept. -Update on Activities
8. CITY ENGINEER'S REPORT:
Tom Prew
A. Approve Plans for Water System
Interconnect Phase IV and authorize ad for
bids; Resolution No. 2006-016
9. PLANNING, LAND USE & ZONING:
C. Dillerud
A. Shoreland Overlay Variance — 4473 Olson
Lake Trail (Flanagan);Resolution No. 2006-017
B. Verbal Report on Comprehensive Plan
10. CITY ATTORNEY'S REPORT:
J. Filla
A. Lake Elmo vs. Sessing Mediation (City
Attorney will have a handout at meeting)
B. J.P. Bush Homes vs, City (City
Attorney will have a handout at meeting)
11. CITY ADMINISTRATOR'S REPORT:
M.Rafferty
A. Proposed Joint Park with Oakdale for
Youth Play1-ields
B. Comment Letter on Lake Elmo Park
Reserve Amendment
12. CITY COUNCIL REPORTS:
A. Mayor Johnston
B. Council Member Conlin
C. Council Member DeLapp
D. Council Member Johnson
E. Council Member Smith
13. CLOSED SESSION:J.P. Bush Homes vs.
City of Lake Elmo, Other Legal Issues
Council Workshop: February 14, 6:00 p.m.
BOARD OF REVIEW: May 3, 4-6 p.m.
Employee and Volunteer Recognition Dinner, Friday,
March 10, 6 p.m., Tartan Park
CLEAN UP DAY: June 3, 2006
w
City of Lake City Council Meeting
Acting Mayor Smith called to order the meeting of the Lake Elmo City Council at 7:00 p.m. with the
and Conlin
Pledge of Allegiance. COUNCILMEMBERS PRESENT: Johnston, Johnson, DeLapp, .
STAFF PRESENT: Administrator Rafferty, Planner Dillerud, Finance Director T. Bouthilet, Building
Official McNamara, Superintendent M. Bouthilet, Chief Malmquist, and Recording Secretary Schaffel.
ALSO PRESENT: City Attorney Filla and City Engineer Prew.
1. Agenda
The Administrator asked to add 11E-Verbal Report on Oakdale Joint Park. Fire Chief asked to add
7C-Fire Department Updates. The City Attorney asked to speak about Systems Statement-9D.
Councilmember DeLapp asked to talk about Chris Georgacas' comments at Boutwell's Landing last
week under 9E and also for the Sprinkler Ordinance and about sprinkling the new Maintenance Shop
as 7D-Sprinkler/Maintenance Shop. The Mayor asked to add the Presentation of the Plaque to Gloria
Knoblach-3A.
M/S/P, Johnson/Conlin To approve the Agenda as amended. VOTE: 5:0.
2. Minutes
a. December 6, 2005
M/S/P, Smith/Johnston, To postpone the Minutes of December 6, 2005 for two weeks because
Councilmember Smith's is missing one sheet from an attached document and there are several
inaccuracies.
The Mayor agreed more time was needed. VOTE: 5:0.
b. January 3, 2006
Councilmember Conlin asked for a change to Page 2 under Public Inquiries Animal Control.
Change to comment of "what she called untruths." Page 7 is confusing because she
understood the wording in the center paragraph by Councilmember Smith regarding imposing
fees, actually became part of the paragraph amended by the remedial measures document by
the City Attorney. She would like that to be evident in the minutes. Councilmember DeLapp
asked to Page 6, 3`d paragraph, add words from resident Sue Dunn where she addressed the
need to modify the Village Master Plan and add "include sparing trees in our urban forest."
Councilmember DeLapp said the next two pages are a series of one liners and then a
resolution. Staff should work to incorporate the one liners into something meaningful, to work
as a team.
M/S/P, Johnson/Conlin, To approve the Minutes of January 3, 2006 as amended. VOTE: 5:0.
3. Public Informational
a. Presentation to Gloria Knoblacb
M/S/P, Smith/DeLapp, To authorize the Mayor to sign the plaque and present it to Gloria
Knoblach in recognition of spearheading the Friends of Lake Elmo Library resulting in the
library returning to Lake Elmo. VOTE: 5:0.
Lake Elmo City Council Minutes of January 17, 2006
b. Lake Elmo Jaycees Donation DRAF7
Administrator Rafferty introduced representatives of the Lake Elmo Jaycees who donated
proceeds from fundraising. Jaycees' President Josh Ackerman and Michelle Carlson presented
a donation in the amount of $10,000.00. The Mayor thanked the Jaycees and said the City will
use part of the funds for the Staff and Volunteer Recognition Dinner.
4. Consent Agenda
a. Approving Claims
b. Trade-in 321 Case Loader for 580 Case Backhoe
I. Resolution No. 2006-007
2. Resolution No. 2006-008
M/S/P, To adopt Resolution No. 2006-008 approving claim.
M/S/P, Johnson/Conlin, To approve 4A1 and 4C on the Consent Agenda.
Councilmember DeLapp said gas should be purchased downtown. The Finance Director said
the Building Department fuels up at the other station, and they will be notified.
VOTE: 5:0.
M/S/P, Smith/Conlin, to Approve 4A2 on the Consent Agenda. Councilmember Johnson
recused herself VOTE: 4:0:1 Abstain: Johnson.
c. Pay Scale Adjustment
M/S/P, Johnston/Smith, To adopt the 2006 Employee Pay Plan,
Councilmember DeLapp said City employees might be getting disproportionate increases.
The City used to use the Stanton Survey of comparable cities to determine increases. The
Mayor said he agrees but said we should approve this increase tonight, and later determine
whether this is how we wish to continue the method of compensation for staff.
VOTE: 5:0.
5. Finance
None
6. New Business
a. Organizational. Planning Commission Appointments
The Administrator explained the appointment process for commissioners. Council conducted
interviews of commissioners with more than two terms along with new applicants at their
workshop last week.
M/S/P, To reappoint Mark Deziel and Jennifer Pelletier to a second term on the Planning
Commission for 3-year terms that will expire on January 16, 2009.
Motion, Councilmember DeLapp asked for an amendment to include reappointment of
Commissioners Helwig and Sedro. FAILED FOR A SECOND.
VOTE: 5:0.
Lake Elmo City Council Minutes of January 17, 2006
DRAFT
Councilmember DeLapp objected to the practice of one Planning Commissioner who argues
strenuously during discussion and then abstains during the vote.
Motion, DeLapp, To reappoint Commissioners Helwig and Sedro to the Planning Commission
for additional 3-year terms that will expire on January 16, 2009 because of their near perfect
attendance, Bob Helwig's being elected chairman three times, and because Kathy Sedro brings
well considered argument to the table. FAILED FOR A SECOND.
The Council cast ballots. Councilmember Conlin encouraged two applicants who will not be
appointed tonight to reapply when an opening arises. Councilmember DeLapp asked for
minutes or tapings of the Council Workshops in the future.
Administrator Rafferty tabulated the ballots and reported the vote:
Helwig-3 votes
Sedro-3 votes
Park-1 vote
McGinnis-3 votes
Nicole Park was eliminated for lack of votes.
A second ballot was taken to choose two of the three applicants who tied with three votes.
Helwig-4
Sedro-3
McGinnis-3
Bob Helwig will be reappointed.
A third ballot was talcen to choose one of the two applicants who tied with three votes.
McGinnis-3
Sedro-2
M/S/P, Johnston/Conlin, To reappoint Bob Helwig to the Planning Commission for another 3-
year term that will expire on January 16, 2009.
VOTE: 5:0.
M/S/P, Johnston/ To appoint Laurie McGinnis as Second
Alternate to the Planning Commission. 4:1 Nay-DeLapp.
The Mayor said Ms. McGinnis is in transportation planning, she is very well qualified, and we
have problems with traffic in our City.
M/S/P, Johnson/Johnston, To appoint Julie Fliflet as Full Voting Member and Bob Van Zandt
as First Alternate Member of the Planning Commission. VOTE: 5:0.
M/S/P, Conlin/Jolmson, To grant Laurie McGinnis a requested leave of absence from the
Planning Commission until she completes her Masters Degree in June 2006. M/S/P,
DeLapp/Smith To amend to direct staff to ask Kathy Sedro to fill Laurie McGinnis' place on
Lake Elmo City Council Minutes of January 17, 2006
the Planning Commission until Commissioner McGinnis comes onto the Planning DRAFT
Commission. VOTE to amend: 5:0, VOTE: 5:0.
b. Organizational. Parks Commission Appointment
M/S/P, Johnson/Smith, To reappoint David Steele to the Parks Commission fora 3-year term
that will expire on January 16, 2009.
Councilmember DeLapp said David Steele does a good job, is active, he cares, and he
Participates. VOTE: 5:0.
c. Mayor —Four Year Term
Administrator Rafferty explained that the City has only received the opinions from eleven
respondents to date. The Administrator recommended adding the question to a survey
document in the February Newsletter in hopes of collecting more data.
M/S, JohnsOn/JOhnston, To put the question of Mayoral Term in survey form in the February
Newsletter in hopes of receiving more public input.
Councilmember Johnson said people wanted a more formal process. Councilmember Conlin
said this has come before the Council several times, and we can keep asking until we get the
desired outcome. The Mayor said he is in favor of not having
SECOND WITHDRAWN, a survey. MOTION AND
M/S/P, DeLapp/Conlin, To continue the two-year term for Mayor in Lake Elmo
The Mayor explained his reasons for wanting a change to four -Year term including continuity
of leadership, encouraging good candidates, and implementing the Comprehensive Plan and
dealing with the Metropolitan Council. Councilmember Smith said 95% of residents do not
support a four-year term and a good mayor will be reelected. Councilmember Conlin said two
years gives voters the opportunity to affect change on the Council if they see something they
don't like. Councilmember Johnson said she got a 50-50 response talking to voters. She
supports four years for continuity and for the implementation of the Comprehensive Plan. The
Mayor said he thinks the question is being asked in the wrong way. Councilmember DeLapp
said the City remains politically polarized because there are big decisions to be made.
VOTE: 3:2 Nay- Johnson/Johnston.
Main tenance/Parlc/Fire/Buildin
a. Maintenance Department — Gen Set (Generator)
Superintendent Bouthilet explained the difference in voltage for the new building and the cost
effectiveness of getting the permanently mounted generator at a discount of about $10,000.00,
He said the problem with renting is having a wired facility for it. Administrator Rafferty said
the original plan included a rollup generator. We are looking at a change in design of the
building that in the long-term would be better for the City. He said in a regional outage, we
would have the new building operational for the crisis.
Councilmember Johnson asked why the MAC made no recommendation. Superintendent
Bouthilet said they discussed it. MAC Chairman Talcott inquired about amperage and voltage
for the new building.
Lake Elmo City Council Minutes of January 17, 2006
M/S/P, Johnson/DeLapp, To send this request to MAC for a formal recommendation. DRAFT
Councilmember DeLapp was concerned why we had to have 480. He asked if this were a
potential emergency shelter space, what special safety precautions and other provisions for an
emergency facility are in this building?
VOTE: 4:1 Nay -Smith
b. Update on Building Department Activities: Jim McNamara
The Building Official presented the Summary Building Report for the Month of December and
Year Ending 2005.
c. Fire Department Update: Greg Malmquist
The Fire Chief said they had one applicant for safety officer, performed an interview with the
District Chiefs, and Barnie Sachs was appointed unanimously.
M/S/P, Johnson/DeLapp, To approve Barnie Sachs as Safety Officer for Lake Elmo Fire
Department. VOTE: 5:0.
The Chief reported the Fire Department collected $745.53 in red kettles at Hagberg's for the
Salvation Army. The Chief said they are looking at the process for hiring firefighters: they
are recruiting for Lake Elmo residents and particularly for day firefighters at this time.
d Sprinkler Ordinance//Maintenance Facility: Councilmember DeLapp
Councilmember DeLapp said there is no reason to sacrifice lives when a sprinkler system in
our new Maintenance Facility could protect our firefighters. He thought our new Maintenance
Building had a sprinkler system, especially since it is so close to the new water tower.
M/S/P, Conlin/Smith, To direct staff to bring the topics of the Sprinkler Ordinance and
sprinklers for the Maintenance Facility to the Council Workshop in February.
The Building Official said the type of building and its classification, its occupancy and what it
is constructed of would not require this building to be sprinkled.
The Fire Chief said that working with City Code a couple of years ago, the state would not
accept the wording of our Code and that is where it remains today.
VOTE: 5:0.
8. _City Engineer's Report
a. Public Mearing: Water Systems Interconnection Phase IVProject. Resolution No. 2006-09
Ordering Plans and Specs
The City Engineer explained Water Interconnect Phase IV. The total cost of this phase is
$490,000 which has already been bonded for. Hookup would include the 3M parcel, Prairie
Ridge and Animal Inn. The appraiser was asked for the benefit to the seven properties in that
area. City Engineer Prew said nobody petitioned for this project.
Administrator Rafferty said discussions with 3M resulted in the understanding they will pay
their share of $124,020. Engineer Prew said we are not forcing a hook up but residents will
Lake Elmo City Council Minutes of January 17, 2006
DRAF
have to pay for the increase in property value. If the project is approved tonight, we will begin
construction in April 2006.
THE MAYOR OPENED THE PUBLIC HEARING AT 8:40 P.M.
Jill Smith, 3M Real Estate Department
Ms. Smith asked Administrator Rafferty who he spoke to at 3M about this project. She said
she is interested in the process of determining benefit to property owners, and why the 3M
parcel was different. She would like to see that assessment. She said their property is not
zoned commercial at this time, and she would like to see how that worked. She asked if
MUSA is planned for that parcel. She asked the process for hooking up in the future. She
asked how interest is determined.
Engineer Prew said the assessment was per acre. The Mayor said MUSA is not planned for
the next 25 years in that area. Engineer Prew said generally a second hearing is held for
assessment, repayment term, and interest.
Dennis Ostrander
Dr. Ostrander is the veterinarian whose hospital sets back by Animal Inn. He said there is an
assessment on an easement access. He asked if there is any legal recourse if he does not want
the water.
The City Attorney explained this is not a special assessment hearing, this hearing is to
determine whether to go ahead with this project. Anyone proposed to be assessed, will get a
notice before that hearing. Generally if someone is not assessed and hooks up later they pay a
connection charge equal to what the assessment would have been. If it is specially assessed it
will be on the tax rolls accruing annually,
THE MAYOR CLOSED THE PUBLIC HEARING AT 8:47 P.M
Councilmember DeLapp said we have to do this project for our water system but people
should not have to pay for water they don't want or need.
M/S/P, Smith/Conlin, To adopt Resolution No. 2006-09, A Resolution Ordering Improvement
and. Preparation of Plans for the Water System Interconnection Phase IV Project.
Councilmember DeLapp said it is critical for people coming to a hearing to know what we
plan to assess them. The City Attorney said the City should withhold the size of assessments
until all the facts are gathered.
VOTE: 4:1 Nay-DeLapp,
THE MEETING RECESSED FOR FIVE MINUTES AT 8:51 AND RECONVENED AT 8:56
P.M.
9. Planning, Land Use & Zoning
a. AustadlPierre/Hart — Wastewater Treatment
The Planner explained that three properties have a history of septic system problems. The
property owners engaged a septic designer to look at the DeMontreville Wildlife Area as well
as a second area when the first did not come out as well as hoped. It would be constructed by
Lake Elmo City Council Minutes of January 17, 2006
the property owners' construction firm and inspected and maintained by the City. The C tyAFp
Engineer would work with the owners' engineer with regard to some mechanical functions.
Regardless of cost, it would be the responsibility of the
then turn it over to the City, property owners to pay the costs and
Councilmember Conlin asked if there was an analysis done to charge the sam
Systems. She suggested taking a look at what the appropriate e as for the 201 amount will be for maintaining
this system after construction if it goes forward. The Planner said Superintendent Bouthilet
can look at it.
M/S/P, Johnson/Johnston, To approve the plan for wastewater treatment to serve the Austad,
Pierre, and Hurt properties per plans staff dated January 12, 2006 subject to the
recommendations of the City Forester (landscape screening) and the City Engineer (system
design). The property owners will pay the entire cost of the system and City construction
inspection costs, and agree to pay City wastewater fees in an amount to be determined and in
water systems, conditional
the same manner as properties connected to the City's 201 waste upon a written agreement with the property owners and the City prior commencement with
construction.
The Administrator said the owners will not have to pay for the use of the park land.
Councilmember DeLapp said they should have to pay whatever the land is worth.
Councilmember Smith said she thinks these property owners were unsuspecting victims. Now
we are trying to solve a problem in the best way possible without getting Oakdale sewer.
Rave Austad
Mr. Austad said they did not know the problem with the land when they bought it. The
Council could have gotten the other land by eminent domain but they didn't do it. At some
point he and his neighbors are going to run out of money.. This plan is more costly than going
to Oakdale for sewer.
Councilmember DeLapp said they should get rid of the mounds in the front yards to bring
them back into the character of the neighborhood.
Mr. Austad said MN Rule 7080 says they have to follow rules for abandonment of a septic
system. If it costs $50,000 to change the yard, they may not be able to do it.
The Mayor asked the City Attorney whether they could include a land charge and forgive it in
the future. Mr. Austad would not object.
Councilmember DeLapp said that part of the cost was land acquisition when we built 201's.
We should incorporate the park land into the costs here. In the event the lawsuit is successful,
the damages could be incorporated. Mr. Rooney, Mr. Austad's attorney, said they cannot
contrive to add fees to this lawsuit. Provisional costs would complicate the situation.
Councilmember Conlin called the question. VOTE: 4:1 Nay-DeLapp.
The City Attorney will come back with the agreement for Council review and approval prior to
construction.
Lake Elmo City Council Minutes of January 17, 2006
b. Appeal of Administrative Determination: Gorman 's Restaurant DRAFT
The Board of Adjustment and Appeals reviewed the appeal by Ed Gorman to allow a drive up
window at Gorman's Restaurant. The Planner explained the request for a minor addition for
carryout orders. City Code prohibits drive through facilities when related to a restaurant in the
GB District.
The Mayor opened the hearing of the Board of Adjustment and Appeals at 9:31 p.m.
Ed Gorman said he purchased the restaurant 26 years ago. He said he disagrees with the
Planner's findings because he already has take out food. Adding 200 square feet will not make
his restaurant fast food. He feels the Code is open to interpretation. He wants the change in
order to facilitate the pick up business and perhaps sell more coffee. The Health Inspector
approved the plans and their classification for his restaurant does not square
change. He spoke to all
abutting property owners and received 100% support. He also supports that fast food should
not be allowed. Language could be added to not allow fast food within a specific s
footage of a school, park, or church. He said the coffee shop approved next door is him last
year did not include a dishwasher. A drive through bank will not give you a loan at the
window. All menu items will not be available at the window in his restaurant. He wants to
take good care of his customers. In the old days, he said you could only buy gas at Lake Elmo
Oil. Now you can buy food, groceries and sundry items. He would like the ability to grow his
business in the same fashion.
Councilmember Conlin asked about outside menus. Mr. Gorman said he wants a small order
station for coffee 4 X 4, lighted indirectly during open hours. Councilmember Conlin asked
about traffic concerns.
The Mayor said the ordinance is written to prohibit drive-throughs but he thinks it was meant
to prevent fast food restaurants. He would like to consider a ch
opening the door to a fast food restaurant. Could we use Mo the ordinance without
r. hange angs ts recommendation or
some other tool without opening the door for fast food. The City Attorney said yes but not
tonight. He said he thinks it is a legislative solution. He said Council can do it by definition
of a restaurant and drive -up as opposed to drive through. He said there could be concerns for
traffic on site and concerns for safety. The Code can clearly distinguish it from a fast food
restaurant.
The Mayor closed the hearing at 9:44 p.m.
Councilmember Smith would like to be able drive to the pick up window. Councilmember
DeLapp wrote the ordinance. He said now times have changed and it is reasonable to discuss
today's intent. Councilmember Conlin said cafes and restaurants are limited to full service
table operations but it does not say drive up not allowed. She recommended having the
Planning Commission review it and Councilmember Smith agreed.
M/S/P, Smith/DeLapp, To support the administrative decision that no building permit be
issued for the drive up modification not the restaurant per the terms of the GB zoning district
that allows only "full service table operations."
Councilmembers DeLapp and Smith said they want the Planning Commission to find a sound
method and process to allow a pick up window for full service restaurants while excluding fast
Lake Elmo City Council Minutes of January 17, 2006
10
food. DRAFT
VOTE: 4:1 Nay -Conlin she would have voted to approve the appeal and then ask the
Planning Commission to review it.
The Planner will bring it to Planning Commission in February and return to Council with it by
the end of February.
c. Appeal ofAdministrative Order — Rod Sessing
The Planner said the Building Official ordered modifications requested by City Council to The
Sessings. The Board of Adjustment and Appeals will review the appeal by Rod Sessing of an
order to relocate a pet containment system, retaining wall, drainage system, and man-made
berm to the 10 feet setback line and to restore natural drainage and landscape material with all
run off to remain on the Sessing property.
The Mayor opened the hearing at 10:00 p.m.
Rod Sessing, 5699 Keats Avenue
He said he received the letter from James McNamara, and was astonished that all of these
items are structures. He read the code definition for structures. He particularly disagreed that
a pet containment system is a structure. He said the sloped berm was approved by the City
when the pole building was constructed, and that slope offers insulation to frost footings. He
said that Tom Prew told him that grading permits were never issued for residential properties.
Two small spots of erosion on his property in the past, resulted in his putting in the drain tile.
Neighbors allowed storage of the stone on their property for 30 days while work was
completed. In 1998, the complaint was satisfied. In 1999, the fieldstone was alleged illegal
and the Council created a resolution to allow it. Those items were not illegal then, yet now
they are. He said a Grading Plan was submitted in 2004, yet the City never required one from
a residential property before. 2.5 weeks later the Grading Plan was approved. The plan shows
the 6X6s, the drain tile, and fieldstone. It was all approved. All of a sudden it has become a
structure. He turned in a letter to the City with a statement from a certified civil engineer that
there is less water moving off his property now than before the grading. He installed electrical
fencing over the entire 11.5 acre parcel. There was never a problem with the location of the
fencing during all the discussion of electronic fencing. He said the City allows The Ziertmans
to have an electrified three feet fence, and there is a sign that says it is electrified. He said that
is illegal. His wife moved their home occupation off site. He said the City shut down his
business but allow The Ziertmans to have retail sales on their property. He asked how much
money the City will waste on this. Now you want me to move dirt approved in two separate
years. Now electric fences can't be there. Now the Code allows a solid stone fence on the
property line but the City won't allow the six -by -six retaining wall that was approved in 1998.
He pulled Building Permits as they were needed. Council wants him to move the dirt and not
put the fieldstone back in, but the resolution of 1999 specifically allowed it. Culverts are
greater structure than 4" pvc pipe that functions to keep water on his property. The City
should not go back on their word. There is no statute of limitations for grading. If the Council
sends it to court they let the residents pay more. Mr. Sessing distributed pictures of what he
said were retaining walls within setback areas all over Lake Elmo.
Joan Ziertman
Mrs. Ziertman said this is fifth time she has spoken to Council on this issue. Council gave
Lake Elmo City Council Minutes of January 17, 2006
11
correction order. She said it is not subject to a DRAFT
directive, so it is not subject to appeal. t She said misinformation was giveny administrative
Sessing.
She said she came to the City over one year ago. Meetings and hours of testimony resulted in
this directive. Mr. Sessing has never said he meets the Code. She asked the Council to ask
Jerry Filla to add these to the complaint at Washington County. She said they did not move
the
down
he business. There is still storage onsite. She said nobody wants 600 feet of PVC pip
their property line. It is a structure that was constructed and it runs in and out of their
property. She said the Code allows for retaining walls and landscaping of sod, seed, mulch
and plantings. Everyone sees it is not a fence. It is not a fence based on Jerry Filla's
definitions. She does not want to argue it again for a fifth time. With all the drainage issues, it
has to be fixed. Mr. Sessing should not be allowed to do what nobody else is allowed to do.
Fieldstone resolution was suspect because it was based on a Code that was going to be
give permission again. He should not be allowed to have permission a second time fochanged but never was. If he has to remove all of it to repair the grading, then Council has to
something that never should have been allowed the first time. r
The Mayor closed the hearing at 10:17 p.m.
Councilmember DeLapp asked if this is a viable hearing. Is the storage and business out of the
house? Is the electric fence illegal or relevant? Is what we are doing permissible from a legal
standpoint?
Councilmember Smith said the Council has gone through this over and over, and we have seen
the pictures. We had no appeal for the drainage and gutters so she is not sure it is justified.
She said the pictures submitted are illegal because there are no measurements.
M/S/P, Smith/Conlin, To deny the appeal and move forward and add the four items to our
lawsuit.
Councilmember Conlin asked if this appeal is justified. Give the applicant the chance to
appeal and make a decision.
Councilmember DeLapp asked if we learned something that we did not know before. He
made the motion for that past resolution.
Councilmember Smith said a motion was made to use it as a landscaping material not for a
retaining wall. There is no documentation for it.
Councilmember DeLapp asked if the motion he made then was for approval of fieldstone
landscaping, The City Attorney said Mr. Sessing did not add any more after that. He does not
recall photographs from that time and the minutes don't reflect it. There was also an issue of
erosion that this landscaping was going to correct.
The Mayor called the question. VOTE: 4:1 Nay-DeLapp He said his was a throwaway vote,
and he is not convinced we have thoroughly addressed all the issues. He thought he saw
photographs of it seven years ago.
The City Attorney will make an amendment to the lawsuit for six additional issues.
Lake Elmo City Council Minutes of January 17, 2006
12
d. Systems Statement
The Planner and City Attorney explained the City and Met Council met a few weeks ago with
regard to our concerns expressed in our System Statement such as the Park and Ride specifics
the City objects to and the classification of the City in map and text regarding non-sewered
areas of the City.
Councilmember DeLapp left the table at 10: 32 p. m.
Councilmember DeLapp returned to the table at 10:33 p.m.
The Planner said that what arrived late Friday was an example of what was done in the City of
Shorewood. His reaction is a. statement from Met Council Staff Attorney, it is more than we
have right now and more than we might expect from the committee. If we accept this we
would agree, and it would never come to the Met Council. We are not going to convince the
Met Council Staff that the MOU has no significance. They want us to waive the rest of the
hearing process in return for a directive from the staff attorney.
DeLapp/Johnson To work with the Administrator and City Planner to draft a document to
accept the City Attorney's recommendation to stipulate by the Attorney for Met Council Staff
VOTE: 5:0.
e. Bouhvell's Landing Speech by Chris Georgacas
Councilmember DeLapp said Mr. Georgacas refused to answer questions posed by Anne
Smith. The point he made clearly was that cities have the obligation to maximize profits for
developers and builders and if they don't, the Met Council is ready to step in and do it for
them.
Mr. Georgacas will attend the Council meeting on February 7"'. Councilmember DeLapp
recommended adding it to the newsletter or taking out an advertisement, in a newspaper. Staff and the Mayor will get together to determine how to get an interview for the newspaper.
10. City Attorney's Report
None
11. City Administrator's Report
a. Appointment of Fire Chief to Full Time Status
Administrator Rafferty said the City has reviewed the necessity to hire a fire chief to
financially manage the fire operation more closely, to maintain equipment, and to manage the
thirty member fire department. There has been significant reorganization of the depand
planning for the future by the consultant. The CIP has the funding for it. It will save money
over the next year.
M/S/P, Johnson/Conlin, To hire Gregory Malmquist as the full time Lake Elmo Fire Chief as
of Wednesday, January 18, 2006.
Councilmember Smith said she holds the fire department and chief in high regard. She feels
fiscally irresponsible at this time because we have not grown in the last two years. She would
like to see the financial figures that support this appointment.
Lake Elmo City Council Minutes of January 17, 2006
13
DRAFT
Councilmember DeLapp completely agrees, about 90% of all the calls are not for fires but for
ambulance service. If given the choice, we would have an ambulance service here. We ought
to have more information and a thorough workshop on it.
Councilmember Johnson said the previous council studied fire and didn't do anything. He said
a few things this position will handle are the Fire Study, the Maintenance Facility, and daytime
coverage. He said the Council has to move forward on recommendations from studies that we
have known about for more than ten years.
Councilmember Conlin agreed and did not understand the request for more information. She
said it should have been asked a long time ago. Planning is going to be crucial for a well
thought out safety plan for the City.
Councilmember DeLapp said he would vote for half time but not full time.
Councilmember Johnson there was a Council Workshop and if more information is needed, it
should be requested in a timely fashion.
VOTE: 3:2 Nay-Smith/DeLapp.
b. Begin Hiring Process on Assistant City Planner and City Engineer
M/S/P, Johnson/Johnston, To direct staff to begin the hiring process for an Assistant City
Planner and a City Engineer. VOTE: 5:0.
c. Set date for Council/Parks/Washington County Technical Committee Meeting
The Councilmembers will e-mail availability.
d. Fire Department Operational Policy Manual
M/S/P, Conlin/DeLapp, To appoint Councilmember Johnson to work with the Administrator
and the Fire Chief in the on -going development and modification of the LEFD Manual.
VOTE: 5:0.
e. Lake Elmo Oakdale Playtteld
Administrator Rafferty reported that at a work session last week, Lake Elmo staff met with
Oakdale staff. Lake Elmo's vision of a jointly owned and operated park did not meet Oakdale
vision. Lake Elmo Staff expressed concerns with how a joint organization would function,
maintenance questions, the composition of the organizational structure, and design of the field. A
representative from Parks and the Council should be in on the initial design and then that would
dissipate into administrative staff to manage this thing.
The Mayor suggested that Councilmembers Conlin and DeLapp would be good reps for that
board.
Councilmember Conlin said she wants to go through the processes and steps properly, and she would not be able to sit on that board. Councilmember DeLapp, said he has very serious
reservations. Councilmember Smith volunteered to serve on that committee.
Lake Elmo City Council Minutes of January 17, 2006
14
DRAFT
Motion, DeLapp To go forward with investigating this type of plan and appoint Councilmember
Smith to participate in any discussions and to keep an eye on this project. FAILED FOR A
SECOND.
Motion, Conlin To bring this concept to both Parks and Planning Commissions for their opinions
prior to any discussions with Oakdale. FAILED FOR A SECOND,
Councilmember Smith asked if Oakdale could proceed without us. The Administrator said the
City is in charge of the zoning and use for that parcel so Oakdale has to work with Lake Elmo.
M/S/P, Smith/Johnston To simultaneously have discussions with Oakdale while we send the
proposal to the Parks Commission and Planning Commission for approval recommendations.
The Administrator said the City is looking for the foundations of an agreement, not an agreement
yet because business questions need to be answered first.
VOTE: 3:2 Nay — DeLapp, We should collect some guidelines from the Parks Commission,
neighbors around the proposed park, and the Planning Commission. Conlin — The proposal should
be presented to the Parks and Planning Commissions first.
Councilmember Johnson left the table at 11:48 p.m
12. City Council Reports
a. Mayor Johnston
Mayor Johnston reported he was invited to serve on the Board of Directors for the Regional
Mayors' Conference.
b. Councilmember Conlin
C. Councilmember DeLapp
d. Councilmember Johnson
e. Councilmember Smith
Councilmember Smith said she would like to get moving on Code Enforcement. She said it will
become a very important issue soon.
Mayor Johnston adjourned the meeting at 1 I :50 p.m.
Respectfully submitted,
Kimberly Schaffel
Recording Secretary
Lake Elmo City Council Minutes of January 17, 2006
15
City of Lake Elmo DRAFT
City Council Emergency Meeting
Minutes of January 24, 2006
Mayor Johnston called to order the Emergency Meeting of the Lake Elmo City Council at 6:00
p.m. COUNCILMEMBERS PRESENT: Smith, Johnson, DeLapp, and Conlin (6:10 p.m.).
STAFF PRESENT: Administrator Rafferty, Planner Dillerud, and Recording Secretary Schaffel.
ALSO PRESENT: City Attorney Filla (6:06 p.m.) Planning Commissioners Van Zandt and
Roth.
Agenda
Councilmember DeLapp expressed concern about the method of disseminating information
regarding this Emergency Meeting. He said he did not receive meeting information in a timely
manner.
The mayor said an e-mail was sent at 9:51 a.m. on January 23, 2006 with regard to the proposed
Agenda for tonight's meeting.
Administrator Rafferty explained his communications with regard to the anticipated letter from
Met Council. Staff was asked to post the notice on the web and to e-mail the Council.
Arrangements were made to televise this meeting.
The mayor said he received a telephone message from Peter Bell and relayed the information to
staff.
Councilmember Smith asked to begin discussion because Councilmember DeLapp, has to leave
for his meeting of the Washington County Planning Commission. Councilmember Conlin asked
to go through the items in the letter and to discontinue other discussions because we have a
deadline of February 1.
The Planner said we submitted a Comprehensive Plan to Metropolitan Council on September 6.
We received a letter later in September where Metropolitan Council said our submission was
incomplete. On November 18 administrative staff and Councilmember Smith and Mayor
Johnston met with Metropolitan Council. They were advised at that time that there would be a
review letter. After the meeting the Planner said we stalled submitting items from that
September review letter. On January 6, 2006, eight copies of everything were submitted to the
Metropolitan Council. We thought we were done except for a couple of items. We did not even
receive confirmation it was received. Staff started phoning to find out what was going on. Blair
Tremere called on Thursday and said we would have confirmation Friday. It did not come. The
letter carve on Monday.
The three page enclosure from the Metropolitan Council letter was discussed. The Aviation
Paragraphs relate to the Village Plan that Metropolitan Council still does not have. The Planner
will resubmit items where the Met Council says they haven't received it yet.
The text has been changed to reflect the household and population discrepancies indicated in
their letter. All four bullets on page E-2 have already been fixed within the Comp Plan text.
In the area of Land Use — Alternative Densities, the numbers are reflective of the remedial
measures the Metropolitan Council has imposed on the City through their ResolutionNo.2005-20.
Lake Elmo City Council Emergency Meeting Minutes of January 24, 2006
Councilmember Smith said she was worried about population changes during that last MeDRAFT
Council meeting as a result of these remedial measures, and asked Peter Bell about it then.
On page E-3, Land Use -Village Plan, the Planner said we did not include a map for that plan
because we do not have one yet.
The Planner said that Housing is not a Regional System. However, there is a legislative mandate
that every community demonstrate how it is going to address its share of Affordable Housing.
We currently have a good deal of affordable housing, more than some neighboring cities. The
Metropolitan Council wants us to demonstrate how we can do more for the future with not less
than 41-46 acres developable at 5-6 units per acre. Densities in some areas must also be
demonstrated as sufficient for 100 rental units.
Administrator Rafferty said many of these are the same items in the September 26, 2005 letter
from the Metropolitan Council, while some are not. The Planner said this is an issue of content
not completeness.
Councilmembers Johnson, Conlin, and Smith would like to hear the potential solutions and
options offered by staff. Councilmember DeLapp would like to table until tomorrow when he
has to leave tonight. The Mayor said we could have aanother later meeting but we should give
direction to staff tonight on how to proceed.
Councilmember Johnson would like to go through the letter item by item.
The Planner said he has developed a method for addressing the third remedial measure without
overshooting our 2030 population target. The Planner distributed language that could be
inserted. There are two land use districts guided for regional sewer, SRD 3.5 and the VR
District. He said that rather than modify the map, this language could be inserted into the district
descriptions with two provisions for population and no increased density within 1000 feet of an
existing residence or 500 feet from an existing residence in the Village. He said if we do this, he
thinks the map will not need to be changed.
Councilmember DeLapp said those neighborhoods could look like a PUD. The Planner said it
would be the City's choice where we would place additional density. Councilmember DeLapp
said we will have greater density on one parcel and open space on the next.
Councilmember Smith asked if the new text takes place of the sentence inserted at the last
meeting. The Planner said this would be in addition to that sentence. Councilmember Smith
wants to be sure we are not going over 24000 population and 6600 REC units. The Planner said
we have never gotten a response from Metropolitan Council when asking for clarification on that
issue.
Councilmember DeLapp said the Metropolitan Council is backpedaling on the MOU.
Councilmember Conlin said we have to give staff enough time and still get it back in time for
Council review. We have to put in the good faith we have in support of and to protect the MOU.
Councilmember DeLapp left the table at 6:42 p.m.
The City Attorney said the Council can table this meeting to a time and day certain.
Lake Elmo City Council Emergency Meeting Minutes of January 24, 2006
Councilmember Johnson asked if you could add, "provided no economic downturn." The
Planner said it is within the Comprehensive Plan already. Councilmember Johnson said we
should reemphasize it in this portion of the Comprehensive Plan.
The Planner said that Aviation, the Village Plan, and Housing can be addressed at once with the
Village Land Use portion of the text. Metropolitan Council wants more detail and the Village
Plan Map. The Planner suggested going to Mr. Engstrom's concept stage plan and converting it
into a Village Plan Map as of today. He said that may not be the final end product. He suggests
implementation devices be addressed in the Land Use Plan text. An overlay district in the
Village that says the Comprehensive Plan is the zoning for that area of the City. That will be
form -based zoning. The Plan will show a green belt and someone will suggest the City is taking
but we will be doing Transfers of Development Rights, and those owners will be compensated
for their development densities. The Planner asked the Village Consultants to do that snap and
calculate the numbers. That map is what we will insert, subject to implementation measures.
That addresses the housing issues, aviation - because safety zones will be on that Land Use Plan
as a green belt. The property owner has development rights to sell. We have discussed this
Village Plan for three years. The concept by the planner representing the landowners is very
similar to what we anticipate in our Village Plan. We have run out of time to trade plans, we
must keep the option open for modifications later but we have to submit something to the
Metropolitan Council by February 1, 2006.
The Mayor said how are we assured there will be no surprises on February 1? The last page of
Peter Bell's letter invites the Mayor to call him or Blair Tremere. The Mayor will call either of
them if the Planner does not get a response. The voice message received by the Mayor had the
tone that this was important to the Metropolitan Council as well.
Councilmember Conlin said she hopes staff is thoroughly documenting our attempts to work
with them, and staff should document phone calls too.
The Mayor said we have also been threatened with lawsuits. There are legal issues and sensitive
issues that create the necessity for a closed session tonight.
Administrator Rafferty suggested the Council set a time certain for tabling the open meeting.
Councilmember Conlin asked if staff feels comfortable with direction offered thus far.
The City Attorney said that direction should be made on the record.
M/S/P, Conlin/Johnson, to implement our discussion as direction to staff to work with Met
Council staff to be sure on February 1, 2006 that Metropolitan Council has everything they need.
VOTE: 4:0.
The Council set the continuation of this meeting for 5:30 p.m., Friday, January 27, 2006, and we
might have solutions by then with regard to the Village Plan. Councilmember Johnson said that
anything staff can accomplish by then should be brought to that meeting.
Mark Putman spoke on behalf of Mr. Lynskey and representing the allied owners. He asked if
the actions proposed tonight were negotiable. He asked if the concept for the Village Plan
Lake Elmo City Council Emergency Meeting Minutes of January 24, 2006 3
DRAFT
assuming 600 new units was cast in stone. He encouraged making 600 a minimum number for
new housing in order to defend the City's options.
The Mayor said that 600 is the minimum Metropolitan Council requirement. The Planner yes, it
is but we are not done with this plan yet. We just have to finalize something for the
Comprehensive Plan now.
Susan Dunn, a Village resident, said the Council doubled the population in the Village on a quick
vote, and she is affronted by being asked for more units tonight. She said it is a slam against us
for greed and control and it is a slap in the face.
Adjourn. 7:04 p.m.
Respectfully submitted,
Kimberly Schaffel
Recording Secretary
Lake Elmo City Council Emergency Meeting Minutes of January 24, 2006
City of Lake Elmo DRAFT
Emergency Council Meeting
Minutes of January 27, 2006
Mayor Johnston called to order the meeting of the Lake Elmo City Council at 5:30 p.m.
COUNCILMEMBERS PRESENT: Conlin, Smith, Johnson, and DeLapp. STAFF PRESENT:
Administrator Rafferty, Planner Dillerud, and Recording Secretary Schaffel. ALSO PRESENT:
City Attorney Filla, Master Planner Bob Engstrom and Associate Consultants, Planning
Commissioner Lyzenga and Community Improvement Commissioner Knoblach.
Mayor Johnston reviewed the first part of this emergency meeting from January 24, 2006.
Councilmember DeLapp asked if there would be a public hearing for the Comprehensive Plan
Amendment because the changes in the Old Village have not yet been seen by the public.
The Mayor said if additional meetings or a public hearing is required, it will be done.
Administrator Rafferty said tonight we will see a brief overview of the concept for the Village
Plan. He said it is his understanding the Met Council will accept that information on a
preliminary basis.
Councilmernber DeLapp asked the Plainer to explain what the Metropolitan Council has a
legitimate and/or legal basis of expecting from the City.
The Planner continued from where the meeting left off on Tuesday. In response to a letter from
the. Metropolitan Council, text was drafted to amend the plan. He took the recommendation,
added the buffers as requested by City Council, submitted the changes to the Metropolitan
Council, and heard from Blair Tremere the submission was fine.
He updated the Wastewater chapter of the Comp Plan. He also modified Chapter III relative to
bullet points in the Metropolitan Council letter to change the numbers in response to their
bulleted concerns. Those changes have not been submitted. An entirely new Chapter VI was
modified and submitted to Metropolitan Council yesterday.
The Planner said that what remains are the following which all relate to the Village Plan
• Airport Safety Zones
• Affordable Housing component
• The Land Use Plan for the Village Area
Village Area Consultants are here tonight and the Planner thinks their concept is a good
approach. However, the format we have to submit for the Village Area is from a different, more
detailed perspective. He said the consultants will explain the basis behind it, what we want to
accomplish, and the concept. Then he would like to convert that concept into a broader concept
suitable for submission to the Metropolitan Council.
The Planner said the Met Council expects us to address 7 items in the Village Plan:
1. Protection of Airport Safety Zones
2. Affordable Housing requirements 40+ acres X 5-6 units per acre = 250 dwelling units.
DRAFT
3. 100+ apartment units. (Councilmember DeLapp said that is a very large percentage of
our new unit count.) 600— 350 Affordable = 250 new single family housing.
4. 440 Units + 160 units = 600 units.
5. Green Belt
6. Transfer of Development Rights
a. Green Belt
b. Ponds
c. Public Facilities
7. Schiltgen Horse Farm (108 acres not included in the Village Plan).
The Mayor said if the legislature says we have to have 250 units, it was not their intention to give
Peter Bell the power to sign that away. He asked the City Attorney if the MOU negates
legislative requirements.
City Attorney Filla said the MOU is criteria though we tend to think of it as a contract and policy
statement. He believes the City has the right to choose housing.
Councilmember DeLapp said if that is the case we need to deal with number three.
The Mayor clarified that we have to review these items for submission but we have not yet
reviewed it for policy.
The Planner read from the MOU for clarification of the audience where it indicated we had
options to choose our housing below l Orh Street but it is silent above 10t' Street. He read from an
e-mail received from Blair Tremere this morning. He said we must provide enough information
regarding:
• Verify RECs to be used
• Provide adequate protections for continuing airport function
• How many sewered acres for new minimum and high density housing and submitting anew
graphic labeled "Preliminary with refinements to follow as a Comp Plan Amendment."
The Planner introduced the Master Village Planner for him to explain the Village Concept and
steps taken to get there with broad use and infrastructure considerations.
Bob Engstrom, Bruce Jacobsen Close Landscape Architects, and Jerry Mazzara
Mr. Engstrom said the consultants have worked to develop a vision for what they think can be
accomplished in the Village. He said MPCA is planning on pumping 130,000,000 gallons per
year of water to alleviate water concerns. He said this is merely a concept and has nothing to do
with zoning and does not directly affect any individual's property. They will be ready for a
complete presentation in three or four weeks.
Bruce Jacobsen said this is not a unit based plan nor does it zero in on technical aspects. The
consultants reviewed Calthoipe and Thorbeck Plans created over the years. He said that at all
costs, integrity and existing uses in the Old Village are the heart of the Village, and need to be
protected. Signature anchors would include things like a YMCA -type of facility, city hall, etc.
He said those anchors should be placed carefully, like the Village itself, intimate and close to the
heart for walkability. There will be green connections into neighborhoods, neighborhood greens,
and park spaces that will be connected by some sort of loop. Those are the basic ingredients for
the plan.. The core will be preserved and strengthened, a loop for circulation, and Highway 5
DRAFT
changed to a more urban section - walkable with sidewalks, traffic lights, and curbs. He said
they are considering a number of viable sites for some of the signature anchors. There will be
stormwater and amenity water management and life cycle housing. Not just large lot single
family homes but small lot single family, apartments, condominiums, townhouses, senior
housing, special needs housing, etc. Water amenities will take advantage of PCA water
treatment. A four corner intersection would be recommended at Highway 5 and Lake Elmo
Avenue. He said the goal is to encourage walkability and bicycling.
Mr. Engstrom said this would be an ideal plan, and there is no intent to wipe out any existing
business. There are ponds on the airport property that made him suspect the orders not to have
ponding in Lake Elmo around the airport.
Bruce Jacobsen said there is a buffer of open space related to the entire plan.
Councilmember DeLapp said they need to address the park and ride.
Bruce Jacobsen agreed it is an important aspect of this plan. They are contemplating shared
parking in the daytime for commuters and at nighttime for visitors.
M/S/P, Johnson/Conlin to give staff direction to create a preliminary map.
Councilmember DeLapp said LEPR showing 6,000 houses is just conceptual in the Systems
Plan. We do not have to ask for too much detail for the Village Plan portion of the
Comprehensive Plan, just conceptual mapping.
The Mayor said we are just trying to meet minimum requirements. He said this map will not be
creating policy.
VOTE: 5:0.
The Planner said we will meet the Metropolitan Comicil deadline requirements.
Councilmember DeLapp asked if we have capped the population number at 24,000 because that
was a concern. The Planner said that was an accepted term by Metropolitan Council Staff this
morning.
The meeting adjourned at 6:20 p.m.
Respectfully submitted,
Kimberly Schaffel
Recording Secretary
APPROVED AS AMENDED JANUARY 17, 2006
CITY OF LAKE ELMO
CITY COUNCIL MEETING
JANUARY 3, 2006
L AGENDA
2. MINUTES: December 20, 2005
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. PUBLIC INQUIRIES:
B. PUBLIC INFORMATIONAL:
(1) Lake Elmo Jaycees Proclamation
(2) 2006 Board of Appeal and Equalization Meeting
4. CONSENT AGENDA:
A. Resolution No. 2006-001: Authorizing Signature for Payments of Funds from
the Lake Elmo Bank
B. Resolution No. 2006-002: Approving Claims
ORGANIZATIONAL MEETING:
A. Election of Acting Mayor
B. Designation of Legal Newspaper
C. Designation of Official Depositories for 2006
D. Appointment of City Engineer
E. Appointment of City Attorney (Civil and Criminal)
F. Appointment of Financial Advisor
G. Appointment of Auditing Firm
IT Cable Operator: Steven Press
I. IT: Next Genesis
J. Animal Control
K. Change Council Committees to Council Workshops: Resolution No. 2006-006
6. NEW BUSINESS:
A. Employee and Volunteer Recognition Party
B. Whiting letter received December 2, 2003 - lighting
7. MAINTENANCE/PARI{/FIRE/BUILDING:
A. Update on Fire Dept.: Chief Malmquist
8. CITY ENGINEER'S REPORT:
9. PLANNING, LAND USE & ZONING:
A. Comprehensive Plan Amendment -Trails Guide Plan: Resolution 2006-003
B. 2030 Comprehensive Plan Amendments: Resolution 2006-004
C. 2006-2010 Capital Improvements Program (CIP): Resolution 2006-005
D. Metropolitan Council System Statement - verbal
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
12. CITY COUNCIL REPORTS:
Council recessed at 10:46 pm for a Closed Meeting.
Lake Elmo City Council Minutes January 3, 2006
APPROVED AS AMENDED JANUARY 17, 2006
Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council
Chambers. COUNCIL MEMBERS PRESENT: Conlin, DeLapp, Johnson, and Smith,
STAFF PRESENT: Administrator Rafferty, City Planner Dillerud, Finance Director
Bouthilet, City Engineer Prew, Attorney Filla, Recording Secretary Freeman.
Pledge of Allegiance
L AGENDA:
M/S/P Johnson/Conlin - to approve the January 3, 2006, agenda as amended.
(Motion passed 5-0).
2. MINUTES:
M/S/P Johnson/Smith- to approve the December 20, 2005, City Council minutes, as
amended.
(Motion passed 5-0).
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. PUBLIC INQUIRIES:
Robert Meyer, Director, Ramsey Center For Arts, announced the Grand Opening and
invited residents to the Ribbon Cutting Ceremony on Saturday, January 7, at 1:00 p.m.
Kathy Pelnar, Lake Elmo Animal Control Officer, commented about what she called the
untruths printed in the December 23, 2005, issue of the Lake Elmo Leader. She stated
that she had talked with Mayor Johnston, Council Member Smith and City Administrator
Rafferty. Ms. Pelnar stated that the Leader stands by its story.
In her 22 years of animal control, and of her four years with the City, Ms. Pelnar stated
she has always responded to calls. She felt blind -sided, with the false allegations, written
in the newspaper. Response time to calls is approximately 15 minutes, and 10 minutes to
Cimarron. In 2005, Ms. Pelnar responded to 221 calls in Lake Elmo, of which five
involved dog bites. If the City Council desired, documentation could be provided
regarding her response times, actions taken and follow-up. Ms. Pelnar said no calls were
received about the "...two dog bites" quoted in the article.
Ms. Pelnar stated, if allowed, she will continue to provide services for the City. She will
also be submitting her contract proposals for 2006.
B. PUBLIC INFORMATIONAL:
(1) Lake Elmo Jaycees Proclamation
Josh Ackerman introduced himself as Jaycees President for 2006. Mayor Johnston
proclaimed the Week of January 15-21, 2006, as Jaycees Week and urged all citizens to
recognize the importance of community service to all of its citizens.
Lake Elmo City Council Minutes January 3, 2006
APPROVED AS AMENDED JANUARY 17, 2006
(2) 2006 Board of Appeal and Equalization Meeting
The Lake Elmo Board of Review will meet at City Hall on Wednesday, May 3, 2006,
between the hours of 4:00 and 6:00 p.m., for the purpose of reviews and correcting the
assessment of said Real Estate for the year 2006.
4. CONSENT AGENDA:
A. Resolution No. 2006-001: Authorizing Signature for Pa ents of Funds from
the Lake Elmo Bank
M/S/P Johnson/Smith — to adopt Resolution No. 2006-001 authorizing Signature for
Payments of Funds from the Lake Elmo Bank. (Motion passed 5-0)
B. Resolution No. 2006-002• Approving Claims
M/S/P Johnson/Smith — to adopt Resolution No. 2006-002 approving Claim Numbers
299, 300, DD594 through DD603, 28448 through 28463, which were used for staff
payroll dated December 20, 2005; claims 301, 28464 through 28494, in the total amount
of $357,039.78. (Motion passed 5-0)
5. ORGANIZATIONAL MEETING•
A. Election of Acting Mayor
The Council must select an Acting Mayor to act on the City's behalf if Mayor Johnston is
unable to attend a meeting, sign an agreement, or attend functions on behalf of the City.
Any member of the Council is eligible for this position.
M/no Second DeLapp — to nominate Steve DeLapp as Acting Mayor.
M/S/P Conlin/Johnston — to nominate Anne Smith as Acting Mayor for 2006.
(Motion passed 5-0)
B. Designation of Legal Newspaper
MIS Johnson/Conlin - to designate the Lake Elmo Leader as the City's legal newspaper
for 2006.
M/S/F DeLapp/Johnston — to amend the motion to designate the Oakdale -Lake Elmo
Review as the City's legal newspaper for 2006. (Motion failed 4-1; DeLapp more
research needed; Leader rates are high)
M/S/P Conlin/Johnson — to designate the Lake Elmo Leader as the City's legal
newspaper for 2006, subject to Affidavit of Circulation submitted from Lake Elmo
Leader. (Motion 4-1; DeLapp)
C. Designation of Official Depositories for 2006
Staff recommended the designation of the following depositories for the City: Lake
Elmo Barak, Wachovia Securities, Smith Barney Citigroup and Northland Securities.
Lake Elmo City Council Minutes January 3, 2006
APPROVED AS AMENDED JANUARY 17, 2006
M/S/P Johnson/Smith — to designate Lake Elmo Bank, Wachovia Securities, Smith
Barney Citigroup and Northland Securities. (Motion passed 4-1; DeLapp wanted the
City to contact Bremer Bank since they are located in the City).
D. Appointment of City Engineer
M/S/P Smith/DeLapp - to appoint Tom Prew/TKDA as the City Engineer for 2006.
(Motion 5-0.)
E. Appointment of City Attorney (Civil and Criminal)
M/S/P Smith/Jobnson - to appoint Jerry Filla, Peterson, Fram & Bergman as the City
Attorney, for both civil and criminal matters for 2006. (Motion passed 5-0.)
F. Appointment of Financial Advisor
M/S/P Johnson/Smith - to appoint Paul Donna, Northland Public Finance Group as the
City's Financial Advisor for 2006. (Motion passed 5-0.)
G. Appointment of Auditing Firm
M/S/P Johnson/Conlin - to appoint Steven R. McDonald, CPA, Abdo, Eick & Meyers,
LLP as the City's Auditing Firm for 2006. (Motion passed 5-0.)
H. Cable Operator: Steven Press
M/S/P DeLapp/Conlin — to approve the reappointment of Steven Press as the City's
part-time Cable Operator at $13.90/hour for taping and broadcasting City's meetings.
(Motion passed 5-0.)
I. IT: Next Genesis
Council Member DeLapp wondered why the City chose this company, and requested an
update on the City's new webpage. Finance Director Bouthilet stated the rates and
services provided were 65% higher elsewhere. The new webpage should be ready in 30
days for Staff to be trained.
M/S/P Johnson/Conlin - to approve the reappointment of the computer service contract
between the City and Next Genesis (Ryan Masanz).
(Motion passed 5-0.)
J. Animal Control
M/S/P Johnson/Conlin — to request Proposals for Animal Control Services for 2006, and
to extend contract with Kathi Pelnar as the City's Animal Control Officer through
February 2006. (Motion 5-0.)
K. Change CaILngil Committees to Council Workshops- Resolution No. 2006-006
Administrator Rafferty recommended this informal public setting as a more efficient way
of learning and discussion of City items. Council Member Smith inquired who will be
conducting the Council Committee meetings. Administrator Rafferty said the Mayor
would be in charge and minutes kept. Council Member DeLapp requested a thorough
Agenda. At the December 20, 2005, Council meeting, a Motion was made by Council
Lake Elmo City Council Minutes January 3, 2006
APPROVED AS AMENDED JANUARY 17, 2006
Member Conlin about televising the Workshop meetings. Motion failed. Council
Member Conlin voted for the Motion because she felt it would be a learning experience
for the community.
M/S/P Johnson/Conlin — Resolution 2006-006, approving the change from Council
Committee structure to a Council Workshop, with meetings to be held on the second
Tuesday of each month, beginning at 6 p.m. (Motion passed 4-1 DeLapp, too much goes
on at the meetings, minutes not approved and meeting should be cabled.)
6. NEW BUSINESS:
A. Employee and Volunteer Recognition Party
Staff was directed to provide possible dates for The Employee and Volunteer Recognition
Banquet for 2006. The City will extend invitations to all employees, community
volunteers and their spouse/guest to attend.
M/S/P Conlin/Johnson — to pursue funding from the Lake Elmo Jaycees and to come
back with recommendations on dates. (Motion passed 5-0.)
B. Whiting letter received December 2 2003
Neighbors of 35" Street have requested something be done about the lighting being very
bright at Animal Inn. City Planner Dillerud said the lighting met City codes when built,
but he would contact Animal Ina about their concerns.
7. MAINTENANCE/PARIC/FIRE/BUILDING•
A. Update on Fire Dot.: Chief Malmquist -no report.
8. CITY ENGINEER'S REPORT -no report.
9. PLANNING, LAND USE & ZONING:
A. Comprehensive Plan Amendment -Trails Guide Plan: Resolution 2006-003
City Planner reported that the Plaiming Commission recommended adoption of the
Trail Plan as an element of the Lake Elmo Comprehensive Plan. Glen VanWormer
of SEH presented an overview of the Trail Guide Plan.
M/S Johnson/Conlin — to adopt Resolution 2006-003 Comprehensive Plan
Amendment - "Comprehensive Trail Guide Plan".
Council Member DeLapp discussed 14 modifications/issues he has with the plan from
a map provided to the Council. He asked that City Council adopt Resolution
2006-003. The City Planner said he would bring Council Member DeLapp's maps
and concerns to the Parks Commission for further discussion, and possible future
amendments to the Trails Guide Plan.
M/S/P DeLapp/Smith - to amend to review the 14 points of interest brought up by
Council Member DeLapp with the process suggested by the Planner.
(Motion 5-0)
Lake Elmo City Council Minutes January 3, 2006
APPROVED AS AMENDED JANUARY 17, 2006
M/S/P Johnson/Conlin — to adopt Resolution 2006-003 Comprehensive Plan
Amendment -Trails Guide Plan as amended.
(Motion 5-0)
B. 2030 Comprehensive Plan Amendments: Resolution 2006-004 .
City Planner Dillerud provided the following: Draft Planning Commission minutes
from December 19, 2006, Resolution by Tom Armstrong, and redraft with edits of
Old Village with text. City Plamier Dillerud noted that he had provided City Council
with this information on December 20, 2005.
Resident Susan Dunn addressed the need to modify the Old Village Master Plan and
the need to add verbiage for buffers to existing developments, to respect the
environment of the Old Village, maintain the rural character, and spare the trees in
our urban forest.
Council Member DeLapp said that he wants to see buffers between the existing Old
Village homes/businesses and new developments.
M/S/P DeLapp/Smith — Approve edited document (9A-6) by adding language
assuring reasonable buffers between new developments and existing Old Village, and
to respect environmental conditions.
(Motion 5-0.)
City Attorney Filla provided the City Council amended draft text for Chapter III of
the 2030 Comprehensive Plan that addressed the remedial measures that appear as
conditions to Metropolitan Council Resolution 2005-20, He recommended the draft
text as a substitute for the text prepared by the City Planner.
Council Member DeLapp stated that the proposed text amendment is not in the best
interests of the City and amounts to a punitive measure by the Metropolitan Council.
City Planner Dillerud said that the Lake Elmo City Council did not approve the
remedial measures found in the December 29, 2005, Metropolitan Council Resolution
2005-20. He advised the City Council that the Metropolitan Council requires the
remedial language from Resolution 2005-20 be in the Comprehensive Plan.
Resident Tom Armstrong said he opposed remedial measures as they are a penalty
for being granted an extension. He explained the motivation behind the Planning
Commission Motion. He asked why METC needs to put this language in the
Comprehensive Plan regarding penalties for the City of Lake Elmo and no other city.
It would be a contractual agreement that the City must then honor.
Resident Susan Dunn stated MEW reminded the Council that they already rejected
the WIF condition of Metropolitan Council Resolution #2005-20 on a 5-0 vote. She
Lake Elmo City Council Minutes January 3, 2006
APPROVED AS AMENDED JANUARY 17, 2006
noted that METC has never had a WIF fee before; it is extortion and the City should
say no to a Comprehensive Plan with WIF.
Council Member Conlin asked about the consequences to the City if the remedial
conditions were not in the 2030 Comprehensive Plan.
City Attorney Filla said Paragraph 3E of the Met Council Resolution states that if the
Metropolitan Council would sue the City to attain compliance, the City would pay the
costs of the litigation. He also noted that if we don't comply, the MOU becomes null
and void. City Administrator Rafferty stated that he sees the WIF as a remedial
action and not as a penalty. If the City fails to follow the staging plan, which is part
of the City's budget, the City will pay more but the City will get that money back as
credits for future connection charges.
Mayor Johnston said the Metropolitan Council staff is continuing to maintain that the
2030 Lake Elmo Plan is not complete, even though City staff maintains that it is
complete per usual Met Council practice, and was submitted on September 6, 2005.
Council Member Smith asked City Attorney Filla about Section 3N of Metropolitan
Cotmcil Resolution 2005-20. Council Member Smith suggested that wording be
added to the City's Comprehensive Plan stating, "...provided that Wastewater
Inefficiency Fee (WIF) would not be imposed if imposing such a fee would be in
conflict with any portions of the MOU."
City Attorney Filla said that you cannot pick and choose. You have to take the whole
thing.
Resident Ann Bucheck asked if the City was guaranteeing her no assessment; no
guarantee could be provided.
Council Member DeLapp stated that METC hasn't rejected the Comprehensive Plan
for reasons backed by law.
Council Member Conlin would like to see something added that will help the City out
in the long run.
Council Member DeLapp asked how we could guarantee our residents there would
not be penalties imposed by the Metropolitan Council.
Resident Tom Armstrong said conflicts would occur if the City's Plan is submitted
with any of the Metropolitan Council Resolution #2005-20 conditions included.
M/SIP Johnsto0ohnson — to adopt Resolution 2006-004 amending the 2030
Comprehensive Plan regarding the Village Area text as recommended by the
Planning Commission, and regarding the City compliance with Metropolitan Council
Resolution #2005-20. This Resolution was amended by Lake Elmo Remedial
Lake Elmo City Council Minutes January 3, 2006
APPROVED AS AMENDED JANUARY 17, 2006
Measures document drafted by City Attorney Filla and City Council to become part
of the Comprehensive Plan Resolution. (Motion 5-0.)
C. 2006 2010 Capital Improvements Program (CIP)• Resolution 2006-005
The City Planner recommended adoption of the 2006-2010 CIP for Council
consideration.
MIS/P Johnston/Smith — to adopt Resolution 2006-005, adding $25,000 to the
Carriage State Park. (Motion passed 5-0)
D. Metropolitan Council System Statement —verbal
The City Planner reported that Met Council attorney stated at the December 20, 2005,
System Statement Hearing that the issues at the Metropolitan Council with the
System Statement deal with process, not substance.
10. CITY ATTORNEY'S REPORT: ro owners north of l0a'
The City was served Friday, December 30, 2005, by property y
Street. The City and Met Council are being sued as the Comprehensive Plan should
be following the original nine conditions. If not, the courts should be directed to
develop the Comprehensive Plan for the City.
11. CITY ADMINISTRATOR'S REPORT: - no report
12. CITY COUNCIL REPORTS:
Mayor Dean Johnston mentioned again the Ribbon Cutting Ceremony for the Grand
Opening of Ramsey Center for the Arts on Saturday, January 7, 2006, at 1:00 p.m.
Council Member DeLapp thanked City Planner and City Administrator for the good
work.
The Council recessed the meeting at 10:46 p.m. for a Closed Meeting.
Respectfully submitted by Carole Freeman, Recording Secretary
Resolution No. 2006-001 Signatures for Payments of Funds from the LE Bank
Resolution No. 2006-002 Claims
Resolution No. 2006-003 Comprehensive Plan Amendment -Trail Guide Plan
Resolution No. 2006-004 Comprehensive Plan Amendments
Resolution No. 2006-005 2006-2010 Capital Improvements Program (CIP)
Resolution No. 2006-006 Change Council Committees to Council Workshops
Lake Elmo City Council Minutes January 3, 2006
Lake Elmo Agenda Section: PUBLIC INFORMATIONAL No. 3B(2�
City Council
February 7,
2006
Agenda Item: Reschedule March 7th City Council Meeting
Background Information for February 7, 2006:
On March 7 the Precinct caucuses will be taking place. State agencies, school boards, county boards, city
councils, and all other political subdivisions cannot conduct meetings after 6:00 p.m. on caucus night. The
Council will have to reschedule the Council meeting date to either Monday, March 6`h or Wednesday,
March Sth whichever date is convenient.
Action Items: Person responsible:
M/S to reschedule the Tuesday, March 7th Council S. Lumby
meeting because of a conflict with the Precinct Caucus schedule
for this night to Monday or Wednesday, 7 p.m.
Attachments:
Time Allocated:
Lake Elmo Agenda Section: PUBLIC INFORNIATION2
City Council
February 7,
2006
Agenda Item: Employee and Volunteer Recognition Dinner
Background Information for February 7, 2006:
The Employee and Volunteer Recognition Dinner will be held at Ta
10, 2006. There will be a social/cash bar at 6:30 p.m. with dinner at
extend invitations to all employees, community volunteers and their
This event was made possible through the generosity of the Lake Eh
Action Items•.
M/S to announce the Employee and Volunteer
Recognition Dinner to be held at the Tartan Park Clubhouse, on
Friday, March I0t' .
Attachments:
kL I No. 3B 3
rtan Park Clubhouse on Friday, March
id program following. The City will
spouses/guest to attend the Dinner.
no Javicees_
Person responsible:
S. Lumby
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-010
RESOLUTION APPROVING CLAIMS
BE IT RESOLVED THAT Claim Numbers 305, 306, DD614 through DD626,
28563 through 28598, were used for Staff Payroll dated January 19th, 2006; Claim
Numbers 307, 308, DD627 through DD637, 28599 through 28605, were used for Staff
Payroll dated February 2nd, 2006; claims 309, 28606 through 28669, in the total amount
of $578,099.89 are hereby approved.
ADOPTED, by the Lake Elmo City Council on the 7th day of February, 2006.
ATTEST:
Martin J. Rafferty
City Administrator
Dean A. Johnston
Mayor
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CITY OF LAKE ELMO JA 1 2006
2005 BILLING SUMMARY
MONTH
11135
Administration
11140
criminal Pros
11145
Public Imp. Pro'
11150
Community Dev
11155
Civil Litigation
11161
Auto Forfeiture
TOTAL
Jan
$4,443.11
$3,456.17
$66.00
$673.71
$210.00
$464.00
$9,312.99
Feb
$2,439.99
$2,868.68
$544.36
$198.00
$94.50
$6,145.53
March
April
$3,375,41
$1,979.81
$3;562.62
$3,328.76
$77.00
$1,956.61
$2,753.61
$99.00
$954.77
$318.50
$307.00
$9,312.14
$9,400.95
May
$3,779.92
$3,329.95
$297.00
$390.50
$354.32
$518.00
$8,669.69
June
July
$3,795.88
$3,690,32
$3,777.44
$3,349.44
$165.86
$363.00
$333.50
$1,261.00
$132.54
$40.50
$40.50
$9,403.68 .
$7,546.30
Aug
$2,602.10
$4,550.31
$352.00
$865.07
$590,61
$8,960.09
Sept
$1,178.61
$3,745.10
$121.00
$929.61
$723.46
$1,508.50
$8,206.28
Oct
$2,193.21
$3,433.08
$154.00,
$665.03
$203.78
$94.50
$6,743,60
Nov
$3,027.11
$3,469.90
$132.00
$712.53
$279.54
$207.00
$7,828.08
Dec
$2,781.67
$3,796.77
$726.00
$2,002.17
$9,306.61
Totals
$35,287.14
$42,668.22
$1,557.22
$10,054.10
$7,085.65
$4,183.61
$100,835.94
1 /17/2006
Suite 900
S 1-t N
50 Fifth Street Eas101f F BERA...11 Y AL e1 V
St. Paul, MN 55101-1 197
® e
CITY OF LAKE ELMO
3800 Laverne Avenue North
Lake Elmo MN 55042
ACCOUNT NO
(651)291-8955
(651) 228.1753 facsimile
Federal Tax ID IP41-0991098
Page: 1
12/31/2005
11135M
FEES EXPENSES
ADVANCES
BALANCE
11135-000008
Comp. Plan Update 2000-2020
1,243.00
6.63
0.00
$1,249.63
11135-030004
SNOWMOBILE - ATV
REGULATION
99.00
0.00
0.00
$99.00
11135-040010
VACATION OF 55TH
STREET
0.00
0.43
133.65
$134.08
11135-920001
Administration
-
1,298.00
0.96
0.00
$1,298.96
11133-920002
Oakdale -Lake Elmo
Water Connection
0.00
0.00
0.00
$0.00
2,640.00
8.02
133.65
$2,781.67
THIS STATEMENT 19 DOE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE ➢.MAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT M90NTH,S STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300 yp--w 77�t 'pPgERS�� /�/� 7� (651) 291.8955
50 Paul Street East �-i �/� "/BERG V AN (65l Tax
ID 53facsimile
St. Paul, MN 55101-I 197 .LL V Federal Tax ID #41.0991098
v v e v
. Page: 1
CITY
OF LAKE ELMO
12/31/2005
3800
Laverne Avenue North
ACCOUNT NO.
11140M
Lake
Elmo MN 55042
FEES
EXPENSES
ADVANCES
BALANCE
11140-030001
Misc Prosecutions
3,205.00
37.66
0.00
$3,242.66
11140-040262
Bunting, Jack Douglas
no insurance, no proof of insurance
22.50
0.00
0.00
$22.50
11140-050075
St. Michael, Andrew Thomas
GM-proprty damage, domestic
assault
22.50
0.00
0.00
$22.5D
11140-050116
Baron, Richard John
DAS
5.00
0.00
0.00
$5.00
11140-050181
Remmen, Howard Lester
2nd degree DUI, DAS
5.00
0.00
0.00
$5.00
11140-050192
Taylor, William David
GM-DAC-IPS
5.00
1.61
0.00
$6.61
11140-050209
Salzman, Sandra Ann
careless driving
5.00
0.00
0.00
$5.00
11140-050233
Goldberg, Scott
disorderly conduct
5.00
0.00
0.00
$5.00
THIS STATEMENT 15 DUE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL ESE CREDITED TO THE NEXT MONTHS STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300
50 Fifth Street East
St. Paul, MN 55101.1197
r
v3t'�S; Fctfi;' S>S.I:b-"N,71 EL, j`A,tB #S 0, l A`T' Ro N�'t
(651)291.8955
(651) 228.1753 facsimile
Federal Tax ID 041 �0991098
Page: 2
CITY OF LAKE ELMO
12/31/2005
ACCOUNT NO.
11140M
FEES
EXPENSES
ADVANCES
BALANCE
11140-050244
Jacobson, Richard
careless driving, no insurance
5.00
0.00
0.00
$5.00
11140-050249
Meissner, Chad E.
GM -no insurance, DAS
5.00
0.00
0.00
$5.00
11140-050254
Swanson, Thomas D.
4th degree DUI, no insurance,
drive
without headlights
5.00
0.00
0.00
$5.00
11140-050256
Perez, Steven Samuel
DAC-IPS
10.00
0.00
O.OD
$10.00
11140-050258Casanova,
Margaret Lynn
GM -no insurance, DAR
10.00
0.00
0.00
$10.00
11140-050259
Davis, Vicki Lynn
DAS
70.00
0.00
0.00
$70.00
11140-050261
Roth, Tanessa Lynn
Violate restraining order
5.00
0.00
0.00
$5.00
11140-050264
McIarnon, Christopher
careless, no dl
5.00
0.00
0.00
$5.00
11140-050268
Olivarez, Tia Marie
DAR, no proof of insurance
10.00
0.00
0.00
$10.00
THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL RE CREDITED TO THE NEXT MONTHS STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300
50 Fifth Street East -
St. Paul, MN 55 10 1.1 197
(651)291-8955
(651) 228.1753 facsimile
Federal Tax ID #41.0991098
CITY OF LAKE ELMO
_
Page: 3
12/31/2005
ACCOUNT N0.
11140M
FEES EXPENSES
ADVANCES
BALANCE
11140-050271 Gleason, Jean Louise
pass on shoulder
5.00
0.00
0.00
$5.00
11140-050273 Takemoto, Eric James
3rd degree DUI, DAR
62.50
0.00
0.00
$62.50
11140-050274 McAninch, Andrea J.
2nd degree DUI
62.50
0.00
0.00
$62.50
11140-050276 Minich, Robyn Lynn Siedow
trespass, DOC
5.00
0.00
O.DO
$5.00
11140-050277 Wilson, Allen
domestic assault
5.00
D.00
0.00
$5.00
11140-050281 Sandberg, Erick
DAS
5.00
0.00
0.00
$5.DO
11140-050282 Kincaid, Jesse Kole
4th degree DUI, pass
on shoulder,
speed
10.00
0.00
0.00
$10.00
-11140-050283 Fletch, Jay William
3rd degree DUI
62.50
0.OD
0.00
$62.50
11140-050284 Sorenson, Steven C.
3rddegreeDUI
62.50
0.00
0.00
$62.50
THIS STATEMENT IS 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 PAYMENT.
Suite 300 7- P E 1R�- 1��QN ��� �T (651) 291.8955
50 Paul Street East H �/� I\-/1 BLdE—V V it 11 V (651) 2x 753 facsimile
St, Paul, MN 55101 �I197 L A ld 11 V 1 Federal Tax ID #41.0991098
Page: 4
CITY OF LAKE ELMO 12/31/2005
ACCOUNT NO. 11140M
FEES
EXPENSES
ADVANCES
BALANCE
11140-0.50291
Jones, William Harold Sr.
Gm -no insurance,
10.00
0.00
0.00
$10.00
11140-050293
Pita, Andrew
4th degree DUI, not a drop
violation, open
bottle
5.00
0.00
0.00
$5.00
11140-050297
Petrick, David
assault, domestic assault
5.00
0.00
0.00
$5.00
11140-050298
Jones, Arthur
violate limited DL
57.50
0.00
0.D0
$57.50
3,757.50
39.27
0.00
$3;796,77
THIS STATEMENT IS DBE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAYOF THE MONTH WALL BE CREDITED TO THE NEXT MONTH'S STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300
50 Paul Street East
St. Paul, MN 55101-I
197
7-� yE-�7_� ,q 777��� 7�
8-1 � � /� ✓ rBERG
228-1 facsimile
L j�A �/i ,.�+' Ll
Pedf651 #53
e a y e
Page: 1
CITY
OF LAKE
ELMO
12/31/2005
3800
LAVERNE
AVENUE NORTH
ACCOUNT NO.
11150M
LAKE
ELMO MN 55042
-
.FEES EXPENSES
ADVANCES
BALANCE
11150-050004
FARMS OF LAKE ELMO O.P. DEVELOPMENT
99.00 0.00
0.00
$99.00
11150-050007
LAKE ELMO DEVELOPMENT CORPORATION — OP
506.00 0.00
0.00
$506.00
11150-050009
PLAT, REZONING AND COMP PLAN — PARK MEADOWS
121.00 0.00
- 0.00
$121.00
726.00 0.00
0.00
$726.00
THIS STATEMENT is DUE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTHS STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300 e EI�f5ON �
50 Fifth Street East y--� BE
SC. Paul, MN 55101-I 197 �1 �1\f0...1.
4 B 0
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
FEES
11155-040002 ZIERTMAN/SESSING PROPERTY
1,633.50
(651) 291.8955
(651) 228-1753 facsimile
Federal Tax ID #41.0991098
t
Page: 1
12/31/2005
ACCOUNT NO. 11155M
EXPENSES ADVANCES BALANCE
8.67 360.00 $2,002.17
THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEHYED AFTER THE LAST DAY OF THE MONTH WILL RE CREDITED TO THE NEXT IKONTIH'S STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
FEB-02-2006 13:38 TKDA 651 292 0083 P.04
444 Cedar Street
TKDA Saint Paul, MN 55101-2140
ENGINEERS ARCHITECTS - PLANNERS (651) 292.4400
(651) 292-0093 Fax
www.lkda.com
project. No. 13186A00,002• Cert. No. 4 8t. kaul, MN, - January 25 , 20 06
To City of Lake Elmer lylinnesota _ Owner
I This Certifies that Chris Riley Utilities Inc. Contractor
For W ter System Interconnect - Phase 1 __
Is entitled to Ten Thousand Four 1-1 'dred Tw -S,,ven Dollars and
being 4th estimate for partial payment on contract with you dated April 5 2005
Received payment in full of above Certificate. TKDA
Chris Riley Utilities, Inc,
20 Thomas D. Prew,
RECAPITULATION OF ACCOUNT
CONTRACT
PLUS EXTRAS
PAYMENTS
CREDITS
Cantract price plus extras
348,626.18
All pTevious paytvents _
$ 309,694.06
All previous credits
P1ra No.
Credit No.
.u
$ -
n u
AMOUNT OF THIS CERTIFICATE
$ 10,427.20
Totals
$ 348,626.18
$ 320 121.26
$ -
There wiA terrain unpaid on contract after
payment ofthis Certificate
S 28 504.92
348,626.18
$ 348,626.18
$ -
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
I—- -aws
fi
W, 1 MOTT - jv AWS.,
7 �J
not,
-1 NAT
-, tY_
I"
I T
0_" 1-' .40
- "for
'Top --rr,
M__ 11-C I V
31 "Pv
N
5'Mf 0
to
771
. . . . . . . . . . . . . . . I i4 . . . . . . . .
FEB-02-2006 13:39 TKDR 651 292 0093 P.05
TKDA
Engineers -Architects -Planners Saint Paul, Minnesota 55101
PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS
Estimate No. 4 Period Ending January 23 20 06 Page 1 of 1 Project. No. 13186.000,002
Contractor Chris Riley Utilities Inc Original Contract Amount 1348,626.19
Location
Total Contract Work Completed
Total Approved Credits
Total Approved Extra Work Completed
Approved Extra Orders Amount Completed
Total Amount Earned This Estimate
J.ass Approved Credits
Less 5 %Retained
Less Previous Payments
Total Deductions
Amount Due This Estimate
$ 0.00
0.00
$ 16,848.49
$ 309,694,06
$ 336,969.75
$ 0.00
S 0.00
$ 336,969.75
$ 326,542.55
$ _ 10,427.20
Contractor _ _
--- Date
Chy48 Riley ili ' , Inc.
Engineer Date Januacv 25.2006
Thomas D_ Pr6w, P.E.
FEE-02-2006 13:39 TKDA
651
292 0083
P.06
ESTIMATE NO, 4
PERIOD ENDING:
_
Jan- usry
23 2000
WATER SYSTEM INTERCONNECT - PHASE I
CITY OF LAKE ELMO, MINNESOTA
TKDA PROJECT NO. 13186.000
ITEM
NO, DESCRIPTION
CONTRACT
QUANTITY
UNIT
AMOUNT
BASE BI '
TO DATE
PRICE
TO DATE
1 MOBILIZATION
2 REMOVE & DISPOSE OF BIT. PAVEMENT
LS
1.0
1.0
$
16,000.00
$
15,000.00
3 SAW CUT BIT, PAVEMENT
.Sy
210.0
68.0
$
5,00
$
330.00
4 PATCH BIT, PAVEMENT 4" THICK
LF
75.0
71.0
$
7.00
$
71.00
5 REMOVE & REPLACE CMP CULVERT
BY
210.0
66.0
$
18.00
$
1,188.00
6 - SEEDING, INCL. SEED, FERTILIZER & WOOD FIBER BLANKET
LF
70.0
30.0
$
12.00
$
360.00
7 SODDING TYPE LAWN
BY
900.0
600.0
$
1.50
$
000.00
8 CL-5
BY
200.0
-
$
2.50
$
9 BIT. PAVEMENT FOR DRIVEWAY2" DEPTH
TN
30.0
119,0
$
9.00
$
1,071.00
10 CONNECT TO EXIST. WATERMAIN
TN
154.0
181.12
$
50.00
$
9,053,00
11 6" DIP CL-52 WATERMAIN
EA
1.0
"0
$
1,200.00
$
1.200.00
12 8" DIP CL-60 WATERMAIN
LF
42.0
24.0
$
33.82
$
011.68
13 DIR, DRILL 16" (DIP) HDPE DR 17
LF
15'0
12,0
$
45.66
$
550.32
14 6" RES. SEAT GATE VALVE & BOX
LF
6,649.0
8,649,0
$
40.46
$
269,151.52
15 0" RES. SEAT GATE VALVE & BOX
EA
6.0
6.0
$
888.42
$
5,380,52
16 16" BUTTERFLY VALVE & BOX
EA
1-0
1.0
$
1,179,32
$
1,179.32
17 &" HYDRANT (•/'"6" BURY)
EA
4.0
5.0
S
2,610.91
$
13,054.55
18 MJ DIP COMPACT FITTINGS
EA
610
6.0
$
2,720.14
$
16,320.04
19 TYPE LV-3 BIT. NON -WEAR COURSE MIXTURE
L®
4,109.0
466.0
$
3.00
$
1,395.00
20 TYPE l.V-4 BIT. WEAR COURSE MIX
TN
$
-
$
21 BITUMINOUS MATERIAL FOR TACK COAT
TN
181.0
$
-
$
-
22 TOPSOIL BORROW
CA
_
$
$
23 SODDING
CY
-
130.0
$
-
TOTAL ESTIMATE NO.4
$ 336,989.75
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-011
A RESOLUTION APPROVING PARTIAL PAYMENT NO.4
TO CHRIS RILEY UTILITIES, INC.
FOR WATER SYSTEM INTERCONNECT -PHASE I
BE IT RESOLVED, that the Lake Elmo City Council hereby
approves Partial Payment No. 4 to CHRIS RILEY UTILITIES INC. in the
amount of $10,427.20 for Water System Interconnect -Phase I.
ADOPTED by the Lake Elmo City Council the 7th day of February,
2006.
Dean Johnston, Mayor
ATTEST:
Martin Rafferty, City Administrator
FEB-02-2006 13 37 TKDA 651 292 0083 P.01 1
1500 Piper JaMy Plan
�Cedar Street
TJM"Z& t Paul, PAN 55101-2140 /
ENGINEERS - ARCHITEM • PLANNERS
(651) 292-4400
(651)292-0083 Fax
www.tkda.com
Proj. No. 13186.000 Cert, No. 2 St. Paul, MN, January 18 _, 20 06
To City of Lake Elmo Minnesota — Owner
This Certifies that Chris Riley Utilities Inc , Contractor
I
IFor Water System Interconnect - Phase Ill (Jamaca Avenue. Stillwater Boulevard. and 31st Streets)
Is entitled to Eighty -Two Thousand Five Hundred Twenty -Two Dollars and 66/100------- ($ 82,522.66 )
being 2nd __ estimate for partial payment on contract with you dated Seoternber 20 2005
Received payment in full of above Certificate.
TKDA
Chris Riley Utilities, Inc.
, 20 Thomas D. Pre , P.E.
RECAPITULATION OF ACCOUNT
Contract price plus extras
CONTRACT
PLUS EXIR.AS
$ 612,W0.32
PAYMENTS
CREDITS
All pnevious payments
An previous credits
BATa No.
$ 108,941.79
Change Order No.1
$ -
11 f.
11 M
Credit No.
$ _
n n
n
AMOUNT OF THIS CERTIFICATE
$ 92,522.66
Totals
$ 612.000.32
S 191,464.45
$ -
Credit Balance
Therir willremaun unpaid on contract after
payrrz:nt of this Certificate
$ 420 535.87
$ 612,000.32
$ 612.000.32
$ -
An Employee Oymed Company PromoHnp Alimtativo Action and Equal Opportunity
FEE-02-2006 13:30 TKDR 651 292 0093 P.02
TK DA
Engineers -.Architects -Planners
)PERIODICAL ESTI14I kTE FOR PARTIAL PAYMENTS
Estimate No..^�2_ Period Ending lnnuary 12 _, 20 0� Pago 1 of 1 PYoj. No. 13186.000
Contractor Chris W10V Utilities, Inc Original Contract Amount n $612,000.32
Location
Total Contract Work Completed
Toffi1 Approved Credits
Total Approved Extra Work Completed
Approved Extra Orders Amount Completed
Total Amount Earned This Estimate
Less Approved Credits
Leas 5 % Retained
Less Previous Payments
Total Deductions
Amount Due This Estitnato
Contractor
Inc,
Prow, P.E.
$ 201,573.10
$ 0,00
$ 0.00
$ 0.00
$ 201,573.10
$ 0.00
$ 10,078.66
1082941.79
$ 119,020.45
$ 82,552.66
Date
Date January 18, 2006
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-012
A RESOLUTION APPROVING PARTIAL PAYMENT NO.2
TO CHRIS RILEY UTILITIES, INC.
FOR WATER SYSTEM INTERCONNECT -PHASE III
(Jamaca Avenue, Stillwater Boulevard, and 315t Street)
BE IT RESOLVED, that the Lake Elmo City Council hereby
approves Partial Payment No. 2 to CHRIS RILEY UTILITIES INC. in the
amount of $82,522.66 for Water System Interconnect -Phase III.
ADOPTED by the Lake Elmo City Council the 7th day of February,
2006.
Dean Johnston, Mayor
ATTEST:
Martin Rafferty, City Administrator
FEB-02-2006 13:38 TKDR 651 292 0093 P.03
1500 Piper Jaffray Plaza
�K�� 444 Cedar Street
Saint Paul, MN 55101.2140
ENGINEERS - MCNITECTS - PLANNERS
(651) Z92-4400
(651) 292-0083 Fax
www.tkda.com
Proj. No, 13186.000 Cert. No. 3 St. Paul, MN, January 25 , 20 06
To City of Lake Elmo, Minnesota Owner
This Certifies that Chris Riley Utilities, Inc. , Contractor
For Water System interconnect - Phase III (Jamaca Avenue Stillwater Boulevard, and 31st Streets)
Is entitled to Ten Thousand Seven Hundred Nine Dollars and 71/100---------------- - ($ I0.709,71 )
i beinS 3rd estimate for partial payment on contract with you dated September 20 2005
Received payment in full of above Certificate.
Chris Riley Utilities, Inc.
, 20
TKDA
Thomas D. Prew, P.E.
RECAPITULATION OF ACCOUNT
CONTRACT
PLUS EXTRAS
PAYMENTS
CREDITS
Contract price plus extras
$ 612.000.32
All previous payments
$ .191464.45
All previous credits
Bdra No.
Change Order No. 1
$ _
Credit No.
M .I
AMOUNT OF -441S CERTIFICATE
S 10,709.71
Totals
$ 612,000.32
$ 202,174.16
$ _
Credit Balance
There vnH remain unpaid on contract after
payment of this Cmificate,
$ 409,826,16
$ 612,000.32
$ 612,000.32
$ _
An Employee Owwd Company Promoting A>rnative Action ano Equal Opporrun ry
k'�11
wqaq{r I eftwoo 0 '
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-013
A RESOLUTION APPROVING PARTIAL PAYMENT NO.3
TO CHRIS RILEY UTILITIES, INC.
FOR WATER SYSTEM INTERCONNECT -PHASE III
(Jarnaca Avenue, Stillwater Boulevard and 315t Street)
BE IT RESOLVED, that the Lake Elmo City Council hereby
approves Partial Payment No. 3 to CHRIS RILEY UTILITIES INC. in the
amount of $10,709.71 for Water System Interconnect -Phase III.
ADOPTED by the Lake Elmo City Council the 7th day of February,
2006.
Dean Johnston, Mayor
ATTEST:
Martin Rafferty, City Administrator
FEB-02-2006 13:39 T.'DA 651 292 0063 P.07
r.LrzxxrA 1500 Piper Jaffray plaza
444 Cedar Street
ENGINEERS • ARCHITECTS • PLANNERS S210 Paul, MN 55101-2140
(651) 292.4400
(651) 292-008a Fax
www.Ikda.com
Proj. No- 13253,000 Cert_ No. 1 St_ Paul, MN, January 24
2006
To Cily of Lake Elmo Minnesota
Owner
This Certifies that CB&I Constructors Inc.
Contractor
For E1 wated Water —St —or -age Tank No. 2
Is entitled to Fo ly Six Thousand Three ]Hundred Twelve Dollars and 50/100-------�
(S 46,312.50 �
being 1st estimate for partial payment on contract with you dated October 18
2005
lteeeivod payment in full of above Certificate.
Concoct price plus eras
AD previous payrtonts
All previous credit;,
B= No.
,Change 4rdcrNo. I
Credit No,
AMOUNT OF THIS C1
TK.DA
CB&I Constructors, Inc. "A,
-
20____._ Kurt B. Johnso E.
RECANYT T11tJATION OF ACCOLTNTT
CONTRACT
PLUS Ek_TRAS PAYMENTS CREDITS
TIFICATE
Totals S
Credit Balance
There wiD remain unpaid on contract a$cr
payment of this Certificate
S
W�M
WMM
W�M
MMM
M Employee Owned Company Promotlnp AffMarlw Action and Equal Oppatuni(y
z
� fs 11 \r=l' �'�'�•A' �'� -� s z' 7 Sig .�7 -�t '�!� f
4 f yowl
*
` � ii f
Ix ! r I Y' l�i�•ti�tJ >�.b �+ 1 1 f! tr•1 *'tb s� �x�1'r t-'7�'� i+l W. z z ,
i R c�.
+ItIL-_; {.1
SMI glow 1,��-; fT4. Qy -
'' �
t { � iv.-ir Z •r•� r r �jj �T+T" Y�'��'r— �di' � t L-{4rP �s )r • !
3! ��r S� ViaF+ rU?rlc~ R-fix tytl ?..'+` xs } as
t 4 1 ! 1� q - �- t
5f ��i��,r
-
1
.-
FEB-02-2006 13:40 TKDR 651 292 0083 P.08
�pee�@ q� �s y, Inc, ■ay. _
l + abr6HW Constrluctor%
f 0660 Hickman Road - IotIEPP*E �aril°�tyO
Ta
TKDA
1600 Piper Jaffray Plaza
444 Cedar Street
St. Paul, MN. 66101
Attn: Mr. Kurt Johnson
750 Mr F 1 114' C
Original Contract Price
Total Contract Price
nFcr __ RiP'fl®N
Engineering I Foundation Drawings to
Approval, bonds I insurance
Tank & Shaft Drwngs to ApprovaV01d9. Permit
Tank Material Delivery
Tank Foundation / Piping
Derrick 1 Access Tube Fabrication &Erection
Concrete Shaft
Ring Beam Fabrication & Erection / Flat Slab
Tank Fabrication
Tank Erection I Structural2nd Floor Erection
Tank Painting
Tank Disinfection /Heater
Electrical 1 Teiemtry e
Pour tat & 2nd Floors / Control NO -
Final Siia Restoration / Access Road
City of Lake Elmo
3600 Laverne Ave. North
Lake Elmo, MN, 55o42
Ye COMPLETE
$45,750,00
$43,500.00
$160,000.00
$i60,000.00
$40,000.00
$205,000.00
$106,000.00
$85,000,00
s100,730.00
$72,000.00
$1,000.00
$46,020-00
$19,000.00
$�� $4,000.00„
$1,1691000.00
Progress completed e{ D to 5%
Less:
Total Amount Silted To Data
Less: Amount previously Invoiced
CURRENT AMOUNT DUE
100%
0%
0%
0%
0°k
0%
0%
0%
0%
0%
0%
o°k
$1,109,000.00
$0.00
$1,1
a.MOUN DUE
40,750.00
0,00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
48,76000
$48.750.0(
$2,437.5(
$46 312 51
$0.0-
---abrOvemia tMail W11 naferinfam otion
ne is - Reuull Ca ri 1J "v--' 8onk of America
C8&1 Constructors, Inc. Bank of America Lockbox Services ABA: 1 i 1 000 012
PO Boo 406381 CS&I Constructors Inc. •Lockbox 400381 Account Number: 37562726(
6000 Feldwood Road Account Name:
Atlanta, GA 30384-6361 College Park, GA 30349 CS&I Constructors, Inc,
DIRECT pUE6710N3 REGARDINGc Joanne Neaten, AIR Admintstrator, Ph, 616-264.6606 a zelnzl"alanar com
INVOICE 6ILIJNG: Gayla Zenz. Credit Manager, Ph. 616-264,9502 email! 9
INVOICE PAYMENT:
651 292 0083
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FEB-02-2006 13:42 TKDR
Admbk CB&I Constructora, Inc.
am9550 HICKMAN ROAD
OLIVE, IOWA 60325.5310
PARTIAL WAIVER OF LIEN
To; City of Lake Elmo
3800 Laverne Ave. North
Lake Elmo, NUN, 5SO42
COW Contract Number,
37150791
We, having been engaged by you to perform work in the construction of
700 MG CET! 114! TCL
stjob location site: Lake Elmo, MN
651 292 0083 P.11
m accordance with the SIGNED AGREEMENT DATED 24, ZOOS
certify that we have fulfy paid for all work, labor, material, and equipmentOctober furnished to
date by us, or by our subcont
to us of ractors, or material men. In consideration of the payment
$45,312.5tl
Date
for the following Invoice($).
!rLvoice Numbar Amount
Dec-29-05 160791-01
$46,312.50
We hereby release to the extent of payment for said invoices) any and all lien, or
right Df lien, on account of labor and/or material famished in the performance of our
work, This partial waiver of lien is limited to the work included a said in ance(sJ, and
this waiver does not extend to any labor and/or matadal furnished by us on prior or
subsequant invoica(s).
Executed this 29th day of December, 2006,
4n!n,o NealonR Administra$1 Constructors, inc.
Subscribedaridsworn to before me this 29th day of December, 2006.
BY:
,e+ �q„ GAYLA L. ZE
.� nCommissionNumber7i3e6&�
n My CoTT3, 20 n �X,o;rerl j
Dec�3, 2D _)
TOTRL P.11
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-014
A RESOLUTION APPROVING PARTIAL PAYMENT NO.1
TO CB&I CONSTRUCTORS, INC.
FOR THE ELEVATED WATER STORAGE TANK NO. 2
BE IT RESOLVED, that the Lake Elmo City Council hereby
approves Partial Payment No. 1 to CB&I CONSTRUCTORS, INC. in the
amount of $46,312.50 for work improvements to the Elevated Water Storage
Tank No. 2.
ADOPTED by the Lake Elmo City Council the 7th day of February,
2006.
Dean Johnston, Mayor
ATTEST:
Martin Rafferty, City Administrator
Mayor
Dean Johnston
Councilmembers
Steve DeLapp
Liz Johnson
Anne Smith
Rita Conlin
No. 4E .
Agenda Section: Consent Agenda
Agenda Item: Parks Commission Appointment
Date: February 7, 2006
Background Information for February 7, 2006
Parks Commissioner Jenifer Watters term has expired. She has requested reappointment for a second
term.
Parks Commissioner Chuck Nalipinski resigned his commission. 1" Alternate Commissioner Rolf Larson
should be appointed to Full Voting Member status and 2nd Alternate Commissioner Judith Blackford
should be appointed to 1 St Alternate status.
Action Items•
Motion , Second , to reappoint Jenifer
Wafters for a second term on the Parks Commission, to appoint Rolf Larson
as Full Voting Member of the Parks Commission with terms expiring on
February 6, 2009, and to appoint Judith Blackford 1st Alternate Member of the
Parks Commission.
Attachments:
Person Responsible:
K. Schaffel
Time Allocated:
Lake Elmo
Agenda Section: FINANCE
No. 5A
City Council
02-07-2006
Agenda Item: Finance for the New Pumper/Tanker
Background Information for February 07, 2006:
On December 20, 2005 the City Council approved financing the new fire pumper/tanker through issuance of G.O.
Equipment Certificates.
Attached, please find Resolution 2006-015, Authorizing Issuance, Awarding Sale, Prescribing the Form and Details
and Providing for the Payment of $443,000 General Obligation Equipment Certificates of Indebtedness, Series
2006A. Mr. Paul Donna will be in attendance at the City Council meeting to respond to questions.
Action Items Motion to approve Resolution 2006-015
Persons Responsible:
Authorizing Issuance, Awarding Sale, Prescribing the Form and
Tom Bouthilet & Paul Donna
Details and Providing for the Payment of $443,000 G.O.
Equipment Certificate of Indebtedness, Series 2006A
Attachments: Resolution 2006-015
CERTIFICATION OF MINUTES
Municipality: The City of Lake Elmo, Minnesota
Governing Body: City Council
Meeting: A meeting of the City Council of the City of bake Elmo was held
on the 7th day of February, 2006, at 7:00 p.m. at the City offices,
3800 Laverne Ave. N., Lake Elmo, Minnesota.
Members present:
Members absent:
Documents: Resolution No. 06--
- Authorizing Issuance, Awarding Sale,
Prescribing the Form and Details and Providing for the Payment of
$443,000 General Obligation Equipment Certificates of
Indebtedness, Series 2006A
Certifidation:
I, MARTIN J . RAFFERT� City Administrator of the City of Lake Elmo, Minnesota, do
hereby certify the following:
Attached hereto is a true and correct copy of a resolution on file and of record in the
offices of the City of Lake Elmo, Minnesota, which resolution was adopted by the Lake Elmo
City Council, at the meeting referred to above. Said meeting was a regular meeting of the Lake
Elmo City Council, was open to the public, and was held at the time at which meetings of the
City Council are regularly held. Member moved the adoption of the attached
resolution. The motion for adoption of the attached resolution was seconded by Member
. A vote being taken on the motion, the following voted in favor of the resolution:
and the following voted against the resolution:
Whereupon said resolution was declared duly passed and adopted by at least two-thirds
of the members of the City Council. The attached resolution is in full force and effect and no
action has been taken by the City Council of the City of Lake Elmo, Minnesota which would in
any way alter or amend the attached resolution.
Witness my hand officially as the City Administrator of the City of Lake Elmo,
Minnesota this 7th day of February, 2006.
By
Its City Administrator
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006-015
AUTHORIZING ISSUANCE, AWARD SALE FOR G.O. EQUIPMENT CERTIFICATE
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE
FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $443,000 GENERAL
OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2006A
BE IT RESOLVED by the City Council, City of Lake Elmo, Minnesota (the City), as
follows:
Section 1. Authorization and Sale.
1.01. Authorization. This Council hereby determines that it is in the best
interests of the City to issue its $443,000 General Obligation Equipment Certificates of
Indebtedness, Series 2006A (the Obligations) to finance the costs of acquiring items of capital
equipment (the Project). Said items of capital equipment have a useful life not less than the term
of the Obligations. The principal amount of the Obligations does not exceed .25 percent of the
market value of taxable property in the City.
1.02. Sale. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2,
paragraph (2), the requirements as to public sale do not apply to the issuance of the Obligations.
A proposal for the purchase of the Obligations was received at or before the time specified for
receipt of proposals. Northland Securities, Inc. (the Purchaser) has proposed to purchase the
Obligations at a price of $ plus accrued interest on all Obligations to the
day of issuance and delivery, on the further terns and conditions hereinafter set forth.
1.03. Award. The sale of the Obligations is hereby awarded to the Purchaser and
the Mayor and City Manager are hereby authorized and directed to execute a contract on behalf
of the City for the sale of the Obligations in accordance with the terms of the proposal.
Section 2. Obligation Terms, Registration: Execution and Delivery.
2.01. Issuance of Obligations, All acts, conditions and things which are required
by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the Obligations having been done, now
existing, having happened and having been performed, it is now necessary for the City Council
to establish the form and terms of the Obligations, to provide security therefor and to issue the
Obligations forthwith.
2.02. Maturities, Interest Rates; Denominations and Pa ment. The Obligations
shall be originally dated March 8, 2006, shall mature on December 1 in the years and amounts
stated below and shall bear interest from the date of issue until paid or duly called for redemption
at the annual rates set forth opposite such years and amounts, as follows:.
Year
Amount Interest Rate
2008
$119,000 %
2011
128,000
2015
196,000
2
The Obligations shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Obligation at the principal office of the Registrar'described herein, the
principal amount thereof, shall be payable by check or draft issued by the Registrar described
herein. Upon the initial delivery of the Obligations pursuant to Section 2.07, and upon any
subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be
noted on each Obligation so delivered, exchanged or transferred.
2,03. Dates and Interest Payment Dates. Interest on the Obligations shall be
payable on each June I and December 1, commencing December 1, 2006, to the owners of
record thereof as of the close of business on the fifteenth day of the immediately preceding
month, whether or not such day is a business day. Interest shall be computed on the basis of a
360-day year composed of twelve thirty -day months.
2.04. Redemption. Obligations maturing in 2015 shall be subject to redemption
and prepayment at the option of the City, in whole or in part, in such order of maturity dates as
the City may select and, within a maturity, by lot as selected by the Registrar on December 1,
2013, and on any date thereafter, at a price equal to the principal amount thereof and accrued
interest to the date of redemption. The City Manager shall cause notice of the call for
redemption thereof to be published if and as required by law, and at least thirty (30) and not
more than sixty (60) days prior to the designated redemption date, shall cause notice of call for
redemption to be mailed, by first class mail, to the registered holders of any Obligations to be
redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof,
but no defect in or failure to give such mailed notice of redemption shall affect the validity of
proceedings for the redemption of any Obligation not affected by such defect or failure. Official
notice of redemption having been given as aforesaid, the Obligations or portions of Obligations
so to be redeemed shall, on the redemption date, become due and payable at the redemption price
therein specified and from and after such date (unless the City shall default in the payment of the
redemption price) such Obligations or portions of Obligations shall cease to bear interest. Upon
partial redemption of any Obligation, a new Obligation or Obligations will be delivered to the
owner without charge, representing the remaining principal amount outstanding.
Obligations maturing on December 1 in the years 2008, 2011 and 2015 (the Term
Obligations) shall be subject to mandatory redemption prior to maturity pursuant to the sinking
fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount
thereof plus interest accrued thereon to the redemption date, without premium. The Registrar
shall select for redemption, by lot or other manner deemed fair, on December I in each of the
following years the following stated principal amounts of such Obligations:
Term Obligations Maturing December 1, 2008
Year
Principal Amount
2006
$40,000
2007
39,000
The remaining $40,000 stated principal amount of such Obligations shall be paid at maturity on
December 1, 2008.
Term Obligations Maturing December 1, 2011
Year
Principal Amount
2009
$41,000
2010
43,000
The remaining $44,000 stated principal amount of such Obligations shall be paid at maturity on
December 1, 2011.
Term Obligations Maturing December 1, 2015
Year
Principal Amount
2012
$46,000
2013
48,000
2014
50,000
The remaining $52,000 stated principal amount of such Obligations shall be paid at maturity on
December 1, 2015.
Notice of redemption shall be given as provided in the preceding paragraph.
2.05. Appointment of Initial Re ig strar. The City hereby appoints the City
Finance Director as the initial bond registrar, transfer agent and paying agent (the Registrar) for
the Obligations. The City reserves the right to remove the Registrar, effective upon thirty days'
notice and upon the appointment of and acceptance by a successor Registrar, in which event the
predecessor Registrar shall deliver all cash and Obligations in its possession to the successor
Registrar and shall deliver the bond register to the successor Registrar.
2.06. Registration. The effect of registration and the rights and duties of the City
and the Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal office a bond register in
which the Registrar shall provide for the registration of ownership of Obligations and the
registration of transfers and exchanges of Obligations entitled to be registered, transferred
or exchanged.
(b) Transfer of Obligations. Upon surrender for transfer of any Obligation duly
endorsed by the registered owner thereof or accompanied by a written instrument of
transfer, in form satisfactory to the Registrar, duly executed by the registered owner
thereof or by an attorney duly authorized by the registered owner in writing, the Registrar
shall authenticate and deliver, in the name of the designated transferee or transferees, one
or more new Obligations of a like aggregate principal amount and maturity, as requested
by the transferor. The Registrar may, however, close the books for registration of any
transfer after the fifteenth day of the month preceding each interest payment date and
until such interest payment date.
(e) Exchange of Obligations. Whenever any Obligations are surrendered by the
registered owner for exchange the Registrar shall authenticate and deliver one or more
new Obligations of a like aggregate principal amount and maturity, as requested by the
registered owner or the owner's attorney in writing.
(d) Cancellation. All Obligations surrendered upon any transfer or exchange
shall be promptly canceled by the Registrar and thereafter disposed of as directed by the
City.
(e) Ironer or Unauthorized Transfer. When any Obligation is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Obligation or separate instrument of transfer is valid and
genuine and that the requested transfer is legally authorized. The Registrar shall incur no
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Obligation is at any time registered in the bond register as the absolute
owner of the Obligation, whether the Obligation shall be overdue or not, for the purpose
of receiving payment, of or on account of, the principal of and interest on the Obligation
and for all other purposes; and all payments made to any registered owner or upon the
owner's order shall be valid and effectual to satisfy and discharge the liability upon
Obligation to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Obligations
(except for an exchange upon a partial redemption of an Obligation), the Registrar may
impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax,
fee. or other governmental charge required to be paid with respect to such transfer or
exchange.
(h) Mutilated Lost Stolen or Destroyed Obligations. In case any Obligation
shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new
Obligation of like amount, number, maturity date and tenor in exchange and substitution
for and upon cancellation of any such mutilated Obligation or in lieu of and in
substitution for any Obligation destroyed, stolen or lost, upon the payment of the
reasonable expenses and charges of the Registrar in connection therewith; and, in the case
of an Obligation destroyed, stolen or lost, upon filing with the Registrar of evidence
satisfactory to it that the Obligation was destroyed, stolen or lost, and of the ownership
thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form,
substance and amount satisfactory to it, in which both the City and the Registrar shall be
named as obligees. All Obligations so surrendered to the Registrar shall be canceled by it
and evidence of such cancellation shall be given to the City. tithe mutilated, destroyed,
stolen or lost Obligation has already matured or been called for redemption in accordance
with its terms it shall not be necessary to issue a new Obligation prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Obligations, within the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1, as amended.
0) Valid Obligations. All Obligations issued upon any transfer or exchange of
Obligations shall be the valid obligations of the City, evidencing the same debt, and
entitled to theesame benefits under this Resolution as the Obligations surrendered upon
such transfer or exchange.
2.07. Execution, Authentication and Delivery. The Obligations shall be prepared
under the direction of the City Manager and shall be executed on behalf of the City by the
signatures of the Mayor and the City Manager, provided that the signatures may be printed,
engraved or lithographed facsimiles of the originals. In case any officer whose signature or a
facsimile of whose signature shall appear on the Obligations shall cease to be such officer before
the delivery of any Obligation, such signature or facsimile shall nevertheless be valid and
sufficient for all purposes, the same as if such officer had remained in office until delivery.
Notwithstanding such execution, no Obligation shall be valid or obligatory for any purpose or
entitled to any security or benefit under this Resolution unless and until a certificate of
authentication on the Obligation has been duly executed by the manual signature of an
authorized representative of the Registrar. Certificates of authentication on different Obligations
need not be signed by the same representative. The executed certificate of authentication on
each Obligation shall be conclusive evidence that it has been authenticated and delivered under
tlris Resolution. When the Obligations have been prepared, executed and authenticated, the City
Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance
with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to
the application of the purchase price.
2.08. Form of Obligations. The Obligations shall be prepared in substantially the
following form:
UNITED STATES OF AMERICA
STATE OF M[NNESOTA
COUNTY OF WAS14INGTON
CITY OF LAKE ELMO
GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS,
SERIES 2006A
Interest Rate Maturity Date Date of Original Issue
% December 1, 20^ March 8, 2006
REGISTERED OWNER:
PRINCIPAL AMOUNT: THOUSAND DOLLARS
THE CITY OF LAKE ELMO, MINNESOTA (the City), acknowledges itself to be
indebted and for value received hereby promises to pay to the registered owner specified above,
6
or registered assigns, the principal sum specified above on the maturity date specified above,
with interest thereon from the date of original issue specified above or from the most recent
Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided
for, at the annual rate specified above, payable on June I and December 1 in each year,
commencing December 1, 2006 (each such date, an Interest Payment Date), all subject to the
provisions referred to herein with respect to the redemption of the principal of this Obligation
before maturity. The interest so payable on any Interest Payment Date shall be paid to the person
in whose name this Obligation is registered at the close of business on the fifteenth day (whether
or not a business day) of the immediately preceding month. Interest hereon shall be computed
on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and,
upon presentation and surrender hereof, the principal hereof are payable in lawful money of the
United States of America by check or draft or other agreed means of payment by the City
Finance Director as Registrar and Paying Agent (the Registrar), or its designated successor under
the Resolution described herein. For the prompt and full payment of such principal and interest
as the same respectively become due, the frill faith, credit and taxing powers of the City have
been and are hereby irrevocably pledged.
This Obligation is one of an issue in the aggregate principal amount of $443,000 issued
pursuant to a resolution adopted by the City Council on February 7, 2006 (the Resolution), to
finance the costs of acquisition of capital equipment, and is issued pursuant to and in full
conformity with the Constitution and laws of the State of Minnesota thereunto enabling,
including Minnesota Statutes, Section 412.301 and Chapter 475. The Obligations are issuable
only in fully registered form of single maturities.
Obligations maturing in 2015 are subject to redemption and prepayment at the option of
the City, in whole or in part, in such order of maturity dates as the City may select and, within a
maturity, by lot as selected by the Registrar on December 1, 2013, and on any date thereafter, at
a price equal to the principal amount thereof plus interest accrued to the date of redemption. The
City will cause notice of the call for redemption to be published if and as required by law and, at
least thirty (30) days prior to the designated redemption date, will cause notice of the call thereof
to be mailed by first class mail to the registered owner of any Obligation to be redeemed at the
owner's address as it appears on the bond register maintained by the Registrar, but no defect in or
failure to give such mailed notice of redemption shall affect the validity of proceedings for the
redemption of any Obligation not affected by such defect or failure. Official notice of
redemption having been given as aforesaid, the Obligations or portions of Obligations so to be
redeemed shall, on the redemption date, become due and payable at the redemption price therein
specified, and from and after such date (unless the City shall default in the payment of the
redemption price) such Obligations or portions of Obligations shall cease to bear interest. Upon
partial redemption of any Obligation, a new Obligation or Obligations will be delivered to the
registered owner without charge, representing the remaining principal amount outstanding.
Bonds maturing in the year 2008, 2011 and 2015 shall be subject to mandatory
redemption, at a redemption price equal to their principal amount plus interest accrued thereon to
the redemption date, without premium, on December I in each of the years shown below, in an
amount equal to the following principal amounts:
Term Bonds Maturing in 2008
Sinking Fund Aggregate
Payment Date Principal
Amount
12/1/06
$40,000
12/1/07
39,000
12/1/08 (maturity)
40,000
Term Bonds Maturing in 2015
Sinking Fund Aggregate
Payment Date Principal
Amount
12/1/12
$46,000
12/1/13
48,000
12/1/14
50,000
12/1/15 (maturity)
52,000
Term Bonds Maturing in 2011
Sinking Fund Aggregate
Payment Date Principal
Amount
12/l/09
$41,000
12/1/10
43,000
12/1/11 (maturity)
44,000
Notice of redemption shall be given as provided in the preceding paragraph.
As provided in the Resolution and subject to certain limitations set forth therein, this
Obligation is transferable upon -the books of the City at the principal office of the Registrar, by- - -
the registered owner hereof in person or by the owner's attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or the owner's attorney, and may also be surrendered in
exchange for Obligations of other authorized denominations. Upon such transfer or exchange
the City will cause a new Obligation or Obligations to be issued in the name of the transferee or
registered owner, of the same aggregate principal amount, bearing interest at the same rate and
maturing on the same date, subject: to reimbursement for any tax, fee or governments] charge
required to be paid with respect to such transfer or exchange.
The Obligations have been designated as "qualified tax-exempt obligations" pursuant to
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
The City and the Registrar may deem and treat the person in whose name this Obligation
is registered as the absolute owner hereof, whether this Obligation is overdue or not, for the
purpose of receiving payment and for all other purposes, and neither the City nor the Registrar
shall be affected by any notice to the contrary.
IT IS IIERE13Y CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed preliminary to and in the issuance of this Obligation in
order to make it a valid and binding general obligation of the City in accordance with its terms,
have been done, do exist, have happened and have been performed as so required; that, prior to
the issuance hereof, the City Council has levied ad valorem taxes on all taxable property in the
City, which taxes are estimated to be receivable in the years and in amounts sufficient to produce
sums not less than five percent in excess of the principal of and interest on the Obligations when
due, and has appropriated such taxes to its General Obligation Equipment Certificates of
Indebtedness, Series 2006A Sinking Fund for the payment of such principal and interest; that if
necessary for payment of such principal and interest when due, additional ad valorem taxes are
required to be levied upon all taxable property in the City, without limitation as to rate or amount
and that the issuance of this Obligation, together with all other indebtedness of the City
outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause
the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness.
This Obligation shall not be valid or become obligatory for any purpose or be entitled to
any security or benefit under the Resolution until the Certificate of Authentication hereon shall
have been executed by the Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Lake Elmo, Minnesota, by its City Council, has
caused this Obligation to be executed on its behalf by the facsimile signatures of the Mayor and
City Manager and has caused this Obligation to be dated as of the date set forth below.
Date of Authentication:
CITY OF LAKE EL.MO, MINNESOTA
(facsimile signature - City Manager) (facsimile signature - Mayor)
CERTIFICATE OF AUTHENTICATION
This is one of the Obligations delivered pursuant to the Resolution mentioned within.
CITY FINANCE DIRECTOR, as Registrar
By
Authorized Representative
The following abbreviations, when used in the inscription on the face of this Obligation,
shall be construed as though they were written out in full according to the applicable laws or
regulations:
TEN COM - as tenants in common UTMA ................... as Custodian for .....................
(Cust) (Minor)
TEN ENT - as tenants by the entireties under Uniform Transfers to Minors Act ..............
(State)
JT TEN -- as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Obligation and all rights thereunder, and does hereby irrevocably constitute and
appoint attorney to transfer the said Obligation on the books kept for registration
of the within Obligation, with fall power of substitution in the premises.
Dated:
NOTICE: The assignor's signature to this assignment
must correspond with the name as it appears upon the face
of the within Obligation in every particular, without
alteration or enlargement or any change whatsoever.
Signature Guaranteed:
Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements
of the Registrar, which requirements include membership or participation in STAMP or such
other "signature guaranty program" as may be determined by the Registrar in addition to or in
substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as
amended.
PLEASE INSERT SOCIAL, SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
[end of bond form]
Section 3. General Obligation Equipment Certificates of Indebtedness, Series
2006A Sinking Fund. So long as any of the Obligations are outstanding and any principal of or
interest thereon unpaid, the City Finance Director shall maintain a separate debt service fund on
the official books and records of the City to be known as the General Obligation Equipment
Certificates of Indebtedness, Series 2006A Sinking Fund (the Sinking Fund), and the principal of
and interest on the Obligations shall be payable from the Sinking Fund. The City irrevocably
appropriates to the Sinking Fund (a) any amount in excess of $ received from the
Purchaser (including amounts representing capitalized interest); (b) all taxes levied and collected
in accordance with this Resolution; and (c) all other moneys as shall be appropriated by -the City
Council to the Sinking Find from time to time. If the balance in the Sinking Fund is at any time
insufficient to pay all interest and principal then due on all Obligations payable therefrom, the
payment shall be made from any fund of the City which is available for that purpose, subject to
reimbursement from the Sinking Fund when the balance therein is sufficient, and the City
Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes
to take care of any accumulated or anticipated deficiency, which levy is not subject to any
constitutional or statutory limitation.
10
Section 4. Pledge of Taxing Powers. For the prompt and full payment of the
principal of and interest on the Obligations as such payments respectively become due, the full
faith, credit and unlimited taxing powers of the City shall. be and are hereby irrevocably pledged.
In order to produce aggregate amounts not less than 5% in excess of the amount needed to meet
when due the principal and interest payments on the Obligations, ad valorem taxes are hereby
levied on all taxable property in the City. The taxes are to be levied and collected in the
following years and amounts:
Levy Years Collection Years Amount
See attached Levy Computation
The taxes shall be irrepealable as long as any of the Obligations are outstanding and unpaid,
provided that the City reserves the right and power to reduce the tax levies in accordance with
the provisions of Minnesota Statutes, Section 475.61.
Section 5. Defeasance. When all of the Obligations have been discharged as
provided in this section, all pledges, covenants and other rights granted by this Resolution to the
registered owners of the Obligations shall cease. The City may discharge its obligations with
respect to any Obligations which are due on any date by depositing with the Registrar on or
before that date a sum sufficient for the payment thereof in full; or, if any Obligation should not
be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum
sufficient for the payment thereof in full with interest accrued from the due date to the date of
such deposit. The City may also at any time discharge its obligations with respect to any
Obligations, subject to the provisions of law now or hereafter authorizing and regulating such
action, by depositing irrevocably in escrow, with a bank qualified by law to act as an escrow
agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing
interest payable at such time and at such rates and maturing or callable at the holder's option on
such dates as shall be required to pay all principal and interest to become due thereon to maturity
or, if notice of redemption as herein required has been irrevocably provided for, to an earlier
designated redemption date.
Section 6. Certification of Proceedings.
6.01. Registration of Obligations and Levy of Taxes. The City Manager is
hereby authorized and directed to file a certified copy of this resolution with the County Auditor
of Washington County and obtain a certificate that the Obligations have been duly entered upon
the Auditor's bond register and the tax required by law has been levied.
6.02. Authentication of Transcript. The officers of the City and the County
Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey
& Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the
Obligations and such other affidavits, certificates and information as may be required to show
the facts relating to the legality and marketability of the Obligations, as the same appear from the
books and records in their custody and control or as otherwise known to them, and all such
certified copies, affidavits and certificates, including any heretofore famished, shall be deemed
representations of the City as to the correctness of all statements contained therein.
11
Section 7. Tax Covenants; Arbitrage Matters; Reimbursement and Continuing
Disclosure.
7.01. General Tax Covenant. The City covenants and agrees with the registered
owners from time to time of the Obligations that it will not take, or permit to be taken by any of
its officers, employees or agents, any actions that would cause interest on the Obligations to
become includable in gross income of the recipient under the Internal Revenue Code of 1986, as
amended (the Code) said applicable Treasury Regulations (the Regulations), and covenants to
take any and all actions within its powers to ensure that the interest on the Obligations will not
become includable in gross income of the recipient under the Code and the Regulations. In
particular, the City covenants and agrees that all proceeds of the Obligations will be expended
solely for the payment of the costs of acquisition and installation of capital equipment to be
owned and maintained by the City and used in the City's general governmental operations. The
City shall not enter into any lease, use or other agreement with any non -governmental person
relating to the use of the equipment or security for the payment of the Obligations which might
cause the Obligations to be considered "private activity bonds" or "private loan bonds" pursuant
to Section 141 of the Code.
7.02. Certification. The Mayor and City Manager being the officers of the City
charged with the responsibility for issuing the Obligations pursuant to this Resolution, are
authorized and directed to execute and deliver to the Purchaser a certificate in accordance with
the provisions of Section 148 of the Code and applicable Regulations, stating the facts, estimates
and circumstances in existence on the date of issue and delivery of the Obligations which make it
reasonable to expect that the proceeds of the Obligations will not be used in a manner that would
cause the Obligations to be "arbitrage bonds" within the meaning of the Code and Regulations.
7.03. Arbitrage Rebate. It is hereby found that the City has general taxing
powers, that no Bond is a "private activity bond" within the meaning of Section 141 of the Code,
that 95% or more of the net proceeds of the Bonds are to be used for local governmental
activities of the City, and that the aggregate face amount of all tax-exempt obligations (other than
private activity bonds) issued by the City and all subordinate entities thereof during the year
2006 is not reasonably expected to exceed $5,000,000. Therefore, pursuant to the provisions of
Section 148(f)(4)(D) of the Code, the City shall not be required to comply with the arbitrage
rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code.
7.04. Reimbursement. The City certifies that the proceeds of the Obligations will
not be used by the City to reimburse itself for any expenditure with respect to the equipment
which the City paid or will have paid more than 60 days prior to the issuance of the Obligations
unless, with respect to such prior expenditures, the City shall have made a declaration of official
intent which complies with the provisions of Section 1.150-2 of the Regulations; provided that
this certification shall not apply (i) with respect to certain de minimis expenditures, if any, with
respect to the equipment meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or
(ii) with respect to "preliminary expenditures" for the equipment as defined in Section 1.150-
2(f)(2) of the Regulations which in the aggregate do not exceed 20%" of the "issue price" of the
Obligations.
12
7.05. Qualified Tax -Exempt Obligations. The City Council hereby designates the
Obligations as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code
relating to the disallowance of interest expense for financial institutions, and hereby finds that
the reasonably anticipated amount of tax-exempt obligations which are not private activity bonds
(not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds
for the purpose of this representation) and are not excluded from this calculation by Section
265(b)(3)(C)(ii) of the Code which have been and will be issued by the City and all subordinate
entities during calendar year 2006 does not exceed $10,000,000.
7.06. Continuing Disclosure. Rule 15c2-12 wider the Securities Exchange Act of
1934 (17 C.F.R. § 240.15c2-12) (the Rule) that make it unlawful for an underwriter to participate
in the primary offering of municipal securities in a principal amount of $1,000,000 or more
unless, before submitting a bid or entering into a purchase contract for the Obligations, it has
reasonably determined that the issuer or an obligated person has undertaken in writing for the
benefit of the bondholders to provide certain disclosure information to prescribed information
repositories on a continuing basis or unless and to the extent the offering is exempt from the
requirements of the Rule. The principal amount of the Obligations is less than $1,000,000. The
City hereby represents that it has not issued within the six months before the date of issuance of
the Obligations, and that it reasonably expects that it will not issue within six months after the
date of issuance of the Obligations, other securities of the City of substantially the same security
and providing financing for the same general purpose or purposes as the Obligations.
Consequently, this City Council hereby finds that the Rule is inapplicable to the Obligations,
because the aggregate principal amount of the Obligations and any other securities required to be
integrated with the Obligations thereunder is less than $1,000,000. Therefore, the City is not
required to enter into any undertaking to provide continuing disclosure with respect to the
Obligations.
7.07. This resolution shall be in full force and effect from and after its passage.
PASSED AND APPROVED this 7th day of February, 2006.
THE CITY OF LAKE ELMO, MMNESOTA
ATTEST:
Dean Johnston, Mayor
Martin J. Rafferty, City Administrator
13
PROJECTED LEVIES
Date Levy
Total I
14
Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9A
City Council
February 7,
2006
: Shoreland Overlay Variance — 4473 Olson Lake Trail
Background Information for February 7, 2006•
At its meeting January 23, 2006 the Planning Commission unanimously adopted a recommendation for
approval of this application for the renovation and enlargement of this existing house on 8/10 acre fronting
Olson Lake. Commissioner Ptacek abstained due to his absence at the prior Commission meeting at which
the application was heard and first discussed. As now configured, the application is for a variance from the
OHW setback to enable extending the building line of the house resulting in an increase in the area of the
house that would encroach on the OHW, but not the horizontal extent of encroachment from the present (9.5
feet into the 100 foot OHW setback).
The application was the subject of a Public Hearing and the tabled at the request of the applicant on January
9 when it became apparent that the then -proposed deck encroachments beyond the present building line
would not be recommended for approval by the Commission. The applicant requested tabling and waiver of
the City's 60 day review period in writing, and the plan came back to the Commission on January 23
without the decks and with 250 square feet less living area. The Commission consensus on January 9 was
that the addition of a second story to the house (some of which would be within the OHW setback) was not
a concern.
The attached Resolution is for approval of the variance as now requested and as recommended for approval
by the Conunission, including the Commission's Findings.
Action items: 0 f 1
Motion to adopt Resolution #2006- approving a variance to
Shoreland OHW setback at 4773 OIson Lake Trail per plans staff
dated February 3, 2006, and per the recommendation and findings
of the Planning Commission.
Attachments: O k i
1. Draft Resolution #2006 — Approving Variance
2. Draft Planning Commission Minutes of January 23
3. Planning Staff memo of January 19
4. Planning Commission Minutes of January 9
5. Planning Staff report of January 5
6. Applicant's January 19 Graphics and Earlier
Documentation
Person r onsible:
Coty1ner
Time Allocated:
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-017
A RESOLUTION APPROVING A SHORELAND OVERLAY DISTRICT VARIANCE
FOR PATRICK FLANNAGAN, 4773 OLSON LAKE TRAIL
WHEREAS, at its January 23, 2006 meeting, the Planning Commission
recommended approval of the variance application to Shoreland OHW setback at 4473
Olson Lake Trail from Patrick Flanagan, per plans staff dated January 19, 2006, to
remodel and add an addition to the house based on the following findings:
1. The lot was platted before current zoning and the Shoreland overlay
district were established.
2. The proposal is deemed to be reasonable.
3. It will not alter the character of the neighborhood in any negative
fashion.
WHEREAS, at the February 7, 2006 meeting, the Lake Elmo City Council
reviewed the application of Patrick Flannagan for a shoreland overlay district variance to
the OHW setback at 4773 Olson Lake Trail.
NOW, THEREFORE, BE IT RESOLVED, the Lake Elmo City Council approves
the Shoreland Overlay District Variance for a remodel and addition to the home for
Patrick Flannagan, 4473 Olson Lake Trail, based on the plans staff dated February 3,
2006 and the findings and recommendation of the Planning Commission.
ADOPTED, by the Lake Elmo City Council on the 71h day of February, 2006.
Dean Johnston, Mayor
ATTEST:
Martin Rafferty, City Administrator
DIRAFT
City of Lake Elmo
Planning Commission Meeting
Minutes of January 23, 2006
Chairman Helwig called to order the meeting of the Lake Elmo Planning Commission at 7:00
p.m. COMMISSIONERS PRESENT: Lyzenga, Deziel, Armstrong, Van Zandt, Ptacek, Roth,
Pelletier, and Schneider. STAFF PRESENT: Administrator Rafferty, Planner Dillerud, and
Recording Secretary Schaffel.
Agenda
M/S/P, VOTE: 9:0.
Eliminate 8-Home Occupations, replace with 8-Met Council Communication. 7B-Proposed Joint
Community Playfield with Oakdale.
Welcome New Commissioner
The Planner related the City Council actions relative to the Planning Commission's composition.
Laurie McGinnis was appointed 2"a Alternate Member and granted a Leave of Absence until she
gets her Master Degree in June. Bob Van Zandt is now 1 sr Alternate Member and Julie Fliflet is
now a Full Voting Member.
Election of Officers
Commissioners Ptacek and Armstrong nominated'Commissioner Helwig for Chairman.
Commissioner Roth nominated Commissioner Armstrong for Chairman, and Commissioner
Armstrong did not accept the nomination.
M/S/P, Ptacek/Armstrong to nominate Bob Helwig as Chairman. VOTE: 8:0:1 Abstain:
Helwig—Modesty.
M/S/P, Helwig/Armstrong to nominate Commissioner Ptacek as Vice Chairman. VOTE: 8:0:1
Abstain: Ptacelc—Modesty.
M/S/P, Roth/Ptacek to nominate Commissioner Pelletier as Secretary. VOTE: 8:0:1 Abstain:
Pelletier —Modesty.
Commissioner Ptacek thanked Commissioner Sedro for her work and time served on the
Planning Commission.
Minutes of January 9, 2006
M/S/P, Deziel/Lyzenga to accept the Minutes of January 9, 2006 as presented. VOTE: 6:0:3
Abstain: Armstrong, Ptacek, and Schneider —Absence.
Variance: 4473 Olson Lake Trail (Continued)
M/S/P, Deziel/Sclmeider to take from the table The Flanagan Variance. VOTE: 9:0.
Planner Dillerud explained that the applicant after tabling his application and waiving the 60 day
review period, has revised his plans for the home remodel and expansion in order to reduce the
horizontal encroachment into the Ordinary High Water Mark. The site is located on Lake
Lake Elmo Planning commission Meeting Minutes of January 23, 2006
DRAFT
DeMontreville. The applicant proposes to remove the two decks and convert the sunroom into a
covered deck. He has also removed the encroachment into the sideyard setback area.
Chairman Helwig said the two decks were the primary problem last time and asked if the
applicant still requires a variance. The Planner said most of the home today is within the
shoreland setback, and any work performed to the structure would require a variance and that the
addition that squares off the building creates further encroachment.
Commissioner Schneider asked if the concrete patio is there today. The applicant said yes.
Patrick Flanagan, Applicant
Mr. Flanagan said they tools off the decks and the sunroom will be converted to an open air
covered deck. He said the area where the sunroom meets the house still has to be protected from
the elements to prevent further deterioration.
Commissioner Roth asked about 6X8 opening by the area where the patio was previously
planned. The applicant said there will be no deck there, just doors to the outside.
Commissioner Pelletier said she is concerned about the size of the home of the neighbors. The
Planner said the conversion to the open air porch eliminates about 350 square feet of living area.
M/S/P, Deziel/Van Zandt to recommend approval of the variance application for a remodel and
addition to a house at 4473 Olson Lake Trail based on the findings that the lot was platted before
current zoning and the shoreland overlay district were established, the proposal is deemed to be
reasonable, and it will not alter the character of the neighborhood in any negative fashion,
pursuant to the condition that plans are modified to reflect the open air porch. VOTE: 8:0:1
Abstain: Ptacek—Absent from last meeting.
Zoning Code Text Amendment: Vineyard Wedding Business as AG Use
The Planner explained there is an existing vineyard just north of Carriage Station on 55t" Street.
The Zoning District is AG. Uses conditional and permitted on AG lands today generally relate
to the existing use. The Commission was asked if this proposed use would be in the best interest
of the City, and if so, should staff publish a public hearing notice for a Zoning Text Amendment.
Commissioner Ptacek asked about consumption of alcohol and liquor licensing questions. Not
knowing the answer, he would suggest it as a Conditional Use.
Commissioner Schneider asked about parking when there might be 300 or more guests on ten
acres.
Commissioner Deziel asked if this would be more like a garage sale or a permanent store.
Perhaps if the plan is for this use on an occasional basis then liquor licensing could be handled
on an occasional basis as well. He asked about advertising and whether the applicants would be
trying to attract more business.
Commissioner Armstrong mentioned a snowniobiling event request by Green Acres but the noise
factor put the kibosh on it. Issues of concern for him are the noise factor (such as a band),
parking, permanent or tent structures only, whether we would allow a permanent building,
sufficient toilet facilities would be necessary. He said perhaps these events could be limited to
summertime. Liquor licensing and frequency of events are other concerns. He said it would
Lake Elmo Planning commission Meeting Minutes of January 23, 2006
Variance: 4473 Olson Lake Trail (Continued)
M/S/P, Deziel/Schneider to take from the table The Flanagan Variance. VOTE: 9:0.
Planner Dillerud explained that the applicant after tabling his application and waiving the 60 day
review period, has revised his plans for the home remodel and expansion in order to reduce the
horizontal encroachment into the Ordinary High Water Mark. The site is located on Lake
DeMontreville. The applicant proposes to remove the two decks and convert the sunroom into a
covered deck. He has also removed the encroachment into the sideyard setback area.
Chairman Helwig said the two decks were the primary problem last time and asked if the
applicant still requires a variance. The Planner said most of the home today is within the
shoreland setback, and any work performed to the structure would require a variance and that the
addition that squares off the building creates further encroachment.
Commissioner Schneider asked if the concrete patio is.there today. The applicant said yes.
Patrick Flanagan, Applicant
Mr. Flanagan said they took off the decks and the sunroom will be converted to an open air
covered deck. He said the area where the sunroom meets the house still has to be protected from
the elements to prevent further deterioration.
Commissioner Roth asked about 6X8 opening by the area where the patio was previously
planned. The applicant said there will be no deck there, just doors to the outside.
Commissioner Pelletier said she is concerned about the size of the home of the neighbors. The
Planner said the conversion to the open air porch eliminates about 350 square feet of living area.
M/S/P, Deziel/Van Zandt to recommend approval of the variance application for a remodel and
addition to a house at 4473 Olson Lake Trail based on the findings that the lot was platted before
current zoning and the shoreland overlay district were established, the proposal is deemed to be
reasonable, and it will not alter the character of the neighborhood in any negative fashion,
pursuant to the condition that plans are modified to reflect the open air porch. VOTE: 8:0:1
Abstain: Ptacek—Absent from last meeting.
A
MEMO
(January 19, 2006 for the Meeting of January 23, 2006)
To: Lake Elmo Nnning Commission
From: C uc f lerud
Subject: Shoreland Zoning Variance — 4473 Olson Lake Trail (Flanagan)
Mr.. Flanagan has submitted a revised plan for the proposed home just prior to publication
of the January 23 agenda. In the interest of expediency we are transmitting the new plan
for inclusion on the January 23 agenda.
Staff has not had an opportunity to review the new plan in detail, but it appears that the
previously -proposed two new decks have been removed from the plan, and the minor side
yard setback issue on the garage has been mitigated. Staff is told that the "sun room" on
the lake side of the garage is now proposed to be some other type of improvement, but
has not been changed on the plan. Staff has no submitted plan of what that modification
will be. Mer. Flanagan has advised that he will be available January 23 to review that
proposal with the Commission.
Mr. Flanagan submitted a note to the City on January 9 requesting tabling of his variance
application (which the Commmission did), and also extending the City's 60 day review
period for this application.
We have attached the complete January 9 Planning Staff Report and attachments. Be
careful not to mix up the December 5 and January 9 plan sets. Should the Commission
decide to recommend approval of this revised plan, the Findings of the prior Planning
Staff Report will need to be modified accordingly.
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LAKE ELMO PLANNING COMMISSION
STAFF REPORT
Date: January 5, 2006 for the Meeting of January 9, 2006
Applicant: Patrick & Anne Flanagan
Location: 4473 Olson Lake Trail
Requested Action: Zoning Variances
Land Use Plan Guiding: SRD
Existing Zoning: R-1 with Shoreland Overlay
Site History and Existing Conditions:
Records of the Washington County Assessor reveal that this one-story (walk -out) home and two
car detached garage (with two additional lower level garage spaces) were constructed in 1962. The
home is listed by the Assessor to have 1,440 square feet of living area and a 221 square foot three
season porch. The lot area appears to be approximately 35,000 square feet (8/10t" acre) net of road
right-of-way, A portion of the existing house (but not the existing garage) is located within the 100
foot OHW setback to Olson Lake. The existing minimum OHW setback appears to be 90 feet. The
existing septic system is sized for a four bedroom home.
The only significant City permitting activity for this site of record is a 1989 approval of a
Shoreland OHW setback variance to allow the reconstruction of the septic system 65 feet from the
OHW where 75 feet is the required setback. The existing (1989) septic system is sized for a four
bedroom home, but the applicant proposes to construct a new septic system on the road side of the
house — sized for four bedrooms, not for 5 bedrooms as the applicant's plans depict - but well
outside the 75 foot OHW setback for septic systems.
Discussion and Analysis:
The applicant has proposed a substantial renovation and addition to the existing house/garage that
will both further encroach on the OHW setback (both horizontally and vertically); and (as applied
for) encroach to a minor degree on the north side yard setback. The applicant has advised staff that
a slight adjustment can be made to the proposed plan that would eliminate the side yard setback
variance (3/10 foot). Just how that can be accomplished utilizing the existing north wall .of the
garage is not apparent. This Report is drafted on the assumption that the suggested adjustment will
be made, and no side yard setback is therefore proposed.
The house would continue to have a 2 car upper garage (25.5 X 24), but the lower garage could be
considered an additional 3 cars (766 square feet) even though accessed by a single garage door
facing the lake. The vertical dimension of the house would also increase by at least 8 feet likely
more due to the roof pitch proposed compeered to the existing roof pitch. Adjacent homes north
and south of the subject are all single story (3 of 4 with walk -out to the lake) and range from 1,900
to 4,225 square in total area. (2678 and 1900 to the south; 2690 and 4225 to the north), and the
finished area of the proposed house would appear to exceed 4500 square feet.
The OHW setback encroachment of the structure would increase as follows:
1. A proposed.new 10 X 16 deck at the southeast corner of the house that would encroach the
OHW above -grade a distance of 10 feet more than any point of the existing house.
2. An addition to the north end of the house filling the space between the existing house &
garage, and extending toward the OHW 11.5 feet off the rear of the existing garage —
approximately 350 square feet additional encroachment into the OHW.
Findings and Recommendations:
The City has addressed several proposals for zoning variances of a similar type (OHW setback)
and under similar circumstances (house renovation and enlargement) in recent years. Review and
resultant Findings regarding those applications have generally centered on the following factors:
1. Degree of additional OHW encroachment proposed by the applicant. Will the proposed
improvements encroach on the OHW more than any existing/historic encroachment?
2. Physical characteristics of the site (lot) that would preclude the degree of structure
enlargement proposed without the additional OHW encroachment proposed — can they do
what they propose for enlargement without additional OHW encroachment?
3. Relationship of the proposed OHW encroachment to that of structures on either side of the
subject. Will the proposed encroachment be closer to the OHW than a line drawn between
the lake side of the structures on either side?
4. Scale/mass of the resulting structure in relationship to those existing structures adjacent on
the lake. Is the proposed resulting house in character with the neighborhood in scale/mass?
Those factors go to the "reasonable use of the property", "unique circumstances of the property"
and "maintenance of the essential character of the neighborhood" — all of which must be
demonstrated to qualify the applicant's proposal as a hardship sufficient to support a zoning
variance.
While staff does not intend to :suggest how the applicants' plans could be. modified to better
respond to those required findings, we do note as follows:
1. The resulting house will be two story and substantially higher than immediately adjoining
single story houses — most significant as viewed from the lake,
2. The resulting house will be nearly triple the living area of the existing house and be larger
in living area than most homes in the immediate lakeside neighborhood — 2 properties
south and north.
3. The existing house already extends toward the OHW closer than a line extended from the
lakeward encroachment of the houses north and south.
4. Were it not for the proposed expansion of house livable area east of the existing garage, a
lake -front deck could be accommodated with little or no additional OHW encroachment.
The deck could also be located at the southeast end of the house — over the "concrete
patio".
The foregoing observations lead to a suggestion by staff that the following Findings can be made
regarding the variance application for OHW setback:
1. The property can be put to reasonable use without the granting of the variance requested;
and the scale/mass of the structure enlargements proposed exceeds that which is considered
reasonable for the lake -front location.
2. The extent of the requested variance does not result from circumstances unique to property
even though the existing principal structures were constructed prior to adoption of
Shoreland Regulations. While a variance of some degree may be required for enlargement
and renovation of the existing structures and could be supported on this basis - the
specific circumstances of the requested variance were primarily created by the applicant to
accommodate a significant increase in the scale/mass of the structures.
3. Granting of the requested variance will change the essential character of the neighborhood
by the resulting structure appearing out of scale with those existing in the immediate
neighborhood, and significantly changing the appearance of the site/neighborhood as
viewed from Olson Lake by the introduction of a 2 story structure where single story
structures now predominate.
While some degree of OHW setback variance may be required to accomplish some degree of
enlargement and necessary renovation of the existing structure, staff suggests (as we have
repeatedly in prior similar cases) that there should be a limit on the scale of such lake -side
structure enlargements related to the visual impact as viewed from the lake. This variance request
is not only an issue of additional horizontal encroachment to the OHW, but significant vertical
encroachment as well.
Planning Commission Actions Requested:
Motion recommending to the City Council the disposition of this variance application. Should the
Commission concur with the staff's observations and suggested Findings, the Motion should be to
recommend denial and include those Findings as stated above or as modified by the Commission.
Should the Commission not concur with the Staff in this matter, the Findings must be modified
accordingly by the maker of the Motion to recommend approval.
As always, the option remains for the applicant to request the Commission table the application
and request waiver of the City's 60 day review period. That request by the applicant must be in
writi d ad ess both the bling and the waiver of the 60 day review period.
r , /`� -.
CharlesE.- Dillerud, City Planner
Attachments:
1. Location Map
2. Valley Branch Review Letter
3. DNR Review Comments (As Available)
4. Applicant's Documentation
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From: Travis Germundson[travis.germundson@dnr.state.mn.us]
Sent: Friday, December 23, 2005 9:24 AM
To: Kimberly Schaffel
Subject: Re: Flanagan
As we discussed:
I have no problem with maintaining the original footprint and allowing for an additional
457 square foot addition behind the existing garage. As long as the addition is in line
with the existing one story house (not jutting out beyond). it would seem reasonable even
though it does appear to encroach a few feet beyond the existing OHWL setback due to the
topography of the lot. However, the placement of a 10x16 foot deck off the back of the
structure would extend out beyond the existing footprint and could easily be relocated
along the side of the structure over the concrete patio where it would not increase the
nonconformity.
Travis Germundson
Area Hydrologist
DNR Waters
1200 Warner Rd.
St. Paul, MN 55106
651-772-7914
December 21, 2005
Mr. Chuck Dillerud
City of Lake Elmo
3800 Laverne Avenue North
Lake EImo, MN 55042
Re: Flanagan Variance Request, 4473 Olson Lake Trail, Lake Elmo
Dear Mr. Dillerud:
Thank you for submitting the request for a variance from the Ordinary High Water level setback from
Lake Olson at 4473 Olson Lake Trail. The project appears to involve significant remodeling of an
existing home.
Based on the information that was submitted, it appears that a Valley Branch Watershed District permit is
not required for the work. It appears that less than 6,000 square feet of new impervious surfaces will be
created and no work will occur below the I00-year flood level of Lake Olson (Elevation 931.5).
If the basement is lower than Elevation 933.5, it should be raised during the remodeling to protect the
home from potential flooding. Erosion controls should be installed prior to any earthwork to prevent
negative water quality impacts. As indicated in the submittal, the gutters and downspouts should be
installed so that the runoff is not conveyed directly to the lake. Runoff should be conveyed to vegetated
areas where it can seep into the ground.
If you have any questions, please contact me at 952-832-2622.
Sincerely,
—..__ L
JoHn P. Hanson, P.E.
BARR ENGINEERING COMPANY
Engineers for the District
c: David Bucheck, VBWD President (via e-mail)
Patrick and Anne Flanagan, property owners
DAVID BUCHECK LINCOLN FETCHER DONALD SCHEEL DALE BORASH DUANE JOHNSON
VALLEY BRANCH WATERSHED DISTRICT w xbwd.org
P.O. BOX 838 LAKE ELMO, MINNESOTA 55042.0538
Detailed Reason for Variance Request:
The house was built in early 1960, using a product composed of panels of reinforced
concrete. The product was manufactured in Oakdale, MN. and the manufacturer has
since gone out of business. Replacement in kind is not an alternative. The exposed
portions of the house, garage, walk area between garage and house, and main level of the
house have deteriorated significantly. The deterioration, due to exposure, has caused
regular water leakage, rusting of the rebar infrastructure, and created mold development
in many areas of the house. The owners have made multiple good faith efforts to
implement remedies, including re -roofing, reconstruction of the chimney and sealing the
roof and chimney with a rubberized roofing product. Consultation with several
contractors indicates that the exposed first level must be rebuilt to acceptable standards in
order to eliminate the ongoing water damage and the resulting health problems that have
occurred from the moisture.
The reconstruction and remodel will include relocation of the existing septic drain field
from the lake side of the property to the road side of the property which will further
ensure no environmental impact due to the septic drain field. Proper gutters and
downspouts will be installed to further mitigate runoff toward the lake.
Variance Request: Shoreland setback — Flanagan — 4473 Olson Lake Trail N.
The application is for a variance from the shoreland of Lake Olson for the remodel of an
existing residential structure and reconstruction of the garage.
This variance request results from circumstances unique to properties where principal
structures were constructed prior to the adoption of Shoreland Regulations.
There is existing and potential hardship as follows:
1. The deterioration, due to exposure, has caused regular water leakage, rusting
of the rebar infrastructure, crumbling of the concrete panels and created mold
development in many areas of the house.
2. Mold build-up has adversely affected the health of one of the property owners
and has damaged household goods.
3. The exposed areas of concrete allow water and moisture seepage, which
requires the regular presence of buckets and the mopping up of water from
various affected areas of the house.
4. The 45 year old existing foundation is solid and it's parameters would not be
changed under new construction. The construction is designed to build up
from the foundation leveling the front visage of the house, and changing the
lakeside setback from the existing 92.7 feet to approximately 82 feet for a
distance of 20 feet.
IeGibbo a Eand �mrrveyang
2,214 TovVer CC.
Woodbury, NW 55125
(611) 442-9823
TOR:
Patrick Flanagan
1473 Olson Lake Trail N.
Lake Clmo. MN 55042 _
;URVEY OF:
-hat pester the Northowi Quarter of the Southeast Cluarter of Sections and
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subsea to a 50.00 toot wide road easement along the southwesterly ®
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ORIENTATION OF THIS BEARING SYSTEM
IS THE WASHINGTON COUNTY COORDINATE
laws of the State of Minnesota.
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Minnesota License No. 18883
Lake Elmo
Agenda Section: CITY ADMINISTRATOR'S REPORT:
No. I IA.
City Council
February 7,
2006
Agenda Item: Proposed Joint Park with Oakdale for Youth Pla fields.
Approximately six months ago the City of Oakdale approached the City of Lake Elmo, by letter,
suggesting the possibility of a Joint Park along Ideal Ave and south of Hwy 5 and the railroad tracks. At
that time, the City of Oakdale indicated that 3M was proposing a donation of 26 acres that were located in
lake Elmo, to Oakdale for parkland use. The City of Oakdale indicated to the City of Lake Elmo, at that
time, that should the donation mature they would like to have further discussions.
Approximately six weeks ago, an arrangement was announced in the local papers prematurely that 3M
had donated property to Oakdale for park purposes. The City of Oakdale Administrator and I had a
discussion pertaining to that announcement and the Lake EImo's planning authority over that piece of
property. I was assured the intent was to follow through on the earlier letter and incorporate Lake Elmo
into planning partnership discussions as earlier communicated.
The discussions commenced between the staff s as reported at subsequent Council meetings.
Ideas/suggestions from the City Council were incorporated by the LE City Administrator into meetings
and discussions with the Oakdale Administration. Attached find a "Letter of understandins: A
Framework for Joint Park Development — between Lake Elmo/Oakdale". This document with terms
defined was shared with the LE Parks Commission and the Planning Commission. Both of Lake Elmo
Commissions have recommended that the agreement should be approved and follow through with the
next step. The agreement does not bind either city to building a joint powers park, but merely defines the
terms and parameters to determine if a joint park could be a real possibility.
By authorizing the attached agreement and appointing the LE Team the city representatives will only have
authority to further define the possibility of a joint powers park (design of park, and organization) and
prepare a formal agreement for both cities to approve or decline.
Person responsible:
Action Items: Motion to authorize the Mayor and Administrator
to sign and agreement to explore the element of a Joint Powers
Martin Rafferty, City Administrator
Park with Oakdale and appoint the Council and Commission
representatives.
Attachments: Proposed agreement with Oakdale to consider a
Joint Powers Park
Planning Commission Minutes for 2-23-06
Parks Commission Minutes for 1-19-06
LETTER OF UNDERSTANDING: FRAMEWORK FOR JOINT PARK
DEVELOPMENT - LAKE ELMO/OAKDALE
1. Park Dedication - 26 acres of 3M land in Lake Elmo will be dedicated as
parkland to the Cities of Lake Elmo and Oakdale for a "youth Mayfield
athletic complex". Oakdale will be credited back 10 acres dedication. The
site would be jointly owned by both cities, pursuant to Item 2. A
development plan could include baseball, softball, football and soccer, as well
as the necessary parking, building support services and picnic area(s).
2. Cost Sharing Arrangements at a 50 50 split. The initial cost for improving the
proposed park, currently estimated at one million dollars, will be shared
equally by both cities. However, Lake Elmo .s current share can be
temporarily mitigated to the population ratio as measured by each city's
population, beginning at no less than one-third (1/3) share today to a
maximum of one-half (1/2) share into the future. The initial ownership
percentage and usage allocation will be based on the upfront investment.
Thus, the ownership and usage percentage will change, based on Lake Elmo's
increased investment over time. The park will be maintained and costs split
based on a population/use formula.
3. Both cities agree to the creation of an interim committee structure as a "Task
Force" to develop a "Joint Powers Organizational Structure" for the purpose
of operation and control (governance). The "Task Force" will also define and
design the "Park PlarC, which will also include the process for shared use and
investment cost estimates. The proposed "Task Force" makeup is suggested
to include: 2 Council members, 2 staff members, and 1 Park Board member
from each city.
4. The recommendation from the Task Force will be articulated in the form of a
Joint Powers Agreement and a Park Plan for approval by the City Councils of
Oakdale and Lake Elmo, Both City Councils may approve or reject the
proposed Agreement and Plan as prepared by the joint "Task Force".
5. Once created, the Joint Powers Board will formulate policy for the usage
based on the aforementioned ownership percentage and remaining open
times of the fields and develop appropriate scheduling i.e., field usage
priorities, etc. The City of Oakdale, working with the City of Lake Elmo, shall
implement the Plan as defined by the Task Force, etc.
Page 1
6. Each City will bring the plan and agreement developed by the joint "Task
Force" through their required City processes in preparation for each City's
Council approval.
7. This agreement will become effective upon the final signing by the respective
cities.
Dean Johnston, Mayor
City of Lake Elmo
Date:
Carmen Sarrack, Mayor
City of Oakdale
Date:
Page 2
C)
The Planner said the City Council wants to see this back in February so he will try to draft
something to bring back soon.
Proposed Joint Community Playfield with Oakdale
The Planner said the City Council has requested a recommendation for a joint playfield with
Oakdale in Lake Elmo at northeast corner of Ideal and Stillwater Boulevard.
The Administrator explained the history of the donation request from 3M for a park for the City
of Oakdale. 3M offered them land in Lake Elmo. After discussions and meetings, it has matured
to a possibility of joint ownership of the land and in terms of capitalization, maintenance, and
government and field scheduling. Staff held out for joint governance and joint input on design.
Eventually our population will be close to theirs but meanwhile we are only 30% of their size.
So there might have to be consideration of proportionate terns in the meantime until we grow.
The City Council asked if this is something we want to attempt, and do we want to take the next
step to create a development agreement. The Parks Commission unanimously recommended
doing that.
The Plainer explained the City's need for ballfields today and into the future. He said the Park
Plan is 15 years old. Oakdale is about where we will be at 2030 for population. They have a
significant community playfield but it is not enough for their needs. An Old Village community
playfield would still be needed in the future. He said it makes sense from a Planning standpoint.
Commissioner Deziel asked about new zoning with RAD2 on the parcel north of Highway 5. He
said it would be the nearest Lake Elmo development to this. Commissioner. Ptacek agreed with
Commissioner Deziel and the Planner. He also said there are not enough dates and times and
fields available in Lake Elmo and Oakdale.
Commissioner Armstrong would want this park for ages 18 and under and daylight facilities
only, no lights on this field. He said it is probably better to create a park here near the railroad
without displacing homes and REC units, and it would be a good partnership with Oakdale for
the future.
The Planner clarified the proposal is for youth only.
Chairman Helwig used to be on the Parks Commission in Oakdale and he said the Oakdale
Athletic Association and the Parks Commission there are two distinct entities. The Athletic
Association does all the scheduling and they will get lights if they want them.
Commissioner Schneider said the City is sacrificing 26 acres for no houses and no taxes. We
should get more than 50% use of this park.
The Administrator said the Cities are insured by the League of NIN Cities so liability is not a
problem.
M/S/P, Ptacelc/Deziel to recommend taking the next step to continue the discussions. VOTE:
9:0.
Lake Elmo Planning commission Meeting Minutes of January 23, 2006
Page 1 of 1
Sharon Lumby
From: Kimberly Schaffel
Sent: Monday, January 30, 2006 2:42 PM
To: Sharon Lumby
Subject: Parks Endorsement of 1-19-06
On January 19, 2006, Administrator Rafferty added this item to the Parks Commission Agenda
Oakdale/Lake Elmo Park
Administrator Rafferty said Oakdale has only one community playfield and impact on neighborhood
parks is intense. Oakdale appealed to 3M for a donation of land and 3M said they would donate land
owned in Lake Elmo. They want to retain ownership of approximately 3 acres of this 26 acre parcel for
potential water purification infrastructure. The City wants to retain 50% ownership and control of this
park. The City Council asked for Parks to make a recommendation whether the City should pursue a
Joint Powers Agreement with Oakdale for this park. In the event the conversations move forward,
representatives from Lake Elmo would be appointed to a board that will then determine the
organizational structure for that park and a design concept.
Superintendent Bouthilet reminded the Commission that Lake Elmo still envisions a community
playfield eventually in the Old Village and that this park would be used for overflow.
M/S/P, Steele/Wagner, To endorse the engagement of discussions for the Oakdale/Lake Elmo park
concept and to move forward with the process to include three elements: the appointment of
representatives leading to the design of the organizational structure and the development of an
agreement to be brought back to the City for review. Vote: 7:0.
.) Kim
Kimberly Schaffel
City of Lake Elmo
1/30/2006
Lake EImo
Agenda Section: CITY ADMINISTRATOR'S REPORT
No. 1113.
City Council
February 7,
2006
Agenda Item: Comment Letter to Washington County on Lake Elmo Park Reserve Plan
In late December management staff from the Regional Park Reserve presented a "Draft Plan" to the Lake
Elmo City Council and informed the Council of the next steps to mature a final plan. The City Council
received the Draft Plan for consideration and review. On January 31, the City Council met in workshop
with the appointed Committee representatives to discuss the Draft Plan and develop comments for the
Washington County Board's consideration.
The attached "draft letter" reflects the comments captured from the attending representatives at the
January 31 S` meeting; for submittal as official commentary from Lake Elmo to the Washington County
Board.
Person responsible:
Action Items: Motion to authorize the Administrator to sign
Comment Letter to Washington County on Lake Elmo Park
Martin Rafferty, City Administrator
Reserve Plan.
Attachments: Proposed Draft Letter
February, 1, 2006 Draft
Washington County Board
Washington County Government Center
14949 62°d Street .
P.O. Box 6
Stillwater, MN 55082-0006
Dear Chairman Pulkrabek:
The Lake Elmo City Council extends their appreciation to the Washington County Board
for incorporating the representatives from Lake Elmo on the Lake Elmo Regional Park
Reserve Technical Advisory Committee. The purpose of the committee was to guide the
development of a revised plan for the Lake Elmo Regional Park Reserve. The
Committee's work has matured into a "draft plan" for the Board's review, modification
and adoption, which is subject to Metropolitan Council review and approval.
As you are aware, professional consultants from St. Paul were retained by Washington
Comity to assist and guide the Committee in preparing the draft plan. The professionals
retained provided specific expertise assuring the Committee and the County that the plan
would be prepared in accordance with reviewing agencies' rules and regulations, as well
as, provide the necessary background to develop an appropriate plan for a Park Reserve.
Ia late December, management staff from the Regional Park Reserve presented the draft
plan to the Lake Elmo City Council. At that time they informed the Council of the next
steps that would be taken to mature a final plan. The City Council received the draft plan
for consideration and review. On January 31, the City Council met in workshop with the
appointed Committee representatives to discuss the draft plan and develop the following
comments for the Washington County Board's consideration.
The Lake Elmo City Council is generally pleased with the hard work of the committee
and staff that has resulted in the draft plan developed. The City firmly endorses the plan
to have the park remain as a "Reserve", and guided by the following words in Section
1.1; `As a Reserve the focus of the park is to provide the public with nature oriented
recreational opportunities such as viewing and studying wildlife and wildlife habitat,
learning about conservation, swimming, picnicking, hiking, orienteering, boating,
camping and trail uses ".
The Metropolitan Council 2030 Regional Park System Plan clearly defines the distinction
between a Regional Park and a Regional Park Reserve. The Regional System Plan
specifies that a Regional Park Reserve shall "...establish and maintain an uncompromised
sense of nature and protect high quality natural resources...", and "...at least 80 percent
of each park reserve should be managed as wild lands that protect the ecological
functions of the native landscape." The System Plan continues with, "This would permit
up to 20 percent of the park reserve to be developed for compatible recreational activities.
The draft plan states that today 7% of the Lake Elmo Park Reserve is developed for
compatible recreational activity; and proposes to increase that "developed" percentage to
9%. In this regard, three issues of concern have been identified by the Lake Elmo City
Council:
Maintaining the "Reserve" status of the park by evaluating the 90/20 standard to
assure it has been appropriately applied. While the physical footprint of proposed
additional park development may be an insignificant percentage of the park area,
the resulting impact of that development may "compromise" the "sense of nature"
to a far more significant degree.
Proposed park expansion plans, in the context of resulting impacts, may not be
consistent intended purpose and may in fact negatively impact the intended
purpose of the park as defined by the Regional Park System Plan.
The Lake Elmo Park Reserve is part of, and contained within the boundaries of
the City of Lake Elmo. No other political subdivision shares a border with the
Park. The City of Lake Elmo performs primary service delivery in terms of roads
and public safety fire/rescue response. In fact, the annual calls to the Park
Reserve for service from the Lake Elmo Fire/Rescue are significant and are paid
for solely by the tax payers of Lake Elmo. Therefore, expanding the facilities will
have service demand increase which will mean more cost to the City. Discussions
with Park Reserve staff earlier this year resulted in a non recognition of the issue.
At the meeting with the City Council on January 31", specific improvements proposed by
the draft plan were discussed in the context of the positive and negative implications. The
draft plan proposed improvement items discussed are summarized as follows:
Lighted Cross Country Ski Trails — The City Council is not in favor of lighted
trails in the park as it would contradict the purpose of the park "the nature
mission". It was found that the impact of the lighted trails (regardless of lighting
style) would compromise the "sense of nature" to a far greater degree that the
immediate footprint of the lighting feature.
Underpass/tunnel — A trail underpass at State Highway 5, connecting the Park
Reserve to the Lake Elmo trail system and Gateway Trail was accepted by City
Council as a good improvement for public safety reasons.
Bituminous trail expansion — specifically around Eagle Lake, was rejected by the
City Council as an unnecessary expansion that would contradict the mission to
maintain the natural experience of the park. Maintaining the trail as unpaved was
believed a better plan.
Milfoil issue in lake — was an area that City Council believed needed more
proactive plans to monitor, prevent and remove.
Identify designated natural zones — more clearly in the plan and incorporate
concerns on excessive bituminous pathways. The expansion of mountain biking
in the park needs to be contained in a designated zone for more active use.
The City Council requests you consider these changes to the proposed plan. Again the
City Council compliments the County leadership, staff and volunteers for the tremendous
work to complete the draft plan.
Respectfully submitted on behalf of the Lake Elmo City Council,
Martin Rafferty
City Administrator
Lake Elmo
Agenda Section: MAINTENANCE/PARK/FIREBUILDING
No. 7A.
City Council
January 17, 2006
FEBRUARY 7, 2006
Agenda Item: Gen Set (generator)
At the January 10, 2006 Council Workshop, the Public Works Supervisor informed the Council of the
opportunity to purchase a Gen Set generator from the City of North St. Paul at a cost of $10,000. He
pointed out there is $15,000 in the CIP.
BACKGROUND INFORMATION FOR FEBRUARY 7, 2006
Mike Bouthilet will have a verbal update. RECOMMENDATIONS FROM THE
Person responsible:
Action items:
M. Bouthilet
Attachments:
Time Allocated:
Excerpt from the January IO h Council Workshop
Draft Copy
CITY of LAKE ELMO
MAINTENANCE ADVISORY COMMITTEE
Minutes of
January 25, 2006
Present: Chuck Stanley, Dick Gustafson, Bud Talcott, Mike Bouthilet,
Guests: Steve Gurney. Absent: George Dege
The meeting was called to order at 6:35pm at the City Hall by Bud Talcott.
The Minutes of January 11t" were reviewed and there were no changes.
A Motion was made by Chuck S. and seconded by Bud T. to accept the minutes as
written. The motion passed.
Mike Bouthilet presented information for the standby generator for the new maintenance
building. This is a Genrac unit North St. Paul has had for 4 years and is looking to sell
for $10,000.00. It has never really been used but North St Paul starts it on a scheduled
basis and maintains it well. It is a 155KW unit to operate 208V/120V, but our need is for
480v/120v. Mike said he was told it will cost approximately $6,200.00 to have it
modified. Mike said North St. Paul will be willing to store this unit until our building is
ready.
The question of size was discussed as to what we actually require. Bud T. said he had
talked to someone he knew at Cummins/Onan and the rule of thumb is to have the
generator at approximately 50%-75% of the main incoming building power. Our new
building will have a 400-amp service. This 155kw will give us about 320 amps which fits
within the size we require. Bud said that while they were talking he asked if Onan had
any used units of this size. He was told not right now but in about 30 days they would
have one. It is a 175kw unit about 14 years old. When asked about price, they said it
would be in the area of about $25,000.00.
The building electrical specification drawings were reviewed to see where 480v is
required and it became apparent most all motors will be operating at this voltage; the
lighting will be 277v, which is the single phase voltage for any two of the three phase
legs of the 480 volts. The 120v will most likely be from a transformer, and will be only
requiring it for the wall outlets. Mike said he is having TKDA confirm the price to modify
this Genrac unit and is also is having the electrical contractor Mendota Electric check on
it for price comparison.
Page 2
MAC Meeting January 25,2006
It was the consensus of the committee that it appears the used unit with the
modifications will be the best buy for us in the long run.
A Motion was made by Bud Talcott and seconded by Chuck Stanley to recommend the
purchase of the used 155kw Genrac generator from North St. Paul at a cost of
$10,000.00 and have it modified to match our requirements at an estimated cost of
$6,200.00, with North St. Paul storing it until such time our building is ready for it. The
Motion Passed
Hearing no objections the meeting was adjourned at 7:35 pm.
Respectfully submitted,
Bud Talcott
Chairman/ Secretary
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-016
A RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE
WATER SYSTEM INTERCONNECT PHASE IV PROJECT
AND ORDERING ADVERTISEMENT FOR BIDS
WHEREAS, the City Engineer has prepared plans and specifications for the
improvement of the Water System Interconnect Phase IV Project, 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. The City Clerk shall prepare and cause to be inserted in the official paper an in the
Construction Bulletin and 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 7 p.m. on 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 7th day of February, 2006.
Dean Johnston, Mayor
ATTEST:
Martin Rafferty, City Administrator