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HomeMy WebLinkAboutJune 20, 2006 CCPMayor: Dean Johnston Council members: Rita Conlin Steve DeLapp Liz Johnson Anne Smith Elmo City Council TUESDAY, June 20, 2006 3500 Laverne Avenue No. Lake Elmo, MN 55042 777-5510 777-9615(ffax) 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. hi 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. 6:00 p.m.: CLOSED MEETING City Administrator's Review Agenda City Council Meeting Convenes 7:00 PM f Allegiance dautes• r May 16, 2006, June 6, 2006 LIC INOUIRIES/INFORMATIONAL: Public Ingmries/In£ormational is an opportunity for citizens to bring the Council's attention any items not currently on the agenda In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for A. PUBLIC INQUIRIES' ' B. PUBLICINFORMATIONAL: each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. written documents may be distributed to the (1) John Binkowski, Ind. Candidate 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 be routine by the City Council and will be enacted by one motion under a Consent Calendar A. Resol. No. 2006-052:Approving Claims format. There will be no separate discussion of these items unless a Council member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the B. Monthly Operating Report agenda C. Authorization for Professional Services 2006 Overlays: Jamaca Ct., Irvine Circle, Isle Ave, Irvine Ct and Ivy Ct. D. Authorization for Professional Services 2006 MSA Repaving; 45`s St., Julep Ave., and 4'7' St. E. Change Order Conduit Relocation for Water Tower F. Partial Payment for Water System Interconnect Phase I -Riley Brothers Const.;Resolution No. 2006-053 G. Partial Payment for Water System Interconnect Phase III -Riley Brothers Const.;Resolution No. 2006-054 Lake Elmo City Council Agenda June 20, 2006 Paee 2 H. City Logo 5. FINANCE: Tom Bouthilet 6. NEW BUSINESS: 7. 31AINTENANCE/PARKIFME/BUILDING: A. Update on Building Dept.:Jim McNamara 8. CITY ENGINEER'S REPORT: Tom Prew A. 2006 Overlays Feasibility Report; Resolution No. 2006-055 B. 2006 MSA Repaving Feasibility Report; Resolution No. 2006-056 C. Approve Plans for Northern Water Main; Resolution No. 2006-057 D. PUBLIC HEARING: Excavating & Grading Permit, Krueger, 4452 Lake Elmo Ave. E. PUBLIC HEARING: Excavating & Grading Permit, Kaufhold, 999910'h St. 9. PLANNING, LAND USE & ZONING: C. Dillerud A. Village Area Planning Team - Subsequent Phase Work Plan B. Zoning Variance, 9429 Jane Road N., Hamerly; Resolution No. 2006-058 C. Preliminary Plat of HOA 2nd Addition; Resolution No. 2006-060; Site Plan Review — Rasmussen College; Resolution No. 2006-059 D. CDBG — Cimarron Gas Service Project;Resolution No. 2006-061 E. Zoning Text Amendments — Architectural Performance Stds in BP, LB, PF, GB; Ordinance No. 97-172-175 10. CITY ATTORNEY'S REPORT: A. Northern Watermain Easement Acquisition Update —verbal 11. CITY ADMINISTRATOR'S REPORT: A. Austad, Pierre, Hurt Septic Systems - verbal B. Report on HOA Training Seminar - verbal 12. CITY COUNCIL BUSINESS AND REPORTS: Lake Elmo City Council Agenda June 20, 2006 Page 3 A. Mayor Johnston — Lake Elmo Compensation Plan, Performance Review Procedure B. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith 13. CLOSED SESSION: Legal Update 2°d DRAFT CITY OF LAKE ELMO CITY COUNCIL MEETING May 16, 2006 L AGENDA 2. MINUTES: March 21, 2006, May 2, 2006 3. PUBLIC INQUIRIESANFORMATIONAL: A. PUBLIC INQUIRIES: B. PUBLIC INFORMATIONAL: (1) Margaret Carlson —Lake Elmo Park Reserve Master Plan Update (Add) (2) Jim Kelly-MDH—Perfluorochemicals/Private Drinking Water Wells (Add) (3) Village Area Master Plan Presentation: Engstrom and Company (moved forward from Agenda Item 9C) 4. CONSENT AGENDA: A. Resolution No. 2006-046: Approving Claims B. Monthly Operating Report C. Water Meter Vendor D. Partial Payment No. 2: Ellingson Drainage - Phase IV 5. FINANCE: None 6. NEW BUSINESS: None 7. NLkINTENANCE/PARK/ A. Parks Dept.: Parks Station (verbal) B. Fire Dept.: Sprink] C. Update on Buildi 8. CITY ENGINEER'S REP( A. Stop Sign at the in B. Street Repair and�l C. Trail Quotes D. Tablyn/LEHeight E. New NPDESPern Equipment — Carriage 97-171 of Lake Jane Trail and Jane Road North Street Water Main Bids: Resolution 2006-047 9. PLANNING, LAND USE,& ZONING: A. Zoning Variance=8009 Hill Trail, Tacheny (cont'd): Resolution No. 2006-041 B. Final Plat & Development Agreement — Hidden Meadows (formerly Deer Glen): Resolution 2006-048 C. Village Area Master Plan Presentation: Engstrom and Company (moved to Agenda Item 3B(1)) D. Zoning Ordinance Text Amendment — Outdoor Social Events: Ordinance No. 97-167 E. Park Plan Update — Request for Proposals F. Performance Based Zoning (Add) 10. CITY ATTORNEY' S REPORT: 11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCIL REPORTS: LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 2nd DRAFT Mayor Johnston called the Council meeting to order at 7:00 p.m, in the Council Chambers. COUNCIL MEMBERS PRESENT: Conlin, DeLapp, Johnson, and Smith, STAFF PRESENT: Administrator Rafferty, City Planner Dillerud, Finance Director Bouthilet, City Engineer Prew, Attorney Filla, Building Official McNamara, Fire Chief Malmquist and Recording Secretary Freeman. PIedge of Allegiance 1. AGENDA: Additions: Item 3A(1) Margaret (Teddy) Carlson — update on Lake Elmo Regional Park Master Plan; Item 3B(2) Jim Kelly, MDH — MN Dept. of Health -water contamination; 9(F) Performance Based Zoning; Move 9C to 3 B(1) — Village Area Master Plan; move Item 2 (Minutes) to 11. M/S/P Johnson/Conlin — to move consideration of the April minutes to Item 11A. on the agenda. (Motion passed 4-1: D to 11A) Addition to the Agenda: Under Council Reports City Administrator's Performance Review. MIS/P Johnson/Conlin — to approve the May 16, (Motion 4-1: DeLapp - against moving mi \nags t 2. 3. Margaret Carlsop�,pre Park Reserve Plan, a numerous moamcau Plan, including: new underpass, and handi to moving minutes wrapping up Council Agenda as amended. the status of the New Lake Elmo Regional Dved by Washington County. She outlined the )ns to Park facilities that are incorporated in the new equestrian trails, lighted ski trails, a Highway 5 trail bility to the boat dock. Discussion followed about the proposed changes to the original 1978 Park Plan, and where the City could provide input. The Council questioned the current "Reserve" status formula being utilized, and how could it be maintained to protect and perpetuate that Reserve status of the Park. The Council also questioned what the conditions were in the 1978 agreement with the City regarding development of the Park. Mayor Johnston suggested inviting Ms. Carlson to a future Council Workshop to discuss the Regional Park Reserve Plan in greater detail. LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 2 2nd DRAFT (2) James Kelly - Minnesota Depart of Health: Jim Kelly, Minnesota Department of Health (MDH), informed the Council that the MDH has created tests that detect five more chemicals in relation to the contamination in the Tablyn Park and Lake Elmo Heights neighborhood. Kelly stated that residents in the Lake Elmo Heights, Tablyn Park, Torre Pines and Parkview Estates area will be receiving letters in upcoming weeks, informing them that they may need to use an alternative water source. PFC related chemicals have been identified in the neighborhoods at various levels above and below health department standards for drinking. Jim Kelly also said MDH scientists had been working for the past several months to develop more sensitive tests that could detect other PFC chemicals, and as a result, health values and standards are expected to be lowered. (3) Village Area Master Plan Presentation Robert Engstrom and team presented an overview of reported that the plan was well received, and that the. telephone calls regarding the plan as well as the "pas exhibits. He referred to a project memorandum the U and advised that the team is now essentially complet( He suggested that the team is now it forward with the plan, including: 1) Village Plan components and Maste; 2) Integrating the MPCA ground wa 3) Detailed design standards for Vill team would be involved in thewoje ige Area Open House. He s,received many emails and t ' that were placed on the presented the City Council, original contractual tasks. 3ouncil's wishes regarding moving the Council preserving the Old including Highway 5 modifications; the Master Plan to create the lake; )pment, and 4) Whether and how the Discussion continued aboufi•the; Vill Area core where compact density and reduced green space are proposed by the Plan. ,Bruce Jacobson advised that the Plan suggests retaining the very, "urban" character at the core of the Village Area — reflecting the character of existing' a6velopment — but densities decrease and open space increases as one moves outward toward the'Viliage area peripheries. The Council also discussed the amenities package -public and private- and the need for Design Guidelines to ensure that the intended development character is retained. M/S/P Conlin/Johnson — to direct Staff to prepare a complete proposed contract for the project team for the June 6, 2006, Council meeting, to include Phase H with costs, and direction for any subsequent project phases. (Motion passed 5-0) 4. CONSENT AGENDA: A. Resolution No. 2006-046: Approving Claims M/S/P Johnson/DeLapp — to adopt Resolution No. 2006-046 approving Claim Numbers 325, 326, DD728 through DD749, 29065 through 29083, 29085, 29086 which were used LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 2°d DRAFT for staff payroll dated May 11, 2006; claims 29084, 29087 through 29147, in the total amount of $624,781.27. (Motion passed 5-0) B. Monthly Operating Report: M/S/P Johnson/DeLapp — to accept the March 2006 Monthly Operating Report. (Motion passed 5-0) C. Water Meter Vendor: The City currently has approximately 220 water meters with "phone read" equipment, which has become outdated due to a variety of reasons such as utilization of cells phones in lieu of land lines, digital lines through and cable services and increased line draws. With the reduction in labor related to installation repairs and meter reading time, it is anticipated that the Neptune system is the most cost-effective system. It should be noted that all capital equipment purchases related to water will come from the water enterprise fund and will not affect the General Fund supported by Ad Valorem taxes. Staff recommends purchase of the Neptune system. M/S/P Johnson/DeLapp — to purchase Neptune's of $19,502.81. (Motion passed 5-0) D. Partial Payment No. 2, Eltingsc Phase IV City Engineer Prew recommends Partial P $192,737.03 to Ellingson Drainage, for W M/S/P Johnson/DeLapp — to amount of $192,737.03 for Engineer in his Memo dated M R1 7. at a total cost 2 in the amount of :�t-Phase IV. No. 2 to Ellingson Drainage in the ;t Phase IV, verified by the City passed 5-0) Station: City Administrator Rafferty presented plans for playground equipment for Carriage Station Park. The Parks Commission budgeted $45,000 for improvements in the Carriage' Station Park, and the Council increased the budget allocation to $65,000. Carriage Station neighborhood residents were surveyed last fall for their input and design preferences. Three vendors supplied a designed $35,000 structure. Miracle Company was the preferred design. Two additional pieces of equipment were suggested to be added, bringing the total to $45,000, which is within budget. The Parks Commission recommended approval of the equipment from the Miracle Company. LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 4! 2"d Dr3AFT Discussion followed about the various age groups, trail accessibility, liability issues, and the number of children utilizing the facilities. Council Member Smith reported that a half basketball court is planned for the future. M/S/P Smith/Johnston — to approve the purchase and installation of playground equipment from Miracle Company in the amount of $45,000.00. (Motion passed 5-0) B. Fire Dept.: Sprinkling Ordinance: Ordinance No. 97-171: The Fire Chief recommended adoption of Chapter 1306 under the Minnesota State Building Code, based on the review and discussion with the City Administrator, City Attorney, and Building Official. The Chief stated that expected growth and the expanding water systems make this an opportune time to adopt Chapter 1306 to help reduce future fire loss in Lake Elmo. M/S/P Johnson/Conlin — to adopt Sprinkling Ordinance, Ordinance No. 97-171. (Motion passed 5-0) C. Update on Building Dept.: Jim McNamara Building Official McNamara informed the Council that it's getting busier, with more permits issued, inspections and questions about various resEictions. There is also a new type of erosion control, along with the silt fence and stake method. It is a roll sock, similar to a large tube. It is filled with mulAwmil the end -of the project, which can then be opened, recycled or removed. The Building Dept also cori'tinues to pick up signs. 91 A. Stop Sign at the intersection of Lake Jane Trail and Jane Road North: There was a concern that drivers are going too fast as they travel westbound toward the intersection of Jane Road and Lake ane Trail. City Engineer Prew reviewed the intersection. He statedaffici%es not warrant a Stop sign. Because of the steep hill, v adding a stop sign tq.the westbound could create a dangerous condition. Not only would a stop sign be routinely violatedstopping in the winter could be problematic for larger vehicles. Some ideas.to slow 6 n traffic - change the speed zone at the top of the hill, adding a median, or adding tree§' Council asked about using the portable speed trailer, and increased patrol. V' M/S/P Johnson/Johnston — to accept the City Engineer's Letter, dated May 12, 2006, 1 recommending that there be no additional Stop sign at the intersection of Lake Jane Trail and Jane Road. (Motion passed 5-0) The Council preferred that the speed be lowered to 35 mph. City Engineer Prew stated he would check with MNDot if a speed study has been done. M/S/P DeLapp/Johnson — to direct the City Engineer to meet with staff and return in 1-2 months with recommendations that address the original problem and identify feasibility and costs involved. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 51 TB.:1l B. Street Repair and Maintenance: Public Works is requesting that City Council approve the bid from T.A_ Schifsky and I Sons for the patching of the holes in the City that are too large for the Public Works Dept. 1 to repair, as larger equipment is required. M/S/P DeLapp/Johnson — to accept the bid from T.A. Schifsky and Sons for patching in the amount of $13,458.00. (Motion passed 5-0) C. Trail Quotes — 55a' Street and Carriage Station Park: City Engineer Prew received quotes from Tower Asphalt and T.A. Schifsky and Sons for the 55t' Street and Carriage Station Park Trails. The 55' Street project bid included a large number of bollards needed to prevent vehicle access. Public Works will be able to accomplish the same thing with boulders and other landscaping. He is recommending the 3 projects be awarded to Tower Asphalt, without the bollards \ M/S/P Smith/Johnson — to accept the bid from Tower $47,716.00, for the 3 Trail Projects. (Motion passed D. Tablyn Park/Lake Elmo Heights/31` Resolution No. 2006-047: Bids for the Tablyn Park/Lake Elmo Heights/3ls` on Friday, May 12, 2006. All bids received'�aere Prew and he requested that Council delay awardii further discussion. They will come back to anoth recommendation. ;. Of am project were received Jected by City Engineer they meet with 3M and meeting with a E. New NPDES Permit: + City Engineer Prew informed the Council thane MPCA is requiring that all communities with an existing NPDES permit update it in conformance with their criteria. The NPDES permit covers st&rn water discharge. The new permit required is stricter in regards to rn kint pertain City's, perform the required Best Practices Management (BPM's). :.1 There are 34 unique itemkhii each City must keep track of, with one person at the City being required to be in responsible charge of each BMP. There are other items that are part of this permit, as well. This Permit will be discussed in more detail at the Environmental Meeting on May 17, 2006. M/S/P Conlin/Smith — to authorize Staff to complete the NPDES permit and submit it before June 1, 2006. (Motion passed 5-0) 9. PLANNING, LAND USE & ZONING: A. Zoning Variances — 8009 Hill Trail (Tachney). Resolution 2006-041: The City Planner reported that the Council deferred action on this application pending a full Council compliment to consider the matter. He stated that should the Council decide on this matter contrary to the Planning Commission's recommendation for approval, the LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 6 2nd DRAFT draft Resolution would require different findings to support denial beyond a simple finding that the application fails to comply with the required variance standards. M/S/P Conlin/Johnson — to adopt Resolution 2006-041, approving variances at 8009 Hill Trail, based on the recommendations of the Planning Committee. ROLL CALL: DeLapp-no, Johnson -yes, Johnston -no, Smith -yes, Conlin -yes. (Motion passed 3-2: DeLapp, Johnston) B. Final Plat and Development Agreement — Hidden Meadows: The City Planner reported that the Development Agreement for this plat differs from those prepared for other projects. New Agreement language has been added to assure future responsibility for the septic treatment system to be shared with the OP residential neighborhood. The City will look only to the church for compliance with system operations and reporting requirements. A complaint was received about work being conducted a resident. City Staff contacted the developer. The sut the Council, apologizing for any work being done on S subcontractor and the developers were and are aware o: will not occur again. M/S/P Conlin/Johnson — to adopt Re Development Agreement for Hidden C. D. Zoning Ordinanc City Council requested that reviewed with the mod£ical City Attorney Fil word "nominal_" M/S/P Smith/Johnson AG zoning district to (1) x weekend (Sunday) from for for the site addressed He stated" at the ides. and reiterated that it g the Final Plat and 5-0) nice 97-167 for Outdoor Social Events be from the May 2, 2006, Council meeting. ccorporation of one change to #1, by deleting the site tax parcel area not less than 10 acres." apt Ordinance 97-167, amending Conditional Uses in the Outdoor Commercial Social Events. (Motion passed 5-0) E. Park Plan Update — Request for Proposals: The Planner reported that the Staff presented a Request for Proposal (RFP) to update the 1990 Park Plan to the Parks Commission at the April 17, 2006, meeting. The Commission reviewed the draft RFP, suggested several minor modifications and adopted a recommendation to the City Council that the RFP be approved at modified M/S/P Johnson/Smith —to approve the 2006 Park Plan Update —Request for Proposals, as presented. (Motion passed 4-1:DeLapp — the Plan was so badly flawed, it is not necessary and considered it a premature expense.) LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 71 2"d DRAFT F. Performance Based Zoning and Lane Kendie City Planner Dillerud requested direction regarding inviting Lane Kendig to a future workshop to present/discuss Performance Zoning. He guessed that the Kendig visit would cost a maximum $3,000. He advised that a draft Performance Zoning ordinance was about 75% completed by Kendig and the Planning Commission about two years ago_ He advised the Council that a new zoning ordinance would be required within 0 months of the Metropolitan Council approval of the Lake Elmo Comprehensive Plan. Council discussed the pros and cons of Euclidian Zoning versus Performance Zoning. The City Planner concurred that Euclidian zoning was the format of the current Lake Elmo zoning ordinance and that format was both familiar and not as complex as Performance Zoning. M/S/F Johnson/DeLapp — to direct Staff to contact Lane Kendig about the feasibility of coming and sharing the Performance Zoning as an educational opportunity workshop. ROLL CALL: DeLapp-yes, Johnson -yes, Johnston -no, Smith no'�Conlin-no (Motion failed 2-3: Johnston, Smith, Conlin) 10. CITY ATTORNEY'S REPORT: None 11. CITY ADMINISTRATOR'SREPI A. Council Minutes (Moved from Itei M/S/P Johnson/Conlin — to approve April (Motion passed 4-1: DeLapp) M/S/P Johnston/Johnson — to include revisions provided bJ M/S/P Johnson/Jo (Motion passed 3- as revised. April 18, 2006, Council minutes to ,app. (Motion passed 4-1: DeLapp) May 2, 2006, Council minutes as submitted. To provide a draft of the May 1$ 2006, Council Workshop minutes at the June 6, 2006, City Council meeting 12. CITY COUNCIL REPORTS: Mayor Johnston updated City Council on the St. Croix Regional Family Center. ECFE and Adult Education will be Phase I, followed by the YMCA 5-6 years later. Site selection study within 60 days, with site selection within 30 days thereafter. The Mayor requested direction for the City Administrator's Performance Review and setting performance objectives. Council determined they would discuss his existing performance review and establish next year's performance objectives. The Mayor requested each Council Member provide 3 objectives of high priority. Council determined there will be a Closed Meeting one hour prior (6:00 pm) to the next Council Meeting. LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 8 2ntl DRAFT Council Member DeLapp informed Council he did not attend the Lake Elmo Regional Art Center opening but did talk with Bob Meyer, who talked about the plans the Center has to eventually expand to an 80,000 sq. ft. building containing all types of art. Council Member Johnson provided an `Educational Opportunity" handout to Council Members regarding Edina Housing Succession Plan for Edina's Future, created by a special committee task force. Council Member Smith: None Council Member Conlin: None Reminder: Environmental Committee: Informational Meeting on the City's Surface Water Pollution Prevention Plan — Wednesday, May 17, 2006 at 70 pm at City Hall. Clean Up Day is Saturday, June 3, 2006, 8:00 AM — Noon. Council Meeting ended at 10:59 pm Respectfully submitted by Carole Freeman, Resolution No. 2006-041: Approved Variance to Requirements for 8009 Hill Trail North Resolution No. 2006-046: Approved Claims Resolution No. 2006-047: Tablyn Park/LE Hetgh Resolution No. 2006-048: ApproveeFnat Pl'i Meadows of Lake Elmo (fr Ordinance 97-167: Added in Agricultural Zoning Dis Ordinance 97-1' as Deer Glen) & Minimum Lot Size Bid - POSTPONED it Agreement for Hidden (h) Relating to Conditional Uses State Building Code — Sprinkler Ordinance LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 9, CITY OF LAKE ELMO CITY COUNCIL MEETING JUNE 6, 2006 10. CITY ATTORNE"1 S REI PRV7` zl,11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCH, PORTS:' 13, ADJOURNED TO'CLOSERSESSION: Legal Update LAKE ELMO CITY COUNCIL MINUTES draft June 6, 2006 1 B. Letter of Escrow Reduction — Rock -point Church: M/S/P Johnson/Conlin — to approve the Letter of Escrow Reduction - Rockpoint Church, per City Engineer's Memo dated June 1, 2006. (Motion passed 5-0) C. 2006 Crack Seal — Resolution No. 2006-050: M/S/P Johnson/Conlin — to adopt Resolution No. 2006-050, awarding the bid to L & M Services of Belgrade, Inc., in the amount of $21,000, for the 2006 Crack Seal Project, per City Engineer's Memo dated June 2, 2006. (Motion passed 5-0) D. 2006 Seal Coat — Resolution No. 2006-051. MIS/P Johnson/Conlin — to adopt Resolution No. 2006-051, awarding the bid to Allied Blacktop Company, in the amount of $112,410.00 for the 2006 Seal Coat Project, per City Engineer's Memo dated June 2, 2006. (Motion passed 5-0) 5. 6. NEW BUSINESS: 7. A. Parks Dept: (1) Reserving Neighborhood The City Council had requested the I reserving neighborhood parks for orb had provided the Parks Commitf&n Tablyn and VFW) and ission review of the policy for ides.: Parks Supt. Mike Bouthilet io, dated May 10, 2006, with his •eserved. The Parks Commission ontreville, Lions, Pebble, Reid, Stonegate) be reservable for Policy for Reserving Neighborhood Parks as �n and per Memo of Mike Bouthilet dated May (2) Parks Commission/Land trust: Suntsh LaKe Fars: Parks Commissions Chairman Schumacher recommended to the City Council to consider placing Sunfish Lake Park into a Minnesota Land Trust. Sunfish Lake Park would be protected in the Trust, and it would mean cooperation/interaction with them about the future of the Park. Council Members expressed their support and raised concerns for protecting Sunfish Lake Park in a land trust easement. Some concerns identified involved restricting recreational type programs in the future as it pertains to the Land Trust Easement. LAKE ELMO CITY COUNCIL MINUTES draft June 6, 2006 1 M/S/P Johnson/Conlin — to authorize the Parks Commission to create a full recommendation to City Council regarding placing Sunfish Lake Park into the Minnesota Land Trust for further consideration. (Motion passed 5-0) B. Fire Dept.: None C. Building Dent.: None 8. CITY ENGINEER'S REPORT: A. Tablyn Park/LE Heights Watermain Project - Resolution No. 2006-047: City Engineer Prew informed Council that 3M will cover the full cost of the project, and recommended adoption of Resolution 2006-047. City Administrator Rafferty notified Council that 3M would also paying the water bills for the first two years for residents in those neighborhoodsFinance Director Bouthilet stated that bill credits would be equally shared as, the ctiintribution by 3M was based on the average household consumption and bilhn `Billings vuould be mailed to the residents, but more as a base for reference. Counctiliembers thanked Staff for all of their work. 1 =' M/S/P Conlin/Smith — to adopt Resolution No. 2006-047,, awarding the bid for the Tablyn Park/Lake Elmo Heights/31" Street,, atermam Project, to Park Construction Company, in the amount of $3,143,640.78 .(Motian5 0)NO Q a The City Planner reported that=fin May 151e20 6, the Planning Commission had discussed' the Council's concerns pes and adopted the following revised / additional recommendations �o p ;t upfwo non-resident employees on site of a Home Based' Business; 2) To,reguire all three, (maximum) allowable business vehicles on site to be parked off-street, 3) To change the number of allowable customer visits to a site from ten i to five. 3g' Council discussed home occupation, licensing, inventory storage, maintaining rural character and protecting the residential quality of the neighborhoods in which home occupations would be located. City Attorney Filla stated he was not comfortable with the draft ordinance, and the definitions, revocation and suspension process would be enforceable as any other similar ordinance. M/S/P Johnston/Smith — to send to the Council Workshop for step-by-step clarification of the proposed ordinance. (Motion passed 5-0) LAKE ELMO CITY COUNCIL MINUTES draft June 6, 2006 4 B. Village Area Master Plan: (moved to precede 9A) The City Planner presented the final report of the Village Area Planning Team and requested the Council to formally receive the plan, and authorize the final contract payment. Staff recommends acceptance of the Phase I plan, as complete. Council directed Staff to prepare a complete proposed contract for the project team, to include Phase H with costs, and direction for any subsequent project phases. Council requested that a plan strategy process be attached, providing a time schedule, a reporting mechanism to all involved parties, payment, and critical path diagram/structure. City Planner stated that Phase I was a private sector contract, and Phase H will be a government contract, requiring tasks, timelines, and cost schedule. M/S/P Johnson/DeLapp — to accept and place on file the Village Area Master Plan, as prepared by Engstrom/Close Planning Team as fulfillment of contActual terms between the Planning Team and the City, and to direct staff to remit to the Planning Team the Final Payment for services provided for by the Phase I Contract: (Motion passed 5-0) C. Personnel Recommendation for Assistant Planner: (Added) The City Planner presented to the Council the recomrilendat(on for an Assistant Planner position. Seventeen applications were received. Fair, finalist applicants were interviewed by the Team (Dillerud, Rafferty, Bouthilet). The Team concurred that Ms. Kelli Matzek be offered the position contiggent on Council approval. 12. CITY CUUNUIL IMFUKl �r Mayor Johnston reported the name change from Ramsey Center for the Arts to Lake Ehno Regional Art Center the St. Croix Regional Family Center site selection is proceeding. Council Member Smith and the Mayor attended the groundbreaking for Rockpoint Church, and donated the shovel and hard hat to the Public Works Dept. Council Member Conlin: None Council Member DeLapp requested regarding the 2007 Budget -should not be working backwards, but lean/mean/friendly; Highway 36 closure in 2007 for six months -more traffic; On-line Study available from Washington County containing residential survey results — 2006. Council Member Johnson: None LAKE ELMO CITY COUNCIL MINUTES draft June 6, 2006 1 5 Council Member Smith: None Reminders: Planning Commission/City Council Working Relationship (cont) on Monday, June 12, 2006, at 7 p-m.; City Council Workshop on Tuesday, June 13, 2006, at 6 p.m. 13. ADJOUNED TO CLOSED SESSION: A. Legal Update: City of Lake Elmo/Diane and Rod Sessing, C6056209 Council Meeting ended at 9:30 p.m. Respectfully submitted by Carole Freeman, Recording Secretary Resolution No. 2006-049: Approved Claims Resolution No. 2006-050: 2006 Crack Seal —to L & M Services of Belgrade, Inc. Resolution No. 2006-051: 2006 Seal Coat to Allied Blacktop Company LAKE ELMO CITY COUNCIL MINUTES draft June 6, 2006 6 tA. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-052 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 330, 331, DD763 through DD785, 29210 through 29230, were used for Staff Payroll dated June 81h, 2006; claims 29231 through 29275, in the total amount of $94,333.15 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 20th day of June, 2006. Dean A. Johnston Mayor ATTEST: Martin J. 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Cep iO Lc Cep N O dl p EJ O l0 \Y J it z z z z z z z aN � N �C .V. c9tl C ctl V x Gi d d d d d d d Mt{ V O 7r 7M d'O a�CO W W W 00� V .N-i Vl M 1p fY M M M M M M M M N � UO d0 UO U N U N UOlp v1 d00� U O Zi (n O Cn V� V1 O Vl O f/) O rn 0 O Vl O O 'dO V1 O O� O1 CO N N V1 M 01 r V'1 Qi M M i U Up U.y Ul:j Ur Ur Uti.:.N'+-+rr U r �1 .Cr .CO sr 0 Us s0 Ur �000000p U.. V O r d 4a F Q N N N N N N N N N N N N N O O O O O 0 0 0 0 0 0 0 O O O O O O 0 0 0 0 0 0 0 O O 0 0 0 0 N M Ili N N N C C � ry In itl U r vi V M 3 O W 0 U N Q 0 0 `v is 3 c E Off- CZ o a o pos o.c `� d.'+�'s o A ._mot .� H�v 3 xt U rn 7NU ms 3mU ..c 3wU 0 5 x�xxUc 3c�U o-u �o FF $ FR w a Li a U z 3 �p d O v000�mNv � c c� U O � O O N O pp O Q 0 0 0 0 GO l� vl M O yMj U C? V 111?1? Cod i-1 ' � , N , M �✓ V r1 O % v1 h Vl vl vl h h CITY OF LAKE ELMO 2006 BILLING SUMMARY MONTH 11135 Administration 11140 Criminal Pros 11145 Public Imp. Proj 11150 Community Dev 11155 Civil Litigation 11161 Auto Forfeiture TOTAL Jan $2,381.27 $3,516.24 $363.00 $1,821.52 $135.00 $8,217.03 Feb $1,364.70 $4,574.62 $572.96 $616.00 $1,997.00 $5.00 $9,130.28 March $1,160.50 $3,682.65 $3,301.50 $381.50 $280.75 $243.00 $9,049.90 April $1,921.11 $3,948.44 $1,887.50 $331.61 $486.00 $121.50 $8,696.16 May $2,186.56 $3,406.51 $586.00 $228.65 $1,768.38 $148.50 $8,324.66 June $0.00 July $0.00 Aug $0.00 Sept $0.00 Oct $0.00 Nov $0.00 Dec $0.00 To $9,014.14 $19,128.46 $6,347.96 $1,920.76 $6,353.65 $653.00 $43,417.97 6/14/2006 Suite 300 50 East Fifth Street St Paul, MN 55101-1197 � ® J 1'R 0FE551:0 N A L A55 01I A:T'1 ON CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 11135-920001 Administration FEES 2,178.00 EXPENSES Owl III (651) 291-8955 (651) 228-1753 fa6imile Federal Tax ID #41-0991098 Page: 1 05/31/2006 ACCOUNT NO. 11.135M ADVANCES BALANCE 0.00 $2,186.56 THL4 STATEMENT IS DBE AND PAYABLE TO THE END OF TEE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTWS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 `I'SiD T'f SSID,N A 7. W5�0,1pl� CITY OF LAKE ELMO 3800 Laverne Avenue North ACCOUNT NO Lake Elmo MN 55042 FEES EXPENSES ADVANCES 11140-030001 Misc Prosecutions 2,782.50 21.51 0.00 11140-040111 Barrett, Steven Dale Marshall GM -false info to police 7.50 0.00 0.00 11140-050181 Remmen, Howard Lester 2nd degree DUI, DAS 18.75 0.00 0.00 11140-050243 Podgorski, Scott F. fail to maintain improvements 127.50 0.00 0.00 11140-050274 McAninch, Andrea J. 2nd degree DUI 30.00 0.00 0.00 11140-0.60054 Fields, Edward Leon Violate OFP 45.00 0.00 0.00 11140-060058 Brown, Steven assault 5.00 0.00 0.00 11140-060083 Meyer, Wendy Jo - 4th degree DUI 80.00 0.00 0.00 (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41.0991098 Page: 1 05/31/2006 11140M BALANCE $2,804.01 $7.50 $18.75 $127.50 $30.00 $45.00 $5.00 $80.00 THIS STATEMENT IS DBE AND PAYABLE TO THE END OF THE. MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WKL BE CREDITED TO THE N= MONTHS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 �s1TF'''��� 77��P�TR7H-��1Oyr-NTIc! {,(I T1�\1T St. East Fifth Street H.K�1�/1 .. LLl\�..11.Y11 11 V St. Paul, MN 55101-tt97 1 1Y i1 Y1 CITY OF LAKE ELMO (6511 291-8955 (651) 22&1753 facsimile Federal Tax ID #41-0991098 Page: 2 05/31/2006 ACCOUNT NO, 11140M FEES EXPENSES ADVANCES BALANCE 11140-060086 Gagne, Michele Leigh 3rd degree DUI 28.75 0.00 0.00 $28.75 11140-060089 Archibald, Henry A. 3rd degree DUI, 3rd degree .08 28.75 0.00 0.00 $28.75 11140-060091 Durkopp, Shane Gray test refusal, 4th degree DUI - 40.00 0.00 0.00 $40.00 11140-060097 Dreher, Justin E. GM -intent to escape MV tax, DAS 40.00 0.00 0.00 $40.00 11140-060098 Donahue, Richard G. assault, domestic assault, doc 5.00 0.00 0.00 $5.00 11140-060100 Gilmore, Keith Alan 4th degree DUI, speed, marijuana in my 5.00 0.00 0.00 $5.00 11140-060103 Lancaster, Richard Allen GM 911 interference, domestic assault 100.00 0.00 0.00 $100.00 11140-060106 McKinley, Diane Lee Violate OFP 5.00 0.00 0.00 $5.00 11140-060107 Burrell, Tara Marie 4th degree DUI 5.00 0.00 0.00 $5.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIFED AFTER THE LAST DAY OF THE MONTH V LL BE CREDITED TO THE NEXT MONTH'S STPITEMENT. PLEASE RETURN DATE COPY OF STATEMENT WITH PAYMENT. Suite 300 77�� �p,� R7�--t�,T11,/�T7� ,t7�7'�`!T 50 Fast Fifth Street FR 1\ !1 - BE GM ll V St Paul, MN 55I01-1197 1 t 11 V 1 r , e r CITY OF LAKE ELMO ACCOUNT NO FEES EXPENSES ADVANCES 11140-060108 Landkamer, David A. expired DL 5.00 0.00 11140-060109 Bauer, Shaun Arthur GM-DAC-IPS 26.25 0.00 3,385.00 21.51 (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID 941.0991098 Page: 3 05/31/2006 11140M BALANCE 0.00 $5.00 0.00 $26.25 0-00 $3,406.51 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WELL BE CREDITED TO THE NEXT MONTHS STATEMENT. PLEASE RETURN 0113E COPY OF STATEMENT WITH PAYMENT. Suite 300 7� =BERGA 7� (651j 2 (651) 291-8955 St East Fifth Street rR 7a 7a 7� 7 28-1753-0991098St Paul, MN 55101-1197 tH I/��ll/tt tLll�iliV7 Federa112e7D #AI-0991098a Page: 1 CITY OF LAKE ELMO 05/31/2006 3800 LAVERNE AVENUE NORTH ACCOUNT NO. 11145M LAKE ELMO MN 55042 FEES EXPENSES ADVANCES BALANCE 11145-040003 WATER SYSTEMS CONNECTION 586.00 0.00 0.00 $586.00 THIS STATEMENT IS DOE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTHS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 7--rr r�pT�1,7}---1�7{.-�L�jj y, (651)291.8955 St East MN Street 1 RW ,.d° i ERG M (65t)228-1753-0991 i98 St Paul, MN SS l OF-([ 97 1N . Federal Tax ID ;(41-0991D98 r m r m CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 FEES EXPENSES 11150-0500.06 DISCOVERY CROSSING OF DEVELOPMENT 88.00 0.00 11150-060003 HIDDEN MEADOWS - PRELIMINARY PLAT 88.00 0.00 11150-990006 Carriage Homes Development 0.00 0.00 176.00 0.00 Page: 1 05/31/2006 ACCOUNT NO. 11150M ADVANCES BALANCE 0.00 $88.00 0.00 $88.00 52.65 $52.65 52.65 $228.65 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 NEST MONTHS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Filth Street St Paul, MN 55101.1197 • IZ YTt 0 F E "1;T1 .N A.L X ;§'O Z CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 53042 ACCOUNT NO FEES EXPENSES ADVANCES 11155-040002 Lake Elmo v. Sessing 1,593.00 12.84 11155-060002 J.P. BUSH HOMES V. CITY OF LAKE ELMO 27.00 0.54 1,620.00 13.38 135.00 0.00 135.00 (651) 291-8955 (65I) 228-1753 facsimile Federal Tax ID #41.0901098 Page: 1 05/31/2006 11155M BALANCE $1,740.84 $27.5a_ $1,768.38 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTHS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. a Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 IMP ® e 00, ° 1 2 1 P-ROFE-SS:FONAL A,5'5D-C1AT1U> CITY OF LAKE ELMO 3800 LAVERNE.AVENUE NORTH LAKE ELMO MN 55042 FEES 11161-050003 Kleinvachter, Robert Michael vehicle forfeiture 54.00 11161-050007 Skoglund, Jon Michael vehicle forfeiture 40.50 11161-060001 McAninich, Andrea vehicle forfeiture 54.00 148.50 EXPENSES I II I Me Is (651) 291-8955 (651) 228-1753 facsimile Federallb3cm m-099i098 Page: 1 05/31/2006- ACCOUNT NO. 11161m ADVANCES BALANCE 0.00 $54.00 0.00 $40.50 0.00 $54.00 0.00 $148.50 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WHLL BE CREDITED TO THE NEXT MONTHS STATEMENT. 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W CO p o� m N O O V 1� 0 MIS 0 0 O 0 0 0 0 0 0 0 0 0 � 0 t0 0 u7 0 t0 0 0 0 C 0 y l co r m M N O a 0 'o m .a. 3 @ _a I (C W >3RR m i (CU O d in 8a@ IC Cj�c @ �O mIZ U I W1N�O= H .Q G =@E, O � w61 .6fo6: _O_O m � m MCM a cN� i �. U N o o m m Uw UV)E @V yN of¢ C) V Y N U_ @ O) h y C@ U C C O LL W d U tt m � 0 2 0 0 « 2 E V) C W 0 W o U).d 0 0@ U K N O 0 I- 8 CITY OF LAKE ELMO, MINNESOTA AUTHORIZATION FOR PROFESSIONAL SERVICES TO: Toltz, King, Duvall, Anderson and Associates, Incorporated 1500 Piper Jaffray Plaza 444 Cedar Street St. Paul, Minnesota 55101 Pursuant to our Agreement dated February 2, 1988, you are hereby authorized to proceed with the professional services described as follows: 2006 OVERLAYS JAMACA COURT, IRVINE CIRCLE, ISLE AVENUE, IRVINE COURT, AND IVY COURT I. PROJECT DESCRIPTION In accordance with the Adopted 2005-2009 CIP, the following streets are scheduled to be reclaimed and repaved in 2006: Jamaca Court Irvine Circle Isle Avenue Irvine Court Ivy Court II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA'S understanding of the Project, we propose to provide the following services: A. PLANS 1. Feasibility Report Phase Upon receipt of authorization to proceed with the Feasibility Report Phase, TKDA shall: - 1 - a. Consult with the OWNER to clarify and define the OWNER'S requirements for the Project and review available data. b. Advise the OWNER as to the necessity of the OWNER'S providing or obtaining from others, data or services of the type(s) described under the General Agreement and act as the OWNER'S representative in connection with any such services. C. Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. d. Conduct professional studies and evaluations resulting in the preparation of a Feasibility Report containing one preliminary design, opinion of probable construction costs, preliminary assessment roll, Statement of Feasibility, and Project schedule, in accordance with the provisions of Minnesota Rules 429. e. Furnish 10 copies of the Feasibility Report, and review them with the OWNER £ Attend Public Hearing. 2. Desian Phase Services On the basis of the approved Feasibility Report, TKDA shall: a. Advise the OWNER as to the necessity of the OWNER'S providing or obtaining from others, additional data or services of the type(s) described under the General Agreement, and act as the OWNER'S representative in connection with any such services. b. Prepare for incorporation in the Contract Documents final Drawings and Specifications setting forth in detail the requirements for the construction of the Project. C. Assist the OWNER in connection with the OWNER'S responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. d. Advise the OWNER of any adjustments to the latest opinion of probable construction cost caused by changes in extent or design requirements of the Project and furnish a revised opinion of probable construction cost based on the drawings and specifications. -2- e. Prepare for review and approval by the OWNER, his legal counsel and other advisors Contract Agreement Forms, general conditions, supplementary conditions, bid forms, invitations to bid and instructions to bidders, and assist in the preparation of other related documents. f. Submit copies of the above documents and of the Drawings and Specifications to the OWNER. Make minor revisions and adjustments following the OWNER'S review. B. CONSTRUCTION ADMINISTRATION 1. Bidding Phase During the Bidding Phase, TKDA shall: a. Reproduce final Contract Documents and related Contract Forms for bidding and construction purposes. b. Assist the OWNER in obtaining bids for one prime contract. C. Prepare bid tabulation. d. Assist the OWNER in evaluating bids and in assembling and awarding the contract. 2. Construction Phase - Administration and Staking During the Construction Phase, TKDA shall provide the following general services: a. Consult with and advise the OWNER and act as the OWNER'S representative as provided in the Contract Documents. b. Attend and assist the OWNER with pre -construction conference to be attended by the Contractor, the OWNER and others as may be requested by the OWNER. C. Provide reference points, on a one-time basis, for the Contractor's use in laying out the work, said reference points to be based upon property, boundary, easement, or right-of-way surveys provided by the OWNER pursuant to the General Agreement. d. Make visits to the site at intervals appropriate to the various stages of construction to observe as an experienced and qualified design professional, the progress and quality of the executed work of the -3- Contractor and to determine in general if such work is proceeding in accordance with the Contract Documents. e. Review and approve (or take other appropriate action with respect to) Shop Drawings (as that term is defined in the Contract Documents), samples, and other data which the Contractor is required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. £ Issue all instructions of the OWNER to the Contractor; issue necessary interpretations and clarifications of the Contract Documents and in connection therewith, prepare change orders as required; have authority, as the OWNER'S representative, to require special inspection or testing of the work. g. Based on TKDA'S periodic on -site observations as an experienced and qualified design professional, determine payments to the Contractor in such amounts; such recommendations of payment will constitute a representation to the OWNER, based on such observations and review, that the work has progressed to the point indicated, that, to the best of TKDA'S knowledge, information and belief, the quality of such work is in accordance with the Contract Documents. h. Conduct an inspection to determine if the Project is substantially complete and a final inspection to determine if the work appears to have been completed in accordance with the Contract Documents and if the Contractor has fulfilled all of his obligations thereunder, so that TKDA may recommend, in writing, final payment to the Contractor and may give written notice to the OWNER and the Contractor that the work is acceptable (subject to any conditions therein expressed). i. TKDA shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for acts or omissions of the Contractor, Subcontractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. j. Prepare Assessment Role and attend Assessment Hearing. 3. Construction Phase - Resident Services In addition to the above General Services, TKDA shall provide the services of a Resident Project Representative (and assistants as agreed) at the site to assist TKDA and to provide more continuous observation of the Contractor(s) work. The Resident Project Representative (and any assistants) will be TKDA'S agent or employee and under TKDA'S supervision. Resident Project Representative's dealings in matters pertaining to the on -site work shall in general, be only with TKDA and the Contractor, and dealings with subcontractors shall only be through or with full knowledge of the Contractor. Written communication with the OWNER will be only through or as directed by TKDA. Through the observations of the work in progress and field checks of materials and equipment by the Resident Project Representative, TKDA shall endeavor to provide further protection for the OWNER against defects and deficiencies in the work of the Contractor; but the furnishing of such resident Project representation will not make TKDA responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or for the Contractor's failure to perform his work in accordance with the Contract Documents. This Authorization provides for up to 72 hours for Construction Observation. III. ADDITIONAL SERVICES If authorized in writing by the OWNER, TKDA shall Runish or obtain from others Additional Services of the types listed below which are not considered as normal or customary services. Additional Services shall be compensated for on an Hourly Rate basis as defined in the General Agreement, a part hereof, and such compensation shall be over and above any maximums or lump sum amounts set forth in this Authorization. A. Registered land or right-of-way surveys, right-of-way mapping; plats; legal descriptions; land appraisals, negotiations and/or related services. B. Investigations of existing conditions or facilities or to make measured Drawings thereof, or to verify the accuracy of Drawings or other information furnished by the OWNER. C. Soil borings and laboratory tests for design purposes; field and/or laboratory tests taken during construction to determine compliance with the Contract Documents. D_ Providing analyses of the OWNER'S needs and programming the requirements of the Project; investigations involving detailed consideration of operations, maintenance and overhead expenses; providing Value Engineering during the course of design; the preparation of cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for the Project; detailed quantity surveys of material, equipment and labor. -5- E. Preparation of applications and supporting documents for governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. F. Services resulting from significant changes in extent of the Project or its design including, but not limited to, changes in size, complexity, the OWNER'S schedule, or character of construction or methods of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are due to causes beyond TKDA'S control. G. Furnishing the services of special consultants for other than the normal civil, structural, mechanical, and electrical engineering and normal architectural design incidental thereto; providing renderings or models for the OWNER'S use; and providing data or services of the types described in General Agreement when the OWNER authorizes TKDA to provide such data or services in lieu of furnishing the same in accordance with the General Agreement. H. Services in connection with change orders provided such change orders are required by causes not solely within the control of TKDA; services after the award of each contract in evaluating substitutions proposed by the Contractor(s); and in making revisions to Drawings and Specifications occasioned thereby, and services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. I. Preparing for the OWNER, on request, a set of reproducible record prints of Drawings showing those changes made during the construction process, based on the marked -up prints, drawings and other data furnished by the Contractor(s) to TKDA and which TKDA considers significant. Additional or extended services during construction made necessary by: Contractor's schedule; delays in construction caused by inclement weather, strikes or material shortages or unavailability. 2. Significant amount of defective or neglected work of the Contractor, default by the Contractor. Work damaged by fire or other causes during construction. 4. Significant substitutes proposed by the Contractor; unreasonable number of claims submitted by the Contractor or others. IM, 5. Observations during any guarantee period, and related services. K. Preparation of operating and maintenance manuals; protracted or extensive assistance in the utilization of any equipment or system (such as initial start-up, testing, adjusting and balancing); and training personnel for operation and maintenance. L. Preparing to serve or serving as expert witness in connection with any legal or arbitration proceeding. M. Additional services in connection with the Project, including services not normally finished by the OWNER and services not otherwise provided for in this Authorization and the General Agreement, a part hereof. IV. OWNER'S RESPONSIBILITIES The OWNER'S responsibilities shall be as set forth in our General Agreement and as finther described or clarified hereinbelow: A. Designate one individual to act as the OWNER'S representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. B. Provide TKDA with access to the site as required to perform services listed in SECTION 11 above. V. PERIOD OF SERVICE TKDA will start SECTION H.A services promptly upon receipt of this executed Authorization and complete services by September 2006. SECTION ILB services will be provided concurrent with the contractor's construction schedule. -7- VI. COMPENSATION Compensation to TKDA for services provided under SECTION II of this Authorization shall be on an Hourly Rate basis as defined in the General Agreement. The breakdown of estimated costs to complete these services are listed below: Feasibility Report $ 5,000 Design Phase Services 6,000 Construction Administration and Staling 8,500 Construction Observation (72 hours) 5,500 Estimated Total ZS 000 Approved at a LE Consultant Acceptance by meeting of the Attest Authorized TI DA Representative KI 2006. 2006. FEW CITY OF LAKE ELMO, MINNESOTA AUTHORIZATION FOR PROFESSIONAL SERVICES TO: Toltz, King, Duvall, Anderson and Associates, Incorporated 1500 Piper Jaffray Plaza 444 Cedar Street St. Paul, Minnesota 55101 Pursuant to our Agreement dated February 2, 1988, you are hereby authorized to proceed with the professional services described as follows: 2006 MSA REPAVING 45TH STREET, JULEP AVENUE, AND 47TH STREET I. PROJECT DESCRIPTION In accordance with the Adopted 2005-2009 CIP, the following streets are scheduled to be reclaimed and repaved in 2006: 45th Street, Julep Avenue, and 47th Street H. SERVICES TO BE PROVIDED BY TKDA Based on TKDA'S understanding of the Project, we propose to provide the following services: A. PLANS l . Feasibility Report Phase Upon receipt of authorization to proceed with the Feasibility Report Phase, TKDA shall: a. Consult with the OWNER to clarify and define the OWNER'S requirements for the Project and review available data. b. Advise the OWNER as to the necessity of the OWNER'S providing or obtaining from others, data or services of the type(s) described under the - 1 - General Agreement and act as the OWNER'S representative in connection with any such services. C. Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. d. Conduct professional studies and evaluations resulting in the preparation of a Feasibility Report containing one preliminary design, opinion of probable construction costs, preliminary assessment roll, Statement of Feasibility, and Project schedule, in accordance with the provisions of Mirmesota Rules 429. e. Furnish 10 copies of the Feasibility Report, and review them with the OWNER. f. Attend Public Informational meeting. g. Attend Public Hearing. 2. Design Phase Services On the basis of the approved Feasibility Report, TKDA shall: a. Advise the OWNER as to the necessity of the OWNER'S providing or obtaining from others, additional data or services of the type(s) described under the General Agreement, and act as the OWNER'S representative in connection with any such services. b. Prepare for incorporation in the Contract Documents final Drawings and Specifications setting forth in detail the requirements for the construction of the Project. C. Assist the OWNER in connection with the OWNER'S responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. d. Advise the OWNER of any adjustments to the latest opinion of probable construction cost caused by changes in extent or design requirements of the Project and furnish a revised opinion of probable construction cost based on the drawings and specifications. C. Prepare for review and approval by the OWNER, his legal counsel and other advisors Contract Agreement Forms, general conditions, supplementary conditions, bid forms, invitations to bid and instructions to bidders, and assist in the preparation of other related documents. -2- f. Submit copies of the above documents and of the Drawings and Specifications to the OWNER. Make minor revisions and adjustments following the OWNER'S review. g. Submit plans to State Aid for approval. B. CONSTRUCTION ADMINISTRATION 1. Bidding Phase During the Bidding Phase, TKDA shall: a. Reproduce final Contract Documents and related Contract Forms for bidding and construction purposes. b. Assist the OWNER in obtaining bids for one prime contract. C. Prepare bid tabulation. d. Assist the OWNER in evaluating bids and in assembling and awarding the contract. Z. Construction Phase - Administration and Staking During the Construction Phase, TKDA shall provide the following general services: a. Consult with and advise the OWNER and act as the OWNER'S representative as provided in the Contract Documents. b. Attend and assist the OWNER with pre -construction conference to be attended by the Contractor, the OWNER and others as may be requested by the OWNER. C. Provide reference points, on a one-time basis, for the Contractor's use in laying out the work, said reference points to be based upon property, boundary, easement, or right-of-way surveys provided by the OWNER pursuant to the General Agreement. d. Make visits to the site at intervals appropriate to the various stages of construction to observe as an experienced and qualified design professional, the progress and quality of the executed work of the Contractor and to determine in general if such work is proceeding in accordance with the Contract Documents. -3- C. Review and approve (or take other appropriate action with respect to) Shop Drawings (as that term is defined in the Contract Documents), samples, and other data which the Contractor is required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. f. Issue all instructions of the OWNER to the Contractor; issue necessary interpretations and clarifications of the Contract Documents and in connection therewith, prepare change orders as required; have authority, as the OWNER'S representative, to require special inspection or testing of the work. g. Based on TKDA'S periodic on -site observations as an experienced and qualified design professional, determine payments to the Contractor in such amounts; such recommendations of payment will constitute a representation to the OWNER, based on such observations and review, that the work has progressed to the point indicated, that, to the best of TKDA'S knowledge, information and belief, the quality of such work is in accordance with the Contract Documents. h. Conduct an inspection to determine if the Project is substantially complete and a final inspection to determine if the work appears to have been completed in accordance with the Contract Documents and if the Contractor has fulfilled all of his obligations thereunder, so that TKDA may recommend, in writing, final payment to the Contractor and may give written notice to the OWNER and the Contractor that the work is acceptable (subject to any conditions therein expressed). i. TKDA shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for acts or omissions of the Contractor, Subcontractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. Prepare Assessment Role and attend Assessment Hearing. k. Perform material testing in accordance with the State Aid Schedule of Material Control. TKDA will coordinate this work and subcontract testing with Braun Intertec. 1. Review payroll reports and maintain records in accordance with State Aid Rules for Contract Administration. 3. Construction Phase - Resident Services In addition to the above General Services, TKDA shall provide the services of a Resident Project Representative (and assistants as agreed) at the site to assist TKDA and to provide more continuous observation of the Contractor(s) work. The Resident Project Representative (and any assistants) will be TKDA'S agent or employee and under TKDA'S supervision. Resident Project Representative's dealings in matters pertaining to the on -site work shall in general, be only with TKDA and the Contractor, and dealings with subcontractors shall only be through or with full knowledge of the Contractor. Written communication with the OWNER will be only through or as directed by TKDA. Through the observations of the work in progress and field checks of materials and equipment by the Resident Project Representative, TKDA shall endeavor to provide further protection for the OWNER against defects and deficiencies in the work of the Contractor; but the furnishing of such resident Project representation will not make TKDA responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or for the Contractor's failure to perform his work in accordance with the Contract Documents. This Authorization provides for up to 244 hours for construction observation. III. ADDITIONAL SERVICES If authorized in writing by the OWNER, TKDA shall fiunish or obtain from others Additional Services of the types listed below which are not considered as normal or customary services. Additional Services shall be compensated for on an Hourly Rate basis as defined in the General Agreement, a part hereof, and such compensation shall be over and above any maximums or lump sum amounts set forth in this Authorization. A. Registered land or right-of-way surveys, right-of-way mapping; plats; legal descriptions; land appraisals, negotiations and/or related services. B. Investigations of existing conditions or facilities or to make measured Drawings thereof, or to verify the accuracy of Drawings or other information furnished by the OWNER. C. Soil borings and laboratory tests for design purposes; field and/or laboratory tests taken during construction to determine compliance with the Contract Documents. D. Providing analyses of the OWNER'S needs and programming the requirements of the Project; investigations involving detailed consideration of operations, maintenance and overhead expenses; providing Value Engineering during the course of design; the preparation of cash flow and economic evaluations, rate schedules and appraisals; -5- assistance in obtaining financing for the Project; detailed quantity surveys of material, equipment and labor. E. Preparation of applications and supporting documents for governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. F. Services resulting from significant changes in extent of the Project or its design including, but not limited to, changes in size, complexity, the OWNER'S schedule, or character of construction or methods of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are due to causes beyond TKDA'S control. G. Furnishing the services of special consultants for other than the normal civil, structural, mechanical, and electrical engineering and normal architectural design incidental thereto; providing renderings or models for the OWNER'S use; and providing data or services of the types described in General Agreement when the OWNER authorizes TKDA to provide such data or services in lieu of furnishing the same in accordance with the General Agreement. H. Services in connection with change orders provided such change orders are required by causes not solely within the control of TKDA; services after the award of each contract in evaluating substitutions proposed by the Contractor(s); and in making revisions to Drawings and Specifications occasioned thereby, and services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. I. Preparing for the OWNER, on request, a set of reproducible record prints of Drawings showing those changes made during the construction process, based on the marked -up prints, drawings and other data famished by the Contractor(s) to TKDA and which TKDA considers significant. Additional or extended services during construction made necessary by: Contractor's schedule; delays in construction caused by inclement weather, strikes or material shortages or unavailability. 2. Significant amount of defective or neglected work of the Contractor; default by the Contractor. 3. Work damaged by fire or other causes during construction. M 4. Significant substitutes proposed by the Contractor; unreasonable number of claims submitted by the Contractor or others. Observations during any guarantee period, and related services. K. Preparation of operating and maintenance manuals; protracted or extensive assistance in the utilization of any equipment or system (such as initial start-up, testing, adjusting and balancing); and training personnel for operation and maintenance. L. Preparing to serve or serving as expert witness in connection with any legal or arbitration proceeding. M. Additional services in connection with the Project, including services not normally furnished by the OWNER and services not otherwise provided for in this Authorization and the General Agreement, a part hereof. IV. OWNER'S RESPONSIBILITIES The OWNER'S responsibilities shall be as set forth in our General Agreement and as further described or clarified hereinbelow: A. Designate one individual to act as the OWNER'S representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. B. Provide TKDA with access to the site as required to perform services listed in SECTION H above. V. PERIOD OF SERVICE TKDA will start SECTION ILA services promptly upon receipt of this executed Authorization and complete services by September 2006. SECTION ILB services will be provided concurrent with the contractor's construction schedule. -7- VI. COMPENSATION Compensation to TKDA for services provided under SECTION Il of this Authorization shall be on an Hourly Rate basis as defined in the General Agreement. The breakdown of estimated costs to complete these services are listed below: Feasibility Report $ 6,000 Design Phase Services 12,000 Construction Administration and Staking 17,067 Construction Observation (244 hours) 15,433 Testing Services 5.500 Estimated Total 15L6 000 Approved at a !0 Consultant Acceptance by meeting of the Attest Authorized TI DA Representative a1 911111 2005. JUN-15-2006 15:31 TKDA TKDA RECEIVED ENGINEERS • ARCHITECTS - PLANNERS MEMORANDUM To: Lake Elmo City Council Reference: Copies To: proj. No,: From: Thomas Prew, P. E. Routing: Date: June 15.2006 651 292 0083 P.01 1500 Piper daffray Plain 444CedarStreet -.----� Saint Paul, MN 55101.2140 (651)292-4400 (651) 292-0069 Fax viww.tkda.00m Change Order No_ 1R Elevated Storage Tank No. 2 City of Lake Elmo, Minnesota 13253.000 Attached is a signed Change Order from the Contractor for additional work on the water tower project. The change is for a revised conduit routing, size, and number of conduits between the tower and the Public Works building. The revised route saves money by reducing the cost of running conduit inside of the building. We have reviewed it and recommend approval of it. An Employee Owned Company Promoting Affirmative Man and Equal Opportunity JUh4-15-2006 15:32 TKDA CHANGE ORDER 651 292 0083 P.02 TKDA Engineers -Architects -Planners Saint Paul, MN yfav 24 2006 Proj. No. 13253.000 Change Order No. 1R To CBM Coastructors, Inc for Construction of Elevated Water Sto-aee Tank No 2 for C ty of Lake Elmo Minnesota You are hereby directed to make the following change to your contract dated October 18 , 20 05 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (demease) (ae-,-skaage) the contract stun by Three Thousand Two Hundred Sev ive poliars and 00/100....................................... ($ 3,275.00 1. T his change order provides for changes in the worn of Ibis contract according to the attached itemization. IwmR (2) 311 MF schedule 80 PVC accordctgto the attached drawing- 1,N;;ttiii4-/-hCt'i� Amount of Original Contract Additions approved to date (13os. Deductions appmvedto date ('i au. Contract amount to date Attntmt of this Change Order (Add) (Dtdoct) (No Change) Revised Contma Amamt Approved_ City of Lake Elmo, Minnesota Owner $3,275.00 $ 1,I69,000-00 S S 1,169,000.00 $ 3,275.00 S 1,172,275.00 TKDA By l� " tCJiT Chris W. Bryan, P E. C7� Approved !;B&t Cons>znncfors. Ono White -Owner Contractor Pink - Contractor ® Blue - TKDA £6'd 7I1101 EH'd E800 zGe TS9 k)C>U 72:ST 990Z-ST-rT JUN-15-2006 16:17 MKDA ENGINEERS - ARCHITEt"T'S - PLANNERS TKDA 651 292 0083 P.01 RECEIVED 1500 Piper Jaffray Raze 444 Cedar Sheet Sales Paul, MN 55101.2140 (651)292-4400 (651) 292-0083 Fax www.tkda.com Project. No. 13186.000.002 Cert. No. 5 St. Paul, MN, June 15 20 06 To City of Lake Elmo, Minnesota Owner This Certifies that Riley Brothers Construction. Contractor For Water System Interconnect - Phase I Is entitled to Fourteen Thousand One Hundred Eighty -se en Dollars and 83/100--------•--- ---($ 14,187 ) I Ibeina 5th estimate for partial payment on contract with you dated Apri15 2005 Received payment in full of above Certificate. TKDA Riley Brothers Construction, 20 Thomas D. Prew, P.L. RECAPITULATION OF ACCOUNT CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract Erice plus eidras $ 348,626.18 Allprvious paymnts $ 320,121.26 AD previous credits Extra No. Change Order No. 1R $ 10,()00.00 Credit No. $ - AMOUNT OF THIS CERTIFICATE $ 14,187.83 Totals S 358 626.18 $ 334,309.09 $ Thcrc will rcmain unpaid on contract aftcr payment of this Certificate $ 24 317.09 11 $ 358,626.18 $ 358,626,18 $ An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TUN-15-2006 1c:16 TKDR 651 292 0093 P.02 =A Engineers -Architects -Planners Saint Paul, Minnesota 55101 PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No. 5 Period Ending June I 20 Ofi Page 1 of 1 Project No. 13186.000.002 Contractor. Riley BrothersConstruction. Original Contract Amount $348,626.18 Project water System Intercotmec• Phase I Location Ciry ofTake'Pln, tviirmwen+a Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed (C.O. IR) Approved Extra Orders Amount Completed Total Amount Earned This Estimate Less Approved Credits Less 5 %Retained Less Previous Payments Tout Deductions Amount Due This Estimate Suriety St Paul Travelers. Inc. S 341,90431 $ 0.00 S l0,000.00 S 10,000.00 S 351,90431 S 0.00 S 17,595.22 $ 320,121,26 S 337,716.48 Date Date S 14,187,93 Engineer Date June 15 2006 Thomas . Prew, P.E. JUN-15-2006 16:18 TKDR ESTIMATE NO.5 651 292 0083 P.03 PERIOD ENDING: June 1. 2D06 WATER SYSTEM INTERCONNECT - PHASE i CITY OF LAKE EL MO, MINNESOTA TKDR PROJECT NO. 13186,000 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE BASE BID 1 MOBILIZATION LS 1.0 1.0 S 15,000.00 $ 15,DOD.00 2 REMOVE & DISPOSE OF BIT. PAVEMENT SY 210.0 66,0 $ 5.00 $ 330.00 3 SAW CUT BIT. PAVEMENT LF 75.0 71.0 $ 1.00 S 71.00 4 PATCH BIT. PAVEMENT 4" THICK BY 210.0 66.0 $ 18.DO S 1,188.00 5 REMOVE & REPLACE CMP CULVERT LF 70.0 30.0 $ 12.00 S 36000 6 SEEDING, INCL. SEED, FERTILIZER & WOOD FIBER BLANKET BY 9DOX 600.0 $ 1,50 $ 900.00 7 SODDING TYPE LAWN SY 200.0 - $ 2.50 $ - 6 CL-5 TN 30.0 119.0 $ 9.00 $ 1,D71-00 9 BIT. PAVEMENT FOR DRIVEWAY 2" DEPTH TN 154,0 181.12 $ 50,00 $ 9,056.00 10 CONNECT TO EXIST. WATERMAIN EA 1.0 1.0 S 1.200.00 S 1,200.00 11 6" DIP CL-52 WATERMAIN LF 42.0 24.0 $ 33.52 S 811.68 12 8" DIP CL 50 WATERMAIN LF 16.0 12.0 $ 45.80 S 560.32 13 DIP. DRILL 16" (DIP) HOPE DR 17 LF 6,649.0 6,649.0 $ 40.48 $ 269.151.52 14 6" RES. SEAT GATE VALVE & BOX EA 6.0 7.0 $ W8A2 $ 5,218.94 15 8' RES- SEAT GATE VALVE & BOX EA 1.0 1.0 S 1,179.32 S 1,179.32 16 16" BUTTERFLY VALVE & BOX EA 4.0 5.0 $ 2,610.91 S 13,054.55 17 6" HYDRANT (T-6" BURY) EA 6,0 7.0 $ 2,720.14 S 19,040.98 18 MJ DIP COMPACT FITTINGS LB 4,109-0 907.0 $ 3-00 $ 2,721.00 19 TYPE LV3 BIT -NON -WEAR COURSE MIXTURE TN - - S S - 20 TYPE LV•4 BIT. WEAR COURSE MIX TN - 181.0 $ - 5 _ 21 BITUMINOUS MATERIAL FOR TACK COAT GA - - $ - S - 22 TOPSOIL BORROW CY - 130.0 $ - S - 23 SODDING SY - $ $ TOTAL ESTIMATE N0.5 S 3411SM31 TOTAL P.03 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-053 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 1 TO RILEY BROTHERS CONSTRUCTION FOR WATER SYSTEM INTERCONNECT — PHASE I BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 1 to Riley Brothers Construction in the amount of $14,187 for work improvements to the Water System Interconnect Project— Phase I. ADOPTED by the Lake Elmo City Council the 20th day of June, 2006. Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator JUN-15-2006 14:53 TKDA 651 292 O3e3 P.01 �IM Ono ENGINEERS - AfRCWEM - PLANNERS 1500 Plper.laffray Ptia 444 Cedar Street r 5alnt Paul. MN 55101-2140 (551) 292-4400 (651)292.0083 Fax www.tkda.com Pro}. No. 13196.000 Cean. No. 4 St. Paul, MN, June 15 , 20 06 To Ciry of Lake Elmo Minnesota Owner This Certifies that Rile Brothers Constuction. , Contractor For 'Water S stem Interconnect - P se III Tamaca Avenue Stillwater Boulevard d 31 st Streets Is entitled to Two Hundred Twenty-two Thousand -Five Hundred Sixty-one Dollars d 71/100 ($222 561.78 being 4th estimate for partial payment on contract with you dated September 20 _ 2005 I Received payment in full of above Certificate. Riley Brothers Construction 20 T%DA as D. Prelw, P.E. RECAPITULATION OF ACCOUNT CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus Wms $ 612,000-32 All previous payments $ 202,174.16 All previous credits Fora No. Change Order No. 1 S - R „ Credit No. $ 1, ,1 „ AMOUNT OF THIS CERTIFICATE $ 222,561.78 Totals $ 612,000.32 $ 424,735.94 $ - Credit Balance There will remain unpaid on contract after payment ofthis Certificate $ 187,264.38 $ 612,000.32 S 612,000.12 S An Employee Owned Company promolin9 Affirmative Action and Equal OPPOSnlry IL JUN-15-2006 14:53 TKDA 651 292 0063 P.02 TKDA Engineers -Architects -Planners PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No. 4 Period Ending Mai 19 _. 20 06 Page I of 1 Proj. No" 13186.00L- Contractor Rtle®Brotiters Construction Original Contract Amount $612.00032 Project Water Svstem Interconnect -Phase III Jamaca Avenue Stillwater Boulevard, and 31 st Streets Location City of Lake Elmo himaesota --- - Total Contract Work Completed . Total Approved Credits Total Approved Extra Worac Completed Approved Extra Orders Amount Completed Total Amount Earned This Estimate Less Approved Credits Less 5 % Retained Tess Previous Payments Total Deductions Amount Due This Estimate suriety St. Paul Travelers Contractor $ 447,090.46 $ 0.00 $ 0-00 $ U0 $ 447,090.46 8 0.00 S 22.354.52 $ 202,174-16 $ 224,528.68 Datc Date $ 222,561.78 On Engineer Date Jane 15, 2006 Thomas D. PAw, P.E. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-054 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 1 TO RILEY BROTHERS CONSTRUCTION FOR WATER SYSTEM INTERCONNECT — PHASE III (Jamaca Avenue, Stillwater Boulevard and 31" Street) BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 1 to Riley Brothers Construction in the amount of $222,561.78 for work improvements to the Water System Interconnect Project— Phase III. ADOPTED by the Lake Elmo City Council the 20th day of June, i Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator Lake Elmo Agenda Section: Consent Agenda No. 4. H. City Council June 20, 2006 Agenda Item: City Logo Update At the last Council Workshop I presented an estimate to work with Wright Design services to update the city Logo. The current logo was designed about 25 years ago. A Logo is a statement of organizational/community identity that is expressed in an image. The image should clearly communicate the identity of the organization. New signage being developed for facilities such as the water tower and PW equipment as an example are reasons today to hire the identified professional to examine our current Iogo. The Council Committee felt it should move forward for Council consideration and action. Action Items: Person responsible: Motion to approve updating the City Logo, step one, for the Martin Rafferty estimated cost of $1800. Attachments: L11 Rebe= Wright 505137th Avenue S. • Minneapolis, MN 55417.612.722. P 9778 • desiguedwriglrt@mnsrcom April 18, 2006 City of Lake Elmo Estimates for re -branding City of rake Elmo toga, stationery, water tower graphic, signage, vehicle graphics Time estimates based on $100/hr Brandinaogo Research/read background materials on Lake Elmo in order to develop proper look and feel for the city graphics. Design 3-4 logo options for review- includes 2 rounds revisions and follow through to final production Stationery Based on direction chosen for logo, design layouts for stationery- letterhead, envelope, business cards - 2-3 options follow through to final production 800 Dater tower Take photo of a water tower design similar to the one that will be constructed for Lake Elmo and show graphic layout options on the water tower photo 500 Signage Design layout options for "Welcome to the City of Lake Elmo" sign 600 Vehicles Design layout showing logo usage on city vehicles 300 Color print proofs Output of design layouts - $25 per 13" x 19" sheet - estimate 12 300 Estimate total $ 4300 Estimates based on current understanding of scope of work. If significant change develops, a new estimate will be furnished. Thankyou! Becky Wright Designed Wright Lake Elmo Agenda Section: Building/Fire/Maintenance City Council No. 7 A June 20, 2006 BUILDING DEPT. AGENDA 1) Construction activity update for May. 2) Carbon Monoxide detector requirements. 3) Miscellaneous. Action Items• Informational. No action needed. Person re s onsible• J. McNamara Other Other Total Permits Issued 6 Total Building Fees Collected Plumbing 11 $255,600.00 Total Plumbing Fees Collected HVAC 11 Total HVAC Fees Collected Summary Grand Total Fees Surcharge Fee Paid to State SAC Fees Paid to Met Council WAC Fees Paid to Oakdale Misc. Expenses Total Fees Retained Credit Fees to Bldg Credit Fees to Water Credit Fees to Sewer Permits Issued s 14 e Total 161 $9,957,241.00 Building Fees Collected $184,096.54 35 $912,000.00 Plumbing Fees Collected $4,820.00 ziummary HVAC Report $130,761.00 HVAC 45 $590,306.00 w I, � o.uu Total HVAC Fees Collected $5,563.25 $65,649.06 Summary Grand Total Fees —� $194— 4— 7 g $1,488.05 $0.00 Surcharge Fee Paid to State $5,588.86 $0.00 SAC Fees Paid to Met Council WAC Fees Paid to Oakdale $18,600.00 $0.00 Misc. Expenses $6,000.00 $0.00 $64,161_01 Total Fees Retained $164,290.93 $40,384.01 Credit Fees to Bldg $23,400.00 Credit Fees to Water $121,188.93 $377.00 Credit Fees to Sewer $42,500.00 $602.00 t�. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-055 A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING PLANS AND SPECIFICATIONS FOR 2006 OVERLAYS (Irvin Court, Irvin Circle, Isle Avenue, Ivy Court, and Jamaca Court) WHEREAS, a feasibility report has been prepared by TKDA with reference to the 2006 Overlays; and this report was received by the City Council on June 20, 2006. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA: The Lake Elmo City Council will consider the overlay improvements of Irvin Court, Irvin Circle, Isle Avenue, Ivy Court and Jamaca Court, in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated cost of the improvement of $214,250.00. 2. A Public Hearing has been ordered on said resurfacing improvement on the 5th day of July, 2006 at Lake Elmo City Hall, 7:00 p.m. and the clerk shall give mailed and published notice of such hearing improvement as required by law. ADOPTED by the Lake Elmo City Council this 20th day of June, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator FEASIBILITY REPORT 2006 OVERLAYS _ IRVIN COURT, IRVIN `CIRCLE, ISLE AVENUE, IVY COURT, AND JAMACA COURT CITY OF LAKE ELMO, MINNESOTA ""KDA ENGINEERS - ARCHITECTS - PLANNERS Date: June 20, 2006 Project No. 13688.000 1500 Piper Jaflray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651)292-4400 (651) 292-0083 Fax www.tkda.com 11 UL 0 TKDA ENGINEERS •ARCHITECTS•PLANNERS SAINT PAUL, MINNESOTA JUNE 20, 2006 FEASIBILITY REPORT 2006 OVERLAYS IRVIN COURT, IRVIN CIRCLE, ISLE AVENUE, IVY COURT, JAMACA COURT CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 13688.000 I hereby certify that this Feasibility Report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Thomas D. Prew, P.E. License No. 19621 13688.000 2006OVERLAYS IRVIN COURT, IRVIN CIRCLE, ISLE AVENUE, IVY COURT, AND JAMACA COURT CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 13688.000 TABLE OF CONTENTS PAGE NO. I. INTRODUCTION........................................................................................................... 1 11. INITIATION.....................................................................................................................1 111. IMPROVEMENT............................................................................................................. 1 IV. PERMITS AND APPROVALS......................................................................................... 2 V. ESTIMATED PROJECT COSTS.................................................................................... 2 VI. PROJECT FINANCING..................................................................................................3 VII. PROJECT ASSESSMENTS...........................................................................................3 - VIII. RIGHT-OF-WAY.............................................................................................................3 IX. PROJECT SCHEDULE.................................................................................................. 3 - X. STATEMENT OF FEASIBILITY......................................................................................4 XI. RECOMMENDATION.....................................................................................................4 APPENDIX ESTIMATED CONSTRUCTION COSTS........................................................................I............. 1 PRELIMINARY ASSESSMENT ROLL......................................................................................... 1 EXHIBITS..................................................................................................................................... 3 ii 13688.000 2006 OVERLAYS IRVIN COURT, IRVIN CIRCLE, ISLE AVENUE, IVY COURT, AND JAMACA COURT -- CITY OF LAKE ELMO, MINNESOTA I. INTRODUCTION In an effort to keep its streets in good condition, the City of Lake Elmo routinely performs -- timely maintenance to its streets. The City has developed a 5-year Capital Improvements Plan to schedule and budget for these repairs. The Plan was developed by the Public Works Department in conjunction with the Finance Department. The City Council has adopted the 5-year Plan. Irvin Court, Isle Avenue, and Ivy Court were all originally constructed in 1977. Currently, the surface of these streets is in poor condition. The bituminous surface is cracking and potholing. The roadway width is 32 feet (face to face) with bituminous curb. Each street has a cul-de-sac with a 92-foot diameter. As -built record drawings indicate 2 inches of bituminous with 6 inches of gravel base on these streets. Irvin Circle was constructed in 1976. The surface is now in poor condition. Cracking and potholing has occurred on the bituminous surface. The roadway width is 32 feet (face to face) with bituminous curb and a cul-de-sac with a 92-foot diameter. As -built record drawings indicate 2 inches of bituminous with 4 inches of gravel base for this street. Jamaca Court was constructed in the mid-1970s. As -built record drawings indicate that this street was previously overlayed in 1983. This street has experienced cracking and potholing of the bituminous surface. There is no cul-de-sac at the end of the street. 11. INITIATION The City Council initiated this Project. A 4/5th's vote of the City Council is necessary to order this Project. 111. IMPROVEMENT Due to the amount of linear and alligator cracking, evidence of potholing, and break-up of curb, we propose removing the existing bituminous surface (by reclaiming), and 1 13688.000 I I _ incorporating it into the existing gravel base. Subgrade repairs will be made where necessary. The new streets would be repaved with 1-1/2 inches of bituminous base (including bituminous curb) and 1-1/2 inches of bituminous wear course for Irvin Court, Irvin Circle, Isle Avenue, and Ivy Court. The same process is proposed for Jamaca Court, except there will not be any bituminous curb placed on this street. Also, the existing turn -around will be enhanced within the constraints of the existing right-of-way. The new surface will be saw cut and sealed to prevent new random cracks from developing prematurely. In order to preserve existing lawns and minimize restoration costs, new streets with bituminous curb will be somewhat narrower than the existing streets. Restoration with topsoil seed and wood fiber blanket will be done after the street is paved. This Project will extend the life of the streets an additional 15 to 20 years. IV. PERMITS AND APPROVALS A Pollution Control Agency (MPCA) permit for erosion control is required. V. ESTIMATED PROJECT COSTS _ The prices quoted herein are estimates only. The actual cost of the work will be determined through the public bidding process. A detailed cost estimate is located in the Appendix. Item Estimated Cost Estimated Construction Cost $ 189,250.00 Indirect Costs $ 25,000.00 Estimated Project Cost $ 214,250.00 2 13688.000 VI. PROJECT FINANCING This Project will be financed by assessments to benefiting properties and from the City's general levy. Item Amount Estimated Project Cost $ 214,250.00 Assessable Cost $ 54,978.00 City Cost $ 159,272.00 VII. PROJECT ASSESSMENTS The City's assessment policy on street improvement projects is to assess each property uniformly, according to zoning classification. The assessment rate is held consistent year to year, with only an adjustment for inflation. For this Project, all properties are in the R-1 (SRD) zone, and have a proposed assessment rate for this Project of $1,309.00 per buildable lot. There are 42 assessable units on this Project. Vlll. RIGHT-OF-WAY No additional right-of-way is required. IX. PROJECT SCHEDULE The proposed Project schedule is as follows: 1. Feasibility Report Received by City Council 2. Public Hearing 3. City Council Authorizes Preparation of Plans and Specifications 4. City Council Approves Plans, Authorizes Advertisement for Bids 5. Open Bids 6. City Council Awards Bid 7. Contractor Begins Construction 8. Contractor Completes Construction 9. Assessment Hearing June 20, 2006 July 5, 2006 July 5, 2006 July 18, 2006 August 11, 2006 August 15, 2006 August 28, 2006 October 1, 2006 September 1, 2006 3 13688.000 X. STATEMENT OF FEASIBILITY The construction of the street improvements considered in this Report is feasible from an engineering standpoint. The economic feasibility is to be determined by the City Council. XI. RECOMMENDATION We recommend the City proceed with the improvements as proposed. 4 13688.000 ESTIMATED CONSTRUCTION COST 2006 OVERLAYS IRVIN COURT, IRVIN CIRCLE, ISLE AVENUE, IVY COURT, JAMACA COURT CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 13688.000 _ Item Unit Quantity Unit Price Amount Mobilization LS 1 $ 10,000.00 $ 10,000.00 Reclaim Bituminous Surface SY 13,900 $ 1.25 $ 17,375.00 Repair and Adjust Catch Basin EA 6 $ 800.00 $ 4,800.00 Adjust Gate Valve EA 2 $ 150.00 $ 300.00 Grade Gravel Base IRS 37 $ 150.00 $ 5,550.00 _ Bituminous Base Course TN 1,346 $ 50.00 $ 67,300.00 Bituminous Wear Course TN 1,230 $ 55.00 $ 67,650.00 Tack Coat GAL 745 $ 3.00 $ 2,235.00 _ Bituminous Driveway Patching SY 390 $ 20.00 $ 7,800.00 Saw And Seal Pavement LF 2,600 $ 1.65 $ 4,290.00 Seeding, Incl. Seed, Fertilizer, and _ Wood Fiber Blanket SY 650 $ 3.00 $ 1,950.00 Total Estimated Construction Cost $ 189,250.00 13403.001 N O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F- LLI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m m m m m m m m 0 0 0 0 0 m m m 0 0 0 0 0 0 Z M (`') r t"{ M co M m M M m M M M M M M M M M M co _ y r r r r r r r r r r r r r r r r r r r r J W W (0 a Q s3613e3�e &9.61 61)696%636»e>v ca4va1»GPI s3E»vav3I�aGaUr(ae3esva»(46% F- z M M ti V M N r 0 W O O W I- W CO W 7 0 M M I, r W N CO N C- M W N O C` W N N N N N N N N r r N M N N M N N M N M N N p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 7 m M MI-,Zr M V V m M m M m M m M M M V IT (.i MMMMMMMMMM MM MM V d'� V d' V �7 V 7 V 7�7 7� V r r O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N W W 01 (A 01 (A (A (A m T m (A m W m O W (A W O (A (A O W O (A O (A W (A (A (A N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O CO WCO -1 MO O O O O O O O O O O O W O O W O - - - - -r r r r r r r r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O m m M LO 0 n m m m 0 m to 0 m W o M o M Lr)LO M 10 t0 LO M tO 0 o o LO l0 to � W � tO LO � Cn Ln � M CO tO CO W tO to � W � � � 1O � to 1O tO W W 0000000000000000000000000000000 Z 2i222i�E2i�E2E222 J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J � W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W N W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W ¢¢¢¢¢¢¢¢a¢¢a¢¢g¢¢¢aaa¢¢a¢aa¢¢¢g O Q J J J J J J J J J J J J J J J J J J J J J J J J J J J J J U p r Q 0 zzzzzzzzzzz zz t- F- F- F- F- F-F-i-- rrrrr~ Zz Zz zZZZ ZQ UUUUUUVUUUUUUUWW��WW��WW����rZZ ¢¢¢¢¢¢¢¢¢¢¢¢¢¢»��»UU»UUUUU z ¢aaaaaaaaaaaaa¢¢zz¢¢zZ¢¢zzzzzuo W rC cG rG cG J J > > J J > > J J > > > > > ---------------- r- NWMMOW MM r- _-O M O Mo O 0 r- M ON_ M_ 7 h W ON W W O O O r r r 0 0 0 O O O O O O O N N N = v J ¢ W w 00, W � (7 = Z W � U 00 z w W C9 JI w�Z W ZO� W W Z W �o a Yz J¢=OW 0-owzo}o Ww W Z C) °� W W =¢ 2 �(=j�ZO w}EY p�m gym. c �U> �co Q °� zU)F Zcl) of J¢�U J��<0Z W� � ` � 0 m �0W UZ2E�Cwjp¢ W �c¢i�c¢U¢�Zz¢�mF�Z= m W U) 00p z }°��z¢EO>CeOSW SSW Em—W z W Ir W ¢ate W O 0 w F-H W a�wU)zO�Om05ces(¢»��W z=a��¢�a�w�°�0<<O=Q W } U mH W J�22F-J¢>�Y=F-.dam, Y=o3�caw�>�C9¢U0� [Y YJ W �xsJ= Jo>°6> IL-6� xs¢�WwU¢=.axs'?J¢Y W W O W j Y (A w w¢ w U U 0 Z Q J Y Z }>¢ U~ Q Z Q U w= J o0a¢ ¢¢�oF-J¢-__E�o <W<<w wOJ�w¢JQ-oo a 0 D OW m m<n� E F m m J 0 2 o n 0 (n � m 2 U m Y a¢ n L" �oC) O O¢ Y Z r N M ItCn CO i,-W M O � N M V o W f- W O N M V o L U N� I— r N V to CD r W O r r r r r r r r r N N N N N N N N N M M M M M I N 0 O N J O O O O O O O O O O O O } F 0 0 0 0 0 0 0 0 0 0 0 Q' Z m m m 6i m 6i m m m m m O O O O O O O O O O O Z U) t--M MM `-`- �U) _ y J W W fA Q' a a < 6% 6% 6% e "e % C4 G» eS (A 64 % U) F- z W m. W N N N N N O O O O O O O O O O O 00O O O O O O O O O O V Vq co co N U 'It 'It V 7— V-- V V— O N N N N N N N N N N N W NNN NNN N N N N N 0 0 0 0 0 0 0 0 0 0 0 m m m m O) m m m m m m 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N 7 V�t V V V It V Vt V 0000000000 Lommmmmmmmm m M LO M m 0 lO m n in 00000000000 Z Of W W W W W W W W W W W aaaaaaaaaaa U Z zz z z a zzzF- F- ZZ�-Z z Z ~U U U UUCZzoozUzU o W } } } > > } } > } > } Q y > > > K K > > 0� > Of > ocn00)nLO1�w0Un CO Vt -It(O 00 t0 CO M J w N N N N N N N N N N N 0 Z = U O Cl) z W m} 0 z U W O m CO ca O Z W J K Y O Z U of O �a2F-a�w W_ Z_ f-Z CC) YU�DLLI ULL,> m W z a a W S Z O g z W =COZazo << �� Z Z Z W O W� o� Q .6 W w¢ Lt1 ��, 1- PC) �.6CO��aLLJ mm W a❑ W a—.w m�v5�o W O cj�U zF-W W ~��0�>-> 2 ix co CD 00() CO < cj<00 Ow=U0c~i7 f- oo Q Y. Z CO n W M Ce) ;t LO GO U NH mmmmIt d <rvvv ... . . .... 44 x/\�� � «+.�: .y: � . \� � \y <%�� �\ƒ /~%^ ��� � � \\/�\\� \ d��.��. }� \ � � � � � �� I I I I 7m r d to CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-056 A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING PLANS AND SPECIFICATIONS FOR 2006 MSA RESURFACING (45TH Street, Julep Avenue, and 47th Street) WHEREAS, a feasibility report has been prepared by TKDA with reference to the MSA Resurfacing,, and this report was received by the City Council on June 20, 2006. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA: 1. The Lake Elmo City Council will consider the resurfacing improvements of 45th Street North, Julep Avenue, and 47th Street, in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated cost of the improvement of $335,400.00. 2. A Public Hearing has been ordered on said resurfacing improvement on the 5th day of July, 2006 at Lake Elmo City Hall, 7:00 p.m. and the clerk shall give mailed and published notice of such hearing improvement as required by law. ADOPTED by the Lake Elmo City Council this 20th day of June, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty City Administrator FEASIBILITY REPORT 2006 MSA RESURFACING 45th STREET, JULEP AVENUE, AND 47th STREET CITY OF LAKE ELMO, MINNESOTA Date: Project No. mpqmmwKDA ENGINEERS • ARCHITECTS - PLANNERS June 20, 2006 13687.000 1500 Piper Jeff ray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651)292-4400 (651) 292-0083 Fax www.tkda.cam TKDA ENGINEERS• ARCHITECTS• PLANNERS SAINT PAUL, MINNESOTA JUNE 20, 2006 FEASIBILITY REPORT 2006 MSA RESURFACING 45th STREET, JULEP AVENUE, 47th STREET CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 13687.000 I hereby certify that this Feasibility Report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Thomas D. Prew .E. License No. 196 1 13687.000 W-- M- I 2006 MSA RESURFACING 45TH STREET, JULEP AVENUE, 47TH STREET CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 13687.000 TABLE OF CONTENTS PAGE NO. I. INTRODUCTION....................................................................................... 1 II. INITIATION.....................................................................................................................1 III. IMPROVEMENT..............................................................................................................1 IV. PERMITS AND APPROVALS.........................................................................................2 V. ESTIMATED PROJECT COSTS.....................................................................................2 - VI. PROJECT FINANCING...................................................................................................3 VII. PROJECT ASSESSMENTS............................................................................................3 VIII. RIGHT-OF-WAY..............................................................................................................3 _ IX. PROJECT SCHEDULE...................................................................................................3 - X. STATEMENT OF FEASIBILITY.......................................................................................4 XI. RECOMMENDATION.....................................................................................................4 APPENDIX ESTIMATED CONSTRUCTION COSTS.......................................................................................1 PRELIMINARY ASSESSMENT ROLL..........................................................................................1 EXHIBITS.....................................................................................................................................5 ii 13687.000 rL- ML M- 2006 MSA RESURFACING 45TH STREET, JULEP AVENUE, 47TH STREET CITY OF LAKE ELMO, MINNESOTA I. INTRODUCTION In an effort to keep its streets in good condition, the City of Lake Elmo routinely performs timely maintenance to its streets. The City has developed a 5-year Capital Improvements Plan to schedule and budget for these repairs. The Plan was developed by the Public Works Department in conjunction with the Finance Department. The City Council has adopted the 5-year Plan, M.S.A.S. Route No. 104 from Jane Road to Keats Avenue was constructed in 1984, and continued from Keats Avenue to Kimbro Avenue in 1988. Currently, the surface of these streets are in poor condition. The roadway has experienced cracking and potholing of the bituminous surface. The entire route is 6,560 feet long. The roadway width is 24 feet with 4-foot gravel shoulders from Jane Road to Keats Avenue. The roadway is 24 feet wide with 4-foot bituminous shoulders from Keats Avenue to Kimbro Avenue. As -built record drawings indicate that there is 3-1/2 inches of bituminous with 6 inches of gravel base placed on the 1984 section, and 3-1/2 inches of bituminous with 8 inches of gravel base placed on the 1988 section. Resurfacing of these streets would be eligible for State Aid Funds. II. INITIATION The City Council initiated this Project. A 4/5th's vote of the City Council is necessary to --- order this Project. III. IMPROVEMENT Due to the amount of cracking and number of potholes from Jane Road to Keats Avenue, we propose removing the existing 3-1/2 inches of bituminous surface (by reclaiming), repairing the subgrade where necessary, and repaving with 2 inches of bituminous base and 1-1/2 inches of bituminous wear course. Also, in accordance with the Mn/DOT Bikeway Manual, we propose 4-foot paved shoulders, which is the minimum width to accommodate bicycle traffic. The street will be re -striped in accordance to Mn/DOT 1 13687.000 M requirements. In order to reduce the impact and cost of paving the shoulders, the street would have 11-foot wide driving lanes. The roadway from Keats Avenue to Kimbro Avenue was constructed four years later and has an additional 2 inches of gravel base. Therefore, there are fewer distresses than the roadway constructed in 1984. For this segment, we propose a 2-inch overlay of bituminous wear course. All areas of major cracking or potholing will be removed 4 inches deep and replaced with bituminous base course prior to the overlay. Prior to performing this work, the streets will be reviewed for any subgrade correction that may be necessary. The new surface will be saw cut and sealed to reduce random cracks -- from developing prematurely. This Project will extend the life of these streets an additional 15 to 20 years. IV. PERMITS AND APPROVALS Minnesota Department of Transportation (MDT) — Division of State Aid approval is required. Minnesota Pollution Control Agency (MPCA) permit for erosion control is required. V. ESTIMATED PROJECT COSTS The prices quoted herein are estimates only. The actual cost of the work will be determined through the public bidding process. A detailed cost estimate is located in the Appendix. — Item Estimated Cost Estimated Construction Cost $ 279,400.00 Indirect Costs $ 56,000.00 Estimated Project Cost $ 335,400.00 2 13687.000 VI. PROJECT FINANCING This Project will be financed by assessments to benefiting properties and from Municipal State Aid Construction Funds. The project costs will be 100% State Aid eligible. We have sufficient funds in our Municipal State Aid Account to finance this Project. VII. PROJECT ASSESSMENTS The City's assessment policy on street improvement projects is to assess each property uniformly, according to zoning classification. The assessment rate is held consistent year to year, with only an adjustment for inflation. For this Project, all properties are in the RAID, and have a proposed assessment rate for this Project of $1,832.00 per buildable lot. There are 12 assessable units on this Project. Vill. RIGHT-OF-WAY No additional right-of-way is required. IX. PROJECT SCHEDULE The proposed Project schedule is as follows: 1. Feasibility Report Received by City Council 2. Public Hearing 3. City Council Authorizes preparation of Plans and Specifications 4. City Council Approves Plans, Authorizes Advertisement for Bids 5. Open Bids 6. City Council Awards Bid 7. Contractor Begins Construction 8. Contractor Completes Construction 9. Assessment Hearing June 20, 2006 July 5, 2006 July 5, 2006 July 18, 2006 August 11, 2006 August 15, 2006 August 28, 2006 October 1. 2006 September 1, 2006 3 13687.000 X. STATEMENT OF FEASIBILITY The construction of the street improvements considered in this Report is feasible from an engineering standpoint. The economic feasibility is to be determined by the City Council. A. RECOMMENDATION We recommend the City proceed with the improvements as proposed. 4 13687.000 APPENDIX r: , ESTIMATED CONSTRUCTION COST 2006 MSA RESURFACING _ 45TH STREET, JULEP AVENUE, 47TH STREET CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 13687.000 — Item Unit Quantity Unit Price Amount Mobilization LS 1 $ 15,000.00 $ 15,000.00 Reclaim Bituminous Surface SY 10,530 $ 1.50 $ 15,795.00 — Bituminous Patching (4" Depth) SY 550 $ 15.00 $ 8,250.00 Grade Gravel Base RS 40 $ 225.00 $ 9,000.00 Bituminous Base Course TN 1,725 $ 50.00 $ 86,250.00 — Bituminous Wear Course TN 2,300 $ 55.00 $ 126,500.00 Tack Coat GAL 1,120 $ 3.00 $ 3,360.00 Saw And Seal Pavement LF 5,250 $ 2.00 $ 10,500.00 — 4" Solid White Line (Latex Paint) LF 13,120 $ 0.20 $ 2,624.00 4" Solid Yellow Line (Latex Paint) LF 8,000 $ 0.20 $ 1,600.00 4" Broke Yellow Line (Latex Paint) LF 2,600 $ 0.20 $ 520.00 Total Estimated Construction Cost $ 279,399.00 13403.001 W, LL� J J 0 w F- z LU1 N W U) a a z J w a O 0 N O N w z 0 w Q F- w w w r` v LL Z) z w Q. W J F- W W rr F ♦- = x 0 Lo W V o Z r` Z(D� � Z M oa� Iwo J Q z W D F Y w w <WO O 2 a a 0 UNt- d E R z 61 z 000000000 000000000 N N N N N N N N N M M M M m m M M M N O:i OJ OJ O7 O O W O r r r r r 0 r r r CG GP V9 r» E» 693 Go 6% b4 6n r r r r r (p r r r O 0 0 0 0 0 0 0 0 0 0 0 0 o O O o O o O o 0000000000 M NN N N N N N N N N N N N m O OJ W O O m N 0 0 N N N N N N N N N N O O O O O O O O O O O O O O O O r N N N N N N N N N N '7 a <F dt It V 't It �t 7 0 0 0 0 0 0 0 0 0 0 In In ICJ m m In LO M lob LO LC) In ICJ LO LO LO Lo L') LO In 0000000000 J J J J J J J J J J W W W W W W W W W W W W W W W W W W W W Y Y Y Y Y Y Y Y Y Y aaaaaaaaaa J J J J J J J J J J 2 2 2 2 2 2 2 2 2 2 F-F-F-I-F-f-F-hF-F- 0 0 0 0 0 0 0 0 0 0 zzzzzzzzzz w w w w z w w w w w wwwwzwwwww w w w w z w w w w w 2 x x 2 W 2 x 2 2 x IS I~CJ t~CJ I~fi � � r- ti � v�rvv�Ica' v�TvIt In W OJ M 16 ICJ (`MJ c N C) N F- n N N M � In M m n 0 0 0 0 0 O O W W C W w F- z LL �OzO ZWWW ZFLLJw-.OO a 2 2 2 W 0 c } U) K U)� Of Z U Q W W W Z Q J J a w. CO 0] 07 a O' W S W J °6wWw�0-6ax0 (9 zzz. W �oi5> z aaa LL W �wp US }o00605<W Y W j-F- a J U D jj� ll� azzzm�-Raww co m CO 2 2 x w>~ O O m 02aa 0000.OfOf0 r N M V' ICJ CO I- W O r0 v ffL, M� em, CITY OF LAKE ELMO EXHIBITS 2006 MSA RESURFACING EXHIBIT A - SHEET 1 EXHIBIT B - SHEET 2 EXHIBIT C - SHEET 3 EXHIBIT D Q) -,/? � 4"- PROJECT LQCATION TKDA J U N E 205 2006 ENGINEERS• ARCHITECTS- PLANNERS TKDA PROJECT NO. 13687.000 I I I I la MR,. Syr E k Wf bK chk, '`Ye 4w Li r JUN-15-2006 14:24 TKDA 651 292 ooe3 P.01/01 rune 15, 2006 TMr A D ENGINEERS • ARCHTECTS - PLANNERS Honorable Mayor and City Council City of Lake Elmo, Minnesota Re. Approve Plans and Specifications Northern Watermain Extension City of Lake Elmo, Minnesota TKDA Project No, 1.3552.000 Dear Mayon' and City Council; 1500 Piper Jaffray Plaza 444 Cedar Street saint Paul, MN 55101-2140 (651) 292.4400 (651) 292.0083 Fax www. tkda.cum Plans are complete for the Northern Watermain Extension Project. As you may recall, this project extends the watermain from Sanctuary to Discover Crossing; and from Discover Crossing to Bidden Meadows. We have agreed on an easement location with the property owners involved, although we are still working through the easement acquisition process. We would like to receive bids on this project now, so that when the easements are acquired we will have a contractor ready to start. We will not award this project until we are certain that the easements will be acquired, City Council Action Requested Approve a resolution approving plans and specifications and authorizing the advertisement for bids. Sincerel Thomas D. Prew, P. E. City Engineer TDP : cme An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TOTAL P.01 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-057 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS NORTHERN WATER MAIN EXTENSION (Project extends the water main from Sanctuary to Discover Crossing and from Discover Crossing to Hidden Meadows) WHEREAS, the City Engineer has prepared plans and specifications for the Northern Water Main Extension and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. Th City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at the July 18, 2006 Council meeting, in the Council chambers of the City Hall, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the clerk for 5% of the amount of such bid. ADOPTED BY THE COUNCIL this 20th day of June, 2006. Dean A. Johnston, Mayor ATTEST: Marlin J. Rafferty, City Administrator JUN-15-2006 15:26 TKDR TKPPM ENGINEERS • AROHFFTs • PI.MMERS MEMORANDUM RECEIVED To: Lake EImo City Council Reference: Copies To: 1Proj. No.: From: Thomas Prew, P. E Routing: Date: June 15, 2006 651 292 0083 P.01i01 �) 15W Plper Jattray Plaza 444 cedar Sheet Saint Paul, MR 56101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.cam Kauthold Grading Permit Public Hearing City of Lake Elmo, Minnesota 13593.000 h?r. James Kaufhold has submitted a grading permit which is over the threshold that requires a Public Hearing. The plans have been reviewed and approved by both the City and the Valley Branch Watershed District. The project involves leveling material left from filling done by a previous owner, and improving the drainage in other areas. The project will not create any new impervious surface. When completed, the graded area will be farmed, or simply left as grass. We recommend approval of the grading permit in accordance with the plans on file, and subject to a $1,500.00 escrow. This escrow would be released once the turf is established and no erosion is evident. An Employee Owned Company Promoting Afrmallvo Action and Eoual Opportunld TOTAL P.01 Crry 6f LAKE ELMO City of Lake Elmo 65 -1 777-5510 3800 Laverne Aver)ue North /'Lake Elmo, MN 55042 CITY OF LAKE ELMO Washington County, Minnesota NOTICE OF PUBLIC HEARING The Lake Elmo City Council will hold a Public Hearing on Tuesday, June 20, 2006 at 7:00 p.m. at City Hall, 3800 Laverne Avenue North, Lake Elmo, Minnesota, to consider the application of James Kaufhold, 9999 l Oth St. N., Lake Elmo, for a grading and excavating permit that results in the moving of 3,000 cubic yards of material in order to raise the southwest comer of the property to match the South East part of lot and to raise the north west corner so that the water does not pond. Pursuant to the Lake Elmo City Code, Section 505.03, Subd. 9A, any grading and excavating plans that result in the moving of 400 cubic yards of material per acre requires a public hearing and approval of the City Council. All persons who wish to be heard regarding this grading and excavation permit will be given that opportunity at this public hearing. Written comments will be accepted up until the time of the public hearing. Sharon Lumby City Clerk Published in the Friday, June 2, 2006 Lake Elmo Leader printed on recycled paper City of Lake Elmo DEVELOPMENT APPLICATION FORM r ee "h--1 . ❑ Comprehensive Plan Amendment Zoning District Amendment Text Amendment ❑ Flood Plain C.U.P. Conditional Use Permit ❑ ConditionaI Use Permit (C.U.P.) APPLICANT: =lam —' � , 19 (Name) TELEPHONES: is.11C - .3yr' = ❑ Variance * (See below) ❑ Minor Subdivision Lot Line Adjustment ❑ Residential Subdivision Sketch/Concept Plan ❑ Site & Building Plan Review (Mailing Address) ❑ Residential Subdivision Preliminary/Final Plat O Oi —10 Lots O 11— 20 Lots O 21 Lots or More �a�a�ir�g`�c"C°�r�ding3'ermit z ❑ Appeal (Mobile) (Fax) ism (zip) FEE OWNER: (Name) (Mailing Address) (Zip) TELEPHONES: (Work) (Mobile) (Fax) PROPERTY LOCATION (Address and Complete (Long) Legal Description): 5;��J;7 le, 7: /6 �prd ,�27 TZz-ryas' Cao - p -t rZ SG '% - cP7a9'-:4a' "7-Z& Pi - DETAILED REASON FOR REQUEST: '% 150- ✓,& •✓E Gt A-57, zr-�D / 7iiE IVA) &ezo:. ei. 6n 727,47- 2` 07 za cf-zly Og7- UPI A Aug W AAO t, -,yA " � A-e &)_T"L0u` AKSC Me-= i 16 u��Tez corC sfo-1 pe css) Pf-Ag at '*VARIAN.CE,R'EdHESTS: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the Applicant must `.deinonsirata a hardship before a variance can be granted. The hardship related to this application is as follows: Ccsfiri: av :+�� f,4f✓o k%-r vEsr pc,o �er� `f,, /.r�-7c'€. fie12 c�ov e2r�✓ �' �l es r�-ty+.—. <'e�ysr�✓nez�- &la Av z' 9 c..i..S In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. I farther acknowledge the fee explanation as outlined in the anplication procedures and hereby agree to pay all statements received from the City pertaining to additional application expense. ( -6 S ature of Applicant Date Signature of Applicant Date 10/12003 City of Lake Elmo • 3900 Laveme Avenue North • Lake Elmo • 55042. 651-777-5510 • Fax 651-777-9615 6?,g A?c'7tsR/S?sp '%b f�`.N��•.`a Zi 145 JT f�5 d/t�G✓. �y.Z sta,9-,u7-iP D3O LL11LG .@cl.'aO '7•i/G dliWW7�?.� /'IP.%s7. }'{tj�"S TAd'.D ✓%7.$rK'E E%/vu�fv� asrc z a�fe>I cl 4-57- E^AefP-ATY �P c' so —•;4F as'_ Ge%,,?EA DID r{�?ti 3"-a "M VOOrl '60r "GF1"! vN 40WAas r jw4pw=:V, Pr smys ow l70/ yoxgp?w jj - Sowv �?ZKz NG nokror- &Via ?/W/1) a.1 ',Gt/�Etc arsc^ 'f �' ��✓=lam• /C3',U55 7`4,*7- fs ''j� �2 i ®a u:s T �7✓io�/al% NC7 ZFzs4e 6r- (/ ff TlZ$zFi e- f!ems n�c �llrec',� tur. .Jlit`�D r`%i;s• fg s��L� F-E t� �.c��s `� G?�z,, -Pica /eQv41_e, B �'rf G�3bc itsex i NEi�kTae&S f /i'1 fN"='FZ/AL is 43l i. t, jf(,LtF 2.. `.�q'%s4AL CDiB*ki € w, M. RAN 71 Tel- INSTALL 2,850 YDS '--TYPE 4 EROSION 194 CONTROL BLANKET (NAG SC150) It" ,Q 110 +940.2 JUN-15-2006 14:52 TKDA 651 292 0083 P.01i01 jmDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: Lake Elmo City Council Copies To: From: Thomas Prew, P E. Date: June 15, 2006 r�L1' 1i " ," 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292.0083 Fax www_tkda.cam Reference: Krueger Grading Permit Public Hearing City of Lake Elmo, Minnesota Proj. No., 13593.000 Routing: The Kraeger's have submitted a grading permit which is over the threshold that requires a Public Hearin,. The plans have been reviewed and approved by both the City and the Valley Branch Watershed District. The project involves removing soil from a small hill near their garage and using it to level an area near Lake Elmo Avenue_ The level area will be seeded and have turf in the summer. In the winter, it will be used as a parking area for holiday tree sales. The project will not affect any drainage patterns, or create any new impervious surface. We recommend approval of the grading permit in accordance with the plans on file, and subject to a $1,500.00 escrow. This ;.scrow would be released once the turf is established and no erosion is evident. An EmPloyee Owned company Promoting Affirmative Action and Equal OppoAUnity TOTAL P.01 L City of Lake Elmo 651f777-5510 3M0 1 averne Avenue North ! ' ake cimo, MN 55042 CITY OF LAKE ELMO Washington County, Minnesota NOTICE OF PUBLIC HEARING The Lake Elmo City Council will hold a Public Hearing on Tuesday, June 20, 2006, 7:00 p.m. at City Hall, 3800 Laverne Avenue North, Lake Elmo, Minnesota, to consider the application of Neil Krueger, 4452 Lake Elmo Avenue N.., Lake Elmo, for a grading and excavating permit that results in the moving of 1,806 cubic yards of material in order to provide a larger flat area for Christmas tree sales and better parking. Pursuant to the Lake Elmo City Code, Section 505.03, Subd. 9A, any grading and excavating plans that result in the moving of 400 cubic yards of material per acre requires a public hearing and approval of the City Council. All persons who wish to be heard regarding this grading and excavation permit will be given that opportunity at this public hearing. Written comments will be accepted up until the time of the public hearing. Sharon Lumby City Clerk Published in the Friday, June 2, 2006 Lake Elmo Leader rip printed on rerycled paper City of Lake Elmo DEVELOPMENT APPLICATION FORM Fee $ 1061,60 ❑ Comprehensive Plan Amendment ❑ Variance T (See below) ❑ Zoning District Amendment ❑ Text Amendment ❑ Flood Plain C.U.P. Conditional Use Permit ❑ Conditional Use Permit (C.U.P.) APPLICANT: IVE-IL. gA.Ie4EA, (Name) ❑ Minor Subdivision Lot Line Adjustment ❑ Residential Subdivision Sketch/Concept Plan ❑ Site & Building Plan Review ` +S-L 44V-,e Cu-KO 14UY AJ (Mailing Address) ❑ Residential Subdivision Preliminary/Final Plat O 01-10 Lots O I 1- 20 Lots O 21 Lots or More Q Excavating & Grading Permit ❑ Appeal 4, of TELEPHONES: (dome) (Work) (Mobile) (Fax) Um SS-0 ¢Z (zip) FEE OWNER: (Name) (Mailing Address) (zip) TELEPHONES: (Home) (Work) (Mobile) (Fax) PROPERTY LOCATION (Address and Complete (Long) Legal Description): 44SI L4vC G&Inc 4v= /U " SECT- it Tvl°io-02q R"GE-az> Pt EVZ--Sc/4- 9-cC.11 17-1Rzl L-�OPUG A)LLJ OF cfL aFCup:PFnsT e)ciSl E-Lo AJw /z1uou,1 AF 43R® DETAILED REASON- FOR REQUEST: Wc- WAA3s !o Ppcyioc A �'4`C-� F4-4 Aq�} R)< Ct-wiSryK4s- TRee S4i-Es Avo Bee-,--, 4Rourvo )its iA)aS-r 10e OF Ti{c /AEFC- 6,47eN i ti LL 144L/a 13e-rr�K 'Dg-44A14 c-- '*VARIANCE REQUESTS: As outlined in Section 301,060 C. of the Lake Elmo Municipal Code, the Applicant must demonstrate a hardship before a variance can be granted. The hardship related to this application is as follows: In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee exulanation as outlined in the anplication procedures and hereby agree to Dav all statements received from the City pertaining to additional application expense. a Signature of Applicant ! Date Signature of Applicant Date 10/12003 City of Lake Elmo • 3800 Laverne Avenue North • Lake Elmo • 55042.65I-777-5510 • Fax 651-777-9615 Neil and Deb Krueger Site Restoration Plan • The original topsoil will be spread over the entire site. • The site will be seeded with a mix of grasses for quick growth by Kevin Moelter Landscaping. • Field stone wails will be hand built around the trees where needed to protect the root systems and for aesthetics. • Evergreen trees along with shrubs and perennials will be used throughout the site to soften the impact of the grade changes. • 1-2 inches of recycled gravel will be used in the area south of the existing tree barn and on the field road driveway. Neil Krueger 5-15-66 i i r_ 2 � � a s. °fi e' E ' f g . �. ... iA 4 - < b { x Y. I i 3 ! i tE gi Ova- a d g� ffi x ,- 7-7 l v �� Nei{ & Deb Krueger 4452 Lake Elmo Av. Lake Elmo, MN 55042 Phone: 651-439-9186 Email: ndknreger@msn.com Parking Lot, Driveway, & Tree Staging Project: Area Lake Elmo, MN PARKING, DRIVEWAY. & TREE STAGING Item No. Description Miller Excavating,, Inc 3636 Stagecoach Trail North Stillwater, MN 55802 Phone: 651-439-1637 Fax: 651-351-7210 Web: www.millerexc.com Date: May 19, 2006 By: Steve St Claire Estimated Unit Unit Ouant@v Prim dmnunt 1 Silt Fence(regular) LF 250 2 Strip Topsoil & Stockpile Onsite CY 700 3 Grade Hill to Fill Low Area in Parking CY 1,800 4 Haul In, Grade, & Compact 6" CL # 5 Recycle TON 750 5 Reqrade Topsoil CY 700 6 Salvage & R rade Gravel (where Possible) CY 200 7 Salvage & Reinstall Culvert EA 1 Total $13,850.00 CALCULATIONS Section Dimensions Area Unit Volume CY Area 1 75' x 40' x 2.V 3000 SF 6,000 222 Area 2 85' x 40' x 2.75' 3400 SF 9,350 346 Area 3 90' x 40' x 4.0' 3600 SF 14,400 533 Area 4 100'x 40' x 4.75' 4000 SF 19,000 704 Toted CY Cut 1,806 Area 5 160' x I W x 2.5' Area 6 100' x 20' x 2.5' 17500 SF 43,750 1620 2000 SF 5,006 185 Total CY Fill 1,806 NOTES 1. All quantities are truck measure by weight. 2. Payment due within 30 days of initial invoice. Balances over 30 days will accrue a 1.5% monthly charge. 3. Trees, fence, and walls by others. Prepared by: Steve St Claire, V.P. Date` May 19, 2006 Accepted By: Date: Neil & Deb Krueger Ju,vC Zo `2' Cou,vct L M7-r,, Water Main Installation 43Fd Street A#V10b • West property survey marker was buried or destroyed during installation. Barry Stack set the original marker. • The field road 1/8 mile from Lake Elmo Ave originally had a gravel base and now has fill dirt only. ® The fire hydrant 1/8 mile from Lake Elmo Ave is set too high with dirt mounded around it. This causes a narrow and sharp ditch bottom. This is not the grade of the original ditch. • The ditch across from Steve Potts field road needs to be dressed with black dirt and is eroding. • The final grade of the ditch must be returned to the original grade. We have knowledge of the original grade because we have been turning our equipment around here for the past 25 years. RECEIVED 'ri&DA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: Jim McNamara Copies To: Martin Rafferty From: Thomas D. Prew, P. E. Date: June 20, 2006 "UN 2 1 M 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651)292-4400 (651) 292-0083 Fax www.tkda.com Reference: Septic Pen -nit 5751 Hvtrail Avenue Proj. No.: Routing: City of Lake Elmo, Minnesota 13593.000 As requested, we reviewed the Pen -nit Application for a septic system at the above address. Because of the history on this lot, a review of the previous work done and previous approvals is needed. History Because of previous filling and poor soils, this lot and the two to the south, received City Council approval for a performance based septic system in 2000. This plan was designed by North American Wetland Engineering (NAWE). Included in the approval was a plan for monitoring and mitigation. The mitigation plan included procedures for repairing and expanding the system should it not perform correctly. According to NAWE this system was not built according to the plan. As a result, mechanical difficulties have plagued this system and created a difficult situation for the property owners. Current Proposal The property owners have submitted a Permit Application asking to abandon the existing pretreatment system and drainfield and construct just a drainfield. The septic tanks would remain, with one tank being converted to a filter tank. They have submitted a completed site design and wish to have it approved. Design Review The soils on this site have always been the concern. The original design, approved by the City Council, was conservatively designed to allow for variations in the fill soil. A review of the two designs is listed below. Proposed Design Approved Design Design Flow 450 GPD 750 GPD Disposal Area 1,000 SF 10,000 SF Pretreatment None Sand Filter The soil borings between the approved system and the proposed system differ somewhat. The approved design lists the soil as fill with a high water table and clay below the fill. The proposed design does not list the area as fill, does not specifically detail the water table and shows sand below 48 inches deep. Based on An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Septic Review 5751 Hytrail Avenue Page 2 6/20/2006 the history of these lots, I would recommend that 2 test pits be dug for the City to accurately assess the soils before approval be given for a new system. Mitigation Plan A performance based system is required to have a Mitigation Plan, this plan lists the steps to be taken if the system has problems. The approved plan has a detailed mitigation plan that centers on repair of the system and expansion of the disposal area to the back yard if the front yard system has problems. The proposed mitigation plan only states that the owner sha_l_ add on to the system, it does not detail how or where. Recommendations I would recommend that the proposed plan not be approved as it does not provide the same level of treatment or infiltration area as the originally approved design. The ability to pre -treat the wastewater and the very large drainfield were the main reasons this lot were given the original approval. I believe the system should be repaired to operate as designed and approved. There is a significant investment in these systems and they shouldn't be abandoned without an attempt at repairing them. If problems still persist the approved mitigation plan should be followed. I do not believe the proposed system will provide long term solution. However, if the City chooses to allow the applicant to proceed with the proposed design I would recommend that two test pits be dug to confirm the applicants soil borings and that the monitoring and mitigation plans be resubmitted with better detail and more stringent reporting. Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9B City Council June 20, 2006 Agenda Item: Zoning Variances — 9429 Jane Road (Hamerly) Background Information for ,Tune 20, 2006: At its meeting June 12, 2006 the Planning Commission conducted the Public Hearing and unanimously adopted a recommendation for approval of street yard (front) and side yard setback variances to enable the applicant to raze an existing detached garage and replace it with a new attached garage in nearly the same location on the site, but designed to provide indirect access onto Jane Road rather than the present requirement that the residents' vehicles back directly onto Jane Road from the existing garage. The Commission added a design modification as an additional condition to the approval recommendation that would require the applicant to encroach no further on the side setback (including eaves) than the existing garage encroaches - to approximately 5 feet of the property line (footprint, excluding eaves). This additional condition will result in some modification to the design of the proposed attached garage, and is added to the draft approval Resolution attached. The City received the attached letter from the property owner to the south of the applicant (the side where the setback variance would occur) following the Planning Commission meeting/Hearing. The letter clearly states that the neighboring property owner (the party most impacted) supports the variance requests. Person responsible: Action items: Motion to adopt Resolution #2006 — approving street and side City Planner yard setback variances for construction of an attached garage at 9429 Jane Road, based on the Findings and conditions recommended by the Planning Commission, and plans staff dated June 12, 2006 as modified by the approval conditions. Attachments: Time Allocated: 1. Draft Resolution #2006 — Approving Variances 2. Post Hearing Letter 3. Draft Planning Commission Minutes of June 12, 2006 4. Planning Staff Report and Attachments CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-058 A RESOLUTION APPROVING A ZONING VARIANCE FOR JOHN HAMERLY LOCATED AT 9429 JANE ROAD NORTH WHEREAS, John Hamerly, 9429 Jane Road North, has made application for zoning variances to allow razing an existing detached garage and replace it with a new attached garage in nearly the same location on the site. WHEREAS, at its June 12, 2006 meeting, the Planning Commission reviewed and recommended approval of the street and side yard setback variances for construction of an attached garage at 9429 Jane Road, with the following conditions: The south side yard setback of the attached garage including eaves shall not be less than the side yard setback of the existing detached garage including eaves. 2. The applicant shall install rain gutters along the entire south eave line of the new garage structure to preclude roof drainage from encroaching on the property to the south with collected roof water directed toward Jane Road. WHEREAS, at its June 20th meeting, the Lake Elmo City Council reviewed the zoning variance to permit John Hamerly, 9429 Jane Road North, to raze an existing detached garage and replace it with a new attached garage in nearly the same location on the site, plans staff dated June 12, 2006 based on the following findings: The property can not be put to reasonable use without the granting of the variances requested. Reasonable use must be defined in the context of the reasonable availability of locations that comply with R-1 setbacks to construct a garage of the dimensions proposed in a manner that will improve the safety for motorists on Jane Road North. 2. The variance requested does result from physical circumstances unique to this property related to the elevations/drainage rated by others from reconstructed Jane Road to the existing garage; and, the extensive setback of the house/septic system location resulting in no other location alternative for a reconstructed garage. Granting of the variance will not change the essential character of the neighborhood. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council approves the street and side yard setback variances to permit John Hamerly, 9429 Jane Road North, to replace an existing detached garage with a new attached garage in nearly the same location on the site per plans staff dated June 12, 2006 and based on the recommendation of the Planning Commission. ADOPTED BY THE Lake Elmo City Council the 20a' day of June, 2006. Dean A Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator H=erly V niance From: GARYKIMLT INGER ®o:�City of Lake Elmo Date: 6P12/2006 Time: 4:44:58 PM Page i of 2 FACSIMILE COVER PAGE To: City of Lake Elmo From: GARY KIMLINGER Sent : 6/12/2006 at 4:44:56 PM Pages: 2 (including Cover) Subject: Please present this letter to the Planning Commision and to the City Council when they take up this matter. UNABLE TO FIND LETTER AT TIME OF PRINTING OF PACKET. Mr. Kimlinger, neighbor to John Hamerly, supports his variance request. Sharon Excerpt DRAFT Lake Elmo Planning Commission Meeting Minutes of June 12, 2006 Variances: 9429 Jane Road PUBLIC HEARING: Variances at 9429 Jane Road The Planner explained that the orientation of the existing garage on this parcel forces residents to back out onto Jane Road. The home is setback far enough from the lake but is situated very close to Jane Road. The proposed new garage will be side loading. M/S/P, Ptacek/Van Zandt to recommend approval of the variance to side yard setback and front setback at 9429 Jane Road North to demolish an existing garage and construct a small home addition and new garage based upon the following Findings: 1. The property cannot be put to reasonable use without the granting of the variances requested. Reasonable use must be defined in the context of the reasonable availability of locations that comply with R-1 setbacks to construct a garage of the dimensions proposed in a manner that will improve the safety for motorists on Jane Road North. 2. The variance requested results from physical circumstances unique to this property relative to elevations/drainage created by others from reconstructed Jane Road to the existing garage, and the extensive setback of the house/septic system location that results in no other locational alternative for a reconstructed garage. 3. Granting of the variances will not change the essential character of the neighborhood. And especially because it will improve safety for motorists on Jane Road, subject to the condition that any structure, including eaves, roof overhang, gutters, etc., not encroach closer than the minimum existing distance between the existing garage to the side property line, and subject to the condition that gutters must be installed along the entire south eave line to direct roof water away from the neighboring property to the south precluding roof drainage from encroaching upon that neighboring property. Vote: 9:0. LAKE ELMO PLANNING COMMISSION STAFF REPORT Date: June 7, 2006 for the Meeting of June 12, 2006 Applicant: John & Laurie Hamerly Location: 9429 Jane Road North Requested Action: Zoning Variances to Permit Construction of Home Addition/Garage Land Use Plan Guiding: SRD Existing Zoning: R-1 (Shoreland Overlay) Site history and Existing Conditions: The site history of this parcel is extensive and somewhat unclear. Washington County records indicate that the current house was constructed in 1989. It appears from City records that there was at least one earlier house on this site. City records also reveal several prior variances and Shoreland Permits approved for the site involving remodeling and septic reconstructions. Washington County records indicate that the existing house is 2,100 square feet in area, and the parcel area is .55 acres (23,958 square feet). Discussion and Analysis: The applicants propose to raze an existing 678 square foot detached garage located 2.5 feet from the 30' Street property line, and replace it with new 910 square foot attached garage and a 198 square foot hall/laundry room between the new garage and the existing house. The new garage will still be only 2 feet from the front property line, but side -loaded rather than designed to require backing on to the public street - as is the case with the existing garage. With an 18 foot garage door opening, this will be a two car garage as is the existing detached garage to be removed. While constructing a garage a mere 2 feet from the street right-of-way line (actually 28 feet from the Jane Road driving surface) is not ideal, few options appear to exist for a new garage location due to the extreme set back of the house from the OHW and the location of the septic system north of the house.. There is no question, however, that the new garage orientation will improve safety for both the applicants and motorists on Jane Road by elimination of the backing onto the roadway now required from the detached garage. The proposed garage addition will also continue (and slightly increase) the deficient side yard set back to the south. The existing detached garage is located approximately 6 feet from the south property line, while the proposed garage addition to the house will, at one point only, be 4.3 feet form the south property line. The published Notice referred also to variances for lot area and lot width, which are not required since the principal structure already exists. The applicants have submitted a brief narrative addressing the "hardship" they perceive (and propose to mitigate with the new garage). To some degree the issues they raise regarding the relationship of the present garage to the present road elevation go to a unique physical i circumstance of the site. In addition, the location of the house/septic system this far from the OHW is a somewhat unique physical circumstance — not of the applicants' making - as well. Findings and Recommendations: 1. The property can not be put to reasonable use without the granting of the variances requested. Reasonable use must be defined in the context of the reasonable availability of locations that comply with R-1 setbacks to construct a garage of the dimensions proposed in a manner that will improve the safety for motorists on Jane Road North. 2. The variance requested does result from physical circumstances unique to this property related to the elevations/drainage created by others from reconstructed Jane Road to the existing garage; and, the extensive setback of the house/septic system location resulting in no other locational alternative for a reconstructed garage. 3. Granting of the variance will not change the essential character of the neighborhood. Planning Commission Actions Requested: Motion to recommend approval of the front and side set back variances at 9429 Jane Road North to enable an addition to the house and a new attached garage to replace the existing detached garage based on the Findings and subject to the Conditions specified by the June 7, 2006 Planning Staff Report. Charles E. Dillerud, City Planner Attachments: 1. Location Map 2. Applicants' Documentation and Graphics R+1W MW mw 1iN 13N TSI T31N ]3Ni MN RN E&J PBN P_N L I ,+ R+IW R+OW Vicin ty Map 0 278 Scale in Feet mow.:eay.�naa WAq� msasm..�w+mre� �nomoss. moa�wy�wem�amr�� aom��n. wanmu+m�ys�w ��Wemwrm�i�.aa. �: w=u�ys. miry sM.pn o�. sbelssrlmaws aemi emm.ean wuwnnonwim m t%C N y 1 � a F IT n 1, a•. r Pay �' v P ITT S w u 15 kC ai N .� 1 5m y(y YS ITT B�TY R � 1 F Ii. e wi AA � Development Application for John & Laurie Hamerly Property — 9429 Jane Rd. N., Lake Elmo, NIN. 55042 Lot 15 Berschens Shores. Detailed reason for request: We would like to remove our old garage and attach to our home a new garage. In so doing we will change the elevation and eliminate the water problem that exists. In the fall with snow and rain our garage floods because of the elevation being lower than the road. I have ice on the floor most of the winter. The road resurfacing has created pooling water along the entire driveway entrance. By changing the entrance and elevation this water and ice hazard will be eliminated. By attaching the garage to the house I will be able to realign the driveway for safety reasons. I currently have to back out onto the road. As you can see from the site plan there is a curve in the road and it makes for a dangerous situation. By attaching my garage we will be able to drive out forward safely. Hardship: Water flooding of garage floor. Safety a. Water and ice on garage floor. b. Traffic — see explanation. c. Water and ice on driveway. REGEIVEO my .4 a 2306 cz LLJ Lij® -� C.> � r Lli :b- 1 SURVEY Sarvey Prepared By: Stack Land Snrveyin5 Stllllntern, Mlnne Mtas55082 tel: (551) 439-5630 is plug Inscribed STAG RLS 73774. found Survey ibex parcelmpnLVBentS in Lake NOKTH su-ed to the outside building all from Mid existing or proposed Weil /"=20• Pact Indicated offsets accordingly. facing lot line. arage Addition Were sapplied by the City of Lake Ban. See building irs< fLas pass blew Hpuse/aarege Addition we 'S�r✓£Y GNE L, more or less. 3 ` re feet, more or less. re feet, more or less. 4 —re feet, more or less. \. i Jr adjacent the parcel were not oondtdiarltion oram,,ttneparml. by an I' LAKE r/ JANE r f •a yi t 4 r RECEIVED ;fy tne�ilsme ovMe�yr Plan or NW id that I am a duiY Itc�enseaeCt 'a/ou the Lacxs��of the State . .tack, Llcense0 Lai S)rvcyor- - - Lltense- s of tn15 W2P are [tiim ,Sear: _ Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9C City Council June 20, 2006 Agenda Item: Preliminary Plat of HOA 2"d Addition and Site Plan for Rasmussen Business College Background Information for June 20, 2006: At its meeting June 12, 2006 the Planning Commission conducted a Public Hearing and unanimously adopted a recommendation to approve the Preliminary Plat of the HOA 2"d Addition. The Commission also reviewed and unanimously recommended approval of the Section 520 Site for a 20,500 square foot Rasmussen Business College — to be located on a 4.11 acre HOA 2"d Addition lot. The applicant (United Properties) agreed on the Record to modify the site plan to mitigate the City Code/Zoning Ordinance non- compliance matters raised by the Planning Staff Report. No variances have been applied for nor will be required, but the conditions are carried forward into the Site Plan approval Resolution. One semi non-compliance matter raised by the Planning Staff report is the proposal by United to install street lighting in the median and along the short cul-de-sac street of the HOA 2"d Addition. Staff has suggested that street lighting (except at designated street intersections) is generally contrary to City strategy — Dark Sky. Staff has advised both the applicant and the Planning Commission that a specific City Council waiver of the street lighting strategy will be required to permit the street lights proposed. The Commission did discuss and adopt a recommendation on the street light issue. That recommendation is to allow the street lights to be installed design -compliant with the City's lighting ordinance and at the developer's sole expense, subject to a provision that the lights be extinguished between 11:00 PM and 5:00 AM. Action items: C . 1 1. Motion to adopt Resolution #2007 - , approving the Person es onsible: Ci y r Preliminary Plat of the HOA 2"d Addition based on the recommendation of the Planning Commission, per plans staff dated June 12, 2006. 0 2. Motion to adopt Resolution #2007 — approving the Section 520 Site plan for Rasmussen College based on the recommendation of the Planning Commission per plans staff dated June 12, 2006 as modified by the conditions of approval. 3. Motion to approve street lighting of Eagle Point Circle per plans staff dated Junbe 12, 2006 on the conditions that the lighting be compliant with City Code standards and that the lighting be extinguished between 11:00 PM and 5:00 AM. Attachments: e ! 4 Time Allocated: 1. Draft Resolution #2006 — �p roving Preliminary Plat 2. Draft Resolution #2006 —' aproving Section 520 Site Plan 3. Draft Planning Commission Minutes of June 12, 2006 4. Planning Staff Report and Attachments Al _ it ��• f Is �� !�' 12. t 99 .�• l�ik 11 � 1, y Zr N' t 4 � h 1. 2 � I !orb _ _ _ � i .• , -'I LZ r1 "�. `. J I •u '� r Q' arc• f -��„U :�_ t''-u�?�': +u. KII rr � r t I J' iarR`.'�• K r"�,i3V-V�. yrLj. I `±-. �� 4., . .�, - - � - III I .✓`�t�l-:.s,'-T�,�c ��, .I�lr�s!---,i ��t•'T-•'-,� I, �: :,,K -- �Y�111 r. f,��,i��t+r�.�'G.�� s�i�„j,. yf ii � - u,. i �-4.0. 1 �+�`t'"']F/ 1�,•,w.•,�5 S } z w r City of Lake Elmo Washington County, Minnesota RESOLUTION NO. 2006-059 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF HOA 2ND ADDITION WHEREAS, at its August 7, 2001 meeting, the City Council reviewed and approved the Final Plat of HOA ADDITION. WHEREAS, at its June 12, 2006 meeting, the Planning Commission conducted a public hearing where they reviewed and recommended approval of United Properties' application for a preliminary plat of HOA 2� Addition. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City Of Lake Elmo does hereby approve and accept the preliminary plat for HOA f"D Addition, as the same on file with the City Administrator, subject to the following conditions. Compliance with the recommendations (if any) of the City Engineer, City Attorney, and those of the South Washington Watershed found to be reasonable and practical by the City Engineer. ADOPTED by the Lake Elmo City Council on the 20a` day of June, 2006. Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator City of Lake Elmo Washington County, Minnesota RESOLUTION NO. 2006-060 A RESOLUTION APPROVING THE SITE PLAN of RASMUSSEN COLLEGE WHEREAS, the Lake Elmo City Council, at its June 20, 2006 meeting reviewed the Section 520 Site Plan for Rasmussen College on Lot 2, Block 1, HOA 2ND ADDITION. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Lake Elmo does hereby approve the Section 520 Site Plan for Rasmussen College at Lot 2, Block 1, HOA 2ND ADDITION in accordance rAflth plans staff dated May 17, 2006, subject to the following conditions: 1. Compliance with the recommendations (if any) of the City Engineer, City Attorney and those of the South Washington Watershed found to be reasonable and practical by the City Engineer. 2. Modification of the site plan parking arrangement to eliminate the park setback encroachments at the south and north street frontages. 3. Modification of the luminaire plan to reduce the foot candle illumination to 3 foot candles or less beyond a 20 foot are from the light sources. 4. Elimination of all exterior lighting within the public street right-of-way unless specifically approved by the City Council. 5. Payment of Public Use Dedication fees in the amount of $9,852 prior to issuance of a building permit. 6. Submission of a landscape architect's certification of the value of the landscape plan in compliance with the formula provided by Section 520, and provision by the applicant of a Letter of Credit in that amount securing the plan prior to issuance of a building permit. ADOPTED, by the Lake Elmo City Council on the 20t' day of June, 2006. Dean Johnston, MAYOR ATTEST: Martin Rafferty, City Administrator Excerpt DRAFT Lake Elmo Planning Commission Meeting Minutes of June 12, 2006 Preliminary Plat HOA 2ND ADDITION and Section 520 Site Plan Rasmussen College PUBLIC HEARING: Preliminary Plat of HOA 2nd Addition And Section 520 Site Plan Review of Rasmussen College The Planner explained that the preliminary plat submission is another phase of the Eagle Point Business Park project that began in 1999. The site is at Inwood and Hudson Boulevard. The process has been to create a lot to suit the building proposed and to leave the remaining land as outlots, and such is the case now_ M/S/P, Ptacek/Armstrong to recommend approval of the preliminary plat of HOA 2ND ADDITION subject to the recommendations of the City Engineer, City Attorney, and those of the South Washington Watershed District as found to be reasonable and practical by the City Engineer. Vote: 9:0. M/S/P, Ptacek/Armstrong to recommend approval of the Section 520 Site Plan for Rasmussen College, subject to the following conditions: 1. Compliance with the recommendations (if any) of the City Engineer, City Attorney and those of the South Washington Watershed found to be reasonable and practical by the City Engineer. 2. Modification of the site plan parking arrangement to eliminate the park setback encroachments at both the south and north street frontages. 3. Modification of the luminaire plan to reduce the foot candle illumination to 3 foot candles or less beyond a 20 foot arc from the light sources. 4. Elimination of all exterior lighting within the public street right-of-way unless specifically approved by the City Council. 5. Payment of Public Use Dedication fees in the amount of $9,852 prior to issuance of a building permit. 6. Submission of a landscape architect's certification of the value of the landscape plan in compliance with the formula provided by Section 520 of the Lake Elmo Municipal Code, and provision by the applicant of a Letter of Credit in that amount securing the plan prior to issuance of a Building Permit. Vote: 9:0 M/S/P, Deziel/Roth to recommend the City Council consider extra circumstances within the lighting plan to allow lighting the public street and cul de sac because of the nature of the school but that lighting must be turned off between 11 p.m. and 5:00 a.m. Vote: 8:1 Nay -Schneider, We don't need the lights. Date: June 7, 2006 for the Meeting of June 12, 2006 Applicant: United Properties Location: South of Hudson Blvd. and East of the Machine Shed Site Requested Action: Preliminary Plat/Section 520 Site Plan for Business College Land Use Plan Guiding: BP (Business Park) Existing Zoning: BP (Business Park), subject to the Eagle Point Business Park PUD Plan Site history and Existing Conditions: The Final Plat of HOA Addition, creating Outlot A was approved by the City Council in 1999 concurrent with the Site Plan for the Machine Shed Restaurant. The HOA Addition was Outlot A of the Eagle Point Business Park First Addition. The Preliminary Plat site includes 12.36 acres and remains a vacant open field bordered on the east by a large storm water pond that was earlier constructed by the applicant as one component of the overall surface water plan for the entire 110 acre Eagle Point site. The site of the Section 520 Site Plan (Lot 2) is proposed at a gross area of 4.11 acres, 1/3 of which is occupied by the storm drainage pond noted above, and subject to a drainage easement. Allowable uses and design standards for this site are prescribed by the Eagle Point Business Park PUD Plan which was approved by the City in 1999. Those uses and standards include "as Permitted and Conditional" specified by the Business Park Zoning District standards, and adjustments to those uses and standards approved by the PUD Plan. Discussion and Analysis: The applicant has applied concurrently for three project approvals by the City: 1. Preliminary Plat of the HOA 21 Addition not Eagle Point 7t" Addition as some graphics submitted are labeled). The plat is of 12.36 acres comprising a short public street cul-de- sac, 2 lots and 1 outlot. 2. A Section 520 Site Plan to construct a 20,500 square foot business college. 3. A Final Plat for the HOA 2nd Addition. This application does not require a Planning Commission recommendation. A determination of compliance with City standards in this case has involved staff review of the proposals responsive to Section 300 (Business Park zoning), Section 400 (platting), various City Code sections related to the Section 520 Site Plan, and the approved 1999 PUD Plan. The proposed site use — business college — is a Permitted Use in the General Business District (Section 300.06, Subd. 4H.2). That use allowance was in no manner altered by the PUD Plan. Preliminary Plat The proposed 2 lot/1 outlot preliminary plat reflects the design approved in PUD Concept in 1999. No specific lot configuration was approved for this area by the PUD Concept Plan, but a short public cul-de-sac street - such as now proposed — was a integral component of the approved to the approved PUD Concept Plan. The actual street and underground infrastructure for the cul-de- sac was designed by the City's engineering consultant on a City contract (developer paid), there will be no issues regarding compliance with City infrastructure design standards. Section 520 Site Plan Staff has determined that the proposed site plan complies with applicable provisions of the GB district, other applicable City Code standards and/or the approved PUD Plan, except as follows: 1. The approved PUD Plan specifies front and street minimum parking set back to be 20 feet. The site plan depicts a 10 foot parking setback at one point along the 1-94 street frontage and continuously along the cul-de-sac street frontage. 2. While not necessarily a factor of non-compliance, we note that the applicant proposes 158 spaces of off-street parking where Code/PUD office parking minimums (1 space per 250 square feet) yields 82 spaces. We are advised by the applicant that the additional parking proposed relates to the school function. The "down side" of the additional parking is increased impervious surface. We note, however, that even with the enhanced parking proposal, the calculated site impervious remains within the 7517b allowable by BP standards, and is factored in to the surface water plan for the entire Eagle Point Business Park. 3. Review of the luminaire plan appears to reveal several points on the site that exceed the 3.0 foot candle maximum illumination beyond a 20 foot arc from the light source. Staff suggests that the proposed fixtures either be reduced in number or relamped with less intense bulbs than assumed by the luminaire plan. In addition, the applicant has proposed exterior lighting within the public right-of-way of the cul-de-sac street — both in the boulevard and in the street median. It has been City policy to not permit street lighting except at designated intersections. A specific waiver of that policy would be required to allow those ROW lights. 4. No landscape architect's estimate of the value of the proposed site landscape plan has been provided at this time. While it appears that the landscaping proposed will comply with the dollar minimums specified by Section 520, the required certification as to value will be required prior to issuance of the building permit. In accordance with the Eagle Point Business Park initial Development Agreement a Public Use Dedication fee of $9,852 will be payable to the City prior to issuance of building permit. Findings and Recommendations: Staff finds the Preliminary Plat to be in compliance with the approved PUD Concept Plan, and the design and engineering standards of the City. We recommend approval of the preliminary plat subject to the recommendations (if any) of the City Engineer, City Attorney and those of the South Washington Watershed found to be reasonable and practical by the City Engineer. Staff suggests that the noted discrepancies from City Code requirements on the site plan can be easily corrected by the applicant without a major impact on the plans. Therefore we recommend approval of the site plan subject to the following conditions: 1. Compliance with the recommendations (if any) of the City Engineer, City Attorney and those of the South Washington Watershed found to be reasonable and practical by the City Engineer. 2. Modification of the site plan parking arrangement to eliminate the park setback encroachments at the south and north street frontages. 3. Modification of the luminaire plan to reduce the foot candle illumination to 3 foot candles or less beyond a 20 foot arc from the light sources. 4. Elimination of all exterior lighting within the public street right-of-way unless specifically approved by the City Council. 5. Payment of Public Use Dedication fees in the amount of $9,852 prior to issuance of a building permit. 6. Submission of a landscape architect's certification of the value of the landscape plan in compliance with the formula provided by Section 520, and provision by the applicant of a Letter of Credit in that amount securing the plan prior to issuance of a building permit. Planning Commission Actions Requested: Motion to approve the Preliminary Plat of the HOA 2nd Addition subject to the conditions specified by the June 7, 2006 Planning Staff report. Motion to approve the Section 520 site plan for Rasmussen Business College subject to the conditions specified by the June 7, 2006 Planning Staff report. � , , r 00n Charles E. Dillerud, City Planner Attachments: I. Approved 1999 Eagle Point Business Park Concept Plan 2. Applicant's documentation and graphics Kimberly Anez From: Thomas D. Prew [prew.td@tkda.com] Sent: Wednesday, June 07, 2006 3:20 PM To: Chuck Dillerud; Kimberly Anez Subject: Eagle Point Business Park 7th Chuck Sanitary Sewer The project will be served by municipal sewer. Water The project will be served by our municipal water system which receives water from Oakdale. Storm Sewer/ Ponding A pond was built by United Properties a few years ago to treat runoff from the portion of the project south of Hudson Boulevard. This pond was designed for the 75% impervious coverage. The pond design was approved by the SWWD at that time. It contains a control gate which the watershed district can operate to temporarily hold water. Water from the north portion of the site will drain directly into the large storm sewer pipe in Hudson Boulevard_ There is no ponding of that portion of the project. Permits from SWWD, MNDOT and MPCA are needed for grading on this site. Street The street design will be similar tot hat in the first addition. A large planted median and a landscaped island are part of the proposed design. A right turn lane will be needed from eastbound Hudson Boulevard. There is not enough room on the street for a left turn into the site from westbound Hudson Boulevard. It is not recommended to rebuild this portion of Hudson Boulevard at this time. In the future, a 4-way stop may be needed at the intersection of Hudson Boulevard and Eagle Point Boulevard. The timing of that traffic control depends on the rate of development in the area. Thomas D. Prew, P.E. Senior Registered Engineer Municipal Services Division phone: 651/292-4463 fax: 651/292-0083 e-mail: prew.td@tkda.com TKDA 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, Minnesota 55101-2140 www.tkda.com 1 DATA 3'R GROSS AREA 110.384 AC. LESS STREETS ONLY {PAVING) 20' PARKING 3.6 AC,(- IimpeMous Sm ..) SETBACK F BUILDING BUILDING =3.6 AC. z 25"" = 26-7 AG+I 1p6.784 R OFFE — u, ;PACK GREEN AREAS ESTABLISHED 15.H2 pC. BOULEVARD IN STREETS +1.6AC. -17.62 AC. .- 89.164 AC. k25d, = 2229 AC. + tl fit AC. NOSCgPE 3991 AC. 106.764 DIVIDE 39.91 = 37.4%GREEN AREA GREEN SPACE ONLY 75' NSP EASEMENT 2.26 AC. I 5P BEAM 1.86 X. ` THIBIITARY GREENWAY 125. efher side) 1.95 AC. 20' PARKING A11SG. AM (2) +1.26 AC. SETBACK 7.53 AO -I POSED POND AREAS +6.49 AL &� AL ESTATE 1S.B2 AC, SO' BARKING 10PFAEPIT SETBACK t INTERSTATI NORTH SCALE 1"-100'-G" POFE ASSOCIATES INC, YlMd lvamia SIQLH 8 61 sN m m, uuc UNITED PROPERTIES EAGLE PO8 BUSINESS PAAK j EMA OC.B fmnnnza.cn No ivL+.fE>5 Oeam u,' CVA ML 0- "E 14 Dw tr "J 'rlll/l/Ifl/ r/ & r// /ff// 6Y89LA 828t ¢yBByyII {0 /f / // oo'Ec`a'u'ESBe'db d tell gz°S6�¢{a3'F'aPa'�gg 2�3 .••. POND �� /� JA� i i i h.. h (a GRADING. DRAINAGE AN[ ,.D t- b v0 e�R_S n— 1 i y .., i Q Q qw 7-7 r� U ti'Z p W 0. W W W Q Q W o�.aw C1 it C2» 4.107+1- ACRES 2.629 +1- ACRES 20,500+1- SF tea: 158 SPACES 7.7 CARS f 100® SF �L SITE PLAN NORTH Ms W-05.16=. AACNIT P.PAN_4F —FP�UA AFFIGOFP'e RPM iJy WIN%m " emg, w2mag" g wxm g P R G A C I B 0 L A N D _ e= v p aF Na W. LijW Z' O F 0 is O W W Q J W .tea rr, x.,_o oadim. C3. V �zw�rwc nw>nw.v ww PLANT LIST ita s/n/os sm wm IA4 FIYO, ImpS9pfA CONCH'T LANDSCAPE PLAN II L1.Q II -�l -J a r�= AAO AA- IIIP= -- O TYPE )q 1 I 011 1111= ��,n =1III= 1=411 AIL --III TYPE "BB" :.7 .. FOMETRICS i /l0 SCALE T a 40' �rtv corvtvue¢ w sue'° wwwr m�rmo-�.im =aewe iuu.ee w arz S ORMNM A NUMBER �i �rytiQ�hh " E bai y �� 6aai E4�f ��B I & 6t o p §�Sm -xmm 'g8a a mm @mow oaAh a Y aF O N LU Z Z Zi ® v� Z C O J aW W Wg W �4 w C5.0 Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9 p r City Council June 20, 2006 Agenda Item: CDBG — Cimarron Gas Service Project Background Information for June 20, 2006: We have now been advised by Washington County that, given the non -response from three separate competitive bidding attempts, the City may proceed with "single source contracting" — subject to HUD approval of the single source contracts. This process will have City staff contacting one or more certified plumbers or pipe fitters to secure non-competitive proposals/contracts to complete the necessary work — much as we can (and sometimes will) do with professional services contracts. We anticipate breaking the 40+ unit Phase 1 package into smaller increments (perhaps 5 units) for each of these contracts to enable monitoring of the outcomes, and allowing for modifications to the process as we proceed. Washington County has advised that it is necessary for the City Council to make a finding that the normal competitive bidding process has resulted in no qualified bidders, and that single source contracting by staff on this contract is therefore authorized. We have attached a Resolution in that regard which staff recommends be adopted. Person responsible: Action items: Cb it r Motion to adopt Resolution #2006 — finding that no qualified bidders have responded to the Cimarron Gas Service Project competitive bidding process and authorizing City Staff to proceed with single source contracting for the project subject to Washington County and HUD approval. Attachments: 61 Time Allocated: 1. Resolution #2006 — Authorizing single source contracting CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-061 A RESOLUTION AUTHORIZING SINGLE SOURCE CONTRACTING WHEREAS, the City of Lake Elmo, under a Community Development Block Grant sub recipient contract with Washington County, has entered into a project to provide grant funding to income qualified homeowners in the Cimarron Manufactured Housing Neighborhood to replace gas service lines within individual manufactured housing units as a public heath/safety initiative, and;. WHEREAS, in an effort to execute the project the City has solicited competitive bids from qualified plumbers and pipe fitters, consistent with State and HUD competitive bidding regulations on three separate occasions, March 25, 2005, March 10, 2006 and May 11, 2006; resulting in a single rejected bid on the first occasion and no bids on the other two subsequent occasions. NOW, THEREFORE, BE IT RESOLVED, the Lake Elmo City Council finds the Cimarron Gas Service Project sufficiently specialized and unique as to require single source contracting, and this methodology is hereby authorized and directed subject to necessary approvals of Washington County and HUD. ADOPTED, by the Lake Elmo City Council on June 20, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9E City Council June 20, 2006 Agenda Item: Zoning Text Amendments — Performance Standards in the PF, LB. GB and BP Districts Background Information for June 20, 2006: During the recent City Council discussion of the amendment of the PF district standards to incorporate the same architectural performance standards as those of the commercial zones Council Member Delapp suggested some clarification in the wording related to allowable exterior materials. Staff agreed that the suggested terms should be substituted, but also advised the Council that it would be best to insert the new terms in the standards of the LB, GB, and BP districts as well so all read identical. The attached ordinance amendments are intended to execute the strategy noted. The Planning Commission conducted a Public Haaring on these amendments on June 12, 2006, and unanimously recommends approval of all. Action items: t` -rate' t>� , t 114 v ; Motion to adopt Ordinances #97-, 97-, 97- and 97- amending the Person onsible• ity, architectural pperformance standards in the PF, LB, GB and BP zoning districts. Attachments: Time Allocated: 1. Draft Amending Ordinances 2. Draft Planning Commission Minutes of June 12, 2006 sag= CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA C677h7Q". 04:1i;(MIIt�l/A AN ORDINANCE AMENDING THE LAKE ELMO MUNICIPAL CODE RELATING TO ARCHITECTURAL PERFORMANCE STANDARDS IN THE PUBLIC FACILITIES ZONING DISTRICT. The City Council hereby ordains that Section 300.07, Subdivision. 4.M.5.a.(3) of the Lake Elmo Municipal Code is hereby amended as follows: 3. Performance Standards — Primary Exterior Surfacing The Primary Exterior Surfacing of structures shall be limited to natural brick, stone, or glass. Artificial or thin veneer brick or stone less than nominal 4" thick shall not qualify as complying with this performance standard. Primary Exterior Surface shall be defined as not less than 70% of the sum of the area of all exterior walls of a structure nominally perpendicular to the ground. All parapet or mansard surfaces extending above the ceiling height of the structure shall be considered exterior surface for the purposes of his subdivision. Windows and glass doors shall be considered a primary surface, but the sum area of such glass shall be deducted from the wall area for purposes of the 70% Primary/30% Accent formulas of this section. Doors of any type of material, except glass, shall not be considered a primary exterior surface. Each wall of the structure shall be calculated separately, and, individually comply with the 70/30 formula. The City Council hereby ordains that Section 300.07, Subdivision. 4.M.5.a.(4) of the Lake Elmo Municipal Code is hereby amended as follows: 4. Performance Standard —Exterior Surfacing Accents i Cedar, Redwood, Wood Siding vii Architectural Metal Panels This ordinance shall become effective upon its passage and publication according to law. ADOPTED by the Lake Elmo City Council this 20th day of June, 2006. Dean Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator Published in the Lake Elmo Leader Sharon Lumby From: Kimberly Anez Sent: Friday, June 16, 2006 9:15 AM To: Sharon Lumby Subject: Architectural Performance Standards PUBLIC HEARING: Zoning Text Amendments —Architectural Performance Standards M/S/P, Roth/Ptacek to recommend modification of the Architectural Performance Standards in the commercial zoning districts to exclude artificial or thin veneer brick or stone less than nominal 4 inches thick as a primary exterior surfacing material, to include cedar or redwood wood siding and architectural metal panels as an exterior surface accent material. Vote: 8:1, Nay-Deziel, For numerous reasons he was opposed to the creation of these standards from the beginning. .) Kim Kimberly Anez City of Lake Ehno kim.anez(alakeelmo.orp SUBMITTED BY MAYOR JOHNSTON Proposal for Procedure O r% Review Performance Appraisals 1. In the interest of ensuring fair and accurate assessment of performance, all performance appraisals will be reviewed and acknowledged by one management level above the author. 2. The management review is NOT intended to be an approval. The reviewer may add comments; however, the reviewer may not require changes. 3. In the cases where the reviewer is the City Council, only comments which have the approval the majority of the City Council may be added. These approved comments would become part of the performance appraisal. 4. In the cases where the reviewer is the City Council, the mayor would sign the performance appraisal after review by the City Council and after the approved comments have been added. "MM Performance Review Procedure Counter Proposal —Rev. 06/05/2006 All City Employees: At the conclusion of each performance appraisal, the City Administrator will report to the council the employee's name, position and overall performance rating. City Administrator: The City Council is responsible for the City Administrator's performance review using the assessment form designed by Brimeyer and Associates. Each council member (mayor included) is responsible for completing an assessment form. The City Attorney will oversee the process and approve the final performance review prior to presentation to the City Administrator. 1. The council will appoint one of its members to consolidate the individual assessment forms into a performance review spreadsheet so each council member can confirm the accuracy of his/her scores and comments. 2. Assessment forms from individual council members will NOT be distributed to anyone other than the appointed council member. 3. The council will meet to review and approve the final performance review. The final performance review shall contain: • An averaged score for each performance standard. (I'd like to discuss how averaging can be skewed by one person's low or high scoring.) • All council comments and suggestions for improvement and commendations_ 4. A forum of the council will meet with the City Administrator to present the approved performance review. 5. The City Administrator may have one month from the meeting date to comment, acceptor reject the results of the performance review. (Is there a grievance process in the CityAdministrator's contract or way for him/her to have a reconsideration of an area or all of the results of a performance review?) 6. At the conclusion of each year's performance review, the City Council will provide the City Administrator with written performance objectives and standards for the following year. • The council will review and approve by majority vote all new performance objectives and standards. • The City Administrator must agree to and sign off on the new objectives and standards. If the City Administrator does not agree with the objectives and standards, the City Administrator may present his/her case to the council for reconsideration with suggested changes. Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9A City Council June 20, 2006 A enda Item: Village Area Planning Team — Subsequent Phase Work Plan Background Information for June 20, 2006: Staff has met with the Village Area Planning Team over the past 2 weeks provide guidance as to the format and content of the Team's proposal for forthcoming Village Area detail planning, coordination and project(s) execution efforts. The attached is the draft of the proposal that is current as of Friday, June 16 — still subject to revision. The Team will be available at the Council meeting to present and discuss this proposal. Action items Person res onsible: Ci Motion(s) regarding content/format of the Village Area Planning �per Team's proposal for continuing services to the City. Attachments: Time Allocated: 1. Draft Proposal N N N N N N s Jf— 82 � da N