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HomeMy WebLinkAboutJune 6, 2006 CCPLake Elmo Agenda Section: Planning, Land Use and Zoning No. 9A City Council June 6, 2006 A enda Item: Home Occupation Ordinance — Amended Planning Commission Recommendation Background Information for June 6, 2006: The Planning Commission again considered the proposed amendments to the regulation of Home Occupations at its May 22, 2006 meeting. Staff provided the Commission draft Minutes of the May 9 City Council Workshop regarding the proposed ordinance amendments — including Council statements/directions as to modifications the Commission should consider — as well as the full text of the Oak Park Heights Home Occupation regulations. The Commission discussed the Council concerns/issues at length and adopted the following revised/additional recommendations: 1. To permit up to 2 non-resident employees on site of a Home Based Business. 2. To require 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 10 to 5. The Commission discussed but offers no further recommendations regarding limiting the area of a structure that can be used for business -related storage. One commissioner did suggest, however, that should the Council insert storage limitations, that such limitations be limited to stock -in -trade only. The Commission also discussed and debated two Motions to require annual or semi-annual Home Based Business licensing. Both Motions failed — one for lack of a Second. The Commission recommends no modification of the permanent licensing feature of the current draft ordinance. Staff has attached the former (March) draft of the ordinance with the May 22 Planning Commission recommended revisions in red. We have also included the two definitions proposed to replace the current "Home Occupation" definition in Section 150 of the Code. Although not included in the packet, the City Clerk will bring copies of the ordinance amendments in proper format (without the "red") should the Council wish to adopt as now drafted or with additional modifications. Person responsible: Action items: Motion to adopt ordinance #97- adding Section 1115 to the City City Planner Code regulating Home Offices and Home Based Businesses; and, Motion to adopt Ordinance #97- amending Section 150 of the Code to repeal the definition "Home Occupation" and add the definitions "Home Office" and Home Based Business"; or, Other direction to staff regarding the subject. Attachments: Time Allocated: 1. Draft Section 1115 2. Draft Definitions 3. Draft Planning Commission Minutes of May 22, 2006 4. Council Workshop Minutes of May 9, 2006 a r -t.• c r- - 7 �+ f7 Y s- y-- .i r t ea s 7 4 � :' 1_f h � ��1T ti.���_ •L ��� �4�5�� 1 v. ..l rtY �f,}.. ��'rt ;. p, r DRAFT —(PC Recommended 5/22/06) Section 1 115 — Home Based Businesses Subd. 1 Purpose and Intent The City of Lake Elmo recognizes the desire and/or need of some citizens to use their residence for business activities. The City also recognizes use of residences for limited business purposes, when such business use is appropriately regulated, may result in a reduction of vehicle trips on City streets as well as economic benefit to City residents. It is therefore the purpose and intent of this Section to allow the use of residences for limited business purposes while regulating such business use in a manner that precludes such business use from becoming a nuisance to neighboring residential property owners; and preserving the distinction between residential and commercial zoning districts. Subd.2 Home Based Business and Home Office Licensing responsive to this Section shall be applicable to Home Based Businesses, but not to Home Offices, as both are defined by Section 150 of this City Code. Subd. 3 Licensina Procedures Property owners conducting or proposing to conduct a Home Based Business as defined by Section 150 of the City Code shall make application for a Home Based Business License in a form prescribed by the City Administrator. The City Administrator shall make a determination regarding compliance of the Home Based Business with the standards herein prescribed within 30 days of submission of a complete license application. A decision of the City Administrator regarding the issuance of a Home Based Business may be appealed to the Board of Adjustments and Appeals as prescribed by Section 200.01 of the City Code. Subd. 4 License Fee The City Council shall, from time to time, establish a Home Based Business license fee in a sufficient amount to fully compensate the City for costs of processing the license application. Subd. 5 Term of License and Revocation/Suspension Upon issuance, a first license to conduct a Home Based Business shall remain shall remain in effect indefinitely unless suspended revoked by the City Administrator for cause. The City Administrator may suspend or revoke a Home Based Business license upon a finding that the licensee fails to comply with the Home Based Business Performance Standards specified by this Section. A decision by the City Administrator to T suspend revoke a Home Based Business license may be appealed by the licensee to the Board of Adjustments and Appeals as prescribed by Section 200.01 of the City Code. Subd. 6 Home Based Business Performance Standards Review of applications for Home Based Business licensing and subsequent determinations regarding revocation of a Home Based Business license shall be based on the initial and continued compliance of a Home Based Business on the following Performance Standards: 1. Tax Class Status The property must be classified as Homestead by the Washington County Assessor. 2. Impact on Adjacent Prouerties The home based business shall have no adverse affect on adjacent properties due to traffic or offensive noise, light, odor, dust or other noxious substances, as may be defined elsewhere in the City Code. 3. Exterior Appearance There shall be no exterior evidence that a building is being used for any purpose other than as a residential dwelling or permitted accessory structure. 4. Number of Businesses More than one home based business is allowed, however the combined impact shall be considered when evaluating the terms of the Conditional Use Permit. 5. Residency A full-time resident of the property must conduct the business. 6. Non-resident Employees Not more than two (2) non-resident may work on the site. 7. Business Vehicles A maximum of 3 business vehicles may be on site at any time, and the vehicles must be parked off-street at all times . Said vehicles must be in compliance with City Code regulations regarding the maximum size of vehicles permitted to be parked in residential zones. 8. Customer Visits to Site Permitted only where specified by the Home Based Business license, and shall be limited to a maximum of , per day. 9. Deliveries to Site No more than six delivery/pickup trips per week. Delivery vehicles shall not be larger than a typical step van. 10. Storaze Related to the Home Based Business All storage of equipment, material or stock must take place within kfully enclosed and roofed structure. [De�leted: There shall be no employees that are not full time residents of dence. Deleted:. Deleted: to Deleted: 11. Off -Street Parking When customer site visits are specifically allowed by the Home Based Business license, adequate off Street Parking must be provided for customers and for those who reside on the premises. All required parking spaces shall be located on an asphalt or bituminous surface, which is in character with the surrounding neighborhood. 12. Specific Prohibitions Exterior Business use, storage, or equipment, except vehicles as otherwise regulated; signage of any type related to the Home Based Business. Any noise, odor, vibration, light, glare, and/or electromagnetic interference as defined and regulated by the City Code and State Rules or Statute. Home Occupations The Planner said the Planning Commission recommendation on March 13, 2006 for a Home Occupations Ordinance was presented to the City Council on March 21 where they tabled to May 9, 2006 for a City Council Workshop. The issue has been returned to the commission with the following Council recommendations. 1. The degree of storage should be limited. 2. Two non-resident employees should be allowed in a home -based business. 3. Licenses should be renewed annually. The Planner said that Councilmember Smith forwarded the Oak Park Heights Ordinance for Home Occupations for the Planning Commission's consideration. M/S/P, Fliflet/Roth to change the wording of Number 6-Employees to read, "Two non-resident employees may work in the residence." Vote: 9:0. M/S/P, Fliflet/Deziel to change the wording of Number 7-Business Vehicles to read, "Three business -related vehicles are allowed at any time, and they must be parked off street at all times." Vote: 9:0. M/S/P, Fliflet/Roth to modify Number 8-Customer Visits limiting the number of customers from ten per day to five per day. Vote: 8:1 Nay: Armstrong -No problem leaving it at 10. MOTION by Ptacek to recommend annual licensing of Home Occupations, FAILED FOR A SECOND. M/S/F, Roth/McGinnis to recommend biannual licensing of Home Occupations. Vote: 1:8, Aye -Roth, FAILED. M/S/F, Deziel/Fliflet To recommend that there be no limitation to stock in trade but if the City Council does decide to limit volume that it be reserved to inventory only because that will be the type of stock in trade that generates traffic. Vote: 1:8, Aye-Deziel, FAILED. Armstrong -The philosophy is that the city's regulation should only deal with external effects upon neighborhoods, and crossing the threshold of the front door is beyond the scope of what the city should be considering because we have already regulated how inventory gets into or out of the home through traffic, employees, and customer visits. M/S/P Roth/Deziel to change Number 9 to clarify that deliveries will be limited to six trips per day whether to or from a home. Vote: 9:0. LAKE ELMO CITY COUNCIL WORKSHOP MAY 9, 2006 Mayor Johnston called the workshop to order at 6:00 p.m. in the Council chambers. PRESENT: Johnston, Conlin, Smith, Johnson, DeLapp City Staff. Building Official Jim McNamara, Maintenance Supervisor Mike Bouthilet, Finance Director Tom Bouthilet, and Administrator Rafferty Planning Commission: 1. AGENDA 2. Zoning Ordinance/City Code Amendments — Home Occupation The City Planner distributed the Oak Park Heights Home Occupation Code and the Planning Commission's recommendation on Home Occupation. The Planner pointed out that if there are substantial changes in the Home Occupation proposal a public hearing by the Planning Commission would be needed. Mayor Johnston voiced his concerns on storage space and the City should set a specific limit such as 10 x 12 or 10 x 20. He thought the requirement of no employees was excessively restricted and would be in favor of up to two employees. By requiring annual licensing the City could monitor and enforce home based businesses. His desire is to discourage warehousing and encourage home based business. Council member Johnson said she can't see why the Planning Commission proposal would not work. Council member Smith said if we are going to split our 10 acre parcels in the future then the City needs to adopt the Oak Park Heights Ordinance. She did not want storage in accessory buildings. She has a concern on the vehicles associated with home occupations. Deliveries have to come in and deliver product. The City Planner noted the ordinance states not more than six deliveries. Council member DeLapp voiced his concern on home occupations that would bring in extra traffic and driveways on lots. Bob VanZandt, Planning Commission Member, said we can limit space, but doesn't want to go off and limit where people can make money because this business may pay your mortgage payments. Julie Fliflet, Planning Commission Member, said the Planning Commission looked at how a home based business could affect the neighbor. Accessory structures can be addressed by the city code. She supports one or two employees. Joan Ziertman, resident, encouraged the Council to go with the Oak Park Heights Code and said that most cities go with a version of the code similar to Oak Park Heights. In her opinion, larger lots should not be allowed more storage. Bob Helwig, Planning Commission Chairman, said he has not seen Oak Park Heights Horne Occupation Code. As park of his job, he drives throughout Oak Park Heights and has seen landscape, auto repair, beauty shops in residential districts. Mark Deziel, Planning Commission Member, asked what was so wrong about freedom. The Council suggested that the Oak Park Heights code be sent to the Planning Commission and asked that they come back with a recommendation to the Council in one month. Deb Lyzenga, Planning Commission Member, asked how do you enforce the regulations without neighbors looking into neighbors windows. Council member Smith answered the City should have a code enforcement officer. 3. On -Site Treatment System — Austad, Hurt and Pierre Mr�,ustad provided a letter from Brad Lein, Construction M/ner regarding in cost of propod septic systems in Lake Elmo and costs for hookinguakdale. The City ministrator explained the City Council provi a solution to their septic system prob s. The property owners went to court, ettlement occurred, but was not provided the o come the property owners hoped for. e City Administrator met with them and asked y put together a proposal for a s tion. Mayor asked if this '11 be a precedent to co t to Oakdale. The Administrator asked how you make a distin ion for a system of y years fails. Council member Johnson id she was not based on the outcorN of a when the Council had made ahaa Council member Conlin saidyE C residents. She suggested tbZbe a I factual numbers. The City Council's solution case. Why should we be setting precedence is responsible for the health and safety of our project and the property owners could be assessed. The Council asked for ' ormation on tH�fc *Precedence and co om Tom Prew *What cost can be sessed to the property *Was there a pr dent relative to previous have to agree what conditions. *Did North erican Wetland violate their owing issues: to Oakdale sewer. Oakdale would CouncVember DeLapp asked that the staff keep tract of their time and money. He asked what do you get for your sewer inspection fee. Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9B City Council June 6, 2006 Agenda Item: Village Area Plan Background Information for June 6, 2006: On May 16 the Council directed staff and the Village Area planning team to wrap up the team's Phase 1 planning work based on the plan as now drafted and produce the "deliverable" Phase 1 plan. Staff and the planning team were also directed to prepare a work plan/contract document proposal to address subsequent Village Area project tasks related to the further detailing of the plan components (such as unit count, and spatial distribution of units and open space), and priorities, programs, and schedules for plan execution. Staff met with the planning team the week of May 31 to determine progress on these directives, and to discuss the work plan for upcoming Village Area Plan tasks. We concurred with the planning team that the deliverable of Phase 1 should be presented to the City Council at the June 6 meeting — and that contract concluded. We advised the team that the future work plan/contract needed to be detailed/scheduled/priced in greater detail than the outline format completed to date. We concurred with the team's observation that additional time (to the Council meeting of June 20) would be required to provide that level of detail. Person r onsible• Action items: City Motion to accept and place on file the Village Area Master Plan, as prepared by the Engstrom/Close planning team as fulfillment of contractual 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 1 contract. Attachments: Time Allocated: None. The Phase 1 deliverable will be presented at the June 6 meeting. �rvs�Ll �':�''Frf t' �n 1•a r�l �y � �Wy��• q � v ! � i t�"+J �is�! 11. 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YI �xK , 1 tilt,; �'x! -� r� i• v��AIt.# . iL I:s T .i-,'$•iG C_3S_ �-�k i Mayor: Dean Johnston Lake Elmo City Council Council members: Rita Conlin Tuesday, Steve DeLapp Liz Johnson JUNE 6 2006 Anne Smith � 3800 Laverne Avenue No. Lake Elmo, MN 55042 777-5510 777-9615 (fax) Please read: Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. ***6:00 P.M. CLOSED MEETING: City Administrator's Performance Review*** Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes: April 18, 2006 workshop, 5-16-06 Council 3. PUBLIC INQUIRIES/INFORMATIONAL: Public inquiries/Informational is an opportunity for citizens to bring the Council's attention any items not currently on the agenda. In addressing the A. PUBLIC INFORMATIONAL: Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for B. Public Inquiries each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the 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. Resolution No. 2006-049•Approving format. There will be no separate discussion of these items unless a Council Claims member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the B. Letter of Escrow Reduction — Rockpoint agenda. Church C. 2006 Crack Seal — Award Bid to L&M Services of Belgrade; Resolution No. 2006-050 D. 2006 Seal Coat — Award Bid to Allied Blacktop; Resolution No. 2006-051 5. FINANCE: 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Dept: (1) Reserving Neighborhood Parks Lake Elmo City Council Agenda June 61 2006 Page 2 (2) Parks Commission/Land Trust: Sunfish Lake Park B. Fire Department Update 8. CITY ENGINEER'S REPORT: Tom Prew A. Tablyn Park/LE Heights Watermain Project — Verbal Update 9. PLANNING, LAND USE & ZONING: C. Dillerud A. Home Occupation Ordinance — Amended Planning Commission Recommendation B. Village Area Master Plan 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: M. Rafferty 12. CITY COUNCIL REPORTS: A. Mayor Johnston B. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith 13. Adjourn to CLOSED SESSION: Legal Update June 12th: 7 p.m.- Planning Commission/ City Council Working Relationship (continued agenda item) June 131h` 6 p.m. - City Council Workshop DRAFT LAKE ELMO CITY COUNCIL WORKSHOP MINUTES APRIL 18, 2006 Mayor Johnston called the Council meeting to order at 10:53 p.m. in the Council Chambers. COUNCIL PRESENT: Conlin, DeLapp, Johnson, and Smith. STAFF PRESENT: Administrator Rafferty, City Planner Dillerud, Finance Director Bouthilet, Attorney Filla. 1. AGENDA: To discuss a workshop with the Met Council Representatives. A Workshop was held to discuss a meeting with the Met Council Representatives. M/S/P Johnston/Johnson — to bring it to the next Council Workshop, and delay further discussion for 60 days. (Motion passed 4-0-1: DeLapp) Council Workshop closed at 11:08 pm DRAFT CITY OF LAKE ELMO CITY COUNCIL MEETING May 16, 2006 L AGENDA 2. MINUTES: March 21, 2006, May 2, 2006 3. PUBLIC INQUIRIES/INFORMATIONAL: 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 — Water System Interconnect Phase IV 5. FINANCE: None 6. NEW BUSINESS: None 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Dept.: Parks Recommendation on Playground Equipment — Carriage Station (verbal) B. Fire Dept.: Sprinkling Ordinance: Ordinance 97-171 C. Update on Building Dept.: Jim McNamara 8. CITY ENGINEER'S REPORT: A. Stop Sign at the intersection of Lake Jane Trail and Jane Road North B. Street Repair and Maintenance C. Trail Quotes D. Tablyn/LE Heights/315t Street Water Main Bids: Resolution 2006-047 E. New NPDES Permit 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 D RAFT 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. Pledge of Allegiance 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 18, 2006 City Council minutes to Item 11A. on the agenda. (Motion passed 4-1: DeLapp-no to moving minutes to 11 A) Addition to the Agenda: Under Council Reports (12), brief discussion about wrapping up City Administrator's Performance Review. M/S/P Johnson/Conlin — to approve the May 16, 2006, City Council Agenda as amended. (Motion 4-1: DeLapp - against moving minutes to Item 11 A. 2. MINUTES: (moved to Agenda Item IIA.) 3. PUBLIC INFORMATIONAL: A. Public Inquiries: None B. Public Informational: (1) Margaret Carlson — Update on Lake Elmo Park Regional Master Plan: Margaret Carlson presented a report regarding the status of the New Lake Elmo Regional Park Reserve Plan, as recently approved by Washington County. She outlined the numerous modifications and additions to Park facilities that are incorporated in the new Plan, including: new amphitheatre, equestrian trails, lighted ski trails, a Highway 5 trail underpass, and handicapped accessibility 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 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 Lake Elmo. Residents in the Lake Elmo Heights, Tablyn Park, Torre Pines and Parkview Estates area should be receiving letters this week from MDH, informing them that they may need to use an alternative water source based on new information about chemical compounds in their water. The PFOA is seven parts per billion and the PFOS values is one part per billion. Those values were expected to be lowered by summer of 2006. Jim Kelly said MDH scientists had been working for the past several months to develop more sensitive tests that could detect other PFC chemicals. (3) Village Area Master Plan Presentation -Robert Engstrom & Company_: Robert Engstrom and team presented an overview of the Village Area Open House. He reported that the plan was well received, and that the team has received many emails and telephone calls regarding the plan as well as the "post -it notes" that were placed on the exhibits. He referred to a project memorandum the team had presented the City Council, and advised that the team is now essentially complete with its original contractual tasks. He suggested that the team is now interested in the Council's wishes regarding moving forward with the plan, including: 1) Directive from the Council preserving the Old Village Plan components and Master Plan Projects, including Highway 5 modifications; 2) Integrating the MPCA ground water project with the Master Plan to create the lake; 3) Detailed design standards for Village Area development, and 4) Whether and how the team would be involved in the project going forward. Discussion continued about the Village 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 development — but densities decrease and open space increases as one moves outward toward the Village 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 II 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 for staff payroll dated May 11, 2006; claims 29084, 29087 through 29147, in the total amount of $624,781.27. (Motion passed 5-0) LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 3 DRAFT 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 Meter Reading Equipment at a total cost of $19,502.81. (Motion passed 5-0) D. Partial Payment No. 2, Ellingson Drainage — Water System Interconnect Phase IV City Engineer Prew recommends Partial Payment Certificate No. 2 in the amount of $192,737.03 to Ellingson Drainage, for Water System Interconnect -Phase IV. M/S/P Johnson/DeLapp — to approve Partial Payment No. 2 to Ellingson Drainage in the amount of $192,737.03 for Water System Interconnect Phase IV, verified by the City Engineer in his Memo dated May 12, 2006. (Motion passed 5-0) 5. FINANCE: None 6. NEW BUSINESS: None 7. MAINTENANCE/PARK/FIREBUILDING: A. Park Dept.: Parks Recommendation on Playground Equipment — Carriage 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 DRAFT 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 and City Staff is recommending adoption of Chapter 1306 under the Minnesota State Building Code, based on the review and discussion with the City Administrator, City Attorney, Building Official and Fire Chief. Given the position of Lake Elmo in regards to the amount and type of future developments that are planned, and adequate water supply, we feel that this is 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 restrictions. 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 mulch, until the end of the project, which can then be opened, recycled or removed. The Building Dept. also continues to pick up signs. 8. CITY ENGINEER'S REPORT: 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 Jane Trail. City Engineer Prew reviewed the intersection. He stated that traffic does not warrant a Stop sign. Because of the steep hill, adding a stop sign to the westbound could create a dangerous condition. Not only would a stop sign be routinely violated, stopping in the winter could be problematic for larger vehicles. Some ideas to slow down traffic - change the speed zone at the top of the hill, adding a median, or adding trees. Council asked about using the portable speed trailer, and increased patrol. M/S/P Johnson/Johnston — to accept the City Engineer's Letter, dated May 12, 2006, 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 5 DRAFT B. Street Repair and Maintenance: Public Works is requesting that City Council approve the bid from T.A. Schifsky and Sons for the patching of the holes in the City that are too large for the Public Works Dept. 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 — 55th Street and Carriage Station Park: City Engineer Prew received quotes from Tower Asphalt and T.A. Schifsky and Sons for the 55th Street and Carriage Station Park Trails. The 55th 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 Asphalt in the amount of $47,716.00, for the 3 Trail Projects. (Motion passed 5-0) D. Tablyn Park/Lake Elmo Heights/31" Street Water Main Bids, Resolution No. 2006-047: Bids for the Tablyn Park/Lake Elmo Heights/31St Street Watermain project were received on Friday, May 12, 2006. All bids received were higher than projected by City Engineer Prew and he requested that Council delay awarding the bid until they meet with 3M and further discussion. They will come back to another Council meeting with a recommendation. E. New NPDES Permit: City Engineer Prew informed the Council that the MPCA is requiring that all communities with an existing NPDES permit update it in conformance with their criteria. The NPDES permit covers storm water discharge. The new permit required is stricter in regards to making certain City's perform the required Best Practices Management (BPM's). There are 34 unique items that 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 LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 6 DRAFT on this matter contrary to the Planning Commission's recommendation for approval, the 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 this past weekend (Sunday) from a resident. City Staff contacted the developer. The subcontractor for the site addressed the Council, apologizing for any work being done on Sunday. He stated that the subcontractor and the developers were and are aware of City codes, and reiterated that it will not occur again. M/S/P Conlin/Johnson — to adopt Resolution 2006-048, approving the Final Plat and Development Agreement for Hidden Meadows. (Motion passed 5-0) C. Village Area Master Plan: Moved to 3A (1) D. Zoning Ordinance Text Amendment — Outdoor Social Events: City Council requested that the draft ordinance 97-167 for Outdoor Social Events be reviewed with the modifications requested from the May 2, 2006, Council meeting. City Attorney Filla recommended incorporation of one change to #1, by deleting the word "nominal." It should read, "A site tax parcel area not less than 10 acres." M/S/P Smith/Johnson — to adopt Ordinance 97-167, amending Conditional Uses in the AG zoning district to include 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, aspresented. (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 7 DRAFT F. Performance Based Zoning and Lane Kendig 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 9 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'S REPORT: A. Council Minutes (Moved from Item 2) M/S/P Johnson/Conlin — to approve April 18, 2006, Council minutes as revised. (Motion passed 4-1: DeLapp) M/S/P Johnston/Johnson — to approve the amended April 18, 2006, Council minutes to include revisions provided by Council Member DeLapp. (Motion passed 4-1: DeLapp) M/S/P Johnson/Johnston — to approve May 2, 2006, Council minutes as submitted. (Motion passed 3-1-1: DeLapp; Conlin Absent) To provide a draft of the May 18, 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 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 7:00 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, Recording Secretary Resolution No. 2006-041: Approved Variance to Front Setback & Minimum Lot Size Requirements for 8009 Hill Trail North Resolution No. 2006-046: Approved Claims Resolution No. 2006-047: Tablyn Park/LE Heights Watermain Bid - POSTPONED Resolution No. 2006-048: Approved Final Plat & Development Agreement for Hidden Meadows of Lake Elmo (formerly known as Deer Glen) Ordinance 97-167: Added Section 300.07, Subd. 4.A.2. (h) Relating to Conditional Uses in Agricultural Zoning Districts Ordinance 97-171: Adoption of Minnesota State Building Code — Sprinkler Ordinance LAKE ELMO CITY COUNCIL MINUTES draft MAY 16, 2006 9 APPROVED MINUTES MAY 16, 2006 CITY OF LAKE ELMO CITY COUNCIL MEETING MAY 2, 2006 L AGENDA 2. MINUTES: April 18, 2006 3. PUBLIC INQUIRIES/INFORMATIONAL: A. PUBLIC INQUIRIES: B. PUBLIC INFORMATIONAL: 1. Independent Governor Candidate -Peter Hutchinson 4. CONSENT AGENDA: A. Resolution No. 2006-039: Approving Claims B. Resolution No. 2006-040: Approving Claim C. Resolution No. 2006-044: Partial Payment No. 1—Water System Interconnect Phase IV, Ellingson Drainage D. Resolution No. 2006-045: Partial Payment No. 4—Elevated Water Storage Tank No. 2 5. FINANCE: None 6. NEW BUSINESS: A. Land Partnership Grant (Add) 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Public Works: (1) Vacuum Excavator B. Parks Dept: (1) Tablyn and Lions Park Tennis Courts (2) VFW Electrical Service (3) Swing Set Tablyn Park C. Fire Dept. Update 8. CITY ENGINEER'S REPORT: A. Trail Construction Update: Verbal 9. PLANNING, LAND USE & ZONING: A. Variance for 8009 Hill Trail, Jason Tacheny: Resolution 2006-041 B. Permission for Temporary Office Trailer — Lake Elmo Pines C. Zoning Ordinance Text Amendment - PF District Performance Standards: Ordinance No. 97-168 D. Rockpoint Church — Variance for Sidewall Height: Resolution 2006-042; Section 520 Site Plan: Resolution No. 2006-043 E. Outdoor Social Event: Ordinance No. 97-167 F. Fences as Screening and Security: Ordinance No. 97-169 G. Review of Rural Residential Setback H. Restaurant Drive -Up Facilities in the GB Zone: Ordinance No. 97-170 I. Metro Transit Park & Ride J. Comprehensive Plan Amendment —10`h Street (Add) K. Performance Zoning (Add) LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 APPROVED MINUTES MAY 16, 2006 10 10. CITY ATTORNEY' S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Village Mater Plan: Verbal 12. CITY COUNCIL REPORTS: 2 LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 APPROVED MINUTES MAY 16, 2006 Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council Chambers. COUNCIL MEMBERS PRESENT: DeLapp, Johnson, and Smith (arrived at 7:08 am). ABSENT: Conlin. STAFF PRESENT: Planner Dillerud, Finance Director Bouthilet, City Engineer Prew, Attorney Miller, Recording Secretary Freeman. Pledge of Allegiance L AGENDA: Additions: Fire Dept. (8C) moved to follow Public Inquiries; Comp Plan Amendment on I Oh Street (9K); Land Partnership Grant (6A) M/S/P Johnson/DeLapp - to approve the Agenda as amended. (Motion passed 3-0) 2. MINUTES: M/S/P DeLapp/Smith — to table the March 18, 2006, City Council and Workshop minutes for Staff review to include Council Member DeLapp's comments. (Motion passed 4-0) PUBLIC INFORMATIONAL: A. Public Informational: None B. Public Inquiries: Independent Governor Candidate Peter Hutchinson spoke to Council. He mentioned some of the goals he would like to see occur: someone to speak for the cities/townships/counties and that person is the final decision maker; the State Auditor act responsibly when collecting data from the cities; develop a relationship between state and local government offices. Basic information needs to be shared. Resident Susan Dunn stated that after the Village Plan Open House she had heard that people don't understand the difference between REC units and population densities. 4. CONSENT AGENDA: A. Resolution No. 2006-039: Approving Claims Mayor Johnston questioned the Dorsey & Whitman LLP Claim regarding the fee amount. M/S/P DeLapp/Johnson - to adopt Resolution No. 2006-039 approving Claim Numbers 322, 323, DD715 through DD727, 29023 through 29033, were used for Staff Payroll dated April 27`h, 2006; claims 324, 2934 through 29063, in the total amount of $357,380.72. (Motion passed 4-0) B. Resolution No. 2006-040: Approvin Cg laim M/S/P Smith/DeLapp - to adopt Resolution No. 2006-040 approving Claim Number 29064, in the total of $270.00. (Motion passed 3-0-1: Johnson recluse) LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 APPROVED MINUTES MAY 16, 2006 • C. Resolution No. 2006-044: Partial Payment No. 1 to Ellingson Drainage for Water System Interconnect - Phase IV M/S/P Johnson/Smith - to adopt Resolution No. 2006-044 approving Partial Payment No. 1 to Ellingson Drainage in the amount of $187,011.87, for work improvements to the Water System Interconnect Project -Phase IV, verified by the City Engineer in his memo dated April 27, 2006. (Motion passed 4-0) D. Resolution No. 2006-045: Partial Payment — Elevated Water Storage Tank No. 2: M/S/P Johnson/Smith - to adopt Resolution No. 2006-045: Partial Payment No. 4 to CB & I Constructors, Inc., in the amount of $152,000.00, for work improvements to the Elevated Water Storage Tank No. 2, verified by the City Engineer in his memo dated April 26, 2006. (Motion passed 4-0) 5. FINANCE: None 6. NEW BUSINESS: A. Partnership Grant from MnDOT for Landscaping: Council Member Smith spoke with Todd O'Donnell, MnDOT, about landscaping along Hwy 5 and would like Council support in applying for a Partnership Grant. This Grant is volunteer -driven and a great opportunity for various groups to assist. Deadline is July 31, 2006. M/S/P Johnson/Smith — to send to CIC for review of Partnership Grant, identify feasibility and return to Council with recommendation. (Motion passed 4-0) 7. MAINTENANCE/PARK/FIREBUILDING: The Public Works Dept. is requesting to purchase a vacuum excavator unit to help facilitate work and tasks currently being performed, in addition to work that is years behind in maintenance. M/S/P Smith/Johnson - to purchase the vacuum excavator from Ditch Witch of MN for $37,669.05. (Motion passed 4-0) B. Parks Depts: (1) The Tennis courts at Lions Park and Tablyn Park both need maintenance and repairs. Public Works Supt. Bouthilet presented an update on price quotes obtained. Both projects are in the 2006 Parks CIP. The price for Tablyn is $28,910, and Lions 7,920.00. M/S/P Smith/Johnson - to accept the bid from Tennis West for reconstruction on the two tennis courts recommended by the Public Works Supt. (Motion passed 4-0) LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 10 APPROVED MINUTES MAY 16, 2006 (2) The Lake Elmo Baseball Association presented a request to the Parks Commission for electrical service, lighting and outlet to the dugout and storage building at VFW Park. This requires a transformer and service line trenched from the current field lighting panel. The Parks Commission reviewed the request at the April 18, 2006, Parks Commission meeting. It was budgeted in the CIP, and recommended for approval at the April 18, 2006, meeting for installation. M/S/P DeLapp/Smith - to accept the low bid from Webster Electrical Construction for $2,980.00, as proposed by the Parks Commission. (Motion passed 4-0) (3) The Parks Commission recommended the purchase and installation of a new swing set at Tablyn Park, and the removal of the 17-year old wood play structure and swing set. This swing set was budgeted in the 2006 CIP. Price quotes were obtained from Miracle Recreation with the low bid of $1,159.64. The Play structure has already been replaced with a modular system. M/S/P Johnson/Smith - to accept the swing set bid from Miracle Recreation of $1,159.64 for the purchase and installation at Tablyn Park. (Motion passed 4-0) C. Fire Dept: Fire Chief Malmquist informed the City about two resignations from Station No. 1 — Ty Jacobson (moved out of City) and Chad Sonrnor (work commitments). They are accepting applications, with hiring in July. Primary focus is for daytime. He also reminded everyone about the 50`h Anniversary and shared that if anyone wanted to help with the celebration to let him know. 8. CITY ENGINEER'S REPORT: A. Trail Construction Update: City Engineer Prew will be a getting quote for two trails — 55'' Street and Carriage Station Park Trail. He will provide information at the next Council meeting. 9. PLANNING, LAND USE & ZONING: A. Variance for 8009 Hill Trail, Jason Tacheny: Resolution 2006-041: The City Planner reported that the Planning Commission conducted a Public Hearing and adopted a recommendation for approval of this application to remodel and enlarge an existing home on a substandard lot (by area). Two variances are requested and recommended for approval: home enlargement on substandard lot and street setback to Hill Trail. Council discussion concerned the setting of a potential precedent, the character of the neighborhood, if the scale of the house after the improvements would be in keeping with the neighborhood; and, the nature of the hardship. LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 5 APPROVED MINUTES MAY 16, 2006 City Attorney Filla stated that State Law prescribes, "reasonable use of the property" among the general standards for granting zoning variances. He also advised the Council that each variance application is unique and the Council's decisions on variances tend to be subjective, and need not necessarily be consistent as long as specific findings are made by the Council regarding the variance standards in each case. He concluded that the Council should not be concerned with precedent as long as there are specific findings to support their variance decisions. M/S/P Johnston/Johnson — to table to the next meeting to continue consideration of the applications with the full Council in attendance. (Motion passed 3-1: DeLapp-believed everything was presented) B. Permission for Temporary Office Trailer — Lake Elmo Pines The City Planner reported that Staff recommends the Council approve a temporary office/clubhouse at Lake Elmo Pines (formerly Mulligan Masters) with the condition that the temporary structure be removed by November 30, 2006. M/S/P DeLapp/Smith - to approve amending the Mulligan Masters Section 520 Site Plan approval to permit a temporary office/clubhouse facility similar to that previously approved, and to be removed by November 30, 2006. ((Motion passed 4-0) C. Zonins Ordinance Text Amendment - PF District Performance Standards: Ordinance No. 97-168: The City Planner reported that the Planning Commission conducted a Public Hearing on April 24, 2006, to consider correcting; amending PF district standards by adding to the PF zone the same new performance standards that were adopted for all of the commercial zoning districts in 2002. He noted that it was the intent to include the PF zone in the diie to the sim-ila-rity of most PF stnictures to those of the commarrial zones. City Attorney Filla recommended several numbering modifications to the ordinance draft before the Council. Council Member DeLapp suggested technical terms modifications to the description of "brick veneer" and "wood siding." The City Planner recommended that the suggested technical working modifications be brought back to the Council with the same modifications applicable to the commercial zone performance standards in a separate action to maintain consistency of standards zone -to zone. M/S/P Johnson/Johnston - to adopt Ordinance No. 97-168 amending the Performance Standards to the PF Zoning District. (Motion passed 4-0) LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 G'1 APPROVED MINUTES MAY 16, 2006 M/S/P DeLapp/Smith - to send the design standards for commercial and public facilities zoning districts to the Planning Commission to evaluate recommended changes for wood and veneer brick definitions. (Motion passed 4-0) M/S/P Johnson/Smith — to approve the Summary of Performance Standards of the Public Facilities zoning district in Ordinances and Standards as amended, authorizing publication of the summary. (Motion passed 4-0) D. Rockpoint Church — Variance for Sidewall Height: Resolution 2006-042, Section 520 Site Plan: Resolution No. 2006-043 The City Planner reported that a Public Hearing was held by the Planning Commission on April 24, 2006, regarding a variance for the height of sidewall for the proposed church structure of 50,000+ square feet on a 20-acre site. The Commission had previously tabled the application pending proper Notice regarding the variance issues that had been raised by Staff (April 10, 2006) regarding the Section 520 Site Plan for this facility. The Planner advised that no building permit can be issued for this project until a Final Plat has been recorded. For the parcel on which the project is proposed, he advised that there remains no clear understanding regarding the responsibility for the private septic system that is to be shared by the church and the adjacent OP residential development. He recommended that the Site Plan approval resolution included conditions related to both matters. Richard Stuhlman, architect for Rockpoint Church, presented a 3-D model of the church as originally designed. He reviewed with the Council the alternatives to the high sidewall on a portion of the building as now designed. M/S/P Johnson/Johnston - to adopt Resolution 2006-042 approving a variance for sidewall height for Rockpoint Church based on the findings and recommendation of the Planning Commission per plans staff dated April 24, 2006. (Motion passed 4-0) M/S/P Johnson/DeLapp - to adopt Resolution 2006-043 approving a Site Plan for Rockpoint Church per plans staff dated April 24, 2006, with two additional conditions: 1. No Building Permit shall be approved until Final Plat and Development Agreement are approved by City Council; and 2. Developers Agreement shall reflect responsibility for the joint septic system with the OP Plat. (Motion passed 4-0) E. Zoning Text Amendment — Outdoor Social Events: Ordinance 97-167: The City Planner reported that the Planning Commission considered the Council's concerns stated at the April 18, 2006, meeting and adopted 3 additional recommendations as mandatory CUP conditions. Additional conditions to be added: Tents are to be allowed; events only during the months of May to the end of October; limited to 250 people, hours will be from 10:00am LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 7 APPROVED MINUTES MAY 16, 2006 to 10:00 pm with all activities stopped and event attendees/staff off the site; and lighting will have to follow City ordinances. M/S/P Smith/Johnston - to table until a version of the ordinance with the Council's modifications included is presented at the May 16, 2006, Council meeting. (Motion passed 4-0) F. Zoning Text Amendment - Fences Standards: Ordinance 97-169 The City Planner reported that the Planning Commission conducted a Public Hearing on April 24, 2006, to consider amendment to the screening provisions of the new fence regulations that would permit residential property owners abutting commercial uses to them, construct fencing that would be effective screening of the adjoining commercial site. The amendment would allow 72 inch screen fencing at the property line where residential property abuts commercial property. He advised that, as written, where a residential lot backs up to commercial zoning or use, all three yards behind the home could utilize the property line screen fencing. He reported that the Planning Commission recommended adoption of the zoning text amendment. Council discussion of the amendment addressed the screening of the whole backyard creating a boxy effect. It was concluded that it would be best to only allow screen fencing along the residential property line that directly abuts the commercial zone or use rather than all three property lines. M/S/P DeLapp/Johnson - to adopt Ordinance 97-169 amending the Zoning Ordinance Fence Standards to permit screen fencing of residential yard where residential properties abut commercial uses only on the common property line. (Motion passed 4-0) The City Planner reported that the Planning Commission reviewed the existing setback provisions in the RR and RE districts, and the recommendation by the Planning Commission to make no amendments to those existing standards. M/S/P Smith/Johnston — to direct staff to proceed with preparing an amendment to the RR zoning district standards to incorporate the RE setback standards. (Motion passed 3-1: Johnson opposed) Council Member Johnson advised that her vote reflects her belief that the existing RR setback standards were adopted to preserve rural character and should be maintained for that reason. She also noted that RR -zoned property owners have relied on the existing standards as they have placed structures on their land, and planned the locations of future structures. LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 8 APPROVED MINUTES MAY 16, 2006 H. Restaurant Drive -Up Facilities in the GB Zone: Ordinance 97-170: The City Planner presented the Planning Commission recommendation for amendment to the GB district Permitted Uses that had been tabled by the City Council on April 18, 2006. M/S/P Johnson/Johnston - to adopt Ordinance 97-170 amending the GB zoning district standards to permit drive -up windows at restaurant facilities, but prohibiting menu boards and intercom systems. (Motion passed 4-0) I. Metro Transit Park & Ride: The Planning Commission reviewed and discussed the Park & Ride proposal at its April 24, 2006, meeting. City Engineer Prew advised that only the Keats Avenue site would "probably" work for a water tower co -locate. The Commission adopted a Motion that the City continue to work with Metro Transit and the Keats Avenue site as the preferred option. Administrator Rafferty received a letter from Met Council about the possibility of constructing a park -and -ride facility in Lake Elmo. Mayor Johnston stated that Met Council implied we had to accept at the time of the Comprehensive Plan but it was successfully removed. He believes that a transit system is an asset to communities in the long-term in high density areas, and would benefit the City. M/F Johnson/Johnston - to direct Staff to meet with Metro Transit to continue discussion to build a Park & Ride facility along Keats Avenue. (Motion Failed 2:2-DeLapp and Smith) Council Member DeLapp disagreed, asking why we are even considering it. Council Member Smith questioned why we should even consider it as it shows an interest on the part of the City. Lake Elmo does not need or want a park -and -ride. Give it to another community if it is such a benefit. J. Comprehensive Plan Amendment on 10`h Street: Council Member DeLapp requested that PF zoned parcel north of 10t' Street be brought into conformity with the Land Use Plan and zoning of the other lands in the vicinity of the site — Land Use Plan guiding of RAD and zoning of either RR or AG. M/S/P DeLapp/Johnston - to direct Staff to bring the PF to RAD proposal to the next Council Workshop for discussion. (Motion passed 4-0) K. Performance Zoning: Council Member Smith inquired about the status of work on a new zoning ordinance. LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 9 APPROVED MINUTES MAY 16, 2006 The City Planner advised that he had been in contact with Lane Kendig regarding a workshop on Performance Zoning - as previously directed by City Council - but no date could be available for Kendig until early June. The City Council then discussed the several alternative zoning ordinance structures that could be the template for a new Lake Elmo zoning ordinance - Performance, Euclidian, and Design Based, and the relative advantages and disadvantages of each structure. M/F Smith/DeLapp - to forgo Lane Kendig conducting a seminar about PF Zoning. (Motion Failed 2-2: Johnson and DeLapp) 10. CITY ATTORNEY'S REPORT: None 11. CITY ADMINISTRATOR'S REPORT: A. Village Master Plan: Administrator Rafferty informed the Council there will be a meeting on May 16, 2006, with the Consultants summarizing the Council's comments and public information received from the Open House. Another presentation will be held with them asking the Council for direction. 12. CITY COUNCIL'S REPORT: Council Member Johnson: Congratulations on the City 2005 Tree City USA Award. Thank you to Kathy Widin and Staff for submitting the necessary information. Council Member DeLapp: Mpls. Star Tribune Editorial, written by former Governor's wife ....should not be separated Mayor Johnsten remindedthat the Board ef Review will -.-Wednesday, May 3,d, 4-6 pm. in the Council Chambers; Clean Up Day is Saturday, June 3`d, 8-noon; Environmental Meeting on the City's Surface Water Pollution Prevention Plan on May I 17, 2006. Council Meeting adjourned at 11:12 pm Respectfully submitted by Carole Freeman, Recording Secretary Resolution No. 2006-039: Approving Claims Resolution No. 2006-040: Approving Claim Resolution No. 2006-042: Approve Variance for Sidewall Height for Rockpoint Church Resolution No. 2006-043: Approve Site Plan for Rockpoint Church LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 10 APPROVED MINUTES MAY 16, 2006 Resolution No. 2006-044: Partial Payment No. 1-Ellingson Drainage for Water System Interconnect - Phase IV Resolution No. 2006-045: Partial Payment No. 4—Elevated Water Storage -Tank No. 2 Ordinance No. 97 —168: Amend the Lake Elmo Municipal Code Section 300.07. Subd.4/M.f.(a) and Subdivisions Relating to Architectural Performance Standards in Public Facilities Zoning District Ordinance No. 97-169: Amend Section 302.06, Subd. 1. "Fences as Screening and Security as Required by this Code" Ordinance No. 97-170: Amend GB District Standards to Permit Drive -up Windows at Restaurant Facilities LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2006 11 APPROVED AS AMENDED MAY 16, 2006 CITY OF LAKE ELMO CITY COUNCIL MEETING APRIL 18, 2006 L AGENDA 2. MINUTES: March 21, 2006, City Council, April 4, 2006, City Council, January 10, 2006 and February 14, 2006 Council Workshop Minutes 3. PUBLIC INQUIRIES/INFORMATIONAL: A. PUBLIC INQUIRIES: (1) John McPherson — Chair of West Lakeland Township (added) B. PUBLIC INFORMATIONAL: (1) Lake Elmo Jaycees —Charitable Gambling License: Resolution 2006-033 4. CONSENT AGENDA: A. Resolution No. 2006-034: Approving Claims B. Monthly Operating Report 5. FINANCE: A. Animal Control Contract B. Payment to Robert Engstrom Company (added) 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Building Dept.: Jim McNamara 8. CITY ENGINEER'S REPORT: A. Public Hearing: Tablyn Park Neighborhood Street Construction Project: Resolution No. 2006-03 5 B. Approve Plans and Authorize ad for bid for Tablyn Park/Lake Elmo Heights Watermain Project: Resolution 2006-036 9. PLANNING, LAND USE & ZONING: A. Final Plat and Development Agreement — Discover Crossing: Resolution 2006-037 (1) Letter of Credit Reduction for Discover Crossing (added) B. OP Development Stage Plan/Preliminary Plat and CUP — Hidden Meadows: Resolution 2006-028 C. Zoning Ordinance Text Amendment — Outdoor Social Events: Refer to Planning Commission D. Update on Met Council (added) 10. CITY ATTORNEY' S REPORT: A. Opinion on Drive -Up Facilities 11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCIL REPORTS: LAKE ELMO CITY COUNCIL MINUTES APRIL 18, 2006 APPROVED AS AMENDED MAY 16, 2006 M/S/P Conlin/Smith - to adopt Resolution 2006-037 approving the Final Plat, OP Final Plat and Development Agreement for Discover Crossing, with the additional condition of compliance with the recommendations as determined by the City Forester and approved by the City Planner. (Motion passed 5-0) A (1). Discover Crossing Letter of Credit Reduction: City Planner recommended the Letter of Credit for Discover Crossing be reduced from $1,811,325.00 to $1,006,075.00, as presented in Memorandum 9A (1). M/S/P Johnson/DeLapp — to approve the Escrow reduction for Discover Crossing from $1,811,325.00 to $1,006,075.00. (Motion passed 5-0) B. OP Development Stage Plan / Preliminary Plat and CUP - Hidden Meadows: Resolution 2006-038 City Planner presented the second step of the residential portion of a 68-acre portion of Hidden Meadows. The Public Hearing brought several concerns about several infrastructure design issues and the screening plan along the east property line. The property abuts to an OP, requiring a 200' buffer, but can be reduced to 100' if the developer proposes landscaping that will serve as a year round visual buffer acceptable to the City. The drainfield proposed is 50' from their property line, and the Ziertman's expressed concerns about the health, safety and welfare if the wetland treatment system proposed for the development and the church were to fail. The Ziertman's are requesting more than a 100' setback. In their opinion, the Ziertman's stated that OP ordinance states that a drainfield is a structure and is entitled to a 200' buffer zone, and a paved trail be added to that. City Planner Dillerud and City Attorney Filla clarified that a Pump Station is not a structure. Setback requirements are 50'/200' on -site. City Planner Dillerud stated there are no trail setback requirements, but the trail can be moved. The Ziertman's would like to know how the size of the wetlands compares to the Fields I development. City Engineer will provide that information to them this week. Developer confirmed that the alternate drainfield is north of the church and is a constructed wetland. He further stated that restriction will be placed on this site to maintain its continued suitability as a back-up location. The Ziertman's would also like to see screening provided to their property line, buffering them from the project. City Planner Dillerud stated the City would be receiving the final landscape plan next week. Council Member DeLapp stated that the required trail systems are expected to be integral components of OP development and not tacked on to meet the City Code. The Ziertman's asked why the trail couldn't be put on the second drainfield site, with a 15'- LAKE ELMO CITY COUNCIL MINUTES APRIL 18, 2006 APPROVED AS AMENDED MAY 16, 2006 20' watermain easement granted from the developer. The developer agreed that language could be added granting a watermain easement of 10-20 feet to the east. M/S/P Johnson/Conlin - to adopt Resolution 2006-038, approving the OP Development Stage Plan/OP Conditional Use Permit and Preliminary Plat for Hidden Meadows of Lake Elmo per plans staff dated April 13, 2006, with the following conditions: 1) Compliance with the recommendations/requirements of the City Engineer, 2) Compliance with the recommendations/requirements of the Valley Branch Watershed District as found to be appropriate by the City Engineer, 3) Trail setback to the Ziertman property be increased and screening be considered in the Landscape Plan, 4) Confirm drainfield setback is to be 100' feet from property line; 5) Provide size and delineation of the alternate drainfield, 6) Secondary drainfield have the appropriate easement for trail use; 7) A trail easement be added to the proposed watermain easement; eventually allowing the trail system to connect Keats Avenue to Lake Elmo Avenue. (Motion passed 5-0) C. Zoning Ordinance Text Amendment — Outdoor Social Events: City Planner Dillerud recommended referring back to the Planning Commission. This is dealing with ordinance as part of a CUP, and would be dealt with on an individual basis. No applications have been received yet. Council Member DeLapp saw the point of customized AG CUP's; police should not be required to be there. Council Member Johnson focused on any potential AG use. Resident Carol Palmquist wanted to clarify the number of people and vehicles. Her staff would control loud music, security and safety. Two hundred people or less would be attending. M/S/P Johnson/Conlin — to refer the draft language for the proposed Outdoor Commercial Social Events CUP in the AG District back to the Planning Commission with direction to consider and make recommendations regarding the issues raised at the April 11 Council Workshop, and to include a bullet for traffic impact analysis. (Motion passed 5-0) D. Update on Met Council Meeting Council Member DeLapp asked for Council support in his effort to develop a parallel plan option through the state legislature as an alternative to the Met Council process for comprehensive planning. Council Member Conlin asked him what is being asked, and to submit a proposal. Council Member DeLapp left the table at 10:28 p.m. M/S/P Johnston/Johnson - to table to the next Council meeting with a written proposal to discuss. (Motion passed 4-0: DeLapp Absent) LAKE ELMO CITY COUNCIL MINUTES APRIL 18, 2006 APPROVED AS AMENDED MAY 16, 2006 10. CITY ATTORNEY' S REPORT: Attorney Filla provided a legal opinion handout to Council regarding Drive -In, Drive -Up and Drive -Through Facilities. Equal Protection Standards cannot distinguish in a GB zone based on what is an interior business vs. exterior business. Recommendation is for the City to determine the concerns relating to the food industry prior to amending current or adopting new regulations. Mayor Johnston is willing to allow a walk-up/pick-up window based as code regulates accessory use not listed as business. City Planner recommends allowing of a drive -up window. Business owner Ed Gorman had requested a drive -up window, menu board and intercom. M/S/P Johnson/Smith — to direct the Planning Commission to allow walk-up window for consideration and refer back to the next Council meeting. (Motion passed 4-0: DeLapp Absent) 11. CITY ADMINISTRATOR'S REPORT: None. 12. CITY COUNCIL REPORTS: Mayor Johnston informed the Council that Washington County Library is sponsoring a 9- week reading program. Reminder that the Board of Review will be held on Wednesday, May 3rd, 4-6 pm in the Council Chambers; Clean Up Day is Saturday, June 3rd, 8-noon; the Old Village Presentation Open House is Wednesday, April 19, 6:30-8:30 pm at Lake Elmo Elementary School. Council Member Conlin commented on the condition of the tennis courts and that repair was designated in the CIP for July. Council Members commented in regard to Council Member DeLapp's behavior of leaving in the midst of Council Meetings. Attorney Filla said unless a Rule of Conduct is adopted, there is no course of action. Council Member Conlin asked Attorney Filla about common practice to leave City Council meetings, and how bad behavior is treated. Mayor Johnston stated that the City adopted Roberts Rules of Order. Council Member Conlin said Council Member DeLapp was not doing his job; behavior was out -of -order and was not being responsible. Council Member Johnson congratulated the Lake Elmo Lions on a wonderful and successful Cadillac Dinner Monday night. Council Member Smith requested support for application of a Landscape Partnership Grant with MnDOT for sections of Highway 5. Council Meeting adjourned at 10:50 p.m. LAKE ELMO CITY COUNCIL MINUTES APRIL 18, 2006 APPROVED AS AMENDED MAY 16, 2006 Respectfully submitted by Carole Freeman, Recording Secretary Resolution No. 2006-033: Charitable Gambling License Resolution No. 2006-034: Claims Resolution No. 2006-035: Tablyn Park Neighborhood Street Construction Project Resolution No. 2006-036: Authorize ad for bid for Tablyn Park/Lake Elmo Heights Watermain Project Resolution No. 2006-037: Final Plat & Development Agreement -Discover Crossing Resolution No. 2006-038: OP Development Stage Plan/Preliminary Plat & CUP -Hidden Meadows Council Member DeLapp returned at 10:52 pm LAKE ELMO CITY COUNCIL MINUTES APRIL 18, 2006 9a CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-049 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 327, 328, DD750 through DD762, 29148 through 29158, were used for Staff Payroll dated May 251h, 2006; claims 329, 29159 through 29209, in the total amount of $689,206.74 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 61h day of June, 2006. Dean A. Johnston Mayor ATTEST: Martin J. Rafferty City Administrator Z.Vp 4, W., 4 R-.- - 74rZ ti, .1 K! I I%xl , MON 1, 7 .4 N R `0 t NVN ij :r.j 7t, K W�AVK Wvi' .4 Il, Y MN-97-, -Aa 7 i4 0 O a 0 N M Q 5.1 0 0 0 M 00 M C O O O 7� N O .M. 00O 0 T (n O 0O0 a\ N O U 7 \o �o 1�o 0 0 0 000 N N N 000 0 -- O ►7 1�1 w ci E Q O �O a Ct U riles z z z z z z ca Cc W W W W W W U U U U U U Q Q ¢ ¢ Q Q 0 0 0 o OoO00000 0 O N OM M Cl) -'t O Vn � N � .N. .r .N. .-N. �O M OM d V M Nt U'T 't Vd d a''T�t U i U of ❑ O U o Q O U N C O U N ❑ O N-'t ❑ 0 0 O O O O O O U O C. 0 0 0 0 0 0 C C. 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F"�oQ0�IC������\C�\0�\D110 30 Xrnv �nNM�ovla\ E �+ _O �• 0000000000000000 i•:0 i; NCO mstN t-�O O\m U o 00M O 00000000000000000 000 O t` r- MAN a NM O •oo"t- "o "0NNNNNNNNNNNNNNNN 'dip q V)Mnovit`On t-- C1-00 CC0000000000 p000o0 CO O'i 1'i hv1 t? \l? 00000 00 0000000000 0 000000 00 0 .-4 >mM >cn > 5 5 5 p 5 5 5 0 0 500 5 5 5 5 >- > 00 Q ri 000 00 00 00 f+l M M 7 It et OO O i i N �0 0 N M M O O O N M M 000 000 000 N N N %C %.o �o O O O O O O � 1 � M M 00 N 00^ � N M M er 7 N N tn00�o N N vl T�� V} 00 h ,It N h j G oa 0 a tn 4t) te) i 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 $0.00 June $0.00 July $0.00 Aug $0.00 Sept $0.00 Oct $0.00 Nov $0.00 Dec $0.00 Totals $6,827.58 $15,721.95 $5,761.96 $1,692.11 $4,585.27 $504.50 $35,093.37 5/11 /2006 Suite 300 P ERSON, (651) 291-8955 50 East Fifth Street FRAM T 7� ,� �ERG7� 7t 7� 7 (65 ] ) 228-1753 facsimile St. Paul, MN 55101-I 197 l���l l�lw Federal Tax ID #41-0991098 0W900wWwWwwwowe0 CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 FEES 11135-060002 DRIVE UP FACILITY REGULATIONS 253.00 11135-920001 Administration 1,666.50 1, 919.50 Page: 1 04/30/2006 ACCOUNT NO. 11135M EXPENSES ADVANCES BALANCE 0.00 0.00 $253.00 1.61 0.00 $1,668.11 1.61 0.00 $1,921.11 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 P ERSON, (651) 291-8955 St. Pau Fifth Street FFZAM BERGMAN (651) 228-1753 facsimile St. Paul, MN 55101-1197 Federal Tax ID #41-0991098 mat 0 oloff.2 W., ]MBEEMUMM Page: 1 CITY OF LAKE ELMO 04/30/2006 3800 Laverne Avenue North ACCOUNT NO. 11140M Lake Elmo MN 55042 FEES EXPENSES ADVANCES BALANCE 11140-030001 Misc Prosecutions 3,397.75 18.19 0.00 $3,415.94 11140-050217 Skogland, Jon Michael 2nd degree DUI, 2nd degree .08 30.00 0.00 0.00 $30.00 11140-060001 Matson, Suzanne Mary 3rd degree DUI, 3rd degree DUI .08 or more 131.25 0.00 0.00 $131.25 11140-060062 Johnson, Sherri Lee 3rd degree DUI 102.50 0.00 0.00 $102.50 11140-060063 Siegl, Courtney L violate OFP 97.50 0.00 0.00 $97.50 11140-060065 Martinez, William J. 4th degree DUI, 4th degree .08 10.00 0.00 0.00 $10.00 11140-060067 Tomek, Kimberly speed 68/55 131.25 0.00 0.00 $131.25 11140-060070 Dean, Timothy DAR 10.00 0.00 0.00 $10.00 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 MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 P . -TE1 SC Vj 50 East Fifth Street FRAM BERGMAN St. Paul, MN55101-I 197 CITY OF LAKE ELMO 11140-060080 Weyer, Robert speed 68/55 11140-060083 Meyer, Wendy Jo 4th degree DUI 11140-060084 White, Jessica no insurance (651)291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 2 04/30/2006 ACCOUNT NO. 11140M FEES EXPENSES ADVANCES 10.00 0.00 0.00 61WID 5.00 3,930.25 109111] 0.00 18.19 BALANCE $10.00 0.00 $5.00 0.00 $5.00 0.00 $3,948.44 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 P • TE1U.J`,/1 V (651) 291-8955 50 East Fifth Street FRAM BERGMAN (651) 228-1753 facsimile St. Pau St. Paul, MN 55101-I l97 1 Federal Tax ID #41-0991098 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 FEES 11145-040003 WATER SYSTEMS CONNECTION 1,887.50 EXPENSES 1 11 Page: 1 04/30/2006 ACCOUNT NO. 11145M ADVANCES BALANCE 0.00 $1,887.50 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. r5it 300�*''RSOr (651)291-8955 SO East Fifth Street ���CIL �l V 1`-- BERGMI ll V (651) 228-1753 facsimile St. Paul, MN 55101-1197 Federal Tax 1D 441-0991098 e 00*71GEMMIUM CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 FEES EXPENSES 11150-050006 DISCOVERY CROSSING OP DEVELOPMENT 209.00 0.00 11150-990006 Carriage Homes Development 121.00 1.61 330.00 1.61 Page: 1 04/30/2006 ACCOUNT NO. 11150M ADVANCES BALANCE 0.00 $209.00 0.00 $122.61 0.00 $331.61 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 E C (651) 291-8955 50 East Fifth Street 7�—, (651) 228-17 facsimile St. Paul, MN 55101-1 l97 1H r�R ll V l JJLR�. M �l V Federal Tax ID #41-0991098 4 1-3 i C i 6 Page: 1 CITY OF LAKE ELMO 04/30/2006 3800 LAVERNE AVENUE NORTH ACCOUNT NO. 11155M LAKE ELMO INN 55042 FEES EXPENSES ADVANCES BALANCE 11155-040002 Lake Elmo v. Sessing 445.50 0.00 0.00 $445.50 11155-060002 J.P. BUSH HOMES V. CITY OF LAKE ELMO 40.50 0.00 0.00 $40.50 486.00 0.00 0.00 $486.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 r P'R0F>IS5SIDNA1.";:ASSD= 1A7:1,0`,N: CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 FEES 11161-050003 Kleinvachter, Robert Michael vehicle forfeiture 81.00 11161-060001 McAninich, Andrea vehicle forfeiture 40.50 121.50 EXPENSES 0.00 0.00 0.00 (651)291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 04/30/2006 ACCOUNT NO. 11161M ADVANCES BALANCE 0.00 $81.00 0.00 $40.50 0.00 $121.50 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. TMLDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: Copies To: Chuck DiIlerud Paul Danielson, P. E. From: Thomas D. Prew, P.E. Date: June 1, 2006 1500 Piper Jaff ray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Reference: Escrow Reduction #1 Rockpoint Church City of Lake Elmo, Minnesota Project No. 13593.000 Routing: I recommend that the escrow for this project reduced to the amounts listed below. item Original Amount Remaining Amount Site Grading/ Turf Establishment $0.00 $0.00 Storm Sewer $53,900.00 $5,000.00 Drainfield (1/2 of cost) $261,800.00 $261,800.00 Watermain $115,700.00 $12,000.00 Streets $144,400.00 $144,400.00 Trails $24,000.00 $24,000.00 Street Signs $500.00 $500.00 Landscaping $206,000.00 $206,000.00 Subtotal 125% Security City Administrative Fee 2.5% Construction Inspection $806,300.00 $1,007,875.00 $20,157.50 $653,700.00 $817,125.00 Paid •. 0 An Employee Owned Company Promoting Affirmative Action and Equal Opportunity I are wv lec;l r,ZSU 4. �W.' RP -I- L T�D� ENGINEERS • ARCHITECTS • PLANNERS June 2, 2006 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: 2006 Crack Seal City of Lake Elmo, Minnesota TKDA Project No. 13593.000 Dear Mayor and City Council: 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651)292-4400 (651)292-0083 Fax www.tkda.com Bids for the referenced project were received on May 31, 2006, with the following results. A complete Tabulation of Bids is enclosed for your information. Contractor Base Bid L & M Services of Belgrade, Inc. $21,000 American Pavement Services $24,600 Bergman Companies $25,000 AsTech Corp $26,200 Engineer's Estimate $27,000 Recommendation We recommend that you award the Contract to the lowest bidder, L & M Services of Belgrade, Inc., for their base bid of $21,000. Please do not hesitate to call me with any questions or comments you may have. Sincerely, Thomas D. Prew, P.E. Project Manager TDP:art Enclosure An Employee Ov✓ned Company Promoting Affirmative Action and Equal Opportunity j u .7v _pX . . .. yr ft ;Yin � TCO s ye NO -4T -S - 7"1-111:11 U) ' f o 0 z z J z I O ~ Jzz D �� QH U iZ N OW Q Q �Ell w f!I0 r6% 69 fA 69 69rz U Q _1 U O � � N W u � W w — z � Z � z w Q ILCD = W zEmmi I 101 LC! 0 0 to JZ i JZ IO LL, 0 QD I O O O O �� 00 ON iN W Z 0 N N w m N N N Q Q O > 0 69 fl! fir- = fA Ni fA LU O ON cn� F- dimE=U cn ¢F U J ? N � a a v! us fH fa i 00 00 0 0 00 00 0 0 IO Q Q NOOQ GD O QN N N a-oQ NI I N W U) fA 69 fH 0N! V! 69 W LU Q O N O N Z � U U' oo O T (D LLJ Z — z a N w d 1 i w m i ff! G9 i69I6Y �Cnr. J C,)Iinl I z I �O CD TO F- ~ N Q N Q C1 0 I i- � I i I W ~ j co Z j Cl) O I ~ Z Q LD j Z Q i a o COQ i o o f m O 0 Q m wo -lid0 Y o W U U O M N m L z �� L �z Z 0- M Z a 4N)zU) Q 0 Q Q I- 0 O J20 Q O 2 UZIC ~ W VHZ �r;z U)wv a Q Y Y' W W Q 0 m <;�'Q o co D Ci g Z W Ci J W J U J I w � --� a � �mD O m a 00 0 0oo 0 ❑Q Cl)Z Lu N N �' �' H L N W U F- m w Z �- N m O� N a CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-050 A RESOLUTION AWARDING THE BID FOR THE 2006 CRACK SEAL PROJECT WHEREAS, pursuant to an advertisement for bids for the 2006 CRACK SEAL PROJECT were received, opened, and tabulated according to law, and the attached bids were received complying with the advertisement. AND WHEREAS, L&M SERVICES OF BELGRADE, INC. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: The mayor and clerk are hereby authorized and directed to enter into a contract with L&M Services of Belgrade, Inc. in the amount of $21,000.00, in the name of the City of Lake Elmo for the 2006 Crack Seal Project according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo City Council this 6th day of June, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator TKDA ENGINEERS • ARCHITECTS • PLANNERS June 2, 2006 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: 2006 Sealcoat City of Lake Elmo, Minnesota TKDA Project No. 13593.000 Dear Mayor and City Council: 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651)292-4400 (651) 292-0083 Fax www.tkda.com Bids for the referenced project were received on May 31, 2006, with the following results. A complete Tabulation of Bids is enclosed for your information. Contractor Base Bid Allied Blacktop Company $112,410 Pearson Bros., Inc. $114,840 AsTech Corp. $144,650 Engineer's Estimate $120,900 Recommendation We recommend that you award the Contract to the lowest bidder, Allied Blacktop, Inc., for their base bid of $112,410. Please do not hesitate to call me with any questions or comments you may have. Sincerely, Thomas D. Prew, P.E. Project Manager TDP:art Enclosure An Employee Owned Company Promoting Affirmative Action and Equal Opportunity -�w Si TO . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - Nf -T, ib t M PV1. IkN I _ 1000 O w U -rn � z ' ItIIt CD N v Z Q z Z Q D M to CD O) CM co a N 0¢ LnIt �Lf) � 0Q w F- W3, 4a iol?). �69 ° o�c = m A~ 0 �U W�rn ~v < Z — Z ¢ O per. cNi Q Wuj a ra err � fn � w r z o000 o000 o 0 a J Z 10 to - OD�O 00 O J Z Q I i O 00 ter! CO N ~O " ~Q Qo ~ 00 era 93. ea era err era Y O OOODC O co 0 � I , U JQ co W ~ U Ct��G `r o LLI L , �a z 7� I J Q i O 0 O 0 O 0 O 0 0 O 0 0 0 0 0 0 0 0 O O F O G C O o Q O O O O 0 <Qj otLOvo �t0v rn ot000 In IQ ADO F- F- Q N d OO 0 F' Q -t~O LO a N �M Kr err Ef3 ea = I fA era t9� e» ER W O O O07 O L L J O O O o _ 00�0 U) Q 0Ln OO tA71 NO ZU oLo u� o uo ZU o C uo W d Z a I� err err eta era era err era ea LZ Q J Q J Z J H C7 J Z O N o N O to F-N N Q z Q C7 a I I 4 i ( Z C9 I IC9 O W W Z Q' (D Z < m O ° a O M J Q W Q W 0 t¢ U CO ��� w 0�W 00 Q N La m Wo co w 6ccx ❑ 6O o G 016 Z_rn N O �� YLL Y�"eo Z 0 2O a F 00CL Op0 2 000CL 0�0 W 2 � ��Q�0� H QWF- � W U ix W, J�a�O� Q o m IW o m 8 Y W W �Z � NJ�NY m N Q INJ�NY — m N Q W Q�LL 11�10 tom NON fom Ntj)N '� rye IL 0 Z CS1 lQLUI 0 N�tQiU2 O W Q l� r cm m WO �NM� I W O �-Z Z 1 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-051 A RESOLUTION AWARDING THE BID FOR THE 2006 SEAL COAT PROJECT WHEREAS, pursuant to an advertisement for bids for the 2006 SEAL COAT PROJECT were received, opened, and tabulated according to law, and the attached bids were received complying with the advertisement. AND WHEREAS, ALLIED BLACKTOP COMPANY is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Allied Blacktop Company in the amount of $112,410.00, in the name of the City of Lake Elmo for the 2006 Seal Coat Project according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo City Council this 6th day of June, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator Lake Elmo Agenda Section: MAINTENANCE/PARK/FIREBUILDING No 7A(1)• City Council June 6, 2006 Agenda Item: PARKS DEPARTMENT — Reserving Neighborhood Parks Background Information for June 6, 2006 The City Council requested the Parks Commission review the policy for reserving parks for organized activities. The City Planner indicated that parking is a major issue and the functional classification of parks helps to direct use. Mike Bouthilet provided a staff memo with his comments for those parks that should be reserved. The Parks Commission recommended that all parks listed in Tier I (DeMontreville, Lions, Pebble, Reid, Tablyn and VFW) and Tier II (Kleis, Ridge, and Stonegate) on Mike Bouthilet's memo dated May 10, 2006 be reservable for organized activities. Person responsible: Action Items: M.Bouthilet/M.Rafferty Motion Second , to adopt the Policy for Reserving Neighborhood Parks as recommended by the Parks Commission and per memo of Mike Bouthilet dated May 10, 2006. Attachments: May 15, 2006 Parks Commission Minutes Mike Bouthilet's memo dated May 10, 2006 ter- ? -h t sl —;",IF i 1 - �' Cl- 4 �# s t, �-tf> l - X ifr{ yx it it 12r tts tt �t rt a� 7r3t t a�,� ,wf �1 its �y'�'+� I r PZL }t SAW . i l L OMAN� _ t a.-.� Sod --_;-"rv,r.Vi t '�,- : _.+:< a� .`+ �''vt�-._ Y 4 +-..z _ ,"fuS. v.;_• u 1 r� �" ,r•= � �.n 1 a�• n 1 , firs mall My b L T �,Ds."l ".`'�, 4 �z".c�+�'�"c t,��,-i' t, "" •� 'marts r-�(4,:�f/}`��"s1u's'}`:i }`i � ' .>tG �—s}-� P :'i: ` a�� rt �.7--t. '�'i a�i :F��; i s 1' 1 ,k�•;oi ^s ''+s'� l� x hl,`---��'��:.1 .a.4���� wo 9t - 1r ,OR 10 � . wCvc•t , -'It __ if ('ll"a fay :.r.w ...k"`.,• _ ',c _ Z76 '"!ra C�� r�� ..'4�1 S�"'�r �� =i vY.'�� z'C.,,:, a-1, �•'�- ° I . 41 �K_-4 9 r� TVr—w5K,�64•A?Fy�r�i ,, ... � 1.—Eu I�-,ll r ��,�-��r _ }= -i j �-..��n r ,��i, �n .ram• r �, ', t � ,. 1 EXCERPT DRAFT City of Lake Elmo PARKS COMMISSION MEETING Minutes of May 15, 2006 Chairman Schumacher called to order the meeting of the Lake Elmo Parks Commission at 7:02 p.m. COMMISSIONERS PRESENT: Larson, Steele, Blackford, Watters, and Heroff (7:08 p.m.). STAFF PRESENT: Administrator Rafferty, Planner Dillerud, Maintenance Worker Gustafson, and Recording Secretary Anez. ALSO PRESENT: Councilmember Smith, Former Councilmember Susan Dunn, and Carriage Station Resident Jennifer McCormick. 3. Reserving Neighborhood Parks The City Planner explained that the City Council requested the Parks Commission review policy for reserving parks for organized activities. He said Tana Ridge was reserved even though no policy exists for those reservations, and the neighborhood raised objections. Organized activities bring external activity to the neighborhood, and some neighborhood parks have tremendous demand for ball and soccer fields. The Planner said that parking is a major issue and the functional classification of parks helps to direct use. Superintendent Bouthilet provided a staff memo with his recommendations for those parks that should be reserved, could be reserved, and should never be reserved for organized activities. M/S/P, Heroff/Schumacher to recommend that all parks listed in Tier I (DeMontreville, Lions, Pebble, Reid, Tablyn, and VFW) and Tier II (Kleis, Ridge, and Stonegate) of the superintendent's memo dated May 10, 2006, be reservable for organized activities. Vote: 6:0. To: Parks Commission From: Michael Bouthilet Date: May 10, 2006 Re: Park Reservations The City Council has tasked the Parks Commission with identifying the parks the staff will reserve. Listed below are the parks that I recommend we continue to reserve, parks that need consideration, and parks not suitable to reserving for groups. Parks to Reserve • Demontreville Park (parking lot) • Lions Park (parking lot, lighted ball field and tennis court) • Pebble Park (parking lot, lighted tennis) • Reid Park (parking lot) • Tablyn Park (parking lot) • VFW Park (parking lot and lighted ball field) Parks for Consideration (one team practices only) • Kleis Park (wide 32 foot road bordering two sides of park.) • Ridge Park (expanded shoulder at entrance to development.) • Stonegate Park (full size ball field, limited lot parking.) No Reservations • Carriage Station (limited street parking) • Demontreville Wildlife (nature area) • Heights Park (undeveloped) • Heritage Park (nature area) • Homestead Park (undeveloped) • Lake Jane Hills (nature area) • Sunfish Lake (nature area) • Tana Park (limited street parking) 1 Lake Elmo Agenda Section: Park Commission No. 7A (2). City Council June 6, 2006 Agenda Item: Parks Commission/ Land Trust: Sunfish Lake Park Background Information: At the last meeting of the Parks Commission, Commissioner Blackford distributed a handout she said reiterated what we learned in a talk given by Ann Thies of the Minnesota Land Trust last year. She recommended placing Sunfish Lake Park into a conservation easement with the land trust. She expressed concern about the county's keen interest in Sunfish. Chairman Schumacher suggested moving forward to protect Sunfish now. M/S/P, Blackford/Steele to recommend placing Sunfish Lake Park into the Minnesota Land Trust at this time because the City Council gave the Parks Commission the directive to look at the land trust as a protective tool at their April 12, 2005 Council Committee Meeting, and in light of development plans within the Lake Elmo Park Reserve Master Plan, because of discussions and concepts of a tunnel underpass going through from Lake EImo Park Reserve toward Sunfish Lake Park, and Jim Luger's comment on May 9, 2006 that the county wants Sunfish Lake Park. Vote: 5:1, Nay: Watters-Conflicted because this action looks very reactionary. We have time to go through the process we are paying consultants $25,000 to perform. Commissioner Blackford then distributed a letter dated May 15, 2006, regarding protection of Sunfish Lake Park for submission to the City Council, and asked the Parks Commission to endorse all or part of that letter. Commissioner Blackford then distributed a letter dated May 15, 2006, regarding protection of Sunfish Lake Park for submission to the City Council, and asked the Parks Commission to endorse all or part of that letter. M/S/P, Blackford/Steele to endorse submission of Commissioner Blackford's letter to the City Council but amending it to include only paragraphs one, two, and four - eliminating the third paragraph. The letter now reads as follows: May 15, 2006 Subject: Recommendation from the Lake Elmo Parks Commission to put Sunfish Lake Park into the Minnesota Land Trust Dear Lake Elmo Council Member, Sunfish Lake Park is the crown jewel of the Lake Elmo Park System, a symbol of the rural character Lake Elmo follows as a community concept. This is the City's birthplace, where the first family settled, where the assembly met that created the township we now know as the City of Lake Elmo. This park's rolling; glacial landscape is the same today as it was for the first settlers; a pristine oak forest with gentle ridges, separatingponds that showcase both landscape and a lush wildlife habitat. In the spirit of the City 41 e 44if it Tj J7 . ........ ... of Lake Elmo, having more environmentally -sensitive developments than any other community in Minnesota, it is only appropriate that Sunfish Lake Park be utilized to emphasize and preserve its impressive, natural features. Sunfish Lake Park is a strong drawfor this community. The Minnesota Land Trust is the only avenue for retaining ownership that affords permanent protection of the land. An easement like the Land Trust works best where you can restrict uses and/or access routes that would be most destructive. Language like this is needed for Sunfish Lake Park. The Minnesota Land Trust is well-known, valuable, and trusted in our City, and our City Planner is well versed in the agency, with more and more developers being encouraged to forever preserve open space from their cluster community concepts in the Minnesota Land Trust. Called to be advocates and stewards for the betterment of our community, we can be proud that our crown jewel, Sunfish Lake Park, will be enjoyed as a forever gift. We strongly support and recommend to the Lake Elmo City Council that Sunfish Lake Park be placed into the Minnesota Land Trust. Respectfully submitted, The Lake Elmo Parks Commission Vote: 5:1, Nay: Wafters -For reasons previously stated. Person responsible: Action Items: Motion to accept the Park's Commission recommendation. Martin Rafferty, City Administrator Attachments: EXCERPT DRAFT City of Lake Elmo PARKS COMMISSION MEETING Minutes of May 15, 2006 Chairman Schumacher called to order the meeting of the Lake Elmo Parks Commission at 7:02 p.m. COMMISSIONERS PRESENT: Larson, Steele, Blackford, Watters, and Heroff (7:08 p.m.). STAFF PRESENT: Administrator Rafferty, Planner Dillerud, Maintenance Worker Gustafson, and Recording Secretary Anez. ALSO PRESENT: Councilmember Smith, Former Councilmember Susan Dunn, and Carriage Station Resident Jennifer McCormick. 6. Parks Survey Completion Commissioner Larson reported that surveys have been completed on all 17 parks. He said they followed the questionnaire. He presented the results of the parks walk- throughs, along with updated web descriptions of parks. He said the maps still need to be updated. 7. Land Trust: Sunfish Lake Park Commissioner Blackford distributed a handout she said reiterated what we learned in a talk given by Ann Thies of the Minnesota Land Trust last year. She recommended placing Sunfish Lake Park into a conservation easement with the land trust. She said she was concerned because minutes drafted by the Administrator at a Council Committee Meeting where concerns about Sunfish Lake Park were made by residents are inaccurate and because she is concerned about the county's keen interest in Sunfish. Administrator Rafferty said the county cannot take Sunfish Lake Park from us and suggested waiting for the Park Plan Update. Chairman Schumacher suggested moving forward to protect Sunfish now. M/S/P, Blackford/Steele to recommend placing Sunfish Lake Park into the Minnesota Land Trust at this time because the City Council gave the Parks Commission the directive to look at the land trust as a protective tool at their April 12, 2005 Council Committee Meeting, and in light of development plans within the Lake Elmo Park Reserve Master Plan, because of discussions and concepts of a tunnel underpass going through from Lake Elmo Park Reserve toward Sunfish Lake Park, and Jim Luger's comment on May 9, 2006 that the county wants Sunfish Lake Park. Vote: 5:1, Nay: Watters-Conflicted because this action looks very reactionary. We have time to go through the process we are paying consultants $25,000 to perform. Commissioner Blackford then distributed a letter dated May 15, 2006, regarding protection of Sunfish Lake Park for submission to the City Council, and asked the Parks Commission to endorse all or part of that letter. M/S/P, Blackford/Steele to endorse submission of Commissioner Blackford's letter to the City Council but amending it to include only paragraphs one, two, and four - eliminating the third paragraph. The letter now reads as follows: EXCERPT DRAFT City of Lake Elmo PARKS COMMISSION MEETING Minutes of May 15, 2006 May 15, 2006 Subject: Recommendation from the Lake Elmo Parks Commission to put Sunfish Lake Park into the Minnesota Land Trust Dear Lake Elmo Council Member, Sunfish Lake Park is the crown jewel of the Lake Elmo Park System, a symbol of the rural character Lake Elmo follows as a community concept. This is the City's birthplace, where the first family settled, where the assembly net that created the township we now know as the City of Lake Elmo. This park's rolling, glacial landscape is the same today as it was for the first settlers; a pristine oak forest with gentle ridges, separating ponds that showcase both landscape and a lush wildlife habitat. In the spirit of the City of Lake Elmo, having more environmentally -sensitive developments than any other community in Minnesota, it is only appropriate that Sunfish Lake Park be utilized to emphasize and preserve its impressive, natural features. Sunfish Lake Park is a strong draw for this community. The Minnesota Land Trust is the only avenue for retaining ownership that affords permanent protection of the land. An easement like the Land Trust works best where you can restrict uses and/or access routes that would be most destructive. Language like this is needed for Sunfish Lake Park. The Minnesota Land Trust is well-known, valuable, and trusted in our City, and our City Planner is well versed in the agency, with more and more developers being encouraged to forever preserve open space from their cluster community concepts in the Minnesota Land Trust. Called to be advocates and stewards for the betterment of our community, we can be proud that our crown jewel, Sunfish Lake Park, will be enjoyed as a forever gift. We strongly support and recommend to the Lake Elmo City Council that Sunfish Lake Park be placed into the Minnesota Land Trust. Respectfully submitted, The Lake Elmo Parks Commission Vote: 5:1, Nay: Watters-For reasons previously stated.