HomeMy WebLinkAboutJanuary 3, 2006 CCP-/=- I L E
Mayan: Dean Johnston Lake Elmo City Council
Council members:
Rita Conlin Tuesday
Steve DcLapp Liz Johnson J,anuary 3' 2006
Anne Smith
3500 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 20, 2005
3. PUBLIC INOUIRIESANFORMATIONAL:
Public Inquiries/Informational is an opportunity for citizens to
bring the Council's attention any items not currently on the
A. PUBLIC INQUIRIES:
agenda. In addressing the Council, please state your name and
B. PUBLIC INFORMATIONAL:
address for the record, and a brief summary of the specific item
being addressed to the Council. To allow adequate time for
(1) Lake Elmo Jaycees Proclamation
each person wishing to address the Council, we ask that
(2) 2006 Board of Appeal and
individuals limit their comments to three (3) minutes. Written
Equalization Meeting
documents may be distributed to the Council prior to the
meeting or as bench copies, to allow a more timely presentation.
4. CONSENT AGENDA
Those items listed under the Consent Calendar are considered to
A. Resolution No. 2006-OO1:Authorizing
be routine by the City Council and will be enacted by one
motion under a Consent Calendar format. There will be no
Signature for Payments of Funds From the Lake
separate discussion of these items unless a Council member so
Elmo Bank
requests, in which event, the item will be removed from the
B. Resolution No. 2006-002:Approving
general order of business and considered separately in its normal
claims
sequence on the agenda.
5. ORGANIZATIONAL ME, STING:
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)
Lake Elmo City Council Agenda
January 3, 2006
Pape 2
F. Appointment of Financial Advisor
G. Appointment of Auditing Firm
H. 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
7. MAINTENANCEIPARK/FIREBUILDING:
A. Update on Fire Department: Chief
Malmquist
8. CITY ENGINE,ER'S REPORT:
Tom Prew
A.
9. PLANNING. LAND USE & ZONING:
C. Dillerud
A. Comprehensive Plan Amendment —
Trails Guide Plan:Resolution No. 2006-003
B. 2030 Comprehensive Plan
Amendments:Resolution No. 2006-004
C. 2006-2010 Capital Improvements
Program (CIP) Resolution No. 2006-005
D. Metropolitan Council System Statement
- Verbal
10. CITY ATTORNEY'S REPORT:
A.
11. CITY ADMINISTRATOR'S REPORT:
A.
12. CITY COUNCIL REPORTS:
A. Mayor Johnston
B. Council Member Conlin
C. Council Member DeLapp
D. Council Member Johnson
E. Council Member Smith
MAY�CE
LAKE ELMO JAYCEES
1(�QP.O. BOX 1J(J - MINNES OTA
.l A YC E P..SLake Elmo, MN 55042
I
Dear Mayor John-Zn,
Enclosed is the proclamation for Jaycee Week for the Lake Elmo Jaycees. There are
two copies, one for you and one for our records.
Also I would like to introduce myself. My name is Josh Ackerman, and I will be the
President for the Lake Elmo Jaycees this year. I have been a Lake Elmo Jaycee for
five years now, and am excited to take the helm for the chapter this next year. We
are getting set to have a big year. As you know we hold Huff - N - Puff , and it will
be our 30 year this year. We also have some big events that are also in the works.
Please feel free to contact me if you have any questions.
Thank you for your time,
Josh Ackerman
Lake Elmo President 2006
%4p'.` . LAKE EI.MO JAYCEES
MI
P.O. Box 198 NNESOJnPC� "
LMtfO
aM" Lake Elmo, MN 5504-2
JAYCEE,S
Whereas, the Lake Elmo Junior Chamber has actively involved itself in the life of our
community for the future development of community leaders as an organization,
nationally, and in the State of Minnesota for the past 34 years; and
Whereas, the Lake Elmo Junior Chamber has contributed humanitarian projects
such as Adopt -A -Highway, Adopt -A Park, and Easter Egg Hunt; and
Whereas, the Lake Elmo Junior Chamber has adopted the basic tenets of purpose
of brotherhood, free enterprise, government of laws, human personality, and
service to humanity;
Now Therefore, I, Dean Johnston, Mayor of the City of Lake Elmo, do hereby
proclaim the week of January 15th, 2006, as
Lake Elmo Junior Chamber week in the City of Lake Elmo and urge all city citizens
to recognize the importance of community service to all of its citizens.
Done at the City Hail, in the City of l.,ake Elmo, this 3rd day of January, in the Year
of Our Lord, 2006.
Signed:
Lake Elmo
Agenda Section: ORGANIZATIONAL MEETING
No. 5B.
City Council
January 3, 2006
Agenda Item: Designation of Legal Newspaper
Background Information for January 3, 2006:
Attached are quotes from the Lake Elmo Leader and Lillie Suburban Newspapers, Inc. for legal newspaper
services for 2006.
In 2005, the Lake Elmo Leader, which has an office in the City, was designated as the City's legal
newspaper. Although the newspaper only publishes on Friday, the staff has had to work around the
deadlines for submission of public hearing notices.
The following motion is offered for your consideration:
Action Items:
Person responsible:
Motion , Second , to designate the Lake Elmo
S. Lumby
Leader as the City's Legal newspaper for 2006.
Attachments
1. Letter from Lake Elmo Leader
Time Allocated:
2. Letter from Lillie Suburban Newspapers, Inc.
Lake Elmo LEADER RECEIVED
3880 Laverne Avenue, Suite I I I
Lake Elmo, MN 55042
p: 651-777-3830 f: 651-777-3836
December 16, 2005
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Dear Lake Elmo Mayor and City Council,
We would like to take this opportunity to thank the City of Lake Elmo for designating the Lake Elmo
Leader as the legal and offical publication for the past year. Once again, we look forward to partnering with
the City of Lake Elmo to bring residents of the Lake Elmo area legal notices in the years to come. The fol-
lowing is the Lake Elmo Leader's 2006 rate for publication of legal notices, effective with the January 6,
2006 edition:
$4.53 per column inch
All legal notices will be posted on-line at www.lakeelmoleader.com. Deadlines for legals will be 12
p.m. the Friday prior to publication. We encourage the submission of legal notices via e-mail. Please send
your legal notices to legals@lakeelmoleader.com. Include an insertion order with your notice containing the
dates of requested publication, the name of the paper you wish to publish in, and a contact naive and number,
in case of questions.
Thank you for your consideration. If you have any further questions, please call (651) 439-4366.
Sincerely,
Koryn Warner
Legal Coordinator
Lillie Suburban Newspapers, Inc.
Chuck Dillerud
City of Lake Elmo
3800 Laverne Ave. N.
Lake Elmo, MN 55042
Dear Mr. Dillerud:
2515 E. Seventh Avenue
North St. Paul, MN 55109
(661)777.8800
November 29, 2005
Thank you for the opportunity to bid on public notice publication services for the City of Lake
Elmo. The Oakdale -Lake Elmo Review has been serving the needs of the Lake Elmo area for 34
years, and is pleased to provide ongoing coverage of city government and school issues and
community events.
Lillie Suburban Newspapers is the oldest weekly newspaper company in the St. Paul area. It was
founded in 1938 by the late T. R. Lillie. His grandsons, Jeffery Enright and Ted H. Lillie, are
continuing the family tradition of publishing award -winning community newspapers in the St. Paul
suburbs.
It is our sincere desire to provide the best possible local news coverage in the Lake Elmo area. Our
experienced news staff provides readers with a well-balanced, lively and informative product each
week. We realize that Lake Elmo area residents look to us as one of their primary sources of
information about city activities and meetings, and we will continue to publish the city's press releases
and photos.
Lillie Suburban Newspapers has the official designation of the neighboring communities of North
St. Paul, Maplewood and Oakdale, to name a few, as well as the North St. -Paul-Maplewood-Oakdale
School. District.
3 P.M. Friday is the deadline each week for submitting public notices to our office. Public notices
should be directed to Brenda Boogren, Lillie Suburban Newspapers, 2515 E. Seventh Ave., North St.
Paul, MN 55109. Our fax number is 651n77-8288. Notices may also be sent via e-mail to:
legals@lillienews.com
Legal publication rates for minutes, advertisements for bids and other notices are as follows:
$2.10 per column inch for a one-time .publication
$1.99 per column inch for each additional publication
Thank you for considering the Oakdale -Lake Elmo Review as the official legal newspaper for the
City of Lake Elmo for 2006, If you have any further questions, don't hesitate to call us_
Sin y,
Jeffery Enright
Publisher
Ramsey County Review + Maplewood Review + Oakdale -Lake Elmo Review e Review Perspectives
LittNEWTS New Brighton Bulletin a Shoreview Bulletin + St. Anthony Bulletin South-West Review
Roseville -Little Canada Review + Woodbury -South Maplewood Review + East Side Review
Depositories
Lake Elmo
Agenda Section: ORGANIZATIONAL MEETING
No 5C.
City Council
January 3, 2006
Agenda Item: Appointment of Depositories for 2006
Background Information for January 3.2006
The staff recommends the designation of the following as official depositories for the City: Lake Elmo
Bank, Wachovia Securities, Smith Barney Citigroup, and Northland Securities.
Person responsible:
Action Items:
Tom Bouthilet
Motion Second , to designate Lake Elmo
Bank, Wachovia Securities, Smith Barney Citigroup, and
Northland Securities for the 2006 Depositories.
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-001
A Resolution Authorizing Signatures
for Payment of Funds from Lake Elmo Bank
WHEREAS, on January 3, 2006 the City designated the Lake Elmo Bank as the
official depository for the funds of the City of Lake Elmo; and
NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council hereby
approves the following:
1. Mayor Dean Johnston and either Martin Rafferty, Charles Dillerud, Thomas
Bouthilet shall sign all checks and order for payment of money and withdraw
funds on deposit with the Lake Elmo Bank.
2. Mayor Dean Johnston's facsimile signature may be used to endorse all checks
and orders for the payment of money and to withdraw funds on deposit with the
Lake Elmo Bank.
3. This resolution shall continue to have effect until expressed written notice of its
rescission or modification has been received and recorded by the Lake Elmo
Bank.
ADOPTED by the Lake Elmo City Council this 3rd day of January, 2006.
ATTEST:
Martin J. Rafferty, City Administrator
Dean A. Johnston, Mayor
L'
a �Mti"s �1.'L'V�n.1.•.n
`' C ' M''L\:4Z•\Mt.1Ah'�7y�a1AN
,yt
- v
145,
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006-002
RESOLUTION APPROVING CLAIMS
BE IT RESOLVED THAT Claim Numbers 299, 300, DD594 through DD603,
28448 through 28463, were used for Staff Payroll dated December 20`h, 2005; claims
301, 28464 through 28494, in the total amount of $357,039.78 are hereby approved.
ADOPTED, by the Lake Elmo City Council on the 3ra day of January, 2006.
Dean A. Johnston
Mayor
ATTEST:
Martin J. Rafferty
City Administrator
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CITY OF LAKE ELMO
2005 BILLING SUMMARY
MONTH
11135
Administration
11140
I Criminal Pros
1 11145
Public Imp, Prot
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
$644.36
$198.00
$94.50
$6,145.53
March
$3,375.41
$3,562.62
$1,956.61
$99.00
$318.50
$9,312.14
April
$1,979.81
$3,328.76
$77.00
$2,753.61
$954.77
$307.00
$9,400.95
May
$3,779.92
$3,329.95
$297.00
$390.50
$354.32
$518.00
$8,669.69
June
$3,795.88
$3,777.44
$165.86
$363.00
$1,261.00
$40.50
$9,403.68
July
$3,690.32
$3,349.44
$333.50
$132.54
$40.50
$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
$712.63
$279.54
$207.00
$7,828.08
Dec
$0.00
Totals
$32,505.47
$38,871.45
$1,567.22
$9,328,10
$5,083.48
$4,183.61
$91,529.33
12/15/2005
Suite 300
50 Flfth Street East
St. Paul, MN 55101.1.197
CITY OF LAKE ELMO
3800 Laverne Avenue North
Lake Elmo MN 55042
r
FEES
11135-DOODOS Comp. Plan Update 2000-2020
99.00
11135-040010 VACATION OF 55TH STREET
151.50
11135-920001 Administration
2,114.00
2,364.50
ACCOUNT NO
EXPENSES ADVANCES
(651) 291 8955
(651) 228.1753 facsimile
Federal Tau ID #41.0991098
Page: 1
11/30/2005
11135M
BALANCE
0.00
0.00
$99.00
3.10
655.55
$810.15
3.96
0.00
$2,117.96
7.06
655.55
$3,027.11
THIS STATEMENT IS DUE AND PAYABLE TO THE END OF rHHE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTHH•S STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300
50 Fifth Street East
St. Paul, MN 55101-1197 -
1 1
T"I''U,:N�.
(651) 291-8955
(651) 228.1753 facsimile
Federal Tax ID 941-099I098
Page: 1
CITY OF LAKE ELMO, 11/30/2005
3800 Laverne Avenue North ACCOUNT NO. 11140M
Lake Elmo MN 55042
FEES
EXPENSES
ADVANCES
BALANCE
11140-030001
Misc Prosecutions
2,860.00
24.29
0.00
$2,BB4.29
11140-040038.SACQUES,
LARRY PATRICK
-
Traffic Violations
67.50
0.00
0.00
$67.50
1114D-050028
Perkins, Carol Kozatt
dog bite/dog at large
0.00
0.00
17.50
$17.50
11140-050066
Gallmeier, Ryan Lee
3rd degree DUI, 3rd degree .10
300.00
0.00
0.00
$300.00
11140-050083
Phernetton, Myron
domestic assault
0.00
0.00
39.00
$39.00
11140-050122
Love, Orbin
DAR
5.00
0.00
0.00
$5.00
11140-050162
Estebo, Larry Lee
3rd degree DUI, fail to stop,
no insurance
10.00
0.00
0.00
$10.00
11140-050194
Foerster, Ryan Steven
DAR
5.00
1.61
0.00
$6.61
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.
PL EASE R 'LURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300 j ERSON - (65P)291-8955
tFifth Street. Paul, MN 55E01t 1197 FROM 'BERGMAN Fed(erallT xB-1753 ID #41f09910' St98
e ® a
Page: 2
CITY OF LAKE ELMO 11/30/2005
ACCOUNT NO. 11140M
FEES
EXPENSES
ADVANCES
BALANCE
11140-050203
Carey, Brian Lee
DAS
5.00
0.00
0.00
$5.00
11140-050238
Will, Timothy
-
GM-DAC-IPS
-
10.00
0.00
0.00
$10.00
11140-050240
Beasley, Linda K.
park on grass
5.00
0.00
0.00
$5.00
11140-050242
Wason, Scott Spencer
abandon vehicle on roadway
5.00
0.00
0.00
$5.00
11140-050247
Flores, Michael J.
3rd degree DUI, 3rd
degree
.08, DAR
10.00
0.00
0.00
$10.00
11140-050248
Aamold, Wayne Keith
_
3rd degree DUI, 3rd
degree
.08
10.00
0.00
0.00
$10.00
11140-050249
Meissner, Chad E.
GM -no insurance, DAS
65.00
0.00
0.00
$65.00
11140-050250
Vetter, David
speed 68/55
10.00
0.00
0.00
$10.00
11140-050251
Ryder, Steven Roger
3rd degree DUI, 3rd
degree
.08
.
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 HE CREDITED TO THE NEXT MONTH'S STATEMENT.
PLEASE RETURN ONE COPS' OF STATEMENT WITH PAYMENT.
Suite 300
50 Paul Street East � BERG � � � T
St, Paul, MN 55101.1197 r1��1 �""�l'� j�lj[-'1(�J
o a e a
CITY OF LAKE ELMO
FEES EXPENSES
11140-050252 Pinkston, Keith Antonio
DAC
10.00
J, JO I. DV
I lI
25.90
(651)291.8955
(651) 228.1753 facsimile
Federal Tax ID #41.0991098
Page: 3
11/30/2005
ACCOUNT NO. 11140m
ADVANCES BALANCE
0.00 $10.00
56.50 $3,469.90
THIS STATEMENT IS DUDE AND PAYABLE TO THE ENO 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.
iP ERSON, Suite 300 (b5q 291-8955
St Fifth
aul Street East101- p��,ry A- p /( Bj3ES �"j� /( ]� T 7 16511 228.1753 facsimile
St. Paul, MN 55101-I 1.97 j l �,'�l�/1 jJ 1V ,h Federal Tax ID #41.0991098
/ 1 1 tl
Page: 1
CITY OF LAKE ELMO 11/30/2005
3800 LAVERNE AVENUE NORTH ACCOUNT NO. 11145M
LAKE ELMO MN 55042
FEES
EXPENSES
ADVANCES
BALANCE
11145-040003 WATER SYSTEMS CONNECTION
8B.00
0.00
0.00
$88.00
11145-050001 PUBLIC WORKS BUILDING
44.00
0.00
0.00
$44.00
132.00
0.00
0.00
$132.00
TRES STATEMENT ➢S DUE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECE➢ PO AFTER THE LAST DAY OF TH➢E MONTH WILL BE CRED➢TEND TO T➢HE NEXT MONTH's STATEMENT.
PLEASE RETURN ONE COPY OIL STATEMENT WITH PAYMENT.
Suite 300
50 Fifth Street East
St, Paul, MN 55101.3 197
CITY OF LAKE ELMO
3800 Laverne Avenue North
Lake Elmo MN 55042
r=
UFn.A` :S.SitCS'A?tlol';,
ACCOUNT NO
FEES EXPENSES ADVANCES
11150-050002 LE PROFESSIONAL CENTER C/O J. MCDONALD VARIANCE
70.00 0.00 0.60
(651)291.8955
(651) 228.1753 facsimile
Federal Tax ID N41 0991098
Page: 1
11/30/2005
11150M
BALANCE
$70.00
11150-050004 FARMS OF LAKE ELMO O.P. DEVELOPMENT
99.00 0.00 0.00 $99.00
11150-050006 DISCOVERY CROSSING OP DEVELOPMENT
88.00 1.82 0.00 $89.82
11150-,050007 LAKE ELMO DEVELOPMENT CORPORATION - OP
286.00 3.21 0.00 $289.21
11150-050009 PLAT, REZONING AND COMP PLAN - PARK MEADOWS
44.00 0.00 0.00 $44.00
11150-990006 Carriage Homes Development
120.50 0.00 0.00 $120.50
707.50 5.03 0.00 $712.53
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
50 Fifth Street East
St. Paul, MN 55101 ^ 1197
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
FEES
11155-040002 ZIERTMAN/SESSING PROPERTY
279.00
O'N9i
EXPENSES
0.54
(651) 291.8955
(651) 228.1753 Facsimile
Federal Tax ID 041. 0991098
Page: 1
11/30/2005
ACCOUNT NO. 11155M
ADVANCES BALANCE
0.00 $279.54
THIS STATEMENT IS WALE AND PAYABLE TO THE ENO OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH W➢LL BE CREDITED TO THE NEXT MONTH'S STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300
50 Fifth Street East
St. Paul, MN 55101.1197
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
FEES
11161-050003 Kleinvachter, Robert Michael
vehicle forfeiture
73.50
11161-050006 Remmen, Howard Lester
vehicle forfeiture
73.50
11161-050007 Skoglund, Jon Michael
vehicle forfeiture
207.00
(6511291.8955
(651) 228-1753 facsimile
Federal Tax ID 441.0991098
Page: 1
11/30/2005
ACCOUNT NO. 11161M
EXPENSES ADVANCES BALANCE
0.00 0.00 $73.50
0.00 0.00 $73.50
0.00 0.00 $60.00
0.00 0.00 $207.00
THIS STATEMENT HB DUE AND PAYABLE TO THE ENO 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.
Lake Elmo
Agenda Section: ORGANIZATIONAL MEETING
No 5A.
City Council
January 3, 2006
Agenda Item: Election of Acting Mayor
Background Information for January 3.2006
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.
The following motion is offered for your consideration.
Person responsible:
Action Items•
Motion Second , to approve Council
Member as Acting Mayor for 2006.
Lake Elmo
Agenda Section: ORGANIZATIONAL MEETING
No. 5D.
City Council
January 3, 2006
Agenda Item: Appointment of City Engineer
Background Information for January 3, 2006:
Attached is a letter from Tom Prew expressing interest in reappointment as the City Engineer. Tom has
provided a new schedule of billing rates. Enclosed is a copy of last year's rates.
Should the Council consider going out for an RFP for the City Engineer appointment, staff suggests
appointing Tom Pre/TKDA as the City Engineer for 90 days and direct staff to submit an RFP for the City
Engineer appointment.
The following motions are offered for your consideration:
Action Items:
Person responsible:
Motion , Second , to appoint Tom
Prew/TKDA as the City Engineer for 2006.
OR
To appoint Tom Prew/TKDA as the City Engineer for 90 days and
direct staff to submit an RFP for the City Engineer appointment.
Attachments-
1. Letter from Tom Prew
Time Allocated:
TKDA
ENGINEERS - ARCHITEM — PLANNERS
December 9, 2005
Mr. Martin Rafferty
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, Minnesota 55042-9629
Re: General Agreement for Continuing Services
Dear Mr. Rafferty:
1500 Piper Jeff ray Plaza
444 Cedar Street
Saint Paul, MN 55101-2140
(651)292.4400
(651) 202-0063 Fax
www.Ikda.com
Enclosed herewith is an updated Billing Rate Schedule dated January 1, 2006, for use with our
Agreement dated February 2, 1988. This Schedule replaces the previous schedule that has been
in effect since January 1, 2005.
We appreciate the opportunity to be of service to the City of Lake Elmo. If you have any
questions, please feel free to call me at 651/292-4463.
Sincerely,
Thomas D. Prew, P.E.
Project Manager
TDP:adh
Enclosure
cc: Richard Thompson, TKDA
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
TKDA
ENGINEERS-ARCHITECTS•PLANNERS
December 9, 2005
Honorable Mayor and City Council
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
Re: Reappointanent of City Engineer
City of Lake Elmo, Minnesota
TKDA Project No. 0013267.000
Dear Mayor and City Council:
RECEIVE 0 1500 Piper Jaffray Plaza
444 Cedar Street
DEC 16 2005 Sant Paul, MN 55101.2140
(651)292-4400
(651) 292-0063 Fax
www.tkda.com
At this time of year we like to review some of the items we have worked on with the City and
projects we look forward to working on in the next year. In 2005, we assisted the City with:
• Design of the Public Works Building.
• Planning and Design of Water Tower No. 2.
• Water System Interconnection Project.
• Inspection Services for five new Subdivisions.
• Assistance on the Comprehensive Plan.
In 2006, we are looking forward to:
• Design of a new City Hall.
• Water System Improvements.
• Comprehensive Sanitary Sewer Plan.
• Street Improvement Projects.
City Council Action Requested
• Reappoint TKDA as the City Engineer for 2006.
Sincerely,
Thomas D. Prew, P.E.
Consulting City Engineer
TDP:adh
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
TOLTZ, ICING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
ENGINEERS • ARCHITECTS • PLANNERS
SCHEDULE OF BILLING RATES
Classification
Senior Registered Engineer, Architect, or Planner
Engineering or Architectural Specialist II
Engineering or Architectural Specialist I
Registered Engineer, Architect, Land Surveyor,
Planner, or Interior Designer
Graduate Engineer, Architect, or Planner
Technician III
Technician lI
Technician I
ST. PAUL, MINNESOTA
JANUARY 1, 2006
Ranee of Hourly Billing Rates*
$ 99.00 to $ 201.00
$ 90.00 to $ 146.00
$ 60.00 to $ 116.00
$ 63.00 to $ 132.00
$ 46.00
to
$
99.00
$ 52.00
to
$
80.00 **
$ 41.00
to
$
64.00 **
$ 27.00
to
$
47.00 **
In addition to the hourly charges, TKDA shall be reimbursed at cost for the following direct
expenses when incurred in the performance of the work:
1. Travel and subsistence. (Mileage at current IRS Standard Rate per mile.)
2. Computer services. (Currently at $12.00 per hour of logged -on time.)
3. Outside professional and technical services with costs defined as the amount billed
TKDA plus 10%.
4. Identifiable reproduction and reprographic costs.
* Rates effective until December 31, 2006.
** For hours worked over 8 hours per day or 40 hours per week, whichever is greater,
individuals will be paid one and one-half times the above rates where required by Local,
State and/or Federal Government Wage and Hour Regulations,
Schedule 2750-S75
TOLTZ, KING, DUVALL, .ANDERSON
AND ASSOCIATES, INCORPORATED
ENGINEERS • ARCHITECTS • PLANNERS
SCHEDULE OF BILLING RATES
Classification
Director, Senior Registered Engineer, Architect, or Planner
Engineering or Architectural Specialist 11
Engineering or Architectural Specialist I
Registered Engineer, Architect, Land Surveyor,
Planner, or Interior Designer
Graduate Engineer, Architect, or Planner
Technician III
Technician 11
Technician I
ST. P
JANUARY 1, 2005
Range of Hourly Billing Rates*
$ 99.00 to $ 190.00
$ 90.00 to $ 138.00
$ 60.00 to $ 110.00
$ 63.00 to $ 124.00
$ 46.00
to
$
94.00
$ 52.00
to
$
75.00 **
$ 41.00
to
$
58.00 **
$ 27.00
to
$
44.00 **
In addition to the hourly charges, TKDA shall be reimbursed at cost for the following direct
expenses when incurred in the performance of the work:
1. Travel and subsistence. (Mileage at current IRS Standard Rate per mile.)
2. Computer services. (Currently at $12.00 per hour of logged -on time.)
3. Outside professional and technical services with costs defined as the amount billed
TKDA plus 10%.
4. Identifiable reproduction and reprographic costs.
* Rates effective until December 31, 2005.
* * For hours worked over 8 hours per day or 40 hours per week, whichever is greater,
individuals will be paid one and one-half times the above rates where required by Local,
State and/or Federal Government Wage and Hour Regulations.
Schedule 2750-575
Lake Elmo
Agenda Section: ORGANIZATIONAL MEETING
No. 5E.
City Council
January 3, 2006
Agenda Item: Appointment of City Attorney: (Civil and Criminal)
Backjjround Information for January 3, 2006:
The City has received verbal confirmation by Jerry Filla, Peterson, Fram & Bergman, for reappointment as
the City Attorney for Civil and Criminal matters.
Should the Council consider going out for an RFP for the City Attorney (Criminal or Civil) appointment,
staff suggests appointing Jerry Filla/Peterson, Fram & Bergman as the City Attorney for 90 days and direct
staff to submit an RFP for the City Attorney appointment.
The following motions are offered for your consideration:
Action Items:
Person responsible:
Motion , Second , to appoint Jerry Filla,
Peterson, Fram & Bergman as the City Attorney, both for
Criminal and Civil matters for 2006
OR
To appoint Jerry Filla, Peterson, Fram & Bergman, as the City
Attorney, both for Criminal and Civil matters, for 90 days and
direct staff to submit an RFP for the City Attorney appointment.
Attachments:
Time Allocated:
Lake Elmo
Agenda Section: ORGANIZATIONAL MEETING
No 5F.
City Council
January 3, 2006
Agenda Item: Appointment of Financial Advisor
Background Information for January 3, 2006
Paul Donna, Northland Public Finance Group, has been the City's Financial Advisor for 2005.
Should the Council consider going out for an RFP for the Financial Advisor appointment, staff suggests
appointing Paul Donna/Northland Public Finance Group, as the City's Financial Advisor for 90 days and
direct staff to submit an RFP for the Financial Advisor appointment.
Person responsible:
Action Items:
Tom Bouthilet
Motion Second , to appoint Paul Donna,
Northland Public Finance Group, as the City's Financial Advisor
for 2006
OR
To appoint Paul Donna, Northland Public Finance Group, as the
City's Financial Advisor for 90 days and direct staff to submit an
RFP for the City's Financial Advisor appointment.
Lake Elmo
Agenda Section: ORGANIZATIONAL MEETING
No 5G.
City Council
January 3, 2006
Agenda Item: Appointment of Auditing Firm
Background Information for January 3, 2006
The City has received verbal confirmation from Steven R. McDonald, CPA; Abdo, Eick & Meyers, LLP,
for their reappointment as the City's Auditing Firm for 2006.
Should the Council consider going out for an RFP for the City's Auditing Firm, staff suggests appointing
Steven McDonald, Abdo, Eick & Meyers, LLP, as the City's Auditing Firm for 90 days and direct staff to
submit an RFP for the City's Auditing Firm.
Person responsible:
Action Items:
Torn Bouthilet
Motion Second , to appoint Steven R.
McDonald, CPA, Abdo, Eick & Meyers, LLP as the City's
Auditing Firm for 2006
OR
To appoint Steven R. McDonald, CPA, Abdo, Eick & Meyers,
LLP as the City's Auditing Firm for 90 days and direct staff to
submit an RFP for the City's Auditing Firm.
Lake Elmo
Agenda Section: ORGANIZATIONAL
No. 5H.,I.,J
City Council
January 3, 2006
Agenda Item: H. Cable Operator:Steven Press
I: IT:Next Genesis
J. Animal Control:Kathi Pelnar
Background Information for January 3, 2006:
H. Cable Operator: Steven Press
Staff recommends the re -appointment of Steven Press as the City's Part -Time Cable Operator.
M/S/ to approve the reappointment of Steven Press as the City's Part -Time cable -operator at $13.90 for
taping and broadcasting City meetings.
I. IT:Next Genesis
Staff recommends the re -appointment of Next Genesis as the City's computer service contractor.
M/S to approve he reappointment of the compute service contract between the City and Next Genesis
(Ryan Mansanz).
J. Animal Control:Kathi Pelnar
Kathi Pelnar has been serving as our Animal Control Officer for 2004 and 2005. Her contract is good until
December 3 l , 2005. At its December 20, 2005 meeting, the Council asked staff to go out for a Request for
Proposal for Animal Control Services.
Council direction requested.
Action Items:
Person responsible:
S. Lumby
Attachments
Contract with Steven Press
Time Allocated:
Contract with Next Genesis
INDEPENDENT CONTRACTOR AGREEMENT
BY AND BETWEEN
CITY OF LAKE ELMO
AND
STEVEN PRESS
1.0 PARTIES. THIS INDEPENDENT CONTRACTOR AGREEMENT (this
"Contract") is dated the 3rd day of January, 2006, and is made and
entered into by and between the CITY OF LAKE ELMO, a Minnesota
statutory city (the "City") and STEVEN PRESS ("Press").
2.0 CABLE EQUIPMENT. The City is the owner or lessee of certain cable
equipment described on Exhibit "A" attached and incorporated (the "Cable
Equipment").
3.0 SERVICES TO BE PROVIDED. The City cable casts its regular City
Council and Planning Commission meetings and on occasions, additional
meetings of the City Council and Planning Commission. Press agrees to
operate the cable Equipment in order to facilitate the cable cast of the
City's meetings.
4.0 FEES. The City agrees to pay Press the sum of $13.90 per hour and
agrees to guaranty a minimum of 4.0 hours per City Council, Planning
Commission or other City meeting, which is cable cast. Payments will be
made to Press within thirty (30) days of receipt of an invoice for such
services.
5.0 TERM AND TERMINATION OF CONTRACT. This Contract is effective
beginning the 3rd day of January, 2006, and shall remain in effect until it is
terminated. Either party may cancel this Contract upon thirty (30) days
written notice to the other.
6.0 INDEPENDENT CONTACTOR. Press agrees to act as an independent
contractor in the performance of his duties under this Contract.
Accordingly, Press shall be responsible for the payment of all taxes,
including federal, state and local taxes arise out of Press's activities in
accordance with this Contract, including by way of illustration, but not
limitation, federal and state income tax, social security tax, unemployment
insurance taxes and any other taxes or business license fees, as required.
7.0 ENTIRE AGREEMENT. This Contract represents the entire agreement
between the parties and is not subject to change or modification, except
by written agreement signed by both parties.
Dated:
Dated:
IN WITNESS WHEREOF, the parties have hereunto set their hands.
CITY OF LAKE ELMO
LA
Dean Johnston, Mayor
By:
Steven Press
INDEPENDENT CONTRACTOR AGREEMENT
BY AND BETWEEN
CITY OF LAKE ELMO
AND
NEXT GENESIS
1.0 PARTIES. THIS INDEPENDENT CONTRACTOR AGREEMENT (this
"Contract") is dated the 3rd day of January, 2006 and is made and entered into
by and between the CITY OF LAKE ELMO, a Minnesota statutory city (the "City")
and NEXT GENESIS.
2.0 COMPUTER EQUIPMENT. The City is the owner or lessee of certain computer
equipment described on Exhibit "A" attached and incorporated ("Computer
Equipment").
3.0 SERVICES TO PROVIDED. NEXT GENESIS agrees to provide maintenance
service for the Computer Equipment during the term of this Contract. The
maintenance service includes:
A. Regular preventive maintenance as required, but not less than once every
(3) Three Months.
B. Unscheduled service calls, as required; and
C. Repairs or replacement of maintenance parts as required to keep the
Computer Equipment in good working order.
4.0 EXCLUSIONS. The maintenance service provided in accordance with this
Contract shall not include:
A. Work external to the computer;
B. Service, repair or replacement of parts caused by the City's negligent,
accident, misuse or movement of the computer, including power failures,
environmental conditions or other causes not attributed to the Computer
Equipment itself;
C. Moving, modifying or attaching other devices to the Computer Equipment;
D. Replacement of consumable items, such as ribbons, paper, and disks;
E. Service required due to attachments of other devices to the Computer
Equipment; and
F. Service required due to the use of devices or materials which are not
suitable for use with the Computer Equipment.
5.0 CITY RESPONSIBILITIES. The City shall:
A. Provide a clean operating environment of suitable temperature and
humidity for the Computer Equipment;
B. Use only attachments and supplies which are compatible and suitable for
use with the Computer Equipment;
C. Notify NEXT GENESIS of any computer malfunction requiring service;
D. Allow NEXT GENESIS to have free and full access to the Computer
Equipment in order to provide service; and
E. Arrange to have a City representative present while the Computer
Equipment is being serviced.
6.0 FEES. The City agrees to pay NEXT GENESIS the sum of $75.00 per 1/Hour
services provided in this Contract. The payments will be made within thirty (30)
days of receipt of an invoice from NEXT GENESIS.
7.0 TIME FOR SERVICE. NEXT GENESIS agrees to provide service in accordance
with this Contract during normal working hours.
8.0 LIMITATION OF LIABILITY. NEXT GENESIS' liability shall be limited to
servicing the Computer Equipment in accordance with this Contract. NEXT
GENESIS will not be liable for any consequential or special damages.
9.0 INDEPENDENT CONTRACTOR, NEXT GENESIS shall act as an independent
contractor in the performance of his duties under this Contract. Accordingly,
NEXT GENESIS shall be responsible for payment of all taxes, including federal,
state and local taxes arising out of services rendered by NEXT GENESIS
pursuant to this Contract, including by way of illustration, but not limitation,
federal and state income tax, social security tax, unemployment insurance taxes
and any other taxes or business license fees as required.
10.0 TERM AND TERMINATION OF CONTRACT. This Contract is effective
beginning the 3rd day of January, 2006, and shall remain in effect until it is
terminated. Either party may cancel this Contract upon thirty (30) days written
notice to the other.
11.0 ENTIRE AGREEMENT. This Contract represents the entire agreement between
the parties and is not subject to change or modification, except by written
agreement signed by both parties.
Dated:
Dated:
IN WITNESS WHEREOF, the parties have hereunto set their hands.
CITY OF LAKE ELMO
En
Dean Johnston, Mayor
RYAN MASANZ, NEXT GENESIS
LIST OF COMPUTER EQUIPMENT
Lake Elmo
Agenda Section: ORGANIZATIONAL
No. 5K.
City Council
January 3, 2006
Agenda Item: Change Council Committees to Council Workshops
At the December 20"' meeting, the City Council authorized the City Administrator to change the Council
Committee structure to a Council Workshop to be held the second Tuesday of each month beginning at
6 pm. The motion failed to televise the monthly Council Workshops.
Attached for your review is a resolution rescinding the Council Committee meetings and establishing
Council Workshops.
Person responsible:
Action items:
Motion Second . To adopt Resolution No.
2006-006 Rescinding Resolution No. 2004-074 and Establishing
City Council Workshops.
Attachments:
Time Allocated:
Resolution No. 2006-006
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006-00 c�j
A RESOLUTION RESCINDING RESOLUTION 2004-074 AND
ESTABLISHING CITY COUNCIL WORKSHOPS
WHEREAS, at its December 20, 2005 meeting, the City Administrator
recommended that Council Committees be restructured and that the City Council meet at
a workshop on a regular basis.
WHEREAS, at its December 20, 2005 meeting, the City Council determined that
it would be in the public interest to conduct regularly scheduled Council Workshops
which would eliminate the necessity for the Public Health and Safety Council Committee
meetings; Public Works Council Committee meetings; and Finance, Legal, Legislative,
Personnel Council Committee meetings.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby establish
regularly scheduled Council Workshop meeting dates for the second Tuesday of each
month commencing at 6 p.m., as shown on the colored 2006 meeting calendar.
BE IT FURTHER RESOLVED, that Resolution No. 2004-074 Establishing City
Council Committees is hereby rescinded.
ADOPTED by the Lake Elmo City Council on the 3rd day of January, 2006.
Dean Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
Lake Elmo
Agenda Section: NEW BUSINESS
No. 6A.
City Council
January 3, 2006
Agenda Item: Employee and Volunteer Recognition Party
Background Information for January 3, 2006:
In 2004 and 2005 the Lake Elmo Jaycees designated funds for the City's Employee and Volunteer
Recognition Party. Per the Finance Director, funding sources have not yet been identified for a 2006 party.
The 2005 Recognition party was held at the Wildwood Lodge at an expense of approximately $5,000. The
City Attorney can advise the Council as to how City Funds can be used for these types of expenditures.
Staff is looking for direction this year. Does the Council wish to hold a recognition party or Council
members may have other suggestions.
Action Items:
Person responsible:
Motion , Second , to direct staff on how to
S. Lumby
proceed.
Attachments:
Chapter 10 of Handbook for Minnesota Cities
Time Allocated:
CHAPTER 10
38 U.S.C. §§ 4301 to 4333. The Uniformed Services Employment and Reemployment Rights Act
The USERRA is enforced by (USERRA) requires service members, reservists, and National Guard members
the Department ofLabor's
returning to civilian employment after a period of active duty be re-employed
Veterans' Employment and
in the same jobs or similar ones with the status, pay, and benefits they would
Training Service. Their web
page contains an interactive
have attained if the had never been absent for military service. The law also
Y arY
computer program developed
protects pension rights and health benefits
to acquaint employers,
veterans, reservists, and
National Guard members
with the rights protected by
the USERRA.
8. Employee recognition
A.G. Op. 59a-22, (Nov. 23,
Employee recognition programs are not authorized by statute. Cities can
1966).
expend money only for public purposes. Recognition dinners, awards, and
A.G. op. 107-A-3 (Jan.22,
other similar recognition of public employee service may go beyond the
1980).
general authority of cities to employ persons and fix compensation and may not
A.G. letter opinion to City of
be permitted. Cities should consult the city attorney or auditor before making
Champlin (Feb 6, 1999).
these types of expenditures.
See Aug, 1, 2002, LMC
In 2002, the Office of the State Auditor issued a report questioning various
memo Issues Related to osn
Report to City ofBrooktyn
spending Practices of the city of Brooklyn Park, including spending on
Park. Public purpose ofcity
employee recognition events. The League has historically taken the position
Expenditures,
that cities can sponsor and pay for employee recognition programs if they are
structured so that they constitute part of an overall employee compensation
program.
m�-
9. Service on state boards by employees
Minn. sort. § 15.0575, subd. Public employees may serve on state boards and councils, but they are
3'Prohibited from receiving any daily payment (per diem) for activities that occur
Minn. Stat. § 15.059, subd. 3. .during working hours for which they are compensated by the city. This
Minn, star. § 214,09, subd. includes service on any state licensing and examining board. A public
3(b). employee may receive the daily payment if the employee uses vacation time for
board activities.
B. Vacation and leaves
The law does not require cities to establish paid vacation or sick leave benefits.
HANDBOOK FOR Mimr=TA Cirms
This chapter last revised 12/15/2004
10-15
Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9A
City Council
January 3, 2006
Agenda Item: Comprehensive Plan Amendment - Trails Guide Plan
Background Information for January 3, 2006:
On December 12, 2005 the Planning Commission considered the revisions to the Trail Plan prepared by the
Park Commission an its consultant (Dated November 29, 2005) and adopted a Motion (7-2, Schneider and
Lyzenga opposed) to recommend adoption of the Plan as an element of the Lake Elmo Comprehensive Plan.
The Plan had first been presented to the Planning Commission and a Public Hearing conducted by the
Commission on July 11, 2005. Work by the Park Commission on the Plan was initiated in mid-2004
responsive to the 2004-2008 Capital Improvements Program, which included the Plan as a work item for
2004.
The two commissioners voting in opposition to the Trail Guide Plan were either opposed to City trails and
the Plan in general as being unnecessary; and/or, the Plan being too invasive on property rights -
particularly where the Plan suggests a need to convert some existing private (HOA) trails to public trails.
Consideration for adoption of this document as an official Comprehensive Plan element is respectfully
requested. A copy of the Plan was transmitted to the Council with the December 12 Planning Commission
agenda packet.
Person responsible:
Action items: .003
Motion to adopt Resolution 2006- adopting the November 29,
City jlnner--''
2005 "Comprehensive Trail Guide Plan" as recommended by the
Park Commission and the Planning Commission as an element of
the Lake Elmo Comprehensive Plan.
Attachments: .003
Time Allocated:
1. Draft Resolution 200k - Adopting Plan
2. Draft Planning Commission Minutes of December 12
3. Staff Memo of December 8, 2005
4. Park Commission Minutes of November 3, 2005
5. Public Hearing Record of July 11, 2005
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006-003
A RESOLUTION ADOPTING THE NOVEMBER 29, 2005
"COMPREHENSIVE TRAIL GUIDE PLAN"
WHEREAS, the Lake Elmo Parks Commission, following months of work with
its consultant (SEH), presented a proposed Trails System Plan to the Planning
Commmission as a Comprehensive Plan Amendment in July, 2005.
WHEREAS, at its July 11, 2005 meeting, the Planning Commission held a public
hearing on the proposed Plan Element and at the conclusion of the hearing tabled
consideration of the Plan Element pending a workshop with the Parks Commission on
August 9, 2005.
WHEREAS, following the Hearing and Workshop the Park Commission worked
with its consultant (SEH) to address issues raised and directed the consultant to
incorporate the modifications in the November 29, 2005, Plan Element.
WHEREAS, at its December 12, 2005 meeting, the Planning Commission
considered the revisions to the Trail Plan prepared by the Park Commission and its
consultant (dated November 29, 2005) and recommended adoption of the Plan as an
element of the Lake Elmo Comprehensive Plan.
WHEREAS, the November 29, 2005 "Comprehensive Trail Guide Plan" was
presented to the City Council on December 20, 2005 and January 3, 2006, as
recommended by the Park Commission and the Planning Commission as an element of
the Lake Elmo Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of
Lake Elmo does hereby approve and accept the November 29, 2005 "Comprehensive
Trail Guide Plan" as an element of the Lake Elmo Comprehensive Plan.
ADOPTED, by the Lake Elmo City Council on the 3rd day of January, 2006.
Dean Johnston, Mayor
Martin J. Rafferty, City Administrator
Resol Comp Trail Guide Plan
DRAFT
Comprehensive Plan Amendment: Comprehensive Trail Guide Plan
The Planner explained that the Trail Guide Plan presented is the result of changes recommended
by the Planning Commission during their joint workshop with the Parks Commission. The Plan
has been refined, legends on maps have been expanded, text has been expanded, and the result is
a plan that staff recommends be incorporated into the Comprehensive Plan for 2030.
The City Planner asked the Planning Commission to discuss what they have before them and add
any modifications, which will be brought forward to the City Council.
Commissioner Deziel asked if there was anything new on the trail going through the Lake Elmo
Park Reserve.
The City Planner responded that the County Parks Staff has seen this plan and the three trail
points at Klondike Avenue, 15a' Street, Keats Avenue will be permitted.
Commissioner Van Zandt stated the plan shows the trail going up Ideal Avenue and he didn't
feel it was wide enough to be safe.
Commissioner Schneider asked what sort of maintenance would be done by the City.
The Planner responded that an occassional resurfacing, and the day will come that the City
would make sure the weeds are controlled on the shoulders. He said the City anticipates plowing
some trails in the future and that the trails in the four new developments are being built to be
plowed. The City will have to purchase special equipment when we have to plow trails.
Commissioner Schneider asked, referring to Page 35, how will the City control people from
going from public trails to private trails.
The Planner said you clearly sign it, "Private Trail". This signage will not keep everyone out,
but it would deter most people.
Commissioner Fliflet asked if there is a timeline to connect all trails.
The Planner answered it will take some time, but it will be up to the Parks Commission to
develop priorities.
Commissioner Schneider asked how do you keep bikes out of Sunfish Park where the three trails
terminate.
Planner Dillerud said it has to be more than just a sign, but the Parks Commission, with the
assistance of Mike Bouthilet, will have to make a decision.
Commissioner Fliflet stated the trail users along 50`" Street N. would use an existing off -road
trail and then would have to use a proposed on -road trail in the new Old Village, and Lake Elmo
Avenue which passes the elementary school which has cars parked on the street often when there
are activities at the school. She would like to see more off -road trails there.
The Planner said the City will try to avoid too many transitions from trails and routes.
Lake Elmo Planning Commission Meeting Minutes of December 12, 2005
DRAFT
M/S/P Roth, Deziel Recommendation to the City Council with the suggestion that the City
consider fewer transitions from off -road to on -road trails where possible. Motion passed 6-1-
2:Scluieider:Abstain—Lyzenga, Ptacek.
Commissioner Schneider asked where was the goundswell support for this trail plan.
Variance Update: 1094132"d Street North
The applicants have reque ed that their application for a variance for the parcel located at 10941
32"d Street North be placedIlon hold."
M/S/P Deziel, Helwig To tale the Hutton application off the table, VOTE 9-0.
The City Planner explained th's concept is "on hold" and will not comply to the 60 day rule and
he recommended a motion to Aeny with findings consistant with staff report.
Commissioner Sedro asked
submit a specific request to
Commissioner Deziel agreed
showed up at the meeting.
M/S/P Deziel, Roth To recomme
stated in the staff report. VOTE:
the applicants would have to do differently. Planner answered
- the 60 day requirement.
on the vagueness of their letter and the applicants have not
denial of the Hutton variance request based on the .findings
Update: Comprehensive Plan S ecial Meeting Dec. 19, 2005
The Planner explained the necessi y for another Public Hearing for the Comprehensive Plan. He
said it was not his intent to open u discussion on the Comprehesnive Plan That hearing will
take place on December 19 at 6:0 p.m. until 7 p.m. because the Parks Commission has a
meeting at 7 p.m. The Planner haj ded out materials addressing the proposed amendments.
Planner Dillerud said he will draftla statement reference resolution and concept that does not
intend to be a penalty, we will m e every effort to comply with it.
Commissioner Sedro asked wheth r these different clauses behnd schedulee 2030 remain the
same populaiton and rees. The Ph er explained wifs are not negotiable. The Planner said if
we do not meet our fomula, we arc required to increase the density and this is what he does not
like. Dillerud said Lake Elmo is th first City to be required to do this.
Commissioner Sedro asked if the s hedule laid out,. severe enough, is it likely we would have
to accept developments we don't like. Dille answered he didn't think so. He said one
advantage we are a high demand cause we are so close to the core city. He said even if the
densities are higher, you can tell them to take a hike because there will be another better
development behind them.
Commissioner Deziel said 240 rec units a year is a steady pace.
Lake Elmo Planning Commission Meeting Minutes of December 12, 2005 -
MEMO
(December 8, 2005 for the Meeting of December 1.2, 2005)
To: Lake Elmo aiming Commission
From: u erud
Subject:Comprehensive Trail Guide Plan
The Lake Elmo Park Commission, following months of work with its consultant (SEH),
presented a proposed Trails System Plan to the Planning Commission as a
Comprehensive Plan Amendment in July, 2005. As required by State Statute the Planning
Commission conducted a Public Hearing on the proposed Plan Element on July 11, 2005.
At the conclusion of the Public Hearing the Planning Commission tabled consideration of
the Plan Element pending a Workshop with the Parks Commission. The Workshop was
held on August 9, 2005.
Following the Hearing and Workshop the Park Commission has worked with its
consultant to address many of the issues raised by the Public and the Planning
Commission. Beyond a collection of editorial modifications the Commission directed and
the consultant has accomplished the following modifications to the Plan Element Hearing
draft which are incorporated in the November 29, 2005 Plan Element draft enclosed
herewith:
1. The title of the document has been modified to "Comprehensive Trail Guide
Plan" (from "Trails System Master Plan"). The purpose of the modified document
name is to communicate that the document is not a "cast in stone" implementation
piece, but rather a guide subject to future details as to precise locations etc.
2. The section "What is a Comprehensive Trail Guide Plan?" (Page 4) has been
added for similar reasons as 01 above.
3. A section has been added clearly distinguishing "Route" from "Trail" (Page 17) ,
and the map legends have been modified to that end as well.
4. The Legion Lane route has been moved west to the Legion Avenue (extended)
center line and then east (as a trail) to connect with the existing Heritage corridor
in response to the issues raised by Legion Lane residents at the Hearing — and
elsewhere.
5. Trails through Sunfish Park have been eliminated. Designated trails do terminate
at the Park in three locations, but trail character changes at those entrance points
(no longer a paved trail) and bikes of any type remain prohibited within the park.
6. The earlier "Draft Trail Plan" maps remain in the Appendix section, but are
labeled in the Legends differently to (hopefully) distinguish them from the maps
in the Plan main body.
7. Expanded text addressing the Washington County Linear Park Plan and its
relationship to the Lake Elmo Comprehensive Trail Guide Plan and the Regional
Trail Corridor linking Big Marine and Lake Elmo Regional Parks has been added.
(Page 29)
Other modifications were made by the Park Commission from the July draft, but those
are the most significant.
On November 21, 2005 the Park Commission completed its review of the consultant's
Guide Plan modifications and unanimously adopted a Motion transmitting the Guide Plan
back to the Planning Commission for its recommendation to the City Council. I do not
believe any of the modifications to the Guide Plan are of a magnitude to cause the need
for another Public Hearing. I suggest the Commission send the Guide Plan to the City
Council with its recommendation for approval as a Comprehensive Plan Amendment.
r
DRAFT
Lake Di Park Commission
Minutes of the Special,iijleeting
November 3, 2005
Chairman Schumacher called the Special Parks Commission meeting to order at 6:00 PM. '
COMMISSIONERS PRESENT: Schumacher, Steele, Iierof£, Terry Bouthilet, Ratters, Larson,
Wagner, Ames, Bruchu, and. Nalipinsid. STAFF PRESENT: City Administrator Rafferty, Public
� Finance Director Tom
City
Planner l
VorksSuperinteenMieonCouncil Member Smith and. Trail Plan Consultant Glen
ALSO PRESENT: Mayor
VanWormer.
,Agenda
M/S/P Ames/Nalipinski to approve the Agenda as published, 9:
minutes
No prior meeting Minutes were presented for approval.
Trails System Guide Plan
Consultant VanWormer presented. the Commission a revised Plan draft incorporating the revisions
that had been previously directed by the Commission. The primary revisions included the following:
1. Elimination of a designated System trail though Sunfish Park.
2. Relocation of the Legion route luck from 20"' 30 Street to Street to center on Legion north
h
from 20111 to the vacant parcel north of 251b Street Nort.
3. Text and map legend clarification of the terms/symbols related to on -road and off -road trails.
4. Text additions related to accommodating the County and Metropolitan Council Regional
Trail route from Big Marina Park through Lake Elmo to the Lake Elmo Regional Park
Reserve.
ibing the purpose and function of a "Trails Guide Plan.
5. Additional text clearly descr
Several Commissioners noted that horses are now permitted at ceitain times of the year on all public
trails and in Sunfish Park. The consultant was advised by Commission consensus to modify Plan text
to so specify.
Commissioner Larson asked whether the Plan. provides enough means and flexibility to allow the
blic and private trails
City and neighborhoods to protect�vate trails signage acid szunilar means me is a mix of ight
safety be required o preserve
within the neighborhood. He suggested
safety and resident security in those instances.
Mr. VanWormer and the City Planner suggested that sufficient flexibility to address those concerns is
implied in the Plan such that detail matters of this nature can be addressed on a case -by -case basis in
the future.
Commissioner Steele observed that the words "should", "could", "would" and "wile' appear o be
used interchangeably in the Plan text. He suggested that the text should be carefully analyzed, to
assure the proper words are used based on the context of the subject matter addressed.
Cormnissioner Steele suggested a need to paginate the Appendix of the Plan.
earinin the Appendix still appeared to conflict
Administrator Rafferty observed thest the
tha maps as he undersood the pu po e of the Appendix maps, the
with the maps in the Plan. He sugg 1
Lake Elmo Parks Commission Workshop Minutes of November 3, 2005
APPROVED: 11121/05
labeling of those maps created confusion, He suggested that the Appendix maps be relabeled in a
manner that better distinguishes those maps from the final Plan maps. He suggested that removal of
the label strip along the bottom of the maps may solve the problem.
The City Planner also noted that the Land Use Map appearing in the Appendix is now out of date,
and the new (2030) Land Use Plan map should be. substituted.
Commissioners then advised Mr.VanWormer of some misspelled names and related editorial
corrections that are necessary in the Plan.
M/S/P Steele/Bouthilet to approve the Trails Plan modifications presented by the consultant; direct
the Trails Plan consultant and City Staff to complete the Plan modifications noted by the
Commission, and transmit the Plan back to the Planning Commission with the sum of those
modifications incorporated. VOTE: 9-0.
Mr. Van Wormer then addressed matters of Plan inside and outside Plan review and adoption by the
City together with the importance of establishing plan execution priorities.
The City Planner advised that once the Planning Commission has completed its review and
recommendation on the Plan in early December, the Park Commission's Plan and any Planning
Commission recommendations will be forwarded to the City Council for adoption as a legal element
of the City's Comprehensive Plan. Following the City Council's action, the Plan will be distributed
to the surrounding governmental units and the Metropolitan Council for comment, as required by
State Statute. Once the Metropolitan Council acts to allow the Plan to go into effect, it will become
an official part of the City's Comprehensive Plan.
2006-2010 Capital Improvement Program (CIP)
Public Works Superintendent M. Bouthilet presented the Commission the City Staff recommendation
regarding the 2006 — 2010 Capital Improvements Program for parks and trails. Finance Director Tom
Bouthilet, Administrator Rafferty, and the City Planner also provided the Commission information
regarding the purpose/function of a CIP and the Park Dedication Fund.
Anne Smith, speaking as a resident of the Carriage Station neighborhood, requested the Commission
assign a high and immediate priority on the improvements to the Carriage Station Park that have
been proposed by the neighborhood. She noted that Carriage Station is the home to a significant
population of children that do not have access to a full service neighborhood park without crossing a
major roadway.
Commissioners assured Ms. Smith that the Commission would duly consider the Carriage Station
Park improvement requests in the context of the capital improvement needs of the entire City park
system consistent with their City-wide park responsibilities.
It was the consensus of the Commission that Members should review CIP materials presented by
staff and the public, and be prepared to discuss the 2006-2010 Parks/Trails CIP — and complete
recommendations to the City Council — at the November 21, 2005 Park Commission meeting.
Seeing no further business before the Commission the Chair adjourned the meeting at 8:00 p.m.
Charles E. Dillerud
Acting Recording Secretary
Lake Elmo Parks Commission Workshop Minutes of November 3, 2005 2
AMEN i APPROVED: 07/25/05
City of Lake Elmo
.Planning Commission Meeting
Minutes of July 11, 2006
Chairman Hely ig called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m.
COMMISSIONERS PRESENT: Van Zandt, Lyzenga, Sedro, Roth, Schneider, Flifiet, and Armstrong
(7:04), Deziel (7:08). STAFF PRESENT: Administrator Rafferty, Planner Dillerud, Superintendent
Bouthilet, and Recording Secretary Schaffel. ALSO PRESENT: Mayor Johnston, Councilmembers
Johnson, Smith and Conlin (7:22).
Agenda
M/S/P, Sedro/Lyzenga, to accept the Agenda as presented. VOTE: 7:0.
Minutes
M/S/P, Sedro/Lyzenga, to accept the Minutes of June 27, 2005 as presented. VOTE: 7:0.
Commissioner Armstrong arrived at 7:04 p.m.
PUBLIC HEARING: Amend Comprehensive Plan —Trails System Plan
The Planner explained that the Planning Commission will review the Trails System Plan for two reasons:
staff did not know when the Comprehensive Plan hearing would. take place and the Parks Comnussion
spent over one year developing this plan. State Statute requires every Comprehensive Plan Amendment
must be heard by the Planning Commission. A Trails System Plan was done several years ago that was
not adopted. Numerous changes have occurred since then that have a bearing on the Trails System Plan.
The Trails Plan designates links of neighborhoods to destinations. The CIP has had funds for it but no
trails were planned. The general corridors have been sited within the Trails System Plan but the actual
locations will not be determined until those segments are selected for further consideration and/or
construction.
Superintendent Bouthilet said there were two changes to the trail alignments within the Trails Plan as
presented that include the segment from 20s' Street to 30a' Street along Legion so the trail would not go
through the Eden Park neighborhood instead will go up along the right-of-way when that area is
developed. Another trail link was removed from Sunfish Lake Park
Commissioner Deziel arrived at 7:08 p.m.
Commissioner Sedro asked whether the City removed those sections from the Trails Plan and would there
be a gap in the trail in those locations. She said that segment should not be on the plan because of bikes
going through anyway. She asked if the city is creating an enforcement issue by not including that
segment. The Superintendent said they just removed the graphics. The trails are already constructed. He
said there are accesses to Sunfish from the parking lot entrance, the trail from Tapestry, the trail from
Hamlet on Sunfish, and from the Public Works site. He said there is already an enforcement issue.
Parks Commissioner Larson said he had formatting and editing suggestions including that appendices
should be numbered. He suggested adding a paragraph he drafted to identify safety issues.
Commissioner Schneider.asked which map was most recent. The map dated April 18, 2005 is most
recent.
THE CHAIILMAN OPENED THE PUBLIC HEARING AT 7:21 P.M.
Linda Bernier
Ms. Bernier said that based on their comments, staff is not prepared for the meeting. Legion Avenue is
not even depicted as a trail on the map; Lisbon was a few months ago. Legion Park is an older,
Lake Elmo Planning Commission Meeting Minutes of July 11, 2005 1
AMENS - n APPi OVECD: 07125/66
established development that has no need for bike trails. Lake Elmo Avenue is wide enough and near _
enough for biking. She said she does not want the trail in a private neighborhood.
Scott Johnson
Mr. Johnson said he agrees with Ms. Bernier. He does not need or want a trail in their neighborhood, He
said the map does not even show where the trail is proposed,
Ann Bucheck, 2301 Legion avenue
Ms. Bucheck asked for an "off-street" versus "on -street" definition. She told the commission that a
petition was presented to the Parks Commission saying she and her neighbors did not want a trail in their
neighborhood. New neighborhoods pay for the trail system and expect to move in near one. She said it
should be a private trail system or the liability will be on the city. The consultant must not have walked
the land in her neighborhood because the east side has drainage ditches and on the west side are wetlands
and ultimately a pond. The trail should not go down 206 Street next to an archery range. The northern
portion drops off considerably. She said it is not a good place for a trail.
Rolf Larson
Parks Commissioner Larson explained that the Trails Plan is an open document not written in stone. It
night be 15 to 20 years to build it. The plan tries to connect destinations. This is very much a concept,
and in developed areas it will be agreeable to neighbors.
Linda Wagner
The Parks Commission looked at destinations and where residents wanted to go. Of all the destinations,
Sunfish should be a destination. It does not have to be a thoroughfare. That should be a consideration for
someone wanting to walls a dog or take a bike ride to have Sunfish as a destination. All the trails that are
in Lake Ehno are not yet on the map such as Reid Park and Sunfish Park, she said that those trails could
still be added.
Gay Van Pelt
Mrs. Van Pelt said her husband rides on his bike all over the City. She said trails on streets are not for
kids. Lake Elmo Avenue and Manning Avenue are nice for teens and adults. She said she does not want
trails to cut through established neighborhoods. She Iives on Lisbon. 5 homes on Legion have setbacks
of 35 feet or less. She asked if off -road means snowmobiles.
Joan Durand
Ms. Durand said she has a home on 20d` and Legion Avenue and'wants nobody on her property. She is
also concerned for liability.
Don Mattison, 2359 Legion
Mr. Mattison said they have a water problem in his neighborhood. They have always had a water
problem there. He does not want a trail 30+/- feet from his house.
Mary Kloetzke, 2415 Lisbon Avenue North
Ms. Kloetzke is concerned for traffic. She is against the trail in her neighborhood.
Susan Dunn, 11018 Upper 33rd Street
Mrs. Dunn said she is against having a paved trail in Sunfish Lake Park. There should be no thoroughfare
through Sunfish Lake Park. It should be preserved and protected from bikes and ATVs.
Dennis Kelly, 4233 Kindred Way
Mr. Kelly said there is a major flaw in the concept of the trail system. He said it is all local traffic in his
neighborhood. The trail system puts thoroughfares through people's neighborhoods. There should be
just a few arteries. Security is a concern for him.
Lake Elmo Planning Connnission Meeting Minutes of July 11, 2005
AMEN, APPROVED: 07/25/06
Tim Mandel, 2479 Lisbon Avenue
Mr. Mandel said he looked at some of the plans because nobody told him and his neighbors that there
were changes. Eden Park 1"Addition bad a petition they brought forth to the Parks Commission. He
said he would like the Planning Commission to make sure the trail segment in his neighborhood is deleted
from the plan by making a motion. He said the City residents keep fighting to keep it a rural community.
They did not move here for people to be walking through their yards, He said the City should have polled
neighborhoods. Oakdale has a sea of privacy fences due to their trail plan. Trails belong in parks. Trails
are public and we do not want the public in our backyard. This is not for Lake Elmo. 10 to 15 years ago,
people came to the City and said what they wanted for Lake Elmo. None of those things were done
except the welcome sign that was put in by the Jaycees.
Judith Blackford, 9765 45t" Street North
Ms. Blackford presented a letter (attached) to the Planning Commission, She said she was willing to
answer questions about the Parks Commission recommendation. She was a commissioner for seven years
in the past. She wants to preserve the jewel of the community —Sunfish Park She is concerned for all the
feeder trails into Sunfish Park.
Todd Williams, 3025 Lake (Elmo Avenue
He, said he understands the desire for a unified Trails Plan. He thoroughly endorses a walking trail.
connection from the Old Village to Lake Elmo Park Reserve. He emphasized walking only. The plan
should not include additional trails into existing neighborhoods. New neighborhoods would be great.
Existing streets can serve as walling and biking trails. No additional trails should be added. He said he
uses Sunfish Park all year. The City should restrict access to walking only from other neighborhoods.
There should be no paving in Sunfish Park,
Ann Bucheck, 2301 Legion Avenue
She said she found out about this meeting on Saturday. This trail system would be a major change to our
City.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 8:03 P.M.
Superintended Boutbilet explained that the segment on Legion Avenue would be on the road right of way
as the trail link
Conunissioner Roth said that he had a hard time identifying new off -road trails.
The Planner suggested that the Legend could have more specificity. He said the Trail System Plan is
more than the map on the wall. The trails are basically where they are because they are points of origin
and destination links. He said that is a very sound basis for a Trails Plan. LEPR are considering points of
entry once we have a Trails Plan. They are in the loop through this process. Washington County will
allow limited points of entry. One neighborhood does not want the trail at all no matter where it is. This
type of Trails Plan only gets done once every 10 to 20 years.
Chairman Helwig asked if it would be appropriate to have a combined workshop with Parks.
Administrator Rafferty said the Parks Commission worked very hard and with good rationale to formulate
the Trails Plan. There are not a lot of trails on specific streets. That is not what the work was about.
There is good science here and a good foundation for this plan. The Parks Commission suggested the
Planning Commission review it and give direction, it would be expensive to incorporate those changes
into the graphics immediately. All the changes should be made at once.
Commissioner Lyzenga thanked the Parks Commission. She said it is a wonderful plan for an urban
setting. She said residents in Lake Elmo do not need to be connected or have anyone in their backyard.
The Trails Plan is too ambitious and over the top. She said the City should have a limited system
connecting major thoroughfares to major destinations. There is no need for this plan; it is not appropriate.
Lake Elmo Planning Commission Meeting Minutes of July 11, 2005 3
AMEN. .. 'APPROVED: 07/25105
No need to spend money on it. OP neighborhoods put in trails to move kids to the neighbor's house.
This is not what the City wants or needs. She said too much time and money have already been put into
this Trails Plan, and we should stop before more is spent, and not put it into the Comprehensive Plan. We
do not need to do this now.
Commissioner Van Zandt said he disagreed, He said he got terribly excited about the Trails Plan because
gas is expensive, there are front porches again, and people are on bicycles again. The Trails Plan is for
people who live hereto use it. This is a plan for twenty years from now. He said we have serenity on the
lakes, and the beauty is here due to efforts by past Parks, Planning Commissions and'City Councils. He
said this plan helps to rebuild neighborhoods and it is a plan for the future. He said he lives on Hidden
Bay Trail, and he cannot ride a bike there. He has to drive his 14 year old to a safe bike trail before he
can ride his bicycle.
Commissioner Armstrong said our number one goal is to preserve privacy, He thanked Parks for a
comprehensive and thorough job. He said the Draft Plan scares him due to the level of detail. He said it
was not researched enough. The plan should incorporate existing on street routes only when in existing
neighborhoods. He said we should not be acquiring private trail systems in OP developments. He said it
is a bad idea to evaluate the off-street private tres.for implementation onto the Trails System. He said
the off -road frail depicted on 15a' Street and on Co, 13 would be an incredible waste of money. He asked
to Table the Trails System Plan for a joint meeting with the Parks Commission,
M/S/P, Ainistrong/Selmeider, To table the Trails System Plan. VOTE: 8:1
Commissioner Deziel said there is no plan at all for motorized vehicles on our trails. `
Commissioner Fliflet thinks a workshop is in order due to the money involved in preparing the drafts..
She asked the audience if they are still opposed to the changed trail in the Eden Park neighborhood.
Fliflet, money involved in preparing the drafts.
Chairman Helwig asked about handicapped access for these trails.
Commissioner Deziel asked about dead end points of some of the trails. He expressed concern for trails
on streets when high speed on our streets would be difficult to navigate safely.
Staff will bring the request for a joint workshop to the Parks Commission,
Section 620 Site Plan — Link Recreational, 9200 Hudson Boulevard
Kurt Dvorak
Mr. Dvorak submitted a new site plan and said the new plan defines the way the site will be used behind
the structures.. He said that drainage goes through rear of the lot and they will not disturb that land, and
that existing screening will remain.
Commissioner Schneider asked about access control.
Mr. Dvorak said there will be a swinging gate in the back. The sliding gate in the front area keeps the
general public from driving into the Service Area and protects boats in for service. There are a series of
gates that provide screening on the parking lot and again behind the buildings.. He said he will comply
with Watershed drainage issues and the lighting ordinance.
Chairman Holwig polled commissioners as to whether any additional recommendations would be required
beyond those that had previously been adopted by the Commission regarding this site plan. It appeared to
be the consensus of commissioners that no further Commission action was required.
The Chairman recessed for ten minutes and reconvened the meeting at 8:33 p.m.
Lake Elmo Planning Commission Meeting Minutes of July 11, 2005 4
Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9B
City Council
January 3, 2006
Agenda Item: 2030 Comprehensive Plan Amendments
Background Information for January 3.2006:
In September the City submitted its 2030 Comprehensive Plan to the Metropolitan Council as substantially
modified from earlier versions by the Memorandum of Agreement between the City and the Metropolitan
Council. A Public Hearing had been conducted by the Planning Commission regarding the modified Plan
and the City Council had adopted the Plan, subject to Metropolitan Council review and endorsement.
On September 28, 2005 the City received a letter from the Metropolitan Council staff requesting the City to
submit certain modifications and factual/technical corrections/amplifications to the Plan. The
factual/technical materials have been submitted (and do not require a Hearing) but the two significant
modifications to the Plan requested by the Metropolitan Council do require a new Hearing which was
Noticed for 6:00 PM to 7:00 PM, December 19, 2005. I have attached the referenced September letter from
the Metropolitan Council and the Hearing Draft of the two modifications that are to be considered at the
Hearing, as follow:
1. Replacement text for the second to last paragraph on Page 111-11 addressing future remedial actions
by the City responsive to Metropolitan Council Resolution #2005-20. (the METC Resolution is
attached to the September letter). That Resolution would then be included in the Appendix to the
Plan.
2. Text regarding the Village Area Plan, as prepared by the City's Village Area Plan consultant, that
would be inserted following Page 111-9 of the Plan.
Staff will report the Council as to the outcome (if any) of the December 19 Hearing and subsequent
Planning Commissions recommendations regarding those modifications. A Draft Resolution has been
attached that is structured presuming that the Commission recommends affirmatively on the modifications,
and the Council concurs.
Person responsible:
Action items: oo
i
Motion to adopt Resolution #200G - amending the 2030
City P r er
Comprehensive Plan regarding the Village Area, and regarding
City compliance with Metropolitan Council Resolution #2005-20.
Attachments:
Time Allocated:
1. Draft Resolution 200 6 — 0 0 q
2. Hearing Drafts
3. September, 2005 Metropolitan Council Letter to City
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006-004
A RESOLUTION AMENDING THE 2030 COMPREHENSIVE PLAN
WHEREAS, in September, 2005, the City of Lake Elmo submitted its 2030
Comprehensive Plan to the Metropolitan Council as substantially modified from earlier
versions by the Memorandum of Agreement between Lake Elmo and the Metropolitan
Council.
WHEREAS, at its August 8`h meeting, the Lake Elmo Planning Commission held
a public hearing regarding the modified Plan and the City Council had adopted the Plan,
subject to Metropolitan Council review and endorsement.
WHEREAS, on September 28, 2005, Lake Elmo received a letter from the
Metropolitan Council staff requesting the City to submit certain modifications and
factual/technical corrections/amplifications to the Plan.
WHEREAS, at its December 19`h meeting, the Planning Commission held a new
Hearing on the two modifications to the Plan.
WHEREAS, at its January 3, 2006 meeting, the Lake Elmo City Council
reviewed the two plan modifications as follows:
Replacement text for the second to last paragraph on Page 111-11
addressing future remedial actions by the City responsive to
Metropolitan Council Resolution No. 2005-20.
2. Text regarding the Village Area Plan, as prepared by the City's Village
Area Plan consultant, that would be inserted following Page 111-9 of
the Plan.
NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of
Lake Elmo does hereby approve amending the 2030 Comprehensive Plan regarding the
Village Area and regarding compliance with Metropolitan Council Resolution No. 2005-
20.
ADOPTED, by the Lake Elmo City Council on the 3rd day of January, 2006.
Dean Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
Should the periodic review reveal the City has not attained the projected population and
the projected use of REC units, the City will implement the remedial measures outlined
by Metropolitan Council Resolution 2005-20 in a manner which is proportional to the
shortfall. In no case, however, will the implementation of those remedial measures result
in year 2030 projections of sewered dwelling units, sewered employment, total dwelling
units or population in excess of those agreed to by the City and the Metropolitan Council
by the 2005 Memorandum of Understanding between the City and the metropolitan
Council.
4a
Lake Elmo Old Village Master Plan
Section One — Introduction
Background:
In the summer of 2005, the City of Lake Elmo retained a team led by Robert Engstrom
Companies to prepare a master plan to guide anticipated development in and around the
historic Old Village. Fresh from an agreement with the Metropolitan Council, the City
focused on the need to preserve the character of the Old Village as it prepared to accept
440 units of new housing, with a bonus system to allow an increase to 600 units. With
the extension of sanitary sewer into the Old Village as part of the agreement with Met
Council, it became apparent that the amount of land poised for new housing could — if
Improperly developed — dramatically alter the landscape of the Old Village, forever
compromising Its unique scale and charm.
The design team, which also included Jerry Mazzara of Design Forum and Bob Close
and Bruce Jacobson of Close Landscape Architecture, was charged with two areas of
focus —1) to prepare a physical plan with associated guidelines and 2) to provide a
strategy for determining the number of units that should be allotted to each land
owner/developer. This two -pronged approach, the City posited, could conceivably unite
developer and City interests, resulting in a development pattern that would relate to —
and strengthen — the community character.
IIfft7_N
Political Context:
The City of Lake Elmo, including the Council, Planning Commission, Parks Commission
and Staff, has maintained firm resolve about controlling new development in their
community. The directive that resulted from the Metropolitan Council's 2030 Regional
Development Framework, which projects an additional million residents in the seven
county area over the next two decades, was for each suburban community to shoulder a
portion of the development burden. Much of the focus in Lake Elmo was along the
Interstate 94 corridor, which borders the south edge of the City.
Following a period of disagreement about the amount and type of development the City
should accept and where it should occur, the Met Council and City reached accord. With
the political issues behind them, the City shifted Its focus to the important issue of how
development should behave to reinforce the qualities that make Lake Elmo a distinctive
village.
Phvsical Context:
Located east of downtown Saint Paul, Lake Elmo is a surprisingly rural community. Like
European towns, the edges of the (.Old Village are clearly defined; one can literally walk
into a cornfield from the outfield of the local ball diamond — a real -fife example from Field
of Dreams and a highly unusual model in the suburban metropolitan area. The town
includes a small historic Main Street — not glamorous but containing several lovely
buildings and an intimate scale.
Highway 5, also known as Stillwater Boulevard, is currently under state auspices and
runs east -west through the community, connecting to Stillwater to the east and Interstate
694 to the west. The highway has a rural section, with ditches, culverts and large
setbacks to buildings. Approximately 12,000 cars traverse the road a day, most coming
during the morning and evening rush hours. The City has expressed interest in having
the roadway turned over from the State to the City. There are no signalized intersections
or stop signs on Highway 5 in the Old Village, only stop signs from side streets. Crossing
during rush hours can be extremely difficult.
County Road 17, Lake Elmo Avenue, runs north -south through the heart of the Old
Village (it is the historic Main Street), linking north to Highway 36 and south to the 1-94
frontage road. The road jogs about a block to the east at Highway 5, which is both
confusing and — during rush hours — hard to negotiate.
County Road 15, Manning Trail, runs north -south on the east side of the Old Village,
connecting Stillwater Boulevard to 1-94. This is a preferred route for many commuters;
others choose to go through the Old Village to link up to 1-694.
Two significant lakes and associated parks contribute to the quality of life in the Old
Village: Lake Elmo and Lake Elmo Regional Park are located on the southwest side of
the community, and Sunfish Lake and Sunfish Lake Park are to the west; both are
beautiful amenities for community residents and other visitors.
The Lake Elmo airport is immediately east of Manning Trail. Primarily a recreational
facility, the flight paths may affect possible development sites on the east side of town.
Likewise, a stormwater management plan has been developed for the City, which
suggests the need for more aggressive treatment with wetlands or ponds. There may be
conflicts between the airport needs and stormwater requirements.
A number of new developments lie on the outskirts of the Old Village. In virtually all of
them, the City's OP zoning designation guided site design, so major portions of the
developments are retained as open space. Trails, existing and proposed, are planned to
connect to several of the neighborhoods
The Urban Design Framework
The proposed urban design frameworkbuilds on the existing strengths of Lake Elmo,
including a compact. assemblage of streets and blocks, a distinct edge, an historic main
street and good access to parks and open space. The plan extends these qualities to
likely new development to the east, north and west. in addition, it proposes engaging the
existing residential neighborhood to the south with the village core and new
neighborhoods.
Several key recommendations underpin the long-range framework plan:
• Turn Stillwater Boulevard from a State owned road to a City owned road and
change it from a rural to urban section through the Old Village. Bring new mixed -
use development to wide sidewalks to create a true "Main Street."
• Strengthen historic Main Street by preserving historic buildings, adding carefully
integrated and designed infill projects, and replacing or upgrading "soft"
properties.
• Create a perimeter lane at the edge of the Old Village to (ink existing and new
neighborhoods directly together.
• Create "gateway roundabouts" into the Old Village where the perimeter lane
intersects with Stillwater Boulevard, to provide a transition from the rural to the
urban section and calm traffic.
• Extend the existing pattern of streets and blocks to the perimeter pedestrian lane,
and develop guidelines for a compatible pattern and scale of streets and blocks
beyond.
• Establish safe, walkable connections from the historic core to the centers of each
new neighborhood.
• Use new civic or public buildings to anchor one end of the city/neighborhood
walking route; anchor the other end with a new neighborhood amenity (park,
water, etc.)
A series of possible initiatives, such as a new town hall, a combined Family Service
Center and YMCA and a new library would, if located strategically, provide a unique
opportunity to establish key connections between the core and new neighborhoods. By
placing these civic uses near the edge of the Old Village and linking them to new
neighborhood centers beyond on landscaped streets that extend from the existing block
pattern, the walkable character if the existing village would be enhanced and new
development would strongly echo the character of the historic core.
III-9A-5
The Diagrams and Initial Studies
The attached diagrams describe the evolution of the consultant team's thinking about
growth in the Old Village. The first pair of drawings show two approaches to locating new
civic uses: the first suggests that public buildings and/or spaces relate more strongly to
new neighborhood development, while the second shows a much more compact urban
structure, with new development reinforcing the existing core of the Old Village. This
second approach was the preferred direction.
The following diagram translates the preferred concept into a broader vision, depicting
how the combination of new public uses being located close to the core could be
augmented by a perimeter lane that would link new neighborhoods together, allowing
safe pedestrian and bicycle movement from one new neighborhood to another.
The Illustrative New Old Village Master Plan
The illustrative plan depicts the long-range vision for growth in the Old Village.
Section 3 — Plan Components
Overview
The Old Village Plan is broken into a series of `layers" that depict the plan componerits:
• districts and Land Use — this drawing reflects the overall organization of the
expanded core of the Old Village, identifying where new land uses — both single -
use and mixed -use — should be located to strengthen the character of. the
existing center.
• Green and Blue Layers — this drawing shows the location of the system of parks
and open space, both existing and proposed. In addition, it addresses the system
of water elements — existing lakes, proposed stormwater ponds or watercourses,
and features.
• Streets and Blocks — this graphic depicts recommendations for extending the
community fabric around the immediate core, suggesting how connections to
new neighborhoods are best achieved.
• Infrastructure
III-9A-7
Districts and Land Use
The plan recommends locating civic districts close to the center of the Old Village, to
provide equally good access form existing and developing portions of the community.
North of Stillwater Boulevard, the plan calls for a new City Hall and Library complex in
the Municipal District, fronted on the road by a symbolic "village Green" and on axis with
Lake Elmo Avenue as one approaches from the south. .
Abutting the Municipal District immediately to the west is the proposed Institutional
District, encompassing the existing school site with potential expansion room to the west
or north. The long-range realignment of Lake Elmo Avenue will allow western expansion
of this precinct.
To the east of the core, south of Stillwater Boulevard, the plan proposes a new
Family/Recreational District, which would include and new Service Center and YMCA.
Easily accessed from larger communities to the east, such as Stillwater and Oak Park
Heights, the suggested site would front onto Stillwater Boulevard and extend to the
south, connection to existing city parks.
The Historic District includes Lake Elmo Avenue south of Stillwater Boulevard and the
buildings in the immediate vicinity. A mix of uses and building types characterizes the
street, but with sensitive restoration and infiil strategies, it has the potential to become a
memorable urban space that would reinforce new mixed -use development along
Stillwater Boulevard.
Beyond the proposed civic districts are the proposed new neighborhoods, each with .a
focal point or neighborhood amenity that ties directly back into the Old Village via "green
streets" or other pedestrian and bicycle -friendly routes. While the new neighborhoods
will be developed privately, guidelines will promote a development pattern that strongly
recalls the scale and texture of the historic core.
➢11A.Z]
Green and Blue Lavers
Lake Elmo is blessed with an array of recreational opportunities, including Lake Elmo
Regional Park, Sunfish Lake Park and a system of trails that have been established with
the development of recent neighborhoods. The linkages between parks and public open
space remain tenuous, however, and the plan suggests a pedestrian "lane," either on
existing streets or in new alignments, that would link new perimeter neighborhoods with
existing neighborhoods, unifying the entire community.
This green system, then, includes both linkages and the spaces to which they connect,
such as existing parks in the core and proposed parks and passive open spaces within
new neighborhoods. Together, they will form an integrated system that recalls the
Minneapolis Park System on a smaller scale. Such a system allows all residents to have
easy access to the entire system and the ability to circumnavigate the community on a
linear green circuit.
A proposed greenbelt will surround the entire community, including new neighborhoods.
It will primarily be a passive space, clearly defining the edge of the village.and providing
a buffer to surrounding land uses. Trails should be allowed to penetrate the greenbelt,
linking to existing neighborhoods and their trail systems, such as those in The Fields of
St. Croix.
The blue layer refers to the network of water systems that is integrated into the
community. Lake Elmo's consultant has prepared a stormwater management plan for
the City, designed to handle overland flow and retention requirements. The Master Plan
recommends modifying the proposed plan to use the required ponding to create water
amenities that integrate with the green system, as opposed to isolating them.
There are possible issues related to the operation of the Lake Elmo Airport that may
affect the design of the retention ponds. Concerns about waterfowl interfering with the
coming and going of aircraft are a foremost concern of the Metropolitan Airports
Commission, who regulates the operation of the facility. The use of heavily planted or
urban, hard -edged shorelines — as opposed to lawns at the perimeter— are proven
strategies for discouraging waterfowl from inhabiting the ponds.
LII-9A-9
Streets and Blocks
Lake Elmo's Old Village is characterized by a very compact pattern of streets and blocks
north of the railroad; blocks measure approximately 300' from.centerline to centerline of
bordering streets on the east and west, with varying north -south dimensions. South of
the rail line, the blocks become less regular, located more organically in response to
landform and water bodies. Both north and south of the railroad, commercial, office and
residential buildings are modestly scaled and the general character is remarkably
intimate.
New developments on the outskirts of the Old Village vary in character, some having
very compact street systems and lot sizes, and others assuming a more traditional
suburban scale. In most cases, however, recent development has retained large areas
of common open space, a signature of the City.
The Old Village Master Plan recommends extending the compact fabric of streets and
blocks outward toward the new neighborhoods that are planned at its perimeter.
Through the use of development guidelines (see Section 4), the plan reinforces the
importance of retaining the unique qualities that make the Old Village unique.
III-9A-10
Infrastructure
Growth and revitalization require new and upgraded infrastructure, and Lake Elmo is
embarking on a process that will address the physical things that we see and the support
systems that we do not.
Sanitary sewer in and around the Old Village, heretofore accommodated through the use
of private septic systems, will now be served by a new extension of the regional sanitary
sewer system from the south into the Old Village. There will be more than adequate
capacity to accommodate the number of housing units proposed under the C4's
agreement with the Met Council.
Other utilities will also be upgraded as new housing development comes online. While
this plan does not address those issues with any specificity, it recognizes that these
systems will have to be in place to accept the demands of up to 600 new units of
housing in the "new" Old Village.
III-9A-11
Section 4 — Policy and Process
Overview
Without strong leadership and sound policy, the best of plans will be compromised.
Through a series of steps, the vision plan should be translated into policy, which
provides the "teeth" to ensure that the vision will be realized. This requires the political
will and leadership to translate design and development guidelines into zoning criteria,
which in turn will give the City the power to control their own destiny.
Ill-9A-12
Zoning Code / Overlav District
While there are numerous approaches to refining existing zoning codes to address areas
that will experience new growth or redevelopment, the process is often arduous. Lake
Elmo should consider a two -pronged strategy that could provide the City with the most
efficient means to an end.
The first aspect of this approach suggests that the Old Village is an entity that should not
be treated as a collection of disparate pieces but instead as a whole. Using this
assumption, the City could develop an overlay district that would have the flexibility to
allow changing uses within the district while preserving its scale and character. Like
Grand Avenue, where housing and retail sit side by side — and where housing
sometimes becomes retail in the same building (which is, by the way, also the case on
Lake Elmo's historic Main Street), it is the preservation of the whole that trumps the
single use considerations.
The second aspect of this approach directly addresses the urban form of the Old Village.
Often referred to as "form -based zoning,' this method of zoning speaks to the
architectural character of buildings and relationship to the public realm. An early
example is on the Toronto waterfront, where the City was far more concerned with how
buildings addressed the street, provided activity at grade, created plentiful fenestration
and so forth, than they were with the particular land use within the building.
Together, these strategies could provide the City with a simple means to reinforce the
character of the Old Village while remaining flexible to accommodate changes in the
marketplace.
III-9A-t 3
Development Guidelines
Architectural Guidelines
Public Realm Guidelines
Met Council Criteria
The City of Lake Elmo and the Met Council have had extensive dialogue about growth in
the community. The City has consistently placed high value on retaining the small-town
feel of the Old Village and determined.that new housing should relate to and reinforce its
character and scale. The City, an early proponent of clustering housing on smaller lots
and retaining half of developed land in permanent open space, has steadfastly opposed
more typical, large lot suburban expansion. The Met Council has not opposed this goal.
'While the Met Council has encouraged retail development along 1-94 at the south end of
the City, it has been flexible about letting the City determine where residential growth
should occur and how it should appear. The City is required, however, to submit to the
Council Its proposed growth strategy in and around the Old Village as part of its
Comprehensive Planning process.
LII-9A-14
Given the conflict between stormwater requirements, development rights and airport
needs, it appears that compromise will be a necessity, and that two possible approaches
should be explored:
• Resign a system that minimizes• surface water to discourage bird populations
• Store water in ponds that have hard edges or are heavily planted, making access
by waterfowl difficult or undesirable
III-9A-16
Watershed District Issues
As noted on previous pages, the City of Lake Elmo faces serious stormwater
management issues, which will be exacerbated with additional housing development.
Metropolftan Council
Building communities that work
September 26, 2005
Charles E. Dillerud, Plamier
City of Lake Elmo
3800 Laverne Avenue
Lake Elmo, MN 55042
SEP 2 91�5"d
RE: Response to Required Comprehensive Plan Modifications
City Of Lake Elmo Comprehensive Plan -Z030-
Metropolitan Council Review File No. 18608-1
Metropolitan Council District 12, Chris Georgacas
Dear Mr. Dilleiad:
The Metropolitan Council received your application for review of the City of Lake
Ebno's Comprehensive Plan. on September 6, 2005. This City-wide comprehensive plan
amendment is intended to address the comprehensive plan modifications required by the
Metropolitan Council in Resolution 2003-10, the terms of the 2005 Memorandum of
Understanding, and Metropolitan Council Resolution 2005-20.
Provision 3.(a) of Resolution 2005-20 states among other things that:
The City's plan update will not be "complete" for Metropolitan Council review
purposes until all adjacent governmental units and affected school districts have
either provided continents to the City or failed to provide any responses or cornents
to the City within sixty (60) days after the City submitted the plan to the adjacent
governmental nut or affected school district,
The information form accompanying the comprehensive plan amendment indicates that
copies of the plan were sent to adjacent local govermients on August 26, 2005. There
was no indication of whether affected school districts were sent copies at the same time.
The Council requests that the City confirm the date when copies of the comprehensive
plan amendment were sent to affected school districts.
While the Council cannot officially begin its review until adjacent local governments and
affected school districts have had an opporhulity to review and comment on the
amendment, the Council would like to begin a preliminary review dialogue with you. To
that end, the enclosure identifies plan components that were found to be incomplete
during an initial review of the application. While the 60-day adjacent jurisdiction review
is under way, the Council requests that the City provide the supplemental information
necessary to ensure the comprehensive plan amendment application is complete for
review.
w .metmwunctl.org Metm, Info Line 602-1,988
230 $ast T'Ifth Street - St. Paul, Minnesota 55101-1626 • (651) 602-1000 • Fax 602-1560 • =291-0904
- An Ggnni Opp.1ttadLL, Employer
Page 2
Charles E. Dillerud
September 26, 2005
If you need further clarification or guidance about the missing information, please feel
free to contact me or Bob Mazanec, Principal Reviewer -Sector. Representative.
ssistance Manager
cc: Chris Georgacas, Metropolitan Council District 12
Blair Treinere, Connnurity Development Director .
Marls Vander Schaaf, Planning and Growth Management Director
Bob Mazanec, Sector Representative -Principal Reviewer
Cheryl Olsen, Reviews Coordinator
VAREVIEWS\Communities\Lake Elmo%L.etters\Lake Elmo 2005 60day letter 050926.doe
Enclosure
Letter to Charles E. Dillerad
September 26, 2005
Initial review by Metropolitan Council staff finds that the City Of Lake Elmo Comprehensive
Plan -2030- amendment application is incomplete, Continued review of the plan amendment
will be dependent upon receipt of the following information:
Aviation
The comprehensive plan amendment application should include "The Village Land Use
Plan", including land use and development staging -timing maps, and the Village Area "Green
Belt" strategies and implementation measures should be defined as concerns airport
protection.
Although Lake Elmo Airport is not located within the City, Lake Elmo is within the airport
influence area where planning considerations for airport height and land use safety zoning,
aircraft noise compatibility, and infrastructure needs generally apply. In addition, the City is
within the region's general airspace that needs to be protected from potential obstructions to
air navigation. The surface water of Lake Elmo is designated as a permitted seaplane use
area under state rules.
Land use safety zones and airport height zoning deal with very discrete boundaries, both
horizontally and vertically. Thus, a well defined land use plan and use designation is a
necessary condition to determine aviation system compatibility. The Village Area plan and
the greenbelt in particular are not included or described in sufficient detail to make
determinations on system impacts and protection measures.
Sewage Treatment
The City Of Lake Elmo Comprehensive Plan. -2030- should indicate how many
individual sewage treatment systems (ISTS) operate within the City, modify the
Community Treatment System infonnation in Table 22 and Figure X to be internally
consistent, and incorporate an overview of the City's ISTS management program.
Adequate data is provided about collective ISTS systerrs but not about individual ISTS
systems. In particular, the number of individual systems is not included. Also, the ordinance
in the Appendix indicates that all systems must be pumped at least every two years but does
not provide information on the City's maintenance tracking system to insure necessary
maintenance is performed by homeowners. The City allows the siting of community
wastewater treatment systems that utilize wetland treatment technology, but Figure X and
Table 22 provide inconsistent data about the number of existing wetland systems.
Page 2
Enclosure
Letter to Charles E. Dillerud
September 26, 2005
Regional Parks
The comprehensive plan amendment is not complete for review until it includes the
Washington County Greenway Regional Trail on the "Existing Park and Recreation
Facilities" map.
Staff recognizes that the City is in the process of updating flie trails system plan component
of its comprehensive plan and that it is not complete at this time. However, the Existing Park
and Recreation. Facilities reap identifies the location of a regional trail in the far northwest
corner of the City, the Gateway State Trail. The Washington County Greenway Regional
Trail should be included as well.
The City state during the initial 2002 Metropolitan Council review of Lake Elmo's 2020
comprehensive plan update that the omission of this proposed regional trail in its plan map
was an oversight. At that time the City stated that it would change its map to show a
proposed north -south regional trail that would connect Big Marine Regional Park in the north
pail: of the county to Lake Eh -no Regional Park Reserve in the central part of the county to
Cottage Grove Ravine Regional Park in the south part of the county.
Land Use—Altemative Densities
The City Of Lake Elmo Comprehensive Plan -2030- amendment application should provide
two alternative sets of density ranges for residential land within the 2030 Metropolitan Urban
Service Area (MUSA) and reflect the other requirements of Metropolitan Council Resolution
2005-20, provision 3.(i). While the 2030 city plan indicates that in the event growth
expectations are not achieved the city will work cooperatively with the Council to devise a
remedial plan for the ensuing five years, the plan does not fully reflect the requirements of
provision 3.(i) of Metropolitan. Council Resolution 2005-20 (copy attached).
Land Use --Village Plan
To be complete for review, the land use element of the comprehensive plan amendment
application should include the Village Land Use Plan and Green Belt subarea plan. There are
numerous references in the city plan application to the effect that all development and
redevelopment within the Village Area and Green Belt shall be responsive to the adopted
Village Plan. Given the prominence of the Village Area in the City's comprehensive plan,
the City needs to include the Village Plan as a more detailed subarea comprehensive plan
element, or integrate more Village Plan details into the land use element.
The Council has not previously reviewed the Village Plan, and so the comprehensive plan
application needs to incorporate enough details to determine its conformance with regional
systems and consistency with Council policies. Not only is this necessary as noted in the
Page 3
Enclosure
Letter to Charles E. Dillerud
September 26, 2005,
aviation comments above, but the specifics of land use and development staging -timing in
the Village and Greenbelt areas are needed to fully evaluate implications for other metro
systems and how low- and moderate -cost housing opportunities will be provided.
Housirne
The City's plan as submitted needs revision and additional information to comply with
comprehensive plan requirements regarding low and moderate -income set forth in the Land
Planning Act. The city's plan states all the pre-2011 sewered growth will be in Old Village,
but it does not delineate any of the residential land uses that will be in place in the Old
Village for the balance of this decade. Because of this, the Council cannot fairly assess
Whether Lake Elmo is providing the opportunity for the development of new rental or
affordable owner -occupied housing through 2010.
The Land Planning Act (LPA) requires local governments to address at least two issues
regarding low and moderate -income housing needs in preparing their local comprehensive
plans. They must identify in their plan their share of the regional need for low and moderate -
income housing, and they must prepare an implementation section of the plan that identifies
how they will address this share of the regional need. The plan amendment does neither.
In employing the same housing goals methodology other communities used in preparing their
1995 comprehensive plan updates, the ! .`bunch exports LOce Elr'no to set g,gg1s cod lstentt
wt :t re hquslug enc 1 s idei}t had £or bt er urWnizriig coitn iumitias';n the 1*1bi ie`as
st St.
Paulslai3rlg'•s gto bb regions: T`lie plan would then identify a sufficient amount of
sewei`ed land guided for medium and high density development pre-2011 to accommodate
those goals.
The Council would expect to see Lake Elmo applying its goals to the new sewered units in
the cty's Old Village neighborhood, and thus, guiding land there at a density that could
facilitate opportunities for affordable units. The be4011xnar for Laic l is 9 e1Sp pd fo its
But the above -noted land use planning deficiency is only a part of the LPA's housing
implementation plan responsibilities. The law requires the identification of the programs and
fiscal devices the city will use or others may use within Lake Elmo to advance affordable
housing pre-2011. The potential role the Washington County HRA can play in helping Lake
Elmo work toward its share of the region's needs could be mentioned as could the various
programs and development assistance tools from the Minnesota Housing Finance Agency or
Page 4
Enclosure
Letter to Charles E. Dillerud .
September 26, 2005
the federal government such as the programs of HUD, tax-exempt revenue bonds, or low-
income housing tax credits.
Citywide Growth Forecast Comparisons
The only discrepancy in growth forecasts is 2020 employment. The city plan shows 2,650
employment, and the 2030 Regional Development Framework revised forecasts show 7,200.
Households
2010
2020
2030
MOU
na
na
na
Res.2005-20
3619
6324
8727
2030 RDF Rev.
3619
6324
8727
Lake Elmo Plan .
3619
6324
8727
Employment
2010
2020
2030
MOU
na
na
na
Res.2005-20
na
na
na
2030 RDF Rev,
2250
7200
14000
Lake Elmo Plan
2250
2650
14000
Population
2010
2020
2030
MOU
TBD
TBD
24000
Res.2005-20
9952
18403
24000
2030 RDF Rev.
9952
18403
24000
Lake Elmo Plan
9952
18403
24000
METROPOLITAN COUNCIL
Mears Park Centre, 230 EasfFifth Street • Saint Paul, Minnesota 55101
RESOLUTION NO.2005-20
GRANTING THE CITY OF LAKE ELMO'S REQUEST TO EXTEND THE TIME
WITHIN WHICH THE CITY MUST ADOPT A LOCAL COMPREHENSIVE PLAN
WITH REQUIRED MODIFICATIONS AND ATTACHING REASONABLE
REQUIREMENTS AND CONDITIONS TO THE EXTENSION
WHEREAS, in February 1997 the Metropolitan Council submitted to the City of Lake Elmo
a system statement that advised the City of the Metropolitan Council's recently adopted
policy planning documents and metropolitan system plans and identified population
projections and other plaiming elements the City should incorporate into its plan as the City
fulfilled its decennial review obligations under section 473.864 of the Metropolitan Land
Planning Act; and
WHEREAS, Minnesota Statutes section 473.864, subdivision 2 required all metropolitan -
area cities to review and, if necessary, amend. their entire comprehensive plans, fiscal devices
and official controls by December 31, 1998 to ensure local plans conformed with
metropolitan system plans and ensure fiscal devices and official controls did not conflict with
local comprehensive plans or permit activities that conflict with metropolitan system plans;
and
WHEREAS, the City's comprehensive plan update was submitted to the Metropolitan
Council on August 24, 2001 and its proposed plan update was deemed complete for
Metropolitan Council review purposes in February 2002; and
WHEREAS, at its September 11, 2002 regular meeting the Metropolitan Council found that
the City's proposed plan update may substantially depart from and may have a substantial
impact on metropolitan system plans; and
WHEREAS, pursuant to Minnesota Statutes section 473.866, the City requested a contested
case hearing on the Metropolitan Council's September 11, 2002 decision; and
WHEREAS, on March 13, 2003 the administrative law judge concluded the Metropolitan
Council has the statutory authority to require modifications to local comprehensive plans that
substantially depart from or have a substantial impact on metropolitan system plans and
reconnnended the Metropolitan Council require the City of Lake Elmo to modify its
comprehensive plan; and
WHEREAS, on April 9, 2003, the governing body of the Metropolitan Council adopted
Resolution No. 2003-10 and made its "final decision" with respect to modifications the
Metropolitan Council deemed necessary to ensure the City's proposed plan update did not
have a substantial impact on or contain a substantial departure from metropolitan system
plans; and
WHEREAS, the City appealed the Metropolitan Council's "final decision" to the Minnesota
Court of Appeals and ultimately the Minnesota Supreme Court; and
WHEREAS, on August 5, 2004 the Minnesota Supreme Court concluded the Metropolitan
Council has the statutory authority to require modifications to the City's proposed plan
update and affirmed the Metropolitan Council's "final decision," and judgment was entered
September 30, 2004; and
WHEREAS, Minnesota Statutes section 473.864, subdivision 1 requires local governmental
units to adopt comprehensive plans with required modifications within nine months
following a final decision, order, or judgment made pursuant to Minnesota Statutes section
473.866; and
WHEREAS, the Metropolitan Council preferred to engage the City in negotiating an
amicable resolution of the issues, rather than strictly imposing the modifications in
Resolution No. 2003-10 as authorized by the Supreme Court's order; and
WHEREAS, representatives of the City and the Metropolitan Council subsequently met to
discuss how the City might modify its proposed plan update to accommodate local and
regional issues that were the subject of Metropolitan Council Resolution No. 2003-10 and the
Supreme Court's decision; and
WHEREAS, on January 27, 2005 the Mayor of Lake Elmo and the Chair of the Metropolitan
Council signed a Memorandnrn of Understanding, subsequently ratified by their respective
governing bodies, that outlined certain criteria for guiding the City and the Metropolitan
Council as the City modified its proposed plan update to ensure conformity with metropolitan
system plans; and
WHEREAS, Paragraph 8 of the Memorandum of Understanding required the City to
complete its plan update modifications by April 15, 2005, submit its plan update to adjacent
communities by April 15, 2005, and submit its plan update with required modifications to the
Metropolitan Council on or before June 15, 2005 and prior to June 30 when the statutory
nine-nnonth plan modification period expired; and
WHEREAS, the City did not meet the April 15 and June 15 deadlines stated in the
Memorandum of Understanding and did not adopt a plan update with required modifications
by the statutory June 30, 2005 deadline; and
WHEREAS, Minnesota Statutes section 473.869 authorizes local governmental units to
request that the Metropolitan Council extend the time for fulfilling the requirements of
Minnesota Statutes sections 462.355, subdivision 4, 473.175, and 473.851 to 473,871; and
WHEREAS, local governmental units requesting an extension under Minnesota Statutes
section 473.869 must describe the activities previously undertaken by the local unit in
fulfillment of the pertinent planning statutes and explain the reasons necessitating and
justifying an extension request; and
WHEREAS, on June 27, 2005 the Lake Elmo City Council approved Resolution No. 2005
067 which describes activities the City has undertaken to prepare a modified plan update
pursuant to the January 27, 2005 Memorandum of Understanding and states, that it was riot
possible for the City to complete its amended comprehensive plan update with required
modifications within the statutory nine -month period; and
WHEREAS, the City states in Resolution No. 2005-067 that it requests the Metropolitan
Council to grant the City an extension from June 30, 2005 to August 31, 2005 for submittal of
its proposed plan update to adjacent governmental units and school districts, and an extension
from June 30, 2005 to September 30, 2005 for submittal of its updated comprehensive plan to
the Metropolitan Council; and
WHEREAS, pursuant to Minnesota Statutes section 473,869 the Metropolitan Council play
"in its discretion" grant by resolution a request for extension upon a finding of "exceptional
circmnstances or undue hardship" and "may attach reasonable requirements or conditions to
the extension'; and
WHEREAS, it is appropriate and necessary to attach certain conditions and requirements to
this time extension to ensure the Memorandum of Understanding is successfully
implemented over time and ensure costly regional infrastructure is used effectively and
efficiently; and
WHEREAS, Minnesota Statutes section 473.175, subdivision 3 authorizes the Metropolitan
Council to commence civil proceedings by appropriate legal action in district court to enforce
the provisions of the Metropolitan Land Planning Act if a local government does not adopt a
plan with modifications required pursuant to Minnesota Statutes section 473.866 within nine
months following a final decision, order, or judgment made pursuant to section 473.866; and
WHEREAS, further delay in adopting a plan update with required modifications will cause
additional inconveniences and costs, unnecessary expenditures of scarce public resources,
and uncertainty for residents of the City and the Metropolitan Council's planning processes
for its regional systems; and
WHEREAS, it will cost the Metropolitan Council additional time, resources and money if
the City does not adopt a plan update with required modifications within a reasonable period
of time and the Metropolitan Council must continence civil proceedings in the district court
to enforce the provisions of the Metropolitan Land Planning Act and the September 30, 2005
judgment in the Minnesota Supreme Court's August 2005 decision.
NOW THEREFORE, BE IT RESOLVED:
1. Pursuant to Minnesota Statutes section 473.869, the Metropolitan Council finds there are
exceptional circumstances and undue hardship in this case for the following reasons:
(a) Since the 1976 passage of the Metropolitan Land Planning Act, the Lake Elmo
matter is the first time a local governmental unit and the Metropolitan Council were
not able t6 resolve their differences over comprehensive planning matters through
discussion and negotiation. Both the City and the Metropolitan Council have found
it necessary to devote extra time, resources and effort to this unique plarming
process.
(b) The plan modifications required. of the City represent, in some cases, significant
changes from historical land use patterns and planning practices within the City.
(c) Making significant changes to historical land use patters and long-standing
planning practices sometimes can be politically difficult and time-consuming.
(d) Following the November 2004 city elections, three new members were elected to
the Lake Elmo City Council and a new mayor was elected.
2. Pursuant to Minnesota Statutes section 473.869, the Metropolitan Council finds that it is
appropriate to grant the City's request for an extension of the time within which the City
must adopt a plan update in accordance with the Metropolitan Laird Planning Act and the
Minnesota Supreme Court's decision, and consistent with the January 27, 2005
Memorandum of Understanding. Subject to the conditions set forth below, the City's
request for an extension is granted as follows:
(a) The City must complete its plan update as soon as possible and must submit the
proposed plan update to adjacent governmental units and affected school districts
no later than August 31, 2005; and
(b) The City must submit a plan update with required modifications to the Metropolitan
Council for review no'latuT than September 30, 2005.
(c) Within thirty (30) days after the Metropolitan Council takes action on the City's
plan update the City must finally adopt its plan update with modifications (if any)
required by the Metropolitan Council to ensure the plan update is consistent with
the Memorandum of Understanding, the requirements and conditions of this time
extension, and metropolitan system plans.
3. Pursuant to Minnesota Statutes section 473.869, the following reasonable requirements
and conditions are attached to the extension:
(a) The City's plan update will not be "complete" for Metropolitan Council review
purposes until all adjacent governmental units and affected school districts have
either provided comments to the City or failed to provide any responses or
comments to the City within sixty (60) days after the City submitted the plan to the
adjacent governmental unit or affected school district.
(b) The City's plan update must be consistent with the January 27, 2005 Memorandum
of Understanding for those items addressed in the Memorandum of Understanding.
For those matters that are not expressly addressed in the Memorandum of
Understanding, the plan update must be consistent with the Metropolitan Land
Planning Act and metropolitan system plans. The Metropolitan Council did not
waive any regional land use policies in its regional policy documents or
metropolitan system plans regarding land use planning, and the City must comply
with and prepare a plan update consistent with the metropolitan system plans.
(c) Pursuant to Minnesota Statutes section 473.865, subdivision 3, within nine (9)
months after the adoption of its modified plan update the City must amend all
official controls that conflict with its comprehensive plan to ensure City zoning
ordinances, subdivision controls, site plan regulations and other official controls
and fiscal devices do not conflict with the City's comprehensive plan or permit any
activity in conflict with metropolitan system plans. Pursuant to Minnesota Statutes
section 473.865, subdivision 1, the City must submit copies of the official controls
to the Metropolitan Council. within thirty (30) days following adoption.
(d) The City will actively participate in the Metropolitan Council's plat monitoring
program.
(e) If the City does not prepare and submit by September 30, 2005 a plan update
consistent with the Memorandum of Understanding and the requirements and
conditions attached to this time extension and if the Metropolitan Council
commences an enforcement action pursuant to Minnesota Statutes section 473.175,
subdivision 3 or other law, the City will pay the Metropolitan Council's costs and
expenses, including reasonable attorney fees, and will not contest a judicial action
by the Metropolitan Council to compel compliance.
(f) This time extension does not constitute a waiver of the Metropolitan Council's right
to commence civil proceedings under Minnesota Statutes section 473.175. If the
City does not prepare and adopt a plan update with required modifications
according to the time schedule stated in this extension, the Metropolitan Council
may consider the Memorandum of Understanding terminated and may seek to
compel compliance with the original plan modifications that were the subject of the
Minnesota Supreme Court's August 5, 2004 decision and September 30, 2004
judgment.
(g) The City naust stage its sewered development consistent with Metropolitan Council
policy requiring local governmental units to hook up to the regional wastewater
disposal system within two (2) years after regional wastewater service is made
available.
(h) The Metropolitan Council's commitments in the Memorandum of Understanding to
make regional sewer service available to the City via the WONE Interceptor
(December 2006) said the Cottage Grove Interceptor (Phase I; December 2007)
were based on the assumption that the City would submit its proposed plan update
by June 15, 2005. Accordingly, the schedules for providing regional sewer service
stated in the Memorandum of Understanding will be adjusted as follows to reflect
the time extension requested by the City: the Metropolitan Council will plan to
have regional sewer service available through the WONE Interceptor within
eighteen (18) months after the date the City finally adopts an updated plan
consistent with the Memorandum of Understanding and the conditions and
requirements of this extension; and will plan to have regional sewer service
available through the Cottage Grove Interceptor (Phase I) within thirty (30) months
after the date the City finally adopts an updated plan consistent with the
Memorandum of Understanding and the conditions and requirements of this
extension.
(i) The City's updated plan will provide that when the Count of Population and
Household data from the 2010 U.S. Census are available, and every five years
thereafter through, 2030, the Metropolitan Council will determine whether the
population, household and residential equivalent unit (REC) levels in the City meet
the City's commitments under the Memorandum of Understanding and reflected in
the City's adopted comprehensive plan. Those population, household and REC
levels are summarized in the following growth staging table and must be
incorporated as part of the City's updated plan submitted to the Metropolitan
Council for review by September 30, 2005, as well as the revised or updated plan
the City will submit to the Metropolitan Council in connection with the upcoming
decennial review under Minnesota Statutes section 473.864:
Households Population RECs*
2010 3,619 9,952 515 (allresidential)
2015 5,114 14,064 1,930 (1,650 residential, 280
employment)
2020 6,324 18,403 3,120 (2,500 residential, 620
employment)
2025 7,524 21,895 41310 (3,350 residential, 960
employment)
2030 8,727 24,000 5,500 (4,200 residential, 1,300
employment)
* Not counting Cimarron, existing Village, existing Eagles Point
The City's updated plan shall state and expressly provide actions required to
implement and complete the growth staging specified in the preceding growth
staging table shall be implemented automatically without the need for
comprehensive plan amendments.
For years ending in "0" the determination of households and population will be
based on U.S. Census data; for years ending in "5" this determination will be based
on official estimates by the Metropolitan Council. If the City's growth falls short
of its population commitments, the Metropolitan Council will notify the City
regarding the level of the shortfall and the additional housing units needed to make
up the shortfall.
The City's updated plan will clearly specify the remedial actions, approved by the
Metropolitan Council, that will be triggered if the City fails to meet its committed
growth in population or RECs. The plan shall provide that these remedies, once
triggered, shall be self-executing without the need for further City Council action
other than appropriate and necessary revisions to official controls. Remedies shall
include, but are not limited to, the following:
(i) Automatic adjustment of the growth staging table to reflect the growth of
households, population, and RECs needed to meet the population
commitments the City agreed to under the Memorandum of Understanding.
The adjusted growth staging table, upon approval of the Metropolitan
Council, shall be deemed to be immediately incorporated in the City's
comprehensive plan. This remedy includes appropriate and timely
modification of official controls, e.g., zoning and subdivision ordinances
which are consistent with the comprehensive plan, in accordance with state
law, to implement the comprehensive plan.
(it) If the City does not meet its population commitment in 2010, its household
commitments for 2015, 2020, 2025, and 2030 shall each be adjusted upward
by.an amount equal to the difference between the committed population and
the actual population in 2010, multiplied by 0.5. This process shall be
repeated. in 2015, 2020, 2025, and 2030. Housing units added under this
provision shall be added at an average density of at least 3 units per acre.
(i'ii) If the City does not meet its REC commitments in 2010, it shall pay to the
Metropolitan Council a, "wastewater inefficiency fee" (WIF) to help pay the
operation, maintenance, and capital costs of underutilized regional
wastewater infrastructure and the costs of providing regional sewer service
for development elsewhere in the region that would have occurred within, the
City. A determination will be made on the number of deficient RECs by
subtracting actual RECs from the committed RECs identified in the adopted
comprehensive plan. A WIF' shall be paid for every deficient REC and will
be due on the dates specified below:
WIF per Each
Time Frame
Deficient REC Payment Date
2007-2010
t
$2,600 January 31, 2011
2010-2015
$4,200 January 31, 2016
2015-2020
$5,200 January 31, 2021
2020-2025
$5,500 January 31, 2026
2025-2030
$5,700 January 31, 2031
If the City achieves the committed number of RECs after a WIF is assessed to the
City, a service availability charge (SAC)
credit will be granted for each deficient
REC for which a WIF was assessed.
The SAC credit will be granted at the end of
each five-year staging period.
In addition, the City's updated plan shall provide that all residential land within its
2030 Metropolitan Urban Service Area (MUSA) is guided at two alternative
density ranges. The first density range shall be of the City's choosing, provided
that: the minimum density is at Ieast three units per acre, consistent with density
standards in the metropolitan system plans; and, the totality of residential areas
intended for sewered development will accommodate at least 4,200 new residential
RECs. The second density range shall be equal to the first range plus at least three
additional units per acre. The first density range will be established until April 30,
2011. The Metropolitan Council will notify the City by February 15,
2011regarding the status of the City's REC commitment as of December 31, 2010.
If the City achieves its commitment for residential RECs as of December 31, 2010,
the first density range automatically will be reestablished in the City's
comprehensive plan until April 20, 2016. If the City does not achieve its
commitment for residential RECs as of December 31, 201.0, the City may designate
one acre for each REC the City is short, to be guided at the second alternative
density range. If the City does not act to designate acres to be reguided at the
second density range by April 30, 2011, the second density range automatically will
be established for all of the residential land in the 2010-2015 staging area of the
2030 MUSA. The same process will be repeated for 2015, 2020 and 2025, and
remedial action as described will be taken by April 30 of 2016, 2021 and 2026.
(j) The City must comply with the decennial review provisions of Minnesota Statutes
section 473.864, subdivision 2 and, after receiving a system statement from the
Metropolitan Council, must review and, as necessary, update its local
comprehensive plan no later than December 31, 2008. The plan update that is the
subject of this extension is not the decennial plan review and update the City must
complete by December 31, 2008 pursuant to Minnesota Statutes section 473.864,
subdivision 2.
(k) The City must plan for a total citywide population of 24,000 as outlined in the
Memorandurn of Understanding and land use planning to accommodate that total
population must be timely and consistent with density standards and other
provisions of the metropolitan system plans. The City may exercise its judgment
about where and how the 24,000 population will be accommodated within the City
consistent with the Memorandum of Understanding but the City's plan update must
reflect the City's obligation to produce and maintain an average residential density
of at least three (3) dwelling units per acre in all sewered areas of the City.
(1) The City must timely submit to the Metropolitan Council, as required by Minnesota
Statutes section 473.513, copies of applications for permits to alter or improve the
City's local sewer system as well as design data and location maps of the projects.
(m) The City must cooperatively work with the Metropolitan Council and adjacent
governmental units to plan for and implement regional sewer service to support
sewered development within the City.
(n) Conditions beyond the control of the City, such as a severe reduction in housing
construction in the region's Developing Communities, due to a protracted downturn
in the economy or a long -tern recession, may adversely affect the City's ability to
meet its population, household and REC conmutments. Accordingly, if the City
has been unable to meet its population, household, and REC cornnnitnents because
of adverse economic conditions, the City may petition the Metropolitan Council for
a modification of the growth staging components of the plan and the conditions and
requirements of this time extension if, after the end of a five-year staging period,
the following circumstance is verified: the City's production of population,
households and RECs, as a percentage of the population, household and REC
commitments stated in the growth staging table, equals or exceeds the region's
Developing Communities' production of population, households and RECs as a
percentage of the region's Developing Communities' forecasted population,
households and RECs. If the City's right to petition is triggered and the City
petitions the Metropolitan Council for modifications, the Metropolitan Council will
not unreasonably deny the petition.
4. This time extension is subject to the City's acceptance and compliance with all the
requirements and conditions stated in Paragraph 3. It is the Metropolitan Council's
expectation that the City's plan update submitted to the Metropolitan Council for review
will reflect these conditions and requirements.
5. Metropolitan Council staff will provide to the City appropriate and reasonable technical
and advisory assistance to help the City complete its plan update modifications and
review processes by August 31, 2005 and submit a modified plan update to the
Metropolitan Council on or before September 30, 2005.
6. The Metropolitan Council will work with the City in an effort to resolve these important
planning and metropolitan system issues in a cooperative and collaborative manner.
Adopted this 27rh day of July, 2005.
Peter Bell, Chair
LAKEELMOEXTENSIONRESOLUOON
Pat Curtiss, Recording Secretary
Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9C
City Council
January 3, 2006
Agenda Item: 2006-2010 Capital Improvements Program (CIP)
Background Information for January 3, 2006:
The Council first considered the 2006-2010 CIP as recommended by the staff and the Planning Commission
at the December 6 meeting. The matter was tabled on December 6 and referred to the Council Committees
for further review. The Finance, Legal et al Committee reviewed the questioned details of the CIP with staff
on December 13, and requested the matter be again placed on the City Council Agenda December 20.
The adoption 2006-2010 CIP adoption Resolution from the December 6 Agenda is again presented for
Council consideration.
Person respansible:
Action items: 005
Motion to adopt Resolution #200 �-. approving the 2006-2010
City Va 4
Capital Improvements Program
Attachments:
Time Allocated:
1. Draft Resolution #2006 OCS-
Approving the 2006-2010 CIP
CITY OF LADE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 2006-005
A RESOLUTION ADOPTING THE 2006-2010 CAPITAL
IMPROVEMENTS PROGRAM
WHEREAS, at its November 21, 2005 meeting, the Lake Elmo Planning
Commission held a public hearing on the draft 2006-2010 Capital Improvements
Program.
WHEREAS, the Planning Commission recommends adoption of the 2006-2010
Capital Improvements Program.
WHEREAS, the Lake Elmo City Council reviewed the draft 2006-2010 Capital
Improvements Program recommended by the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED, the Lake Elmo City Council approves
the 2006-2010 Capital Improvement Program as the planning guide to capital
expenditures.
ADOPTED, by the Lake Elmo City Council on the 3rd January, 2006.
Dean Johnston, Mayor
ATTEST:
Martin Rafferty, City Administrator
Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9D
City Council
January 3, 2006
Agenda Item: Metropolitan Council System Statement — Verbal Report
Background Information for January 3, 2006:
The Metropolitan Council Land Use Advisory Conu-nittee (LUAC) will conduct a Hearing concerning Lake
Elmo's appeal of our System Statement at 2:30 PM, Friday December 30. Jerry Filla and I will be attending
to present the City's positions. I have attached the written testimony that we were required to submit on
December 23 and December 27. We won't see the METC response until tomorrow (December 29).
While I don't expect any "on the spot" decision by LUAC (they have 30 days to decide what to recommend
to the METC Board — which then itself has 30 days to decide), I might have some observations as to the
flavor of the proceeding to share with the City Council.
Person res nsible•
Action items:
"'
None Required.
City Plif
Attachments:
Time Allocated:
1. LUAC Hearing Submission
2. LUAC Scheduling Letter
L
Y pF
LAKE.
ELMII
City of Lake Elmo 6511777.5510
3800 Laverne Averiue North / Lake Elmo, MN 55042
December 22, 2005
Ann Beckman
Metropolitan Council
230 East Fifth Street .
St. Paul, MN 55101-1626
Dear Ms. Beckman: Hand Delivered. December 22, 2005
RE: Hearing to Consider Amendments to Metropolitan System Statement
City of Lake EImo
Enclosed herewith please find the following documents in accordance with
December 16, 2005 letter to the City from Tony Pistilli, Chair of the Land Use Advisory
Committee:
1. Specific Proposed Amendments to the City of Lake Elmo System Statement
2. Prehearing Memorandum identifying the issues in dispute
3. Witness List
4. Exhibit List
The Lake Elmo City Council reviewed and endorsed submission of these documents
at its December 20, 2005 Regular City Council Meeting.
Sincerely yours,
Cit*9905�
f Lake EI
CC: Jerry Filla, City Attorney
4 printed on*recycled paper
Prehearing Memorandum
City of Lake Elmo
December 30, 2005 System Statement Hearing
Metropolitan Council Land Use Advisory Committee
The City of Lake Elmo respectfully submits this memorandum to the Metropolitan
Council Land Use Advisory Committee to identify the issues in dispute between the
Metropolitan Council and the City of Lake Elmo regarding the Lake Elmo System
Statement issued by the Metropolitan Council to the City of Lake Elmo on September 12,
2005. Those issues are addressed in brief by Lake Elmo City Council Resolution #2005-
119 (November 1, 2005) by which the City officially requested a Hearing regarding the
issues in dispute. The amendments to the Lake Elmo System Statement proposed by the
City to resolve the issues noted by that Resolution were communicated to Ms. Beckman,
and Mr. Nauen by a December 21, 2005 letter, a copy of which is attached as Exhibit 1.
The Lake Elmo Systems Statement urges the City to contact our sector representative
"...to review and discuss potential issues or concerns." Upon receipt by the City of the
System Statement on September 13, 2005, Lake Elmo City Planner promptly advised the
Metropolitan Council Sector Representative for Lake Elmo (Mr. Mazanec) that the City
would have an issue and concern with a portion the Planning Area designation in the text
of the System Statement, and the entire Map W-7 of the System Statement as both were
inconsistent with the terms and intent of the Memorandum of Understanding (MOU)
between the City and the Metropolitan Council dated January 27, 2005, and attached as
Exhibit 2. The Lake Elmo City Planner stated that the Comprehensive Plan Amendment
that was submitted to the Metropolitan Council by the City in early September, 2005
accurately reflects the MOU in all respects. That Plan includes mapping and text that
differs substantially from the Planning Area text and Map W-7 of the System Statement,
The Lake Elmo City Planner suggested to Mr. Mazanec that, at a minimum, the System
Statement process/time line should be suspended for Lake Elmo pending action by the
Metropolitan Council concurring with the City's Comprehensive Plan Amendment
responsive to the MOU since, at that point, the System Statement would be in need of
amendment as well to coincide with the MOU and the City's Plan.
On or about October 18, 2005 the Lake Elmo City Planner received a letter from
Metropolitan Council Local Planning Assistance Manager Phyllis Hanson confirming the
verbal discussion with Mr. Mazanec regarding the Lake Elmo System Statement, and
stating that, "We have concluded that no change to the system statement is warranted at
this time...". The Lake Elmo City Planner advised the Lake Elmo City Council of this
communication, resulting in Lake Elmo City Council Resolution 2005-119 requesting the
System Statement Hearing.
Issues in Dispute #1/#2
The issues of PIanning Area designation (tent and Map W-7 of the System Statement) are
directly related. The W-7 Map issue extends beyond simple Planning Area designation to
the geographic extent. ,
Page 2, Paragraphs 3 and 4 of the Lake Elmo System Statement (under the heading
"Geographic planning area") states that Lake Elmo is partially designated "developing
community" and partially as ."diversified rural". The City does not dispute designation of
a portion of the City (if, geographically, the correct portion) as "developing community".
The City does, however, dispute the System Statement text and Map W-7 designation of
the balance of the community as "diversified rural", and requests that area be instead
designated "rural residential" based on the following:
I. A "Community Role" listed in the Development Framework for "Diversified
Rural" planning areas is "Accommodate growth not to exceed forecasts at
clustered development not to exceed 1 unit per 10 acres.'* The majority of the
existing residential development in geographic areas of the City that will not
designated "Developing Community" is at a residential density in excess of I unit
per 10 acres; and new residential development over the past 10 years and into the
future in those geographic areas responsive to the City's innovative conservation
development ordinance ranges 3-4.5 units per 10 acres.
2. The MOU specifically states that "The City will determine the types of housing
and businesses to be developed...". The only exception to this statement in the
MOU is that regionally sewered housing (within the "Developing Community"
portion of the City) must be developed at not less than an average of 3 dwelling
units per'acre. The concept of "urban reserve" implied by the 1 unit per 10 acre
specification of the diversified rural planning area designation was mutually
understood by the parties to the MOU to not be applicable to the geographic areas
of Lake Elmo not within the developing community designation.
3. The initial sentence under the heading "Rural Area: Rural Residential Areas"
found on Page 25 of the 2030 Development Framework clearly best describes the
portion of Lake Elmo not designated "Developing Community":
"Rural Residential Areas are immediately adjacent to Developing Areas and
have large numbers of individual sewage treatment systems at densities of 2.5
acres or less." Over 6 lineal miles of Developing Community designation will
border areas of Lake Elmo not so designated by the City's pending
Comprehensive Plan. Within those non -Developing Community areas of the City
there are nearly 2,000 individual sewage treatment systems, many at densities of
2.5 acres or less.
Map W-7 of the Lake Elmo System Statement also designates a portion of the City
Diversified Rural,. which the City contends should be instead designated Rural
Residential for the reasons cited above. In addition, the geographic area of Lake Elmo
designated Developing Community does not correspond with the terms of the MOU and
the 2030 Water Resources System Plan as follows:
1. The 2030 Metropolitan Council Water Resources System Plan specifies that
regional sewer service will be provided to the City via the WONE Interceptor and
(the majority) by the Cottage Grove Interceptor. Both of those regional sewer
service entrance points to the City are located along the City's south border —
along Interstate 94. Map. W-7 of the Lake Elmo System Statement, by the
geographic location of the Developing Community map designation, clearly
assumes regional sewer service to enter the City via the Lake Elmo Interceptor at
the City's west border. The Lake Elmo Interceptor is not an element of the 2030
Metropolitan Council Water Resources System Plan as it once was. It is logical
for the City's Developing Area designation to be along its south border where the
regional sewer will enter the City rather than extending west across the City from
its west border where the Lake Elmo Interceptor will no longer provide regional
sewer service.
2. The MOU (Paragraph #3) specifically references "..urban (sewered) area south of
10a' Street.", and regional sewer service to the Cimarron neighborhood and the
Old Village Neighborhood (Paragraph #7). Both of those geographic areas are
located within the south/central area of the City, not the west portion of the City
where the Developing Community designation appears on Map W-7 of the
System Statement. The Developing Community designation for Lake Elmo
should be consistent with the map appearing as Exhibit 3.
Issue in Dispute #3
The Lake Elmo System Statement, on Page T-2, paragraph 5, and on Page T-3, paragraph
3 specifies transit facilities that Lake Elmo is expected to address in its Comprehensive
Plan including park -and -ride facilities for Metro Transit. The last sentence of the Page T-
3 paragraph states: "Demand for future park -and -ride spaces was identified in the Park -
and -Ride Facility Site Location. Plan in the area of I-94 and Keats.". The noted Facility
Plan was only prepared and adopted in 2005, but the Metro Transit focus on a facility at
Keats and I-94 extends back to 2003 and earlier. The City's concerns with the final
location of a park -and -ride in the Keats/1-94 area extend that far back in time as well.
A 2003 CMAQ application by Metro Transit proposed a 500 car park -and -ride in Lake
Elmo at the northeast corner of I-94 and Keats (between Hudson Blvd, service road and
the freeway off -ramp). That CMAQ application specified that the site was MnDOT
owned land (which it is), and therefore, would be available to Metro Transit at little or no
cost. The CIvIAQ application also stated that the City of Lake Elmo had been contacted
had indicated its "preliminary approval" of the park -and -ride plan, CMAQ application,
and site. There were two major problems with those statements by Metro Transit in its
CMAQ application documentation:
1. The park -and -ride site designated in the CMAQ application in Lake Elmo was
(and still is) 99% open water — a MnDOT surface water storage pond.
2. The City was not consulted in any manner prior to the submission of the CMAQ
application for the "Lake Elmo Park -and -Ride" to the WO (the Metropolitan
Council). Only after that submission did Metro Transit write the City a brief letter
seeking the City's support for the project and site.
On October 7, 2003 the Lake Elmo City Council directed the City Staff to communicate
the Council's objections to locating a Metro Transit Park -and -Ride at Keats/1-94. See
Exhibit 5 — the letter addressed to Metro Transit outlining the City's bases for objecting
to the Keats/1-94 park -and -ride site then proposed. As far as the City can determine,
Metro Transit did not either share that letter with the MPO (Metropolitan Council
Transportation Advisory Board, in this case) or include that letter (along with the letters
of support from the City of Minneapolis and City of Woodbury) in the CMAQ
application documentation.
On February 18, 2004 the Lake Elmo City Council directed its staff to submit a letter to
the Metropolitan Council Transportation Advisory Board (TAB) Programming
Committee again detailing Lake Elmo's objections to the Keats/1-94 park -and -ride site.
The Lake Elmo staff did so (see Exhibit 6 for the February 18, 2004 letter), and also
attended the February 18, 2004 TAB Programming Committee meeting. During that
Programming Committee meeting Nacho Diaz, Metro Transit General Manager, stated to
the Programming Committee that if Lake Elmo did not want the park -and -ride in its City,
Metro Transit would find another location.
The City understands that the Park -anal -Ride Facility Site Location Plan is considered to
be a component of the Transportation System Plan, and therefore the reasonableness of
the Park -and -Ride Plan can not be questioned by the City. The City notes, however, that
no alternative site (to the MnDOT "pond" site) has been identified, and many of the
objections by the City to locating such a facility at Keats/1-94 remain valid.
Witness List
City of Lake Elmo
December 30, 2005 System Statement Hearing
Metropolitan Council Land Use Advisory Committee
1. Charles E. Dillerad, City Planner/Assistant City Administrator, City of Lake Elmo
List of Exhibits
City of Lake Elmo
December 30, 2005 System Statement Hearing
Metropolitan Council Land Use Advisory Committee
1. Specified Proposed Amendments to the City of Lake Elmo System Statement.
2. Memorandum of Understanding between the City of Lake Elmo and the
Metropolitan Council dated January 27, 2005.
3. Regionally Sewered Area Map for Lake Elmo (Lake Elmo 2030 Comprehensive
Plan).
4. System Statement Map W-7, with location of the former "Lake Elmo Interceptor"
noted.
5. City of Lake Elmo letter to Metro Transit dated October 8, 2003.
6. City of Lake Elmo letter to the Metropolitan Council Transportation Advisory
Board Programming Committee of February 18, 2004.
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Snecifled Proposed Amendments to the City of Lake Elmo System Statement
1. Substitute the term "rural residential" for the term "diversified rural" wherever in the
Lake Elmo System Statement the term "diversified rural' now appears.
2. Amend Page 2, Paragraph 4 of the City of Lake Elmo System Statement to delete all,
and substitute the following:
"Rural residential areas are immediately adjacent to developing areas and have large
numbers of individual sewage treatment systems at densities of one dwelling unit per
2.5acres or less. Rural residential areas face challenges in making the transition from
rural unsewered development to sewmed development."
3. Amend Map W-7 of the Lake Elmo System Statement to:
a. Designate only areas south of lot' Street North, and the defined Old Village
area as "Developing Area"
b. Designate the balance of the City as "Rural Residential"
4. Amend Page T-3, paragraph 3 of the Lake Elmo System Statement to delete the
fourth sentence; and delete any other references to the "Lake Elmo Park and Ride"
that may appear in the System Statement.
MEMORANDUM OF UNDERSTANDING
Lace Elmo / Metropolitan -Council
Outline of criteria to be considered in preparation of City Comprehensive PIan
The following criteria were developed as the result of discussions among representatives of tlae City
of Lake Elmo ("City") and the Metropolitan Council ("Council'). These criteria are intended to
provide guidance to the City and to the Met Council as Lake Elmo modifies its local comprellensive
plan to ensure conformity with metropolitan system plans as required by state law.
1. The City of Lake Elmo will commit to 6;500 new Residential Equivalent Units ("RECs") of
Regional Sewer service by the year 2030, The City will commit to a city-wide population of
24,000 by the year 2030. Performance measures for this agreement will be total population and
total utilized RECs in Lake Ehno.
Note: The term "REC" shall be defined in Lake Elmo as one residential connection and/or the
equivalent of 10 employees for new business operations.
2. The City will implement the population, employment, and RECs in the following manner.
Year
2000
2010
2020
203.0
Population
6,863
TBD
TBD
24,000
Residential RECs
0
TBD
TBD
5,200
Employment RECs
100
TBD
TBD
1.,400
Total RECs
100
TBD
TBD
6,600
3. The City will determine the types of housing and businesses to be developed and will meet or
exceed an average residential density of 3 units per acre or a non-residential density of 40
employees per acre in urbat (sewered) areas u1 the area south of 10a Street.
4. The City will plan for 1,300 new RECs (20% of 6,500) to be used for sewered employment.
The City will plan for Regional Sewer service to be provided in the southwest corner of Lake
Ehno via the WANE Interceptor, and at Lake Ehno Avenue via the Cottage Grove Interceptor.
Sewer capacity will be provided to meet the needs as specified in paragraph 2. It is anticipated
at this time that design flows for the Regional Sewer service provided to the City will be made
available as follows:
To WANE Interceptor - Metro Plant
(estimated construction completion: Dec. 2006)
To Cottage Grove Interceptor - Eagles Point Plant
Phase I (estimated construction completion: Dec. 2007)
Phase II (estimated construction completion: Dec. 2010)
Total
RECs MGDT
1,825 0.50
1,825
0.50
4,675
1.28
8;325
2.28
Page I of 2 Pages
6. The City of Lake Elmo will achieve a city-wide population of 24,000 by 2030. All population
will be counted. Lake Elmo will use 6,600 RECs by 2030. All RECs used will be counted.
7. Should the City determine to extend Regional Sewer service to the existing Cimarron
manufactured housing neighborhood (500 RECs), existing Old Village housing (up to 500
RECs), and/or new Old Village housing (up to 500 RECs), all utilized RECs shall be counted
toward the expected community totals, Up to 1,000 RECs may be used in the Old.Village area
of Lake Elmo. It is understood that the average density of the aforementioned Old Village units
shall be at least 3 units per acre.
8, The City will complete its required plan modifications by April 15, 2005 and submit its plan to
adjacent communities for review by that time. This will allow time for the City to complete its
local planning and review processes and submit its required plan modifications to the Council
on for before June 15, 2005 and prior to the expiration of the nine -month plan modification
period specified in state law.
9. The City's comprehensive plan shall be flexible enough to allow for possible limited post 2030
development, redevelopment, or environmental mitigation utilizing any Regional Sewer
capacity (see paragraph 5) that may remain. post 2030.
10. The signatories will present and recommend these guidelines to their respective governing
bodies for consideration with the understanding that: (a) the adoption of a modified
comprehensive plan ultimately is the responsibility of the full Lake. Elmo City Council; and (b)
the full governing body of the Metropolitan Council ultimately is responsible for reviewing the
plan submitted by the City and determining whether the modified comprehensive plan conforms
with metropolitan system plans.
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Date: �Q /� 2:
1/27/2005 3:02 PM
Page 2 of 2 Pages
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October 8, 2003
Scott Thompson
Senior Transit Planner
Metro Transit
560 Sixth Avenue North
Minneapolis, MN 55411-4398
Dear Mr. Thompson:
RE: CMAQ Grant Application
Your Letter of September 23, 2003
Last evening (October 7) I presented your draft "Letter of Support" for the
CMAQ application involving a park/ride and related activities at the intersection of
CSAH 19 and 1-94 in Lake Elmo to the Lake Elmo City Council. Following a discussion
of the proposed letter, the Council unanimously directed me to advise Metro Transit that
they could not, at this time, approve such a letter of support.
The concern of the City Council for such a facility at that location appears to be
twofold:
1. It could result in traffic generation at the CSAH 19/1-94 interchange and frontage
roads that will lead to the need for roadway and traffic control improvements at
the interchange. The north frontage road to I-94 (Hudson Blvd.) has recently been
turned back to the City by MnDOT, and therefore, a portion of the cost of the
roadway/traffic control modifications required to adequately service this park/ride
facility would become City capital expense.
2. The City Council is concerned that such a facility at this location will function as
a magnet for development of the presently undeveloped surrounding lands in
Lake Elmo for uses and at development intensities inconsistent with the City's
adopted Comprehensive Plan.
Should you have questions regarding what I have here communicated to you, or wish
to address this matter further, pleased feel free to contact me at (651) 777-5510.
Sincerely yours,
City of Lake Elmo
Charles E. Dillerud
Acting City Administrator
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February 18, 2004
Chair and Members
TAB Programming Committee
Metropolitan Council
Mears Park Center
St. Paul, MN
Dear TAB Programming Committee Members:
RE: CMAQ/STP Funding Application #CM-11-03
I-94 East Park & Ride Lot
At its Regular Meeting February 18, 2004 the Lake Elmo City Council directed
the Acting City Administrator to attend the February 18, 2004 TAB Programming
Committee meeting to advise the Committee regarding the inaccurate representations of
fact made in the subject funding application; the total lack of coordination between the
applicant and the proposed host city (Lake Elmo); and, the City's basis for objecting to
the project proposed by Metro Transit for CMAQ funding.
Inaccurate Application Representations
1. Page 2 of the application, under the heading "Type of Work" fails to identify site
acquisition as a project component. We can only assume that this relates to
numbered paragraph # 2 on Page 16 of the application where the applicant states
that ,"...there is verbal consensus to permit Metro Transit to use Mn/DOT right of
way at the park and ride site." We take this to say that a site will be provided to
Metro Transit by Mn/DOT at no cost. Please note that the only Mn/DOT right of
way at the subject intersection in Lake Elmo of a size sufficient to accommodate a
park & ride project of the proposed scale is a storm water holding pond. Any
other site that would be substituted at this interchange location (either in Lake
Elmo or Woodbury) would be commercially zoned, and valued by the present
owner in excess of $150,000 per acre. Land acquisition will be a component of
this project, if the project is constructed at this interchange location. How would
this added project expense impact "cost effectiveness" reported by the applicant
for emissions and congestion reduction — and resultant project ranking score?
2. Page 5 of the application (Paragraph #6) addresses coordination of the application
with "affected communities". While the stated definition of such coordination is
decidedly lacking in 'substance, we can not find the required "copy of the written
communication as a proof of coordination" in the application appendix related to
either Lake Elmo or Washington County — the two most affected communities. In
fact, the required communication was sent to Lake Elmo by the applicant on
September 23, 2003 - a month after the application was submitted to the TAB
(August 25, 2003). No communication whatever tools place with Lake Elmo prior
to the August 25 date that the application was submitted to TAB. We note,
however, that communications to MnDOT, Woodbury and Minneapolis TMO
from Metro Transit regarding the project — and endorsing responses from those
agencies - are all dated well before the application was submitted — July, 2003.
3. Even though Lake Elmo promptly responded to the September 23, 2003
communication from Metro Transit regarding the project, we see no evidence that
this October 8, 2003 letter from the City raising objections to the project is
included in the application Appendix AA, as are the letters from Woodbury,
MnDOT,.and Minneapolis TMO.
4. On Page 16 of the application, Response Paragraph #3 states that "Preliminary
discussions have been held with City of Lake Elmo staff regarding the site." That
statement is simply not true. No discussions have been held with City of Lake
Elmo staff regarding the site — ever. Had there been such discussions in advance
of the application, the siting issue noted in #1 above would have been discovered.
5. On Page 16 of the application the "Approvals needed to implement of the project'
are reported by the applicant. There is no reference here to the access permits that
would likely be required to City and County Streets, nor the
Planning/ZoningBuildirig permits that would be required to be obtained from the
City.
Coordination/Communications Between Lake Elmo and Metro Transit
In addition the applicant/host community (Lake Elmo) communication issues noted
above, on January 23, 2004 Lake Elmo sent a letter to Kevin Roggenbuck at the
Metropolitan Council noting some of the issues addressed here, and requesting inclusion
of that letter and the October 8, 2003 letter from Lake Elmo in the application
documentation being reviewed and ranked by TAC/TAB. We requested that Mr.
Roggenbuck advise Lake Elmo as to whether it was his intent to do so. As of today
(February 18, 2004) we have not had any response to our January 23 letter from Metro
Transit or Mr. Roggenbuck.
Lake Elmo Basis for Objection to the Project — As Proposed
The City of Lake Elmo — by its City Council — offers the following considerations in
support of its objections to the proposed siting of the I-94 East Park & Ride in Lake
Elmo:
1. Should use of Mn/DOT right of way as the park and ride site be found to be
physically impossible — as it appears to be — any other location in Lake Elmo will
result in "office" zoned and/or guided private property being purchased for the
site. Such a purchase by Metro Transit will remove both the land and the resulting
land development from the "Tax Capacity" of Lake Elmo — a significant financial
loss to a City that will extend forever.
2. If the facility is located at the proposed interchange — and in Lake Elmo — Hudson
Blvd. (the north service road to 1-94) will see an immediate and significant
increase in traffic volume. Since Hudson Blvd. was "turned back" by MnDOT to
the City recently, all of the accelerated road maintenance expense that result from
park and ride customers will fall to the City, either as a drain to the City's MSA
maintenance allocation, or directly to City taxpayers.
3. Once a park and ride is operational at this location in Lake Elmo (and maybe even
if it is relocated to Woodbury), the intersection of Hudson Blvd. and Keats
Avenue will experience a huge increase in week -day peak hour traffic. There is
little question that this intersection will approach warrants for signalization
rapidly — if not by traffic count, then certainly by accident incidence. Two "legs"
of that signalization would become City financial responsibility (and the other
two legs would be Washington County) — a certain 6 figure financial issue for the
City (and County).
4. The Lake Elmo Comprehensive Plan (never mentioned in the CMAQ application
— but Woodbury's Plan surely is) does not contemplate a high concentration of
high density residential or commercial use in this area of the City. The park and
ride proposed would certainly act as a magnet for such use, and result in pressure
to modify the Lake Elmo Plan — perhaps that is the entire strategy for this site at
Metropolitan Council.
The City of Lake Elmo respectfully requests the TAB to disqualify the I-94 East Park and
Ride application from this round of CMAQ funding, based not only on the objections of
the City; but also based on the irregularities we have pointed out in both the
representations of the Metro Transit application, and the flawed local affected community
coordination process by Metro Transit. Lake Elmo most certainly is not opposed to the
park and ride concept — particularly with the alternative fuel buses here contemplated.
We do, however, object to the siting of the facility in Lake Elmo for the reasons here
stated. Since Woodbury appears from the application to be the primary benefactor of this
facility, the facility should be located in that community.
Sincerely yours,
City of Lake Elmo
Charles E. Dillerud
Acting City Administrator/City Planner
CC: Mayor & Council
Rick Arnebeck
Mark Matuska
Representative Eric Lipman
Senator Brian LeClaire
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December 16, 2005
Mr. Martin Rafferty
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
RE: Request for Hearing to Consider Amendments to Metropolitan System Statement
Dear Mr. Rafferty:
Pursuant to M.S. § 473.857, Subd. 1, the City of Lance Elmo ("the City") has requested a
hearing to consider amendments to the Metropolitan System Statement.' This is to inform you
that the hearing in this matter will be conducted Friday, December 30, 2005, at 2:30 p.m. The
hearing will be conducted by the Metropolitan Council Land Use Advisory Committee
("LUAC"), chaired by the undersigned.
The following sets out the schedule, procedures and other information for the upcoming
public hearing:
1. On or before December 23, 2005, the City shall submit to LUAC, by providing
copies to Ann Beckman and Charles N. Nation, attorney for LUAC, "specified proposed
amendments to the System Statement," as required by M.S. § 473.857,
2. On or before December 27, 2005, the City shall deliver to LUAC (with a copy to
Metropolitan Council), by providing copies to Ms. Beckman and Mr. Nauen, (1) a Prehearing
Memorandum identifying the issues in dispute, (2) a Witness List, (3) a list of all interested
persons you are aware of who may wish to testify, and (4) an Exhibit List. Please inform us if
you do not intend to call witnesses at the hearing.
1 A total of five municipalities have requested hearings. They are: City of Carver, Town of
Hassan, City of Hugo, City of Lance Elmo and City of Shorewood.
w .metrocouncfl.org [Metro Info Line 602-1888
230 East Fifth Sheet St. Paul, Minnesota 55101-1626 • (651) 602-1000 Fax 602-1550 • TTY 291-0904
An Equal Opportunity Employer
City of Lake Elmo
RE: Metropolitan System Statement
December 16, 2005
Page 2
3. On or before December 29, 2005, Metropolitan Council shall deliver to Ms.
Beckman and Mr. Nauen submit (1) a Prehearing Memorandum responding to the issues in
dispute, (2) a Witness List, (3) a list of all interested persons it is aware of who may wish to
testify, and (4) an Exhibit List. Please inform us if you do not intend to call witnesses at the
hearing.
4. As stated, the hearing will be conducted on Friday, December 30, 2005. All
testimony, if any, shall be completed by December 31, 2005. LUAC will set limits on the length
of testimony.
5. The hearing will be conducted by LUAC and chaired by the undersigned. LUAC
will be assisted by Mr. Nauen at the hearing. All submissions to LUAC shall be delivered to
(1) Ann Beckman, Metropolitan Council, 230 East Fifth Street, St. Paul, Minnesota, 55101, and
(2) Charles Nauen, 100 Washington Avenue South, Suite 2200, Minneapolis, Minnesota, 55401,
and received no later than the deadlines set above.
6. LUAC will advise the City of Lake Elmo and Metropolitan Council of the hearing
location.
7. A court reporter will transcribe the heating.
8. The issue in the case is whether the Metropolitan System Statement should be
amended as requested by the City of Lake Elmo. The LUAC Chair will strictly enforce the
limitation on the issues contained in M.S. § 473.857, Subd. 2: "The hearing shall not consider
the need for or reasonableness of the Metropolitan System Plans or parts thereof"
9. Post -hearing submissions of proposed findings of fact and conclusions shall be
submitted within two weeks of the conclusion of the hearing. Submissions shall be simultaneous.
10. As the one requesting the hearing, the City of Lake Elmo has the burden of proof. .
11. Pursuant to M.S. § 473.857, Subd. 2, the City of Lake Elmo is obligated to pay
the costs of the healing, including court reporter expenses, the time and expenses of Mr. Nauen
and other hearing costs. Payment of the invoice shall be made within thirty (30) days of receipt.
12. The City of Lake Ell -no and the Metropolitan Council are encouraged to attempt to
resolve any differences, if resolution_ is reached, please report it immediately to me and submit a
copy of the written stipulation to Ms. Beckman and Mr. Nauen.
351621-1
u, ty of Lake Elmo
RE: Metropolitan System Statement
December 16, 2005
Page 3
If you have any, questions, please contact Charles Nauen at 612-596-4006
(ermauen@locklaw.com) or Ann Beckman at 651-602-1669(ann.becicman(a7,mete.state.mn.us).
Thank you.
Very truly yours,
-fldf
Tony Pistilli, Chair
Land Use Advisory Committee
763-228-1867 (cell)
tony,pistilli@metc.state.mn.us
c: Peter Bell, Metropolitan Council, Chair
Tom Weaver, Metropolitan Council, Regional Administrator
Chris Georgacas, Metropolitan Council Member, District 12
Ann Beckman, Metropolitan Council, Regional Growth Strategy Manager
Phyllis Hanson, Metropolitan Council, Local Planning Assistance Manager
Charles N. Nauen, Counsel for Metropolitan Council LUAC
Metropolitan Council Land Use Advisory Committee
351621-1